alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2014108EN.01001901.xml

| 10.4.2014 | EN | Official Journal of the European Union | C 108/19 |
| --- | --- | --- | --- |

10.4.2014

EN

Official Journal of the European Union

C 108/19

---

NOTICE OF OPEN COMPETITION

NOTICE OF OPEN COMPETITION

2014/C 108/04

The European Personnel Selection Office (EPSO) is organising the following open competition:

EPSO/AST/132/14 — SECURITY

| 1. | Digital monitoring officers and open source intelligence specialists (AST 3) |
| --- | --- |

1.

Digital monitoring officers and open source intelligence specialists (AST 3)

| 2. | Prevention and surveillance coordinators (AST 3) |
| --- | --- |

2.

Prevention and surveillance coordinators (AST 3)

The competition notice is published in 24 languages in Official Journal C 108 A of 10 April 2014.

Further information can be found on the EPSO website: http://blogs.ec.europa.eu/eu-careers.info/

---
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           5,924
<SECURITIES>                                         0
<RECEIVABLES>                                    4,110
<ALLOWANCES>                                       375
<INVENTORY>                                          0
<CURRENT-ASSETS>                                10,203
<PP&E>                                           3,838
<DEPRECIATION>                                   2,015
<TOTAL-ASSETS>                                  12,064
<CURRENT-LIABILITIES>                            2,023
<BONDS>                                             29
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            10
<OTHER-SE>                                      10,002
<TOTAL-LIABILITY-AND-EQUITY>                    12,064
<SALES>                                              0
<TOTAL-REVENUES>                                17,532
<CGS>                                                0
<TOTAL-COSTS>                                   11,162
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   249
<INTEREST-EXPENSE>                                 116
<INCOME-PRETAX>                                  6,254
<INCOME-TAX>                                     2,389
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,865
<EPS-PRIMARY>                                     0.40
<EPS-DILUTED>                                        0
        

</TABLE>
<PAGE>
                                                       EXHIBIT 11.1
                                                    GUITAR CENTER, INC.
                                         COMPUTATION OF INCOME (LOSS) PER SHARE
                                           (IN THOUSANDS, EXCEPT PER SHARE DATA)

<TABLE>
<CAPTION>

                                                                          Year Ended
                                                            --------------------------------------
                                                               1995           1996           1997
                                                            --------------------------------------
<S>                                                         <C>          <C>             <C>

Net income (loss) available to common stockholders          $  5,058      $ (80,221)      $  8,594

Weighted average shares outstanding
Basic                                                         19,329         19,329         19,331
                                                            --------------------------------------
                                                            --------------------------------------
Common stock equivalents                                       1,091          1,091          1,271
Diluted                                                       20,420         20,420         20,602
                                                            --------------------------------------
                                                            --------------------------------------

Income (loss) per common share
Basic                                                        $  0.26       $  (4.15)       $  0.44
                                                            --------------------------------------
Diluted                                                      $  0.25       $  (3.93)       $  0.42
                                                            --------------------------------------

</TABLE>
Exhibit 10.1
​
[COMPANY LETTERHEAD]
September [__], 2021
Dear [Name]:
Re:Amendment to Employment Agreement
​
This letter (the “Letter”) memorializes the agreement by and among you, Sunstone Hotel Investors, Inc. (“Sunstone”) and Sunstone Hotel Partnership, LLC (together with Sunstone, the “Company”) to amend that certain Employment Agreement dated [ ⚫ ], 2021 by and between you and the Company (the “Employment Agreement”), effective as of the date hereof. Capitalized but undefined terms contained in this Letter are defined in the Employment Agreement.
By signing below, you and the Company acknowledge and agree that the Employment Agreement is hereby amended such that the Employment Period shall not terminate on March 31, 2022 and renew automatically for successive one-year periods, but instead shall continue indefinitely until earlier terminated by you or the Company in accordance with the terms of the Employment Agreement.  You and the Company further acknowledge that Sections 4(c) and 4(d) of the Employment Agreement (and all references to those Sections contained therein) are hereby deleted in their entirety, and the reference in Section 4(e) of the Employment Agreement to a Non-Renewal of the Employment Period and Sections 4(c) and 4(d) of the Employment Agreement is hereby deleted.
This Letter shall be governed by and construed in accordance with the laws of the State of California, without reference to principles of conflict of laws. This Letter may not be amended or modified otherwise than by a written agreement executed by the parties hereto or their respective successors and legal representatives.  This Letter may be delivered via facsimile, email or other electronic means permitted by the Company, and may be executed in counterparts, each of which shall be deemed an original and all of which shall be constitute one and the same document.  
​
​
[Signature Page Follows]
​
​
​
​
​
​
​
​
​
​
​
​



IN WITNESS WHEREOF, the parties hereto have caused this Letter to be executed as of the date first written above.
​
SUNSTONE HOTEL INVESTORS, INC.
a Maryland corporation
​
​
​
By:​ ​​ ​​ ​​ ​​ ​
​
Name: ​ ​​ ​​ ​​ ​​ ​
​
Title: ​ ​​ ​​ ​​ ​​ ​
​
​
​
SUNSTONE HOTEL PARTNERSHIP, LLC
a Delaware limited liability company
​
​
​
By:Sunstone Hotel Investors, Inc.
Its Managing Member
​
By:  ​ ​​ ​​ ​​ ​​ ​
​
Name: ​ ​​ ​​ ​​ ​​ ​
​
Title: ​ ​​ ​​ ​​ ​​ ​
​
​
​
​
The undersigned hereby accepts, acknowledges and agrees to all the 
terms and provisions of this letter:
​
​
​
_______________________________
​
[Name]
#### Catherine McGovern, Respondent, v 4299 Katonah Inc., Appellant, et al., Defendant.

[773 NYS2d 285]

Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered May 6, 2003, which, in an action for personal injuries under the Dram Shop Act (General Obligations Law § 11-101) and in common-law negligence, denied defendant tavern’s mo*240tion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

With respect to the Dram Shop Act claim, defendant failed to satisfy its initial burden of negating the possibility that it served alcohol to a visibly intoxicated person (see *Darwish v City of New York,*287 AD2d 407 [2001]). The affidavit of its bartender, that neither he nor another bartender served alcohol to a visibly intoxicated man on the night in question, does not mention a third bartender who worked that night (see *Duran v Poggio,*244 AD2d 162 [1997]; *Cole v O’Tooles of Utica,*222 AD2d 88, 92-93 [1996]). In any event, even if defendant did meet its initial burden, plaintiffs submissions, to the effect that the patron who fell on top of her was, for at least an hour before, seen holding alcoholic drinks, stumbling around and in other ways visibly intoxicated, and that immediately after the accident his eyes were glassy, his speech slurred and he was so drunk that he could hardly stand, suffice to raise an issue of fact as to whether defendant served alcohol to a visibly intoxicated person (see *Dollar v O’Hearn,*248 AD2d 886 [1998]; *Jarzabek v Tucci,*155 AD2d 908 [1989]). These same submissions also suffice to raise issues of fact as to whether defendant’s employees should have been aware that a potentially dangerous situation existed, and breached their duty to exercise adequate supervision and control over their patron’s behavior, precluding summary judgment dismissing plaintiffs negligence claim (see *Dollar*at 887; *Kern v Ray,*283 AD2d 402 [2001]). Concur—Buckley, P.J., Tom, Sullivan, Ellerin and Williams, JJ.
EXHIBIT 12 (a)

                              METRIS COMPANIES INC.
               COMPUTATION OF RATIOS OF EARNINGS TO FIXED CHARGES
                             (DOLLARS IN THOUSANDS)


<TABLE>

                                                                    Year Ended December 31,
                                                       1998       1997       1996       1995       1994
<S>                                                <C>        <C>        <C>        <C>        <C>
Earnings before income taxes: (1) ..............   $ 93,248   $ 61,883   $ 32,546   $  7,449   $  3,503

Fixed Charges: (1)
     Interest on indebtedness, and
       amortization of debt expense ............     30,513     11,951      4,106      1,217
     Interest factor of rental expense .........      2,134      1,313        378         50         26
                                                   --------   --------   --------   --------   --------
     Total fixed charges .......................     32,647     13,264      4,484      1,267         26
                                                   --------   --------   --------   --------   --------
Total available earnings .......................   $125,895   $ 75,147   $ 37,030   $  8,716   $  3,529
                                                   ========   ========   ========   ========   ========
Ratio of earnings to fixed charges .............       3.86       5.67       8.26       6.88     134.16
</TABLE>

(1) As defined in Item 503(d) of Regulation S-K
Exhibit
      32.2





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 Quarterly Report of ASIA CORK INC. on Form 10-Q for the
      period ending June 30, 2008 as filed with the Securities and Exchange Commission
      on the date hereof, I, Yi Tong, Principal Accounting Officer of the Company,
      certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of
      the
      Sarbanes-Oxley Act of 2002, that:





1.
      The
      Report 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 Company.





August
      15, 2008




By:
            /s/
                Yi TongYi
                Tong, CFO and Principal Accounting
                Officer
EXHIBIT 24.8

                                POWER OF ATTORNEY


The undersigned, whose capacity with Capital Alliance Income Trust, A Real
Estate Investment Trust (the "Trust") is set forth below, hereby constitutes and
appoints Thomas B. Swartz and Dennis R. Konczal, and each or either of them
(with full power to act alone), his true and lawful attorneys and agents with
full power of substitution, in the name and on behalf of the undersigned, to do
any and all acts and things and to execute any and all instrument which said
attorneys and agents, or either of them, may deem necessary or advisable to
enable the Trust to comply with the Securities Act of 1933 ("33 Act"), as
amended, and with the Securities Exchange Act of 1934 ("34 Act"), as amended,
and any rules, regulations and requirements of the Securities and Exchange
Commission in respect thereof in connection with (i) the registration under the
'33 Act of shares of common stock in the Trust ("Common Shares"), and warrants
to purchase Common Shares ("Common Warrants"), and (ii) any and all amendments
thereto or reports that the Trust is required to file pursuant to the
requirements of federal or state securities laws or any rules or regulation
thereunder. The authority granted under this Power of Attorney shall include but
not be limited to the power and authority to sign the name of the undersigned in
the capacity set forth below to a Registration Statement on Form S-11 to be
filed with the Securities and Exchange Commission in respect of the Common
Shares and Common Warrants to any and all amendments (including post-effective
amendments) to that Registration Statement in respect of the same, to any an all
instruments or documents filed as a part of or in connection with that
Registration Statement and those amendments, and to any Forms 10-K required to
be filed by the Trust; and the undersigned hereby ratifies and confirms all that
those attorneys and agents, or either of them, shall do or cause to be done by
virtue hereof.

         IN WITNESS WHEREOF, the undersigned has executed this Power of Attorney
on March 19, 2003.


                                  /s/ Donald R. Looper
                                  --------------------

                                  Name:       Donald R. Looper

                                  Position:   Director
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 1**  **0 -**  **6 148** 

GEORGE FREDRICK DELANEY , Plaintiff

– Appell ant ,

v. JOHN MARSH, M.D.; CAROLYN MACLAM, Head Nurse; DANIEL BRAXTON, Senior Warden; FRED SCHILLING, M.D., Director of H ealth Services , Defendant s – Appell ees .

Appeal from the United States District Court for the Western District of Virginia , at Roanoke

. Ja ckson L . Kiser , Senior District Judge. ( 7 : 08

- c v - 00 4 6 5

- jlk

- mfu )

Submitted : A ugust 26 , 2010 Decided: Septe mber 1, 2010

Before KING and DUNCAN , Circuit Judge s , and HAMILTON, Senior Circuit Judge

.

Dismiss ed by un published per curiam opinion

.
George Fredrick Delaney , Appellant Pro Se. James Dudley Mayson, TIMBERLAKE, SMITH, THOMAS & MOSES, PC, Staunton, Virginia; Erin Williams Hapgood, GUYNN, MEMMER & DILLON, PC, Salem, Virginia; Richard Carson Vorhis , Senior Assistant Attorney General, Richmond , Virginia , for Appellee s .
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:

Geor ge Fredrick Delaney seeks to appeal the district

court ’s order granting summary judgment in favor of some, but
not all, Defendants and dismissing them from this 42 U.S.C.

§ 1983 (2006) inmate civil rights action . This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291
(200 6 ), and certain interlocutory and collateral orders, 28
U.S.C. § 1292 (200 6 ); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 , 545

- 46 (1949). The order Delaney seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny Delaney’s motion to amend and dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presen ted in the materials before the court and argument would not aid the decisional process.

DISMISSED
# C_2015152EN.01000101.xml

| 8.5.2015 | EN | Official Journal of the European Union | C 152/1 |
| --- | --- | --- | --- |

8.5.2015

EN

Official Journal of the European Union

C 152/1

---

Non-opposition to a notified concentration

(Case M.7549 — CGG/Wood Mackenzie/JV)

(Text with EEA relevance)

(2015/C 152/01)

On 30 April 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in the English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

1

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7549. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7549. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

---
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER>   1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   6-MOS
<FISCAL-YEAR-END>               JUN-30-1996             JUN-30-1996
<PERIOD-END>                    DEC-31-1996             DEC-31-1996
<CASH>                              160,678                 160,678
<SECURITIES>                              0                       0
<RECEIVABLES>                       194,106                 194,106
<ALLOWANCES>                         14,012                  14,012
<INVENTORY>                         146,173                 146,173
<CURRENT-ASSETS>                    525,037                 525,037
<PP&E>                              143,071                 143,071
<DEPRECIATION>                       57,888                  57,888
<TOTAL-ASSETS>                      614,508                 614,508
<CURRENT-LIABILITIES>               280,414                 280,414
<BONDS>                                   0                       0
<COMMON>                            248,163                 248,163
<PREFERRED-MANDATORY>                     0                       0
<PREFERRED>                               0                       0
<OTHER-SE>                                0                       0
<TOTAL-LIABILITY-AND-EQUITY>        614,508                 614,508
<SALES>                             283,638                 505,626
<TOTAL-REVENUES>                    283,638                 505,626
<CGS>                               207,443                 369,531
<TOTAL-COSTS>                       207,443                 369,531
<OTHER-EXPENSES>                     50,668                  90,815
<LOSS-PROVISION>                          0                       0
<INTEREST-EXPENSE>                    2,373                   4,630
<INCOME-PRETAX>                      23,288                  39,880
<INCOME-TAX>                          9,206                  15,677
<INCOME-CONTINUING>                  14,082                  24,203
<DISCONTINUED>                            0                       0
<EXTRAORDINARY>                           0                       0
<CHANGES>                                 0                       0
<NET-INCOME>                         14,082                  24,203
<EPS-PRIMARY>                           .11                     .19
<EPS-DILUTED>                           .11                     .19
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                           2,674
<SECURITIES>                                     6,970
<RECEIVABLES>                                    2,391
<ALLOWANCES>                                        62
<INVENTORY>                                          0
<CURRENT-ASSETS>                                16,391
<PP&E>                                           2,830
<DEPRECIATION>                                     544
<TOTAL-ASSETS>                                  27,645
<CURRENT-LIABILITIES>                            4,437
<BONDS>                                              0
<PREFERRED-MANDATORY>                           17,701
<PREFERRED>                                          0
<COMMON>                                        46,643
<OTHER-SE>                                    (43,129)
<TOTAL-LIABILITY-AND-EQUITY>                    27,645
<SALES>                                            262
<TOTAL-REVENUES>                                 4,619
<CGS>                                              256
<TOTAL-COSTS>                                    3,617
<OTHER-EXPENSES>                                 2,110
<LOSS-PROVISION>                                    22
<INTEREST-EXPENSE>                                  20
<INCOME-PRETAX>                                  (225)
<INCOME-TAX>                                        13
<INCOME-CONTINUING>                              (238)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (238)
<EPS-BASIC>                                     (0.08)
<EPS-DILUTED>                                   (0.08)


</TABLE>
1 Chief Judge of the Southern District of Mississippi,

sitting by designation.

2 Local Rule 47.5 provides: “The publication of opinions that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession.” Pursuant to that Rule, the court has determined that this opinion should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

______________________ No. 96-50549

______________________
UNITED STATES OF AMERICA, Plaintiff-Appellee,

v. JOHN THOMAS MCCUSKER, Defendant-Appellant

_________________________________________________________________

Appeal from the United States District Court for the Western District of Texas (A-89-CR-173-01 & A-95-CA-853)

_________________________________________________________________ March 2, 1998 Before DEMOSS and DENNIS, Circuit Judges, and LEE, 1 District Judge.
PER CURIAM: 2 John Thomas McCusker, federal prisoner #49205-080, filed a motion under 28 U.S.C. § 2255 to vacate, set aside or correct sentence by a person in federal custody.2 Because the motions, files and records of this case do not conclusively show that McCusker was entitled to no relief as to Count III of the indictment, we reverse the district court’s decision only insofar as it rejected, without an evidentiary hearing, both McCusker’s claim that his trial counsel was ineffective for failing to interview and/or call alibi witnesses and his claim that he was denied his right to testify on his own behalf as to the events of June 4, 1987, and remand these claims for an evidentiary hearing. See United States v. Bartholomew , 974 F.2d 39, 41 (5th Cir. 1992). AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.