alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>


PAGE 51

<ARTICLE>                     5
 <MULTIPLIER>  1,000                            
       
<S>                           <C>            <C>
<PERIOD-TYPE>                  3-MOS          9-MOS
<FISCAL-YEAR-END>              DEC-31-1997    DEC-31-1997
<PERIOD-START>                 JUL-01-1998    JAN-01-1998
<PERIOD-END>                   SEP-30-1998    SEP-30-1998
<CASH>                                   0         13,281
<SECURITIES>                             0         20,530
<RECEIVABLES>                            0         26,083
<ALLOWANCES>                             0           (579)
<INVENTORY>                              0              0
<CURRENT-ASSETS>                         0         64,168
<PP&E>                                   0          7,176
<DEPRECIATION>                           0         (3,492)
<TOTAL-ASSETS>                           0         93,984
<CURRENT-LIABILITIES>                    0         31,199
<BONDS>                                  0              0
<PREFERRED-MANDATORY>                    0              0
<PREFERRED>                              0              0
<COMMON>                                 0            120
<OTHER-SE>                               0         62,665
<TOTAL-LIABILITY-AND-EQUITY>             0         93,984
<SALES>                                  0              0
<TOTAL-REVENUES>                    18,454         50,056
<CGS>                                8,675         24,070
<TOTAL-COSTS>                        8,675         24,070          
<OTHER-EXPENSES>                     6,492         17,845
<LOSS-PROVISION>                         0              0
<INTEREST-EXPENSE>                       0              0
<INCOME-PRETAX>                      3,968         10,104
<INCOME-TAX>                        (1,612)        (4,133)
<INCOME-CONTINUING>                  2,356          5,971
<DISCONTINUED>                           0              0
<EXTRAORDINARY>                          0              0
<CHANGES>                                0              0
<NET-INCOME>                         2,356          5,971
<EPS-PRIMARY>                          .21            .53
<EPS-DILUTED>                          .19            .48
        


</TABLE>
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**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 15** 
**- 2540** 

JULIUS CHUYA TIKUM ,
Petitioner ,

v.

LORETTA E. LYNCH , Respondent

.

On Petition for Review of a n Order of the Board of Immigration Appeals

.

Submitted : August 31, 2016 Decided: September 16, 2016

Before TRAXLER, KING, and KEENAN , Circuit Judges.

Petition denied by un published per curiam opinion

.

Godwill C. Tachi, THE TACHI LAW FIRM, LLC, Greenbelt, Maryland, for Petitioner. Benjamin C. Mizer, Assistant Attorney General, Mark Walters, Acting Assistant Director, John F. Stanton, Office of Immigration Litigation , U NITED S TATES DEPARTMENT OF JUSTICE , Washington, D.C., for Respondent.

Unpublished opinions are not binding precede nt in this circuit.2 PER CURIAM:
Julius Chuya Tikum, a native and citizen of Cameroon,
petitions for review of an order of the Board of Immigration
Appeals (Board) dismissing his appeal from the Immigration
Judge’s denial of his requests for asylum and withholding of

removal. * We have thoroughly reviewed the record and conclude
that the record evidence does not compel a ruling contrary to
any of the agency’s factual findings, see 8 U.S.C.

§ 1252(b)(4)(B) (2012), and that substantial evidence supports

th e Board’s decision, INS v. Elias

- Zacarias , 502 U.S. 478, 481
(1992). Accordingly, we deny the petition for review for the
reasons stated by the Board. See In re Tikum (B.I.A. Nov. 12,
2015). We dispense with oral argument because the facts and
legal con tentions are adequately presented in the materials
before this court and argument would not aid the decisional

process.

PETITION DENIED

* Tikum argues on appeal that he qualified for protection under the Convention Against Torture. As the Board found that Tikum failed to raise a meaningful challenge to the denial of this relief, we lack jurisdiction to review this unexhausted claim. See 8 U.S.C. § 1252(d)(1) (2012).
**          Exhibit        32.1**

**CERTIFICATIONS PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002(18 U.S.C.  SECTION 1350)**

In connection with the Annual Report    of mPhase Technologies, Inc. a New Jersey corporation (the “Company”),    on Form 10K/A for the fiscal year ended June 30, 2003, as filed with the    Securities and Exchange Commission (the “Report”),    I, Ronald A. Durando, Chief Executive Officer of the Company certify, pursuant    to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350),that to his 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/ Ronald A. Durando

Ronald A. DurandoChief Executive Officer

January 26, 2004

----
#### In the Matter of Valerie Torres et al., Respondents, v Tuckahoe Union Free School District, Appellant.

[941 NYS2d 263]

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the Tuckahoe Union Free School District appeals from an order of the Supreme Court, Westchester County (Walker, J.), entered June 15, 2011, which granted the petition.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the petition is denied.

The Supreme Court improvidently exercised its discretion in granting the petition for leave to serve a late notice of claim. The petitioners failed to provide a reasonable excuse for their failure to serve a timely notice of claim *(see Matter of Felice v*
      *771
      *Eastport/South Manor Cent. School Dist.,*50 AD3d 138, 147 [2008]). The infancy of one of the petitioners, without any showing of a nexus between the infancy and the delay, was insufficient to constitute a reasonable excuse *(see Robertson v Somers Cent. School Dist.,*90 AD3d 1012 [2011]; *Matter of Tonissen v Huntington U.F.S.D.,*80 AD3d 704 [2011]; *Matter of Padgett v City of New York, 78*AD3d 949 [2010]; *Grogan v Seaford Union Free School Dist.,*59 AD3d 596 [2009]), and no medical documentation was submitted to show that the delay was due to the infant petitioner’s physical and emotional injuries *(see Robertson v New York City Hous. Auth.,*237 AD2d 501 [1997]; *Matter of Nunes v City of New York,*233 AD2d 399, 400 [1996]; *Matter of Caruso v County of Westchester,*220 AD2d 746 [1995]).

Moreover, the petitioners failed to establish that the appellant, the Tuckahoe Union Free School District (hereinafter the School District), had actual knowledge of the essential facts within 90 days of the alleged underlying incidents or a reasonable time thereafter *(see Nuamah v City of New York,*13 AD3d 502 [2004]; *Matter of Rodrigues v Village of Port Chester,*262 AD2d 491, 492 [1999]; *Matter of Cuffee v City of New York,*255 AD2d 440 [1998]). Finally, the petitioners failed to establish that the delay in serving a notice of claim would not substantially prejudice the School District *(see Matter of Landa v City of New York,*252 AD2d 525 [1998]; *Matter of Deegan v City of New York,*227 AD2d 620 [1996]). Angiolillo, J.P., Florio, Leventhal and Lott, JJ., concur.
<PAGE>


EXHIBIT 32

STATEMENT PURSUANT TO 18 U.S.C. SECTION 1350 AS REQUIRED BY SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of TB Wood's Corporation (the "Company")
on Form 10-Q for the quarterly period ended March 31, 2006, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned hereby certify that to the best of our knowledge:

1. The Report fully complies with the requirements of section 13(a) or 15(d) of
   the Securities and Exchange Act of 1934; and

2. The information continued in the report fairly presents, in all material
   respects, the financial condition and results of operations of the Company.

May 5, 2006  /s/William T. Fejes      President and Chief Executive Officer
             -------------------
             William T. Fejes

May 5, 2006 /s/Joseph C. Horvath   Vice-President and Chief Financial Officer
            --------------------
            Joseph C. Horvath

A signed original of this written statement required by Section 906 has been
provided to TB Wood's Corporation and will be retained by TB Wood's Corporation
and furnished to the Securities and Exchange Commission or its staff upon
request.
IN THE UNITED ST ATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

MARLIN BRANDT POHLMAN, 

Plaintiff, 

v. 

DR. CHRISTOPHERDIGULIO, DR. 

DANIELLE FUZI, OFFICER JOHN SMITH, 

NURSE CARTER, NURSE K. 

RICHARDSON, NURSE LANDA VERDE, 

NURSE CLEMENTS, JOE CAPPS, MARK 

NOOTH, and STATE OF OREGON 

Defendants. 

PAPAK, Magistrate Judge: 

3:14-cv-1483-PK 

OPINION AND ORDER 

Now before the comi is plaintiff Marlin Brandt Pohlman's "Objection" (#136), which I 

construe as a Motion for Protective Order. Pohlman filed this motion without complying with 

the comi's December 29, 2015 Order (#101) requiring him to obtain the comi's permission prior 

to filing any additional motions. Therefore, Pohlman's Motion for Protective Order (#136) is 

denied. 

Dated this 30th day of March, 2016. 

OPINION AND ORDER-PAGE 1 

Case 3:14-cv-01483-PK Document 137 Filed 03/30/16 Page 1 of 1
#### Lexington Insurance Company, as Subrogee of J. M. L. Trading Corp., Respondent, v Schuyler Bumpers, Inc., Appellant.

— In an action to recover for property damage allegedly sustained by the plaintiffs subrogor, the defendant appeals from an order of the Supreme Court, Richmond County (Sullivan, J.), dated October 15, 1985, which, upon a finding after a hearing that service of process was properly made upon it, denied its motion to dismiss the complaint.

Ordered, that the order is reversed, without costs or disbursements, and the matter is remitted to the Supreme Court, Richmond County, for a new hearing and determination.

The defendant moved to dismiss the complaint, *inter alia,*upon the ground that the defendant had never been served with a copy of the summons and complaint. Among the defendant’s moving papers were affidavits by Fred B. Schuyler, a vice-president of the defendant, and Dorothy Fuchs, stating that Dorothy Fuchs, the employee of the defendant upon whom service was made, was not a person authorized by appointment or by law to accept service of process intended for the defendant. The plaintiffs papers in opposition included an affidavit of service by Muriel Russell, the process server, stating that Dorothy Fuchs was a managing agent of the defendant.

At the hearing, Russell testified that before she served the papers, Fuchs told her she was the manager and that she could accept service. Fuchs testified that at the time of the service of process, she was merely a part-time secretary, and had informed Russell that she should not serve the papers upon her because she was not the manager and "there’s nobody here in charge of’ the defendant’s office.

Upon the completion of the testimony at the hearing, the court was unable to discern whether Russell or Fuchs was telling the truth, but found in the plaintiff’s favor upon the ground that once the plaintiff had presented the testimony of its process server, "[i]t then became defendant’s burden to show improper service by a preponderance of the evidence”. However, it is well established that "the burden of proving that personal jurisdiction was acquired rests at all times upon the plaintiff in the action * * * [wjhere * * * there is a sworn denial of service by the defendant, the affidavit of service is rebutted and the plaintiff must establish jurisdiction by a preponderance of the evidence at a hearing” *(Skyline Agency v*
      *555
      *Ambrose Coppotelli, Inc.,*117 AD2d 135, 139; *Anton v Amato,*101 AD2d 819; *De Zego v Donald F. Bruhn, M.D., P. C.,*99 AD2d 823, *affd*67 NY2d 875). Under the circumstances of this case, since the court did not apply the proper standard in weighing the evidence, a new hearing is required *(see, Powell v Powell,*114 AD2d 443). Thompson, J. P., Rubin, Lawrence and Kunzeman, JJ., concur.
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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 Quarterly Report of Optical Cable Corporation (the Company) on Form 10-Q for the quarter ended January 31, 2010 as filed with the Securities and Exchange Commission
on the date hereof (the Report), the undersigned hereby certifies, 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 and Exchange Act of 1934; and (2) the information contained in the Report fairly represents, in all material respects, the financial condition and results of operations of the
Company as of January 31, 2010, and for the period then ended.



|                     |  |                                                                          
|-------------------- |  | -------------------------------------------------------------------------
|Date: March 17, 2010 |  | /s/ Neil D. Wilkin, Jr.                                                  
|                     |  | Neil D. Wilkin, Jr.                                                      
|                     |  | Chairman of the Board of Directors, President and Chief Executive Officer
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II

105TH CONGRESS

2D SESSION S. 1988

To provide for the release of interests of the United States in certain real

property located in Augusta, Maine.

IN THE SENATE OF THE UNITED STATES

APRIL 24, 1998

Ms. COLLINS (for herself and Ms. SNOWE) introduced the following bill; which

was read twice and referred to the Committee on Armed Services

A BILL

To provide for the release of interests of the United States

in certain real property located in Augusta, Maine.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. RELEASE OF INTERESTS IN REAL PROPERTY,

4 FORMER KENNEBEC ARSENAL, AUGUSTA,

5 MAINE.

6 (a) REQUIREMENT.—The Secretary of the Army shall

7 release, without consideration, all right, title, and interest

8 of the United States in and to the real property described

9 in subsection (b).
2

•S 1988 IS

1 (b) COVERED PROPERTY.—The real property re2 ferred to in subsection (a) is the parcel of real property

3 consisting of approximately 40 acres located in Augusta,

4 Maine, and formerly known as the Kennebec Arsenal,

5 which parcel was conveyed by the Secretary of War to the

6 State of Maine under the provisions of the Act entitled

7 ‘‘An Act Authorizing the Secretary of War to convey the

8 Kennebec Arsenal property, situated in Augusta, Maine,

9 to the State of Maine for public purposes’’, approved

10 March 3, 1905 (33 Stat. 1270), as amended by section

11 771 of the Department of Defense Appropriations Act,

12 1981 (Public Law 96–527; 94 Stat. 3093).

13 (c) INSTRUMENT OF RELEASE.—The Secretary of

14 the Army shall execute and file in the appropriate office

15 a deed of release, amended deed, or other appropriate in16 strument effectuating the release of interests required by

17 this section.

Æ