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

House Calendar No. 135

105TH CONGRESS

1ST SESSION H. RES. 319

[Report No. 105–400]

Providing for consideration of the bill (S. 738) to reform the statutes relating

to Amtrak, to authorize appropriations for Amtrak, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 9, 1997

Mr. DIAZ-BALART, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be

printed

RESOLUTION

Providing for consideration of the bill (S. 738) to reform

the statutes relating to Amtrak, to authorize appropriations for Amtrak, and for other purposes.

1 Resolved, That upon the adoption of this resolution

2 it shall be in order without intervention of any point of

3 order to consider in the House the bill (S. 738) to reform

4 the statutes relating to Amtrak, to authorize appropria5 tions for Amtrak, and for other purposes. The bill shall

6 be considered as read for amendment. The amendment

7 printed in the report of the Committee on Rules accom-
2

HRES 319 RH

1 panying this resolution shall be considered as adopted. All

2 points of order against the bill, as amended, are waived.

3 The previous question shall be considered as ordered on

4 the bill, as amended, to final passage without intervening

5 motion except: (1) one hour of debate on the bill, as

6 amended, which shall be equally divided and controlled by

7 the chairman and ranking minority member of the Com8 mittee on Transportation and Infrastructure; and (2) one

9 motion to commit with or without instructions.

House Calendar No. 135

105TH CONGRESS

1ST SESSION H. RES. 319

[Report No. 105–400]

RESOLUTION

Providing for consideration of the bill (S. 738) to

purposes.thorize appropriations for Amtrak, and for otherreform the statutes relating to Amtrak, to auNOVEMBER 9, 1997

Referred to the House Calendar and ordered to be

printed
Exhibit 32.1 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 this Annual Report of Xtra-Gold Resources Corp. (theCompany) on Form 10-K for the year ended December 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (theReport), I, JAMES WERTH LONGSHORE, Chief Executive Officer and Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:  (a)
        The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
  (b)
        The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
  Date:
        May 23, 2008
        /s/ James Werth Longshore
 By:
        James Werth Longshore
 Chief Executive Officer and Chief Financial Officer  A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
##### 



EXHIBIT 32.1 CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 The undersigned, Thomas D. Eckert, the President and Chief Executive Officer of
Capital Automotive REIT (the Company), has executed this certification in
connection with the filing with the Securities and Exchange Commission of the
Companys Quarterly Report on Form 10-Q for the period ending March 31, 2004
(the Report). The undersigned hereby certifies that: (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. Date: May 6, 2004
BY:
    /s/ Thomas D. EckertThomas D. EckertPresident and Chief Executive Officer
H. Res. 401

In the House of Representatives, U.S.,

June 16, 1998.

Whereas high student achievement and academic advancement are vitally important to our Nation’s schools and

the future success of America’s workforce;

Whereas some pupils proceed through school without having

mastered the knowledge and skills required of them, and

graduate from high school ill-equipped to handle collegelevel work or obtain an entry-level job;

Whereas ‘‘social promotion’’, the practice of moving pupils

from one grade to the next regardless of whether they

have the knowledge and skills necessary for the next

level, is one reason for a pupil’s inadequate academic

achievement levels;

Whereas research has shown that retention, the customary alternative policy to social promotion, is also an inadequate

response to the problem in that pupils are usually presented with the same instructional practices and materials that were ineffective the first time around;

Whereas to help underachieving students learn, it is essential

that policies and programs address the underlying causes

of failure and rectify the problems through various proven instruction practices;
2

•HRES 401 EH

Whereas high-quality teacher training and education, and

other proven practices will provide our teachers with the

tools necessary to educate our Nation’s children and work

toward high academic achievement by students;

Whereas social promotion policies already have been abolished

in Louisiana, Arkansas, Florida, New Mexico, North

Carolina, South Carolina, West Virginia, and in Chicago,

Illinois, Portsmouth, Virginia, Long Beach, California,

and Milwaukee, Wisconsin; and

Whereas the abolishment of social promotion policies have

been proposed in California, Michigan, Wisconsin, Delaware, Texas, Oklahoma, New York, Washington, D.C.,

and in Boston, Massachusetts, and Philadelphia, Pennsylvania: Now, therefore, be it

1 Resolved, That it is the sense of the House of Rep2 resentatives that—

3 (1) ending social promotion should be addressed

4 in America through a coordinated effort by govern5 ment officials, teachers, and parents committed to

6 high academic achievement of students;

7 (2) State Education Agencies and local edu8 cational agencies that receive Federal funds should

9 make every effort to address and end social pro10 motion;

11 (3) the problems associated with social pro12 motion can be resolved effectively through a commit13 ment to provide high-quality training and education
3

•HRES 401 EH

1 for our teachers, and the use of other proven prac2 tices; and

3 (4) States should adopt high, rigorous stand4 ards and standards-based assessments aimed at re5 quiring academic accountability with the specific aim

6 of ending social promotion and raising student

7 achievement.

Attest:

Clerk.
_________________________________________ 

 

 

___________________________________ 

 

 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

March 27, 2007 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

133488 (51) Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

KENNETH DANIELS, #138536 Stephen J. Markman,

 Justices 

Plaintiff-Appellant, 

v SC: 133488 

 CoA: 264527 

DEPARTMENT OF CORRECTIONS 

 Defendant-Appellee. 

On order of the Chief Justice, the motion to waive fees is considered and it 

is DENIED because MCL 600.2963 requires that a prisoner pursuing a civil action be 

liable for filing fees. 

Within 21 days of the certification of this order, plaintiff shall pay to the 

Clerk of the Court the initial partial filing fee of $59.00, shall submit a copy of this order 

with the payment, and shall refile the copy of the pleadings which is being returned 

with this order. Failure to comply with this order shall result in the appeal not being 

filed in this Court. 

If plaintiff timely files the partial fee and refiles the pleadings, monthly 

payments shall be made to the Department of Corrections in an amount of 50 percent of 

the deposits made to plaintiff’s account until the payments equal the balance due of 

$316.00. This amount shall then be remitted to this Court.

 Pursuant to MCL 600.2963(8) plaintiff shall not file further appeals in this 

Court until the entry fee in this case is paid in full. 

The Clerk of the Court shall furnish two copies of this order to plaintiff and 

return plaintiff’s pleadings with this order. 

jm 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

March 27, 2007 

 Clerk
**EXHIBIT 31.1**
**CERTIFICATION**
I, Thomas D. Eckert, certify that:
1. I have reviewed this quarterly report on Form 10-Q of Capital AutomotiveREIT; 2. Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by thisreport; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe registrant as of, and for, the periods presented in this report; 4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantwe have:
a) designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designedunder our supervision, to ensure that material informationrelating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report isbeing prepared; b) evaluated the effectiveness of the Company’s disclosurecontrols and procedures and presented in this report ourconclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by thisreport based on such evaluation; and c) disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred duringthe registrant’s most recent fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and
5. The registrant’s other certifying officer and I have disclosed, based onour most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of the registrant’sboard of trustees (or persons performing the equivalent functions):
a) all significant deficiencies and material weaknesses inthe design or operation of internal control over financialreporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and reportfinancial information; and b) any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in theregistrant’s internal control over financial reporting.        Date: May 6, 2004 BY:   /s/ Thomas D. Eckert          Thomas D. Eckert            President and Chief Executive Officer
#### UNITED STATES of America, Plaintiff-Appellee, v. Bernard CUNNINGHAM, Defendant-Appellant.

No. 04-40016.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Jan. 4, 2005.

Mitchel Neurock, Laredo, TX, for Plaintiff-Appellee.

*374James Lee Turner, Assistant U.S. Attorney, Myrna G. Montemayor, Houston, TX, Marjorie A. Meyers, Federal Public Defender, H. Michael Sokolow, for Defendant-Appellant.

Before JONES, BARKSDALE, and PRADO, Circuit Judges.

PER CURIAM: *

Following a jury trial, Bernard Cunningham was convicted of one charge of possession of more than one hundred kilograms of marijuana with intent to distribute. The district court sentenced him to serve eighty-four months in prison and a five-year term of supervised release.

Cunningham argues that plain error resulted from the admission of testimony concerning an offer to transport drugs. He argues that this testimony amounts to hearsay and does not fall under the exception to the hearsay rule for coconspirator statements embodied in Fed.R.Evid. 801(d)(2). The disputed testimony does not amount to hearsay, as it concerns a question or inquiry. *See United States v. Lewis,*902 F.2d 1176, 1179 (5th Cir.1990). Cunningham has not shown plain error in connection with the admission of the disputed testimony.

Cunningham also contends that the statute of conviction, 21 U.S.C. § 841, is unconstitutional in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). This argument is, as he concedes, unavailing. *See United States v. Slaughter,*238 F.3d 580 (5th Cir. 2000).

Cunningham has not shown reversible error in connection with his conviction and sentence. Accordingly, the judgment of the district court is AFFIRMED.

*

 Pursuant to 5th Cir. 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 5th Cir. R. 47.5.4.
##### 



Exhibit 10.26
 AMENDMENT
for the
FINAL 401(k) / 401(m) REGULATIONS
to the
 BIOMED REALTY, L.P. 401(k) RETIREMENT SAVINGS PLAN
 BIOMED REALTY, L.P.,
 1.
    
    Paragraph H.3 of Article I is amended to add the following:For Plan Years beginning after December 31, 2005, the twenty-five percent (25%)
contribution stated above shall be reduced to five percent (5%).2.
    
    Paragraph M.1 of Article I is amended in its entirety to read as follows:1 Qualified Nonelective Employer Contributions.
   3. Paragraph P of Article I is amended to add the following:




---



##### 



4.
    
    Effective after December 31, 2005, Paragraph BB of Article I is amended in its
entirety to read as follows:BB. Hardship Withdrawals.
        5.
    
    Paragraph A.3 of Article II is amended to delete the last three (3) paragraphs
and substitute in their place the following paragraph:
  6.
    
    Paragraph A.25 of Article II is amended to add subparagraph (f) as follows:
  Page 2




---



##### 



7.
    
    Paragraph A.27 of Article II is amended in its entirety to read as follows:
 Eligible Participant
  Page 3




---



##### 



8.
    
    The last paragraph of Paragraph D.2 of Article IV is amended to read as follows:
  9.
    
    Paragraph D of Article IV is amended to add subparagraph 5:
     Page 4




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##### 



Page 5




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##### 



10.
    
    The following sentence is added to the end of the third paragraph of Paragraph
F.4 of Article IV:
  11.
    
    Paragraph H of Article IV is amended in its entirety to read as follows:
 Limitation on Elective Deferrals.
    Page 6




---



##### 



12.
    
    Paragraph J.2 of Article IV is amended to read as follows:
 Determination of Corrective Distributions
        Page 7




---



##### 



13.
    
    Paragraph J.4 of Article IV is amended in its entirety to read as follows:
 Additional Requirements
    Page 8




---



##### 



Page 9




---



##### 



Page 10




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##### 



14.
    
    Paragraph R of Article IV is amended in its entirety to read as follows:
 Aggregation of Employers Plans.
     Page 11




---



##### 



Page 12




---



##### 



Universal Availability Requirements of Catch-Up Contributions.
  Page 13




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##### 



Page 14




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##### 



Multiple Plan Limits on Catch-Up Contributions.
     Page 15




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##### 



17.
    
    The following paragraph is added to Paragraph J of Article X as follows:
  18.
    
    Paragraph L of Article X is amended in its entirety to read as follows:
 Additional Qualified Nonelective Employer Contributions
    Page 16




---



##### 



1 2
  Page 17




---



##### 



Page 18




---



##### 



19.
    
    Paragraph P of Article X is amended in its entirety to read as follows:
 Aggregation Rules for Section 401(m) Contributions
   Page 19




---



##### 



20.
    
    Certain Disaggregation Rules Not Applicable.
  IN WITNESS WHEREOF, the Employer has caused this Amendment to be executed by its duly
represented officer, this 18 th day of December, 2006.
 EMPLOYER:By:
    /s/ GARY A. KREITZERGary A. KreitzerExecutive Vice President Page 20
U.S. District Court for the Northern District Of Illinois

Attorney Appearance Form

Case Title: Illinois Republic Party et al. v. Case Number: 20-cv-03489

J.B. Pritzker 

An appearance is hereby filed by the undersigned as attorney for: Plaintiffs Illinois 

Republic Party, Will County Republican Central Committee, Schaumburg Township 

Republican Organization, and Northwest Side GOP Club

Attorney name (type or print): Jeffrey M. Schwab

Firm: Liberty Justice Center

Street address: 190 S. LaSalle St., Suite 1500

City/State/Zip: Chicago, IL 60603

Bar ID Number: 6290710

(See item 3 in instructions)

Telephone Number: 312-263-7668

Email Address: jschwab@libertyjusticecenter.org

Are you acting as lead counsel in this case? Yes X No 

Are you acting as local counsel in this case? Yes X No 

Are you a member of the court’s trial bar? Yes X No 

If this case reaches trial, will you act as the trial attorney? Yes X No 

If this is a criminal case, check your status. Retained Counsel 

 Appointed Counsel 

 If appointed counsel, are you 

 Federal Defender 

 CJA Panel Attorney 

_____________________________________________________________________ 

In order to appear before this Court an attorney must either be a member in good standing of this Court’s general bar or be granted 

leave to appear pro hac vice as provided for by local rules 83.12 through 83.14. I declare under penalty of perjury that the foregoing 

is true and correct. Under 28 U.S.C.§1746, this statement under perjury has the same force and effect as a sworn statement made 

under oath. 

Executed on 06/22/2020

Attorney signature: /s/ Jeffrey M. Schwab

(Use electronic signature if the appearance form is filed electronically.) 

Revised 8/1/2015 

Case: 1:20-cv-03489 Document #: 9 Filed: 06/22/20 Page 1 of 1 PageID #:48
<PAGE>
                                  EXHIBIT 31.2
                     RULE 13A-14(A)/15D-14(A) CERTIFICATION

I, Lauren Farrell, Chief Financial Officer of Ambient Corporation (the
"Company"), certify that:

1. I have reviewed this quarterly report on Form 10-QSB of the Company;

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 Company as of,
and for, the periods presented in this report;

4. The Company'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 Company 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 Company is made known to us by others
within the Company, particularly during the period in which this report is being
prepared;

b) Evaluated the effectiveness of the Company'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 Company's internal control over
financial reporting that occurred during the Company's most recent fiscal
quarter that has materially affected, or is reasonably likely to materially
affect, the Company's internal control over financial reporting;

5. The Company's other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
Company's auditors and the audit committee of the Company's board of directors
(or persons fulfilling the equivalent function):

a) All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the Company'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 Company's internal control over
financial reporting.

Date: NOVEMBER 14, 2005


/s/ LAUREN FARRELL
-------------------------------------
LAUREN FARRELL
CHIEF FINANCIAL OFFICER
THE THIRTEENTH COURT OF APPEALS

13-21-00417-CV

CITY OF ALAMO

v.

JERONIMO IBARRA FLORES

On Appeal from the

County Court at Law No 9 of Hidalgo County, Texas

Trial Court Cause No. CL-20-2188-I

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered 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 will be taxed against the 

party incurring the same.

We further order this decision certified below for observance.

June 30, 2022
Date:

Re: 

USDC Case Number:

Judge: 

The attached copy of the Notice of Appeal is being mailed to all parties pursuant to F.R.A.P.3(d). 

Circuit Rule 10 provides that the entire record be electronically accessible to the Court of Appeals. 

Counsel must ensure that Trial Exhibits to be included in the record which are not listed on the 

District Court docket and/or in the possession of the District Court Clerk are furnished to the Clerk 

on or before , together with an exhibit list. 

F.R.A.P. 10(b) requires that within fourteen (14) days of the filing of the Notice of Appeal, the 

appellant order a transcript of such parts of the proceedings not already on file which he/she deems 

necessary for the record. Should appellant order less than the entire transcript, he/she is required 

to file and serve on appellee a description of the parts he/she intends to order. Under such 

circumstances, appellee has fourteen (14) days after service within which to order any additional 

parts of the transcript. 

In the event it becomes necessary to supplement, modify, correct, or strike documents that are to 

be considered as part of the record on appeal, a court order must be issued and sent to the Court of 

Appeals.

Sincerely yours, 

Thomas G. Bruton, Clerk 

By: /s/ 

 Deputy Clerk 

Enclosure 

Rev. 06/20/2018 

Case: 1:20-cv-03758 Document #: 128 Filed: 04/27/23 Page 1 of 1 PageID #:2924
MICHAEL P. ADERHOLD

,

Petitioner,

v.

STATE OF FLORIDA

,

Respondent.

___________________________/ IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF F ILED

CASE NO. 1D 15

- 0977

Opinion filed March 20, 2015.

Petition Alleging Ineffective Assistance of Appellate Counsel

-- Original

Jurisdiction

.

Michael P. Aderhold, pro se , Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee , for Respondent

.

PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is denied on the

merits.

LEWIS, C.J., MARSTILLER and OSTERHAUS, JJ., CONCUR.