alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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 amended quarterly report on Form 10-Q/A of Franklin
Street Properties Corp. (the "Company") for the period ended March 31, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), the undersigned, Barbara J. Corinha, Vice President and Chief
Operating Officer (equivalent of Chief Financial Officer), Treasurer and
Secretary of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350,
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 operation
            of the Company.




Dated:  May 3, 2004                  /s/ Barbara J. Corinha
                                     --------------------------------
                                     Vice President and Chief Operating Officer
                                     (equivalent of Chief Financial Officer),
                                     Treasurer and Secretary


                                       28
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<PERIOD-START>                             FEB-01-1997
<PERIOD-END>                               OCT-31-1997
<CASH>                                          30,720
<SECURITIES>                                         0
<RECEIVABLES>                                      823
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<INVENTORY>                                     78,813
<CURRENT-ASSETS>                               110,356
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<TOTAL-ASSETS>                                 150,846
<CURRENT-LIABILITIES>                           57,211
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<TOTAL-LIABILITY-AND-EQUITY>                   150,846
<SALES>                                         60,762
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<CGS>                                           43,911
<TOTAL-COSTS>                                   26,811
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (3,797)
<INCOME-PRETAX>                                  1,618
<INCOME-TAX>                                       648
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</TABLE>
The Honorable Carol E. Jackson, United States District 1

Judge for the Eastern District of Missouri.

___________

No. 96-3575

___________

United States of America, *

 *

Appellee, *

 *

v. * Appeal from the United States

 * District Court for the

Rodney White, also known as * Eastern District of Missouri.

Rodney Members, also know as *

Paul Rogers, * [UNPUBLISHED]

 *

Appellant. *

___________

 Submitted: January 23, 1997

 Filed: January 31, 1997

___________

Before HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges.

___________

PER CURIAM.

Rodney White appeals the 60-month sentence imposed by the district

court after he pleaded guilty to conspiracy to commit credit card fraud, 1

in violation of 18 U.S.C. § 1029(a) and (b)(2). White argues he should

have received an acceptance-of-responsibility reduction under U.S.

Sentencing Guidelines Manual § 3E1.1 (1995). 

We note that White fled from the police, gave false information upon

his initial arrest, escaped and eluded recapture for over a year, pleaded

guilty only six days before his scheduled trial, and received an

obstruction-of-justice enhancement under
-2-

U.S. Sentencing Guidelines Manual § 3C1.1 (1995). We conclude the district

court did not clearly err by denying White an acceptance-of-responsibility

reduction. See United States v. Nguyen, 52 F.3d 192, 194 (8th Cir. 1995)

(standard of review); U.S. Sentencing Guidelines Manual § 3E1.1, comment.

(n.1(d)) (considerations include whether defendant promptly and voluntarily

surrendered to police), (n.4) (absent extraordinary circumstances, § 3C1.1

enhancement precludes § 3E1.1 reduction) (1995).

Accordingly, we affirm.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
III 

112TH CONGRESS 

1ST SESSION S. RES. 235 

Designating 2011 as ‘‘The Year of the Family Caregiver’’. 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2011 

Ms. MIKULSKI (for herself, Mr. SANDERS, and Ms. SNOWE) submitted the 

following resolution; which was considered and agreed to 

RESOLUTION 

Designating 2011 as ‘‘The Year of the Family Caregiver’’. 

Whereas there are more than 65,000,000 people in the 

United States serving as family caregivers for a family 

member or friend with a disability, chronic illness, or the 

frailties associated with old age; 

Whereas family caregivers in the United States are family, 

friends, partners, and neighbors who choose to provide 

care out of feelings of love or a sense of duty; 

Whereas family caregivers deal with significant medical and 

psycho-social issues that require complex care management and coordination with numerous medical providers; 

Whereas family caregivers provide 80 percent of all long-term 

care services in the United States; 

Whereas despite the physical, psychological, and financial 

hardship that caregivers endure, these individuals provide 


rfrederick on DSKD9S0YB1PROD with BILLS
2 

•SRES 235 ATS 

high-quality services that bring countless benefits to their 

care recipients and to society; and 

Whereas the people of the United States should acknowledge 

the vital role of family caregivers, enable such caregivers 

to live healthier, less stressful lives, and enhance the ability of family caregivers to improve the health and wellbeing of those that they care for: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) recognizes the year 2011 as the 11-year an3 niversary of the National Family Caregiver Support 

4 Program; 

5 (2) applauds the Administration on Aging and 

6 national and community based organizations that 

7 support family caregivers; 

8 (3) applauds the family, friends, partners, and 

9 neighbors who provide long-term care services; and 

10 (4) designates 2011 as ‘‘The Year of the Fam11 ily Caregiver’’. 

Æ 


rfrederick on DSKD9S0YB1PROD with BILLS
* Pursuant to Local Rule 47.5, the court has det ermined t hat this opinion should not be

published and is not precedent except under the limit ed circumstances set forth in Local Rule 47.5.4. UNITED STATES COURT OF APPEALS For the Fifth Circuit

No. 96-60525 Summary Calendar

LARRY C. MAXWELL, Plaintiff-Appellant,

VERSUS

LAUDERDALE COUNTY; LAUDERDALE COUNTY SHERIFF’S DEPARTMENT; KEMPER COUNTY; KEMPER COUNTY SHERIFF’S DEPARTMENT; CHIEF DEPUTY MICHAEL VICK; T.R. VICK; C.M. VINCENT;

JOEL WALTERS; and MICHAEL WEST, Defendants-Appellees.

Appeal from the United States District Court For the Southern District of Mississippi

(4:93-CV-39-LN) June 18, 1997 Before WISDOM, JOLLY, and BENAVIDES, Circuit Judges. PER CURIAM: * Larry Maxwell appeals the district court’s entry of summary judgment for all defendants. We affirm. Maxwell concedes on appeal that the district court properly dismissed his § 1983 claim against Lauderdale County because the county cannot be held liable under a theory of repondeat2

superior. Maxwell failed to brief his state law claims, his claims of excessive force, denial of medical care, conversion and conspiracy, and his claim that Michael West is liable for rendering an opinion concerning an alleged pattern of bruises on Maxwell’s hand. This failure constitutes abandonment of these claims. Brinkmann v. Dallas Cty. Deputy Sheriff Abner , 813 F.2d 744, 748 (5th Cir. 1987). We hold that Lauderdale County Chief Deputy Michael Vick and Deputies C.M. Vincent, Joel Walters, and T.R. Vick are entitled to qualified immunity for their actions in connection with Maxwell’s arrest and indictment. See Malley v. Briggs , 475 U.S. 335, 344-45 (1986)(holding that “[o]nly where the warrant application is so lacking in indicia of probable cause as to render official belief in its existence unreasonable will the shield of [qualified] immunity be lost.); See also Morin v. Caire , 77 F.3d 116, 122 (5th Cir. 1996)(stating that an officer applying for a warrant will be entitled to qualified immunity unless his affidavit contains misstatements and omissions of “such character that no reasonable official would have submitted it to a magistrate”). We find no violation of Maxwell’s civil rights in his arrest and prosecution by Kemper County authorities. Gerstein v. Pugh , 420 U.S. 103, 117 & n.19 (1975)(the issuance of an indictment by3

a properly constituted grand jury “conclusively determines the existence of probable cause”). As Maxwell has pleaded no facts that suggest that West acted with malicious intent, Maxwell’s allegations against Michael West fail to state a claim under 42 U.S.C. § 1983. See Neals v. Harwood , 59 F.3d 530, 532 (5th Cir. 1995)(negligence will not support a § 1983 action); Morrison v. City of Baton Rouge , 761 F.2d 242, 244 (5th Cir. 1985)(Plaintiffs must state specific facts, not merely conclusory allegations to support a § 1983 claim).

AFFIRMED.
**EXHIBIT32**

CERTIFICATION PURSUANT TO18 U.S.C. SECTION1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEYACT OF 2002

David E. Hershberg, Chief Executive Officerof Globecomm Systems Inc., and Andrew C. Melfi, Chief Financial Officerof Globecomm Systems Inc., each hereby certifies, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that the quarterly report of Globecomm Systems Inc. onForm 10-Q for the three months ended December  31,  2005(the ‘‘Quarterly Report’’) fully complieswith the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended, and that information contained in theQuarterly Report fairly presents, in all material respects, thefinancial condition and results of operations of Globecomm SystemsInc.

|                         |  |                                                                                           |  |  |  |  |
|-------------------------|--|-------------------------------------------------------------------------------------------|--|--|--|--|
| Date:February  9,  2006 |  | By: /s/ DAVID E.HERSHBERGDavid E. HershbergChairman of the BoardandChief ExecutiveOfficer |
|                    |  | By: /s/ANDREW C. MELFIAndrew C. MelfiVice President, ChiefFinancial Officerand Treasurer  |
|                         |

Asigned original of this written statement required by Section 906 hasbeen provided to Globecomm Systems Inc. and will be retained byGlobecomm Systems Inc. and furnished to the Securities ExchangeCommission or its staff uponrequest.

----
EXHIBIT 31.1



CERTIFICATION



I, Jack Gregory, certify that:



(1)    I have reviewed this quarterly report on Form 10-Q/A of Premier Holding Corp. for the period ended September 30, 2009;





(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)) for the Registrant and have:





(a)     Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the Registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;





(c)     Evaluated the effectiveness of the Registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and





(d)     Disclosed in this report any change in the Registrants internal control over financial reporting that occurred during the Registrants most recent fiscal quarter (the Registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the Registrants internal control over financial reporting; and





(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 the Registrants board of directors (or persons performing the equivalent functions):





(a)     All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the Registrants ability to record, process, summarize and report financial information; and





(b)     Any fraud, whether or not material, that involves management or other employees who have a significant role in the Registrants internal control over financial reporting.



|Date: September 9, 2010 | Jack Gregory
Chief Executive Officer and Director
|----------------------- | -------------------------------------------------
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 425 Agreed to Senate (ATS)]

112th CONGRESS
  2d Session
S. RES. 425

    Designating April 23, 2012, as ``National Adopt a Library Day''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 18, 2012

 Mr. Webb (for himself, Ms. Snowe, Mr. Warner, Mr. Brown of Ohio, and 
 Mr. Cochran) submitted the following resolution; which was considered 
                             and agreed to

_______________________________________________________________________

                               RESOLUTION

 
    Designating April 23, 2012, as ``National Adopt a Library Day''.

Whereas libraries are an essential part of the communities and the national 
        system of education in the United States;
Whereas the people of the United States benefit significantly from libraries 
        that serve as an open place for people of all ages and backgrounds to 
        use books and other resources that offer pathways to learning, self-
        discovery, and the pursuit of knowledge;
Whereas libraries in the United States depend on the generous donations and 
        support of individuals and groups to ensure that people who are unable 
        to purchase books still have access to a wide variety of resources;
Whereas certain nonprofit organizations facilitate the donation of books to 
        schools and libraries across the United States to extend the joy of 
        reading to millions of people of the United States and to prevent used 
        books from being thrown away;
Whereas libraries in the United States have provided valuable resources to 
        individuals who are affected by the economic crisis by encouraging 
        continued education and job training;
Whereas libraries are increasingly being used as a resource for those seeking 
        the tools and information to enter or reenter the workforce; and
Whereas several States that recognize the importance of libraries and reading 
        have adopted resolutions commemorating April 23 as ``Adopt a Library 
        Day'': Now, therefore, be it
    Resolved, That the Senate--
            (1) designates April 23, 2012, as ``National Adopt a 
        Library Day'';
            (2) honors the organizations that facilitate donations to 
        schools and libraries;
            (3) urges all people of the United States who own unused 
        books to donate the books to local libraries;
            (4) strongly supports children and families who take 
        advantage of the resources provided by schools and libraries; 
        and
            (5) encourages the people of the United States to observe 
        ``National Adopt A Library Day'' with appropriate ceremonies 
        and activities.
                                 <all>
```
<PAGE>   1
                                                                   EXHIBIT 10.51


                   AMENDMENT NUMBER 3 OF EMPLOYMENT AGREEMENT


         THIS AMENDMENT TO EMPLOYMENT AGREEMENT, effective as of July 1, 2000,
is by and between Radiologix, Inc., a Delaware corporation (the "Company"), and
Mark S. Martin ("Martin").

         WHEREAS, the parties to this Amendment entered into that certain
Employment Agreement, dated as of June 12, 1996, which was amended pursuant to
that certain Amendment of Employment Agreement dated as of January 1, 1999 and
that certain Amendment Number 2 of Employment Agreement dated as of February 9,
2000 (collectively, the "Employment Agreement"); and

         WHEREAS, the Company and Martin desire to enter into this Amendment in
order to reflect an increase in Martin's base salary;

         NOW, THEREFORE, in consideration of the mutual covenants and conditions
set forth herein, the parties hereby agree as follows:

         1. The Employment Agreement is hereby amended to delete the existing
Section 3.1 and to add the following as a new Section 3.1:

         "Section 3.1 SALARY. For the performance of Martin's duties hereunder,
         the Company shall pay Martin an annual salary of $325,000, payable
         (less required withholdings) no less frequently than every two weeks."

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

                                            RADIOLOGIX, INC.



                                            By:      /s/  MARK L. WAGAR
                                               -----------------------------
                                                     Mark L. Wagar
                                                     Chairman and CEO


                                            MARTIN:



                                            By:      /s/  MARK S. MARTIN
                                               -------------------------
                                                     Mark S. Martin
Exhibit 13.1  CERTIFICATIONS PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)  In connection with the Annual Report of Mark One Ventures Ltd., a British Columbia corporation (the Company), on Form 20-F for the fiscal year ended December 31, 2007 as filed with the Securities and Exchange Commission (the Report), I, Brian Jenkins, Chief Executive Officer of the Company do hereby certify, pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350), that to my knowledge:  (1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  (2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.  By: /s/ Brian Jenkins Name: Brian Jenkins Title: Chief Executive Officer and acting Chief Financial Officer  Date: June 22, 2009  A signed original of this written statement required by Section 906 has been provided to Mark One Ventures Limited and will be retained by Mark One Ventures Limited and furnished to the Securities and Exchange Commission or its staff upon request.
#### Neil Bezerman, Appellant, v Sam Bailine et al., Respondents.

[945 NYS2d 166]-

In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated December 15, 2010, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

On a motion for summary judgment dismissing the complaint in a medical malpractice action, a defendant must make a prima facie showing that there was no departure from good and accepted medical practice, or, if there was a departure, that the plaintiff was not injured thereby *(see Salvia v St. Catherine of*
      *1154
      *Sienna Med. Ctr.,*84 AD3d 1053 [2011]; *Ahmed v New York City Health & Hosps. Corp.,*84 AD3d 709, 710 [2011]; *Stukas v Streiter,*83 AD3d 18, 24-26 [2011]). Once a defendant physician has made such a showing, the burden shifts to the plaintiff to “submit evidentiary facts or materials to rebut the prima facie showing by the defendant . . . so as to demonstrate the existence of a triable issue of fact” *(Alvarez v Prospect Hosp.,*68 NY2d 320, 324 [1986]; *see Stukas v Streiter,*83 AD3d at 24). General allegations that are conclusory and unsupported by competent evidence tending to establish the essential elements of medical malpractice are insufficient to defeat a defendant’s motion for summary judgment (see *Salvia v St. Catherine of Sienna Med. Ctr.,*84 AD3d at 1054; *Ahmed v New York City Health & Hosps. Corp.,*84 AD3d at 711).

Here, the defendants demonstrated their prima facie entitlement to judgment as a matter of law by submitting evidence establishing that there was no departure from good and accepted practice by the defendants and that, in any event, any departure was not a proximate cause of the alleged injuries *(see Stukas v Streiter,*83 AD3d 18 [2011]; *Breland v Jamaica Hosp. Med. Ctr.,*49 AD3d 789 [2008]; *DiMitri v Monsouri,*302 AD2d 420 [2003]). In opposition to the defendants’ prima facie showing, the plaintiff’s submissions, including the affidavit of the plaintiff’s expert, failed to raise a triable issue of fact as to whether any alleged departure was the proximate cause of the alleged injuries *(see Orsi v Haralabatos,*89 AD3d 997 [2011], *lv granted*18 NY3d 809 [2012]; *Graziano v Cooling,*79 AD3d 803 [2010]; *Wilkins v Khoury,*72 AD3d 1067 [2010]).

Moreover, in opposition to the defendants’ prima facie showing of entitlement to judgment as a matter of law dismissing the cause of action sounding in lack of informed consent, the plaintiff failed to raise a triable issue of fact. Thus, the defendants also were entitled to summary judgment dismissing that cause of action *(see Graziano v Cooling,*79 AD3d 803 [2010]; *Wilkins v Khoury,*72 AD3d 1067 [2010]; *Thompson v Orner,*36 AD3d 791 [2007]; *Viola v Blanco,*1 AD3d 506 [2003]).

Accordingly, the Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint. Dillon, J.E, Leventhal, Hall and Austin, JJ., concur.