alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
 
EXHIBIT 11             COMPUTATION OF EARNINGS PER SHARE

                           EXCEL SWITCHING CORPORATION
                      (IN THOUSANDS, EXCEPT PER SHARE DATA)


<TABLE>
<CAPTION> 
                                                                  Three Months Ended                      Nine Months Ended
                                                           -------------------------------     -----------------------------------
                                                            Sept. 30,           Sept. 27,           Sept. 30,            Sept. 27,
                                                               1996                1997                1996                1997
                                                           -----------     ---------------     ---------------      --------------
<S>                                                        <C>             <C>                 <C>                  <C> 
Net income                                                    $ 2,126             $ 5,151             $ 5,813            $ 12,571
                                                           ===========     ===============     ===============      ==============

Weighted average common shares outstanding                     28,090              28,090              28,090              28,090

Weighted average common share equivalents                       4,647               4,848               4,599               4,845

Weighted average common shares issued
     within twelve months of initial public offering (1)        1,090               1,090               1,090               1,090
                                                           -----------     ---------------     ---------------      --------------

Weighted average common and common
     equivalent shares outstanding                             33,827              34,028              33,779              34,025
                                                           ===========     ===============     ===============      ==============

Net income per share                                             $.06                $.15                $.17                $.37
                                                                 ====                ====                ====                ====
</TABLE> 



1)   Pursuant to Securities and Exchange Commission Staff Accounting Bulletin
     No. 83, common equivalent shares issued during the 12 months prior to
     completion of the Company's initial public offering in November, 1997 have
     been included in the net income per share computations using the treasury
     stock method as if they were outstanding for all periods presented.
99–008

107TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 107–682

PROVIDING FOR CONSIDERATION OF THE CONFERENCE 

REPORT TO ACCOMPANY H.R. 1646, FOREIGN RELATIONS 

AUTHORIZATION ACT FOR FISCAL YEARS 2002 AND 2003

SEPTEMBER 24, 2002.—Referred to the House Calendar and ordered to be printed 

Mr. DIAZ-BALART, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 545]

The Committee on Rules, having had under consideration House 

Resolution 545, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution waives all points of order against the conference 

report to accompany H.R. 1646, the Foreign Relations Authorization Act for Fiscal Years 2002 and 2003, and against its consideration. The resolution further provides that the conference report 

shall be considered as read.

Æ
|   |   |
|--------|--------|

**Filed      Pursuant To Rule 433, Registration No. 333-124310**
** **

**$1,000,000,000**

**CATERPILLAR      FINANCIAL SERVICES CORPORATION**

| **For                the Period: 4/23/2007 to 4/30/2007** |
|-----------------------------------------------------------|
| **Coupon**                                                | **Interest** | **Maturity** | **Callable** | **Survivor's****Option** | **Price****1** | **Yield****2** | **Moody's** | **S&P** | **CUSIP** |
| 4.800%                                                    | Semi-Annual(†††) | 5/15/09 | NO | YES§  | 100.00 | 4.800% | A2 | A | 14912HCL2 |
| 5.150%                                                    | Semi-Annual(†††) | 5/15/14 | 5/15/09***  | YES§  | 100.00 | 5.149% | A2 | A | 14912HCM0 |
| 5.500%                                                    | Monthly(†) | 5/15/22 | 5/15/10*  | YES§  | 100.00 | 5.563% | A2 | A | 14912HCN8 |
| 5.600%                                                    | Monthly(†) | 5/15/27 | 5/15/11*  | YES§  | 100.00 | 5.666% | A2 | A | 14912HCP3 |

*All      offerings are subject to prior sale.*
EXHIBIT 31.2



CERTIFICATION OF TREASURER



I, Robert F. Aufenanger, certify that:



1. I have reviewed this quarterly report on Form 10-Q of Excelsior Private Equity Fund II, 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(s) 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)) for the registrant and have:



a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;



b) evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and



c) disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most
recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and



5. The registrants other certifying officer(s) 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):



a) all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and



b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal control over financial reporting.



|                               
|-------------------------------
|Date: September 20, 2004       
|                               
|/s/ Robert F. Aufenanger       
|Robert F. Aufenanger, Treasurer



24
From: TConnor@hvc.rr.com

To: E-OHPSCA2713.EBSA

Subject: Comment: RIN 1210-AB44

Date: Wednesday, September 07, 2011 1:27:37 PM

To Whom It May Concern:

I am writing today to ask in the strongest way possible that you rescind the unjust and coercive

mandate that all "contraceptives" and sterilization procedures be covered by private health insurance

with no co-pay to patients. If you do not reverse course I ask you to expand conscience protections for

any organizations that provide individual and group insurance and have moral or religious objections. I

strongly oppose the government forcing free insurance coverage on Americans especially for drugs and

devices that I oppose because some of these can cause an abortion (such as ella and Plan B).

I also ask you to reconsider your definition of religious employer and offer an authentic conscience

protection for any organization and business that has moral or religious objection to providing such

insurance to their employees. This legal mandate clearly violates the spirit of conscience laws which

prohibit government discrimination against those who object to various health services on moral or

religious grounds. The definition of "religious employer" in the regulation is so narrow as to only include

churches, but will still mean that a host of businesses and organizations that have conscience objections

will be required to choose between either violating their conscience or not being able to offer employees

health insurance.

Please protect the conscience rights of insurers, providers and people like me who object to being

forced by the federal government to offer or subsidize contraceptives and sterilization services, especially

when some of these drugs can take the life of early unborn children. No Americans should be forced by

the federal government to essentially subsidize services they object to. I again urge you in the strongest

way possible to reverse course and remove contraceptives and sterilizations from the list of mandatory

preventive services.

Sincerely,

Thomas V. Connor

Wallkill, NY 12589
file:///C|/..._List_29-08-2011_12-55-54-352/Document%20List%2029-08-2011%2012-55-54-352_docs/EBSA-2010-0018-DRAFT-0044.html[8/29/2011 2:06:35 PM]

PUBLIC SUBMISSION

As of: August 29, 2011

Received: August 23, 2011

Status: Pending_Post

Tracking No. 80eeac94

Comments Due: September 30, 2011

Submission Type: Web

Docket: EBSA-2010-0018

Interim Final Rules for Group Health Plans and Health Insurance Issuers Relating to Coverage of

Preventive Services Under the Patient Protection and Affordable Care Act

Comment On: EBSA-2010-0018-0002

Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services under

Patient Protection and Affordable Care Act: Amendment

Document: EBSA-2010-0018-DRAFT-0044

Comment on FR Doc # 2011-19684

Submitter Information

Name: Tracy A. Leonard

Address:

1225 SW Mulvane St.

Topeka, KS, 66604

Email: clubleonard@sbcglobal.net

General Comment

I vigorously oppose the illegally narrow exemption created in the Interim Final Rule. This proposed

religious exemption would apply almost exclusively to ONLY houses of worship, and possibly some

denominational seminaries. As a result of the HRSA guidelines, employers who have pro-life,

religious, or other conscientious objections to facilitating the use of birth control drugs or abortion

inducing drugs are now required to provide the very drugs that result in the death of a human being.

According to the dictates of their conscience this would be murder and sinful.

The proposed Religious exemption violates the Religious Freedom Restoration Act. I urge the HHS to

withdraw the Interim Final Rule that created this illegally narrow religious exemption and adopt a

religious exemption that would allow all employers who have religious and conscientious objections to

providing birth-control or abortion producing drugs to their employees to opt out of the new HRSA

guidelines.
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion *

should not be published and is not precedent except under the limited

circumstances set forth in 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-40297

Summary Calendar

ROBERT LOUIS SALTER, JR

Petitioner-Appellant

v.

WARDEN PAUL KASTNER

Responded-Appellee

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 5:06-CV-199

Before WIENER, STEWART, and CLEMENT, Circuit Judges.

PER CURIAM:*

Robert Louis Salter, Jr., federal prisoner # 06489-010, seeks to appeal the

district court’s dismissal of his action that he characterized as an independent

action in equity. Salter was convicted in the Western District of Arkansas of

possession of a machinegun and failure to appear before the court. Salter’s

conviction was affirmed on direct appeal to the Eighth Circuit. United States v.

Salter, 418 F.3d 860, 863 (8th Cir. 2005).

United States Court of Appeals

Fifth Circuit

F I L E D

May 1, 2009

Charles R. Fulbruge III

Clerk
No. 08-40297

2

On appeal to this court, Salter argued that it was impossible for him to

comply with the registration and taxing requirements for machineguns and that

his guilty plea was nullified by the district court when it allowed the

Government to withdraw the plea agreement. He also argued that the district

court erred by dismissing his action because he satisfied the essential elements

for maintaining an independent action in equity. In a supplemental letter brief,

Salter additionally asserted that his possession of a machinegun conviction

should be set aside because of the recent Supreme Court decision District of

Columbia v. Heller, 128 S. Ct. 2783 (2008). 

One of the essential elements of an independent action in equity is a

showing of the absence of any adequate remedy at law. Bankers Mortgage Co.

v. U.S., 423 F.2d 73, 79 (5th Cir. 1970). The Supreme Court has further noted

that an independent action in equity should be available only to prevent a grave

miscarriage of justice. United States v. Beggerly, 524 U.S. 38, 45 (1998). Salter’s

action did not meet these demanding standards. 

Because Salter’s action was not filed in the federal district court in which

he was convicted and sentenced, the district court did not have jurisdiction to

alternatively treat his action as a motion under 28 U.S.C. § 2255. See Pack v.

Yousuff, 218 F.3d 448, 451 (5th Cir. 2000). Because Salter did not assert that

he was convicted of an offense that is nonexistent as to all persons, his action

also did not meet the essential criteria of a claim under 28 U.S.C. § 2241 made

in conjunction with the savings clause of § 2255(e). See Reyes-Requena v. United

States, 243 F.3d 893, 904 (5th Cir. 2001). 

Salter therefore filed an unauthorized action which the district court was

without jurisdiction to entertain. See United States v. Early, 27 F.3d 140, 142

(5th Cir. 1994). Salter has thus appealed from the dismissal of a meaningless,

unauthorized action. Id. We affirm on the basis that the district court lacked

jurisdiction. Id. 

AFFIRMED.
|   |   |
|--------|--------|

**Filed      Pursuant To Rule 433, Registration No. 333-124310**
** **

**$1,000,000,000**

**CATERPILLAR      FINANCIAL SERVICES CORPORATION**

| **For                the Period: 4/2/2007 to 4/9/2007** |
|---------------------------------------------------------|
| **Coupon**                                              | **Interest** | **Maturity** | **Callable** | **Survivor's****Option** | **Price****1** | **Yield****2** | **Moody's** | **S&P** | **CUSIP** |
| 4.750%                                                  | Semi-Annual(†††) | 4/15/09 | NO | YES§  | 100.00 | 4.750% | A2 | A | 14912HCG3 |
| 5.100%                                                  | Monthly(†) | 4/15/14 | 4/15/09*  | YES§  | 100.00 | 5.154% | A2 | A | 14912HCH1 |
| 5.400%                                                  | Semi-Annual(†††) | 4/15/17 | 4/15/09***  | YES§  | 100.00 | 5.400% | A2 | A | 14912HCJ7 |
| 5.600%                                                  | Monthly(†) | 4/15/27 | 4/15/11*  | YES§  | 100.00 | 5.666% | A2 | A | 14912HCK4 |

*All      offerings are subject to prior sale.*
#### Samuel Kugelman, Respondent, v. Abraham D. Rhodes, Appellant.

— Order affirmed, with costs and disbursements. Opiniou by

Barnard, P. J.
No. 743, Misc.

#### Martin *v.*Kentucky.

Petitioner *pro se.*

*John B. Breckinridge,*Attorney General of Kentucky, and *Ray Corns,*Assistant Attorney General, for respondent.

Court of Appeals of Kentucky. Certiorari denied.
From: jackaye@usit.net

To: E-OHPSCA2713.EBSA

Subject: Comment: RIN 1210-AB44

Date: Wednesday, September 07, 2011 12:19:11 PM

To Whom It May Concern:

I am writing today to ask in the strongest way possible that you rescind the unjust and coercive

mandate that all "contraceptives" and sterilization procedures be covered by private health insurance

with no co-pay to patients. If you do not reverse course I ask you to expand conscience protections for

any organizations that provide individual and group insurance and have moral or religious objections. I

strongly oppose the government forcing free insurance coverage on Americans especially for drugs and

devices that I oppose because some of these can cause an abortion (such as ella and Plan B).

I also ask you to reconsider your definition of religious employer and offer an authentic conscience

protection for any organization and business that has moral or religious objection to providing such

insurance to their employees. This legal mandate clearly violates the spirit of conscience laws which

prohibit government discrimination against those who object to various health services on moral or

religious grounds. The definition of "religious employer" in the regulation is so narrow as to only include

churches, but will still mean that a host of businesses and organizations that have conscience objections

will be required to choose between either violating their conscience or not being able to offer employees

health insurance.

Please protect the conscience rights of insurers, providers and people like me who object to being

forced by the federal government to offer or subsidize contraceptives and sterilization services, especially

when some of these drugs can take the life of early unborn children. No Americans should be forced by

the federal government to essentially subsidize services they object to. I again urge you in the strongest

way possible to reverse course and remove contraceptives and sterilizations from the list of mandatory

preventive services.

Sincerely,

S. Kaye Nolen

Dyer, TN 38330
<PAGE>

Exhibit 11.

Computation of Weighted Average Shares Outstanding and Earnings Per Share

Shares Outstanding End of Month - 3rd Quarter

                                                       2001
                                                   ------------
          July                                        3,979,483
          August                                      3,979,483
          September                                   3,979,483
                                                   ------------
                                                     11,938,449

          Divided by:                                3 months
                                                   ------------

                                                      3,979,483
                                                   ============

          Net Income                                  1,334,354
                                                   ============

          Net Income Per Share - Basic              $      0.34

Shares Outstanding End of Month - YTD


          January                                     3,981,008
          February                                    3,979,483
          March                                       3,979,483
          April                                       3,979,483
          May                                         3,979,483
          June                                        3,979,483
          July                                        3,979,483
          August                                      3,979,483
          September                                   3,979,483
                                                   ------------
                                                     35,816,872

          Divided by:                                9 months
                                                   ------------

                                                      3,979,652
                                                   ============

          Net Income                                  4,208,875
                                                   ============

          Net Income Per Share - Basic & Diluted    $      1.06

                                      17
| Subsidiary                           | Jurisdiction of Organization |
|--------------------------------------|------------------------------|
|                                 |                         |
| Immucor Medizinische Diagnostik GmbH | Germany                      |
|                                 |                         |
| Immucor Italia S.p.A.                | Italy                        |
|                                 |                         |
| Immucor Diagnosticos Medicos Lda.    | Portugal                     |
|                                 |                         |
| Dominion Biologicals Limited         | Canada                       |
|                                 |                         |
| Immucor, S.L.                        | Spain                        |
|                                 |                         |
| Immucor Gamma Benelux SPRL.          | Belgium                      |
|                                 |                         |
| Immucor K. K.                        | Japan                        |
|                                 |                         |
| Immucor France S.A.S.                | France                       |
|                                 |                         |
| IBG Immucor Limited                  | United Kingdom               |
|                                 |                         |
| BCA Acquisition Corporation          | United States (Georgia)      |
|                                 |                         |
| BioArray Solutions Limited           | United States (New Jersey)   |