text:
Knots and Splices
"Knots and splices include all the various methods of tying, fastening, and joining ropes or cords. Generally, the requirements of a useful knot may be stated to be that it should neither 'slip' nor 'jam'– I. e. that, while it holds without danger of slipping while the strain is on it, when slackened it should be easily untied again. Of the methods for uniting the ends of two cords the simplest and one of the most secure is the common reef knot (11), which must be carefully distinguished from the granny (12), which will jam it it does not slip; the reef knot will do neither."—(Charles Leonard-Stuart, 1911)
anchor bend, becket hitch, blackwall hitch, bowline bend, Carrick bend, clove hitch, cord, eye splice, figure 8 knot, fisherman's knot, fishermans knot, half hitches, half-hitch, Knot, knots, long splice, reef knot, Rope, running bowline, running loop, sheep shank, Sheepshank, short splice, slip knot, splice, splices, standing bowline, timber hitch, weaver's knot, weavers knot
Everybody's Cyclopedia (New York, NY: Syndicate Publishing Company, 1912)


text:
Monday, February 27, 2006
Salesforce.com publishing real-time system status
Reacting to complaints about service outages, Salesforce.com has set up a new website, trust.salesforce.com, that reports real-time system availability for each instance of its systems worldwide.
The site reports historical information for the past month. For example, in North America, on February 16, the status reads,Time: 6:28pm PSTAlthough not a substitute for maintaining expected service levels, broadcasting the current system availability can go a long way toward satisfying customer demands for information. Salesforce.com's move to make this information publicly available, even to non-subscribers, is to be applauded, and I believe this sets a precedent for other on-demand providers. If on-demand computing is to take hold, this level of transparency is needed.
Category: Service Disruption
Detail: The NA1 system experienced a disruption in service due to the failure of a hardware server in our cluster. a manual restart restored availability.
Root Cause: At 6:28pm PST, a primary hardware server in our cluster failed and one of our North American (NA1) servers did not automatically recover. This required a manual restart of the NA1 database, which completed at 7:30pm PST.
Related posts
Yet more outages at Salesforce.com
Another service outage at Salesforce.com
Salesforce.com's credibility suffering from service outagesby Frank Scavo, 2/27/2006 08:42:00 AM | permalink | e-mail this!
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Sunday, February 19, 2006
How to cost-justify an IT investment
I'll be speaking on the subject, "How to Cost-Justify an IT Investment," at AFCOM's spring Data Center World conference in March. The presentation will explain how IT managers can use the concept of economic value added (EVA) to build the business case for IT infrastructure and data center investments.
Business executives aren't writing any blank checks to IT these days. Therefore, data center managers and other IT executives need to be able to present the cost and benefits for each IT project in terms that executives outside of IT can appreciate.
Too often an IT manager will present a new project in terms of why it is important. But, every project is important to somebody. With limits on funding, business executives think in terms of which project delivers more value to the organization.
For example, it may be obvious to the IT group that server upgrades are necessary. But when the request gets to the executive committee, it is competing with a new plant in Idaho, or a new warehouse in Buffalo, which are also important. So the IT group needs to find a way to show that those server upgrades either make money or save money. It's not always easy.
Part of the presentation will focus on application of economic value added (EVA) as a tool for IT investment analysis.
AFCOM's Data Center World conference is being held March 19-23, 2006, at the Georgia Word Congress Center in Atlanta, Georgia. To request a free conference brochure or to register for the conference, visit AFCOM's website at www.afcom.com
About AFCOM
AFCOM is the premier association representing the needs of enterprise and Internet data center executives and vendors around the globe. Established in 1981, AFCOM has become a forum for data center professionals, where they can share best practices and disseminate education on key management issues through the media, trade shows and conferences. The Data Center Institute--AFCOM's think-tank--provides the industry's most comprehensive insight and analysis on key issues affecting all data-intensive organizations. The association's members include data center managers, CIOs and other IS professionals from Fortune 1000 companies.
Related posts
Using Economic Value Added (EVA) to justify IT investmentsby Frank Scavo, 2/19/2006 08:07:00 PM | permalink | e-mail this!
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Friday, February 17, 2006
IT security: large firms lag behind
At Computer Economics, we've just released our new IT Security Study. There are some interesting results regarding who's leading and who's lagging when it comes to IT security.
By nearly every measure, large firms lag behind mid-size organizations in IT security spending, staffing, technology, and management best practices.
According to our recently released 2006 IT Security Study: The Current State of IT Security Budgets, Management Practices, and Security Incidents, companies with over $750 million in annual revenues lag behind mid-size firms in relative spending for IT security, adoption rates for security technologies, and deployment of best practices for IT security management.
In addition, many companies of all sizes fail to implement a number of basic security management best practices. For example, 65% of all organizations do not provide periodic IT security training for their employees, and 67% do not conduct periodic software audits of desktop computers to ensure that unauthorized programs or content are not present. A number of other statistics from the study confirm this finding.
The study also found that, in spite of these deficiencies, most companies are not authorizing more money for IT security. The median company in our study had zero increase in IT security spending last year, and the budget increases that did occur were mainly among small and mid-size firms.
IT security may be a hot topic, but that doesn't mean that management is willing to spend more money on it.
The budget squeeze is most evident among small firms and large firms, where roughly half of the respondents said that their security budgets are not adequate to provide the level of IT security needed. In mid-size firms, only about a fifth of the respondents felt that way.
The study, based on a survey of North American IT security managers, analyzes information security spending, staffing, incidents, the rate of technology adoption, and the deployment of security best practices for large, medium, and small organizations.
The full IT Security Study, of 186 pages with over 150 charts, is available for instant online purchase from the Computer Economics website. An executive summary with key findings and trends is also available.by Frank Scavo, 2/17/2006 09:54:00 AM | permalink | e-mail this!
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Wednesday, February 01, 2006
NetSuite scoops Microsoft resellers
A strong reseller channel is a key success factor for selling enterprise systems to the small and midsize business market. As I've noted in the past, the population of such resellers is limited, and its not easy to build a reseller organization from scratch. The reseller has to make a significant investment in hiring experienced salespeople and implementation consultants, then they must be trained specifically in the vendor's product. Sales cycles are long, and implementation projects can be risky, stretching out collections.
So, the easiest way for a vendor to build the reseller channel is to steal resellers from another vendor. This has been going on for years.
According to the Channel Insider, the latest example is Netsuite, an ERP on-demand vendor that appears to have picked up five former resellers of Microsoft Dynamics (formerly, Microsoft Business Solutions, MBS). The five are Altico Advisors (Marlboro, MA), Roux Business Systems (Baton Rouge, LA), VAR2 (Beaverton, OR), Premier Computing Technologies (Salt Lake City, UT), and Nolan Computers (UK).
The need for resellers is so important, that NetSuite, like other vendors, offers incentives to jump ship.The NetSuite program offers Microsoft Dynamics VARs selling products such as Great Plains, Solomon, Navision, and CRM a 35 percent margin, a 50 percent discount on NetSuite for internal use, and free sales training for up to five people if they switch to its hosted ERP (enterprise resource planning) solution.Not that Microsoft isn't also trying to poach resellers from other vendors.Microsoft has announced its own program to grab Sage resellers for its Dynamics family. VARs selling Peachtree will receive a $200-per-seat discount up to $1,000 on Great Plains, Navision and Solomon products. VARs selling MAS90, MAS200, MAS500 can receive a $500-per-seat discount, up to a maximum of $10,000, on Dynamics Professional version.eWeek has the story.
Related posts
Reorg highlights troubles at Microsoft Business Solutions
Microsoft Business Solutions is setting the stage for big-time channel conflict among resellers
Oracle reassures JDE resellers
Oracle's new reseller strategy and speculation on the future of JDEby Frank Scavo, 2/01/2006 11:09:00 AM | permalink | e-mail this!
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subset: commoncrawl


text: Did anyone catch the Herm-Carl press conference? What did u think of it?..i think chiefs might have a shot at the playoffs, if they have Damon Huard. And in the press conference when Herm ask the reporter what was his name. he said it was Damon, herm said damon is a good name. I really think Herm is putting Damon if he re-signs with kc as starting QB..What do u guys think? And i hope they get some guys in the draft.


text:
Note: Item is typically in stock. If it is not in stock, please allow up to 2-3 months for manufacturing. Our customer service department will be glad to help you with any inquiries regarding manufacturing times. Call 800-856-2638.
With this exceptional piece you will find the ultimate path to creating surroundings of beauty and distinction for years to come.
The Randolph Rose Collection is the premier source for the finest Bronze Sculptures, Fountains and Statues for the home, garden and public spaces.
Since 1972, Randolph Rose Collection has placed their Bronze Statues throughout the world at the finest homes, gardens and public spaces. Whether it's a spectacular Timeless Children Statue, Life-Size Bronze Animal or a Classic Bronze Fountain and Urn, be assured that you have come to the leader in bronze art for residential and commercial applications.
About The Randolph Rose Collection:
The Randolph Rose Collection is a family owned and operated company that specializes in handmade bronze garden sculpture, statues, fountains and accessories for home, garden and public spaces.
Randolph Rose Collection has placed their works of art at libraries, municipalities, schools, parks, recreation facilities, art galleries, retailers, builders, designers, landscape architects, golf facilities, charitable organizations and private home owners.
Their collection of Lost-Wax Cast Bronze Sculptures include Life-Size:
Patina & Finish: Each Randolph Rose sculpture will have some variation in color. The patinas are hand applied which not only enhances the beauty, but also makes each sculpture unique in appearance.
Care & Maintenance
To Clean:
To Maintain:
Lost Wax Casting
All Randolph Rose Collection Bronze Sculptures are designed and made by the "Lost Wax" Casting Method. Bronze art casting using the ancient "lost wax process" has been around for thousands of years. This labor intensive process takes several weeks from start to finish. Bronze is an alloy. It is a mixture of 95% copper, plus small amounts of tin, zinc, and silicon. The following includes a description of the procedure:
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Whether you are a professional, amateur or a fan, OnlineSports.com has one of the largest collections of sporting goods, sports equipment, accessories for various sports and outdoor activities and all that you require to pursue your passion for your particular sport. Check out some of the other great products similar to '"Golf Pro" Bronze Garden Statue - 74" High' at the following related categories:
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|Approx. 74" High
|Lead Time Text
|Leaves the warehouse within 5 - 9 business days. NOTE: This item is shipped via Freight Delivery. It is NOT available for Expedite shipping.


text:
From downtown Tallahassee (Monroe St):
Head north on S Monroe St. Take a slight right onto Thomasville Rd and immediately turn right onto N Calhoun St. We will be on your left.
From downtown Tallahassee (N Gadsden St):
Head east on Tennessee St. Turn left on N Gadsden St for approximately 4.5 blocks. Turn left after the Frog Realty sign and drive through the parking lot (we are the building directly in front).
From I-10:
Take Exit 203 for Thomasville Rd. Turn south onto Thomasville Road. Travel about 4 miles down Thomasville towards downtown. Take a slight left onto Calhoun St. We will be on your left.
From North Monroe St:
Travelling south on Monroe St, towards downtown, take a left on 3rd Ave, take your next right onto Thomasville and a slight left onto Calhoun St. We will be on your left.
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text:
If you are dumbfounded by the amount of money the federal government is pouring into the private sector to ease the nation's financial crisis, it's worth a look at how much Uncle Sam has spent on other major projects and historic events in the past, such as wars, bailouts and engineering marvels.
Thus far, only one item surpasses the $700 billion allocated to the government's main rescue fund, what's known as the Treasury Dept.'s TARP program. Other expenses and/or commitments, from Federal Reserve lending and guarantees to FDIC insurance fund losses to complex financial market mechanism, put the total cost at some $3.8 trillion (as of Oct. 23). Click ahead for a big-budget ride through time.


text:
Authorities have seized equipment reportedly used by a pirate radio station in Brockton that interfered with air traffic communications in the Boston area while playing Haitian music, according to officials and records in federal court.
The equipment was confiscated by the US Marshals Service, which executed a warrant March 1 at 9 Rutland St., according to a legal filing.
Calls to a number listed for Margareth Pamphile, the woman identified in court papers as a resident of the multifamily home who received prior warnings about the station, were not returned Tuesday.
Pamphile has not been charged with any crimes, and it was not immediately clear if she or anyone else will be subject to a fine. Fines in similar cases start at $10,000 and run as high as $25,000, officials said.
According to an affidavit filed in January by Emmanuel Domkam, an electronics engineer with the Federal Communications Commission, officials began investigating the unlicensed station, broadcasting on 91.7 FM in Brockton, in February 2010.
The station's transmitter has moved three times since then before it ended up on Rutland Street, Domkam wrote.
"Each time, the move occurred after we issued/posted a written warning at the transmitter location," he wrote.
Investigators traced the transmitter to Rutland Street after the Federal Aviation Administration reported in October that a possible unlicensed station, later identified as 91.7, was interfering with a frequency it uses to speak with pilots flying in the Boston area, the affidavit stated.
Despite repeated warnings issued to Pamphile, her nephew, Gregory Pamphile, and other residents at 9 Rutland, the station continued to broadcast from there, and a judge signed off in January on a warrant to seize the radio equipment, records show.
"Unlicensed broadcasting threatens the integrity of the regulatory structure established by [federal law] to prevent chaos in the radio spectrum," Domkam wrote.
Officials at several agencies could not say Tuesday whether the reported interference to air communications had caused any serious problems at Logan International Airport or elsewhere.
The FCC said on Tuesday the investigation was a top priority because such interference could be dangerous.
It is an issue that has come up in Brockton before. In 2007, a pirate radio broadcast was cited by federal authorities for interfering with traffic control airwaves at Logan, the Globe reported the following year. The equipment was seized.
While officials located the equipment used to broadcast on 91.7 in the current case, much about the programming remains a mystery, according to Domkam.
"We do not know the location of the studio where the station's programming is produced, and we have not been able to determine the individual responsible for the station's operation," he wrote in the affidavit. In effect, authorities do not know the studio's location but they do know that its content was being broadcast from 9 Rutland St.
The Enforcement Bureau of the FCC shut down 96 pirate operations across the country in fiscal 2012, a spokesman said. In a posting on its website, the FCC said "the operation of these unlicensed broadcast stations can cause interference to other licensed broadcasters, nonbroadcast services, and in some circumstances can even endanger public safety."Travis Andersen can be reached at firstname.lastname@example.com. Follow him on Twitter @TAGlobe.


text: Robin Chell Design is an award-winning, full-service interior design firm based in Seattle. Founded in 2002 by Robin Chell, the firm specializes in residential, multifamily and commercial interior design. With a sustainable and comprehensive approach, our company has built itself on strong relationships with clients, architects and vendors, and has garnered a reputation for delivering unique, high quality designs that are reflective of the Pacific Northwest.


text:
November 08, 2007
LOS ANGELES - A team of UCLA Anderson students recently took second place in the >play Berkeley Digital Media Conference second annual case competition. The event was jointly sponsored by Berkeley's Haas School of Business and Hewlett Packard.
The team from the Sloan School of Management (Massachusetts Institute of Technology) earned the top prize. Other participating schools included the Marshall School of Business (University of Southern California), the University of Chicago Graduate School of Business, the Stanford Graduate School of Business, Columbia Business School, the Stern School of Business (New York University), the Ross School of Business (University of Michigan), the McCombs Schools of Business (University of Texas at Austin) and host school Haas. Participation in the competition was by invitation only. MIT's team earned at $10,000 prize, while Anderson's team received $5,000.
Anderson's team consisted of three members of the class of 2008, Akilesh Sridharan, Josh Rapport and Edward Rhodes. Gita Venkata, class of 2009, rounded out the squad.
According to Sridharan and Rhodes, the team was presented with the competition case at noon on a Thursday, with final presentation due for the judges - a panel of HP executives - by noon Friday. "We worked straight through," Rhodes said, the team breaking only for a few hours sleep and, "to watch the Red Sox game."
Due to contest regulations, details of the case are not available. Rhodes was able to reveal that it was a "digital media case involving gaming."


text:
Hugin Compiling FreeBSD
Hugin is part of the FreeBSD ports collection. Using the ports collection (and contributing fixes to it) is the recommended way to install Hugin on FreeBSD.
Install with the port
# su # cd /usr/ports/graphics/hugin # make # make install
Update the port
Below is newbie's work in progress. Following these instructions may corrupt your FreeBSD system or worse. Don't do that until the experts confirm that the newbie has done things rights.
to track closely Hugin's releases, after each new release edit the following files in the ports collection:
1. edit distinfo to point to the right tarball. You will need to edit the name in parenthesis, to calculate and edit the md5 and sha256 hashes, to edit the filesize.
2. edit the Makefile.
- edit PORTVERSION and PORTREVISION
- add/update build dependencies to LIB_DEPENDS=
- add/update runtime dependencies to RUN_DEPENDS=
- add/update Cmake building arguments to CMAKE_ARGS=
- if you're not sure about something that need to be done, ask the experts.
3. edit the pkg-plist list of installed files
4. probably not necessary: edit the pkg-descr description of Hugin.
make a diff and submit it to the FreeBSD experts.


text:
Choose Showtime to Buy Tickets
ABQ Trolley X: Best of ABQ City Tour
The best first thing to do in Albuquerque
#1 on TripAdvisor
AT&SF at Hotel Albuquerque
800 Rio Grande Blvd NW
Albuquerque NM 87104
View Website |
Other Events at At&sf At Hotel Albuquerque
All Event Showtimes
X-plore Albuquerque with ABQ Trolley X. Enjoy our Best of ABQ City Tour in a luxury, climate controlled, 14-passenger Mercedes van. This premium tour X-perience includes 105 minutes of NM's most X-citing city. Riders will explore the many palate-pleasing uses of red and green chile, practice the thundering call of the University of New Mexico Lobo, discover film locations of major motion pictures and television (including Breaking Bad), and even see a beach in the desert, a castle and more! Featured attractions on the Best of ABQ City Tour include the Indian Pueblo Cultural Center, Country Club Plaza, ABQ BioPark, Route 66, National Hispanic Cultural Center, Downtown ABQ, University of New Mexico, Nob Hill, Tingley Beach, and more. Read what other riders have to say on TripAdvisor.com.
All ABQ Trolley Co. customers enjoy special offers from AT&SF's community partners throughout the city! Refer to our "AT&SF All Stars" brochure for a full list of partners and discounts. You will receive a copy of this brochure when you participate in any of our tours, making you eligible to receive All Star discounts. Consider yourself an Albuquerque VIP!


text:
Back to Main Page / Back to List of Rules
Rule 87. Hearing on Plea (1947)
Upon the filing of such controverting plea the judge or justice of the peace shall note on same a time for a hearing on the plea of privilege. Setting of the date for such hearing and the notation thereof may be made by such judge or justice of the peace anywhere he may be found, either within or without the county where the suit is pending. Such hearing, unless the parties agree upon the date, shall not be had until a copy of such controverting plea, including a copy of such notation thereon, shall have been mailed by registered mail to the defendant or his attorney at the post office address stated in such plea of privilege, or shall have been delivered to defendant or his attorney, at least ten days before the date set for hearing, after which the court shall promptly hear such plea of privilege and enter judgment thereon. If the defendant demands a trial by jury on the venue question, the court, in its discretion, may require the cause to be tried on its merits at the same time.
Amended by order of Aug. 18, 1947, eff. Dec. 31, 1947 : The sentence commencing "If the defendant" and ending "at the same time" has been added.
|Prior Amendments
|Future Amendments
|Oct. 29, 1940, eff. Sept. 1, 1941
|June 15, 1983, eff. Sept. 1, 1983
|Sept. 20, 1941, eff. Dec. 31, 1941
|July 15, 1987, eff. Jan. 1, 1988
|June 16, 1943, eff. Dec. 31, 1943
|April 24, 1990, eff. Sept. 1, 1990
(No. 43) Question: Are Articles 4662 and 2008 repealed? If so does an appeal lie in temporary injunctions and pleas of privilege?
Answer: It is the opinion of the subcommittee that those portions of Articles 4662 and 2008 which authorize appeals in the specified situations were not repealed by the adoption of the new rules. Accordingly, an appeal will lie from an order granting or refusing a temporary injunction or from an order sustaining or overruling a plea of privilege.
This conclusion is based upon the fact that said portions of the articles are jurisdictional and not procedural. It will be noted that Rule 816 expressly provides that the new rules shall not be construed so as to extend or limit the jurisdiction of any courts. Furthermore the enumeration of repealed statutes indicates that the aforesaid articles were not repealed in their entirety; and in the note following Rule 384 it will be seen that those portions of Articles 2008 and 4662 which authorize appeals are carried for context so as to indicate that said portions of the articles were not repealed; and in the note following Rule 87 it is expressly stipulated that the portion of Article 2008 authorizing appeals is not repealed.
5 Tex. B.J. 287 (1942) reprinted in 8 Tex. B.J. 20 (1945).
(No. 48) Question: Is a plea of privilege wherein the defendant fails to "state ... the post office address of himself or his attorney" as required by Rules 86 and527, sufficient to require a controverting affidavit, in view of the provisions of Rule 87 providing that "such … hearing shall not be had until a copy of such controverting plea ... shall have been mailed by registered mail to the defendant o r his attorney at the post office address stated in such plea of privilege at least 10 days before the date set for the hearing"?
Answer: In our opinion the question should be answered in the affirmative, provided the plea of privilege states the county of the defendant's residence and has all the other requisites prescribed by Rule 86 and merely fails to state the post office address of the defendant or his attorney.
The provision of the rule which requires the plea of privilege to state the post office address of the defendant or his attorney does not relate to the sufficiency of the plea as to venue, but was merely inserted in order to facilitate the delivery to the defendant of the controverting affidavit. Therefore the failure to give such post office address might tend to excuse the plaintiff's failure to mail his controverting affidavit to the defendant, but it would not constitute such a fatal defect in the plea of privilege as to eliminate the necessity of the plaintiff's filing a controverting affidavit.
5 Tex. B.J. 287 (1942) reprinted in 8 Tex. B.J. 20 (1945).
(No. 58) Question: What is the effect of the repeal of Article 2013 on Rule 87 pertaining to a hearing on a plea of privilege? Is it necessary to have the hearing upon the date noted by the judge on the controverting plea in the absence of an agreement to the contrary? After the judge notes the date for the hearing, can it be reset without a formal order if the parties agree upon another date?
Answer: It is the opinion of the subcommittee that the repeal of Article 2013 has the effect of doing away with the previous rule that a plea of privilege is waived if not heard at the term of court at which it is filed. The decisions based upon Article 2013 are no longer applicable.
Under the new rules, if there is no agreement to the contrary, a plea of privilege should be determined before the trial of the case upon its merits (Rule 175). Furthermore, under Rule 87 the court should "promptly" hear the plea; but this general term is directory and does not affect the validity of a delayed hearing.
The hearing on the plea can be had (1) upon the date noted by the judge on the controverting plea, or (2) upon any subsequent date to which the judge may postpone the hearing, or (3) upon any date agreed to by all parties subject to the approval of the judge. In our opinion a separate order approving a postponement is not absolutely essential to the validity of a postponed hearing, but it is certainly the better practice to have any postponement or agreement of the parties shown of record either in a separate order or in the order disposing of the plea.
5 Tex. B.J. 322 (1942) reprinted in 8 Tex. B.J. 23 (1945).
(No. 60) Question: At term time the court noted on the controverting plea a date for hearing on the plea of privilege which would fall in vacation, although the business of the court would have permitted a hearing in term time. On the date fixed for the hearing the defendant did not appear. There was no agreement between the parties and the court made no order with respect to the matter. (1) Did the plaintiff waive his right to contest the plea of privilege by not securing the disposition of the issue at term time? (2) Did the court lose jurisdiction except to transfer the case to the proper court as was held under Art. 2013 (Norris v. Gulf Prod. Co., 149 S.W.2d 681 (Tex. Civ. App.-Galveston 1941))? (3) What action should the district court take in the case at the next term?
Answer: (1) and (2). The plaintiff did not waive his right to contest the plea of privilege. Art. 2013 was repealed at the time of the adoption of the new rules (Franki's Vernon's Texas Rules of Civil Procedure, page 629), and the decisions based on that article are no longer applicable. While Rule 87 provides that the court should "promptly" hear the plea of privilege the requirement is directory and does not affect the validity of the delayed hearing. The parties not having agreed to a hearing in vacation on the date fixed by the court (Art. 1915), it necessarily was continued to the next term. (3) At the next term, the case will be pending business. The plea of privilege should then be disposed of before the trial upon the merits (Rule 175).
5 Tex. B.J. 322 (1942) reprinted in 8 Tex. B.J. 24 (1945).
(No. 50) Question: Does the plaintiff show good cause in not filing his controverting affidavit within the ten days period (Rules 86 and 87) by proving that defendant failed to furnish him with a copy of the plea of privilege (Rules 72 and 73)? The question is stated in another form: After filing suit can the plaintiff disregard it until he is furnished with a copy of the plea of privilege?
Answer: Rule 72 providing for delivery or mailing to the adverse party or, his attorney of record of any pleading, plea, or motion "which is not by law or by these rules required to be served upon the adverse party" is a wholesome rule and ought to be, and we think will be, readily complied with by the attorneys because of its mutual advantage to them. Nevertheless, the Committee thinks that the Rule is directory and failure to deliver to the plaintiff a copy of the plea of privilege does not dispense with the necessity of the plaintiff's filing a controverting plea; but it may constitute grounds for an extension of the time within which plaintiff should file the controverting plea. Although attorneys have a duty to keep in touch with the developments in their cases, the extent to which they should inspect the records is naturally affected to some extent by Rule 72 requiring the delivery to them by their adversaries of copies of all pleadings, pleas or motions filed in the case.
Under Rule 5, which permits the enlargement of the time within which a specified act is required or allowed to be done, and the liberal construction required by Rule 1 to be given to all the rules in order to adjudicate "the rights of litigants under established principles of substantive law," a wide discretion is vested in the courts in dealing with questions of the character raised in your inquiry. We are of opinion that the courts have the power, upon consideration of all the facts and circumstances, and in the interest of justice, to permit a controverting affidavit to be filed after the expiration of ten days from appearance day upon compliance by the plaintiff with the provisions of Rule 5. When requests for enlargement are applied for under this Rule each case, must necessarily be determined by the court upon its own facts in accordance with the right of the case.
Ordinarily, where the plaintiff and his attorney have no notice or knowledge of the fact that a plea of privilege has been filed, and the defendant has failed to deliver a copy thereof as required by Rule 72, we would be inclined to feel that this would constitute good cause under Rule 5 for granting of an extension of time for the filing of a controverting plea. This would not render nugatory and void that part of Rule 86 quoted in correspondent's letter, as the filing of a controverting plea would still be a prerequisite to the overruling of a proper plea of privilege. It would merely have a bearing upon the time within which the controverting plea could be filed.
5 Tex. B.J. 426 (1942) reprinted in 8 Tex. B.J. 24 (1945).
(No. 73) Question: Where the time within which a defendant must answer falls in vacation, and the defendant accordingly files a plea of privilege in vacation, does Rule 87 give the plaintiff ten days after appearance day within which to file a controverting plea, or does the plaintiff merely have ten days after the day on which the defendant was required to plea?
Answer: It is the opinion of the subcommittee that under the express terms of Rule 87 the plaintiff has ten days after "appearance day" within which he may file a controverting plea. Appearance day is the first day of' the next term when the day upon which the citation directs the defendant to answer falls in vacation (Rule 237).
Under the statute, before the adoption of the Rules, it was held that even though the defendant filed his plea of privilege before appearance day, the plaintiff still had the stipulated time after appearance day within which to file a controverting plea, and the same is true under the rules.
We feel that in Rule 87 the statutory provision giving the plaintiff a stipulated period after appearance day within which he can file a controverting plea was intentionally retained.
If the citation requires the defendant to answer upon a day that falls in term time, then that day is appearance day (Rule 237), and Rule 87 allows ten days thereafter for the filing of a controverting plea. If, on the other hand, the citation requires the defendant to answer upon a day in vacation, then appearance day is the first day of the next term, and the plaintiff accordingly has ten days from the first day of the term within which to file a controverting plea.
5 Tex. B.J. 465 (1942) reprinted in 8 Tex. B.J. 29 (1945).
(No. 98) Question: In regard to Rule 87 concerning the notice to be given after the filing of a controverting plea: (1) Did the rule appeal the former statute, Article 2008; (2) Does the rule require service of notice upon each defendant in the case; (3) Is notice required only as to the defendant filing the plea of privilege?
Answer: In our opinion the first question should be answered in the affirmative, that is that Article 2008 has been repealed except for the portion of the article providing that "Either party may appeal from the judgment sustaining or overruling the plea of privilege." Said quoted part of the statute was considered jurisdictional and it was not repealed when the new rules were enacted, and said unrepealed portion is set out for context only following Rule 384. The remaining portion of Article 2008 was repealed and supplanted by Rule 87, and also partly by Rule 385. See list of repealed statutes enumerated in the Supreme Court order and published at the close of the rules in the Bar Journal.
In response to the second and third questions, it is the opinion of the sub-committee under Rule 87 that formal notice by mailing by registered mail of a copy of the controverting plea together with the judge's notation thereon is only required to be given to the defendant or defendants filing the plea of privilege. This conclusion is reached because the provisions of the former statute which required service "on each defendant" were changed by the rule so as to require the mailing of the notice to "the defendant ... at the post office address stated in such plea of privilege."
Although we feel that the formal notice required in the rule need only be given to the defendant filing the plea of privilege, nevertheless it is obvious that the other defendants in the case can be affected by the disposition of the plea of privilege, and therefore we feel that they should be advised of the date upon which the hearing will be had so that they may be present if they so desire at the time of the hearing. This is not because of any express provision in the rule, but merely because every party to a suit should be advised of the time that the court is going to hear a motion or take up any other matter in the case that might affect his interests.
While the subject is not directly within the questions, we feel that we should call attention to the fact that by amendment effective December 31, next, the method of service has been extended to include a mere delivery to the defendant or his attorney of the controverting plea with the notation thereon of date of hearing. In other words, service may be had by manual delivery of the controverting plea as well as by registered mail.
6 Tex. B.J. 276 (1943) reprinted in 8 Tex. B.J. 35 (1945).
(No. 117) Question: Does the repeal of Article 2013 without carrying this article forward in the new rules dispense with the requirement that dilatory pleas must be determined during the term at which they are filed if the business of the court will permit; and does the plaintiff waive his right to contest a plea of privilege if he fails to have the court pass upon the plea at the term at which it is filed or have it continued without prejudice?
Answer: An opinion heretofore given by the subcommittee relates to this same matter. See 5 Tex. B.J. 53. Our views as expressed in that opinion also apply to pleas of privilege. There is now no rule or statute requiring the trial court to pass upon a plea of privilege during the term at which it is filed, and therefore it is our opinion that the decisions are no longer applicable which held that a plaintiff waives his right to have the court pass upon the plea of privilege if he does not have it heard during the first term of court or have it continued without prejudice.
We call attention, however, to the fact that Rule 87 provides that when the controverting affidavit is filed the trial judge should note thereon the date set for the hearing of the plea of privilege, and if the hearing is not held upon the specified date it is certainly better practice to have an order entered showing the reason for the postponement. Furthermore, Rule 87 enjoins upon the court the duty to "promptly hear" the plea of privilege, and we are not undertaking to express an opinion as to the effect of an unreasonable delay. We merely voice the opinion that the expiration of the term as an absolute limitation upon the time for holding the hearing no longer exists.
7 Tex. B.J. 45 (1944) reprinted in 8 Tex. B.J. 43 (1945).


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Rubens Barrichello lashed out after Brawn strategy cost him more points in German Grand Prix (12 July 2009).
I missed this while in Italy or wherever I was, but it's brilliant. I don't know if Barrichello was in the right or wrong, but - FINALLY - an F1 driver sticks it to his team and doesn't tow the party-line in the post-race interview.
Rubens Barrichello slammed his Brawn team after falling from first to sixth during the German Grand Prix:
"There was a great show from the team today of how to lose a race. I did all I could today, I got first at the first corner, and they made me lose the race."
He added:
"If we keep going like this we're going to lose both championships. To be very honest with you I wish I could get on a plane and just go home, because when I go to the team afterward there will be a lot of 'blah, blah, blah' and I don't want to hear that right now."
Monday, August 03, 2009
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Feb 13, 2013
The men's basketball game between CCSU and Quinnipiac that was postponed due to Winter Storm Nemo has been rescheduled for Monday night, Feb. 25, at 7 p.m. in Detrick Gym.
Tickets pre-purchased for the original game date of Feb. 9 will be honored on the 25th.
The game will be streamed live and for free on www.NECFrontRow.com.


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Since I Listen to ESPN Seattle podcasts religiously at work, I thought i'd take a look at the other side of the fence.
Basis4day wrote:I like an outsiders' perspective on our team.
StaffAmerica74 wrote:Sounded like kjr after the miami loss.... They act like wilson is supposed to just suck, just because hes a rookie.
Return to [ THE OFFICIAL NET NATION FAN FORUM ]


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Nashville, TN - Things to do
We are Music City and with the name comes every type of genre to play. Looking to rock the night away, check out our music scene and nightlife. Trying to fill the belly with some groovy cuisine, explore our food scene. Be inspired by our attractions, arts, and history. Channel your inner fandom at a live sporting event. Find the latest trend by shopping our boutiques, malls, and shopping districts. Or get down with the kiddos at our hotspots where family fun never sounded so good.
PS - For those looking to experience Nashville without breaking the bank, check out: How to Experience Nashville on a Budget.


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Balanced attack helps Angels defeat Red Sox
Boston, MA – Mike Trout went 3-for-5 with an RBI and two runs scored as the LA Angels of Anaheim took a 9-5 win in the opener of a day/night doubleheader with the Boston Red Sox.
Mark Trumbo drove in two runs as did Erick Aybar, while Howie Kendrick added two hits and two runs scored for the Angels, who had lost five of six coming in.
Tommy Hanson (3-2) benefited from the run support as he gave up two runs on seven hits with four walks and four strikeouts over five innings to pick up his first win since April 19.
Mike Carp went 3-for-5 with a solo home run, two RBI and two runs scored while Stephen Drew also drove in two for the Red Sox, who had won four of five coming in. Felix Doubront (4-3) gave up three runs on six hits over six innings to take the loss.
Friday's series-opener was rained out, prompting Saturday's doubleheader.
Each team wasted a scoring opportunity in the first. Josh Hamilton doubled with one out in the top of the inning, but was left stranded when Albert Pujols lined out to first and Trumbo grounded out. The Red Sox had runners on second and third with one out in the bottom of the frame, but David Ortiz fanned and Mike Napoli grounded to third.
The Angels took a 1-0 lead in the second after Kendrick led off with a single, took second on a grounder to first and scored on a two-out single into left by Aybar.
Trout led off the third with a double high off the Green Monster and Hamilton drew a walk. The runners then pulled off a double steal and Trout scored on Pujols' sacrifice fly to deep center. Hamilton advanced to third on the play and scored when Trumbo grounded out for a 3-0 lead.
Carp led off the fourth with his fifth homer of the year and Jacoby Ellsbury later worked a two-out walk before stealing second. Daniel Nava then laced a single to center to plate Ellsbury to make it a 3-2 game.
The Angels, though, took over in the seventh with Franklin Morales on the mound. With one out, Trout doubled and Pujols was issued a free pass in between Hamilton's fly out to center. Trumbo chased home Trout with a double before walks to Kendrick and Alberto Callaspo forced in a run. Chris Iannetta then drew the fourth walk of the inning to plate another run, and Aybar later singled in another run for a 7-2 lead.
The Angels scored another run on a bases loaded walk to Trout in the ninth, and Hamilton followed with an infield single for a 9-2 advantage.
Boston put together five straight two-out hits in the ninth, with Carp chasing home one and Drew bringing in two with a double to make it a 9-5 game.
Ernesto Frieri, though, struck out Ellsbury to end the game and pick up his 14th save of the season.
Game Notes
There were 26 hits and 13 walks in the game ... Game time was exactly four hours ... Boston batted 4-for-16 with runners in scoring position and left 14 runners on base, while the Angels stranded 12 after going 3-for-19 with RISP ... The Angels took all six games against Boston last season and have won nine straight in the series.


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Laura Ashley celebrating 60th anniversary with a nod toward the past
As Laura Ashley prepares to celebrate its 60th anniversary later this year, it's attempting to again take the world by storm by honoring its past.
The venerable label is celebrating its heritage while eyeing current trends and planning for the future, said Hope Gough, marketing manager for Laura Ashley Inc., North & South American Headquarters at Fort Mill, S.C.
Keep in mind this is the design house that made head scarves, mother-and-daughter outfits and romantic, flowing and feminine dresses all the rage decades ago. Nowadays, a vast array of clothing and home goods bear the Laura Ashley name. Many still have that quintessential, albeit updated, look that seemingly reflects life in the English or French countryside -- a look often featured in such publications as House Beautiful, Brides and Country Living.
"Sophisticated women age 30 and older are Laura Ashley's target customers," said Gough, adding that the company philosophy hasn't changed much over the years and doesn't stray too far from Ashley's inspiration.
The late "Mrs. Ashley was always feminine, and that will always be our style," she said, adding that the company strives to be "classic and timeless ... never too trendy" and affordable.
More InformationFor additional information on all its various lines, visit www.lauraashleyusa.com. In Connecticut, Laura Ashley casual women's clothing is available at Bon-Ton department store, 2300 Dixwell Avenue, Hamden; 203-230-0913.
From the very beginning, classy sophistication has been the Ashley hallmark; the designer's initial fame was triggered in part by the head scarves worn by Audrey Hepburn in the film "Roman Holiday."
As the official story goes: In the autumn of 1953, Laura Ashley, then 28, had toured an exhibition of handcrafted textiles at the Victoria and Albert Museum in London. Feeling motivated, she invested "£10 ... for a screen, dyes and some linen." Then Laura, along with her husband Bernard, began printing designs at their kitchen table. Their first products were small squares in geometric patterns, followed by head scarves. In addition, the couple designed tea towels and placemats "often with quirky and humorous images from Victorian playbills and advertisements."
Orders far outpaced their ability to meet them -- and a design house was launched.The company's worldwide expansion defined the period from the mid-1950s, '60s and '70s.
In 1979, the Ashleys moved to northern France, "where Laura would find new inspiration. The style of new aspirations took on a grander, more country-house look," according to company history.
Laura Asley died in 1985, after "a fall down some stairs while visiting her children." Knighted in 1987, Sir Bernard opened Texplan, the company's textile and wallpaper printing plant. The late 1980s saw the launch of its home collections line.
Reflecting its ideal of coveting the old while embracing the new, the company has reissued its Eau de Perfume No. 1 for its 60th anniversary celebration, but reinvented for 2013 by perfumer Azzi Glasser, using green water stem, violet leaves, cassis and Victorian plum.
"Laura Ashley has evolved a lot, and stayed the same," said Penne Cairoli, president of the North & South American division, laughing. "I've been with the company 25 years, the last two as president. But I started out in Toronto as a shop girl.
"I grew up with Laura Ashley, and I'm here to ensure that we keep to the path" for those who value the company's traditions.
All of the company's 94 stores in the United States and Canada were closed early this century. However, more than 400 shops exist in Europe, the Middle East, Far East, Australia and New Zealand, and there are more than 23,000 retail stores throughout North America. Clothing is available online at www.lauraashleyusa.com.
In Connecticut, Laura Ashley women's clothing is sold at Bon-Ton, 2300 Dixwell Ave., Hamden; 203-230-0913.
firstname.lastname@example.com; http://www.twitter.com/PhyllisASBoros; www.ctpost.com/boros/


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Russell Wilson has had 66 rushing attempts this year. He has 30 of those attempts in the last four games. I personally believe that Russell is getting tired of waiting for plays to develop and he has took it upon himself to take the game over. I have noticed that the Hawks have instituted the handoff, keeper option more.
I know the Bevell topic has been discussed numerous times but I think that the play calling is holding Russell back. The lack of killer instinct our OC shows during games is frustrating as hell. RW had 5 rushes total on the past two drives of the game. It seems like RW has shown that he will win in spite of the play calling. It will be interesting to see if this trend continues.


text: All eyes were on Willie Mays, Hank Aaron, Yogi Berra and the rest of the 40 Hall of Famers who lined Yankee Stadium's infield before Tuesday's All-Star game. But Major League Baseball couldn't resist a little extra eye candy beyond the B-2 stealth bomber fly-by. Singing the national anthem in tight white jeans, a star-spangled halter and stilettos, Sheryl Crow helped warm up the crowd. As the night wore on, Sarah Jessica Parker drew boos before her charitable pitch for cancer. Even Katie Couric appeared more welcome. Dressed in a skintight T-shirt, Bermuda shorts and heels, she made the rounds, occasionally greeting beer-drinking strangers. The Village People, who belted out "YMCA" in between innings, were more recognizable in their signature garb. But what grabbed the attention of Nicole Miller, who caught the game with Bud Konheim and his wife, Colleen, was Joan Jett who rocked out Randall's Island at a pregame feast in pelvic bone-baring, low-waisted jeans and a bikini top. "She looked fantastic," Miller said. Game goers may have thought the same of the designer, who wound up on the Jumbotron in the seventh inning.


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Email More Faster: How SendGrid Applied the 7 Keys to Startup SuccessTim Falls
Recently, David Cohen, co-author of the newly published book Do More Faster, was interviewed by Andrew Warner on Mixergy.com. Throughout their conversation, David and Andrew discussed the seven themes that are covered within the chapters of the book. In this post, we will explore each of these themes in the context of SendGrid.
#1 Idea & Vision
Look for the Pain
SendGrid CEO, Isaac Saldana, contributed to this theme by explaining where he got the idea and how he formed the vision for what has grown into the company that is now SendGrid. The story is pretty straightforward: Isaac felt the pain associated with managing email systems for web applications that send transactional email. After experiencing this pain multiple times within several different organizations and talking to many of his colleagues, Isaac determined that he was not the only one experiencing the problem. Furthermore, he realized that the problem was so significant that there was an opportunity to build an entire company that exists solely to solve this problem for others. And here we are!
#2 People
At SendGrid, we consider ourselves extremely lucky when it comes to the people in our company. We've tripled the size of our team in the last 6-8 months. With that kind of growth, the biggest challenge is hiring the right people. With the help of advisors, mentors, investors and board members, along with some great recruiting (Cory & Kristi), we've built an all-star squad across two states and three countries.
#3 Execution
Since our days in the Bunker, our engineers have continued to build a reliable, full featured (and ever-growing) service. Our sales & marketing and user word of mouth has attracted over 12,000 of the most awesome users imaginable, and we've sent almost four billion emails on their behalf. Our strategy to accomplish all of this: work as fast as we could to scale our software while maintaining maximum stability and performance; sign up as many users as possible as quickly as possible – to push our limits and gain maximum feedback; focus on what we do best: delivering email from your application to your customers' inbox.
#4 Product
Thanks to the feedback of our early users, we've been able to continually improve our service, our site, and our overall product/service offering. And after many months of work, we recently launched SendGrid 2.0.
#5 Fundraising
Our investors are key to our success. We thank them all for helping us get to where we are. The book talks about the investor / startup relationship being something like a marriage – we are happy to be married to such swell folks. It is no mystery that the exposure to the TechStars mentor network and the opportunity to pitch at Investor Day helped immensely in proving the magnitude of the problem we are solving – which is what investors were looking for.
#6 Legal and Structure
Email is a huge part of our everyday lives. For that reason, we take the responsibility of handling our customers' email very seriously. Part of that is making sure we have all our ducks in a row – Jason Haislmaier and HRO help us do exactly that. We've also enlisted the services of Square 1 Bank to handle our banking and Trinet for our human resource needs.
#7 Work & Life Balance
Working in a startup is grueling for all involved – both the employees and their families. A big part of our company culture is focused on making sure that each and every employee is HAPPY. In order to be happy, we have to have balance in life. We promote this internally by doing fun stuff as a team and encouraging time off when it is needed.
We encourage you to watch the video for yourself, especially if you are an aspiring entrepreneur hoping to turn your own idea into a business. Learning from the successes and failures of others is a great way to get ahead and avoid certain pitfalls.
If you would like to further discuss the lessons that we've learned throughout our growth, feel free to leave a comment!
[photo from: mixergy.com]


text: Power Hour: Heartland Land Values Continue to Surge November 2, 2012 09:31 AM Tweet TAGS: Marketing, Overseas December 18, 2014 By Ed Clark Top Producer Business and Issues Editor Email The drought is not dampening farmland values in the Heartland as bankers in the Corn Belt and Northern Plains reported strong year-over-year value gains in the second quarter. In Nebraska and South Dakota, non-irrigated cropland values remained more than 30% above year-ago levels, and robust energy production in North Dakota drove levels up 28%. Year-over-year Iowa values rose 24%, 15% in northern Illinois, and overall in the Eastern Corn Belt, values rose between 10% and 15%. In contrast, a consecutive year of drought in Texas led to values rising just 2.5%. Agricultural bankers in the Kansas City, Dallas and San Francisco Federal Reserve Districts reported stronger gains in irrigated farmland as dry conditions persisted. Many agricultural bankers expected farmland values to hold at current levels through harvest, when more farms would be put up for auction. Farm loan delinquency rates declined further and banks expected loan repayment rates to remain solid as high crop prices compensate for lower yields and crop insurance payments support farm income. Effective interest rates inched lower as more loans were made with floating interest rates. Agricultural banks reported stronger profits as the average return on assets at agricultural banks rose to a four-year high. During the third quarter, short-term lending on operating loans surged as feed and fuel costs soared. According to national farm loan survey data through the first week of August, the volume of short-term operating loans jumped 36% compared to last year, a new survey high. Rising input costs spurred lending to both the livestock and crop sectors as feed costs soared and rising fuel prices increased irrigation and harvest costs. Agricultural bankers reported making more operating loan amounts compared to a year ago, boosting total volumes. In addition, the volume of intermediate-term loans for farm machinery and equipment remained above year-ago levels with solid farm incomes. Drought conditions also spurred short-term lending for feeder livestock. According to loan survey data, the volume of feeder livestock loans reached a two-year high and exceeded 2011 levels by 60%, more than offsetting a drop in other types of livestock loans. Read and watch more Power Hour news, blogs and videos. <hr /> Back to news


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Target said it tried to avoid the job cuts. It suspended salary increases for senior management, tried to boost productivity, reduced new store openings and took other actions to try to cut costs. But consumers are really holding on to their wallets tightly these days. As a result, Target's sales are slipping and it doesn't look like sales will rebound soon for them or most other retailers.
Target spokeswoman Lissa Reitz said 600 employees will lose their jobs at Target's headquarters and 400 unfilled headquarters jobs will be left vacant. Meanwhile, Reitz said 500 jobs will be cut at an Arkansas distribution center.
"This is a sad day for us," Reitz said. "It's a tough economic time. And this is certainly not business as usual."
Target will have about 11,000 employees at its corporate headquarters after the job cuts. arget would not say how the cuts are being distributed by department or function.
But one laid off employee said the cuts are falling primarily on the finance, property development and information technology departments. The former employee asked not to be identified, for fear of jeopardizing ongoing connections to the company. The employee said most workers let go were shocked by their layoff and that some had been with Target for more than 20 years.
Affected headquarters employees will continue to receive their full pay and benefits through April 1. Then, they'll get a severance package based on years of service. Target spokeswoman Reitz said terminated workers will also get help with health care.
"We will provide them with an option to continue their Target health care benefits for 12 months at our team-member rate," Reitz said. "And after that, they'll be eligible for an additional 12 months of Cobra. We're providing outplacement support to help them transition to their next position."
In recent months, Target has experienced weaker-than-expected sales. In the critical month of December, for instance, Target's sales at stores open at least a year fell about 4 percent.
"I don't think this is anything unique to what is going on at Target," said Dave Heupel, an analyst with Thrivent Financial for Lutherans. "It is unfortunately the environment we find ourselves in."
Heupel said retailers don't have any choice but to whack costs -- and employees -- when consumers slash their spending.
"You have a consumer that is not spending and that does not bode well when you have a high fixed cost business like retailers do," Heupel said.
A big problem for both Target and Best Buy is their heavy dependence on products that are not must-haves. Consumers can delay buying Best Buy's consumer electronics. A large portion of Target's sales include fashionable apparel, home furnishings and other things people will do without in hard times. By contrast, retail consultant Howard Davidowitz said most of what Wal-Mart sells consists of groceries and other items people find they can't, or won't, give up.
"The problem with a company like target is that 40 percent of their business is discretionary, which is apparel and home." Davidowitz said. "Fifty percent of Wal-Mart's business is food and consumables."
Davidowitz notes consumers are getting more and more hesitant to spend money on things they don't need, not when they're worried about losing their jobs.
"The consumer is totally underwater, " Davidowitz said "With $14 trillion in debt and an $8 trillion negative wealth effect from housing, a 101(k) instead of a 401(k), decimated in the stock market, exploding unemployment, unable to pay their credit card bills."
Davidowitz forecasts there'll be a lot fewer retailers out there by the end of the year and many survivors will have far fewer stores. He's forecasting that some 240,000 stores will close in the U.S. this year.


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Scotland Resident Chris Miller on Trial for Murder in Infant Son's Death
PARKER - Prosecutors say a South Dakota man on trial in the death of his infant son beat and shook the child, leading to his death. Defense attorneys say the boy was inadvertently suffocated by his mother.
Thirty-nine-year-old Chris Miller, of Scotland, is on trial in Parker on several charges including second-degree murder in the March 2011 death of 4-month-old Jacob Miller. Attorneys on both sides gave their opening statements to the jury Tuesday.
Prosecutor Lisa Rothschadl told jurors that Miller abused his son and that the boy died of injuries that "were not accidental."
Defense attorney Tim Whalen told the jury that Miller's wife, Stacy, rolled over on Jacob while drunk.
Judge Glen Eng has blocked off 10 days for the trial. Miller faces life in prison if convicted of murder.
Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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Puerto Rico's 76-year-old Walter Mercado is a fixture on Univision's popular Spanish-language show "Primer Impacto." If you've never seen his show, I'd spoil the experience for you by describing it. It may be enough for you to know that he has a doctorate in Divinity from the International Philo-Byzantine Academy & University, in 1969 he was inducted as a Universal Teacher in Poona, Bombay, in Tibet and Nepal he holds the title of Chela and Buddhist Bikku, he has been a minister of the California Christian Brotherhood since 1970, and he also has a doctorate in Divine Healing from Tokyo, Japan. On top of all that, Walter is an astrologer. Wow!
It seems that the flamboyant Liberace-costumed astrologer had the right stars aligned this week when a federal jury found that though he improperly broke his contract with his former management companies, he did not have to pay the millions of dollars they sought from him for lost profits and damages. Mercado's astonished attorney said he never had a jury find that a client broke contractual obligations but owed nothing.
Said he:
This is very unique. The jury determined Walter didn't perform in 2006, but they really couldn't prove [the plaintiffs] had sustained any damages.
In the 1990s, Mercado - already a well-known woo-woo celebrity in the Hispanic community - was introduced to agent Guiliermo Bakula by the rock star Prince's promoter. Bakula signed Mercado to a contract to expand his brands of nonsense. Together they formed more than a dozen companies for Mercado "products" such as DVDs, books, radio spots, a 1-900 psychic hotline, and text messages. Then in 2006 Mercado had a dispute with Bakula over compensation, assigned all of his products to his own company, Astromundo, and hired a new agent. In 2007, six entities with names like Waltervision Productions, sued Mercado.
Mercado's lawyer said that the plaintiff companies had asked for about $10 million from his client. The contract only paid Mercado a paltry $32,000 a month and a pro rata share of anything more than $2 million made in the United States and any other country using his name, image and/or voice. The lawyer also pointed out that the 1995 contract was never-ending, so that the astrologer would have to work for these companies forever. Hey, if he can find sense in astrology, Mercado certainly can manage to live forever...!
The complaint against Mercado listed a number of obligations he'd failed to fulfill, such as: taping a commercial for the 1-900 business in Mexico, recording audio horoscopes, writing 2007 predictions for a magazine and Web sites, and taping television horoscopes to be aired on Univision. In return, Mercado countersued for $450,000 he claimed he was owed. After 45 minutes of deep thought on this woo-woo - a minute for every $10,000 - the jury decided that Mercado couldn't ask for damages because he didn't properly terminate his agreement.
The moral of all this? Silly people get involved with other silly people, and the only ones who come out on top are the fake in the glitzy costume and all the lawyers on both sides, who are equally happy...


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Roy had a little exchange with Alyson Footer about his situation:
Oswalt says '12 option won't be deal breaker if approached with a trade offer that suits him. "I'm going to find a way to get it done. I'm not going to go somewhere where it's going to be bad for me. And I don't want to put the Astros in a bad situation."
Footer sums it up:
This isn't rocket science. Desirable team = no option requirement. Undesirable team = option requirement.
I'll let y'all take it from here with the "putting the Astros in a bad situation" quote.
Friday, July 23, 2010
Roy speaks!
Labels: Alyson Footer, Roy Oswalt, Rumors
3 comments:
- Andrew said...
So, for a desirable team he only wants to stay till 2011, for an undesirable team he wants to stay till 2012? That doesn't make sense.
- July 23, 2010 at 4:30 PM
- Andrew said...
Here is some more info from Alyson that you might want to add to the post:
@ukkev82 if it's true the Dodgers and Yankees are interested, those are two desirable destinations as well.
- July 23, 2010 at 4:47 PM
- Joe said...
Well lets hope Philadelphia pitches very badly the next couple series so we can take the more favorable three team trade involving the Rays. What are the chances that Drayton takes on 10 million instead of the proposed 7.5 million initially reported if the Phillies budge and pick up the option? The Cards offer is laughable at best.
- July 23, 2010 at 5:43 PM
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Last season was one the most successful campaigns for the Crowder women's basketball program in recent memory. Not only did those Lady 'Riders go 29-6 and win the Region 16 championship, but they also finished in the Sweet 16 at the NJCAA Division I National Tournament in Salina, Kan.
Last season was one the most successful campaigns for the Crowder women's basketball program in recent memory. Not only did those Lady 'Riders go 29-6 and win the Region 16 championship, but they also finished in the Sweet 16 at the NJCAA Division I National Tournament in Salina, Kan.
While that team is one that will be forever remembered at Crowder, most of what's left of them is all but a memory now as the only holdover returning in 2013 is sophomore guard Dorian Briggs (5'8, Fort Smith, Ark.). There's no doubt Briggs will be counted on to lead the team this season when they open their home schedule against Labette Community College at 6 p.m. tonight at Bob Sneller Gymnasium. She's the only sophomore amongst a group of eight freshmen on the current roster.
The turnover, and being such a young team, could hamper the Lady 'Riders early in the season. Some of that has already shown in a pair of losses against Seminole (72-54) and Connors State (81-71). Crowder coach Tina Robbins knows there will be early struggles, but hopes to eventually help develop another All-American like Terai Sadler in 2012.
"We know with such a young squad that early on things aren't going to be perfect," Robbins said. "We know that with this group we're going to have to be patient with them, but eventually they're going to get it. The bright spot is that we've played hard. We're going to have to make adjustments."
Robbins said the return of Briggs has been a positive for the team so far.
"She's done a great job," Robbins said. "It's hard when you're the only one (returning), but she's done a great job of being a leader and trying to get them all on the same page. I think she'll continue to play that way throughout the season."
The new class has a solid mix of size and athleticism, according to Robbins. Freshman Courtney Jones (5'5, Tahlequah, Okla.) was described by Robbins as a shooter that has high basketball IQ: "She understands the game. She can play any guard spot," the coach said.
Tiffany Rhame (5'4, Farmington, Ark.) and Tae'lor Monroe (5'6, Las Vegas, Nev.) are both point guards that are athletic and heady. Lori Kleier (5'4, Hurley, Mo.) is another guard that Robbins says not only plays hard, but also has the ability to knock down open shots and is good in transition.
The Lady 'Riders added some local flavor in the form of Katie Hughes, a 6'1 freshman from Purdy, Mo. Hughes has been hampered by injuries throughout the preseason, but Robbins is high on her as a player that can "spot up and knock down a 15-footer," and a player that can both play with her back to the basket or face up and score. Thays Barbosa (6'1, Goiana, Brazil) has the same sort of skill set as Hughes, while also factoring in as a good rebounder with the potential to get even better.
Ariana Gallegos (6'1, Kyle, Texas) is a player Robbins says has improved a great deal over the preseason. "She's a good back to the basket player and can step out and knock down a 15-footer."
Mariana Silva (6'2, Sao Paulo, Brazil) is the tallest player on the team — rounding out a group of four 6-footers. Silva has been slowed by injuries throughout the preseason. "Once we can get her into game shape and can get her more physical, she's a kid that can be dominant for us in the paint."
With only nine players on the 2013-14 roster, health will be a key issue.
"Obviously one of the big keys for us is staying healthy with such a small roster," Robbins said. "But we had the same situation last year. Hopefully we'll have all nine every time out, but if not we'll have to learn to adjust."
Also joining Crowder's bench is new assistant Laura Horzempa, who, as Robbins described is "from all over the place." A native of the Dallas, Texas, area, Horzempa has had previous stops at Belmont University in Tennessee, and most recently spent three years in New York.


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These twenty-four 3"x6"x.5" thick Travertine Texture Thin Brick Veneer or tile Molds are made with a heavy-duty commercial grade ABS that can be used hundreds of times if cared for properly. They offer a nicely textured light Travertine finish on their face, and instructions for making medium and heavy Travertine surface texturing if desired.
For larger projects or to make more bricks or tiles faster, we also offer larger sets of these molds and other molds to save you money, and they include FREE SHIPPING within the Continenatl USA as well.
We also offer Complete DIY Project Kits that include molds, color, and all supplies needed except the concrete and water. See these elsewhere in our eStore.
These twenty-four (24), T-0306 Travertine Brick Veneer or Tile Molds measure 3"x6"x.5" thick, and can made in any color you can imagine. Great for back splashes, trim, counter tops, even floors and patios.
Various degrees of Travertine texturing is possible with our techniques, which we will be happy to teach you if the standard Travertine texture is not heavy enough for your liking. The blue brick tiles have been stained with our Ocean Blue Stain. There are also three other photos of Travertine textures that are possible with our techniques. These were done on our PT-0612 Travertine Pavers, and illustrate the textures possible.
Our brick veneer molds, like our stone and other molds, can be used hundreds of times if cared for per our simple instructions. We have hundreds of different styles, sizes, textures, and shapes of molds to choose from. If there is something you'd like that you do not see in our store, let us know. We may be able to make it for you.
We normally recommend that most tiles and brick veneer pieces be poured to 1/2" thick or more, depending on the depth of the mold. As an example, our pavers are normally poured to their full thicness... especially if being used for a driveway. You can custom finish them, and make them in virtually any color that you can imagine as well.
Remember... FREE instructions are included with each purchase, and help is only an email away. Feel free to email your questions to: email@example.com We'll get right back to you with an answer or solution. And feel free to visit our www.TheMoldStore.info Training and Instructions website.
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Juniper Routing Engine Board 400 Mhz Pentium Ii 768mb Dram 20 Gb Hard, Juniper RE-400-768.
* We have limited quantity of RE-400-768 in stock. Our inventory changes constantly and quantities listed are based on available stock. This item comes with our 100% Money-Back Guarantee.
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DurkHaarsma needed a new logo design and created a contest on 99designs.
A winner was selected from 38 designs submitted by 15 freelance designers.
Geomares Publishing is a leading international publishing house that is publishing magazines, websites and books, all related to geomatics, hydrography, oceanography, water management and navigation. Geomares Publishing is a b-to-b publishing company that provides up to date and need to know information for enhanching the working life for professionals working in our fields. Business-wise, savvy, up to date and close that our communities of professionals. (check http://www.hydro-international.com or http://www.gim-international.com)
With this new website on which we are selling a book we've been publishing for a few years, we are targeting the world wide community of seafarers and mariners in the merchant navy, but also pleasure yachting, a community that needs to get familiar with electronic sea charts, because its becoming required in the forthcoming years
The logo should be availabe in .gif or .jpg, applicable on websites, on the homepage, but also in a format that is suitable for printing (for promotional purposes), the logo needs to say it all, - this is a place where you go for need to know info on electronic sea charting and it should carry the url http://www.electronic-chart.com. The first objective of this site is to sell the book The Electronic Chart, but further on this year it will become more of a portal, so the logo might have the same colours as the bookcover (or sort of..) (I am attaching the book), but it should be a logo on itself to be used for other products in the line electronic-chart of Geomares Publishing. Colours: blue, yellow etc. We were thinking of a stamp 'certifying navigational sea charts' or certifying information on sea charts. Keywords: charts, certifiying, stamp, wind rose or compass rose, modern, businesswise.
Find out how a design contest works or learn more about our logo design services.


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Nivea Brilliant Color Shampoo by Nivea (200ml)
Item #27897
This product has been discontinued. Please contact us if you would like help finding a suitable replacement
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Many people are familiar with American made Nivea creme products, but fewer people have experienced the quality of German Nivea Creme. These important products are a wonderful, classic, and luxurious solution to all of your skin care needs. From Shaving, Hair Care & Face Care.They are the first key to helping you reveal your radiant and healthy skin. Find German Nivea Reviews, Special offers and Coupons at Smallflower. Try Nivea Men & Nivea Body Care products today!


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|We do Landscaping in B79 - TAMWORTH - Tamworth
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package #5
from: cut paper paste
This little piggy has the finest paper ephemera in all the land!
A super assortment from the lovely and talented Dawn. Thank you Dawn!
If you know me, you know I do not like taking photos. I do not like editing photos.
And to say I like blogging is basically saying I like talking to myself.
So for me to participate in this mail exchange I knew I would be committing to doing all of these things.
I hope someone out there is enjoying these blog posts.