alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
40911.

#### LANCASTER et al. v. CASEY.

Decided September 21, 1964.

*279
      *Gary E.*Gowen, for plaintiff in error.

*Harrison & Henry, Robert W. Harrison, Jr., Q. Robert Henry,*contra.

Eberhardt, Judge.

Defendant’s attack on the subject matter jurisdiction of the superior court in this case is made under 28 USCA § 1388, which provides in part: “The District Courts shall have original jurisdiction, exclusive of the Courts of the States, of: (1) Any civil case of Admiralty or Maritime jurisdiction, saving to suitors in all cases all other remedies to which they are entitled.” Plaintiff relies on the “saving to suitors” clause to sustain State court jurisdiction.

We view the proposition as settled by *Walter v. Kierstead,*74 Ga. 18. At the time of this 1884 decision, the “saving to suitors” clause was “saving to suitors, in all cases, the right of a common law remedy.” That provision was substantially the same as the present one, only narrower in its implications. *Walter*involved an attachment case arising out of damage to plaintiff’s dredge allegedly caused by defendant’s barque. The jurisdictional attack was the same as that advanced here. The court held at page 24 that “The intention of the statute was to confer exclusive admiralty and maritime jurisdiction upon the [Federal] district courts, at the same time leaving to the suitor his option of seeking redress at common law.”

*In personam*suits, as distinguished from the *in rem*suits common to admiralty, clearly fall within the “other remedies” mentioned in the statute. See 59 ALR 504.

The jurisdiction of the subject matter is concurrent and the *280forum is to be selected at the option of the plaintiff. The plea to the jurisdiction was improperly sustained.

*Judgment reversed.*

*Bell, P. J., and Jordan, J., concur.*
§ 402.209 Scope and effect of exclusion. ( a ) *Scope of exclusion.* Under this title, persons may be excluded from the Medicare, Medicaid, and, where applicable, any other Federal health care programs.
( b ) *Effect of exclusion on a person(s).* ( 1 ) Unless and until an excluded person is reinstated into the Medicare program, no payment is made by Medicare, Medicaid, and, where applicable, any other Federal health care programs for any item or service furnished by the excluded person or at the direction or request of the excluded person when the person furnishing the item or service knew or had reason to know of the exclusion, on or after the effective date of the exclusion as specified in the notice of exclusion.
( 2 ) An excluded person may not take assignment of a Medicare beneficiary's claim on or after the effective date of the exclusion.
( 3 ) An excluded person that submits, or causes to be submitted, claims for items or services furnished during the exclusion period is subject to civil money penalty liability under section 1128A(a)(1)(D) of the Act, and criminal liability under section 1128B(a)(3) of the Act. In addition, submission of claims, or the causing of claims to be submitted for items or services furnished, ordered, or prescribed, by an excluded person may serve as the basis for denying reinstatement to the Medicare program.
( c ) *Exceptions.* ( 1 ) If a Medicare beneficiary or other person (including a supplier) submits an otherwise payable claim for items or services furnished by an excluded person, or under the medical direction or on the request of an excluded person after the effective date of the exclusion, CMS pays the first claim submitted by the beneficiary or other person and immediately notifies the claimant of the exclusion. CMS does not pay a beneficiary or other person (including a supplier) for items or services furnished by, or under, the medical direction of an excluded person more than 15 days after the date on the notice to the beneficiary or other person (including a supplier), or after the effective date of the exclusion, whichever is later.
( 2 ) Notwithstanding the other provisions of this section, payment may be made for certain emergency items or services furnished by an excluded person, or under the medical direction or on the request of an excluded person during the period of exclusion. To be payable, a claim for the emergency items or services must be accompanied by a sworn statement of the person furnishing the items or services, specifying the nature of the emergency and the reason that the items or services were not furnished by a person eligible to furnish or order the items or services. No claim for emergency items or services is payable if those items or services were provided by an excluded person that, through employment, contractual, or under any other arrangement, routinely provides emergency health care items or services.
§ 405.925 Decisions of utilization review committees. ( a ) *General rule.* A decision of a utilization review committee is a medical determination by a staff committee of the provider or a group similarly composed and does not constitute a determination by the Secretary within the meaning of section 1869 of the Act. The decision of a utilization review committee may be considered by CMS along with other pertinent medical evidence in determining whether or not an individual has the right to have payment made under Part A of title XVIII.
( b ) *Applicability under the prospective payment system.* CMS may consider utilization review committee decisions related to inpatient hospital services paid for under the prospective payment system (see part 412 of this chapter) only as those decisions concern: ( 1 ) The appropriateness of admissions resulting in payments under subparts D, E and G of part 412 of this chapter.
( 2 ) The covered days of care involved in determinations of outlier payments under § 412.80(a)(1)(i) of this chapter; and
( 3 ) The necessity of professional services furnished in high cost outliers under § 412.80(a)(1)(ii) of this chapter.
[48 FR 39831, Sept. 1, 1983. Redesignated at 77 FR 29028, May 16, 2012]
#### § 405.960 Right to a reconsideration.

A person or entity that is a party to a redetermination made by a contractor as described under § 405.940 through § 405.958, and is dissatisfied with that determination, may request a reconsideration by a QIC in accordance with § 405.962 through § 405.966, regardless of the amount in controversy.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2781 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 2781

 To authorize the Secretary of the Interior to provide loan guarantees 
for water supply, conservation, quality, and transmission projects, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 14, 1995

  Mr. Ensign introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL

 
 To authorize the Secretary of the Interior to provide loan guarantees 
for water supply, conservation, quality, and transmission projects, and 
                          for other purposes.

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

SECTION 1. RESCISSION OF SMALL RECLAMATION PROJECT LOAN AUTHORIZATION.

    Of the available authority balances under the Small Reclamation 
Projects Act (43 U.S.C. 422 et seq.) $440,000,000 are rescinded.

SEC. 2. RECLAMATION PROJECT LOAN GUARANTEE PROGRAM.

    In order to encourage State, local and private participation in the 
development of reclamation projects, the Secretary of the Interior is 
authorized to provide loan guarantees to the developers, including 
nongovernment entities, of water supply, water conservation, water 
quality and water transmission projects. Guaranteed loans shall bear 
interest at the rate agreed upon by the borrower and the lender. The 
amount of guaranteed loans shall be subject only to such limitations as 
to amounts as may be authorized from time to time by the Congress: 
Provided, That any amounts guaranteed hereunder shall not be included 
in the totals of the budget of the United States Government and shall 
be exempt from any general limitation imposed by statute on budget 
outlays of the United States. As used in this Act a guaranteed loan is 
one which is initially made, held, and serviced by a legally organized 
lending institution and which is guaranteed by the Secretary hereunder.

SEC. 3. GUARANTY AS AN OBLIGATION BACKED BY THE FULL FAITH AND CREDIT 
              OF THE UNITED STATES.

    All guaranties issued pursuant to this Act shall constitute 
obligations, in accordance with the terms of such guaranties, of the 
United States Government and the full faith and credit of the United 
States is hereby pledged to the full payment and performance of such 
obligations.

SEC. 4. LIMITATION ON CONTINGENT LIABILITY.

    The maximum contingent liability outstanding at any time pursuant 
to guaranties issued under this Act shall not exceed in the aggregate 
$500,000,000.

SEC. 5. AUTHORIZATION OF APPROPRIATION.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act.
                                 <all>
```
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              JUN-30-2000
<PERIOD-END>                                   SEP-30-2000
<CASH>                                         275,630
<SECURITIES>                                   0
<RECEIVABLES>                                  925,144
<ALLOWANCES>                                   30,000
<INVENTORY>                                    128,229
<CURRENT-ASSETS>                               1,772,453
<PP&E>                                         785,593
<DEPRECIATION>                                 363,121
<TOTAL-ASSETS>                                 7,101,895
<CURRENT-LIABILITIES>                          1,940,111
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       84,278
<OTHER-SE>                                     8,065,354
<TOTAL-LIABILITY-AND-EQUITY>                   7,101,895
<SALES>                                        181,212
<TOTAL-REVENUES>                               1,176,710
<CGS>                                          130,830
<TOTAL-COSTS>                                  717,616
<OTHER-EXPENSES>                               951,672
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             19,650
<INCOME-PRETAX>                                (512,228)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (512,228)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (512,228)
<EPS-BASIC>                                    (.01)
<EPS-DILUTED>                                  (.01)



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

<ARTICLE> 9

<S>                                     <C>
<PERIOD-TYPE>                                  YEAR
<FISCAL-YEAR-END>                          DEC-31-1994
<PERIOD-END>                               DEC-31-1994
<CASH>                                         3435866
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                               2640000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    7186984
<INVESTMENTS-CARRYING>                         9493656
<INVESTMENTS-MARKET>                           9393000
<LOANS>                                       34775066
<ALLOWANCE>                                     502145
<TOTAL-ASSETS>                                60687141
<DEPOSITS>                                    51497625
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                             433014
<LONG-TERM>                                    3577508
<COMMON>                                             0
<PREFERRED-MANDATORY>                          3604630
<PREFERRED>                                    1067088
<OTHER-SE>                                      507276
<TOTAL-LIABILITIES-AND-EQUITY>                60687141
<INTEREST-LOAN>                                3285524
<INTEREST-INVEST>                               739888
<INTEREST-OTHER>                                 84242
<INTEREST-TOTAL>                               4109654
<INTEREST-DEPOSIT>                             1377954
<INTEREST-EXPENSE>                             1646927
<INTEREST-INCOME-NET>                          2462727
<LOAN-LOSSES>                                 (180000)
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                2213202
<INCOME-PRETAX>                                 793616
<INCOME-PRE-EXTRAORDINARY>                      508116
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    508116
<EPS-PRIMARY>                                      .28
<EPS-DILUTED>                                      .28
<YIELD-ACTUAL>                                     4.8
<LOANS-NON>                                      30000
<LOANS-PAST>                                    168000
<LOANS-TROUBLED>                                 46000
<LOANS-PROBLEM>                                 282000
<ALLOWANCE-OPEN>                                621000
<CHARGE-OFFS>                                    35000
<RECOVERIES>                                     96000
<ALLOWANCE-CLOSE>                               502000
<ALLOWANCE-DOMESTIC>                            502000
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
Editorial Note on Part 409
Editorial Note: Nomenclature changes to part 409 appear at 62 FR 46037, Aug. 29, 1997.

§ 409.50 Coinsurance for durable medical equipment (DME) and applicable disposable devices furnished as a home health service. The coinsurance liability of the beneficiary or other person for the following home health services is: ( a ) DME—20 percent of the customary (insofar as reasonable) charge.
( b ) An applicable disposable device (as defined in section 1834(s)(2) of the Act)—20 percent of the payment amount for the disposable Negative Pressure Wound Therapy (NPWT) device (as that term is defined in § 484.202 of this chapter).
[81 FR 76796, Nov. 3, 2016, as amended at 88 FR 77874, Nov. 13, 2023]
# C_2005315EN.01000202.xml

| 10.12.2005 | EN | Official Journal of the European Union | C 315/2 |
| --- | --- | --- | --- |

10.12.2005

EN

Official Journal of the European Union

C 315/2

---

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

of 20 October 2005

in Case C-264/03: Commission of the European Communities v French Republic (1)

1

(Failure of a Member State to fulfil obligations - Public contracts - Directive 92/50/EEC - Procedures for the award of public service contracts - Freedom to provide services - Agency of delegated project contracting - Persons to whom the task of delegated project contracting may be entrusted - Exhaustive list of legal persons created under French law)

(2005/C 315/04)

Language of the case: French

In Case C-264/03: ACTION under Article 226 EC for failure to fulfil obligations, brought on 17 June 2003, Commission of the European Communities (Agents: B. Stromsky, K. Wiedner and F. Simonetti) v French Republic (Agents: G. de Bergues and D. Petrausch — the Court (Third Chamber), composed of A. Rosas (Rapporteur), President of the Chamber, J. Malenovský, J.-P. Puissochet, A. Borg Barthet and U. Lõhmus, Judges; Advocate General: M. Poiares Maduro, Registrar: K. Sztranc, Administrator, gave a judgment on 20 October 2005, in which it:

Declares that, by reserving, in Article 4 of Law No 85-704 of 12 July 1985 on public project contracting and its relationship to private project management, as amended by Law No 96-987 of 14 November 1996 on the implementation of the urban revival pact, the task of delegated project contracting to an exhaustive list of legal persons created under French law, the French Republic has failed to fulfil its obligations under Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, as amended by European Parliament and Council Directive 97/52/EC of 13 October 1997, and under Article 49 EC.

---

(1)  OJ C 200 of 23.08.2003.

1

---
HomeNicaragua

# Nicaragua

139 items

        -    Press Statement  		Holding the Nicaraguan Regime Accountable	  Ned PriceJune 17, 2022 
        -    Press Statement  		Visa Restrictions on Ortega-Murillo Regime Officials for Undermining Democracy	  Antony J. BlinkenJune 13, 2022 
        -    Interview  		Secretary Antony J. Blinken With Jorge Ramos of TelevisaUnivision	  Antony J. BlinkenJune 9, 2022Los Angeles Convention CenterLos Angeles, California 
        -    Report  		2021 Report on International Religious Freedom: Nicaragua	  June 2, 2022 
        -    Special Briefing via Telephone  		Telephonic Press Briefing with Juan Gonzalez, National Security Council Senior Director for the Western Hemisphere and Brian A. Nichols, Assistant Secretary of State for Western Hemisphere Affairs, Bureau of Western Hemisphere Affairs	  Brian A. NicholsJune 1, 2022 
        -    Report  		2021 Country Reports on Human Rights Practices: Nicaragua	  April 12, 2022 
        -    Special Briefing via Telephone  		Telephonic Press Briefing with Katie Tobin, Special Assistant to President Biden and Senior Director for Transborder at the National Security Council	  March 11, 2022 
        -    Press Statement  		U.S. Action Against Corruption and Attacks on Democracy in Nicaragua	  Ned PriceMarch 9, 2022 
        -    Child Protection  		Virginia Woman Who Fled To Nicaragua With Her Child For More Than A Decade Pleads Guilty To International Parental Kidnapping	  February 16, 2022 
        -    Special Briefing via Telephone  		Telephonic Press Briefing with Brian A. Nichols, Assistant Secretary of State for Western Hemisphere Affairs, on the IX Summit of the Americas	  Brian A. NicholsJanuary 20, 2022 

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No. 99-1957.

#### Havana Club Holding, S. A., et al. v. Bacardi & Co. Ltd. et al.

C. A. 2d Cir. Motions of French National Committee of International Chamber of Commerce et al. and Organization for International Investment et al. for leave to file briefs as amici curiae granted. Certiorari denied.
HomePeru

# Peru

179 items

        -    TIAS  		Peru (02-323) – Agreement Concerning the Program of the Peace Corps in Peru	  March 23, 2002 
        -    		Saul Jesus Diaz  Diaz Herrera	  March 20, 2002 
        -    DS Memorial  		Saul Jesus Diaz Herrera	  March 20, 2002 
        -    TIAS  		Peru (99-208) – Air Transport Agreement	  February 8, 1999 
        -    TIAS  		Peru (12914) – Agreement Concerning the Establishment of an Americas Fund and Administering Board	  December 24, 1997 
        -    TIAS  		Peru (12874) – Agreement for Cooperation in the Global Learning and Observations to Benefit the Environment (GLOBE) Program	  July 10, 1997 
        -    TIAS  		Peru (97-609) – Memorandum of Understanding Concerning Cultural Property, with Amendments and Extensions	  June 9, 1997 
        -    TIAS  		Peru (93-309) – SWAP Agreement	  March 9, 1993 
        -    DS Memorial  		Jose Luis Wilfredo Saravia Avila	  February 11, 1992 

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HomeLuxembourg

# Luxembourg

50 items

        -    Remarks  		Statement on the Signing Agreement Between the Grand Duchy of Luxembourg, the Jewish Community of Luxembourg, the World Jewish Restitution Organization, and the Luxembourg Foundation for the Memory of the Shoah	  Cherrie DanielsJanuary 27, 2021Washington, DC 
        -    Report  		2020 Investment Climate Statements: Luxembourg	  September 8, 2020 
        -    Report  		The JUST Act Report: Luxembourg	  July 29, 2020 
        -    Bilateral Relations Fact Sheet  		U.S. Relations With Luxembourg	  July 27, 2020 
        -    Report  		2020 Trafficking in Persons Report: Luxembourg	  June 25, 2020 
        -    Report  		2019 Report on International Religious Freedom: Luxembourg	  June 10, 2020 
        -    TIAS  		Luxembourg (20-402) – Agreement Concerning Reciprocal Defense Procurement	  April 2, 2020 
        -    Report  		2019 Country Reports on Human Rights Practices: Luxembourg	  March 11, 2020 
        -    TIAS  		Luxembourg (19-909) – Double Taxation Agreement	   
        -    Report  		Luxembourg	  July 11, 2019 

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§ 121.6 Organ procurement. The suitability of organs donated for transplantation shall be determined as follows: ( a ) *Tests.* An OPTN member procuring an organ shall assure that laboratory tests and clinical examinations of potential organ donors are performed to determine any contraindications for donor acceptance, in accordance with policies established by the OPTN.
( b ) *HIV.* ( 1 ) Organs from individuals infected with human immunodeficiency virus (HIV) may be transplanted only into individuals who— ( i ) Are infected with HIV before receiving such organ(s); and
( ii ) ( A ) Are participating in clinical research approved by an institutional review board, as defined in 45 CFR part 46, under the research criteria published by the Secretary under subsection (a) of section 377E of the Public Health Service Act, as amended; or
( B ) The Secretary has published, through appropriate procedures, a determination under section 377E(c) of the Public Health Service Act, as amended, that participation in such clinical research, as a requirement for transplants of organs from individuals infected with HIV, is no longer warranted.
( 2 ) Except as provided in paragraph (b)(3) of this section, the OPTN shall adopt and use standards of quality with respect to organs from individuals infected with HIV to the extent the Secretary determines necessary to allow the conduct of research in accordance with the criteria described in paragraph (b)(1)(ii)(A) of this section.
( 3 ) If the Secretary has determined under paragraph (b)(1)(ii)(B) of this section that participation in clinical research is no longer warranted as a requirement for transplants of organs from individuals infected with HIV, the OPTN shall adopt and use standards of quality with respect to organs from individuals infected with HIV as directed by the Secretary, consistent with 42 U.S.C. 274, and in a way that ensures the changes will not reduce the safety of organ transplantation.
( c ) *Acceptance criteria.* Transplant programs shall establish criteria for organ acceptance, and shall provide such criteria to the OPTN and the OPOs with which they are affiliated.
[63 FR 16332, Apr. 2, 1998, as amended at 64 FR 56659, Oct. 20, 1999; 80 FR 26467, May 8, 2015]
#### Succession of Louzallie LITTLETON.

No. 67822.

Supreme Court of Louisiana.

June 23, 1980.

In re Wilbur C. Littleton and the Heirs of Louzallie Littleton, applying for certiorari, *793or writ of review, to the Court of Appeal, Third Circuit. Parish of Union. 382 So.2d 1054.

Denied.

WATSON, J., would grant the writ.