alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2006248EN.01002501.xml

| 14.10.2006 | EN | Official Journal of the European Union | C 248/25 |
| --- | --- | --- | --- |

14.10.2006

EN

Official Journal of the European Union

C 248/25

---

Non-opposition to a notified concentration

(Case COMP/M.4363 — Yum/Pizza Hut)

(2006/C 248/14)

(Text with EEA relevance)

On 6 September 2006, 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 website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website 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 32006M4363. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4363. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex)

---
<PAGE>   1

                                                                    EXHIBIT 23.1

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

     We consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 333-17029) pertaining to the 1996 Equity Incentive Plan, Employee
Stock Purchase Plan, 1996 Non-Employee Directors' Stock Option Plan and the
Non-Plan Option Grants of Aviron, of our report dated February 13, 1998, with
respect to the financial statements of Aviron included in the Annual Report
(Form 10-K) for the year ended December 31, 1997.

                                                 /s/ ERNST & YOUNG LLP

Palo Alto, California
March 13, 1998
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-7059

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

RONALD NELSON, a/k/a Ronnie,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Fayetteville. Malcolm J. Howard,

District Judge. (CR-94-57-H, CA-97-263)

Submitted: October 23, 1997 Decided: November 17, 1997

Before HAMILTON and WILLIAMS, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Ronald Nelson, Appellant Pro Se. Jane H. Jackson, Assistant United

States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks to appeal the district court's order denying

his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997).

Appellant raises issues for the first time on appeal, and we decline to address these issues. See Muth v. United States, 1 F.3d

246, 250 (4th Cir. 1993). We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we

deny a certificate of appealability and dismiss the appeal on the

reasoning of the district court. United States v. Nelson, Nos. CR94-57-H; CA-97-263 (E.D.N.C. June 25, 1997). We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

DISMISSED
#### Jack Diaz, an Infant, by His Mother and Natural Guardian, Judith Diaz, et al., Respondents, v Lenox Hill Hospital, Defendant, Richard Boiardo, Respondent, and Martin A. Posner, Appellant.

Judgment, Supreme Court, New York County (Ralph Beisner, J.), entered April 3, 1990, in favor of the plaintiff in the amount of $75,000 against defendants Martin Posner, M.D., and Richard Boiardo, M.D., who were found by the jury to be respectively liable at 70% and 30%, unanimously modified, on the law and the facts, and the matter remanded for a new trial solely on the issue of apportionment and otherwise affirmed, without costs and disbursements unless, within twenty days after service of a copy of this Court’s decision and order upon counsel for the respective parties, said defendants stipulate to the entry of an amended judgment apportioning liability equally between defendants Posner and Boiardo at 50% each, in which case the judgment, as so amended, is unanimously affirmed without costs.

It cannot be said that the jury’s verdict finding that defendant Posner was liable for failure to perform a "delayed primary” surgical procedure lacks the support of any fair interpretation of the evidence *(see, Delgado v Board of Educ.,*65 AD2d 547, *affd*48 NY2d 643). Given Dr. Posner’s responsibility for training residents at the hand clinic, together with the fact that Dr. Posner examined the plaintiff’s hand at Dr. Boiardo’s request, the jury could find that Dr. Posner’s diagnosis contributed to the failure of either doctor to perform the "delayed primary” surgical procedure on plaintiff’s hand. However, we believe that the jury improperly apportioned liability as between the doctors and accordingly remand for a *166new trial for purposes of apportionment unless the parties stipulate as aforesaid. Concur—Sullivan, J. P., Carro, Wallach, Kupferman and Kassal, JJ.
|    CENTURY ALUMINUM COMPANY SUBSIDIARIES OF THE REGISTRANT |
|----------------------------------------------------------------------|
|                                                                 |   |   |
| COMPANY NAME                                                         | STATE OR OTHER JURISDICTION OF INCORPORATION OR ORGANIZATION | NAME UNDER BUSINESS IS CONDUCTED |
|                                                                 |   |   |
| Berkeley Aluminum, Inc.                                              | Delaware | Berkeley Aluminum, Inc. |
| Century Aluminum of West Virginia, Inc.                              | Delaware | Century Aluminum of West Virginia, Inc. |
| Century California, LLC                                              | Delaware | Century California, LLC |
| Century Kentucky, Inc.                                               | Delaware | Century Kentucky, Inc. |
| Century Bermuda I Limited                                            | Bermuda | Century Bermuda I Limited |
| Century Aluminum Holdings, Inc.                                      | Delaware | Century Aluminum Holdings, Inc. |
| Metalsco LLC                                                         | Georgia | Metalsco LLC |
| Skyliner LLC                                                         | Delaware | Skyliner LLC |
| NSA General Partnership                                              | Kentucky | NSA GP |
| Century Aluminum of Kentucky General Partnership                     | Kentucky | Century Aluminum of Kentucky, GP |
| Hancock Aluminum LLC                                                 | Delaware | Hancock Aluminum, LLC |
| Century Aluminum of Kentucky LLC                                     | Delaware | Century Aluminum of Kentucky LLC |
| Century Bermuda II Limited                                           | Bermuda | Century Bermuda II Limited |
| Nordural U.S. LLC                                                    | Delaware | Nordural U.S. LLC |
| Nordural Helguvik ehf                                                | Iceland | Nordural Helguvik ehf |
| Nordural ehf                                                         | Iceland | Nordural ehf. |
| Century Louisiana, Inc.                                              | Delaware | Century Louisiana, Inc. |
| Century Aluminum Development LLC                                     | Delaware | Century Aluminum Development LLC |
| Century Aluminum Congo, S.A.                                         | Republic of Congo | Century Aluminum Congo, S.A. |
| Nordural Grundartangi ehf .                                          | Iceland | Nordural Grundartangi ehf. |
| Century Aluminum Asia Holdings Limited                               | Hong Kong | Century Aluminum Asia Holdings Limited |
| Century Mincenco Holdings Limited                                    | St. Lucia | Century Mincenco Holdings Limited |
| Century Aluminum Cooperatief U.A.                                    | Netherlands | Century Aluminum Cooperatief U.A. |
| Century Aluminum B.V.                                                | Netherlands | Century Aluminum B.V. |
# L_2006099EN.01002001.xml

| 7.4.2006 | EN | Official Journal of the European Union | L 99/20 |
| --- | --- | --- | --- |

7.4.2006

EN

Official Journal of the European Union

L 99/20

---

COMMISSION REGULATION (EC) No 573/2006

of 6 April 2006

concerning tenders notified in response to the invitation to tender for the import of sorghum issued in Regulation (EC) No 2094/2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003, on the common organisation of the market in cereals (1), and in particular Article 12(1) thereof,

Whereas:

| (1) | An invitation to tender for the maximum reduction from third countries in the duty on sorghum imported into Spain was opened pursuant to Commission Regulation (EC) No 2094/2005 (2). |
| --- | --- |

(1)

An invitation to tender for the maximum reduction from third countries in the duty on sorghum imported into Spain was opened pursuant to Commission Regulation (EC) No 2094/2005 (2).

| (2) | Article 7 of Commission Regulation (EC) No 1839/95 (3), allows the Commission to decide, in accordance with the procedure laid down in Article 25 of Regulation (EC) No 1784/2003 and on the basis of the tenders notified to make no award. |
| --- | --- |

(2)

Article 7 of Commission Regulation (EC) No 1839/95 (3), allows the Commission to decide, in accordance with the procedure laid down in Article 25 of Regulation (EC) No 1784/2003 and on the basis of the tenders notified to make no award.

| (3) | On the basis of the criteria laid down in Articles 6 and 7 of Regulation (EC) No 1839/95 a maximum reduction in the duty should not be fixed. |
| --- | --- |

(3)

On the basis of the criteria laid down in Articles 6 and 7 of Regulation (EC) No 1839/95 a maximum reduction in the duty should not be fixed.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

No action shall be taken on the tenders notified from 31 March to 6 April 2006 in response to the invitation to tender for the reduction in the duty on imported sorghum issued in Regulation (EC) No 2094/2005.

Article 2

This Regulation shall enter into force on 7 April 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 April 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005 p. 11).

1

(2)  
  OJ L 335, 21.12.2005, p. 4.

2

(3)  
  OJ L 177, 28.7.1995, p. 4. Regulation as last amended by Regulation (EC) No 1558/2005 (OJ L 249, 24.9.2005, p. 6).

3

---
#### Dewitt TINDELL, Appellant, v. STATE of Oklahoma, Appellee.

No. F-83-469.

Court of Criminal Appeals of Oklahoma.

July 16, 1985.

Rehearing Denied Sept. 19, 1985.

*693E. Alvin Schay, Appellate Public Defender, Norman, for appellant.

Michael C. Turpén, Atty. Gen., Tomilou Gentry Liddell, Asst. Atty. Gen., Oklahoma City, for appellee.

OPINION

PARKS, Presiding Judge:

The appellant, Dewitt Tindell, was convicted of Lewd Molestation in the District Court of Pushmataha County, Case No. CRF-82-27. Appellant was sentenced to eight (8) years imprisonment. We affirm.

On the night of February 27, 1982, eight year old D.Y. was awakened when the appellant, her maternal grandfather, entered her bedroom and sat down on the bed. Appellant pulled down D.V.’S pajama pants and began fondling her genitals. Appellant warned the child not to tell anyone, and returned to his bedroom. The next day D.V. told her paternal grandmother, who contacted the District Attorney’s Office.

In his first assignment of error, appellant contends he was denied a fair and impartial trial when the prosecutor made improper comments during closing arguments. We note, however, that none of the comments were met with an objection at trial, and, accordingly, are not properly preserved for appeal. *Freeman v. State,*681 P.2d 84 (Okl.Cr.1984). Furthermore, the comments are not so improper as to warrant modification of appellant’s sentence, *Id.*

Appellant’s second assignment of error involves a claim that his sentence was improperly determined by the jury through use of a quotient verdict. The facts show that punishment was initially determined when each member of the jury wrote down a number of years, the numbers were added and the sum was divided by twelve. Although the evidence is conflicting, the trial court found the jurors did not agree to be bound by the quotient as their assessment of punishment. In *Neighbors v. State,*56 Okl.Cr. 108, 34 P.2d 290 (1934), we disapproved the use of quotient verdicts, but added a conviction would not be set aside on this basis “where there is no proof that the jurors agreed to be bound beforehand by the result thus obtained.” *Id.*at 110, 34 P.2d at 291. The trial court found the jurors did not agree to be so bound, and this assignment of error is therefore without merit.

Accordingly, the judgment and sentence of the District Court should be, and hereby is, AFFIRMED.

BRETT, J., concurs in results.

BUSSEY, J., concurs.
#### Perry E. BARTLETT and Audrey M. Bartlett, d/b/a Deer Crest Chalets, Petitioners, v. CONTINENTAL DIVIDE INSURANCE COMPANY, a Colorado insurance corporation, Respondent.

No. 85SC31.

Supreme Court of Colorado, En Banc.

Dec. 8, 1986.

Rehearing Denied Jan. 20, 1987.

French & Stone, P.C., Joseph C. French, David M. Haynes, Boulder, for petitioners.

Greengard & Senter, Richard D. Green-gard, Holly E. Rebstock, Denver, for respondent.

PER CURIAM.

This case has been heard and reviewed by the court. Chief Justice Quinn, Justice Rovira, and Justice Vollaek favor affirmance of the judgment of the Court of Appeals. *Bartlett v. Continental Divide Insurance Co.,*697 P.2d 412 (Colo.App.1984). Justice Erickson, Justice Lohr, and Justice Kirshbaum are in favor of reversal. Justice Dubofsky does not participate.

Accordingly, the judgment is affirmed by operation of law because of an equally divided court. C.A.R. 35(e).

DUBOFSKY, J., does not participate.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                         204,711
<SECURITIES>                                         0
<RECEIVABLES>                                  347,537
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               552,248
<PP&E>                                       7,331,715
<DEPRECIATION>                                 869,814
<TOTAL-ASSETS>                               7,938,436
<CURRENT-LIABILITIES>                           25,069
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 7,938,436
<SALES>                                      1,139,327
<TOTAL-REVENUES>                             1,339,327
<CGS>                                        1,162,542
<TOTAL-COSTS>                                1,162,542
<OTHER-EXPENSES>                               159,812
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 16,973
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             16,973
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    16,973
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0


</TABLE>
Exhibit (23)

# INDEPENDENT
AUDITORS CONSENT

We consent to the incorporation by
reference in Registration Statement Nos. 333-44253, 333-18127, 333-01554, 333-01552, and
033-97592 of Midwest Air Group, Inc. on Form S-8 and No. 333-91246 on Form S-3 of our
report dated February 17, 2004, appearing in and incorporated by reference in this Annual
Report on Form 10-K of Midwest Air Group, Inc. for the year ended December 31, 2003.

/s/DELOITTE & TOUCHE
LLPMilwaukee, WIMarch 9, 2004
<PAGE>

                                  EXHIBIT 21.1

                SUBSIDIARIES OF PERSONNEL GROUP OF AMERICA, INC.

<TABLE>
<CAPTION>
                                              State of
Subsidiary                                 Incorporation     Does Business As
----------                                 -------------     ----------------
<S>                                        <C>               <C>
PFI Corp                                      Delaware       N/A; PFI serves as a Delaware holding company

StaffPLUS, Inc.                               Delaware       Venturi Staffing Partners, Abar Staffing, Allegheny Personnel Services,
                                                             Ann Wells Personnel, Careers, Creative Staffing, Denver Staffing, Fox
                                                             Staffing Resources, FirstWord Staffing Services, Franklin-Pierce
                                                             Associates, Franklin-Pierce Temporaries, Integrity Technical Services,
                                                             Profile Temporaries, Scott-Wayne Staffing, Scott-Wayne Associates,
                                                             Scott-Wayne Temporaries, Sloan Staffing Services, Temp Connection, The
                                                             Connection Group, TempWorld, West Personnel, Word Processing Personnel
                                                             Services and Word Processing Professionals

CareerShop.com, Inc.                          Florida        CareerShop

InfoTech Services, Inc.                    North Carolina    Venturi Technology Partners, InfoStaff (Utah and California),
                                                             BEST Consulting, Broughton Systems, Careers, DRAC/SSC, Computer
                                                             Resources Group, Command Technologies, Gentry, IMA Plus, IMS
                                                             Consulting, Infotech Contract Services, Lloyd-Ritter Consulting,
                                                             RealTime Consulting, Staff Options, Trilogy Consulting, Trilogy - VA,
                                                             and Vital Computer Services

BAL Associates, Inc.                          California     BAL Associates, Venturi Technology Partners

Advanced Business Consultants, Inc.             Kansas       Advanced Business Consultants
</TABLE>
#### The People of the State of New York, Respondent, v Rita Amato, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Friedmann, J.), rendered September 9, 1988, convicting her of arson in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).

We have considered and rejected most of the contentions raised by the defendant upon the appeal by her codefendant Phillip Amato, with whom this defendant was jointly tried *(see, People v Amato,*173 AD2d 714 [decided herewith]). The defendant has not raised any arguments requiring a different result. Bracken, J. P., Kooper, Sullivan and O’Brien, JJ., concur.
##### 



Exhibit 32.2 VENTURI PARTNERS, INC. AND AFFILIATES CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Annual Report of Venturi Partners, Inc. (the
Company) on Form 10-K for the period ending December 28, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the Report), and
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, James C. Hunt, Chief Financial Officer of the
Company, hereby certifies that to my knowledge: (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. /s/ James C. HuntJames C. HuntChief Financial OfficerMarch 24, 2004
 A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature
that appears in typed form within the electronic version of this written
statement required by Section 906, has been provided to Venturi Partners, Inc.
and will be retained by Venturi Partners, Inc. and furnished to the Securities
and Exchange Commission or its staff upon request. 65