alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32.2

                            CERTIFICATION 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 TVI  Corporation  (the "Company") on
Form 10-QSB for the period  ending  March 31, 2004 as filed with the  Securities
and Exchange Commission on the date hereof (the "Report") I, Thomas K. Plunkett,
Vice President Finance and Treasurer,  of the Company,  certify,  pursuant to 18
U.S.C.  ss. 1350, as adopted  pursuant to ss. 906 of the  Sarbanes-Oxley  Act of
2002, that:

         (1) The Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

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

/s/ Thomas K. Plunkett
    Vice President Finance and Treasurer
    May 12, 2004
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1878 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1878

        To extend the pediatric priority review voucher program.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2015

Mr. Casey (for himself and Mr. Isakson) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
        To extend the pediatric priority review voucher program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Advancing Hope Act of 2015''.

SEC. 2. REAUTHORIZATION OF PROGRAM FOR PRIORITY REVIEW TO ENCOURAGE 
              TREATMENTS FOR RARE PEDIATRIC DISEASES.

    Section 529 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
360ff) is amended--
            (1) in subsection (a)--
                    (A) by amending paragraph (3) to read as follows:
            ``(3) Rare pediatric disease.--The term `rare pediatric 
        disease' means any of the following:
                    ``(A) A disease that meets each of the following 
                criteria:
                            ``(i) The disease primarily affects 
                        individuals aged from birth to 18 years, 
                        including age groups often called neonates, 
                        infants, children, and adolescents.
                            ``(ii) The disease is a rare disease or 
                        condition, within the meaning of section 526.
                    ``(B) Any form of sickle cell disease.
                    ``(C) Any pediatric cancers.''; and
                    (B) in paragraph (4)--
                            (i) in subparagraph (E), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (F), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(G) is for a drug or biological product for which 
                a priority review voucher has not been issued under 
                section 524 (relating to tropical disease products).'';
            (2) in subsection (b), by striking paragraph (5); and
            (3) in subsection (d)(2), in the second sentence, by 
        striking the period and inserting ``, but the sponsor of a drug 
        that intends to request a priority review voucher under this 
        section shall notify the Secretary of such intent upon 
        submission of an application under section 505 or section 351 
        of the Public Health Service Act that is the basis of such 
        request.''.
                                 <all>
```
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

ROBERT TIMOTHY SWANK, Sr.,

 Defendant - Appellant.

No. 14-35511

D.C. Nos. 1:13-cv-00122-SPW

1:10-cr-00086-SPW

MEMORANDUM*

Appeal from the United States District Court

for the District of Montana

Susan P. Watters, District Judge, Presiding

Submitted August 25, 2015** 

Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.

Federal prisoner Robert Timothy Swank, Sr., appeals from the district

court’s judgment dismissing his motion under 28 U.S.C. § 2255, and the district

court’s order denying his motion under Federal Rule of Civil Procedure 59(e). We

FILED

SEP 01 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
have jurisdiction under 28 U.S.C. §§ 1291 and 2253. We reverse and remand with

instructions.

Swank contends that the district court abused its discretion by dismissing his

section 2255 motion based on his failure to submit a signed request for counsel,

and by denying his Rule 59(e) motion, which included a signed request for

appointment of counsel. When an evidentiary hearing is ordered, appointment of

counsel for indigent section 2255 movants is mandatory. See Rule 8(c) of the

Rules Governing Section 2255 Proceedings, 28 U.S.C. foll. § 2255; United States

v. Duarte-Higareda, 68 F.3d 369, 370 (9th Cir. 1995) (order). In light of this

authority, the government agrees with Swank that this case should be remanded. 

Accordingly, we reverse and remand for appointment of counsel and an evidentiary

hearing regarding Swank’s claim that trial counsel was ineffective when advising

Swank to plead guilty. We deny Swank’s request for an open remand to enable

him to reargue the claims that the district court denied on the merits without an

evidentiary hearing.

We treat Swank’s additional arguments as a motion to expand the certificate

of appealability. So treated, the motion is denied. See 9th Cir. R. 22-1(e); Hiivala

v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999) (per curiam).

REVERSED and REMANDED.

2 14-35511
REF ID:A68729 

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I
[Federal Register Volume 80, Number 48 (Thursday, March 12, 2015)]
[Notices]
[Pages 13026-13027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05665]


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

 DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--DVD Copy Control Association

    Notice is hereby given that, on February 6, 2015, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), DVD Copy Control 
Association (``DVD CCA'') has filed written notifications 
simultaneously with the Attorney General and the Federal Trade 
Commission disclosing changes in its membership. The notifications were 
filed for the purpose of extending the Act's provisions limiting the 
recovery of antitrust plaintiffs to actual damages under specified 
circumstances. Specifically, Azend Group Corporation, Chino, CA, has 
been added as a party to this venture.
    Also, AMZ Midia Industrial S/A, Barueri, Brazil; AVT International 
Limited, Kowloon, Hong Kong-China; Bang & Olufsen A/S, Struer, Denmark; 
Diamondking Inc., Chino, CA; DVS Korea Company, Sungnam-si, Kyunggi-do, 
Republic of Korea; Eclipse Data Technologies, Pleasanton, CA; Hitachi 
Ltd., Tokyo, JAPAN; Hong Kong ASA Multimedia Co., Ltd., Kowloon, Hong 
Kong-China; Korea Mikasa Corporation, Seoul, Republic of Korea; Marubun 
Corporation, Tokyo, Japan; MediaCore, Inc., Gyeonggi-Do, Republic of 
Korea; and Ngai Lik Digital Limited, Kowloon, Hong Kong-China, have 
withdrawn as parties to this venture.
    In addition, the following members have changed their names: 
Entertainment Distribution Company GmbH to EDC GmbH, Langenhagen,

[[Page 13027]]

Germany; KDG to Media Industry, Sainte-Marguerite, France; and Silicon 
Application Company Limited to Silicon Application Corp., Shenzhen, 
People's Republic of China.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and DVD CCA intends to file additional 
written notifications disclosing all changes in membership.
    On April 11, 2001, DVD CCA filed its original notification pursuant 
to Section 6(a) of the Act. The Department of Justice published a 
notice in the Federal Register pursuant to Section 6(b) of the Act on 
August 3, 2001 (66 FR 40727).
    The last notification was filed with the Department on September 4, 
2014. A notice was published in the Federal Register pursuant to 
Section 6(b) of the Act on September 30, 2014 (79 FR 58806).

Patricia A. Brink,
Director of Civil Enforcement, Antitrust Division.
[FR Doc. 2015-05665 Filed 3-11-15; 8:45 am]
 BILLING CODE P
Exhibit 32.1











CERTIFICATION 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 Annual Report of Redwood Mortgage Investors VIII (the “Partnership”) on Form 10-K for the period ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), pursuant to 18 U.S.C. (S) 1350, as adopted pursuant to (S) 906 of the Sarbanes-Oxley Act of 2002, I, Michael R. Burwell, certify that to the best of my knowledge:





(1)
The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





(2)
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the partnership at the dates and for the periods indicated.





A signed original of this written statement required by Section 906 has been provided to Redwood Mortgage Investors VIII and will be retained by Redwood Mortgage Investors VIII and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 32.1

                          SECTION 906 CEO CERTIFICATION


In connection with the filing of this Annual Report of Hibshman Optical Corp.
(the "Company") on Form 10-KSB for the period ended December 31, 2004 with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Pasquale Catizone, President and Chief Executive Officer, certify, pursuant to
18 U.S.C. as. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that:

(1)      The Report fully complies with the requirements of section 13(a) or
         15(d) of the Securities Exchange Act of 1934, as amended; and

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



                                   /s/ PASQUALE CATIZONE
                                   ---------------------------------------------
                                   Name:  Pasquale Catizone
                                   Title:  President and Chief Executive Officer
                                   Date: March 30, 2005


A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by it and furnished to the
Securities and Exchange Commission or its staff upon request.
, 

-

REF ID:A66510 

OOPY 

BELL TEIEPHONE LAllOJ.WUtIF.s 

'WHIPPANY LABORATOOY 

WlilPPANY 1 JllW JERSEY 

WlUPPANY $ ... J.000 

Director ot Be.tiOlla.l. Securit¥ Agency 

We.ahington 25, D. C. 

Dear General Caninas 

:t want to thank you ~or ;your k1nd letter or January 20, 

end. 70Ul" eelection or nr.I' name for poasi't>le ~Shjp to the ~el.ecomnunlicat1onJJ Panel or the National Security M.visory 

:Boe.rd. I bave bad 80me t'amil1ar1ty with your activity both 

through '11fi' connection vith the former Reeearch fJ.lld. :Development 

brd and "ttlY Dell Telephone Ia'bora.torie• vork, llO I ~reciate 

the ~e ot Your vork 1n the national defense and I shall ,.,.,,,.~='be V¢rY happy to ofter ieyself' -a.s. 3 candid.ate tar the Teleconmunice.tiona 

Panel. 

In yreparing tho personal h1atoey ats.tenent (Form DD 398), 

i q sorry to ea.y that unro.rtunately both copies ba.ve been ru1Ded 

1n the process and I would very much «;PPreCiate your sending me 

~-~other CJ:JJJY which l viU return withou delay. 

e o P 1 

IU.ncerely, 

! • IJ.1W)tl'P 

Director ot 

Military Commun1catione Engineering 

@'pproved for Release by NSA on 07-25-2014 pursuantto E.O. 1352a 

----==---
II 

114TH CONGRESS 

1ST SESSION S. 2159 

To amend title XIX of the Social Security Act to allow for greater State 

flexibility with respect to excluding providers who are involved in abortions. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 7, 2015 

Mr. VITTER (for himself and Mr. TILLIS) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To amend title XIX of the Social Security Act to allow 

for greater State flexibility with respect to excluding 

providers who are involved in abortions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Women’s Public 

5 Health and Safety Act’’. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•S 2159 IS

1 SEC. 2. INCREASING STATE FLEXIBILITY IN DETERMINING 

2 PARTICIPATION OF PROVIDERS WHO PER3 FORM, OR PARTICIPATE IN THE PERFORM4 ANCE OF, ABORTIONS. 

5 Section 1902 of the Social Security Act (42 U.S.C. 

6 1396a) is amended— 

7 (1) in subsection (a)(23), by striking ‘‘sub8 section (g)’’ and inserting ‘‘subsection (g), sub9 section (ll),’’; and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(ll) RULES WITH RESPECT TO DETERMINATION OF

13 PARTICIPATION OF PROVIDERS WHO PERFORM, OR PAR14 TICIPATE IN THE PERFORMANCE OF, ABORTIONS.— 

15 ‘‘(1) IN GENERAL.—Beginning October 1, 

16 2015, subject to paragraph (2), for purposes of this 

17 title, a State, at its option, may establish criteria 

18 with respect to the participation under the State 

19 plan (or under a waiver of the plan) of an institu20 tion, agency, entity, or person who performs, or par21 ticipates in the performance of, abortions. 

22 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

23 apply to an abortion— 

24 ‘‘(A) if the pregnancy is the result of an 

25 act of rape or incest; or 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•S 2159 IS

1 ‘‘(B) in the case where a woman suffers 

2 from a physical disorder, physical injury, or 

3 physical illness that would, as certified by a 

4 physician, place the woman in danger of death 

5 unless an abortion is performed, including a 

6 life-endangering physical condition caused by or 

7 arising from the pregnancy itself. 

8 ‘‘(3) DEFINITIONS.—For purposes of this sub9 section, the terms ‘institution’, ‘agency’, or ‘entity’ 

10 mean the entire legal institution, agency, or entity, 

11 or any part thereof, including any institution, agen12 cy, or entity that controls, is controlled by, or is 

13 under common control with such institution, agency, 

14 or entity.’’. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
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, 2005 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 10, 2005

                                                   /s/  Gregory D. Hartman
                                                   -----------------------
                                                   Gregory D. Hartman
                                                   October 10, 2005


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.
ATTACHMENT C

Letter dated April 27, 2007, submitted by Chemstone 

in support of its BART determination
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1
<CURRENCY>                                     U.S. Dollars
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>               DEC-31-1998
<PERIOD-START>                  JAN-01-1998
<PERIOD-END>                    SEP-30-1998
<EXCHANGE-RATE>                           1
<CASH>                            2,454,624
<SECURITIES>                      3,148,867
<RECEIVABLES>                       705,017
<ALLOWANCES>                         35,900
<INVENTORY>                       1,024,042
<CURRENT-ASSETS>                  7,457,859
<PP&E>                            2,631,648
<DEPRECIATION>                      840,079
<TOTAL-ASSETS>                    9,249,428
<CURRENT-LIABILITIES>               454,647
<BONDS>                                   0
<PREFERRED-MANDATORY>                     0
<PREFERRED>                               0
<COMMON>                            197,152
<OTHER-SE>                        7,972,229
<TOTAL-LIABILITY-AND-EQUITY>      9,249,428
<SALES>                           4,722,662
<TOTAL-REVENUES>                  4,829,616
<CGS>                             2,023,558
<TOTAL-COSTS>                     4,409,752
<OTHER-EXPENSES>                    104,514
<LOSS-PROVISION>                     15,750
<INTEREST-EXPENSE>                   11,391
<INCOME-PRETAX>                     315,350
<INCOME-TAX>                        115,300
<INCOME-CONTINUING>                       0
<DISCONTINUED>                            0
<EXTRAORDINARY>                           0
<CHANGES>                                 0
<NET-INCOME>                        200,050
<EPS-PRIMARY>                          0.10
<EPS-DILUTED>                          0.10
        


</TABLE>
I I .. _.,;._, 

~ 

soo 

• REF ID:A66817 

UNITED STATES AIR 

HEADQUARTERS 

FORCE SECURITY SERVICE 

• 

BROOKS AIR FORCE BASE, TEXAS 

( 

17 MAR 195! 

SUBJECT: Letter of Appreciation 

'IHRU: Director 

'10: 

Armed Forces Security Agency 

Washington 25, D. C. 

Mr. William Friedman 

Armed Forces Security Agency Washington-25-;-=·n. -c-.---·- - --· · 

1. I would like to express the appreciation of the entire Air 

Force Security Service for your uniquely interesting presentation 

made at the world-wide Communications Security Conference held by 

this Comm.and during the period 3-7 March 1952. 

2. Your lecture,_ "'lhe Developnent of Communications Security," 

was most informative and interesting. Your presentation provided a 

historical background against which present day communications securi ty becomes more significant and meaningful. 

,... .. ... ,. .. ' .... --~ 

RO H.LY ~~ -

F;IAJOR GE £RAL, USA~ 

COMMANDING 

@'pproved for Release by NSA on 10-25-2013 pursuantto E.O. 1352e 

1063
<PAGE>

                                                                    Exhibit 23.2

                       CONSENT OF INDEPENDENT ACCOUNTANTS

   We hereby consent to the use in this registration statement on Form S-1 of
our report dated September 9, 1999, relating to the financial statements of
SmartKids.com, Inc., which appears in such registration statement. We also
consent to the reference to us under the heading "Experts" in such registration
statement.

PRICEWATERHOUSECOOPERS LLP

Boston, Massachusetts

October 19, 1999
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**14 CA 13-00406**  PRESENT: SCUDDER, P.J., SMITH, CENTRA, CARNI, AND WHALEN, JJ.

GEOFFREY BOND AND SALLY T. BOOTEY, PLAINTIFFS-RESPONDENTS,

V MEMORANDUM AND ORDER

THOMAS A. TURNER, MICHELLE M. TURNER, DEFENDANTS-APPELLANTS, AND VILLAGE OF LAKEWOOD, DEFENDANT-RESPONDENT.

DAMON MOREY LLP, BUFFALO (MICHAEL J. WILLETT OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

ERICKSON WEBB SCOLTON & HAJDU, LAKEWOOD (PAUL V. WEBB, JR., OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

GOODELL & RANKIN, JAMESTOWN (ANDREW W. GOODELL OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from a judgment of the Supreme Court, Chautauqua County (Timothy J. Walker, A.J.), entered July 26, 2012. The judgment, inter alia, directed defendants Thomas A. Turner and Michelle M. Turner to remove certain improvements from a right-of-way and awarded money damages to plaintiff Sally T. Bootey.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: This Court issued an order on a prior appeal in this case ( Bond v Turner , 78 AD3d 1490, rearg denied 81 AD3d 1387), and Thomas A. Turner and Michelle M. Turner (defendants) now appeal from the ensuing judgment issued by Supreme Court. Defendants simultaneously moved in the Court of Appeals for leave to appeal from the judgment, which would bring up for review our nonfinal order on the prior appeal, and the Court of Appeals dismissed the motion for leave to appeal “upon the ground that simultaneous appeals do not lie to both the Appellate Division and the Court of Appeals” (20 NY3d 904, 904). The Court of Appeals thereafter denied defendants’ application for leave to reargue that motion (20 NY3d 1021). Defendants fail to raise any challenge to the judgment, however, and contend only that this Court erred with respect to our order in the prior appeal. Thus, defendants are in effect again moving for leave to reargue with respect to the prior order by which they were aggrieved ( see Bond , 78 AD3d 1490, rearg denied 81 AD3d 1387), inasmuch as they are not further aggrieved by the judgment ( see generally Utility Servs.**-2- 14 CA 13-00406** 

Contr., Inc. v Monroe County Water Auth. , 90 AD3d 1661, 1663, lv denied 19 NY3d 803). We therefore dismiss defendants’ appeal from the judgment ( see CPLR 5511).

Entered: February 14, 2014 Frances E. Cafarell Clerk of the Court
EXHIBIT 23.1



               Consent of Independent Certified Public Accountants

The Board of Directors
Security Bank Holding Company
Coos Bay, Oregon:

We consent to the use of our report dated January 24, 1997, relating to the
consolidated financial statements of Security Bank Holding Company and
subsidiaries, included herein and to the reference to our firm under the heading
"Experts" in the prospectus.  Our report refers to changes in accounting for 
investments in certain debt and equity securities.


/s/ KPMG Peat Marwick LLP

Portland, Oregon
August 5, 1997


<PAGE>