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



Exhibit 11.1
                              fine.com CORPORATION

             STATEMENT REGARDING COMPUTATION OF NET INCOME PER SHARE
<TABLE>
<CAPTION>


                                           Three Months Ended October 31,     Nine Months Ended October 31,
                                           ------------------------------     -----------------------------
                                                  1997           1996             1997             1996
                                           ---------------  --------------    --------------    -----------
<S>                                        <C>              <C>               <C>                <C> 
Weighted average common shares
outstanding                                      2,198,477       1,055,541       1,436,732       1,055,541

Net effect of stock options exercised
  and granted, and preferred stock
  issued during the 12-month period
  prior to the Company's filing of its
  initial public offering at less than
  the offering price, calculated using
  the treasury stock method at the
  initial offering price of $6.50 per
  share, and treated as outstanding for
  all periods presented                             11,907          99,585          70,038          99,585

Net effect of dilutive stock options based
  on the treasury stock method using
  the higher of the average market price
  or the period end market price                    29,775              --          10,034              --
                                                 ---------       ---------       ---------       ---------

Shares used in computation of net
  income per share                               2,240,159       1,155,126       1,516,804       1,155,126
                                                 =========       =========       =========       =========

Net income                                          79,637           1,228         150,929           7,771
                                                 =========       =========       =========       =========

Net income per share                             $    0.04       $    0.00       $    0.10       $    0.01
                                                 =========       =========       =========       =========
</TABLE>


                                      -15-
#### § 349.80 Professional labeling.

The labeling of any OTC ophthalmic demulcent drug product provided to health professionals (but not to the general public) may contain instructions for the use of these products in professional eye examinations (*i.e.*, gonioscopy, electroretinography).
* 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 February 7, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-50778 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus PRIMITIVO AGUILAR-SILVA, Defendant-Appellant.

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

USDC No. 3:06-CR-32

-------------------- Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Primitivo Aguilar-Silva raises arguments that are foreclosed by AlmendarezTorres v. United States , 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is
AFFIRMED.
Editorial Note on Part 184
Editorial Note: Nomenclature changes to part 184 appear at 66 FR 56035, Nov. 6, 2001; 66 FR 66742, Dec. 27, 2001; 68 FR 15355, Mar. 31, 2003; 69 FR 13717, Mar. 24, 2004; 70 FR 40880, July 15, 2005; 70 FR 67651, Nov. 8, 2005; and 81 FR 49897, July 29, 2016.

§ 184.1301 Ferric phosphate. ( a ) Ferric phosphate (ferric orthophosphate, iron (III) phosphate, FePO4·xH2O, CAS Reg. No. 10045-86-0) is an odorless, yellowish-white to buff-colored powder and contains from one to four molecules of water of hydration. It is prepared by reaction of sodium phosphate with ferric chloride or ferric citrate.
( b ) The ingredient meets the specifications of the Food Chemicals Codex, 3d Ed. (1981), pp. 118-120, which is incorporated by reference. Copies are available from the National Academy Press, 2101 Constitution Ave. NW., Washington, DC 20418, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html .*
( c ) In accordance with § 184.1(b)(1), the ingredient is used in food as nutrient supplement as defined in § 170.3(o)(20) of this chapter, with no limitation other than current good manufacturing practice. The ingredient may also be used in infant formula in accordance with section 412(g) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 350a(g)) or with regulations promulgated under section 412(a)(2) of the act (21 U.S.C. 350a(a)(2)).
( d ) Prior sanctions for this ingredient different from the uses established in this section do not exist or have been waived.
[53 FR 16865, May 12, 1988]
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

**COMMONWEALTH OF PENNSYLVANIA,**

**Respondent**

**v.**

**FRANK PICCOLO,**

**Petitioner :** 

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**: No. 534 EAL 2015** 

**Petition for Allowance of Appeal from the Order of the Superior Court** 

ORDER

PER CURIAM

AND NOW **, this 1st day of December, 2015, the Petition for A llowance of Appeal** 

**is** DENIED

**.**
Editorial Note on Part 184
Editorial Note: Nomenclature changes to part 184 appear at 66 FR 56035, Nov. 6, 2001; 66 FR 66742, Dec. 27, 2001; 68 FR 15355, Mar. 31, 2003; 69 FR 13717, Mar. 24, 2004; 70 FR 40880, July 15, 2005; 70 FR 67651, Nov. 8, 2005; and 81 FR 49897, July 29, 2016.

§ 184.1845 Stannous chloride (anhydrous and dihydrated). ( a ) Stannous chloride is anhydrous or contains two molecules of water of hydration. Anhydrous stannous chloride (SnCl2, CAS Reg. No. 7772-99-8) is the chloride salt of metallic tin. It is prepared by reacting molten tin with either chlorine or gaseous tin tetrachloride. Dihydrated stannous chloride (SnCl2·2H2O, CAS Reg. No. 10025-69-1) is the chloride salt of metallic tin that contains two molecules of water. It is prepared from granulated tin suspended in water and hydrochloric acid or chlorine.
( b ) Both forms of the ingredient meet the specifications of the Food Chemicals Codex, 3d Ed. (1981), p. 312, which is incorporated by reference. Copies are available from the National Academy Press, 2101 Constitution Ave. NW., Washington, DC 20418, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html .*
( c ) The ingredient is used as an antioxidant as defined in § 170.3(o)(3) of this chapter.
( d ) The ingredient is used in food at levels not to exceed current good manufacturing practice in accordance with § 184.(b)(1). Current good manufacturing practice results in a maximum level, as served, of 0.0015 percent or less; calculated as tin, for all food categories.
( e ) Prior sanctions for this ingredient different from those uses established in this section do not exist or have been waived.
[47 FR 27816, June 25, 1982, as amended at 76 FR 59250, Sept. 26, 2011]
118 STAT. 692 PUBLIC LAW 108–258—JUNE 25, 2004

LEGISLATIVE HISTORY—H.R. 3942:

CONGRESSIONAL RECORD, Vol. 150 (2004):

Apr. 27, considered and passed House.

June 9, considered and passed Senate.

Æ

Public Law 108–258

108th Congress

An Act

To redesignate the facility of the United States Postal Service located at 7 Commercial Boulevard in Middletown, Rhode Island, as the ‘‘Rhode Island Veterans Post

Office Building’’.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. REDESIGNATION.

The facility of the United States Postal Service located at

7 Commercial Boulevard in Middletown, Rhode Island, is hereby

redesignated as the ‘‘Rhode Island Veterans Post Office Building’’.

SEC. 2. REFERENCES.

Any reference in a law, map, regulation, document, paper,

or other record of the United States to the facility referred to

in section 1 shall be deemed to be a reference to the ‘‘Rhode

Island Veterans Post Office Building’’.

Approved June 25, 2004.

June 25, 2004

[H.R. 3942]
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

February 23, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-10937

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CHARLES EUBANKS,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:93-CR-42-7-A

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

Before GARZA, DENNIS, and PRADO, Circuit Judges.

PER CURIAM:*

Charles Eubanks has appealed the district court’s judgment

revoking his supervised release and imposing a 24-month term of

imprisonment. Eubanks contends that his rights to grand jury

indictment and a jury trial were violated, in light of Blakely v.

Washington, 542 U.S. 296 (2004), and United States v. Booker, 543

U.S. 220, 125 S. Ct. 738 (2005). He complains that the total

sentence imposed by the district court exceeded the sentence he

could have received under the Sentencing Guidelines for the
No. 04-10937

- 2 -

offense of conviction and that the additional sentence was

imposed on the basis of facts found by the district court by a

preponderance of the evidence instead of by a jury beyond a

reasonable doubt. These issues are without merit. See United

States v. Hinson, 429 F.3d 114, 116–19 (5th Cir. 2005); see also

Booker, 125 S. Ct. at 764. The sentence was not imposed in

violation of law and was neither unreasonable nor plainly

unreasonable under the facts of this case. See Hinson, 429 F.3d

at 119–20; see also 18 U.S.C. §§ 3559(a)(3) & 3583(e)(3). 

AFFIRMED.
Editorial Note on Part 170
Editorial Note: Nomenclature changes to part 170 appear at 66 FR 56035, Nov. 6, 2001, and 69 FR 13717, Mar. 24, 2004.

§ 170.275 Public disclosure of a GRAS notice. ( a ) The data and information in a GRAS notice (including data and information submitted in any amendment or supplement to your GRAS notice or incorporated into your GRAS notice) are: ( 1 ) Considered a mandatory, rather than voluntary, submission for purposes of their status under the Freedom of Information Act and our public information requirements in part 20 of this chapter; and
( 2 ) Available for public disclosure in accordance with part 20 of this chapter as of the date that we receive your GRAS notice.
( b ) We will make the following readily accessible to the public: ( 1 ) A list of filed GRAS notices, including the information described in § 170.225(c)(2) through (c)(5);
( 2 ) The text of any letter that we issue under § 170.265(b)(1) or (c); and
( 3 ) The text of any letter that we issue under § 170.265(b)(3) if we grant your request that we cease to evaluate your notice.
( c ) We will disclose all remaining data and information that are not exempt from public disclosure in accordance with part 20 of this chapter.
Champion Enterprises, Inc.
Computation of Earnings Per Share                                   


(in 000's, except per share amounts)

                          Three Months Ended   Nine Months Ended
                         September September  September September
                          27, 1997  28, 1996  27, 1997  28, 1996 
EARNINGS

Net Income                 $20,561   $20,474   $52,600   $53,362

SHARES USED FOR CALCULATING
EARNINGS PER SHARE

Average Shares Outstanding  46,947    47,461    47,752    47,499

Additional Shares Resulting 
  from Assumed Exercise
  of Stock Options           1,469     1,938     1,440     1,851
 
Total                       48,416    49,399    49,192    49,350

PER SHARE AMOUNTS

Net Income                   $0.42     $0.41     $1.07     $1.08


NOTE:  This calculation is submitted in accordance with Securities and
Exchange Act of 1934 Release No. 9083.
<TABLE> <S> <C>

<ARTICLE>      5
<LEGEND>       THIS SCHEDULE CONTAINS SUMMARY FINANCIAL
               INFORMATION EXTRACTED FROM THE COMPANY'S
               FINANCIAL STATEMENTS AS OF AND FOR THE PERIOD
               ENDING SEPTEMBER 27, 1997, AND IS QUALIFIED IN
               ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
               STATEMENTS.
</LEGEND>
<MULTIPLIER>                      1,000
<PERIOD-TYPE>                     9-MOS
<FISCAL-YEAR-END>            JAN-3-1998
<PERIOD-START>              JUN-28-1997
<PERIOD-END>                SEP-27-1997

<CASH>                           10,286
<SECURITIES>                          0
<RECEIVABLES>                   116,313
<ALLOWANCES>                        551
<INVENTORY>                      90,426
<CURRENT-ASSETS>                253,687
<PP&E>                          202,308
<DEPRECIATION>                   61,111
<TOTAL-ASSETS>                  524,506
<CURRENT-LIABILITIES>           216,484
<BONDS>                               0
<COMMON>                         46,828
<PREFERRED-MANDATORY>                 0
<PREFERRED>                           0
<OTHER-SE>                      215,076
<TOTAL-LIABILITY-AND-EQUITY>    524,506
<SALES>                       1,290,031
<TOTAL-REVENUES>              1,290,031
<CGS>                         1,099,107
<TOTAL-COSTS>                 1,099,107
<OTHER-EXPENSES>                      0
<LOSS-PROVISION>                      0
<INTEREST-EXPENSE>                1,058
<INCOME-PRETAX>                  87,400
<INCOME-TAX>                     34,800
<INCOME-CONTINUING>              52,600
<DISCONTINUED>                        0
<EXTRAORDINARY>                       0
<CHANGES>                             0
<NET-INCOME>                     52,600
<EPS-PRIMARY>                      1.07
<EPS-DILUTED>                      1.07


</TABLE>
§ 336.10 Antiemetic active ingredients. The active ingredient of the product consists of any of the following when used within the dosage limits established for each ingredient in § 336.50(d): ( a ) Cyclizine hydrochloride.
( b ) Dimenhydrinate.
( c ) Diphenhydramine hydrochloride.
( d ) Meclizine hydrochloride.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-2219

LENA HARDAWAY,

Plaintiff – Appellant,

v.

CHECKERS DRIVE-IN RESTAURANTS, INC.,

Defendant – Appellee,

and

CHECKERS/RALLY RESTAURANT; ADVENTURES THREE INC.; 

DOUGLAS S. GORDON INSURANCE SERVICES; JOHN DOE INSURANCE 

COMPANY; IMOGENE F. HOLMES; DOES 1-25,

Defendants.

Appeal from the United States District Court for the District of 

Maryland, at Greenbelt. Roger W. Titus, Senior District Judge. 

(8:11-cv-01575-RWT)

Submitted: March 24, 2016 Decided: April 5, 2016

Before KING, WYNN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Lena Hardaway, Appellant Pro Se. Richard E. Schimel, BREGMAN, 

BERBERT, SCHWARTZ & GILDAY, LLC, Bethesda, Maryland, for 

Appellee.
2

Unpublished opinions are not binding precedent in this circuit.
3

PER CURIAM:

Lena Hardaway appeals from the district court’s order 

dismissing her complaint without prejudice for want of 

prosecution. On appeal, Hardaway asserts that the district 

court did not properly update her address and that she did not 

timely receive the district court’s order to show cause. We 

affirm.

Hardaway claims that she filed a complaint against a 

district court judge with the Justice Department on August 17, 

2015, and filed an additional complaint with the Chief Judge of 

the District of Maryland on August 28, 2015. Hardaway asserts 

that she placed a change of address form in the envelope to the 

Chief Judge. Hardaway does not provide any documentary proof of 

these claims.

It appears that Hardaway’s “complaints” were in a separate 

case or were an attempt to open an investigation or another 

case. These documents are not filed in the instant case. The 

United States District Court for the District of Maryland Rule 

102(b)(iii) requires self-represented litigants to file change 

of address forms with the Clerk in every case in which they 

currently have an address where case-related papers may be 

served. Even assuming that the document Hardaway references was 

a change of address form for the instant case, Hardaway states 
4

that she sent it to the Chief Judge rather than the Clerk of the 

Court. 

Moreover, on appeal, Hardaway presents no showing of good 

cause for her failure to pursue her case, so any error by the 

district court was merely harmless. The district court granted 

in part Hardaway’s motion to compel on September 16, 2013, and

Hardaway did not file another document in her case until her 

notice of appeal on October 9, 2015. While she claims there was 

much misconduct in her case, she does not allege that she 

specifically attempted to file documents after September 2013, 

nor does she explain her failure to prosecute her case during 

that time period. Finally, while Hardaway raises numerous other 

claims on appeal, we find that they are irrelevant to the basis 

for dismissal.

Accordingly, we affirm. We dispense with oral argument 

because the facts and legal contentions are adequately presented 

in the materials before this court and argument would not aid 

the decisional process.

AFFIRMED
Exhibit 15.2


[BDO Auditores S.L. letterhead]


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We consent to the incorporation by reference in the Registration Statements on Form S-8 (File Nos. 333-102288 and 333-92491) pertaining to the Employee Stock Option plans of Ellomay Capital Ltd. (the “Company”) and Form F-3 (File No. 333-144171) of the Company of our report dated March 22, 2013 with respect to the financial statements of Ellomay Spain S.L. included in the Annual Report on Form 20-F of the Company for the year ended December 31, 2012.
  /s/ BDO Auditores S.L.
  BDO Auditores S.L.
 Certified Public Accountants
 Madrid, Spain
 March 22, 2013
Exhibit 32.1



                  CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
                       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  accompanying  Quarterly  Report on Form 10-Q of Momentum
Biofuels,  Inc.  for the quarter  ended  September  30, 2010,  I, George  Sharp,
Principal  Executive and Accounting Officer of Momentum  Biofuels,  Inc., hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, to my knowledge, that:

a)   such  Quarterly  Report on Form 10-Q of  Momentum  Biofuels,  Inc.  for the
     quarter ended September 30, 2010,  fully complies with the  requirements of
     section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

b)   the information contained in such Quarterly Report on Form 10-Q of Momentum
     Biofuels,  Inc. for the quarter ended September 30, 2010,  fairly presents,
     in all material respects, the financial condition and results of operations
     of Momentum Biofuels, Inc.


Date: November 22, 2010


                             /s/George Sharp
                             ---------------
                             George Sharp, Chief Executive Officer
                             (Principal Executive and Accounting Officer)




This  certification  accompanies  the  Report  pursuant  to  Section  906 of the
Sarbanes-Oxley  Act of 2002 and shall not,  except to the extent required by the
Sarbanes-Oxley  Act of 2002,  be deemed  filed by the  Company  for  purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
<PAGE>

                                                                 EXHIBIT 10.19.1


                             FIRST AMENDMENT TO THE

                         SHORT TERM INVESTMENT AGREEMENT

This FIRST AMENDMENT ("Amendment") is dated as of January 1, 2002, by and
between WFS FINANCIAL INC, a California corporation ("WFS"), and WESTERN
FINANCIAL BANK, a federally chartered savings bank fka Western Financial Savings
Bank. F.S.B. (the "Bank"), and amends the SHORT TERM INVESTMENT AGREEMENT
("Agreement") entered into by the parties on January 1. 1996, pursuant to
certain short-term investment services provided by the Bank to WFS.

                                    RECITALS

The Agreement is being amended to reflect a change in the interest rate payable
by the Bank to WFS pursuant to the terms and conditions in the Agreement.

                                    AGREEMENT

In consideration of the mutual promises set forth herein, and in reliance upon
the recitals set forth above, the parties agree as follows:

1.      The third sentence in Clause 3 of the Agreement is hereby changed and
        replaced by the following sentences:

        "Interest shall be paid at a rate equal to 1-month LIBOR, and shall
        accrue daily. The LIBOR rate used shall be the LIBOR rate in effect on
        the last day of the prior month."

2.      Except as specifically amended herein, all terms of the Agreement shall
        remain in full force and effect.


Wherefore, the undersigned have executed this Amendment on the date set forth
below to be effective as of the date first set forth above.

WFS FINANCIAL INC                         WESTERN FINANCIAL BANK


-----------------------------             -----------------------------
Thomas A. Wolfe, President and            Lee A. Whatcott,
Chief Operating Officer                   Senior Executive Vice
President                                 and Chief Financial Officer

November, 2001
§ 203.70 Application for a reward. ( a ) *Reward for providing information leading to the institution of a criminal proceeding against, and conviction of, a person for the sale, purchase, or trade of a drug sample.* A person who provides information leading to the institution of a criminal proceeding against, and conviction of, a person for the sale, purchase, or trade of a drug sample, or the offer to sell, purchase, or trade a drug sample, in violation of section 503(c)(1) of the act, is entitled to one-half the criminal fine imposed and collected for such violation, but not more than $125,000.
( b ) *Procedure for making application for a reward for providing information leading to the institution of a criminal proceeding against, and conviction of, a person for the sale, purchase, or trade of a drug sample.* A person who provides information leading to the institution of a criminal proceeding against, and conviction of, a person for the sale, purchase, or trade of a drug sample, or the offer to sell, purchase, or trade a drug sample, in violation of section 503(c)(1) of the act, may apply for a reward by making written application to: ( 1 ) Director, Office of Compliance, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002; or
( 2 ) Food and Drug Administration, Center for Biologics Evaluation and Research, Office of Compliance and Biologics Quality (ATTN: Director), Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002, as appropriate.
[64 FR 67756, Dec. 3, 1999, as amended at 69 FR 48775, Aug. 11, 2004; 74 FR 13112, Mar. 26, 2009; 80 FR 18091, Apr. 3, 2013]