alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10(e)(xvi)
September 3, 1996

Mr. William L. Flaherty
Gibson Greetings, Inc.
2100 Section Road
Cincinnati, OH  45237

Dear Bill:

     You  have  notified  us  that  you  will  be voluntarily terminating your
employment effective as  of September 15,  1996.  Pursuant  to your Employment
Agreement, your right to all compensation ceases as of the date of termination
and your Employment Agreement terminates with the exception of the  provisions
of  paragraph  13  (noncompete),  paragraph  14  (which  is  not  applicable),
paragraph 15 (confidentiality), and paragraph 16 (rights and provisions  under
certain benefit plans)  and which remain  in effect as  provided therein.   In
addition to these provisions, you agree to advise, cooperate and consult  with
the Company during the  next six months with  respect to its ongoing  business
matters and during the pendency of litigation with respect to the defense  and
prosecution of  all litigation  involving the  Company which  (a) is presently
outstanding or (b) may be brought  in the future and involves matters  arising
during  the  course  of  your  employment  with  Gibson.  You also agree to be
available at reasonable times in  Cincinnati for such advice and  consultation
with normal Gibson reimbursement for  travel expenses.  In certain  litigation
matters you also are  a named defendant and  the defense that the  Company has
furnished you through  the law firm  of Taft, Stettinius  & Hollister will  be
continued.

     You have rendered significant service to the Company, and in  recognition
of that service and the fact that there will be additional time commitments on
your part  as provided  herein, Gibson  agrees (a)  at the  time of payment of
Gibson employee incentive bonuses in the Spring of 1997 to pay to you the  sum
of $100,000.00  and (b)  forthwith to  sell to  you for  $1.00 the  automobile
currently furnished to you by the Company.

     In the interest  of confidentiality, any  statements relating to  matters
covered by this Agreement will be subject to prior approval by the Company.

     If the foregoing  is satisfactory to  you, please execute  both copies of
this letter agreement and return one of them to the undersigned.


                                            Yours truly,

                                            GIBSON GREETINGS, INC.

                                            By: /s/ Frank O'Connell
                                                ---------------------
AGREED:
 /s/ William L. Flaherty
 ------------------------
                                     -70-
PAGE
<PAGE>
B.2. Delinquent Non-real-estate Farm Loans Held by Insured Commercial Banks

Share of outstanding farm production

Estimated volume (billions of dollars) loans (percent)

Nonperforming Nonperforming 

Past due Past due

30 to 89 Past due 30 to 89 Past due

days, 90 days, Non- days, 90 days, NonPeriod Total accruing Total accruing accruing Total accuring Total accruing accruing

1996...... 1.0 .5 .5 .1 .4 2.4 1.2 1.3 .3 1.0

1997...... .9 .4 .5 .1 .4 2.0 .9 1.1 .2 .9

1998...... 1.0 .5 .5 .1 .4 2.2 1.0 1.2 .3 .9

1999...... .9 .3 .6 .1 .5 2.1 .8 1.3 .2 1.1

2000...... 1.0 .4 .6 .1 .5 2.1 .9 1.2 .2 1.0

2001...... 1.3 .5 .7 .1 .6 2.7 1.2 1.5 .2 1.3

2002...... 1.2 .5 .7 .1 .6 2.6 1.0 1.6 .3 1.3

2003...... 1.0 .4 .7 .1 .5 2.3 .8 1.5 .3 1.2

2004...... .8 .3 .5 .1 .4 1.6 .5 1.0 .2 .9

2005...... .6 .3 .3 .1 .3 1.3 .6 .7 .2 .5

2006...... .7 .4 .3 .1 .3 1.3 .7 .6 .1 .5

1999: Q4... .9 .3 .6 .1 .5 2.1 .8 1.3 .2 1.1

2000: Q1... 1.3 .6 .6 .2 .5 3.0 1.5 1.5 .4 1.1

 Q2... 1.0 .4 .6 .1 .4 2.2 .9 1.3 .3 1.0

 Q3... .9 .3 .6 .1 .5 1.9 .7 1.2 .2 1.0

 Q4... 1.0 .4 .6 .1 .5 2.1 .9 1.2 .2 1.0

2001: Q1... 1.7 1.0 .8 .2 .6 3.9 2.2 1.7 .4 1.3

 Q2... 1.4 .6 .8 .2 .6 2.9 1.2 1.8 .4 1.3

 Q3... 1.3 .5 .8 .2 .7 2.8 1.0 1.8 .4 1.4

 Q4... 1.3 .5 .7 .1 .6 2.7 1.2 1.5 .2 1.3

2002: Q1... 1.7 .9 .8 .2 .6 3.9 2.1 1.8 .4 1.4

 Q2... 1.4 .5 .8 .2 .6 2.9 1.2 1.8 .5 1.3

 Q3... 1.3 .4 .8 .2 .6 2.7 .9 1.8 .4 1.4

 Q4... 1.2 .5 .7 .1 .6 2.6 1.0 1.6 .3 1.3

2003: Q1... 1.7 .9 .8 .2 .6 4.0 2.1 1.9 .4 1.5

 Q2... 1.4 .5 .9 .2 .7 3.1 1.1 2.0 .5 1.5

 Q3... 1.2 .4 .8 .2 .6 2.7 .9 1.8 .4 1.4

 Q4... 1.0 .4 .7 .1 .5 2.3 .8 1.5 .3 1.2

2004: Q1... 1.3 .6 .7 .2 .5 3.0 1.3 1.6 .4 1.2

 Q2... .9 .3 .6 .1 .5 2.1 .7 1.3 .3 1.0

 Q3... .8 .3 .5 .1 .4 1.7 .6 1.1 .2 .9

 Q4... .8 .3 .5 .1 .4 1.6 .5 1.0 .2 .9

2005: Q1... 1.0 .5 .5 .1 .4 2.3 1.2 1.1 .3 .9

 Q2... .8 .3 .5 .1 .4 1.6 .6 1.0 .3 .8

 Q3... .7 .3 .4 .1 .3 1.3 .5 .8 .2 .6

 Q4... .6 .3 .3 .1 .3 1.3 .6 .7 .2 .5

2006: Q1... .9 .5 .4 .1 .3 1.8 1.1 .8 .2 .5

 Q2... .7 .3 .4 .1 .2 1.3 .6 .7 .2 .5

 Q3... .6 .3 .4 .1 .3 1.2 .5 .7 .2 .5

 Q4... .7 .4 .3 .1 .3 1.3 .7 .6 .1 .5

2007: Q1... 1.0 .6 .4 .1 .3 1.9 1.1 .8 .3 .5

 Note. Data are estimates of the national totals for non-real-estate farm loans. Reported amounts are adjusted to exclude foreign

results for large banks that report farm delinquencies on a consolidated basis and for small banks that are allowed to report

delinquencies according to their internal definition of agricultural loans. Yearly data are as of December 31. Quarterly data

are as of end of quarter.

22
UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

St. Paul’s School

v. Civil No. 08-cv-202-JL

Fred C. Church, Inc.

O R D E R

As I currently sit on the St. Paul’s School Advanced Studies

Program Advisory Board, I hereby recuse myself from presiding

over this case.

SO ORDERED.

 

Joseph N. Laplante

United States District Judge

Dated: July 21, 2008

cc: Wilbur A. Glahn, III, Esq.

Jessica M. Farrelly, Esq.

William D. Chapman, Esq.

Maureen E. Lane, Esq.

Case 1:08-cv-00202-MML Document 8 Filed 07/21/08 Page 1 of 1
H. R. 2115 

One Hundred Seventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the twenty-third day of January, two thousand and two 

An Act 

To amend the Reclamation Wastewater and Groundwater Study and Facilities 

Act to authorize the Secretary of the Interior to participate in the design, planning, 

and construction of a project to reclaim and reuse wastewater within and outside 

of the service area of the Lakehaven Utility District, Washington. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. AUTHORIZATION OF LAKEHAVEN, WASHINGTON, WASTEWATER RECLAMATION AND REUSE PROJECT. 

The Reclamation Wastewater and Groundwater Study and 

Facilities Act (Public Law 102–575, title XVI; 43 U.S.C. 390h et 

seq.) is amended by adding at the end the following: 

‘‘SEC. 1635. LAKEHAVEN, WASHINGTON, WATER RECLAMATION AND 

REUSE PROJECT. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 

Lakehaven Utility District, Washington, is authorized to participate 

in the design, planning, and construction of, and land acquisition 

for, a project to reclaim and reuse wastewater, including degraded 

groundwaters, within and outside of the service area of the 

Lakehaven Utility District. 

‘‘(b) COST SHARE.—The Federal share of the cost of the project 

authorized by this section shall not exceed 25 percent of the total 

cost of the project. 

‘‘(c) LIMITATION.—The Secretary shall not provide funds for 

the operation and maintenance of the project authorized by this 

section.’’. 


hsrobinson on PROD1PC72 with BILLS
H. R. 2115—2 

SEC. 2. CLERICAL AMENDMENT. 

The table of sections in section 2 of such Act is amended 

by inserting after the item relating to section 1634 the following: 

‘‘Sec. 1635. Lakehaven, Washington, Water Reclamation and Reuse Project.’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate. 


hsrobinson on PROD1PC72 with BILLS
38

C.5. Average Variable Interest Rates on Farm Loans

Percent

Other operating Intermediate non-real- Long-term real

Quarter loans1estate loans estate loans

 Ninth (Minneapolis) Federal Reserve District (MI*, MN, MT, ND, SD, WI*)

2003: Q3... 6.2 6.1 5.7

 Q4... 6.1 6.1 5.7

2004: Q1... 6.3 6.3 5.8

 Q2... 6.4 6.3 6.0

 Q3... 6.6 6.5 6.2

 Q4... 6.8 6.8 6.4

2005: Q1... 7.1 7.1 6.7

 Q2... 7.4 7.3 6.9

 Q3... 7.7 7.7 7.2

 Tenth (Kansas City) Federal Reserve District (CO, KS, MO*, NE, NM*, OK, WY)

2003: Q3... 6.7 6.6 6.1

 Q4... 6.7 6.6 6.2

2004: Q1... 6.7 6.6 6.1

 Q2... 6.7 6.6 6.1

 Q3... 7.3 6.8 6.4

 Q4... 7.3 7.1 6.6

2005: Q1... 7.5 7.3 6.8

 Q2... 7.7 7.5 7.0

 Q3... 8.1 7.9 7.3

 Twelfth (San Francisco) Federal Reserve District (AL, AZ, CA, HI, ID, NV, OR, UT, WA)

2003: Q3... 5.1 5.3 5.6

 Q4... 4.6 4.9 5.7

2004: Q1... 5.8 6.2 6.3

 Q2... 6.0 6.2 6.6

 Q3... 6.2 6.6 6.8

 Q4... 6.7 7.0 6.9

2005: Q1... 7.1 7.3 7.3

 Q2... 7.4 7.7 7.5

 Q3... 7.9 8.0 7.8

 1. Loans used primarily to finance such items as current crop production expenses and the care and

feeding of livestock (including poultry).

 * State falls only partly within the indicated Reserve District.

 n.a. Not available.

 Source. Federal Reserve Bank quarterly surveys of agricultural credit conditions at commercial banks.
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2048 Enrolled Bill (ENR)]

        H.R.2048

                      One Hundred Seventh Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
          the twenty-third day of January, two thousand and two

                                 An Act

 
  To require a report on the operations of the State Justice Institute.

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

SECTION 1. REPORT BY ATTORNEY GENERAL ON STATE JUSTICE INSTITUTE.

    Section 213 of the State Justice Institute Act of 1984 (42 U.S.C. 
10712) is amended by striking ``On October 1, 1987'' and inserting 
``Not later than October 1, 2002''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
1

UNITED STATES DISTRICT COURT 

FOR THE 

DISTRICT OF NEW HAMPSHIRE 

___________________________________ 

SHERRILL L. WHITE, ) 

 Plaintiff, ) 

 ) 

 v. ) 08-CV-206-JL 

 ) 

MARK L. SISTI, ESQ., ) 

 Defendant. ) 

____________________________________) 

MOTION FOR JUDGMENT ON THE PLEADINGS

The Defendant, Mark L. Sisti, Esq. (“Attorney Sisti”), by and through his attorneys, Nelson, 

Kinder, Mosseau & Saturley, PC, submits this Motion for Judgment on the Pleadings pursuant to Federal 

Rule of Civil Procedure 12(c). 

1. For reasons set forth in the Memorandum of Law in Support of this Motion submitted on 

even date and incorporated herein by reference, see Local Rule 7.1(a)(2), the Plaintiff’s claims are barred 

as a matter of law and the Second Amended Complaint must be dismissed. 

2. As this is a dispositive motion, counsel has not sought the plaintiff’s concurrence. Local 

Rule 7.1(c). 

WHEREFORE, Attorney Mark L. Sisti respectfully requests that this Honorable Court: 

A. Grant Judgment on the Pleadings in his favor; and 

 B. Grant such other and further relief as it deems just and proper. 

Case 1:08-cv-00206-JL Document 21 Filed 04/16/09 Page 1 of 2
2

Respectfully submitted, 

 MARK L. SISTI, ESQ., 

 By his attorneys, 

 NELSON, KINDER, MOSSEAU & 

 SATURLEY, PC, 

Dated: April 16, 2009 /s/ Christopher D. Hawkins

 Christopher D. Hawkins, Esq. 

Bar No. 10005 

 99 Middle Street 

 Manchester, NH 03101 

 (603)647-1800 

 (603)647-1900 

 chawkins@nkms.com

CERTIFICATE OF SERVICE

 I, Christopher D. Hawkins, Esquire, hereby certify that on April 16, 2009, the foregoing 

was mailed first class postage prepaid to Sherrill White. 

Dated: April 16, 2009 /s/ Christopher D. Hawkins, Esquire 

 Christopher D. Hawkins, Esquire 

Case 1:08-cv-00206-JL Document 21 Filed 04/16/09 Page 2 of 2
#### In the Matter of State-Wide Insurance Company, Respondent, v Tamey Womble, Appellant.

[811 NYS2d 707]

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Kings County (Jones, J.), dated June 22, 2005, which, in effect, granted the petition.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the petition is denied, and the proceeding is dismissed.

The petitioner received notice of the subject uninsured motorist claim in October 2003, and reserved its right at such time to secure the appellant’s statement under oath and to have the appellant submit to a physical examination. A period of 17 months elapsed between the time of the petitioner’s receipt of the appellant’s uninsured motorist claim and the time of the appellant’s service of the demand for arbitration. However, the record is devoid of any evidence that the petitioner forwarded to the appellant any correspondence requesting a statement, physical examination, or demand for authorizations during that time. The petitioner subsequently sought to permanently stay arbitration *714on the ground that the appellant failed to supply authorizations for medical, hospital, and employment records, and failed to submit to an examination under oath and to a physical examination.

The petitioner had ample time to seek discovery before commencing this proceeding and unjustifiably failed to do so *(see Matter of Government Empls. Ins. Co. v Rosenfarb,*306 AD2d 478 [2003]; *Matter of Allstate Ins. Co. v Miles,*280 AD2d 472 [2001]; *Matter of Allstate Ins. Co. v Faulk,*250 AD2d 674 [1998]; *Matter of Allstate Ins. Co. v Urena,*208 AD2d 623 [1994]). Therefore, the Supreme Court erred, in effect, in granting the petition.

The appellant’s remaining contention is academic in light of our determination. Cozier, J.P., Goldstein, Fisher and Dillon, JJ., concur.
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 208 Introduced in House (IH)]

107th CONGRESS
  1st Session
                                H. R. 208

  To direct the Secretary of the Treasury to determine and report to 
 Congress an appropriate tax incentive to encourage individuals other 
  than members of the Armed Forces to participate as members of honor 
                    guards at funerals for veterans.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2001

 Mr. Sweeney introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
  To direct the Secretary of the Treasury to determine and report to 
 Congress an appropriate tax incentive to encourage individuals other 
  than members of the Armed Forces to participate as members of honor 
                    guards at funerals for veterans.

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

SECTION 1. REPORT ON TAX INCENTIVE FOR PARTICIPATION IN AN HONOR GUARD 
              AT FUNERALS FOR VETERANS.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of the Treasury shall submit to Congress a report setting 
forth a plan for an appropriate tax incentive to encourage individuals 
other than members of the Armed Forces to participate as members of 
honor guards at funerals for veterans.
                                 <all>
```
Release dates | Full version (300 KB PDF)Actions by the Board | Actions   under delegated authority  Applications and reports:Boston |New York |Philadelphia |Cleveland |Richmond |AtlantaChicago |St. Louis |Minneapolis |Kansas City |Dallas |San FranciscoDistrict: 10Federal Reserve Bank of: Kansas CityFilings received during the week ending February 7, 2009FilerFiling TypeFiling ProposalEnd of Comment PeriodBANNER COUNTY BAN CORPORATION                                                                                           * 3A3Banner County Ban Corporation, Harrisburg, Nebraska, to acquire 100 percent of the voting shares of Cowboy State Bank, Ranchester, Wyoming.Newspaper: Not availableFederal Register: 03/06/2009HULETT BANCORP                                                                                                          * 3A1Hulett Bancorp, to become a bank holding company through the acquisition of 100 percent of the voting shares of Summit National Bank, both in Hulett, Wyoming.Newspaper: 02/21/2009Federal Register: 03/02/2009PLATTE VALLEY BANK                                                                                                      * 18CPlatte Valley Bank, Torrington, Wyoming, to purchase certain assets and assume certain liabilities of the Casper, Wyoming branch of Bank of Wyoming, Thermopolis, Wyoming.Newspaper: Not availableFederal Register: Not applicableTOWNSEND FINANCIAL CORPORATION                                                                                          3A1Townsend Financial Corporation, to become a bank holding company through the acquisition of 100 percent of the voting shares of Bank of Grove, both in Grove, Oklahoma.Newspaper: Not applicableFederal Register: Not applicable
33

C.2. Expected Farm Loan Volume for the Next Quarter, Compared with a Year EarlierPercent

Purpose of loan

Total Feeder cattle Dairy Crop storage Operating 

Quarter Lower Same Higher Lower Same Higher Lower Same Higher Lower Same Higher Lower Same Hig

Seventh (Chicago) Federal Reserve District (IL*, IN*, IA, MI*, WI*)

2007: Q4... 16 42 41 27 67 6 9 80 11 5 62 33 18 32 

2008: Q1... 20 46 34 41 55 4 17 77 6 8 59 33 19 35  Q2... 26 49 25 45 52 3 22 72 6 10 56 34 26 36  Q3... 18 37 45 31 64 4 19 76 5 13 67 20 8 35  Q4... 16 41 43 28 72 1 13 77 10 19 67 14 7 30 2009: Q1... 15 54 32 34 63 3 21 69 10 21 68 11 9 41  Q2... 30 49 21 42 56 2 32 57 11 26 62 12 21 47  Q3... 24 54 22 38 58 5 33 61 6 21 59 19 17 43  Q4... 20 58 21 30 65 4 26 67 7 20 63 17 20 47 

Eleventh (Dallas) Federal Reserve District (LA*, NM*, TX)

2007: Q4... 11 63 26 16 71 13 7 90 3 8 76 16 8 64 

2008: Q1... 22 57 21 29 65 6 11 86 4 17 76 7 19 55  Q2... 21 56 23 40 53 8 13 85 2 8 78 14 15 51  Q3... 15 71 15 31 65 4 11 89 0 13 74 13 11 58  Q4... 38 52 10 47 48 5 19 69 6 23 71 6 22 52 2009: Q1... 30 59 11 41 56 3 17 74 4 15 77 8 16 65  Q2... 33 58 9 33 64 3 22 67 6 10 87 3 22 61  Q3... 36 56 8 38 60 2 26 67 2 21 70 4 27 61  Q4... 33 58 10 27 67 5 25 68 2 16 77 2 24 63 

Fifth (Richmond) Federal Reserve District (MD, NC, SC, VA, WV*)

2007: Q4... 39 56 6 33 67 0 31 69 0 24 76 0 17 61 

2008: Q1... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a.  Q2... 25 56 19 20 73 7 21 71 7 19 56 25 13 75  Q3... 60 33 7 36 64 0 46 54 0 29 64 7 40 47  Q4... 56 38 6 43 57 0 50 50 0 36 50 14 50 38 2009: Q1... 41 53 6 33 67 0 47 53 0 35 59 6 35 55  Q2... 67 33 0 53 40 7 53 40 7 35 59 6 44 44  Q3... 75 13 13 57 36 7 50 36 14 38 44 19 31 44  Q4... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a.  * State falls only partly within the indicated Reserve District. Source. Federal Reserve Bank quarterly surveys of agricultural credit conditions at commercial banks.
2006 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

2-7-2006

In Re: Johnny Lopez

Precedential or Non-Precedential: Non-Precedential

Docket No. 06-1108

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2006

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2006 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"In Re: Johnny Lopez " (2006). 2006 Decisions. Paper 1625.

http://digitalcommons.law.villanova.edu/thirdcircuit_2006/1625
1

HPS-24 (January 2006) NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

NO. 06-1108

________________

IN RE: JOHNNY LOPEZ,

 Petitioner

____________________________________

On Petition for a Writ of Mandamus from the 

United States District Court for the 

District of Delaware

(Related to D. Del. Civ. No. 05-cv-00019)

_____________________________________

Submitted Under Rule 21, Fed. R. App. P.

January 27, 2006

Before: CHIEF JUDGE SCIRICA, WEIS AND GARTH, CIRCUIT JUDGES 

 (Filed: February 7, 2006) 

_______________________

 OPINION

_______________________

PER CURIAM.

Johnny Lopez has filed a mandamus petition pursuant to 28 U.S.C. § 1651,

seeking to have this Court instruct the United States District Court for the District of

Delaware to compel respondents in the underlying habeas corpus proceeding to “produce

evidence” used to secure a search of his home and subsequently convict him of a drug

trafficking offense in 2003.
The writ of mandamus is an extraordinary remedy. To justify the Court’s

use of this remedy, a petitioner must demonstrate that he has a clear and indisputable right

to issuance of the writ. Kerr v. United States District Court, 426 U.S. 394, 403 (1976);

DeMasi v. Weiss, 669 F.2d 114, 117 (3d Cir. 1982). No such showing has been made in

the instant case. A review of the record in the underlying proceeding shows that the state

court record was filed in the District Court on August 1, 2005. If Lopez believes that the

state court record is incomplete, he is certainly free to bring that concern to the District

Court’s attention. Any challenge to the actual state court conviction that is the subject of

the petition filed pursuant to 28 U.S.C. § 2254, however, must first be resolved by the

District Court. Lopez will have an opportunity for appellate review in this Court after the

District Court has entered a final order disposing of his § 2254 petition.

Accordingly, we will deny the petition.

2
29

B.9. Number of Agricultural Bank Failures

Year Q1 Q2 Q3 Q4 Total

1988...... 11 6 12 7 36

1989...... 5 7 5 5 22

1990...... 3 5 6 3 17

1991...... 2 2 3 1 8

1992...... 1 1 1 4 7

1993...... 1 2 2 0 5

1994...... 0 0 0 0 0

1995...... 0 0 0 0 0

1996...... 0 2 0 0 2

1997...... 0 0 0 1 1

1998...... 0 0 1 0 1

1999...... 0 1 0 0 1

2000...... 0 0 0 0 0

2001...... 0 0 0 0 0

2002...... 1 0 0 1 2

2003...... 0 1 0 0 1

2004...... 0 1 0 0 1

2005...... 0 0 0 0 0

2006...... 0 0 0 0 0

2007...... 0 0 0 0 0

2008...... 1 0 0 2 3

2009...... 2 3 2 2 9

 Note. Data exclude banks assisted to prevent failure. Industrial banks and

mutual savings banks also are excluded. Agricultural banks are defined in

the introduction to section B.

 n.a. Not available.
Exhibit 32.1

CERTIFICATION UNDER SECTION 906  OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersigned certifies that
this periodic report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in this periodic report fairly
presents, in all material respects, the financial condition and results of operations of Golf Trust of America, Inc.

|Date: November 14, 2005 |  | /s/W. BRADLEY BLAIR IIW. Bradley Blair, II President and Chief Executive Officer   
|----------------------- |  | -----------------------------------------------------------------------------------
|Date: November 14, 2005 |  | /s/SCOTT D. PETERSScott D. Peters Senior Vice President and Chief Financial Officer

---



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