alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 4.1  


SEE REVERSE SIDE FOR RESTRICTIVE LEGEND(S)  



	NUMBER

COM-            	 	*            * SHARES

COMMON STOCK




ONCOTHYREON INC.
  INCORPORATED UNDER THE LAWS

OF THE STATE OF DELEWARE 


        This Certifies That
                                         
        is the record holder of
                                         
        (                  ) fully paid and nonassessable shares of Common Stock of
ONCOTHYREON INC., transferable only on the books of the said Corporation by the holder hereof in person or by a duly authorized attorney upon
surrender of this certificate properly endorsed or assigned. 


        This
certificate and the shares it represents are subject to the provisions of the Certificate of Incorporation and the Bylaws of the corporation, and any amendments thereto, as well as
the restrictive legends on the back of this certificate. Upon request, stockholders may obtain free of charge from the corporation's principal office a statement describing the preferences,
limitations and relative rights granted to or imposed upon each class or series of shares or upon the holders of such shares. 



        IN
WITNESS WHEREOF, the said Corporation has caused this certificate to be signed by its duly authorized officers this              day of
                        , 20        . 



	
	 	

	    Robert L. Kirkman	 	    Edward A. Taylor
	    President and Chief Executive Officer	 	    Secretary










THE
SECURITIES REPRESENTED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 (THE "ACT") AND MAY NOT BE OFFERED, SOLD OR OTHERWISE
TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER THE ACT OR, IN THE OPINION OF COUNSEL SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR
HYPOTHECATION OTHERWISE COMPLIES WITH THE ACT. 


FOR
VALUE RECEIVED, THE UNDERSIGNED HEREBY SELLS, ASSIGNS AND TRANSFERS UNTO
                                      ,
                        
SHARES REPRESENTED BY THIS CERTIFICATE AND DOES HEREBY IRREVOCABLY CONSTITUTE AND APPOINT
                                       ATTORNEY TO
TRANSFER SAID SHARES ON THE SHARE
REGISTER OF THE CORPORATION WITH FULL POWER OF SUBSTITUTION IN THE PREMISES. 



	DATED	 	 	 	 
	 	 	
	 	 
	

 	
 	

 	
 	

 
	 	 	 	 	

	 	 	 	 	(Signature)





NOTICE:
The signature on this assignment must correspond with the name as written upon the face of this certificate, in every particular, without alteration or enlargement, or any change whatsoever
<PAGE>
                                 QCS CORPORATION                 (Exhibit 11.1) 
                        COMPUTATION OF NET LOSS PER SHARE
                                  (Unaudited)
                                 -------------


<TABLE>
<CAPTION>
                                                            SEPTEMBER 30, 1996     SEPTEMBER 30, 1995
<S>                                                         <C>                    <C>
Net loss                                                      $  (572,921)            $  (401,675)

Preferred dividend payable not included in net loss               (60,779)                      -
                                                              -----------             -----------

Net loss for net loss per share computation                   $  (633,700)            $  (401,675)
                                                              -----------             -----------
                                                              -----------             -----------

Weighted average number of common shares outstanding           16,803,129              15,536,000
                                                              -----------             -----------
                                                              -----------             -----------

Net loss per share of common stock                            $     (0.04)            $     (0.03)
                                                              -----------             -----------
                                                              -----------             -----------

</TABLE>

             See notes to unaudited consolidated financial statements.


                                      -11-
Exhibit 32.2





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Annual Report of Secured Income L.P. (the “Registrant”) on Form 10-K/A for the year ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, James Hussey, Chief Financial Officer of Wilder Richman Resources Corporation, a general partner of the Registrant, 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 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 Registrant.









/s/James Hussey


James Hussey


Chief Financial Officer of Wilder Richman


Resources Corporation, a general partner of


the Registrant


October 26, 2011




---
Exhibit 32.2



CERTIFICATION OF COO 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 of American Land Lease (the Company) for the annual period ended December 31, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the Report), Robert G. Blatz, as Chief Operating Officer of the Company hereby certifies, to the best of his knowledge, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



(1) The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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/    ROBERT G. BLATZ 
|Name:  |  | Robert G. Blatz        
|Title: |  | Chief Operating Officer



Date:
March 11, 2005



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.
#### UNITED STATES of America, Plaintiff-Appellee v. Kevin A. ALLEN, Defendant-Appellant.

No. 09-30975

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Dec. 17, 2010.

Duane A. Evans, Assistant U.S. Attorney, Helen Diane Copes, Esq., Assistant U.S. Attorney, Stephen Andrew Higginson, Assistant U.S. Attorney, U.S. Attorney’s Office, New Orleans, LA, for Plaintiff-Appellee.

Deborah Ann Pearce, Law Offices of Deborah Pearce, New Orleans, LA, for Defendant-Appellant.

Before KING, BENAVIDES, and ELROD, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Kevin A. Allen has moved for leave to *934withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Allen has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *934the limited circumstances set forth in 5th Cir. R. 47.5.4.
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#   White Buck Coal Co., Docket No. WEVA 2011-1361; H & K Materials, Inc., Docket No. PENN 2011-308-M; and Graymont (PA) Inc., Docket No. PENN 2011-258-M.

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#### 1331 Pennsylvania Avenue, NW,Suite 520NWashington, DC 20004-1710Phone: 771-210-1887 TTY/TDD (202)434-4000 ext. 293E-mail: fmshrc@fmshrc.gov
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## Court of Appeals Fifth District of Texas at Dallas
No. 05-14-01101-CV IN RE CARLISLE COATINGS & WATERPROOFING, INC., Relator Original Proceeding from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-02576-2014



### MEMORANDUM OPINION Before Justices Bridges, Fillmore, and Evans Opinion by Justice Bridges Relator filed this petition for writ of mandamu s requesting that the Court direct the trial court to vacate its August 12, 2014 order denying relator’s motion to quash its deposition and ordering relator to produce a designated corporat e representative for deposition within 21 days of the date of the trial court’s order. The facts an d issues are well-known to the parties, so we do not recount them here. Although relator has provided an appendix in support of its petition for writ of mandamus, the appendix does not comply with rule 52.3(k) of the Texas Rules of Appellate Procedure. Rule 52.3(k) require s that the appendix contain “a certified or swor n copy of any order complained of, or any other document showing the ma tter complained of.” T EX
. R. A PP
. P. 52.3(k). The documents attached to relator's petition are not sworn or certified copies as required by rule 52.3(k). Becaus e relator has failed to authen ticate the mandamus record as–2– required by the rules of appellate procedure, it has failed to establish her right to relief. T EX
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A PP
. P. 52.8. Accordingly, we deny the petition.

141101F.P05 /David L. Bridges/ DAVID L. BRIDGES JUSTICE
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

NEWS RELEASE

Office of the Executive Director

Washington, D.C.

Contact: Lisa M. Boyd Release No. 13-02

Executive Director August 7, 2013

(202) 434-9905

lboyd@fmshrc.gov

ROBERT F. COHEN, JR. SWORN IN AS COMMISSIONER

OF THE FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

Robert F. Cohen, Jr. of Morgantown, West Virginia, was sworn in today as a Commissioner of 

the Federal Mine Safety and Health Review Commission. He was nominated by President 

Barack Obama on January 3, 2013, for a term expiring August 30, 2018. 

Commissioner Cohen was appointed as a Member of the Federal Mine Safety and Health Review 

Commission in 2008. Prior to this appointment, he worked as a trial and appellate attorney in 

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then at the law firm of Cohen, Abate, and Cohen from 1984 to 2008. From 1970 to 1972, he was 

a community outreach worker at Harvard University’s Center for Law and Education, and from 

1968 to 1970, he was a community organizer in Providence, Rhode Island. Commissioner

Cohen received a B.A. from Brown University and a J.D. from Boston University Law School.

The Federal Mine Safety and Health Review Commission is an independent adjudicative agency 

that provides administrative trial and appellate review of legal disputes arising under the Federal 

Mine Safety and Health Act of 1977.
#### Raymond J. FIERRO, Plaintiff-Appellant v. Jack ROBISON; Ernest Wayne Flores; Dib Waldrip; Kathy H. Faulkner, Defendants-Appellees.

No. 10-50025

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Dec. 27, 2010.

Raymond J. Fierro, Amarillo, TX, pro se.

Before WIENER, PRADO, and OWEN, Circuit Judges.

*926PER CURIAM: *

Plaintiff-Appellant Raymond J. Fierro, Texas prisoner # 1295462, appeals the dismissal of his “complaint” in federal common law against the trial judge in his criminal trial, the district attorney, the court reporter, and the clerk of court. He alleged that the state officials falsified the appellate record in his conviction for three counts of injury to a child in violation of First, Fifth, Sixth, Seventh, Eighth, and Fourteenth Amendments, as well as 18 U.S.C. §§ 1001 and 1018. The district court dismissed the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(ii) and § 1915A(b)(l) insofar as it was a 42 U.S.C. § 1983 civil rights action and alternatively pursuant to 28 U.S.C. § 2244(b)(3)(A) as unauthorized successive 28 U.S.C. § 2254 application. Fierro has filed a motion for leave to proceed in forma pauperis (IFP) on appeal, challenging the district court’s denial of IFP status and certification that his appeal would not be taken in good faith. *See Baugh v. Taylor,*117 F.3d 197, 202 (5th Cir.1997); 1915(a)(3); Fed. R.App. P. 24(a)(3).

Fierro insists that his “complaint” does not arise under § 1983 or § 2254 but rather is a “jury trial demand complaint” in which he demands “his inviolate Seventh Amendment right based on the criminal version of § 1983 which is Title 18 U.S.C. §§ 240, 241.” Federal courts are courts of limited jurisdiction. *United States v. Hazlewood,*526 F.3d 862, 863 (5th Cir.2008). Fierro’s invocation of constitutional amendments are directed at his efforts to have the results of his application for state and federal habeas relief invalidated by the alleged negligence/criminality of these state officers. The Seventh Amendment question he raises in his complaint is purely incidental to those efforts and does not provide a basis for subject matter jurisdiction. *See Johnston v. Byrd,*354 F.2d 982, 984 (5th Cir.1965).

Fierro’s claim that his complaint arises under the “criminal version of § 1983” and cites 18 U.S.C. § 241 (which criminalizes conspiracy against the free exercise of a constitutional right), is unavailing. The criminal statutes on which Fierro relies do not supply a private cause of action. *See Cort v. Ash,*422 U.S. 66, 79, 95 S.Ct. 2080, 45 L.Ed.2d 26 (1975).

Fierro’s appeal is without merit and is therefore frivolous. *See Howard v. King,*707 F.2d 215, 219-20 (5th Cir.1983). The motion to proceed IFP is DENIED, and the appeal is DISMISSED as frivolous. *See Baugh,*117 F.3d at 202 & n. 24; 5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under die limited circumstances set forth in 5th Cir. R. 47.5.4.
Exhibit 32
                    CERTIFICATION PURSUANT TO
                         18 U.S.C. 1350,
                     AS ADOPTED PURSUANT TO
          SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In  connection with the Annual Report of AEI Real Estate Fund XVI
Limited  Partnership (the "Partnership") on Form 10-KSB  for  the
period ended December 31, 2003, as filed with the Securities  and
Exchange  Commission  on  the  date hereof  (the  "Report"),  the
undersigned, Robert P. Johnson, President of AEI Fund  Management
XVI,  Inc., the Managing General Partner of the Partnership,  and
Patrick  W. Keene, Chief Financial Officer of AEI Fund Management
XVI,  Inc., each certify, pursuant to 18 U.S.C. 1350, as  adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

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

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


                           /s/ Robert P Johnson
                               Robert P. Johnson, President
                               AEI Fund Management XVI, Inc
                               Managing General Partner
                               March 19, 2004



                           /s/ Patrick W Keene
                               Patrick W. Keene, Chief Financial Officer
                               AEI Fund Management XVI, Inc
                               Managing General Partner
                               March 19, 2004
exv10w17xby



 




10.17(b)

SECOND AMENDMENT 
TO HOTEL LEASE



The Second Amendment to the Hotel lease (Second Amendment) is entered into effective November 22,
2006 by and between CP Laughlin Realty, LLC, a Delaware limited liability company, as lessor
(“Lessor”), and Columbia Properties Laughlin, LLC, a Nevada limited liability company, as Lessee
(“Lessee”).



WHEREAS, the Lessor and Lessee entered into a Hotel Lease dated August 12, 2003 (the “Lease”), and
amended August 14, 2003 (First Amendment), and



WHEREAS, the Lessor and Lessee hereto desire to provide for terms in which the lease term can be
extended in accordance with the terms of this First Addendum,



NOW, THEREFORE, for and in consideration of the mutual promises, agreements, covenants,
representations and warranties of the Lessor and Lessee contained herein and in the Lease, the
receipt and sufficiency of which are herby acknowledged, the Lessor and Lessee agree that the Lease
Term is hereby amended as follows:





	 	1.	 	The parties hereby extend the term of the Lease until September 30, 2018. The Base
Rent for the extended Lease term will be the Base Rent for the 25th though the
60th month of $425,000 as stated in Section 3.1 of the Lease




IN WITNESS WHEROF, the Lessor and Lessee have caused this First Amendment to be executed and
delivered by their duly authorized representatives as of the day and year first above written.




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Lessee:	 	 	 	Lessor:	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Columbia Properties Laughlin, LLC

A Nevada limited liability company	 	 	 	CP Laughlin Realty, LLC

a Delaware limited liability company	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	By:	 	/s/ WILLIAM J. YUNG	 	 	 	By:	 	/s/ THEODORE R. MITCHEL	 	 
	 	 	 	 	 	 	 	 	 	 	 
	 

	 	Its:
	 	President
	 	 	 	 	 	Its:
	 	THEODORE R. MICHEL	 	 
	 

	 	 	 	 	 	 	 	 	 	 	 	SECRETARY TREASURER
<TABLE> <S> <C>

<ARTICLE> 5

<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REGISTRANT'S FORM 10-K FOR THE YEAR ENDED DECEMBER 31, 1995 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
INCLUDED IN SUCH REPORT.
</LEGEND>

       
<S>                     <C>
<PERIOD-TYPE>           12-MOS
<FISCAL-YEAR-END>       DEC-31-1995
<PERIOD-END>            DEC-31-1995

<CASH>                           4,856,276
<SECURITIES>                             0
<RECEIVABLES>                      382,396
<ALLOWANCES>                             0
<INVENTORY>                              0
<CURRENT-ASSETS>                 5,238,672
<PP&E>                          26,232,837
<DEPRECIATION>                   4,076,379
<TOTAL-ASSETS>                  28,739,912
<CURRENT-LIABILITIES>              959,127
<BONDS>                         16,895,434
<COMMON>                                 0
<PREFERRED-MANDATORY>                    0
<PREFERRED>                              0
<OTHER-SE>                      10,447,687
<TOTAL-LIABILITY-AND-EQUITY>    28,739,912
<SALES>                          3,966,280
<TOTAL-REVENUES>                 4,251,580
<CGS>                                    0
<TOTAL-COSTS>                    2,029,426
<OTHER-EXPENSES>                   475,307
<LOSS-PROVISION>                         0
<INTEREST-EXPENSE>               1,496,025
<INCOME-PRETAX>                    250,822
<INCOME-TAX>                             0
<INCOME-CONTINUING>                107,435
<DISCONTINUED>                           0
<EXTRAORDINARY>                          0
<CHANGES>                                0
<NET-INCOME>                       107,435
<EPS-PRIMARY>                         3.01
<EPS-DILUTED>                         3.01

        



</TABLE>