alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
RONEY, Senior Circuit Judge, dissenting:

I respectfully dissent. This is apparently the first case in which a court of appeals has ever

reversed a district court’s departure downward for reasons such as those set forth here, reasons that

have been dubbed “cultural differences.” Every case cited in the briefs and in the court’s opinion

have simply refused to reverse a district court’s denial of a downward departure based on cultural

differences. 

I agree with Chief Judge Becker’s dissent in United States v. Yu, 954 F.2d 951, 957-59 (3rd

Cir 1992), where he concluded that the Sentencing Commission has not rejected consideration of

a defendant’s culture in making sentencing decisions. 

Thus, in my judgment, the district court had discretion to depart downward under the

guidelines. The issue is whether the district court abused that discretion. I believe that the integrity

and purpose of the sentencing guidelines require appellate courts to be slow to encroach on the

discretion given to the sentencing courts. District court judges sit in a preferred position to

understand the justice of each situation, while we must learn what we can from reading a cold

record. Because district courts have an “institutional advantage” in determining when a case falls

outside the heartland of guidelines cases, we should not substitute our own judgment unless a district

court has abused its discretion. Koon v. United States, 518 U.S. 81, 98-99 (1996). 

The very idea of discretion means that a sentencing court could go either way and not be

wrong on appeal. In this case, I would not encroach upon that discretion, but would affirm, leaving

the exercise of that discretion to the district court. The Supreme Court has explained that “[i]t has

been uniform and constant in the federal judicial tradition for the sentencing judge to consider every
2

convicted person as an individual and every case as a unique study in the human failings that

sometimes mitigate, sometimes magnify, the crime and the punishment to ensue.” Koon, 518 U.S.

at 113. In this case, the defendant was a Japanese citizen who had only traveled to the United States

twice before. The district court found that his offense “could be well the result of the cultural

differences and his misunderstanding for the laws and the forms,” and granted a three-level

downward departure. I believe that the district court did not abuse its discretion.
# C_2020329EN.01002401.xml

| 5.10.2020 | EN | Official Journal of the European Union | C 329/24 |
| --- | --- | --- | --- |

5.10.2020

EN

Official Journal of the European Union

C 329/24

---

Action brought on 17 August 2020 — Puma v EUIPO — Caterpillar (SPEEDCAT)

(Case T-515/20)

(2020/C 329/43)

Language of the case: English

Parties

Applicant: Puma SE (Herzogenaurach, Germany) (represented by: M. Schunke and P. Trieb, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Caterpillar Inc. (Peoria, Illinois, United States)

Details of the proceedings before EUIPO

Applicant of the trademark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union word mark SPEEDCAT — Application for registration No 16 703 225

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 9 June 2020 in Case R 1016/2019-2

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order EUIPO to pay the costs, including those incurred before the Board of Appeal. |
| --- | --- |

—

order EUIPO to pay the costs, including those incurred before the Board of Appeal.

Pleas in law

| — | Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
EX-10.14





 Exhibit 10.14 

EXECUTION VERSION 
 December
28, 2020 
 Ms. Debra Morris 
 Re: Your
Apria Healthcare Group Inc. (“AHG”) Restricted Stock Unit (“RSU”) grant pursuant to letter dated July 24, 2018, as amended by the letter dated December 20, 2019 (as amended, the “Grant
Letter”) 
 Dear Debby: 
 The purpose
of this letter is to evidence our agreement to adjust the terms of your Grant Letter to compensate for the effect of the ~$200.3 Million dividend distribution declared by the Apria Healthcare Group Inc. (the “Company”) Board of
Directors on December 4, 2020 and subsequently paid. Accordingly, the first sentence of the second paragraph of the Grant Letter is hereby amended and restated in full as follows: 

You will be granted a number of restricted stock units (the “RSUs”) equal to 0.4% of the amount by which the equity value of
the Company exceeds negative $36.181 million, as measured on the earlier to occur of (i) pricing of an initial public offering of common stock of the Company (or an affiliate) (an “IPO”) or (ii) immediately prior to
the closing of a Change of Control (as defined in the Company’s 2015 Stock Plan) (as applicable, the “Transaction”). 

Kindly return a signed copy of this letter agreement to the undersigned by December 31, 2020, at which time this amendment to the Grant
Letter shall become a binding agreement between you and the Company, enforceable in accordance with its terms. This letter agreement may be executed in several counterparts, each of which shall be deemed an original but which together shall
constitute one and the same instrument. Thank you for all your hard work and dedication! 
  

	
	Very truly yours,
	
	/s/ Daniel J. Starck
	Daniel J. Starck
	Chief Executive Officer













 Agreed to and Accepted: 
  

	
	/s/ Debra Morris
	Debra Morris


  
 [Signature Page to
Letter Agreement Amendment]
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000042429
<NAME> GOLF HOST RESORTS, INC.
<MULTIPLIER> 1
<CURRENCY> US DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<EXCHANGE-RATE>                                      1
<CASH>                                       1,518,296
<SECURITIES>                                         0
<RECEIVABLES>                                4,471,132
<ALLOWANCES>                                   (50,678)
<INVENTORY>                                  1,667,588
<CURRENT-ASSETS>                            21,373,268
<PP&E>                                      65,971,991
<DEPRECIATION>                             (23,293,212)
<TOTAL-ASSETS>                              95,375,876
<CURRENT-LIABILITIES>                       17,038,257
<BONDS>                                     82,386,501
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  4,577,000
<COMMON>                                         5,000
<OTHER-SE>                                  (8,630,882)
<TOTAL-LIABILITY-AND-EQUITY>                95,375,876
<SALES>                                     14,034,083
<TOTAL-REVENUES>                            43,339,729
<CGS>                                        4,241,926
<TOTAL-COSTS>                               38,611,677
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                69,100
<INTEREST-EXPENSE>                           7,028,357
<INCOME-PRETAX>                             (2,300,305)
<INCOME-TAX>                                   381,614
<INCOME-CONTINUING>                         (2,681,919)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                             13,426,039
<CHANGES>                                            0
<NET-INCOME>                                10,744,120
<EPS-PRIMARY>                                 2,110.38
<EPS-DILUTED>                                 2,110.38
        

</TABLE>
<PAGE>


EXHIBIT 11

                         METROMEDIA INTERNATIONAL GROUP, INC.
                          Computation of Earnings Per Share
                       (in thousands, except per share amounts)


<TABLE>
<CAPTION>

                                                             Three Months Ended
                                                     ----------------------------------
                                                         March 31,          March 31,
                                                           1997               1996
                                                     ---------------     --------------

<S>                                                <C>                  <C>
Loss Per Share -Primary           
     Net loss available for Common Stock and
     Common Stock equivalents                       $     (22,258)       $    (19,141)
              
Common Stock and Common Stock Equivalents (A)
     Weighted average common shares outstanding
     during the period                                     66,155              42,615
                                                      -----------          ----------

Loss Per Share - Primary                            $       (0.34)       $      (0.45)
                                                      -----------          ----------
                                                      -----------          ----------

</TABLE>

Loss Per Share - Assuming Full Dilution (B) 

(A) Common stock equivalents are not included in primary loss per share in the
    three months  ended March 31, 1997 and 1996 because they would be anti-
    dilutive.

(B) Fully diluted loss per share is not used in the three months ended March
    31, 1997 and 1996 because it is less than primary loss per share.
#### Leslie Krasnoff et al., Appellants, v Sears, Roebuck & Co., Respondent.

[656 NYS2d 732]

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Queens County, dated December 1, 1995, which, upon a jury verdict in favor of the defendant and against them, dismissed the complaint.

Ordered that the judgment is affirmed.

The verdict in the defendant’s favor was not against the weight of the evidence *(see, Nicastro v Park,*113 AD2d 129).

The plaintiffs’ remaining contentions are without merit. Friedmann, J. P., Florio, McGinity and Luciano, JJ., concur.
# C_2020279EN.01005401.xml

| 24.8.2020 | EN | Official Journal of the European Union | C 279/54 |
| --- | --- | --- | --- |

24.8.2020

EN

Official Journal of the European Union

C 279/54

---

Action brought on 7 July 2020 — GitLab v EUIPO — Gitlab (GitLab)

(Case T-418/20)

(2020/C 279/68)

Language of the case: English

Parties

Applicant: GitLab BV (Utrecht, Netherlands) (represented by: A. Lorente Berges, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Gitlab OÜ (Tallinn, Estonia)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union word mark GitLab — European Union trade mark No 13 751 169

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 5 May 2020 in Case R 2001/2019-4

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision. |
| --- | --- |

—

annul the contested decision.

Pleas in law

| — | Infringement of Article 8(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 8(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)]
[Notices]
[Page 31629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14470]


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

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36204]


Cairo Public Utility Company--Acquisition and Operation 
Exemption--Rail Line of Alabama Railroad Co., Inc., d/b/a Shawnee 
Terminal Railroad Co.

    Cairo Public Utility Company (CPUC), a non-carrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire and 
operate 2.5 miles of rail lines owned by Alabama Railroad Co., Inc. d/
b/a Shawnee Terminal Railway Co. (STR), between milepost 256.9 and 
milepost 259.4 in or near Cairo, in Alexander County, Ill. (the Line).
    CPUC states that it has reached an agreement with STR for CPUC to 
acquire the Line. CPUC further states that the acquisition is part of a 
long-term goal of creating a transload facility along the Mississippi 
River. According to CPUC, the proposed acquisition and operation of the 
Line does not involve a provision or agreement that would limit future 
interchange with a third-party connecting carrier.
    CPUC certifies that the proposed transaction will not result in 
CPUC becoming a Class II or Class I rail carrier and that the projected 
annual revenue of CPUC will not exceed $5 million.
    CPUC states that the transaction is scheduled to be consummated on 
or before September 15, 2018. The earliest this transaction may be 
consummated is July 20, 2018, the effective date of the exemption (30 
days after the verified notice was filed).
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to revoke the exemption 
under 49 U.S.C. 10502(d) may be filed at any time. The filing of a 
petition to revoke will not automatically stay the effectiveness of the 
exemption. Petitions for stay must be filed no later than July 13, 2018 
(at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
36204, must be filed with the Surface Transportation Board, 395 E 
Street SW, Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on Richard H. Streeter, Law Office of Richard 
H. Streeter, 5255 Partridge Lane NW, Washington, DC 20016.
    According to CPUC, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available on our website at 
WWW.STB.GOV.
    Decided: June 29, 2018.
    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.

Brendetta Jones,
Clearance Clerk.
[FR Doc. 2018-14470 Filed 7-5-18; 8:45 am]
 BILLING CODE 4915-01-P
# Official Journal C 55I/2022

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 055I |
| | |
| English edition | Information and Notices | Volume 652 February 2022 |

ISSN 1977-091X

Official Journal

of the European Union

C 055I

English edition

Information and Notices

Volume 652 February 2022

---

| Contents | page |
| --- | --- |
| | V   Announcements |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2022/C 55 I/01 | Prior notification of a concentration (Case M.10512 – LEAR CORPORATION / INTERIOR COMFORT SYSTEMS BUSINESS OF KONGSBERG AUTOMOTIVE GROUP) (
  1
  ) | 1 |

Contents

page

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2022/C 55 I/01

Prior notification of a concentration (Case M.10512 – LEAR CORPORATION / INTERIOR COMFORT SYSTEMS BUSINESS OF KONGSBERG AUTOMOTIVE GROUP) (
  1
  )

1

1

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN
<PAGE>   1

                                                                    EXHIBIT 10.6


                             THIRD AMENDMENT TO THE
                               BORDERS GROUP INC.
                                STOCK OPTION PLAN


         The Borders Group, Inc. Stock Option (the "Plan") is hereby amended as
follows effective as of the date hereof, subject to shareholder approval to the
extent provided in the Amendment:


         1.       The first three sentences of Section 3 of the Plan are hereby
                  replaced with the following:

                  "The number of Shares which shall be reserved for grant under
                  the Plan shall not exceed the sum of: (i) 22,000,000 Shares,
                  (ii) 5,850,000 Shares if the proposal relating to an increase
                  in number of shares available under the Plan for broad based
                  grants is approved by the shareholders of the Company at the
                  1997 Annual Meeting of Shareholders; and/or (iii) 1,750,000
                  Shares if the proposal relating to an increase of the number
                  of shares available for compensation replacement options is
                  approved by the shareholders of the Company at the 1997 Annual
                  Meeting of Shareholders of the Company. Any Shares described
                  in (iii) above that are not used for compensation replacement
                  options shall be available for other grants under the Plan.
                  The maximum number of Shares on which options may be granted
                  to any one individual during the term is 1,000,000, not
                  including grants made pursuant to paragraphs (d), (e), (f),
                  (g) and (h) of Section 4 and compensation replacement options.
                  All of the numbers set forth above are subject to adjustment
                  in accordance with the provisions of Section 6 hereof.

         2.       Consistent with the interpretation of the Plan by the
                  Compensation Committee, the word "key" in the third line
                  Section 4(a) is hereby amended to read "full-time".


         Except as here and amended, the Plan shall remain in full force and
effect.


                                            BORDERS GROUP, INC.



         March 19, 1997                     By: /s/ George R. Mrkonic
                                               -----------------------------
                                                George R. Mrkonic
[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Notices]
[Pages 30997-30998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14281]


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

SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meetings

FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: 83 Federal Register 
29838, 26 June 2018.

[[Page 30998]]


PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING: Thursday, June 28, 
2018 at 2:00 p.m.

CHANGES IN THE MEETING: The following item will not be considered 
during the Closed Meeting on Thursday, June 28, 2018:
    <bullet> Report on an investigation.

CONTACT PERSON FOR MORE INFORMATION: For further information and to 
ascertain what, if any, matters have been added, deleted or postponed, 
please contact the Office of the Secretary at (202) 551-5400.

    Dated: June 28, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018-14281 Filed 6-28-18; 4:15 pm]
 BILLING CODE 8011-01-P
<TABLE> <S> <C>

<ARTICLE>                                           UT
<CIK> 0000065350
<NAME> METROPOLITAN EDISON COMPANY
<MULTIPLIER>                                     1,000
<CURRENCY>                                  US DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<EXCHANGE-RATE>                                      1
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                    1,300,492
<OTHER-PROPERTY-AND-INVEST>                    197,981
<TOTAL-CURRENT-ASSETS>                         205,833
<TOTAL-DEFERRED-CHARGES>                     2,301,300
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                               4,005,606
<COMMON>                                        66,273
<CAPITAL-SURPLUS-PAID-IN>                      370,200
<RETAINED-EARNINGS>                            252,796    <F1>
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 689,269
<PREFERRED-MANDATORY>                          100,000    <F2>
<PREFERRED>                                     12,056
<LONG-TERM-DEBT-NET>                           576,903
<SHORT-TERM-NOTES>                              76,200
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                       24
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                         30
<LEASES-CURRENT>                                27,030
<OTHER-ITEMS-CAPITAL-AND-LIAB>               2,524,094
<TOT-CAPITALIZATION-AND-LIAB>                4,005,606
<GROSS-OPERATING-REVENUE>                      689,829
<INCOME-TAX-EXPENSE>                            32,115
<OTHER-OPERATING-EXPENSES>                     564,647
<TOTAL-OPERATING-EXPENSES>                     596,762
<OPERATING-INCOME-LOSS>                         93,067
<OTHER-INCOME-NET>                              (8,734)
<INCOME-BEFORE-INTEREST-EXPEN>                  84,333
<TOTAL-INTEREST-EXPENSE>                        44,599    <F3>
<NET-INCOME>                                    32,929    <F4>
<PREFERRED-STOCK-DIVIDENDS>                        362
<EARNINGS-AVAILABLE-FOR-COMM>                   32,567
<COMMON-STOCK-DIVIDENDS>                        60,000    <F5>
<TOTAL-INTEREST-ON-BONDS>                       42,480
<CASH-FLOW-OPERATIONS>                         105,401
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1> INCLUDES ACCUMULATED OTHER COMPREHENSIVE INCOME OF $11,595.
<F2> REPRESENTS COMPANY-OBLIGATED MANDATORILY REDEEMABLE PREFERRED
<F2> SECURITIES.
<F3> INCLUDES AMOUNT FOR COMPANY-OBLIGATED MANDATORILY REDEEMABLE
<F3> PREFERRED SECURITIES OF $6,750.
<F4> INCLUDES AN AFTER-TAX CHARGE FOR AN EXTRAORDINARY ITEM OF $6,805.
<F5> REPRESENTS COMMON STOCK DIVIDENDS PAID TO PARENT CORPORATION.
</FN>
        

</TABLE>