alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Case 7:07-cv-03324-SCR Document 9-3 Filed 08/22/2007 Page 1 of 19
Case 7:07-cv-03324-SCR Document 9-3 Filed 08/22/2007 Page 2 of 19
Case 7:07-cv-03324-SCR Document 9-3 Filed 08/22/2007 Page 3 of 19
Case 7:07-cv-03324-SCR Document 9-3 Filed 08/22/2007 Page 4 of 19
Case 7:07-cv-03324-SCR Document 9-3 Filed 08/22/2007 Page 5 of 19
Case 7:07-cv-03324-SCR Document 9-3 Filed 08/22/2007 Page 6 of 19
Case 7:07-cv-03324-SCR Document 9-3 Filed 08/22/2007 Page 7 of 19
Case 7:07-cv-03324-SCR Document 9-3 Filed 08/22/2007 Page 8 of 19
Case 7:07-cv-03324-SCR Document 9-3 Filed 08/22/2007 Page 9 of 19
Case 7:07-cv-03324-SCR Document 9-3 Filed 08/22/2007 Page 10 of 19
Case 7:07-cv-03324-SCR Document 9-3 Filed 08/22/2007 Page 11 of 19
Case 7:07-cv-03324-SCR Document 9-3 Filed 08/22/2007 Page 12 of 19
Case 7:07-cv-03324-SCR Document 9-3 Filed 08/22/2007 Page 13 of 19
Case 7:07-cv-03324-SCR Document 9-3 Filed 08/22/2007 Page 14 of 19
Case 7:07-cv-03324-SCR Document 9-3 Filed 08/22/2007 Page 15 of 19
Case 7:07-cv-03324-SCR Document 9-3 Filed 08/22/2007 Page 16 of 19
Case 7:07-cv-03324-SCR Document 9-3 Filed 08/22/2007 Page 17 of 19
Case 7:07-cv-03324-SCR Document 9-3 Filed 08/22/2007 Page 18 of 19
Case 7:07-cv-03324-SCR Document 9-3 Filed 08/22/2007 Page 19 of 19
Exhibit 3.1
 
 KANSAS SECRETARY OF STATE
 DOMESTIC FOR PROFIT CORPORATION CERTIFICATE OF AMENDMENT
 
 
 All information must be completed or this document will not be accepted for filing.
 
 
 
 
 1.  Name of the corporation:
 
 Knight Inc.
 
 2.  The articles of incorporation are amended as follows:
 
 Article One of the Articles of Incorporation of the Corporation is hereby amended and restated to read in its entirely as follows:
 
 The name of the corporation (the “Corporation”) is Kinder Morgan, Inc.
 
 
 The amendment was duly adopted in accordance with the provisions of K.S.A. 17-6602.
 
 I declare under penalty of perjury under the laws of the state of Kansas that the foregoing is true and correct.
 
 Executed on the 15th day of July, 2009.
  
 /s/ Richard D. Kinder
 Authorized officer
EXHIBIT 23.0--CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS


         We consent to the  incorporation by reference on page 21 in this Annual
Report  (Form 10-K) of our report dated  February 28, 1997  included in the 1996
Annual Report to Shareholders of Inter-Tel, Incorporated.

         Our audit also included the financial  statement schedule of Inter-Tel,
Incorporated  listed in Item 14(a).  This schedule is the  responsibility of the
Company's management. Our responsibility is to express an opinion based upon our
audits. In our opinion, the financial statement schedule referred to above, when
considered  in  relation  to the basic  financial  statements  taken as a whole,
presents fairly in all material respects the information set forth therein.

         We also  consent to the  incorporation  by  reference  in  Registration
Statement  (Form  S-3  No.  33-58161),  Registration  Statement  (Form  S-3  No.
33-61437),  Registration  Statement (Form S-3 No.  333-01735),  ),  Registration
Statement  (Form  S-3  No.  333-12433),  Registration  Statement  (Form  S-8 No.
2-94805),  Registration  Statement (Form S-8 No. 33-40353),  and in Registration
Statement  (Form S-8 No.  33-73620) of our report dated February 28, 1997,  with
respect  to  the  consolidated  financial  statements   incorporated  herein  by
reference and our report included in the preceding paragraph with respect to the
financial  statement  schedule  included  in this Annual  Report  (Form 10-K) of
Inter-Tel, Incorporated.



Phoenix, Arizona                            /S/  ERNST & YOUNG LLP
March 21, 1997
                                       52
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#### WARDEN, NEVADA STATE PRISON, Appellant, v. HENRY E. SHUFF, Respondent.

No. 8361

November 4, 1975

541 P.2d 1105

*Robert List,*Attorney General, *D. Geno Menchetti,*Chief Deputy, and *David B. Small,*Deputy, Carson City, for Appellant.

*Horace R. Goff,*State Public Defender, and *Gary D. Arm-entrout,*Deputy, Carson City, for Respondent.

OPINION

*Per Curiam:*

Henry E. Shuff, convicted of murder in the second degree by a Clark County jury, was, on November 3, 1969, sentenced to a twenty (20) year term in the Nevada State Prison. His conviction was affirmed in Shuff v. State, 86 Nev. 736, 476 P.2d 22 (1970).

In March 1975, Shuff petitioned for habeas corpus (post-conviction) relief in the First Judicial District Court, Carson City, contending his conviction must be set aside because of *720an infirmity in the information upon which he was tried and convicted. The district judge, relying on our decision in Simpson v. District-Court, 88 Nev. 654, 503 P.2d 1225 (1972), voided Shuffs conviction because the information did not “specify the means by which the crime was committed.”

Effectiveness of the district judge’s order was deferred, if the state appealed, which it did.

Appellant contends the district judge’s reliance on *Simpson*was misplaced and we are, therefore, compelled to reverse. We agree.

In *Simpson*we ruled that “. . . when an accused proceeds to trial without challenging the indictment ... he should not be heard to complain if the indictment, with the Grand Jury transcript, gave notice of what later transpired at trial; . . .” 88 Nev. at 661, 503 P.2d at 1230. This language is equally applicable to an information and the transcript of a preliminary examination. Here, it appears from the record that Shuff had pulled a knife from his pocket and thrust it into the victim’s throat.

Since Shuff chose to go to trial without challenging the information and he neither raised the issue during trial nor on his appeal, he is proscribed from bringing the challenge at this late date. *Simpson, supra.*Cf. NRS 177.375(2).

Reversed.
EXHIBIT 31.2

                     CERTIFICATIONS PURSUANT TO SECTION 302
                        OF THE SARBANES-OXLEY ACT OF 2002

I, Edward Anchel, certify that:

1. I have reviewed this annual report on Form 10-K of Ocean Bio-Chem, Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact or omit to state a material fact
necessary to make the statements made, in light of the circumstances under which
such statements were made, not misleading with respect to the period covered by
this report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a) Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;

b) Evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period of this
report based on such evaluation; and

c) Disclosed in this report any change in the registrant's internal control over
financial reporting that occurred during the registrant's most recent fiscal
quarter that has materially affected, or is reasonably likely to materially
affect, the registrant's internal control over financial reporting;

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant's board of
directors:

a) All significant deficiencies and material weaknesses in the design or
operation of internal controls over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control over
financial reporting.

                                           /s/  Edward Anchel
                                           -----------------------
                                           Edward Anchel
Date: March 30, 2005                       Chief Financial Officer
#### INSURANCE CO. v. INGRAM, COMR. OF INSURANCE

No. 110 PC.

Case below: 25 N.C. App. 478.

Petition for writ of certiorari to North Carolina Court of Appeals allowed 6 June 1975.
EXHIBIT 32.1





CERTIFICATION UNDER SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I, Luke E. Fichthorn III, Chairman & Chief Executive Officer, certifiy that this annual report of Bairnco Corporation on form 10-K fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in this annual report of Bairnco Corporation on form 10-K fairly presents, in all material respects, the financial condition and results of operations of Bairnco Corporation for the year ended December 31, 2003.







/s/ Luke E. Fichthorn, III_

Luke E. Fichthorn, III

Chairman &

Chief Executive Officer



#
Exhibit 32.2**CERTIFICATION**I, Jeffrey S. Mathiesen, Vice President and Chief Financial Officer of Delphax Technologies Inc.(the Company), do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge: **•** the Annual Report on Form 10-K of the Company for the fiscal year ended September 30,2005, as filed with the Securities and Exchange Commission (the Report), fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  **•** the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.        Dated:     December 7, 2005 By:  /s/ Jeffrey S. Mathiesen    Jeffrey S. Mathiesen    Vice President and Chief Financial Officer
Case 2:05-cv-09559-VM-HBP Document 17 Filed 04/13/2006 Page 1 of 2
Case 2:05-cv-09559-VM-HBP Document 17 Filed 04/13/2006 Page 2 of 2
[Federal Register Volume 70, Number 212 (Thursday, November 3, 2005)]
[Notices]
[Pages 66887-66888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21958]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i> 10222 and <greek-i> 10223]


Florida Disaster Number FL-00011

AGENCY: Small Business Administration.

ACTION: Amendment 1.

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

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for the State of Florida (FEMA-1609-DR), dated 10/24/
2005.
    Incident: Hurricane Wilma.
    Incident Period: 10/23/2005 and continuing.
    Effective Date: 10/26/2005.
    Physical Loan Application Deadline Date: 12/23/2005.
    EIDL Loan Application Deadline Date: 07/24/2006.

ADDRESSES: Submit completed loan applications to: Small Business 
Administration, National Processing and Disbursement Center, 14925 
Kingsport Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, Suite 
6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: The notice of the Presidential disaster 
declaration for the State of Florida, dated 10/24/2005, is hereby 
amended to include the following areas as adversely affected by the 
disaster:
Primary Counties:
    Broward, Glades, Hendry, Miami-Dade, Martin, Palm Beach, and St. 
Lucie.
Contiguous Counties:
    Florida: De Soto, Highlands, Indian River, and Okeechobee.
    All other information in the original declaration remains 
unchanged.


[[Page 66888]]


(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)
Cheri L. Cannon,
Acting Associate Administrator for Disaster Assistance.
[FR Doc. 05-21958 Filed 11-2-05; 8:45 am]
BILLING CODE 8025-01-P
##### 



XANSER CORPORATION AND SUBSIDIARIES
  CERTIFICATION OF CHIEF EXECUTIVE OFFICER  PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Xanser Corporation;
 2.
    
    Based on my knowledge, this quarterly report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements made, in light
of the circumstances under which such statements were made, not misleading with respect to the
period covered by this quarterly report;
 3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this quarterly report, fairly present in all material respects the financial condition,
results of operations and cash flows of the registrant as of, and for, the periods presented
in this quarterly report;
 4.
    
    The registrants other certifying officers and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) for the registrant and have:
 a)
    
    designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that material
information relating to the registrant, including its consolidated subsidiaries, is
made known to us by others within those entities, and allows for timely decisions
regarding disclosure;b)
    
    [intentionally omitted pursuant to SEC Release No. 34-47986];c)
    
    evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this quarterly report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the period
cover by this quarterly report, based on such evaluation; andd)
    
    disclosed in this quarterly report any change in the registrants internal
control over financial reporting that occurred during the registrants most recent
fiscal quarter that has materially affected, or is reasonably likely to materially
affect, the registrants internal control over financial reporting; and
 5.
    
    The registrants other certifying officers and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):
 a)
    
    all significant deficiencies and material weaknesses in the design or operation
of internal control over financial reporting which are reasonably likely to adversely
affect the registrants ability to record, process, summarize and report financial
information; andb)
    
    any fraud, whether or not material, that involves management or other employees
who have a significant role in the registrants internal control over financial
reporting.
  /s/  JOHN R. BARNESJohn R. BarnesChairman of the Board and Chief Executive
Officer
Consolidated Ratio of Earnings to Combined Fixed Charges and Preferred Dividends
 2009
    
    
    2008
    
    
    2007
    
    
    2006
    
    
    2005(Loss) income before income tax
    
    $
    (544,187
    )
    
    $
    (322,082
    )
    
    $
    132,147
    
    
    $
    82,655
    
    
    $
    112,106Preferred stock dividend
    
    
    (13,875
    )
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    (Loss) income available to common shareholders, before income tax
    
    
    (558,062
    )
    
    
    (322,082
    )
    
    
    132,147
    
    
    
    82,655
    
    
    
    112,106Fixed charges:Interest on short-term borrowings
    
    
    227
    
    
    
    8,191
    
    
    
    34,700
    
    
    
    16,017
    
    
    
    25,929Interest on long-term debt
    
    
    91,286
    
    
    
    122,905
    
    
    
    133,838
    
    
    
    46,083
    
    
    
    36,417Estimated interest component of net rental expense
    
    
    1,832
    
    
    
    1,992
    
    
    
    2,258
    
    
    
    1,120
    
    
    
    1,196Preferred stock dividend requirements
    
    
    13,875
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    Combined fixed charges and preferred stock dividends, excluding interest on deposits
    
    
    107,220
    
    
    
    133,088
    
    
    
    170,796
    
    
    
    63,220
    
    
    
    63,542Interest on deposits
    
    
    159,798
    
    
    
    220,883
    
    
    
    257,194
    
    
    
    147,132
    
    
    
    85,154Combined fixed charges and preferred stock dividends, including interest on deposits
    
    $
    267,018
    
    
    $
    353,971
    
    
    $
    427,990
    
    
    $
    210,352
    
    
    $
    148,696Ratio of earnings to combined fixed charges and preferred stock dividend requirements:Excluding interest on deposits
    
    
    
    (1)
    
    
    
    (1)
    
    
    1.77
    
    
    
    2.31
    
    
    
    2.76Including interest on deposits
    
    
    
    (1)
    
    
    0.09
    (1)
    
    
    1.31
    
    
    
    1.39
    
    
    
    1.75
 (1)
    
    For the years ended December 31, 2009 and 2008, earnings were insufficient to cover fixed charges by $558.1 million and $332.1 million, respectively.
**Exhibit 23** 
**INDEPENDENT AUDITORS’ CONSENT**
We consent to the incorporation by reference in Registration Statement Nos.2-80037, 33-18081, 33-23793, 33-41485, 33-45479, 33-55825, 33-58851, 33-64345and 333-08141 of Sears, Roebuck and Co.; Registration Statement No. 333-92082of Sears, Roebuck and Co. and Sears Roebuck Acceptance Corp.; RegistrationStatement Nos. 33-64775, 333-18591, and 333-43309 of Sears, Roebuck and Co. andSears, Roebuck and Co. Deferred Compensation Plan; Registration Statement No.333-102114 of Sears, Roebuck and Co. and the Sears 401(K) Savings Plan(formerly, The Savings and Profit Sharing Fund of Sears Employees and the Sears401(K) Profit Sharing Plan) and Lands’ End, Inc. Retirement Plan; RegistrationStatement No. 333-38131 of Sears, Roebuck and Co. and the Sears Associate StockOwnership Plan; Registration Statement No. 333-52056 of Sears, Roebuck and Co.and the 2000 Employee Stock Plan; Registration Statement No. 333-72514 ofSears, Roebuck and Co. and the 2001 Broad-Based Stock Option Plan; andRegistration Statement No. 333-87942 of Sears, Roebuck and Co. and the 2002Non-Employee Director Stock Plan, of our report dated March 9, 2004 (whichreport expresses an unqualified opinion and includes an explanatory paragraphrelating to changes in accounting principles for goodwill in 2002 and methods of accounting for credit cardsecuritizations, derivative instruments and hedging activities in 2001) appearing in the Annual Report on Form 10-K of Sears,Roebuck and Co. for the year ended January 3, 2004.
/s/ Deloitte & Touche LLP
#### ORYCON CONTROL TECHNOLOGY, INC. and Salvatore Benenati, Plaintiffs-Appellants, v. YUDO, INC. and Yudo Co., Ltd., Defendants-Appellees.

No. 05-1125.

United States Court of Appeals, Federal Circuit.

DECIDED: March 4, 2005.

ORDER

The appellant having failed to file the brief required by Federal Circuit Rule 31(a) within the time permitted by the rules, it is

ORDERED that the notice of appeal be, and the same hereby is, DISMISSED, for failure to prosecute in accordance with the rules.