alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 47.5, the Court has determined that this

opinion sh o uld not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

_________________ No. 96-30032
(Summary Calendar)

_________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

OSCAR NUNEZ,

Defendant-Appellant.

Appeal from the United States District Court For the Eastern District of Louisiana

(90 CR 333 M)

July 23, 1996 Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM: *

Oscar Nunez appeals the district court’s denial of his motion

to reduce his term of imprisonment under 18 U.S.C. § 3582(c)(2).

Nunez argues that the district court abused its discreti on in

dismi ssing his § 3852(c)(2) motion because Amendment 439, which
clarified § 1B1.3 of the Sentencing Guidelines, should be applied
retroactively to reduce his term of imprisonment. Because-2-

Amendment 439 is not listed as having retroactive application under

§ 1B1.10(c) of the Guidelines, Nunez may not obtain relief under
§ 3852(c)(2). See United States v. Pardue , 36 F.3d 429, 430 (5th
Cir. 1994), cert. denied , __ U.S. __, 115 S. Ct. 1969, 131 L. Ed.

2d 858 (1995); United States v. Miller , 903 F.2d 341, 349 (5th Cir.
1990).

AFFIRMED.
Editorial Note on Part 410
Editorial Note: Nomenclature changes to part 410 appear at 62 FR 46037, Aug. 29, 1997.

§ 410.55 Services related to kidney donations: Conditions. Medicare Part B pays for medical and other health services covered under this subpart that are furnished in connection with a kidney donation— ( a ) If the kidney is intended for an individual who has end-stage renal disease and is entitled to Medicare benefits; and
( b ) Regardless of whether the donor is entitled to Medicare.
Editorial Note on Part 413
Editorial Note: Nomenclature changes to part 413 appear at 76 FR 50537, August 22, 2014.

§ 413.172 Principles of prospective payment. ( a ) Payment for renal dialysis services as defined in § 413.171 and home dialysis services as defined in § 413.217 of this chapter are based on payment rates set prospectively by CMS.
( b ) All approved ESRD facilities must accept the prospective payment rates established by CMS as payment in full for covered renal dialysis services as defined in § 413.171 or home dialysis services. Approved ESRD facility means— ( 1 ) Any independent ESRD facility or hospital-based provider of services (as defined in § 413.174(b) and § 413.174(c) of this part) that has been approved by CMS to participate in Medicare as an ESRD supplier; or
( 2 ) Any approved independent facility with a written agreement with the Secretary. Under the agreement, the independent ESRD facility agrees— ( i ) To maintain compliance with the conditions for coverage set forth in part 494 of this chapter and to report promptly to CMS any failure to do so; and
( ii ) Not to charge the beneficiary or any other person for items and services for which the beneficiary is entitled to have payment made under the provisions of this part.
( c ) CMS publishes the methodology used to establish payment rates and the changes specified in § 413.196(b) in the Federal Register.
[62 FR 43668, Aug. 15, 1997, as amended at 73 FR 20474, Apr. 15, 2008; 75 FR 49198, Aug. 12, 2010]
# C_2005171EN.01001903.xml

| 9.7.2005 | EN | Official Journal of the European Union | C 171/19 |
| --- | --- | --- | --- |

9.7.2005

EN

Official Journal of the European Union

C 171/19

---

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 4 May 2005

in Case T-30/04 João Andrade Sena v European Aviation Safety Agency (1)

1

(AESA staff - Rejection of candidature for the post of Executive Director - Recruitment procedure - Statement of reasons - Manifest error of assessment - Principle of good administration)

(2005/C 171/35)

Language of the case: French

In Case T-30/04: João Andrade Sena, residing in Rhode-Saint-Genèse (Belgium), represented by G. Vandersanden, L. Levi and A. Finchelstein, lawyers, with an address for service in Luxembourg, against European Aviation Safety Agency (AESA) (Agent M. Junkkari assisted by D. Waelbroeck and I. Antypas, lawyers) — application for annulment of AESA's decisions to reject the applicant's candidature for the post of Executive Director and appoint another candidate to that post and also application for the payment of damages in respect of material and non-material damage — the Court of First Instance (Fourth Chamber), composed of H. Legal, President, P. Lindh and V. Vadapalas, Judges; I. Natsinas, Registrar, gave a judgment on 4 May 2005, in which it:

| 1. | Dismisses the application; |
| --- | --- |

1.

Dismisses the application;

| 2. | Orders AESA to pay the costs. |
| --- | --- |

2.

Orders AESA to pay the costs.

---

(1)  OJ C 94, 17.4.2004.

1

---
#### § 596.307 Monetary instruments.

The term *monetary instruments* shall have the meaning set forth in 18 U.S.C. 1956(c)(5), as from time to time amended. As of the effective date, this term includes coin or currency of the United States or of any other country, travelers' checks, personal checks, bank checks, and money orders, or investment securities or negotiable instruments, in bearer form or otherwise in such form that title thereto passes upon delivery.
# Comoros

43 items

        -    Report  		2021 Trafficking in Persons Report: Comoros	  July 1, 2021 
        -    Report  		2021 Fiscal Transparency Report: Comoros	  June 25, 2021 
        -    Report  		2020 Report on International Religious Freedom: Union of the Comoros	  May 12, 2021 
        -    Report  		2020 Country Reports on Human Rights Practices: Comoros	  March 30, 2021 
        -    Report  		2020 Trafficking in Persons Report: Comoros	  June 25, 2020 
        -    Report  		2019 Report on International Religious Freedom: Comoros	  June 10, 2020 
        -    Depositary Actions - Treaty Affairs  		Nuclear – IAEA Statute – Notification of Deposit of Instrument; Comoros September 17, 2020	   
        -    Report  		2019 Country Reports on Human Rights Practices: Comoros	  March 11, 2020 
        -    Report  		Comoros	  June 21, 2019 
        -    Report  		Comoros	  June 20, 2019 

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<PAGE>

                                                                    Exhibit 32.2

       CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF
                      2002 OF QUARTERLY REPORT ON FORM 10-Q
                                       OF
                                BELMONT BANCORP.
                       FOR THE QUARTER ENDED JUNE 30, 2003

The undersigned is the Chief Financial Officer of Belmont Bancorp. (the
"Issuer"). This Certification is made pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002. This Certification accompanies the Quarterly Report
on Form 10-Q of the Registrant for the quarterly period ended June 30, 2003.

I certify that the Quarterly Report on Form 10-Q for the quarterly period ended
June 30, 2003 fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and that the
information contained in such Quarterly Report fairly presents, in all material
respects, the financial condition and results of operations of the Issuer.

This Certification is executed as of August 8, 2003.

                                                         /s/ Jane R. Marsh
                                                         -----------------------
                                                         Jane R. Marsh
                                                         Chief Financial Officer

                                       27
§ 136.201 Applicability. The requirements of this Subpart shall apply to: ( a ) Health programs operated by the Indian Health Service (IHS).
( b ) Health programs operated by an urban Indian organization through a contract or grant under Title V of the Indian Health Care Improvement Act (IHCIA), Public Law 94-437, as amended.
( c ) Health programs operated by an Indian Tribe or Tribal organization pursuant to a contract or compact with the IHS under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 *et seq.*), provided that the Indian Tribe or Tribal organization has agreed in such contract or compact to be bound by this Subpart pursuant to 25 U.S.C. 450l and 458aaa-16(e), as applicable.
# Sierra Leone

58 items

        -    Report  		2020 Report on International Religious Freedom: Sierra Leone	  May 12, 2021 
        -    Press Statement  		Sierra Leone National Day	  Antony J. BlinkenApril 26, 2021 
        -    Report  		2020 Country Reports on Human Rights Practices: Sierra Leone	  March 30, 2021 
        -    DipNote: Anti-Corruption and Transparency  		Recognizing Anticorruption Champions Around the World	  James A. WalshFebruary 23, 2021 
        -    		Bureau of International Narcotics and Law Enforcement Affairs: Sierra Leone Summary	   
        -    Report  		2020 Investment Climate Statements: Sierra Leone	  September 8, 2020 
        -    Report  		2020 Trafficking in Persons Report: Sierra Leone	  June 25, 2020 
        -    Report  		2019 Report on International Religious Freedom: Sierra Leone	  June 10, 2020 
        -    Report  		2019 Country Reports on Human Rights Practices: Sierra Leone	  March 11, 2020 
        -    Report  		Sierra Leone	  June 21, 2019 

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40886.

#### TURNER v. HOUSER.

Decided September 29, 1964.

*380*Clower & Royal, E. J. Clower,*for plaintiff in error.

*.Fullbright & Duffey, Henry J. Fullbright, Jr.,*contra.

Eberhardt, Judge.

The contract between plaintiff and defendant, copy of which was attached to the petition, provided that “The owner agrees to pay the architect a total fee of seven (7) percent of [the] contract price.” The architect is obligated under the contract to furnish without additional cost to the *381owner all engineering and consulting services, the site planning, the living and transportation expenses of himself and his assistants and to hold all necessary conferences, make all preliminary studies, and prepare all working drawings, specifications, keep construction accounts, supervise the work and make all certificates for payment, etc., after which it was provided that “In the event of termination, the architect shall be entitled to only the prescribed portion of fee determined by the percentage to which construction is completed.”

Thus, the first count, seeking a recovery of “actual out of pocket costs on this work up to the time that defendant failed and refused to perform under said contract” is wholly inconsistent with the contract provisions and was subject to the general demurrer. *Allison v. Allman,*82 Ga. App. 574 (61 SE2d 672). Plaintiff did not, in that count, seek damages for the, breach as might have been done. See *Southern Land &c. Corp. v. Davis & Floyd Engineers, Inc.,*109 Ga. App, 191 (135 SE2d 454). Damages flowing from the breach do not consist of the out of pocket costs; rather it is the difference in the total amount to be paid under the contract and the cost of performance by the plaintiff. *Darlington Corp. v. Evans,*88 Ga. App. 84, 89 (76 SE2d 72). Count 1 alleged no recoverable damages, and was subject to the general demurrer. *Ryals v. Livingston,*45 Ga. App. 43 (163 SE 286).

It is otherwise, however, as to the second count in which plaintiff alleged performance on his own part up to the point where defendant breached by refusing further performance and sought to recover what he alleged to be the reasonable value of the services which had been rendered. He did not, in that count, declare upon the contract but upon a quantum meruit. *Shubert v. Speir,*201 Ga. 20 (38 SE2d 835). It was error to sustain a general demurrer as to it.

*Judgment affirmed in part; reversed in part.*

*Bell, P. J., and Jordan, J., concur.*
699 A.2d 718

#### OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. James Joseph FRITZ, Respondent.

No. 360 Disciplinary Docket No. 3.

Supreme Court of Pennsylvania.

Aug. 18, 1997.

*ORDER*

PER CURIAM:

AND NOW, this 18th day of August, 1997, there having been filed with this Court by James Joseph Fritz his verified Statement of Resignation dated July 14, 1997, stating that he desires to resign from the Bar of the Commonwealth of Pennsylvania in accordance with the provisions of Rule 215, Pa.R.D.E., it is

ORDERED that the resignation of James Joseph Fritz be and it is hereby accepted and he is DISBARRED ON CONSENT from the Bar of the Commonwealth of Pennsylvania; and it is further ORDERED that he shall comply with the provisions of Rule 217, Pa.R.D.E. Respondent shall pay costs, if any, to the Disciplinary Board pursuant to Rule 208(g), Pa.R.D.E.
# C_2005281EN.01000302.xml

| 12.11.2005 | EN | Official Journal of the European Union | C 281/3 |
| --- | --- | --- | --- |

12.11.2005

EN

Official Journal of the European Union

C 281/3

---

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 15 September 2005

in Case C-140/04: Reference for a preliminary ruling from the Hof van beroep te Antwerpen: United Antwerp Maritime Agencies NV v Belgische Staat, and Seaport Terminals NV v Belgische Staat, United Antwerp Maritime Agencies NV (1)

1

(Customs union - Creation of a customs debt on importation - Goods in temporary storage - Unlawful removal of the goods from customs supervision - Person liable for the debt)

(2005/C 281/07)

Language of the case: Dutch

In Case C-140/04: reference for a preliminary ruling under Article 234 EC from the Hof van beroep te Antwerpen (Belgium), made by decision of 11 March 2004, received at the Court on 16 March 2004, in the proceedings between United Antwerp Maritime Agencies NV v Belgische Staat, and Seaport Terminals NV and Belgische Staat, United Antwerp Maritime Agencies NV — the Court (First Chamber) composed of P. Jann, President of the Chamber, K. Lenaerts, J.N. Cunha Rodrigues (Rapporteur), E. Juhász and M. Ilešič, Judges; D. Ruiz-Jarabo Colomer, Advocate General, M. Ferreira, Principal administrator, for the, Registrar, gave a judgment on 15 September 2005, the operative part of which is as follows:

The fourth indent of Article 203(3) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code must be interpreted as meaning that ‘the person required to fulfil the obligations arising from temporary storage of the goods’ is the person who holds the goods after they have been unloaded in order to move or store them.

---

(1)  OJ C 106 of 30.04.2004.

1

---
#### RAY WALKER & ASSOCIATES, a foreign insurance agency doing business in the State of Florida, Appellant, v. JAY CAPONEY, INC., Appellee.

No. 75-889.

District Court of Appeal of Florida, Fourth District.

Oct. 10, 1975.

Frank E. Maloney, Jr., Fleming, O’Bryan & Fleming, Fort Lauderdale, for appellant.

Sheldon H. Hoffman, Hollywood, for appellee.

OWEN, Judge.

Defendant, a foreign insurance agency, was served with process under the provisions of Fla.Stat. § 48.193(1) (1973). This interlocutory appeal is from an order denying its motion to dismiss for lack of jurisdiction over the person.

Defendant delivered to the plaintiff in Florida on March 22, 1973 a policy of insurance issued by Lloyd’s of London on February 3, 1973. On August 19, 1973 certain property covered by the policy was stolen. When plaintiff attempted to collect under the policy for the loss, it was discovered that the policy did not provide coverage for theft. The complaint alleged that the defendant had breached its warranty and representation as to the coverage it could provide and had negligently failed to provide the proper policy, as a result of which conduct plaintiff had sustained monetary loss.

Though plaintiff’s loss did not occur until August 19, 1973, its cause of action accrued at the time defendant delivered the insurance policy on March 22, 1973. This date is prior to the effective date of Fla. Stat. § 48.193(1) (1973) under which statute plaintiff sought to perfect the service of process. The courts have held that this and similar statutes providing for constructive service may not be applied retroactively to causes of action which accrued prior to their effective dates. See, *Gordon v. John Deere Company,*264 So.2d 419 (Fla.1972); *Barton v. Keyes Company,*305 So. 2d 269 (3rd DCA Fla.1974); *Marshall v. Johnson,*301 So.2d 134 (1st DCA Fla.1974).

The order appealed is reversed and this cause remanded for further proceedings consistent herewith.

CROSS and MAGER, JJ., concur.
§ 403.250 Loss ratio calculations: General provisions. ( a ) *Basic formula.* The expected loss ratio is calculated by determining the ratio of benefits to premiums.
( b ) *Calculations.* The insuring organization must calculate loss ratios according to the provisions of §§ 403.251, 403.253, and 403.254.
#### Samuel Theodore BOYETTE, Petitioner, v. STATE of Florida, Respondent.

No. 47466.

Supreme Court of Florida.

Aug. 21, 1975.

Certiorari denied. 311 So.2d 786.

ADKINS, C. J., and ROBERTS, OVERTON and SUNDBERG, JJ., concur.

BOYD, J, dissents.
Exhibit 31.1
                                  CERTIFICATION

I, C. Jayson Brentlinger, certify that:

1.  I have reviewed this Report on Form 10-QSB of Circuit Research Labs, Inc.;

2.  Based on my knowledge, this report does not contain any untrue statement of
    a material fact or omit to state a material fact necessary to make the
    statements made, in light of the circumstances under which such statements
    were made, not misleading with respect to the period covered by this report;

3.  Based on my knowledge, the financial statements, and other financial
    information included in this report, fairly present in all material respects
    the financial condition, results of operations and cash flows of the
    registrant as of, and for, the periods presented in this report;

4.  The registrant's other certifying officers and I are responsible for
    establishing and maintaining disclosure controls and procedures (as defined
    in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

    (a)  Designed such disclosure controls and procedures, or caused such
         disclosure controls and procedures to be designed under our
         supervision, to ensure that material information relating to the
         registrant, including its consolidated subsidiaries, is made known to
         us by others within those entities, particularly during the period in
         which this report is being prepared;

    (b)  Evaluated the effectiveness of the registrant's disclosure controls
         and procedures presented in this report our conclusions about the
         effectiveness of the disclosure controls and procedures as of the end
         of the period covered by this report based on such evaluation; and

    (c)  Disclosed in this report any change in the registrant's internal
         control over financial reporting that occurred during the registrant's
         most recent fiscal quarter (the registrant's fourth fiscal quarter in
         the case of an annual report) that has materially affected, or is
         reasonably likely to materially affect, the registrant's internal
         control over financial reporting; and

5.  The registrant's other certifying officers and I have disclosed, based on
    our most recent evaluation of internal control over financial reporting, to
    the registrant's auditors and the audit committee of the registrant's board
    of directors (or persons performing the equivalent functions):

    (a) All significant deficiencies and material weaknesses in the design or
        operation of internal control over financial reporting which are
        reasonably likely to adversely affect the registrant's ability to
        record, process, summarize and report financial information; and

    (b) Any fraud, whether or not material, that involves management or other
        employees who have a significant role in the registrant's internal
        control over financial reporting.


Date: May 24, 2004


/s/ C. Jayson Brentlinger
-------------------------
C. Jayson Brentlinger
Chief Executive Officer, President and
Chairman of the Board
**Exhibit
21**
 
 LIST OF
SUBSIDIARIES
 
 SUBSIDIARIES
OF HUDSON UNITED BANCORP:
 
 Hudson
United Bank, organized under New Jersey business laws
 
 HUBCO
Capital Trust I, a Delaware statutory business trust
 
 HUBCO
Capital Trust II, a Delaware statutory business trust
 
 JBI
Capital Trust I, a Delaware statutory business trust
 
 Jefferson
Delaware, Inc. a service corporation for payment of JBI Capital
Trust
 
 Hudson
United Capital Trust I, a Delaware statutory business trust
 
 Hudson
United Capital Trust II, a Delaware statutory business trust
 
 Hudson
United Statutory Trust I, a Delaware statutory business trust
 
 
 SUBSIDIARIES
OF HUDSON UNITED BANK:
 
 HUB
Mortgage Investments, Inc., organized under New Jersey business laws, indirectly
through Hendrick Hudson Corp.
 
 Hendrick
Hudson Corp. of New Jersey, organized under New Jersey business
laws
 
 Lafayette
Development Corp., organized under New Jersey business laws
 
 Plural
Realty, Inc., organized under New York business laws
 
 PSB
Associates, Inc., organized under New York business laws
 
 AMBA
Realty Corporation, organized under Connecticut banking laws
 
 Riverdale
Timber Ridge, Inc., organized under New York business laws
 
 Hudson
Trader Brokerage Services, organized under New York business laws
 
 Hudson
Insurance Services Inc., organized under New Jersey business laws
 
 Flatiron
Credit Company, Inc, organized under Delaware business laws
 
 United
Gasco, LLC, organized under New Jersey business laws
 
 UC
Investments, Inc, organized under New Jersey business laws
 
 United
Cogen Fuel, LLC, organized under Delaware business laws
[Federal Register Volume 74, Number 168 (Tuesday, September 1, 2009)]
[Notices]
[Page 45256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21126]


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

NEIGHBORHOOD REINVESTMENT CORPORATION


Regular Board of Directors Meeting; Sunshine Act

Time and Date: 2 p.m., Tuesday, September 1 2009.

Place:  1325 G Street NW., Suite 800, Boardroom, Washington DC 20005.

Status:  Open.

Contact Person for More Information:  Erica Hall, Assistant Corporate 
Secretary, (202) 220-2376; <a href="/cdn-cgi/l/email-protection#c1a4a9a0adad81afb6efaeb3a6"><span class="__cf_email__" data-cfemail="7d18151c11113d130a53120f1a">[email protected]</span></a>.

Agenda: 

I. Call to Order.
II. Approval of the Minutes.
III. Summary Report of the Finance, Budget and Program Committee.
IV. Financial Report.
V. Corporate Scorecard.
VI. Chief Executive Officer's Quarterly Management Report.
VII. Adjournment.

Erica Hall,
Assistant Corporate Secretary.
[FR Doc. E9-21126 Filed 8-28-09; 11:15 am]
BILLING CODE 7570-02-P


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