alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                EXHIBIT NO. 11

COMPUTATION OF EARNINGS PER COMMON SHARE
FABRI-CENTERS OF AMERICA, INC.
(THOUSANDS OF DOLLARS, EXCEPT SHARE AND PER SHARE DATA)


<TABLE>
<CAPTION>
                                                   THIRTEEN WEEKS ENDED    
                                              ------------------------------
                                                 MAY 3,         APRIL 27,  
                                                  1997            1996
----------------------------------------------------------------------------

<S>                                           <C>               <C>
PRIMARY EARNINGS PER SHARE:

Net earnings                                  $      2,608      $      1,070
                                              ============      ============

Weighted average shares of common stock
  outstanding during the period                 18,024,303        18,268,965
Incremental shares from assumed exercise
  of stock options - primary                     1,207,417           541,043
                                              ------------      ------------
                                                19,231,720        18,810,008
                                              ============      ============
Net earnings per common share - primary       $       0.14      $       0.06
                                              ============      ============

EARNINGS PER SHARE ASSUMING FULL DILUTION:

Net earnings                                  $      2,608      $      1,070
Interest expense applicable to 6 1/4%
  convertible subordinated debentures,
  net of tax                                           556               556
                                              ------------      ------------
Net earnings                                  $      3,164      $      1,626
                                              ============      ============

Weighted average shares of common stock
  outstanding during period                     18,024,303        18,268,965
Incremental shares from assumed exercise
  of stock options - fully diluted               1,456,162           561,575
Incremental shares from assumed conversion
  of 6 1/4% convertible subordinated
  debentures                                     2,337,764         2,337,764
                                              ------------      ------------
                                                21,818,229        21,168,304
                                              ============      ============
Net earnings per common share assuming
  full dilution                               $       0.15(a)   $       0.08(a)
                                              ============      ============

<FN>
-----------
(a) This calculation is submitted in accordance with Regulation S-K Item
    601(b)(11) although it is contrary to paragraph 40 of APB Opinion No. 15,
    because it produces an anti-dilutive result.
</TABLE>



                                    Page 31
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 1 7

- 51026 Summary Calendar

TATE CLARK,

Plaintiff

- Appellant

v.
SOUTHWEST AIRLINES COMPANY,

Defendant

- Appellee

Appeal from the United States District Court for the Western District of Texas USDC No. 1:16

- CV

- 910

Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges

. PER CURIAM: * Plaintiff

- Appellant Tate Clark appeals the di strict court’s grant of

summary judgment dismissing with prejudice his retaliation action against his former employer, Defendant

- Appellee Southwest Airlines Company. At the time that Southwest fired Clark from his job as a customer service agent, he had been taking time off from work under the FMLA because of chronic migraine headaches. The parties do not dispute that Clark was engaged in a

* 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 April 18, 2018 Lyle W. Cayce Clerk Case: 17-51026 Document: 00514435330 Page: 1 Date Filed: 04/18/2018No. 17

- 51026

2 protected activity and that his firing by Southwest was a materially ad verse action against him. T hey do not agree , however, that there was a causal link between Clark’s protected activity and Southwest’s adverse action in firing him, even though for years he had never been denied FMLA leave. Southwest contends that Clark’s termination had nothing to do with his FMLA absences,
but was based solely on Clark’s comments to a co

- worker that he wished he could order a black trench coat so that he could bring his shotgun to work, a
vi olation of Southwest’s Zero Tole rance Workplace Violence Policy

. We have reviewed the briefs of the parties and Clark’s record excerpts, including the district court’s detailed and extensive O c tober 26, 2017 Order , fully and accurately explicating (1) the background of this case, (2) its framework under the FMLA, (3) Clark’s prima facie ca se of retaliation, (4) Southwest’s reasons, unrelated to the FMLA, for firing Clark, and (5) Clark’s failure to establish pretext in the reasons given by Southwest despite the proximity between his last FMLA absence and the date he was fired. Regardless o f the cogent and highly professional argument advanced in the brief filed herein by Clark’s counsel , we are satisfied beyond cavi l that the district court properly dismissed Clark’s action with prejudice for essentially the reasons set forth in its above s aid Order.

AFFIRMED. Case: 17-51026 Document: 00514435330 Page: 2 Date Filed: 04/18/2018
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, James Wemett, Acting President, and Chief Executive Officer, of
NaturalNano, Inc. (the “Company”) certifies, under the standards set forth and
solely for the purposes of 18 U.S.C. 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, that, to the best of our knowledge, the Annual
Report on Form 10-K of the Company for the year ended December 31, 2009 fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and information contained in that Form 10-K fairly
presents, in all material respects, the financial condition
and  results  of operations of the Company.





Dated:  April
9, 2010




/s/ James WemettJames
      WemettActing
      President and Chief Executive Officer(Principal
      Executive Officer)




A signed
original of this written statement required by Section 906 has been provided to
the Company and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request.
<PAGE>   1
                                                                   EXHIBIT 10.14


                     THIRD AMENDMENT TO THE O'CHARLEY'S INC.
                            1990 EMPLOYEE STOCK PLAN


         1.       The first paragraph of Section 3 is deleted in its entirety
                  and amended to read as follows:

                  "3. Stock Subject to Plan. The total number of shares of Stock
         reserved and available for distribution under the Plan shall be
         2,650,000 shares; provided, however, that no person shall be eligible
         after March 25, 1996 to receive awards pursuant to the Plan to purchase
         in excess of 100,000 shares of Common Stock in any one year period."

         2.       The third paragraph of Section 3 is deleted in its entirety
                  and amended to read as follows:

                  In the event of any merger, reorganization, consolidation,
         recapitalization, Stock dividend, Stock split or other change in
         corporate structure affecting the Stock, such substitution or
         adjustment shall be made in the aggregate number of shares reserved for
         issuance under the Plan, in the maximum number of shares a participant
         may be eligible to purchase pursuant to awards under the Plan during a
         one year period, in the number and option price of shares subject to
         outstanding Options granted under the Plan, in the number and purchase
         price of shares subject to outstanding Stock Purchase Rights under the
         Plan, and in the number of shares subject to other outstanding awards
         granted under the Plan as may be determined to be appropriate by the
         Committee, in its sole discretion, provided that the number of shares
         subject to any award shall always be a whole number. Such adjusted
         option price shall also be used to determine the amount payable by the
         Company upon the exercise of any Stock Appreciation Right associated
         with any Stock Option.
<PAGE>


                                                                   Exhibit 23




                          INDEPENDENT AUDITORS' CONSENT


The Board of Directors
O'Charley's Inc.

We consent to incorporation by reference in the registration statements (No.
33-39872, No. 33-51316, No. 33-51258, No. 33-83172, No. 33-69934, No. 333-63495,
and No. 333-59484 on Form S-8 and No. 333-103287 on Form S-3) of O'Charley's
Inc. of our report dated February 5, 2003, relating to the consolidated balance
sheets of O'Charley's Inc. and subsidiaries as of December 29, 2002 and December
30, 2001, and the related consolidated statements of earnings, shareholders'
equity and comprehensive income, and cash flows for each of the years in the
three-year period ended December 29, 2002, which report appears in the December
29, 2002 annual report on Form 10-K of O'Charley's Inc. Our report refers to a
change in method of accounting for goodwill and other intangible assets in 2002.



/s/ KPMG LLP

Nashville, Tennessee
March 10, 2003
<PAGE>
                                  EXHIBIT 21
                          SUBSIDIARIES OF THE COMPANY

Air Travel Services, Inc. - Tennessee
O'Charley's Sports Bar, Inc. - Alabama
OCI, Inc. - Delaware
DFI, Inc. - Tennessee
O'Charley's Management Company, Inc. - Tennessee
O'Charley's Restaurant Properties, LLC - Delaware
O'Charley's Service Company, Inc. - Tennessee
Stoney River Management Company, Inc. - Delaware
Stoney River Legendary Management, L.P. - Georgia
OPI, Inc. - Colorado
O'Charley's Finance Company, Inc. - Tennessee
#### STUCKEY AND SPEER, INC., Plaintiff-Appellee, v. ALLEN STATE BANK et al., Defendants-Appellants.

No. 3085.

Court of Appeal of Louisiana, Third Circuit.

May 14, 1970.

Rehearing Denied June 16, 1970.

Alfred Ray Ryder, Oberlin, and John P. Navarre, Oakdale, for defendants-appellants.

Mitchel M. Evans, DeRidder, for plaintiff-appellee.

Before TATE, FRUGÉ and SAVOY, JJ-

*618SAVOY, Judge.

This suit was filed by plaintiff against defendant seeking a money judgment in the sum of $5,136.85 together with interest from judicial demand, and for all costs.

For a cause of action, plaintiff alleges that it obtained a judgment against James H. Welch for the sum stated hereinabove; that on March 12, 1968, Welch and defendant herein entered into an act of assignment wherein defendant assumed all obligations of Welch, including the judgment which plaintiff had obtained against Welch; and, accordingly, defendant is indebted to plaintiff for the full amount of the judgment.

Defendant filed an answer alleging its agent was not authorized to sign the act of assignment, and, alternatively, that defendant did not obligate itself to pay the indebtedness of Welch. By separate petition defendant, Allen State Bank, made Welch a third party defendant, praying that it recover against Welch any judgment which might be rendered against it.

After a trial in the district court, the district judge rendered judgment against defendant as prayed for and granted defendant, Allen State Bank, judgment against Welch on its third party demand. Defendant, Allen State Bank, appeals.

The pertinent portion of the act of assignment dated March 12, 1968, states:

> “Said parties herein stating that James H. Welch transfers all rights, claims or cause of action that he possesses in the business and property now or formerly owned by George I. Gilbert known as ‘Cummings, the Jeweler’, and in return his indebtedness as previously stated owed to Allen State Bank is cancelled and erased.”

Counsel for plaintiff alleges in his petition and in oral argument that he depends solely on this portion of the agreement for recovery against defendant, and does not rely on the Bulk Sales Act.

We find nothing in the agreement wherein Allen State Bank obligated itself to assume any obligations of Welch. Welch transferred all assets h,e owned to Allen State Bank in consideration of their relieving him of any indebtedness they had against him, namely a claim for $27,389.94.

For the reasons assigned the judgment of the district court is reversed and set aside, and judgment is hereby rendered in favor of Allen State Bank and against plaintiff, dismissing its suit.

It is further ordered that judgment in favor of Allen State Bank and against James H. Welch is hereby reversed and set aside and judgment is hereby rendered in favor of James H. Welch and against Allen State Bank, dismissing its third party demand.

Plaintiff to pay all costs except those involving the third party demand. As to the third party demand, the costs are assessed against Allen State Bank.

Reversed and rendered.

On Application for Rehearing.

En Banc. Rehearing denied.

MILLER, J., recused.
Exhibit 32.01

                            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 on Form 10-Q of Di Giorgio  Corporation
(the "Company") for the quarterly  period ended September 27, 2003June 28, 2003,
as filed with the  Securities  and Exchange  Commission  on the date hereof (the
"Report"),  Richard B. Neff,  as Chief  Executive  Officer of the  Company,  and
Lawrence S. Grossman,  as Chief  Financial  Officer of the Company,  each hereby
certifies,  pursuant to 18 U.S.C.  ss.1350, as adopted pursuant to ss.906 of the
Sarbanes-Oxley Act of 2002, that:

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

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


/s/ Richard B. Neff
-----------------------------
Richard B. Neff
Chief Executive Officer
November 5, 2003


/s/ Lawrence S. Grossman
--------------------------
Lawrence S. Grossman
Chief Financial Officer
November 5, 2003


This certification accompanies each Report pursuant to ss.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 ss.18
of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
#### David BULLARD, Appellant, v. STATE of Florida, Appellee.

No. 2548.

District Court of Appeal of Florida, Fourth District.

March 30, 1970.

Appeal from Court of Record, Brevard County; Joe A. Cowart, Jr., Judge.

Appeal dismissed.
<PAGE>

EXHIBIT 11
                                          
                                          
                                 DBA SYSTEMS, INC.
                      COMPUTATION OF EARNINGS (LOSS) PER SHARE
                    (IN THOUSANDS, EXCEPT PER SHARE INFORMATION)
                                    (UNAUDITED)
                                          
                                          
<TABLE>                                          
<CAPTION>                                                                     

                                                          Three Months             Six Months 
                                                             Ended                    Ended
                                                           December 31             December 31
                                                        -----------------        ----------------
                                                        1997         1996        1997        1996
                                                        ----         ----        ----        ----
                                                      (Restated)              (Restated)
<S>                                                   <C>          <C>        <C>           <C>
Net income (loss). . . . . . . . . . . . . . . (A)    $ (2,659)    $   372     $(6,475)     $  695

Weighted average shares outstanding. . . . . . (B)       4,427       4,474       4,425       4,479
Incremental shares - stock options . . . . . . .            77          47          53          34
                                                      --------     -------     -------      ------
Total. . . . . . . . . . . . . . . . . . . . . (C)       4,504       4,521       4,478       4,513



Basic Earnings (loss)  per Share . . . . . . (A/B)    $   (.60)    $   .08     $ (1.46)     $ .16 
                                                      --------     -------     -------      ------


Diluted Earnings (loss)  per Share . . . . . (A/C)    $   (.60)    $   .08     $ (1.46)     $ .15 
                                                      --------     -------     -------      ------

</TABLE>


                                                                             19
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in
Registration Statement Nos. 333-58684, 333-45638, 333-66065, 333-72288, 333-81430, 333-103639, 333-115076 and 333-132532 on Form S-8 and Registration Statement No. 333-70624 on Form S-3 of our report dated April 11, 2007 (which report
includes an explanatory paragraph relating to an accounting change), relating to the consolidated financial statements of Restoration Hardware Inc. and subsidiaries and managements report on internal control over financial reporting, appearing
in this Annual Report on Form 10-K of Restoration Hardware Inc. and subsidiaries for the fiscal year ended February 3, 2007.



|                         
|-------------------------
|/s/ DELOITTE & TOUCHE LLP
|San Francisco, California
|April 11, 2007
* 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. 

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-10832 Conference Calendar UNITED STATES OF AMERICA Plaintiff-Appellee v. BARRY K BARNETT Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:01-CR-62-ALL Before KING, STEWART, and PRADO, Circuit Judges. PER CURIAM: * Appealing the Judgment in a Criminal Case, Barry K. Barnett raises arguments that are foreclosed by United Statesv. Hinson, 429 F.3d 114, 119 (5th Cir. 2005), which held that a defendant is not entitled toajury trial todetermine whether the terms ofsupervised release have been violated. The Government’s motion for summary affirmance is GRANTED, and thejudgment of the district court is AFFIRMED. United States Court of Appeals Fifth Circuit 

### F I L E D March 5, 2008 Charles R. Fulbruge III ClerkNo. 07-10832

2
#### Jimmie Ray BROWN, Appellant, v. STATE of Florida, Appellee.

No. T-291.

District Court of Appeal of Florida, First District.

Jan. 15, 1974.

PER CURIAM.

Affirmed.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED STATEMENTS OF FINANCIAL CONDITION OF REGISTRANT AS OF SEPTEMBER 30,
1998 (UNAUDITED) AND THE CONSOLIDATED STATEMENTS OF OPERATIONS OF
REGISTRANT FOR THE NINE MONTH PERIOD ENDED SEPTEMBER 30, 1998 (UNAUDITED) AND 
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                         403,000
<SECURITIES>                                27,234,000
<RECEIVABLES>                               11,521,000
<ALLOWANCES>                                    43,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                       1,522,000
<DEPRECIATION>                                 932,000
<TOTAL-ASSETS>                              43,294,000
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     7,835,000
<OTHER-SE>                                  24,056,000
<TOTAL-LIABILITY-AND-EQUITY>                43,294,000
<SALES>                                     15,017,000
<TOTAL-REVENUES>                            26,086,000
<CGS>                                       14,221,000
<TOTAL-COSTS>                               18,235,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                               120,000
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              7,851,000
<INCOME-TAX>                                 2,013,000
<INCOME-CONTINUING>                          5,788,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 5,788,000
<EPS-PRIMARY>                                      .74
<EPS-DILUTED>                                      .73
        

</TABLE>
11 TH COURT OF APPEALS

EASTLAND

, TEXAS

JUDGMENT

Allie Jaramillo

, * From the County Court at Law

of Ector County,

Trial Court No. CCL

- 22937

.

No. 11

- 2 3

- 00 1 17

- C V * July 11 , 202 4

C ity of Odessa Animal Control, * Memorandum Opinion by Trotter, J.

(P anel consists of: Bailey , C.J.,

Trotter, J., and Williams, J.)

This court has inspected the record in this cause and concludes that there is no

error in the order below. Therefore, in accordance with this court ’ s opi nion, the

order of the tr ia l court is in all things affirmed.