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

106TH CONGRESS

1ST SESSION H. R. 2315

For the relief of James Mervyn Salmon.

IN THE HOUSE OF REPRESENTATIVES

JUNE 22, 1999

Mr. DICKS introduced the following bill; which was referred to the Committee

on the Judiciary

A BILL

For the relief of James Mervyn Salmon.

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

3 SECTION 1. PERMANENT RESIDENT STATUS FOR JAMES

4 MERVYN SALMON.

5 (a) IN GENERAL.—Notwithstanding subsections (a)

6 and (b) of section 201 of the Immigration and Nationality

7 Act, James Mervyn Salmon shall be eligible for issuance

8 of an immigrant visa or for adjustment of status to that

9 of an alien lawfully admitted for permanent residence

10 upon filing an application for issuance of an immigrant

11 visa under section 204 of such Act or for adjustment of

12 status to lawful permanent resident.
2

•HR 2315 IH

1 (b) ADJUSTMENT OF STATUS.—If James Mervyn

2 Salmon enters the United States before the filing deadline

3 specified in subsection (c), he shall be considered to have

4 entered and remained lawfully and shall, if otherwise eligi5 ble, be eligible for adjustment of status under section 245

6 of the Immigration and Nationality Act as of the date of

7 the enactment of this Act.

8 (c) DEADLINE FOR APPLICATION AND PAYMENT OF

9 FEES.—Subsections (a) and (b) shall apply only if the ap10 plication for issuance of an immigrant visa or the applica11 tion for adjustment of status is filed with appropriate fees

12 within 2 years after the date of the enactment of this Act.

13 (d) REDUCTION OF IMMIGRANT VISA NUMBER.—

14 Upon the granting of an immigrant visa or permanent res15 idence to James Mervyn Salmon, the Secretary of State

16 shall instruct the proper officer to reduce by 1, during the

17 current or next following fiscal year, the total number of

18 immigrant visas that are made available to natives of the

19 country of the alien’s birth under section 203(a) of the

20 Immigration and Nationality Act or, if applicable, the

21 total number of immigrant visas that are made available

22 to natives of the country of the alien’s birth under section

23 202(e) of such Act.

24 (e) DENIAL OF PREFERENTIAL IMMIGRATION

25 TREATMENT FOR CERTAIN RELATIVES.—The natural
3

•HR 2315 IH

1 parents, brothers, and sisters of James Mervyn Salmon

2 shall not, by virtue of such relationship, be accorded any

3 right, privilege, or status under the Immigration and Na4 tionality Act.

Æ
1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION

HEADWATER RESEARCH LLC, 

Plaintiff, 

 v. 

AT&T INC., AT&T SERVICES, INC. 

AT&T MOBILITY LLC and AT&T 

CORP., 

Defendants. 

Civil Action No. 2:23-cv-00398-JRG-RSP 

JURY DEMANDED 

NOTICE OF APPEARANCE 

 Notice is hereby given that Robert Christopher Bunt of Parker Bunt & Ainsworth, PC 

enters his appearance in this matter as additional counsel for Plaintiff Headwater Research LLC. 

 Mr. Bunt may receive all communications from the Court and all parties at Parker Bunt & 

Ainsworth, PC, 100 East Ferguson, Suite 418, Tyler, Texas 75702; Telephone 903-531-3535; 

Email: rcbunt@pbatyler.com. 

 Respectfully submitted, 

Dated: October 10, 2023. 

/s/ Robert Christopher Bunt 

Robert Christopher Bunt 

Texas State Bar No. 00787165 

PARKER, BUNT & AINSWORTH, P.C. 

100 E. Ferguson Suite 418 

Tyler, Texas 75702 

Tel.: (903) 531-3535 

Marc Fenster 

CA State Bar No. 181067 

Email: mfenster@raklaw.com 

Reza Mirzaie 

CA State Bar No. 246953 

Email: rmirzaie@raklaw.com 

Case 2:23-cv-00398-JRG-RSP Document 24 Filed 10/10/23 Page 1 of 3 PageID #: 213
2 

Brian Ledahl 

CA State Bar No. 186579 

Email: bledahl@raklaw.com 

Ben Wang 

CA State Bar No. 228712 

Email: bwang@raklaw.com 

Dale Chang 

CA State Bar No. 248657 

Email: dchang@raklaw.com 

Paul Kroeger 

CA State Bar No. 229074 

Email: pkroeger@raklaw.com 

Neil A. Rubin 

CA State Bar No. 250761 

Email: nrubin@raklaw.com 

Kristopher Davis 

CA State Bar No. 329627 

Email: kdavis@raklaw.com 

James S. Tsuei 

CA State Bar No. 285530 

Email: jtsuei@raklaw.com 

Philip Wang 

CA State Bar No. 262239 

Email: pwang@raklaw.com 

Amy Hayden 

CA State Bar No. 287026 

Email: ahayden@raklaw.com 

Jason M. Wietholter 

CA State Bar No. 337139 

Email: jwietholter@raklaw.com 

RUSS AUGUST & KABAT 

12424 Wilshire Blvd. 12th Floor 

Los Angeles, CA 90025 

Telephone: 310-826-7474 

ATTORNEYS FOR PLAINTIFF 

Headwater Research LLC 

Case 2:23-cv-00398-JRG-RSP Document 24 Filed 10/10/23 Page 2 of 3 PageID #: 214
3 

CERTIFICATE OF SERVICE 

I certify that the foregoing document was filed electronically on October 10, 2023 and 

has been served on all counsel who have consented to electronic service. 

/s/ Robert Christopher Bunt 

Robert Christopher Bunt 

Case 2:23-cv-00398-JRG-RSP Document 24 Filed 10/10/23 Page 3 of 3 PageID #: 215
1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

TEXARKANA DIVISION

UNITED STATES OF AMERICA §

§

v. § CASE NO. 5:23-CR-15-2

§

JIMMY BARRIENTOS §

ORDER ADOPTING THE REPORT AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE

The above-styled matter was referred to the Honorable J. Boone Baxter, United States 

Magistrate Judge, for administration of a guilty plea under Rule 11 of the Federal Rules of Criminal 

Procedure. Judge Baxter conducted a hearing in the form and manner prescribed by Federal Rule 

of Criminal Procedure 11 and issued a Report and Recommendation (Docket No. 68). Judge 

Baxter recommended that the Court accept Defendant’s guilty plea and conditionally approve the 

plea agreement. He further recommended that the Court finally adjudge Defendant as guilty of 

Count 5 of the Indictment. Count 5 of the Indictment charges violation of 21 U.S.C. ' 841(a) (1)

and (b)(1)(C), possession with intent to distribute methamphetamine. The Court is of the opinion 

that the Report and Recommendation should be accepted. It is accordingly ORDERED that the 

Report and Recommendation of the United States Magistrate Judge (Docket No. 68) is 

ADOPTED. It is further

ORDERED that the Defendant’s guilty plea is accepted and approved by the Court. 

Further, the plea agreement is approved by the Court, conditioned upon a review of the presentence 

report. It is finally 

ORDERED that, pursuant to the Defendant’s plea agreement, the Court finds the 

Defendant GUILTY of Count 5 of the Indictment in the above-numbered cause and enters a

Case 5:23-cr-00015-RWS-JBB Document 69 Filed 11/25/24 Page 1 of 2 PageID #:

224
2

JUDGMENT OF GUILTY against the Defendant as to Count 5 of the Indictment.

 

____________________________________

ROBERT W. SCHROEDER III

UNITED STATES DISTRICT JUDGE

So ORDERED and SIGNED this 25th day of November, 2024.

Case 5:23-cr-00015-RWS-JBB Document 69 Filed 11/25/24 Page 2 of 2 PageID #:

225
*This order and judgment is not binding precedent, except under the doctrines of

law of the case, res judicata, and collateral estoppel. This court generally disfavors the

citation of orders and judgments; nevertheless, an order and judgment may be cited under

the terms and conditions of 10th Cir. R. 36.3.

F I L E D

United States Court of Appeals

Tenth Circuit

DEC 4 1997

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

LARRY S. CARLISLE and CARRIE

A. CARLISLE,

Plaintiffs - Appellants,

v.

DEPARTMENT OF INTERIOR,

United States Secretary of the

Department of the Interior; BUREAU

OF LAND MANAGEMENT; and

UNITED STATES CONGRESS, 1976

Congress, namely the Federal Land

Policy and Management Act of 1976,

Defendants - Appellees.

No. 97-2111

(D. Ct. No. CIV-96-1371-MV)

(D. N. Mex.)

ORDER AND JUDGMENT*

Before TACHA, BALDOCK, and LUCERO, Circuit Judges.

After examining the briefs and the appellate record, this three-judge panel

has determined unanimously that oral argument would not be of material

assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th

Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.
- 2 -

This appeal is from an order of the district court dismissing appellants’

action for failure to show cause why service was not effected in the district court

in compliance with Rule 4(i) of the Federal Rules of Civil Procedure. 

The district court records are clear that summonses were not issued and that

defendants did not waive service of summons. On appeal here, appellants seek

permission to file the brief on appeal out of time. To the extent that the brief

filed with the court on July 11, 1997, constitutes the brief in this case, the motion

to file the brief out of time is granted. In all of the filings before the district

court and this court appellants have failed to show that service was effected in

compliance with Rule 4(i) of the Federal Rules of Civil Procedure. We therefore

affirm the order of the district court dismissing this action without prejudice. 

AFFIRMED.

ENTERED FOR THE COURT,

Deanell Reece Tacha

Circuit Judge
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

 LUFKIN DIVISION

DEREK CLINTON WARD §

VS. § CIVIL ACTION NO. 9:23-CV-132

SHERIFF JASON BRIDGES §

 REPORT AND RECOMMENDATION

OF UNITED STATES MAGISTRATE JUDGE

Plaintiff Derek Clinton Ward, a prisoner confined at the Gregg County Jail, proceeding pro

se, filed this civil rights action pursuant to 42 U.S.C. § 1983. 

This action was referred to the undersigned magistrate judge pursuant to 28 U.S.C. § 636 for

findings of fact, conclusions of law, and recommendations for the disposition of the case.

Discussion

On September 5, 2023, Plaintiff was ordered to pay an initial partial filing fee of $43.93

within thirty days of the date of the order. (Doc. #3.) As of this date, Plaintiff has not paid the initial

partial filing fee. 

Federal Rule of Civil Procedure 41(b) authorizes the district court to dismiss an action sua

sponte for failure to prosecute or to comply with a court order. Griggs v. S.G.E. Mgmt., 905 F.3d

835, 844 (5th Cir. 2018); Larson v. Scott, 157 F.3d 1030, 1031 (5th Cir. 1998). “The power to

invoke this sanction is necessary in order to prevent undue delays in the disposition of pending cases

and to avoid congestion in the calendars of the District Courts.” Link v. Wabash R.R., 370 U.S. 626,

629-30 (1962); Martinez v. Johnson, 104 F.3d 769, 772 (5th Cir. 1997).

Case 9:23-cv-00132-MAC-CLS Document 4 Filed 10/20/23 Page 1 of 2 PageID #: 14
Plaintiff has failed to prosecute this case diligently because he has not complied with the

court order to pay the initial partial filing fee. Accordingly, this action should be dismissed without

prejudice for want of prosecution.

Recommendation

This civil rights action should be dismissed without prejudice for want of prosecution

pursuant to Federal Rule of Civil Procedure 41(b).

Objections

Within fourteen days after receipt of the magistrate judge’s report, any party may serve and

file written objections to the findings of facts, conclusions of law and recommendations of the

magistrate judge. 28 U.S.C. § 636(b)(1)(C).

Failure to file written objections to the proposed findings of facts, conclusions of law and

recommendations contained within this report within fourteen days after service shall bar an

aggrieved party from the entitlement of de novo review by the district court of the proposed findings,

conclusions and recommendations and from appellate review of factual findings and legal

conclusions accepted by the district court, except on grounds of plain error. Douglass v. United

Servs. Auto. Ass’n, 79 F.3d 1415, 1417 (5th Cir. 1996) (en banc); 28 U.S.C. § 636(b)(1); FED. R.

CIV. P. 72. 

2

.

___________________________________

Christine L Stetson

UNITED STATES MAGISTRATE JUDGE SIGNED this the 20th day of October, 2023.

Case 9:23-cv-00132-MAC-CLS Document 4 Filed 10/20/23 Page 2 of 2 PageID #: 15
EXHIBIT (10)(A)



 EXHIBIT (10)(a) 

Consent of Counsel 







 [Sutherland Asbill & Brennan LLP] 

April 16, 2012 
 Board of Directors

 Transamerica Advisors Life Insurance Company 
 Merrill Lynch Life Variable Annuity Separate Account A 
 4333 Edgewood Road, NE 

Cedar Rapids, IA. 52499-0001 
  

	 	RE:	Merrill Lynch Life Variable Annuity Separate Account A 

 Merrill Lynch Retirement Plus® 

File No. 033-43773/811-06459 
 Gentlemen: 
 We hereby consent to the use of our name under the caption
“Legal Matters” in the Prospectus contained in Post-Effective Amendment No. 35 to the Registration Statement to Form N-4 (File No. 033-43773) of the Merrill Lynch Life Variable Annuity Separate Account A filed by Transamerica
Advisors Life Insurance Company with the Securities and Exchange Commission. In giving this consent, we do not admit that we are in the category of persons whose consent is required under Section 7 of the Securities Act of 1933. 

 

			
	Very truly yours,
	
	Sutherland Asbill & Brennan LLP
		
	By:	 	 /s/ Frederick R. Bellamy

		 	 Frederick R. Bellamy
```
 
 
CRUDE OIL, LIGHT SWEET - ICE FUTURES EUROPE                          Code-067411
FUTURES ONLY POSITIONS AS OF 12/03/13                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
(CONTRACTS OF 1,000 BARRELS)                         OPEN INTEREST:      572,681
COMMITMENTS
 117,219   21,946  166,844  254,634  348,695  538,697  537,485   33,984   35,196

CHANGES FROM 11/26/13 (CHANGE IN OPEN INTEREST:     10,608)
   2,177   -2,082    7,117   -9,813    5,871     -519   10,906   11,127     -298

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
    20.5      3.8     29.1     44.5     60.9     94.1     93.9      5.9      6.1

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      157)
      45       32       59       72       60      149      124
```

----

Updated December 6, 2013
## In the Court of Appeals Second Appellate District of Texas at Fort Worth

___________________________ No. 02

- 21

- 00048

- CV

___________________________

On Appeal from the 360th District Court Tarrant County, Texas Trial Court No. 360

- 688563

- 20

Before Kerr, Birdwell, and Bass e l , JJ. Per Curiam Memorandum Opinion 

### S.B.

- G., S R



### . , Appellant

V



### . K.B.

- G. , Appellee2 MEMORANDUM OPINION AND JUDGMENT On June 28, 2021, we notified appellant that his brief had not been filed as the appellate rules require. See Tex. R. App. P. 38.6(a). We stated that we could dismiss the appeal for wa n t of prosecution unless , within ten days, appellant filed with the

court a n appellant ’ s brief and a n accompanying motion reasonably explaining the brief’s untimely filing and why an extension was needed. See Tex. R. App. P. 10.5(b), 38.8(a)(1), 42.3(b)

. W e have received no response. Because appellant has failed to file a brief even after we afforded an opportunity to explain the initial failure, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b), 43.2(f).

Per Curia m D e livered : August 5, 2021
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-40565 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus FELIX FEDERICO SERNA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. C-98-CR-130-1

-------------------- December 14, 1999 Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Felix Federico Serna has moved for leave to withdraw and has filed a brief as required by Anders v. California , 386 U.S. 738 (1967). Serna has not filed a response. Our independent review of counsel’s brief and the record discloses no nonfrivolous issue. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR . R. 42.2.
Exhibit 32.1

CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

Inconnection with the Annual Report of Uromed Corporation (the “Company”) on Form10-KSB for the year ended December 31, 2005 (the “Report”), as filed with theSecurities and Exchange Commission on the date hereof, I, Ivo Heiden, CEO, CFO andChairman of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that:

1. TheReport fully complies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

2. Theinformation contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

/s/ Ivo Heiden

Ivo Heiden CEO, CFO and ChairmanDated: March 29, 2006

A signed original of this writtenstatement required by Section 906 has been provided to Uromed Corporation and will beretained by the Company and furnished to the Securities and Exchange Commission or itsstaff upon request.
# C o u rt o f

A p p ea ls

o f t h e S t a te o f

G eo rg ia

ATLANTA,_

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

Th e Co u rt

o f Ap p ea l s h er eb y p a s s es t h e f

o ll owi n g o r der :

A1 8 E0 04 3 . I N RE: CYNTHI A LAI N.

On Ap ri l 4

, 2 0 1 8

, t he St at e Co u rt o f Hen ry Co u n t y i s s u ed a b en ch w arran t fo r

C y n t h i a Lai n ari s i n g fro m h er fai l ure t o ap pear. L ai n t h en fi led a m o t i o n f o r

s u p ers ed eas

, s eek i n g t o hav e t h e s t at e co u rt s t ay i t s o rd er p en d i n g La i n ’s a p p e a l o f

t h e s t at e co u rt ’ s co n t em

p t o rd er. Th e t ri al co urt d i d no t g ran t t h e su p ers ed eas m o t i o n.

Lai n t h en fi l ed t he i n s t an t em erg en cy m o t i o n u nd er OCGA § 9 -1 1 -6 2 (e) an d Co u rt

o f Ap peal s Ru le 4 0 (b ).

Aft er rev iewi n g t h e ex h ib i t s fi l ed wi t h Lai n’ s m ot i o n, we co n cl ud e t h at L ai n

i s en t i t led t o t h e rel i ef s o u g h t. Th e em erg en cy m o t i o n fo r s u p ers ed e a s i s h ereb y

GRANTED.

C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia

C le r k ’ s O f f i c e

, A t la n t a

,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r t i f y t h a t t h e a b o v e i s a t r u e e x t r a c t f r o m

t h e m i n u t e s o

f t h e C o u r t o

f A p p e a l s o f G e o r g i a

. W i tn e s s m y s i g n a t u r e a n d t h e s e a l o

f s a i d c o u r t

h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

. April 26, 2018

04/26/2018
Keith B. WEBB-EL, petitioner, v. Thomas R. KANE, et al.

No. 18M79.

Supreme Court of the United States

Jan. 7, 2019.

Motion to direct the Clerk to file a petition for writ of certiorari out of time denied.
----

|   | (i) | the accompanying Quarterly Report on Form 10-Q of the Company for the period ended September 30, 2011 (the “Report”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|--------|------|------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |                    |   |   |                                         |
|--------|-------------------------|--------|--------|----------------------------------------------|
| Date:  |  November 14, 2011 |   |   |  /s/ Kevin J. Bratton                   |
|   |                    |   |   | Kevin J. BrattonChief Financial Officer |
ex10.3

 

 EXHIBIT 10.3
 

 MINUTES OF A SPECIAL MEETING
  
 OF 
  
 THE BOARD OF DIRECTORS
  
 OF
  
 BLUE EARTH, INC.
  
  
 

 A Special meeting (the “Meeting”) of the Board of Directors of Blue Earth, Inc., a Nevada corporation (the “Company”) was held telephonically at the corporate offices of the Company, 2298 Horizon Ridge Parkway, Suite 205, Henderson, NV 89052 on February 24, 2011.  The Meeting commenced at 8:03 AM (PCT).
  
 Present at the Meeting were Mr. Laird Q. Cagan, Chairman of the Board, and Dr. Johnny R. Thomas, constituting the entire Board of Directors.  Also present at the invitation of the Board of Directors was John C. Francis, Vice President.
  
 The Board Members and guest of the Board participated in the Meeting by means of conference telephone equipment through which all persons in attendance could hear each other. Mr. Cagan acted as Chairman of the Meeting and Mr. Francis acted as Secretary of the Meeting.
  
  
 [REDACTED]
 

 


 1
 

 

 
 

 

 

  
 [REDACTED]
  
 

 

 

 A discussion was held about the Compensation for Mr. Laird Q. Cagan.  A motion was made and passed by Dr. Thomas approving the following compensation for Mr. Cagan.  Mr. Cagan abstained from voting.
  
 ·
 100,000 restricted shares, valued at $1.24 per share, for a two-year term, vesting annually, as Chairman of the Board.  Half of the shares vest upon the date Mr. Cagan was appointed to the Board and the other half vested one year later.  This establishes a Director’s compensation of $62,000 per year.
  
 ·
 A two-year consulting agreement for 500,000 warrants with an exercise price of $1.25 based on the closing price for the past 10 trading days exercisable for a period of 5 years.  The warrants will vest 62,500 per quarter over the two-year vesting period, starting on the effective date of the consulting agreement.
  
 There being no further discussions to come before the board, upon motion duly made and seconded the Meeting was adjourned at 9:26 A.M. (PCT).
  
  
  
  
  
 


 2
 

 

 
 

 

 Dated as of February 24, 2011
  
  
 /s/ Laird Q. Cagan
 Laird Q. Cagan, Chairman of the Meeting
 

 /s/ Johnny R. Thomas
 Johnny R. Thomas, Director
 

 

 

 

  
  
 
 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 3
**EXHIBIT32**

 

# **SECTION 1350 CERTIFICATION**

#  

The undersigned hereby certify that this reportcomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, and that the information contained in thisreport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 

 

 

 

 
| Dated:   May 13,  2008 | By:                                    | /s/ Roger E. Gower |
|--------------------------------------------|----------------------------------------|--------------------|
|                                       | Roger E. Gower                         |
|                                       | President and Chief  Executive Officer |

 

 

 

 
| Dated:   May 13,  2008 | By:                     | /s/ Bruce R. Ficks |
|--------------------------------------------|-------------------------|--------------------|
|                                       | Bruce R. Ficks          |
|                                       | Chief Financial Officer |

 

----