alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT32.1**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

 

Pursuant to the requirements set forth inRule 13a-14(b) of the Securities Exchange Act of 1934, as amended (the “ExchangeAct”), and Section 1350 of Chapter 63 of Title 18 of the United States Code (18U.S.C. §1350), the undersigned, Leonard P. Shaykin, Chairman of the Board ofDirectors and Chief Executive Officer of Tapestry Pharmaceuticals, Inc.(the “Company”) does hereby certify, to his knowledge, that:

 

(a)           theQuarterly Report on Form 10-Q for the quarterly period ended March 29, 2006of the Company to which this certification is attached (the “Report”) fullycomplies with the requirements of Section 13(a) or 15(d) of theExchange Act, and

 

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

 

Date: May 10, 2006

 
|       | /s/ LEONARD  P. SHAYKIN                    |       |
|------------|--------------------------------------------|------------|
| ** ** | **Leonard P. Shaykin**                     | ** ** |
| ** ** | **Chairman of the Board of Directors and** | ** ** |
| ** ** | **Chief Executive Officer**                | ** ** |

 

A signed original of this written statement required bySection 906 has been provided to Tapestry Pharmaceuticals, Inc. andwill be retained by Tapestry Pharmaceuticals, Inc. and furnished to theSecurities and Exchange Commission (SEC) or its staff upon request. This certification“accompanies” the Form 10-Q to which it relates, is not deemed filed with theSEC and is not to be incorporated by reference into any filing of the Companyunder the Securities Act of 1933, as amended, or the Securities Exchange Act of1934, as amended (whether made before or after the date of the Form 10-Q),irrespective of any general incorporation language contained in such filing.

 

----
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Defense Nuclear Facilities Safety Board

# AGENCY:

Defense Nuclear Facilities Safety Board.

# ACTION:

Extension of time to supplement hearing record.

# SUMMARY:

                        The Defense Nuclear Facilities Safety Board (Board) published a document in the                         **Federal Register**                         of July 26, 2010, (75 FR 43495), as amended, (75 FR 56080), concerning notice of a public hearing and meeting on October 7 and 8, 2010, with regard to the safety-related aspects of the design and construction of the Department of Energy's Waste Treatment and Immobilization Plant at the Hanford Site. The Board stated in that notice that the Board would hold the hearing record open until November 7, 2010, for the receipt of additional materials. The Board made the same representation at the conclusion of the hearing on October 8, 2010.                    

*Extension of Time:*                         The Board now extends the period of time for which the hearing record will remain open an additional sixty (60) days until January 6, 2011. The Board has become aware of information which indicates that the public interest will be best served by extending the deadline for submission of materials into the hearing record. The Board will consider any such additional material in the course of evaluating its response to information collected at the hearing.                    

*Contact Person for More Information:*                         Brian Grosner, General Manager, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004-2901, (800) 788-4016. This is a toll-free number.                    

Dated: November 1, 2010.

Peter S. Winokur,

Chairman.

[FR Doc. 2010-27900 Filed 11-3-10; 8:45 am]

BILLING CODE 3670-01-P
[Federal Register Volume 75, Number 26 (Tuesday, February 9, 2010)]
[Notices]
[Page 6392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2776]


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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION


Agency Information Collection Activities: Existing Collection; 
Emergency Extension

AGENCY: Equal Employment Opportunity Commission.

ACTION: Notice of information collection--Emergency extension without 
change: Local Union Report (EEO-3).

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

SUMMARY: In accordance with the Paperwork Reduction Act, the Equal 
Employment Opportunity Commission (EEOC or Commission) announces that 
it submitted to the Office of Management and Budget (OMB) a request for 
an emergency extension of the Local Union Report (EEO-3), on January 
20, 2010, to be effective after the January 31, 2010 expiration date.

FOR FURTHER INFORMATION CONTACT: Ronald Edwards, Director, Program 
Research and Surveys Division, 131 M Street, NE., Room 4SW30F, 
Washington, DC 20507; (202) 663-4958 (voice) or (202) 663-7063 (TTY).

SUPPLEMENTARY INFORMATION: The EEOC has collected information from 
local unions on the EEO-3 form since 1966 (biennially since 1985).

Overview of Information Collection

    Collection Title: Local Union Report (EEO-3).
    OMB Number: 3046-0006.
    Frequency of Report: Biennial.
    Type of Respondent: Referral local unions with 100 or more members.
    Description of Affected Public: Referral local unions and 
independent or unaffiliated referral unions and similar labor 
organizations.
    Responses: 1,399.
    Reporting Hours: 4,500 (including recordkeeping).
    Cost to Respondents: $85,000.
    Federal Cost: $60,000.
    Number of Forms: 1.
    Form Number: EEOC Form 274.
    Abstract: Section 709(c) of Title VII of the Civil Rights Act of 
1964, as amended, 42 U.S.C. 2000e-8(c), requires labor organizations to 
make and keep records relevant to a determination of whether unlawful 
employment practices have been or are being committed and to produce 
reports from the data. The EEOC issued regulations requiring referral 
local unions with 100 or more members to submit EEO-3 reports. The 
individual reports are confidential. The EEOC uses EEO-3 data to 
investigate charges of discrimination and for research.
    Burden Statement: The estimated number of respondents included in 
the biennial EEO-3 survey is 1,399 referral unions. The form is 
estimated to impose 4,500 burden hours biennially. In order to help 
reduce survey burden, respondents are encouraged to report data 
electronically whenever possible.

    Dated: January 29, 2010.
Stuart J. Ishimaru,
Acting Chairman, for the Commission.
[FR Doc. 2010-2776 Filed 2-8-10; 8:45 am]
BILLING CODE 6570-01-P
The Honorable George F. Gunn, Jr., United States District Judge for the Eastern 1

District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 97-3265

___________

United States of America, *

 *

Appellee, *

 * Appeal from the United States

v. * District Court for the

 * Eastern District of Missouri.

Roy C. Bowens, * [UNPUBLISHED]

 *

Appellant. *

___________

 Submitted: February 5, 1998

 Filed: February 10, 1998

___________

Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges.

___________

PER CURIAM.

In 1994 Roy C. Bowens pleaded guilty to possessing cocaine with intent to

distribute, in violation of 21 U.S.C. § 841(a)(1), and to using and carrying a firearm

during a drug-trafficking offense, in violation of 18 U.S.C. § 924(c)(1). After Bowens

moved under 28 U.S.C. § 2255 to set aside his firearm conviction in light of Bailey v.

United States, 516 U.S. 137, 143-44 (1995) (defining “use” prong of § 924(c)(1)), the

district court granted the motion, imposed a two-level enhancement under U.S. 1
-2-

Sentencing Guidelines Manual § 2D1.1(b)(1) (1997) (add 2 levels if dangerous

weapon, including firearm, was possessed), and resentenced Bowens to 82 months

imprisonment and five years supervised release. Bowens appeals, arguing the court

lacked jurisdiction to resentence him on the unchallenged drug conviction. Because

Bowens&s argument is foreclosed by United States v. Harrison, 113 F.3d 135, 137-38

(8th Cir. 1997), we affirm the judgment of the district court.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
No. 14.

#### William A. Rawson, plaintiff in error, *vs.*Wm. B. Cochran and others, defendants in error.

[1.] In a suit upon a promissory note, given jointly by-two, and both of the makers are sued and served, and one of them dies before judgment, process of garnishment cannot issue against the joint debtors of the defendants, until the estate of the deceased party is represented, or such other proceedings are had as -will disconnect the estate of the deceased defendant from the action.

Garnishment, in Dougherty Superior Court. Decision by Judge Perkins, at November Term, 1854.

William A. Rawson brought an action against B. C. Green and K. C. Green. Pending the suit, B. C. Green departed this life. Before his death was suggested or there was a representation of his estate before the Court, the plaintiff, Raw-son, sued out a summons of garnishment against Wm. B. Cochran and others, first making affidavit that “the estate of B. C. Green and K. C. Green are indebted to him,” &c.

On motion, the Court dismissed the summons of garnishment, and this decision is assigned as error.

L. Warren, for plaintiff in error.

Spicer & Strozier, for defendant in error.

*By the Court.*

Lumpkin, J.

delivering the opinion.

The case made by the record and by the admission of Counsel on the argument, is this: An action of assumpsit was brought in Baker Superior Court, by Wm. A. Rawson, against Bartlett C. Green and Kenyon C. Green, upon a promissory note. Bartlett C. Green died, and before any representation was had upon his estate, the plaintiffs sued out process of garnishment against DeGraffenreid and Cochran. Can this be done ? The Circuit Judge held that it could not, and we think the judgment was right.

*81[1.] Waiving the discussion of tbe point, whether the assets of an estate may, by process of garnishment, be diverted from the due course of administration, by preventing them from coming into the hands of the legal representative, especially within the twelve months allowed by law, to ascertain the condition of the estate — I say, passing by this inquiry, we hold that important privileges are secured by law, to the defendants, which make it altogether improper to move in a cause, after the death of the party, and before the estate is represented. Bond has to be given to the defendants, before the garnishment can issue. This cannot be done until the representative was qualified. There is no obligee. By the Act of 1828, under which this proceeding was instituted, the defendant has the right to dissolve the garnishment by giving personal security for the debt. For this reason alone, to say nothing of others which might be assigned, the proceeding was properly dismissed.
AMENDMENT TO EMPLOYMENT AGREEMENT


     The Employment Agreement (the "Agreement") dated July 7, 1998 by and
between Meritage Corporation (formerly Monterey Homes Corporation) and Steven
Hafener, is hereby modified as follows:

     The performance bonus contained in paragraph 5 of the Agreement shall be
calculated and paid on a calendar year basis. The first bonus due shall be for
the period from July 1, 1998 to December 31, 1998 and shall be payable prior to
June 30, 1999. Thereafter, each bonus shall be calculated on a calendar year
basis, payable within 60 days of the calendar year end.

     All other terms of the Employment Agreement remain in full force and
affect.

     IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment to
the Agreement or caused this Amendment to the Agreement to be duly executed on
their respective behalf, by their respective officers thereto duly authorized,
all as of June 10, 1999.


                                        MERITAGE CORPORATION, a
                                        Maryland corporation



                                        By: /s/ LARRY W. SEAY
                                            ------------------------------------
                                        Name: Larry W. Seay
                                             -----------------------------------
                                        Its: Vice President Finance & CFO
                                             -----------------------------------


                                        /s/ STEVE HAFENER
                                        ----------------------------------------
                                        Steve Hafener



                                        SH CAPITAL, INC., a
                                        California corporation
                                        for the limited purpose of acknowledging
                                        and agreeing to the provisions of
                                        Section 16


                                        By: /s/ STEVE HAFENER
                                            ------------------------------------
                                        Name: Steve Hafener
                                             -----------------------------------
                                        Its: President
                                            ------------------------------------
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Registrant's September 30, 1997 10-Q and is qualified in its entirety by
reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-START>                             APR-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                         522,472
<SECURITIES>                                         0
<RECEIVABLES>                                  141,585
<ALLOWANCES>                                    28,000
<INVENTORY>                                 34,059,381
<CURRENT-ASSETS>                            35,674,205
<PP&E>                                      25,083,741
<DEPRECIATION>                              11,577,101
<TOTAL-ASSETS>                              49,292,083
<CURRENT-LIABILITIES>                       21,882,995
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        65,000
<OTHER-SE>                                  27,344,088
<TOTAL-LIABILITY-AND-EQUITY>                49,292,083
<SALES>                                     62,124,856
<TOTAL-REVENUES>                            62,124,856
<CGS>                                       39,618,717
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                            21,190,728
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             125,270
<INCOME-PRETAX>                              1,190,141
<INCOME-TAX>                                   488,000
<INCOME-CONTINUING>                            702,141
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   702,141
<EPS-PRIMARY>                                      .11
<EPS-DILUTED>                                      .11
        

</TABLE>
#### J. E. Woodward *v.*H. & S. C. Hook, Etc.

Pleadings — Personal Acts of Defendant — Want of Knowledge — Defense.

Where the personal acts of the defendant are alleged and relied upon-as the facts constituting the cause of action against him, he cannot set. up a want of knowledge or information as a defense.

Sufficient Answer — Demurrer.

The allegations in an answer that defendant had no recollection of the-transaction alleged, and that his books containing his memorandum were-taken out of his possession, was sufficient to put the plaintiff on his proof of the allegations in his petition.

ARREAD EROM MCCRACKEN CIRCUIT COURT.

January 10, 1867.

Opinion or the Court by

Judge Peters :

When the personal acts of the defendant are alleged and relied upon as the facts constituting a cause of action against him he cannot set up a want of knowledge or information sufficient to *95form a belief as to their existence as a defense. Nor are the-matters alleged in the answer by way of avoidance and defense to-the action. But appellant states that he had no recollection that appellees had brought any tobacco to Paducah nor that he had taken any tobacco of theirs under his supervision and management-,, and further states that his books and memoranda which he kept in relation to the tobacco and cotton over which he took supervision,, as he calls it, were removed from the State by Gen. Paine, and he could not have access to them, thus putting in issue by a sufficient denial the facts that appellees had any tobacco in Paducah,, upon which he did or could have collected the illegal charges alleged to have been collected by him. These material facts having, been traversed by the answer the demurrer to it was improperly sustained. Wherefore, the judgment is reversed, and the cause-remanded, with directions to overrule the demurrer to the answer;, and for further proceedings consistent with this opinion.
II 

108TH CONGRESS 

1ST SESSION S. 1644

To amend the Packers and Stockyards Act, 1921, to limit the number 

of packer-owned swine that certain packers may slaughter in any calendar year. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 23, 2003

Mr. GRASSLEY introduced the following bill; which was read twice and referred 

to the Committee on Agriculture, Nutrition, and Forestry 

A BILL

To amend the Packers and Stockyards Act, 1921, to limit 

the number of packer-owned swine that certain packers 

may slaughter in any calendar year.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ANNUAL LIMITATION ON NUMBER OF PACKER4 OWNED SWINE SLAUGHTERED BY CERTAIN 

5 PACKERS. 

6 (a) IN GENERAL.—Title II of the Packers and Stock7 yards Act, 1921 (7 U.S.C. 191 et seq.) is amended by 

8 adding at the end the following: 
2

•S 1644 IS 

1 ‘‘Subtitle C—Annual Limitation on 

2 Number of Packer-Owned Swine 

3 Slaughtered by Certain Packers 

4 ‘‘SEC. 231. DEFINITIONS. 

5 ‘‘In this subtitle: 

6 ‘‘(1) AFFILIATE.—The term ‘affiliate’ has the 

7 meaning given the term in section 231 of the Agri8 cultural Marketing Act of 1946 (7 U.S.C. 1635i). 

9 ‘‘(2) PACKER.—The term ‘packer’ has the 

10 meaning given the term in section 231 of the Agri11 cultural Marketing Act of 1946 (7 U.S.C. 1635i). 

12 ‘‘(3) PACKER-OWNED SWINE.—The term ‘pack13 er-owned swine’ means swine that a packer (includ14 ing a subsidiary or affiliate of the packer) owns for 

15 at least 7 days (excluding any Saturday or Sunday) 

16 before slaughter. 

17 ‘‘(4) SLAUGHTER CAPACITY.—The term 

18 ‘slaughter capacity’ means the total number of swine 

19 that a packer (including a subsidiary or affiliate of 

20 the packer) could slaughter in a calendar year if all 

21 federally inspected swine processing plants operated 

22 by the packer were operated at full capacity for 260 

23 days each calendar year. 
3

•S 1644 IS 

1 ‘‘(5) SWINE.—The term ‘swine’ has the mean2 ing given the term in section 231 of the Agricultural 

3 Marketing Act of 1946 (7 U.S.C. 1635i). 

4 ‘‘SEC. 232. UNLAWFUL PRACTICE. 

5 ‘‘It shall be unlawful for any packer with an annual 

6 slaughter capacity of more than 20,000,000 swine to 

7 slaughter more than 10,000,000 packer-owned swine in 

8 any calendar year.’’. 

9 (b) EFFECTIVE DATE.—

10 (1) IN GENERAL.—Subject to paragraph (2), 

11 the amendment made by subsection (a) takes effect 

12 on the date of enactment of this Act. 

13 (2) EXISTING PACKERS.—In the case of a pack14 er that, on the date of enactment of this Act, would 

15 otherwise be in violation of section 232 of the Pack16 ers and Stockyards Act, 1921 (as added by sub17 section (a)), the amendment made by subsection (a) 

18 takes effect on the date that is 18 months after the 

19 date of enactment of this Act.

Æ