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

                             EXHIBIT 11.0

                      NRG Generating (U. S.) INC.
               Computation of Earnings Per Common Share
           (Dollars in thousands, except per share amounts)

<TABLE>
<CAPTION>

                                                     Three Months Ended            Nine Months Ended
                                                September 30,   September 30,  September 30, September 30,
                                                    1997           1996            1997          1996
<S>
                                                <C>             <C>            <C>           <C>
Net income (loss) applicable to
  common shares:
    Net income (loss)                           $    2,793     $     4,806    $      7,351    $   (11,832)

Primary:
  Shares for common and common share
  equivalent earnings (loss) per share (1):
    Weighted average number of
      common shares outstanding                  6,440,514       6,422,014       6,440,514      5,217,411
    Dilutive effect of outstanding
      stock options and warrants                   252,703               0         220,953              0

                                                 6,693,217       6,422,014       6,661,467      5,217,411

Net income (loss) per common share
  and common share equivalents                  $     0.42     $      0.75    $       1.10    $     (2.27)

Fully Diluted:
  Shares for common and common share
  equivalent earnings (loss) per share (2):
    Weighted average number of
      common shares outstanding                  6,440,514       6,422,014       6,440,514      5,217,411
    Dilutive effect of outstanding
      stock options and warrants                   288,125               0         270,331              0

                                                 6,728,639       6,422,014       6,710,845      5,217,411

Net income (loss) per common share
  and common share equivalents                  $     0.42     $      0.75    $       1.10    $     (2.27)

<FN>
(1)  Outstanding  stock options, warrants, and shares  issuable  under
   employee  stock  purchase  plans  are  converted  to  common  share
   equivalents  by the treasury stock method using the average  market
   price of the Company's shares during each period.

(2)  Outstanding  stock options, warrants, and shares  issuable  under
   employee  stock  purchase  plans  are  converted  to  common  share
   equivalents by the treasury stock method using the greater  of  the
   average  market  price  or  the  period-end  market  price  of  the
   Company's shares during each period.
</TABLE>
#### Edward Cupi, Respondent, *v.*The Craftman's Club, Appellant.

Appeal by the defendant from a judgment of the Municipal Court of the city of Uew York, borough of Manhattan, in favor of the plaintiff, upon a trial had before the court, without a jury.

Morgan & Mitchell (Rollin M. Morgan, of counsel), for appellant.

Antonio C. Astarita (Louis Jersawitz, of counsel), for respondent.

Giegerich, J.

The action is to recover $204, the value of certain goods sold and delivered by the plaintiff to the defendant. The answer, in addition to a general denial, sets up a counter-claim for „$23"8, as -follows: One hundred and eighty-eight dollars for injury to real property, caused by the alleged removal by the plaintiff of his fixtures therefrom, and fifty dollars for the plaintiff’s share of the Croton water rent of said premises while occupying the same -as a tenant of tire defendant.

Upon the trial the parties agreed that the plaintiff’s share of said water rent was forty-five dollars, and the defendant admitted the correctness of plaintiff’s claim, except as to an item for a range amounting to the sum of forty-five dollars, which the latter conceded was not delivered to the defendant.

*758The justice dismissed the remainder of the counter-claim, and rendered judgment in favor of the plaintiff for the full amount of his claim, less thirty dollars for a range and forty-five dollars for plaintiff’s share of the water rent. The defendant thereupon applied to this court. We think the justice properly dismissed the counter-claim for injury to real property, since it proceeded not upon contract, but in tort (Code Civ. Pro. § 3343, subd. 10), and did not arise out of the transaction set forth in the complaint, nor was it connected with the subject of the action. Code Civ. Pro. § 501, subd. 2; Western Union Tel. Co. v. Milliken, 14 Daly, 170; De Forest v. Andrews, 27 Misc. Rep. 145.

The judgment should, therefore, be affirmed, with costs.

Beekman, P. J., and O’G opa fan, J., concur.

Judgment affirmed, with costs.
H. R. 3217

One Hundred Eighth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twentieth day of January, two thousand and four

An Act

To provide for the conveyance of several small parcels of National Forest System

land in the Apalachicola National Forest, Florida, to resolve boundary discrepancies involving the Mt. Trial Primitive Baptist Church of Wakulla County,

Florida, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. LAND CONVEYANCE, APALACHICOLA NATIONAL FOREST,

FLORIDA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of Agriculture

may convey, without consideration, to the Mt. Trial Primitive Baptist Church of Wakulla County, Florida, all right, title, and interest

of the United States in and to four parcels of real property in

the Apalachicola National Forest, Florida, located in section 5 of

township 5 south, range 2 west, Tallahassee meridian, and consisting of approximately 9.95 acres, 0.09 acres, 0.09 acres, and

0.096 acres, respectively, as depicted on a map, plat number 5–

118, prepared as part of a 1983 Forest Service survey.

(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection

(a) shall be determined by the Secretary.

SEC. 2. ADDITIONAL TERMS AND CONDITIONS.

The Secretary may require such additional terms and conditions

in connection with the conveyance under section 1 as the Secretary

considers appropriate to protect the interests of the United States.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
§ 308.527 Motions. ( a ) Any application to the ALJ for an order or ruling must be by motion. Motions must state the relief sought, the authority relied upon, and the facts alleged, and must be filed with the ALJ and served on all other parties. Motions may include, without limitation, motions for summary judgment.
( b ) Except for motions made during a prehearing conference or at the hearing, all motions must be in writing. The ALJ may require that oral motions be reduced to writing.
( c ) Within 15 days after a written motion is served, or any other time as may be fixed by the ALJ, any party may file a response to such motion.
( d ) The ALJ may not grant a written motion before the time for filing responses thereto has expired, except upon consent of the parties or following a hearing on the motion, but may overrule or deny such motion without awaiting a response.
( e ) The ALJ will make a reasonable effort to dispose of all outstanding motions prior to the beginning of the hearing.
42470.

#### TENNESSEE-VIRGINIA CONSTRUCTION COMPANY v. WILLINGHAM.

Argued January 9, 1967

Decided January 24, 1967.

*91
      *Gettle*cfc *Jones, Sherman C. Fraser, Jr.,*for appellant.

*Gambrell & Mobley, Albert Sidney Johnson,*for appellee.

Quillian, Judge.

The sole contention of the defendant, appellant here, is that attachment will not lie to recover unliquidated damages or where the contract breached requires property other than money to be delivered to the plaintiff.

In support of the contention the defendant cites *Mills v. Findlay,*14 Ga. 230, and *Monroe v. Bishop,*29 Ga. 159. The *Mills*case, decided in 1853, held that attachment would not lie to recover unliquidated damages. Thereafter, in 1857, the General Assembly adopted an Act, now codified as *Code*§ 8-102, which provides: “In all cases of money demands, whether arising ex contractu or ex delicto, the plaintiff shall have the right to sue out the attachment when the defendant shall have placed himself in such situation as will authorize a plaintiff to sue out attachment.” See *Code*§ 8-101 (grounds of attachment). In construing the statute adopted after the decision in the *Mills*case the Supreme Court held that attachment would lie for ■unliquidated money demands. *Morton v. Pearman,*28 Ga. 323. The decision in the *Monroe*case, supra, relied on by the defendant involved an attachment sued out at a time when no debt was presently due and on an obligation which could be satisfied *in futuro*by other than the payment of money, to wit: notes.

In the case sub judice the plaintiff seeks the issuance of attachment based on *in praesenti*money demands, although concededly unliquidated. Hence, the declaration was not subject to the defendant's general demurrers for any reason assigned.

*Judgment affirmed.*

*Frankum, P. J., and Deen, J., concur.*
# Úřední věstník C 363I/9. z

| | ISSN 1977-0863 |
| --- | --- |
| Úřední věstník
  Evropské unie | C 363I |
| | |
| České vydání | Informace a oznámení | Ročník 649. září2021 |

ISSN 1977-0863

Úřední věstník

Evropské unie

C 363I

České vydání

Informace a oznámení

Ročník 649. září2021

---

| Obsah | Strana |
| --- | --- |
| | Opravy |
| 2021/C 363 I/01 | Oprava výzvy k podávání přihlášek za účelem výběru kontrolora procesních záruk v souvislosti s vyšetřováními, která provádí Evropský úřad pro boj proti podvodům (OLAF) – COM/2021/20062 ( Úř. věst. C 279 A, 13.7.2021 ) | 1 |

Obsah

Strana

Opravy

2021/C 363 I/01

Oprava výzvy k podávání přihlášek za účelem výběru kontrolora procesních záruk v souvislosti s vyšetřováními, která provádí Evropský úřad pro boj proti podvodům (OLAF) – COM/2021/20062 ( Úř. věst. C 279 A, 13.7.2021 )

( Úř. věst. C 279 A, 13.7.2021 )

1

---

| CS | |
| --- | --- |

CS

---

Opravy

| 9.9.2021 | CS | Úřední věstník Evropské unie | CI 363/1 |
| --- | --- | --- | --- |

9.9.2021

CS

Úřední věstník Evropské unie

CI 363/1

---

Oprava výzvy k podávání přihlášek za účelem výběru kontrolora procesních záruk v souvislosti s vyšetřováními, která provádí Evropský úřad pro boj proti podvodům (OLAF) – COM/2021/20062

(
  Úřední věstník Evropské unie C 279 A ze dne 13. července 2021
  )

(2021/C 363 I/01)

Strana 3, bod 4, „Datum uzávěrky“, první pododstavec:

| místo: | „Datum uzávěrky pro registraci je 9. září 2021. Elektronická registrace je možná pouze do 12:00 hod. (poledne) bruselského času.“, |
| --- | --- |

místo:

„Datum uzávěrky pro registraci je 9. září 2021. Elektronická registrace je možná pouze do 12:00 hod. (poledne) bruselského času.“,

| má být: | „Datum uzávěrky pro registraci je 23. září 2021. Elektronická registrace je možná pouze do 12:00 hod. (poledne) bruselského času.“ |
| --- | --- |

má být:

má být:

„Datum uzávěrky pro registraci je 23. září 2021. Elektronická registrace je možná pouze do 12:00 hod. (poledne) bruselského času.“

---
Adams, Kevin (OST) 

From: 

Sent: 

To: 

Cc: 

Subject: 

Rose Annette Ahuna < raahuna@sosf.org > 

Sunday, June 09, 2013 12:28 PM 

Devany, Dennis (OST); Adams, Kevin (OST) 

roseannetteahuna@yahoo.com 

Makani Kai Service 

Being a National Park Service volunteer since August 15, 2009 at Bishop Home, having Makani Kai since January 17, 

2012-as their plane was blessed, was a welcoming change in traveling to/from Honolulu for meetings, retreats , periodic 

medical exams and treatments. 

1) Mr. Schuman and staff have been most accommodating in adding flights when groups have come for celebrations and 

weekend retreats. 

2) Mr. Schuman/representatives periodically attend our Kalaupapa Community meetings-updating us of schedule changes. 

3) Reservation staff: knowledgeable and courteous. 

4) Attractive advertisement cards available in MK-Honolulu Airport waiting room; easy to mail to friends. 

5) Departure and arrival times - dependable 

6) Pilots informative, focused, courteous and a credit to Makani Kai 

7) Flights smooth landing for a 9-passenger plane. As you know, many have never traveled on a small plane; this might 

be their first small plane ride experience. 

Be assured of my continued endorsement of Makani Kai. We appreciate your professional commitment, travel rates and 

availability in serving the residents of Kalaupapa, Molokai. 

May God continue to bless each one of you as you serve all travelers. 

In prayerful appreciation, Sister Rose Annette Ahuna, OSF 

1
**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





The
      undersigned hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted
      pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to their
      knowledge, the Quarterly Report on Form 10-Q for the six month period ended
      June
      30, 2007 of Naturade, Inc. (the “Company”) fully complies with the requirements
      of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended,
      and that the information contained in such periodic report fairly presents,
      in
      all material respects, the financial condition and results of operations of
      the
      Company as of, and for, the periods presented in such report.




/s/ Richard
                MunroRichard
                Munro
              *Chief
                Executive Officer*
              September 4, 2007






/s/
                Adam MichelinAdam
                Michelin
              *Principal
                Accounting Officer*
              September 4, 2007


A
      signed
      original of this written statement required by Section 906 has been provided
      to
      the Company and it will be retained by the Company and furnished to the
      Securities and Exchange Commission or its staff on request.
#### § 347.103 Effect of state law on actions taken under this subpart.

A bank may acquire and retain equity interests in a foreign organization or establish a foreign branch, subject to the requirements of this subpart, if it is authorized to do so by the law of the state in which the bank is chartered.
§ 308.150 Transcripts. ( a ) *General rule.* Transcripts of testimony, if any, shall be recorded by an official reporter, or by any other person or means designated by the person conducting the investigation. A witness may, solely for the use and benefit of the witness, obtain a copy of the transcript of his or her testimony at the conclusion of the investigation or, at the discretion of the person conducting the investigation, at an earlier time, provided that the witness submits a written request for the transcript and the transcript is available. The witness requesting a copy of his or her testimony shall bear the cost thereof.
( b ) *Subscription by witness.* The transcript of testimony shall be subscribed by the witness, unless the person conducting the investigation and the witness, by stipulation, have waived the signing, or the witness is ill, cannot be found, or has refused to sign. If the transcript of the testimony is not subscribed by the witness, the official reporter taking the testimony shall certify that the transcript is a true and complete transcript of the testimony.
[56 FR 37975, Aug. 9, 1991, as amended at 80 FR 5013, Jan. 30, 2015]
#### § 331.2 Definitions.

For purposes of this part—

*Home State* means, with respect to a State bank, the State by which the bank is chartered.

*Host State* means a State, other than the home State of a State bank, in which the State bank maintains a branch.

*Insured branch* has the same meaning as that term in section 3 of the Federal Deposit Insurance Act, 12 U.S.C. 1813.

*Interest* means any payment compensating a creditor or prospective creditor for an extension of credit, making available a line of credit, or any default or breach by a borrower of a condition upon which credit was extended. Interest includes, among other things, the following fees connected with credit extension or availability: numerical periodic rates; late fees; creditor-imposed not sufficient funds (NSF) fees charged when a borrower tenders payment on a debt with a check drawn on insufficient funds; overlimit fees; annual fees; cash advance fees; and membership fees. It does not ordinarily include appraisal fees, premiums and commissions attributable to insurance guaranteeing repayment of any extension of credit, finders' fees, fees for document preparation or notarization, or fees incurred to obtain credit reports.

*Out-of-State State bank* means, with respect to any State, a State bank whose home State is another State.

*Rate on 90-day commercial paper* means the rate quoted by the Federal Reserve Board of Governors for 90-day A2/P2 nonfinancial commercial paper.

*State bank* has the same meaning as that term in section 3 of the Federal Deposit Insurance Act, 12 U.S.C. 1813.
#### BELL V. THE STATE.

(Decided June 10, 1913.)

Appeal from Anniston City Court.

Heard before Hon. Thomas W. Coleman, Jr.

*664No counsel marked for appellant. E. C. Brickell, Attorney General, and W. L. Martin, Assistant Attorney General, for the State.

Pelham, J. —

No bill of exceptions and no error in tbe record. Affirmed.
#### § 308.115 Scope.

The rules and procedures of this subpart, subpart B of the Local Rules and the Uniform Rules shall apply to proceedings to assess civil penalties against any person for willful violation of the Change in Bank Control Act of 1978 (12 U.S.C. 1817(j)), or any regulation or order issued pursuant thereto, in connection with the affairs of an insured nonmember bank.
42757.

#### WHITE v. ASSOCIATES DISCOUNT CORPORATION.

Joslin, Judge.

This is an appeal from a judgment entered after striking the answer and cross action of the defendant.

The defendant filed his answer and the plaintiff filed demurrers thereto. The first demurrer was a general demurrer in which the plaintiff alleged that the defendant’s answer showed no defense to the plaintiff’s petition. This general demurrer was overruled by the trial court. Other demurrers were filed by *776the plaintiff, each to specific paragraphs of the defendant’s answer and each asserting that that particular paragraph failed to show a defense to plaintiff’s petition. The court sustained these demurrers to the specific paragraphs and struck the defendant’s answer.

*Bell, P. J., and Pannell, J., concur.*

Submitted May 1, 1967

Decided May 23, 1967.

*Stewart, Sartain & Carey, Jack M. Carey,*for appellant.

*Howard T. Oliver, Jr.,*for appellee.

The judge recites: “Plaintiff’s demurrers having been sustained and the defendant’s answer having been stricken, . . . and judgment is rendered in favor of said plaintiff. . .” It is clearly evident from the record that the court was mistaken on its basis for judgment, as it had overruled a general demurrer to the entire answer, thus establishing that the defendant’s answer did show a defense to the petition. The trial court in misconstruing its rulings on the demurrers committed error, and it is, therefore, ordered that the judgment be reversed and set aside in its entirety, and that the defendant be given opportunity to amend. *Sweat v. Jones,*217 Ga. 487 (123 SE2d 550).

*Judgment reversed with direction.*
#### § 262.5 Appearance and practice.

Appearance and practice before the Board in all matters are governed by § 263.3 of this chapter.
<PAGE>   1
                                                                   EXHIBIT 10.50


DISCOVERY PARTNERS
INTERNATIONAL

                                                         9640 TOWNE CENTRE DRIVE
                                                             SAN DIEGO, CA 92121

                                                             TEL: (858) 455-8600
                                                             FAX: (858) 455-8088

                                                   WEB WWW.DISCOVERYPARTNERS.COM



The Directorship Agreement dated December 16, 1996 by and between Mr. Dieter
Hoehn and Discovery Partners International, Inc. (f/k/a IRORI) (the "Company")
is hereby terminated as of this 8th day of May, 2000. Termination of this
Directorship Agreement shall in no way interfere with Mr. Hoehn's continued
service on the Company's Board of Directors.


        Discovery Partners International, Inc.


By:     /s/ Jack Fitzpatrick
        --------------------------------
Its:    CFO
        --------------------------------

        Dieter Hoehn



               /s/ Dieter Hoehn
        --------------------------------
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-02-1999
<PERIOD-START>                             JAN-04-1998
<PERIOD-END>                               APR-04-1998
<CASH>                                           5,126
<SECURITIES>                                         0
<RECEIVABLES>                                   29,228
<ALLOWANCES>                                     2,370
<INVENTORY>                                    102,589
<CURRENT-ASSETS>                               151,042
<PP&E>                                          65,174
<DEPRECIATION>                                  13,182
<TOTAL-ASSETS>                                 342,092
<CURRENT-LIABILITIES>                           54,249
<BONDS>                                        164,700
<PREFERRED-MANDATORY>                           19,125
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      54,216
<TOTAL-LIABILITY-AND-EQUITY>                   342,092
<SALES>                                         85,144
<TOTAL-REVENUES>                                85,144
<CGS>                                           54,509
<TOTAL-COSTS>                                   54,509
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,469
<INCOME-PRETAX>                                (3,209)
<INCOME-TAX>                                   (1,444)
<INCOME-CONTINUING>                            (1,765)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,765)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>