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                    U.S. DEPARTMENT OF AGRICULTURE
 Crop Production and Pest Control Research: West Lafayette, IN
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ARS Home Midwest Area West Lafayette, Indiana Crop Production and Pest Control Research People & Locations







Victoria L Zismann
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                                                (Clicking on the reprint icon
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                                                    will take you to the publication reprint.)PHYLOGENETIC ANALYSES OF THE ITS REGION OF RIBOSOMAL DNA REVEAL THAT       SEPTORIA PASSERINII FROM BARLEY IS CLOSELY RELATED TO THE WHEAT PATHOGEN   MYCOSPHAERELLA GRAMINICOLA

- (Peer Reviewed Journal)SEPTORIA PASSERINII IS CLOSELY RELATED TO THE WHEAT PATHOGEN MYCOSPHAERELLAGRAMINICOLA

- (Proceedings)


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#### William Arndt, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.

(Argued June 24, 1890;

decided October 7, 1890.)

Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 11, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial.

*Daniel H. McMillen*for appellant.

*Ernest K. Weaver*for respondent.

Agree to affirm; no opinion.

All concur.

Judgment affirmed.
Case 1:12-cv-01207-MC    Document 187    Filed 10/19/15    Page 1 of 12

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* Pursuant to 5 TH C IR . 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-41057 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus BRUCE EDWIN BESS, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. V-98-CR-70-1

-------------------- June 13, 2000 Before JOLLY, DAVIS, and STEWART, Circuit Judges PER CURIAM: * The defendant’s only claim on appeal is that the district court committed clear error in finding that the defendant’s relevant conduct involved more than 500 grams of crack cocaine. In making the drug-quantity determination, the district court may consider drug quantities not specified in the count of conviction if they are part of the defendant’s relevant conduct as defined in U.S.S.G. § 1B1.3. See § 2D1.1, comment. (n.12); see also United States v. Vital , 68 F.3d 114, 117 (5th Cir. 1995). The district court’s determination of the quantity of drugs forNo. 99-41057 -2- sentencing purposes is a factual finding that this court reviews for clear error. United States v. Torres , 114 F.3d 520, 527 (5th Cir. 1997). A factual finding is not clearly erroneous if it is plausible in light of the record read as a whole. United States v. Alford , 142 F.3d 825, 831 (5th Cir.), cert. denied , 525 U.S. 1003 (1998). “Credibility determinations in sentencing hearings ‘are peculiarly within the province of the trier-of-fact.’” United States v. Sotelo , 97 F.3d 782, 799 (5th cir. 1996) (citation omitted). The Presentence Report (“PSR”) calculated the relevant amount of crack cocaine at over 13 kilograms, based on FBIinterviews with informants familiar with the defendant’s drugtrafficking activities. At the sentencing hearing, the defendant presented witnesses who contradicted the PSR. The district court concluded that the informants overstated the relevant amount of drugs. In approximating the quantity of drugs, the court gave the defendant “the benefit of the doubt” and reduced the amount from over 13,000 grams to just over 500 grams. Although the defendant contends that the Government’s evidence was unreliable and implausible and that the district court “double counted” some sales by accepting the overlapping testimony of both Hicks and Gonzales, the district court’s finding is plausible in light of the record read as a whole. See Alford , 142 F.3d at 831. The district court committed no error. The ruling of the district court is AFFIRMED.
Exhibit 31.2
 
 CFO Certification
 
 I, Steven Westlund, certify that:
 
 1. I have reviewed this annual report on Form 10-KSB of Kaire holdings, Incorporated. (the "Company");
 
 2. Based on my knowledge, this quarterly 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 circumstances under which such statements were made, not misleading with respect to the period covered by this report; and
 
 3. Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the Company as of, and for, the periods presented in this report.
 
 4. The Company's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the Company 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 Company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;
 
 b) evaluated the effectiveness of the Company'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
 
 c) disclosed in this report any change in the Company's internal control over financial reporting that occurred during the Company's most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the Company's internal control over financial reporting;
 
 5. The Company's other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the Company's auditors and the audit committee of Company's board of directors (or persons performing the equivalent functions);
 
 a) all significant deficiencies in the design or operation of internal controls which could adversely affect the Company's ability to record, process, summarize and report financial data and have identified for the Company'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 Company's internal controls over financial reporting.
 
 
 Date: April 13, 2004
 
 /s/ Steve Westlund
 Steve Westlund
 Chief Financial Officer
Summary of Loan Agreement
Entered into by and between Shenzhen BAK Battery Co., Ltd. (“the Company”) and
Shenzhen Eastern Branch, Agricultural Bank of China (“the Creditor”) dated
September 19, 2008

    


    Main
contents

    
      	
              Ø

            	
              Contract
      number: NO.81101200800001465;

            


    

    
      	
              Ø

            	
              Loan
      principal: RMB 131 million;

            


    

    
      	
              Ø

            	
              Loan
      term: from the date loan is provided to December 31,
  2008;

            


    

    
      	
              Ø

            	
              Floating
      interest rate: annually 6.21%, adjusted every 3
  months;

            


    

    
      	
               
      

            	
              n

            	
              Penalty
      interest rate for delayed repayment: 6.21% plus 50%
  *6.21%;

            


    

    
      	
               
      

            	
              n

            	
              Penalty
      interest rate for embezzlement of loan proceeds: 6.21%
  *1;

            


    

    
      	
              Ø

            	
              Purpose
      of the loan is to provide working capital for purchasing raw
      materials;

            


    

    
      	
              Ø

            	
              Advanced
      repayment of loan needs to be approved by the
  Creditor;

            


    

    
      	
              Ø

            	
              Breach
      of contract penalties: correct the breach of contract; suspension of loan
      un-provided, demand prepayment of loan principal and interest before
      maturity; imposition of punitive interest incurred due to delayed loan;
      imposition of punitive interest for embezzlement of loan; imposition of
      plural interest for unpaid interest; withdraw from any accounts of the
      Company the loan principal and interest; compensation for the Creditor’s
      expenses incurred due to the Company’s breach of contract such as lawyer’s
      fee.

            


    

    
      	
              Ø

            	
              Guarantee
      contract for this loan agreement: Guarantee Contract of Maximum Amount
      (No. 81905200800000212);

            


    

    
      	
              Ø

            	
              Supplemental:
      The Company undertakes to pledge the Land Use Right
      Certificate(“Certificate”) of BAK Industrial Park to the Creditor as soon
      as obtaining the Certificate;

            


    

    


    Headlines
of the articles omitted:

    Ø       Loan
arrangement

    Ø       Interest
clearing of the loan

    Ø       Payment
of the loan

    Ø       Interest
penalty of loan

    Ø       Rights
and obligation of the Company

    Ø       Rights
and obligations of the Creditor

    Ø       Breach
of contract responsibility

    Ø       Validity

    Ø       Text
### THE THIRTEENTH COURT OF APPEALS

13

- 22

- 00166

- CV

Adam Ruiz v. Andrea Espinosa
On Appeal from the County Court at Law No. 5 of Nueces County , Texas Trial Court Cause No. 2022

- CCV

- 60223

- 5

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered thi s cause on appeal, concludes the appeal should be dismissed . The Court orders the appeal DISMISSED in accordance with its opinion . Costs of the appeal are adjudged against appellant.
We further order this decision certified below for observance.
June 30 , 2 022
##### 



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 on Form 10-QSB of OmniComm Systems,
Inc. (the Company) for the quarter ended September 30, 2002, as filed with
the Securities and Exchange Commission on the date hereof (the Report), the
undersigned, being, Cornelis F. Wit, Chief Executive Officer 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/ Cornelis F. Wit                                            
|                  |  |                                                                
|                  |  | Cornelis F. Wit
President, Chief Executive Officer and Director
|November 12, 2002 |  |                                                                

39
Exhibit 32.2

Certification of Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted

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

In connection with this
Quarterly Report on Form 10-Q of Eclipsys Corporation (the Company) for the period ended September 30, 2009 (the Report), the undersigned, Chris E. Perkins, Chief Financial Officer 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 operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: November 5, 2009



/s/ Chris E. PerkinsChris E. PerkinsChief Financial Officer
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**EXHIBIT32.1**

 

**Certification Pursuant to Rule13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 and U.S.C.Section 1350**

 

I, Michael A. Martino,President and Chief Executive Officer of Sonus Pharmaceuticals, Inc. (the “Company”),certify, pursuant to Rule 13a-14(b) orRule 15d-14(b) of the Securities Exchange Act of 1934 and 18 U.S.C. Section 1350,that:

 

(1)                                  theQuarterly Report on Form 10-Q of the Company for the quarterly period ended September30, 2007 (the “Report”) fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.78m or 78o(d)); and

 

(2)                                  theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 
| Dated:    November  9, 2007 |
|-------------------------------------------------|
|                                            |   |   |
|                                            |   |   |
|                                            |   | /s/ Michael A. Martino |
|                                            |   | Michael A. Martino |
|                                            |   | President and Chief  Executive Officer |

 

----
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Exhibit 32.2

Certification of Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted

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

In connection with this Quarterly Report on Form 10-Q of Eclipsys
Corporation (the Company) for the period ended June 30, 2009 (the Report), the undersigned, Chris E. Perkins, Chief Financial Officer 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 operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: August 6, 2009



/s/ Chris E. PerkinsChris E. PerkinsChief Financial Officer