alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 11


                        SHOWPOWER, INC. AND SUBSIDIARIES
                     COMPUTATION OF INCOME PER COMMON SHARE

<TABLE>
<CAPTION>
                                                           Three Months                                 Nine Months
                                                         Ended September 30,                          Ended September 30,
                                                 ---------------------------------             --------------------------------
                                                    1998                    1997                  1998                  1997
                                                 ----------             ----------             ----------            ----------
<S>                                              <C>                    <C>                    <C>                   <C>       
Net income                                       $  722,838             $  803,172             $  118,252            $1,068,872

Weighted average
    shares outstanding                            3,293,074              1,913,080              2,439,074             1,661,747

Dilutive effect after application
    of treasury stock method

    Restricted shares                               111,656                 96,423                105,809                64,282
    Employee stock options                           38,516                      -                 16,849                     -

Shares used in calculating
    diluted income per share                      3,443,246              2,009,503              2,561,732             1,726,029

Basic net income per share                       $     0.22             $     0.42             $     0.05            $     0.64

Diluted net income per share                     $     0.21             $     0.40             $     0.05            $     0.62
</TABLE>
[Federal Register Volume 66, Number 31 (Wednesday, February 14, 2001)]
[Notices]
[Page 10322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3751]


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

DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Importer of Controlled Substances; Notice of Registration

    By Notice dated October 31, 2000, and published in the Federal 
Register on November 14, 2000, (65 FR 68158), Stepan Company, Natural 
Products Department, 100 W. Hunter Avenue, Maywood, New Jersey 07605, 
made application by renewal to the Drug Enforcement Administration 
(DEA) to be registered as an importer of coca leaves (9040), a basic 
class of controlled substance listed in Schedule II.
    The firm plans to import the coca leaves to manufacture bulk 
controlled substance.
    No comments or objections have been received. DEA has considered 
the factors in Title 21, United States Code, Section 823(a) and 
determined that the registration of Stepan Company, Natural Products 
Department to import coca leaves is consistent with the public interest 
and with United States obligations under international treaties, 
conventions, or protocols in effect on May 1, 1971, at this time. DEA 
has investigated Stepan Company, Natural Products Department on a 
regular basis to ensure that the company's continued registration is 
consistent with the public interest. This investigation included 
inspection and testing of the company's physical security systems, 
audits of the company's records, verification of the company's 
compliance with state and local laws, and a review of the company's 
background and history. Therefore, pursuant to section 1008(a) of the 
Controlled Substances Import and Export Act and in accordance with 
Title 21, Code of Federal Regulations, section 1301.34, the above firm 
is granted registration as an importer of the basic class of controlled 
substance listed above.

    Dated: January 25, 2001.
Laura M. Nagel,
Deputy Assistant Administrator, Office of Diversion Control, Drug 
Enforcement Administration.
[FR Doc. 01-3751 Filed 2-13-01; 8:45 am]
BILLING CODE 4410-09-M
I

103D CONGRESS

1ST SESSION H. R. 1794

To amend the Truth in Savings Act to delay the effective date of certain

regulations.

IN THE HOUSE OF REPRESENTATIVES

APRIL 21, 1993

Mr. SLATTERY introduced the following bill; which was referred to the

Committee on Banking, Finance and Urban Affairs

A BILL

To amend the Truth in Savings Act to delay the effective

date of certain regulations.

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 ‘‘Truth in Savings

5 Amendments of 1993’’.

6 SEC. 2. EFFECTIVE DATE OF REGULATIONS.

7 Section 269(a)(2) of the Truth in Savings Act (12

8 U.S.C. 4308(a)(2)) is amended to read as follows:

9 ‘‘(2) EFFECTIVE DATE OF REGULATIONS.—
2

•HR 1794 IH

1 ‘‘(A) IN GENERAL.—Except as provided in

2 subparagraph (B), the regulations prescribed

3 under paragraph (1) shall take effect not later

4 than 15 months after publication in final form.

5 ‘‘(B) REGULATIONS RELATING TO PAY6 MENT OF INTEREST.—The regulations pre7 scribed under paragraph (1) to carry out sec8 tion 267 shall take effect not later than 9

9 months after publication in final form.’’.

Æ
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 Acclaim Entertainment, Inc. (the Company) on Form 10-K
for the year ended March 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Gerard F. Agoglia, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to the best of 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 results of operations of the Company.



/s/    GERARD F. AGOGLIAGerard F. Agoglia Chief Financial Officer




May 23, 2003
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Environmental Protection Agency

          - [FRL-6930-3] 

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Notice of availability of grantee performance evaluation reports.

# SUMMARY:

EPA's grant regulations (40 CFR 35.150) require the Agency to evaluate the performance of agencies which receive grants. EPA's regulations for regional consistency (40 CFR 56.7) require that the Agency notify the public of the availability of the reports of such evaluations. EPA recently performed end-of-year evaluations of three state air pollution control programs (States of Georgia and Mississippi, and the Commonwealth of Kentucky). The three evaluations were conducted to assess the agencies' performance under the grants awarded by EPA under authority of section 105 of the Clean Air Act. EPA Region 4 has prepared reports for each agency identified above and these reports are now available for public inspection. 

# ADDRESSES:

The reports may be examined at the EPA's Region 4 office, 61 Forsyth Street, SW, Atlanta, Georgia 30303, in the Air, Pesticides, and Toxics Management Division. 

# FOR FURTHER INFORMATION CONTACT:

Gloria Knight, (404) 562-9064, at the above Region 4 address, for information concerning the State of Mississippi, and Marie Persinger (404) 562-9048 for the State of Georgia and the Commonwealth of Kentucky. 

Dated: December 22, 2000. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 01-364 Filed 1-4-01; 8:45 am] 

BILLING CODE 6560-50-P
EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER 
PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Michael Khoury, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of SourcingLing.net, Inc. on Form 10-QSB for the quarterly period ended June 30, 2004 fully complies with the requirements of Section 13(a) or 15(d) of the Securities and Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-QSB for the period ended June 30, 2004 fairly presents in all material respects the financial condition and results of operations of SourcingLing.net, Inc.





|Date: October 14, 2004 | /s/ Michael Khoury 
Michael Khoury
Director, President
Michael Khoury
|---------------------- | ---------------------------------------------------------------------



|-  13 -
|-------
|
#### Barita Lumban TOBING, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 08-70039.

United States Court of Appeals, Ninth Circuit.

Submitted Nov. 16, 2010.*

Filed Nov. 24, 2010.

Gihan L. Thomas, Esquire, Law Offices of Gihan L. Thomas, Los Angeles, CA, for Petitioner.

Chief Counsel Ice, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, Ernesto Horacio Molina, Jr., Esquire, Senior Litigation Counsel, Joanna L. Watson, Trial, DOJ-U.S. Department of Justice, Washington, DC, for Respondent.

Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App. P. 34(a)(2).

*108MEMORANDUM **

Barita Lumban Tobing, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision (“IJ”) denying his application for withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual findings and review de novo legal determinations. *Wakkary v. Holder,*558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and grant in part the petition for review, and we remand.

The IJ denied Tobing’s asylum claim as time-barred. Tobing does not challenge this dispositive finding in his opening brief.

Substantial evidence supports the agency’s denial of Tobing’s claim for CAT relief because he failed to show it is more likely than not he will be tortured if returned to Indonesia. *See Wakkary,*558 F.3d at 1068.

Substantial evidence also supports the IJ’s finding that the incidents Tobing suffered in school and the problems he had with his business partner did not rise to the level of persecution. *See id.*at 1059-60. In addition, the record does not compel the conclusion that Tobing has established a pattern or practice of persecution of Christians in Indonesia. *See id.*at 1060-62. However, in denying Tobing’s withholding of removal claim, the agency did not apply the disfavored group analysis. Because the agency did not have the benefit of our intervening decision in *Tampubolon v. Holder,*610 F.3d 1056, 1062 (9th Cir.2010), we remand for the agency to assess Tobing’s withholding of removal claim under the disfavored group analysis in the first instance. *See Wakkary*558 F.3d at 1067, *see also INS v. Ventura,*537 U.S. 12, 16-18, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

Each party shall bear its own costs for this petition for review.

PETITION FOR REVIEW DENIED in part; GRANTED in part; REMANDED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
* Pursuant to 5 TH C IR . R. 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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-50040 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ARMANDO DE LA ROSA, also known as Psycho, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. CP-960CR-188-1

- - - - - - - - - - August 18, 1997 Before KING, HIGGINBOTHAM, and DUHÉ, Circuit Judges.
PER CURIAM: * Armando De La Rosa appeals the district court’s overruling of his objection to the presentence report’s recommendation that he not be considered a minor participant, which would have entitled him to a two-point reduction. This court reviews the application of the United States Sentencing Guidelines de novo , and it reviews the sentencing court’s factual findings for clear error. United States v.No. 97-50040 - 2 - Edwards , 65 F.3d 430, 432 (5th Cir. 1995). The role of defendant in the offense is a factual determination which this court reviews for clear error. United States v. Davis , 19 F.3d 166, 171 (5th Cir. 1994). “Minor participant” is any participant who is less culpable than most other participants but whose role could not be described as minimal. U.S.S.G. § 3B1.2, comment. (n.3). A defendant is considered a minor participant only if he substantially less culpable than the average participant. The district court did not misapply the Sentencing Guidelines and did not clearly err in finding that De La Rosa, who conceded he entered a bank with a revolver, stood guard in the lobby while another had bags filled with cash, and who fired three shots in the air when leaving, telling everyone to not move, was not a minor participant in the bank robbery charge, to which he pleaded guilty.
AFFIRMED.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                       1,034,655
<SECURITIES>                                 6,718,863
<RECEIVABLES>                               18,208,242
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            13,093,972
<PP&E>                                     955,671,325
<DEPRECIATION>                           (153,941,702)
<TOTAL-ASSETS>                             840,785,355
<CURRENT-LIABILITIES>                       52,977,400
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                 56,250,000
<COMMON>                                     2,262,195
<OTHER-SE>                                 200,675,952
<TOTAL-LIABILITY-AND-EQUITY>               840,785,355
<SALES>                                    132,514,374
<TOTAL-REVENUES>                           143,007,867
<CGS>                                       58,652,542
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                            38,534,805
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                          29,050,346
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                124,895
<CHANGES>                                            0
<NET-INCOME>                                17,514,762
<EPS-PRIMARY>                                      .61
<EPS-DILUTED>                                      .60
        

</TABLE>
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1977 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1977

 To amend the National Parks and Recreation Act of 1978 to remove the 
 limitation on appropriations for land acquisition in the Santa Monica 
                  Mountains National Recreation Area.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 1993

Mr. Beilenson introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To amend the National Parks and Recreation Act of 1978 to remove the 
 limitation on appropriations for land acquisition in the Santa Monica 
                  Mountains National Recreation Area.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the first sentence 
of section 507(r) of the National Parks and Recreation Act of 1978 (16 
U.S.C. 460kk(r)) is amended to read as follows: ``There are authorized 
to be appropriated such sums as may be necessary for acquisition of 
lands and interests therein within the boundaries of the recreation 
area established under this section, to remain available until 
expended.''.

                                 <all>
```
#### LIVEBYTHEPARK PALM SPRINGS, LP, Plaintiff-Appellant, v. ARCH SPECIALTY INSURANCE COMPANY, a Wisconsin Corporation, Defendant-Appellee.

No. 09-56296.

United States Court of Appeals, Ninth Circuit.

*216Submitted Dec. 6, 2010.*

Filed Dec. 9, 2010.

Bruce Michael Warren, Bruce M. Warren Law Offices, Los Angeles, CA, for Plaintiff-Appellant.

Lane John Ashley, Esquire, Trial, Leslie Ann Polizzotto, Esquire, Lewis Brisbois Bisgaard & Smith, LLP, Los Angeles, CA, for Defendant-Appellee.

Before: TROTT and WARDLAW, Circuit Judges, and BREWSTER, Senior District Judge.**

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

**

 The Honorable Rudi M. Brewster, Senior United States District Judge for the Southern District of California, sitting by designation.

MEMORANDUM ***

Because the parties are familiar with the underlying facts, we repeat only those necessary to our decision.

Appellee had a duty to defend the Thompson action for negligently failing to provide adequate security. The attacker falsely imprisoned the tenant, however briefly, in the elevator before and distinct from the assault. The imprisonment began the moment the attacker stopped the elevator and continued throughout the entire subsequent assault, battery, and attempted rape, until he pushed the tenant out of the elevator.1 A reasonable layperson reading the policy would believe it covered a false imprisonment claim that preceded an assault. *Horace Mann Ins. Co. v. Barbara B.,*4 Cal.4th 1076, 1088-84, 17 Cal.Rptr.2d 210, 846 P.2d 792 (1993); *General Ins. Co. v. Am. Safety Indem. Co.,*185 Cal.App.4th 1515, 111 Cal.Rptr.3d 403 (2010); *see Guideone Elite Ins. Co. v. Old Cutler Presbyterian Church, Inc.,*420 F.3d 1317 (11th Cir.2005); *Ledbetter v. Concord General Corp.,*665 So.2d 1166 (Sup.Ct.La.1996). Thus, Appellee’s reliance on the assault and battery exclusion fails.

The Court rejects Appellee’s conelusory argument that the policy would cover a false imprisonment only if committed by the insured. Appellee does not cite any language in the policy to support that view. In any event, the argument fails because the tenant alleged that all of her injuries arose out of the landlord’s failure *217to respond to the complaint that an “unkempt transient” was loitering on the grounds. *See Minkler v. Safeco Ins. Co. of Am.,*49 Cal.4th 315, 317, 110 Cal.Rptr.3d 612, 232 P.3d 612 (2010).

REVERSED AND REMANDED.

***

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

1

. The attacker entered a guilty plea to false imprisonment.
MISCELLANEOUS ORDERS

CLE-2006-30101.

#### In re Continuing Legal Edn. Suspension of DiAlbert.

On Report of the Commission on Continuing Legal Education. The recommendation of the commission is adopted, and John Eugene DiAlbert, Attorney Registration No. 0030101, is reinstated to the practice of law in Ohio.
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 Wilder Richman Historic Properties
II, L.P. (the "Registrant") on Form 10-Q for the period ended November 30, 2004
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Neal Ludeke, Chief Financial Officer of Wilder Richman Historic
Corporation, the general partner of the Registrant, certify, pursuant to 18
U.S.C. (S) 1350, as adopted pursuant to (S) 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 Registrant.

/s/ Neal Ludeke
------------------------------------------
Chief Financial Officer of Wilder Richman
Historic Corporation, general partner of
Registrant
January 14, 2005