alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 31.2**CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002I, Ernest A. Bates, M.D., certify that:1. I have reviewed this quarterly report on Form 10-Q of American Shared Hospital Services;2. Based on my knowledge, this quarterly report does not contain any untrue statement of a materialfact or 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 of operationsand cash flows of the registrant as of, and for, the periods presented in this report;4. The registrant’s other certifying officers 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 disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is being prepared; andb) [Paragraph omitted pursuant to SEC Release Nos. 33-8238 and 34-47986;] andc) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presentedin this report our conclusions about the effectiveness of the disclosure controls and procedures,as of the end of the period covered by this report based on such evaluation; andd) Disclosed in this report any changes in the registrant’s internal control over financialreporting that occurred during registrant’s most recent fiscal quarter (or the fourth fiscalquarter in the case of an annual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;5. The registrant’s other certifying officers and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of registrant’s board of directors (or persons performing the equivalent function):a) All significant deficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; andb) Any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal controls over financial reporting.November 14, 2005                                                          /s/ Ernest A. Bates, M.D.   Ernest A. Bates, M.D.   Chief Executive Officer        
14
<PAGE>
                                                                    Exhibit 99.1




    CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



        I, Michael P. DiMino, President and Chief Executive Officer, of LESCO,
Inc. (the "Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that:

        (1)     The Quarterly Report on Form 10-Q of the Company for the period
                ended March 31, 2003 which this certification accompanies 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.

        A signed original of this written statement required by Section 906 has
been provided to the Company and will be retained by the Company and furnished
to the Securities and Exchange Commission or its staff upon request.

/s/ Michael P. DiMino
------------------------------
Michael P. DiMino
President and Chief Executive Officer

May 2, 2003
COURT OF APPEALS OF VIRGINIA

Present: Judges Kelsey, Petty and Seni or Judge Bumgardner

JERRY DEAN TYREE, SR. MEMORANDUM OPINION * v. Record No. 1437-07-1 PER CURIAM OCTOBER 2, 2007 BOBBY’S MUFFLER & TIRE CENTER, INC. AND VIRGINIA COMMERCE GROUP SELF-INSURANCE ASSOCIATION

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION

(Richard E. Railey, Jr.; Raile y and Railey, P.C., on brief), for appellant.

(J. Brian Slaughter; McKenry, Da ncigers, Dawson & Lake, P.C., on brief), for appellees.

Jerry Dean Tyree, Sr. appeals a decisi on of the Workers’ Co mpensation Commission

finding that he was not totally disa bled after June 6, 2006 and that he failed to adequately market

his residual work capaci ty after that date. 1 We have reviewed the record and the commission’s

opinion and find that this appeal is without merit. Accordingly, we affirm for the reasons stated

by the commission in its final opinion. See Tyree v. Bobby’s Muffler & Tire Ctr., Inc. , VWC

File No. 227-52-32 (June 11, 2007). We dispense w ith oral argument and summarily affirm

* Pursuant to Code § 17.1-413, this opin ion is not designated for publication.

1 In rendering our decision, we have consid ered only that evidence which was properly before the commission when the record cl osed on August 29, 2006. Thus, we have not considered any of claimant’s argument regarding evidence that might have been generated after that date and which was not before th e commission when it rendered its decision.- 2- because the facts and legal contentions are adequate ly presented in the materials before the Court

and argument would not aid the decisional process. See Code § 17.1-403; Rule 5A:27.

Affirmed.
Exhibit 31.2

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

CERTIFICATIONS

I, Paul Intlekofer, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Nutrition 21, 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 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 covered
by 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 (the registrant's fourth fiscal quarter in the case of an annual report)
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 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 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; 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.


Date: February 14, 2006
Paul Intlekofer
Chief Financial Officer

                                       17
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<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                           3,102
<SECURITIES>                                         0
<RECEIVABLES>                                   86,578
<ALLOWANCES>                                     3,705
<INVENTORY>                                     98,813
<CURRENT-ASSETS>                               189,376
<PP&E>                                          68,140
<DEPRECIATION>                                  29,320
<TOTAL-ASSETS>                                 237,240
<CURRENT-LIABILITIES>                           73,937
<BONDS>                                         82,895
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           839
<OTHER-SE>                                      77,287
<TOTAL-LIABILITY-AND-EQUITY>                   237,240
<SALES>                                        207,136
<TOTAL-REVENUES>                               207,136
<CGS>                                          136,883
<TOTAL-COSTS>                                  136,883
<OTHER-EXPENSES>                               (1,124)
<LOSS-PROVISION>                                 1,055
<INTEREST-EXPENSE>                               3,044
<INCOME-PRETAX>                                  9,528
<INCOME-TAX>                                     3,716
<INCOME-CONTINUING>                              5,812
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     5,812
<EPS-PRIMARY>                                     0.70
<EPS-DILUTED>                                     0.67
        

</TABLE>
II

106TH CONGRESS

2D SESSION S. 2655

To suspend temporarily the duty on machines, and their parts, for use

in the manufacture of digital versatile discs (DVDs).

IN THE SENATE OF THE UNITED STATES

MAY 25, 2000

Mr. COVERDELL introduced the following bill; which was read twice and

referred to the Committee on Finance

A BILL

To suspend temporarily the duty on machines, and their

parts, for use in the manufacture of digital versatile

discs (DVDs).

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

3 SECTION 1. TEMPORARY SUSPENSION OF DUTY.

4 (a) IN GENERAL.—Subchapter II of chapter 99 of

5 the Harmonized Tariff Schedule of the United States is

6 amended by inserting in numerical sequence the following

7 new heading:
2

•S 2655 IS

‘‘ 9902.84.05 Machines or mechanical appliances, whether

imported separately or as an

entirety, and

parts thereof, for

use in the manufacture of digital

versatile discs

(DVDs) (provided for in subheading

8464.90.90) ....... Free No change No change On or before

12/31/03 ’’.

1 (b) EFFECTIVE DATE.—The amendment made by

2 this section applies with respect to goods entered, or with3 drawn from warehouse for consumption, on or after the

4 15th day after the date of the enactment of this Act.

Æ
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: In re State Farm Mutual Automobile Insurance Company

Appellate case number: 01

- 19

- 00821

- CV

Trial court case number: 2019

- 26133

Trial court: 113th District Court of Harris County



### Real party in interest, Amanda Marie Sanch ez Garza, filed a second unopposed

mot i on for extension of time to file her response to relator ’ s petition for writ of

mandamus. T he motion is granted

. Real party in interest ’ s response brief is d ue February

7

, 20 20

.

It is so ORDERED.

Judge’s signatur e: _______

_ /s/ Russell Lloyd

________ Acting individually

Date: January 9, 2020
#### STATE v. S. L. FREEMAN, W. O. GORE, and WILLIAM J. PRESTON.

(Filed 20 September, 1939.)

Criminal Law § 56: Taxation § 23 — Statute held not to impose tax on business of employing peddlers, and motion in arrest on warrant charging that offense is allowed.

Even conceding that ch. 127, Public Laws of 1937, renders persons employing peddlers liable for the peddlers’ tax therein imposed on their employees, defendants’ motion in arrest of judgment on a warrant charging that they “engaged in the business of employing peddlers without obtaining licenses to do so” fails to charge a crime, since the statute does not require a license to “engage in the business of employing peddlers,” and defendants’ motion in arrest of judgment for uncertainty and failure to charge them with the commission of a crime is allowed.

Appeal by defendants from *Gowper, Special Judge,*at February Term, 1939, of PasquotaNK.

Criminal prosecutions, tried upon warrants charging that the defendants did, on or about 1 June, 1938, in Elizabeth City, Pasquotank County, “unlawfully, willfully, engage in the business of employing peddlers on a salary or commission basis without obtaining State and/or County and/or City license so to do.”

From special verdict, pronouncements of guilty and judgments thereon, the defendants, and each of them, appeals, assigning errors.

*162
      *Attorney-General McMullan and Assistant Attorneys-General Bruton and Patton for the State.*

*J. Henry LeRoy for defendants.*

Stacy, C. J.

The motions in arrest of judgment for uncertainty in the warrants and failure to charge the defendants with the commission of a crime must be allowed on authority of *S. v. Julian,*214 N. C., 574, 200 S. E., 24; *S. v. Williams,*210 N. C., 159, 185 S. E., 661; and *S. v. Ingle,*214 N. C., 276, 199 S. E., 10.

Our attention has been called to no statute, county or city ordinance, requiring a license, to “engage in the business of employing peddlers.” Even if it be conceded, as the State contends, that under ch. 127, Public Laws 1937 (Revenue Act), any person, firm or corporation “employing the services of another as a peddler” is made liable for the peddler’s tax therein imposed, it does not follow that the employer must obtain a license as well as the peddler employed. *S. v. Smith,*211 N. C., 206, 189 S. E., 509.

Whether the defendants would be liable for failure to procure licenses for peddlers employed by them is not presented by the record.

Judgment arrested.
EXHIBIT 99.1

       CERTIFICATION OF CHIEF EXECUTIVE OFFICER OF SUMMIT BANCSHARES, INC.

     This certification is provided pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and accompanies the quarterly report on Form 10-Q
(the "Form 10-Q") for the quarter ended June 30, 2002 of Summit Bancshares, Inc.
(the "Issuer").

I, Philip E. Norwood, the Chairman, President, and Chief Executive Officer of
the Issuer certify that:

     (i)  the Form 10-Q fully complies with the requirements of section 13(a) or
          section 15(d) of the Securities Exchange Act of 1934 (U.S.C. 78m(a) or
          78o(d)); and

     (ii) the information contained in the Form 10-Q fairly presents, in all
          material respects, the financial condition and results of operations
          of the Issuer.

Dated:   July 25, 2002

                                            /s/ Philip E. Norwood
                                     ----------------------------------
                                     Name:  Philip E. Norwood
                                     Title: Chairman, President and CEO

Subscribed and sworn to before me on this 25th day of July, 2002.

                                            /s/ Kristen G. Laramore
                                     ----------------------------------
                                     Name:  Kristen G. Laramore
                                     Title: Notary Public

My commission expires:  October 25, 2004
#### Joseph M. Schwartz and Nathan Schwartz, Copartners, etc., Appellants, v. Ralph Levy, Respondent.

Judgment of the Municipal Court reversed ^nd_new trial ordered^ costs to abide the event, on the ground that the fc against the weight of credible evidence.

Jenks, P. J., Carr concurred; Thomas and Woodward, JJ., dissented.
PAUL PARTRIDGE,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D16-2427

_____________________________/

Opinion filed October 11, 2016.

An appeal from an order of the Circuit Court for Alachua County.

Mark W. Moseley, Judge.

Paul Partridge, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

B.L. THOMAS, RAY, and OSTERHAUS, JJ., CONCUR.
* This order and judgment is not binding precedent, e xcept under the

doctrines of law of the case, res judicata and coll ateral estoppel. The court generally disfavors the citation of orders and judg ments; nevertheless, an order and judgment may be cited under the terms and condi tions of 10th Cir. R. 36.3. 

## F I L E D United States Court of Appeals Tenth Circuit 

### APR 27 1999 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

GLORIA UVON ROBINSON, Petitioner-Appellant,
v. NEVILLE MASSIE, Respondent-Appellee. No. 99-6014 (W. District of Oklahoma) (D.C. No. 98-CV-1165-C)

ORDER AND JUDGMENT *
Before TACHA , McKAY, and MURPHY , Circuit Judges. After examining the briefs and appellate record, th is panel has determined unanimously that oral argument would not materiallyassist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). T he case is therefore ordered submitted without oral argument. This case is before the court on Gloria Uvon Robins on’s application for a certificate of appealability (“COA”). Robinson see ks a COA so that she can-2-

appeal the district court’s denial of her 28 U.S.C. § 2254 habeas corpus petition. See 28 U.S.C. § 2253(c)(1)(A) (providing that no appea l can be taken from a “final order in a habeas corpus proceeding in whichthe detention complained of arises out of process issued by a state court” unle ss the petitioner first obtains a certificate of appealability). This court concludes that Robinson is not entitled to a COA. As noted by the district court, Robinson’s § 2254 petition was clearly filed outside of the outside of the one-year limitations period set out in 28 U.S.C. § 2244(d)(1). Furthermore, the tolling provision set out in § 224 4(d)(2) is not implicated in this case because all of Robinson’s state post-convictio n proceedings were filed after the one-year limitations period set out in § 2244(d )(1) had already expired. Finally, this court agrees with the district court that neither Robinson’s pro se status nor her lack of legal training, standing alo ne, is sufficient reason to equitably toll § 2244(d)(1)’s limitations period. The district court conclusion that Robinson’s petit ion is barred by the statute of limitations is not debatable among juris ts of reason, subject to a different resolution on appeal, or deserving of further proceedings. See Barefoot v. Estelle , 462 U.S. 880, 883 n.4 (1983). Thus, Robinson has not “made a substantial showing of the denial of a constitution al right” and is not entitled to a certificate of appealability. 28 U.S.C. 2253(c)(2) . For substantially those reasons-3-

set out in the magistrate judge’s Report and Recomm endation dated October 23, 1998, and the district court’s Order dated December3, 1998, this court denies Robinson’s request for a COA and dismisses this appeal. ENTERED FOR THE COURT:
Michael R. Murphy Circuit Judge
#### Louisa T. Clark, Appellant, v. A. Judson Wells, Respondent.

Judgment. and order, affirmed, with costs. -Held, that the verdict is against the weight of the evidence, and that the damages are excessive. Hew trial to be had in the City Court on the 6th day of June, 1911, at ten o’clock in the *908forenoon.

All concurred, except McLennan, P. J., and Robson, J., who dissented and voted for modification by eliminating the first cause of action and affirming the judgment of the Municipal Court as to the balance.
Case: 19-30088 Doc# 171 Filed: 01/31/19 Entered: 01/31/19 07:39:39 Page 1 of 2
Case: 19-30088 Doc# 171 Filed: 01/31/19 Entered: 01/31/19 07:39:39 Page 2 of 2
I 

113TH CONGRESS 

2D SESSION H. R. 4893 

To amend title II of the Social Security Act to provide for the non-application 

of the waiting period for disability insurance benefits in cases of terminally ill beneficiaries, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 18, 2014 

Ms. MICHELLE LUJAN GRISHAM of New Mexico introduced the following bill; 

which was referred to the Committee on Ways and Means 

A BILL 

To amend title II of the Social Security Act to provide 

for the non-application of the waiting period for disability 

insurance benefits in cases of terminally ill beneficiaries, 

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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Jeremy Sanchez Social 

5 Security Disability Insurance Fairness Act’’. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 4893 IH

1 SEC. 2. NON-APPLICATION OF WAITING PERIOD FOR DIS2 ABILITY INSURANCE BENEFITS IN CASES OF 

3 TERMINALLY ILL BENEFICIARIES. 

4 Section 223(a) of the Social Security Act (42 U.S.C. 

5 423(a)) is amended by adding at the end the following: 

6 ‘‘(3)(A) In the case of any application for dis7 ability insurance benefits filed by an individual who 

8 is determined to be under a disability, paragraph (1) 

9 shall be applied without regard to the waiting period 

10 referred to in such paragraph if— 

11 ‘‘(i) the individual is terminally ill, or 

12 ‘‘(ii) the Commissioner of Social Security 

13 determines that the application of the waiting 

14 period would work an undue hardship on such 

15 individual (as determined on the basis of cri16 teria established by the Commissioner). 

17 ‘‘(B) For the purposes of this paragraph, an in18 dividual is considered to be terminally ill if the indi19 vidual has a medical prognosis that the individual’s 

20 life expectancy is 12 months or less.’’. 

21 SEC. 3. EFFECTIVE DATE. 

22 The amendment made by section 2 shall apply with 

23 respect to applications for monthly insurance benefits filed 

24 on or after the date of the enactment of this Act. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
EXHIBIT 23.1


                       CONSENT OF INDEPENDENT ACCOUNTANTS


We  hereby  consent  to the  incorporation  by  reference  in  the  Registration
Statements on Form S-3 (No.  333-18829),  Form S-8 (No.  333-20403) and Form S-8
(No.  333-61392) of Titanium  Metals  Corporation  of our reports dated March 2,
2004,  relating to the financial  statements and financial  statement  schedule,
which appear in this Form 10-K.



/s/ PricewaterhouseCoopers LLP

Denver, Colorado
March 2, 2004