alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Greg Kuserk, Division of Market Oversight

December 9, 2014

Agricultural Economy Implications

U.S. COMMODITY FUTURES TRADING COMMISSION

AGRICULTURAL ADVISORY COMMITTEE
1a(9) Enumerated 

Agricultural Product?

10-day 

Self Certification Open Interest?

10-Day 

Self Certification

Material?

10-day Review + 

Materiality Det.

45-day Approval

or 

90-day if Novel and Complex

• Wheat

• Cotton

• Rice

• Corn

• Oats

• Butter

• Fats and Oils

• Soybeans

• Soybean meal

• Livestock

• Livestock Products

• FCOJ

• Barley, Rye, Flaxseed, 

Grain sorghums, Eggs, 

Solanum tuberosum, 

Mill Feed, Wool, Wool 

tops, Cottonseed meal, 

Cottonseed, Peanuts

2

Review Process for 

Agricultural Futures Contract Amendments

No Yes

No

No

Yes

Yes
[Federal Register Volume 66, Number 114 (Wednesday, June 13, 2001)]
[Notices]
[Page 31887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14836]


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

DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service


Field Office Technical Guide, Changes; South Dakota

AGENCY: USDA Natural Resources Conservation Service.

ACTION: Notice of Availability of proposed changes to conservation 
practice standards in Section IV of the Field Office Technical Guide 
(FOTG) of NRCS in South Dakota for review and comment.

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

SUMMARY: It is the intention of NRCS in South Dakota to issue revised 
conservation practice standards in Section IV of the FOTG for the 
following practice Constructed Wetland (656).

DATES: Comments on this notice must be received within 30 days from the 
publication date in the Federal Register.

ADDRESSES: All comments concerning the proposed conservation practice 
standard changes should be addressed to: Ronald Nadwornick, State 
Resource Conservationist, NRCS, 200 Fourth Street SW, Huron, South 
Dakota 57350. Copies of these standards will be made available upon 
written request.

    Dated: April 24, 2001.
Ronald Nadwornick,
State Resource Conservationist, Natural Resources Conservation Service, 
Huron, South Dakota 57350.
[FR Doc. 01-14836 Filed 6-12-01; 8:45 am]
BILLING CODE 3410-16-P
No. 250.

#### Hirsig et al. *v.*Travelers Insurance Co.

October 14, 1935.

*Mr. Frank F. L’Engle*for petitioners.

*Mr. Francis M. Holt*for respondent.

Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied.
#### UNITED STATES of America, Plaintiff-Appellee v. Javier RODRIGUEZ-RODRIGUEZ, Defendant-Appellant.

No. 09-40814

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

June 22, 2010.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

*401Marjorie A. Meyers, Federal Public Defender, Margaret Christina Ling, Assistant Federal Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.

Before JOLLY, STEWART, and OWEN, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Javier Rodriguez-Rodriguez (Rodriguez) has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Rodriguez has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. 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 5th Cir. R. 47.5.4.
#### UNITED STATES of America, Plaintiff-Appellee, v. Michael MUSE, Defendant-Appellant.

No. 08-10760

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

Sept. 12, 2008.

Mary Erickson, Decatur, GA, for Defendant-Appellant.

Amy Levin Weil, U.S. Attorney’s Office, Atlanta, GA, for Plaintiff-Appellee.

*863Before ANDERSON, MARCUS and WILSON, Circuit Judges.

PER CURIAM:

Mary Erickson, appointed counsel for Michael Muse in this direct criminal appeal, has filed a motion to withdraw from further representation of the appellant on the ground that the appeal has no arguable merit, and has filed a brief pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that counsel’s assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and Muse’s convictions and sentences are AFFIRMED.
Exhibit (14)(2)

**Consent of Independent Registered Public Accounting Firm**

We consent to the incorporation by reference in this Registration Statement on Form N-14 of ourreport dated December 14, 2012, relating to the financial statements and financial highlights ofFidelity Advisor Europe Capital Appreciation Fund and of our report dated December 18, 2012,relating to the financial statements and financial highlights of Fidelity Europe Capital Appreciation Fund, appearing in the Annual Reports on Form N-CSR of Fidelity Advisor Series VIIIand Fidelity Investment Trust for the year ended October 31, 2012, and to the references to usunder the headings "Additional Information About The Funds," "Miscellaneous - Experts," "Exhibit 1- Form of Agreement and Plan of Reorganization of Fidelity Advisor Europe Capital Appreciation Fund, Representations and Warranties of the Acquired Fund" and "Exhibit 2- Form ofAgreement and Plan of Reorganization of Fidelity Europe Capital Appreciation Fund, Representations and Warranties of the Acquired Fund" in the Proxy Statement and Prospectus which ispart of this Registration Statement.

/s/ Deloitte & Touche LLP

Boston, Massachusetts

October 30, 2013
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 on Form 10-Q of KBS Real Estate Investment Trust II, Inc. (the Registrant) for the quarter ended March 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the
Report), the undersigned, Stacie K. Yamane, the Chief Financial Officer and Controller of the Registrant, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002,
that, to the best of her knowledge and belief:



|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 Registrant.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------

Date: May 28, 2008



/s/ Stacie K. YamaneStacie K. Yamane Chief Financial Officer and Controller
AEGIS SEF | 2829 Technology Forest Boulevard, Suite 260 | The Woodlands, Texas 77381

Chapter 1018

Natural Gas Basis Swap - Katy - Platts Inside FERC

DESCRIPTION

A monthly cash settled swap based upon the mathematical result of subtracting the price of the 

NYMEX Henry Hub Natural Gas futures contract, as defined in Floating Price B, from the monthly 

price published by Platts Inside FERC for the location specified in Floating Price A.

FLOATING PRICE A

The Floating Price for each contract month will be equal to the Platts Inside FERC Katy published 

price for the corresponding contract month.

FLOATING PRICE B

The Floating Price for each contract month will be equal to the NYMEX Henry Hub Natural Gas 

futures contract final settlement price for the corresponding contract month on the last trading 

day for that contract month.

CONTRACT UNIT AND VALUE

The contract unit shall be MMBtus (million British thermal units). Each shall be valued as the 

contract quantity multiplied by the settlement price.

LISTING CYCLE

Up to 120 consecutive monthly contract periods.

PRICES AND FLUCTUATIONS

Prices shall be quoted in U.S. dollars and cents per MMBtu. The minimum price fluctuation shall

be $0.001 per MMBtu. The minimum price increment will be $0.0001. There shall be no 

maximum price fluctuation.

TERMINATION OF TRADING

Posting of transactions shall cease on the last business day prior to the contract month.

FINAL SETTLEMENT

Delivery under the contract shall be by cash settlement. Final settlement, following termination 

of posting for a contract month, will be based on the Floating Price. The final settlement price 

will be the Floating Price calculated for each contract month.
<PAGE>

                                                                    Exhibit 23.2

INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statements No.
333-27443 and No. 333-27445 of First Bell Bancorp, Inc. on Form S-8 of our
report dated March 23, 2001 (relating to the consolidated statements of income,
comprehensive income, changes in stockholders' equity and cash flows for the
year ended December 31, 2000), incorporated by reference in this Annual Report
on Form 10-K of First Bell Bancorp, Inc. for the year ended December 31, 2002.


/s/DELOITTE & TOUCHE LLP
------------------------
Pittsburgh, Pennsylvania
March 28, 2003
EXHIBIT G 

Governance Documents 

Attach as Exhibit G, a copy of the constitution, articles of incorporation, formation, or 

association with all amendments thereto, partnership or limited liability agreements, and 

existing by-laws, operating agreement, rules or instruments corresponding thereto, of the 

Applicant. Include any additional governance fitness information not included in Exhibit C. 

Provide a certificate of good standing dated within one week of the date of this Form SEF. 

FTSEF LLC is a New York limited liability company and is a wholly-owned subsidiary of 

FlexTrade Systems, Inc. 

Attached to this Exhibit G are the following: 

 Exhibit G-1: Articles of Association 

 Exhibit G-2: Operating Agreement of FTSEF LLC 

 Exhibit G-3: Regulatory Oversight Committee Charter 

 Exhibit G-4: Certificate of Good Standing from the State of New York, dated June 25, 

2015.
**Fidelity**®**Worldwide Fund**

**Class**/Ticker

**Fidelity Worldwide Fund**/FWWFX

In this summary prospectus, the term "shares" (as it relates to the fund) means the class of shares offered through this summaryprospectus.

**Summary Prospectus**

**December 30, 2011**
#### UNITED STATES of America, Plaintiff-Appellee, v. Tommy James Lee HORNE, Defendant-Appellant.

No. 05-41633

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Dec. 19, 2006.

Michelle S. Englade, Assistant U.S. Attorney, U.S. Attorney’s Office, Eastern *422District of Texas, Beaumont, TX, for Plaintiff-Appellee.

Frank Warren Henderson, Assistant Federal Public Defender, Federal Public Defender’s Office, Eastern District of Texas, Tyler, TX, for Defendant-Appellant.

Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.

PER CURIAM: *

Tommy James Lee Horne appeals from his resentencing as an armed career criminal following his conviction of being a convicted felon in possession of a firearm and possessing a weapon made from a modified shotgun. Horne’s sentence was enhanced based on his status as an armed career criminal. We previously remanded Horne’s case for reconsideration in light of *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and *Shepard v. United States,*544 U.S. 13, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005). *United States v. Horne,*141 Fed.Appx. 247 (5th Cir.2005).

Horne first contends that the district court erred by using two Michigan convictions for enhancement because his civil rights had been restored by operation of state law. That issue was beyond the scope of our remand, and the district court lacked discretion to consider it. *See United States v. McCrimmon,*443 F.3d 454, 462 (5th Cir.), *cert. denied,*— U.S.-, 126 S.Ct. 1931, 164 L.Ed.2d 679 (2006).

Horne next contends that *Booker*and *Shepard*required the district court to present the evidence of his prior convictions to a jury and for the jury to find those prior convictions beyond a reasonable doubt. We have rejected an identical contention. *United States v. Brown,*437 F.3d 450, 451 n. 1 (5th Cir.), *cert. denied,*— U.S. -, 126 S.Ct. 2310, 164 L.Ed.2d 830 (2006).

Horne finally contends that he received inadequate notice of the Government’s intention to use his prior convictions for enhancement. We decided that issue on Horne’s first appeal. *United States v. Horne,*117 Fed-Appx. 327, 328 (5th Cir.2004).1 Our previous determination constitutes the law of the case, and the issue was not subject to reexamination by the district court. *See United States v. Lee,*358 F.3d 315, 320 (5th Cir.2004).

AFFIRMED.

*

 Pursuant to 5th Cir. 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 5th Cir. R. 47.5.4.

1

. On remand from the Supreme Court, we seemed to suggest that in the first appeal we held the notice argument foreclosed by *Apprendi*and *Stone.*Our first opinion shows, however, that we squarely addressed and rejected the notice argument.
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 accompanying Quarterly Report on Form 10-Q of Kraig Biocraft Laboratories, Inc. for the period ended June 30, 2012 (the “Report”), I, Kim Thompson, Chief Executive Officer and Chief Financial Officer of Kraig Biocraft Laboratories, Inc., hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:
 
 1.
The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and2.
The information contained in the Report fairly represents in all material respects, the financial condition and results of operations of Kraig Biocraft Laboratories, Inc.
 
 Date: August 20, 2012
 
 /s/ Kim ThompsonKim Thompson

Chief Executive Officer (principal executive officer) and Chief Financial Officer (principal 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.
#### Pedro Arimont, Jr., Respondent, v Naoki Iwakawa, Appellant.

[874 NYS2d 392]

— In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Donovan, J.), dated April 15, 2008, which, in effect, denied that branch of his motion which was to strike the plaintiff’s complaint for failure to comply with discovery demands and denied that branch of his motion which was for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

Contrary to the defendant’s contention, the Supreme Court did not improvidently exercise its discretion by, in effect, denying that branch of his motion which was to strike the plaintiffs complaint for failure to comply with discovery demands, as a sanction under CPLR 3126 *(see Pacheco v New York City Hous. Auth.,*48 AD3d 534 [2008]). The defendant failed to make a clear showing that the failure to comply with discovery demands was willful and contumacious *(see Goldstein v Kingsbrook Jewish Med. Ctr.,*39 AD3d 816 [2007]).

In addition, the defendant failed to make a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) in the subject motor vehicle accident of March 8, 2005 *(see Tchjevskaia v Chase,*15 AD3d 389 [2005]). In light of the foregoing, that branch of the defendant’s motion which was for summary judgment dismissing the complaint was properly denied, regardless of the sufficiency of the opposing papers *(see Winegrad v New York Univ. Med. Ctr.,*64 NY2d 851, 853 [1985]). Prudenti, P.J., Ritter, Santucci and Chambers, JJ., concur.
IN THE COMMONWEALTH COURT OF PENNSYLVANIA

:

Dorian E. Pfeifer, Susan D. Payne, :

Diane Torockio, Richard R. Dailey, :

Susan M. Peterman, Deborah R. Miller, :

and Linda Blackburn Scott, Ruth Ellen :

Gallagher, and Judith A. Gallagher :

Appellants :

:

v. : No. 1346 C.D. 2014

:

Westmoreland County Tax Claim :

Bureau, BP Mineral Holdings III, LLC; :

Somerset Minerals, LP; :

BRC Appalachian Minerals I, LLC :

O R D E R

AND NOW, November 17, 2015, it is ordered that the above-captioned 

Memorandum Opinion, filed September 1, 2015, shall be designated OPINION and 

shall be REPORTED.

 __________________________

 BERNARD MCGINLEY, Judge
United States Court of Appeals, Eleventh Circuit.

No. 94-3139. UNITED STATES of America, Plai ntiff-Appellee, Cross-Appellant,

v. William O. STEELE, Defendant-Appellant, Cross-Appellee. Dec. 4, 1997. Appeals from the United States District Court for the Northern District of Florida (No. 94- 03055RV), Roger Vinson, Judge. ON PETITION FOR REHEARING AND SUGGE STION FOR REHEARING EN BANC (Opinion: 117 F.3d 1231, 11th Cir. July 24, 1997). Before HATCHETT, Chief Judge, and TJOF LAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, BARKETT and HULL, Circuit Judges. BY THE COURT: A member of this court in active servi ce having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.
Exhibit 13.1

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 Petróleos Mexicanos, a productive state owned company of the Federal Government of the United Mexican States (the Company),
does hereby certify, to such officers knowledge, that:

The Annual Report on Form 20-F for the year ended December 31,
2015 (the Form 20-F) 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 20-F fairly presents, in all material
respects, the financial condition and results of operations of the Company.

Date: May 16, 2016



By:

/S/ JOSÉ ANTONIO GONZÁLEZ ANAYAName:

José Antonio González AnayaTitle:

Chief Executive Officer/Director General


Date: May 16, 2016



By:

/S/ JUAN PABLO NEWMAN AGUILARName:

Juan Pablo Newman AguilarTitle:

Chief Financial Officer/Corporate Director of Finance
# FCM Data February 2015

SELECTED FCM FINANCIAL DATA AS OF February 28,&KFF0000 &K0000002015FROM REPORTS FILED BY March 24,&KFF0000 &K0000002015	&P of &N
* Local Rule 47.5 provides: "The publication of opinions that

have no precedential value and merely d ecide particular cases on

the basis of well-settled princip les of law imposes needless

expense on the public and burdens on the legal profession."

Pursuant to that Rule, the Court has determined that this opinion

should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 95-30106

(Summary Calendar)

IN THE MATTER OF: RAOUL A. GALAN, JR.,

Debtor.

RAOUL A. GALAN, JR.,

Appellant,

versus

FIRST AMERICAN BANK, As Successor to

Merchants Trust and Savings Bank,

Appellee.

Appeal from the United States District Court

for the Eastern District of Louisiana

(CA-94-2709-R)

June 16, 1995

Before DUHÉ, WIENER and STEWART, Circuit Judges.

PER CURIAM: *

The appeal filed in this case by Appellant Raoul A. Galan, Jr.

is wholly lacking in merit and frivolous as a matter of law, and2

is, therefore, DISMISSED pursuant to Local Rule 42.2. The Clerk of

this court shall not accept any pleadings or other filings from or

on behalf of appellant without prior authority from a member of

this court; and appellant is cautioned that any attempt to file

pleadings or other documents that are frivolous in nature shall

result in appropriate sanctions which may include, without

limitation, double costs, attorneys fees, fines, and contempt of

court.
# U n i t e d S t a t e s C o u r t o f A pp e a l s For the Eig hth Circu it

_ _ _ _ __ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ No . 1 9 -2 4 36

_ _ _ _ __ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ Un i t edSt at es o f Am eri ca
l ll l l l l l l l l l l l ll l l l l l Pl a i n t i

f f - Ap pel l ee

v
. Carl S. Reed er
l ll l l l l l l l l l l l ll l l l l lDef

en da n t - Ap pel l an t

_

_ _ _ _ _ _ _ _ _ _ _ Ap p eal fro m

Un i t edSt at es Di s t ri ct Co u rt fo r t h e W es t ern Di s t ri ct o f M i s s o u ri - Kan s as Ci t y

_

_ _ _ _ _ _ _ _ _ _ _ Su b m i t t ed : No v em

b er 1 5 , 2 0 1 9 Fi l ed : No v em

b er 2 6 , 2 01 9 [Un pu b l is h ed ]

_ __ _ _ __ _ __ _ _ Befo re SHEPHERD, KELLY, an dERICKSON, Ci rcu i tJ u d g es
.

_ __ _ _ __ _ __ _ _ PER CURIAM

.Carl Reed er ap p eal s t h e ju d g m en t o f t h e d i s t ri ct co urt 1 rev o k in g h i s s up erv i s ed

rel eas e an d s en t en ci n g h i m t o s ev en m o n t h s i n p ri s o n an d two y ears o f s up erv i s ed rel eas e, wi t h ad d i t i o n al s p eci al co n d i t i o n s wh ich Reed er h as n o tch al l en g ed

.

Fo l l owi n g carefu l rev i ew o f t h e reco rd , we c o n c l u d e th at t h e d i s tri ct co u rt i m p o s ed a s ub s t an t i v el y reas o n ab l e s en ten ce. See Un it ed St at es v
. McGh ee, 86 9 F.3 d 7 0 3 , 7 0 5 -0 6 (8 th Ci r. 2 0 17 ) (p er cu ri am ). Th ere i s n o i n d i cat i o n t h at t he d i s t ri ct co u rt
o v erl o o k ed a rel ev an t fact o r, g av e s i g n i fi can t w e i g h t t o an i m p ro p er o r i rrel ev an t fact o r , o r co m

m i t t ed a cl ear erro r o f ju d g m en t i n w ei g h in g rel ev an t fact o rs
. See Un i ted St at es v . Feem st er, 5 7 2 F.3 d4 55 , 4 61 (8 t h Ci r. 2 0 0 9 ) (en b an c).

W e affi rm t h e ju d g m en t o f t h e d i s t ri ct co u rt an d g ran t co un s el l eav e to wi t h d raw.

__ _ _ _ _ __ _ _ __ _ _ __ _ __ _ _ _ _ _ __ _ _ _ _

1 Th e Ho n o rab le Ro s ean n A. K et ch m ark , Un i t ed St at es Di s t ri ct J u d g e f o r t h e W es t ern Di s t ri ct o f M is s o u ri

. -2

-
Exhibit 32.1


                    CERTIFICATION OF CHIEF EXECUTIVE 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 the accompanying Annual Report of GreenMan
Technologies, Inc. (the "Company") on Form 10-KSB for the year ended September
30, 2004 (the "Report"), I, Robert H. Davis, President and Chief Executive
Officer of the Company, hereby certify that, to my knowledge:

      (1)   The Report fully complies with the requirements of Section 13(a) or
            15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or
            78o(d)); 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: January 13, 2005


/s/ Robert H. Davis
    ---------------
    Robert H. Davis
    President and Chief Executive Officer