alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2005042EN.01002802.xml

| 18.2.2005 | EN | Official Journal of the European Union | C 42/28 |
| --- | --- | --- | --- |

18.2.2005

EN

Official Journal of the European Union

C 42/28

---

Non-opposition to a notified concentration

(Case COMP/M.3519 — Electra/ThyssenKrupp Fahrzeuggus)

(2005/C 42/06)

(Text with EEA relevance)

On 28 January 2005, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/ ). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes. |
| --- | --- |

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/ ). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes.

| — | in electronic form on the EUR-Lex website under document number 32005M3519. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32005M3519. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

---
----

            COMMISSION REGULATION (EC) No 1040/2006

of 7 July 2006         

amending Regulations (EC) No 2204/2002, (EC) No 70/2001 and (EC) No 68/2001 as regards period of application

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 994/98 of 7 May 1998 on the application of Articles 92 and 93 of the Treaty establishing the European Community to certain categories of horizontal State aid (1), and in particular points (a)(i), (ii), (iv) and b) of Article 1(1) thereof,

Having published a draft of this Regulation,

After consulting the Advisory Committee on State Aid,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The second sentence of Article 8(1) of Regulation (EC) No 68/2001 is replaced by:

‘It shall apply until 31 December 2007.’

Article 2

The second sentence of Article 10(1) of Regulation (EC) No 70/2001 is replaced by:

‘It shall apply until 31 December 2007.’

Article 3

The second sentence of Article 11(1) of Regulation (EC) No 2204/2002 is replaced by:

‘It shall apply until 31 December 2007.’

Article 4

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 7 July 2006.

For the Commission

Neelie KROES            

Member of the Commission

----

(1)OJ L 142, 14.5.1998, p. 1.

(2)OJ L 337, 13.12.2002, p. 3.

(3)OJ L 10, 13.1.2001, p. 33. Regulation as amended by Regulation (EC) No 364/2004 (OJ L 63, 28.2.2004, p. 22).

(4)OJ L 10, 13.1.2001, p. 20. Regulation as amended by Regulation (EC) No 364/2004 (OJ L 63, 28.2.2004, p. 20).

(5)  COM(2005) 107 final.

(6)  COM(2005) 436 final.

----
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH

	NO. 2-06-046-CR

					NO. 2-06-060-CR

JOHN KENNEDY LOGSDON	APPELLANT

	V.

THE STATE OF TEXAS 	STATE

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

	FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY

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

	MEMORANDUM OPINION1

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

	On March 11, 1999, in each case, Appellant John Kennedy Logsdon entered an open plea of guilty before the jury to the offense of aggravated sexual assault of a child under fourteen years of age.  The jury assessed his punishment at sixty years’ confinement in the Institutional Division of the Texas Department of Criminal Justice in each case.  In March 2005, Appellant filed a motion for DNA testing in each case.  The trial court denied the motions in January 2006, and Appellant appeals from those denials.  Because we hold that the trial court properly denied the motions, we affirm the trial court’s orders.

	In one point, Appellant contends that the trial court improperly considered his guilty plea in denying his requests for DNA testing.  Article 64.03 of the Texas Code of Criminal Procedure provides, among other things, that “[a] convicted person who pleaded guilty or nolo contendere in the case may submit a motion under this chapter, and the convicting court is prohibited from finding that identity was not an issue in the case solely on the basis of that plea.”2  As the State points out, in the case involving R.D., Appellant did not just plead guilty; he gave a written statement substantiating his guilt, which the State attached to its response to Appellant’s motion for DNA testing.  That is, Appellant confessed that he rubbed his penis on R.D.’s sexual organ.  Appellant did not challenge the validity of his confession on direct appeal.3  We hold that the trial court properly took Appellant’s confession into consideration as evidence of the identity of the perpetrator.4  We therefore also hold that the trial court did not improperly consider Appellant’s guilty plea in denying his motion for DNA testing in the case involving R.D.

	Further, regarding both cases, the trial court found that the Fort Worth Police Department Property Room never possessed any evidence related to Appellant’s cases and that none of the evidence held by the Tarrant County District Clerk’s Office contains biological material for purposes of DNA testing.  The trial court therefore concluded that no evidence exists in a condition making DNA testing possible.  A trial court may order postconviction forensic DNA testing only if it first finds that evidence still exists in a condition making DNA testing possible.5  Because the trial court found that evidence does not exist to be tested, the trial court properly denied the motions.6  We overrule Appellant’s sole point and affirm the trial court’s orders.

								PER CURIAM

PANEL F:	DAUPHINOT, HOLMAN, and MCCOY, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED:  June 8, 2006
FIRST AMENDMENT TO
                               OCEAN ENERGY, INC.
                     EXECUTIVE SUPPLEMENTAL RETIREMENT PLAN
                              MEMBERSHIP AGREEMENT



         WHEREAS,  OCEAN ENERGY,  INC., a Texas  corporation,  formerly known as
Seagull  Energy   Corporation  (the  "Company"),   and  JAMES  T.  HACKETT  (the
"Employee")  have  heretofore  executed an instrument  entitled  "SEAGULL ENERGY
CORPORATION  EXECUTIVE  SUPPLEMENTAL  RETIREMENT PLAN MEMBERSHIP AGREEMENT" (the
"Agreement"),  evidencing the terms and conditions of the Employee's  membership
in the OCEAN ENERGY, INC. EXECUTIVE SUPPLEMENTAL RETIREMENT PLAN, formerly known
as the Seagull Energy Corporation Executive  Supplemental  Retirement Plan ( the
"Plan"); and

         WHEREAS, the Company and the Employee desire to amend the Agreement;

         NOW,  THEREFORE,  the parties hereto agree as follows,  effective as of
June 26, 2000:

     1.   Paragraph 3 of the Agreement  shall be deleted and the following shall
          be substituted therefor:

                  "3. For  purposes of Section  1.01(8) of the Plan,  Employee's
         Compensation shall include (a) `deemed salary' equal to the base salary
         that  Employee  would have received if he had not received an option to
         purchase common stock of the Company in lieu of such salary pursuant to
         paragraph 3.1 of the Employment  Agreement and (b) all amounts received
         by Employee as bonuses from the Company."

     2.   As  amended  hereby,  the  Agreement  is  specifically   ratified  and
          reaffirmed.

         EXECUTED this ____________ day of _____________________________, 2000.

                                                OCEAN ENERGY, INC.


                                     By:_________________________________
                                     Name:_______________________________
                                     Title:______________________________

                                                  EMPLOYEE


                                       ------------------------------------
                                       James T. Hackett

Houston:321750 v 1
<TABLE> <S> <C>

<ARTICLE>                                     5
<MULTIPLIER>                                  1000


<S>                                           <C>
<PERIOD-TYPE>                                 12-MOS
<FISCAL-YEAR-END>                             DEC-31-2000
<PERIOD-START>                                JAN-01-2000
<PERIOD-END>                                  DEC-31-2000
<CASH>                                        2,026
<SECURITIES>                                  0
<RECEIVABLES>                                 7,479
<ALLOWANCES>                                  0
<INVENTORY>                                   0
<CURRENT-ASSETS>                              9,629
<PP&E>                                        6,434
<DEPRECIATION>                                5,213
<TOTAL-ASSETS>                                16,749
<CURRENT-LIABILITIES>                         4,725
<BONDS>                                       119
<PREFERRED-MANDATORY>                         0
<PREFERRED>                                   0
<COMMON>                                      60
<OTHER-SE>                                    11,214
<TOTAL-LIABILITY-AND-EQUITY>                  16,749
<SALES>                                       0
<TOTAL-REVENUES>                              38,201
<CGS>                                         0
<TOTAL-COSTS>                                 28,779
<OTHER-EXPENSES>                              10,514
<LOSS-PROVISION>                              0
<INTEREST-EXPENSE>                            159
<INCOME-PRETAX>                               (1,113)
<INCOME-TAX>                                  (398)
<INCOME-CONTINUING>                           (715)
<DISCONTINUED>                                0
<EXTRAORDINARY>                               0
<CHANGES>                                     0
<NET-INCOME>                                  (715)
<EPS-BASIC>                                   (0.12)
<EPS-DILUTED>                                 (0.12)




</TABLE>
Exhibit 13.1


                           Section 906 Certification


     The certification set forth below is being submitted to the Securities and
Exchange Commission in connection with the Annual Report on Form 20-F for the
year ended December 31, 2003 (the "Report") solely for the purpose of complying
with Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934
(the "Exchange Act") and Section 1350 of Chapter 63 of Title 18 of the United
States Code.

     Ramon Monell, the Chief Executive Officer and Salvador Milan, the Chief
Financial Officer of Banco Bilbao Vizcaya Argentaria, Chile S.A., each
certifies that, to the best of his knowledge:

     1.   the Report fully complies with the requirements of Section 13(a) or
          15(d) of the 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 Banco Bilbao Vizcaya Argentaria, Chile S.A.


Date: June 29, 2004

                                                 /s/ Ramon Monell
                                                 -------------------------------
                                                 Name: Ramon Monell
                                                 Chief Executive Officer



                                                 /s/ Salvador Milan
                                                 -------------------------------
                                                 Name: Salvador Milan
                                                 Chief Financial Officer
# C_2005143EN.01003101.xml

| 11.6.2005 | EN | Official Journal of the European Union | C 143/31 |
| --- | --- | --- | --- |

11.6.2005

EN

Official Journal of the European Union

C 143/31

---

Removal from the register of Case C-460/04 (1)

1

(2005/C 143/58)

(Language of the case: Dutch)

(Language of the case: Dutch)

By order of 23 February 2005, the President of the Court of Justice of the European Communities has ordered the removal from the register of Case C-460/04 Commission of the European Communities v Kingdom of the Netherlands.

---

(1)  OJ C 314 of 18.12.2004.

1

---
—SECRET. ew weed Ttractwents . ;
_ OFFICE OF THE S . 3TARY OF DEFENSE

February 27, 1959
MEMO FOR Mr. Albert P, Toner -

~The White House

The attached items

are submitted '
by the Department of Defense for posaibl
inclusion in the daily summary f, °
President, 7 ior the

These it
Dr. Killian, ems have also been sent to

Spect4l Assistant

Attachment
2 thaw b :
THE WHITE Hous.
WASHINGTON
February 28, 1959
SecDef Cont. nod 7377 General Goodpaster:

We shall attempt to summarize
_this in an early issue. Meanwhile
you may find the Defense original
: of interest. I attach a press item
for comparison.

7 ws
T. W. Stanley
Attachments: . ’
Orig. Def. Summary 2/27/59
Item\ #2 (S)

Press item fm Wash. Post & Times

2 (SecDef Cont. No. S-317)
ow Herald - Feb. 24, 1959
3? Lag Cf pep Math e

PND. oe ONO eH


THe WHiTeE Hous
WASHINGTON

February 28, 9

General Goodpaster: 5
NG

Re: DISCOVERER LAUN:

The attached item from Defense
correctéd item 4 in Staff Notes No. 505
and confirms our phoned message for
the record. We will follow the launch-
ing today and report as appropriate.

TUS
T. W. Stanley

Attachment:
Item #3 of DOD Summary dtd 2/27/59.

" Apexey
Gea


_SEGRET >

ctanvdtingilas Oy sy Se5|

* 3, DISCOVERER I Launch Attempt, (Secret) Aa

More definitive information on the difficulty encountered on
, the 25 February 1959 DISCOVERER launch attempt has been received.
gq" Earlier determinations that the two stage vehicle would have to be re-

Ye turned to a horizontal position for repair proved to be premature,

S14)

x

“e)_ = Repairs are being made with the vehicle remaining in the vertical Y
Ee position, The malfunction which caused termination of the launch A
, ¢ -attempt was a leak in the Thor booster LOX tank which prevented 4
SN full pressurization, %

The new launch attempt countdown will be picked up at 0800 PST

at T-285, Saturday, 28 February 1959, Launch is theref
foy 1248 PS i ‘ ore scheduled

y err. "4

4, Important Missile Launchings. (Secret)

Atlantic Missile Range

Y
THOR ABLE IL Test No, 14 27 February, 2300 EST
(rescheduled from 25 Feb.)
we
Ouse {ey THOR Test No. 13 5 March, 2000 EST

Pacific Missile Range

DISCOVERER 28 February, 1545 EST
(rescheduled from 25 Feb.) y

3\v[sct- 2-24 — AMA:

- —SECRET DoD 2-27-59
be
# U ni te d S ta te s Co ur t of A pp ea ls For the Eig hth Circu it

__ __ __ __ __ __ __ __ __ __ __ __ __ _
No. 1 6- 25 71

__ __ __ __ __ __ __ __ __ __ __ __ __ _ Uni te d S ta te s o f Am eri ca

ll ll ll ll ll ll ll ll ll ll l Pla in ti

ff - App el le e

v.

Ja m es Delv ic o B or de n, al so kn own as J am es Delv oi co Bo rd en , als o k no wn as Earl Jo hn so n

ll ll ll ll ll ll ll ll ll ll l Defe nd

an t - Ap pe ll an t

__ __ __ __ __ __ App eal fro m

Uni te d S ta te s Di st ric t Co ur t fo r th e Weste rn Dis tri ct of M is so ur i - J effe rs on Cit y

__ __ __ __ __ __
Su bm it te d: May 4, 2 01 7 Fi le d: May 25, 2 01 7 [Un pu bl is he d]

__ __ __ __ __ __ Befo re COLLOTON, BOW MAN, an d KELLY, Circ ui t J ud ge s.

__ __ __ __ __ __

PER CURI AM.Ja m es Delv ic o Bo rd en di rect ly ap pe al s th e se nt en ce th e di st ric t co ur t 1 im po se d aft er he pl ead ed gu il ty to dr ug ch arg es

. His co un se l ha s m ov ed fo r le av e to wit hd raw,

an d ha s fil ed a br ie f un de r And ers v. Cal ifo rn ia
, 38 6 U.S. 73 8 (1 96 7)
, ch al le ng in g a

s e n te nc in g en ha nc em en t, su gg es ti ng th at th e di st ric t co ur t m is cal cu la te d t h e Gui de li ne s im

pr is on m en t ran ge , an d arg ui ng th at Bo rd en ’s se nt en ce is su bs ta nt iv el y

un reas on ab le

. Bo rd en ha s fil ed a pr o se br ie f m ak in g es se nt ia ll y th e sa m e arg um en ts

.

Upo n care fu l revi ew, we co nc lu de th at th e di st ric t cou rt di d no t pl ai nl y err in

ap pl y in g th e ch al le ng ed se nt en ci ng en ha nc em en t. See Uni te d St at es v. Lov el ace , 56 5 F.3 d 10 80
, 10 87 (8 th Ci r. 20 09 ) (fai lu re to ob ject at se nt en ci ng res ul ts in rev ie w fo r pl ai n erro r th at affe ct s su bs ta nt ia l rig ht s) ; Uni te d St at es v. Men te er , 40 8 F.3 d 44 5,
44 6 (8 th Ci r. 20 05 ) (p er cu ria m) ( u n o b j ect ed -to fact s in pr es en te nc e rep or t are de em ed ad m it te d)

. W e fu rth er co nc lu de th at th e di st ric t co ur t d id no t p la in ly err in cal cu la ti ng th e Gui de li ne s im pr is on m en t ran ge , or im po se a su bs ta nt iv el y

un reas on ab le se nt en ce. See Uni te d St at es v. Feem st er , 5 72 F.3 d 45 5, 46 1 (8 th Ci r. 20 09 ) (en ba nc ) (d es cri bi ng ap pe ll at e rev ie w of se nt en ci ng de ci si on s) ; Lov el ace , 56 5 F.3 d at 10 87 ; se e al so Uni te d Stat es v. Call away , 76 2 F.3d 75 4, 76 0 (8t h Cir. 20 14 ) (o n a pp eal , wit hi n- Gui de li ne s- ran ge sen te nc e m ay be pre su m ed reas on ab le ).

Fi na ll y , we ha ve in de p e n d e n tl y rev ie wed th e reco rd pu rs ua nt to Pen so n v. Ohi o , 48 8 U.S. 75 (1 98 8)
, an d ha ve fo un d no no nf riv ol ou s is su es fo r ap pe al

. Ac c o r d i n g l y , we gr an t co un se l’s m ot io n fo r le av e to wit hd raw, an d we affi rm th e jud gm en t.

__ __ __ __ __ __ __ __ __ __ __ __ __ __ __

1 The Hon or ab le Bri an C. W im es , Uni te d St at es Dis tri ct Ju dg e fo r th e W es te rn Dis tri ct of M is so ur i.

-2

-
Exhibit 13.1

CERTIFICATIONS UNDER SECTION 906

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections
(a) and (b) of section 1350, chapter 63 of title 18, United States Code), each of the undersigned officers of QIAGEN N.V., does hereby certify, to such officers knowledge, that:

The Annual Report for the year ended December 31, 2007 (the Form 20-F) of the Company fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the information contained in the Form 20-F fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                      |  |  |  |                                              
|--------------------- |  |  |  | ---------------------------------------------
|Dated: March 20, 2008 |  |  |  | /s/ Peer M. Schatz                           
|                      |  |  |  | Peer M. Schatz                               
|                      |  |  |  | Managing Director and Chief Executive Officer
|                      |  | 
|Dated: March 20, 2008 |  |  |  | /s/ Roland Sackers                           
|                      |  |  |  | Roland Sackers                               
|                      |  |  |  | Managing Director and Chief Financial Officer

A signed original of this written statement required by Section 906 has been provided to the Company and will
be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                             372
<INT-BEARING-DEPOSITS>                            5310
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                      69855
<INVESTMENTS-CARRYING>                            4431
<INVESTMENTS-MARKET>                              4366
<LOANS>                                         126189
<ALLOWANCE>                                        580
<TOTAL-ASSETS>                                  209035
<DEPOSITS>                                      132932
<SHORT-TERM>                                     14000
<LIABILITIES-OTHER>                               5038
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            46
<OTHER-SE>                                       56992
<TOTAL-LIABILITIES-AND-EQUITY>                  209035
<INTEREST-LOAN>                                   7257
<INTEREST-INVEST>                                 3393
<INTEREST-OTHER>                                   182
<INTEREST-TOTAL>                                 10832
<INTEREST-DEPOSIT>                                4953
<INTEREST-EXPENSE>                                5088
<INTEREST-INCOME-NET>                             5744
<LOAN-LOSSES>                                       10
<SECURITIES-GAINS>                                (42)
<EXPENSE-OTHER>                                   2096
<INCOME-PRETAX>                                   3860
<INCOME-PRE-EXTRAORDINARY>                        3860
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      2422
<EPS-PRIMARY>                                      .56
<EPS-DILUTED>                                      .56
<YIELD-ACTUAL>                                    7.13
<LOANS-NON>                                        632
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                   1294
<ALLOWANCE-OPEN>                                   572
<CHARGE-OFFS>                                        2
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                  580
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS

P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711

11/18/2015 COA No. 02-15-00135-CR

LOYNACHAN, SAMSON M. Tr. Ct. No. 1233936R PD-0852-15

On this day, the Appellant's Pro Se petition for discretionary review has been

refused.

Abel Acosta, Clerk

LISA MCMINN

STATE PROSECUTING ATTORNEY

P.O. BOX 13046

AUSTIN, TX 78711

* DELIVERED VIA E-MAIL *OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS

P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711

11/18/2015 COA No. 02-15-00135-CR

LOYNACHAN, SAMSON M. Tr. Ct. No. 1233936R PD-0852-15

On this day, the Appellant's Pro Se petition for discretionary review has been

refused.

Abel Acosta, Clerk

SAMSON LOYNACHAN

ROBERTSON UNIT

- TDC# 1789266

12071 FM 3522

ABILENE, TX 79601OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS

P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711

11/18/2015 COA No. 02-15-00135-CR

LOYNACHAN, SAMSON M. Tr. Ct. No. 1233936R PD-0852-15

On this day, the Appellant's Pro Se petition for discretionary review has been

refused.

Abel Acosta, Clerk

2ND COURT OF APPEALS CLERK

DEBRA SPISAK

401 W. BELKNAP, STE 9000

FORT WORTH, TX 76196

* DELIVERED VIA E-MAIL *OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS

P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711

11/18/2015 COA No. 02-15-00135-CR

LOYNACHAN, SAMSON M. Tr. Ct. No. 1233936R PD-0852-15

On this day, the Appellant's Pro Se petition for discretionary review has been

refused.

Abel Acosta, Clerk

DISTRICT ATTORNEY TARRANT COUNTY

SHAREN WILSON

401 WEST BELKNAP

FORT WORTH, TX 76196

* DELIVERED VIA E-MAIL *