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

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS FOR NATIONAL COMPUTER SYSTEMS, INC. AND SUBSIDIARIES,
FOR THE FISCAL YEAR ENDED JANUARY 31, 1997, AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JAN-31-1997
<PERIOD-END>                               JAN-31-1997
<CASH>                                          58,079
<SECURITIES>                                         0
<RECEIVABLES>                                   79,056
<ALLOWANCES>                                         0
<INVENTORY>                                     18,176
<CURRENT-ASSETS>                               160,837
<PP&E>                                         163,662
<DEPRECIATION>                                (87,353)
<TOTAL-ASSETS>                                 273,920
<CURRENT-LIABILITIES>                           82,172
<BONDS>                                         16,329
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           457
<OTHER-SE>                                     169,577
<TOTAL-LIABILITY-AND-EQUITY>                   273,920
<SALES>                                        134,144
<TOTAL-REVENUES>                               331,159
<CGS>                                           62,075
<TOTAL-COSTS>                                  212,401
<OTHER-EXPENSES>                                92,112
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,677
<INCOME-PRETAX>                                 26,533
<INCOME-TAX>                                    12,867
<INCOME-CONTINUING>                             13,666
<DISCONTINUED>                                 (2,229)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    49,580
<EPS-PRIMARY>                                     3.18
<EPS-DILUTED>                                     3.18
        

</TABLE>
**EXHIBIT 23.1**
**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**
     We consent to the incorporation by reference in the Registration Statements (Form S-8 Nos.333-118905, 333-96889, 333-48560, 333-41648 and 333-88817) pertaining to the 1996 Stock Plan, 1999Employee Stock Purchase Plan, 1999 Directors’ Stock Option Plan and 2000 Non-Executive Stock OptionPlan of Foundry Networks, Inc. of our reports dated March 9, 2005, with respect to theconsolidated financial statements and schedule of Foundry Networks, Inc., Foundry Networks, Inc.management’s assessment of the effectiveness of internal control over financial reporting, and theeffectiveness of internal control over financial reporting of Foundry Networks, Inc. included inthe Annual Report (Form 10-K) for the year ended December 31, 2004.          /s/ ERNST & YOUNG LLP
Palo Alto, California March 9, 2005
EXHIBIT 32.1





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 Annual Report of Global Diversified Industries, Inc.(the "Company") on Form 10-K for the period ending April 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I , Phil Hamilton, Chief Executive Officer of the Company, certify to the best of my knowledge, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





(1) The Report fully complies with the requirements of section 13 (a) or 15 (d) of the Securities and Exchange Act of 1934; and





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







/s/ Phil Hamilton


Phil Hamilton


Chief Executive Officer





August 13, 2009
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Pursuant to Section 906of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350,Chapter 63 of Title 18, United States Code), each of the undersigned officersof EXCO Resources, Inc. (the “Company”), does hereby certify, to suchofficer’s knowledge, that:

 

The Quarterly Report on Form 10-Qfor the quarter ended September 30, 2008 (the “Form 10-Q”) of theCompany fully complies with the requirements of Section 13(a) or15(d), as applicable, of the Securities Exchange Act of 1934 and theinformation contained in the Form 10-Q fairly presents, in all materialrespects, the financial condition and results of operations of the Company asof, and for, the periods presented in the Form 10-Q.

 
| Date:  November 6, 2008 | /s/  DOUGLAS H. MILLER   |
|------------------------------|--------------------------|
|                         | Douglas  H. Miller       |
|                         | Chief  Executive Officer |
|                         |                     |
|                         | /s/  J. DOUGLAS RAMSEY   |
|                         | J.  Douglas Ramsey       |
|                         | Chief  Financial Officer |

 

The foregoingcertification is being furnished as an exhibit to the Form 10-Q pursuantto Item 601(b)(32) of Regulation S-K and Section 906 of the Sarbanes-OxleyAct of 2002 (subsections (a) and (b) of Section 1350, Chapter 63of Title 18, United States Code) and, accordingly, is not being filed as partof the Form 10-Q for purposes of Section 18 of the SecuritiesExchange Act of 1934, as amended, and is not incorporated by reference into anyfiling of the Company, whether made before or after the date hereof, regardlessof any general incorporation language in such filing.

 

----
#### Rodolfo MORENO, Petitioner-Appellant, v. Robert HOOD, Warden, Respondent-Appellee.

No. 00-35575.

D.C. No. CV-99-01605-TMC.

United States Court of Appeals, Ninth Circuit.

Submitted May 14, 2001.*

Decided June 1, 2001.

*601Before PREGERSON, FERNANDEZ, and WARD LAW, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Federal prisoner Rodolfo Moreno appeals pro se the district court’s dismissal of his petition for habeas corpus pursuant to 28 U .S.C. § 2241, challenging the collection of payments towards his fíne and the interest applied to his fine balance. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a district court’s dismissal of a habeas petition pursuant to 28 U.S.C. § 2241, and we affirm.

Moreno contends that the Federal Bureau of Prisons (“BOP”) is violating his constitutional rights by deducting non-institutional funds from his prison account towards the payment of his $3,500 fine through the Inmate Financial Responsibility Program (“IFRP”). This contention lacks merit.

The Judgment and Commitment order requires Moreno to pay the fine out of funds earned during incarceration and under the IFRP. Because the IFRP states that “[p]ayments may be made from institution resources or non-institution (community) resources,” the BOP is permitted to collect payments from non-wage funds in Moreno’s account. 28 C.F.R. § 545.11(b).

Moreno also contends that his constitutional rights are being violated because interest is being charged to his fine despite the fact that the Judgment and Commitment order contained no such provision. This contention also lacks merit.

18 U.S.C. § 3612(f)(1) states “[t]he defendant shall pay interest on any fine or restitution of more than $2,500,” unless the district court or the Attorney General chooses to waive it. 18 U .S.C. § 3612(f)(1). Because Moreno’s fine totaled $3,500 and the neither the district court nor the Attorney General has waived the fine, the charge of interest to his fine is proper under the sentencing court’s order. *Id.*

The district court thus properly dismissed Moreno’s habeas petition.

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                              33
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                        138
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                     179
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                         147
<TOTAL-LIABILITY-AND-EQUITY>                       179
<SALES>                                              2
<TOTAL-REVENUES>                                     2
<CGS>                                                2
<TOTAL-COSTS>                                        2
<OTHER-EXPENSES>                                   (1)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   1
<INCOME-PRETAX>                                    (2)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                (2)
<DISCONTINUED>                                       8
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         6
<EPS-PRIMARY>                                      .53
<EPS-DILUTED>                                      .53
        

</TABLE>
11430.

#### Davis *v.*The State.

Decided June 15, 1920.

Indictment for possession of liquor; from Muscogee superior court — Judge Howard. March 20, 1920.

*D. L. Parmer,*for plaintiff in error.

*C. F. McLaughlin, solicitor-general,*contra.

Broyles, C. J.

The motion for a new trial contained only the usual general grounds; the verdict was authorized by the evidence, and the court did not err in refusing to grant a new trial.

*Judgment affirmed.*

*Luke and Bloodworth, JJ., concur.*
```
**Exhibit 32**
```

 

Section 1350 Certifications

 

 

----

 

 

 

 

**Exhibit 32**

 

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

**AS ADOPTEDPURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2003**

 

The undersigned, the Chief ExecutiveOfficer and the Chief Financial Officer of Southern First Bancshares, Inc. (the“company”), each certify that, to his knowledge on the date of thiscertification:

 

1.    The annual report of the company for theperiod ended December 31, 2008 as filed with the Securities and ExchangeCommission on this date (the “Report”) fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

2.     The information contained in the Reportfairly presents, in all material respects, the financial condition and resultof operations of the company.

 

 

 

Date:      March 9, 2009                                 By:              /s/R. ArthurSeaver, Jr.                  

                                                                                                R.Arthur Seaver, Jr.

                                                                                                ChiefExecutive Officer

 

Date:      March 9, 2009                                     By:            /s/James M. Austin, III               

                                                                                                JamesM. Austin, III

                                                                                                ChiefFinancial Officer
Exhibit 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Maureen D. Howley, Chief Financial Officer and Senior Vice President of the Managing Owner,
Preferred Investment Solutions Corp. (the Managing Owner), of World Monitor Trust II  Series E (Series E), hereby certifies pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that:



| | (1) | Series Es Annual Report on Form 10-K for the period ended December 31, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Annual
Report), 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 the Annual Report fairly presents, in all material respects, the financial condition and results of operations of Series E.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                 
|-------------------------------------------------
|/s/ Maureen D. Howley                            
|Maureen D. Howley                                
|Chief Financial Officer and Senior Vice President
|March 31, 2006
EXHIBIT (ff)

                       RENEWAL AND EXTENSION AGREEMENT

     This Renewal and Extension Agreement ("Agreement") is dated effective as
of January 2, 1998, by and between RadioSunGroup of Texas, Inc. ("Borrower")
and Kenneth R. Reynolds, ("Lender").

                              W I T NE S S E T H

     WHEREAS, the Borrower executed and delivered that certain Promissory Note
dated October 31, 1985 (the "Note") in the original principal amount of
$1,609,509.00 bearing interest at the rate stated therein: and

     WHEREAS, the Note is secured by various real and personal property; and

     WHEREAS, the Borrower and Lender have agreed to extend the final maturity
of the Note to June 30, 1998;

     NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are acknowledged, the Borrower and Lender hereby agree as
follows:

     1.     The Note, including all principal then unpaid shall be due and
payable on June 30, 1998.

     2.     The interest rate charged on the Note is hereby changed to equal
the fixed rate of interest of ten percent (10%) per annum.  Accrued interest
shall be due and payable on January 31, 1998 and on the final day of each
successive calendar month thereafter.  Provided, however, on June 30, 1998,
all principal and interest then unpaid shall be finally due and payable.

     3.     Privilege is reserved to prepay this Note at any time.  Provided,
however, if this Note is prepaid, regardless of the date of prepayment, such
prepayment shall be accompanied by such additional sums as may be required to
ensure that Holder receives a full six months interest on this Note.  For
example, if this Note is prepaid on February 1, 1998 (and assuming the regular
interest payment was made as scheduled on January 31, 1998), the prepayment
shall be accompanied by an additional five months of interest as if the Note
were paid in full on its maturity date of June 30, 1998.

     4.     All liens presently securing the Note are hereby ratified and
confirmed as continuing to secure the payment of the Note.  Nothing herein
shall in any manner diminish, impair or extinguish the Note or the liens
securing the Note.

     5.     Borrower and Lender hereby agree that the present unpaid balance
under the Note is $270,600.00 as of the date of this Agreement.

     6.     The Lender represents and warrants to Borrower that he is the
lawful owner and holder of the Note and that Lender has full power and
authority to enter into this Agreement.

EXECUTED, the date written above.

                                   RadioSunGroup of Texas, Inc.
                                   By: /s/John W. Biddinger
                                   President
                                   and
                                   By: /s/ Kenneth R. Reynolds

                                      88
#### Herrin et al. *v.*Olvey et al.

Supreme *Court.—Record.—Striking Oiit.—Bill of*Excejitiozis,—Where on appeal to the Supreme Court a pleading struck out by the lower court is not made a part of the record by bill of exceptions, it will be presumed by the appellate court that the ruling was correct.

*Same.—Motion to Transfer*Cause.—Where a motion to transfer *a*cause from the court of common pleas to the circuit court, on the ground that the title to real estate was in issue, was overruled, and on appeal there was no bill of exceptions embodying the motion or showing the ground upon which it was decided;

*Held,*that the-ruling on the motion could not be reviewed.

APPEAL from the Hamilton Common Pleas.

Worden, J.

Partition of lands. In the petition it was alleged that Nancy Herrin, who was one of the defendants, was the owner of an undivided one-fifth of two-thirds of the land. Andrew Alford, who was made a defendant, filed a paper which may be regarded as a cross complaint against Nancy, alleging that she, in conjunction with her husband, had executed to him a quitclaim deed for her interest in the land, but that a mistake had been made in the execution of the deed, the land being therein misdescribed. Nancy, by her guardian *ad litem,*answered the cross complaint, first, by general denial, and, second, in avoidance. The second paragraph was stricken out on motion of Alford, and Nancy, by her guardian *ad litem,*excepted.

This ruling is assigned for error. As the pleading thus stricken out is not made a part of the record by a bill of exceptions, we can not notice it. We must presume, therefore, that the ruling in striking it out was correct.

. After the pleadings had been filed, Nancy, by her guardian *ad litem,*moved *the court, in*writing, *to*transfer the cause to the circuit court, “ for the reason that the only issue between the defendants Andrew Alford and Nancy Herrin involves the title to real estate.”

The motion was overruled. To this ruling Nancy excepted, as the record informs us, but there is no bill of *574exceptions in the record embodying the motion, or showing the ground upon which it was decided. We are of the opinion that no question is properly before us involving the correctness of the ruling on the motion. These are all the questions presented by the assignment of errors and the brief of counsel for the appellants.

*W. O'Brien*and *R. Graham,*for appellants.

*D. Moss*and *F. M. Trissal,*for appellees.

The judgment below is affirmed, at the costs of Herrin and wife, who alone have assigned error.
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

JEFFERY TAYLOR, )

)

Petitioner, )

)

v. ) Civil Action No. 14-00156-WS-N

)

WANDA LIGHTNER, )

)

Respondent. )

JUDGMENT

In accordance with the order entered on this date, it is hereby ORDERED, 

ADJUDGED, and DECREED that this Court may not consider the petition filed 

by Jeffery Taylor due to untimeliness. See 28 U.S.C. § 2254. As such, the petition is 

due to be and is hereby DISMISSED. Further, the petitioner is not entitled to a 

certificate of appealability and is therefore not entitled to appeal in forma pauperis.

DONE this the 27th day of May, 2015.

s/WILLIAM H. STEELE

CHIEF UNITED STATES DISTRICT JUDGE

Case 1:14-cv-00156-WS-N Document 18 Filed 05/27/15 Page 1 of 1
<PAGE>   1
MICRODYNE CORPORATION                            1997 ANNUAL REPORT ON FORM 10-K
--------------------------------------------------------------------------------

                                                                    Exhibit 11.1

                              MICRODYNE CORPORATION
              STATEMENT REGARDING COMPUTATION OF PER SHARE EARNINGS
                      FOR THE YEAR ENDED SEPTEMBER 28, 1997

<TABLE>
<CAPTION>
                                             PRIMARY              FULLY DILUTED
                                             -------              -------------
<S>                                      <C>                     <C>
Shares Outstanding at
   Beginning of Period                         12,832,203             12,932,203

Shares Issued During
   the Period                                      21,078                 21,078

Dilutive Effect of
   Stock Options                                  227,612                 92,681

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

Weighted Average Shares
   Outstanding                                 13,038,356             12,903,425
</TABLE>



--------------------------------------------------------------------------------
                                    PAGE 78
EX-10.9



 Exhibit 10.9 

Seritage Growth Properties 

April 30, 2015 
 Benjamin Schall 

Dear Ben: 
 Reference is made to the Employment Agreement, dated
as of April 17, 2015, by and between Seritage Growth Properties, a Maryland real estate investment trust (“Seritage”) and you (your “Employment Agreement”). 

As you know, in connection with the closing of the Rights Offering (as defined in your Employment Agreement) pursuant to which Seritage will be established as
a publicly traded entity, the business of Seritage will be operated by its subsidiary entity, Seritage Growth Properties, L.P., an operating partnership (the “Operating Partnership”). Accordingly, this letter confirms that,
effective as of the closing date of the Rights Offering, the Operating Partnership hereby acknowledges and agrees to be bound by your Employment Agreement as your primary employer, and hereby becomes bound by, and joint and severally liable for, all
of Seritage’s liabilities and obligations thereunder to you, excluding the obligations to deliver Seritage equity, which shall remain the primary obligation of Seritage. In accordance with the foregoing, effective as of the closing date of the
Rights Offering, all applicable references to Seritage contained in your Employment Agreement shall also be deemed to refer to the Operating Partnership from and after the closing date of the Rights Offering (except as the context may otherwise
require). 
 Nothing herein shall be deemed an impairment of Seritage’s rights, liabilities and obligations under the Employment Agreement, and except
as expressly modified by this letter, all of the terms and conditions of your Employment Agreement shall remain in full force and effect, a conformed copy (incorporating the provisions of this letter agreement) of which shall be provided to you in
connection with the closing of the Rights Offering. The provisions of Sections 12 through 20, and Section 22, of the Employment Agreement, are hereby incorporated by reference and made a part hereof. 

 

			
	Very truly yours,
	
	Seritage Growth Properties
		
	By:		 /s/ Robert A. Riecker

	Name:		Robert A. Riecker
	Title:		President and Treasurer
		
	and		
	
	Seritage Growth Properties, L.P.
		
	By:		Seritage Growth Properties,
	 Its General Partner

		
	By:		 /s/ Robert A. Riecker

	Name:		Robert A. Riecker
	Title:		President and Treasurer


  

	
	ACKNOWLEDGED AND AGREED
	
	 /s/ Benjamin Schall

	Benjamin Schall