alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT 31.2**

 

Certification of principal financial officer: 

 

I, Kevin E. Shaffer, certify, as required by Section 302 of the Sarbanes-Oxley Act of 2002(18 U.S.C. Section 1350), that: 

 

1. I have reviewed this quarterly report onForm 10-Q of eSylvan, Inc.; 

 

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

 

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

 

4. The registrant’s other certifying officer and I areresponsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 15d-14) for the registrant and we have: 

 

a) designed such disclosure controls and procedures to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made knownto us by others within those entities, particularly during the period in which this quarterly report is being prepared; 

 

b) evaluated the effectiveness of the registrant’s disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly report(the “Evaluation Date”); and 

 

c) presented in this quarterly reportour conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date; 

 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation, to the registrant’s auditors and the registrant’sboard of directors (which performs the equivalent function): 

 

a) allsignificant deficiencies in the design or operation of internal controls which could adversely affect the registrant’s ability to record, process, summarize and report financial data and have identified for the registrant’s auditors anymaterial weaknesses in internal controls; and 

 

b) any fraud, whether or notmaterial, that involves management or other employees who have a significant role in the registrant’s internal controls; and 

 

6. The registrant’s other certifying officers and I have indicated in this quarterly report whether or not there were significant changes in internal controls or inother factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses. 

 

August 14, 2003
**Exhibit 32.1** **CERTIFICATION    OF PERIODIC REPORT**     Each of the undersigned, in his capacity as an officer of The    Princeton Review, Inc. (the “Company”), hereby    certifies, pursuant to Section 906 of the Sarbanes-Oxley    Act of 2002 (18 U.S.C. 1350), that:      1)     the Quarterly Report on    Form 10-Q/A    of the Company for the three months ended March 31, 2007    (the “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 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: May 17, 2007     By:     /s/  John    S. Katzman
2008 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

8-14-2008

ISP Env Ser Inc v. Linden

Precedential or Non-Precedential: Non-Precedential

Docket No. 07-2464

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2008

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2008 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"ISP Env Ser Inc v. Linden" (2008). 2008 Decisions. Paper 654.

http://digitalcommons.law.villanova.edu/thirdcircuit_2008/654
 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

_____________

No. 07-2464

_____________

ISP ENVIRONMENTAL SERVICES, INC.,

 Appellant

 v.

THE CITY OF LINDEN;

JOHN T. GREGORIO, individually and in his

capacity as Mayor of the City of Linden;

THE COUNCIL OF THE CITY OF LINDEN;

THE UNION COUNTY

IMPROVEMENT AUTHORITY;

THE MORRIS COMPANIES; MORRIS LINDEN ASSOCIATES,

LLC; JOSEPH D. MORRIS, individually and in

his capacity as a principal of The Morris

Companies and Morris Linden Associates, LLC

On Appeal from the United States District Court

for the District of New Jersey

No. 05-CV-04249

Honorable Garrett E. Brown, Jr.

ARGUED JULY 22, 2008

Before: McKEE, FUENTES, and JORDAN, Circuit Judges

(Filed: August 14, 2008)
2

Barry H. Evenchick, Esq. 

Steven D. Grossman, Esq.

Justin P. Walder, Esq.

Walder, Hayden & Brogan

5 Becker Farm Road

3rd Floor

Roseland, NJ 07068

Mark. A. Belnick, Esq. [ARGUED]

Law Offices of Mark Belnick

Suite 1700B

120 West 45 Street th

New York, NY 10036

Counsel for Appellant ISP Environmental Services, Inc.

Benjamin Clarke, Esq. [ARGUED]

Alexander Hemsley, III, Esq.

DeCotiis, Fitzpatrick, Cole & Wisler

500 Frank W. Burr Boulevard

Glenpointe Centre West

Teaneck, NJ 07666

Counsel for Appellees City of Linden, John T. Gregorio, Linden City Council and

The Union County Improvement Authority

Brian J. Molloy, Esq. [ARGUED]

Wilentz, Goldman & Spitzer

90 Woodbridge Center Drive

Suite 900, Box 10

Woodbridge, NJ 07095

Counsel for Appellees Morris Companies, Morris Linden Associates, LLC and

Joseph D. Morris

OPINION OF THE COURT

Per Curiam
3

ISP Environmental Services, Inc. appeals the district court’s dismissal of its sevencount Amended Complaint against the City of Linden, New Jersey and others. We have

considered the various arguments of the parties, and conclude that the district court was

correct in its determination that ISP’s Amended Complaint fails to state a federal cause of

action that is ripe for adjudication. Accordingly, we will affirm the judgment of the

district court.
Gregory GILLESPIE, Doc #C05926, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-3568

District Court of Appeal of Florida, Second District.

Opinion filed December 21, 2018

Howard L. Dimmig, II, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Blain A. Goff, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed.

SILBERMAN, KELLY, and ROTHSTEIN-YOUAKIM, JJ., Concur.
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 annual report of PetCARE Television Network, Inc.
(the "Company") on Form 10-KSB for the year ending December 31, 2004 as filed
with the Securities and Exchange Commission on March 31, 2005 (the "Report"), I,
Philip M. Cohen, 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:

      (1)   The Report fully complies with the requirements of section 13(a) or
            15(d) of the Securities Exchange Act of 1934; and

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

/s/ Philip M. Cohen
-------------------
Philip M. Cohen
Chief Executive Officer
March 31, 2005

A signed original of this certification 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.
Stephane FORTIER, Appellant, v. MIAMI-DADE COUNTY, Florida, Employees Local Number 199 of the American Federation of State, County and Municipal Employees, AFL-CIO, and Florida Public Employees Relations Commission, Appellees.

No. 1D17-4549

District Court of Appeal of Florida, First District.

December 14, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
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 of  PracticeXpert,  Inc.  (the
"Company") on Form 10-QSB for the period ending September 30, 2004 as filed with
the Securities and Exchange  Commission on the date hereof (the  "Report"),  we,
Jonathan  Doctor,  Chief  Executive  Officer and  President of the Company,  and
Michael Manahan,  Chief Financial Officer of the Company,  respectively 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) or
            15(d) of the Securities Exchange Act of 1934; and

      2.    The  information  contained in the Report  fairly  presents,  in all
            material respects,  the financial condition and result of operations
            of the Company.


/s/ Jonathan Doctor                          /s/ Michael Manahan
-------------------------------------        -----------------------
Jonathan Doctor,                             Michael Manahan,
Chief Executive Officer and President        Chief Financial Officer
November 19, 2004                            November 19, 2004
**EXHIBIT 32.2**

 

**CERTIFICATION OF CHIEFFINANCIAL OFFICER**

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

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Inconnection with the Quarterly Report of Curon Medical, Inc. (the “Company”) onForm 10-Q for the period ended March 31, 2004 as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), I, Alistair F.McLaren, Chief Financial Officer and Chief Information Officer of the Company,certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of theSarbanes-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 materialrespects, the financial condition and results of operations of the Company.

 
| Date:  May 10, 2004 | By:    | /s/  ALISTAIR F. MCLAREN                               |   |
|---------------------|--------|--------------------------------------------------------|--------|
|                |   | Alistair F. McLaren                                    |
|                |   | Chief Financial Officer and  Chief Information Officer |

 

 

Thiscertification accompanies this Report pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company forpurposes of Section 18 of the Securities Exchange Act of 1934, as amended.

 

----
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 annual  report of General  Steel  Holdings,  Inc.  (the
"Company") on Form 10-KSB/A for the period ended December 31, 2004 as filed with
the  Commission  on April 11,  2005  (the  "Report"),  I, Zuo  Sheng  Yu,  Chief
Executive Officer and President of the Company,  certify,  pursuant to 18 U.S.C.
Section 1350, as adopted  pursuant to Section 906 of the Sarbanes-  Oxley Act of
2002, that:

         (1)      The Report fully  complies  with the  requirements  of section
                  13(a) or 15(d) of the Securities Exchange Act of 1934; and

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

                                By: /s/  Zuo Sheng Yu
                                   ---------------------------
                                   Zuo Sheng Yu
                                   Chief Executive Officer and President


DATED: April 11, 2005
##### 



1301 AVENUE OF THE AMERICAS
NEW YORK, NEW YORK 10019-6092
TEL 212 259-8000 FAX 212 259-6333
 EXHIBIT 5.1
 
 
 
 Registration Statement on Form S-3 File Nos. 333-132560 and
333-132560-01
  FCF Corp. Registrants Registration Statement Commission Act Notes Series Indenture Indenture Trustee Trust Trust Agreement Owner Trustee Indenture Supplement Agreements




---



#####
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 Spearhead Limited, Inc. (the
"Company") on Form 10-QSB for the quarter ended June 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Jeffrey
N. Tabin, Chief Financial 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:

(1) The Report fully complies with the requirements of section 13(a) or 15(d) of
the Securities Exchange Act of 1934; and

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

August 16, 2004

                                             /s/ Jeffrey N. Tabin
                                             -----------------------
                                             Jeffrey N. Tabin
                                             Chief Financial Officer
Jermetras WATSON, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-2610

District Court of Appeal of Florida, Fifth District.

Opinion filed December 28, 2018

Jermetras Watson, Lake Butler, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm, without further discussion, the postconviction court's order summarily denying Appellant's Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. Appellant also raised several issues in his Initial Brief that were not presented below and thus were not preserved for review. *See* *Tillman v. State* , 471 So.2d 32, 35 (Fla. 1985) ("In order to be preserved for further review by a higher court, an issue must be presented to the lower court and the specific legal argument *1181or ground to be argued on appeal or review must be part of that presentation if it is to be considered preserved.").

Appellant is not precluded from filing a successive rule 3.800(a) motion to correct illegal sentence to raise issues discussed in his Initial Brief that were not argued in his present motion. *See* *State v. McBride* , 848 So.2d 287, 290-91 (Fla. 2003) (holding that the phrase "at any time" in rule 3.800(a) allows defendants to file successive motions but that principles of collateral estoppel bar a defendant from raising in a successive motion to correct illegal sentence the same issue raised by the defendant in an earlier motion). We take no present position as to the merits, if any, of these potential claims.

AFFIRMED.

ORFINGER, EVANDER, and LAMBERT, JJ., concur.
Exhibit 23.2

EX-23.2 CONSENTS OF EXPERTS AND COUNSEL

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

As independent registered public accountants, we hereby consent to the incorporation of our report dated June 28, 2005 relating to the financial
statements of LCM Holdings for the period ended December 31, 2004 included in this Form 10-KSB, into the Companys previously filed Registration Statements on Form S-8 (File No. 333-131304).



|                                    
|------------------------------------
|/s/ VITALE, CATURANO & COMPANY, LTD.
|                                    
|VITALE, CATURANO & COMPANY, LTD.    
|                                    
|Boston, Massachusetts               
|March 27, 2006
EXHIBIT
32.2





CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Annual Report of Atlas America Public #12-2003 Limited
Partnership (the “Partnership”) on Form 10-K for the year ended December 31,
2008 as filed with the Securities and Exchange Commission on the date hereof
(the “Report”), I, Matthew A. Jones, Chief Financial Officer of the Managing
General Partner, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





1)
            the
      Report fully complies with the requirements of section 13(a) or 15(d) of
      the Securities Exchange Act of 1934,
and


2)
            the
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Partnership.





By:
            /s/ Matthew A.
      JonesName:
            Matthew
      A. JonesTitle:
            Chief
      Financial Officer of the Managing General PartnerDate:
            March
      30, 2009
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          AUG-31-2000
<PERIOD-START>                             SEP-01-1999
<PERIOD-END>                               MAY-31-2000
<CASH>                                          22,664
<SECURITIES>                                     5,015
<RECEIVABLES>                                    1,005
<ALLOWANCES>                                       167
<INVENTORY>                                      1,367
<CURRENT-ASSETS>                                30,109
<PP&E>                                          90,263
<DEPRECIATION>                                   1,867
<TOTAL-ASSETS>                                 157,646
<CURRENT-LIABILITIES>                            8,002
<BONDS>                                        111,002
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             6
<OTHER-SE>                                      38,636
<TOTAL-LIABILITY-AND-EQUITY>                   157,646
<SALES>                                          4,849
<TOTAL-REVENUES>                                 4,849
<CGS>                                            4,252
<TOTAL-COSTS>                                    4,252
<OTHER-EXPENSES>                                10,934
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,093
<INCOME-PRETAX>                               (41,591)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (41,591)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (41,591)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH

	NO.  2-06-361-CV

IN RE	RELATOR

CHARLES M. GRIFFITH

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

	ORIGINAL PROCEEDING

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

	MEMORANDUM OPINION1

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

	Relator Charles M. Griffith seeks a writ of mandamus compelling a municipal court judge to set his traffic citation for trial.  We dismiss for want of jurisdiction.

	This court has jurisdiction to issue writs of mandamus against district and county court judges, to issue writs of mandamus against a district judge acting as magistrate in a court of inquiry, and to issue all other writs necessary to enforce its own jurisdiction.  See Tex. Gov’t Code Ann. § 22.221 (Vernon 2004).  We do not have mandamus jurisdiction over a municipal court judge.  See, e.g., In re Chang, 176 S.W.3d 451, 452 (Tex. App.—Houston [1st Dist.] 2004, orig. proceeding) (dismissing for want of jurisdiction petition to mandamus municipal court judge); In re Allen, No. 05-04-01734-CV, 2004 WL 2821893, at *1 (Tex. App.—Dallas December 9, 2004, orig. proceeding) (mem. op.) (same); In re Collard, No. 05-06-00533-CV, 2006 WL 1075029, at *1 (Tex. App.—Dallas April 25, 2006, orig. proceeding) (mem. op.) (same).

	Therefore, we dismiss Relator’s amended petition for want of jurisdiction.

							PER CURIAM

PANEL B:	GARDNER, DAUPHINOT, and MCCOY, JJ.

DELIVERED:  October 31, 2006
---

CERTIFICATION OF CHIEF EXECUTIVE OFFICERPURSUANT
TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Anthony R. Harvey, the Chief Executive Officer of Canyon
Copper Corp. (the Company), hereby 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:

| | (i)  | the Quarterly Report on Form 10-Q of the Company, for the
      fiscal quarter ended December 31, 2009, and to which this certification is
      attached as Exhibit 32.1 (the Report) fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
      1934, as amended; and
| | ---- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                                                                                                                                                                                            
| | (ii) | the information contained in the Report fairly presents,
      in all material respects, the financial condition and results of
      operations of the Company.                                                                                                                                                           



| | By:    | /s/
      Anthony R. Harvey
| | ------ | ---------------------------
| |        |                            
| | Name:  | ANTHONY R. HARVEY          
| |        |                            
| | Title: | Chief Executive Officer    
| |        |                            
| | Date:  | February 11, 2010          





A signed original of this written statement required by
Section 906 of the Sarbanes-Oxley Act of 2002 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.

This certification accompanies the Form 10-Q to which it
relates, is not deemed filed with the Securities and Exchange Commission and is
not to be incorporated by reference into any filing of the Company under the
Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made
before or after the date of the Form 10-Q), irrespective of any general
incorporation language contained in such filing.

---