alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### NUMBER 13

- 1 7

- 00 655

- C V



### COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

- EDINBURG

TEXAS POLITICAL SUBD IVISIONS

PROPERTY/CASUALTY JO INT SELF

INSURANCE FUND

, Appellant,

v.

PHARR SAN JUAN ALAMO ISD

, Appellee.

On appeal from the County Court at Law No. 4

of Hidalgo County, Texas.



### O R D E R

Before Chief Justice Contreras and Justices Longoria and Perkes

Order Per Curiam

This cause is before the Court on the appellate record and briefs. The R eporter’s

R ecord V olume 3

, Plaintiff’s Exhibit 16 pages 154

- 157 contains “Copy Colored

Photograph of E

- ZGo Cart

. ” The three photo copies are black and white and poor

quality.2

The coun t y clerk is hereby ORDERED to forward the original Plaintiff’s Exhibit 16

“ Copy Colored Photograph of E

- ZGo Cart” to this Court within fifteen days from the date

of this order.

PER CURIAM

D elivered and filed t he

30th day of May , 20 1 9

.
Hello there, 

My name is Antony V. López, 

I am an Undergrad at Georgetown University in Washington DC. I grew up and graduated from Avenal. 

I am majoring in Environmental Biology and minoring in Culture & Politics. 

The recent decision to grandfather the proposed Avenal Power Plant to old standards is simply 

unacceptable. Obviously new standards are passed to better accommodate findings and new 

understanding of the environment. 

I do not need my studies or logic to explain how horrible it will be to allow any sort of contamination to 

reach my people in Avenal. 

To cut to the chase. Regardless of whatever kick-backs or threats the Avenal power plan group is 

issuing, EPA must live up to its moral standards and stand up for what is best for the people and the 

earth. Its in the best interest of everyone to update all plans to the most current rules and regulations. 

Ensure the longevity of the power plant and the people around it! 

It's a no-brainer. Do the right thing. 

Feel good about yourself. 

-Antony V. López 

Georgetown SFS 

Avenal Power Plant (Must be held to CURRENT STANDARDS)

Antony Lopez 

to: 

R9AirPermits 

04/12/2011 11:05 PM 

Hide Details 

From: Antony Lopez 

To: R9AirPermits@EPA 

History: This message has been forwarded. 

Page 1 of 1

4/14/2011
IN THE SUPREME COURT OF THE STATE OF MONTANA No. 23 - 0731 STATE OF MONTANA,

Plaintiff and Appellee, v. BILLY JOE ROGERS,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including April 29 , 202 4 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

March 19 2024

03/19/2024
Case Number: DA 23-0731
<PAGE>

                                                                     Exhibit 21

        Globix Corporation and Subsidiaries (Domestic & International)

<TABLE>
<CAPTION>
           Entity Name            Jurisdiction
           -----------            ------------
<S>                               <C>

ATC Merger Corporation            New York

Bluestreak Digital, Inc.          New York

Gamenet Corporation               New York

NAFT Computer Service Corporation New York

NAFT International Ltd.           New York

PFM Communications Inc.           New York

GRE Consulting, Inc.              New York

415 Greenwich GC, LLC             New York

415 Greenwich GC Tenant, LLC      New York

415 Greenwich GC MM, LLC          New York

Comstar.net, inc.                 Georgia

Comstar Telecom & Wireless, Inc.  Georgia

Globix Holdings (UK) Limited      England

Globix Limited                    England

GLX Leasing Limited               England

Globix Denmark ApS                Denmark

Globix (Netherlands) BV           Netherlands

Globix Internet Services GmbH     Austria

Globix SpA                        Italy

Globix GmbH                       Germany

Globix Aktiebolag                 Sweden

Globix Internet S.A.              Spain

Globix SAS                        France
</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-2083

EVA M. WRIGHT, Widow of Clarence M. Wright,

Petitioner,

versus

DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; SEA

“B” MINING COMPANY,

Respondents.

On Petition for Review of an Order of the Benefits Review Board.

(99-976-BLA, 99-176-BLA)

Submitted: February 20, 2001 Decided: June 18, 2001

Before WIDENER, WILKINS, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Eva Wright, Petitioner Pro Se. Christian P. Barber, Sarah Marie

Hurley, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.;

Timothy Ward Gresham, PENN, STUART & ESKRIDGE, Abingdon, Virginia,

for Respondents.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Eva Wright seeks review of the Benefits Review Board’s decision and order affirming the administrative law judge’s denial of

black lung benefits pursuant to 30 U.S.C.A. §§ 901-945 (West 1986

& Supp. 2000). Our review of the record discloses that the Board’s

decision is based upon substantial evidence and is without reversible error. Accordingly, we affirm on the reasoning of the Board.

See Wright v. DOWCP, Nos. 99-976-BLA; 99-176-BLA. We dispense with

oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would

not aid the decisional process.

AFFIRMED
#### People v Mattison,

No. 90831;

Court of Appeals No. 111820.
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 11-2520

___________ Minor Lee McNeil, * * Appellant, * * Appeal from the United States v. * Tax Court. * Commissioner of Internal Revenue, * [UNPUBLISHED] * Appellee. *

___________ Submitted: January 4, 2012 Filed: January 10, 2012

___________ Before WOLLMAN, SMITH, and GRUENDER Circuit Judges.

___________ PER CURIAM. Minor McNeil challenge s the tax court’s 1 decisions upholding determinations by the Commissioner of Internal Revenue that he was liable for defi ciencies in income taxes, additions to tax, and penalties for filing frivolous tax returns for the 2006 and 2007 tax years. Having carefully reviewed the record and the parties’ arguments on appeal, seeCampbell v. Comm’r , 164 F.3d 1140, 1142 (8th Cir. 1999) (tax court’s findings of fact are reviewed for clear erro r, and its legal conclu sions are reviewed de novo), we agree with the tax court’s deci sions and find no basi s for reversal, seePage v. Comm’r , 823 F.2d 1263, 1272 (8th Cir. 1987) (C ommissioner’s additions to tax

1 The Honorable David Laro, United States Tax Court Judge.was entitled to presumption of correctne ss, and appellants bore burden of proving such determinations were improper); Denison v. Comm’r , 751 F.2d 241, 242 (8th Cir. 1984) (rejecting as frivolous taxpayer’s argum ents that wages were not income and that Code was unconstitutional to extent it imposed tax on income from services); cf. United States v. Marston , 517 F.3d 996, 1001 (8th Cir. 2008) (in appeal from conviction for tax evasion, noting that tax return containing only zeros and no information regarding gross income or deductions claimed, or only protest information, is not considered valid return). In addition, we conclude that the tax court did not abuse its discretion in its evidentiary rulings. See Sparkman v. Comm’r , 509 F.3d 1149, 1156 (9th Cir. 2007) (tax court’s evidentiary rulings are review ed for abuse of discretion and will not be reversed absent showing of prejudice). Accordingly, we affirm. See8th Cir. R. 47B. We also deny the pending motions.

______________________________

-2-
#### Goss *v.*State.

Opinion delivered January 28, 1905.

Instruction — repetition. — The refusal of a proper instruction was not error if the court had already given an instruction covering the same ground.

Appeal from Jefferson Circuit Court.

ANTonio B. Grace, Judge.

Affirmed.

*Robert L. Rogers, Attorney General,*for appellee.

The evidence in this case sustains the indictment for forgery and for the uttering and publishing.

*34Wood, J.

Appellant was convicted of forgery by raising a certain check. He testified that he “did not change the check in any way at any time,” and he asked the court to instruct the jury as follows:

“2. If you believe from the evidence that the figures and characters $7.70 were inserted in the check after the same left the defendant’s hands, or in other way changed after, then said check was not,the instrument of the defendant, and can not be considered as evidence against him, and you should acquit him.”

This court refused, for the reason, we presume, that it had already given the following:

“If you are not satisfied by the evidence beyond a reasonable doubt that the defendant altered the check in question, or caused it to be done before he parted with the possession of it, you should find him not guilty.”

This instruction covered the ground presented in appellant’s request, and was in accord with *McDonnell*v. State, 58 Ark. 242. The jury was otherwise fully and correctly instructed.

Judgment affirmed.
EXHIBIT 23.01

CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (No. 333-88543, 333-95713, 333-35738, 333-44768, 333-61218,
333-63900 and 333-67730) and Form S-3 (No. 333-62724) of Silicon Image, Inc. of our report dated January 24, 2002, except as to Note 11, which is as of February 26,
2002, relating to the financial statements, which appears in this Form 10-K.

/s/
PricewaterhouseCoopers LLP

PricewaterhouseCoopers
LLP
San Jose, California
March 28, 2002

---

QuickLinks
I 

111TH CONGRESS 

2D SESSION H. R. 4483 

To prohibit compensation for any officer or employee of the Federal National 

Mortgage Association or the Federal Home Loan Mortgage Corporation, 

during any conservatorship or receivership of such enterprise, in an 

amount exceeding the compensation provided to the Chairman of the 

Joint Chiefs of Staff of the Armed Forces. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 20, 2010 

Mr. ROSKAM introduced the following bill; which was referred to the 

Committee on Financial Services 

A BILL 

To prohibit compensation for any officer or employee of 

the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, during any conservatorship or receivership of such enterprise, in an 

amount exceeding the compensation provided to the 

Chairman of the Joint Chiefs of Staff of the Armed 

Forces. 

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 ‘‘Protecting Taxpayers 

5 from Excessive Compensation Act of 2010’’. 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 4483 IH

1 SEC. 2. LIMITATION ON COMPENSATION DURING CON2 SERVATORSHIP OR RECEIVERSHIP. 

3 Subsection (b) of section 1367 of the Federal Hous4 ing Enterprises Financial Safety and Soundness Act of 

5 1992 is amended by adding at the end the following new 

6 paragraph: 

7 ‘‘(20) COMPENSATION FOR ENTERPRISES.—In 

8 addition to the requirements and limitations under 

9 section 1318, the Agency, as conservator or receiver 

10 of any enterprise, shall prohibit the provision of 

11 compensation to any employee, officer, or executive 

12 officer of the enterprise, for any period during such 

13 conservatorship or receivership, in an amount ex14 ceeding the rate of basic pay at such time for the 

15 Chairman of the Joint Chiefs of Staff of the Armed 

16 Forces.’’. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT GILB ER TO G. M UÑOZ, Plaintiff - Appe lla nt, v. SOC IAL SEC UR ITY ADM INISTR

ATION; C AR OLYN W . C OLVIN, Ac ting C om

m i ssione r of SSA, De fe nda

nts - Appe lle e s. No. 13-55903 D.C . No. 3:10-c v-01003-M M ANLS M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Southe rn Distric t of C a lifornia M ic ha e l M . Ane llo, Distric t Judge , Pre siding Subm itte d

M ay 24, 2016 ** B e fore : REINHAR

DT, W . FLETC HER , a

nd M UR GUIA, C irc uit Judge s. Gilbe rto G. M uñoza

ppe a ls pro se from

the distric t c ourt’ s judgm e nt in his a c tion unde r the R e ha

bilita tion Ac t of 1973, 29 U.S.C . §§ 701 e t se q. , a lle ging re ta lia tory firing. W e have jurisdic tion unde r 28 U.S.C . § 1291. W e re v i e w de 

# FIL ED JUN 06 2016 M OLLY C. DW Y ER, CLERK U . S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).novo a

distric t c ourt’ s ruling on c ross-m otions for sum m ary judgm e nt. Ford v . C ity of Yak ima , 706 F.3d 1188, 1192 (9th C ir. 2013). W e a ffirm . The distric t c ourt prope rly grante d sum

m a ry judgm e nt for de fe nda

nts be c a use M uñozfa ile d to ra i se a ge nuine dispute of m ate ria l fa c t a s to whe t he r de fe nda nts’ le gitim ate re a son for firing him wa s pre t e xtua l. Se eC

oons v . Se c ’yof U.S. De p’t of Tre a sury , 383 F.3d 879, 887-88 (9th C ir. 2004) (se tting forth burden shifting te st for e va luating a re ta lia tion c la im unde r the R e ha

bilita tion Ac t). M uñoz ’ s re que sts for judic ia l notic e , se t forth in his re ply brie f, are de nie d

a s unne c e ssa

ry . W e do not c onside r m atte rs not spe c ific a lly an d distinc tly

ra i se d a nd a rgue d in the ope ning brie f. Se ePadge tt v . W right , 587 F.3d 983, 985 n.2 (9th C ir. 2009). AFFIRM E D.

1 3 - 5 5 9 0 3 2
I 

111TH CONGRESS 

2D SESSION H. R. 4577 

To direct the President, acting through the National Disaster Medical System, 

to reimburse States for expenses incurred in providing treatment for 

health conditions and illnesses resulting, directly or indirectly, from the 

earthquake in Haiti on January 12, 2010. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 3, 2010 

Ms. CORRINE BROWN of Florida introduced the following bill; which was 

referred to the Committee on Energy and Commerce 

A BILL 

To direct the President, acting through the National Disaster 

Medical System, to reimburse States for expenses incurred in providing treatment for health conditions and 

illnesses resulting, directly or indirectly, from the earthquake in Haiti on January 12, 2010. 

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 ‘‘Emergency Health 

5 Services for Haitian Earthquake Victims Act of 2010’’. 


dcolon on DSK2BSOYB1PROD with BILLS
2 

•HR 4577 IH

1 SEC. 2. HEALTH SERVICES PROVIDED TO HAITIAN EARTH2 QUAKE VICTIMS. 

3 The President, acting through the National Disaster 

4 Medical System, shall make payments to reimburse States 

5 for expenses incurred in providing treatment for health 

6 conditions and illnesses resulting, directly or indirectly, 

7 from the earthquake in Haiti on January 12, 2010. 

Æ 


dcolon on DSK2BSOYB1PROD with BILLS
1 

### Troutman, Jake (FAA)

From: Troutman, Jake (FAA)

Sent: Tuesday, August 04, 2015 12:17 PM

To: 'delapenaa31@yahoo.com'

Cc: Pappas, Rob (FAA)

Subject: Request for Additional Information - Peace of Thorn Productions LLC

Dear Mr. De La Pena:

This letter is to inform you that the following information is missing from your petition (Docket No. FAA

‐ 2015

‐ 2184). This information is necessary for the Federal Aviation Administration (FAA) to process your petition.

• Provide a copy of the Motion Picture and Television Operations Manual (MPTOM) which is required by Order

8900.1, Volume 3, Chapter 8, Section 1. If you wish for us to proceed without this manual and remove closed set filming

from your proposed operation please inform of us of your intention by the requested response date listed below.

Please submit the additional information (non proprietary) to your docket at www.regulations.gov and submit any

proprietary information to the FAA Headquarters or electronically via email to 333exemptions@faa.gov

. If you want us

to process your request any further, we must receive the information described above by 8/19/2015. If we do not

receive the information, we will close the docket without notifying you further.

If you have any questions, please feel free to contact me at (202) 267

‐ 9521.

Sincerely,

Jake J Troutman

Program Analyst | Rulemaking

FAA Office of Aviation Safety

Airmen and Airspace Rules Division

202

‐ 267

‐ 9521
From: Crawford, Jeff S [ mailto:Jeff.S.Crawford@maine.gov ]

Sent: Thursday, October 03, 2013 9:00 AM

To: Arnold, Anne

Cc: Aho, Patricia; Cone, Marc A; Downs, Tom

Subject: Docket Identification Number EPA

- RO1

- OAR

- 2012

- 0895

Anne:

I am pleased to provide additional technical information in support of Maine’s section 182(f)

NOx waiver and OTR restructuring requests. The attached technical support document provides

wind direction frequencies for periods when the hourly ozone levels were greater than 59 ppb

at two coastal and two inland monitoring sites, and 36

- hour back trajectories for every ozone

m onitoring site in M aine. These analyses provide additional evidence that ozone levels above

75 ppb in Maine are coastal events, and solely the result of transport.

If you should have any questions, please feel free to contact me at (207) 287

- 7647.)

Jeff Crawford

Attached files:

Coveradditionaltechnical.pdf

WDF and Trajectories of Ozone Events with NOX.ppts
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

1

IN THE MATTER OF: 1

i CASE No.

THE SEARCH AND SEIZURE 1

WARRANTS, APPLICATIONS, PEN j CHIEF MAGISTRATE JUDGE

REGISTERS, AND NON- \ ELIZABETH A. PRESTON-DEAVERS

DISCLOSURE ORDERS IN THE |

CASES LISTED IN ATTACHMENT |

A

FILED UNDER SEAL

ORDER TO UNSEAL

Upon the Motion ofthe United States Attorney and for good cause shown, it is

ORDERED that the Search and Seizure Warrants, Applications, Pen Registers, and NonDisclosure Orders and related documents in the cases listed in Attachment A in the above-entitled

matter, be unsealed.

Case: 2:18-mj-00017-CMV Doc #: 15 Filed: 01/29/20 Page: 1 of 2 PAGEID #: 49
ATTACHMENT A:

2:17-l\/lJ-434 2:18-MJ-007 2:18-MJ-756 2:19-MJ-001 2:19-MJ-471

2:17-MJ-585 2;18-MJ-8 2:18-MJ-840 2;19-MJ-45 2:19-MJ-481

2;17-MJ-586 2:18-MJ-9 2:19-MJ-121 2:19-MJ-498

2:17-MJ-587 2:18-MJ-10 2:19-MJ-122 2:19-MJ-510

2:17-MJ-588 2:18-MJ-17 2:19-MJ-127 2:19-MJ-512

2:17-MJ-589 2;18-MJ-51 2:19-MJ-153 2:19-MJ-527

2:17-MJ-617 2:18-MJ-61 2:19-MJ-174 2:19-MJ-528

2:17-MJ-644 2:18-MJ-92 2:19-MJ-175 2:19-MJ-553

2:17-MJ-676 2:lS-MJ-205 2:19-MJ -191 2:19-MJ-560

2:17-MJ-677 2:18-MJ-213 2:19-MJ-255 2;19-MJ-561

2:17-MJ-678 2:18-MJ-232 2:19-MJ-265 2:19-MJ-562

2:17-MJ-679 2:18-MJ-326 2:19-MJ-266 2;19-MJ-563

2:17-MJ-696 2;18-MJ-355 2:19-MJ-272 2:19-MJ-564

2:17-MJ-713 2:18-MJ-379 2:19-MJ-273 2:19-MJ-570

2;17-MJ-714 2:18-MJ-397 2:19-MJ-276

2;17-MJ-715 2:18-MJ-398 2:19-MJ-290

2;17-MJ-747 2:18-MJ-404 2:19-MJ-291

2;17-MJ-758 2:18-MJ-411 2:19-MJ-320

2;17-MJ-759 2:18-MJ-429 2:19-MJ-348

2:17-MJ-761 2:18-MJ-434 2:19-MJ-349

2:17-MJ-762 2:18-MJ-460 2:19-MJ-379

2:17-MJ-782 2:18-MJ-498 2:19-MJ-414

2:17-MJ-791 2:18-MJ-512

2:18-MJ-515

2:18-MJ-532

2:19-MJ-460

Case: 2:18-mj-00017-CMV Doc #: 15 Filed: 01/29/20 Page: 2 of 2 PAGEID #: 50
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

JOHN JUNIOR TAYLOR,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 544 MAL 2017

Petition for Allowance of Appeal from

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 31st day of January, 2018

, the Petition for Allowance of Appeal

is DENIED

.
EXHIBIT 32.1

                  CERTIFICATION BY THE CHIEF EXECUTIVE 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 on Form 10-QSB of Syndication Net.com,
Inc. (the "Company") for the period ended June 30, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, Brian Sorrentino, President and Chief Executive Officer of the
Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, 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 results of operations of the Company.





Dated:   August 16, 2005

                                        /s/ Brian Sorrentino
                                        -----------------------
                                        Brian Sorrentino
                                        Chief Executive Officer
IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION AT DAYTON

MICHAEL E, McGLOTHIN, :

 : Case No. 3:18-cv-00052 

 Plaintiff, : 

 : District Judge Thomas M. Rose 

vs. : Magistrate Judge Sharon L. Ovington 

 : 

COMMISSIONER OF THE SOCIAL : DECISION AND ENTRY 

SECURITY ADMINISTRATION : 

 :

 Defendant. :

 The Court has conducted a de novo review of the Report and Recommendations of 

United States Magistrate Judge Sharon L. Ovington (Doc. #15), to whom this case was 

originally referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been 

filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has 

expired, hereby ADOPTS said Report and Recommendations. 

 It is therefore ORDERED that: 

1. The Report and Recommendations docketed on April 30, 2019 (Doc. #15) is 

ADOPTED in full; 

2. The Commissioner’s non-disability finding is vacated; 

 

3. No finding is made as to whether Plaintiff Michael E. McGlothin was under a 

“disability” within the meaning of the Social Security Act; 

4. This case is remanded to the Social Security Administration under sentence 4 of 42 

U.S.C. § 405(g) for further consideration consistent with the Report and 

Recommendations and this Decision and Entry; and 

5. The case is terminated on the Court’s docket. 

5/21/2019 *s/Thomas M. Rose 

 

 Thomas M. Rose 

 United States District Judge
Exhibit 99.5


                            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 filing of the Annual Report of Headwaters Incorporated
(the "Company") on Form 10-K for the year ended September 30, 2002 (the
"Report"), I, Kirk A. Benson, Chief Executive Officer 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:

         (i)      The Report fully complies with the requirements of section
                  13(a) of the Securities Exchange Act of 1934; and

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

/s/ Kirk A. Benson
-------------------------
Kirk A. Benson
Chief Executive Officer
December 23, 2002