alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in the
Registration Statement and related Prospectus (Form S-3 No. 333-115372) of eDiets.com, Inc., the Registration Statement (Form S-8 No. 333-90046) pertaining to the eDiets.com, Inc. Stock Option Plan and the Registration Statement (Form S-8
No. 333-122763) pertaining to the eDiets.com, Inc. Equity Incentive Plan of our report dated March 10, 2008, with respect to the consolidated financial statements and schedule of eDiets.com, Inc. included in this Annual Report (Form 10-K)
for the year ended December 31, 2007.



/s/ Ernst & Young LLPCertified Public Accountants


Ft. Lauderdale, Florida

March 10, 2008
<TABLE> <S> <C>
                                              
<ARTICLE>                                          5
<CIK>                                              0000892381
<NAME>                                 F-1000 FUTURES FUND L.P., SERIES IX
                                                    
<S>                                                  <C>
<PERIOD-TYPE>                                      9-MOS
<FISCAL-YEAR-END>                                  DEC-31-1996
<PERIOD-START>                                     JAN-01-1996
<PERIOD-END>                                       SEP-30-1996
<CASH>                                                          2,080,613
<SECURITIES>                                                    6,022,136
<RECEIVABLES>                                                   1,583,412
<ALLOWANCES>                                                            0
<INVENTORY>                                                             0
<CURRENT-ASSETS>                                                9,686,161
<PP&E>                                                                  0
<DEPRECIATION>                                                          0
<TOTAL-ASSETS>                                                  9,686,161
<CURRENT-LIABILITIES>                                           2,107,964
<BONDS>                                                                 0
<PREFERRED-MANDATORY>                                                   0
<PREFERRED>                                                             0
<COMMON>                                                                0
<OTHER-SE>                                                      7,578,197
<TOTAL-LIABILITY-AND-EQUITY>                                    9,686,161
<SALES>                                                                 0
<TOTAL-REVENUES>                                                  (65,161)
<CGS>                                                                   0
<TOTAL-COSTS>                                                           0
<OTHER-EXPENSES>                                                  112,978
<LOSS-PROVISION>                                                        0
<INTEREST-EXPENSE>                                                      0
<INCOME-PRETAX>                                                  (178,139)
<INCOME-TAX>                                                            0
<INCOME-CONTINUING>                                                     0
<DISCONTINUED>                                                          0
<EXTRAORDINARY>                                                         0
<CHANGES>                                                               0
<NET-INCOME>                                                     (178,139)
<EPS-PRIMARY>                                                      (18.21)
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</TABLE>
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

In connection with the Annual Report on Form 10-K of Newtek Business Services, Inc. (the Company), for the period ended December 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the
Report), the undersigned hereby certify, pursuant to 18 U.S.C. Section 1350, 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 results of the operations of the Company.



/s/ BARRY SLOANEBarry Sloane, Chief Executive Officer/s/ SETH A. COHENCohen A. Cohen, Chief Financial Officer


March 31, 2008
<PAGE>


                                                                   Exhibit 10.27


                                  June 28, 2002

Harris Interactive Inc.
135 Corporate Woods
Rochester, New York 14623
Attention: Gordon S. Black, Chief Executive Officer


Ladies and Gentlemen:

         Please reference my letter ("Letter") addressed to Harris Interactive
Inc. and Total Research Corporation dated August 5, 2001, confirmed by Harris
Interactive Inc. and Total Research Corporation, pursuant to which the Amended
and Restated Employment Agreement between me and Total Research Corporation
dated July 3, 2000 was terminated.

         This letter confirms our discussions regarding changes to certain
provisions of the Letter and my agreement to the changes to the Letter set forth
herein.

         The loan maturity date of June 30, 2002 referenced in Section 4 of the
Letter is changed to January 15, 2003.

         The $250,000 payment to me due on December 31, 2002 referenced in
Section 7 of the Letter shall be due instead on January 15, 2003.

         The remaining terms of the Letter shall remain in unchanged and in full
force and effect.

         Please sign a copy of this letter where indicated below to confirm your
agreement with my understanding as set forth herein.



                                           Very truly yours,


                                           /s/ Albert Angrisani
                                           Albert Angrisani



Agreed as of June 28, 2002:

HARRIS INTERACTIVE INC.


By:      /s/ Gordon S. Black
Title:   Chairman and Chief Executive Officer
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-19-00192-CR

RASHUN DEONTA WILLIAMS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 102nd District Court

Red River County, Texas

Trial Court No. CR02883

Before Morriss, C.J., Burgess and Stevens, JJ.
2

O RDER

Our review of the clerk’s record in this case indicates that it contains “sensitive data” as 

that phrase is defined in Rule 9.10 of the Texas Rules of Appellate Procedure. See TEX. R. APP. 

P. 9.10(a). Sensitive data includes “a driver’s license number, passport number, social security 

number, tax identification number or similar government-issued personal identification number.” 

TEX. R. APP. P. 9.10(a)(1). The clerk’s record includes a social security number. Rule 9.10(b) 

states, “Unless a court orders otherwise, an electronic or paper filing with the court, including the 

contents of any appendices, must not contain sensitive data.” TEX. R. APP. P. 9.10(b).

Rule 9.10(g) provides, “A court may also order that a document be filed under seal in paper 

form or electronic form, without redaction.” TEX. R. APP. P. 9.10(g). Therefore, because the 

clerk’s record contains sensitive data, we order the clerk of this Court or her appointee, in 

accordance with Rule 9.10(g), to seal the electronically filed clerk’s record in this case.

IT IS SO ORDERED.

BY THE COURT

Date: January 28, 2020
National Aeronautics and 

Space Administration

John H. Glenn Research Center

Lewis Field

Cleveland, OH 44135-3191

Reply to Attn of:

July 14, 2021 

G 

TO: Distribution

FROM: G/Deputy Designated Agency Ethics Official, Chief Counsel 

SUBJECT: Determination Regarding Attendance by NASA Employees at the Ohio Aerospace 

Institute’s (OAI) “An Evening with the Stars: Celebrating 80 Years of Pushing 

Boundaries and Breaking Barriers” 

The OAI, a nonprofit organization under 501(c)(3) of the Internal Revenue Code, will host “An 

Evening with the Stars: Celebrating 80 Years of Pushing Boundaries and Breaking Barriers” at 

the Rocket Mortgage FieldHouse in Cleveland, Ohio on August 31, 2021, from 6:30 p.m. to 

10:30 p.m. This event will focus on increasing awareness of NASA Glenn Research Center

(GRC)’s unique contributions to research and technology with high priority and relevant to the

nation and the state, via presentations by GRC personnel, Daniel Dietrich, Othmane Benafan,

and Raymond Castner. The agenda will also include opening remarks from Dr. Marla PérezDavis, and tentatively a NASA Headquarters representative.

The OAI will be inviting approximately 200 people to this event and will be covering its 

estimated cost of $65 per person, which includes appetizers, coffee and light desserts, along with 

a cash bar. Attendees will hear a diversity of views or interests from business leaders,

Congressional leaders, academia, NASA personnel, and employees of federal agencies. I have 

determined that there is an Agency interest in having NASA personnel attend the event because 

it will provide an opportunity for the invited persons to exchange ideas and views pertaining to 

NASA’s programs and operations. I find that the event meets the requirements of a “widely

attended gathering” as defined by 5 C.F.R. 2635.204(g)(2). 

The NASA employees, including those employees in non-career positions who are required to 

sign the ethics pledge under Executive Order 13989, who do not have a significant role in a 

matter affecting the interests of the sponsor, may accept the invitation for free attendance to the

event for themselves and a guest. In those circumstances, I find that the Agency’s interest in

attendance outweighs any concerns that the individual may be, or may appear to be, improperly 

influenced in the performance of his or her duties. 

However, NASA employees who have a significant role in any pending matter affecting the 

interests of OAI, such as procurement duties, program management, negotiating or administering 

a Space Act Agreement, etc., should seek a separate determination from their local ethics 
2

counselor as to whether they may accept the invitation. Attendees are reminded to exercise any 

COVID-19 precautions appropriate to their individual situation.

Callista M. Puchmeyer
#### Fellows and Another *v.*Kress.

Tuesday, *January*23, 1844.

Assumpsit. The issues were whether a note, pleaded as a set-off, had been discharged by an accord and satisfaction, or in any other manner. The Court instructed the jury that if the note was, for value, surrendered to the plaintiff with a promise by him to account for the proceeds of it, the promise to account was the only proper subject of set-off in the cause. *Held,*that the instruction was erroneous.

ERROR to the *Lawrence*Circuit Court.

Dewey, J.

— Assumpsit by *Kress*against *W.*and *C. Fellows.*Verdict and judgment for the plaintiff.

One of the pleas filed by the defendants was a statutory *60plea of payment, containing several matters of set-off; one of the items of set-off was a promissory note made by the plaintiff to the defendants for 8,618 dollars and 89 cents. The plaintiff replied to this item, alleging an accord and satisfaction of the note by the sale and delivery, by the plaintiff to the defendants, of certain boat-loads of pork and bacon, &c. The defendants rejoined denying the accord and satisfaction; upon which there was issue. The plaintiff also replied to the whole matter of set-off non assumpsit, upon which there was issue. The Court instructed the jury: u If the note for 8,618 dollars and 89 cents was, for a valuable consideration, surrendered up to Kress, with a promise from him, that he would account for the proceeds of it, the promise to account was the only proper subject of set-off in this cause.” The defendants excepted.

*R.*Crawford, *J. W.*Payne, and *G. G.*Dunn, for the plaintiffs.

*J. G. Marshall*and *R. W.*Thompson, for the defendant.

We think this instruction cannot be sustained. The issues . were whether the note had been discharged by accord and satisfaction, or in any other manner. If the proof sustained either of the issues on the part of the plaintiff, the note was not a valid set-off, otherwise it was. This was a matter for the consideration of the jury under all the circumstances of the case. But they-were told by the Court, that if the note was surrendered to the plaintiff for a valuable consideration, he promising to account for it, the note was not an available set-off. This was saying, that transactions between the parties, which the jury might, or might not, consider as establishing an accord and satisfaction or other discharge of the note, would defeat the set-off. If, indeed, the note had been satisfied, paid, or discharged, and a new, distinct, and valid promise was made by the plaintiff, such promise, and not the note, should have been pleaded as a set-off. But whether the surrender of the note and the other circumstances attending it were a satisfaction, payment, or discharge, should have been left to the jury.

*Per*Curiam.

— The judgment is reversed with costs. Cause remanded, &c.
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

 

)

ANTHONY JERDINE, et al., )

)

Plaintiffs, )

)

v. ) Civil Action No. 09-01840 (PLF)

)

FEDERAL DEPOSIT INSURANCE )

CORPORATION, et al., )

)

Defendants. )

 )

DISMISSAL ORDER

For the reasons stated in the accompanying Opinion, it is hereby

ORDERED that defendants’ motions to dismiss [Dkt. # 16, 21] are GRANTED; 

it is

FURTHER ORDERED that plaintiff’s motions for summary judgment [Dkt. #23]

and to issue a certificate of pendency [Dkt. # 33] are DENIED; it is

FURTHER ORDERED that defendant FDIC’s motion to strike [Dkt. #29] is

GRANTED, and that plaintiff’s Notice [Dkt. #28] is STRICKEN; and it is

FURTHER ORDERED that this civil action is DISMISSED WITH PREJUDICE.

This is a final appealable Order. See Fed. R. App. P. 4(a).

SO ORDERED.

/s/_______________________

PAUL L. FRIEDMAN

United States District Judge

DATE: August 13, 2010
EXHIBIT
23.1





CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM










Board of
Directors


Telkonet,
Inc.


Germantown,
MD








We
consent to incorporation by reference in the Registration Statements
(Registration No. 333-142986, 333-148731, 333-114425, 333-129950,
333-137703, 333-141069, 333-138001, 333-152051) on Form S-3 of Telkonet, Inc.
and its subsidiaries of our reports dated April 1, 2009, with respect to
the consolidated balance sheets of Telkonet, Inc. and its subsidiaries as
of December 31, 2008 and 2007, and the related consolidated statements of
losses, stockholders' equity, and cash flows for the two years ended December
31, 2008, which reports appear in the December 31, 2008 annual report on Form
10-K of Telkonet, Inc. and its subsidiaries.








/s/ RBSM LLPRBSM
      LLPCertified
      Public Accountants








New York,
New York


April 1,
2009
<PAGE>   1
                                                                    EXHIBIT 23.1



                         CONSENT OF INDEPENDENT ACCOUNTANTS



We hereby consent to the incorporation by reference in the Registration
Statement on Form S-8 (No. 333-91339) of Retek Inc., of our report dated January
25, 2000, on our audits of the consolidated financial statements and financial
statement schedule of Retek Inc. and subsidiaries as of December 31, 1999 and
1998, and for each of the three years in the period ended December 31, 1999,
which report is included in this Annual Report on Form 10-K.






                                               /s/  PricewaterhouseCoopers LLP


Minneapolis, Minnesota
March 14, 2000
FILED

United States Court of Appeals

Tenth Circuit

July 30, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

AG EQUIPMENT COMPANY, 

Plaintiff-Counter-Defendant - 

 Appellant/Cross-Appellee,

and

EDWARD T. KURTZ, in his capacity as

trustee of the Suzanne Ash Kurtz

Revocable Trust,

Plaintiff,

v.

AIG LIFE INSURANCE COMPANY,

INC., 

Defendant-Counter-Claimant - 

 Appellee/Cross-Appellant,

and

MARK HEIDENREITER,

Defendant. 

__________________________

AG EQUIPMENT COMPANY, 

Plaintiff-Counter-Defendant -

Appellant,

Nos. 09-5038 & 09-5044

(D.C. No. 4:07-CV-00556-CVE-PJC)

Appellate Case: 09-5118 Document: 01018468567 Date Filed: 07/30/2010 Page: 1 
2

v.

AIG LIFE INSURANCE COMPANY, 

Defendant-Counter-Claimant -

Appellee. 

No. 09-5118

ORDER

Before TACHA, EBEL, and HARTZ, Circuit Judges.

These matters are before the court upon our careful review of the jurisdictional

issues presented. In short, we conclude the failure to set a specific amount in

prejudgment interest renders the underlying judgments non-final. That lack of finality, in

turn, is fatal to the continuation of these appeals as we lack jurisdiction. See Garcia v.

Burlington Northern R. Co., 818 F.3d 713, 721 (10 Cir. 1987)(noting prejudgment th

interest “must be a part of the primary damage relief” and “is not a collateral issue”). We

note in this regard there is no indication the failure to fix an amount certain was a purely

clerical error. See Pratt v. Petroleum Prod. Mgt. Inc., 920 F.3d 651, 656 (10 Cir. 1990). th

The district court is in the best position to address this prejudgment interest issue,

and may do so on the record currently available. In addition, we note that because no

final judgment has entered, the time for the parties to file motions under Fed. R. Civ. P.

Appellate Case: 09-5118 Document: 01018468567 Date Filed: 07/30/2010 Page: 2 
3

59(e) has not technically begun. 

The calendar notice setting these cases for oral argument on September 20, 2010 is

vacated. We order these appeals dismissed for lack of appellate jurisdiction. 

Entered for the Court,

ELISABETH A. SHUMAKER

Clerk of Court

Appellate Case: 09-5118 Document: 01018468567 Date Filed: 07/30/2010 Page: 3
#### WALTER WOLF v. GENERAL MOTORS CORPORATION.

May 2, 1978.

Petition for certification granted.
II 

108TH CONGRESS 

2D SESSION S. 2048

To amend the Internal Revenue Code of 1986 to make permanent the deduction for qualified tuition and related expenses and to repeal the sunset 

of the Economic Growth and Tax Relief Reconciliation Act of 2001 

with respect to such deduction. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 3, 2004

Mr. GRASSLEY introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL

To amend the Internal Revenue Code of 1986 to make 

permanent the deduction for qualified tuition and related 

expenses and to repeal the sunset of the Economic 

Growth and Tax Relief Reconciliation Act of 2001 with 

respect to such deduction.

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

3 SECTION 1. PERMANENT DEDUCTION FOR QUALIFIED TUI4 TION AND RELATED EXPENSES. 

5 (a) PERMANENT DEDUCTION.—

6 (1) IN GENERAL.—Section 222 of the Internal 

7 Revenue Code of 1986 (relating to qualified tuition 
2

•S 2048 IS 

1 and related expenses) is amended by striking sub2 section (e). 

3 (2) CONFORMING AMENDMENT.—Subparagraph 

4 (B) of section 222(b)(2) of such Code (relating to 

5 applicable dollar limit) is amended by striking ‘‘2004 

6 AND 2005.—In the case of a taxable year beginning 

7 in 2004 or 2005,’’ and inserting ‘‘2004 AND THERE8 AFTER.—In the case of any taxable year beginning 

9 after 2003,’’. 

10 (b) REPEAL OF SUSPENSION.—Section 901 of the 

11 Economic Growth and Tax Relief Reconciliation Act of 

12 2001 is amended by adding at the end the following new 

13 subsection: 

14 ‘‘(c) EXCEPTION.—Subsection (a) shall not apply to 

15 the amendments made by section 431 (relating to qualified 

16 tuition and related expenses).’’. 

17 (c) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply to taxable years beginning after 

19 December 31, 2003.

Æ
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AND CONSOLIDATED STATEMENT OF INCOME FILED AS PART
OF THE ANNUAL REPORT ON 10-K AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-START>                             OCT-01-1997
<PERIOD-END>                               JUN-30-1998
<CASH>                                          19,392
<SECURITIES>                                         0
<RECEIVABLES>                                   46,603
<ALLOWANCES>                                       926
<INVENTORY>                                    100,260
<CURRENT-ASSETS>                               176,683
<PP&E>                                         133,052
<DEPRECIATION>                                  67,233
<TOTAL-ASSETS>                                 244,846
<CURRENT-LIABILITIES>                           52,740
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           857
<OTHER-SE>                                     166,130
<TOTAL-LIABILITY-AND-EQUITY>                   244,846
<SALES>                                        287,346
<TOTAL-REVENUES>                               287,346
<CGS>                                          198,403
<TOTAL-COSTS>                                   81,307
<OTHER-EXPENSES>                                 (739)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,625
<INCOME-PRETAX>                                  5,750
<INCOME-TAX>                                     2,215
<INCOME-CONTINUING>                              3,535
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,535
<EPS-PRIMARY>                                      .41<F1>
<EPS-DILUTED>                                      .41<F1>
<FN>
<F1>THE EARNINGS PER SHARE INFORMATION HAS BEEN PREPARED IN ACCORDANCE WITH SFAS
NO. 128, AND BASIC AND DILUTED EARNINGS PER SHARE HAVE BEEN ENTERED IN PLACE OF
PRIMARY AND FULLY DILUTED, RESPECTIVELY.
</FN>
        

</TABLE>