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

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 Revett Minerals Inc.
(the Company) on Form 10-Q for the period ended June 30, 2009, as filed with
the Securities and Exchange Commission on the date hereof (the Report), each
of the undersigned hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 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 result of operations of the
Company.

|/s/ John Shanahan                     | 
|------------------------------------- | 
|                                      | 
|John Shanahan                         | 
|President and Chief Executive Officer | 
|Date: August 14, 2009                 | 

A signed original of this written statement required by Section
906 has been provided to Revett Minerals Inc. and will be retained by Revett
Minerals Inc. and furnished to the Securities and Exchange Commission or its
staff upon request.

---
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 Carbon Sciences, Inc (the “Company”) on Form 10-Q for the quarter ended March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Byron Elton, Chief Executive Officer and Acting Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. 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 presents, in all material respects, the financial condition and result of operations of the Company.





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.





May 14, 2010
/s/ Byron EltonByron EltonChief Executive Officer andActing Chief Financial Officer (Principal Executive Officer and Principal Accounting and Financial Officer)
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Justice

###### Antitrust Division

                    Notice is hereby given that, on April 18, 2001, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. § 4301                     *et seq.*                     (“the Act”), Portland Cement Association (“PCA”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership status. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, FMSC Group Inc., Bethlehem, PA has been added as an Associate Member of this venture; and Bulk Materials International Company, Newton, CT is no longer an Associate Member. Also, Southdown, Inc., Owen Sound, Ontario, CANADA was acquired by CEMEX, Monterrey, MEXICO; and Southdown, Inc. and CEMEX USA, Houston, TX are now known as Cemex, Inc.                

No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and PCA intends to file additional written notification disclosing all changes in membership.

                    On January 7, 1985, PCA filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the                     **Federal Register**                     pursuant to Section 6(b) of the Act of February 5, 1995 (50 FR 5015).                

                    The last notification was filed with the Department on February 13, 2001. A notice was published in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on March 8, 2001 (66 FR 13971).                

Constance K. Robinson,

Director of Operations, Antitrust Division.

[FR Doc. 01-13032  Filed 5-22-01; 8:45 am]

BILLING CODE 4410-11-M
# C_2018042EN.01003801.xml

| 5.2.2018 | EN | Official Journal of the European Union | C 42/38 |
| --- | --- | --- | --- |

5.2.2018

EN

Official Journal of the European Union

C 42/38

---

Action brought on 5 December 2017 — Man Truck & Bus v EUIPO — Halla Holdings (MANDO)

(Case T-792/17)

(2018/C 042/53)

Language in which the application was lodged: German

Parties

Parties

Applicant: Man Truck & Bus AG (Munich, Germany) (represented by: C. Röhl, lawyer)

Applicant:

Defendant: European Union Intellectual Property Office (EUIPO)

Defendant:

Other party to the proceedings before the Board of Appeal: Halla Holdings Corp. (Yongin-si, Republic of Korea)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before EUIPO

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Proprietor of the trade mark at issue:

Trade mark at issue: European Union figurative mark ‘MANDO’ — Application for registration No 11 276 301

Trade mark at issue:

Procedure before EUIPO: Opposition proceedings

Procedure before EUIPO

Contested decision: Decision of the First Board of Appeal of EUIPO of 14 September 2017 in Case R 1677/2016-1

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order EUIPO to pay the costs. |
| --- | --- |

—

order EUIPO to pay the costs.

Plea(s) in law

Plea(s) in law

| — | Infringement of 8(1) of Regulation No 207/2009. |
| --- | --- |

—

Infringement of 8(1) of Regulation No 207/2009.

---
Exhibit
32.2




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 Titanium Asset Management Corp. (the
“Registrant”) on Form 10-Q for the quarter ended September 30, 2010, as filed
with the Securities and Exchange Commission as of the date hereof (the
“Report”), I, Jonathan Hoenecke, Chairman and Chief Executive Officer of the
Company, hereby certify pursuant to 18 U.S.C. § 1350, as adopted pursuant to §
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, as amended;
  and




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




Dated:
      November 15, 2010
              /s/ Jonathan HoeneckeJonathan
      HoeneckeChief
      Financial Officer
[925 NE2d 867, 899 NYS2d 65]

#### The People of the State of New York, Respondent, v Michael Edwards, Appellant.

*734Decided February 11, 2010

APPEARANCES OF COUNSEL

*Timothy P. Donaher, Public Defender,*Rochester *(Grazina Myers*of counsel), for appellant.

*Andrew M. Cuomo, Attorney General,*New York City *(Roseann B. MacKechnie*of counsel), for respondent.

*735OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Whether a particular request for counsel “is or is not unequivocal is a mixed question of law and fact,” which, if supported by record evidence, is beyond further review by this Court *(People v*Glover, 87 NY2d 838, 839 [1995]). Such record evidence exists here.

A missing witness charge is warranted for a party’s failure to produce a witness, under its control, where his or her testimony would have been material and noncumulative of other testimony or evidence *(see People v*Macana, 84 NY2d 173, 177 [1994]; *People v Gonzalez,*68 NY2d 424, 427 [1986]). “[T]he party seeking the missing witness charge must sustain an initial burden of showing that the opposing party has failed to call a witness who could be expected to have knowledge regarding a material issue in the case and to provide testimony favorable to the opposing party” *(Macana,*84 NY2d at 177). Here, defendant argued that the uncalled witness could have either contradicted or corroborated the complaining witness, but did not demonstrate that her testimony would have been noncumulative or expected to be favorable to the People.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed in a memorandum.
#### In re Barbara S. GIRARD, Member of the Bar.

No. 06-8001.

United States Court of Appeals for Veterans Claims.

Nov. 29, 2006.

Before GREENE, Chief Judge, and KASOLD and HAGEL, Judges.

ORDER

PER CURIAM:

On February 15, 2006, attorney Barbara S. Girard (respondent) was disbarred from the practice of law by the Supreme Court of the State of Kansas. Pursuant to Rule 4(c) of the Court’s Rules of Admission and Practice (the Rules), the respondent was obligated to advise the Court of the disbarment, which is a public discipline for professional misconduct, not later than ten days after its occurrence, which would have been February 25, 2006. *See*U.S. Vet.App.R.Adm. & PRAC. 4(c). The Court did not receive any such communication from the respondent.

On March 9, 2006, the respondent was temporarily suspended from practice before the Court pending proceedings under the Rules. *See*U.S. Vet.App.R.Adm. *&*Prac. 7(d)(1)(B). On the same date, the matter was referred to this Panel.

*493The Court received a letter from the respondent, dated March 13, 2006, which acknowledged her disbarment from the Kansas Bar and her failure to comply with Rule 4(c), and consented to disbarment from this Court. Subsequently, on June 26, 2006, the Court received an affidavit from the respondent in which she “freely and voluntarily consents] to disbarment from the practice of law before the Court of Appeals for Veterans Claims.”

Although the respondent freely and voluntarily consented to disbarment from this Court, Rule 7(d)(2)(B) requires that in matters concerning reciprocal discipline, the Panel will “issue an order to show cause why” this Court should not impose an “identical discipline” as that imposed, in this instance, by the Supreme Court of the State of Kansas. Accordingly, on October 12, 2006, the Court ordered the respondent to show cause, within 30 days, as to why a discipline identical to that imposed by the Kansas Bar should not be imposed by this Court. The October 12, 2006, order noted: “If respondent does not timely respond, this Court will issue an order of disbarment from the practice of law before the U.S. Court of Appeals for Veterans Claims.” No response having been received by the Court, it is

ORDERED that Barbara S. Girard is disbarred from practice before this Court.
[Federal Register Volume 66, Number 10 (Tuesday, January 16, 2001)]
[Presidential Documents]
[Page 3851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1340]



[[Page 3849]]

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

Part XI





The President





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



Memorandum of March 3, 2000--Delegation of Authority To Transmit Report 
on Cooperative Projects With Russia


                        Presidential Documents 



Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 3851]]

                Memorandum of March 3, 2000

                
Delegation of Authority To Transmit Report on 
                Cooperative Projects With Russia

                Memorandum for the Secretary of Defense

                By authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including section 301 of title 3, I hereby 
                delegate to the Secretary of Defense the duties and 
                responsibilities vested in the President by section 
                2705(d) of Division G of the Omnibus Consolidated and 
                Emergency Supplemental Appropriations Act, 1999 (Public 
                Law 105-277; 112 Stat. 2681-844). Such duties and 
                responsibilities shall be exercised subject to the 
                concurrence of the Secretary of State.

                The reporting requirements delegated by this memorandum 
                to the Secretary of Defense may be redelegated not 
                lower than the Under Secretary level. The Department of 
                Defense shall obtain clearance on the report from the 
                Office of Management and Budget prior to its submission 
                to the Congress.

                Any reference in this memorandum to the provisions of 
                any Act shall be deemed to be referenced to such Act or 
                its provisions as may be amended from time to time.

                You are authorized and directed to publish this 
                memorandum in the Federal Register.

                    (Presidential Sig.)<Clinton1><Clinton2>

                THE WHITE HOUSE,

                    Washington, March 3, 2000

[FR Doc. 01-1340
Filed 1-12-01; 8:45 am]
Billing code 5001-10-M
EXHIBIT 32

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION
1350 
AS ADOPTED PURSUANT TO SECTION 906 OFTHE SARBANES-OXLEY ACT OF 2002

In connection
with the Quarterly Report of Monarch Investment Properties, Inc. (the
Company) on Form 10-QSB for the quarter ended December 31, 2007 as filed with
the Securities and Exchange Commission on the date hereof (the Report), the
undersigned, Stephen Gould, Principal Financial Officer of the Company, and David Miller, Principal
Executive Officer, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to our knowledge,
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/ Stephen
  M. Gould        | 
|                              | 
|Principal
  Financial Officer | 
|January 15,
  2008            | 
|                              | 
|/s/ David
  Miller            | 
|                              | 
|Principal Executive Officer   | 
|January 15,
  2008            | 

A signed
original of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 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.

The foregoing
certification is being furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the
United States Code) and is not being filed as part of the Report or as a
separate disclosure document.

---
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





The
undersigned, Asher Zwebner, Interim Chief Executive Officer, Chief Financial
Officer and Director of Majic Wheels Corp. (the “Company”), certifies, under the
standards set forth and solely for the purposes of 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to his
knowledge, the Quarterly Report on Form 10-Q of the Company for the quarter
ended June 30, 2010, fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information
contained in that Form 10-Q fairly presents, in all material respects, the
financial condition and results of operations of the Company.




Date:
      November 22, 2010.
                    By:
                    /s/
      Asher ZwebnerName: Asher
      ZwebnerTitle: Interim
      Chief Executive Officer, Financial Officer and Director(Principal
      Executive, Financial and Accounting
Officer)




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.
[Federal Register Volume 66, Number 104 (Wednesday, May 30, 2001)]
[Notices]
[Page 29330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13497]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

[Program Announcement 01038]


Cooperative Agreement for 2001 National Breast and Cervical 
Cancer Early Detection Program; Notice of Availability of Funds; 
Amendment

    A notice announcing the availability of Fiscal Year 2001 funds to 
fund a cooperative agreement program for a National Breast and Cervical 
Cancer Early Detection Program was published in the Federal Register on 
May 17, 2001, [Vol 66, Number 96, Pages 27505-27511]. The notice is 
amended as follows:
    On page 27505, second column, under section B. Eligible Applicants, 
the first paragraph, second line, insert ``and territories (including 
the Federated States of Micronesia and the Republic of the Marshall 
Islands) between the words ``States'' and ``or''.
    On page 27505, second column, under section B. Eligible Applicants, 
the first paragraph, third line, insert ``or instrumentalities'' 
between the words ``agents,'' and ``including''.
    On page 27505, second column, under section B. Eligible Applicants, 
the first paragraph, line nine, insert ``(including Indian Tribes, 
Tribal organizations, Alaska Natives and Urban Indian organizations and 
inter-tribal consortia, hereafter referred to as Tribes). An inter-
tribal consortium or American Indian/Alaskan Native (AI/AN) 
organization is only eligible for funding if its primary purpose for 
incorporation is to improve AI/AN health, and it is representative of 
the Tribes, Alaska Native villages, or Urban Indian communities in 
which it is located. Tribes are encouraged to collaborate with other 
Tribes to expand the potential screening population.'' after the words 
``Tribal government''
    On page 27507, third column, under section F. Program Requirements, 
Recipient Activities, delete item 1.c.

    Dated: May 22, 2001.
Henry S. Cassell III,
Acting Director, Procurement and Grants Office, Centers for Disease 
Control and Prevention (CDC).
[FR Doc. 01-13497 Filed 5-29-01; 8:45 am]
BILLING CODE 4163-18-M
#### Mason L. WILSON, petitioner, v. Jim NICHOLSON, Secretary of Veterans Affairs.

No. 05-9480.

July 31, 2006.

Petition for rehearing denied.
Exhibit
32.2


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 Tremisis Energy Acquisition Corporation
II (the “Company”) on Form 10-Q for the period ending September 30, 2009 (the
“Report”), as filed with the Securities and Exchange Commission on the date
hereof, I Yeon-su Kim, Chief Financial Officer of the Company, certify pursuant
to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 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, as amended; and




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




Date:
      November 16, 2009
                  /s/
      Yeon-su KimName:
                  Yeon-su KimTitle:
                  Chief
      Financial Officer and Secretary(Principal
      Financial and Accounting
Officer)
#### UNITED STATES of America, Plaintiff-Appellee, v. Johnny Lee COLE, Defendant-Appellant.

No. 12-15367

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

June 3, 2013.

Brent Alan Gray, Robert McBurney, Lawrence R. Sommerfeld, Sally Yates, U.S. Attorney’s Office, Atlanta, GA, for Plaintiff-Appellee.

Nicole Kaplan, Stephanie A. Kearns, Federal Defender Program, Inc., Atlanta, GA, for Defendant-Appellant.

Before BARKETT, HULL, and JORDAN, Circuit Judges.

PER CURIAM:

Johnny Lee Cole appeals his 188-month total sentence, imposed after pleading guilty to three counts of child pornography distribution, in violation of 18 U.S.C. § 2252A(a)(2), and one count of child pornography possession, in violation of 18 U.S.C. § 2252A(a)(5)(B). The district court calculated an advisory guidelines range of 188 to 235 months’ imprisonment, although owing to a prior state court conviction for child molestation, Cole faced a statutory minimum term of 15 years (180 months) and a statutory maximum term of 40 years. 18 U.S.C. § 2252A(b)(l). Cole requested a downward variance from the guidelines range to the statutory minimum of 180 months, which the court rejected before imposing a low-end total sentence of 188 months. Cole complains on appeal that his total sentence is substantively unreasonable because the court abused its discretion in denying his eight-month downward variance request, and the resulting total sentence is greater than necessary to satisfy the sentencing factors set out in 18 U.S.C. § 3553(a).

We review the substantive reasonableness of a sentence for abuse of discretion. *Gall v. United States,*552 U.S. 38, 51, 128 S.Ct. 586, 597, 169 L.Ed.2d 445 (2007). The district court’s denial of a defendant’s request for a variance is subsumed under that review. *See United States v. Willis,*560 F.3d 1246, 1251 (11th Cir.2009) (reviewing the reasonableness of the district court’s denial of the defendant’s motion for variance).

After reviewing the record, we find no reversible error. We cannot say that Cole’s 188-month total sentence is substantively unreasonable. The total sentence falls at the low end of the guidelines range and is well below the statutory maximum. The court’s denial of his request for a downward variance was not a clear *921error in judgment, and moreover, the total sentence reflects several of the § 3553(a) factors, including the seriousness of the offense conduct, the history and characteristics of the defendant, and the need to protect the public.

AFFIRMED.