alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l unani m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T OL E KS AN DRKR AV C HU K, P et i t i on er , v. E R I C H . H O L D E R , J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 08- 74399 A ge nc yN o. A 078- 759- 546 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

an O r de rof

the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d A pr i l 17, 2012 ** B efo re: L E A V Y , P A E Z , an dB E A , C i rcu i tJu d g es. O l e ks andrK r a vc huk, ana t i ve and c i t i z e n of U kr a i ne , pe t i t i ons f

orr e vi e w of the B oard of Im m i grat i on A pp ea l s’ (“ B IA ”) order denyi ng hi s m ot i on t o reopen r e m ova l pr oc e e di ngs . W e ha ve j ur i s di c t i on unde r8 U . S . C . § 1252. W e r e vi e w f or 

# FI LED APR25 2 012 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS08- 74399 2 ab u s e o f d is c r e tio n th e d e n ia l o f am o tio n to r e o p e n , L i n v. H older , 588 F . 3d 981, 9 8 4 ( 9 th C i r . 2 0 0 9 ) , an dwe d e n yth e p e t i t i o n f o rr e v i e w. T h e B I A d idn o t ab u s e its d is c r e tio n in d e n y in g K r a v c h u k ’s m o tio n to re op en as un t i m el y bec ause the m ot i on w as fi l ed four ye ar s a ft erthe B IA ’ s f i nal d e c is io n , se e 8 C .F .R . § 1 0 0 3 .2 ( c ) , an dK r a v c h u kd idn o t e s tab lis h p r im af a c ie e lig ib ilityf

o rr e lie f , se e T ou f i gh iv. Mukasey , 538 F . 3d 988, 996- 97 ( 9th C i r . 2008) ( e vi de nc e m us tde m ons tr a t e pr i m af a c i e e l i gi bi l i tyf

orr e l i e f w arr ant i ng r e ope ni ng base d o n chang ed coun trycond i t i on s) . T o th e e x te n t K r a v c h u kc h a lle n g e s th e B I A ’s u n d e r ly in g o r d e rs u m m ar ily a f f i rmi n g an i mmi g r a t i o n j u d g e ’ s d e c i s i o n d e n y i n g h i s ap p l i c a t i o n f o ra s y l u m, wi th h o l d i n g o f

r e m o v a l , an dp r o t e c t i o n u n d e rth e C o n v e n t i o n Ag a i n s tT o rtu r e , we d e c lin e to c o n s id e rh is c o n te n tio n s b e c au s e th e c o u rt p r e v io u s lyr e je c te dth e m in Kravc hu k v . Mukasey , 2 6 3 F . A p p ’x 5 9 9 ( 9 th C ir . 2 0 0 8 ) . See Merri t t v. M acke y , 9 3 2 F . 2 d1 3 1 7 , 1 3 2 0 (9 th C i r. 1 9 9 1 ) (ex p l ai n i n g th atu n d er th e “ l aw o f th e case do ctri ne, ” one panel of an appel l at e c ou rtw i l l no tre consi der quest i on s w hi ch another panel has dec i ded o n a pri or appeal i n the sam e c as e) . P E T I T I ON F OR RE V I E W DE NI E D.
Exhibit 32.1

SECTION 906 CERTIFICATION

In connection with the Annual Report on Form 10-K of Porter
Bancorp, Inc. (the Company) for the annual period ended December 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Maria L. Bouvette, Chief Executive Officer of the
Company, do hereby certify, in accordance with 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 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |  |  |                      |  |                        
|--------------------- |  |  |  | -------------------- |  | -----------------------
|                      |  |  |  | PORTER BANCORP, INC.
|                      |  |  | 
|Dated: March 27, 2008 |  |  |  | By:                  |  | /s/ Maria L. Bouvette  
|                      |  |  |  |                      |  | Maria L. Bouvette      
|                      |  |  |  |                      |  | Chief Executive Officer



82
Exhibit 13.1


CERTIFICATION


PURSUANT TO RULE 13A-14(B)
UNDER THE SECURITIES EXCHANGE ACT OF 1934





In
connection with the Annual Report of Hollysys Automation Technologies Ltd. (the
“Company”) on Form 20-F for the year ended June 30, 2009, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Changli
Wang, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
1350, 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 of the Company as of June 30, 2009 and results of
operations of the Company for the year ended June 30, 2009.





/s/ Changli WangName:
              Changli
      WangTitle:
                Date:
              Chief
      Executive Officer
                September
      30, 2009





The
foregoing certification is being furnished solely pursuant to 18 U.S.C. Section
1350 and is not being filed as part of this Annual Report or as a separate
disclosure document.
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 Annual Report of Calpine Corporation (the Company) on Form 10-K for the period
ending December 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned does hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his or her knowledge, based upon a review of the Report:

(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 operation of the Company.



|                                                          |  |  |  |                                                                                   
|--------------------------------------------------------- |  |  |  | ----------------------------------------------------------------------------------
|                                                          |  |  |  |                                                                                   
|                                                          |  | 
|/s/ ROBERT P. MAY                                         |  |  |  | /s/ LISA DONAHUE                                                                  
|Robert P. May Chief Executive Officer Calpine Corporation |  |  |  | Lisa Donahue Senior Vice President and Chief Financial Officer Calpine Corporation

Dated: February 28, 2008

A signed original of this written statement required by Section 906 has been provided to Calpine Corporation and will be retained by Calpine Corporation and furnished to the Securities and Exchange Commission or
its staff upon request.
#### Joseph Cannella and Stephen Cannella, Respondents, v. Selig Seligman, Appellant, Impleaded with Abraham Sugarman, Defendant.

Judgment of the Municipal Court affirmed by default, with costs. Woodward, Jenks, Hooker, Gaynor and Miller, ¿TJ., concurred.
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
Annual Report of Riverbed Technology, Inc. (the Company) on Form 10-K for the year ended December 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), Jerry M. Kennelly, as
President and Chief Executive Officer of the Company, and Randy S. Gottfried, as Chief Financial Officer of the Company, each hereby certifies, 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 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.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                       |  |                                                                     
|---------------------- |  | --------------------------------------------------------------------
|Date: February 8, 2007 |  | /S/    JERRY M. KENNELLY                                            
|                       |  |                                                                     
|                       |  | Jerry M. Kennelly                                                   
|                       |  | President and Chief Executive Officer (Principal Executive
Officer) 
|                       | 
|Date: February 8, 2007 |  | /S/    RANDY S. GOTTFRIED                                           
|                       |  |                                                                     
|                       |  | Randy S. Gottfried                                                  
|                       |  | Chief Financial Officer (Principal Financial and Accounting
Officer)

A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002
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.
<PAGE>
 
                                                                    EXHIBIT 11.1

                OSHMAN'S SPORTING GOODS, INC. AND SUBSIDIARIES
        COMPUTATION OF EARNINGS PER COMMON AND COMMON EQUIVALENT SHARE
                                  (UNAUDITED)
                   (in thousands, except for per share data)
<TABLE> 
<CAPTION> 

                                             THREE MONTHS ENDED    THREE MONTHS ENDED    NINE MONTHS ENDED    NINE MONTHS ENDED
                                              NOVEMBER 1, 1997      NOVEMBER 2, 1996     NOVEMBER 1, 1997     NOVEMBER 2, 1996
                                             ------------------    ------------------    -----------------   --------------------
                                                        FULLY                 FULLY                 FULLY                  FULLY
                                             PRIMARY   DILUTED     PRIMARY   DILUTED      PRIMARY  DILUTED     PRIMARY    DILUTED
                                             -------  ---------    -------   ---------    -------  ---------   --------  --------
<S>                                          <C>       <C>         <C>       <C>          <C>      <C>          <C>       <C> 
NET EARNINGS(LOSS)                           $ 1,588  $   1,588    $(2,895)  $  (2,895)   $   319  $     319   $(12,157) $(12,157) 
                                             =======  =========    =======   =========    =======  =========   ========  ========


WEIGHTED AVERAGE NUMBER OF COMMON              
 SHARES OUTSTANDING                            5,830      5,830      5,830       5,830      5,830      5,830      5,828     5,828


EXCESS OF SHARES ISSUABLE UPON
 EXERCISE OF STOCK OPTIONS OVER
 SHARES DEEMED RETIRED UNDER THE               
 "TREASURY STOCK" METHOD                         131        131          -           -        101        101          -         -
                                             -------  ---------    -------   ---------    -------  ---------   --------  --------


WEIGHTED AVERAGE NUMBER OF COMMON
 AND DILUTIVE COMMON EQUIVALENT                
 SHARES OUTSTANDING                            5,961      5,961      5,830       5,830      5,931      5,931      5,828     5,828
                                             =======  =========    =======   =========    =======  =========   ========  ========


   EARNINGS(LOSS) PER COMMON AND
    COMMON EQUIVALENT SHARE                  $   .27  $     .27    $  (.50)  $    (.50)   $   .05  $     .05   $  (2.09) $  (2.09)
                                             =======  =========    =======   =========    =======  =========   ========  ========

</TABLE>
### **Exhibit 32.2**

 

**SARBANES-OXLEY ACT SECTION 906CERTIFICATION**

In connection with this annual report on Form 10-KSBof Premier Commercial Bancorp (the “Company”); for the period ended December 31, 2006, I, Viktor R. Uehlinger,Executive Vice President and Chief Financial Officer of the Company, herebycertify pursuant to 18 U.S.C. §1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that:

1.             ThisForm 10-KSB for the period ended December 31, 2006 fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

2.             Theinformation contained in this Form 10-KSB for the period ended December 31,2006 fairly presents, in all material respects, the financial condition andresults of operations of the Company.

Date: March 30, 2007
|        | By:    | /s/ Viktor R. Uehlinger                                                             |
|--------|--------|-------------------------------------------------------------------------------------|
|   |   |      Viktor R. Uehlinger                                   |
|   |   |      Executive Vice  President and Chief Financial Officer |

 

 

----
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>

THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS AND NOTES INCLUDED IN THIS FORM 10-Q AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                           1,126
<SECURITIES>                                     9,263
<RECEIVABLES>                                   81,101
<ALLOWANCES>                                         0
<INVENTORY>                                     14,810
<CURRENT-ASSETS>                               111,399
<PP&E>                                         274,851
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 433,178
<CURRENT-LIABILITIES>                          101,539
<BONDS>                                        191,562
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        99,360
<OTHER-SE>                                      38,883
<TOTAL-LIABILITY-AND-EQUITY>                   433,178
<SALES>                                        106,711
<TOTAL-REVENUES>                               106,595
<CGS>                                           98,665
<TOTAL-COSTS>                                  116,368
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,826
<INCOME-PRETAX>                                (9,773)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (9,773)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (9,773)
<EPS-BASIC>                                     (0.60)
<EPS-DILUTED>                                   (0.60)


</TABLE>
#### In the Matter of Oscar J. Hochstader.

Reference ordered. Settle order on notice.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JEFFREY ALAN RISCHE,

Petitioner

- Appellant,

v.

COMMISSIONER OF INTERNAL
REVENUE,

Respondent

- Appellee. No. 23

- 70011

Tax Ct. No. 1617

- 19

MEMORANDUM *

Appeal from a Decision of the

United States Tax Court

Submitted January 24 , 202 4 * *

Before: BENNETT, BADE, and COLLINS, Circuit Judges.

Jeffrey Al a

n Rische appeals pro se from the t ax c ourt’s denial of his motion

for summary judgment and grant of summary judgment in favor of the

Commissioner of Internal Revenue. Rische also appeals the tax court’s imposition

of sanctions under 26 U.S.C. § 6 673

. We have jurisdiction under 26 U.S.C.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

JAN 24 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2

§ 7482(a)( 1). We review the tax court’s grant and denial of summary judgment de

novo

. Sollberger v. Comm’r , 691 F.3d 1119, 1123 (9th Cir. 2012). The tax court’s

decision to award sanctions is reviewed for abuse of discretion. Liti v. Comm’r , 289

F.3d 1103, 1105 (9th Cir. 2002). We affirm.

The tax court properly granted summary judgment to the Commissioner,

because Rische failed to raise a genuine dispute of material fact as to the amount of

his income in 2015 or the taxability of earnings he received in exchange for services

he performed, and his arguments were frivolous

. See Grimes v. Comm’r , 806 F.2d

1451, 1453 (9th Cir. 1986) (reiterating that tax on income is constitutional and

earnings fall within the meaning of taxable income). The tax court properly imposed

sanctions on Rische for h is continued presentation of frivolous arguments. See

Olson v. United States , 760 F.2d 1003, 1005 (9th Cir. 1985) (affirming penalty for

filing a frivolous “zero income” return).

As to the Commissioner’s motion for sanctions, the Commissioner represents

the requested lump

- sum sanction of $8,000 is reasonable in light of the average cost

the Tax Division of the Department of Justice incurred in litigating similar frivolous

taxpayer appeals from 2009

- 2011. Rische does not contest the reasonableness of

$8,000 , nor does he present any argument as to the Commissioner’s calculation of

an appropriate sanction. As we have held in the past, a sanction in the amount of

$8,000 is reasonable and appropriate. See Banister v. Comm’r , 664 F. App’x 673

,3

674 (9th Cir. 2016) (granting motion for $8,000 in sanctions); Carlson v. Comm’r

,

604 F. App’x 628 (9th Cir. 2015) (same); Bates v. United States , 401 F. App’x 247,

248 (9th Cir. 2010) (same). The refore, the Commissioner’s July 31, 2023 motion

for $8,000 in sanctions is granted. See Fed. R. App. P. 38; Grimes , 806 F.2d at 1454

(“Sanctions are appropriate when the result of an appeal is o b vious and the

arguments of error are wholly without merit .”).

AFFIRMED.
#### John M. TATE v. GEORGE A. FULLER & CO. et al.*

No. 1025.

Court of Appeal of Louisiana, First Circuit.

Jan. 24, 1933.

For former opinion, see 143 So. 550.

Chas. A. Holcombe, of Baton Rouge, for appellants.

Daspit & Huckabay, of Baton Rouge, for appellee.

*

Writ of certiorari denied Feb. 25, 1933.

LE BLANC, J.

In their brief in support of their application for rehearing, counsel for plaintiff call attention to what they refer to as error committed by the court in finding that the plaintiff only started to drink after the escapade recited by him in detail on cross-examination and commented on in the opinion. Suffice it to say that after carefully reading the record over again, we find that plaintiff’s testimony on this point is susceptible of the interpretation which we have placed upon it. The point is not an issue in the case however, and the decision does not depend on it. We referred to the matter, merely for the purpose of giving our appraisal of the plaintiff’s character and our appreciation of his testimony as a whole.

The application otherwise presents nothing that we have not considered as vital in the case and is not mentioned in the opinion. We are not unmindful at all of the great weight which attaches to the finding of a trial judge on questions of fact, but are none the less conscious of our duty to set. aside his *387finding, when, in our opinion, we honestly feel that he has fallen into error. To uphold! the finding in this ease, we would, as stated in the opinion, have to accept the testimony of only one expert witness and discard that, not only of the several other experts who testified, but ■ also of the attending physician who first saw the plaintiff at the time of his injury. This, we cannot do and render justice as we think should be done.

' The application will therefore be denied.
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 Annual Report of STW Resources Holding Corp. (the “Company”) on Form 10-K/A for the fiscal year ended December 31, 2012 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Stanley Weiner, Chief Executive Officer and Principal Financial Officer of the Company, certifies, pursuant to 18 U.S.C. section 1350 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.








Date:  October 18, 2013
By:
/s/ Stanley WeinerStanley Weiner

Chief Executive Officer and Principal Financial Officer








A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement 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.
Exhibit 32






CERTIFICATIONS UNDER SECTION 906






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 Chyron Corporation, a New York corporation (the "Company"), does hereby certify, to such officer's knowledge, that:






The Annual Report for the year ended December 31, 2010 (the "Form 10-K") of the Company fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Company.













Dated:
March 23, 2011

/s/ Michael Wellesley-WesleyMichael Wellesley-WesleyPresident andChief Executive OfficerDated:
March 23, 2011

/s/ Jerry KieliszakJerry KieliszakSenior Vice President andChief Financial Officer
#### Rodney BRIGHT, Petitioner, v. U.S. COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR D.C., Respondent.

No. 02-3367.

United States Court of Appeals, Federal Circuit.

Oct. 29, 2002.

Order Vacated, See 2002 WL 31684808.

ORDER

The petitioner having failed to file the required Statement Concerning Discrimination, it is

ORDERED that the petition for review be, and the same hereby is, DISMISSED, for failure to prosecute in accordance with the rules.