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-                   Secretary of Labor v. Coal River Mining, LLC Docket No. WEVA 2006-125-R.              

#   Secretary of Labor v. Coal River Mining, LLC Docket No. WEVA 2006-125-R.

meeting_111209.pdf

meeting111209.mp3

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#### 1331 Pennsylvania Avenue, NW,Suite 520NWashington, DC 20004-1710Phone: 771-210-1887 TTY/TDD (202)434-4000 ext. 293E-mail: fmshrc@fmshrc.gov
EXHIBIT 11

	       NET INCOME (LOSS) PER COMMON AND COMMON EQUIVALENT SHARE

<TABLE>
<CAPTION>

					     Three Months Ended         Twelve Months Ended
						December 31,                 December 31,
					----------------------------  -------------------------
					   1998            1997          1998           1997
					------------   -------------  ------------  -----------
<S>                                     <C>            <C>            <C>           <C>
	  BASIC
Weighted average common shares used
 to compute basic earnings (loss)
 per share............................   7,281,120      7,190,710       7,267,753     7,188,511
					===========    ===========     ===========   ===========

	      Net income (loss).......  $  420,000     $  278,000      $  745,000    $  330,000
					===========    ===========     ===========   ===========

Basic net income (loss) per share.....  $     0.06     $     0.04      $     0.10    $     0.05
					===========    ===========     ===========   ===========

	   DILUTED
Weighted average common shares used
 to compute basic earnings (loss)
 per share...........................    7,281,120      7,190,710       7,267,753     7,188,511
Dilutive preferred equivalent shares.      376,344              -          94,086             -
Dilutive effect of common stock
 issuable in connection with the
 acquisition.........................       45,000                         11,342
Dilutive common equivalent shares
 attributable to stock options
 (based on average market price).....            -          5,864               -        10,542
Dilutive common equivalent shares
 attributable to warrants (based
 on average market price)............            -              -               -         4,602
					-----------    -----------     -----------   -----------
Weighted average common shares and
 equivalents used to compute diluted
 earnings (loss) per share...........    7,702,464      7,196,574       7,373,181     7,203,655
					===========    ===========     ===========   ===========

	       Net income (loss).....   $  420,000     $  278,000      $  745,000    $  330,000
					===========    ===========     ===========   ===========

Diluted net income (loss) per share..   $     0.06     $     0.04      $     0.10    $     0.05
					===========    ===========     ===========   ===========
</TABLE>
EXHIBIT 11

<TABLE>
<CAPTION>
                                   Statement Re:  Computation of Earnings Per Share

<S>                                        <C>            <C>            <C>            <C>
                                           Three Months Ended            Nine Months Ended
                                               September 30                 September 30
                                        ________________________      ________________________
                                           1995           1994           1995          1994
                                        _________      _________      _________      _________

Primary:
Average shares outstanding              1,266,219      1,266,219      1,266,219      1,266,219
Net effect of dilutive stock
  options-based on the treasury
  stock method using average
  market price                             54,122            --          32,166            --
                                        _________      _________      _________      _________

Totals                                  1,320,341      1,266,219      1,298,385      1,266,219
                                        =========      =========      =========      =========

Net income                                924,000     $  918,000     $2,708,000     $2,532,000
                                        =========      =========      =========      =========

Per share amount                       $     0.70     $     0.72     $     2.09     $     2.00


Fully diluted:
Average shares outstanding              1,266,219      1,266,219      1,266,219      1,266,219
Net effect of dilutive stock
  options-based on the treasury 
  stock method using quarter end
  market price which is greater
  than average market price                72,633             --         72,633             --
                                        _________      _________      _________      _________

Totals                                  1,338,852      1,266,219      1,338,852      1,266,219
                                        =========      =========      =========      =========

Net income                             $  924,000     $  918,000     $2,708,000     $2,532,000
                                        =========      =========      =========      =========

Per share amount                       $     0.69     $     0.72     $     2.02     $     2.00
                                        =========      =========      =========      =========
</TABLE>
#### Robert K. ELLIS, Petitioner—Appellant, v. D. BERKEBILE, Warden, Respondent—Appellee.

No. 10-7144.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 21, 2010.

Decided: Jan. 4, 2011.

Robert K. Ellis, Appellant Pro Se. Lara Dee Pyne Crane, Bureau of Prisons, Beaver, West Virginia, Stephen Michael Horn, Assistant United States Attorney, Charleston, West Virginia, for Appellee.

Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

*818PER CURIAM:

Robert K. Ellis, a federal prisoner, appeals the district court’s order dismissing without prejudice his 28 U.S.C.A. § 2241 (West 2006 & Supp.2010) petition for failure to exhaust administrative remedies and the court’s order denying reconsideration. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s orders on the reasoning set forth therein. *See Ellis v. Berkebile,*No. 5:10-cv-00931, 2010 WL 3220661 (S.D.W. Va. Aug. 6, 2010) & (Oct. 1, 2010). We also deny Ellis’ pending motions for appointment of counsel, an emergency dental exam and treatment, transcripts at government expense, a copy of his dental records, and for injunctive relief. 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.

*AFFIRMED.*
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#   2006 Supplemental Report

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#### 1331 Pennsylvania Avenue, NW,Suite 520NWashington, DC 20004-1710Phone: 771-210-1887 TTY/TDD (202)434-4000 ext. 293E-mail: fmshrc@fmshrc.gov
#### Guy HEIDE, Appellant, v. Ray LAHOOD, in his official capacity as Secretary, United States Department of Transportation, Appellee.

No. 10-2506.

United States Court of Appeals, Eighth Circuit.

Submitted: Dec. 10, 2010.

Filed: Dec. 16, 2010.

Before WOLLMAN, MELLOY, and GRUENDER, Circuit Judges.

PER CURIAM.

In this action for injunctive relief under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, Guy Heide appeals after the district court1 dismissed his claims as moot. Upon careful review of the record and Heide’s arguments on appeal, we find no basis for reversal.

First, we conclude that the district court did not abuse its discretion in its application of its Local Rule 7.1. *See Silberstein v. Internal Revenue Serv.,*16 F.3d 858, 860 (8th Cir.1994) (district court has considerable leeway in application of its local rules; it is for district court to determine what departures from its rules may be overlooked); *Nw. Bank & Trust Co. v. First Ill. Nat’l Bank,*354 F.3d 721, 725 (8th Cir.2003) (standard of review). Further, we conclude that Heide’s complaint was properly dismissed as moot, notwithstanding his claim seeking a written finding under 5 U.S.C. § 552(a)(4)(F), and his request for costs. *See Cornucopia Inst. v. U.S. Dep’t of Agric.,*560 F.3d 673 (7th Cir.2009) (affirming dismissal of ease as moot where agency produced responsive documents while district court case was pending; noting claim for fees and costs is separate from merits of action); *Hastings v. Wilson,*516 F.3d 1055, 1058 (8th Cir. 2008) (Rule 12(b)(1) dismissal reviewed de novo); *Voinche v. Fed. Bureau of Investigation,*999 F.2d 962, 963-64 (5th Cir.1993) (per curiam) (in action essentially challenging timeliness of agency’s response, concluding that agency’s response rendered plaintiffs challenge moot and that review of adequacy of agency’s response was foreclosed by plaintiffs failure to have first sought administrative review of adequacy); *see also*5 U.S.C. § 552(a)(4)(F) (discussing written findings that ordinarily accompany court order for production of agency records); *Phipps v. FDIC,*417 F.3d 1006, 1010 (8th Cir.2005) (court may affirm on any basis supported by record). Finally, we conclude that the district court did not abuse its discretion in denying Heide costs. *Cf. Ginter v. Internal Revenue Serv.,*648 F.2d 469, 471 & n. 4, 472 (8th Cir.1981) (per curiam) (district court did not abuse its discretion in denying fees despite district court’s failure to hold evidentiary hearing or to make factual findings where sufficient information existed in the record to conclude that plaintiff had not shown he had substantially prevailed).

Accordingly, we affirm. *See*8th Cir. R. 47B.

1

. The Honorable Ann D. Montgomery, United States District Judge for the District of Minnesota.
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-22-00892-CR

The STATE of Texas,

Appellant

v.

Bonifacio Hernandez AVILA,

Appellee

From the County Court, Kinney County, Texas

Trial Court No. 13945CR

Honorable Dennis Powell, Judge Presiding

BEFORE CHIEF JUSTICE MARTINEZ, JUSTICE CHAPA, AND JUSTICE VALENZUELA

In accordance with this court’s opinion of this date, the trial court’s order granting 

Bonifacio Hernandez Avila habeas relief and dismissing his criminal case with prejudice is 

AFFIRMED.

SIGNED July 24, 2024.

_____________________________

Luz Elena D. Chapa, Justice
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3283 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  1st Session
                                H. R. 3283

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 12, 2021

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 AN ACT

 
To repeal the joint resolution entitled ``A joint resolution to promote 
               peace and stability in the Middle East''.

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

SECTION 1. REPEAL OF JOINT RESOLUTION TO PROMOTE PEACE AND STABILITY IN 
              THE MIDDLE EAST.

    Effective on the date that is 90 days after the date of the 
enactment of this Act, the joint resolution entitled ``A joint 
resolution to promote peace and stability in the Middle East'' (Public 
Law 85-7; 22 U.S.C. 1961 et seq.) is hereby repealed.

            Passed the House of Representatives June 29, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Balance Sheet at June 30, 1999 (Unaudited) and the Statement of Operations
for the Six Months Ended June 30, 1999 (Unaudited) and is qualified in its
entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          24,112
<SECURITIES>                                         0
<RECEIVABLES>                                   78,995
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               103,107
<PP&E>                                       4,133,496
<DEPRECIATION>                               3,631,058
<TOTAL-ASSETS>                                 605,545
<CURRENT-LIABILITIES>                              177
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     605,368
<TOTAL-LIABILITY-AND-EQUITY>                   605,545
<SALES>                                        138,252
<TOTAL-REVENUES>                               138,786
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                63,512
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 75,274
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             75,274
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    75,274
<EPS-BASIC>                                       6.45
<EPS-DILUTED>                                     6.45


</TABLE>
<PAGE>

                                                                    EXHIBIT 99.1

                       DIVALL INSURED INCOME PROPERTIES 2
                               LIMITED PARTNERSHIP

                   Certification of Periodic Financial Report
                       Pursuant to 18 U.S.C. Section 1350

     Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, the undersigned officer of Divall Insured Income
Properties 2 Limited Partnership (the "Company") certifies that the Quarterly
Report on Form 10-Q/A of the Company for the quarter ended June 30, 2002 fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and information contained in that Form 10-Q/A fairly
presents, in all material respects, the financial condition and results of
operations of the Company.

                                   THE PROVO GROUP, INC., General Partner

Dated: May 15, 2003             By /s/ Bruce A. Provo
                                   --------------------------------------
                                   President, Chief Executive Officer and
                                    Chief Financial Officer

  This certification is made solely for the purpose of 18 U.S.C. Section 1350,
              subject to the knowledge standard contained therein,
                         and not for any other purpose.
**FEDERALMINE SAFETY AND HEALTH REVIEW COMMISSION**

 

SUNSHINE ACT NOTICE

 

BAC 6735-01

 

December 30, 2015

 

 

TIMEAND DATE:                10:00 a.m., Wednesday, January 13, 2016

 

PLACE:                                  TheRichard V. Backley Hearing Room, Room 511N, 1331 Pennsylvania Avenue, NW,Washington, DC 20004 (enter from  F Street entrance)

 

STATUS:                                Open

 

MATTERSTO BE 

CONSIDERED:                     TheCommission will hear oral argument in the matter *Secretary of Labor v.Hibbing Taconite Company,*Docket Nos. LAKE 2013-231-RM, et al.**(Issuesinclude whether the Judge erred in upholding failure to abate orders.)

 

 

Any person attending this oral argument who requiresspecial accessibility features and/or auxiliary aids, such as sign languageinterpreters, must inform the Commission in advance of those needs. Subject to29 C.F.R. § 2706.150(a)(3) and § 2706.160(d).

 

 

CONTACTPERSON 

FOR MORE INFO:                EmogeneJohnson (202) 434-9935 / (202) 708-9300 for TDD

                                                Relay/ 1-800-877-8339 for toll free.

 

 

 

 

 

 

 

                                                __________________________________

                                                SarahL. Stewart

                                                DeputyGeneral Counsel
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### The Federal Mine Safety and Health Review Commission

#### 1331 Pennsylvania Avenue, NW,Suite 520NWashington, DC 20004-1710Phone: (202)434-9900TTY/TDD (202)434-4000 ext. 293E-mail: fmshrc@fmshrc.gov