alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
| 200 Witmer Road  -  P.O. Box 1015  -  Horsham, PA  19044-8015 GMAC **Commercial Mortgage**********Annual Statement as to Compliance For the Year Ended December 31, 2004 ***********J.P. Morgan Chase Commercial Mortgage Securities Corp.,******Series 2004-C2***Pursuant to Section 3.13 of the Pooling and Servicing Agreement governing the referenced transaction, I hereby attest that: i.A review of the activities of GMAC Commercial Mortgage Corporation as Master Servicer during the period, and of its performance under this Pooling and Servicing Agreement, has been made under my supervision. ii.To the best of my knowledge, based on such review, GMAC Commercial Mortgage Corporation as Master Servicer, has fulfilled in all material respects its obligations under this Pooling and Servicing Agreement throughout the period. iii.GMAC Commercial Mortgage Corporation, as Master Servicer, has received no notice regarding qualifications, or challenging the status, of the Trust Fund as a REMIC from the Internal Revenue Service or any other governmental agency or body.  GMAC COMMERCIAL MORTGAGE CORPORATION /s/ Brian T. Stauffer Brian T. Stauffer Senior Vice President February 20, 2005 ******** |
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
**EXHIBIT 32.1****CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER**     Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, theundersigned officer of Xenonics Holdings, Inc (the “Company”) hereby certifies that, to the best ofhis knowledge:     (i) the Annual Report on Form 10-KSB of the Company for the fiscal year ended September30, 2005 (the “Report”) fully complies with the requirements of Section 13(a) or Section15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and     (ii) the information contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.     Dated: January 13, 2006 /s/ Richard J. Naughton     Richard J. Naughton    Chief Executive Officer
#### Adams *v.*Lisher. on Appeal.

*LISHER*sued *Adams*in an action for a malicious prosecution, in causing him to be prosecuted in the District Court of the *United States*for cutting timber on the public land. Plea, not guilty. On the .trial, the Circuit Court, at the plaintiff’s request, charged the jury as follows: — “That the record of acquittal of *Lisher*in the District Court, *is prima facie*evidence of the want of probable cause, and puts the defendant on the proof of probable cause.” Verdict and judgment for the plaintiff. The defendant appealed.

*Held,*that *Usher’s*acquittal was not *prima facie*evidence of the want of probable cause for the prosecution against him; *and*that the instructions to the jury were therefore erroneous. 2 Stark. Ev. 913.—2 Saund. Pl. & Ev. *663.*—Incledon v. *Berry et al.*1 Camp. 203, *note.*—Purcell v. *Macnamara,*9 East, 361.—*Burley*v. *Bethune,*5 Taunt. 580 (1).

*P. Sweetser*and *W. W. Wick,*for the appellant.

*C. Fletcher*and *H. F. Robison,*for the appellee.

(1)

 “It is invariably necessary, in an action of this nature, *(mal. pm.)*to give some positive evidence, arising out of the circumstances of the prosecution, to show that it was groundless; it is insufficient to prove a mere acquittal, or even to prove any neglect or omission on the part of the defendant to make good his charge, for, as was observed in the case of *Purcell*v. *Macnamara,*9 East, 361, the prosecution may have been commenced and abandoned from the purest and most laudable motives.” 2 Stark. Ev. 5th Amer. ed. 493.

The judgment was reversed with costs.
##### 



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 the Quarterly Report of Color Kinetics Incorporated (the Company) on Form 10-Q
for the period ended March 31, 2005, as filed with the Securities and Exchange Commission on the
date hereof (the Report), each of the undersigned, George G. Mueller, Chief Executive Officer,
and David K. Johnson, Chief Financial Officer, of the Company, certifies, to the best knowledge and
belief of the signatory, pursuant to 18 U.S.C.§ 1350, adopted pursuant to §906 of the
Sarbanes-Oxley Act of 2002, that:  1)
    the Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended; and2)
    the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations
of the Company. /s/ George G. MuellerGeorge G. MuellerChief Executive Officer /s/ David K. JohnsonDavid K. JohnsonChief Financial Officer Dated: May 10, 2005 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 Color Kinetics Incorporated and will be retained by Color Kinetics Incorporated and furnished to
the Securities and Exchange Commission or its staff upon request. 22
Order entered November 7 , 2014

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 14
- 00134
- CR HAMID SHOHREH, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 199th Judicial District Court

Collin County, Texas Trial Court Cause No. 199
- 82213
- 2013



### O RDER The Court suspends the 21

- day requirement for notice of submission and ORDERS the appeal submitted without argument, as of the date of this order, to a panel consisting of Chief Justice Wright and Justices Myers and Brown

. See T EX
. R. A PP
. P . 2, 39.8.

/s/ CAROLYN WRIGHT CHIEF JUSTICE
Spectrally tunable sources and filters:

tools for clinical bioimaging

Toni Litorja, David Allen, Eric Shirley, Steve Brown, Joe Rice 

Optical Technology Division

National Institute of Standards and Technology
Hyperspectral Imaging 

Environmental remote sensing

Chemical imaging spectroscopy 

Spectral property of tissue

Hyperspectral imaging for clinical use 
Using Tunable Filters

• Clinical hyperspectral imaging

• Uses ambient lighting

• Non-mechanical scanning

• Many commercial sources

Liquid crystal tunable filter

CRI Inc. 

AOTF

Chromodynamics Inc. NIST OTD Metrology

Need spectral band characterization

(filter function)

Normalize images to standard reference 

for reflectance

Corrections for spectral stray light New filter technologies 

still under development 
Using Tunable Sources

Patient

tunable 

source

Dr. Karel Zuzak and Dr. Ed Livingston

UT Arlington/UT Southwestern Medical Center

DLP Surgical Utility 

http://www.youtube.com/watch?v=Bz46ynbLrx0

Useful in laparoscopy

Faster acquisition

Metrology:

Characterization of slit function

Corrections for stray light 

Hyperspectral images (HSI) demonstrating real-time renal tissue oxygenation. 

A. In situ view of porcine kidney, B. Prior to occlusion of the renal artery and 

vein (AV), the renal parenchyma demonstrates a high percentage of 

oxyhemoglobin (% HbO2), C. After 55 minutes of ischemia, HSI detects a 

dramatic decrease in renal % HbO2.
-80

-60

-40

-20

0

20

40

60

80

-80 -60 -40 -20 0 20 40 60 80

Ref.

Test

a*

b*

CIELAB

Ref

lamp

Test

lamp

Illuminant Simulation for Visual Contrast Enhancement 

∆E*ab=19.4

Can we change the spectral distribution 

of the light source to enhance contrast 

between anatomically different but 

similarly colored features? 

6000 K

3000 K

3000 K and 6000 K 

Planckian radiators

0

0.2

0.4

0.6

0.8

1

1.2

1.4

1.6

400 450 500 550 600 650 700

W avelength

Relative intensity [a.u.]

6000 K

3000 K

Clear perfusion sol’n blood

Example: A normalized 

hyperspectral image of a 

perfused porcine kidney are 

presented using simulated 

Planckian radiators of 3000 K 

and 6000 K color temperature

Ref on Color Quality Scale: Davis and Ohno, NIST

Provide a clinician another control 

besides brightness to aid in 

discrimination 

Use CIE color contrast metrics

Simulate using image processing software

Realize using tunable source
Digital Tissue Phantoms for Imager Calibration

There is a need for a standard medical imager calibration phantom to reduce 

uncertainties in interlaboratory clinical comparisons

Phantoms used in medical imaging are tissue-mimetics made of soft materials with short 

shelf life and are non-portable

Technical Approach: use the HIP concept to project images as the calibration phantom

Image acquired using a calibrated imager

hyperspectral image

Standard Image Acquisition

Image Decomposition Image Projection

HIP Ref: Rice and Brown, NIST
Contact Information

– Maritoni Litorja

NIST / Optical Technology Division

100 Bureau Drive MS 8441

Gaithersburg, MD 20899-8460

301-975-8095

litorja@nist.gov
Exhibit 31.1



CERTIFICATION



I, John Swallow, certify that:





1. I have reviewed this annual report on Form 10-KSB of Timberline Resources Corporation;



2. Based on my knowledge, this report does not contain any untrue statements 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 small business issuer's other certifying officers 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 small business issuer 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 small business issuer, 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 small business issuer'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 small business issuer's internal control over financial reporting that occurred during the small business issuer's most recent fiscal quarter (the small business issuer's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonable likely to materially affect, the small business issuer's internal control over financial reporting; and



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



(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 small business issuer'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 small business issuer's internal control over financial reporting.





Date: May 30, 2006.



/s/ John Swallow

_______________________

John Swallow

(CEO and Chairman of the Board of Directors)

---

---
<TABLE> <S> <C>

<ARTICLE> 5
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<CIK> 0001049510
<NAME> ACME TELEVISION, LLC
<MULTIPLIER> 1,000

<S>                             <C>
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<INCOME-PRETAX>                                (8,723)
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</TABLE>
EXHIBIT 10.11

                     SAND HILL IT SECURITY ACQUISITION CORP.




                                 April 23, 2004

Sand Hill Security LLC
3000 Sand Hill Road
Building 1, Suite 240
Menlo Park, California 94025

Gentlemen:

     This letter will confirm our  agreement  that,  commencing on the effective
date  ("Effective  Date") of the  registration  statement for the initial public
offering  ("IPO") of the securities of Sand Hill IT Security  Acquisition  Corp.
(the  "Company") and continuing (i) until the  consummation  by the Company of a
"Business  Combination" (as described in the Company's IPO prospectus),  (ii) 18
months from  commencement  of the IPO if the Company  does not effect a Business
Combination,  or (iii) 24 months from the consummation of the IPO if a letter of
intent,  agreement in principle or definitive agreement has been executed within
18 months of commencement of the IPO and the Company has not effected a Business
Combination,  Sand Hill Security LLC shall make available to the Company certain
office and  secretarial  services as may be required by the Company from time to
time,  situated  at 3000 Sand Hill Road,  Building  1, Suite  240,  Menlo  Park,
California  94025.  In  exchange  therefore,  the  Company  shall  pay Sand Hill
Security LLC the sum of $7,500 per month on the  Effective  Date and  continuing
monthly thereafter.

                                      Very truly yours,

                                      SAND HILL IT SECURITY
                                      ACQUISITION CORP.

                                      By:  /s/ Humphrey P. Polanen
                                      -----------------------------
                                      Name:    Humphrey P. Polanen
                                      Title:   Chairman of the Board

AGREED TO AND ACCEPTED BY:

SAND HILL SECURITY LLC

By:  /s/ Humphrey P. Polanen
-----------------------------
Name:    Humphrey P. Polanen
Title:   Manager
*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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 01-30240

Summary Calendar

 

SHAHED MUHAMMAD,

Plaintiff-Appellant,

versus

CITY OF NEW ORLEANS; NEW ORLEANS POLICE 

DEPARTMENT; RICHARD PENNINGTON, Superintendent 

of the New Orleans Police Department,

Defendants-Appellees.

 

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 99-CV-393-F

 

November 7, 2001

Before GARWOOD, BARKSDALE, and DeMOSS, Circuit Judges.

PER CURIAM:*

Shahed Muhammad filed suit against the City of New Orleans

(City), the New Orleans Police Department (NOPD), and NOPD

Superintendent Richard Pennington alleging that he had been

discharged as a NOPD officer in violation of the Americans with

Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964,
2

and LA. CIV. CODE ANN. art. 2315.

The district court found that the summary judgment evidence

submitted by the defendants was conclusive that Muhammad was not

qualified to perform the essential functions of a NOPD officer.

See McInnis v. Alamo Cmty. Coll. Dist., 207 F.3d 276, 279-80 (5th

Cir. 2000). Muhammad produced no evidence to show he can function

as a NOPD officer, an issue on which he would have the burden of

proof at trial. The district court did not err in granting summary

judgment in favor of the defendants on the ADA claim. Fed. R. Civ.

P. 56(c); Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.

1994) (en banc).

The district court dismissed the Title VII claim under Fed. R.

Civ. P. 12(b)(6) because Muhammad’s complaint does not make any

allegation that he had been discriminated against based on race,

color, religion, sex, or national origin. McDonnell-Douglas Corp.

v. Green, 411 U.S. 792, 802 (1973); Mayberry v. Vought Aircraft

Co., 55 F.3d 1086, 1089 (5th Cir. 1995). The district court did

not err in dismissing this claim. 

The district court dismissed Muhammad’s state law tort claim

because article 2315 does not provide a cause of action for

employment discrimination. On appeal, Muhammad failed to

adequately brief his challenge of this dismissal. He did not list

this an issue, did not mention it in his summary of argument and

did not specify any standard of review, made no citations to any
3

case law interpreting article 2315, and did not even specify which

of his factual allegations would support a tort action under

article 2315. For the same reasons, Muhammad has failed to brief

his assertion that he presented adequate claims of retaliatory

discharge. Accordingly, we will not consider those issues. See

Oden v. Oktibbeha County, Miss., 246 F.3d 458, 470 n.12 (5th Cir.

2001); Fed. R. App. P. 28(a)(9).

AFFIRMED
#### Clyde T. COOLEY, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

No. 02-7093.

United States Court of Appeals, Federal Circuit.

Nov. 9, 2004.

ORDER

Pursuant to the Court’s letter dated September 27, 2004,

IT IS ORDERED THAT:

This appeal is dismissed.
Exhibit 99.1


                            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 the Quarterly Report of Medford Bancorp, Inc. (the
"Company") on Form 10-Q for the period ending June 30, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Arthur
H. Meehan, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, that, to the best of my knowledge:

      (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 result of operations of the
Company.


/s/ Arthur H. Meehan
--------------------------------
Arthur H. Meehan
Chief Executive Officer
August 14, 2002


This Certification shall not be deemed part of the Report or incorporated by
reference into any of the Company's filings with the Securities and Exchange
Commission by implication or by any reference in any such filings to the Report.
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</TABLE>