alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
EXHIBIT 3.5

                            CERTIFICATE OF SECRETARY

                                       OF

                            MEADE INSTRUMENTS CORP.,
                             A DELAWARE CORPORATION

                  The undersigned, Steven G. Murdock, does hereby certify that
he is the Secretary of Meade Instruments Corp., a Delaware corporation (the
"Company"), and that attached hereto as Exhibit A is a true, complete and
correct copy of the amendment to Article III, Section 3.02(a), of the Amended
and Restated Bylaws of the Company, adopted effective as of May 23, 2001.

                  IN WITNESS WHEREOF, the undersigned has signed his name to
this certificate this 23rd day of May, 2001.

                                                    /s/ Steven G. Murdock
                                             -----------------------------------
                                             Steven G. Murdock
                                             Secretary





<PAGE>

                                    EXHIBIT A
                                    ---------

                  AMENDMENT TO ARTICLE III, SECTION 3.02(a), OF
                       THE AMENDED AND RESTATED BYLAWS OF
                            MEADE INSTRUMENTS CORP.,
                             A DELAWARE CORPORATION

         The second sentence of Article III, Section 3.02(a), of the Amended and
Restated Bylaws is hereby amended to read in its entirety as follows:

              "The exact number of directors shall be seven (7) until changed,
              within the limits specified above, by resolution, duly approved by
              the Board of Directors."
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AS OF DECEMBER 31, 1999, AND THE STATEMENT OF OPERATIONS FOR THE PERIOD
THEN ENDED AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          43,477
<SECURITIES>                                    43,974
<RECEIVABLES>                                    7,062
<ALLOWANCES>                                       164
<INVENTORY>                                          0
<CURRENT-ASSETS>                                87,692
<PP&E>                                           7,947
<DEPRECIATION>                                   3,242
<TOTAL-ASSETS>                                 100,354
<CURRENT-LIABILITIES>                           10,324
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           216
<OTHER-SE>                                      84,363
<TOTAL-LIABILITY-AND-EQUITY>                   100,354
<SALES>                                              0
<TOTAL-REVENUES>                                17,864
<CGS>                                                0
<TOTAL-COSTS>                                   29,217
<OTHER-EXPENSES>                                25,006
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (45,938)
<INCOME-TAX>                                       117
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (46,055)
<EPS-BASIC>                                     (3.04)
<EPS-DILUTED>                                   (3.04)


</TABLE>
Case: 1:03-cv-06472 Document #: 73 Filed: 05/24/05 Page 1 of 1 PageID #:468
* 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. 99-60784

 

CHARLES H. WILKINSON, JR., ET. AL.,

Plaintiffs,

J. E. STACK, JR.,

Plaintiff-Appellant,

versus

TRANSCO EXPLORATION CO., ET. AL.,

Defendants,

ATLANTIC RICHFIELD COMPANY; RICHARD BERTRAM & COMPANY;

ALBERT F. THOMASSON; BURGESS A. THOMASSON,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 3:99-CV-204-WS

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

July 12, 2000

Before POLITZ, JONES & STEWART, Circuit Judges.

PER CURIAM:*

This court has carefully considered Stack’s appeal in

light of the oral arguments, briefs and pertinent portions of the

record. Having done so, we conclude that the district court did

not abuse his discretion in disallowing Stack’s proposed

significant and substantive amendment to the now 16-year old

litigation. The judgment is AFFIRMED.
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 1 of 24 PageID #:71
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 2 of 24 PageID #:72
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 3 of 24 PageID #:73
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 4 of 24 PageID #:74
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 5 of 24 PageID #:75
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 6 of 24 PageID #:76
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 7 of 24 PageID #:77
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 8 of 24 PageID #:78
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 9 of 24 PageID #:79
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 10 of 24 PageID #:80
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 11 of 24 PageID #:81
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 12 of 24 PageID #:82
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 13 of 24 PageID #:83
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 14 of 24 PageID #:84
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 15 of 24 PageID #:85
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 16 of 24 PageID #:86
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 17 of 24 PageID #:87
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 18 of 24 PageID #:88
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 19 of 24 PageID #:89
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 20 of 24 PageID #:90
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 21 of 24 PageID #:91
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 22 of 24 PageID #:92
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 23 of 24 PageID #:93
Case: 1:02-cv-01992 Document #: 18 Filed: 07/24/02 Page 24 of 24 PageID #:94
```

                                                            Exhibit 99.1

MANAGEMENT'S ASSERTION CONCERNING COMPLIANCE

As of and for  the  year  ended  October  31,  2005,  except  as noted  below,
Navistar Financial  Corporation  (the  Servicer) has complied in all material
respects with the standards for the servicing of the receivables of the Navistar
Financial  Dealer Note Master  Trust  set  forth  in the  following  sections
of the  Pooling  and  Servicing Agreement  dated June 8, 1995 (the  Servicing
Agreement),  as  filed  at  Exhibit  4.1  to  Navistar  Financial  Securities
Corporation's Form 8-K on December 12, 2003, in so far as they  relate to the
responsibilities  of  the  Servicer,  as defined  in the  Servicing Agreement.

o       Section 3.02
o       Section 8.07
o       Article IV Sections 4.02, 4.03, 4.04, 4.05

The Servicer has determined that the activities described in servicing criterion
8.07, are  not  applicable  as  the  Servicer  has  not delegated   any  of  its
responsibilities  to  a  sub-servicer  as  defined in the  Servicing  Agreement.

Section  4.02(a)(ii)  of  the Servicing  Agreement  states  that "net income and
earnings (less  investment  expense) on  funds on deposit  shall  be included in
the  calculation  of  investment  income  for  the  relevant  due  period."  For
Series  2005-1,  there  were  two  instances  identified  (February   2005 and
July 2005) where the interest  income was not  included  in  the  calculation of
investment income.

Date:  January 30, 2009         By:/s/ PAMELA J. TURBEVILLE
                                       Pamela J. Turbeville
                                       Chief Executive Officer
                                       (Principal Executive Officer and Director
                                       and Authorized Signatory for
                                       Navistar Financial Corporation)

Date:  January 30, 2009         By:/s/ BILL V. McMENAMIN
                                       Bill V. McMenamin
                                       Chief Financial Officer
                                       (Principal Financial Officer and
                                       Treasurer and Authorized Signatory for
                                       Navistar Financial Corporation)

Date:  January 30, 2009         By:/s/ DAVID L. DERFELT
                                       David L. Derfelt
                                       Vice President and Controller
                                       (Authorized Signatory for
                                       Navistar Financial Corporation)
```
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Jamshid Banakar v. Ulrike Krause

Appellate case number: 01-21-00609-CV

Trial court case number: 2016-88890

Trial court: 308th District Court of Harris County

On March 10, 2022, appellee/cross-appellant, Ulrike Krause, filed a Motion for 

Supplemental Clerk’s Records. In the motion, appellee/cross-appellant asks this Court to order 

the Harris County District Clerk to supplement the clerk’s record to include those items 

identified in appellee/cross-appellant’s Supplemental Designation of Items to be Included in the 

Clerk’s Record, which was filed on December 20, 2021, and in the Second Supplemental 

Designation of Items to be Included in the Clerk’s Record, which was filed on February 18, 

2022. Appellee/cross-appellant states in the certificate of conference that counsel for 

appellant/cross-appellee agrees to the motion. 

The motion is granted. To the extent the clerk’s record does not already contain the 

documents at issue, we order the trial court clerk to file within fifteen days of the date of this 

order a supplemental clerk’s record containing the items identified in appellee/cross-appellant’s 

Supplemental Designation of Items to be Included in the Clerk’s Record and Second

Supplemental Designation of Items to be Included in the Clerk’s Record.

It is so ORDERED.

Judge’s signature: ___________/s/ Julie Countiss__________

Acting individually 

Date: March 17, 2022
----

Reference for a preliminary ruling from the Utlänningsnämnden by order of that court of 30 December 2004, received at the Court Registry on 4 January 2005, in the case of Yunying Jia against Migrationsverket

(Case C-1/05)

(2005/C 57/36)

Language of the case: Swedish

Reference has been made to the Court of Justice of the European Communities by order of the Utlänningsnämnden (Alien Appeals Board) (Sweden) of 30 December 2004, received at the Court Registry on 4 January 2005, for a preliminary ruling in the case of Yunying Jia against Migrationsverket (Immigration Board) on the following questions:

----
July 11, 2013

JUDGMENT

The Fourteenth Court of Appeals

JASON DEWAYNE HAGGERTY, Appellant

NO. 14-12-00461-CR

NO. 14-12-00462-CR

 V.

THE STATE OF TEXAS, Appellee

________________________________

This cause was heard on the transcripts of the record of the court below. 

Having considered the record, this Court holds that there was no error in judgment 

requiring reversal. The Court orders the judgment in cause number 1321005 

AFFIRMED, and that this decision be certified below for observance. The Court 

holds there was no error in the judgment requiring reversal, but there was error in 

the judgment as entered in cause number 1321004, which is capable of reformation 

by this Court. Therefore, the judgment in cause number 1321004 is REFORMED, 

to reflect a conviction for possession of a controlled substance.

The Court orders the judgment in cause number 1321004 AFFIRMED as 

REFORMED.

We further order this decision certified below for observance.
#### Jennifer Rea et al., Respondents, v Barbara Bono et al., Appellants, et al., Defendant.

[942 NYS2d 646]—

*857In an action to recover damages for personal injuries, etc., the defendants Barbara Bono and John Bono appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Cozzens, Jr., J.), entered June 14, 2011, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Jennifer Rea (hereinafter the injured plaintiff), a pedestrian, was struck by a vehicle operated by the defendant Barbara Bono (hereinafter the defendant driver) and allegedly owned by the defendant driver and the defendant John Bono (hereinafter together the defendants) after she emerged from between two parked vehicles on Park Avenue in Long Beach. The westbound lanes and the eastbound lanes of traffic on Park Avenue in the area of the accident site were separated by an area where vehicles were permitted to park. There was one row of parking spaces on either side of this area. The two rows of parking spaces were separated by sufficient distance for one vehicle to traverse in a westerly direction. The defendant driver pulled out of her parking space and was traveling in a westerly direction when the accident occurred. As a result of the accident, the injured plaintiff allegedly fractured her ribs and her left ankle, and the passenger-side windshield of the defendants’ vehicle was shattered.

The evidence submitted by the defendants, including the deposition testimony of the injured plaintiff and the defendant driver, did not establish as a matter of law that the defendant driver was not operating the vehicle in a negligent manner or that any such negligence was not a proximate cause of the accident *(see Smiley v Johnson,*79 AD3d 850, 851 [2010]; *Marshall v Institute for Community Living, Inc.,*50 AD3d 975, 976 [2008]; *Charles v Ball,*291 AD2d 367, 367-368 [2002]; *see also Ledbetter v Johnson,*27 AD3d 698 [2006]). The defendants’ failure to make such a prima facie showing required the denial of their motion, regardless of the sufficiency of the plaintiffs’ opposing papers *(see Alvarez v Prospect Hosp.,*68 NY2d 320, 324 [1986]; *Winegrad v New York Univ. Med. Ctr.,*64 NY2d 851, 853 [1985]).

Accordingly, the Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint insofar as asserted against them. Angiolillo, J.E, Belen, Lott and Miller, JJ., concur.
```

[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Notices]
[Pages 41993-41994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16651]

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

DEPARTMENT OF JUSTICE

Antitrust Division

Granting of Requests for Early Termination of the Waiting Period 
Under the Premerger Notification Rules

    Section 7A of the Clayton Act, 15 U.S.C. 18a, as added by Title II 
of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, requires 
persons contemplating certain mergers or acquisitions to give the 
Federal Trade Commission and the Assistant Attorney General advance 
notice and to wait designated periods before consummation of such 
plans. Section 7A(b)(2) of the Act permits the agencies, in individual 
cases, to terminate this waiting period prior to its expiration and 
requires that notice of this action be published in the Federal 
Register. The following transaction was granted early termination--on 
the date indicated--of the waiting period provided by law and the 
premerger notification rules. The listing includes the transaction 
number and the parties to the transaction. The Federal Trade Commission 
and the Assistant Attorney General for the Antitrust Division of the 
Department of Justice made the grants. Neither agency intends to take 
any action with respect to this proposed acquisitions during the 
applicable waiting period.

[[Page 41994]]

                        Early Termination Granted
                              [07/29/2021]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
20211133........................  G              Gray Television, Inc.;
                                                  Quincy Media, Inc.
------------------------------------------------------------------------

Suzanne Morris,
Chief, Premerger and Division Statistics, Antitrust Division, 
Department of Justice.
[FR Doc. 2021-16651 Filed 8-3-21; 8:45 am]
BILLING CODE 4410-11-P
```
Exhibit 32

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 on Form 10-QSB of Sontra Medical Corporation (the Company) for the period ended June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Harry G. Mitchell, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, 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 results of operations of the Company.



|                                                                    
|--------------------------------------------------------------------
|/s/ Harry G. Mitchell                                               
|Harry G. Mitchell                                                   
|Interim Chief Executive Office,Chief Financial Officer and Treasurer
|August 13, 2007
**Exhibit 99.1**

 

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

                In connection with the QuarterlyReport of U.S. Restaurant Properties, Inc. (the “Company”) on Form 10-Q for theperiod ended June 30, 2002 as filed with the Securities and Exchange Commissionon the date hereof (the “Report”), I, Robert J. Stetson, Chief ExecutiveOfficer of the Company, certify, pursuant to 18 U.S.C. § 1350, asadopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

1.             The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of1934; and

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

 

 
| /s/ Robert J. Stetson   |
|-------------------------|
| Robert J. Stetson       |
| Chief Executive Officer |
| August 14, 2002         |

 

 

----
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