alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
                                                                      Exhibit 11
                           Essential Resources, Inc.

                       Computation of Per Share Earnings

<TABLE>
<S>                                                                                        <C>                <C>
WEIGHTED SHARES OUTSTANDING:
                                                                                                               Fully
SHARES OUTSTANDING January 1, 1996 to May 31, 1996    1,259,529 x 5 months = 6,297,645       Primary           Diluted
                                                                                             -------           -------
SHARES OUTSTANDING June 1, 1996 to June 30, 1996      1,140,198 x 1 month  = 1,140,198
                                                                             ---------
                                                                             7,437,843 / 6 = 1,239,640        1,239,640
                                                                                             x       2(1)     x       2(1)
                                                                                             ---------        ---------
                                                                                             2,479,280        2,479,280

EQUIVALENT SHARES:

April 1, 1996 To June 30, 1996 - AVERAGE OUTSTANDING                                           771,961(1)       771,961(1)
                                                                                             ---------        ---------
                                                                                             3,251,241(1)     3,251,241(1)
                                                                                             =========        =========

                                                                            Net Income       $ 293,196        $ 293,196
                                                                            Interest addback    36,553           36,338
                                                                                             ---------        ---------
                                                                                             $ 329,749        $ 329,534
                                                                                             =========        ========= 

                                                                            Per Share        $  0.1014        $  0.1013
                                                                                             =========        =========
</TABLE>

(1) Reflects two-for-one stock split effective August 26, 1996.
[Federal Register Volume 60, Number 37 (Friday, February 24, 1995)]
[Notices]
[Pages 10418-10419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4624]



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

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration


Florida East Coast Railway Company; Public Hearing

[RS&I-AP-No. 1094]
    The Florida East Coast Railway Company (FEC) has petitioned the 
Federal Railroad Administration (FRA) seeking relief from the 
requirements of the Rules, Standards and Instructions, title 49 CFR, 
part 236, Sec. 236.566, to the extent that FEC be permitted to operate 
foreign line nonequipped locomotives, in automatic train control (ATC) 
territory, in accordance with Centralized Traffic Control System rules 
as defined by FEC Operating Rules and title 49 CFR, part 236, 
Sec. 236.567.
    This proceeding is identified as FRA Rules, Standards and 
Instructions Application (RS&I-AP) Number 1094.
    The FRA has issued a public notice seeking comments of interested 
parties and has conducted a field investigation in this matter. After 
examining the carrier's proposal and the available facts, the FRA has 
determined that a public hearing is necessary before a final decision 
is made on this proposal.
    Accordingly, a public hearing is hereby set for 10 a.m. on 
Thursday, April 27, 1995, in the Saint Johns County Auditorium, located 
at 420 Lewis Speedway, Saint Augustine, Florida. Interested parties are 
invited to present oral statements at the hearing.
    The hearing will be an informal one and will be conducted in 
accordance with Rule 25 of the FRA Rules of Practice (title 49 CFR part 
211.25), by a representative designated by the FRA.
    The hearing will be a nonadversary proceeding and, therefore, there 
will be no cross-examination of persons presenting statements. The FRA 
representative will make an opening statement outlining the scope of 
the hearing. After all initial statements have been completed, those 
persons wishing to make brief rebuttal statements will be given the 
opportunity to do so in the same order in which they made their initial 
statements. Additional procedures, if necessary for the conduct of the 
hearing, will be announced at the hearing.

    [[Page 10419]] Issued in Washington, D.C. on February 15, 1995.
Phil Olekszyk,
Acting Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 95-4624 Filed 2-23-95; 8:45 am]
BILLING CODE 4910-06-M
#### ROSE M. HEAD v. PRUDENTIAL INSURANCE COMPANY.

(Filed 20 May, 1936.)

Compromise and Settlement B t> — Compromise agreement held to preclude recovery hy plaintiff under facts of this case.

After the absence of insured for over seven years without being heard from, the beneficiary, who had kept the policy in force by paying premiums, agreed with insurer to accept the cash surrender value of the policy with the privilege of reopening the case in the event the beneficiary could ever prove insured died prior to the lapsing of the contract. *Held:*The compromise agreement precludes the beneficiary from reopening the case except upon proof of actual rather than presumptive death.

Appeal by plaintiff from *P'less, J.,*at November Term, 1935, of Guileord.

Civil action to recover on $4,000 policy of insurance issued by defendant 30 December, 1910, on life of Frank M. Head, and made payable to plaintiff as beneficiary.

In 1915 tke insured disappeared. The plaintiff paid the premiums until 30 December, 1923, when the policy lapsed,- provided the insured was then living. Plaintiff insisted the insured was presumably dead and demanded payment' of the policy. Defendant denied death of insured, but agreed to pay, in compromise settlement, the cash surrender value of the policy, $1,341.35, with privilege to plaintiff “of reopening the case in the event you can ever prove death occurred prior to the lapsing of the contract.” This offer was accepted 30 April, 1925.

*204In 1934, the plaintiff attempted to reopen the matter and instituted this action, but offered only the presumptive evidence of death, which existed at the time of the compromise settlement.

From directed verdict and judgment for defendant, accordant with terms of compromise settlement, the plaintiff appeals, assigning errors.

*G. G. Barnhardt and Frazier ■& Frazier for plaintiff.*

*Brown & Troiier and Smith, Wharton & Hudgins for defendant.*

Per Curiam.

The trial court correctly interpreted the privilege, accorded plaintiff in the compromise settlement, to mean that the matter could be reopened upon actual, rather than presumptive, proof of death prior to 30 December, 1923. *Lewis v. Lewis,*185 N. C., 5, 115 S. E., 885. Plaintiff’s interpretation of the agreement would render the settlement meaningless.

No error.
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>

This  schedule  contains summary   financial   information  extracted  from  the
consolidated  financial  statements  of Florida  Banks,  Inc.  for the six month
period  from  January 1, 1998  through  June 30,  1998 and is  qualified  in its
entirety by reference to such financial statements.

</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                       1,915,823
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                             8,665,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 10,455,232
<INVESTMENTS-CARRYING>                         291,850
<INVESTMENTS-MARKET>                                 0
<LOANS>                                     35,371,623
<ALLOWANCE>                                    527,153
<TOTAL-ASSETS>                              59,515,987
<DEPOSITS>                                  44,377,702
<SHORT-TERM>                                 8,552,895
<LIABILITIES-OTHER>                                  0
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     2,065,000
<OTHER-SE>                                   4,520,000
<TOTAL-LIABILITIES-AND-EQUITY>              59,515,987
<INTEREST-LOAN>                              1,676,700
<INTEREST-INVEST>                              320,296
<INTEREST-OTHER>                               177,439
<INTEREST-TOTAL>                             2,174,435
<INTEREST-DEPOSIT>                           1,015,598
<INTEREST-EXPENSE>                           1,182,898
<INTEREST-INCOME-NET>                          991,537
<LOAN-LOSSES>                                   30,000
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                              1,154,220
<INCOME-PRETAX>                                 75,139
<INCOME-PRE-EXTRAORDINARY>                      75,139
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    46,589
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<YIELD-ACTUAL>                                       0
<LOANS-NON>                                    415,000
<LOANS-PAST>                                   216,503
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                  5,250
<ALLOWANCE-OPEN>                               481,463
<CHARGE-OFFS>                                        0
<RECOVERIES>                                    15,690
<ALLOWANCE-CLOSE>                              527,153
<ALLOWANCE-DOMESTIC>                           527,153
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
117TH CONGRESS 

2D SESSION S. 3785 

AN ACT 

To amend title 49, United States Code, to eliminate the 

restriction on veterans concurrently serving in the Offices 

of Administrator and Deputy Administrator of the Federal Aviation Administration. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 3785 ES

1 SECTION 1. REMOVAL OF RESTRICTION ON VETERANS 

2 CONCURRENTLY SERVING IN THE OFFICES 

3 OF ADMINISTRATOR AND DEPUTY ADMINIS4 TRATOR OF THE FEDERAL AVIATION ADMIN5 ISTRATION. 

6 Section 106(d)(1) of title 49, United States Code, is 

7 amended by striking ‘‘, a retired regular officer of an 

8 armed force, or a former regular officer of an armed 

9 force’’. 

Passed the Senate April 7, 2022. 

Attest: 

Secretary. 

117TH CONGRESS 

2D SESSION S. 3785 

AN ACT 

To amend title 49, United States Code, to eliminate 

tion. ministrator of the Federal Aviation Administrain the Offices of Administrator and Deputy Adthe restriction on veterans concurrently serving
Long-Range 

Actuarial 

Balance

Annual 

Balance in 

75th Year

Long-Range 

Actuarial 

Balance

Annual Balance 

in 75th Year

Long-Range 

Actuarial 

Balance

B

7

-1.70% -4.20% 0.51% 0.00% -1.19% 

Estimates based on the intermediate assumptions of the 2008 Trustees Report Office of the Chief A

July 16, 2008

Summary Measures and Graphs

Category of Change: Trust Fund Investment in Equities

Proposed Provision: Invest 40 percent of the Trust Funds in equities (phased in 2009-2023ultimate 5.4 percent real rate of return on equities

Present Law Change From Present Law in Results with this 

OASDI Cost Rates and Income Rates

(as a percentage of taxable payroll)

0.02.04.06.08.0

10.012.014.016.018.020.0

2008 2018 2028 2038 2048 2058 2068 2078

Year

Percent

Cost rates with this provisionCost rates under present lawIncome rates with this provisionIncome rates under present law

OASDI Trust Fund Ratio

 (assets as a percentage of annual expe

0

100200300400500600700800900

1000

2008 2018 2028 2038 2048 2058 

Year

Percent

Present law With this p
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH 

	NO. 2-04-359-CV

IN RE THE FINISH LINE, INC.	RELATOR

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

	ORIGINAL PROCEEDING

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

	MEMORANDUM OPINION1

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

	The court has considered relator’s petition for writ of mandamus and is of the opinion that relief should be denied.  Accordingly, relator’s petition for writ of mandamus is denied.

	The court has also considered the motions for admission pro hac vice of relator’s nonresident counsel, Kenneth J. Yerkes and Stephanie A.H. Blackman.  These motions are denied for failure to pay the fee required for participation in the proceedings of this cause before the court.  See Tex. Gov’t Code Ann. § 82.0361 (Vernon Supp. 2004-05); Tex. R. Govern. Bar Adm’n XIX (West 2004).

	Relator shall pay all costs of this original proceeding, for which let execution issue.

								PER CURIAM

PANEL A: MCCOY, LIVINGSTON, and GARDNER, JJ.

DELIVERED: December 9, 2004
```

[Federal Register Volume 60, Number 29 (Monday, February 13, 1995)]
[Notices]
[Page 8255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3504]

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

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

Music Advisory Panel; Notice of Meeting

    Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act 
(Public Law 92-463), as amended, notice is hereby given that a meeting 
of the Music Advisory Panel (Overview/Composer in Residence Section) to 
the National Council on the Arts will be held on February 22-23, 1995 
from 10 a.m. to 5:30 p.m. on February 22 and from 9 a.m. to 5:30 p.m. 
on February 23, 1995. This meeting will be held in Room M-14, at the 
Nancy Hanks Center, 1100 Pennsylvania Avenue NW., Washington, DC 20506.
    Portions of this meeting will be open to the public from 10 a.m. to 
5:30 p.m. on February 22 for orientation and opening remarks; an 
overview of Music Program categories and categories supporting composer 
activities; a statement from the Director of the Music Program; a 
question and answer period; a session to identify the needs of the 
composer; a discussion of the Millenium Projects, and guidelines 
development. On February 23, open sessions will be held from 9 a.m. to 
12 p.m. for guidelines development and from 4:30 p.m. to 5:30 p.m. for 
policy discussion and guideline review.
    The remaining portion of this meeting from 1 p.m. to 4:30 p.m. on 
February 23 is for the purpose of Panel review, discussion, evaluation, 
and recommendation on applications for financial assistance under the 
National Foundation on the Arts and the Humanities Act of 1965, as 
amended, including information given in confidence to the agency by 
grant applicants. In accordance with the determination of the Chairman 
of February 8, 1994, this session will be closed to the public pursuant 
to subsection (c)(4), (6) and (9)(B) of section 552b of Title 5, United 
States Code.
    Any person may observe meetings, or portions thereof, of advisory 
panels which are open to the public, and may be permitted to 
participate in the panel's discussions at the discretion of the panel 
chairman and with the approval of the full-time Federal employee in 
attendance.
    If you need special accommodations due to a disability, please 
contact the Office of Special Constituencies, National Endowment for 
the Arts, 1100 Pennsylvania Avenue NW., Washington, DC 20506, 202/682-
5532, TYY 202/682-5496, at least seven (7) days prior to the meeting.
    Further information with reference to this meeting can be obtained 
from Ms. Yvonne Sabine, Committee Management Officer, National 
Endowment for the Arts, Washington, DC 20506, or call 202/682-5439.

Yvonne M. Sabine,
Director, Office of Council and Panel Operations, National Endowment 
for the Arts.
[FR Doc. 95-3504 Filed 2-10-95; 8:45 am]
BILLING CODE 7537-01-M
```
[Federal Register Volume 60, Number 5 (Monday, January 9, 1995)]
[Notices]
[Page 2395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-399]



=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention

Advisory Committee to the Director, Centers for Disease Control 
and Prevention: Meeting
    In accordance with section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463), the Centers for Disease Control and 
Prevention (CRC) announces the following committee meeting.

    Name: Advisory Committee to the Director, CDC.
    Time and date: 8:30 a.m.-3 p.m., January 27, 1995.
    Place: CDC, Auditorium A, 1600 Clifton Road, NE., Atlanta, 
Georgia 30333.
    Status: Open to the public, limited only by the space available.
    Purpose: This committee advises the Director, CDC, on policy 
issues and broad strategies that will enable CDC, the Nation's 
prevention agency, to fulfill its mission of promoting health and 
quality of life by preventing and controlling disease, injury, and 
disability. The committee recommends ways to incorporate prevention 
activities more fully into health care. It also provides guidance to 
help CDC work more effectively with its various constituents, in 
both the private and public sectors, to make prevention a practical 
reality.
    Matters to be discussed: The agenda will include updates from 
CDC Director, David Satcher, M.D., Ph.D., followed by committee 
discussion on health communication at CDC, reorganization of HIV/
AIDS activities, the CDC foundation, and plans for a CDC museum. The 
remainder of the meeting will be used for a committee discussion on 
CDC's options for improving grant program implementation. Agenda 
items are subject to change as priorities dictate.
    Contact person for more information: Martha F. Katz, Executive 
Secretary, Advisory Committee to the Director, CDC, 1600 Clifton 
Road, NE., Mailstop D-23, Atlanta, Georgia 30333, telephone 404/639-
3243.

    Dated: January 3, 1995.
William H. Gimson,
Acting Associate Director for Policy Coordination, Centers for Disease 
Control and Prevention (CDC).
[FR Doc. 95-399 Filed 1-6-95; 8:45 am]
BILLING CODE 4163-18-M
#### A. W. WOOD v. OLA P. SEWARD and M. C. SEWARD.

(Filed 4 May, 1960.)

Appeal and Error § 19—

Appeal dismissed on authority of *Sunt v. Davis,*248 N.O. 69 for failure properly to group the exceptions.

Appeal by plaintiff from an order of *Gwyn, J.,*February 22, 1960 Civil Term, of Guilford (High Point Division).

This action was begun to recover damages resulting from an alleged breach of contract. A judgment by default and inquiry was rendered by the clerk. Defendants gave notice of an intent to move to vacate the judgment because of excusable neglect. The motion was not made at the time fixed in the notice. Judge Thompson, without a hearing and before the motion was filed, rendered judgment refusing to set the default judgment aside. Thereafter defendants filed their motion to set aside the default judgment for excusable neglect and to set aside the judgment rendered by Judge Thompson for irregularity. These motions were heard by Judge Gwyn. He made extensive findings of fact and on his findings concluded the judgment rendered by Judge Thompson was irregular, defendants had a good and meri*485torious defense, and the failure to file an answer in due time was due to excusable neglect. Based on his findings he vacated both judgments. Plaintiff took exceptions to the findings of fact andi conclusions of law and appealed.

*Schoch and Schoch for plaintiff, appellant*

*Robert S. Cahoon for defendant, appellees.*

PeR Curiam.

Plaintiff groups his exceptions in substantially the same manner condemned in *Hunt v. Davis,*248 N.C. 69, 102 S.E. 2d 405. For the reasons there given, the appeal is Dismissed.
Exhibit No. 10.1

Tandem Merit Bonus
Plan Agreement

This
Merit Bonus Plan supplements the United Retail Group, Inc. Incentive Compensation
(IC) Plan for selected incumbent Senior Vice Presidents, Vice Presidents and
Directors (as of the beginning of the fiscal year in question) whose activities support
the Companys line executives. Those eligible to participate, as selected by the
Chairman of the Board, support the product directors, planners, designers, marketing
executives, and sales executives of the business. The purpose of this Merit Bonus Plan is
to provide appropriate financial incentives to key executives whose support of the other
executives who drive sales is essential to the success of the business.

The Merit Bonus Plan shall operate in the following manner.

- The Chairman of the Board of United Retail Group, Inc. and his designees shall assign operational performance goals and
              projects for a fiscal year to each participant; all performance goals and projects shall have measurable completion
              criteria and fixed deadlines.
- The Chairman shall be authorized in his sole discretion to make cash bonus awards for a fiscal year to participants who
              successfully achieve their assigned performance goals and complete projects on time.
- The amount of each award shall reflect, among other things, the difficulty of the specific and measurable performance goals
              achieved and the specific projects completed, the degree of success, the positive effect on annual consolidated
              operating results and the general job performance of the participant, provided, however, that in the event an annual
              operating loss shall be incurred, any award shall be in the Chairman's sole discretion.
- The merit bonus award to each participant for a fiscal year shall not exceed the remainder of (i) the equivalent of the
              amount that would be payable to the participant under the IC Plan in the event 40% of the 100% target operating income
              is achieved in both seasons in the fiscal year, minus (ii) the amount actually paid to the participant for both seasons
              under the IC Plan, either in accordance with its terms or as a guaranteed minimum payment as part of a hiring package
              for a newly employed participant.
- For example, if two seasonal IC payouts are actually made based on achieving the 20% operating income target, the maximum
              annual merit bonus to a participant would be equal to the two IC payouts combined.
- Merit bonus awards shall be subject to withholding taxes.
- To earn a merit bonus, the participant shall be employed by the Company or shall be on military leave of absence, at the
              time of the first meeting of the Compensation Committee of the Company's Board of Directors following the fiscal year in
              question.

|                            |                                                          
|--------------------------- | ---------------------------------------------------------
|Dated: February _____, 2004 | __________(Please Sign)__________(Please print your name)