alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                   EXHIBIT 11.01

                         FIREARMS TRAINING SYSTEMS, INC.
          STATEMENT REGARDING COMPUTATION OF EARNINGS PER COMMON SHARE
                      (IN THOUSANDS, EXCEPT PER SHARE DATA)


<TABLE>
<CAPTION>
                                      BASIC EARNINGS PER SHARE (1)    DILUTED EARNINGS PER SHARE (1)
                                          THREE MONTHS ENDED                THREE MONTHS ENDED           
                                                JUNE 30,                        JUNE 30,                
                                             1998       1997               1998         1997            
                                          --------    --------           --------     -------           
<S>                                       <C>         <C>                <C>          <C>             
Weighted average number of common                                                                      
  shares outstanding                        20,664      20,403             20,664      20,403          
                                                                                                       
Shares issued upon assumed exercise of                                                                 
  outstanding options                           --          --                 --       1,288          
                                          --------     -------           --------     -------          
Weighted average common and common                                                                     
  equivalent shares outstanding             20,664      20,403             20,664      21,691          
                                          ========     =======           ========     =======          
                                                                                                       
Net income                                $ (2,018)    $ 2,186           $ (2,018)    $ 2,186          
                                          ========     =======           ========     =======          
                                                                                                       
Earnings per share                        $  (0.10)    $  0.11           $  (0.10)    $  0.10          
                                          ========     =======           ========     =======          
                                                                        
---------
</TABLE>

(1)      Shares reflect a 100,000-for-one stock split in July 1996 in connection
         with the recapitalization and a split of 1.66-for-one in October 1996.
#### H. B. Krauel, appellant, v. The Decatur Lumber & Manufacturing Company, appellee.

Suit for breach of contract for furnishing mill work. Judgment for defendant. Appeal from the Circuit Court of Macon county; the Hon. James S. Baldwin, Judge, presiding. Heard in this court at the October term, 1922.

Affirmed.

Opinion filed April 23, 1923.

Gunn & Platt and Whitley & Fitzgerald, for appellant; J. T. Whitley, of counsel. Wiley & Morey and Vail, Pogue & Allen, for appellee,

Mr. Presiding Justice Niehaus

delivered the opinion of the court.
### §3509. Medical standards

The owner of a vessel to which section 3507 applies shall ensure that—

(1) a physician is always present and available to treat any passengers who may be on board the vessel in the event of an emergency situation;

(2) the vessel is in compliance with the Health Care Guidelines for Cruise Ship Medical Facilities established by the American College of Emergency Physicians; and

(3) the initial safety briefing given to the passengers on board the vessel includes—

(A) the location of the vessel's medical facilities; and

(B) the appropriate steps passengers should follow during a medical emergency.

(Added Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8322(a), Jan. 1, 2021, 134 Stat. 4702.)

#### **Statutory Notes and Related Subsidiaries**

#### Exemptions for Certain Passenger Vessels

For provisions exempting certain passenger vessels from the requirements authorized under this section, see section 11510 of Pub. L. 117–263, set out as a note under section 3508 of this title.
CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

To the Board of DirectorsMDwerks, Inc.

We hereby consent to the use in Form 10KSB our report dated
January  25,  2006, except for the second paragraph in Note
10 to the consolidated financial statements, as to which the date is
February  1,  2006 and the third paragraph of Note 10 to the
consolidated financial statements, as to which the date is
February  13,  2006 on the consolidated financial statements
of MDwerks, Inc. and Subsidiaries as of December  31,  2005
and for each of the two years in the period ended December
31,  2005.

GOLDSTEIN GOLUB KESSLER LLP

New York, New York

March
22,  2006

---
### §1343. Repealed. Pub. L. 105–362, title IX, §901(l)(1), Nov. 10, 1998, 112 Stat. 3290

Section, acts Aug. 7, 1953, ch. 345, §15, 67 Stat. 470; Pub. L. 95–372, title II, §207, Sept. 18, 1978, 92 Stat. 648; Pub. L. 99–367, §2(a), July 31, 1986, 100 Stat. 774, related to Secretary's annual report to Congress concerning outer Continental Shelf leasing and production program and promotion of competition in leasing.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

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MERCATOR PROJECTION
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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 on Form 10-K for the year ended
June 30, 2006 (the "Report") of Kearny  Financial Corp. (the "Company") as filed
with the  Securities  and Exchange  Commission  on the date hereof,  we, John N.
Hopkins, President and Chief Executive Officer, and Albert E. Gossweiler, Senior
Vice  President  and Chief  Financial  Officer,  certify,  pursuant to 18 U.S.C.
'1350, as adopted pursuant to '906 of the Sarbanes-Oxley Act of 2002, that:

         (1) The Report fully complies with the requirements of Section 13(a) 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/John N. Hopkins
                               -------------------------------------------------
                               John N. Hopkins
                               President and Chief Executive Officer



                               /s/Albert E. Gossweiler
                               -------------------------------------------------
                               Albert E. Gossweiler
                               Senior Vice President and Chief Financial Officer


September 12, 2006
1

The HONORABLE JOSEPH F. BATAILLON, Chief Judge of United States

District Court for the District of Nebraska.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 08-1621

___________

Telco Group, Inc., individually and *

on behalf of all persons similarly *

situated, *

*

Plaintiff - Appellant, * Appeal from the United States

* District Court for the

v. * District of Nebraska.

*

Ameritrade, Inc., et al., * [TO BE PUBLISHED]

*

Defendants - Appellees. *

___________

Submitted: January 15, 2009

Filed: January 26, 2009

___________

Before LOKEN, Chief Judge, WOLLMAN and SHEPHERD, Circuit Judges.

___________

PER CURIAM.

Telco Group, Inc., appeals the district court’s1

 final order dismissing Telco’s

claims with prejudice for failure to prosecute. However, Telco does not challenge this

order on the merits, for example, by arguing that the district court abused its discretion

under Rule 41(b) of the Federal Rules of Civil Procedure in dismissing Telco’s claims

with prejudice. See Rodgers v. Curators of Univ. of Mo.,135 F.3d 1216, 1219 (8th
-2-

Cir. 1998) (standard of review). Accordingly, the final order of dismissal is affirmed.

See F.R.A.P. 28(a)(5), (9); Harris v. Folk Const. Co., 138 F.3d 365, 366 n.1 (8th Cir.

1998). 

Telco does challenge the district court’s earlier order denying Telco’s motion

for class certification. However, because its claims have been dismissed with

prejudice, reversing the denial of class certification would afford Telco no relief.

Moreover, as its claims have been dismissed, Telco is no longer a member of and

therefore cannot represent the putative but uncertified class. See In re Milk Prods.

Antitrust Lit., 195 F.3d 430, 436 (8th Cir.), cert denied, 529 U.S. 1038 (2000).

“Without a class representative, the putative class cannot be certified.” Great Rivers

Co-op v. Farmland Ind., Inc., 120 F.3d 893, 899 (8th Cir. 1987). 

It is well settled that “there must be a live controversy at the time this Court

reviews the case.” Sosna v. Iowa, 419 U.S. 393, 402 (1975). In these circumstances,

it is appropriate to “affirm the dismissal and . . . not reach the class certification

issue.” Hutchins v. A.G. Edwards & Sons, Inc., 116 F.3d 1256, 1257 (8th Cir. 1997).

The judgment of the district court is affirmed.

______________________________
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3025 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 3025

           To extend the suspension of duty on Esfenvalerate.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 22, 2005

  Mr. Castle introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
           To extend the suspension of duty on Esfenvalerate.

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

SECTION 1. ESFENVALERATE.

    (a) In General.--Heading 9902.01.45 of the Harmonized Tariff 
Schedule of the United States (relating to Esfenvalerate) is amended by 
striking ``12/31/2006'' and inserting ``12/31/2009''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
§ 902.83 Sanctions for troubled performer PHAs. ( a ) If a troubled performer PHA fails to make substantial improvement, as set forth in § 902.75(d), HUD shall: ( 1 ) In the case of a troubled performer PHA with 1,250 or more units, declare substantial default in accordance with § 907.3(b)(3) of this chapter and petition for the appointment of a receiver pursuant to section 6(j)(3)(A)(ii) of the Act (42 U.S.C. 1437d(j)(3)(A)(ii)); or
( 2 ) In the case of a troubled performer PHA with fewer than 1,250 units, declare substantial default in accordance with § 907.3(b)(3) of this chapter and either petition for the appointment of a receiver pursuant to section 6(j)(3)(A)(ii) of the Act (42 U.S.C. 1437d(j)(3)(A)(ii)), or take possession of the PHA (including all or part of any project or program of the PHA) pursuant to section 6(j)(3)(A)(iv) of the Act (42 U.S.C. 1437d(j)(3)(A)(iv)), and appoint, on a competitive or noncompetitive basis, an individual or entity as an administrative receiver to assume the responsibilities of HUD for the administration of all or part of the PHA (including all or part of any project or program of the PHA).
( 3 ) In the case of substantial default by a troubled performer PHA, nothing in this section shall be construed to limit the courses of action available to HUD under this part, 24 CFR part 907, or section 6(j)(3)(A) of the Act (42 U.S.C. 1437d(j)(3)(A)) for any other substantial default by a PHA.
( b ) If a troubled performer PHA fails to execute or meet the requirements of an MOA in accordance with § 902.75, other than as specified in paragraph (a) of this section, the PHA may be deemed to be in substantial default by HUD and any remedy available therefore may be invoked in the discretion of HUD.
§ 881.212 Broadband infrastructure. Any new construction or substantial rehabilitation, as substantial rehabilitation is defined by 24 CFR 5.100, of a building with more than 4 rental units and that is subject to a Housing Assistance Payments contract executed or renewed after January 19, 2017 must include installation of broadband infrastructure, as this term is also defined in 24 CFR 5.100, except where the owner determines and documents the determination that: ( a ) The location of the new construction or substantial rehabilitation makes installation of broadband infrastructure infeasible;
( b ) The cost of installing broadband infrastructure would result in a fundamental alteration in the nature of its program or activity or in an undue financial burden; or
( c ) The structure of the housing to be substantially rehabilitated makes installation of broadband infrastructure infeasible.
[81 FR 92637, Dec. 20, 2016]
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 this Amended Annual Report of Orgral Techologies Corp. (the
"Company") on Form 10-KSB for the year ending May 31, 2005, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Helena
Heit, Chief Executive Officer and Chief Financial Officer of the Company,
certifies to the best of his knowledge, pursuant to 18 U.S.C. Sec. 1350, as
adopted pursuant to Sec. 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 result of operations of
          the Company.


/s/ Helena Heit
--------------------------
Helena Heit
Chief Executive Officer and
Chief Financial Officer

August 30, 2006
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 Annual Report of SendTec, Inc. (the Company) on Form 10-KSB/A for
the year ended December 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Paul Soltoff, Principal 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, to my knowledge:



| | (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/ Paul Soltoff             
|Paul Soltoff                 
|Chief Executive Officer      
|(Principal Executive Officer)
|                             
|August 20, 2008
<PAGE>


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 on Form 10-QSB of Computerized Thermal
Imaging, Inc., (the "Company") for the quarterly period ended March 31, 2005, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Richard V. Secord, 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 that, to the best of my knowledge:

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/ Richard V. Secord
-------------------------------
Richard V. Secord
Chairman of the Board and Chief
Executive Officer

May 20, 2005
§ 401.421 Rental Assistance Assessment Plan. ( a ) *Plan required.* For any project not subject to mandatory project-based assistance under § 401.420, the PAE must develop a Rental Assistance Assessment Plan in accordance with section 515(c)(2) of MAHRA to determine whether assistance should be renewed as project-based assistance or whether some or all of the assisted units should be converted to tenant-based assistance.
( b ) *Matters to be assessed.* The PAE must include an assessment of the impact of converting to tenant-based assistance and the impact of renewing project-based assistance on: ( 1 ) The ability of the tenants to find adequate, available, decent, comparable, and affordable housing in the local market;
( 2 ) The types of tenants residing in the project (such as elderly families, disabled families, large families, and cooperative homeowners);
( 3 ) The local housing needs identified in the applicable Consolidated Plan developed under part 91 of this title;
( 4 ) The cost of providing assistance, comparing the applicable payment standard to the rent levels permitted by §§ 401.410 and 401.411;
( 5 ) The long-term financial stability of the project;
( 6 ) The ability of residents to make reasonable choices about their individual living situations;
( 7 ) The quality of the neighborhood in which the tenants would reside; and
( 8 ) The project's ability to compete in the marketplace.
( c ) *Conversion may be phased in.* Any conversion from project-based assistance to tenant-based assistance may occur over a period of not more than 5 years if the PAE decides the transition period is needed for the financial viability of the project.
( d ) *Reports to HUD.* The PAE must report to HUD on the matters specified in section 515(c)(2)(C) of MAHRA at least semi-annually.
[65 FR 15485, Mar. 22, 2000, as amended at 65 FR 53900, Sept. 6, 2000]
§ 905.500 Purpose and description. ( a ) This subpart provides the requirements necessary for a PHA to participate in the Capital Fund Financing Program (CFFP), under which the PHA may obtain HUD approval to borrow private capital and pledge a portion of its annual Capital Fund grant or public housing assets and other public housing property of the public housing agency as security.
( b ) Under the CFFP, PHAs are permitted to borrow private capital to finance public housing development or modernization activities. A PHA may use a portion of its Capital Fund for debt service payments and usual and customary financing costs associated with public housing development or modernization (including public housing in mixed-finance developments). A PHA that undertakes such financing activities may, subject to HUD's written approval, grant a security interest in its future annual Capital Fund grants, which shall be subject to the appropriation of those funds by Congress. The PHA's financing activities are not obligations or liabilities of the Federal Government. The Federal Government does not assume any liability with respect to any such pledge of future appropriations, and the Federal Government neither guarantees nor provides any full faith and credit for these financing transactions.
<TABLE> <S> <C>

<ARTICLE>                     5
<CIK>                         0001021810
<NAME>                        InteliData Technologies Corporation
<MULTIPLIER>                  1,000
<CURRENCY>                    U.S.

<S>                             <C>
<PERIOD-TYPE>                   3-mos
<FISCAL-YEAR-END>               Dec-31-1999
<PERIOD-START>                  Jan-01-2000
<PERIOD-END>                    Mar-31-2000
<EXCHANGE-RATE>                 1
<CASH>                                     10,695
<SECURITIES>                               39,602
<RECEIVABLES>                               2,900
<ALLOWANCES>                                 (523)
<INVENTORY>                                     0
<CURRENT-ASSETS>                           53,511
<PP&E>                                      2,018
<DEPRECIATION>                             (1,123)
<TOTAL-ASSETS>                             54,601
<CURRENT-LIABILITIES>                       5,304
<BONDS>                                         0
<PREFERRED-MANDATORY>                           0
<PREFERRED>                                     0
<COMMON>                                       39
<OTHER-SE>                                 49,258
<TOTAL-LIABILITY-AND-EQUITY>               54,601
<SALES>                                       436
<TOTAL-REVENUES>                            2,619
<CGS>                                           0
<TOTAL-COSTS>                                 992
<OTHER-EXPENSES>                            4,902
<LOSS-PROVISION>                                0
<INTEREST-EXPENSE>                              0
<INCOME-PRETAX>                            39,481
<INCOME-TAX>                                  790
<INCOME-CONTINUING>                        38,691
<DISCONTINUED>                                  0
<EXTRAORDINARY>                                 0
<CHANGES>                                       0
<NET-INCOME>                               38,691
<EPS-BASIC>                                  1.01
<EPS-DILUTED>                                 .94


</TABLE>