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<PAGE>
                                                                    EXHIBIT 10.8

                              E*TRADE GROUP, INC.

                   AMENDMENT TO NOTE SECURED BY DEED OF TRUST


The Note Secured by Deed of Trust dated March 17, 2000 between E*TRADE Group,
Inc. and Theodore J. Theophilos (the "Note") is hereby amended, effective
___________ as follows:

1.  Section 6 (g ) is hereby amended in its entirety to read as follows:

g.  the expiration of the two (2)-month period following the date the Maker
ceases for any reason to remain in the Corporation's employ, provided, however
that if Maker ceases to remain in the Corporation's employ due to an Involuntary
Termination, such acceleration shall occur one (1) year following the
Involuntary Termination;

2.  For purposes of the Note an "Involuntary Termination" shall mean the
termination of Maker's Service by reason of: (i) the Maker's involuntary
dismissal or discharge by the Company for reasons other than for Misconduct, or
(ii) the Maker's voluntary resignation following (A) a change in Maker's
position with the Company (or Parent or Subsidiary employing Maker)which
materially reduces Maker's duties and responsibilities, (B) a reduction in
Maker's level of compensation (including base salary, fringe benefits and target
bonuses under any corporate-performance based incentive programs) by more than
fifteen percent (15%) or (C) a relocation of Maker's place of employment by more
than fifty (50) miles, provided and only if such change, reduction or relocation
is effected by the Company without Maker's consent.  Misconduct shall mean the
commission of any act of fraud, embezzlement or dishonesty by the Maker, any
unauthorized use or disclosure by such person of confidential information or
trade secrets of the Company or any other intentional misconduct by such person
adversely affecting the business or affairs of the Company in a material manner.

3.  Except as modified by this Amendment, all the terms and provisions of the
Note as in effect on the date hereof shall continue in full force and effect.



     E*TRADE GROUP, INC.

     by: /s/ Christos M. Cotsakos
         --------------------------

     title: Chairman of the Board and Chief Executive Officer
            -------------------------------------------------


     /s/ Theodore J. Theophilos
     ------------------------------
     THEODORE J. THEOPHILOS
##### 



(SYBASE LOGO) EXHIBIT 10.3 February 9, 2004 Pieter Van der Vorst
SVP & Chief Financial Officer
Sybase, Inc.
One Sybase Drive
Dublin, CA 94568
(Delivered by hand) Dear Pieter: The year 2004 marks our
20th anniversary and is a critical year for Sybase
growth. We have enjoyed several years of profitability, are cash flow
positive, and in the last six months, expanded our partner base to include
venerable companies like Intel and SAP. The Unwired Enterprise is our driving
strategy for 2004  it is a pivotal part of extending growth in the IT
marketplace. We have exciting new products rolling out from every part of the
company, and the new Unwired Enterprise solution will define the mobile
enterprise category for the industry. We will need everyones help to ensure
that we make the most of our technology leadership and that we continue to
demonstrate a high level of unique value to customers and partners in all of
our programs. Thank you for your contributions last year and ask that all of us keep sight of
the challenges ahead. More than ever, we need to remain focused and dedicated
to delivering growth and shareholder value required for Sybase to remain strong
and competitive. The board has approved our incentive bonus payout and your
bonus payout will be included in your February 15, 2004 paycheck. Let me also inform you of your 2004 Executive Compensation as approved by the
Sybase, Inc. Compensation Committee at the February 4, 2004 meeting.  1.
    
    Cash compensation (effective January 1, 2004)  
    
    Annual base salary: $337,800
(Paid semi-monthly at $14,075)
    
    Incentive bonus target: 73% ($247,500)
    
    Total target earnings (TTE): $584,800  Your incentive bonus target will be based on Sybase, inc. overall
company performance as follows:  
    
    50% on Sybase revenue of $817M
    
    50% on Sybase profit before taxes (PBT) of $169.5 Sybase, Inc.
One Sybase Drive
Dublin, CA 94568




---



##### 



Pieter Van der Vorst
February 9, 2004
Page 2  Payment of annual incentive bonus will be based on
following:  a)
    
    Sybase revenue:  
    
    70% at 95% of target performance
    
    100% at 100%
    
    3 for 1 after 100% (e.g. 130% at 110%)
    
    no cap  b)
    
    Sybase PBT  
    
    70% at 70% of target performance
    
    100% at 100%
    
    3 for 1 after 100% (e.g. 130% at 110%)
    
    no cap  2.
    
    Long-Term Incentives  (a)
    
    Sybase Stock Option Grant (4-year vest):  
    
    50,000 shares  (b)
    
    Sybase Restricted Stock Grant (3-year cliff vest
with performance acceleration, i.e. from 3-year cliff vest to
2-year cliff vest if Sybase meets its 2004 budgeted revenue):  
    
    10,000 shares at $0.10 per share. I look forward to your contributions this year as we continue our pursuit of
maintaining integrity and credibility with our investors, customers, partners,
and employees. Sincerely, /S/ JOHN S. CHEN John S. Chen
Chairman, CEO and President cc:
    
    HR Fileedl
#### In the Matter of UTILITIES POWER & LIGHT CORPORATION, Debtor. UTILITIES POWER & LIGHT CORPORATION et al. v. ASSOCIATED INVESTING CORPORATION et al. In the Matter of UTILITIES POWER & LIGHT CORPORATION, Debtor. ASSOCIATED INVESTING CORPORATION v. UTILITIES POWER & LIGHT CORPORATION et al. In the Matter of UTILITIES POWER & LIGHT CORPORATION, Debtor. ATLAS CORPORATION v. UTILITIES POWER & LIGHT CORPORATION et al. In the Matter of UTILITIES POWER & LIGHT CORPORATION, Debtor. ASSOCIATED INVESTING CORPORATION v. UTILITIES POWER *&*LIGHT CORPORATION et al. In the Matter of UTILITIES POWER & LIGHT CORPORATION, Debtor. UTILITIES POWER & LIGHT CORPORATION et al. v. ASSOCIATED INVESTING CORPORATION et al.

Nos. 6377, 6378, 6404-6406.

Circuit Court of Appeals, Seventh Circuit.

Oct. 28, 1937.

*1021Edwin L. Weisl, of New York City,’ Charles LeRoy Brown, Jacob Logan Fox,' Nathan S. Blumberg, Willard L. King, Edward R. Johnston, Anan Raymond, Dwight H. Green, Walter Brewer, Edward J. Farrell, Weymouth Kirkland, and Robert N. Golding, all of Chicago, 111., C. K. Welsh, of Rockford, 111., and Don Kenneth Jones and Meyer Abrams, both of Chicago, 111. for Utilities Power.

Clarence H. Ross, of Chicago, 111., for Atlas Corporation and Associated Investing.

Before SPARKS, Circuit Judge.

PER CURIAM.

The District Court, of the United States for the Northern District of Illinois, Eastern Division, having requested that this cause be remanded to the said District Court, and by consent and request of all parties concerned, it is ordered, adjudged, and decreed by this court that this cause be, and the same is hereby, remanded to the District Court of the United States for the Northern District of Illinois, Eastern Division.

This order was entered in each of the five above-entitled causes.
#### Ruth ADAMS et al., Respondents, Cosetta Wallace et al., Appellants, v. AMERICAN PAVING AND CONSTRUCTION COMPANY and Glens Falls Insurance Company, Employer-Insurer.

No. KCD26063.

Missouri Court of Appeals, Kansas City District.

Dec. 4, 1972.

*284Henry L. Graf, Kansas City, for appellants.

Henry A. Panethiere, Kansas City, for respondents.

PER CURIAM.

This appeal from the judgment of the Circuit Court affirming the final award of the Industrial Commission in favor of Ruth Adams, et al. is dismissed for failure to comply with Supreme Court Rule 81.14 (a) under authority of Supreme Court Rule 84.08.

As originally filed in the Supiw-.o Court and as transferred here by order, only a five-page transcript containing the formal order of the circuit court has been submitted by appellants as the transcript on appeal. The transcript of the evidence before the referee and subsequently before the Industrial Commission has never been filed in this court, and the time for such filing has long since passed. The statute, V.A.M.S. 287.490(2), directs that the transcript on appeal shall consist of “ . the original transcript prepared and filed in the circuit court by the commission, together with a transcript of the proceedings had in the circuit court, ...” and the filing of such a transcript is essential. Parker v. Petraglio, 228 Mo.App. 74, 67 S.W.2d 101 (Mo.App.1934).

The briefs of the parties have been examined to determine if the dismissal of this appeal would cause any injustice.

Appellants’ first claim is that there was sufficient credible evidence in the record to support a finding of fact contrary to that reached by the commission. This point merely raises questions concerning the credibility of witnesses and the weight of the evidence which is never reviewable by the appellate court. Welborn v. Southern Equipment Co., 395 S.W.2d 119 (Mo.Sup.1965) En Banc. Dupree v. Yorkshire Cleaners, Inc., 454 S.W.2d 607 (Mo.App.1970). Whether a different finding could have been made on the same evidence is immaterial because the court cannot substitute its opinion for the supported findings of the commission. Brown v. Missouri Lumber Transports, Inc., 456 S.W.2d 306 (Mo.Sup.1970). Dickhaut v. Bilyeu Refrigerated Transport Corp., 441 S.W.2d 54 (Mo.Sup.1969).

Secondly, the appellants claim that the findings of the commission are unsupported *285by sufficient evidence. From the uncontro-verted statement of facts in the briefs, it is apparent that the findings are based on competent and substantial evidence. Therefore, it would be the duty of a reviewing court to affirm the commission. Davies v. Carter Carburetor, Division ACF Industries, Inc., 429 S.W.2d 738 (Mo.Sup.1968). Johnson v. Park N Shop, 446 S.W.2d 182 (Mo.App.1969).

The appeal is dismissed.
#### Robert Louis BABERS, Appellant, v. The STATE of Texas, Appellee.

No. 45283.

Court of Criminal Appeals of Texas.

Nov. 15, 1972.

Tom Crum, Waxahachie, for appellant.

Ward P. Casey, County Atty., Waxa-hachie, Jim D. Vollers, State’s Atty., and Robert A. Huttash, Asst. State’s Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for the offense of rape. Appellant was tried before a jury and punishment was assessed at 150 years.

Initially, we note that the record was approved by the trial court on September 9, 1971, and appellant’s brief was not filed until January 12, 1972. Therefore, appellant did not comply with Article 40.09, Section 9, Vernon’s Ann.C.C.P., which states that the appellant’s brief must be filed with the clerk of the trial court within thirty days after approval of the record by the court, or within such additional period as the court, in its discretion, may authorize. Payne v. State, 487 S.W.2d 339 (Tex.Cr. App.1972); Crathers v. State, 487 S.W.2d 338 (Tex.Cr.App.1972) ; Stembridge v. State, 477 S.W.2d 615 (Tex.Cr.App.1972). The record reflects no requests for additional time to file a brief, beyond the statutory thirty day period. We further note that appellant is indigent.

Having concluded that the appellant’s brief was not timely filed, the vague and overly-broad constitutional contentions set out therein will not be considered. However, the record has been reviewed to determine if there are any errors which, in the interest of justice, should be reviewed. Article 40.09, Section 13, V.A.C.C.P. There are none.

The prosecutrix positively identified appellant as the man who forcibly raped her. We perceive no error.

The judgment is affirmed.
CHIEF JUSTICE

 ROGELIO VALDEZ

JUSTICES

 NELDA V. RODRIGUEZ

 DORI CONTRERAS GARZA

 GINA M. BENAVIDES

 GREGORY T. PERKES

 NORA L. LONGORIA

CLERK

 DORIAN E. RAMIREZ

NUECES COUNTY COURTHOUSE

901 LEOPARD, 10TH FLOOR

CORPUS CHRISTI, TEXAS 78401

361-888-0416 (TEL)

361-888-0794 (FAX)

HIDALGO COUNTY

ADMINISTRATION BLDG.

100 E. CANO, 5TH FLOOR

EDINBURG, TEXAS 78539

956-318-2405 (TEL)

956-318-2403 (FAX)

www.txcourts.gov/13thcoa

Court of Appeals 

Thirteenth District of Texas 

January 29, 2015

Hon. Sharon Mathis

District Clerk

115 W. Main St. - Room 203

Edna, TX 77957

* DELIVERED VIA E-MAIL *

Re: Cause No. 13-13-00243-CR

Tr.Ct.No. 12-5-8791

Style: ROBERT LEE GONZALES v. THE STATE OF TEXAS

The judgment of the trial court was AFFIRMED by this Court on the 7th day of August, 

2014. The mandate is enclosed.

Tex R. App. P. 51.2(a)(1) provides that the clerk of the trial court shall send an 

acknowledgment to the clerk of the appellate court of the receipt of the mandate. Please review 

the requirements of Tex. R. App. P. 51.2(b) regarding the issuance of a capias in cases in which 

the trial court’s judgment is affirmed and the defendant is not in custody.

Please sign the attached acknowledgment of receipt of the mandate and submit through 

the TAMES Records Submission Portal (RSP) as soon as possible.

Very truly yours,

Dorian E. Ramirez, Clerk

DER:ch

Enc.

cc: Hon. Jim Vollers (DELIVERED VIA E-MAIL)

Hon. Robert E. Bell (DELIVERED VIA E-MAIL)

Hon. W. A. 'Bill' White (DELIVERED VIA E-MAIL)

I hereby acknowledge receipt of the mandate in cause no. 13-13-00243-CR this 

________ day of _________________, 2015.

District/County Clerk, 

By :____________________________
II 

Calendar No. 311 

113TH CONGRESS 

2D SESSION S. 2066 

To amend title 18, United States Code, to prohibit the intentional discrimination of a person or organization by an employee of the Internal Revenue 

Service. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 27, 2014 

Mr. CRUZ (for himself and Mr. GRASSLEY) introduced the following bill; which 

was read the first time 

MARCH 3, 2014 

Read the second time and placed on the calendar 

A BILL 

To amend title 18, United States Code, to prohibit the intentional discrimination of a person or organization by an 

employee of the Internal Revenue Service. 

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

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•S 2066 PCS

1 SECTION 1. INTENTIONAL DISCRIMINATION BY EMPLOYEE 

2 OF THE INTERNAL REVENUE SERVICE. 

3 (a) IN GENERAL.—Chapter 93 of title 18, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 1925. Intentional discrimination by employee of 

7 the Internal Revenue Service 

8 ‘‘(a) OFFENSE.—It shall be unlawful for any officer 

9 or employee of the Internal Revenue Service to, regardless 

10 of whether the officer or employee is acting under color 

11 of law, willfully act with the intent to injure, oppress, 

12 threaten, intimidate, or single out and subject to undue 

13 scrutiny for purposes of harassment any person or organi14 zation in any State— 

15 ‘‘(1) based solely or primarily on the political, 

16 economic, or social positions held or expressed by 

17 the person or organization; or 

18 ‘‘(2) because the person or organization has ex19 pressed a particular political, economic, or social po20 sition using any words or writing allowed by law. 

21 ‘‘(b) PENALTY.—Any person who violates subsection 

22 (a) shall be fined under this title, imprisoned not more 

23 than 10 years, or both. 

24 ‘‘(c) DEFINITION.—In this section, the term ‘State’ 

25 means a State of the United States, the District of Colummstockstill on DSK4VPTVN1PROD with BILLS

3 

•S 2066 PCS

1 bia, and any commonwealth, territory, or possession of the 

2 United States.’’. 

3 (b) TABLE OF SECTIONS.—The table of sections for 

4 chapter 93 of title 18, United States Code, is amended 

5 by inserting after the item relating to section 1924 the 

6 following: 

‘‘1924. Intentional discrimination by employee of the Internal Revenue Service.’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

Calendar No. 311 

113TH CONGRESS 

2D SESSION S. 2066 

A BILL 

To amend title 18, United States Code, to prohibit 

enue Service. ganization by an employee of the Internal Revthe intentional discrimination of a person or orMARCH 3, 2014 

Read the second time and placed on the calendar 

mstockstill on DSK4VPTVN1PROD with BILLS
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

728.1 

TP 12-01781 

PRESENT: SMITH, J.P., FAHEY, CARNI, VALENTINO, AND WHALEN, JJ. 

 

IN THE MATTER OF JENNIFER BIANCHINE, PETITIONER, 

V ORDER

NEW YORK STATE OFFICE OF CHILDREN AND FAMILY 

SERVICES, NEW YORK STATE CENTRAL REGISTER OF 

CHILD ABUSE AND MALTREATMENT AND ERIE COUNTY 

DEPARTMENT OF SOCIAL SERVICES, RESPONDENTS. 

TIMOTHY M. O’MARA, WILLIAMSVILLE, AND MICHAEL J. FLAHERTY, BUFFALO,

FOR PETITIONER. 

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (ALLYSON B. LEVINE OF

COUNSEL), FOR RESPONDENTS NEW YORK STATE OFFICE OF CHILDREN AND FAMILY 

SERVICES, AND NEW YORK STATE CENTRAL REGISTER OF CHILD ABUSE AND

MALTREATMENT.

EMIL J. CAPPELLI, BUFFALO, FOR RESPONDENT ERIE COUNTY DEPARTMENT OF

SOCIAL SERVICES.

 

Proceeding pursuant to CPLR article 78 (transferred to the

Appellate Division of the Supreme Court in the Fourth Judicial

Department by order of the Supreme Court, Erie County [Shirley

Troutman, J.], entered September 14, 2012) to review a determination

of respondent New York State Office of Children and Family Services. 

The determination denied petitioner’s application to amend the

indicated report of maltreatment to an unfounded report. 

Now, upon reading and filing the stipulation of discontinuance

signed by petitioner on March 28, 2013, and by the attorneys for the

parties on March 20, 28 and 29, and April 3, 2013,

It is hereby ORDERED that said proceeding is unanimously

dismissed without costs upon stipulation.

Entered: June 7, 2013 Frances E. Cafarell

Clerk of the Court
#### DEPARTMENT OF ECONOMIC SECURITY, Commonwealth of Kentucky, on Behalf of Sandra Kay HENDRICKS, Appellant, v. Robert Lee JONES, Appellee.

Court of Appeals of Kentucky.

May 31, 1974.

Ann T. Hunsaker, Department of Economic Security, David A. Nunery, Department of Human Resources, Frankfort, for appellant.

Denver Adams, Hyden, for appellee.

Memorandum Opinion of the Court by

Justice STEINFELD,

Reversing.*

*

 Opinion ordered to be published.
**EXHIBIT 23.1**

 

INDEPENDENT AUDITORS’ CONSENT 

 

We consent to the incorporation by reference in the Registration Statement on Form S-3 (No. 333-112056) of MTC Technologies, Inc. and theRegistration Statements on Form S-8 (No. 333-111537 and No. 333-104013) of MTC Technologies, Inc. of our report dated February 19, 2003, appearing in this Annual Report on Form 10-K of MTC Technologies, Inc., for the year ended December 31, 2002.

 

/s/    DELOITTE &TOUCHE LLP 

 

Dayton, Ohio 

March 1, 2004