alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE COURT OF APPEALS OF IOWA

No. 15-0986

Filed May 11, 2016

STATE OF IOWA,

Plaintiff-Appellee,

vs.

DEWAYNE CURTIS VESEY,

Defendant-Appellant.

________________________________________________________________

Appeal from the Iowa District Court for Scott County, Mark R. Fowler, 

District Associate Judge.

Dewayne Vesey appeals the district court’s denial of his motion to 

suppress and his subsequent conviction and sentence for possession of 

marijuana. AFFIRMED. 

Courtney T. Wilson of Gomez May, L.L.P., Davenport, for appellant.

Thomas J. Miller, Attorney General, and Jean C. Pettinger, Assistant 

Attorney General, for appellee.

Considered by Potterfield, P.J., and Mullins and McDonald, JJ.
2

MULLINS, Judge.

Affirmed without opinion pursuant to Iowa Rule of Appellate Procedure 

6.1203(a), (d).

AFFIRMED.
Exhibit 13.1  Section 906
Certificate, Chief Executive Officer



CHIEF EXECUTIVE
OFFICER

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 Annual Report of TM Group Holdings PLC (the
Company) on Form 20-F for the fiscal year ended November 29, 2003, as filed with the Securities and Exchange Commission on the date hereof (the Annual Report), I, James Lancaster, Chief Executive Officer of the Company,
certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:



|(1) | The Annual 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 Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------------



|       |  |  |  |                        
|------ |  |  |  | -----------------------
|       |  | 
|By:    |  |  |  | /s/    JAMES LANCASTER 
|       |  | 
|Name:  |  |  |  | James Lancaster        
|Title: |  |  |  | Chief Executive Officer



Date: March 26, 2004
EXHIBIT 32.1



CERTIFICATION OF CEO AND CFO PURSUANT TO

18 U.S.C. § 1350,

AS ADOPTED PURSUANT TO

§ 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Annual Report on Form 10-K of Private Media Group, Inc. (the Company) for the annual period ending December 31, 2004 as
filed with the Securities and Exchange Commission on the date hereof (the Report), Berth Milton, President and Chief Executive Officer of the Company, and Johan Gillborg, Vice President, Chief Financial Officer and Chief Accounting
Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge, that:



(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.



|                       
|-----------------------
|/s/ Berth Milton       
|Berth Milton           
|Chief Executive Officer



March 30, 2005



|                       
|-----------------------
|/s/ Johan Gillborg     
|Johan Gillborg         
|Chief Financial Officer



March 30, 2005



This certification accompanies this Report pursuant to § 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of § 18 of the Securities Exchange Act of 1934, as amended.
**Exhibit 32.2****CFO CERTIFICATION**     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 USC §1350, as adopted), JeffreyT. Soukup, the Chief Financial Officer of PlanetOut Inc. (the “Company”), hereby certifies that, tothe best of his knowledge:**1.**The Company’s Quarterly Report on Form 10-Q for the period ended September 30, 2005, and towhich this Certification is attached as Exhibit 32.2 fully complies with the requirements ofSection 13(a) or Section 15(d) of the Securities Exchange Act of 1934, and**2.**The information contained in the Quarterly Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company for the periods presented therein.     **InWitness Whereof,**the undersigned has set his hand hereto as ofthe 11thday of November 2005.                                                   /s/ Jeffrey T. Soukup   Jeffrey T. Soukup   Chief Financial Officer   The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is notbeing filed as part of this report. A signed original of this written statement required by Section906 has been provided to PlanetOut Inc. and will be retained by PlanetOut Inc. and furnished to theSecurities and Exchange Commission or its staff upon request.
Page 37
I 

111TH CONGRESS 

2D SESSION H. R. 5128 

To designate the Department of the Interior Building in Washington, District 

of Columbia, as the ‘‘Stewart Lee Udall Department of the Interior Building’’. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 22, 2010 

Mr. HEINRICH (for himself, Mr. LUJA ́N, Mr. TEAGUE, Mr. GRIJALVA, Ms. 

GIFFORDS, Mrs. KIRKPATRICK of Arizona, Mr. MITCHELL, and Mr. PASTOR of Arizona) introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To designate the Department of the Interior Building in 

Washington, District of Columbia, as the ‘‘Stewart Lee 

Udall Department of the Interior Building’’. 

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

3 SECTION 1. DESIGNATION OF THE STEWART LEE UDALL 

4 DEPARTMENT OF THE INTERIOR BUILDING. 

5 The Department of the Interior Building located at 

6 1849 C Street, Northwest, in Washington, District of Co7 lumbia, shall be known and designated as the ‘‘Stewart 

8 Lee Udall Department of the Interior Building’’. 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 5128 IH

1 SEC. 2. REFERENCES TO THE BUILDING. 

2 Any reference in a law, map, regulation, document, 

3 record, or other paper of the United States to the building 

4 described in section 1 shall be considered to be a reference 

5 to the ‘‘Stewart Lee Udall Department of the Interior 

6 Building’’. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
Exhibit 32.1



CERTIFICATION PURSUANT TO SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,

AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned, as Chief Executive Officer of Norcraft Holdings, L.P. and Norcraft Companies, L.P. (together, the Company), does hereby certify that to the undersigneds knowledge:



1) the Companys Quarterly Report on Form 10-Q/A for the period ending
September 30, 2004 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 Companys Quarterly Report on Form 10-Q/A for the period ending September 30, 2004 fairly presents, in all
material respects, the financial condition and results of operations of the Company.



|                         |  |                                      
|------------------------ |  | -------------------------------------
|Date: September 20, 2005 |  | /s/ Mark Buller                      
|                         |  | Mark Buller  Chief Executive Officer



A signed original of this written
statement, required by Section 906, has been provided to Norcraft Holdings, L.P. and Norcraft Companies, L.P. and will be retained by Norcraft Holdings, L.P. and Norcraft Companies, L.P. and furnished to the Securities and Exchange Commission or its
staff upon request.
[Federal Register Volume 70, Number 200 (Tuesday, October 18, 2005)]
[Notices]
[Pages 60559-60560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20798]


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

INTERNATIONAL TRADE COMMISSION

[Inv. No. 731-TA-663 (Second Review)]


Explanation of Commission Determination on Adequacy in Paper 
Clips From China

    On October 4, 2005, the Commission unanimously determined that it 
should proceed to an expedited review in the subject five-year review 
pursuant to section 751(c)(3)(B) of the Tariff Act of 1930, as amended, 
19 U.S.C. 1675(c)(3)(B).
    The Commission determined that the domestic interested party group 
response to the notice of institution was adequate. The Commission 
received responses to the notice of institution from two domestic 
producers, ACCO Brands USA LLC and Officemate International 
Corporation. Because the Commission received adequate responses from 
two producers representing the overwhelming majority of domestic 
production, the Commission determined that the domestic interested 
party group response was adequate.
    The Commission did not receive a response from any respondent 
interested party, and therefore determined that the respondent 
interested party group response to the notice of institution was 
inadequate. In the absence of an adequate respondent interested party 
group response, and any other circumstances that it deemed warranted 
proceeding to a full review, the Commission determined to conduct an 
expedited review. A record of the Commissioners' votes is available 
from the Office of the Secretary and the Commission's Web site (http://www.usitc.gov).

    By order of the Commission.


[[Page 60560]]


    Issued: October 12, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-20798 Filed 10-17-05; 8:45 am]
BILLING CODE 7020-02-P
#### RANCO INDUSTRIAL CORPORATION v. PATELOS DOOR CORPORATION and S. N. PATELOS

No. 728DC810

(Filed 20 December 1972)

Sales § 13— misrepresentation in sale of goods — award of damages proper Plaintiff was not prejudiced by the fact that the trial court may have applied an inappropriate measure of damages where the amount awarded defendants on their counterclaim for misrepresentation in the sale of goods was no more than they were entitled to, as a matter of law, under the court’s findings of fact.

Appeal by plaintiff from *Nowell, District Judge,*17 July 1972 Session of District Court held in Wayne County.

Plaintiff instituted this action for the claim and delivery of a roof spray kit that was in defendants’ possession. The kit was loaned to defendants by plaintiff to use in applying a roof spray sold to defendants by plaintiff for the price of $407.00. Defendants filed a counterclaim, and offered evidence tending to show that the spray preparation was misrepresented by plaintiff, that it was unfit for the particular use for which it was sold, and that after one-third of the amount purchased had been applied to defendants’ roof, it had to be removed at a cost to defendants of $150.00.

The court allowed plaintiff’s motion for summary judgment on the question of its right to the possession of the spray kit and ordered defendants to deliver possession of the kit forthwith to plaintiff. Sitting without a jury, the court then heard evidence relating to defendants’ counterclaim, and after making findings of fact and conclusions of law consistent with the evidence, entered judgment ordering defendants to return to plaintiff the unused portion of the spray and awarding judgment to defendants in the sum of $271.30, being the amount defendants paid for the portion of the spray which they were ordered to return. Plaintiff appeals from this judgment.

*Turner and Harrison by Fred W. Harrison for plaintiff appellant.*

*Baddour and Lancaster by Philip A. Baddour, Jr., for defendant appellees.*

*156GRAHAM, Judge.

Plaintiff’s assignments of error to the admission of testimony by the individual defendant as to the representations made by plaintiff’s agent when the spray was purchased are overruled.

The findings of fact made by the trial judge are supported by the evidence and must be sustained. The $271.30 awarded defendants is no more than they were entitled to, as a matter of law, under the court’s findings of fact. Under these circumstances, plaintiff was not prejudiced by the fact the court may have applied an inappropriate measure of damages. *Cf. Motors, Inc. v. Allen,*11 N.C. App. 381, 181 S.E. 2d 134.

No error.

Judges Hedrick and Vaughn concur.
INVERNESS MEDICAL INNOVATIONS, INC









Exhibit

10.9




 




INVERNESS

MEDICAL INNOVATIONS, INC.




 




2001

EMPLOYEE STOCK PURCHASE PLAN




 




First

Amendment




 




The Inverness Medical Innovations, Inc. 2001 Employee Stock Purchase

Plan shall be amended as follows, effective as of the date hereof:




 




1.                                         Delete the phrase “or overlap any other

Offering.” from the last sentence of Section 2, Offerings.




 




2.                                         Delete the first full sentence of Section

4, Participation, and insert in its place the following:




 




An

employee eligible on any Offering Date, who is not, as of such date,

participating in another Offering of the Company, may participate in such

Offering by submitting an enrollment form to his appropriate payroll location

at least 10 business days before the Offering Date (or by such other deadline

as shall be established for the Offering).




 




3.                                         To designate Unipath Diagnostics, Inc. as

a Designate Subsidiary under the Plan.




 




4.             Except as herein

amended, the provisions of the Plan shall remain in full force and effect.




 




 




 




 




 




APPROVED BY THE BOARD OF DIRECTORS: 

February 6, 2002
<PAGE>

                                                                   EXHIBIT 23.2

                      CONSENT OF INDEPENDENT ACCOUNTANTS

   We hereby consent to the incorporation by reference in the Registration
Statement on (i) Form S-3 (SEC File No. 333-37122), (ii) Form S-3 (SEC File No.
333-95291), (iii) Form S-4 (SEC File No. 333-91463), (iv) Form S-8 (SEC File
No. 333-70145), (v) Form S-8 (SEC File No. 333-79331), (vi) Form S-8 (SEC File
No. 333-95505) and (vii) Form S-8 (SEC File No. 333-81684) of Dice Inc.
(formerly known as EarthWeb Inc.) of our report dated February 7, 2001 relating
to the consolidated financial statements and financial statement schedule,
which appear in this Form 10-K.

                                        /S/  PRICEWATERHOUSECOOPERS LLP

New York, New York
March 28, 2002
<PAGE>
                                                                 EXHIBIT 10.10.1


                DESCRIPTION OF THE REINSURANCE AGREEMENT FOR 2002
                      BETWEEN ACIC AND GENERAL REINSURANCE
                      CORPORATION EFFECTIVE JANUARY 1, 2002

The Company, on behalf of American Compensation Insurance Company (ACIC), its
wholly owned subsidiary, renegotiated its excess of loss coverage with General
Reinsurance Corporation (the Reinsurer) for the fiscal year beginning January 1,
2002. The following summarizes the significant terms of the reinsurance
agreement between the companies.

LIABILITY OF THE REINSURER

(a)  Under Cover A of the Agreement, the Reinsurer shall pay to ACIC, with
     respect to Workers' Compensation and Employers' Liability Business, the
     amount of Net Loss each Occurrence, in excess of ACIC's retention, but not
     exceeding the Limits of Liability of the Reinsurer as follows:

     ACIC's Retention is $300,000.

     The Limits of Liability of the Reinsurer shall be for the:

     1.   First Excess Cover, $700,000 excess of $300,000

     2.   Second Excess Cover, $9,000,000 excess of $1,000,000

     3. Third Excess Cover, $10,000,000 excess of $10,000,000

(b)  Under Cover B of the Agreement, the Reinsurer shall pay to ACIC, with
     respect to non-sudden and accidental occupational disease, the amount of
     Net Loss each Occurrence which is first reported by ACIC to the Reinsurer
     while the agreement is in effect in excess of ACIC's Retention of $300,000,
     but not exceeding the Limit of liability of the Reinsurer $19,700,000.
     Further, the liability of the Reinsurer shall not exceed $19,700,000 with
     respect to all Occurrences first reported by ACIC to the Reinsurer during
     the entire term of the Agreement.

COMMENCEMENT AND TERMINATION

Cover A of the Agreement shall apply to new and renewal policies of ACIC
becoming effective at and after 12:01 A.M., January 1, 2002, and to policies in
force at 12:01 A.M., January 1, 2002, with respect to losses resulting from
Occurrences taking place at or after the aforesaid time and date.

Cover B of the Agreement shall apply to losses resulting from Occurrences which
are first reported by ACIC to the Reinsurer at and after 12:01 A.M., January 1,
2002, and prior to 12:01 A.M., January 1, 2003, with respect to occupational
disease suffered by employees, provided each employee's last day of last
exposure to the conditions causing or aggravating such occupation disease occurs
at or after 12:01 A.M., January 1, 1997.

Either party may terminate this Agreement at any December 31st by sending to the
other, by registered mail to its principal office, not less than 90 days prior
written notice.

REINSURANCE PREMIUM

ACIC agreed to pay the reinsurer, based on premiums earned and for each Excess
Cover, reinsurance premiums that increase on each of January 1, 2002, April 1,
2002 and July 1, 2002. These rates ar in excess of the rates that we paid in
2001.
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.                  

###### Department of the Interior

###### Bureau of Land Management

          - [ES-960-1910-BJ-4789; ES-053739, Group No. 42, Illinois]

# AGENCY:

Bureau of Land Management, Interior.

# ACTION:

Notice of filing of plat of survey; Illinois.

# SUMMARY:

                        The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM-Eastern States, Springfield, Virginia, 30 calendar days from the date of publication in the                         **Federal Register**                        .                    

# FOR FURTHER INFORMATION CONTACT:

Bureau of Land Management, 7450 Boston Boulevard, Springfield, Virginia 22153. Attn: Cadastral Survey.

# SUPPLEMENTARY INFORMATION:

This survey was requested by the U.S. Army Corps of Engineers.

The lands we surveyed are:

## Fourth Principal Meridian, Illinois

T. 9 S., R. 3 W. 

The plat of survey represents the dependent resurvey of a portion of the north boundary, a portion of the subdivisional lines and the survey of the Lock and Dam No. 25 acquisition boundary on two accreted islands in the Mississippi River in Township 9 South, Range 3 West, of the Fourth Principal Meridian, in the State of Illinois, and was accepted on September 28, 2005.

We will place a copy of the plat we described in the open files. It will be made available to the public as a matter of information.

Dated: September 28, 2005.

Stephen D. Douglas,

Chief Cadastral Surveyor.

[FR Doc. 05-20172 Filed 10-6-05; 8:45 am]

BILLING CODE 4310-GJ-P
Exhibit 21.1

PROSPERITY BANCSHARES, INC.

LIST OF SUBSIDIARIES



|                                              |  |                              |  |                                     
|--------------------------------------------- |  | ---------------------------- |  | ------------------------------------
|Direct Subsidiaries                           |  | Jurisdiction ofOrganization  |  | Parent Entity                       
|Prosperity Holdings of Delaware, LLC          |  | Delaware                     |  | Prosperity Bancshares, Inc.         
|Prosperity Interim Corporation                |  | Texas                        |  | Prosperity Bancshares, Inc.         
|Prosperity Statutory Trust II                 |  | Connecticut                  |  | Prosperity Bancshares, Inc.         
|Prosperity Statutory Trust III                |  | Connecticut                  |  | Prosperity Bancshares, Inc.         
|Prosperity Statutory Trust IV                 |  | Connecticut                  |  | Prosperity Bancshares, Inc.         
|SNB Capital Trust IV                          |  | Connecticut                  |  | Prosperity Bancshares, Inc.         
|TXUI Statutory Trust I                        |  | Connecticut                  |  | Prosperity Bancshares, Inc.         
|TXUI Statutory Trust II                       |  | Delaware                     |  | Prosperity Bancshares, Inc.         
|TXUI Statutory Trust III                      |  | Connecticut                  |  | Prosperity Bancshares, Inc.         
|TXUI Statutory Trust IV                       |  | Delaware                     |  | Prosperity Bancshares, Inc.         
|                                              |  |                             
|Indirect Subsidiaries                         |  | Jurisdiction of Organization |  | Parent Entity                       
|                                              |  |                             
|First National Bryan Security Company, L.L.C. |  | Texas                        |  | Prosperity Bank                     
|GNB Leasing Co.                               |  | Texas                        |  | Prosperity Bank                     
|MainCorp Leasing Co.                          |  | Texas                        |  | Prosperity Bank                     
|Prosperity Bank                               |  | Texas                        |  | Prosperity Holdings of Delaware, LLC
**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**




In
      connection with the quarterly report of Otelco Inc. (the “Company”) on Form 10-Q
      for the period ended March 31, 2007 as filed with the Securities and Exchange
      Commission on the date hereof (the “Report”), I, Curtis L. Garner, Jr., Chief
      Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350,
      as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
      to my
      knowledge:




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




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








/s/
      Curtis L. Garner,
      Jr.


Curtis
      L.
      Garner, Jr.


Chief
      Financial Officer


May
      9,
      2007