alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 32.2**

**CERTIFICATION OF PERIODIC REPORT**

I, Barry J. Susson, Chief Financial Officer of Deb Shops, Inc. (the “Company”), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

(1)     the Quarterly Report on Form 10-Q of the Company for the quarterly period ended April 30, 2006 (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: June 9, 2006

 

 

 

 

 

 

|   |   |   |                                                                                                |
|--------|--------|--------|-----------------------------------------------------------------------------------------------------|
|        |   |   | /s/ Barry J. Susson, CPA                                                                            |
|   |   |   |  

 

 

Barry J. Susson, CPAChief Financial Officer and Assistant Secretary

  |
#### Charles W. Tillinghast, as Trustee, etc., Appellant, *v.*The Troy and Boston Railroad Company et al., Respondents.

(Argued March 11, 1890;

decided April 15, 1890.)

Appeal from order of the General Term of the Supreme Court in the third judicial department, made May 17, 1888, *650which reversed order of Special Term denying motions for stay of proceedings, and granted said motions.

*Esek Oowen*for appellant.

*Charles E. Patterson*and *John B. Gale*for respondents. ■.

Agree to affirm on opinion below.

All concur.

Order affirmed.
# Fo **urth Court of Appeals**

**San Antonio, Texas**

November 22, 2022

No. 04

- 22

- 00540

- CV

Al SUAREZ , as Mayor of the City of Converse, Jeff Beehler, as Place 5 Member, City Council of the City of Converse, Kathy Richel, as Place 1 Member, City Council of the City o f Converse, Shawn Russell as Place 3 Member, City Council of the City of Converse, Marc Gilbert, as Place 6 Member, City Council of the City of Converse, Le Ann Piatt, City Manager of the City of Converse, Holly Nagy as Secretary of the City of Converse, a nd the City of Converse, Appellants

v.

Katherine SILVAS

, Appellee

From the 438th Judicial District Court

, Bexar County, Texas

Trial Court No. 2019CI22419

Honorable Aaron Haas , Judge Presiding



### ORDER

The Appellee ’ s Unoppo sed Second Motion for Extension of Time to File Brief is

GRANTED. The appellee ’ s brief is due on January 10, 2023. No further requests for extensions

of time will be allowed.

_________________________________ Rebeca C. Martinez, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 22nd day of November, 2022

.

___________________________________ MICHAEL A. CRUZ

, Clerk of Court
---

EXHIBIT 32.1

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

I, Kenneth Hicks, President of Argentex Mining Corporation,
hereby 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 Annual Report on Form 10-KSB/A of Argentex Mining
      Corporation for the year ended January 31, 2008 (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 Argentex Mining Corporation.                                                                 

Dated: April 29, 2009

| | /s/ Kenneth Hicks            
| | -----------------------------
| | Kenneth Hicks                
| | President                    
| | (Principal Executive Officer)
| | Argentex Mining Corporation  

A signed original of this written statement required by 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 Argentex Mining
Corporation and will be retained by Argentex Mining Corporation and furnished to
the Securities and Exchange Commission or its staff upon request.

---
#### Hixson, Appellant, *v.*Callentine et al.; Westport Insurance Company, Appellee.

[Cite as *Hixson v. Callentine,*107 Ohio St.3d 1208, 2005-Ohio-6508.]

(No. 2005-0290

Submitted October 12, 2005

Decided December 28, 2005.)

Steven G. Thomakos, L.L.C., and Steven G. Thomakos, for appellant.

Ulmer & Berne, L.L.P., David L. Lester, and David L. Eidelberg; Schindel, Farman & Lipsius, L.L.P., and Laurence J. Rabinovich, for appellee.

Davis & Young and Richard M. Garner, urging affirmance for amicus curiae, Avis Rent A Car System, Inc.

{¶ 1} The certification of conflict is dismissed, sua sponte, as having been improvidently certified; there is a want of a conflict.

Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur.
[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Page 35839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14595]


=======================================================================
-----------------------------------------------------------------------

RAILROAD RETIREMENT BOARD


Sunshine Act Meetings

TIME AND DATE: 10:00 a.m., July 21, 2021.

PLACE: Members of the public wishing to attend the open portion of the 
meeting must submit a written request at least 24 hours prior to the 
meeting to receive dial-in information. All requests must be sent to 
<a href="/cdn-cgi/l/email-protection#ecbf898f9e89988d9e959883988489ae838d9e88ac9e9e8ec28b839a"><span class="__cf_email__" data-cfemail="83d0e6e0f1e6f7e2f1faf7ecf7ebe6c1ece2f1e7c3f1f1e1ade4ecf5">[email protected]</span></a>.

STATUS: The initial part of this meeting will be open to the public. 
The rest of the meeting will be closed to the public.

Portions Open to the Public

(1) Budget Briefing
(2) Enterprise Risk Management
(3) Legislative Briefing
(4) Status of Appeals
(5) Agency Operations

Portions Closed to the Public

(1) Personnel Matter

CONTACT PERSON FOR MORE INFORMATION: Stephanie Hillyard, Secretary to 
the Board, (312) 751-4920.

    Authority: 5 U.S.C. 552b

    Dated: July 2, 2021.
Stephanie Hillyard,
Secretary to the Board.
[FR Doc. 2021-14595 Filed 7-2-21; 4:15 pm]
BILLING CODE 7905-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Exhibit 32.1

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

I, Carl F. Fahrenkrug, Chief Executive Officer of Microwave Filter Company,
Inc. (the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. Section 1350, that:

(1) the quarterly Report on Form 10-Q of the Company for the period ended
December 31, 2009 (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.

Dated: February 11, 2010                    /s/ Carl F. Fahrenkrug
                                                Carl F. Fahrenkrug
                                                Chief Executive Officer

<page>
                                                                    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

I, Richard L. Jones, Chief Financial Officer of Microwave Filter Company, Inc.
(the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, 18 U.S.C. Section 1350, that:

(1) the quarterly Report on Form 10-Q of the Company for the period ended
December 31, 2009 (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.

Dated: February 11, 2010                    /s/ Richard L. Jones
                                                Richard L. Jones
                                                Chief Financial Officer
ex10-35.htm


Exhibit 10.35

 

AMENDMENT TO EMPLOYMENT AGREEMENT

 

 

This AMENDMENT TO EMPLOYMENT AGREEMENT (this "Amendment") is entered into effective as of January 5, 2015 by and among Kips Bay Medical, Inc., a Delaware corporation (the "Company"), and Scott Kellen ("Employee").

 

WHEREAS, the Company and Employee are parties to that certain Employment Agreement dated February 8, 2010 (the "Employment Agreement").

 

WHEREAS, in connection with a restructuring of the Company, the Company and the Employee have agreed to amend certain provisions of the Employment Agreement as set forth herein; and

 

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties hereto hereby agree as follows:

 

	
1.
	
Capitalized terms used in this Amendment, to the extent not otherwise defined herein, shall have the same meaning as in the Employment Agreement.



 

	
2.
	
Section 4(a) of the Employment Agreement shall be amended to add the following sentence:



 

"Notwithstanding the foregoing, the Company and the Employee agree that the Employee's salary shall be temporarily reduced from $230,625 per year to $200,000 per year, effective as of January 5, 2015 and continuing until such time as the Company decides to reinstate the Employee's salary back to $230,625 per year, or such other amount as determined by the Company. The parties understand, acknowledge and agree that in consideration for such temporary reduction in the Employee's salary, the Employee shall receive periodic stock option grants, in such amounts as determined by the Company."

 

	
3. 
	
This Amendment evidences the entire agreement of the parties hereto with respect to the subject matter hereof, and all prior oral discussions and writings are merged into this Amendment.



 

	
4.
	
Except as specifically set forth herein, the Employment Agreement remains in full force and effect.



 

	
5.
	
This Amendment may be executed in two or more counterparts, all of which when taken together shall be considered one and the same agreement and shall become effective when counterparts have been signed by each party hereto and delivered to the other party, it being understood that both parties hereto need not sign the same counterpart. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf' signature page were an original thereof.



 

[Remainder of page intentionally left blank; signature page follows]

 


 

 




 


 

IN WITNESS WHEREOF, the patties have executed this Amendment effective as of the date first written above. 

 

 

	
 
	
KIPS BAY MEDICAL, INC.
	
 

	
 
	
 
	
 
	
 

	
 
	
 
	
 
	
 

	
 
	
By:
	
/s/ Manny Villafana
	
 

	
 
	
Name:
	
Manny Villafana
	
 

	
 
	
Title: 
	
Chairman & CEO
	
 



 

 

 

	
 
	
EMPLOYEE
	
 

	
 
	
 
	
 

	
 
	
/s/ Scott Kellen
	
 

	
 
	
Scott Kellen
	
 



  

 

2
Exhibit 31.2

CERTIFICATIONS

I, Kurt C. Hall, Co-Chief Executive Officer of Regal Entertainment Group, certify that:

1.     I
have reviewed this annual report on Form 10-K of Regal Entertainment Group;

2.     Based
on my knowledge, this 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 report;

3.     Based
on my knowledge, the financial statements, and other financial information included 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 periods presented in this report;

4.     The
registrant's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and
15d-15(f)) for the registrant and have:



5.     The
registrant's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's
auditors and the audit committee of registrant's board of directors (or persons performing the equivalent function):



Date:
March 15, 2005

| |  | By: |  | /s/KURT C. HALLKurt C. Hall
Co-Chief Executive Officer
| |  | --- |  | ------------------------------------------------------



QuickLinks
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-40574

Conference Calendar

 

TIMOTHY PAUL MARTIN,

Plaintiff-Appellant,

versus

ORLANDO PEREZ, Senior Warden;

W. BOOTH; R. GLOVER, Captain; K.

DIXON, Captain; D. BLACKWELL; L.

SMITH, Corrections Officer III; J.

GUITERREZZ; S. PHIPPS; R. MENCHACA;

JAMES COLLINS, Director; GARY L. JOHNSON,

DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL

JUSTICE, INSTITUTIONAL DIVISION; WAYNE

SCOTT, DIRECTOR, TEXAS DEPARTMENT OF

CRIMINAL JUSTICE, INSTITUTIONAL DIVISION;

BRIAN RODEEN, Major,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. C-97-CV-444

- - - - - - - - - -

June 15, 1999

Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges. 

PER CURIAM:*

Timothy Paul Martin, Texas state prisoner #566302, appeals

from the district court’s order denying his motion for injunctive

relief. He argues that he has been retaliated against by the 
No. 98-40574

-2-

defendants for filing grievances and will likely suffer an

irreparable injury. We have carefully reviewed the appellate

record and have found no reversible error. The district court

did not abuse its discretion by denying Martin’s motion for a

preliminary injunction. See Lakedreams v. Taylor, 932 F.2d 1103,

1106 (5th Cir. 1991). This appeal is frivolous and is therefore

DISMISSED. See 5TH CIR. R. 42.2. 

The dismissal of this appeal as frivolous counts as a strike

for purposes of 28 U.S.C. § 1915(g). We caution Martin that once

he accumulates three strikes, he may not proceed IFP in any civil

action or appeal filed while he is incarcerated or detained in

any facility unless he is under imminent danger of serious

physical injury. See 28 U.S.C. § 1915(g). 

APPEAL DISMISSED.
II 

112TH CONGRESS 

1ST SESSION S. 415 

To provide the FCC with authority to conduct incentive auctions, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 17, 2011 

Mr. WARNER introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To provide the FCC with authority to conduct incentive 

auctions, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Spectrum Optimization 

5 Act’’. 

6 SEC. 2. PROVISION OF INCENTIVE AUCTION AUTHORITY. 

7 Paragraph (8) of section 309(j) of the Communica8 tions Act of 1934 (47 U.S.C. 309(j)) is amended— 


tjames on DSKG8SOYB1PROD with BILLS
2 

•S 415 IS

1 (1) in subparagraph (A), by striking ‘‘(B), (D), 

2 and (E),’’ and inserting ‘‘(B), (D), (E), and (F),’’; 

3 and 

4 (2) by adding at the end the following: 

5 ‘‘(F) VOLUNTARY INCENTIVE AUCTION AU6 THORITY.— 

7 ‘‘(i) ESTABLISHMENT OF RULES.— 

8 Not later than 180 days after the date of 

9 enactment of the Spectrum Optimization 

10 Act, the Commission shall establish rules 

11 for the conduct of auctions of licensed 

12 spectrum that is voluntarily relinquished 

13 by a licensee for assignment of new initial 

14 licenses subject to new service rules or for 

15 other purposes, in which a portion of the 

16 auction proceeds are shared with such re17 linquishing licensees, consistent with the 

18 public interest in maximizing utilization of 

19 the spectrum. 

20 ‘‘(ii) CONTENT OF RULES.—The rules 

21 established under clause (i) shall— 

22 ‘‘(I) identify the initial spectrum 

23 band or bands that will be eligible for 

24 incentive auctions under this subpara25 graph; 


tjames on DSKG8SOYB1PROD with BILLS
3 

•S 415 IS

1 ‘‘(II) establish a maximum rev2 enue sharing threshold applicable to 

3 all licensees within any auction, unless 

4 the establishment of such threshold 

5 would increase the amount of spec6 trum cleared or would increase the net 

7 revenue from the auction of such 

8 spectrum; and 

9 ‘‘(III) minimize the cost to the 

10 taxpayer of the transition of the spec11 trum to be auctioned to its newly 

12 identified use. 

13 ‘‘(iii) SCHEDULE FOR AUCTIONS.— 

14 ‘‘(I) INITIAL AUCTION.—The 

15 Commission shall commence incentive 

16 auctions under this subparagraph not 

17 later than 2 years after the date of 

18 enactment of the Spectrum Optimiza19 tion Act. 

20 ‘‘(II) OTHER SPECTRUM.—The 

21 Commission may, in its discretion and 

22 at any time after the date of enact23 ment of the Spectrum Optimization 

24 Act, use the authority provided in this 

25 subparagraph in connection with the 


tjames on DSKG8SOYB1PROD with BILLS
4 

•S 415 IS

1 auction of other licensed spectrum, 

2 provided that the auction of such 

3 other spectrum is conducted pursuant 

4 to the rules established under this 

5 subparagraph.’’. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
* 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

April 18, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-40510

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CHRISTIAN ALFREDO PRADO-VASQUEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:05-CR-766-ALL

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

Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges.

PER CURIAM:*

Christian Alfredo Prado-Vasquez appeals his guilty-plea

conviction of, and sentence for, violating 8 U.S.C. § 1326 by

attempting to enter the United States without permission after

deportation. He argues, in light of Apprendi v. New Jersey,

530 U.S. 466 (2000), that the 46-month term of imprisonment

imposed in his case exceeds the statutory maximum sentence

allowed for the § 1326(a) offense charged in his indictment. 

He challenges the constitutionality of § 1326(b)’s treatment of

prior felony and aggravated felony convictions as sentencing
No. 06-40510

-2-

factors rather than elements of the offense that must be found by

a jury. 

Prado-Vasquez’s constitutional challenge is foreclosed by

Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998). 

Although he contends that Almendarez-Torres was incorrectly

decided and that a majority of the Supreme Court would overrule

Almendarez-Torres in light of Apprendi, we have repeatedly

rejected such arguments on the basis that Almendarez-Torres

remains binding. See United States v. Garza-Lopez, 410 F.3d 268,

276 (5th Cir.), cert. denied, 126 S. Ct. 298 (2005). PradoVasquez properly concedes that his argument is foreclosed in

light of Almendarez-Torres and circuit precedent, but he raises

it here to preserve it for further review. The judgment of the

district court is AFFIRMED.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

DIDKYEULER CASTILLO and SHER LY AGUILAR

, Appellant s

,

v.

CITIZENS PROPERTY INSURANCE CORPORATION

, Appellee.

No. 4D2022

- 3284

[ January 18, 2024 ]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit,

Broward County; Hon. Jeffrey R. Levenson, Judge; L.T. Case No.

CACE21003464.

Melissa A

. Giasi and Erin M. Berger of Giasi Law, P.A., Tampa, for

appellant s

.

David C. Borucke of Cole, Sc ott & Kissane, P.A., Tampa, for appellee.

P ER C URIAM

.

Affirmed

.

M AY

, C IKLIN and G ERBER

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.