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

**Exhibit 32.1**

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

I, John L. Threshie Jr., CEO ofThe Tirex Corporation (the "Company") do hereby certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of2002, that, to my knowledge: 

1. 

This Quarterly Report onForm 10-QSB of the Company for the period ended September 30, 2007 as filed withthe Securities and Exchange Commission (the "report"), fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and 
2. 

The informationcontained in the report fairly presents, in all material respects, the financialcondition and results of operations of the Company. 

 

/s/ ________________ John L. Threshie Jr., CEO 

Date: November 13, 2007
No. 941.

#### D. W. Klein Co. *v.*Helvering, Commissioner of Internal Revenue.

March 16, 1942.

*Messrs. Richard S. Doyle*and *Frederick V. Arber*for petitioner. *Solicitor General Fahy, Assistant Attorney General Clark,*and *Messrs. J. Louis Monarch*and *Harry Marselli*for respondent.

Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          OCT-31-1996
<PERIOD-END>                               JUL-31-1996
<CASH>                                         340,438
<SECURITIES>                                         0
<RECEIVABLES>                                1,051,682
<ALLOWANCES>                                         0
<INVENTORY>                                  1,480,227
<CURRENT-ASSETS>                             3,043,828
<PP&E>                                       1,865,633
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               5,228,451
<CURRENT-LIABILITIES>                        2,310,679
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     4,683,254
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 5,228,451
<SALES>                                      5,776,679
<TOTAL-REVENUES>                             5,776,679
<CGS>                                        4,162,692
<TOTAL-COSTS>                                5,782,446
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              99,458
<INCOME-PRETAX>                               (86,991)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (86,991)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (86,991)
<EPS-PRIMARY>                                   (0.04)
<EPS-DILUTED>                                        0
        

</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Veterans Affairs

The Department of Veterans Affairs gives notice under Public Law 92-463 (Federal Advisory Committee Act) that the Advisory Committee on Former Prisoners of War has scheduled a meeting on November 2-4, 2009, at the Department of Veterans Affairs Regional Office, 5460 Reno Corporate Drive, Reno, Nevada, from 9 a.m. to 4 p.m. each day. The meeting is open to the public.

The purpose of the Committee is to advise the Secretary of Veterans Affairs on the administration of benefits under title 38, United States Code, for Veterans who are former prisoners of war, and to make recommendations on the needs of such Veterans for compensation, health care, and rehabilitation.

On November 2, the Committee will receive remarks from VA officials and tour the VA Regional office. In the afternoon, a town hall meeting will be held at the VA Regional Office to hear from former prisoners of war. On November 3, the Committee will receive updates on the report from the Robert E. Mitchell Center for Prisoners of War Studies, educational programs, Veterans Health Administration and discuss the Committee's recommendations and VA responses. In the afternoon, the Committee will continue a tour of the VA Regional Office. On November 4, the Committee's Medical and Administrative Working Groups will complete their interim report for the Committee's final report. In the afternoon, the Committee will work on its first draft of its final report.

                    Members of the public may attend the town hall meeting and may also submit written statements for review by the Committee in advance of the meeting to Mr. Bradley G. Mayes, Director, Compensation and Pension Service, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or to Ms. Carolyn Bryant at                     *Carolyn.bryant@va.gov.*

Dated: October 14, 2009.

By Direction of the Secretary.

Vivian Drake,

Acting Committee Management Officer.

[FR Doc. E9-25273 Filed 10-20-09; 8:45 am]

BILLING CODE 8320-01-P
EXHIBIT 99(a)

CERTIFICATION OF  CHIEF EXECUTIVE OFFICER  PURSUANT TO 18 U.S.C. § 1350

I,
J. M. Haggar, III, Chief Executive Officer of Haggar Corp. (the "Company"), hereby certify that the accompanying report on Form 10-K for the fiscal year ended
September 30, 2002, and filed with the Securities and Exchange Commission on the date hereof (the "Report"), fully complies with the requirements of Section 13(a) of the Securities
Exchange Act of 1934, as amended. I further certify that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the
Company.

| |  | /s/ J. M. Haggar, IIIJ. M. Haggar, III
Date: January 28, 2003
| |  | -------------------------------------------------------------

---

QuickLinks
#### Susana MARTINEZ, Plaintiff-Appellant, v. COUNTY OF LOS ANGELES, public entity; Los Angeles County Sheriff's Department, public entity; Lee Baca, individually and officially; Steve Gutierrez, individually and officially; Randy Tuinstra, individually and officially, Defendants-Appellees.

No. 08-55156.

United States Court of Appeals, Ninth Circuit.

Submitted April 13, 2009.*

Filed April 15, 2009.

*495Ellen Hammill Ellison, Esquire, Law Offices of Ellen Hammill Ellison, Los Ange-les, CA, for Plaintiff-Appellant.

Jacqueline Leathy Norlin, Esquire, La-quer, Urban, Clifford, & Hodge, Pasadena, CA, for Defendants-Appellees.

Before: CANBY, RAWLINSON and N.R. SMITH, Circuit Judges.

*

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

MEMORANDUM **

Susana Martinez (Martinez) appeals the district court’s summary judgment in favor of defendants on all claims in her action brought under 42 U.S.C. § 1983 and state unlawful employment practices statutes.

1. Although Martinez approved the judgment entered by the district court, the record reflects that she intended to pursue her appeal rights. Therefore, there was no waiver of appeal. *See U.A. Local 342 Apprenticeship & Training Trust v. Babcock & Wilcox, Construction Co.,*396 F.3d 1056, 1058 (9th Cir.2005).

2. Martinez failed to raise a material issue of fact regarding her employment by the Los Angeles Community College District, rather than the County of Los Angeles (County), during the time relevant to her case. *See Hardage v. CBS Broadcasting Inc.,*427 F.3d 1177, 1183 (9th Cir.2005) (“There is no issue for trial unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party. If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted.”) (citation and alteration omitted).

3. Because Martinez was not employed by the County, summary judgment was properly awarded to the defendants, as her claims were all predicated on an employment relationship. *See Jones v. County of Los Angeles,*99 Cal.App.4th 1039, 1045, 121 Cal.Rptr.2d 621 (2002); *see also Blair v. City of Pomona,*223 F.3d 1074, 1079 (9th Cir.2000), *as amended*(“To establish § 1983 liability on the part of the [County] under *Monell v. Dept. of Social Services,*436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978),” a plaintiff must show that she was deprived of a constitutional right “by an *adverse employment action*... ”) (emphasis added) (citations omitted).

AFFIRMED.

**

**This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
#### UNITED STATES of America, Plaintiff-Appellee, v. Gabriel RUBALCABA, Defendant-Appellant.

Nos. 04-51341, 04-51368

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

June 20, 2006.

Diane D. Kirstein, Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Nancy Gosnell Revelette, El Paso, TX, for Defendant-Appellant.

Before STEWART, DENNIS, and OWEN, Circuit Judges.

PER CURIAM: *

Gabriel Rubalcaba appeals the sentences he received after he pleaded guilty to im*445porting more than 100 kilograms of marijuana with intent to distribute and to escape from a federal prison. For the first time on appeal, Rubalcaba argues that his sentences for both convictions should be vacated and his case remanded under *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), because the district court treated the Guidelines as mandatory.

In the marijuana case, Rubalcaba waived his right to appeal; the Government however, does not seek its enforcement. *See United States v. Lang,*440 F.3d 212, 213 (5th Cir.2006); *United States v. Story,*439 F.3d 226, 230-31 (5th Cir. 2006).

Because Rubalcaba raises his *Booker*argument for the first time on appeal, we review only for plain error. *See United States v. Valenzuelar-Quevedo,*407 F.3d 728, 732 (5th Cir.), *cert. denied,*— U.S. -, 126 S.Ct. 267, 163 L.Ed.2d 240 (2005). Although the mandatory application of the Sentencing Guidelines constitutes error that is now clear in light of *Booker,*Rubalcaba has not shown that this error affected his substantial rights. *See id.*That Rubalcaba was sentenced at the lowest end of the guidelines range does not indicate that his sentence would likely have been different under advisory Guidelines. *See United States v. Bringier,*405 F.3d 310, 317-18 & n. 4. (5th Cir.), *cert. denied,*— U.S.-, 126 S.Ct. 264, 163 L.Ed.2d 238 (2005).

AFFIRMED.

*

 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.
#### 409-411 Sixth Street LLC, Respondent, v Masako Mogi, Appellant.

[979 NYS2d 19]

Upon remittitur from the Court of Appeals (22 NY3d 875 [Oct. 10, 2013]), the order of the Appellate Term of the Supreme Court, First Department, entered March 29, 2010, which affirmed a final judgment of the Civil Court, New York County (Jean T. Schneider, J.), entered on or about August 8, 2008, awarding possession to the petitioner landlord in a holdover summary proceeding, is unanimously affirmed, without costs.

Landlord 409-411 Sixth Street, LLC commenced a holdover proceeding to evict tenant Masako Mogi from her rent-stabilized apartment in New York City on the ground that she was not using the apartment as her primary residence as required by the Rent Stabilization Code (9 NYCRR 2524.4 [c]). After a nonjury trial, Civil Court found in landlord’s favor, determining that tenant had not used the apartment as her primary residence. The Appellate Term affirmed the judgment, concluding that a fair interpretation of the evidence supported the Civil Court’s determination. In a 3-2 decision, this Court reversed the Appellate Term order, denied the holdover petition, and dismissed the proceeding.

Subsequently, the Court of Appeals reversed, finding that we applied the incorrect standard of review. Specifically, the Court held that in primary residence cases, where the Appellate Division acts as the second appellate court, “ ‘the decision of the fact-finding court should not be disturbed upon appeal unless it is obvious that the court’s conclusions could not be reached under any fair interpretation of the evidence, especially when the findings of fact rest in large measure on considerations relating to the credibility of witnesses,’ ” *(409-411 Sixth St., LLC v Mogi,*22 NY3d 875, 876-877 [2013], citing *Claridge Gardens v Menotti,*160 AD2d 544, 544-545 [1st Dept 1990]).

Applying this standard, we find that competent evidence in the record supports the trial court’s conclusion that the tenant actually resided in a house in Vermont from 2004 to 2006, and that she had not used her New York apartment as her primary residence during that same time. The tenant’s attempt to *559explain away this fact merely raises questions of fact and credibility for the trial court *(see Menotti,*160 AD2d at 544; *542 E. 14th St. LLC v Lee,*66 AD3d 18, 22 [1st Dept 2009]). Concur— Mazzarelli, J.E, Friedman, Renwick and Freedman, JJ.
by****Dale Bosworth, ChiefU. S. Forest ServiceRecent Fatal Helicopter Crashes 

"It is with great sadness that we learn of yesterday's helicopter crash on the Payette National Forest which resulted in the deaths of Forest Service employees Michael Lewis, Lillian Patten, Monica Zajanc and contract pilot Quinn Stone. Earlier this month, during fire suppression activities on the Klamath National Forest, a helitanker crashed and resulted in the deaths of contract pilots Terry Jacobs and Andrei Pantcenko. My heartfelt sympathies go out to the families, friends and loved ones affected by these tragedies." 

"As fires continue to rage throughout the western states, we are reminded that firefighting is a dangerous business. No piece of land or anyone's home is worth the loss of life. Our firefighters' and the public's safety is and always will be our first priority." 

"The National Safety and Transportation Board and Forest Service officials are conducting investigations into the causes of both the crash on the Klamath and now the Payette National Forests." 

#

# image1.jpeg
II 

111TH CONGRESS 

1ST SESSION S. 2841 

To amend the Internal Revenue Code of 1986 to allow S corporations the 

deduction for charitable contributions of inventory. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 7, 2009 

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

to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to allow S 

corporations the deduction for charitable contributions 

of inventory. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘S Corporation Inven5 tory Contribution Act of 2009’’. 

6 SEC. 2. S CORPORATIONS ALLOWED DEDUCTION FOR 

7 CHARITABLE CONTRIBUTIONS OF INVEN8 TORY. 

9 (a) IN GENERAL.—Section 170(e)(3)(A) of the Inter10 nal Revenue Code of 1986 (relating to certain contribumstockstill on DSKH9S0YB1PROD with BILLS

2 

•S 2841 IS

1 tions of inventory and other property) is amended by strik2 ing ‘‘(other than a corporation which is an S corpora3 tion)’’. 

4 (b) LIMITATION.—Section 170(e)(3)(A) of such Code 

5 is amended by adding at the end the following flush sen6 tence: 

7 ‘‘In the case of a taxpayer other than a C cor8 poration, the aggregate amount of such con9 tributions for any taxable year which may be 

10 taken into account under this subparagraph 

11 shall not exceed 10 percent of the taxpayer’s 

12 aggregate net income for such taxable year 

13 from all trades or businesses from which such 

14 contributions were made, computed without re15 gard to this section.’’. 

16 (c) CONFORMING AMENDMENTS.— 

17 (1) Subclause (I) of section 170(c)(3)(C)(i) of 

18 such Code is amended by striking ‘‘C corporation’’ 

19 and inserting ‘‘corporation’’. 

20 (2) Subparagraph (C) of section 170(c)(3) of 

21 such Code is amended by striking clause (ii) and by 

22 redesignating clauses (iii) and (iv) as clauses (ii) and 

23 (iii), respectively. 

24 (d) EFFECTIVE DATE.—The amendments made by 

25 this section shall apply to contributions made after Demstockstill on DSKH9S0YB1PROD with BILLS

3 

•S 2841 IS

1 cember 31, 2009, and to taxable years ending after such 

2 date. 

Æ 

mstockstill on DSKH9S0YB1PROD with BILLS
exhibit10_106.htm


     

    January
      25, 2001

     

    Receivables
      Capital Corporation 

    c/o
      AMACAR

    6525
Morrison
      Boulevard,


    Suite
      318


    Charlotte,
      NC 28211

     

    Bank
      of
      America, 

    National
      Association Global Asset Securitization

    231
      South
      LaSalle St.

    Chicago,
      IL 60697

     

    Please
      be
      advised that per Section 2.04 of the Certificate Purchase Agreement, among
      Navistar Financial Securities Corporation, as Seller; Navistar Financial
      Corporation as
      Servicer;
Receivables
      Capital
      Corporation, as the Conduit Purchaser; Bank of America, National Association,
      as
      Administrative Agent and Bank of America, National Association, as Committed
      Purchaser, dated
      January 28, 2000, the Seller
      and
      the
      Servicer hereby request
      an
      extension of the Purchase Expiration Date until January 23, 2002.

     

    Your
      signature hereto shall constitute an agreement in writing among the parties
      to
      the Certificate Purchase Agreement effective, under the terms of Section 2.04
      of
      the Certificate Purchase Agreement, to extend the Purchase Expiration Date
      until
      January 23, 2002.

     

     

    [Signatures
Continue on the
Next
      Page]

     

    
       

      
        E-33

        
          

        

      

      
        
        

      

    

     

    Sincerely,

     

    NAVISTAR
      FINANCIAL SECURITIES CORPORATION,

    as
      Seller

     

    By:    
      /s/  R.
      W.
      CAIN

    Name:       R.
      Wayne Cain

    Title:         Vice
      President and Treasure

    
NAVISTAR
      FINANCIAL CORPORATION,

    as
      Service

     

    By:   
      /s/  R.
      W.
      CAIN

    Name:      R.
      Wayne Cain

    Title:        Vice
      President and Treasurer

     

     

     

    Consented
      and Agreed:

     

    RECEIVABLES
      CAPITAL CORPORATION,

    As
      the
      Conduit Purchaser

     

    By:  
      /s/  EVELYN
      ECHEVARRIA

    Name:     Evelyn
      Echevarria

    Title:       Vice
      President

     

    BANK
      OF
      AMERICA, NATIONAL ASSOCIATION,

    As
      Committed Purchaser and as Administrative Agent

     

    By:    
      /s/  ERLE
      R.L.
      ARCHER

    Name:      
      Erle R. L. Archer

    Title:         Principal

     

    
       

      
        E-34
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

      ( print page 26871)    
Pursuant to section 10(d) of the Federal Advisory Committee Act, as 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:*                         Heart, Lung, and Blood Initial Review Group; Clinical Trials Review Committee.                    

*Date:*                         June 29-30, 2009.                    

*Time:*                         8 a.m. to 5 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814.                    

*Contact Person:*                         Keary A. Cope, PhD, Scientific Review Officer, Review Branch/DERA, National Heart, Lung, and Blood Institute, 6701 Rockledge Drive, Room 7190, Bethesda, MD 20892-7924, 301-435-2222,                         *copeka@mail.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes of Health, HHS)

Dated: May 29, 2009.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E9-13101 Filed 6-3-09; 8:45 am]

BILLING CODE 4140-01-P
[940 NE2d 919, 915 NYS2d 213]

#### In the Matter of Albert f., a Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency, Respondent.

Decided December 16, 2010

APPEARANCES OF COUNSEL

*Legal Aid Society,*New York City *(Patricia S. Colella*of counsel), for appellant.

*Michael A. Cardozo, Corporation Counsel,*New York City *(Dona B. Morris*of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), appeal dismissed, without costs, upon the ground that the two-Justice dissent at the Appellate Division is not on a question of law (CPLR 5601 [a]).

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.