alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION 

HEADWATER PARTNERS II LLC, 

Plaintiff and Counterclaim-Defendant, 

vs. 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§

§

Case No. 2:24-cv-00015-JRG-RSP 

(Lead Case) 

Jury Trial Demanded 

T-MOBILE USA, INC. AND SPRINT LLC, 

Defendants and Counterclaimant-Plaintiffs. 

HEADWATER PARTNERS II LLC, 

Plaintiff and Counterclaim-Defendant, 

vs. 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§

§

§ 

Case No. 2:24-cv-00016-JRG-RSP 

(Member Case) 

Jury Trial Demanded 

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

LLC AND AT&T CORP., 

Defendants and Counterclaimant-Plaintiffs. 

HEADWATER PARTNERS II LLC, 

Plaintiff and Counterclaim-Defendant, 

vs. 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§

§ 

§

§ 

Case No. 2:24-cv-00007-JRG-RSP 

Jury Trial Demanded 

CELLCO PARTNERSHIP, D/B/A VERIZON 

WIRELESS, AND VERIZON CORPORATE 

SERVICES GROUP INC., 

Defendants and Counterclaimant-Plaintiffs. 

DECLARATION OF JACOB K. BARON IN SUPPORT OF ERICSSON INC.’S 

UNOPPOSED MOTION TO INTERVENE 

Case 2:24-cv-00007-JRG-RSP Document 45-1 Filed 07/17/24 Page 1 of 2 PageID #: 465
2 

I, Jacob K. Baron, declare the following: 

1. I am a partner in the law firm of Holland & Knight LLP, outside counsel for the 

Intervenor, Ericsson Inc. (“Ericsson”). I make this declaration in support of Ericsson’s Unopposed 

Motion to Intervene (the “Motion”). The following facts are true to the best of my knowledge and, 

if called upon to do so, I could and would competently testify to the truth thereof. 

2. Before the Motion was filed, beginning on June 11, 2024, I met and conferred with 

Kris Davis and Jason Weitholter, outside counsel for Plaintiff Headwater Partners II LLC 

(“Headwater”). Outside counsel for Headwater informed me that Headwater does not oppose the 

Motion. 

3. Before the Motion was filed, I met and conferred with Jonathan Putman, in-house 

counsel for Defendants T-Mobile USA, Inc. and Sprint LLC (“T-Mobile”), Timothy Dyll, in-house 

counsel for Defendants AT&T Services, Inc., AT&T Mobility, LLC, and AT&T Corp. (“AT&T”), 

and Bukola Landis-Aina, in-house counsel for Defendants Cellco Partnership, d/b/a Verizon 

Wireless and Verizon Corporate Services Group Inc. (“Verizon”). In-house counsel for T-Mobile, 

AT&T and Verizon stated that they did not oppose the Motion. 

I declare under penalty of perjury that the foregoing is true and correct. 

Dated: July 17, 2024 /s/ Jacob K. Baron 

 Jacob K. Baron 

Case 2:24-cv-00007-JRG-RSP Document 45-1 Filed 07/17/24 Page 2 of 2 PageID #: 466
Constance F. RUSSELL, Petitioner, v. FIRST RESOLUTION INVESTMENT CORPORATION.

No. 18-9283

Supreme Court of the United States.

October 7, 2019

Petition for writ of certiorari to the Court of Civil Appeals of Alabama denied.
# Fourth Court of Appeals San Antonio, Texas October 8, 2021 No. 04-21-00367-CV IN THE INTEREST OF A.H. , a child From the 131st Judicial District Court, Bexar County, Texas

Trial Court No. 2020-PA-01403 Honorable Charles E. Montemayor, Judge Presiding



### O R D E R Appellant Mom’s brief was due to be filed with this court on October 7, 2021. See T EX . R. A PP . P. 38.6(a). On the due date, Mom filed a motion for a twenty-one-day extension of time to file her brief. Appellant Mom’s motion is GRANTED. Her brief is due on October 28, 2021.

_________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of October, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court
bspe_ex1001.htm


Exhibit 10.01







      SECOND ALLONGE TO PROMISSORY NOTE DATED NOVEMBER 19, 2010












Reference is hereby made to the Promissory Note dated November 19, 2010 (the “Note”) as amended by Allonge to Promissory Note dated September 27, 2011 by and between Blacksands Petroleum, Inc., a Nevada corporation (the “Company”) and the holder set forth on the signature page annexed hereto (the “Holder”).  Terms used herein and not otherwise defined herein shall have the meaning set forth in the Note.







The Company and the Holder hereby agree to amend the terms of the Note in accordance with the following terms:








	
1.

	
The initial reference to the maturity date of the Note shall be revised from May 1, 2013 to May 1, 2014.













	
2.

	
The first sentence of Section 2 of the Note shall be deleted in its entirety and replaced with the following:












“The outstanding principal balance of this Note together with all accrued but unpaid interest hereunder (the “Outstanding Balance”) shall be due and payable on May 1, 2014 (the “Maturity Date”).”








	
3.

	
On or before April 25, 2012, the Holder shall deliver to the Company, by wire transfer in immediately available funds, to an account specified by the Company, Five Hundred Thousand Dollars ($500,000) (the “Additional Loan”).












Upon receipt of the Additional Loan, all references to the principal sum of the Note shall automatically, without any action by either party, be revised to Three Million Dollars ($3,000,000).







The Company hereby agrees to the following terms which are part of this Allonge:








	
  

	6.   Net Proceeds Interest (“NPI”): The Company agrees to deliver to Holder and Holder shall receive from the Company Nine (9%) percent of the NPI on the property set out on the Security Agreement dated September 27, 2011 between the Company and the Holder and attached to and made a part of the Allonge to Promissory Note (“Security Agreement”).  Notwithstanding anything to the contrary herein, the NPI shall be capped at 25% of the Outstanding Balance amount.  In addition, if the Company pays the sum of the Note on or before May 1, 2013, the NPI shall be reduced to 4.5%.

 



Net Proceeds Interest is defined as the total net monies received from a sale or divestment of the Security Agreement property, by the Company, after deducting all associated and attributable costs (actual) to the Security Agreement property, including but not limited to the leasehold and associated land and legal costs and all capital expenses for drilling and tangible equipment associated therewith.  Also, the NPI shall be calculated after deducting value for all of the existing wellbores (including SWD wells) and production therefrom.









 




  





1











  






 



	 	Dated:  May 1, 2012	 	 
	 	 	BLACKSANDS PETROLEUM, INC.
	 	 	 	 
	 	 	By: 	/s/ DAVID DEMARCO
	 	 	 	Name:  David DeMarco
	 	 	 	Title: Chief Executive Officer





 


 


ACCEPTED AND AGREED:







SILVER BULLET PROPERTY HOLDINGS SDN BHD







 


By: /s/ DAVID DAWES


Name: David Dawes


Title: Director


Dated: May 1, 2012




 


 


 2
Tyler GORE, Petitioner, v. FLORIDA.

No. 19-8028.

Supreme Court of the United States.

May 18, 2020

Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District denied.
[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Notices]
[Page 33803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11905]



[[Page 33803]]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3576-EM; Docket ID FEMA-2022-0001]


Tennessee; Amendment No. 3 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for 
the State of Tennessee (FEMA-3576-EM), dated December 13, 2021, and 
related determinations.

DATES: This change occurred on May 16, 2022.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and 
Recovery, Federal Emergency Management Agency, 500 C Street SW, 
Washington, DC 20472, (202) 646-2833.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) hereby gives notice that pursuant to the authority vested in the 
Administrator, under Executive Order 12148, as amended, Leda M. Khoury, 
of FEMA is appointed to act as the Federal Coordinating Officer for 
this emergency.
    This action terminates the appointment of Robert A. Haywood as 
Federal Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers 
(CFDA) are to be used for reporting and drawing funds: 97.030, 
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis 
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster 
Unemployment Assistance (DUA); 97.046, Fire Management Assistance 
Grant; 97.048, Disaster Housing Assistance to Individuals and 
Households In Presidentially Declared Disaster Areas; 97.049, 
Presidentially Declared Disaster Assistance--Disaster Housing 
Operations for Individuals and Households; 97.050, Presidentially 
Declared Disaster Assistance to Individuals and Households--Other 
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially 
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-11905 Filed 6-2-22; 8:45 am]
BILLING CODE 9111-23-P
Mark J. SCHWARTZ, Petitioner, v. CLARK COUNTY, NEVADA, et al.

No. 19-842.

Supreme Court of the United States.

March 9, 2020.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
Fernando DURAN, Petitioner, v. UNITED STATES.

No. 19-7255

Supreme Court of the United States.

February 24, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.
H. Con. Res. 43 Agreed to July 11, 2013

One Hundred Thirteenth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Thursday, 

the third day of January, two thousand and thirteen 

Concurrent Resolution 

Resolved by the House of Representatives (the Senate concurring), 

SECTION 1. USE OF EMANCIPATION HALL FOR CEREMONY HONORING 

NELSON MANDELA. 

Emancipation Hall in the Capitol Visitor Center is authorized 

to be used on July 18, 2013, for a ceremony honoring the life 

and legacy of Nelson Mandela on the occasion of the 95th anniversary of his birth. Physical preparations for the ceremony shall 

be carried out in accordance with such conditions as the Architect 

of the Capitol may prescribe. 

Attest: 

Clerk of the House of Representatives. 

Attest: 

Secretary of the Senate.
<PAGE>   1
                                                                   EXHIBIT 21.01

                              LIST OF SUBSIDIARIES

1.  Crescent Real Estate Equities, Ltd., a Delaware corporation

2.  Crescent Real Estate Equities Limited Partnership, a Delaware limited 
    partnership 

3.  CRE Management I Corp., a Delaware corporation 

4.  CRE Management II Corp., a Delaware corporation 

5.  CRE Management III Corp., a Delaware corporation 

6.  CRE Management IV Corp., a Delaware corporation 

7.  CRE Management V Corp., a Delaware corporation 

8.  CRE Management VI Corp., a Delaware corporation 

9.  CRE Management VII Corp., a Delaware corporation

10. Crescent Real Estate Funding I, L.P., a Delaware limited partnership 

11. Crescent Real Estate Funding II, L.P., a Delaware limited partnership 

12. Crescent Real Estate Funding III, L.P., a Delaware limited partnership 

13. Crescent Real Estate Funding IV, L.P., a Delaware limited partnership 

14. Crescent Real Estate Funding V, L.P., a Delaware limited partnership 

15. Crescent Real Estate Funding VI, L.P., a Delaware limited partnership 

16. Crescent Real Estate Funding VII, L.P., a Delaware limited partnership 

17. Crescent Entertainment Company, L.P., a Texas limited partnership 

18. Crescent Entertainment Management L.L.C., a Texas limited liability company 

19. CEC Management, L.L.C., a Texas limited liability company 

20. Crescent Duddleston Hotel Partnership, L.P., a Texas limited partnership 

21. CresCal Properties, L.P., a Delaware limited partnership 

22. CresCal Properties, Inc., a Delaware corporation 

23. Woodlands Office Equities - '95 Limited, a Texas limited partnership 

24. Woodlands Retail Equities - '96 Limited, a Texas limited partnership 

25. CresWood Development, L.L.C. - a Texas limited liability company

26. 301 Congress Avenue, L.P., a Delaware limited partnership 

27. Crescent/301, LLC, a Delaware limited liability company 

28. Crescent Commercial Realty Corp., a Delaware corporation 


                                       1


<PAGE>   2





29. Crescent Commercial Realty Holdings, L.P., a Delaware limited partnership 

30. CresTex Development L.L.C., a Delaware limited liability company 

31. G/C Waterside Associates LLC, a Texas limited liability company 

32. Crescent 1717 Main, L.L.C., a Texas limited liability company 

33. Crescent E&M, L.L.C., a Texas limited liability company 

34. Crescent Ervay & Main, L.P., a Texas limited partnership 

35. Main Street Partners, L.P., a Texas limited partnership 

36. Main Street Partners Management Company, L.P., a Texas limited partnership.

37. Spectrum Mortgage Associates, L.P., a Delaware limited partnership

38. Crescent Washington Harbour, LLC, a Delaware limited partnership 

39. Crescent Potomac Harbour, LLC, a Delaware limited partnership 

40. Crescent Costa Mesa, LLC, a Delaware limited partnership 

41. Crescent Woodfield, LLC, a Delaware limited partnership
             
42. Hudson Bay Partners II, L.P., a Delaware limited partnership

43. Hudson Bay Partners IV, L.P., a Delaware limited partnership




                                       2
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

843 CA 13-00299 PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

JUDITH CIRIFALCO AND SALVATORE A. CIRIFALCO, PLAINTIFFS-RESPONDENTS,

V ORDER

U.S.I. BUILDING SERVICES, INC., DEFENDANT-APPELLANT.

DAMON MOREY LLP, BUFFALO (MICHAEL L. AMODEO OF COUNSEL), FOR DEFENDANT-APPELLANT.
DAVID P. FELDMAN, BUFFALO, FOR PLAINTIFFS-RESPONDENTS.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered May 9, 2012. The order denied the motion of defendant for summary judgment.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on August 12, 2013, and filed in the Niagara County Clerk’s Office on August 22, 2013,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: September 27, 2013 Frances E. Cafarell Clerk of the Court
* 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. 07-30922 Summary Calendar

UNITED STATES OF AMERICA Plaintiff-Appellee

v. MARCUS W CLAYTON Defendant-Appellant

Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:06-CR-222-1
Before KING, DeMOSS, and BENAVIDES, Circuit Judges. PER CURIAM: * MarcusW. Clayton appeals the sentence imposed following his guilty plea to possession with intent to distribute cocaine. He argues that the district court plainly erred in upwardly departing from the advisory guidelines range by failing to provide fact-specific reasons for its judgment. The record refutes Clayton’s contention that the district court impermissibly relied on his arrest history in upwardly departing. The record instead discloses that Clayton engaged in ongoing criminal conduct of a serious United States Court of Appeals

Fifth Circuit 

### F I L E D April 18, 2008 Charles R. Fulbruge III ClerkNo. 07-30922

2 nature, including drug and unlawful possession of a firearm crimes that were similar to the instant offense of convicti on, conduct sufficient to support the district court’s decision to upwardly depart from the advisory guidelines range. SeeU.S.S.G. § 4A1.3, cmt. (n.2(B)) (2006); United Statesv. Lee , 358 F.3d 315, 329 (5th Cir. 2004). Additionally, Clayton’s commission ofthe instant offense while on federal
supervised release and the revocation of his state probation following a drug arrest were reliable facts from which the district court could infer that Clayton
was likely to reoffend, also warranting an upward departure. See § 4A1.3(a)(1); Lee , 358 F.3d at 328-29. Clayton therefore has not established plain error on the part ofthe district court. See United Statesv. Mares, 402 F.3d 511, 520 (5th Cir. 2005).AFFIRMED.
INO THERAPEUTICS LLC, et al., Petitioners, v. PRAXAIR DISTRIBUTION INC., et al.

No. 19-1103.

Supreme Court of the United States.

April 6, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.
Laquan L. KELLAM, Petitioner, v. UNITED STATES.

No. 18-9737

Supreme Court of the United States.

October 7, 2019

Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.
Antonio Darset KING, Sr., petitioner, v. UNITED STATES.

No. 18-8811.

Supreme Court of the United States

Aug. 5, 2019.

Petition for rehearing denied.
[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Notices]
[Page 33802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11921]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4650-DR; Docket ID FEMA-2022-0001]


Washington; Amendment No. 2 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the 
State of Washington (FEMA-4650-DR), dated March 29, 2022, and related 
determinations.

DATES: The amendment was issued May 17, 2022.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and 
Recovery, Federal Emergency Management Agency, 500 C Street SW, 
Washington, DC 20472, (202) 646-2833.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident for 
this declared disaster has been changed to severe winter storms, 
snowstorms, straight-line winds, flooding, landslides, and mudslides.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 
97.033, Disaster Legal Services; 97.034, Disaster Unemployment 
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, 
Disaster Housing Assistance to Individuals and Households In 
Presidentially Declared Disaster Areas; 97.049, Presidentially 
Declared Disaster Assistance--Disaster Housing Operations for 
Individuals and Households; 97.050, Presidentially Declared Disaster 
Assistance to Individuals and Households--Other Needs; 97.036, 
Disaster Grants--Public Assistance (Presidentially Declared 
Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-11921 Filed 6-2-22; 8:45 am]
BILLING CODE 9111-23-P
[Federal Register Volume 87, Number 99 (Monday, May 23, 2022)]
[Notices]
[Page 31235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10989]


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

EXPORT-IMPORT BANK

[Public Notice: 2022-6009]


Agency Information Collection Activities: Comment Request

AGENCY: Export-Import Bank of the U.S.

ACTION: Submission for OMB review and comments request.

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

SUMMARY: The Export-Import Bank of the United States (EXIM), as a part 
of its continuing effort to reduce paperwork and respondent burden, 
invites the general public and other Federal Agencies to comment on the 
proposed information collection, as required by the Paperwork Reduction 
Act of 1995. The purpose of this collection is to gather information 
necessary to make a determination of eligibility of a transaction for 
EXIM assistance under its medium-term guarantee and insurance program.

DATES: Comments should be received on or before July 22, 2022 to be 
assured of consideration.

ADDRESSES: Comments may be submitted electronically on 
WWW.REGULATIONS.GOV (EIB 95-10) or by mail to Office of Information and 
Regulatory Affairs, 725 17th Street NW, Washington, DC 20038, Ave. NW, 
Washington, DC. The application tool can be reviewed at: https://img.exim.gov/s3fs-public/pub/pending/eib-95-10-cgf-and-lt-application.pdf.

FOR FURTHER INFORMATION CONTACT: To request additional information, 
please Donna Schneider <<a href="/cdn-cgi/l/email-protection#65010a0b0b044b16060d0b000c01001725001d0c084b020a13"><span class="__cf_email__" data-cfemail="82e6edecece3acf1e1eaece7ebe6e7f0c2e7faebeface5edf4">[email protected]</span></a>>, 202-565-4223.

SUPPLEMENTARY INFORMATION:
    Titles and Form Number: EIB 95-10 Application for Credit Guarantee 
Facility and Long-term Direct Loan or Guarantee.
    OMB Number: 3048-0013.
    Type of Review: Update & Renewal.
    Need and Use: The information collected will provide information 
needed to determine compliance and creditworthiness for transaction 
requests submitted to EXIM under its credit guarantee facility and 
long-term guarantee and direct loan programs.
    Annual Number of Respondents: 85.
    Estimated Time per Respondent: 2.5 hours.
    Annual Burden Hours: 212.5 hours.
    Frequency of Reporting or Use: As needed.
    Government Expenses:
    Reviewing Time per Year: 148.75 hours.
    Average Wages per Hour: $42.50.
    Average Cost per Year: $6,322 (time * wages).
    Benefits and Overhead: 20%.
    Total Government Cost: $7,586.

Bassam Doughman,
IT Specialist.
[FR Doc. 2022-10989 Filed 5-20-22; 8:45 am]
BILLING CODE 6690-01-P


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</html>
Arnold FLECK, Petitioner, v. Joe WETCH, et al.

No. 19-670.

Supreme Court of the United States.

May 4, 2020

Petition for rehearing denied.
IN RE Elloyd JOHNSON, Petitioner.

No. 19-7841.

Supreme Court of the United States.

May 4, 2020

Petition for writ of mandamus and/or prohibition denied.
Richard HURLES, Petitioner, v. David SHINN, Director, Arizona Department of Corrections, et al.

No. 19-7541.

Supreme Court of the United States.

April 6, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
EXHIBIT 32.2

                WRITTEN STATEMENT OF THE CHIEF FINANCIAL OFFICER

                       Pursuant to 18 U.S.C. Section 1350
      as adopted pursuant to section 906 of the Sarbanes-Oxley act of 2002

Solely for the purposes of complying with 18 U.S.C. Section 1350 as adopted
pursuant to section 906 of the Sarbanes-Oxley act of 2002, I, the undersigned
Chief Financial Officer of Visual Data Corporation (the "Company"), hereby
certify, based on my knowledge, that the Annual Report on Form 10-KSB/A of the
Company for the fiscal year ended September 30, 2003, (the "Report") fully
complies with the requirements of Section 13(a) or Section 15(d) of the
Securities Exchange Act of 1934 and that the information contained in the Report
fairly presents, in all material respects, the financial condition and results
of operations of the Company.

Date: November 12, 2004

                                                  /s/ Randy S. Selman
                                                  ------------------------------
                                                  Randy S. Selman
                                                  Acting Chief Financial Officer