alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32.1





Certification of CEO and CFO

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 Shelter Properties V Limited Partnership (the "Partnership"), for the quarterly period ended March 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Martha L. Long, as the equivalent of the chief executive officer of the Partnership, and Stephen B. Waters, as the equivalent of the chief financial officer of the Partnership, each hereby certifies, 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 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 Partnership.



| |                        
| | -----------------------
| | /s/Martha L. Long      
| | Name: Martha L. Long   
| | Date: May 13, 2008     
| |                        
| | /s/Stephen B. Waters   
| | Name: Stephen B. Waters
| | Date: May 13, 2008     



This certification is furnished with this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Partnership for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
#### Gregory J. Lloyd et al., Appellants, v Town of Wheatfield, Respondent.

— Order affirmed, without costs. Memorandum: The complaint was properly dismissed. It is established law that a municipality enjoys absolute immunity from suit in tort for damages based on the erroneous denial of a building permit *(Rottkamp v Young,*21 AD2d 373, 376, *affd*15 NY2d 831; *see, Tango v Tulevech,*61 NY2d 34, 40-41; *154 E. Park Ave. Corp. v City of Long Beach,*52 NY2d 991, 993). This immunity is founded on public policy *(see, Matter of Film way s Communications v Douglas,*106 AD2d 185; *Santangelo v State of New York,*101 AD2d 20, 25-26; 2 Harper and James, Law of Torts § 29.10). Such policy-based immunity applies even though the issuance of a building permit may be compelled in a CPLR article 78 proceeding by a writ of mandamus *(see, Santangelo v State of New York, supra,*pp 25-26; 2 Harper and James, Law of Torts § 29.10, at 1638). In such a context, the policy questions giving rise to immunity from suit in tort do not exist.

,. All concur, except Doerr, J., who dissents and votes to reverse and reinstate the complaint in the following memorandum.

Doerr, J.

(dissenting). I cannot agree that a per se rule of immunity exists in favor of a municipality for the erroneous denial of a building permit. On the facts of this case, I feel such a conclusion is flawed whether based upon public policy or any other reason.

While the majority has, perhaps by design, shunned any reference to the “discretionary-ministerial” dichotomy with reference to the nature of the acts of municipal officers in determining whether tort liability should attach, in my view, existing *1085law does not permit such avoidance. Indeed, the cases relied upon by my colleagues all involved findings by the court that the acts of the municipal employee upon which tort liability was sought to be predicated involved discretionary or quasi-judicial judgments of the officer *(see, Tango v Tulevech,*61 NY2d 34; *154 E. Park Ave. Corp. v City of Long Beach,*52 NY2d 991; *Rottkamp v Young,*21 AD2d 373, *affd*15 NY2d 831; *Santangelo v State of New York,*101 AD2d 20). On the record before us, it cannot seriously be argued that the building inspector’s function involved anything more than a ministerial act. The zoning ordinance required a minimum building setback of 50 feet. Plaintiff applied for a building permit with a 150-foot setback. Nothing more than an arithmetic computation was required but, for reasons not explained in the record, the building inspector denied the application. “[W]hen official action involves the exercise of discretion, the officer is not liable for the injurious consequences of that action even if resulting from negligence or malice. Conversely, when the action is exclusively ministerial, the officer will be liable if it is otherwise tortious and not justifiable pursuant to statutory command” *(Tango v Tulevech, supra,*p 40).

The order should be reversed and the complaint reinstated. (Appeal from order of Supreme Court, Niagara County, Gossel, J. — summary judgment.) Present — Hancock, Jr., J. P., Doerr, Denman, Green and O’Donnell, JJ.
I 

109TH CONGRESS 

1ST SESSION H. R. 1777 

To suspend temporarily the duty on Pyrimethanil. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2005 

Mr. HULSHOF introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on Pyrimethanil. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PYRIMETHANIL. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.05.53 2-Anilino-4,6- 

dimethylpyrimidine 

(pyrimethanil) (CAS No. 

53112–28–0) (provided for 

in subheading 2933.59.15) .. Free No change No change On or before 

12/31/2008 ’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 
2 

•HR 1777 IH 

1 warehouse for consumption, on or after the 15th day after 

2 the date of enactment of this Act. 

Æ
I 

109TH CONGRESS 

1ST SESSION H. R. 1921 

To suspend temporarily the duty on 3,5-Difluoroaniline. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2005 

Mr. HULSHOF introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on 3,5-Difluoroaniline. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. 3,5-DIFLUOROANILINE. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.05.66 3,5-Difluoroaniline (CAS 

No. 372–39–4) (provided for 

in subheading 2921.42.65) .. Free No change No change On or before 

12/31/2008 ’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 
2 

•HR 1921 IH 

1 warehouse for consumption, on or after the 15th day after 

2 the date of enactment of this Act. 

Æ
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000712964
<NAME> SEALRIGHT CO., INC.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           1,421
<SECURITIES>                                         0
<RECEIVABLES>                                   28,800
<ALLOWANCES>                                       583
<INVENTORY>                                     45,049
<CURRENT-ASSETS>                                76,219
<PP&E>                                         240,073
<DEPRECIATION>                                 112,664
<TOTAL-ASSETS>                                 218,172
<CURRENT-LIABILITIES>                           32,491
<BONDS>                                         74,150
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,107
<OTHER-SE>                                      94,593
<TOTAL-LIABILITY-AND-EQUITY>                   218,172
<SALES>                                        199,374
<TOTAL-REVENUES>                               199,374
<CGS>                                          167,980
<TOTAL-COSTS>                                  167,980
<OTHER-EXPENSES>                                21,563
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,004
<INCOME-PRETAX>                                  5,827
<INCOME-TAX>                                     2,125
<INCOME-CONTINUING>                              3,702
<DISCONTINUED>                                      54
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,756
<EPS-PRIMARY>                                     0.34
<EPS-DILUTED>                                     0.34
        

</TABLE>
Gregory C. KAPORDELIS, petitioner, v. UNITED STATES.

No. 12-10953.

Supreme Court of the United States

Nov. 12, 2013.

Petition for rehearing denied.

Justice KAGAN took no part in the consideration or decision of this petition.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1585 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 1585

    To amend title 38, United States Code, to require Department of 
  Veterans Affairs pharmacies to dispense medications to veterans for 
prescriptions written by private practitioners, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 12, 2005

  Mr. Wicker introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
    To amend title 38, United States Code, to require Department of 
  Veterans Affairs pharmacies to dispense medications to veterans for 
prescriptions written by private practitioners, 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. SHORT TITLE.

    This Act may be cited as the ``Veterans Prescription Access 
Improvement Act''.

SEC. 2. AUTHORITY OF DEPARTMENT OF VETERANS AFFAIRS PHARMACIES TO 
              DISPENSE MEDICATIONS TO VETERANS ON PRESCRIPTIONS WRITTEN 
              BY PRIVATE PRACTITIONERS.

    (a) Authority.--Section 1712(d) of title 38, United States Code, is 
amended to read as follows:
    ``(d) Subject to section 1722A of this title, the Secretary shall 
furnish to a veteran such drugs and medicines as may be ordered on 
prescription of a duly licensed physician in the treatment of any 
illness or injury of the veteran.''.
    (b) Clerical Amendments.--(1) The heading of section 1712 of such 
title is amended by striking the sixth through ninth words.
    (2) The item relating to section 1712 in the table of sections at 
the beginning of chapter 17 of such title is amended by striking the 
sixth through ninth words.
                                 <all>
```
[No. 39506-8-I.

Division One.

September 20, 1997.]

#### The State of Washington, *Respondent,*v. James P. Walters, *Defendant,*Eric L. Larson, *Appellant.*

Appeal from a judgment of the Superior Court for King County, No. 96-1-01056-8, Faith Enyeart Ireland, J., entered September 16, 1996. *Affirmed*by unpublished per curiam opinion.
OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS 

## OFRCiAi:BUSINESS'' »" 'k^'h^m *"<T % STATE OF TEXAS PENALTY FOR 

# 11/26/20l/RIVATEUSE MOORE, ROBERT CHARLES 

### fS&^^L^^^^^^3

RTNCT BOWES 02 1M 0004279596 NOV 26 2014 

## Tr.Ct. NoTC-372-0-1 oWPo|R3%Waode / WR-82,371-01 This is to advise that the Court has denied without written order the application for 

## writofhabeas corpus. Afl ^ci^c f* J?JAbel Acosta, Clerk ROBERT CHARLES MOORE V

5ESN3B 7&42S M T X T F 7S a 4E 1?7ft 2212/18/14



## 8C: 78711230888 *2382-65651-17- 45 

# J'Vl»_'jlH«i«<|»..l,J,,.Hlj,njl,J,l|,J1,,}},|1Hljl|vl|M|1
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

MATTHEW BISSONNETTE, )

)

Plaintiff, )

)

v. ) CAUSE NO. 1:15-cv-00334-RL-SLC

)

KEVIN PODLASKI and )

CARSON BOXBERGER, LLP, )

) 

Defendants. )

OPINION AND ORDER

Plaintiff Matthew Bissonnette filed a complaint against Defendants Kevin Podlaski and

Carson Boxberger, LLP, on November 9, 2015, alleging that this Court has diversity jurisdiction

pursuant to 28 U.S.C. § 1332. (DE 1). The complaint recites that Bissonnette is a citizen of

Texas, that Podlaski is a citizen of Indiana, and that Carson Boxberger, LLP, “is a limited

liability partnership practicing law in Indiana” with its principal office located in Indiana. (DE 1

¶¶ 5-7). 

The complaint, however, fails to adequately allege the citizenship of Carson Boxberger,

LLP, for purposes of diversity jurisdiction. “[A] limited liability partnership has the citizenship

of all of its partners.” Morgan, Lewis & Bockius LLP v. City of East Chi., No. 08 C 2748, 2008

WL 4812658, at *1 (N.D. Ill. Oct. 29, 2008) (citing Carden v. Arkuma Assocs., 494 U.S. 185

(1990); Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998)); see Guar. Nat’l Title Co. v.

J.E.G. Assocs., 101 F.3d 57, 59 (7th Cir. 1996) (explaining that the court would “need to know

the name and citizenship(s)” of each partner for diversity jurisdiction purposes); Bosshard Bogs,

LLP v. Cliffstar Corp., No. 02-C-0034-C, 2002 WL 32360299, at *3 (W.D. Wis. Sept. 16, 2002)

(“The citizenship of either a limited liability partnership or a limited liability company is the
citizenship of each of its partners or members, not the location of its principal place of business.”

(citing Cosgrove, 150 F.3d at 731)). Moreover, “the citizenship of unincorporated associations

must be traced through however many layers of partners or members there may be.” Meyerson

v. Showboat Marina Casino P’ship, 312 F.3d 318, 320 (7th Cir. 2002) (citations omitted). 

Anything less can result in a dismissal for want of jurisdiction. Mut. Assignment & Indem. Co. v.

Lind-Waldock & Co., LLC, 364 F.3d 858, 861 (7th Cir. 2004).

Therefore, Bissonnette is ORDERED to supplement the record by filing an amended

complaint on or before November 24, 2015, that properly alleges the citizenship of Carson

Boxberger, LLP, by setting forth the identity and citizenship of each of its partners, tracing

through all applicable layers of ownership.

SO ORDERED.

Enter for this 12th day of November 2015.

/s/ Susan Collins 

Susan Collins

United States Magistrate Judge

2
Karin KLEIN, petitioner, v. TAP PHARMACEUTICAL PRODUCTS, INC., et al.

No. 13-542.

Supreme Court of the United States

Dec. 9, 2013.

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

Justice ALITO took no part in the consideration or decision of this petition.
<PAGE>

                                                                    Exhibit 32.1

                        Certification of CEO 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 10Q of Information Resources,
Inc. (the "Company") for the quarterly period ended September 30, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
Joseph P. Durrett, Chief Executive Officer of the Company, hereby certifies,
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 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.

/s/ Joseph P. Durrett
------------------------------------
Joseph P. Durrett
Chief Executive Officer
November 13, 2003

This certification accompanies the Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
Exhibit
      32.1





**SECTION
      906 CERTIFICATION**





I,
      Jeffrey F. O'Donnell, Chief Executive Officer of PhotoMedex, Inc., a Delaware
      corporation (the "Company"), do hereby certify, in accordance with 18 U.S.C.
      Section 1350, as created pursuant to Section 906 of the Sarbanes-Oxley Act
      of
      2002, that:





(1)
      the
      accompanying Quarterly Report on Form 10-Q of the Company for the quarter ended
      June 30, 2006 (the "Report") fully complies with the requirements of Section
      13(a) or 15(d), as applicable, 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 9, 2006
            By:
            /s/ Jeffrey
              F. O'DonnellJeffrey
              F. O'DonnellChief
              Executive Officer




A
      signed
      original of this written statement required by Section 906 of the Sarbanes-Oxley
      Act of 2002 (“Section 906”), or other document authenticating, acknowledging, or
      otherwise adopting the signature that appears in typed form within the
      electronic version of this written statement required by Section 906, has been
      provided to PhotoMedex, Inc. and will be retained by PhotoMedex, Inc. and
      furnished to the Securities and Exchange Commission or its staff upon
      request.
Exhibit 32.2

CERTIFICATION

Pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 (18 U.S.C.§ 1350, as adopted), Robert G. Gargus, Chief Financial Officer of Applied Micro Circuits Corporation (the Company), hereby certifies that, to the best of his knowledge:



|1. | This Quarterly Report on Form 10-Q for the quarterly period ended September 30, 2009 (the Report) fully complies with the requirements of
Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended (the Exchange Act).
|-- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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

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 (SEC) or its staff upon request.

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



/s/ ROBERT G. GARGUSRobert G. Gargus,Senior Vice President and Chief Financial Officer


Dated: October 30, 2009
I 

109TH CONGRESS 

1ST SESSION H. R. 1856 

To extend the temporary duty suspension on C12–18 Alkenes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2005 

Mr. RANGEL introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To extend the temporary duty suspension on C12–18 

Alkenes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. C12–18 ALKENES. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by striking heading 9902.03.86 and inserting the 

7 following: 

‘‘ 9902.03.86 C12–18 alkenes, polymers 

(TPX) with 4-methyl-1- 

pentene (CAS Nos. 25155– 

83–3, 81229–87–0, and 

103908–22–1) (provided for 

in subheading 3902.90.00) .. Free No change No change On or before 

12/31/2008 ’’. 
2 

•HR 1856 IH 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall apply with respect to goods entered, or 

3 withdrawn from warehouse for consumption, on or after 

4 the 15th day after the date of the enactment of this Act. 

Æ
[No. 20659-5-II.

Division Two.

August 22, 1997.]

#### The State of Washington, *Petitioner,*v. James A. Hayes, *Respondent.*

Appeal from a judgment of the Superior Court for Pierce County, No. 94-1-03613-2, Rosanne Buckner, J., entered March 29,1996. *Reversed*by unpublished opinion per Seinfeld, J., concurred in by Armstrong and Hunt, JJ.
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 905 of the Sarbanes-Oxley Act of 2002 (subsections (a) and
(b) of Section 1350, Chapter 63 of Title 18, United States Code), I, Jean-Luc
Berger, President and Chief Executive Officer of Kyto Biopharma, Inc., a Florida
corporation (the "Company"), do hereby certify, to the best of my knowledge,
that:

      (1)    the Company's Annual Report on Form 10-KSB for the period ended
             March 31, 2004, as filed with the Securities Exchange Commission on
             the date hereof (the "Report") fully complies, in all material
             respects, 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 for the periods presented therein.


Date:  June 25, 2004                  By: /s/ Jean-Luc Berger
                                          ------------------------
                                          Jean-Luc Berger
                                          President & Chief Executive Officer