alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 11, Form 10-K
                                                          Kansas City Life
                                                          Insurance Company



                         KANSAS CITY LIFE INSURANCE COMPANY
                          COMPUTATION OF PER SHARE EARNINGS
                    Years ended December 31, 1995, 1994 and 1993

<TABLE>
<CAPTION>

                            1995                 1994                 1993
<S>                     <C>                   <C>                  <C>

Shares outstanding
at the end of:
  January                 6,163,293            6,146,912            6,142,432
  February                6,167,341            6,149,595            6,142,616
  March                   6,169,609            6,152,038            6,142,979
  April                   6,167,726            6,148,472            6,144,893
  May                     6,176,567            6,153,712            6,150,295
  June                    6,179,444            6,154,480            6,153,021
  July                    6,178,783            6,150,730            6,153,737
  August                  6,178,894            6,146,180            6,159,390
  September               6,177,911            6,154,427            6,143,140
  October                 6,175,032            6,154,517            6,142,316
  November                6,177,879            6,160,637            6,140,715
  December                6,177,905            6,162,436            6,143,875

    Weighted average
    number of shares
    outstanding for
    the year              6,173,294            6,152,155            6,146,583



Income before
nonrecurring item       $41,738,000           38,858,000           42,054,000

Postemployment
benefits, net                     -            1,481,000                    -


Net income              $41,738,000           37,377,000           42,054,000


Per common share:
  Income before
  nonrecurring item     $      6.76                 6.32                 6.84

  Postemployment
  benefits, net                   -                  .24                    -

Net income              $      6.76                 6.08                 6.84
</TABLE>
**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**

 

Inconnection with the Quarterly Report on Form 10-Q of EnerNOC, Inc.(the “Company”), for the quarter ended September 30, 2010, as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), we,Timothy G. Healy, Chief Executive Officer of the Company and Timothy Weller,Chief Financial Officer of the Company, do hereby certify, to such officer’s knowledge,pursuant to Section 1350 of Chapter 63 of Title 18, United States Code,that:

 

(1) TheReport fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

(2) Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 
|   | Date:  November 9, 2010           |   |
|--------|----------------------------------------|--------|
|   |                                   |   |
| By:    | /s/  Timothy G. Healy                  |   |
|   | Timothy  G. Healy                      |   |
|   | Chief  Executive Officer               |   |
|   |                                   |   |
|   |                                   |   |
| By:    | /s/  Timothy Weller                    |   |
|   | Timothy  Weller                        |   |
|   | Chief  Financial Officer and Treasurer |   |

 

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1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Respondent, No. CR S-02-0287 FCD DAD P

vs.

JOSEPH NORRIS,

Movant. ORDER

 /

Movant, a federal prisoner proceeding through counsel, has filed a motion to

vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. The matter was referred to

a United States Magistrate Judge for further proceedings.

On June 22, 2005, the magistrate judge filed findings and recommendations

herein which were served on all parties and which contained notice to all parties that any

objections to the findings and recommendations were to be filed within twenty days. Neither

party has filed objections to the findings and recommendations.

The court has reviewed the file and finds the findings and recommendations to be

supported by the record and by the magistrate judge’s analysis.

/////

/////

Case 2:04-cv-01982-FCD-DAD Document 3 Filed 07/29/05 Page 1 of 2
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Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed June 22, 2005, are adopted in full;

2. Movant’s September 23, 2004 motion pursuant to 28 U.S.C. § 2255 to correct

his sentence is denied;

3. Movant’s September 23, 2004 motions for furlough appearance and for release

pending resentencing are denied;

4. Movant’s January 7, 2005 application for leave to file a supplemental brief is

denied; and

5. The Clerk of the Court is directed to close the companion civil case, No. CIV.

S-04-1982 FCD DAD.

DATED:July 29, 2005

/s/ Frank C. Damrell Jr. 

FRANK C. DAMRELL JR.

United States District Judge

Case 2:04-cv-01982-FCD-DAD Document 3 Filed 07/29/05 Page 2 of 2
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4602 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 4602

  To authorize the appropriation of amounts for the construction of a 
     National Guard and Reserve Center at Fort Eisenhower, Georgia.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2024

  Mr. Ossoff introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
  To authorize the appropriation of amounts for the construction of a 
     National Guard and Reserve Center at Fort Eisenhower, Georgia.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fort Eisenhower National Guard 
Support Act''.

SEC. 2. AUTHORIZATION OF AMOUNTS FOR CONSTRUCTION OF A NATIONAL GUARD 
              AND RESERVE CENTER AT FORT EISENHOWER, GEORGIA.

    There is authorized to be appropriated to the Secretary of Defense 
for fiscal year 2025 $21,000,000 for the construction of a National 
Guard and Reserve Center at Fort Eisenhower, Georgia.
                                 <all>
```
Before the First Division,

September 5, 1945

No. 50446.

#### Protest 892767-G (B) of Perry Ryer & Co. (New York).

Opinion by

Oliver, P. J.

It was stipulated that the goatskins are similar in all material respects to those the subject of *United States*v. *Winograd Bros.*(32 C. C. P. A. 153, C. A. D. 302), which record was admitted in evidence herein. In accordance therewith the claim for free entry under paragraph 1681 was sustained.
No. 58984.

protest 244469-K (New York).

#### Marland Company *v.*United States,

Opinion by

Ekwall, J.

The case was submitted on the official papers transmitted to the court. An examination of the record failing to disclose sufficient proof to overcome the presumption of correctness attaching to the collector’s assessment, the protest was overruled.
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

In connection with the Quarterly Report of m-Wise,  Inc. ("the Company") on Form
10-QSB for the period ended  September 30, 2006 as filed with the Securities and
Exchange  Commission  on the date hereof  ("the  Report"),  I, Shay  Ben-Asulin,
Chairman of the Board and  Secretary,  certify,  pursuant  to 18 U.S.C.  Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
to my knowledge:

      (1) the Report  fully  comply with the  requirements  of Section  13(a) or
15(d) of the Securities Exchange Act of 1934; and

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

By: /s/Shay Ben-Asulin
----------------------
Shay Ben-Asulin, Chairman

Dated: November 13, 2006
---

Exhibit 32.2

CERTIFICATIONPursuant to 18 U.S.C. Section
1350As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002

In connection with the Annual Report of Strategic Internet Investments, Incorporated (the "Company") on Form 10-KSB/A for the year ending December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the "Report").  I, Abbas Salih, Chief Executive Officer and Chief Financial Officer of the Company, certify, pursuant to 18 USC Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:

|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: | October 23, 2008 |  | /s/
      Abbas Salih          
|----- | ---------------- |  | -------------------------------
|      |                  |  | Abbas Salih, CEO, CFO, Director

---
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








In
      connection with the Quarterly Report of Vitasti, Inc.  (the “Company”) on
      Form 10-QSB for the period ended March 31, 2006 as filed with the Securities
      and
      Exchange Commission on the date hereof (the “Report”), I, Tammy-Lynn McNabb,
      Chief Executive Officer, certify, pursuant to 18 U.S.C. Section 1350, as adopted
      pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





(1)  The
      Report fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934; and





(2)  The
      information contained in this Report fairly presents, in all material respects,
      the financial condition and results of operations of the Company.











Date: May
      21,
      2006


By: /s/
      TAMMY-LYNN MCNABB





Name:
       Tammy-Lynn McNabb


Title:
         Chief Executive Officer
United States Court of Appeals 

for the Fifth Circuit ____________ 

No. 23-50635 

Summary Calendar 

____________ 

United States of America, 

Plaintiff—Appellee, 

versus

Luis Armando Morales-Rojas, 

Defendant—Appellant. 

______________________________ 

Appeal from the United States District Court 

for the Western District of Texas 

USDC No. 2:20-CR-1544-2 

______________________________ 

Before Jones, Southwick, and Ho, Circuit Judges.

Per Curiam:*

Luis Armando Morales-Rojas pleaded guilty to conspiracy to 

transport illegal aliens in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I) and 

(B)(i), and transporting aliens within the United States for private financial 

gain in violation of § 1324(a)(1)(A)(ii) and (B)(i). The district court 

sentenced Morales-Rojas to 60 months of imprisonment. 

_____________________ 

*

 This opinion is not designated for publication. See 5th Cir. R. 47.5. 

United States Court of Appeals 

Fifth Circuit 

FILED 

April 19, 2024 

Lyle W. Cayce 

Clerk 

Case: 23-50635 Document: 45-1 Page: 1 Date Filed: 04/19/2024
No. 23-50635 

2 

On appeal, Morales-Rojas challenges the application of a two-level 

enhancement pursuant to U.S.S.G. § 3B1.1(c) based on the finding that he 

acted as an organizer of the criminal activity. A district court’s finding that 

a defendant played an aggravating role for purposes of an adjustment under 

§ 3B1.1(c) is a finding of fact that we review for clear error. United States v. 

Ochoa-Gomez, 777 F.3d 278, 281 (5th Cir. 2015). 

The record shows that Morales-Rojas recruited his son-in-law to work 

in the smuggling operation, and he controlled how much information his sonin-law had about the operation. Morales-Rojas also rented the motel room 

where he and his son-in-law stayed while waiting to transport the illegal 

aliens, and he was the sole communicator with someone higher up in the 

operation. Thus, the record plausibly supports the district court’s finding 

that Morales-Rojas played an aggravating role in his offense by exercising 

control over another participant. See id. at 283; see also United States v. 

Giraldo, 111 F.3d 21, 24-25 (5th Cir. 1997) (holding that a defendant’s 

recruitment of money suppliers of a drug transaction was sufficient to 

establish that a defendant exercised control over another participant). 

Accordingly, the district court did not clearly err in applying the 

enhancement. 

AFFIRMED. 

Case: 23-50635 Document: 45-1 Page: 2 Date Filed: 04/19/2024
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United States District Court

Eastern District of California 

Jeffrey Marshall,

Plaintiff, No. Civ. S 04-1657 DFL PAN P

vs. Order

Solano County Sheriff, et al.,

Defendants.

-oOoPlaintiff filed this civil rights action as a jail inmate,

suing his jailors and proceeding without counsel. 

The court approved service on nine defendants and seven, all

except Davis and Solano County Sheriff, have answered. 

The Marshal has indicated that summons for Solano County

Sheriff was forwarded for personal service November 10, 2005.

Good cause appearing, the court hereby orders that:

1. July 7, 2005, findings and recommendations claims

against Solano County Sheriff be dismissed under Fed. R. Civ. P. 

Case 2:04-cv-01657-AK Document 86 Filed 12/28/05 Page 1 of 2
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4(m) be vacated.

2. It appears plaintiff wishes to withdraw claims against

Davis. The court will dismiss such claims under Fed. R. Civ. P.

41(a) unless plaintiff indicates within 10 days that he wants to

pursue them. 

3. Plaintiff’s August 15 and 16, 2005, motions to grant and

extend discovery are denied because no court order is required

for plaintiff to conduct discovery. 

4. November 16, 2005, defendants Cullinson, Castro, Molloy

and Headley moved for a protective order prohibiting their

depositions. Defendants claim plaintiff is in custody of the

California Department of Corrections and assert that examining

them at deposition would imperil prison security. Plaintiff

filed a notice of change of address November 29, 2005, indicating

he is out of state custody and thus most of defendants’ arguments

are moot. No ground raised by defendants warrants a protective

order barring their examination at deposition, assuming the scope

of examination is limited by Fed.R.Civ.P. 26 and plaintiff

satisfies the requirements of Fed. R. Civ. P. 30 for notice,

designating a deposition officer, and providing an authorized

method of recording. Defendants’ November 16, 2005, motion for a

protective order is denied.

Dated: December 27, 2005. 

 /s/ Peter A. Nowinski 

 PETER A. NOWINSKI

 Magistrate Judge

Case 2:04-cv-01657-AK Document 86 Filed 12/28/05 Page 2 of 2
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JAMES BRITTINGHAM,

Plaintiff, No. CIV S-04-0037 LKK DAD P

vs.

HIGH DESERT STATE PRISON, et al.,

Defendants. ORDER

 /

On February 28, 2005, defendant Sandham filed an answer to plaintiff’s amended

complaint. Four days later, the court issued an order that begins with the statement that

defendant “has filed an answer to plaintiff’s amended complaint.” (Discovery Order filed Mar.

4, 2005, at 1.) On November 9, 2005, plaintiff filed a request for a copy of the answer. Plaintiff

states that he was never served with the answer, has never received any document from

defendant’s counsel or the court that reflects a street address or telephone number for counsel,

and has been unable to move forward with discovery.

The court has reviewed the answer electronically filed by defendant Sandham on

February 28, 2005. The document does not include a proof of service, and none was separately

filed. Pursuant to the Local Rules of Practice, a party who is not registered for the court’s

electronic filing system must be conventionally served in accordance with the appropriate

Case 2:04-cv-00037-LKK -DAD Document 48 Filed 11/17/05 Page 1 of 2
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 Plaintiff is informed that no reply to the answer is required or permitted. Fed. R. Civ.

P. 7(a). It is the defendant’s burden to litigate any affirmative defense alleged in his answer.

2

Federal Rules of Procedure. Local Rule 5-135(b). A proof of service must be affixed to the

original of a document when it is filed. Local Rule 5-135(c). In the absence of proof that

defendant’s answer was conventionally served on the pro se plaintiff in this case, counsel will be

required to serve the answer forthwith and file a proof of such service.1 In the future, plaintiff

shall inform the court immediately if he has not been served with a document cited by the court

as having been filed by defendant.

Good cause appearing, IT IS HEREBY ORDERED that:

1. Plaintiff’s November 9, 2005 request for a copy of defendant’s answer is

granted; and

2. Within five court days from the date of this order, defendant shall file a proof

of service reflecting that the answer filed February 28, 2005, has been conventionally served on

the pro se plaintiff.

DATED: November 16, 2005.

DAD:13:bb

brit0037.35def

Case 2:04-cv-00037-LKK -DAD Document 48 Filed 11/17/05 Page 2 of 2
Before the Second Division,

April 22, 1954

No. 58027.

protests 190754-K and 195575-K (New York).

#### Nouvette Trading *v.*United States,

Opinion by

Ford, J.

In accordance with stipulation of counsel that the merchandise consists of veils or veilings similar in all material respects to those the subject of Abstract 57645, the claim of the plaintiff was sustained.
Case 2:04-cv-02017-GEB-GGH   Document 33    Filed 09/23/05   Page 1 of 2

Case 2:04-cv-02017-GEB-GGH   Document 33    Filed 09/23/05   Page 2 of 2

    -       - Superintendent of Documents
      - 2012-07-27T00:16:26-0400
      - US GPO, Washington, DC 20401
      - Superintendent of Documents
      - GPO attests that this document has not been altered since it was disseminated by GPO
* 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. 01-20718

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MARCIALES PENA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-01-CR-25-1

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

February 21, 2002

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Marciales Pena appeals his guilty-plea conviction for aiding

and abetting the possession with intent to distribute more than

500 grams of cocaine, in violation of 21 U.S.C.

§§ 841(b)(1)(b)(ii) and 18 U.S.C. § 2. He argues that the

district court erred in denying his motion for a downward

departure based on his status as a deportable alien. Because the

record indicates that the district court recognized its authority

to depart downward based on Pena’s status as a deportable alien

but determined that a downward departure was not warranted based

on the facts of the case, we lack jurisdiction to review the
No. 01-20718

-2-

district court’s decision. See United States v. Brace, 145 F.3d

247, 263 (5th Cir. 1998)(en banc).

APPEAL DISMISSED.
**Exhibit 32.2**

** **

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of Advanced Accessory Systems, LLC (the “Company”) on Form10-Q for the period ending September 30, 2003 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Barry G. Steele,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) or15(d) of the Securities Exchange Act of 1934; and

 

(2) The information contained in the Report fairly presents, in allmaterial respects, the financial condition and result of operations of theCompany.

 

 
|    /s/  Barry G. Steele |   |
|----------------------------------------|--------|
| Barry G. Steele                        |   |
| Controller                             |   |
| November 12, 2003                      |   |

 

1

----
<PAGE>

                                                                  Exhibit 99(d)


                                                                  March 27, 2002


Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C.  20549


     Arthur Andersen LLP has represented to us that the audit of Kansas Gas and
Electric Company for the year ended December 31, 2001, was subject to Arthur
Andersen's quality control system for the U.S. accounting and auditing practice
to provide reasonable assurance that the engagement was conducted in compliance
with professional standards and that there was appropriate continuity of Arthur
Andersen personnel working on audits and availability of national office
consultation, and the availability of personnel at foreign affiliates of Arthur
Andersen to conduct the relevant portions of the audit.


                                       KANSAS GAS AND ELECTRIC COMPANY


Date:     March 27, 2002               By:           /s/  PAUL R. GEIST
      ------------------------             -------------------------------------
                                                       Paul R. Geist
                                                   Senior Vice President
                                                       and Treasurer