alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                    EXHIBIT 11.5

                  DTE ENERGY COMPANY AND SUBSIDIARY COMPANIES
                  PRIMARY AND FULLY DILUTED EARNINGS PER SHARE
                                OF COMMON STOCK




<TABLE>
<CAPTION>
                                     Three                Nine               Twelve
                                     Months              Months              Months
                                     Ended               Ended               Ended
                               September 30, 1996  September 30, 1996  September 30, 1996
                               ------------------  ------------------  ------------------
                                             (Thousands, except per share amounts)

<S>                                      <C>                 <C>                 <C>
PRIMARY:
  Net Income                              $44,933            $231,626            $305,893
  Weighted average number
    of common shares
    outstanding (a)                       145,120             145,120             144,728
  Earnings per share of
    Common Stock based on
    weighted average number
    of shares outstanding                   $0.31               $1.60               $2.11

FULLY DILUTED:
  Net Income                              $44,933            $231,626            $305,893
  Convertible Preferred Stock
    dividends                                   -                   -                  12
                                         --------           ---------           ---------
                                          $44,933            $231,626            $305,905
                                         ========           =========           =========


  Weighted average number
    of common shares
    outstanding (a)                       145,120             145,120             144,728
  Conversion of convertible
    Preferred Stock                             -                   -                  58
                                         --------           ---------           ---------
                                          145,120             145,120             144,786
                                         ========           =========           =========

  Earnings per share of Common
    Stock assuming conversion of
    outstanding convertible
    Preferred Stock                         $0.31               $1.60               $2.11
</TABLE>
-----------------------------------------
(a)  Based on a daily average.
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 Dionics, Inc. (the Company) on Form 10-Q for the period ended March 31, 2008, as filed with the Securities and Exchange Commission (the Report), the undersigned certifies, 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 the undersigneds 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



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





|Dated:  November 11, 2008 | By:   /s/ Bernard Kravitz            
|------------------------- | -------------------------------------
|                          | Bernard Kravitz,                     
|                          | President and Chief Executive Officer
|                          | (Principal Executive Officer)        
|                          |                                      
|                          |                                      
|Dated: November 11, 2008  | By:    /s/ Bernard Kravitz           
|                          | Bernard Kravitz,                     
|                          | Principal Financial Officer          

































1
Exhibit32


****


****


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





In connection with the Quarterly Report of Tradequest International, Inc., a Mississippi corporation, (the "Company") on Form 10-QSB for the quarter ended September 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Ash Mascarenhas, President, Chief Financial Officer and Secretary of the Company, certify the following pursuant to Section 18, U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002:





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.





**TRADEQUEST INTERNATIONAL, INC.**Date: November 23, 2004
By:
/s/ Ash MascarenhasAsh MascarenhasTitle: President, Chief Financial Officer, and Secretary
#### Madeline Malavarco, as Administratrix of the Estate of Sam Malavarco, Deceased, Appellant, v. Village of Dobbs Ferry et al., Respondents.

Motion by appellant to restore the appeal to the calendar and to further extend appellant’s time to perfect the appeal, granted. The appeal is ordered on the calendar for the March Term, commencing February 27, 1961; time to perfect appeal enlarged accordingly. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel COPE AKI Applications.                    

*Date:*                         March 9-10, 2021.                    

*Time:*                         10:00 a.m. to 1:00 p.m.                    

*Agenda:*                         To review and evaluate cooperative agreement applications.                    

*Place:*                         National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard Bethesda, MD 20892 (Teleconference Call).                    

*Contact Person:*                         Ryan G. Morris, Ph.D., Scientific Review Officer, Review Branch, Division of Extramural Activities, NIDDK, National Institutes of Health, Room 7015, 6707 Democracy Boulevard, Bethesda, MD 20892-2542, (301) 594-4721,                         *ryan.morris@nih.gov.*
      ( print page 82495)    
(Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes of Health, HHS)

Dated: December 15, 2020. 

Miguelina Perez,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2020-27947 Filed 12-17-20; 8:45 am]

BILLING CODE 4140-01-P
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 Donnkenny Inc. (the "Company") on
Form 10-Q for the period ending September 30, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Maureen d.
Schimmenti, Chief 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 result of operations
            of the Company.


/s/ Maureen d. Schimmenti

Maureen d. Schimmenti
Chief Financial Officer

November 13, 2003


                                       25
<PAGE 1>

                                                             EXHIBIT 21


                     NAVISTAR INTERNATIONAL CORPORATION
                       AND CONSOLIDATED SUBSIDIARIES
                     ----------------------------------
                       SUBSIDIARIES OF THE REGISTRANT
                           AS OF OCTOBER 31, 1996


                                                             STATE OR
                                                            COUNTRY IN
                                                              WHICH
                                                            SUBSIDIARY
                                                             ORGANIZED
                                                             ---------
Subsidiary included in the financial
  statements, which is 100% owned:
  Navistar International Transportation Corp. ..........      Delaware


Subsidiaries that are 100% owned by Navistar
  International Transportation Corp.:
    Navistar International Corporation Canada ..........       Canada
    Navistar Financial Corporation .....................      Delaware


     Subsidiaries and corporate joint ventures not shown by name in the
above listing, if considered in the aggregate as a single subsidiary,
would not constitute a significant subsidiary.







































                                     E-6
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-40121 

Conference Calendar

 

LENARD ALFRED SMOCK, JR.,

Plaintiff-Appellant,

versus

UNIT HEALTH ADMINISTRATOR, Gurney Unit, Moore Unit;

MARIE BLACK, Nurse Practioner, Moore Unit; UP GREENWOOD,

Administration, Moore Unit; POLLA HEWITT, RN, Moore Unit;

UP KEARNEY, Administration, Moore Unit; ROCHELLE MCKINNEY,

RN, Moore Unit,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 3:01-CV-41

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

October 30, 2002

Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges. 

PER CURIAM:*

Lenard Alfred Smock, Texas prisoner # 885088, appeals the

district court's dismissal without prejudice of his pro se, in

forma pauperis 42 U.S.C. § 1983 action for failure to comply with

the order requiring him to answer specific questions about each

defendant’s personal involvement and actions supporting his claim
No. 02-40121

-2-

of deliberate indifference and for failure to exhaust

administrative remedies.

Smock’s appellate brief is devoted to arguing the merits of

his complaint. Smock does not adequately argue that the district

court erred in dismissing his complaint without prejudice based

on either failure to amend his complaint in compliance with the

magistrate judge’s order to provide specific facts concerning

each named defendant, or failure to provide proof that his claims

as to each named defendant were administratively exhausted.

Smock's appellate brief does not challenge the reasons for the

district court's dismissal of his complaint. Smock has thus

waived the only issues for appeal. Yohey v. Collins, 985 F.2d

222, 225 (5th Cir. 1993); Brinkmann v. Dallas County Deputy

Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). This appeal is

without arguable merit and is thus frivolous. See Howard v.

King, 707 F.2d 215, 219-20 (5th Cir. 1983). It is therefore

DISMISSED. See 5TH CIR. R. 42.2. Smock's outstanding motions are

DENIED.

The dismissal of this appeal counts as Smock’s second strike

under the Prison Litigation Reform Act. See Adepegba v. Hammons,

103 F.3d 383, 387 (5th Cir. 1996); Smock v. Unit Health

Administrator, No. 01-41402 (5th Cir. May 31, 2002)(unpublished)

(first strike). Smock is WARNED that if he accumulates three

"strikes" under 28 U.S.C. § 1915(g) he will not be able to

proceed IFP in any civil action or appeal filed while he is
No. 02-40121

-3-

incarcerated or detained in any facility unless he is under

imminent danger of serious physical injury. See 28 U.S.C.

§ 1915(g). 

APPEAL DISMISSED, MOTIONS DENIED, SANCTION WARNING ISSUED.
§ 581.28 Royalty. ( a ) The royalty due the lessor on OCS minerals produced (*i.e.,* sold, transferred, used, or otherwise disposed of) from a lease shall be set out in a separate schedule attached to and made a part of each lease and shall be as specified in the leasing notice. The royalty due on production shall be based on a percentage of the value or amount of the OCS mineral(s) produced, a sum assessed per unit of product, or other such method as the Secretary may prescribe in the leasing notice. When the royalty specified is a sum assessed per unit of product, the amount of the royalty shall be subject to an annual adjustment based on changes in the appropriate price index, when specified in the leasing notice. When the royalty is specified as a percentage of the value or amount of the OCS minerals produced, the Secretary will notify the lessee when and where royalty is to be delivered in kind. Unless stated otherwise in the lease, product valuation will be in accordance with the regulations in part 1206 of chapter XII. The value used in the computation of royalty shall be determined by the Director of the Office of Natural Resources Revenue.
( b ) When prescribed in the leasing notice and subsequently issued lease, royalty due on OCS minerals produced from a leasehold will be reduced for up to any 5 consecutive years, as specified by the lessee prior to the commencement of production, during the 1st through 15th year in the life of the lease. No royalty shall be due in any year of the specified 5-year period that occurs during the 1st through 10th years in the life of the lease, and a royalty of one-half the amount specified in the lease shall be due in any year of the specified 5-year period that occurs in the 11th through 15th year in the life of the lease. The lessee shall pay the amount specified in the lease rental for any royalty free year. The minimum royalty specified in the lease shall apply during any year of reduced royalty.
#### § 7.502 Definitions.

The following definitions apply in this subpart:

*Apparent temperature.* A measure of relative discomfort due to the combined effects of air movement, heat, and humidity on the human body.

*Breathable oxygen.* Oxygen that is at least 99 percent pure with no harmful contaminants.

*Flash fire.* A fire that rapidly spreads through a diffuse fuel, such as airborne coal dust or methane, without producing damaging pressure.

*Noncombustible material.* Material, such as concrete or steel, that will not ignite, burn, support combustion, or release flammable vapors when subjected to fire or heat.

*Overpressure.* The highest pressure over the background atmospheric pressure that could result from an explosion, which includes the impact of the pressure wave on an object.

*Refuge alternative.* A protected, secure space with an isolated atmosphere and integrated components that create a life-sustaining environment for persons trapped in an underground coal mine.
**THE SUPREME COURT OF TEXAS**

**Post Office Box 12248**

**Austin, Texas 78711**

**(512) 463-1312**

May 13, 2011

Mr. Thomas R. Phillips

Baker Botts L.L.P.

98 San Jacinto Center, Suite 1500

Austin, TX 78701

Mr. David M. Gunn

Beck, Redden & Secrest, L.L.P.

One Houston Center

1221 McKinney Street, Suite 4500

Houston, TX 77010-2010

Ms. Pamela Stanton Baron

Attorney at Law

P.O. Box 5573

Austin, TX 78763

Mr. Timothy Patton

Timothy Patton, PC

11 Lynn Batts Lane,  Suite 120

San Antonio, TX 78218

RE:Case Number:  09-0399

Court of Appeals Number:  04-06-00478-CV

Trial Court Number:  4,091

Style:BP AMERICA PRODUCTION COMPANY, ATLANTIC RICHFIELD COMPANY AND VASTAR RESOURCES, INC.

v.

STANLEY G. MARSHALL, JR., ROBERT RAY MARSHALL, CATHERINE IRENE MARSHALL F/K/A CATHERINE I.M. HASHMI, AND MARGARET ANN MARSHALL F/K/A MARGARET A.M. JEFFUS, BY AND THROUGH DAVID JEFFUS, AS INDEPENDENT EXECUTOR OF THE ESTATE OF MARGARET MARSHALL

Dear Counsel:

Today the Supreme Court of Texas issued an opinion in the above-referenced cause.  You may obtain a copy of the opinion at: http://www.supreme.courts.state.tx.us/historical/recent.asp.  If you would like the opinion by email, please contact Claudia Jenks at claudia.jenks@txcourts.gov or call (512)463-1312 ext. 41367.  (Justice Green not sitting)

Sincerely,

Blake A. Hawthorne, Clerk

by Claudia Jenks, Chief Deputy Clerk

Enclosure

**Case No. 09-0399Page 2**
#### Selchow & Righter Company, Appellant-Respondent, v Lee W. Tiffany, Respondent-Appellant.

In an action to compel specific performance of a contract to sell stock, (1) plaintiff appeals from so much of an order of the Supreme Court, Nassau County, dated July 11, 1977, as denied its application for summary judgment and (2) defendant cross-appeals from so much of the same order as denied the branch of his motion which sought partial summary judgment on his counterclaims. Order modified, on the law, by (1) deleting therefrom the provision which denied the branch of defendant’s motion which sought partial summary judgment and substituting therefor a provision awarding defendant partial summary judgment in the amount of $40,667.50 and (2) deleting therefrom the provision denying plaintiff’s application for summary judgment and substituting therefor a provision granting the application to the extent of directing defendant to sign the stock certificates at issue in blank and deposit them with the county clerk, to be held by him until such time as a final determination is made with regard to the factual issues raised. As so modified, order affirmed insofar as appealed from, without costs or disbursements. It is conceded that defendant is entitled to a minimum of $40,667.50 and that plaintiff is entitled to repurchase the stock in issue. The order has been modified accordingly. In the light of the factual issues raised, further relief is unwarranted until a trial is conducted to determine the cash value of one half the book value of the stock. Resolution of the questions concerning interest and dividends before and after the event must also await the trial. Shapiro, J. P., Cohalan, Margett and O’Connor, JJ., concur.
§ 43.7 Informal review upon written notice given to an inspector on the mine premises. ( a ) A representative of miners or, where there is no such representative, a miner, who has reason to believe that a violation of the Act or a mandatory health or safety standard exists, or an imminent danger exists, may notify an authorized representative of the Secretary in writing prior to or during an inspection conducted by such representative of any violation of the Act or mandatory health or safety standard or of any imminent danger which he or she has reason to believe exists in the mine being inspected. Where the authorized representative or the Secretary refuses to issue a citation or order with respect to such alleged violation or imminent danger, the representative of miners or miner may obtain review of such refusal in accordance with paragraphs (b) through (d) of this section.
( b ) A request for informal review shall be sent in writing to the appropriate district manager within 10 days of the date of the refusal to issue a citation or order and shall be accompanied by any supporting information the person requesting review wishes to submit.
( c ) After receipt of the request for informal review, the district manager or his agent may hold, at his or her discretion, an informal conference where the person requesting review can present his views.
( d ) After review of all written and oral statements submitted, the district manager may either affirm the refusal to issue a citation or order or may direct that a new inspection be conducted with respect to the alleged violation or imminent danger. The district manager shall furnish the person requesting review with a written statement of the reasons for his or her final disposition of the request as soon thereafter as possible. A copy of such statement shall be furnished the operator. The district manager's determination in the matter shall be final.
#### § 56.19129 Examinations and tests at beginning of shift.

Hoistmen shall examine their hoists and shall test overtravel, deadman controls, position indicators, and braking mechanisms at the beginning of each shift.
§ 580.4 What activities are not covered by this part? This part does not apply to: ( a ) G&G prospecting activities conducted by, or on behalf of, the lessee on a lease on the OCS;
( b ) Federal agencies;
( c ) Postlease activities for mineral resources other than oil, gas, and sulphur, which are covered by regulations at 30 CFR parts 582 and 282; and
( d ) G&G exploration or G&G scientific research activities related to oil, gas, and sulphur, including gas hydrates, which are covered by regulations at 30 CFR parts 551 and 251.
§ 550.246 What mineral resource conservation information must accompany the DPP or DOCD? The following mineral resource conservation information, as applicable, must accompany your DPP or DOCD: ( a ) *Technology and reservoir engineering practices and procedures.* A description of the technology and reservoir engineering practices and procedures you will use to increase the ultimate recovery of oil and gas (e.g., secondary, tertiary, or other enhanced recovery practices). If you will not use enhanced recovery practices initially, provide an explanation of the methods you considered and the reasons why you are not using them.
( b ) *Technology and recovery practices and procedures.* A description of the technology and recovery practices and procedures you will use to ensure optimum recovery of oil and gas or sulphur.
( c ) *Reservoir development.* A discussion of exploratory well results, other reservoir data, proposed well spacing, completion methods, and other relevant well plan information.