alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
 
                                                                      EXHIBIT 11


                      LANDRY'S SEAFOOD RESTAURANTS, INC.

        STATEMENT REGARDING COMPUTATION OF EARNINGS PER SHARE - DILUTED

<TABLE> 
<CAPTION>
                                                                       Year End December 31,
                                                                  ------------------------------
                                                                  1997         1996         1995
                                                                  ----         ----         ----
<S>                                                            <C>            <C>          <C>
Net Income............................................         $27,430,044  $ 1,505,573  $11,047,682
                                                               ===========  ===========  ===========
 
Weighted Average Common Shares Outstanding............          25,518,000   23,360,000   19,051,000
 
Common Stock Equivalents -- Stock Options
 (Diluted).........................................              1,082,000      740,000      249,000
                                                               -----------  -----------  -----------
 
Weighted Average Common and Common Equivalent
 Shares Outstanding -- (Diluted)...................             26,600,000   24,100,000   19,300,000
                                                               ===========  ===========  =========== 
 
Net Income Per Share -- (Diluted)..................                  $1.03        $0.06        $0.57
                                                                     =====        =====        =====
</TABLE>
APPENDIX L 

WinHaze Images 

(Baseline, 2018 and Natural 

Conditions)

F-1
Sipsey Wilderness, AL 

2000-04 Baseline

187.3 Mm-1

2018 Projected

110.5 Mm-1

F-2
2064 Natural Conditions

30.3 Mm-1

F-3
<PAGE>

                                                                Exhibit 23.2

                      CONSENT OF INDEPENDENT ACCOUNTANTS
                           FOR TYECIN SYSTEMS, INC.

We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (No. 333-47133 and No. 333-58353) and Form S-8 (No.
33-67994, No. 33-67996, No. 33-89490, No. 33-89492, No. 33-98820, No. 333-09481,
No. 333-36983, No. 333-60439 and No. 333-62993) of Manugistics Group, Inc. of
our report dated March 6, 1998, except as to Note 11, which is as of June 1,
1998, related to the consolidated financial statements of TYECIN Systems, Inc.
(not presented separately therein) which appears on page F-2 of this Annual
Report on Form 10-K.

/s/ PricewaterhouseCoopers LLP
PricewaterhouseCoopers LLP
San Jose, California
June 10, 1999
# C_2010209EN.01003602.xml

| 31.7.2010 | EN | Official Journal of the European Union | C 209/36 |
| --- | --- | --- | --- |

31.7.2010

EN

Official Journal of the European Union

C 209/36

---

Judgment of the General Court of 15 June 2010 — X Technology Swiss v OHIM (Orange colouring of the toe of a sock)

(Case T-547/08) (1)

1

(Community trade mark - Application for a Community trade mark - Orange colouring of the toe of a sock - Absolute ground for refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))

2010/C 209/54

Language of the case: German

Parties

Parties

Applicant: X Technology Swiss GmbH (Wollerau, Switzerland) (represented by: A. Herbertz and R. Jung, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: C. Jenewein and G. Schneider, Agents)

Defendant:

Re:

Re:

Action brought against decision R 846/2008-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 6 October 2008 relating to an application to register the sign consisting of the orange colouring of the toe of a sock as a Community trade mark.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders X Technology Swiss GmbH to pay the costs. |
| --- | --- |

2.

Orders X Technology Swiss GmbH to pay the costs.

---

(1)  OJ C 55, 7.3.2009.

1

---
# C_2008116EN.01003403.xml

| 9.5.2008 | EN | Official Journal of the European Union | C 116/34 |
| --- | --- | --- | --- |

9.5.2008

EN

Official Journal of the European Union

C 116/34

---

Action brought on 25 February 2008 — Buendía Sierra v Commission

(Case F-26/08)

(2008/C 116/67)

Language of the case: French

Parties

Applicant: José Luis Buendía Sierra (Brussels, Belgium) (represented by: M. van der Woude, lawyer)

Applicant:

Defendant: Commission of the European Communities

Defendant:

The subject-matter and description of the proceedings

Annulment of the decision of 11 April 2007 in so far as it awards the applicant a single additional priority point in the 2003 Promotion procedure, making a total of two priority points and a grand total of 21 points and implicitly refusing his promotion in the 2003 Promotion procedure, and an order that the defendant pay compensation.

Form of order sought

| — | Annul the decision of 11 April 2007 in so far as it awards the applicant a single additional priority point in the 2003 Promotion procedure, making a total of two priority points and a grand total of 21 points and implicitly refusing his promotion in the 2003 Promotion procedure, and order the defendant to pay compensation; |
| --- | --- |

—

Annul the decision of 11 April 2007 in so far as it awards the applicant a single additional priority point in the 2003 Promotion procedure, making a total of two priority points and a grand total of 21 points and implicitly refusing his promotion in the 2003 Promotion procedure, and order the defendant to pay compensation;

| — | order the defendant to pay damages of EUR 5 000; |
| --- | --- |

—

order the defendant to pay damages of EUR 5 000;

| — | order the Commission of the European Communities to pay the costs. |
| --- | --- |

—

order the Commission of the European Communities to pay the costs.

---
<PAGE>

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 iPayment, Inc. ("the Company") on
Form 10-Q for the period ended March 31, 2005 (the "Report"), I Gregory S.
Daily, Chief Executive Officer of the Company, do hereby certify, pursuant to 18
U.S.C. section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:

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

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

This Certification is executed as of May 6, 2005.

                                          /s/ GREGORY S. DAILY
                                          --------------------------------------
                                          GREGORY S. DAILY
                                          CHAIRMAN AND CHIEF EXECUTIVE OFFICER
PRELIMINARY TECHNICAL SUPPORT DOCUMENT (TSD):

ENERGY EFFICIENCY PROGRAM FOR COMMERCIAL AND 

INDUSTRIAL EQUIPMENT:

DISTRIBUTION TRANSFORMERS

March 2011

U.S. Department of Energy

Assistant Secretary

Office of Energy Efficiency and Renewable Energy

Building Technologies Program

Appliances and Commercial Equipment Standards

Washington, DC 20585
This Document was prepared for the Department of Energy

by staff members of

Navigant Consulting, Inc.,

and

Lawrence Berkeley National Laboratory
**Judgment of the Court of First Instance (Eighth Chamber) of 13 May 2009 – Schuhpark Fascies v OHIM – Leder & Schuh (jello
SCHUHPARK)**

**(Case T-183/08)**

Community trade mark – Opposition proceedings – Application for Community figurative and word mark jello SCHUHPARK – Earlier national word mark Schuhpark – Relative ground for refusal – Proof of use of earlier mark – Article 43(2) of Regulation (EC) No 40/94

Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark (Council Regulation No 40/94, Art. 43(2) and (3)) (see paras 20-24)

**Re:**

| | |
| --- | --- |
| | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 13 March 2008 (Case R 1560/2006-4), concerning opposition proceedings between Schuhpark Fascies GmbH and Leder & Schuh AG. |

**Information relating to the case**

| | |
| --- | --- |
| Applicant for the Community trade mark: | Leder & Schuh AG |
| Community trade mark sought: | Word and figurative mark jello SCHUHPARK for goods in Classes 1, 3, 9, 14, 16, 18, 21, 24 to 26 and 28 – Application No 1269372 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Schuhpark Fascies GmbH |
| Mark or sign cited in opposition: | German word mark Schuhpark for goods in Class 25 and, in that respect, the opposition was directed against registration in Classes 18, 21, 25 and 26 |
| Decision of the Opposition Division: | Opposition upheld in part and application for registration rejected in part |
| Decision of the Board of Appeal: | Annulment of the appealed decision and rejection of the opposition |

**Operative part**

The Court:

1.      Dismisses the action;

2.      Orders Schuhpark Fascies GmbH to pay the costs.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
THE CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATIONS
FOUND IN THE COMPANY'S 10-Q FOR THE YEAR-TO-DATE, AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED> 
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   6-MOS                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1998             JUN-30-1998
<PERIOD-END>                               DEC-31-1997             SEP-30-1997
<CASH>                                      18,093,801              22,522,476
<SECURITIES>                                         0                       0
<RECEIVABLES>                               11,345,160               9,872,214
<ALLOWANCES>                                 (477,053)               (418,718)
<INVENTORY>                                  8,635,353               8,337,202
<CURRENT-ASSETS>                            41,209,703              42,151,197
<PP&E>                                       6,232,878               5,398,947
<DEPRECIATION>                               2,597,031               2,392,984
<TOTAL-ASSETS>                              66,629,027              62,943,664
<CURRENT-LIABILITIES>                        8,597,754               9,724,085
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                    47,039,262              44,484,288
<OTHER-SE>                                  10,992,011               8,735,291
<TOTAL-LIABILITY-AND-EQUITY>                66,629,027              62,943,664
<SALES>                                     34,741,648              16,362,509
<TOTAL-REVENUES>                            34,741,648              16,362,509
<CGS>                                       15,261,910               6,999,721
<TOTAL-COSTS>                               27,504,095              12,689,152
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                               171,486                 130,853
<INTEREST-EXPENSE>                              95,067                  46,613
<INCOME-PRETAX>                              7,710,300               3,911,418
<INCOME-TAX>                                 3,123,500               1,584,000
<INCOME-CONTINUING>                          7,710,300               3,911,418
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                 4,586,800               2,327,418
<EPS-PRIMARY>                                     0.83                    0.43
<EPS-DILUTED>                                     0.76                    0.39
        

</TABLE>
EXHIBIT 99.1

STATEMENT UNDER SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned officers of Bogen Communications International, Inc. (the "Company") hereby certify that, as of the date of this statement, the Company's annual report on Form 10-K for
the year ended December 31, 2002 (the "Report") fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934 and that information contained in the Report
fairly presents, in all material respects, the financial condition and results of the Company as of and for the year ended December 31, 2002.

The
purpose of this statement is solely to comply with Title 18, Chapter 63, Section 1350 of the United States Code, as amended by Section 906 of the Sarbanes-Oxley Act of
2002. This statement is not "filed" for the purposes of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liabilities of that Act or any other federal or state law
or regulation.

| |  | Date: March 6, 2003 | /s/JONATHAN GUSSName: Jonathan Guss
Title: Chief Executive Officer           |  | 
| |  | ------------------- | ---------------------------------------------------------------------------- |  | 
| |  | Date: March 6, 2003 | /s/MAUREEN A. FLOTARDName: Maureen A. Flotard
Title: Chief Financial Officer |  | 

---

QuickLinks
#### The People of the State of New York, Respondent, v Rex L. Gaskin, Appellant.

— Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered on May 3, 1989, convicting defendant of attempted burglary in the third degree and sentencing defendant as a predicate felon to an indeterminate term of imprisonment of from 1 *Vi*to 3 years, unanimously affirmed.

Application by appellant’s counsel to withdraw as counsel is granted. *(See, Anders v California,*386 US 738; *People v Saunders,*52 AD2d 833.) We have reviewed this record and agree with appellant’s assigned counsel that there are no non-frivolous points which could be raised on this appeal.

Pursuant to CPL 460.20, defendant has the right to apply *732for leave to appeal to the Court of Appeals by making application to the Chief Judge of that court and by submitting such application to the Clerk of that court or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within thirty (30) days after service of a copy of this order, with notice of entry.

Denial of the application for permission to appeal by the Judge or Justice first applied to is final and no new application may thereafter be made to any other Judge or Justice. Concur — Milonas, J. P., Rosenberger, Kassal and Rubin, JJ.
**EXHIBIT 31.1**

 

**CERTIFICATION**

** **

I, William M. Caldwell, IV certify that:

 

1.               I have reviewedthis Quarterly Report on Form 10-QSB of Advanced Cell Technology, Inc.;

 

2.               Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.               Based on myknowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.               The registrant’sother certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

 

a)              Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

b                 [Not applicable]

 

c)              Evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

d                 Disclosed in thisreport any change in the registrant’s internal control over financial reportingthat occurred during the registrant’s most recent fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5.               The registrant’sother certifying officer and I have disclosed, based on our most recent evaluationof internal control over financial reporting, to the registrant’s auditors andthe audit committee of the registrant’s board of directors (or personsperforming the equivalent functions):

 

a)              All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

 

b)             Any fraud, whether ornot material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

 

 
| Dated November 14, 2005 |   | /s/ William M. Caldwell, IV |
|-------------------------|--------|-----------------------------|
|                    |   |                        | William M. Caldwell, IV |
|                    |   |                        | Chief Executive Officer |

 

1
# C_2009180EN.01002202.xml

| 1.8.2009 | EN | Official Journal of the European Union | C 180/22 |
| --- | --- | --- | --- |

1.8.2009

EN

Official Journal of the European Union

C 180/22

---

Judgment of the Court (Seventh Chamber) of 18 June 2009 — Commission of the European Communities v Republic of Austria

(Case C-422/08) (1)

1

(Failure of a Member State to fulfil obligations - Directive 2004/35/EC - Environmental liability - Prevention and remedying of environmental damage - Failure to transpose within the prescribed period)

2009/C 180/37

Language of the case: German

Parties

Parties

Applicant: Commission of the European Communities (represented by: U. Wölker and B. Schöfer, acting as Agents)

Applicant:

Defendant: Republic of Austria (represented by: E. Riedl, acting as Agent)

Defendant:

Re:

Re:

Failure of a Member State to fulfil its obligations — Failure to adopt within the prescribed period the measures necessary to comply with Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ 2004 L 143, p. 56)

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary in order to transpose Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, the Republic of Austria has failed to fulfil its obligations under that directive; |
| --- | --- |

1.

Declares that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary in order to transpose Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, the Republic of Austria has failed to fulfil its obligations under that directive;

| 2. | Orders the Republic of Austria to pay the costs |
| --- | --- |

2.

Orders the Republic of Austria to pay the costs

---

(1)  OJ C 301 of 22.11.2008.

1

---
EXHIBIT
      32.2





CERTIFICATION
      PURSUANT TO THE SARBANES-OXLEY ACT


18
      U.S.C.
      SECTION 1350


AS
      ADOPTED PURSUANT TO SECTION 906


OF
      THE
      SARBANES-OXLEY ACT OF 2002





I,
      Brad
      E. Herr, Chief Financial Officer of Command Center, Inc. (the "Company") do
      hereby 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:





This
      Quarterly Report on Form 10-Q of the Company for the fiscal quarter ended
      September 26, 2008, as filed with the Securities and Exchange Commission (the
      "report"), fully complies with the requirements of Section 13(a) or 15(d) of
      the
      Securities Exchange Act of 1934; and





The
      information contained in the report fairly presents, in all material respects,
      the financial condition and results of operations of the Company.





Date:  November
      10, 2008





/s/Brad
                E. HerrBrad
                E. HerrChief
                Financial Officer


10-Q


Page
      27
Exhibit 32.1
**CERTIFICATION PURSUANT TO**SECTION 906 OF THE SARBANES -OXLEY ACT OF 2002
     In connection with the Quarterly Report of Belden & Blake Corporation (the“Company”) on Form 10-Q for the quarterly period ended September 30, 2004, asfiled with the Securities and Exchange Commission on the date hereof (the“Report”), the undersigned, in the capacities and on the dates indicated below,hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that to the knowledge of theundersigned:
1. The Report fully complies with the requirements of Section13(a) or 15(d) of the Securities Exchange Act of 1934; and 2. The information contained in the Report fairly presents, inall material respects, the financial condition and results ofoperations of the Company.   Date: November 12, 2004 /s/ Frost W. Cochran   Frost W. Cochran, Director, President and Chief Executive Officer
This certification accompanies the Form 10-Q and shall not be treated as havingbeen filed as part of the Form 10-Q.
28