alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>

THIS  SCHEDULE  CONTAINS  A SUMMARY  FINANCIAL  INFORMATION  EXTRACTED  FROM THE
REGISTRANT'S  AUDITED  CONSOLIDATED  BALANCE  SHEET  AS OF  MARCH  31,1999 AND
UNAUDITED  CONSOLIDATED  STATEMENT OF OPERATIONS FOR THE THREE MONTHS THEN ENDED
AND IS QUALIFIED IN ITS  ENTIRETY BY  REFERENCE  TO SUCH  FINANCIAL  STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>               DEC-31-1999
<PERIOD-START>                  JAN-01-1999
<PERIOD-END>                    MAR-31-1999
<CASH>                                    0
<SECURITIES>                              0
<RECEIVABLES>                       264,372
<ALLOWANCES>                          4,177
<INVENTORY>                       1,636,071
<CURRENT-ASSETS>                  2,166,225
<PP&E>                            2,254,141
<DEPRECIATION>                      518,212
<TOTAL-ASSETS>                    5,114,000
<CURRENT-LIABILITIES>             5,484,158
<BONDS>                                   0
<PREFERRED-MANDATORY>                     0
<PREFERRED>                           5,000
<COMMON>                            128,493
<OTHER-SE>                       18,115,261
<TOTAL-LIABILITY-AND-EQUITY>      5,114,000
<SALES>                             836,660
<TOTAL-REVENUES>                    856,170
<CGS>                               537,181
<TOTAL-COSTS>                       896,377
<OTHER-EXPENSES>                          0
<LOSS-PROVISION>                          0
<INTEREST-EXPENSE>                  154,682
<INCOME-PRETAX>                    (214,399)
<INCOME-TAX>                              0
<INCOME-CONTINUING>                (214,399)
<DISCONTINUED>                            0
<EXTRAORDINARY>                           0
<CHANGES>                                 0
<NET-INCOME>                       (214,399)
<EPS-PRIMARY>                           (0.13)
<EPS-DILUTED>                         (0.13)
        

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

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-Q 
FOR THE QUARTER ENDED SEPTEMBER 30, 1997. AND IS QUALIFIED IN ITS ENTIRETY BY 
REFERENCE TO SUCH FINANCIAL STATEMENTS AND NOTES THERETO.
</LEGEND>
<MULTIPLIER>                                     1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-1998
<PERIOD-START>                             APR-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           1,108
<SECURITIES>                                     3,096
<RECEIVABLES>                                   19,680
<ALLOWANCES>                                       581
<INVENTORY>                                      4,075
<CURRENT-ASSETS>                                   394
<PP&E>                                          28,039
<DEPRECIATION>                                   7,335
<TOTAL-ASSETS>                                  75,740
<CURRENT-LIABILITIES>                           17,697
<BONDS>                                         19,655
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      3,894
<COMMON>                                         3,319
<OTHER-SE>                                      29,489
<TOTAL-LIABILITY-AND-EQUITY>                    75,740
<SALES>                                         57,181
<TOTAL-REVENUES>                                57,181
<CGS>                                           43,270
<TOTAL-COSTS>                                   52,727
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 981
<INCOME-PRETAX>                                  3,933
<INCOME-TAX>                                     1,379
<INCOME-CONTINUING>                              2,757
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,757
<EPS-PRIMARY>                                      .73
<EPS-DILUTED>                                      .73
        

</TABLE>
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Criminal No. 05-cr-057-01-JD

Gordon Reid

SEALED ORDER

Defendant moves for an advance of $300.00 to pay for

telephone charges he anticipates making for calls to his

investigator, expert(s) and witnesses. There is a split in

authority as to whether a pro se defendant is even entitled to

reimbursement of any expenses under 18 U.S.C. § 3006A(d)(1). See

United States v. Feldman, 788 F.2d 625, 626 (9th Cir. 1986)

(permitting reimbursement); United States v. McElhiney, 369 F.3d

1168, 1170 (10th Cir. 2004), cert. denied, 541 U.S. 1055 (2004)

and Green v. United States, 323 F.3d 1100, 1104 (8th Cir. 2003)

(denying reimbursement). While to date this court has followed

Feldman and allowed reimbursement payment of investigation costs,

there is no authority in the CJA for advances. In fact, 31

U.S.C. § 3324(b) appears to prohibit advances of funds except in

situations not applicable here. 

Defendant’s motion (document no. 38) is denied. Stand-by

Case 1:05-cr-00057-SM Document 40 Filed 11/10/05 Page 1 of 2
2

counsel may seek reimbursement of charges. 

SO ORDERED.

____________________________________

James R. Muirhead

United States Magistrate Judge

Date: November 10, 2005

cc: Gordon Reid, pro se

Case 1:05-cr-00057-SM Document 40 Filed 11/10/05 Page 2 of 2
EXHIBIT 11


The following presents the computation of per share earnings reflecting the
assumption that the granted shares under the 1988 Stock Option Plan will be
exercised.

<TABLE>
<CAPTION>
(IN THOUSANDS EXCEPT PER SHARE DATA)
                                                             Third Quarter             First Nine Months
                                                             -------------             -----------------
                                                           1999          1998          1999          1998
                                                           ----          ----          ----          ----
<S>                                                     <C>           <C>           <C>           <C>
Net Earnings                                            $  3,744      $  3,735      $ 10,157      $  9,305
                                                       ========================    ========================

Weighted average common shares outstanding                 7,344         7,357         7,350         7,357

Common share equivalents relating to stock options             1             1             1             1


                                                       ------------------------    ------------------------
Adjusted common and common equivalent
   shares for computation                                  7,345         7,358         7,351         7,358
                                                       ========================    ========================

Net earnings per share:
     Basic                                              $   0.51      $   0.50      $   1.38      $   1.26
                                                       ========================    ========================
     Diluted                                            $   0.51      $   0.50      $   1.38      $   1.26
                                                       ========================    ========================
</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
CONSOLIDATED BALANCE SHEET AT 3/31/97 AND CONSOLIDATED STATEMENT OF
OPERATIONS FOR THE 3 MONTHS ENDED 3/31/97 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                             607
<SECURITIES>                                    26,336
<RECEIVABLES>                                    6,661
<ALLOWANCES>                                       274
<INVENTORY>                                      7,837
<CURRENT-ASSETS>                                43,046
<PP&E>                                          16,094
<DEPRECIATION>                                  10,450
<TOTAL-ASSETS>                                  67,943
<CURRENT-LIABILITIES>                           15,829
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          1
<COMMON>                                            38
<OTHER-SE>                                      32,684
<TOTAL-LIABILITY-AND-EQUITY>                    67,943
<SALES>                                         13,705
<TOTAL-REVENUES>                                13,705
<CGS>                                            9,884
<TOTAL-COSTS>                                    9,884
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  2,123
<INCOME-TAX>                                        52
<INCOME-CONTINUING>                              2,007
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,007
<EPS-PRIMARY>                                      .48
<EPS-DILUTED>                                      .48
        

</TABLE>
#### The State, ex rel. Patton, *v.*Myers, Secy. of State.

(No. 24289

Decided September 20, 1933.)

*Mr. Robert N. Gorman,*for relator.

*Mr. John W. Brielcer,*attorney general, and *Mr. William 8. Evatt,*for respondent.

By the Court

(Allen, J.).

This case has previously been heard upon demurrer to the petition. *(Ante,*95.) Thereafter a restraining order denominated a “temporary writ of prohibition” was applied for and granted by the court, and a motion has now been filed to vacate this temporary restraining order, to vacate the entry of July 12, 1933, overruling the demurrer, and to dismiss the petition of relator.

A motion has also been filed by the relator to strike the answer of the defendant from the files. A motion has likewise been filed to make new parties defendant. The defendant having filed an answer, a demurrer has been filed to such answer.

The court, upon consideration of the briefs and the record and the arguments of counsel, overrules the motion to strike the answer of the defendant from the files, and overrules the motion to make new parties defendant. The demurrer to the answer presents substantially the same legal question involved in the ruling upon the demurrer to the petition. The court adheres to its former judgment. The demurrer to the answer is sustained. The motion to vacate the entry overruling the demurrer to the petition is overruled. The motion to dismiss the petition of the relator is overruled. Under Article II, Section lc, of the Ohio Constitution, a single referendum petition may not be *170filed attacking two or more separate and distinct laws passed by the G-eneral Assembly.

The writ will be allowed as prayed for in the petition.

*Writ allowed.*

Weygandt, C. J., Day, Allen, Stephenson, Jones and Matthias, JJ., concur.

Bevis, J., not participating.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND> This schedule contains summary financial information extracted from
the Form 10-Q for the three months ended March 31, 2000 and is qualified in its
entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                         DEC-31-2000
<PERIOD-START>                            JAN-01-2000
<PERIOD-END>                              MAR-31-2000
<CASH>                                          9,601
<SECURITIES>                                        0
<RECEIVABLES>                                       0
<ALLOWANCES>                                        0
<INVENTORY>                                         0
<CURRENT-ASSETS>                                    0
<PP&E>                                      5,411,314
<DEPRECIATION>                                328,244
<TOTAL-ASSETS>                              5,444,468
<CURRENT-LIABILITIES>                               0
<BONDS>                                     2,042,695
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                   296,154
<COMMON>                                      139,133
<OTHER-SE>                                  2,173,677
<TOTAL-LIABILITY-AND-EQUITY>                5,444,468
<SALES>                                       168,464
<TOTAL-REVENUES>                              177,016
<CGS>                                               0
<TOTAL-COSTS>                                  90,222
<OTHER-EXPENSES>                                9,395
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                             34,202
<INCOME-PRETAX>                                39,454
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                            39,454
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                   39,454
<EPS-BASIC>                                      0.28
<EPS-DILUTED>                                    0.28


</TABLE>
Exhibit 10.9

                  Assignment of Trademark to Old Whiskey River

                                   ASSIGNMENT

         WHEREAS, Alive Enterprises, Inc., a corporation organized and existing
under the laws of the State of Hawaii, United States of America, with a
principal place of business at 3264 South Kihei Road, Kihei, Maui, Hawaii 96753
("Assignor"), has adopted, used and is using in commerce, and is the owner of
the domain name(s) and trademark(s), including any applications or registrations
thereof, identified on the attached Schedule A (collectively, the "Assets"); and

         WHEREAS, Old Whiskey River Distilling Company LLC, a limited liability
company organized and existing under the laws of the State of Hawaii, United
States of America, with a principal place of business at 3264 South Kihei Road,
Kihei, Maui, Hawaii 96753, United States of America ("Assignee"), is desirous of
acquiring said Assets and the goodwill of the business associated therewith;

         NOW, THEREFORE, in consideration of and in exchange for the sum of Ten
Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Assignor does hereby agree as
follows:

         1. Assignor represents and warrants that it owns all right, title and
interest in and to the Assets, and had full power and authority to execute and
enter into this agreement on behalf of the Assignee.

         2. Assignor does hereby sell and assign unto the Assignee all right,
title and interest in and to said Assets, together with the good will of the
business connected with and symbolized by said Domain Name, and all the rights
for recovery, damages and profits for past infringements, if any.

         3. Assignor does hereby agree to cooperate with Assignee and take all
such action as may be necessary to assign from Assignor to Assignee the Assets,
including, without limitation, the full and complete execution of a Registrant
Name Change Agreement, or such other form as may be required by the particular
domain name registrar(s) and InterNIC to accomplish the same result, and to take
all action necessary to ensure that the Assets are transferred to and stand in
the name of Assignee.

/s/ Shep Gordon_____________________

/s/ J. Patrick Kenny__________________


                                       72
* Pursuant to 5TH CIR. 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 CIR. R. 47.5.4.

1

United States Court of Appeals

Fifth Circuit

FILED

June 2, 2006

Charles R. Fulbruge III

Clerk

UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

No. 04-30504

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

KREGLAN DEWAYNE GAINES,

Defendant-Appellant.

Appeal from the United States District Court

for the Middle District of Louisiana

(3:03-CR-132-2-B)

Before BARKSDALE, STEWART, and CLEMENT, Circuit Judges.

PER CURIAM:*

Kreglan Dewayne Gaines pleaded guilty to one count of

conspiracy to distribute, and to possess with intent to distribute,

more than five kilograms of cocaine and one count of conspiracy to

launder monetary instruments. He was sentenced, inter alia, to 420

months in prison. Gaines contends the district court erroneously

based his sentence on facts neither admitted by him nor found by
2

the jury. Our review is only for plain error because he failed to

object on this basis in district court. 

To establish plain error, Gaines must show a “clear” or

“obvious” error affected his substantial rights. E.g., United

States v. Castillo, 386 F.3d 632, 636 (5th Cir.), cert. denied, 543

U.S. 1029 (2004). Even then, we retain discretion to correct plain

error; we will generally do so only if the error “affects the

fairness, integrity, or public reputation of judicial proceedings”.

Id. The district court committed a clear or obvious error by

sentencing him pursuant to a mandatory application of the

Sentencing Guidelines and basing his sentence upon facts neither

admitted by him nor found by the jury. See United States v. Mares,

402 F.3d 511, 520 (5th Cir.), cert. denied, 126 S. Ct. 43 (2005).

Nevertheless, Gaines does not show he likely would have received a

more lenient sentence if the district court had acted under an

advisory sentencing scheme. See id. at 521. Therefore, he has not

shown the error affected his substantial rights. See id.

AFFIRMED
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

MEMORANDUM ORDER

Appellate case name: Allen Bernard Gims v. The State of Texas

Appellate case number: 01-14-00279-CR

Trial court case number: 1262460

Trial court: 176th District Court of Harris County

Appellant Allen Bernard Gims has filed a “Motion to Abate Appeal” requesting that this 

Court (1) abate this appeal for the trial court to enter findings of fact and conclusions of law 

regarding its denial of appellant’s pre-trial motion to suppress his recorded statement, and 

(2) order the trial court reporter to file a supplemental reporter’s record containing transcripts of 

the hearings on appellant’s motion to suppress. Since the filing of appellant’s motion, the trial 

court reporter has filed a supplemental reporter’s record of the suppression hearings. Although 

appellant asserts that “no findings of fact or conclusions of law have been filed as required by 

Art. 38.22, § 6” of the Code of Criminal Procedure, the supplemental reporter’s record contains 

the transcript of a December 11, 2012 hearing in which the trial court entered oral findings of 

fact and conclusions of law into the record. See State v. Cullen, 195 S.W.3d 696, 699 (Tex. Crim.

App. 2006) (“findings and conclusions need to be recorded in some way, whether written out and 

filed by the trial court, or stated on the record at the hearing”); Lee v. State, 964 S.W.2d 3, 11-12 

(Tex. App.—Houston [1st Dist.] 1997, pet. ref’d) (“The Court of Criminal Appeals and several 

appellate courts have all held that a trial court complies with article 38.22, section 6 when the 

judge dictates his findings of facts and conclusions of law to the court reporter and they are later 

transcribed as part of the statement of facts.”). Accordingly, the motion to abate is denied.

The supplemental record has been on file for nearly a month, and appellant’s brief is long 

overdue. Appellant is ordered to file his brief or a motion for brief extension of time within 

3 days of the date of this order.

It is so ORDERED.

Judge’s signature: /s/ Michael Massengale

 Acting individually 

Date: March 5, 2015
#### Frederick W. SPIRES, Appellant, v. C. Alexander SMITH and Naomi V. Smith, Appellees.

Supreme Court of Florida. Division A.

June 4, 1954.

PER CURIAM.

Affirmed.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>

 
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL  INFORMATION EXTRACTED FROM THE
REGISTRANT'S UNAUDITED CONSOLIDATED BALANCE SHEET AS OF SEPTEMBER 30, 1998 AND
UNAUDITED CONSOLIDATED STATEMENT OF OPERATIONS FOR THE NINE MONTHS THEN ENDED
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.

</LEGEND>

       

<S>               <C>
<PERIOD-TYPE>                                                 9-MOS
<FISCAL-YEAR-END>                                             DEC-31-1998
<PERIOD-START>                                                JAN-01-1998
<PERIOD-END>                                                  SEP-30-1998
<CASH>                                                        0
<SECURITIES>                                                  0
<RECEIVABLES>                                                 59,093
<ALLOWANCES>                                                  12,093
<INVENTORY>                                                   1,216,593
<CURRENT-ASSETS>                                              1,637,242
<PP&E>                                                        3,812,228
<DEPRECIATION>                                                1,938,212
<TOTAL-ASSETS>                                                4,778,865
<CURRENT-LIABILITIES>                                         3,919,314
<BONDS>                                                       287,000
<PREFERRED-MANDATORY>                                         0
<PREFERRED>                                                   5,000
<COMMON>                                                      128,893
<OTHER-SE>                                                    18,170,768
<TOTAL-LIABILITY-AND-EQUITY>                                  4,778,865
<SALES>                                                       2,296,591
<TOTAL-REVENUES>                                              2,296,591
<CGS>                                                         3,365,741
<TOTAL-COSTS>                                                 5,826,510
<OTHER-EXPENSES>                                              0
<LOSS-PROVISION>                                              0
<INTEREST-EXPENSE>                                            (233,463)
<INCOME-PRETAX>                                             (3,738,805)
<INCOME-TAX>                                                  0
<INCOME-CONTINUING>                                         (3,738,805)
<DISCONTINUED>                                                0
<EXTRAORDINARY>                                               0
<CHANGES>                                                     0
<NET-INCOME>                                                (3,738,805)
<EPS-PRIMARY>                                                    (2.37)
<EPS-DILUTED>                                                    (2.37)
        


</TABLE>