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


                                                                    EXHIBIT 31.2

                  CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
                           PURSUANT TO RULE 13a-14(a)

     I, John A. Gappa, certify that:

     1. I have reviewed this quarterly report on Form 10-Q of Universal Hospital
Services, Inc.; and

     2. Based on my knowledge, this report does not contain any untrue statement
of a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements were
made, not misleading with respect to the period covered by this report.

     3. [intentionally omitted]

     4. [intentionally omitted]

     5. [intentionally omitted]

Date: April 7, 2004

                                         /s/ John A. Gappa
                                         ---------------------------------------
                                         John A. Gappa
                                         Senior Vice President and
                                         Chief Financial Officer
II 

114TH CONGRESS 

2D SESSION S. 3447 

To direct the Secretary of the Army to place in Arlington National Cemetery 

a memorial honoring the helicopter pilots and crew members of the 

Vietnam era, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28, 2016 

Mr. SULLIVAN (for himself and Ms. BALDWIN) introduced the following bill; 

which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To direct the Secretary of the Army to place in Arlington 

National Cemetery a memorial honoring the helicopter 

pilots and crew members of the Vietnam era, and for 

other purposes. 

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 Act may be cited as the ‘‘Vietnam Helicopter 

5 Crew Memorial Act’’. 


emcdonald on DSK9F6TC42PROD with BILLS
2 

•S 3447 IS

1 SEC. 2. PLACEMENT OF MEMORIAL HONORING HELI2 COPTER PILOTS DURING THE VIETNAM WAR. 

3 (a) IN GENERAL.—Subject to the requirements of 

4 section (c), the Secretary of the Army shall place in Ar5 lington National Cemetery a memorial honoring helicopter 

6 pilots and crew members who served on active duty in the 

7 Armed Forces during the Vietnam era. 

8 (b) DESIGN.—The memorial placed under subsection 

9 (a) shall measure 4 feet in height, 5 feet in width, and 

10 1 foot in depth, and shall be based on a design approved 

11 by the Secretary of the Army and the Vietnam Helicopter 

12 Pilots Association. 

13 (c) AGREEMENT FOR UPKEEP AND MAINTENANCE.— 

14 The Secretary of the Army may only place a memorial 

15 under subsection (a) if the Secretary enters into an agree16 ment with the Vietnam Helicopter Pilots Association 

17 under which the Association agrees to pay all costs nec18 essary to construct, install, and maintain the memorial, 

19 and to such other provisions as the Secretary may require. 

20 (d) APPROVAL OF SITE.—The Secretary of the Army 

21 shall approve an appropriate site within Arlington Na22 tional Cemetery for the memorial under subsection (a) to 

23 be placed. 

Æ 


emcdonald on DSK9F6TC42PROD with BILLS
8334

#### HAYNES v. SULLIVAN.

Tort — Damages.—A police officer who shoots off his pistol in the air merely to frighten a fugitive on horse back into submission to arrest and who calls to others to arrest him but not to shoot, is not responsible for injuries inflicted on the horse by others shooting in assisting to arrest the fugitive, there being no concert of action between the officer and the citizen shooting the horse.

Before Memminger, J., Anderson.

Reversed.

Action by S. A. Haynes against P. W. Sullivan and Van B. Martin in court of magistrate L. M. Wilson. Prom order on Circuit affirming judgment of magistrate, defendant, Sullivan, appeals.

*Messrs. Hood & Sullivan,*for appellant,

cite: *Contributory negligence could not arise in this case:*73 S. C. 500. *This Court may review the testimony to determine if there is any evidence to sustain the verdict:*65 S. C. 517; 73 S. C. 83; 91 S. C. 6.

*Mr. A. H. Dagnail,*contra,

oral argument.

October 8, 1912.

The opinion of the Court was delivered b)'-

Mr. Justice Woods.

The plaintiff recovered judgment in the magistrate’s court against the defendants, Sullivan and Martin, for damages for shooting his horse. On appeal by Sullivan to the Circuit Court the judgment was affirmed. Sullivan alone appeals to this Court, his main contention being that the proof was conclusive that he did not shoot the horse nor induce any one else to do so.

Sullivan, acting as a police officer in the town of Honea Path, undertook to arrest a negro named George Jones, who was riding the horse, in the belief that he was transporting *569contraband liquor. To prevent Jones from getting away and to frighten him into submission and arrest, Sullivan shot his pistol in the air, making no effort whatever to hit Jones or the horse. The shot did not hit Jones and Sullivan called out, “Arrest the negro, but don’t shoot,” The defendant, Martin, who was some distance off, shot twice, and the horse was found to be struck.

We think it evident that a police officer who shoots off his pistol merely for the purpose of frightening a fugitive into submission to arrest is not responsible for injuries inflicted by others who shoot without justification on the officer’s call to arrest the fugitive, but not to shoot. There was no evidence that Sullivan and Martin were acting in concert or even that Martin heard Sullivan’s shot and was influenced by that to shoot the horse.

Reversed.
Exhibit 99.1

Certification of CEO and CFO 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 on Form 10-K/A of Zenith National Insurance Corp. (the "Company") for the year ended December 31,
2002 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Stanley R. Zax, as Chief Executive Officer of the Company, and William J. Owen, as Chief Financial Officer
of the Company, each hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 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.

|/s/ Stanley R. Zax  |  |                                    
|------------------- |  | -----------------------------------
|Name:               |  | Stanley R. Zax                     
|Title:              |  | Chairman of the Board and President
|Date:               |  | June 30, 2003                      
|                    |  |                                    
|/s/ William J. Owen |  |                                    
|Name:               |  | William J. Owen                    
|Title:              |  | Chief Financial Officer            
|Date:               |  | June 30, 2003                      

This
certification accompanies the Report pursuant to §906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002,
be deemed filed by the Company for purposes of §18 of the Securities Exchange Act of 1934, as amended.

A
signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 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.

---

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<ARTICLE> 9
<MULTIPLIER> 1,000
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<FISCAL-YEAR-END>                          MAR-31-1998
<PERIOD-START>                             APR-01-1997
<PERIOD-END>                               DEC-31-1997
<EXCHANGE-RATE>                                      1
<CASH>                                          36,244
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                 6,369
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    108,852
<INVESTMENTS-CARRYING>                         152,475
<INVESTMENTS-MARKET>                           153,080
<LOANS>                                      1,606,229
<ALLOWANCE>                                     22,095
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<SECURITIES-GAINS>                                  25
<EXPENSE-OTHER>                                 30,472
<INCOME-PRETAX>                                 24,797
<INCOME-PRE-EXTRAORDINARY>                      24,797
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<EPS-PRIMARY>                                     1.68
<EPS-DILUTED>                                     1.58
<YIELD-ACTUAL>                                    7.99
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<LOANS-TROUBLED>                                 3,241
<LOANS-PROBLEM>                                 13,955
<ALLOWANCE-OPEN>                                22,750
<CHARGE-OFFS>                                      928
<RECOVERIES>                                       138
<ALLOWANCE-CLOSE>                               22,095
<ALLOWANCE-DOMESTIC>                            22,095
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EXHIBIT 32

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Each of the undersigned hereby certifies, in his capacity as an officer of The Finish Line, Inc. (the Company), for purposes
of 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:



| |  |  | The Quarterly Report of the Company on Form 10-Q for the thirteen and twenty-six weeks ended August 28, 2010 fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78); and
| | - |  | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| |  |  | The information contained in such report fairly presents, in all material respects, the financial condition and results of operation of the Company.
| | - |  | ----------------------------------------------------------------------------------------------------------------------------------------------------

Dated: September 23, 2010



|                                                 
|-------------------------------------------------
|/s/ Glenn S. Lyon                                
|Glenn S. Lyon                                    
|Chairman and Chief Executive Officer             
|                                                 
|/s/ Edward W. Wilhelm                            
|Edward W. Wilhelm                                
|Executive Vice-President, Chief Financial
Officer

A signed original of this written statement required by Section 906 has been provided to The Finish Line, Inc. and will be retained
by The Finish Line, Inc. and forwarded to the Securities and Exchange Commission or its staff upon request.
*Pursuant to Local Rule 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 Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________ No. 96-40201 Conference Calendar

__________________ BRUCE WAYNE MULLINS, Plaintiff-Appellant,

versus ALVIN G. KHOURY, Judge, 124th District Court, Gregg County, Texas; RUBY COOPER, District Clerk, Gregg County, Texas, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:95-CV-865

- - - - - - - - - - April 19, 1996 Before, DUHÉ, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM: * Bruce Wayne Mullins appeals the dismissal of his civil rights action as frivolous pursuant to 28 U.S.C. § 1915(d). Mullins’s complaint requests an order requiring production of the state trial transcript only. Federal courts have no power to direct state judicial officials in the performance of their functions. Moye v. Clerk, DeKalb County Superior Court , 474 F.2d 1275, 1276 (5th Cir. 1973). Because the complaint had no arguable basis in law, the district court did not abuse its discretion in dismissing the complaint as frivolous. Graves v.No. 96-40201 -2- Hampton , 1 F.3d 315, 317 (5th Cir. 1993). Because this appeal is frivolous, it is DISMISSED. Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983); 5th Cir. R. 42.2 We caution Mullins that any additional frivolous appeals filed by him or on his behalf will invite the imposition of sanctions. To avoid sanctions, Mullins is further cautioned to review any pending appeals to ensure that they do not raise arguments that are frivolous because they have been previously decided by this court.
APPEAL DISMISSED; SANCTION WARNING GIVEN.
#### UNITED STATES v. KEHOE.

Civil Action No. 1045.

District Court, M. D. Pennsylvania.

March 19, 1945.

.See also 50 F.Supp. 432.

Frederick V. Follmer, U. S. Atty., and Arthur A. Maguire, Asst. U. S. Atty., both of Scranton, Pa., for plaintiff.

Leo W. White, of Pittston, Pa., for defendant.

*307JOHNSON, District Judge.

This is a suit filed by the United States for the collection of taxes assessed by the Commissioner of Internal Revenue. The defendant has filed his answer and the plaintiff has filed a motion for summary judgment.

The plaintiff’s motion for summary judgment is supported by an affidavit which does not state, as required by the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, that it is made on the personal knowledge of the affiant. Plaintiff contends that Rule 56 permits a motion for summary judgment to be made with or without supporting affidavits. The plaintiff, having elected to make various allegations in the supporting affidavit and having elected to attach various exhibits to the supporting affidavit, which it must have considered necessary to support the motion, must be governed now by the Rule or supporting affidavits. The supporting affidavit is not made on personal knowledge as is required by the Rule, and is therefore faulty.

It appears further that a substantial question of fact appears in connection with the application of the bar of the statute of limitations to the facts involved; that the assessment in question was made against three other people in addition to the defendant, and a question of fact arises as to the matter of liability of one or of all the parties named in the assessment; that in the supporting affidavit, above mentioned, reference is made to a prior determination of income tax liability for the year 1925, whereas the same reference reveals that all the parties thereto were not made defendants herein; that the assessment in question, as shown by the exhibits accompanying the above mentioned supporting affidavit contains, after the assessment figures, the addition of the word “Fraud”, and that no adjudication of that question, with its attendant penalties additionally assessed, has been made except by the Board of Tax Appeals. The plaintiff contends that the defendant is estopped from having the same issues tried in this court as were tried before the Board of Tax Appeals. It does not appear that the issues tried before the Board of Tax Appeals were identical with those raised in this court, and it does not appear that this is a proper case to dispose of by summary judgment.

Courts should be reluctant to summarily preclude a defendant from a proper determination of the issues where any uncertainty of fact exists.

The motion of the plaintiff for summary judgment is hereby denied.
Exhibit 13 . 1



CERTIFICATION



Pursuant to 18 U.S.C. § 1350, each of the undersigned officers of KUBOTA CORPORATION (the Company), hereby certifies, to such
officers knowledge, that the Companys annual report on Form 20-F for the year ended March 31, 2005 (the Report) fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of
1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



Dated: September 21, 2005



/s/ Daisuke HatakakeDaisuke HatakakePresident and Representative Director(Chief Executive Officer)/s/ Hirokazu NaraHirokazu NaraDirector(Chief Financial Officer)
EX-4.15






Exhibit 4.15




CERTIFICATE OF TRUST




OF




ODYSSEYRE CAPITAL TRUST I




          THIS CERTIFICATE OF TRUST of OdysseyRe Capital Trust I (the “Trust”), dated March 13, 2009, is
being duly executed and filed by The Bank of New York Mellon, a New York banking corporation, as
property trustee, and BNY Mellon Trust of Delaware, a Delaware banking corporation, as Delaware
trustee, to form a statutory trust under the Delaware Statutory Trust Act (12 Del. C.
§§3801, et seq.) (the “Act”).





	 	1.	 	Name. The name of the statutory trust formed hereby is OdysseyRe
Capital Trust I.
	 
	 	2.	 	Delaware Trustee. The name and business address of the trustee of the
Trust with its principal place of business in the State of Delaware are BNY Mellon
Trust of Delaware, White Clay Center, Newark, Delaware 19711.
	 
	 	3.	 	Effective Date. This Certificate of Trust shall be effective upon
filing.





          IN WITNESS WHEREOF, the undersigned, being all of the trustees of the Trust, have duly
executed this Certificate of Trust in accordance with Section 3811(a)(1) of the Act.






	 	 	 	 	 
	 	THE BANK OF NEW YORK MELLON, not in its individual

capacity but solely as property trustee

 	 
	 	By:  	/s/  Timothy W. Casey 	 
	 	 	Name:  	Timothy W. Casey 	 
	 	 	Title:  	Assistant Treasurer 	 
	 	 	 	 	 
	 	BNY MELLON TRUST OF DELAWARE, not in its individual

capacity but solely as Delaware trustee

 	 
	 	By:  	/s/  Kristine K. Gullo 	 
	 	 	Name:  	Kristine K. Gullo 	 
	 	 	Title:  	Vice President
Exhibit
      32.2














CERTIFICATION
      PURSUANT TO


18
      U.S.C.
      SECTION 1350,


AND
      EXCHANGE ACT RULE 13a-14(b)





In
      connection with the accompanying Form 10-Q (the “Report”) of Express Scripts,
      Inc. (the “Company”) for the period ended June 30, 2006, I, Edward Stiften,
      Senior Vice President and Chief Financial Officer of the Company, certify,
      to
      the best of my knowledge, pursuant to 18 U.S.C. § 1350, as adopted pursuant to §
906 of the Sarbanes-Oxley Act of 2002, and Exchange Act Rule 13a-14(b)
      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 results of operations of the
                Company.











BY:
      /s/ Edward
      Stiften


Edward
      Stiften


Senior
      Vice President and Chief Financial Officer


Express
      Scripts, Inc.





Date:  July
      26,
      2006





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Express Scripts, Inc. and will be retained by Express Scripts, Inc. and
      furnished to the Securities and Exchange Commission or its staff upon
      request.
#### The People of the State of New York, Respondent, v Sean Castleberry, Appellant.

[852 NYS2d 858]

Present-Scudder, P.J., Martoche, Smith, Green and Gorski, JJ.
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

May 30, 2007 Clifford W. Taylor,

 Chief Justice 

132886 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 132886 

 COA: 270038 

Macomb CC: 2000-000440-FC 

RANDY JOHN BELLMAN, 

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the December 27, 2006 

order of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). 

s0521 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

May 30, 2007 

 Clerk
EXHIBIT 32.2



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


     In connection with the Quarterly Report of IntegraMed America, Inc. (the
     "Company") on Form 10-Q for the period ended June 30, 2006 as filed with
     the Securities and Exchange Commission on the date hereof (the "Report"), I
     John W. Hlywak, Jr., Chief Financial Officer of the Company, certify,
     pursuant to 18 U.S.C. /s/ 1350, as adopted pursuant to section 906 of the
     Sarbanes-Oxley Act of 2002, that to my knowledge:

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

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



                             /s/:John W. Hlywak, Jr.
                                 -------------------------------
                                 John W. Hlywak, Jr.
                                 Chief Financial Officer
                                 August 11, 2006