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§ 550.1206 Refunding a lump-sum payment. ( a ) When an employee who received a lump-sum payment for accumulated and accrued annual leave under 5 U.S.C. 5551 is reemployed in the Federal service prior to the end of the period covered by the lump-sum payment, the employee must refund to the employing agency an amount equal to the pay included in the lump-sum payment under § 550.1205(b) that covers the period between the date of reemployment and the expiration of the lump-sum leave period, except as provided in paragraphs (b) and (c) of this section. The agency must compute the refund based on the pay used to compute the lump-sum payment under § 550.1205(b). However, annual leave restored under 5 U.S.C. 6304(d) that was included in a lump-sum payment is not subject to refund if an agency reemploys the employee prior to the expiration of the lump-sum leave period. The agency must subtract such restored annual leave from the lump-sum leave period before calculating the refund. An agency may permit an employee to refund the lump-sum payment for annual leave in installments, but may not waive collection. If an agency permits the lump-sum refund to be paid in installments, the employee must refund the lump-sum payment in full within 1 year after the date of reemployment.
( b ) An employee who is reemployed in a position listed in 5 U.S.C. 6301(2)(ii), (iii), (vi), or (vii) is not required to refund a lump-sum payment under paragraph (a) of this section.
( c ) An employee who is reemployed in a position that has no leave system to which annual leave can be recredited is not required to refund a lump-sum payment under paragraph (a) of this section, except that individuals reemployed as Presidential appointees must refund a lump-sum payment and the annual leave will be held in abeyance, as provided in § 550.1207(e).
( d ) An individual first hired by the District of Columbia government on or after October 1, 1987, who received a lump-sum payment upon separation from the District of Columbia government and who is employed by the Federal Government prior to the expiration of the lump-sum leave period must refund the lump-sum payment, and the agency must recredit the annual leave under § 550.1207.
( e ) An employee who retired from the Federal Government and received a lump-sum payment under § 550.1203 of this chapter, and who is reemployed under a temporary appointment of less than 90 days prior to the expiration of the lump-sum leave period, is required to refund the lump-sum payment, and the agency must recredit the annual leave under § 550.1207. The employee may use the recredited annual leave during the temporary appointment.
District Clerk’s LetterOnReceipt NOAatt.wpd **CHRIS DANIEL**

**HARRIS COUNTY DISTRICT CLERK**

**CIVIL/FAMILY POST TRIAL**

**DATE: March 22, 2018** 

**FIRST COURT OF APPEALS INFORMATION SHEET BY TRIAL COURT CLERK** 

**Note to trial court clerk: You are expected to file the clerk’s reco rd by the original due date. If** 

**you cannot, you should advise the Clerk of the First Court of Appeals immediately in writing,**

**stating the reason and the date by which the record will be filed. Generally speaking, for good**

**cause shown, the Court will gran t no more than two extensions from the original due date,** 

**each extension not to exceed 30 days.**

**Appellate Case Number 01** 

**- 18** 

**- 00192** 

**- CV** 

**Trial Court Case Number: 2017** 

**- 00441** 

**Trial Court Number 311TH** 

**______________ ________________________________________________________________** 

**Information from Trial Court Clerk**

The clerk’s record will be completed and filed with the appellate court clerk by the

original due date, subject to payment arrangements being made.

**XXX** The clerk’s record will not be filed by the original due date. (Please state reas ons below)

Reason(s): **The Appellant filed the i**  **r notice of appeal well after the due date of the** 

**original clerks record. It appears that c asefile**  **is volum in**  **ous in size and**

**in order fully prepare the clerks record more time is needed .**

.

I believe I can file the clerk’s record by **4/ 1**  **3/18** , and I request an extension.

Appellant has not made payment arrangements.

Appellant has been notified that the clerk’s record is ready.

Appellant has made payment arrangements.

**Clerk’s Signature: /S**  **/ DUANE C. GILMORE**

DUANE C . GILMORE

, Civil/Family Post Trial Clerk

Harris County District Clerk
### §22507. Tax-exempt status

The personal property and funds of the corporation, whether principal or income, so long as held or used only to carry out the purposes of the corporation, are exempt from taxation by the United States Government, the District of Columbia, and the territories and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 22507 | 36:96 (1st sentence). | Feb. 24, 1925, ch. 303, §6 (less proviso), 43 Stat. 967. |

Section

The words "so long as held or used only to carry out the purposes of the corporation" are substituted for "held or used for the purposes hereof, pursuant to the provisions of this chapter . . . so long as the same shall be so used" to eliminate unnecessary words. The words "the United States Government, the District of Columbia, and the territories and possessions of the United States" are substituted for "the United States or any Territory or District thereof" for clarity.
#### MYERS et al., Respondents, v. JORGENSON, Appelant.

(168 N. W. 1054).

(File No. 4349.

Opinion filed September 3, 1918).

Appeals — No Brief — Abandonment of Appeal — Affirmance.

Nearly seven months having elapsed since appeal taken, and appellant, after having stipulated for filing brief not later than June 15, 1918, having failed to file brief, and being in default, the appeal is deemed abandoned, and order appealed from affirmed.

Smith, J., taking no part.

Appeal from Circuit Court, MdCook County. Honorable, Judge.

Action by B. F. Myers and others, ag'ainst Sam: Jorgenson. From an order in favor of plaintiffs, defendant appeals.

Affirmed.

*Charles P. Bates,*and *Davis & Sheild,*for Appellant.

*B. H.*Wilson, for Respondents.

PER QURIAM.

The appeal herein was- taken on the 25th day of February, 1918. The parties thereafter entered into a stipulation under which appellant was given to not later than the 15th day of June, 1918* in which to serve and file his brief upon such appeal. Appellant has failed to'file his brief within such period., and no stipulation or order extending the time has been filed or entered herein. Appellant being in default, this court will deem said appeal abandoned.

The order appealed1 from is affirmed.

SMITH, J., takes no part herein.
#### The People of the State of New York, Respondent, v. Joel Rosenberg, Appellant.

*1009Present — Hagarty, Cars-well, Johnston, Taylor and Lewis, JJ.
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED August 20, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-50939 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ROBERT E. COOK, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. DR-01-CR-257-1-OG

-------------------- Before JONES, WIENER, and BENAVIDES, Circuit Judges.

PER CURIAM: * Court-appointed counsel for Robert E. Cook has moved for leave to withdraw from this appeal and has filed a brief as required by Anders v. California , 386 U.S. 738 (1967). Cook was mailed a copy of counsel’s motion and brief but has not filed a response. Our independent review of the brief and the record discloses no nonfrivolous issue. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED.

See 5 TH C IR . R. 42.2.
|  | (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 for the three months      ended March 31, 2010 . |
|--|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                | NF Energy      Saving Corporation |                               |
|-------------------------------------|-----------------------------------|------------------------------------|
|                                |                              |                               |   |
| Date:      May 17, 2010   | By:                               | /S/      Gang Li                   |   |
|                                |                              | Gang      Li                       |   |
|                                |                              | (Principal Executive      Officer) |   |

----
#### Frances Burns, Appellant, v. Henry T. Burns, Respondent.

No opinion. Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.
### §40505. Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, and agents as the activities of the corporation require;

(4) charge and collect membership dues;

(5) make contracts;

(6) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(7) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(8) sue and be sued; and

(9) do any other act necessary and proper to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1333.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 40505 | 36:794. | Aug. 14, 1958, Pub. L. 85–642, §§4, 16, 72 Stat. 598, 601. |
| | 36:806. | |

Section

In this section, the text of 36:806 is omitted as executed and obsolete.

In clause (1), the words "apply, and alter" and "not inconsistent with the laws of the United States of America or any State in which the corporation is to operate" are omitted as [un]necessary.

In clause (2), the word "use" is omitted as unnecessary.

In clause (5), the words "make contracts" are substituted for "contract and be contracted with" to eliminate unnecessary words.

Clause (6) is substituted for "take and hold by lease, gift, purchase, grant, devise, bequest or otherwise any property real, personal, or mixed, necessary or convenient for attaining the objects of the corporation" and "transfer, lease, or convey real or personal property" for consistency in the revised title and to eliminate unnecessary words. The words "subject, however, to applicable provisions of law of any State, (a) governing the amount or kind of real and personal property which may be held by, or, (b) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State" are omitted as unnecessary.

In clause (7), the words "issue instruments of indebtedness, and secure its obligations by granting security interests in its property" are substituted for "issue bonds or other evidences of indebtedness therefor and secure the same by mortgage or pledge" for consistency in the revised title. The words "for the purposes of the corporation" and "subject to applicable Federal or State laws" are omitted as unnecessary.

In clause (8), the words "complain and defend in any court of competent jurisdiction" are omitted as unnecessary.
#### Donald Van Scoy, Respondent, v. Norma J. Getman, as Administratrix of the Estate of Sherman J. Getman, Deceased, Appellant.

All concur. (Appeal from a judgment for plaintiff in a civil action for assault.) Present — Taylor, P. J., MeCurn, Vaughan, Kimball and Piper, JJ.
I 

108TH CONGRESS 

1ST SESSION H. R. 2149

To authorize the Secretary of Transportation to require the use of recycled 

materials in the construction of Federal-aid highway projects. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2003

Mr. ANDREWS introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL

To authorize the Secretary of Transportation to require the 

use of recycled materials in the construction of Federalaid highway projects.

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

3 SECTION 1. AUTHORITY TO REQUIRE USE OF RECYCLED 

4 MATERIALS.

5 The Secretary of Transportation may issue regula6 tions requiring the use of recycled materials in the con7 struction of any Federal-aid highway.

Æ
#### The People of the State of New York ex rel. Manufacturers Trust Company, Appellant, against William S. Miller et al., Constituting the Tax Commission of the City of New York, Respondents. (Taxes of Second Half 1940 and First Half 1941.) The People of the State of New York ex rel. Manufacturers Trust Company, Appellant, against Joseph Lilly et al., Constituting the Tax Commission of the City of New York, Respondents. (Taxes of Second Half 1941 and First Half 1942.)

*Per Curiam.*

On this appeal from an order of Special Term fixing the values of relator’s property for the tax years 1940^41 and 1941-42, relator does not contest the building values as found t>y the court at Special Term but claims the Special Term erred in fixing the land value.

*989After considering all the relevant facts, we think the land value should be further reduced for each of the years in question, and find the values to be as follows: 1940-41, land $1,525,000, building, as found by Special Term, $1,150,000, total $2,675,000; 1941-42, land $1,425,000, building, as found by Special Term, $1,120,000, total $2,545,000.

The order so far as appealed from should be modified accordingly and as so modified affirmed, with twenty dollars costs and disbursements to the appellant.

Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.

Order so far as appealed from unanimously modified to the extent stated in the opinion, and as so modified affirmed, with twenty dollars costs and disbursements to the appellant. Settle order on notice.
#### In the Matter of the Arbitration between Knickerbocker Textile Corporation, Respondent, and Henry Donath, Doing Business as Preview Sportswear, Appellant.

Order unanimously affirmed, with $20 costs and disbursements to the petitioner-respondent. No opinion. Present — Peck, P. J., Glennon, Dore, Cohn and Bergan, JJ. [See *post,*p. 836.]
EXHIBIT 32.1

Certification of ChiefExecutive Officer Pursuant to 18 U.S.C Section 1350, As Adopted Pursuant toSection 906 of the Sarbanes-Oxley Act of 2003

          Inconnection with the Quarterly Report of Oregon Pacific Bancorp (“Bancorp”) onForm 10-Q for the quarter ended June 30, 2004, as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Thomas K. Grove,President and Chief Executive Officer of Bancorp, certify, pursuant to Title18, United States Code, Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2003, that, to the best of my knowledge: (1) The Reportfully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and (2) The information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of Bancorp. 

Date: August 13, 2004

/s/ THOMAS K. GROVE

Thomas K. Grove,President and Chief Executive Officer

          *A signed original of this written statement required by Section 906 has beenprovided to Bancorp and will be retained by Bancorp and furnished to theSecurities and Exchange Commission or its staff upon request. 

          **This certification is being furnished as required by Rule 13a-14(b) under theSecurities Exchange Act of 1934 (the “Exchange Act”) and Section 1350 ofChapter 63 of Title 18 of the United States Code, and shall not be deemed“filed” for purposes of Section 18 of the Exchange Act or otherwise subject tothe liability of that Section. This certification shall not be deemed to beincorporated by reference into any filing under the Securities Act of 1933 orthe Exchange Act, except as otherwise stated in such filing. 

34

----
§ 890.1030 Effect of a suspension. ( a ) *Temporary action pending formal proceedings.* Suspension is a temporary action pending completion of an investigation or ensuing criminal, civil, or administrative proceedings.
( b ) *Immediate effect.* Suspension is effective immediately upon the suspending official's decision, without prior notice to the provider.
( c ) *Effect equivalent to debarment.* The effect of a suspension is the same as the effect of a debarment. A suspended provider may not receive payment from FEHBP funds for items or services furnished to FEHBP-covered persons while suspended.
# L_2019036EN.01005601.xml

| 7.2.2019 | EN | Official Journal of the European Union | L 36/56 |
| --- | --- | --- | --- |

7.2.2019

EN

Official Journal of the European Union

L 36/56

---

DECISION OF THE EEA JOINT COMMITTEE

No 96/2017

of 5 May 2017

amending Annex XIII (Transport) to the EEA Agreement [2019/208]

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:

| (1) | Commission Regulation (EU) 2016/919 of 27 May 2016 on the technical specification for interoperability relating to the ‘control-command and signalling’ subsystems of the rail system in the European Union (1), as corrected by OJ L 279, 15.10.2016, p. 94, is to be incorporated into the EEA Agreement. |
| --- | --- |

(1)

Commission Regulation (EU) 2016/919 of 27 May 2016 on the technical specification for interoperability relating to the ‘control-command and signalling’ subsystems of the rail system in the European Union (1), as corrected by OJ L 279, 15.10.2016, p. 94, is to be incorporated into the EEA Agreement.

| (2) | Regulation (EU) 2016/919 repeals Commission Decision 2012/88/EU (2), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement. |
| --- | --- |

(2)

Regulation (EU) 2016/919 repeals Commission Decision 2012/88/EU (2), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.

| (3) | Annex XIII to the EEA Agreement should therefore be amended accordingly, |
| --- | --- |

(3)

Annex XIII to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The text of point 37i (Commission Decision 2012/88/EU) of Annex XIII to the EEA Agreement is replaced by the following:

‘
  32016 R 0919: Commission Regulation (EU) 2016/919 of 27 May 2016 on the technical specification for interoperability relating to the ‘control-command and signalling’ subsystems of the rail system in the European Union (OJ L 158, 15.6.2016, p. 1), as corrected by OJ L 279, 15.10.2016, p. 94.’

Article 2

The text of Regulation (EU) 2016/919, as corrected by OJ L 279, 15.10.2016, p. 94, in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 6 May 2017, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 5 May 2017.

For the EEA Joint Committee

The President

Claude MAERTEN

---

(1)  
  OJ L 158, 15.6.2016, p. 1.

1

(2)  
  OJ L 51, 23.2.2012, p. 1.

2

(*1)  No constitutional requirements indicated.

*1

---
§ 831.406 Withdrawal of voluntary contributions. ( a ) Before receiving additional annuity payments based on the voluntary contributions, a person who has made voluntary contributions may withdraw the balance while still an employee or Member, or after separation.
( b ) A person entitled to payment of lump-sum benefits under the CSRS order for precedence set forth in section 8342(c) of title 5, United States Code, is entitled to payment of the balance, if any, on the death of— ( 1 ) An employee or Member;
( 2 ) A separated employee or Member who has not retired;
( 3 ) A retiree, unless a survivor benefit is payable based on an election under § 831.407; or
( 4 ) A person receiving a survivor annuity based on voluntary contributions.