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





                                                                      EXHIBIT 99


REPORT OF INDEPENDENT ACCOUNTANTS


To the Stockholders of
IMC MORTGAGE COMPANY AND SUBSIDIARIES


We have reviewed the condensed consolidated balance sheet of IMC Mortgage
Company and Subsidiaries as of September 30, 1997, and the related condensed
consolidated statements of operations for the three-month and nine-month periods
ended September 30, 1997 and 1996 and the condensed consolidated statements of 
cash flows for the nine-month periods ended September 30, 1997 and 1996. These
financial statements are the responsibility of the Company's management.

We conducted our review in accordance with standards established by the American
Institute of Certified Public Accountants. A review of interim financial
information consists principally of applying analytical procedures to financial
data and making inquiries of persons responsible for financial and accounting
matters. It is substantially less in scope than an audit conducted in accordance
with generally accepted auditing standards, the objective of which is the
expression of an opinion regarding the financial statements taken as a whole.
Accordingly, we do not express such an opinion.

Based on our review, we are not aware of any material modifications that should
be made to the condensed consolidated financial statements referred to above for
them to be in conformity with generally accepted accounting principles.

We have previously audited, in accordance with generally accepted auditing
standards, the consolidated balance sheet as of December 31, 1996, and the
related consolidated statements of operations, stockholders' equity, and cash
flows for the year then ended (not presented herein), and in our report dated
February 21, 1997, we expressed an unqualified opinion on those consolidated
financial statements. In our opinion, the information set forth in the
accompanying condensed consolidated balance sheet as of December 31, 1996, is
fairly stated, in all material respects, in relation to the consolidated balance
sheet from which it has been derived.



COOPERS & LYBRAND L.L.P.

Tampa, Florida
November 13, 1997
United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 19-5288 September Term, 2020

 FILED: AUGUST 9, 2021

IN RE: APPLICATION OF THE COMMITTEE ON THE JUDICIARY, U.S. HOUSE OF REPRESENTATIVES,

FOR AN ORDER AUTHORIZING THE RELEASE OF CERTAIN GRAND JURY MATERIALS,

COMMITTEE ON THE JUDICIARY, UNITED STATES HOUSE OF REPRESENTATIVES,

APPELLEE

v.

UNITED STATES DEPARTMENT OF JUSTICE,

APPELLANT

On Remand from the Supreme Court of the United States

Before: ROGERS and RAO, Circuit Judges*

J U D G M E N T

This cause came to be heard on remand from the Supreme Court of the United States,

which, inter alia, vacated this court’s judgment. On consideration thereof, it is 

ORDERED and ADJUDGED that this case be remanded to the District Court with

instructions to vacate the October 25, 2019 order granting the application of the Committee on

the Judiciary, U.S. House of Representatives, in accordance with the Supreme Court’s judgment

in Department of Justice v. House Committee on the Judiciary, 2021 WL 2742772 (Jul 2, 2021).

The Clerk is directed to issue the mandate forthwith. 

FOR THE COURT:

Mark J. Langer, Clerk

BY: /s/

Michael C. McGrail

Deputy Clerk

* Then Circuit Judge Griffith was a member of the panel that decided this case in 2020, but he

did not participate in this judgment. Judges Rogers and Rao have acted as a quorum with respect

to this judgment. See 28 U.S.C. § 46(d).
Exhibit 11
                            THERMEDICS DETECTION INC.

                    Computation of Earnings (Loss) per Share


                                                    Three Months Ended
                                                --------------------------
                                                  March 29,      March 30,
                                                       1997           1996
   -----------------------------------------------------------------------

   Computation of Primary Earnings (Loss)
     per Share:

   Net Income (Loss) (a)                        $ 1,024,000    $  (524,000)
                                                -----------    -----------

   Shares:
     Weighted average shares outstanding         10,975,926     10,032,967

     Add: Shares issuable from assumed exercise
          of options (as determined by the
          application of the treasury stock
          method)                                         -         65,889
                                                -----------    -----------

     Weighted average shares outstanding,
       as adjusted (b)                           10,975,926     10,098,856
                                                -----------    -----------

   Primary Earnings (Loss) per Share (a) / (b)  $       .09    $      (.05)
                                                ===========    ===========
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT


      This First Amendment to the July 8, 2008 Employment Agreement (the “Agreement”) by and among Westell Technologies, Inc., a Delaware corporation (the “Company”), Westell, Inc., an Illinois corporation (the “Operating Subsidiary”) and Bernard F. Sergesketter (“Executive”) is entered into the 29th day of September, 2008 with effectiveness as of July 8, 2008.


      WHEREAS, the parties desire to amend the Agreement so as to make Executive eligible for participation in the Operating Subsidiary’s 401(k) plan, effective as of the commencement of employment on July 8, 2008;


      NOW THEREFORE,  the parties agree as follows:


      1. The existing last sentence of Section 2.1 of the Agreement is deleted and two new sentences are added in its place to read as follows


      “Executive shall be entitled to participate in the Operating Subsidiary’s 401(k) plan.  Except for such participation and except for the stock option described in Section 2.2 below, Executive shall not be eligible to participate in any bonus, retirement, vacation, Section 125 spending account, medical or vision coverage, disability, life insurance, stock purchase, or other benefit plans, practices, policies or programs of the Company. “


      2. Except as amended hereby, the Agreement remains in full force and effect.


      IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date and year first above written.


      Westell Technologies, Inc.


      By: /s/ John W. Seaholtz



      

      	
                   
 	
                  Chairman of the board
 


      


      Westell, Inc.


      By: /s/ John W. Seaholtz



      

      	
                   
 	
                  Chairman of the board
 


      


      /s/ Bernard F. Sergesketter


      Bernard F. Sergesketter
#### UNITED STATES of America, Appellant, v. George D. HARLOW, H. N. Beck, E. J. Burke, W. T. Stuart and C. S. Reams, Appellees.

No. 4548.

Circuit Court of Appeals, Fourth Circuit.

Sept. 26, 1939.

Sterling Hutcheson, U. S. Atty., and John V. Cogbill, Asst. U. S. Atty., both of Richmond, Va., for appellant.

M. J. Fulton, of Richmond, Va., for appellees.

PER CURIAM.

Cause docketed on original notice of appeal and entered dismissed under Rule 23 in accordance with agreement of counsel.
**EXHIBIT 23**

| **BDO Seidman, LLP**      Accountants and Consultants | 100 Park Ave	New York, NY 10017	Telephone: (212) 885-8000	Fax: (212) 697-1299 |
|-------------------------------------------------------|-------------------------------------------------------------------------------|

 

**Consent of Independent Registered Public Accounting Firm**

 

Jones Apparel Group, Inc.New York, New York

We hereby consent to the incorporation by reference in the RegistrationStatements on Form S-8 of Jones Apparel Group, Inc. filed on May 15, 1996, June 16, 1999, August 23, 1999,August 2, 2001, June 12, 2003, June 2, 2004 and June 3, 2005 of our reportsdated February 12, 2009, relating to the consolidated financial statements andfinancial statement schedule, and the effectiveness of Jones Apparel Group, Inc.internal control over financial reporting, which appear in this Annual Report onForm 10-K for the year ended December 31, 2008.

New York, New YorkFebruary 12, 2009
* Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

April 20, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-50788

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MARIA ISABEL GARRIGA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. 2:04-CR-17-1-AML

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

Before SMITH, CLEMENT, and PRADO, Circuit Judges. 

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Maria Isabel

Garriga raises arguments that are foreclosed by Almendarez-Torres

v. United States, 523 U.S. 224, 235 (1998), which held that a

prior conviction is a sentencing factor under 8 U.S.C. 

§ 1326(b)(2) and not a separate criminal offense. The

Government’s motion for summary affirmance is GRANTED, and the

judgment of the district court is AFFIRMED.
#### PERRY v. STATE.

No. 17105.

Court of Criminal Appeals of Texas.

Dec. 12, 1934.

Grady Sturgeon and H. B. Birmingham, both of Paris, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

HAWKINS, Judge.

Conviction is for murder, punishment being five years in the penitentiary.

. The record contains neither statement of facts nor bills of exception. A special charge requested by appellant was refused, to which action of the court- appellant reserved proper exception, but it is manifestly impossible for us to determine whether the charge was applicable in the absence of a statement of facts.

The judgment is affirmed.
II 

115TH CONGRESS 

2D SESSION S. 2294 

To amend title 38, United States Code, to ensure that individuals may 

access documentation verifying the monthly housing stipend paid to the 

individual under the Post-9/11 Educational Assistance Program of the 

Department of Veterans Affairs. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 11, 2018 

Mr. BLUMENTHAL (for himself and Ms. WARREN) introduced the following 

bill; which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to ensure that individuals may access documentation verifying the monthly 

housing stipend paid to the individual under the Post9/11 Educational Assistance Program of the Department 

of Veterans Affairs. 

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 ‘‘Securing Electronic 

5 Records for Veterans’ Ease Act of 2017’’ or the ‘‘SERVE 

6 Act of 2017’’. 


lotter on DSKBCFDHB2PROD with BILLS
2 

•S 2294 IS

1 SEC. 2. PROVISION OF MONTHLY HOUSING STIPEND INFOR2 MATION UNDER POST-9/11 EDUCATIONAL AS3 SISTANCE PROGRAM OF THE DEPARTMENT 

4 OF VETERANS AFFAIRS. 

5 Section 3313 of title 38, United States Code, is 

6 amended by adding at the end the following new sub7 section: 

8 ‘‘(j) PROVISION OF HOUSING STIPEND PAYMENT IN9 FORMATION.—The Secretary shall furnish to individuals 

10 receiving educational assistance under this chapter docu11 mentation that verifies the amount of the monthly housing 

12 stipend the individual receives under this section. The Sec13 retary shall make such documentation available to the in14 dividual using an internet website in the same manner the 

15 Secretary provides documentation verifying compensation 

16 and other benefits furnished by the Secretary to individ17 uals.’’. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998             DEC-31-1998
<PERIOD-START>                             APR-01-1998             JAN-01-1998
<PERIOD-END>                               JUN-30-1998             JUN-01-1998
<CASH>                                          22,144                  22,144
<SECURITIES>                                     6,113                   6,113
<RECEIVABLES>                                   16,069                  16,069
<ALLOWANCES>                                     1,203                   1,203
<INVENTORY>                                      2,741                   2,741
<CURRENT-ASSETS>                                49,680                  49,680
<PP&E>                                          37,724                  37,724
<DEPRECIATION>                                       0                       0
<TOTAL-ASSETS>                                  91,449                  91,449
<CURRENT-LIABILITIES>                           11,436                  11,436
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                           163                     163
<OTHER-SE>                                      78,836                  78,836
<TOTAL-LIABILITY-AND-EQUITY>                    91,449                  91,449
<SALES>                                         21,260                  41,643
<TOTAL-REVENUES>                                21,260                  41,643
<CGS>                                           15,079                  29,793
<TOTAL-COSTS>                                   22,425                  43,742
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                               (326)                   (712)
<INCOME-PRETAX>                                  (839)                 (1,387)
<INCOME-TAX>                                         0                   (208)
<INCOME-CONTINUING>                              (839)                 (1,179)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                     (839)                 (1,179)
<EPS-PRIMARY>                                   (0.05)                  (0.07)
<EPS-DILUTED>                                   (0.05)                  (0.07)
        

</TABLE>
I 

111TH CONGRESS 

1ST SESSION H. R. 1449 

To amend the Internal Revenue Code of 1986 to repeal the qualification 

standard for exterior windows, doors, and skylights. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2009 

Mr. ROE of Tennessee introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to repeal 

the qualification standard for exterior windows, doors, 

and skylights. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. REPEAL OF QUALIFICATION STANDARD FOR 

4 EXTERIOR WINDOWS, DOORS, AND SKY5 LIGHTS. 

6 (a) IN GENERAL.—Subsection (c) of section 25C of 

7 the Internal Revenue Code of 1986, as amended by the 

8 American Recovery and Reinvestment Tax Act of 2009, 

9 is amended by striking paragraph (4). 


jbell on PROD1PC69 with BILLS
2 

•HR 1449 IH

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply to property placed in service 

3 after February 17, 2009. 

Æ 


jbell on PROD1PC69 with BILLS
Exhibit 32.1

CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of AnnTaylor Stores Corporation (the Company) on Form 10-K for the period ended January 28, 2006 as filed with the
Securities and Exchange Commission (the Report), we, Kay Krill, Chief Executive Officer of the Company, and James M. Smith, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of each of our 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.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |                        
|-------------------- |  | -----------------------
|Date: March 13, 2006 |  | /s/ Kay Krill          
|                     |  | Kay Krill              
|                     |  | Chief Executive Officer



|                     |  |                        
|-------------------- |  | -----------------------
|Date: March 13, 2006 |  | /s/ James M. Smith     
|                     |  | James M. Smith         
|                     |  | Chief Financial Officer

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

This
certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-6361

CHARLES M. MOODY,

Plaintiff - Appellant,

versus

EDDIE PEARSON, Chief Warden; JOANNE MCCARTHY;

FRED SCHILLING, Health Director,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca B. Smith, District Judge.

(CA-01-36-2)

Submitted: July 26, 2001 Decided: August 6, 2001

Before WILKINS, LUTTIG, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Charles M. Moody, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Charles M. Moody appeals the district court’s order denying

relief on his 42 U.S.C.A. § 1983 (West Supp. 2000) complaint. We

have reviewed the record and the district court’s opinion and find

no reversible error. Accordingly, we affirm on the reasoning of

the district court. See Moody v. Pearson, No. CA-01-36-2 (E.D. Va.

Feb. 13, 2001). Moody’s motions for production of documents and

for a temporary restraining order are denied. 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
**Exhibit 10.2**

 

Amendment #1 to 2004 EMPLOYEE STOCK PURCHASE PLAN dated September 14, 2005 

 

Section 6 of the 2004 Employee Stock Purchase Plan is deleted in its entirety andreplaced by the following: 

 

“ 6. Deduction Changes. An employeemay decrease his payroll deduction one or more times during any Plan Period, and may discontinue his payroll deduction during any Plan Period, by filing a new payroll deduction authorization form. However, an employee may not increase hispayroll deduction during a Plan Period. If an employee elects to discontinue his payroll deductions during a Plan Period, but does not elect to withdraw his funds pursuant to Section 8 hereof, funds deducted prior to his election to discontinuewill be applied to the purchase of Common Stock on the Exercise Date (as defined below).”
<PAGE>
                                                                 Exhibit 10.2
                               September 24, 1999



VIA FACSIMILE (480-607-8360)

Mr. Jim Bradshaw
5721 E. Horseshoe Road
Paradise Valley, AZ  85253

Dear Jim:

          This letter confirms our offer for your promotion to become the
position of president and a director of Reeves Southeastern Corporation
("Reeves") and vice president of Diamond Home Services, Inc. ("Diamond")  Your
annual base salary will be $190,000.  If you are still employed by Reeves and
Diamond as of June 30, 2000, or if your employment terminates prior to June 30,
2000, other than as a result of your voluntary resignation or termination of
your employment for cause, Reeves shall also pay you an incentive bonus of
$25,000 at June 30, 2000 (or upon termination of employment, if earlier).

          Furthermore, Diamond grants to you, effective on the date you accept
this offer, an option to purchase 25,000 shares of Diamond's common stock at a
price per share equal to the fair market value of the stock on that effective
date.  Subject to the terms to be set forth in a stock option agreement that
will be sent to you shortly, one-quarter of these options vest immediately and
the remaining three-quarters shall vest in three equal amounts on each of the
three succeeding anniversary dates of your acceptance of this promotion.  Please
understand that these are non-qualified options and are not issued pursuant to
the Diamond Home Services, Inc. Incentive Stock Option Program.

          Please understand that employment is at will and that employment can
be terminated for any reason not prohibited by law or for no reason and that,
except in the circumstances described above, Reeves and Diamond have no
obligation to pay you severance in the event your employment terminates.

          Please indicate your acceptance of this offer by signing a copy of
this letter in the space indicated below and returning it to me.

          We look forward to your success in your new position.

          Very truly yours,

          C. Stephen Clegg
<PAGE>

          Chairman and Chief Executive Officer


ACCEPTED:


____________________
James W. Bradshaw



                                      -2-
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 21
- 0162 IN THE MATTER OF: R.C., Respondent and Appellant. **ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including March 16, 2022, within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

February 7 2022

02/07/2022

Case Number: DA 21-0162