alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### John W. JOHNSON, Appellant, v. STATE of Missouri, Respondent.

No. 65665.

Missouri Court of Appeals, Eastern District, Division One.

Dec. 20, 1994.

Motion for Rehearing and/or Transfer to Supreme Court Denied Jan. 31, 1995.

Application to Transfer Denied March 21, 1995.

David C. Hemingway, Asst. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Joanne E. Beal, Asst. Atty. Gen., Jefferson City, for respondent.

Before REINHARD, P.J., and GARY M. GAERTNER and CRAHAN, JJ.

*ORDER*

PER CURIAM.

Appellant, John W. Johnson, appeals from the St. Louis County Circuit Court’s denial of an evidentiary hearing on his Rule 24.035 motion for post-conviction relief. We affirm.

We have reviewed the briefs of the parties and the legal file and find the judgment of the circuit court is based on findings of fact that are not clearly erroneous. As we further find an extended opinion would have no precedential value, we affirm the circuit court’s denial of an evidentiary hearing on appellant’s Rule 24.085 motion pursuant to Rules 84.16(b) and 30.25(b).
**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

**AND CHIEF FINANCIAL OFFICER**

**PURSUANT TO 18 U.S.C. SECTION 1350**

 

In connection with the accompanying Quarterly Report on Form 10-QSB of Advanced Technology Petroleum Corp., Inc., for the QuarterOctober 31, 2006, I, Joseph Blimline, Chief Executive Officer and Chief Financial Officer of Advanced Technology Petroleum Corp., Inc. hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that: 

 

1.    Such Quarterly Report on Form 10-QSB for the period ending October31, 2006, 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 such Quarterly Report on Form 10-QSB for the period endedOctober 31, 2006 fairly represents in all material respects, the financial condition and results of operations of Advanced Technology Petroleum Corp., Inc. 

 
| Dated: December 13,            2006 |
|-------------------------------------|

 

**Advanced Technology Petroleum Corp., INC.**

 
| By: | */s/ Joseph Blimline*Chief Executive Officer andChief Financial Officer |
|-----|-------------------------------------------------------------------------|
#### Antoine ECHOLS, Sr., Appellant, v. Mark S. FREDMAN, Respondent.

No. 70355.

Missouri Court of Appeals, Eastern District, Division Four.

Dec. 17, 1996.

Antoine Echols, Sr., Lewisburg, PA pro se.

Edward S. Meyer, Jill K. Luft, Mark S. Fredman, St. Louis, for respondent.

Before RHODES RUSSELL, P.J., and SIMON and KAROHL, JJ.

*ORDER*

PER CURIAM.

Antoine Echols appeals from the dismissal of his legal malpractice claim for failure to state a cause of action against Mark S. Fred-man. Fredman complains that Echols’ *pro se*brief fails to comply with the requirements of Rule 84.04 in that the points relied on in the briefs are vague and do not identify wherein and why the trial court erred, and further, the brief did not contain a fair and concise statement of the relevant facts. *See Thummel v. King,*570 S.W.2d 679 (Mo.banc 1978). We agree.

In the exercise of our discretion, we have reviewed the record for plain error pursuant to Rule 84.13(c). We find no manifest injustice or miscarriage of justice. An extended opinion would have no precedential value. Accordingly, we affirm pursuant to Rule 84.16(b). .
EXHIBIT 31.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Arthur H. Penn, Chief Executive Officer of PennantPark Investment
Corporation, certify that:

1. I have reviewed this Report on Form 10-Q of PennantPark Investment Corporation;

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 company as of, and for, the periods presented
in this Report;

4. The company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 company 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 company, including its 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 company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 companys internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely
to materially affect, the companys internal control over financial reporting; and

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

Dated:
May 7, 2008



|                       
|-----------------------
|/s/ Arthur H. Penn     
|Arthur H. Penn         
|Chief Executive Officer
Exhibit
32.1




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 (subsections (a) and
(b) of Section 1350, Chapter 63 of Title 18, United States Code), each
of the undersigned officers of Volcan Holdings, Inc. (the “Company”), does
hereby certify, to such officer’s knowledge, that:




The
quarterly report on Form 10-Q for the quarter ended December 31, 2009 (the “Form
10-Q”) of the Company fully complies with the requirements of Section 13(a)
or 15(d), as applicable, of the Securities Exchange Act of 1934 and the
information contained in the Form 10-Q fairly presents, in all material
respects, the financial condition and results of operations of the Company as
of, and for, the periods presented in the Form 10-Q.




Date:
February 22, 2010




/s/
      Pnina FeldmanPnina
      FeldmanChief
      Executive Officer
              (Principal
      Executive Officer)/s/
      Sholom FeldmanSholom
      FeldmanTreasurer
      and Secretary
              (Principal
      Financial Officer)
**EXHIBIT 32.1**

 

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

** **

In connection with the Quarterly Report of CombiMatrix Corporation (the“Company”) on Form 10-Q for the quarterly period ended March 31,2008, as filed with the Securities and Exchange Commission on May 15, 2008(the “Report”), I, Amit Kumar, Chief Executive Officer of the Company, certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

 

1. The Report fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934, as amended; and

 

2. The information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany.

 
|   | By:                             |
|--------|---------------------------------|
|   |                            |
|   | /s/  Amit Kumar                 |
|   | Amit  Kumar                     |
|   | Chief  Executive Officer        |
|   | *(Principal Executive Officer)* |
|   | May 15,  2008              |

 

A signed originalof this written statement required by Section 906 of the Sarbanes-OxleyAct of 2002 (“Section 906”), or other document authenticating,acknowledging, or otherwise adopting the signature that appears in typed formwithin the electronic version of this written statement required by Section 906,has been provided to the Company and will be retained by the Company andfurnished to the Securities and Exchange Commission or its staff upon request.

 

----
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 1 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 2 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 3 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 4 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 5 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 6 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 7 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 8 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 9 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 10 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 11 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 12 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 13 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 14 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 15 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 16 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 17 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 18 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 19 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 20 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 21 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 22 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 23 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 24 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 25 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 26 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 27 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 28 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 29 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 30 of 31
Case 2:18-cv-00377-SPL Document 1-1 Filed 02/02/18 Page 31 of 31
11 TH COURT OF APPEALS

EASTLAND

, TEXAS

JUDGMENT

Damon Chad Campbell

, * From the 266 th District Court

of Erath County,

Trial Court No. CR15110

.

Vs. No. 11

- 19

- 00230

- CR * July 30 , 20 2 1

The State of Texas

, * Per Curiam Memorand um Opinion

(P anel consists of: Bailey , C.J.,

Trotter , J. , and W illiams , J. )

This court has considered Damon Chad Campbell’s motion to dismiss this

appeal and concludes that the motion should be granted. Therefore, in accordance

with this court’s opinion, the appeal is dismissed.
#### William CAMPBELL, Jr. and June Mary Campbell, his wife, Appellants, v. Richard ANDERSON and Shirley Anderson, et al., John Brandon and Yvonne Brandon, John C. Collett and Community Bank, et al., Respondents.

No. WD 50092.

Missouri Court of Appeals, Western District.

Aug. 22, 1995.

Richard N. Brown, Brown & Casey, Brookfield, for appellants.

Brent Turner, Chapman, Cowherd & Turner, Chillicothe, N. William Phillips, Phillips & Spender, Milan, William S. Lewis, Ander-eek, Evans, Milne, Peace & Baumhoer, Trenton, for respondents.

Before FENNER, C.J., and BRECKENRIDGE and SPINDEN, JJ.

*ORDER*

PER CURIAM:

Appeal from judgment in tort action for property damage and injunctive relief from re-channelization of creek on adjoining tract of land.

Affirmed. Rule 84.16(b).
**Exhibit 32**

**Certificate pursuant to18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002**

In connection with theQuarterly Report of FirstBank Financial Services, Inc. (the “Company”) on Form10-QSB for the period ending September30, 2006, as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, J. Randall Dixon, Chief Executive Officer of theCompany, and I, Lisa J. Maxwell, Chief Financial Officer of the Company,certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that:

1.                                       To myknowledge, the Report fully complies with the requirements of section 13(a) or15(d) of the Securities Exchange Act of 1934; and

2.                                       The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.
|              | /s/ J. Randall Dixon                         |   |
|-------------------|----------------------------------------------|--------|
|              | J. Randall Dixon President and C.E.O.        |   |
|              | (Principal Executive Officer)                |   |
|              |                                         |   |
|              |                                         |   |
|              | /s/ Lisa J. Maxwell                          |   |
|              | Lisa J. Maxwell, C.F.O.                      |   |
|              | (Principal Financial and Accounting Officer) |   |
|              |                                         |   |
|              |                                         |   |
| November 10, 2006 |                                         |   |

 

1

----
Exhibit 32.1

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 Orexigen Therapeutics, Inc. (the Company) on Form 10-Q for the quarter ended March 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Michael A. Narachi President and 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 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,
as amended; and

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

Date: May 8, 2009



/s/ Michael A. NarachiMichael A. NarachiPresident and Chief Executive Officer


The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not
being filed as part of the Report or as a separate disclosure document.
**EXHIBIT 31.1**
CERTIFICATIONS
I, Frank J. Belatti, certify that:
1.       I have reviewed this Annual Report on Form 10-K of AFC Enterprises, Inc.;
2.       Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;
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 officer 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;
     b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, 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 financialreporting that occurred during the registrant’s fourth fiscal quarter that has materially affected,or is reasonably likely to materially affect, the registrant’s internal control over financialreporting; and
5.       The registrant’s other certifying officer 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 functions):
     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; and
     b) Any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.
Date: March 28, 2005                                                                  /s/ Frank J. Belatti   Frank J. Belatti   Chairman of the Board and
[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Notices]
[Page 25228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12567]



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

DEPARTMENT OF HEALTH AND HUMAN SERVICES
[Docket No. 93F-0152]


Witco Corp.; Withdrawal of Food Additive Petition

AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the 
withdrawal, without prejudice to future filing, of a food additive 
petition (FAP 3B4348), filed by Witco Corp. proposing that the food 
additive regulations be amended to provide for the safe use of 
decanedioic acid, polymer with 1,2-ethanediamine, (Z,Z)-9,12-
octadecadienoic acid dimer and 4,4'-(1,3-propaneidyl) bis (piperidine) 
as a polymer coating onaluminum foil, polyolefin film, and paper and 
paperboard and as an adhesive, for use in contact with food.

FOR FURTHER INFORMATION CONTACT: Hortense S. Macon, Center for Food 
Safety and Applied Nutrition (HFS-216), Food and Drug Administration, 
200 C St. SW., Washington, DC 20204, 202-418-3086.

SUPPLEMENTARY INFORMATION: In a notice published in the Federal 
Register of May 19, 1993 (58 FR 29231), FDA announced that a food 
additive petition (FAP 3B4348) had been filed by Witco Corp., 5777 
Frantz Rd., P.O. Box 646, Dublin, OH 43017. The petition proposed to 
amend the food additive regulations to provide for the safe use of 
decanedioic acid, polymer with 1,2-ethanediamine, (Z,Z)-9,12-
octadecadienoic acid dimer and 4,4'-(1,3-propaneidyl) bis (piperidine) 
as a polymer coating on aluminum foil, polyolefin film, and paper and 
paperboard and as an adhesive, for use in contact with food. Witco 
Corp. has now withdrawn the petition without prejudice to a future 
filing (21 CFR 171.7).

    Dated: April 30, 1996.
Alan M. Rulis,
Director, Office of Premarket Approval, Center for Food Safety and 
Applied Nutrition.
[FR Doc. 96-12567 Filed 5-17-96; 8:45 am]
BILLING CODE 4160-01-F
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 371 Engrossed in House (EH)]

H. Res. 371

                In the House of Representatives, U. S.,

                                                        April 28, 2009.
    Resolved, That upon adoption of this resolution it shall be in order to 
consider the conference report to accompany the concurrent resolution (S. Con. 
Res. 13) setting forth the congressional budget for the United States Government 
for fiscal year 2010, revising the appropriate budgetary levels for fiscal year 
2009, and setting forth the appropriate budgetary levels for fiscal years 2011 
through 2014. All points of order against the conference report and against its 
consideration are waived. The conference report shall be considered as read. The 
conference report shall be debatable for one hour equally divided and controlled 
by the chair and ranking minority member of the Committee on the Budget.
    Sec. 2.  The Chair may postpone further consideration of the conference 
report to such time as may be designated by the Speaker.
            Attest:

                                                                          Clerk.
```
Exhibit 11.0

Calculation of Earnings per Share



|                                                     |  |              |       |      |   |       |  |   |      
|---------------------------------------------------- |  | ------------ | ----- | ---- | - | ----- |  | - | -----
|                                                     |  | December 31,
|                                                     |  | 2007         |       | 2006 |   | 2005 
|Weighted Average Shares Outstanding                  |  |              | 4,073 |      |   | 4,086 |  |   | 4,063
|Common Stock Equivalents                             |  |              | 115   |      |   | 127   |  |   | 124  
|Average Common Shares and Equivalents, Fully Diluted |  |              | 4,188 |      |   | 4,213 |  |   | 4,187
|Net Income ($000)                                    |  | $            | 2,424 |      | $ | 2,951 |  | $ | 2,981
|Basic Earnings per Share                             |  | $            | 0.60  |      | $ | 0.72  |  | $ | 0.73 
|Diluted Earnings per Share                           |  | $            | 0.58  |      | $ | 0.70  |  | $ | 0.71