alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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-Q of IDX Systems Corporation
(the "Company") for the period ended June 30, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), the undersigned,
James H. Crook, Jr., Chief Executive Officer of the Company, and John A. Kane,
Chief Financial Officer of the Company, each 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.





                                         /S/ JAMES H. CROOK, JR.
                                         ---------------------------------------
Dated:  August 1, 2003                   James H. Crook, Jr.
                                         Chief Executive Officer





                                         /S/ JOHN A. KANE
                                         ---------------------------------------
Dated:  August 1, 2003                   John A. Kane
                                         Sr. Vice President,
                                         Finance and Administration,
                                         Chief Financial Officer and
                                         Treasurer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE FORM
10-QSB FOR THE QUARTERLY PERIOD ENDED DECEMBER 31, 1999 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH CONSOLIDATED FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                         254,854
<SECURITIES>                                         0
<RECEIVABLES>                                   22,227
<ALLOWANCES>                                   335,778
<INVENTORY>                                    209,137
<CURRENT-ASSETS>                               495,752
<PP&E>                                          30,174
<DEPRECIATION>                                   8,761
<TOTAL-ASSETS>                                 533,853
<CURRENT-LIABILITIES>                          205,507
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        30,564
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                         0
<SALES>                                        111,471
<TOTAL-REVENUES>                               111,471
<CGS>                                           57,790
<TOTAL-COSTS>                                  282,591
<OTHER-EXPENSES>                                23,629
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (252,539)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (252,539)
<EPS-BASIC>                                      (.08)
<EPS-DILUTED>                                    (.08)


</TABLE>
<PAGE>   1
                                                                EXHIBIT 10.21



                                [SRS LETTERHEAD]



August 27, 1999


Mr. James Gardner
4 Christamon East
Irvine, CA 92620


Dear Jim:

It is with great pleasure that I invite you to join SRS (o) Labs, Inc. as Vice
President and Chief Financial Officer. This is an extremely important position
as you will be responsible for managing and controlling all aspects of the
company's financial and corporate administrative activities.

Your position will have a monthly salary of $9,583.33. You will also be eligible
to participate in the executive bonus plan. A copy of the plan will be provided
to you.

You will be eligible on your first day to enroll in our benefits plan, which
includes medical, dental and vision insurance, for you and your family, as well
as life insurance for yourself in the amount of $50,000. Coverage will begin on
the first day of the month following your employment. A copy of the plan will be
provided to you during your first week of employment.

As an added incentive, we are pleased to grant you 75,000 stock options for SRS
Labs, Inc. The Compensation Committee of the Board of Directors will set the
grant date. The Company Stock Option program will govern these stock options and
a copy of the plan will be provided to you.

You will be eligible to take two weeks vacation each year. Your vacation
eligibility will begin after the completion of your introductory period, at
which time, you may take what you have earned.

SRS also offers employees the option to participate in an Employee-only
Contributory 401(k) plan. You are eligible to participate in this Plan after
completing a 90-day introductory period. The entry dates of the plan fall on the
first day of each month. A copy of the plan will be provided to you during your
first week of employment.

Your official starting date will be August 31, 1999, and you will be reporting
to Tom Yuen, Chief Executive Officer.



<PAGE>   2

Mr. James Gardner
August 27, 1999


Any offer of employment will be contingent on the submission of proof of your
eligibility to work in the United States and the signing of the SRS Labs, Inc.
At-Will Employment Agreement and the Confidentiality, Non-Competition, and
Compliance Agreement, copies of which are attached for your reference.

Jim, if this offer meets with your approval, please indicate your acceptance in
the space provided below. We look forward to having you as part of our team as
we establish SRS (o) as the industry standard in contemporary audio and voice
processing.

Sincerely,
SRS Labs, Inc.

/s/  THOMAS C.K. YUEN

Thomas C.K. Yuen
Chairman and Chief Executive Officer

Enc.

I Accept:    /S/ JAMES F. GARDNER                  8/31/99
           -------------------------        --------------
             Name                                  Date
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                          11,785
<SECURITIES>                                         0
<RECEIVABLES>                                  221,484
<ALLOWANCES>                                    15,074
<INVENTORY>                                    134,196
<CURRENT-ASSETS>                               429,389
<PP&E>                                         101,521
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 638,939
<CURRENT-LIABILITIES>                          600,669
<BONDS>                                      1,204,178
<PREFERRED-MANDATORY>                          200,000
<PREFERRED>                                          0
<COMMON>                                           200
<OTHER-SE>                                  (1,459,568)
<TOTAL-LIABILITY-AND-EQUITY>                   638,939
<SALES>                                              0
<TOTAL-REVENUES>                             1,052,548
<CGS>                                          968,675
<TOTAL-COSTS>                                   33,378
<OTHER-EXPENSES>                                 3,220
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              28,869
<INCOME-PRETAX>                                 18,406
<INCOME-TAX>                                     1,621
<INCOME-CONTINUING>                             16,785
<DISCONTINUED>                                (198,000)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (181,215)
<EPS-BASIC>                                      (0.95)
<EPS-DILUTED>                                    (0.93)


</TABLE>
II

105TH CONGRESS

2D SESSION S. 2122

To amend the Internal Revenue Code of 1986 to provide that certain liquidating distributions of a regulated investment company or a real estate

investment trust which are allowable as a deduction shall be included

in the gross income of the distributee.

IN THE SENATE OF THE UNITED STATES

MAY 22, 1998

Mr. ROTH (for himself and Mr. MOYNIHAN) introduced the following bill;

which was read twice and referred to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to provide

that certain liquidating distributions of a regulated investment company or a real estate investment trust

which are allowable as a deduction shall be included

in the gross income of the distributee.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 2122 IS

1 SECTION 1. TREATMENT OF CERTAIN DEDUCTIBLE LIQ2 UIDATING DISTRIBUTIONS OF REGULATED

3 INVESTMENT COMPANIES AND REAL ESTATE

4 INVESTMENT TRUSTS.

5 (a) IN GENERAL.—Section 332 of the Internal Reve6 nue Code of 1986 (relating to complete liquidations of sub7 sidiaries) is amended by adding at the end the following

8 new subsection:

9 ‘‘(c) DEDUCTIBLE LIQUIDATING DISTRIBUTIONS OF

10 REGULATED INVESTMENT COMPANIES AND REAL ES11 TATE INVESTMENT TRUSTS.—If a corporation receives a

12 distribution from a regulated investment company or a

13 real estate investment trust which is considered under sub14 section (b) as being in complete liquidation of such com15 pany or trust, then, notwithstanding any other provision

16 of this chapter, such corporation shall recognize and treat

17 as a dividend from such company or trust an amount

18 equal to the deduction for dividends paid allowable to such

19 company or trust by reason of such distribution.’’.

20 (b) CONFORMING AMENDMENTS.—

21 (1) The material preceding paragraph (1) of

22 section 332(b) of such Code is amended by striking

23 ‘‘subsection (a)’’ and inserting ‘‘this section’’.

24 (2) Paragraph (1) of section 334(b) of such

25 Code is amended by striking ‘‘section 332(a)’’ and

26 inserting ‘‘section 332’’.
3

•S 2122 IS

1 (c) EFFECTIVE DATE.—The amendments made by

2 this section shall apply to distributions after May 21,

3 1998.

Æ
Order entered October 26, 2020

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-20-00847-CV

IN THE INTEREST OF N.K.R.M., A CHILD

On Appeal from the 256th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DF-17-20137

ORDER

Before the Court is appellant’s motion for extension of time to file his notice 

of appeal. We GRANT the motion and deem the notice of appeal filed September 

18, 2020 timely for jurisdictional purposes.

We ORDER Glenda Finkley, Official Court Reporter for the 256th Judicial 

District Court, to file the reporter’s record no later than November 30, 2020.

We DIRECT the Clerk of the Court to send a copy of this order to Ms. 

Finkley and the parties.

/s/ ERIN A. NOWELL 

JUSTICE
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   9-MOS                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996             DEC-31-1995
<PERIOD-END>                               SEP-30-1996             SEP-30-1995
<CASH>                                           6,456                      80
<SECURITIES>                                         0                       0
<RECEIVABLES>                                    3,872                   4,562
<ALLOWANCES>                                         0                       0
<INVENTORY>                                      6,282                   6,430
<CURRENT-ASSETS>                                16,798                  11,233
<PP&E>                                           2,645                   2,412
<DEPRECIATION>                                   1,293                   1,003
<TOTAL-ASSETS>                                  18,247                  12,852
<CURRENT-LIABILITIES>                            3,940                   6,538
<BONDS>                                          1,757                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                             6                       0
<OTHER-SE>                                      12,444                   6,314
<TOTAL-LIABILITY-AND-EQUITY>                    18,247                  12,852
<SALES>                                         18,925                  18,796
<TOTAL-REVENUES>                                18,925                  18,796
<CGS>                                           13,041                  12,439
<TOTAL-COSTS>                                   13,041                  12,439
<OTHER-EXPENSES>                                   234                   1,072
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                  30                     280
<INCOME-PRETAX>                                  2,761                   2,149
<INCOME-TAX>                                       970                      10
<INCOME-CONTINUING>                              1,791                   2,139
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                     1,791                   2,139
<EPS-PRIMARY>                                     0.36                    0.66
<EPS-DILUTED>                                        0                       0
<PAGE>
 
                                                                    Exhibit 23.1



                        CONSENT OF INDEPENDENT AUDITORS
                                        

We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 333-22403) pertaining to the 1996 Equity Participation Plan of Rental
Service Corporation, the Registration Statement (Form S-8 No. 333-29579)
pertaining to the First Amended and Restated Employee Qualified Stock Purchase
Plan of Rental Service Corporation and the Registration Statement (Form S-8 No.
333-18637) pertaining to the 1995 Stock Option Plan for Key Employees of Acme
Acquisition Holdings Corp. of our report dated February 12, 1998 with respect to
the consolidated financial statements of Rental Service Corporation included in
the Annual Report and Form 10-K for the year ended December 31, 1997.



                                         /s/ ERNST & YOUNG LLP



Phoenix, Arizona
March 5, 1998
The HONORABLE HAROLD D. VIETOR, United States District Judge for

1

the Southern District of Iowa. 

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 98-1759

___________

United States of America, *

 *

Appellee, *

 * Appeal from the United States

v. * District Court for the

 * Southern District of Iowa.

Wanda Grother, *

 * [UNPUBLISHED]

Appellant. *

___________

 Submitted: January 26, 1999

 Filed: February 1, 1999 

___________

Before LOKEN, HEANEY, and MORRIS SHEPPARD ARNOLD, Circuit Judges. 

___________

PER CURIAM.

Wanda Grother challenges the sentence imposed on her by the district court1

following her guilty plea to conspiracy to distribute methamphetamine, in violation of

21 U.S.C. § 846. Upon the government’s motion for a downward departure under U.S.

Sentencing Guidelines Manual § 5K1.1 (1998) and 18 U.S.C. § 3553(e), the district

court granted a 20% departure from the bottom of the Guidelines range of 120-135

months, and sentenced Grother to 96 months imprisonment and 5 years supervised
-2-

release. On appeal Grother argues only that the district court abused its discretion by

granting no more than a 20% departure. However, we may not review the extent of a

district court’s downward departure under either section 5K1.1 or 3553(e). See United

States v. Sharp, 931 F.2d 1310, 1311 (8th Cir. 1991); see also United States v.

Dutcher, 8 F.3d 11, 12 (8th Cir.1993). Consistent with our prior order, we have

reviewed the record for any nonfrivolous issues, and have found none. See Penson v.

Ohio, 488 U.S. 75, 80 (1988). Accordingly, we affirm. 

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
#### In the Matter of Consolidated Edison Company of New York, Inc., Respondent, v City of New York et al., Appellants.

Submitted April 23, 2007;

decided April 26, 2007

Motion by the Association of Towns of the State of New York et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed.
#### Nahshon Jackson, Appellant, v State of New York, Respondent.

Submitted December 4, 2006;

decided January 16, 2007

Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the action within the meaning of the Constitution. Motion for poor person relief dismissed as academic.
Case 6:15-cv-00121-MA Document 38 Filed 04/21/16 Page 1 of 2
Case 6:15-cv-00121-MA Document 38 Filed 04/21/16 Page 2 of 2
#### Baker *et al.*v. Thornton.

Appeal from Bullock Chancery Court.

Heard before the Hon. William L. Parks.

D. S. Bethune, for appellants.

J. D. Norman, for appellee.

The appellant, CL T. Baker, .and defendant, It. C, Thornton, under style of Thornton & Baker, were engaged as equal partners in a general mercantile and ginnery business. On discontinuing their business, they were unable to settle and wind up their business. They at length agreed upon a plan to wind up their business, as follows: G. T. Baker to execute a joint note with his brother, B. L. Baker, payable to defendant, B. G. Thornton, for $1,000 for a debt that B. L. Baker owed the firm of Thornton & Baber, and B. C. Thornton to take charge of all the effects of the firm, make collections, etc., and pay the debts of the firm out of his own individual funds. It was also agreed that the assets of the firm were to be equally divided, and that as fast as the said Thornton would make collection, that he would apply one-half of said collection to the credit of said note of G, T. and B. L. Baker, and that if any reduction by compromise on any debts owing by the firm was secured by the said G. T. Baker, that said reduction should be ■applied as credit to said note, and if any debts were paid by the said G. T. Baker, that he was to have credit for the same on said note. That the said Thornton in accordance with this agreement for a settlement of their partnership business took charge of all the assets of said firm, and made collection in monies and other personal property and refused to account to said G. T. Baker for any such assets, and in disregard for their agreement, did institute suit against G. T. Baker and R. L. Baker on aforesaid note of $1,000 allowing no credits or discounts whatever, knowing that there had not been any settlement of partnership accounts, nor any balance ascertained to be due one to 'the other in regard to the partnership transaction of said partners. Whereupon *708George T. Baker and B. L. Baker filed their bill to enjoin said suit in the circuit court of Bullock county and praying that 'an account be made and stated under the direction of the court for the purpose of adjusting a settlement of the partnership accounts between the said partners, the complainants placing themselves within the jurisdiction of the court to abide its orders.

On the final submission of the cause on the pleadings- and proof, the chancellor rendered a decree holding that the complainants were not entitled to- the relief prayed for and ordering their bill dismissed. The present appeal is prosecuted from that decree.

Decree affirmed.

Opinion by

Tyson, J.
#### The People of the State of New York, Respondent, v Harry Gotte, Appellant.

— Appeal by the defendant from a judgment of the County Court, Nassau County (Goodman, J.), rendered June 9, 1983, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, the plea is vacated, and the matter is remitted to the County Court, Nassau County, for further proceedings consistent herewith.

The defendant, who was 13 years old at the time of the crime, pleaded guilty as a juvenile offender to murder in the second degree in connection with the shooting death of his mother and was promised a sentence of nine years to life. Even though this was the maximum sentence which could have been imposed because of the defendant’s age, the court stated at the plea allocution that on such a charge the defendant "could do 25 to life”. Although the court later described the sentence which it had promised to impose as "the maximum sentence that I can give you under the law”, it went on immediately to state that if the presentence report recommended a more severe sentence the defendant would be permitted to withdraw his plea, thus indicating the possibility of a longer sentence. Because of the misleading effect of these ambiguous statements regarding the possible extent of the punishment, the judgment must be reversed and the plea vacated *(see, People v White,*64 AD2d 721; *see also, People v Camacho,*102 AD2d 728; *People v Moore,*78 AD2d 997; *People v Mackley,*71 AD2d 1054). We therefore do not address the defendant’s contentions concerning the effectiveness of counsel or the sentence. Thompson, J. P., Niehoff, Rubin and Eiber, JJ., concur.
#### Gaspare Guinta, Appellant, v Linda Guinta, Respondent.

*709Special Term’s failure to hold an evidentiary hearing on the plaintiffs cross motion for modification of the divorce judgment was not improper since the cross motion was not timely interposed or on the court’s calendar. Similarly, no evidentiary hearing was required on the defendant’s application as some of the relief sought was consented to, this case did not involve a question of whether the plaintiff was guilty of contempt, and the plaintiff did not specifically oppose the request for a counsel fee. Finally, the delay between the court’s oral decision and its signing of a written order does not warrant reversal. Mangano, J. P., Brown, Rubin and Fiber, JJ., concur.