alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1

                                                                    Exhibit 11.0

                            BTU INTERNATIONAL , INC.
<TABLE>
                   CALCULATION OF NET INCOME PER COMMON AND COMMON EQUIVALENT SHARE
                       (Dollars in thousands, except share and per share data)
<CAPTION>

                                          For the Three Months Ended      For the Nine Months Ended  
                                          ---------------------------     --------------------------  
                                          September 29,     October 1,    September 29,   October 1,
                                             1996             1995            1996          1995
----------------------------------------------------------------------------------------------------
<S>                                            <C>             <C>              <C>          <C>   
Net income                                     $  74           $1,482           $3,524       $3,997

Dividends accrued - Class A and
     Class AA preferred stock                     --               (5)              --          (93)
----------------------------------------------------------------------------------------------------

Net income applicable to
     common stockholders                       $  74           $1,477           $3,524       $3,904
====================================================================================================

Weighted average shares and share equivalents outstanding:

     Common stock                          7,331,162        7,279,686       7,305,562     7,211,888
     Class AA convertible preferred stock         --               --              --            --
     Stock options                            30,106          102,649          32,138       102,252
----------------------------------------------------------------------------------------------------

Weighted average shares and share
     equivalents outstanding               7,361,268        7,382,335       7,337,700     7,314,140
====================================================================================================

Net income per common and common
     equivalent share                          $0.01           $ 0.20           $0.48        $ 0.53
====================================================================================================
</TABLE>

                                       13
<PAGE>

                                                                    EXHIBIT 32.2

                            CERTIFICATION PURSUANT TO
            SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as
Vice President, Corporate Controller and Chief Accounting Officer of BTU
International, Inc. (the "Company"), does hereby certify that to his knowledge:

      1.    the Company's Quarterly Report on Form 10-Q for the quarterly period
            ended April 3, 2005 (the "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 Report fairly presents, in all
            material respects, the financial condition and results of operations
            of the Company for the periods covered by the Report.

                               /S/ Thomas P. Kealy
                               -------------------
                               Thomas P. Kealy
                               Vice President, Corporate Controller
                               and Chief Accounting Officer (principal
                               financial and accounting officer)

Dated:  May 18, 2005
11632.

#### Decatur *v.*The State.

Decided July 28, 1920.

Accusation of public indecency; from city court of Macon —■ Judge Guerry. May 21, 1920.

*Early W. Butler,*for plaintiff in error.

*Will Gunn, solicitor,*contra.

Ltjke, J.

The evidence authorized the conviction of the defendant. There is no merit in the assignment of error upon the excerpts from the charge of the court. The charge of the court was full and fair, and if more specific instructions to the jury were desired a timely written request should have been made therefor. It was not error, for any reason urged, to overrule the motion for a new trial.

*Judgment affirmed.*

*Broyles, C. J., and Bloodworth, J., concur.*
#### James House et al. *v.*Harlan Moores et al.

Injunction — Action on Bond — Pleading.

In an action for damages for delay in the delivery of property caused by an injunction, the petition therefor should allege that the damages have been assessed in the manner prescribed and also the amount of the cost incurred by the party against whom the injunction was obtained.

APPEAL FROM BAT.H CIRCUIT COURT.

February 25, 1874.

/. *S. Hunt, for appellants,*

*Apperson '& Reid, for appellees.*

Opinion by

Judge PRters :

The concluding sentence of Sec. 325, Civil Code, provides that where the delivery of property has been delayed by an injunction, the value of the use, hire, or rent thereof shall be assessed. Judgment shall be rendered against the party who obtained the injunction for the damages assessed, and the assessment shall be conclusive against the surety of said party. The court, on the dissolution of the injunction, shall assess the damages and may hear the evidence and decide in a summary way, or may at its discretion cause a jury to be impaneled to find the damages. Same section.

The petition therefore should have alleged that the damages had been assessed in the manner prescribed, and also the amount of costs incurred by the party against whom the injunction had been obtained. For the faildre to make these' averments, the petition did not set forth facts sufficient to constitute a cause of action, and the demurrer was properly sustained.

Wherefore the judgment is affirmed.
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, David K. Spohr, hereby certifies pursuant to 18 U.S.C. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Annual Report on Form 10-K of World Monitor Trust II  Series D for the period October 1, 2007 to December 31, 2007, 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 Registrant.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------



|                  
|------------------
|/s/ David K. Spohr
|David K. Spohr    

Senior Vice President and

Director of Fund Administration

(Principal Financial/Accounting Officer)

Date: March 20, 2008
#### Deford *v.*Urbain.

Supreme *Court.—Affellanfs Brief.—Rule*14.—On an appeal to the Supreme Court, the only brief filed within sixty days after the submission of the cause was, as to the body thereof, in these words: “ Appellant’s Brief. We are clearly of the opinion that the judgment of the court below ought to be reversed, and therefore demand that it be done. Respectfully and seriously.”

*Held,*that this was not a compliance with rule 14, but an evasion thereof; and, on the appellee’s motion, the appeal was dismissed.

APPEAL from the Marion Superior Court.

Downey, J.

This cause was submitted on call of the docket, November 27th, 1872. On the 24th day of January, 1873, the appellant filed what is styled a brief, which, omitting the name of the court, of the parties, and of counsel, is as follows:

“ appellant’s brief

*“*We are clearly of the opinion that the judgment of the court below ought to be reversed, and therefore-demand that it be done. Respectfully and seriously.”

Rule fourteen of this court provides, that, “ where a cause is submitted on call, the appellant shall have sixty days in which to file a brief, and if not filed within the time limited, the clerk shall enter an order dismissing the appeal, unless the appellee shall have filed with the clerk a written request that the cause be passed upon by the court,” etc. The brief which we have copied was the only one filed within the sixty days allowed by the rule. While no definite rule can be prescribed as to what a brief shall contain, it is not difficult to come to the conclusion that the paper filed in this case, and above set out, is not entitled to be regarded as such. What a brief should be was indicated by this court in *Parker*v. *Hastings,*12 Ind. 654. It is quite clear that the paper filed in the case under consideration was filed simply to evade the rule of court, and to avoid its operation. The appellee insists that the appeal ought for this cause to be dismissed, and such is our opinion. It was proper that the clerk should not have dismissed the appeal under the rule. *477He could not decide as to whether the rule had been complied with in good faith or not. It is useless for the court to prescribe rules, if such an evasion of them as this is to be allowed.

*C. H. Test, D. V. Bums,*and *G. S. Wright,*for appellant.

*T. L. Mitchell*and *W. A. Ketcham,*for appellee.

The appeal is dismissed, with costs.
[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 BF Acquisition Group
V, Inc.  (the  "Company") on Form 10-KSB for the period  ending
April  30,  2002  as  filed  with  the  Securities  and  Exchange
Commission on the date hereof (the "Report"), I, William Colucci,
President of the Company, certify, pursuant to 18 U.S.C. 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 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 Company.

Dated: June 16, 2004

                                   /s/ William Colucci
                                   ------------------------------
                                   William Colucci, President
                                   BF Acquisition Group II, Inc.
Exhibit 31.2

               CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                            PURSUANT TO
                     18 U.S.C. SECTION 1350,
                     AS ADOPTED PURSUANT TO
            SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Robert Hunziker, certify that:

       1.	I have reviewed this Annual Report on Form 10-K of Nortia
Capital Partners, Inc.;

       2.	Based on my knowledge, this report does not contain any
untrue statement of a material fact or omit to state a material fact
necessary to make the statements made, in light of the circumstances
under which such statements were made, not misleading with respect to
the period covered by this report;

       3.	Based on my knowledge, the financial statements, and other
financial information included in this report, fairly present in all
material respects, the financial condition, results of operations and
cash flows of the registrant as of, and for, the periods presented in
this report;

       4.	The registrant's other certifying officer and I are
responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e))
for the registrant and have:

       	a)	designed such disclosure controls and procedures, or
caused such disclosure controls and procedures to be designed under
our supervision, to ensure that material information relating to the
registrant, including its consolidated subsidiaries, is made known to
us by others within those entities, particularly during the period in
which this report is being prepared;

       	b)	evaluated the effectiveness of the registrant's
disclosure controls and procedures and presented in this report our
conclusions about the effectiveness of the disclosure controls and
procedures, as of the end of the period covered by this report based
on such evaluation; and

       	c)	disclosed in this report any change in the
registrant's internal control over financial reporting that occurred
during the registrant's most recent fiscal quarter that has materially
affected, or is reasonably likely to materially affect, the
registrant's internal control over financial reporting; and

       5.	The registrant's other certifying officer and I have
disclosed, based on our most recent evaluation of our internal control
over financial reporting, to the registrant's auditors and the audit
committee of the registrant's board of directors (or other persons
performing the equivalent functions):

       	a)	all significant deficiencies and material weaknesses
in the design or operation of internal control over financial
reporting which are reasonably likely to adversely affect the
registrant's ability to record, process, summarize and report
financial information; and

<PAGE>

       	b)	any fraud, whether or not material, that involves
management or other employees who have a significant role in the
registrant's internal control over financial reporting.

Date:	November 18, 2005


/S/ ROBERT HUNZIKER
----------------------------------------
Robert Hunziker, Chief Financial Officer
EX-10.5



 Exhibit 10.5 

EAGLE MATERIALS INC. 

SPECIAL SITUATION PROGRAM 

FOR FISCAL YEAR 2016 
 1.
The Eagle Materials Inc. Special Situation Program for Fiscal Year 2016 (the “SSP” or the “Plan”) shall be funded by: (i) 0.35% of Eagle Material Inc.’s operating earnings, as determined by the Compensation
Committee of the Board of Directors (“Committee”); (ii) the portions of subsidiary company and corporate annual incentive compensation bonus pools not paid out (not earned); and (iii) the portion of the subsidiary companies
long-term compensation plans not paid out (not earned). All full-time employees of Eagle Materials Inc. (“Eagle” or the “Company”) or a subsidiary company will be eligible to receive an SSP award. 

 

	 	A.	An SSP award is intended to recognize outstanding individual performances during the current fiscal year based on contributions that dramatically improve the Company’s profitability or worth.


  

	 	B.	An SSP award may also be made to individuals at Eagle or at subsidiary companies whose operating profit has been adversely affected by market conditions in order to recognize superior performance of the participants
at those companies. 

  

	 	C.	SSP funds not awarded may be retained by the Company for use in future fiscal years. 


2. SSP awards may be recommended by subsidiary company Presidents, Eagle EVP’s and/or the Eagle Chief Executive Officer
(“CEO”). The approval of the Eagle CEO is required for all SSP awards. For senior executive officers who are required to make disclosures under Section 16 of the Securities Exchange Act of 1934, as amended (“Executive
Officers”), an SSP award shall be approved by the Committee. 
 3. The SSP shall be administered by the CEO, who shall have full and
exclusive power to interpret the Plan and to adopt such rules, regulations and guidelines for carrying out this Plan as the CEO may deem necessary or appropriate in the CEO’s sole discretion. All decisions of the CEO shall be binding and
conclusive on the participants. Notwithstanding the foregoing, any matter affecting an SSP award to an Executive Officer (including, without limitation, any interpretation of the Plan or the adoption of any rules, regulations or guidelines affecting
an award to an Executive Officer) shall be approved by the Committee. Any decision by the Committee with respect to an Executive Officer shall be final and binding. 

4. This Plan and all determinations made and actions taken pursuant hereto, shall be governed by and construed in accordance with the laws of
the State of Texas, without reference to any conflicts of law principles thereof that would require the application of the laws of another jurisdiction.
IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

ANTRON MONYA VALRIE, : 

 Petitioner, : 

vs. : CRIMINAL NO. 08-0214-CG-M 

UNITED STATES OF AMERICA, : CIVIL ACTION NO. 09-0824-CG 

 Respondent. : 

JUDGMENT

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

ADJUDGED, and DECREED that petitioner=s motion to vacate, set aside or correct sentence, 

filed pursuant to 28 U.S.C. ' 2255, is DENIED. The court finds that petitioner is not entitled to 

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

DONE and ORDERED this 28th day of July, 2010. 

 /s/ Callie V. S. Granade 

 UNITED STATES DISTRICT JUDGE 

Case 1:08-cr-00214-CG-M Document 38 Filed 07/28/10 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

GREGORY HUNT (#Z-521 - N-6), *

 *

 Plaintiff, *

 *

vs. * CIVIL ACTION NO.12-00752-WS-B

 *

WALTER MYERS, *

 *

 Defendants. *

JUDGMENT

It is ORDERED, ADJUDGED, and DECREED that Plaintiff’s 

Motion to Reinstate the Department of Correction (Doc. 48) is 

DENIED as futile.

DONE this 29th day of September, 2014.

 s/WILLIAM H. STEELE 

 CHIEF UNITED STATES DISTRICT JUDGE

Case 1:12-cv-00752-WS-B Document 61 Filed 09/29/14 Page 1 of 1
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                      DEC-31-1996
<PERIOD-START>                         JAN-01-1996
<PERIOD-END>                           SEP-30-1996 
<CASH>                                      52,699
<SECURITIES>                                     0
<RECEIVABLES>                              146,864
<ALLOWANCES>                              (16,305)
<INVENTORY>                                      0
<CURRENT-ASSETS>                                 0
<PP&E>                                  11,251,226
<DEPRECIATION>                         (5,150,824)
<TOTAL-ASSETS>                          11,766,782
<CURRENT-LIABILITIES>                      331,036
<BONDS>                                  7,396,449
<COMMON>                                         0
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<OTHER-SE>                               4,039,297
<TOTAL-LIABILITY-AND-EQUITY>            11,766,782
<SALES>                                          0
<TOTAL-REVENUES>                         4,377,504
<CGS>                                            0
<TOTAL-COSTS>                            4,447,812
<OTHER-EXPENSES>                       (4,405,561)
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                         479,424
<INCOME-PRETAX>                          3,855,829
<INCOME-TAX>                                     0
<INCOME-CONTINUING>                      3,855,829
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                             3,855,829
<EPS-PRIMARY>                                74.45
<EPS-DILUTED>                                74.45 
        

</TABLE>
EXHIBIT 32.2

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

In connection with the Quarterly Report of Enzo Biochem, Inc., and Subsidiaries (the Company) on Form 10-Q for the period ended January 31, 2008 as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Barry Weiner, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 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 Company.

|Dated: March 11, 2008 |  | By:/s/ Barry Weiner    
|--------------------- |  | -----------------------
|                      |  | Barry Weiner           
|                      |  | Chief Financial Officer

---
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 on Form 10-Q for the quarter ended March
31, 2004 (the "Report") of FMS Financial  Corporation  (the  "Company") as filed
with the Securities and Exchange Commission,  we, Craig W. Yates,  President and
Chief  Executive  Officer,  and  Channing L.  Smith,  Vice  President  and Chief
Financial  Officer,  certify,  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) 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
Company.


<TABLE>
<CAPTION>

<S>                                     <C>
/s/Craig W. Yates                          /s/Channing L. Smith
-------------------------------------      --------------------------------------------
Craig W. Yates                             Channing L. Smith
President and Chief Executive Officer      Vice President and Chief Financial Officer
(Principal Executive Officer)              (Principal Financial and Accounting Officer)


Date: May 12, 2004                         Date: May 12, 2004

</TABLE>
##### 



Mylan Laboratories Inc.
Arrangements for Director Compensation
In Effect as of May 21, 2007
    
    
    Non-employee directors (other than Mr. Puskar) receive fees for each
Board meeting they attend (other than any Board meeting held primarily
to consider board compensation matters). The fee is $1,500 for each
meeting attended in person and $1,000 for each meeting attended by
phone.
 
    
    Non-employee directors receive fees for each Board Committee meeting
they attend (other than: (i) Committee meetings held in conjunction
with Board meetings; (ii) any Committee meetings held primarily to
consider board compensation matters; and (iii) meetings of the
Executive Committee). The fee is $750 for each meeting attended in
person and $500 for each meeting attended by phone.
    
    The Chairperson of the Audit Committee receives an additional fee of
$10,000 per year.
 
    
    The Chairpersons of the Compensation Committee, the Finance Committee,
the Governance and Nominating Committee, and the Compliance Committee
each receive an additional fee of $5,000 per year.