alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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 Annual  Report of  NewMarket  Technology,  Inc. and its
subsidiaries  (the "Company") on Form 10-K for the year ended December 31, 2006,
as filed with the  Securities  and Exchange  Commission  on the date hereof (the
"Report"),  the undersigned,  in the capacity and date indicated  below,  hereby
certifies 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 Company.


Date: May 21, 2007                         /s/ Philip Verges

                                           -----------------------------------
                                           Philip Verges
                                           President, Chief Executive Officer



<PAGE>


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  Annual  Report  of  NewMarket  Technology,  Inc.  (the
"Company") on Form 10-K for the period ended December 31, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"),  I, Philip
Verges,  as Chief  Executive  Officer 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:

     (1)  This 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.




/s/ Philip Verges
-----------------
Philip Verges
Chief Executive Officer

May 21, 2007
EXHIBIT 10.18


 


FIFTH AMENDMENT TO SECURED CONVERTIBLE DEBENTURE


 


FIFTH AMENDMENT, dated as
of December 19, 2014 and effective retroactively, to SECURED CONVERTIBLE DENBENTURE, made by and between PROGREEN PROPERTIES, INC.,
a Delaware corporation (the “Company”), and RUPES FUTURA AB (the “Lender”). Capitalized terms used herein
and not otherwise defined herein shall have the meaning assigned to such term in the Debenture.


 


WHEREAS, the Company and
the Lender are parties to that certain Secured Convertible Debenture, dated November 5, 2009 (the “Debenture”), pursuant
to which the Company has borrowed the amount of $500,000 from the Lender; and


 


WHEREAS, the Company and
the Lender entered into First, Second and Third Amendments, and a Fourth Amendment and Waiver, to the Debenture on December 14,
2011, February 8, 2012, January 15, 2013, and May 6, 2014, respectively, providing for amendments relating to payment of interest
on the Debenture; and


 


WHEREAS, the Company and
the Lender have agreed to a further amendment relating to balance of the interest payment due November 5, 2013, amounting to $50,700
(the “Unpaid 2013 Interest”) on the Debenture; and


 


WHEREAS, in accordance with
the terms and conditions of the Debenture, the Company and the Lender hereby approve the amendment of the Debenture as set forth
herein.


 


NOW, THEREFORE, in consideration
of the foregoing and the mutual covenants contained herein, by their respective execution of this Agreement, the Company and the
Lender agree as follows:


 


		1.	Paragraph 1 of the Debenture is further amended
by amending the provision at the end of Paragraph 1, which was added to Paragraph 1 pursuant to the May 6, 2014 Fourth Amendment
and Waiver, to read in its entirety as follows: “The Company, at its option, may elect to pay the Unpaid 2013 Interest on
this Debenture by the issuance to the Lender of 1,690,000 shares of common stock of the Company, which the Company shall use best
efforts to have issued to Lender no later than December 31, 2014.”



 


		2.	The Lender hereby waives any default or breach,
or alleged default or breach, as to timely payment of interest hereunder by the Company occurring prior to the date of execution
of this Amendment.



 


		3.	Except as expressly provided herein, the Debenture
shall continue in full force and effect.



 


IN WITNESS WHEREOF, the
Company and the Lender have executed this Amendment as of the date set forth above.


 





	 	PROGREEN PROPERTIES, INC.
	 	By:	/s/
Jan Telander
	 	Name: 	Jan Telander
	 	Title:	President
	 	 	 
	 	LENDER: RUPES FUTURA AB
	 	 
	 	By:	/s/ Henrik Sellmann 
	 	Name: 	Henrik Sellmann
	 	Title:	Managing Director
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-19-00051-CR

Damaso Rafael CISNEROS,

Appellant

v.

The STATE of Texas,

Appellee

From the 399th Judicial District Court, Bexar County, Texas

Trial Court No. 2016CR11649

Honorable Frank J. Castro, Judge Presiding

BEFORE CHIEF JUSTICE MARION, JUSTICE ALVAREZ, AND JUSTICE RIOS

In accordance with this court’s opinion of this date, the trial court’s judgment is 

AFFIRMED.

SIGNED July 10, 2019.

_____________________________

Sandee Bryan Marion, Chief Justice
<TABLE> <S> <C>

<PAGE>
<ARTICLE> UT
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
STATEMENT OF OPERATIONS AND CHANGES IN MEMBER'S EQUITY, THE STATEMENT OF CASH
FLOWS, AND THE BALANCE SHEET FOR THE FORM 10-Q DATED SEPTEMBER 30, 2000, AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000317187
<NAME> PPL ELECTRIC UTILITIES CORPORATION
<MULTIPLIER> 1,000,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-2000
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                        2,399
<OTHER-PROPERTY-AND-INVEST>                         66
<TOTAL-CURRENT-ASSETS>                             599
<TOTAL-DEFERRED-CHARGES>                         2,822
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                                   5,886
<COMMON>                                         1,476
<CAPITAL-SURPLUS-PAID-IN>                        (593)<F1>
<RETAINED-EARNINGS>                                284
<TOTAL-COMMON-STOCKHOLDERS-EQ>                   1,167
<PREFERRED-MANDATORY>                               47
<PREFERRED>                                         50
<LONG-TERM-DEBT-NET>                             3,191
<SHORT-TERM-NOTES>                                 237
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       4
<LONG-TERM-DEBT-CURRENT-PORT>                        0
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                   1,190
<TOT-CAPITALIZATION-AND-LIAB>                    5,886
<GROSS-OPERATING-REVENUE>                        2,703
<INCOME-TAX-EXPENSE>                               158
<OTHER-OPERATING-EXPENSES>                       2,118
<TOTAL-OPERATING-EXPENSES>                       2,276
<OPERATING-INCOME-LOSS>                            585
<OTHER-INCOME-NET>                                  27
<INCOME-BEFORE-INTEREST-EXPEN>                     612
<TOTAL-INTEREST-EXPENSE>                           184
<NET-INCOME>                                       270
<PREFERRED-STOCK-DIVIDENDS>                         19
<EARNINGS-AVAILABLE-FOR-COMM>                      251
<COMMON-STOCK-DIVIDENDS>                             0
<TOTAL-INTEREST-ON-BONDS>                            0
<CASH-FLOW-OPERATIONS>                             492
<EPS-BASIC>                                       0.00
<EPS-DILUTED>                                     0.00
<FN>
<F1>Net of $632 million of treasury stock
</FN>


</TABLE>
IN THE SUPREME COURT OF THE STATE OF MONTANA 

DA 21-0432 

L, 

FEB 0 8 2022 

IN THE MATTER OF: 

W.J.P.M., 

A Youth in Need of Care. 

Bowen Cirerivvood 

Clerk of Supreme Court 

State of Montana 

ORDER 

Counsel for the appellant mother of W.J.P.M. filed a motion and brief asking to be 

allowed to withdraw from this appeal on grounds that she has been unable to find any 

nonfrivolous issues to raise on appeal, pursuant to § 46-8-103(2), MCA, and Anders v. 

California, 386 U.S. 738, 87 S. Ct. 1396 (1967). The mother responded to counsel's brief 

and objected to counsel's motion. 

The Court has now independently examined the record pursuant to § 46-8-103(2), 

MCA, and Anders. We have considered the arguments raised by counsel and by the mother 

in her response. We conclude there are no arguments with potential legal merit that could 

be raised in the mother's appeal in this case. 

Therefore, 

IT IS ORDERED that this appeal is DISMISSED. 

The Clerk is directed to provide copies of this Order to all counsel of record and to 

the appellant mother personally. 

DATED this riay of February, 2022. 

Chief Justice 

02/08/2022

Case Number: DA 21-0432
614 

Justicest
#### In the Matter of the Claim of Hetheru Ankhbara, Appellant. Commissioner of Labor, Respondent.

[962 NYS2d 832]

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 29, 2012, which ruled, among other things, that claimant was ineligible to receive unemployment insurance benefits because she failed to file a valid original claim.

Claimant, a tutor, filed an original claim for unemployment insurance benefits, effective October 11, 2010, establishing an alternate base period from the fourth quarter of 2009 through the third quarter of 2010, or October 1, 2009 through September 30, 2010. Her claim was denied on the basis that she did not meet the necessary requirements for filing a valid original claim. Following a hearing, this determination was upheld by an Administrative Law Judge and later by the Unemployment Insurance Appeal Board. The Board further charged claimant with a recoverable overpayment of benefits of $179. This appeal by claimant followed.

We affirm. During her alternate base period, claimant was credited with earning $800 from Broadnet Services during the second quarter of 2010 and $1,100 from that employer during the third quarter of 2010. As a consequence, the Board ultimately ruled that claimant was unable to file a valid original claim under the alternate condition because she did not earn at least $1,600 in any quarter during her alternate base period *(see*Labor Law § 527 [2]). Although claimant maintains that the funds she earned providing tutoring services through TestQuest, Inc. should be utilized as covered employment to establish her claim, we cannot agree. These earnings cannot qualify for inclusion, inasmuch as this Court, in *Matter of Leazard (TestQuest, Inc.-Commissioner of Labor)*(74 AD3d 1414, 1415-1416 [2010]), determined that tutors such as claimant were independent contractors and not employees of TestQuest. Inasmuch as the record confirms that claimant did not have sufficient covered *1245earnings to file a valid original claim pursuant to Labor Law § 527, substantial evidence supports the Board’s decision *(see Matter of Stennett [Commissioner of Labor],*54 AD3d 478, 478-479 [2008]). Moreover, there is substantial evidence supporting the Board’s conclusion that the amount that claimant was overpaid in emergency unemployment compensation benefits is recoverable *(see generally Matter of Silver [Commissioner of Labor],*84 AD3d 1634, 1635 [2011]).

Mercure, J.E, Lahtinen, McCarthy and Egan Jr., JJ., concur.

Ordered that the decision is affirmed, without costs.
* 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.

United States Court of Appeals

Fifth Circuit

FILED

June 27, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-30470

Summary Calendar

ALVIN B TRUESDALE

Petitioner - Appellant

v. 

FREDERICK MENIFEE, UNITED STATES PENITENTIARY POLLOCK, EDWARD F

REILLY, JR

Respondents - Appellees

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

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 1:05-CV-1308

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

Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.

PER CURIAM:*

Alvin B. Truesdale, federal inmate # 09431-058, appeals the

dismissal of his 28 U.S.C. § 2241 application. He is serving a

life sentence imposed for convictions for drug-trafficking,

firearms crimes, and maintaining a continuing criminal enterprise

(CCE). Truesdale challenged the defendants’ determination that

he is ineligible for parole because his CCE offense continued

past the November 1, 1987, effective date of the Sentencing

Reform Act (SRA) that abolished parole.
No. 06-30470

-2-

Truesdale contends that the district court’s reasons for

denying a motion under FED. R. CIV. P. 59 were invalid, that the

judgment was not “final” because all his arguments were not

addressed and the defendants did not answer, that the district

court failed to review the magistrate judge’s recommendation de

novo, and that dismissal with prejudice for failure to state a

claim was improper without an answer and hearing. If we assume,

as the district court held, that these claims are cognizable

under § 2241, they fail because Truesdale alleges no plausible

facts to challenge the district court’s critical determination

that the CCE offense continued past the effective date of the

SRA. 

Truesdale also contends that he received ineffective

assistance of appellate counsel and that he is actually innocent

due to insufficient or unreliable evidence of a CCE or a firearm

offense. These contentions directly challenge his conviction and

are not cognizable under § 2241 because Truesdale cannot show

that the remedy provided by 28 U.S.C. § 2255 is “inadequate or

ineffective to test the legality of his detention.” 28 U.S.C.

§ 2255; see Reyes-Requena v. United States, 243 F.3d 893, 904

(5th Cir. 2001). The judgment of the district court is affirmed. 

Truesdale has moved for recalculation of his sentence, for a

telephone or video conference, to hold the appeal in abeyance,

and for appointment of counsel. These motions are denied. 

JUDGMENT AFFIRMED; ALL MOTIONS DENIED.
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

JANARIOUS SMITH

(AIS# 268812),

Plaintiff,

:

:

:

:

:

vs. : CIVIL ACTION 14-0299-WS-M

:

RONZELLA HOWARD, et al.,

Defendant.

:

:

:

ORDER

After due and proper consideration of the issues raised, 

and a de novo determination of those portions of the 

Recommendation to which objection is made, the Recommendation of 

the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is 

adopted as the opinion of this Court.

It is ORDERED that summary judgment be granted in favor of 

Defendants Ronzella Howard, Dexter Brown, and Sharon Langham and 

that Plaintiff’s action against Defendants be dismissed with 

prejudice. 

DONE this 20th day of April, 2015.

s/WILLIAM H. STEELE

CHIEF UNITED STATES DISTRICT JUDGE

Case 1:14-cv-00299-WS-M Document 37 Filed 04/20/15 Page 1 of 1 PageID #: <pageID>
# Fourth Court of Appeals

**San Antonio, Texas**

October 8, 2018

No. 04

- 18

- 00632

- CV

Andrea PEREZ

, Appellant

v.

Santos SPARKMAN

, Appellee

From the County Court, Guadalupe County, Texas
Trial Court No. 2018

- CV

- 0246 Honorable Robin V. Dwyer, Judge Presiding



### ORDER

On August 16, 2018, the County Court at Law of Guadalupe County , Texas signed an Eviction Final Judgment against appellant, Andrea Perez, awarding appellee

, Santos Sparkman

, possession of a residence located at 125 Dandelion Trail, San Marcos, Guadalupe County, Texas. The county court also set supersedeas bond in the amount of $5,000

. See T EX

. P ROP

. C ODE § 24.007 (West Supp. 2017). The judgment further ordered the trial co urt clerk to issue a writ of possession after the expirati on of six (6) days from the sign ing of the judgment. On August 22, 2018, appellant filed a Statement of Inability to Afford Payment of Court Costs or an Appeal
Bond in lieu of posting the supersede as bond

.

O n September 6, 2018, appellant filed, in conjunction with her notice of appeal, a “Plea for Emergency Stay and Review of Excessive Supersedeas Bond,” requesting this court : (1) to stay the writ of possession set to issue on September 7, 2018 a nd (2) to review the county court’s setting of supersedeas bond in the amount of $5,000

. See T EX

. R. A PP

. P. 24.4. Appellant argues she “is unemployed and is the primary caregiver to the party’s three year old son and unable to post a superseadeas bond in the amount of $5,000.” We ultimately granted the “Plea for Emergency Stay and Review of Excessive Supersedeas Bond” to the extent that we ordered the writ of possession not to issue until further order of this court. See T EX

. P ROP

. C ODE § 24.007 ; T EX

. R. A PP

. P. 24.4 . A t this time, a copy of the clerk’s record and reporter’s record have been
filed. We therefore ORDER appellee, San tos Sparkman, to file a response to appellant’s challenge to the amount of superseadeas bond ordered by the county court on or before October 18, 2018._________________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 8th day of October, 2018

.

___________________________________ KEITH E. HOTTLE

, Clerk of Court
ALD-246 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 19-2362

___________

IN RE: EVARISTO SERRANO-VARGAS,

Petitioner

___________

On a Petition for Writ of Mandamus from the

United States District Court for the Middle District of Pennsylvania

(Related to 3-17-cv-00801)

___________

Submitted Pursuant to Rule 21, Fed. R. App. P.

July 25, 2019

Before: MCKEE, SHWARTZ, and BIBAS, Circuit Judges

(Opinion filed: August 30, 2019)

_________

OPINION*

_________

PER CURIAM

Petitioner Evaristo Serrano-Vargas, a citizen of Mexico, is currently a detainee with 

the United States Immigration and Customs Enforcement (ICE). His petition for

review of a final order of removal is pending with this Court. In May 2018, the United 

States District Court for the Middle District of Pennsylvania ordered the immigration court 

to conduct a bond hearing to determine whether Serrano-Vargas’s detention should be 

 

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not 

constitute binding precedent.
2

continued. The Immigration Judge (IJ) determined that the Department of Homeland Security had shown by clear and convincing evidence that Serrano-Vargas poses a danger to 

the community and is a significant flight risk. The IJ found that Serrano-Vargas was 

properly detained and, therefore, declined to set bond. In October 2018, Serrano-Vargas 

filed a “Motion to Enforce Prior Order” in the District Court, arguing that the IJ had not 

conducted a legally sufficient individualized bond hearing in violation of Serrano-Vargas’s 

due process rights. 

On June 14, 2019, Serrano-Vargas filed a petition for a writ of mandamus pursuant 

to 28 U.S.C. § 1651 with this Court, alleging extraordinary delay in the adjudication of his 

motion to enforce. Subsequently, in a memorandum and order entered July 10, 2019, the 

District Court denied the motion to enforce, finding that Serrano-Vargas’s due process 

rights had not been violated. Accordingly, because he has obtained the relief he requested, 

the mandamus petition will be dismissed as moot. See Blanciak v. Allegheny Ludlum 

Corp., 77 F.3d 690, 698-99 (3d Cir. 1996).
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Company's Form 10-KSB for the five month period ended May 31, 2000 and is
qualified in its entirety by reference to such financial statements
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                                    5-MOS
<FISCAL-YEAR-END>                          MAY-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAY-31-2000
<CASH>                                         261,057
<SECURITIES>                                         0
<RECEIVABLES>                                2,868,566
<ALLOWANCES>                                   193,548
<INVENTORY>                                    736,678
<CURRENT-ASSETS>                             3,691,120
<PP&E>                                       4,171,904
<DEPRECIATION>                                 843,595
<TOTAL-ASSETS>                               7,019,429
<CURRENT-LIABILITIES>                        1,948,606
<BONDS>                                        226,065
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        19,930
<OTHER-SE>                                   4,824,828
<TOTAL-LIABILITY-AND-EQUITY>                 7,019,429
<SALES>                                      8,016,363
<TOTAL-REVENUES>                             8,018,206
<CGS>                                        5,643,960
<TOTAL-COSTS>                                5,643,960
<OTHER-EXPENSES>                               363,123
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              2,011,123
<INCOME-TAX>                                   163,226
<INCOME-CONTINUING>                          1,847,897
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,847,897
<EPS-BASIC>                                       0.10
<EPS-DILUTED>                                     0.10


</TABLE>
EXHIBIT 32.2CERTIFICATION OF CHIEF FINANCIAL OFFICER

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 Sycamore Networks, Inc. (the Company) on Form 10-K for the period ending July 31, 2008 as filed
with the Securities and Exchange Commission on the date hereof (the Report), I, Paul F. Brauneis, Chief Financial Officer 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 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 results of operations of the Company, as of, and for the periods presented in the Report.



|                                                                                 
|---------------------------------------------------------------------------------
|                                                                                 
|/s/    PAUL F. BRAUNEIS                                                          
|Paul F. Brauneis                                                                 
|Chief Financial Officer, Vice President Finance and Administration, and Treasurer
|September 26, 2008