alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 32.1

WRITTEN STATEMENT OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, the Chief Executive Officer and the Chief Financial Officer
of Biomet, Inc. (the "Company"), each hereby certifies that to his knowledge
on the date hereof:

(a)   The quarterly Report on Form 10-Q of the Company for the Quarter Ended
      August 31, 2004 filed on the date hereof with the Securities and
      Exchange Commission (the "Report") fully complies with the requirements
      of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(b)   Information contained in the Report fairly represents, in all material
      respects, the financial condition and results of operations of the
      Company.

                                                   /s/  Dane A. Miller
                                                   -------------------
                                                   Dane A. Miller, Ph.D.
                                                   October 12, 2004

                                                   /s/  Gregory D. Hartman
                                                   -----------------------
                                                   Gregory D. Hartman
                                                   October 12, 2004


The foregoing certification is being furnished to the Securities and Exchange
Commission as an exhibit to the Form 10-Q and shall not be deemed to be
considered filed as part of the Form 10-Q.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20
- 7339

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. SHAPAT AHDAWAN NABAYA , Defendant

- Appellant

.

Appeal from the United States District Court for the Eastern District of Virginia , at Richmond

. M. Hannah Lauck , District Judge. ( 3:17

- cr
- 00003

- MHL

- 1 )

Submitted : December 22, 2020 Decided: December 29, 2020

Before NIEMEYER, FLOYD, and RICHARDSON , Circuit Judges.

Dismissed by un published per curiam opinion

.
Shapat Ahdawan Nabaya, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Shapat Ahdawan Nabaya seeks to appeal the district court ’s order denying 44 motions in his ongoing 28 U.S.C. § 2255 proceeding . This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Benef icial Indus. Loan Corp. , 337 U.S. 541,
545

- 46 (1949). The order Nabaya seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny Nabaya’s motions for a certificate of appealability and for release pending appeal, and we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMI SSED
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

May 18, 2007 Clifford W. Taylor,
Chief Justice

132618 Michael F. Cavanagh
Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. REBECCA JANE LIPTOW, as Personal Stephen J. Markman, Representative of the ESTATE OF JELINDA Justices JOANNE BURNETTE-L IPTOW, Deceased, Plaintiff-Appellant,

and SC: 132618 COA: 260562 Wayne CC: 03-301611-CK MICHIGAN DEPARTMENT OF COMMUNITY HEALTH, Intervening Plaintiff-Appellant,

v

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the October 24, 2006 judgment of the Court of Appeals is cons idered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

K ELLY , J., dissents and states as follows:

This Court should grant leave to appeal to consider whether MCL 600.5821(4) exempts a state governmental body from the one-year-back rule of MCL 500.3145(1). This is a jurisprudentially signi ficant issue of first impression.

p0515 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

May 18, 2007

Clerk
EXHIBIT 32(b)




CERTIFICATION OF


AND CHIEF FINANCIAL OFFICER


PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF


THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report of Thermodynetics, Inc. (the "Company") on Form 10-Q for the quarter ending September 30, 2010 as filed with Exchange Commission on the date hereof (the "Report"), the undersigned, the Chief Financial Officer of the Company, hereby certifies to the best of the undersigned's knowledge and belief, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





(1)  The Report complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 in all material respects; and





(2)  The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.




Date: November 11, 2010
By:
/s/ John F. FerraroJohn F. FerraroTreasurer and Chief Financial Officer





This certification shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, or otherwise subject to the liability of that section.  This certification shall not be deemed to be incorporated by reference into any filing under the Securities Act of 1933 or the Securities Exchange Act of 1934, except to the extent that the small business issuer specifically incorporates it by reference.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-20532

Conference Calendar

 

BRUCE LEE WILLIS,

Plaintiff-Appellant,

versus

MR. N. BATES; MRS. C. RICHARDS; MR. TOLLIVER;

MRS. MOSELY; MRS. TRAPPIO; MRS. GRAHAM; MR. L. LENTZ;

MR. C. WABARA; ASSISTANT REGIONAL DIRECTOR;

INTERNAL AFFAIRS; JOHN CLAYMAN; BOARD OF PARDONS

AND PAROLES,

Defendants-Appellees.

--------------------

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-01-CV-1156

--------------------

October 29, 2002

Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:*

Bruce Lee Willis, Texas prisoner #717354, appeals the

district court’s dismissal without prejudice of his pro se, in

forma pauperis (IFP) 42 U.S.C. § 1983 complaint. The district

court reasoned that Willis’ suit was barred by Heck v. Humphrey,

512 U.S. 477 (1994), and Edwards v. Balisok, 520 U.S. 641 (1997),
No. 02-20532

-2-

because all of his claims in some way related to the revocation

of his parole. 

Willis’ brief fails to address any issue that is before this

court. Willis recounts the facts surrounding his termination by

an unnamed corporation and its parent company based upon a “dirty

uranalysis.” The district court denied Willis’ motion to add the

unnamed corporation as a defendant, however, and Willis has not

challenged the denial of said motion. The remainder of Willis’

brief discusses the facts underlying his claims against the

defendants. Willis does not dispute the district court’s

determination that his claims against the defendants are barred

by Heck and Edwards. Because Willis does not address on appeal

the district court’s reason for dismissing his civil rights

action, he has abandoned the only issue on appeal. Brinkmann v.

Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.

1987). 

Willis’ appeal is without arguable merit and is frivolous. 

See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). 

Because the appeal is frivolous, it is DISMISSED. See 5TH CIR.

R. 42.2. The dismissal of this appeal as frivolous constitutes

one strike for purposes of the 28 U.S.C. § 1915(g) bar. Adepegba

v. Hammons, 103 F.3d 383, 388 (5th Cir. 1996). We caution Willis

that once he accumulates three strikes, he may not proceed IFP in

any civil action or appeal filed while he is incarcerated or
No. 02-20532

-3-

detained in any facility unless he is under imminent danger of

serious physical injury. See 28 U.S.C. § 1915(g).

DISMISSED AS FRIVOLOUS; WARNING ISSUED.
exv10w3






Exhibit 10.3




FIRST AMENDMENT TO THE

USEC INC. PENSION RESTORATION PLAN

(As Amended and Restated Effective January 1, 2008)




     WHEREAS, the USEC Inc. Pension Restoration Plan (“Plan”) was amended and restated effective
January 1, 2008; and



     WHEREAS, additional amendments to the Plan are desired in order to comply with Section 409A of
the Internal Revenue Code of 1986, as amended;



     NOW THEREFORE, the Plan is amended as follows:



I.




     The fourth sentence of Section 4.4 is amended to read as follows, effective January 1, 2008:




With regard to Non-Grandfathered Benefits, death benefits shall be
paid in a lump sum.



II.




     Section 4.10 is amended, effective October 23, 2004, by adding the following at the end
thereof:




For periods prior to January 1, 2008, the Plan shall be operated in
good faith compliance with the provisions of Section 409A and
applicable guidance thereunder.



III.




     Except as set forth herein, the Plan shall remain in full force and effect.



     Executed this 1st day of August, 2008




	 	 	 	 	 
	 	USEC INC.

 	 
	 	By:  	/s/ W. Lance Wright
 	 
	 	 	Senior Vice President, Human Resources 	 
	 	 	and Administration 	 
	 



	 	 	 	 	 
	ATTEST

 	 	 
	By:  	/s/ Peter B. Saba
 	 	 
	 	Secretary
EXHIBIT 10.1

                     AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
                    BETWEEN DOTRONIX, INC. AND KURT T. SADLER
                    -----------------------------------------

Reference is hereby made to that Employment Agreement dated September 8, 2003,
between Dotronix, Inc., a Minnesota corporation (hereinafter "Dotronix"). and
Kurt T. Sadler (hereinafter "Sadler").

     Dotronix and Kling hereby agree to amend the Employment agreement as
     follows:

Paragraph 5, Stock option grants, shall be amended to read as follows:

     Dotronix agrees to issue stock options for 50,000 shares of common stock to
     Sadler under the 1999 Stock Incentive Plan. The vesting date shall be as
     follows; 12,500 shares shall vest on the date of issuance of the stock
     option grant, 12,500 shares shall vest on April 1, 2004, 12,500 shares
     shall vest on October 1, 2004, and 12,500 shares shall vest on April 1,
     2005. The option price for the 50,000 shares shall be the closing price of
     the stock on the grant date. Each stock option shall be for 10 years. Once
     a grant has been made it will remain in effect until it expires 10 years
     after issuance.

Paragraph 6 (b) Severance Benefit shall be amended to read as follows:

     In the event Sadler's employment terminates following a Change of Control
     as defined in Section 11 below, any unvested shares shall immediately vest.

     IN WITNESS WHEREOF, the parties have executed this Agreement as of November
     17, 2003

     DOTRONIX, INC.


     By /s/ Robert V. Kling
     Robert V. Kling
     Chief Financial Officer


     /s/ Kurt T. Sadler
     Kurt T. Sadler






                                       15
<PAGE>   1
                                                                   Exhibit 10.51


                                PROMISSORY NOTE



$100,000.00


                                        Chicago, Illinois
                                        October 25, 1996



FOR VALUE RECEIVED, Dr. Norman Pressman as (the "Maker"), promises to pay to
the order of AccuMed International, Inc. (the "Holder") at 900 North Franklin
Street, Suite 401, Chicago IL 60610 the principal sum of One Hundred Thousand
Dollars ($100,000.00), without interest.  This Promissory Note is being made to
provide funding for relocation related costs pursuant to the Employment
Agreement between AccuMed International, Inc. and Dr. Pressman.

The principal hereunder shall be payable in quarterly installments, with said
installments constituting fifty percent (50%) of any bonus payments due to Dr.
Pressman under the terms of the Employment Agreement.  Payments shall continue
until the entire principal balance has been paid but in no instance will
payments extend beyond five years.  If any principal amount is owing at the end
of five years such amount shall become due and payable immediately.  All
quarterly payments will be deducted directly from employee's compensation for
the period in which the bonus is paid to the employee.

Waiver by the holder of a failure to make any payment hereunder when due shall
not be construed as a waiver of any other such failure.  Each of the maker and
the holder irrevocably submit to the jurisdiction of Illinois's state and
federal courts, litigation to enforce terms of this note and shall be governed
by the laws of the State of Illinois in all respects, including matters of
construction, validity, and performance.


                                        /s/Dr. Norman Pressman
                                        ---------------------------------------
                                        Dr. Norman Pressman
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   12-MOS                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1998             JUN-30-1998
<PERIOD-START>                             JUL-01-1997             APR-01-1998
<PERIOD-END>                               JUN-30-1998             JUN-30-1998
<CASH>                                          28,262                       0
<SECURITIES>                                    25,319                       0
<RECEIVABLES>                                   44,185                       0
<ALLOWANCES>                                   (1,468)                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                               102,276                       0
<PP&E>                                          21,010                       0
<DEPRECIATION>                                 (9,918)                       0
<TOTAL-ASSETS>                                 129,587                       0
<CURRENT-LIABILITIES>                           31,650                       0
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                        75,259                       0
<OTHER-SE>                                      22,678                       0
<TOTAL-LIABILITY-AND-EQUITY>                   129,587                       0
<SALES>                                              0                       0
<TOTAL-REVENUES>                               169,678                  52,458
<CGS>                                                0                       0
<TOTAL-COSTS>                                  144,748                  44,417
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                                 26,839                   8,589
<INCOME-TAX>                                    10,729                   3,438
<INCOME-CONTINUING>                             16,110                   5,151
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                    16,110                   5,151
<EPS-PRIMARY>                                      .51                     .16
<EPS-DILUTED>                                      .47                     .15
        

</TABLE>
Mr. Boria c.w. Begelin 

Cr,ypto A,Q 

We1nbergstrasee 10 

£ua, Svitzerland 

I>eo.r Boriss 

ll. 1•bruar7 1955 

'l"b!llnk yov.._ VU)' l'lJlCh tor your letter ~ 7 February. I vill cel'"tainl.y 

let 701.l know on which plane I viU arrive ill turich u indicated in Jq' 

letter or 9 J'ebruary. '!'ho acbed.ule calls tor a Janding at Orl.7 Field 

1n Paria •t 3 r05 p.m. on 19 February &l1d u aoon as I cu l 'Will telephone 

Yott· It vUl be nice to be met by either you r:1r l3o or both or rou, and 

I thimk you apin tor your Tttq kind imitation ot hospitality. 

There are two reaeona tor ltl'iting you DOV. One 1- that I had hoped 

1CU1' letter would contain eame cOJmDents v:f.th reepect to the C-52 •chine 

I asked tor 1n rq letter o4t 28 J'axlllm71 to vh1oh there bas been no direct ~. I imsgine that you received. that l.etter becauee ~ 10ur ref'erence 

to the C2Uldel.a 'book which vae mimtioned in i'hl• next to tbe last i:ara&r&ph• 

However 1 in order to avoid NO' possibility ot Jliaundorat&Mh1a; I incli.lde 

herewith a cow of the letter, the second and third pan.graphl or which 

I vould. be pl.eaaed to roce1TO eome COJ:llll':Ult upon. betore I leave here. 

l(ov tor the "com reaeon I'm. vrittng JOU• J'roDl a poa1tion in 

which it 41411 't leeJl possible to acquire even one trana1atorued rac11o 

eet between Art a1'.ld Jqself it a;ppee.r• that ve now have tllO and. I would. 

like Ter,y llll.Ch to knov whether you "1tlh m to bring both ot them or 

just cmo. I will be glad to briug both u they are quite email. They 

eost approximately $52 •ch aM. if' JOU don't want both I vtU keep me. 

I 1fXpect, or courM, to declare the gacJaot at ouatoma control and bopo 

the ciJar8e won't be great. 

U you anever thia letter immediatel,y, I vUl p&"()'ba.b~ get it 

before taking ott a week 1"X'01I todq 'but Jl1&)'be )"OU bad better aend me 

& telegram about the n.dio aeta and perhaps JOU could. include a vord 

&bOut a loan ot a e-sa ao I cou:Ld ~ ror 1ta au tra:oaportation 

before I depart. 

I have not .an Stu tor .._ timlt but have bad an exchanp at 

l.etten about •1X veeka ago When I uked him ~or aome ad.Vice Yith 

ttd'erenca to aecur1't1•• UJ4 tllere ,.. nothina to indicate that ho vu. 

at "~" Yith ;you.. 

toold.D& torvard. to 11Ming ;you eocni, Gd vith a.tt.ctiona.te repr4.1, 

l~eNJ.¥1 

lnclt a/• VILLlAM '. J'aXFJJIAI - .. -- _.. - 1:- . -

@'pp roved for Release by NSA on 06-19-2014 pursuantto E .0. 1352a
<PAGE>

                                                                      EXHIBIT 23


                              CONSENT OF KPMG LLP
                              -------------------


The Board of Directors
Simulaids, Inc.:


We consent to the inclusion of our report dated March 19, 1999 with respect to
the balance sheets of Simulaids, Inc. as of December 31, 1998 and 1997 and the
related statements of income, shareholder's equity and cash flows for each of
the years in the three year period ended December 31, 1998, which report appears
in the Form 8-K/A of The Aristotle Corporation.



                                    /s/ KPMG LLP

                                    KPMG LLP



New York, New York
July 15, 1999
Re: Quantitative risk analysis of Ni including speciation of emissions from oil-fired EGUs.

HUGGINS, FRANK E

to: Dave Guinnup, Bill Maxwell, Ines Pagan, Bryan Hubbell

06/14/2011 02:38 PM

Cc: "Galbreath, Kevin C.", "Eylands, Kurt (KEylands@undeerc.org)", Lisa Van Loon , "jeremy.olson@lightsource.ca", zillioux@bioindi cators.org", "Paul.Lynch@us.ngrid.com", "'Chu, Paul' (PCHU@epri.com)", stephen.ward@heco.com

ACS Final version.pdf

Acceptance Letter from ES&T.GIF

Dear Drs. Guinnup, Maxwell, Pagan, and Hubbell:

I am writing to you at the request of Dr. Ed Z illioux (see copy of the email below), who wishes to bring to your attention some joint work that we have performed over the last year relevant to the peer-review of the risk analys is of nickel emissions from EGUs that you are currently or soon will be involved with on behalf of the US EPA.

Accordingly, please find attached a copy of a manuscript submitted to Environmental Science & Technology, that has been recently accep ted for publication (see attached acceptance letter from the ES&T editor). The manuscript summarizes Ni speciation in emissions from eight residual oil fired EGUs determined by nickel XAFS spectroscopy, which is the best available method for directly and non-destruc tively determining the speciation in such emissions. The nickel speciation of all sample s investigated was found to be dominated by

nickel sulfate in the form of NiSO 4 .6H 2 O, with lesser amounts of nickel oxides, either (Ni,Mg)O and/or NiFe 2 O 4 . Importantly, the highly carcinogenic nickel species, nickel

subsulfide and similar nickel sulfides, were demonstrated not to be significant in the emission samples.

Please do not hesitate to contact me should you need further information regarding the submitted manuscript.

Sincerely,Frank E. Huggins
Research Professor
CFFS/CME University of Kentucky 103 S. J. “Sam” Whalen Bldg

533 S. Limestone Street Lexington, KY 40506-0043

+1 (859) 257-4045 phone +1 (859) 257-7215 fax

Frank.Huggins@uky.edu

COPY OF EMAIL REQUEST FROM Dr. Ed Zillioux:

Hi Frank,

Thanks for your quick response. I have one more request.

EPA is currently conducting a peer-review of their quantitative risk analysis of Ni including speciation of emissions from oil-fired EGUs. In the propos ed rule published 3 May 2011 it was noted that:

“Due to the
court-ordered schedule for this proposed rule, EPA will conduct these peer reviews as expeditiously as possible after issuance of this proposed rule and will publish the results of the peer reviews and any EPA response to
them before the final rule.”

I have determined those who are involved in or leading the peer review. Would you, as principal author, send the final paper along with any ES&T acceptance communication directly to: Dave Guinnup at Guinnup.Dave@epamail.epa.gov as a means to inform the Ni peer review process. Also, please copy Maxwell.Bill@epamail.epa.gov ; Pagan.Ines@epamail.epa.gov , and Hubbell.Bryan@epamail.epa.gov , as well as the paper’s full author list.

Thanks. This should make the best possible immediate use of the paper.

Best regards,

Ed
**EXHIBIT 31.1**

 

**Certification****Pursuant to**

**Section 302of the**

**Sarbanes-OxleyAct of 2002**

 

I, David B. Eisenhaure, certify that:

 

1.                                       I have reviewed this annual report onForm 10-K/A of SatCon Technology Corporation;

 

2.                                       Based on my knowledge, this annual report does notcontain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this annual report;

 
|                    | /s/ David B. Eisenhaure                |
|-------------------------|----------------------------------------|
|                    | David B. Eisenhaure                    |
| Dated: January 28, 2005 | President and Chief Executive  Officer |

 

----