alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Louis Milton COBB, Petitioner, v. STATE of Florida, Respondent.

No. 38102.

Supreme Court of Florida.

Jan. 22, 1969.

Rehearing Denied Feb. 19, 1969.

Henry Gonzalez, for petitioner.

Earl Faircloth, Atty. Gen., and William D. Roth, Asst. Atty. Gen., for respondent.

PER CURIAM.

Rehearing in this cause was denied by the Second District Court of Appeal on September 9, 1968, 213 So.2d 492. Petition for certiorari was filed in this Court on December 10, 1968, following order of the circuit court purporting to extend time for certiorari on the basis of stipulation by petitioner’s counsel and the state’s attorney to December 9, 1968.

In addition to the fact that the petition for certiorari was not filed here until December 10th, 1968, the motion to dismiss the petition for certiorari in this Court on the ground of untimeliness under F.A.R. 4.5c(6), 32 F.S.A., should be granted on authority of Wieczorek v. Williams, Florida 1954, 71 So.2d 262; Salinger v. Salinger, Florida 1958, 100 So.2d 393; Russom v. State, Florida 1959, 109 So.2d 30; Harris v. Condermann, Fla.App.1959, 113 So.2d 235.

It is so ordered.

ERVIN, C. J., and ROBERTS, DREW, THORNAL and BOYD, JJ., concur.
<PAGE>

                                                                     EXHIBIT 4.7

December 20, 2001

Mr. Frank ten Brink
Waste Systems, Inc.
28161 N. Keith Drive
Lake Forest, Illinois 60045


VIA FACSIMILE: (847) 367-9462


Dear Mr. Ten Brink:

     As the Amended and Restated Secured Promissory Note dated October 1, 1998
in the principle amount of $5,229,378.97, payable to Waste Systems, Inc. ("WSI")
has matured October 1, 2001, we are requesting to renegotiate and extend the
note under the following terms to July 1, 2002.

Proposed Terms:

a)   Maturity. The Note will mature July 1, 2002.

b)   Repayment of principal: 3CI will repay $200,000 in principal upon execution
     of this agreement. Additionally 3CI will make an additional principal
     payment in the amount of $200,000 on March 31, 2002

c)   Revolver Facility: WSI will allow 3CI to draw up to $100,000 from a new
     revolver facility, which facility will also expire July 1, 2002.

d)   Interest Rate, starting October 1, 2001. Wall Street Journal "Money Rates"
     (Southwestern Edition) Prime Rate plus 1.0% per annum not to exceed 13%.


<PAGE>
Mr. Frank ten Brink
December 20, 2001
Page 2


e)   Interest Payments. Interest payable quarterly in arrears on the first day
     of the succeeding quarter.

f)   Financial Covenant. The Amended and Restated Note will contain a minimum
     EBITDA covenant of $1,500,000 for the six months ending March 31, 2001 and
     for June 30, 2002. Such covenant will be measured on a trailing six months
     basis and will not include the effect, if any, of the one-time write down
     or loss on disposal of assets. If the minimum EBITDA goal is not obtained
     for the 6 months period ended March 31, 2002, a fee equal to 5% per annum
     for the six months period will be assessed payable by April 30, 2002. If
     the minimum EBITDA goal is not reached for second six months period ended
     June 30, 2002, a fee equal to 5% per annum for the six months then ended
     will be assessed and payable by July 31, 2002. The Note as amended will not
     contain a minimum net income covenant nor a minimum shareholder equity
     covenant currently contained in the Note subparagraph (h) and (I) on page 3
     of the 3CI Note.

g)   Confirmation of Existing Liens. The Company will ratify and confirm all
     existing liens in favor of WSI securing the Note.

h)   Payment of WSI Fees and Expenses. The Company shall pay all of WSI's
     reasonable legal fees and expenses incurred by it in connection with the
     negotiation and documentation of the Proposed Note and related documents
     and instruments.

i)   Waiver of Existing Defaults. WSI will waive, if applicable, all existing
     events of default under the Note through October 1, 2001.

Please indicate your acceptance by signing and faxing back to me.

Yours truly,

/s/ John R. Weaver
John R. Weaver
CFO

/s/ Frank J.M. ten Brink
Frank J.M. ten Brink
Vice President
Waste Systems, Inc.
#### SEABOARD COAST LINE RAILROAD COMPANY, etc., Petitioner, v. Clyde G. WEST, Respondent.

No. 40705.

Supreme Court of Florida.

March 25, 1971.

Certiorari denied. 242 So.2d 156.

ROBERTS, C. J., and ERVIN, CARLTON, ADKINS and DEKLE, JJ., concur.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 1**  **0 -**  **7 4**  **2 5** 

DAVID KWON , Plaintiff

– Appellant,

v. LYDIA WILSON, A Marion Correctional Treatment Center Doctor Psychologist , Defendant

– Appellee.

Appeal from the United States District Court for the Western District of Virginia , at Roanoke
. Glen E. Conrad , Chief District Judge. ( 7 : 1 0

- cv - 0 0435

- gec - mfu ).

Submitted : January 18, 2011 Decided: January 28, 2011

Before NIEMEYER , DUNCAN, and AG EE, Circuit Judges.

Af firm ed by unpublished per curiam opinion
.
David Kwon , Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: David Kwon , a Virginia inmate, appeals the district
court ’ s order d ismissing without prejudice his 42 U.S.C. § 1983 (200 6 ) complaint as frivolous under 28 U.S.C. § 1915A(b)(1) (2006) . We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. K won v. Wilson , No. 7 :10

- cv - 0 0435

- gec - mfu ( W. D.
Va
. Sept
. 30 , 2010) . 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
* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-41496

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellant,

versus

REYNALDO GARCIA ARDILA,

Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court

for the Southern District of Texas

USDC No. 97-41496

- - - - - - - - - - October 23, 1998

Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges:

PER CURIAM: *

Reynaldo Garcia Ardila (Ardila) was convicted of conspiracy to

possess with intent to distribute in excess of 100 kilograms of

marijuana and aiding and abetting to possess with intent to

distribute more than 100 kilograms of marijuana. 21 U.S.C.

§§ 841(a)(1), 841(b)(1)(B), and 846. He was sentenced on March 29,

1989 to serve a 63-month term of imprisonment to be followed by a

five-year term of supervised release.

Ardila committed severa l violations of the terms of his

supervised release. As a result, the district court revoked theNo. 97-41496

-2-

supervised release, and remanded Ardila to the Bureau of Prisons

for a term of 60 months. At the hearing, Ardila did not object to

the sentence. When a defendant fails to object, this court reviews

for p l ain error. Fed. R. Crim. P. 52(b); U nited States v.

Claverley

, 37 F.3d 160, 162-64 (5th Cir. 1994)(en banc). When

plain error is apparent, this court may raise the issue sua sponte

.

United States v. Pineda-Ortuna , 952 F.2d 98, 105 (5th Cir. 1992).

On appeal Ardila argued that the 60-month sentence was plainly

unreasonable, bec ause the district court did not adequately

consider the policy statement contained in Chapter 7 of the United

States Sentencing Guidelines. He also contended that the district

court’s reference to his drug addiction as the basis of sentencing

was unconstitutional. S ee Robinson v. Ca lifornia , 370 U.S. 660,

667 (1962).

We have reviewed the record and the briefs of the parties and

conclude that the district court did commit plain error, because it

imposed a sentence in violation of 18 U.S.C. § 3583(e)(3). When an

underlying co nviction is for a class B felony, the maximum

allowable sentence upon revocation of supervised release is three

years. 18 U.S.C. § 3583(e)(3). The district court sentenced

Ardila to five years. Accordingly, the sentence should be vacated

and remanded to the district court for re-sentencing in conformity

with § 3583(e)(3). Ardila’s second contention, that referring to

his drug addiction in sentencing is unconstitutional, is without

merit. S ee United States v. Pena

, 125 F.3d 285, 288 (5th Cir.

1997), cert. denied

, 118 S. Ct. 1527 (1998)(the district court

sentenced defendant because he used controlled substa nces inNo. 97-41496

-3-

violation of the terms of his probation, not because he was a drug

addict).

VACATED AND REMANDED.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 10**  **- 7206** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. EDDIE LEVERT DAVIS , Defendant

- Appellant
.

Appeal from the United States District Court for the Eastern District of Virginia , at Richmond
. Henry E. Hudson , District Judge. ( 3:07

- cr - 00415

- HEH

- 1 )

Submitted : November 18, 2010 Decided: December 2, 2010

Before SHEDD and AGEE , Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by un published per curiam opinion
. Eddie Levert Davis, Appellant Pro Se. Sara Elizabeth Chase, Assistant United States Attorney, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Eddie Levert Davis appe als the district court ’ s order denying relief on his 18 U.S.C. § 3582(c)(2) (2006) motion for a reduction in sentence . We have reviewed the record and find no reversible error. Accordingly, we deny Davis’s motion for appointment of counsel and affirm for the reasons stated by the district court. United States v. Davis , No. 3:07

- cr - 00415

- HEH

- 1 (E.D. Va. Mar. 2, 2010) . We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argu ment would not aid the decisional process.
AFFIRMED
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED NOVEMBER 20, 2020

NO. 03

- 18

- 00855

- CV

The State Board for Educator Certification, Appellant

v.

Leo J. Tran, Appellee

APPEAL FROM THE 126TH DISTRICT COURT OF TRAVIS COUNTY

BEFORE CHI EF JUSTICE ROSE, JUSTICES GOODWIN AND BAKER

REVERSED AND RENDERED

-- OPINION BY JUSTICE GOODWIN

This is an appeal from the judgment signed by the tr i a l court on December 3, 20 18. Having

reviewed the record and the parties’ arguments, the Court holds that there was reversible error in

the court’s judgment

. Therefore, the Court reverses the trial court’s judgment and renders

judgment affirming the decision of the State Board fo r Educator Certification. The appell ee shall

pay all costs relating to this appeal, both in this Court and in the court below.
EXHIBIT 32

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 DOLPHIN PRODUCTIONS, INC., (the
"Company") on Form 10-QSB for the quarter ended December 31, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the
"Report"), the undersigned Chief Executive Officer and Chief Financial
Officer of the Company certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 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 results of operation of the
Company.

                     /s/ Richard H. Casper

                     -----------------------------
                     Richard H. Casper
                     Chief Executive Officer



                     /s/ Pamela Lindquist

                     -----------------------------
                     Pamela Lindquist
                     Chief Financial Officer
255 La. 550

#### Mrs. Vera MOAK, et al. v. LINK-BELT COMPANY et al.

No. 50382.

Supreme Court of Louisiana.

March 12, 1970.

In re: Link-Belt Company applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 229 So.2d 395.

It is ordered that the writ of review issue ; that the Court of Appeal send up the record in duplicate of the case; and that counsel for plaintiff and defendant be notified.

The application is granted but limited to a consideration of the correctness of that portion of the Court of Appeal’s judgment set forth in paragraphs (1), (2) and (3) of its decree. In all other respects the application for certiorari is denied.

BARHAM, J., does not participate.
Exhibit 21.1





SUBSIDIARIES AS OF DECEMBER 31, 2011





Perfect Dream Limited, a corporation established under the laws of the British Virgin Islands




Goldenway Nanjing Garments Co., Ltd, a wholly foreign-owned limited liability company formed under the laws of the People's Republic of China




Nanjing Catch-Luck Garments Co., Ltd., a wholly foreign-owned limited liability company formed under the laws of the People’s Republic of China




Nanjing New-Tailun Garments Co., Ltd., a wholly foreign-owned limited liability company formed under the laws of the People’s Republic of China




Shanghai La Go Go Fashion Company Limited, a limited liability company formed under the laws of the People’s Republic of China




Ever-Glory International Group Apparel Inc. a limited liability company formed under the laws of the People’s Republic of China




Ever-Glory International Group (HK) Ltd. a limited liability company formed under the laws of Samoa
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 of SureWest Communications (the "Company"),
on Form 10-K for the period ended December 31, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), the undersigned, as
the Chief Executive Officer of the Company, hereby certifies pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:

1.   The Report fully complies with the requirements of Section 13(a) and
     Section 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 operations of the Company.

Date: March 10, 2005                  By:  /s/ Brian H. Strom
                                           ------------------
                                           Brian H. Strom,
                                           President and Chief
                                           Executive Officer

A signed original of this written statement required by Section 906 has been
provided to SureWest Communications and will be retained by SureWest
Communications and furnished to the Securities and Exchange Commission or its
staff upon request.
01/19/2012 1G:57 FAX 2024935142 FAA + DMS 21001/002 

UNfTED STATES DEPARTMENT OF TRANSPORTATION 

OFf ICE OF HEARINGS ,,, 

WASHINGTON, DC. "^ 

'• Di'.irM T 

''\ n I iVi I • h moi 

-•!OFFaATiO';S 

^ 20 A <!: fo 

in the Matter of: 

CLOUD DANCER AVIATION 

AND FLYING CLUB, INC. 

Respondent 

Docket No. FAA-CPlOSOOOOl 

(Civil Penalty Action) 

FDMS No. FAA-2010-0192 

WITHDRAWAL OF COMPLAINT 

Pursuant to a settlement reached by the parties and to the provisions of 14 C.F.R. 

§13.215, the Federal Aviation Administration (FAA), by counsel, hereby withdraws its 

Complaint dated February 12, 2010 (and amended April 16,2010). 

Submiiied this 5'*' day of Januaiy, 2012. 

z;^ ^ 2 ^ 

ANDREA MICHELLE l\ 

Allomey 

Office of the Regional Counsel 
01/19/2012 1G:59 FAX 2024935142 FAA + DMS @1002/002 

CERTIFICATE OF SERVICE 

I hereby certify that on this date I have sent by regular mail. Complainant's Withdrawal of 

Complaint In the Matter of Cloud Dancer Aviation and Flying Club. Inc.. Docket No. FAACPlOSOOOOLto: 

The Honorable J. E. Sullivan 

DOT, Administrative Law Judge 

Office of Hearings, M-20 

1200 New Jersey Ave, SE 

Room El 2-320 

Washington, DC 20590 

TFI.: (202)366-2132 

FAX: (202) 366-7536 

Dennis R. Haber, Esq. 

Dennis R. Haber, P.A. 

8925 SW 148 Street, Suite 200 

Miami, FL 33176 

TEL: (305) 256-3002 

FAX: (305) 256-3004 

and the original and one copy via regular mail to: 

Hearing Docket 

ATTN: Stephanie McClain 

FAA, AGC-43 0 

800 Independence Ave., SW 

Wilbur Wright Building, Suite 2W1000 

Wasliington, DC 20591 

FAX: (202) 493-5020 

GERALD A \. jmNlNGS 

Program Analyst 

JAN 5 201Z 

Date
# DLA Distribution Susquehanna supports Hurricanes Harvey and Irma recovery

/ Published Sept. 18, 2017
NEW CUMBERLAND, Pa., As the Defense Logistics Agency continues working with U.S. Northern Command and the Federal Emergency Management Agency in a supporting role in the overall whole of government disaster response to Hurricanes Harvey and Irma, its distribution center in Susquehanna, Pennsylvania, has been steadfastly shipping relief items to the affected areas while its deployed employees manage receipt and delivery of items.Prior to Harvey’s landfall in Texas, DLA Distribution made the decision to activate its deployable distribution team, DLA Distribution Expeditionary, or DDXX. Additional team members subsequently deployed in response to Hurricane Irma. The team, created in 2010 as a result of lessons learned from Hurricanes Katrina and Rita, includes more than 100 personnel from multiple distribution centers who can deploy within 24 hours to process materiel in support of conflict contingency operations, as well as Humanitarian Assistance/Disaster Relief efforts. DLA Distribution employees were deployed to Joint Base San Antonio-Randolph, Texas; Seguin, Texas; and Maxwell Air Force base, Alabama, to support the FEMA Incident Support Bases  with the DDXX capability. In total, 40 DDXX team members are deployed to Intermediate Staging Base Randolph, near San Antonio, Texas. Thirty-one of these 40 personnel are DLA Distribution Susquehanna team members. There are 37 DDXX team members are deployed to ISB Maxwell, and eight of these team members are from the midstate. In total, 39 DLA Distribution Susquehanna employees are away from their families serving in relief operations in Texas and in Alabama.These teams are made up of Distribution Process Workers, MHE operators, Storage and Transportation Technicians, Planners, Mechanics and Supervisors. And they are using Materiel Handling Equipment such as forklifts and yard mules and staging large volumes of relief materials including meals and water until forward locations are able to receive the materials. The DDXX forward teams are averaging 250 trucks of relief supplies each day.In addition to emergency parts requests, the distribution center has also shipped out three major shipments totaling 7,000 cots to support response efforts. The DLA Distribution Susquehanna team also proactively halted delivery to nearly 600 DoD customers in Puerto Rico, Florida, South Carolina, Georgia and Alabama as Hurricane Irma approached. As DLA’s largest and serves as a major distribution hub for the eastern United States, the distribution center’s deliveries are critical readiness enablers for DoD forces, and as customers in the affected locations were able to recover and begin receiving, delivery was turned back on with now only approximately 70 customers currently unable to receive supplies.   The approximately 1,600 men and women of DLA Distribution Susquehanna are now focused on sending out large volumes of critical items to keep DoD units at full strength and ready for combat operations. Photos and video products of DoD response efforts can be found on the DVIDS Hurricane Irma feature page.
#### TRUSTEES of the CENTRAL STATES SOUTHEAST AND SOUTHWEST PENSION FUND, Petitioner, v. AMERICAN AUTOMATIC CO., Inc., a Florida corporation, and Harbour Towers Development Corp., Respondents.

No. 70-386.

District Court of Appeal of Florida, Third District.

April 23, 1970.

PER CURIAM.

Certiorari dismissed.
# Can’t fly without supply: materiel management circulates supplies

/ Published March 12, 2018
LITTLE ROCK AIR FORCE BASE, Ark., *Editor's note: The original story can be viewed on the Little Rock Air Force Base website.*
<PAGE>

EXHIBIT 32.1
906 Certification

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-KSB of APO Health,  Inc. (the
"Company")  for the quarter ended March 31, 2004,  as filed with the  Securities
and Exchange  Commission  on the date hereof (the  "Report"),  I, Dr. Jan Stahl,
Chief  Executive  Officer and Chief Financial  Officer of the Company,  certify,
pursuant to 18 U.S.C.  Section 1350,  as adopted  pursuant to Section 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 results of operations of the Company.




/s/  Dr. Jan Stahl
------------------
Dr. Jan Stahl

CEO and acting CFO
Date:  May 7, 2004


Dated:  May 7, 2004                        By: /s/ Dr. Jan Stahl
                                               ---------------------------------
                                               Dr. Jan Stahl
                                               Chief Executive and Financial
                                               Officer and Director

                                      -15-
EXHIBIT 99.2

                            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 WNC Housing Tax Credit
Fund V, L.P., Series 4 (the  "Partnership") for the year ended March 31, 2003 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  and  pursuant to 18 U.S.C.,  section  1350,  as adopted  pursuant to
section  906 of the  Sarbanes-Oxley  Act of  2002,  I,  Thomas  J.  Riha,  Chief
Financial Officer of WNC & Associates, Inc., general partner of the Partnership,
hereby certify 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 Partnership.


/s/THOMAS J. RIHA
-----------------
Thomas J. Riha
Chief Financial Officer of WNC & Associates, Inc.
August 07, 2003
#### STATE of Louisiana v. Christopher R. McGOWEN.

No. 61922.

Supreme Court of Louisiana.

June 9, 1978.

In re: Christopher R. McGowen applying for writs of certiorari, prohibition and mandamus. Parish of Ouachita.

Writ denied.