alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                    EXHIBIT 11.1



DYNAMEX INC.
CALCULATION OF NET INCOME PER COMMON SHARE
(in thousands except per share data)
(Unaudited)

<TABLE>
<CAPTION>
                                                             Three months ended
                                                                 October 31,
                                                             -------------------
                                                              2000         1999
                                                             ------      -------
<S>                                                          <C>         <C>
Net income                                                   $  498      $   405
                                                             ======      =======

Weighted average common
   shares outstanding                                        10,207       10,207

Common share equivalents related
   to options and warrants                                        3           --
                                                             ------      -------

Common shares and common share
   equivalents                                               10,210       10,207
                                                             ======      =======

Common stock price used under
   treasury stock method                                     $ 1.47      $    --
                                                             ======      =======

Net income (loss) per common share:
   Basic                                                     $ 0.05      $  0.04
                                                             ======      =======

   Diluted                                                   $ 0.05      $  0.04
                                                             ======      =======
</TABLE>


On September 16, 1999, the American Stock Exchange suspended trading in the
Company's common stock. As a result, the Company is unable to determine the
number, if any, of common share equivalents related to options and warrants for
the three months ended October 31, 1999.
**CERTIFICATION PURSUANT TO**


**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**


**(18 U.S.C. SECTION 1350)**








In connection with the accompanying Quarterly Report of Consortium Service Management Group, Inc. (the "Company") on Form 10-QSB for the quarter ended September 30, 2004 (the "Report"), I, Gordon W. Allison, Chief Financial Officer of the Company, hereby certify that to my knowledge:





(1)  The Report fully complies with the requirements of Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §78o(d)); and





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




****Date: November 18, 2004
By:
/s/ *Gordon W. Allison*Gordon W. AllisonChief Financial Officer





The above certification is furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. §1350) and is not being filed as part of the Form 10-QSB or as a separate disclosure document.








Exhibit 32.1
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
THE COMPANY'S REGISTRATION STATEMENT ON FORM SB-2, FILE NO. 333-09349
</LEGEND>
       
<S>                             <C>                 <C>
<PERIOD-TYPE>                   YEAR                9-MOS
<FISCAL-YEAR-END>                  DEC-31-1996           DEC-31-1997
<PERIOD-END>                       DEC-31-1996           SEP-30-1997
<CASH>                              20,968,831             7,951,213
<SECURITIES>                                 0             9,074,708
<RECEIVABLES>                                0                     0
<ALLOWANCES>                                 0                     0
<INVENTORY>                                  0                     0
<CURRENT-ASSETS>                    21,952,624            18,315,781
<PP&E>                                       0               278,626
<DEPRECIATION>                               0                11,085
<TOTAL-ASSETS>                      23,084,002            18,583,322
<CURRENT-LIABILITIES>                1,209,231             1,523,168
<BONDS>                                      0                     0
<PREFERRED-MANDATORY>                        0                     0
<PREFERRED>                              2,592                 2,196
<COMMON>                                11,857                16,720
<OTHER-SE>                          20,729,249            17,060,154
<TOTAL-LIABILITY-AND-EQUITY>        20,743,698            18,583,322
<SALES>                                      0                     0
<TOTAL-REVENUES>                             0                     0
<CGS>                                        0                     0
<TOTAL-COSTS>                                0                     0
<OTHER-EXPENSES>                       460,259               692,996
<LOSS-PROVISION>                             0                     0
<INTEREST-EXPENSE>                     206,222              (124,203)
<INCOME-PRETAX>                       (505,077)                    0
<INCOME-TAX>                                 0                     0
<INCOME-CONTINUING>                          0                     0
<DISCONTINUED>                               0                     0
<EXTRAORDINARY>                              0                     0
<CHANGES>                                    0                     0
<NET-INCOME>                          (505,077)           (2,939,788)
<EPS-PRIMARY>                            (0.27)                (0.83)
<EPS-DILUTED>                                0                     0
        


</TABLE>
EXHIBIT
32.1
 
 STATEMENT
REQUIRED BY 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 China Education Technology, Inc. (the
"Company") on Form 10-Q for the three and six months ended June 30, 2010 as
filed with the Securities and Exchange Commission (the "Report"), the
undersigned, in the capacities and on the dates indicated below, hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to my knowledge:
 
 1.
              The
      Report fully complies with the requirements of Section 13(a) or 15(d) of
      the Securities Exchange Act of 1934; and2.
              The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.
 
 
 
 /s/ Yan Bin
Guo
 Yan Bin
Guo
 President,
Chief Executive Officer,
 
 August
23, 2010
#### UNITED STATES of America, Plaintiff—Appellee, v. Billy BOWENS, Defendant—Appellant.

No. 07-5152.

United States Court of Appeals, Fourth Circuit.

Submitted: June 19, 2008.

Decided: June 23, 2008.

*231W. Michael Frazier, Frazier *&*Oxley, L.C., Huntington, West Virginia, for Appellant. Charles T. Miller, United States Attorney, Monica L. Dillon, Assistant United States Attorney, Charleston, West Virginia, for Appellee.

Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Billy Bowens pled guilty to possession of a firearm by a convicted felon, 18 U.S.C. § 922(g)(1) (2000), and was sentenced to a term of thirty-seven months imprisonment, the bottom of the guideline range established under the United States Sentencing Guidelines. Bowens seeks to appeal his sentence, contending that the district court committed a factual error when it determined that a variance sentence below the range was not warranted. We dismiss the appeal.

As part of his plea agreement, Bowens waived his right to appellate review of the reasonableness of a sentence within the guideline range. In this circuit, “[a] sentence within the proper Sentencing Guidelines range is presumptively reasonable.” *United States v. Allen,*491 F.3d 178, 193 (4th Cir.2007); *see Rita v. United States,*- U.S. -, 127 S.Ct. 2456, 2462-69, 168 L.Ed.2d 203 (2007) (upholding presumption of reasonableness for within-guidelines sentence). This presumption can only be rebutted by showing that the sentence is unreasonable when measured against the § 3553(a) factors. *United States v. Montes-Pineda,*445 F.3d 375, 379 (4th Cir.2006). By arguing that the court erred in rejecting his argument for a variance sentence below the advisory guideline range, Bowens is challenging the reasonableness of his within-guidelines sentence. We conclude that Bowens waived his right to appeal his sentence on this ground.

We therefore dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*DISMISSED.*
<PAGE>   1

                                                                    EXHIBIT 23.1


                         INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statement Nos.
33-63500 and 333-16547 on Form S-8 and in Registration Statement Nos. 333-80384,
333-21493 and 333-62929 on Form S-3 of I-Flow Corporation of our report dated
February 21, 2001, appearing in this Annual Report on Form 10-K of I-Flow
Corporation for the year ended December 31, 2000.


DELOITTE & TOUCHE LLP


Costa Mesa, California
March 29, 2001
EXHIBIT 31.2CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002I, Martin J. Sturgeon, certify that: 1. I have reviewed this Form 10-K of AVANIR Pharmaceuticals;  2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to theperiod covered by this report;  3. Based on my knowledge, the financial statements, and other financial informationincluded 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 periodspresented in this report;  4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) and internal control over financial reporting (as defined in Exchange ActRules 13a-15(f) and 15d-15(f)) for the registrant and have: a. Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;  b. [Omitted]  c. Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and  d. Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s most recentfiscal quarter (the registrant’s fourth fiscal quarter in the case of an annualreport) 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(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of registrant’s Board of Directors (or persons performingthe equivalent functions): a. All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likelyto adversely affect the registrant’s ability to record, process, summarize andreport financial information; and  b. Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.        Dated: December 19, 2007 /s/ Martin J. Sturgeon   Martin J. Sturgeon   Vice President and Interim Chief FinancialOfficer
I 

112TH CONGRESS 

1ST SESSION H. R. 2534 

To provide that the public debt limit shall not affect timely payment of 

certain Social Security, public debt, defense, veterans, and Medicare 

obligations. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 14, 2011 

Mr. GOWDY (for himself and Mr. SOUTHERLAND) introduced the following bill; 

which was referred to the Committee on Ways and Means 

A BILL 

To provide that the public debt limit shall not affect timely 

payment of certain Social Security, public debt, defense, 

veterans, and Medicare obligations. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ensuring America’s 

5 Promises Act of 2011’’. 


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2 

•HR 2534 IH

1 SEC. 2. TIMELY PAYMENT IN FULL OF CERTAIN OBLIGA2 TIONS NOTWITHSTANDING THE PUBLIC DEBT 

3 LIMIT. 

4 (a) IN GENERAL.—Nothing in section 3101 of title 

5 31, United States Code, shall be construed to have the 

6 effect of— 

7 (1) precluding or otherwise limiting timely re8 demption of obligations owed to the Federal Old-Age 

9 and Survivors Insurance Trust Fund or the Federal 

10 Disability Insurance Trust Fund to the extent nec11 essary to provide for timely payment in full of bene12 fits payable from such Trust Funds; 

13 (2) otherwise precluding or limiting timely pay14 ment in full of benefits payable from such Trust 

15 Funds; 

16 (3) otherwise precluding or limiting timely pay17 ment in full of amounts necessary to carry out the 

18 authority of the Department of the Treasury pro19 vided in section 3123 of title 31, United States 

20 Code, to pay with legal tender the principal and in21 terest on debt held by the public; 

22 (4) otherwise precluding or limiting timely pay23 ment in full of amounts the Secretary of Defense 

24 (and the Secretary of Homeland Security in the case 

25 of the Coast Guard) determines to be necessary to 

26 continue to provide pay and allowances (without 


tjames on DSKG8SOYB1PROD with BILLS
3 

•HR 2534 IH

1 interruption) to members of the Army, Navy, Air 

2 Force, Marine Corps, and Coast Guard, including 

3 reserve components thereof, who perform active serv4 ice; 

5 (5) otherwise precluding or limiting timely pay6 ment in full of amounts the Secretary of Veterans 

7 Affairs determines necessary to provide the benefits 

8 and programs under title 38, United States Code, to 

9 veterans and other individuals; or 

10 (6) otherwise precluding or limiting timely pay11 ment in full of obligations owned under the Medicare 

12 program under title XVIII of the Social Security 

13 Act. 

14 (b) OPERATION OF THE PUBLIC DEBT LIMIT IN

15 OTHER RESPECTS.—The limitation on public debt under 

16 section 3101 of title 31, United States Code, shall apply 

17 with respect to matters other than matters affected by 

18 subsection (a) as if subsection (a) had not been enacted. 

19 (c) TERMINATION.—Subsections (a) and (b) shall 

20 cease to have effect after December 31, 2012. 

Æ 


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##### 



SEPARATION AGREEMENT AND RELEASE OF CLAIMS
 THope-Reese@Avanir.com
 RECITALS
     1.
    
    Mr. Bergs employment with the Company will terminate effective
November 7, 2006 (the Termination Date);2.
    
    For a term of twelve (12) months following the Termination Date (the
Consulting Period), the Company will retain Mr. Berg and Mr. Berg agrees to
provide services as an independent contractor on the terms provided in the
independent contractor agreement attached hereto as Exhibit A. The Parties agree
that, concurrent with the signing of this Agreement, they will sign the independent
contract agreement that is attached hereto as Exhibit A.3.
    
    In exchange for agreeing to be bound by the terms of this Agreement and
the attached Consulting Agreement, the Company will provide Mr. Berg with the
following separation payments to which she/he otherwise would not be entitled:
 
    
    Thirty-nine (39) weeks of separation pay, calculated based on Bergs current
base salary, less all the required withholdings and taxes.
    
    If Berg chooses to elect continuation of coverage under federal law known as
COBRA, the Company will continue to pay his medical, dental and vision premium
through 31 August 2007, unless he becomes eligible for coverage




---



##### 



under another group insurance plan before that date. Effective 01 September
2007, COBRA payments become Bergs responsibility.
    
    Outplacement benefits as approved and offered through Right Management
Consultants.
  Release
   Acknowledgement of Understanding
 2




---



##### 



Pursuit of Released Claims
 Return of Company Property
 Expense Reimbursement
 Nondisparagement
 Arbitration of Disputes and Enforcement of Agreement
  3




---



##### 



Older Workers Benefit Protection Act
      Miscellaneous
 4




---



##### 



Counterparts
  Date
    
    11/28/2006
    
    
    
    /s/ James E. BergEmployeeDate
    
    07 Nov 06
    
    
    
    /s/
Theresa Hope-ReeseCompany
 5




---



##### 



EXHIBIT A
TO SEPARATION AGREEMENT AND RELEASE OF CLAIMS
 INDEPENDENT CONTRACTOR AGREEMENT  07 November 2006
 Agreement Avanir Company Parties
 WHEREAS Separation Agreement
 WHEREAS
 WHEREAS
 NOW, THEREFORE
 Consultancy Consulting Period
 Scope of Work
 Consulting Fee




---



##### 



Benefits
 Noncompetition
 Nonsolicitation
 Confidential Information Proprietary Agreement
 Breach of this Agreement
 Independent Contractor Status
 Employment Taxes
 2




---



##### 



Authority
 No Representations
 Severability
 Entire Agreement
 No Oral Modification
 Governing Law
 Effective Date
 Counterparts
 Assignment
 Voluntary Execution of Agreement
 3




---



##### 



AVANIR PHARMACEUTICALSBy
    
    Theresa Hope-Reese 07 Nov 06Theresa Hope-ReeseJAMES E. BERG, an individualJames E. BergJames E. Berg
 4
#### INTERNATIONAL FERTILIZER & CHEMICAL CORP. v. Lloyd BRASILEIRO and THE SS LOIDE GUATEMALA.

United States District Court S. D. New York.

Feb. 12, 1957.

Foley & Martin, New York City, for libelant.

Purrington; & McConnell, New York City, for respondent.

DAWSON, District Judge.

This motion, apparently made under Rule 37(a) of the Rules of Civil Procedure, 28 U.S.C.A., is to require respondent to answer certain interrogatories served by the libelant.

*194Respondent has filed a memorandum in opposition to the motion which raises issues of materiality and relevancy of certain of the interrogatories. Under Rule 33 of the Rules of Civil Procedure the party to whom an interrogatory is addressed has ten days in which to file a written objection. This right may be waived by the absence of an objection or by submission of answers to interrogatories. Since libelant’s interrogatories were served November 28, 1956, and respondent’s answers were served January 22, 1957, any objections on the ground of materiality and relevancy are now barred.

Respondent was therefore under an obligation to answer the interrogatories, or if it could not answer them, it would be required to so state under oath and to set forth in detail the *efforts*made to obtain the information. 3 Moore, Federal Practice, Par. 33.26 at p. 2331 (2d ed. 1950).

An examination of the answers provided to libelant’s interrogatories shows that respondent has failed to answer them. For example, the second interrogatory asks: “State the date on which subject shipment was accepted by respondent.” This is answered: “The bill of lading shows the goods were receipted for on October 31, 1950.” This is not an answer to the interrogatory.

The third interrogatory asks whether a dock receipt was issued at the time of the receipt of the shipment. This is answered: “A search is being made for any dock receipt given.” This is not an answer to the interrogatory.

Respondent is directed to answer each of the interrogatories listed in the notice of motion. If it does not have the information it shall answer such interrogatory by so stating under oath and the answer shall set forth in detail the efforts made by respondent to obtain the information in such case.

So ordered.
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








In connection with the Quarterly Report of Charles & Colvard, Ltd. (the “Company”) on Form 10-Q for the quarterly period ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Timothy L. Krist, 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, to my knowledge, that:





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





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











/s/ Timothy L. Krist


Timothy L. Krist


Chief Financial Officer


May 12, 2011





This Certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, and shall not be deemed “filed” by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and shall not be incorporated by reference into any filing of the Company under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, whether made before or after the date of this Report, irrespective of any general incorporation language contained in such filing.





A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.