alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit
32.1








Certification
Pursuant to 18 U.S.C. Section 1350


(Adopted
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002)








In
connection with the Quarterly Report on Form 10-Q of Stratus Properties Inc.
(the “Company”) for the quarter ending March 31, 2008, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), William H.
Armstrong III, as Chairman of the Board, President and Chief Executive Officer
of the Company, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of 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 operations of the Company.









Dated:  May
12, 2008








/s/
William H. Armstrong III


William
H. Armstrong III


Chairman
of the Board, President and


Chief
Executive Officer








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





This
certification shall not be deemed filed by the Company for purposes of § 18 of
the Securities Exchange Act of 1934, as amended.
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 Quarterly Report of Authentidate Holding Corp. (the company) on Form 10-Q for the period ending March 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the
Report), the undersigned, being, OConnell Benjamin, President of the company, and William A. Marshall, Chief Financial Officer of the company, respectively, do each hereby certify, pursuant to 18 U.S.C. ss.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.



|                       |  |  |  |                        
|---------------------- |  |  |  | -----------------------
|Dated: May 14, 2009    |  |  |  |                        
|                       |  | 
|/s/ OConnell Benjamin |  |  |  | /s/ William A. Marshall
|President              |  |  |  | Chief Financial Officer
Report of Independent Registered Public Accounting Firm


To the Board of Trustees and Shareholders of
Churchill Tax-Free Fund of Kentucky:


In planning and performing our audit of the financial statements of
Churchill Tax-Free Fund of Kentucky (the "Fund") for the year ended
December 31, 2004, we considered its internal control, including control
activities for safeguarding securities, in order to determine our auditing
procedures for the purpose of expressing our opinion on the financial
statements and to comply with the requirements of Form N-SAR, not to provide
assurance on internal control.

The management of the Fund is responsible for establishing and
maintaining internal control.  In fulfilling this responsibility,
estimates and judgments by management are required to assess the expected
benefits and related costs of controls.  Generally, controls that are
relevant to an audit pertain to the entity's objective of preparing
financial statements for external purposes that are fairly presented in
conformity with U.S. generally accepted accounting principles. Those
controls include the safeguarding of assets against unauthorized
acquisition, use, or disposition.

Because of inherent limitations in internal control, error or fraud
may occur and not be detected.  Also, projection of any evaluation of
internal control to future periods is subject to the risk that it may
become inadequate because of changes in conditions or that the
effectiveness of the design and operation may deteriorate.

Our consideration of internal control would not necessarily disclose
all matters in internal control that might be material weaknesses under
standards established by the Public Company Accounting Oversight Board
(United States).  A material weakness is a significant deficiency, or
combination of significant deficiencies, that results in more than a
remote likelihood that a material misstatement of the annual or interim
financial statements will not be prevented or detected.  However, we
noted no matters involving internal control and its operation, including
controls for safeguarding securities, that we consider to be material
weaknesses as defined above as of December 31, 2004.

This report is intended solely for the information and use of management
and the Board of Trustees and Shareholders of Churchill Tax-Free Fund of
Kentucky and the Securities and Exchange Commission and is not intended
to be and should not be used by anyone other than these specified parties.


/s/  KPMG
--------------

New York, New York
February 18, 2005
<TABLE> <S> <C>

<ARTICLE>                                       5

<S>                                          <C>
<PERIOD-TYPE>                                        9-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JAN-01-1999
<PERIOD-END>                                   SEP-30-1999
<CASH>                                           1,608,041
<SECURITIES>                                             0
<RECEIVABLES>                                      250,227
<ALLOWANCES>                                             0
<INVENTORY>                                        818,432
<CURRENT-ASSETS>                                 3,491,516
<PP&E>                                          27,626,933
<DEPRECIATION>                                 (6,897,692)
<TOTAL-ASSETS>                                  28,815,745
<CURRENT-LIABILITIES>                           11,632,151
<BONDS>                                         11,341,567
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                          1,911
<COMMON>                                           453,241
<OTHER-SE>                                       3,705,511
<TOTAL-LIABILITY-AND-EQUITY>                    28,815,745
<SALES>                                         11,589,343
<TOTAL-REVENUES>                                11,589,343
<CGS>                                            4,413,430
<TOTAL-COSTS>                                   12,535,269
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                               2,218,214
<INCOME-PRETAX>                                (6,505,713)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                            (6,505,713)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                        (620,000)
<NET-INCOME>                                   (7,125,713)
<EPS-BASIC>                                       (0.16)
<EPS-DILUTED>                                       (0.16)



</TABLE>
(March 13, 2008)

#### The People of the State of New York, Respondent, v Kenneth W. Varney III, Appellant.

[853 NYS2d 926]

Rose, J.

Defendant pleaded guilty to rape in the third degree, waived his right to appeal and was sentenced to a term of imprisonment of 1 to 3 years. Contending solely that his waiver of his right to appeal was ineffective, defendant appeals.

We affirm. Even if we were to find merit in defendant’s challenge to the validity of his waiver of appeal, he raises no other issues in his appellate brief that we would then be permitted to consider. Thus, the waiver’s invalidity would have no consequence. In any event, our review of the record satisfies us that defendant knowingly and voluntarily waived his right to appeal after a colloquy on the record and discussion with his counsel *(see e.g. People v Hopper,*39 AD3d 1030, 1031 [2007]).

Peters, J.P., Carpinello, Kane and Malone Jr., JJ., concur. Ordered that the judgment is affirmed.
No. 1072.

#### Barnard *v.*Ragen, Warden.

May 6, 1946.

327 U.S. 811.
IV 

House Calendar No. 21

108TH CONGRESS 

1ST SESSION H. RES. 188

[Report No. 108–68] 

Waiving points of order against the conference report to accompany the 

bill (S. 151) to amend title 18, United States Code, with respect to 

the sexual exploitation of children. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 9, 2003

Mrs. MYRICK, from the Committee on Rules, reported the following resolution; 

which was referred to the House Calendar and ordered to be printed 

RESOLUTION

Waiving points of order against the conference report to 

accompany the bill (S. 151) to amend title 18, United 

States Code, with respect to the sexual exploitation of 

children.

1 Resolved, That upon adoption of this resolution it 

2 shall be in order to consider the conference report to ac3 company the bill (S. 151) to amend title 18, United States 

4 Code, with respect to the sexual exploitation of children. 

5 All points of order against the conference report and 
2

HRES 188 RH 

1 against its consideration are waived. The conference re2 port shall be considered as read. 

House Calendar No. 21

108TH CONGRESS 

1ST SESSION H. RES. 188

[Report No. 108–68] 

RESOLUTION

Waiving points of order against the conference report to accompany the bill (S. 151) to amend 

title 18, United States Code, with respect to the sexual exploitation of children. 

APRIL 9, 2003

Referred to the House Calendar and ordered to be 

printed
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PATRICIA CRUZ

- LOPEZ,

Petitioner,

v.
MERRICK B. GARLAND, Attorney General,

Respondent. No. 19

- 72907

Agency No. A205

- 600

- 556

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted January 1 9 , 202 2 * *

Before: SILVERMAN, CLIFTON, HURWITZ
, Circuit Judges.

Patricia Cruz

- Lopez , a native and citizen of Mexico, petitions for review of

the Board of Immigration Appeals’ (“BIA”) order denying her motion to remand

and dismissing her appeal from an immigration judge’s (“IJ”) decision denying her

motion for a continuance and applicatio n for cancellation of removal. Our

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

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

# FILED

JAN 25 2022

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2 19

- 72907

jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the

denial of a continuance
, Ahmed v. Holder , 569 F.3d 1009, 1012 (9th Cir. 2009)
,
and the denial of a motion to remand
, Movsisian v. Ashcroft , 395 F.3d 1095, 1098

(9th Cir. 2005). We deny in part and dismiss in part the petition for review.

There was no abuse of discretion in the denial of Cruz

- Lopez ’ s request for a

continuance where s he did not demonstrate good cause. See 8 C.F.R. § 1003.29;

Ahmed , 569 F.3d at 1012 (listing factors to be considered in determ ining whether

the denial of a continuance constitutes an abuse of discretion). We lack

jurisdiction to consider Cruz

- Lopez’ s contention s that the IJ was biased, ignored or

misstated evidence
, failed to formally rule on the motion, or otherwise erred in her

analysis because Cruz

- Lopez failed to raise the m before the BIA. See Barron v.
Ashcroft , 358 F.3d 674, 677

- 78 (9th Cir. 2004) (court lacks jurisdiction to review

claims not presented to the agency). To the extent Cruz

- Lopez contends the BIA

engaged in improper fact

- finding
, misstated the evidence
, or otherwise erred in its

analysis of her claims , her contentions fail as unsupported by the record.

We lack jurisdiction to review the agency’s discretionary determination that

Cruz

- Lopez did not show exceptional and extremely unusual hardship to a

qualifying relative for purposes of cancellation of removal. See 8 U.S.C.

§ 1252(a)(2)(B)(i); Martinez

- Rosas v. Gonzales , 424 F.3d 926, 930 (9th Cir. 2005).

The petition does not raise a colorable legal or constitutional claim over which we3 19

- 72907

retain jurisdiction. See 8 U.S.C. § 1252(a)(2)(D); Martinez

- Rosas , 424 F.3d at

930.

The BIA did not abuse its discretion in denying Cruz

- Lopez ’ s motion to

remand where her challenge to the immigration court’s jurisdiction is foreclosed by

Karingithi v. Whitaker , 9 13 F.3d 1158
, 1159 (9th Cir. 20 19 ) , because she received

a notice of hearing th at included the time and date of the hearing

.
PETITION FOR REVIEW DENIED in part; D ISMISSED in part

.
SECOND AMENDMENT 


DATED AS OF FEBRUARY 19, 2013


TO THE MARKETING AGENT AGREEMENT


DATED AS OF MARCH 10, 2008, AS AMENDED
JULY 30, 2012


 


AMENDMENT AGREEMENT (the “Amendment”)
dated as of February 19, 2013 between ALPS DISTRIBUTORS, INC. (“ALPS”), UNITED STATES COMMODITY FUNDS LLC
and UNITED STATES DIESEL-HEATING OIL FUND, LP, formerly United States Heating Oil Fund, LP (“USDHO”).


 


WITNESSETH


 


The parties have previously entered into
that certain Marketing Agent Agreement dated as of March 10, 2008, as amended July 30, 2012 (the “Agreement”).  The
parties have agreed to amend the Agreement in accordance with the terms of this Amendment.


 


NOW, THEREFORE, in consideration of the
mutual agreements herein contained, ALPS, USCF and USDHO hereby acknowledge and agree as follows:


 


1.   Amendment
to the Agreement.  Upon execution of this Amendment by ALPS, USCF and USDHO, the Agreement shall be hereby amended
as follows:


 


(a)   Section 4.3 of the
Agreement, “Marketing Agent Fee” shall be amended by adding the following:


 


In no event will the Marketing Agent Fee exceed 10% of the gross
proceeds of the Fund’s offering.


 




    	 



    	 



    

 


IN WITNESS WHEREOF, the parties have caused
this Amendment to be executed by their respective officers or authorized representatives as of the day and year first above written.


 


	UNITED STATES COMMODITY FUNDS LLC	 
	 	 	 
	By:	/s/ Howard Mah	 
	 	Name: Howard Mah	 
	 	Title: Management Director	 


 


UNITED STATES DIESEL-HEATING OIL FUND,
LP


 


	 	By: United States Commodity Funds LLC, as General Partner
	 	 	 
	 	 	By:	/s/ Howard Mah	 
	 	 	 	Name: Howard Mah	 
	 	 	 	Title: Management Director	 


 


	ALPS DISTRIBUTORS, INC	 
	 	 	 
	By:	/s/ Thomas A. Carter	 
	 	Name: Thomas A. Carter	 
	 	Title: President	 


 




    	2
H. Res. 293

In the House of Representatives, U.S.,

June 24, 2003.

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule

XVIII, declare the House resolved into the Committee of the

Whole House on the state of the Union for consideration of

the bill (H.R. 2555) making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2004, and for other purposes. The first reading

of the bill shall be dispensed with. All points of order against

consideration of the bill are waived. General debate shall be

confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority

member of the Committee on Appropriations. After general

debate the bill shall be considered for amendment under the

five-minute rule. Points of order against provisions in the bill

for failure to comply with section 501 of House Concurrent

Resolution 95 and clause 2 of rule XXI are waived except as

follows: sections 514, 521, and 522. During consideration of

the bill for amendment, the Chairman of the Committee of
2

•HRES 293 EH

the Whole may accord priority in recognition on the basis of

whether the Member offering an amendment has caused it to

be printed in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII. Amendments so printed shall be considered as read. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such

amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Attest:

Clerk.
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), each of
the undersigned officers of Churchill Tax-Free Trust, do hereby certify to such
officer's knowledge, that:

The semi-annual report on Form N-CSR of Churchill Tax-Free Trust for the
period ended December 31, 2004 (the "Form N-CSR") fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of 1934 and information contained in the Form N-CSR fairly presents, in
all material respects, the financial condition and results of operations of
Churchill Tax-Free Trust.


Dated:  February 28, 2005		/s/  Diana P. Herrmann
						----------------------------------
						President and Trustee
						Churchill Tax-Free Trust

Dated:  February 28, 2005		/s/  Joseph P. DiMaggio
						------------------------------------
						Chief Financial Officer and Treasurer
						Churchill Tax-Free Trust

A signed original of this written statement required by Section 906, or
other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Churchill
Tax-Free Trust and will be retained by Churchill Tax-Free Trust and furnished
to the Securities and Exchange Commission or its staff upon request.

This certification is being furnished solely pursuant to 18 U.S.C. ss. 1350
and is not being filed as part of the Report or as a separate disclosure
document.
Exhibit 23(B)

                        Consent of Independent Accountants
                        ----------------------------------
               We hereby consent to the incorporation by reference in the
               Registration Statements on Form S-8 (No. 33-61705 and No.
               33-41925) of Waverly, Inc.  of our report dated February
               22, 1995, related to our audits of the consolidated
               financial statements and financial statement schedule of
               Waverly, Inc. and subsidiaries as of December 31, 1994 and for
               the year then ended, included in this Form 10-K for the year
               ended December 31, 1996.



               PRICE WATERHOUSE  LLP

               Linthicum, Maryland
               March 31, 1997
No. 999.

#### Pressed Steel Car Co., Inc. *v.*Commissioner of Internal Revenue.

May 6, 1946.

*Earl F. Reed*for petitioner.

*Solicitor General McGrath, Sewall Key, Helen R. Carloss*and *William Robert Koerner*for respondent.

Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit denied.
* 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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-10695 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus CHARLIE DEWAYNE BOND, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:99-CR-249-1-Y

-------------------- March 20, 2001 Before JOLLY, SMITH, and DeMOSS, Circuit Judges. PER CURIAM: * The Federal Public Defender for Charles Dewayne Bond ("Bond") has moved for leave to withdraw and has filed a brief pursuant to Anders v. California , 386 U.S. 738 (1967). Bond has received a copy of counsel’s motion and brief, and has filed a
pro se response in which he requests appointment of new appellate counsel . Our review of the brief filed by counsel, Bond's response, and of the record discloses no nonfrivolous point for appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities, andNo. 00-10695 -2- the APPEAL IS DISMISSED. Bond's motion for appointment of new counsel is DENIED AS MOOT. See 5 TH C IR . R. 42.2.
Order entered June 20, 2019

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05 - 19 - 00042 - CV FIRST OVILLA, Appellant

V. JOHN PRIMM, ET AL., Appellees On Appeal from the County Court a t Law No. 1

Dallas County, Texas Trial Court Cause No. CC - 17 - 01696 - A



### O RDER Befo re the Court is appellees’ June 18, 2019 unopposed motion for extension of time to file their brief

. We GRANT the motion and ORDER appellees’ responsive brief be filed no lat er than July 2 9 , 2019.

/s/ BILL WHITEHILL JUSTICE
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from Swift Energy
Pension  Partners  1991-C,  Ltd.'s  balance  sheet and  statement of  operations
contained  in its Form 10-Q for the  quarter  ended  September  30,  1999 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-END>                                   SEP-30-1999
<CASH>                                         1,717
<SECURITIES>                                   0
<RECEIVABLES>                                  30,562
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               32,279
<PP&E>                                         4,141,411
<DEPRECIATION>                                 (3,550,149)
<TOTAL-ASSETS>                                 623,541
<CURRENT-LIABILITIES>                          4,084
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     619,457
<TOTAL-LIABILITY-AND-EQUITY>                   623,541
<SALES>                                        134,532
<TOTAL-REVENUES>                               135,272
<CGS>                                          0
<TOTAL-COSTS>                                  72,915<F1>
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                16,636
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            16,636
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   16,636
<EPS-BASIC>                                  0
<EPS-DILUTED>                                  0
<FN>
<F1>Includes  lease  operating  expenses,  production  taxes  and  depreciation,
depletion and  amortization  expense.  Excludes general and  administrative  and
interest expense.
</FN>



</TABLE>