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Co-author Skyler Stuckey The big trade-secret case, Southwestern Energy v. Berry-Helfand, reported on these pages here and here, has been worked over by the Texas Supreme Court. Highlights: Lack of certainty in damages does not preclude recovery. A "Flexible and imaginative" approach to damages in trade secret cases has its limits For the limitations clock to begin… Continue Reading
Category Archives: Contract DisputesSubscribe to Contract Disputes RSS Feed
The Accommodation Doctrine Gets Its Feet WetPosted in Contract Disputes, Land Titles, operations
Let's start with a little background: Under the Accommodation Doctrine an oil and gas lessee has an implied right to use the land as reasonably necessary to produce and remove the minerals, but must exercise the right with due regard for the landowner's rights. As a result of Kelly Lake Ranch v. City of Lubbock, the… Continue Reading
Lessee Escapes TerminationPosted in Contract Disputes, Lease Disputes
Co-author Trevor Lawhorn ∗ Escondido and Justapor. Next up on Tiny Desk Concert? Good guess, but no. They are the parties in Escondido v. Justapor, a Texas case presenting the perils of lease termination clauses and vaguely-drawn contracts. The agreements Justapor as lessor and Escondido as lessee entered into an oil and gas lease in 2008 on the… Continue Reading
Can the E&P Debtor Reject Gas Gathering Agreements in Bankruptcy?Posted in Contract Disputes
What's a sure way to destroy untold millions of dollars of energy infrastructure value built in reliance on the promise of reimbursement for huge capital investments necessary to move a producer's product to market for the next 20 years or more? Here's another one: What's a helpful way to effect the goal of bankruptcy reorganization,… Continue Reading
Railroad Commission Plugs the Wrong Well – Another IssuePosted in Contract Disputes, Legislation
"Back in the day, when the Yankees always won the World Series and you could name a park after a Confederate general, we didn't need no written contract; a man's word was his bond, … yadda, yadda, yadda". Three things about that saying strike me. First, it was always a man; second, "the day" was… Continue Reading
Les Miles is Like the Oil BusinessPosted in Contract Disputes
How is that, you say? Recruits well Sometimes can't get to TD Occasional blowouts Lingo often not understood by others Eats/uses no more turf than necessary Surely benefits from "white privilege" Down but not out. More on the Les mess: Next time you encounter incompetence in action, just say, "They must work for Joe Alleva"…. Continue Reading
Your MSA is in Place – Now What?Posted in Contract Disputes, operations
Are you an operator who hires contractors on location, … a contractor who hires subcontractors, … the party to be indemnified for injuries to the other party's employees? This post is for you. Salas v. Allen Keller Company One, LLC, is not about master service agreements, but it is instructive. Want to avoid responsibility for… Continue Reading
How to "Score" a Contract from the Red ZonePosted in Contract Disputes
Football pundits like to discuss Red Zone effectiveness. Driving to the goal line doesn't much matter if you don't score. So, why would a negotiating party fail to score an enforceable contract while negotiating from the Red Zone: He's in a hurry; He has a "handshake deal"; He won't sign an agreement until he gets… Continue Reading
Who Needs A Master Service Agreement?Posted in Contract Disputes, Hydraulic Fracturing
You do, whether you are a vendor or an operator. Matador Production Company vs. Weatherford Artificial Lift Systems, Inc. is a treatise on what can go wrong with a frac job: Failure of pumps, worker inexperience, failure of the "delayed release gel breaker", failure to clean gel hoses, failure to pump enough gel and proppant, loss of materials, profuse apologies, invoices,… Continue Reading
Contracts – It's More About the Drafting Than the SuingPosted in Contract Disputes
Co-author Brooke Sizer It's been said that your most important decisions are made when you write your contract, not when you have to sue on it. Kachina Pipeline Company v. Lillis agrees. In a gas-purchase agreement, can the pipeline operator (Kachina) deduct costs of compression from its payments to the producer (Lillis). "No", said the Texas… Continue Reading
Court Arrives at Fair Market Value of Gas PropertyPosted in Contract Disputes, Litigation
Co-Author Matthew Wheatley In Texas, lost profits can't be recovered as damages unless proven to a "reasonable certainty". Question 1: What does that mean? Question 2: Does it matter if the deal is in Bulgaria? Let's get rid of the second one first. Bulgaria or no Bulgaria, it doesn't matter as long as Texas law applies. … Continue Reading
How to Manage Credit and Collect Unpaid Bills in Today's Oil PatchPosted in Contract Disputes, Litigation
Co-authors Preston Kamin and Joe Virene Everybody from the well site to the board room has an opinion about when oil prices will "rebound". Rather than an opinion, we have a question: How do I collect my money while we're waiting? This post is a refresher for service companies and suppliers looking for money from operators, and for operators looking to non-operators. There are many steps… Continue Reading
Operator Can't Recover Drilling Costs For Affiliate's Expensive RigPosted in Contract Disputes, Operating Agreements
Co-author Alexandra Crawley In Elm Ridge Exploration Co., LLC v. Engle we are reminded of a little-used provision in the 1989 Model Form Operating Agreement. Article VI.D.1 allows the operator to use its own equipment, but his charges may not exceed prevailing rates in the area, and the rates must be agreed to in writing before… Continue Reading
The Fat Lady Who Hasn't Sung, Oil Field Technology, and a LizardPosted in Contract Disputes, Regulations
Today is a grab-bag of topics, a pastiche if your college tuition was higher than mine. When Will the Fat Lady Sing? El Paso Marketing, LP v. Wolf Hollow I, L.P., involving a gas plant Supply Agreement, continues its tortured journey through the Texas civil justice system. Chance Decker and I reported on this case in… Continue Reading
More Seismic Rumbling in LouisianaPosted in Contract Disputes
Co-author Brooke Sizer In Olympia Minerals et al v. HS Resources, et al, the Louisiana Supreme Court addressed a decision we discussed in a February entry by affirming in part, reversing in part, amending in part and remanding (because why do one thing when you can do four). The case involved the "North Starks Project Agreement" covering 42,000… Continue Reading
Subcontractors Score a Victory in Federal CourtPosted in Contract Disputes, Title Issues
By: Martin P. Averill On August 27, in In re Heritage Consolidated, L.L.C., the Fifth Circuit Court of Appeals granted subcontractor's lien rights to two oil and gas drilling contractors. The Court reversed a district court ruling which upheld a summary judgment issued by a bankruptcy court denying liens to the two drilling contractors. The case was briefed and argued by Gray… Continue Reading
Treachery of the Untrustworthy TrusteePosted in Contract Disputes, Title Issues
Co-author Brooke Sizer J-W Operating Co. v. Olsen is another Louisiana concursus ("It's not my money, Your Honor; let them fight over it"). The Trust In 2006, Fred Houston created the Fred L. Houston Trust and placed into it the Tenneco lease, which had been producing since 1974. Ms. Williams was the trustee. The trust instrument declared… Continue Reading
The Non-Binding Agreement – Louisiana EditionPosted in Contract Disputes, Lease Disputes
Co-author Brooke Sizer I say, "Let's go down to the crab shack for some seafood". You say, "I agree, we'll go to a steakhouse for a big, juicy slab of cow". Am I obligated to join you to split a 32 ounce Porterhouse with three sides and a Cabernet with a 94 rating? No. In 2008 as the Haynesville Shale was being developed… Continue Reading
Operator Wins JOA FightPosted in Contract Disputes, Operating Agreements
MDU Barnett Ltd. P'ship v. Chesapeake Exploration Ltd. P'ship is at least three things: The culmination of an unhappy relationship between an operator and non-operators. What happens when joint owners' interests are not aligned. Predictable, given Texas law and the relationship of parties under the model form JOA. In 2005 Chesapeake and Conglomerate Gas entered into an Exploration and Development Agreement involving Barnett Shale properties…. Continue Reading
Plugging the Wrong Well is Likely to Impact Your PocketbookPosted in Contract Disputes
Thanks to Alexandria Moore – Baylor 2L and Gray Reed summer clerk – for help on this post. The Texas Railroad Commission's contractor, Superior, plugged the 708S-5 well on behalf of the Commission. Oops! The contractor plugged the wrong well. Gulf and the Commission had entered into an agreement that if Gulf, who had a… Continue Reading
Condition Precedent Sinks ChesapeakePosted in Contract Disputes
A condition precedent was the issue in Preston Exploration Company, et al v. Chesapeake Energy Corporation. This opinion was the result of the parties' second visit to the federal Fifth Circuit Court of Appeals. In the first trip, the issue was whether the Purchase and Sale Agreement between the parties in a $110 million transaction satisfied the statute of… Continue Reading
Reaping What You Sow – City of Dallas Sued by Trinity East EnergyPosted in Contract Disputes, Eminent Domain, Local Ordinances
Suppose I own a large tract of land in the region of the Barnett Shale, the exclusive right to allow (or prevent) drilling on the aforesaid land, and a desparate need for funds. You have $19 million and the desire to exploit the minerals. I take your $19 million, and when you ask for permission to drill I… Continue Reading
Rumblings From a Louisiana Seismic AgreementPosted in Contract Disputes, Litigation
Co-author Ann Weissmann If the significance of a lawsuit can be gauged by the 23 lawyers and 10 firms identified in the opinion, Olympia Minerals, LLC, et al v. HS Resources, Inc., et al., is as noteworthy as Bush v. Gore, Brown v. Board of Education, and even Kramer v. Kramer. The Contract The Olympia entities were the property… Continue Reading
Texas Court Declines Indemnity for One's Own Bad Acts.Posted in Contract Disputes
We begin with a philosophical question: Should a person be rewarded for bad behavior? Despite twerkee Miley Cyrus (and her daddy), the Kardashians and, at least for a while Richard Nixon, the answer should be, no. Texas law agrees. The express negligence doctrine in indemnification agreements "… mandates that the party use express language within the four corners of the contract specifically… Continue Reading


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The European Aviation Safety Agency said it will publish new rules on allowing personal electronic devices on aircraft by the end of the month. "This is a major step in the process of expanding the freedom to use personal electronic devices on-board aircraft without compromise in safety," said Patrick Ky, executive director of the EASA. The Federal Aviation Administration allowed gate-to-gate use of PEDs last month.
Full Story:Bloomberg

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CORTLAND, N.Y. -- They have rain delays in football, too.
The New York Jets, chased off the field in the morning because of lightning in the area, will practice at 3:30 p.m. Sunday on the turf field at SUNY-Cortland. The rain has stopped, the sky is clearing and the team will conduct practice in pads, as originally planned.
The change in schedule required "major improvising," Rex Ryan said. After the morning's postponement, the team conducted a walk-through in the school's gymnasium.
The change raised the question of whether they would be better served by holding camp at the Florham Park facility, which has a cavernous fieldhouse that could handle a full practice. Ryan said Cortland has "great facilities," claiming it was the first time in four years they had to move indoors in Cortland.
The Jets lucked out because the weather broke. If it didn't, they would've lost a valuable day of practice.


text: Stock Comments / EPS Changes Albemarle ( ALB) estimates were lifted at Jefferies. Numbers were increased into 2014. Driven by Catalysts and Fine Chemistry segment with opportunity to flex the balance sheet, Jefferies said. Buy rating. Ingersoll-Rand ( IR) estimates and price target were lifted at UBS. Company should benefit from multiyear nonresidential construction recovery, UBS said. $74 price target and buy rating. Read: New Home Buying for the Young and Single Baker Hughes ( BHI) estimates, price target were raised at Jefferies. BHI boosted its estimates into 2014, Jefferies said. Progress in international expansion, Jefferies also said. $65 price target and buy rating. Baker Hughes numbers were boosted at Credit Suisse. Shares are now seen reaching $64. Company is seeing better domestic margins, Credit Suisse said. Outperform rating. Cytec ( CYT) estimates were lowered at Jefferies. Headwinds in aerospace composites, mining chemicals and phosphine, Jefferies said. $82 price target and hold rating Goodrich Petroleum ( GDP) numbers were cut at Canaccord Genuity. Shares are now seen reaching $30. Estimates were also reduced, given the dilution from the recent equity offering, Canaccord Genuity said. Buy rating. Honeywell International ( HON) estimates, price target were increased at UBS. Estimates were raised across the board. Balanced portfolio expected to drive accelerating growth, with stable U.S. and Europe and improving trends in China, UBS said. $85 price target and neutral rating. Imax ( IMAX) estimates, price target were increased at Benchmark. Estimates were raised through 2014, Benchmark said. Expect the company to exceed earnings expectations this week, Benchmark said. Hold rating and new $29.45 price target. Las Vegas Sands ( LVS) numbers were raised at Sterne Agee. Shares are now seen reaching $81. Company should continue to post solid growth in Macau and Singapore, Sterne Agee said. Realogy ( RLGY) estimates, price target were lowered at Credit Suisse. Shares now seen reaching $42. Estimates were also cut, given reduced average home sale prices, Credit Suisse said. Neutral rating. Schlumberger ( SLB) estimates, price target were raised at Jefferies. Schlumberger boosted its numbers into 2014, Jefferies said. The company should benefit from its exposure to key emerging markets, Jefferies also said. $110 price target and buy rating. Schlumberger estimates, price target were increased at Credit Suisse. Estimates were boosted through 2014. Company has a lot of operating momentum, Credit Suisse said. Neutral rating and new $105 price target. >To submit a news tip, email: email@example.com. Follow TheStreet on Twitter and become a fan on Facebook. Prev 1 of 2 Next


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According to the folks at Motociclismo.it, this is the first shot of Aprilia's new adventure-touring motorcycle, the Aprilia Caponord. Based on the 1200cc Dorsoduro chassis and motor, the Caponord (or Tuareg 1200 if you want to believe other rumors) was originally supposed to debut at the 2010 EICMA show, but is now apparently slotted for a later arrival. Details are scarce on the model right now, but it's clear from the 17″ front wheel and street-derived chassis that Aprilia is gunning for the Ducati Multistrada 1200 with its design.
Erik Buell Racing just posted this photo on its Facebook page with the caption "Spy photo of the race 1125 and the 1190RS in the van on it's way to Indy for the big show! Thank you to everyone for your faith and support! It's going to be an amazing year!" Strapped next to its AMA Pro Racing counterpart, we see that the Erik Buell Racing 1190RS street bike was thankfully completed in-time for the Dealer Expo, and will debut with the exhaust can we were less than enthralled about during other glimpses of the machine.
But after last night's glimpse of what's underneath the fairings, we think we'll forgive EBR on this one, as the 1190RS appears to be a no-compromises race bike with headlights, mirrors, and turn signals attached to it (which is exactly how the machine evolved).
While getting a tour of Yamaha's French factory (you know, the one they're keeping open), the folks at MotoBlog.fr spotted something they'd never seen before: an upgraded FZ8 naked bike labeled as the Yamaha FZ8R. After some negotiating with the tuning fork brand, the French publication was allowed to take a photo of the bike's body panel, as a sort of proof of life in their story.
Expected to be announced soon, the francophones spotted on the FZ8R an upgraded exhaust by Lazer, Öhlins suspension stickers (and perhaps an Öhlins shock), but what looked to be stock forks and stock brakes.
Our friends at IndianCarsBikes.in have spied the KTM 200 Duke again out testing again near Bajaj's factory in Pune, India. This time riding down the street, we get to see how the 200cc variant of the KTM 125 Duke will sit with an adult on the frame, and the bike looks fairly comfy for a full-sized person (although we have no idea how tall the rider actually is of course). The second spy shot of the KTM 200 Duke in a just a week, Bajaj is either getting sloppy (unlikely), or the debut of this machine could be edging closer and closer to reality.
The writing has been on the wall for some time for BMW to replace its air-cooled boxer twin with an updated liquid-cooled version, and that hallmark day appears to be coming, as SoloMoto (additional photos on their website) has captured the next-generation German motor out testing in the wild (enhanced photo above) on the Spanish roads near Tarragona. This photo appears to confirm reports that BMW is testing a new R1200GS model, which will feature the liquid-cooled boxer twin, and has obvious differences from its air-cooled predecessor.
While Honda won't release more info on its new 800cc V4-based adventure bike and 1,200cc V4 adventure concept until a day or two from now, the folks at Oliepeil snapped this photo of the Honda booth, which shows a bike very similar to Honda's teaser image. Looking very GS-esque, it will be interesting to see the results on Honda's foray into the adventure bike segment with a V4 motor.
Source: Oliepeil.nl
Spy Shot: 2011 Triumph Tiger 800
A British couple has seemingly caught the 2011 Triumph Tiger 800 out in the wild, flying down the road doing 100 mph or so. Finally catching up to the bike at a gas station, the savvy duo snapped this photo, and put it on the interwebs for all to see (nice of them, huh?). The photo doesn't really reveal too much about the road-going version of the new Tiger 800 that we don't already know, but we do get a good look at the bike's side profile. Clad with a 19″ front wheel, steal frame, and stroked three-cylinder motor, the 2011 Triumph Tiger 800 looks to be blast down pot-hole laden roadways. Expect more details in a few weeks when the bike debuts at EICMA alongside the 2011 Triumph Tiger 800 XC.
Source: BMW Sport Touring Forum via MotoBlog.it
The folks over at MotoBlog.it have gotten their hands on a new 2011 Ducati Diavel photo, and were kind enough to ink in a red frame and racing stripe on the bike, to give us a better idea of what the production Italian performance cruiser could look like. With the final lines showing more fit and finish, the Diavel has really transformed before our eyes these past months. The swept back headlight design reminds us of something old and something new, but we're still not in love with this bike yet (but we're getting there). How about you?
Source: MotoBlog.it
The latest leak from Bologna shows how the upcoming Ducati power cruiser will look tipped over on its side, after an owner gets hit by car, or fails to get the kick stand down in time. Snarkiness aside, reports from the Italian news site Romagna NOI say the Diavel test rider was struck by a car while testing the bike.
The rider seems to be ok, and the bike looks to have held up quite well all things considered. One thing we can glean from the photo is the two-tone paint on the headlight cowling, which might help break up what were expecting to be a very ugly line.
Italian news site MotoSprint has stumbled upon perhaps the best photo yet of the new Ducati power cruiser, which has been dubbed the "Mega Monster". From the side we can get a better glimpse on the bike's overall lines and stature, which at leasts makes us more comfortable with how the bike's final aesthetic will come to be. Love it or hate it? Let us know in the comments.
Source: MotoSprint via Ducati News Today


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The anti-gravity gait training system is a rehabilitation training device for patients with neurological impairments and elderly people having problems with walking. We are developing a unloading body weight device for the gait training system. Unloading device is a necessary part because the user of this system have a muscular skeletal weaknesses. We want to control the unloading forces to be steady because the physiological gait pattern can be obtained in this condition only. We have developed the simulation model of gait training system, a human dummy models, various traditional unloading devices and the controlled unloading device. Simulation model will be used for designing a novel controller and mechanism of unloading system.
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I have a graphic on the following page that shows then immediately disappears in IE, but works fine in all the other browsers I tested it in.
There is a title bar at the top of the page that shows products and a link for the product that shows the product title "Donation", but it just blinks in then goes away in IE. I have been banging my head for 2 hours trying to figure out what I am missing. Any help would be greatly appreciated.
Thank you Thank you Thank you!!!!


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Sep 17 —
Karma Can Be a Real Pain: Past-Life Clues to Present-Day Maladies -
Joanne DiMaggio
Oct 22 —
One Day Mini-Program at Monroe Institute -
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The following events are held at A.R.E.'s Virginia Beach Headquarters located at:215 67th Street, Virginia Beach, VA 23451
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Sep 23-25 – A.R.E. Headquarters Conference:
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The Forum - Hosted at A.R.E. HQ monthly, Wednesdays 7-9:30 p.m.
Jul 27 - Living Fourth-Dimensionally – Peter Van Daam
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Today's Points of Power from "The Yolanda Adams Morning Show" is from 1 Corinthians chapter 5:1. Having discipline with the word of Christ.
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I don't think BBT is up 37%. A little too high.I think it is up only about 18%. It really depends on how you compute the profit. Based on a stock price of $10/share in 1995 and a price of $42 in 2005 and a dividend of 3.5% I calculate a compound interest of about 18%. This is not bad for a long term investment.


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Fixed-Price - Intermediate ($$) - Est. Budget: $14 - PostedSkills: Article Writing Blog Writing Creative writing
I will give you one topic to write about in the fitness niche. If the work is of satisfactory quality I will be looking to hire you on a long term bases to complete 100+ articles. This will be a long-term writing job and a chance to get many 5* reviews. You're required to: Be a native english speaker Be able to do a thorough research of both products and topics


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The young miss reported her high school in lockdown around lunch time today. Fortunately, this was a precaution as no intruder made it into the school, and people were all safe inside. The bad thing, of course, is that weapons-bearing … Continue reading
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In the Line of Fire: Mex City Dentist Informs on Flu
With the current outbreak of swine flu, health officials and the general public are concerned about what direction this situation might take. It has been widely reported that Mexico City is the epicenter for this latest public health challenge. Not […]
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Sweet Show! Multitalented Melody Sweets Stars in Call of the Wild! Jungle Burlesque at the Absinthe Spiegeltent at Caesars Palace, Midnight July 30th, Benefiting Siegfried and Roy's Sarmoti Foundation, Protecting Endangered Animals Worldwide – We Catch up With the StarJuly 28, 2016 · No comments
Former New Hampshire Governor John Sununu, White House Chief of Staff to President George H.W. Bush Talks to CYInterview about Donald Trump, the Nuclear Arsenal, Gary Johnson, the Bushs, MoreJuly 20, 2016 · No comments
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Your Off-the-Beaten-Path Tuscany Itinerary
They said it couldn't be done...that it's impossible to find a tour bus-free patch of Tuscany to explore. They were wrong. This food-and-wine-filled Tuscan itinerary has more hand-made pasta than tourists.
How to Lunch like the Locals in Milan
Milan is a fierce and unique alternative to Italy's well-worn destinations. And as a visitor, one of the best ways to discover the city's core is to dine like, and among, the locals. Here's a field guide.
Rome's Off-the-Beaten-Path Museums
Whether you're a veteran Rome traveler or a first-timer, we highly recommend taking time to soak up the local culture. Break away from the tour guides and check out some of these overlooked spots.
Six Must-See Small European Cities
Springtime always brings jaunts to Europe to the forefront of travel wishlists, but if you've hit the top spots (Paris, Rome, Barcelona), it's time to discover something new, like these six smaller cities.
Ten "Italian" Foods You Won't Find in Italy
Like most foreign cuisines that hit our fair shores, Italian food in the states looks and, more importantly, tastes different from what you'll find on the boot. Here's what not to order.
Most Popular Honeymoon Destinations (and Where to Stay)
There's a light at the end of the wedding-planning tunnel: the honeymoon. Bypass the stress of trip planning thanks to our expert tips, and find the right trip for your post-wedding cool-down.
7 Must-See Secluded Islands
If you have favorite beaches on Maui, Jamaica, and St. Barths, it's time you escaped to lesser-known isles. From the Cook Islands to Maine, these are the best of the islands you haven't been to.
Road Trip: Explore Southern Italy
Hit the Autostrada on a road trip through Southern Italy this year—it's the best way to enjoy the sights in the country's undiscovered regions.
6 Places to Celebrate Carnival Besides Rio
We all know that the Carnival King is Rio, but there are ample opportunities to let your hair down at these Carnivals around the world. These are our six picks for where to spend Carnival this year.
What to Do in Rome with Kids
No one would turn down a trip to Rome. Except maybe kids for whom the thought of touring ancient ruins is akin to torture. Take these insider tips on how to see the Eternal City with (happy) kids in tow.


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How to Set Up the Find Controller for Geocoding in Your iOS App
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How to Implement the Find Controller for Geocoding in Your iOS App
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How do you make the map title your found location in your iOS app? In the case of the FindController, use the text the user entered as the title, so all you do is override [more…]
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There may come a time when you need to display cell content in your iOS app. To display the cell content, your delegate is sent the tableView:cellForRowAtIndexPath [more…]
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Before releasing your iOS app to the world, you need to run it and make sure the table view works. The smallest error can keep your iOS app from working. [more…]
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You want your table view to appear automatically when the user accesses your iOS app. It should appear automatically when the user dismisses the UIAlertView [more…]
How to Add Destination Support to the iPhone Storyboard in Your iOS App
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In iOS app development, those problems you put off until tomorrow will catch up with you early and often, so here are a few things to pay attention to from the very start in app development, as well as [more…]
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Mustard agent vapor was detected Tuesday during a routine weekly chemical monitoring check at the Pueblo Chemical Depot, a chemical weapons storage site associated with the U.S. Army.
The agent vapor was detected inside an igloo storing 105 mm projectiles. A chemical crew dressed in personal protective equipment are planning to enter the igloo in order to perform a visual inspection. The crew is looking for actual agent leakage.
County and state officials have been notified. More information will be provided as soon as it's available.


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A Family Business- Payne & Payne is a family-run business that understands how the commitment and cohesiveness of a family can contribute to the home building experience. Spanning two generations, Payne & Payne takes great pride in the quality of their work and, most importantly, the satisfaction of their customers. It's this commitment that insures that Payne & Payne will go the extra mile for their customers, whether it's searching for that unique custom product or just taking the time to see that every detail meets Payne & Payne's strict quality guidelines. More
GuildQuality customer satisfaction surveys enable homeowners to rate their contractor on a scale of zero to four (with zero being the worst and four being the best) in all sorts of categories. Our members can publish a summary of those answers here on their profile page, displaying a bar for as many or as few questions as they like. The score for each category indicates the percentage of survey respondents who answered a three or four to that particular question.
Custom home (100)
New home (48)
Addition (15)
Interior renovation (8)
Whole house remodel (4)
Kitchen remodel (3)
Basement remodel (2)
Master bathroom (2)
Master bedroom (2)
Bathroom remodel (1)
Design build remodel (1)
Garage (1)
Home for sale (1)
Interior upfit (1)
Renovations (1)
Replacement windows (1)
Swimming pool (1)
We display two types of written homeowner feedback on GuildQuality member profile pages: Comments and Reviews.
In response to our customer satisfaction surveys, homeowners share lots of comments about construction quality, communication, or any other question asked in the survey. Guildmembers can selectively publish these comments here on their profile page.
Reviews are different than comments. These are star ratings that homeowners ask us to publish, and they come with a written description of the type of experience they had working with their contractor. We publish all of the reviews we receive: positive and negative alike.
Our family is very happy with the end product and the quality of the subcontractors' work. Our project manager worked with us to define our vision and translate it on to paper. We were able to trust the team with the job site considering that we were living a significant distance away during construction....
We had a great experience with Payne and Payne and would highly recommend!
John and Jason were fantastic.John did an amazing job keeping the project moving every day. So many people would comment to me that they couldn't believe how quickly the home was being built and this was clearly due to John's ability to manage the schedule through the tremendous respect that the trades...
If we were to ever build another custom home we would not hesitate to hire Payne & Payne again. From their stellar employees to their highly skilled trade partners, Payne & Payne did a remarkable job. They re-built our 1905 home that was badly damaged in a fire to a brand new stunningly beautiful condition....
We had the pleasure of working with Craig Gates, Brett Dawson and Bob Miozzi. They are the best kind of people and so nice to work with. We felt like our good friends were building our house! We will always appreciate their work ethic and kindness.
I love that they utilize the Builder Trend App so that we could follow the punch list. They stuck to the schedule. We will never forget how they worked hard to get us into our home before our baby arrived!
My Payne & Payne built home is beautiful and well made. The unique touches I was able to incorporate made it unlike any other home. The team I worked with were always open to including any idea I had, even when I insisted on a custom carved marble fireplace that took 5 months and shipped from Italy....
As a GuildQuality Guildmember, Payne & Payne Builders relies on our customer surveying to help them deliver an exceptional customer experience.
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- .@jeff correctly explains that venture shouldn't be a career, but what some do after they've had a career http://smartr.mobi/u/81e8i ->
- Some day I'm bringing a ham radio on board a plane like this one. I live to be told I can't use it. ->
- Anyone left in the twitterverse who hasn't posted on last week's jobs report? Now's your chance. Full amnesty for bloviators. 10 min only. ->
- One of the only piece of useful advice, so I over-give it: "Don't be afraid to ask". http://nyti.ms/pGL3UA ->
- Eating more fat makes you want more fat – http://t.co/gjK4znK ->
- This American Life does hydrofracking and shale gas. Great listening. http://bit.ly/ptluAx ->
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Twitter Digest: 2011-07-09
By July 10, 2011 · ··


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I ran into a similar issue with Smplayer this evening. Who knows whether or not what I experienced, and what you are experiencing are the actually same thing.
What seems to have fixed things for me, was simply de-selecting Preferences>General>'Remember settings for all files'.
I haven't got a clue as to how or why this would fix anything, but Smplayer + VDPAU is now working well for me.


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CNN's Jeffrey Lord Equates Security Fencing At DNC To Trump's Border Wall
Video ››› ››› MEDIA MATTERS STAFF
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The Daily Beast profiled "the shady network" of nativist groups whose work and data Donald Trump cited during the anti-immigration sections of his Republican National Convention acceptance speech, noting that the groups Trump cited are "omnipresent in efforts to demonize immigrants."
Trump's acceptance speech -- which the campaign made available -- includes 282 footnotes containing the sources for the candidate's claims, with the work of the Federation for American Immigration Reform (FAIR) and the Center for Immigration Studies (CIS) being cited multiple times. FAIR has been classified as a "hate group" by the Southern Poverty Law Center (SPLC) for its extreme anti-immigrant rhetoric as well as its "ties to white supremacist groups, and eugenicists." CIS, which FAIR's founder John Tanton also helped found, has been repeatedly criticized for its shoddy research work and is labeled an "anti-immigrant nativist" organization by SPLC.
As The Daily Beast points out, "CIS and FAIR provide the intellectual and organizational firepower for the immigration restrictionist movement" and their work always appears in efforts to "demonize immigrants." The article continued, explaining that at one point anti-immigrant groups like CIS and FAIR were "pushed to the margins of the conservative conversation on immigration" but were kept relevant "thanks in part to powerful devotees in the talk-radio world and immigration-restrictionist stalwarts like Reps. Steve King and Louie Gohmert." From The Daily Beast's July 22 report:
Trump's team blasted out links to Trump's remarks, including detailed footnotes showing the sources for his factual claims. And, unsurprisingly, many of Trump's arguments are based on data from organizations funded by radical population control environmentalist activists. For instance, he cited a report from the Federation for American Immigration Reform (FAIR) to undergird his argument that the federal government enables crime by not deporting more undocumented immigrants.
FAIR was founded by John Tanton, a virulently anti-immigrant nativist who has associated with white supremacists and dabbled in eugenics. He and his allies also fear that human population growth—particularly in the First World—jeopardizes the environment. Thus, they also back pro-abortion groups. This fact has left many on the right deeply concerned about citing their research or affiliating with their leaders. But not Trump.
Trump's speech also cited the Center for Immigration Studies—another group Tanton founded and helps fund. His team cited three different reports from CIS to support his assertions that immigration hurts American workers and that the federal government isn't deporting enough undocumented immigrants.
Along with NumbersUSA, CIS and FAIR provide the intellectual and organizational firepower for the immigration restrictionist movement. Their data and scholars are omnipresent in efforts to demonize immigrants, and they were all major presences during the 2013 Gang of 8 comprehensive immigration reform debate. Tanton and his funding link the three together.
In the pre-Trump era, these groups found themselves pushed to the margins of the conservative conversation on immigration. They never fully lost traction—thanks in part to powerful devotees in the talk-radio world and immigration-restrictionist stalwarts like Reps. Steve King and Louie Gohmert—but they had trouble. For several years, CPAC declined to give them airtime.
In the meantime, the Republican National Committee made an explicit effort to change the party's rhetoric on immigration.
That dream is dead. Instead, Trump characterized immigrants as murderous, dangerous, and barbaric.
In his America, migrants are would-be rapists and definite job-thieves.
It is, in the literal sense, a story of xenophobia—a view of the world predicated on the notion that anyone from a foreign country should be feared.
Latinos in the media denounced the speech Donald Trump delivered when he officially accepted the Republican Party's presidential nomination, condemning the candidate's hateful and anti-immigrant rhetoric, referring to the speech as "disgusting," noting it contained "fearmongering" and "divisiveness," and criticizing him for linking immigration and terrorism.
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Media roundly criticized the first night of the Republican National Convention, which highlighted the party's stance on immigration, saying that the speeches "deepened the insult" toward Latinos and relied on "twisted logic" to heighten "anxiety about particular kinds of immigrants."
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A Washington Post article notes that the 2016 GOP platform -- which includes "language to build a wall along the U.S.-Mexico border" -- "is a far cry" from the 2013 autopsy that sought more inclusivity beyond "the GOP's traditional base."
After its defeat in the 2012 presidential elections, the Republican Party laid out a pro-inclusivity strategy in what became known as the "autopsy" report --a strategy that ran counter to the anti-immigrant vitriol regularly spewed by right-wing media. The anti-immigrant tone and extremism of the 2016 Republican presidential campaign ultimately demonstrated that the GOP would rather side with right-wing media over the party's own goals, even if by doing so they contradict the will of a majority of the electorate and most of the GOP itself.
In a July 14 piece, the Post's Dan Balz noted that by "including language to build a wall along the U.S.-Mexico border" the GOP is sending "a loud and clear message to the Hispanic community that is the opposite of what the 2013 RNC-sponsored autopsy report proposed," and combined with Trump's "harsh talk about Mexicans" has moved further from "meaningful outreach to Hispanics." From the July 14 article:
As they worked through the language of their 2016 platform, delegates to the Republican National Convention commented over and over that this was to be seen as a marketing document designed to sell their party. What they produced is a far cry from what the party establishment thought was needed only a few years ago.
The platform that emerged over several days of deliberations here this week reinforced some of the party's most conservative planks, rejected efforts to appeal forcefully beyond the GOP's traditional base and, to the extent that it reflects the thinking of Donald Trump, is most noteworthy for including language to build a wall along the U.S.-Mexico border.
The 2016 platform turns much of what was recommended in the autopsy document on its head. Rather than reaching out, it draws the party inward, particularly on immigration and social and cultural issues.
Trump's wall sends a loud and clear message to the Hispanic community that is the opposite of what the 2013 RNC-sponsored autopsy report proposed. That report called for enactment of comprehensive immigration reform.
The possibility of enacting comprehensive reform, though still favored by some Republicans, died long before the 2016 campaign began. But in the presidential campaign, Trump, with his harsh talk about Mexicans and his determination to erect a border wall, moved the party ever farther from meaningful outreach to Hispanics.
By inscribing Trump's proposal in the party platform, the party has acknowledged the strength of his core appeal as a candidate. But it also has taken the risk of building a rhetorical and policy wall between the GOP and the Latino community that could last for years. A newly released Univision survey shows Trump with the support of just 19 percent of Hispanic voters, lower even than the 27 percent Romney won in 2012.


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Top 5 Armagnac at the LCBO
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Platinum & Gold Medals Shine the Light on Canada's Strengths There was a dazzling array of top quality Canadian wines at this year's 16th WineAlign National Wine Awards of Canada with over 1,500 entries from 230 wineries in six provinces. There were 16 coveted Platinum medals spread over 14 wineries, and seven different wine categories. East […] More
The (Not So New) Wines of Greece
Text and photos by John Szabo, MS Earlier this month the WineAlign crü sat down to taste a couple dozen currently available wines sent by Wines of Greece. This buyers' guide lists our favorites. Whether you're already familiar with Greek wines and would like to explore further, or you've yet to experience Greece in your […] More
If I could buy only one – July 23rd, 2016 VINTAGES Release
As part of our VINTAGES recap, we asked our critics this question: "If you could buy only one wine from this release – which one would it be and why?" Here's what they had to say. You can find their complete reviews, scores and store inventory by clicking the highlighted wine name or bottle image […] More
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Like Cognac, Armagnac is a region specific brandy from France. It's history dates back over 700 years making it the oldest 'eau de vie' in the country. Armagnac Appellation Contrôlée was defined in 1936 and comprises of three regions: Bas-Armagnac, Armagnac-Ténarèze and Haut-Armagnac.


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2014-15 • Junior Season: Academic All-Big Ten ... placed first in the Head of the Mississippi with the First Varsity Eight (10/5) ... paced the 2V8 boat at the Head of the Rock (10/12) ... paced the 2V8 at the Devil's Lake Challenge (5/2) ... placed fifth at the Big Ten Championships with the 2V8
2013-14 • Sophomore Season: Academic All-Big Ten ... paced the Second Varsity Eight to victories over West Virginia, Dayton and Alabama at the Oak Ridge Invite (3/15-16) ... also defeated Alabama as a member of the First Varsity Four ... led the 1V4 to wins over Dartmouth, Rutgers, Syracuse B and Boston University at the Boston Challenge (4/5-6) ... defeated Michigan State in the 1V4 at the Big Ten Double Dual (4/12) ... finished second behind Wisconsin in the 1V4 in the lone home dual of the year on Lake Phalen (5/4) ... placed seventh at the 2014 Big Ten Championships in the 1V4 (5/18)
2012-13 • Freshman Season: Raced at the Oklahoma Invite as 2n8 against Oklahoma, Kansas, Kansas State, and Tulsa (3/9-3/10) ... Raced at Wisconsin in the 2n8 boat (5/5)... Competed at Big Ten Championships (5/19).
High School:2010 graduate of Minnetonka High School...lettered twice in varsity lacrosse...all-conference goalie in 2009-2010 and Midwest High School Women's Lacrosse Nationals Athlete in 2010.
Personal:Born August 14, 1992...daughter of Erik and Virginia Sundbo, sister to Erik, Anna, and John...Father ran track at Luther College (1978-1982)...majoring in recreation, parks, and leisure studies; minoring in sport management...has played lacrosse since 5th grade and still loves the sport.
Rowing Earns 11 CRCA Scholar-Athlete Nods
11 members of the Minnesota rowing team were recognized by the Collegiate Rowing Coaches Association (CRCA) with scholar-athlete awards
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The Gophers totaled 283 Academic All-Big Ten honorees for the 2015-16 academic year.
Minnesota Wraps Up Big Ten Championships
Minnesota wrapped up Big Ten Championships Sunday after being held off the water due to weather Saturday.


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L'Oreal will spend $1.2 billion to buy IT Cosmetics
The acquisition will add more than 300 products to L'Oreal's lineup.
L'Oreal will spend $1.2 billion to buy IT Cosmetics
The acquisition will add more than 300 products to L'Oreal's lineup.
Photo-based marketing platform Olapic will join Monotype
Monotype, which specializes in typefaces,says its purchase of Olapic will bolster its marketing and design expertise.
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Which kind of image generates more Likes, shares and comments: one prettied up with graphics and text, or one presented in its natural state? Here are the results of a case study by marketing agency Zog Digital.
Today the digital marketing landscape is more competitive than ever, with 93 percent of marketers using social media accounts to boost bottom lines for business. Facebook, in particular, has proven an effective way to drive both consumer engagement as well as sales. Marketers are finding that image content strategy is essential for businesses looking to maximize their reach and return on investment through Facebook.
Forty-four percent of Facebook users are more likely to interact with brands when images are used. The quality of the image also makes a difference, with professional-quality images getting a 120 percent boost in shares compared to amateur images. Two of the other biggest social networks are putting even more emphasis on images going forward as well. LinkedIn and Twitter have all either recently released or announced updates that include more and larger images in both posts and profiles.
Going even further, new research and insights from ZOG Digital proves that it's not just the use and quality of images that maximizes exposure and engagement of a Facebook post; it's the style of image being used.
Creative Versus Lifestyle Images
The case study looked at how four major metrics—the reach of each post, Likes, shares and comments—were affected by the use of creative images versus lifestyle images. For this study, creative images are defined as having gone through a post-design process, which often includes the use of text and graphic design alterations. Lifestyle images are images that don't go through the same process, with examples being the product being displayed singularly or the product in use.
Likes, shares and comments
Likes, shares and comments are the most common indicators that a post is being viewed favorably by Facebook users, with each additional action causing the post to spread. Maximizing the Likes, shares and comments is particularly important because of Facebook's recent algorithm changes, which reduced the organic reach of posts. Emarketer's research shows that the median organic reach worldwide fell from 16.0 percent in February 2012 to 6.5 percent in March 2014. For brands, this means that thousands fans aren't seeing posts they normally would.
For marketers, Likes, shares and comments mean that more people will see the post, which in turn creates opportunities to impact non-fans. ZOG Digital's research found that posts with creative images far outperformed posts with lifestyle images when it comes to these important metrics. For unpaid posts, the creative images beat lifestyle images by 54 percent in Likes and 50 percent in shares. For paid posts the creative images were up 395 percent in Likes and 650 percent in shares. The difference in the volume of comments were the most dramatic, with creative images, for both organic and paid posts, beating lifestyle images by more than 1200 percent.
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Brands that want to maximize the impact of each and every Facebook post must take into consideration the images being used. As the research suggests, efforts to improve the quality and design of an image can make a large different in likes, shares comments and overall reach. Of course, we also suggest that every brand work to find the strategies that work best for them, because what creates excitement for the fans of one brand won't necessarily work for the next. Brands should continually test new strategies to find the optimal path forward instead of solely relying on what is being done by competitors or successful brands from different verticals.
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Skip to comments.Adolf Hitler Part 4 part declassified documents
Posted on 03/27/2014 7:26:34 PM PDT by Sheapdog
Adolph Hitler (1889-1945) was leader of the National Socialist (Nazi) Party and Chancellor of Germany from 1933-1945; he led that country into World War II in 1939. The documents in this file range from 1933 to 1947, but primarily fall either in 1933 or between 1945 and 1947. In 1933, the FBI investigated an assassination threat made against Hitler. In the aftermath of Germanys surrender in 1945, western Allied forces suspected that Hitler had committed suicide but did not immediately find evidence of his death. At the time, it was feared that Hitler may have escaped in the closing days of the war, and searches were made to determine if he was still alive. FBI Files indicate that the Bureau investigated some of the rumors of Hitlers survival.
(Excerpt) Read more at vault.fbi.gov ...
If you go to the link and you can look through the documents. Pretty cool for the conspiracy minded. There have been a few books and authors speculating he survived as of late.
I always have wondered why there were no pictures. They took pictures of Mussolini's body. Why not Hitler? He was even more hated.
All I need to know is that he was a homo and a vegetarian. That sums up 'progessives' to a 'T'.
Yes, Hitler was a vegetarian. No, he was not homosexual.
Eva Braun's own writing and journals confirms it.
Even in 1963 Readers Digest had an article speculating that Hitler was alive in South America.
Let the truth be known! http://dailyhitler.blogspot.com/2009/12/adolf-hitler-was-woman.html
Gasoline and artillery made that difficult.
Hitler - He only had one ball...
The Soviets probably did but never released them. Stalin never admitted that the Red Army found Hitler's body.
His body was burned as he ordered before he committed suicide.
He feared that he would fall to the same treatment as Mussolini and his wife.
Also his body was captured by the Soviets. Stalin for years did not believe that Hitler was dead and kept the body under wraps.
I do believe that there is a picture of the spot where Hitlers body was found. I dont recall if his and Elsas bodies are present.
I forgot - might as well add Jerome Corsi's recent book - Hunting Hitler
No, his doctor Theo Morel (a real quack) examined him and he said everything he was ''issued''.
Such filthy lies! They told lies! But nobody ever said a bad word about Winston Churchill, did they? No! 'Win with Winnie!' Churchill! With his cigars. With his brandy. And his rotten painting, rotten!
Hitler - there was a painter! He count paint an entire apartment in one afternoon! Two Coats! Churchill. He couldn't even say 'Nazi'. He would say 'Noooo-zeeehz, Nooooooooooooo-zeeehz!' It wasn't Noses! It was Nazis! Churchill!...
Let me tell you this! And you're hearing this straight from the horse. Hitler was better looking than Churchill. He was a better dresser than Churchill. He had more hair! He told funnier jokes! And he could dance the pants off of Churchill!...Churchill!
Görtemaker, Heike B. (2011). Eva Braun: Life with Hitler. New York: Alfred A. Knopf. ISBN 978-0-307-59582-9.
Linge, Heinz (2009). With Hitler to the End: The Memoir of Hitler's Valet. New York: FrontlineSkyhorse. ISBN 978-1-84832-544-9.
I have heard that on the former Military Channel. It's a valid explanation. But not proof. :)
Calm down. I believe you.
Not to mention his incestuous obsession with his niece.
Does this have any merit at all to it?
What was her name? I forgot. I think she committed suicide.
At least Hitler had one ball ... Nobama has none!
I remember seeing a MAD magazine takeoff on Butch Casually and the Sumdunce Kid in which the waiter was Hitler.
I think it was Mad, May have been Cracked or one other spoof magazine.
Well, let's call him up and have a party!
Goering...had two but they were small...
wherever you go gays want to march in parades.
His morphine addiction must have shrunk them - he was awarded the "Blue Max" and had 22 aerial victories in WWI.
Geli Raubal. Yeah, she killed herself after Hitler kept her locked up and surrounded by guards.
are you on the roof again with those damn boids?!
Himler was very similar
But poor old Goebbles had no balls at all
I heard about a guy who said he saw a UFO point an XRAY beam into Elvis' grave and found Hitler.
I don't know.
I call BS.
That's fine. I believe he was a serious degenerate involved up to his eyeballs in the occult and that often leads into all kinds of perversions. This was true I think for Marx and many others. He followed Helena Blavatsky and The Secret Doctrine - had it by his bedside. His friend Kubizek confirms that occult writings were his favorite when in Vienna. Dietrich Eckart as a mentor was heavy into the occult. The reason I believe the Nazi's went on to persecute most occult groups once they attained power was both due to getting rid of the competition and not wanting to be exposed or have others around that knew of the same secret teachings ans inside info. Now whether one believes their is any real power or supernatural forces behind occult teachings - or just the semblance of - each to his own. I personally, believe the stuff to be demonic and Satanic whether or not this is acknowledged by the initiated or not. In fact the same forces behind Hitler's Third Reich are behind the contemporary drive for a NWO or Fourth Reich or false millennial reign.
an interesting read although not footnoted - so a Christian perspective and not helpful to an academic. The same goes for the book below.
Wurmbrandt discussed Marx as well.
Btw, I don't have any respect or buy into any Tex Marrs or a host of other Anti-Semitic nonsense not do I condone poor scholarship and misquotes of someone like Gail Riplinger - New age Bible Versions. It was through books by authors like these that one can learn just how poor and biased their scholarship and integrity or logic really is going over their bibliographies and checking their sources with their quotes often out of context or misunderstood.
finished with my rant.
Geli Raubal
And such a good rant, too... ;)
I agree with the observation of all the occultism tied to Nazi Germany - and a lot of it, JMIO, was a study in how best to manipulate masses of people through influence and playing off fears.
Kind of like what we see today with the MSM...
"Time to look out for number one."
"So I grabbed a blonde and a case of beer
Say the Russians are commin'
lets get out of here."
"Auf wiedersehn
good to've seen ya."
"I got a one way ticket to Argentina!"
He has gotten older, but this is clearly the same man:
I remember seeing a MAD magazine takeoff on Butch Casually and the Sumdunce Kid in which the waiter was Hitler.
I think it was Mad, May have been Cracked or one other spoof magazine.
It was MAD. It's one of the few I saved from childhood. :-)
Re; #15: Is that from the "Producers"?
Add animal rights activist, environmentalist, food nazi and pagan to the list.
Maybe, but he drove the women in his life crazy and not in a good way. Wasn't it Gili (not sure of spelling), his niece, that preceded Eva as the focus of his attentions. She killed herself too.
Yep, very true. But for his part, Adolph adored Eva in his own dysfunctional way...
When I was a very small child in the fifties and early sixties, there was a very popular little ditty concerning Hitler and Mussolini that was often repeated on the playgrounds but can't be repeated here due to sensitive eyes.
Hitler also saw the Mussolini photos and vowed that wouldn't happen to him. So after killing himself, he had he body burned to a crisp. Thus, no photos.
I don't suppose you could scan and post that cartoon.
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Definition of Hairy cell leukemia
Hairy cell leukemia: A rare type of chronic leukemia in which the abnormal white blood cells appear to be covered with tiny hairs when examined microscopically. The hairy cells are malignant B lymphocytes. There may be too few normal blood cells of all types because of an excSource: MedTerms™ Medical Dictionary
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