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## December 25, 2016

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            - Space Station Crew Celebrates the Holidays
#### THOMAS A. FRASER ET AL., PETITIONERS, v. STATE BOARD OF EDUCATION AND BOARD OF EDUCATION OF THE CITY OF JERSEY CITY IN THE COUNTY OF HUDSON, A CORPORATION, RESPONDENTS.

Argued October 4, 1944

Decided October 30, 1944.

Before Justices Case, Bodine and Pokter.

For the petitioners, *Eisenberg & Spicer (Jerome O. Eisenberg) .*

For the respondents, *Robert E. Doherty.*

The opinion of the court was delivered by

Case, J.

The question presented on this application, and upon which we find no adjudication in the cases, is whether *249a standing schedule of salary increases for teachers, retained on the books by successive boards of education, holds such virtue in favor of tenure teachers who come within its purview as that, the time for increase under the schedule having arrived, such teachers, in the absence of positive action by the board modifying or repealing the schedule, have the legal right to the indicated increase; to which may be added a secondary and incidental question, namely, whether, if such a right exists and is dependent upon a favorable recommendation for an increase as a necessary condition precedent, the recommendation may be arbitrarily withheld.

It was held in *Greenway*v. *Board of Education of Camden,*129 *N. J. L.*461, that “until the accrual, the modification or repeal of the rule so providing does not constitute a reduction of the current salary” and that “a rule providing for increments is a mere declaration of legislative policy that is at all times subject to abrogation by the board in the public interest.” But that decision does not, in our view, constitute a complete and precise answer to the questions above propounded, inasmuch as there appears to have been no direct modification, abrogation or repeal. The matter is of public importance. We think it proper, therefore, that an opportunity for court review should be given.

A writ of *certiorari*will be allowed.
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## December 2004

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#### STATE OF NEW JERSEY v. JOHN TIMMONS.

May 19, 1987.

Petition for certification denied.
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, L. George Klaus, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
Quarterly Report of Epicor Software Corporation on Form 10-Q for the period ended March 31, 2010 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that information
contained in such Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of Epicor Software Corporation.



|                  |  |  |  |     |  |                                                                              
|----------------- |  |  |  | --- |  | -----------------------------------------------------------------------------
|Date: May 7, 2010 |  |  |  | By: |  | /s/ L. George Klaus                                                          
|                  |  |  |  |     |  | L. George Klaus                                                              
|                  |  |  |  |     |  | Chairman, President and Chief Executive Officer
(Principal Executive Officer)

I, Michael Pietrini, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
the Quarterly Report of Epicor Software Corporation on Form 10-Q for the period ended March 31, 2010 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that information
contained in such Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of Epicor Software Corporation.



|                  |  |  |  |     |  |                                                                                                           
|----------------- |  |  |  | --- |  | ----------------------------------------------------------------------------------------------------------
|Date: May 7, 2010 |  |  |  | By: |  | /s/ Michael Pietrini                                                                                      
|                  |  |  |  |     |  | Michael Pietrini                                                                                          
|                  |  |  |  |     |  | Chief Financial Officer, Executive Vice President
Finance and Administration (Principal Financial
Officer)
[Federal Register Volume 75, Number 202 (Wednesday, October 20, 2010)]
[Notices]
[Page 64742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26423]


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

INTERNATIONAL TRADE COMMISSION

[USITC SE-10-029]


Government in the Sunshine Act Meeting Notice

AGENCY HOLDING THE MEETING: United States International Trade 
Commission.

TIME AND DATE: October 22, 2010 at 2 p.m.

PLACE: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone: 
(202) 205-2000.

STATUS: Open to the public.

MATTERS TO BE CONSIDERED:
    1. Agenda for future meetings: None.
    2. Minutes.
    3. Ratification List.
    4. Inv. Nos. 701-TA-470-471 and 731-TA-1169-1170 (Final) (Certain 
Coated Paper Suitable for High-Quality Graphics Using Sheet-Fed Presses 
From China and Indonesia)--briefing and vote. (The Commission is 
currently scheduled to transmit its determinations and Commissioners' 
opinions to the Secretary of Commerce on or before November 10, 2010.)
    5. Outstanding action jackets:
    (1) Document No. GC-10-161 concerning Inv. No. 337-TA-413 (Certain 
Rare-Earth Magnets and Magnetic Materials and Articles Containing 
Same).
    (2) Document No. GC-10-181 concerning Inv. No. 337-TA-703 (Certain 
Mobile Telephones and Wireless Communications Devices Featuring Digital 
Cameras, and Components Thereof).
    In accordance with Commission policy, subject matter listed above, 
not disposed of at the scheduled meeting, may be carried over to the 
agenda of the following meeting.

     Issued: October 15, 2010.

    By order of the Commission.

William R. Bishop,
Hearings and Meetings Coordinator.
[FR Doc. 2010-26423 Filed 10-18-10; 11:15 am]
BILLING CODE 7020-02-P
<PAGE>

                            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 this Quarterly Report of Sterling Bancshares, Inc. (the
"Company") on Form 10-Q for the period ending March 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, J.
Downey Bridgwater, President and Chief Executive 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.

DATED: MAY 9, 2005                    BY: /s/ J. DOWNEY BRIDGWATER
                                          --------------------------------------
                                          J. DOWNEY BRIDGWATER
                                          PRESIDENT AND CHIEF EXECUTIVE OFFICER
                                          STERLING BANCSHARES, INC.

                                       32
I 

115TH CONGRESS 

1ST SESSION H. R. 989 

To exempt certain Department of Defense civilian positions from any furlough 

as a result of a lapse in discretionary appropriations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 9, 2017 

Mr. COLE (for himself, Mr. BISHOP of Utah, Mrs. BUSTOS, Mr. KILMER, and 

Mr. JONES) introduced the following bill; which was referred to the Committee on Armed Services 

A BILL 

To exempt certain Department of Defense civilian positions 

from any furlough as a result of a lapse in discretionary 

appropriations, and for other purposes. 

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

3 SECTION 1. EXEMPTION OF CERTAIN DEPARTMENT OF DE4 FENSE CIVILIAN POSITIONS FROM ANY FUR5 LOUGH. 

6 Any Department of Defense civilian position with re7 spect to which the salary is paid out of a working-capital 

8 fund shall be exempt from any furlough order issued as 


emcdonald on DSK9F6TC42PROD with BILLS
2 

•HR 989 IH

1 a result of a lapse in discretionary appropriations for the 

2 Department of Defense. 

Æ 


emcdonald on DSK9F6TC42PROD with BILLS
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## October 1958

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**Exhibit 3.4**

 

**CERTIFICATE OF AMENDMENT**

**OF**

**SECOND RESTATED CERTIFICATE OF INCORPORATION**

**OF**

**EPICOR SOFTWARE CORPORATION**

**a Delaware corporation**

 

(Pursuant to Section 242 of the Delaware General Corporation Law) 

 

EPICOR SOFTWARE CORPORATION, a corporation organized and existing under and by virtue of the Delaware General Corporation Law (the“Corporation”), does hereby certify: 

 

FIRST: That ata duly held meeting of the Board of Directors of the Corporation, the Board of Directors of the Corporation duly adopted resolutions setting forth a proposed amendment to the Second Restated Certificate of Incorporation of the Corporation, declaringsaid amendment to be advisable and directing that said amendment be submitted to the stockholders of the Corporation for consideration thereof. The resolution setting forth the proposed amendment is as follows: 

 

RESOLVED, that the text of the first paragraph of Article 4of the Corporation’s Second Restated Certificate of Incorporation be amended to read as follows: 

 

“The Corporation is authorized to issue two classes of shares designated, respectively, “Common Stock” and “Preferred Stock.” Thenumber of shares of Common Stock is 180,000,000, $0.001 par value per share, and the number of shares of Preferred Stock is 5,000,000 shares, $0.001 par value per share.” 

 

SECOND: That thereafter, pursuant to resolution of its Board of Directors, a meeting of the stockholders of the Corporationwas duly called and held, upon notice in accordance with Section 222 of the General Corporation Law of the State of Delaware at which meeting the necessary number of shares as required by statute were voted in favor of the amendment. 

 

THIRD: That said amendment was duly adopted in accordance with the provisionsof Section 242 of the Delaware General Corporation Law. 

IN WITNESS WHEREOF, this Corporation has caused this Certificate of Amendment to be signed by L. GeorgeKlaus, its duly authorized President and Chief Executive Officer this 13th day of May 2004. 

 

 

EPICOR SOFTWARE CORPORATION,

a Delawarecorporation
BY: /s/    L. GEORGEKLAUS              
**L. George Klaus**

**President and Chief Executive Officer**
* Pursuant to 5th Cir. 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 5th Cir.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-40577

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

BRIAN KEITH AKERS

Defendant-Appellant

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 4:07-CR-54-1

Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges.

PER CURIAM:*

Brian Keith Akers appeals from his conviction and sentence for being a

felon in possession of a firearm. He first argues that the district court erred in

denying his motions for acquittal because the evidence presented at trial failed

to prove beyond a reasonable doubt that he possessed the firearm. Viewing the

evidence in the light most favorable to the jury’s verdict, a rational trier of fact

could have found that the Government proved beyond a reasonable doubt that

United States Court of Appeals

Fifth Circuit

F I L E D

February 2, 2009

Charles R. Fulbruge III

Clerk
No. 08-40577

2

Akers had possession of the firearm. United States v. Lankford, 196 F.3d 563,

575 (5th Cir. 1999).

Akers also contends that the district court erred by including two Indiana

sentences for being a habitual traffic violator in his criminal history score

because his status as a habitual traffic violator could have been based upon

minor traffic infractions, which are never counted towards the criminal history

score under U.S.S.G. § 4A1.2(c)(2). We review the district court’s application of

the Sentencing Guidelines de novo. United States v. Lamm, 392 F.3d 130, 131

(5th Cir. 2004). The challenged Indiana sentences were for felony offenses and

were therefore properly counted pursuant to § 4A1.2(c).

Akers also argues that the district court was required to prove the facts

underlying his sentence utilizing the beyond-a-reasonable-doubt standard. This

court has specifically rejected identical arguments from other defendants. See

United States v. Valles, 484 F.3d 745, 759–60 (5th Cir.), cert. denied, 127 S. Ct.

3025 (2007); United States v. Thompson, 454 F.3d 459, 467–68 (5th Cir. 2006).

The district court’s judgment is AFFIRMED.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-1935-DR; Docket ID FEMA-2010-0002]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of Illinois (FEMA-1935-DR), dated August 19, 2010, and related determinations.

# DATES:

*Effective Date:*                         September 30, 2010.                    

# FOR FURTHER INFORMATION CONTACT:

Peggy Miller, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3886.

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the State of Illinois is hereby amended to include the following area among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of August 19, 2010.

Moultrie County for Public Assistance. The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,

Administrator, Federal Emergency Management Agency.

[FR Doc. 2010-26053 Filed 10-14-10; 8:45 am]

BILLING CODE 9111-23-P
#### STATE OF NEW JERSEY v. HOZINE MCCRAY.

January 28, 1987.

Petition for certification denied.
Exhibit 32.1


CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350.


AS ADOPTED PURSUANT TO SECTION 906


OF THE SARBANES-OXLEY ACT OF 2002


Under 18 U.S.C. section 1350, adopted by section 906 of the Sarbanes-Oxley Act of 2002, in connection with the attached annual report on Form 10-K for the year ended December 30, 2018, the undersigned each certify that (i) the annual report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and (ii) the information contained in the annual report fairly presents, in all material respects, the financial condition and results of operations of the issuer.





Date: October 7, 2019By:/s/ Byrd Douglas Cain, IIIName: Byrd Douglas Cain, IIITitle:  President and Chief Executive OfficerDate: October 7, 2019By:/s/ Thomas TekieleName: Thomas TekieleTitle:  Chief Financial Officer (Principal Financial and Accounting Officer)


The foregoing certification is being furnished as an exhibit to the Form 10-K pursuant to Item 601(b)(32) of Regulation S-K and Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) and, accordingly, is not being filed as part of the Form 10-K for purposes of Section 18 of the Securities and Exchange Act of 1934, as amended, and is not incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
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## December 21, 2018

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            - This Week in NASA History: Apollo 8 Captures “Earthrise” – Dec. 24, 1968
            - Holiday Asteroid Flyby
            - Holiday Asteroid Imaged with NASA Radar
            - Rocket Ranch – Episode 7: Turning Space Trash into Gas
            - Part 5: Apollo 8 and Beyond – The Next Epoch
            - Stennis Space Center Records Notable ‘First’ During Busy 2018
            - In Case You Missed It: A Weekly Summary of Top Content from NASA’s Marshall Space Flight Center
            - 50 Years Ago: Apollo 8, You are Go for TLI!
            - Part 4: Apollo 8 – The Return
            - Celebrating the 50th Anniversary of Apollo 8’s Launch Into History