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Exhibit 12




              BURLINGTON INDUSTRIES, INC. AND SUBSIDIARY COMPANIES

                        Computation of Ratio of Earnings
                    to Fixed Charges (Deficiency of Earnings
                        Available to Cover Fixed Charges)
                             (Amounts in thousands)





                                                Fiscal Year Ended
                                   -------------------------------------------
                                     October 2,     October 3,   September 27,
                                        1999           1998          1997
                                   ------------- -------------- --------------

Income (loss) before income taxes  $    (47,349) $     130,012  $      96,371
Interest expense                         58,420         59,544         60,062
Imputed interest on rent expense          5,510          5,096          4,938
                                   ------------- -------------- --------------
         Total earnings            $     16,581  $     194,652  $     161,371
                                   ------------- -------------- --------------

Interest expense                   $     58,420  $      59,544  $      60,062
Imputed interest on rent expense          5,510          5,096          4,938
                                   ------------- -------------- --------------
         Total fixed charges       $     63,930  $      64,640  $      65,000
                                   ------------- -------------- --------------

Ratio of earnings to fixed charges      N/A                3.0            2.5
                                                 ============== ==============

Deficiency of earnings available
     to cover fixed charges        $     47,349        N/A            N/A
                                   =============
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from Swift Energy
Operating Partners 1995-B, Ltd.'s balance sheet and statement of operations con-
tained in its Form 10-Q for the quarter  ended June 30, 1997 and is qualified in
its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-END>                                   JUN-30-1997
<CASH>                                         1,869,202
<SECURITIES>                                   0
<RECEIVABLES>                                  35,720
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               1,932,371
<PP&E>                                         642,395
<DEPRECIATION>                                 (79,473)
<TOTAL-ASSETS>                                 2,495,293
<CURRENT-LIABILITIES>                          11,847
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     2,483,446
<TOTAL-LIABILITY-AND-EQUITY>                   2,495,293
<SALES>                                        94,636
<TOTAL-REVENUES>                               150,344
<CGS>                                          0
<TOTAL-COSTS>                                  42,209<F1>
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                90,744
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            90,744
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   90,744
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
<FN>
<F1>Includes  lease  operating  expenses,  production  taxes  and  depreciation,
depletion and  amortization  expense.  Excludes general and  administrative  and
interest expense.
</FN>
        

</TABLE>
I

103D CONGRESS

1ST SESSION H. R. 1575

To amend the Internal Revenue Code of 1986 to allow a deduction for

social security taxes imposed on wages paid for dependent care services

in the home.

IN THE HOUSE OF REPRESENTATIVES

MARCH 31, 1993

Mrs. MALONEY introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to allow a

deduction for social security taxes imposed on wages

paid for dependent care services in the home.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DEDUCTION FOR CERTAIN SOCIAL SECURITY

4 TAXES.

5 (a) GENERAL RULE.—Section 164 of the Internal

6 Revenue Code of 1986 (relating to deduction for taxes)

7 is amended by redesignating subsection (g) as subsection

8 (h) and by inserting after subsection (f) the following new

9 subsection:
2

•HR 1575 IH

1 ‘‘(g) DEDUCTION FOR CERTAIN SOCIAL SECURITY

2 TAXES.—

3 ‘‘(1) IN GENERAL.—In the case of an individ4 ual, in addition to the taxes described in subsection

5 (a), there shall be allowed as a deduction for the

6 taxable year an amount equal to the dependent-care

7 provider social security taxes paid by the taxpayer

8 during the taxable year.

9 ‘‘(2) DEPENDENT-CARE PROVIDER SOCIAL SE10 CURITY TAXES.—For purposes of paragraph (1), the

11 term ‘dependent-care provider social security taxes’

12 means any taxes—

13 ‘‘(A) which are imposed by section 3111 on

14 wages paid by the taxpayer for domestic serv15 ices in the private home of the taxpayer,

16 ‘‘(B) the payment of which by the taxpayer

17 qualify as employment-related expenses under

18 section 21(b), and

19 ‘‘(C) which the taxpayer elects to take into

20 account under this subsection.

21 ‘‘(3) DEPENDENT-CARE CREDIT NOT ALLOWED

22 FOR DEDUCTED TAXES.—Any dependent-care pro23 vider social security taxes allowed as a deduction

24 under this subsection shall not be taken into account
3

•HR 1575 IH

1 in determining the amount of the credit allowed

2 under section 21(a).’’

3 (b) DEDUCTION ALLOWED IN COMPUTING AD4 JUSTED GROSS INCOME.—Subsection (a) of section 62

5 (defining adjusted gross income) is amended by inserting

6 after paragraph (14) the following new paragraph:

7 ‘‘(15) DEDUCTION FOR CERTAIN SOCIAL SECU8 RITY TAXES.—The deduction allowed by section

9 164(g).’’

10 (c) EFFECTIVE DATE.—The amendments made by

11 this section shall apply to taxable years beginning after

12 December 31, 1993.

Æ
*OPINION ISSUED FEBRUARY 4, 2008*

#### POMEROY IT SOLUTIONS SALES COMPANY INC. VS. DEPARTMENT OF EDUCATION

(CC-08-0015)

Claimant appeared *pro se.*

Gretchen A. Murphy, Assistant Attorney General, for respondent.

PER CURIAM:

This claim was submitted for decision based upon the allegations in the Notice of Claim and respondent's Answer.

Claimant seeks $38,541.00 for various items of equipment that it provided to respondent. Claimant has not been paid for this equipment since the documentation for these services was not processed for payment within the appropriate fiscal year.

In its Answer, respondent admits the validity of the claim as well as the amount and states that there were sufficient funds expired in the appropriate fiscal year from which the invoice could have been paid.

In view of the foregoing, the Court is of the opinion to and does make an award to claimant in the amount of $38,541.00.

Award of $38,541.00.
<PAGE>   1
                                                                      EXHIBIT 23


                         CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in this Annual Report (Form 10-K)
of ClinTrials Research Inc. of our report dated January 30, 1998, included in
the 1997 Annual Report to Stockholders of ClinTrials Research Inc.

Our audits also included the financial statement schedule of ClinTrials Research
Inc. listed in Item 14(a). This schedule is the responsibility of the Company's
management. Our responsibility is to express an opinion based on our audits. In
our opinion, the financial statement schedule referred to above, when considered
in relation to the basic financial statements taken as a whole, presents fairly
in all material respects the information set forth therein.

We also consent to the incorporation by reference in the Registration Statements
on Form S-8 (File No. 33-82416 and 333-08365) both pertaining to the 1989 Stock
Option Plan of ClinTrials Research Inc., of our report dated January 30, 1998,
with respect to the consolidated financial statements incorporated herein by
reference, and our report included in the preceding paragraph with respect to
the financial statement schedule included in this Annual Report (Form 10-K) of
ClinTrials Research Inc. for the year ended December 31, 1997.


                                                  /s/ ERNST & YOUNG LLP

Nashville, Tennessee
March 26, 1998
CHIEF JUSTICE

 ROGELIO VALDEZ

JUSTICES

 NELDA V. RODRIGUEZ

 DORI CONTRERAS GARZA

 GINA M. BENAVIDES

 GREGORY T. PERKES

 NORA L. LONGORIA

CLERK

 DORIAN E. RAMIREZ

NUECES COUNTY COURTHOUSE

901 LEOPARD, 10TH FLOOR

CORPUS CHRISTI, TEXAS 78401

361-888-0416 (TEL)

361-888-0794 (FAX)

HIDALGO COUNTY

ADMINISTRATION BLDG.

100 E. CANO, 5TH FLOOR

EDINBURG, TEXAS 78539

956-318-2405 (TEL)

956-318-2403 (FAX)

www.txcourts.gov/13thcoa

Court of Appeals 

Thirteenth District of Texas 

November 12, 2015

Hon. Danice L. Obregon

Attorney at Law

802 N. Caranchua, Suite 2100

Corpus Christi, TX 78401

* DELIVERED VIA E-MAIL *

Mr. Frankie Wayne Nealy

#1714921

Ellis Unit

1697 FM 980

Huntsville, TX 77343

Re: Cause No. 13-14-00689-CV

Tr.Ct.No. S-12-5439FL-A

Style: Frankie Wayne Nealy v. Robin Michelle Nealy

Appellant’s motion for extension of time to file brief in the above cause was this 

day GRANTED by this Court. The time has been extended to Monday, December 14, 

2015.

Very truly yours,

Dorian E. Ramirez, Clerk

DER:ch
I 

111TH CONGRESS 

1ST SESSION H. R. 1406 

To direct the Securities and Exchange Commission to reinstate the ‘‘uptick 

rule’’ on short sales of securities and to suspend the application of 

mark-to-market accounting principles. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2009 

Mr. KIRK introduced the following bill; which was referred to the Committee 

on Financial Services 

A BILL 

To direct the Securities and Exchange Commission to reinstate the ‘‘uptick rule’’ on short sales of securities and 

to suspend the application of mark-to-market accounting 

principles. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stock Market Recovery 

5 Act of 2009’’. 


rfrederick on PROD1PC67 with BILLS
2 

•HR 1406 IH

1 SEC. 2. REINSTATEMENT OF THE UPTICK RULE. 

2 Not later than 90 days after the date of enactment 

3 of this Act, the Securities and Exchange Commission 

4 shall— 

5 (1) reinstate rule 10a–1 of the Commission’s 

6 rules (17 C.F.R. 240.10a–1); 

7 (2) rescind rule 201 of regulation SHO (17 

8 C.F.R. 242.201); and 

9 (3) take such other actions as may be necessary 

10 to reinstate the price test restrictions that applied to 

11 short sales of securities prior to the Commission’s 

12 action in the proceeding entitled ‘‘Regulation SHO 

13 and Rule 10a–1’’, adopted June 28, 2007 (Release 

14 No. 34–55970; File No. S7–21–06). 

15 SEC. 3. SUSPENSION OF MARK-TO-MARKET ACCOUNTING. 

16 Not later than 90 days after the date of enactment 

17 of this Act, for purposes of any periodic or other reports 

18 required to be filed with the Securities and Exchange 

19 Commission, the Commission shall suspend, by rule, regu20 lation, or order, the application of mark-to-market ac21 counting principles with respect to any class or category 

22 of transaction as the Commission determines necessary or 

23 appropriate in the public interest and consistent with the 

24 protection of investors. 

Æ 


rfrederick on PROD1PC67 with BILLS
#### Carl Emerson, Doing Business as Emerson Builders, Respondent-Appellant, v Peter M. Zonnevylle, Appellant-Respondent, and Landsman Company et al., Respondents.

Order and judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: The order and judgment must be modified to the extent of giving defendant, Peter M. Zonnevylle, a *933credit in the amount of $15,951.96, to be applied against the amount that he owes plaintiff. Plaintiff agreed, by the terms of the parties’ contract, to hold Zonnevylle harmless from valid liens upon the work described in the contract and several subcontractors filed mechanic’s liens in the total amount of $15,951.96. (Appeals from order and judgment of Supreme Court, Monroe County, Erwin, J.H.O. — mechanic’s lien.) Present — Callahan, J. P., Denman, Green, Balio and Davis, JJ.
#### BALLEW v. STATE.

No. 19925.

Court of Criminal Appeals of Texas.

Nov. 16, 1938.

Mahan & Broughton, of Childress, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

CHRISTIAN, Judge.

The offense is possession of intoxicating liquor for the purpose of sale in a dry area; the punishment, a fine of $100.

Operating under a search warrant, officers went to appellant’s private residence for the purpose of making a search for intoxicating liquor. The doors were locked and they were unable to gain entrance. Some of the officers returned to town for aid. During their absence, C. B. Hume watched the house. He testified: “While they (referring to the other officers) were gone I could hear glass breaking on the inside and liquid running down the drain pipe.” When the officers returned they broke into the house. They found about three-fourths of a pint of whisky and one-half pint of gin in the refrigerator. They testified that they found a case of empty whisky bottles in the bath room. Also they found that some whisky bottles had been broken in the bath tub. They recovered about one-third of a pint of liquid from broken bottles, which they delivered to G. B. Boone, Chemist of the Texas Liquor Control Board. He testified that he found the liquid “contained an alcoholic content of less than twenty percent by volume.” Further, he said: “Whisky has an alcoholic content of from forty percent to fifty percent by volume.” Appellant and her husband lived in the house. She was present when the search was made. Her husband was shown to be absent from home.

We deem the evidence insufficient to support the conviction. It has been observed that the officers obtained less than a quart of intoxicating liquor. There is nothing in the record sufficient to show that the entire amount of intoxicating liquor — that which might have run out of the bath tub and that which was found in the house — was more than a quart. There was no testimony which in any manner tended to show that appellant had sold or attempted to sell any whisky. It is observed that the complaint and information charged that she possessed whisky for the purpose of sale. Manifestly the state relied upon circumstantial evidence, and a charge upon the subject was submitted. We think the proof merely raised a strong suspicion of guilt. It was incumbent upon the state to introduce proof “to a degree of certainty greater than a mere probability or strong suspicion” tending to establish that appellant possessed the whisky for the purpose of sale. The state having failed to introduce sufficient proof to show that appellant possessed more than a quart of intoxicating liquor, we are constrained to hold that the evidence failed to exclude every other reasonable hypothesis save that of appellant’s guilt. See Rhodes v. State, 115 Tex.Cr.R. 348, 28 S.W.2d 548.

*370The judgment is reversed and the cause remanded.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

EH/Research

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

JESUS ALVAREZ-RAMOS,

 Defendant - Appellant.

No. 09-30198

D.C. No. 2:07-CR-02125-RHW

MEMORANDUM *

Appeal from the United States District Court

for the Eastern District of Washington

Robert H. Whaley, Senior District Judge, Presiding

Submitted February 16, 2010** 

Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.

Jesus Alvarez-Ramos appeals from the 71-month sentence imposed

following his guilty-plea conviction for being an illegal alien in the United States

FILED

MAR 05 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
EH/Research 2 09-30198

after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to

28 U.S.C. § 1291, and we affirm.

Alvarez-Ramos contends that the district court procedurally erred by

applying an upward departure under U.S.S.G. § 4A1.3, based on its determination

that his criminal history category understated his criminal history. He also

contends that his sentence is substantively unreasonable because it is greater than

necessary. The record reflects that the district court did not procedurally err in its

calculation of the advisory sentencing Guideline range or consideration of the 18

U.S.C. § 3553(a) factors, and that the sentence is substantively reasonable in light

of the totality of the circumstances. See United States v. Carty, 520 F.3d 984, 993

(9th Cir. 2008) (en banc); see also United States v. Higuera-Llamos, 574 F.3d

1206, 1210-12 (9th Cir. 2009). 

AFFIRMED.
I

103D CONGRESS

1ST SESSION H. R. 1474

To increase the irrigable acreage for the San Angelo Federal reclamation

project, Texas, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 24, 1993

Mr. SMITH of Texas introduced the following bill; which was referred to the

Committee on Natural Resources

A BILL

To increase the irrigable acreage for the San Angelo Federal

reclamation project, Texas, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. INCREASE IN IRRIGABLE ACREAGE.

4 (a) IN GENERAL.—The first section of the Act enti5 tled ‘‘An Act to provide for the construction by the Sec6 retary of the Interior of the San Angelo Federal reclama7 tion project, Texas, and for other purposes’’, approved Au8 gust 16, 1957 (71 Stat. 372), is amended by striking ‘‘ten

9 thousand acres’’ and inserting ‘‘fifteen thousand acres’’.
2

•HR 1474 IH

1 (b) AMENDMENT TO CONTRACT.—The Secretary of

2 the Interior is authorized to amend contract numbered

3 14–06–500–369 to reflect the amendment made by sub4 section (a), except that such amendment shall not be con5 strued to require a change in the proportionate amount

6 of all remaining payments due and payable to the United

7 States by Tom Green County Water Control Improvement

8 District No. 1.

Æ
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 this  Quarterly  Report  of  UnionBanCal  Corporation  (the
"Company")  on Form 10-Q for the quarter  ending June 30, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Takashi
Morimura, 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 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 results of operations
          of the Company.



Dated:  August 5, 2005




                                   By:        /S/ TAKASHI MORIMURA
                                       -----------------------------------------
                                                  Takashi Morimura
                                               Chief Executive Officer