alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                   EXHIBIT 3.1.2


                            CERTIFICATE OF AMENDMENT
                                       TO
               AMENDED AND RESTATED CERTIFICATE OF INCORPORATION
                                       OF
                   CAPSTAR RADIO BROADCASTING PARTNERS, INC.

                        (Incorporated on August 5, 1980)

              (Pursuant to Section 242 of the General Corporation
                         Law of the State of Delaware)

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

         Capstar Radio Broadcasting Partners, Inc., a corporation organized and
existing under and by virtue of the General Corporation Law of the State of
Delaware (the "Corporation"), hereby certifies:

         FIRST, that the board of directors of the Corporation duly adopted a
resolution proposing and declaring advisable the following amendment to the
Amended and Restated Certificate of Incorporation of the Corporation in
accordance with the provisions of Section 242 of the General Corporation Law of
the State of Delaware:

                 RESOLVED, that the Board of Directors of the Corporation deems
         and declares advisable an amendment to the Amended and Restated
         Certificate of Incorporation of the Corporation to amend Article Four
         to read in its entirety as follows; and that such amendment be
         submitted to the stockholders of the Corporation for their
         consideration and approval:

                                  ARTICLE FOUR

                                AUTHORIZED STOCK

                 The total number of shares of all classes of stock which the
         corporation shall have authority to issue is 1,500,000,000 shares of
         Common Stock of the par value of One Cent ($.01) per share.

         SECOND, that in lieu of a meeting and vote of the sole stockholder of
the Corporation, the stockholder of the Corporation has given written consent
to said amendment in accordance with the provisions of Section 228(a) of the
General Corporation Law of the State of Delaware.

         THIRD, that the previously stated amendment to the Amended and
Restated Certificate of Incorporation of the Corporation was duly adopted by
the sole stockholder of the Corporation in accordance with the provisions of
Section 242 and of the General Corporation Law of the State of Delaware.
<PAGE>   2
         IN WITNESS WHEREOF, the undersigned has executed this Certificate this
28th day of  January, 1998.

                                                    CAPSTAR RADIO BROADCASTING
                                                    PARTNERS, INC.



                                                    By: /s/ R. Steven Hicks
                                                       -----------------------
                                                       R. Steven Hicks
                                                       Chief Executive Officer
11043.

#### Fallin *v.*Locomotive Engineers Mutual Life & Accident Insurance Association.

Decided February 10, 1920.

Smith, J.

Where a certificate or policy of insurance issued by the Locomotive Engineers Mutual Life & Accident Insurance Association contains the following: “Any member of this association, . . sustaining the total or permanent loss of sight in one or both eyes, shall receive the full amount of his insurance. . . This association will not recognise a claim for the insurance of any certificate holder for impaired eyesight, but for total and permanent blindness only, in one or both .eyes,” the association is not liable in a suit in which it is sought to recover thereon for total and permanent blindness, where the petition alleges that the plaintiff has become color blind in both eyes. Color blindness does not amount to total and permanent blindness within the meaning of the policy. The court did not err in sustaining the general demurrer and dismissing the ease.

*Judgment affirmed.*

*Jenlcins, P. J., and Stephens, J., concur.*

*765Action on insurance policy; from Fulton superior court—Judge Pendleton. October 16, 1919.

*Mayson &*Johnson, for plaintiff.

*Reuben R.*Arnold, for defendant.
EXHIBIT 31.1
**CERTIFICATION**
I, Frederic M. Poses, certify that:
 1. I have reviewed this report on Form 10-Q of American StandardCompanies Inc.;  2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under whichsuch statements were made, not misleading with respect to the periodcovered by this report;  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 flowsof the registrant as of, and for, the periods presented in this report;  4. The registrant’s other certifying officer(s) and I are responsiblefor establishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:
 (a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision,to ensure that material information relating to the registrant,including its consolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period in which thisreport is being prepared;  (b) Evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and  (c) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’smost recent fiscal quarter (the registrant’s fourth fiscal quarter inthe case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and
 5. The registrant’s other certifying officer(s) and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors (or persons performing the equivalentfunctions):
 (a) All significant deficiencies and material weaknesses in the designor operation of internal control over financial reporting which arereasonably likely to adversely affect the registrant’s ability torecord, process, summarize and report financial information; and
1

 

   (b) Any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’s internalcontrol over financial reporting.
Date: October 29, 2004
     
By: /s/ Frederic M. Poses       Frederic M. Poses       Chief Executive Officer
2
10778.

#### Barksdale *v.*The State.

Decided November 4, 1919.

Indictment for possession of intoxicating liquor; from Lincoln superior court—Judge Walker. June 23, 1919.

*Colley & Colley,*for plaintiff in error.

*B. C. Norman, solicitor-general,*contra.'

Luke, J.

1. The court substantially charged, as requested by the defendant, and, in view of the evidence, the charge of the court was most fair to the defendant.

2. The evidence amply authorized the jury to find that the defendant was in possession of many gallons of whisky, and of material and equipment for making more. lie had in his house clothes arid shoes covered with the “slops” from the still, etc. The trial court approved the verdict; no error of law is shown; the defendant had a fair trial by a jury of his people; and it was proper to overrule the motion for a new trial.

*Judgment affirmed.*

*Broyles, O. J., and Bloodworth, J., concur.*
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains financial information extracted
from the Company's Form 10-Q for the quarter ended
June 30, 1999 and is qualified in its entirety by reference
to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                         834,734
<SECURITIES>                                         0
<RECEIVABLES>                                1,102,802
<ALLOWANCES>                                         0
<INVENTORY>                                  1,246,987
<CURRENT-ASSETS>                             3,466,905
<PP&E>                                         211,905
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               4,368,062
<CURRENT-LIABILITIES>                          266,341
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     4,051,134
<OTHER-SE>                                      26,959
<TOTAL-LIABILITY-AND-EQUITY>                 4,368,062
<SALES>                                      1,151,443
<TOTAL-REVENUES>                                     0
<CGS>                                          562,586
<TOTAL-COSTS>                                  468,566
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                126,658
<INCOME-TAX>                                    35,734
<INCOME-CONTINUING>                             90,924
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    90,924
<EPS-BASIC>                                      .01
<EPS-DILUTED>                                      .01


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM UNAUDITED
INTERIM STATEMENTS FOR THE THREE MONTHS ENDED AUGUST 31, 2000 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH QUARTERLY REPORT ON FORM 10QSB FOR THE
QUARTERLY PERIOD ENDED AUGUST 31, 2000.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAY-31-2001
<PERIOD-START>                             JUN-01-2000
<PERIOD-END>                               AUG-31-2000
<CASH>                                         677,625
<SECURITIES>                                         0
<RECEIVABLES>                                  187,144
<ALLOWANCES>                                         0
<INVENTORY>                                    217,672
<CURRENT-ASSETS>                             1,238,304
<PP&E>                                       2,030,130
<DEPRECIATION>                               1,734,761
<TOTAL-ASSETS>                               1,667,995
<CURRENT-LIABILITIES>                          280,258
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           514
<OTHER-SE>                                  33,623,550
<TOTAL-LIABILITY-AND-EQUITY>                 1,667,995
<SALES>                                        119,101
<TOTAL-REVENUES>                               119,101
<CGS>                                          134,206
<TOTAL-COSTS>                                  134,206
<OTHER-EXPENSES>                               885,307
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 747
<INCOME-PRETAX>                              (886,540)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (886,540)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (886,540)
<EPS-BASIC>                                    (.02)
<EPS-DILUTED>                                    (.02)


</TABLE>
<PAGE>   1
 
                                                                    EXHIBIT 23.2
 
                        CONSENT OF INDEPENDENT AUDITORS
 
The Board of Directors
NorthWestNet, Inc.:
 
     We consent to the use of our report relating to the financial statements of
NorthWestNet, Inc. as of June 30, 1996 and for the six months ended June 30,
1996 and the eight months ended February 28, 1997, and the financial statements
of NorthWest Academic Computing Consortium, Inc. as of June 30, 1995 and for the
year ended June 30, 1995 and the six months ended December 31, 1995, included
herein and to the reference to our firm under the heading "Experts" in the
Prospectus.
 

                                          /s/ KPMG Peat Marwick LLP
                                          KPMG Peat Marwick LLP
 
Seattle, Washington
July 6, 1998
1 

13-3144-cv 

Sirob Imports, Inc. v. Peerless Ins. Co. 

UNITED STATES COURT OF APPEALS 

FOR THE SECOND CIRCUIT

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A 

SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY 

FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN 

CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE 

EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION 

ASUMMARY ORDER@). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON 

ANY PARTY NOT REPRESENTED BY COUNSEL.

1 At a stated term of the United States Court of Appeals for the Second Circuit, held at 

2 the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New 

York, on the 6th 3 day of March, two thousand fourteen. 

4 

5 PRESENT: REENA RAGGI, 

6 DENNY CHIN, 

7 Circuit Judges, 

8 MAE A. D’AGOSTINO, 

District Judge.

* 9 

10 ---------------------------------------------------------------------- 

11 SIROB IMPORTS, INC., 

12 Plaintiff-Appellant, 

13 

14 v. No. 13-3144-cv 

15 

16 PEERLESS INSURANCE COMPANY, 

17 Defendant-Appellee. 

18 ---------------------------------------------------------------------- 

19 APPEARING FOR APPELLANT: MITCHELL J. WINN, Esq., Garden City, 

20 New York. 

21 

22 APPEARING FOR APPELLEES: SCOTT D. STORM, Mura & Storm, 

23 PLLC, Buffalo, New York. 

24 

 

*

 The Honorable Mae A. D’Agostino, of the United States District Court for the Northern 

District of New York, sitting by designation. 
2 

1 Appeal from a judgment of the United States District Court for the Eastern District 

2 of New York (Arthur D. Spatt, Judge). 

3 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, 

4 AND DECREED that the judgment entered on August 2, 2013, is AFFIRMED. 

5 The parties having agreed at oral argument that the case is now moot in light of 

6 Executive Plaza, LLC v. Peerless Insurance Co., — N.Y.2d —, — N.Y.S.2d —, 2014 WL 

7 551251, 2014 N.Y. Slip Op. 00898 (Feb. 13, 2014), the district court’s judgment of 

8 dismissal without prejudice is AFFIRMED. 

9 FOR THE COURT: 

10 CATHERINE O’HAGAN WOLFE, Clerk of Court

11
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4327 Referred in Senate (RFS)]

  2d Session
                                H. R. 4327

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              July 7, 2004

  Received; read twice and referred to the Committee on Governmental 
                                Affairs

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
 at 7450 Natural Bridge Road in St. Louis, Missouri, as the ``Vitilas 
                  `Veto' Reid Post Office Building''.

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

SECTION 1. DESIGNATION.

    The facility of the United States Postal Service located at 7450 
Natural Bridge Road in St. Louis, Missouri, shall be known and 
designated as the ``Vitilas `Veto' Reid Post Office Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``Vitilas `Veto' Reid Post 
Office Building''.

            Passed the House of Representatives July 6, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```
<PAGE>   1
                                                                   EXHIBIT 23.1



                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS



As independent public accountants, we hereby consent to the use of our report
and to all references to our Firm included in or made a part of the Form S-8
made by Xeta Corporation on August 28, 1995. It should be noted that we have not
audited any financial statements of the Company subsequent to October 31, 1997
or performed any audit procedures subsequent to the date of our report.



                                                 ARTHUR ANDERSEN LLP


Tulsa, Oklahoma
  June 10, 1998



                                       21
EXHIBIT
      32.2




CERTIFICATION
      FURNISHED 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 Patriot Scientific Corporation (the
      “Company”) on Form 10-QSB for the period ended August 31, 2005, as filed
      with the Securities and Exchange Commission and to which this Certification
      is
      an exhibit (the “Report”), the undersigned officer of Patriot Scientific
      Corporation does hereby certify, pursuant to Rule 15d-14(b) of the Securities
      and Exchange Act of 1934, as amended, and Section 1350 of Chapter 63 of Title
      18
      of the United States Code 18 U.S.C. Section 1350, as adopted pursuant to
      Section 906 of the Sarbanes-Oxley Act of 2002, that to his 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 results of operations of the Company.






Date:
      November 7, 2006


/s/
                  Thomas J. SweeneyThomas
                J. Sweeney
              *Chief
                Financial Officer*
10399.

#### Parrish *et al. v.*The State.

Decided June 13, 1919.

Accusation of possession of liquor; from city court of Savannah— Judge Rourke. February 13, 31, 1919.

*David S. Atlcinson, II. Mercer Jordan,*for plaintiff in error.

*Walter C. Harbridge, solicitor-general,*contra.

Beoyles, P. J.

1. The court did not err “in failing to charge the jury that they must find the defendants guilty of every material allegation alleged in the accusation;” or “in failing to charge the jury that it must find the alleged offense was committed within two years of the date of the filing of the accusation.” If these instructions had been given to the jury, the defendants could have justly complained that the court virtually directed a verdict in favor of the State.

2. The evidence amply authorized, if it did not demand, the verdict returned, and the court did not err in overruling the motion for a new trial.

*Judgment affirmed.*

*Bloockoorth and Stephens, JJ., concur.*
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                           6,366
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                   (1,194)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         296,959
<DEPRECIATION>                                (49,558)
<TOTAL-ASSETS>                                 293,352
<CURRENT-LIABILITIES>                                0
<BONDS>                                        210,826
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      69,532
<TOTAL-LIABILITY-AND-EQUITY>                   293,352
<SALES>                                              0
<TOTAL-REVENUES>                                28,596
<CGS>                                                0
<TOTAL-COSTS>                                   15,109
<OTHER-EXPENSES>                                 4,507
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               7,626
<INCOME-PRETAX>                                  1,623
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              1,623
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  (330)
<CHANGES>                                            0
<NET-INCOME>                                     1,293
<EPS-PRIMARY>                                      .34
<EPS-DILUTED>                                      .33
        

</TABLE>
<PAGE>


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


I, Patricia G. Kriss, Chief Financial Officer of Entropin, Inc. (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:

         (a) the Quarterly Report on Form 10-QSB of the Company for the fiscal
quarter ended June 30, 2003, as filed with the 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; and

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


Dated: August 12, 2003

By:      /s/ Patricia G. Kriss
         -----------------------
         Patricia G. Kriss
         Chief Financial Officer

         A signed original of this written statement required by Section 906 of
the Sarbanes-Oxley Act of 2002 has been provided to Entropin, Inc. and will be
retained by Entropin, Inc. and furnished to the Securities and Exchange
Commission upon request.