alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2005300EN.01003802.xml

| 30.11.2005 | EN | Official Journal of the European Union | C 300/38 |
| --- | --- | --- | --- |

30.11.2005

EN

Official Journal of the European Union

C 300/38

---

Non-opposition to a notified concentration

(Case COMP/M.3925 — UPS/LYNX)

(2005/C 300/11)

(Text with EEA relevance)

On 23 September 2005, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site 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 under document number 32005M3925. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32005M3925. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

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

§ 409.34 Criteria for “daily basis”. ( a ) To meet the daily basis requirement specified in § 409.31(b)(1), the following frequency is required: ( 1 ) Skilled nursing services or skilled rehabilitation services must be needed and provided 7 days a week; or
( 2 ) As an exception, if skilled rehabilitation services are not available 7 days a week those services must be needed and provided at least 5 days a week.
( b ) A break of one or two days in the furnishing of rehabilitation services will not preclude coverage if discharge would not be practical for the one or two days during which, for instance, the physician has suspended the therapy sessions because the patient exhibited extreme fatigue.
# C_2006060EN.01002501.xml

| 11.3.2006 | EN | Official Journal of the European Union | C 60/25 |
| --- | --- | --- | --- |

11.3.2006

EN

Official Journal of the European Union

C 60/25

---

Reference for a preliminary ruling from the Finanzgericht Hamburg by order of that court of 21 November 2005 in Willy Kempter KG v Hauptzollamt Hamburg-Jonas — Ausfuhrerstattung

(Case C-2/06)

(2006/C 60/47)

Language of the case: German

Reference has been made to the Court of Justice of the European Communities by order of the Finanzgericht Hamburg of 21 November 2005, received at the Court Registry on 4 January 2006, for a preliminary ruling in the proceedings between Willy Kempter KG and Hauptzollamt Hamburg-Jonas — Ausfuhrerstattung (Main Customs Office Hamburg-Jonas, Export Refunds Section) on the following questions:

| 1. | Is the review and amendment of a final administrative decision in order to take account of the interpretation of the relevant Community law carried out by the Court of Justice of the European Communities in the meantime subject to the requirement that the party concerned relied on Community law when contesting the administrative decision before the national courts? |
| --- | --- |

1.

Is the review and amendment of a final administrative decision in order to take account of the interpretation of the relevant Community law carried out by the Court of Justice of the European Communities in the meantime subject to the requirement that the party concerned relied on Community law when contesting the administrative decision before the national courts?

| 2. | Is an application for the review and amendment of a final administrative decision which is contrary to Community law subject to a restriction in time for overriding reasons of Community law, apart from the conditions set out in Case C-453/00 Kühne & Heitz [2004] ECR I-837? |
| --- | --- |

2.

Is an application for the review and amendment of a final administrative decision which is contrary to Community law subject to a restriction in time for overriding reasons of Community law, apart from the conditions set out in Case C-453/00 Kühne & Heitz [2004] ECR I-837?

Kühne & Heitz

---
#### Beers *v.*Robinson.

Where A. promises B. to pay B.’s debts so far as the consideration received wold go, the creditor of B. may maintain an action on the promise.

In error from tbe Common Pleas of Armstrong.

The plaintiff in tbis case was a creditor of Keenan, and proved that Keenan’s property was sold at auction, and tbe notes'given by tbe purchasers handed to defendant, who promised Keenan to pay bis debts so far as they and tbe property purchased by defendant would go.

Burrell, P. J., told tbe jury tbe plaintiff could maintain tbe action.

An agreement was offered in evidence by defendant, but what it was could not be gathered from tbe paper-book.

*Buffington,*for plaintiff in error.

*Phelps,*contra.

*230
      *Oct.*23.

Coulter, J.

The article of agreement between A. Beers, administrator of Cravener, an<|^J. Keenan, was properly rejected by the court. It was totally irrelevant to the issue, and could not have had any legitimate influence on the result.

The instruction of the court, which is assigned for error, is right. One for whose use and benefit a promise is made, if upon sufficient consideration, may maintain an action upon it; 2 Watts, 104; 17 Mass. Rep. 400; 4 Watts, 134. Keenan sold his property at a vendue, and in consideration that he would assign and transfer these notes to the defendant, he agreed to pay Keenan’s debts, unless they amounted to more than these vendue notes, and in that event, so much of the debts as equalled the vendue notes. The defendant got the notes and collected them. The plaintiff, one of Keenan’s creditors, brings this suit against Beers on the promise above stated. The defendant does not allege that he has not received the amount of the notes, nor that he has exhausted the fund by payment of other debts due by Keenan; but stands on the ground that this action cannot be maintained by the plaintiff, the acknowledged and proved creditor of Keenan. But the action can be sustained on the authorities which I have cited.

Judgment affirmed.
§ 417.412 Qualifying condition: Administration and management. The HMO or CMP must demonstrate that it— ( a ) Has sufficient administrative capability to carry out the requirements of the contract; and
( b ) Does not have any agents or management staff or persons with ownership or control interests who have been convicted of criminal offenses related to their involvement in Medicaid, Medicare, or social service programs under title XX of the Act.
[50 FR 1346, Jan. 10, 1985, as amended at 58 FR 38082, July 15, 1993; 60 FR 45676, Sept. 1, 1995]
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No. 00-5811.

#### Suggs *v.*United States.

C. A. 4th Cir. Cer-tiorari denied.
##### 



Independent Auditors Consent The Board of Directors and Stockholders
United Bancorporation of Alabama, Inc. We consent to the incorporation by reference in the registration statement (No.
333111503 on Form S3) of United Bancorporation of Alabama, Inc. of our report
dated March 5, 2004 with respect to the consolidated balance sheets of United
Bancorporation of Alabama, Inc. as of December 31, 2003 and 2002, and the
related consolidated statements of operations, stockholders equity and
comprehensive income, and cash flows for each of the years in the three-year
period then ended December 31, 2003, which report appears in the December 31,
2003, annual report on Form 10K of United Bancorporation of Alabama, Inc. /s/ KPMG LLP Birmingham, Alabama
March 30, 2004
# C_2006074EN.01001901.xml

| 25.3.2006 | EN | Official Journal of the European Union | C 74/19 |
| --- | --- | --- | --- |

25.3.2006

EN

Official Journal of the European Union

C 74/19

---

Order of the Court of First Instance of 13 January 2006 — Dimos Ano Liosion and Others v Commission

(Case T-85/05) (1)

1

(Inadmissibility - Persons not the addressees of Community measures - Direct concern)

(2006/C 74/38)

Language of the case: Greek

Parties:

Applicants: Dimos Ano Liosion (Greece), Theodora Goula, Argyris Argyropoulos, Ioannis Manis, Eleni Ntalipi, Vasilis Papagrigoriou and Giorgos Fragkalexis (Ano Liossia, Greece) (represented by: G. Kalavros, lawyer)

Applicants:

Defendant: Commission of the European Communities (represented by: D. Triantafyllou and L. Flynn, Agents)

Defendant:

Application for

Annulment of Commission Decision E (2004) 5522 of 21 December 2004 concerning the grant of financial assistance by the Cohesion Fund for the project entitled 'Construction of Phase 1 of the second landfill site for waste in West Attica at ‘Skalistiri’ in the municipality of Fyli'.

Operative part of the Order

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

1.

The application is dismissed as inadmissible.

| 2. | The applicants shall bear the costs of the proceedings, including those relating to the interim proceedings. |
| --- | --- |

2.

The applicants shall bear the costs of the proceedings, including those relating to the interim proceedings.

---

(1)  OJ C 106, 30.4.2005.

1

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


<ARTICLE>                     9
<MULTIPLIER>                                     1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          30,380
<INT-BEARING-DEPOSITS>                             512
<FED-FUNDS-SOLD>                                18,075
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    127,654
<INVESTMENTS-CARRYING>                         114,192
<INVESTMENTS-MARKET>                           114,171
<LOANS>                                        696,597
<ALLOWANCE>                                     11,820
<TOTAL-ASSETS>                               1,007,345
<DEPOSITS>                                     846,030
<SHORT-TERM>                                     5,885
<LIABILITIES-OTHER>                             10,332
<LONG-TERM>                                      9,213
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      1,625
<COMMON>                                       134,260
<OTHER-SE>                                           0
<TOTAL-LIABILITIES-AND-EQUITY>               1,007,345
<INTEREST-LOAN>                                 62,740
<INTEREST-INVEST>                               12,801
<INTEREST-OTHER>                                 1,179
<INTEREST-TOTAL>                                76,720
<INTEREST-DEPOSIT>                              29,863
<INTEREST-EXPENSE>                              30,320
<INTEREST-INCOME-NET>                           46,400
<LOAN-LOSSES>                                      979
<SECURITIES-GAINS>                                 789
<EXPENSE-OTHER>                                 31,087
<INCOME-PRETAX>                                 23,354
<INCOME-PRE-EXTRAORDINARY>                      16,227
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    16,227
<EPS-PRIMARY>                                     2.61
<EPS-DILUTED>                                     2.53
<YIELD-ACTUAL>                                    4.87
<LOANS-NON>                                      2,079
<LOANS-PAST>                                     1,241
<LOANS-TROUBLED>                                    14
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                11,668
<CHARGE-OFFS>                                    1,176
<RECOVERIES>                                       349
<ALLOWANCE-CLOSE>                               11,820
<ALLOWANCE-DOMESTIC>                            11,820
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
# C_2006108EN.01003601.xml

| 6.5.2006 | EN | Official Journal of the European Union | C 108/36 |
| --- | --- | --- | --- |

6.5.2006

EN

Official Journal of the European Union

C 108/36

---

(2006/C 108/66)

Last publication of the Court of Justice in the Official Journal of the European Union

Official Journal of the European Union

OJ C 96, 22.4.2006

OJ C 96, 22.4.2006

Past publications

OJ C 86, 8.4.2006

OJ C 74, 25.3.2006

OJ C 60, 11.3.2006

OJ C 48, 25.2.2006

OJ C 36, 11.2.2006

OJ C 22, 28.1.2006

These texts are available on:

| | EUR-Lex:http://europa.eu.int/eur-lex |
| --- | --- |

EUR-Lex:http://europa.eu.int/eur-lex

| | CELEX:http://europa.eu.int/celex |
| --- | --- |

CELEX:http://europa.eu.int/celex

---
<PAGE>

                                   EXHIBIT 23

            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in the Registration Statements (No.
333-38028, No. 333-86015, and 333-100081) on Form S-8 of our reports dated
February 1, 2006 with respect to the consolidated financial statements of United
Community Financial Corp. and management's assessment of the effectiveness of
internal control over financial reporting and the effectiveness of internal
control over financial reporting, which reports appear in the Annual Report on
Form 10-K of United Community Financial Corp. for the year ended December 31,
2005.


                                                 /s/Crowe Chizek and Company LLC
                                                 -------------------------------
                                                    Crowe Chizek and Company LLC

Cleveland, Ohio
March 15, 2006

                                                                        EX. 23-1
§ 23.8 What operational requirements apply to an entity to which National Health Service Corps personnel are assigned? Each National Health Service Corps site must: ( a ) Operate a health care delivery system within a planned or existing community structure to assure: ( 1 ) The provision of high quality comprehensive health care;
( 2 ) To the extent feasible, full professional health care coverage for the health manpower shortage area;
( 3 ) Continuum of care; and
( 4 ) The availability and accessibility of secondary and tertiary health care (the two more sophisticated levels of health care beyond primary care);
( b ) Establish and maintain a patient record system;
( c ) Implement a system for maintaining the confidentiality of patient records;
( d ) Meet the requirements of applicable fire and safety codes;
( e ) Develop, to the extent feasible, linkages with other health care facilities for the provision of services which supplement or complement the services furnished by the assigned Corps personnel;
( f ) Operate a quality assurance system which meets the requirements of 42 CFR 51c.303(c) for the establishment and operation of a quality assurance system in a community health center; and
( g ) Establish basic data, cost accounting, and management information and reporting systems as prescribed by the Secretary.
<PAGE>   1
                              CERPROBE CORPORATION
                   COMPUTATION OF NET INCOME (LOSS) PER SHARE
                                   EXHIBIT 11
                                   (UNAUDITED)


<TABLE>
<CAPTION>
                                                              THREE MONTHS ENDED                 NINE MONTHS ENDED
                                                                 SEPTEMBER 30,                     SEPTEMBER 30,         
                                                      --------------------------------- ---------------------------------
                                                            1998              1997            1998              1997
                                                            ----              ----            ----              ----
<S>                                                   <C>               <C>             <C>               <C>            
Net income (loss)                                     $   (3,785,202)   $    2,962,096  $     (972,994)   $     (343,212)
                                                      ===============   =============== ===============   ===============

Weighted average number of
common shares outstanding                                  7,768,874         6,246,825       8,058,011         6,219,800

Common equivalent shares representing shares
issuable upon exercise of stock options                      157,694           390,840         286,833           390,840

Subtraction of common equivalent shares due to
antidilutive nature                                         (157,694)                -        (286,833)         (390,840)
                                                        -------------     -------------   -------------     -------------

Dilutive adjusted weighted average shares
and assumed conversions                                    7,768,874         6,637,665       8,058,011         6,219,800
                                                        =============     =============   =============     =============




Basic net income (loss) per share                     $        (0.49)   $         0.47  $        (0.12)   $        (0.06)
                                                      ===============   =============== ===============   ===============


Diluted net income (loss) per share                   $        (0.49)   $         0.45  $        (0.12)   $        (0.06)
                                                      ===============   =============== ===============   ===============
</TABLE>
HomeOffice of the SpokespersonPress Releases...Designating IRGC-QF and Hizballah Financial Facilitators

# 									Designating IRGC-QF and Hizballah Financial Facilitators							

Press Statement

Matthew Miller, Department Spokesperson

January 31, 2024

The United States is today designating three entities and one individual as part of a network generating funding for the Iranian Islamic Revolutionary Guard Corps-Qods Force (IRGC-QF) and Hizballah by selling Iranian commodities and receiving funds from the Syrian government.

The IRGC-QF and its proxy network persist in their attempts to generate revenue from illicit commercial activity that funds terrorism and destabilizing activities in the region.  The United States remains committed to curbing these organizations’ ability to generate revenue.

*The Department of the Treasury action was taken pursuant to**Executive Order 13224**, as amended.  For more information on this designation, see Treasury’s**press release**.*

Tags

Bureau of Near Eastern AffairsCountering TerrorismDivision for Counter Threat Finance and SanctionsIranOffice of the SpokespersonTerrorism

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#### § 423.1040 Joint hearings.

When two or more affected parties have requested hearings and the same or substantially similar matters are at issue, the ALJ may, if all parties agree, fix a single time and place for the prehearing conference or hearing and conduct all proceedings jointly. If joint hearings are held, a single record of the proceedings is made and a separate decision issued with respect to each affected party.
§ 416.65 Covered surgical procedures. Effective for services furnished before January 1, 2008, covered surgical procedures are those procedures that meet the standards described in paragraphs (a) and (b) of this section and are included in the list published in accordance with paragraph (c) of this section. ( a ) *General standards.* Covered surgical procedures are those surgical and other medical procedures that— ( 1 ) Are commonly performed on an inpatient basis in hospitals, but may be safely performed in an ASC;
( 2 ) Are not of a type that are commonly performed, or that may be safely performed, in physicians' offices;
( 3 ) Are limited to those requiring a dedicated operating room (or suite), and generally requiring a post-operative recovery room or short-term (not overnight) convalescent room; and
( 4 ) Are not otherwise excluded under § 411.15 of this chapter.
( b ) *Specific standards.* ( 1 ) Covered surgical procedures are limited to those that do not generally exceed— ( i ) A total of 90 minutes operating time; and
( ii ) A total of 4 hours recovery or convalescent time.
( 2 ) If the covered surgical procedures require anesthesia, the anesthesia must be— ( i ) Local or regional anesthesia; or
( ii ) General anesthesia of 90 minutes or less duration.
( 3 ) Covered surgical procedures may not be of a type that— ( i ) Generally result in extensive blood loss;
( ii ) Require major or prolonged invasion of body cavities;
( iii ) Directly involve major blood vessels; or
( iv ) Are generally emergency or life-threatening in nature.
( c ) *Publication of covered procedures.* CMS will publish in the Federal Register a list of covered surgical procedures and revisions as appropriate.
[47 FR 34094, Aug. 5, 1982, as amended at 71 FR 68226, Nov. 24, 2006]