alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 31.1
 CERTIFICATION
  1.
    
    I have reviewed this Quarterly Report on Form 10-Q for the quarter ended April 3, 2010
of Insteel Industries, Inc.;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in light of
the circumstances under which such statements were made, not misleading with respect to the
period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the registrant as of, and for, the periods
presented in this report;4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)
and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act
Rules 13a-15(f) and 15d-15(f)) for the registrant and have:
     5.
    
    The registrants other certifying officer and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the registrants
auditors and the audit committee of the registrants board of directors (or persons
performing the equivalent functions):
    /s/ H. O. Woltz IIIH. O. Woltz IIIPresident, Chief Executive Officer
andChairman of the Board
#### Miranco Contracting, Inc., Appellant, v Allan Perel et al., Respondents, et al., Defendant. (And a Third-Party Action.)

[816 NYS2d 516]

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from so much of an order of the Supreme Court, Richmond County (Maltese, J.), dated March 9, 2005, as granted that branch of the motion of the defendants Allan Perel and Lillian H. Associates which was for summary judgment dismissing the causes of action based on breach of contract.

Ordered that the order is affirmed insofar as appealed from, with costs.

“In order for a breach of contract to exist, there must be a meeting of the minds on the agreement said to have been breached” *(Gomez v Bicknell,*302 AD2d 107, 115 [2002]; *see Platt v Portnoy,*220 AD2d 652, 653 [1995]). “Mutual assent evincing the intention of the parties to form a contract is essential” *(Gomez v Bicknell, supra*at 115-116) and “[a]n agreement to agree, which leaves material terms of a proposed contract for future negotiation, is unenforceable” *(Maffea v Ippolito,*247 AD2d 366, 367 [1998]; *see Joseph Martin, Jr., Delicatessen v Schumacher,*52 NY2d 105, 109 [1981]).

The defendants Allan Perel and Lillian H. Associates (hereinafter the respondents) sustained their prima facie burden of establishing their entitlement to judgment as a matter of law dismissing the causes of action based on breach of contract *(see*CPLR 3212 [b]; *Zuckerman v City of New York,*49 NY2d 557, 562 [1980]), by demonstrating that there was no written contract and no mutual assent or agreement to a material term of the alleged oral contract because the parties could not agree upon the price for the project *(see Gomez v Bicknell, supra*at *874115-116; *Platt v Portnoy, supra*at 653). In opposition, the plaintiff failed to raise a triable issue of fact regarding the existence of a contract *(see Zuckerman v City of New York, supra; Negri v Stop & Shop,*65 NY2d 625 [1985]). Because there was only an agreement to agree *(see Maffea v Ippolito, supra),*the Supreme Court properly granted that branch of the respondents’ motion which for summary judgment dismissing the cause of action based on breach of contract.

We note, however, that the statute of frauds was not applicable because the alleged contract could have been performed within one year *(see*General Obligations Law § 5-701 [a] [1]; *D & N Boening v Kirsch Beverages,*63 NY2d 449, 454 [1984]; *Slivinsky v Bloomerside Coop.,*202 AD2d 491, 492 [1994]) and, in any event, the respondents failed to plead it as an affirmative defense *(see*CPLR 3018 [b]; 3211 [e]; *Matter of Sheldon E. Goldstein, P.C. [Riverso],*276 AD2d 321, 322 [2000]; *see also Admae Enters. v Smith,*222 AD2d 471 [1995]).

The plaintiffs remaining contentions are without merit. Adams, J.P., Rivera, Skelos and Lifson, JJ., concur.
# Subpart 2031.1 - Applicability

**Parent topic:**PART 2031 - CONTRACT COST PRINCIPLES AND PROCEDURES

## 2031.109-70 Contract clauses.

The contracting officer shall insert the clause at 2052.231-70, Precontract Costs, in all cost type contracts when costs in connection with work under the contract will be incurred by the contractor before the effective date of the contract. Approval for use of this clause must be obtained at one level above the contracting officer.
Subpart 623.2—Energy and Water Efficiency

and Renewable Energy

Source: 80 FR 6921, Feb. 9, 2015, unless otherwise noted.

Parent topic: PART 623—ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE

ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

623.204 Procurement exemptions.

The head of the contracting activity is the agency head's designee for the purpose of executing the

written determination to not purchase ENERGY STAR® or FEMP-designated products.”
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 Annual Report
of TRI Pointe Homes, 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, Michael D. Grubbs, Chief Financial
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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |                                                      
|-------------------- |  | -----------------------------------------------------
|Date: March 28, 2013 |  | /s/ Michael D. Grubbs                                
|                     |  | Michael D. Grubbs                                    
|                     |  | Chief Financial Officer (Principal Financial Officer)
Case 1:96-cr-00029-ID-TFM Document 166 Filed 08/17/06 Page 1 of 2
Case 1:96-cr-00029-ID-TFM Document 166 Filed 08/17/06 Page 2 of 2
#### § 20.2109 [Reserved]
#### Arnel Samiento et al., Appellants, v World Yacht Inc. et al., Respondents.

Submitted December 10, 2007;

decided December 13, 2007

Reported below, 38 AD3d 328.

Motion by Urban Justice Center et al. for leave to file a brief amici curiae on the appeal herein granted. Two copies of the brief must be served and 24 copies filed within seven days.
158 So.2d 612

#### STATE of Louisiana, through the DEPARTMENT OF HIGHWAYS, v. J. A. BORDAGES et al.

No. 47003.

Dec. 16, 1963.

In re: State of Louisiana, through the Department of Highways, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Calcasieu. 156 So.2d 617.

The application is denied. The judgment complained of is correct.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The following schedule contains summarized financial information extracted
from the Questar Pipeline Company Statements of Income and Balance Sheet for
the period ended March 31, 1997, and is qualified in its entirety by
reference to such unaudited financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                   11,523
<ALLOWANCES>                                         0
<INVENTORY>                                      2,373
<CURRENT-ASSETS>                                15,849
<PP&E>                                         561,025
<DEPRECIATION>                                 197,763
<TOTAL-ASSETS>                                 404,233
<CURRENT-LIABILITIES>                           21,785
<BONDS>                                        134,549
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         6,511
<OTHER-SE>                                     178,514
<TOTAL-LIABILITY-AND-EQUITY>                   404,233
<SALES>                                              0
<TOTAL-REVENUES>                                26,721
<CGS>                                                0
<TOTAL-COSTS>                                    8,908
<OTHER-EXPENSES>                                 4,348
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,351
<INCOME-PRETAX>                                 10,051
<INCOME-TAX>                                     3,729
<INCOME-CONTINUING>                              6,322
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,322
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
§ 981.33 Selection and term of office. ( a ) Members and their respective alternates for positions open on the Board shall be selected by the Secretary from persons nominated pursuant to § 981.32, or, at the discretion of the Secretary, from other qualified persons, for a term of office beginning August 1. Members and alternates shall continue to serve until their respective successors are selected and qualified.
( b ) The term of office of members of the Board shall be for a period of three years beginning on August 1 of the years selected except where otherwise provided. However, for the initial eight members of the Board selected pursuant to this section and to paragraphs (a) and (b) of § 981.31, two members shall serve for a term of one year; three members shall serve for a term of two years; and three members shall serve for a term of three years. For the initial terms of office, at the time of nomination under § 981.32, the Board shall make this designation by lot. The term of office for the two members selected under paragraph (c) of § 981.31 shall always be for a period of one year.
( c ) Board members may serve for a total of six consecutive years. Members who have served for six consecutive years must leave the Board for at least one year before becoming eligible to serve again. A person who has served less than six consecutive years on the Board may not be nominated to a new three-year term if his or her total consecutive years on the Board at the end of that new term would exceed six years. This limitation on tenure shall not apply to alternate members.
( d ) The Board may recommend, subject to approval of the Secretary, revisions to the start date for the term of office of members of the Board.
[61 FR 32920, June 26, 1996, as amended at 84 FR 50716, Sept. 26, 2019; 88 FR 82235, Nov. 24, 2023]
2007-1852.

#### State v. Clay.

Cuyahoga App. No. 88823, 2007-Ohio-4295. Discretionary appeal accepted and cause consolidated with 2007-1802, *State v. Clay,*Cuyahoga App. No. 88823, 2007-Ohio-4295

Cupp, J., would accept the appeal on Proposition of Law No. I only.

O’Donnell, J., dissents.
<PAGE>
        EXHIBIT 11 - STATEMENT RE COMPUTATION OF PER SHARE EARNINGS

National City Bancshares, Inc.
Earnings per Share Calculation
For the Period Ending September 30

<TABLE>
<CAPTION>

                                Quarter to Date           Year to Date     
---------------------------------------------------------------------------
                                1997       1996         1997        1996   
---------------------------------------------------------------------------
<S>                          <C>        <C>         <C>         <C>

Net income                   $4,425,000 $3,813,000  $13,375,000 $11,552,000


Primary earnings per share
--------------------------
Weighted average 
  shares outstanding          9,447,479  9,512,031    9,392,569   9,601,860
Common stock equivalents 
  due to stock options          155,686          -      134,180           -
---------------------------------------------------------------------------
Adjusted shares outstanding   9,603,165  9,512,031    9,526,749   9,601,860

Primary earnings per share        $0.46      $0.40        $1.40       $1.20


Fully diluted 
earnings per share
------------------
Weighted average 
  shares outstanding          9,447,479  9,512,031    9,392,569   9,601,860
Common stock equivalents 
  due to stock options          158,910          -      142,951           -
---------------------------------------------------------------------------
Adjusted shares outstanding   9,606,389  9,512,031    9,535,520   9,601,860

Fully diluted 
earnings per share                $0.46      $0.40        $1.40       $1.20

</TABLE>



<PAGE>
SUBCHAPTERS I-L [RESERVED]
1Nails has forwarded to defense counsel a grouping of

exhibits labeled Evidentiary Materials in Support of

Summary Judgment  that contains the same exhibits labeled

differently. Apparently Nails has not filed these materials

with the Clerk, at least as of this writing. In her

 Evidentiary Materials  the computer printouts are Exhibit A

and the information about Section 501(c)(3) of the Internal

Revenue Code is Exhibit I. These are the same materials or

documents the Defendant objects to and moves to strike here.

IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

ANGELA DENISE NAILS, *

*

PLAINTIFF, * 1:06-CV-00737.WKW

*

vs. *

*

DOTHAN RESCUE MISSION, *

*

DEFENDANT. *

MOTION TO STRIKE

THE DEFENDANT, the Dothan Rescue Mission, moves the

Court to Strike Documents E and F submitted in Support of

the Plaintiff s Motion Against Summary Judgment  1 filed on

or about February 15, 2007. In support of this request, the

Defendant states:

1. Documents E are computer printouts labeled Case

Information  and dated January 3, 2007 (4 pages). Documents

F are one or more brochures or forms related to Section

501(c)(3) of the Internal Revenue Code. 

Case 1:06-cv-00737-WKW-SRW Document 49 Filed 02/28/2007 Page 1 of 3
Page 2 of 3

2. The Plaintiff failed to disclose either in her

Initial Disclosures.

3. The Plaintiff failed to disclose either in her

responses to the Defendant s Request for Production. She

also failed to describe either in her interrogatory

responses.

4. Fed. R. Civ. P. 26 requires a party to supplement

or amend their disclosures required by the Federal Rules of

Civil Procedure in a timely fashion. Plaintiff has not

supplemented her disclosures. 

5. The Plaintiff never produced Documents E and F to

the Defendant, nor disclosed them in any way, before

including them as support for her Motion for Judgment 

and/or Motion Against Summary Judgment.  

6. Documents E and F have not been authenticated.

7. Documents E and F are irrelevant and immaterial to

the issues involved in this matter.

8. The Defendant would be prejudiced if these

documents are considered because the documents were never

disclosed, and are not authenticated, and are not relevant

and material. 

WHEREFORE the Defendant moves the Court TO STRIKE

Case 1:06-cv-00737-WKW-SRW Document 49 Filed 02/28/2007 Page 2 of 3
Page 3 of 3

Plaintiff s Document E and F. 

HARDWICK, HAUSE, SEGREST & WALDING

BY: /s/ Kevin Walding 

Kevin Walding (WAL036)

BY: /s/ Patrick B. Moody 

Patrick B. Moody (MOO110)

Attorneys for Defendant

Post Office Box 1469

Dothan, Alabama 36302

Phone (334)794-4144

Fax (334)671-9330

CERTIFICATE OF SERVICE

I hereby certify that, this date, I have served a copy

of this document on the following individual(s) and/or

attorney(s) of record by placing same in the United States

Mail in a properly addressed envelope with prepaid postage.

Angela Denise Nails

342 South Saint Andrews Street

Apartment 808

Dothan, Alabama 36301

This the 28th day of February, 2007.

 /s/ Kevin Walding 

Of Counsel

Case 1:06-cv-00737-WKW-SRW Document 49 Filed 02/28/2007 Page 3 of 3
<TABLE> <S> <C>

<ARTICLE> 7
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-2000
<DEBT-HELD-FOR-SALE>                           141,075
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                           0
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                                 193,965
<CASH>                                          29,634
<RECOVER-REINSURE>                                   0
<DEFERRED-ACQUISITION>                         731,859
<TOTAL-ASSETS>                              19,110,318
<POLICY-LOSSES>                                139,769
<UNEARNED-PREMIUMS>                                  0
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                       17,353,095
<NOTES-PAYABLE>                                372,350
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,600
<OTHER-SE>                                     350,190
<TOTAL-LIABILITY-AND-EQUITY>                19,110,318
<PREMIUMS>                                          59
<INVESTMENT-INCOME>                              3,446
<INVESTMENT-GAINS>                               (576)
<OTHER-INCOME>                                 105,014
<BENEFITS>                                       1,803
<UNDERWRITING-AMORTIZATION>                     16,371
<UNDERWRITING-OTHER>                            61,784
<INCOME-PRETAX>                                 23,205
<INCOME-TAX>                                     8,171
<INCOME-CONTINUING>                             15,034
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    15,034
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0
<RESERVE-OPEN>                                       0
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                      0
<CUMULATIVE-DEFICIENCY>                              0


</TABLE>
2819.812 Contract administration.       The HCA or designee is the agency head for the purposes of FAR 19.812(d).    **Parent topic:** Subpart 2819.8 - Contracting With the Small Business Administration (the 8(a) Program)
#### § 981.30 Establishment.

A Board of ten members, with an alternate member for each such member, is hereby established.
#### § 956.11 Varieties.

*Varieties* means and includes all classifications, subdivisions, or types of Walla Walla Sweet Onions according to those definitive characteristics now or hereafter recognized by the United States Department of Agriculture or recommended by the committee and approved by the Secretary.
United States Court of Appeals, Eleventh Circuit. No. 94-4984. KOTAM ELECTRONICS, INC., Plaintiff-Appellee,

v. JBL CONSUMER PRODUCTS, INC., Defendant-Appellant. Nov. 8, 1995. Appeal from the United States District Court for the Southern District of Florida (No. 94-779-CIV-FAM), Federico A. Moreno, Judge. ON PETITION FOR REHEARING (Opinion July 28, 1995, 11th Cir., 1995, 59 F.3d 1155) Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges. BY THE COURT: A member of this court in active service having requested a poll on suggestion for rehearing en banc, and a majority of the judges of this court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.
1528.301 Insurance liability to third persons.       Contracting officers shall insert the clause at 1552.228-70, Insurance Liability to Third Persons, in cost-reimbursement solicitations and contracts, except those for construction and architect-engineer services.                                  **Note:**                                  This clause may be used in contracts awarded utilizing architect-engineer services such as requirements for Superfund cleanups (e.g., response action contracts). The clause does not apply to Superfund indemnification for third party pollution liability or coverage for commercial pollution liability insurance as prescribed by section 119 of CERCLA as amended by SARA.    **Parent topic:** Subpart 1528.3 - Insurance
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

J.B., a minor child, by and )

through his next friend, )

Addie Ward, on behalf of )

himself and all others )

similarly situated, )

)

Plaintiff, )

) CIVIL ACTION NO.

v. ) 2:06cv755-MHT

) 

WALTER WOOD, in his )

individual capacity, )

)

Defendant. )

 RULE 26(F) ORDER

The parties are reminded of the obligation, imposed

by Rule 26(f) of the Federal Rules of Civil Procedure, to

confer and to develop a proposed discovery plan.

Accordingly, it is ORDERED that the Rule 26(f) report

containing the discovery plan shall be filed as soon as

practicable but not later than October 17, 2006.

The longstanding practice in this district is that

dispositive motions shall be filed no later than 90 days

Case 2:06-cv-00755-MHT-CSC Document 7 Filed 09/27/2006 Page 1 of 3
2

prior to the pretrial date. If the parties seek to vary

from that schedule, they should present, in the plan,

specific case-related reasons for the requested variance.

In their Rule 26(f) report, however, the parties should

assume that the 90-day requirement will apply.

This case will be set for trial before the

undersigned judge during one of that judge's regularly

scheduled civil trial terms, within 7 to 10 months of

this order if a term is available and, if not available,

then as soon as possible thereafter. The pretrial date

is normally set within four to six weeks of a scheduled

trial term. The dates of each judge's civil trial terms

are available on the court's website located at

<http://almd.uscourts.gov> in the civil case information

section.

The court may or may not hold a scheduling conference

before issuing a scheduling order. If the court holds a

scheduling conference, counsel may participate in the

scheduling conference by conference call.

Case 2:06-cv-00755-MHT-CSC Document 7 Filed 09/27/2006 Page 2 of 3
The scheduling order entered by the court will follow

the form of the Uniform Scheduling Order adopted by the

judges of this court. The Uniform Scheduling Order is

also available on the court's website.

The report of the parties should comply with Form 35

of the Appendix of Forms to the Federal Rules of Civil

Procedure.

DONE, this the 27th day of September, 2006.

 /s/ Myron H. Thompson 

UNITED STATES DISTRICT JUDGE

Case 2:06-cv-00755-MHT-CSC Document 7 Filed 09/27/2006 Page 3 of 3