alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## Court of Appeals Sixth Appellate District of Texas

J U D G M E N T

Lamarlon Tremone Thompson, Appellant

No. 06

- 18

- 00066

- CR v.
The State of Texas, Appellee Appeal from the 4th District Court of Rusk County, Texas (Tr. Ct. No. CR16

- 309 ). Opinion delivered by Chief Justice Morriss, Justice Moseley and Justice Burgess participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court

below

. We affirm the judgment of the trial co urt

. We note that the appellant, Lamarlon Tremone Thompson, has adequately indicated his inability to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED OCTOBER 5, 2018 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk
#### The Helen Hasbrouck.1 Soper *v.*Pareis. Pareis *v.*The Helen Hasbrouck.

*(District Court, E. D. New York.*

July 23, 1886.)

Collision—Schooner and Tug—Overtaking Vessel—Liability.

Where a collision occurred in the North river between a schooner and a tug, whereby tbe latter was run down by the sailing vessel, it was held, on the evidence, that the schooner was the overtaking vessel, should therefore' have avoided the tug, and was in fault for the collision.

In Admiralty.

*Owen & Gray,*for Soper and the Helen Hasbrouck.

*Alexander & Ash,*for Pareis.

1

 Reported by R. D. & Wyllys Benedict, Esqs., of the New York bar.

Benedict, J.

The course of the schooner is proved to have been directly up the North river, or one point to the eastward of the course of the river. The difference of one point would not be important. The case turns upon the course of the tug; for if the course of the tug was the same as that of the schooner, or within one point of the course of the schooner, the schooner, which broke ground below the tug, was the following vessel, and bound to avoid the tug. If, on the other hand, the tug’s course was crossing that of the schooner, the obligation to avoid the schooner rested upon the tug, and she was in fault for not having done so. Upon this questiou my opinion is with the tug. The testimony from the schooner as to the course of the tug is too strong, for they make the tug heading towards Central Berry, Jersey City. Bound, as the tug was, for Sixty-eighth street, in New York, it seems to me incredible that she should have been sailing towards Central Berry, Jersey City. Her natural course would be the course given by those in charge of her, viz., up the river. Upon that course it is evident that, with a proper lookout, which she says she had, the approach of the schooner from astern might not have been observed. Upon that course she might have been struck as she was struck. Upon the course given her by those oñ the schooner, such a blow as the schooner delivered her, the schooner bringing up on the tug’s fantail, and her martingale jamming the pilot-house door, does not appear to me possible.

The evidence from the respective vessels cannot be reconciled. The testimony of some of the witnesses must therefore be disregarded. The probabilities of the case, the distance of the tug, and the blow that was delivered, lead me to disregard the testimony from the schooner that the tug was seen by them upon a course for Central *464Ferry, and to adopt the testimony of those witnesses who say that the tug was going up the river, and was run over by the schooner overtaking her from below. The libelant, John J. Paréis, must therefore recover for the loss of his tug, and the libel of Soper for the injury to the schooner must be dismissed.
Exhibit 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       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 yearly report of China Pharma  Holdings,  Inc. (the
"Company") on Form 10-KSB/A for the period ended December 31, 2007 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Zhilin Li,  Chief  Executive  Officer of the  Company,  certify,  pursuant to 18
U.S.C.  Sec.1350 as adopted  pursuant 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 and 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.

     A signed  original of this  written  statement  required by Section 906 has
been  provided  to China  Pharma  Holdings,  Inc.  and will be retained by China
Pharma Holdings, Inc. and furnished to the Securities and Exchange Commission or
its staff upon request.


                                                    Date: March 11, 2009

                                                    By:  /s/ Zhilin Li
                                                         -------------
                                                         Zhilin Li
                                                         Chief Executive Officer
6 5

Table 24. Contribution of wives' earnings to family 

income, 1970-2003

1970.....................................

1971.....................................

1972....................................

1973.....................................

1974.....................................

1975.....................................

1976.....................................

1977.....................................

1978....................................

1979....................................

1980.....................................

1981....................................

1982....................................

1983.....................................

1984.....................................

1985.....................................

1986....................................

1987....................................

1988....................................

1989.....................................

1990.....................................

1991.....................................

1992.....................................

1993.....................................

1994.....................................

1995.....................................

1996.....................................

1997.....................................

1998.....................................

1999.....................................

2000.....................................

2001.....................................

2002..................................... 34.8

2003..................................... 35.2

Year Contribution to family income 

(median percent)

26.0

25.4

26.6

27.5

26.7

26.3

26.4

27.3

28.4

26.1

26.0

26.7

26.1

28.8

28.4

28.3

29.0

29.5

29.6

29.9

30.7

31.3

32.4

32.2

32.8

34.4

32.8

33.5

31.9

31.9

32.6

32.7
EXHIBIT
32.2
  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 Quarterly Report of Piedmont Mining Company, Inc. (the
“Company”) on Form 10-QSB for the period ended June 30, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), the
undersigned, in the capacities and on the date indicated below, hereby certifies
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to his 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 operation of the Company.
  Date:  August
      14, 2008By: Robert M. Shields,
      Jr.Name:  Robert
      M. Shields, Jr.Title:  Chief
      Financial Officer
 
 A signed
original of this written statement required by Section 906, or other document
authentications, 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 Piedmont Mining Company, Inc. and will be
retained by Piedmont Mining Company, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.
```
**EXHIBIT 32.1

                            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 Annual Report of Hydroflo, Inc. (the "Company") on
Form 10-K for the period ending June 30, 2005, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Dennis Mast, 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, to
the best of my knowledge and belief:

        (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 the
            operation of the Company.

/s/ Dennis Mast
Dennis Mast
Chief Executive Officer
October 13, 2005
```
(March 14, 2008)

#### In the Matter of Frank Occhipinti, Respondent, v Westchester County Board of Elections, Respondent, and Mario DiFelice et al., Appellants.

[856 NYS2d 147]

*675The petitioner, who is the Chairperson of the Democratic Party in the Village of Sleepy Hollow, filed specific objections to a certificate of nomination dated January 27, 2008, signed by the respondent Kathleen Doorley, and purporting to nominate Mario DiFelice, Sandra Morales, and Andrew Murray as candidates of the Independence Party for the public office of Village Trustee of the Village of Sleepy Hollow. The petitioner thereafter commenced this proceeding to invalidate the nominations. Doorley, DiFelice, Morales, and Murray (hereinafter the appellants) moved to dismiss the petition pursuant to CPLR 3211 (a) (3) on the ground that the petitioner lacked standing to commence this proceeding challenging the certificate of nomination. The Supreme Court denied the appellants’ motion. We affirm.

As an objecting nonparty voter, the petitioner had standing to commence this proceeding to challenge an alleged failure to comply with the statutory requirements governing the nomination of candidates by party caucus, set forth in Election Law § 15-108 (2) (a), (c) (see Election Law § 15-108 [2] [a], [c], [d]; § 16-102 [1]; *Scoville v Cicoria,*65 NY2d 972, 974 [1985]; *Matter of McHoul v Sellick,*153 AD2d 721 [1989]; *cf. Matter of Powers v New York State Bd. of Elections,*122 AD2d 970, 972 [1986]; *Matter of Martin v Tutunjian,*89 AD2d 1034 [1982]).

Contrary to the appellants’ contention, because this proceed*676ing concerns a caucus, rather than a primary election, the petitioner was not deprived of standing based upon his status as the Chairperson of the Democratic Party in the Village of Sleepy Hollow, under Election Law § 16-102 (1) *(cf. Matter of Levine v Turco,*43 AD3d 618, 619 [2007]; *Matter of D’Alvia v DiGiacomo,*175 AD2d 891, 892 [1991]; *Matter of Davis v Dutchess County Bd. of Elections,*153 AD2d 716, 717 [1989]).

In light of the foregoing, we need not reach the parties’ remaining contentions. Lifson, J.P., Florio, Eng and Chambers, JJ., concur.
Case 2:11-cv-01624-JLL-MAH   Document 54   Filed 06/29/12   Page 1 of 19 PageID: 1375

Case 2:11-cv-01624-JLL-MAH   Document 54   Filed 06/29/12   Page 2 of 19 PageID: 1376

Case 2:11-cv-01624-JLL-MAH   Document 54   Filed 06/29/12   Page 3 of 19 PageID: 1377

Case 2:11-cv-01624-JLL-MAH   Document 54   Filed 06/29/12   Page 4 of 19 PageID: 1378

Case 2:11-cv-01624-JLL-MAH   Document 54   Filed 06/29/12   Page 5 of 19 PageID: 1379

Case 2:11-cv-01624-JLL-MAH   Document 54   Filed 06/29/12   Page 6 of 19 PageID: 1380

Case 2:11-cv-01624-JLL-MAH   Document 54   Filed 06/29/12   Page 7 of 19 PageID: 1381

Case 2:11-cv-01624-JLL-MAH   Document 54   Filed 06/29/12   Page 8 of 19 PageID: 1382

Case 2:11-cv-01624-JLL-MAH   Document 54   Filed 06/29/12   Page 9 of 19 PageID: 1383

Case 2:11-cv-01624-JLL-MAH   Document 54   Filed 06/29/12   Page 10 of 19 PageID: 1384

Case 2:11-cv-01624-JLL-MAH   Document 54   Filed 06/29/12   Page 11 of 19 PageID: 1385

Case 2:11-cv-01624-JLL-MAH   Document 54   Filed 06/29/12   Page 12 of 19 PageID: 1386

Case 2:11-cv-01624-JLL-MAH   Document 54   Filed 06/29/12   Page 13 of 19 PageID: 1387

Case 2:11-cv-01624-JLL-MAH   Document 54   Filed 06/29/12   Page 14 of 19 PageID: 1388

Case 2:11-cv-01624-JLL-MAH   Document 54   Filed 06/29/12   Page 15 of 19 PageID: 1389

Case 2:11-cv-01624-JLL-MAH   Document 54   Filed 06/29/12   Page 16 of 19 PageID: 1390

Case 2:11-cv-01624-JLL-MAH   Document 54   Filed 06/29/12   Page 17 of 19 PageID: 1391

Case 2:11-cv-01624-JLL-MAH   Document 54   Filed 06/29/12   Page 18 of 19 PageID: 1392

Case 2:11-cv-01624-JLL-MAH   Document 54   Filed 06/29/12   Page 19 of 19 PageID: 1393
**EXHIBIT32.1**

 

Alpha Pro Tech, Ltd

CERTIFICATION PURSUANT TO

18 U.S.C.SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906OF THE SARBANES-OXLEY ACTS OF 2002

 

In connection with thequarterly report of Alpha Pro Tech, Ltd on Form 10-Q/A for the quarterending March 31, 2008 as filed with the Securities and Exchange Commissionon the date hereof (the “Report”), I, Sheldon Hoffman Chief Executive Officerof the Company, certify, pursuant to 10 U.S.C. ss. 1350, as adopted pursuant toss.906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)The Report fullycomplies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934: and

 

(2) The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 

| DATE:  | **  January 16,  2009** |   | BY:                                   | /s/ Sheldon Hoffman |
|--------|----------------------------------------|--------|---------------------------------------|---------------------|
|   |                                   |   | Sheldon Hoffman                       |
|   |                                   |   | Chief Executive Officer  and Director |

 

----
Exhibit 23.1

Consent of Independent Registered Public Accounting Firm

We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (No. 333-151249,
No. 333-147607, No. 333-143376, No. 333-135403, No. 333-125511, No. 333-117651,
No. 333-106503 and No. 333-42996) of OmniVision Technologies, Inc. of our report dated June 30, 2008 relating to the consolidated financial
statements, financial statement schedule and the effectiveness of internal control over financial reporting, which appears in this Form 10-K.

/s/ PRICEWATERHOUSECOOPERS LLP

San
Jose, California
June 30, 2008

---



QuickLinks
**EXHIBIT 23.2**

 

The following consent of Arthur Andersen LLP (“Andersen”) is a copy of the original consent dated May 14, 2002,included in the Form 10-K for March 31, 2002. The SEC has provided regulatory relief designed to allow public companies to dispense with the requirements to file a reissued report and consent of Andersen in certain circumstances. After reasonableefforts, we have not been able to obtain a reissued report of consent from Andersen. 

 

**CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS**

 

As independent public accountants, we hereby consent to the incorporation of our reports included (or incorporated by reference) in this Form 10-K into the company’s previously filed Registration Statements (FileNos. 33-16539, 33-37173, 33-43155, 33-85270, 33-94438, 333-00855, 333-11385, 333-11387, 333-11389, 333-25953, 333-48533, 333-48535, 333-46867, 333-62673, 333-45053, 333-66857, 333-73007, 333-76233, 333-80281 and 333-85135) on Form S-8. 

 

/s/ ARTHUR ANDERSEN LLP 

 

San Jose, California 

May 14, 2002
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5170 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 5170

To require the Secretary of Transportation, in computing the estimated 
  tax payments attributed to highway users for purposes of title 23, 
  United States Code, to take into account any law that replaces the 
       reduced rates of tax on gasohol with an excise tax credit.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2004

Mr. Kennedy of Minnesota (for himself, Mr. LaTourette, Mr. Boehner, Mr. 
 Ramstad, Mr. Gillmor, Mr. Chabot, Ms. Kaptur, Mr. Regula, Mr. Oxley, 
 Mrs. Jones of Ohio, Ms. Pryce of Ohio, Mr. Gutknecht, Mr. Tiberi, Mr. 
Johnson of Illinois, Mr. Portman, Mr. Turner of Ohio, Mr. McInnis, Mr. 
 Strickland, Mr. Ryan of Ohio, Mr. Brown of Ohio, Mr. Kline, Mr. Ney, 
 Mr. Shimkus, and Mr. LaHood) introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
To require the Secretary of Transportation, in computing the estimated 
  tax payments attributed to highway users for purposes of title 23, 
  United States Code, to take into account any law that replaces the 
       reduced rates of tax on gasohol with an excise tax credit.

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

SECTION 1. COMPUTATION OF CERTAIN ESTIMATED TAX PAYMENTS.

    If any amendment to, or repeal of, section 4041(k) or 4081(c) or 
subparagraph (E) or (F) of section 9503(b)(4) of the Internal Revenue 
Code of 1986 (as in effect on the day before the date of the enactment 
of this Act) results in an increase in the portion of the tax imposed 
by section 4041 or 4081 of such Code which is taken into account in 
determining the amount appropriated to the Highway Trust Fund and the 
Secretary of Transportation takes into account any fiscal year 
beginning before the effective date of such amendment or repeal in 
computing the apportionment of funds pursuant to sections 104 and 105 
of title 23, United States Code, for any fiscal year beginning on or 
after such date, the Secretary shall determine such apportionment by 
using the amount of estimated tax receipts that the Secretary estimates 
would have resulted had such amendment or repeal taken effect at the 
beginning of the fiscal year which is so taken into account.
                                 <all>
```
Exhibit
32.2



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



In
connection with the Annual Report of Chanticleer Holdings, Inc. (the “Company”) on Form 10-K/A for the year ended
December 31, 2018 (the “Report”), I, Patrick Harkleroad, 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:



| | (i)  | the
    Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and                                   
| | ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                             
| | (ii) | the
    information contained in the Report fairly presents, in all material respects, the financial condition and results of operations
    of the Company.



| | /s/
    Patrick Harkleroad 
| | ---------------------------
| | Patrick
    Harkleroad     
| | Chief
    Financial Officer
| | April
    30, 2019
Case 2:11-cv-04211-DMC -MF Document 98 Filed 12/21/11 Page 1 of 7 PageID: 3962
Case 2:11-cv-04211-DMC -MF Document 98 Filed 12/21/11 Page 2 of 7 PageID: 3963
Case 2:11-cv-04211-DMC -MF Document 98 Filed 12/21/11 Page 3 of 7 PageID: 3964
Case 2:11-cv-04211-DMC -MF Document 98 Filed 12/21/11 Page 4 of 7 PageID: 3965
Case 2:11-cv-04211-DMC -MF Document 98 Filed 12/21/11 Page 5 of 7 PageID: 3966
Case 2:11-cv-04211-DMC -MF Document 98 Filed 12/21/11 Page 6 of 7 PageID: 3967
Case 2:11-cv-04211-DMC -MF Document 98 Filed 12/21/11 Page 7 of 7 PageID: 3968
EX-10.5



 EXHIBIT 10.5 

 
 



 
  

							
	To	  	Marcia J. Mason	  	Date	  	August 1, 2012
				
	From	  	Brad Lawrence	  	Subject	  	Promotion

 Congratulations Marcia. We are pleased to confirm that the Board voted unanimously
to promote you to a new executive officer position, effective August 1st, as follows: 
  

	 	1.	Your new title will be General Counsel & VP Administration. You will continue to report to me. See the enclosed organization chart. 


 

	 	2.	Your base salary will increase by $35,000.00 to bring your annual salary from $310,000.00 to $345,000.00, an 11.3% change. 


 

	 	3.	 Your Annual Incentive Compensation target will increase from $124,000 (40% of base salary) to $155,250 (45% of base salary), representing a 15.3%
change in your total annual cash compensation. This will be pro-rated for FY12 from the effective date of
August 1st. 



 

	 	4.	Your long-term incentive compensation total target will increase from $310,000 (100% of base) to $379,500 (110% of base). Accordingly, your LTIP cash plan appointment
for FY12-FY14 cycle will increase to a target of 44%, or $151,800. Please see the revised appointment enclosed with this memo. Targets and allocation for the FY13-FY15 cycle will be determined in the normal course in December, based on the outcomes
of a current executive incentive compensation project. 

  

	 	5.	 You will also receive an exceptional promotion grant of 20,000 options at the closing price on August 1st as reported on the next day in the Wall Street Journal.



  

	 	6.	You will continue to receive the fringe benefits under the standard executive officer program. 


Marcia, based on your strong contributions to Esterline in the past, I know you will be successful in this new role, and we look forward
to your future achievements. We also hope your new position will be satisfying and rewarding to you and your family. 
  

   



 
  

			
	Enclosures:	  	 Organization chart
 Revised
LTIP appointment, FY12-FY14
 Option grant

 

	cc:	  	 Suzanne Farraj (for personnel file)
 Alexa Juarez
 Gary Posner
 Peggy Haberly
 Debbie Rynhoud (for option grant)
<PAGE>
                                                                    Exhibit 23.1
                         CONSENT OF INDEPENDENT AUDITORS

The Board of Directors and Shareholders
Click Commerce, Inc.:

     We consent to incorporation by reference in the registration statements on
Form S-8 (Nos. 333-54432, 333-62462, 333-70084) of Click Commerce, Inc. of our
reports dated January 29, 2002, with respect to the consolidated balance sheets
of Click Commerce, Inc. as of December 31, 2001 and 2000, and the related
consolidated statements of operations and comprehensive income (loss),
shareholders' equity (deficit) and cash flows, and the related consolidated
financial statement schedule for each of the years in the three-year period
ended December 31, 2001, which reports appear in the annual report on Form 10-K
of Click Commerce, Inc. for the year ended December 31, 2001.

                                                     /S/ KPMG LLP

Chicago, Illinois
March 29, 2002