alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
609 P.2d 596

#### Deborah KALAKOSKY, an unmarried person, Petitioner, v. The Honorable John P. COLLINS, Judge of the Superior Court, Pima County; and W. Russell Graham and Patricia Graham, husband and wife, real parties in interest, Respondents.

No. 2 CA-CIV 3538.

Court of Appeals of Arizona, Division 2.

March 11, 1980.

Michael A. Blum, Tucson, for petitioner.

Price & Price by J. Timothy Price, Tucson, for respondents/real parties in interest.

OPINION

HATHAWAY, Chief Judge.

An order of the respondent court denying petitioner’s motion to dismiss a complaint filed against her is the subject of this special action. As we agree with petitioner that the service of the summons and complaint on her attorney was insufficient to confer jurisdiction over her, we assume jurisdiction.

Briefly, the events preceding the motion to dismiss are as follows. On July 5, 1979, petitioner executed a power of attorney giving Michael A. Blum her power of attorney for the purpose of selling the house and real estate, livestock and household furnishings as listed in the petition for dissolution of marriage, number D-26457, and authorizing him to use such funds as were obtained from these sales to pay petitioner’s share of the debts listed on this same petition for dissolution. On October 6, 1979, Mr. Blum signed a deposit receipt and agreement for the sale of the real estate. On December 26, 1979, real parties in interest Graham, purchasers of the property, served a summons and complaint on petitioner, a named defendant, by service upon her attorney Michael A. Blum. A motion to dismiss was filed by petitioner, alleging lack of jurisdiction over her and insufficiency of process. The Grahams opposed the motion to dismiss, relying on attached copies of the deposit receipt and agreement and the power of attorney.

16 A.R.S., Rules of Civil Procedure, rule 4(d)(1), authorizes services of process “by delivering a copy of the sum*327mons and of the complaint to an agent authorized by appointment or by law to receive service of process.” The term “agent authorized by appointment” means actual appointment, express or implied, for the purpose of receiving service of process. *Schultz v. Schultz,*436 F.2d 635 (7th Cir. 1971); *Nelson v. Swift,*271 F.2d 504 (D.C. Cir. 1959); *U. S. v. Marple Community Record, Inc.,*335 F.Supp. 95 (E.D.Pa.1971); *Foster v. Lewis,*78 Nev. 330, 372 P.2d 679 (1962). See also, Annot., 11 L.Ed.2d 1036; Annot., 26 A.L.R.2d 1086; 2 Moore’s Fed. Prac., 2nd ed. Sec. 4.12. The power of attorney executed by petitioner was for a limited purpose. As her attorney had not been appointed to receive service of process, petitioner’s motion to dismiss should have been granted.

The order denying the motion to dismiss is hereby set aside with directions to enter an appropriate order.

HOWARD and RICHMOND, JJ., concur.
§ 884.5320 Glans sheath. ( a ) *Identification.* A glans sheath device is a sheath which covers only the glans penis or part thereof and may also cover the area in the immediate proximity thereof, the corona and frenulum, but not the entire shaft of the penis. It is indicated only for the prevention of pregnancy and not for the prevention of sexually-transmitted diseases.
( b ) *Classification.* Class III (premarket approval).
( c ) *Date premarket approval application (PMA) or notice of completion of a product development protocol (PDP) is required.* A PMA or a notice of completion of a PDP is required to be filed with the Food and Drug Administration on or before September 12, 2002, for any glans sheath that was in commercial distribution before May 28, 1976, or that has, on or before September 12, 2002, been found to be substantially equivalent to a glans sheath that was in commercial distribution before May 28, 1976. Any other glans sheath shall have an approved PMA or declared completed PDP in effect before being placed in commercial distribution.
[59 FR 67187, Dec. 29, 1994, as amended at 67 FR 40849, June 14, 2002]
Editorial Note on Part 866
Editorial Note: Nomenclature changes to part 866 appear at 73 FR 35341, June 23, 2008.

§ 866.3040 *Aspergillus* spp. serological reagents. ( a ) *Identification. Aspergillus* spp. serological reagents are devices that consist of antigens and antisera used in various serological tests to identify antibodies to *Aspergillus* spp. in serum. The identification aids in the diagnosis of aspergillosis caused by fungi belonging to the genus *Aspergillus.* Aspergillosis is a disease marked by inflammatory granulomatous (tumor-like) lessions in the skin, ear, eyeball cavity, nasal sinuses, lungs, and occasionally the bones.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to § 866.9.
[47 FR 50823, Nov. 9, 1982, as amended at 65 FR 2311, Jan. 14, 2000]
<PAGE>


                                 Exhibit 11

               STATEMENT RE: COMPUTATION OF PER SHARE EARNINGS
                                 (unaudited)
 
<TABLE>
<CAPTION>
                                                             THREE MONTHS ENDED       NINE MONTHS ENDED SEPTEMBER
                                                                SEPTEMBER 30,                     30,
                                                         ---------------------------  ---------------------------
<S>                                                      <C>           <C>            <C>            <C>
                                                             1997          1996           1997           1996
                                                         ------------  -------------  -------------  ------------
Net income.............................................  $  4,171,549  $   3,097,501  $  11,347,960  $  8,673,491
Weighted average common shares outstanding.............     7,551,352      7,178,976      7,530,590     7,057,317
Primary earnings per share.............................  $       0.55  $        0.43  $        1.51  $       1.23
                                                         ------------  -------------  -------------  ------------
                                                         ------------  -------------  -------------  ------------
Net income.............................................  $  4,171,549                 $  11,347,960
Adjustments net of tax:
Interest expense on convertible debt...................       823,418                     2,477,188
Amortization of debt offering costs....................        64,017                       192,589
                                                         ------------                ------------- 
Fully diluted net income...............................  $  5,058,984                 $  14,017,737
                                                         ------------                 ------------- 
                                                         ------------                 ------------- 
Weighted average common shares outstanding.............     7,551,352                     7,530,590
Common stock equivalents due to dilutive effect of
  stock options........................................       246,280                       221,927
Shares converted from convertible debt.................     2,628,340                     2,628,340
                                                         ------------                 ------------- 
Total outstanding shares for fully diluted earnings per
  share computation....................................    10,425,972                    10,380,858
Fully diluted earnings per share.......................  $       0.49                 $        1.35
                                                         ------------                 ------------- 
                                                         ------------                 ------------- 
</TABLE>
 
                                       20
# C_2015228EN.01001401.xml

| 13.7.2015 | EN | Official Journal of the European Union | C 228/14 |
| --- | --- | --- | --- |

13.7.2015

EN

Official Journal of the European Union

C 228/14

---

Order of the General Court of 18 May 2015 — ABZ Aardbeien Uit Zaad Holding and Others v Parliament and Council

(Case T-560/14) (1)

1

((Action for annulment - Regulation (EU) No 511/2014 - Measures concerning compliance by users in the Union with the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation - Lack of individual concern - Inadmissibility))

(2015/C 228/17)

Language of the case: English

Parties

Parties

Applicants: ABZ Aardbeien Uit Zaad Holding BV (Hoorn NH, Netherlands) and the other applicants whose names are listed in the annex to the order (represented by: P. de Jong, P. Vlaemminck and B. Van Vooren, lawyers)

Applicants:

Defendants: European Parliament (represented by: L. Visaggio, J. Rodrigues and R. Van de Westelaken, acting as Agents) and Council of the European Union (represented by: M. Moore and M. Simm, acting as Agents)

Defendants:

Re:

Re:

Action for annulment of Regulation (EU) No 511/2014 of the European Parliament and of the Council of 16 April 2014 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation in the Union (OJ 2014 L 150, p. 59).

Operative part of the order

Operative part of the order

| 1. | The action is dismissed as inadmissible. |
| --- | --- |

1.

The action is dismissed as inadmissible.

| 2. | There is no need to rule on the application for leave to intervene lodged by the European Seed Association (ESA) and the Association internationale des producteurs de l’horticulture (AIPH). |
| --- | --- |

2.

There is no need to rule on the application for leave to intervene lodged by the European Seed Association (ESA) and the Association internationale des producteurs de l’horticulture (AIPH).

| 3. | ABZ Aardbeien Uit Zaad Holding BV and the other applicants whose names are listed in the annex shall bear their own costs and pay those incurred by the European Parliament and the Council of the European Union. |
| --- | --- |

3.

ABZ Aardbeien Uit Zaad Holding BV and the other applicants whose names are listed in the annex shall bear their own costs and pay those incurred by the European Parliament and the Council of the European Union.

---

(1)  OJ C 388, 3.11.2014.

1

---
[if !vml]>[endif]>
[if !vml]>[endif]>
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**Title:****Generic environmental impact statementfor license renewal of nuclear plants. Supplement 30, regarding Vermont YankeeNuclear Power Station, final report.
 
Report | Appendices
 
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Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Agriculture

###### Rural Utilities Service

          - RIN 0572-ZA01

# AGENCY:

Rural Utilities Service, Department of Agriculture.

      ( print page 10456)    

# ACTION:

Notice of Extension of Application Window for Notice of Funds Availability (NOFA) and solicitation of applications.

# SUMMARY:

                        On January 24, 2010, the Rural Utilities Service (RUS) announced a second round funding Notice of Funds Availability (NOFA) for the Broadband Initiatives Program (BIP) in the                         **Federal Register**                         at 75 FR 3820. The closing date for submission of applications was announced as March 15, 2010, at 5 p.m. Eastern Time (ET). In response to requests by a wide variety of stakeholders, RUS is extending the application window for applications under the second round NOFA until March 29, 2010 at 5 p.m. ET.                    

*Contact Information:*                         For general inquiries regarding BIP, contact David J. Villano, Assistant Administrator Telecommunications Program, Rural Utilities Service, U.S. Department of Agriculture (USDA),                         *e-mail: bip@wdc.usda.gov, telephone:*                         (202) 690-0525. For inquiries regarding BIP compliance requirements, including applicable federal rules and regulations protecting against fraud, waste and abuse, contact                         *bipcompliance@wdc.usda.gov*                         for BIP. You may obtain additional information regarding applications for BIP via the Internet at                         *www.broadbandusa.gov*.                    

Dated: March 2, 2010.

Jonathan Adelstein,

Administrator, Rural Utilities Service.

[FR Doc. 2010-4780 Filed 3-5-10; 8:45 am]

BILLING CODE P
§ 884.5250 Cervical cap. ( a ) *Identification.* A cervical cap is a flexible cuplike receptacle that fits over the cervix to collect menstrual flow or to aid artificial insemination. This generic type of device is not for contraceptive use.
( b ) *Classification.* Class II (performance standards).
I 

118TH CONGRESS 

2D SESSION H. R. 7512 

To amend title XVIII of the Social Security Act to ensure implementation 

of real-time benefit tools under part D of the Medicare program. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 1, 2024 

Mr. ARRINGTON (for himself and Mr. PANETTA) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title XVIII of the Social Security Act to ensure 

implementation of real-time benefit tools under part D 

of the Medicare program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Real-Time Benefit 

5 Tool Implementation Act’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 7512 IH

1 SEC. 2. ENSURING IMPLEMENTATION OF REAL-TIME BEN2 EFIT TOOLS UNDER PART D OF THE MEDI3 CARE PROGRAM. 

4 Section 1860D–4(o) of the Social Security Act (42 

5 U.S.C. 1395w–104) is amended by striking paragraph (1) 

6 and inserting the following: 

7 ‘‘(1) IN GENERAL.—Not later than January 1, 

8 2027, a PDP sponsor of a prescription drug plan 

9 shall implement one or more electronic real-time 

10 benefit tools that meet the requirements described in 

11 paragraph (2).’’. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
Exhibit 23

Consent of Independent Registered Public Accounting Firm

The Board of Directors

ViroPharma Incorporated:

We
consent to the incorporation by reference in the registration statements on Form S-8 (No. 333-34129, No. 333-38248, No. 333-60951, No. 333-38256, No. 333-109600 and No. 333-127188) and registration statements on Form S-3
(No. 333-37960, No. 333-64482, No. 333-99533, No. 333-122315 and No. 333-123994) of ViroPharma Incorporated of our reports dated March 2, 2006, with respect to the consolidated balance sheets of ViroPharma Incorporated and
subsidiaries as of December 31, 2005 and 2004, and the related consolidated statements of operations, comprehensive income (loss), stockholders equity (deficit) and cash flows for each of the years in the three-year period ended
December 31, 2005, managements assessment of the effectiveness of internal control over financial reporting as of December 31, 2005 and the effectiveness of internal control over financial reporting as of December 31, 2005,
which reports appear in the December 31, 2005 Annual Report on Form 10-K of ViroPharma Incorporated.



|                          
|--------------------------
|/s/ KPMG LLP              
|Philadelphia, Pennsylvania
|March 2, 2006
I 

118TH CONGRESS 

2D SESSION H. R. 7953 

To amend title 10, United States Code, to allow members of the Selected 

Reserve and National Guard holding employment within the Federal 

Government the choice between military and civilian healthcare plans, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 11, 2024 

Mrs. KIGGANS of Virginia (for herself, Mr. KIM of New Jersey, Mr. WITTMAN, 

Mr. TURNER, Mr. GIMENEZ, and Mr. KELLY of Mississippi) introduced 

the following bill; which was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to allow members 

of the Selected Reserve and National Guard holding employment within the Federal Government the choice between military and civilian healthcare plans, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Servicemember 

5 Healthcare Freedom Act of 2024’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 7953 IH

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Thousands of members of reserve compo4 nents and the National Guard, in addition to their 

5 military service, work for the United States Govern6 ment in a civilian capacity. 

7 (2) Nearly all members of the Selected Reserve 

8 and the National Guard, and their families, are enti9 tled to purchase a TRICARE Reserve Select (TRS) 

10 healthcare plan as a service-related benefit. 

11 (3) As of the day before the date of the enact12 ment of this Act, eligibility for Federal Employee 

13 Health Benefits (FEHB) prohibits members of the 

14 Selected Reserve and National Guard from enrolling 

15 in Tricare Reserve Select plans. 

16 (4) Removal of such prohibition for members of 

17 the Selected Reserve and the National Guard will 

18 provide continuity of care throughout mobilization 

19 cycles. 

20 (5) Providing members of the Armed Forces 

21 with the ability to purchase comprehensive, low-cost 

22 health insurance increases the readiness and 

23 lethality of the Armed Forces as a whole. 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•HR 7953 IH

1 SEC. 3. MODIFICATION OF EXPIRATION DATE TO ALLOW 

2 MEMBERS OF THE SELECTED RESERVE AND 

3 NATIONAL GUARD, ELIGIBLE FOR FEDERAL 

4 EMPLOYEE HEALTH BENEFITS, TO ENROLL 

5 INTO TRICARE RESERVE SELECT AS OF JAN6 UARY 1, 2025. 

7 Section 1076d(a)(2) of title 10, United States Code, 

8 is amended by striking ‘‘January 1, 2030’’ and inserting 

9 ‘‘January 1, 2025’’. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
Editorial Note on Part 872
Editorial Note: Nomenclature changes to part 872 appear at 73 FR 35341, June 23, 2008.

§ 872.3740 Retentive and splinting pin. ( a ) *Identification.* A retentive and splinting pin is a device made of austenitic alloys or alloys containing 75 percent or greater gold and metals of the platinum group intended to be placed permanently in a tooth to provide retention and stabilization for a restoration, such as a crown, or to join two or more teeth together.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 872.9
[52 FR 30097, Aug. 12, 1987, as amended at 60 FR 38900, July 28, 1995; 66 FR 38798, July 25, 2001]
### The HONORAB LE WILLIAM R. WILSON, JR., United States District 1 

### Judge for the Eastern District of Arkansas. ___________ No. 96-1580

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. James Edward Hicks, * * [UNPUBLISHED] Appellant. *

___________ Submitted: February 5, 1997 Filed: February 7, 1997

___________ Before McMILLIAN, FAGG, and LOKEN, Circuit Judges.

___________ PER CURIAM. James Hicks appeals his conviction a nd 112-month sentence imposed by the district court following his co nditional guilty plea to possessing an 1 unregistered firearm, in violation of 26 U.S.C. §§ 5861(d) and 5871. We affirm. Hicks arg ues that the district court erred in denying his motion to su ppress the shotgun found in his car at the time of his arrest. W e conclude the district court did not clearly err, as the evidence in th e record shows the officers had probable cause to arrest Hicks; thus, th e contemporaneous search of the car was valid as a search incident to arrest and as an inventory s earch. See United States v. Clapp , 46 F.3d 795, 799 (8th Cir. 1995) (standard of review); United States v. Cummins , 920 F.2d 498, 502 (8th Cir.

### -2-

1990), cert. denied , 502 U.S. 962 (1991). Hicks also argues that the district court erred in denying hi s request for a downward departure under U.S. Sentencing Guidelines Manual § 4A1.3 (1995) (over-represented criminal history). Hicks has not shown nor does the record indicate that the district court was unaware of it s aut hority to depart from the Guidelines range. Consequently, we canno t review the district court's discretionary refusal to depart. See United States v. Elkins , 16 F.3d 952, 954 (8th Cir. 1994). Finally, we reject Hicks's challenge to the constitutionality o f section 5 861(d). See United States v. Aiken , 974 F.2d 446, 448-49 (4t h Cir. 1992); United States v. Parker , 960 F.2d 498, 500 (5th Cir. 1992); se e also United States v. Hale , 978 F.2d 1016, 1018 (8th Cir. 1992), cert . denied , 507 U.S. 997 (1993). Accordingly, we affirm. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.