alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### HOCH v. COCKS.

(Supreme Court, General Term, Second Department.

May 14, 1894.)

Specific Performance—Discretion of Trial Court.

Specific performance is a matter of discretion with the court, and will not be granted where it would be inequitable or unjust.

Appeal from judgment on report of referee.

Action by Frederick Hock against James E. Cocks for specific performance. The complaint was dismissed on the merits, and plaintiff appeals. Affirmed.

Argued before BROWN, P. J., and DYKMAN and PRATT, JJ.

George Finck, for appellant.

John P. Kirby, for respondent.

PRATT, J.

This is an appeal from a judgment entered on a report of a referee dismissing a complaint upon the merits. The relief prayed for was a specific performance of.an alleged contract for the sale of real estate. It is conceded by both parties that the defendant cannot give title, as he is not the owner in fee, but only owns an undivided one-half interest in the property. Whether specific performance shall be decreed is largely a matter of discretion with the court, and the rule is to deny it where such a course will be inequitable and unjust. In this case it is admitted that the land is worth $2,500, and the claim of the plaintiff is to have it decreed to. him for only $500. I have thus far assumed that there was a valid legal contract proved for the sale, as claimed by the plaintiff. The referee, however, has found upon conflicting testimony that no such contract was entered into, and we think this conclusion is supported by the evidence. The vital point is that the minds of the parties never met upon quantity and description of the land in question. This is evident from the price fixed upon, and the testimony of the parties. The land was unfenced. No' survey was made, and no fixed boundary agreed upon. The decree below allowed the plaintiff to recover the money he had paid, which was all he could justly do under the facts disclosed. Margraf v. Muir, 57 N. Y. 155. Judgment affirmed, with •costs. All concur.
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###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. AD21-8-000]

      ( print page 52141)    
On August 12, 2021, the Federal Energy Regulatory Commission (Commission) issued a notice that its staff will hold a technical conference related to the reassessment of the Electric Quarterly Report (EQR) requirements on October 14, 2021. The technical conference will take place from 10:00 a.m. to 12:30 p.m. Eastern Time. All interested persons are invited to participate. Access to the meeting will be available via WebEx.

Commission staff is hereby supplementing the August 12, 2021 notice with the agenda, including sample discussion topics. During the conference, Commission staff, EQR filers, and EQR users will discuss potential changes to the current EQR data fields. This technical conference is the third in a series of conferences related to the reassessment of the EQR requirements.

                    Information for the technical conference, including a link to the webcast, will be posted prior to the event on the meeting event page on the Commission's website, available at:                     *https://www.ferc.gov/​news-events/​events/​technical-conference-reassessment-electric-quarterly-report-requirements-0.*                     The presentation slides will be posted to the website prior to the conference. Any interested person that wishes to participate in the conference is required to register through the WebEx link.                

                    Commission conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations, please send an email to                     *accessibility@ferc.gov*                     or call toll free 1-866-208-3372 (voice) or 202-208-1659 (TTY).                

                    For more information about the technical conference, please contact Jeff Sanders of the Commission's Office of Enforcement at (202) 502-6455, or send an email to                     *EQR@ferc.gov.*

Dated: September 14, 2021.

Kimberly D. Bose,

Secretary.

[FR Doc. 2021-20270 Filed 9-17-21; 8:45 am]

BILLING CODE 6717-01-P
* This order and judgment is not binding precedent, except under the doctrines of

law of the case, res judicata, and collateral estoppel. This court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

** After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause is therefore ordered submitted without oral argument.

UNITED STATES COURT OF APPEALS Filed 11/5/96 TENTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff-Appellee, vs. JAMES CAPADONA, Defendant-Appellant. No. 96-1154 (D.C. No. 95-N-2316) (D. Colo.)

ORDER AND JUDGMENT * Before SEYMOUR, Chief Judge, KELLY, and LUCERO, Circuit Judges. ** Mr. Capadona, appearing pro se and in forma pauperis, appeals from the denial of his second 28 U.S.C. § 2255 motion to vacate, set aside or correct his sentence that was entered upon a guilty plea. Mr. Capadona’s notice of appeal was filed on April 11, 1996, prior the enactment of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, § 102, 110 Stat. 1217 (1996). Although the act amends the requirements for- 2 -

bringing a second § 2255 motion, we do not apply it because this appeal was pending prior to its enactment. See Edens v. Hannigan , 87 F.3d 1109, 1112 n.1 (10th Cir. 1996). In his brief on appeal, Mr. Capadona argues that the district court erred in denying one of his claims (concerning perjured testimony) without an evidentiary hearing. In view of Mr. Capadona’s earlier § 2255 motion, see United States v. Capdona , 54 F.3d 788, 1995 WL 311757 (10th Cir. 1995) (unpub. order and judgment affirming denial of motion), the district court did not err in denying an evidentiary hearing. Whether we construe Mr. Capadona’s second motion as raising the same claims raised previously or new claims, he has failed to demonstrate cause, prejudice or a fundamental miscarriage of justice that would excuse the untimeliness of these claims. Without such demonstration, the resolution of this matter without reference to the merits is not error. See Rule 9(b), Rules Governing Section 2255 Procedings for the United States District Courts; George v. Perrill , 62 F.3d 333, 335 (10th Cir. 1995); United States v. Richards , 5 F.3d 1369, 1370 (10th Cir. 1993). AFFIRMED. The mandate shall issue forthwith.

Entered for the Court Paul J. Kelly, Jr. Circuit Judge
2005 D e c i sion s O p inion s of the U nit e d S t at e s C our t of Appe al s for the Thir d C ir c uit 11-22-2005 

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w . vi ll anova . e du/thir dc ir c uit_2005/181U N IT E D S T A T E S C O U R T O F A P P E A L S F O R T H E T H IR D C IR C U IT N ovember17, 2005 N o. 04- 4254 P . C. YONKE RS , I NC ; P AR T Y C I T Y C L I F T ON, I NC . ; P AR T Y C I T Y OF HAMI L T ON SQU AR E, I NC . ; PARTY CI TY O F LAW REN CEV I LLE, I NC . ; PARTY CI TY N OR TH B E R G E N , IN C .; P .C . V O O R H E E S , IN C .; E A S T H A R R IS B U R G , P .C ., IN C .; L A N C A S T E R P .C ., IN C .; M O N T G O M E R Y V IL L E P .C ., IN C .; P A R T Y C IT Y O F C O T T M A N A V E N U E , IN C .; P A R T Y C IT Y O F H A R R IS B U R G , IN C .; P A R T Y C IT Y O F L E H IG H V A L L E Y , IN C .; P AR T Y C I T Y OF RE ADI NG, I NC . ; CI T Y OF S P RI NGF I E L D, I NC . ; P AR T Y C I T Y OF N E W Y O R K , IN C .; S C R A N T O N P A R T Y C IT Y L L C ; S T R O U D S B U R G P .C . IN C .; W IL K E S B A R R E P A R T Y C IT Y L L C ;P A R T Y C IT Y M A N A G E M E N T , C O ., IN C .,

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v. CEL EBR ATI ONS T HE P ARTY AND SE ASONAL S UPE RS TORE , LL C; ANDR E W BAI L E N; ANDR E W HACK ( D . of N . J . ( N ew ark) C i vi l N o. 04- cv- 4554) P re sen t: R O T H , R E N D E L L , and B A R R Y , C i r cui tJ udges

M ot i on byC ouns el forA ppel l antt o amend t he Pr ece dent i al o p in io n to c o rre c t th e n a m e a n d a d d re ss o f c o u n se l, K e n n e th L . L ei by , J r . , E s q. / s/L ynn L op ez/ rl s L ynn L opez R es pons e due 11/ 28/ 05 C as e M anage 267- 299- 4922 O R D E R The f or e go i ng m ot i on i s gr ant ed and the opi ni on i s amended t o corr ectt he name and addr es s of couns el , K enneth L . L ei by , J r . , E s q. B yth e C o u rt, /s/ M a rjo rie O . R e n d e ll C i r cui tJ udge D at ed: N ovember22, 2005 C L W / cc: M i chae l E i nbi nder , E s q. K enneth L . L i ebyJ r . , E s q. K ar ol C . W al ker , E s q. Pet erL . M acI s acc , E s q.
NORTH FORK GUNNISON RIVER BELOW PAONIA, COLatitude: 38.857Longitude: -107.622Elevation: 5566

NORTH FORK GUNNISON RIVER BELOW PAONIA, CO

Courtesy NRCS - Go to Mc Clure Pass Site Page...



Mc Clure Pass

Courtesy NRCS - Go to North Lost Trail Site Page...



North Lost Trail

Courtesy NRCS - Go to Overland Res. Site Page...



Overland Res.

Courtesy NRCS - Go to Schofield Pass Site Page...



Schofield Pass
EXHIBIT 32.2

PERICOM SEMICONDUCTOR CORPORATION

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with this quarterly report of Pericom Semiconductor Corporation (the
Company) on Form 10-Q for the three months ended April 1, 2006 (the Report), I, Angela Chen, Chief Financial Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63,
Section 1350 of the United States Code, that to the best of my knowledge:

(1) the Report fully complies with the requirements of
Section 13(a) or 15(d), as applicable, 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 results of operations of the Company at the dates and for the periods indicated.

May 16, 2006



By:

/s/ Angela ChenChief Financial OfficerPericom Semiconductor Corporation
# L_2014106EN.01004301.xml

| 9.4.2014 | EN | Official Journal of the European Union | L 106/43 |
| --- | --- | --- | --- |

9.4.2014

EN

Official Journal of the European Union

L 106/43

---

Corrigendum to Council Decision 2010/282/EU of 19 January 2010 on the existence of an excessive deficit in Austria

(
  Official Journal of the European Union L 125 of 21 May 2010
  )

In the contents and on page 32, in the title:

for:

‘Council Decision of 19 January 2010 on the existence of an excessive deficit in Austria (2010/282/EU)’,

read:

‘Council Decision of 2 December 2009 on the existence of an excessive deficit in Austria (2010/282/EU)’;

on page 33, concluding formula:

for:

‘Done at Brussels, 19 January 2010.

For the Council

The President

E. SALGADO
  ’,

read:

‘Done at Brussels, 2 December 2009.

For the Council

The President

A. BORG
  ’.

---
#### The People of the State of New York, Respondent, v Michael Zocchi, Appellant.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Seidell, J.), rendered September 3, 1985, convicting him of sexual abuse in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

It was reasonable in this case for the trial court to conclude that inspecting the scene of the crime would be unlikely to help the jury in deciding any material issue of fact. Accordingly, it was a proper exercise of the court’s discretion to deny the defendant’s request to permit the jury to view the scene *(see,*CPL 270.50 [1]; *People v Hamilton,*112 AD2d 951; *People v Rao,*107 AD2d 720; *People v McCurdy,*86 AD2d 493, 496).

The court extensively charged the jury on how to evaluate the identification testimony and instructed the jury that identification must be proven beyond a reasonable doubt. This clearly satisfied all legal requirements for an identification charge *(see, People v Whalen,*59 NY2d 273, 279), and the failure *to*specifically instruct the jury that voice identification is inherently weaker than corporeal identification did not constitute error.

Although it was error to charge sexual abuse in the first *479degree as a lesser included offense of rape in the first degree *(see, People v Wheeler,*67 NY2d 960, 962), the defendant waived any objection to this error by affirmatively requesting the submission of the former offense to the jury (CPL 300.50 [1]; *People v Shaffer,*66 NY2d 663, 665; *People v Ford,*62 NY2d 275, 282-283; *People v Weissinger,*104 AD2d 917, 918).

The court’s *Allen*charge was brief and noncoercive. The court’s remarks encouraging the jury to make a further effort to reach a verdict were properly balanced by statements telling them not to abandon their "conscientious convictions”, and were in all respects appropriate under the circumstances *(see, People v Pagan,*45 NY2d 725, 727; *People v Eley,*121 AD2d 462, *lv denied*68 NY2d 769; *People v Lee,*118 AD2d 593, 594, *lv denied*67 NY2d 945).

We have reviewed the defendant’s other contentions, including those set forth in his *pro se*brief, and find them to be without merit. Thompson, J. P., Bracken, Niehoff and Harwood, JJ., concur.
xml version="1.0" encoding="UTF-8"?


C\_2021256EN.01000601.xml


| | | | |
| --- | --- | --- | --- |
| 30.6.2021 | EN | Official Journal of the European Union | C 256/6 |

---

Prior notification of a concentration

(Case M.10323 — KKR/LGP/CNG)

Candidate case for simplified procedure

(Text with EEA relevance)

(2021/C 256/05)

1.

On 18 June 2021, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 [(1)](#ntr1-C_2021256EN.01000601-E0001).

This notification concerns the following undertakings:

| | |
| --- | --- |
| — | KKR & Co. Inc. (‘KKR’, US) |

| | |
| --- | --- |
| — | Leonard Green & Partners, L.P. (‘LGP’, US) |

| | |
| --- | --- |
| — | Charter Next Generation Inc. (‘CNG’, US), solely controlled by LGP |

KKR and LGP acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of CNG.

The concentration is accomplished by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

| | |
| --- | --- |
| — | KKR: global investment firm that offers alternative asset management and capital markets and insurance solutions, |

| | |
| --- | --- |
| — | LGP: private equity investment firm, |

| | |
| --- | --- |
| — | CNG: producer of high-performance, specialty films used in flexible packaging. |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 [(2)](#ntr2-C_2021256EN.01000601-E0002) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.10323 — KKR/LGP/CNG

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

| |
| --- |
| European Commission |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

---

[(1)](#ntc1-C_2021256EN.01000601-E0001)  [OJ L 24, 29.1.2004, p. 1](http://publications.europa.eu/resource/oj/JOL_2004_024_R_TOC) (the ‘Merger Regulation’).

[(2)](#ntc2-C_2021256EN.01000601-E0002)  [OJ C 366, 14.12.2013, p. 5](http://publications.europa.eu/resource/oj/JOC_2013_366_R_TOC).

---
Exhibit



Exhibit 10.2
Meredith Corporation 
1716 Locust Street
Des Moines, IA 50309 
T 515-284-3000


Tom Harty


Subject: Amendment to Employment Agreement 


Dear Tom,


Our records indicate you are party to an Employment Agreement (“Agreement”) with Meredith Corporation (“Meredith”). Upon your acceptance below, this letter shall serve as an Amendment to the Agreement.


Due to the unprecedented and negative effects of the COVID-19 pandemic, Meredith is implementing a reduction in pay program. The program reduces employee base salary by a set percentage within certain tiers. Accordingly, notwithstanding anything to the contrary in your Employment Agreement, you hereby acknowledge and agree that:


(i)    beginning May 4, 2020 (“Effective Date”), through September 4, 2020, your annual Base Salary (as defined in the Agreement) shall be reduced to $618,000 (before withholdings and deductions), (herein, “new Base Salary”), and will continue to be paid on a bi-weekly basis with the new Base Salary first reflected in your May 15, 2020 paycheck; and


(ii)    to the extent your new Base Salary is used to calculate any benefits paid through short term disability or any 401k benefits under the applicable Meredith plan, your new Base Salary as of the Effective Date may impact any such benefits to which you may be entitled under the terms of the applicable plan, but shall not otherwise modify or impact the benefits or payments to which you are entitled under any other benefit or compensation plan or agreement or the calculation of benefits or payments thereunder.


You further agree that this reduction in Base Salary, even if it reduces your Base Salary below any stated minimum in your Agreement, shall not constitute a breach of the Agreement and shall not allow you to resign your employment and receive separation pay under the Agreement or any severance plan.


This Amendment and the Agreement shall be construed in accordance with the laws of the State of Iowa without reference to the principles of conflict of laws. Except with respect to the changes expressly noted herein, the Agreement otherwise remains in full force and effect.


We do understand this is going to be tough for all of us, but we need everyone to continue to pull together so that we can emerge from this challenge even stronger. If you have questions, please contact your local HR representative.


Please electronically sign this letter by May 13, 2020.




MEREDITH CORPORATION


/s/ Dina Nathanson
SVP, Human Resources


I agree to the above Amendment and I understand that, except as amended above, the terms and conditions of my employment will continue to be governed by the aforesaid Agreement.






Signature: /s/ Thomas H. Harty                    Date of Signature: 5/12/2020


- 1 -
# C_2022251EN.01018201.xml

| 30.6.2022 | EN | Official Journal of the European Union | C 251/182 |
| --- | --- | --- | --- |

30.6.2022

EN

Official Journal of the European Union

C 251/182

---

P9_TA(2021)0496

EC/Gabon Fisheries Partnership Agreement: Implementing Protocol ***

European Parliament legislative resolution of 14 December 2021 on the draft Council decision on the conclusion, on behalf of the European Union, of the Implementing Protocol to the Fisheries Partnership Agreement between the Gabonese Republic and the European Community (2021-2026) (09172/2021 — C9-0253/2021 — 2021/0127(NLE))

(Consent)

(2022/C 251/30)

The European Parliament,

| — | having regard to the draft Council decision (09172/2021), |
| --- | --- |

—

having regard to the draft Council decision (09172/2021),

| — | having regard to the Implementing Protocol to the Fisheries Partnership Agreement between the Gabonese Republic and the European Community (2021-2026) (09171/2021), |
| --- | --- |

—

having regard to the Implementing Protocol to the Fisheries Partnership Agreement between the Gabonese Republic and the European Community (2021-2026) (09171/2021),

| — | having regard to the request for consent submitted by the Council in accordance with Article 43(2) and Article 218(6), second subparagraph, point (a) (v), and paragraph 7, of the Treaty on the Functioning of the European Union (C9-0253/2021), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 43(2) and Article 218(6), second subparagraph, point (a) (v), and paragraph 7, of the Treaty on the Functioning of the European Union (C9-0253/2021),

| — | having regard to Rule 105(1) and (4), and Rule 114(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 105(1) and (4), and Rule 114(7) of its Rules of Procedure,

| — | having regard to the opinion of the Committee on Budgets, |
| --- | --- |

—

having regard to the opinion of the Committee on Budgets,

| — | having regard to the recommendation of the Committee on Fisheries (A9-0316/2021), |
| --- | --- |

—

having regard to the recommendation of the Committee on Fisheries (A9-0316/2021),

1.

Gives its consent to the conclusion of the protocol;

2.

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Gabonese Republic.

---