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




                                                                  [EXHIBIT 99.1]

                            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 Quarterly Report of Valley National Gases Incorporated
(the "Company") on Form 10-Q for the period ended March 31, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Michael L. Tyler, Chief Executive Officer and President of the Company, 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 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/ Michael L. Tyler
                                      -------------------------------------
                                      Michael L. Tyler
                                      Chief Executive Officer and President
                                      May 15th, 2003




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.
#### Charles A. Nowak et al., Respondents, v Pacific Inter-mountain Express Co., Appellant. (And a Third-Party Action.)

Order unanimously affirmed, with costs. Motion to strike respondents’ appendix granted. (Appeal from order of Supreme Court, Erie County, Mintz, J. — summary judgment.) Present — Dillon, P. J., Callahan, Doerr, Denman and Pine, JJ.
#### COHEN v. SMALL.

(Supreme Court, Appellate Division, First Department.

October 18, 1907.)

Action by J. Quintus Cohen against Charles T. Small.

No opinion. Motion granted. Order filed.
EXHIBIT 23.1



CONSENT OF INDEPENDENT REGISTERED ACCOUNTING FIRM



|The | Board of Directors and Shareholders
|--- | -----------------------------------

|Pericom | Semiconductor Corporation:
|------- | --------------------------



We consent to the incorporation by reference in Registration Statement No. 333-30412 on Form S-3, and Nos. 333-39055, 333-43934, 333-51229 and 333-58522
on Form S-8 of Pericom Semiconductor Corporation of our reports dated September 7, 2004 appearing in and incorporated by reference in this Annual Report on Form 10-K of Pericom Semiconductor Corporation for the year ended June 26, 2004.



|                         
|-------------------------
|/s/ DELOITTE & TOUCHE LLP
|                         
|San Jose, California     
|September 7, 2004
<PAGE>
 
                                                                   EXHIBIT 23



                         CONSENT OF ARTHUR ANDERSEN LLP



As independent public accountants, we hereby consent to the incorporation by
reference in this Form 10-K of First Commonwealth, Inc., of our report, dated
February 10, 1999, on the consolidated financial statements of First
Commonwealth, Inc. and Subsidiaries (the "Company") included in the Company's
1998 Annual Report on Form 10-K, and to the incorporation of our report, dated
February 10, 1999, on the financial statement schedule of the Company, and
included in this Form 10-K, into the Company's previously filed S-3 Registration
Statement, File No. 333-18379, and S-8 Registration Statement, File No. 
333-00474.




ARTHUR ANDERSEN  LLP


Chicago, Illinois
March 31, 1999
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 12**  **- 1951** 

In re: KENYA ANTWAIN EVANS Petitioner

.

On Petition for a Writ of Error Coram Nobis (No. 1:99

- cr - 00251

- NCT

- 1)

Submitted : September 11, 2012 Decided: September 13, 2012

Before NIEMEYER, SHEDD, and AGEE , Circuit Judges.

Petition denied by un published per curiam opinion

. Kenya Antwain Evans, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Kenya Antwain Evans petitions this court for a writ of error coram nobis pursuant to 28 U.S.C. § 1651(a) (2006). In his petition, Evans challenges the constitutionality of his convictions and sentence for carjacking and possession and brandishing of a firearm in relation to a crime of violence, based on Carachuri Rosendo v. Holder , 130 S. Ct. 2589 (2010), and United States v. Simmons , 649 F.3d 237 (4th Cir. 2011) (en banc)

. The writ of error coram nobis is an extraordinary remedy which may be used to correct fundamental error in a criminal conviction “presenting circumstances compelling its use to achieve justice.” United States v. Denedo , 556 U.S. 904, 911 (2009) (internal quotation marks omitted); see United States v. Akinsade , 686 F. 3 d 248, 252 (4 th Cir. 2012 ). Remedy under the writ is limited to those petitioners who are no longer in custody pursuant to their convictions. Carlisle v. United
States , 517 U.S. at 416, 429 (1996) . Moreover, the remedy will not lie when an alternative remedy, such a s habeas corpus, is available. Denedo , 556 U.S. at 911; Akinsade , 686 F. 3 d at 252

. Evans is currently in custody pursuant to his conviction s , and he previously challenged his conviction s and sentence in a motion filed pursuant to 28 U.S.C.A. § 2255 (Wes t Supp. 2012). While Evans’ s present challenge was not previously3 raised in his § 2255 motion, he has not sought authorization to file a successive § 2255 motion. Thus, we conclude that Evans fails to establish entitlement to the extraordinary remedy of the writ. Accordingly, we deny Evans’s petition for a writ of error coram nobis. 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 pr ocess.

PETITION DENIED
**Exhibit 32.1 CERTIFICATION**

 

|   | Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 I hereby certify that: |
|--------|----------------------------------------------------------------------------------|

 

|   | I have reviewed the Annual Report on Form 10-K; |
|--------|-------------------------------------------------|

 

to the best of my knowledge, this Annual Report on Form 10-K (i) fully complies with the requirements of section 13 (a) or 15 (d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d); and (ii) the information contained in this Report fairly presents, in all material respects, the financial condition and results of operation of Tengasco, Inc. and its subsidiaries during the period covered by this Report.

 

Dated: March 31,2008

 

|   | s/Jeffrey R. Bailey    |
|--------|-----------------------------|

|   | Jeffrey R. Bailey, |
|--------|--------------------|

|   | Chief Executive Officer |
|--------|-------------------------|
#### The People of the State of New York, Respondent, v Walter James, Appellant.

[942 NYS2d 365]

Appeal by the defendant from a judgment of the County Court, Suffolk County (J. Doyle, J.), rendered September 14, 2010, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

As the People correctly concede, the defendant’s purported waiver of his right to appeal was invalid *(see People v Moyett,*7 NY3d 892, 892-893 [2006]; *People v Lopez,*6 NY3d 248, 256-257 [2006]). However, the defendant’s claim that he was deprived of the constitutional right to the effective assistance of counsel is based, in part, on matter appearing on the record and, in part, on matter outside the record, and thus constitutes a “ ‘mixed claim’ ” of ineffective assistance *(People v Maxwell,*89 AD3d 1108, 1109 [2011], quoting *People v Evans,*16 NY3d 571, 575 n 2 [2011], *cert denied*565 US —, 132 S Ct 325 [2011]). In this case, it is not evident from the matter appearing on the record that the defendant was deprived of the effective assistance of counsel *(cf. People v Crump,*53 NY2d 824 [1981]; *People v Brown,*45 NY2d 852 [1978]). Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety *(see People v Freeman,*93 AD3d 805 [2012]; *People v Maxwell,*89 AD3d at 1109; *People v Rohlehr,*87 AD3d 603, 604 [2011]).

The sentence imposed was not excessive *(see People v Suitte,*
      *102090 AD2d 80 [1982]). Skelos, J.P., Angiolillo, Belen, Lott and Roman, JJ., concur.
#### Klein Performance Products, Inc. Respondent, v Daniel J. Keel, Appellant, et al., Defendant.

—Order unanimously affirmed, with costs. Memorandum: Defendant appeals from an order granting plaintiff’s motion for summary judgment in an action to recover on a judgment granted by the Superior Court in the State of Arizona. He contends that summary judgment was improper because there are issues of fact concerning the merits of the action requiring a trial, the Arizona judgment is not entitled to full faith and credit in this State, since it was granted by default, and the Arizona Court did not acquire in personam jurisdiction over him.

We affirm. A judgment of a sister State, even if rendered by default, is entitled to full faith and credit and is conclusive on the merits *(Krasne’s Inc. v Sterling Arms Corp.,*47 AD2d 130, 132; *see also, Gladding Corp. v Balco-Pedrick Parts Corp.,*76 AD2d 1; *Hill v Gottwald,*79 Misc 2d 40). Although the judgment may be impeached by showing that the court in which it was rendered did not have personal jurisdiction over defendant, the record shows that this issue was not raised at Special Term and was thus waived. (Appeal from order of Supreme Court, Onondaga County, Lawton, J.—summary judgment.) Present—Denman, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


Menu Agricultural Research Service
						
                    U.S. DEPARTMENT OF AGRICULTURE
 Vegetable Crops Research: Madison, WI
 close



    Research

                    Research Projects
                                    Publications
                                    Collaborations
                                    News
                People

                    Staff Listing
                                    Careers


        


                    ScientistsSearch small
                    Search
            
            ARS Home
                                About ARS
                                Contact Us




ARS Home Midwest Area Madison, Wisconsin Vegetable Crops Research People & Locations







Jesse J Schartner
                        Vegetable Crops Research

                        




                        
                        Biological Science Lab Technician
                        Phone: (920) 666-6713
                        
                        
                        Fax: (Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


Return to top


Connect with ARS Sign up


ARS Home
                            USDA.gov
                            Plain Writing
                            Policies & Links
                            Civil Rights Statements
                            FOIA
                            Accessibility Statement
                            Privacy Policy
                            Non-Discrimination Statement
                            Quality of Information
                            USA.gov
                            WhiteHouse.gov
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


Menu Agricultural Research Service
						
                    U.S. DEPARTMENT OF AGRICULTURE
 Food Safety and Enteric Pathogens Research: Ames, IA
 close



    Research

                    Research Projects
                                    Publications
                                    Collaborations
                                    News
                People

                    Staff Listing
                                    Careers


        


                    Additional ResourcesSearch small
                    Search
            
            ARS Home
                                About ARS
                                Contact Us




ARS Home Midwest Area Ames, Iowa National Animal Disease Center Food Safety and Enteric Pathogens Research People & Locations





- Find a person
- Find a location
- ARS Organizational Chart
- People
- Contact Information
- Research Projects

Torey  Looft
                     

                     Research Microbiologist
                     


                        ProjectsAnalysis of Genetic Factors that Increase Foodborne Pathogen Fitness, Virulence, and Antimicrobial Resistance Transfer, to Identify Interventions against Salmonella and Campylobacter in Food Animals
                                       In-House Appropriated

                                                   (D)Accession Number: 440948


Return to top


Connect with ARS Sign up


ARS Home
                            USDA.gov
                            Plain Writing
                            Policies & Links
                            Civil Rights Statements
                            FOIA
                            Accessibility Statement
                            Privacy Policy
                            Non-Discrimination Statement
                            Quality of Information
                            USA.gov
                            WhiteHouse.gov
**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT ACCOUNTANTS**

 

To the Board of Directors and 

Stockholders of OYO Geospace Corporation: 

 

We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (No. 333-80003, No. 333-40893, No. 333-122835 andNo. 333-122834) of OYO Geospace Corporation of our report dated December 16, 2005 relating to the financial statements and financial statement schedules, which appear in the Annual Report to Shareholders, which is incorporated in thisAnnual Report on Form 10-K. We also consent to the incorporation by reference of our report dated December 16, 2005 relating to the financial statement schedule, which appears in this Form 10-K. 

 

/s/ PricewaterhouseCoopers LLP 

 

Houston, Texas 

December 22, 2005
#### The People of the State of New York, Respondent, v William Monroig, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered January 24, 1984, convicting him of murder in the second degree, attempted robbery in the first degree (three counts), and criminal use of a firearm in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The contentions of error raised in defendant’s main brief concerning the charge to the jury are unpreserved because when asked whether he had any exceptions to the charge defendant’s attorney responded negatively.

During the trial a witness testified that he had previously failed to identify the defendant from a group of photographs. Counsel moved for a mistrial because this information had not been furnished to him pursuant to his request. CPL 710.30 (1) states that the People must furnish such information only if the witness “has previously identified [the defendant] as such”. There was no violation of CPL 710.30 because the only identification was made during trial.

Defendant argues in his *pro se*supplemental brief that the court improperly failed to charge the jury with respect to identification. However, at the conclusion of its charge, counsel did not *936take an exception nor ask for additional instruction. Therefore, the question was not preserved for review on appeal *(People v Nocera,*107 AD2d 768). In any event, during the charge the court instructed the jury to carefully weigh what each witness stated he heard or saw, emphasizing that the burden of proof was on the People. Lazer, J. P., Gibbons, Brown and O’Connor, JJ., concur.
NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 

2007-5012, -5013, -5014, -5015 

JOE MORGAN, BRENDA MORGAN, JACK PACE, 

RALPH C. INGRAM, JR., individually and on behalf of the 

partnership Cedar Grove, LTD., 

and GAHAGAN LAND & TIMBER CO., 

Plaintiffs-Appellants, 

v. 

UNITED STATES, 

Defendant-Appellee. 

William P. Crews, Jr, of Natchitoches, Louisiana, argued for plaintiffs-appellants. 

Kathryn E. Kovacs, Trial Attorney, Appellate Section, Environment and Natural 

Resources Division, United States Department of Justice, of Washington, DC, argued for 

defendant-appellee. With her on the brief were Matthew J. McKeown, Acting Assistant 

Attorney General. 

Appealed from: United States Court of Federal Claims 

Judge Nancy B. Firestone 
 

NOTE: This disposition is nonprecedential. 

United States Court of Appeals for the Federal Circuit

2007-5012, -5013, -5014, -5015 

JOE MORGAN, BRENDA MORGAN, 

JACK PACE, RALPH C. INGRAM, JR., 

individually and on behalf of the partnership Cedar Grove, LTD., 

and GAHAGAN LAND & TIMBER CO., 

Plaintiffs-Appellants, 

 v. 

 UNITED STATES, 

Defendant-Appellee. 

 JUDGMENT

ON APPEAL from the United States Court of Federal Claims 

In CASE NO(S). 03-CV-2415, 03-CV-2435, 03-CV-2430, 

and 03-CV-2446. 

This CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED: AFFIRMED. See Fed. Cir. R. 36 

Per Curiam (NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and LINN, 

Circuit Judge). 

ENTERED BY ORDER OF THE COURT 

DATED: November 19, 2007 /s/ Jan Horbaly 

 Jan Horbaly, Clerk
Case: 1:02-cv-08678 Document #: 20 Filed: 01/27/03 Page 1 of 5 PageID #:154

Case: 1:02-cv-08678 Document #: 20 Filed: 01/27/03 Page 2 of 5 PageID #:155

Case: 1:02-cv-08678 Document #: 20 Filed: 01/27/03 Page 3 of 5 PageID #:156

Case: 1:02-cv-08678 Document #: 20 Filed: 01/27/03 Page 4 of 5 PageID #:157

Case: 1:02-cv-08678 Document #: 20 Filed: 01/27/03 Page 5 of 5 PageID #:158
# Official Journal L 250/2009

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2009.250.eng |
| --- | --- |
| Official Journal
  of the European Union | L 250 |
| | |
| English edition | Legislation | Volume 5223 September 2009 |

ISSN 1725-2555

doi:10.3000/17252555.L_2009.250.eng

Official Journal

of the European Union

L 250

English edition

Legislation

Volume 5223 September 2009

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EC) No 846/2009 of 1 September 2009 amending Regulation (EC) No 1828/2006 setting out rules for the implementation of Council Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and of Regulation (EC) No 1080/2006 of the European Parliament and of the Council on the European Regional Development Fund | 1 |

Contents

I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

page

REGULATIONS

*

Commission Regulation (EC) No 846/2009 of 1 September 2009 amending Regulation (EC) No 1828/2006 setting out rules for the implementation of Council Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and of Regulation (EC) No 1080/2006 of the European Parliament and of the Council on the European Regional Development Fund

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.