alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## SERVED MAY 4, 2012

u.s. DEPARTMENT oF TRANsPoRT

## ATI.ci?WJJ.rRl;~~.T~-**~~~-~**

. . , .)1 \. 11/-\ J, · 

### OFFICE OF HEARINGS ·- 

## :_:::cr .QPn,-.:A·IY) 1r\,

..**(~**

In The Matter Of: ISLAND BIRDS, INC., Respondent 

### WASHINGTON, DC .. , i •··· !. ' I\,. t "<../
) ) ) ) ) DocketNo. FAA-2011-1008 Case No. 2010 SO 190309

ORDERDISMISSING PROCEEDING On May 1, 2012, the Complainant, the Federal Aviation Administration (FAA), filed a Notice ofSettlement/Withdrawal ofComplaint. The FAA's Withdrawal of Complaint stated that the FAA and the Respondent, Island Birds, Inc., had reached a settlement and that the FAA was withdrawing its Complaint dated September 20,2011. There is a Pre-Hearing Status Conference and a Hearing currently set in this matter. ItIs Hereby Ordered: 1) The May 24,2012 Pre-Hearing Status Conference, set for 1:30pm-2:30pm EST, is cancelled. 2) The Hearing set on June 20, 2012 and June 21, 2012 in the St. Thomas, Virgin Island area is cancelled. 3) Pursuantto 14 C.F.R. §13.215, theComplainant, the Federal Aviation Administration (FAA), has Withdrawn its Complaint dated September 20, 2011, and this proceeding is dismissed with prejudice.

Attachment: Service List

### SERVICE LIST- BY U.S. MAIL

Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 

### ORIGINAL & 

### ONE COPY

Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W10001 

### ONE COPY Kathleen A. Yodice, Respondent's Counsel 411 Aviation Way Suite 245 Frederick, MD 21701 TEL: 301-695-2300 FAX: 301-695-2151 JayS. Lammering, Director ofMaintenance Island Bird Inc., Respondent 8109 Lindbergh Drive NorthRamp Cyril E. King Airport St. Thomas, VI 00802 Ryan M. Landers, Complainant's Counsel Office ofthe Regional Counsel, AS0-7 Southern Region P.O. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAX: 404-305-5223 The Honorable J.E. Sullivan,AdministrativeLawJudge U.S. Department ofTransportation Office ofHearings, M-20 1200 NewJersey Avenue, S.E. Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 FDMS NO. FAA-2011-1008 (Civil PenaltyAction)

1 For service in person orby expedited courier, use the following address: FederalAviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

I, LeMoyne T. Zacherl, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of Learning Tree International, Inc. on Form 10-K for the period ended September 29, 2006 fully complies with the requirements of Section 13(a) of 15(d) of the
Securities Exchange Act of 1934 and that the information contained in such Form 10-K fairly presents in all material respects the financial condition and results of the operations of Learning Tree International, Inc.



|                     |  |        |  |                        
|-------------------- |  | ------ |  | -----------------------
|Date: April 30, 2007 |  | By:    |  | /s/ LEMOYNE T. ZACHERL 
|                     |  | Name:  |  | LeMoyne T. Zacherl     
|                     |  | Title: |  | Chief Financial Officer

A signed original of this written statement required by Section 906 has been provided to the Company and will
be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-46,642-02

EX PARTE DENNIS DEWAYNE PAIGE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. A150418AR IN THE 128TH DISTRICT COURT

FROM ORANGE COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of burglary of a

building and sentenced to sixteen months in state jail. He did not appeal his conviction.

Applicant contends that his plea was involuntary because counsel did not explain that

pleading open meant Applicant was pleading guilty. Applicant also alleges that he suffered a stroke

and did not understand the plea proceedings. 

Applicant has alleged facts that, if true, might entitle him to relief. In these circumstances,

additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim.
2

App. 1960), the trial court is the appropriate forum for findings of fact. The trial court shall order

trial counsel to respond to Applicant’s claims of ineffective assistance of counsel and involuntary

plea. The trial court may use any means set out in TEX. CODE CRIM. PROC. art. 11.07, § 3(d). 

If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent. 

If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an

attorney to represent Applicant at the hearing. TEX. CODE CRIM. PROC. art. 26.04. 

The trial court shall make findings of fact and conclusions of law in regard to Applicant’s

claim that his plea was involuntary. The trial court shall make findings as to whether the

performance of Applicant’s attorney was deficient and, if so, whether counsel’s deficient

performance prejudiced Applicant. The trial court shall also make any other findings of fact and

conclusions of law that it deems relevant and appropriate to the disposition of Applicant’s claim for

habeas corpus relief.

This application will be held in abeyance until the trial court has resolved the fact issues. The

issues shall be resolved within 90 days of this order. A supplemental transcript containing all

affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or

deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall

be forwarded to this Court within 120 days of the date of this order. Any extensions of time must

be requested by the trial court and shall be obtained from this Court.

Filed: December 7, 2016

Do not publish
<PAGE>

                                                                    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 Annual Report of Pyramid Breweries Inc. (the "Company")
on Form 10-K/A for the period ended December 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, James
K. Hilger, Chief Financial Officer of the Company, certify, 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 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.

Date: December 10, 2004

/s/ James K. Hilger
_______________________

James K. Hilger
Vice-President and Chief Financial Officer
EXHIBIT 31.1

CERTIFICATION

I, Jon A. DeLuca, certify that:

1. I have reviewed this annual report on Form 10-K/A of FiberNet Telecom Group, Inc.;

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

3. [intentionally omitted];

4. The registrants other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rule 13a-15(f) and 15d-15(f)) for the registrant and
we have:

a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be
designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this annual report
is being prepared;

b) designed such internal control over financing reporting, or caused such internal control over
financial to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposed in accordance with generally accepted accounting
principles;

c) evaluated the effectiveness of the registrants disclosure controls and procedures and presented in
this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

d) disclosed in this report any change in the registrants internal control over financial reporting that occurred during the
registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of its annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over
financial reporting; and

5. The registrants other certifying officers and I have disclosed, based on our most recent evaluation, to
the registrants auditors and the audit committee of the registrants board of directors:

a) all significant
deficiencies and material weaknesses in the design or operation of internal controls over financial reporting that are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial
information; and

b) any fraud, whether or not material, that involves management or other employees who have a significant
role in the registrants internal controls over financial reporting.

Date: January 8, 2009



/s/    JON A.
DELUCAJon A. DeLuca President and Chief Executive Officer (Principal Executive Officer)
**EXHIBIT 23.2**

 

Consent of Independent Registered Public Accounting Firm 

 

We consent to the incorporation by reference in the Registration Statements (Nos. 333-36779, 333-43159, and 333-43181) on Form S-8 ofSPACEHAB, Incorporated and subsidiaries of our reports dated August 20, 2003, with respect to the consolidated financial statements of SPACEHAB, Incorporated and subsidiaries, included in the Annual Report (Form 10-K) for the year ended June 30,2004. 

 

/s/ Ernst & Young LLP 

 

McLean, Virginia 

September 27, 2004
EXHIBIT 31.2

CERTIFICATION PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I,
Richard J. Gaynor, certify that:

1.     I
have reviewed this Quarterly Report on Form 10-Q of Sonus Networks, Inc.;

2.     Based
on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3.     Based
on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4.     The
registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:



5.     The
registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's
auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions):



Date:
November 9, 2007

| | /s/ Richard J. GaynorRichard J. Gaynor
Chief Financial Officer
(Principal Financial Officer)
| | --------------------------------------------------------------------------------------------

---



QuickLinks
EXHIBIT 99.1




                            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 Quarterly Report of American Machine, Inc. on Form 10-QSB
for the period ending June 30, 2002, as filed with the  Securities  and Exchange
Commission  on the date  hereof  (the  "Report"),  I,  Daniel L.  Hodges,  Chief
Executive Officer of the Company,  certify,  pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002, that, to
the best of my knowledge and belief:

         (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/ Daniel L. Hodges
Daniel L. Hodges
Chief Executive Officer
February 13, 2003
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We have issued our report dated September 8, 2005,
accompanying the consolidated financial statements included in the Form 10-K/A for the year ended June 30, 2005. We hereby consent to the incorporation by reference of said report in the Registration Statements of SPACEHAB, Incorporated on
Forms S-8 (File No. 333-36779, effective November 3, 1997, File No. 333-43159, effective December 24, 1997, and File No. 333-43181, effective December 24, 1997) and Form S-4 (File No. No. 333-126772, effective
September 6, 2005).



|                      
|----------------------
|                      
|/s/ GRANT THORNTON LLP
|Houston, Texas        
|June 9, 2006
Applebee's Non-Business Use of
                               Corporate Aircraft
                                     Policy

                             Effective March 1, 2007

Utilizing  corporate  aircraft can be an efficient and effective  business tool.
Applebee's may, from time to time,  employ  corporate  aircraft for the business
use of our  associates.  Business  use is defined  as that  travel  which  would
otherwise be fully  reimbursable by the company to the associate if taken aboard
commercial aircraft in accordance with our business travel policy.

Applebee's is a  family-oriented  company and many of our associate,  franchise,
and  community  events  reflect  this.  Where  attendance of spouse or immediate
family  members  at an event  is:  1)  requested  by the  company  and 2) travel
expenses to this event would be otherwise  reimbursable by the company under our
business  travel  policy,  then use of the corporate  aircraft is an appropriate
business use.

Non-business travel aboard corporate aircraft is not permitted,  except in cases
of medical  emergency  or other  extreme  hardships  where the  availability  of
flights,  security  procedures,   medical  limitations,   or  other  aspects  of
commercial air travel would be prohibitive. In those limited situations:

o    For the CEO, any non-business use of corporate aircraft as outlined in this
     policy must be approved in advance by the Executive Compensation Committee,
     and no gross up of taxes on imputed  income derived from the travel will be
     permitted.

o    For all other associates,  non-business  travel and  interpretation of this
     policy is at the judgment of the CEO with regard to both approval of travel
     and potential  gross up of taxes. In making these  decisions,  the CEO will
     consider such factors as the associate's  reasonable  access to alternative
     modes of travel,  the  seriousness of the  situation,  and the financial or
     other resources available to the associate.

This policy  supersedes  all  previous  corporate  aircraft  use  policies.  Our
non-executive  chairman  and board  members are not eligible for personal use of
corporate aircraft.
EXHIBIT 23.1

                       Consent of Independent Accountants

      We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (File Nos. 333-15187 and 333-56189) and the Prospectuses
constituting part of the Registration Statements on Form S-3 (File Nos.
333-44881 and 333-69067) of our report dated February 22, 2000, which appears on
page 46 of Triangle Pharmaceuticals, Inc.'s Annual Report on Form 10-K for the
year ended December 31, 1999.


/s/ PricewaterhouseCoopers LLP

Raleigh, North Carolina
March 24, 2000
<PAGE>   1
                                                                    EXHIBIT 3.10

                            CERTIFICATE OF AMENDMENT
                                     OF THE
                          CERTIFICATE OF INCORPORATION
                                       OF
                          SWISSRAY INTERNATIONAL, INC.

                            Under Section 805 of the
                            Business Corporation Law


         The undersigned, being the President and Secretary of SWISSRAY
International, Inc. hereby certifies that:

         (1) The name of the corporation is: SWISSRAY International, Inc.

         (2) The certificate of incorporation of the corporation was filed with
the Department of State on January 2, 1968 under the original name CGS Units
Incorporated.

         (3) Article "4.0" of the certificate of incorporation is to be amended
to delete the 4,000 Shares of Series A Convertible Preferred Stock, par value
$.01 per share and said Article shall read as follows:

                  "4.0 The total number of shares of Common Stock which the
                  corporation shall have authority to issue is 15,000,000 shares
                  all of which shall be Common Stock, par value $.01 per share
                  without cumulative voting rights and without any preemptive
                  rights."

                  In addition Articles 4.1 and 4.2 which heretofore made
                  reference to Preferred Stock shall be and hereby is deleted in
                  its entirety as shall any and all reference to Preferred Stock
                  as heretofore appeared in Article 4.0.

         (4) In the event that any of the foregoing amendment to the Certificate
of Incorporation conflicts in any manner whatsoever with previous and existing
Articles in the Certificate of Incorporation, the Certificate shall be governed
by the last amendment as filed.

         (5) The balance of the original certificate of incorporation shall
remain in full force and unchanged.

         (6) This amendment to the certificate of incorporation was authorized
first by the board of directors followed by the affirmative vote of stockholders
owning the necessary number of all outstanding shares entitled to vote thereon.
<PAGE>   2
         IN WITNESS WHEREOF, this certificate has been subscribed December 13,
1996 by the undersigned who affirms that the statements made herein are true
under the penalties of perjury.

                                                              /Ruedi G. Laupper/
                                                     ---------------------------
                                                     Ruedi G. Laupper, President

                                                                 /Josef Laupper/
                                                     ---------------------------
                                                     Josef Laupper, Secretary
Exhibit 32.1

                    Certification of Chief Executive Officer
            Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

C.W. Gilluly, Chief Executive Officer of AMASYS Corporation (the "Company")
certifies in his capacity as an officer of the Company that he has reviewed the
Annual Report of the Company on Form 10-KSB for year ended June 30, 2004 and
that to the best of his or her knowledge:

     1.   the report fully complies with the requirements of Sections 13(a) and
          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 Company.

The purpose of this statement is solely to comply with Title 18, Chapter 63,
Section 1350 of the United States code, as amended by Section 906 of the
Sarbanes-Oxley Act of 2002.

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



October 7, 2004                                      /s/ C.W. Gilluly, Ed.D.
                                                     ---------------------------
                                                     C.W. Gilluly, Ed.D. Chief
                                                     Executive Officer
Exhibit 23.7






                   CONSENT OF INDEPENDENT PETROLEUM ENGINEERS

     James J. Weisman, Jr. hereby consents to the use of its oil and
gas reserve reports in the Form S-4  Registration  Statement (the  "Registration
Statemen")  to  be  filed  with  the  Securities  and  Exchange   Commission  on
approximately  July 11, 1997 by Magnum  Hunter  Resoures,  Inc.,  Magnum  Hunter
Production,  Inc.,  Hunter Gas Gathering,  Inc., Gruy Petroleum  Management Co.,
Conmag Energy  Corporation and Rampart  Petroleum, Inc. and to the references to
him under the captions "Business and Properties" and
"Experts" in the Registration Statement.


                                             


                                         /s/ James J. Weisman, Jr.
                                        ----------------------------------
                                        James Weisman, Jr., Authorized Officer  

October 16, 1997
ex10_2.htm




Exhibit 10.2


 


2013 Summary of Executive Cash Compensation


 and Award Targets Under the Annual Incentive Plan







The following table sets forth the current base salaries provided for the Company’s CEO, CFO and three most highly compensated executive officers.  Salary increases are determined annually in March and effective April 1, 2013:








	
Executive Officers

	
Current Salary


	
 

	
 


	
Francis Malecha

	
$725,000


	
Rodney Underdown

	
$412,000


	
Gerald Bucan

	
$318,711


	
Keith Clark

	
$364,827


	
David Goadby

	
 £211,932*







 


* Salary is denominated in pounds, so U.S. dollar equivalent may vary.







Executive officers are also eligible to receive a bonus each year under the Company’s Annual Incentive Plan.  The target percentages (based on percentage of salary) under this plan for the Company’s CEO, CFO and three most highly compensated executive officers are as shown in the following table.








	
Executive Officers

	
Target Percentage


	
 

	
 


	
Francis Malecha

	
100%


	
Rodney Underdown

	
55%


	
Gerald Bucan

	
55%


	
Keith Clark

	
55%


	
David Goadby

	
50%