alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
 
EXHIBIT 11.1

                            WILD OATS MARKETS, INC.
   Statement Regarding Computation of Pro Forma Net Income (Loss) Per Share
                                  (Unaudited)


                                                      Year Ended
                                                     December 28,
                                                         1996
                                                      -----------
<TABLE>                                     
<CAPTION>                                   
                                            
<S>                                                   <C> 
Weighted average number of common           
     shares outstanding                                 4,622,202
Common and common equivalent shares         
     issued during the twelve-month period  
     prior to the filing of the Company's   
     initial public offering calculated     
     using the treasury stock method                      267,811
                                                      -----------
                                            
Pro forma weighted average number of        
     common shares outstanding                          4,890,013
                                            
Net income (loss)                                     $(4,483,000)
                                                      ===========
                                            
Pro forma net income (loss) per share                 $     (0.92)
                                                      ===========
</TABLE>
# C_2010100EN.01001101.xml

| 17.4.2010 | EN | Official Journal of the European Union | C 100/11 |
| --- | --- | --- | --- |

17.4.2010

EN

Official Journal of the European Union

C 100/11

---

Order of the Court of 9 December 2009 — Luigi Marcuccio v European Commission

(Case C-513/08 P) (1)

1

(Appeal - Officials - Social security - Express refusal of an application for reimbursement of 100 % of certain medical expenses incurred by the official - Appeal in part manifestly inadmissible and in part manifestly unfounded)

2010/C 100/16

Language of the case: Italian

Parties

Parties

Appellant: Luigi Marcuccio (represented by: G. Cipressa, Agent)

Appellant:

Other party to the proceedings: European Commission (represented by: J. Currall, and C. Berardis-Kayser, Agents, and A. dal Ferro, avvocato)

Other party to the proceedings:

Re:

Re:

Appeal against the order of the Court of First Instance (Fourth Chamber) of 9 September 2008 in Case T-143/08 Marcuccio v Commission, by which that Court dismissed as inadmissible the application for annulment of the decisions of the Settlements Office of the Joint Sickness Insurance Scheme of the European Communities refusing to give prior authorisation for 100 % of certain medical expenses incurred by the appellant and to reimburse the cost of a medical consultation in accordance with the rules applicable to consultations of medical experts, and an application that the Commission be ordered to pay certain medical expenses

Marcuccio

Commission

Operative part of the order

Operative part of the order

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders Mr Marcuccio to pay the costs of the appeal. |
| --- | --- |

2.

Orders Mr Marcuccio to pay the costs of the appeal.

---

(1)  OJ C 32, of 07.02.2009.

1

---
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 IVI Communications, Inc.
(the "Company") on Form 10-QSB for the period ended June 30, 2005, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned certifies, 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; 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: August 22, 2005                      /s/ Nyhl Henson
                                           -------------------------
                                           Nyhl Henson, Chief Executive Officer
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 amended  Quarterly Report of Whistler  Investments,  Inc.
(the "Company") on Form 10-QSB for the quarter ended July 31, 2003 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Holly Roseberry, 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 to the best of my  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 result of  operations of the
Company.

                                                /s/ Holly Roseberry
                                                ---------------------
                                                Holly Roseberry
                                                Chief Executive Officer

  July 22, 2004
Exhibit 32.2

Certification of Chief Financial Officer

Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)

In connection with the Quarterly Report on Form 10-Q for the quarter ended September 30, 2006(the Report) of MCG Capital Corporation (the Registrant), as filed with the
Securities and Exchange Commission on the date hereof, I, Michael R. McDonnell, the Chief Financial Officer of the Registrant, hereby certify, to the best of my knowledge, 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 Registrant.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------



/s/    MICHAEL R.
MCDONNELLName: Michael R. McDonnellDate: November 6, 2006
<PAGE>

                                                                    EXHIBIT 32.2

                            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 Huntington Preferred
Capital, Inc. (the "Company") on Form 10-Q for the quarter ending June 30, 2003,
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Michael J. McMennamin, President 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; and

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


                                       /s/ Michael J. McMennamin
                                     -------------------------------------------
                                           Michael J. McMennamin, President
                                           (Chief Executive Officer)
                                           August 14, 2003


         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.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-8013

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

NORVEL LEE WOODSON, a/k/a Woody,

Defendant - Appellant.

Appeal from the United States District Court for the Southern 

District of West Virginia, at Beckley. Irene C. Berger, District 

Judge. (5:09-cr-00191-1)

Submitted: May 26, 2016 Decided: May 31, 2016

Before TRAXLER, Chief Judge, and NIEMEYER and FLOYD, Circuit 

Judges. 

Affirmed by unpublished per curiam opinion.

Norvel Lee Woodson, Appellant Pro Se. Gary L. Call, John J. Frail, 

Assistant United States Attorneys, Charleston, West Virginia, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Norvel Lee Woodson appeals the district court’s order denying 

his 18 U.S.C. § 3582(c)(2) (2012) motion for a sentence reduction. 

We have reviewed the record and find no reversible error. 

Accordingly, we affirm for the reasons stated by the district 

court. United States v. Woodson, No. 5:09-cr-00191-1 (S.D. W. Va. 

Dec. 10, 2015). We dispense with oral argument because the facts 

and legal contentions are adequately presented in the materials 

before this court and argument would not aid the decisional 

process. 

AFFIRMED
Service Agreement Amendment
                          ---------------------------

         Agreement effective January 1, 2003, by and between Penn Independent
Corporation, 420 S. York Road, Hatboro, Pennsylvania, 19040 ("PIC") and
Penn-America Group, Inc., 420 S. York Road, Hatboro, Pennsylvania, 19040
("PAGI").

         WHEREAS,  the parties hereto are parties to a Service  Agreement  dated
August  20,  1993,  as most  recently  amended  effective  January  1, 2002 (the
"Service Agreement"); and,

         WHEREAS,  the Service Agreement provides for the payment by PAGI to PIC
of a monthly expense  estimate,  which estimate  consists of PAGI's share of the
telephone,  insurance,  building  rental,  facilities  management  expenses  and
salaries  of the  Chairman of the Board,  Human  Resources  and Office  Services
personnel in connection with their services for PAGI; and,

         WHEREAS,  the  parties  to this  Amended  Service  Agreement  desire to
establish  the  amount  of the  monthly  expense  estimate  owed  by PAGI to PIC
effective January 1, 2003 through December 31, 2003;

         NOW,  THEREFORE,  in  consideration  of  the  foregoing,  the  parties,
intending  to be legally  bound,  agree that  effective  January 1, 2003 through
December  31,  2003,  PAGI  will  pay to PIC  $18,333.00  as a  monthly  expense
estimate,  which estimate  constitutes  PAGI's share of monthly expenses for the
telephone,  insurance,  building  rental,  facilities  management  expenses  and
salaries of the  Chairman of the Board,  Human  Resources,  and Office  Services
personnel.

         IN WITNESS WHEREOF,  the parties have entered into this Agreement as of
the date first above written.


PENN INDEPENDENT CORPORATION                PENN-AMERICA GROUP, INC.



BY: ____________________________            BY: ____________________________
**Exhibit 32.2**
**SECTION 1350 CERTIFICATION**
     In connection with the Quarterly Report of Huntington Preferred Capital,Inc. (the “Company”) on Form 10-Q for the quarter ending September 30, 2004, asfiled with the Securities and Exchange Commission on the date hereof (the“Report”), I, Thomas P. Reed, Vice President of the Company, certify, pursuantto 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of2002, 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 materialrespects, the financial condition and result of operations of the Company.        /s/ Thomas P. Reed      Thomas P. Reed   (chief financial officer)   November 12, 2004
28
#### The People of the State of New York, Respondent, v Albert Bieniek, Appellant.

— Judgment unanimously affirmed. Memorandum: Viewing the evidence in the light most favorable to the People, we conclude that defendant’s conviction of felony murder (Penal Law § 125.25 [3]) is supported by legally sufficient evidence *(see, People v Bleakley,*69 NY2d 490, 495). Issues of credibility are "best determined by the trier of fact who has the advantage of observing the witnesses and, necessarily, is in a superior position to judge veracity than an appellate court, which reviews but the printed record” *(People v Shedrick,*104 AD2d 263, 274, *affd*66 NY2d 1015, *rearg denied*67 NY2d 758).

The jury verdict finding defendant guilty of manslaughter in the first degree is not against the weight of the evidence *(see, People v Bleakley, supra,*at 495). The trial court did not err by refusing defendant’s request to charge manslaughter in the second degree as a lesser included offense of intentional murder because there is no reasonable view of the evidence *628that would support a finding that defendant committed the lesser, but not the greater, offense *(see,*CPL 300.50 [1], [2]; *People v Glover,*57 NY2d 61, 63). Finally, the sentence was not harsh and excessive. (Appeal from Judgment of Supreme Court, Erie County, Marshall, J. — Murder, 2nd Degree.) Present — Boomer, J. P., Pine, Balio, Lawton and Davis, JJ.
#### Sidney J. DILLON, as Trustee and President of Cooperative Trust Shares, et al., Appellants, v. SECURITIES AND EXCHANGE COMMISSION.

No. 11470.

Circuit Court of Appeals, Eighth Circuit.

Sept. 8, 1939.

George Cosson and Frank J. Comfort, both of Des Moines, Iowa, for appellants.

. Chester T. Lane and James R. Sharp, both of Washington, D. C., and G. Gale Roberson, of Chicago, Ill., for appellee.

PER CURIAM.

Appeal dismissed without costs to either party in this court, per stipulation of parties.
```

[Congressional Record Volume 158, Number 128 (Thursday, September 20, 2012)]
[Extensions of Remarks]
[Page E1580]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

    IN RECOGNITION OF THE DEDICATION OF THE ALBANIAN CULTURAL GARDEN

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                      Thursday, September 20, 2012

  Mr. KUCINICH. Mr. Speaker, I rise today in recognition of the 
dedication of the Albanian Cultural Garden, taking place on September 
22, 2012.
  The 254 acre piece of land that constitutes Rockefeller Park was 
donated to the City of Cleveland by John D. Rockefeller in 1896. The 
Cleveland Croatian Cultural Garden is a two acre piece of land within 
Rockefeller Park. The Cleveland Cultural Gardens were founded in 1926 
to create a memorial area for the diverse ethnic groups that shape the 
region, and to serve as a space for reflection on peace, cooperation 
and understanding. The Cultural Gardens are currently a collection of 
more than 30 gardens which include African-American, American Indian, 
British, Chinese, Czech, Estonian, and Slovenian gardens, among others.
  The planning and construction of the Albanian Cultural Garden started 
in 2007. Legislation sponsoring its dedication was spearheaded by 
Cleveland City Councilwoman Dona Brady. Members of the Albanian 
American Association of Cleveland, Ohio, Albanian Cultural Garden 
Committee, Jim McKnight and Kreshnik Xhiku were instrumental in 
creating the Albanian Cultural Garden.
  The dedication of the Albanian Cultural Garden will occur on 
September 22, 2012. In addition to inaugurating the Albanian Cultural 
Garden, it will also commemorate the 100th year of Albanian 
Independence and dedicate the Mother Teresa memorial statue. Special 
guests of the dedication will include Albanian President, Bujar 
Nishani; Albanian Ambassador, Gilbert Galanxhi; Mayor Baftjar Zeqaj; 
and Mary, Mariano and Christian Gannon.
  Mr. Speaker and colleagues, please join me recognition of the 
dedication of the Albanian Cultural Garden.

                          ____________________
```
**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**

|   | (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. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:    | /s/                John O’Keefe      |
|--------|--------------------------------------------|
|   | John                O’Keefe          |
|   | Chief                Executive Officer     |
|   | Principal                Executive Officer |

----
#### Morrison & Foerster, Respondent-Appellant, v First Empire Funding Corp., Appellant-Respondent.

— Order unanimously modified on the law and in the exercise of discretion and as modified affirmed without costs, in accordance with the following Memorandum: Supreme Court abused its discretion in requiring defendant to reimburse plaintiff for all future attorney’s fees and stenographic expenses as a condition of granting defendant’s cross motion to vacate the prior order of *680preclusion. The court has the ability to impose sanctions as a condition for vacating the default, but the sanctions imposed in this case are so open-ended and onerous that they will effectively deprive defendant of its ability to defend the action *(see, Mairena v Charlemagne,*102 AD2d 814; *Weinstein, Skoller & Kaye v Lynard Props.,*79 AD2d 987; *Montgomery Coal & Oil Co. v Fuss,*35 AD2d 817). Since an award of sanctions was appropriate in the circumstances of this case, we modify the court’s order to require defendant to pay plaintiff the sum of $1,000. (Appeals from Order of Supreme Court, Suffolk County, Hand, J. — Discovery.) Present — Callahan, J. P., Den-man, Green, Balio and Davis, JJ.
# C_2008313EN.01004002.xml

| 6.12.2008 | EN | Official Journal of the European Union | C 313/40 |
| --- | --- | --- | --- |

6.12.2008

EN

Official Journal of the European Union

C 313/40

---

Action brought on 29 September 2008 — EAÜ v Commission

(Case T-416/08)

(2008/C 313/73)

Language of the case: English

Parties

Applicant: Eesti Autorite Ühing (EAÜ) (Tallinn, Estonia) (represented by: M. Favart, lawyer)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

| — | Annul Article 3 of the Commission decision of 16 July 2008 relating to a proceeding under Article 81 EC and Article 53 EEA (Case COMP/C2/38.698 — CISAC); and |
| --- | --- |

—

Annul Article 3 of the Commission decision of 16 July 2008 relating to a proceeding under Article 81 EC and Article 53 EEA (Case COMP/C2/38.698 — CISAC); and

| — | Order the Commission to pay the costs. |
| --- | --- |

—

Order the Commission to pay the costs.

Pleas in law and main arguments

By means of this application the applicant seeks partial annulment pursuant to Article 230 EC of Commission Decision C(2008) 3435 final of 16 July 2008 (Case COMP/C2/38.698 — CISAC) relating to a proceeding under Article 81 EC and Article 53 EEA. Precisely, the applicant contests the Commission findings in Article 3 of the contested decision stating that territorial delineations of the reciprocal representation mandates granted by one authors' society to another constitute a concerted practice in violation of Article 81 EC and Article 53 EEA.

The pleas in law and main arguments raised by the applicant are identical to those raised by the applicant in Case T-415/08 IMRO v Commission.

---
# C_2008327EN.01002801.xml

| 20.12.2008 | EN | Official Journal of the European Union | C 327/28 |
| --- | --- | --- | --- |

20.12.2008

EN

Official Journal of the European Union

C 327/28

---

Order of the President of the Court of First Instance of 17 September 2008 — Melli Bank v Council

(Case T-332/08 R)

(Applications for interim measures - Regulation (EC) No 423/2007 - Restrictive measures against the Islamic Republic of Iran - Council decision - Measure to freeze funds and economic resources - Application for suspension of operation of a measure - No urgency - Absence of serious and irreparable damage)

(2008/C 327/52)

Language of the case: English

Parties

Applicant: Melli Bank plc (London, United Kingdom) (represented by: R. Gordon, QC, M. Hoskins, Barrister, T. Din, S. Gadhia and D. Murray, Solicitors)

Applicant:

Defendant: Council of the European Union (represented by: M. Bishop, and E. Finnegan, acting as Agents)

Defendant:

Re:

Application for suspension of the application of paragraph 4, section B, of the Annex to Council Decision 2008/475/EC of 23 June 2008 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran (OJ 2008 L 163, p. 29), in so far as Melli Bank plc is included in the list of legal persons, entities and bodies whose funds and economic resources are frozen.

Operative part of the order

| 1. | The application for interim measures is dismissed. |
| --- | --- |

1.

The application for interim measures is dismissed.

| 2. | The costs are reserved. |
| --- | --- |

2.

The costs are reserved.

---
#### In re SWEDELAND DEVELOPMENT GROUP, INC., Debtor. The RESOLUTION TRUST CORPORATION, as Conservator of Carteret Federal Savings Bank* v. SWEDELAND DEVELOPMENT GROUP, INC.; Haylex Acquisition Company; Unsecured Creditor’s Committee; First Fidelity Bank, National Association. Swedeland Development Group, Inc., Appellant.

No. 92-5552.

United States Court of Appeals, Third Circuit.

Nov. 2, 1993.

Present: SLOVTTER, Chief Judge, BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, and LEWIS, Circuit Judges.

*

 See Clerk's Order dated Feb. 5, 1993.

ORDER

A majority of the active judges having voted for rehearing in bane in the above appeal, it is

ORDERED that the Clerk of this Court vacate the panel’s opinion and judgment filed October 8,1993,1993 WL 394747, and list the above case for rehearing in banc at the convenience of the court.