alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
| **MARKWEST  HYDROCARBON, INC.**               | **EXHIBIT  11** |
|-----------------------------------------------|-----------------|
| **COMPUTATION  OF EARNINGS PER COMMON SHARE** |            |
| **(000s,  except per share data)**            |            |

 
|                                                          |   | **For the  Quarter Ended** |   | **For the Year Ended** |   |
|---------------------------------------------------------------|--------|----------------------------|--------|------------------------|--------|
|                                                          |   | **September  30, 2001**    |   | **September 30, 2001** |   |
|                                                          |   |                       |   |                   |   |
| Net income (loss)                                             |   | $                          | (194   | )                      | $      | 1,263 |   |
|                                                          |   |                       |   |                   |   |
| Weighted average number of outstanding shares of common stock |   | 8,479                      |   | 8,473                  |   |
|                                                          |   |                       |   |                   |   |
| Basic earnings (loss) per share                               |   | $                          | (0.02  | )                      | $      | 0.15 |   |
|                                                          |   |                       |   |                   |   |
| Net income (loss)                                             |   | $                          | (194   | )                      | $      | 1,263 |   |
|                                                          |   |                       |   |                   |   |
| Weighted average number of outstanding shares of common stock |   | 8,479                      |   | 8,473                  |   |
|                                                          |   |                       |   |                   |   |
| Dilutive stock options                                        |   | 22                         |   | 27                     |   |
|                                                          |   | 8,501                      |   | 8,500                  |   |
|                                                          |   |                       |   |                   |   |
| Earnings (loss) per share assuming dilution                   |   | $                          | (0.02  | )                      | $      | 0.15 |   |
### §16453. State access to books and records

#### (a) In general

Upon the written request of a State commission having jurisdiction to regulate a public-utility company in a holding company system, the holding company or any associate company or affiliate thereof, other than such public-utility company, wherever located, shall produce for inspection books, accounts, memoranda, and other records that—

(1) have been identified in reasonable detail in a proceeding before the State commission;

(2) the State commission determines are relevant to costs incurred by such public-utility company; and

(3) are necessary for the effective discharge of the responsibilities of the State commission with respect to such proceeding.

#### (b) Limitation

Subsection (a) does not apply to any person that is a holding company solely by reason of ownership of one or more qualifying facilities under the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.).

#### (c) Confidentiality of information

The production of books, accounts, memoranda, and other records under subsection (a) shall be subject to such terms and conditions as may be necessary and appropriate to safeguard against unwarranted disclosure to the public of any trade secrets or sensitive commercial information.

#### (d) Effect on State law

Nothing in this section shall preempt applicable State law concerning the provision of books, accounts, memoranda, and other records, or in any way limit the rights of any State to obtain books, accounts, memoranda, and other records under any other Federal law, contract, or otherwise.

#### (e) Court jurisdiction

Any United States district court located in the State in which the State commission referred to in subsection (a) is located shall have jurisdiction to enforce compliance with this section.

(Pub. L. 109–58, title XII, §1265, Aug. 8, 2005, 119 Stat. 975.)

#### **Editorial Notes**

#### References in Text

The Public Utility Regulatory Policies Act of 1978, referred to in subsec. (b), is Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3117. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 16, Conservation, and Tables.
### §13893. Transferred

#### **Editorial Notes**

#### Codification

Section 13893 was editorially reclassified as section 12253 of Title 34, Crime Control and Law Enforcement.
§ 230.464 Effective date of post-effective amendments to registration statements filed on Form S-8 and on certain Forms S-3, S-4, F-2 and F-3. *Provided.* That, at the time of filing of each post-effective amendment with the Commission, the issuer continues to meet the requirements of filing on Form S-8 (§ 239.16b of this chapter); or on Form S-3, F-2 or F-3 (§§ 239.13, 239.32 or 239.33 of this chapter) for a registration statement relating to a dividend or interest reinvestment plan; or in the case of a registration statement on Form S-4 (§ 239.25 of this chapter) that there is continued compliance with General Instruction G of that Form: ( a ) The post-effective amendment shall become effective upon filing with the Commission: and
( b ) With respect to securities sold on or after the filing date pursuant to a prospectus which forms a part of a Form S-8 registration statement; or a Form S-3, F-2, or F-3 registration statement relating to a dividend or interest reinvestment plan; or a Form S-4 registration statement complying with General Instruction G of that Form and which has been amended to include or incorporate new full year financial statments or to comply with the provisions of section 10(a)(3) of the Act, the effective date of the registration statement shall be deemed to be the filing date of the post-effective amendment.
(Secs. 6, 7, 8, 10, 19(a), 48 Stat. 78, 79, 81, 85; secs. 205, 209, 48 Stat. 906, 908; sec. 301, 54 Stat. 857; sec. 8, 68 Stat. 685; sec. 1, 79 Stat. 1051; sec. 308(a)(2), 90 Stat. 57; secs. 12, 13, 15(d), 23(a), 48 Stat. 892, 894, 895, 901; secs. 1, 3, 8, 49 Stat. 1375, 1377, 1379; sec. 203(a), 49 Stat. 704; sec. 202, 68 Stat. 686; secs. 3, 4, 6, 78 Stat. 565-568, 569, 570-574; secs. 1, 2, 82 Stat. 454; sec. 28(c), 84 Stat. 1435; secs. 1, 2, 84 Stat. 1497; sec. 105(b), 88 Stat. 1503; secs. 8, 9, 10, 18, 89 Stat. 117, 118, 119, 155; sec. 308(b), 90 Stat. 57; secs. 202, 203, 204, 91 Stat. 1494, 1498, 1499, 1500; secs. 8 30, 31(c), 38(a), 54 Stat. 803, 836, 838, 841; 74 Stat. 201; 84 Stat. 1415; 15 U.S.C. 77f, 77g, 77h, 77j, 77s(a), 78 l, 78m, 78 o (d), 78w(a), 80a-8, 80a-29, 80a-30(c), 80a-37(a))
[47 FR 54770, Dec. 6, 1982, as amended at 50 FR 19001, May 6, 1985; 61 FR 30402, June 14, 1996 ]
###### Editorial Note on Part 200

#### Editorial Note:

Nomenclature changes to part 200 appear at 76 FR 60371, Sept. 29, 2011.

#### § 200.67 Power to adopt rules.

In exercising its rule-making power, this Commission performs a legislative function. The delegation of this power by the Congress imposes the obligation upon the members to adopt rules necessary to effectuate the stated policies of the statute in the interest of all of the people. Care should be taken to avoid the adoption of rules which seek to extend the power of the Commission beyond proper statutory limits. Its rules should never tend to stifle or discourage legitimate business enterprises or activities, nor should they be interpreted so as unduly and unnecessarily to burden those regulated with onerous obligations. On the other hand, the very statutory enactments evidence the need for regulation, and the necessary rules should be adopted or modifications made or rules should be repealed as changing requirements demand without fear or favor.
### Docket No: FAA

- 2015

- 8432 Dir ID: 2015

- NM

- 100

- AD

Contacts. With whom outside the FAA has this proposal been discussed?

Organization Person Contacted Date Response

National Business Aircraft Association Eli Cotti 7 / 9 /15

Regional Airline Association 7/9/15

Aircraft Owners & Pilots Asso ciation David Oord 7/9/15

Airlines for America Robert Ireland 7/9/15
### §13388. Global Climate Change Response Fund

#### (a) Establishment of Fund

The Secretary of the Treasury, in consultation with the Secretary of State, shall establish a Global Climate Change Response Fund to act as a mechanism for United States contributions to assist global efforts in mitigating and adapting to global climate change.

#### (b) Restrictions on deposits

No deposits shall be made to the Global Climate Change Response Fund until the United States has ratified the United Nations Framework Convention on Climate Change.

#### (c) Use of Fund

Moneys deposited into the Fund shall be used by the President, to the extent authorized and appropriated under section 2222 of title 22, solely for contributions to a financial mechanism negotiated pursuant to the United Nations Framework Convention on Climate Change, including all protocols or agreements related thereto.

#### (d) Authorization of appropriations

There are authorized to be appropriated for deposit in the Fund to carry out the purposes of this section, $50,000,000 for fiscal year 1994 and such sums as may be necessary for fiscal years 1995 and 1996.

(Pub. L. 102–486, title XVI, §1609, Oct. 24, 1992, 106 Stat. 3007.)
### §13263. Powers of Secretary

For the purpose of carrying out subchapter I, subchapter II, this subchapter, and subchapter IV, the Secretary, or the duly designated agent of the Secretary, may hold such hearings, take such testimony, sit and act at such times and places, administer such oaths, and require, by subpena, the attendance and testimony of such witnesses and the production of such books, papers, correspondence, memorandums, contracts, agreements, or other records as the Secretary of Transportation is authorized to do under section 32910(a)(1) of title 49.

(Pub. L. 102–486, title V, §513, Oct. 24, 1992, 106 Stat. 2899.)

#### **Editorial Notes**

#### References in Text

Subchapter I, referred to in text, was in the original "title III" meaning title III of Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2866, which enacted subchapter I of this chapter, amended section 6374 of this title, and repealed provisions set out as a note under section 6374 of this title.

Subchapter II, referred to in text, was in the original "title IV" meaning title IV of Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2875, which enacted subchapter II of this chapter, amended sections 6374a to 6374c of this title and sections 717, 717a, 2001, 2002, 2006, and 2013 of Title 15, Commerce and Trade, enacted provisions set out as notes under sections 79b and 717 of Title 15, and repealed provisions set out as a note under section 717c of Title 15.

#### Codification

In text, "section 32910(a)(1) of title 49" substituted for "section 505(b)(1) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2005(b)(1))" on authority of Pub. L. 103–272, §6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.
§ 437.4 Earnings claims. In connection with the offer for sale, sale, or promotion of a business opportunity, it is a violation of this Rule and an unfair or deceptive act or practice in violation of Section 5 of the FTC Act, for the seller to: ( a ) Make any earnings claim to a prospective purchaser, unless the seller: ( 1 ) Has a reasonable basis for its claim at the time the claim is made;
( 2 ) Has in its possession written materials that substantiate its claim at the time the claim is made;
( 3 ) Makes the written substantiation available upon request to the prospective purchaser and to the Commission; and
( 4 ) Furnishes to the prospective purchaser an earnings claim statement. The earnings claim statement shall be a single written document and shall state the following information: ( i ) The title “EARNINGS CLAIM STATEMENT REQUIRED BY LAW” in capital, bold type letters;
( ii ) The name of the person making the earnings claim and the date of the earnings claim;
( iii ) The earnings claim;
( iv ) The beginning and ending dates when the represented earnings were achieved;
( v ) The number and percentage of all persons who purchased the business opportunity prior to the ending date in paragraph (a)(4)(iv) of this section who achieved at least the stated level of earnings;
( vi ) Any characteristics of the purchasers who achieved at least the represented level of earnings, such as their location, that may differ materially from the characteristics of the prospective purchasers being offered the business opportunity; and
( vii ) A statement that written substantiation for the earnings claim will be made available to the prospective purchaser upon request.
( b ) Make any earnings claim in the general media, unless the seller: ( 1 ) Has a reasonable basis for its claim at the time the claim is made;
( 2 ) Has in its possession written material that substantiates its claim at the time the claim is made;
( 3 ) States in immediate conjunction with the claim: ( i ) The beginning and ending dates when the represented earnings were achieved; and
( ii ) The number and percentage of all persons who purchased the business opportunity prior to the ending date in paragraph (b)(3)(i) of this section who achieved at least the stated level of earnings.
( c ) Disseminate industry financial, earnings, or performance information unless the seller has written substantiation demonstrating that the information reflects, or does not exceed, the typical or ordinary financial, earnings, or performance experience of purchasers of the business opportunity being offered for sale.
( d ) Fail to notify any prospective purchaser in writing of any material changes affecting the relevance or reliability of the information contained in an earnings claim statement before the prospective purchaser signs any contract or makes a payment or provides other consideration to the seller, directly or indirectly, through a third party.
### §18612. Restoration of laboratory directed research and development program

#### (a) In general

Except as provided in subsection (b), the Secretary shall ensure that laboratory operating contractors do not allocate costs of general and administrative overhead to laboratory directed research and development.

#### (b) Exception for national security laboratories

This section shall not apply to the national security laboratories with respect to which section 3119 1 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) applies.

(Pub. L. 115–246, title I, §104, Sept. 28, 2018, 132 Stat. 3132.)

#### **Editorial Notes**

#### References in Text

Section 3119 of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (b), is section 3119 of Pub. L. 114–328, which was set out as a note under section 2791 of Title 50, War and National Defense, prior to repeal by Pub. L. 117–263, div. C, title XXXI, §3116(b), Dec. 23, 2022, 136 Stat. 3054.

1 See References in Text note below.
# Subpart 3442.70—Contract Monitoring

**Parent topic:**PART 3442—CONTRACT ADMINISTRATION AND AUDIT SERVICES

## 3442.7001 Litigation and claims clause.

The contracting officer must insert the clause at 3452.242–70 (Litigation and claims) in all solicitations and resultant cost-reimbursement contracts.     

## 3442.7002 Delays clause.

The contracting officer must insert the clause at 3452.242–71 (Notice to the Government of delays) in all solicitations and contracts other than purchase orders.
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 Trey Resources, Inc. ("the Company")
on Form 10-Q for the period ended March 31, 2008, as filed with the Securities
and Exchange Commission on the date hereof ("the Report"), I, Mark Meller,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, 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.


                                       Date: May 15, 2008

                                       By /s/ Mark Meller
                                       -----------------------------------------
                                       Mark Meller
                                       President, Chief Executive Officer and
                                       Principal Financial Officer
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 2 0 2 3

- 2258

_____________________________
A NTHONY R AY P EEK ,

Petitioner

,

v.

F LORIDA C OMMISSION ON O FFENDER R EVIEW ,
Respondent

.

_____________________________

Petition for Writ of Certiorari

— Original Jurisdiction

.

April 3, 2024

T ANENBAUM , J

. The trial court below dismissed the petitioner’s complaint seeking a writ of prohibition. The order of dismissal in that instance is a final order. It is appealable as a matter of right because the trial court did not render that order in a review capacity. Cf. City of Deerfield Beach v. Vaillant , 419 So. 2d 624, 626 (Fla. 1982) (agreeing that “ a final judgment of a circuit court acting i n its review capacity is not appealable as a matter of right ”). We in turn convert the petition to an appeal. See Fla. R. App. P. 9.0 4 0(c) . The appeal, however, is untimely. See Fla. R. App. P. 9.110(b) (requiring that a notice of appeal be filed within th irty days of rendition of the order to be reviewed); see also Art. V, § 2(a), Fla. Const. (providing authority to the supreme court to “ adopt2 rules for the practice and procedure in all courts including the time for seeking appellate review”)

.
Timeliness o f an appeal is jurisdictional

. Cf. § 59.081(2), Fla. Stat. ( “Failure to invoke the jurisdiction of [an appellate court] within the time prescribed by [supreme court rule] shall divest such court of jurisdiction to review such cause.” ). W hen a notice of appeal has been untimely filed, dismissal is the only course of action for this court. See Donin v. Goss , 69 So. 2d 316, 318 (Fla. 1954) (“However, a principle so well settled that no citation of authority is required, is that jurisdiction cannot be conferred on this Court by consent. Unless an appeal is taken within the prescribed time, this Court has no jurisdiction whatever.”); see also Counne v. Saffan , 87 So. 2d 586, 587 (Fla. 1956) (“The filing of the notice of appeal is jurisdictional and this court is without power to exercise its jurisdiction in the absence of the filing of such a notice within the time and manner prescribed by our rules.”); State ex rel. Diamond Berk Ins. Agency, Inc. v. Carroll , 102 So. 2d 129, 131 (Fla. 1958) (“A court has no power to act in the absence of a jurisdictional foundation for the exercise of the power. The timely and proper filing of a notice of appeal is a jurisdictional essential to enable an appellate court to exercise its power.”) ; Peltz v. Dist. Ct

. of Appeal, Third Dist. , 605 So. 2d 865, 866 (Fla. 1992) (“The untimely filing of a notice of appeal precludes the appellate court from exercising jurisdiction.”).

B.L. T HOMAS , J., concur s; L EWIS , J., concurs in result only without opinion

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________

Anthony Ray Peek

, pro se, Petitioner

.
No appearance for Respondent

.
#### William C. Ramsey, Respondent, v. State of New York, Appellant

(Claim No. 27109.)

All concur, except Taylor, P. J., who dissents and votes for reversal and for dismissal of the claim on the ground that the proofs fail to establish that the State was negligent. (The judgment is for claimant on a claim against the State for personal injuries sustained by reason of negligent condition of State highway.) Present— Taylor, P. J., MeCurn, Love, Kimball and Piper, JJ.
**Exhibit32.2**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANTTO 18 U.S.C. SECTION 1350, AS ADOPTED (Pursuant to Section 906 of theSarbanes-Oxley Act of 2002)**

 

Jack B. Buchold certifies asfollows:

 

3.               I am the ChiefFinancial Officer of The Bank Holdings.

 

4.               The Form 10-Qof The Bank Holdings for the Quarter Ended September 30, 2007 fully complieswith the requirements of section 13(a) of the Securities Exchange Act of 1934and the information contained in the report on Form 10-Q fairly presents, in allmaterial respects, the financial condition and results of operations of TheBank Holdings.

 

 

 
| Date:  | November 7, 2007 |   | /s/ Jack B. Buchold     |   |
|--------|------------------|--------|-------------------------|--------|
|   |             |   | THE BANK HOLDINGS       |   |
|   |             |   | Jack B. Buchold         |   |
|   |             |   | Chief Financial Officer |   |
|   |             |   |                    |   |
###### Editorial Note on Part 260

#### Editorial Note:

Nomenclature changes to part 260 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 260.7a-1 Form for application.

Form T-3 shall be used for applications for qualification of indentures pursuant to section 307(a).
#### Herbert S. Sisson, as State Commissioner of Excise of the State of New York, Respondent, *v.*134 Cases of Ale, Lager and Divers Other Liquors. West End Brewing Company, Claimant, Appellant.

*Intoxicating liquors*— *JUguor Tax Law, section*33 — *when evidence sufficient to authorize confiscation of liquor.*

Appeal from a judgment of the Oneida County Court, entered in the office of the clerk of Oneida county September 17, 1919, on the verdict of a jury, forfeiting and confiscating liquors kept at the premises 100 Jasper street, in the city of Rome, and also from an order, entered October 14,1919, denying a motion for a new trial made upon the minutes.

Per Curiam:

While the evidence is sufficient to show that the bottled beer was stored and kept for the purpose of sale and distribution in violation of the statute, that of itself does not warrant confiscating the entire stock. It was only such as was to be sold and distributed in violation of the statute that is required to be confiscated.* It was lawful to dispose of the béer and ale in the original kegs and barrels containing five gallons or more, and the undisputed proof shows tha’t none of the beer was bottled at the place of storage, but all bottled beer was bottled at Utica. We think the verdict of the jury is contrary to law and against the evidence, as regards the beer in kegs and barrels and that the judgment and order should be reversed and a new trial granted, with costs to the appellant to abide the event. All concur; Hubbs, J., in result only. Judgment and order reversed and new trial granted, with costs [to appellant to abide event. The reversal is upon questions of law and also upon the ground that the finding of the jury as regards the beer in kegs and barrels is contrary to and against the evidence.

*

 See Liquor Tax Law, § 33, as amd. by Laws of 1913, chap. 614, and Laws of 1916, chap. 417.— [Rep.