alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Jerome Birth, Appellant.

[853 NYS2d 317]

The verdict was based on legally sufficient evidence. The People proved the operability, within the meaning of the statute, of the gravity knife at issue *(see*Penal Law § 265.00 [5]; § 265.01 [1]; § 265.02 [1]). An officer who tested the knife after defendant’s arrest described the manner in which the knife operated, which conformed to the statutory definition of a gravity knife. The officer similarly demonstrated the operability of the weapon in open court. The People had no obligation to prove that the knife would also function as a gravity knife if the officer repeated the test while sitting down and using his weaker hand, as suggested by defense counsel at trial *(see People v Smith,*309 AD2d 608 [2003], *lv denied*1 NY3d 580 [2003]). Defendant’s other arguments on this issue are without merit.

The court correctly instructed the jury on the elements of the crime with which defendant was charged *(see People v Berrier,*223 AD2d 456 [1996], *lv denied*88 NY2d 876 [1996]).

We have considered and rejected defendant’s constitutional arguments regarding both the legal sufficiency and jury charge issues. Concur—Mazzarelli, J.P., Saxe, Gonzalez and Acosta, JJ.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE AUDITED
FINANCIAL STATEMENTS AS OF SEPTEMBER 30, 1995 AND 1996 AND FOR EACH OF THE YEARS
IN THE TWO-YEAR PERIOD ENDED SEPTEMBER 30, 1996. AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                       3,065,572
<SECURITIES>                                         0
<RECEIVABLES>                                  510,184
<ALLOWANCES>                                 (204,711)
<INVENTORY>                                  1,457,135
<CURRENT-ASSETS>                             4,887,240
<PP&E>                                         616,192
<DEPRECIATION>                               (483,827)
<TOTAL-ASSETS>                               6,060,459
<CURRENT-LIABILITIES>                          502,399
<BONDS>                                          2,551
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  3,076,335
<COMMON>                                         2,571
<OTHER-SE>                                     801,603
<TOTAL-LIABILITY-AND-EQUITY>                 6,060,459
<SALES>                                        908,700
<TOTAL-REVENUES>                               908,700
<CGS>                                          367,779
<TOTAL-COSTS>                                4,200,802
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                               204,711
<INTEREST-EXPENSE>                             183,795
<INCOME-PRETAX>                            (3,274,629)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (3,274,629)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (3,274,629)
<EPS-PRIMARY>                                   (0.15)
<EPS-DILUTED>                                        0<F1>
<FN>
<F1>Omitted because of antidilutive effect of net loss.
</FN>
        

</TABLE>
*Wednesday, April 23, 1997*

MERIT DOCKET

97-362.

#### State ex rel. Rollins v. Ohio Adult Parole Auth.

In Mandamus. On motion to dismiss. Motion to dismiss sustained. Cause dismissed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
---

EXHIBIT 32.1





CERTIFICATION PURSUANT TO


18 U.S.C. §1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Annual Report of Natural Resources USA Corporation (the “Company”) on Form 10-K/A for the period ended June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Bill H. Gunn, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





/s/ Bill H. Gunn


Bill H. Gunn


Chief Executive Officer


Principal Executive Officer





January 26, 2011





A signed original of this written statement required by Section 906 has been provided to Natural Resources USA Corporation and will be retained by Natural Resources USA Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002







In connection with the amended quarterly report of Pet Express Supply, Inc. (the "Company") on Form 10-QSB/A
for the quarter ended September 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Renea Yamada, acting in the capacity as the Chief Executive Officer of the Company, and I, Diane Egger, acting in the capacity as the Chief Financial Officer of the Company, certify to the best of our knowledge, 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; and



(2)

The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.





/s/ Renea Yamada

Renea Yamada

Chief Executive Officer

July
9, 2007





/s/ Diane Egger

Diane Egger

Chief Financial Officer

July
9, 2007
**Exhibit 32.1**

**CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER**

**PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF**

**THE SARBANES-OXLEY ACT OF 2002**

I, David Gelbaum, certify, pursuantto 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the report of Entech Solar, Inc. on Form 10-K for the annual period ended December 31, 2010 fully complies with therequirements of Section 13(a) and 15(d) of the Securities and 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 operationof Entech Solar, Inc. 

Dated:March 24, 2011 

This certification accompanies this Report on Form 10-K pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Such certificationwill not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
@article{11271,
  author = {Yuqin Zong and Steven Brown and Bettye Johnson and Keith Lykke and Yoshihiro Ohno},
  title = {Simple Spectral Stray Light Correction Method for Array Spectroradiometers},
  year = {2006},
  month = {2006-02-20},
  publisher = {Applied Optics},
  url = {https://tsapps.nist.gov/publication/get_pdf.cfm?pub_id=840968},
  language = {en},
}
Exhibit
32.2





CERTIFICATION
PURSUANT TO SECTION 906


OF
THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)





In
connection with the Quarterly Report of BreitBurn Energy Partners L.P (the
“Partnership”) on Form 10-Q for the period ended March 31, 2010, as filed with
the Securities and Exchange Commission on the date hereof (the “Report”), I,
James G. Jackson, Chief Financial Officer of BreitBurn GP, LLC, the general
partner of the Partnership, hereby certify, pursuant to 18 U.S.C. Section 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
Partnership.





/s/ James G. JacksonJames
      G. JacksonChief
      Financial Officer of BreitBurn GP, LLCDated:  May
      10, 2010
EX-10.4.4



 Exhibit 10.4.4 
 NON-EMPLOYEE DIRECTOR EQUITY AWARD PROGRAM 
 UNDER 

THE EMERITUS CORPORATION AMENDED AND RESTATED 2006 EQUITY 
 INCENTIVE PLAN 
 RESTRICTED STOCK AWARD NOTICE 

Emeritus Corporation (the “Company”) hereby grants to you a Restricted Stock Award
(the “Award”) for shares of the Company’s Common Stock under the Company’s Non-Employee Director Equity Award Program (the “Program”), which is administered under the terms of the
Company’s Amended and Restated 2006 Equity Incentive Plan (the “Plan”). The Award is subject to all the terms and conditions set forth in this Restricted Stock Award Notice (the “Award Notice”)
and in the Restricted Stock Award Agreement, the Program and the Plan, which are incorporated into this Award Notice in their entirety. 
  

			
	Participant:	  	
		
	Grant Date:	  	
		
	Number of Restricted Shares Subject to the Award (the “Shares”):	  	
		
	Fair Market Value Per Share on Grant Date (Informational, for tax purposes):	  	
		
	Purchase Price (per Share):	  	
		
	Vesting Schedule:	  	The Award will become vested and no longer subject to forfeiture on the business day immediately prior to the first annual meeting of shareholders that occurs after the Grant Date
(the “Vest Date”), subject to your continued service as a director through the Vest Date.

 Additional Terms/Acknowledgement: You acknowledge receipt of, and understand and agree to, the Award Notice and
the attached Restricted Stock Award Agreement. You further acknowledge that as of the Grant Date, the Award Notice, the Restricted Stock Award Agreement, the Program and the Plan set forth the entire understanding between you and the Company
regarding the Award and supersede all prior oral and written agreements on the subject.  
  

									
	EMERITUS CORPORATION	 		 	PARTICIPANT
			
	  
	 		 	  

					
	By:	 	Granger Cobb	 		 	Taxpayer ID:	 	  

					
	Title:	 	President and Chief Executive Officer	 		 	Address:	 	  

		 		 		 	  

					
		 		 		 		 	  


 Attachment: 
 1. Restricted Stock Award Agreement
@article{1215536,
  author = {ChunJun Cao and Michael Gullans and Brad Lackey and Zitao Wang},
  title = {Quantum Lego Expansion Pack: Enumerators from Tensor Networks},
  year = {2023},
  month = {2023-08-09 00:08:00},
  publisher = {Physical Review X},
  language = {en},
}
**CERTIFICATION PURSUANT TO18 U.S.C. Section 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
In connection with the Quarterly Report of Summit Exploration Inc. (the "Company") on Form 10-QSB/A for the period ended August 31, 2006 as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Alan Hart, Chief Executive 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; and

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

Dated this 20th day of February, 2007.

BY:
/s/ ALAN HART                        Alan  Hart, Principal Executive Officer **
NOTE: This disposition is nonprecedential. 

United States Court of Appeals 

for the Federal Circuit ______________________ 

RICHARD T. BOWEN,

Petitioner, 

v. 

DEPARTMENT OF THE NAVY, 

Respondent. 

____________________ 

2010-3065 

______________________

 

 Appeal from the Merit Systems Protection Board in 

No. SF0752090040-I-2. 

______________________ 

JUDGMENT 

______________________ 

ALI M. SACHANI, Attorney at Law, Chatsworth, 

California, argued for petitioner. 

ALLISON KIDD-MILLER, Senior Trial Counsel, 

Commercial Litigation Branch, Civil Division, United 

States Department of Justice, of Washington, DC, argued 

for respondent. With her on the brief were TONY WEST, 

Assistant Attorney General, JEANNE E. DAVIDSON, 

Director, and REGINALD T. BLADES, JR., Assistant 

Director. Of counsel on the brief was BRENDA 

VOSGUANIAN, United States Department of the Navy, of 

Port Hueneme, California. 

______________________ 

THIS CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED: 
 PER CURIAM (LOURIE, LINN, and MOORE, Circuit 

Judges). 

AFFIRMED. See Fed. Cir. R. 36. 

 ENTERED BY ORDER OF THE COURT

November 8, 2010 _/s/ Jan Horbaly______________ 

 Date Jan Horbaly 

 Clerk
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 17

- 10383 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

–

Appellee,

v.
JEFFREY DAVID MITCHELL , Defendant

– Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15

- CR

- 258

- 1

Before SOUTHWICK, WILLETT, and ENGELHARDT, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jeffrey David Mitchell 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)

. Mitchell has filed a response

. We have reviewed counsel’s brief and the relevant portions of the record reflected therein , as well

as Mitchell ’ s response

. We concur with counsel’s assessment that the appeal

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED June 20 , 2018
L yle W. Cayce Clerk Case: 17-10383 Document: 00514519658 Page: 1 Date Filed: 06/20/2018No. 17

- 10383

2 presents no nonfrivolous issue for appellate review

. Accordingly, c ounsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED

. See 5 TH C IR

. R. 42.2. Case: 17-10383 Document: 00514519658 Page: 2 Date Filed: 06/20/2018
Exhibit 31.2

CERTIFICATION

I, Frederick D. Furry,
certify that:



|1. | I have reviewed this report on Form 10-K/A of Biolase, Inc.; and
|-- | ----------------------------------------------------------------



|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.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                       
|-----------------------
|/s/ FREDERICK D. FURRY 
|Frederick D. Furry     
|Chief Financial Officer
|April 30, 2014
[Federal Register Volume 74, Number 113 (Monday, June 15, 2009)]
[Notices]
[Pages 28243-28244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14025]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8917-7]


Proposed Administrative Cost Recovery Agreement Pursuant to 
Section 122(h)(1) of the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) for the Haythorne Logistics 
Spill Site, Cheboygan County, MI

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Notice and request for public comment.

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

SUMMARY: In accordance with section 122(i) of CERCLA, 42 U.S.C. 
9622(i), notification is hereby given of a proposed administrative 
settlement agreement regarding partial recovery of costs incurred by 
EPA in implementing a removal action at the site of a truck accident on 
Interstate 75 in Cheboygan County, Michigan. EPA proposes to enter into 
this agreement under the authority of Sections 107 and 122(h) of 
CERCLA, 42 U.S.C. 9607 and 9622(h). The proposed agreement has been 
executed by Haythorne Logistics, a trucking company located in Toledo 
Ohio. Under the proposed agreement, Haythorne Logistics will pay 
$119,000 to reimburse the Superfund for part of the $137,915 in costs 
incurred by EPA in implementing the removal action. For thirty days 
following the date of publication of this notice, EPA will receive 
written comments relating to the proposed agreement. EPA will consider 
all comments received and may decide not to enter into the proposed 
agreement if comments disclose facts or considerations which indicate 
that the agreement is inappropriate, improper or inadequate.

DATES: Comments on the proposed agreement must be received by EPA on or 
before July 15, 2009.

ADDRESSES: Comments should be addressed to the Docket Clerk, U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604-3590, and should refer to: In the Matter of 
Haythorne Logistics, EPA Docket No. V-W-`09-C-924.

FOR FURTHER INFORMATION CONTACT: Reginald A. Pallesen, Associate 
Regional Counsel, by mail at: U.S. Environmental Protection Agency, 
Office of Regional Counsel (C-14J), 77 West Jackson Boulevard, Chicago, 
Illinois 60604-3590, or by phone at: (312) 886-0555. A copy of the 
proposed administrative settlement agreement may be obtained in person 
or by mail from the EPA's Region 5 Office of Regional Counsel, 77 West 
Jackson Boulevard, Chicago, Illinois 60604-3590. Additional background 
information relating to the settlement is available for review at the 
EPA's Region 5 Office of Regional Counsel.

    Authority:  The Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended, 42 U.S.C. 9601-9675.


[[Page 28244]]


    Dated: June 4, 2009.
Douglas E. Ballotti,
Acting Director, Superfund Division, Region 5.
[FR Doc. E9-14025 Filed 6-12-09; 8:45 am]
BILLING CODE 6560-50-P
H. Res. 519 

In the House of Representatives, U. S., 

July 25, 2019. 

Resolved, That upon adoption of this resolution it shall 

be in order to consider in the House the bill (H.R. 3877) to 

amend the Balanced Budget and Emergency Deficit Control 

Act of 1985, to establish a congressional budget for fiscal 

years 2020 and 2021, to temporarily suspend the debt limit, 

and for other purposes. All points of order against consideration of the bill are waived. The bill shall be considered as 

read. All points of order against provisions in the bill are 

waived. The previous question shall be considered as ordered 

on the bill and on any amendment thereto to final passage 

without intervening motion except: (1) one hour of debate 

equally divided and controlled by chair and ranking minority 

member of the Committee on the Budget; and (2) one motion 

to recommit. 

SEC. 2. Upon adoption of this resolution it shall be in 

order to consider in the House the bill (H.R. 549) to designate Venezuela under section 244 of the Immigration and 

Nationality Act to permit nationals of Venezuela to be eligible 
2 

•HRES 519 EH 

for temporary protected status under such section, and for 

other purposes. All points of order against consideration of 

the bill are waived. In lieu of the amendment in the nature 

of a substitute recommended by the Committee on the Judiciary now printed in the bill, an amendment in the nature of 

a substitute consisting of the text of Rules Committee Print 

116–28 shall be considered as adopted. The bill, as amended, 

shall be considered as read. All points of order against provisions in the bill, as amended, are waived. The previous question shall be considered as ordered on the bill, as amended, 

and on any further amendment thereto, to final passage without intervening motion except: (1) 30 minutes of debate 

equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary; and (2) 

one motion to recommit with or without instructions. 

SEC. 3. The requirement of clause 6(a) of rule XIII for 

a two-thirds vote to consider a report from the Committee on 

Rules on the same day it is presented to the House is waived 

with respect to any resolution reported through the legislative 

day of July 26, 2019. 

Attest: 

Clerk.
EX-10.35



 Exhibit 10.35 
 MEMBER ACKNOWLEDGEMENT, CONSENT AND WAIVER 
 This Member Acknowledgement, Consent and
Waiver (“Waiver”) is delivered pursuant to that certain Limited Liability Company Agreement of Three Lions Entertainment, LLC, dated as of March 15, 2013 but entered into as of March 18, 2013 (the “LLC
Agreement”), by and among Richard Beckman, Joel Katz, Simon Worldwide, Inc., and OA3, LLC. All capitalized terms not otherwise defined shall have the meanings given such terms in the LLC Agreement. The undersigned Members of Three Lions
Entertainment, LLC, a Delaware limited liability company (the “Company”), constituting the sole Members of the Company as of the date hereof, together with OA3, LLC, hereby agree and acknowledge as follows: 

 

	 	1.	Each of the undersigned acknowledges and agrees that the LLC Agreement was entered into by the Members on March 18, 2013, that the reference in the LLC Agreement
to March 15, 2013 as the “Effective Date” was a typographical error, and that the “Effective Date” of the LLC Agreement is hereby corrected to be defined for all purposes as March 18, 2013. 


 

	 	2.	Pursuant to Section 4.3.2(b) of the LLC Agreement, the Third Capital Contribution Deadline is defined as the date that is not more than one hundred twenty
(120) days following the Effective Date. Each of the undersigned hereby acknowledges and agrees to a limited waiver and extension of such Third Capital Contribution Deadline until the date that is not more than one sixty five (165) days
following the Effective Date. Except for such extension of the Third Capital Contribution Deadline, the provisions of Section 4.3.2(b) shall remain in full force and effect and no other provisions thereof is waived or modified, or shall be
deemed to be waived or modified, hereby. 

  

	 	3.	This Waiver may be executed by the undersigned on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and
the same instrument. Delivery of an executed signature page of this Waiver by facsimile transmission or other electronic transmission shall be effective as delivery of a manually executed counterpart hereof. 


[signature page follows] 







 IN WITNESS WHEREOF, each of the undersigned has duly executed and delivered this Waiver, and
hereby acknowledges, consents and agrees to the provisions hereof, as of the date set forth below. 
  

			
	Date: July 12, 2013
	
	/s/ RICHARD BECKMAN
	Richard Beckman
	
	/s/ JOEL KATZ
	Joel Katz
	
	SIMON WORLDWIDE, INC.
	
	 /s/ TERRENCE WALLOCK

	By:	 	Terrence Wallock
	Its:	 	Secretary and Acting General Counsel
	
	OA3, LLC
	
	 /s/ ROBERT P. BERMINGHAM

	By:	 	Robert P. Bermingham
	Its:	 	Vice President and Secretary