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

FOR THE FIFTH CIRCUIT

No. 96-60653

AMOCO PRODUCTION COMPANY, Petitioner,

versus

ROBERT S. DAVIES; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS; U. S. DEPARTMENT OF LABOR, Respondents.

On Petition for Review from the Benefits Review Board

(94-0745A)

September 8, 1997

Before POLITZ, Chief Judge, BENAVIDES and PARKER, Circuit Judges.

PER CURIAM: *

This matter is before the court on petition for review of a statutory lack of

action affirmance by the Benefits Review Bo a rd of the award by the Administrative2

Law Judge to Robert S. Davies unde r the Longshore and Harbor Workers’

Compensation Act. Considering the briefs and oral arguments of counsel and

pertinent parts of the record, and finding no reversible error, the petition for review

is DENIED.
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED STATEMENTS OF INCOME AND THE CONDENSED BALANCE SHEETS AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                       1,352,416
<SECURITIES>                                 4,959,151
<RECEIVABLES>                                2,283,060
<ALLOWANCES>                                   159,000
<INVENTORY>                                  2,322,187
<CURRENT-ASSETS>                            11,402,576
<PP&E>                                       3,183,576
<DEPRECIATION>                               2,036,127
<TOTAL-ASSETS>                              17,675,235
<CURRENT-LIABILITIES>                        2,471,166
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       628,796
<OTHER-SE>                                  14,477,273
<TOTAL-LIABILITY-AND-EQUITY>                17,675,235
<SALES>                                     15,146,368
<TOTAL-REVENUES>                            15,146,368
<CGS>                                        5,282,055
<TOTAL-COSTS>                                5,282,055
<OTHER-EXPENSES>                             6,337,704
<LOSS-PROVISION>                                11,356
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              3,526,609
<INCOME-TAX>                                 1,199,000
<INCOME-CONTINUING>                          2,327,609
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,327,609
<EPS-PRIMARY>                                     0.37
<EPS-DILUTED>                                     0.36
        


</TABLE>
Exhibit 32.1



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


In connection  with the Quarterly  Report of Global  Environmental  Energy Corp.
(the "Company") on Form 10-QSB for the period ending February 28, 2005, as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Dr Christopher  McCormack,  Chief Executive Officer of the Company,  certify,
pursuant  to 18 U.S.C.  ss.  1350,  as adopted  pursuant  to Section  906 of the
Sarbanes- Oxley Act of 2002, that, to the best of my knowledge and belief:

     (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.


By:/s/Dr Christopher McCormack
-----------------------------------------
Chief Executive Officer (or equivalent thereof)

Date:  April 21, 2005









This  certification  accompanies  the  Report  pursuant  to  Section  906 of the
Sarbanes-Oxley  Act of 2002 and  shall not be deemed  filed by the  Company  for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended.

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 the Company and will be retained
by the Company and furnished to the  Securities  and Exchange  Commission or its
staff upon request.
**Exhibit 23.1**

**CONSENT OFINDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

Asindependent registered public accountants we hereby consent to theincorporation by reference in Registration Statement No. 333-113632on Form S-8 of our reports dated May 21, 2007, with respect tothe consolidated balance sheet as of December 31, 2006 and the relatedconsolidated statements of operations, stockholders’ equity (deficit) andcomprehensive operations and cash flows for the year then ended, and allrelated financial statement schedules, which reports are included in thisAnnual Report on Form 10-K of Cherokee International Corporation.
| /s/ MAYER  HOFFMAN MCCANN P.C. |   |   |
|-------------------------------------|--------|--------|
| MAYER HOFFMAN MCCANN P.C.           |   |   |
| Orange County,  California          |   |   |
| May 21, 2007                   |   |   |

 

----
exv10w1



 






Exhibit 10.01









 





5450
GREAT AMERICA PARKWAY SANTA CLARA, CALIFORNIA 95054


 





	 	 	 	 	 	 	 
	 
	 	 	 
	 	 	 
	TEL 408.744.9500
	 	 	WWW.HYPERION.COM
	 	 	FAX 408.588.8500






December 12, 2005




Mr. David Odell

Chief Financial Officer

Hyperion Solutions Corporation




Re: Retention Bonus




Dear David,



Thank you once again for your willingness to ensure a smooth transition as we search for your
replacement. It shows a high level of commitment to Hyperion as well as its employees, customers
and stockholders.



This letter confirms that, in consideration of your willingness to remain as Hyperion’s Chief
Financial Officer until January 31, 2006:





	 	1.	 	Bonus – Your regular bonus for the first half of fiscal year 2006
will be paid no later than February 1, 2006, contingent as always on attainment of
goals and the Company’s financial performance; and






	 	2.	 	Retention Bonus – If you remain an employee through January 31, 2006
and perform your usual duties (e.g., closing the books for the second fiscal
quarter, completing standard filings and participating in the second fiscal
quarter’s earnings call), you will be paid an additional bonus of $50,000 no later
than February 1, 2006.






	 	3.	 	Housing and Travel – In addition, Hyperion will pay transitional
housing and travel costs including airfare to and from Utah through January
31, 2006.





 









 




David, I very much appreciate your willingness to make a difference towards Hyperion’s success. I
have thoroughly enjoyed working with you over the last several years and wish you the best as you
start a new chapter in your life.




Sincerely,




/s/Godfrey Sullivan




Godfrey Sullivan for

Hyperion Solutions Corporation




Acknowledged by:




/s/David Odell



 



David Odell
<PAGE>

                                                                    Exhibit 99.1

                    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 officer of Paragon Financial Corporation, a Delaware
corporation, hereby certifies, pursuant to, and as required by, 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that the Annual Report of Paragon Financial Corporation on Form 10-K for
the year ended December 31, 2002 fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that
information contained in such Annual Report on Form 10-K fairly presents, in all
material respects, the financial condition and results of operations of Paragon
Financial Corporation.



Dated: March __, 2003                                By:____________________
                                                        Steven A. Burleson
                                                        Chief Executive Officer


         The foregoing certificate 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) and is not being filed as part of
the Form 10-K or as a separate disclosure document.
IN THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

ALFONSO BLACKMON, a/k/a, )

YAHYA R. EL’AMIN, a/k/a, )

JOHN THOMPKINS, )

)

Plaintiff, )

vs. ) CIVIL ACTION 05-0316-BH-D

)

SHERIFF JIMMY JOHNSON, et al., )

)

Defendants. )

ORDER

This matter is before the Court on Plaintiff’s Motion (Doc. 9) for Extension of Time, for

access to legal materials and to appoint counsel. Plaintiff’s Motion is due to be GRANTED in Part

and DENIED in Part. 

As to Plaintiff’s request that the Court issue an Order directing the Baldwin County Jail

allow him access to legal materials, the Court hereby DENIES Plaintiff’s request. Though denial

of access to legal materials is a cognizable cause of action for prisoners under 42 U.S.C. §1983, that

claim is not included in Plaintiff’s original Complaint in this action. If Plaintiff wishes to pursue

this grievance, he must do so in a separate suit. 

As to Plaintiff’s request to appoint counsel, the Court hereby DENIES Plaintiff’s request.

Appointment of counsel to a prisoner proceeding in forma pauperis in a civil rights action is purely

within the broad discretion of the Court. Killian v. Holt, 166 F.3d 1156, 1157 (11th Cir. 1999). The

Court will appoint counsel only when it is demonstrated that a plaintiff’s case includes the requisite

“exceptional circumstances” justifying the appointment. Dean v. Barber, 951 F.2d 1210, 1216 (11th

Cir. 1992). However, before examining whether the case presents “exceptional circumstances,” the

Court must first determine whether the case has some merit. See Poole v. Lambert, 819 F.2d 1025,

Case 1:05-cv-00316-CG-B Document 10 Filed 12/14/05 Page 1 of 2
1028 (11th Cir. 1987). In the instant case, the Magistrate Judge has determined that Plaintiff’s

claims are frivolous. Without some showing to the contrary, the Court cannot find that the

appointment of counsel is justified. 

However, the Court does hereby GRANT Petitioner’s motion for 20 additional days in

which to respond to the Magistrate Judge’s Report and Recommendation. Petitioner’s Response is

now due on or before Monday, January 9, 2006. 

So ORDERED, this 14th day of December 2005.

s/ W. B. Hand

SENIOR DISTRICT JUDGE

Case 1:05-cv-00316-CG-B Document 10 Filed 12/14/05 Page 2 of 2
**Exhibit
      32**





**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 Vineyard National Bancorp (the
“Company”) on Form 10-Q for the period ended September 30, 2005, as filed with
      the Securities and Exchange Commission on the date hereof (the “Report”), the
      undersigneds hereby certify, pursuant to 18 U.S.C. section 1350, as adopted
      pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that to the
      undersigneds’ best knowledge and belief:





(a)
      the
      Report fully complies with the requirements of section 13(a) or 15(d) of the
      Securities Exchange Act of 1934, as amended; 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
      this 4th day of November, 2005





Vineyard
      National Bancorp


("Company")





*/s/
      Norman A. Morales*


*_______________________________*


Norman
      A.
      Morales


President
      and Chief Executive Officer





/s/
      Gordon Fong


*_______________________________*


Gordon
      Fong


Executive
      Vice President 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.***
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack

,

Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, 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.

June 7 , 2019 

# Order

Clerk June 7 , 2019

158333 (3 9 )

158335 (3 3 )

TOMRA OF NORTH AMERICA, INC.,

Plaintiff

- Appellee,

SC: 158333

v C OA: 336871

C t of Claims: 16

- 000118

- MT

DEPARTMENT OF TREASURY,

Defendant

- Appellant.

_________________________________________/

TOMRA OF NORTH AMERICA, INC.,

Plaintiff

- Appellee,

SC: 158335

v C OA: 337663

C t of Claims: 14

- 000091

- MT

DEPARTMENT OF TREASURY,

Defendant

- Appellant.

_________________________________________/

On order of the Chief Justice, the second motion of defendant

- appellant to extend

the time for filing its brief is GRANTED. The brief will be accepted as timely filed if

submitted on or before June 12 , 2019.
Exhibit 32.1



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


In connection  with the Quarterly  Report of Life Energy & Technology  Holdings,
Inc. (the  "Company") on Form 10-QSB for the period ending February 29, 2004, as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"), I, Dr Christopher McCormack,  Chief Executive Officer of the Company,
certify,  pursuant to 18 U.S.C.  ss. 1350, as adopted pursuant to Section 906 of
the Sarbanes- Oxley Act of 2002, that, to the best of my knowledge and belief:

     (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.


By:/s/Dr Christopher McCormack
-----------------------------------------
Chief Executive Officer (or equivalent thereof)

April 19, 2004
#### Hedilberto RAMIREZ-LLANOS; Maria Ramirez-Zamora, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

No. 99-70976.

INS Nos. [ AXX-XXX-XXX ] [ AXX-XXX-XXX ].

United States Court of Appeals, Ninth Circuit.

Submitted March 12, 2001.1

Decided March 26, 2001.

*459Before WALLACE, SILVERMAN, and W. FLETCHER, Circuit Judges.

1

. The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM2

Hedilberto Ramirez-Llanos and Maria Ramirez-Zamora, natives and citizens of Mexico, petition pro se for review of a final decision of the Board of Immigration Appeals (“BIA”) dismissing their appeal of an immigration judge’s (“IJ”) denial of their motion to reopen to apply for suspension of deportation. Pursuant to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), the transitional rules apply, *see Kalaw v. INS,*133 F.3d 1147, 1150 (9th Cir.1997), and we therefore have jurisdiction under 8 U.S.C. § 1105a(a), as amended by IIRIRA § 309(c), *see Avetova-Elisseva v. INS,*213 F.3d 1192, 1195 n. 4 (9th Cir.2000). We grant the petition for review.

The IJ’s premature application of the stop-time rule, *see Astrero v. INS,*104 F.3d 264, 266 (9th Cir.1996), resulted in the IJ’s conclusion that petitioners could not meet the continuous physical presence requirement for eligibility for suspension of deportation. Because the IJ denied petitioners’ motion to reopen based solely on this conclusion, and the BIA failed to correct the IJ’s procedural error, we grant the petition for review. We remand to the BIA with instructions to remand to the IJ to reconsider the motion to reopen in light of *Guadalupe-Cruz v. INS,*240 F.3d 1209, 1211, 1212 (9th Cir.2001).

We do not consider petitioners’ eligibility, if any, for relief under the class action pending in the district court in accordance with *Barahona-Gomez v. Reno,*167 F.3d 1228 (9th Cir.1999), *supplemental opinion,*236 F.3d 1115 (9th Cir.2001). Our resolution of this case does not affect any interim or permanent relief awarded to members of the class certified in *Barahona-Gomez.*

PETITION FOR REVIEW GRANTED. REVERSED and REMANDED.

2

. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
<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

         In connection with the Annual Report of American Oriental
Bioengineering, Inc. (the "Company"), on Form 10-KSB/A for the year ended
December 31, 2004 as filed with the Securities and Exchange Commission ("SEC")
on the date hereof (the "Report"), each of the undersigned of the Company,
certifies, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, that, to the best of their 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.

         A signed original of this written statement has been provided to the
Company and will be retained by the Company and will be furnished to the SEC or
its staff upon request.



/s/ Yanchun Li
--------------------------------------
Name: Yanchun Li
Title:  Acting Chief Financial Officer
April 14, 2005



This Certification of Acting Chief Financial Officer pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002. This exhibit is not "filed" for purposes of
Section 18 of the Securities Exchange Act of 1934 but is instead furnished as
provided by applicable rules of the Securities Exchange Commission.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1417 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 1417

To repeal the provision of law that provides automatic pay adjustments 
                        for Members of Congress.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 7, 2023

 Mr. Nunn of Iowa introduced the following bill; which was referred to 
the Committee on House Administration, and in addition to the Committee 
   on Oversight and Accountability, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To repeal the provision of law that provides automatic pay adjustments 
                        for Members of Congress.

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

SECTION 1. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR MEMBERS OF 
              CONGRESS.

    (a) In General.--Paragraph (2) of section 601(a) of the Legislative 
Reorganization Act of 1946 (2 U.S.C. 4501) is repealed.
    (b) Technical and Conforming Amendments.--Section 601(a) of such 
Act (2 U.S.C. 4501) is amended--
            (1) by striking ``(a)(1)'' and inserting ``(a)'';
            (2) by redesignating subparagraphs (A), (B), and (C) as 
        paragraphs (1), (2), and (3), respectively; and
            (3) by striking ``as adjusted by paragraph (2) of this 
        subsection'' and inserting ``adjusted as provided by law''.
    (c) Effective Date.--This section and the amendments made by this 
section shall take effect on the date on which the 119th Congress 
convenes.
                                 <all>
```
<PAGE>

                                                                    EXHIBIT 3.12

                           CERTIFICATE OF AMENDMENT

                                      TO

                           CERTIFICATE OF FORMATION

                                      OF

                          HUNTSMAN ICI FINANCIAL LLC

                       Pursuant to Section 18-202 of the
                    Delaware Limited Liability Company Act


     1.   The name of the limited liability company is Huntsman ICI Financial
LLC (the "Company").
          -------

     2.   The Certificate of Formation is hereby amended to change the name of
the Company to Huntsman International Financial LLC.

     3.   Accordingly, Article 1 of the Certificate of Formation shall, as
amended, read as follows:

               "1. The name of the limited liability company is Huntsman
               International Financial LLC."

     IN WITNESS WHEREOF, the undersigned authorized person has executed this
Certificate of Amendment this 7/th/ day of December 2000.

                                              HUNTSMAN ICI FINANCIAL LLC

                                              By:   \s\ Samuel D. Scruggs
                                                 ----------------------------
                                              Name: Samuel D. Scruggs
                                              Its:  Authorized Person
http://www.nist.gov/el/disasterstudies/wtc/wtc_contracts.cfm 1

Awarded Contracts for External Experts to Support the 

NIST World Trade Center (WTC) Disaster Investigation

Contract No. Awarded to Date Awarded

SB1341-03-W-0084 Dr. Guylene Proulx 10/16/2002

OUTSIDE EXPERT TEAM MEMBER

Under solicitation number SB 1341-02-Q-0710, firm fixed-price purchase orders have been awarded to:

Dr. Guylene Proulx, Research Officer from the Institute for Research in Construction at the 

National Research Council of Canada. She has a doctorate in environmental psychology and 15 

years of experience in evacuation and emergency communications. She also has experience in 

post-fire egress analysis using questionnaires and interviews. She studied the evacuation of the 

WTC towers following the 1993 bombing incident.