alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 423.855 Definitions. As used in this subpart, unless specified otherwise- *Actual costs* means the subset of prescription drug costs (not including administrative costs or return on investment, but including costs directly related to the dispensing of covered Part D drugs during the year) that are attributable to standard benefits only and that are incurred and actually paid by the sponsor or organization under the plan.
*Actually paid* has the same meaning described in § 423.308.
Eligible fallback entity or fallback entity means an entity that, for a particular contract period- ( 1 ) Is a PDP sponsor that does not have to be a risk-bearing entity (or, if applying to become a fallback entity, an entity that meets all the requirements to become a Part D plan sponsor except that it does not have to be a risk-bearing entity); and
( 2 ) Does not submit a risk bid under § 423.265 for offering a prescription drug plan for any PDP region for the first year of that contract period. An entity is treated as submitting a risk bid if the entity is acting as a subcontractor for an integral part of the drug benefit management activities of an entity that is or applies to become a non-fallback PDP sponsor. An entity is not treated as submitting a bid if it is a subcontractor of an MA organization, unless that organization is acting as or applies to become a non-fallback PDP sponsor for a prescription drug plan.
*Fallback prescription drug plan* means a prescription drug plan (PDP) offered by a fallback entity that— ( 1 ) Offers only defined standard or actuarially equivalent standard prescription drug coverage as defined in § 423.100;
( 2 ) Provides access to negotiated prices, including discounts from manufacturers; and
( 3 ) Meets all other requirements established for prescription drug plans, except as otherwise specified by CMS in this subpart or in separate guidance.
*Qualifying plan* means a full-risk or limited-risk prescription drug plan, as defined in § 423.258, or an MA-PD plan described in section 1851(a)(2)(A)(i) of the Act, that provides required prescription drug coverage, as defined in § 423.100 An MA-PD plan must be open for enrollment and not operating under a capacity waiver to be counted as a qualifying plan. A PDP must not be operating under a restricted enrollment waiver, such as those that may be granted to special needs plans or employer group plans, in order to be counted as a qualifying plan in an area.
Editorial Note on Part 422
Editorial Note: Nomenclature changes to part 422 appear at 70 FR 4741, Jan. 28, 2005.

§ 422.120 Access to published provider directory information. ( a ) An MA organization must implement and maintain a publicly accessible, standards-based Application Programming Interface (API) that is conformant with the technical requirements at § 422.119(c), excluding the security protocols related to user authentication and authorization and any other protocols that restrict the availability of this information to particular persons or organizations, the documentation requirements at § 422.119(d), and is accessible via a public-facing digital endpoint on the MA organization's website.
( b ) The API must provide a complete and accurate directory of— ( 1 ) The MA plan's network of contracted providers, including names, addresses, phone numbers, and specialties, updated no later than 30 calendar days after the MA organizations receives provider directory information or updates to provider directory information; and
( 2 ) For an MA organization that offers an MA-PD plan, the MA-PD's pharmacy directory, including the pharmacy name, address, phone number, number of pharmacies in the network, and mix (specifically the type of pharmacy, such as “retail pharmacy”) updated no later than 30 calendar days after the MA organization receives pharmacy directory information or updates to pharmacy directory information.
( c ) This section is applicable beginning January 1, 2021.
[85 FR 25633, May 1, 2020]
§ 405.455 Application to Medicare Advantage contracts. An organization that has a contract with CMS to provide one or more Medicare Advantage (M + C) plans to beneficiaries (part 422 of this chapter): ( a ) Must acquire and maintain information from Medicare carriers on physicians and practitioners who have opted-out of Medicare.
( b ) Must make no payment directly or indirectly for Medicare covered services furnished to a Medicare beneficiary by a physician or practitioner who has opted-out of Medicare.
( c ) May make payment to a physician or practitioner who furnishes emergency or urgent care services to a beneficiary who has not previously entered into a private contract with the physician or practitioner in accordance with § 405.440.
[63 FR 58901, Nov. 2, 1998, as amended at 79 FR 68001, Nov. 13, 2014]
#### Lewis O. DUTTON, Appellant, v. STATE of Florida, Appellee.

No. 74-515.

District Court of Appeal of Florida, Fourth District.

Jan. 24, 1975.

*568J. Brian Brennan, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Frank B. Kessler, Asst. Atty. Gen., West Palm Beach, for appellee.

WALDEN, Judge.

■ Defendant was convicted of resisting arrest with violence. He appeals the judgment and argues that certain comments made by the trial judge in front of the panel from which his jury came warranted the granting of his motion for mistrial. We reject the argument and affirm.

The comments objected to by defendant were made to another jury in the presence of the defendant’s jury panel undergoing voir dire. They were as follows:

> “THE COURT: Now, the rules prohibit me from commenting favorably or unfavorably upon your verdict. That is, of course, your business. I will say that of course Mr. Bailey was represented by the Public Defender’s Office and some people occasionally say that the poor, indigent defendant who is represented by an appointed lawyer doesn’t get a good representation.

> “I can only say that based upon the evidence that I heard, if Mr. Zeidel tells me that he can walk on water, I’m going to believe it. The evidence seems to be overwhelming. The jury found him not guilty.

> “Okay, thank you very much.”

These comments are not such as to have prejudiced the jury to the extent that a mistrial should have been granted by law. Lister v. State, 226 So.2d 238 (4th D.C.A. Fla. 1969); Watson v. State, 190 So.2d 161 (Fla. 1966). The granting of a mistrial is discretionary, Garcia v. State, 142 So.2d 318 (2d D.C.A.Fla.1962), and the trial judge did not abuse his discretion here.

Appellant’s remaining point is without merit.

Affirmed.

MAGER and DOWNEY, JJ., concur.
Editorial Note on Part 422
Editorial Note: Nomenclature changes to part 422 appear at 70 FR 4741, Jan. 28, 2005.

§ 422.205 Provider antidiscrimination rules. ( a ) *General rule.* Consistent with the requirements of this section, the policies and procedures concerning provider selection and credentialing established under § 422.204, and with the requirement under § 422.100(c) that all Medicare-covered services be available to MA plan enrollees, an MA organization may select the practitioners that participate in its plan provider networks. In selecting these practitioners, an MA organization may not discriminate, in terms of participation, reimbursement, or indemnification, against any health care professional who is acting within the scope of his or her license or certification under State law, solely on the basis of the license or certification. If an MA organization declines to include a given provider or group of providers in its network, it must furnish written notice to the effected provider(s) of the reason for the decision.
( b ) *Construction.* The prohibition in paragraph (a)(1) of this section does not preclude any of the following by the MA organization: ( 1 ) Refusal to grant participation to health care professionals in excess of the number necessary to meet the needs of the plan's enrollees (except for MA private-fee-for-service plans, which may not refuse to contract on this basis).
( 2 ) Use of different reimbursement amounts for different specialties or for different practitioners in the same specialty.
( 3 ) Implementation of measures designed to maintain quality and control costs consistent with its responsibilities.
[65 FR 40324, June 29, 2000]
§ 433.51 Public Funds as the State share of financial participation. ( a ) Public Funds may be considered as the State's share in claiming FFP if they meet the conditions specified in paragraphs (b) and (c) of this section.
( b ) The public funds are appropriated directly to the State or local Medicaid agency, or are transferred from other public agencies (including Indian tribes) to the State or local agency and under its administrative control, or certified by the contributing public agency as representing expenditures eligible for FFP under this section.
( c ) The public funds are not Federal funds, or are Federal funds authorized by Federal law to be used to match other Federal funds.
[75 FR 73975, Nov. 30, 2010]
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2988 Engrossed in House (EH)]

  2d Session

                               H. R. 2988

_______________________________________________________________________

                                 AN ACT

       To amend the Clean Air Act to provide that traffic signal 
   synchronization projects are exempt from certain requirements of 
                 Environmental Protection Agency Rules.
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
104th CONGRESS
  2d Session
                                H. R. 2988

_______________________________________________________________________

                                 AN ACT

 
       To amend the Clean Air Act to provide that traffic signal 
   synchronization projects are exempt from certain requirements of 
                 Environmental Protection Agency Rules.

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

SECTION. 1. TRAFFIC SIGNAL SYNCHRONIZATION PROJECTS.

    Section 176(c)(4) (42 U.S.C. 7506(c)(4)) of the Clean Air Act is 
amended by adding the following at the end thereof:
    ``(D) Compliance with the rules of the Administrator for 
determining the conformity of transportation plans, programs, and 
projects funded or approved under title 23 of the United States Code or 
the Federal Transit Act to State or Federal implementation plans shall 
not be required for traffic signal synchronization projects prior to 
the funding, approval or implementation of such projects. The 
supporting regional emissions analysis for any conformity determination 
made with respect to a transportation plan, program, or project shall 
consider the effect on emissions of any such project funded, approved, 
or implemented prior to the conformity determination.''.

            Passed the House of Representatives September 24, 1996.

            Attest:

                                                                 Clerk.
```
#### Curtis ELLIOTT et al. v. STATE of Louisiana, Through DEPARTMENT OF HIGHWAYS.

No. 65186.

Supreme Court of Louisiana.

Sept. 18, 1979.

In re Curtis Elliott, et al. applying for writ of certiorari, or review, to the Court of Appeal, Third Circuit. Parish of LaSalle. 372 So.2d 802.

Writ denied.

DENNIS, J., would grant the writ.
No. 99-1720.

#### Woodford, Acting Warden *v.*Ashmus.

C. A. 9th Cir. Motion of respondent for leave to proceed *in forma pauperis*granted. Certiorari denied.
### A spectrochemical method for the semiquantitative analysis of rocks, minerals, and ores

By: A.T. MyersRaymond Gilbert HavensP.J. Dunton

                            https://doi.org/10.3133/b1084I

#### Links

-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
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Exhibit 32
 
 PRESIDENTIAL ASSOCIATES I
LIMITED PARTNERSHIP
 FORM 10-Q SEPTEMBER 30,
2009


CERTIFICATION
PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report
of Presidential Associates I Limited Partnership (the “Partnership”), on Form
10-Q for the quarterly period ended September 30, 2009, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), the
undersigned, in the capacities and on the date indicated below, hereby certifies
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that: (1) the Report fully complies with the
requirements of Section 13(a) or 15(d) of the Securities and 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
Partnership.










Date: November 13,
      2009
            /s/ Eggert Dagbjartsson
              Eggert
      Dagbjartsson
              Chief
      Executive OfficerDate: November 13,
      2009
            /s/ Andrew Prague
              Andrew
      Prague
              Chief
      Financial Officer
# C_2006108EN.01001402.xml

| 6.5.2006 | EN | Official Journal of the European Union | C 108/14 |
| --- | --- | --- | --- |

6.5.2006

EN

Official Journal of the European Union

C 108/14

---

Action brought on 14 March 2006 — Commission of the European Communities v Czech Republic

(Case C-140/06)

(2006/C 108/23)

Language of the case: Czech

Parties

Applicant: Commission of the European Communities (represented by: K. Walker and A. Alcover San Pedro, Agents)

Applicant:

Defendant: Czech Republic

Defendant:

Form of order sought

| — | declare that, by not taking the legal and administrative measures necessary to comply with Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (1), or in any event by not communicating such measures to the Commission, the Czech Republic has failed to fulfil its obligations under Article 14(1) of that directive |
| --- | --- |

—

declare that, by not taking the legal and administrative measures necessary to comply with Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (1), or in any event by not communicating such measures to the Commission, the Czech Republic has failed to fulfil its obligations under Article 14(1) of that directive

1

| — | order the Czech Republic to pay the costs. |
| --- | --- |

—

order the Czech Republic to pay the costs.

Pleas in law and main arguments

The prescribed period for implementation of the directive in domestic law expired on 18 July 2004.

---

(1)  OJ 2002 L 189, p. 12

1

---
NOTE: This disposition is nonprecedential.

 

United States Court of Appeals 

for the Federal Circuit ______________________ 

GORGE DESIGN GROUP LLC, KIRBY ERDELY,

Plaintiffs-Appellees

v.

MEANING XUANSHENG,

Defendant

NEOMAGIC CORPORATION, DBA 

WWW.MERCADOMAGICO.COM,

Defendant-Appellant

______________________ 

2021-1695

______________________ 

Appeal from the United States District Court for the 

Western District of Pennsylvania in No. 2:20-cv-01384-

WSS, Judge William S. Stickman IV.

______________________ 

JUDGMENT

______________________ 

STANLEY DONALD FERENCE, III, Ference & Associates 

LLC, Pittsburgh, PA, argued for plaintiffs-appellees. Also 

represented by BRIAN SAMUEL MALKIN. 

 ANDREW TIMOTHY OLIVER, Amin Turocy & Watson, 

LLP, San Jose, CA, argued for defendant-appellant. Also 

Case: 21-1695 Document: 74 Page: 1 Filed: 04/06/2023
represented by MICHAEL CHAOCHA TING, Goodwin Procter 

LLP, Redwood City, CA. 

 LAWRENCE A. STEIN, College of Law, Northern Illinois 

University, De Kalb, IL, for amicus curiae Lorianne Updike 

Toler. 

 ______________________ 

THIS CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED: 

 PER CURIAM (TARANTO, CLEVENGER, and HUGHES,

Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

 

 ENTERED BY ORDER OF THE COURT 

 

April 6, 2023 

Date

/s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court

Case: 21-1695 Document: 74 Page: 2 Filed: 04/06/2023
#### John Miller BROWN, Appellant, v. STATE of Florida, Appellee.

No. 78-1027.

District Court of Appeal of Florida, Fourth District.

Oct. 18, 1978.

John Miller Brown, pro se.

PER CURIAM.

AFFIRMED.

DAUKSCH and MOORE, JJ., concur.

ANSTEAD, J., dissents with opinion.

ANSTEAD, Judge,

dissenting:

This is an appeal from the summary denial of a motion for post-conviction relief. The appellant raised several issues in his motion, among them competency of counsel at trial. The trial court denied the motion without hearing in an order that stated no reasons for the denial. I believe the allegations as to competency of counsel were sufficient to entitle the appellant to an eviden-tiary hearing.
Exhibit 23.1 Consent of BKD, LLP.

Consent of Independent Registered Public
Accounting Firm

The Board of Directors
Princeton National Bancorp, Inc.

We consent to the incorporation by reference in the registration
statements (Nos. 333-69019, 333-117663, 333-129484 and 333-133448) on Form S-8
of Princeton National Bancorp, Inc. of our reports dated March 17, 2008, with
respect to the consolidated balance sheets of Princeton National Bancorp, Inc.
and subsidiary as of December 31, 2007 and 2006, and the related consolidated
statements of income, changes in stockholders equity and cash flows for the
two year period ended December 31, 2007, managements assessment of the
effectiveness of internal control over financial reporting as of December 31,
2007, and the effectiveness of internal control over financial reporting as of
December 31, 2007, which reports appear in the December 31, 2007 annual report
on Form 10-K of Princeton National Bancorp, Inc.

/sig/ BKD, LLP

Decatur, Illinois March 17, 2008

---
HomeOffice of the SpokespersonPress Releases...Deputy Secretary Sherman’s Meeting with Uruguayan Interior Minister Heber

# 									Deputy Secretary Sherman’s Meeting with Uruguayan Interior Minister Heber							

Readout

Office of the Spokesperson

November 9, 2021

The below is attributable to Spokesperson Ned Price:

Deputy Secretary of State Wendy R. Sherman met with Uruguayan Interior Minister Luis Heber today in Montevideo, Uruguay. Deputy Secretary Sherman and Interior Minister Heber discussed the positive and productive collaboration and partnership between the United States and Uruguay on a range of security issues, including transnational crime, counternarcotics, and cybersecurity.

Tags

Bureau of Western Hemisphere AffairsDeputy Secretary TripDeputy Secretary of StateOffice of the SpokespersonUruguay

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Exhibit 32.1

 

CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO TITLE 18,

UNITED STATES CODE, SECTION 1350, AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

I, Anthony A. Lombardo, President, Chief Executive Officer and Director of E-Z-EM, Inc. (the “Company”), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

 
|   | 1. | the Quarterly Report on Form 10-Q of the Company for the quarter ended September 3, 2005 (the “Report”) 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 |
|--------|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 
|   | 2. | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 
| Date:   October 13, 2005 | /s/ Anthony A. Lombardo                             Anthony A. Lombardo, President, |
|-------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | Chief Executive Officer, Director |
|--------|-----------------------------------|

 

 

-50-

 

----
§ 801.208 Material nonpublic technical information. ( a ) The term *material nonpublic technical information* means information that is not available in the public domain, and is necessary to design, fabricate, develop, test, produce, or manufacture critical technologies, including processes, techniques, or methods.
( b ) The term *material nonpublic technical information* does not include financial information regarding the performance of an entity.
###### Editorial Note on Part 422

#### Editorial Note:

Nomenclature changes to part 422 appear at 70 FR 4741, Jan. 28, 2005.

#### § 422.2450 [Reserved]