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











**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 Cactus Ventures, Inc. a Nevada
      corporation (the “Company”), on Form 10-QSB for the quarterly period ending June
      30, 2007 as filed with the Securities and Exchange Commission (the “Report”), I,
      Diane S. Button, Chief Executive Officer and Chief Financial Officer of the
      Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
      18
      U.S.C. Section 1350), 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 (15 U.S.C. 78m or 78o(d)); and





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













Date:
      August 14,
      2007                                                                                         /s/ Diane
      S.
      Button


Chief
      Executive Officer and


Chief
      Financial Officer
2:09-cv-13046-LPZ-VMM Doc # 1 Filed 08/03/09 Pg 1 of 6 Pg ID 1
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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

DETROIT DIVISION

JONATHAN WILKOF, Individually and on

Behalf of All Others Similarly Situated,

Plaintiff,

v.

CARACO PHARMACEUTICAL

LABORATORIES, LTD., DANIEL H.

MOVENS and MUKUL RATHI,

Defendants.

No. 2:09-cv-12830-RHC-MJH

CLASS ACTION

NOTICE OF COMPANION CASE

L.R. 83.11(b)(7)

Case 2:09-cv-12830-RHC-MJH Document 15 Filed 11/04/2009 Page 1 of 2
- 2 -

TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD:

Pursuant to Local Rule 83.11(b)(7)(B), Plaintiff Jonathan Wilkof, having now become aware

of a companion case to the within matter, hereby notifies the Court of the following companion case

before Judge Arthur J. Tarnow to which Defendant Caraco Pharmaceutical Laboratories, Ltd.

(“Caraco”) was an interested party: United States v. Adulterated Articles of Drug, E.D. Mich., Case

No. 2:09-cv-12498-AJT-DAS. The action relates to the seizure of certain articles of drugs owned

by Caraco on June 25, 2009, by the United States Marshal. While Caraco was not named as a party

to the Adulterated action, it subsequently intervened in the action as an interested party, and filed a

claim for the articles of drugs. The United States Government and Caraco entered into a Consent

Decree of condemnation, forfeiture and permanent injunction signed by Judge Tarnow on September

29, 2009. Subsequently, on October 14, 2009, a Consent Decree bond in the amount of $15 million

was posted by Caraco.

DATED: November 3, 2009 THE MILLER FIRM

By: /s/ E. Powell Miller 

E. Powell Miller

950 West University Drive, Suite 300

Rochester, Michigan 48307

Telephone: (248) 841-2200

Facsimile: (248) 652-2852

Liaison Counsel

GLANCY BINKOW & GOLDBERG LLP

Lionel Z. Glancy 

Michael Goldberg 

1801 Avenue of the Stars, Suite 311

Los Angeles, California 90067

Telephone: (310) 201-9150

Facsimile: (310) 201-9160

Counsel for Plaintiff

Case 2:09-cv-12830-RHC-MJH Document 15 Filed 11/04/2009 Page 2 of 2
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 99-1876

___________ Jerry K. Latture, * * Plaintiff-Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Remington Arms Company, Inc., a * foreign corporation, * [UNPUBLISHED] * Defendant-Appellee. * *

___________ Submitted: January 13, 2000 Filed: February 4, 2000

___________ Before RICHARD S. ARNOLD, BRIGHT and HANSEN, Circuit Judges.

___________ PER CURIAM.
Ajury found that defendant-appellee Remington Arms Company, Inc. ("Remington") did not violate the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 (1994), when it offered one of its maintenance planners, plaintiff-appellant Jerry Latture, the option of leaving the company or accepting a lesser position for substantially less pay. On appeal, Latture challenges a series of evidentiary decisions madeby the district court: Latture appeals the denial of his motion for a new trial based on insufficient evidence to support the verdict, the admission of evidence of–2–

complaints about Latture's job performance, and the exclusion of various remarks made by employees of Remington, as well as evidence of the age of his eventual replacement.
We review a district court's admission, or exclusion, of evidence for a clear abuse of discretion. Spencer v. Stuart Hall Co., Inc. , 173 F.3d 1124, 1130 (8th Cir. 1999); King v. Ahrens , 16 F.3d 265, 268 (8th Cir. 1994). In addition, we review a district court's denial of a motion for a new trial on grounds of insufficient evidence for clear abuse of discretion, and we reverse "only where there is an 'absolute absence of evidence' to support the jury's verdict." Porous Media Corp. v. Pall Corp. , 173 F.3d 1109, 1123 (8th Cir. 1999) (quoting Pulla v. Amoco Oil Co. , 72 F.3d 648, 657 (8 th Cir. 1995). Upon a careful review of the record, we hold that the district court did not abuse its discretion in deciding any of theissues now raised on appeal. Furthermore, it is unlikely that different rulings on the admissibility of the evidence in question would have altered the outcome of the trial. Accordingly, we affirm. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
AO 440 (Rev. 02/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

Eastern District of Michigan

Pulte Homes, Inc.,

Plaintiff,

v. Case No. 2:09−cv−13638−LPZ−MAR

Hon. Lawrence P Zatkoff

Laborers' International Union of North

America, et al.,

Defendant.

SUMMONS IN A CIVIL ACTION

To: Laborers' International Union of North America

 A lawsuit has been filed against you.

 Within 20 days after service of this summons on you (not counting the day you received it) - or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R.

Civ. P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12

of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,

whose name and address are:

John F. Birmingham Jr.

500 Woodward Avenue

Suite 2700

Detroit, MI

48226

If you fail to respond, judgment by default may be entered against you for the relief demanded in the complaint. You

also must file your answer or motion with the court.

DAVID J. WEAVER, CLERK OF COURT By: s/ L. Behringer 

Signature of Clerk or Deputy Clerk

Date of Issuance: September 17, 2009

2:09-cv-13638-LPZ-MAR Doc # 10 Filed 09/17/09 Pg 1 of 2 Pg ID 110
AO 440 (Rev. 02/09) Summons in a Civil Action

Summons and Complaint Return of Service

Case No. 2:09−cv−13638−LPZ−MAR

Hon. Lawrence P Zatkoff

A copy of the Summons and Complaint has been served in the manner indicated below:

Name of Defendant Served: Laborers' International Union of North America

Date of Service:

Method of Service

Personally served at this address:

Left copies at defendant's usual place of abode with (name of person):

Other (specify):

Returned unexecuted (reason):

Service Fees: Travel $ Service $ Total $ 

Declaration of Server

I declare under the penalty of perjury that the information contained in this Return of Service is true and correct.

Name of Server:

Signature of Server:

Date:

Server's Address:

2:09-cv-13638-LPZ-MAR Doc # 10 Filed 09/17/09 Pg 2 of 2 Pg ID 111
Exhibit
32.1








CERTIFICATION
PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT 0F 2002





In
connection with the Quarterly Report of Across America Financial Services, Inc.
(the Company") on Form 10-QSB for the period ended herein as filed with the
Securities and Exchange Commission (the "Report"), I. Brian L. Klemsz, Chief
Executive and Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that:





(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 fully presents, in all material respects,
the financial condition and results of operations or the Company.





Date:  May
13,
2008
  /s/ Brian L.
Klemsz
 Chief
Executive Officer
 Chief
Financial Officer
**Exhibit 32**

**SECTION 906 CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER AND**

**CHIEF FINANCIAL OFFICER OF**

**BOISE INC.**

We areproviding this Certificate pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C., Section 1350. It accompanies Boise Inc.’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2009 (the Report).

 

**
 
**

I, Alexander Toeldte, Boise Inc.’s chief executive officer, certify that: 

(i) The Report fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)or 78o(d)); and 

(ii) The information contained in the Report fairly presents, in all material respects, Boise Inc.’s financialcondition and results of operations. 

 

I, Robert M. McNutt, Boise Inc.’s chief financial officer, certify that: 

(i) The Report fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)or 78o(d)); and 

(ii) The information contained in the Report fairly presents, in all material respects, Boise Inc.’s financialcondition and results of operations. 

 

Date: August 5, 2009 

A signed original of this written statement required by Section 906 will be retained by Boise Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
#### John Fraina, Appellant, v. John McLain, Respondent.

Order affirmed, with ten dollars costs and disbursements. All concurred.
EXHIBIT NO. 11

                        ROTARY POWER INTERNATIONAL, INC.
                  COMPUTATION OF INCOME (LOSS) PER COMMON SHARE


                                                   Twelve Months
                                                 Ended December 31,
                                                 1996          1995
                                                 ----          ----

PRIMARY

Shares outstanding,
  beginning of period                         3,391,432     3,269,208

Weighted average number
  of shares issued,
  retired and issuable
  share equivalents                           1,110,833        60,129
                                              ---------     ---------

Weighted average number
  of common and common
  equivalent shares
  outstanding                                 4,502,265     3,329,337
                                              =========     =========

Net loss                                    $(4,970,054)  $(2,326,171)
                                             ==========    ==========

Net loss per
  common share                              $  (1.10)     $   (.70)
                                             ==========    ==========

FULLY DILUTED

Weighted average number
  of common and common
  equivalent shares
  outstanding as
  adjusted to full
  dilution                                    4,502,265     3,421,971
                                              =========     =========

Net loss                                    $(4,970,054)  $(2,326,171)
                                             ==========    ==========

Net loss per
  common share                              $  (1.10)*    $   (.68)*
                                             ==========    =========



*These calculations are submitted in accordance with SEC requirements, although
they are not in accordance with APB Opinion No. 15 because they are
anti-dilutive.
|                                                                       
|-----------------------------------------------------------------------
|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 MASS Petroleum Inc., (the Company) on Form 10-Q for the period ended August 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Vitaly Melnikov, 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, 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 Company.

By: /s/ Vitaly MelnikovVitaly MelnikovChief Financial Officer, Principal Accounting Officer

October 14, 2011



|
|
|
182 La. 500

#### PEEPLES v. LAND.

No. 32976.

Supreme Court of Louisiana.

May 27, 1935.

E. M. Heath, of New Orleans, for appellant.

Stirling Parkerson, of New Orleans, for appellee.

■ ODOM, Justice.

This is an appeal from a judgment ordering defendant to pay alimony. Plaintiff sued her husband for separation from bed and board on June 7, 1933. Defendant excepted to the jurisdiction of the court ra-tione materias and ratione person®. These exceptions were overruled and plaintiff answered, but the suit was never tried on its merits.

On April 9, 1934, plaintiff ruled her husband to show cause why he should not pay alimony pendente lite. Defendant again excepted to the jurisdiction of the court on *57the same grounds, which exceptions were also overruled. On April 26, 1934, defendant was ordered to pay his wife alimony in the sum of $100 per month “until the further orders of the court.” Defendant appealed from the judgment on the rule.

Pending the appeal, and before the suit for separation from bed and board was tried on its merits, defendant applied to this court for writs of certiorari, mandamus, and prohibition in the separation case, which were granted. It was held that the exception to the jurisdiction of the court ratione ma-terias was well founded, and it was maintained. Plaintiff’s suit for separation was dismissed. Peeples v. Land, 181 La. 925, 160 So. 631.

The holding in that case disposes of the issue involved in this one. As the court' had no jurisdiction to entertain the suit for separation, it had none to entertain the rule for alimony.

For the reasons assigned in Peeples v. Land, supra, it is now ordered that the judgment of the trial court overruling the exception to the jurisdiction ratione materias filed in the rule for alimony be reversed, and that the rule be dismissed, at plaintiff’s costs.

LAND, J., recused.
IN THE SUPREME COURT OF THE STATE OF DELAWARE

THOMAS BROWN, §

§

Defendant Below, § No. 303, 2017

Appellant, §

§ Court Below: Superior Court

v. § of the State of Delaware

§

STATE OF DELAWARE, § Cr. ID. 1111021773A & B

§

Plaintiff Below, §

Appellee. §

Submitted: February 14, 2018

Decided: February 15, 2018

Before STRINE, Chief Justice; VAUGHN and TRAYNOR, Justices.

O R D E R

This 15th day of February 2018, it appears to the Court that the judgment of 

the Superior Court should be affirmed on the basis of and for the reasons assigned 

in its opinion dated June 29, 2017.

1

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior 

Court is hereby AFFIRMED.

BY THE COURT:

/s/ Leo E. Strine, Jr.

Chief Justice 

 

1

State v. Brown, Cr. ID. 1111021773A & B (Del. Super. June 29, 2017).
EXHIBIT 32.1

CERTIFICATION OF CHIEF EXECUTIVE 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 Quarterly Report on Form 10-Q of Electric Car Company, Inc. (the Company) for the quarterly period ended September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned Chief Executive Officer of the Company hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that based on his knowledge:

(1)

the 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 Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date: November 24, 2010

| |                                                      
| | -----------------------------------------------------
| |                                                      
| |                                                      
| | /s/ Gary Spaniak                                     
| | Gary Spaniak                                         
| | Chief Executive Officer
(Principal Executive Officer)
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

Case Number 09-20387-BC

Honorable Thomas L. Ludington

 v.

ANTONIO HERNANDEZ JR.,

Defendant.

_______________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING

DEFENDANT’S PLEA OF GUILTY, AND TAKING THE RULE 11 PLEA

AGREEMENT UNDER ADVISEMENT

A plea hearing was conducted on November 3, 2009, by United States Magistrate Judge

Charles E. Binder pursuant to the defendant’s consent. The magistrate judge issued his report on

November 3, 2009, recommending that this Court accept the defendant’s plea of guilty to the sole

count of the indicment. As of today’s date, no party has filed any objections to the magistrate

judge’s report and recommendation. The failure to file objections to the report and recommendation

waives any further right to appeal. Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370,

1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge’s report releases the

Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985).

However, the Court agrees with the findings and conclusions of the magistrate judge.

Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [Dkt

# 15] is ADOPTED.

1:09-cr-20387-TLL-CEB Doc # 17 Filed 11/20/09 Pg 1 of 2 Pg ID 51
-2-

It is further ORDERED that the defendant’s plea of guilty as to the sole count of the

indictment is ACCEPTED, and the Rule 11 Plea Agreement [Dkt. # 14] is taken UNDER

ADVISEMENT.

s/Thomas L. Ludington 

THOMAS L. LUDINGTON

United States District Judge

Dated: November 20, 2009

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on November 20, 2009.

s/Tracy A. Jacobs 

TRACY A. JACOBS

1:09-cr-20387-TLL-CEB Doc # 17 Filed 11/20/09 Pg 2 of 2 Pg ID 52
EXHIBIT 32.1





STATEMENT OF MANAGING DIRECTOR


PURSUANT TO SECTION 1350 OF TITLE 18 OF THE UNITED STATES CODE








Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned, Alan Schaffner, Managing Director of Biofuels Power Corporation (the “Company”), hereby certifies that:





The Company’s Form 10-Q Report for the hree months ended March 31, 2011 (the “Report”) fully complies with the requirements of Section 15(d) of the Securities Exchange Act of 1934; and The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.








/s/ Alan Schaffner


Alan Schaffner, Managing Director


Dated: May 22, 2011
Exhibit 32

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADDED BY

SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of BCSB Bancorp, Inc. (the Company) on Form 10-Q/A for
the quarter ended June 30, 2008 as filed with the Securities and Exchange Commission (the Report), the undersigned hereby certify, pursuant to 18 U.S.C. § 1350, as added by § 906 of the Sarbanes-Oxley Act of 2002, that:



| | (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 Company as of and for the period covered
by the Report.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |                                                     
|----------------------- |  | ----------------------------------------------------
|Date: February 24, 2009 |  | /s/ Joseph J. Bouffard                              
|                        |  | Joseph J. Bouffard                                  
|                        |  | President and Chief Executive Officer               
|                        | 
|Date: February 24, 2009 |  | /s/ Anthony R. Cole                                 
|                        |  | Anthony R. Cole                                     
|                        |  | Executive Vice President and Chief Financial Officer