alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 32


                              SOLPOWER CORPORATION

                                CERTIFICATION OF
                           CHIEF EXECUTIVE OFFICER AND
                          PRINCIPAL ACCOUNTING OFFICER
                       PURSUANT TO18 U.S.C. SECTION 1350,
                       AS ADOPTED PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002

     I, James H.  Hirst,  solely for the  purpose  of  complying  with 18 U.S.C.
Section 1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley  Act of
2002,  hereby  certify that the Annual  Report of Solpower  Corporation  on Form
10-KSB  for the  fiscal  year  ended  March 31,  2003  fully  complies  with the
requirements  of Section 13(a) or 15(d) of the  Securities  Exchange Act of 1934
and that  information  contained  in such Annual  Report on Form  10-KSB  fairly
presents  in all  material  respects  the  financial  condition  and  results of
operations of Solpower Corporation.

Date: May 25, 2005


By: /s/ James H. Hirst
   ---------------------------------
   James H.  Hirst
   Chief Executive Officer and Principal Accounting Officer
#### Melanie B. COLLINS, Appellant, v. Charles Wayne COLLINS, Jr., Appellee.

No. 1D03-2018.

District Court of Appeal of Florida, First District.

July 14, 2003.

David M. Robertson of Brannon, Brown, Haley, Robinson & Bullock, P.A., Lake City, for Appellant.

Ernest A. Sellers, Jr., Live Oak, for Appellee.

PER CURIAM.

Having considered the appellant’s response to this Court’s order, dated May 28, 2003, the appeal is hereby dismissed. *See S.L.T. Warehouse Co. v. Webb,*304 So.2d 97, 99 (Fla.1974); *Hoffman v. O’Connor,*802 So.2d 1197 (Fla. 1st DCA 2002); *United Water Florida, Inc. v. Florida Public Service Commission,*728 So.2d 1250 (Fla. 1st DCA 1999). This dismissal is without prejudice to appellant’s right to *434file a timely notice of appeal once a final order has been entered.

WOLF, C.J., WEBSTER and BENTON, JJ., concur.
#### UNITED STATES of America, Plaintiff-Appellee, v. Travis Elmer RUSHING, Defendant-Appellant.

No. 71-2916

Summary Calendar.*

United States Court of Appeals, Fifth Circuit.

March 28, 1972.

Rehearing Denied May 23, 1972.

George M. Leppert, New Orleans, La., (Court-appointed), for defendant-appellant.

Donald E. Walter, U. S. Atty., Paul Lynch, Asst. U. S. Atty., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.

*

  Rule 18, 5th Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir. 1970, 431 F.2d 409, Part I.

PER CURIAM:

On this direct appeal, a review of the record indicates that the district court failed to comply with Rule 11, Federal Rules of Criminal Procedure, in that no inquiry was made of defendant to determine whether there was a factual basis for the plea of guilty. The failure of the court below to comply with Rule 11 constituted reversible error entitling the defendant to plead anew. See McCarthy v. United States, 1969, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418.

Reversed.
EXHIBIT
32





CERTIFICATION





Pursuant
to 18 U.S.C. 1350 as adopted by


Section 906
of the Sarbanes-Oxley Act of 2002





Each of
the undersigned, Shaun E. McAlmont, President and Chief Executive Officer of
Lincoln Educational Services Corporation (the “Company”), and Cesar Ribeiro,
Chief Financial Officer of the Company, has executed this certification in
connection with the filing with the Securities and Exchange Commission of the
Company’s Quarterly Report on Form 10-Q for the fiscal quarter ended September
30, 2009 (the “Report”).





Each of
the undersigned hereby certifies that, to his respective knowledge:





1.           The
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and





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





Date:      November
6, 2009








/s/ Shaun E.
McAlmont


Shaun E.
McAlmont


President
& Chief Executive Officer










/s/ Cesar
Ribeiro


Cesar
Ribeiro


Chief
Financial Officer
**Exhibit 31(a)****CERTIFICATION**I, Jeffery R. Gardner, Chief Executive Officer and President of Windstream Corporation, certifythat:1. I have reviewed this quarterly report on Form 10-Q of Windstream Corporation; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: (a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  (b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and  (c) Disclosed in this report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recent fiscalquarter (the registrant’s fourth fiscal quarter in the case of an annual report) thathas materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): (a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and reportfinancial information; and  (b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.Date: May 10, 2007        /s/ Jeffery R. Gardner   Jeffery R. Gardner   Chief Executive Officer and President
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 01-60155

 

JESUS J. CARDENAS-LARA,

Petitioner,

versus

JOHN ASHCROFT, 

ATTORNEY GENERAL,

Respondent.

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

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A90-732-292

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

March 7, 2002

Before REAVLEY, WIENER, and PARKER, Circuit Judges.

PER CURIAM:*

Jesus J. Cardenas-Lara petitions for review of an order of

the Board of Immigration Appeals (BIA) holding that CardenasLara’s state conviction for felony driving while intoxicated was

an aggravated felony warranting his removal from this country. 

The respondent has moved to dismiss the petition for review and

to remand the case to the BIA for reconsideration in light of

United States v. Chapa-Garza, 243 F.3d 921, 927 (5th Cir. 2001). 

Cardenas-Lara has not replied to the respondent’s motion to

remand. 
No. 01-60155

-2-

Cardenas-Lara’s petition for review is GRANTED. The order

of the BIA is VACATED, and this case is REMANDED to the BIA for

disposition consistent with Chapa-Garza, 243 F.3d at 927. All

other outstanding motions are DENIED.
EXHIBIT 23.2

CONSENT OF BRUCE E. WALDMAN

I consent to the incorporation by reference in the Registration Statements on Form S-8 (File
No. 333-31076), Form S-8 (File No. 333-122329), Form S-3 (File No. 333-109607), Form S-3 (File No. 333-40936) and Form S-3 (File No. 333-147964) of Private Media Group, Inc. of my report dated March 12, 2008, with
respect to the financial statements of Private North America Ltd. at December 31, 2007 and for the years ended December 31, 2005, 2006 and 2007, which report is included in this Annual Report (Form 10-K) for the fiscal year ended
December 31, 2007.

Sherman Oaks, California

March 13, 2008

|                            
|----------------------------
|                            
|/s/ Bruce E. Waldman, C.P.A.
|Bruce E. Waldman, C.P.A.
ex10_351.htm





Exhibit 10.35(1)


 



AMENDMENT TO THE


PULSE ELECTRONICS CORPORATION


2012 OMNIBUS INCENTIVE COMPENSATION PLAN







The Pulse Electronics Corporation 2012 Omnibus Incentive Compensation Plan (the “Plan”) is hereby amended as set forth below, effective March 28, 2013:







I.







Section 4.3(b) of the Plan is hereby amended to read as follows:







(b)           Annual Individual Limitations. No Grantee may be granted Awards (other than Awards that cannot be satisfied in Shares) with respect to more than 2,500,000 Shares, subject to adjustment as provided in Section 4.2(a), in a single calendar year and except as otherwise provided in Section 5.6(b). The maximum potential value of Awards to be settled in cash or property (other than Shares) that may be granted in any calendar year to any Grantee shall not exceed $2.5 million for all such Awards with performance periods exceeding 18 months and $1.75 million for all such Awards with performance periods that do not exceed 18 months.







II.







Except as set forth herein, the Plan shall remain in full force and effect.
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 report of China Architectural Engineering, Inc. (the
“Company”) on Form 10-Q for the period ending September 30, 2009 as filed with
the Securities and Exchange Commission on the date hereof (the “Report”), each
of the undersigned, in the capacities and on the dates indicated below, hereby
certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to his
knowledge:





(1) The Report fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934; and





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






Chief
Executive Officer
 November 16,
2009
   
 Acting
Chief Financial Officer
 November 16,
2009





A signed
original of this written statement required by Section 906 has been
provided to China Architectural Engineering, Inc. and will be retained by China
Architectural Engineering, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
BancOne Mortgage
Capital Markets, LLC
Paul Smyth
1717 Main Street, 12th Floor
Dallas TX  75201

Telephone:      (214) 290-2505
Facsimile:      (214) 290-3142


April 1, 1999

Norwest Bank Minnesota, National Association
Corporate Trust Office
1000 Broken Land Parkway
Columbia, MD 21044
Attn: Corporate Trust Services (CMBS) - Morgan Stanley Capital I Inc.,
Series 1998-WF2

Wells Fargo Bank, National Association
417 Montgomery Street, 5t~ Floor
San Francisco, CA g4111
Attn: Portfolio Manager

RE:

Morgan Stanley Capital I Inc., Commercial Mortgage Pass Through Certificates,
Series 1998 WF2

Ladies and Gentlemen:

The  Officer's  Certificate  is  provided  to you by BANC ONE  MORTGAGE  CAPITAL
MARKETS,  LLC  ("BOMCM")  pursuant to Section 8.12 of that  certain  Pooling and
Servicing  Agreement  ("PSA")  dated  as June 1,  1998,  relative  to the  above
referenced securitization for which BOMCM acts as Special Servicer.  Capitalized
terms used  herein  shall bear the  meaning  ascribed  to them in the PSA unless
otherwise defined in this letter.

The  undersigned  officers,  on behalf of BOMCM,  hereby  inform you (i) that, a
review of the  activities  of BOMCM as Special  Servicer and of its  performance
under the PSA has been made under the  undersigneds'  supervision for the period
of time  commencing  October 31, 1998 through year end 1998,  (ii) that,  to the
best of such undersigneds' knowledge, based on such review, it has fulfilled all
of its obligations under the PSA, throughout such period.

Sincerely,

BANC ONE MORTGAGE
CAPITAL MARKETS, LLC, Special Servicer

By
Paul Smyth
Managing Director Servicing

Edgar L Smith, II
Chief Operating Officer
#### Kenneth H. SMITH et al., Plaintiffs-Appellants, v. Stanley S. RESOR et al., Defendants-Appellees. Kenneth H. SMITH et al., Plaintiffs-Appellees, v. Stanley S. RESOR et al., Defendants-Appellants.

Nos. 26272, 26647.

United States Court of Appeals, Ninth Circuit.

March 14, 1972.

Donald A. Jelinek, William Samsel, Berkeley, Cal, for Kenneth H. Smith, and others.

Robert L. Browning, U. S. Atty, San Francisco, Cal, for defendants-appellees Stanley S. Resor, and others.

Stanley J. Friedman, of Herzstein, Maier, Friedman & Lippett, San Francisco, Cal, for amicus curiae.

James L. Browning, Jr, U. S. Atty, Richard F. Locke, Asst. U. S. Atty, San Francisco, Cal, for defendants-appellants Stanley S. Resor, and others.

Before HAMLIN and MERRILL, Circuit Judges, and GRAY, District Judge.*

*

 Honorable William P. Gray, United States District Judge, Central District of California, sitting by designation.

PER CURIAM:

No. 26,272 is an appeal from a decision of the United States District Court for the Northern District of California dismissing the complaint filed by certain of the plaintiffs for injunctive and declaratory relief. Appellants contend that the Army Regulation AR 635-20 prohibiting the filing of applications for discharge based on conscientious objection at Overseas Replacement Centers is in violation of their rights under the Fifth and Sixth Amendments to the United States Constitution.

The contentions made by appellants have been considered and determined adversely to them in the recent decision of *1110this court entitled Turpin, et al. v. Re-sor, et al., 9 Cir., 452 F.2d 240, decided December 15,1971.

The defendants in the above case appealed from a portion of the judgment of the district court in which the district judge permitted certain of the other plaintiffs in the above action, to wit, Smith, Mazzelli, Burks and Martin, to file their application for conscientious objector discharge at the Oakland Army Base.1 The court having been informed that none of said four persons is now in the active service of the Army, it appears that the defendants' appeal is moot. Accordingly, that portion of the order of the district court permitting such applications to be filed at the Oakland Army Base is vacated. *See,*United States v. Munsingwear, 340 U.S. 36, at 39, 71 S.Ct. 104, 95 L.Ed. 36 (1950).

In No. 26,272 the judgment is affirmed. In No. 26,647 the judgment is vacated as moot.

1

. The Clerk has numbered that appeal No. 26,647.
#### IN THE MATTER OF JACKIE G. BOYLES, Respondent

No. 7821DC473

(Filed 17 October 1978)

Insane Persons § 2.1— motion to rehear —statutory notice not given — proceeding not dismissed

Failure to give respondent whose commitment to a state mental health facility was about to expire at least fifteen days notice of a motion by the acting chief of medical services to rehear did not require dismissal of the proceeding; instead, unless respondent could show some prejudice, the proper action would be to continue the proceeding until ample notice was given. G.S. 122-58.11(e).

Appeal by respondent from *B. Allen, Judge.*Judgment entered 2 February 1978 in District Court, GRANVILLE County. File transferred to Forsyth County following hearing in accordance with directive from the Administrative Office of the Courts. Heard in the Court of Appeals 21 September 1978.

Respondent was committed to John Umstead Hospital for a period to expire 1 February 1978. On 27 January 1978, six days before the expiration of the commitment period, the acting chief of medical services of Umstead Hospital filed with the clerk of court a request for rehearing pursuant to G.S. 122-58.11. On 30 January 1978 respondent and his attorney were served with notice of the rehearing scheduled for 2 February 1978, three days away. When the case was called for hearing on that date, respondent moved to dismiss the proceedings for lack of a timely request for rehearing and lack of timely notice of rehearing. Respondent’s motion was denied, and at the conclusion of the hearing respondent was ordered committed for 180 days. From the denial of his motion respondent appeals.

*Attorney General Edmisten, by Associate Attorney Christopher S. Crosby, for the State.*

*S. F. Olive for respondent appellant.*

ARNOLD, Judge.

N.C. G.S. § 122-58.11 sets out the procedures for involuntary commitment rehearings. As this was not the first rehearing, subsection (e) applies: “Fifteen days before the end of the . . . commitment period . . . the chief of medical services of the facility *390shall . . . evaluate the condition of each respondent, and if he determines that a respondent is in continued need of hospitalization . . . shall so notify the respondent, his counsel, and the clerk of superior court. . . Respondent contends that this 15-day period has the effect of a statute of limitations, so that a proceeding brought on less notice must be dismissed. We disagree. Dismissal is too drastic, and unless respondent can show some prejudice the proper action would be to continue the proceeding until ample notice has been given.

Affirmed.

Judges VAUGHN and WEBB concur.
<PAGE>
                                                                    Exhibit 24.1


                           PARK-OHIO INDUSTRIES, INC.

                                    FORM 10-K

                                POWER OF ATTORNEY


                  The undersigned directors and officers of Park-Ohio
Industries, Inc., an Ohio corporation (the "Corporation"), hereby constitute and
appoint, Richard P. Elliott and Robert D. Vilsack, and each of them, with full
power of substitution and resubstitution, as attorneys-in-fact or
attorney-in-fact of the undersigned, for him and in his name, place and stead,
to execute and file with the Securities and Exchange Commission (the
"Commission") under the Securities Act of 1934 the Annual Report of the
Corporation on Form 10-K (the "Annual Report"), with any and all amendments,
supplements and exhibits thereto, to execute and file any and all other
documents to be filed with the Commission relating to the Annual Report, each
such attorney to have full power to act with or without the other, and to have
full power and authority to do and perform, in the name and on behalf of the
undersigned, every act whatsoever necessary, advisable or appropriate to be done
in the premises, hereby ratifying and approving the act of said attorneys and
any of them and any such substitute.

                         EXECUTED as of March 24, 2003.


/s/ Edward F. Crawford                        /s/ Richard P. Elliott
-----------------------------------           ----------------------------------
Edward F. Crawford                            Richard P. Elliott
President, Chief Executive Officer,           Vice President and Chief Financial
Chairman of the Board and Director            Officer


/s/ Matthew V. Crawford                       /s/ James W. Wert
-----------------------------------           ----------------------------------
Matthew V. Crawford                           James W. Wert
Senior Vice President and Director            Director


/s/ Ronna Romney                              /s/ Kevin R. Greene
-----------------------------------           ----------------------------------
Ronna Romney                                  Kevin R. Greene
Director                                      Director


/s/ Lewis E. Hatch
-----------------------------------
Lewis E. Hatch, Jr.
Director


/s/ Lawrence O. Selhorst
-----------------------------------
Lawrence O. Selhorst
Director
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.                  

###### International Trade Commission

          - [USITC SE-05-034] 

# Agency Holding the Meeting:

International Trade Commission. 

# Time and Date:

October 19, 2005 at 11 a.m. 

# Place:

Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205-2000. 

# Status:

Open to the public. 

# Matters To Be Considered:

1. Agenda for future meetings: none 

2. Minutes 

3. Ratification List 

4. Inv. No. 731-TA-718 (Second Review)(Glycine from China)—briefing and vote. (The Commission is currently scheduled to transmit its determination and Commissioners' opinions to the Secretary of Commerce on or before October 31, 2005.) 

5. Outstanding action jackets: none 

In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. 

Issued: October 11, 2005. 

*By order of the Commission.*

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 05-20793 Filed 10-13-05; 11:07 am] 

BILLING CODE 7020-02-P