text:
Judge Nugent
11-05239 Davis, Trustee v. Brown et al (Doc. # 50) - Document Text
- Details
- Category: Judge Nugent
- Published: 03 October 2012
- Written by Judge Nugent
SIGNED this 19th day of September, 2012.
MICHELLE R. BROWN, ) Case No. 11-12293
) Chapter 7
Debtor. )
CARL B. DAVIS, Trustee )
Plaintiff, )
vs. ) Adversary No. 11-5239
MICHELLE R. BROWN, LEGACY BANK and )
Defendants. )
Case 11-05239 Doc# 50 Filed 09/19/12 Page 1 of 14
These are cross-motions for summary judgment filed by the trustee, Carl B. Davis, and the
defendant Legacy Bank on the Trustee's complaint to avoid the Bank's security interest in Michelle
Brown's ownership interest in the Kansas Medical Center, L.L.C.1 The Bank claims to have a lien in
her 7 units of that company; the controversy here arises because it described those units on all of its
security documents as "7 shares of preferred stock." The Trustee filed a five-count complaint. In Count
I, the Trustee seeks to determine the secured status of the Bank in the units and, in Count IV, he
invokes his hypothetical lien creditor powers under 11 U.S.C. § 544(a) in his attempt to avoid this lien.
The other counts seek turnover of the units, leave to sell them under 11 U.S.C. § 363(f), and the
marshaling of assets. The parties made no mention of the turnover, sale or marshaling counts in their
summary judgment motions. The Court concludes that Brown's interest in the LLC is a general
intangible and that, while the Bank's description of it is somewhat inaccurate, it still meets the
"reasonable identification" standard of KAN. STAT. ANN. § 84-9-108. The Bank's Assignment and
Control Agreement are therefore sufficient to effect attachment and the financing statement it filed
perfected the Bank's security interest in Brown's LLC units.2
The trustee's complaint to determine the validity of the Bank's lien in the debtor's LLC units
and to avoid that lien under 11 U.S.C. § 544 is a core proceeding over which this Court may exercise
subject matter jurisdiction.3
1 On July 10, 2012, the Court heard oral argument on the motions. The trustee Carl Davis
appeared by counsel Kenneth Jack. Legacy Bank appeared by counsel Creath Pollack.
2 Unless otherwise indicated all statutory references are to the Uniform Commercial Code
[UCC] as adopted in Kansas, specifically Kansas Statutes Annotated (2011 Supp.), chapter 84,
articles 8 and 9.
3 28 U.S.C. § 157(b)(1) and (b)(2)(K) and § 1334(b).
Case 11-05239 Doc# 50 Filed 09/19/12 Page 2 of 14
Summary Judgment Standards
Fed. R. Civ. P. 56(c), incorporated in adversary proceedings by Fed. R. Bankr. P. 7056, directs
the entry of summary judgment in favor of a party who "shows that there is no genuine dispute as to
any material fact and that the movant is entitled to a judgment as a matter of law." The Court's function
in reviewing a motion for summary judgment is to first determine whether genuine disputes as to
material facts exist for trial. In making this determination, the Court may not weigh the evidence nor
resolve fact issues.4 Once the Court determines which facts are not in dispute, it must then determine
whether those uncontroverted facts establish a sufficient legal basis upon which to grant movant
judgment as a matter of law.5
This matter is well-suited to summary determination where the uncontroverted material facts
are established by the documentary evidence submitted by the parties. There is no dispute here how
the debtor's ownership interest in the LLC was characterized and described on the relevant security
documents. The task for this Court is to determine whether that description was sufficient as a matter
of law, applying the relevant provisions of the Uniform Commercial Code.
The following facts are undisputed and are established by the documentary evidence submitted.
Dr. Michelle Brown borrowed $315,000 from the Bank in July of 2010. She gave the Bank a note and
executed two security documents: an Assignment of Investment Property/Securities (Assignment) and
4 First Sec. Bank of New Mexico, N.A. v. Pan Am. Bank, 215 F.3d 1147, 1154 (10th Cir. 2000)
(citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986)); Concrete Works of Colo., Inc. v. City and Cnty
of Denver, 36 F.3d 1513, 1518 (10th Cir. 1994) (Court may not resolve disputed questions of fact at
the summary judgment stage).
5 E.E.O.C. v. Lady Baltimore Foods, Inc., 643 F.Supp. 406, 407 (D. Kan. 1986) (Even if there
are no genuine issue of material fact, the movant still has the burden to show it is entitled to
judgment as a matter of law.).
Case 11-05239 Doc# 50 Filed 09/19/12 Page 3 of 14
an Uncertificated Securities Control Agreement (Control Agreement).6 She executed a financing
statement that the Bank filed with the Secretary of State. The terms of the note refer to it being secured
by, among other things, an "Assignment of Investment Property/Securities - KANSAS MEDICAL
CENTER, LLC."7 The note also references a "Security Agreement" signed by Dr. Brown. The
Assignment and Control Agreement are part of the record on summary judgment; the security
agreement is not.
Paragraph 2 of the Assignment reads "To secure the payment . . . of the [note], I assign and
grant a security interest to you in all of the Property described in this Agreement that I own . . . ."
Paragraph 3 defines the "Property" as "Investment Property/Securities: 7.000 shares of Preferred Stock
in KANSAS MEDICAL CENTER, LLC, held by KANSAS MEDICAL CENTER, LLC, 1124 W 21st
Street, Andover, KS 67002 recorded in my name." Other than proceeds and replacements, no other
property is described in the Assignment. The Control Agreement was signed by the Bank, Dr. Brown,
and a representative of Kansas Medical Center, Steven Hadley. Kansas Medical Center is referred to as
the Issuer and, in the agreement, the Issuer agrees "to comply with the instructions originated by the
Secured Party without further consent by the Debtor." The property that is subject to the agreement
"includes the following Investment Property and all proceeds and products . . ." and describes the
"7.000 shares of Preferred stock" referenced in the Assignment. Dr. Brown executed and the Bank filed
a financing statement that refers to"Margin Stock/Securities (uncertificated): 7.000 shares of preferred
stock in KANSAS MEDICAL CENTER, LLC, held by KANSAS MEDICAL CENTER, LLC, 1124
W 21st Street, Andover, KS 67002 recorded in Debtor's [Brown's] name."8
6 Adv. Dkt. 21-1 (Note); 21-2 (Assignment); and 21-4 (Control Agreement)
7 Adv. Dkt. 21-1, ¶ 10.
8 Adv. Dkt. 21-6.
Case 11-05239 Doc# 50 Filed 09/19/12 Page 4 of 14
Dr. Brown owned 7 units in the LLC.9 She did not own shares of preferred stock in it–no stock
was issued. The LLC's operating agreement, filed under seal here, makes no provision for the issuing
of stock; rather those members contributing capital received units, defined as "an instrument used for
purposes of determining certain votes and making certain allocations of profits and losses." There are
no "instruments" in the summary judgment record.
Included among the exhibits in support of the Bank's summary judgment motion are two letters,
one dated January 24, 2012 from KMC's counsel to the Bank's counsel, together with a list of members
in KMC showing Dr. Brown's ownership of 7 "units" in the LLC, and a second letter dated July 28,
2010 from the Bank's vice-president addressed "To Whom It May Concern" stating the Bank's
agreement to be bound by KMC's Operating Agreement in the event the Bank pursues remedies under
Dr. Brown's Security Agreement and "takes control or ownership of the 'Units' pledged."10 In reliance
on that exhibit, the Bank asserts as fact that the ownership interests in KMC are uncertificated, issued
and maintained by KMC.11 The trustee admits that fact. The Bank also asserts that the July 28, 2010
letter is "part of the Control Agreement."12 The trustee admits the authenticity of the July 28 letter but
denies that it is part of the Control Agreement, citing to the existence of an integration clause in the
Control Agreement and the lack of execution of the letter by the debtor and KMC. These letters reflect
that as between KMC and the Bank, the parties recognized and accurately characterized Dr. Brown's
ownership interest in KMC as 7 "units." Why this description of Dr. Brown's interest in the LLC was
never used on the security documents remains a mystery.
9 Adv. Dkt. 21-3, p.2.
10 Adv. Dkt. 21-3, Ex. C.
11 Adv. Dkt. 21, p. 2, ¶ 3.
12 Adv. Dkt. 21, p. 2, ¶ 6.
Case 11-05239 Doc# 50 Filed 09/19/12 Page 5 of 14
1. The LLC units are general intangibles, not investment property.
Both parties focus their arguments on whether the LLC units are adequately described in the
security documents, both assuming for purposes of that discussion that the collateral is "investment
property." In doing this, they both skip a critical step in the Article Nine analysis: determining into what
collateral "type" or category the LLC units fall.13 Because these units are not securities as that term is
defined in Article Eight, they are not investment property; rather, they are general intangibles.14
The Bank's documents refer to the units variously as "investment property," "uncertificated
securities," or "margin stock." The units are none of these things. The term "investment property" is
defined in § 84-9-102(a)(49) of the UCC as "a security, whether certificated or uncertificated. . . ." A
"security" is defined in Article Eight at § 84-8-102(a)(15) and its definition applies in Article Nine by
virtue of § 84-9-102(b). A "security" is defined as an "obligation of an issuer or a share, participation
or other interest in an issuer or in property or an enterprise of an issuer" "except as otherwise provided
in K.S.A. § 84-8-103."15 KAN.STAT.ANN.§ 84-8-103(c) expressly excludes LLC units like those at issue
13 See KAN. STAT. ANN. § 84-9-102(a)(12) (defining collateral as the property subject to a
security interest. Types of collateral include goods, § 84-9-102(a)(44); inventory, § 84-9-102(a)(48);
farm products, § 84-9-102(a)(34); equipment, § 84-9-102(a)(33); general intangibles, § 84-9102(
a)(42); accounts, § 84-9-102(a)(2); chattel paper, § 84-9-102(a)(11); investment property, § 84-9102(
a)(49); consumer goods, § 84-9-102(a)(23); and payment intangibles, § 84-9-102(a)(61).
14 Barkley and Barbara Clark, 1 THE LAW OF SECURED TRANSACTIONS UNDER THE
UNIFORM COMMERCIAL CODE, ¶2.04[7] (3rd ed. 2011); See also In re Turley, 172 F.3d 671 (9th Cir.
1999) (stock that auto racer had to buy as member of auto racing franchise was general intangible
under UCC, not a certificated security); In re Mintz, 192 B.R. 313 (Bankr. D. Mass. 1996) (debtor's
interest in limited partnership and corresponding distribution rights were not uncertificated
securities, but instead were general intangibles); In re Dreiling, 2007 WL 172364; No. 05-64189
(Bankr. W.D. Mo. Jan. 18, 2007) (Debtors' interest in a Kansas limited liability company was a
general intangible).
15 KAN. STAT. ANN. § 84-8-102(a)(15).
Case 11-05239 Doc# 50 Filed 09/19/12 Page 6 of 14
here from the definition of "security."16 It states –
(c) An interest in a partnership or limited liability company is not a security unless it is dealt in or
traded on securities exchanges or in securities markets, its terms expressly provide that
it is a security governed by this article, or it is an investment company security.
However, an interest in a partnership or limited liability company is a financial asset if
it is held in a securities account.17
None of the conditions listed in § 8-103(c) are met by the units in question here. The units are not
traded on any market and the operating agreement makes no provision for Article Eight to apply to
them. KMC is a hospital, not an investment company. Because these units are not securities under
Article Eight, they cannot be investment property under Article Nine.
Instead, these units are general intangibles. That term is defined at § 84-9-102(a)(42) as –
any personal property, including things in action, other than accounts, chattel paper,
commercial tort claims, deposit accounts, documents, goods, instruments, investment
property, letter-of-credit rights, letters of credit, money, and oil, gas, or other minerals
before extraction. The term includes payment intangibles and software.18
As these units fit none of the enumerated exclusions, particularly investment property, they fall into the
catch-all category of personal property and are general intangibles.
The Bank's Assignment and Control Agreement suffice (just barely) to attach a
security interest in general intangibles.
In order for a security interest to attach to collateral, it must be enforceable. Section 9-203(b)
sets out three requirements for enforceability. First, the secured party must give value.19 Second, the
debtor must have rights in the collateral.20 And, third, some form of security instrument describing the
16 See OFFICIAL UCC COMMENT 4, § 84-8-103(c).
17 KAN. STAT. ANN. § 84-8-103 (emphasis added).
18 KAN. STAT. ANN. § 84-9-102(a)(42) (emphasis added).
19 § 84-9-203(b)(1).
20 § 84-9-203(b)(2).
Case 11-05239 Doc# 50 Filed 09/19/12 Page 7 of 14
collateral must be executed (or "authenticated" in UCC parlance) or the secured party have taken
possession of it.21 There is no dispute that the first two conditions are met here: the Bank lent Brown
money and she owned the LLC units. What is hotly disputed is whether the Bank's interest attached.
The dispute turns on the poor job the Bank did in describing Brown's collateral.
Attachment occurs if one of four conditions is met. They are: (1) the debtor signs a security
agreement that describes the collateral;22 (2) the collateral "is not a certificated security" and is in the
secured party's possession under § 9-313 pursuant to the security agreement;23 (3) the collateral is a
registered certificated security and the secured party takes delivery of the certificate under § 8-301;24 or
(4) the collateral is investment property of which the secured party has control under§ 9-106.25 The
trustee argues that the collateral is not adequately described and therefore doesn't meet the requirements
of the first condition, § 9-203(b)(3)(A), while the Bank claims that it has "possession" of the collateral
under the Control Agreement under § 9-203(b)(3)(B). Because the units are not securities in registered
form, the third condition plainly does not apply.26 And, because the units are not investment property,
the attachment by control provisions in § 9-203(b)(3)(D) do not apply either.
The Bank documents, taken together, amount to "a security agreement that provides a
21 § 84-9-203(b)(3).
22 § 84-9-203(b)(3)(A).
23 § 84-9-203(b)(3)(B).
24 § 84-9-203(b)(3)(C).
25 § 84-9-203(b)(3)(D).
26 See § 8-102(a)(4) defining a "certificated security" as a security that is represented by a
certificate and § 8–102(a)(18) defining an "uncertificated security" as a security without a certificate.
Case 11-05239 Doc# 50 Filed 09/19/12 Page 8 of 14
description of the collateral."27 None of the documents is entitled "security agreement" but the
Assignment contains granting language that states: "To secure the payment and performance of the
Secured Debts, I [Brown] assign and grant a security interest to you in all of the Property described in this Agreement
that I own . . . ." The note's terms include a statement that it will be secured by separate security
instruments, including an "Assignment of Investment Property/Securities - KANSAS MEDICAL
CENTER, LLC."28 The Assignment's terms also refer only to investment property or securities,
specifically 7.000 shares of Preferred stock in the LLC: there is no catch-all provision that might be read
to incorporate general intangibles into its reach.29 Both the note and the Assignment authorize the Bank
to file a financing statement covering the "Property" to perfect its security interest.30 The Control
Agreement "includes" in the described collateral reference "the following Investment Property . . .,"
followed by the more specific description of 7 shares of preferred stock recorded in Brown's name and
held by the LLC.31 The use of the word "includes" leaves open the possibility that other UCC types of
collateral might be included. The collateral is both miscategorized as investment property and
misdescribed as preferred stock.32 Preferred stock is issued by a corporation to accord its holders
preference over the holders of common stock in the distribution of dividends or, in the event of
27 § 9-102(a)(72) defines a "security agreement" as an agreement that creates or provides for
a security interest while § 1-201(a)(35) states that a "security interest" means an interest in personal
property that secures payment or performance of an obligation.
28 Adv. Dkt. 21-1, p. 2, ¶ 10.
29 Adv. Dkt. 21-2, p. 1, ¶ 3.
30 Adv. Dkt. 21-1, p. 3, ¶ 12; Adv. Dkt. 21-2, p. 2, ¶ 10.
31 Adv. Dkt. 21-4, p. 1, ¶ 2.
32 The title of the Control Agreement also misdescribes Brown's interest in the LLC as
"Uncertificated Securities."
Case 11-05239 Doc# 50 Filed 09/19/12 Page 9 of 14
liquidation, assets. Limited liability company units are issued to investors in LLC's to evidence members'
relative rights in the distribution of profits and liability for losses. Only if the Court can conclude that
the Bank's note, Assignment, and Control Agreement, read together as a security agreement, contain
descriptive terms that point to Dr. Brown's equity interest in KMC can it conclude that the Bank's
security interest attached. But because the Bank used the wrong UCC collateral type-word "investment
property" in its security documents, the sufficiency of the description is rightly open to question.
The collateral description serves the purpose of identifying that part of the debtor's property
which the secured party's lien encumbers. UCC § 9-108(b) provides the yardstick for judging whether
a description is adequate to the task. If it "reasonably identifies" the collateral, it is. Collateral is
reasonably identified if it is identified by a "specific listing," category, UCC collateral type, quantity,
computational formula, or "any other method, if the identity of the collateral is objectively
determinable." The Bank's description is "specific" but inaccurate because it refers to 7 shares of
preferred stock in a LLC – LLCs don't issue stock. The Bank chose the wrong category and UCC
collateral type-word – LLC units aren't securities, preferred stock or investment property. The
Assignment does identify the correct quantity of ownership units, though it calls them shares of
preferred stock. It is silent as to computational method. The Control Agreement's property reference
"includes" investment property, opening the possibility that KMC might be retaining something other
than securities. That leaves the question under § 9-108(b)(6): whether the identity of the units is
"objectively determinable." Does the description "do the job assigned to it: make possible the
identification of the collateral described?"33
Kansas case law in this area is sparse, but on point. The Bank relies heavily on John Deere Co. v.
Butler Co. Implement, Inc., where the Kansas Supreme Court considered whether a lender's security
Case 11-05239 Doc# 50 Filed 09/19/12 Page 10 of 14
agreement that referred to a John Deere dealer's inventory and new and used equipment as listed on
certain exhibits included after-acquired property.34 Finding no after-acquired language, the court had no
hesitation finding that the lender's security interest did not attach to after-acquired property. However,
the bank's second security agreement that described the collateral as the dealer's interest in "all
equipment, used equipment and parts inventory" was held to include the debtor's equipment inventory,
even though the bank did not employ the "inventory" category in the description. Referring to the
Kansas comments to former § 84-9-110, the precursor to § 9-108, the court held that a description in
a security agreement must be such that it allows third persons, "aided by reasonable inquiries which the
instrument itself suggests, to identify the property."35 If the document "gives clues sufficient that third
persons by reasonable care and diligence may ascertain the property covered, it is adequate."36
Concluding that "equipment " commonly describes what implement dealers sell and that the security
agreement's clear reference to equipment "now owned or hereafter acquired" clearly referred to
equipment that might be acquired in the future for resale, the court held that the failure of the bank to
use the word "inventory" to describe its collateral was not fatal to the bank's claim to the dealer's
inventory. The Trustee responds that the John Deere case does not apply here because in that case, the
security agreement referred to equipment that existed; here the security agreement referred to preferred
stock that never existed.
34 232 Kan. 273, 655 P.2d 124 (1982), partially superseded by statute on other grounds, Bank of
Kansas v. Hutchinson Health Serv., 246 Kan. 83, 785 P.2d 1349 (1990)(K.S.A. § 44-717(c) was amended
after John Deere to bring interpleader actions within its reach; this statute and the portion of the John
Deere decision addressing its applicability in that case has no bearing on the instant case before this
35 Id. at 282.
36 Id. See also, § 84-9-110 (1996), KANSAS COMMENT, 1996. OFFICIAL UCC COMMENT 2 to
current § 84-9-108 notes that the current statute "retains substantially the same formulation" as the
former version, § 84-9-110.
Case 11-05239 Doc# 50 Filed 09/19/12 Page 11 of 14
Professor Clark comments that the John Deere court "may have gone too far in holding that a
misclassification of farm machinery held by a dealer for sale as equipment rather than inventory was not
a fatal error in description" and that "another court might conclude that an error in generic description
is fatal, given the separate Article 9 categories and the ease with which the creditor could avoid the
problem . . . ."37 Like the Kansas Supreme Court, this Court does not "condon[e] the careless
draftsmanship giving rise to this issue."38 And, like Professor Clark, I find it hard to justify the repeated
mischaracterization of these not-uncommon assets when the Uniform Commercial Code so clearly
states into what category they fall. Clearly, the Bank presumed Brown's interests in the LLC were
"uncertificated securities" and relied on its preprinted forms instead of common sense in documenting
its lien in Brown's 7 LLC units.39 That said, while the Assignment "lacks [accurate] details," it "gives
clues" that would allow a third party to ascertain what property of Dr. Brown's she pledged to repay the
note. The language of the note, the Assignment, and the Control Agreement all suggest that she
intended to pledge her interest in Kansas Medical Center, LLC. Her name and address are supplied; a
third party could make inquiry of her. Likewise, the name and address of the issuer, KMC, are also
supplied. A third party could easily contact the hospital or its representatives for further information.
Finally, the quantum of Brown's interest in the LLC was accurately depicted, even if its legal nature was
If the point of a reasonable description in the security documents is to make what part of the
37 Barkley and Barbara Clark, 1 THE LAW OF SECURED TRANSACTIONS UNDER THE
UNIFORM COMMERCIAL CODE, ¶2.03[3][a] (3rd ed. 2011).
38 232 Kan. at 282.
39 Had the Bank used a common security agreement form and claimed a lien in Brown's
"general intangibles" or "all of debtor's interest in Kansas Medical Center, LLC" this would be a
much simpler case.
Case 11-05239 Doc# 50 Filed 09/19/12 Page 12 of 14
debtor's property is encumbered "objectively determinable," the facts in this case support my
concluding that this description suffices to attach the security interest. Dr. Brown owned no stock, but
she did own 7 units in the LLC. The security instrument described the number of units and identifies
the issuing entity as a limited liability company. As LLCs typically do not issue "stock," a reader could
reasonably conclude that the "preferred stock" was, in fact, a membership interest. The Trustee admits
that KMC issued and maintained the membership units and did not controvert that KMC wrote a letter
to the Bank stating as much. And, there is no doubt that these units are what Dr. Brown offered and
what the Bank received as security for the repayment of its note.
The Assignment, the Control Agreement, and the correspondence allow me to conclude that
Dr. Brown granted an interest in her 7 "shares" of Kansas Medical Center, LLC. The reference to stock
is incorrect, but not fatally misleading. It suggests that Dr. Brown owns, and has pledged, her 7 units
of "equity" interest in the company -- the nature of that interest is "objectively determinable." By an
admittedly thin margin, the Bank's description "reasonably identifies" the collateral under § 9-108 and
therefore complies with § 9-203(b)(3)(A). The Bank's security interest attached to Dr. Brown's 7 units
in Kansas Medical Center, LLC.
3. The Bank's financing statement perfected its security interest in the LLC units.
A security interest in general intangibles may only be perfected by filing a financing statement.40
40 § 84-9-310(a). See also In re Turley, 172 F.3d 671 (9th Cir. 1999) (stock that auto racer had to
buy as member of auto racing franchise was general intangible under UCC, not a certificated
security, and could only be perfected by filing financing statement; bank's possession of stock
certificate did not perfect security interest and was without consequence); In re Mintz, 192 B.R. 313
(Bankr. D. Mass. 1996) (debtor's interest in limited partnership and corresponding distribution rights
were not uncertificated securities and bank was not required to perfect security interest therein under
Article 8 of the UCC, but by filing a financing statement for general intangibles under Article 9); In re
Dreiling, 2007 WL 172364; No. 05-64189 (Bankr. W.D. Mo. Jan. 18, 2007) (Security interest in
debtor's interest in Kansas limited liability company was a general intangible and required to be
perfected by filing a financing statement).
Case 11-05239 Doc# 50 Filed 09/19/12 Page 13 of 14
A financing statement is sufficient to perfect a security interest when it contains the names of the debtor
and the secured party, and when it "indicates the collateral covered."41 The "indication" of the collateral
is sufficient if it meets the description standards set out in § 9-108.42 The Bank's financing statement
exhibits yet more "careless draftsmanship" by referring to the collateral as "margin stock/securities
(uncertificated)" and describing it as "7.000 shares of preferred stock" in Kansas Medical Center.43 But
the statement also contains KMC's address and correctly identifies the number of shares of interest that
Dr. Brown owns. The misnomers "margin stock," "uncertificated securities," and "preferred stock" are
not enough to render the financing statement seriously misleading and, as set out above, the description
meets the requirements of § 9-108, if only by a hair.
The Bank's security documents successfully attached and perfected its security interest in
Michelle Brown's membership units in Kansas Medical Center, LLC. There are no issues of material fact
and the Bank is entitled to judgment as a matter of law. The Trustee's motion for summary judgment
is therefore DENIED and the Bank's motion for summary judgment is GRANTED. Partial judgment
for the Bank on Counts I and IV of the Trustee's complaint will be entered. A judgment on decision
will issue forthwith.
The Trustee is directed to prepare and submit an agreed final pretrial order on Counts II, III,
and V of his complaint not later than 28 days from the entry of this order and the Clerk is directed to
set this proceeding for final pretrial conference and trial thereafter.
# # #
41 § 84-9-502(a).
42 § 84-9-504(a) (adopting § 9-108's "reasonably identifies" description standard).
43 Adv. Dkt. 21-6.
Case 11-05239 Doc# 50 Filed 09/19/12 Page 14 of 14
- << Prev
- Next


text:
LITTLE ROCK, AR. (Oct. 24, 2012) - A physician experienced in caring for the most delicate of heart problems has been selected to lead the pediatric cardiology divisions at Arkansas Children's Hospital (ACH) and the University of Arkansas for Medical Sciences (UAMS). Paul Seib, MD, will serve as director and section chief of the Pediatric Cardiology program in the Heart Center at ACH, as well as section chief of Pediatric Cardiology in the UAMS College of Medicine's Department of Pediatrics.
Seib, a familiar face to many Arkansas families whose children have congenital heart defects, has been interim director of the programs for more than a year.
"Paul has done an excellent job as our interim section chief, and his leadership has forged a plan for the future of our program," said Richard Jacobs, MD, FAAP, chair of the UAMS Department of Pediatrics and president of the ACH Research Institute. "His vision brings a clear direction for our missions."
Seib joined ACH and UAMS in 1993 after serving in the Air Force on active duty for three years. He earned his medical degree from Louisiana State University and completed his residency at ACH and UAMS, holding the position of chief resident in 1987. He trained as a fellow in pediatric cardiology at Baylor College of Medicine and Texas Children's Hospital. Afterwards, he served as chief of Pediatric Cardiology at Lackland Air Force Base in Texas. Today he is an associate professor of Pediatrics in the UAMS College of Medicine.
At ACH, Seib has held several leadership positions, ranging from medical director of the Cardiac Catherization Lab to co-director of the Cardiovascular Intensive Care Unit (CVICU). His research interests include treatment of aortic stenosis and the use of extracorporeal membrane oxygenation, known as ECMO, as a bridge to transplant technology in children.
"It has been a privilege to care for children with heart disease in this region for so many years," Seib said. "I look forward to drawing on that experience as we strengthen a team offering the most advanced treatment options for kids with heart disease."
Seib began serving as interim after previous chief William R. "Bob" Morrow, MD, left the positions to become senior vice president and medical director at ACH, as well as vice chancellor and associate dean for Children's Affairs at UAMS.
Each month, an average of 35 children receive treatment in the CVICU at ACH, while another 600-plus kids visit the Heart Center for outpatient care of their congenital heart defects. In 2011, ACH performed a record 31 pediatric cardiac transplants, greatly improving the quality of life for children with heart failure.
Arkansas Children's Hospital is the only pediatric medical center in Arkansas and one of the largest in the United States serving children from birth to age 21. The campus is celebrating 100 years of providing Care, Love and Hope in 2012. Over the past century, ACH has grown to span 29 city blocks and house 370 beds, a staff of approximately 500 physicians, 80 residents in pediatrics and pediatric specialties and more than 4,000 employees. The private, nonprofit healthcare facility boasts an internationally renowned reputation for medical breakthroughs and intensive treatments, unique surgical procedures and forward-thinking medical research - all dedicated to fulfilling our mission of enhancing, sustaining and restoring children's health and development. For more information, visit
.UAMS is the state's only comprehensive academic health center, with colleges of Medicine, Nursing, Pharmacy, Health Professions and Public Health; a graduate school; a hospital; a statewide network of regional centers; and seven institutes: the Winthrop P. Rockefeller Cancer Institute, the Jackson T. Stephens Spine & Neurosciences Institute, the Myeloma Institute for Research and Therapy, the Harvey & Bernice Jones Eye Institute, the Psychiatric Research Institute, the Donald W. Reynolds Institute on Aging and the Translational Research Institute. Named best Little Rock metropolitan area hospital by U.S. News & World Report, it is the only adult Level 1 trauma center in the state. UAMS has more than 2,800 students and 790 medical residents. It is the state's largest public employer with more than 10,000 employees, including about 1,000 physicians and other professionals who provide care to patients at UAMS, Arkansas Children's Hospital, the VA Medical Center and UAMS' Area Health Education Centers throughout the state. Visit
# # #
Call Us: 501-364-1100 or TDD 501-364-1184

subset: commoncrawl


text:
- A driver learns from the past to lead the future
- A driver builds up his own trucking business
- Father and son share a love of life on the road, even if it makes visits rare
- This driver always makes time to mentor the next generation — whether at home or on the road
- This driver helps rookie truckers learn the ropes
- Home-schooling in a truck means the country is a classroom
- This driver sees the world through Google Glass
- A career trucker brings his tales of the road to people in hospice
- How driver Paul Sedlak finds motivation to reach his fitness goals
- I Love Trucking: More than a job, driving is a way of life
Loyalty Pledge
Do you have your UltraOne card yet?
Since we introduced UltraOne the response has been overwhelmingly positive. RoadKing Club and Petro Passport members who made the switch now have one card that carries all the benefits of membership, whether they visit a TA or a Petro. Now that's convenience.
We created UltraOne in response to driver requests. During our planning, we emphasized something important that lots of big companies miss. Benefit programs are referred to as "loyalty programs," because almost always they are meant to indicate a customer's loyalty to a brand. But I think it should be the other way around.
UltraOne is a sign of TA and Petro's loyalty to you, the driver. We listen to your needs and respond, whether it's a matter of providing a more convenient way to build rewards points at our locations or by offering new healthy menu options at our restaurants. We've also brought back an old menu favorite, chipped beef on toast, as a result of your input.
And there's more coming. Later this year, you will be able to print fuel receipts at any UltraOne kiosk or over the Internet. Early next year, your UltraOne card can be used to activate our diesel dispensers.
On a more local level, we read and respond to every compliment or complaint we get from you. Our Facebook page is especially active, and I'm happy to report that drivers praise our response time and actions. It's always good to hear when we do something especially well, because that can serve as an example to all of our locations. I hope you will continue to let us know when something hasn't worked for you at a TA or Petro, but also give us a heads up when you are impressed.
I expect that we'll hear more of those stories in the future, because our loyalty to you goes beyond responding to requests. We look for ways to improve on our own, too. That's why we have been emphasizing superior service in every area and giving our employees the tools to deliver it. I am certain that you will notice.
AT TA and Petro, "full-service" and "UltraOne" mean that TA and Petro will never forget the most important part of our business is you. Our loyalty to you means that, as soon as you walk in the door, you should feel like the Ultra One customer.
Finer Dining
TA and Petro locations all across the country are getting updated. Sometimes the change is just a matter of brightening up an area, sometimes the restaurant gets a complete overhaul. We've added healthier menu choices to our offering and our new service initiative, called DayMaker Revolution, is designed to rededicate your wait staff, restaurant staff and managers to bring you the best, friendliest service on the Interstate.
Visit these newly renovated Country Pride and Iron Skillet restaurants:
Atlanta, Ga. Petro, I-285, Exit 12 at Donald Lee Hollowell Hwy.
Meridian, Miss. TA, I-20 & I-59, Exit 160
Gallup, N.M. TA, I-40 & Hwy. 66, Exit 16
Perrysburg, Ohio Petro, Ohio Tpke., Exit 71, I-280, Exit 1B
London, Ohio TA, I-70 & U.s. 42, Exit 79
Waterloo, N.Y. Petro, I-90, Exit 41
Coming soon:
Greencastle, Pa. TA, I-81, Exit 5
Girard, Ohio Petro, I-80. Exit 226 & Salt Spring Rd.
Wildwood, Fla. TA, I-75 at S.R. 44, Exit 329, MM330
Maybrook, N.Y. TA, I-84, Exit 5
Laramie, Wyo. Petro, I-80 at Curtis, Exit 310
Brookville, Pa. TA, I-80 & Rt. 36, Exit 78
Nashville, Tenn. TA, I-24, James Robertson Pkwy., Exit 48
Band Together
Thanks to all of our customers for helping fellow drivers in need
The holidays are a little brighter for truckers in need, thanks to the generosity of TA and Petro customers. In October, TA and Petro employees sold wristbands for $1 to benefit the St. Christopher Truckers Development and Relief Fund (SCF).
SCF was created three years ago in response to a growing need. While many drivers have serious medical issues that need attention, many don't have health insurance. Because they are on the road much of the time, they also don't have easy access to regular checkups. So, many don't get treatment until their problem is in an advanced stage, when treatment is more intensive and costly. Plus, time off the road means they are not earning income.
SCF helps those drivers in a number of ways, from direct payment for medical services to assistance with household expenses when income has been interrupted. Thanks to all for your generosity.
For more information on SCF, visit www.truckersfund.com.
Exceptional Techs
TA truck service technicians are collecting honors. Two Florida TA truck service technicians earned honors at Florida Trucking Association's first SuperTech competition. Top truck technicians from the state competed in a test of diagnostic and repair skills.
Ron Paxson, of the Wildwood TA placed first in Brakes and Brian Shafer of the Tampa TA placed first in Tires & Wheels.
Jerry Bodkins, from the Youngstown, Ohia TA won top honors in the Wheel End category at this year's national SuperTech competition in Orlando, Fla. Bodkins is no stranger to the annual contest that takes place during the Technology and Maintenance Council autumn meeting. In 2007, he won in the Tires & Wheels category.
TA/Petro sent 12 truck technicians to the national competition:
Mark Garrett, Spartanburg, S.C. TA; Lonny Herrington-Conner, Redding, Calif. TA, Bodkins, Michael Nihiser, Cartersville, Ga. TA; Justin Munoz, San Antonio, Texas TA; David Greenfield, Hudson, Wis. TA; Norbert Estrada, Lake Station, Ind. TA; Roy Wood, Prescott, Ark. TA; Charles Ralson, Eloy, Ariz. Petro; Josh Mattingly, Glendale, Ky. Petro; Ashley Hopper, Walcott, Iowa TA and Earnie Pavlovsky, Oak Grove, Mo. Petro.


text:
Scrima, former mayor Nelson, differ on Clarke Hotel's future in downtown Waukesha
Mayor calls city's loan 'high risk'; Nelson says it was 'the right thing'
Former Waukesha Mayor Larry Nelson was blunt.
Before the complex located at 314 W. Main St. in downtown Waukesha was renovated into The Clarke Hotel from a flop house, it was the eyesore of downtown Waukesha.
In fact, the city closed it in 2006 for building code and sanitary violations.
"It was a building that was literally falling apart," said Nelson on the renovated Clarke Hotel. "It wasn't a building at the center of your downtown that you could be proud of. And that was the No. 1 question I got when I ran for mayor in 2006. What were you going to do with it?"
What the city did was transform that facility into a high-end boutique hotel and upscale bar and restaurant in December 2008.
During the hotel's development phase, the city gave then-owners Drew Vallozzi and Andy Ruggeri two loans worth $1.5 million. One totaled $750,000 in development incentives through tax incremental financing that would be paid back by the increase in property value and a separate $750,000 interest-free loan to be paid back in room taxes.
However, since its opening, the hotel has had numerous financial problems. Last week the Sheboygan-based Community Bank & Trust, which financed two loans for The Clarke Hotel, filed for foreclosure in Waukesha County Circuit Court.
According to documents filed in Waukesha County Circuit Court, the defendants listed in the case are Bethesda Development II, LLC., and the City of Waukesha.
Property's unpaid taxes
The documents note that the hotel's two mortgages were for $2.1 million and $1.3 million and, according to tax records from Waukesha County, Bethesda Development owes $233,009.58 in taxes from 2011 and 2012. Its property taxes are more than $100,000 and it also owed interest and penalty fees from 2011.
This comes after The Clark Hotel and Black Trumpet restaurant was also late paying more than $100,000 in property taxes and almost lost its liquor license in 2010.
In 2011, D Mo's Pasta and Chop House, located inside The Clarke Hotel, closed after opening under new management following the Black Trumpet closing.
In the meantime, Vallozzi took over management when Ruggeri left in 2009. And the hotel's most recent general manager, Anthony Colletti, has also since left.
New business model
Mayor Jeff Scrima was also direct in his assessment of the situation. He agreed that the building needed a makeover, but he said he could foresee these problems.
"At that time before I became mayor (in 2010) I had publicly voiced skepticism of the project," Scrima said. "It was a high-risk investment on the city's part. Because of that, it's not surprising that we ended up at the position that we're at right now."
A position, he said, the hotel is in because of its business model, specifically the number of rooms (20 suites) in the hotel. Scrima said it does not make it profitable to operate like that in the long run.
"A brand new business model will need to be done," Scrima said. "But currently, our city staff is aggressively putting together a plan to create a solution which would get the lights back on in that building as soon as possible. That solution would probably involve a repurposing of the building and new third-party ownership."
A call for new ownership
While its website was suspended earlier in the week, the hotel has remained open amid the legal battle that has surfaced.
And Nelson would like to see it remain that way.
"Despite its current troubles, everyone can see how beautiful the renovations are and that's why I'm so hopeful that it can be successful in the future," Nelson said. "I feel strongly that the city helping in that renovation was absolutely the right thing, and I've seen it happen before where original ownership and managers might not be successful, then the new owners come in and then it becomes successful.
"Hopefully, this is just a bump in the road."
Officials talk city's involvement
Nelson added that the renovations of The Clarke Hotel attracted other businesses in the last few years to relocate to downtown Waukesha.
"There's no question that the renovation would not have happened without the TIF and I know for a fact other downtown businesses chose to come to downtown Waukesha," Nelson said. "People's Park and others were influenced by those renovations and that was a key catalyst in the renaissance of our historic downtown, which is continuing to this day."
Scrima said The Clarke Hotel was one of many contributions to the renaissance of downtown. He added that using TIFs in general aren't the problem, but added that "transforming that building could have been done differently without tax-payer money."
Still, the mayor called the building "beautiful and high-quality."
"We are committed to continue the positive momentum of downtown, in spite of this hiccup with The Clarke Hotel," Scrima said. "We're going to take this failure and bring new life into it. It might be painful but with the right planning we can and will turn that building around and better than it ever was before."
More from News and Features
- Waukesha Plan Commission OKs charter school expansion plans for La Casa de Esperanza
- Waukesha Community Briefs: Night Out info, food drive and more
- Now You Know: Where were Waukesha's movie theaters?
- New Latin American restaurant Arepanitas opens near downtown Waukesha
- Waukesha newspaper website is changing
- Waukesha police report: July 28, 2016 issue
- 2016 Waukesha County Fair coverage
- Our Fair Ladies Blog: Video: Animal races, 4-H and a geese champion at the Waukesha County Fair
- Unpaid fees could keep Waukesha students from graduation ceremonies
- Waukesha South open art studio gives students opportunity to create


text:
BOWLING GREEN, Ky. (WBKO) - Hard work inside the classroom is paying off at Bowling Green High School. For the 3rd consecutive year The Washington Post has named the school one of "America's Most Challenging".
Principal Gary Fields says the honor goes along with their college and career readiness program.
"Our goal is to get kids prepared for whatever they want to do when they leave Bowling Green High School. If it's enroll in a four year school, two year school or go straight to a career. So this is just one aspect of preparing kids," says Fields.
To make the list the number of students taking advanced placement courses is considered. At Bowling Green High 31% of the student body is. In fact, a number of students who walk down the stage and on to college will have enough credits to be considered a sophomore.
"It gives them an opportunity to really start getting in to major classes earlier, which is more high interest for them because they don't have to take as many electives. It also gives them some flexibility because school is less expensive and they can graduate in four years," says Fields.
AP english teacher Ada Skillern says making the cut as a "challenging school" is a win for the entire district.
"It is such a rich reflection of their entire school experience from the time they are starting to learn to read and write," says Skillern.
As many begin their journey in higher education they don't forget about their hard work in the past.
"Some of the greatest evidence or rewards are when our students come back after they have left us to provide testimonials to the current crop of kids and give them that vision into the future," says Skillern.
According to The Washington Post that future may look a little brighter for those at Bowling Green High.
1,900 schools made this year's most challenging list. Bowling green was one of only 12 in Kentucky and the only in our region. To see the complete list click the link below.


text:
Don't Smoke! Essay 20
Please use for reference only.
Frances DeMasi Middle School, Marlton, NJ
Last Modified: November 1, 2001
When I was in second grade four years ago, I came home from a sleep over. My mom, who had picked me up early, was about to tell me something I will never forget. She told me that the night before, my father had died.
Millions of thoughts ran through my head then. The thoughts weren't questions, they were memories and predictions of what was to come. I didn't have any questions because I understood why my father had died. I had even predicted that it was going to happen soon. I knew because my father had been smoking and drinking. These two deadly habits are what took my father's life away from him and me. This is why I'm never going to smoke or drink.
Smoking is a deadly disease, but you don't always have to be the one puffing the cigarette to be affected. If you are constantly around someone who smokes a lot, then you can be exposed to cancer by second-hand smoke. Second-hand smoke is almost just as bad as smoking first hand. In fact, I feel it's worse because the person who is affected, sometimes never even touched a cigarette and never would, yet they can die from it. So you see, it's important that every individual makes it their responsibility to not smoke because it's bad enough if they don't want to save themselves, they could at least spare the lives of the people around them.
Although you cannot affect someone else physically by drinking as second hand smoke does, you can severely hurt yourself. When you start to drink heavily, you can become addicted to the alcohol and you won't be able to stop. It's the same with cigarettes too. Soon you won't be able to pay for the cigarettes or the alcohol. And not to mention what damage it could do to your health! Your lungs get black, you're always coughing, and you can die from all kinds of cancers and heart diseases.
Also, think what your parents would say if they found out you were doing that kind of stuff? Do you think you'll be able to hide it? No Way! Your teeth will become yellow and you and your clothes start to stink. Plus, if you try to hide in your room when you smoke, your walls will become yellow and dirty. So is all that really worth it?
Now you may think if someone asked you to smoke or drink alcohol, you would automatically say no. You probably think this because we have learned so many things about smoking and the deadly problems it can cause. But think again! Don't you want to hang out with the so called "cool kids"? Don't you want all the kids to think you're popular? What would you really say? You're having second thoughts now, right? That's the problem. Too many kids are unprepared when they are asked to smoke, do drugs or alcohol. You have to choose now what you want to say. You can't wait until you're "put on the spot" to decide. If you wait, then you'll do what any human would do when put under pressure. You'll panic. Once in a panic, you can't think straight and will do what is easiest--give in. But, if you decide what you are going to do now, then you can stand strong on your choice and you won't have any trouble answering. So whether you choose to decide to do it or not, that's up to you. I only hope you do the right thing and just say NO!
By D.K.


text:
Print this page
Product Reviews
Double-Border Sisal Rug
Sisal rug. All natural area rug made from sisal natural fiber with a contrast cotton double border. Choose the low maintenance sisal rug in several different size options and colors to find the perfect one for your floor space. Sisal is stronger and more durable that most natural fibers. Sisal does not build up static or trap dust, making it ideal for allergy sufferers. Rug grip recommended (sold separately). Professionally clean. Imported. Simple, elegant and durable, our all-natural sisal rug complements any home décor with its wide-ranging appeal. Designed with a coordinated double border, this casual-chic sisal rug makes an instant impression with a contrasting white stripe for distinctive style. The rugs are perfect for any room in your home. Perfect for high-trafficked areas, our environmental friendly sisal area rugs are made from the highest-grade fiber of sisal plant. Simply sophisticated, the rugs don't build up static or trap dust so they're also low maintenance compared to most rugs and a good choice for allergy sufferers. Choose our must-have sisal rug in several different beautiful colors and size options, including a runner for hallways. Pair the sisal rug with a rug grip (sold separately) to protect both your rug and your floors. Rug grips help to prevent bunching, color transfer, movement on floors and more. We sell rug grips to match every size of rug we carry. Need help finding the perfect rug? Check out our rug guide to take the guesswork out of choosing the right rug for your floor space. Due to the size and weight of our larger items, special care and handling is required. Therefore, an additional shipping charge of $25.00 will be added to the 8x11' rug
Customer Reviews for
Double-Border Sisal Rug
This product has not yet been reviewed.
Click here
to continue to the product details page.


text:
I really think I've heard it in some American sitcom/sitcoms, meaning something like participating in. "I want to play football. Who's in?" — "Great idea, I'm in!" Does it really exist, or am I wrong? I've tried to search for it, without any result.
Sign up
- Anybody can ask a question
- Anybody can answer
- The best answers are voted up and rise to the top
The phrase "Who's in?" does exist in very informal English, at least in American English. It is equivalent to saying "Who wants to participate in X with me?" It is not used very often, at least in my experience. However, people will understand what it means if you say it in conversation. For example, if you wanted to get food:
Yes, these phrases exist.
Also "I'm out" for declining.
"I'm in and (more often) "I'm out" are used a lot in the British television programme Dragon's Den where, after hearing a pitch, investors decide whether they wish to invest or not.
"I'm in" is an alternate form of "count me in" which means "include me". This is similar to the poker phrase "deal me in", but I don't know which came first or if one was derived from the other.
Similarly, "I'm out" is an alternate form of "count me out" which means "exclude me". On a related note Dictionary.com says that "count out" is also a boxing term referring to when a boxer loses because he has been knocked down and can't get up before the referee finishes a 10-second count. I would guess that the boxing term was developed independantly of the "exclude me" meaning.
I'm Italian, I don't remember if I learned this in school or by seeing movies/tv series, but I always believed it was a common way of saying, that it was used normally. I don't find it old at all! It's funny to read that you don't use it that much...
protected by tchrist Aug 13 '14 at 14:48
Thank you for your interest in this question.
Because it has attracted low-quality or spam answers that had to be removed, posting an answer now requires 10 reputation on this site (the association bonus does not count).
Would you like to answer one of these unanswered questions instead?


text:
Easy Chicken Soup Recipes and Chicken Stew Recipes
Warm up with one of these hearty chicken soup recipes and chicken stew recipes.
Few things are more satisfying on a chilly night than a hearty bowl of chicken soup or chicken stew. Quick Coq au Vin tastes rich and hearty without the long cooking time—perfect for easy entertaining. With leftover roast chicken and a few pantry staples you can make Chicken & White Bean Soup in less than 30 minutes. Full of hearty greens and lots of fresh ginger, Hawaiian Ginger-Chicken Stew makes a great cold-weather tonic. You'll love these new recipes for making chicken soup and chicken stew. Download a FREE Slow-Cooker Chicken Recipes Cookbook!


text:
I just couldn't bring myself to the nearly $1000 with all the bells. I decided to put together my own. I have the shop with all the tools to do this. I was in the process of ordering materials and some off the shelf parts when I found the NN 3 mkII. I put all my material purchases on hold and did some quick cost analysis.
The result: I can't even buy the materials for an indexed head nodal panoramic head for what I just paid for the NN 3 mkII. Thats not counting what my time is worth to do all the machine work to put one together. For example the Manfrotto 300n indexing head currently sells for $180. Then you need 3 sliding rails and another way to index the upper head for multi-row panographs.
PS I used to do all this in the old days with a tripod with 360 degree markings and a long long long.... time in the darkroom !
Thanks for a great product(NN 3 mkII), digital camera's, and pano software.
I be posting photos soon.


text:
I have 2 ESRI feature layers on my map; points and polylines. I can select them just fine either by rectangle or polygon. What I am missing is how to highlight (larger size and different color) the selected points and polylines for display. Do I need to create new layers with just the selected features and use a renderer or place a graphic container on the map with those features highlighted? The ultimate goal is to have the selected and highlighted features available for deletion.
Using ArcEngine and ArcSDE. C# .NET.
Thank you.


text: Out of all the anime animals I have listed, there is one that is missing to make the style complete. Although I have to say that drawing animals can be a tricky thing to get right. This tutorial will show you an easy way to learn "how to a cute pig, step by step". I know in the picture there is only one pig, but all you have to do is draw a few, and you will end up with "pigs". The style of this animal came out looking pretty epic and and it is also supposed to match the anime animal series I already have started. The first drawing from the series was the anime puppy, and the anime kitty, then so on and so forth. This piggy has a full sized head, and a super small body to make him/her look even more adorable. The cutest thing about pigs is their noses and sometimes floppy ears. The lesson is pretty simple, making it easy for you to tackle drawing a cute pig with little or no confusion, and or difficulty. I have some more drawings to submit and one of them is a character from Resident Evil. I figured Leon Kennedy shouldn't be all by his lonesome. Well that does it for this tutorial, I will be back in a bit with more drawing fun. Peace out people, and have a happy piggy day.


text:
WHEELING - It was evident pretty early Wednesday night that it was going to take an extraordinary effort to beat Kalamazoo goaltender Joel Martin. The pucks that weren't finding their way into his pads somehow, whether it be off the post or a defenseman's stick, managed to stay out of the back of his net.
But in one fell swoop, and perhaps there was no better example of the Wheeling Nailers' never-say-die attitude on this night, Zack Torquato flipped the script inside WesBanco Arena.
Torquato broke in on Martin shorthanded and was hooked down, but sliding on his back Torquato somehow managed to sweep the puck into the net for the tying goal - his eighth of the season - at the 13:54 mark of the third period. He then added the winner in the shootout as the Nailers (29-26-11 - 69) kept their slim playoff hopes alive with a 2-1 victory against the Wings (32-28-6- 70).
Article Photos
WHEELING'S Peter Lenes shoots the puck on net during Wednesday's game against Kalamazoo at WesBanco Arena. The Nailers won in a shootout to keep their playoff hopes alive.
Unbeknownst to Torquato and his teammates, Toledo had already won prior to their own game heading to the shootout. Had the Nailers come up on the short end, the Walleye would have clinched the final spot in the Eastern Conference. As it stands, a single loss in their final six games will result in elimination from the postseason. The Nailers must win out and hope Toledo loses two of its next four, resulting in a winner-take-all matchup at WesBanco Arena on the season's final day.
''If nobody else believes we definitely do, and that's all that matters,'' Torquato said. ''We've got a great group of guys and I would love nothing more than to win with these guys and make the playoffs.''
Torquato's equalizer was the result of some quick thinking on his part.
''(Matt) Germain had a good forecheck on the play and I read that it was a forward back on defense, so he might have been a little shaky,'' Torquato recalled. ''He coughed up the puck and as I was falling and I shoveled it to the net and it went in.''
It then came down to a battle of the goaltenders, and Wheeling's Scott Darling edged Martin, who had stopped 38 of 42 shootout attempts coming in. Darling turned aside 21 and four of the five K-Zoo chances, while Keven Veilleux, who had a monster night with a game-high six shots, also got the puck past Martin.
''For me personally, I was pretty upset I let in a bad goal,'' Darling said of Joe Charlebois' third of the season at 13:25 of the first.
That mistake loomed large since the Nailers were throwing everything but the kitchen sink at Martin, who made 33 straight saves before finally being beaten.
''I saw that happening and Joel Martin's a great goalie,'' Darling said. ''He's having a great season and has had 40-save shutouts this year.
''We got a couple unfortunate bounces but I knew if we just kept going we would get one.
''I finally got a shootout win and I was pretty happy about that.''
Wheeling hopes to provide Toledo with an uneasy feeling when it heads to Trenton for a pair of games Friday and Saturday night. The Walleye are at Kalamazoo on Friday, then play host to Eastern Conference-leading Reading on Saturday and Sunday.
''Some of those guys have always been in the playoffs and they don't know what it's like not to be in the playoffs,'' Nailers coach Clark Donatelli said. ''They're working hard and really believe they can do it.
''We've just got to keep winning and we'll see what happens.''
Still, just one loss puts an end to it all.
''Right now we're just focusing on Trenton,'' Torquato said. ''So we'll go in there and hopefully keep rolling.
''You can't look at the big picture right now because you don't want to lose focus on the game we have.''
Kalamazoo1 0 0 0 - 1
Wheeling0 0 1 0- 2
1st Period-1, Kalamazoo, Charlebois 3 (Karlander, Shelast), 13:25. Penalties-No Penalties
2nd Period- No Scoring.Penalties-Corcoran Whl (delay of game), 6:31.
3rd Period-2, Wheeling, Torquato 8 13:54 (SH). Penalties-Orlando Whl (roughing), 12:55.
OT Period- No Scoring.Penalties-No Penalties
Shootout - Kalamazoo 1 (Sirota NG, Grenier G, Mallet NG, Armstrong NG, Lysak NG), Wheeling 2 (Crowder NG, Veilleux G, Barton NG, Torquato G, Lenes NG).
Shots on Goal-Kalamazoo 10-3-9-0-0-22. Wheeling 12-14-10-1-1-38.
Power-Play Opportunities-Kalamazoo 0-2; Wheeling 0-0.
Goalies-Kalamazoo, Martin 29-23-4-2 (37 shots-36 saves). Wheeling, Darling 11-11-1-2 (22 shots-21 saves).
Referee-Marc-Andre Lavoie (9); Linesmen-Brian Oliver (36), Ryan Daisy (64).


text:
I have been using Ubuntu for more than two years, and as I check more and more web servers I'm discovering that they are using CentOS.
Is there any particular reason why this is the case?
I have been using Ubuntu for more than two years, and as I check more and more web servers I'm discovering that they are using CentOS.
Is there any particular reason why this is the case?
CentOS is line-for-line the exact same code as Red Hat Enterprise Linux, except RHEL costs $$ to purchase and CentOS is free. Basically, you get one of the most widely respected enterprise-class operating systems with security updates for free, sans a support contract.
While many GNU/Linux based servers do use CentOS, many still use other options, professionally I use Debian for workstations and servers. Other suitable options would be Ubuntu Server (LTS), ArchLinux, or Slackware.
One reason that my employer didn't go with CentOS, was it wasn't around then, and White Box Linux which was available appeared based on a small group of contributors. At the time Ubuntu didn't have a server edition as far as I recall, and hadn't launched their Long-Term-Support releases, so we went with the long time stable, albeit slow release process of Debian.
The major rationale behind using CentOS or Red Hat Enterprise Linux (versus Fedora Core), or Ubuntu Server LTS or Debian stable (versus Ubuntu desktop latest) has to do with release schedules, and support (updates) lifecycles.
With the deployment of a large number of systems, in particular a large number of servers where uptime and availability is of prime important, doing a major version upgrade every six months is a lot of work, particularly is you have servers co-located, or a widely dispersed (e.g. nationally across the US, Canada, and/or India) network. So one of the goals becomes maintaining support over a longer period of time, while being proactive with security updates, and trying to strike a balance in regards to supporting new devices (e.g. new CPU model, new motherboard chipset) that newer systems may be based upon. A lot of companies have taken to life-cycling enterprise hardware ~3-4 years, which matches the longest regular manufacturer & OEM's warranty term. Of course, some try to combine new hardware purchase with new OS upgrade if possible to reduce effort. Thus GNU/Linux distributions with longer support periods tend to win in usage preferences.
I believe one reason that CentOS is commonly found in the server environment, is that is work-alike to Red Hat Enterprise Linux, which many 3rd-party training courses base their Linux training upon, so system administrators are familiar with RHEL and CentOS specific configuration file layout and included configuration GUI front-ends.
I hope that answers some alternatives distributions that you will also find on servers, as well as some of the rationale behind the decision process in general.
Short answer: CentOS is a free recomplilation of Red Hat Enterprise Linux (RHEL) from the source Red Hat provides.
RHEL is regarded as a good choice of Linux in a corporate IT environment because:
Given the corporate adoption of RHEL, 3rd-party software companies started writing code to run on it - which led to a closed loop (more software, more adoption of RHEL, larger market, more software...)
Interestingly, Red Hat maintains a corporate attitude of respect for the GPL spirit, which means that, although they are aware of CentOS, they didn't complain much except to request that all Red Hat logos, etc, be removed from CentOS - perhaps to prevent CentOS users/admins from asking for support from Red Hat. Red Hat isn't interested in providing support for individuals or low-budget organizations. Maybe it's not cost-effective for them.
Also, many admins use CentOS because it plays nice with Server Management tools such as cPanel, Plesk, DirectAdmin, etc.
There are different priorities for desktop OSes vs Server OSes, and admins are picking based on which one they think is the best choice for the particular job. And probably also to some degree which one they know best - and RH has been around longer than Ubuntu.
Red Hat is one of the most popular business Linux distros. Fedora is nice, but Fedora is bleeding edge. There are bugs and issues that you'll have to deal with there that you'd never have to deal with with RHEL. Enter CentOS, which attempts to achieve the stability of RHEL with the openness of Fedora.
Just as a note, there's no harm in using Ubuntu Server. If you're familiar with Ubuntu on the desktop then you will be familiar with the server version, too (using


text:
- Shop By Brand
- Babolat Racquets
- Head Racquets
- Prince Racquets
- Wilson Racquets
- ASICS Racquets
- Boris Becker Racquets
- Dunlop Racquets
- Gamma Racquets
- Genesis Racquets
- Pacific Racquets
- Pro Kennex Racquets
- Solinco Racquets
- Tecnifibre Racquets
- Volkl Racquets
- Yonex Racquets
- Junior Racquets
- Pickleball
- Racquet Covers
- New 2016 Tennis Racquets
- Pre Order
- Recently Reduced Racquets
- Pre Owned Racquets
- Men's Apparel
- Women's Apparel
- Boys' Apparel
- Girls' Apparel
- Team Gear
- Caps and Visors
- Socks
- Junior Shoes
- Bags
- Backpacks
- Clearance Center
- Super Clearance
- Accessories
- Backboards
- Ball Machines
- Books
- Court Equipment
- DVD & Videos
- Gift Cards
- GoPro Cameras
- Grips
- Grommets
- Memorabilia
- Nutrition
- Posters
- Pickleball
- Sheets by Sheex
- Shoe Accessories
- Sports Medicine
- Stringing Machines
- Strings
- Sunglasses
- 10 And Under Tennis
- Tennis Balls
- Tennis Express Products
- Towels
- Watches
- Gifts
- Australian Open
- US Open
- Olympics 2016
- Shoe Sale
- French Open
- Wimbledon
- Super Sales
- Kids' Tennis
- Outerwear
- Top Tennis Shoes
- Sensors
- Promotions
- Shop By Player
- Specials
Tecnifibre T Fight Tennis Racquets
The Tecnifibre T-Fight tennis racquet series is geared towards the serious, competitive baseline player. If you are a patient player who likes to grind out points from the backcourt, there is a Tecnifibre T-Fight racquet for you! Although Tecnifbre T-Fight rackets are created for baseline players, their effectiveness at net is uncompromised. Players will be able to hit precision shots from all areas of the court. Tecnifibre T-Fight tennis rackets use Texalium, a strong, lightweight material, to reinforce strategic points of the racquet. This provides additional stability, as well as dampening vibrations to improve comfort. Tecnifibre T-Fight rackets also take advantage of a square beam cross-section to provide additional control.
The Tecnifibre T-Fight 320 racquet is a traditional player's racquet with a hefty feel. Weighing in at 11.8 ounces, the racquet still remains maneuverable with its head-light balance. The Tecnifibre T-Fight 335 racquet is even more control oriented than the T-Fight 320. It weighs in slightly heavier at 12.4 ounces and also has a head-light balance to provide a solid feel while still remaining maneuverable. Both Tecnifibre T-Fight racquets come in both a 16x20 and a 18x20 string pattern, providing more spin and power or more control, respectively.
No items currently available.
See any errors on this page? Let us know


text:
Weir High Class of 2015 parents set to meet Wednesday at school
WEIRTON - The Weir High School Class of 2015 Parent Group will meet at 6 p.m. Wednesday in a classroom adjacent to the high school cafeteria.
The group will discuss spring and fall fundraisers. All parents are encouraged to attend.
For information, contact Debbie Larch at (304) 723-1368.
World Day of Prayer is Friday
WEIRTON - Church Women United is sponsoring a World Day of Prayer at 1 p.m. Friday at the First Christian Church located on Main Street.
The theme is "I Was a Stranger And You Welcomed Me." A tea will immediately follow the celebration. The church women will be collecting cleaning supplies and paper goods for the Weirton Christian Center as their World Day of Prayer project. Joyce Summers is the coordinator, and Karen Tate is the unit president.
Parker to demonstrate craft
WHEELING - Larry A. Parker of Belmont, Ohio, a hand engraver and custom rifle builder, will be exhibiting and engraving onsite from 10:30 a.m. to 5 p.m. Friday through March 6 at Cabela's Gun Library located on Dallas Pike.
He will be engraving using a hammer and chisel and have an exhibit of his work, including embellished and engraved shotguns, rifles, handguns, presentation-grade black powder rifles, knives and tomahawks. Parker also does woodwork, checkering and stockwork on his arms.
He has had his work featured on the cover of national magazines and is one of two living hand engravers to have multiple pieces in the Buffalo Bill Historical Center in Cody, Wyo.
Parker has 55 years of experience in engraving firearms and is one of 330 engravers in the Firearms Engravers Guild of America.
Cup of Life holding coffee house
WEIRTON - Cup of Life Ministries will host a Christian coffee house for women from 6 p.m. to 8 p.m. Friday at the Marland Heights Community Church located at 3900 Bright Way.
There will be refreshments and beverages with free childcare for children in prekindergarten through fifth grade. Tina Schoolcraft leads Bible studies. Those needing childcare are asked to register in advance by contacting Joanne Redd at (724) 573-0333 or email@example.com.
Retired school employees to meet
WELLSBURG - The Brooke County Association of Retired School Employees will meet at 11:30 a.m. March 13 at Brooke High School.
Sharon Cuomo will preside over business meeting immediately following the luncheon. The Brooke Madrigal Choir will perform.
All members and newly retired employees are encouraged to attend. To make a lunch reservation, call Ruth Lewis at (304) 737-2314 or Dottie Cooper at (304) 737-1697 by March 6.
Women in Action meet
STEUBENVILLE, Ohio - Women in Action Against Cancer Coalition met Feb. 6 at Manfred's Restaurant after a one-month hiatus.
In December, the group held a Christmas bingo for Urban Mission Ministries clients at Quinn Memorial AME Church and a cancer awareness briefing.
Donations were received from Steubenville High School, Riesbeck's and the Ville Restaurant. A donation in memory of Lonny Ross was given by Nick and Donna Ivkovich.
George Komar gave a presentation on the third-annual Campbell-Dickinson St. Patrick 5K Run/Walk and Kids 1K hosted by the Toronto Coalition for Revitalization which will be held March 16 in Toronto, Ohio. Members were reminded to bring items for the yard sale that will be held April 5-6 at Manfred's. The next meeting will be held at noon on March 6.
Gorzkie Zale service scheduled
WHEELING - A Gorzkie Zale, or Lenten Lamentations, service will be held at 2 p.m. March 10 at Our Lady of Perpetual Help Ukrainian Catholic Church located at 4136 Jacob St.
The church is handicap-accessible, and all are welcome. For information, call (304) 281-1337.
Preschool accepting registrations
WEIRTON - The Marland Heights Preschool is accepting registration for the 3- and 4-year-old classes. Space is limited. Call (304) 748-4897 or (304) 914-6676 for information.
Stilettos & Steel aids Easter Seals
WHEELING - Stilettos & Steel will be held from 7 p.m. to 10 p.m. at Wheeling Island Hotel, Casino and Racetrack.
The Easter Seals fundraiser will include music and food. Tickets are $25 for one drawing entry; $50 for one drawing entry, one party entry and one drink ticket; and $100 for two drawing entries, two party entries and two drink tickets.
Checks can be made payable to Easter Seals. For information, call (304) 242-1390.
Our Lady holding
pork dinner
WHEELING - The Our Lady of Perpetual Help Ukrainian Catholic Church's Apostleship of Prayer group will hold a roast pork dinner from 11:30 a.m. to 4:30 p.m. March 10 at the church located at 4136 Jacob St.
The meal includes roast pork, mashed potatoes, green beans, coleslaw, applesauce, bread, dessert and coffee or iced tea. The cost is $8 for adults, $4 for children 10 and under and free for children under 5. Carry-out and eat-in are available.
For information, call (304) 232-1777.
Park Friends
hold drawing
WELLSBURG - The Friends of Brooke Hills Park Committee held a drawing for a 50-inch flat screen television to fund a lift chair for the park pool.
The drawing was held Jan. 27, with Jason Ferguson of Wellsburg holding the winning ticket. Friends Committee members, park board members and employees and supporters sold tickets, raising $3,300 toward the $15,000 cost of the chair lift.
The Friends Committee is a newly established nonprofit organization dedicated to assisting the park in offering recreational opportunities to the community.
Shriners holding
STEUBENVILLE, Ohio - The Steubenville Shrine Club will hold a fundraiser pancake and sausage breakfast on Saturday from 7 a.m. to 10 a.m. at Applebee's.
Cost is a $5 donation for the breakfast that includes pancakes and sausage, juice and drink. Tickets are available at the door or by calling Jerry Williams at (740) 264-4921 or any club member.
The wives of Shriners are selling tickets for a drawing for a signed painting by Richmond artist Dave Barnhouse entitled "Andy of Mayberry." Tickets are $2 for one or $5 for three.
The winning ticket will be drawn after the breakfast.
The Steubenville Shrine Club is dedicated to helping area children that have been burned or are in need of medical care at no cost to the families, according to a club spokesperson. The club provides transportation for the children and their families to and from the Shriner hospitals. The state organization, Aladdin Shrine Club, incurs the cost of the medical treatment, meals and gasoline.
The pancake breakfast is the club's only fundraiser.
Gadabouts crown
Valentine royalty
STEUBENVILLE, Ohio - The Gadabouts crowned Nial Pashke and Doris Matyas as their 2013 Valentine king and queen at the February meeting where Dave Watkins provided the entertainment with "It's Martini Time," a tribute to Dean Martin and his pals.
John Zak presided and recognized birthdays and anniversaries as well as members on the prayer list. Bob Moffat gave devotions.
Zak introduced new members Robert Williams, Jasper and Betty Wamsley, Rose Marie Harlen, Lester Stuckmeyer, Douglas and Shirley Barnette, Shirley Ohalek, Donald and Janice Roush and Joanna Bretell.
Ellen Hunt won the 50/50 drawing. Door prizes that were furnished by Norm and Marion Moore were won by Larry and Patty Basil, Marion Moore, Paula Krensavage, Dino Rossi, Jim Stanko and Tim Thomas. Tickets for the prizes were distributed by Frank and Carol Wiznieski.
Tour director Claudia Clevenger announced bus trips as follows:
For trip details, contact Claudia at (740) 264-5678.
For trip details, Regina can be reached at (304) 723-0419. All Gadabouts trips are open to non-members. The Gadabouts club is for couples and singles 55 years of age and older.


text:
No surprise here Imagine that Massachusetts and federal authorities say the brothers suspected of the April 15 bombing during the Boston Marathon, and then engaging police in firefights, did not have permits for their guns. In fact, the surviving suspect, Dzhokhar Tsarnaev, was too young at 19 to apply for a permit, let alone get one. Gee, criminals not obeying gun-control laws. Just like Adam Lanza, James Holmes, Wade Michael Page, Eduardo Sencion, Jared Lee Loughner, Omar Thornton, etc. Can you believe it?
Read more of this story and more!
7-Day Subscribers have FREE access to everything on rep-am.com and our E-Edition.
CLICK HERE to register and activate your access,.
Not a subscriber?
You can purchase a single-day subscription for only $0.75 to read this and access all of our content and our E-Edition.
CLICK HERE purchase a single day subscription.
Become an electronic subscriber to the Republican-American for only $8 a month. CLICK HERE.
Follow Us
Post a reader commentWe encourage your feedback and dialog.
Please be civil and respectful.
If you're witty, to the point and quotable, your reader comments may also be included on the Around the Towns page of The Sunday Republican.
Readers must be registered and logged in to post comments on the site. Registration is free. Click Here to register.
A Subscription is not required to post comments only a Registration.
Log In
|Register / Forgotten Password?


text:
How does one correctly use a semicolon? It is probably one of the more difficult punctuation marks to master in my opinion.
Sign up
- Anybody can ask a question
- Anybody can answer
- The best answers are voted up and rise to the top
Yes, it is so complicated that you want a clear, concise, and humorous but useful explanation like this:
If you'd used a comma in this sentence, it would have resulted in a comma splice. If you'd used a period, you'd lose the connection between the two clauses.
Simply put, a semicolon connects two complete sentences that are strongly related. By doing so, the length of the pause between the two is shorter as compared to a period.
If you are unsure whether or not to use a semicolon, the safe bet is to avoid it; replace it with a period instead. Bear in mind that you can never exchange a semicolon with a comma or vice versa.
I would advise that you should just learn by reading, especially more thoughtful and observing books, not quick and just-the-facts ones. It is indeed a harder punctuation mark to master and will take a while; soon though it will seem very natural and instinctive where it should come. Do not, I repeat Do not (many at first attempt this), try and force the use of it, or reconstruct perfectly fine sentences in an effort to include it - it will always come out awkward and make it worse.
Simply, as another answer says, it links two sentences, or better, statements. I disagree somewhat, because often it would seem nonsensical to keep them separated by commas; in this case people who don't like to use, or have little experience in, using semicolons tend to just make it a comma. Semicolons are, as you say, quite precise punctuation, and can usually be made into, at the expense of rhythm and cadence, a full-stop or comma. It usually depends on the style, context and purpose of the writing. Often in very factual and fast-paced prose, there is virtually no use of them at all; you just want the facts, one by one: you're not reading for enjoyment or being persuaded, therefore there is little need for rhythm, etcetera. Here, don't try and use one for the sake of using one. In longer, more meditative and thoughtful writing, it is sometimes used nigh on every sentence, eg. in Walden (indeed the full title is 'Walden; or, life in the woods' - a very good book, not just for learning how to use a semicolon). I know some who seem to think that this 'factual' mode of writing is merely modern - fast-paced writing for a fast-paced way of life; the semicolon belongs in the literary domain of the 19th century. I think this is completely untrue - it is vital for expressing a train of thought clearly. The usually sound advice of On Writing Well by William Zinsser is of this opinion and that one should instead 'rely on the period and the dash', but I think it is because he writes mainly nonfiction.
Oddly enough, the semicolon should be used exactly as its appearance suggests - something between a period and a comma; you use it when a period would be too strong and a comma too weak. Read the works of Charles Dickens and Edgar Allen Poe to see it used heavily in practice.
Semicolons are somewhat difficult to work with simply because they're used very rarely. There are two cases when you can more or less always use them. If you wish to join two longer sentences loosely and use the word "therefore," "however," or "indeed" then a semicolon works well.
"The steak at the restaurant there is absolutely the best in town; however, if you like your meat done you almost have to ask for it burnt to a crisp."
"I brought my car to the garage to get new shocks and breaks; indeed, I have needed to do so for quite some time."
The truth about the semicolon, however, is that you can drop it in favor of a period. In writing, then, I find that the only time I ever use a semicolon is when I want to keep two sentences softly linked together for the reader's benefit. It says "these two ideas together are more important than they are apart." In technical writing, I find that I need longer, more detailed sentences, and I need some middle ground between a period and using the common conjunctions "and" or "but"; those can make a sentence come across as too wordy. [Note: Previous sentence is a good example of how I use semicolons.] The common conjunctions may not work at all (e.g., run-on or nearly run-on sentences) if your sentences have multiple phrases and clauses, too. In the end, find I use a semicolon when I can't use a common conjunction and I don't want to use a period.
If you're ever in doubt, though, just make two sentences.
George Orwell believed the semi-colon could be retired completely, and replaced with either a comma or a period. I might add the long-hyphen as a third alternative, but I am not dogmatic; and surely the semi-colon is sometimes handy--especially if you use the long-hyphen a lot, as I do...


text:
Apart from images of representations of subgroups of SU(2), what are the Lie subgroups of SU(3)? Where should I look for a reference?
A first approximation to an answer is to determine the Lie subalgebras of $\mathfrak{su}(3)$. Here is their Hasse diagram with edges denoting inclusions. One can work this out iteratively by working out the maximal subalgebras and this follows from Dynkin's work.
The notation $\mathfrak{so}(2)_{[\alpha,\beta]}$ means one element of the pencil of one-dimensional subalgebras of $\mathfrak{so}(2)\oplus \mathfrak{so}(2)$ and $\mathfrak{so}(3)_{\text{irr}}$ is a subalgebra which acts irreducibly on the 3-dimensional irreducible representation.
This is essentially just a slower walk through José's diagram.
I'll assume you're interested in closed, connected subgroups $G\leq SU(3)$. I'll write $V$ for $\mathbb{C}^3$ regarded as a faithful representation of $G$ via the inclusion in $SU(3)$. If $G$ is abelian then we can decompose $V$ as a sum of three one-dimensional representations, say $V=V_1\oplus V_2\oplus V_3$, and then $$ G \leq SU(V)\cap (U(V_1)\times U(V_2)\times U(V_3)) \simeq U(1)\times U(1). $$ All remaining questions about the abelian case are now easy, so I'll assume that $G$ is nonabelian.
Now consider the rank of $G$, ie the dimension of its maximal torus. As $G$ is nonabelian and contained in $SU(3)$ the rank must be one or two.
If the rank is one, then it is standard that $G$ is isomorphic to $SU(2)$ or $SU(2)/\{\pm I\}\simeq SO(3)$. Let $W_1$ denote the standard two-dimensional representation of $SU(2)$, and let $W_2$ denote the symmetric tensor square of $W_1$, which has dimension $3$. The action of $SU(2)$ on $W_2$ factors through $SO(3)$. The only irreducible representations of $SU(2)$ of dimension $\leq 3$ are $\mathbb{C}$, $W_1$ and $W_2$. It follows that one of the following holds:
Suppose instead that the rank is two. This means that any maximal torus in $G$ is also a maximal torus in $SU(V)$, so $G$ is a parabolic subgroup.
Suppose that $V$ is reducible as a representation of $G$. This implies that there is a one-dimensional subspace $L\leq V$ that is preserved by $G$, and thus that $G$ is contained in the image of the homomorphism $\phi:U(L^\perp)\to SU(V)$ given by $$ \phi(g)=g\oplus(\det(g)^{-1}.1_L) $$ As $G$ is connected and nonabelian of rank two, I think it has to be the whole image of $\phi$.
Suppose instead that $V$ is irreducible. I think it then follows from the standard story about parabolic subgroups that $G$ is all of $SU(V)$.
U(2) is also a subgroup of SU(3). It is missing in the answers above. Probably people mean U(2) when they write SU(2)xU(1). But U(2) is a genuine subgroup of SU(3).


text:
Mother's Day Brunch Recipes (Slide 11)
(Slide 11 of 42) Start at the beginning | View recipes as list
Recipe: Lemon Poppy-Seed Cake
View as: Thumbnails List
Whole-Grain Waffles with Ch…
Cornmeal adds appealing texture to these waffles and hot cherry sauce is a tasty, nutrient-rich alte…View slide
Chard & Feta Tart
Fragrant lemon zest, briny olives and salty feta balance the bitterness of the dark leafy greens in …View slide
Ruffled Phyllo Tart with Sp…
Strawberries and rhubarb are a familiar seasonal pairing, but adding apricots to the mix takes it to…View slide
Blueberry-Ricotta Pancakes
Serve these light pancakes with our Chunky Blueberry Sauce, maple syrup or honey. Sprinkling the ber…View slide
Strawberry Bruschetta
Astoundingly good for minimal effort, this makes an indulgent weekend breakfast or anyday dessert. A…View slide
Banana-Blueberry Buttermilk…
The slight acidity of buttermilk tenderizes and moistens baked goods while allowing you to cut way b…View slide
Mediterranean Tuna Antipast…
Packed with protein and fiber, this tuna and bean salad is ready in a flash. For an extra kick, add …View slide
Peach Cooler
This festive peach cooler uses sparkling grape juice instead of wine. Serve it in a wineglass for a …View slide
Mushroom & Wild Rice Frittata
Packed with a flavorful medley of chewy wild rice and three kinds of mushrooms, this satisfying frit…View slide
French Toast with Pear-Cran…
This healthy French toast recipe is fragrant with vanilla and spiced with cardamom. Paired with a sw…View slide
Lemon Poppy-Seed Cake
We love that Bundt cakes don't demand frosting—just let a sweet lemon glaze run over the poppy-see…View slide
Raspberry Spoonbread
A traditional Southern favorite, spoonbread is a typically savory dish that's like a cross between a…View slide
Multi-Grain Waffles
Traditional waffles are a butter-laden, high-carb indulgence, but they make the transition to good f…View slide
Virgin Garden-Fresh Bloody …
Make this zesty garden-fresh drink when summer tomatoes and peppers are at their peak.…View slide
Twice-Baked Goat Cheese Sou…
If you'd love to wow your guests with a soufflé, but can't stand the last-minute heat, this is your…View slide
Strawberry-Orange Muffins
We love the combination of strawberry and orange in this sweet breakfast muffin with a streusel topp…View slide
Eggs Italiano
This sophisticated take on Eggs Benedict swaps a full-flavored, chunky vegetable medley for Canadian…View slide
Cardamom-Crumb Coffee Cake
Cardamom's distinctive floral and spice aroma makes for a delicious and unique coffee cake. A member…View slide
Strawberry-Mango Margarita …
Mangoes and strawberries make a magical marriage. Splashes of tequila, Triple Sec and lime add a sub…View slide
Mini Mushroom-&-Sausage Qui…
These crustless mini quiches are like portable omelets. Turkey sausage and sauteed mushrooms keep th…View slide
Pineapple Coffee Cake
Nonfat plain yogurt stands in for sour cream to add moisture and tenderness to this lightened-up pin…View slide
Baked Apple-Cinnamon French…
This baked apple-cinnamon French toast can be prepared in advance and then simply popped in the oven…View slide
Ham & Cheese Breakfast Cass…
This healthy update of a traditionally rich ham-and-cheese breakfast strata is made lighter primaril…View slide
Blood Orange-Pomegranate Mi…
This twist on the mimosa is made with blood orange juice and pomegranate juice. It's a special way…View slide
Artichoke-Scrambled Eggs Be…
Roasted artichoke bottoms stand in for English muffins in this quick yet elegant supper. Substitute …View slide
Cheesy Polenta & Egg Casserole
This memorable brunch centerpiece is rich with cheesy polenta, crumbled sausage and baked eggs.…View slide
Coffee-Streusel Bundt Cake
Can you really have too much of a good thing when it comes to the combination of coffee and cake? He…View slide
Arugula & Chicken Sausage B…
Chicken sausage comes in a variety of flavors these days. The flavor you pick will have a big impact…View slide
Breakfast Fruit Bread Pudding
Studded with strawberries, this breakfast recipe is a cross between a baked French toast and a desse…View slide
Mini Brie & Apple Quiches
We love the way Brie and apples taste together in these mini quiches. Mini phyllo cups make it swift…View slide
Very Berry Fruit Salad
This easy fruit salad recipe is a dazzler: a large bowl of colorful berries served with a cool lemon…View slide
Pecan-Berry Coffee Cake
This scrumptious coffee cake recipe has a crumbly pecan topping and is speckled with blueberries or …View slide
Sunrise Bellini
This slightly tart fruity Bellini recipe will zing you awake. It's the prettiest color imaginable …View slide
Prosciutto & Asparagus Strata
This breakfast strata recipe, loaded with onions, leeks and asparagus, is a great way to serve eggs …View slide
Ham & Swiss Quiche
This healthy quiche recipe is perfect for entertaining—the quiche can be made ahead and is just as…View slide
Banana-Chocolate Chip Pancakes
This healthy whole-grain buttermilk pancake recipe adds mini-chocolate chips and mashed banana to th…View slide
Strawberry Fruit Salad
This summer berry fruit salad recipe makes enough for a crowd. Serve with granola and yogurt at brun…View slide
Upside-Down Cinnamon-Pecan …
Layering the ingredients in this coffee cake recipe right into the pan lets you skip the steps of ma…View slide
Blueberry-Lemon Ricotta Pou…
This healthy pound cake recipe isn't just delicious—it also only requires one bowl to make. For …View slide
Chive & Goat Cheese Souffles
This light, airy individual cheese soufflé recipe is dramatically puffed when it comes out of the o…View slide
Yeasted Waffles
Once you taste the rich, tangy flavor that yeast adds to this whole-grain waffle recipe, you'll ne…View slide