alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2012126EN.01001502.xml

| 28.4.2012 | EN | Official Journal of the European Union | C 126/15 |
| --- | --- | --- | --- |

28.4.2012

EN

Official Journal of the European Union

C 126/15

---

Judgment of the General Court of 20 March 2012 — Kurrer and Others v Commission

(Joined Cases T-441/10 P to T-443/10 P) (1)

1

(Appeal - Civil service - Officials - Appointment - Classification in grade - Transitional rules for classification in grade on recruitment - Article 5(4) of Annex XIII to the Staff Regulations - Principle of equal treatment)

2012/C 126/30

Language of the case: French

Parties

Parties

Appellants: Christian Kurrer (Watermael-Boitsfort, Belgium) (Case T-441/10 P); Salvatore Magazzu (Brussels, Belgium) (Case T-442/10 P); and Stefano Sotgia (Dublin, Ireland) (Case T-443/10 P) (represented by: M. Velardo, lawyer)

Appellants:

Other parties to the proceedings: European Commission (represented by: J. Currall, acting as Agent); and Council of the European Union (represented by: B. Driessen and M. Simm, acting as Agents)

Other parties to the proceedings:

Re:

Re:

Three appeals brought against the judgments of the European Union Civil Service Tribunal (Second Chamber) of 8 July 2010 in Case F-126/06 Magazzu v Commission (not yet published in the ECR), Case F-130/06 Sotgia v Commission (not yet published in the ECR) and Case F-139/06 Kurrer v Commission (not yet published in the ECR) and seeking to have those judgments set aside.

Magazzu

Commission

Sotgia

Commission

Kurrer

Commission

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the appeals; |
| --- | --- |

1.

Dismisses the appeals;

| 2. | Orders Mr Christian Kurrer, Mr Salvatore Magazzu and Mr Stefano Sotgia to bear their own costs and to pay those incurred by the European Commission in the present proceedings; |
| --- | --- |

2.

Orders Mr Christian Kurrer, Mr Salvatore Magazzu and Mr Stefano Sotgia to bear their own costs and to pay those incurred by the European Commission in the present proceedings;

| 3. | Orders the Council of the European Union to bear its own costs. |
| --- | --- |

3.

Orders the Council of the European Union to bear its own costs.

---

(1)  OJ C 328, 4.12.2010.

1

---
§ 351.18 Official identifications; unauthorized use. ( a ) The form of certification set forth in § 351.3 and the term “Certified Technical Animal Fat” are official identifications for purposes of the Agricultural Marketing Act of 1946, as amended, and shall not be falsely made, issued, altered, forged, or counterfeited, or used for purpose of misrepresentation or deception.
( b ) No container which bears or is to bear any designation as certified technical animal fat shall be filled in whole or in part, except with technical animal fats which have been certified and identified in compliance with this part.
| **Summer 2004**                                                                                                                                                                                                                                  |
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| Common Ground, Spring 2004

visit page | download issue PDF

Common Ground, Fall 2003

visit page | download issue PDF

Common Ground, Summer 2003

visit page | download issue PDF

Common Ground, Spring 2003

visit page | download issue PDF | Challenge to ChangeSplendor in the Sand |
|                                                                                                                                                                                                                                                  |

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Exhibit






The Compensation Committee (the “Committee”) of the Board of Directors of Spirit Realty Capital, Inc. (the “Company”) recently engaged in a review of its incentive compensation program, with the assistance of its independent compensation consultant, Towers Watson. On February 18, 2016, the Committee approved a 2016 bonus program (the “2016 Bonus Program”) applicable to Thomas H. Nolan, Jr., Chief Executive Officer, Phillip D. Joseph, Jr., Chief Financial Officer, Gregg A. Seibert, Chief Investment Officer, and Mark L. Manheimer, Executive Vice President – Asset Management (the “executives”).
Under the 2016 Bonus Program, the executives will be eligible to earn cash bonuses based on the Company’s achievement in 2016 of performance goals relating to (i) Adjusted Funds From Operations (a supplemental non-GAAP financial measure defined in the Annual Report on Form 10-K of Spirit Realty Capital, Inc. filed with the SEC on February 26, 2016); (ii) ratio of debt to EBITDA (a supplemental non-GAAP financial measure meaning earnings of the Company before interest, taxes, depreciation and amortization); (iii) weighted average occupancy levels of Company real estate assets; and (iv) acquisition volume, as well as each executive’s achievement of individual performance goals. In determining each executive’s actual bonus under the 2016 Bonus Program, the goals will be weighted as follows for the applicable executive: 
	
						
	Executive
	AFFO
	Debt to EBITDA
	Occupancy
	Acquisitions
	Individual Performance

	Thomas H. Nolan
	17.5%
	17.5%
	17.5%
	17.5%
	30%

	Phillip D. Joseph, Jr.
	17.5%
	26.25%
	13.125%
	13.125%
	30%

	Gregg A. Seibert
	17.5%
	8.75%
	8.75%
	35%
	30%

	Mark L. Manheimer
	17.5%
	8.75%
	21.875%
	21.875%
	30%






Each executive must be employed by the Company through the date on which the Company pays bonuses under the 2016 Bonus Program in order to be eligible to receive a bonus under the program.





LA\4437001.1
10.7 

11/8/04 

 Page 1 

Quitting Tobacco: Facing Boredom ... Without Smoking 

What To Expect 

• You may take a break at work and find that you now have nothing to do. 

• You may feel very bored when waiting for something or someone (a bus, your spouse, 

your kids). 

Did You Know? 

• Many smokers say they sometimes smoke to overcome boredom. 

What To Do 

• Plan more activities than you have time for. 

• For those empty minutes, make a list of things you like to do. 

• Move! Do not stay in the same place too long. 

• Carry a book, magazine, or crossword puzzle for waiting times. 

• Notice what is going on around you. (Look at the shape of the buildings you pass, listen 

to the sounds outside around you.) 

• Carry something (like a cell phone) to keep your hands busy. 

• Listen to a favorite song. 

• Go outdoors, if you can, but not to places you associate with smoking. 

Nicotine and Your Body and Mind 

• For smokers, boredom often brings the urge to smoke—this urge may have a physical 

and chemical basis. 

• When you quit smoking, you may miss the increased excitement and good feeling that 

nicotine gave you. This may be true when you are feeling bored. 

Related Notes

• You may be very bored when taking a break. You will need to replace a smoke break 

with something else. Nicotine cravings may be reduced by using nicotine replacement 

products, which deliver small, steady doses of nicotine into the body. Nicotine 

replacement patches, gum, lozenges, nasal spray, and inhaler appear to be equally 

effective. Buproprion pills (which don’t contain nicotine) also help relieve withdrawal 

symptoms. 
10.7 

11/8/04 

 Page 2 

How To Get Help 

• If you or someone you know wants help with giving up tobacco, please call the National 

Cancer Institute’s Smoking Quitline toll-free at 1–877–44U–QUIT (1–877–448–7848). 

The information specialists on the Quitline can provide suggestions and support to help 

smokers break the habit. 

• The Federal Government’s Smokefree.gov Web site (http://www.smokefree.gov) allows 

you to choose the help that best fits your needs. You can get immediate assistance: 

o View an online step-by-step cessation guide. 

o Find state quitline telephone numbers. 

o Instant message an expert through NCI’s LiveHelp service. 

o Download, print, or order publications about quitting smoking. 

# # # 

This fact sheet was reviewed on 11/8/04 

This fact sheet was adapted from material developed by the Tobacco Education and Prevention Program 

of the Arizona Department of Health Services and the Arizona Smokers’ Helpline of the University of 

Arizona.
### SUBCHAPTER III—FEDERAL AGENCY COORDINATION AND LIAISON WITH CENTER
[Federal Register Volume 76, Number 49 (Monday, March 14, 2011)]
[Rules and Regulations]
[Pages 13524-13525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5089]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 11-324; MB Docket No. 10-189; RM-11611]


Radio Broadcasting Services; Willow Creek, CA

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

[[Page 13525]]

SUMMARY: The Audio Division, at the request of Miriam Media, Inc., 
allots FM Channel 258A at Willow Creek, California. Channel 258A can be 
allotted at Willow Creek, consistent with the minimum distance 
separation requirements of the Commission's rules, at coordinates 40-
57-29 NL and 123-42-23 WL, with a site restriction of 6.7 km (4.2 
miles) west of the community See SUPPLEMENTARY INFORMATION infra.

DATES: Effective April 4, 2011.

FOR FURTHER INFORMATION CONTACT: Deborah Dupont, Media Bureau, (202) 
418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order, MB Docket No. 10-189, adopted February 16, 2011, and 
released February 18, 2011. The full text of this Commission decision 
is available for inspection and copying during normal business hours in 
the FCC Information Center, Portals II, 445 12th Street, SW., Room CY-
A257, Washington, DC 20554. The complete text of this decision also may 
be purchased from the Commission's duplicating contractor, Best Copy 
and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 
20554, (800) 378-3160, or via the company's Web site, http://www.bcpiweb.com. This document does not contain proposed information 
collection requirements subject to the Paperwork Reduction Act of 1995, 
Public Law 104-13. In addition, therefore, it does not contain any 
proposed information collection burden ``for small business concerns 
with fewer than 25 employees,'' pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506 
(c)(4). The Commission will send a copy of this Report and Order in a 
report to be sent to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act, see U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 73

    Radio, Radio broadcasting.
    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 73 as follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority:  47 U.S.C. 154, 303, 334, 336.


Sec.  73.202  [Amended]

0
2. Section 73.202(b), the Table of FM Allotments under California, is 
amended by adding Channel 258A at Willow Creek.

Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 2011-5089 Filed 3-11-11; 8:45 am]
BILLING CODE 6712-01-P
# C_2012138EN.01002302.xml

| 12.5.2012 | EN | Official Journal of the European Union | C 138/23 |
| --- | --- | --- | --- |

12.5.2012

EN

Official Journal of the European Union

C 138/23

---

Judgment of the Civil Service Tribunal (Second Chamber) of 10 March 2011 — Begue and Others v Commission

(Case F-27/10) (1)

(Civil service - Members of the contract staff - Staff entitled to an allowance for regular stand-by duty - Article 55 and Article 56b of the Staff Regulations - Regulation (EEC, Euratom, ECSC) No 495/77)

(2012/C 138/44)

Language of the case: French

Parties

Applicant(s): Christian Begue and Others (Marcy, France) (represented by: A. Woimant, lawyer)

Defendant: European Commission (represented by: D. Martin and B. Eggers, Agents)

Re:

Application for annulment of the decision refusing the applicants payment with retroactive effect of the allowance for standby duty referred to in Article 56b of the Staff Regulations

Operative part of the judgment

The Tribunal:

| 1. | Dismisses the action. |
| --- | --- |

1.

Dismisses the action.

| 2. | Orders the applicants to bear their own costs and to pay those incurred by the Commission. |
| --- | --- |

2.

Orders the applicants to bear their own costs and to pay those incurred by the Commission.

---

(1)  OJ C 179, 3.7.2010, p. 58.

---
### §1072. Repealed. Pub. L. 92–181, title V, §5.26(a), Dec. 10, 1971, 85 Stat. 624

Section, act July 17, 1916, ch. 245, title II, §206(b), as added Mar. 4, 1923, ch. 252, title I, §2, 42 Stat. 1457; amended Mar. 4, 1925, ch. 524, §1, 43 Stat. 1262; May 19, 1932, ch. 191, §3, 47 Stat. 1459; Aug. 19, 1937, ch. 704, §30, 50 Stat. 715; July 26, 1956, ch. 741, title I, §103, 70 Stat. 662; Oct. 4, 1965, Pub. L. 89–237, §1(d), 79 Stat. 923; June 18, 1968, Pub. L. 90–345, §1(c), 82 Stat. 183, provided for application of net earnings of intermediate credit banks. See section 2077 of this title.
§ 392.7 Comments. ( a ) Any interested person may submit written comments on a petition filed with FSIS.
( b ) Comments on a petition should be submitted within 60 days of the posting date of the petition and should identify the number assigned to the petition to which the comments refer.
( c ) FSIS will consider all timely comments on a petition that are submitted in accordance with this section as part of its review of the petition.
( d ) All comments on a petition will become part of the petition file and will be available for public inspection in the FSIS docket room and posted on the FSIS Web site at *http://www.fsis.usda.gov/ .*
( e ) Any interested person who wishes to suggest an alternative action to the action requested by the petition should submit a separate petition that complies with these regulations and not submit the alternative as a comment on the petition.
( f ) If FSIS determines that a comment received on a petition is in fact a request for an alternative action, the Agency will inform the commenter in writing. The Agency will take no further action on the requested alternative action unless the commenter submits an appropriate petition for rulemaking.
### §4120. Notice to tenants

Where a provision of this subchapter requires that information or material be given to tenants of the housing, the requirement may be met by (1) posting a copy of the information or material in readily accessible locations within each affected building, or posting notices in each such location describing the information or material and specifying a location, as convenient to the tenants as is reasonably practical, where a copy may be examined, and (2) supplying a copy of the information or material to a representative of the tenants.

(Pub. L. 100–242, title II, §230, as added Pub. L. 101–625, title VI, §601(a), Nov. 28, 1990, 104 Stat. 4273.)
# C_2012006EN.01001701.xml

| 7.1.2012 | EN | Official Journal of the European Union | C 6/17 |
| --- | --- | --- | --- |

7.1.2012

EN

Official Journal of the European Union

C 6/17

---

Order of the General Court of 9 November 2011 — ClientEarth and Others v Commission

(Case T-449/10) (1)

1

(Access to documents of the institutions - Regulation (EC) No 1049/2001 - Implied refusal of access - Interest in bringing proceedings - Express decision adopted after the action was brought - No need to adjudicate)

2012/C 6/31

Language of the case: English

Parties

Parties

Applicants: ClientEarth (London, United Kingdom); European Federation for Transport and Environment (T&E) (Brussels, Belgium); European Environmental Bureau (EEB) (Brussels); and BirdLife International (Brussels) (represented by: S. Hockman QC, and by P. Kirch, lawyer)

Applicants:

Defendant: European Commission (represented by: K. Herrmann and C. ten Dam, acting as Agents)

Defendant:

Re:

Re:

Application for annulment of the implied decision of the Commission of 20 July 2010 refusing access to certain documents relating to drafts of a report on the Global Trade and Environmental Impact Study of the Biofuels Mandate of the European Union.

Operative part of the order

Operative part of the order

| 1. | There is no need to adjudicate on the action. |
| --- | --- |

1.

There is no need to adjudicate on the action.

| 2. | The European Commission shall bear its own costs and pay those incurred by ClientEarth, the European Federation for Transport and Environment (T&E), the European Environmental Bureau (EEB) and BirdLife International. |
| --- | --- |

2.

The European Commission shall bear its own costs and pay those incurred by ClientEarth, the European Federation for Transport and Environment (T&E), the European Environmental Bureau (EEB) and BirdLife International.

---

(1)  OJ C 346, 18.12.2010.

1

---
#### § 71.18 [Reserved]
### §5624. Low-cost alternatives to small dollar loans

#### (a) Grants authorized

The Secretary is authorized to establish multiyear demonstration programs by means of grants, cooperative agreements, financial agency agreements, and similar contracts or undertakings, with eligible entities to provide low-cost, small loans to consumers that will provide alternatives to more costly small dollar loans.

#### (b) Terms and conditions

#### (1) In general

Loans under this section shall be made on terms and conditions, and pursuant to lending practices, that are reasonable for consumers.

#### (2) Financial literacy and education opportunities

#### (A) In general

Each eligible entity awarded a grant under this section shall promote and take appropriate steps to ensure the provision of financial literacy and education opportunities, such as relevant counseling services, educational courses, or wealth building programs, to each consumer provided with a loan pursuant to this section.

#### (B) Authority to expand access

As part of the grants, agreements, and undertakings established under this section, the Secretary may implement reasonable measures or programs designed to expand access to financial literacy and education opportunities, including relevant counseling services, educational courses, or wealth building programs to be provided to individuals who obtain loans from eligible entities under this section.

(Pub. L. 111–203, title XII, §1205, July 21, 2010, 124 Stat. 2130.)
#### § 530.2 FSIS organization for inspection of fish and fish products.

The Food Safety and Inspection Service, U.S. Department of Agriculture, administers an inspection program for fish and fish products. The organization of FSIS and the principal offices of FSIS and their functions are described, and organizational terms defined, in 9 CFR part 300, subchapter A of this chapter. Section 300.3 lists the FSIS district offices and the geographic areas of the districts.
(No. 32193.

#### The People of the State of Illinois, Defendant in Error, *vs.*Paul A. Johnson, Plaintiff in Error.

*Opinion filed January 24, 1952.*

*249Paul A. Johnson, *pro se.*

Ivan A. Elliott, Attorney General, of Springfield, and John S. Boyle, State’s Attorney, of Chicago, (John T. Gallagher, Rudolph L. Janega, Arthur E. Manning, and William J. McGah, Jr., all of Chicago, of counsel,) for the People.

Mr. Justice Maxwell

delivered the opinion of the court:

Plaintiff in error, Paul A. Johnson, was tried and convicted by the criminal court of Cook County, on June 26, 1947, upon indictment for the crime of receiving stolen property of the value of $200, and was sentenced to the penitentiary for a term of not less than one year and not more than ten years. He comes to this court by writ of error and on the common-law record alone.

Prior to his trial in the criminal court, plaintiff in error was arrested and made appearance before the municipal court of Chicago for the same offense. This charge was dismissed after the grand jury indictment.

As grounds for reversal of this conviction plaintiff in error contends, (1) the criminal court of Cook County lacked jurisdiction of the subject matter and the person, and, (2) the municipal court of the city of Chicago had jurisdiction of his person and the subject matter, had dismissed the charge against him, and this precluded any further prosecution for the same offense in the criminal court of Cook County.

The crime of receiving stolen property of a value exceeding $15 is a felony. (Ill. Rev. Stat. 1951, chap. 38, par. 492.) The criminal court of Cook County has exclusive original jurisdiction of felonies. (Ill. const., art. VI, *250sec. 26; Ill. Rev. Stat. 1951, chap. 37, par. 166; *Wiggins*v. *City of Chicago,*68 Ill. 372, 375.) The municipal court of the city of Chicago has criminal jurisdiction of misdemeanors only. *People*v. *Glowacki,*236 Ill. 612.

The criminal court had jurisdiction of the subject matter, and the record reveals the court had jurisdiction of "the person and that all necessary requirements for a valid conviction of a felony were followed. The plaintiff in error was not tried in the municipal court, that court did not have jurisdiction of the subject matter, and the fact that it had jurisdiction of his person at the time of the indictment did not preclude such indictment and subsequent conviction in the criminal court. *Machin*v. *People*(Ill.) 8 N.E. 178.

None of the plaintiff in error’s constitutional or statutory rights has been violated, and the judgment of the criminal court of Cook County is affirmed.

*Judgment affirmed.*
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D17-3084

_____________________________

JEFFREY SCOTT LINTON,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Escambia County.

Thomas V. Dannheisser, Judge.

April 20, 2018

PER CURIAM.

We affirm the appellant's judgment and sentence, but 

remand for correction of a scrivener's error contained in the 

written judgment and sentence. See Diaz v. State, 910 So. 2d 894 

(Fla. 1st DCA 2005) (remanding for correction of scrivener's error 

in the judgment). The written judgment incorrectly lists the 

appellant’s conviction for aggravated child abuse as a first-degree 

felony punishable by life, instead of a first-degree felony. See § 

827.03(2)(a), Fla. Stat. (2015).

AFFIRMED and REMANDED with instructions.

B.L. THOMAS, C.J., and LEWIS and MAKAR, JJ., concur.
2

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________

Andy Thomas, Public Defender, and Steven L. Seliger, Assistant 

Public Defender, Tallahassee, for Appellant; Jeffrey Scott Linton, 

pro se, Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.