alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Randy D. FISHER, Petitioner-Appellant, v. OREGON BOARD OF PAROLE AND POST PRISON SUPERVISION; Brian Belleque, Respondents-Appellees.

No. 07-36096.

United States Court of Appeals, Ninth Circuit.

Feb. 2, 2011.

Anthony David Bornstein, Esq., FPDOR — Federal Public Defender’s Office, Portland, OR, for Petitioner-Appellant.

Jonathan W. Diehl, Esq., AGOR — Office of the Oregon Attorney General, Salem, OR, for Respondents-Appellees.

D.C. No. CV-05-00829-PA, District of Oregon, Portland.

Before: PAEZ and CLIFTON, Circuit Judges, and BURNS,* District Judge.

*

 The Honorable Larry A. Burns, District Judge for the U.S. District Court for Southern California, San Diego, sitting by designation,

ORDER

The Memorandum Disposition filed on January 18, 2011, is hereby withdrawn and vacated.

Within 14 days of the filing of this Order, each party shall submit a letter-brief addressing what effect, if any, the United States Supreme Court decision in *Swarthout v. Cooke,*562 U.S. —, 131 S.Ct. 859, 178 L.Ed.2d 732 (2011) has on this matter. The letter-briefs shall not exceed five pages.

The court will file a new disposition in due course.
<PAGE>   1
                                                                 EXHIBIT 23.2


                      [Letterhead of Arthur Andersen LLP]

                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent public accountants, we hereby consent to the incorporated by
reference of our report dated March 20, 1998 (except with respect to the matter
discussed in Note 3 to the financial statements, as to which the date is March
25, 1999) included in this Form 10-K/A for the year ended December 31, 1999,
into Atlantic Premium Brands, Ltd.'s previously filed Registration Statements on
Form S-8 File Nos. 33-80010 and 333-39561.


                                           /s/ Arthur Andersen LLP


Baltimore, Maryland
April 26, 2000
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 Quarterly  Report of Chase  Packaging  Corporation  (the
"Company") on Form 10-QSB for the period ending September 30, 2005 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I, Ann
W. Green,  Assistant  Secretary and Principal  Financial Officer of the Company,
certify,  pursuant to 18 U.S.C.  ss. 1350, as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge, that:

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

      (3) The  information  contained  in the  Report  fairly  presents,  in all
material  respects,  the  financial  condition  and result of  operations of the
Company.

                                                     /s/ Ann W. Green
                                                     ---------------------------
                                                     Ann W. Green
                                                     Assistant Secretary and
                                                     Principal Financial Officer

November 7, 2005
**EXHIBIT 32.2**

 

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEYACT OF 2002**

 

Pursuant to Section 906of 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 ChasePackaging Corporation (the “Company”), does hereby certify, to such officer’sknowledge, that:

 

The Quarterly Report on Form 10-Qfor the period ended June 30, 2010 (the “Form 10-Q”) of the Companyfully complies with the requirements of Section 13(a) or 15(d), asapplicable, of the Securities Exchange Act of 1934, and the informationcontained in the Form 10-Q fairly presents, in all material respects, thefinancial condition and results of operations of the Company as of, and for,the periods presented in the Form 10-Q.

 

The foregoing certificationis being furnished as an exhibit to the Form 10-Q pursuant to Item601(b)(32) of Regulation S-K and Section 906 of the Sarbanes-Oxley Act of2002 (subsections (a) and (b) of Section 1350, Chapter 63 ofTitle 18, United States Code) and, accordingly, is not being filed as part ofthe Form 10-Q for purposes of Section 18 of the Securities ExchangeAct of 1934, as amended, and is not incorporated by reference into any filingof the Company, whether made before or after the date hereof, regardless of anygeneral incorporation language in such filing.

 

 
| August 12, 2010 | /s/ Ann C. W. Green                              |
|----------------------|--------------------------------------------------|
|                 | Ann C. W. Green                                  |
|                 | Chief Financial Officer  and Assistant Secretary |
|                 | (Principal Financial and  Accounting Officer)    |

 

 

----
Exhibit 32.1



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 Novastar Financial, Inc. (the Company) on Form 10-Q for the period ending March 31, 2004, as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Scott F. Hartman, Chairman of the Board, Secretary and Chief 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:



|(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/    Scott F. Hartman                                                                   
|                                                                                          
|Scott F. Hartman                                                                          
|Chairman of the Board, Secretary and Chief Executive Officer (Principal Executive Officer)



May 10, 2004



This certification is made solely for purpose of 18 U.S.C. Section 1350,
subject to the knowledge standard contained therein, and not for any other purpose.
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.                  

###### National Science Foundation

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting:

*Name:*                         Special Emphasis Panel in Chemical and Transport Systems (1190).                    

*Date/Time:*                         April 23, 2001; 8:00 a.m. to 5:00 p.m.                    

*Place:*                         National Science Foundation, 4201 Wilson Boulevard, Room 340, Arlington, VA.                    

*Type of Meeting:*                         Closed.                    

*Contact Person:*                         Dr. Stefan T. Thynell, Program Director, Division of Chemical & Transport Systems, National Science Foundation, 4201 Wilson Blvd. Arlington, VA 22230. Room 525 (703) 292-8371.                    

*Purpose of Meeting:*                         To provide advice and recommendations concerning proposals submitted to NSF for financial support.                    

*Agenda:*                         To review and evaluate nominations for the FY 2001 Information Technology Research Panel of proposals as part of the selection process for awards.                    

*Reason for Closing:*                         The proposals being reviewed include information of a proprietary or confidential nature, including technical information; financial data, such as salaries and personal information concerning individuals associated with the proposals. These matters are exempt under 5 U.S.C. 552b(c)(4) and (6) of the Government in the Sunshine Act.                    

Dated: February 27, 2001.

Susanne Bolton,

Committee Management Officer.

[FR Doc. 01-5120 Filed 3-1-01; 8:45 am]

BILLING CODE 7555-01-M
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 Mine Clearing Corp. (the “Company”) on Form
10-K for the period ending August 31, 2008 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Larry Olson, Principal
Financial Officer of the Company, 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 Company.






/s/
Larry Olson




Larry
Olson


Principal
Financial Officer




November
29, 2008
I

103D CONGRESS

1ST SESSION H. R. 2787

To amend title VII of the Civil Rights Act of 1964 to specify certain evidentiary matters relating to establishing an unlawful employment practice

based on disparate treatment.

IN THE HOUSE OF REPRESENTATIVES

JULY 28, 1993

Mr. MANN introduced the following bill; which was referred to the Committee

on Education and Labor

A BILL

To amend title VII of the Civil Rights Act of 1964 to

specify certain evidentiary matters relating to establishing an unlawful employment practice based on disparate

treatment.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Employment Discrimi5 nation Evidentiary Amendment of 1993’’.
2

•HR 2787 IH

1 SEC. 2. AMENDMENT.

2 Section 706 of the Civil Rights Act of 1964 (42

3 U.S.C. 2000e–5) is amended by adding at the end the fol4 lowing:

5 ‘‘(l)(1) An unlawful employment practice based on

6 disparate treatment is established if—

7 ‘‘(A) the complaining party proves by a prepon8 derance of the evidence a prima facie case that the

9 respondent engaged in such practice; and

10 ‘‘(B) either—

11 ‘‘(i) the respondent fails to produce any

12 evidence to rebut such case; or

13 ‘‘(ii)(I) the respondent articulates, and

14 produces evidence of, one or more legitimate,

15 nondiscriminatory reasons for the conduct al16 leged to be the unlawful employment practice;

17 and

18 ‘‘(II) the complaining party demonstrates

19 that each of such reasons is not true, but a pre20 text for discrimination that is the unlawful em21 ployment practice.

22 ‘‘(2) Paragraph (1) shall not be construed to specify

23 the only mean by which an unlawful employment practice

24 based on disparate treatment may be established.’’.

Æ
To date, the following were the registrant's subsidiaries, other than
subsidiaries that, if considered in the aggregate as a single subsidiary would
not constitute a significant subsidiary at such date:

                                                      Jurisdiction
                                                           of
      Name of Subsidiary                              Incorporation
      ------------------                              -------------
                                                   
      Business Loan Center, Inc.                      Delaware
      BLC Capital Corporation                         Delaware
      BLC Financial Network, Inc.                     Delaware
      BLC Financial Network of Florida, Inc.(1)       Delaware
      BLC Financial Network of Mid-America(2)         Kansas
                                           
----------

(1)   Incorporated on July 10, 1996 as a wholly owned subsidiary of BLC
      Financial Network, Inc.
(2)   Incorporated on October 11, 1996 as a wholly owned subsidiary of BLC
      Financial Network, Inc.
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 Quarterly  Report of Chase  Packaging  Corporation  (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, Ann
W. Green,  Assistant  Secretary and Principal  Financial Officer of the Company,
certify,  pursuant to 18 U.S.C.  ss. 1350, as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge, that:

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

(3) The  information  contained in the Report fairly  presents,  in all material
respects, the financial condition and result of operations of the Company.

                                -------------------------------------
                                Ann W. Green
                                Assistant Secretary and
                                Principal Financial Officer


June 29, 2004
<PAGE>   1
                                                                  EXHIBIT 10.10

                         EMPLOYMENT AGREEMENT AMENDMENT


          This Employment Agreement Amendment ("Amendment") is entered into as
of January 15, 1997 by and between Joseph A. Huseonica of 1976 Palisades Terrace
Drive, Lake Oswego, Oregon ("Employee") and Acres Gaming Inc., a Nevada
corporation ("Employer").


                                    RECITALS

          A. Employer and Employee entered into an Employment Agreement dated as
of January 2, 1996 (the "Employment Agreement").

          B. The parties hereto wish to amend that Employment Agreement as set
forth below.


                                    AGREEMENT

          In consideration of the mutual promises and agreements hereinafter set
forth, Employer and Employee hereby agree as follows:

          1. The first sentence of the first paragraph of Section 4 of the
Employment Agreement is hereby amended to read as follows:

             "Employer shall pay Employee, and Employee shall accept from
             Employer, in full payment for all of Employee's services hereunder,
             an annual base salary of Two Hundred Twenty-Five Thousand and
             No/100 Dollars ($225,000.00)."

          2. The second paragraph of Section 4 of the Employment Agreement is
hereby amended to read as follows:

             "In addition to the aforementioned base salary, the Employer may,
             but is not required to, pay Employee a performance bonus. The
             amount of any performance bonus shall be determined by the Board of
             Directors."

          IN WITNESS WHEREOF, the parties have executed this Agreement in
Corvallis, Oregon as of the date first above written.


                                        EMPLOYEE:

                                        ---------------------------------------
                                        Joseph A. Huseonica

                                        EMPLOYER:

                                        ACRES GAMING INC.

                                        By:
                                           ------------------------------------
                                           John F. Acres
                                           Chairman and Chief Executive Officer
[Federal Register Volume 66, Number 40 (Wednesday, February 28, 2001)]
[Notices]
[Pages 12803-12804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4852]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 00N-1440]


Agency Information Collection Activities; Announcement of OMB 
Approval; User Fee Cover Sheet

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
collection of information entitled ``User Fee Cover Sheet'' has been 
approved by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: JonnaLynn P. Capezzuto, Office of 
Information Resources Management (HFA-250), Food and Drug 
Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-4659.

SUPPLEMENTARY INFORMATION: In the Federal Register of December 5, 2000 
(65 FR 75942), the agency announced that the proposed information 
collection had been submitted to OMB for review and clearance under 44 
U.S.C. 3507. An agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. OMB has now approved the 
information collection and has assigned OMB control number 0910-0297. 
The approval expires on February 29, 2004.

[[Page 12804]]

 A copy of the supporting statement for this information collection is 
available on the Internet at http://www.fda.gov/ohrms/dockets.

    Dated: February 22, 2001.
William K. Hubbard,
Senior Associate Commissioner for Policy, Planning, and Legislation.
[FR Doc. 01-4852 Filed 2-27-01; 8:45 am]
BILLING CODE 4160-01-S
EX-31 Rule 13a-14(d)/15d-14(d) Certification.


  I, Kristen Ann Cronin, certify that:

  1. I have reviewed this report on Form 10-K and all reports on Form 10-D
     required to be filed in respect of the period covered by this report on
     Form 10-K of ACE Securities Corp. Home Equity Loan Trust Series,
     2007-HE3 (the "Exchange Act periodic reports");

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

  3. Based on my knowledge, all of the distribution, servicing and other
     information required to be provided under Form 10-D for the period
     covered by this report is included in the Exchange Act periodic reports;

  4. I am responsible for reviewing the activities performed by the
     servicers and based on my knowledge and the compliance reviews
     conducted in preparing the servicer compliance statements required in
     this report under Item 1123 of Regulation AB, and except as disclosed
     in the Exchange Act periodic reports, the servicer has fulfilled its
     obligations under the servicing agreements in all material respects; and

  5. All of the reports on assessment of compliance with servicing criteria
     for asset-backed securities and their related attestation reports on
     assessment of compliance with servicing criteria for asset-backed
     securities required to be included in this report in accordance with
     Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18
     have been included as an exhibit to this report, except as otherwise
     disclosed in this report.  Any material instances of noncompliance
     described in such reports have been disclosed in this report on Form
     10-K.

    Dated:   March 27, 2008


    /s/ Kristen Ann Cronin
    Signature

    Vice President
    (senior officer in charge of the servicing function of the master
    servicer)
AMENDMENT NO. 1
                                        TO THE
                  AMENDED AND RESTATED AVONDALE SERVICES CORPORATION
                        EXECUTIVE GROUP INSURANCE BENEFIT PLAN
                                         AND
                               SUMMARY PLAN DESCRIPTION


                                       PREAMBLE

               Avondale  Services Corporation (the "Company") maintains the
          Avondale Services  Corporation  Executive Group Insurance Benefit
          Plan pursuant to a plan document  effective  October 1, 1997 (the
          "Plan").

               The  Board  of  Directors  of Avondale Services  Corporation
          hereby desires to clarify and amend  the  Plan  in  the following
          respect:

                                          I.

               The  following  paragraph  is added to Article II under  the
          description of Employee Life:

                         If  a  Participant  is  still  employed  upon
                    reaching age 70, such Participant's life insurance
                    coverage shall be reduced by 1/2.


                                         II.

               The coverage for Dependent Life  in Article II is limited to
          a Participant's spouse.  The following  paragraph is added to the
          description of Dependent Life:

                         Coverage  shall  be reduced  by  1/2  upon  a
                    Participant's spouse reaching  age  70  and  shall
                    terminate   when  the  Participant  ceases  to  be
                    employed by the Company.

               Executed in Avondale,  Louisiana  this   23rd  day of March,
          1998.


          WITNESSES:                         AVONDALE SERVICES CORPORATION


          /s/ Jackie H. Walker               By:  /s/ Thomas M. Kitchen
          --------------------                    ---------------------
          /s/ Joy T. Rinaldi                          Thomas M. Kitchen
          --------------------