alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18
- 1685

GLENN MYER , Plaintiff

- Appellant ,

v. BRUCE D. WHITE; BRETT KASSABIAN; GRACE BURKE CARROLL; J. GALLAHUE; MARK JUDGE , Defendants

- Appellees , and MARK SIMMONS; LISA MAYNE; JANE DOES, at the District C ourt Protective Order department; CHRISTOPHER BARR; JOSH SILVER; OMAR MERCEDES; JACOB POPE; CONNOR DELGADO , Defendants

.

Appeal from the United States District Court for the Eastern District of Virginia , at Alexandria

. Anthony John Trenga , District Judge. ( 1:18

- cv
- 00545

- AJT

- JFA )

Submitted : August 23 , 2018 Decided: August 27, 2018

Before DUNCAN and FLOYD , Circuit Judges , and HAMILTON , Senior Circuit Judge

.
Dismissed in part, affirmed in part by un published per curiam opinion

.2 Glenn Myer, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.3 PER CURIAM: Glenn Myer appeals the district court’s orde rs denying his motion s for injunctive relief, dismissing his 42 U.S.C. § 1983 (2012) action , and denying reconsideration. To the extent that Myer seeks to appeal the denial of his request for a temporary restraining order, we are without jurisdiction to consider his appeal. See Virginia v. Tenneco, Inc. , 538 F.2d 1026, 1029

- 30 (4 th Cir. 1976). For the remainder of Myer’s claims, w e have reviewed the record and find no reversible error. Accordingly, we grant leave to proceed in forma pauperis and affirm for the reason s stated by the district court. Myer v. White , No. 1:18

- cv
- 00545

- AJT

- JFA (E.D. Va. May 21, 2018 & June 8, 2018) . We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would no t aid the decisional process.

DISMISSED IN PART;

AFFIRMED IN PART
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE JOHNSTON
INDUSTRIES, INC. AND SUBSIDIARIES FINANCIAL STATEMENTS AS OF SEPTEMBER 30, 1995
AND FOR THE NINE MONTHS THEN ENDED AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED> 
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1995
<CASH>                                       2,810,000
<SECURITIES>                                         0
<RECEIVABLES>                               44,073,000
<ALLOWANCES>                                 1,300,000
<INVENTORY>                                 51,816,000
<CURRENT-ASSETS>                           116,105,000
<PP&E>                                     198,977,000
<DEPRECIATION>                              82,944,000
<TOTAL-ASSETS>                             240,108,000
<CURRENT-LIABILITIES>                       51,076,000
<BONDS>                                     87,758,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     1,243,000
<OTHER-SE>                                  59,300,000
<TOTAL-LIABILITY-AND-EQUITY>               240,108,000
<SALES>                                    250,202,000
<TOTAL-REVENUES>                           250,202,000
<CGS>                                      205,947,000
<TOTAL-COSTS>                              205,947,000
<OTHER-EXPENSES>                            12,618,000
<LOSS-PROVISION>                               150,000
<INTEREST-EXPENSE>                           6,158,000
<INCOME-PRETAX>                              3,955,000
<INCOME-TAX>                                 1,961,000
<INCOME-CONTINUING>                          1,394,000
<DISCONTINUED>                                 423,000
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,817,000
<EPS-PRIMARY>                                      .17
<EPS-DILUTED>                                        0
        

</TABLE>
**Exhibit 23.2**

 

**CONSENT OF INDEPENDENT ACCOUNTANTS**

 

We hereby consent to theincorporation by reference in the Registration Statements on Form S-8 (No.333-74016) and Form S-3 (No. 333-64192) of ImageWare Systems, Inc. of ourreport dated April 11, 2003 relating to the consolidated financialstatements, which appears in this Annual Report on Form 10-KSB.

 

 
|  /s/Stonefield Josephson, Inc. |   |
|-------------------------------------|--------|
| Stonefield  Josephson, Inc.         |
| Los Angeles,  CA                    |
| March 29,  2005                |

 

----
# Nov 2019
<PAGE>

                                  EXHIBIT 12

                 GEORGIA-PACIFIC CORPORATION AND SUBSIDIARIES
        STATEMENTS OF COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                                  (Unaudited)
                         (Dollar amounts in millions)
<TABLE>
<CAPTION>
                                    Three months ended      Nine Months ended
                                   ---------------------    -----------------
                                   October 2,  Sept. 30,   October 2,  Sept. 30,
                                     1999         1998        1999        1998
                                     ----         ----        ----        ----
<S>                                <C>         <C>         <C>         <C>
Fixed charges:
 Total interest costs                 $ 134        $ 115      $  354      $ 342
 One-third of rent expense                7            7          20         18
                                      -----        -----      ------      -----
Total fixed charges                     141          122         374        360
                                      -----        -----      ------      -----

Add (deduct):
 Income before income taxes,
   extraordinary item and
   accounting change                    448          142       1,210        376
 Interest capitalized,
   net of amortization                    2            2           8          8
                                      -----        -----      ------      -----
                                        450          144       1,218        384
                                      -----        -----      ------      -----
Earnings for fixed charges            $ 591        $ 266      $1,592      $ 744
                                      =====        =====      ======      =====
Ratio of earnings to fixed charges     4.19         2.18        4.26       2.07
                                      =====        =====      ======      =====
</TABLE>
##### 



CERTIFICATION PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (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 as of the dates and for the
periods expressed in the Report.
  /s/ Marshall O. LarsenName:
    Marshall O. LarsenTitle:
    Chairman, President and Chief Executive Officer/s/ Scott E. KuechleName:
    Scott E. KuechleTitle:
    Senior Vice President and Chief Financial Officer
[No. 1081-1.

Division Three.

February 28, 1972.]

#### Willie E. Walls, *Appellant,*v. The State of Washington, *Respondent.*
#### THE STATE vs. ALEXANDER PORTER.

Proof of guilty knowledge in an election officer.

The defendant was indicted for refusing a legal vote, the vote of Charles Fawcett, at the general election in 1844, in Wilmington; he being the inspector of the election.

The court charged as in M’Donald’s case, ante 555.

The jury, after being out all night, came into court and proposed the following questions, in writing:—

Is it incumbent on the prosecution to adduce *positive evidence*that the defendant acted from a corrupt motive? or what precisely is the nature of the evidence that the prosecution must bring to prove the corrupt motive?

*557It also appears that some of the jurors argue, and cannot come to a verdict, from the fact that they see proper to connect with the defendant, the judges’ concurrence, or a majority of them, with the defendant, in his rejection of the vote; what influence on the minds of the jury ought such concurrence to have?

Also, has it been proved before the court and jury, that J. W. Duncan concurred in the rejection of said vote.

*Bradford,*dep. att’y. gen’l. for the State.

*Rogers, jr.,*for defendant.

*By the*Court.

—The matters referred to, in the note from the jury, are rather within their own province to decide upon, than that of the court; but we may, perhaps, properly make some suggestions in reply to your communication.

What we understand the jury to mean by positive proof of corruption, is not possible in a direct sense, for the motives of a man’s conduct, and the impulses of his heart, cannot be the subject of direct positive proof; but there must be proof so clear, or positive, as to pi’oduce conviction, of acts; or declarations, or circumstances, from which the jury can, and indeed, have to, draw the inference of corruption. It is difficult to define corruption; but we may say, that it,is the wilfully and corruptly doing an act, or omitting a duty, which a person acting in a public capacity, *knoios*it to be his duty to do, or omit; in disregard of his official duty, and the obligations of his oath.

As to the connection of other persons in such violations of duty, where the corruption is proved, their participation can be no shelter or excuse for the defendant; but their consent to the act may be regarded in considering the probability of the defendant’s corruption.

As to the fact whether all the judges concurred in rejecting this vote; it is for the jury, not for us, to say, whether it was proved. Our note of Mr. Cleland’s testimony, is, that he said *we,*meaning himself and Mr. Duncan, the judges of the election, were satisfied to reject the vote.

The jury came in again at about 8 o’clock, P. M., and stated that they had riot agreed, and probably never would agree, they having been out about twenty-seven hours, and no nearer together than when they first retired. Whereupon, a juror was withdrawn, and they were discharged.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 9
<LEGEND>
This schedule contains financial information extracted from the consolidated
financial statements of NS&L Bancorp, Inc. for the year ended September 30,
1998 and is qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                      10,383,000
<INT-BEARING-DEPOSITS>                         674,000
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    204,000
<INVESTMENTS-CARRYING>                      12,888,000
<INVESTMENTS-MARKET>                        13,273,000
<LOANS>                                     37,506,000
<ALLOWANCE>                                     52,000
<TOTAL-ASSETS>                              63,367,000
<DEPOSITS>                                  47,944,000
<SHORT-TERM>                                   305,000
<LIABILITIES-OTHER>                            726,000
<LONG-TERM>                                  3,986,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         9,000
<OTHER-SE>                                           0
<TOTAL-LIABILITIES-AND-EQUITY>              10,405,000
<INTEREST-LOAN>                              2,695,000
<INTEREST-INVEST>                              986,000
<INTEREST-OTHER>                               372,000
<INTEREST-TOTAL>                             4,053,000
<INTEREST-DEPOSIT>                           2,057,000
<INTEREST-EXPENSE>                           2,150,000
<INTEREST-INCOME-NET>                        1,903,000
<LOAN-LOSSES>                                    8,000
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                              1,601,000
<INCOME-PRETAX>                                718,000
<INCOME-PRE-EXTRAORDINARY>                     454,000
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   454,000
<EPS-PRIMARY>                                      .79
<EPS-DILUTED>                                      .77
<YIELD-ACTUAL>                                    2.38
<LOANS-NON>                                         21
<LOANS-PAST>                                    45,000
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                44,000
<CHARGE-OFFS>                                    8,000
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                               52,000
<ALLOWANCE-DOMESTIC>                            52,000
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           7,068
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                      3,578
<CURRENT-ASSETS>                                10,646
<PP&E>                                          75,185
<DEPRECIATION>                                  15,358
<TOTAL-ASSETS>                                  71,632
<CURRENT-LIABILITIES>                           44,769
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        12,960
<OTHER-SE>                                      13,903
<TOTAL-LIABILITY-AND-EQUITY>                    71,632
<SALES>                                        121,184
<TOTAL-REVENUES>                               121,184
<CGS>                                           23,867
<TOTAL-COSTS>                                   23,867
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 977
<INCOME-PRETAX>                              (103,083)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (103,083)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (103,083)
<EPS-PRIMARY>                                    (.04)
<EPS-DILUTED>                                        0
        

</TABLE>
#### Roosevelt TOLAR, Petitioner, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Respondent.

No. 70-655.

District Court of Appeal of Florida, Fourth District.

Jan. 21, 1971.

Habeas corpus denied.
#### CRAIG and SERGEANT *vs.*WILLIAM RUSSEL.

It is the practice to admit sworn copies of book entries where plaintiff resides out of the state, instead of the books themselves.

If either party intend to require production of the books, he should give notice to the other.

Assumpsit.

The plaintiffs were merchants in the city of Philadelphia, and the action was on a book account, for goods sold. At the trial a copy of the account, taken from the book of original entries with the affidavit of plaintiffs, taken before an alderman of that city, that it was a true copy, was offered in evidence. Some conversation arose at the bar as to the general practice in reference to this kind of evidence; and,

*Wootten,*for plaintiff.

*Brinckloe*and *Ridgely,*for defendant.

*The Court*

said the true course of practice was, as it would be extremely inconvenient, if the production of the boobs themselves was always insisted on, to admit these sworn copies by consent unless either party wished, for some special reason, to see the books; in which case, timely notice should be given to the counsel of the other party, that the production of the books would be required. The copy offered in evidence ought to be sworn to be a true copy of the book entries; and not merely a proved account.

The evidence was admitted, by consent.
# MAS building samples for computerized pricing

Offerors who use computerized pricing software instead of a commercial price list must submit pricing samples for the four sample building specifications listed below. 

## Building sample 1

### Overview

### Building loads

## Building sample 2

### Overview

### Building loads

 

## Building sample 3

### Overview

### Building loads

 

## Building sample 4

### Overview

### Building loads

## Tell us what you think

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<PAGE>   1


                                                                     EXHIBIT 11

         FRESENIUS NATIONAL MEDICAL CARE HOLDINGS, INC. AND SUBSIDIARIES
  WEIGHTED AVERAGE NUMBER OF SHARES AND EARNINGS USED IN PER SHARE COMPUTATION
                        (DOLLARS AND SHARES IN THOUSANDS)


<TABLE>

<CAPTION>
                                                   SUCCESSOR         PREDECESSOR
                                                 ------------        -----------
                                                 THREE MONTHS        NINE MONTHS
                                                     ENDED              ENDED
                                                   MARCH 31,          MARCH 31,
                                                     1996               1996
                                                 ------------        -----------
<S>                                                <C>                  <C>   
The weighted average number of shares
  of Common Stock were as follows                  90,000               97,888
                                                   ======               ======

</TABLE>

Income used in the computation of earnings 
  per share were as follows:

<TABLE>
<CAPTION>
                                                   SUCCESSOR         PREDECESSOR
                                                 ------------        -----------
                                                 THREE MONTHS        NINE MONTHS
                                                     ENDED              ENDED
                                                   MARCH 31,          MARCH 31,
                                                     1996               1996
                                                 ------------        -----------
<S>                                                <C>                  <C>   
Net Income                                         $6,637              $26,445

Dividends paid on preferred stocks                   (130)                (131)
                                                   ------              -------

Income used in per share computation
  of earnings                                      $6,507              $26,314
                                                   ======              =======

Earnings per share                                 $ 0.07              $  0.27
                                                   ======              =======


</TABLE>

                                     -24-
EXHIBIT 32.1

                             CERTIFICATION PURSUANT
                TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)

                                     BY THE
               CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER


         In connection with the Annual Report of LION, Inc., a Washington
corporation (the "Company"), on Form 10-KSB for the fiscal year ended December
31, 2006 as filed with the Securities and Exchange Commission (the "Report"),
each of Randall D. Miles, Chief Executive Officer, and Steve Thomson, Chief
Financial Officer, of the Company, hereby certifies pursuant to ss.906 of the
Sarbanes-Oxley Act of 2002 (18 U.S.C. ss.1350), that to his knowledge:

(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.




CHIEF EXECUTIVE OFFICER                 CHIEF FINANCIAL OFFICER


/s/ Randall D. Miles                   /s/ Steve Thomson
---------------------------------      ---------------------------------
Randall D. Miles                       Steve Thomson

March 30, 2007                         March 30, 2007
---------------------------------      ---------------------------------
Exhibit 32.1

Certification

I, Frank A. Lodzinski, certify that:

In connection with the Quarterly Report on Form 10-Q of GeoResources, Inc. (the Company) for the period ended March 31, 2009, as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Frank A. Lodzinski, Chief Executive Officer of the Company, 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, as amended; 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/ Frank A. LodzinskiFrank A. LodzinskiChief Executive OfficerMay 8, 2009




37