alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
|   | (1)  the      Annual Report on Form 10-K of the Company for the year ended December      31, 2009 (the "Report") of The Savannah Bancorp, Inc. (the "Company")       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. |
|--------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                                                                                                                                                                                                                 |                                                                                                                                               |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------|
| Date:    3/16/10                                 |  /s/ John C. Helmken IIJohn      C. Helmken IIPresident      and Chief Executive Officer(Principal      Executive Officer)                    |
|                                                                                                                                                                                                                                 |                                                                                                                                               |
| Date:    3/16/10                                 |  /s/ Michael W. Harden,      Jr.Michael      W. Harden, Jr.Chief      Financial Officer(Principal      Financial and Accounting Officer) |
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                       2,199,456
<SECURITIES>                                   499,740
<RECEIVABLES>                                  159,847
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             2,859,043
<PP&E>                                      23,141,983
<DEPRECIATION>                              14,445,214
<TOTAL-ASSETS>                              11,594,773
<CURRENT-LIABILITIES>                          333,669
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  11,261,104
<TOTAL-LIABILITY-AND-EQUITY>                11,594,773
<SALES>                                      5,273,962
<TOTAL-REVENUES>                             5,636,048
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             5,653,736
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (17,688)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (17,688)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (17,688)
<EPS-PRIMARY>                                   (0.50)
<EPS-DILUTED>                                   (0.50)
        

</TABLE>
**Exhibit 23.2****Consent of Independent Registered Public Accounting Firm**We consent to the incorporation by reference in the following Registration Statements ofDelphi Financial Group, Inc.: 1. Registration Statement (Form S-8 No. 33-42634) pertaining to the EmployeeNonqualified Stock Option Plan  2. Registration Statement (Form S-8 No. 333-32961) pertaining to the Second Amended andRestated Employee Stock Option Plan  3. Registration Statement (Form S-8 No. 33-72614) pertaining to the Employee StockPurchase Plan  4. Registration Statement (Form S-8 No. 33-99164) pertaining to the SIG Holdings, Inc.1992 Long Term Incentive Plan  5. Registration Statement (Form S-8 No. 333-96293) pertaining to the Amended andRestated Directors Stock Option Plan  6. Registration Statements (Form S-3 No. 33-77028 and Form S-3 No. 333-86666)pertaining to the shelf registration of securities of Delphi Financial Group, Inc.  7. Registration Statement (Form S-3 No. 333-118052 and Form S-3 No. 333-136661)pertaining to the registration of Class A Common Stock of Delphi Financial Group, Inc.  8. Registration Statement (Form S-8 No. 333-134563) pertaining to the 2003 EmployeeLong-Term Incentive and Share Award Plan, the Second Amended and Restated Employee StockOption Plan, the Second Amended and Restated Directors Stock Plan and the Employee StockPurchase Plan.  9. Registration Statement (Form S-3 No. 333-142932) pertaining to the registration ofdebt securities.of our reports dated February 25, 2008, with respect to the consolidated financial statements andschedules of Delphi Financial Group, Inc. and the effectiveness of internal control over financialreporting of Delphi Financial Group, Inc., included in this Annual Report (Form 10-K) for the yearended December 31, 2007./s/ ERNST & YOUNG LLP  Philadelphia, Pennsylvania
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          14,921
<SECURITIES>                                         0
<RECEIVABLES>                                   47,295
<ALLOWANCES>                                       537
<INVENTORY>                                     72,748
<CURRENT-ASSETS>                               140,231
<PP&E>                                          54,628
<DEPRECIATION>                                  11,983
<TOTAL-ASSETS>                                 285,870
<CURRENT-LIABILITIES>                           33,813
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        32,705
<OTHER-SE>                                     168,503
<TOTAL-LIABILITY-AND-EQUITY>                   285,870
<SALES>                                        145,692
<TOTAL-REVENUES>                               145,692
<CGS>                                           73,604
<TOTAL-COSTS>                                   73,604
<OTHER-EXPENSES>                                63,645
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,976
<INCOME-PRETAX>                                  5,696
<INCOME-TAX>                                     2,210
<INCOME-CONTINUING>                              3,486
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,486
<EPS-BASIC>                                        .11
<EPS-DILUTED>                                      .11


</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.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 96-10606

__________________

Steven W. Clary,

Plaintiff-Appellant,

versus

Computer Associates International, Inc., 

Defendant-Appellee.

______________________________________________

Appeal from the United States District Court for the

Northern District of Texas

(3:95-CV-282-G)

______________________________________________

February 19, 1997

Before DUHÉ, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:*

Plaintiff-Appellant Stephen W. Clary appeals from an adverse

summary judgment of the district court dismissing his

discrimination claim brought pursuant to the Age Discrimination in

Employment Act, 29 U.S.C. § 621 et seq. After a careful review of
2

the pleadings, summary judgment motion, response thereto, summary

judgment evidence of both parties, and the arguments presented on

appeal, our de novo review convinces us that the district court

correctly granted summary judgment.

Specifically, Clary’s attempt to establish that he was

subjected to disparate treatment discrimination by offering

evidence of a pattern or practice of discrimination cannot succeed

because his own deposition refutes personal knowledge of the ages

of other allegedly terminated employees. Clary’s failure to

present competent summary judgment evidence regarding the ages of

such employees, when evidence of this nature was readily

ascertainable through discovery, precludes him from creating a fact

issue regarding the defendant’s alleged pattern or practice of

discrimination. See, e.g., Vidrine v. Enger, M.D., 752 F.2d 107,

110 (5th Cir. 1984) (“We have repeatedly held that, while notice

pleading is sufficient to open the federal courthouse door, a party

opposing a motion for summary judgment, properly put, may not ask

the court to try the case in order to determine the facts but must

set forth by affidavit or deposition specific facts that would

justify judgment in his favor if proved.”). Clary’s failure in

this regard also precludes him from establishing a material

question of fact, in combination with other evidence in the record,

regarding the ultimate question of discrimination vel non.

Because the competent summary judgment evidence before the
3

district court did not raise a material fact issue that age was a

determinative reason for Clary’s termination, the judgment of the

district court is AFFIRMED.
Exhibit 31.2**CERTIFICATION**I, Mark A. Prygocki, Sr., certify that: 1. I have reviewed this annual report on Form 10-K of MedicisPharmaceutical Corporation;  2. Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made,in light of the circumstances under which such statements were made, not misleadingwith respect to the period covered by this report.   Date: October 28, 2005     MARK A. PRYGOCKI, SR.     /s/ MARK A. PRYGOCKI, SR.     (Mark A. Prygocki, Sr.)  Executive Vice President, Chief Financial Officer,  Corporate Secretary and Treasurer
**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 Braintech, Inc. (the "Company ") on Form 10-QSB for the three months ended March 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Edward A. White, the Principal Financial and Accounting 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 my knowledge: 

(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 result of operations of the Company.

 

 

/s/ Edward A. White                                  

Edward A. White

Principal Financial Officer and Accounting Officer 

May 12, 2006
CIRCUIT COURT OF ARLINGTON COUNTY

#### Theresa Bell v. Rosenthal Chevrolet Co. et al.

September 4, 1974

Case No. (Law) 15930

By JUDGE CHARLES H. DUFF

This matter is before the Court on defendant General Motors Motion under Rule 4:12(a)(4) for assessment of reasonable expenses and counsel fees incurred in obtaining an order compelling plaintiff to respond to various interrogatories previously filed. I have carefully reviewed the representations of both counsel at the hearing and the Memorandum filed by the defendant and am of the opinion that the Motion should be granted.

Rule 4:12(a)(4) was adopted from Rule 37 of the Federal Rules of Civil Procedure. As presently phrased it provides that upon granting the motion for discovery the Court "shall" require payment of the moving party’s reasonable expenses. Two exceptions are provided in the Rule, viz. that the opposition to the motion was substantially justified or that "other circumstances" make such an award unjust. There do not appear to be other circumstances present; the crux then is whether the failure to answer the interrogatories was substantially justified. I find that it was not.

In assessing the quantum of attorneys’ fees the Court is not bound by counsel’s contract with his client but has discretion in awarding "reasonable" expenses. Under the totality of all of the circum*450stances presented an award of $100.00 counsel fees and $4.25 expenses, for a total of $104.25, will be entered against plaintiff’s counsel, to be paid within 30 days hereof.
CIRCUIT COURT OF BOTETOURT COUNTY

#### Commonwealth of Virginia v. David Loyal Ivie

September 8, 1982

By JUDGE DUNCAN M. BYRD, JR.

I am of the opinion that the defendant held title and possession of the property in question in trust for the Church, to-wit: "the collective membership of persons constituting the congregation" and that the Church in question is/was "another" within the context of Code of Virginia Section 18.2-96. When the defendant "took and carried away" the property in question, he violated his trust and converted the property to his own possession.

The intent to steal, that is the "animus furandi" is a question of fact which must be inferred from the totality of the circumstances. Here, I am of the opinion that the wrongful conversion infers the *animus furandi. Slater*v. *Commonwealth,*179 Va. 899 (1918).

The defendant is guilty of larceny in violation of Code of Virginia, Section 18.2-111 (Embezzlement).
EXHIBIT 11 - COMPUTATION OF PER SHARE EARNINGS

Earnings per share has been calculated in accordance with the provisions of
Statement of Financial Accounting Standards (SFAS) No. 128 "Earnings Per Share"
issued by the Financial Accounting Standards Board. SFAS No. 128 requires
presentation of earnings per share on a basic computation and a diluted
computation. The basic computation divides net income by only the weighted
average number of common shares outstanding for the year and the diluted
computation gives effect to all diluted common shares that were outstanding
during the year.

The following data shows the amounts used in computing earnings per share and
the effect on income and the weighted average number of shares in thousands of
dilutive potential common stock.

    Years Ended December 31,
                                                       2002     2001     2000
                                                     -------  -------  -------
      Income available to common shareholders:
      Used in basic earnings per share               $ 4,508  $ 4,398  $ 4,292
                                                     -------  -------  -------
      Used in diluted earnings per share             $ 4,508  $ 4,398  $ 4,292
                                                     -------  -------  -------
      Weighted average number of common
         shares used in basic earnings per share*      3,280    3,254    3,272
      Effect of dilutive securities:
         Stock options *                                  48       58       53
                                                     -------  -------  -------
      Weighted average number of common
         and dilutive potential common shares
         used in diluted earnings per share *          3,328    3,312    3,325
                                                     -------  -------  -------

* - 2002, 2001 and 2000 have been restated for 10 percent stock dividends in May
2001 and February 2003.
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 Braintech, Inc. (the "Company") on Form 10-QSB for the three months ended September 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Owen L.J. Jones the Principal 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 my knowledge:

(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 result of operations of the Company.



/s/ Owen Jones			Owen L.J. Jones
Principal Executive Officer

November 12, 2003
#### UNITED STATES of America, Appellee, v. Jose BELTRAN-MEDINA, Appellant.

No. 07-2868.

United States Court of Appeals, Eighth Circuit.

Submitted: June 30, 2008.

Filed: July 1, 2008.

Bruce Gillan, Assistant U.S. Attorney, U.S. Attorney’s Office, District of Nebraska, Lincoln, NE, for Appellee.

Michael J. Tasset, Johnson & Mock, Oakland, NE, for Appellant.

Before WOLLMAN, RILEY, and GRUENDER, Circuit Judges.

PER CURIAM.

Jose Beltran-Medina (Beltran) appeals the 120-month sentence the district court1 imposed after he pleaded guilty to conspiring to distribute and possess with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841(b)(1), 846. His counsel has moved to withdraw and filed a brief under *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the district court erred in denying Beltran safety-valve relief.

We conclude that the district court did not clearly err in denying safety-valve relief. In a post-arrest, videotaped interview with authorities, Beltran disclosed only the most basic facts of his offense and was less than forthcoming as to information he reasonably could have been expected to know. *See United States v. Guerra-Cabrera,*477 F.3d 1021, 1025 (8th Cir.2007) (defendant must do more than disclose basic facts of crime, and district court may hold defendant responsible for disclosing identities and participation of other individuals in offense if defendant could reasonably be *483expected to have such information); *United States v. Soto,*448 F.3d 993, 995-96 (8th Cir.2006) (standard of review; court is entitled to draw reasonable inferences from evidence when assessing truthfulness of safety valve proffer).

After reviewing the record independently under *Penson v. Ohio,*488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel leave to withdraw, and we affirm the district court’s judgment.

1

. The Honorable Warren K. Urbom, United States District Judge for the District of Nebraska.
**Exhibit 23.1**

**CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS**

As independent public accountants, we hereby consent tothe inclusion of our report dated February 1, 2006 included in Transcend Services, Inc.’s Annual Report on Form 10-K for the year ended December 31, 2005 as well as the incorporation by reference of such report into the Company’spreviously filed Registration Statements File Nos. 333-106454, 333-106446, 33-83344, 033-41361, 333-04777, 033-59115, 333-19177, 333-16213, 333-116911, 333-116910, 333-78777 and 333-131059. 

/s/ Miller Ray Houser & Stewart LLP 

Atlanta, Georgia 

March 3, 2006
Exhibit 31.1  
 I, James Green, certify that:
  1. I have reviewed this quarterly report on Form 10-Q of the registrant, Digital Lightwave, Inc.
  2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
  3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;
  4. T he registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
  (a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
  (b) e valuated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures as of the end of the period covered by this report based on such evaluation; and
  (c) disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and
  5. The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent function):
  (a) all significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting which are 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 involves management or other employees who have a significant role in the registrants internal controls over financial reporting.
  Date: November 17, 2003By:/s/ James GreenJames GreenChief Executive Officer and President