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



Exhibit 32.2

CERTIFICATE 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 WGNB Corp. (the Company) on Form
10-Q for the period ending June 30, 2003, as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Steven J. Haack,
Treasurer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted
pursuant to §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.

|                                                        |  | 
|------------------------------------------------------- |  | 
|Date: August 12, 2003                                   |  | 
|                                                        |  | 
|/s/ Steven J. Haack                                     |  | 
|                                                        |  | 
|Steven J. Haack
Treasurer
(Principal Financial Officer) |  | 

A signed original 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.
**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**








H.
      David
      Ramm, Chief Executive Officer, and John D. Giolli, Chief Financial Officer,
      of
      Millennium Cell Inc., a Delaware corporation (the “Company”), have executed this
      certification in connection with the filing with the Securities and Exchange
      Commission of the Company’s Quarterly Report on Form 10-Q for the quarter ended
      March 31, 2007 (the “Report”) and do 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 our 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 as of the
      dates
      and for the periods expressed in the Report.





A
      signed
      original of this written statement 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.








/s/
      H.
      David Ramm


H.
      David
      Ramm


Chief
      Executive Officer


May
      15,
      2007








/s/
      John D. Giolli


John
      D.
      Giolli


Chief
      Financial Officer


May
      15,
      2007
*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

FOR THE FIFTH CIRCUIT

_____________________

No. 98-60736

Summary Calendar

_____________________

JEROME SMITH, Dr.,

Plaintiff-Appellant,

versus

BOARD OF TRUSTEES OF THE OKOLONA MUNICIPAL

SEPARATE SCHOOL DISTRICT; W. HOWARD GUNN,

in his capacity as board member; EDDIE BRASFIELD,

in his capacity as board member; GEORGE MAYFIELD,

in his capacity as board member; WILLIAM

RANDLE, in his capacity as board member; LYNN

FAIR, in his capacity as board member; GERALD

HEGAN, Individually and in his capacity of Superintendent,

Defendants-Appellees.

_________________________________________________________________

Appeal from the United States District Court

for the Northern District of Mississippi

(1:97-CV-226-B-D)

_________________________________________________________________

July 26, 1999

Before WIENER, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

Dr. Jerome Smith appeals the summary judgment dismissing his

claims against the Board of Trustees and Superintendent of the

Okolona Municipal Separate School District, arising out of the nonrenewal of his contract as Principal of Okolona High School.

Although Smith failed to file any response to the summary

judgment motion, he contends now that the failure to renew his
- 2 -

contract violated his Fourteenth Amendment rights to be free from

racial discrimination and his First Amendment rights to speech and

assembly; that the Appellees violated his employment contract

rights by failing to give him a “corrective action plan”; and that

they violated his rights under MISS. CODE ANN. § 37-9-111, by failing

to timely notify him of the Board’s decision.

Pursuant to our review of the summary judgment record, we

conclude that the district court correctly determined that there is

no material fact issue. FED. R. CIV. P. 56(c). Accordingly,

essentially for the reasons stated by the district court, Smith v.

Board of Trustees, No. 1:97-CV-226-B-D (N.D. Miss. Oct. 30, 1998),

the judgment is

AFFIRMED
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

GREENWICH INSURANCE

COMPANY,

 Defendant-third-partyplaintiff - Appellant,

 v.

SHARON BANKOFIER; DUANE

BANKOFIER,

 Third-party-defendant -

Appellees.

No. 13-35127

D.C. No. 3:12-cv-00200-MO

MEMORANDUM*

Appeal from the United States District Court

for the District of Oregon

Michael W. Mosman, District Judge, Presiding

Argued and Submitted July 7, 2014

Portland, Oregon

Before: PREGERSON, PAEZ, and WATFORD, Circuit Judges.

Greenwich Insurance Company (“Greenwich Insurance”) appeals the district

court’s summary judgment in favor of Sharon and Duane Bankofier (“the

FILED

JUL 18 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.
Bankofiers”) in a diversity case brought by Oregon Realty against Greenwich

Insurance. The district court ruled that Greenwich Insurance had a duty to defend

the Bankofiers in an underlying lawsuit then pending in Oregon state court. As the

facts and procedural history are familiar to the parties, we do not recite them here

except as necessary to explain our disposition. We have jurisdiction under 28

U.S.C. § 1291, and we affirm.

Under Oregon law,

[w]hether an insurer has a duty to defend an action

against its insured depends on two documents: the

complaint and the insurance policy. 

. . . . 

The insurer has a duty to defend if the complaint

provides any basis for which the insurer provides

coverage. 

Ledford v. Gutoski, 877 P.2d 80, 82–83 (Or. 1994) (internal citations omitted).

Under Oregon Realty’s insurance policy, Greenwich Insurance had a duty to

defend claims arising “in the performance of real estate services.” Here, the

allegations in the complaint were sufficient to trigger Greenwich Insurance’s duty

to defend the Bankofiers because the complaint contained allegations of “real

estate services” related to the sale of the property. Among other things, the

complaint alleges that the Bankofiers negligently structured the sale of the property

to facilitate the subsequent investment of the sale proceeds. Thus, because the

2
complaint provided a basis for which there is coverage, Greenwich Insurance had a

duty to defend the Bankofiers.

Greenwich Insurance’s arguments that Exclusions E and J in the insurance

policy bar coverage are unpersuasive. Exclusion E is inapplicable. Because the

definition of the terms in Exclusion J are ambiguous, they should be construed in

favor of the insured. “[I]f the policy is ambiguous, we are required to apply the

rule that insurance policies are to be construed against the drafter.” Cain

Petroleum Inc. v. Zurich Am. Ins. Co., 224 Or. App. 235, 241–42 (2008) (citing

Hoffman Constr. Co. v. Fred S. James & Co., 836 P.2d 703 (Or. 1992)).

AFFIRMED.

3
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-85,568-02

EX PARTE JOSE AGUSTIN ALVARADO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 14-0672-CR-A-B IN THE 25TH DISTRICT COURT

FROM GUADALUPE COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex

parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of three

counts of indecency with a child and sentenced to ten years’ imprisonment.

On September 25, 2018, this Court remanded this application to the trial court for

findings of fact and conclusions of law on a single allegation of ineffective assistance of counsel. 

On December 7, 2018, the trial court signed findings of fact and conclusions of law which

address the ground pursuant to the remand order, but not Applicant’s other seven grounds. The
trial court recommended that relief be denied.

Based on the trial court’s findings of fact as well as this Court’s independent review of

the entire record, we deny relief.

Filed: January 9, 2019

Do not publish
OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Eonorabl6 malby 

County Attorney 

Jefferson County 

B6aumont* Toxaa 

mar Slrr 

K. Lono 

ion on lndulrtrial S8iOn6ra Court - 

, l aeept the valua- 

"p6rmanent tax expert" 1s without 

not d0rmd th0 mming of YOUF 

fore+, do not, in thls opinion, 

the duration OS a oontraat by the 

t for the employnmlt of tax oonsultants. 

t your attention to the 6ase OS Itoper +a. Hall, 

rein the W-0 Court of Civil Appeals upheld the 

raet betvsen the Commisslonera court of Frsestone 

oi evalurtion e-8, skilled in the valuation of 011 and @as proptmty. The opinion, written in ths foregoing 0880, statest 

'Authority to make suoh a <rontreat 8s the one 

under oonalderation is not oonferred by the terms 

of revised statute 2351, vhlah speelfled the general 

powers and dutLes of Commissioners Courts, nor have 

we found any other statutory provisions vhieh oan bs 

said to expressly authorlao suah ration. Expreae 

authority, however, is given to the Coanniasion6rs 

no coyyy~rc*noN a~~~~~,.~~*~~Fa~,~w~~~~~*~“~~~~~~~~~~~~~~~~~ 

Of ~uourtm, the so-dilad “Tam Expwt” o~otild net hirmrelf 

le@.ly get UN valuattbn on .indwtwial 

r 

qmrtios aa this official 

duty Is by Art&ale 7206 and 7212, ff.k.C. 

sionsrm Couxt, a,whg IUL i Bo 

d of Edsve;kc! in the Commia- 
.QOII, Shelby IL Long - Page 4 

S&d court, after hewlrz tha ~‘ELd~~, 

the vmltm of such property in awordmncs ulth the 

ewLdence tso introduced and 8s prov%ded for in the 

preceding article; and their sctfon in such cam or 

ca&tes shall lx.? final." 

erustirlg that t&J for4going Bar
----

EXHIBIT 31.1 

I, Michael Lee, chief executive officer of AlphaRx, Inc. certify that: 

> 
1.I have reviewed this quarterly  report on Form 10QSB of AlphaRx, Inc.; 
2. Based on my knowledge, this  quarterly report does 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 covered by 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 quarterly report; 

4. I am responsible for establishing and  maintaining disclosure controls and procedures (as defined in Exchange Act  Rules 13a-14 and 15d-14) for the registrant and have: 

a) designed such disclosure controls and    procedures to ensure that material information relating to the registrant,    including its consolidated subsidiaries, is made known to me 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 report my    conclusions about the effectiveness of the disclosure controls and    procedures based on my evaluation as of the Evaluation Date; 

5. We have disclosed, based on my most recent  evaluation, to the registrant's auditors and the audit committee of  registrant's board of directors (or persons performing the equivalent  functions): 

a) all significant 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 any material weaknesses in internal    controls; and 

b) any fraud, whether or not material, that    involves management or other employees who have a significant role in the    registrant's internal controls; and 

6. I have indicated in this  quarterly report whether there were significant changes in internal controls  or in other factors that could significantly affect internal controls  subsequent to the date of my most recent evaluation, including any corrective  actions with regard to significant deficiencies and material weaknesses. 

Date: August 12, 2005 

M/s/ Michael Lee 

Michael Lee, Chief Executive Officer
## Breadcrumb

-  Home 

# Explore Search: Earthquakes

link

link

### Latest Earthquakes

### Latest Earthquakes

View the latest earthquake events and information from the past 24 hours, 7 days, or 1 month.

Earthquake Hazards Program

Search the Earthquake Catalog

Earthquake data and products

Earthquake science

Earthquake FAQs

Filters

              - science_science(18)
              - products_data(5)
              - products_maps(3)
              - products_publications(106)
              - products_software(1)
              - products_web_tools(3)
              - multimedia_image(4)
              - multimedia_image-141771(3)
              - (-)multimedia_image-141775(1)
              - multimedia_video(7)
              - multimedia_video-149194(1)
              - multimedia_video-149195(4)
              - multimedia_video-149198(2)
              - news_news-149245(7)
              - news_news-149248(4)
              - news_news-149249(1)
              - news_news-149250(2)
              - news_other_news(3)
              - connect_staff_profiles(2)
              - other_basic-42(2)

## By Location

              - alaska(1)
              - american samoa(2)
              - california(9)
              - hawaii(22)
              - idaho(6)
              - illinois(1)
              - montana(8)
              - (-)oregon(1)
              - puerto rico(2)
              - washington(3)
              - wyoming(9)

## By Year

link

link

### Latest Earthquakes

### Latest Earthquakes

View the latest earthquake events and information from the past 24 hours, 7 days, or 1 month.

Earthquake Hazards Program

Search the Earthquake Catalog

Earthquake data and products

Earthquake science

Earthquake FAQs

Charts or Graphs        March 1, 2018        Earthquake Alerts: Early and Often? Or Possibly Late?
STATE of Louisiana v. Santos DARDAR

NO. 2017-KP-1058

Supreme Court of Louisiana.

November 20, 2018

Denied.
Exhibit 32

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 CardioNet, Inc. (the "Company") on Form 10-K for the year ended
December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of Joseph H. Capper, the President and Chief Executive Officer of the Company,
and Heather C. Getz, the Chief Financial Officer of the Company, hereby certifies, pursuant to and for purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to his or her knowledge:



/s/ JOSEPH H. CAPPER Joseph H. Capper President and Chief Executive Officer

/s/ HEATHER C. GETZ Heather C. Getz, CPA Chief Financial OfficerFebruary 25, 2011

February 25, 2011


---



QuickLinks
Victor ESTEVES, Appellant, v. STATE of Florida, Appellee.

No. 4D18-2860

District Court of Appeal of Florida, Fourth District.

[December 13, 2018]

W. Charles Fletcher, Jacksonville, for appellant.

No appearance required for appellee.

Per Curiam.

*Affirmed.*

Gerber, C.J., Ciklin and Forst, JJ., concur.
SKY ZONE LLC, Activepen LLC and Jonathan Hovell, Appellants, v. Michael Ryan WEEKLY, Appellee.

No. 4D18-1583

District Court of Appeal of Florida, Fourth District.

[December 19, 2018]

Charles M-P George of Law Offices of Charles M-P George, Coral Gables, and Derek H. Lloyd, Christopher R. Cooper and Loanmy Saranova of Chartwell Law Offices, Miami, for appellants.

Gary M. Farmer, Sr. and Gary M. Farmer, Jr. of Gary M. Farmer, Jr., P.A., Lighthouse Point, F. Catfish Abbott and Brittany R. Ford, Jacksonville, and Dixie Dan Powell, Crestview, for appellee.

Gerber, C.J.

The defendants in a personal injury action appeal from the circuit court's non-final order denying their motion to compel arbitration and stay litigation. The defendants' motion and the plaintiff's response raised several arguments of both a legal and evidentiary nature. The circuit court then held a hearing at which both legal arguments and evidence were presented. At the end of the allotted hearing time, the circuit court commented that the parties did not request an adequate amount of time, and the hearing ended abruptly without the court issuing an oral ruling. Shortly after the hearing, the circuit court entered an order summarily denying the defendants' motion.

Effective review of the circuit court's order is impossible. While the parties presented legal and factual arguments during the hearing, the circuit court's order contains no findings of facts, conclusions of law, or any basis for the circuit court's decision. *See* *Nationstar Mortgage, LLC v. Cullin* , 2018 WL 5984111 at *1 (Fla. 4th DCA Nov. 14, 2018) ("Because the trial court failed to state the basis for its decision and to make any factual findings on the record or in its final judgment, we are unable to conduct a meaningful appellate review."); *Exotic Motorcars and Jewelry, Inc. v. Essex Ins. Co.* , 111 So.3d 208, 209 (Fla. 4th DCA 2013) ("In cases where, as here, orders on review cannot be resolved without meaningful findings, effective review may be deemed impossible and the cause remanded for findings, notwithstanding that such findings may not be mandated by rule or statute.").

Ordinarily, we would remand the case to the circuit court to enter an amended order containing factual findings and legal conclusions to support its decision. *See* *id.*at 209-10 ("[W]e reverse and remand for the trial court to enter an amended final judgment and to make findings accordingly.").

However, because the judge who issued the order has since retired, we are left *891with no other choice but to remand the case for a new hearing before another judge who may issue an order capable of effective review. *See* *Cullin* , 2018 WL 5984111 at *2 ("If the trial judge is no longer serving or is unable to enter an amended final judgment reflecting the basis for the decision, then a new trial must be conducted.").

*Reversed and remanded for new hearing.*

Conner and Forst, JJ., concur.
**EXHIBIT 23**Consent of Independent Registered Public Accounting FirmWe consent to the incorporation by reference in the registration statement (No. 333-39523) on FormS-8 of our report dated May 19, 2006 appearing in the Annual Report on Form 11-K of TowerAutomotive Products Employee 401(k) Savings Plan for the year ended December 31, 2005./s/ Plante & Moran, PLLCGrand Rapids, Michigan
Exhibit 10.1 Silvergraph International, Inc.   James Chase Consulting Agreement September 10, 2007   Services  Chase shall provide the following services during the term of this agreement:  · Interface with existing investors and shareholders on a regular basis · Arrange and where appropriate make presentations to brokers, investment groups and market makers · Raise capital as required without commission  Term  · September 10, 2007  September 10. 2008, subject to the termination below  Termination  · Silvergraph and Chase may terminate this agreement upon five (5) days written notice.  Compensation  · 187,500 shares of Silvergraph restricted common stock at the end of each calendar month, with the first month pro rated.  For the period from September 10, 2007 through December 31, 2007, the stock compensation component shall accrue but not be paid until January 1, 2008 provided Chase has not terminated this Agreement. · $1,000 per week  Expenses  · Chase shall be reimbursed for reasonable documented expenses incurred on behalf of Silvergraph, provided expenses above $1,000 have been pre-approved by Silvergraph.  Status as Independent Contractor  Chase and Silvergraph are in agreement that Chase holds the status, for state and federal tax purposes, of independent contractor.   Chase shall report and pay to the proper state and federal agencies self-employment taxes upon all compensation earned in performance of this contract.   The Parties recognize that the following elements exist in their relationship  Silvergraph is not instructing Chase, No Training of Chase by Silvergraph, Chase can set his own work hours and Chase has discretion to determine where work is to be performed.
EXHIBIT 13.2


               CERTIFICATION OF THE PRINCIPAL 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 Amendment No. 1 to the annual report of Companhia de
Bebidas das Americas - AmBev (the "Company") on Form 20-F for the year ended
December 31, 2003 as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), I, Luis Felipe Pedreira Dutra Leite, Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss. 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.

                                            /s/Luis Felipe Pedreira Dutra Leite
                                            -----------------------------------
                                            Luis Felipe Pedreira Dutra Leite
                                            Chief Financial Officer
                                            Dated: July 9, 2004













     A signed original 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.