alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### BURNET, COUNTY TREASURER OF CHARLESTON CO., v. ISRAEL *ET AL.,*AS THE COUNTY BOARD OF COMMISSIONERS FOR CHARLESTON CO.

See *The Carolina Grocery Co. v. Burnet, Treasurer, ante.*

*'*T'he same attorneys represented the plaintiff and defendants herein respectively as in the preceding case.

July 22, 1901.

The opinion of the Court was delivered by

Mr. Justice Jones.

In this controversy, without action in the original jurisdiction of this Court, the plaintiff seeks to enjoin the defendants, claiming to act as county board of commissioners of Charleston County, from auditing, -approving or preparing to pay claims against the county of Charleston, on the ground that the defendants are not "a legally constituted board. Having in the case of the Carolina Grocery Co. *v.*Barnwell R. Burnet, county treasurer, just filed, determined that the said -county board of commissioners is legally constituted, for the reasons therein stated, this is controlled thereby.

It is, therefore, ordered and adjudged, that the petition for injunction be dismissed.
#### Constandina M. Roux, Appellant.

Submitted December 22, 2008;

decided February 17, 2009

Motion for leave to appeal dismissed upon the ground that the paper sought to be appealed from was not issued in an action or proceeding and the Court of Appeals does not have jurisdiction to entertain the motion *(see*CPLR 5602).
#### Shernika HOLTON, Spencer Wilson, Sandra McIntyre, Mary Hill, Willie Mae Lewis, Sharon Bostick, The Thomas County Branch of the NAACP, Gladys Shotwell, Audrey Linder, Lisa Webb, Jennifer Hightower, Evelyn Wilkerson, Plaintiffs-Appellants, v. CITY OF THOMASVILLE SCHOOL DISTRICT, Defendant-Appellee.

No. 06-12984.

United States Court of Appeals, Eleventh Circuit.

March 27, 2008.

Thomas J. Henderson, Derek W. Black, Lawyers’ Committee for Civ. Rights Under Law, Washington, DC, for Plaintiffs-Appellants.

Paul R. Dieseth, Dorsey & Whitney, LLP, Minneapolis, MN, Jerry A. Lumley, *1319Lumley & Howell, LLP, Macon, GA, for Defendant-Appellee.

Before EDMONDSON, Chief Judge, and TJOFLAT and GIBSON,** Circuit Judges.

**

 Honorable John R. Gibson, United Slates Circuit Judge for the Eighth Circuit, sitting by designation.

PER CURIAM:

Briefly stated, we, in our more recent opinion (490 F.3d 1257) in this case, affirmed the District Court’s decision dealing with whether the school district’s use of ability grouping either presently discriminates intentionally against black students or reflects — per the *McNeal*decision — the present result of past unlawful segregation in the district.

Plaintiffs say, in part, that we were wrong to represent that, if present intentional racial discrimination by the school district has been a motivating factor in the present racial imbalance in classes, the federal courts could do nothing if other causes also contributed substantially. We did not intend to say that. The opinion writer was shifting between two ideas: present discriminatory intention and present results of past discrimination.

Still, it is hard to be always clear. And we do not wish to be confusing. So, if the opinion — taken as a whole — can be read to say something like what plaintiffs suggest, we write today to say that the opinion should not be read to have decided such a thing. We did not need to be or mean to be innovative.

For the ability grouping, the district court, as a matter of fact, has repeatedly found no present intent to discriminate on account of race. Given the whole evidence, that finding is not clearly erroneous. Everything we wrote last July must be taken in that context. We stand by our decision.

Petition for Rehearing DENIED.
<TABLE> <S> <C>

<ARTICLE> OPUR1

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUN-30-2000
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                    5,065,047
<OTHER-PROPERTY-AND-INVEST>                    166,062
<TOTAL-CURRENT-ASSETS>                         307,159
<TOTAL-DEFERRED-CHARGES>                       336,349
<OTHER-ASSETS>                                 229,484
<TOTAL-ASSETS>                               6,104,101
<COMMON>                                       117,040
<CAPITAL-SURPLUS-PAID-IN>                      439,839
<RETAINED-EARNINGS>                          1,026,417
<TOTAL-COMMON-STOCKHOLDERS-EQ>               1,652,548
<PREFERRED-MANDATORY>                           73,470
<PREFERRED>                                     19,791
<LONG-TERM-DEBT-NET>                         2,319,710
<SHORT-TERM-NOTES>                             332,186
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                   65,746
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>               1,568,650
<TOT-CAPITALIZATION-AND-LIAB>                6,104,101
<GROSS-OPERATING-REVENUE>                      654,168
<INCOME-TAX-EXPENSE>                            47,491
<OTHER-OPERATING-EXPENSES>                     443,709
<TOTAL-OPERATING-EXPENSES>                     491,200
<OPERATING-INCOME-LOSS>                        162,968
<OTHER-INCOME-NET>                               3,728
<INCOME-BEFORE-INTEREST-EXPEN>                 166,696
<TOTAL-INTEREST-EXPENSE>                        94,474
<NET-INCOME>                                    72,222
<PREFERRED-STOCK-DIVIDENDS>                      1,992
<EARNINGS-AVAILABLE-FOR-COMM>                   70,230
<COMMON-STOCK-DIVIDENDS>                        43,898
<TOTAL-INTEREST-ON-BONDS>                       87,323
<CASH-FLOW-OPERATIONS>                          95,948
<EPS-BASIC>                                       0.72
<EPS-DILUTED>                                     0.72


</TABLE>
#### UNITED STATES of America, Plaintiff-Appellee, v. Allan Alexander HALLIDAY, Defendant-Appellant.

No. 05-50206.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 16, 2006.*

Filed Oct. 24, 2006.

William P. Cole, Esq., Michelle P. Jennings, Esq., USSD — Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appel-lee.

Francisco Jose Sanchez, Jr., San Diego, CA, for Defendant-Appellant.

Before: LEAVY, W. FLETCHER, and RAWLINSON, Circuit Judges.

*

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

MEMORANDUM **

Allan Alexander Halliday appeals from his 60-month sentence imposed by the district court following his guilty plea to conspiracy to distribute marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 846, and possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. We have jurisdiction under 28 U.S.C. § 1291. We review for clear error the district court’s factual determination regarding whether a particular defendant qualifies for safety valve relief under 18 U.S.C. § 3553(f), *United States v. Franco-Lopez,*312 F.3d 984, 988 (9th Cir.2002), and we affirm.

Halliday contends that the district court failed to make any findings regarding the reasons he did not qualify for safety valve relief. The record belies this contention.

Halliday also contends that the district court erred when it found him ineligible for safety valve relief. Upon review, we conclude that it was not clear error for the court to find Halliday ineligible for the safety valve because his recantation of in*811formation concerning his co-defendants’ involvement in the conspiracy casts doubts on his truthfulness. *See United States v. Lopez,*163 F.3d 1142, 1144 (9th Cir.1998).

AFFIRMED.

**

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

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                         183,069
<SECURITIES>                                         0
<RECEIVABLES>                                    2,548
<ALLOWANCES>                                         0
<INVENTORY>                                    355,082
<CURRENT-ASSETS>                               587,428
<PP&E>                                         354,665
<DEPRECIATION>                                  59,180
<TOTAL-ASSETS>                                 929,055
<CURRENT-LIABILITIES>                        1,454,755
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        10,709
<OTHER-SE>                                   (540,891)
<TOTAL-LIABILITY-AND-EQUITY>                   929,055
<SALES>                                      3,625,935
<TOTAL-REVENUES>                             3,625,935
<CGS>                                        1,152,242
<TOTAL-COSTS>                                4,120,388
<OTHER-EXPENSES>                                 6,090
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              46,098
<INCOME-PRETAX>                            (1,698,883)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,698,883)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,698,883)
<EPS-BASIC>                                     (0.21)
<EPS-DILUTED>                                   (0.21)


</TABLE>
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

The certification set forth below is hereby made solely for the
purpose of satisfying the requirements of Section 906 of the
Sarbanes-Oxley Act of 2002 and may not be relied upon or used
for any other purposes.

In connection with the Quarterly Report of Access
Pharmaceuticals, Inc. (the "Company") on Form 10-Q for the
period ended September 30, 2006, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I,
Stephen B. Thompson, Chief Financial Officer certify pursuant
to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
Sarbanes Oxley Act of 2002, that to 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.

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.

Signed at the City of  Dallas, in the State of Texas, this 2oth
day of November, 2006.

/s/ Stephen B. Thompson
-----------------------
Stephen B. Thompson
Chief Financial Officer
EXHIBIT 32.1

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, the President and Chief Executive Officer of Dune Energy, Inc. (the
Company), does hereby certify under the standards set forth and solely for the purposes of 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report on Form 10-K of the Company for
the year ended December 31, 2008 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in that Form 10-K fairly presents, in all material respects, the financial
condition and results of operations of the Company.



|                     |  |  |  |                                      
|-------------------- |  |  |  | -------------------------------------
|Dated: March 5, 2009 |  |  |  | /S/    JAMES A.
WATT                 
|                     |  |  |  | James A. Watt                        
|                     |  |  |  | President and Chief Executive 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.
<PAGE>
                                                                     Exhibit 5.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the use in this Registration Statement on Form F-10, as
amended by pre-effective Amendment No. 1 (the "Registration Statement") of our
report dated February 5, 2003, except as to Note 20 which is as of April 28,
2003 and Note 11 which is as of August 6, 2003, relating to the consolidated
financial statements of Hydrogenics Corporation, which appears in the
Registration Statement. We also consent to the reference to us under the heading
"Experts" in the Registration Statement.


/s/ PricewaterhouseCoopers LLP
PricewaterhouseCoopers LLP

Toronto, Ontario

January 27, 2004
##### 



Exhibit 32.2

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

AS ENACTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF
2002


In connection with the quarterly report on
Form 10-Q of Hub International Limited (the
Company) dated November 9, 2004 containing the
financial statements of the Company for the fiscal quarter ended
September 30, 2004 (the Report) filed with the
Securities and Exchange Commission on the date hereof, I,
Dennis J. Pauls, Chief Financial Officer of the Company,
pursuant to 18 U.S.C. Section 1350, as enacted, certify,
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:



|   |                                                                                                                                                             
|-- | ------------------------------------------------------------------------------------------------------------------------------------------------------------
|1. | the Report fully complies with the requirements
    of Section 13(a) 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
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.



| |     |                    
| | --- | -------------------
| | By: | /s/ Dennis J. Pauls

| |                        
| | -----------------------
| |                        
| | Dennis J. Pauls        
| | Chief Financial Officer

November 9, 2004
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED FINANCIAL STATEMENTS INCLUDED IN THE COMPANY'S FORM
10-Q FOR THE PERIOD ENDED MARCH 31, 1998, AND IS QUALIFIED IN ITS ENTIRETY BY 
REFERENCE TO SUCH FINANCIAL STATEMENTS AND THE NOTES THERETO.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                         221,288
<SECURITIES>                                 1,151,660
<RECEIVABLES>                                  175,285<F1>
<ALLOWANCES>                                         0<F1>
<INVENTORY>                                    117,711
<CURRENT-ASSETS>                             1,232,291
<PP&E>                                       1,080,397
<DEPRECIATION>                                 392,034
<TOTAL-ASSETS>                               2,573,521
<CURRENT-LIABILITIES>                          273,374
<BONDS>                                        150,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,503
<OTHER-SE>                                   2,109,415
<TOTAL-LIABILITY-AND-EQUITY>                 2,573,521
<SALES>                                        164,719
<TOTAL-REVENUES>                               264,700
<CGS>                                           33,621
<TOTAL-COSTS>                                   33,621
<OTHER-EXPENSES>                                98,202
<LOSS-PROVISION>                                     0<F1>
<INTEREST-EXPENSE>                                 959
<INCOME-PRETAX>                                 56,968
<INCOME-TAX>                                    15,951
<INCOME-CONTINUING>                             41,017
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    41,017
<EPS-PRIMARY>                                      .33<F2>
<EPS-DILUTED>                                      .32
<FN>
<F1>ACCOUNTS RECEIVABLE ARE PRESENTED NET OF ALLOWANCE FOR DOUBTFUL ACCOUNTS
IN THE CONDENSED CONSOLIDATED BALANCE SHEET.  THE PROVISION FOR LOSSES ON 
DOUBTFUL ACCOUNTS IS NOT REPORTED AS A SEPARATE LINE IN THE CONDENSED 
CONSOLIDATED STATEMENT OF INCOME OR STATEMENT OF CASH FLOWS. 
<F2>REPRESENTS BASIC EARNINGS PER SHARE
</FN>
        

</TABLE>
EX-35.5
(logo) WELLS FARGO

Corporate Trust Services
MAC N2702-011
9062 Old Annapolis Road
Columbia, MD 21045
410 884-2000
410 715-2380 Fax

Wells Fargo Bank, N.A.

Citigroup Mortgage Loan Trust, Inc.
390 Greenwich Street
New York, NY 10013

RE: Annual Statement as to Compliance


The undersigned, a duly authorized officer of Wells Fargo Bank, National
Association ("Wells Fargo"), hereby certifies as follows for the calendar year
2007 or applicable portion thereof (the "Reporting Period"):

(a) a review of Wells Fargo's activities as Master Servicer and/or Trust
Administrator under the servicing agreement(s) listed on Schedule A hereto (the
"Servicing Agreement(s)") has been made under my supervision; and

(b) to the best of my knowledge, based on such review Wells Fargo has fulfilled
all of its obligations under the Servicing Agreement(s) in all material respects
throughout the Reporting Period.

March 1, 2008
/s/ Joshua Kelly
JOSHUA KELLY
Vice President


(page)


(logo) WELLS FARGO

Corporate Trust Services
MAC N2702-011
9062 Old Annapolis Road
Columbia, MD 21045
410 884-2000
410 715-2380 Fax

Wells Fargo Bank, N.A.

Schedule A

List of Servicing Agreement(s) and Series

1 Pooling and Servicing Agreement for Citigroup Mortgage Loan Trust Inc., Series
  2007-SH1, Wells Fargo Bank, N.A. as Master Servicer

2 Pooling and Servicing Agreement for Citigroup Mortgage Loan Trust Inc., Series
  2006-FX1, Wells Fargo Bank, N.A. as Master Servicer and Trust Administrator,
  as applicable

3 Pooling and Servicing Agreement for Citigroup Mortgage Loan Trust Inc., Series
  2007-OPX1, Wells Fargo Bank, N.A. as Master Servicer and Trust Administrator,
  as applicable

4 Pooling and Servicing Agreement for Citigroup Mortgage Loan Trust Inc., Series
  2007-AMC2, Wells Fargo Bank, N.A. as Master Servicer and Trust Administrator,
  as applicable
**Exhibit 32.2**

**CERTIFICATION PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002(18 U.S.C. SECTION 1350)**

In connection with the Quarterly Report of BancTec, Inc, a Delawarecorporation (the “Company”), on Form 10-Q for the quarter ending September 30,2006 as filed with the Securities and Exchange Commission (the “Report”), I,Jeffrey D Cushman, Senior Vice President and Chief Financial Officer of theCompany, certify, pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18U.S.C. § 1350), that to my knowledge:

(1) The Report fully complies with the requirements of section 13(a) or15(d) of the Securities Exchange Act of 1934; and

(2) The information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany.
| /s/ Jeffrey D. Cushman                             |   |
|----------------------------------------------------|--------|
| Jeffrey D. Cushman                                 |   |
| Senior Vice President and  Chief Financial Officer |   |

 

November 14, 2006

Asigned original of this written statement required by 18 USC Section 1350 hasbeen provided to the Company and will be retained by the Company and furnishedto the Securities and Exchange Commission or its staff upon request.

----
**EXHIBIT
      32.1**





SECTION
      906 SARBANES OXLEY CERTIFICATION








CERTIFICATION **OF
      CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER** 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 New Century Companies, Inc. (the
      "Company") on Form 10-QSB for the period ended September 30, 2007 as filed
      with
      the Securities and Exchange Commission on the date hereof (the "Report"), I,
      David Duquette, Chief Executive Officer and Chief Financial 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:





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.








*November
                14, 2007*
            */s/
                David Duquette**Name:
                David Duquette**Title:
                Chief Executive Officer and**Chief
                Financial Officer*





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 Company and will be retained by Company
      and
      furnished to the Securities and Exchange Commission or its staff upon
      request.
S. 3613

One Hundred Ninth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the third day of January, two thousand and six

An Act

To designate the facility of the United States Postal Service located at 2951 New

York Highway 43 in Averill Park, New York, as the ‘‘Major George Quamo

Post Office Building’’.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. MAJOR GEORGE QUAMO POST OFFICE BUILDING.

(a) DESIGNATION.—The facility of the United States Postal

Service located at 2951 New York Highway 43 in Averill Park,

New York, shall be known and designated as the ‘‘Major George

Quamo Post Office Building’’.

(b) REFERENCES.—Any reference in a law, map, regulation,

document, paper, or other record of the United States to the facility

referred to in subsection (a) shall be deemed to be a reference

to the ‘‘Major George Quamo Post Office Building’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.