alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Citibank, N.A., Appellant, v 666 Fifth Avenue Limited Partnership, Respondent.

[769 NYS2d 268]

Judgment, Supreme Court, New York County (Edward Lehner, J), entered December 4, 2002, after a nonjury trial, dismissing the complaint in this breach of contract action, unanimously affirmed, with costs.

The lease provisions at issue, respecting the effect of real estate tax decreases on the rent paid by plaintiff lessee to defendant landlord, were properly found ambiguous *(see Executive Off. Network v 666 Fifth Ave. Ltd. Partnership,*294 AD2d 166 [2002]). The ambiguities are not, however, to be construed against defendant by reason of its having drafted the initial version of the leases, since the lease agreements ultimately entered into resulted from extensive negotiations in which both parties, each a commercially sophisticated entity, were represented by counsel, and plaintiff failed to show that it “had no voice in the selection of [the leases’] language” *(67 Wall St. Co. v Franklin Natl. Bank,*37 NY2d 245, 249 [1975]).

The evidence, fairly interpreted *(see Ventricelli v DeGennaro,*221 AD2d 231, 232 [1995], *lv denied*87 NY2d 808 [1996]), permitted the trial court to conclude that the term “decrease” in article 27 (B) (1) of the leases referred to a decrease in an escalation above the original fixed rent and, accordingly, that the leases did not contemplate a reduction in the original fixed rent. This reading was consistent with article 27 (C) (5) of the leases, the evidence of the relevant custom in the real estate industry, and the testimony of the main negotiator for defendant. We reject plaintiffs contentions that the trial court’s interpretation failed to give effect to the words “increase or decrease” and improperly rewrote the parties’ contract.

We also reject plaintiffs argument that its behavior after the execution of the leases was insufficiently uniform and knowing *332to constitute a course of conduct. The evidence established that, well before 1999, plaintiff was aware that the real estate taxes on the building had decreased below Base Taxes (i.e., the real estate taxes for 1990-1991); nevertheless, plaintiff did not claim that its rent should be reduced below the original Fixed Rent because of the tax decrease. In view of the ambiguity of the governing lease provisions particularly, the trial court appropriately relied on the parties’ course of conduct to determine their intent (see *e.g. Federal Ins. Co. v Americas Ins. Co.,*258 AD2d 39, 44 [1999]).

We have considered plaintiffs remaining arguments and find them unavailing. Concur—Nardelli, J.P., Saxe, Rosenberger and Williams, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               JUN-30-1997
<EXCHANGE-RATE>                                      1
<CASH>                                           3,888
<SECURITIES>                                         0
<RECEIVABLES>                                    9,295
<ALLOWANCES>                                       106
<INVENTORY>                                      9,666
<CURRENT-ASSETS>                                53,646
<PP&E>                                          61,600
<DEPRECIATION>                                  35,481
<TOTAL-ASSETS>                                  82,034
<CURRENT-LIABILITIES>                           18,289
<BONDS>                                         16,640
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           805
<OTHER-SE>                                      44,741
<TOTAL-LIABILITY-AND-EQUITY>                    82,034
<SALES>                                         72,550
<TOTAL-REVENUES>                                72,550
<CGS>                                           63,175
<TOTAL-COSTS>                                   63,175
<OTHER-EXPENSES>                                   731
<LOSS-PROVISION>                                  (29)
<INTEREST-EXPENSE>                               1,541
<INCOME-PRETAX>                                (4,656)
<INCOME-TAX>                                      (72)
<INCOME-CONTINUING>                            (4,584)
<DISCONTINUED>                                 (3,951)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (8,535)
<EPS-PRIMARY>                                   (1.07)
<EPS-DILUTED>                                   (1.07)
        

</TABLE>
No. 10-7653.

#### Michael Steven Ratley, Petitioner v. Florida.

562 U.S. 1188, 131 S. Ct. 1019,

178 L. Ed. 2d 844,

2011 U.S. LEXIS 903.

January 18, 2011.

Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied.

Same case below, 41 So. 3d 897.
No. 10-5161.

#### Paul W. Merritt, Petitioner v. Walter A. McNeil, Secretary, Florida Department of Corrections, et al.

562 U.S. 1172, 131 S. Ct. 983,

178 L. Ed. 2d 811,

2011 U.S. LEXIS 510.

January 10, 2011.

Petition for rehearing denied.

*812Former decision, 562 U.S. 907, 131 S. Ct. 252, 178 L. Ed. 2d 167, 2010 U.S. LEXIS 6868.
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

April 28, 2008 Clifford W. Taylor,

 Chief Justice 

135701 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 135701 

 COA: 282039 

Branch CC: 2007-048753-FC 

STEVEN DUANE DENT,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the January 4, 2008 order 

of the Court of Appeals is considered, and it is DENIED, because we are not persuaded 

that the questions presented should now be reviewed by this Court. 

CORRIGAN, J., not participating for the reasons stated in People v Parsons, order 

of the Supreme Court, entered March 6, 2007 (Docket No. 132975). 

s0421 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

April 28, 2008 

 Clerk
#### *State, Respondent, v. Quintero Cisneros, Petitioner,*

No. 90320-4.

Petition for review of a decision of the Court of Appeals, No. 69824-9-1, May 12, 2014, 181 Wn. App. 1006. *Granted*and *remanded*to the Court of Appeals November 4, 2015.
No. 10-504.

#### Joginder Singh, Petitioner v. Eric H. Holder, Jr., Attorney General.

562 U.S. 1109, 131 S. Ct. 829,

178 L. Ed. 2d 558,

2010 U.S. LEXIS 9718.

December 13, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 372 Fed. Appx. 818.
No. 10-659.

#### Colegio de Abogados de Puerto Rico, Petitioner v. Herbert W. Brown, et al.

562 U.S. 1200, 131 S. Ct. 1046,

178 L. Ed. 2d 865,

2011 U.S. LEXIS 1021.

January 24, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

Same case below, 613 F.3d 44.
Final - January 11, 2022

Dr. Grace Lee (ACIP Chair)

Dr. Melinda Wharton (ACIP Executive Secretary, CDC)

10:20 Cholera Vaccine 

Introduction 

Vaxchora pediatric dose development

EtR: CVD 103-HgR among children and adolescents 2-17 years old

Dr. Pablo Sanchez (ACIP, WG Chair)

Dr. James McCarty (Emergent BioSolutions)

Dr. Jennifer Collins (CDC/NCEZID)

11:00 Break

11:10 Tick-borne Encephalitis Vaccine 

Introduction

Immunogenicity and safety updates 

EtR for TBE vaccine use among travelers

EtR for TBE vaccine use among laboratory workers

Dr. Kathy Poehling (ACIP, WG Chair)

Dr. Susan Hills (CDC/NCEZID)

Dr. Susan Hills (CDC/NCEZID)

Dr. Susan Hills (CDC/NCEZID)

12:25 Break

12:35 Influenza Vaccines 

Introduction

Influenza vaccines for older adults 

Dr. Keipp Talbot (ACIP, WG Chair)

Dr. Lisa Grohskopf (CDC/NCIRD)

1:35 Break

1:45 Hepatitis Vaccines 

Introduction

Safety & immunogenicity of a 3-Antigen hepatitis B vaccine candidate

Dr. Kevin Ault (ACIP, WG Chair)

Dr. Francisco Diaz-Mitoma (VBI Vaccines Inc.)

2:25 Break

2:35 Respiratory Syncytial Virus Vaccines 

Introduction Dr. Sarah Long (ACIP, WG Chair)

2:45 Pneumococcal 

Introduction

Updates from the Pneumococcal Vaccines Work Group 

Dr. Katherine Poehling (ACIP, WG Chair)

Dr. Miwako Kobayashi (CDC/NCIRD)

3:00 Break

3:10 Public Comment

3:30 Adjourn

Acronyms

CDC

CMS Centers for Medicare and Medicaid Services 

COVID-19 Coronavirus disease 2019

EtR Evidence to Recommendations Framework

FDA Food and Drug Administration

GRADE

HRSA Health Resources and Services Administration

IHS Indian Health Service

NCHHSTP

NCIRD

NCEZID

NIAID

OIDP Office of Infectious Disease and HIV/AIDS Policy

RSV Respiratory Syncytial Virus

SARS-CoV-2 Severe Acute Respiratory Syndrome Coronavirus 2

TBE Tick-borne Encephalitis

WG Work Group

WHO World Health Organization

VE Vaccine Effectiveness

National Institute of Allergy and Infectious Diseases

Centers for Disease Control and Prevention

Grading of Recommendations Assessment, Development and Evaluation

National Center for HIV, Hepatitis, STD and TB Prevention [of CDC/DDID] 

National Center for Immunization & Respiratory Diseases [of CDC/DDID] 

National Center for Emerging and Zoonotic Diseases [of CDC/DDID]

Wednesday, January 12, 2021

10:00 Welcome & Introductions

MEETING OF THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES (ACIP)

Centers for Disease Control and Prevention

Atlanta, Georgia 30329 

January 12, 2022
2017-0503.

#### State ex rel. Hillman v. Franklin Cty. Common Pleas Adm. Judge.

In Procedendo. On S.Ct.Prac.R. 12.04 determination, cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, O’Neill, Fischer, and DeWine, JJ., concur.
No. 10-6328.

#### Vernon Lee Pugh, Petitioner v. Minnesota.

562 U.S. 1092, 131 S. Ct. 795,

2010 U.S. LEXIS 9448.

178 L. Ed. 2d 533,

December 6, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

Same case below, 380 Fed. Appx. 558.
Final- August 2, 2023 

MEETING OF THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES (ACIP) 

Centers for Disease Control and Prevention 

Atlanta, Georgia 30329 

August 3, 2023 

Thursday, August 3, 2023 

AGENDA ITEM 

11:00 Welcome and introductions 

PRESIDER/PRESENTER(s) 

Dr. Grace Lee (ACIP Chair) 

Dr. Melinda Wharton (ACIP Executive 

Secretary, CDC) 

11:15 Respiratory Syncytial Virus Vaccines - Maternal/Pediatric 

Introduction 

EtR summary for nirsevimab 

Nirsevimab implementation considerations 

Clinical considerations for nirsevimab 

Workgroup considerations / proposed recommendations 

Dr. Sarah Long (ACIP, WG Chair) 

Dr. Jefferson Jones (CDC/NCIRD) 

Dr. Georgina Peacock (CDC/NCIRD) 

Dr. Jefferson Jones (CDC/NCIRD) 

Dr. Jefferson Jones (CDC/NCIRD) 

1:25 Vaccines for Children Resolution Dr. Jeanne Santoli (CDC/NCIRD) 

1:40 Break

1:55 Public comment 

2:15 VOTES 

1st season vote 

2nd season vote 

VFC VOTE 

Dr. Jefferson Jones (CDC/NCIRD) 

Dr. Jefferson Jones (CDC/NCIRD) 

Dr. Jeanne Santoli (CDC/NCIRD) 

3:00 Adjourn 

Acronyms

CDC Centers for Disease Control and Prevention 

CMS Centers for Medicare and Medicaid Services 

COVID-19 Coronavirus disease 2019 

EtR Evidence to Recommendations Framework 

FDA Food and Drug Administration 

GRADE Grading of Recommendations Assessment, Development and Evaluation 

HRSA Health Resources and Services Administration 

IHS Indian Health Service 

NCHHSTP National Center for HIV, Hepatitis, STD and TB Prevention [of CDC/DDID] 

NCIRD National Center for Immunization & Respiratory Diseases [of CDC/DDID] 

NCEZID National Center for Emerging and Zoonotic Diseases [of CDC/DDID] 

NIAID National Institute of Allergy and Infectious Diseases 

OIDP Office of Infectious Disease and HIV/AIDS Policy 

SARS-CoV-2 Severe Acute Respiratory Syndrome Coronavirus 2 

WG Work Group 

WHO World Health Organization 

VaST COVID-19 Vaccine Safety Technical (VaST) Work Group 

VE Vaccine Effectiveness
POWER OF ATTORNEY

        KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby
   constitutes and appoints George T. Newhart her true and lawful
   attorney-in-fact and agent, with full power of substitution, for her
   and in her name, place and stead, in any and all capacities, in
   connection with the Dynamics Corporation of America Annual Report on
   Form 10-K for the year ended December 31, 1996 (the "Form 10-K")
   under the Securities Exchange Act of 1934, as amended, including,
   without limiting the generality of the foregoing, to sign the Form
   10-K in the name and on behalf of the undersigned as a director of
   the Corporation, and any amendments or supplements to the Form 10-K
   filed with the Securities and Exchange Commission and any applicable
   securities exchange or securities self-regulatory body, granting
   unto said attorney-in-fact and agent, full power and authority to do
   and perform each and every act and thing requisite and necessary to
   be done in and about the premises, as fully as to all intents and
   purposes as she might or could do in person, hereby ratifying and
   confirming all that said attorney-in-fact and agent, may lawfully do
   or cause to be done by virtue hereof.

        IN WITNESS WHEREOF, the undersigned has signed these presents this
   6th day of August, 1997.

                            /s/ Jeannine M. Davis     
                            __________________________
                            Jeannine M. Davis



                             POWER OF ATTORNEY

        KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby
   constitutes and appoints George T. Newhart his true and lawful
   attorney-in-fact and agent, with full power of substitution, for him
   and in his name, place and stead, in any and all capacities, in
   connection with the Dynamics Corporation of America Annual Report on
   Form 10-K for the year ended December 31, 1996 (the "Form 10-K")
   under the Securities Exchange Act of 1934, as amended, including,
   without limiting the generality of the foregoing, to sign the Form
   10-K in the name and on behalf of the undersigned as a director of
   the Corporation, and any amendments or supplements to the Form 10-K
   filed with the Securities and Exchange Commission and any applicable
   securities exchange or securities self-regulatory body, granting
   unto said attorney-in-fact and agent, full power and authority to do
   and perform each and every act and thing requisite and necessary to
   be done in and about the premises, as fully as to all intents and
   purposes as he might or could do in person, hereby ratifying and
   confirming all that said attorney-in-fact and agent, may lawfully do
   or cause to be done by virtue hereof.

        IN WITNESS WHEREOF, the undersigned has signed these presents this
   6th day of August, 1997.

                            /s/ Joseph P. Walker     
                            _________________________
                            Joseph P. Walker
No. 10-7555.

#### Ruben Antonio Arias-Javier, Petitioner v. United States.

562 U.S. 1155, 131 S. Ct. 949,

178 L. Ed. 2d 783,

2011 U.S. LEXIS 250.

January 10, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

Same case below, 392 Fed. Appx. 896.
### gulfmexico.xls

Author: Abt Associates Inc. Created: 03/24/11

Worksheet Description

Sheet1 reports baseline impingement and entrainment

mortality losses at baseline and under regulatory options 1 through 3. Purpose: This is an output file for the gulf of mexico region including baseline impingement and entrainment mortality losses at baseline and under regulatory options 1 through 3.

File Info 1 of 2Species Baseline Option 1 Option 2 Option 3 Baseline Option 1 Option 2 Option 3 Baseline Option 1 Option 2 Option 3

1 All forage species 5.633322 4.314386 5.594653 5.598867 42.11769 0 28.49061 28.56064 47.75102 4.314386 34.08527 34.15951 2 All harvested species 39.41864 30.18951 39.14805 39.17755 48.47269 0 32.78946 32.87006 87.89132 30.18951 71.93752 72.0476 3 Atlantic croaker 1.653277 1.266194 1.641929 1.643166 0.001677 0 0.001135 0.001137 1.654955 1.266194 1.643063 1.644303 4 Black drum 0.01295 0.009918 0.012862 0.012871 5.927393 0 4.009599 4.019454 5.940343 0.009918 4.022461 4.032326 5 Blue crab 5.656488 4.332129 5.61766 5.621892 19.02825 0 12.8717 12.90334 24.68474 4.332129 18.48936 18.52523 6 Leatherjacket 0.689721 0.528236 0.684986 0.685502 0.033671 0 0.022777 0.022833 0.723392 0.528236 0.707763 0.708335 7 Mackerels 0.008101 0.006205 0.008046 0.008052 0 0 0 0 0.008101 0.006205 0.008046 0.008052 8 Menhadens 4.951525 3.792219 4.917536 4.921241 0.051232 0 0.034656 0.034741 5.002757 3.792219 4.952192 4.955982 9 Fish (other) 1.483714 1.136331 1.473529 1.474639 0.158197 0 0.107012 0.107275 1.641911 1.136331 1.580542 1.581915 11 Pinfish 0.028767 0.022032 0.02857 0.028591 1.071538 0 0.724845 0.726626 1.100306 0.022032 0.753414 0.755218 12 Pink shrimp 21.43961 16.41993 21.29244 21.30848 13.40322 0 9.066641 9.088926 34.84283 16.41993 30.35908 30.39741 13 Red drum 0.08117 0.062165 0.080612 0.080673 0.014467 0 0.009786 0.00981 0.095637 0.062165 0.090399 0.090484 14 Sea basses 0.000721 0.000552 0.000716 0.000717 0 0 0 0 0.000721 0.000552 0.000716 0.000717 15 Searobin 0.935318 0.716331 0.928897 0.929597 0.364947 0 0.24687 0.247476 1.300265 0.716331 1.175767 1.177074 16 Sheepshead0.000421 0.000322 0.000418 0.000418 0.034788 0 0.023533 0.023591 0.035209 0.000322 0.023951 0.024009 17 Silver perch0.281329 0.215461 0.279398 0.279608 5.114544 0 3.459745 3.468249 5.395873 0.215461 3.739143 3.747857 18 Spot 0.379437 0.290599 0.376833 0.377117 0.089425 0 0.060492 0.060641 0.468863 0.290599 0.437325 0.437757 19 Spotted seatrout 1.259066 0.96428 1.250424 1.251366 0.146708 0 0.099241 0.099485 1.405774 0.96428 1.349665 1.35085 20 Stone crab 0.186262 0.142652 0.184983 0.185123 0.414969 0 0.280707 0.281397 0.601231 0.142652 0.46569 0.466519 21 Striped mullet 0.370756 0.283951 0.368211 0.368489 2.617657 0 1.77072 1.775072 2.988413 0.283951 2.138931 2.143561 22 Total (all species) 45.05196 34.5039 44.74271 44.77641 90.59038 0 61.28008 61.4307 135.6423 34.5039 106.0228 106.2071

Sheet1 2 of 2
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7893

UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. LUU VAN DINH, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:05-cr-00385-HEH-2; 3:07-cv-00210-HEH)

Submitted: March 31, 2009 Decided: April 13, 2009

Before MICHAEL, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Luu Van Dinh, Appellant Pro Se. Roderick Charles Young, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Luu Van Dinh seeks to appeal the district court’s order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2008) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district

court is likewise debatable. Miller-El v. Cockrell , 537 U.S. 322, 336-38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000);

Rose v. Lee , 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Dinh has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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.

DISMISSED
No. 10-7533.

#### Elliott Young, Petitioner v. Mississippi.

562 U.S. 1186, 131 S. Ct. 1012,

178 L. Ed. 2d 840,

2011 U.S. LEXIS 772.

January 18, 2011.

Petition for writ of certiorari to the Supreme Court of Mississippi denied.
[Federal Register Volume 63, Number 126 (Wednesday, July 1, 1998)]
[Notices]
[Page 35924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17427]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Project No. 2232-334]


Duke Power Company, Notice of Availability of Draft Environmental 
Assessment

June 25, 1998.
    A draft environmental assessment (EA) is available for public 
review. The draft EA analyzes the environmental impacts of allowing 
Duke Power Company, licensee for the Catawba-Wateree Project, P-2232-
334, to authorize the Charlotte-Mecklenburg Utility District to 
construct additional facilities at the Catawba River Pumping Station to 
increase the water withdrawal from Mountain Island Lake for municipal 
water supply. The EA concludes the proposed action would not constitute 
a major federal action significantly affecting the quality of the human 
environment. The Catawba-Wateree Project is on the Catawba and Wateree 
rivers in North and South Carolina.
    the draft EA was written by staff in the Office of Hydropower 
Licensing, Federal Energy Regulatory Commission. Copies of the draft EA 
can be obtained by calling the Commission's Public Reference Room at 
(202) 208-1371.
    Please submit any comments on the draft EA within 30 days from the 
date of this notice. any comments conclusions, or recommendations that 
draw upon studies, reports, or other working papers of substance should 
be supported by appropriate documentation. Comments should be addressed 
to: Mr. David P. Boergers, Acting Secretary, Federal Energy Regulatory 
Commission, 888 First Street N.E., Washington, D.C. 20426. Please affix 
Project No. 2232-334 to all comments.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-17427 Filed 6-30-98; 8:45 am]
BILLING CODE 6717-01-M
Exhibit 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

            PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned certifies that (1) this Quarterly
report of Cedric Kushner Promotions, Inc. & Subsidiaries (the Company) on Form
10-QSB/A for the six months ended June 30, 2004 as filed with the Securities and
Exchange Commission on the date hereof (this "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 this Report fairly presents, in
all material respects, the financial condition of the Company as of June 30,
2004.





/s/ Cedric Kushner
------------------
Name: Cedric Kushner
Title: Chief Executive Officer
(Principal Executive Officer)



Date: October 25, 2004
No. 10-7619.

#### Demontray Thompson, Petitioner v. Matthew Cate, Secretary, California Department of Corrections and Rehabilitation.

562 U.S. 1202, 131 S. Ct. 1048,

178 L. Ed. 2d 869,

2011 U.S. LEXIS 931.

January 24, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.