alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 10-201.4 

________________________________________________________________________ 

EXTRADITION 

 Instrument Amending the 

Treaty of June 17, 1996 

Between the 

UNITED STATES OF AMERICA 

and CYPRUS 

Signed at Nicosia January 20, 2006 

with 

Annex 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
 CYPRUS 

 Extradition 

Instrument amending the treaty of June 17, 1996. 

Signed at Nicosia January 20, 2006; 

Transmitted by the President of the United States of America 

 to the Senate September 28, 2006 (Treaty Doc. 109-14, 

 109th Congress, 2d Session); 

Reported favorably by the Senate Committee on Foreign Relations 

 July 29, 2008 (Senate Executive Report No. 110-12, 

 110th Congress, 2d Session); 

Advice and consent to ratification by the Senate 

 September 23, 2008; 

Ratified by the President December 11, 2008; 

Exchange of Instruments of Ratification 

 at Nicosia July 13, 2009; 

Entered into force February 1, 2010. 

With annex.
STEAM ELECTRIC CBI REPLACEMENT PAGE

EPA

- HQ

- OW

- 200 9-0 819

DCN:_____

____ SE03810

______________________

THE FOLLOWING HAS BEEN REMOVED BECAUSE IT CONTAINS CONFIDENTIAL BUSINESS I NFORMATION (CBI) PER 40 CFR PART 2, SUBPART B.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DAY ELEV

 123.98

 123.85

 123.66

 123.82

 124.00

 123.96

 123.94

 124.12

 124.31

 124.65

 124.51

 124.38

 124.47

 124.31

 124.01

 124.25

 123.85

 123.24

 124.15

 124.45

 123.71

 123.22

 123.03

 122.67

 122.52

 122.60

 123.58

 124.51

 8,252

 8,191

 8,101

 8,176

 8,261

 8,242

 8,233

 8,321

 8,416

 8,586

 8,516

 8,451

 8,496

 8,416

 8,266

 8,386

 8,191

 7,904

 8,336

 8,486

 8,125

 7,894

 7,805

 7,643

 7,575

 7,611

 8,064

 8,516

STORAGE

-64

-61

-90

+75

+85

-19

-9

+88

+95

+170

-70

-65

+45

-80

-150

+120

-195

-287

+432

+150

-361

-231

-89

-162

-68

+36

+453

+452

CHANGE

3,996

4,003

3,964

4,072

4,075

4,015

4,035

4,091

4,085

5,305

5,509

5,497

5,563

5,489

5,455

5,599

5,466

5,222

5,099

4,589

3,832

3,427

3,492

3,453

3,506

3,175

2,869

2,726

INFLOW

 3,928

 3,934

 3,908

 3,933

 3,930

 3,923

 3,938

 3,946

 3,936

 4,942

 4,918

 4,903

 4,915

 4,904

 4,909

 4,917

 4,944

 4,954

 4,780

 4,412

 3,913

 3,442

 3,433

 3,429

 3,435

 3,054

 2,551

 2,437

POWER

 0

 0

 0

 0

 0

 0

 0

 0

 0

 176

 525

 526

 524

 524

 521

 521

 519

 312

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

SPILL

 60

 60

 60

 60

 60

 60

 60

 60

 60

 60

 60

 60

 60

 60

 60

 60

 60

 60

 60

 60

 60

 60

 60

 60

 60

 60

 60

 60

HATCHERY

 0

 0

 1

 1

 2

 2

 2

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 0

 1

 1

 1

C.F.S.

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

FEBRUARY 2003 LAKE NATOMA DAILY OPERATIONS RUN DATE: March 13, 2003

IN LAKE

EVAP

C.F.S.

COMPUTED*

ACRE-FEET

RELEASE - C.F.S.

TOTALS +200 121,609 114,568 4,148 1,680 28

ACRE-FEET +200 241,211 227,246 8,228 3,332 56

COMMENTS:

* COMPUTED INFLOW IS THE SUM OF CHANGE IN STORAGE, RELEASES AND EVAPORATION.

SUMMARY

RELEASES (ACRE-FEET)

POWER 227,246

SPILL 8,228

FOLSOM SOUTH CANAL

HATCHERY

 2,150

 3,332

 8,316

FOLSOM

SOUTH 

CANAL

 40

 40

 40

 40

 40

 40

 40

 40

 40

 40

 40

 40

 40

 40

 40

 40

 40

 40

 40

 40

 40

 40

 43

 45

 45

 42

 29

 0

 1,084

 2,150

(1)

(1) INCHES OF EVAPORATION TAKEN FROM FOLSOM PAN.

RELEASES (ACRE-FEET)

TOTAL 240,956

Table 12
EXHIBIT 31.2

      I, Francis O'Donnell, certify that:

      1. I have reviewed  this annual report on Form 10-KSB of Coach  Industries
Group, Inc.;

      2.  Based on my  knowledge,  this  report  does  not  contain  any  untrue
statement of a material fact or omit to state a material fact  necessary to make
the statements made, in light of the  circumstances  under which such statements
were made, not misleading with respect to the period covered by this report;

      3. Based on my knowledge,  the financial  statements,  and other financial
information included in this report, fairly present in all material respects the
financial  condition,  results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

      4. The registrant's other certifying  officer(s) and I are responsible for
establishing and maintaining  disclosure  controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

            (a) Designed such disclosure controls and procedures, or caused such
      disclosure  controls and procedures to be designed under our  supervision,
      to ensure that material information relating to the registrant,  including
      its consolidated subsidiaries,  is made known to us by others within those
      entities,  particularly  during the  period in which this  report is being
      prepared;

            (b)  Evaluated  the  effectiveness  of the  registrant's  disclosure
      controls and procedures and presented in this report our conclusions about
      the effectiveness of the disclosure controls and procedures, as of the end
      of the period covered by this report based on such evaluation; and

            (c) Disclosed in this report any change in the registrant's internal
      control over  financial  reporting that occurred  during the  registrant's
      most recent fiscal quarter (the registrant's  fourth fiscal quarter in the
      case of an annual report) that has materially  affected,  or is reasonably
      likely to  materially  affect,  the  registrant's  internal  control  over
      financial reporting; and

      5. The  registrant's  other  certifying  officer(s) and I have  disclosed,
based  on  our  most  recent  evaluation  of  internal  control  over  financial
reporting,   to  the  registrant's  auditor  and  the  audit  committee  of  the
registrant's   board  of  directors  (or  persons   performing   the  equivalent
functions):

            (a) All  significant  deficiencies  and material  weaknesses  in the
      design or operation of internal control over financial reporting which are
      reasonably likely to adversely affect the registrant's  ability to record,
      process, summarize and report financial information; and

            (b) Any fraud, whether or not material,  that involves management or
      other employees who have a significant role in the  registrant's  internal
      control over financial reporting.


Dated:  March 25, 2004

         /s/ Francis O'Donnell
         -------------------------------
         Francis O'Donnell,
         Chief Accounting Officer
#### Hyman Goldman, Respondent, v. Nu-Boro Park Cleaners, Inc., et al., Appellants.

*781Close, P. J., Johnston and Lewis, JJ., concur; Hagarty and Taylor, JJ., concur insofar as the modification grants defendants’ motion to vacate but otherwise dissent and vote to reverse the order, insofar as appealed from, and to grant the motion in its entirety.
1

2

3

4

5

6

7

8

9

10

11

12

13

14 (1)

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY ELEV

 867.69

 867.89

 868.01

 868.25

 868.21

 868.42

 868.66

 868.89

 868.85

 868.80

 869.04

 869.14

 869.10

 868.43

 868.54

 868.77

 868.99

 869.19

 869.17

 869.18

 869.26

 869.42

 869.61

 869.84

 870.00

 870.20

 870.13

 870.32

 870.39

 870.45

 870.54

 548.5

 549.5

 550.1

 551.3

 551.1

 552.1

 553.3

 554.4

 554.2

 554.0

 555.2

 555.7

 555.5

 552.1

 552.7

 553.8

 554.9

 555.9

 555.8

 555.9

 556.3

 557.1

 558.0

 559.2

 560.0

 561.0

 560.6

 561.6

 561.9

 562.2

 562.7

STORAGE

+1.1

+1.0

+0.6

+1.2

-0.2

+1.0

+1.2

+1.1

-0.2

-0.2

+1.2

+0.5

-0.2

-3.3

+0.5

+1.1

+1.1

+1.0

-0.1

+0.1

+0.4

+0.8

+0.9

+1.1

+0.8

+1.0

-0.4

+1.0

+0.4

+0.3

+0.5

CHANGE

594

659

656

629

638

619

622

606

639

641

666

584

424

-1,174

574

612

585

548

496

592

542

560

518

612

503

586

528

523

457

466

518

INFLOW

 33

 153

 351

 18

 730

 87

 8

 24

 729

 759

 48

 330

 516

 500

 293

 20

 24

 38

 538

 564

 335

 144

 30

 23

 87

 71

 697

 40

 265

 306

 277

POWER

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

SPILL

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

OUTLET

 13

 8

 6

 10

 8

 6

 13

 6

 10

 8

 16

 2

 8

 6

 5

 16

 10

 6

 8

 3

 5

 13

 10

 10

 13

 8

 8

 2

 15

 8

 13

C.F.S.

 .08

 .05

 .04

 .06

 .05

 .04

 .08

 .04

 .06

 .05

 .10

 .01

 .05

 .04

 .03

 .10

 .06

 .04

 .05

 .02

 .03

 .08

 .06

 .06

 .08

 .05

 .05

 .01

 .09

 .05

 .08

INCHES

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .01

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

JANUARY 2015 NEW MELONES LAKE DAILY OPERATIONS RUN DATE: April 8, 2015

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

1000 ACRE-FEET

RELEASE - C.F.S.

TOTALS +15.3 16,023 8,038 0 0 273 1.69 .01

ACRE-FEET +15,300 31,782 15,943 0 0 541

COMMENTS: (1) LAKE ELEVATION RECALIBRATED LEADING TO INACURATE STORAGE CHANGE AND COMPUTED INFLOW

 * COMPUTED INFLOW IS THE SUM OF CHANGE IN STORAGE, RELEASES AND EVAPORATION.

SUMMARY

RELEASE (ACRE-FEET)

POWER 15,943

SPILL 0

OUTLET

TOTAL

 0

 15,943

PRECIPITATION

THIS MONTH =

TO DATE =

 .01

JULY 1, 2014 10.82

 547.4

Table 13
<PAGE>


                              UNITED BANCORP, INC.
                                    EXHIBITS

                                                                    EXHIBIT 32.2

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

In connection with the Quarterly Report of United Bancorp, Inc. (the "Company")
on Form 10-Q for the period ending June 30, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Randall M.
Greenwood, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. Section 1350, as enacted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:

      (3)   The Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

      (4)   The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

/s/ Randall M. Greenwood
-----------------------------------------------------
Randall M. Greenwood,
Senior Vice President and Chief Financial Officer

August 6, 2004
Editorial Note on Part 26
Editorial Note: Nomenclature changes to part 26 appear by T.D. ATF-451, 66 FR 21668, 21669, May 1, 2001.

§ 26.113 Returns for prepayment of taxes. ( a ) *General.* Except as provided in §§ 26.66(c), 26.67(b), or 26.68(b), a proprietor must have an approved bond to defer payment of taxes. If a proprietor does not have an approved bond covering the deferred payment of taxes, or if such bond is in an insufficient penal sum, or if there is default by him in any payment of tax under this subpart, liquors shall not be released from bonded storage before the proprietor has paid the tax thereon.
( b ) *Remittances.* Remittances submitted to cover prepayment of taxes under this subpart shall be in cash, United States postal money orders, certified checks, or cashier's checks.
( c ) *Distilled spirits.* In all cases where taxes equal to the taxes imposed in the United States by 26 U.S.C. 5001(a)(1) are to be paid before distilled spirits may be released for shipment, the proprietor shall pay such taxes pursuant to a return on TTB Form 5000.25, as prescribed in § 26.81.
( d ) *Wine.* In all cases where taxes equal to the taxes imposed in the United States by 26 U.S.C. 5041, are to be paid before wine may be withdrawn from bonded storage, the proprietor shall pay such taxes pursuant to a return on TTB Form 5000.25, and as prescribed in § 26.96.
( e ) *Beer.* In all cases where taxes equal to the taxes imposed in the United States by 26 U.S.C. 5051, are to be paid before beer may be withdrawn from bonded storage, the brewer shall pay such taxes pursuant to a return on TTB Form 5000.25, and as prescribed in § 26.105.
( f ) *Applicable procedures.* The procedures of § 26.112(c) with respect to returns delivered by United States mail shall apply to returns and remittances filed under the provisions of this section.
(Approved by the Office of Management and Budget under control number 1512-0497) [20 FR 6077, Aug. 20, 1955] Editorial Note
Editorial Note: For Federal Register citations affecting § 26.113, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov .*
2021_Shelby_RoadTypeDistributio

sourceTypeID roadTypeID roadTypeVMTFraction

11 1 0

11 2 0.020742693

11 3 0.077601536

11 4 0.297750936

11 5 0.603904834

21 1 0

21 2 0.020742693

21 3 0.077601536

21 4 0.297750936

21 5 0.603904834

31 1 0

31 2 0.020742693

31 3 0.077601536

31 4 0.297750936

31 5 0.603904834

32 1 0

32 2 0.020742693

32 3 0.077601536

32 4 0.297750936

32 5 0.603904834

41 1 0

41 2 0.047159567

41 3 0.063170592

41 4 0.470146337

41 5 0.419523504

42 1 0

42 2 0.047159567

42 3 0.063170592

42 4 0.470146337

42 5 0.419523504

43 1 0

43 2 0.047159567

43 3 0.063170592

43 4 0.470146337

43 5 0.419523504

51 1 0

51 2 0.047159567

51 3 0.063170592

51 4 0.470146337

51 5 0.419523504

52 1 0

52 2 0.047159567

52 3 0.063170592

52 4 0.470146337

52 5 0.419523504

53 1 0

53 2 0.047159567

53 3 0.063170592

53 4 0.470146337

Page 1
2021_Shelby_RoadTypeDistributio

53 5 0.419523504

54 1 0

54 2 0.047159567

54 3 0.063170592

54 4 0.470146337

54 5 0.419523504

61 1 0

61 2 0.030883233

61 3 0.029249518

61 4 0.74704301

61 5 0.192824239

62 1 0

62 2 0.030883233

62 3 0.029249518

62 4 0.74704301

62 5 0.192824239

Page 2
**HOME | 	  ABOUT US | 	  CONTACT | 	  REGIONAL MANAGERS**Nautical Charts & Pubs****Surveys & Wrecks****GIS & Other Products****Research & Development****Customer Service****Business Opportunities****Education****NGA Chart: 81127          Scale: 72,900          Edition: 2          Edition Date: 01-DEC-84          CORRECTED TO NTM:  1985/04**Notice Listing-  **Click the +/- buttons and drag the slider tool (solid triangle) 				to zoom in and out.** 
-  **Click the arrow buttons to pan left/right and up/down.** 
-  **Drag 				the navigation box in the upper left hand corner to move around 				the chart image.								This chart display or derived product can be used as a planning or analysis tool and may not be used as a navigational aid. 								NOTE: Use the official, full scale NGA nautical chart for real navigation whenever possible.  These are available from authorized 				NGA nautical chart sales agents.  Screen captures of the on-line viewable charts available here do NOT fulfill chart carriage 				requirements for regulated commercial vessels under Titles 33 and 46 of the Code of Federal Regulations.								Adobe Flash Player		  		is required to view the chart image.				Powered by Zoomify.** 
Privacy  |  Disclaimer  |  NOAA's National Ocean Service  |  NOAA  |  U.S. Department of Commerce **
Form 8K 2015 06 18 Exhibit 10.1






Exhibit 10.1




SECOND AMENDMENT TO THE FIRST AMENDED AND RESTATED
BREITBURN ENERGY PARTNERS LP 2006 LONG-TERM INCENTIVE PLAN 
This Second Amendment (this “Amendment”) to the First Amended and Restated Breitburn Energy Partners LP 2006 Long Term Incentive Plan, as amended (the “Plan”) is made and adopted as of April 23, 2015 by the Compensation and Governance Committee of the Board of Directors of Breitburn GP LLC (the “Committee”) acting in its capacity as the administrator of the Plan and as General Partner of Breitburn Energy Partners LP (the “Partnership”).
RECITALS
A. Breitburn GP LLC maintains the Plan, which was originally adopted as of October 9, 2006 and restated and amended effective October 29, 2009, as amended on June 27, 2011;
B. The Committee deems it advisable to amend the Plan as set forth herein, subject to the approval of this Amendment by the holders of Common Units of the Partnership (“Unitholder Approval”); and
C. Pursuant to Section 7 of the Plan, the Committee has the authority to amend the Plan, subject to certain limitations.
AMENDMENT
1. Subject to and effective as of the date of Unitholder Approval, the first sentence of Section 4(a) of the Plan is hereby amended and restated in its entirety to read as follows:
“Subject to adjustment as provided in Section 4(c), the number of Units that may be delivered with respect to Awards under the Plan is 24,702,064.”
2. Subject to and effective as of the date of Unitholder Approval, the second sentence of Section 9 of the Plan is hereby amended and restated in its entirety to read as follows:
 “The Plan shall continue until the earliest of (i) the date terminated by the Board, (ii) all Units available under the Plan have been paid to Participants or (iii) October 9, 2026.”
3. Capitalized terms used in this Amendment without definition shall have the respective meanings ascribed thereto in the Plan.
4. This Amendment shall be and is hereby incorporated in and forms a part of the Plan.
5. Except as otherwise expressly set forth in this Amendment, the Plan shall remain in full force and effect in accordance with its terms.
6. This Amendment shall be governed by and construed in accordance with the laws in force in the state of Delaware, without regard to that state’s conflict-of-laws rules and principles.
I hereby certify that this Amendment was duly adopted by the Committee on April 23, 2015.
Executed this 23rd day of April, 2015.
BREITBURN ENERGY PARTNERS LP
By: BREITBURN GP LLC, its general partner
/s/ Halbert S. Washburn                           
Halbert S. Washburn
Chief Executive Officer
###### Editorial Note on Part 478

#### Editorial Note:

Nomenclature changes to part 478 appear by T.D. ATF-411, 64 FR 17291, Apr. 9, 1999, T.D. ATF-487, 68 FR 3750, Jan. 24, 2003, and ATF-11F, 73 FR 57240, Oct. 2, 2008.

#### § 478.94 Sales or deliveries between licensees.

A licensed importer, licensed manufacturer, or licensed dealer selling or otherwise disposing of firearms, and a licensed collector selling or otherwise disposing of curios or relics, to another licensee shall verify the identity and licensed status of the transferee prior to making the transaction. Verification shall be established by the transferee furnishing to the transferor a certified copy of the transferee's license and by such other means as the transferor deems necessary: *Provided,* That it shall not be required (a) for a transferee who has furnished a certified copy of its license to a transferor to again furnish such certified copy to that transferor during the term of the transferee's current license, (b) for a licensee to furnish a certified copy of its license to another licensee if a firearm is being returned either directly or through another licensee to such licensee and (c) for licensees of multilicensed business organizations to furnish certified copies of their licenses to other licensed locations operated by such organization: *Provided further,* That a multilicensed business organization may furnish to a transferor, in lieu of a certified copy of each license, a list, certified to be true, correct and complete, containing the name, address, license number, and the date of license expiration of each licensed location operated by such organization, and the transferor may sell or otherwise dispose of firearms as provided by this section to any licensee appearing on such list without requiring a certified copy of a license therefrom. A transferor licensee who has the certified information required by this section may sell or dispose of firearms to a licensee for not more than 45 days following the expiration date of the transferee's license.

(Approved by the Office of Management and Budget under control number 1140-0032)

[T.D. ATF-270, 53 FR 10496, Mar. 31, 1988, as amended by ATF-11F, 73 FR 57241, Oct. 2, 2008]
2001 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

5-21-2001

Appel v. Horn

Precedential or Non-Precedential:

Docket 99-9003

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2001

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2001 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"Appel v. Horn" (2001). 2001 Decisions. Paper 109.

http://digitalcommons.law.villanova.edu/thirdcircuit_2001/109
Filed May 21, 2001 

UNITED STATES COURT OF APPEALS 

FOR THE THIRD CIRCUIT 

No. 99-9003 

MARTIN DANIEL APPEL 

v. 

MARTIN HORN, COMMISSIONER PENNSYLV ANIA 

DEPARTMENT OF CORRECTIONS; JAMES S. PRICE, 

SUPERINTENDENT OF THE STATE CORRECTIONAL 

INSTITUTION AT GREENE AND JOSEPH MAZURKIEWICZ, 

SUPERINTENDENT OF THE STATE CORRECTIONAL 

INSTITUTION AT ROCKVIEW, 

 Appellants 

On Appeal from the United States District Court 

for the Eastern District of Pennsylvania 

(D.C. Civ. No. 97-cv-02809) 

District Judge: Hon. William H. Yohn, Jr. 

Argued October 5, 2000 

Before: BECKER, Chief Judge, SLOVITER and 

GREENBERG, Circuit Judges 

ORDER AMENDING OPINION 

IT IS ORDERED that the slip opinion in the above case, 

filed May 3, 2001, be amended as follows: 

The second sentence of footnote 5 on page 16 should be 

deleted and the following substituted in its stead:
 However, the District Court declined to r each that 

 argument when granting Appel's habeas petition, and 

 we see no reason to consider it here. 

 BY THE COURT: 

 /s/Dolores K. Sloviter 

 Circuit Judge 

DATED: May 21, 2001 

A True Copy: 

Teste: 

 Clerk of the United States Court of Appeals 

 for the Third Circuit 

 2