alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                   EXHIBIT 11

             Statement Regarding Computation of Per Share Earnings



<TABLE>
<CAPTION>
Basic
                                                         Year Ended September 30,

                                                      1999         1998         1997

<S>                                                <C>            <C>          <C>
Weighted average outstanding shares.............      903,460      931,195      795,479

Net income (loss) ..............................   $1,299,999     $634,874     $495,499

Net income (loss) per common share .............   $     1.44     $   0.68     $   0.62
</TABLE>



<TABLE>
<CAPTION>
Diluted
                                                          Year Ended September 30,

                                                       1999         1998         1997
<S>                                                <C>            <C>          <C>
Weighted average outstanding shares.............      903,460      950,833      797,722

Net income (loss) ..............................   $1,299,999     $634,874     $495,499

Net income (loss) per common share .............   $     1.44     $   0.67     $   0.62
</TABLE>
O pinion i ssued March 14 , 2013

In The 

## Court of Appeals For The 

## First District of Texas

NO . 01
- 12
- 0 1109
- CV

____________ BARBARA J. ELLIS , Appellant
V. FIESTA MART INC. D/B/A FIESTA STORE NO. 18 , Appellee
On Appeal from the County Civil Court at Law No. 4 Harris County, Texas Trial Court Ca u se No. 1008730

MEMORANDUM O PINION This is an attempted appeal from an interlocutory summary judgment order

. Appellee , Fiesta Mart Inc. d/b/a Fiesta Store No. 18 (“Fiesta”) , filed a motion to dismiss the appeal for want of jurisdiction on the grounds that the order is a non

-2 appealable interlocutory order

. We requested a res ponse to the motion from the appellant, and the appellant did not file a response. Generally, appeals may be taken only from final judgments. Lehmann v.
Har

- Con Corp ., 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders may be appeale d only if authoriz ed by statute. Bally Total Fitness Corp. v. Jackson , 53 S.W.3d 352, 352 (Tex. 2001)

. The record in this case demonstrates that the appellant named two defendants in her amended petition, Fiesta and Robert Ronald Davis. Subsequent to the filing of t he amended petition, t he trial court granted Fiesta’s motion for summary judgment , and the appellant filed a notice of appeal. T he record does not reflect that appellant’s claims against Robert Ronald Davis have been resolved, nor is there any evidence in the record that there has been any severance of the judgment entered in favor of Fiesta

. Under these circumstances , the order at issue is interlocutory and non

- appealable, and we do not have jurisdiction over this appeal

. See Lehmann , 29 S.W.3d at 195; see also Johnson v. Pierre , No. 01

- 09

- 00820

- CV, 2011 WL 743110, at *2 (Tex. App.

— Houston [1st Dist.] Mar. 3, 2011, no pet.) (“ A summary judgment that does not dispose of all parties and causes of action is not final and appealable absent a severance.”).3 Accordingly, we grant appellee’s motion and dismiss the appeal for want of jurisdiction. See T EX
. R. A PP
. P. 42.3(a), 43.2(f). We dismiss any other pending motions as moot.
P ER CURI A M Panel consists of Justices Jennings, Bland, and Massengale

.
I 

112TH CONGRESS 

1ST SESSION H. R. 3214 

To amend the Food and Drug Administration’s mission. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 14, 2011 

Mr. ROGERS of Michigan (for himself, Mrs. MYRICK, Mrs. BLACKBURN, Mrs. 

MCMORRIS RODGERS, Mr. GUTHRIE, Mr. SHIMKUS, Mrs. BONO MACK, 

Mr. LATTA, and Mr. PAULSEN) introduced the following bill; which was 

referred to the Committee on Energy and Commerce 

A BILL 

To amend the Food and Drug Administration’s mission. 

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 ‘‘Food and Drug Ad5 ministration Mission Reform Act of 2011’’. 

6 SEC. 2. FDA’S MISSION. 

7 Section 1003(b) of the Federal Food, Drug, and Cos8 metic Act (21 U.S.C. 393(b)) is amended— 

9 (1) in paragraph (2), by striking ‘‘with respect 

10 to such products’’ and inserting ‘‘with respect to 

11 regulated products’’; 


PWALKER on DSK5TPTVN1PROD with BILLS
2 

•HR 3214 IH

1 (2) in paragraph (4), by striking ‘‘(1) through 

2 (3)’’ and inserting ‘‘(1) through (4)’’; 

3 (3) by redesignating paragraphs (2) through 

4 (4) as paragraphs (3) through (5); and 

5 (4) by inserting after paragraph (1) the fol6 lowing: 

7 ‘‘(2) establish a regulatory system that— 

8 ‘‘(A) advances medical innovation by incor9 porating modern scientific tools, standards, and 

10 approaches to ensure the predictable, con11 sistent, efficient, and reasonable review, clear12 ance, approval, and licensing (as appropriate) 

13 of innovative products, including drugs, devices, 

14 and biological products; 

15 ‘‘(B) protects the public health and enables 

16 patients to access novel products while pro17 moting economic growth, innovation, competi18 tiveness, and job creation among the industries 

19 regulated by this Act; 

20 ‘‘(C) is based on the best available science; 

21 ‘‘(D) allows for public participation and an 

22 open exchange of ideas; 

23 ‘‘(E) promotes predictability, allows flexi24 bility, and reduces uncertainty; 


PWALKER on DSK5TPTVN1PROD with BILLS
3 

•HR 3214 IH

1 ‘‘(F) identifies and uses the most innova2 tive and least burdensome tools for achieving 

3 regulatory ends; 

4 ‘‘(G) ensures that regulations are acces5 sible, consistent, transparent, written in plain 

6 language, and easy to understand; 

7 ‘‘(H) measures, and seeks to improve, the 

8 actual results of regulatory requirements; and 

9 ‘‘(I) incorporates a patient-focused benefit10 risk framework that accounts for varying de11 grees of risk tolerance, including for people liv12 ing with a life-impacting chronic disease or dis13 ability;’’. 

Æ 


PWALKER on DSK5TPTVN1PROD with BILLS
THE THIRTEENTH COURT OF APPEALS

13-13-00408-CV

DANA BISHOP

v.

VRM (VENDOR RESOURCE MANAGEMENT DULY AUTHORIZED AGENT FOR THE 

SECRETARY OF VETERANS AFFAIRS)

On Appeal from the

County Court at Law No. 4 of Williamson County, Texas

Trial Cause No. 12-1897-CC4

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes the appeal should be dismissed as moot. The Court orders the 

appeal DISMISSED AS MOOT in accordance with its opinion. Costs of the appeal are 

adjudged against appellant although she is exempt from payment due to her affidavit to 

inability to pay costs.

We further order this decision certified below for observance.

January 16, 2014
Order entered October 19, 2017

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-16-01136-CR

ALBERT AYALA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 292nd Judicial District Court

Dallas County, Texas

Trial Court Cause No. F14-70946-V

ORDER

The State’s exhibits 36 and 37 were filed October 18, 2017.

In light of this, we VACATE that portion of our October 17, 2017 order that orders Peri 

Wood not sit as a court reporter.

We DIRECT the Clerk to send copies of this order to the Honorable Brandon 

Birmingham, Presiding Judge, 292nd Judicial District Court; to Peri Wood, official court 

reporter of the 292nd Judicial District Court; to the Dallas County Auditor’s Office; and to all 

counsel for all parties. 

/s/ ELIZABETH LANG-MIERS 

PRESIDING JUSTICE
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENT OF OPERATIONS FOUND ON
PAGES 3 AND 4 OF THE COMPANY'S FORM 10-Q FOR THE NINE MONTHS ENDED SEPTEMBER 30,
2000, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-2000
<CASH>                                          81,100
<SECURITIES>                                         0
<RECEIVABLES>                                3,795,931
<ALLOWANCES>                                 (293,411)
<INVENTORY>                                  6,274,925
<CURRENT-ASSETS>                            11,500,088
<PP&E>                                       4,126,752
<DEPRECIATION>                             (3,241,328)
<TOTAL-ASSETS>                              25,170,006
<CURRENT-LIABILITIES>                       11,299,245
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  9,810,000
<COMMON>                                    26,529,282
<OTHER-SE>                                (41,417,132)
<TOTAL-LIABILITY-AND-EQUITY>                25,170,006
<SALES>                                     28,529,012
<TOTAL-REVENUES>                            28,679,427
<CGS>                                       11,873,258
<TOTAL-COSTS>                               13,888,686
<OTHER-EXPENSES>                               323,191
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,890,793
<INCOME-PRETAX>                                703,500
<INCOME-TAX>                                 (196,690)
<INCOME-CONTINUING>                            506,810
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   506,810
<EPS-BASIC>                                      (.03)
<EPS-DILUTED>                                    (.03)


</TABLE>
**Exhibit 32.1**

 

CERTIFICATION OF THE CHIEFEXECUTIVE OFFICER PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report ofSRS Labs, Inc. (the “Company”) on Form 10-Q for the quarter ended September 30,2008 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), Thomas C.K. Yuen, Chief Executive Officer of the Company,hereby certifies, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that, to his knowledge:

 

1.                                       TheReport fully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

2.                                       Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 
| Date: November 4, 2008 |   |                     |
|-----------------------------|--------|--------------------------|
|                        |   | By:                      | /s/  Thomas C.K. Yuen |
|                        |   | Thomas  C.K. Yuen        |
|                        |   | Chief  Executive Officer |

 

----
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from consolidated
balance sheets and statements of operations as of December 31, 1997 and for the
year then ended, and is qualified in its entirety by reference to such Financial
Statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          103254
<SECURITIES>                                         0
<RECEIVABLES>                                    89086
<ALLOWANCES>                                      1891
<INVENTORY>                                      41156
<CURRENT-ASSETS>                                250297
<PP&E>                                         1193520
<DEPRECIATION>                                  365314
<TOTAL-ASSETS>                                 1093957
<CURRENT-LIABILITIES>                           228093
<BONDS>                                         275800
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           284
<OTHER-SE>                                      177456
<TOTAL-LIABILITY-AND-EQUITY>                   1093957
<SALES>                                         800756
<TOTAL-REVENUES>                                800756
<CGS>                                           714772
<TOTAL-COSTS>                                   714772
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               16997
<INCOME-PRETAX>                                  68987
<INCOME-TAX>                                     10348
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     58639
<EPS-PRIMARY>                                     2.07
<EPS-DILUTED>                                     2.05


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          16,271
<SECURITIES>                                         0
<RECEIVABLES>                                   54,876
<ALLOWANCES>                                       482
<INVENTORY>                                     58,081
<CURRENT-ASSETS>                               134,219
<PP&E>                                          36,091
<DEPRECIATION>                                  10,040
<TOTAL-ASSETS>                                 278,974
<CURRENT-LIABILITIES>                           34,984
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        32,705
<OTHER-SE>                                     167,836
<TOTAL-LIABILITY-AND-EQUITY>                   278,974
<SALES>                                        253,351
<TOTAL-REVENUES>                               253,351
<CGS>                                          123,193
<TOTAL-COSTS>                                  123,193
<OTHER-EXPENSES>                                78,269
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,863
<INCOME-PRETAX>                                 46,250
<INCOME-TAX>                                    16,939
<INCOME-CONTINUING>                             29,311
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  4,941
<CHANGES>                                            0
<NET-INCOME>                                    24,370
<EPS-PRIMARY>                                      .78
<EPS-DILUTED>                                      .78
        

</TABLE>
vi

Introduction

I am pleased to introduce this new book about Constantino Brumidi, the artist whose

accomplishments in the United States Capitol are unparalleled.

Since taking office as Architect of the Capitol in February 1997, my appreciation

of the history and beauty of this national landmark and this painter’s contributions to

it has grown.

I am conscious that my writing this introduction is symbolically apt. This book

was begun under the direction of my predecessor, George M. White, FAIA, and was

completed during the first year of my tenure. This continuity is central to the very nature of the Architect’s responsibilities—individuals may come and go, but the Capitol

and its art endure. Projects such as the ongoing conservation in the Brumidi Corridors

epitomize the importance of the stewardship with which the Congress has entrusted

this office. Similarly, the publication of this book is an important contribution to our

educational mission, informing the people of America and the world about the Capitol

and its significance. With the continued support and interest of the Congress, I am

confident that our work will enrich the understanding of our nation’s architectural and

artistic heritage.

Alan M. Hantman, AIA

Architect of the Capitol
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

TOMAS PERAZA, Jr., 

Defendant-Appellant.

No. 20-50198 

D.C. No. 3:16-cr-02633-LAB-1 

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

Larry A. Burns, District Judge, Presiding

Submitted March 16, 2021**

Before: GRABER, R. NELSON, and HUNSAKER, Circuit Judges.

Tomas Peraza, Jr., appeals from the district court’s judgment and challenges 

the 12-month sentence imposed upon revocation of supervised release. We have 

jurisdiction under 28 U.S.C. § 1291, and we affirm.

Peraza contends that the district court procedurally erred by failing to 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

MAR 19 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 20-50198 

consider the statutory sentencing factors and his arguments regarding his mental 

health, and by failing to explain the sentence adequately. We review for plain 

error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 

2010), and conclude that there is none. The record reflects that the district court 

considered the 18 U.S.C. § 3583(e) sentencing factors and Peraza’s arguments for 

a lower sentence, and thoroughly explained its determination that the withinGuidelines sentence was warranted in light of Peraza’s significant breach of the 

court’s trust. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en 

banc); see also United States v. Simtob, 485 F.3d 1058, 1062 (9th Cir. 2007) 

(primary purpose of revocation sentence is to sanction the defendant’s breach of 

the court’s trust). Moreover, contrary to Peraza’s contention, the sentence is 

substantively reasonable in light of the § 3583(e) factors and the totality of the 

circumstances, including Peraza’s criminal history. See Gall v. United States, 552 

U.S. 38, 51 (2007). 

AFFIRMED.
**Exhibit 32.2** **Certification    of Chief Financial Officer** **Pursuant    to Section 906 of the Sarbanes-Oxley Act of 2002** **(Subsection (a)    and (b) of Section 1350 of Chapter 63 of Title 18    of the United States Code)**     Pursuant to section 906 of the Sarbanes-Oxley Act of 2002    (subsections (a) and (b) of Section 1350 of    Chapter 63 of Title 18 of the United States Code), the    undersigned officer of LCC International, Inc. (the    “Company”), hereby certifies, to such officer’s    knowledge that:     (a) the Quarterly Report on    Form 10-Q    for the quarter ended for the quarter ended September 30,    2007 (the “Report”) of the Company fully complies with    the requirements of Section 13(a) or 15(d) of the    Securities Exchange Act of 1934; and     (b) information contained in the Report fairly presents, in    all material respects, the financial condition and results of    operations of the Company.             February 21, 2008 /s/  Louis    Salamone, Jr.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This Schedule contains summary financial information extracted from Form 10Q for
the period ended March 31, 1998 and is qualified in its entirety by reference to
such finanical statements.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<EXCHANGE-RATE>                                      1
<CASH>                                          23,743
<SECURITIES>                                     1,923
<RECEIVABLES>                                   67,898
<ALLOWANCES>                                         0
<INVENTORY>                                      7,177
<CURRENT-ASSETS>                               234,401
<PP&E>                                         146,554
<DEPRECIATION>                                  70,882
<TOTAL-ASSETS>                                 516,817
<CURRENT-LIABILITIES>                          165,788
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                     340,735
<TOTAL-LIABILITY-AND-EQUITY>                   516,817
<SALES>                                              0
<TOTAL-REVENUES>                               114,007
<CGS>                                                0
<TOTAL-COSTS>                                   84,455
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  8,584
<INCOME-TAX>                                     3,676
<INCOME-CONTINUING>                              4,908
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,908
<EPS-PRIMARY>                                      .10
<EPS-DILUTED>                                      .10
        

</TABLE>