alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 31.02


                    Rule 13a-14(a)/15d-14(a) Certifications


I, Barbara Rittenhouse, certify that:

1. I have reviewed this report on Form 10-K of Futures Portfolio Fund Limited
Partnership;

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. The 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) Evaluated 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 registrant's board of
directors (or persons performing the equivalent functions):

     a) All significant deficiencies and material weaknesses in the design or
     operation of internal control 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
     control over financial reporting.


<PAGE>



Date: March 29, 2005

/s/ Barbara Rittenhouse
-----------------------
By:
Barbara Rittenhouse
Comptroller of the General Partner
(Principal Financial and Accounting Officer)



                                      2
16 C.F.R. § 453.3(e)(2). 1

47 Fed. Reg. 42280, 42278 & n.186 (Sept. 24, 1982), available at 2

http://www.ftc.gov/bcp/rulemaking/funeral/funrlprac.pdf.

UNITED STATES OF AMERICA

FEDERAL TRADE COMMISSION

WASHINGTON, D.C. 20580

Division of Marketing Practices

Craig Tregillus Direct Dial: (202) 326-2970

ctregillus@ftc.gov Facsimile: (202) 326-3395

November 24, 2009

Harvey I. Lapin, Esq.

Harvey I. Lapin, PC

P.O. Box 1327

Northbrook, IL 60065-1327

Dear Mr. Lapin:

This letter responds to your request for a staff opinion interpreting Section 453.4(e)(2) of

the Funeral Rule, which prohibits claims representing “that funeral goods have protective

features or will protect the body from gravesite substances, when such is not the case.” You 1

ask, in particular, whether this provision bars an advertisement by a funeral provider that

expressly claims a burial vault is “waterproof.” 

The Commission’s discussion of this provision in the Statement of Basis and Purpose

(“SBP”) for the Rule specifically cites claims that caskets and burial vaults are “airtight,

watertight, or offer special protection against the elements” or are “waterproof.” Although the 2

SBP thus makes it clear that Section 453.4(e)(2) applies to a claim that a casket or vault is

“waterproof,” the prohibition only applies to such claims by funeral providers if they are untrue;

i.e., “when such is not the case.” The SBP points out that it is typically “impossible to estimate

how often such claims are false, because consumers are unable to discover whether protective

claims are inflated without exhuming the body.” 

Your request was prompted by an advertisement in which a funeral provider expressly

represents that it sells “a quality VAULT that is water proof and has a warranty in writing” and

costs “less than you paid for a plastic or concrete box.” The funeral provider that placed this ad

may be held liable for violating Section 453.4(e)(2) of the Rule if the claim is untrue – even if

the provider is simply repeating a representation made by the manufacturer. Any funeral

provider that repeats a claim that funeral goods have protective features adopts that claim as its

own and can be held liable for making false or unsubstantiated claims.
Harvey I. Lapin, Esq.

Page 2 of 2

As you know, the views expressed in this letter are those of the FTC staff. They have not

been reviewed, approved, or adopted by the Commission, and they are not binding on the

Commission or any individual Commissioner. However, they do reflect the views of FTC staff

charged with enforcement of the Funeral Rule. Staff Funeral Rule opinions are routinely posted

on the FTC website at http://www.ftc.gov/bcp/conline/edcams/funerals/staffopinions.shtm.

Sincerely,

 /s/

Craig Tregillus

Funeral Rule Coordinator
<PAGE>   1
                                POWER OF ATTORNEY
                                -----------------

         Each director and/or officer of NetMed, Inc. (the "Corporation") whose
signature appears below hereby appoints David J. Richards, Kenneth B. Leachman,
and William J. Kelly, Jr. as the undersigned's attorneys or any of them
individually as the undersigned's attorney, to sign, in the undersigned's name
and behalf and in any and all capacities stated below, and to cause to be filed
with the Securities and Exchange Commission (the "Commission"), the
Corporation's Annual Report on Form 10-K (the "Form 10-K") for the fiscal year
ended December 31, 1998, and likewise to sign and file with the Commission any
and all amendments to the Form 10-K, and the Corporation hereby also appoints
such persons as its attorneys-in-fact and each of them as its attorney-in-fact
with like authority to sign and file the Form 10-K and any amendments thereto
granting to each such attorney-in-fact full power of substitution and
revocation, and hereby ratifying all that any such attorney-in-fact or the
undersigned's substitute may do by virtue hereof.

         IN WITNESS WHEREOF, the undersigned have executed this Power of
Attorney in counterparts if necessary, effective as of March 23, 1999.


     SIGNATURE                              TITLE

/s/David J. Richards               President,  Director
-------------------------          (Principal Executive Officer)
   David J. Richards     

/s/Kenneth B. Leachman             Executive Vice President-Finance,
-------------------------          Treasurer (Principal Financial and
   Kenneth B. Leachman             Accounting Officer)
                         
/s/Treavor Ferger
-------------------------
   Trevor Ferger                   Director

/s/Cecil J. Petitti
-------------------------
   Cecil J. Petitti                Director

/s/Michael S. Blue
-------------------------
   Michael S. Blue                 Director

/s/Robert J. Massey
-------------------------
   Robert J. Massey                Director

/s/James F. Zid
-------------------------
   James F. Zid                    Director

/s/Susan M. O'Toole
-------------------------
   Susan M. O'Toole                Director
<PAGE>
                                                                    Exhibit 23.1

                          Independent Auditors' Consent

The Board of Directors
Swift Transportation Co., Inc.:

We consent to incorporation by reference in the Registration Statements No.
333-60970, 333-16865, 333-20651 and 033-66034 on Form S-3 and in the
Registration Statements No. 333-98581, 33-85940, 333-53566, 333-31067,
333-64910, 333-66770 and 333-81403 on Form S-8 of Swift Transportation Co.,
Inc. of our report dated February 7, 2003, except as to Note 27, as to which
the date is February 21,2003, relating to the consolidated balance sheets of
Swift Transportation Co., Inc. and subsidiaries as of December 31, 2002 and
2001, and the related consolidated statements of earnings, stockholders'
equity, and cash flows for each of the years in the three-year period ended
December 31, 2002, which report appears in the December 31, 2002 annual report
on Form 10-K of Swift Transportation Co., Inc.

Our report refers to the Company's adoption of Statement of Financial Accounting
Standards No. 133, Accounting for Derivative Instruments and Hedging Activities,
effective January 1, 2001, and Statement of Financial Accounting Standards No.
142, Goodwill and Other Intangible Assets, effective January 1, 2002.

The consolidated financial statements of Swift Transportation Co., Inc. for the
year ended December 31, 2000 have been restated to reflect the
pooling-of-interests transaction with MS Carriers, Inc. as described in Note 2
to the consolidated financial statements. We did not audit the 2000 consolidated
financial statements of MS Carriers, Inc., which statements reflect total
revenues constituting 36 percent of the consolidated total. Those statements
were audited by other auditors whose report has been furnished to us, and our
opinion, insofar as it relates to the amounts included for MS Carriers, Inc. for
the year ended December 31, 2000, is based solely on the report of the other
auditors.

KPMG LLP

Phoenix, Arizona
March 26, 2003
#### Milton L. ALDERMAN, Appellant, v. STATE of Florida, Appellee.

No. Q-18.

District Court of Appeal of Florida, First District.

May 17, 1973.

Rehearing Denied Aug. 27, 1973.

*232W. C. Airth, Jr., Asst. Public Defender; and Milton L. Alderman, in pro. per.

Robert L. Shevin, Atty. Gen., and Donald K. Rudser, Asst. Atty. Gen., for appel-lee.

POWELL, GILLIS E., Associate Judge.

Appellant was convicted on June 15, 1971, of committing three crimes; namely, two counts of breaking and entering with intent to commit grand larceny and grand larceny. Charlie Sitterson, codefendant, was likewise convicted at the same time and his conviction has been affirmed by this Court. Sitterson v. State, 270 So.2d 25 (1 Fla.App.1972).

Appellant through counsel and in propria persona has posed numerous points on appeal, the first of which attacks jurisdiction because of the fact that the information was signed by an assistant state attorney instead of the state attorney. Constitution of the State of Florida, F.S.A., Article 1, Section 15(a) and statutory law, F.S., Sec. 27.181(3), F.S.A. The law is well settled on this point that failure to make timely objection constitutes a waiver of this defect. Gerlaugh v. Florida Parole Commission, 139 So.2d 888 (Fla.1962), and Bretti v. State, 239 So.2d 527 (3 Fla.App.1970). Also, see “Cr.PR” 3.140(g), 33 F.S.A., which reads in part “ . . . No objection to an information on the ground that it was not signed or verified, as herein provided, shall be entertained after the defendant pleads to the merits.”

Voluminous testimony was adduced by the State in proof of appellant’s guilt and the evidence amply supported the verdict of the jury. The other points raised are without sufficient merit, and we do not think that a detailed enumeration and discussion of them would serve any useful purpose. The questions of law were properly supported by adequate authority.

The judgment of conviction and the denial of motion for new trial are hereby affirmed.

WIGGINTON, J., concurs.

RAWLS, Acting C. J., dissents.

RAWLS, Acting Chief Judge

(dissenting).

Three defendants, appellant Alderman, Charlie Sitterson, and Charles Simmons were charged with the crimes of breaking and entering and grand larceny. Trial was commenced in a consolidated case, and during the course of same, a mistrial was declared as to Simmons. Alderman and Sitterson were convicted. In a prior appeal, the conviction of Sitterson was affirmed by this Court reported at 270 So.2d 25 (1 Fla.App. 1972). Basically, the same procedural errors alleged in the instant case were posed in Sitterson. Hence, my brethren are of the view that the decision of this Court in Sitterson, supra, is controlling as to his codefendant, appellant Alderman.

Simmons was tried in a separate trial. This Court in an opinion authored by the writer reversed Simmons and directed that he be granted a new trial. Simmons v. Wainwright, 271 So.2d 464 (1 Fla.App.1973.) A number of the identical errors delineated in Simmons, supra, appear in the instant cause. I would reverse on authority of Simmons v. Wainwright, supra, and remand for a new trial.
EXHIBIT 3(a)
                                                                    ------------



                           CERTIFICATE OF AMENDMENT OF
                         CERTIFICATE OF INCORPORATION OF
                               INSILCO CORPORATION



It is hereby certified that:


1.     The name of the corporation (hereinafter called the "corporation" is
       Insilco Corporation.

2.     The Certificate of Incorporation of the corporation is hereby amended by
       deleting therefrom in its entirety Article FIRST as presently in effect
       and by substituting in lieu thereof a new Article FIRST to be read as
       follows:

              "FIRST:  The name of the corporation (hereinafter called the
              "corporation" is Insilco Technologies, Inc."

3.     The amendment of the Certificate of Incorporation herein certified has
       been duly adopted and written consent has been given in accordance wit
       the provisions of Sections 228 and 242 of the General Corporation Law of
       the State of Delaware.

4.     The effective time of the amendment herein certified shall be
       August 25, 2000.



                                                     By: /S/ MICHAEL R. ELIA
                                                         -------------------
                                                     Name: Michael R. Elia
                                                     Title: Secretary
<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED>
<MULTIPLIER> 1,000

<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997             DEC-31-1996
<PERIOD-START>                             JAN-01-1997             JAN-31-1996
<PERIOD-END>                               DEC-31-1997             DEC-31-1996
<CASH>                                           3,817                   1,864
<SECURITIES>                                         0                   1,962
<RECEIVABLES>                                   10,724                  11,884
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                                17,074                  17,618
<PP&E>                                         669,247                 328,836
<DEPRECIATION>                               (137,838)               (118,624)
<TOTAL-ASSETS>                                 555,128                 230,041
<CURRENT-LIABILITIES>                           19,095                  10,956
<BONDS>                                        369,924                 122,777
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                           256                     203
<OTHER-SE>                                     141,847                  81,263
<TOTAL-LIABILITY-AND-EQUITY>                   555,128                 230,041
<SALES>                                         63,130                  54,272
<TOTAL-REVENUES>                                63,130                  54,272
<CGS>                                           15,970                  13,875
<TOTAL-COSTS>                                   42,347                  37,419
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                              11,120                   8,476
<INCOME-PRETAX>                                 10,309                   9,389
<INCOME-TAX>                                     4,021                   3,483
<INCOME-CONTINUING>                              6,288                   5,906
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                     6,288                   5,906
<EPS-PRIMARY>                                      .29                     .29
<EPS-DILUTED>                                      .28                     .29


</TABLE>
[Federal Register Volume 62, Number 241 (Tuesday, December 16, 1997)]
[Notices]
[Page 65824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32759]


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

NUCLEAR REGULATORY COMMISSION


Advisory Committee on Reactor Safeguards, Subcommittee Meeting on 
Human Factors; Notice of Meeting

    The ACRS Subcommittee on Human Factors will hold a meeting on 
January 20, 1998, Room T-2B3, 11545 Rockville Pike, Rockville, 
Maryland.
    The entire meeting will be open to public attendance.
    The agenda for the subject meeting shall be as follows:
    Tuesday, January 20, 1998--8:30 a.m. until the conclusion of 
business.
    The Subcommittee will review the latest version of the Human 
Performance and Reliability Implementation Plan, status of a technique 
for human error analysis (ATHEANA) pilot program, integration of human 
factors considerations into the inspection process, results of studies 
that used the Human Performance Events Database, and associated 
activities. The purpose of this meeting is to gather information, 
analyze relevant issues and facts, and formulate proposed positions and 
actions, as appropriate, for deliberation by the full Committee.
    Oral statements may be presented by members of the public with the 
concurrence of the Subcommittee Chairman; written statements will be 
accepted and made available to the Committee. Electronic recordings 
will be permitted only during those portions of the meeting that are 
open to the public, and questions may be asked only by members of the 
Subcommittee, its consultants, and staff. Persons desiring to make oral 
statements should notify the cognizant ACRS staff engineer named below 
five days prior to the meeting, if possible, so that appropriate 
arrangements can be made.
    During the initial portion of the meeting, the Subcommittee, along 
with any of its consultants who may be present, may exchange 
preliminary views regarding matters to be considered during the balance 
of the meeting.
    The Subcommittee will then hear presentations by and hold 
discussions with representatives of the NRC staff, its consultants, and 
other interested persons regarding this review.
    Further information regarding topics to be discussed, whether the 
meeting has been canceled or rescheduled, the Chairman's ruling on 
requests for the opportunity to present oral statements and the time 
allotted therefor can be obtained by contacting the cognizant ACRS 
staff engineer, Mr. Noel F. Dudley (telephone 301/415-6888) between 
7:30 a.m. and 4:15 p.m. (EST). Persons planning to attend this meeting 
are urged to contact the above named individual one or two working days 
prior to the meeting to be advised of any potential changes to the 
agenda, etc., that may have occurred.

    Dated: December 10, 1997.
Gail H. Marcus,
Acting Deputy Executive Director.
[FR Doc. 97-32759 Filed 12-15-97; 8:45 am]
BILLING CODE 7590-01-P
#### Raymond W. WATFORD, Appellant, v. STATE of Florida, Appellee.

No. N-27.

District Court of Appeal of Florida, First District.

May 21, 1970.

PER CURIAM.

Affirmed.
[Federal Register Volume 62, Number 246 (Tuesday, December 23, 1997)]
[Notices]
[Pages 67106-67107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33463]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard
[CGD08-97-045]


Lower Mississippi River Waterway Safety Advisory Committee

AGENCY: Coast Guard, DOT.

ACTION: Notice of meeting.

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

SUMMARY: The Lower Mississippi River Waterway Safety Advisory Committee 
will meet to discuss various navigation safety matters affecting the 
Lower Mississippi River area. The meeting will be open to the public.

DATES: The meeting will be held from 9 a.m. to approximately 11 a.m. on 
Wednesday, January 28, 1998.

ADDRESSES: The meeting will be held in the basement conference room of 
the Hale Boggs Federal Building located at 501 Magazine Street, New 
Orleans, Louisiana.

FOR FURTHER INFORMATION CONTACT:
M. Monty Ledet, USCG, c/o Commander, Eighth Coast Guard District (m), 
Room 1341, Hale Boggs Federal Building, 501 Magazine Street, New 
Orleans, LA 70130-3396, telephone (504) 589-4686.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given pursuant to 
the Federal Advisory Committee Act, 5 U.S.C. App. 2 Sec. 1 et seq. The 
meeting is open to the public. Members of the public may present 
written or oral statements at the meeting. The agenda for the meeting 
consists of the following items:

Election of Committee Chairman.
Election of Committee Vice Chairman.
Approval of the September 10, 1997 minutes.
Subcommittee Reports.
Old Business.
New Business.
Adjournment.

Information on Services for Individuals with Disabilities

    For information on facilities or services for individuals with 
disabilities or to request special assistance at the

[[Page 67107]]

meeting, contact M. Monty Ledet, Marine Safety Division, Eighth Coast 
Guard District, at the number listed in FOR FURTHER INFORMATION above, 
as soon as possible.

    Dated: December 15, 1997.
T.W. Josiah,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 97-33463 Filed 12-22-97; 8:45 am]
BILLING CODE 4910-14-M
#### Leo A. SCARBOROUGH, Petitioner, v. SOUTHERN BAKERIES COMPANY, Respondent.

No. 39907.

Supreme Court of Florida.

Feb. 15, 1971.

Certiorari denied.

ROBERTS, C. J., and ERVIN, McCAIN and DEKLE, JJ., concur.

BOYD, J., dissents.