alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### EKA LIQUIDATORS, Petitioner, v. Troy D. PHILLIPS, Respondent.

No. D-4157.

Supreme Court of Texas.

March 9, 1994.

See also 883 S.W.2d 218.

Thomas M. Harlan, Alvin, for petitioner.

Richard E. Young, Marc S. Culp, Dallas, for respondent.

PER CURIAM.

This case presents the question resolved today in *Jackson v. Thweatt,*883 S.W.2d 171 (Tex.1994). Because the decision of the court of appeals, 883 S.W.2d 218, conflicts with our holding in *Jackson,*we reverse the judgment of the court below and remand the cause to the trial court for further proceedings.

Troy Phillips guaranteed two notes payable to the Heritage National Bank maturing in August 1986 and June 1987, respectively. The notes went into default on maturity, obligating Phillips on his guaranty. The FDIC acquired the notes as receiver for Heritage National Bank in September 1986, later assigning them to EKA Liquidators (“EKA”). After EKA brought suit on the notes in August 1991, Phillips moved for summary judgment based on the Texas four year statute of limitations. *See*Tex.Civ.Prac. & Rem.Code § 16.004. The trial court granted summary judgment for EKA, and the court of appeals affirmed, concluding that assignees of promissory notes from the FDIC are not entitled to the benefit of the six year limitations period applicable to the FDIC. *See*12 U.S.C. § 1821(d)(14).

We held today in *Jackson*that an assignee of a promissory note from the FDIC does receive the benefit of the special limitations provision set forth in section 1821(d)(14). Accordingly, without hearing oral argument, a majority of the Court reverses the judgment of the court of appeals and remands the *179cause to the trial court for further proceedings.
<PAGE>

                                                                    EXHIBIT 23.2



The Board of Directors
Pillowtex Corporation:

We consent to incorporation by reference in the registration statements 
(Nos. 33-65408, 33-84624, 33-81478 and 333-39191) on Form S-8 of Pillowtex 
Corporation and subsidiaries of our report dated February 5, 1998, relating 
to the consolidated balance sheet of Fieldcrest Cannon, Inc. and subsidiaries 
(a wholly-owned subsidiary of Pillowtex Corporation) as of January 3, 1998, 
and the related consolidated statements of operations and retained earnings, 
and cash flows for the period from December 19, 1997 to January 3, 1998 and 
the period from January 1, 1997 to December 18, 1997, which report appears in 
the January 3, 1998 annual report on Form 10-K of Pillowtex Corporation and 
subsidiaries as an exhibit.



                                                 KPMG Peat Marwick LLP


Greensboro, North Carolina
April 2, 1998
#### Merlyn BARTH, Petitioner/Appellant, v. Penelope EVANS, f/k/a Penelope Barth, Respondent/Respondent.

No. 62609.

Missouri Court of Appeals, Eastern District, Division One.

July 20, 1993.

Rehearing Denied Sept. 8, 1993.

William P. Grant, William S. Margulis, Margulis & Grants St. Louis, for petitioner, appellant.

Penelope Evans, pro se.

ORDER

Husband appeals from the motion court’s order denying his motion to modify that portion of the dissolution decree awarding maintenance. We affirm. The judgment of the trial court is supported by substantial evidence and is not against the weight of the evidence; no error *of*law appears. An extended opinion would have no precedential value. The parties have been furnished with a memorandum for their information only setting forth the reasons for our order affirming the judgment pursuant to Rule 84.-16(b).
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

November 13, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-3828

Knowles Corporation:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests and the 

request failed to show that this particular product is available only from China.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
Exhibit 32.1



Certification of CEO

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

(Subsections (a) and (b) of Section
1350, Chapter 63 of Title 18, United States Code)



Pursuant
to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of Gateway, Inc., a Delaware corporation (Gateway), does hereby certify that:



| | a) |  | The Annual Report on Form 10-K for the year ended December 31, 2003 (the Form 10-K) of Gateway fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and
| | -- |  | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | b) |  | The information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of Gateway.
| | -- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                         |  |  |  |     |  |                          |  |                                   
|------------------------ |  |  |  | --- |  | ------------------------ |  | ----------------------------------
|                         |  |  | 
|Dated: February 27, 2004 |  |  |  | By: |  | /s/    THEODORE W.
WAITT
|                         |  |  |  |     |  |                          |  | Theodore W. Waitt                 
|                         |  |  |  |     |  |                          |  | Chairman & Chief Executive Officer
[Federal Register Volume 60, Number 56 (Thursday, March 23, 1995)]
[Sunshine Act Meetings]
[Page 15327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7387]



-----------------------------------------------------------------------


FEDERAL ELECTION COMMISSION

``FEDERAL REGISTER'' NUMBER: 95-6695.

PREVIOUSLY ANNOUNCED DATE AND TIME: Thursday, March 23, 1995, at 10:00 
a.m. Meeting Open to the Public.

THE FOLLOWING ITEM WAS ADDED TO THE AGENDA: Proposed Regulations 
Schedule.

DATE AND TIME: Thursday, March 28, 1995 at 2:00 p.m.

PLACE: 999 E Street, N.W., Washington, D.C.

STATUS: This meeting will be closed to the Public.

ITEMS TO BE DISCUSSED:

Compliance matters pursuant to 2 U.S.C. Sec. 437g.
Audits conducted pursuant to 2 U.S.C. Sec. 437g, Sec. 438(b), and 
Title 26, U.S.C.
Matters concerning participation in civil actions or proceedings or 
arbitration
Internal personnel rules and procedures or matters affecting a 
particular employee

DATE AND TIME: Thursday, March 30, 1995 at 10:00 a.m.

PLACE: 999 E Street, N.W. Washington, D.C. (Ninth Floor.)

STATUS: This Meeting Will Be Open to the Public.

ITEMS TO BE DISCUSSED:

Correction and Approval of Minutes
Advisory Opinion 1995-06: Gregory Damico on behalf of Red Lion Inns 
Limited Partnership
Regulations:
    MCFL revised draft final rules; Qualified Nonprofit Corporations 
(11 CFR 114.10). Continued from meeting of March 23, 1995.
Administrative Matters.

PERSON TO CONTACT FOR INFORMATION: Mr. Ron Harris, Press Officer, 
Telephone: (202) 219-4155.
Delores Hardy,
Administrative Assistant.
[FR Doc. 95-7387 Filed 3-21-95; 3:26 pm]
BILLING CODE 6715-01-M
**Exhibit23**

 

# **Report and Consent of Independent Registered PublicAccounting Firm**

 

The Board of Directors

Ethan Allen InteriorsInc.:

 

The audits referred to inour report dated August 24, 2009, with respect to the consolidatedfinancial statements of Ethan Allen Interiors Inc. and subsidiaries (the “Company”)included the related financial statement schedule as of June 30, 2009, andfor each of the years in the three-year period ended June 30, 2009,included in the June 30, 2009 annual report on Form 10-K of EthanAllen Interiors Inc. This financial statement schedule is the responsibility ofthe Company’s management. Our responsibility is to express an opinion on thisfinancial statement schedule based on our audits. In our opinion, suchfinancial statement schedule, when considered in relation to the basicconsolidated financial statements taken as a whole, presents fairly in allmaterial respects the information set forth therein.

 

We consent to theincorporation by reference in the registration statements (Nos. 333-47935 and333-26949) on Form S-8 of Ethan Allen Interiors Inc. of our reports dated August 24,2009, with respect to the consolidated balance sheets of Ethan Allen InteriorsInc. and subsidiaries as of June 30, 2009 and 2008, and the related consolidatedstatements of operations, shareholders’ equity, and cash flows for each of theyears in the three-year period ended June 30, 2009, and the relatedfinancial statement schedule and the effectiveness of internal control overfinancial reporting as of June 30, 2009, which reports appear in the June 30,2009 annual report on Form 10-K of Ethan Allen Interiors Inc. Our reportrefers to the Company’s adoption of the provisions of Financial AccountingStandards Board Interpretation No. 48,*Accounting for Uncertainty in Income Taxes, an interpretation of FASB StatementNo. 109*as of July 1, 2007*.*

 

 

/s/KPMG LLP

 

 

Stamford, Connecticut

August 24, 2009

 

----
COURT OF APPEALS OF VIRGINIA 

Present: Judges Baker, Benton and Overton 

Argued at Salem, Virginia 

BOYD CLIFTON ZIGLAR 

v. Record No. 0938-94-3 MEMORANDUM OPINION* BY 

 JUDGE NELSON T. OVERTON 

COMMONWEALTH OF VIRGINIA DECEMBER 12, 1995 

FROM THE CIRCUIT COURT OF HENRY COUNTY 

David V. Williams, Judge 

 Wayne T. Baucino (Office of the Public Defender, on 

brief), for appellant. 

 Linwood T. Wells, Jr., Assistant Attorney General 

(James S. Gilmore, III, Attorney General, on brief), 

for appellee. 

 Boyd Clifton Ziglar was convicted at a bench trial of 

driving a motor vehicle in a manner which endangers the life, 

limb, or property of another after having been declared an 

habitual offender in violation of Code § 46.2-357. Ziglar 

appeals, arguing that his actions did not actually endanger life, 

limb, or property. We disagree and affirm the conviction. 

 At trial, a State Trooper testified as to Ziglar's conduct. 

 As the trooper's vehicle was entering an intersection where his 

light had just turned green, Ziglar's automobile went through the 

red light at approximately forty to forty-five miles per hour, 

the posted speed limit. Upon pulling Ziglar over, the trooper 

noted passengers in the car, including one or two small children. 

 

 *Pursuant to Code § 17-116.010 this opinion is not 

designated for publication. 
- 2 - 

 Ziglar presented no evidence, but moved to reduce the charge to 

a misdemeanor on the grounds that his actions did not endanger 

life, limb, or property. The trial judge overruled the motion. 

 Based on these facts, the trial judge did not err in 

overruling Ziglar's motion. Through his conduct, Ziglar did 

endanger the life, limb, and property of both the trooper in the 

intersection and Ziglar's own passengers. 

 Affirmed.
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

February 19, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-10460

James Hardie Building Products, Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-6438

MARK PITT,

Petitioner - Appellant,

versus

PATRICIA R. STANSBERRY, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Raleigh. Malcolm J. Howard,

District Judge. (CA-04-591-5-H)

Submitted: May 19, 2005 Decided: May 26, 2005

Before LUTTIG, MOTZ, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Mark Pitt, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Mark Pitt, a federal prisoner, seeks to appeal the

district court’s orders denying relief on his petition filed under

28 U.S.C. § 2241 (2000) and two subsequent motions to alter or

amend the judgment. We have reviewed the record and find no

reversible error. Accordingly, while we grant Pitt’s motion to

file a formal brief, we affirm on the ground that Pitt’s petition

is properly characterized as an unauthorized successive 28 U.S.C.

§ 2255 (2000) motion. 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
Exhibit 4.3

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

     We consent to the reference made to our firm under the caption “Independent Registered Public Accounting Firm” in Part B of the Prospectus and to the use of our report dated July 13, 2011, in this Registration Statement (Form S-6 No. 333-174899) of Smart Trust, Strategic Growth & Income Trust (2011 Series G).

		
	     	/s/ GRANT THORNTON LLP
	 	GRANT THORNTON LLP



Chicago, Illinois

July 13, 2011
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          16,696
<SECURITIES>                                         0
<RECEIVABLES>                                   13,456
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                30,352
<PP&E>                                         194,492
<DEPRECIATION>                                  20,935
<TOTAL-ASSETS>                                 207,952
<CURRENT-LIABILITIES>                            6,782
<BONDS>                                        115,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      86,170
<TOTAL-LIABILITY-AND-EQUITY>                   207,952
<SALES>                                              0
<TOTAL-REVENUES>                                24,950
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                10,925
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,968
<INCOME-PRETAX>                                  8,057
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              8,057
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,057
<EPS-BASIC>                                        0
<EPS-DILUTED>                                        0


</TABLE>
CONSENT OF INDEPENDENT AUDITORS


The Board of Directors
Union Bankshares, Ltd.


We consent to incorporation by reference in the registration statement on Form
S-8 relating to the Company's Profit Sharing 401(k) Plan, of our report dated
January 23, 1996 relating to the consolidated statements of income,
stockholders' equity and cash flows of Union Bankshares, Ltd., and subsidiary
for the year ended December 31, 1995, which report appears in the December 31,
1997 annual report on Form 10-KSB of Union Bankshares, Ltd.


                                    /s/ McGLADREY & PULLEN, LLP


Charlotte, North Carolina
March 30, 1998
<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           6,773
<SECURITIES>                                         0
<RECEIVABLES>                                   74,137
<ALLOWANCES>                                    15,134
<INVENTORY>                                    109,458
<CURRENT-ASSETS>                               230,619
<PP&E>                                         506,166
<DEPRECIATION>                                 181,869
<TOTAL-ASSETS>                                 633,704
<CURRENT-LIABILITIES>                          149,848
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           131
<OTHER-SE>                                      62,182
<TOTAL-LIABILITY-AND-EQUITY>                   633,704
<SALES>                                        755,675
<TOTAL-REVENUES>                               755,675
<CGS>                                          655,755
<TOTAL-COSTS>                                  655,755
<OTHER-EXPENSES>                                 3,724
<LOSS-PROVISION>                                   394
<INTEREST-EXPENSE>                              36,867
<INCOME-PRETAX>                               (46,698)
<INCOME-TAX>                                  (16,792)
<INCOME-CONTINUING>                           (29,906)
<DISCONTINUED>                                 (2,126)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (32,032)
<EPS-PRIMARY>                                   (2.45)
<EPS-DILUTED>                                   (2.45)
        

</TABLE>
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 16**  **- 1241** 

LAWRENCE VERLINE WILDER, SR. , Plaintiff

- Appellant ,

v. CAROLYN W. COLVIN, Acting Commissioner of Social Security , Defendant

- Appellee

.

Appeal from the United States District Court for the Eastern District of North Carolina , at Wilmington

. James E. Gates , Magistrate Judge. ( 7:15

- cv - 00046

- D )

Submitted : September 29, 2016 Decided: October 3, 2016

Before SHEDD, KEENAN, and HARRIS , Circuit Judges.

Dismissed by un published per curiam opinion

.
Lawrence Verline Wilder, Sr. , Appellant Pro Se

.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Lawrence Verline Wilder, Sr., seeks to appeal the magistrate judge’s order denying his request for a hearing and for appointment of counsel in his civil action . This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291
(20 12 ), and certain interlocutory and collateral orders, 28
U.S.C. § 1292 (20 12 ); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 , 545

- 46 (1949). The order
Wilder seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny leave to proceed in forma pauperis and dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented
in the materials before th is court and argument would not aid the decisional process.

DISMISSED
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

March 15, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-4585

Apergy ESP Systems, LLC:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel