alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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Action brought on 15 February 2005 by the Commission of the European Communities against the Grand Duchy of Luxembourg

(Case C-74/05)

(2005/C 82/49)

Language of the case: French

An action against the Grand Duchy of Luxembourg was brought before the Court of Justice of the European Communities on 15 February 2005 by the Commission of the European Communities, represented by Nicola Yerrell, acting as Agent, with an address for service in Luxembourg.

The Commission claims that the Court should:

Pleas in law and main arguments

The period for transposition of the directive into national law expired on 1 December 2003.

----

(1)OJ No L 302, 1.12.2000, p. 57.

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# DIA report confirms Russia’s use of lethal Iranian unmanned aerial vehicles in Ukraine 

/ Published Feb. 14, 2023
JOINT BASE ANACOSTIA-BOLLING , UAVs used by Russia in its war in Ukraine and recently declassified images of Iranian UAVs used to attack U.S. and partner interests in the Middle Eastdia-pao@dodiis.milhttps://www.dia.mil/Military-Power-Publications/*DIA’s mission is to provide intelligence on foreign militaries to prevent and decisively win wars.**DIA officers are united in a common vision — to be the indispensable source of defense intelligence expertise for the nation. For 60**years, DIA has met the full range of security challenges faced by the United States. DIA intelligence officers operate around the world, supporting customers from forward-deployed warfighters to national policymakers.*
rai-ex1060_340.htm



 

Exhibit 10.60 

REYNOLDS AMERICAN INC.

AMENDMENT NO. 3 TO RETENTION TRUST AGREEMENT

This Amendment No. 3 (the “Amendment”) to the Retention Trust Agreement, dated May 13, 1998, as amended by Amendment No. 1, dated October 1, 2006, and Amendment No. 2, dated January 24, 2007 (as so amended, the “Retention Trust”), by and between R.J. Reynolds Holdings, Inc., as successor to RJR Nabisco, Inc. (“RJRTH”), and Wells Fargo Bank, N.A., as successor to Wachovia Bank, N.A. (the “Trustee”), is entered into as of this 7th day of January, 2016.

WITNESSETH:

WHEREAS, pursuant to the provisions of Section 9(a) of the Retention Trust, the parties hereto agree to amend the Retention Trust in accordance with the terms set forth below.

NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:


	
1.
	
The first sentence of Section 1 of Appendix A to the Retention Trust is hereby deleted in its entirety and the following is substituted in its place:




“Except as otherwise provided in a retention letter agreement between an employee Trust beneficiary and the Employer, this Appendix A to the Trust Agreement is intended to set forth the terms and conditions governing the Payments identified in the Payment Schedule included as Appendix B to the Trust Agreement.”


	
2.
	
Section 2(e)(ii) of Appendix A to the Retention Trust is hereby deleted in its entirety and the following is substituted in its place:




“(ii) “Change of Control” shall be defined as such term is defined in the Reynolds American Inc. Amended and Restated 2009 Omnibus Incentive Compensation Plan as in effect on the date hereof.  A copy of this definition shall be provided to the Trustee.”


	
3.
	
Except as otherwise expressly provided in this Amendment, the Retention Trust remains unmodified and in full force and effect.




IN WITNESS WHEREOF, the parties have executed this Amendment on the date and year first written above.

 


	
R.J. REYNOLDS TOBACCO HOLDINGS, INC.

	
 
	
 
	
 

	
By:
	
 
	
/s/ McDara P. Folan, III

	
Name:
	
 
	
McDara P. Folan, III

	
Title:
	
 
	
SVP and Secretary

	
 
	
 
	
 

	
WELLS FARGO BANK, N.A.

	
 
	
 
	
 

	
By:
	
 
	
/s/ Alan C. Frazier

	
Name:
	
 
	
Alan C. Frazier

	
Title:
	
 
	
Senior Vice President
|Section 5: EX-32.2
|------------------



Exhibit 32.2



Certification of Chief Financial Officer

Pursuant to

Section 906 of the Sarbanes-Oxley
Act of 2002 (18 U.S.C. 1350)



In connection with the
Quarterly Report on Form 10-Q for the period ended September 30, 2012 (the “Report”) of GSV Capital Corp. (the “Registrant”),
as filed with the Securities and Exchange Commission on the date hereof, I, Stephen D. Bard, the Chief Financial Officer of the
Registrant, hereby certify, to the best of my knowledge, that:



(1) The Report fully
complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and



(2) The information
contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.





|      |  | /s/ Stephen D. Bard
|----- |  | -------------------
|Name: |  | Stephen D. Bard    
|Date: |  | November 7, 2012
#### Michael Maresca, Individually and as a Shareholder of Petrolac Petroleum, Inc., Suing on Behalf of Himself and in the Right of Petrolac Petroleum, Inc., Appellant, v John La Certosa et al., Respondents.

In a shareholders’ derivative action, the plaintiff appeals from an order of the Supreme Court, Queens County (Rosenzweig, J.), dated January 4, 1990, which granted the defendants’ motion to stay the action and directed the parties to proceed to arbitration.

Ordered that the order is affirmed, with costs.

The plaintiff and the defendant Marie La Certosa each own 50% of Petrolac Petroleum, Inc., of which the defendant John La Certosa is president and chief operating officer. A shareholders’ agreement executed by plaintiff and the defendant Marie La Certosa, and by the defendant John La Certosa in his corporate capacity, contains a clause which provides that "[a]ny dispute or controversy between the parties relating to or arising out of the affairs of the Corporation or this Agreement” shall be determined by arbitration. The plaintiff claims that the defendants have breached fiduciary duties to the corporation by committing waste and conversion of corporate assets, and further claims that they breached certain provisions of the agreement as to how the corporation would be managed. The defendants successfully moved before Supreme Court for a stay of the derivative action and to compel arbitration of the plaintiff’s claims.

Each defendant, as a signatory to the shareholders’ agree*726ment, had a right to demand arbitration *(see,*CPLR 7503 [a]; *see also, Matter of Groval Knitted Fabrics [Alcott],*72 Misc 2d 513, *affd*39 AD2d 524, *affd*31 NY2d 796). Moreover, arbitration of claims of a derivative nature is not against public policy *(see, Matter of GAF Corp.,*66 NY2d 97, *cert denied*475 US 1083; *Matter of Lane [Abel-Bey],*70 AD2d 838, *affd*50 NY2d 864; *see also, Henry v Suffolk Home Distrib.,*118 AD2d 685). Since it appears that the subject matter of the agreement containing the arbitration clause and the dispute between its signatories are reasonably related *(see, Matter of Nationwide Gen. Ins. Co. v Investors Ins. Co.,*37 NY2d 91, 96), the Supreme Court properly directed that the parties proceed to arbitration.

We have considered the plaintiffs remaining contentions and find them to be without merit. Thompson, J. P., Brown, Harwood and Balletta, JJ., concur.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

PHILIPPE SIMARD,

Appellant,

v.

LEESFIELD & PARTNERS, P.A. and THOMAS SCOLARO, P.A.,

Appellees.

No. 4D2023-0663

[June 13, 2024]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, 

Broward County; Carlos A. Rodriguez, Judge; L.T. Case No. 13-21496 

CACE (14).

Jonathan A. Ewing and Jonathan Kasen of Aero Law Center, Fort 

Lauderdale, for appellant.

Robert M. Klein, Andrew M. Feldman, and Christopher J. Fraga of Klein 

Park & Lowe, P.L., Miami, for appellees.

PER CURIAM.

Affirmed.

CIKLIN, GERBER and ARTAU, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### The People of the State of New York, Respondent, v Larry Jackson, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Broomer, J.), rendered January 13, 1989, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted *(see, Anders v California,*386 US 738; *People v Paige,*54 AD2d 631; *cf., People v Gonzalez,*47 NY2d 606). Thompson, J. P., Kunzeman, Eiber, Rosenblatt and Ritter, JJ., concur.
### TEXA S COU RT O F AP PEAL S, THIRD DISTRICT , AT AUST IN NO. 03-00-00749-CR Daniel Agui

lar, Appellant v. The State of Texas, Appellee FROM THE

DISTRICT COURT OF CALDWELL CO UNTY, 274TH JUDICIAL DISTRICT NO. 00-097, HONORAB LE J ACK H. ROBISO

N, JUDGE

PRESIDING PER CURIAM

OnOctober 20 , 200 0, Da niel Aguilar per fected this appeal from a judgment of convictionfor indecency with a child. On December 19, 2000, appellant filed a written waiver of appeal s igned by a

ppellant , his attorney, and the trial judge. This document reflects a knowing and voluntar y waiver of the r ight to ap peal. We constr ue this waiver as a withdrawal of the notice of appeal . SeeTex. R. App. P. 42. 2(a).

The appeal is dismissed. B efore Justices Kidd, B . A. Smith and Puryear Dismissed on Appellant’s Motion F iled: March 8, 2001 Do N ot Pu blish
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 17-20680

MARK ZASTROW; HEIGHTS AUTOHAUS, 

 Plaintiffs – Appellees,

v.

HOUSTON AUTO M. IMPORTS GREENWAY, LIMITED, doing business as 

Mercedes-Benz of Houston Greenway, 

 Defendant – Appellant.

Appeals from the United States District Court 

for the Southern District of Texas

USDC No. 4:13-CV-574

Before KING, ELROD, and HAYNES, Circuit Judges.

PER CURIAM:*

This is the third appeal in this case and the second appeal on the 

attorneys’ fees award. Zastrow originally brought RICO claims and retaliation 

claims under 42 U.S.C. §§ 1981 and 1982. Zastrow v. Hous. Auto Imports 

Greenway Ltd., 789 F.3d 553, 557 (5th Cir. 2015). The district court granted 

 

* Pursuant to Fifth Circuit Rule 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 Fifth Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

September 5, 2018

Lyle W. Cayce

Clerk

 Case: 17-20680 Document: 00514629044 Page: 1 Date Filed: 09/05/2018
No. 17-20680

2

summary judgment to Houston Auto M. Imports, Ltd. d/b/a Mercedes–Benz of 

Houston Greenway, and in the first appeal, we affirmed except as to the 

summary judgment on the § 1981 claims, which we vacated and remanded. Id.

In the second appeal, Mercedes Greenway appealed the district court’s award 

of $939.29 in damages and $110,000 in attorneys’ fees on the § 1981 claims.

Zastrow v. Hous. Auto M. Imports Greenway, Ltd., 695 F. App’x 774, 777 (5th 

Cir. 2017). We affirmed the judgment on liability but held that the district 

court’s attorneys’ fees calculation was inadequate because it failed to consider 

“Zastrow’s degree of success.” Id. at 776, 779. We vacated the award and 

remanded the case with the instruction that: “we leave it to the district court 

to determine what impact, if any, Zastrow’s degree of success has on its award 

of attorneys’ fees.” Id. at 779.

On remand, the district court left intact its prior award and added to it 

the attorneys’ fees expended on the appeal. The district court made findings 

explaining its award as follows: “The court concludes that the reputation of the 

attorneys representing the plaintiff is above reproach and, coupled with his 

experience and skills and the plaintiffs’ degree of success.” While a more 

robust explanation than the one given would have been preferable and 

advisable, we nevertheless hold that there is no reversible error here.

AFFIRMED.

 Case: 17-20680 Document: 00514629044 Page: 2 Date Filed: 09/05/2018
<PAGE>   1


                                                                   EXHIBIT 12.1
                     CHANCELLOR RADIO BROADCASTING COMPANY

               COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                             (DOLLARS IN THOUSANDS)


<TABLE>
<CAPTION>
                                                                            YEAR ENDED DECEMBER 31,
                                                                  ------------------------------------------
                                                                      1994           1995            1996
                                                                  -----------     -----------    -----------
<S>                                                               <C>             <C>            <C>        
Fixed Charges:
   Interest expense ..........................................    $     5,247     $    18,115    $    35,704
   Implicit interest in rent .................................             76             276          1,100
   Preferred stock dividends and accretion ...................             --              --         19,262
                                                                  -----------     -----------    -----------
         Total fixed charges and preferred stock dividends
           and accretion .....................................    $     5,323     $    18,391    $    56,066
                                                                  ===========     ===========    ===========

   Earnings before provision for income taxes ................    $     1,876     $   (7,731)    $     1,897
   Preferred stock dividends and accretion ...................             --              --        (19,262)
   Fixed charges and preferred stock dividends and accretion .          5,323          18,391         56,066
                                                                  -----------     -----------    -----------
         Earnings, as defined ................................    $     7,199     $    10,660    $    38,701
                                                                  ===========     ===========    ===========

Ratio of earnings to fixed charges and preferred stock
   dividends and accretion ...................................           1.35              --             --
                                                                  ===========     ===========    ===========

Deficiency of earnings to fixed charges and preferred
   stock dividends and accretion..............................    $        --     $     7,731    $    17,365
                                                                  ===========     ===========    ===========
</TABLE>
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18
- 6603

FRED CARSWELL, III , Petitioner

- Appellant ,

v. G. RAMIREZ, Warden FCI Williamsburg , Respondent

- Appellee

.

Appeal from the United States District Court for the District of South Carolina , at Florence

. Bruce H. Hendricks , District Judge. ( 4:17

- cv
- 01231

- BHH )

Submitted : July 26, 2018 Decided: July 31, 2018

Before GREGORY, Chief Judge, and FLOYD , Circuit Judge , and HAMILTON, Senior Circuit Judge

.

Affirmed by un published per curiam opinion

.

Fred Cars w ell, III, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Fred Carswell , III a federal prisoner, appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2241 (2012) petition. We have reviewed the record and find no reversible error. Accordingly, although we grant leave to proceed in form a pauperis, we affirm for the reasons stated by
the district court. Carswell v. Ramirez , No. 4:17

- cv
- 01231

- BHH (D. S.C. May 15, 2018). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional
process.

AFFIRMED