alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT
31.2





CHIEF
FINANCIAL OFFICER CERTIFICATION





I, P.
Morgan McCune, Chief Financial Officer, certify that:





1. I have
reviewed this annual report on Form 10-K of Triple A Medical, Inc.





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





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





4. The
registrant’s other certifying officer 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 we have:





a)
designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this annual report is being prepared;





b)
evaluated the effectiveness of the registrant’s disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and





c)
disclosed in this report any change in the registrant’s internal control over
financial reporting that occurred during the registrant’s most recent fiscal
quarter (the registrant’s fourth fiscal quarter in the case of an annual report)
that has materially affected, or is reasonably likely to materially affect, the
registrant’s internal control over financial reporting; and





5. The
registrant’s other certifying officer and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the
registrant’s auditors and the audit committee of registrant’s board of directors
(or persons performing the equivalent functions):





a) all
significant deficiencies and material weaknesses in the design or operation of
internal controls over financial reporting which are reasonably likely to
adversely affect the registrant’s ability to record, process, summarize and
report financial information; and





b) any
fraud, whether or not material, that involves management or other employees who
have a significant role in the registrant’s internal control over financial
reporting.








Date:
April 15, 2009





/s/ P. Morgan
McCune





P. Morgan
McCune


Chief
Financial Officer
## S IXTH 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________ Case No. 6D2 3

- 2250 Lower Tribunal No. 21

- CC

- 005129

_____________________________ R ICHARD G UTIERREZ and L ILIANA G UTIERREZ ,

Appellant s ,

v.
C ITIZENS P ROPERTY I NSURANCE C ORPORATION ,

Appellee

.

_____________________________ Appeal from the Circuit Court for Lee County

.

Erik Leontiev , Judge.
May 7, 2024

PER CURIAM

.
AFFIRMED

.
STARGEL , WHITE and MIZE , JJ., c oncur.

Erin M. Berger and Melissa A. Giasi , of Giasi Law, P.A.
, Tampa , for Ap pellant s

.
Daniel M. Schwarz and Kara Rockenbach , of Link & Rockenbach, P.A.
, West Palm Beach , for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING

AND DISPOSITION T HEREOF IF TIMELY FILED
**Exhibit 23.2****Consent of Independent Registered Public Accounting Firm**We consent to the incorporation by reference in the Registration Statements on Form S-3 (Nos.333-134879, 333-107755, 333-114166, 333-102988, 333-85160, 333-61866, 333-25661, 333-32159,333-23085, 333-17501, and 333-03507) and the Registration Statements on Form S-8 (Nos. 333-134878,333-116624, 333-30558, 333-46990, 333-81243, 333-105694, and 333-105693), pertaining to the 1992Stock Option Plan, the 1993 Non-Employee Directors’ Equity Incentive Plan, the 2000 Employee StockPurchase Plan, the 2003 Employee Stock Purchase Plan, the 2004 Non-Employee Directors’ EquityIncentive Plan, and the 2006 Equity Incentive Award Plan of Questcor Pharmaceuticals, Inc. of ourreport dated February 18, 2005 (except Note 17, as to which the date is March 29, 2005), withrespect to the 2004 financial statements and schedule of Questcor Pharmaceuticals, Inc. included inthis Annual Report (Form 10-K) for the year ended December 31, 2006./s/ Ernst & Young LLPPalo Alto, California
<PAGE>   1
                                                                   EXHIBIT 10.34




                    AMENDMENT NO. 1 TO FULL SERVICE FACILITY
                            AND MANAGEMENT AGREEMENT


         This Amendment No. 1 to the Full Service Facility and Management
Agreement (the "Amendment") is entered into effective September 1, 1996 by and
between JCW Medical Associates, P.A., a Texas professional association ("JCW")
and Doctors Practice Management, Inc., a Texas corporation ("DPMI").

                                  WITNESSETH:

         WHEREAS, JCW and DPMI desire to amend the Full Service Facility and
Management Agreement dated May 1, 1996 (the "Management Agreement"); and

         WHEREAS, JCW and DPMI, following the execution and effectiveness of
this Amendment, desire to continue the Full Service Facility and Management
Agreement in full force and effect without further amendment thereto;

         NOW, THEREFORE, for and in consideration of the premises and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:

         1.      AMENDMENT.  The parties hereto hereby agree that Section 5.1
of the Management Agreement is hereby amended to reduce the management fee from
65% of annual collected revenue to 40% of annual collected revenue.

         2.      ENTIRE AGREEMENT; NO FURTHER AMENDMENTS.  The parties hereto
acknowledge and agree  that this Amendment and the Management Agreement
represent the entire agreement of the parties with respect to the subject
matter thereof and that there exists no other agreements or understandings
between the parties with respect to the subject matter thereof.  The Management
Agreement may not be further amended without the written consent of both
parties thereto.

         IN WITNESS WHEREOF, the parties hereto have entered into this
Amendment effective as of September 1, 1996.

                                           DOCTORS PRACTICE MANAGEMENT, INC.


                                           By: /s/  Philip Chan             
                                              --------------------------------
                                               PHILIP CHAN, VICE PRESIDENT

                                           JCW MEDICAL ASSOCIATES, P.A.


                                           By: /s/  Jerome Wasserstein      
                                              --------------------------------
                                               DR. JEROME WASSERSTEIN
#### Preddi PARHUSIP, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 06-71165.

United States Court of Appeals, Ninth Circuit.

Submitted May 12, 2009.*

Filed May 26, 2009.

Kathleen S. Koh, Esquire, Law Office of Kathleen Koh, Whittier, CA, for Petitioner.

Jacob Bashyrov, Esquire, Susan K. Houser, Esquire, U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, CAC-District Counsel, Esquire, Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Before: PREGERSON, CANBY, and BERZON, Circuit Judges.

*

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

MEMORANDUM **

Preddi Parhusip, a native and citizen of Indonesia, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, *INS v. Elias-Zacarias,*502 U.S. 478, 481 n. 1, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992), and deny in part and grant in part the petition for review.

The agency denied Parhusip’s asylum claim as time-barred. Parhusip does not challenge this finding in his opening brief.

The agency failed to address Parhusip’s contention that he suffered past persecution, and his contention that he established a clear probability of persecution because he is a member of a disfavored group. *See Sagaydak v. Gonzales,*405 F.3d 1035, 1040 (9th Cir.2005) (“the BIA [is] not *free to*ignore arguments raised by a petitioner.”); *Wakkary v. Holder,*558 F.3d 1049, 1068-69 (9th Cir.2009). We therefore remand for the agency to address Parhusip’s claims in the first instance. *See Sagaydak,*405 F.3d at 1040; *see also INS v. Ventura,*537 U.S. 12, 16-18, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

*628Parhusip does not raise any challenge to the IJ’s denial of CAT relief. *See Martinez-Serrano v. INS,*94 F.3d 1256, 1259-60 (9th Cir.1996).

PETITION FOR REVIEW DENIED in part; GRANTED in part; REMANDED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
ex10-310ksba123106.htm


     

    
      

      

    

    

     

    
      
         

      

      
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II 

109TH CONGRESS 

1ST SESSION S. 917 

To amend title 38, United States Code, to make permanent the pilot program 

for direct housing loans for Native American veterans. 

IN THE SENATE OF THE UNITED STATES 

APRIL 27, 2005 

Mr. AKAKA introduced the following bill; which was read twice and referred 

to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to make permanent 

the pilot program for direct housing loans for Native 

American veterans. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PERMANENT AUTHORITY FOR HOUSING LOANS 

4 FOR NATIVE AMERICAN VETERANS. 

5 (a) PERMANENT AUTHORITY.—Section 3761 of title 

6 38, United States Code, is amended to read as follows: 
2 

•S 917 IS

1 ‘‘§ 3761. Authority for housing loans for Native Amer2 ican veterans 

3 ‘‘(a) The Secretary shall make direct housing loans 

4 to Native American veterans in accordance with the provi5 sions of this subchapter. 

6 ‘‘(b) The purpose of loans under this subchapter is 

7 to permit Native American veterans to purchase, con8 struct, or improve dwellings on trust land.’’. 

9 (b) CONFORMING AMENDMENTS.—Section 3762 of 

10 such title is amended— 

11 (1) in subsection (a), by inserting ‘‘under this 

12 subchapter’’ after ‘‘Native American veteran’’ in the 

13 matter preceding paragraph (1); 

14 (2) in subsection (b)(1)(E), by striking ‘‘in 

15 order to ensure’’ and all that follows and inserting 

16 a period; 

17 (3) in subsection (c)(1)(B), by striking ‘‘shall 

18 be the amount’’ and all that follows in the second 

19 sentence and inserting ‘‘shall be such amount as the 

20 Secretary considers appropriate for the purpose of 

21 this subchapter.’’; 

22 (4) in subsection (d)(1), by striking the second 

23 sentence; 

24 (5) in subsection (i)— 

25 (A) in paragraph (1), by striking ‘‘of the 

26 pilot program’’ and all that follows and insert-
3 

•S 917 IS

1 ing ‘‘of the availability of direct housing loans 

2 for Native American veterans under this sub3 chapter.’’; and 

4 (B) in paragraph (2)— 

5 (i) in subparagraph (A), by striking 

6 ‘‘under the pilot program’’ and all that fol7 lows and inserting ‘‘under this sub8 chapter’’; and 

9 (ii) in subparagraph (E), by striking 

10 ‘‘in participating in the pilot program’’ and 

11 inserting ‘‘in participating in the making 

12 of direct loans under this subchapter’’; and 

13 (6) by striking subsection (j). 

14 (c) CLERICAL AMENDMENTS.—(1) The heading of 

15 subchapter V of chapter 37 of such title is amended to 

16 read as follows: 

17 ‘‘SUBCHAPTER V—HOUSING LOANS FOR 

18 NATIVE AMERICAN VETERANS’’. 

19 (2) The table of contents for such chapter is amend20 ed— 

21 (A) by striking the matter relating to the sub22 chapter heading of subchapter V and inserting the 

23 following new item: 

‘‘SUBCHAPTER V—HOUSING LOANS FOR NATIVE AMERICAN VETERANS’’; 

24 and 
4 

•S 917 IS

1 (B) by striking the item relating to section 

2 3761 and inserting the following new item: 

‘‘3761. Authority for housing loans for Native American veterans.’’. 

Æ
II 

109TH CONGRESS 

1ST SESSION S. 81 

For the relief of Benjamin M. Banfro. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

Mr. CRAIG introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

For the relief of Benjamin M. Banfro. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PERMANENT RESIDENCE. 

4 In the administration of the Immigration and Nation5 ality Act (8 U.S.C. 1101 et seq.), Benjamin M. Banfro 

6 shall be held and considered to have been lawfully admit7 ted to the United States for permanent residence as of 

8 the date of the enactment of this Act upon payment of 

9 the required visa fees. 

10 SEC. 2. REDUCTION OF NUMBER OF AVAILABLE VISAS. 

11 Upon the granting of permanent residence to Ben12 jamin M. Banfro as provided in this Act, the Secretary 
2 

S 81 IS

1 of State shall instruct the proper officer to reduce by one 

2 number during the current fiscal year the total number 

3 of immigrant visas available to natives of the country of 

4 the alien’s birth under subsection (a) of section 203 of 

5 the Immigration and Nationality Act (8 U.S.C. 1153). 

Æ
Exhibit 32.2



CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with Quarterly Report of IRIS International, Inc. (the Company) on Form 10-Q for the period ending March 31, 2005 as filed with
the Securities and Exchange Commission on the date thereof (the Report), I, Martin G. Paravato, 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                       
|-----------------------
|Dated: May 6, 2005     
|                       
|/s/ MARTIN G. PARAVATO 
|Martin G. Paravato     
|Chief Financial Officer



This certification shall not be deemed
filed for purposes of Section 18 of the Securities Exchange Act of 1934, or the Exchange Act, or otherwise subject to the liability of Section 18 of the Exchange Ace. Such certification shall not be deemed to be incorporated by reference
into any filing under the Securities Act of 1933 or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
EXHIBIT 32

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

AND CHIEF FINANCIAL OFFICER

Pursuant to

18 U.S.C.
Section 1350,

as Adopted Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

Solely for the purposes of complying with 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, we the undersigned Chief Executive Officer and Chief Financial Officer of NPS Pharmaceuticals, Inc. certify that the Annual Report of NPS
Pharmaceuticals, Inc. on Form 10-K for the fiscal year ended December 31, 2005 fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 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 NPS Pharmaceuticals, Inc.



|                    |  |                                                                  
|------------------- |  | -----------------------------------------------------------------
|Date: March 2, 2006 |  | /s/ HUNTER JACKSON Hunter Jackson,                               
|                    |  | CEO and Chairman of the Board                                    
|                    | 
|Date: March 2, 2006 |  | /s/ GERARD J. MICHEL Gerard J. Michel,                           
|                    |  | Chief Financial Officer and Vice President, Corporate Development

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) and is not being filed as part of the Form 10-K or as a separate disclosure document.

A signed original of this written statement required by Section 906 has been provided to NPS Pharmaceuticals, Inc. and will be retained by NPS Pharmaceuticals, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
#### The State *vs.*David Seran.

A party cannot be indicted under the 4Sth section of the act respecting crimes *(Nix. Dig.*169) as an accessory before the fact, nor without charging-guilty knowledge and intent to defraud.

Case certified from the Salem Oyer and Terminer for the advisory opinion of this court.

Argued before Justices Vredejvbubgu: and Whelpeet

Tlie opinion of the court was delivered by

Vredenburgh, J.

The indictment in this case, after charging that one William Hart had uttered and published a certain counterfeit bank bill, and been thereof convicted, further charged that the present defendant, before the said felony and uttering, did feloniously and maliciously incite, move, procure, aid, counsel, hire, and command the said Hart to the said felony, and to unlawfully utter and publish as true the said counterfeited bank note, in manner and form aforesaid, to do and commit against the form of the statute. This indictment was tried in the Salem Oyer, and the defendant convicted, whereupon the sentence was suspended, and the question, whether the indictment charges any crime against the defendant, reserved for the opinion of this court.

The act under which the iudictment is framed is the forty-eighth section of the act respecting crimes *(Nix. Dig.*169), which provides that if any person shall cause, counsel, command, or procure to he uttered or published as true any bank note, knowing the same to be false, with intent to defraud any person, shall be guilty of a misdemeanor.

The indictment is fatally defective in not charging upon the defendant any guilty knowledge or any intent to de*520fraud any person. It charges a crime upon Hart, but more upon Seran.

It was suggested that it might be good against the defendant as an accessory before the fact of the forgery by Hart. But, in the first place, the charge against Hart is only of a misdemeanor, which does not admit of an accessory ; and in the next place, if it was a felony in the principal, the ordinary forms in the books, from which this is framed, for an indictment against the accessory would not answer. It would, in some shape, have to be averred that the accessory, at the time he counselled the principal to pass the note, knew as well as the principal that the note was a forgery. His advising the principal to utter a note which the principal knew to be a counterfeit, but which the coun sellor did not, could not be criminal.

The whole body of the crime therefore, to wit, guilty knowledge and intent to defraud, is left out of the indictment, and the Oyer should be advised accordingly.

Cited in *State*v. *Wyckoff,*2 *Vr.*67.
#### State v. Theer

Case below: 181 N.C. App. 349 (16 January 2007)

No. 098A07

1. Defs NOA Based Upon a Constitutional Question (COA05-1640)

2. AG’s Motion to Dismiss Appeal

1. _

2. Allowed 10/11/07