alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT 32.2**

**EVERGREEN ENERGY INC.**

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

I, Diana L. Kubik, state and attest that:

1.             Iam the Vice President and Chief Financial Officer of Evergreen Energy Inc. (the“Issuer”),

2.             Accompanyingthis certification is the Form 10-K for the year ended December 31, 2006,a periodic report (the “Periodic Report”) filed by the Issuer with theSecurities and Exchange Commission pursuant to Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 (the “Exchange Act”), which contains financialstatements.

3.             Ihereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that based on my knowledge:

·                     thePeriodic Report containing the financial statements fully complies with therequirements of Section 13(a) or Section 15(d) of the Exchange Act; and

·                     theinformation contained in the Periodic Report fairly presents, in all materialrespects, the financial condition and results of operations of the Issuer forthe periods presented therein.
| /s/  DIANA L.  KUBIK                    |   |
|---------------------------------------------------|--------|
| Diana L. Kubik                                    |   |
| Title: Vice President and Chief Financial Officer |
| Date:  March 1, 2007                         |   |

 

A signed original of this written statement requiredby Section 906 has been provided to KFx Inc. and will be retained by EvergreenEnergy Inc. and furnished to the Securities and Exchange Commission or itsstaff upon request.

 

----
#### VICTOR JOSE VELASCO *v.*COMMISSIONER OF CORRECTION

*Lisa J. Steele,*special public defender, in support of the petition.

Decided May 20, 2010

The petitioner Victor Jose Velasco’s petition for certification for appeal from the Appellate Court, 119 Conn. App. 164 (AC 30405/AC 30814), is denied.
# Grain Bag Calculator
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.                  

###### Judicial Conference of the United States

# AGENCY:

Judicial Conference of the United States, Advisory Committee on Rules of Appellate Procedure.

# ACTION:

Notice of open meeting. 

# SUMMARY:

The Advisory Committee on Rules of Appellate Procedure will hold a two-day meeting. The meeting will be open to public observation but not participation.

# DATES:

April 11-12, 2001.

# TIME:

8:30 a.m. to 5 p.m.

# ADDRESSES:

Hotel Inter-Continental, 444 St. Charles Avenue, New Orleans, Louisiana.

# FOR FURTHER INFORMATION CONTACT:

John K. Rabiej, Chief, Rules Committee Support Office, Administrative Office of the United States Courts, Washington, DC 20544, telephone (202) 502-1820.

Dated: February 8, 2001.

John K. Rabiej,

Chief, Rules Committee Support Office.

[FR Doc. 01-3705 Filed 2-13-01; 8:45 am]

BILLING CODE 2210-55-M
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.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. RP01-87-001]

Take notice that on February 9, 2001, Tennessee Gas Pipeline Company (Tennessee), tendered for filing as part of its FERC Gas Tariff, Fifth Revised Volume No. 1, Third Revised Sheet No. 95B, with an effective date of April 1, 2001.

                    Tennessee states that the revised tariff sheets are being filed in compliance with the “Order on Complaint” issued by the Commission in the captioned proceeding on January 10, 2001.                     *Tennessee Gas Pipeline Company*, 94 FERC ¶ 61,006 (2001) (“Order”). Consistent with the Order, Tennessee proposes to revise Section 3.4(c) of Rate Schedule FS to permit proportionate                           ( print page 11285)                        releases of capacity and to clarify Section 3.4. Tennessee proposes an effective date of April 1, 2001.                

Tennessee states that copies of the filing have been mailed to each of the parties that have intervened in this proceeding.

Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Section 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with Section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Copies of this filing are on file with the Commission and are available for public inspection in the Public Reference Room. This filing may be viewed on the web at http://www.ferc.fed.us/​online/​rims.htm (call 202-208-2222 for assistance). Comments and protests may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site at http://www.ferc.fed.us/​efi/​doorbell.htm.

David P. Boergers,

Secretary.

[FR Doc. 01-4506  Filed 2-22-01; 8:45 am]

BILLING CODE 6717-01-M
#### Raymond VAUGHT, Plaintiff-Appellant, v. SCOTTSDALE HEALTHCARE CORPORATION HEALTH PLAN, Defendant-Appellee.

No. 09-17561.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Dec. 8, 2010.

Filed Jan. 10, 2011.

Randolph Bachrach, General, Law Office of R.G. Bachrach, Chandler, AZ, for Plaintiff-Appellant.

Daniel B. Pasternak, Esquire, Lawrence J. Rosenfeld, Greenberg Traurig, LLP, Phoenix, AZ, for Defendant-Appellee.

Before: HUG, D.W. NELSON, and McKEOWN, Circuit Judges.

MEMORANDUM *

Raymond Vaught appeals the district court’s judgment that the Scottsdale Healthcare Corporation Health Plan (the “Plan”) properly denied his claim for medical expenses under a provision excluding coverage of accidents related to driving under the influence of alcohol or drugs (the “DUI Provision”). The district court’s decision was based on the administrative record, but also noted that the court had previously determined that the introduction of extrinsic evidence was appropriate under *Mongeluzo v. Baxter Travenol Long Term Disability Benefit Plan,*46 F.3d 938, 943-44 (9th Cir.1995). We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s choice and application of the standard of review to decisions by fiduciaries of an employee benefit plan subject to the Employee Retirement Income Security Act *90(“ERISA”), and for clear error the district court’s underlying findings of fact. *Abatie v. Alta Health & Life Ins. Co.,*458 F.3d 955, 962 (9th Cir.2006) (en banc) (citations omitted). We also review de novo the district court’s legal conclusions in interpreting provisions of an ERISA benefit plan. *Metro. Life Ins. Co. v. Parker,*436 F.3d 1109, 1113 (9th Cir.2006) (citations omitted).

For the reasons stated in its well-crafted order, the district court properly interpreted the DUI Provision in Vaught’s favor to exclude coverage of accidents related to driving while legally intoxicated; found that Vaught, whose whole blood alcohol level was almost three times the state’s legal limit, was legally intoxicated at the time of his motorcycle accident; and determined after de novo review that the Plan’s denial of Vaught’s medical expenses was proper.

AFFIRMED.

*

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
<PAGE>

Exhibit 32.1

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

      In connection with the Quarterly Report of County Bank Corp on form 10-Q
      for the period ending March 31, 2005, as filed with the Securities and
      Exchange Commission on the date hereof (the "Report"), I Curt Carter,
      Chief Executive Officer of the Company, certify, 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/ Curt Carter
      -------------------------------------
      Curt Carter
      President and Chief Executive Officer
      August 12, 2005

                                                                              15
947 A.2d 711

#### Ann STIMMLER, Petitioner v. CHESTNUT HILL HOSPITAL, M. Brown, M.D., William O’Connell, M.D., Samuel Walterson, M.D., Walter Matteucci, M.D., B. Smith, M.D., M.S. Jayashekara Murthy, M.D., Bnagalor Surey, M.D., and Richard Padula, M.D., Respondents.

Supreme Court of Pennsylvania.

April 29, 2008.

*583
      *ORDER*

PER CURIAM.

AND NOW, this 29th day of April, 2008, the Petition for Allowance of Appeal is GRANTED. The issue, rephrased for clarity, is:

> (1) Whether the Superior Court committed an error of law when it affirmed the trial court’s grant of summary judgment on the basis that Appellee Dr. Padula’s requests for admissions were deemed admitted.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                       9,416,802
<SECURITIES>                                         0
<RECEIVABLES>                               32,511,412
<ALLOWANCES>                                 1,181,000
<INVENTORY>                                 37,056,821
<CURRENT-ASSETS>                            88,814,370
<PP&E>                                     119,456,352
<DEPRECIATION>                              25,171,020
<TOTAL-ASSETS>                             248,961,108
<CURRENT-LIABILITIES>                       37,676,980
<BONDS>                                     87,731,158
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       546,004
<OTHER-SE>                                 120,866,284
<TOTAL-LIABILITY-AND-EQUITY>               121,412,288
<SALES>                                    231,783,872
<TOTAL-REVENUES>                           231,783,872
<CGS>                                      110,746,344
<TOTAL-COSTS>                              110,746,344
<OTHER-EXPENSES>                             6,347,284
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           3,025,741
<INCOME-PRETAX>                             45,341,950
<INCOME-TAX>                                 3,472,735
<INCOME-CONTINUING>                         41,869,215
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                41,869,215
<EPS-PRIMARY>                                      .70
<EPS-DILUTED>                                      .70
        

</TABLE>
<PAGE>
 
                                                                    EXHIBIT 11.1


                           IWERKS ENTERTAINMENT, INC.

                               Earnings Per Share
                    (in thousands, except per share amounts)

                                        
<TABLE>
<CAPTION>
                                  For the Three Months Ended      For the Six Months Ended
                                         December 31,                   December 31,
                                     1998          1997             1998          1997
                                   --------       -------          -------       -------
<S>                                <C>            <C>              <C>            <C>
Denominator for Basic Earnings
 per Share - Weighted average
 shares Outstanding                  12,365        12,161           12,356        12,160

Effect of dilutive securities:
  Options and warrants                     (a)          (b)              (c)           (d)
                                    -------       -------          ------        ------

Denominator for Diluted
 Earnings per Share                  12,365        12,161           12,356        12,160
                                    =======       =======          =======       =======

Net Loss                            $  (821)      $(3,500)         $(1,811)      $(4,006)
                                    =======       =======          =======       =======


Basic loss per share                $ (0.07)      $ (0.29)         $ (0.15)      $ (0.33)
                                    =======       =======          =======       =======

Diluted loss per share              $ (0.07)      $ (0.29)         $ (0.15)      $ (0.33)
                                    =======       =======          =======       =======
</TABLE>





(a) Options and warrants to purchase 30,000 shares of common stock were not
    included in the computation of diluted loss per common share as the effect
    would be antidilutive

(b) Options and warrants to purchase 96,000 shares of common stock were not
    included in the computation of diluted loss per common share as the effect
    would be antidilutive

(c) Options and warrants to purchase 41,000 shares of common stock were not
    included in the computation of diluted loss per common share as the effect
    would be antidilutive

(d) Options and warrants to purchase 105,000 shares of common stock were not
    included in the computation of diluted loss per common share as the effect
    would be antidilutive

                                      21
[ARTICLE] 5
[LEGEND]
Registrant is a limited partnership which invests in real estate,
participating mortgage loans, and real estate joint ventures.  In
accordance with industry practice, its balance sheet is unclassified.  For
full information, refer to the accompanying unaudited financial statements.
<TABLE>
<S>                             <C>
[PERIOD-TYPE]                   9-MOS
[FISCAL-YEAR-END]                          DEC-31-1997
[PERIOD-END]                               SEP-30-1997
[CASH]                                       2,963,803
[SECURITIES]                                         0
[RECEIVABLES]                                  278,270
[ALLOWANCES]                                         0
[INVENTORY]                                          0
[CURRENT-ASSETS]                                     0
[PP&E]                                               0
[DEPRECIATION]                                       0
[TOTAL-ASSETS]                              42,173,724<F1>
[CURRENT-LIABILITIES]                                0
[BONDS]                                              0
[COMMON]                                             0
[PREFERRED-MANDATORY]                                0
[PREFERRED]                                          0
[OTHER-SE]                                  41,807,959<F2>
[TOTAL-LIABILITY-AND-EQUITY]                42,173,724<F3>
[SALES]                                              0
[TOTAL-REVENUES]                             2,177,285<F4>
[CGS]                                                0
[TOTAL-COSTS]                                        0
[OTHER-EXPENSES]                             1,265,951<F5>
[LOSS-PROVISION]                                     0
[INTEREST-EXPENSE]                                   0
[INCOME-PRETAX]                                911,334
[INCOME-TAX]                                         0
[INCOME-CONTINUING]                            911,334
[DISCONTINUED]                                       0
[EXTRAORDINARY]                                      0
[CHANGES]                                            0
[NET-INCOME]                                   911,334
[EPS-PRIMARY]                                     4.74<F6>
[EPS-DILUTED]                                        0
<FN>
<F1>In addition to cash and receivables, total assets include net investments
in building and improvements of $6,142,966, investment in unconsolidated
partnership of $18,632,924, net investment in participating mortgage loan
of $13,755,767 and net deferred expenses of $399,994.
<F2>Represents partners' capital.
<F3>Liabilities include accounts payable and other liabilities of $267,846 and
security deposits of $97,919.
<F4>Total revenue includes rent of $1,156,478, net interest on participating
mortgage loan of $251,849, equity in earnings of unconsolidated
partnership of $646,125 and other revenue of $122,833.
<F5>Other expenses include property operating expenses of $664,880, 
depreciation and amortization of $310,520 and general and administrative
expenses of $290,551.
<F6>Represents net income per Unit of limited partnership interest.
</FN>
</TABLE>
May 1, 1998

        Avondale Industries, Inc.
        Post Office Box 50280
        New Orleans, Louisiana  70150

        We have made a review,  in  accordance  with standards established by
        the  American  Institute  of  Certified Public  Accountants,  of  the
        unaudited interim financial information  of Avondale Industries, Inc.
        and subsidiaries for the periods ended March  31,  1998  and 1997, as
        indicated  in  our  report  dated April 22, 1998; because we did  not
        perform an audit, we expressed no opinion on that information.

        We are aware that our report  referred to above, which is included in
        your Quarterly Report on Form 10-Q  for  the  quarter ended March 31,
        1998 is incorporated by reference in Registration  Statement No. 333-
        32165 on Form S-8.

        We  also are aware that the aforementioned report, pursuant  to  Rule
        436 under the Securities Act of 1933, is not considered a part of the
        Registration  Statement  prepared  or certified by an accountant or a
        report prepared or certified by an accountant  within  the meaning of
        Sections 7 and 11 of that Act.


        /S/ DELOITTE & TOUCHE LLP
            
            DELOITTE & TOUCHE LLP
            New Orleans, Louisiana
Exhibit 32.2


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


         In connection with the Quarterly Report of Safe Technologies
International, Inc., (the "Company") on Form 10-QSB for the period ending
September 30, 2003, as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), I, Barbara L. Tolley, principal financial officer of
the Company, certify, pursuant to 18 U.S.C. ss. 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/ Barbara L. Tolley
                                  --------------------------
                                  Barbara L. Tolley, principal financial officer
                                  November 14, 2003
Form 8810

Department of the Treasury 

Internal Revenue Service

Corporate Passive Activity Loss and Credit Limitations

▶ See separate instructions. 

▶ Attach to the corporation’s tax return (personal service

corporations and closely held corporations only).

OMB No. 1545-1091

2011

Name Employer identification number

Part I 2011 Passive Activity Loss

Caution: See the instructions and complete Worksheets 1 and 2 before completing Part I.

1a Current year income (from Worksheet 2, column (a)) . . 1a

b Current year deductions and losses (from Worksheet 2, 

column (b)) . . . . . . . . . . . . . . . . . 1b ( )

c Prior year unallowed losses (from Worksheet 2, column (c)) 1c ( )

d Combine lines 1a, 1b, and 1c. If the result is net income or zero, see instructions . 1d

2 Closely held corporations enter net active income and see instructions. Personal 

service corporations enter -0- on this line . . . . . . . . . . . . . . . . 2 

3 Unallowed passive activity deductions and losses. Combine lines 1d and 2. If the

result is net income or zero, see the instructions for lines 1d and 3. Otherwise, go to

line 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 

4 Total deductions and losses allowed. Add the income, if any, on lines 1a and 2 and 

enter the result (see instructions) . . . . . . . . . . . . . . . . . . . 4 

Part II 2011 Passive Activity Credits

Caution: See the instructions and complete Worksheet 5 before completing Part II.

5a Current year credits (from Worksheet 5, column (a)) . . 5a

b Prior year unallowed credits (from Worksheet 5, column (b)) 5b

6 Add lines 5a and 5b . . . . . . . . . . . . . . . . . . . . . . . . 6 

7 Enter the tax attributable to net passive income and net active income (see instructions) 7 

8 Unallowed passive activity credit. Subtract line 7 from line 6. If the result is zero or 

less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . 8 

9 Allowed passive activity credit. Subtract line 8 from line 6 (see instructions) . . 9 

Part III Election To Increase Basis of Credit Property

10 If the corporation disposed of its entire interest in a passive activity or former passive activity in a fully 

taxable transaction, and the corporation elects to increase the basis of credit property used in that activity 

by the unallowed credit that reduced the property’s basis, check this box (see instructions) . . . . . ▶

11 Name of passive activity disposed of ▶

12 Description of the credit property for which the election is being made ▶

13 Amount of unallowed credit that reduced the property’s basis . . . . . . ▶ $

For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 10356T Form 8810 (2011)