alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jerry HUTCHINS, Movant, v. STATE of Missouri, Respondent.

No. 54515.

Missouri Court of Appeals, Eastern District, Division One.

Dec. 13, 1988.

*762Holly G. Simons, Asst. Public Defender, St. Louis, for movant.

William L. Webster, Atty. Gen., John Munson Morris, III, Asst. Atty. Gen., Jefferson City, for respondent.

CRANDALL, Presiding Judge.

Movant, Jerry Hutchins, pleaded guilty to charges of burglary in the first degree, assault in the first degree, and stealing. He was sentenced to concurrent terms of imprisonment of twelve years for the burglary conviction, twelve years for the assault conviction, and seven years for the stealing conviction. He then brought a motion for post-conviction relief under Rule 27.26 seeking to set aside the convictions for burglary in the first degree and assault in the first degree. The motion court entered an order denying the motion without an evidentiary hearing. On appeal, this court affirmed that order. *Hutchins v. State,*689 S.W.2d 704 (Mo.App.1985). On January 4,1988, movant filed a “Successive Rule 27.26 Motion,” again challenging his convictions for burglary in the first degree and assault in the first degree. Movant appeals from the denial of that motion, without an evidentiary hearing. We affirm.

Rule 27.26 was repealed, effective January 1, 1988. Movant, therefore, could not seek post-conviction relief under Rule 27.26 on January 4, 1988. *See*Rule 24.035(i). Movant’s motion is governed by Rule 24.-036. Rule 24.035(k) precludes the circuit court from entertaining a successive motion for post-conviction relief. Because this motion is a successive motion, the motion court properly dismissed the motion.

AFFIRMED.

REINHARD and CRIST, JJ., concur.
Exhibit 31.1

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

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

I, Gary D. Tollefson, M.D., Ph.D., certify that:

1. I have reviewed this quarterly report on Form 10-Q of Orexigen Therapeutics, 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 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; 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: August 8, 2008



|                                     
|-------------------------------------
|                                     
|/s/ Gary D. Tollefson                
|Gary D. Tollefson, M.D., Ph.D.       
|President and Chief Executive Officer
EX-10.25






EXHIBIT 10.25




FIRST AMENDMENT

OF

USG CORPORATION DEFERRED COMPENSATION PLAN




(Effective as of April 1, 2007)




     WHEREAS, USG Corporation maintains the USG Corporation Deferred Compensation Plan (the
“Plan”); and



     WHEREAS, amendment of the Plan now is considered desirable;



     NOW, THEREFORE, pursuant to the amending power reserved to USG Corporation as the “Company”
under Section 9 of the Plan, as amended, the Plan be and is amended, effective January 1, 2008, by
substituting the following for Sections 5.1 and 5.2 of the Plan:



     “5.1 Time and Method of Payment




     Payment of a Participant’s Deferral Account shall be made in a single lump sum
30 days after the date the Participant separates from service with all Employers and
their subsidiaries and affiliates. Notwithstanding any other provision of the Plan
to the contrary, distributions to be made to a Key Employee upon retirement or other
termination of employment shall not be made before the date that is six (6) months
after the Key Employee’s retirement or other separation from service.



     5.2 Payment Upon Death of a Participant




     In the event a Participant dies before all amounts credited to the
Participant’s Deferral Account have been paid, payment of the Participant’s Deferral
Account shall be made to the Participant’s Beneficiary in a single lump sum payment
30 days after the Participant’s death.”



     IN WITNESS WHEREOF, the Company has caused these presents to be signed on its behalf by an
officer thereunto duly authorized this 10th day of December, 2008.



	 	 	 	 	 
	 	USG CORPORATION

 	 
	 	By:  	/s/ Brian J. Cook
 	 
	 	 	Senior Vice President 	 
	 	 	Human Resources
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 760 Reported in House (RH)]

                                                 House Calendar No. 110
111th CONGRESS
  1st Session
H. RES. 760

                          [Report No. 111-263]

  Providing for consideration of the bill (H.R. 324) to establish the 
   Santa Cruz Valley National Heritage Area, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2009

   Mr. Cardoza, from the Committee on Rules, reported the following 
resolution; which was referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________

                               RESOLUTION

 
  Providing for consideration of the bill (H.R. 324) to establish the 
   Santa Cruz Valley National Heritage Area, and for other purposes.

    Resolved, That upon the adoption of this resolution it shall be in 
order to consider in the House the bill (H.R. 324) to establish the 
Santa Cruz Valley National Heritage Area, and for other purposes. All 
points of order against consideration of the bill are waived except 
those arising under clause 9 or 10 of rule XXI. The amendment printed 
in the report of the Committee on Rules accompanying this resolution 
shall be considered as adopted. The bill, as amended, shall be 
considered as read. All points of order against provisions in the bill, 
as amended, are waived. The previous question shall be considered as 
ordered on the bill, as amended, to final passage without intervening 
motion except: (1) one hour of debate equally divided and controlled by 
the chair and ranking minority member of the Committee on Natural 
Resources; and (2) one motion to recommit with or without instructions.
                                                 House Calendar No. 110

111th CONGRESS

  1st Session

                              H. RES. 760

                          [Report No. 111-263]

_______________________________________________________________________

                               RESOLUTION

  Providing for consideration of the bill (H.R. 324) to establish the 
   Santa Cruz Valley National Heritage Area, and for other purposes.

_______________________________________________________________________

                           September 22, 2009

        Referred to the House Calendar and ordered to be printed
```
Exhibit 32.2

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 China Multimedia, Inc. (the "Company") on Form 10-QSB for the period ended December 31, 2006 (the "Report"), I, Wilson Cheung, 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:

> 1) The Report fully complies with the requirement 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 Company's
> financial position and results of operations.

/s/Wilson Cheung



Wilson Cheung, Chief Financial Officer

January 30, 2007
Exhibit 32.2

JMP GROUP INC.

CERTIFICATION OF CHIEF FINANCIAL OFFICER 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 periodic report of JMP Group Inc. (the Company) on Form 10-Q for the period ended September 30,
2010, as filed with the Securities and Exchange Commission (the Report), I, Raymond S. Jackson, Chief Financial Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350
of the United States Code, that to the best of 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, and
| | --- | -------------------------------------------------------------------------------------------------------------------------------------



| | (2) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company at the dates and for
the periods indicated.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                       |  |  |  |                        
|---------------------- |  |  |  | -----------------------
|                       |  | 
|Date: November 4, 2010 |  |  |  | /s/ Raymond S. Jackson 
|                       |  |  |  | Raymond S. Jackson     
|                       |  |  |  | Chief Financial Officer

This certification accompanies
this Report on Form 10-Q pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the Exchange Act).
Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
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 Amended Quarterly Report of China Multimedia, Inc. (the "Company") on Form 10-Q/A for the period ended December 31, 2008 (the "Report"), I, Wilson Cheung, President 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: 1) The Report fully complies with the requirement 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 Company's financial position and results of operations.  /s/Wilson CheungWilson Cheung, President March 6, 2009
### Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathawa y A lton Thomas Davis,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk December 20, 2010

p1213 

# Order

December 20, 2010

141509

ARATH II, INC., and ARATH IV, INC., Plaintiffs-Appellants,

v SC: 141509 COA: 288725 Kent CC: 08-005778-CZ HEUKELS COUNTY DRAIN DISTRICT and KENT COUNTY DRAIN COMMISSIONER, Defendants-Appellees.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the April 29, 2010 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the question presented s hould be reviewed by this Court.
#### Willie HOSKINS, Appellant, v. STATE of Missouri, Respondent.

No. 63149.

Missouri Court of Appeals, Eastern District, Division One.

Jan. 11, 1994.

Willie Hoskins, pro se.

Jeremiah W. (Jay) Nixon, Atty. Gen., Traci J. Sanders, Asst. Atty. Gen., Jefferson City, for respondent.

Before CRANDALL, P.J., and REINHARD and CRIST, JJ.

*ORDER*

PER CURIAM.

We find the motion court did not clearly err in denying Movant’s motion for postcon-viction relief as successive and untimely. Rule 29.15(k) and (m). We further find an opinion in this case would have no prece-dential purpose and affirm by written order. Rule 84.16(b). A memorandum has been issued to the parties for their use only.
Administrative Office of the United States Courts FOR COURT USE ONLY

TRANSCRIPT ORDER

DUE DATE:

OAO 435

AZ Form (Rev. 10/2018)

1. NAME 2. PHONE NUMBER 3. DATE

4. FIRM NAME

5. MAILING ADDRESS 6. CITY 7. STATE 8. ZIP CODE

9. CASE NUMBER 10. JUDGE DATES OF PROCEEDINGS

11. 12. 

13. CASE NAME LOCATION OF PROCEEDINGS

14. 15. STATE

16. ORDER FOR

9 APPEAL 9 CRIMINAL

9 NON-APPEAL 9 CIVIL

9 CRIMINAL JUSTICE ACT

9 

IN FORMA PAUPERIS

BANKRUPTCY

OTHER (Specify)

17. TRANSCRIPT REQUESTED (Specify portion(s) and date(s) of proceeding(s) for which transcript is requested.)

PORTIONS DATE(S) PORTION(S) DATE(S)

9TESTIMONY (Specify)

9PRE-TRIAL PROCEEDING

9OTHER (Specify)

9VOIR DIRE

9OPENING STATEMENT (Plaintiff)

9OPENING STATEMENT (Defendant)

9CLOSING ARGUMENT (Plaintiff)

9CLOSING ARGUMENT (Defendant)

9OPINION OF COURT

9JURY INSTRUCTIONS

9SENTENCING

9BAIL HEARING

18. ORDER

CATEGORY

ORIGINAL + 1

(original to Court,

copy to ordering party)

FIRST

COPY

# OF

ADDITIONAL

COPIES

DELIVERY INSTRUCTIONS

(Check all that apply.)

ESTIMATED COSTS

30 DAYS 9 9

PAPER COPY

PDF (e-mail)

ASCII (e-mail)

14 DAYS 9 9

7 DAYS(expedited) 9 9

DAILY

9 9

HOURLY

9 9

REALTIME

9 9

E-MAIL ADDRESS

NOTE: IF ORDERING MORE THAN ONE FORMAT, 

THERE WILL BE AN ADDITIONAL CHARGE. 19. SIGNATURE

20. DATE

TRANSCRIPT TO BE PREPARED BY

ESTIMATE TOTAL

PROCESSED BY PHONE NUMBER

ORDER RECEIVED DATE BY

DEPOSIT PAID DEPOSIT PAID

TRANSCRIPT ORDERED TOTAL CHARGES

TRANSCRIPT RECEIVED LESS DEPOSIT

ORDERING PARTY NOTIFIED

TO PICK UP TRANSCRIPT

TOTAL REFUNDED

PARTY RECEIVED TRANSCRIPT TOTAL DUE

DISTRIBUTION: COURT COPY TRANSCRIPTION COPY ORDER RECEIPT ORDER COPY

3 DAYS

CERTIFICATION (19. & 20.) By signing below, I certify that I will pay all charges

(deposit plus additional).

Case 2:18-cr-00422-DJH Document 1215 Filed 08/13/21 Page 1 of 1
---

EXHIBIT 32.2

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

I, Robert Mintak, 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 Quarterly Report on Form 10-Q of Dussault Apparel
      Inc. for the period ended January 31, 2009 (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 Dussault Apparel Inc.                                                                   

Dated: March 23, 2009

*/s/ Robert Mintak*
Robert Mintak Chief Financial Officer(Principal Financial Officer
and Principal Accounting Officer) Dussault Apparel Inc.

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 Dussault Apparel
Inc. and will be retained by Dussault Apparel Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.

---
<TABLE>
<CAPTION>
                                                                                                                      EXHIBIT 12

                                      COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES(1)
                                                        ($ In Thousands)

                                                     1999             1998             1997             1996              1995
                                                ------------     ------------     -----------     --------------     ------------
EARNINGS
<S>                                                 <C>              <C>             <C>              <C>                <C>
Pre-tax income (loss)                               $40,092          $55,069         $25,153          $(191,394)         $34,913
Fixed charges                                        13,109           15,865          16,683             17,913           19,594
                                                ------------     ------------     -----------     --------------     ------------
Total (a)                                           $53,201          $70,934         $41,836          $(173,481)         $54,507
                                                ============     ============     ===========     ==============     ============

FIXED CHARGES
Interest expense and amortization of
   debt discount and premium on all
   indebtedness                                     $12,221          $15,009         $15,768           $ 17,052          $18,734
Interest portion of rental expense                      888              856             915                861              860
                                                ------------     ------------     -----------     --------------     ------------
Total fixed charges (b)                             $13,109          $15,865         $16,683           $ 17,913          $19,594
                                                ============     ============     ===========     ==============     ============

Ratio of earnings to fixed
charges (a)/(b)                                        4.1x             4.5x            2.5x                 (2)            2.8x

<FN>
     (1)  For purposes of determining this ratio, pre-tax income (loss) consists
          of income before income taxes,  cumulative effect of accounting change
          (1999)  and  extraordinary  loss  (1997),  plus fixed  charges.  Fixed
          charges  consist of  interest  expense  and the  portion of  operating
          leases that  management  believes  are  representive  of the  interest
          factor.

     (2)  Earnings were insufficient to cover fixed charges by $191.4 million in
          1996.

</FN>
</TABLE>
[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Notices]
[Pages 30053-30054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14995]



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

DEPARTMENT OF ENERGY
[Docket No. RP96-268-000]


Tennessee Gas Pipeline Company; Notice of Tariff Filing

June 7, 1996.
    Take notice that on June 5, 1996, Tennessee Gas Pipeline Company 
(Tennessee), tendered for filing as part of its FERC Gas Tariff, Fifth 
Revised Volume No. 1, the following revised

[[Page 30054]]

tariff sheets with a proposed effective date of July 1, 1996.

First Revised Sheet No. 209E

Original Sheet No. 209F
Original Sheet No. 209G
Original Sheet No. 209H
Original Sheet No. 593A
Original Sheet No. 593B

    Tennessee states that it is filing the instant tariff sheets to 
allow Balancing Parties on Tennessee who are also interstate pipelines 
to enable their customers that have contracts with Tennessee for firm 
storage under Rate Schedule FS, to use that Tennessee firm storage for 
balancing purposes. Specifically, the tendered tariff sheets will 
enable customers that do not directly connect with Tennessee's system 
to use their FS storage for swing purposes similar to the manner by 
which Tennessee's directly connected customers currently can use 
Tennessee's Storage Swing Option for balancing purposes. Tennessee 
states that it is filing the revised tariff sheets so that it can test 
the proposed Downstream Storage Swing Option (``DSS Option''), using 
its downstream affiliate pipeline, East Tennessee Natural Gas Company 
(East Tennessee), and a group of East Tennessee customers that hold FS 
storage on Tennessee in a Pilot Program. After completion of the Pilot 
Program, Tennessee will move to place the sheets into effect on a 
systemwide basis or will propose modifications of those sheets based on 
actual operating experience.
    Tennessee further states that East Tennessee is filing tariff 
sheets simultaneously herewith that will permit its designated 
customers to use their Tennessee storage for balancing purposes as part 
of the Pilot Program.
    Any person desiring to be heard or to make any protest with 
reference to said filing should file a petition to intervene or protest 
with the Federal Energy Regulatory Commission, 888 First Street NE., 
Washington, DC 20426, in accordance with Sections 211 and 214 of the 
Commission's Rules of Practice and Procedure, 18 CFR 385.211 and 
385.214. All such petitions or protests must be filed as provided in 
Section 154.210 of the Commission's Regulations. Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to this 
proceeding. Any person wishing to become a party must file a petition 
to intervene. Copies of this filing are on file and available for 
public inspection in the Public Reference Room.
Lois D. Cashell,
Secretary.
[FR Doc. 96-14995 Filed 6-12-96; 8:45 am]
BILLING CODE 6717-01-M