alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6070
SHERMAN ROSS, Plaintiff - Appellant, versus RON ANGELONE, Director; VIRGINIA DEPARTMENT OF CORRECTIONS; COMMONWEALTH OF VIRGINIA; UNITED STATES OF AMERICA, Defendants - Appellees.Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. J. Calvitt Clarke, Jr., Senior District Judge. (CA-96-964-2) Submitted: August 14, 1997 Decided: August 21, 1997 Before NIEMEYER, Circuit Judge, and BUTZNER and PHILLIPS, Senior Circuit Judges. Dismissed by unpublished per curiam opinion. Sherman Ross, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).1 See 28 U.S.C. § 1292 (1994); FED . R. C IV . P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 (1949). 2 See Domino Sugar Corp. v. Sugar Workers Local Union 392 , 10 F.3d 1064 (4th Cir. 1993). 2 PER CURIAM: Appellant appeals the dismissal without prejudice of his 42 U.S.C. § 1983 (1994) complaint. Appellant's complaint was dismissed without prejudice to his right to resubmit the case with the court ordered questionnaire. This court may exercise jurisdiction only over final orders, and certain interlocutory and collateral orders. 1 Because Appellant may be able to save this action by filing the court ordered questionnaire, the dismissal order which Appellant seeks to appeal is not an appealable final order. 2 Accordingly we dismiss the appeal. 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
Exhibit 32.2

SECTION 906 CERTIFICATION

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 amended quarterly report of Emergency Filtration
Products, Inc. (the "Company") on Form 10-QSB for the quarter ending March 31,
2004, as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Steve M. Hanni, Principal Financial 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, to the best of my knowledge and
belief:

 (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.


/s/ Steve M. Hanni
Steve M. Hanni, Principal Financial Officer

Date: May 14, 2004


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 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 99.6

# CERTIFICATIONREQUIRED BY RULE
13a-14(b) OR RULE 15d-14(b) AND SECTION 1350 OF
CHAPTER 63 OF TITLE 18 OF THE UNITED STATES CODE

Wescast Industries Inc. (the Company) is filing its annual report on Form 40-F
for the fiscal year ended January 2, 2005 (the Report) with the United States
Securities and Exchange Commission.

I, Edward G. Frackowiak, Chairman and 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 to the best of 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

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.

Date: March 30, 2005

| |                                            
| | -------------------------------------------
| | /s/ Edward G. Frackowiak                   
| | Name: Edward G. Frackowiak                 
| | Title: Chairman and Chief Executive Officer

---



# CERTIFICATIONREQUIRED BY RULE
13a-14(b) OR RULE 15d-14(b) ANDSECTION 1350 OF
CHAPTER 63 OF TITLE 18 OF THE UNITED STATES CODE

Wescast Industries, Inc. (the Company) is filing its annual report on Form
40-F for the fiscal year ended January 2, 2005 (the Report) with the United
States Securities and Exchange Commission.

I, Gordon E. Currie, Vice President and Chief Financial 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 to the best of 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

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.

Date: March 30, 2005

| |                                                  
| | -------------------------------------------------
| | /s/ Gordon E. Currie                             
| | Name: Gordon E. Currie                           
| | Title: Vice President and Chief Financial Officer
#### Gold Sun Shipping Limited et al., Appellants, v Ionian Transport Inc. et al., Respondents.

[666 NYS2d 677]

—In an action, *inter alia,*to recover damages for fraud, breach of implied contract, and breach of fiduciary duty, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Scarpino, J.), entered December 4, 1996, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof which granted that branch of the *421defendants’ motion which was for summary judgment dismissing the plaintiffs’ cause of action to recover damages for breach of implied contract, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

The complaint alleges that in April 1989 the defendants wrongfully collected and retained certain insurance proceeds which belong to the plaintiffs. The complaint purports to state causes of action to recover damages for fraud, breach of implied contract, and breach of fiduciary duty. The Supreme Court granted the defendants’ motion for summary judgment dismissing the complaint holding that the action, in reality, sounded in conversion and therefore was barred by the three-year Statute of Limitations applicable to conversion actions *(see,*CPLR 214).

The facts set forth in the complaint clearly allege a cause of action to recover damages for conversion *(see, Meese v Miller,*79 AD2d 237). Therefore, the three-year Statute of Limitations for conversion is applicable. Since the cause of action alleging fraud was merely incidental to the conversion cause of action, and the only purpose it serves in the complaint is to avoid the Statute of Limitations *(see, Brick v Cohn-Hall-Marx Co.,*276 NY 259; *Garber v Ravitch,*186 AD2d 361; *Powers Mercantile Corp. v Feinberg,*109 AD2d 117), the cause of action alleging fraud was properly dismissed.

The cause of action alleging breach of fiduciary duty and the demand for the imposition of a constructive trust were also properly dismissed based on the three-year Statute of Limitations applicable to conversion, because the legal remedy for conversion would have afforded the plaintiffs full and complete relief *(see, Keys v Leopold,*241 NY 189, 192; *Schreibman v Chase Manhattan Bank,*15 AD2d 769).

However, the court should not have dismissed the plaintiffs’ cause of action to recover damages for breach of an implied contract, which is subject to a six-year Statute of Limitations *(see, Board of Educ. v Jones,*205 AD2d 486; *see also, Matter of First Natl. City Bank v City of N. Y. Fin. Admin.,*36 NY2d 87). Where, as here, a complaint alleges facts which support causes of action alleging conversion and breach of an implied contract, the plaintiff may waive the conversion cause of action and proceed on a breach of an implied contract theory to which a six-year Statute of Limitations period is applicable *(see, Baratta v Kozlowski,*94 AD2d 454, 464; *Schreibman v Chase Manhattan Bank, supra,*at 770). Bracken, J. P., O’Brien, Thompson and Altman, JJ., concur.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7030
CHARLES JONES, a/k/a Nicholas Warner Jones, Plaintiff - Appellant, versus JACK KAVANAUGH, Deputy, Maryland Department of Corrections Commissioner; PEGUESE JAMES, Current Managing Warden, Defendants - Appellees. Appeal from the United States District Court for the District ofMaryland, at Baltimore. Richard D. Bennett, District Judge. (CA02-3002-RDB) Submitted: September 30, 2003 Decided: October 8, 2003 Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. Charles Jones, Appellant Pro Se. Glenn William Bell, Joseph Francis Curran, Jr., OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Charles Jones appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Jones v. Kavanaugh , No. CA-02-3002-RDB (D. Md. filed June 11, 2003; entered June 12, 2003). 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
Exhibit 32.1

SECTION 906 CERTIFICATION

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 amended quarterly report of Emergency Filtration
Products, Inc. (the "Company") on Form 10 QSB for the quarter ending June 30,
2003, as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Douglas K. Beplate, Principal 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, to the best of my
knowledge and belief:

 (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.


/s/ Douglas K. Beplate
Douglas K. Beplate, Principal Executive Officer

Date: October 24, 2003


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 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

                            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 Intermost Corporation (the "Company")
on Form 10-QSB for the period ending September 30, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Andy
Lin, Chief Executive Officer and Chief Financial 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 Report fully complies with the requirements of section 3(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 results of operations of the
Company.


                                            /s/ Andy Lin
                                            -----------------------------
                                            Andy Lin
                                            Chief Executive Officer and
                                            Chief Financial Officer
November 19, 2004
#### In the Matter of Jamie Marie B. Ann Marie B., Appellant; St. Christopher-Ottilie, Respondent.

[666 NYS2d 479]

—In a proceeding pursuant to Social Services Law § 384-b to terminate the parental rights of Ann Marie B., the appeal is from an order of disposition of the Family Court, Kings County *448(Ambrosio, J.), dated January 30, 1996, which, after fact-finding and dispositional hearings, terminated her parental rights.

Ordered that the order of disposition is affirmed, without costs or disbursements.

The termination of the mother’s parental rights was supported by a preponderance of the evidence *(see, Matter of Star Leslie W.,*63 NY2d 136, 147). The Family Court acted within its discretion by refusing to dismiss the proceeding or suspend judgment *(see,*Family Ct Act §§ 631, 633). Bracken, J. P., Thompson, Krausman and Luciano, JJ., concur.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-1506

RANDY VEROME THOMAS, Plaintiff - Appellant, versus GLIDDEN COMPANY, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (CA-96-3176-2-18AJ) Submitted: July 22, 1998 Decided: August 5, 1998 Before ERVIN, MICHAEL, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion.Randy Verome Thomas, Appellant Pro Se. Derek Farrell Dean, LAW OFFICES OF KEATING L. SIMONS, III, P.A., Charleston, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM:Appellant appeals the district court’s order dismissing Appellant’s civil action. We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Thomas v. Glidden Company , No. CA96-3176-2-18AJ (D.S.C. Mar. 4, 1998). 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
<PAGE>

                                                                 Exhibit 23

                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


     As independent public accountants, we hereby consent to the use of our 
report dated February 4, 1997 (except with respect to the matter discussed in 
Note 12, as to which the date is February 13, 1997), covering the financial 
statements of Duff & Phelps Credit Rating Co. and to all references to our 
firm included in or made part of this Form 10-K of Duff & Phelps Credit 
Rating co. and the company's previously filed Registration Statements on 
Form S-8 No.'s 33-86448, 33-88186 and 333-1440, and Form S-3 No. 333-11823. 
It should be noted that we have not audited any financial statements of the 
company subsequent to December 31, 1996, or performed any audit procedures 
subsequent to the date of our report.

                                            ARTHUR ANDERSEN LLP

Chicago, Illinois
March 24, 1997
EX-10.1



 Exhibit 10.1 

[AHC Letterhead] 
 December 11, 2014 

Mr. Dan Blizzard 
 Senior Vice President &
Secretary 
 A. H. Belo Corporation 
 Dear Dan: 

This letter will summarize the terms of your departure from A. H. Belo Corporation. I would like for you to continue to serve in your current capacity through
the Annual Meeting of Shareholders on May 15, 2015 or until you find other employment, whichever comes first. Upon your departure, you will be eligible to receive the following: 

I. Severance 
 16 Weeks of
Base Pay 
 6 Months of COBRA Premiums 

Payment of severance is contingent on the execution of a Confidential Severance Agreement and General Release. 

II. Bonus 
 Any cash bonus
you have earned based upon the Company’s 2014 financial performance will be paid, subject to the final approval of the Compensation Committee of the Company’s 2014 financial performance metrics at their meeting on February 3, 2015.
Payment of your cash bonus based upon your Individual Non-Financial Performance Objectives will be paid at 100% on the earlier of (i) February 3, 2015 and (ii) your last day of employment with the Company, but in no event before
December 31, 2014. 
 III. Equity and LTI Payouts 

Regardless of when you depart the Company, you meet the retirement eligibility requirements under the Company’s Incentive Compensation
Plan. As such, all unvested Time-Based Restricted Share Units and Long-Term Cash Incentives will automatically vest upon termination and will be paid six months after your termination date in order to comply with IRS Section 409A regulations.








 [AHC Letterhead] 

IV. Benefits 
 Benefits
for you and any covered dependents will continue through May 31, 2015. If you voluntarily resign prior to May 15, 2015, you will be covered under the Company’s benefit plans through the end of the month in which you resign. 

V. Outplacement 
 We will
provide you outplacement services in the amount of $2,500. 
 VI. Consulting Agreement 

The Company will enter into a Consulting Agreement with you for a term from May 15, 2015 through February 15, 2016 and at a rate of
$5,384.62 per week. This amount was determined by dividing your current base salary of $280,000 by 52. Termination of this Consulting Agreement by the Company shall result in accelerated payments that would have been made during the remainder of the
term. 
 Please contact me if you have any questions. 

Sincerely, 
 A.H. Belo Corporation 

 

	
	/s/ Jim M. Moroney, III
	 Chairman of the Board, President and
 Chief
Executive Officer
FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL ROBERT PULIDO, 

Petitioner-Appellee, No. 05-15916

v.  D.C. No.

CHRIS CHRONES, CV-99-04933-CW

Respondent-Appellant. 

MICHAEL ROBERT PULIDO, 

No. 05-16308 Petitioner-Appellant,

D.C. No.

v.  CV-99-04933-CW

CHRIS CHRONES,

ORDER Respondent-Appellee. 

Filed June 9, 2009

Before: Alfred T. Goodwin, Diarmuid F. O’Scannlain, and

Sidney R. Thomas, Circuit Judges.

ORDER

Petitioner-Appellant’s Petition for Reconsideration of Dispositive Order, filed with this court on March 31, 2009 is

GRANTED. The Order remanding the case, filed March 20,

2009 is VACATED. 

Petitioner-Appellant’s Motion to file Supplemental Brief

Following Supreme Court Remand, filed March 10, 2009 is

GRANTED and Petitioner-Appellant’s Supplemental Brief is

ordered FILED. 

6829
Respondent-Appellant is directed to file a responsive brief

to Petitioner-Appellee’s Supplemental Brief to address the

application of the harmless error standard of Brecht v.

Abrahamson, 507 U.S. 619 (1993). Respondent-Appellant

shall respond within fourteen (14) days of the date of this

order, and Respondent-Appellant shall provide this court with

ten (10) copies.

6830 PULIDO v. CHRONES

PRINTED FOR

ADMINISTRATIVE OFFICE—U.S. COURTS

BY THOMSON REUTERS/WEST—SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted

© 2009 Thomson Reuters/West.
**Exhibit****32.1**

 

**CERTIFICATIONPURSUANT TO****18 U.S.C.SECTION 1350,****AS ADOPTEDPURSUANT TO****SECTION906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of Great WesternBancorporation, Inc. (“Great Western”) on Form 10-Q for the three month periodended September 30, 2003 as filed with the Securities and Exchange Commissionon the date hereof (the “Report”), I, Deryl F. Hamann, Chief Executive Officerof Great Western, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best ofmy knowledge:

 

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

(2)                                  The information contained in theReport fairly presents, in all material respects, the financial condition andresults of operation of Great Western.

 
|   | */s/ Deryl F. Hamann*                                  |   |
|--------|--------------------------------------------------------|--------|
|   | Deryl F. Hamann, Chairman  and Chief Executive Officer |

 

1

----
|   | 1. | The      Company’s Quarterly Report on Form 10-Q for the period ended March 31,      2010, to which this Certification is attached as Exhibit 32 (the “Periodic      Report”), fully complies with the requirements of Section 13(a) or Section      15(d) of the Securities Exchange Act of 1934, as amended;    and |
|--------|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | 2. | The      information contained in the Periodic Report fairly presents, in all      material respects, the financial condition of the Company at the end of      the period covered by the Periodic Report and results of operations of the      Company for the period covered by the Periodic  Report. |
|--------|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:  May      5, 2010 |   |                               |   |
|------------------------------------|--------|------------------------------------|--------|
|                               |   |                               |   |
| /s/ Peter A. Michel                |   | /s/ Lincoln Zehr                   |   |
|                               |   |                               |   |
|  Peter      A. Michel         |   |  Lincoln      Zehr            |   |
|  Chief      Executive Officer |   |  Chief      Financial Officer |   |

----
**EXHIBIT
      32.1**








**CERTIFICATION
      PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**


**(18
      U.S.C. SECTION 1350)**





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), the undersigned
      officer of Payment Data Systems, Inc., a Nevada corporation (the “Company”),
      does hereby certify, to such officer's knowledge, that:





The
      Quarterly Report on Form 10-Q for the quarter ended September 30, 2008 (the
      “Form 10-Q”) of the Company fully complies with the requirements of Section
      13(a) or 15(d) of the Securities Exchange Act of 1934, and 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:
      November 14, 2008





By:
            /s/
                Michael R. LongMichael
                R. LongChief
                Executive Officer,Chief
                Financial Officerand
                Principal Accounting Officer