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




                                                                    EXHIBIT 15.1






PowerCerv Corporation
400 North Ashley Drive, Suite 2700
Tampa, Florida  33602


Gentlemen:

Re:      Registration Statement on Form S-8 (No. 333-3960)


With respect to the above referenced registration statement, we acknowledge our
awareness of the incorporation by reference therein of our report dated October
17, 1997, related to our review of interim financial information, which report
was included in the quarterly report on Form 10-Q of PowerCerv Corporation for
the quarterly period ended September 30, 1997.

Pursuant to Rule 436(c) under the Securities Act of 1933, such report is not
considered part of a registration statement prepared or certified by an
accountant or a report prepared or certified by an accountant within the meaning
of Sections 7 and 11 of the Act.





                                         /s/ KPMG Peat Marwick LLP
                                         


Tampa, Florida
October 17, 1997







                                      23
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT UNITED STATES OF AM ER IC A,

Pla i ntiff-Appe lle e , v. M IGUEL ANGEL GARC IA-AGUILAR ,

De fe nda nt-Appe l la

nt. No. 15-50336

D.C . No. 3:15-c r-01034-W QH M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Southe rn Distric t of C a lifornia W illia m Q. Ha y e s, Distric t Judge , Pre siding Subm itte d De c e m

be r 14, 2016 ** B e fore : WALLAC E, LEAVY, a nd FISHER , C irc uit Judge s. M igue l Ange l Ga

rc ia -Aguila

r a p pe a ls from

the distric t c ourt’ s judgm e nt a nd c ha lle nge s the 48-m onth se nte n c e im pose d following his guilty -ple a c onvic tion for im porta tion of m e tha

m phe tam ine , in viola

t ion of 21 U.S.C . §§ 952 a nd 960. W e have jurisdic tion unde r 28 U.S.C . § 1291. W e va c ate an d re m an d for re se nte nc ing. 

# FIL ED DEC 19 2016 M OLLY C. DW Y ER, CLERK U
. S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by Ninth C irc uit R

ule 36-3.

* * The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).Garc ia -Aguila r argue s tha

t the distric t c ourt e rre d in de ny ing a m i nor role re duc t ion to his ba se offe nse le ve l unde r U.S.S.G. § 3B 1.2(b). Afte r Ga rc ia Aguila r wa s se nte nc e d, the Unite d State s Se nte n c ing C om m i ssion issue d Am e ndm e nt 794 (“ the Am e ndm e nt” ), whic h am e nde d the c om m e nta ry to the m inor role Guide line . The Am e ndm e nt is re troa c tive to c a se s pe nding on dire c t a ppe a l. Se eUnite d State

s v . Quinte ro-Le

y v a , 823 F.3d 519, 523 (9th C ir. 2016). The Am e ndm e nt a dde d a

non-e xha ustivelist of fa c tors tha

t a c ourt “ should c onside r” in de te rm ining whe the r to a pply a m i nor role re d

uc tion. Se eU.S.S.G. § 3B 1 .2 c m

t. n.3(C ) (2015). B e c a

use we c a nnot de te rm ine from

the re c ord whe the r the distric t c ourt c o nside re d a ll of the now-re le va nt fa c tors, we va c ate Garc ia -Aguila

r’ s se nte nc e an d re m and for re se nte nc ing. Se eQuinte ro-Le y v a , 823 F.3d at 523-24. V ACAT E D and RE M ANDE D for r e se nte nc i ng.

1 5 - 5 0 3 3 6 2
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6993 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 6993

   To allow individuals to choose to opt out of the Medicare part A 
                                benefit.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 12, 2024

  Mr. Palmer introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
   To allow individuals to choose to opt out of the Medicare part A 
                                benefit.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Retirement Freedom Act''.

SEC. 2. ALLOWING INDIVIDUALS TO CHOOSE TO OPT OUT OF THE MEDICARE PART 
              A BENEFIT.

    Any individual who is otherwise entitled to benefits under part A 
of title XVIII of the Social Security Act may elect (in such form and 
manner as may be specified by the Secretary of Health and Human 
Services) to opt out of such entitlement. Notwithstanding any other 
provision of law, in the case of an individual who makes such an 
election, such individual--
            (1) may (in such form and manner as may be specified by the 
        Secretary) subsequently choose to end such election and opt 
        back into such entitlement (in accordance with a process 
        determined by the Secretary) without being subject to any 
        penalty;
            (2) shall not be required to opt out of benefits under 
        title II of such Act as a condition for making such election; 
        and
            (3) shall not be required to repay any amount paid under 
        such part A for items and services furnished prior to making 
        such election.
                                 <all>
```
<PAGE>
                                                                    EXHIBIT 10.6


                               AMENDMENT NO. 1 TO
                              EMPLOYMENT AGREEMENT

         This Amendment No. 1 to Employment Agreement is made as of this 1st day
of April, 2002, by and between Stewart Enterprises, Inc., a Louisiana
corporation (the "Company"), and Randall L. Stricklin (the "Employee").

                                   WITNESSETH:

         WHEREAS, the Company has entered into an Employment Agreement with the
Employee dated as of November 1, 2001 (the "Employment Agreement"); and

         WHEREAS, the Company and the Employee have agreed to eliminate certain
benefits payable to Employee upon termination of employment in consideration of
the inclusion of Employee as an initial participant in a Supplemental Executive
Retirement Plan (the "SERP").

         NOW, THEREFORE, for and in consideration of the continued employment of
Employee by the Company, the payment of wages, salary and other compensation to
Employee by the Company and the benefits potentially payable to Employee under
the SERP, the parties hereto agree as follows, effective as of April 1, 2002:

         SECTION 1. Except as expressly amended herein, all of the terms and
provisions of the Employment Agreement shall remain in full force and effect.

         SECTION 2. Article IV, Section 5 of the Employment Agreement is hereby
deleted in its entirety.

         SECTION 3. Article IV, Section 6 of the Employment Agreement is hereby
renumbered as Article IV, Section 5.

         IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
duly executed and signed as of the date indicated above.

                                STEWART ENTERPRISES, INC.


                                By:
                                   --------------------------------------
                                         James W. McFarland
                                         Compensation Committee Chairman

                                EMPLOYEE:


                                -----------------------------------------
                                          Randall L. Stricklin
May 19, 2015

JUDGMENT

The Fourteenth Court of Appeals

IN THE MATTER OF THE MARRIAGE OF JAMILEH MERRIKH AND DAVID 

HOSSIEN MERRIKH, Appellant

NO. 14-14-00024-CV

________________________________

This court today heard a motion for rehearing filed by appellant David Merrikh 

and a motion for rehearing filed by appellants Noorollah Merrikh and Zarine Motlagh.

We order the motions be denied, and that the court’s former judgment of March 17, 

2015 be vacated, set aside, and annulled. We further order this court’s opinion of March 

17, 2015, withdrawn.

This cause, two appeals, one by David Merrikh and one by Noorollah Merrikh 

and Zarine Motlagh, from the judgment in favor of Jamileh Merrikh, signed October 11, 

2013, was heard on the transcript of the record. 

With regard to David Merrikh’s appeal, we have inspected the record and find no 

error in the judgment. Therefore, as it pertains to David Merrikh, we order the judgment 

of the court below AFFIRMED. 

With regard to Noorollah Merrikh and Zarine Motlagh’s appeal, we have 

inspected the record and find no error in the judgment. Therefore, as it pertains to 

Noorollah Merrikh and Zarine Motlagh, we order the judgment of the court below 

AFFIRMED. 

We order David Merrikh, Noorollah Merrikh, and Zarine Motlagh, jointly and 

severally, to pay all costs incurred in this appeal. 

We further order this decision certified below for observance.
EXHIBIT 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Kenneth A. Shewer, Co-Chief Executive Officer of the Managing Owner, Preferred Investment Solutions
Corp. (the Managing Owner), of Futures Strategic Trust (the Trust), hereby certifies pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Trusts Quarterly Report on Form 10-Q for the period ended March 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Quarterly
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 Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Trust.
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------



|                          
|--------------------------
|/s/ Kenneth A. Shewer     
|Kenneth A. Shewer         
|Co-Chief Executive Officer
|May 15, 2006
|                              |
|------------------------------|
|                              |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |
|                         |    |   | For the YearEndedDecember 31,2009 |   | For the YearEndedDecember 31,2010 |   | For the YearEndedDecember 31,2011 |   | For the YearEndedDecember 31,2012 |   | For the YearEndedDecember 31,2013 |   |
| Earnings to Fixed Charges(1) |    |    |   | 1.58 |    |   | 4.14 |    |   | 6.22 |    |   | 4.52 |    |   | 4.93 |  |    |

|     |                                                                                                                                                         |
|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------|
| (1) | Earnings include net realized and unrealized gains or losses. Net realized and unrealized gains or losses can vary substantially from period to period. |

|         |                                                                                                                                                                                                                                                                                                                                               |
|---------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| • | Excluding net unrealized gains or losses, the earnings to fixed charges ratio would be 3.00 for the year ended December 31, 2009, 2.80 for the year ended December 31, 2010, 5.64 for the year ended December 31, 2011, 4.68 for the year ended December 31, 2012 and 4.85 for the year ended December 31, 2013. |

|         |                                                                                                                                                                                                                                                                                                                                                            |
|---------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| • | Excluding net realized and unrealized gains or losses, the earnings to fixed charges ratio would be 2.93 for the year ended December 31, 2009, 3.47 for the year ended December 31, 2010, 4.65 for the year ended December 31, 2011, 4.30 for the year ended December 31, 2012 and 3.96 for the year ended December 31, 2013. |
CERTIFICATIONI, Kokmeng Koh, certify that: 1. I have reviewed this report on Form 10-K and all reports on Form 10-Drequired to be filed in respect of the period covered by this report on Form 10-K ofPrincipal Life Income Fundings Trust 2006-78 (the “Exchange Act periodic reports”);  2. Based on my knowledge, the Exchange Act periodic reports, taken as whole, donot contain any untrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by thisreport;  3. Based on my knowledge, all of the distribution, servicing and otherinformation required to be provided under Form 10-D for the period covered by thisreport is included in the Exchange Act periodic reports;  4. Based on my knowledge and the servicer compliance statement(s) required inthis report under Item 1123 of Regulation AB, and except as disclosed in the ExchangeAct period reports, the servicer has fulfilled its obligations under the servicingagreement(s) in all material respects; and  5. All of the reports on assessment of compliance with servicing criteria forasset-backed securities and their related attestation reports on assessment ofcompliance with servicing criteria for asset-backed securities required to be includedin this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwisedisclosed in this report. Any material instances of noncompliance described in suchreports have been disclosed in this report on Form 10-K.In giving the certifications above, I have reasonably relied on information provided to me by thefollowing unaffiliated parties: Citibank, N.A. and Bankers Trust Company, N.A.Date: March 28, 2007   /s/ Kokmeng Koh     Kokmeng Koh  Second Vice President
I 

114TH CONGRESS 

1ST SESSION H. R. 707 

To restore long-standing United States policy that the Wire Act prohibits 

all forms of Internet gambling, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2015 

Mr. CHAFFETZ (for himself, Ms. GABBARD, Mr. SMITH of Texas, Mr. FRANKS

of Arizona, Mr. KING of Iowa, Mr. DENT, Mr. HOLDING, and Mr. 

FORBES) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To restore long-standing United States policy that the Wire 

Act prohibits all forms of Internet gambling, and for 

other purposes. 

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 ‘‘Restoration of Amer5 ica’s Wire Act’’. 

6 SEC. 2. WIRE ACT CLARIFICATION. 

7 Section 1084 of title 18, United States Code, is 

8 amended— 

9 (1) in subsection (a)— 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 707 IH

1 (A) by striking ‘‘bets or wagers or infor2 mation assisting in the placing of bets or wa3 gers on any sporting event or contest,’’ and in4 serting ‘‘any bet or wager, or information as5 sisting in the placing of any bet or wager,’’; 

6 (B) by striking ‘‘result of bets or wagers’’ 

7 and inserting ‘‘result of any bet or wager’’; and 

8 (C) by striking ‘‘placing of bets or wagers’’ 

9 and inserting ‘‘placing of any bet or wager’’; 

10 and 

11 (2) by striking subsection (e) and inserting the 

12 following: 

13 ‘‘(e) As used in this section— 

14 ‘‘(1) the term ‘bet or wager’ does not include 

15 any activities set forth in section 5362(1)(E) of title 

16 31; 

17 ‘‘(2) the term ‘State’ means a State of the 

18 United States, the District of Columbia, the Com19 monwealth of Puerto Rico, or a commonwealth, ter20 ritory, or possession of the United States; 

21 ‘‘(3) the term ‘uses a wire communication facil22 ity for the transmission in interstate or foreign com23 merce of any bet or wager’ includes any trans24 mission over the Internet carried interstate or in for25 eign commerce, incidentally or otherwise; and 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 707 IH

1 ‘‘(4) the term ‘wire communication’ has the 

2 meaning given the term in section 3 of the Commu3 nications Act of 1934 (47 U.S.C. 153).’’. 

4 SEC. 3. RULE OF CONSTRUCTION. 

5 Nothing in this Act, or the amendments made by this 

6 Act, shall be construed— 

7 (1) to preempt any State law prohibiting gam8 bling; or 

9 (2) to alter, limit, or extend— 

10 (A) the relationship between the Interstate 

11 Horseracing Act of 1978 (15 U.S.C. 3001 et 

12 seq.) and other Federal laws in effect on the 

13 date of enactment of this Act; 

14 (B) the ability of a State licensed lottery 

15 retailer to make in-person, computer-generated 

16 retail lottery sales under applicable Federal and 

17 State laws in effect on the date of the enact18 ment of this Act; or 

19 (C) the relationship between Federal laws 

20 and State charitable gaming laws in effect on 

21 the date of the enactment of this Act. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS
EXHIBIT 35.2
                  SERVICER COMPLIANCE STATEMENT (ITEM 1123)
                               GMAC MORTGAGE, LLC
             RALI SERIES 2006-QA10 TRUST (THE "ISSUING ENTITY")

The undersigned,  a duly authorized  officer of GMAC Mortgage,  LLC, as servicer
(the "Servicer")  pursuant to the applicable  servicing  agreement,  does hereby
certify that:

1.   A review of the  Servicer's  activities  during the  period  covered by the
     Issuing  Entity's  report  on Form 10-K and of the  Servicer's  performance
     under  the   applicable   servicing   agreement  has  been  made  under  my
     supervision.

2.   To the  best of my  knowledge,  based  on such  review,  the  Servicer  has
     fulfilled all of its obligations under the applicable  servicing  agreement
     in all material respects throughout such period.

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 26th
day of March 2007.

By:      /s/ Anthony N. Renzi
      ------------------------
      Name:  Anthony N. Renzi
      Title:    Executive Vice President
#### UNITED STATES of America, Plaintiff-Appellee, v. Phillip Ray JERNIGAN, Jr., Defendant-Appellant.

No. 16-7744

United States Court of Appeals, Fourth Circuit.

Submitted: March 30, 2017

Decided: April 4, 2017

Phillip Ray Jernigan, Jr., Appellant Pro Se. Darryl James Mitchell, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

*290PER CURIAM:

Phillip Ray Jernigan, Jr., appeals the district court’s order denying his 18 U.S.C. § 3582(c)(2) (2012) motion for a sentence reduction pursuant to Amendment 782 to the Sentencing Guidelines. We have reviewed the record and find no abuse of discretion. See United States v. Muldrow, 844 F.3d 434, 437 (4th Cir. 2016) (providing standard). Accordingly, we affirm for the reasons stated by the district court. United States v. Jernigan, No. 2:12-cr-00142-RAJ-TEM-1 (E.D. Va. Nov. 21, 2016). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED
EXHIBIT 10.3



REDKEN 5th
AVENUE NYC LLC

575 Fifth Avenue

New York, NY 10017-2450

Tel (212) 964-4784

Patrick T. Parenty

Vice President, General Manager

April 6, 2001

 

Steve Davis

Mypersonalsalon.com 

Via Federal Express

 

Dear Steve:

 This letter will outline our agreed
upon relationship, REDKEN and Mypersonalsalon.com.

Mypersonalsalon.com has agreed to:

 

	Use REDKEN products exclusively for
    all service needs provided by mypersonalsalon.com in Haircare, Styling,
    Haircolor and Perms.
	Retail REDKEN haircare and Styling
    products to the clients of mypersonalsalon.com through your licensed
    cosmetologists
	Mypersonalsalon.com will not sell
    directly over its website any REDKEN products unless the client is having
    regular services from your licensed cosmetologists
	Mypersonalsalon.com will provide
    REDKEN with monthly sales information tracking both Mypersonalsalon.com
    products purchases for use and retail sales
	
    Mypersonalsalon.com
    management will ensure initial and ongoing product and technique training on
    all REDKEN products for all its licensed cosmetologists

	Mypersonalsalon.com will consult
    with Redken prior to endorsing or using any other products outside of the
    Haircare, Haircolor, Styling and Perm categories.


 

In exchange for the above mentioned
commitment, REDKEN agrees to: 

	Provide initial and ongoing
    education on all REDKEN products used and sold by Mypersonalsalon.com
	Provide up to 100 new employees per
    year with a start up kit of REDKEN products and accessories
	Provide an advertising and
    promotional allowance of $35,000 per year, paid on a quarterly basis. This
    allowance is based on satisfactory performance by Mypersonalsalon.com and
    will be reviewed every six months with both companies' management
	REDKEN will create an accrual fund
    of 10% of total purchases, (at 40% off of salon list) to be used by
    Mypersonalsalon.com to promote their REDKEN business. This accrual fund will
    be managed jointly by Mypersonalsalon.com and REDKEN management. Information
    on purchases will come from Mypersonalsalon.com's sales reporting to REDKEN
    and verified by our mutual distribution partner.
	
    REDKEN will advise
    Mypersonalsalon.com on product sales and delivery, and although we do have
    expertise in this area, it will ultimately be your decision and
    responsibility to create a delivery system for your purchases for use and
    your retail sales.

	REDKEN will assist
    Mypersonalsalon.com in the creation and ongoing maintenance of a product
    catalgue used for retail sales by your licensed cosmetologists to their
    qualified service clients.


This outlines our agreement, which will
have a term on one year with the mutual option to renew for an additional year.
We will review our agreement by October of each year that it is in effect.

We look forward to an excellent
relationship and will work with you to create a long lasting, successful
business. 

Regards,

Pat Parenty

Vice President, General Manager