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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-7685

GEORGE W. GANTT,

Plaintiff - Appellant,

versus

ERNEST R. SUTTON; COLBERT L. RESPASS; OFFICER

HERRING, Assistant Unit Manager; MAIL CLERK

HARRIS; MAILROOM OFFICER LIVERMAN;

CORRECTIONAL OFFICER BARNES; CORRECTIONAL

OFFICER SHARP; CORRECTIONAL OFFICER BANKS;

CORRECTIONAL OFFICER WALKER,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Raleigh. James C. Dever III,

District Judge. (5:06-ct-03039-D)

Submitted: April 25, 2007 Decided: May 8, 2007

Before WILLIAMS, TRAXLER, and SHEDD, Circuit Judges.

Affirmed as modified by unpublished per curiam opinion.

George W. Gantt, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

George W. Gantt appeals the district court’s order

dismissing with prejudice his amended complaint filed under 42

U.S.C. § 1983 (2000), for failure to comply with the court’s prior

order directing him to file a complaint setting forth his claims in

a short and plain statement, as required by Fed. R. Civ. P. 8(a),

and warning him of the consequences of failing to comply. Our

review of the record leads us to conclude that the district court

did not abuse its discretion in finding that Gantt failed to comply

with Rule 8. See Ciralsky v. CIA, 355 F.3d 661, 668-69 (D.C. Cir.

2004) (stating standard of review). We find, however, that the

district court’s dismissal of Gantt’s complaint with prejudice was

a harsh remedy. Such dismissals undermine “the sound public policy

of deciding cases on their merits.” Davis v. Williams, 588 F.2d

69, 70 (4th Cir. 1978). Thus, we modify the district court’s

dismissal to be without prejudice to Gantt’s right to refile a

complaint that satisfies Rule 8 and affirm the district court’s

order as modified. Gantt v. Sutton, No. 5:06-ct-03039-D (E.D.N.C.

Oct. 2, 2006). We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials

before the court and argument would not aid the decisional process.

AFFIRMED AS MODIFIED
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

FERNANDO GARCIA, 

Appellant,

v.

THE STATE OF TEXAS,

Appellee.

§

§

§

§

§

No. 08-23-00005-CR

Appeal from the

327th District Court 

of El Paso County, Texas

(TC# 20220D04326)

O P I N I O N

Fernando Garcia, Appellant, was convicted of driving while intoxicated. TEX. PENAL 

CODE. ANN. 49.09(b). The trial court indicated in the court’s certification of defendant’s right to 

appeal that this is a plea-bargain case, and the defendant has no right of appeal. The certification, 

which was signed on December 13, 2022, includes the signatures of the trial judge, Appellant, and 

Appellant’s trial counsel. On January 12, 2023, Appellant filed a notice of appeal.

By letter dated February 28, 2023, the Clerk of this Court requested that counsel for 

Appellant address whether Appellant has a right of appeal. On March 23, 2023, counsel for 

Appellant responded by filing a motion to dismiss pursuant to Rule 42.2 of the Texas Rules of 

Appellate Procedure. Accordingly, we grant the motion, and the appeal is hereby dismissed. TEX.

R. APP. P. 42.2. 
2

LISA J. SOTO, Justice

March 29, 2023

Before Rodriguez, C.J., Palafox, and Soto, JJ. 

(Do Not Publish)
<PAGE>   1
 
                                                                    EXHIBIT 23.4
                        [ARTHUR ANDERSEN LLP LETTERHEAD]
 
                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS
 
     As independent public accountants, we hereby consent to the incorporation
by reference in this joint proxy statement and prospectus of our report dated
June 30, 1998 on the Allied Waste Industries, Inc. 1997 financial statements
included in Allied Waste Industries, Inc.'s Current Report on Form 8-K/A-1 filed
August 27, 1998 and to all references to our firm included in this joint proxy
statement and prospectus.
 
                                          ARTHUR ANDERSEN LLP
 
Phoenix, Arizona,
  August 26, 1998.
<PAGE>   1

                                                                       Exhibit 5
                        STEPTOE & JOHNSON LLP LETTERHEAD
                                August 2, 1999


Rockford Corporation
648 South River Drive
Tempe, Arizona  85281

         Re:      Registration Statement on Form S-1 (No. 333-79285)

Gentlemen:


                  In connection with the registration under the Securities Act
of 1933, as amended, of 3,895,998 shares of Common Stock, par value $0.01 per
share, of Rockford Corporation (the "Company"), including 508,174 shares as to
which the Underwriters have the option to purchase to cover overallotments, if
any, we have examined the Registration Statement on Form S-1 filed by you with
the Securities and Exchange Commission on May 26, 1999 (No. 333-79285), as
amended through the date hereof (the "Registration Statement"), corporate
records, certificates of public officials, Company officers and such other
documents as we deemed appropriate or necessary for the purpose of rendering
this opinion.



                  Based on the foregoing, it is our opinion that the 3,895,998
shares of Common Stock of the Company covered by the Registration Statement have
been duly authorized and, when the 3,895,998 shares to be sold by the Company
and the Selling Stockholders identified therein have been issued and sold in
accordance with the terms set forth in the Registration Statement, will be
validly issued, fully paid and non-assessable.


                  We consent to the filing of this opinion as an exhibit to the
Registration Statement, and to the reference to our firm under the caption
"Legal Matters" in the Prospectus contained in the Registration Statement.

                                Very truly yours,
                                /s/ Kevin L. Olson
                                ------------------
                                Kevin L. Olson
                                STEPTOE & JOHNSON
Exhibit12.1

Certification of Chief Executive Officer Pursuant toSection 302 of the Sarbanes-Oxley Act:

I, AngelikiFrangou, certify that:

1. I have reviewed this annualreport on Form 20-F of Navios Maritime Holdings Inc.;

2.Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under whichsuch statements were made, not misleading with respect to the periodcovered by this report;

3. Based on my knowledge, thefinancial statements, and other financial information included in thisreport, fairly present in all material respects the financialcondition, results of operations and cash flows of the company as of,and for, the periods presented in this report;

4. Thecompany’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) andhave:

(a) Designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to thecompany, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period inwhich this report is being prepared;

(b) Evaluated theeffectiveness of the company’s disclosure controls andprocedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation;and

(c) Disclosed in this report any change in thecompany’s internal control over financial reporting thatoccurred during the period covered by the annual report that hasmaterially affected, or is reasonably likely to materially affect, thecompany’s internal control over financial reporting;and

5. The company’s other certifying officer and Ihave disclosed, based on our most recent evaluation of internal controlover financial reporting, to the company’s auditors and theaudit committee of the company’s board of directors (or personsperforming the equivalent functions):

(a) All significantdeficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likelyto adversely affect the company’s ability to record, process,summarize and report financial information; and

(b) Any fraud,whether or not material, that involves management or other employeeswho have a significant role in the company’s internal controlover financial reporting.

Date: June  21,2006

/s/ Angeliki FrangouChief ExecutiveOfficer(principal executiveofficer)

----
4 JACK BROOKS 

REGIONAL AIRPORT 00111~1\0llli!U\1 UJ.llnGP.U UlrlliQ 

INTRODUCTORY LETTER 

~ 

_4~ JACK BROOi<S 

REGIONALAIRPORT 

,. 

Honorable Raymond H. LaHood 

Secre;ary of Trar.sp()r.ai:on 

lJ S Oepa·tment of Transponation 

1200 Naw Jersey Avenue SE 

Wasl'.ington. CC 20590 

4875 PARKFR CIW" 

8EI<U.,10NT, I X TII05 

rH: (.tC9j 719-4000 

F~x· {409! n2-2830 

Rt: SeaumontfPort Arthur Jack. Orooks Reglor31 Airc·:lrt Small Community Air Service 

De'lelopment Gra1t Proposal 

Oaar Secretary LaHoo:l: 

Bea•.lrront.'f"ort Artrmr Jack Hrnoks Regi.Jnal Airport s submitting. :1e at:ached pro:::osal fer 

lund1ng under the Small Community Air Ser.ice Ce•1elopment Program. and ll'e p-oposal for 

OeaumontlPort Arthur Jack Brooks Reg:onal Ai-port rreets the eligibility requirements of :he 

program. 

We are proposing a oroject that would e1able the Airport tc de•Jelop Md i"'llpleme!'lt a Marketing 

. and advertising program to promote use of the eorrmunit'j's oxistirg air service ara ret;un a r 

. servace over the long-term. Currentl!', t11c community's air service is operated b;· llni:e~ 

Express ta United's hJb at Houston lntei-continental Airport. The s-ervice is CJtmntly oper:ite<l 

by Colgan Air using Saao 3-«1 turboprop a·r::raft, and Colaan is ::;Ianning to retire it9 .f'eet of 

Saab aircraft in the near future. Forh .. natt~ly. Un ted prars to replace the Saab se!"o'::;e with 

service operated by re-alona. jets. 

Successful implerrentation o' the p~oposed anar1<eting and advertising program st.ould ~educe 

t·1e number of passengats leaking :o tho airports in Houston. Althcugh demand has beer, 

estimated at more than 1 ,6-:iO passengers per day each way, less than 40 passengers per day 

each wa'/ are using the air service avai ~tble ttl our local airport. Urited Is taking a Sl>bstantial 

hnancral nsk 10 upgra::a the turboprop sarvice to regional jet service, and mo·e traffic; must be 

generated to ensJre the regional jet service is a financial success. Tr;e level or :raffic currently 

using 13eaumor.t/Po~ Arthur's existing air service will sirr.pl'; 11at be su~:ci~r)l lc SJp::.ort ~eglonill 

jet service ever the tong-terrr. 

Stnlil·l CommJnity Air Ser~i::e Development F:.mding is es.sentral to the r;crnn·ur.itys goal of 

er.sur.ng :tie communir; wi I retain its air service. 

t he cl'>mrnunity is appreciative of the oppo1.unit~· to subm t this proposal. a11d we look ror.vard to 

the oossibilito{ of a grant awar.::. 

Sih:erel;•, • 

,-y < /1 _./ •11.. I ".;Ji'·Jvrf;t·J J) ·rr..x[lil{'tl·Y.b.r 

Jer.nifer l. Hoga:1cam::, C.M. . 

1\ rport Director 

3eaunontiPort Arthur Jack Brooks Regional Airport 

Jack Brooks Regional Airport; Beaumont, Texas 

Proposal Under the Small Community Air Service Development Program; Docket DOT -OST -2012-0069 

s 10-120622-006 

4
No. 67255.

protests 62/4229 and 62/5015 (New York).

#### Ace Import Co., Inc., and Swiss Music Crafts, Inc. *v.*United States,

Opinion by

Oliver, C. J.

In accordance with stipulation of counsel that the merchandise consists of ballet dancing figures on jewelry boxes similar in all material respects to those the subject of Abstract 66652, the claim of the plaintiffs was sustained.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 119 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
H. J. RES. 119

_______________________________________________________________________

                            JOINT RESOLUTION

 
Making further continuing appropriations for the fiscal year 2001, and 
                          for other purposes.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Public Law 106-275, is 
further amended by striking the date specified in section 106(c) and 
inserting ``October 30, 2000''.

            Passed the House of Representatives October 29, 2000.

            Attest:

                                                                 Clerk.
106th CONGRESS

  2d Session

                             H. J. RES. 119

_______________________________________________________________________

                            JOINT RESOLUTION

Making further continuing appropriations for the fiscal year 2001, and 
                          for other purposes.
```
Before the First Division,

March 27, 1961

No. 65328.

#### Harold A. Whipple Corp. et al. *v.*United States,

protests 59/3329, etc. (Los Angeles).

Opinion by

Mollison, J.

In accordance with stipulation of counsel that the merchandise consists of valances similar in all material respects to those the subject of *D. N. & E. Walter & Co. et al.*v. *United States*(43 Cust. Ct. 26, C.D. 2098), the claim of the plaintiffs was sustained.
106TH CONGRESS

2D SESSION H. CON. RES. 322

CONCURRENT RESOLUTION

Expressing the sense of the Congress regarding the

sacrifices of individuals who served in the ArmedForces of the former Republic of Vietnam.

106TH CONGRESS

2D SESSION H. CON. RES. 322

CONCURRENT RESOLUTION

Whereas the Armed Forces of the United States and the

Armed Forces of the Republic of Vietnam fought together for the causes of freedom and democracy in the

former Republic of Vietnam;

Whereas the Armed forces of the Republic of Vietnam suffered enormous casualties, including over 250,000 deaths
2

•HCON 322 EH

and more than 750,000 wounded between 1961 and 1975

for the cause of freedom;

Whereas many officers and enlisted personnel suffered imprisonment and forcible reeducation at the direction of

the Government of the Socialist Republic of Vietnam;

Whereas on June 19 of each year, the Vietnamese American

community traditionally commemorates those who gave

their lives in the struggle to preserve the freedom of the

former Republic of Vietnam;

Whereas June 19 serves as a reminder to Vietnamese Americans that the ideals and values of democracy are precious

and should be treasured; and

Whereas the Vietnamese American community plays a critical

role in raising international awareness of human rights

concerns regarding the Socialist Republic of Vietnam:

Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That the Congress—

3 (1) commends the sacrifices of those who served

4 in the Armed Forces of the Republic of Vietnam;

5 and

6 (2) applauds the contributions of all individuals

7 whose efforts have focused, and continue to focus,
3

•HCON 322 EH

1 international attention on human rights violations in

2 Vietnam.

Passed the House of Representatives July 10, 2000.

Attest:

Clerk.
*No.*69386.

#### Taylor Friedsam Co., Inc. *v.*United States,

protests 64/8678 and 64/8680 (New York).

*469Opinion by

Ford, J.

In accordance with stipulation of counsel that the merchandise consists of nylon pile ribbons similar in use to silk pile ribbons and following the principles set forth in *United States*v. *Steinberg Bros.*(47 CCPA 47, C.A.D. 727), the claim of the plaintiff was sustained.
Third Amendment dated as of September 15, 2003 to Rights Agreement



 EXHIBIT 4.1 
  

THIRD AMENDMENT TO THE RIGHTS AGREEMENT 
  
 Pursuant to Section 27 of the Rights Agreement dated as of April 18, 1997 between SanDisk Corporation, a Delaware corporation (the “Company”),
and Harris Trust and Savings Bank, an Illinois banking corporation (the “Rights Agent”) as amended by the First Amendment to the Rights Agreement dated as of October 22, 1998 and the Second Amendment to the Rights Agreement dated as of
December 17, 1999 (the “Agreement”), the Company, and the Rights Agent at the Company’s direction, pursuant to the resolutions of the Company’s Board of Directors adopted at a duly convened meeting of the Board held on September
15, 2003, hereby amend the Agreement as of September 15, 2003, as provided below. 
  
 1.    Acceleration of Expiration Date.    Section 7(a) of the Agreement is hereby amended so that the definition of “Final Expiration Date” shall be: the date
and time that Rights pursuant to that certain Rights Agreement between the Company and Computershare Trust Company, Inc. dated as of September 15, 2003 are issued or deemed to be issued to the Company’s stockholders of record as of September
25, 2003. 
  
 As of the Final Expiration Date, as amended hereby,
the Agreement shall terminate. 
  
 The undersigned officer of the
Company, being an appropriate officer of the Company and authorized to do so by resolution of the Board of Directors of the Company dated as of September 15, 2003, hereby certifies to the Rights Agent that this amendment is in compliance with the
terms of Section 27 of the Agreement. 
  

	SANDISK CORPORATION
		
	 By:
	 	 /s/    CHARLES VAN ORDEN


	Name:	 	Charles Van Orden
	Title:	 	Vice President, General Counsel and Secretary


  
 ACKNOWLEDGED AND AGREED:

  
 HARRIS TRUST AND SAVINGS BANK, 
 as Rights Agent 
  

		
	 By:
	 	 /s/    MARTIN J. MCHALE


	Name:	 	Martin McHale
	Title:	 	Vice President
No. 52809.

#### International Commercial Trading Company *v.*United States,

protest 133068-K (New York).

Opinion by

Mollison, J.

It was stipulated that the merchandise consists of platinum fox fur skins, undressed, similar in all material respects to those the sub*224ject of *United States*v. *O. Brager-Larsen*(36 C. C. P. A. 1, C. A. D. 388). The claim for free entry under paragraph 1681 was therefore sustained. ' ‘ |$¡
Exhibit 32.1

CERTIFICATION OF ANNUAL REPORT ON FORM 10-K

Pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, in connection with the filing of Harry & David Holdings, Inc.s (the Company) Annual Report on Form 10-K for the year ended June 27, 2009, as filed with the Securities and Exchange
Commission on the date hereof (the Report), each of the undersigned officers certifies 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 aspects, the financial condition and results of operations of the Company as of and for the periods
presented in the Report.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: September 17, 2009



By:

/s/ William H. WilliamsWilliam H. WilliamsPresident and Chief Executive OfficerBy:

/s/ Edward F. DunlapEdward F. DunlapChief Financial Officer
No. 57104.

protest 187364-K (New York).

#### International Expediters, Inc. *v.*United States,

Opinion by

Johnson, J.

At the trial an additional collector’s memorandum was received in evidence. In the memorandum the collector conceded that since the transmittal of the protest to the court, the importer had supplied him with the record of outward manifest, which proved to be correct, and that had said information been in his possession at the time of the review of the protest, the drums would have been entitled to free entry under paragraph 1615, *supra.*In view of the collector’s concession and following Abstracts 47521, 53676, and 53865, the claim of the plaintiff was sustained.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 127 Enrolled Bill (ENR)]

        H.J.Res.127

                       One Hundred Sixth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand

                            Joint Resolution

 
 Making further continuing appropriations for the fiscal year 2001, and 
                           for other purposes.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Public Law 106-275, is 
further amended by striking the date specified in section 106(c) and 
inserting ``December 8, 2000''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 117 Introduced in House (IH)]

106th CONGRESS
  2d Session
H. J. RES. 117

Making further continuing appropriations for the fiscal year 2001, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 24, 2000

 Mr. Young of Florida introduced the following joint resolution; which 
            was referred to the Committee on Appropriations

_______________________________________________________________________

                            JOINT RESOLUTION

 
Making further continuing appropriations for the fiscal year 2001, and 
                          for other purposes.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Public Law 106-275, is 
further amended by strik-
ing the date specified in section 106(c) and inserting
``October 28, 2000''.
                                 <all>
```
No. 58795.

protest 224253-K (New York).

#### Fabrikant Steel Products, Inc. *v.*United States,

Opinion by

Lawrence, J.

It was stipulated that the merchandise consists of alloy steel bars; that such bars are articles of which the component material in chief value is metal, other than ores or concentrates, or crude metal; that such bars were imported to be used in remanufacture by melting and have been so used; and that there had been compliance with the regulations prescribed by the Secretary of the Treasury, pursuant to Public Law 869, *supra.*Upon the agreed statement of facts, it was held that the merchandise comes within the provisions of Public Law 869, *supra,*and is properly entitled to free entry.