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

109TH CONGRESS 

1ST SESSION S. CON. RES. 1

To provide for the counting on January 6, 2005, of the electoral votes 

for President and Vice President of the United States. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 4, 2005

Mr. FRIST (for himself, Mr. REID, and Mr. LOTT) submitted the following 

concurrent resolution; which was considered and agreed to 

CONCURRENT RESOLUTION 

To provide for the counting on January 6, 2005, of the 

electoral votes for President and Vice President of the 

United States.

1 Resolved by the Senate (the House of Representatives 

2 concurring), That the two Houses of Congress shall meet 

3 in the Hall of the House of Representatives on Thursday, 

4 the sixth day of January 2005, at 1 o’clock post meridian, 

5 pursuant to the requirements of the Constitution and laws 

6 relating to the election of President and Vice President 

7 of the United States, and the President of the Senate shall 

8 be their Presiding Officer; that two tellers shall be pre9 viously appointed by the President of the Senate on the 

10 part of the Senate and two by the Speaker on the part 
2

•SCON 1 ATS 

1 of the House of Representatives, to whom shall be handed, 

2 as they are opened by the President of the Senate, all the 

3 certificates and papers purporting to be certificates of the 

4 electoral votes, which certificates and papers shall be 

5 opened, presented, and acted upon in the alphabetical 

6 order of the States, beginning with the letter ‘‘A’’; and 

7 said tellers, having then read the same in the presence 

8 and hearing of the two Houses, shall make a list of the 

9 votes as they shall appear from the said certificates; and 

10 the votes having been ascertained and counted in the man11 ner and according to the rules by law provided, the result 

12 of the same shall be delivered to the President of the Sen13 ate, who shall thereupon announce the state of the vote, 

14 which announcement shall be deemed a sufficient declara15 tion of the persons, if any, elected President and Vice 

16 President of the United States, and, together with a list 

17 of the votes, be entered on the Journals of the two Houses.

Æ
* Pursuant to Local Rule 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-50492 Summary Calendar

PAUL EARL DORSEY, Plaintiff-Appellant,

versus JOHN E. STINE; D. MOYA; MORGAN, Capt., Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. W-95-CV-334

- - - - - - - - - - October 30, 1996 Before JONES, DeMOSS and PARKER, Circuit Judges.
PER CURIAM: * Paul Earl Dorsey, Texas prisoner # 642562, appeals the district court’s dismissal of his 42 U.S.C. § 1983 action as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i), formerly § 1915(d). Dorsey argues that prison officials violated his due process rights by imposing a lockdown without providing notice and a hearing. Dorsey also argues that the meals he received duringNo. 96-50492 - 2 - the lockdown were nutritionally inadequate and did not contain fresh fruit or condiments. We have reviewed the record and the district court’s opinion and find no abuse of discretion in the reasoning of the district court. Dorsey v. Stine , No. W-95-CV334 (W.D. Tex. June 20, 1995). Dorsey’s conclusional allegations of weight loss raised for the first time on appeal are not supported by evidence in the record and therefore are insufficient to show that the meals he received during the lockdown were nutritionally inadequate. See United States v. Flores , 887 F.2d 543, 546 (5th Cir. 1989)(court will not enlarge the record on appeal to include matters not presented to the district court). Dorsey’s appeal is without arguable merit and is thus frivolous. See Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983). Because his appeal is frivolous, it is DISMISSED. 5th Cir. R. 42.2. Dorsey is cautioned that any future frivolous appeals filed by him or on his behalf will invite the imposition of sanctions. Dorsey is cautioned further to review any pending appeals to ensure that they do not raise arguments that are frivolous.
APPEAL DISMISSED; SANCTION WARNING ISSUED.
Exhibit 32.2 CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906OF THE
SARBANES-OXLEY ACT OF 2002 In connection with the Quarterly
Report of Gexa Corp. (the Company) on Form 10-Q for the period ending June
30, 2004 (the Report), as filed with the Securities and Exchange Commission
on the date hereof, I, David Holeman, 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: 1.         The Report fully complies
with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934,
as amended; 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/ David Holeman
David
HolemanChief Financial OfficerDated: August 11, 2004 A signed original of this
written statement required by Section 906 has been provided to Gexa Corp. and
will be retained by the Gexa Corp. and furnished to the Securities and Exchange
Commission or its staff upon request.
**Exhibit 32.1**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER ANDCHIEF FINANCIAL OFFICER**

**PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF2002**

 

I, Carlton H. Baab, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that the Quarterly Report of Raining DataCorporation on Form 10-QSB for the quarterly period ended December 31,2004 fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 and that information contained in suchForm 10-QSB fairly presents in all material respects the financialcondition and results of operations of Raining Data Corporation.

 

 
|   | By:    | /s/ Carlton H. Baab                   |   |
|--------|--------|---------------------------------------|--------|
|   | Name:  | Carlton H. Baab                       |
|   | Title: | President and Chief Executive Officer |

 

I, Brian C. Bezdek, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that the Quarterly Report of Raining DataCorporation on Form 10-QSB for the quarterly period ended December 31,2004 fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 and that information contained in suchForm 10-QSB fairly presents in all material respects the financial conditionand results of operations of Raining Data Corporation.

 

 
|   | By:    | /s/ Brian C. Bezdek     |   |
|--------|--------|-------------------------|--------|
|   | Name:  | Brian C. Bezdek         |
|   | Title: | Chief Financial Officer |

 

1

----
EXHIBIT 32.1   EARTHWORKS ENTERTAINMENT, INC.

   Certification of Principal Executive Officer Pursuant to 18 U.S.C. 1350
         (Section 906 of the Sarbanes-Oxley Act of 2002)

I, Peter Keefe,  Chief Executive  Officer,  and President  "principal  executive
officer") of Earthworks Entertainemnt, Inc. (the "Registrant"),  certify that to
the best of my knowledge,  based upon a review of the  Quarterly  Report on Form
10-Q for the period ended June 30, 2004 of the Registrant (the "Report"):

     (1) The Report fully complies with the requirements of Section 13(a)[15(d)]
     of the Securities Exchange Act of 1934, as amended; and

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


Dated: August 11, 2004   /s/ PETER KEEFE
                        ---------------------
                         Peter Keefe
                         Chief Executive Officer, and President
#### Bank of America, N.A., Respondent, v Sheldon H. Solow, Appellant.

Submitted May 4, 2009;

decided June 11, 2009

*878Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
<PAGE>   1
                                                                    EXHIBIT 23.1


                         CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statements
(Form S-8, No. 33-54604) pertaining to the 1990 Incentive Stock Option,
Nonqualified Stock Option and Restricted Stock Option Purchase Plan, (Form S-8,
No. 33-70518) pertaining to the 1993 Nonqualified Stock Option Plan and Key
Employee Warrants, (Form S-8, No. 33-92270) pertaining to the 1994 Incentive
Stock Option, Nonqualified Stock Option and Restricted Stock Purchase Plan,
(Form S-8, No. 333-06419) pertaining to the 1996 Nonqualified Stock Option Plan,
(Form S-8, No. 333-06415) pertaining to Key Employee Restricted Stock Purchase
Plan, (Form S-8, No. 333-28259) pertaining to the Key Employee Restricted Stock
Purchase Plan, (Form S-8, No 333-46393) pertaining to Key Employee Options and
FocusSoft Stock Option Plan, (Form S-8, No. 333-41321), pertaining to the 1997
Nonqualified Stock Option Plan and Platinum Software Corporation Clientele
Incentive Plan, (Form S-3, No. 333-38105) pertaining to the registration of
450,935 shares, (Form S-3, 333-46395) pertaining to the registration of
2,474,794 shares, (Form S-4, No. 333-67577) pertaining to the registration of
16,950,379 shares, (Form S-8, No. 333-67841) pertaining to the 1998 Nonqualified
Stock Option Plan, (Form S-8, No. 333-70855) pertaining to DataWorks 1995 Equity
Incentive Plan, DataWorks 1995 Non-Employee Directors Stock Option Plan,
Interactive 1997 Nonstatutory Stock Option Plan, Interactive 1995 Stock Option
Plan, and Nonstatutory Stock Option Agreements, Nonqualified Stock Option
Agreement, (Form S-8, No. 333-84257) pertaining to the Employee Stock Purchase
Plan, (Form S-8, No. 333-85105) pertaining to the 1999 Nonstatutory Stock Option
Plan and 1999 Merger Transition Nonstatutory Stock Plan, and (Form S-8, No.
333-91505) pertaining to the Key Employee Nonqualified Option Agreement, of our
reports dated February 2, 2000, except for Note 11, as to which the date is
March 22, 2000, with respect to the consolidated financial statements and
schedule of Epicor Software Corporation, included in the Annual Report (Form
10-K) for the year ended December 31, 1999.


                                               /s/ Ernst & Young LLP


Orange County, California
March 22, 2000
[Federal Register Volume 74, Number 100 (Wednesday, May 27, 2009)]
[Notices]
[Pages 25250-25251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12203]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Eunice Kennedy Shriver National Institute of Child Health & Human 
Development; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as

[[Page 25251]]

amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Child Health and Human 
Development Initial Review Group; Developmental Biology 
Subcommittee.
    Date: June 15-16, 2009.
    Time: 8:30 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Embassy Suites at the Chevy Chase Pavilion, 4300 Military 
Road, NW., Washington, DC 20015.
    Contact Person: Norman Chang, PhD, Scientific Review 
Administrator, Division of Scientific Review, National Institute of 
Child Health and Human Development, NIH, 6100 Executive Blvd., Room 
5B01, Bethesda, MD 20892, (301) 496-1485, <a href="/cdn-cgi/l/email-protection#ec8f848d828b82ac818d8580c2828584c28b839a"><span class="__cf_email__" data-cfemail="46252e27282128062b272f2a68282f2e68212930">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, 
Population Research; 93.865, Research for Mothers and Children; 
93.929, Center for Medical Rehabilitation Research; 93.209, 
Contraception and Infertility Loan Repayment Program, National 
Institutes of Health, HHS)

    Dated: May 15, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-12203 Filed 5-26-09; 8:45 am]
BILLING CODE 4140-01-P


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Exhibit
      10.1

    


    The
      cash
      compensation of the non-employee directors of the Board of Directors of the
      Company is as follows: 

    


    
      	 	
              ·

            	
              the
                annual cash retainer payable for Company Board-level (as opposed
                to
                Committee-level) service is $30,000;


            


    

    
      	 	 	 


      	 	
              ·

            	
              an
                annual cash retainer of $12,000 is payable to the chairman of the
                Audit
                Committee;

            


    

    
      	 	 	 


      	 	
              ·

            	
              an
                annual cash retainer of $9,000 is payable to the chairman of the
                Compensation Committee; 

            


    

    
      	 	 	 


      	 	
              ·

            	
              the
                amount of the per meeting fee for in-person Board of Directors meetings
                is
                $1,600; 

            


    

    
      	 	 	 


      	 	
              ·

            	
              the
                amount of the per meeting fee for in-person Committee meetings is
                $1,200;

            


    

    
      	 	 	 


      	 	
              ·

            	
              the
                amount of the per meeting fee payable for telephonic meetings of
                the Board
                of Directors or a Committee lasting one hour or less is fixed at
                50% of
                the per meeting for a Board of Directors or Committee meeting, as
                applicable
                and

            


    

    
      	 	 	 


      	 	
              ·

            	
              in
                the event that the Company determines that it is advisable to establish
                a
                Special Committee, if and when such a Committee is needed, additional
                compensation would be paid at the rate of $5,000 per month for the
                Special
                Committee Chairman, $2,500 per month for the Special Committee
                Vice-Chairman, and $2,000 per meeting for all members of the Special
                Committee. The additional compensation will be discontinued when
                any
                Special Committee project is suspended or concluded.
Exhibit 32.2



SECTION 906 CERTIFICATIONCFO



In connection with the Annual Report of Exploration & Production Company (the Company) on Form 10-K/A for the period ending December 31, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Stephen A. Thorington, 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, after
reasonable investigation:



| | (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.
| | --- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------



Dated: June 14, 2004.



/s/    Stephen A. ThoringtonStephen A. Thorington Chief Financial Officer




The foregoing certification is being
furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and is not being filed as part of the Report or as a separate disclosure document.



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.
<TABLE> <S> <C>

<ARTICLE> 9

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-2001
<PERIOD-END>                               SEP-30-2000
<CASH>                                          15,297
<INT-BEARING-DEPOSITS>                           4,146
<FED-FUNDS-SOLD>                                50,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     21,739
<INVESTMENTS-CARRYING>                          98,369
<INVESTMENTS-MARKET>                            96,994
<LOANS>                                      1,063,017
<ALLOWANCE>                                     13,429
<TOTAL-ASSETS>                               1,258,410
<DEPOSITS>                                   1,081,441
<SHORT-TERM>                                     4,118
<LIABILITIES-OTHER>                              9,390
<LONG-TERM>                                     76,143
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         6,735
<OTHER-SE>                                      80,583
<TOTAL-LIABILITIES-AND-EQUITY>               1,258,410
<INTEREST-LOAN>                                 19,531
<INTEREST-INVEST>                                3,067
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                22,598
<INTEREST-DEPOSIT>                              12,619
<INTEREST-EXPENSE>                              13,644
<INTEREST-INCOME-NET>                            8,954
<LOAN-LOSSES>                                       89
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  4,553
<INCOME-PRETAX>                                  5,315
<INCOME-PRE-EXTRAORDINARY>                       5,315
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,445
<EPS-BASIC>                                       0.60
<EPS-DILUTED>                                     0.60
<YIELD-ACTUAL>                                    2.95
<LOANS-NON>                                      3,698
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                13,368
<CHARGE-OFFS>                                       38
<RECOVERIES>                                        10
<ALLOWANCE-CLOSE>                               13,429
<ALLOWANCE-DOMESTIC>                            13,429
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                         13,185


</TABLE>
**Exhibit 31.2**

 

**CERTIFICATION**

 

I, Stephen A. Thorington, Executive Vice President and Chief Financial Officer of Plains Exploration & Production Company, certify that: 

 

1. I have reviewed this annual report on Form 10-K of Plains Exploration &Production Company; 

 

2. Based on my knowledge, this report does notcontain 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 thisreport; 

 

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

 

4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) [omitted in accordance with section III.E. of SEC Release No. 34-47986] for the registrant and we have: 

 

a. designed such disclosure controls and procedures, or caused suchdisclosure 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, particularlyduring the period in which this report is being prepared; 

 

b. [omitted in accordance with section III.E. of SEC Release No. 34-47986]; 

 

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

 

d. disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’smost 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 control over financial reporting; and

 

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

 

a. all significant deficiencies and material weaknesses in the design or operation of internal controls over financialreporting 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 internalcontrols over financial reporting.