alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CROCKER v. ROETHLING.

No. COA06-802-2.

Court of Appeals of North Carolina.

Filed July 3, 2007.

Certification Date July 23, 2007.

Appeal from the Johnston (04CVS2571).

Case reported without published opinion. Affirmed.
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
INFORMATION FURNISHED IS UNAUDITED.
</LEGEND>
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               SEP-30-1996
<CASH>                                             174
<INT-BEARING-DEPOSITS>                            1655
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                       5808
<INVESTMENTS-CARRYING>                            1730
<INVESTMENTS-MARKET>                              1716
<LOANS>                                           8576
<ALLOWANCE>                                         91
<TOTAL-ASSETS>                                   18392
<DEPOSITS>                                       16259
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                                258
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           856
<OTHER-SE>                                        1019
<TOTAL-LIABILITIES-AND-EQUITY>                   18392
<INTEREST-LOAN>                                    531
<INTEREST-INVEST>                                  357
<INTEREST-OTHER>                                    99
<INTEREST-TOTAL>                                   987
<INTEREST-DEPOSIT>                                 640
<INTEREST-EXPENSE>                                 640
<INTEREST-INCOME-NET>                              347
<LOAN-LOSSES>                                      (2)
<SECURITIES-GAINS>                                   2
<EXPENSE-OTHER>                                    426
<INCOME-PRETAX>                                   (62)
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      (47)
<EPS-PRIMARY>                                    (.44)
<EPS-DILUTED>                                    (.40)
<YIELD-ACTUAL>                                    7.18
<LOANS-NON>                                          0
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                    135
<ALLOWANCE-OPEN>                                    94
<CHARGE-OFFS>                                        1
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                   91
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                             91
        

</TABLE>
**Exhibit 99.1**

 

**CertificationPursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of**

**the Sarbanes-OxleyAct of 2002**

 

In connection with the Annual Report of Bionova Holding Corporation(the “Company”) on Form 10-K for the annual period ended December 31, 2002 asfiled with the Securities and Exchange Commission on the date hereof (the“Report”), I, Jose Manuel Garcia, Chief Executive Officer of the Company,hereby certify pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that to my knowledge:

 

(1)           TheReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and

 

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

 
|                  |   |   |   | BIONOVA HOLDING CORPORATION |
|-----------------------|--------|--------|--------|-----------------------------|
|                  |   |   |   |                        |
| Date: April  29, 2003 |   |   |   | By:                         | /s/ JOSE MANUEL GARCIA |
|                  |   |   |   |                        | Jose Manuel  Garcia |
|                  |   |   |   |                        | Chief  Executive Officer |
|                  |   |   |   |                        | (principal  executive officer) |

 

----
<PAGE>   1


                                                                 EXHIBIT 20.3




                         REPORT OF INDEPENDENT AUDITORS


Board of Directors
WFS Financial Inc


We have audited, in accordance with generally accepted auditing standards, the
consolidated statement of financial condition of WFS Financial Inc and
Subsidiaries (WFS) as of December 31, 1997 and the related consolidated
statements of income, shareholders' equity and cash flows for the year then
ended, and have issued our report thereon dated February 9, 1998.

In connection with our audit nothing came to our attention that caused us to
believe that WFS failed to in all material aspects comply with the terms,
covenants, provisions or conditions of either the Sale and Servicing Agreements
for the WFS Financial Auto Loans, Inc. dated March 1, 1996, June 1, 1996,
September 1, 1996, December 1, 1996, March 1, 1997, June 1, 1997, September 1,
1997, or December 1, 1997 between Bankers Trust Company, Chase Manhattan Bank,
and WFS insofar as they relate to accounting and auditing matters. However, it
should be noted that our audit was not directed primarily toward obtaining a
knowledge of noncompliance.

This report is intended for the use and information of the Board of Directors,
management, Bankers Trust Company, and Chase Manhattan Bank and should not be
used for any other purposes.


                                              /s/ ERNST & YOUNG LLP


February 9, 1998
**EXHIBIT      21.1**

**SUBSIDIARIES**

|    |                                                                                 | Jurisdiction |
|---------|--------------------------------------------------------------------------------------|--------------|
| **1.**  | AboveNet                Communications, Inc.                                         | U.S.         |
|    |                                                                                 |         |
| **2.**  | AboveNet                International, Inc.                                          | U.S.         |
|    |                                                                                 |         |
| **3.**  | AboveNet                Canada, Inc.                                                 | Canada       |
|    |                                                                                 |         |
| **4.**  | AboveNet                of VA, LLC                                                   | U.S.         |
|    |                                                                                 |              |
| **5.**  | AboveNet                of Utah, LLC                                                 | U.S.         |
|    |                                                                                 |         |
| **6.**  | MFN                Japan KK                                                          | Japan        |
|    |                                                                                 |         |
| **7.**  | SiteSmith                Ltd. (Dissolved on August 13, 2008)                         | U.K.         |
|    |                                                                                 |         |
| **8.**  | AboveNet                Communications Europe Limited                                | U.K.         |
|    |                                                                                 |         |
| **9.**  | MFN                Europe Finance, Inc.                                              | U.S.         |
|    |                                                                                 |         |
| **10.** | MFN                International LLC                                                 | U.S.         |
|    |                                                                                 |         |
| **11.** | MFN                Europe Limited                                                    | U.K.         |
|    |                                                                                 |         |
| **12.** | AboveNet                Communications UK Ltd.                                       | U.K.         |
|    |                                                                                 |         |
| **13.** | Metromedia                Fiber Network Services Ltd. (Dissolved on August 20, 2008) | U.K.         |

----
GUIDANT CORPORATION and Subsidiaries
                          EXHIBIT 11.1
                                
      Statement Regarding Computation of Per-Share Earnings
               on Primary and Fully-Diluted Bases
              (In millions, except per-share data)
                                
                                 
                                          Three Months Ended   Nine Months Ended
                                             September 30,        September 30,
                                            1997      1996      1997       1996
                                            ----      ----      ----       ----
Primary:

Net income                                  $46.4    $41.2     $98.6     $23.5

Weighted average common shares outstanding  144.63   144.26    144.52    144.11

Incremental shares:
     Stock plans                              4.33     2.02      3.67      1.96
                                              ----     ----      ----      ----


Adjusted average common shares outstanding  148.96   146.28    148.19    146.07

Primary earnings per share                   $0.31    $0.28     $0.67     $0.16
                                             =====    =====     =====     =====


Fully Diluted:

Net income                                  $46.4    $41.2     $98.6     $23.5

Weighted average common shares outstanding  144.63   144.26    144.52    144.11

Incremental shares:
     Stock plans                              4.87    2.13       4.87      2.13
                                              ----    ----       ----      ----


Adjusted average common shares outstanding  149.50   146.39    149.39    146.24

Fully diluted earnings per share             $0.31    $0.28     $0.66     $0.16
                                             =====    =====     =====     =====


Common stock equivalents are not materially dilutive and, accordingly, 
have not been considered in the computation of per-share earnings which 
appears on the Consolidated Statements of Income.
**Exhibit 10.10****Compensation Arrangements with Bradley J. Gregory**     Georgia-Carolina Bancshares, Inc. (the “Company”) does not have a written employment agreementwith Bradley J. Gregory, Senior Vice President and Chief Financial Officer of the Company. Mr.Gregory receives an annual salary of $130,000 per year (2008) with an annual incentive planenabling him to earn an additional $20,000. Mr. Gregory earned a bonus of $7,600 for 2007 underthe plan. Mr. Gregory will be eligible for annual stock option grants as determined by the Boardof Directors of the Company, and received an initial option grant to purchase 3,000 shares. Inaddition, Mr. Gregory is entitled to the following fringe benefits: medical, dental, life anddisability insurance, and he may participate in the Company’s 401(k) plan after one year ofservice.     Mr. Gregory has entered into a Severance Protection Agreement with the Bank, which entitleshim to certain payments following a change in control of the Company. The Severance ProtectionAgreement was filed with the Company’s Current Report on Form 8-K dated August 24, 2006 as Exhibit10.1
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                         505,385
<INT-BEARING-DEPOSITS>                       2,188,323
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    644,325
<INVESTMENTS-CARRYING>                       2,721,789
<INVESTMENTS-MARKET>                         2,705,879
<LOANS>                                     52,940,567
<ALLOWANCE>                                    118,000
<TOTAL-ASSETS>                              59,897,657
<DEPOSITS>                                  43,486,369
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                          1,046,242
<LONG-TERM>                                    261,375
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        10,000
<OTHER-SE>                                  15,093,671
<TOTAL-LIABILITIES-AND-EQUITY>              59,897,657
<INTEREST-LOAN>                              3,016,521
<INTEREST-INVEST>                              120,480
<INTEREST-OTHER>                                69,757
<INTEREST-TOTAL>                             3,206,258
<INTEREST-DEPOSIT>                           1,586,437
<INTEREST-EXPENSE>                           1,600,480
<INTEREST-INCOME-NET>                        1,605,778
<LOAN-LOSSES>                                   18,000
<SECURITIES-GAINS>                             281,616
<EXPENSE-OTHER>                              1,043,534
<INCOME-PRETAX>                                863,794
<INCOME-PRE-EXTRAORDINARY>                     863,794
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   564,056
<EPS-PRIMARY>                                      .61
<EPS-DILUTED>                                      .61
<YIELD-ACTUAL>                                    3.70
<LOANS-NON>                                    340,000
<LOANS-PAST>                                   539,000
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                               100,000
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                              118,000
<ALLOWANCE-DOMESTIC>                           118,000
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
* Pursuant to Local 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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-40839

Conference Calendar

__________________

UNITED STATES OF AMERICA,

 Plaintiff-Appellee,

versus

B. A. WILCOXSON, III,

 Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 4:95-CR-9

- - - - - - - - - -

August 20, 1996

Before KING, DUHÉ, and DeMOSS, Circuit Judges.

PER CURIAM:*

 B. A. Wilcoxson, III, appeals his sentence in a guilty-plea

conviction for possession of counterfeited securities in

violation of 18 U.S.C. § 513. He argues that the district court

erred in considering the dismissed charges as relevant conduct

for sentencing purposes and finding that the offense conduct

involved more than minimal planning. We have reviewed the record

and the briefs of the parties and hold that the findings of the
No. 95-40839

-2-

district court are not clearly erroneous. See United States v.

Vital, 68 F.3d 114, 117-18 (5th Cir. 1995); United States v.

Clements, 73 F.3d 1330, 1340-41 (5th Cir. 1996).

 AFFIRMED.
IN RE M.K.B.

No. COA07-1044.

Court of Appeals of North Carolina.

Filed January 15, 2008.

Certification Date February 4, 2008.

Appeal from Mecklenburg (06JT449).

Case reported without published opinion. Affirmed.
STATE v. SANDERS

No. COA06-91.

North Carolina Court of Appeals.

Filed January 16, 2007.

Certification Date February 5, 2007.

Appeal from Wake (02CRS108496, 02CRS108497, 02CRS108498).

Case reported without published opinion. No error.
II 

110TH CONGRESS 

2D SESSION S. 3658 

To require the accreditation of English language training programs, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 30 (legislative day, SEPTEMBER 17), 2008 

Mr. CARPER introduced the following bill; which was read twice, considered, 

read the third time, and passed 

A BILL 

To require the accreditation of English language training 

programs, 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. ACCREDITATION OF ENGLISH LANGUAGE 

4 TRAINING PROGRAMS. 

5 (a) IN GENERAL.—Section 101(a) of the Immigra6 tion and Nationality Act (8 U.S.C. 1101(a)) is amended— 

7 (1) in paragraph (15)(F)(i), by striking ‘‘a lan8 guage’’ and inserting ‘‘an accredited language’’; and 

9 (2) by adding at the end the following: 


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2 

•S 3658 CPS

1 ‘‘(52) The term ‘accredited language training pro2 gram’ means a language training program that is accred3 ited by an accrediting agency recognized by the Secretary 

4 of Education.’’. 

5 (b) EFFECTIVE DATE.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), the amendments made by subsection (a) 

8 shall— 

9 (A) take effect on the date that is 180 

10 days after the date of the enactment of this 

11 Act; and 

12 (B) apply with respect to applications for 

13 a nonimmigrant visa under section 

14 101(a)(15)(F)(i) of the Immigration and Na15 tionality Act (8 U.S.C. 1101(a)(15)(F)(i)) that 

16 are filed on or after the effective date described 

17 in subparagraph (A). 

18 (2) TEMPORARY EXCEPTION.— 

19 (A) IN GENERAL.—Notwithstanding sec20 tion 101(a)(15)(F)(i) of the Immigration and 

21 Nationality Act, as amended by subsection (a), 

22 during the 3-year period beginning on the date 

23 of the enactment of this Act, an alien seeking 

24 to enter the United States to pursue a course 

25 of study at a language training program that 


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3 

•S 3658 CPS

1 has been certified by the Secretary of Home2 land Security and has not been accredited or 

3 denied accreditation by an entity described in 

4 section 101(a)(52) of such Act may be granted 

5 a nonimmigrant visa under such section 

6 101(a)(15)(F)(i). 

7 (B) ADDITIONAL REQUIREMENT.—An 

8 alien may not be granted a nonimmigrant visa 

9 under subparagraph (A) if the sponsoring insti10 tution of the language training program to 

11 which the alien seeks to enroll does not— 

12 (i) submit an application for the ac13 creditation of such program to a regional 

14 or national accrediting agency recognized 

15 by the Secretary of Education within 1 

16 year after the date of the enactment of this 

17 Act; and 

18 (ii) comply with the applicable accred19 iting requirements of such agency. 

Æ 


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IN RE AM.

No. COA05-937.

North Carolina Court of Appeals.

Filed May 16, 2006.

Certification Date June 5, 2006.

Case without published opinion. Affirmed.
IN RE C.E.M.

COA06-221.

Court of Appeals of North Carolina.

Filed November 7, 2006.

Certification Date November 27, 2006.

Appeal from the Johnston (05J85).

Case reported without published opinion. Affirmed.
**Exhibit 99.3**

**CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER**

**PURSUANT TO SECTION 906 OF SARBANES – OXLEY ACT OF 2002**

     In connection with the accompanying Quarterly Report on Form 10-Q of Selkirk Cogen Funding Corporation for the quarter ended March 31, 2003, I, P. Chrisman Iribe, President of Selkirk Cogen Funding Corporation, hereby certifypursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:

| (1)    |   | such Quarterly Report on Form 10-Q for the quarter ended March 31, 2003 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 Quarterly Report on Form 10-Q for the quarter ended March 31, 2003, fairly presents, in all material respects, the financial condition and results of operations of Selkirk Cogen Funding Corporation. |
|        |        |                                                                                                                                                                                                                                               |

| May 14, 2003 |   | /s/ P. CHRISMAN IRIBE P. Chrisman Iribe President

Selkirk Cogen Funding Corporation |
|--------------|--------|--------------------------------------------------------------------------------------|

 

A signed original of this written statement required by Section 906 has been provided to Selkirk Cogen Funding Corporation and will be retained by Selkirk Cogen Funding Corporation and furnished to the Securities and Exchange Commission or its staff uponrequest.