alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 73, Number 199 (Tuesday, October 14, 2008)]
[Rules and Regulations]
[Page 60631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24323]



[[Page 60631]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[FCC 08-222; MM Docket No. 01-33; RM-10060]


Radio Broadcasting Services; Caro and Cass City, MI

AGENCY: Federal Communications Commission.

ACTION: Final rule; denial of application for review.

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SUMMARY: The Commission denied an application for review filed by 
Edward Czelada of a Report and Order in this proceeding. The Report and 
Order upgraded the class of Station WIDL from Channel 221A to 221C3, 
reallotted Channel 221C3 from Caro to Cass City, Michigan, and denied 
Czelada's counterproposal to allot Channel 218C3 at Ubly, Michigan and 
Channel 297C3 at Cass City, Michigan. The Commission determined that 
the counterproposal was defective because it requested a channel 
allotment in the noncommercial educational reserved band, which is 
prohibited under the Commission's rules. See SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Victoria M. McCauley, Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Memorandum Opinion and Order, MM Docket No. 01-33, adopted September 
24, 2008, and released September 26, 2008. The Commission denied an 
application for review filed by Edward Czelada of a Report and Order in 
this proceeding. See 66 FR 29237 (May 30, 2001). The Commission also 
denied review of Czelada's argument that the staff failed to consider 
the preclusionary effect of the Channel 221 upgrade at Cass City on 
existing and potential NCE FM service as untimely raised. But even if 
it were to consider the argument, it was without merit. The 
preclusionary effect analysis occurs only when the 60 dBu contour of 
the Channel 221 upgrade proposal overlaps the Grade B contour of a 
television channel 6 station. No such overlap would occur in this case. 
The full text of this Commission decision is available for inspection 
and copying during normal business hours in the FCC Reference 
Information Center (Room CY-A257), 445 12th Street, SW., Washington, DC 
20554. The complete text of this decision may also be purchased from 
the Commission's copy contractor, Best Copy and Printing, Inc., Portals 
II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 
1-800-378-3160 or www.BCPIWEB.com.
    This document is not subject to the Congressional Review Act. (The 
Commission, is, therefore, not required to submit a copy of this 
Memorandum Opinion and Order to GAO, pursuant to the Congressional 
Review Act, see 5 U.S.C. 801(a)(1)(A) because the application for 
review was denied.)

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
 [FR Doc. E8-24323 Filed 10-10-08; 8:45 am]
BILLING CODE 6712-01-P
### THE THIRTEENTH COURT OF APPEALS

13

- 14

- 00267

- CV

Donald Lewis Leach

v. John P. Moffitt and Moffco, L.L.C.

On Appeal from the 24th District Court of Jackson County , Texas Trial Cause No. 12

- 3

- 14205

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having con sidered this cause on appeal, concludes the appeal should be dismissed . The Court orders the appeal DISMISSED in accordance with its opinion . Costs of the appeal are adjudged against appellant.
We further order this decision certified below for observanc e. July 17, 2014.
# EXHIBIT 32.2

# CERTIFICATION PURSUANT
TO18 U.S.C. SECTION 1350AS ADOPTED PURSUANT TO  SECTION 906 OF THE SARBANES-OXLEY ACT OF
2002

I, Eugene B. Witkowicz, Executive
Vice President, Chief Financial Officer and Corporate Secretary of TierOne Corporation
(the Company), hereby certify, pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, 18 U.S.C. Section 1350, that:

| | (1) | The
Annual Report on Form 10-K of the Company for the year ended December 31,
               2007 (the Report) fully complies with the requirements of
Section                13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a) or                78o(d)); 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:  March 10, 2008 | By:/s/ Eugene B. Witkowicz           
|                      | Eugene B. Witkowicz, Executive Vice  
|                      | President and Chief Financial Officer
Case 1:11-cv-02702-WYD-MEH Document 1-1 Filed 10/17/11 USDC Colorado Page 1 of 2
Case 1:11-cv-02702-WYD-MEH Document 1-1 Filed 10/17/11 USDC Colorado Page 2 of 2
#### GEILICH v. GEILICH.

Supreme Court of Florida.

June Term 1953.

Dismissed without opinion.
#### MONTEREY APARTMENTS, Inc. v. TOWN OF SURFSIDE.

Supreme Court of Florida.

January Term 1954.

Certiorari denied without opinion.
[Federal Register Volume 73, Number 198 (Friday, October 10, 2008)]
[Notices]
[Page 60247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24360]


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ELECTION ASSISTANCE COMMISSION


Sunshine Act Notice

AGENCY: U.S. Election Assistance Commission.

ACTION: Notice of public meeting.

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Date & Time: Wednesday, October 15, 2008, 1-4 p.m.

Place: National Press Club of Washington, 529 14th St., NW., 13th 
Floor, Washington, DC 20045, (202) 662-7500 (Metro Stop: Metro Center).

Agenda: Commissioners will meet and hold a panel discussion to examine 
key issues facing election officials and journalists in reporting 
election results, particularly in competitive states. Some of the 
topics include: (1) Voting systems technology; (2) non-traditional 
ballots such as provisional and absentee ballots and ballots of 
military and overseas citizens; (3) time and procedures for getting 
election results; (4) post-election issues such as recounts and audits; 
(5) time zones, poll closings and reporting exit polls and election 
results. Participants will include media representatives, state 
election officials and a discussion moderator.
    This meeting will be open to the public.

Person to Contact for Information: Sarah Litton, Telephone: (202) 566-
3100.

Rosemary E. Rodriguez,
Chair, U.S. Election Assistance Commission.
 [FR Doc. E8-24360 Filed 10-8-08; 4:15 pm]
BILLING CODE 6820-KF-P
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 North Pittsburgh Systems, Inc. (the Company) on Form 10-Q for the period ended September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, M. D.
Poleski, Vice President, Treasurer and 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:

(1) The Report fully complies with the requirements of Sections 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: November 9, 2007



/s/ M. D. PoleskiM. D. PoleskiVice President, Treasurer and Chief Financial Officer


A signed original of this written statement required by Section 906 has been provided to North
Pittsburgh Systems, Inc. and will be retained by North Pittsburgh Systems, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Table of Contents

Exhibit 13.1

CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

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), I, Gesner José de Oliveira Filho, undersigned Chief Executive
  Officer of Companhia de Saneamento Básico do Estado de São Paulo SABESP (the Company), do hereby certify, to the best of my knowledge, that:

The Annual Report on Form 20-F for the fiscal year ended December 31, 2006 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 20-F fairly presents, in all material respects, the financial condition and results of operations of the Company.

| |                                     
| | ------------------------------------
| | Dated: June 29, 2007                
| |                                     
| | By: /s/GESNER JOSÉ DE OLIVEIRA FILHO
| |                                     
| | Name: Gesner José de Oliveira Filho 
| |                                     
| | Title: Chief Executive Officer      

---
Exhibit 32.1

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

I, J. Russell Porter,
Chief Executive Officer of Gastar Exploration, Ltd. (the Company), hereby certify that the accompanying Annual Report on Form 10-K for the year ended December 31, 2006 (the Report), filed by the Company with the
Securities and Exchange Commission on the date hereof fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934.

I further certify that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date: March 26, 2007



/s/ J. RUSSELL PORTERJ. Russell PorterChief Executive Officer
**Exhibit 32.2**

 

CertificationPursuant

To18 U.S.C. 1350,

AsAdopted Pursuant to

Section 906of the Sarbanes-Oxley Act of 2002

 

In connection with theQuarterly Report of Cyanotech Corporation (the “Company”) on Form 10-Q forthe period ended December 31, 2008 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Deanna L. Spooner,Vice President — Finance and Administration of the Company, certify, pursuantto 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

1)             The Report fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act (15 U.S.C. 78m or 78o (d)); and

 

2)             The information contained in the Reportfairly presents, in all material aspects, the financial condition and resultsof operations of the Company.

 
| Date:  |        February 12,  2009 |                                                     | /s/ Deanna L. Spooner |
|--------|-------------------------------------------------------------------|----------------------------------------------------------|-----------------------|
|   |                                                              | Deanna L. Spooner                                        |
|   |                                                              | Vice President —  Finance & Administration |
|   |                                                              | Chief Financial Officer                                  |
|   |                                                              | (Principal Financial and  Accounting  Officer)           |

 

----
**Exhibit 32.2**

 

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

 

In connection with the Annual Report of Uni-Pixel, Inc. (the “Company”)on Form 10-KSB for the year ending December 31, 2007 as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), I,James A. Tassone, Chief Financial Officer of the Company, hereby certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

 

·              The Report fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934 (15 U.S.C 78m or 78o(d)); and

 

·              The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 
| Date:  | March 6, 2008 | By:    | /s/ James A. Tassone                      |
|--------|--------------------|--------|-------------------------------------------|
|   |               |   | James A. Tassone, Chief Financial Officer |

 

*A signed original of this written statement required by Section 906of the Sarbanes-Oxley Act of 2002 has been provided to Uni-Pixel, Inc. andwill be retained by Uni-Pixel, Inc. and furnished to the Securities andExchange Commission or its staff upon request. The foregoing certification is being furnished solely pursuant to 18U.S.C. Section 1350 and shall not be deemed filed by the Company forpurposes of Section 18 of the Securities Exchange Act of 1934, as amended.*

 

1

----
| Skip to Content*Release Date: September 17, 2009*Release dates |  Coded tables |  Historical dataCurrent release |  Screen reader |  PDF (450 KB)**F.5 Net Increase in Liabilities and Its Relation to Net Acquisition of Financial Assets** |
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
Exhibit 13.1

      Certification by Chief Executive Officer of Annual Report

                         CERTIFICATION OF ANNUAL REPORT

I, Donald W. Smith, Chief Executive Officer of Mitel Networks Corporation
("Mitel"), certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) the Annual Report on Form 20-F of Mitel, for the fiscal year ended April 27,
2003, filed with the U.S. Securities and Exchange Commission on the date hereof
(the "Report") fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

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

Dated: July 31, 2003

                                              /s/ DONALD W. SMITH
                                           ----------------------------
                                           Donald W. Smith
                                           Chief Executive Officer
Exhibit 99.2




                                  CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350,
           AS ADOPTED BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     I, Joseph A. Orlando, as Principal Financial Officer of Leucadia National
Corporation - Arizona (the "Company") certify, pursuant to 18 U.S.C. ss. 1350,
as adopted by Section 906 of the Sarbanes-Oxley Act of 2002, that to my
knowledge:

     (1) the accompanying Form 10-K report for the year ending December 31, 2002
as filed with the U.S. Securities and Exchange Commission (the "Report") fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, as amended; and

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




Dated:  March 28, 2003
                                                By:  /s/  Joseph A. Orlando
                                                     ----------------------
                                                     Joseph A. Orlando
                                                     Principal Financial Officer





A signed  original of this  written  statement  required by Section 906 has been
provided  to  Leucadia  National  Corporation  and will be  retained by Leucadia
National  Corporation and furnished to the Securities and Exchange Commission or
its staff upon request.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 95-7014
REXFORD GARLAND CASSIDY, Plaintiff - Appellant, versus MR. LAWSON, Warden, Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert R. Merhige, Jr., Senior District Judge. (CA-95-37) Submitted: January 11, 1996 Decided: January 23, 1996 Before RUSSELL, HALL, and WILKINSON, Circuit Judges. Dismissed by unpublished per curiam opinion. Rexford Garland Cassidy, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM:Appellant appeals the district court's dismissal of his Complaint without prejudice for failure to particularize his claims. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Industrial Loan Corp. , 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order. We dismiss the appeal as interlocutory. 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
| Skip to Content*Release Date: December 11, 2008*Release dates |  Coded tables |  Historical dataCurrent release |  Screen reader |  PDF (450 KB)**L.128 Real Estate Investment Trusts REITs** |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
#### MILLIKEN v. McCAULEY, Warden.

No. 8644.

Circuit Court of Appeals, Ninth Circuit.

Dec. 11, 1937.

Herbert Milliken, in pro. per.

G. W. Hamilton, Atty. Gen., and W. A. Toner, Asst. Atty. Gen., for appellee.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.

STEPHENS, Circuit Judge.

Appellant is confined in the penitentiary of the State of Washington for a state offense, and appellee is the warden of such institution.

Appellant filed a petition in the United States District Court of Washington, Southern Division, directed to said warden, claiming that he was, and is, illegally imprisoned by reason of' an ex post facto application of a state statute. The court required the warden to show cause why the writ should not issue and thereafter rendered an opinion upon the merits, but also concluded the opinion with the holding that the facts did not bring the matter within 28 U.S.C.A. § 453, and that therefore the court was without jurisdiction. The court denied the issuance of the writ and petitioner appealed to this court.

This short outline of the proceedings is given in order that our determination on the appeal may not be misunderstood. It appears from the record that there are numerous other inmates of the same institution who are vitally interested in the points made in appellant’s petition. Our ruling here is not intended to touch the merits of such points and should not be allowed to prejudice any other action appellant may be advised to take.

The petition upon its face shows that no application for the writ had been made to a competent court of the State of Washington and no good cause is shown why this had not been done. Hall v. People of State of California, 9 Cir. 1935, 79 F.2d 132; McCauley v. Palmer, 9 Cir., 1937, 91 F.2d 1017.

The order denying the writ is affirmed.
#### FOWLER v. SKIPPER.

Supreme Court of Florida.

June Term 1953.

Certiorari denied without opinion.
<PAGE>

                                                                    EXHIBIT 34.1

             REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

Shareholders
First National Bank of Omaha

We have examined management's assertion, included in the accompanying
Management's Report on Assessment of Compliance with SEC Regulation AB Servicing
Criteria, that First National Bank of Omaha (FNBO), complied with the servicing
criteria set forth in Item 1122(d) of the Securities and Exchange Commission's
Regulation AB for asset-backed securities transactions involving credit card
receivables conducted by First National Master Note Trust (the "Platform") as of
and for the year ended December 31, 2008, excluding criteria 1122(d)(1)(iii),
1122(d)(2)(iii), 1122(d)(2)(vi), 1122(d)(3)(iii), 1122(d)(3)(iv) and
1122(d)(4)(x), which management has determined are not applicable to the
activities performed by FNBO with respect to the Platform. Management is
responsible for FNBO's compliance with the servicing criteria. Our
responsibility is to express an opinion on management's assertion about FNBO's
compliance with the servicing criteria based on our examination.

Our examination was conducted in accordance with attestation standards
established by the American Institute of Certified Public Accountants, as
adopted by the Public Company Accounting Oversight Board (United States), and,
accordingly, included examining, on a test basis, evidence about FNBO's
compliance with the applicable servicing criteria, including tests on a sample
basis of the servicing activities related to the Platform, determining whether
FNBO performed those selected activities in compliance with the servicing
criteria during the specified period, and performing such other procedures as we
considered necessary in the circumstances. Our procedures were limited to
selected servicing activities performed by FNBO during the period covered by
this report and, accordingly, such samples may not have included servicing
activities related to each asset-backed transaction included in the Platform.
Further, an examination is not designed to detect noncompliance arising from
errors that may have occurred prior to the period specified above that may have
affected the balances or amounts calculated or reported by FNBO during the
period covered by this report. We believe that our examination provides a
reasonable basis for our opinion. Our examination does not provide a legal
determination on FNBO's compliance with the servicing criteria.

In our opinion, management's assertion that FNBO complied with the
aforementioned applicable servicing criteria as of and for the year ended
December 31, 2008 for the Platform is fairly stated, in all material respects.


/s/ Deloitte & Touche LLP

Omaha, Nebraska
March 27, 2009