alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED CONDENSED BALANCE SHEET AS OF MARCH 31, 1998 AND CONSOLIDATED
CONDENSED STATEMENT OF INCOME FOR THE THREE MONTHS ENDED MARCH 31, 1998
INCLUDED IN THE COMPANY'S FORM 10-Q, AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                          83,298
<SECURITIES>                                         0
<RECEIVABLES>                                  773,828
<ALLOWANCES>                                     9,292
<INVENTORY>                                          0
<CURRENT-ASSETS>                               956,243
<PP&E>                                         304,035
<DEPRECIATION>                                 181,677
<TOTAL-ASSETS>                               1,656,496
<CURRENT-LIABILITIES>                        1,199,067
<BONDS>                                         34,145
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       220,878
<OTHER-SE>                                      60,878
<TOTAL-LIABILITY-AND-EQUITY>                 1,656,496
<SALES>                                        280,069
<TOTAL-REVENUES>                               280,069
<CGS>                                                0
<TOTAL-COSTS>                                  268,440
<OTHER-EXPENSES>                               (1,275)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,631
<INCOME-PRETAX>                                  8,273
<INCOME-TAX>                                     4,058
<INCOME-CONTINUING>                              3,695
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,695
<EPS-PRIMARY>                                     0.08
<EPS-DILUTED>                                     0.08
        

</TABLE>
#### DORVIN-HUDDLESTON DEVELOPMENTS, INC. v. Joseph H. CONNOLLY and Alfred M. Barnes, Jr.

No. 54264.

Supreme Court of Louisiana.

Jan. 25, 1974.

In re: Dorvin-Huddleston Developments, Inc. applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Jefferson, 285 So.2d 359.

It is ordered that the writ of review issue; that the Court of Appeal send up the record in duplicate of the case; and that counsel for plaintiff and defendant be notified.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION FROM THE TEMTEX INDUSTRIES,
INC. AND SUBSIDIARIES CONSOLIDATED FINANCIAL STATEMENTS FOR THE THREE MONTHS
ENDED NOVEMBER 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          AUG-31-1998
<PERIOD-START>                             AUG-31-1997
<PERIOD-END>                               NOV-30-1997
<CASH>                                           1,137
<SECURITIES>                                         0
<RECEIVABLES>                                    6,467
<ALLOWANCES>                                       373
<INVENTORY>                                      8,644
<CURRENT-ASSETS>                                17,189
<PP&E>                                          28,872
<DEPRECIATION>                                  21,414
<TOTAL-ASSETS>                                  24,961
<CURRENT-LIABILITIES>                            6,588
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           718
<OTHER-SE>                                      15,448
<TOTAL-LIABILITY-AND-EQUITY>                    24,961
<SALES>                                         10,426
<TOTAL-REVENUES>                                10,426
<CGS>                                            7,266
<TOTAL-COSTS>                                    7,266
<OTHER-EXPENSES>                                     4
<LOSS-PROVISION>                                    57
<INTEREST-EXPENSE>                                 123
<INCOME-PRETAX>                                    642
<INCOME-TAX>                                       257
<INCOME-CONTINUING>                                385
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       385
<EPS-PRIMARY>                                      .11
<EPS-DILUTED>                                      .11
        

</TABLE>
5B-i

APPENDIX 5B. T5 MINIATURE BIPIN BASELINE BALLASTS

TABLE OF CONTENTS

5B.1 INTRODUCTION .........................................................................................................5B-1

5B.2 METHODOLOGY AND RESULTS ............................................................................5B-1

LIST OF TABLES

Table 5B.1 Baseline and EL1 Units for 2-Lamp 4-Foot T5 MiniBP PS Ballasts .....................5B-1

 
5B-1

APPENDIX 5B. T5 MINIATURE BIPIN BASELINE BALLASTS

5B.1 INTRODUCTION

Most T5 ballasts are efficient electronic ballasts. However, during interviews, several 

manufacturers expressed concern that less efficient T5 ballasts may enter the U.S. market if no 

standard is put into place for these products. Because the U.S. Department of Energy (DOE) 

believes that consumers will purchase inefficient 4-foot T5 ballasts if such ballasts are brought to 

market, DOE developed models of inefficient 4-foot T5 standard output (SO) and high output 

(HO) ballasts as baselines for the SO and HO T5 representative ballast types, respectively. This 

appendix details the development of those models. 

5B.2 METHODOLOGY AND RESULTS

To determine the ballast luminous efficiency (BLE) of an inefficient T5 ballast, DOE 

analyzed the percentage difference in BLE for 4-foot medium bipin (MBP) programmed start 

(PS) systems with similar input powers to the T5 system under investigation. As described in 

chapter 5 of the TSD, DOE believes ballasts that operate similar total lamp powers can achieve 

the same efficiency. DOE compared a 2-lamp 4-foot MBP PS ballast at the baseline level with a 

more efficient replacement that had the same ballast factor. DOE found that the baseline MBP 

PS ballast was 6.5 percent less efficient than the ballast that met the next most efficient 

efficiency level (EL). To calculate the efficiency of the theoretical inefficient baseline unit, DOE 

applied the 6.5 percent reduction to the BLE required by the EL1 efficiency equation for PS 

ballasts (this was the efficiency level met by the least efficient T5 ballasts that are currently 

commercially available). DOE believed the baseline ballast would operate the same total lamp 

arc power (same ballast factor), and used this assumption to calculate the appropriate input 

power for the baseline unit. DOE found the results to be consistent with tested values for PS 

ballasts that operate four 4-foot MBP lamps. The table below shows the baseline and EL1 

characteristics for both T5 representative ballast types. 

Table 5B.1 Baseline and EL1 Units for 2-Lamp 4-Foot T5 MiniBP PS Ballasts 

Efficiency 

Level

For 

Operation Of

Ballast Type

Starting 

Method

Input Voltage

(V)

Ballast 

Factor

Input Power

(W) 

Ballast 

Efficiency

(%) 

Baseline 2 F28T5 Lamps Electronic PS 277 1.01 67.3 82.8

EL1 2 F28T5 Lamps Electronic PS 277 1.01 63.2 88.7

Baseline 2 F54T5HO Lamps Electronic PS 277 0.95 122.3 84.2

EL1 2 F54T5HO Lamps Electronic PS 277 0.95 113.0 90.6
#### Charles ROSS, Appellant, v. The STATE of Florida, Appellee.

No. 73-1227.

District Court of Appeal of Florida, Third District.

March 19, 1974.

Charles Ross, in pro per.

Robert L. Shevin, Atty. Gen., for ap-pellee.

Before PEARSON, HENDRY and HAVERFIELD, JJ.

PER CURIAM.

This court, proceeding in the manner Court of the United States in Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 18 L.Ed.2d 493, having deferred ruling on a motion of the public defender to withdraw as counsel for the indigent defendant-appellant, and having furnished appellant with a copy of the public defender’s memorandum brief, and having allowed the appellant a reasonable specified time within which to raise any points that he chose in support of his appeal, and the appellant having failed to respond thereto, on consideration thereof upon full examination of the proceedings, we conclude that the appeal is wholly frivolous. Whereupon, the public defender’s said motion to withdraw is granted, and the order or judgment appealed is hereby affirmed.
<PAGE>

                                  EXHIBIT 23.1


                         CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in this Annual Report (Form 10-KSB)
of Cascade Bancorp of our report dated January 24, 1997, included in the 1996
Annual Report to Shareholders of Cascade Bancorp.

We also consent to the incorporation by reference in the Registration Statement
(Form S-8) pertaining to the Cascade Bancorp Incentive Stock Option Plan of our
report dated January 24, 1997, with respect to the consolidated financial
statements of Cascade Bancorp incorporated by reference in the Annual Report
(Form 10-KSB) for the year ended December 31, 1996.


SYMONDS, EVANS & LARSON, P.C.

Portland, Oregon
March 20, 1997
Exhibit 32



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 Delhaize America, Inc. (the Company) on Form 10-Q for the quarter ended October 2, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Form
10-Q), we, Pierre-Olivier Beckers and Carol M. Herndon, Chief Executive Officer and Chief Accounting Officer, respectively, of the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant section 906 of the Sarbanes-Oxley Act of
2002, that to the best of our knowledge:



| | (i) | the Form 10-Q fully complies with the requirements of section 13(a) or section 15(d) of the Securities Exchange Act of 1934; and
| | --- | --------------------------------------------------------------------------------------------------------------------------------



| | (ii) | the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and result of operations of the Company.
| | ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------



|                          |  |                              
|------------------------- |  | -----------------------------
|Dated: November 16, 2004. |  |                              
|                          | 
|                          |  | /s/    Pierre-Olivier Beckers
|                          |  | Pierre-Olivier Beckers       
|                          |  | Chief Executive Officer      
|                          | 
|                          |  | /s/    Carol M. Herndon      
|                          |  | Carol M. Herndon             
|                          |  | Chief Accounting 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.
#### Bland’s Administrator *versus*Umstead.

1. All contracts are interpreted with reference to their subject-matter; and therefore a contract to perform certain duties growing out of an existing relation ceases to be binding when the relation ceases.

2. Where adjoining land-owners make an agreement relative to the duty of each in maintaining a partition fence, and one of them dies, his administrator is not bound by the contract for any future repairs.

Error to the Common Pleas of *Berks county.*

This suit was commenced by Umstead against the administrator of Eland before a justice of the peace, and carried by appeal into Court, where the plaintiff got a judgment for $7.28, and the defendant brought this writ of error.

Bland and Umstead were adjoining owners of land, and in 1844 they entered into a written agreement under seal, for the maintenance of a partition fence, each agreeing to maintain a specified half. In 1851 the part which Bland had contracted to keep up was swept away by a flood in the river Schuylkill, and, he being dead, Umstead gave notice to his administrators to restore it, which they neglected to do, and Umstead did it himself, and claimed to charge them for the expense.

The defendants offered to prove that before the repairs became necessary, Bland had died, and his land had been sold and conveyed to others, and that his estate had been fully settled up and distributed. The overruling of this offer involved the whole principle of the case.

*Banks,*for the plaintiff in errror,

argued that the contract was intended only to settle the duties of the parties while they were conterminous proprietors, and referred to 7 *Harris*227; 1 *Devereux*16.

*Strong,*contó,

argued' that the contract- was personal and abso-. *317lute and survived against the administrators: 1 *M. & W.*419 ; 10 *Ad. & E.*42; *Cro. Jac.*523; *Cro. Eliz.*552; *Comyn on L. & T.*270, 275.

The opinion of the Court was delivered *by*

Lowrie, J.

We think that the principles which governed in the cases of Dickinson *v.*Callahan, 19 *State Rep.*227, and Quain’s Appeal, 22 *Id.*510, rule this case in favor of the defendant below. Neither of the parties binds his executor or administrator in the covenant; and if he had attempted it, we do not see very well how he could have succeeded. If the administrator is bound now, he must be hound in all time to come; but the law does not profess to keep up the representation of a dead man’s estate longer than is necessary to settle it.

Besides this, all contracts must he construed with reference to their subject-matter, and a contract defining an existing relation can have no operation when that relation ceases, for its foundation is gone. This is a contract intended to regulate the relation of adjoining owners, and it is involved in its very nature that it cannot last longer than the relation. We see no word indicating that it was for any other purpose, and we should misapply it entirely if we should treat it as a rule of duty for persons not standing in the contemplated relation.

Judgment reversed and a new trial awarded.
#### UTICA MUTUAL INSURANCE COMPANY, Petitioner, v. BIRDSONG MOTORS, INC., Respondent.

No. 73-857.

District Court of Appeal of Florida, Second District.

Dec. 19, 1973.

PER CURIAM.

Certiorari denied.
#### Robert WHITE, Appellant, v. The STATE of Florida, Appellee.

No. 0-44.

District Court of Appeal of Florida, First District.

Feb. 18, 1971.

Rehearing Denied March 9, 1971.

Richard W. Ervin, III, Public Defender, for appellant.

Earl Faircloth, Atty. Gen. and Wallace E. Allbritton, Asst. Atty. Gen., for appel-lee.

PER CURIAM.

This cause having been orally argued before the Court, the briefs and record on appeal having been read and given full consideration, and the appellant having failed to demonstrate reversible error, the judgment of the lower court appealed from herein is affirmed. See State v. Young, 217 So.2d 567 (Fla. 1968).

WIGGINTON, Acting C. J., and CARROLL, DONALD K., and RAWLS, JJ„ concur.
| Area Code/County                    | Count |
|-------------------------------------|-------|
| 304  West Virginia                  | 12074 |
| 681  West Virginia                  | 149   |
| Barbour West Virginia               | 327   |
| Berkeley West Virginia              | 1025  |
| Boone West Virginia                 | 86    |
| Braxton West Virginia               | 111   |
| Brooke West Virginia                | 200   |
| Cabell West Virginia                | 600   |
| Calhoun West Virginia               | 30    |
| Clay West Virginia                  | 35    |
| Doddridge West Virginia             | 16    |
| Fayette West Virginia               | 222   |
| Gilmer West Virginia                | 26    |
| Grant West Virginia                 | 124   |
| Greenbrier West Virginia            | 308   |
| Hampshire West Virginia             | 268   |
| Hancock West Virginia               | 656   |
| Hardy West Virginia                 | 44    |
| Harrison West Virginia              | 1265  |
| Jackson West Virginia               | 237   |
| Jefferson West Virginia             | 685   |
| Kanawha West Virginia               | 1842  |
| Lewis West Virginia                 | 141   |
| Lincoln West Virginia               | 57    |
| Logan West Virginia                 | 122   |
| Marion West Virginia                | 481   |
| Marshall West Virginia              | 465   |
| Mason West Virginia                 | 183   |
| McDowell West Virginia              | 57    |
| Mercer West Virginia                | 484   |
| Mineral West Virginia               | 210   |
| Mingo West Virginia                 | 79    |
| Monongalia West Virginia            | 1019  |
| Monroe West Virginia                | 54    |
| Morgan West Virginia                | 162   |
| Nicholas West Virginia              | 171   |
| No Zip Code Reported, West Virginia | 41    |
| Ohio West Virginia                  | 510   |
| Pendleton West Virginia             | 13    |
| Pleasants West Virginia             | 31    |
| Pocahontas West Virginia            | 48    |
| Preston West Virginia               | 264   |
| Putnam West Virginia                | 459   |
| Raleigh West Virginia               | 662   |
| Randolph West Virginia              | 280   |
| Ritchie West Virginia               | 28    |
| Roane West Virginia                 | 117   |
| Summers West Virginia               | 92    |
| Taylor West Virginia                | 61    |
| Tucker West Virginia                | 41    |
| Tyler West Virginia                 | 58    |
| Upshur West Virginia                | 184   |
| Wayne West Virginia                 | 267   |
| Webster West Virginia               | 20    |
| Wetzel West Virginia                | 78    |
| Wirt West Virginia                  | 26    |
| Wood West Virginia                  | 1388  |
| Wyoming West Virginia               | 55    |
Prepared by MERRILL CORPORATION




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EXHIBIT 10.2    
  


AMENDMENT NUMBER TWO TO

ADAM.COM, INC.

AMENDED AND RESTATED 1992 STOCK OPTION PLAN  


    
The Amended and Restated 1992 Stock Option Plan of adam.com, Inc. is hereby amended as follows: 



    Section 3
of the Plan, entitled "Shares Subject to Option," shall be amended by deleting the first sentence of such Section 3 and substituting the following new sentence
therefor: 



    'An
aggregate of 4,500,000 Shares shall be reserved for use under this Plan.' 




    All
other provisions of the Plan shall continue in full force and effect, and the foregoing amendment shall be effective on the date that such amendment is approved by the Company's
shareholders. 










QuickLinks



EXHIBIT 10.2
<TABLE> <S> <C>

<ARTICLE>                     5
 
<LEGEND>  THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
          FROM THE CONSOLIDATED BALANCE SHEETS AT  DECEMBER 31, 1996.
          THE CONSOLIDATED INCOME STATEMENTS, THE CONSOLIDATED STATEMENTS
          OF CASH FLOW AND THE RELATED NOTES FOR THE YEAR THEN ENDED, AND
          IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
          STATEMENTS.
</LEGEND>
<MULTIPLIER>                  1,000
       
<S>                                          <C>
<PERIOD-TYPE>                                  12-MOS
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-START>                                 JAN-01-1996
<PERIOD-END>                                   DEC-31-1996
<CASH>                                         18,486
<SECURITIES>                                        0
<RECEIVABLES>                                  17,931
<ALLOWANCES>                                     (750)
<INVENTORY>                                    10,710
<CURRENT-ASSETS>                               50,890
<PP&E>                                          7,861
<DEPRECIATION>                                 (5,002)
<TOTAL-ASSETS>                                 54,843
<CURRENT-LIABILITIES>                          15,825
<BONDS>                                             0
<COMMON>                                           76
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<OTHER-SE>                                     38,942
<TOTAL-LIABILITY-AND-EQUITY>                   54,843
<SALES>                                        96,847
<TOTAL-REVENUES>                               96,847
<CGS>                                          66,147
<TOTAL-COSTS>                                  66,147
<OTHER-EXPENSES>                               32,601
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                                  0
<INCOME-PRETAX>                                (1,647)
<INCOME-TAX>                                     (484)
<INCOME-CONTINUING>                            (1,163)
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                   (1,163)
<EPS-PRIMARY>                                    0.15
<EPS-DILUTED>                                    0.15
 
        

</TABLE>