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



KREISLER MANUFACTURING CORPORATION

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of
Chapter 63 of Title 18 of the United States Code), I, Edward L. Stern, the undersigned officer of Kreisler Manufacturing Corporation (the Registrant), with respect to the Quarterly Report of the Registrant on Form 10-QSB for the period
ended September 30, 2003 (the Report) hereby certify 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
Registrant.



|/s/    Edward L. Stern, |  | Principal Executive Officer and
Principal Financial Officer |  | Date: November 11, 2003
|----------------------- |  | ----------------------------------------------------------- |  | -----------------------



The foregoing
certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code) and is not being filed as part of the Report or as a separate disclosure document.
#### BLAIR PETER HEIDMARK, Appellant, v. WARDEN, NEVADA STATE PRISON, Respondent.

No. 8119

September 29, 1975

540 P.2d 111

*595
      *Horace R. Goff,*State Public Defender, and *Michael R. Griffin,*Deputy, Carson City, for Appellant.

*Robert List,*Attorney General, Carson City; *George E. Holt,*District Attorney, and *H. Leon Simon,*Deputy, Clark County, for Respondent.

OPINION

*Per Curiam:*

Blair Peter Heidmark, after pleading guilty to a felony charge of burglary (NRS 205.060), was sentenced, in January 1974, to a five year term in the Nevada State Prison.

On December 24, 1974, Heidmark filed an in *pro per*petition for post-conviction relief contending, *inter alia,*that (1) at sentencing the trial judge relied on false and erroneous information contained in the presentence report; (2) the report was not divulged to petitioner or his counsel prior to or at the time of the imposition of the sentence; and, (3) he had no opportunity to refute or deny the false information contained in the report.

The district court, without conducting an evidentiary hearing, summarily denied the petition January 2, 1975. In this appeal Heidmark contends the lower court’s refusal to afford him an evidentiary hearing constitutes reversible error. In the factual pattern presented, we are constrained to agree.

The district court order denying relief was premature. NRS 176.156(1) provides in part, that the sentencing “court *shall disclose*to the district attorney and *to counsel for the defendant, ... the factual content of the report of the presentence investigation . . . and afford an opportunity to each party to comment thereon.”*[Emphasis added.]

*596The allegations contained in Heidmark’s petition, and the exhibit attached thereto, are not refuted in the record and, if true, may well entitle him to relief. United States v. Tucker, 404 U.S. 443 (1972). Cf. Vaillancourt v. Warden, 90 Nev. 431, 529 P.2d 204 (1974). See also, Boswell v. Warden, 91 Nev. 284, 534 P.2d 1263 (1975); Garcia v. Warden, 91 Nev. 492, 538 P.2d 160 (1975).

Under these circumstances we reverse and remand with instructions to resolve Heidmark’s allegations in light of the trial court’s transcripts, and in light of such other evidence as either party may adduce upon evidentiary hearing. See NRS 177.365(1) and (2).
Exhibit 99.10

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS
ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the
annual report on Form 40-F of Southwestern Resources Corp. for the year ended
December 31, 2004, as filed with the Securities and Exchange Commission, I
hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

1. The annual report
fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, as amended; and

2. The information
contained in the annual report fairly presents, in all material respects, the
financial condition and results of operations of the registrant.

Date: March 28, 2005

/s/ Parkash K.
AthwalParkash K. AthwalVice President, Finance and Chief
Financial Officer

A signed original of
this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement required
by Section 906, has been provided to the registrant and will be retained by the
registrant and furnished to the Securities and Exchange Commission or its staff
upon request.

SWG
Form 40-F 2004
#### STATE v. PEACOCK

No. 200 PC.

Case below: 33 N.C. App. 637.

Petition by defendant for discretionary review under G.S. 7A-31 denied 23 August 1977. Appeal dismissed ex mero motu for lack of substantial constitutional question 23 August 1977.
#### STATE v. BLACK

No. 185 PC.

Case below: 36 N.C. App. 651.

Petition by defendant for discretionary review under G.S. 7A-31 denied 29 August 1978. Motion of Attorney General to dismiss appeal for lack of substantial constitutional question allowed 29 August 1978.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS INCLUDED IN THE QUARTERLY REPORT ON FORM 10-QSB FOR
PRIMEENERGY CORPORATION AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS
</LEGEND>
<CIK> 0000056868
<NAME> PRIMEENERGY CORPORATION
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                       2,454,000
<SECURITIES>                                         0
<RECEIVABLES>                                3,799,000
<ALLOWANCES>                                    46,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                             9,623,000
<PP&E>                                      38,799,000
<DEPRECIATION>                              20,166,000
<TOTAL-ASSETS>                              29,172,000
<CURRENT-LIABILITIES>                        6,071,000
<BONDS>                                     15,847,000<F1>
<COMMON>                                       760,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                   5,398,000<F2>
<TOTAL-LIABILITY-AND-EQUITY>                29,172,000
<SALES>                                              0
<TOTAL-REVENUES>                            15,886,000
<CGS>                                                0
<TOTAL-COSTS>                               14,921,000<F3>
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             682,000
<INCOME-PRETAX>                                438,000
<INCOME-TAX>                                    44,000
<INCOME-CONTINUING>                            394,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   394,000
<EPS-PRIMARY>                                     0.07
<EPS-DILUTED>                                     0.07
<FN>
<F1>INCLUDES $80,000 CURRENT PORTION OF LONG-TERM DEBT
<F2>INCLUDES $598,000 ACCUMULATED DEFICIT AND $4,892,000 TREASURY STOCK
<F3>DOES NOT INCLUDE INTEREST EXPENSE WHICH IS INCLUDED IN TOTAL EXPENSES ON THE
STATEMENT OF OPERATIONS
</FN>
        

</TABLE>
#### STATE OF NORTH CAROLINA v. HERMAN LEROY RIDDICK, JR.

No. 29 PC

ORDER DENYING MOTION FOR RECONSIDERATION

INASMUCH as defendant did not assign as error on appeal the failure of the trial judge to place the burden of proving the absence of heat of passion or the absence of self-defense on the state, *see State v. Riddick,*291 N.C. 399 (1976), he has waived his right now to complain about such errors. *Hankerson v. North Carolina,*--- U.S. ---, 53 L.Ed. 2d 306, 316, n. 8 (1977). Now, therefore, it is

ORDERED by the Court in Conference that defendant’s motion for reconsideration be and it is hereby denied.

This the 12th day of September, 1977.

James G. Exum, Jr. Associate Justice

For the Court
#### CROSS v. BECKWITH

No. 38 PC.

Case below: 30 N.C. App. 259.

Petition by plaintiff for discretionary review under. G.S. 7A-31 allowed 5 October 1976.
II 

116TH CONGRESS 

1ST SESSION S. 1677 

To amend the Internal Revenue Code of 1986 to provide authority to postpone 

certain deadlines by reason of State declared disasters or emergencies. 

IN THE SENATE OF THE UNITED STATES 

MAY 23 (legislative day, MAY 22), 2019 

Mr. PERDUE (for himself and Ms. CORTEZ MASTO) introduced the following 

bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to provide 

authority to postpone certain deadlines by reason of 

State declared disasters or emergencies. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Filing Relief for Nat5 ural Disasters Act’’. 

6 SEC. 2. AUTHORITY TO POSTPONE FEDERAL TAX DEAD7 LINES BY REASON OF STATE-DECLARED DIS8 ASTERS. 

9 (a) IN GENERAL.—Section 7508A of the Internal 

10 Revenue Code of 1986 is amended by redesignating subVerDate Sep 11 2014 06:07 Jun 01, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1677.IS S1677

kjohnson on DSK79L0C42 with BILLS
2 

•S 1677 IS

1 section (c) as subsection (d) and by inserting after sub2 section (b) the following new subsection: 

3 ‘‘(c) SPECIAL RULE FOR STATE-DECLARED DISAS4 TERS.— 

5 ‘‘(1) IN GENERAL.—Upon the request of the 

6 Governor of a State (or the Mayor, in the case of 

7 the District of Columbia) in which an emergency or 

8 disaster has been declared under State law, sub9 section (a) shall apply to such State-declared emer10 gency or disaster in the same manner as such sub11 sections apply to federally declared disasters. 

12 ‘‘(2) STATE.—For purposes of this section, the 

13 term ‘State’ includes the District of Columbia, the 

14 Commonwealth of Puerto Rico, the Virgin Islands, 

15 Guam, American Samoa, and the Commonwealth of 

16 the Northern Mariana Islands.’’. 

17 (b) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply to declarations made after the date 

19 of the enactment of this Act. 

Æ 


kjohnson on DSK79L0C42 with BILLS
#### STATE v. CORDON

No. 100 PC.

Case below: 21 N.C. App. 394.

Petition for writ of certiorari to North Carolina Court of Appeals denied 1 July 1974.
II 

116TH CONGRESS 

1ST SESSION S. 1655 

To provide for the carriage of certain television broadcast stations, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 23 (legislative day, MAY 22), 2019 

Mr. MARKEY (for himself and Ms. WARREN) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To provide for the carriage of certain television broadcast 

stations, and for other purposes. 

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

3 SECTION 1. CARRIAGE OF TELEVISION BROADCAST STA4 TIONS. 

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, a cable operator may transmit to subscribers 

7 in Berkshire County, Massachusetts, in the designated 

8 market area of Albany, New York (in this section referred 

9 to as the ‘‘Albany designated market area’’), any television 

10 broadcast station that— 


kjohnson on DSK79L0C42 with BILLS
2 

•S 1655 IS

1 (1) was retransmitted to subscribers located in 

2 Berkshire County in the Albany designated market 

3 area on December 1, 2016; and 

4 (2) as of the date of enactment of this Act, is 

5 not retransmitted to all subscribers in Berkshire 

6 County in the Albany designated market area. 

7 (b) NEGOTIATIONS.—A cable operator that engages 

8 in the retransmission described in subsection (a) shall en9 gage in good faith negotiations within the meaning of sec10 tion 76.65 of title 47, Code of Federal Regulations, or any 

11 successor thereto, with a television broadcast station re12 garding the terms of such retransmission. 

13 (c) NONDUPLICATION.—Any television broadcast sta14 tion licensed to a community within the Albany designated 

15 market area may assert network nonduplication or syn16 dicated exclusivity protections against any cable system in 

17 any cable community located in Berkshire County, Massa18 chusetts. 

19 (d) RULES OF CONSTRUCTION.—Nothing in this Act 

20 shall be construed— 

21 (1) to alter any contract provided under section 

22 325 of the Communications Act of 1934 (47 U.S.C. 

23 325); or 

24 (2) to affect the applicability of any other com25 munications or copyright law related to the retransVerDate Sep 11 2014 04:37 Jun 01, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1655.IS S1655

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3 

•S 1655 IS

1 mission of a television broadcast station by a cable 

2 operator. 

Æ 


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exv4w38






EXHIBIT 4.38




Second Amendment 

To The

Savings & Profit Sharing Plan for Employees of

First Interstate BancSystem, Inc.




     1. Recitals. Section 16.1 of the Savings & Profit Sharing Plan for Employees of First
Interstate BancSystem, Inc. (the “Plan”) gives First Interstate BancSystem, Inc., as the Plan
Sponsor, the right to amend the Plan at any time. The Board of Directors of the Plan Sponsor
delegated authority to the FIBS Benefits Committee (the “Committee”) to take any action with
respect to the Plan to the extent that such action does not result in additional funding
obligations for the Plan Sponsor. The Committee hereby amends the Plan to change the maximum
investment in stock.



     2. Amendment of Plan. The following Amendment to the Plan is adopted effective July
17, 2009, which is the date the Committee met and approved the amendment to the Plan.




	 	(A)	 	Subparagraph (d) of Section 10.2 shall be amended to read in its entirety as follows:






	 	(d)	 	Maximum Investment in Stock Fund. Effective as of July 17,
2009, the maximum investment in the Stock Fund by each Participant shall, at
the time of the Participant’s election, in no event exceed 10% of the
Participant’s Account balance. Participants who are invested in the Stock Fund
in excess of the 10% maximum limit as of July 17, 2009, may continue to hold
the amount of Stock in excess of the 10% maximum after July 17, 2009, but shall
not be eligible to purchase additional shares of Stock unless and until their
investment in the Stock Fund is less than 10%.






	 	(B)	 	Subparagraph (e) of Section 10.2 shall be amended to read in its entirety as follows:






	 	(e)	 	Participant Election. If available, eligible Participants may
purchase Stock by electing to transfer assets from other Investment Funds to
the Stock Fund. The effective date of any Stock purchases and the process and
timing for such purchases shall be in accordance with uniform procedures
established by the Administrator.





     3. Other Provisions. All other provisions of the Plan shall remain unamended and in
full force.



     4. Authorized to Sign. The Committee has delegated authority to Ramona Doll, a member
of the Committee, to execute any and all amendments approved by the Committee.



	 	 	 	 	 
	 	 	 
	 	By:  	                                              /s/ RAMONA DOLL
 	 
	 	 	Ramona Doll 	 
	 
	 	Date: August 13, 2009 	 
	 



			
	 	 	 
	 
	Second Amendment to the Savings & Profit Sharing Plan for Employees of First Interstate BancSystem, Inc.
	 	1
	Prepared by Holland & Hart LLP
	 	7/2009
Case 1:06-cv-15133-AKH Document 4 Filed 12/08/2006 Page 1 of 1
#### PUBLIC SERVICE CO. v. KISER

No. 5 PC.

Case below: 9 N.C. App. 202.

Petition for writ of *certiorari*to North Carolina Court of Appeals denied 5 October 1970.
#### JONES v. DEVELOPMENT CO.

No. 55 PC.

Case below: 16 N.C. App. 80.

Petition for writ of certiorari to North Carolina Court of Appeals denied 8 November 1972.
#### INDUSTRIES, INC. v. CONSTRUCTION CO.

No. 166 PC.

Case below: 29 N.C. App. 270.

Petition by plaintiff for discretionary review under G.S. 7A-31 denied 14 July 1976.
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```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 540 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 540

   To amend the Richard B. Russell National School Lunch Act to make 
  permanent the summer food service pilot project for rural areas of 
        Pennsylvania and apply it to rural areas of every State.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 14, 2009

  Mr. Platts introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL

 
   To amend the Richard B. Russell National School Lunch Act to make 
  permanent the summer food service pilot project for rural areas of 
        Pennsylvania and apply it to rural areas of every State.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Summer Food Service Rural Expansion 
Act''.

SEC. 2. SUMMER FOOD SERVICE PILOT PROGRAM FOR RURAL AREAS OF 
              PENNSYLVANIA MADE PERMANENT AND APPLIED TO RURAL AREAS OF 
              EVERY STATE.

    Section 13(a)(9) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1761(a)(9)) is amended--
            (1) in the paragraph heading by striking ``Exemption'' and 
        inserting ``Applicability to rural areas''; and
            (2) in subparagraph (A) by striking ``For each of calendar 
        years 2005 and 2006 in rural areas of the State of 
        Pennsylvania'' and inserting ``For calendar year 2009 and each 
        calendar year thereafter, in rural areas of a State''.
                                 <all>
```