I can confirm that this still exists in Hardy. Even though I don't think they 
are necessary I have included the Kernel's team requested files for reporting a 
Kernel bug. 
This bug relates to the way Ubuntu chooses to do updates.

The computer system should strive to follow the user's intent in the
system, if the system has hibernated successfully in the past then the
user intends for it to hibernate when pressing the hibernate button. The
user expects that the system will boot correctly after resuming from the
hibernation. Any behavior that deviates from that expectation violates
the user's expectation and reflects negatively on Ubuntu. The way I see
it there are a few possible fixes to this issue:

1- Do not allow the hibernation feature if the kernel has been upgraded and the 
system is currently running the old kernel. Advise the user to suspend or shut 
down instead.
2- During hibernation, temporarily force grub to boot into the kernel the 
system is currently running on next boot. This way the hibernation will work as 
expected.

Fix #1 will annoy users, but seems like it might be easier to implement
then fix #2. Of course, with fix #2, if the user always chooses to
hibernate and never shuts down or restarts the computer then the user
will always have an out of date kernel version. Thus, the current icon
saying a restart is required to update the computer would probably need
to be present to remind the user.

$ uname -a 
Linux ubuntu-desktop 2.6.24-18-386 #1 Wed May 28 19:30:01 UTC 2008 i686 
GNU/Linux
$ cat /proc/version_signature
Ubuntu 2.6.24-18.32-386


** Attachment added: "dmesg.log, lspci-vvnn.log, uname-a.log, version.log"
   
http://launchpadlibrarian.net/15087091/hibernation_after_kernel_upgrade.tar.gz

-- 
Hibernation uses old kernel after kernel upgrade causing resume failure
https://bugs.launchpad.net/bugs/76424
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