alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 11**

 

**CREATIVE COMPUTER APPLICATIONS, INC.**

 

**COMPUTATION OF EARNINGS PER COMMON SHARE**

 
|                                                          |   | **Nine  Months Ended** |     | **Three  Months Ended** |   |
|---------------------------------------------------------------|--------|------------------------|----------|-------------------------|--------|
|                                                          |   | **May 31,  2004**      |     | **May 31,  2003**       |   | **May 31,  2004** |   | **May 31,  2003** |   |
|                                                          |   |                   |     |                    |   |   |   |   |   |
| AVERAGE MARKET PRICE PER SHARE                                |   | $                      | 1.74     |                    | $      | 1.45 |   | $ | 1.61 |   | $ | 1.56 |   |
|                                                          |   |                   |     |                    |   |   |   |   |   |
| NET INCOME (LOSS)                                             |   | $                      | (172,486 | )                       | $      | 131,593 |   | $ | 9,132 |   | $ | 66,747 |   |
|                                                          |   |                   |     |                    |   |   |   |   |   |
| Basic weighted average number of common  shares outstanding   |   | 3,318,900              |     | 3,285,844               |   | 3,318,900 |   | 3,318,900 |   |
|                                                          |   |                   |     |                    |   |   |   |   |   |
| Dilutive effect of stock options                              |   | —                 |     | 208,197                 |   | 108,975 |   | 240,435 |   |
|                                                          |   |                   |     |                    |   |   |   |   |   |
| Diluted weighted average number of common  shares outstanding |   | 3,318,900              |     | 3,494,041               |   | 3,427,875 |   | 3,559,335 |   |
|                                                          |   |                   |     |                    |   |   |   |   |   |
| Basic earnings (loss) per share                               |   | $                      | (.05     | )                       | $      | .04 |   | $ | 00 |   | $ | .02 |   |
|                                                          |   |                   |     |                    |   |   |   |   |   |
| Diluted earnings (loss) per share                             |   | $                      | (.05     | )                       | $      | .04 |   | $ | .00 |   | $ | .02 |   |

 

----
**Exhibit 32.1**

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350**

In connection with the Annual Report onForm 10-K of Vringo, Inc. (the “Company”) for the year ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”) I, Jonathan Medved, Chief Executive Officer of theCompany, certify, pursuant to § 906 of the Sarbanes-Oxley Act of 2002,18 U.S.C. § 1350, that to my knowledge: 

(1) 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 

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

Date: March 31, 2011
<TABLE> <S> <C>



<ARTICLE>                                           5
       
<S>                                                 <C>
<PERIOD-TYPE>                                       9-MOS
<FISCAL-YEAR-END>                                   DEC-31-1997
<PERIOD-END>                                        SEP-30-1997
<CASH>                                              1,222,000
<SECURITIES>                                        0
<RECEIVABLES>                                       3,821,000
<ALLOWANCES>                                        87,000
<INVENTORY>                                         10,521,000
<CURRENT-ASSETS>                                    18,698,000
<PP&E>                                              28,984,000
<DEPRECIATION>                                      0
<TOTAL-ASSETS>                                      59,312,000
<CURRENT-LIABILITIES>                               6,560,000
<BONDS>                                             0
<COMMON>                                            5,000
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<OTHER-SE>                                          34,827,000
<TOTAL-LIABILITY-AND-EQUITY>                        59,312,000
<SALES>                                             64,719,000
<TOTAL-REVENUES>                                    64,719,000
<CGS>                                               50,993,000
<TOTAL-COSTS>                                       59,219,000
<OTHER-EXPENSES>                                    0
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                                  1,103,000
 <INCOME-PRETAX>                                    5,499,000
<INCOME-TAX>                                        (524,000)
<INCOME-CONTINUING>                                 6,023,000
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                        6,023,000
<EPS-PRIMARY>                                       1.22
<EPS-DILUTED>                                       1.18
        


</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          FEB-29-1996
<PERIOD-START>                             MAR-01-1996
<PERIOD-END>                               NOV-30-1996
<CASH>                                         262,075
<SECURITIES>                                         0
<RECEIVABLES>                               10,715,570
<ALLOWANCES>                                   787,571
<INVENTORY>                                 10,765,929
<CURRENT-ASSETS>                            21,225,680
<PP&E>                                       4,593,168
<DEPRECIATION>                               1,772,431
<TOTAL-ASSETS>                              26,317,330
<CURRENT-LIABILITIES>                       10,138,445
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       103,716
<OTHER-SE>                                   6,950,685
<TOTAL-LIABILITY-AND-EQUITY>                26,317,330
<SALES>                                     62,911,596
<TOTAL-REVENUES>                                     0
<CGS>                                       50,792,694
<TOTAL-COSTS>                               50,792,694
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             675,073
<INCOME-PRETAX>                              1,308,698
<INCOME-TAX>                                    45,509
<INCOME-CONTINUING>                          1,263,189
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,263,189
<EPS-PRIMARY>                                      .12
<EPS-DILUTED>                                      .12
        

</TABLE>
```
[Federal Register Volume 60, Number 105 (Thursday, June 1, 1995)]
[Notices]
[Page 28654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13330]

-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Continental Savings of America, A FS&LA; Appointment of Receiver

    Notice is hereby given that, pursuant to the authority contained in 
section 5(d)(2) of the Home Owners' Loan Act, the Office of Thrift 
Supervision has duly appointed the Resolution Trust Corporation as sole 
Receiver for Continental Savings of America, A FS&LA, San Francisco, 
California, OTS No. 7532, on April 28, 1995.

    Dated: May 25, 1995.

    By the Office of Thrift Supervision.
Kimberly M. White,
Corporate Technician.
[FR Doc. 95-13330 Filed 5-31-95; 8:45 am]
BILLING CODE 6720-01-M
```
No. 76-5174.

#### Toothman *v.*Ohio.

Ct. App. Ohio, Summit County. Certiorari denied.
Federal Deposit Insurance Corporation

3501 Fairfax Drive, Arlington, VA 22226-3500 Office of Minority and Women Inclusion

October 25, 2016

To: Presidents/Chief Executive Officers of FDIC Regulated Financial Institutions 

This letter is to inform you of the Interagency Policy Statement Establishing Joint Standards for 

Assessing the Diversity Policies and Practices of Entities Regulated by the Agencies (Policy 

Statement) and the process for voluntary submissions of diversity information to the Office of 

Minority and Women Inclusion (OMWI) at the Federal Deposit Insurance Corporation (FDIC).

Section 342 of the Dodd-Frank Wall Street Reform and Consumer Protection Act required the 

federal financial regulatory agencies to establish OMWIs and instructed the OMWI Director at 

each agency to develop standards for assessing the diversity policies and practices of institutions 

regulated by that agency. In response, the FDIC, together with other federal financial regulators,

issued the Policy Statement, which became effective on June 10, 2015. I have enclosed the 

Policy Statement. 

The Standards identified in the Policy Statement offer guidance and a framework that enable an 

institution to voluntarily assess its diversity and inclusion practices in several key areas: 

 Organizational Commitment to Diversity and Inclusion;

 Workforce Profile and Employment Practices;

 Procurement and Business Practices – Supplier Diversity;

 Practices to Promote Transparency of Organizational Diversity and Inclusion; and,

 Entities’ Self-Assessment.

On February 18, 2016, the Office of Management and Budget approved the collection of 

voluntary self-assessment information from regulated entities. Entities are encouraged to submit 

their self-assessment to their primary federal financial regulator, which in the case of your 

institution is the FDIC. You are also strongly encouraged to make information pertaining to your 

assessment public through your website or other means. 

The self-assessment information may be submitted to me at Section342@fdic.gov.

For further information related to the Policy Statement and Standards, please contact Melodee 

Brooks, Senior Deputy Director at (703) 562-6225 or by email at Eabrooks@fdic.gov. You may 

also find more information at www.fdic.gov/about/diversity.

Sincerely,

/s/

Avelino Rodriguez

Acting Director

Enclosure
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

UNITED STATES OF AMERICA )

)

v. ) No. 1:15-cr-00001-TLS-SLC

)

RIGOBERTO MARTINEZ )

FINDINGS AND RECOMMENDATION

OF THE MAGISTRATE JUDGE

UPON A PLEA OF GUILTY

TO: THE HONORABLE THERESA L. SPRINGMANN, CHIEF JUDGE, 

UNITED STATES DISTRICT COURT

Upon Defendant’s request to enter a plea of guilty pursuant to Rule 11 of the Federal

Rules of Criminal Procedure, this matter came on for hearing before U.S. Magistrate Judge Susan

Collins, on June 15, 2017, with the written consents of Defendant, counsel for Defendant, and

counsel for the United States of America.

The hearing on Defendant’s plea of guilty was in full compliance with Rule 11, Federal

Rules of Criminal Procedure, before the Magistrate Judge in open court and on the record.

In consideration of that hearing and the statements made by Defendant under oath on the

record and in the presence of counsel, the remarks of the Assistant United States Attorney and of

counsel for Defendant,

I FIND as follows:

(1) that Defendant understands the nature of the charge against him to which the plea is

offered;

(2) that Defendant understands his right to trial by jury, to persist in his plea of not guilty,

to the assistance of counsel at trial, to confront and cross-examine adverse witnesses, and his
right against compelled self-incrimination;

(3) that Defendant understands what the maximum possible sentence is, including the

effect of the supervised release term, and Defendant understands that the Sentencing Guidelines

apply and that the Court may depart from those guidelines under some circumstances;

(4) that the plea of guilty by Defendant has been knowingly and voluntarily made and is

not the result of force or threats or of promises apart from the plea agreement between the

parties;

(5) that Defendant is competent to plead guilty;

(6) that Defendant understands that his answers may later be used against him in a

prosecution for perjury or false statement;

(7) that there is a factual basis for Defendant’s plea; and further,

I RECOMMEND that the Court accept Defendant’s plea of guilty and that Defendant be

adjudged guilty of the offense charged in Count 3 of the eight-count Indictment, and have

sentence imposed. A Presentence Report has been ordered. Should this Findings and

Recommendation be accepted and Defendant adjudged guilty, sentencing will be scheduled

before Chief Judge Theresa L. Springmann by separate order and notice. Objections to the

Findings and Recommendation are waived unless filed and served within fourteen (14) days. 28

U.S.C. § 636(b)(1)(B).

DATED this 15th day of June 2017.

/s/ Susan Collins 

Susan Collins,

United States Magistrate Judge

2
I 

109TH CONGRESS 

1ST SESSION H. R. 1740 

To require labeling of raw agricultural forms of ginseng, including the country 

of harvest, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 20, 2005 

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

on Agriculture 

A BILL 

To require labeling of raw agricultural forms of ginseng, 

including the country of harvest, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ginseng Harvest La5 beling Act of 2005 ’’. 

6 SEC. 2. DISCLOSURE OF COUNTRY OF HARVEST. 

7 The Agricultural Marketing Act of 1946 (7 U.S.C. 

8 1621 et seq.) is amended by adding at the end the fol9 lowing: 
2 

•HR 1740 IH 

1 ‘‘Subtitle E—Ginseng 

2 ‘‘SEC. 291. DISCLOSURE OF COUNTRY OF HARVEST. 

3 ‘‘(a) DEFINITION OF GINSENG.—In this section, the 

4 term ‘ginseng’ means an herb or herbal ingredient that— 

5 ‘‘(1) is derived from a plant classified within 

6 the genus Panax; and 

7 ‘‘(2) is offered for sale as a raw agricultural 

8 commodity in any form intended to be used in or as 

9 a food or dietary supplement under the name of 

10 ‘ginseng’. 

11 ‘‘(b) DISCLOSURE.— 

12 ‘‘(1) IN GENERAL.—A person that offers gin13 seng for sale as a raw agricultural commodity shall 

14 disclose to potential purchasers the country of har15 vest of the ginseng. 

16 ‘‘(2) IMPORTATION.—A person that imports 

17 ginseng into the United States shall disclose the 

18 country of harvest of the ginseng at the point of 

19 entry of the United States, in accordance with sec20 tion 304 of the Tariff Act of 1930 (19 U.S.C. 

21 1304). 

22 ‘‘(c) MANNER OF DISCLOSURE.— 

23 ‘‘(1) IN GENERAL.—The disclosure required by 

24 subsection (b) shall be provided to potential pur25 chasers by means of a label, stamp, mark, placard, 
3 

•HR 1740 IH 

1 or other clear and visible sign on the ginseng or on 

2 the package, display, holding unit, or bin containing 

3 the ginseng. 

4 ‘‘(2) RETAILERS.—A retailer of ginseng shall— 

5 ‘‘(A) retain disclosure provided under sub6 section (b); and 

7 ‘‘(B) provide disclosure to a retail pur8 chaser of the raw agricultural commodity. 

9 ‘‘(3) REGULATIONS.—The Secretary of Agri10 culture shall by regulation prescribe with specificity 

11 the manner in which disclosure shall be made in 

12 transactions at wholesale or retail (including trans13 actions by mail, telephone, or Internet or in retail 

14 stores). 

15 ‘‘(d) FAILURE TO DISCLOSE.—The Secretary of Agri16 culture may impose on a person that fails to comply with 

17 subsection (b) a civil penalty of not more than— 

18 ‘‘(1) $1,000 for the first day on which the fail19 ure to disclose occurs; and 

20 ‘‘(2) $250 for each day on which the failure to 

21 disclose continues.’’. 
4 

•HR 1740 IH 

1 SEC. 3. EFFECTIVE DATE. 

2 This Act and the amendments made by this Act take 

3 effect on the date that is 180 days after the date of enact4 ment of this Act. 

Æ
#### In re DENTON. In the matter of proving the will of Nehemiah Denton, deceased.

(Supreme Court, Appellate Division, Fourth Department.

February 6, 1898.)

No opinion. Motion granted, without costs. See 45 N. Y. Supp. 1138, and 48 N. Y. Supp. 1103.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1858 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 1858

    To extend the temporary suspension of duty on cis-3-Hexen-1-ol.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2005

  Mr. Rangel introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
    To extend the temporary suspension of duty on cis-3-Hexen-1-ol.

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

SECTION 1. CIS-3-HEXEN-1-OL.

    (a) In General.--Heading 9902.02.99 of the Harmonized Tariff 
Schedule of the United States is amended by striking ``12/31/2006'' and 
inserting ``12/31/2008''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.
                                 <all>
```
USDC IN/ND case 3:14-cv-00315-RL   document 36-2   filed 07/14/15   page 1 of 5

USDC IN/ND case 3:14-cv-00315-RL   document 36-2   filed 07/14/15   page 2 of 5

USDC IN/ND case 3:14-cv-00315-RL   document 36-2   filed 07/14/15   page 3 of 5

USDC IN/ND case 3:14-cv-00315-RL   document 36-2   filed 07/14/15   page 4 of 5

USDC IN/ND case 3:14-cv-00315-RL   document 36-2   filed 07/14/15   page 5 of 5
Exhibit 10.13
Amendment Number Four to NBT Bancorp Inc. Defined Benefit Pension Plan effective
                                 January 1, 2004


<PAGE>
                                 Amendment #4 to

                                NBT BANCORP INC.
                          DEFINED BENEFIT PENSION PLAN

                            AMENDMENT OF THE PLAN FOR
                         COST OF LIVING BENEFIT INCREASE


     Pursuant to Article 14.1 of the NBT Bancorp Inc. Defined Benefit Pension
Plan ("Plan"), which provides for the amendment thereof when necessary, the Plan
is hereby amended effective January 1, 2004, for a cost of living benefit
increase as follows:

Add a new Section 4.7 to Article IV:

4.7  January  1,  2004  Cost  of  Living  Increase
     ---------------------------------------------

    Effective as of January 1, 2004, the benefit payable to or on behalf of
                                each Participant
      (a) whose employment with the Employer (or any predecessor Employer)
  terminated for any reason prior to January 1, 2004, and (b) who is, or whose
 Beneficiary is, receiving monthly benefit payments from the Plan as of January
  1, 2004 (including a Participant or Beneficiary who shall commence receiving
   benefits from the Plan as of January 1, 2004), shall be increased by three
                                  percent (3%).

    The foregoing increase shall be applied to the monthly benefit actually
 payable to the Participant, or to the Participant's Beneficiary, as of January
1, 2004, determined after all applicable adjustments, regardless of whether such
benefit had been determined under the Account Balance Plan, the Appendix A Plan,
    or the plan of a predecessor Employer that had been merged into the Plan.


     The  Employer  consents  to  the foregoing amendment, and except as amended
herein,  the  Plan  is  hereby  ratified  and  confirmed.



                              NBT Bancorp Inc.


                              By: /S/ Michael J. Chewens
                                  ------------------------
                                  EMPLOYER


                              Date: 1/26/2004
                                    ---------

<PAGE>
United States Court of Appeals

for the Fifth Circuit

No. 21-60196

Summary Calendar

Madelin Johely Galo-Betancourt, 

Petitioner,

versus

Merrick Garland, U.S. Attorney General, 

Respondent.

Petition for Review of an Order of the

Board of Immigration Appeals

Agency No. A206 165 548

Before Southwick, Oldham, and Wilson, Circuit Judges.

Per Curiam:*

Madelin Johely Galo-Betancourt, a native and citizen of Honduras, 

has filed a petition for review of the Board of Immigration Appeals’s (“BIA”) 

decision dismissing her appeal from an order of the Immigration Judge (“IJ”) 

denying her application for asylum, withholding of removal, and protection 

* Pursuant to 5th Circuit Rule 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 5th Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

June 24, 2022

Lyle W. Cayce

Clerk

Case: 21-60196 Document: 00516369738 Page: 1 Date Filed: 06/24/2022
No. 21-60196

2

under the Convention Against Torture (“CAT”). We generally review only 

the BIA’s decision, except to the extent that the IJ’s ruling influenced the 

BIA’s decision. Singh v. Sessions, 880 F.3d 220, 224 (5th Cir. 2018). 

Galo-Betancourt, who was never threatened or harmed by the 

Mara-18 gang, has failed to demonstrate that substantial evidence compels a 

conclusion contrary to that reached by the BIA on the issue of whether she 

suffered past persecution. See Zhang v. Gonzales, 432 F.3d 339, 344 (5th Cir. 

2005); Morales v. Sessions, 860 F.3d 812, 816 (5th Cir. 2017). Also, she has 

abandoned any challenge the BIA’s determination that “persons perceived 

by the gangs or other organized criminal groups as contravening its rules or

resisting its authority” was not a cognizable particular social group (“PSG”) 

by failing to brief the claim on appeal. See Soadjede v. Ashcroft, 324 F.3d 830, 

833 (5th Cir. 2003). In any event, an antagonistic relationship with gangs is 

not by itself a basis for establishing a PSG. See Hernandez-De La Cruz v. 

Lynch, 819 F.3d 784, 786–87 (5th Cir. 2016). In addition, the record does not 

support her contention that she is entitled to protection on account of 

imputed anti-gang political opinion or family membership. See VazquezGuerra v. Garland, 7 F.4th 265, 269-70 (5th Cir. 2021), cert. denied, 142 S. Ct. 

1228 (2022). Accordingly, substantial evidence supports the BIA’s decision 

affirming the IJ’s denial of her claim for asylum. See Zhang, 432 F.3d at 344. 

Because Galo-Betancourt has not demonstrated that she is entitled to 

asylum, she cannot satisfy the more demanding standard for withholding of 

removal. See Efe v. Ashcroft, 293 F.3d 899, 906 (5th Cir. 2002). Her 

unexhausted CAT claim is dismissed for lack of jurisdiction. See MartinezGuevara v. Garland, 27 F.4th 353, 360 (5th Cir. 2022). 

The petition is DENIED IN PART and DISMISSED IN PART

for lack of jurisdiction.

Case: 21-60196 Document: 00516369738 Page: 2 Date Filed: 06/24/2022