alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2006237EN.01001802.xml

| 30.9.2006 | EN | Official Journal of the European Union | C 237/18 |
| --- | --- | --- | --- |

30.9.2006

EN

Official Journal of the European Union

C 237/18

---

Action brought on 28 July 2006 — Bellantone v Court of Auditors

(Case F-85/06)

(2006/C 237/32)

Language of the case: French

Parties

Applicant: Gerardo Bellantone (Luxembourg, Luxembourg) (represented by: T. Bontinck and J. Feld, lawyers)

Applicant:

Defendant: European Court of Auditors

Defendant:

Form of order sought

The applicant claims that the Tribunal should:

| — | Annul the decision of the Secretary-General of the European Court of Auditors of 30 March 2006 rejecting the applicant's complaint seeking payment of the balance of the allowance in lieu of additional notice, of the severance grant and of the daily subsistence allowance; |
| --- | --- |

—

Annul the decision of the Secretary-General of the European Court of Auditors of 30 March 2006 rejecting the applicant's complaint seeking payment of the balance of the allowance in lieu of additional notice, of the severance grant and of the daily subsistence allowance;

| — | Order the defendant to pay: (i) EUR 20 751,45 in respect of additional notice, (ii) EUR 39 247,74 corresponding to the severance grant to which the applicant could have been entitled, (iii) EUR 8 467,02 in respect of daily subsistence allowance; |
| --- | --- |

—

Order the defendant to pay: (i) EUR 20 751,45 in respect of additional notice, (ii) EUR 39 247,74 corresponding to the severance grant to which the applicant could have been entitled, (iii) EUR 8 467,02 in respect of daily subsistence allowance;

| — | Order the defendant to pay interest for late payment until payment is made; |
| --- | --- |

—

Order the defendant to pay interest for late payment until payment is made;

| — | Order the rectification of the remarks made in the contested decision concerning the absence of any remark by the applicant regarding the threat of possible dismissal by the defendant; |
| --- | --- |

—

Order the rectification of the remarks made in the contested decision concerning the absence of any remark by the applicant regarding the threat of possible dismissal by the defendant;

| — | Order the defendant to pay the costs. |
| --- | --- |

—

Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, a former member of the temporary staff of the European Court of Auditors in Grade A*8, was appointed as a probationary official in Grade A*5, without his agreement being sought beforehand.

In his application, the applicant maintains that the defendant's conduct amounts to breaches of contractual and non-contractual duties. He alleges infringement of the Code of good administrative conduct for the staff of the European Court of Auditors, infringement of Article 25 of the Staff Regulations, as well as infringement of the general principles of the law of the public service relating to sound administration, legitimate expectations and the retention of acquired rights.

---
[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Notices]
[Pages 9819-9820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3819]


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

OFFICE OF MANAGEMENT AND BUDGET


Agency Information Collection Activities: Proposed Collection; 
Generic Clearance for the Collection of Qualitative Feedback on Agency 
Service Delivery; Correction

AGENCY: Office of Management and Budget (OMB).

ACTION: Correction.

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

SUMMARY: This document corrects errors that appeared in the Federal 
Register on December 22, 2010, entitled ``Agency Information Collection 
Activities: Proposed Collection; Comment Request; Generic Clearance for 
the Collection of Qualitative Feedback on Agency Service Delivery.''

FOR FURTHER INFORMATION CONTACT: <a href="/cdn-cgi/l/email-protection#a4f7c1d6d2cdc7c1e0c1c8cdd2c1d6dde7cbc9c9c1cad0d7e4cbc9c68ac1cbd48ac3cbd2"><span class="__cf_email__" data-cfemail="7a291f080c13191f3e1f16130c1f0803391517171f140e093a151718541f150a541d150c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: In notice document 2010-002 on page 80542 in 
the issue of Wednesday, December 22, 2010, make the following 
correction:
    On page 80542, in the third column, beginning with ``The following 
agencies

[[Page 9820]]

are planning to submit this collection to OMB for approval * * * ,'' 
the following agencies shall be included: General Services 
Administration, National Science Foundation, Nuclear Regulatory 
Commission, Office of Personnel Management, Small Business 
Administration, and U.S. Agency for International Development. Due to 
an oversight, those agencies were inadvertently omitted. All Chief 
Financial Officers Act agencies should have been included in the joint 
notice.

Shelley Metzenbaum,
Associate Director for Performance and Personnel Management.
[FR Doc. 2011-3819 Filed 2-18-11; 8:45 am]
BILLING CODE 3110-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
<PAGE>   1
                                                                    EXHIBIT 3.3

                            CERTIFICATE OF AMENDMENT
                AMENDED AND RESTATED CERTIFICATE OF INCORPORATION
                                       OF
                               UCBH HOLDINGS, INC.

         UCBH Holdings, Inc., a corporation organized and existing under and by
virtue of the General Corporation Law of the State of Delaware (the
"Corporation"), DOES HEREBY CERTIFY:

         FIRST: That by unanimous written consent in lieu of a meeting of the
Board of Directors of UCBH Holdings, Inc. in accordance with Section 141(f) of
the General Corporation Law of the State of Delaware, resolutions were duly
adopted setting forth a proposed amendment to Article FOURTH, Section A of the
Amended and Restated Certificate of Incorporation of said Corporation, declaring
said amendment to be advisable and directing that the proposed amendment be
considered at the next annual meeting of the stockholders. The resolution
setting forth the proposed amendment is as follows:

         RESOLVED, that Article FOURTH, Section A of the Amended and Restated
         Certificate of Incorporation of UCBH Holdings, Inc. be and hereby is
         deleted and replaced with the following:

         FOURTH:

                  A. The total number of shares of all classes of stock which
         the Corporation shall have authority to issue is one hundred million
         (100,000,000) consisting of:

                  1. Ten million (10,000,000) shares of Preferred Stock, par
                     value one cent ($.01) per share (the "Preferred Stock");
                     and

                  2. Ninety million (90,000,000) shares of Common Stock, par
                     value one cent ($.01) per share (the "Common Stock").

         SECOND: That thereafter, pursuant to resolution of its Board of
Directors, the annual meeting of the stockholders of the Corporation was duly
called and held, at which meeting the necessary number of shares as required by
statute were voted in favor of the amendment.

         THIRD: That the aforesaid amendment was duly adopted in accordance with
the applicable provisions of Section 242 of the General Corporation Law of the
State of Delaware.


<PAGE>   2



         IN WITNESS WHEREOF, UCBH Holdings, Inc. has caused this certificate,
which amends the Amended and Restated Certificate of Incorporation and which has
been duly adopted by the Board of Directors of the Corporation and approved by
the stockholders of the Corporation in accordance with the Section 242 of the
General Corporation Law of the State of Delaware, to be executed and attested by
its duly authorized officer this 27th day of April, 2001.

                                             UCBH Holdings, Inc.

                                       By:   /s/ Jonathan H. Downing
                                             ----------------------------
                                             Jonathan H. Downing
                                             Senior Vice President, Chief
                                             Financial Officer and Treasurer
#### § 243.1 What is the purpose of this part?

The Department's policy is to encourage and develop the activity and responsibility of Alaska Natives in all branches of the reindeer industry and business in Alaska, and to preserve the Native character of that industry and business. This part contains requirements governing acquisition and transferring reindeer and reindeer products in Alaska.
[No. 5704.]

#### The People ex rel. Stoop et al. v. Lawson et al.

Former Opinion Followed.

The question involved in. this case was passed upon and determined in Dunton v. People ex rel. Ailcin et'al., 36 Colo. 128.

*443
      *Error to the District Court of Otero County.*

*Eon. N. Walter*Dixon, *Judge.*

Action by the people on the relation of Frank I). Stoop and Andrew Nicholes against J. E. Lawson and P. J. Eeifel. From an order sustaining a demurrer to the complaint, plaintiff brings error.

*Reversed.*

Mr. W. B. Gobin and Mr. E. C. Glenn, for plaintiffs in error.

Mr. E. S. Beall, Mr. F. A. Sabin and Mr. S. H. White, for defendants in error.

Mr. Justice Bailey

delivered the opinion of the court:

The complaint in this action alleged that Eocky Ford was a city of the second class and that in the election held therein on the 4th day of April, 1905, for the purpose of electing aldermen from the first ward, plaintiffs in error received the greatest number of votes cast for such offices in such ward; that, notwithstanding this, defendants in error have usurped and intruded into such offices and are exercising the duties thereof; and praying* for judgment of ouster against respondents and that relators be placed in possession of such offices.

To this complaint a demurrer was filed and the contention was and is that the complaint is defective in that it fails to show tlmt relators received a majority of all of the votes cast in the entire city.

The trial court sustained the demurrer and the matter comes here on error.

The question involved herein was disposed of in *Dunton v. People of the State of Colorado ex rel. Aikin et al.,*36 Colo. 128, just decided.

The judgment will be reversed and the cause, remanded'with instructions to overrule the demurrer, *444and if the matter is further litigated it will be for the sole purpose of determining as to who, according to the official canvass, received the greatest number of votes cast in the first ward for aldermen.

*Reversed.*

Chief Justice Gabbert and Mr. Justice Goddard concur. _
### §14705. Selective early retirement: reserve general and flag officers of the Navy and Marine Corps

(a) Authority To Consider.—An officer in the Navy Reserve in an active status serving in the grade of rear admiral (lower half) or rear admiral and an officer in the Marine Corps Reserve in an active status serving in the grade of brigadier general or major general may be considered for early retirement whenever the Secretary of the Navy determines that such action is necessary.

(b) Boards.—(1) If the Secretary of the Navy determines that consideration of officers for early retirement under this section is necessary, the Secretary shall convene a selection board under section 14101(b) of this title to recommend an appropriate number of officers for early retirement.

(2) In the case of such a board convened to consider officers in the grade of rear admiral or major general, the Secretary of the Navy may appoint the board without regard to section 14102(b) of this title. In doing so, however, the Secretary shall ensure that—

(A) each regular commissioned officer appointed to the board holds a grade higher than the grade of rear admiral or major general; and

(B) at least one member of the board is a reserve officer who holds the grade of rear admiral or major general.

(c) Separation Under Section 14514.—An officer selected for early retirement under this section shall be separated in accordance with section 14514 of this title.

(Added Pub. L. 103–337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2957; amended Pub. L. 105–261, div. A, title V, §515, Oct. 17, 1998, 112 Stat. 2008; Pub. L. 108–136, div. A, title V, §511(b)(3), Nov. 24, 2003, 117 Stat. 1459; Pub. L. 109–163, div. A, title V, §515(b)(1)(VV), Jan. 6, 2006, 119 Stat. 3234.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to those in this section were contained in section 6389(f)(3) of this title, prior to repeal by Pub. L. 103–337, §1628(4).

#### Amendments

2006—Subsec. (a). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve".

2003—Subsec. (b)(1). Pub. L. 108–136 substituted "selection board" for "continuation board".

1998—Subsec. (b). Pub. L. 105–261 designated existing provisions as par. (1), inserted "of officers" after "consideration" and "continuation" after "shall convene a", and added par. (2).

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.
#### § 20.605 What happens when an applicant or recipient appeals a decision under this subpart?

If you are an applicant or recipient and appeal a decision made under § 20.604, you can continue to receive your assistance while your appeal is pending. For this to happen, you must submit your appeal by the deadline in § 20.604(e).
**Exhibit 32.2**

 

**CERTIFICATION**

 

In connection with the Quarterly Report of Graham Packaging Holdings Company on Form 10-Q for the quarterly period ended June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Mark S. Burgess, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to 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 Graham Packaging Holdings Company. |
|--------|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

Date:  August 3, 2007

 

 

| By:    | /s/ Mark S. Burgess     |
|--------|-------------------------|
|   | Mark S. Burgess         |
|   | Chief Financial Officer |

 

 

The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code) and is not being filed as part of the Report or as a separate disclosure document.

 

 

1
#### § 115.001 What is the purpose of this part?

This part sets forth guidelines for the Secretary of the Interior, including any tribe or tribal organization if that entity is administering specific programs, functions, services or activities, previously administered by the Secretary of the Interior, but now authorized under a Self-Determination Act contract (pursuant to 25 U.S.C. § 450f) or a Self-Governance compact (pursuant to 25 U.S.C. § 558cc), to carry out the trust duties owed to tribes and individual Indians to manage and administer trust assets for the exclusive benefit of tribal and individual Indian beneficiaries pursuant to federal law, including the American Indian Trust Fund Management Reform Act of 1994, Public Law 103-412, 108 Stat. 4239, 25 U.S.C. § 4001 (Trust Reform Act).
#### § 273.183 Can the Secretary investigate a potential Civil Rights Act violation?

In no instance may there be discrimination against Indians or schools enrolling Indians. When informed by a complainant or through its own discovery that a possible violation of title VI of the Civil Rights Act of 1964 exists within a State school district receiving funds, the Secretary will, in accordance with Federal requirements, notify the Department of Education of the possible violation. The Department Education will conduct an investigation into the matters alleged. If the report of the investigation conducted by the Department of Education discloses a failure or threatened failure to comply with this part, and if the non-compliance cannot be corrected by informal means, compliance with this part may be effected by the suspension or termination of or refusal to contract or to continue financial assistance under the Johnson-O'Malley Act or by any other means authorized by law.
[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Notices]
[Pages 9811-9812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3855]


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

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act Of 1993--OpenSAF Foundation

    Notice is hereby given that, on January 19, 2011, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), OpenSAF Foundation 
(``OpenSAF'') has filed written notifications simultaneously with the 
Attorney General and the Federal Trade Commission disclosing changes in 
its membership. The notifications were filed for the purpose of 
extending the Act's provisions limiting the recovery of antitrust 
plaintiffs to actual damages under specified circumstances. 
Specifically, MontaVista Software LLC, Santa Clara, CA, has been added 
as a party to this venture.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and OpenSAF intends to file additional 
written notifications disclosing all changes in membership.
    On April 8, 2008, OpenSAF filed its original notification I 
pursuant to Section 6(a) of the Act. The Department of Justice 
published a notice in the Federal Register pursuant to Section 6(b) of 
the Act on May 16, 2008 (73 FR 28508).
    The last notification was filed with the Department on March 11, 
2010. A notice was published in the Federal

[[Page 9812]]

Register pursuant to Section 6(b) of the Act April 16, 2010 (75 FR 
20002).

Patricia A. Brink,
Director of Civil Enforcement, Antitrust Division.
[FR Doc. 2011-3855 Filed 2-18-11; 8:45 am]
BILLING CODE 4410-11-M
§ 36.31 Standard XI—Student promotion requirements. Each school shall establish and implement a promotion policy which shall be submitted to and approved by the local school board and Agency Superintendent for Education or Area Education Programs Administrator, as appropriate. The requirements shall include, but not be limited to, the following: ( a ) Each grade level or equivalent shall have a minimum criteria for student promotion based primarily on measurable mastery of the instructional objectives.
( b ) Criterion-referenced tests that evaluate student skills shall be utilized for measuring the mastery of instructional objectives. The evaluation results shall form the basis for the promotion of each student.
( c ) A student who has not participated, either directly or through approved alternative instructional methods or programs, in a minimum of 160 instructional days per academic term or 80 instructional days per semester without a written excused absence shall not be promoted. A school board or a school committee may review a promotion decision and, if warranted due to compelling and/or extenuating circumstances, rescind in writing such action on a case-by-case basis. Alternative instructional methods shall be submitted in writing for approval by the Agency Superintendent for Education or Area Education Programs Administrator, as appropriate.
**MIDLAND CAPITAL HOLDINGS CORPORATION****EXHIBIT 31.1****CHIEF EXECUTIVE AND FINANCIAL OFFICER CERTIFICATION**I, Paul Zogas, certify that:1. I have reviewed this quarterly report on Form 10-QSB of Midland Capital Holdings Corporation;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 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 inthis quarterly report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this report;4. The registrant’s other certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and we have: a) designed such disclosure controls and procedures, or caused such disclosurecontrols to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which this quarterlyreport is being prepared; and  b) evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  c) disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarterthat has materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting.5. The registrant’s other certifying officers and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of registrant’s board of directors (or persons performing the equivalent function): a) all significant deficiencies in the design or operation of internal controls overfinancial reporting which could 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 employeeswho have a significant role in the registrant’s internal controls.        DATE:  November 14, 2006 BY:  /s/ Paul Zogas    Paul Zogas     President, Chief Executive Officerand Chief Financial Officer