alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
10666.

#### Darby *v.*The State.

Decided October 10, 1919.

Conviction of manslaughter; from Toombs superior court— Judge Hardeman. April 29, 1919.

*Charles W, Sparks, Hines, Hardwick & Jordan,*for plaintiff in error.

*Walter F. Grey, solicitor,*contra.

Broyles, C. J.

1. The grant or refusal of an extraordinary motion for a new trial, based upon the ground of newly discovered testimony, rests largely in the sound discretion of the trial judge; and this court will not interfere with the exercise of that discretion, where the newly discovered evidence is largely impeaching and cumulative in character, and where it does not appear that such an extraordinary state of facts was shown by the affidavits submitted upon the hearing of the extraordinary motion as would probably produce a different result if a new trial should be granted. *Rogers*v. *State,*129 *Ga.*589 (59 S. E. 288); *Thomas*v. *State,*19 *Ga. App.*242 (91 S. E. 287).

2. It does not appear from the record that the trial judge, in overruling the extraordinary motion for a new trial, abused, or failéd to exercise, the discretion vested in him.

*Judgment affirmed.*

*Luke and Bloodworth, JJ., concur.*
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* 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. United States Court of Appeals

Fifth Circuit 

## FILED March 7, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-50519 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus GABRIEL DOMINGUEZ-CASTRO, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 3:05-CR-2507-ALL

-------------------- Before KING, WIENER, and OWEN, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Gabriel Dominguez-Castro raises arguments that are foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4509 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 4509

  To authorize the Board of Regents of the Smithsonian Institution to 
  carry out activities in support of the collaborative Very Energetic 
Radiation Imaging Telescope Array System (VERITAS) project on Kitt Peak 
                         near Tucson, Arizona.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 2004

  Mr. Regula (for himself, Mr. Sam Johnson of Texas, and Mr. Matsui) 
 introduced the following bill; which was referred to the Committee on 
                          House Administration

_______________________________________________________________________

                                 A BILL

 
  To authorize the Board of Regents of the Smithsonian Institution to 
  carry out activities in support of the collaborative Very Energetic 
Radiation Imaging Telescope Array System (VERITAS) project on Kitt Peak 
                         near Tucson, Arizona.

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

SECTION 1. AUTHORIZING BOARD OF REGENTS OF SMITHSONIAN INSTITUTION TO 
              CARRY OUT ACTIVITIES IN SUPPORT OF VERITAS ASTROPHYSICAL 
              OBSERVATORY PROJECT.

    The Board of Regents of the Smithsonian Institution is authorized 
to carry out activities in support of the collaborative Very Energetic 
Radiation Imaging Telescope Array System (VERITAS) project on Kitt Peak 
near Tucson, Arizona, including developing the site, constructing an 
astrophysical observatory instrumentation support facility, and 
installing necessary utilities and equipment housings.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $1,000,000 for fiscal year 
2005 to carry out section 1.
                                 <all>
```
```

                                                                    EXHIBIT 32.1

                  CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER
            PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant  to 18  U.S.C.  1350,  as  adopted  pursuant  to  Section  906  of  the
Sarbanes-Oxley  Act of  2002,  the  undersigned,  A.  F.  Petrocelli,  Chairman,
President and Chief Executive  Officer of United Capital Corp. (the  "Company"),
does hereby  certify,  with respect to the Annual  Report of the Company on Form
10-K for the period ended December 31, 2005 (the "Report") 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:  March 27, 2006

                                 /s/ A. F. PETROCELLI
                                 -----------------------------------------
                                 A. F. Petrocelli
                                 Chairman, President and Chief Executive Officer
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
BALANCE SHEET AT SEPTEMBER 30, 1995 AND THE STATEMENT OF OPERATIONS FOR THE NINE
MONTHS ENDED SEPTEMBER 30, 1995 AS INCLUDED IN FORM 10-QSB FOR THE QUARTERLY
PERIOD ENDED SEPTEMBER 30, 1995 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
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<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
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<CASH>                                               0
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<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,300
<OTHER-SE>                                     (1,300)
<TOTAL-LIABILITY-AND-EQUITY>                         0
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                               (158,689)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (158,689)
<EPS-PRIMARY>                                  (0.012)
<EPS-DILUTED>                                        0
        

</TABLE>
Promoting Scientific Literacy and Effective 

Citizenship by Infusing Standards Literacy in the 

Undergraduate General Sciences Curricula

Claudia E. Vergara

Director for Program Evaluation and Assessment

Center for Integrative Studies in General Science 

Michigan State University
Development & Implementation of a Standards 

Curriculum

CISGS Mission: To Enhance Scientific Literacy

Institutional Context: General Education Requirement

• Annually ~12,000 non-STEM majors

• Lecture Courses [ISB & ISP] (6 cr.) & Laboratory courses (2 cr.) 

Project Goal: To develop and embed standards education modules in 

required general science courses:

• Foster scientific and quantitative literacies while enhancing students’ 

understanding of the processes involved in the development of standards.

• Engage students with the complex socioeconomic and ethical implications 

of standards development, implementation, and compliance in a variety of 

contexts.
Standards in the Classroom

Laboratory: Inquiry & Experimentation

Students evaluate:

• Organic hops to determine aphid content

• Chloride concentrations in water & soil

Lecture: Environment & Health

Students investigate:

• Use of pesticides

• Food production & antibiotic resistance

• Environment & climate change

Activities: Reading Assignments, Case Studies, Co-curricular, Independent 

Research, Lab & Field Investigations Stakeholder Role-Playing and Debates
Our Analyses Indicate... 

Participation in the Standard modules contributed to students’:

• Increased awareness about standards and standardization 

processes.

• Increased understanding about the role of science and the 

scientific process in standard development.

• Increased awareness of the implications of the implementation of, 

and compliance with standardization processes in a variety of 

contexts.

MSU Student Impact:

• Lecture courses; N=850

• Laboratory courses (50 sections); N=1,250

4,200 students

yearly 

“[...] I should note that probably the most enduring part of all the work we did 

on standards – and certainly the most important – is what you have done with 

the general education classes.” Larry Busch, 2019 (personal communication).
MSU Team

Lawrence Busch- Department of Sociology

CISGS:

Osvaldo Hernandez

Ryan Kimbirauskas

Courtney Wicklund

Gabe Ording ordingga@msu.edu

Claudia E. Vergara vergara@msu.edu

Questions?
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<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
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<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
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<RECEIVABLES>                                   18,796
<ALLOWANCES>                                         0
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<CURRENT-ASSETS>                               115,692
<PP&E>                                       1,528,337
<DEPRECIATION>                                 606,881
<TOTAL-ASSETS>                               1,088,675
<CURRENT-LIABILITIES>                          137,244
<BONDS>                                        372,435
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                     439,723
<TOTAL-LIABILITY-AND-EQUITY>                 1,088,675
<SALES>                                              0
<TOTAL-REVENUES>                               215,438
<CGS>                                                0
<TOTAL-COSTS>                                  109,223
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              28,739
<INCOME-PRETAX>                                 80,533
<INCOME-TAX>                                    30,271
<INCOME-CONTINUING>                             50,262
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    50,262
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
#### STATE v. WETZEL

No. 96P97

Case below: Richmond County Superior Court

Petition by defendant for writ of certiorari to review the order of the Superior Court, Richmond County denied 8 May 1997.
##### 



Exhibit 32.2 Certification of Chief Financial Officer
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section
1350, Chapter 63 of Title 18, United States Code), the undersigned officer of MAXXAM Inc., a
Delaware corporation (the Company), does hereby certify that: (a) the accompanying Annual Report on Form 10-K for the year ended December 31, 2004 of the
Company (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: March 16 , 2005 /S/ PAUL N. SCHWARTZPaul N. SchwartzChief Financial Officer
 The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a)
and (b) of Section 1350, Chapter 63 of Title 18, United States Code).
EXHIBIT 32

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER and PRINCIPAL
       FINANCIAL OFFICER PURSUANT TO SECTION 906
          OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of the Everest Fund, L.P.
(the "Partnership"), for the quarter ended September 30, 2008,
as filed with the U.S. Securities and Exchange Commission
on the date hereof (the "Report"), I, Peter Lamoureux, President
of Everest Asset Management, Inc., the general partner of
the Everest Fund, L.P. (the "Fund"), hereby certify, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 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; and

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


      By:  /s/ Peter Lamoureux
         ----------------------
      Name: 	Peter Lamoureux
      Title: 	Director, President and
      		Treasurer

  November 14, 2008


							E-3
Exhibit 32.1

The following certifications are being furnished solely to accompany the Report pursuant to 18 U.S.C. § 1350 and in accordance with SEC Release
No. 33-8238. These certifications shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, nor shall be incorporated by
reference in any filing of the Company under the Securities Act of 1933, as amended, whether made before or after the date hereof, regardless of any general incorporation language in such filing.

CERTIFICATION
PURSUANT TO
18 U.S.C. SECTION 1350

In
connection with the Annual Report of Maui Land & Pineapple Company, Inc. (the "Company") on Form 10-k for the year ended December 31, 2007 as
filed with the Securities and Exchange Commission (the "Report"), we,David C. ColeandRobert
I. Webber, respectively, the Chairman, President & Chief Executive Officer and Chief Operating Officer, Chief Financial Officer & Executive Vice President
of 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:



|/s/DAVID C. COLE                                                                                                           |  | 
|-------------------------------------------------------------------------------------------------------------------------- |  | 
|David C. Cole
Chairman, President & Chief Executive Officer
(Principal Executive Officer)                                  |  | 
|March 14, 2008                                                                                                             |  | 
|Date                                                                                                                       |  | 
|/s/ROBERT I. WEBBER                                                                                                        |  | 
|Robert I. Webber
Chief Operating Officer, Chief Financial Officer & Executive Vice President
(Principal Financial Officer) |  | 
|March 14, 2008                                                                                                             |  | 
|Date                                                                                                                       |  | 

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.

---



QuickLinks
<PAGE>
                                                                    EXHIBIT 10.1

             SUMMARY OF CONSULTING ARRANGEMENT WITH MICHAEL L. GLEIM

     On November 28, 2005, the Human Resources and Compensation Committee of the
Board of Directors of The Bon-Ton Stores, Inc. (the "Company") approved an
arrangement pursuant to which Michael L. Gleim, a member of the Board of
Directors, will continue to serve as a consultant to the Board of Directors and
senior management of the Company and as chair of the Company's retirement plan
committee in consideration of an annual fee of $75,000, payable in monthly
installments. The term of this consulting arrangement is January 1, 2006 through
December 31, 2006.


                                      -4-
CERTIFICATION


Exhibit 31.1





I, Gregory F. Kowal, certify that:





1.  I have reviewed this quarterly report on Form 10-Q of Mera Pharmaceuticals, Inc.;





2.  Based on my knowledge, this quarterly 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 quarterly report;





3.  Based on my knowledge, the financial statements, and other financial information included in this quarterly 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 quarterly report;





4.  The Company's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:





a)
designed such disclosure controls and procedures to ensure that material information relating to the Company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;





b)
evaluated the effectiveness of the Company's disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly report (the "Evaluation Date"); and





c)
presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;





5.  The Company's other certifying officers and I have disclosed, based on our most recent evaluation, to the Company's auditors and the audit committee of Company's board of directors (or persons performing the equivalent functions):





a)
all significant deficiencies in the design or operation of internal controls which could adversely affect the Company’s ability to record, process, summarize and report financial data and have identified for the Company's auditors any material weaknesses in internal controls; and





b)
any fraud, whether or not material, that involves management or other employees who have a significant role in the Company's internal controls; and





6.  The Company's other certifying officers and I have indicated in this quarterly report whether there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.





Date:   Sept.ember 14, 2010




/s/Gregory F. Kowal


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


Gregory F. Kowal


Chief Executive Officer