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April 11, 1988, Section C, Page 11Buy Reprints
Herschel Walker raised a 115-pound ballerina high overhead, strode forcefully without the slightest quiver, then leaned forward as she uncoiled gracefully across his muscular back.
There were no soaring leaps, no lively pirouettes and at times his moves were a shade mechanical. But the Dallas Cowboys' running back dazzled an audience with his surprisingly fluid strength today in a one-time appearance with the acclaimed Fort Worth Ballet.
It was the same stage where Mikhail Baryshnikov and the thriving local ballet company once charmed a capacity throng of 3,000. Walker's presence, in a program that also included George Balanchine's ''Firebird'' and Peter Martins's ''The Magic Flute,'' filled only half the theater, but his performance with two other dancers drew a rousing ovation. 'He Was Great'
''I thought he was great,'' said Denise Earle, a dental hygienist who once choreographed for high school and college theater. ''He's not a ballet dancer. He's a football player, but he handled it real well.''
Maria Terezia Balogh, the ballet's principal dancer, was quite literally in Walker's hands several times during an eight-minute dance. ''He's very aware and he adjusts very well,'' she said after a dress rehearsal Saturday.
Their biggest challenge was a delicately balanced promenade. Walker, with arm and shoulder muscles bulging on his 223-pound frame, gently traced a circle as he held Balogh's left arm. She was balanced on the toes of her right foot as she angled her left at the waist behind her. A slight falter by Walker could have sent her tumbling to the stage.
Moments earlier, the Cowboy knelt briefly on one knee, thrusting his powerful arms and chest outward like a gymnast forming an iron cross on the rings. Then he curled his arms in front and cradled Balogh as she moved her body to the eerie, unharmonic sounds of piano, cello and violin written 75 years ago by Anton Webern. Flat-Footed and Macho
''He's basically a football player, kind of flat-footed and kind of macho,'' said Eddie Griffin, a quality control inspector and a Cowboy fan who was attending his first ballet, specifically to see Walker. ''But he pulled it off pretty good. And that girl that danced the 'Firebird' was real wonderful.''
''Just like football, you have to have a high concentration level in ballet,'' Walker said. ''We had five rehearsals, so I knew when she was comfortable. In football, you read your teammates. Here it's reading your partner. The eyes tell it all.''
Walker earns $1 million a year playing for the Cowboys, or about $500,000 less than the Fort Worth Ballet's annual budget. He agreed to perform without pay after ballet officials presented the idea to Cowboy executives earlier this year as a way of drawing young football fans to the ballet.
''You could have heard a pin drop out there when Walker was on stage,'' said an elated Paul Mejia, the artistic director of the Fort Worth Ballet. ''The tension was there. He was perfect for the part and a wonderful contrast to the other dancers.''
Walker studied introductory ballet at the University of Georgia. ''Ballet is very tough and I was thrilled to get the chance,'' he said. ''I've got great flexibility for a guy my size and that helps. Some football players are so stiff they can't raise their arms above their head.''
Walker is not the first pro football player to answer the call of ballet. Lynn Swann, then a wide receiver for the Pittsburgh Steelers, performed a decade ago. Willie Gault, a wide receiver for the Chicago Bears, danced last year with Balogh and Joseph Malbrough of the Chicago City Ballet. Working Combination
Herschel is bulkier, so the contrast with a thin-legged ballerina like Balogh is much greater, she said, adding ''I think it works better.''
The piece was originally choreographed by Mejia when he was artistic director of the Chicago City Ballet. He came to Fort Worth this year. A prolific choreographer and husband of Suzanne Farrell, a ballerina at the New York City Ballet, he came to Fort Worth this season.
Malbrough took center stage with Balogh during the piece's more fast-paced moments. A 6-footer who weighs 185 pounds and swims daily for strength and muscle tone, Malbrough seemed small next to Walker.
That impression was highlighted at the dance's end when Walker and Malbrough glided slowly to opposite sides of the motionless Balough and, facing the audience, eased into a football player's head-up, three-point stance. The audience laughed, then erupted into spantaneous ovation that kept a broad smile on Walker's face throughout several bows.
''I would love to do it again,'' Walker said. ''I didn't want to embarrass my partners or the Fort Worth Ballet but I guess the ovation, said 'Don't worry you did O.K.' ''
Walker, who played three seasons in the Meadowlands with the New Jersey Generals, is a breakaway runner who exceeded 700 yards in receptions and carries in his two seasons since joining the Cowboys in 1986. He credits an unorthodox, daily workout regimen for his unusual mix of speed, power and balance on the field.
The routine includes up to 3,500 sit-ups, a thousand push-ups, several wind sprints, quarter-mile dashes and a two-mile run. He also does lots of stretching through the martial art of tae kwon do. Walker has been a black belt in tae kwon do since his college days.
Walker said the workout seemed to accommodate every twist, bend and lift required in his ballet debut. ''I'm not sore anywhere,'' he said. For Balogh, that was the biggest surprise of all.
''Willie complained last year about his hamstrings,'' she said. ''Herschel is much bigger, and he goes very, very deep in his knee bends, but he's not sore. Even I'm sore.''


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As a bundled solution, the Google Search Appliance offers an extremely low total cost of ownership. You do not need to pay for additional hardware, software, databases, maintenance, upgrade fees, or support.
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From the Back Seat to Behind the Wheel: Poland and the Climate Negotiations
Is the UNFCCC decision for Poland to host the 2013 climate talks a step backwards?
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Sometimes it looks as if the Parties to the UN Framework Convention on Climate Change have bet large amounts of money against themselves on the success of climate negotiations.
"Are we done yet?" Poland has hardly been an enthusiastic actor in UNFCCC negotiations. (source: IISD.ca)
Countries are now engaged in an excruciatingly slow race to reach an agreement by 2015, which would for the first time commit both the developed and the developing world under "a protocol, another legal instrument or an agreed outcome with legal force" (ah, the beauty of UNFCCC language…), in order to meet the goal of 2 degrees warming by the end of the century, the "safe" limit that was agreed upon at the 2009 Copenhagen summit.
Given what's at stake, and the inefficiencies inherent to the UN process, you'd think that the world's nations would make sure that not a minute is lost in the talks. And yet, after a Qatari Presidency that left everyone with the vivid memory of conference chairman Abdullah bin Hamad al-Attiyah literally hammering out a last-minute deal, Poland has been designated to host the 19th annual Conference of the Parties (COP19) next October.
It may not be obvious, at first sight, why Poland hosting the climate talks seems like a step backwards. After all, the ambitions around COP19 are not to come up with a global agreement, but rather to make substantial advances on pressing issues in preparation of the Durban Platform deadline, fixed for 2015 (and a very likely French Presidency). But it helps to remember that the last COP on the road to the rather underachieving Copenhagen Conference in 2009 took place in Poznań, which could say something about the capacity of a Polish COP Presidency to pave the way for ambitious deal-making. These fears, of course, are not enough to dismiss Poland as a valuable host. What weighs heavier is that the country does have a history of blocking progress in climate negotiations, particularly at the European Union level.
Ever since its entry into the EU in 2004, Poland has described itself as a country that needed "more time than others" to meet the common objectives of the European 20-20-20 plan: 20 percent reduction in greenhouses gases, 20 percent share of renewables in energy consumption, and 20 percent reduction of overall energy consumption by 2020. If Poland had had its way, the 20-20-20 plan would have looked like a 14-10-10, perhaps even a 10-7-6, according to proposals made around that time.
More recently, the country also opposed the adoption of any emissions reduction roadmap beyond 2020, fought for the right to carry the surplus of emissions permits (so-called "hot air") over the second phase of the Kyoto protocol, and has effectively stalled all attempts to "freeze" 900 million European "cap-and-trade" (EU-ETS) carbon credits, meant to drive prices up from where they are stuck today – under 5 euros per ton, far too low to provide a powerful incentive for investment in clean energy.
One of the most surprising features of this constant, fierce opposition to climate change action is that, more often than not, Poland acts alone. Yet a number of other European Union countries depend heavily on fossil fuels to fulfill their energy needs; not all of them share the immaculate environmental record of Latvia or Sweden. Why, among all of them, is Poland willing to face such diplomatic isolation to resist progress on climate action?
Part of the answer lies in the country's outstandingly high reliance on coal, which makes up more than 90 percent of its electricity generation. Moreover, a significant portion of that fossil fuel is actually lignite, or "brown coal", the cheapest, dirtiest kind (which has also enjoyed increasing popularity in post-nuclear Germany).
But this unique choice can only be fully understood through the lens of Poland's diplomatic history, and in particular its deeply rooted fear of Russia. Polish officials are afraid that overly stringent carbon regulations in Europe will force the country to increase dependence on gas imported from the Russian Federation placing Poland alongside many of its European partners, who rely on Russia for close to 40 percent of their gas imports.
For some time, shale gas provided the hope of ensuring Poland's energy independence– in 2012, a U.S. government study, estimated that the country's reserves could cover 200 years of its energy needs. Since then, however, estimates have been slashed by a stunning 90 percent, which quickly drove major international players like Exxon Mobil out of the country, but wasn't enough to discourage domestic firms like the state-owned PGNiG from trying their luck – and reportedly obtaining the first shale gas flow last week. Poland sees in shale gas, nuclear power, and some timid steps towards renewable energy and energy efficiency, the pathway to reconciling its appetite for cheap energy while complying with the EU push for ambitious climate action.
That pathway is, however, a particularly uncertain one. Controversial studies have ignited a debate about the climate impact of "fugitive methane" from hydraulic fracturing, highlighting the possibility that shale gale could be even tougher on climate than coal. The lack of preexisting infrastructure in Poland could also limit its possibilities of recreating the American shale gas boom. The country's promising renewable energy potential remains constrained by inappropriate support mechanisms, and the country was referred two weeks ago for failing to comply with EU standards on renewables.
A shale gas drilling area in Northern Poland. Is the country closing the door on progressive climate policy? (source: pulitzcenter.org)
If Poland is serious about doing more than minimum service towards a low carbon energy mix, it cannot afford to stall the progress of the EU-ETS and the second phase of the Kyoto Protocol much longer. Without proper institutional framing, and political momentum, which will help put a realistic price on carbon emissions and reflect the cost of pollution on society, clean energies won't be price-competitive with lignite fast enough.
Providing effective institutional framing, and creating political momentum, is precisely what is expected of Poland as the President of the climate talks. So far, Polish officials have demonstrated some good will, but a worrying lack of ambition – "I want the meeting in Poland to be a good introduction to the negotiating process", said Environment Minister Martin Korolec.
COP19 cannot be an introduction to a process that was started in 1992, with insufficient results: it must be a critical step towards a solid agreement in 2015, which would provide a much-needed globally binding incentive to climate action at the national and local levels. Already this year, it is vital to achieve progress on fast-start financing of the Green Climate Fund, the advancement of the Durban Platform, and all the other questions that did not receive a definitive answer in Doha.
"What this conference does is bring the world's attention to the host country and encourage that country to actually step up to the plate and do more", UNFCCC head Christiana Figueres said in late November after Poland was chosen to host. This was right after the chaotic closing of COP18 and a year of a rather unconvincing Qatari Presidency. Time for wishful thinking is running out. If it is sincere about its will to make the Warsaw talks a success, Poland must start working as hard as it can to gather support for a global agreement, and clean up its own act. And, by the way, would it be possible to find another location than a football stadium? Thanks.
Antoine Ebel is a former intern with Worldwatch Institute's Climate and Energy team, a regular contributor to ReVolt, and the President of CliMates, an international student think-tank striving to research and promote innovative solutions to climate change.


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First and foremost I would like to congratulate the 2013 Midget softball team on qualifying for the state tournament! What an exciting post-season. Being one of the top 40 teams left in the state with just over 350 teams total is a real honor. Embrace this next week and make the most of it; as a community we have a lot of pride in our softball team thanks to you.
Secondly I would like to take a minute of your time to commend the coach behind all the success. As a former player I have had the pleasure of being coached by Megan Anderson. I have nothing but the utmost respect for her as a coach and as a person. Coach Anderson has continued to improve the ELC softball record and program since she became the head coach in 2009. And once she was given the reins she was ready to ride! The 2009 season came to a heart-breaking end during the regional final game to a questionable call against Sioux City Heelan Crusaders. The 2010 season came to an end at another regional final game when the Hinton Blackhawks took the victory over the Midgets. But then in 2011 the Midgets overcame the hump and finally cashed in their ticket to the Iowa Girls State Softball Tournament. Since then Coach Anderson is now able put three time state qualifier behind her coaching name. While the work has to be done by the players to get there, it is the coaches that teach the skills and lessons that are needed to be victorious.
Megan Anderson was and still is constantly trying to improve her team's skills, as individuals and as a whole. Year around open gyms were always provided for pitchers and catchers to throw and fielders to work on drills and hit, no matter the month Coach was always willing to unlock the gym. Coming to practices with new drills, conditioning drills, and always sticking to the basics were her tactics. Fundamentals were constantly drilled into our heads by freshman coach Bob Kirchner, but if for some reason they were forgotten Coach Anderson would be right there to help us out and get back on the right track. Trying to make sure her practices were never boring and repetitive was something Anderson strived for. Megan was always willing to help after hours as well, especially if it was after a game that the team or a certain individual struggled. No matter the time or day if she wasn't busy with work or her family she was willing to help; and if she could not help she would find someone who could. Not all coaches are as selfless.
Along Anderson's side has been York Plagge and RaLeah Held, they have been nothing but helpful. Often times even if it was just for a pick-me up smile in the dugout or a pat on the back, Coach Plagge was a great asset to the team and will be missed in this community. His humor was always present and kept everyone in a positive mood. RaLeah has always been on top of the books and understands the game well; I know Coach Anderson appreciates all the volunteer time put in by RaLeah.
Being a multi-sport athlete I had multiple coaches throughout all the years and Coach Megan Anderson is the real deal. I am hopeful that one day, one team will grant her the biggest prize available to a high school softball team, a state championship. She is very deserving.
If you see Coach Megan Anderson out around town, give her a pat on the back and thank her for the work she does and for providing this town with a softball organization to be proud of.
To the present and future Midget softball team members, I have 2 words for you-DO WORK!
-Morgan Schichtl,


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Since the 1880s, there have been blue gum eucalyptus trees growing on San Francisco's Mount Sutro, which lies just south of Golden Gate Park. Recently, the University of California, San Francisco, which owns most of Mount Sutro, has been trying to thin the dense eucalyptus forest. The reason is fire control — eucalyptus trees are "fire intensive," shedding a lot of debris and burning with unusual volatility. But the effort to cull the Mount Sutro forest has been met with strident protest by residents who want to see the eucalyptus left untouched.
By the standard of the California Native Plant Society, eucalyptus, which were brought from Australia, are officially nonnative trees because they were introduced after the first European contact with the New World. But the trees on Mount Sutro have been there within the memory of every living San Franciscan, and to the generations who have grown up within view of them, it seems almost perverse to insist that they are aliens.
To keep a clear distinction between native and nonnative species requires nearly geologic memory. But humans, like most species, don't live in the past, where the distinction originates. In the present, the difference is largely immaterial. Native or nonnative, California's eucalyptus trees, like the starlings of Central Park, have come to seem original just because they predate us. Of course, the vast majority of nonnative species have not been intentionally introduced, as the Mount Sutro eucalyptus were, but have been distributed accidentally, unnoticed baggage in the wanderings of our species.
Some species — invasive ones like kudzu, Japanese knotweed, rabbits and rats — find almost unlimited room for expansion in their new environs, often overwhelming native species. But not all introduced species are invasive, and pose a threat only when they outcompete native species.
It's important to remember that the distinction between native and nonnative depends on an imaginary snapshot of this continent taken just before European contact. That distinction is becoming even harder to make as climate change alters the natural world.
A new study from the University of Exeter and Oxford University finds that plant pests and diseases have been migrating northward and southward an average of two miles a year since 1960. This suggests that the plants on which they prey have been moving at similar rates. In places like the Adirondacks, for instance, you can follow the boundary between southern and northern tree species as it shifts northward, year by year. As plants and their pests adjust their range, under the influence of global warming, what becomes of the distinction between native and nonnative? To any individual species, it doesn't matter whether it's native or not. The only thing that matters is whether its habitat is suitable. And this is where we come in.
For the most part, we don't have an immediate impact on the species that surround us. But we do have an immediate impact on their habitat, which determines whether they survive or, in some cases, shift their ground.
Nearly every habitat on this planet has been affected by humans, no matter how remote it is. In the past decade, for instance, the habitats of grizzly bears high in the Rocky Mountains — places most of us never get a chance to visit — have been significantly altered by global warming. As the climate warms, the mountain pine beetle has managed to winter over and destroy vast tracts of whitebark pine trees, which produce pine nuts that bears eat.
CONSIDERED in this light, the natural world as a whole begins to look like Central Park — an ecosystem where human influence is all pervasive. Parts of the park seem almost wild, but every creature in Central Park, native or not, has adapted to a world that is closely bounded by human activity. It is nature bordered by high-rises, intersected by paths and roadways, basking under artificial light at night.
In late August, a group of scientists and students from the City University of New York's Macaulay Honors College spent the day cataloging all the nondomesticated life forms living in the park. It will take a while to compile and compare the data, but even the anecdotal reports from that single day show how diverse and surprising the park's ecosystem can be. It isn't all squirrels and pigeons. The group reported sightings of several unexpected species — a diamondback terrapin in Turtle Pond, a Wilson's warbler in the North Woods, a bullhead catfish in the Harlem Meer. And though it might seem like a stretch to talk about ecosystems in Central Park, that is exactly what the group found — a healthy mix of species, overlapping generations within many species, and a sense of balance, especially within the aquatic zones.
Nature in Central Park can't be neatly divided into native of nonnative species, and neither can it be on Mount Sutro. The eucalyptus trees that grow there may be naturalized rather than native, but try telling that to all the other creatures that live in those woods or the people who hike there. And when it comes to the distinction between native and nonnative, we always leave one species out: call us what you will — native, naturalized, alien or invasive.


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Blogging has changed a lot since I first discovered the medium in 2005. I was a receptionist for a non-profit and spent the majority of my time trying to look busy to avoid the menial tasks of envelope stuffing and pamphlet folding. I don't remember the name of the first blog I read. I do remember imbibing it from start to finish. I was fascinated to uncover the details of another life, someone I would never meet in person but who was real, experiencing a lot of the same boredom and disconnection I felt at the time. It was better than a novel. At least, any I had read at the age of 23.
Back then, blogging to me was about authentic story-telling. I could get to know someone, gain access to their worlds, without having to endure the discomfort of small talk. To be sure it was voyeuristic. I almost never left a comment. Yet, it was also cathartic. For me and, I assumed, for them The writers weren't sharing anything they weren't prepared to publicize, even if there were sometimes unforeseen consequences.
The lives of other people are still interesting. I learn a lot about myself by reading the challenges and heart breaks of others. Yes, blog reading is entertainment, something to do on a rainy day. It also makes the world a little less frightening, a little more touchable, a lot more survivable. Or rather, it did for me.
However, blogs are different now. This is okay. In fact, it makes sense. As the cliché goes, change is a natural progression.
For instance, when was the last time you read a blog, like really read it, from beginning to end? Actually, when was the last time you read a whole blog article? Truly read the words. Not scrolling to the bolded text or skimming while formulating your reply or scanning for a sexy quote to share on social media or just checking out the pictures or watching fifteen seconds of a video. Read the text and enjoyed it for its own sake.
Maybe you do all the time. If so, I think you are the minority. Especially in the Petosphere.
A few weeks ago I read a book by Ruth Izeki, entitled A Tale for the Time Being. One of the protagonists is a teenager named Naoko and she shared a few opinions on blogging in her diary that struck me. You may disagree:
It made me sad when I caught myself pretending that everybody out there in cyberspace cared about what I thought, when really nobody gives a shit. And when I multiplied that sad feeling by all the millions of people in their lonely little rooms, furiously writing and posting to their lonely little pages that nobody has time to read because they're all so busy writing and posting, it kind of broke my heart.
This is harsh, perhaps, but I think more true than I would like it to be. And part of the reason I am quitting blogging.
Blogging, pet blogging especially, is no longer about stories. Don't get me wrong, there are a few exceptions, You might be one of them. It is not my desire to judge or offend. It is not to say that personal stories are the only purpose of a blog, because they aren't. But they were the main draw for me, and the only thing I know how to write.
In 2015, as opposed to 2005, blogging is less about connection and more about promotion. By that I mean selling something, whether one's own brand/products or ad space for someone else's. In my opinion, there is less time to get to know someone, to share an authentic experience, because there is too much pressure to perform. It is hard to be real when worrying about the bottom line.
In 2015, bloggers can't just sit down with a cup of coffee and say what's on their mind. Each post takes hours worth of crafting to ensure SEO and brand compliance. Money needs to be spent on supplies and every word economized because no one is going to read a post that is just a bunch of letters on the screen. Photos need to be taken with fancy cameras and professional lighting. The house needs to be spotless so as not to distract from the subject in said photos.
In 2015, bloggers can't curl up with their feed readers and giggle over someone else's story. Commenting is only done for the purpose of increasing traffic and engagement on one's own website. "Mark All As Read" is the standard theme. There is no time to delve into someone else's life, to learn, to connect. Not when the optimum daily time to post is approaching and one hasn't even come up with a topic. There is no time to share stories.
In 2015, bloggers need to be experts. They need to present themselves as the authority in their subjects. They also need to be technologically savvy and brilliant designers – or at least have the cash to pay someone else.
In 2015, bloggers don't need to be competent writers. Since no one is reading anyway, it doesn't matter how they say something. As long as they are willing to write a positive review of the item of the day, companies will keep paying for it.
In 2015, blogging is harder and easier than it was in 2005, depending on your perspective. Depending on your goal.
It is possible I am bitter. I must admit, I miss the time in my life when blogging was new. When I looked forward to sitting down at the computer in the belief my story might reach people, and being reached by others in return. But it all got complicated. It all became a lot of work. I knew I don't have it in me to keep up.
These days, I get as much out of writing in my private spaces as I do out of blogging. A pen and paper doesn't need hosting fees or knowledge of CSS, After all I went through this past fall when my hosting company kicked me out and spam monsters ate my blog, none of the stress seemed to have a point any more. It made more sense to let it go. No one was reading anyway.
Pet blogging is no longer for us amateurs. That's totally cool. It's kind of exciting. Pets aren't this dorky niche that no one talks about any more. Companies are starting to take it seriously. Bloggers are finding ways to make real money. It's fantastic. I am so glad I got to be a tiny part of the beginning.
There are no regrets. I have met some amazing people through blogging. Some of the .kindest, most authentic, most talented people in the world. I am so glad I spent the hours coming up with 902 posts on Rescued Insanity. Every second was worth it. I wish I had it in me to spend more.
If you follow me on Facebook, you'll have learned Shiva's House of Deluded Dreamers has a new addition. We brought home a puppy at the start of January. Proving we are insane. I would love to write about these new struggles we are facing. I would love to seek your advice and commiseration on house training, dog-cat interactions, and how to prevent your destructo dog from eating all of your new puppy's toys. I would love to share our failures. I would love to tell more stories. But I can't get up the energy to start over again here. The magic is gone. The connection is lost.
My blogging days are done.
I am not sad over this as much as I thought I would be. I guess it's no surprise.
I won't close down the page. When I started it in 2009 the main purpose what to track Shiva's progress. I would hate to lose that. As long as WordPress is free, I will keep this space.
If you are interested, or would just like to see some adorable puppy pictures, I will be posting on the Facebook page when I can. It won't always be pretty and my house will probably be a mess, but I'd love to see you there. Moreover, I'd love it if you'd share your stories with me. I promise to read every word.


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U.S. Economy Contracted In First Quarter, Latest Figures Show
A first-quarter contraction is looking more and more likely.
A couple weeks ago, the Commerce Department said U.S. economic output expanded at a seasonally adjusted annual rate of 0.1% in the first three months of the year. A near-stall for the economy, for sure, but at least it wasn't worse.
That initial estimate was the government's best guess, using the data available at the time. Based on more up-to-date figures, including the March trade data released last week, private forecasters now expect gross domestic product contracted in the first quarter for the first time in three years.
The latest evidence came Tuesday, when the Commerce Department released reports on retail sales and business inventories. Retail sales in February and March were revised up, but business inventories grew less in March than the agency had assumed in its GDP calculations.
Incorporating the new data, J.P. Morgan Chase on Tuesday estimated GDP contracted at a 0.8% rate in the first quarter. Macroeconomic Advisers put the contraction at 0.7%. Barclays Capital predicted a 0.6% decline. Pierpont Securities estimated output fell at a 0.4% rate. Action Economics estimated a 0.2% decline.
Official word will come May 29, when the Commerce Department releases a second estimate for first-quarter GDP. A third estimate will come June 25, just days before the second quarter comes to an end.


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I haven't played 5e before, but I've been eager to try it out. Consider me interested.
Wonderful! 5e is so much easier than 3, 3.5 and Pathfinder. Takes me way back to my 2nd ed days. You'll catch on fairly quickly, I assure you. :) Do you have the PH or a PDF of it?
I'll grab the PDF next time I'm at a computer.I've heard a lot of good about it, for sure!
Oh! May I play? :)
hesitant interest - 5E games on E seem cursed, but i really want to play the system.What are your creation outlines? (If there's any way I can play a gnoll, centaur, satyr or minotaur, especially, let me know! )
I've got the hankering to play a curte little halfling boy, so if that's fine I'm definitely interested.
Sounds fun. interested.
I'm likewise interested and if there aren't too many players yet i'll be submitting a character. Maybe a paladin or fighter, or I might even go crazy and try a warlock. I'll try to get a sheet submitted today.
Awesome! I am interested. I wanna play a female halfling Druid.
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At the Justice Dept., a new 20-person unit dedicated to fair lending issues received a record number of discrimination referrals from regulators in 2010 and has dozens of open cases, according to a recent agency report. Potential penalties can reach into the millions of dollars. "We are using every tool in our arsenal to combat lending discrimination," Thomas E. Perez, the assistant attorney general for the Civil Rights Div., told a conference of community development advocates in Washington in April.Of course, if lenders capitulate to the government intimidation and make more bad loans, in the name of "non-discrimination," that will only inflate a new housing bubble: Unqualified borrowers will once again buy more house than they can afford, and that will set up a new scenario for another housing-market collapse.
To some banks the crackdown has come as a surprise, say consultants and lawyers representing financial institutions in discussions with regulators. Like Midwest BankCentre, some lenders are being cited for failing to operate in minority and low-income census tracts near their branches, even when they have never done business there before. . . .
Bank lobbyists say the stepped-up government scrutiny could backfire if financial institutions decide to shrink their operations rather than yield to pressure to do business in areas that don't make sense for them.
When it comes to lending, "anti-discrimination" is just a euphemism for "lack of standards." It means that "loans" are no longer to be granted to qualified applicants, but instead are to be treated as a welfare program: as a government "entitlement" benefit to the unqualified, with taxpayers ultimately underwriting all of the catastrophic losses that will result.
Such facts and logic, supported by the bitter experience of the past few years, should offer obvious lessons to liberals. But how can facts, logic, and experience possibly compete with a Moral Narrative about "equality" that isn't drawn from reality, but from a fantasy that is imposed on reality?


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Category : Math Worksheet.
Topic : Math revision worksheets year 5. Author : Ferreira Craig.
Posted : Fri, Jul 12th 2019 16:03 PM.
Format : jpg/jpeg.
With a packed curriculum and the increased emphasis on testing, our children are taught tons of procedures - but procedures disconnected from when to use them, and why. Sustained thinking - the key ingredient to math success - is painfully absent in too many math classes.


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FindAnyFloor.com needed a new other design and created a contest on 99designs.
A winner was selected from 48 designs submitted by 8 freelance designers.
We have an advanced search feature on our homepage that we are not content with and are looking for the talented designers here to give our search a cool, sparkly, web 2.0 skin that fits with our site design.
FindAnyFloor.com - Our consumer site
We are a flooring information site called FindAnyFloor.com that will provide detailed info on flooring as well as a certified directory or retailers and installers to consumers.
This directory is reached off our homepage by a search widget. Currently, we like the skin design ok, but want to see if we can find a skin that will make the search pop more.
That is where you come in - we need you to make us a cool and sparkly search skin for our site.
You will need a screenshot of the this widget in order to have all the details you will need to create it, so please email me at email@example.com for a copy.
- We want something sparkly, slick and cool
- Should fit in with the Web 2.0 style
- Must work with our site colors
- Must work within the space allowed
- Width can only be ten pixels more than what is there now
- Length is not restricted
- Tab names must be used as is, though can change the font color, style and size.
- All elements currently on the screenshot must be used
(ie tabs, go button, search zip etc)
- Must keep functional elements where they are currently located (ie tabs, enter box etc), however can move the search button, instructional text and links to other search types
- Please show rollover and selected effect
- Please differentiate tabs that are not selected from the tab that is selected
- Please email me for a screenshot as it is not possible to work blind on this widget.
- Will need psd or ai file with layers intact when complete
- Will need gif or png of widget
- No black, brown, purple (or blue purple), pink, yellow (yellow orange is ok)
- Must not be more than 10px wider than our current search feature or your design cannot be considered.
- Designs that do not fit with our site colors will not be considered


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U.S. Equal Employment
Opportunity Commission
Car Dealership Refused to Hire Sikh Applicant and Failed to Provide Him With a Religious Accommodation, Federal Agency Charged
NEWARK, N.J. -- United Galaxy Inc., a car dealership in Little Falls, New Jersey doing business as Tri-County Lexus, will pay $50,000 and provide other significant relief to settle a religious discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
According to the EEOC's lawsuit, Tri-County Lexus strictly enforced its dress code policy without granting reasonable religious accommodations, and refused to hire Gurpreet Kherha, a member of the Sikh faith, because of its policy. Kherha's religious beliefs require him to wear a beard, uncut hair and a turban. He applied for an available position as a sales associate, for which he was qualified, the EEOC said. Tri-County Lexus requested that Kherha shave his beard, and he refused to comply because of his religious beliefs. As a result, Tri-County Lexus denied him the job, the agency charged.
Religious discrimination in employment violates Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991, which provide that employers may not discriminate on the basis of an employee's or applicant's religion and, where appropriate, must provide reasonable accommodations to sincerely-held religious beliefs or practices. The EEOC first attempted to reach a voluntary pre-litigation settlement through its conciliation process before filing suit in U.S. District Court for the District of New Jersey, Newark Vicinage (EEOC v. United Galaxy Inc., d/b/a Tri-County Lexus, Civil Action No. 2:10-CV-04987 (ES)(SCM)).
In addition to the $50,000 in monetary relief to Kherha, the two-year consent decree resolving the lawsuit enjoins Tri-County Lexus from future discrimination on the basis of religion. Tri-County Lexus will also provide anti-discrimination training to both employees and management. The dealership will also post a notice regarding the resolution of the lawsuit and appoint an EEO coordinator to ensure compliance with federal laws prohibiting employment discrimination.
"This case represents an example of EEOC's commitment to vindicating the employment rights of those who want to observe their religion," said District Director Kevin Berry of the EEOC's New York District Office.
EEOC Regional Attorney Elizabeth Grossman added, "We are pleased that Tri-County Lexus partnered with us to resolve this suit. This settlement will protect employees and future applicants from religious discrimination and inform all that the EEOC will take vigorous action to remedy it. It will also serve as a vehicle to educate other employers about the Sikh faith."
The Newark Area Office is part of the EEOC's New York District, which has jurisdiction over cases in New York, Connecticut, New Hampshire, Vermont, Maine, Massachusetts, Rhode Island and northern New Jersey.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the agency is available at its website, www.eeoc.gov.


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This kit, in a tough, foam-lined plastic storage case, is a precision woodworking outfit. It contains five of our top-quality tapered bits with matching countersinks (for screw sizes 6, 8, 10, 12, 14), 3/8" and 1/2" stop collars, two hex keys, and our patented Veritas® 3/8" and 1/2" Snug Plug® cutters to complete the kit. The box also has space for additional drivers or bits.
This is a most useful ensemble for any woodworker.


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DOBSON, N.C. — A 56-year-old Hillsville man faces multiple charges in a September attack at a Surry County residence, according to the Surry County Sheriff's Office.
Sheriff Graham Atkinson identified those charged in the Sept. 16 incident at 800 Oak Grove Road as Rebel Steniner Akers and Jennifer Dawn Hayes, 31, according to a news release from the Surry County authorities. Both face charges of first-degree kidnapping.
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With wolves no longer protected, western states move forward with hunting plans
Wolves in the West fan some people's passions and fuel other people's rage. The one thing they can't seem to do is stay out of the crosshairs.
After Congress passed a budget bill last spring that stripped federal protections for wolves in the Northern Rockies, Idaho and Montana began planning fall wolf hunts to begin as this issue went to press.
The U.S. Fish and Wildlife Service approved wolf-management plans for Idaho and Montana, and Idaho's sets no hunting limit in much of the state. There, where the 2010 wolf population stood at about 700, hunters can now pick off as many wolves as they want seven months of the year as long as at least 150 remain in the state.
Idaho's wolf management plan takes another unparalleled step. It allows wolf trapping and snaring—up to three per person—in the Lower 48 for the first time in modern history. Leg-hold traps clamp down on a wolf's foot, holding the animal until someone comes to shoot it—unless the trap isn't checked for days. Then the animal will die a slow painful death from heat exhaustion or hypothermia. Snares work to snag a wolf's head and then asphyxiate the animal as it tries to struggle free. "The plan allows the traps to go unchecked for three days, virtually guaranteeing wolves—and other nontarget species like endangered wolverines and even domestic dogs—will die in these devices," says Suzanne Stone, Defenders' Northern Rockies representative.
In Montana, where the wolf population is 550, 40 percent of the population is now targeted for a three-month hunting season beginning October 22. Although Montana's plan is more moderate and scientifically managed and monitored, Defenders believes that if hunters take that percentage the population may become fragmented. "Fragmentation puts wolves at greater risk for disease outbreaks and reduces the important ecological impact they have on the land," says Stone.
Eager to start killing more wolves as well, Wyoming officials reached an agreement with the Interior Department in August to allow the state to let anyone shoot wolves on sight—no license needed—across much of the state for nearly the entire year—including into denning season while wolves are trying to raise their pups. Wyoming wolves, whose numbers stand at only 350, would have a slight reprieve only in a small pocket near Yellowstone National Park. There wolves would be labeled "trophies" not "predators" and the trigger-puller would need a license in hand.
"The killing of pregnant females and newborn pups on our national forests could seriously harm the long-term viability of the population and affect biodiversity on our public lands," says Stone. "These plans are overly aggressive and they could seriously undermine the decades of hard work spent restoring wolves to these states. Under these guidelines, the fall wolf hunt could result in the loss of hundreds of wolves, potentially crippling the ecological function of wolves in their native habitat—most of which is on our public lands."
Like other top predators, wolves ensure that prey species like deer and elk don't grow too abundant. When wolves were absent from the West for nearly half a century—after the federal government's relentless predator-control program undertaken on behalf of ranchers—grazing deer and elk decimated plant species. Only after the wolf returned in the mid 1990s did the willows, cottonwood and aspen begin to recover.
Allowing potentially hundreds of wolves to be killed near border regions could also significantly impair dispersal of wolves into Oregon and Washington, where populations are just starting to take hold. And Wyoming's shoot-on-sight plan could prevent wolves from ever finding their way back into Colorado, a state badly in need of its historic top carnivore to help repair native ecosystems.
Only select articles from Defenders are available online. To receive 4 issues annually of the full award-winning magazine, become a member of Defenders of Wildlife!
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With engaging stories and spectacular photography, Defenders of Wildlife's magazine provides readers with a behind-the-scenes look at what biologists and conservationists are doing to protect imperiled wild animals and plants.


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Farmers will soon see a letter in their mailboxes from USDA—the first of a three-step process in rolling out the commodity title of the new farm bill. Before farmers make their decision regarding a safety-net, there are some big items to consider.
Agricultural Risk Coverage or Price Loss Coverage? This is the decision farmers will have to make.
Watch the full AgDay report:
"I think USDA is saying they want to give farmers a lot of time to work through alternatives and make the best decision to their farm," says Purdue University ag economist Chris Hurt.
It all starts now, as farmers will soon receive a letter listing acreages and commodities on each of their farms. Since payments will be based on that information, experts say it's important to take a close look.
"Make sure you go through those records and if you find any errors, go to the county office," says Informa Economics' Jim Wiesemeyer.
Wiesemeyer says producers then have to declare the program they want in December and enroll in the spring.
Farmers have two choices. The first is Agricultural Risk Coverage (ARC). ARC is a revenue-triggered payment, which means payments are based on potential revenue. Some experts say that option is more friendly to row crop farmers, but a farmer must choose between basing it off of individual or county yields.
"If elected with county, inputs are based on 85% of your base acres," Farm CPA Paul Neiffer says. "If you elect the farm, you're paid on 65%."
Price Loss Coverage (PLC), on the other hand, is a price-triggered payment. If prices are below the price of the crop, you can receive payment.
"Remember that's only for one crop year. We could still get a downturn in the later years, where PLC may work out better, in the case of you're a wheat producer," says Wiesemeyer.


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Shawn Alexander Burney celebrated his fourth birthday with family and friends on Nov. 18.
He celebrated with a Hot Wheels-themed party.
He is the son of Melissa and Scott Burney of Harriman.
Grandparents are Linda Utley Banks of Harriman, and Troy and Annette Burney of Oliver Springs.
Great-grandparents are the late Melvin and Lola Utley of Harriman, the late J.H. and Sarah Burney of Oliver Springs, and the late O.T. and Etoy McDaniel of Oak Ridge.
Shawn has a 5-year-old brother, Bryaden Andrew Burney.
Mr. and Mrs. James Thomas celebrated their 50th wedding anniversary on Nov. 30 with relatives and friends at Harriman Shoney's.
Thomas and the former Alice Goodman were married on Nov. 30, 1963, in Rhea County Courthouse, Dayton.
He is retired.
The couple has four children: Linda Shillings of Harriman, Wayne Thomas of Rockwood, the late David Thomas and Linda Lynn of Harriman.
There are seven grandchildren and a host of great-grandchildren.
James and Pamela Foster of Harriman announce the forthcoming marriage of their daughter, Erika Nichole Foster, to Christopher Cory Stafford.
He is the son of Henson and Elaine Stafford of Harriman.
The ceremony will be at 4 p.m. Dec. 28 in Riverside Baptist Church, Harriman.
All relatives and friends of the couple are invited to attend.
The bride-elect is the granddaughter of Zola Keathley.
She is a dental assistant with Dr. James D. Walmsley's dental practice.
Ryland Thomas Fritz was born at 6:29 p.m. Nov. 3 in University of Tennessee Medical Center, Knoxville.
He weighed 9 pounds, 5 ounces, and was 21.5 inches long.
He is the son of Matt and Angie Thomas Fritz of Kingston.
Grandparents are Jim and Becky Moates Thomas of Kignston, and Ernie and Cynthia Fritz of Harrison.
Great-grandmothers are Madeline Moates of Kingston, and Betty Pratt of Urbana, Ohio.
Ryland has two older sisters: Avery, 10, and Braxton, 8.
Twins Leyton Ross and Tenley Harper Bolden were born on Oct. 29 in Parkwest Medical Center, Knoxville.
They are the children of Tim and Amber Bolden of Harriman.
Grandparents are Steve and Mona Bolden of Harriman, Dave and Leslie Senk of San Jose, Calif., Scott Parcels of Davidson, Mich., and Lyle Yingling of Knoxville.
Alyson Kate Wheeler turned 10 years old on Nov. 6.
She celebrated with relatives and friends at her home.
She is the daugher of Richard and Carla Wheeler of Kingston.
Grandparens are R.L. Lawson and the late Shirley Lawson, and Richard and Elizabeth Wheeler, all of Harriman.
Alyson has a 13-year-old brother, Noah.
Mr. and Mrs. Freddie Barry will celebrate their 50th wedding anniversary on Nov. 15.
They plan to celebrate by dining out at Cracker Barrel.
Barry and the former Judy Ellison were married on Nov. 15, 1963. They have lived in Roane County their entire lives.
Their sons and daughter-in-law are Richard and Robin Barry, and Charles Barry.
There are 11 grandchildren and eight great-grandchildren.
The family attends Believers Voice of Deliverance Church in Harriman.
Marriage licenses granted at the Roane County Courthouse:
May 2 — Christopher Robert Strianese, 33, to Heather Grace Schellhase, 27.
May 3 — Donny Ray Wilson, 29, to Grace Nicole Stephens, 26.
• Eric Bryan Little, 40, to Jennifer Lynn Little Walden, 37.
• Wesley Jackson Snow, 31, to Kimberly Marie Ellis, 29.
May 6 — Nicky Lee Nichols, 45, to Rejeanne Parks Coleman, 54.
Braxton Olivia Fritz celebrated her eighth birthday on Oct. 11 at JumpJam in Knoxville with relatives and friends.
She is the daughter of Matt and Angie Thomas Fritz of Kingston.
Grandparents are Jim and Becky Moates Thomas of Kingston, and Ernest and Cynthia Fritz of Harrison.
Great-grandmothers are Madeline Moates of Kingston and Betty Pratt of Urbana, Ohio.
Braxton has a 10-year-old sister, Avery Elise.
Marriage licenses granted at the Roane County Courthouse:
April 3 — Martin Stuart Smith, 42, to Marcia Leanne Smith Churchill, 41.
April 5 — Robert Paul Stauter, 44, to Dina Lynn Gates, 42.
• Steven Paul McDonald, 41, to Charlene Dawn McCrane, 32.
• Daniel Jay Bredwell, 25, to Ashley Lynn Sproule, 24.
•Johnny Ray Bass, 48, to Angela Kaye Abston, 46.
Copyright © 2019
The Roane County News is your source for local news, sports, events, and information in Roane County and Kingston, Tennessee, and the surrounding area.


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Pure Cotton Handloom Double Bedcover from Bijnor by Nizam
Partners HANDLOOM VIRASAT
Partners HANDLOOM VIRASAT SKU: NZH/1/C/5
Check Worldwide Delivery Options Here
We offer COD ( Cash On Delivery) option for deliveries within India. You can check weather your pincode is seviceable for the service
Prepaid orders : 3-5 working days (Excluding order date)
COD order : 6-8 working Days (Excluding order date)
** For faster deliveries always make a prepaid order.
We ship worldwide including USA, UK, CANADA, AUSTRALIA, EUROPE, UAE, JAPAN, TAILWAN with ease.
Shipping fee is calculated on total value of items in your order.Average delivery time is between 5 to 12 days within placing order.
You can check detailed information about international shippments by checking THIS PAGE
|Ready stock. It can be delivered within 3-5 days. Returns accepted
|Double bed cover : Length - 110 inches, Width - 94 inches. (no pillow covers included)
|1.1 Kg (approximately).
|Fine quality traditional handloom pure cotton bedcover from Bijnor region of Uttar Pradesh.
|Gentle hand wash separately in cold water with mild liquid detergents. Avoid soaking for too long. Do not use bleach. Do not scrub.
|Slight difference in color from the visible product image is possible. Read more.
Handloom Virasat - Over the period of last few decades lines between handloom and other processes of making textiles have blurred. Most of the big brands and manufacturers selling handlooms have silently shifted to cheaper machine processes for making textiles and are still selling them as handlooms. Handloom Virasat is a initiative to support textile producers masterfully involved in making pure handlooms through generations and have not shifted their skills over time. All the produce under the initiative is verified with help of layers of allied agencies and experts for unparalleled quality.


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How Sweet It Is
As a rule, I don't post on weekends but I'm gonna have to take an exception for this special request from 'one very proud husband-for-one-year' all the way from sunny Cape Town in South Africa.
Sunday, June 6, marks Andrew and Mariah's 1st wedding anniversary.
June 6, 2010 81 Comments
Vintage Printable Labels
I think we all know that I have a bit of an obsession with labels 😉 Aren't these pretty? Head on over to Misscutiepiegoes80s' blog for the freebie download (personal use only), based on vintage labels from the Graphics Fairy. To my fellow label junkies, enjoy!
* * *
P.S. Notice that shiny new button we've added to the bottom of each post? You can now "like" your faves here on iDiY. Go to the blog and "like" the postings you love and/or enjoyed. A great way for me to know what I should feature next and perfect for you shy commenters out there! Thanks guys! xoxo
June 3, 2010 47 Comments
Free Turquoise Meets Gold Labels
A nice new set of printables from Julie at Little Sightings (you might remember her fab candy jar labels and table numbers freebie in the past). "Inspired by the desert with its golden sand and pale blue sky," her latest turquoise meets gold collection is a just what I needed. Ahh. A gentle reminder that Summer is almost here. Now go grab yours here and enjoy!
May 20, 2010 24 Comments
Upcycled Flower Caddy
Fastfood takeout lovers, don't throw that drink caddy from last night just yet! Check out this fab DIY re-use of kraft drink carriers (from Sonic!) by Dandee Designs. Great as gifts to friends or as eco-chic centerpieces for your next party (use them to decorate your tables then share with guests afterwards as favors). And that awesome "HELLO" banner? Why it's a free download to boot. Woot!
{ image credits }
May 19, 2010 18 Comments
DIY Gilded Garland Table Numbers
Oh so lovely, ain't it? Ahhh, this would have been perfect for my wedding! Alas, it's about 2.5 years late. But for all ye lucky (still-on-the-planning-stage) gals out there, please know that I'm totally jealous better run and head over to Project Wedding for the DIY how-to's and yes, the wonderfully FREE printable table number templates (1-20) created by A Field Journal. Enjoy, you lucky you! 😉
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May 11, 2010 16 Comments


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Thomas Plonski had August all planned outs, visits upon visits set up.
Then the Brooklyn Tech defensive end took a trip to Villanova. Shortly, his summer plans were scrapped.
"Villanova had the best combination of academics and athletics," the 6-foot-6, 240-pound rising senior said. "There wasn't much point to go and look at other schools."
Plonski made it official on Tuesday night, verbally committing to the CAA school and longtime head coach Andy Talley. He picked the Wildcats over Fordham and James Madison. Old Dominion, Marist and Wagner also offered.
The local BCS-level schools, such as Syracuse, UConn and Rutgers, were involved with Plonski, but never offered. Brooklyn Tech coach Kyle McKenna thinks they had other more glaring needs. Plonski was disappointed initially, until getting to know his future school.
"A lot of those schools are just football factories; Villanova is [Football College Subdivision], so they actually play for a national championship, not a bowl game named after a restaurant," Plonski said. "It's a great to play football at, have fun and get a great education."
Everything Plonski was looking for — from playing time to a comfort level with the coaching staff and close proximity to home — Villanova offered.
Plonski developed a bond with defensive line coach Roc Bellantoni, his lead recruiter, and could see himself playing for Talley, the winningest coach in school history who has gone 190-117-1 in 27 seasons at Villanova and led the Wildcats to the national championship in 2009. Distance also played a major role. Plonski wanted to be close enough so he could home when the opportunity presented itself and his family could attend his games.
"It's allowing me to have a little freedom and enjoy life as a college football player," said Plonski, who plans to major in either business or pursue a career in law.
Villanova is getting an impact player, McKenna said, a brute of a defensive end who 57 tackles and seven sacks a year ago. The coach thinks he could've played for a Syracuse or Rutgers, but said Villanova suits him just right.
"I think he fits really well at that level, as far as his range and ability to play at the point of attack at his size," McKenna said. "He's only going to get bigger. He's a big kid who's always learning as he goes. He'll learn from the coaching staff there and make the most out of it."
Plonski wanted to get the decision out of the way before practices with Brooklyn Tech begin in late August. Joined by Division I prospects Kyvaune Brammer (Buffalo), a wide receiver, and running back/defensive back James Gales, and a host of others who will play college football on the Division II or Division III level, Plonski has high hopes.
"It's rare when a class like this happens," he said. "We can really pull together and dominate other teams and go really far."


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apinstein needed a new logo design and created a contest on 99designs.
A winner was selected from 46 designs submitted by 20 freelance designers.
We are launching a new company and need a logo for branding purposes.
Neybor.com is a centralized marketing and services platform for sellers and renters of real estate - this is a consumer-focused site, not agent-focused
See early prototype:http://dev.ng.showcasere.com:8080/real_estate/7
Ignore -"Your Home's home Online "
Wide open - be creative
same old thing - bubbly web 2.0
Find out how a design contest works or learn more about our logo design services.


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AMERICUS - Georgia Southwestern men's basketball radio announcer Ricky Burgess asked listeners if the Hurricanes could get a mulligan during the opening minutes of Wednesday evening's 58-57 Peach Belt Conference loss to the University of Montevallo in the Storm Dome. It's probably safe to say GSW head coach Mike Leeder would have concurred with making such a request as the Falcons scored the first 17 points of game and held the Hurricanes scoreless until the 14:20 mark of the first half.
The good news, if there was any for the Hurricanes five minutes into the contest, was that there was plenty of time for a comeback.
And come back they did. Slowly and methodically, GSW chipped away at what seemed an insurmountable deficit.
The Hurricanes pulled within seven points, 17-10, before the Falcons stretch their advantage back to 14 points at the halftime break, 34-20. Alan Arnett scored 10 points in the first half for GSW which matched the total for the rest of the team.
Montevallo held the 14-point lead two minutes into the second half, 38-24, until the Hurricanes made their move. A 19-5 run where Jamon Hawkins drained a 3-pointer on three-consecutive possessions sparked the momentum swing.
Arnett hit two free throws to tie the game at 43-43 with 10:29 on the clock. Arnett made two more free throws before Hawkins gave GSW its first lead of the game, 47-45, with 9:07 to go.
GSW opened its own cushion, a six-point margin at 53-47, with seven minutes left.
An 11-4 rally by Montevallo put the visitors ahead a final time with 2:41 remaining. Neither team would score the rest of the way. A pair of missed free throws and three turnovers kept GSW off the scoreboard. The Hurricanes had the ball with 21 seconds but could not get a good look and heaved a desperation shot at the buzzer.
GSW shot 60 percent from floor in over the final 20 minutes. The Hurricanes hit 5 of 8 from beyond the arc, a better percentage (62.5) than from the free throw line where they were 8 of 13 (61.5 percent).
Hawkins was on fire down the stretch, scoring 16 of his 20 points in the second half.
GSW outrebounded Montevallo 15-10 in the second half after trailing 15-14 over the opening 20 minutes.
Arnett finished the night with team highs in points (21) and rebounds (6). It's the third-straight game Arnett has led the team in rebounding. Arnett and Hawkins accounted for 72 percent of the Hurricanes points.
GSW (50.0 percent) finished with a higher field goal percentage than Montevallo (43.4), more rebounds (31-25) and more bench points (27-4) while holding the Falcons 16 points below their season average.
Drico Hightower scored a game-high 22 points for Montevallo. Hightower also grabbed a game-high eight rebounds while the PBC's leading rebounder, Marvin Fitzgerald, managed six boards. Troran Brown added 13 points for the Falcons.
The Hurricanes slip back to .500 with a 7-7 record overall and a 3-4 mark in the PBC. Montevallo improves to 9-5 overall, 4-2 PBC.
GSW begins a four-game road trip on Saturday against Flagler College at 3:30 p.m.


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START Conference Manager
Supporting Document Triage via Annotation-based Visualizations
Soonil Bae, Haowei Hsieh, DoHyoung Kim, Catherine Marshall, Konstantinos Meintanis, J. Michael Moore, Anna Zacchi and Frank Shipman
ASIS&T 2008 Annual Meeting (AM08 2008)
Columbus, Ohio, October 24-29, 2008
For open-ended information tasks, users must determine how to best use their time in sifting through many potentially relevant documents. Document triage is the process of rapidly assessing the potential value of documents with respect to the task at hand. Normally, people perform triage using multiple applications in concert: a search engine interface presents lists of potentially relevant documents; a document reader displays their contents; and a third toola text editor or a more specialized applicationis used to record notes and assessments. To support document triage, we have developed a multi-application environment that combines an information workspace with a modified document reader. This environment infers users interests based on their interactions with both applications, coupled with an analysis of the characteristics and content of the documents they are interacting with. It then uses this interest profile to generate visualizations that direct users attention to documents or parts of documents that match those inferred interests.
Conference Manager (V2.54.6)


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2013 Outdoor Track
Recorded a personal-best time of 4:48.53 in the 1,500-meter race at the High Point VertKlasse Meet (March 22-23)… Turned in a career-best time of 10:29.98 in the 3,000-meter race at the Wake Forest Open (March 15-16) … Added her third personal-record of the season with a 18.11.11 time in the 5,000-meter distance at the Raleigh Relays (March29-30).
2012-13 Indoor Track
Posted a career-best time of 5:18.18 in the mile at the Southern Conference Championships (Feb. 23-24) … Also added a career-best time in the 5,000-meter race at the Hilton Garden Invitational (Feb. 1-2) with a time of 18:42.31 … Added a time of 10:46.73 in the 3,000-meter race at the Hokie Invitational (Jan. 25-26) … Part of the distance medley relay team that a facility record at the JDL Fast Track during the Hilton Garden Invitational (Feb. 2) with a time of 12:14.22, winning by over 23 seconds.
2012 Cross Country
Posted a season-best time of 18:43.28 in the 5,000-meter distance at the Southern Conference Championships (Oct.27) when she placed 41st overall … Tallied a season-best time of 23:19.90 in the 6,000-meter distance at the NCAA Southeast Regional when she placed 162nd … Finished ninth at the Elon Invitational (Sept. 15) with a time of 19:18 … Placed 194th at the Greater Louisville Classic (Sept. 29) and 134th at the Pre-Nationals (Oct.13).
2012 Outdoor Track
Set a personal record with a time of 11:40.70 in the 3,000m steeplechase at the Duke Invitational (Apr 7) … scored points in the event at The Southern Conference Championships with a seventh place finish (Apr 21) … set a personal best time inthe 5,000 meters, running 18:24.68 at the Raleigh Relays, to finish fifth in her heat (Mar 30) ... SoCon Academic Honor Roll.
2011-12 Indoor Track
Ran a personal record time of 10:38.63 in the 3,000m at the nearby Fast Track Invite in Winston Salem, N.C., finishing 17th overall (Feb 11) … season best time in the mile came at the Kent Taylor Invitational in Chapel Hill, running a time of 5:17.60 to finish 10th overall (Feb4).
2011 Cross Country
Ran a personal best time of 18:34 for 5,000m at theSouthern Conference Championships in Charleston, S.C., finishing27th overall (Oct 29) … part of team thatcaptured the first SoCon Championship in school history … set a personal best time in the 6,000 meters at the NCAA SoutheastRegional Championships in Louisville, Ky., crossing the line in23:08 (Nov 12).
2011 Outdoor Track
Named to the SoCon All-Freshman Team in the 3,000 meter steeplechase … ran a 7:38.01 in the 2,000 meter steeplechase to finish in fifth at the Duke Invitational … set a personal-best in the 1,500 meters at the UNCW Seahawk Invitational after running a 4:59.98 … finished in 15th place at the SoCon Championshipsin the 3,000 meter steeplechase in a time of 11:59.81 … ran a 12:34.49 in the 3,000 meter steeplechase at the Wake Forest Open to come in ninth place.
2010-11 Indoor Track
Earned SoCon All-Freshman Team honors in the mile … set a personal-best time in the 1,000 meters at the Tiger Paw Invitational after running a 3:09.03 … finished in fifth place in the 1,000 meters at the Liberty Open in a time of 3:15.10 … ran a personal-best in the mile at the SoCon Championshipsin a time of 5:28.72 to finish in21st … ran a 5:33.27 in the mile at the Niswonger Invitational.
2010 Cross Country
Ran a personal-best in the 5k at the Royal Cross Country Challenge in a time of 18:55.8 … also set a personal-best in the 6k at the NCAA Southeast Regional after running a 24:07.70 … ran a 19:21.90 at the Greater Louisville Classic … finished in 19th at the Elon Invitational after posting a 19:27 … ran the 5k at the SoCon Championships in a time of19:46.40.
High School
Earned four varsity letters in track & field and three in cross country at West Johnston High School for coach Patrick Shaw … earned All-Greater Neuse River Conference honors all three seasons of cross country … also earned all-region honors as a senior and junior in cross country … was named all-state in the 4x800 relay, as well as the 1,600 meters… set the school record in the 1,500 meters with a time of 4:47 … was a member of the school record 4x800 team, when they ran a 9:12 … the time of 9:12 was the second-fastest time in state history in that event … was also a member of the National Honor Society.
Kelly P. Montague … born April 12, 1992 in Raleigh, N.C. … daughter of Michael and Rosemary Montague… has one older sibling, Michael … Majoring in kinesiology.
Top Performances
Cross Country
5k: 18:34.8 (Southern Conference Championships -10/29/11)
6k: 23:08.70 (NCAA Southeast Regional - 11/12/11)
800m: 2:25.50 (LIberty Open, 1/17/14)
1,000m: 3:09.03
Mile: 5:08.32 (UCS Invitational, 2/14/14)
3,000m: 10:31.08 (Hilton Garden Invitational, 1/31/14)
5,000m: 18:42.31 (Hilton Garden Invitational, 2/1/13)
1,500m: 4:48.53 (High Point VertKlasse, 3/23/13)
3,000m: 10:29.98 (Wake Forest Open, 3/15/13)
2,000m steeplechase: 7:38.01
3,000m steeplechase: 11:40.79
5,000m:18:11.11 (Raleigh Relays, 3/29/13)


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Goal II - Independence and Accountability
California's judicial branch is an independent, separate, and co-equal branch of state government charged with preserving the rule of law, upholding Californians' constitutional rights, and ensuring fair and impartial courts. In order to discharge these important constitutional responsibilities, the branch must maintain its independence and resist pressures that would compromise the independence of judicial decisionmaking. Increasingly, judicial officers must contend with a variety of challenges as they make judicial decisions on issues charged with public controversy.
In serving the people of California, the judicial branch must also exercise its constitutional and statutory authority and responsibility to plan for, direct, monitor, and support the business of the branch and to account to the public for the branch's performance. The judicial branch must develop meaningful judicial branch performance standards, measure performance against the standards, analyze data on those measures, report the results to constituents on a regular basis, and support changes to increase efficiency and effectiveness.
For policy details, please see the complete Judicial
Branch Strategic Plan.
Graphic version | Text only version


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Follow RFF News on your cell phone. Text follow rff to 40404 you will receive txt messages with RFF News
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And there is something I dont get about the Grades clue. If they are the grades of the individual player then why is it that the the C's aren't leaving together. like if they were grades then why is it that someone with a C grade is sent home arbitrarily? Are there degrees? And im sure the lowest score wouldnt just be a C.
, since the Mole will get every answer right.
Hi, everybody. I'm new here, but I already have some suspicions of the Mole. I think that the Mole is Paul. If the second web clue (ABCBB ACCBCA) is the grades, then that leaves Clay and Paul as Mole candidates, since the Mole will get every answer right. In the first episode, Jon says, "Eat, drink, be merry, and treat it like it's your last supper." Now some people may single Mark out as the Mole. But few know that St. Paul also wrote an account of the Last Supper in his letter to the Corinthians. This also relates to the religious aspects of the show. He lives in Yonkers, which is mainly populated by Italian-Americans. That way, the Italia shirt would make sense. The religion also fits here because Vatican City, the capital of Christianity, is in Italy. What makes him such a good Mole (in my opinion) is that he tries to act like a really good contestant. The online clue (s666-LIAr) does two things. 1: Singles out Ali as the next one leaving (grapes only rules out Bobby, who was executed). 2: Gives 666, the mark of the beast, another biblical symbol. There are a few interpretations of this, some leading to Victoria, Alex, and Mark. But the grades make me think Paul. I'm not sure what to think of E_E_E_, but it may stand for eleven. If we look on the bios page on the official site, we see the Paul is the 11th one listed.Well, those are my suspicions.
I think that the Mole is Paul.
QuoteI think that the Mole is Paul.I've discounted Paul as the mole for several reasons but the main one is this.On the execution quiz for episode 2, question 7. The question is:7. In "When Pigs Fly" what did the mole do after returning from Pomaire?A. Catch pigs.B. Hold one end of the slingshot handle.C. Load pigs and shoot slingshot.D. Nothing.Answer A would refer to Paul and Liz since they both caught pigs, but the problem is that neither of them WENT TO Pomaire, so neither of them could RETURN from there.A better option for A would have been "The mole did not go to Pomaire".
Not the exact wording but one of the advertising lines for this week says that the best liked player suddenly becomes the least liked.
"Being blindfolded while flying 40mph down a luge... now that's something new for me."- This eliminates Bobby, Craig, Nicole because none of them were blindfolded.
EP4 Clue EFG PQR ZOO
Quote from: puddin on June 20, 2008, 10:03:51 PMEP4 Clue EFG PQR ZOOIts an Eye exam
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This week a friend took me to the single most enjoyable sandwich stop in my life. http://www.gossesrestaurant.com/ Gosses is an unassuming tavern in an unassuming neighborhood but the sandwiches rock. They were so good that if we were to do a tour of Sheboygan I could see making this both our first and our last stop. We sampled cheeseburgers, pork chop sandwiches, "restaurant' steaks (a cross between a minute steak and a rib-eye), and of course the double brat. Each sandwich was charcoal broiled, laced with "a generous amount of butter, and served on a City Bakery hard roll. I was happier with these humble sandwiches than with the finest USDA prime steak. They also are known for home made soups, Broasted chicken ("best I ever had" said one-untried by me) and lake perch. Wisconsin folks know that many of us find that http://miesfelds.com/wp/ is certainly in the top 3 meat markets in the state and few would argue that http://www.sheboygancitybakery.com/ have the best hard rolls in the Dairy State. Just a few blocks form Gosses is the Old Wisconsin Sausage factory outlet store http://www.oldwisconsin.com/ The factory outlet store is located at 2107 South 17th Street, Sheboygan, WI 53081. There are some bargains to be had; for example I bought ten 1oz. packages of their salami for a buck. They have an excellent natural casing coarse ground wiener but it is not a top tier sausage maker when compared to Usingers or even Klements. Still it would be worth a stop for possible bargains. Sheboygan has a frozen custard stop connected to a Harley Davidson dealer http://www.cruisersfrozencustard.com/ and that too is worth a stop. Sheboygan has a nice lakefront area and weather permitting we could stretch our legs. I'm thinking maybe a mid-May Saturday? Comments, thoughts and suggestions.
Ok, we have the Doodle.com survey set up. May 24th, Smoke Day, has been excluded. (Note to MFL- I got the info from JPfeff, so you can disregard my PM to you!) Click on this link: http://www.doodle.com/rdvkxhcrck9rnfcb Because there's so many potential dates, it sort of collapses the options- you have to click the button near the top that says "Show all 12 options". Type your name into the "Participants" box on the left side. For each day, select "Yes", "No", or "(Yes)", which indicates you could do it, but it's not an ideal date for you. Make sure you hit "Save". You can also leave a comment underneath!
JRPfeff I don't know what I did, but BuddyRoadhouse has put me on his personal No Fly List. First he declined my invitation to the 2014 edition of Smoke/Pie Day on May 24. And then just today, Mr. Roadhouse categorically stated that he will not join me at the Contingent Takes Sheboygan Eat & Greet if it occurs on June 21. His excuse each time, he'll be washing his hair in Cleveland.
JRPfeff For everyone else, the REAL Pie Day will be celebrated at our home in Pewaukee on May 24 and YOU are invited.
JRPfeff Bologna, is that something they eat in Pittsburgh?
Michael Hoffman JRPfeff Bologna, is that something they eat in Pittsburgh? No. In Pittsburgh they eat jumbo, which is not to be confused with an elephant.
lleechef My mother came to visit me in Boston, I took her to a small market known for having Boar's Head deli meats. She asked for 1/2 lb. of "chipped jumbo". They looked at her like she was crazy. I had to interpret that into "shaved bologna". Darn Yankees don't even understand Pittsburghese.
Davydd I'll be washing my hair in Indianapolis.


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23 Kan. App. 2d 703
No. 75,342
WESTERN VIDEO COLLECTORS, L.P., et al., Appellants, v. MERCANTILE BANK OF KANSAS, Appellee.
1. Unless the parties expressly agree to apply the statute of limitations of another state, general choice of law provisions in contracts incorporate only substantive law and do not displace the procedural law of the forum state.
2. The fact that the general choice of law provision in a contract does not mention the procedural law of a forum state does not render the provision ambiguous.
Appeal from Johnson District Court; JAMES W. BOUSKA, judge. Opinion filed March 28, 1997. Affirmed.
Gregory V. Blume and Kevin E. Dellett, of Overland Park, for appellant.
Dan Biles, of Gates, Biles, Shields & Ryan, P.A., of Overland Park, for appellee.
Before BRAZIL, C.J., ELLIOTT and KNUDSON, JJ.
BRAZIL, C.J.: Western Video Collectors, L.P., et al. (Western), appeals the trial court's order granting summary judgment to Mercantile Bank of Kansas (Mercantile). Western argues that a choice of law provision in its contract with Mercantile required the district court to apply Missouri procedural law, which contains a more lengthy statute of limitations. In the alternative, Western contends its action was timely under the Kansas statute of limitations. Western also argues genuine issues of material fact existed to preclude summary judgment. We affirm.
Western was in the business of selling old western films on videocassettes through television advertising. In November 1988, Western opened two business accounts at Galleria Bank (Galleria), Mercantile's predecessor. The accounts enabled Western to process credit card orders placed by its customers. One account served as the business checking account, and the other was a reserve account from which customer refunds, or charge-backs, were paid. Western and Galleria executed a written "Merchant Agreement" governing the processing of the credit card transactions.
In January 1989, Galleria notified Western's president, Ken Heard, that it was closing Western's accounts. In February 1989, Galleria informed Heard that it was freezing the funds in the accounts. Without access to the funds in the accounts, Western was unable to purchase its product from its suppliers, and by March 1989, customer complaints began increasing because Western was not filling its orders. Heard opened new accounts at another bank in April 1989.
The Merchant Agreement states: "This agreement shall be governed by the laws of the State of Missouri." Western urges this court to construe this provision to mean the parties agreed that Missouri procedural law would govern any lawsuit based on the agreement. Western contends that the provision is ambiguous because it does not speak to the issue of whether Missouri is intended as the forum state, and therefore must be strictly construed against the drafter of the agreement, Mercantile. We disagree.
The fact that something is not specifically provided for in a contract does not, by itself, make the contract ambiguous. See Quenzer v. Quenzer, 225 Kan. 83, 85-86, 587 P.2d 880 (1978). Likewise, in this case, the fact that the provision does not address whether Missouri should be the forum state does not render the agreement ambiguous. Moreover, the provision is not ambiguous on its face; the language used in the provision is clear and cannot reasonably be understood to have multiple meanings. It requires no construction by the court, and thus the strict construction rule is inapplicable. See Thomas v. Thomas, 250 Kan. 235, Syl. ¶ 3, 824 P.2d 971 (1992).
Western also makes an unsupported allegation that the individuals who entered into the contract were laymen who may have had a different understanding of the choice of law provision. Western argues it was error to grant summary judgment without receiving testimonial evidence regarding the parties' intent. However, Kansas law provides that "[w]hen a contract is plain and unambiguous, the parties' intent should be determined from the instrument." Metropolitan Life Ins. Co. v. Strnad, 255 Kan. 657, 662, 876 P.2d 1362 (1994). Moreover, to avoid summary judgment, Western has the burden of producing evidence sufficient to establish a genuine issue of material fact concerning the parties' intent. See Mitzner v. State Dept. of SRS, 257 Kan. 258, 260, 891 P.2d 435 (1995). No such evidence appears in the record. Western's argument fails.
"'The general rule in respect to limitation of actions is that the law of the forum governs.'" Muzingo v. Vaught, 18 Kan. App. 2d 823, 825, 859 P.2d 977 (1993). Statutes of limitation are procedural in nature. See Sun Oil Co. v. Wortman, 486 U.S. 717, 722-26, 100 L. Ed. 2d 743, 108 S. Ct. 2117 (1988); Muzingo v. Vaught, 18 Kan. App. 2d at 828. In conflict of laws situations, matters of procedure are usually considered to be subject to the law of the forum. Annot., 78 A.L.R.3d 639, 647.
Mercantile cites Chilson v. Capital Bank of Miami, 10 Kan. App. 2d 111, 692 P.2d 406 (1984), aff'd 237 Kan. 442, 701 P.2d 903 (1985), for the proposition that general choice of law provisions relate only to substantive and not to procedural law. Chilson argued that Florida law provided the governing statute of limitations. Chilson based his argument on a provision in the Kansas Uniform Commercial Code, K.S.A. 84-4-102(2), which stated that in an action for mishandling a negotiable item, "liability . . . is governed by the law of the place where the bank is located." Although basing its decision in the case on other grounds, the court noted in passing that Chilson's contention lacked merit. The court held: "The choice of law provision included in K.S.A. 84-4-102(2) relates only to the rules regarding liability in handling a negotiable item and not to the procedural restrictions on a lawsuit which vary in every state." 10 Kan. App. 2d at 115.
The Chilson decision, while not directly on point with the facts of the case at bar, provides support for Mercantile's position. The Chilson court interpreted a general choice of law provision and concluded that it did not affect procedural law, such as a statute of limitations.
Although Kansas courts have not addressed this precise question, the prevailing authority indicates that, unless the parties expressly agree to apply the statute of limitations of another state, general choice of law provisions in contracts incorporate only substantive law and do not displace the procedural law of the forum state. See Phelps v. McClellan, 30 F.3d 658, 662 (6th Cir. 1994); Gluck v. Unisys Corp., 960 F.2d 1168, 1179-80 (3d Cir. 1992); Federal Deposit Ins. Corp. v. Petersen, 770 F.2d 141, 142-43 (10th Cir. 1985); Des Brisay v. Goldfield Corp., 637 F.2d 680, 682 (9th Cir. 1981). Western cites no authority to the contrary.
In the present case, the Merchant Agreement does not contain an express agreement to apply the Missouri statute of limitations. In accordance with the cited authority, we conclude that the choice of law provision in the Merchant Agreement does not displace Kansas procedural law. Therefore, the district court did not err in applying the Kansas statute of limitations.
Western contends that its action was timely filed under Kansas law. "The district court's interpretation of the statute of limitations for contract actions is a conclusion of law. This court's review of conclusions of law is unlimited. Hutchinson Nat'l Bank & Tr. Co. v. Brown, 12 Kan. App. 2d 673, 674, 753 P.2d 1299, rev. denied 243 Kan. 778 (1988)." Edward Kraemer & Sons, Inc. v. City of Overland Park, 19 Kan. App. 2d 1087, 1090, 880 P.2d 789 (1994).
K.S.A. 60-511(1) provides a 5-year statute of limitations for a cause of action based on a written contract. "The period for filing suit begins to run when the cause of action accrues." Edward Kraemer & Sons, Inc. v. City of Overland Park, 19 Kan. App. 2d at 1089; see K.S.A. 60-510.
Western filed its petition on July 26, 1994. For Western's action to be timely, the 5-year statute of limitations must not have started running before July 26, 1989. The question is whether Western possessed a right to maintain a legal action before July 26, 1989, or whether the right of action did not arise until after July 26, 1989.
Western's petition states the basis for its cause of action. Western alleged that by freezing the bank accounts, Galleria prevented Western from being able to obtain merchandise and fill customer orders. Western also alleged that as a result of the frozen accounts, it could not pay its business expenses in a timely manner. These problems, which form the gravamen of Western's complaint, occurred in February and March 1989. In fact, by April 1989, Western had found another bank and established new accounts to replace the ones at Galleria. Clearly, Western's right to maintain a legal action arose before July 26, 1989.
Western points out that Galleria processed customer charge-backs through August 1989. In its petition, Western charged Galleria with failing to provide notice of customer charge-backs and complaints. Western alleged that Galleria should have afforded it the opportunity to address these customer problems.
Neither the Merchant Agreement nor the specific account agreements contain a provision requiring Galleria to give notice of customer charge-backs or complaints. Western admits that the obligation to notify was implied in its agreements with Galleria Bank. K.S.A. 60-512 provides a 3-year statute of limitations for actions based on implied contract obligations. See Zenda Grain & Supply Co. v. Farmland Industries, Inc., 20 Kan. App. 2d 728, 740-45, 894 P.2d 881, rev. denied 257 Kan. 1096 (1995).
The last customer charge-back occurred in August 1989, over 3 years prior to the date the action was filed. Therefore, K.S.A. 60-512 bars Western's implied contract claims. It is well established that a trial court decision which reaches the right result will be upheld even though the trial court may have relied upon the wrong ground or assigned erroneous reasons for its decision. In re Estate of Murdock, 20 Kan. App. 2d 170, 175, 884 P.2d 749 (1994). Accordingly, the district court did not err in holding the statute of limitations barred Western's claims.
Western argues that because the reserve account remained open until December 1989, Galleria did not breach the contract until the account was actually closed. Western characterizes its contract with Galleria as a "continuous service contract" and cites In re Estate of Moe, 240 Kan. 242, 729 P.2d 447 (1986), for the proposition that where a continuous service contract is involved, the statute of limitations does not start to run until the services have ended. Contrary to Western's assertion, however, Moe does not establish such a broad rule.
The Moe court explained the general contract rule that once performance has begun and prevention of further performance takes place by repudiation or otherwise, a breach exists. 240 Kan. at 245. The court then noted that an exception to the general rule exists:
|"[W]here if there is a single hiring and the term of service of the employee and also the time when his compensation shall become due are not fixed by agreement, and the hiring and service continue without interruption or payment until the death of the employer, the employment, in the absence of the evidence of a general custom or usage, may be deemed continuous. Under such circumstances, the statute of limitations will not begin to run against a claim for compensation until the services have ended." 240 Kan. at 245.
By its own terms, the exception explained in Moe applies to employment situations, usually involving one party who promises to provide services to another in exchange for a promise to make payment or leave property at death. See In re Estate of Moe, 240 Kan. at 245-48 (discussing three similar cases). The case at bar does not involve such an employment situation, and therefore the exception set forth in Moe is inapplicable.
In a related argument, Western cites Jarnagin v. Ditus, 198 Kan. 413, 418, 424 P.2d 265 (1967), where the court held that voluntary and deliberate partial payment on a debt will toll the statute of limitations on a action to recover the debt. Western points out that by processing customer charge-backs and keeping the reserve account open, Galleria continued to perform under the Merchant Agreement. Western compares this continued performance to a partial payment on a debt and argues that the statute of limitations should be tolled.
Western's comparison is ill-founded. The Jarnagin court explained why partial payment tolls the statute of limitations: "The principle upon which part payment extends the running of the statute is that the debtor intended by such payment to acknowledge and admit the greater debt to be due, and from which the trier of facts would be warranted in finding an implied promise to pay." 198 Kan. at 418. In the case at bar, one cannot reasonably infer that Galleria acknowledged any greater obligation by its continued account activity. Western fails to explain its comparison, and the Jarnagin case differs significantly from the instant matter.
Finally, Western cites Edward Kraemer & Sons, Inc. v. City of Overland Park, 19 Kan. App. 2d 1087, where the court considered when a cause of action accrues for breach of a construction contract. The court noted that several jurisdictions had adopted a special rule governing complex construction contracts and under that rule the statute of limitations does not begin to run until the contract is completed. The court held that the rule and the reasons supporting it were in accordance with Kansas law regarding statutes of limitation. The court concluded that in the case before it, the plaintiff could not have successfully maintained an action following a technical breach of the contract, because the ramifications of the technical breach were unknown. The court held that the cause of action did not accrue until the contract was completed and the demand for incentive payments rejected. 19 Kan. App. 2d at 1090-93.
Kraemer is distinguishable from the present case. Here, unlike in Kraemer, the ramifications of Galleria's breach were known in February and March 1989, when Western's business suffered as a result of the frozen accounts. The fact that the contract was not technically complete until Galleria closed the reserve account in December 1989 does not compel a finding that Western could not maintain a cause of action prior to July 26, 1989. Western's argument fails.
Summary judgment is appropriate when the documents on file show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. K.S.A. 60-256(c); Boulanger v. Pol, 258 Kan. 289, 295, 900 P.2d 823 (1995). The district court is required to resolve all facts and inferences that may reasonably be drawn from the evidence in favor of the party opposing the motion. Boulanger v. Pol, 258 Kan. at 295. Similarly, "[i]n reviewing a summary judgment, an appellate court must read the record in the light most favorable to the party who opposed the motion." Morriss v. Coleman Co., 241 Kan. 501, 502, 738 P.2d 841 (1987).
Western contends four material issues of fact existed to preclude summary judgment. First, Western contends Galleria continued to process customer charge-backs without notifying Western or giving Western the opportunity to settle the disputes directly with the customers. Mercantile, however, does not dispute these facts. The only real issue is whether an implied contract obligation exists requiring Mercantile to refer customer charge-backs and complaints to Western. The existence of an implied contract is a question of law, see Zenda Grain & Supply Co. v. Farmland Industries, Inc., 20 Kan. App. 2d at 737, and does not present a material fact issue. Moreover, as previously discussed, Western's implied contract claim is subject to a 3-year statute of limitations and is therefore untimely.
Second, Western asserts that Galleria failed to give written notice of its intent to close the accounts. The Merchant Agreement states that "EITHER MERCHANT OR BANK MAY TERMINATE THIS AGREEMENT UPON RECEIPT OF WRITTEN NOTICE BY THE OTHER." It is undisputed that Mercantile did not provide written notice of its intent to close the accounts and terminate the Merchant Agreement. Western argues that the district court should have inferred from this fact that the accounts were not closed in January 1989. However, the parties agree that the accounts were not actually closed until June and December 1989. Further, the district court could not reasonably infer from a lack of written notice that Galleria did not freeze the accounts and ultimately force Western to replace the accounts at another bank. Western's argument is not persuasive.
Third, Western contends a material issue of fact existed concerning whether Galleria breached Credit Systems, Inc.'s (CSI) rules and regulations. Western was unable to obtain a copy of the CSI rules and regulations prior to the entry of summary judgment. Western contends the district court acted prematurely and should have allowed Western to procure the CSI rules and regulations.
When opposing a motion for summary judgment, the adverse party must come forward with evidence to establish a dispute as to a material fact. Mitzner v. State Dept. of SRS, 257 Kan. at 260; see K.S.A. 60-256(e). Western did not produce the CSI rules and regulations which it claimed Galleria violated. The only evidence Western produced is Heard's affidavit stating that he was attempting to obtain a copy of the CSI rules and regulations. This evidence is not sufficient to establish a dispute of material fact so as to preclude summary judgment.
Finally, Western argues that a material factual issue existed regarding Galleria's actions in keeping the reserve account open. Western points out that Galleria continued to process customer charge-backs, charge service fees, award interest, and provide monthly statements. However, Mercantile does not controvert these facts. Western asks the court to infer from Galleria's actions that Galleria was still performing the contract after July 26, 1989. This issue does not present a question of material fact. Further, even though Galleria continued to perform some of its contractual obligations, Galleria breached the Merchant Agreement by freezing the accounts in early 1989. As previously discussed, Western could have maintained an action based on Galleria's actions in freezing the accounts, and the continued performance of other contractual obligations does not toll the statute of limitations. Cf. Edward Kraemer & Sons, Inc. v. City of Overland Park, 19 Kan. App. 2d at 1092-93. Western's argument fails.
The district court did not err in granting summary judgment.