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#### VERNECO, INC., et al. v. FIDELITY & CASUALTY COMPANY OF NEW YORK.

No. 49189.

Supreme Court of Louisiana.

April 19, 1968.

In re: Verneco, Inc., and Roy O. Martin Retirement Trust applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Rapides. 207 So. 2d 828.

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.
<PAGE>   1
                                                                   EXHIBIT 11.1
                                        
                            PAGEMART WIRELESS, INC.
                    COMPUTATION OF PER SHARE EARNINGS (LOSS)

<TABLE>
<CAPTION>
                                                            THREE MONTHS ENDED SEPTEMBER 30, 1997
                                                          ---------------------------------------
                                                             NUMBER       PERCENT      EQUIVALENT
                                                           OF SHARES    OUTSTANDING      SHARES
                                                          -----------   -----------   -----------
COMMON STOCK
<S>                                                         <C>          <C>         <C>      
   From Founders' Stock                                     2,300,000     100.00%       2,300,000
   Stock Options Exercised                                    702,486      95.45%         670,519
   Preferred Stock Converted to Common Stock               15,310,943     100.00%      15,310,943
   1994 Common Stock Offerings                             11,242,857     100.00%      11,242,857
   1995 Common Stock Offerings                              4,323,874     100.00%       4,323,874
   1996 Common Stock Offering                               6,000,000     100.00%       6,000,000
   Employee Stock Purchase Plan Shares Issued                  58,431     100.00%          58,431
   1997 Warrants Exercised                                     48,300     100.00%          48,300
                                                           ----------                  ----------
                                                           39,986,891                  39,954,924

WEIGHTED AVERAGE SHARES OUTSTANDING                                                    39,954,924

NET LOSS                                                                             ($10,600,389)


NET LOSS PER SHARE                                                                         ($0.27)
                                                                                     ============
</TABLE>
Page No. £ ee
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#### In the Matter of John McGoey et al., Petitioners, v Joseph Holland, as Commissioner of New York State Division of Housing and Community Renewal, et al., Respondents.

[656 NYS2d 910]

Proceeding pursuant to CPLR article 78 to review a determination of the Deputy Commissioner of the New York *524State Division of Housing and Community Renewal, dated July 5, 1995, which, *inter alia,*revoked, *ab initio,*the rent increases that had been granted to the petitioners by the District Rent Administrator.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Contrary to the petitioners’ contention, the finding by the Administrative Law Judge that the petitioners did not complete the major capital improvements listed in the New York State Division of Housing and Community Renewal (hereinafter DHCR) Notice of Proposed Order and Determination was supported by ample testimonial evidence. Further, the DHCR could have reasonably and rationally found that the petitioners misrepresented that they had completed their major capital improvements when they were initially awarded the rent increases. The investigation by the DHCR made pursuant to complaints by tenants and a former housing revitalization official found the improvements made by the petitioners to be very limited and of unworkmanlike quality. Based on this finding, it was reasonable for the DHCR to revoke the prior rent increase award *(cf., Matter of Ansonia Residents Assn. v New York State Div. of Hous. & Community Renewal,*75 NY2d 206, 213; *Matter of Wesley Ave. Assocs. v New York State Div. of Hous. & Community Renewal,*206 AD2d 378, 379).

The petitioners also claim that they were penalized by the DHCR’s negligent file-keeping which "apparently] * * * lost or misplaced” certain documents that would provide evidence that they completed the work required of them. This claim is belied by the petitioners’ own witness, who indicated that documents that would demonstrate that certain renovation work had been done, i.e., a contract between the contractor and the petitioners, or receipts evidencing payments to the contractor or for materials related to the renovation work, were never submitted. In sum, the Commissioner’s determination was supported by substantial evidence.

The petititioners’ remaining contentions are without merit. Thompson, J. P., Pizzuto, Joy and Luciano, JJ., concur.
#### William J. PEENO, Appellant, v. Dorothy PEENO, Appellee.

No. 73-22.

District Court of Appeal of Florida, Second District.

July 18, 1973.

PER CURIAM.

Affirmed.
- Pages from 33973538v1
- Pages from 33973538v1ch06
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 hereby certifies, in his capacity as an officer of Diedrich Coffee, Inc. (the Company), for purposes of 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of his knowledge:



| |  |  | the Quarterly Report on Form 10-Q for the period ended March 3, 2010 (the Report) fully complies with the requirements of
Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended; and
| | - |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| |  |  | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.
| | - |  | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |                                      
|--------------------- |  | -------------------------------------
|Dated: April 19, 2010 |  | /s/ Sean M. McCarthy                 
|                      |  | Sean M. McCarthy                     
|                      |  | President and Chief Financial Officer

Note: A signed
original of this written statement required by Section 906 has been provided to Diedrich Coffee, Inc. and will be retained by Diedrich Coffee, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 32.1

                                 CERTIFICATION
                                      OF
                              PSB HOLDINGS, INC.
                UNDER SECTION 906 OF SARBANES-OXLEY ACT OF 2002


      The undersigned Chief Executive Officer and Chief Financial Officer of
PSB Holdings, Inc. (the "Company") certify pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that (1) the quarterly
report on Form 10-Q of the Company for the quarterly period ended September 30,
2003 (the "Report") fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, 15 U.S.C. 78m or 78o(d), and (2)
the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operation of the Company.

      Date: November 12, 2003

                                           DAVID K. KOPPERUD
                                           David K. Kopperud
                                           President and CEO


                                           SCOTT M. CATTANACH
                                           Scott M. Cattanach
                                           Treasurer
                                           (Chief Financial Officer)


      A signed original of this written statement required by Section 906 has
      been provided to PSB Holdings, Inc. and will be retained by PSB Holdings,
      Inc. and furnished to the Securities and Exchange Commission or its staff
      upon request.
<TABLE> <S> <C>

<ARTICLE> 9
<CIK> 0000757262
<NAME> FNB BANKING COMPANY

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                      13,578,133
<INT-BEARING-DEPOSITS>                     140,398,591
<FED-FUNDS-SOLD>                             8,197,365
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 12,681,186
<INVESTMENTS-CARRYING>                       9,392,953
<INVESTMENTS-MARKET>                         9,779,012
<LOANS>                                    138,472,205
<ALLOWANCE>                                  2,012,795
<TOTAL-ASSETS>                             192,818,583
<DEPOSITS>                                 167,717,568
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                          1,681,568
<LONG-TERM>                                  2,039,683
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       807,800
<OTHER-SE>                                  20,571,722
<TOTAL-LIABILITIES-AND-EQUITY>             192,818,583
<INTEREST-LOAN>                             14,904,480
<INTEREST-INVEST>                            1,436,650
<INTEREST-OTHER>                               206,824
<INTEREST-TOTAL>                            16,547,954
<INTEREST-DEPOSIT>                           5,479,025
<INTEREST-EXPENSE>                           5,870,326
<INTEREST-INCOME-NET>                        9,959,178
<LOAN-LOSSES>                                  718,450
<SECURITIES-GAINS>                               8,171
<EXPENSE-OTHER>                              7,945,488
<INCOME-PRETAX>                              4,272,414
<INCOME-PRE-EXTRAORDINARY>                   4,272,414
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,826,735
<EPS-PRIMARY>                                     3.50
<EPS-DILUTED>                                        0
<YIELD-ACTUAL>                                    6.57
<LOANS-NON>                                  2,538,000
<LOANS-PAST>                                   340,000
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                             1,422,603
<CHARGE-OFFS>                                  394,245
<RECOVERIES>                                   265,987
<ALLOWANCE-CLOSE>                            2,012,795
<ALLOWANCE-DOMESTIC>                         2,012,795
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
Exhibit 32.1



906 CERTIFICATION



The undersigned certify pursuant to 18 U.S.C. § 1350 as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that:



(1)
        The accompanying Minn-Dak Farmers Cooperative Quarterly Report on Form 10-Q for the period ended February 29, 2008, 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 accompanying Report fairly presents, in all material respects, the financial condition and results of operations of the Company.






Date:
        April 14, 2008
        
        /s/ David H. RochePresident andChief Executive Officer




/s/ Steven M. CaspersExecutive Vice President andChief Financial Officer






---
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---

EXHIBIT 32.1

CERTIFICATION PURSUANT TO18 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 Smart-Tek Solutions
Inc. (the Company) on Form 10-Q for the period ended December 31, 2008, as
filed with the Securities and Exchange Commission on the date hereof (the
Report), the undersigned, President, Chief Executive Officer and Chief
Financial Officer hereby certifies, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 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.

Date: February 23, 2009

/s/ Perry LawPerry LawPresident, Chief
Executive Officer and Chief Financial Officer

---
#### Alpha L. HUNT and Elizabeth S. Hunt, his wife, Appellants, v. Shellie E. McKINNEY, as Tax Collector for Alachua County, Florida; J. Pierce Smith, as Tax Assessor for Alachua County, Florida, Appellees.

No. P-70.

District Court of Appeal of Florida, First District.

Nov. 9, 1971.

PER CURIAM.

Affirmed.
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#### Rodney CRABTREE and Curtis Cooper, Petitioners, v. Dave STARR, Sheriff, Respondent.

No. 71-153.

District Court of Appeal of Florida, Fourth District.

March 5, 1971.

Habeas corpus denied.