alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

_____________

No. 98-2112WA

_____________

Delores A. Stephens, *

*

Appellant, * Appeal from the United States

* District Court for the Western

v. * District of Arkansas.

*

Rheem Manufacturing Company, * [PUBLISHED]

*

Appellee. *

_____________

 Submitted: December 14, 1998

Filed: December 23, 1998

_____________

Before FAGG, HEANEY, and WOLLMAN, Circuit Judges.

_____________

PER CURIAM.

Delores A. Stephens appeals the district court’s grant of summary judgment to

Rheem Manufacturing Company (Rheem) on Stephens’s Title VII sexual harassment

claim and her related state law claims. Relying on our existing case law, the district

court granted summary judgment to Rheem because Stephens presented no evidence

that Rheem knew or should have known about the harassing behavior of Stephens’s

supervisor or that Rheem failed to take proper remedial action once notified of the

alleged harassment. See Callanan v. Runyun, 75 F.3d 1293, 1296 (8th Cir. 1996).

These factors are no longer controlling on the issue of Rheem’s liability however.

After the district court granted summary judgment and before oral argument, the

United
-2-

States Supreme Court decided Burlington Industries, Inc. v. Ellerth, 118 S. Ct. 2257

(1998), and Faragher v. City of Boca Raton, 118 S. Ct. 2275 (1998). In Ellerth and

Faragher, the Supreme Court held that an employer is vicariously liable for a

supervisor’s sexual harassment of an employee when the harassment results in a

tangible employment action such as discharge, undesirable reassignment, or demotion.

See Ellerth, 118 S. Ct. at 2270; Faragher, 118 S. Ct. at 2292-93; see also Newton v.

Cadwell Laboratories, 156 F.3d 880, 883 (8th Cir. 1998). The Court also held that

absent a tangible employment action, the employer will be vicariously liable to the

employee for an actionable hostile work environment created by a supervisor, unless

the employer can prove by a preponderance of the evidence a two-part affirmative

defense. See Ellerth, 118 S. Ct. at 2270; Faragher, 118 S. Ct. at 2293; see also

Newton, 156 F.3d at 883. 

Because the district court did not decide whether Stephens suffered a tangible

employment action, we reverse the grant of summary judgment and remand to give

Stephens the opportunity to show she has a claim for which Rheem is vicariously

liable. See Newton, 156 F.3d at 883-84. If Stephens cannot demonstrate she suffered

a tangible employment action but can show her supervisor’s conduct created an

actionable hostile work environment, Rheem will be entitled to present an affirmative

defense to the hostile work environment claim. See id. We also reverse the grant of

summary judgment on Stephens’s state law claims and remand them for further

consideration by the district court.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
| (logo)  WELLS FARGO | **Commercial  Mortgage Servicing**D1050-084,  8th Floor  401 South Tryon St.  Charlotte, NC 28202  1-800-326-1334 |
|---------------------|-------------------------------------------------------------------------------------------------------------------|

 

 

**ANNUAL STATEMENT OFCOMPLIANCE**

 

Referenceis hereby made to that certain Pooling and Servicing Agreement dated as of May1, 2013, by and among GS Mortgage Securities Corporation II, as Depositor,Wells Fargo Bank, National Association, as Master Servicer and CertificateAdministrator, Rialto Capital Advisors, LLC, as Special Servicer, SitusHoldings, LLC, as Operating Advisor and Deutsche Bank Trust Company Americas asTrustee, with respect to Commercial Mortgage Pass-Through GSMS CertificatesSeries 2013-GCJ12 (the "Agreement"). Capitalized terms used hereinnot otherwise defined shall have the meanings assigned in the Agreement.

 

Pursuantto Section 10.07 of this Agreement, I, Daniel Bober, Executive Vice Presidentof Commercial Mortgage Services do hereby certify that:

 

1. A review of the activities of the Master Servicer during the period fromJanuary 1, 2017 through December 31, 2017 (the “Reporting Period”), and of itsperformance per the Agreement during such period has been made under mysupervision, and

 

2. To the best of my knowledge, based on such review, the Master Servicer hasfulfilled all of its obligations under the Agreement in all material respectsthroughout the Reporting Period.

 

 

INWITNESS WHEREOF, the undersigned has executed this Certificate as of the 28thday of February 2018.

 

 

/s/Daniel Bober

DanielBober

ExecutiveVice President

WellsFargo Bank

 

 

WellsFargo Bank,N.A                                                                         (logo)Together we’ll go far
EXHIBIT 32.1

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

In connection with the Quarterly Report of Zunicom, Inc. (the "Company") on Form
10-Q for the period ending  September 30, 2003 as filed with the  Securities and
Exchange  Commission on the date hereof (the  "Report"),  I, William Tan,  Chief
Executive Officer of the Company certify, pursuant to 18 U.S.C. Section 1350, as
enacted 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 results of operations of the Company.

/s/ William Tan
---------------------
William Tan

Chief Executive Officer

November 14, 2003
































                                       29
#### David A. ROBERTS, Plaintiff-Appellant, v. John NICHOLAS, individually and in his official capacity as Commissioner of Maine Department of Health and Human Services; Peter Walsh, individually and in his official capacity as Commissioner of Maine Department of Health and Human Services; Kevin W. Concannon, individually and in his official capacity as Commissioner (former) of Maine Department of Health and Human Services; Mark O. Van Valkenburgh, individually and in his official capacity as agent for the Maine Department of Health and Human Services; Ingrid B. Lapointe, individually and in her official capacity as agent for the Maine Department of Health and Human Services; Annemarie Johnson, individually and in her official capacity as agent for the Maine Department of Health and Human Services; Loretta Dumond, individually and in her official capacity as agent for the Maine Department of Health and Human Services; Maine Department of Health & Human Services, Defendants-Appellees.

No. 07-1472.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 7, 2007.

Decided: Jan. 9, 2008.

David A. Roberts, Appellant Pro Se. Joseph B. Spillman, Assistant Attorney General, Office of the Attorney General of Maryland, Baltimore, Maryland; Christopher Coles Taub, Office of the Attorney General, Augusta, Maine, for Appellees.

Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

David A. Roberts appeals the district court’s order granting Defendants’ Fed. *472R.Civ.P. 12(b)(6) motion. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Roberts v. Nicholas,*No. 1:04-cv-02039-WDQ (D.Md. Jan. 26, 2007). 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.

*AFFIRMED.*
U.S. BUREAU OF LABOR STATISTICS COMPENSATION AND WORKING CONDITIONS

Page 1

Qualified Employer Retirement Plans and Deemed Individual Retirement

Arrangements

by John Buckley

Originally Posted: February 26, 2003

Current tax law allows workers to be covered by an employer retirement plan and also establish their own Individual

Retirement Arrangement (IRA). Workers having both of these retirement arrangements are subject to various restrictions. For

example, those covered by an employer plan who exceed certain income levels cannot deduct their IRA contributions from

their income for tax purposes. The interrelationship between these different retirement arrangements has recently changed.

The Internal Revenue Service announced, "For plan years beginning after 2002, [establishments with] a qualified employer

plan (retirement plan) can maintain a separate account or annuity under the plan (a deemed IRA) to receive voluntary

employee contributions. If the separate account or annuity otherwise meets the requirements of an IRA, it will only be subject

to IRA rules. An employee’s account can be treated as a traditional IRA or a Roth IRA."

"For this purpose, a qualified employer plan’ includes: • A qualified pension, profit-sharing, or stock bonus plan (section 401(a) plan), • A qualified employee annuity plan (section 403(a) plan), • A tax-sheltered annuity plan (section 403(b) plan), and

• A deferred compensation plan (section 457(b) plan) maintained by a state, a political subdivision of a state, or an

agency or instrumentality of a state or political subdivision of a state."

Source: "Important Changes for 2003," in Individual Retirement Arrangements (IRAs), Publication 590 (Internal Revenue

Service), p. 4.

U.S. Bureau of Labor Statistics | Division of Information and Marketing Services, PSB Suite 2850, 2 Massachusetts Avenue, NE Washington, DC

20212-0001 | www.bls.gov/OPUB | Telephone: 1-202-691-5200 | Contact Us
Exhibit 32.1

    CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER
                                   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 accordance with 18 U.S.C. 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, in his or her
capacity as an officer of e.Digital Corporation (the "Company"), that, to his or
her knowledge, the Quarterly Report of the Company on Form 10-Q for the period
ended September 30, 2006, fully complies with the requirements of Section 13(a)
or Section 15(d) of the Securities Exchange Act of 1934 and that the information
contained in such report fairly presents, in all material respects, the
financial condition and results of operation of the Company.

Dated: November 9, 2006

         /s/ Robert Putnam

         Robert Putnam,
         Interim Chief Accounting Officer
         (Principal Financial Officer)



Dated: November 9, 2006

         /s/ William Blakeley

         William Blakeley,
         President and Chief Technical Officer,
         (Principal Executive Officer)
**Exhibit 31.2**

 

CERTIFICATION PURSUANT TO

15 U.S.C. SECTION 7241 AS ADOPTED PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

 

I, D. Hughes Watler, Jr., certify that:

 

1.I have reviewed this annual report on Form 10-K/A of Rapid Therapeutic Science Laboratories, Inc. (the “registrant”); 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. 

 

Date:  August 26, 2020

 

/s/ D. Hughes Watler, Jr.

D. Hughes Watler, Jr.

Chief Financial Officer

(Principal Financial Officer)
ARROW
      INTERNATIONAL, INC.  **Exhibit
        32.2**
 
 **Section
        1350 Certification of the Chief Financial Officer**
 
 In
          connection with the Quarterly Report on Form 10-Q for the quarterly period
          ended
          February 28, 2007 of Arrow International, Inc., a Pennsylvania corporation
          (the
“Company”), as filed with the Securities and Exchange Commission on the date
          hereof (the “Report”), I, Frederick J. Hirt, the Senior Vice President of
          Finance and Chief Financial Officer of the Company, hereby certify pursuant
          to
          18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
          2002, to my knowledge and based upon a review of the Report, 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 as of
          the dates
          and periods presented as required by such Report.
 
 This
          certification is based upon, among other things, my responsibilities as
          Chief
          Financial Officer of the Company, my own due diligence and representations
          made
          by certain other members of the Company’s senior management.
 
 Date:
          April 9, 2007
 /s/
                  Frederick J.
                  Hirt
                Frederick
                  J. Hirt
                Chief
                  Financial Officer and Senior Vice President of Finance
                (Principal
                  Financial Officer and Chief Accounting
                  Officer)
<TABLE> <S> <C>


<ARTICLE>                                           7




<S>                             <C>
<PERIOD-TYPE>                                  3-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-END>                                   JUN-30-1999
<DEBT-HELD-FOR-SALE>                           72,785
<DEBT-CARRYING-VALUE>                               0
<DEBT-MARKET-VALUE>                                 0
<EQUITIES>                                     26,553
<MORTGAGE>                                        162
<REAL-ESTATE>                                   3,496
<TOTAL-INVEST>                                107,624
<CASH>                                          5,949
<RECOVER-REINSURE>                                 69
<DEFERRED-ACQUISITION>                          4,348
<TOTAL-ASSETS>                                131,640
<POLICY-LOSSES>                                78,377
<UNEARNED-PREMIUMS>                               212
<POLICY-OTHER>                                  1,367
<POLICY-HOLDER-FUNDS>                          15,974
<NOTES-PAYABLE>                                 6,255
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                        1,794
<OTHER-SE>                                     22,771
<TOTAL-LIABILITY-AND-EQUITY>                  131,640
<PREMIUMS>                                     10,164
<INVESTMENT-INCOME>                             3,115
<INVESTMENT-GAINS>                              3,954
<OTHER-INCOME>                                     95
<BENEFITS>                                      8,350
<UNDERWRITING-AMORTIZATION>                       683
<UNDERWRITING-OTHER>                            4,891
<INCOME-PRETAX>                                 3,794
<INCOME-TAX>                                    1,095
<INCOME-CONTINUING>                             2,699
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                    2,699
<EPS-BASIC>                                    1.50
<EPS-DILUTED>                                    1.50
<RESERVE-OPEN>                                      0
<PROVISION-CURRENT>                                 0
<PROVISION-PRIOR>                                   0
<PAYMENTS-CURRENT>                                  0
<PAYMENTS-PRIOR>                                    0
<RESERVE-CLOSE>                                     0
<CUMULATIVE-DEFICIENCY>                             0



</TABLE>
**EXHIBIT 31.A****CERTIFICATION**I, James J. Cleary, certify that:1. I have reviewed this Annual Report on Form 10-K of Colorado Interstate Gas Company;2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to theperiod covered by this report;3. Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, the periodspresented in this report;4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have:(a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;(b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and(c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscalquarter (the registrant’s fourth fiscal quarter in the case of an annual report)that has materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting.5. The registrant’s other certifying officer(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming the equivalent functions):(a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and reportfinancial information; and(b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.Date: March 3, 2006         */s/ James J. Cleary*   James J. Cleary   Chairman of the Board and President
**Exhibit 31.1**

 

CERTIFICATION PURSUANT TO

15 U.S.C. SECTION 7241 AS ADOPTED PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

 

I, Donal R. Schmidt, Jr., certify that:

 

1.I have reviewed this annual report on Form 10-K/A of Rapid Therapeutic Science Laboratories, Inc. (the “registrant”); 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. 

 

Date:  August 26, 2020

 

/s/ Donal R. Schmidt, Jr.

Donal R. Schmidt, Jr.

Chief Executive Officer

(Principal Executive Officer)
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.                  

###### Federal Reserve System

The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than September 19, 2017.

*A. Federal Reserve Bank of Chicago*                     (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:                

                    1.                     *Jennifer S. LeClair, St. Charles, Missouri, Joseph M. Leng, Primghar, Iowa, Jamey M. Rehder, Granville, Iowa, and Jeffrey J. Leng, Primghar, Iowa;*                     to join the Leng Family Control Group and thereby retain shares of Capital Bancshares, Inc., Primghar, Iowa, and thereby indirectly retain shares of Savings Bank, Primghar, Iowa.                

Board of Governors of the Federal Reserve System, August 31, 2017.

Yao-Chin Chao,

Assistant Secretary of the Board.

[FR Doc. 2017-18894 Filed 9-6-17; 8:45 am]

 BILLING CODE P
Exhibit 33.8



LOGO

February 26, 2016

Managements Assertion on

Compliance with
Regulation AB Criteria

Newmark Realty Capital, Inc. and NRC Group Inc., a California Corporation with identical management and ownership (the
Asserting Party) is responsible for assessing compliance, as of December 31, 2015, and for the year then ended (the Reporting Period), with the servicing criteria set forth in Title 17, Section 229.1122(d) of the Code of Federal
Regulations (the CFR), excluding the criteria set forth in Sections 229.1122(d) (1) (ii)-(iii), in the CFR, which the Asserting Party has concluded are not applicable to the activities it performs with respect to the servicing of the
asset-backed securitization transactions covered by this report (such criteria, after giving effect to the exclusions identified above, the Applicable Servicing Criteria). The transactions covered by this report include all transactions
conducted by the Asserting Party that relate to asset-backed securities serviced during the Reporting Period (the Platform).

Appendix A
identifies the asset-backed securities defined by management as constituting the Platform.

The Asserting Party has assessed compliance with the
Applicable Servicing Criteria for the Reporting Period and has concluded that such party has complied, in all material respects, with the Applicable Servicing Criteria as of December 31, 2015 and for the Reporting Period with respect to the Platform
taken as a whole.

Armanino LLP, an independent registered public accounting firm, has issued an attestation report with respect to managements
assessment of compliance with the Applicable Servicing Criteria as of December 31, 2015, and for the Reporting Period as set forth in this assertion.

NRC Group, Inc.



|           |  |     
|---------- |  | ----
|Signature: |  | LOGO
|           |  |     
|Title:     |  | LOGO
|           |  |     

595 MARKET STREET, SUITE 2500, SAN FRANCISCO, CA 94105 (415) 956-7600 FAX (415) 956-4434

SAN FRANCISCO  LOS ANGELES  NEWPORT BEACH  SACRAMENTO  
SEATTLE  SPOKANE  PHOENIX  LAS VEGAS