alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(105 So. 711)

#### Ex parte THORNE. THORNE v. STATE.

(6 Div. 512.)

(Supreme Court of Alabama.

Oct. 15, 1925.)

1. Criminal law @=1122(4) — Refused charges, not affected by fact that not all evidence appears in bill of exceptions, may be properly reviewed.

There may be refused charge which should properly be reviewed, though all evidence does not appear in bill of exceptions, such as charges in no manner affected by that fact.

2. Criminal law @=1122(4) — Refused charges held not reviewable because bill of exceptions contained no recital that It contained all evidence.

In view of Supreme Court rule 44, where petition and brief did not point out that refused charges come within class not affected by fact that bill of exceptions failed to disclose that it contained all evidence, the Supreme Court will assume in favor of ruling of Court of Appeals, that refused charges are not reviewable, because bill of exceptions did not contain such recital.

(@=^For other oases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

Certiorari to Court of Appeals.

Petition of Jack. Thorne for certiorari to the Court of Appeals to review and revise the judgment and decision of that court in the case of Thorne v. State, 105 So. 709.

Writ denied.

R. M. Montgomery, of Birmingham, for appellant.

Where a charge states a correct principle of law applicable to the case, regardless of evidence or lack of it, the rule that in the absence of a recital that the hill of exceptions contains all the evidence refused charges will not be considered does not apply. Anniston Mfg. Co. v. Sou. R. Co., 145 Ala. 351, 40 So. 965.

Harwell G. Davis, Atty. Gen., for the State. Brief of counsel did not reach the Reporter.

PER CURIAM.

[1] We think the statement in the opinion .of the Court of Appeals that refused charges requested in writing by defendant cannot be reviewed, where the bill of exceptions fails to disclose that it contains all the evidence, is too broad and needs some qualification. There may be refused charges which should properly be reviewed, though all the evidence does not appear, such as charges in no manner affected by that fact. Anniston Mfg. Co. v. Southern Ry. Co., 145 Ala. 351, 40 So. 965.

[2] But the petition and brief in this cause do not point out that any refused charges in the instant case come within that class, and none of the charges are here discussed. . Supreme Court rule 44, vol. 4, Code 1923. Under these circumstances we assume, in favor of the ruling of the.Court of Appeals, that the refused charges are not reviewable for the reason pointed out by that court. .

Let the .writ he denied.

Writ denied.

ANDERSON, C. J„ and SAYRE, GARDNER, and MILLER, JJ„ concur.
Exhibit32.1



CERTIFICATION



Pursuant to the requirement set forth in Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended (the Exchange Act), and Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. §1350), Maurice R. Ferré, M.D., in his capacity as President, Chief Executive Officer and Chairman of MAKO Surgical Corp., hereby certifies that, to the best of his knowledge:



(i)

        the Companys Quarterly Report on Form 10-Q for the three months ended September 30, 2008 to which this Certification is attached as Exhibit 32.1 (the Quarterly Report) fully complies with the requirements of section 13(a) or 15(d) of the Exchange Act, and




(ii)

        the information contained in the Annual Report fairly presents, in all material respects, the financial condition and result of operations of MAKO Surgical Corp.


November 7, 2008

        /s/ Maurice R. Ferré, M.D.Maurice R. Ferré, M.D.
President, Chief Executive Officer and Chairman of
the Board(Principal Executive Officer)




This certification accompanies the Quarterly Report on Form 10-Q to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of MAKO Surgical Corp. under the Securities Act of 1933, as amended, or the Exchange Act (whether made before or after the date of the Form 10-Q), irrespective of any general incorporation language contained in such filing.



---
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 annual report of China Quest Acquisition Corp. (the
"Company") on Form 10-Q for the period ended September 30, 2008 (the "Report'),
I, Chin Yung Kong, Chief Executive Officer and Principal Financial 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, 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.





October
7, 2008





/s/ Chin Yung KongName:
      Chin Yung KongTitle: Chief Executive Officer, Principal Financial Officer
EXHIBIT 99

                                  CERTIFICATION

                    Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
      (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United
      States Code)

        Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections
(a) and (b) of section 1350, chapter 63 of title 18, United States Code), each
of the undersigned officers of Great-West Life & Annuity Insurance Company, a
Colorado corporation (the "Company"), does hereby certify, to such officer's
knowledge, that:

        The Quarterly Report on Form 10-Q for the quarter ended March 31, 2003
(the "Form 10-Q") of the Company fully complies with the requirements of section
13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained
in the Form 10-Q fairly presents, in all material respects, the financial
condition and results of operations of the Company.

Dated:    May 14, 2003    /s/ William T. McCallum
                          __________________________________________
                          William T. McCallum
                          President and Chief Executive Officer

Dated:    May 14, 2003    /s/ Mitchell T.G. Graye
                          __________________________________________
                          Mitchell T.G. Graye
                          Executive Vice President and Chief Financial Officer

        The foregoing certification is being furnished solely pursuant to
section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
section 1350, chapter 63 of title 18, United States Code) and is not being filed
as part of the Form 10-Q or as a separate disclosure document.

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.
Exhibit 12.2

CERTIFICATION

I, Yasunobu Toriyama, certify that:

1.  I have reviewed this annual report on Form 20-F of Nidec Corporation;

2.  Based on my knowledge, this 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 the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3.  [omitted as per the comment of the staff of the Securities and Exchange Commission];

4.  The companys other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) 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 report is being prepared;

(b)  Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;

(c)  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

(d)  Disclosed in this report any change in the companys internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the companys internal control over financial reporting; and

5.  The companys other certifying officer 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 the companys board of directors (or persons performing the equivalent functions):

(a)  All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the companys ability to record, process, summarize and report financial information; and

(b)  Any fraud, whether or not material, that involves management or other employees who have a significant role in the companys internal control over financial reporting.

Date: September 22, 2008

/s/   Yasunobu ToriyamaYasunobu Toriyama
Executive Vice President, Chief Financial and Accounting Officer and Director
[Federal Register Volume 66, Number 106 (Friday, June 1, 2001)]
[Notices]
[Page 29771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13827]


=======================================================================
-----------------------------------------------------------------------

COMMISSION ON CIVIL RIGHTS


Agenda and Notice of Public Meeting of the Maryland Advisory 
Committee

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on Civil Rights, that a meeting of 
the Maryland Advisory Committee to the Commission will convene at 9:30 
a.m. and adjourn at 5 p.m. on Saturday, June 23, 2001, at the 
Government Office Building, Room 301, 125 N. Division Street, 
Salisbury, Maryland 21803. The purpose of the meeting is to: (1) Plan 
future activities, and (2) the Committee will hold a community forum to 
gather information on civil rights developments from representatives of 
minority groups and local government in Eastern Shore Maryland counties 
as part of its project entitled, ``Civil Rights Issues in Maryland 
Small Towns and Rural Areas: Forums in Southern, Eastern Shore, and 
Western Counties.''
    Persons desiring additional information, or planning a presentation 
to the Committee, should contact Chairperson K. Patrick Okura, 301-530-
0945, or Ki-Taek Chun, Director of the Eastern Regional Office, 202-
376-7533 (TDD 202-376-8116). Hearing-impaired persons who will attend 
the meeting and require the services of a sign language interpreter 
should contact the Regional Office at least ten (10) working days 
before the scheduled date of the meeting.
    The meeting will be conducted pursuant to the provisions of the 
rules and regulations of the Commission.

    Dated at Washington, DC, May 29, 2001.
Edward A. Hailes Jr.,
General Counsel.
[FR Doc. 01-13827 Filed 5-31-01; 8:45 am]
BILLING CODE 6335-01-P
[Federal Register Volume 66, Number 112 (Monday, June 11, 2001)]
[Notices]
[Page 31226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14557]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. GT01-25-000]


ANR Gas Pipeline Company; Notice of Service Agreement

June 5, 2001.
    Take notice that on May 30, 2001, ANR Pipeline Company (ANR) filed 
a service agreement entered into between ANR and Allerton Gas Company 
(Allerton) under Rate Schedule FTS-1 (the Agreement).
    ANR requests that the Commission find that the Agreement does not 
contain any material deviations from ANR's Form of Service Agreement, 
and that the Agreement need not be filed pursuant to section 154.112(b) 
of the Commission's regulations. Alternatively, ANR requests that if 
the Commission finds that theAgreement contains a material deviation 
from ANR's Form of Service Agreement, ANR requests that the Commission 
approve the Agreement and accept Tenth Revised Sheet No. 2, Fourth 
Revised Sheet No. 190 and Original Sheet No. 191 of ANR's Second 
Revised Volume No. 1 Tariff that reference the Agreement as a non-
conforming agreement. ANR requests an effective date of June 1, 2001 
for the Agreement.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in 
accordance with sections 385.214 or 385.211 of the Commission's Rules 
and Regulations. All such motions or protests must be filed on or 
before June 12, 2001. Protests will be considered by the Commission in 
determining the appropriate action to be taken, but will not serve to 
make protestants parties to the proceedings. Any person wishing to 
become a party must file a motion to intervene. Copies of this filing 
are on file with the Commission and are available for public inspection 
in the Public Reference Room. This filing may be viewed on the web at 
http://www.ferc.fed.us/online/rims.htm (call 202-208-2222 for 
assistance). Comments, protests, and interventions may be filed 
electronically via the internet in lieu of paper. See, 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's web site 
at http://www.ferc.fed.us/efi/doorbell.htm.

David P. Boergers,
Secretary.
[FR Doc. 01-14557 Filed 6-8-01; 8:45 am]
BILLING CODE 6717-01-M
#### In the Matter of Anselmo Soto, Jr., Appellant, v Brian Fischer, Respondent.

[875 NYS2d 809]—

In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Correctional Services dated June 25, 2007, which, in effect, calculated the sentence of imprisonment that was imposed upon the petitioner on December 4, 1987, as running consecutively to certain sentences previously imposed, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Pagones, J.), dated November 28, 2007, which, in effect, denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

In 1987 the petitioner was sentenced, as a persistent felony offender, to an indeterminate prison term of 25 years to life, upon his conviction of conspiracy in the second degree. The sentencing minutes and the order of commitment were silent as to whether the sentence was to run concurrently with or consecutively to sentences previously imposed upon the *1075petitioner in 1981 and 1984. The New York State Department of Correctional Services (hereinafter the DOCS) subsequently determined that the petitioner’s 1987 sentence was to run consecutively to his 1981 and 1984 sentences, and the petitioner commenced this CPLR article 78 proceeding, seeking to annul that determination.

Contrary to the petitioner’s contention, the DOCS did not exceed its authority in determining that his sentences must run consecutively, pursuant to the mandatory provisions of Penal Law § 70.25 (2-a) *(see People ex rel. Gill v*Greene, 12 NY3d 1 [2009]). Accordingly, the Supreme Court properly, in effect, denied the petition and dismissed the proceeding. Prudenti, P.J., Dillon, Covello and Leventhal, JJ., concur.
#### In the Matter of Raymond D. McCool, Appellant. Commissioner of Labor, Respondent.

[875 NYS2d 297]—

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 17, 2007, which charged claimant with a recoverable overpayment of unemployment insurance benefits.

*1118Claimant was discharged from his position as a truck driver after a criminal background check conducted by the employer revealed two prior felony convictions which had not been disclosed on his employment application. Although he had initially received unemployment insurance benefits, the Unemployment Insurance Appeal Board ultimately determined that claimant lost his employment through misconduct for falsely indicating on the employment application that he had never been convicted of a crime. Claimant did not appeal this .decision.

Over a year later, recovery of a $2,554 overpayment was sought on the ground that claimant made false statements at a previous hearing on the matter *(see*Labor Law § 597 [4]). Indeed, at that hearing, claimant denied that he personally checked the “no” box on the application question inquiring about past convictions and could not explain how it was so completed. The Board found that this testimony was factually and willfully false. Substantial evidence supports the Board’s assessment of claimant’s credibility and thus its finding of a willful misrepresentation sufficient to support the imposition of a recoverable overpayment *(see*Labor Law § 597 [3], [4]; *Matter of Ricciardi [Commissioner of Labor],*47 AD3d 1039,1039-1040 [2008]; *Matter of Falco [Sweeney],*246 AD2d 711 [1998], *lv denied*92 NY2d 815 [1998]).

Mercure, J.P., Peters, Lahtinen, Kane and Stein, JJ., concur. Ordered that the decision is affirmed, without costs.
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 Fidelity Aviation Corporation. (the "Company") on Form 10-Q for the period ended June 30, 2008 (the "Report"), I, John Schoenauer, 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 requirement 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 Company's financial position and results of operations.  /s/John SchoenauerJohn Schoenauer, Chief Executive Officer August  14, 2008
Exhibit 32.1

CERTIFICATION

In connection with the periodic report
of Abraxis BioScience, Inc. (the Company) on Form 10-Q for the quarterly period ended September 30, 2009 as filed with the Securities and Exchange Commission (the Report), I, Leon O. Moulder, Jr., Chief Executive Officer
of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for
the periods indicated.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: November 6, 2009



/s/ LEON O. MOULDER, JR.Leon O. Moulder, Jr.Chief Executive Officer


This certification accompanies this Report on Form 10-Q pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the Exchange
Act). Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
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.                  

###### Office of Personnel Management

# AGENCY:

Office of Personnel Management. 

# ACTION:

Notice. 

# SUMMARY:

In accordance with the Paperwork Reduction Act of 1995 (Public Law 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) has submitted to the Office of Management and Budget a request for reinstatement, with change, of a previously approved information collection for which approval has expired. RI 38-117, Rollover Election, is used to collect information from each payee affected by a change in the tax code (Public Law 102-318) so that OPM can make payment in accordance with the wishes of the payee. RI 38-118, Rollover Information, explains the election. RI 37-22, Special Tax Notice Regarding Rollovers, provides more detailed information. 

Approximately 1,000 RI 38-117 forms will be completed annually. We estimate it takes approximately 30 minutes to complete the form. The annual burden is 500 hours. 

For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, or E-mail to mbtoomey@opm.gov. 

# DATES:

Comments on this proposal should be received on or before July 5, 2001. 

# ADDRESSES:

Send or deliver comments to—

Ronald W. Melton, Chief, Operations Support Division, Retirement and Insurance Service, U.S. Office of Personnel Management, 1900 E Street, NW, Room 3349A, Washington, DC 20415-3450 

  and 

Joseph Lackey, OPM Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, NW, Room 10235, Washington, DC 20503. 

# For Information Regarding Administrative Coordination— Contact:

Donna G. Lease, Team Leader, Forms Analysis and Design, Budget and Administrative Services Division, (202) 606-0623.

Office of Personnel Management. 

Steven R. Cohen,

Acting Director.

[FR Doc. 01-13918 Filed 6-1-01; 8:45 am] 

BILLING CODE 6325-50-P