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Exhibit 12. (a)
                                                                                
         COMPUTATION OF RATIO OF INCOME TO FIXED CHARGES 
         SEARS, ROEBUCK AND CO. AND CONSOLIDATED SUBSIDIARIES

<TABLE>
<CAPTION>
                                                                Year Ended
<S>                                              <C>     <C>      <C>         <C>       <C>

    (millions, except ratios)                    1996      1995      1994      1993      1992  
Fixed Charges
 Interest and amortization of 
 debt discount and expense on 
 all indebtedness                                $1,365    $1,373    $1,279    $1,318    $1,389 

Add interest element implicit in rentals            121       119       114       105       165
                                                 ------    ------    ------    ------    ------
                                                  1,486     1,492     1,393     1,423     1,554
Interest capitalized                                  5         4         1         3        23
                                                 ------    ------    ------    ------    ------
Total fixed charges                              $1,491    $1,496    $1,394    $1,426    $1,577
                                                 ------    ------    ------    ------    ------
                                                 ------    ------    ------    ------    ------

Income (loss)
Income (loss) from continuing operations         $1,271    $1,025      $857      $625   ($1,812)
Deduct undistributed net income (loss) 
 of unconsolidated companies                          8         9        (7)        6        (4)
                                                 ------    ------     ------    -----   --------
                                                  1,263     1,016       864       619    (1,808)
Add
Fixed charges (excluding interest capitalized)    1,486     1,492     1,393     1,423     1,554
Income taxes (benefit)                              834       703       614       329    (1,039)
                                                 ------    ------   -------    ------   --------
Income (loss) before fixed charges and
 income taxes                                    $3,583    $3,211    $2,871    $2,371   ($1,293)
                                                 ------    ------    ------    ------   --------
                                                 ------    ------    ------    ------   --------

Ratio of income to fixed charges                   2.40      2.15      2.06      1.66     (A)
                                                 ------    ------    ------    ------   --------
                                                 ------    ------    ------    ------   --------

<FN>
(A)  As a result of the loss for the year ended December 31, 1992, earnings did not cover fixed charges by $2,870 million.
</FN>
</TABLE>
THEA~ORNEY GENERAL 

OFTEXAS 

Honorable Homer Garrison 

Director Department of i 

Jr., 

Austin, f! 

ublic Safety 

exas 

Dear Mr. Garrison: Opinion No. O-2202 

Re: Departmental Appro 

ii 

riation Act, 1939 -- e8 

artment of Public 

afety -- Employees' 

vocation. 

This will acknowledge receipt of your letter 

of date April II, 1940, requesting a legal opinion upon the following stated case: 

"The Department of Public Safety 

has four boys employed to work fortyeight hours each week. Two of these 

employees are carried as -1iuht watchmen, one is carried as laborer, and 

one is carried as a relief telephone 

operator. They are paid from the Contingent Fund, %in Division, Department of Public Safety. From September 1, 1939, to April 1, 1949, the were 

paid at the rate of severty-five ( i 75;OO) 

dollars per month. Beginning April 1, 

1940, they wil.1 be paid at the rate of 

three ($3.00) dollars per day from the 

Contingent Fund, Main Division. Each 

of these four employees has been employed by the Department of Public 

Safety more than six months. 

Vnder the provisions of the appropriation bill, zro these employees 

entitled to twelve days vacation?" 
The boys mentioned by you are entitled to 

the t~+$v~e ,daypl yacation specified +n'the',Appropria, 

ti,& sctr 

A sic&r to S. B, N,o, 427 (the current biennia$ 

Approprgation Act) governing your department pr,ovi.des: 

Y&qa~Qq@t e,mp;loyees sha+l, with, 

,out de,ductxon in sa'lary, rece%ve' not exr 

seeding twekve dzys.3 vacation, exclusive 

,of Sundays a,,nd legal holidays, on wh$,ch 

State offices are closed, f'or'each State 

f?scal year 

6 

such vacatio:i period to be 

r?,:*,-lally ag eed ~upon by the head of ee:ch 

departmenq with hi:-: em!.!loyees, provided, 

-that emylpyees beJ.onging to the T,exas ' 

&~okal~L,@a,rd may have their vacation 

at the' Like' of the meeting 0'1‘ the annual 

,encaqmen,t, Provided that nrj employee 

g&- q@p 9~ sa,&ry is hereby .aqqr;o~r$ated, 

&a;$~$ Ire$,e$.~e ,corqe,nsat$on -while :o:n~' ,vnca.& 

tion unles-. & @r ,& .h;ls :*;en .an &rj&oyee 

cof the depa:+ment for fib,! Le'ss than ~six 

ca@ndajjs 

$?rAg d.. !' 

mqntb pre,ceedi@ ~;the y&z?$bn - 
Honorable Homer Garrison, Jr., -page 3, O-2202 

ment for the permitted twelve-days' vacation without 

deduction in salary. 

Very truly yours 

ATTORNEY GENERAL OF TEXAS 

BY Ocie Speer 

Assistant 

OS-MR 

APPROVED APRIL 16, 194.0 

GERALD L. MANN 

ATTORNEY GENERAL OF TEXAS 

APPROVED OPINION COMMITTEE 

BY BlJB, CHAIFWAN
Case 1:07-cv-03314-GBD Document 10-6 Filed 01/21/2008 Page 1 of 29
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#### GENEVIEVE B. MOLT, PLAINTIFF, v. PUBLIC INDEMNITY COMPANY, DEFENDANT.

Decided July 13, 1932.

For the motion, *Arthur T. Vanderbilt.*

Contra, *W. Howard Demarest.*

Mountain, S. C. C.

This matter comes before me on a motion to strike out the complaint, which, among other things, alleges that the plaintiff is a private citizen of the United States and as such is entitled to the security and liberty guaranteed by the constitution of our government, as well as the State of New Jersey, and privacy to her person, reputation and home.

She had been injured in an automobile accident, and the other person involved in that accident was insured in the defendant corporation. She complains that corporation has violated the rights I have referred to; that it has made a canvass of the plaintiff’s neighborhood, including friends and strangers, and interrogated them as to the plaintiff’s habits, character, honesty, health, &c., and as to her personal and private affairs, and has made insinuations of fraud and dishonesty, and has in addition, trailed and annoyed the plain*880tiff, following her in her errands and movements from day to day, and causing her to he unnerved and disturbed in mind and body.

There is also a count drawn, which alleges a visitation by the agents and servants of the defendant upon the plaintiff while she was in the hospital and asleep, in an effort, by force and arms, to conduct a physical examination of her person. She claims special damages for the illness resulting from these trespasses, recovery for nervous agitation, and also special damages to her good name, reputation, honesty and integrity.

There is authority for bringing an action of this kind, which is an action for continuous slander—as differentiated from libel. Libel of any kind requires a record. *Jefferies*v. *Duncombe,*11 *Bast*226; *Levi*v. *Milne,*4 *Bing.*195; *Schultz*v. *Frank Fort Marine Accident and Plate Glass Insurance Co.,*151 *Wis.*537. The facts in the latter case were somewhat similar to those in the action before us, but the justice who decided it held that it was libel. I think it was, in fact, a case of continuous slander. See, also, 43 *L. R. A. (N. S.)*520.

The complaint before me will be stricken out for the following reasons:

1. It is uncertain, vague and indefinite.

2. It attempts to present a case of continuous slander.

3. It joins with that, a count for assault and battery, whicji is no impropriety, except that the corporation is defendant. The count is bad. because it does not allege that the assault was made by an agent or servant of the corporation acting within the scope of his authority.

4. The special damages are not properly pleaded. This does not present a case where the damages follow the slander *per se,*or can they be assessed for physical sickness alleged to have been caused by the plaintiff. *Butler*v. *Hoboken Printing and Publishing Co.,*73 *N. J. L.*45; 62 *Atl. Rep.*272. In other words, the complaint for continuous slander must be drawn with great particularity, and the special damages must be averred with the same care. My criticism.of the count, based on assault and battery, has been made.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 15-51180

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOSEPH CLIFFORD STANISLAWSKI, also known as Joseph Stanislawski,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:10-CR-1563-5

Before DENNIS, PRADO, and OWEN, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Joseph Clifford Stanislawski has 

moved for leave to withdraw and has filed a brief in accordance with Anders v. 

California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th 

Cir. 2011). Stanislawski has not filed a response. We have reviewed counsel’s 

brief and the relevant portions of the record reflected therein. We concur with 

counsel’s assessment that the appeal presents no nonfrivolous issue for 

 

* 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

December 20, 2016

Lyle W. Cayce

Clerk

 Case: 15-51180 Document: 00513804738 Page: 1 Date Filed: 12/20/2016
No. 15-51180

2

appellate review. Accordingly, counsel’s motion for leave to withdraw is 

GRANTED, counsel is excused from further responsibilities herein, and the 

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 15-51180 Document: 00513804738 Page: 2 Date Filed: 12/20/2016
EXHIBIT 23 — CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRMCONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRMWe hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (No.333-123606, No. 333-112483, No. 333-83014, No. 333-95615, No. 333-17725, No. 333-05125, No.33-69782, No. 33-44481, No. 33-33535, No.333-52844, No. 333-69955, No. 333-07347, and No.333-55816) of MICROS Systems, Inc. of our report dated September 13, 2005, relating to thefinancial statements, financial statement schedule, management’s assessment of the effectiveness ofinternal control over financial reporting and the effectiveness of internal control over financialreporting, which appears in this Form 10-K./s/PricewaterhouseCoopers LLPBaltimore,MarylandSeptember 13, 2005
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.
 Small Business Administration [Disaster Declaration # 10245 and # 10246]
 AGENCY: U.S. Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a Notice of the Presidential declaration of a major 
                        ( print page 69620)
                        disaster for the State of Indiana (FEMA-1612-DR ), dated 11/8/2005. Incident: Tornado and Severe Storms. Incident Period: 11/6/2005. Effective Date: 11/8/2005. Physical Loan Application Deadline Date: 1/9/2006. EIDL Loan Application Deadline Date: 8/8/2006.
 ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, National Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
 FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, Suite 6050, Washington, DC 20416.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 11/8/2005, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Vanderburgh Warrick Contiguous Counties: Indiana Dubois, Gibson, Pike, Posey, Spencer Kentucky Daviess, Henderson The Interest Rates are: PercentHomeowners With Credit Available Elsewhere
5.375Homeowners Without Credit Available Elsewhere
2.687Businesses With Credit Available Elsewhere
6.557Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere
4.000Other (Including Non-profit Organizations) With Credit Available Elsewhere
4.750Businesses and Non-profit Organizations Without Credit Available Elsewhere
4.000
 The number assigned to this disaster for physical damage is 10245C and for economic injury is 102460. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance.


[FR Doc. 05-22735 Filed 11-15-05; 8:45 am] BILLING CODE 8025-01-P
#### STATE v. GRAHAM

No. 152 PC.

Case below: 29 N.C. App. 234.

Petition by defendants for discretionary review under G.S. 7A-31 denied 17 June 1976.
THE STATE OF TEXAS

M A N D A T E

TO THE 216TH JUDICIAL DISTRICT COURT OF KERR COUNTY, GREETINGS:

Before our Court of Appeals for the Fourth District of Texas on February 11, 2015, the cause upon appeal to

revise or reverse your judgment between

Devon Alexander Kane, Appellant(s)

V.

State of Texas, Appellee(s)

No. 04-14-00004-CR and Tr. Ct. No. A1319

was determined, and therein our Court of Appeals made its order in these words:

In accordance with this court’s opinion of this date, the judgments of the

trial court are AFFIRMED.

WHEREFORE, WE COMMAND YOU to observe the order of our said Court of Appeals for the Fourth

District of Texas, in this behalf and in all things have the order duly recognized, obeyed, and executed.

Witness the Hon. Sandee Bryan Marion, Chief Justice of the Court of Appeals for the Fourth District of Texas,

with the seal of the Court affixed and the City of San Antonio on June 19, 2015.

KEITH E. HOTTLE, CLERK

Cynthia A. Martinez

Deputy Clerk, Ext. 53853
#### MOORE v. TRUST CO.

No. 52 PC.

Case below: 24 N.C. App. 675.

Petition for writ of certiorari to North Carolina Court of Appeals denied 6 May 1975.
LOWENSTEIN SANDLER PC

Attorneys At Law

1251 Avenue of the Americas

18th Floor

New York, New York 10020

Tel: 212.262.6700

Fax: 212.262.7402

Attorneys for Defendants Cerberus 

Global Investments, LLC, Cerberus 

Capital Management, L.P., Cerberus Partners, L.P. 

and Cerberus Global Investment Advisors, LLC

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK

DIRECT INVESTMENT PARTNERS AG,

Plaintiff, 07 Civ. 3310 (LLS) (RLE)

- against - FILED VIA ECF

CERBERUS GLOBAL INVESTMENTS, LLC, 

CERBERUS CAPITAL MANAGEMENT, L.P., 

CERBERUS PARTNERS, L.P. and CERBERUS 

GLOBAL INVESTMENT ADVISORS, LLC

CERTIFICATE OF SERVICE

Defendants.

I, LAWRENCE M. ROLNICK, of full age, hereby certify as follows:

On February 29, 2008, I caused copies of:

1. Defendant Cerberus Capital Management, L.P.'s Answer, Affirmative Defenses 

and Jury Demand; and

2. this Certificate of Service

to be electronically filed via the Court’s ECF service and served on Plaintiff’s counsel, Samuel 

D. Levy, via electronic mail and Federal Express (next business day).

I hereby certify that the foregoing factual statements are true. I am aware that if 

any of the foregoing factual statements are willfully false, I am subject to punishment.

Case 1:07-cv-03310-LLS Document 26-2 Filed 02/29/2008 Page 1 of 2
2

LOWENSTEIN SANDLER PC

Attorneys for Defendants Cerberus Global 

Investments, LLC, Cerberus Capital Management, 

L.P., Cerberus Partners, L.P. and Cerberus Global 

Investment Advisors, LLC

Dated: February 29, 2008 By: s/ Lawrence M. Rolnick_______

Lawrence M. Rolnick (LR-0546)

Thomas E. Redburn, Jr. (TR-3902)

1251 Avenue of the Americas

18th Floor

New York, New York 10020

Tel: 212.262.6700

Fax: 212.262.7402

- and -

65 Livingston Avenue

Roseland, New Jersey 07068

Tel: 973.597.2500

Fax: 973.597.2400

Case 1:07-cv-03310-LLS Document 26-2 Filed 02/29/2008 Page 2 of 2
# Pilot Accounted for from WWII (Marrah, J.)

/ Published Feb. 7, 2024
WASHINGTON D.C., 
The Defense POW/MIA Accounting Agency (DPAA) announced today that U.S. Army Air Forces 2nd Lt. James H. Marrah, 22, of London, Ohio, killed during World War II was accounted for August 3, 2023.

In the summer of 1943, Marrah served with the 415th Bombardment Squadron (Heavy), 98th Bombardment Group (Heavy), 9th Air Force. On Aug. 1, 1943, the B-24 Liberator aircraft on which Marrah was serving as a co-pilot, crashed as a result of enemy anti-aircraft fire during Operation TIDAL WAVE, the largest bombing mission against the oil fields and refineries at Ploiesti, north of Bucharest, Romania. His remains were not identified following the war. The remains that could not be identified were buried as Unknowns in the Hero Section of the Civilian and Military Cemetery of Bolovan, Ploiesti, Prahova, Romania. 

Following the war, the American Graves Registration Command (AGRC), the organization that searched for and recovered fallen American personnel, disinterred all American remains from the Bolovan Cemetery for identification. The AGRC was unable to identify more than 80 unknowns from Bolovan Cemetery, and those remains were permanently interred at Ardennes American Cemetery and Henri-Chapelle American Cemetery, both in Belgium.

In 2017, DPAA began exhuming unknowns believed to be associated with unaccounted-for airmen from Operation TIDAL WAVE losses. These remains were sent to the DPAA Laboratory for examination and identification.

To identify Marrah’s remains, scientists from DPAA used anthropological analysis, as well as circumstantial evidence. Additionally, scientists from the Armed Forces Medical Examiner System used mitochondrial DNA (mtDNA) analysis and autosomal DNA (auSTR).

Marrah’s name is recorded on the Tablets of the Missing at the Florence American Cemetery, an American Battle Monuments Commission site in Impruneta, Italy, along with others still missing from WWII. A rosette will be placed next to his name to indicate he has been accounted for.

Marrah will be buried in London, Ohio, on a date to be determined.

For family and funeral information, contact the Army Casualty Office at (800) 892-2490.

DPAA is grateful to the American Battle Monuments Commission and to the U.S. Army Regional Mortuary-Europe/Africa for their partnership in this mission.

For additional information on the Defense Department’s mission to account for Americans who went missing while serving our country, visit the DPAA website at www.dpaa.mil or find us on social media at www.facebook.com/dodpaa or https://www.linkedin.com/company/defense-pow-mia-accounting-agency.

Marrah’s personnel profile can be viewed at https://dpaa-mil.sites.crmforce.mil/dpaaProfile?id=a0Jt00000004pUUEAY.