alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Editorial Note on Part 409
Editorial Note: Nomenclature changes to part 409 appear at 62 FR 46037, Aug. 29, 1997.

§ 409.32 Criteria for skilled services and the need for skilled services. ( a ) To be considered a skilled service, the service must be so inherently complex that it can be safely and effectively performed only by, or under the supervision of, professional or technical personnel.
( b ) A condition that does not ordinarily require skilled services may require them because of special medical complications. Under those circumstances, a service that is usually nonskilled (such as those listed in § 409.33(d)) may be considered skilled because it must be performed or supervised by skilled nursing or rehabilitation personnel. For example, a plaster cast on a leg does not usually require skilled care. However, if the patient has a preexisting acute skin condition or needs traction, skilled personnel may be needed to adjust traction or watch for complications. In situations of this type, the complications, and the skilled services they require, must be documented by physicians' orders and nursing or therapy notes.
( c ) The restoration potential of a patient is not the deciding factor in determining whether skilled services are needed. Even if full recovery or medical improvement is not possible, a patient may need skilled services to prevent further deterioration or preserve current capabilities. For example, a terminal cancer patient may need some of the skilled services described in § 409.33.
[48 FR 12541, Mar. 25, 1983, as amended at 59 FR 65493, Dec. 20, 1994]
HomeFY17 Report on Conferences as Required by the Office of Management and Budget Memorandum M-12-12 and M-17-08

# 									FY17 Report on Conferences as Required by the Office of Management and Budget Memorandum M-12-12 and M-17-08							

Report

January 31, 2018

This report fulfills the U.S. Department of State’s reporting requirements pertaining to conference related expenditures contained within the Office of Management and Budget’s Memorandum M-12-12 (OMB M-12-12, issued May 2012 and OMB M-17-08, issued November 25, 2016) for fiscal year 2017.

1/31/2018

**Department of State FY17 Reporting per OMB Memorandum M-12-12 and M-17-08**

 

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Budget Report

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40957.

#### NATIONAL ORGANIC CORPORATION v. SOUTHERN BAG CORPORATION.

Decided February 1, 1965.

Bell, Presiding Judge.

Where the evidence is in conflict to the extent that a verdict and judgment would have been authorized either for the plaintiff or for the defendant, the judgment entered will not be set aside in this court solely on the general grounds of a motion for new trial. *Dan E. Austin, Jr. & Sons, Inc. v. Hartford Fire Ins. Co.,*107 Ga. App. 553, 554 (130 SE2d 835). The above rule is effective and binding on the appellate courts in all cases including those in which the trial judge acts both as judge and jury. *Carroll v. Johnson,*105 Ga. App. 541 (125 SE2d 91); *Melrose Hills Mem. Park Cem., Inc. v. Norris,*100 Ga. App. 504, 506 (3) (111 SE2d 649).

A plea of total or partial failure of consideration is a permissible defense to an action founded upon a contract. *Robbins v. Hays,*107 Ga. App. 12 (2) (128 SE2d 546). The burden of proving a prima facie case to recover the purchase price of goods sold is on the one claiming under the contract. The burden of sustaining the plea of total or partial failure of consideration is on the one asserting the defense. *Robbins,*supra; *Messer v. Hewitt,*98 Ga. App. 498 (1) (106 SE2d 61).

In a suit on a contract to recover the purchase price of goods sold where the defense of failure, or partial failure of consideration is raised, a judgment of the trial court overruling the defendant’s motion for new trial on the' general grounds will not be set aside where the evidence shows that the plaintiff carried the burden of proving the prima facie case for the purchase price *wnless the evidence demanded a finding of either*(1) *a total failure of consideration, or*(2) *a partial failure of consideration in some amount different from that embraced in the judgment.*

The evidence in this case authorized the verdict for the plaintiff. The evidence, although conflicting, did not demand a finding of total failure of consideration or a finding of a partial failure of consideration in an amount different from that embraced in the judgment.

The trial court did not err in denying the defendant’s motion for new trial based solely on the general grounds.

*Judgment affirmed.*

*Jordan and Eberhardt, JJ., concur.*

*112*Parks & Eisenberg, David 8. Eisenberg,*for plaintiff in error.

*Hurt, Hill, Riohardson & Sosebee, Robert R. Richardson, Hugh D. Sosebee,*contra.
#### § 592.303 Entity.

The term *entity* means a partnership, association, trust, joint venture, corporation, or other organization.
#### MICHAEL O’CONNOR, PROSECUTOR, v. HORACE K. ROBERSON, DIRECTOR OF REVENUE AND FINANCE OF BAYONNE, DEFENDANT.

Submitted May 2, 1939

Decided October 11, 1939.

Before Justices Parker, Bodine and Perskie.

For the prosecutor, *Spaulding Frazer.*

For the defendant, *William Rubin.*

Per Curiam.

This case is similar, except in one respect to be presently noticed, to the case of *Dooley*v. *Roberson,*of the present term, the decision in which is reported in 123 *N. J. L.*51. As in that case, the prosecutor at the time of his discharge, which he claims to have been unlawful, was an exempt fireman and claims the benefits of chapter 385 of *Pamph. L.*1938, cited in the Dooley case, if he was within the purview of that statute.

The argument on behalf of the defendant is substantially this: that the prosecutor held neither an office nor a position, but was a mere employe, and that such cases as *Margerum*v. *Princeton,*120 *N. J. L.*36, cited in the brief are controlling. Those cases, however, related to a statute which did not by its text include mere employments, but was confined to offices and positions. The distinction is pointed out in the oft cited case of *Fredericks*v. *Board of Health,*82 *N. J. L.*200; 82 *Atl. Rep.*528. The body of the act of 1938, the relevant language of which is quoted in *Dooley*v. *Roberson, supra,*
      *241does include employments as well as offices and positions, and in this respect differs from the previous legislation; but as lias been pointed out in the very recent case of *Joyce*v. *Price,*123 *N. J. L.*171, this inclusion is ineffective because of the failure to include employments in the title of the act. It follows, therefore, that while the case of the present prosecutor is within the body of the act of 1938, it is not within the title, and the body being ineffective with regard to employments for the reason already mentioned, the prosecutor was not entitled to have charges preferred against him and a hearing had thereon as a condition precedent to dismissal.

The writ of *certiorari*is therefore dismissed, but without costs, inasmuch as the language of the statute reasonably justified the application for the writ.
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 21-0115

STATE OF MONTANA,

Plaintiff and Appellee,

v.

ALEXANDER KIM TORPPE,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, and 

good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including November 19, 2021, within which to prepare, 

file, and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

October 14 2021

10/14/2021

Case Number: DA 21-0115
<TABLE> <S> <C>


<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                     127,205,724
<SECURITIES>                                 2,449,532
<RECEIVABLES>                               21,817,548
<ALLOWANCES>                                   806,865
<INVENTORY>                                          0
<CURRENT-ASSETS>                           158,994,536
<PP&E>                                       8,951,086
<DEPRECIATION>                               2,416,971
<TOTAL-ASSETS>                             169,316,499
<CURRENT-LIABILITIES>                        9,029,417
<BONDS>                                              0
<PREFERRED-MANDATORY>                           25,791
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                 159,712,040
<TOTAL-LIABILITY-AND-EQUITY>               169,316,499
<SALES>                                      1,451,733
<TOTAL-REVENUES>                            42,420,122
<CGS>                                        1,107,956
<TOTAL-COSTS>                               21,982,547
<OTHER-EXPENSES>                            18,819,831
<LOSS-PROVISION>                               238,521
<INTEREST-EXPENSE>                              31,826
<INCOME-PRETAX>                              4,796,136
<INCOME-TAX>                                 2,103,650
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,692,486
<EPS-BASIC>                                       0.11
<EPS-DILUTED>                                     0.08



</TABLE>
HomeOffice of the SpokespersonPress Releases…Lesotho National Day

# 											Lesotho National Day									

Press Statement

Antony J. Blinken, Secretary of State

October 3, 2023

On behalf of the United States Government, please accept my warm congratulations as the people of the Kingdom of Lesotho commemorate Independence Day on October 4.

The United States appreciates Lesotho’s partnership, which promotes sound democratic principles, peace, and stability. We look forward to continuing our close cooperation with Lesotho on empowering sustainable economic growth, protecting public health, and responding to climate change.

The people of the United States wish all people of Lesotho a very happy 57th Independence Day.

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Bureau of African AffairsLesothoOffice of the SpokespersonThe Secretary of State

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#### STATE of Louisiana ex rel. Henry DOTSON and Sidney Payne v. Frank BLACKBURN, Warden, La. State Penitentiary.

No. 63741.

Supreme Court of Louisiana.

Jan. 26, 1979.

In re Henry Dotson and Sidney Payne applying for writs of habeas corpus, certio-rari and mandamus. Parish of Orleans.

Writ denied.
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HomeBuild with Us...Overseas Buildings Operations IDIQs

# 									Overseas Buildings Operations IDIQs							

##### OBO IDIQs

During the contracting process, our partners identify a team of firms that will be able to support OBO throughout any task assigned.  Dates for end of contract are estimates, which will adjust depending upon the Bureau’s needs and current state of projects.

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Please sign up for our Distribution List to receive email communication regarding OBO’s news, solicitation announcements, and events.

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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSSELYN YARELI MADEROS-PINTO, 

Petitioner, 

 v. 

MERRICK B. GARLAND, Attorney 

General, 

Respondent.

No. 17-72060 

Agency No. A206-631-203 

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted January 18, 2023

**

Before: GRABER, PAEZ, and NGUYEN, Circuit Judges.

Josselyn Yareli Maderos-Pinto, a native and citizen of Guatemala, petitions 

pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing 

her appeal from an immigration judge’s decision denying her applications for 

asylum, withholding of removal, and protection under the Convention Against 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

JAN 24 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 17-72060 

Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for 

substantial evidence the agency’s factual findings. Conde Quevedo v. Barr, 947 

F.3d 1238, 1241 (9th Cir. 2020). We deny the petition for review.

Because Maderos-Pinto does not challenge the agency’s adverse credibility 

determination, this issue is waived. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 

1079-80 (9th Cir. 2013) (issues not specifically raised and argued in a party’s 

opening brief are waived). Thus, in the absence of credible testimony, in this case, 

Maderos-Pinto’s asylum and withholding of removal claims fail. See Farah v. 

Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). 

Substantial evidence supports the agency’s denial of CAT protection 

because Maderos-Pinto’s claim was based on the same testimony the agency found 

not credible, and Maderos-Pinto does not point to any other evidence in the record 

that compels the conclusion that it is more likely than not she would be tortured in 

Guatemala. See id. at 1157.

In light of this disposition, we do not reach Maderos-Pinto’s remaining 

contentions regarding her eligibility for relief. See Santiago-Rodriguez v. Holder, 

657 F.3d 820, 829 (9th Cir. 2011) (“In reviewing the decision of the BIA, we 

consider only the grounds relied upon by that agency.” (citation and internal 

quotation marks omitted)); Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 

2004) (courts are not required to decide issues unnecessary to the results they 
3 17-72060 

reach).

We do not consider the materials Maderos-Pinto references in her opening 

brief that are not part of the administrative record. See Fisher v. INS, 79 F.3d 955, 

963-64 (9th Cir. 1996) (en banc) (court’s review is limited to the administrative 

record).

The temporary stay of removal remains in place until the mandate issues. 

PETITION FOR REVIEW DENIED.
HomeInternational Digital Economy and Telecommunication Advisory Committee...IDET Meetings

# 									IDET Meetings							

## Recent Meetings

 

 

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Advisory CommitteeBureau of Economic and Business AffairsInternational Telecommunication UnionTelecommunications

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§ 423.136 Privacy, confidentiality, and accuracy of enrollee records. For any medical records or other health and enrollment information it maintains with respect to enrollees, a PDP sponsor must establish procedures to do the following— ( a ) Abide by all Federal and State laws regarding confidentiality and disclosure of medical records, or other health and enrollment information. The PDP sponsor must safeguard the privacy of any information that identifies a particular enrollee and have procedures that specify— ( 1 ) For what purposes the information is used within the organization; and
( 2 ) To whom and for what purposes it discloses the information outside the organization.
( b ) Ensure that medical information is released only in accordance with applicable Federal or State law, or under court orders or subpoenas.
( c ) Maintain the records and information in an accurate and timely manner.
( d ) Ensure timely access by enrollees to the records and information that pertain to them.
<PAGE>

                                                                  Exhibit 21.doc

                                  EXHIBIT 21

                         Subsidiaries of the Registrant

<TABLE>
<CAPTION>
Name                                                                        State of Incorporation
----                                                                        ----------------------
<S>                                                                         <C>
First-Citizens Bank and Trust Company of South Carolina                     South Carolina

Exchange Bank of South Carolina, Inc.                                       South Carolina

FCB/SC Capital Trust I                                                      Delaware

<CAPTION>
Subsidiaries of First-Citizens Bank & Trust Of South Carolina

Name                                                                        State of Incorporation
----                                                                        ----------------------
<S>                                                                         <C>
First Citizens Mortgage Corporation (Inactive)                              South Carolina

Wateree Enterprises                                                         South Carolina
</TABLE>
HomeOffice of the SpokespersonPress Releases...Israel’s National Day

# 									Israel’s National Day							

Press Statement

Antony J. Blinken, Secretary of State

April 14, 2021

On behalf of the Government of the United States of America, I offer best wishes and congratulations to all Israelis as you mark the 73rd anniversary of Israel’s independence.

As long-standing partners with shared democratic values, our countries stand united, whether in meeting the health and economic challenges of a virulent outbreak, driving entrepreneurship and innovation in our economies, forging stronger regional bonds, confronting shared security threats, or working towards a more peaceful, secure, and prosperous future for the people of the Middle East.  The United States remains unwavering in its commitment to Israel’s security and will work to maintain the strength of the enduring U.S.-Israel partnership, a relationship the United States deeply values.

Yom Ha’atzmaut Sameach.

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Bureau of Near Eastern AffairsIsraelOffice of the SpokespersonThe Secretary of State

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### Lead-zinc deposits of the Boquira district, State of Bahia, Brazil

By: Robert Francis Johnson

                            https://doi.org/10.3133/b1110A

#### Links

-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (2492 pdf)                                                                                                                                     
- Plates:                               - **Plate 1**                            (2253 pdf)                        
  - **Plate 2**                            (1344 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.
**EXHIBIT 32.1**

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of China Youth Media, Inc. (the “Company”) on Form 10-Q for the fiscal quarter ended September 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Jay Rifkin, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. 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 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 Company. |
|  |    |                                                                                                                                                      |

A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.

|                   |                                    |  |
|-------------------|------------------------------------|--|
|                   |                                    |  |
| November 16, 2009 | /s/ Jay Rifkin                     |  |
|                   | Jay Rifkin Chief Executive Officer |  |