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

                                                                    EXHIBIT 99.1

                                 UBIQUITEL INC.
                               ONE WEST ELM STREET
                                    SUITE 400
                        CONSHOHOCKEN, PENNSYLVANIA 19428

                        Letter to Commission Pursuant to
                                Temporary Note 3T

March 20, 2002


Securities and Exchange Commission
450 Fifth Street, NW
Washington, DC 20549

Ladies and Gentlemen:

Pursuant to Temporary Note 3T to Article 3 of Regulation S-X, UbiquiTel Inc.
has obtained from Arthur Andersen LLP ("Andersen") a letter dated March 20,
2002 to the board of directors and shareholders of UbiquiTel Inc. stating
that Andersen's audit of the financial statements of UbiquiTel Inc. and its
subsidiaries for the year ended December 31, 2001 was subject to Andersen's
quality control system for the U.S. accounting and auditing practice to
provide reasonable assurance that the engagement was conducted in compliance
with professional standards, and that there was appropriate continuity of
Andersen personnel working on the audit and availability of national office
consultation. Availability of personnel at foreign affiliates of Andersen is
not relevant to this audit.

                                          UBIQUITEL INC.

                                          /s/ Donald A. Harris
                                          -------------------------------------
                                          Donald A. Harris,
                                          President and Chief Executive Officer
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<SECURITIES>                                         0
<RECEIVABLES>                                    2,663
<ALLOWANCES>                                       133
<INVENTORY>                                      4,621
<CURRENT-ASSETS>                                 8,785
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<DEPRECIATION>                                   1,555
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<CURRENT-LIABILITIES>                            1,975
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
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<COMMON>                                           360
<OTHER-SE>                                       7,368
<TOTAL-LIABILITY-AND-EQUITY>                     9,778
<SALES>                                         14,322
<TOTAL-REVENUES>                                14,415
<CGS>                                            9,488
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<OTHER-EXPENSES>                                     0
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<INTEREST-EXPENSE>                                  35
<INCOME-PRETAX>                                    626
<INCOME-TAX>                                       224
<INCOME-CONTINUING>                                402
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<EPS-PRIMARY>                                      .38
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</TABLE>
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-6474
RONALD JERRY SAWYER, Plaintiff - Appellant, versus G. D. JOHNSON, Major; B. F. FERGUSON, Captain; OFFICER CATRON; J. RUSSELL, JR., Correctional Officer; DAVID R. BOEHM, Program Director; K. L. OSBORNE, Warden; CORRECTIONAL OFFICER STAMPER; CORRECTIONAL OFFICER CONNORS; RON ANGELONE; KENNETH MOORE, Internal Affairs; R. A. YOUNG, Defendants - Appellees.
Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Chief District Judge; Glen E. Conrad, Magistrate Judge. (CA-95-395-R) Submitted: June 20, 1996 Decided: July 2, 1996 Before HALL, WILKINS, and HAMILTON, Circuit Judges. Dismissed by unpublished per curiam opinion. Ronald Jerry Sawyer, Appellant Pro Se. Mark Ralph Davis, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).23 PER CURIAM: Appellant appeals from the district court's order denying his motion for default judgment. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order. We dismiss the appeal as interlocutory. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING 

MOTION AND, IF FILED, DETERMINED 

IN THE DISTRICT COURT OF APPEAL 

OF FLORIDA 

SECOND DISTRICT 

MICHELE J. CLARK, ) 

 ) 

 Appellant, ) 

 ) 

v. ) Case No. 2D14-1514 

 ) 

LAWRENCE R. CLARK, ) 

 ) 

 Appellee. ) 

___________________________________ ) 

Opinion filed November 19, 2014. 

Appeal pursuant to Fla. R. App. P. 9.130 

from the Circuit Court for Hillsborough 

County; Nick Nazaretian, Judge. 

Robert M. Tager, Clearwater, for Appellant. 

Donald A. Foster of The Foster Law 

Group, P.A., Tampa, for Appellee. 

SILBERMAN, Judge. 

 In this dissolution of marriage proceeding, Michele J. Clark (the Wife) 

appeals a nonfinal order entitled "Order on Wife's Motion for Contempt." In the order, 

the trial court stated that it was sua sponte reducing the Wife's previously ordered 

temporary support but did not rule on the Wife's contempt motion. The order resulted 

from a noticed contempt hearing against Lawrence R. Clark (the Husband), and the 

Husband had not filed a motion to reduce the temporary support. 
- 2 -

 Because the Wife had no notice that the issue of a modification of 

temporary support would be considered at the contempt hearing, the Husband properly 

concedes error on appeal, citing Wright v. Wright, 654 So. 2d 674, 674 (Fla. 5th DCA 

1995), and Dent v. Dent, 851 So. 2d 819, 823 (Fla. 2d DCA 2003) (Stringer, J., 

concurring specially). Based on the lack of notice and a meaningful opportunity to be 

heard, see Wright, 654 So. 2d at 674, we reverse the Order on Wife's Motion for 

Contempt that was rendered on March 17, 2014. We remand for reinstatement of the 

temporary support obligation ordered on September 24, 2012.1 See id. 

 Reversed and remanded. 

VILLANTI and CRENSHAW, JJ., Concur. 

 1In the Wife's reply brief, counsel suggests that we order the Husband to 

pay the Wife's attorney's fees incurred in this appeal. We decline to do so because a 

motion for appellate attorney's fees has not been filed in compliance with Florida Rule of 

Appellate Procedure 9.400(b).
**Exhibit 23.3**

 

**INDEPENDENTAUDITOR’S REPORT**

 

**To theShareholders and the board of Directors of XXCAL Japan Inc.**

 

We have audited the balance sheets (express in yen) of XXCAL, Japan, Inc.as of December 31, 2005 and January 31, 2005, and the relatedstatements of income for the periods ended December 31, 2005 and January 31,2005 (not included herein).  Thesefinancial statements are the responsibility of the Company’s management.  Our responsibility is to express an opinionon the financial statements based on our audits.

 

We have performed our audits in accordance with auditing standardsgenerally accepted in Japan.  Thosestandards require that we plan and perform the audit to obtain reasonableassurance about whether the financial statements are free of materialmisstatement.  An audit includesexamining, on a test basis, evidence supporting the amounts and disclosures inthe financial statements.  An audit alsoincludes assessing the accounting principles used and significant estimates madeby management, as well as evaluating the overall financial statementpresentation.  We believe that our auditsprovide a reasonable basis for our opinion.

 

In our opinion, the financial statements referred to above presentfairly, in all material respects, the financial position of XXCAL Japan Inc. asof December 31, 2005 and January 31, 2005, and the results of itsoperations for the periods then ended in conformity with generally acceptedaccounting principles in Japan.

 

 

BA Tokyo & Co.

MEMBER OF MAZARS

Certified Public Accountants

 

Tokyo, Japan

February 22, 2006

 

----
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 47 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 47

  To prohibit the implementation of any program that grants temporary 
   legal status to, or adjusts the status of, any individual who is 
unlawfully present in the United States until the Secretary of Homeland 
Security certifies that the US-VISIT system has been fully implemented 
               at every land, sea, and air port of entry.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 7, 2015

  Mr. Vitter introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To prohibit the implementation of any program that grants temporary 
   legal status to, or adjusts the status of, any individual who is 
unlawfully present in the United States until the Secretary of Homeland 
Security certifies that the US-VISIT system has been fully implemented 
               at every land, sea, and air port of entry.

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

SECTION 1. US-VISIT SYSTEM.

    Any program that authorizes granting temporary legal status to 
individuals who are unlawfully present in the United States or 
adjusting the status of such individuals to that of aliens lawfully 
admitted for permanent residence may not be implemented until the 
Secretary of Homeland Security certifies in writing to the President 
and Congress that the integrated entry and exit data system required 
under section 110 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1365a), which was required to be 
implemented by December 21, 2005, has been fully implemented and is 
functioning at every land, sea, and air port of entry.
                                 <all>
```
#### Price, Receiver, *v.*Coleman and others.

*(Circuit Court, D. Massachusetts.*

September 3, 1884.)

1. Equity—Pleading—Multifariousnmss—Action by Receiver of National Bank.

Where a bill, brought by the receiver of a national hank against all of the directors holding office during the existence of the bank, the legal representatives of deceased directors, and the cashiers of the bank, joins claims for losses suffered by the bank by reason of the directors’ negligence and inattention, and claims for losses suffered by the stockholders by reason of having been induced to subscribe for new shares by misrepresentations of the directors, it is multifarious.

2. Same—Oebtatnty—Demurrer.

Where such a bill does not state the dates of the losses sustained by the corporation, nor the dates of the acts or omissions contributing to those losses, with sufficient certainty to inform each of the defendants with which and how many of the losses it is sought to charge him, it is demurrable.

In Equity.

*A. A. Ranney*and *J. R. Clark,*for complainant.

*358*E. R. Hoar, Henry Baldwin, J. W. Richardson, Sherman & Bell, Richard Stone, Geo. F. Williams, Jesse F. Wheeler, Joseph Cuttler, Morse & Allen,*and *Brooks &*Nichols, for defendants.

Before Gray and Nelson, JJ.

Gray, Justice.

To the bill in its present shape the demurrers for multifariousness and for uncertainty are well taken. The bill is clearly multifarious in joining claims for losses suffered by the corporation by reason of the directors’ negligence and inattention, and claims for losses suffered by the stockholders by reason of having been induced to subscribe for new shares by misrepresentations of the directors. The bill, brought against all.those who were directors during various periods of time, does not state the dates of the losses sustained by the corporation, nor the dates of the acts or omissions contributing to those losses, with sufficient certainty to inform each of the defendants with which and how many of the losses it is sought to charge him. The bill must be amended, in these respects, at least, before the court can justly or intelligently determine, as between the complainant and the several defendants, whether the bill is multifarious in joining as defendants those who were directors at different times; whether it sets forth a liability upon which the complainant can maintain a bill in equity; and whether it sets forth a cause of action which survives against representatives of deceased directors.

Demurrers sustained, with costs; leave to amend the bill.
<TABLE> <S> <C>


        

<ARTICLE> 5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
FINANCIAL  STATEMENTS  OF  AEROSONIC  CORPORATION  FOR THE TWELVE  MONTHS  ENDED
JANUARY  31,  1997,  AND IS  QUALIFIED  IN ITS  ENTIRETY  BY  REFERENCE  TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>

<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JAN-31-1997
<PERIOD-START>                             FEB-01-1996
<PERIOD-END>                               JAN-31-1997
<CASH>                                           1,250
<SECURITIES>                                         0
<RECEIVABLES>                                    3,495
<ALLOWANCES>                                        97
<INVENTORY>                                      7,286
<CURRENT-ASSETS>                                12,551
<PP&E>                                           7,768
<DEPRECIATION>                                   3,277
<TOTAL-ASSETS>                                  17,215
<CURRENT-LIABILITIES>                            4,062
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,595
<OTHER-SE>                                       8,532
<TOTAL-LIABILITY-AND-EQUITY>                    17,215
<SALES>                                         20,232
<TOTAL-REVENUES>                                20,232
<CGS>                                           13,225
<TOTAL-COSTS>                                   13,225
<OTHER-EXPENSES>                                 4,767
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 278
<INCOME-PRETAX>                                  1,729 
<INCOME-TAX>                                      (606)
<INCOME-CONTINUING>                              1,123
<DISCONTINUED>                                    (240)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       924    
<EPS-PRIMARY>                                      .24
<EPS-DILUTED>                                      .24


        

</TABLE>
II 

114TH CONGRESS 

1ST SESSION S. 572 

To amend title 18, United States Code, to provide a penalty for knowingly 

selling advertising that offers certain commercial sex acts. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 25, 2015 

Mr. KIRK introduced the following bill; which was read twice and referred to 

the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to provide a penalty 

for knowingly selling advertising that offers certain commercial sex acts. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This title may be cited as the ‘‘Stop Advertising Vic5 tims of Exploitation Act of 2015’’ or the ‘‘SAVE Act of 

6 2015’’. 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•S 572 IS

1 SEC. 2. ADVERTISING THAT OFFERS CERTAIN COMMER2 CIAL ACTS. 

3 (a) IN GENERAL.—Section 1591(a)(1) of title 18, 

4 United States Code, is amended by inserting ‘‘advertises,’’ 

5 after ‘‘obtains,’’. 

6 (b) MENS REA REQUIREMENT.—Section 1591(a) of 

7 title 18, United States Code, is amended in the undesig8 nated matter following paragraph (2), by inserting ‘‘, ex9 cept where, in an offense under paragraph (2), the act 

10 constituting the violation of paragraph (1) is advertising,’’ 

11 after ‘‘knowing, or’’. 

12 (c) CONFORMING AMENDMENTS.—Section 1591(b) 

13 of title 18, United States Code, is amended— 

14 (1) in paragraph (1), by striking ‘‘or obtained’’ 

15 and inserting ‘‘obtained, or advertised’’; and 

16 (2) in paragraph (2), by striking ‘‘or obtained’’ 

17 and inserting ‘‘obtained, or advertised’’. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS
#### In the Matter of the Claim of Anthony L. Strader, Appellant. Commissioner of Labor, Respondent.

[853 NYS2d 753]

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant left his employment as an office manager without good cause. Dissatisfaction with one’s salary or rate of pay does not constitute good cause for leaving one’s employment *(see Matter of Hughes [Commissioner of Labor],*37 AD3d 966, 966 [2007]; *Matter of Luta [Commissioner of Labor],*305 AD2d 786, 787 [2003]). Here, claimant resigned after he learned that he would be paid $12 per hour, rather than time and a half, for any voluntary overtime hours he worked. Inasmuch as claimant admitted that he did not discuss the rate of pay for voluntary overtime at the time he was hired and that no specific rate had been promised to him, his claim that the overtime rate of $12 per hour constituted a substantial change in the terms of his employment is unavailing *(cf. Matter of Robert [Sweeney],*239 AD2d 809, 810 [1997]). Furthermore, claimant did not establish that he was entitled to overtime compensation pursuant to the Fair Labor Standards *1121Act *(see*29 USC § 213 [a] [1]; 29 CFR 541.200). The record reveals that, as an office manager, claimant earned a salary of $28,000 per year, exempting him from the Fair Labor Standards Act *(see*29 USC § 213 [a] [1]; *Matter of Conners [Commissioner of Labor],*9 AD3d 703, 705 [2004], *lv denied*3 NY3d 609 [2004], *cert denied*544 US 1034 [2005]).

Finally, inasmuch as claimant reported that he separated from his employment due to lack of work when, in fact, he had resigned, substantial evidence also supports the Board’s finding that claimant made a willful misrepresentation to obtain benefits *(see Matter of Peters [Commissioner of Labor],*42 AD3d 615, 616 [2007]; *Matter of Greco [Commissioner of Labor],*286 AD2d 796 [2001]).

Mercure, J.P., Spain, Carpinello, Malone Jr. and Kavanagh, JJ., concur. Ordered that the decision is affirmed, without costs.
| (1) | the      Annual Report on form 10-K of the Company for the year ended March 31,      2010, (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. |
|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |   /s/  Kelly      M.  Malson |
|--------|-------------------------------------------------------|
|   | Kelly      M. Malson                                  |
|   | Senior      Vice President and Chief FinancialOfficer |

----
**EXHIBIT32.2**

 

CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,

ASADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

Inconnection with the Quarterly Report of Arizona Gold and Onyx Mining Company f/k/a Viking Capital Group, Inc. (the “Company”)on Form 10-Q for the quarter ended June 30, 2008 as filed with the Securities and Exchange Commission (the “Report”),I, Dick Johnson, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. SS. 1350, as adopted pursuant to SS. 906 of theSarbanes-Oxley Act of 2002, that:

 

1.       TheReport fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

2.       Theinformation contained in the Report fairly presents, in all material respects, the financial condition and result of operationsof the Company.

 

May8, 2018

 

 

Asigned original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwiseadopting the signature that appears in typed form within the electronic version of this written statement has been provided tothe Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 32.2


CERTIFICATION OF PRINCIPAL ACCOUNTING 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 annual report of Wilshire Enterprises, Inc. (the "Company") on Form 10-K/A for the year ended December 31, 2010 (the "Report"), I, David B. Morrow, Chief Operating Officer of the Company, do hereby 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 Section 15(d) of the Securities Exchange Act of 1934, 15 U.S.C Section 78(a) or 78o(d); and





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





Dated:  August 5, 2011





By:
/s/ David MorrowDavid MorrowPrincipal Accounting Officer and Chief Operating Officer