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



Pursuant to 18 U.S.C. Section 1350, the undersigned officer
of Medco Health Solutions, Inc. (the Company), hereby certifies, to the knowledge of the undersigned, that the Companys Quarterly Report on Form 10-Q for the quarter ended September 24, 2005 (the Report) fully
complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the
Company.



|                       |  |  |  |     |  |                   |  |                                                           
|---------------------- |  |  |  | --- |  | ----------------- |  | ----------------------------------------------------------
|                       |  |  | 
|Date: November 3, 2005 |  |  |  | By: |  | /s/ JoAnn A. Reed
|                       |  |  |  |     |  | Name:             |  | JoAnn A. Reed                                             
|                       |  |  |  |     |  | Title:            |  | Senior Vice President, Finance and Chief Financial Officer



This certification accompanies this
Quarterly Report on Form 10-Q pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of
1934, as amended (the Exchange Act). Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company
specifically incorporates it by reference.
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

JANUARY 8, 2008

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 07-12914

Non-Argument Calendar

________________________

D. C. Docket No. 05-00563-CV-KD

RICKY STEPHENS,

Plaintiff-Appellee,

versus

HENRY LOVETTE,

Defendant-Appellant.

________________________

Appeals from the United States District Court

for the Southern District of Alabama

_________________________

 (January 8, 2008)

Before BIRCH, DUBINA and BLACK, Circuit Judges.

PER CURIAM:
 Lovette summarily argues the district court erred in denying discretionary function 1

immunity and peace officer immunity to him. We affirm the district court in the denial of

discretionary function immunity and peace officer immunity for the reasons stated in its order of

June 23, 2007.

2

Henry Lovette appeals the district court’s denial of his motion for summary

judgment in Ricky Stephens’ 42 U.S.C. § 1983 excessive force action against him. 

Lovette asserts the district court erred in concluding he was not entitled to

qualified immunity. He specifically asserts the district court erred in concluding

that his conduct violated clearly established law under the Fourth Amendment

standard governing the treatment of arrestees. He contends the district court

should have analyzed his qualified immunity argument under the Fourteenth

Amendment, which governs the treatment of pretrial detainees. Alternatively, he

argues that even if his case is analyzed under the more stringent Fourth

Amendment standard, he is entitled to qualified immunity. 

After a thorough analysis, the district court concluded Stephens’ excessive

force claim should be analyzed under the Fourth Amendment, and concluded that

Lovette was not entitled to qualified immunity. We have reviewed the record and

the parties’ briefs, and conclude the district court did not err in applying the

Fourth Amendment to Stephens’ excessive force claim and denying qualified

immunity to Lovette. Thus, we affirm.1
3

AFFIRMED.
Exhibit 32.1



CERTIFICATION OF PRINCIPAL EXECUTIVE
OFFICER PURSUANT TO 18 U.S.C. SECTION 1350



In connection with the accompanying Annual Report on Form 10-K
of Bohai Pharmaceuticals Group, Inc. for the period ended June 30, 2012, I, HongweiQu, Chief Executive Officer, hereby certifies
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



1.           Such
Annual Report on Form 10-K for the year ended June 30, 2012, 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 such Annual Report on Form 10-K for the year ended June 30, 2012, fairly presents, in all material respects,
the financial condition and results of operations of Bohai Pharmaceuticals Group, Inc.



Dated: September 28, 2012



| | /s/ Hongwei Qu                             
| | -------------------------------------------
| | Hongwei Qu                                 
| | Chief Executive Officer and Chairman       
| | (principal executive and financial officer)
[No. 51578-1-I.

Division One.

June 1, 2004.]

#### The State of Washington, *Respondent,*v. G.D., *Appellant.*

Appeal from a judgment of the Superior Court for Kang County, No. 02-8-02817-1, Mariane Spearman, J. Pro Tern., entered December 17, 2002. *Affirmed*by unpublished opinion per Grosse, J., concurred in by Ellington, A.C.J., and Becker, J.
exv10w42






Exhibit 10.42




AMENDMENT NO. 2

TO THE NORTH AMERICAN COAL CORPORATION

DEFERRED COMPENSATION PLAN FOR MANAGEMENT EMPLOYEES

(As Amended and Restated as of December 1, 2007)




          The North American Coal Corporation hereby adopts this Amendment No. 2 to The North American
Coal Corporation Deferred Compensation Plan for Management Employees (As Amended and Restated as of
December 1, 2007) (the “Plan”), to be effective January 1, 2010. Words used herein with initial
capital letters which are defined in the Plan are used herein as so defined.




Section 1




          Section 2.12 of the Plan is hereby deleted in its entirety without renumbering the remaining
provisions of Article II.




Section 2




     Section 2.19 of the Plan is hereby amended in its entirety to read as follows:



     “Section 2.19 ROTCE shall mean the consolidated return on total capital employed of
NACCO as determined by NACCO for a particular Plan Year.”



Section 3




          Section 2.20 of the Plan is hereby deleted in its entirety without renumbering the remaining
provisions of Article II.




Section 4




     Section 4.02(b) of the Plan is hereby amended in its entirety to read as follows:



               “(b) Earnings Applicable to Covered Employees. Except as otherwise described in the
Plan, for periods on and after January 1, 2010, at the end of each calendar month during a Plan
Year, all Sub-Accounts of the Covered Employees shall be credited with an amount determined by
multiplying such Participant’s average Sub-Account balance during such month by 5%.
Notwithstanding the foregoing, in the event that the ROTCE determined for such Plan Year exceeds
the rate credited under the preceding sentence to the Excess Profit Sharing Sub-Account, Basic
Excess 401(k) Sub-Account and Basic Excess Matching Sub-Account, such Sub-Accounts shall
retroactively be credited with the excess (if any) of (i) the amount determined under the preceding
sentence over (ii) the amount determined by multiplying the Participant’s average Sub-Account
balance during each month of such Plan Year by the ROTCE determined for such Plan Year, compounded
monthly. This ROTCE calculation shall be made during the month in which the Participant incurs a
Termination of Employment and shall be based on the year-to-date ROTCE for the month ending prior
to the date the Participant incurred a Termination of Employment, as calculated by NACCO. For any
subsequent month following such Termination, such ROTCE calculation shall not apply.”


EXECUTED this 10th day of November, 2009.




	 	 	 	 	 
	 	THE NORTH AMERICAN COAL CORPORATION

 	 
	 	By:  	/s/ Charles A. Bittenbender
 	 
	 	 	Title: Assistant Secretary 	 
	 	 	 	 
	 




1
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration

          - [TA-W-65,464]

                    Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on March 4, 2009 in response to a petition filed by                           ( print page 11764)                        a company official on behalf of workers of Delphi Steering, Saginaw, Michigan.                

The petitioner has requested that the petition be withdrawn. Therefore, the investigation under this petition has been terminated.

Signed at Washington, DC, this 11th day of March, 2009.

Linda G. Poole,

Certifying Officer, Division of Trade Adjustment Assistance.

 [FR Doc. E9-5924 Filed 3-18-09; 8:45 am]

BILLING CODE 4510-FN-P
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT UNITED STATES OF AM ER IC A, Plaintiff - Appe lle e , v. ALEJANDR O LIM ON-LOPEZ, a ka Ale ja n dro Lope z -Lim on, De fe nda

nt - Appe lla

nt. No. 15-50147

D.C . No. 3:14-c r-01808-C AB -1
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 C athy Ann B e nc ive ngo, Distric t Judge , Pre siding Subm itte d

April 8, 2016 * * Pa sa de n a , C a l ifornia B e fore : SILVER

M A N a nd GR AB ER , C irc uit Judge s, a

nd DOR SEY, *** Distric t Judge
. 

# FIL ED APR 12 2016 M OLLY C. DW Y ER, CLERK U
. S
. CO URT O F APPEALS

* This disposition is not a ppropria te for public ation 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 tha

t this c a se is suita

b le for de c ision without ora l a

rgum e nt. Fe d. R . App. P. 34(a )(2). *** The Honora

b le Je nnife r A. Dorse y , Unite d State s Distric t Judge for the Distric t of Ne va d a , sitting by de signa tion.Ale

ja ndro Lim on-Lope z , a

M e xic an c itiz e n, wa s de porte d in 2007 a s an a lie n pre s e nt without perm ission. Although Lim o n-Lope z ’ s 2001 c onvic t ion for
c orpora l injury

on a spouse gave the gove rnm e nt a se c o nd ba sis for his de

porta tion, the g ove rnm e nt c h ose to proc e e d only on the pre se nt-without-perm ission c ha rge be c a use it la c ke d c le ar doc um e nta ry proof of the date of his c onvic tion. Whe n Lim on-Lope z wa s found in C a lifornia se ve n y e ars lat e r, he m ove d to dism iss his ille ga l-re e ntry indic tm e nt unde r 8 U.S.C . § 1326(d), a rguing tha

t the im m igration judge(“ IJ” ) viola te d his dueproc e ss rights by not a dvising him

tha t he wa s a ppa re ntly e ligiblefor volunta

ry de pa rture . The distric t judge de n ie d the
m otion, a nd Lim on-Lope z a

ppe a ls. R e vie wing de novo, we a ffirm
. To suc c e ssfully

c h a lle nge a

de porta tion orde r ba se d on a

n IJ’ s fa ilure to inform an a lie n of his a

ppa re nt e ligibility

for volunta

ry de pa rture inste a d of
re m ova l, the de fe nda

nt m ust show tha

t (1) the IJ’ s fa ilure viola

t e d his due proc e ss rights a nd (2) he suffe re d

pre judic e a s a

re s ult. Unite d State

s v . Arrie ta , 224 F.3d 1076, 1079 (9th C ir. 2000). “ [A] n a lie n who is sta tutorily ba rre d from obta ining
re lie f from

re m ova l c annot be pre

judic e d by an IJ’ s fa ilure to inform him a bout the possibility

of a pply ing for [tha

t ] re lie f . . . e ve n if the gove rnm e nt doe s not introduc e notic e a

ble d o c um e n tation of thea l ie n’ s ” disqua lify ing c onvic tion be fore the IJ. Unite d State

s v . Bustos-Oc hoa , 704 F.3d 1053, 1057 (9th C ir. 2012) (pe r

2c uriam ). B e c a u s e Lim o n -Lope z ’ s c orpora l-injury -on-a -spouse c onvic tion disqua lifie d him

from obta ining a

volunta ry de pa rture , he wa s not pre

judic e d by the IJ’ s fa ilure to inform

him that he wa s e ligiblefor tha t re lie f. 1 AFFIRM E D.

3
EXHIBIT 32.1





CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report on Form 10-Q of Bi-Optic Ventures Inc. (the Company) for the quarter ended May 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Harry Chew, 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, 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.





Date:  July 10, 2009



/s/ Harry Chew

Harry Chew

Chief Executive Officer, Chief Financial Officer, and Director

(Principal Executive Officer)





1
hme-10k2009ex1047.htm


    
      EXHIBIT 10.47

       

      Home Properties, L.P.

      Amendment No. One Hundred Three to

      Second Amended and Restated

      Agreement of Limited Partnership

      


      


      


      The
Second Amended and Restated Agreement of Limited Partnership of Home Properties,
L.P. (the “Partnership Agreement”) is hereby amended effective November 12, 2009
to substitute the “Schedule A” attached hereto for the “Schedule A” currently
attached to the Partnership Agreement.  “Schedule A” is hereby amended
to reflect various changes.

      


      GENERAL
PARTNER

      Home
Properties, Inc.

      


       

      /s/ Ann M. McCormick                  

      Ann M.
McCormick

      Secretary

      


      


      LIMITED
PARTNERS LISTED ON ATTACHED SCHEDULE A

      By: Home
Properties, Inc.

            as
attorney-in-fact

      


      


      /s/ Ann M. McCormick                  

      Ann M.
McCormick

      Secretary
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

February 18, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-41047

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MARTIN B. YSASSI,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-01-CR-242-1

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

Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.

PER CURIAM:*

Court-appointed counsel for Martin B. Ysassi has moved for

leave to withdraw from this appeal and has filed a brief pursuant

to Anders v. California, 386 U.S. 738 (1967). Ysassi was advised

of the motion and served with a copy of counsel’s brief, but has

not filed a response. Our independent review of the brief and

the record discloses no nonfrivolous issue for appeal. 

Accordingly, counsel’s motion for leave to withdraw is GRANTED,

counsel is excused from further responsibilities herein, and the

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.
First Amendment to the Amended and Restated Savings and Investment Plan



 Exhibit 10.8.b 
 FIRST AMENDMENT 
 OF  
 FMC TECHNOLOGIES, INC. SAVINGS AND INVESTMENT PLAN 
 WHEREAS, FMC Technologies, Inc. (the “Company”) maintains the FMC Technologies, Inc. Savings and Investment Plan, as
amended and restated effective January 1, 2002 (the “Plan”); 
 WHEREAS, the Company now deems it
necessary and desirable to amend the Plan in certain respects to comply with the terms of the IRS favorable determination letter issued on November 6, 2009; and 
 WHEREAS, this First Amendment shall supersede the provisions of the Plan to the extent those provisions are inconsistent with the provisions of the amendment; 
 NOW, THEREFORE, by virtue of the authority reserved to the Company by Section 12.1 of the Plan, the Plan is hereby amended as
follows: 
 1. Effective January 1, 2002, Section 3.1.1 is hereby amended to replace the introductory paragraph with
the following: 
 Effective as of July 1, 2002, and for each Plan Year commencing thereafter, all Participants who have
attained or will attain age fifty (50) by the close of the taxable year shall be eligible to make Catch-Up Contributions during the Plan Year in accordance with, and subject to the limitations of Code Section 414(v) as follows: 

2. Effective for limitation years beginning on or after July 1, 2007, Section 3.8 is hereby amended to add the following
introductory sentence: 
 This Section 3.8 shall apply only to limitation years commencing prior to July 1, 2007.

 3. Effective January 1, 2002, Section 14.1.8(c) is hereby amended to replace the phrase “separation from
service” with the phrase “severance from employment.” 







 IN WITNESS WHEREOF, the Company has caused this amendment to be executed by a duly
authorized representative this 2nd day of February, 2010. 
  

			
	FMC Technologies, Inc.
		
	By:	 	/s/ Maryann T. Seaman
	Its:	 	Vice President, Administration
exv10w3







	 	 	 	 	 



Exhibit 10.3




Second Amendment to Restated Employment Agreement





     This Second Amendment to Restated Employment Agreement is made effective on the 2nd day of
March 2010, between Coeur d’Alene Mines Corporation (“Company”) and K. Leon Hardy (“Employee”).



     Whereas, the parties executed an Employment Agreement dated July 1, 2008 (the
“Employment Agreement”), and



     Whereas the Employment Agreement was further amended and then subsequently restated effective
December 31, 2008 (“Restated Employment Agreement”), and



     Whereas the Restated Employment Agreement was further amended effective July 31, 2009 whereby
the term of the Restated Employment Agreement was extended through July 31, 2011, and



     Whereas the parties desire to further amend the Restated Employment Agreement as set forth
below;



NOW THEREFORE, in consideration of the mutual promises and covenants herein contained to be kept
and performed by the parties hereto, the parties agree as follows:




1. Employment. The Restated Employment Agreement shall be amended in Section 1 to read
that the Company agrees to, and hereby does, employ Employee as Senior Vice President Operations.




2. Compensation. The Restated Employment Agreement shall be amended in Section 3 (a) to
read that the Employee shall receive a base salary of $275,000 annually.




3. Duties. The Restated Employment Agreement shall be amended in Section 4 to read that
the Employee shall perform the duties customarily associated with the office specified in paragraph
(1) above and as assigned to Employee from time-to-time by the President and Chief Executive
Officer of the Company.




 









 








IN WITNESS WHEREOF, the parties have executed this Second Amendment to the Restated Employment
Agreement as of the day and year first written above.




Coeur d’Alene Mines Corporation




	 	 	 	 	 
	 	 
	By  	/s/
Dennis E. Wheeler	 
	 	Dennis E. Wheeler, President and CEO 	 
	 	 	 
	 
	 	/s/
K. Leon Hardy
	 
	 	Employee
<page> EXHIBIT 32.02

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 Morgan Stanley Charter
Campbell L.P. (the ?Partnership?) on Form 10-Q for the period
ended March 31, 2006 as filed with the Securities and Exchange
Commission on the date hereof (the ?Report?), I, Kevin Perry,
Chief Financial Officer, Demeter Management Corporation, the
general partner of the Partnership, 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 Partnership.









By:   /s/ Kevin Perry

Name:		Kevin Perry
Title:	Chief Financial Officer

Date:		May 15, 2006





? 6 ?


MORGAN STANLEY CHARTER CAMPBELL L.P.
NOTES TO FINANCIAL STATEMENTS (CONTINUED)







- 39 ?
**EXHIBIT 31.2****Rule 13a-14(a) CERTIFICATION**I, William C. Kurtz, certify that: 1. I have reviewed this quarterly report on Form 10-Q of Monarch Community Bancorp, Inc.;  2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to theperiod covered by this report;  3. Based on my knowledge, the financial statements, and other financial informationincluded 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 periodspresented in this report;  4. The registrant’s other certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have; a. Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;  b. Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures as of the end of the period covered by thisreport based on such evaluations; and  c. Disclosed in this report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recent fiscalquarter that has materially affected, or is reasonably likely to materially affect,the registrant’s internal control over financial reporting. 5. The registrant’s other certifying officers and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of registrant’s board of directors (or persons performingthe equivalent functions): a. All significant deficiencies and material weaknesses in the design oroperation of internal controls over financial reporting which are reasonably likelyto adversely affect the registrant’s ability to record, process, summarize andreport financial information; and  b. Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.     Date: August 11, 2005 By: /s/ William C. Kurtz         William C. Kurtz    Senior Vice President and Treasurer    (Principal Financial Officer)
18