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

                                   EXHIBIT 11

               SYBRON INTERNATIONAL CORPORATION AND SUBSIDIARIES

                      COMPUTATION OF PER SHARE EARNINGS
                    (IN THOUSANDS, EXCEPT PER SHARE DATA)


<TABLE>
<CAPTION>
                                       Three Months Ended    Six Months Ended
                                            March  31,           March 31,
                                         1997      1996       1997      1996
                                         ----      -----      ----      ----
<S>                                   <C>        <C>        <C>       <C>
 Primary:
  Net income                            $20,750    $10,540   $36,153   $22,262
                                      =========  =========  ========  ========

  Shares
   Weighted average Common shares ..     47,124     46,687    47,052    46,619
   Common equivalent shares ........      1,642      1,125     1,641     1,027
                                      ---------  ---------  --------  --------
                                         48,766     47,812    48,693    47,646
                                      =========  =========  ========  ========

   Primary earnings per share ......       $.43       $.22      $.74      $.47
                                           ====       ====      ====      ====
</TABLE>




                                      EI-3
#### Tiffany Applewhite et al., Respondents, v Accuhealth, Inc., et al., Defendants, and City of New York, Appellant.

Submitted April 22, 2013;

decided April 25, 2013

Motion by New York State Conference of Mayors and Municipal Officials for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.
<PAGE>   1
 
                                   EXHIBIT 12
 
                         AVCO FINANCIAL SERVICES, INC.
 
                  STATEMENT OF COMPUTATION OF NUMBER OF TIMES
                              FIXED CHARGES EARNED
 
<TABLE>
<CAPTION>
                                                          Year ended December 31,
                                              ------------------------------------------------
                                                1997      1996      1995      1994      1993
                                              --------  --------  --------  --------  --------
                                                                        (Thousands of dollars)
<S>                                           <C>       <C>       <C>       <C>       <C>
Income
  Income before income taxes................  $311,337  $298,559  $287,459  $259,110  $225,784
                                              --------  --------  --------  --------  --------
  Fixed charges to be added back to income--
     Interest and debt expense..............   434,055   426,260   455,379   334,084   324,211
     Rentals (one-third of all rent and
       related costs charged to income).....    14,961    15,015    14,905    13,942    14,378
                                              --------  --------  --------  --------  --------
          Total fixed charges...............   449,016   441,275   470,284   348,026   338,589
                                              --------  --------  --------  --------  --------
Income before income taxes and fixed
  charges...................................  $760,353  $739,834  $757,743  $607,136  $564,373
                                              ========  ========  ========  ========  ========
Ratio
  Number of times fixed charges covered by
     income before income taxes and fixed
     charges................................    1.7       1.7       1.6       1.7       1.7
                                                ===       ===       ===       ===       ===
</TABLE>
 
                                       S-4
#### The People of the State of New York, Respondent, v Oliverio Galindo, Appellant.

Submitted April 29, 2013;

decided May 2, 2013

Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.
1

The Honorable Gary A. Fenner, United States District Judge for the Western

District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 10-3249

___________

Karolyn A. Handke, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* Western District of Missouri.

McBride, Lock & Associates; Charles *

H. McBride; Robert J. Lock, *

* [UNPUBLISHED]

Appellees. *

___________

Submitted: February 4, 2011

Filed: June 17, 2011

___________

Before MELLOY, GRUENDER, and BENTON, Circuit Judges.

___________

PER CURIAM.

Karolyn Handke appeals the district court’s1

 dismissal for failure to exhaust her

discrimination complaint against her former employer. After careful de novo review,

see Coons v. Mineta, 410 F.3d 1036, 1039 (8th Cir. 2005), we affirm. We agree with

the district court that Handke’s lawsuit was untimely filed more than 90 days after she

received a right-to-sue letter on her June 2009 charge, which alleged her discharge

was motivated by discrimination. Handke could not cure her untimeliness by filing
-2-

a second charge based on the same adverse employment action. See Spears v. Mo.

Dep’t of Corr. & Human Res., 210 F.3d 850, 853 & n.2 (8th Cir. 2000); Williams v.

Little Rock Mun. Water Works, 21 F.3d 218, 222 (8th Cir. 1994).

Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________
<PAGE>


                                                                    EXHIBIT 32.2


                      STATEMENT OF CHIEF FINANCIAL OFFICER
                       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 Fortis Benefits Insurance
Company (the "Company") on Form 10-Q for the period ended September 30, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, the undersigned Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

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

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



/s/ Larry M. Cains
--------------------------
Larry M. Cains
Chief Financial Officer
November 12, 2003










                                       17
<PAGE>


                                                                    EXHIBIT 23.1

            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We consent to the incorporation by reference in Registration Statements No.
33-56866, 333-90063, 333-90057 and 333-97567 of Atlantic American Corporation on
Form S-8 of our report dated March 30, 2005 relating to the consolidated
financial statements and financial statement schedules of Atlantic American
Corporation (which report expresses an unqualified opinion and includes an
explanatory paragraph relating to the Company's change in its method of
accounting for goodwill and other intangible assets to conform with Statement of
Financial Accounting Standards No. 142) appearing in this Annual Report on Form
10-K of Atlantic American Corporation for the year ended December 31, 2004.


Deloitte & Touche LLP
Atlanta, Georgia
March 30, 2005
FLEX POWER GENERATION, INC.


 


November 12, 2012


 


FlexEnergy, Inc.


9400 Toledo Way


Irvine, California 92618


Attention: Jay Mitchell, CEO


 


Dear Jay:


 


FlexEnergy, Inc., a Delaware corporation
(“FlexEnergy”), FlexEnergy Energy Systems, Inc., a Delaware corporation (“FEES”; FEES and
FlexEnergy collectively referred to as “Flex”), and Flex Power Generation, Inc. (“FPG”) are
entering into that certain Contribution Agreement dated the same date hereof (the “Contribution Agreement”).


 


FPG agrees that, to the extent that any
of the following result in any liabilities or obligations with respect to Flex (“Contingent Flex Liabilities”),
those liabilities and obligations shall be deemed to be Assumed Liabilities (as defined in the Contribution Agreement) effective
as of the date hereof and shall be subject to indemnification as provided in Section 5 of the Contribution Agreement, and contracts
referenced below shall be deemed to have been assigned to and assumed by FPG effective as of the date hereof:


 


(i)           the Flex-Microturbine
System Development and License Agreement dated September 17, 1999, as supplemented by that certain Supplemental Agreement, dated
September 22, 2000, executed by Edan Prabhu, Inc., a California corporation formerly known as FlexEnergy, Inc. (“EPI”)
and Capstone Turbine Corporation;


 


(ii)           Agreement, dated May
19, 2000, between FlexEnergy, Inc. and the California State Energy Resources Conservation and Development Commission; and


 


(iii)          any other liabilities
or obligations of EPI, not already included as Assumed Liabilities.


 


Section 7 of the Contribution Agreement is incorporated into
this side-letter.


 


	 	Flex Power Generation, Inc.
	 	 
	 	By:	 
	 	Name: 	 
	 	Title:	 


 


	ACKNOWLEDGED AND AGREED TO BY:	 
	 	 
	FlexEnergy, Inc.	 
	 	 	 
	By:	 	 
	 	James M. Mitchell, President/CEO
EXHIBIT 21



BALDOR ELECTRIC COMPANY AND AFFILIATES



SUBSIDIARIES OF THE REGISTRANT



|                                       |  |                   
|-------------------------------------- |  | ------------------
|NAME OF SUBSIDIARIES                   |  | LOCATION          
|                                       | 
|Baldor of Arkansas, Inc.               |  | Arkansas          
|                                       | 
|Baldor of Nevada, Inc.                 |  | Nevada            
|                                       | 
|BEC Business Trust                     |  | Massachusetts     
|                                       | 
|Baldor of Texas, L.P.                  |  | Texas             
|                                       | 
|Baldor International, Inc.             |  | U.S.Virgin Islands
|                                       | 
|Southwestern Die Casting Company, Inc. |  | Arkansas          
|                                       | 
|Baldor UK Holdings, Inc.               |  | Delaware          
|                                       | 
|Baldor UK Ltd                          |  | United Kingdom    
|                                       | 
|Baldor Holdings, Inc.                  |  | Delaware          
|                                       | 
|Baldor de Mexico, S.A. de C.V.         |  | Mexico            
|                                       | 
|Baldor ASR AG                          |  | Switzerland       
|                                       | 
|Baldor ASR GmbH fur Antriebstechnik    |  | Germany           
|                                       | 
|Baldor ASR U.K. Limited                |  | United Kingdom    
|                                       | 
|Baldor Italia S.r.l.                   |  | Italy             
|                                       | 
|Australian Baldor Pty Limited          |  | Australia         
|                                       | 
|Baldor Electric (Far East) PTE, Ltd.   |  | Singapore         
|                                       | 
|Northern Magnetics, Inc.               |  | California        
|                                       | 
|Baldor Japan Corporation               |  | Japan             
|                                       | 
|Baldor Investments, LLC                |  | Delaware          
|                                       | 
|PowR Gard Generator Corp.             |  | Wisconsin         
|                                       | 
|Energy Dynamics, Inc.                  |  | Wisconsin
[988 NE2d 513, 965 NYS2d 777]

#### In the Matter of City of Utica, Respondent, v Richard F. Daines, as Commissioner of Health, et al., Appellants. Utica Ambulance Service, Inc., Doing Business as Kunkel Ambulance Service, Intervenor-Appellant.

Decided April 2, 2013

*879APPEARANCES OF COUNSEL

*Girvin & Ferlazzo, P.C.,*Albany *(Patrick J. Fitzgerald, III,*of counsel), for intervenor-appellant.

*Roemer Wallens Gold & Mineaux, LLP,*Albany *(Matthew J. Kelly*of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals *(22*NYCRR 500.11), order reversed, without costs, and the proceeding remitted to Supreme Court, Albany County, with directions to dismiss the proceeding solely on the ground of mootness.

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Rivera.
#### In the Matter of Gena S., an Infant. Genesee County Department of Social Services, Respondent; Karen M., Appellant. In the Matter of Misty S., an Infant. Genesee County Department of Social Services, Respondent; Karen M., Appellant. In the Matter of Shaundra D., an Infant. Genesee County Department of Social Services, Respondent; Karen M., Appellant.

(Appeal No. 1.)

(Appeal No. 2.)

(Appeal No. 3.)

Submitted April 29, 2013;

decided June 25, 2013

Motion, insofar as it seeks leave to appeal from the Appellate Division order reversing the Family Court order of disposition as to Gena S. and remitting to Family Court for further proceedings, dismissed upon the ground that such order does not finally determine that proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied. Motion for poor person relief dismissed as academic.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM (A) LEGEND
PROPERTIES, INC. AND SUBSIDIARIES CONSOLIDATED FINANCIAL STATEMENTS MARCH 31,
1998 AND 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH (B) MARCH
31, 1998 QUARTERLY REPORT FILED ON FORM 10-Q AND 1997 ANNUAL REPORT FILED ON
FORM 10-K
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                      20,339,507
<SECURITIES>                                         0
<RECEIVABLES>                                1,594,765
<ALLOWANCES>                                         0
<INVENTORY>                                111,429,836
<CURRENT-ASSETS>                                     0
<PP&E>                                      30,788,847
<DEPRECIATION>                               5,347,401
<TOTAL-ASSETS>                             163,014,930
<CURRENT-LIABILITIES>                                0
<BONDS>                                     61,892,554
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        63,117
<OTHER-SE>                                  14,724,621
<TOTAL-LIABILITY-AND-EQUITY>               163,014,930
<SALES>                                      9,831,141
<TOTAL-REVENUES>                            12,819,641
<CGS>                                        5,614,676
<TOTAL-COSTS>                               12,770,569
<OTHER-EXPENSES>                             2,012,440
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           2,630,130
<INCOME-PRETAX>                            (1,963,368)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,963,368)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,963,368)
<EPS-PRIMARY>                                   (0.31)
<EPS-DILUTED>                                   (0.31)
        

</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Treasury

# ACTION:

Notice of renewal.

# SUMMARY:

In accordance with the Federal Advisory Committee Act, as amended (Pub. L. 92-463; 5 U.S.C. App. 2), with the concurrence of the General Services Administration, the Secretary of the Treasury has determined that renewal of the Treasury Borrowing Advisory Committee of the Securities Industry and Financial Markets Association (the “Committee”) is necessary and in the public interest in connection with the performance of duties imposed on the Department of the Treasury by law.

# FOR FURTHER INFORMATION CONTACT:

Karthik Ramanathan, Acting Assistant Secretary for Financial Markets and Director, Office of Debt Management (202) 622-2042.

# SUPPLEMENTARY INFORMATION:

The purpose of the Committee is to provide informed advice as representatives of the financial community to the Secretary of the Treasury and Treasury staff, upon the Secretary of the Treasury's request, in carrying out Treasury responsibilities for Federal financing and public debt management.

                    The Committee meets to consider special items on which its advice is sought pertaining to immediate Treasury funding requirements and pertaining to longer term approaches to manage the national debt in a cost-effective manner. The Committee                           ( print page 29017)                        usually meets immediately before the Treasury announces each mid-calendar quarter funding operation, although special meetings also may be held.                

Membership consists of up to 20 representative members, appointed by Treasury. The members are senior level officials who are employed by primary dealers, institutional investors, and other major participants in the government securities and financial markets.

The Designated Federal Official for the Advisory Committee is the Director of the Office of Debt Management. The Treasury Department is filing copies of the Committee's renewal charter with appropriate committees in Congress.

Dated: June 1, 2009.

Karthik Ramanathan,

Acting Assistant Secretary, Financial  Markets.

[FR Doc. E9-14282 Filed 6-17-09; 8:45 am]

BILLING CODE 4810-25-P
#### Carl Ranieri, Respondent, v Holt Construction Corp. et al., Appellants.

[822 NYS2d 509]

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered May 11, 2005, which granted plaintiffs motion for partial summary judgment as to liability on the third cause and denied defendants’ cross motion for summary judgment dismissing that claim, unanimously affirmed, without costs.

Plaintiff, a sheet metal worker employed by a subcontractor, was injured when he fell from an unsecured ladder with no safety devices provided to protect him. This activity fell within the ambit of Labor Law § 240 (1), and the failure to supply plaintiff with a properly secured ladder or any safety devices was a proximate cause of his fall *(see Samuel v Simone Dev. Co.,*13 AD3d 112 [2004]; *Velasco v Green-Wood Cemetery,*8 AD3d 88 [2004]). There is no reasonable view of the evidence to support defendants’ contention that plaintiff was the sole proximate cause of his injury, nor is there a triable question of fact as to whether he was solely to blame. Concur—Tom, J.P., Marlow, Sullivan, McGuire and Malone, JJ.
Exhibit 99.1





CERTIFICATION OF CHIEF ADMINISTRATIVE
OFFICER REGARDING PERIODIC REPORT CONTAINING 
FINANCIAL STATEMENTS



I, Steven A. Schumm, the Chief Administrative Officer of Enstar Income/Growth Program Six-A, L.P. (the "Partnership") in compliance with 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, hereby certify that, the Partnership's Quarterly Report on Form 10-Q for the period ended March 31, 2003 (the "Report") filed with the Securities and Exchange Commission:

- fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and
- the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

/s/  Steven A. SchummSteven A. SchummChief Administrative OfficerMay 15, 2003
#### Campbell *v.*City of New York.

*(Circuit Court, S. D. New York.*

May *22, 1888.)*

Equity—Pleading—Supplemental Bill.

Where the complainant in an original bill has, since bringing the suit, parted with his whole interest in the subject-matter, and those for whom he was trustee have transferred their whole interest in the subject-matter to A, and the title to any sum of money which may be recovered in the suit has by these transfers become vested in A., the remedy of A. is by an original bill in the nature of a supplemental bill, and not by a supplemental bill.

In Equity. On demurrer to supplemental bill. For hearing on pleas to supplemental bill, see 33 Fed. Rep. 795.

*James B. Lockwood, (Marcus P. Norton,*of counsel,) for complainant.

*Henry D. Hadlock,*for Philbrook.

*George Bliss*and *Sherman M. Rogers,*for Green and Murphy.

Wallace, J.

The theory upon which this supplemental bill proceeds

is that Campbell, the complainant in the original bill, since bringing the suit, has parted with his whole interest in the subject-matter, and that those for whom Campbell was trustee have transferred their whole interest in the subject-matter to Philbrook, or to Philbrook and Knibbs, and that'the title to any sum of money which may be recovered in the suit has by these transfers become vested in Philbrook, or in Philbrook and Knibbs. Upon such a state of facts the remedy of Philbrook is by an original bill in the nature of a supplemental bill, and not by a supplemental bill. This was distinctly stated in the opinion announced upon the hearing of the motion in which Philbrook applied for leave to be made a co-complainant. Although the distinction between supplemental bills and original bills seems to rest upon purely artificial reasons, it is well recognized, and is attended in practice with consequences which affect .the substantial rights of .parties. If the *cesiuis que trust*had not transferred all their interest in the subject-matter, and there had been simply a change of trustees by operation at law, or if there had been only a 'partial alienation of the title of Campbell, a supplemental bill might lie. As it is, the demurrer must be sustained. Mitf. Eq. PI. 85, 98; 1 Barb. Ch. Pr. 66, 84; Story, Eq. PI. 349; *Tappan*v. *Smith,*5 Bis. 73. The third ground of objection assigned in the demurrer sufficiently raises the point.