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

                                                               EXHIBIT 11.1

<TABLE>
                             UNIFIED FINANCIAL SERVICES, INC.
                        EARNINGS PER SHARE CALCULATION (UNAUDITED)
<CAPTION>

                                                                        Three Months Ended
                                                                             March 31,
                                                                    -------------------------
                                                                       1999           1998
                                                                    ----------     ----------
<S>                                                                 <C>            <C>
INCOME AVAILABLE TO COMMON STOCKHOLDERS
   Net income                                                       $  183,426     $  383,757
   Preferred dividends                                                       -         34,418
                                                                    ----------     ----------
   Income available to common stockholders                          $  183,426     $  349,339
                                                                    ==========     ==========

CALCULATION OF COMMON STOCK
   Common shares outstanding at beginning
      of period                                                      2,267,449      1,722,821
   Shares issues in connection with acquisition of M. Wilson
      & Associates, Inc.                                                 3,636              -
   Shares issued in private placement during period                      4,495              -
                                                                    ----------     ----------
         Common shares used in basic calculation                     2,275,580      1,722,821
                                                                    ----------     ----------

   Common stock equivalent of options                                   36,851          6,800
   Preferred stock Series C conversion into
      common stock                                                     225,720              -
                                                                    ----------     ----------
         Common shares used in fully diluted calculation             2,540,151      1,729,621
                                                                    ----------     ----------

EARNINGS PER SHARE
   Basic                                                            $     0.08     $     0.20
                                                                    ==========     ==========
   Fully diluted                                                    $     0.07     $     0.20
                                                                    ==========     ==========
</TABLE>

                                -30-
* Pursuant to 5TH C IR . 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 5TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED April 17, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-40919 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus WILMER OMAR VALLE, also known as Melbin Danilo Landaverde, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 2:05-CR-106-ALL

-------------------- Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges.
PER CURIAM: * Wilmer Omar Valle appeals from a guilty-plea conviction for illegal reentry. For the first time on appeal, Valle argues that the district court erred in assigning a 16-level increase pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii) for a prior California conviction for assault with a deadly weapon. Although Valle arguably waived the issue, out of an abundance of caution we review for plain error. See United States v. Fernandez-Cusco ,No. 05-40919 -2- 447 F.3d 382, 384 (5th Cir.), cert. denied , 127 S. Ct. 194 (2006).
In United States v. Sanchez-Ruedas , 452 F.3d 409, 412-14, (5th Cir.), cert denied , 127 S. Ct. 315 (2006), we examined the identical California statute at issue in Valle’s case and held that the California statute was sufficiently similar to the generic contemporary definition of aggravated assault to qualify as an enumerated offense of a crime of violence. The district court thus did not plainly err in assigning a 16-level increase for Valle’s prior conviction for assault with a deadly weapon.
See id. Valle challenges 8 U.S.C. § 1326(b)’s treatment of prior felony and aggravated felony convictions as sentencing factors rather than elements of the offense in light of Apprendi v. New Jersey , 530 U.S. 466 (2000) . Valle’s constitutional challenge is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998). Although Valle contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi , we have repeatedly rejected such arguments on the basis that Almendarez-Torres remains binding. See United States v. Garza-Lopez , 410 F.3d 268, 276 (5th Cir.), cert. denied , 126 S. Ct. 298 (2005). Valle properly concedes that his argument is foreclosed in light of Almendarez-Torres and circuitNo. 05-40919 -3- precedent, but he raises it here to preserve it for further review.
AFFIRMED.
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#### The People of the State of New York, Respondent, v Daniel Jones, Appellant.

[942 NYS2d 835]

The case is held, the decision is reserved, the motion to relieve counsel of assignment is granted and new counsel is to be assigned. Memorandum: Defendant appeals from an order that denied his motion pursuant to CPL 440.30 (1-a) for the performance of forensic DNA testing on specified evidence. Defendant’s assigned appellate counsel has moved to be relieved of the assignment pursuant to *People v Crawford*(71 AD2d 38 [1979]). However, we find that a nonfrivolous issue exists as to whether the People met their burden of establishing with sufficient specificity whether the evidence existed and could be tested *(see People v Pitts, 4*NY3d 303 [2005]). Therefore, we relieve counsel of his assignment and assign new counsel to brief this issue, as well as any other issues that counsel’s review of the record may disclose. (Appeal from Order of Supreme Court, Erie County, Penny M. Wolfgang, J. — CPL 440.30 [1-a]). Present — Scudder, EJ., Smith, Fahey and Sconiers, JJ.
Exhibit 10.2(c)




Exhibit 10.2(c)


 


JOHN R.
MILLER


EMPLOYMENT
AGREEMENT EXTENSION

 

 

            THIS EMPLOYMENT AGREEMENT EXTENSION
(“Extension Agreement”) dated as of the 28th day of August, 2008, is made by
and between National Beef Packing Company, LLC, a Delaware limited liability company
(“National Beef”), and John R. Miller (“Executive”).

 

            WHEREAS, National
Beef entered into an employment agreement with Executive dated as of the 6th
day of August 2003 (“Employment Agreement”) under which Executive will be
employed as Chief Executive Officer of National Beef until the earlier of the
last day of the fiscal year ending on or about August 30, 2008, or such later
date as the parties may agree, or the Termination Date as defined in the
Employment Agreement;

 

            WHEREAS, National
Beef and the owners of National Beef have entered into a Membership Interest
Purchase Agreement with JBS, S.A., a Brazilian beef processing company, dated
as of February 29, 2008 (“MIPA”) under which the ownership interests of
National Beef would be sold and transferred to JBS, S.A. or an affiliate at the
closing of the transaction (“Closing”); and

 

            WHEREAS, National
Beef and Executive desire the Employment Agreement to continue through the
earlier of the Closing or October 31, 2008 under the provisions of this Extension
Agreement;

 

            THEREFORE, National
Beef and Executive agree as follows:

 

            1.        Extension
of Expiration Date.  The Expiration Date of the Employment Agreement shall
be extended under Paragraph 1, clause (a) from “the last day of the fiscal year
ending on or about August 30, 2008” to “October 31, 2008, or the closing of the
transactions under the MIPA, whichever is earlier.”  The extension shall apply
to all provisions of the Employment Agreement, except Sections 3.b., 3.c., and
3.d. for which the language shall be construed that the Employment Agreement
expires and measuring periods end on the last day of the fiscal year ending on
or about August 30, 2008.

 

            2.        Effect. 
National Beef and Executive intend this Extension Agreement to amend the
Employment Agreement as of the date above written.

 

 


		
			
			NATIONAL BEEF PACKING COMPANY, LLC

			 

			 

			 

			
			By   /s/ Steven D. Hun                                           
			

			    Steven D. Hunt
			

			    Chair, Management Committee

				
			
			EXECUTIVE:

			
			JOHN R. MILLER

			 

			 

			
			    /s/ John R. Miller                                                    
			

			John R. Miller
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

# AGENCY:

Office of Science, Department of Energy.

# ACTION:

Notice of renewal.

# SUMMARY:

Pursuant to the Federal Advisory Committee Act, the Code of Federal Regulations, and following consultation with the Committee Management Secretariat, General Services Administration, notice is hereby given that the Basic Energy Sciences Advisory Committee's (BESAC) charter will be renewed for a two-year period. The Committee will provide advice and recommendations to the Office of Science on the Basic Energy Sciences program. Additionally, the renewal of the BESAC has been determined to be essential to conduct business of the Department of Energy and to be in the public interest in connection with the performance of duties imposed upon the Department of Energy, by law and agreement. The Committee will continue to operate in accordance with the provisions of the Federal Advisory Committee Act, and the rules and regulations in implementation of that Act.

# FOR FURTHER INFORMATION CONTACT:

Dr. Linda Horton at (301) 903-3081 or email: *linda.horton@science.doe.gov.*

## Signing Authority

This document of the Department of Energy was signed on July 27, 2021, by Miles Fernandez, Acting Committee Management Officer, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the **Federal Register**.

Signed in Washington, DC, on July 27, 2021.

Treena V. Garrett,

Federal Register Liaison Officer, U.S. Department of Energy.

[FR Doc. 2021-16273 Filed 7-29-21; 8:45 am]

BILLING CODE 6450-01-P
Exhibit 31.2

CERTIFICATION

I,
Paul Gothard, certify that:

1.     I
have reviewed this annual report on Form 10-K of Medicsight, Inc;

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

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

4.     The
registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:



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



|              |  | By:                                            | /s/PAUL GOTHARD
|------------- |  | ---------------------------------------------- | ---------------
|              |  | Paul Gothard
          Chief Financial Officer
|April 8, 2004 |  |                                                |                

---

QuickLinks
Case: 1:01-cv-09479 Document #: 61 Filed: 05/06/02 Page 1 of 5 PageID #:272
Case: 1:01-cv-09479 Document #: 61 Filed: 05/06/02 Page 2 of 5 PageID #:273
Case: 1:01-cv-09479 Document #: 61 Filed: 05/06/02 Page 3 of 5 PageID #:274
Case: 1:01-cv-09479 Document #: 61 Filed: 05/06/02 Page 4 of 5 PageID #:275
Case: 1:01-cv-09479 Document #: 61 Filed: 05/06/02 Page 5 of 5 PageID #:276
##### 



EXHIBIT 31.2 CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
PURSUANT TO SECTION 302 OF THE
SARBANES-OXLEY ACT OF 2002 I, Michael J. Havala, certify that:  1.
    
    I have reviewed this quarterly report on Form 10-Q of First Industrial,
L.P.;2.
    
    Based on my knowledge, this report does not contain any untrue statement
of a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this
report;3.
    
    Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material
respects the financial condition, results of operations and cash flows of
the registrant as of, and for, the periods presented in the report;4.
    
    The registrants other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as
defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant
and have:  a)
    
    Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision,
to ensure that material information relating to the registrant, including
its consolidated subsidiaries, is made known to us by others within those
entities, particularly during the period in which this report is being
prepared;b)
    
    Evaluated the effectiveness of the registrants disclosure controls
and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of
the period covered by this report based on such evaluation; andc)
    
    Disclosed in this report any change in the registrants internal
control over financial reporting that occurred during the registrants
most recent fiscal quarter (the registrants fourth fiscal quarter in the
case of an annual report) that has materially affected, or is reasonably
likely to materially affect, the registrants internal control over
financial reporting; and  5.
    
    The registrants other certifying officer(s) and I have disclosed, based
on our most recent evaluation of internal control over financial
reporting, to the registrants auditors and to the audit committee of the
registrants board of directors (or persons fulfilling the equivalent
functions):  a)
    
    All significant deficiencies and material weaknesses in the design or
operation of
internal control over financial reporting which are reasonably likely to
adversely affect the registrants ability to record, process, summarize
and report financial information; andb)
    
    Any fraud, whether or not material, that involves management or other
employees
who have a significant role in the registrants internal control over
financial reporting. Date: August 5, 2004 /s/ Michael J. HavalaMichael J. HavalaChief Financial OfficerFirst Industrial Realty Trust, Inc.
EXHIBIT 32.2

                                 ECONTENT, INC.

     Certification of Principal Executive Officer Pursuant to 18 U.S.C. 1350
                 (Section 906 of the Sarbanes-Oxley Act of 2002)

I, William H. Campbell, Executive Vice President, Chief Financial Officer,
("principal financial officer") of eContent, Inc. (the "Registrant"), certify
that to the best of my knowledge, based upon a review of the Annual Report on
Form 10-KSB/A (Amendment No. 1) for the period ended September 30, 2003 of the
Registrant (the "Report"):

(1) The Report fully complies with the requirements of Section 13(a){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.


Dated: October 21, 2005        /s/ WILLIAM H. CAMPBELL
                               -----------------------
                               William H. Campbell
                               Executive Vice President, Chief Financial Officer
Exhibit 32.2

Written Statement  Pursuant To  18 U.S.C. Section 1350

The undersigned, Paul E. Ross, the Chief Financial Officer of Meade Instruments Corp. (the "Company"), pursuant to 18 U.S.C. §1350,
hereby certifies that:

(i)    the
Form 10Q for the quarterly period ended November 30, 2008 of the Company (the "Report") fully complies with the requirements of section 13(a)
and 15(d) of the Securities Exchange Act of 1934; and

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

Date: January 16, 2009By:

/s/ PAUL E. ROSS Paul E. Ross Senior Vice PresidentFinance and
Chief Financial Officer


---



QuickLinks
#### Jonathan K. Smith, Appellant, v John A. Catsimatidis, Respondent.

[944 NYS2d 878] —

Order, Supreme Court, New York County (Anil C. Singh, J.), entered April 15, 2011, which granted defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.

The IAS court correctly determined that the allegedly defamatory statement contains nothing that would allow a reader to discern that it was “of and concerning” plaintiff *(Giaimo v Literary Guild,*79 AD2d 917, 917 [1981]; *Salvatore v Kumar,*45 AD3d 560, 563 [2007], *lv denied*10 NY3d 703 [2008]; *see generally Prince v Fox Tel. Stas., Inc.,*93 AD3d 614, 614-615 [2012]). Indeed, the statement did not name plaintiff at all, and gave no reason for any reader to think that defendant was referring to him.

In view of the foregoing determination, we need not decide whether the statement is privileged. Concur — Friedman, J.P., Sweeny, Renwick, Freedman and Abdus-Salaam, JJ.