alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1

                                                                    EXHIBIT 11.1

                                 OMTOOL, LTD.
            STATEMENT REGARDING COMPUTATION OF EARNINGS PER SHARE
 
<TABLE>
<CAPTION>
                                                           For the three     For the nine
                                                           months ended      months ended
                                                           September 30,     September 30,
                                                               1997              1997
                                                           -----------       -----------
 
<S>                                                          <C>               <C>      
Weighted average common stock outstanding 
   during the period                                         8,947,370         6,564,361

Assumed conversion of outstanding preferred
   stock to common stock                                     1,254,509         2,442,991

Shares issuable from the assumed exercise of stock
   options, computed in accordance with the 
   treasury stock  method                                    1,118,430           938,403
  
Dilutive effect of common and common equivalent
   shares issued subsequent to June 17, 1996, 
   computed in accordance with the treasury 
   stock method (1)                                                 --           152,903
                                                           -----------       -----------
Weighted average number of common and common
   equivalent shares outstanding                            11,320,309        10,098,658
                                                           ===========       ===========

Net income                                                 $   645,178       $ 1,349,074
                                                           ===========       ===========

Net income per common and common equivalent share          $      0.06       $      0.13
                                                           ===========       ===========
</TABLE>


(1)  Pursuant to SEC Staff Accounting Bulletin No 83, common and preferred
     stock, and stock options issued at prices below an assumed initial public
     offering price of $9.00 per share during the twelve month period
     immediately preceding the initial filing date of the Company's Registration
     Statement for its initial public offering have been included as outstanding
     for all periods. The dilutive effect of the common and common share
     equivalents was computed in accordance with the treasury stock method.
#### § 203.491 Effect of sale of insured loan.

When an insured loan is sold to another approved lender, the buyer shall thereupon succeed to all the rights and become bound by all the obligations of the seller under the contract of insurance and the seller shall be released from its obligations under the contract, provided that the seller shall not be relieved of its obligation to pay insurance premiums until the notice required by § 203.489 is received by HUD.

[45 FR 27929, Apr. 25, 1980]
### §7258. Facilities construction

#### (a) Employees and dependents stationed at remote locations

As necessary and when not otherwise available, the Secretary is authorized to provide for, construct, or maintain the following for employees and their dependents stationed at remote locations:

(1) Emergency medical services and supplies;

(2) Food and other subsistence supplies;

(3) Messing facilities;

(4) Audio-visual equipment, accessories, and supplies for recreation and training;

(5) Reimbursement for food, clothing, medicine, and other supplies furnished by such employees in emergencies for the temporary relief of distressed persons;

(6) Living and working quarters and facilities; and

(7) Transportation of schoolage dependents of employees to the nearest appropriate educational facilities.

#### (b) Medical treatment at reasonable prices

The furnishing of medical treatment under paragraph (1) of subsection (a) and the furnishing of services and supplies under paragraphs (2) and (3) of subsection (a) shall be at prices reflecting reasonable value as determined by the Secretary.

#### (c) Use of reimbursement proceeds

Proceeds from reimbursements under this section shall be deposited in the Treasury and may be withdrawn by the Secretary to pay directly the cost of such work or services, to repay or make advances to appropriations of funds which will initially bear all or a part of such cost, or to refund excess sums when necessary. Such payments may be credited to a working capital fund otherwise established by law, including the fund established pursuant to section 7263 of this title, and used under the law governing such fund, if the fund is available for use by the Department for performing the work or services for which payment is received.

(Pub. L. 95–91, title VI, §648, Aug. 4, 1977, 91 Stat. 600.)
1

The Honorable James M. Moody, United States District Judge for the Eastern

District of Arkansas, adopting the report and recommendations of the Honorable H.

David Young, United States Magistrate Judge for the Eastern District of Arkansas. 

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 09-2621

___________

Wilma F. Bankston, *

*

Appellant, * Appeal from the United States

* District Court for the

v. * Eastern District of Arkansas.

*

Michael J. Astrue, Commissioner, * [UNPUBLISHED]

Social Security Administration, *

*

Appellee. *

___________

Submitted: March 19, 2010

Filed: March 26, 2010

___________

Before BYE, RILEY, and SHEPHERD, Circuit Judges.

___________

PER CURIAM.

Wilma F. Bankston appeals the district court’s1

 order affirming the denial of

disability insurance benefits. Bankston alleged disability from anxiety, depression,

diabetes, arthritis, headaches, a seizure disorder, and short-term memory loss. After

a hearing, an administrative law judge determined that Bankston’s severe

impairments--major depression, Type II diabetes with neuropathy, arthritis, and
-2-

obesity--did not meet or equal the requirements of any listing, alone or combined, and

that her subjective complaints were not entirely credible. The ALJ concluded further,

relying on the testimony of a vocational expert and using the Medical Vocational

Guidelines as a framework, that even though Bankston’s residual functional capacity

precluded her past relevant work, she could perform other jobs existing in significant

numbers. The Appeals Council denied review, and the district court affirmed. Having

conducted careful de novo review of the record and the parties’ submissions on

appeal, we agree with the district court that substantial evidence on the record as a

whole supports the denial of benefits. See Tilley v Astrue, 580 F.3d 675, 679 (8th Cir.

2009) (standard of review). We reject without further discussion the arguments in

Bankston’s counseled brief, because they are unsupported by the record, are legally

unsupported, or are not sufficiently developed.

Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________
Case 3:09-cv-01047-MMC Document 35 Filed 08/09/10 Page 1 of 3
Case 3:09-cv-01047-MMC Document 35 Filed 08/09/10 Page 2 of 3
August 9, 2010

Case 3:09-cv-01047-MMC Document 35 Filed 08/09/10 Page 3 of 3
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-40870

Summary Calendar

RICKEY A. CARUTHERS,

Petitioner-Appellant

v.

F. LARA, Warden,

Respondent-Appellee

Appeals from the United States District Court

for the Eastern District of Texas

USDC No. 1:14-CV-325

Before DAVIS, JONES, and GRAVES, Circuit Judges.

PER CURIAM:*

Ricky A. Caruthers, federal prisoner # 16601-075, appeals the district 

court’s dismissal of his 28 U.S.C. § 2241 petition, which challenged the 180-

month sentence imposed upon his conviction of being a felon in possession of a 

firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924. Pro se briefs are 

afforded liberal construction. Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 

1993). Nevertheless, when an appellant fails to identify any error in the 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

August 27, 2015

Lyle W. Cayce

Clerk

 Case: 14-40870 Document: 00513171649 Page: 1 Date Filed: 08/27/2015
No. 14-40870

2

district court’s analysis, it is the same as if the appellant had not appealed that 

issue. Brinkmann v. Dallas Cnty Deputy Sheriff Abner, 813 F.2d 744, 748 (5th 

Cir. 1987). Because Caruthers has failed to brief any challenge to the reasons 

the district court dismissed his § 2241 petition for lack of jurisdiction, he has 

abandoned the critical issue of this appeal. Accordingly, the district court’s 

judgment is AFFIRMED. All motions pending before this court are DENIED.

 Case: 14-40870 Document: 00513171649 Page: 2 Date Filed: 08/27/2015
** **

**Exhibit99.1**

** **

**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 Omtool, Ltd. (the “Company”)on Form 10-Q for the period ended June 30, 2002 as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), I, Robert L. Voelk,Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350,as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to myknowledge, that:

 

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

 

                (2)  The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 

 
| /s/ Robert L. Voelk     |
|-------------------------|
|                    |
| Robert L. Voelk         |
| Chief Executive Officer |
| August 14, 2002         |

 

 

----
### §9811. Limitation on assistance

No financial assistance shall be provided under this part unless the Secretary determines that—

(1) any cooperative association receiving assistance has a minimum of fifteen active members, a majority of which are low-income rural persons;

(2) adequate technical assistance is made available and committed to the programs being supported;

(3) such financial assistance will materially further the purposes of this part; and

(4) the applicant is fulfilling or will fulfill a need for services, supplies, or facilities which is otherwise not being met.

(Pub. L. 97–35, title VI, §622, Aug. 13, 1981, 95 Stat. 494.)
### §7144c. Repealed. Pub. L. 116–92, div. E, title LXIV, §6421(b), Dec. 20, 2019, 133 Stat. 2199

Section, Pub. L. 95–91, title II, §216, as added Pub. L. 106–65, div. C, title XXXII, §3204(a), Oct. 5, 1999, 113 Stat. 956; amended Pub. L. 109–364, div. C, title XXXI, §3117(f), Oct. 17, 2006, 120 Stat. 2508, established the Office of Intelligence.
11925/0001/806902.3 [Proposed] Order Re Appointment of Discovery Referee

Case No.: 3:08-cv-02270-SC

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JOHN B. SULLIVAN (State Bar No. 96742)

jbs@severson.com

SUNNY S. HUO (State Bar No. 181071)

ssh@severson.com

SEVERSON & WERSON

A Professional Corporation

One Embarcadero Center, Suite 2600

San Francisco, CA 94111

Telephone: (415) 398-3344

Facsimile: (415) 956-0439

Attorneys for Defendant

SEATTLE MORTGAGE COMPANY

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MARY B. LABRADOR, individually and on 

behalf of all others similarly situated,

Plaintiff,

vs.

SEATTLE MORTGAGE COMPANY,

Defendant.

Case No.: 3:08-cv-02270-SC

[PROPOSED] ORDER RE 

APPOINTMENT OF DISCOVERY 

REFEREE

Courtroom: 1

Judge: Hon. Samuel B. Conti

Case 3:08-cv-02270-SC Document 70 Filed 04/30/10 Page 1 of 2
-1-

11925/0001/806902.3 [Proposed] Order Re Appointment of Discovery Referee

Case No.: 3:08-cv-02270-SC

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[PROPOSED] ORDER

Good cause appearing, the Court hereby Orders the following:

1. Magistrate Judge __________ is appointed to serve as Discovery Referee in this 

matter.

2. A conference will take place on [April 30 / May 7], 2010, at _______ a.m./p.m. in 

Department ____ before the Discovery Referee to resolve the issues of (a) the timing of the 

depositions of Bank of America person-most-knowledgeable regarding Seattle Mortgage 

documents and Mr. Nixon; (b) the timing of other depositions the parties intend to take in 

preparation for class certification; and (c) the language to be used in the Stipulated Protective 

Order to be submitted to the Court in this action. Counsel for Plaintiff, Defendant Seattle 

Mortgage, and Third-Party Witness Bank of America are all to attend.

IT IS SO ORDERED.

Dated: April ____, 2010 By:

Hon. Samuel Conti

U.S. District Court Judge

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

DENIED

Judge Samuel Conti

Case 3:08-cv-02270-SC Document 70 Filed 04/30/10 Page 2 of 2
###### Editorial Note on Part 713

#### Editorial Note:

Nomenclature changes to part 713 appear at 84 FR 37752, Aug. 2, 2019.

#### § 713.2 When does this part apply?

This part applies if you want to obtain nonpublic records or testimony of an DFC employee for a legal proceeding. It does not apply to records that DFC is required to release, records which DFC discretionarily releases under the Freedom of Information Act (FOIA), records that DFC releases to federal or state investigatory agencies, records that DFC is required to release pursuant to the Privacy Act, 5 U.S.C. 552a, or records that DFC releases under any other applicable authority.

[79 FR 8619, Feb. 13, 2014]
### SUBCHAPTER L—MISSOURI RIVER BASIN PROJECT, SOUTH DAKOTA
#### (A) The People of the State of New York v. Jerome Swanson. (B) The People of the State of New York v. Hoyle Turner.

[In each *644action] Motion for leave to appeal as a poor person granted to the extent and on the terms and conditions contained in the order of this court filed herein. Concur—Breitel, J. P., Rabin, Valente, McNally and Eager, JJ.
United States District Court

For the Northern District of California

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United States District Court

For the Northern District of California

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

STANLEY G. HILTON,

Plaintiff,

 v.

WASHINGTON MUTUAL BANK, et al.,

Defendants. /

No. C 09-1191 SI

JUDGMENT 

The Court has dismissed plaintiff’s claims without leave to amend. Judgment is entered

accordingly.

IT IS SO ORDERED AND ADJUDGED.

Dated: March 1, 2010 

SUSAN ILLSTON

United States District Judge

Case 3:09-cv-01191-SI Document 104 Filed 03/01/10 Page 1 of 1
#### § 213.1 Eligibility requirements.

The eligibility requirements set forth in 24 CFR part 200, subpart A, apply to multifamily project mortgages insured under section 213 of the National Housing Act (12 U.S.C. 1715e), as amended.

[61 FR 14405, Apr. 1, 1996]
§ 92.6 Authority of notarizing officers under international practice. Although such services are not mandatory, notarizing officers may, as a courtesy, perform notarial acts for use in countries with which the United States has formal diplomatic and consular relations. Generally the applicant for such service will be a United States citizen or a national of the country in which the notarized document will be used. The notarizing officer's compliance with a request for a notarial service of this type should be based on the reasonableness of the request and the absence of any apparent irregularity. When a notarizing officer finds it advisable to do so, the officer may question the applicant to such extent as may be necessary to be assured of the reasonableness of the request and the absence of irregularity. ( a ) That his notarial certificate may reasonably be expected to satisfy the legal requirements of the country in which the notarized document will be used;
( b ) That the notarial service is legally necessary and cannot be obtained otherwise than through a United States notarizing officer without loss or serious inconvenience to the applicant; and
( c ) That the notarial certifcate will be used solely for a well-defined purpose, as represented by the applicant for the service. (See also § 92.4(c) regarding notarial services for use in countries occupied by the United States or under its administrative jurisdiction.)
[22 FR 10858, Dec. 27, 1957, as amended at 60 FR 51721, Oct. 3, 1995]
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                         574,832
<SECURITIES>                                         0
<RECEIVABLES>                                  331,181
<ALLOWANCES>                                  (26,400)
<INVENTORY>                                    165,434
<CURRENT-ASSETS>                             1,044,506
<PP&E>                                       1,392,796
<DEPRECIATION>                               (643,494)
<TOTAL-ASSETS>                               1,997,680
<CURRENT-LIABILITIES>                        2,839,007
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        61,733
<OTHER-SE>                                   (957,909)
<TOTAL-LIABILITY-AND-EQUITY>                 1,997,680
<SALES>                                     13,645,695
<TOTAL-REVENUES>                            13,645,695
<CGS>                                       10,689,453
<TOTAL-COSTS>                               16,277,223
<OTHER-EXPENSES>                             (147,431)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              58,235
<INCOME-PRETAX>                            (2,542,332)
<INCOME-TAX>                                   163,715
<INCOME-CONTINUING>                        (2,706,047)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,706,047)
<EPS-PRIMARY>                                   (0.05)
<EPS-DILUTED>                                   (0.05)
        

</TABLE>
### SUBCHAPTER X—PAYMENT OF CONSTRUCTION CHARGES
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# • •

UNITED STATES EN' IRONMENTAL PROTECTION AGENCY REGION III 1650 Arch Street Philadelpt' a, Pennsylvania 19103-2029
Honorable John Hanger, Secretary PennsylvaniaDepartment ofEnvironmntalProtection Rachel Carson State Office Building P.O. Box 2063 Harrisburg, Pennsylvania 17105-2063 Dear Secretary Hanger: On April 22, 2009, the U.S. Environmental Protection Agency received a revision to the Pennsylvania State ImplementationPIa, (SIP) submitted by the PennsylvaniaDepartment of Environmental Protection on April 14, '009. This SIP revision consists ofamendments to the plan approval provisions codified in 2S 'A Code Chapter 127, Subchapter B. EPA has determined that the submittal is admini ratively andtechnically complete, and is reviewing it to prepare a Notice ofProposed Rulemak' g (NPR). Ifmembers ofyour staffhave any questions, they may directthemto Mr. Paul T. Wentworth, Permits and Technical Asse,smentBranch, at (215) 814-2183. He is the principal contact for this rulemaking.

cc: Ms. Joyce E. Epps, PA DEP Sincerely

DianaEsher, Acting Director. AirProtection Division (3APOO)

Customer .'. -rvice Hotline: 1-800-438-2474
I 

109TH CONGRESS 

1ST SESSION H. R. 2921 

To suspend temporarily the duty on a mixture of Butanedioic acid, 

dimethylester, polymer with 4-hydroxy-2,2,6,6-tetramethyl-1-piperidine 

ethanol and 1,3,5-Triazine-2,4,6-triamine,N,N′′’-[1,2-ethane-diyl-bis [ [ 

[4,6-bis-[butyl (1,2,2,6,6-pentamethyl-4-piperidinyl)amino]-1,3,5-triazine2 yl] imino]-3,1-propanediyl] ] bis[N’,N′′- dibutyl-N’,N′′-bis(1,2,2,6,6- 

pentamethyl-4-piperidinyl)-. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2005 

Mr. CASTLE introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on a mixture of Butanedioic 

acid, dimethylester, polymer with 4-hydroxy-2,2,6,6- 

tetramethyl-1-piperidine ethanol and 1,3,5-Triazine2,4,6-triamine,N,N′′’-[1,2-ethane-diyl-bis [ [ [4,6-bis- 

[butyl (1,2,2,6,6-pentamethyl-4-piperidinyl)amino]-1,3,5- 

triazine-2 yl] imino]-3,1-propanediyl] ] bis[N’,N′′- 

dibutyl-N’,N′′-bis(1,2,2,6,6-pentamethyl-4-piperidinyl)-. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 2921 IH 

1 SECTION 1. MIXTURE OF BUTANEDIOIC ACID, 

2 DIMETHYLESTER, POLYMER WITH 4-HY3 DROXY-2,2,6,6-TETRAMETHYL-1-PIPERIDINE 

4 ETHANOL AND 1,3,5-TRIAZINE-2,4,6-TRI5 AMINE,N,N’’’-[1,2-ETHANE-DIYL-BIS [ [ [4,6-BIS6 [BUTYL (1,2,2,6,6-PENTAMETHYL-4- 

7 PIPERIDINYL)AMINO]-1,3,5-TRIAZINE-2-YL] 

8 IMINO]-3,1-PROPANEDIYL] ] BIS[N’,N’’- 

9 DIBUTYL-N’,N’’-BIS(1,2,2,6,6-PENTAMETHYL-4- 

10 PIPERIDINYL)-. 

11 (a) IN GENERAL.—Subchapter II of chapter 99 of 

12 the Harmonized Tariff Schedule of the United States is 

13 amended by inserting in numerical sequence the following 

14 new heading: 

‘‘ 9902.09.08 Mixture of Butanedioic acid, 

dimethylester, polymer with 

4-hydroxy-2,2,6,6- 

tetramethyl-1-piperidine ethanol and 1,3,5-Triazine2,4,6-triamine,N,N’’’-[1,2- 

ethane-diyl-bis [ [ [4,6-bis- 

[butyl (1,2,2,6,6- 

pentamethyl-4- 

piperidinyl)amino]-1,3,5-triazine-2-yl] imino]-3,1- 

propanediyl] ] bis[N’,N’’- 

dibutyl-N’,N’’-bis(1,2,2,6,6- 

pentamethyl-4-piperidinyl)- 

(CAS Nos. 65447–77–0 and 

106990–43–6) (provided for 

in subheading 3812.30.90) .. Free No change No change On or before 

12/31/2008 ’’. 

15 (b) EFFECTIVE DATE.—The amendment made by 

16 subsection (a) applies to goods entered, or withdrawn from 

17 warehouse for consumption, on or after the 15th day after 

18 the date of enactment of this Act. 

Æ