alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                      EXHIBIT 11


                             Deposit Guaranty Corp.
                      Computation of Net Income Per Share
                               September 30, 1996




<TABLE>
<CAPTION>
                                               Three Months Ended               Nine Months Ended
                                                  September 30,                   September 30,
                                               ------------------               ----------------- 
                                                   Primary and                     Primary and
                                                  Fully Diluted                   Fully Diluted
                                               ------------------               ----------------- 
<S>                                               <C>                            <C>
Computation of weighted average 
  shared outstanding:

  Common stock outstanding,
    beginning balance                               19,657,816                     19,379,643

  Common stock issued due
    to mergers                                            --                          215,079

  Common stock issued due to
    exercise of options                                  5,010                         66,156

  Shares purchased by
    the Company                                        (38,917)                      (350,793)
                                                  ------------                   ------------ 
  Weighted average shares
    outstanding                                     19,623,909                     19,310,085
                                                  ============                   ============
Computation of net income:

  Net income                                      $ 22,200,000                   $ 64,125,000
                                                  ============                   ============
Computation of net income per
  share:

  Net income divided by weighted
    average shares outstanding                    $       1.14                   $       3.32
                                                  ============                   ============
</TABLE>


Note: For the nine-months ended September 30, 1996, additional weighted average
shares outstanding for options under the Company's incentive stock plan were
143,567 and 141,824 for calculating primary and fully diluted net income per
share, respectively. The dilutive effect of such options was, therefore, not
material.
§ 707.11 Applicability. ( a ) Coal extraction which is an incidental part of government-financed construction is exempt from the Act and this chapter.
( b ) Any person who conducts or intends to conduct coal extraction which does not satisfy paragraph (a) of this section shall not proceed until a permit has been obtained from the regulatory authority under a State, Federal or Federal lands program.
EXHIBIT 4.2B


                                   RESOLUTION


         RESOLVED, that the board of directors of General Communication, Inc.
approves and otherwise authorizes, subject to shareholder approval, amending the
Company's Amended and Restated 1986 Stock Option Plan to provide an upper limit
per year of 500,000 shares of Company Class A common stock on the number of
shares that may be granted to a participant in the plan and as otherwise allowed
under Section 162(m) of the Internal Revenue Code of 1986, as amended, and
regulations adopted pursuant to that Section 162(m);

         RESOLVED FURTHER, that the president or the president's designee is
directed to take those steps necessary to seek shareholder approval of this
amendment to the plan at the Company's 2002 annual meeting of shareholders.

         DATED this 7th day of February, 2002.



                                   /s/
                                   John M. Lowber
                                   Secretary
[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Notices]
[Page 83089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28091]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

[Docket No. CDC-2020-0122]


Advisory Committee on Immunization Practices (ACIP); Correction

    Notice is hereby given of a change in the meeting of the Advisory 
Committee on Immunization Practices (ACIP); December 11, 2020, 12:00 
p.m.-5:00 p.m., EST; and December 13, 2020, 12:00 p.m.-4:00 p.m., EST 
(times subject to change, see the ACIP website for any updates: http://www.cdc.gov/vaccines/acip/index.html) which was published in the 
Federal Register on December 9, 2020, Volume 85, Number 237, pages 
79814-79815.
    The meeting dates and times should read as follows:

DATES:
    The meeting will be held on December 11, 2020 from 12:00 p.m. to 
5:00 p.m., EST and December 12, 2020 from 11:00 a.m. to 3:00 p.m., EST 
(times subject to change, see the ACIP website for any updates: http://www.cdc.gov/vaccines/acip/index.html).
    Written comments must be received on or before December 14, 2020.
    The meeting is open to the public.

FOR FURTHER INFORMATION CONTACT: Stephanie Thomas, ACIP Committee 
Management Specialist, Centers for Disease Control and Prevention, 
National Center for Immunization and Respiratory Diseases, 1600 Clifton 
Road, NE, MS-H24-8, Atlanta, GA 30329-4027; Telephone: 404-639-8367; 
Email: <a href="/cdn-cgi/l/email-protection#8ecfcdc7deceedeaeda0e9e1f8"><span class="__cf_email__" data-cfemail="0d4c4e445d4d6e696e236a627b">[email protected]</span></a>.
    The Director, Strategic Business Initiatives Unit, Office of the 
Chief Operating Officer, Centers for Disease Control and Prevention, 
has been delegated the authority to sign Federal Register notices 
pertaining to announcements of meetings and other committee management 
activities, for both the Centers for Disease Control and Prevention and 
the Agency for Toxic Substances and Disease Registry.

Kalwant Smagh,
Director, Strategic Business Initiatives Unit, Office of the Chief 
Operating Officer, Centers for Disease Control and Prevention.
[FR Doc. 2020-28091 Filed 12-18-20; 8:45 am]
BILLING CODE 4163-18-P


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EXHIBIT 32.3



CERTIFICATION PURSUANT TO

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 Devcon International Corp. (the Company) on Form 10-Q for the period ending March 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Robert C. Farenhem, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



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



| | (2) | The information contained in the report fairly presents, in all material respects, the financial condition and result of operations of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |                               
|-------------------- |  | ------------------------------
|Date: May 16th, 2005 |  | /s/ Donald L. Smith           
|                     |  | Donald L. Smith               
|                     |  | Former Chief Executive Officer



Note: This certification is being
furnished, not filed, as exhibit 32.2
### §98h–3. Definitions

For the purposes of this subchapter:

(1) The term "strategic and critical materials" means materials that (A) would be needed to supply the military, industrial, and essential civilian needs of the United States during a national emergency, and (B) are not found or produced in the United States in sufficient quantities to meet such need.

(2) The term "national emergency" means a general declaration of emergency with respect to the national defense made by the President or by the Congress.

(3) The term "reliable source" mean a citizen or business entity organized under the laws of—

(A) the United States or any territory or possession of the United States;

(B) a country of the national technology and industrial base, as such term is defined in section 4801 of title 10; or

(C) a qualifying country, as defined in section 225.003 of the Defense Federal Acquisition Regulation Supplement or any successor document.

(June 7, 1939, ch. 190, §12, as added Pub. L. 96–41, §2(a), July 30, 1979, 93 Stat. 324; amended Pub. L. 117–81, div. A, title XIV, §1411(2), Dec. 27, 2021, 135 Stat. 2018; Pub. L. 118–31, div. A, title XIV, §1411(e)(2)(C), Dec. 22, 2023, 137 Stat. 528.)

#### **Editorial Notes**

#### Amendments

2023—Par. (3). Pub. L. 118–31 added par. (3) and struck out former par. (3) which read as follows: "The term 'national technology and industrial base' has the meaning given such term in section 2500 of title 10."

2021—Par. (3). Pub. L. 117–81 added par. (3).
* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-10934 Summary Calendar

RONALD REGAN HARRISON,

Plaintiff-Appellant,

versus

DAVID WILLIAMS, Tarrant County Sheriff, Et Al.,

Defendants,

DR. EDGEWORTH, Tarrant County Health District,

Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court
for the Northern District of Texas

USDC No. 4:97-CV-49-E

- - - - - - - - - - June 11, 1998 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM: *

Ronald Regan Har rison, Texas prisoner # 571382, appeals the

district court’s grant of summary judgment in favor of Dr. David

Edgeworth and the dismissal of his claims as frivolous against the

other defendants. Harrison argues that Dr. Edgeworth acted with

deliberate indiffere nce to Harrison’s serious medical needs andNo. 97-10934

-2-

that defendants David Williams and Mae Pasquet should be held

responsible respect i vely for their supervision of the Tarrant

County Jail’s medical department and of those individuals who

subcontract with the Tarrant County Jail to handle medical

problems.

Our review of the record reveals that there is no genuine

issue of material fact demonstrating that Dr. Edgeworth knew of a

substantial risk of serious medical harm and failed to take

reasonable measures to abate it. S ee Celotex Corp. v. Catrett

, 477

U.S. 317, 322 (1986); see also Hare v. City of Corinth, Miss. , 74

F.3d 633, 648-49 (5th Cir . 1996)(en banc). Furthermore, the

district court did not abuse its discretion in dismissing

H arrison’s claims against Pasquet and Williams, who were sued in

their supervisory roles. S ee Siglar v. Hightower

, 112 F.3d 191,

193 (5th Cir. 1997); see also Thompkins v. Belt

, 828 F.2d 298, 303-

04 (5th Cir. 1987).

AFFIRMED.
### §502. Acquisition of land

The Secretary of the Air Force is authorized in discharging the authority given in section 501 of this title to make surveys, to acquire lands and rights or other interests pertaining thereto, including the temporary use thereof, by donation, purchase, exchange of Government-owned lands, or otherwise, without regard to section 3324(a) and (b) of title 31. Prior to the acquisition under the authority of this section of any lands or rights or other interests pertaining thereto, the Secretary of the Air Force shall come into agreement with the Armed Services Committees of the Senate and the House of Representatives with respect to the acquisition of such lands, rights, or other interests.

(May 11, 1949, ch. 98, §2, 63 Stat. 66.)

#### **Editorial Notes**

#### Codification

"Section 3324(a) and (b) of title 31" substituted in text for "section 3648, Revised Statutes, as amended [31 U.S.C. 529]" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-41380 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus MARIO GREGORIO SANTANA-HUERTA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-00-CR-313-1

-------------------- October 29, 2001 Before WIENER, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM: * Mario Gregorio Santana-Huerta appeals the 57-month sentence imposed following his plea of guilty to a charge of being found in the United States after deportation, a violation of 8 U.S.C. § 1326. He contends that the felony conviction that resulted in his increased sentence under 8 U.S.C. § 1326(b)(2) was an element of the offense that should have been charged in the indictment. Santana-Huerta acknowledges that his argument is foreclosed by the Supreme Court’s decision in Almendarez-Torres v. United States , 523 U.S. 224 (1998), but he seeks to preserve the issueNo. 00-41380 -2- for Supreme Court review in light of the decision in Apprendi v. New Jersey , 120 S. Ct. 2348 (2000). Apprendi did not overrule Almendarez-Torres

. See Apprendi , 120 S. Ct. at 2362; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000), cert. denied , 121 S.Ct. 1214 (2001). SantanaHuerta’s argument is foreclosed. The judgment of the district court is AFFIRMED.
#### § 56.12035 Weatherproof lamp sockets.

Lamp sockets shall be of a weatherproof type where they are exposed to weather or wet conditions that may interfere with illumination or create a shock hazard.
## In t he Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06

- 23

- 00051

- CR

IN RE KIM WAYNE BURDEN

Original Mandamus Proceeding

Before Stevens , C.J., van Cleef and Rambin , JJ. Memorandum Opinion by Chief Justice Stevens2 

### ME MORANDUM OPINION
Kim Wayne Burden has filed a petition for a writ of mandamus requesting this Court to order the Honorable Eddie Northcutt, judge of the 8 th Judicial District Court in Delta County , to issue process and order a hearing on his applicati on fo r a writ of habeas corpus filed pursuant to Article 11.07 of the Texas Code of Criminal Proced ure
. See T EX
. C ODE C RIM
. P ROC
. A NN . art. 11.07 (Supp.)

. Burden alleges that he filed an original application for a writ of habeas corpus
that t he trial cou r t neither timely ruled on n or forwarded to the Texas Court of Criminal Appeals.

“ The procedure set forth in Article 11.07 of the Texas Code of Crimi nal Procedure is the exclusive post

- conviction judicial remedy available when the con viction is final and the applicant is confined by virtue of his felony conviction. ” In re Woods , No. 06

- 12

- 00036

- CR , 2012 WL 13046384 , at *1 (Tex. App.

— Texarkana Mar

. 9, 2012 , orig. proceeding) (mem. op., not designated for publication) (citing Ex parte A dams , 768 S.W.2d 281 , 287 (Tex. Cri m. App. 1989) (orig. proceeding); McBride v. State , 114 S.W.3d 556, 557 (Tex. App.

— Austin 2002, no pet.); T EX
. C ODE C RIM
. P ROC
. A NN
. art. 11.07 )

. Jurisdiction over habeas corpus relief under
Article 11.07 r ests exclusivel y in the Texas Cour t of C riminal Ap peals. B d. of Pardons &
Paroles ex rel. Keene v. Ct. of Appeals for Eighth Dist

. , 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (per curiam) (orig. proceeding)

. Because Burden filed his application for a writ of h abeas corpus under Article 11

. 0 7 , this
Cour t has no authority to issue a writ of mandamus in connection with it. In re Woods , 2012 WL
13046384 , at *1 ; see In re McAfee , 53 S.W.3d 715, 718 (Tex. App.

— Houston [1st Dist.] 2001, orig. proceeding) (per curiam) ( holding that appellate cour t s have no authority to grant3

mandamus relief when trial court fail s to rule on application for writ of habeas corpus)

. Since
exclusive jurisdiction over this proceeding lies in the Texas Court of Criminal Appeals , Burden
must seek relief in that cour t

. S ee In re Woods , 2012 WL 130 46384 , at *1; In re Watson , 253 S.W.3d 319, 320 (Tex. App.

— Amarillo 2008, orig. proceeding) (per curiam). For the reasons stated, we dismiss Burden ’ s petition for want of jurisdiction.

S cott E. Stevens Chief J us tic e D ate Submitted: April 25 , 202 3 Date Decided : April 26 , 2023
D o Not Publish
<PAGE>


                                                                    Exhibit 10.6


                                         October 10, 2002

Ladenburg Thalmann Financial Services Inc.
Ladenburg Capital Management Inc.
590 Madison Avenue, 34th Floor
New York, New York  10022

                                         RE: EMPLOYMENT AGREEMENT

Gentlemen:

         Reference is made to my Employment Agreement, dated as of August 24,
1999, as amended, with Ladenburg Thalmann Financial Services Inc. ("LTS") and
Ladenburg Capital Management Inc. In light of the current financial condition of
LTS and its subsidiaries, I hereby waive, for the period September 1, 2002 to
December 31, 2002, 25% of any payments due to me for such period under LTS's
Special Performance Incentive Plan (the "Plan") and agree that such waiver shall
not be deemed to be Reason under the Agreement with respect to any payment due
to me under the Plan for the fiscal year ending December 31, 2002.

                                                Sincerely,

                                                /s/ Vincent Mangone

                                                Vincent Mangone

Acknowledged and agreed this
10th day of October, 2002

Ladenburg Thalmann Financial Services Inc.


By: /s/ SALVATORE GIARDINA
    ------------------------------
Ladenburg Capital Management Inc.


By: /s/ RICHARD ROSENSTOCK
    ------------------------------
Exhibit 99.1


                            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 The  Deltona  Corporation  (the
"Company") on Form 10-Q for the period  ending  September 30, 2002 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Antony Gram,  Chief Executive  Officer of the Company,  certify,  pursuant to 18
U.S.C.ss.1350, as adopted pursuant to ss.906 of the Sarbanes- Oxley act of 2002,
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/ Antony Gram
---------------
Antony Gram
Chief Executive Officer

November 14, 2002


<PAGE>
DEPARTMENT OF THE INTERIOR 

U.S. GEOLOGICAL SURVEY 

RECONNAISSANCE GEOLOGIC MAP OF THE 

WELCOME MOUNTAIN QUADRANGLE, 

TRANSANTARCTIC MOUNTAINS, 

ANTARCTICA 

By Edmund Stump and others 

Prepared by the 

UNITED STATES GEOLOGICAL SURVEY 

Under the auspices of the 

NATIONAL SCIENCE FOUNDATION 

From contributions by 

BUNDESANSTAL T FOR GEOWISSENSCHAFTEN UNO ROHSTOFFE 

and 

U.S. ANTARCTIC RESEARCH PROGRAM 

U.S. ANTARCTIC RESEARCH PROGRAM MAP 

. Published by the U.S. Geological Survey, 1989 

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rn 

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(/) 

:b 

rn 

(') 

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* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED July 13, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-50005 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus FERNANDO ANTONIO BONILLA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. W-03-CR-153-1

-------------------- Before REAVLEY, JOLLY and DENNIS, Circuit Judges.
PER CURIAM: * Fernando Antonio Bonilla appeals his sentence for his conviction for illegal reentry following deportation in violation of 8 U.S.C. § 1326. Bonilla contends that the district court erred when it increased his offense level by 16 levels because his deferred adjudication for the Texas offense of injury to a child was not a final felony conviction for purposes of U.S.S.G. § 2L1.2(b)(1)(A).No. 04-50005 -2- A Texas deferred adjudication may be counted as a felony conviction under U.S.S.G. § 2L1.2(b)(1). United States v. Valdez-Valdez , 143 F.3d 196, 203 (5th Cir. 1998). Bonilla’s attempt to distinguish his case from Valdez-Valdez is unavailing. The judgment of the district court is AFFIRMED.
###### Editorial Note on Part 75

#### Editorial Note:

The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969.

#### § 75.805 Couplers.

[Statutory Provisions]

Couplers that are used with medium-voltage or high-voltage power circuits shall be of the three-phase type with a full metallic shell, except that the Secretary may permit, under such guidelines as he may prescribe, no less effective couplers constructed of materials other than metal. Couplers shall be adequate for the voltage and current expected. All exposed metal on the metallic couplers shall be grounded to the ground conductor in the cable. The coupler shall be constructed so that the ground check continuity conductor shall be broken first and the ground conductors shall be broken last when the coupler is being uncoupled.
Exhibit 32.3


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 Amendment No. 1 to the Annual Report of Altria Group, Inc. (the “Company”) on Form 10-K for the period ended December 31, 2012 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Martin J. Barrington, Chairman and 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:





(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/ MARTIN J. BARRINGTON


Martin J. Barrington


Chairman and Chief Executive Officer


August 13, 2013








A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Altria Group, Inc. and will be retained by Altria Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request .