alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
P u rsuan t t o 5 T H C IR . R. 47. 5, t h e courtha s det erm i n ed that t h i s opi n i on * shou l d n otbe pu bl i shedan d i s not preceden texcept u n der t h e l i m i t ed c i r c um s t anc e s s e tf

o r t h i n 5 T H C IR . R. 47. 5. 4. 

### INTHE UNITED S TATESCOU RT OFAPPEALS

FORTHEFIFTH CIRCU IT

N o. 08- 60813 Su m m ar y Cal endar M O U K O K O TH O M A S C H R I ST IA N E LA M E , al soknow n as Th om as C hri st i an E l am e M ou kok o P et i t i on er v. ERI C H . H OLD ER, J R. , U S ATTORN EY GE N ERA L Res po nde nt Pet i t i o n f

o rRev i e w o f

a n Ord e ro f

t he B o a r do f Im m ig r a tio n A p p e a ls B IAN o. A 78 126 567 B ef ore G A R Z A , C L E M E N T , an d O W E N , C i rcui tJu dg es. P E R C U R IA M: * M o uko koTho m as Chr i s t i an E l am e pe t i t i o ns t hi s c o ur tf o rr e vi e w o f

t he o r de ro f t he Boa r d o f

I m m i gr at i o n Appe al s ( BI A) deny i ng hi s m o t i o n t o r e o pe n. E la m e a r g u e s th a t th e B IAe r r e db yd e n y in gh is m o tio n to re o p e n b e c a u s e h e is e l i gibl e t o a dj us thi s stat u s as t he s po us e o f aU ni t e d St at e s c i t i z e n. The deci si on t o reopen proceedi n gs i s a di scr et i on ary deci si on , an d thi s c ou rtapp l i es ah ig h lyd e fe r e n t ia l a b u s e o f d is c r e t i o n s t a n d a r dw h e n r e v ie w in gth e B IA ’s United States Court of App eals

Fifth Circuit 

### F I LE D Aug ust28, 2009 Cha rl es R. F ulb ru g e II I ClerkN o. 08- 60813

2 d e n ia l o f

a m o t io n to re o p e n . La r a v. Trom i nski , 216 F . 3d487 , 496 ( 5th C i r. 200 0) . Th i s c ou rtw i l laf f i rm the B IA ’ s deci si on as l on g as i ti s not “ capri ci ou s, raci al l y i n vi di ou s, utt erly w i t h ou tf ou n da t i on i n t h e evi den ce, or ot h erw i se s o i r r at i onalt hatiti s arbi t r ar y r at hert han t he r es ul tof any pe r c ept ibl e r at i onal a p p roa ch . ” S ing h v. G on zales , 436 F . 3d484 , 487 ( 5th C i r. 200 6) (cit ati on o m itted ). El am e ha s no ts ho w n t hatt he BI A abus e d it s di s cret i on in de nyi ng t he m ot i on t o r e o p e nbecau se he h as not show n t h at he m eet s th e f ive fact ors set f o r t h i n In reV

elard e- Pach eco , 23 I. & N . D ec. 253 , 256 ( B IA200 2) . M oreover, E l am e w as only att h e f i rstst ep of

t h e l on g an d d i scr et i on a ry p ro ce ss of o b ta in in ga n a dju s tm e n t o f s ta tu s . S ee A h m ed v. G on zales , 447 F. 3d 433, 438- 39 (5 t h C ir . 2 0 0 6 ). T h u s , t h e B IAd idn o ta b u s e it s d is c r e t io n in d e n y in gE la m e ’s mo t i o n t o r e o p e n . T h e p e t i t i o n f o rr e v i e w i s DE NI ED .
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 Annual report of Quintek Technologies, Inc. (the “Company”)
      on Form 10-KSB for the period ending June 30, 2007 as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), I, Andrew Haag, Chief
      Financial Officer of the Company, certify, pursuant to 18 U.S.C. 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
      Quintek Technologies, Inc. and will be retained by Quintek Technologies, Inc.
      and furnished to the Securities and Exchange Commission or its staff upon
      request.




Date:
                October 15, 2007
            By:
            */s/
                ANDREW HAAG*Andrew
                HaagChief
                Financial Officer
### Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h
Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk October 26, 2009

1019 

# Order

October 26, 2009

139434

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 139434 COA: 284626 Washtenaw CC: 07-001678-FC GERARD DARAN- LOUIS DAVIS, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the June 16, 2009 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the question presented s hould be reviewed by this Court.
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

JOSE TORRES,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 151 EAL 2023

Petition for Allowance of Appeal

from the Order of the Superior Court

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

JOSE TORRES,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 152 EAL 2023

Petition for Allowance of Appeal

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 26th day of September, 2023

, the Petition for Allowance of Appeal

is DENIED

.
**EXHIBIT 32.1**

 

**CERTIFICATIONOF CHIEF EXECUTIVE OFFICER ANDPRINCIPAL FINANCIAL OFFICER PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

 

In connection with the QuarterlyReport on Form 10-Q of PALIGENT INC. (the “Company”) for the quarter ended March 31,2005 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), Salvatore A. Bucci, as Chief Executive Officer and Principal FinancialOfficer of the Company, 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 the best of his knowledge:

 

(1) The Reportfully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

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

 

 
| Date: May  13, 2005 | by:    | /s/ Salvatore A. Bucci                |   |
|--------------------------|--------|---------------------------------------|--------|
|                     |   | Salvatore A. Bucci                    |
|                     |   | President and Chief Executive Officer |
|                     |   | (Principal Financial Officer)         |

 

----
Exhibit 32.1

# Certification of the
Chief Executive Officer Pursuant to 18 U.S.C. Section 1350

In connection with the Quarterly
Report on Form 10-Q for the fiscal quarter ended July 30, 2005 of Stein Mart, Inc. (the
Form 10-Q), I, Michael D. Fisher, President and 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
Form 10-Q 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 Form 10-Q fairly presents, in all material
          respects, the financial condition and results of operations of the Company.
|-- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------

|                        |                                      
|----------------------- | -------------------------------------
|Date: September 7, 2005 | /s/ Michael D. Fisher                
|                        | Michael D. Fisher                    
|                        | President and Chief Executive Officer
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 125 Introduced in House (IH)]

108th CONGRESS
  1st Session
H. RES. 125

 Recognizing the thousands of Freemasons in every State in the Nation 
and honoring them for their many contributions to the Nation throughout 
                              its history.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 2003

  Mr. Smith of Michigan (for himself, Mr. Nethercutt, Mr. Bartlett of 
Maryland, Mr. Flake, Mr. DeMint, Mr. Burton of Indiana, Mr. Doolittle, 
Mr. Duncan, Mr. Sam Johnson of Texas, Mr. Hobson, Mr. Petri, Mr. Young 
   of Alaska, Mr. Davis of Tennessee, and Mr. Collins) submitted the 
following resolution; which was referred to the Committee on Government 
                                 Reform

_______________________________________________________________________

                               RESOLUTION

 
 Recognizing the thousands of Freemasons in every State in the Nation 
and honoring them for their many contributions to the Nation throughout 
                              its history.

Whereas Freemasons, whose long lineage extends back to before the Nation's 
        founding, have set an example of high moral standards and charity for 
        all people;
Whereas the Founding Fathers of this great Nation and signers of the 
        Constitution, most of whom were Freemasons, provided a well-rounded 
        basis for developing themselves and others into valuable citizens of the 
        United States;
Whereas members of the Masonic Fraternity, both individually and as an 
        organization, continue to make invaluable charitable contributions of 
        service to the United States;
Whereas the Masonic Fraternity continues to provide for the charitable relief 
        and education of the citizens of the United States;
Whereas the Masonic Fraternity is deserving of formal recognition of their long 
        history of care-giving for the citizenry and their example of high moral 
        standards; and
Whereas Freemasons have always revered and celebrated St. John's Day, June 24th, 
        as dedicated to their patron saints: Now, therefore, be it
    Resolved, That the House of Representatives recognizes the 
thousands of Freemasons in every State in the Nation and honors them 
for their many contributions to the Nation throughout its history.
                                 <all>
```
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   MAR-31-1998
<CASH>                                         1,164,624
<SECURITIES>                                   652,097
<RECEIVABLES>                                  7,448,196
<ALLOWANCES>                                   447,837
<INVENTORY>                                    3,983,066
<CURRENT-ASSETS>                               13,162,209
<PP&E>                                         2,943,493
<DEPRECIATION>                                 (1,793,974)
<TOTAL-ASSETS>                                 17,072,139
<CURRENT-LIABILITIES>                          7,337,138
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       155,511
<OTHER-SE>                                     31,415,605
<TOTAL-LIABILITY-AND-EQUITY>                   17,072,139
<SALES>                                        5,251,948
<TOTAL-REVENUES>                               5,251,948
<CGS>                                          2,781,936
<TOTAL-COSTS>                                  2,018,359
<OTHER-EXPENSES>                               (634)
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             77,039
<INCOME-PRETAX>                                375,248
<INCOME-TAX>                                   10,500
<INCOME-CONTINUING>                            364,748
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   364,748
<EPS-PRIMARY>                                  0.03
<EPS-DILUTED>                                  0.02
        


</TABLE>
<PAGE>   1
 
                                                                  EXHIBIT 23(a)
 
                        CONSENT OF INDEPENDENT AUDITORS
 
     We consent to the incorporation by reference in each prospectus
constituting part of the Registration Statements on Form S-3 (Nos. 33-30729,
33-41417, 33-41475, and 33-51298), and on Form S-8 (Nos. 2-92085, 33-44044,
33-45365, 33-46779, 33-51445, 33-51579, 33-53815 and 33-53819, 33-62043,
33-62045, 333-12583, 333-12589, 333-12591 and 333-13219) of Westinghouse
Electric Corporation of our report dated January 29, 1997 appearing on page 32
of this Form 10-K. We also consent to the incorporation by reference of our
report on the financial statement schedule, which appears on page 68 of this
Form 10-K.
 
KPMG Peat Marwick LLP
Pittsburgh, Pennsylvania
March 18, 1997
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
September 30, 2010 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: November 12, 2010



|                       |  |  |  |                        
|---------------------- |  |  |  | -----------------------
|/s/ OConnell Benjamin |  |  |  | /s/ William A. Marshall
|President              |  |  |  | Chief Financial 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.
---

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 June 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), William H. Armstrong III, as Chairman of the Board, President & 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:  August 10, 2009








/s/ William H. Armstrong III


William H. Armstrong III


Chairman of the Board,


President & 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.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
     FINANCIAL STATEMENTS OF SIGNAL APPAREL COMPANY, INC. FOR THE YEAR ENDED
     DECEMBER 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
     FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-END>                                   DEC-31-1999
<CASH>                                                 0
<SECURITIES>                                           0
<RECEIVABLES>                                        555
<ALLOWANCES>                                         251
<INVENTORY>                                        7,346
<CURRENT-ASSETS>                                   8,889
<PP&E>                                             3,555
<DEPRECIATION>                                       707
<TOTAL-ASSETS>                                    44,604
<CURRENT-LIABILITIES>                            116,000
<BONDS>                                           22,475
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                       51,296
<COMMON>                                             535
<OTHER-SE>                                      (144,585)
<TOTAL-LIABILITY-AND-EQUITY>                      44,604
<SALES>                                           98,725
<TOTAL-REVENUES>                                  98,725
<CGS>                                             89,268
<TOTAL-COSTS>                                     89,268
<OTHER-EXPENSES>                                       0
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                                14,254
<INCOME-PRETAX>                                  (47,926)
<INCOME-TAX>                                           0
<INCOME-CONTINUING>                              (47,926)
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                     (50,917)
<EPS-BASIC>                                        (1.04)
<EPS-DILUTED>                                      (1.04)



</TABLE>
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

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

###### Centers for Medicare & Medicaid Services

# AGENCY:

Centers for Medicare & Medicaid Services (CMS), HHS.

# ACTION:

Withdrawal Notice.

# SUMMARY:

This document withdraws the notice published on July 13, 2009 (74 FR 33449), which announced a hearing scheduled on August 4, 2009, to reconsider disapproval of Washington SPA 08-019. The July 13 notice is being withdrawn because it was an inadvertent republication of the same notice published on June 23, 2009 (74 FR 29703). This notice of withdrawal eliminates the duplication, by withdrawing the July 13 notice.

# FOR FURTHER INFORMATION CONTACT:

Benjamin Cohen, Presiding Officer, CMS, 2520 Lord Baltimore Drive, Suite L, Baltimore, Maryland 21244, Telephone: (410) 786-3169.

# SUPPLEMENTARY INFORMATION:

                    On June 23, 2009, we published a notice in the                     **Federal Register**                     (74 FR 29703), that announced the scheduling of an administrative hearing on August 4, 2009, to reconsider CMS' decision to disapprove Washington SPA 08-019. On July 13, 2009, the same notice was inadvertently republished in the                     **Federal Register**                     (74 FR 33449). This notice withdraws the July 13 notice, thereby eliminating the inadvertent duplication of the notice published on June 23.                

Section 1116 of the Social Security Act (42 U.S.C. 1316; 42 CFR 430.18).

(Catalog of Federal Domestic Assistance Program No. 13.714, Medicaid Assistance Program.)

Dated: July 21, 2009.

Charlene Frizzera

Acting Administrator, Centers for Medicare & Medicaid Services. 

[FR Doc. E9-17775 Filed 7-22-09; 11:15 am]

BILLING CODE 4120-01-P