alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32.2

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

In connection with the Quarterly Report on Form 10-K of First Citizens Bancshares, Inc. (the "Company") for theyear ended December 31, 2003, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned Chief Executive Officer and Chief Financial Officer of the Company, certifies to the best knowledge and belief of the signatory, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:

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

 

 

                                           /s/ Jeffrey Dean Agee                                           Chief Financial Officer                                            Date: March 12, 2004
Exhibit
10.1


 


STRAIGHT NOTE


 




	
  $300,000

  	
   

  	
   

  	
  South El Monte,
  California

  	
   

  	
  March 17, 2004

  






 


For value received, Lee Pharmaceuticals promises to
pay Roberts Proprietaries Inc. or order, at South El Monte, California the sum
of THREE HUNDRED THOUSAND DOLLARS, with interest from March 17, 2004, on unpaid
principal at the rate of twenty (20) per cent annum; principal is payable
monthly, commencing on April 1, 2004, with monthly principal payments of
$5,000. Interest shall be calculated on the basis of the unpaid principal
balance daily, based on a 365-day year, actual day month and payable monthly.
Principal and interest shall be payable in lawful money of the United States.
If action were instituted on this note, I promise to pay such sum as the Court
may fix as attorney’s fees. This note is secured by the trademark on the
product brand Zip®.


 


This promissory note replaces the $200,000 promissory
note, dated July 1, 2002, which has been paid down to $100,000 as of March 1,
2004. All other terms and conditions (including the Security Agreement,
Amendment No. 1 to 1988 Security Agreement, Guarantee of Ronald G. Lee and
Exhibits) of the December 1, 1998, original $500,000 promissory note, remain in
force except as stated in the above paragraph of this new promissory note, dated
March 17, 2004.


 


 


	
  MARCH 17, 2004

  	
   

  	
  /s/ RONALD G. LEE

  	
   

  
	
  Date

  	
  Lee Pharmaceuticals - Ronald G. Lee

  
	
   

  	
   

  
	
  MARCH 17, 2004

  	
   

  	
  /s/ MICHAEL L. AGRESTI

  	
   

  
	
  Date

  	
  Lee Pharmaceuticals – Michael L. Agresti
<PAGE>

EXHIBIT 99.2

June 6, 2003

Factory Card & Party Outlet Corp.
2727 Diehl Road
Naperville, Illinois 60563

We have made a review, in accordance with standards established by the American
Institute of Certified Public Accountants, of the unaudited interim financial
information of Factory Card & Party Outlet Corp. and subsidiary for the
three-month period ended May 3, 2003 (Successor Company operations), the
one-month period ended May 4, 2002 (Successor Company operations), and the
two-month period ended April 6, 2002 (Predecessor Company operations), as
indicated in our report dated June 6, 2003; because we did not perform an audit,
we expressed no opinion on that information.

We are aware that our report referred to above, which is included in your
Quarterly Report on Form 10-Q for the quarter ended May 3, 2003, is incorporated
by reference in Registration Statement No. 36-3652087 on Form S-8.

We also are aware that the aforementioned report, pursuant to Rule 436(c) under
the Securities Act of 1933, is not considered a part of the Registration
Statement prepared or certified by an accountant or a report prepared or
certified by an accountant within the meaning of Sections 7 and 11 of that Act.


/s/ Deloitte & Touche LLP
Chicago, Illinois

                                       30
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Philip A. Brimmer

Civil Action No. 11-cv-02094-PAB-CBS

MARC HARRIS KAPLAN,

Plaintiff,

v.

MICHELLE L. ARCHER, et al.,

Defendants.

ORDER

This matter is before the Court on the Recommendation of United States

Magistrate Judge [Docket No. 41] filed on July 3, 2012. The magistrate judge

recommends that the Court grant defendants’ motions to dismiss plaintiff’s complaint

[Docket No. 23, 25]. On July 16, 2012, plaintiff filed objections [Docket No. 42] to the

Recommendation. Although plaintiff failed to interpose objections to many aspects of

the Recommendation, the Court has nevertheless reviewed the Recommendation de

novo, see Fed. R. Civ. P. 72(b)(3) (“The district judge must determine de novo any part

of the magistrate judge's disposition that has been properly objected to.”), and, having

done so, agrees with the Recommendation’s thorough analysis of the defendants’

pending motions to dismiss and with the recommendation that the motions to dismiss

be granted.

In response to plaintiff’s objections, defendants argue that the Court “should

award the[m] . . . their attorney fees pursuant to 42 U.S.C. § 1988 and Fed. R. Civ. P.

Case 1:11-cv-02094-PAB-CBS Document 48 Filed 08/09/12 USDC Colorado Page 1 of 2
2

11.” Docket No. 46; see Docket No. 47. Defendants, however, have not complied with

the requirements for such a request that are imposed by the Federal Rules of Civil

Procedure and the Local Rules of this District. See Fed. R. Civ. P. 54(d)(2);

D.C.COLO.LCivR 54.3; see also Fed. R. Civ. P. 7(b)(1) (“A request for a court order

must be made by motion.”); D.C.COLO.LCivR 7.1C (“A motion shall not be included in a

response or reply to the original motion. A motion shall be made in a separate paper.”).

Therefore, defendants’ request for fees is denied.

For the foregoing reasons, it is

ORDERED that the Recommendation of United States Magistrate Judge [Docket

No. 41] is ACCEPTED. It is further 

ORDERED that defendants’ motions to dismiss [Docket Nos. 23, 25] are

GRANTED and this case is dismissed in its entirety. 

DATED August 9, 2012.

BY THE COURT:

 s/Philip A. Brimmer 

PHILIP A. BRIMMER

United States District Judge

Case 1:11-cv-02094-PAB-CBS Document 48 Filed 08/09/12 USDC Colorado Page 2 of 2
<PAGE>
                                                                   EXHIBIT 10.27

                                 LEASE AGREEMENT

                                                              LEASE NUMBER   105

                                                        DATE OF LEASE   09-01-97

LESSOR:     LESLIE RUDD INVESTMENT COMPANY
            314 South Galena Street
            Aspen, Colorado 81611
            303-925-5866

LESSEE:     Dean & Deluca Brands, Inc.          LOCATION OF EQUIPMENT
            560 Broadway                        2526 E. 36th St.
            New York, NY   10012                North Circle
            212-226-6800                        Wichita, KS 67219

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


TERM: 36 Months                        COMMENCEMENT DATE: 09-01-97


                             RENTAL PAYMENT SCHEDULE

$427.50 per month including sales and use tax for the first 36 months followed
by $135.79 per month including sales and use tax until the Lease Agreement is
terminated.


                                SECURITY DEPOSIT

$0 payable at time of signing of the Lease to be applied, if not used, to the
last 0 rental payments, plus sales and use tax, in the inverse order of their
respective maturities.


                              EQUIPMENT DESCRIPTION
                    (Model #, Serial #, or Other Description)
                 Southern Kansas Telephone - Telephone Equipment
               Norstar Startalk System & Paging System - Installed

<PAGE>



                                LEASE NUMBER 105


                                 LEASE AGREEMENT

This Lease shall constitute an agreement of lease and nothing herein shall be
construed as conveying to Lessee any right, title, or interest in any of the
Equipment. The undersigned agree to all terms and conditions set forth above and
in witness thereof hereby execute this Lease.


                                 NAME OF LESSEE:
                           Dean & Deluca Brands, Inc.


SIGNED BY:  /s/ DANE J. NELLER
            ------------------------------------------------
            Dane J. Neller
            Chief Executive Officer                                     Seal

This Lease shall not become effective until accepted by Lessor.


                                 NAME OF LESSOR:
                         LESLIE RUDD INVESTMENT COMPANY

ACCEPTED DATE:  09-01-97

SIGNED BY:  /s/ JON BOWMAN
            ------------------------------------------------
            Jon Bowman
            Secretary

LESSEE'S SIGNATURE IN INK REQUIRED ON ORIGINAL LEASE AND LESSEE'S COPY.




                                       2
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This Schedule  contains summary financial data extracted from the
     consolidated financial statements of Amscan Holdings,  Inc. as of
     September  30,  2000 and for the nine  months  then  ended and is
     qualified in its entirety by reference to such statements.
</LEGEND>
<CIK>                         0001024729
<NAME>                        Amscan Holdings, Inc.
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-2000
<PERIOD-START>                                 JAN-01-2000
<PERIOD-END>                                   SEP-30-2000
<CASH>                                             756
<SECURITIES>                                         0
<RECEIVABLES>                                   71,199
<ALLOWANCES>                                    (5,944)
<INVENTORY>                                     67,365
<CURRENT-ASSETS>                               143,493
<PP&E>                                         112,800
<DEPRECIATION>                                 (50,408)
<TOTAL-ASSETS>                                 274,908
<CURRENT-LIABILITIES>                           56,076
<BONDS>                                        262,488
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     (87,714)
<TOTAL-LIABILITY-AND-EQUITY>                   274,908
<SALES>                                        239,500
<TOTAL-REVENUES>                               239,500
<CGS>                                          150,698
<TOTAL-COSTS>                                  150,698
<OTHER-EXPENSES>                                56,953
<LOSS-PROVISION>                                 4,817
<INTEREST-EXPENSE>                              19,768
<INCOME-PRETAX>                                 11,923
<INCOME-TAX>                                     4,710
<INCOME-CONTINUING>                              7,166
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     7,166
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0



</TABLE>
<PAGE>   1
                                                                    EXHIBIT-99.1





                          INDEPENDENT AUDITORS' REPORT





The Board of Directors
Conseco Finance Corp.
Saint Paul, Minnesota:

We have audited the consolidated statements of operations, shareholder's equity
and cash flows of Conseco Finance Corp. (formerly Green Tree Financial
Corporation) and subsidiaries for the year ended December 31, 1997. These
consolidated financial statements are the responsibility of the Company's
management. Our responsibility is to express an opinion on these consolidated
financial statements based on our audit.

We conducted our audit in accordance with generally accepted auditing standards.
Those standards require that we plan and perform the audit to obtain reasonable
assurance about whether the financial statements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting
the amounts and disclosures in the financial statements. An audit also includes
assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall financial statement presentation.
We believe that our audit provides a reasonable basis for our opinion.

In our opinion, the consolidated financial statements referred to above present
fairly, in all material respects, the results of operations and cash flows of
Conseco Finance Corp. and subsidiaries for the year ended December 31, 1997 in
conformity with generally accepted accounting principles.

As discussed in Note 1 to the consolidated financial statements, the Company
adopted the provisions of the Financial Accounting Standards Board's Statement
of Financial Accounting Standards No. 125, "Accounting for Transfers and
Servicing of Financial Assets and Extinguishments of Liabilities," in 1997.


                                                  KPMG LLP


Minneapolis, Minnesota
January 27, 1998
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 02-6759

LORENZO D. WILLIAMS,

Petitioner - Appellant,

versus

DIRECTOR OF THE DEPARTMENT OF CORRECTIONS,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Claude M. Hilton, Chief

District Judge. (CA-01-614-AM)

Submitted: October 10, 2002 Decided: October 17, 2002

Before WILLIAMS, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Lorenzo D. Williams, Appellant Pro Se. Leah Ann Darron, Assistant

Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Lorenzo D. Williams seeks to appeal the district court’s order

denying relief on his petition filed under 28 U.S.C. § 2254 (2000).

We have reviewed the record and conclude for the reasons stated by

the district court that Williams has not made a substantial showing

of the denial of a constitutional right. See Williams v. Director

of the Dep’t of Corr., No. CA-01-614-AM (E.D. Va. Apr. 15, 2002).

Accordingly, we deny William’s motion for a certificate of

appealability and dismiss the appeal. See 28 U.S.C. § 2253(c)

(2000). We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

DISMISSED
Exhibit 23





CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





We consent to the incorporation by reference in the Registration Statements (Forms S-8 No. 333-68521, 333-72254, 333-67438 and 333-143811) pertaining to the Schawk, Inc. Employee Stock Purchase Plan, the 1991 Outside Directors’ Formula Stock Option Plan, the 2003 Equity Option Plan (formerly, the 2001 Equity Option Plan) and the 2006 Long-Term Incentive Plan, respectively, of our reports dated March  9, 2011, with respect to the consolidated financial statements and schedule of Schawk, Inc., and the effectiveness of internal control over financial reporting of Schawk, Inc. included in the Annual Report (Form 10-K) for the year ended December 31, 2010.







/s/ Ernst & Young LLP







Chicago, Illinois


March 9, 2011
#### Richard W. ERVIN, as Attorney General of the State of Florida, for and on behalf of the State of Florida, Appellant, v. MIAMI RETREAT FOUNDATION, a Florida corporation; Miami Retreat, Inc., a Florida corporation; Charles A. Reed; Ruth Reed; and Alfred O’Neill, individually and as Directors and Trustees of Miami Retreat Foundation, Appellees.

Supreme Court of Florida. Division B.

Feb. 1, 1955.

Richard W. Ervin, Atty. Gen., and George E. Owen, Asst. Atty. Gen., for appellant.

*788Bell & Bell, Brown and Koller, Francis M. Miller, Miami, and J. Lewis Hall, Tallahassee, and Sibley & Davis, Miami Beach, for appellees.

PER CURIAM.

The questions attempted to be raised by appellant were foreclosed in the prior appearance of this cause, Miami Retreat Foundation v. Ervin, Fla., 66 So.2d 667. An examination of the original file in the reported case demonstrates that in the opinion filed, the word “appellees” was corrected to the singular by the striking out of the terminal “s”. By reason of a typographical error, however, the plural was perpetuated in the copy of the opinion which was released.

It follows that the order appealed from must be, and it is hereby, affirmed.

MATHEWS, C. J., and HOBSON, THOMAS and DREW, JJ., concur.
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

RONALD GREEN AS THE EXECUTOR

OF THE ESTATE OF JOSEPH FUSCO,

 Petitioners

 v.

PENNSYLVANIA HOSPITAL AND

CONTRIBUTORS TO PENNSYLVANIA

HOSPITAL AND STELLA BARBER, RN

AND SYLVIA AQUINO, RN AND LORI

YAKISH, RN AND KELLY A. CARR, RRT

AND JAMES KEARNEY, MD AND

STEVEN A. GLASSER, MD AND JOHN

D. SPRANDIO, JR., MD AND BORA LIM,

MD AND EUGENE M. LUGANO, MD

AND ANTHONY GIORGIO AND LORI J.

RHOADES,

 Respondents

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

No. 89 EAL 2014

Petition for Allowance of Appeal from the

Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 20th day of August, 2014, the Petition for Allowance of Appeal is

GRANTED. The issues, as stated by petitioner, are:

(1) Where a physician provides emergency treatment at the request of a

hospital for a person who was not previously the physician’s patient, and

does so negligently thereby causing the patient’s death, may the patient’s

estate reach the jury on a claim that the hospital is vicariously liable under

a theory of ostensible agency for the negligent conduct of that physician

because a reasonably prudent person in the patient’s position would be

justified in the belief that the care in question was being rendered by the

hospital or its agents?
[89 EAL 2014] - 2

(2) Whether this Court’s statement in footnote 8 of its ruling in Freed v.

Geisinger Medical Center, 971 A.2d 1202, 1212 n.8 (Pa. 2009) -- that

MCARE’s limitation on who may provide causation testimony in a medical

professional liability action against a physician does not apply where an

expert witness nurse is testifying in support of a liability claim against a

nurse -- permits an expert witness nurse to provide causation testimony

solely on a claim against a nurse defendant in a suit where the plaintiff

has also sued the doctors alleging further injuries stemming from the

doctors’ additional acts of negligence?
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO 

Senior District Judge Richard P. Matsch

Civil Action No. 11-cv-02437-RPM

ANDREA L. CHISHOLM, an individual,

Plaintiff,

v.

ROCK GARDENS RAFTING, INC., a Colorado Corporation,

GLENWOOD CANYON ZIP LINE ADVENTURES, INC., a Colorado Corporation,

ROCK GARDENS MOBILE HOME PARK & CAMPGROUND, LLC d/b/a GLENWOOD

CANYON RESORT, INC., a Colorado Corporation,

JOSEPH WAYNE MCKEEL, an Individual,

JEFFREY HALE, an Individual, and

BRIAN VANDERMARK, an Individual.

Defendants.

_____________________________________________________________________

ORDER VACATING ORDER OF REFERENCE

_____________________________________________________________________

Upon reassignment of this civil action and this Court’s case management

procedures, it is

ORDERED that the order of reference to Magistrate Judge Kathleen M. Tafoya is

vacated. It is 

FURTHER ORDERED that the December 13, 2012, pretrial conference and the

deadline for submitting a proposed pretrial order are vacated

DATED: June 28th, 2012

BY THE COURT:

s/Richard P. Matsch

__________________________

Richard P. Matsch, Senior Judge
|   **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 Cannabis Science, Inc., (the “Company”) on Form 10-Q for the period ended September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Richard Cowan, 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/ Richard Cowan*Richard CowanChief Financial Officer, Principal Accounting OfficerMarch 17, 2010

                               
  |
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|