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


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              MAR-31-1998
<PERIOD-START>                                 OCT-01-1997
<PERIOD-END>                                   MAR-31-1997
<CASH>                                               76166
<SECURITIES>                                        692886
<RECEIVABLES>                                       206522
<ALLOWANCES>                                             0
<INVENTORY>                                         581169
<CURRENT-ASSETS>                                   1589873
<PP&E>                                              271280
<DEPRECIATION>                                     (120501)
<TOTAL-ASSETS>                                     2229029
<CURRENT-LIABILITIES>                              1855902
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                            252
<COMMON>                                              1868
<OTHER-SE>                                         (306342)
<TOTAL-LIABILITY-AND-EQUITY>                       2229029
<SALES>                                            1271328
<TOTAL-REVENUES>                                   1271328
<CGS>                                               650220
<TOTAL-COSTS>                                       650220
<OTHER-EXPENSES>                                   1224512
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                   91606
<INCOME-PRETAX>                                    (572828)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                                (572828)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                       (572828)
<EPS-PRIMARY>                                         (.31)
<EPS-DILUTED>                                         (.31)
        


</TABLE>
* Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 96-11000

Conference Calendar

__________________

UNITED STATES OF AMERICA,

 Plaintiff-Appellee,

versus

MARK ALLEN RODRIGUEZ,

also known as Mark Blair,

 Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:94-CR-169-P

- - - - - - - - - -

April 16, 1997

Before REAVLEY, DAVIS, and BARKSDALE, Circuit Judges. 

PER CURIAM:*

Mark Allen Rodriguez appeals the revocation of his

supervised release, pursuant to 18 U.S.C. § 3583(e)(3). 

Rodriguez contends that he was denied due process because the

district court considered undisclosed evidence in revoking his

supervised release and imposing a 24-month sentence. We have
No. 95-40912

-2-

reviewed the record and the briefs of the parties and find no

reversible error.

AFFIRMED.
**Exhibit 32****SECTION 1350 CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER**     I,Timothy D. Harris, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of Komag, Incorporated onForm 10-K for the fiscal year ended December 31, 2006 fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained insuch Form 10-K fairly presents in all material respects the financial condition and results ofoperations of Komag, Incorporated.                  February 22, 2007 BY: /s/ Timothy D. Harris            Timothy D. Harris    Chief Executive Officer       I, Kathleen A. Bayless, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Komag, Incorporated onForm 10-K for the fiscal year ended December 31, 2006 fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained insuch 10-K fairly presents in all material respects the financial condition and results ofoperations of Komag, Incorporated.                  February 22, 2007 BY: /s/ Kathleen A. Bayless            Kathleen A. Bayless    Chief Financial Officer       This certification accompanies this Report on Form 10-K pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemedfiled by Komag, Incorporated for purposes of Section 18 of the Security Exchange Act of 1934, asamended. A signed original of this written statement required by Section 906 has been provided toKomag, Incorporated and will be retained by Komag, Incorporated and furnished to the Securities andExchange Commission or its staff upon request.
ESTABLISHMENT DATA ESTABLISHMENT DATA

EARNINGS EARNINGS

NOT SEASONALLY ADJUSTED NOT SEASONALLY ADJUSTED

B-17. Average hourly earnings, excluding overtime1 of production employees on manufacturing payrolls

Industry Mar.

2011

Apr.

2011

Feb.

2012

Mar.

2012 p

Apr.

2012 p

Manufacturing ............................................................................. $18.01 $18.05 $18.18 $18.14 $18.29

Durable goods .......................................................................... 19.14 19.20 19.24 19.16 19.27

Wood products ........................................................................ 14.25 14.28 14.11 14.17 2 ( )

Nonmetallic mineral products ............................................... 16.83 17.05 16.95 16.91 2 ( )

Primary metals ........................................................................ 18.61 18.79 18.91 18.80 2 ( )

Fabricated metal products ..................................................... 17.17 17.16 17.26 17.28 2 ( )

Machinery ................................................................................. 18.38 18.41 18.89 18.88 2 ( )

Computer and electronic products ....................................... 22.51 22.73 22.74 22.61 2 ( )

Electrical equipment and appliances ................................... 17.13 17.12 17.25 17.13 2 ( )

Transportation equipment ..................................................... 24.00 24.21 23.52 23.41 2 ( )

Furniture and related products ............................................. 14.62 14.81 14.85 14.74 2 ( )

Miscellaneous manufacturing ............................................... 16.36 16.40 16.56 16.40 2 ( )

Nondurable goods ................................................................... 16.21 16.23 16.45 16.46 16.67

Food manufacturing ............................................................... 13.85 13.88 14.20 14.18 2 ( )

Textile mills .............................................................................. 13.34 13.35 12.93 12.85 2 ( )

Textile product mills ................................................................ 11.77 12.01 11.87 12.06 2 ( )

Apparel ..................................................................................... 11.30 11.24 12.39 12.20 2 ( )

Paper and paper products ..................................................... 18.95 19.16 19.21 19.37 2 ( )

Printing and related support activities ................................. 16.82 16.77 16.63 16.83 2 ( )

Petroleum and coal products ................................................ 30.00 29.82 28.96 28.95 2 ( )

Chemicals ................................................................................ 20.38 20.26 20.59 20.49 2 ( )

Plastics and rubber products ................................................ 15.08 15.12 15.29 15.29 2 ( )

154

1 Derived by assuming that overtime hours are paid at the rate of

time and one-half.

2 Data not available.

p = preliminary.

NOTE: Data are currently projected from March 2011 benchmark

levels. When more recent benchmark data are introduced with

the release of January 2013 estimates, all unadjusted data from

April 2011 forward are subject to revision.
<PAGE>
                                                                    EXHIBIT 10.4

              SECOND AMENDMENT TO THE ESCO ELECTRONICS CORPORATION
                     SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN

                  WHEREAS, ESCO Technologies Inc. ("Company") previously adopted
the ESCO Electronics Corporation Supplemental Executive Retirement Plan ("Plan")
for the benefit of selected executives effective as of August 2, 1993; and

                  WHEREAS, the Company retained the right to amend the Plan
pursuant to Section IX-G thereof; and

                  WHEREAS, the Company desires to amend the Plan effective May
1, 2001 ("Effective Date");

                  NOW, THEREFORE, effective as of the Effective Date, the Plan
is amended as follows:

         1. Section IV-B is deleted in its entirety and replaced with the
         following:

         B. Notwithstanding Section IV-A, the benefit payable under Section III
         may, at the election of the Participant or Beneficiary, as applicable,
         be payable as a benefit of equivalent actuarial value to the benefit
         described in Section III in accordance with any distribution form
         permitted under the Retirement Plan, except that, a lump sum
         distribution form shall not be available at the Participant's or
         Beneficiary's election.

            Notwithstanding Section IV-A, the Committee may, in its discretion,
         direct that a benefit, of equivalent actuarial value to the benefit
         described in Section III, shall be payable to any Participant in such
         form and payable at such times as the Committee shall determine,
         including, without limitation, a lump sum distribution form. All
         equivalent actuarial values shall be determined using the same
         actuarial assumptions as are used in computing equivalent actuarial
         values under the Retirement Plan.

         2. Section IX-G is deleted and replaced with the following:

         G. Amendment and Termination. The Committee may and reserves the right
         to amend or terminate the Plan. Each Employer may terminate its
         participation in the Plan at any time with approval of the Committee.

                                        1

<PAGE>




                  IN WITNESS WHEREOF, ESCO Technologies Inc. has caused this
Amendment to be executed by one of its duly authorized officers this 10th day of
May, 2001.

                                     ESCO TECHNOLOGIES INC.




                                     By
                                       -------------------------------

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

                                        2
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

_____________

No. 96-3011EA

_____________

Pinkey McFarlin, *

*

Appellant, *

*

v. *

* Appeal from the United States

Marvin Poe, Individually and in his * District Court for the Eastern

official capacity as the coordinator of * District of Arkansas.

the third Judicial Drug Task Force; *

David Stewart, Individually and in his * [UNPUBLISHED]

official capacity as Chief of Police of *

the Newport Police Department, *

*

Appellees. *

_____________

 Submitted: July 2, 1997

Filed: July 10, 1997

_____________

Before McMILLIAN, FAGG, and LOKEN, Circuit Judges.

_____________

PER CURIAM.

Pinkey McFarlin appeals the district court's adverse grant of summary judgment

in McFarlin's 42 U.S.C. § 1983 action. Having reviewed the record and the parties'

briefs, we conclude the judgment of the district court was correct. We thus affirm the

district court without further discussion. See 8th Cir. R. 47B.
-2-

We deny appellee David Stewart's motion to dismiss and motion for fees, costs,

and sanctions.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL  INFORMATION EXTRACTED FROM BODDIE-NOELL
PROPERTIES,  INC.  FINANCIAL  STATEMENTS  AS OF AND FOR THE TWELVE  MONTHS ENDED
DECEMBER  31,  1996,  AND IS  QUALIFIED  IN ITS  ENTIRETY BY  REFERENCE  TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                                           <C> 
<PERIOD-TYPE>                                 YEAR
<FISCAL-YEAR-END>                             DEC-31-1996
<PERIOD-START>                                JAN-01-1996
<PERIOD-END>                                  DEC-31-1996
<CASH>                                            842,604
<SECURITIES>                                            0
<RECEIVABLES>                                      12,695
<ALLOWANCES>                                            0
<INVENTORY>                                             0 
<CURRENT-ASSETS>                                1,247,601
<PP&E>                                        109,815,123
<DEPRECIATION>                               (11,461,365)
<TOTAL-ASSETS>                                103,435,982
<CURRENT-LIABILITIES>                           1,181,287
<BONDS>                                        77,352,257
<COMMON>                                           30,746
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
<OTHER-SE>                                     24,871,692
<TOTAL-LIABILITY-AND-EQUITY>                  103,435,982
<SALES>                                                 0
<TOTAL-REVENUES>                               14,507,824
<CGS>                                                   0
<TOTAL-COSTS>                                   5,951,956
<OTHER-EXPENSES>                                  894,360
<LOSS-PROVISION>                                        0
<INTEREST-EXPENSE>                              5,945,693
<INCOME-PRETAX>                                 1,715,815
<INCOME-TAX>                                            0
<INCOME-CONTINUING>                             1,715,815
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                    1,715,815
<EPS-PRIMARY>                                        0.57
<EPS-DILUTED>                                        0.57
        



</TABLE>
PERSONAL & CONFIDENTIAL

TO: John Morgan

FROM: Jim Balloun

DATE: October 24, 2001

                                 GOING FORWARD
--------------------------------------------------------------------------------

     We've re-organized Lithonia to relieve you of responsibilities there so
you can give full attention to driving improvements at Holophane and begin to
take leadership for corporate initiatives. I expect that this will lead to more
responsibility and advancement in Acuity Brands. You will be located in Atlanta
and you will be traveling to Ohio and other locations. It is in our interest
that you move from Ohio to Atlanta, and you intend to purchase a home here.

     The company will provide a relocation benefit consisting of the following:

     (a)  your expenses for moving your household effects to Atlanta;

     (b)  brokerage and closing costs (up to two points) you incur in connection
          with the sale of your home in Ohio and the purchase of a home in
          Atlanta; and,

     (c)  when you move, a one-time payment of one month's salary to assist you
          in the relocation.

     In addition to the foregoing, we will assist you in obtaining a bridge
loan through the company should you purchase a home in Atlanta prior to
selling your home in Ohio.

     Finally, in the unlikely event that you are asked to re-locate within the
next three years, we will reimburse you for the difference, if any, between
what you paid for your house and the selling price. This is not to exceed
$80,000, and will be grossed up for tax impact.

     I hope this transition goes smoothly. I look forward to working together
to make it a roaring success.

cc:  Joe Parham
#### NEUSS HESSLEIN & CO., Inc., v. CAROLINA FREIGHT CARRIERS CORPORATION.

United States District Court S. D. New York.

Dec. 13, 1949.

George I. Janow, New York City, for plaintiff.

John P. Smith, New York City, for defendant.

NOONAN, District Judge.

This is a motion to amend an answer under Rule 15(a), Federal Rules of Civil Procedure, 28 U.S.C.A. The complaint in this case, alleging breach of contract and ■conversion, was filed on March 7, 1949. The answer, denying the material allegations of the complaint was filed March 28, 1949. The deposition of the plaintiff was taken on April 19, 1949. The defendant now wishes to amend his answer to interpose an affirmative defense to the effect that the plaintiff is not the real party in interest.

The plaintiff, in opposition to this motion, does not argue against the amendment, but, rather, challenges the legal sufficiency of the proposed amended answer. However, ■on a motion to amend, it is not the function of the court to pass on or test the legal sufficiency of the proposed pleading. Rucienski v. Vanedium Corp. of America, D.C., 6 F.R.D. 313.

Motion granted.
Coucr of AWsAis

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Deloitte &
 Touche LLP

-----------       --------------------------------------------------------------
                  50 Fremont Street                    Telephone: (415) 247-4000
                  San Francisco, California 94105-2230 Facsimile: (415) 247-4329




INDEPENDENT AUDITORS' REPORT ON SCHEDULE

Board of Directors and Stockholders of
  Sharper Image Corporation:

We have audited the  financial  statements of Sharper  Image  Corporation  as of
January 31,  1997 and 1996 and for each of the three  years in the period  ended
January 31, 1997, and have issued our report thereon dated March 28, 1997,  such
financial  statements  and  reports are  included in your 1996 Annual  Report to
Stockholders and are incorporated herein by reference.  Our audits also included
the financial  statement schedule of Sharper Image  Corporation,  listed in Item
14. This financial  statement  schedule is the  responsibility  of the Company's
management.  Our responsibility is to express an opinion based on our audits. In
our opinion,  such financial statement schedule,  when considered in relation to
the basic financial statements taken as a whole, presents fairly in all material
respects the information set forth therein.

/s/ Deloitte & Touche LLP

March 28, 1997

-----------------
Deloitte Touche
Tohmatsu
International
-----------------
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 Quarterly Report of Affinion Group, Inc. (the Company) on Form 10-Q for the
quarter ended September 30, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Form 10-Q), I, Nathaniel J. Lipman, Chief Executive 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 to the best of my knowledge:

(i) the Form
10-Q fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934; and

(ii) the
information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and result of operations of the Company.

Dated:
November 13, 2007.



|                                     
|-------------------------------------
|/s/ Nathaniel J. Lipman              
|Nathaniel J. Lipman                  
|President and Chief Executive Officer
**Exhibit32.2**

 

**CERTIFICATIONOF CHIEF FINANCIAL**

 

**OFFICEROF HILAND HOLDINGS GP, LP**

 

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

 

In connection with theaccompanying quarterly report on Form 10-Q for the three and nine months endedSeptember 30, 2007 and filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, Ken Maples, Chief Financial Officer, VicePresident-Finance and Secretary of Hiland Partners GP Holdings, LLC, thegeneral partner of Hiland Holdings GP, LP (the “Company”), hereby certify,pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

1.               The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

2.               The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
| Date: November 9, 2007 | /s/ Ken Maples |                                                  |
|------------------------|----------------|-------------------------------------------------------|
|                   |           | Ken Maples                                            |
|                   |           | Chief Financial Officer, Vice  President-Finance |
|                   |           |   and  Secretary                                 |

 

----