alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 32.1



CERTIFICATION



CERTIFICATION PURSUANT TO 18 U.S.C. Section 1350 (ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)



In connection with the quarterly report of eCOST.com, Inc., a Delaware corporation, on Form 10-Q for the fiscal quarter ended September 30, 2005 as filed with the Securities and Exchange Commission (the
Report), I, Adam Shaffer, Chief Executive Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:



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



(2) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations
of the Company at the dates and for the periods indicated.



This Certification has not been, and shall not be deemed, filed with the Securities and Exchange Commission.



|                        |  |  |  |                                                  
|----------------------- |  |  |  | -------------------------------------------------
|                        |  | 
|Date: November 14, 2005 |  |  |  | /s/ Adam Shaffer                                 
|                        |  |  |  | Adam Shaffer Chief Executive Officer and Chairman
[Federal Register Volume 70, Number 199 (Monday, October 17, 2005)]
[Presidential Documents]
[Page 60403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20856]




                        Presidential Documents 



Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / 
Presidential Documents

[[Page 60403]]


                Presidential Determination No. 2005-41 of September 29, 
                2005

                
Transfer of Funds from FY 2004 and 2005 Foreign 
                Assistance Act and Arms Export Control Act Accounts to 
                the International Narcotics Control and Law Enforcement 
                Account to Support the G-8 Women's Justice and 
                Empowerment Initiative

                Memorandum for the Secretary of State

                Pursuant to the authority vested in me by the 
                Constitution and laws of the United States, including 
                section 610 of the Foreign Assistance Act of 1961, as 
                amended (the ``Act''), I hereby determine it necessary 
                for the purposes of that Act that $5 million in FY 2004 
                funds made available under the Support for East 
                European Democracy Act ($1 million) and FY 2005 funds 
                made available under chapter 9 of part II of the Act 
                ($1.2 million) and under section 23 of the Arms Export 
                Control Act ($2.8 million) be transferred to, and 
                consolidated with, funds made available under chapter 8 
                of part I of the Act, and such funds are hereby so 
                transferred and consolidated.

                You are hereby authorized and directed to report this 
                determination to the Congress and to publish it in the 
                Federal Register.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    Washington, September 29, 2005.

[FR Doc. 05-20856
Filed 10-14-05; 8:45 am]
Billing code 4710-10-P
#### GE LIFE AND ANNUITY ASSURANCE COMPANY, Petitioner, v. Joy D. VOGEL and Gregory F. Vogel, Respondents.

No. 2D02-3928.

District Court of Appeal of Florida, Second District.

March 12, 2003.

Michael A. Schlanger of Sonnenschein Nath *&*Rosenthal, Washington, DC, and Lewis F. Collins, Jr.; Anthony J. Russo; and Marjorie Salem Hensel of Butler Bur-nette Pappas, Tampa for Petitioner.

Robert V. Williams and Mary B. Thomas of Williams Schifino Mangione & Steady, P.A., Tampa, for Respondents.

PER CURIAM.

GE Life and Annuity Assurance Company petitions for a writ of certiorari concerning a nonfinal order denying a stay sought by GE and finding that GE had waived its right to compel arbitration. GE’s petition has now been rendered moot by an order entered in federal court compelling arbitration. Although we decline to reach the merits of this moot petition, subsequent developments in decisional law call into question the continued viability of this court’s opinion in *Donald & Co. Securities, Inc. v. Mid-Florida Community Services, Inc.,*620 So.2d 192 (Fla. 2d DCA 1993). *See Lane v. Sarfati,*691 So.2d 5, 6 *331n. 1 (Fla. 3d DCA 1997) (certifying conflict).

Petition denied.

ALTENBERND, C.J., and SALCINES and COVINGTON, JJ., Concur.
#### Marilyn MELANCON, et al. v. Kelly MORRISON, et al.

No. 2003-CC-2351.

Supreme Court of Louisiana.

Sept. 5, 2003.

In re Melancon, Marilyn et al.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. D, No. 474,096; to the Court of Appeal, First Circuit, No. 2003 CW 1061.

Denied.
*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 COURT OF APPEALS

FOR THE FIFTH CIRCUIT

___________________________

No. 99-30148

Summary Calendar

___________________________

COREY WICKER,

Plaintiff-Appellant,

VERSUS

FORD MOTOR COMPANY; et. al;

Defendants,

FORD MOTOR COMPANY

Defendant-Appellee.

___________________________________________________

Appeal from the United States District Court

for the Eastern District of Louisiana

(98-CV-166)

 ___________________________________________________

August 9, 1999

Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM:*

The judgment of the District Court is AFFIRMED for essentially

the reasons stated in the District Court’s Order and Reasons dated

January 20th, 1999.
Exhibit 10.8

                            INDEMNIFICATION AGREEMENT
                            -------------------------

         THIS INDEMNIFICATION AGREEMENT (this "Agreement"), dated as of the 31st
day of December, 2001, made by E&P FINANCING LIMITED PARTNERSHIP, a Maryland
limited partnership ("Indemnitor"), for the benefit of Paul J. Schulte
("Indemnitee"), provides:

         1. Recitals. Indemnitor and U.S. Bank National Association (the
            --------
"Lender"), have entered into a Loan Agreement (as it may be amended, the "Loan
Agreement") pursuant to which the Lender agreed to lend certain amounts to
Indemnitor. In connection with the Loan Agreement, Indemnitee executed a
Guaranty Agreement dated October 20, 1999 pursuant to which Indemnitee
guaranteed certain obligations of Indemnitor pursuant to the Loan Agreement (the
"Guaranty").

         2. Indemnification. Indemnitor hereby agrees to indemnify and hold
            ---------------
harmless Indemnitee for any payment made by, and against any and all other
losses imposed upon, incurred by, or asserted against, Indemnitee, arising out
of or based upon the Guaranty.

         3. Notices. All notices to Indemnitor and Indemnitee hereunder shall be
            -------
in writing and shall be effective when received at, in the case of Indemnitee,
the address set forth below:

         Paul J. Schulte
         7170 Riverwood Drive
         Columbia, Maryland 21046
         Fax: (443) 259-4999

and in the case of Indemnitor, the address set forth below:

         E&P Financing Limited Partnership
         c/o Humphrey Hospitality Trust, Inc.
         7170 Riverwood Drive
         Columbia, Maryland 21046
         Attn: President
         Fax: (443) 259-4999

or at such other addresses as the parties may designate from time to time in
writing.

                            [SIGNATURE PAGE FOLLOWS.]


<PAGE>

         WITNESS the following signature.
                                            E&P FINANCING LIMITED PARTNERSHIP
                                            By:      E&P REIT Trust
                                                     General Partner


                                            By: /s/ George R. Whittemore
                                               -------------------------
                                            Name: George R. Whittemore
                                                 ---------------------
                                            Title: President
                                                  ----------

                                      -2-
##### 



Exhibit 10.23
 
       Representations
 Fees and Expenses




---



##### 



Defined Terms
 Limited Effect
 GOVERNING LAW
 Counterparts




---



##### 



NEW CENTURY FUNDING SB-1By: Christiana Bank & Trust Company, not inits individual capacity but solely as owner trusteeBy:
    
    /s/ Louis W. GeibelName: Louis W. GeibelTitle:   Vice PresidentCITIGROUP GLOBAL MARKETS REALTY CORP.By:
    
    /s/ Bobbie TheivakumaranName: Bobbie TheivakumaranTitle:   Authorized Agent
  NEW CENTURY MORTGAGE CORPORATIONBy:
    
    /s/ Karl WeissName:   Karl WeissTitle:     SVPNEW CENTURY FINANCIAL CORPORATION(f/k/a New Century REIT, Inc.)By:
    
    /s/ Kevin CloydName: Kevin CloydTitle:   EVPBy:
    
    /s/ Brad A. MorriceName: Brad A. MorriceTitle:   President and CEO
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

DAMON J. CLAIBORNE ,

P laintiff

- Appellant ,

v. RYAN D. MCCARTHY, Acting Secretary of the Army,
Defendant

- Appellee

. No. 18

- 36023
D.C. No. 3:15

- cv - 01192

- BR

MEMORANDUM *

Appeal from the United States District Court for the District of Oregon Anna J. Brown, District Judge, Presiding Argued and Submi ssion Withdrawn December 1 1 , 2019

Resubmitted March 12, 2020 Seattle, Washington
Before: GRABER and GOULD , Circuit Judges, and EZRA, * * District Judge.

Plaintiff Damon J. Claiborne appeals the district court’s grant of summary judgment in favor of the Secretary of the Army. The district court upheld the Army’s administrative determination to involuntarily separate Plaintiff just months

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The Honorable David A. Ezra, United States District Judge for the District of Hawaii, sitting by designation. 

# FILED

MAR 12 2020
MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2

before he qualifie d for retirement benefits

. On de novo review , Garris v. FBI , 937 F.3d 1284, 1291 (9th Cir. 2019), we affirm

. 1. The decision by the Army to discharge Plaintiff was not illegally retroactive. Plaintiff could have been discharged unde r preexisting regulat ions promulgated by the Army , such as Army Regulation 635

- 200 , because t hose regulations allow t he Army to change its mind about separation decisions

. Furthermore, a dismissal from the Army is not a criminal penalty , so double jeopardy principles are not at issue.

2. Plaintiff waived the argument that the new rule was facially void , as distinct from whether the new rule was being applied retroactively in an improper

way
. Plaintiff conceded the issue below , and the district court relied on that
concession

. The d istrict c ourt ruled that Plaintiff abandoned his claim that Army
Directive 2013

- 21 and ALARACT should be invalidated under the APA . The court did not err in concluding that this argument was waived.

3. The Army discharged Plaintiff for his conviction of child molestation , not for a generalized “proclivity” for sexual misbehavior. The Army Board for Correction of Military Records used the word “proclivity” once in its decision , but

a single appearance of th at word did not change the clear basis of the Army’s
decision. Furthermore, the Army’s real ground for discharging Plaintiff (his felony3

conviction) was supported by substantial evidence.

AFFIRMED
.
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

May 30, 2007 Clifford W. Taylor, Chief Justice
133153 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices

v SC: 133153 COA: 275523 Oakland CC: 06-207233-FH THERESA ESTELLE JOHNSON, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the February 1, 2006 order of the Court of Appeals is consider ed, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

l0521 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

May 30, 2007

Clerk
[Federal Register Volume 70, Number 200 (Tuesday, October 18, 2005)]
[Notices]
[Pages 60522-60523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20957]


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

FARM CREDIT ADMINISTRATION


Farm Credit Administration Board; Regular Meeting

AGENCY: Farm Credit Administration.

SUMMARY: Notice is hereby given, pursuant to the Government in the 
Sunshine Act (5 U.S.C. 552b(e)(3)), that the November 10, 2005 regular 
meeting of the Farm Credit Administration Board (Board) has been 
rescheduled. The regular meeting of the Board will be

[[Page 60523]]

held Tuesday, November 8, 2004 starting at 9 a.m. An agenda for this 
meeting will be published at a later date.

FOR FURTHER INFORMATION CONTACT: Jeanette C. Brinkley, Secretary to the 
Farm Credit Administration Board, (703) 883-4009, TTY (703) 883-4056.

ADDRESSES: Farm Credit Administration, 1501 Farm Credit Drive, McLean, 
Virginia 22102-5090.

    Dated: October 14, 2005.
Jeanette C. Brinkley,
Secretary, Farm Credit Administration Board.
[FR Doc. 05-20957 Filed 10-14-05; 3:59 pm]
BILLING CODE 6705-01-P
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 11**  **- 1**  **7 4**  **4**

LORENZO DOMINIC RICHARDSON , Plaintiff

- Appellant ,

v.

STATE OF NORTH CAROLINA , Defendant

- Appellee

.

Appeal from the United States District Court for the E astern District of North Carolina , at Raleigh

. James C. Dever , III, Chief District Judge. ( 5:11

- cv
- 000 81

- D )

Submitted : February 9 , 2012 Decided: December 13, 2012

Before WILKINSON, AGEE, and FLOYD , Circuit Judges.

Affirmed by un published per cu riam opinion

.

Lorenzo Dominic Richardson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Lorenzo Dominic Richardson appeals the district

court ’ s order accepting the recommendation of the magistrate
judg e and dismissing his 42 U.S.C. § 1983 (200 6 ) complaint under

28 U.S.C. § 1915(e)(2)(B) (200 6 ). We have reviewed the record
and find no reversible error. Accordingly, we affirm for the
reasons stated by the district court. Richardson v. North

Carolina , N o. 5:11

- cv
- 00081

- D (E.D.N.C. July 5, 2011) . We deny
Richardson’s motion for relief, and we dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would

not aid the decisi onal process.

AFFIRMED
[Federal Register Volume 70, Number 199 (Monday, October 17, 2005)]
[Notices]
[Page 60349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20716]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Decision To Evaluate a Petition To Designate a Class of Employees 
at the Ames Laboratory, on the Iowa State University Campus, Ames, IA, 
To Be Included in the Special Exposure Cohort

AGENCY: Centers for Disease Control and Prevention (CDC), Department of 
Health and Human Services (HHS).

ACTION: Notice.

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

SUMMARY: The Department of Health and Human Services (HHS) gives notice 
as required by 42 CFR 83.12(e) of a decision to evaluate a petition to 
designate a class of employees at the Ames Laboratory, on the Iowa 
State University Campus, Ames, Iowa, to be included in the Special 
Exposure Cohort under the Energy Employees Occupational Illness 
Compensation Program Act of 2000. The initial proposed definition for 
the class being evaluated, subject to revision as warranted by the 
evaluation, is as follows:

    Facility: Ames Laboratory, on the Iowa State University Campus, 
and/or AEC/DOE facilities, including Annex 1, the `old' women's 
gymnasium, `Little Ankeny', Chemistry Building, Wilhelm Hall.
    Location: Ames, Iowa.
    Job Titles and/or Job Duties: All scientists, production 
workers, technicians, salaried graduate students, physical plant 
workers, maintenance, administrative and support staff and 
subcontracted workers.
    Period of Employment: January 1, 1942 through December 31, 1955.

FOR FURTHER INFORMATION CONTACT: Larry Elliott, Director, Office of 
Compensation Analysis and Support, National Institute for Occupational 
Safety and Health, 4676 Columbia Parkway, MS C-46, Cincinnati, OH 
45226, Telephone 513-533-6800 (this is not a toll-free number). 
Information requests can also be submitted by e-mail to <a href="/cdn-cgi/l/email-protection#fcb3bfbdafbcbfb8bfd2bbb3aa"><span class="__cf_email__" data-cfemail="7c333f3d2f3c3f383f523b332a">[email protected]</span></a>.

    Dated: October 11, 2005.
John Howard,
Director, National Institute for Occupational Safety and Health, 
Centers for Disease Control and Prevention.
[FR Doc. 05-20716 Filed 10-14-05; 8:45 am]
BILLING CODE 4163-19-P


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</html>
**Exhibit
      32.2**




**SECTION
      1350 CERTIFICATION OF CHIEF EXECUTIVE OFFICER**




I,
      John
      Works, Chief Financial Officer of Rancher Energy Corp. (the Company), certify,
      that pursuant to Section 1350 of Chapter 63 of Title 18 of the United States
      Code:




(1)  The
      Company’s Quarterly Report on Form 10-Q for the quarterly period ended June 30,
      2008, as filed with the Securities and Exchange Commission on the date hereof
      (the Report) fully complies with the requirements of Section 13(a) or 15(d)
      of
      the Securities Exchange Act of 1934, as amended; and




(2)  Information
      contained in the Report fairly presents, in all material respects, the financial
      condition and results of operations of the Company as of the dates and for
      the
      periods expressed in the Report.




/s/
                John WorksJohn
                WorksChief
                Financial OfficerAugust
                14, 2008
[Federal Register Volume 70, Number 194 (Friday, October 7, 2005)]
[Notices]
[Page 58721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20249]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Mental Health; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the National 
Institute of Mental Health Special Emphasis Panel, October 20, 2005, 
8:30 a.m. to October 21, 2005, 3 p.m., Holiday Inn Select Bethesda, 
8120 Wisconsin Ave., Bethesda, MD, 20814 which was published in the 
Federal Register on September 9, 2005, 70 FR 53674-53675.
    The dates and times of the meeting are the same but the location 
has changed to the Marriott Bethesda Suites, 6711 Democracy Boulevard, 
Bethesda, MD. The meeting is closed to the public.

    Dated: September 30, 2005.
Anthony M. Coelho, Jr.,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 05-20249 Filed 10-6-05; 8:45 am]
BILLING CODE 4140-01-M
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

JUAN SOTO, DOC #Y29598, )

)

Appellant, )

)

v. ) Case No. 2D18-2435

)

STATE OF FLORIDA, )

)

Appellee. )

)

Opinion filed March 22, 2019.

Appeal pursuant to Fla. R. App. P. 

9.141(b)(2) from the Circuit Court for 

Lee County; Bruce E. Kyle, Judge.

PER CURIAM.

Affirmed. 

KHOUZAM, SALARIO, and ROTHSTEIN-YOUAKIM, JJ., Concur.
[Federal Register Volume 70, Number 202 (Thursday, October 20, 2005)]
[Notices]
[Page 61159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20998]


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

DEPARTMENT OF JUSTICE

[AAG/A Order No. 011-2005]


Privacy Act of 1974; Notice of the Removal of System of Records

    Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 
552a), the Department of Justice is removing a published Privacy Act 
system of records entitled ``Department of Justice (DOJ) Call Detail 
Records, Justice/JMD-012,'' last published in the Federal Register on 
September 27, 1996, at 61 FR 50870.
    This system of records notice is no longer necessary because DOJ 
authorized Bell Atlantic to terminate the Message Detail Recording on 
April 16, 1999. At the present time, a Verizon-owned computer processes 
telephone circuit usage for the Washington Area Switch Program (WASP 
II). That function (including long-distance calling) has been totally 
taken in-house by Verizon. The only way DOJ can have access to this 
information would be by a valid subpoena issued against Verizon. The 
DOJ records have been destroyed in accordance with the Retention and 
Disposal schedule provided in the Federal Register notice of September 
27, 1996.
    Therefore, the system of records entitled ``Department of Justice 
Call Detail Records, Justice/JMD-012'' is removed from the Department's 
compilation of Privacy Act systems of records effective on the date of 
publication of this notice in the Federal Register.

    Dated: October 6, 2005.
Paul R. Corts,
Assistant Attorney General for Administration.
[FR Doc. 05-20998 Filed 10-19-05; 8:45 am]
BILLING CODE 4410-FB-P
#### Vertrees MOSES et al., Plaintiffs-Appellees, v. WASHINGTON PARISH SCHOOL BOARD et al., DefendantsAppellants.

No. 71-2561.

United States Court of Apeals, Fifth Circuit.

March 8, 1972.

Rehearing Denied April 10, 1972.

Welton O. Seal, Seal, Lee & Branch, Bougalusa, La., W. W. Erwin, Dist. Atty., 22nd Judicial District, Franklin-ton, La., for defendants-appellants.

George M. Strickler, Jr., Stanley A. Halpin, Jr., Elie, Bronstein, Strickler & Dennis, New Orleans, La., for plaintiffs-appellees.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

BY THE COURT:

The issue presented for determination by the district court was whether the Franklinton Elementary School could assign students in a recently desegregated school to classrooms on the basis of standardized ability and achievement tests. Without determining the *per se*validity of the use of such tests and assignments, the district court, 330 F.Supp. 1340, found that the system as operated in the instant case tended to perpetuate segregated classrooms within the admittedly desegregated school. *See*Lemon v. Bossier Parish School Board, 5th Cir. 1971, 444 F.2d 1400. There is substantial evidence to support the district court’s judgment.

It is therefore ordered that the district court’s order of August 9, 1971 is affirmed.