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

----

| 1.   | I have reviewed the small business issuer's Annual Report on Form 10-K for the period ended December 31, 2007 (this "report"); |
|----------------|--------------------------------------------------------------------------------------------------------------------------------|

| 2.   | Based on my knowledge, this 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 report; |
|----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 3.   | Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report; |
|----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 4.   | The small business issuer's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have: |
|----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 5.   | The small business issuer's other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer's auditors and the audit committee of the small business issuer's board of directors (or persons performing the equivalent functions): |
|----------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                      | Atlas Mining Company |
|--------------------------------|----------------------|
|                           |                 |   |
| Date:  July 15, 2009 | By:                  | /s/ ANDRE ZEITOUN |
|                           |                 | Andre Zeitoun |
|                           |                 | Chief Executive Officer |

----
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                           41008
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 41008
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   41008
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            10
<OTHER-SE>                                       40998
<TOTAL-LIABILITY-AND-EQUITY>                     41008
<SALES>                                              0
<TOTAL-REVENUES>                                  1015
<CGS>                                                0
<TOTAL-COSTS>                                    21050
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (20035)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (20035)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (20035)
<EPS-BASIC>                                        0<F1>
<EPS-DILUTED>                                        0<F1>
<FN>
<F1>Not presented, as all shares of common stock are held by a sole
shareholder.
</FN>


</TABLE>
<TABLE> <S> <C>


<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                      11,099,418
<SECURITIES>                                   726,538
<RECEIVABLES>                                6,298,089
<ALLOWANCES>                                         0
<INVENTORY>                                  8,683,439
<CURRENT-ASSETS>                            28,964,632
<PP&E>                                      13,929,043
<DEPRECIATION>                               5,024,016
<TOTAL-ASSETS>                              40,861,519
<CURRENT-LIABILITIES>                       10,107,972
<BONDS>                                      5,240,034
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        58,569
<OTHER-SE>                                  16,018,689
<TOTAL-LIABILITY-AND-EQUITY>                40,861,519
<SALES>                                     38,888,233
<TOTAL-REVENUES>                            44,119,482
<CGS>                                       32,198,701
<TOTAL-COSTS>                               32,198,701
<OTHER-EXPENSES>                             6,615,768
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             393,515
<INCOME-PRETAX>                              4,911,498
<INCOME-TAX>                                   953,000
<INCOME-CONTINUING>                          2,240,971
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,240,971
<EPS-PRIMARY>                                      .39
<EPS-DILUTED>                                      .36
<FN>
Accounts receivable are net of allowance of $231,000 at December 31, 1997.
<FN>
Inventories are net of reserve of $238,000 at December 31, 1997.



</TABLE>
<TABLE> <S> <C>

<ARTICLE> UT
<LEGEND>
This schedule contains summary financial information extracted from Entergy
Mississippi's financial statements for the year ended December 31, 1998 and 
is qualified in its entirety by reference to such financial statements.
</LEGEND>
<CIK> 0000066901
<NAME> ENTERGY MISSISSIPPI, INC.
<SUBSIDIARY>
   <NUMBER> 016
   <NAME> ENTERGY MISSISSIPPI, INC.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                    1,069,006 
<OTHER-PROPERTY-AND-INVEST>                     12,600
<TOTAL-CURRENT-ASSETS>                         128,512 
<TOTAL-DEFERRED-CHARGES>                       140,146
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                               1,350,264
<COMMON>                                       199,326
<CAPITAL-SURPLUS-PAID-IN>                          (59)
<RETAINED-EARNINGS>                            222,449
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 421,716
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     50,381
<LONG-TERM-DEBT-NET>                           463,616
<SHORT-TERM-NOTES>                                 445
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                       20
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 414,086
<TOT-CAPITALIZATION-AND-LIAB>                1,350,264
<GROSS-OPERATING-REVENUE>                      976,300
<INCOME-TAX-EXPENSE>                            28,031
<OTHER-OPERATING-EXPENSES>                     850,715
<TOTAL-OPERATING-EXPENSES>                     850,715
<OPERATING-INCOME-LOSS>                        125,585
<OTHER-INCOME-NET>                               5,079
<INCOME-BEFORE-INTEREST-EXPEN>                 130,664
<TOTAL-INTEREST-EXPENSE>                        39,995
<NET-INCOME>                                    62,638
<PREFERRED-STOCK-DIVIDENDS>                      3,370
<EARNINGS-AVAILABLE-FOR-COMM>                   59,268
<COMMON-STOCK-DIVIDENDS>                        66,000
<TOTAL-INTEREST-ON-BONDS>                       39,291
<CASH-FLOW-OPERATIONS>                         171,745
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        


</TABLE>
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-11198

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MIGUEL ANGEL ZAPATA-CORONADO,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:14-CR-229-1

Before JOLLY, GRAVES, and COSTA, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Miguel Angel 

Zapata-Coronado has moved for leave to withdraw and has filed a brief in 

accordance with Anders v. California, 386 U.S. 738 (1967), and United States 

v. Flores, 632 F.3d 229 (5th Cir. 2011). Zapata-Coronado has not filed a 

response. We have reviewed counsel’s brief and the relevant portions of the 

record reflected therein. We concur with counsel’s assessment that the appeal 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

August 18, 2015

Lyle W. Cayce

Clerk

 Case: 14-11198 Document: 00513158870 Page: 1 Date Filed: 08/18/2015
No. 14-11198

2

presents no nonfrivolous issue for appellate review. Accordingly, counsel’s 

motion for leave to withdraw is GRANTED, counsel is excused from further 

responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 14-11198 Document: 00513158870 Page: 2 Date Filed: 08/18/2015
#### The People of the State of New York, Appellant, v Gregory Martin, Respondent.

[975 NYS2d 878]

Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered on or about September 21, 2012, which granted defendant’s motion to suppress physical evidence and statements, unanimously affirmed.

There is no basis for disturbing the credibility determinations *454upon which the court granted suppression. “[T]he determination of the hearing court, which actually saw and heard the witnesses testify, is entitled to deference, and it is not our practice to substitute our own fact-findings for those under review unless the latter are plainly unjustified or clearly erroneous” *(People v Greene,*84 AD3d 540, 541 [1st Dept 2011] [internal quotation marks omitted]). Concur — Mazzarelli, J.E, Sweeny, BeGrasse, Freedman and Gische, JJ.
EXHIBIT 32.1

                                  CERTIFICATION
            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)

         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),  the
undersigned  officer  of ASI  Technology  Corporation  (the  "Company"),  in his
capacity and as of the date set forth below, does hereby certify with respect to
the  Annual  Report of the  Company on Form  10-KSB  for the  fiscal  year ended
December  31, 2004 as filed with the  Securities  and Exchange  Commission  (the
"10-KSB Report") that to his knowledge:

         (1) the 10-KSB 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 10-KSB Report fairly presents, in
all material respects,  the financial condition and results of operations of the
Company.

Dated:  March 30, 2005

                                                /s/ JERRY E. POLIS
                                       -----------------------------------------
                                       Jerry E. Polis,  President  and
                                       Principal Executive Officer
                                       of ASI Technology Corporation
**Exhibit 31.1****CERTIFICATION**I, Michael D. Dale, certify that:1. I have reviewed this quarterly report on Form 10-Q of ATS Medical, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of material fact oromit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules13a-15(f) and 15d- 15(f)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;  b) Designed such internal control over financial reporting, or caused such internalcontrol over financial reporting to be designed under our supervision, to providereasonable assurance regarding the reliability of financial reporting and the preparationof financial statements for external purposes in accordance with generally acceptedaccounting principles;  c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based on suchevaluation; and  d) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors; a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe 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 whohave a significant role in the registrant’s internal control over financial reporting.     Date: November 8, 2007         /s/ Michael D. Dale   Name: Michael D. Dale  Title: Chief Executive Officer
Exhibit 12.1
 PINNACLE WEST CAPITAL CORPORATION
COMPUTATION OF EARNINGS TO FIXED CHARGES
(dollars in thousands)
 Twelve Months Ended December 31,2009
    
    
    2008
    
    
    2007
    
    
    2006
    
    
    2005Earnings:Income from continuing
operations attributable to common shareholders
    
    $
    82,006
    
    
    $
    231,304
    
    
    $
    300,436
    
    
    $
    308,972
    
    
    $
    223,933Income taxes
    
    
    37,827
    
    
    
    76,897
    
    
    
    152,006
    
    
    
    151,122
    
    
    
    127,361Fixed charges
    
    
    256,987
    
    
    
    241,370
    
    
    
    235,011
    
    
    
    224,681
    
    
    
    213,967Total earnings
    
    $
    376,820
    
    
    $
    549,571
    
    
    $
    687,453
    
    
    $
    684,775
    
    
    $
    565,261Fixed Charges:Interest expense
    
    $
    233,859
    
    
    $
    215,684
    
    
    $
    207,827
    
    
    $
    196,388
    
    
    $
    184,624Estimated interest
portion
of annual rents
    
    
    23,128
    
    
    
    25,686
    
    
    
    27,184
    
    
    
    28,293
    
    
    
    29,343Total fixed charges
    
    $
    256,987
    
    
    $
    241,370
    
    
    $
    235,011
    
    
    $
    224,681
    
    
    $
    213,967Ratio of Earnings to Fixed
Charges (rounded down)
    
    
    1.46
    
    
    
    2.27
    
    
    
    2.92
    
    
    
    3.04
    
    
    
    2.64
#### CUSIMANO v. FALCIGLIA.

District Court, S. D. New York.

Jan. 21, 1947.

Katz & Wolchok, of New York City, for plaintiff.

Hershkowitz & Kaufman, of New York City, for defendant.

RIFKIND, District Judge.

Plaintiff’s motion to dismiss a counterclaim for money loaned, interposed in an action for overtime compensation under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., is granted for want of jurisdiction.

Whatever reasoning may support federal jurisdiction of such a permissive counterclaim in the absence of diversity of citizenship and jurisdictional amount, 1 Moore’s Federal Practice 696; Shulman and Jae-german, Some Jurisdictional Limitations on Federal Procedure, 1936, 45 Yale Law Journal 393, 414; Marks v. Spitz, D.C. Mass. 1945, 4 F.R.D. 348, 350, this court is bound by Lesnik v. Public Industrials Corp., 2 Cir., 1944, 144 F.2d 968, 976, note 10; Libbey-Owens-Ford Glass Co. v. Sylvania Industrial, 2 Cir., 1946, 154 F.2d 814, 816, certiorari denied *66*S.Ct, 1353. The Eighth Circuit is in accord; Kantar v. Garchell, 1945, 150 F.2d 47, 49.

The counterclaim is dismissed for lack of jurisdiction.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 20-6551

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

v.

EDGAR NELSON PITTS, a/k/a Marlon Smith,

 Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at 

Lynchburg. Elizabeth Kay Dillon, District Judge. (6:94-cr-70068-EKD-2)

Submitted: October 29, 2020 Decided: November 17, 2020

Before WILKINSON, AGEE, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Edgar Nelson Pitts, Appellant Pro Se. Laura Day Rottenborn, OFFICE OF THE UNITED 

STATES ATTORNEY, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Edgar Nelson Pitts appeals from the district court’s order granting his motion for a 

sentence reduction under Section 404 of the First Step Act of 2018, Pub. L. No. 115-391, 

132 Stat. 5194.

*

 We have reviewed the record and find no reversible error. Accordingly, 

we affirm for the reasons stated by the district court. United States v. Pitts, No. 

6:94-cr-70068-EKD-2 (W.D. Va. Apr. 6, 2020). We dispense with oral argument because 

the facts and legal contentions are adequately presented in the materials before this court 

and argument would not aid the decisional process.

AFFIRMED

* Although the district court granted Pitts’ motion, the reduction granted by the court 

did not reduce his sentence to the full extent he requested.
Document Headings

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                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration

          - [TA-W-65,876]

Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on May 4, 2009 in response to a petition filed by a company official on behalf of workers of Magneti Marelli Powertrain USA, LLC, Sanford, North Carolina.

The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated.

Signed at Washington, DC, this 11th day of May 2009.

Richard Church,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-13915 Filed 6-12-09; 8:45 am]

BILLING CODE 4510-FN-P