alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

November 29, 2007 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh
Elizabeth A. Weaver 134933 Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee,

v SC: 134933 COA: 277964 Oscoda CC: 06-000945-FH STUART DUANE AURICH, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the A ugust 8, 2007 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

d1119 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

November 29, 2007

Clerk
EXHIBIT
32.1




CERTIFICATION
OF
 CHIEF
EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
 PURSUANT
TO 18 U.S.C. SECTION 1350,
 AS
ADOPTED PURSUANT TO
 SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002
   In
connection with the Quarterly Report on Form 10-Q of Balqon Corporation (the
“Company”) for the period ended June 30, 2009 (the “Report”), the
undersigned hereby certify in their capacities as Chief Executive Officer and
Chief Financial Officer of the Company, respectively, pursuant to 18 U.S.C.
section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that, to their knowledge:
  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 results of operations of the Company.
  Dated:
      August 14,
      2009
                  By:
                  /s/
      BALWINDER SAMRABalwinder
      Samra
                    President
      and Chief Executive Officer
                    (principal
      executive officer)
  Dated:
      August 14,
      2009
                  By:
                  /s/
      ROBERT J. MIRANDARobert
      J. Miranda
                    Chief
      Financial Officer
                    (principal
      financial and accounting officer)
  A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signatures that appear
in typed form within the electronic version 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.
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 on Form 10-K for the year ended
December 31, 2004 (the "Report") of FMS Financial Corporation (the "Company") as
filed with the Securities and Exchange  Commission on the date hereof, we, Craig
W. Yates,  President and Chief Executive  Officer,  and Channing L. Smith,  Vice
President and Chief Financial Officer,  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) 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.

<TABLE>
<CAPTION>
<S>                                     <C>

/s/Craig W. Yates                            /s/Channing L. Smith
-------------------------------------        ------------------------------------------
Craig W. Yates                               Channing L. Smith
President and Chief Executive Officer        Vice President and Chief Financial Officer
                                             (Principal Financial and Accounting Officer)
</TABLE>



March 24, 2005
#### Phoebe Zizo, Respondent, v Sea Cliff Woodshop, Inc., Appellant, et al., Defendants.

[719 NYS2d 889]

In an action to recover damages for personal injuries, the defendant Sea Cliff Woodshop, Inc., appeals from a judgment of the Supreme Court, Queens County (Gavrin, J.), entered November 16, 1999, which, upon a jury verdict awarding the plaintiff $500,000 for past pain and suffering, $550,000 for future pain and suffering, and $100,000 for vocational rehabilitation, is in favor of the plaintiff and against it.

Ordered that the judgment is affirmed, with costs.

The jury verdict awarding damages is not against the weight of the evidence as it is based upon a fair interpretation of the *627evidence *(see, Nicastro v Park,*113 AD2d 129). The damages awarded did not deviate materially from what would be reasonable compensation under the circumstances *(see,*CPLR 5501 [c]; *Harris v New York City Health & Hosps. Corp.,*272 AD2d 372; *Tuitt v Midwood Auto Rental & Leasing Corp.,*269 AD2d 525; *Seidner v Unger,*245 AD2d 362).

The appellant’s remaining contention is without merit. Ritter, J. P., Friedmann, H. Miller and Smith, JJ., concur.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5434 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                H. R. 5434

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
at 40 South Walnut Street in Chillicothe, Ohio, as the ``Larry Cox Post 
                               Office''.

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

SECTION 1. LARRY COX POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 40 South Walnut Street in Chillicothe, Ohio, shall be known 
and designated as the ``Larry Cox Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Larry Cox 
Post Office''.

            Passed the House of Representatives September 12, 2006.

            Attest:

                                                                 Clerk.
109th CONGRESS

  2d Session

                               H. R. 5434

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
at 40 South Walnut Street in Chillicothe, Ohio, as the ``Larry Cox Post 
                               Office''.
```
EE-RM-TP-99-500 COMMENT 37

Addendum to Appendix A 

AHAM DW-I-1992 

August 20, 1999 

It has come to the attention of AHAM that the dishware specified in AHAM DW-I-1992 

is no longer available. The following Dishware may be considered an acceptable 

alternative. 

3.16.1 Dishware. 

CompanylDesignation 

One cup - 0.21 L ............... .. 

One saucer - 14cm .......... .. 

One dinner plate - 10 inch (26cm) 

Arzberg #3824732100 

Arzberg ;'13824731100 

Corning/('"";omccr® #6003893 

One bread and butter plate -17cm 

One fruit bowl - 13cm ....... 

3.17 Serving Pieces. 

3.17.1 Dishware 

Arzberg #850021 7100 

Arzberg #38205131 00 

CompanylDesignation. 

Platter 9 % inch Oval 

CorninglComcor® #6011655 

Two Serving bowls 1 qt. 

CorninglCorelle® 

Comcor® and Corelle® Dishware are available from: 

Corning Consumer Products 

2100 Manchester Rd., Building B, Suite 1015 

Wheaton, IL 60187 

Tel: 630-933-8970 

Fax: 630-933-9776 

Attn: Andrea Kirkwood 

Email: KirkwoodAL@ccpci.com 

Arzberg Dishware is available from: 

Eschenbach USA 

14101 Sullyfield Circle 

Suite 300 

Chantilly, VA 20151 

Tel: 703-263-1550 

Fax: 703-263-2216 

Attn: Stephen Thompson 

#6003911 

Addendum to Appendix A 

AHAM DW-I-1992 

August 20, 1999 

It has come to the attention of AHAM that the dishware specified in AHAM DW-I-1992 

is no longer available. The following Dishware may be considered an acceptable 

alternative. 

3.16.1 Dishware. 

CompanylDesignation 

One cup - 0.21 L ............... .. 

One saucer - 14cm .......... .. 

One dinner plate - 10 inch (26cm) 

Arzberg #3824732100 

Arzberg ;'13824731100 

Corning/('"";omccr® #6003893 

One bread and butter plate -17cm 

One fruit bowl - 13cm ....... 

3.17 Serving Pieces. 

3.17.1 Dishware 

Arzberg #850021 7100 

Arzberg #38205131 00 

CompanylDesignation. 

Platter 9 % inch Oval 

CorninglComcor® #6011655 

Two Serving bowls 1 qt. 

CorninglCorelle® 

Comcor® and Corelle® Dishware are available from: 

Corning Consumer Products 

2100 Manchester Rd., Building B, Suite 1015 

Wheaton, IL 60187 

Tel: 630-933-8970 

Fax: 630-933-9776 

Attn: Andrea Kirkwood 

Email: KirkwoodAL@ccpci.com 

Arzberg Dishware is available from: 

Eschenbach USA 

14101 Sullyfield Circle 

Suite 300 

Chantilly, VA 20151 

Tel: 703-263-1550 

Fax: 703-263-2216 

Attn: Stephen Thompson 

#6003911
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 NuVim, Inc. (the "Company") on  Form
10-Q for the quarterly period ended  June 30, 2008 as filed with  the Securities
and Exchange Commission on the date therein specified (the "Report"), I, Richard
P.  Kundrat, 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 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 Company.

Date: August 19, 2008

/s/ Richard P. Kundrat

Richard P. Kundrat, Chief Financial Officer

                                       37
Amendment No.2 to the Supplemental Retirement Income Plan



 Exhibit 10.28 
 SECOND AMENDMENT TO THE 
 NALCO COMPANY

 SUPPLEMENTAL RETIREMENT INCOME PLAN 
 (As Amended and Restated Effective as of January 1, 2004) 
 WHEREAS,
Nalco Company (the “Company”) maintains the Nalco Company Supplemental Retirement Income Plan, as amended and restated effective January 1, 2004 (the “Plan”); and 
 WHEREAS, pursuant to Section 7.2 thereof, the Plan may be amended by action of the Nalco Company Employee Benefit Plan
Administration Committee (“EBPAC”); and 
 WHEREAS, EBPAC desires to amend the Plan provide certain benefits to
domestic partners and make certain other changes; 
 NOW, THEREFORE, BE IT RESOLVED, that EBPAC hereby
amends the Plan, effective as of January 1, 2010, as follows: 
 1. Section 2.1(g) of the Plan is hereby amended by
replacing the phrase, “surviving spouse” with the following phrase, “surviving spouse, or Domestic Partner (as such term is defined under the Retirement Income Plan).” 
 2. Article IX of the Plan is hereby amended by inserting the following new Section 9.9 at the end thereof: 
 “9.9. Restriction on Venue and Limitations on Actions  
 Any Participant or Beneficiary can bring an action in connection with the Plan only after exhausting the claims procedures contained in the
Retirement Income Plan and only in Federal District Court in Chicago, Illinois. The Participant or Beneficiary must bring the cause of action within two years from the date of EBPAC’s final determination which is being challenged.”








 IN WITNESS WHEREOF, EBPAC has caused this Second Amendment to be executed by its duly
authorized members this 30th day of November, 2009. 
  

	
	NALCO COMPANY
	 EMPLOYEE BENEFIT PLAN
 ADMINISTRATION COMMITTEE

	
	  

	Erik Fyrwald
	
	  

	Brad Bell
	
	  

	Steve Landsman
	
	  

	Laurie Marsh
	
	  

	Bob Dompke
**Exhibit32.2**

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

Inconnection with the amended quarterly report on Form 10-Q of East KansasAgri-Energy, LLC (the “Company”) for the quarter ended March 31, 2007, as filedwith the Securities and Exchange Commission on the date hereof (the “Report”),I, Thomas D. Leitnaker, Chief Financial Officer and Principal Financial andAccounting 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.                                       TheReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and

2.                                       Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
|        | /s/ Thomas D. Leitnaker                                                 |
|--------|-------------------------------------------------------------------------|
|   | Thomas D. Leitnaker                                                     |
|   | Chief Financial Officer and Principal Financial and  Accounting Officer |
|   | Dated: August 10, 2007                                             |

 

----
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5516 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                H. R. 5516

_______________________________________________________________________

                                 AN ACT

 
  To allow for the renegotiation of the payment schedule of contracts 
  between the Secretary of the Interior and the Redwood Valley County 
                Water District, and for other purposes.

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

SECTION 1. RENEGOTIATION OF PAYMENT SCHEDULE.

    Section 15 of Public Law 100-516 (102 Stat. 2573) is amended as 
follows:
            (1) By amending paragraph (2) of subsection (a) to read as 
        follows:
            ``(2) If, as of January 1, 2006, the Secretary of the 
        Interior and the Redwood Valley County Water District have not 
        renegotiated the schedule of payment, the District may enter 
        into such additional non-Federal obligations as are necessary 
        to finance procurement of dedicated water rights and 
        improvements necessary to store and convey those rights to 
        provide for the District's water needs. The renegotiated 
        schedule of payments shall commence when such additional 
        obligations have been financially satisfied by the District. 
        The date of the initial payment owed by the District to the 
        United States shall be regarded as the start of the District's 
        repayment period and the time upon which any interest shall 
        first be computed and assessed under section 5 of the Small 
        Reclamation Projects Act of 1956 (43 U.S.C. 422a et seq.).''.
            (2) By striking subsection (c).

            Passed the House of Representatives September 27, 2006.

            Attest:

                                                                 Clerk.
109th CONGRESS

  2d Session

                               H. R. 5516

_______________________________________________________________________

                                 AN ACT

  To allow for the renegotiation of the payment schedule of contracts 
  between the Secretary of the Interior and the Redwood Valley County 
                Water District, and for other purposes.
```
# 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

I, Gilbert G. Lundstrom, Chairman of
the Board and Chief Executive Officer of TierOne Corporation (Company), hereby
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section
1350, that:

| | (1) | The
Quarterly Report on Form 10-Q of the Company for the quarterly period ended
               September 30, 2007 (Report) fully complies with the
requirements of                Section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a)                or 78o(d)); and
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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

|                        |                                
|----------------------- | -------------------------------
|Date:  November 5, 2007 | By:  /s/ Gilbert G. Lundstrom  
|                        | Gilbert G. Lundstrom           
|                        | Chairman of the Board and Chief
|                        | Executive Officer
#### In the Matter of Miguel Serna, Appellant, v New York State Division of Parole, Respondent.

[719 NYS2d 166]

Appeal from a judgment of the Supreme Court (Bradley, J.), entered June 8, 2000 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner’s request for parole release.

Petitioner, serving a prison term of 15 years to life for his conviction of criminal sale of a controlled substance in the first degree, challenges a determination of the Board of Parole which denied his application for parole release. Supreme Court dismissed the petition and we affirm. Contrary to petitioner’s assertion, the Board did not rely solely on petitioner’s instant offense in denying his request for parole. Although the Board placed particular emphasis on the instant offense, the Board discussed other relevant factors such as petitioner’s deportation order. The record also demonstrates that petitioner declined the opportunity to discuss positive aspects of his prison term. Moreover, the Board’s decision specifically recites that, in addition to the interview with petitioner, the case record was reviewed in rendering the determination. Inasmuch as the Board’s release decisions are discretionary, and the record *685demonstrates that the decision was made in accordance with statutory requirements, the Board’s determination will not be disturbed *(see, Matter of Henderson v Travis,*268 AD2d 633, *lv denied*95 NY2d 754; *Matter of Huber v Travis,*264 AD2d 887).

Petitioner’s remaining contention has been reviewed and found to be without merit.

Her cure, J. P., Crew III, Spain, Carpinello and Rose, JJ., concur. Ordered that the judgment is affirmed, without costs, and petition dismissed.
----

**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**

| Date:                September 17, 2007 | By:    | /s/                Greg A. LeClaire                                                  |
|-----------------------------------------|--------|--------------------------------------------------------------------------------------|
|                                    |   | Greg                A. LeClaire                                                      |
|                                    |   | VP                Finance(Principal                Financial and Accounting Officer) |

**A      signed original of the written statement above required by Section 906 of the      Sarbanes-Oxley Act of 2002 has been provided to ClearOne Communications, Inc.      and will be retained by ClearOne Communications, Inc. and furnished to the      Securities and Exchange Commission or its staff upon      request.**
##### 



Exhibit 32.1 CERTIFICATION OF
CURTIS W. MEWBOURNE/CHIEF EXECUTIVE OFFICER
OF MEWBOURNE DEVELOPMENT CORPORATION
PURSUANT TO 18 U.S.C. § 1350 I, Curtis W. Mewbourne, Chief Executive Officer of Mewbourne Development
Corporation, Managing General Partner of Mewbourne Energy Partners 03-A, L.P.,
(the Registrant), hereby certify that the accompanying report on Form 10-Q,
for the quarterly period ended March 31, 2004 and filed with the Securities and
Exchange Commission on the date hereof pursuant to Section 13(a) of the
Securities Exchange Act of 1934 (the Report) by the Registrant fully complies
with the requirements of that section. I further certify that the information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operations of the Registrant. /s/ Curtis W. Mewbourne
Name: Curtis W. Mewbourne
Date: May 14, 2004
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)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of DCT Industrial Trust Inc., a Maryland corporation (the Company), does hereby certify with respect to the Quarterly
Report of the Company on Form 10-Q for the period ended March 31, 2007, as filed with the Securities and Exchange Commission (the Report) that, to his 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 Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------





|                  |  |  |  |                        
|----------------- |  |  |  | -----------------------
|Date: May 9, 2007 |  |  |  | /s/ Philip L. Hawkins  
|                  |  |  |  | Philip L Hawkins       
|                  |  |  |  | Chief Executive Officer
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO SECTION 906**

**OF THE SARBANES-OXLEY ACT OF 2002**

 

 

I, Richard K. Aland, Chief Executive Officerand Chief Financial Officer of Demand Pooling, Inc. (the “Company”), certify, pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, 18 U.S.C. Section 1350, that to the best of my knowledge:

 

(1)	the annual report on Form 10-K of theCompany for the year ended December 31, 2011 (the “Report”) fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or o(d); and

 

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

 

Date: August 27, 2013

 

*	/s/	Richard K. Aland*

Richard K. Aland

Chief Executive Officer and

Chief Financial Officer