alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v James Moss, Appellant.

Judgment unanimously reversed on the law, motion to suppress granted and new trial granted. Memorandum: The suppression court erred in concluding that defendant lacked standing to challenge the search of the apartment leased by Rhonda Watts. Evidence presented at the suppression hearing established that, prior to the date of the search, defendant had lived in the apartment with Watts and their four children for at least six months. Although Watts testified that she threw him out of the apartment some two weeks before the date of the search, all of his clothing and personal belongings remained at the apartment. Further, defendant returned to the apartment on several occasions to see his children, had access to the apartment when Watts was not at home, was present on three separate occasions on the date of the search, the most recent of which was some 20 to 25 minutes before the search, and might have slept overnight at the apartment the night before. There is no proof that defendant had any other place of residence. Defendant’s connection with the premises was substantially greater than that of a casual visitor, and we conclude that, under these circumstances, defendant had a reasonable expectation of privacy in the home *(see, Minnesota v Olson,*495 US —, —, 110 S Ct 1684, 1687-1690; *People v Rice,*168 AD2d 901 [decided herewith]; *State v Corpier,*793 SW2d 430 [Mo]; *State v Carter,*22 Conn App 118, 576 A2d 572; *United States v Sangineto-Miranda,*859 F2d 1501, 1510). Because the People established no justification for the warrantless search, the motion to suppress should have been granted.

Because we are unable to conclude beyond a reasonable doubt that there is no reasonable possibility that admission of the tainted evidence contributed to defendant’s conviction, the *961error was not harmless *(see, People v Crimmins,*36 NY2d 230, 237). There was, however, legally sufficient evidence independent of the items seized to support the conviction, and accordingly, we grant a new trial *(see,*CPL 470.20 [1]; *People v Bouton,*50 NY2d 130, 136). (Appeal from judgment of Supreme Court, Erie County, Wolfgang, J. — burglary, second degree.) Present — Denman, J. P., Boomer, Pine, Balio and Davis, JJ.
[Federal Register Volume 65, Number 232 (Friday, December 1, 2000)]
[Notices]
[Page 75307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30605]



[[Page 75307]]

-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of First Amendment to the Modification of the 
Work Schedule Pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that on November 14, 2000, a proposed First Amendment to 
the Modification of the Work Schedule (``Work Schedule Modification'') 
in United States and the State of New Hampshire v. City of Dover, et 
al, Civil Action No. 1:92-CV-406-M, was lodged with the United States 
District Court for the District of New Hampshire. This Work Schedule 
Modification revises a Consent Decree that was entered by the Court in 
1993 (``1993 Consent Decree'').
    In the 1993 Consent Decree the settling defendants agreed to 
implement the Record of Decision (``ROD'') for the Dover Municipal 
Landfill Superfund Site (``Site'') in Dover, New Hampshire. The ROD 
required the settling defendants to construct a cap and pump and treat 
the groundwater. The proposed Work Schedule Modification amends the 
1993 Consent Decree by extending the completion date of the final 
Remedial Design and commencement of the Remedial Action until November 
30, 2001. During this additional time, the settling defendants will 
complete a field study of a bioremediation technology at the Site. 
Continuing the bioremediation study and delaying the commencement of 
the cap allows the parties to continue exploring a significantly less 
expensive innovative technology while continuing to protect the 
environment.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the Work 
Schedule Modification. Comments should be addressed to the Assistant 
Attorney General for the Environment and Natural Resources Division, 
P.O. Box 7611, U.S. Department of Justice, Washington, D.C. 20044-7611, 
and should refer to United States and the State of New Hampshire v. 
City of Dover, et al., DOJ Ref. #90-11-2-735.
    The Work Schedule Modification may be examined at the office of the 
United States Attorney, District of New Hampshire, U.S. Department of 
Justice, 55 Pleasant Street, Room 352, Concord, New Hampshire, 03301-
3904, and at U.S. EPA New England (Region 1), 1 Congress Street, Suite 
1100, Boston, Massachusetts, 02114. A copy of the Work Schedule 
Modification may also be obtained by mail from the Consent Decree 
Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC. 
20044-7611. In requesting a copy, please enclose a check in the amount 
of $6.00 (25 cents per page reproduction cost) payable to the Consent 
Decree Library.

Walker Smith,
Principal Deputy Chief, Environmental Enforcement Section, 
Environmental and Natural Resources Division.
[FR Doc. 00-30605 Filed 11-30-00; 8:45 am]
BILLING CODE 4410-15-M
Fourth Amendment to the Premcor Inc. Pension Plan



 Exhibit 10.2 
  
 FOURTH AMENDMENT TO THE 
 PREMCOR PENSION PLAN FOR CERTAIN UNION EMPLOYEES 
  
 WHEREAS, Premcor Inc. (“Premcor”) previously adopted the Premcor Pension Plan for Certain Union Employees (“Plan”); and 
  
 WHEREAS, Premcor reserved the right to amend the Plan in Section 12 thereof; and 
  
 WHEREAS, effective January 1, 2005, for paragraphs one and two, Premcor desires to amend the Plan to reflect a change in
Plan sponsorship to The Premcor Refining Group Inc. (“Company”) and effective March 28, 2005, for paragraph three to reduce the limit for certain mandatory distributions; 
  
 NOW THEREFORE, the Plan is amended as follows: 
  
 1. Section 1E is deleted and in its place is substituted the following: 
  
 E. “Company” means (i) prior to January 1, 2005, Premcor Inc. and
(ii) on and after January 1, 2005, The Premcor Refining Group Inc. 
  
 2. Section 16G is deleted and in its place is substituted the following: 
  
 G. Administration of Plan. 
  
 1. The Company shall be the Plan Administrator. 
  
 2. The General Counsel of the Company shall be agent of the Plan for service of legal process. 
  
 3. All references to the amount “$5,000” in Sections 9 and 16D are
hereby replaced by the amount “$1,000”. 
  
 IN WITNESS
WHEREOF, Premcor and the Company have caused this amendment to be executed by a duly authorized officer this 14 day of February, 2005. 
  

			
	PREMCOR INC.
		
	By:	 	 /s/ James R. Voss


	
	THE PREMCOR REFINING GROUP INC.
		
	By:	 	 /s/ Dennis R. Eichholz
IIA

103D CONGRESS

1ST SESSION H. R. 1036

IN THE SENATE OF THE UNITED STATES

NOVEMBER 10 (legislative day, NOVEMBER 2), 1993

Received; read twice and referred to the Committee on Labor and Human

Resources

AN ACT

To amend the Employee Retirement Income Security Act

of 1974 to provide that such Act does not preempt

certain State laws.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. ERISA PREEMPTION RULES NOT TO APPLY TO

4 CERTAIN ADDITIONAL STATE LAWS.

5 Section 514(b) of the Employee Retirement Income

6 Security Act of 1974 (29 U.S.C. 1144(b)) is amended by

7 adding at the end the following new paragraph:

8 ‘‘(9) Subsection (a) shall not apply to—
2

HR 1036 RFS

1 ‘‘(A) any provision of State law to the extent

2 that such provision requires the payment of prevail3 ing wages, including employee benefits, on public

4 projects and permits any prevailing employee benefit

5 plan contribution or cost requirement of such law to

6 be met by crediting—

7 ‘‘(i) the payment of employee benefit plan

8 contributions or costs,

9 ‘‘(ii) the payment of wages in lieu of such

10 contributions or costs, or

11 ‘‘(iii) the payment of a combination of

12 wages and such contributions or costs;

13 except that this subparagraph shall not be construed

14 to exempt from subsection (a) any such provision to

15 the extent it otherwise mandates the maintenance of,

16 or otherwise regulates the benefits or operations of,

17 any employee benefit plan;

18 ‘‘(B) any provision of State law to the extent

19 that such provision—

20 ‘‘(i) establishes minimum standards for the

21 certification or registration of apprenticeship or

22 other training programs,

23 ‘‘(ii) concerns the establishment, mainte24 nance, or operation of a certified or registered

25 apprenticeship or other training program, or
3

HR 1036 RFS

1 ‘‘(iii) makes certified or registered appren2 ticeship or other training an occupational quali3 fication,

4 and does not conflict with any right, requirement, or

5 duty established under this title; or

6 ‘‘(C) any provision of State law to the extent

7 that such provision provides for a mechanics’ lien or

8 other lien, bonding, or other security for the collec9 tion of delinquent contributions to a multiemployer

10 plan.’’.

11 SEC. 2. EFFECTIVE DATE.

12 The amendment made by section 1 shall take effect

13 on the date of the enactment of this Act and shall apply

14 to matters with respect to which actions are pending on

15 or after such date.

Passed the House of Representatives November 9,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.
Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (P.L. 92-463), (5 U.S.C., Appendix 2), notice is hereby given of an Industry Day to discuss Controller Pilot Data Link Communications (CPDLC), to be held February 29, 2000 from 8:30 a.m. to 3:30 p.m., at the Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC., in the third floor auditorium. This meeting is sponsored by the FAA Office of Communications, Navigation, and Surveillance Systems.

                    Presentations will include an overview of the CPDLC project from government and industry representatives. These presentations will provide the aviation community with current information about the status of CPDLC. There will be a panel discussion in the afternoon and time                     Start Printed Page 6687                    will be allocated to questions, answers, and general discussions.                

Attendance is open to the interested public but limited to space availability. With the approval of the Product Lead for Aeronautical Data Link, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact Mr. James H. Williams, FAA, at (202) 493-4693. Members of the public may present a written statement to the Product Lead at any time.

Issued in Washington, DC, on February 2, 2000.

Carl P. McCullough,

Director, Office of Communications, Navigation and Surveillance Systems.

[FR Doc. 00-3078  Filed 2-9-00; 8:45 am]

BILLING CODE 4910-13-M
Case 4:22-cv-00984-P-BJ Document 1 Filed 11/01/22 Page 1 of 15 PageID 1
Case 4:22-cv-00984-P-BJ Document 1 Filed 11/01/22 Page 2 of 15 PageID 2
Case 4:22-cv-00984-P-BJ Document 1 Filed 11/01/22 Page 3 of 15 PageID 3
Case 4:22-cv-00984-P-BJ Document 1 Filed 11/01/22 Page 4 of 15 PageID 4
Case 4:22-cv-00984-P-BJ Document 1 Filed 11/01/22 Page 5 of 15 PageID 5
Case 4:22-cv-00984-P-BJ Document 1 Filed 11/01/22 Page 6 of 15 PageID 6
Case 4:22-cv-00984-P-BJ Document 1 Filed 11/01/22 Page 7 of 15 PageID 7
Case 4:22-cv-00984-P-BJ Document 1 Filed 11/01/22 Page 8 of 15 PageID 8
Case 4:22-cv-00984-P-BJ Document 1 Filed 11/01/22 Page 9 of 15 PageID 9
Case 4:22-cv-00984-P-BJ Document 1 Filed 11/01/22 Page 10 of 15 PageID 10
Case 4:22-cv-00984-P-BJ Document 1 Filed 11/01/22 Page 11 of 15 PageID 11
Case 4:22-cv-00984-P-BJ Document 1 Filed 11/01/22 Page 12 of 15 PageID 12
Case 4:22-cv-00984-P-BJ Document 1 Filed 11/01/22 Page 13 of 15 PageID 13
Case 4:22-cv-00984-P-BJ Document 1 Filed 11/01/22 Page 14 of 15 PageID 14
Case 4:22-cv-00984-P-BJ Document 1 Filed 11/01/22 Page 15 of 15 PageID 15
EXHIBIT 10-16



                               CONSENT MEMORANDUM

<Table>
<S><C>
TO:               Michigan Consolidated Gas Company Bank Group

FROM:             JPMorgan Chase Bank, N.A., as Administrative Agent
                  Barclays Bank PLC and Citigroup Global Markets Inc., as Co-Syndication Agents

RE:               Michigan Consolidated Gas Company / March 2005 Financial Covenant Consent

DATE:             May 9, 2005
</Table>
--------------------------------------------------------------------------------

                  Reference is hereby made to that certain Amended and Restated
Five-Year Credit Agreement, dated as of October 15, 2004, by and among MICHIGAN
CONSOLIDATED GAS COMPANY, as borrower (the "Borrower"), the financial
institutions from time to time parties thereto (the "Lenders"), JPMORGAN CHASE
BANK, N.A. (successor by merger to BANK ONE, NA (MAIN OFFICE - CHICAGO)), in its
individual capacity as a Lender and in its capacity as contractual
representative (the "Administrative Agent") and BARCLAYS BANK PLC and CITIGROUP
GLOBAL MARKETS INC., as Co-Syndication Agents (as amended, restated or otherwise
modified from time to time, the "Credit Agreement"). Terms used herein and not
otherwise defined herein shall have the meanings set forth in the Credit
Agreement.

                  By this memorandum and at the request of the Borrower, the
Administrative Agent is seeking your consent pursuant to Section 8.01 of the
Credit Agreement, notwithstanding the limitations set forth in Section
6.01(j)(i) of the Credit Agreement, that the Borrower shall not be required to
comply with the provisions of Section 6.01(j)(i) of the Credit Agreement for the
twelve-month period ending on March 31, 2005. The consent provided hereunder
does not amend, waive or otherwise modify any other provision of the Credit
Agreement.

                  Please indicate your consent by filling in your institution's
name and signing and dating this Consent Memorandum in the space provided below
and return one copy by fax or e-mail to the attention of Michael Harrison at
Sidley Austin Brown & Wood LLP, counsel to the Administrative Agent (fax number:
312/853-7036; e-mail: mharrison@sidley.com) before 10:00 a.m. (New York time) on
May 10, 2005. Upon receipt of facsimile or electronically delivered acceptances
from the Required Lenders, such consent will be effective.

                  Please do not hesitate to contact your respective business
contact at the applicable Agent with any questions you may have regarding the
foregoing.

Acknowledged and Agreed as of the
___ day of ______________________, 2005

_______________________________________
     [Insert Legal Name of Entity]


By:________________________________
Its:________________________________
Exhibit 31.2
**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**
I, Alan B. Catherall, certify that:
1. I have reviewed this annual report on Form 10-K of Numerex Corp.;
2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;
3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in this report;
4. The registrant’s other certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) forthe registrant and have:
a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is being prepared;
b) [omitted pursuant to the guidance of Release No. 33-8283 (June 5, 2003)]
c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures as of the end of the period covered by this report based on such evaluation; and
d) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financialreporting; and
5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee 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 internalcontrol over financial reporting which are reasonably likely to adversely affect theregistrant’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 asignificant role in the registrant’s internal control over financial reporting.
Date: March 23, 2005      */s/* Alan B. Catherall       Alan B. Catherall   Chief Financial Officer   Executive Vice President, and   Principal Financial and Accounting Officer  
64
**Final Listing of Questionnaire Files for Steam Electric Rulemaking Record**

**Plant ID** 

### 07437 **Removed from Public**  **(Non-CBI) Docket** **1 Copyright** 

**Flag 2**  **File Name Description**  

### 07437\07437_Completeness_Checklist.xls EPA Completeness Review Checklist 

### 07437\07437_HardcopyLog.doc EPA log of hardcopy documents submitted 

### x 07437\07437_Part A.xls Plant submitted survey file 

### x 07437\07437_Part B.xls Plant submitted survey file 

### x 07437\07437_Part C.xls Plant submitted survey file 

### x 07437\07437_Part D.xls Plant submitted survey file 

### x 07437\07437_Part H.xls Plant submitted survey file 

### x 07437\7437_Checklist.xls EPA Technical Review Checklist Workbook



### 07437\Certification Statement Plant ID 07437.pdf Plant certification statement 

### x 07437\Questions7437.doc Email communications regarding questions on the survey response 

### x 07437\Supplemental Documents\07437_MCGS A5-2.jpg Plant submitted supplemental files to the survey 

### x 07437\Supplemental Documents\07437_MCGS A5-3.xls Plant submitted supplemental files to the survey 

### x 07437\Supplemental Documents\07437_MCGS D3-1.xls Plant submitted supplemental files to the survey 

### x 07437\Telecon documents\EPA Steam Electric Questionnaire Michigan City_2.rtf Technical Review Correspondence 

### x 07437\Telecon documents\Fw EPA Steam Electric Questionnaire Michigan City.rtf Technical Review Correspondence 

### x 07437\Telecon documents\Re EPA Steam Electric Questionnaire 7437- NOx Controls.rtf Technical Review Correspondence



### 07437\Supplemental Documents\07437_ICR CoverLetter.pdf Plant submitted supplemental files to the survey

1Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database

. 2Copyright documents are available from the docket.
[Federal Register Volume 65, Number 234 (Tuesday, December 5, 2000)]
[Notices]
[Page 75955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30865]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-433]


Certain Safety Eyewear and Components Thereof; Notice of 
Commission Decision Not To Review an Initial Determination Terminating 
the Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ's'') initial determination (``ID'') terminating the 
above-captioned investigation in its entirety based on a settlement 
agreement.

FOR FURTHER INFORMATION CONTACT: Gracemary Rizzo, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
S.W., Washington, D.C. 20436, telephone (202) 205-3117. Hearing-
impaired persons are advised that information on this matter can be 
obtained by contacting the Commission's TDD terminal on 202-205-1810. 
General information concerning the Commission may also be obtained by 
accessing its Internet server (http://www.usitc.gov).

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 1, 2000, based on a complaint filed by Bacou USA Safety, Inc. 
and Uvex Safety Manufacturing, Inc. (``complainants''), both of 
Smithfield, Rhode Island. The complaint named one respondent, Crews, 
Inc. of Memphis, Tennessee.
    On October 23, 2000, complainants and respondent filed a joint 
motion to terminate the investigation on the basis of the settlement 
agreement under Commission rule 210.21(b).
    On November 2, 2000, the Commission investigative attorney filed a 
response supporting the motion the joint motion. On November 3, 2000, 
the ALJ issued an ID (Order No. 37) granting the joint motion. No party 
petitioned for review of the ID.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in section 210.42 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42). Copies of the ALJ's ID and all other nonconfidential 
documents filed in connection with this investigation are or will be 
available for inspection during official business hours (8:45 a.m. to 
5:15 p.m.) in the Office of the Secretary, U.S. International Trade 
Commission, 500 E Street, S.W., Washington, D.C. 20436, telephone 202-
205-2000.

    Issued: November 28, 2000.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-30865 Filed 12-4-00; 8:45 am]
BILLING CODE 7020-02-P