alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 11
      BALDOR ELECTRIC COMPANY AND AFFILIATES
     COMPUTATION OF EARNINGS PER COMMON SHARE

                                                      FISCAL YEAR
                                            ------------------------------
                                            1996         1995         1994 
      
(In thousands, except per share amounts)

Primary

  Weighted average shares outstanding     26,318       27,647       27,266

  Dilutive stock options based on the
    treasury stock method using the
    average market price                     899        1,244        1,237
                                          ------       ------       ------
  Total                                   27,217       28,891       28,503
                                          ======       ======       ======

Net Earnings                             $35,173      $32,305      $26,359
                                         =======      =======      =======

Per Share Earnings                         $1.29        $1.12        $0.92
                                           =====        =====        =====

Fully Diluted

  Weighted average shares outstanding     26,318       27,647       27,266

  Dilutive stock options based on the
    treasury stock method using the
    year-end market price, if higher
    than average market price              1,101        1,202        1,345
                                          ------       ------       ------
  Total                                   27,419       28,849       28,611
                                          ======       ======       ======

Net Earnings                             $35,173      $32,305      $26,359
                                         =======      =======      =======

Per Share Earnings                         $1.28        $1.12        $0.92
                                           =====        =====        =====
------------------------
Note: Amounts for 1994 have been restated for a three-for-two stock 
      split effected in the form of a 50% stock dividend which was       
      declared during the third quarter 1995.  See Note F to Annual
      Report to Shareholders for 1996.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>



Exhibit 27.  Financial Data Schedule

                                    ZOOM TELEPHONICS, INC.
                                       June 30, 2000
</LEGEND>
           <MULTIPLIER>                                         1
            <CURRENCY>                                         USD



<S>                                              <C>




            <PERIOD-TYPE>                                     Year
            <FISCAL-YEAR-END>                          DEC-31-2000
            <PERIOD-START>                              JAN-1-2000
            <PERIOD-END>                               JUN-30-2000
            <EXCHANGE-RATE>                                      1
            <CASH>                                       6,041,597
            <SECURITIES>                                 4,540,303
            <RECEIVABLES>                                7,711,715
            <ALLOWANCES>                                 3,218,488
            <INVENTORY>                                  9,982,970
            <CURRENT-ASSETS>                            34,499,015
            <PP&E>                                       4,318,117
            <DEPRECIATION>                               4,665,086
            <TOTAL-ASSETS>                              42,550,200
            <CURRENT-LIABILITIES>                        4,961,364
            <BONDS>                                              0
            <PREFERRED-MANDATORY>                                0
            <PREFERRED>                                          0
            <COMMON>                                    27,256,868
            <OTHER-SE>                                   9,906,323
            <TOTAL-LIABILITY-AND-EQUITY>                42,550,200
            <SALES>                                     31,544,404
            <TOTAL-REVENUES>                            26,874,260
            <CGS>                                       17,907,979
            <TOTAL-COSTS>                               12,000,732
            <OTHER-EXPENSES>                                 4,944
            <LOSS-PROVISION>                                     0
            <INTEREST-EXPENSE>                           (288,013)
            <INCOME-PRETAX>                            (2,751,382)
            <INCOME-TAX>                                 (872,970)
            <INCOME-CONTINUING>                        (1,878,412)
            <DISCONTINUED>                                       0
            <EXTRAORDINARY>                                      0
            <CHANGES>                                            0
            <NET-INCOME>                               (1,878,412)
            <EPS-BASIC>                                    (.24)
            <EPS-DILUTED>                                    (.24)




</TABLE>
HNZ 10K 4/28/2013 EX 10ALXIV






Exhibit 10(a)(lxiv)




AMENDMENT NUMBER 1 TO THE


H. J. HEINZ COMPANY SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN
WHEREAS, H. J. Heinz Company (the “Company”) has established the H. J. Heinz Company Supplemental Executive Retirement Plan, as amended and restated effective November 12, 2008, (the “Plan”) for certain executive employees of the Company; and
WHEREAS, the Company has entered into an agreement to be acquired by an affiliate of Berkshire Hathaway and 3G Capital Partners Ltd.  (the “Merger Agreement”); and
WHEREAS pursuant to Section 5.1 of the Plan, the Company reserved the right to terminate, modify, alter or amend the Plan from time to time to any extent that it may deem advisable pursuant to the terms thereof; and
WHEREAS on February 13, 2013, subject to the consummation of the transactions contemplated by the Merger Agreement, the Board took action to vest all accrued but vested benefits of each Member of the Plan effective as of immediately prior to such consummation; and
WHEREAS pursuant to the Merger Agreement the Company granted “replacement awards” under the Long-Term Incentive Plan for a 36‐month performance period, beginning on May 1, 2013; 
NOW THEREFORE, BE IT RESOLVED THAT: Effective May 31, 2013, the Plan shall be amended as follows:
1.Section 1.7 of the Plan be, and hereby is, amended to add thereto a new Sub-Section 1.7(d) reading as follows:
“(d) Compensation shall include the Long-Term Incentive Program award (“LTIP Award”) granted in replacement of restricted stock units that may have otherwise been awarded in the Company's Fiscal Year 2014, pursuant to the documentation governing such LTIP Award.”
2.Section 2.2(a) of the Plan be, and hereby is, amended to add thereto a new Sub‐Section 2.2(a)(i) reading as follows:
“(i) Effective as of immediately prior to the consummation of the transactions contemplated  by the Agreement and Plan of Merger dated as of February 13, 2013 by and among H.J. Heinz Company, Hawk Acquisition Holding Corporation and Hawk Acquisition Sub, Inc., each Member shall be fully vested in such Member's accrued benefits under the Plan without regards to such Member's current age or amount of Continuous Service under the Plan.
3.Section 3.1(a)(ii)(A) of the Plan be, and hereby is, amended in its entirety, to read as follows:  
The multiple of the Member's Final Average Compensation (“FAC”) at the date of Separation from Service with the Employers and the Member's Continuous Service during periods before May 1, 2004 shall be determined according to the table attached hereto and made a part hereof as Exhibit A.  If the Member would not have been entitled to benefits under the Plan but for the application of Section 2.2(a)(i), the amount provided in this Section 3.1(a)(ii)(A) will be reduced with interest only at a rate of 5% per annum for each month that Separation from Service or, if earlier, termination of the Plan, precedes the date a Member attains age 55, or age 60 if such Member was not age 45 on or before September 1, 2012.
**Exhibit No. 31.1**

 

**Certification Pursuant to 18 U.S.C. Section 1350,**

**As Adopted Pursuant to Section 302 of the Sarbanes-OxleyAct of 2002**

 

I,Morton H. Kinzler, Chief Executive Officer, certify that:

 

1.               I have reviewed this annual report on Form 10-Kof Barnwell Industries, Inc.;

 

2.               Based on my knowledge, this report does not containany untrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

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

 

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

 

a)              Designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the registrant,including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is beingprepared;

 

c)              Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of theend of the period covered by this report based on such evaluation; and

 

d)             Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during the registrant’sfourth fiscal quarter that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting.

 

5.               The registrant’s other certifying officerand I have disclosed, based on our most recent evaluation of internal controlover financial reporting, to the registrant’s auditors and the audit committeeof registrant’s board of directors (or persons performing the equivalentfunctions):

 

a)              All significant deficiencies and material weaknessesin the design or operation of internal control over financial reporting whichare reasonably likely to adversely affect the registrant’s ability to record,process, summarize and report financial information; and

 

b)             Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the registrant’sinternal control over financial reporting.

 

 
| Date:  | December 21, 2007  |   | /s/ Morton H. Kinzler |
|--------|-------------------------|--------|-----------------------|
|   | MORTON H. KINZLER       |
|   | Chief Executive Officer |

 

----
#### UNITED STATES of America, Plaintiff-Appellee, v. Roberto HERNANDEZ-MARTINEZ, also known as Santiago Hernandez-Gonzalez, Defendant-Appellant.

No. 05-41383.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided June 20, 2006.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for PlaintiffAppellee.

Marjorie A. Meyers, Federal Public Defender, Molly E. Odom, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before STEWART, DENNIS, and OWEN, Circuit Judges.

PER CURIAM: *

Roberto Hernandez-Martinez appeals his sentence for being present in the United States after deportation, in violation of 8 U.S.C. § 1326(a) and (b). Hernandez-Martinez challenges the constitutionality of § 1326(b)’s treatment of prior felony and aggravated felony convictions as sentencing factors rather than elements of the offense- that must be found by a jury in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). The Government argues that the waiver provision in Hernandez-Martinez’s plea agreement precludes his attack on the constitutionality of § 1326(b). We assume, *arguendo*only, that the waiver does not bar the instant appeal.

Hernandez-Martinez’s constitutional challenge is foreclosed by *AlmendarezTorres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although Hernandez-Martinez contends that *Almendarez-Torres*was incorrectly decided and that a majority of the Supreme Court would overrule *AlmendarezTorres*in light of *Apprendi,*we have repeatedly rejected such arguments on the basis that *Almendarez-Torres*remains binding. *See United States v. Garza-Lopez,*410 F.3d 268, 276 (5th Cir.), *cert. denied,*— U.S.-, 126 S.Ct. 298, 163 L.Ed.2d 260 (2005). Hernandez-Martinez properly concedes that his argument is foreclosed in light of *Almendarez-Torres*
      *451and circuit precedent, but he raises it here to preserve it for further review.

AFFIRMED.

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.
EXHIBIT NO. 32.1
Form 10-QSB
Alliance Health, Inc.
File No. 33-17387

          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 Alliance Health, Inc. (the "Company")
on Form 10-QSB for the period ending June 30, 2006 as filed with the  Securities
and  Exchange  Commission  on the date  hereof  (the  "Report"),  I,  Sarkis  J.
Kechejian,  Chief Executive and 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:

     (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: October 11, 2007                           /s/ Sarkis J. Kechejian, M. D.
       ------------------                         ------------------------------
                                                      Sarkis J. Kechejian, M. D.
                                                         Chief Executive Officer
                                                     and Chief Financial Officer

A signed  original of this  written  statement  required by Section 906 has been
provided to Alliance Health,  Inc. and will be retained by Alliance Health, Inc.
and  furnished  to the  Securities  and  Exchange  Commission  or its staff upon
request.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

DAYNA BLYTHE ANDERSSON,

Appellant,

v.

ULF PATRICK ANDERSSON,

Appellee.

No. 4D17-1497 

[March 1, 2018]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, 

County; Kathleen J. Kroll, Judge; L.T. Case No. 2014DR011721XXXXNB.

Troy William Klein, West Palm Beach, for appellant.

Ulf Patrick Andersson, Nässjö, Sweden, for pro se. 

PER CURIAM.

Affirmed.

LEVINE, CONNER and FORST, JJ., concur. 

* * *

Not final until disposition of timely filed motion for rehearing.
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 22-0212

STATE OF MONTANA, 

Plaintiff and Appellee, 

v. 

LOUIS TED CAYE,

Defendant and Appellant.

ORDER 

Upon consideration of Appellant’s motion for extension of time, and 

good cause appearing therefore,

IT IS HEREBY ORDERED that Appellant is granted an extension of 

time to and including August 14, 2023, within which to prepare, file, and 

serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

July 20 2023

07/20/2023

Case Number: DA 22-0212
Fourth Court of Appeals

San Antonio, Texas

October 28, 2019

No. 04-18-00623-CR

Matthew SERNA,

Appellant

v.

The STATE of Texas,

Appellee

From the 218th Judicial District Court, Atascosa County, Texas

Trial Court No. 16-05-0186-CRA

Honorable Russell Wilson, Judge Presiding

O R D E R

The State’s motion for extension of time to file brief is granted in part. The State’s brief 

is due on November 27, 2019. No further extensions absent extraordinary circumstances. 

_________________________________

Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 28th day of October, 2019.

___________________________________

LUZ ESTRADA,

Chief Deputy Clerk
*Wednesday, May 14, 1997*

MERIT DOCKET

97-389.

#### State ex rel. Fairbanks v. Ohio Adult Parole Auth.

In Mandamus. On motion to dismiss. Motion to dismiss sustained. Cause dismissed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
[Cite as State ex rel. Porter v. Jensen, 135 Ohio St.3d 342, 2013-Ohio-998.] 

THE STATE EX REL. PORTER, APPELLANT, v. JENSEN, JUDGE, APPELLEE. 

[Cite as State ex rel. Porter v. Jensen, 135 Ohio St.3d 342, 2013-Ohio-998.] 

Criminal procedure—Crim.R. 32—Judgment entry of conviction—Writs of 

procedendo and mandamus denied.

(No. 2012-2065—Submitted March 13, 2013—Decided March 20, 2013.) 

APPEAL from the Court of Appeals for Lucas County, 

No. L-12-1281, 2012-Ohio-5556. 

__________________ 

Per Curiam.

{¶ 1} We affirm the judgment dismissing the petition of appellant, 

Lamar Porter, for writs of mandamus and procedendo to compel appellee, Lucas 

County Court of Common Pleas Judge James D. Jensen, to issue a new sentencing 

entry that complies with Crim.R. 32(C). Neither mandamus nor procedendo will 

lie to compel an act that has already been performed. State ex rel. Culgan v. 

Kimbler, 132 Ohio St.3d 480, 2012-Ohio-3310, 974 N.E.2d 88. Porter’s 

sentencing entry fully complied with Crim.R. 32(C) and constituted a final, 

appealable order because it set forth the fact of his convictions, the sentence, the 

judge’s signature, and the time stamp indicating its entry upon the journal by the 

clerk. See State ex rel. Jones v. Ansted, 131 Ohio St.3d 125, 2012-Ohio-109, 961 

N.E.2d 192, ¶ 2. Notwithstanding Porter’s argument to the contrary, Crim.R. 

32(C) did not require Judge Jensen to specify that the sentence did not include 

restitution. The judge’s sentencing entry contained a full resolution of the counts 

upon which Porter was convicted. A court is not required to include in the 

judgment entry something not ordered as part of the sentence. 

Judgment affirmed. 
SUPREME COURT OF OHIO

2

O’CONNOR, C.J., and PFEIFER, O’DONNELL, LANZINGER, KENNEDY,

FRENCH, and O’NEILL, JJ., concur. 

__________________ 

 Lamar Porter, pro se. 

 Julia R. Bates, Lucas County Prosecuting Attorney, and Kevin A. Pituch, 

Assistant Prosecuting Attorney, for appellee. 

_____________________
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACED FROM BALANCE
SHEETES AND STATEMENTS OF OPERATIONS AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-30-2000
<PERIOD-START>                             JAN-02-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                           4,458
<SECURITIES>                                         0
<RECEIVABLES>                                    6,857
<ALLOWANCES>                                     (127)
<INVENTORY>                                      8,614
<CURRENT-ASSETS>                                20,157
<PP&E>                                           7,881
<DEPRECIATION>                                   (422)
<TOTAL-ASSETS>                                  39,760
<CURRENT-LIABILITIES>                            7,605
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             6
<OTHER-SE>                                      19,894
<TOTAL-LIABILITY-AND-EQUITY>                    39,760
<SALES>                                         25,839
<TOTAL-REVENUES>                                25,839
<CGS>                                           21,181
<TOTAL-COSTS>                                   28,278
<OTHER-EXPENSES>                                 (297)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 742
<INCOME-PRETAX>                                (2,884)
<INCOME-TAX>                                        44
<INCOME-CONTINUING>                            (2,928)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,928)
<EPS-BASIC>                                     (0.71)
<EPS-DILUTED>                                   (0.71)


</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 Health and Human Services

# AGENCY:

National Institute for Occupational Safety and Health (NIOSH), Department of Health and Human Services (HHS).

# ACTION:

Notice.

# SUMMARY:

HHS gives notice as required by 42 CFR 83.12(e) of a decision to evaluate a petition to designate a class of employees for the Norton Company in Worcester, Massachusetts, to be included in the Special Exposure Cohort under the Energy Employees Occupational Illness Compensation Program Act of 2000. The initial proposed definition for the class being evaluated, subject to revision as warranted by the evaluation, is as follows:

*Facility:*                         Norton Company.                    

*Location:*                         Worcester, Massachusetts.                    

*Job Titles and/or Job Duties:*                         All Atomic Weapons Employer employees.                    

*Period of Employment:*                         January 1, 1945 through December 31, 1957.                    

      ( print page 27552)    

# FOR FURTHER INFORMATION CONTACT:

                        Larry Elliott, Director, Office of Compensation Analysis and Support, National Institute for Occupational Safety and Health (NIOSH), 4676 Columbia Parkway, MS C-46, Cincinnati, OH 45226, Telephone 513-533-6800 (this is not a toll-free number). Information requests can also be submitted by e-mail to                         *OCAS@CDC.GOV.*

Christine M. Branche,

Acting Director,  National Institute for Occupational Safety and Health.

[FR Doc. E9-13662 Filed 6-9-09; 8:45 am]

BILLING CODE 4163-19-P