alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>


                                  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 Asta Funding, Inc. (the "Company") on
Form 10-K for the year ending September 30, 2003 as filed with the Securities
and Exchange Commission (the "Report"), I, Gary Stern, Chief Executive 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)
           of the Securities Exchange Act of 1934; and

           (2) The information contained in the Report fairly presents, in all
           material respects, the consolidated financial condition of the
           company as of the dates presented and the consolidated result of
           operations of the Company for the periods presented.


Dated: December 19, 2003


/s/ Gary Stern
------------------------
Gary Stern
President and Chief Executive Officer



This certification has been furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002.
<PAGE>






                         Consent of Ernst & Young LLP




We consent to the incorporation by reference in the Registration Statement 
(Form S-8 No. 333-36619) pertaining to the 1995 Long-Term Incentive and Stock 
Option Plan and 1996 Non-Employee Director Stock Option Plan of Nutrition 
Medical, Inc. of our report dated March 1, 1999 with respect to the financial 
statements of NM Holdings, Inc. (formerly known as Nutrition Medical, Inc.) 
included in the Annual Report on Form 10-KSB for the year ended December 31, 
1998.


                                       /s/ Ernst & Young LLP


Minneapolis, Minnesota
March 29, 1998
#### UNITED STATES of America, Plaintiff-Appellee, v. Bernard GIBSON, Jr., Defendant-Appellant.

No. 11-6679.

United States Court of Appeals, Fourth Circuit.

Submitted: July 12, 2011.

Decided: Aug. 5, 2011.

Bernard Gibson, Jr., Appellant Pro se. Sandra Wilkinson, Assistant United States Attorney, Baltimore, Maryland, for Appel-lee.

Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Bernard Gibson, Jr., appeals the district court’s order denying his motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) (2006). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *United States v. Gibson,*No. 8:94-cr-00454-PJM-7 (D. Md. filed May 6, 2011 & entered May 9, 2011). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*AFFIRMED.*
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Case: 1:02-cv-02443 Document #: 2 Filed: 04/04/02 Page 1 of 1 PageID #:1
EXHIBIT 32.1



SECTION 1350 CERTIFICATION OF CHIEF EXECUTIVE OFFICER



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and in connection with the Annual Report on Form 10-K of
Caremark Rx, Inc. (the Corporation) for the period ended December 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, the Chief Executive Officer of the
Corporation, certifies 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 Corporation.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------



Date: February 26, 2007



|                       
|-----------------------
|/s/    E. Mac Crawford 
|E. Mac Crawford        
|Chief Executive Officer
Case: 1:01-cr-01151 Document #: 23 Filed: 09/18/02 Page 1 of 5 PageID #:55
Case: 1:01-cr-01151 Document #: 23 Filed: 09/18/02 Page 2 of 5 PageID #:56
Case: 1:01-cr-01151 Document #: 23 Filed: 09/18/02 Page 3 of 5 PageID #:57
Case: 1:01-cr-01151 Document #: 23 Filed: 09/18/02 Page 4 of 5 PageID #:58
Case: 1:01-cr-01151 Document #: 23 Filed: 09/18/02 Page 5 of 5 PageID #:59
<PAGE>

Exhibit 31.2

CERTIFICATION

Pursuant to Section 302 of the Sarbanes Oxley Act of 2002

I, Norman Raben, certify that:

1. I have reviewed this annual report on Form 10-KSB of Whitewing Environmental
Corp. ("Whitewing");

2. Based on my knowledge, this annual 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 annual
report;

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

4. Whitewing's other certifying officer and I are responsible for establishing
and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-14 and 15d-14) for Whitewing 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 Whitewing and its subsidiaries
(collectively, the "Company") is made known to us by others within the Company,
particularly during the period in which this annual report is being prepared;

         b) evaluated the effectiveness of the registrant's disclosure controls
and procedures, and presented in the annual report our conclusions about the
effectiveness of the disclosure controls and procedure, as of the end of the
period covered by this annual report (the "Evaluation Date") based on such
evaluation; and

         c) disclosed in this report any change in the registrant's internal
control over financial reporting that occurred during Whitewing's most recent
fiscal quarter that has materially affected, or is reasonably likely to
materially affect, Whitewing's internal control over financial reporting.

5. Whitewing's other certifying officer and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to Whitewing's
auditors and the audit committee of Whitewing's board of directors:

         a) all significant deficiencies (if any) in the design or operation of
internal controls which are reasonably likely to adversely affect Whitewing's
ability to record, process, summarize and report financial data and have
identified for Whitewing'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.

Date:  June 15, 2004                    /s/ Norman Raben
                                        ----------------------------------------
                                        Name:  Norman Raben
                                        Title: Chief Financial Officer
Exhibit 32.1

Certification

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), the
undersigned officer of Entrust, Inc., a Maryland corporation (the Company), hereby certifies, to such officers knowledge, that:

The
quarterly report on Form 10-Q for the quarter ended September 30, 2008 (the Report) of the Company fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in
the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                       |  |        |  |                        
|---------------------- |  | ------ |  | -----------------------
|Date: November 6, 2008 |  |        |  | /s/ F. William Conner  
|                       |  | Name:  |  | F. William Conner      
|                       |  | Title: |  | Chief Executive Officer
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#### Yonkers Avenue Dodge, Inc., Respondent, v BZ Results, LLC, Appellant.

[945 NYS2d 280]-

Order, Supreme Court, Bronx County (Mary Ann BriganttiHughes, J.), entered July 21, 2011, which, insofar as appealed from, denied defendant’s unopposed motion for summary judgment dismissing the first cause of action alleging breach of contract and for summary judgment in its favor on its first and second counterclaims, unanimously modified, on the law, to grant the motion for dismissal of the first cause of action and for summary judgment, as to liability only, on defendant’s first and second counterclaims, and otherwise affirmed, without costs.

Plaintiff, owner and operator of a car dealership, and defendant, a digital market consultant firm, entered into an agreement under which defendant agreed to create for the dealership a website and digital marketing system. The agreement was for a term of 36 months, during which plaintiff would pay a monthly fee.

The court erred in denying defendant’s motion seeking summary judgment dismissing plaintiffs claim of breach of contract. Defendant provided a copy of the agreement, the billing records on the account, and an affidavit from an officer of the company. That officer averred that defendant had fulfilled all of its obligations under the agreement, but had not received the payments from plaintiff required under the agreement. Thus, defendant made a prima facie showing of entitlement to summary judgment *(see e.g. Deutsche Bank Sec., Inc. v Montana Bd. of*Invs., 21 AD3d 90, 96-97 [2005], *affd*7 NY3d 65 [2006], *cert denied*549 US 1095 [2006]; *Bombardier Capital v Reserve Capital Corp.,*295 AD2d 793, 794 [2002]).

While an unopposed summary judgment motion will be denied *775upon a movant’s failure to establish prima facie entitlement to summary judgment or where the evidence creates a question of fact *(see Myers v Bartholomew,*91 NY2d 630 [1998]; *Liberty Taxi Mgt., Inc. v Gincherman,*32 AD3d 276, 277 n [2006]), here defendant met its burden and the record contains no evidence creating a question of fact. The motion court found questions of fact based upon a letter from plaintiff to defendant asserting that defendant was unable to fulfill its contractual obligations. However, the letter was unsigned and unsworn, and therefore devoid of probative value. This letter was insufficient to defeat defendant’s motion *(see Zuckerman v City of New York,*49 NY2d 557 [1980]; *Lazu v Harlem Group, Inc.,*89 AD3d 435 [2011]).

The motion court also erred in denying defendant’s motion seeking summary judgment on its first and second counterclaims, which alleged breach of contract and entitlement to contractual damages and attorneys’ fees. While the contract contained various provisions for its termination, these differing contingencies did not render the contract ambiguous. Nevertheless, since defendant failed to establish its entitlement to the actual and liquidated damages sought, or the amount and reasonableness of attorneys’ fees claimed, it is not entitled to judgment in a sum certain. Concur — Mazzarelli, J.E, Catterson, DeGrasse, Richter and Manzanet-Daniels, JJ.
EXHIBIT 32.2



Certification



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)



Pursuant to section 906 of the Sarbanes-Oxley
Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of Entrust, Inc., a Maryland corporation (the Company), hereby certifies, to such officers knowledge, that:



The quarterly report on Form
10-Q for the quarter ended March 31, 2004 (the Report) of the Company fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the Company.



|                  |  |  |  |                        |  |        |  |                        
|----------------- |  |  |  | ---------------------- |  | ------ |  | -----------------------
|                  |  |  |  |                       
|                  |  | 
|Date: May 6, 2004 |  |  |  | /s/    David J. Wagner
|                  |  |  |  |                       
|                  |  |  |  |                        |  | Name:  |  | David J. Wagner        
|                  |  |  |  |                        |  | Title: |  | Chief Financial Officer
Case: 1:01-cv-06119 Document #: 101 Filed: 04/09/03 Page 1 of 8 PageID #:1104
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Case 10-00067 Doc 4 Filed 01/04/10 Entered 01/04/10 15:03:08 Desc Main

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