alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
 
                                                                    EXHIBIT 11.3
 
                           EDUCATIONAL MEDICAL, INC.
 
          COMPUTATION OF HISTORICAL SUPPLEMENTAL NET INCOME PER SHARE
 
<TABLE>
<CAPTION>
                                                              THREE MONTHS   NINE MONTHS
                                                                 ENDED          ENDED
                                                              DECEMBER 31,   DECEMBER 31,
                                                                  1996           1996
                                                              ------------   ------------
<S>                                                           <C>            <C>
Primary and fully diluted:
  Weighted average common stock and common stock equivalents
     outstanding during the period..........................    6,181,130      5,172,586
  Effect of common stock equivalents issued subsequent to
     August 7, 1995 computed in accordance with the treasury
     stock method as required by the SEC(1).................      118,243        118,243
                                                               ----------     ----------
                                                                6,299,373      5,290,829
                                                               ==========     ==========
Net Income..................................................   $  324,404     $  702,618
Plus: Reduction in interest expense from repayment of
  long-term notes payable, net of income taxes(2)...........       41,543        290,803
                                                               ----------     ----------
Net income..................................................   $  365,947     $  993,421
                                                               ==========     ==========
Net income per share of common stock........................   $      .06     $      .19
                                                               ==========     ==========
</TABLE>
 
---------------
 
(1) Pursuant to Securities and Exchange Commission Staff Accounting Bulletin No.
     83, Common Stock equivalents issued at prices below the Initial Public
     Offering price per share of $10 ("cheap stock") during the twelve month
     period immediately preceding the initial filing date of the Company's
     Registration Statement for its Initial Public Offering have been included
     as outstanding for all periods presented prior to the Initial Public
     Offering.
(2) Historical supplemental net income per share reflects the number of shares
     of common stock issued upon consummation of the Initial Public Offering
     used to repay $4.8 million in current and long-term debt as if the issuance
     had occurred at the beginning of the period (or date of issuance of notes
     payable, if later) and the related reduction in interest expense.
 
                                       16
#### Barbara A. Diaz, Appellant, v Roberta A. Galassi et al., Respondents.

[666 NYS2d 13]

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Nastasi, J.), entered May 14, 1996, which, upon a jury verdict in favor of the defendants, dismissed the complaint.

Ordered that the judgment is affirmed, with one bill of costs.

The jury verdict was not against the weight of the evidence *(see, Nicastro v Park,*113 AD2d 129). The cross examination of the plaintiff did not exceed permissible bounds *(see, Badr v Hogan,*75 NY2d 629; *Cavuto v Lilledah,*161 AD2d 853).

The plaintiffs remaining contentions are without merit. Altman, J. P., Friedmann, Krausman and McGinity, JJ., concur.
NUMBER 13-11-00379-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

____________________________________________________________

BRUCE CALLAWAY, Appellant,

v.

BELINDA LONGORIA AND ROSS LONGORIA, Appellees. 

____________________________________________________________

On appeal from the County Court at Law No. 5

of Nueces County, Texas.

____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza

Memorandum Opinion Per Curiam

Appellant, Bruce Callaway, perfected an appeal from a judgment entered by the 

County Court at Law No. 5 of Nueces County, Texas, in cause number 09-62132. 

Appellant has filed a motion to dismiss the appeal on grounds that the parties have settled 

the case. Appellant requests that this Court dismiss the appeal.
2

The Court, having considered the documents on file and appellant=s motion to 

dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP.

P. 42.1(a). Appellant=s motion to dismiss is granted, and the appeal is hereby 

DISMISSED. Costs will be taxed against appellant. See TEX. R. APP. P. 42.1(d) ("Absent 

agreement of the parties, the court will tax costs against the appellant."). Having 

dismissed the appeal at appellant=s request, no motion for rehearing will be entertained, 

and our mandate will issue forthwith.

PER CURIAM

Delivered and filed the

28th day of July, 2011.
<PAGE>

                                                                   EXHIBIT 10.4

          SCHEDULE OF AGREEMENTS OF PURCHASE AND SALE BY AND BETWEEN NEW
             YORK BAGEL ENTERPRISES, INC. AND COMMERCIAL EQUITY, INC.


AGREEMENT DATE 

1.   October 21, 1997
2.   January 26, 1998
3.   June 29, 1998       

REAL PROPERTY LOCATION                    

1.   A.   Stillwater, Oklahoma     
     B.   Springfield, Missouri    
     C.   Lubbock, Texas                     
2.   A.   Temple, Texas  
     B.   Midland, Texas 
3.   A.   Montgomery, Alabama
     B.   Mobile, Alabama               

PURCHASE PRICE   
1.   A.   $   346,125      
     B.   $   425,000      
     C.   $   400,000 
2.   A.   $   400,000      
     B.   $   400,000 
3.   A.   $   450,000      
     B.   $   450,000
#### In the Matter of Henry Benitez, Petitioner, v Brian S. Fischer, as Commissioner of Corrections and Community Supervision, Respondent.

[988 NYS2d 503]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

*1238Petitioner, a prison inmate, commenced this proceeding challenging a disciplinary determination finding him guilty of drug use. The Attorney General has informed this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory surcharge has been returned to his inmate account. Although not referenced in the letter from the Attorney General, we note that “ ‘any loss of good time incurred by petitioner as a result of the determination should be restored’ ” *(Matter of Canales-Sanchez v Schneiderman,*107 AD3d 1258, 1258-1259 [2013], quoting *Matter of Pereira v Fischer,*87 AD3d 1192, 1192 [2011]). Otherwise, petitioner has received all the relief to which he is entitled and the petition must be dismissed as moot *(see Matter of CanalesSanchez v Schneiderman,*107 AD3d at 1259; *Matter of Marcial v Fischer,*96 AD3d 1245, 1246 [2012]).

McCarthy, J.R, Garry, Rose, Lynch and Devine, JJ., concur.

Adjudged that the petition is dismissed, as moot, without costs.
Affirmed and Memorandum Opinion filed July 10, 2014.

In The

Fourteenth Court of Appeals

NO. 14-13-00689-CR

GLEN SHANNON NELSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause No. 1375125

M E M O R A N D U M O P I N I O N

Appellant appeals his conviction for aggravated robbery with a deadly 

weapon. Appellant’s appointed counsel filed a brief in which they conclude the 

appeal is wholly frivolous and without merit. The brief meets the requirements of 

Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation 

of the record and demonstrating why there are no arguable grounds to be advanced. 

See High v. State, 573 S.W.2d 807, 811–13 (Tex. Crim. App. 1978).
2

A copy of counsels’ brief was delivered to appellant. Appellant was advised 

of the right to examine the appellate record and file a pro se response. See Stafford 

v. State, 813 S.W.2d 503, 512 (Tex. Crim. App. 1991). At appellant’s request, the 

record was provided to him. As of this date, more than 45 days have passed since 

appellant received the record, and no pro se response has been filed.

We have carefully reviewed the record and counsels’ brief and agree the 

appeal is wholly frivolous and without merit. Further, we find no reversible error in 

the record. We are not to address the merits of each claim raised in an Anders brief 

or a pro se response when we have determined there are no arguable grounds for 

review. See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005).

Accordingly, the judgment of the trial court is affirmed.

PER CURIAM

Panel consists of Justices Boyce, Busby, and Wise.

Do Not Publish — Tex. R. App. P. 47.2(b).
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          21,255
<SECURITIES>                                       496
<RECEIVABLES>                                   58,129
<ALLOWANCES>                                         0
<INVENTORY>                                      1,142
<CURRENT-ASSETS>                                84,029
<PP&E>                                          42,516
<DEPRECIATION>                                  13,910
<TOTAL-ASSETS>                                 131,035
<CURRENT-LIABILITIES>                           28,864
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          3
<COMMON>                                            17
<OTHER-SE>                                     100,270
<TOTAL-LIABILITY-AND-EQUITY>                   131,035
<SALES>                                        121,340
<TOTAL-REVENUES>                               121,340
<CGS>                                           85,359
<TOTAL-COSTS>                                  101,458
<OTHER-EXPENSES>                                 (918)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  95
<INCOME-PRETAX>                                 20,705
<INCOME-TAX>                                     8,282
<INCOME-CONTINUING>                             12,423
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    12,423
<EPS-PRIMARY>                                      .75
<EPS-DILUTED>                                      .73
        

</TABLE>
<PAGE>


                                                                    Exhibit 99.2

                            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 Annual Report of Digital Descriptor Systems, Inc. (the
"Company") on Form 10KSB for the period ending December 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350,
as adopted pursuant to ss. 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 result of operations of the Company.





                                          _____________________________
                                          Michael J. Pellegrino
                                          Chief Financial Officer
                                          April 15, 2003
#### Scott Crippen, Respondent, v United Petroleum Feedstocks, Inc., Appellant.

[666 NYS2d 156]

—Order, Supreme Court, New York County (Charles Ramos, J.), entered July 18, 1997, which granted plaintiff employee’s motion for a preliminary injunction, unanimously modified, on the law, and the facts, to the extent of requiring plaintiff to post a bond in the amount of $10,000, and otherwise affirmed, without costs.

The restrictive covenant in issue, which provides that *153plaintiff “shall not * * * become or be interested in or associated with * * * any individual or entity * * * engaged in the oil brokerage business in * * * any country in which [defendant] or an affiliate thereof is then engaged in such business”, is unreasonably broad on its face both geographically and with respect to the types of positions plaintiff may not accept. We decline defendant’s suggestion to modify the covenant so as to restrict plaintiff only from working for defendant’s primary North American competitor, and to provide for defendant’s continuing to pay plaintiffs base salary during the period of restriction. While such modifications might render the covenant enforceable *(see, Maltby v Harlow Meyer Savage,*166 Misc 2d 481, *affd*223 AD2d 516, *lv dismissed*88 NY2d 874), they would alter the original contract so drastically as to preclude a present finding that plaintiff would have accepted the contract under those terms; defendant should have drafted the agreement to include such provisions from the start and allowed plaintiff to decide whether to sign. However, it was error to grant the preliminary injunction without requiring plaintiffs posting of an undertaking (CPLR 6312 [b]), and we modify to require such in the amount we deem sufficient. Concur— Wallach, J. P., Rubin, Williams, Tom and Andrias, JJ.
Exhibit 99.8



CONSENT OF ROECOE POSTLE ASSOCIATED INC.





We refer to our report auditing the resources at the Dolores Gold-Silver Project Chihuahua, Mexico, dated November 16, 2004, (the Report).



We hereby consent to the filing, use, and incorporation by reference of, the Report and the references to our name in the Minefinders Corporation Ltd. Annual Report on Form 40-F to be filed with the United States Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended.





Sincerely,





ROSCOE POSTLE ASSOCIATES INC.





Stewart Wallis             .

Stewart Wallis P. Geo.



Dated at Vancouver B.C March 30, 2006
<TABLE> <S> <C>



<ARTICLE> 5
<CIK> 0000926287
<NAME> SANGUINE CORPORATION
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                             263
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                   263
<PP&E>                                            1004
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                    1267
<CURRENT-LIABILITIES>                           499222
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        20,977
<OTHER-SE>                                     (518932)
<TOTAL-LIABILITY-AND-EQUITY>                      1267
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                155957
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               10255
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (166212)
<EPS-PRIMARY>                                     (.01)
<EPS-DILUTED>                                     (.01)
        

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

<ARTICLE>                     5
<CIK>                         927314
<NAME>                        BUILDING MATERIALS CORPORATION OF AMERICA
<MULTIPLIER>                  1,000

<S>                           <C>
<PERIOD-TYPE>                 YEAR
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   DEC-31-1998
<CASH>                                              24,989
<SECURITIES>                                       157,953
<RECEIVABLES>                                       24,249
<ALLOWANCES>                                         4,035
<INVENTORY>                                         93,703
<CURRENT-ASSETS>                                   385,203
<PP&E>                                             332,348
<DEPRECIATION>                                      71,594
<TOTAL-ASSETS>                                     867,028
<CURRENT-LIABILITIES>                              165,139
<BONDS>                                            596,913
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                                 1
<OTHER-SE>                                          52,216
<TOTAL-LIABILITY-AND-EQUITY>                       867,028
<SALES>                                          1,087,957
<TOTAL-REVENUES>                                 1,087,957
<CGS>                                              774,339
<TOTAL-COSTS>                                      774,339
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                  49,954
<INCOME-PRETAX>                                     13,469
<INCOME-TAX>                                         5,118
<INCOME-CONTINUING>                                  8,351
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                   (18,113)
<CHANGES>                                                0
<NET-INCOME>                                       (9,762)
<EPS-BASIC>                                              0
<EPS-DILUTED>                                            0


</TABLE>
EXHIBIT 32.1



CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of Sunterra Corporation (the Company) on
Form 10-Q for the quarterly period ended June 30, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, in the capacity and as of the date 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: (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.



|                       
|-----------------------
|/s/ NICHOLAS J. BENSON 
|Nicholas J. Benson     
|Chief Executive Officer
|Dated: August 9, 2005
### THE THIRTEENTH COURT OF APPEALS
13
- 16
- 00066
- CV
All Star Mitsubishi v. Patricio G. Castillo and Maria Refugio Castillo

On a ppeal from the County Court at Law No

. 1 of Nueces County , Texas Trial Cause No. 2015
- CCV
- 60122
- 1

JUDGMENT THE THIRTEENTH COUR T OF APPEALS, having considered this cause on appeal, concludes the appeal should be dismissed . The Court orders the appeal DISMISSED in accordance with its opinion

. Each party shall bear their own costs relating to this appeal

. We further order this dec ision certified below for observance. June 16, 2016.
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46529-46530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21613]


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

DEPARTMENT OF JUSTICE

Foreign Claims Settlement Commission

[F.C.S.C. Meeting and Hearing Notice No. 9-17]


Sunshine Act Meeting

    The Foreign Claims Settlement Commission, pursuant to its 
regulations

[[Page 46530]]

(45 CFR part 503.25) and the Government in the Sunshine Act (5 U.S.C. 
552b), hereby gives notice in regard to the scheduling of open meetings 
as follows:

Thursday, October 19, 2017:

    10:00 a.m.--Issuance of Proposed Decisions in claims against Iraq.

Status: Open.
    All meetings are held at the Foreign Claims Settlement Commission, 
600 E Street NW., Washington, DC. Requests for information, or advance 
notices of intention to observe an open meeting, may be directed to: 
Patricia M. Hall, Foreign Claims Settlement Commission, 600 E Street 
NW., Suite 6002, Washington, DC 20579. Telephone: (202) 616-6975.

Brian M. Simkin,
Chief Counsel.
[FR Doc. 2017-21613 Filed 10-3-17; 4:15 pm]
 BILLING CODE 4410-BA-P
#### The People of the State of New York, Respondent, v Patrick Zephrin, Appellant.

[858 NYS2d 902]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Grosso, J.), rendered January 30, 2006, convicting him of criminal possession of a forged instrument in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

*750We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted *(see Anders v California,*386 US 738 [1967]; *People v Paige,*54 AD2d 631 [1976]; *cf. People v Gonzalez,*47 NY2d 606 [1979]). Fisher, J.P, Florio, Angiolillo, Dickerson and Belen, JJ., concur.
---

EXHIBIT 13.2

Certification of Chief Financial Officer pursuant to 
  Title 18, United States Code, Section 1350, as adopted pursuant to 
  Section 906 of The Sarbanes-Oxley Act of 2002

I, Barbara West, Director of Central Minera Corp., certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that, to the best of my knowledge:

1. The Annual Report on Form 20-F of Central Minera Corp. for the year ended June 30, 2007 (the "Report") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)); and

2. The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Central Minera Corp.

Vancouver, British Columbia, Canada

by: /s/ Barbara West

December 21, 2007

Barbara West 
  Director

A signed original of this written statement required by Section 906 has been provided to Central Minera Corp. and will be retained by Central Minera Corp. and furnished to the Securities and Exchange Commission or its staff upon request.

-31-

Central Minera Form 20F December 2007

---