alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FOTOBALL USA, INC.
                         COMPUTATION OF EARNINGS PER SHARE

<TABLE>       
                                           12 MONTHS ENDED    12 MONTHS ENDED
                                         DECEMBER 31, 1997    DECEMBER 31, 1998
                                         ------------------  ------------------
<S>                                          <C>                <C>          
BASIC SHARES CALCULATION:

Reconciliation of weighted average
number of shares outstanding to amount
used in basic earnings per share
computation:

Weighted average number of shares outstanding   2,676,742         2,694,242

Net income (loss)                             $(2,796,932)       $  597,874
                                                ----------        ---------
BASIC EARNINGS PER SHARE                      $     (1.04)       $      .22
                                                ==========        ==========
DILUTED SHARES CALCULATION:

Reconciliation of weighted average number
of shares outstanding to amount used in
diluted earnings per share computation:

Weighted average number of shares outstanding   2,676,742         2,694,242

Add-shares issuable from assumed exercise of
options(1)                                             --            79,928

                                                2,676,742         2,774,170
                                               ----------         ---------
ADJUSTMENTS TO NET INCOME:

Net income (loss)                             $(2,796,932)       $  597,874
                                               ----------        ----------
DILUTED EARNINGS PER SHARE                    $     (1.04)       $      .22
                                               ==========        ==========
</TABLE>

(1)  The weighted average number of common share equivalents outstanding during
the twelve month period ended December 31, 1997 for the diluted share 
calculation is the same as basic because the exercise or conversion of any 
potential shares increases the number of shares inthe denominator and results
in a lower loss per share.  In that situation, the potential shares are 
antidilutive and not included in the Company's EPS calculation.
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**Exhibit 32.2**

**CERTIFICATION PURSUANT TO**

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

**AS ADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the quarterly report of The Newark Group, Inc. (the “Company”) on Form10-Q/A for the quarter ended October 31, 2005 filed with the Securities and Exchange Commission (the “Report”), I, Joseph E. Byrne, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that: 

(1) The Report fully complies with the requirements of Section 13(a) of theSecurities Exchange Act of 1934;and 

(2) The information contained in the Report fairly presents, in all material respects, the consolidated financialcondition of the Company as of the dates presented and consolidated results of operations of the Company for the periods presented. 

Dated: August 31,2006 

 

This certification has been furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002and is not being filed as part of the Form 10-Q/A or as a separate disclosure statement. 

A signed original of this written statement required bySection 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
#### William Brown *v.*Jacob Vanmeter.

Agency — Duty to Account for Note Delivered for Collection.

Where an agent accepts a note delivered for collection, and sends it to another for attention, the onus is on him to show that the note was delivered to him to be thus forwarded for collection.

APPEAL FROM EDMONSON CIRCUIT COURT.

October 11, 1869.

*Loving &*Clark, *for appellant.*

Halsell, *for appellee.*

Opinion of the Court by

Judge Peters:

The facts are not stated in the petition with the precision and perspicuity essential to good pleading; but they are sufficient to constitute a god cause of action against appellee. He, in his answer, admits the delivery of the note to him, but attempts to avoid a liability for it by alleging that he took it to send to one Bailey to collect, and that he sent it as requested; where Bailey resided or what better opportunity he had to collect the money than appellee had, he does not state; he denies that Bailey and himself were partners in the collecting business, but they were certainly partners in other transactions. Bead proves he paid the money to Bailey while the partnership existed, and Van-meter does not show that the firm did not get the benefit of the payment, nor that he informed Bailey what he should do with the money when he collected it. This he should have done, even if the *onus*was not on him to show that the note was delivered to him to send to Bailey.

He-should at least have shown that when he sent or delivered the note to Bailey he directed him to pay the money over to appellant, and that he as a member of the firm received no benefit from the money when collected, which he could have done by Bailey if it was true.

Wherefore, the judgment is reversed and the cause is remanded for a new trial and for further proceedings consistent herewith.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                           6,472
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                16,017
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  20,302
<CURRENT-LIABILITIES>                           11,238
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        10,000
<OTHER-SE>                                         936
<TOTAL-LIABILITY-AND-EQUITY>                    20,302
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                  133,086
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (133,086)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (133,086)
<EPS-BASIC>                                     (.005)
<EPS-DILUTED>                                   (.005)


</TABLE>
EXHIBIT 32(a)



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of United Rentals, Inc. and United Rentals (North America), Inc. (the Companies) on Form 10-Q for the
quarter ended September 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Bradley S. Jacobs, Chief Executive Officer of the Companies, certify, pursuant to 18 U.S.C §1350, as adopted
pursuant to §906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:



| | 1. |  | the Report fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934; and
| | -- |  | ------------------------------------------------------------------------------------------------------------



| | 2. |  | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Companies.
| | -- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------



November 14, 2003



|/S/    BRADLEY S.
JACOBS                 
|-----------------------------------------
|Bradley S. Jacobs Chief Executive Officer



A signed original of
this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been
provided to the Companies and will be retained by the Companies and furnished to the Securities and Exchange Commission or its staff upon request.
#### Levi Hukel et ux *v.*A. Bramblett et ux.

Trial — Pleading—Amended Answer — Continuance.

A trial of a cause, ordered at the same term of court, at which an amended answer is filed, setting forth new matter, is erroneous. It should be continued till the next succeeding term.

APPEAL FROM HARRISON CIRCUIT COURT.

February 18, 1870.

Opinion of the Court by

Judge Williams:

This was a sale of a small tract of thirty odd acres of land by appellees to appellant, Mrs. Hukel, for four hundred dollars paid at the time of the trade, $452 to be paid the following December 25th, when the deed was to be made, and $852 to be paid at a future designated day.

The first deferred payment not being made, this suit was brought to enforce a lien on the land and for judgment of sale with a tender of deed.

The defendants objected to a reception of the deed, alleged their ignorance of the title and demanded an exhibition that it might be ascertained whether the vendors could make them a good title before the contract be specifically enforced. A survey was called for and ordered by court, after making of which an amended answer was put in alleging that for the first time said survey had developed that the boundaries of the land were not such as represented to them, that a certain fence was represented as being on said *540tract and the line, whereas it was several rods from the line and off the land, and that the garden containing about three-quarters of an acre, represented as part of the premises, did not belong to the tract, but had been taken possession of by. its owner, that there was a deficiency of several acres in the tract, all of which was averred to be worth $350, and they asked a deduction.

Hodges, *for appellants.*

Alexander, *Turney, for appellees.*

The same day of the filing of this amended answer, and over appellant’s objection, a submission for trial was ordered and the plaintiffs confessing the loss of the garden a *pro rata*reduction for it was made and appellants adjudged fo pay the remainder and a sale ordered.

The whole proceeding is erroneous. The amended answer made new issues, which by the provisions of the Oivil Code were not to be tried until the next term, as the answer was filed unconditionally.
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Larry Higgins,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-17-04659-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Rosenbaum & Rosenbaum, PC

(Name of plaintiff’s attorney or unrepresented plaintiff)

I have received your request to waive service of a summons in this action along with a copy of the complaint, two 

copies of this waiver form, and a prepaid means of returning one signed copy of the form to you.

I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case.

I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s 

jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.

I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 

60 days from 12/21/2017, the date when this request was sent (or 90 days if it was sent outside the United States). If I fail 

to do so, a default judgment will be entered against me or the entity I represent.

Date: January 5, 2018 /s/ Richard B. North, Jr.

Signature of the attorney or unrepresented party

C. R. Bard, Inc. and Bard Peripheral

Vascular, Inc.

Printed name of parties waiving service of 

summons

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed Name

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6155

Telephone number

Duty to Avoid Unnecessary Expenses of Serving a Summons

Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a 

summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff 

located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. 

Case 2:15-md-02641-DGC Document 9548 Filed 01/09/18 Page 1 of 2
2

“Good cause” does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has 

no jurisdiction over this matter or over the defendant or the defendant’s property. 

If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of 

a summons or of service. 

If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the 

plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been 

served.

Case 2:15-md-02641-DGC Document 9548 Filed 01/09/18 Page 2 of 2
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Jackie McCreary,

Plaintiff,

v.

Bard Peripheral Vascular, Inc. and C. R. 

Bard, Inc., et al.,

Defendant.

)

)

)

)

)

)

)

)

)

MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-17-04078-PHX-DGC

APPEARANCE OF COUNSEL

To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:

Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc.

Date: November 27, 2017 /s/ Richard B. North, Jr.

Attorney's signature

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed name and bar number

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6000

Telephone number

(404 322-6050

FAX number

Case 2:15-md-02641-DGC Document 8911 Filed 11/28/17 Page 1 of 1
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#### STATE OF NEW JERSEY v. ANTHONY MARANDOLA.

June 13, 1989.

Petition for certification denied.
Exhibit 3

                                        CERTIFICATE OF INCORPORATION
                                                     OF
                                           AMERICAN DRUG COMPANY
                                     (Incorporated on August 12, 1993)


      1.    The name of the corporation is AMERICAN DRUG COMPANY.

      2. The  address  of its  registered  office  in the State of  Delaware  is
Corporation Trust Center, 1209 Orange Street, in the City of Wilmington,  County
of New  Castle.  The  name  of its  registered  agent  at  such  address  is The
Corporation Trust Company.

      3. The nature of the  business or purposes to be  conducted or promoted is
to engage in any  lawful  act or  activity  for  which  the  corporation  may be
organized under the General Corporation Law of Delaware.

      4. The Corporation shall have authority to issue a total of Thirty Million
One Hundred Thousand  (30,100,000)  shares of stock consisting of Thirty Million
(30,000,000)  shares of Common  Stock,  par value $.01 per share and one hundred
thousand (100,000) shares of Preferred Stock, par value $.01 per share.

      5. The Board of  Directors  is  authorized  to make,  alter ore repeal the
by-laws of the Corporation. Election of Directors need not be by written ballot.

      6.    The name and mailing address of the sole incorporator is:

                  M. A. Brzoska
                  1209 Orange Street
                  Wilmington, Delaware 19801

      7. A director of the  Corporation  shall not be  personally  liable to the
Corporation  or its  stockholders  for monetary  damages for breach of fiduciary
duty as a director  except for  liability  (I) for any breach of the  director's
duty of  loyalty  to the  corporation  or its  stockholders,  (ii)  for  acts or
omissions not in good faith or which involve intentional misconduct or a knowing
violation of law,  (iii) under Section 174 of the Delaware  General  Corporation
Law, or (iv) for any  transaction  from which the director  derived any improper
personal benefit.

      8. The corporation shall indemnify its officers, directors,  employees and
agents to the extent permitted by the General Corporation Law of Delaware.
EXHIBIT 32.

                Certifications Pursuant to 18 U.S.C.Section 1350

         The  undersigned,  who is the  chief  executive  officer  and the chief
financial officer of Community First  Bancorporation,  hereby certifies that, to
the best of his  knowledge,  the  accompanying  Form  10-Q of the  issuer  fully
complies  with the  requirements  of  Section  13(a) or 15(d) of the  Securities
Exchange  Act of 1934,  and that  information  contained  in the  report  fairly
presents,  in all material  respects,  the  financial  condition  and results of
operations of the issuer.

August 9, 2007

                                     s/ Frederick D. Shepherd, Jr.
                                     -------------------------------------------
                                     Frederick D. Shepherd, Jr.
                                     Chief Executive Officer and Chief Financial
                                     Officer