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

**eMAGIN      CORPORATION**

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

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

|                                               |   |                                                                                                                                                                                                                                                                                                                                                          |
|----------------------------------------------------|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                               |   |                                                                                                                                                                                                                                                                                                                                                          |   |
| Dated:  November                19, 2007 | By:    | /s/ K.C.              Park                                                      |   |
|                                               |   | K.C.                Park                                                                                                                                                                                                                                                                                                                                 |   |
|                                               |   | *Interim              Chief              Executive Officer*                                                                                                                                                                                                                                                                                                   |   |
|                                               |   |                                                                                                                                                                                                                                                                                                                                                          |   |
Exhibit 10-32





AMENDMENT NO. 4
TO THE 
ENERGY EAST CORPORATION
SUPPLEMENTAL RETIREMENT PLAN
EFFECTIVE AS OF
AUGUST 1, 2001

WHEREAS, Energy East Corporation (the "Company") established the Energy East Corporation Supplemental Executive Retirement Plan (the "Plan"), effective as of August 1, 2001; and

WHEREAS, the Company desires to amend the Plan, as permitted by Section 7 of the Plan, to permit a limited timing of payment election.

NOW, THEREFORE, the Plan is amended, effective as of August 1, 2007 as follows:



1.   Paragraph 6C of the Plan is hereby amended by adding the following subparagraph to the end of Paragraph 6C:



"If Wesley von Schack so elects on or prior to 12/31/07, then, notwithstanding anything else contained herein, he will receive the retirement benefit described in Paragraph 6, as actuarially determined pursuant to his Employment Agreement (dated December 31, 2006), in a single lump sum upon the earlier of (i) the date of the consummation of a transaction which is a "change in the ownership or effective control of the Corporation or in the ownership of a substantial portion of the assets of the Corporation" (as such term is defined in Treasury Regulation Section 1.409A) or (ii) the date payment would be made as a result of his termination of employment with the Corporation and it affiliates in accordance with the termination of employment provisions in Paragraph 6."



All the provisions of the Plan not specifically mentioned in this Amendment No. 4 shall be considered modified to the extent necessary to be consistent with the changes made in this Amendment No. 4.



IN WITNESS WHEREOF OF THE ADOPTION OF THIS AMENDMENT NO. 4, Energy East Corporation has set its hand and seal to this Amendment No. 4 as of the 31st day of July, 2007.



|                           | ENERGY EAST CORPORATION
|-------------------------- | -----------------------
|                           |                        
|Witness:/s/Michelle Taylor | By:/s/R.R. Benson      
|                           | Its:
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2856 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  2d Session
                                S. 2856

_______________________________________________________________________

                                 AN ACT

 
  To limit the transfer of certain Commodity Credit Corporation funds 
    between conservation programs for technical assistance for the 
                               programs.

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

SECTION 1. TECHNICAL ASSISTANCE.

    (a) In General.--Section 1241 of the Food Security Act of 1985 (16 
U.S.C. 3841) is amended by striking subsection (b) and inserting the 
following:
    ``(b) Technical Assistance.--Effective for fiscal year 2005 and 
each subsequent fiscal year, Commodity Credit Corporation funds made 
available for each of the programs specified in paragraphs (1) through 
(7) of subsection (a)--
            ``(1) shall be available for the provision of technical 
        assistance for the programs for which funds are made available; 
        and
            ``(2) shall not be available for the provision of technical 
        assistance for conservation programs specified in subsection 
        (a) other than the program for which the funds were made 
        available.''.
    (b) Effective Date.--The amendment made by subsection (a) takes 
effect on October 1, 2004.

            Passed the Senate October 11, 2004.

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                                S. 2856

_______________________________________________________________________

                                 AN ACT

  To limit the transfer of certain Commodity Credit Corporation funds 
    between conservation programs for technical assistance for the 
                               programs.
```
<PAGE>   1

                                                                   EXHIBIT  23



                         CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 33-78352-D) pertaining to The UniMark Group, Inc. 1994 Employee Stock
Option Plan and The UniMark Group, Inc. 1994 Stock Option Plan for Directors of
our report dated March 27, 1998, with respect to the financial statements of The
UniMark Group, Inc. included in this Annual Report on Form 10-K for the year
ended December 31, 1997.



ERNST & YOUNG LLP


Dallas, Texas
March 27, 1998
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2807 Introduced in Senate (IS)]

108th CONGRESS
  2d Session
                                S. 2807

 To amend the Internal Revenue Code of 1986 to exempt containers used 
  primarily in potato farming from the excise tax on heavy trucks and 
                               trailers.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 15, 2004

   Mr. Crapo (for himself, Mr. Feingold, Mrs. Murray, Mr. Smith, Ms. 
    Collins, Mr. Craig, Mr. Burns, and Ms. Cantwell) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL

 
 To amend the Internal Revenue Code of 1986 to exempt containers used 
  primarily in potato farming from the excise tax on heavy trucks and 
                               trailers.

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

SECTION 1. EXEMPTION OF CONTAINERS USED PRIMARILY IN POTATO FARMING 
              FROM EXCISE TAX ON HEAVY TRUCKS AND TRAILERS.

    (a) In General.--Section 4053 of the Internal Revenue Code of 1986 
(relating to exemptions) is amended by adding at the end the following 
new paragraph:
            ``(8) Potato farm vehicles.--Any box, container, 
        receptacle, bin, or other similar article the length of which 
        does not exceed 26 feet, which is mounted or placed on an 
        automobile truck, and which is sold to a person who certifies 
        to the seller that--
                    ``(A) such person is actively engaged in the trade 
                or business of raising potatoes, and
                    ``(B) the primary use of the article is to haul 
                bulk produce raised in connection with such trade or 
                business.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to sales occurring after the date of the enactment of this Act.
                                 <all>
```
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Brian G. W. Thompson,

Plaintiff,

v.

Bard Peripheral Vascular, Inc. and C. R. 

Bard, Inc., et al.,

Defendant.

)

)

)

)

)

)

)

)

)

MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-17-04571-PHX-DGC

APPEARANCE OF COUNSEL

To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:

Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc.

Date: February 1, 2018 /s/ Richard B. North, Jr.

Attorney's signature

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed name and bar number

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6000

Telephone number

(404 322-6050

FAX number

Case 2:15-md-02641-DGC Document 9976 Filed 02/06/18 Page 1 of 1
```

                                                                    Exhibit 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER

      Pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002 (18 U.S.C. ss.
1350),  the  undersigned,  James Weber,  Chief  Financial  Officer of FalconStor
Software, Inc., a Delaware Corporation (the "Company"),  does hereby certify, to
his knowledge, that:

      The Annual Report on Form 10-K for the year ended December 31, 2006 of the
Company (the "Report")  fully complies with the  requirements  of Sections 13(a)
and 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/ James Weber
                                                         -----------------------
                                                         James Weber
                                                         Chief Financial Officer
                                                         March 14, 2007
```
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               MAR-31-1999
<CASH>                                             745
<INT-BEARING-DEPOSITS>                             378
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                        469
<INVESTMENTS-CARRYING>                           3,600
<INVESTMENTS-MARKET>                             3,600
<LOANS>                                         63,520
<ALLOWANCE>                                        446
<TOTAL-ASSETS>                                  70,118
<DEPOSITS>                                      39,737
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                                144
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            22
<OTHER-SE>                                      30,215
<TOTAL-LIABILITIES-AND-EQUITY>                  70,118
<INTEREST-LOAN>                                  3,397
<INTEREST-INVEST>                                  199
<INTEREST-OTHER>                                   154
<INTEREST-TOTAL>                                 3,750
<INTEREST-DEPOSIT>                               1,456
<INTEREST-EXPENSE>                               1,456
<INTEREST-INCOME-NET>                            2,294
<LOAN-LOSSES>                                       96
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  1,120
<INCOME-PRETAX>                                  1,123
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       694
<EPS-PRIMARY>                                      .34
<EPS-DILUTED>                                      .34
<YIELD-ACTUAL>                                    4.54
<LOANS-NON>                                        177
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   354
<CHARGE-OFFS>                                        4
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                  446
<ALLOWANCE-DOMESTIC>                               335
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            111
        

</TABLE>
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-30751 Summary Calendar

JESSE ROGERS, Plaintiff-Appellant,

versus CRIMINAL JUSTICE FACILITY OF IBERIA PARISH; GREEN, LIEUTENANT; AL MERITS, LIEUTENANT; NATHANIEL MITCHELL; DAN DAVID; SIDNEY HEBERT, SHERIFF; ERROL ANTOINE ROMO ROMERO, SHERIFF, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana

USDC No. 96-CV-1932

- - - - - - - - - - April 22, 1998 Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges.
PER CURIAM: * Jesse Rogers appeals the dismissal of his civil rights action under 42 U.S.C. § 1983 for alleged torture and abuse which occurred while he was incarcerated at Iberia Parish Criminal Justice Facility. Rogers argues that the district court erred in granting Appellants’ motion for summary judgment and dismissing his action as untimely. He contends that the doctrine of contra non valentem agere nulla currit praescripto operates to suspendNo. 97-30751 -2- the statute of limitations and make this action timely. He also argues that the district court erred in excluding expert testimony which he submitted and in improperly weighing his own affidavit. We have reviewed the record and the briefs of the parties and affirm substantially for the reasons given by the district
court. See Rogers v. Criminal Justice Facility of Iberia Parish , 96-CV-1932 (W.D. La. July 1, 1997). Rogers has failed to meet his burden of establishing that there is a genuine issue of material fact, or that the district court erred in its evidentiary or legal holdings. F ED . R. C IV . P. 56(e); Melton v. Teachers Ins. & Annuity Ass’n of America , 114 F.3d 557, 559 (5th Cir. 1997). Although it was not necessary to exclude any portion of Rogers’ affidavit as inadmissible, any error resulting from this exclusion was harmless. See Richardson v. Oldham , 12 F.3d 1373, 1378 (5th Cir. 1994).
AFFIRMED.
# United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 October 15, 2010 Before WILLIAM J. BAUER, Circuit Judge KENNETH F. RIPPLE, Circuit Judge MICHAEL S. KANNE, Circuit Judge No. 09-3535 A RIS E THERLY , Petitioner-Appellee ,

v. R ANDY D AVIS , Warden, Respondent-Appellant

. Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 07 C 0057 Elaine E. Bucklo, Judge

. O R D E R On consideration of the petition for pane l rehearing and suggestion for rehearing enbanc filed by Petitioner-Appellee on September 8, 2010, the opinion issued in the aboveentitled case on August 25, 2010, is hereby AMENDED as follows: Page 15, line 16, the following sentence is a dded to the beginning of the paragraph: “In other words, while the Illinois court erred infinding that DiGrazia’s presence militated in favor of voluntariness, this lone error is not of such magnitude as to result in an unreasonable application of Suprem e Court precedent under AEDPA. See Hardaway, 302 F.3d at 763.“ Page 15, lines 16-19, the following sentence is deleted: “In other words, the youth officer does not, and should not, play the role of a lawyer to the minor. The officer’s presence is more than what is required by law to safeguard against any abuse of process or coercion.”

### No. 09-3535 Page 2 Page 15, lines 21-22, the following phrase is deleted: “and was in correct in concluding that the state appellate court unreasonably weighed its impact” Page 17, line 16, the following sentence is a dded to the beginning of the paragraph: “The Illinois Appellate Court considered the appropriate factors in coming to its voluntariness determination and, although it erred in one respect, it did not unreasonably apply Supreme Court precedent. See Hardaway , 302 F.3d at 763.” Page 17, line 16, the following sentences are deleted: “The Illinoi s Appellate Court did not fail to consider relevant material fact ors or grossly miscalculate the balance. Therefore, in light of the fact that Ethe rly was read his rights several times and understood them, was questioned for a very limited period of time, and was not coerced, we conclude that the Illinois Appe llate Court’s determination that Etherly’s statement was voluntary under the totality ofthe circumstances did not fall well outside the boundaries of permissible differences of opinion. It therefore was not objectively unreasonable.” No judge in active service has requested a vote on the petition for rehearing en banc and the judges on the panel have voted to deny rehearing. It is, therefore, ORDERED that rehearing and rehearing en banc are DENIED

.
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