alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 86-495. No. 86-624. No. 86-625.

#### K mart Corp. *v.*Cartier, Inc., et al.; 47th Street Photo, Inc. *v.*Coalition to Preserve the Integrity of American Trademarks et al.; and United States et al. *v.*Coalition to Preserve the Integrity of American Trademarks et al.

C. A. D. C. Cir. [Certiorari granted, 479 U. S. 1005.] Motions of the Solicitor General and petitioners K mart Corp. and 47th Street Photo, Inc., for leave to file supplemental briefs on reargument granted.
Exhibit 34.3

Report of Independent Registered Public Accounting Firm

To the Board of Directors

Pentalpha Surveillance, LLC

We
have examined managements assertion, included in the accompanying Managements Report on Assessment of Compliance with Applicable Servicing Criteria (Managements Assertion), Pentalpha Surveillance, LLC (the Company) complied with
the servicing criteria set forth in item 1122(d) of the Securities and Exchange Commissions (SEC) Regulation AB for services by the Company that are encompassed by contractual obligations to perform Regulation AB reporting (the
Platform),including only those asset-backed securities transactions defined below, as of and for the period from the date the contractual obligation began through December 31, 2011, excluding the following criteria set forth in
items 1122(d)(1)(i-iv), 1122(d)(2)(i-vii), 1122(d)(3)(ii-iv), 1122(d)(4)(i-vi) and 1122(d)(4)(viii-xv), which management has determined are not applicable to the activities performed by the Company with respect to the Platform. Appendix A to
managements assertion identifies the individual asset-backed transactions defined by management as constituting the Platform. Management is responsible for the Companys compliance with the servicing criteria. Our responsibility is to
express an opinion on managements assertion about the Companys compliance with the servicing criteria based on our examination.

Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants, as adopted
by the Public Company Accounting Oversight Board (United States) and, accordingly, included examining, on a test basis, evidence about the Companys activities related to the Platform and other procedures as we considered necessary in the
circumstances. Our procedures were limited to selected servicing activities performed by the Company during the period covered by this report. Further, an examination is not designed to detect noncompliance arising from errors that may have occurred
prior to the period specified above that may have affected the balances or amounts calculated or reported by the Company during the period covered by this report. We believe that our examination provides a reasonable basis for our opinion. Our
examination does not provide a legal determination on the Companys compliance with the servicing criteria or its contractual obligations.

In our opinion, managements assertion that the Company complied with the aforementioned applicable servicing criteria as of and for the period from
the date the contractual obligation began through the year ended December 31, 2011, for the Platform, is fairly stated, in all material respects.



|                             
|-----------------------------
|/s/ McGladrey and Pullen, LLP
|                             
|Irvine, California           
|March 9, 2012
#### Marcus & Franks v. Hemphill & Bro.

(No. 946, Op. Book No. *2,*p. 244.)

ERROR from Falls County.

Opinion by

Watts, J.

§ 1023. *Transcript; assignment of errors.*The transcript in this case is characterized by the court as a heterogeneous mass of matter, exhibiting a studious disregard of *574method, and a singular want of appreciation for the fitness of things. Such a transcript, with an assignment of errors the most general in form, failing to point out any specific error, did not present the case to the court in such shape that the errors in the judgment of the court below, if there were any, could be considered and determined.

March 23, 1881.

§ 1024. *New trial cannot be granted at subsequent term.*The motion for a new trial was made at a subsequent term of the court, after the judgment was rendered. The discretion of a judge in overruling a motion for new trial, made after the expiration of the time allowed by law, will not ordinarily be revised by the appellate courts. It is well settled that the court below could not have granted the new tidal, on the mere motion of plaintiff in error, after the term at which the judgment was rendered. The judgment could then only have been vacated or set aside by a direct proceeding in the nature of a bill of review. [Gross v. McClaren, *17*Tex. 107; Caperton v. Wanslow, 18 Tex. 125.]

Affirmed
#### Alexander M. Taylor, respondent, *v.*Public Service Corporation of New Jersey, appellant.

[Argued December 2d, 1910.

Decided March 6th, 1911.]

On appeal from a decree of the court of chancery advised by Vice-Chancellor Garrison, whose opinion is reported in *75 N. J. Eq. (5 Buch.) 371.*

*Mr. George P.*Rust, for the respondent.

*Mr. L. D. Howard Gilmour,*for the appellant.

Per Curiam.

The decree appealed from is affirmed for the reasons stated in the opinion of Vice-Chancellor Garrison.

*For affirmance*— The Chiee-Justice, Garrison, Swayze, Eeed, Trenchard, Parker, Bergen, Voorhees, Minturn, Bogert, Vredenburgh, Vroom, Oongdon — 13.

*For reversal*— None.
News United States Air Force
 DoD releases actions to transform climate, enhance prevention of harmful behaviors at military service academiesPublished Aug. 17, 2023
                        
                        
                        Defense News
                **WASHINGTON (AFNS) --**
                **Secretary of Defense Lloyd Austin** directed multiple actions to transform climate and enhance prevention of harmful behaviors at the military service academies, Aug. 17.In a **memorandum to Department of Defense senior leaders**, Austin noted that while the MSAs are dominant in many domains, they have far more work to do to halt sexual assault and harassment. The actions, which accompany the release of the **2023 Military Service Academy On-Site Installation Evaluation Report**, identify the additional measures the DoD will take to comprehensively improve prevention efforts, inform future policy development, and better support existing efforts based on the recommendations of the Independent Review Commission on Sexual Assault in the Military.Austin has made preventing sexual assault and harassment a priority since the first days of his tenure and he has continued to follow-through on that commitment. On March 10, in response to survey data, Austin directed the under secretary of Defense for Personnel and Readiness to immediately conduct On-Site Installation Evaluations at the MSAs to assess their climates and make specific recommendations concerning policies, practices, and resources to prevent self-directed harm and prohibited abusive or harmful acts.The department continues a collaborative and research-informed approach to prevention. During the evaluation of command climate at the MSAs, site visit teams collected data through interviews, focus groups and surveys to produce preliminary findings. These findings were discussed with the leaders of the MSAs and their respective military departments during the evaluation process and, in some cases, implementation of recommended actions is already underway.To transform the climate at the MSAs, Austin has directed department leaders to take transformational action to swiftly adapt the approach to prevent sexual assault, sexual harassment and other harmful behaviors. Progress on these issues will take time and require constant vigilance and committed leadership to implement the lasting change needed to ensure the safety of cadets and midshipmen at the academies.More information about DoD efforts to prevent harmful behaviors can be found **here**.LR 



USAF 



AF 



Air Force 



military service academies 



MSA 



climate 



prevention 



DOD 



SecDEF 



defense secretary 



LLoyd Austin 



Military Service Academy On-Site Installation Evaluation Report 



sexual assault 



sexual harassment 



One Team One Fight 



harmful behaviors 



enhance prevention Related Links
        Memo: Department Actions to Transform the Climate and Help Prevent Harmful Behaviors at the U.S. Military Service Academies
            
            2023 Military Service Academies On-Site Installation Evaluation Report
##### 



Exhibit 32

Certification of the Chief Executive Officer and Chief Financial Officer
Pursuant to 18 U.S.C. Section 1350
As adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

Solely for the purposes of complying with 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I, the undersigned
President of Ironton Iron, Inc. (the Company) and Vice President of Finance
and Chief Financial Officer of INTERMET Corporation, which is the owner of all
of the issued and outstanding common stock of the Company, hereby certify,
based on my knowledge, that the Quarterly Report on Form 10-Q of the Company
for the quarter ended September 30, 2003 (the Report) fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and that information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.

/s/ Robert E. Belts
Robert E. Belts
November 13, 2003

14
<Page>

INDEPENDENT AUDITORS' CONSENT

We consent to the use in this Post-Effective Amendment No. 11 to Registration
Statement No. 333-40410 of Hartford Life and Annuity Insurance Company
Separate Account Seven on Form N-4, of our report dated March 26, 2003 of
Hartford Life and Annuity Insurance Company relating to the statutory
financial statements as of and for the year ended December 31, 2002 and of
our report dated February 21, 2003 of Hartford Life and Annuity Insurance
Company Separate Account Seven relating to the financial statements as of and
for the year ended December 31, 2002, appearing in the Statement of
Additional Information, which is a part of such Registration Statement, and
to the reference to us under the headings "Experts" in such Statement of
Additional Information.

Deloitte & Touche LLP
Hartford, Connecticut
December 4, 2003
#### LILA KAPLAN v. ELBERT A. KAPLAN.

Nov. 20, 1979.

Cross-Petition for certification denied.
Exhibit 10.5


                                 August 20, 2004

Board of Directors of
China Cable and Communication, Inc.
No. 22 Bei Xin Cun Hou Street, Xiang Shan
Haidian District
Beijing 100093
The People's Republic of China

         Re:      Agreement regarding Gryphon litigation

Dear Sirs:

     This letter agreement will confirm our understanding regarding China Cable
and Communication, Inc.'s (the "Company's) litigation with Gryphon Master Fund,
L.P. ("Gryphon"). Gryphon has initiated a lawsuit against the Company in
connection with Gryphon's investment in the Company's 8% Redeemable Convertible
Preferred Stock (the "Preferred Stock"), alleging that the Company's mandatory
redemption obligation has been triggered and that the Company has breached its
contract with Gryphon by failing to redeem the Preferred Stock.

     Given the Company's relatively limited liquid resources, and given that I
have an interest in protecting the Company's ability to conduct its business by
virtue of my position as a director, officer, and largest beneficial owner of
the Company's capital stock, I, in my individual capacity, agree to pay for and
guarantee any obligation of the Company that may result from its litigation with
Gryphon, including but not limited to, obligations arising out of a settlement
or a judgment.

     Should I be obligated to make any payments to Gryphon or others pursuant to
this letter agreement, I will receive shares of the Company's common stock, at a
price per share that is reasonable and mutually acceptable to the parties.

     Please sign the letter below where indicated and return to me to evidence
your acceptance of the terms of this letter agreement.


                                            Very Truly Yours,


                                            /s/ Hong-Tao Li
                                            -----------------------------------
                                                Hong-Tao Li

     Agreed and accepted on the 20th day of August, 2004.

                                            CHINA CABLE AND COMMUNICATION, INC.


                                            By: /s/ Yau-Sing Tang
                                            Name:   Yau-Sing Tang
                                            Title:  President and CFO
* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________ No. 95-10269 Conference Calendar

__________________ HIEU DUC TRAN, Plaintiff-Appellant,

versus KATHLEEN HAWK ET AL., Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:94-CV-809-A

- - - - - - - - - - (October 18, 1995) Before POLITZ, Chief Judge, and REAVLEY and SMITH, Circuit Judges.
PER CURIAM: * Federal prisoner Hieu Duc Tran filed a pro se , in forma pauperis (IFP), Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics , 403 U.S. 388 (1971), complaint against various federal prison officials alleging that these officials conspired to violate his Eighth Amendment right to adequate medical care because he was denied a wheelchair. The district court dismissed the complaint as frivolous.No. 95-10269 -2- Following his transfer to the Federal Medical Center, Fort Worth, Tran received extensive medical treatment, and his doctors and physical therapists determined that he did not need a wheelchair. Although Tran disagrees with the medical staff's assessment, his dissatisfaction with his treatment is insufficient to allege a cognizable Bivens claims. See Varnado v. Lynaugh , 920 F.2d 320, 321 (5th Cir. 1991). This appeal is without arguable merit and thus frivolous. Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983). Because the appeal is frivolous, it will be dismissed. 5th Cir. R. 42.2. We caution Tran that any additional frivolous appeals filed by him or on his behalf will invite the imposition of sanctions. To avoid sanctions, Tran is further cautioned to review all pending appeals to ensure that they do not raise arguments that are frivolous because they have been previously decided by this
court. Appeal DISMISSED.
<PAGE>

                                                                    EXHIBIT 99.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with the Quarterly Report of Ramsay Youth Services, Inc.
(the "Company") on Form 10-Q for the period ending March 31, 2003, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Luis E. Lamela, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, that:

         (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 result of operations of the
Company.



                                                 /s/ Luis. E. Lamela
                                                 -------------------------------
                                                 Luis E. Lamela
                                                 Chief Executive Officer
                                                 May 14, 2003
```

[Congressional Record Volume 141, Number 81 (Tuesday, May 16, 1995)]
[Senate]
[Pages S6744-S6745]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

         NORWEST BANK OF COLORADO AND ATLANTIS COMMUNITY, INC.

  Mr. CAMPBELL. Mr. President, I want to say a few words of 
congratulation to the people who work for 
[[Page S6745]] Norwest Bank of Colorado and Atlantis Community, Inc.
  Atlantis Community is the largest home health care agency in 
Colorado, with an outstanding record of service to and advocacy for 
disabled individuals. With Norwest Bank, Atlantis developed a unique 
program to help lower income disabled people achieve an American dream: 
the dream of owning a home.
  Atlantis and Norwest pioneered the Disability Community Homeownership 
Program to help provide home mortgage financing to disabled people. 
This program features 15- to 30-year first mortgage loans with no down 
payment, no closing costs, below market interest rates, and other 
advantages to qualified home buyers. In 1993, Norwest set aside $2.5 
million for loans to the disabled community. Norwest now has over $6 
million in home loans to 100 people with disabilities, who could not 
avail themselves of existing lending programs.
  Atlantis teamed with Norwest to help build awareness of this program 
among the disabled community. In addition, Atlantis offers financial 
counseling and money management services specifically tailored to meet 
the needs of disabled people. The interest in these services was so 
high, Atlantis and Norwest decided to expand it to a consumer loan 
program for buying and modifying vehicles, improving disabled access to 
homes, and other purposes.
  In recognition of these community-oriented efforts, Atlantis and 
Norwest received nominations for the Social Compact Outstanding 
Community Investment Award. Social Compact is a coalition of hundreds 
of leaders from the financial services and community development 
industries, coming together to strengthen American communities through 
neighborhood partnerships.
  I congratulate Atlantis and Norwest for their nominations for this 
award, and I applaud their initiative for turning community concerns 
into concrete results.

                          ____________________
```
Exhibit 34.3





Report of Independent Registered Public Accounting Firm





The Board of Directors


U.S. Bank National Association





We have examined management’sassertion, included in the accompanying Report on Compliance with Applicable Servicing Criteria Pursuant to Item 1122 of Regulation AB under the Securities and Exchange Act of 1934, that U.S. Bank National Association (the Company) complied with the servicing criteria set forth in Item 1122 (d) of the Securities and Exchange Commission’s Regulation AB for the Corporate Trust Asset-Backed Securitiesplatform (the Platform), as defined in management’s assertion, as of March 31, 2011, and for the period fromApril 1, 2010 through March 31, 2011, except forservicing criteria 1122 (d)(1)(i)-(iv), 1122 (d)(2)(i), 1122 (d)(2)(iii), 1122 (d)(2)(v)-(vii), 1122 (d)(3)(i), and 1122 (d)(4)(i)-(xv), which the Company has determined are not applicable to the activities performed by them with respect to the servicing Platform covered by this report. Management is responsible for the Company’s compliance with those servicing criteria. Our responsibility is to express an opinion on management’s assertion about the Company’s compliance with the servicing criteria based on our examination.





Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants, as adopted by the Public Company Accounting Oversight Board (United States) and, accordingly, included examining, on a test basis, evidence about the Company’s compliance with the applicable servicing criteria and performing such other procedures as we considered necessary in the circumstances. Our examination included testing of less than all of the individual asset-backed transactions and securities that comprise the Platform, testing of less than all of the servicing activities related to the Platform, and determining whether the Company processed those selected transactions and performed those selected activities in compliance with the servicing criteria. Furthermore, our procedures were limited to the selected transactions and servicing activities performed by the Company during the period covered by this report. Our procedures were not designed to determine whether errors may have occurred either prior to or subsequent to our tests that may have affected the balances or amounts calculated or reported by the Company during the period covered by this report for the selected transactions or any other transactions. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on the Company’s compliance with the servicing criteria.





In our opinion, management’s assertion that the Company complied with the aforementioned servicing criteria as of March 31, 2011, and for the periodfrom April 1, 2010 through March 31, 2011, for the Corporate Trust Asset-Backed Securities platform is fairly stated, in all material respects.





/s/ Ernst & Young LLP





Minneapolis, Minnesota


May 31, 2011