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

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM (A) THE
COMPANY'S CONSOLIDATED BALANCE SHEET AT JULY 31, 1997, AND CONSOLIDATED
STATEMENT OF OPERATIONS FOR THE YEAR THEN ENDED AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH (B) FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUL-31-1997
<PERIOD-END>                               JUL-31-1997
<CASH>                                      11,788,000
<SECURITIES>                                         0
<RECEIVABLES>                               16,218,000<F1>
<ALLOWANCES>                                         0
<INVENTORY>                                 12,996,000
<CURRENT-ASSETS>                            43,016,000
<PP&E>                                      12,822,000<F2>
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              84,690,000
<CURRENT-LIABILITIES>                       17,236,000
<BONDS>                                     61,521,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        71,000<F3>
<OTHER-SE>                                   4,030,000
<TOTAL-LIABILITY-AND-EQUITY>                84,690,000
<SALES>                                    115,034,000
<TOTAL-REVENUES>                                     0
<CGS>                                       44,870,000
<TOTAL-COSTS>                              108,630,000
<OTHER-EXPENSES>                                29,000<F4>
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           6,813,000
<INCOME-PRETAX>                              (418,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (438,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (438,000)
<EPS-PRIMARY>                                    (.07)
<EPS-DILUTED>                                        0
<FN>
<F1>Accounts receivable net of allowance for doubtful accounts.
<F2>Property, plant and equipment net of accumulated depreciation.
<F3>As of November 4, 1996, both Class A and Class B common stock were reclassified
as one class of Common Stock.
<F4>Includes $20,000 related to reorganization items.
</FN>
        

</TABLE>
p. 1 

# OAR Box 1828 Prepped by Ollie Stewart



### Document

Number: 

# 267 ) ll-K - (I ) -8 0 Docket Number: 

# A-83-2 7

Printed 11/12/200811:12:57

AM Sheet 267 of 325P. 2 

# y\ \ Pl m 

# = o II-K-(I)-8 0

REPOR T O N TH E 198 0 MANUFACTURING INDUSTRIE S CONSUMPTIO N STUD YAND SURVE YO F LARG E COMBUSTOR S DOE/Energ y

Informatio n Administratio n Januar y 198 3 THI S INFORMATION

CA N B E FOUND I

N DOCKE T A-79-02 , ITE

M .II-K-(I)-8'c T
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 05-3062

___________

United States of America, *

*

Plaintiff - Appellee, *

* Appeal from the United States

v. * District Court for the Western

* District of Missouri.

Matthew Andrew Key, * 

* [UNPUBLISHED]

Defendant - Appellant. *

___________

 Submitted: February 15, 2006

 Filed: March 31, 2006

___________

Before RILEY, HEANEY, and MELLOY, Circuit Judges.

___________

PER CURIAM.

Matthew Andrew Key pled guilty to possession with intent to distribute

cocaine base, in violation of 21 U.S.C. § 841(a)(1). He received a sentence of 262

months and brought a timely appeal of his sentence. Following oral argument, Key

filed a motion for remand, alleging that the trial court committed plain error when it

found him to be a career offender for purposes of United States Sentencing

Guidelines § 4B1.1. In response, the government conceded that one of the

convictions used to qualify Key as a career offender, his 1997 Missouri conviction
-2-

for Trafficking Drugs, Second Degree, does not satisfy the requirements of U.S.S.G.

§ 4B1.2(b). Therefore, Key does not have “at least two prior felony convictions of

either a crime of violence or a controlled substance offense,” and Key does not

qualify as a career offender for purposes of U.S.S.G. § 4B1.1.

Accordingly, we vacate Key’s sentence and remand for resentencing. 

______________________________
** **

** **

 

 

 

 

**Exhibit 32.1**

****CERTIFICATION PURSUANT TO

18. U.S.C. SECTION1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the AnnualReport of Parkway Properties, Inc. (the "Company") on Form 10-K forthe annual period ended December 31, 2008 as filed with the Securities andExchange Commission on the date hereof (the "Report"), I, Steven G.Rogers, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002, that, to myknowledge:

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

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

|   | /s/ Steven G. Rogers                            |
|--------|-------------------------------------------------|
|   | Steven G. Rogers (*)                            |
|   | President, Chief Executive Officer and Director |
|   | March 6, 2009                                   |

 

 

 

 

*A signed original of thiswritten statement required by Section 906 has been provided to ParkwayProperties, Inc. and will be retained by the Company and furnished to theSecurities and Exchange Commission or its staff upon request.
Exhibit 99.1







CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002,

18 U.S.C. SECTION 1350

I, Bruce J. Klatsky, Chairman and Chief Executive Officer of Phillips-Van Heusen Corporation (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 for the quarterly period ended August 3, 2003 (the "Periodic Report") fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. Section 78m or 78o(d)); and

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

|Dated: September 15, 2003 | /s/ Bruce J. Klatsky
|------------------------- | --------------------

Bruce J. Klatsky

Chairman and Chief

Executive Officer
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-8298

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

 v. 

GRADY LASSITER, JR., 

 Defendant - Appellant. 

Appeal from the United States District Court for the Eastern 

District of Virginia, at Norfolk. Henry Coke Morgan, Jr., 

Senior District Judge. (2:01-cr-00154-HCM-1) 

Submitted: February 19, 2009 Decided: February 26, 2009 

Before WILKINSON, DUNCAN, and AGEE, Circuit Judges. 

Affirmed by unpublished per curiam opinion. 

Grady Lassiter, Jr., Appellant Pro Se. Raymond Edward Patricco, 

Jr., Assistant United States Attorney, Alexandria, Virginia, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Grady Lassiter, Jr., appeals the district court’s 

order denying his petition for a writ of audita querela. We 

have reviewed the record and find no reversible error. 

Accordingly, we affirm for the reasons stated by the district 

court. United States v. Lassiter, No. 2:01-cr-00154-HCM-1 (E.D. 

Va. Sept. 30, 2008). We dispense with oral argument because the 

facts and legal contentions are adequately presented in the 

materials before the court and argument would not aid the 

decisional process. 

AFFIRMED
#### Frank G. BENAVIDEZ, Appellant, v. The STATE of Texas, Appellee.

No. 28634.

Court of Criminal Appeals of Texas.

Nov. 28, 1956.

Roy A. Scott, Walter E. Chastain, Corpus Christi, for appellant.

Leon B. Douglas, State’s Atty., Austin, for the State.

DAVIDSON, Judge.

This is a conviction for unlawfully possessing marijuana, with punishment assessed at seven years in the penitentiary.

Police officers apprehended appellant sitting in the cab of his truck while parked upon a street in the city of Galveston.

A search of the truck revealed a quantity of marijuana cigarettes, some on the front seat and on the floor board and others under the. seat.

In his brief, appellant very frankly and properly admits that the error there relied upon for a reversal of the conviction was the admission in evidence of the cigarettes found in the truck, because such evidence was obtained as the result of an unreasonable arrest and search of the automobile.

Were it not for the fact that appellant waived any objection to the testimony, a serious question might be presented.

Appellant testified as a witness and contended that the cigarettes had been placed in the truck by another without his knowledge and consent.

By his own testimony, then, appellant put in evidence the very fact to which he was objecting — which was that marijuana cigarettes were found in his truck. One cannot complain of the intro*775duction of testimony when he testifies to the same fact. Johnson v. State, 118 Tex.Cr.R. 293, 42 S.W.2d 421; Salinas v. State, 159 Tex.Cr.R. 619, 266 S.W.2d 388; Clough v. State, 161 Tex.Cr.R. 454, 278 S.W.2d 847.

The judgment is affirmed.
* Pursuant to 5 TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4.

## IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-20382 Summary Calendar UNITED STATES OF AMERICA Petitioner-Appellee v. MARK E. BATTON Respondent-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:07-MC-27 Before HIGGINBOTHAM, STEWART, and OWEN, Circuit Judges. PER CURIAM: * 

### Having reviewed the district court’s order, the parties’ briefs, and the record, we find no reversible error. Accordingly, we AFFIRM. United States Court of Appeals Fifth Circuit 

## F I L E D February 26, 2008 Charles R. Fulbruge III Clerk
**EXHIBIT 10.39**

PHILLIPS-VAN HEUSEN CORPORATION

2006 STOCK INCENTIVE PLAN

RESTRICTED STOCK UNIT AWARD AGREEMENT
**Exhibit 31.1**

 

# **Certifications**

 

I, Richard A. Smith, certify that:

 

1. I have reviewed this quarterly report on Form 10-Q of EschelonTelecom, Inc.,

 

2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this report;

 

3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in this report;

 

4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e)) for the registrant and have:

 

a)              Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;

 

b)             Evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this reportour conclusions about effectiveness of the disclosure controls and procedures,as of the end of period covered by this report based on such evaluation; and

 

c)              Disclosed in this report any change inthe registrant’s internal control over financial reporting that occurred duringthe registrant’s most recent fiscal quarter (the registrant’s fourth fiscalquarter in the case of a annual report) that has materially affected, orreasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and

 

5. The registrant’s other certifying officer and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of registrant’sboard of directors (or persons performing the equivalent functions):

 

a)              All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize, and report financial information; and

 

b)             Any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s control over financial reporting.

 

 
|   | August 11, 2004                  |
|--------|---------------------------------------|
|   |                                  |
|   | Sign:                                 |  /S/        Richard A.  Smith |   |   |
|   | Richard A. Smith                      |
|   | President and Chief Executive Officer |

 

1

----
##### 



Exhibit 32.1 CERTIFICATION PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
(18 U.S.C. SECTION 1350) In connection with the Annual Report of McRae Industries, Inc. (the
Company) on Form 10-K/A for the fiscal year ending July 31, 2004 as
filed with the Securities and Exchange Commission on the date hereof
(the Report), I, D. Gary McRae, President and CEO of the Company,
certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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/ D. Gary McRaeD. Gary McRaePresident and CEODecember 22, 2004
 50
**Certification      of Principal Executive Officer **

**Pursuant      to 18 United States Code Section 1350 As Adopted Pursuant to Section 906 of      the      Sarbanes-Oxley Act of 2002**

|   | (1) | such                annual report on Form 20-F for the fiscal year ended December 31,                2005 of                the Company 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 such annual report on Form 20-F for the                year                ended December 31, 2005 fairly presents, in all material respects,                the                financial condition and results of operations of the                Company. |
|--------|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                              |                                       |                                    |
|---------------------------------------------------|--------------------------------------------|-----------------------------------------|
|                                         |                                  |                               |
| Date: May              30,              2006 |                                       | /s/ Laura              Ferro, M.D. |
|                                              | Dr.              Laura Ferro               |
|                                              | Chief              Executive Officer  |
UNITED STATES


SECURITIES AND EXCHANGE COMMISSION


Washington, D.C. 20549


_____________________________


FORM 8-K


CURRENT REPORT


Pursuant to Section 13 or 15(d) of the


Securities Exchange Act of 1934











Date of Report (Date of earliest event reported)


August 27, 2012








PVH CORP.


(Exact name of registrant as specified in its charter)





Delaware001-0757213-1166910(State or other jurisdiction of incorporation)(Commission File Number)(IRS Employer Identification No.)200 Madison Avenue, New York, New York10016(Address of principal executive offices)(Zip Code)





Registrant’s telephone number, including area code (212)-381-3500


Not Applicable


(Former name or former address, if changed since last report.)





Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:





o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)


o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)


o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act


(17 CFR 240.14d-2(b))


o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act


(17 CFR 240.13e-4(c))








---










ITEM 2.02  RESULTS OF OPERATIONS AND FINANCIAL CONDITION


On August 27, 2012 , PVH Corp. (the “Company”) issued a press release to report the Company’s earnings for the second quarter 2012 , which is attached to this report as Exhibit 99.1.


The information in this Form 8-K and the Exhibit attached hereto shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, regardless of any general incorporation language in such filing.





ITEM 9.01  FINANCIAL STATEMENTS AND EXHIBITS


(d) Exhibits .


ExhibitDescription99.1Press Release, dated August 27, 2012.











---




SIGNATURES


Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.





PVH CORP.





By: /s/ Bruce Goldstein


Bruce Goldstein


Senior Vice President and Controller





Date: August 27, 2012











---




Exhibit Index





ExhibitDescription99.1Press Release, dated August 27, 2012.
<PAGE>   1


                                   EXHIBIT 11

                        COMPUTATION OF EARNINGS PER SHARE




                                      124
<PAGE>   2


                                  EXHIBIT 11

                        COMPUTATION OF EARNINGS PER SHARE


<TABLE>
<CAPTION>
                                                                     YEAR ENDED FEBRUARY 28 OR 29,
                                                               ----------------------------------------
                                                                  1997          1996           1995
                                                               -----------   -----------    -----------
<S>                                                             <C>           <C>            <C> 
SHARES:
      
   Weighted average number of common shares
      outstanding ..........................................    10,809,929    11,470,173     12,109,529

   Effect of shares issuable under stock option plan
      as determined by the treasury stock method ...........       267,443             -        370,632
                                                               -----------   -----------    -----------

   Weighted average number of common shares
      outstanding as adjusted ..............................    11,077,372    11,470,173     12,480,161
                                                               ===========   ===========    ===========

EARNINGS (LOSS) PER SHARE OF COMMON
    STOCK AND COMMON STOCK 
    EQUIVALENTS:

   Net income (loss) .......................................   $        08   $      (.06)   $      0.19
                                                               ===========   ===========    ===========
</TABLE>




                                     125
EXHIBIT 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We have issued our report dated
March 27, 2009, accompanying the consolidated financial statements and schedule of The Coast Distribution System, Inc. and Subsidiaries (the Company) for the years ended December 31, 2008, 2007 and 2006 included in the Companys
Annual Report on Form 10-K for the year ended December 31, 2008. We hereby consent to the incorporation by reference of that report in the Companys Registration Statements on Forms S-8 (File Nos. 33-10769, 33-15322, 33-18696,
33-64582, 333-55933, 333-55941, 333-52876 and 333-136864).



|                           
|---------------------------
|/s/ Burr Pilger & Mayer LLP
|San Francisco, California  
|March 31, 2009
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          10,988
<SECURITIES>                                     5,288
<RECEIVABLES>                                   14,265
<ALLOWANCES>                                       260
<INVENTORY>                                     11,678
<CURRENT-ASSETS>                                44,116
<PP&E>                                          12,531
<DEPRECIATION>                                  10,334
<TOTAL-ASSETS>                                  54,671
<CURRENT-LIABILITIES>                            8,802
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        36,537
<OTHER-SE>                                         802
<TOTAL-LIABILITY-AND-EQUITY>                    54,671
<SALES>                                         73,502
<TOTAL-REVENUES>                                73,502
<CGS>                                           38,800
<TOTAL-COSTS>                                   11,036
<OTHER-EXPENSES>                                15,956
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 694
<INCOME-PRETAX>                                  6,680
<INCOME-TAX>                                     2,389
<INCOME-CONTINUING>                              4,291
<DISCONTINUED>                                   (867)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,424
<EPS-BASIC>                                       0.61
<EPS-DILUTED>                                     0.56


</TABLE>