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

— Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Brewster, J.), rendered July 16, 1982, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

The police may lawfully conduct a warrantless search of a premises when they have obtained the consent of any party who possesses the requisite degree of authority and control over the premises *(United States v Matlock,*415 US 164; *Schneckloth v Bustamonte,*412 US 218; *People v Cosme,*48 *400NY2d 286). Here, we find that the defendant’s girlfriend, who had lived in the subject apartment with the defendant for approximately *2Vz*years, had the authority to consent to a search of the premises including the master bedroom, which they shared. While she had left the apartment a week before the search and after a fight with the defendant, her clothes remained in the apartment and she had apparently reconciled with the defendant the night before the search and had in fact, stayed overnight on the premises. The fact that the defendant had physically assaulted her and had taken away her keys does not mitigate against her valid authority and control over the premises. Accordingly, the court properly denied that branch of the defendant’s omnibus motion which was to suppress the gun discovered in the bedroom.

We have examined the defendant’s remaining contentions and find them to be without merit. Mangano, J. P., Weinstein, Lawrence and Kooper, JJ., concur.
Exhibit 32.2

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 Quarterly Report on Form 10-Q of OmniComm Systems, Inc. (the Company) for the quarter ended September 30 2008, as filed with the Securities and Exchange Commission on the date hereof (the
Report), the undersigned, being, Ronald T. Linares, Chief Financial Officer of the Company, certify, 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 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/ Ronald T. Linares                                                                            
|Ronald T. Linares                                                                                
|Executive Vice President and Chief Financial Officer (principal financial and accounting officer)

November 14, 2008
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Matthew R Rowland
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                                                (Clicking on the reprint icon
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                                                    will take you to the publication reprint.)Field survey of electrical grounding systems on commercial broiler houses in Mississippi and Alabama
                                                        

- (Peer Reviewed Journal)Rowland, M.R., Chesser, G.D., Linhoss, J.E., Davis, J.D., Campbell, J.C., Purswell, J.L. 2023. Field survey of electrical grounding systems on commercial broiler houses in Mississippi and Alabama. Applied Engineering in Agriculture. 39(2):245-249. https://doi.org/10.13031/aea.15501.


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<PAGE>   1
                                                                   Exhibit 10.18


                   FIRST AMENDMENT TO NIPSCO INDUSTRIES, INC.

                 NONEMPLOYEE DIRECTOR RESTRICTED STOCK UNIT PLAN

     WHEREAS, NiSource Inc. (formerly NIPSCO Industries, Inc.) (the
"Corporation") adopted the NIPSCO Industries, Inc. Nonemployee Director
Restricted Stock Unit Plan, effective January 1, 1999 (the "Plan"); and

     WHEREAS, pursuant to Section 14 of the Plan, the Nominating and
Compensation Committee of the Board of Directors of the Corporation deems it to
be in the Corporation's best interest to amend the Plan as described below;

     NOW, THEREFORE, the Plan is hereby amended, effective April 1, 1999, as
follows:

     1.   The Plan is renamed the NiSource Inc. Nonemployee Director Restricted
          Stock Unit Plan;

     2.   The first sentence of Section 6, paragraph (b) is amended to read as
          follows:

               Notwithstanding the provisions of paragraph (a) next above, all
          Restricted Stock Units granted to a Nonemployee Director shall become
          fully matured upon the Nonemployee Director's termination of service
          on the Board due to death, disability, retirement from service on the
          Board after attaining the age of seventy (70) years, or a Change in
          Control of the Corporation.

     3.   Paragraph 9 is deleted in its entirety and replaced with the
          following:

               If the Nonemployee Director's service on the Board is terminated
          for any reason other than death, disability, retirement from service
          on the Board after attaining the age of seventy (70) years, or a
          Change in Control of the Corporation, then each Nonemployee Director's
          rights with respect to Restricted Stock Units which have not matured
          on or prior to the date of the occurrence of such event will terminate
          and be forfeited and neither the Nonemployee Director nor his heirs,
          personal representatives, successors or assigns shall have any future
          rights with respect to any such Restricted Stock Units.

     This First Amendment to the Plan has been executed by a duly authorized
officer of the Corporation.



                                    By: /s/ Mark D. Wyckoff
                                       -----------------------------
                                       Mark D. Wyckoff
                                       Vice President, Human Resources
[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Notices]
[Pages 47628-47629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18407]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB365]


New England Fishery Management Council; Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of public meeting.

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

SUMMARY: The New England Fishery Management Council (Council) is 
scheduling a public meeting of its

[[Page 47629]]

Herring Committee via webinar to consider actions affecting New England 
fisheries in the exclusive economic zone (EEZ). Recommendations from 
this group will be brought to the full Council for formal consideration 
and action, if appropriate.

DATES: This webinar will be held on Wednesday, September 15, 2021, at 9 
a.m. Webinar registration URL information: https://attendee.gotowebinar.com/register/6943427340740638731.

ADDRESSES: Council address: New England Fishery Management Council, 50 
Water Street, Mill 2, Newburyport, MA 01950.

FOR FURTHER INFORMATION CONTACT: Thomas A. Nies, Executive Director, 
New England Fishery Management Council; telephone: (978) 465-0492.

SUPPLEMENTARY INFORMATION:

Agenda

    The Herring Committee will review and select final preferred 
alternatives for Framework 9, an action considering a rebuilding plan 
and potential adjustments to herring accountability measures. They will 
discuss initial work priorities for 2022 specific to the Herring 
Fishery Management Plan. The Council will consider these 
recommendations at the September Council meeting. Other business may be 
discussed, as necessary.
    Although non-emergency issues not contained on the agenda may come 
before this Council for discussion, those issues may not be the subject 
of formal action during this meeting. Council action will be restricted 
to those issues specifically listed in this notice and any issues 
arising after publication of this notice that require emergency action 
under section 305(c) of the Magnuson-Stevens Act, provided the public 
has been notified of the Council's intent to take final action to 
address the emergency. The public also should be aware that the meeting 
will be recorded. Consistent with 16 U.S.C. 1852, a copy of the 
recording is available upon request.

Special Accommodations

    This meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Thomas A. Nies, Executive Director, at (978) 465-
0492, at least 5 days prior to the meeting date.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 23, 2021.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2021-18407 Filed 8-25-21; 8:45 am]
BILLING CODE 3510-22-P
#### Condon, Graham & Milner *v.*Dehart.

Per Curiam.

1. Where an attachment was issued, levied, and returned to the superior court,, and in proper time a declaration in attachment was filed, which was headed with the name of the case and commenced with the allegation that the plaintiff showed to the court that the attachment had been issued and levied, it was amendable by adding an address to the superior court.

2. The declaration in attachment was not subject to any of the grounds of demurrer urged against it.

*(a)*The first ground of the demurrer was not referred to in the brief of the plaintiffs in error, and will be treated as abandoned.

3. A bill of exceptions pendente lite, which alleged that an amendment *186to the petition was offered and was allowed over objection of the defendant, without showing any ground of objection made to it, does not sufficiently present any .question for decision.by this court.

February 12, 1915.

Attachment. Before Judge Jones. Habersham superior court. November 10, 1913.

*McMillan & Erwin,*for plaintiffs in error.

*B. D. Sisk, G. B. Bush,*and *J. G. Edwards & Sons,*contra.

4. Some of the grounds of the motion for a new trial complained of the failure or omission to charge certain principles of law, without showing ■that any proper written requests for .such charges were made. In other instances complaints were made that certain requested instructions were not given. None of these assignments of error were meritorious when considered in connection with the entire charge of the court, which covered the issues involved, and substantially covered the requests to charge in so far as they stated pertinent principles of law applicable to the case.

5. The evidence was sufficient to support the verdict, and there was no error either in refusing to grant a nonsuit or in overruling the general grounds of the motion for a new trial.

*Judgment affirmed.*

*All the Justices concur, except Fish, O. J., absent.*
### M A N D A T E

TO THE 261ST DISTRICT COURT of TRAVIS COUNTY, GREETINGS:

Before our Court of Appeals for the Thirteenth District of Texas, on the 26th day of

February, 2015, the cause upon appeal to revise or reverse your judgment between

USA WALNUT CREEK, DST, Appellant,

v.

TERRACON CONSULTANTS, INC.

F/K/A HBC ENGINEERING, INC., Appellee.

CAUSE NO. 13-13-00194-CV (Tr.Ct.No. D-1-GN-13-000656)

was determined; and therein our said Court made its order in these words:

THE THIRTEENTH COURT OF APPEALS, having considered this cause on

appeal, concludes the judgment of the trial court should be REVERSED and the cause

REMANDED to the trial court. The Court orders the judgment of the trial court

REVERSED and REMANDED for further proceedings consistent with its opinion. Costs

of the appeal are adjudged against appellee.

We further order this decision certified below for observance.

      

WHEREFORE, WE COMMAND YOU to observe the order of our said Court of Appeals

for the Thirteenth District of Texas, in this behalf, and in all things have it duly

recognized, obeyed and executed.

WITNESS, the Hon. Rogelio Valdez, Chief Justice of our Court of Appeals, with the seal

thereof affixed, at the City of Edinburg, Texas this 17th day of August, 2015.

Cecile Foy Gsanger, CLERK
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