alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 32.1**

** **

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,**

**ASADOPTED PURSUANT TO SECTION 906**

**OFTHE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of Intraware, Inc. (the “Company”) on Form 10-Q for theperiod ended November 30, 2006, as filed with the Securities and ExchangeCommission on the date hereof (the “Form 10-Q”), I Peter H. Jackson,Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350,as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)           The Form 10-Q fully complies with the requirements ofSection 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 Form 10-Q fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

Dated:    January 16, 2007

 
| /s/  PETER H. JACKSON                            |   |
|------------------------------------------------------------|--------|
| Peter H.  Jackson                                     |
| *Chairman,  Chief Executive Officer and President of* |
| *Intraware,  Inc.*                                         |
| *(Principal  Executive Officer)*                           |

** **

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,**

**ASADOPTED PURSUANT TO SECTION 906**

**OFTHE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of Intraware, Inc. (the “Company”) on Form 10-Q for theperiod ended November 30, 2006, as filed with the Securities and ExchangeCommission on the date hereof (the “Form 10-Q”), I Wendy A. Nieto,Chief Financial Officer and Executive Vice President of Technology andOperations, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906of the Sarbanes-Oxley Act of 2002, that:

 

(1)           The Form 10-Q fully complies with the requirements ofSection 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 Form 10-Q fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

Dated:    January 16, 2007

 
| /s/  WENDY A. NIETO            |   |
|------------------------------------------|--------|
| Wendy A.  Nieto                     |
| *Chief  Financial Officer and Executive* |
| *Vice  President of Intraware, Inc.*     |
| *(Principal  Financial Officer)*         |

 

----
[Federal Register Volume 73, Number 197 (Thursday, October 9, 2008)]
[Notices]
[Page 59598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24026]


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

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

Order No. 1575


Termination of Foreign-Trade Subzone 61G, Carolina, Puerto Rico

     Pursuant to the authority granted in the Foreign-Trade Zones 
Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), and the 
Foreign-Trade Zones Board Regulations (15 CFR Part 400), the 
Foreign-Trade Zones Board has adopted the following order:
    Whereas, on November 28, 1995, the Foreign-Trade Zones Board issued 
a grant of authority to the Puerto Rico Trade and Export Company 
(PRTEC) authorizing the establishment of Foreign-Trade Subzone 61G at 
the IPR Pharmaceuticals, Inc. facility, Carolina, Puerto Rico (Board 
Order 787, 60 FR 63499, 12/11/95);
    Whereas, PRTEC has advised the Board that zone procedures are no 
longer needed at the facility and requested voluntary termination of 
Subzone 61G (FTZ Docket 18-2008);
    Whereas, the request has been reviewed by the FTZ Staff and U.S. 
Customs and Border Protection officials, and approval has been 
recommended;
    Now, therefore, the Foreign-Trade Zones Board terminates the 
subzone status of Subzone 61G, effective this date.
    Signed at Washington, DC, this 18th day of September 2008.

David M. Spooner,
Assistant Secretary of Commerce for Import Administration, Alternate 
Chairman, Foreign-Trade Zones Board.
    Attest:
Andrew McGilvray,
Executive Secretary.
[FR Doc. E8-24026 Filed 10-8-08; 8:45 am]
BILLING CODE 3510-DS-S
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge William J. Martínez

Civil Action No. 11-cv-02450-WJM

CHERIE M. BARKER,

Plaintiff,

v.

MICHAEL J. ASTRUE, Commissioner of Social Security,

Defendant.

______________________________________________________________________

ORDER

______________________________________________________________________

This matter is before the Court on the parties’ Joint Stipulation for EAJA Fees,

filed November 28, 2012 (ECF No. 22). The Court having reviewed the Stipulation for

fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 et seq., the

Court hereby ORDERS as follows:

1. Defendant will pay Plaintiff a total of $3,375.00 in EAJA fees. This amount

is payable to Plaintiff, not directly to her counsel. Payment will be sent to

the office of Plaintiff’s attorney: James M. Anderson, Esq.; Anderson and

Lopez, P.C.; 4905 N. Union Blvd. Suite 302; Colorado Springs, CO 80918.

2. Defendant’s payment of this amount bars any and all claims Plaintiff may

have relating to EAJA fees and expenses in connection with this action.

Case 1:11-cv-02450-WJM Document 23 Filed 11/29/12 USDC Colorado Page 1 of 2
2

3. Defendant’s payment of this amount is without prejudice to Plaintiff’s right

to seek attorney fees under section 206(b) of the Social Security Act, 42

U.S.C. § 406(b), subject to the offset provisions of the EAJA. 

4. This Order will not be used as precedent in any future cases.

Dated this 29th day of November, 2012.

BY THE COURT:

__________________________

William J. Martínez 

United States District Judge 

Case 1:11-cv-02450-WJM Document 23 Filed 11/29/12 USDC Colorado Page 2 of 2
[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Notices]
[Pages 58131-58138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23331]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal Nos. 08-85]


36(b)(1) Arms Sales Notification

AGENCY: Department of Defense, Defense Security Cooperation Agency.

ACTION: Notice.

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

SUMMARY: The Department of Defense is publishing the unclassified text 
of a section 36(b)(1) arms sales notification. This is published to 
fulfill the requirements of section 155 of Public Law 104-164 dated 21 
July 1996.

FOR FURTHER INFORMATION CONTACT: Ms. B. English, DSCA/DBO/CFM, (703) 
601-3740.
    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittals 08-85 with attached transmittal, policy 
justification, and Sensitivity of Technology.

    Dated: September 25, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
BILLING CODE 5001-06-M

[[Page 58132]]

[GRAPHIC] [TIFF OMITTED] TN06OC08.004


[[Page 58133]]


[GRAPHIC] [TIFF OMITTED] TN06OC08.005


[[Page 58134]]


[GRAPHIC] [TIFF OMITTED] TN06OC08.006


[[Page 58135]]


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[[Page 58136]]


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[[Page 58137]]


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[[Page 58138]]


[FR Doc. E8-23331 Filed 10-3-08; 8:45 am]
BILLING CODE 5001-06-C
#### UNITED STATES of America, Appellant, v. Nathaniel JOHNSON and Laura Davis, Appellees.

No. 76-1693.

United States Court of Appeals, Eighth Circuit.

Submitted Nov. 8, 1976.

Decided Dec. 21, 1976.

J. Whitfield Moody, First Asst. U. S. Atty., Kansas City, Mo., for appellant; Bert C. Hurn, U. S. Atty., Kansas City, Mo., on brief.

*789Ronald L. Hall, Asst. Federal Public Defender, W. D. Mo., Kansas City, Mo., for appellees; Charles A. Gallipeau, Kansas City, Mo., on brief.

Before BRIGHT and WEBSTER, Circuit Judges, and TALBOT SMITH, Senior District Judge.*

*

 TALBOT SMITH, Senior District Judge, Eastern District of Michigan, sitting by designation.

ORDER

The United States appeals the judgment of the district court dismissing without prejudice this prosecution against appellees Nathaniel Johnson and Laura Davis, charging them with possession of an unregistered still, in violation of 26 U.S.C. § 5179 and 18 U.S.C. § 2. The district court issued the dismissal as a result of its earlier order suppressing as evidence the still and distilling apparatus found in a search of a residence at 2520 Tracy, Kansas City, Missouri, pursuant to a warrant issued by a state magistrate.

The order rested upon a finding by the district court that the information presented to the state magistrate failed to establish probable cause to issue the search warrant. We are now advised by appellant that an affidavit which had been presented to the state magistrate to support the issuance of the warrant was not presented to the federal district court by the federal prosecutor when the district court considered appellees’ motion to suppress.

Under these circumstances, in the interest of justice, we vacate the dismissal and remand this case to the district court for its determination of whether this additional information, an affidavit of detective Richard W. Gentry of the Kansas City police, was in fact presented to the state magistrate, and, if so, whether the suppression order should now be set aside.

We retain jurisdiction of this cause subject to this limited remand. The appellant is directed to advise this court of the district court’s determination of the matters submitted on remand. This order of remand shall issue forthwith.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge Kathleen M. Tafoya

Civil Action No. 11–cv–02527–DME–KMT

COLORADO CASUALTY INSURANCE COMPANY,

Plaintiff,

v. 

BROCK USA LLC, 

Defendant.

MINUTE ORDER

ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA

The “Unopposed Motion for Leave to Amend Complaint” (Doc. No. 33, filed January 27, 2012)

is GRANTED, pursuant to Fed. R. Civ. P. 15(a)(2). The Clerk shall file the Amended Complaint

for Declaratory Relief (Doc. No. 33-1) and the exhibits thereto (Doc. Nos. 33-2 through 33-11). 

Dated: January 31, 2012

Case 1:11-cv-02527-DME-KMT Document 40 Filed 01/31/12 USDC Colorado Page 1 of 1
AMENDMENT NO. 13 TO EMPLOYMENT AGREEMENT

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




     THIS AMENDMENT NO. 13 TO EMPLOYMENT AGREEMENT (the "Amendment") is made and
entered into at Santa Barbara,  California, on the date hereinafter set forth by
and  between  DAVID E.  MAI  (hereinafter  referred  to as the  "Employee")  and
MIRAVANT MEDICAL TECHNOLOGIES,  a Delaware Corporation  (hereinafter referred to
as the "Employer").

WHEREAS:

     A. The Employer and the  Employee  are parties to an  Employment  Agreement
effective as of February 1, 1991,  and  Amendments No. 1 through 12 thereto (the
"Employment Agreement").

     B. The parties  hereto wish to amend the  Employment  Agreement  in certain
respects.

     NOW,   THEREFORE,   in   consideration   of  the  premises,   promises  and
representations hereinafter contained, it is agreed as follows:

     1. Effective JANUARY 1, 2000, the section entitled EMPLOYEE COMPENSATION on
Exhibit A to the Employment Agreement is hereby amended to read as follows:

         EMPLOYEE COMPENSATION

         TWO HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($275,000) per annum.

     2. In all other  respects,  the  Employment  Agreement is hereby  ratified,
confirmed and approved in its entirety.


                             SIGNATURES ON NEXT PAGE


<PAGE>



     IN WITNESS WHEREOF, the parties hereto have executed this Amendment on this
25th day of January, 2000.

                                                EMPLOYER:
                                                MIRAVANT MEDICAL TECHNOLOGIES
                                                a Delaware Corporation

                                                 By: /s/ Gary S. Kledzik, Ph.D.
                                                 --------------------------
                                                         Gary S. Kledzik, Ph.D.
                                                         C.E.O. and Chairman

                                                 EMPLOYEE:

                                                 /s/ David E. Mai
                                                 ----------------
                                                     David E. Mai
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Philip A. Brimmer

Civil Action No. 11-cv-02599-PAB-MJW

H&R BLOCK TAX SERVICES LLC,

Plaintiff, 

v. 

LINDA WILD, 

Defendant. 

ORDER

This matter comes before the Court on the Application of H&R Block Tax

Services LLC (“Block”) to Confirm Arbitration Award [Docket No. 1] filed pursuant to

Sections 9 and 13 of the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and the Amended

Stipulation to Confirmation of Final Arbitration Award [Docket No. 5] for (a) confirmation

of the Final Arbitration Award, together with the Interim Arbitration Award (the “Award”) 

entered in the arbitration proceeding captioned Linda Wild v. H&R Block Tax Services

LLC f/k/a H&R Block, Inc., AAA Case No. 77 11426610 LBG, and (2) judgment upon the

Award. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1332. Upon

consideration of the entire record, and the Court deeming it just and proper to do so, it is

hereby ORDERED that:

1. The Application of H&R Block Tax Services LLC to Confirm Arbitration

Award [Docket No. 1] is GRANTED;

2. The Award (attached hereto as Exhibit A) is confirmed; and

Case 1:11-cv-02599-PAB Document 13 Filed 10/26/11 USDC Colorado Page 1 of 15
2

3. Judgment is entered in favor of H&R Block Tax Services LLC and against

Linda Wild upon the Award.

DATED October 26, 2011.

BY THE COURT:

 s/Philip A. Brimmer 

PHILIP A. BRIMMER

United States District Judge

Case 1:11-cv-02599-PAB Document 13 Filed 10/26/11 USDC Colorado Page 2 of 15
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#### Dennis E. Lopez, Appellant, v Deborah H. Rosenblatt, Respondent. Respondent.—In

In a negligence action to recover damages for personal injuries, the plaintiff appeals from (1) an order of the Supreme Court, Westchester County (Miller, J.), dated April 24, 1987, which denied his motion to set aside a jury verdict in favor of the defendant, and (2) a judgment of the same court, entered March 11, 1988, which is in favor of the defendant and against him.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that the defendant is awarded one bill of costs.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action *(see, Matter of Aho,*39 NY2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment *(see,*CPLR 5501 [a] [1]).

It cannot be said that the jury’s conclusion that the defendant was not negligent could not have been reached upon any fair interpretation of the evidence *(see, Nicastro v Park,*113 AD2d 129, 134). The jury could reasonably credit the defendant’s testimony that she stopped at a stop sign at the intersection where the accident occurred and conclude that she was free of any negligence. Lawrence, J. P., Kunzeman, Eiber and Harwood, JJ., concur.
1

This minute order is issued pursuant to the express authority of the Honorable Robert E.

Blackburn, United States District Judge for the District of Colorado.

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Robert E. Blackburn

Civil Case No. 11-cv-02589-REB-CBS

GRANT McWILLIAMS,

Plaintiff,

v.

UNION PACIFIC RAILROAD COMPANY, a Delaware corporation,

Defendant.

MINUTE ORDER1

The matter comes before the court on the Defendant’s Motion To Transfer

Pursuant to 28 U.S.C. §1404 [#6] filed October 24, 2011, and Defendant’s

Memorandum Brief in Support of Motion To Transfer Pursuant to 28 U.S.C. §1404

[#7] filed October 24, 2011. The motion and brief are STRICKEN for failure to comply

with D.C.COLO.LCivR 7.1A.

Dated: October 25, 2011

Case 1:11-cv-02589-REB-CBS Document 8 Filed 10/25/11 USDC Colorado Page 1 of 1
<PAGE>   1

                                                                    EXHIBIT 10.2



                                     AMENDED
                         EXECUTIVE EMPLOYMENT AGREEMENT


         THIS AMENDED EXECUTIVE EMPLOYMENT AGREEMENT (the "Agreement") is made
and entered into as of this 20th day of January, 2000, by and between Waterlink,
Inc., a Delaware corporation (the "Company"), and T. Scott King ("Executive").


                              W I T N E S S E T H :

         WHEREAS, the Company and Executive entered into an Executive Employment
Agreement, dated as of May 21, 1998 (the "Employment Agreement"); and

         WHEREAS, the Company and Executive desire to amend the Employment
Agreement, as provided below;

         NOW THEREFORE, in consideration of the premises and mutual covenants
contained herein and for other good and valuable consideration, the adequacy and
receipt of which are hereby acknowledged, the parties agree as follows:

         1. IMPROPER TERMINATION. Section 8(b)(ii) of the Employment Agreement
shall be amended to add thereto the following sentence. "Anything to the
contrary in this Agreement notwithstanding, for purposes of this Section 8(b)
the Bonus Payment shall not be less than Executive's Base Salary then in effect.
In the event the Bonus Payment is not otherwise determinable as of the Date of
Termination, Executive may elect, upon notice to the Company, to fix the Bonus
Payment for purposes of this Section 8(b) at an amount equal to Executive's Base
Compensation then in effect."

         2. NO OTHER AMENDMENTS. Other than as expressly stated herein, the
Employment Agreement shall remain in full force and effect.

         IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first set forth above.

                                      WATERLINK, INC.

                                      By: /s/Robert Pinkas
                                          ----------------------------
                                          Name:  Robert Pinkas
                                          Title: Chairman of the Board


                                          /s/T. Scott King
                                          ----------------------------
                                          T. Scott King
EXHIBIT
32.1
 
 Hecla
Mining Company and Subsidiaries
 
 CERTIFICATIONS
 
 
 I,
Phillips S. Baker, Jr., President, Chief Executive Officer and Director of Hecla
Mining Company (“Hecla”), certify that to my knowledge:
 
 1.
              This
      annual report of Hecla on Form 10-K (“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
      Hecla.
 
 
 
 Date:  February
17, 2010


/s/
      Phillips S. Baker, Jr.Phillips
      S. Baker, Jr.President,
      Chief Executive Officer and Director
  
 A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement required
by Section 906 has been provided to Hecla and will be retained by Hecla and
furnished to the Securities and Exchange Commission or its staff upon
request.
 
 The
foregoing certification is being furnished in accordance with Securities and
Exchange Commission Release No. 34-47551 and shall not be considered filed as
part of the Form 10-K.
<page>								      EXHIBIT 31.02

CERTIFICATIONS

I, Jeffrey D. Hahn, Chief Financial Officer of Demeter Management
Corporation ("Demeter"), the general partner of the registrant,
certify that:

1.	I have reviewed this annual report on Form 10-K of the
registrant;

2.	Based on my knowledge, this report does not contain any untrue
statement of a material fact or omit to state a material fact
necessary to make the statements made, in light of the
circumstances under which such statements were made, not
misleading with respect to the period covered by this report;

3.	Based on my knowledge, the financial statements, and other
financial information included in this report, fairly present
in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the
periods presented in this report;

4.	The registrant's other certifying officer and I are responsible
for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-
15(e)) for the registrant and have:

   a)	Designed such disclosure controls and procedures, or caused
such disclosure controls and procedures to be designed
under our supervision, to ensure that material information
relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those
entities, particularly during the period in which this
report is being prepared;

   b)	Evaluated the effectiveness of the registrant's disclosure
controls and procedures and presented in this report our
conclusions about the effectiveness of the disclosure
controls and procedures, as of the end of the period covered
by this report based on such evaluation; and

   c)Disclosed in this report any change in the registrant's
internal control over financial reporting that occurred
during the registrant's most recent fiscal quarter (the
registrant's fourth fiscal quarter in the case of an annual
report) that has materially affected, or is reasonably
likely to materially affect, the registrant's internal
control over financial reporting; and


<page>
5.The registrant's other certifying officer and I have disclosed,
based on our most recent evaluation of internal control over
financial reporting, to the registrant's auditors and the audit
committee of Demeter's board of directors (or persons
performing the equivalent functions):

   a)	All significant deficiencies and material weaknesses in the
design or operation of internal controls over financial
reporting which are reasonably likely to adversely affect
the registrant's ability to record, process, summarize and
report financial information; and

   b)	Any fraud, whether or not material, that involves management
or other employees who have a significant role in the
registrant's internal control over financial reporting.





Date:   March 30, 2004      /s/	Jeffrey D. Hahn
	Jeffrey D. Hahn
	Chief Financial Officer,
	Demeter Management Corporation,
	general partner of the registrant