text:
ANDERSON, Chief Justice.
We granted this appeal to determine whether "cold-shoulder treatment" of an employee, which is neither racially nor sexually explicit, may, if based on race or gender, constitute unlawful harassment in violation of the Tennessee Human Rights Act and the Federal Civil Rights Act.
Plaintiff, Brenda Campbell, an African-American female, brought this employee discrimination action under the Tennessee Human Rights Act and Title VII of the Federal Civil Rights Act, alleging sexual and racial harassment against her employer, Florida Steel Corporation, based upon the behavior of three of her co-workers.
After a bench trial, the trial court first found that Campbell had been subjected to racial and sexual harassment, but concluded that Florida Steel had, after receiving notice of its existence, promptly eliminated the harassment. The trial court further found that after the harassment was terminated, Campbell's co-employees subjected her to "cold-shoulder treatment," and that Florida Steel was aware of the treatment but failed to promptly eliminate it. As a result, the trial court concluded Campbell was constructively discharged and entitled to damages.
On appeal, the trial court's damage award was reversed by the Court of Appeals, which concluded that neither the federal nor state act require employers "to ensure a pleasant social environment," and that there was, therefore, no constructive discharge. The Court of Appeals also decided that the appellate standard of review should be de novo because the "issue of constructive discharge is, at least partially, a question of law."
We agree with the result reached by the Court of Appeals, but disagree with the rationale. First, we disagree with the Court of Appeals' conclusion that conduct must be explicitly sexual or racial in nature to constitute unlawful harassment. We conclude that any disadvantageous treatment of an employee which would not occur but for the employee's race or gender may, if sufficiently pervasive, constitute unlawful harassment in violation of Title VII and the Tennessee Act.
Second, we disagree that the finding of constructive discharge in this case is subject to de novo review. A trial court's conclusions of law are subject to de novo review, while a trial court's findings of fact are afforded
Because, in this case, the evidence preponderates against the trial court's finding that the employer failed to respond promptly and effectively to the cold-shoulder treatment and also against its finding of constructive discharge, we affirm the Court of Appeals' judgment reversing the trial court on the separate grounds stated.
The plaintiff, Brenda Campbell, was hired by defendant, Florida Steel, on September 19, 1988, as a yard helper. In this entry level position, Campbell did not work in any particular area of the plant, but received daily work assignments from her supervisor, Stephen Nash. Approximately five weeks after being hired, Campbell fell while on the job and broke her arm. As a result of the accident, she was assigned to light duty work in the "mechanic shop." Ernesto Bosch was the temporary supervisor in the mechanic shop, substituting for Nash, at the time Campbell was assigned to that area.
It is undisputed that prior to her assignment to the mechanic's shop, Campbell had not previously been sexually or racially harassed by anyone at Florida Steel. It is also undisputed that she was subjected to both sexual and racial harassment by three co-workers from the time she was temporarily assigned to the mechanic shop on December 15, 1988, until December 31, 1988. At that time, another co-worker informed Bosch that Campbell was upset by sexual and racial comments being directed towards her by other employees in the mechanic shop. Later that day, Bosch questioned Campbell about the situation and, for the first time, was informed about the specific sexual and racial remarks directed toward Campbell by three of her co-workers. That evening, at a New Year's Eve party, Bosch discussed the situation with Bill Kipp, the Employee Relations Manager for Florida Steel.
January 4, 1989, was Campbell's first day back to work after the New Year's Eve holiday, and coincidentally, Nash resumed his supervision of the mechanic shop that same day. Shortly after the workday began, Campbell and Nash were called to meet with Kipp and Kurt Zetzsche, the Knoxville plant manager, regarding the incidents of harassment Campbell had discussed with Bosch on December 31, 1988. During that meeting, at the urging of Nash, Kipp and Zetzsche, Campbell, for the first time, identified the three harassing co-workers.
Immediately following the meeting with Campbell on January 4, 1989, Nash, Kipp, and Zetzsche met individually with each of the three co-workers Campbell had identified. Each man was reprimanded and warned that if the behavior persisted, it would result in further disciplinary action, up to and including termination. Written documentation of the reprimands were placed in the employees' personnel files.
Following the January 4, 1989, meeting, Campbell was purposefully reassigned to other areas of the plant so that she could avoid contact with the harassing co-workers. From that time, Campbell's contact with those three co-workers was minimal, and it is undisputed that no additional racial or sexual comments were directed toward Campbell after the January 4th meeting.
Thereafter, however, Campbell expressed concern to her supervisor that some of her co-workers were giving her the "cold-shoulder treatment." According to Campbell, her fellow employees would ignore her completely, shun her, and prevent her from sitting down in the lunch and break areas, though previously, they had made room for her to join them. At times, her co-workers would leave the room when she entered.
Nash testified that after the January 4th meeting, he spoke to Campbell on a daily basis, and that she discussed with him, in general terms, the cold-shoulder treatment, but she did not identify the specific individuals involved, despite his repeated attempts to elicit names. At trial, Campbell still did not identify specific individuals involved in the cold-shoulder treatment.
In addition to the "cold-shoulder treatment," Campbell testified that on more than one occasion after the January 4th meeting, one of the original harassers privately made threatening comments to her, such as, "shh, here comes the snitch," and on one such occasion said, "you know what we do to a snitch," while hitting the palm of his hand with an object. Campbell conceded that she never related any of these comments to Florida Steel management personnel, and the trial court specifically found that Florida Steel had no actual or constructive knowledge of any of these incidents.
On January 14, 1989, two weeks after Florida Steel took corrective action to eliminate the harassment, Campbell resigned. Several Florida Steel representatives, including Nash, tried to convince Campbell to reconsider her decision. Nash offered Campbell a temporary transfer to the warehouse, which she refused. Following her resignation, Campbell filed this employee discrimination action, alleging that she had been subjected to sexual and racial harassment which created a hostile work environment that resulted in her constructive discharge.
The case was tried without a jury in Chancery Court over a period of four days. The Chancellor concluded that Campbell had been subjected to racial and sexual harassment by three of her co-workers, but that Florida Steel had promptly and properly acted to eliminate the harassment after receiving notice of its existence. The Chancellor also determined that Florida Steel had notice of the cold-shoulder treatment, but chose to take a "wait and see" approach, and, as a result, failed to eliminate it. Accordingly, the Chancellor found that Campbell was constructively discharged and awarded $15,416 in back pay, $10,000 for mental distress, $5,898.40 for fringe benefits lost, $25,416 in attorney's fees, and $2,248 for costs and expenses of litigation.
The Court of Appeals affirmed the trial court's finding that Campbell had been subjected to a hostile work environment, and held that Florida Steel had promptly and properly dealt with the sexual and racial harassment after receiving notice of its existence. The Court of Appeals, however, reversed the trial court's finding of constructive discharge and dismissed the action, concluding that neither the Tennessee Human Rights Act nor the Federal Civil Rights Act require employers "to ensure a pleasant social environment." Since "[t]he cold-shoulder treatment was not itself of a racial or sexual nature," the Court of Appeals explained, Florida Steel had no legal duty to eliminate it and is not subject to liability for its continuation.
We granted Campbell's application for permission to appeal to consider this important question.
The disputed issues in this appeal are whether the Court of Appeals erred in concluding that Florida Steel had no duty, under either Title VII of the Federal Civil Rights Act or the Tennessee Human Rights Act, to eliminate the cold-shoulder treatment which was not racially derogatory or sexually explicit in nature, and whether the Court of Appeals erred in concluding that Campbell was not constructively discharged.
Resolution of these issues requires an examination of the law relating to hostile work environment harassment and constructive discharge. This Court has not addressed the issues raised in this appeal previously, and indeed, Tennessee authority on the subject is sparse.
We begin our analysis with Title VII of the Civil Rights Act of 1964, which makes it unlawful for an employer to "discriminate against any individual with respect to ... compensation, terms, conditions or privileges of employment because of such individual's race, color, religion, sex, or national origin." 42 U.S.C. § 2000e-2(a)(1).
The stated purpose and intent of the Tennessee Act is to provide for execution within Tennessee of the policies embodied in the federal civil rights laws. Tenn. Code Ann. § 4-21-101(a)(1) (1991 Repl.); Bennett v. Steiner-Liff Iron & Metal Co., 826 S.W.2d 119, 121 (Tenn. 1992). Accordingly, our analysis of the issues in this appeal is the same under both the Tennessee Human Rights Act and Title VII of the Federal Civil Rights Act.
It is beyond dispute that both the Federal and State Acts apply to claims of discrimination based on the existence of a hostile work environment. The Fifth Circuit was apparently the first court to interpret Title VII to cover such claims. In Rogers v. E.E.O.C., 454 F.2d 234 (5th Cir.1971), that court recognized that "today employment discrimination is a far more complex and pervasive phenomenon," and held that Title VII "sweeps within its protective ambit the practice of creating a working environment heavily charged with ethnic or racial discrimination." Id. at 238.
The United States Supreme Court first explicitly recognized that hostile environment harassment claims are cognizable under Title VII in Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986), a sexual harassment case. The Supreme Court approvingly cited Rogers for the proposition that "Title VII affords employees the right to work in an environment free from discriminatory intimidation, ridicule, and insult." Id., 477 U.S. at 65, 106 S.Ct. at 2405. Observing that courts previously had applied that principle to harassment based on race, religion, and national origin, id., the Meritor court concluded that "a hostile environment based on discriminatory sexual harassment" should likewise be prohibited under Title VII. Id., 477 U.S. at 66, 106 S.Ct. at 2405 (emphasis in original). More recently, in Patterson v. McLean Credit Union, 491 U.S. 164, 109 S.Ct. 2363, 105 L.Ed.2d 132 (1989), the Supreme Court explicitly affirmed the proposition that racial harassment in employment is actionable under Title VII. Id., 491 U.S. at 180, 109 S.Ct. at 2374.
Hostile work environment harassment occurs "where conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment." Meritor, 477 U.S. at 65, 106 S.Ct. at 2404.
To prevail on a hostile work environment claim in a sexual harassment case, an employee must assert and prove that (1) the employee is a member of a protected class; (2) the employee was subjected to unwelcomed sexual harassment; (3) the harassment occurred because of the employee's gender; (4) the harassment affected a "term, condition, or privilege" of employment; and (5) the employer knew, or should have known of the harassment and failed to respond with prompt and appropriate corrective action. Rabidue v. Osceola Ref. Co., 805 F.2d 611, 620 (6th Cir.1986);
Similarly, in order to prevail on a hostile work environment racial harassment claim, a plaintiff must prove (1) membership in a protected class; (2) racially motivated conduct that constituted an unreasonably abusive or offensive work-related environment or adversely affected the reasonable employee's ability to do his or her job; and
In either context, "[c]onduct that is not severe or pervasive enough to create an objectively hostile or abusive work environment — an environment that a reasonable person would find hostile or abusive — is beyond Title VII's purview. Likewise, if the victim does not subjectively perceive the environment to be abusive, the conduct has not actually altered the conditions of the victim's employment and there is no Title VII violation." Harris, 510 U.S. at ___, 114 S.Ct. at 370.
In determining whether an environment is hostile or abusive, a court must consider the totality of the circumstances. Id. While no single factor is required or conclusive, considerations relevant to the determination include, but are not limited to, the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; whether it unreasonably interferes with an employee's work performance; and the employee's psychological well-being. Id.
Moreover, the conduct underlying a hostile environment claim need not be clearly sexual in nature. Before 1985, there were court decisions indicating that the predicate acts underlying a sexual harassment claim had to be clearly sexual in nature. See e.g. Downes v. F.A.A., 775 F.2d 288, 290 (Fed. Cir.1985). However, in McKinney v. Dole, 765 F.2d 1129 (D.C. Cir.1985), the District of Columbia Court of Appeals rejected that narrow definition and held "that any harassment or other unequal treatment of an employee or group of employees that would not occur but for the sex of the employee or employees may, if sufficiently patterned or pervasive, comprise an illegal condition of employment under Title VII." Id., 765 F.2d at 1138-39.
Other courts considering the issue since have agreed with the McKinney rationale and have concluded that "intimidation and hostility toward women because they are women can obviously result from conduct other than explicit sexual advances." Hall, 842 F.2d at 1014; see also Harris, 510 U.S. at ___, 114 S.Ct. at 372 (Ginsburg, J., concurring) (The key issue "is whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed"); King v. Hillen, 21 F.3d 1572, 1583 (Fed. Cir.1994); Kopp v. Samaritan Health Sys., Inc., 13 F.3d 264, 269 (8th Cir.1993); Andrews, 895 F.2d at 1485; Hicks v. Gates Rubber Co, 833 F.2d 1406, 1415 (10th Cir.1987).
Moreover, the same reasoning applies to racial harassment hostile environment claims. Racial harassment can exist, though the conduct at issue is not racially derogatory in nature. The key inquiry is whether an employee, or a group of employees, of one race has been subjected to disadvantageous terms or conditions of employment to which members of another race are not exposed. See e.g. Firefighters Inst. for Racial Equality v. City of St. Louis, 549 F.2d 506 (8th Cir.1977) (Holding that the city's duty to provide a nondiscriminatory working environment required it to provide by regulation that on-duty firefighters would not be permitted to use city kitchen facilities if the firefighters' supper clubs excluded black firefighters from membership). Indeed, as the Harris court recognized, a plaintiff need only prove that "discriminatory" conduct resulted in a hostile work environment. Harris, 510 U.S. at ___, 114 S.Ct. at 370.
Finally, Title VII does not impose strict liability for hostile environment claims. Even if an employee establishes the existence of a hostile work environment, the plaintiff will not recover under Title VII unless the proof demonstrates that the employer either knew or should have known of the harassment, and failed to take prompt and appropriate remedial action. Nash v. Electrospace System, Inc., 9 F.3d 401, 403 (5th Cir.1993); Steele v. Offshore Shipbuilding, Inc., 867 F.2d 1311, 1316 (11th Cir.1989);
Title VII does not precisely define "prompt and appropriate remedial action;" however, in general, employers are required to take steps "reasonably calculated" to terminate the harassment. Saxton v. American Tel. & Tel. Co., 10 F.3d 526, 536 (7th Cir.1993) (citing cases). Of course, what remedial action is reasonable and appropriate will vary depending on the circumstances of each case. Davis, 858 F.2d at 349.
Applying the foregoing principles to the facts of this case, it is clear that the trial court and the Court of Appeals correctly concluded that Campbell was subjected to hostile work environment sexual and racial harassment, and that upon receiving notice, Florida Steel promptly and effectively eliminated the harassment that was explicitly sexual and racial in nature. We cannot, however, agree with the Court of Appeals' broad statement that Title VII does not, under any circumstances, require an employer to eliminate conduct which is not racially derogatory or sexually explicit in nature. We conclude that if an employee is subjected to discriminatory conduct on the basis of race or gender, and the discriminatory treatment creates a hostile work environment and the employer has notice, a duty exists on the part of the employer to take prompt and appropriate remedial action, reasonably calculated to terminate the harassment.
Applying that standard to the specific facts in this case, we observe that Nash, Campbell's immediate supervisor, testified that he spoke with Campbell on a daily basis after the January 4th meeting at which action had been taken to eliminate sexual and racial harassment. When she complained of the cold-shoulder treatment, he repeatedly requested that she provide the names of those individuals involved. Campbell never identified any of the individuals involved, even when Nash suggested specific names to her. From her viewpoint, Campbell was no doubt faced with a Hobson's choice — identify the offenders, be labeled a snitch and suffer the consequences, or refuse to identify them, making it impossible for the company to alleviate the problem, and continue to suffer. The threats from one of the original harassers may have had some influence as well. In any event, she chose to keep silent.
Kipp, Florida Steel's personnel manager, testified that had the plaintiff identified the individuals engaging in the cold-shoulder treatment, company officials would have taken action. In addition, Nash testified that at every opportunity he involved Campbell in conversations with other employees in the plant, and that, at one point, Campbell told him that the situation was improving.
We conclude that the evidence establishes that Florida Steel attempted to address the problem, but was limited by Campbell's reluctance to "snitch" on her fellow employees. Accordingly, even if we assume that Campbell was subjected to the cold-shoulder treatment because of her race or gender, and further assume that such discriminatory conduct resulted in a hostile work environment, we still agree with the Court of Appeals' conclusion that the evidence preponderates against the trial court's finding that Florida Steel failed to take prompt and appropriate remedial action to eliminate the cold-shoulder treatment. Instead, we conclude that Florida Steel responded appropriately based on the available information, and is not liable under either Title VII or the Tennessee Human Rights Act for hostile work environment harassment.
We next consider the Court of Appeals conclusion that Campbell failed to establish that she was constructively discharged.
The doctrine of constructive discharge first developed under the National Labor Relations Act and is, in that branch of law, well-established. See Goss v. Exxon Office Sys., Co., 747 F.2d 885, 887 (3rd Cir.1984) (citing cases).
In Young v. Southwestern Sav. & Loan Ass'n, 509 F.2d 140, 144 (5th Cir.1975), the former Fifth Circuit determined that when "an employee involuntarily resigns in order to escape intolerable and illegal employment requirements" to which the employee is subjected because of race, color, religion, sex, or
While application of the constructive discharge doctrine now has received apparently universal recognition among the federal circuit courts of appeal, Goss, 747 F.2d at 887, there is a divergence of opinion among the federal circuits as to the factors necessary to support a finding of constructive discharge, and as to the standard of appellate review applicable to a finding of constructive discharge.
Most courts begin with the proposition that a constructive discharge exists "if working conditions would have been so difficult or unpleasant that a reasonable person in the employee's shoes would have felt compelled to resign." Bruhwiler v. University of Tennessee, 859 F.2d 419, 421 (6th Cir.1988); see also Saxton, 10 F.3d at 537; Cortes, 977 F.2d at 200; Hirschfeld, 916 F.2d at 580; Paroline, 879 F.2d at 109; Maney v. Brinkley Mun. Waterworks and Sewer Dept., 802 F.2d 1073, 1075 (8th Cir.1986); Wardwell v. School Board of Palm Beach County, Fla., 786 F.2d 1554, 1557 (11th Cir.1986).
However, courts disagree as to whether a plaintiff must show that the discrimination complained of amounted to an intentional course of conduct on the part of the employer calculated to force the employee's resignation. The minority view is that an employee must prove that the actions complained of were intended by the employer as an effort to force the employee to quit. Martin v. Cavalier Hotel Corp., 48 F.3d 1343, 1354 (4th Cir.1995); Maney, 802 F.2d at 1075. However, a majority of courts considering the issue require only a showing that the employer knowingly
We agree with the majority rule that requires only a showing that a reasonable employer would have foreseen the employee's resignation, given the intolerable conditions of employment, and hold that to establish a constructive discharge, an employee need only show that the employer knowingly permitted conditions of discrimination in employment so intolerable that a reasonable person subject to them would resign. This standard is particularly appropriate in the context of hostile work environment harassment, where it would be very difficult, if not impossible, for a plaintiff to prove that an employer imposed the intolerable working conditions with the specific intent to force the employee to resign.
We emphasize, however, that in the context of a hostile work environment claim, that standard requires a plaintiff claiming constructive discharge to demonstrate that the harassment is so severe or pervasive that work conditions were intolerable, a showing greater than the minimum required to prove a hostile work environment. Landgraf v. USI Film Products, 968 F.2d 427, 430 (5th Cir.1992); Henry v. Lennox Indus., Inc., 768 F.2d 746, 752 (6th Cir.1985). The policy and purpose of Title VII of the Federal Civil Rights Act and the Tennessee Human Rights Act is to end discrimination in employment. In our view, that policy will be best served if, "wherever possible, unlawful discrimination is attacked within the context of existing employment relationships." Jurgens, 903 F.2d at 390. That policy is furthered by requiring plaintiffs who claim constructive discharge to demonstrate that the work environment is not only hostile and abusive, under the Title VII standards discussed above,
Finally, we address the appropriate standard of appellate review applicable to a finding of constructive discharge. The overwhelming majority of other courts considering the issue have concluded that constructive discharge is a question of fact and, therefore, have accorded deference to a trial court's determination of the issue. Cortes, 977 F.2d at 200; Hirschfeld, 916 F.2d at 575; Steele, 867 F.2d at 1317; Huddleston, 845 F.2d at 905; Goss, 747 F.2d at 888-89. Only the Sixth Circuit has expressed apparent disagreement, stating instead that "constructive discharge is, at least partially, a question of law and must therefore be reviewed by this Court de novo." Yates v. Avco Corp., 819 F.2d 630, 636 (6th Cir.1987). Despite its statement in Yates, the Sixth Circuit actually has applied the clearly erroneous fact question standard when reviewing the question of constructive discharge in subsequent cases. Bruhwiler, 859 F.2d at 421 (applying the clearly erroneous standard of review); see also Wheeler, 875 F.2d at 1249 (quoting Yates, but applying a clearly erroneous standard); Henry, 768 F.2d at 751-52 (stating that the issue of constructive discharge depends upon the facts of each case and applying the clearly erroneous standard of review).
Our reading of the Yates decision convinces us that the Sixth Circuit did not reject the proposition that constructive discharge is a question of fact, but was merely pointing out, in that case, the principle that a determination of the issue of constructive discharge involves an application of law to facts. If the trial court correctly states the legal standard, then findings as to whether the facts meet the legal standard are accorded full deference, and in the federal system, will be disturbed only if clearly erroneous. If the trial court misstates the governing law, however, an appellate court need not afford full deference to those factual determinations that depend upon, or incorporate, the erroneous rule of law. See Daniels, 937 F.2d at 1269 (discussing the principle in the context of a hostile work environment claim).
The Tennessee standard of appellate review applicable to findings of fact by a trial court sitting without a jury is actually a general statement which readily accommodates determinations which require an application of law to fact.
Accordingly, we agree with the Sixth Circuit's conclusion that the determination of whether or not a constructive discharge exists requires an application of law to facts and hold that Tennessee appellate courts reviewing a non-jury determination of the issue should apply Tenn.R.App.P. 13(d).
Although the record reflects that the trial court applied the correct legal standard when determining constructive discharge in this case, we agree with the Court of Appeals that the evidence preponderates against the trial court's finding of constructive discharge. The evidence does not establish that Florida Steel knowingly permitted conditions of discrimination in employment so intolerable that
Because Florida Steel responded reasonably to the cold-shoulder treatment, and had no knowledge of the threats which the trial court characterized as a "substantial and significant reason" for Campbell's resignation, we conclude that the evidence preponderates against the trial court's finding of constructive discharge. Accordingly, we affirm the judgment of the Court of Appeals.
We cannot end this opinion without emphasizing that we are limited in this appeal to considering the liability of an employer based on the employer's knowledge of and response to its employees' misconduct. The employees' misconduct in this case, as reflected by the record, was totally and completely reprehensible. We condemn in the strongest possible terms the appalling treatment of this employee because of her race and gender.
Having determined that Florida Steel is not liable to Campbell for hostile work environment sexual and racial harassment under either Title VII of the Federal Civil Rights Act or the Tennessee Human Rights Act, and that the evidence preponderates against the trial court's finding of constructive discharge, we affirm the Court of Appeals' judgment dismissing the case, upon the separate grounds stated. Costs of this appeal are taxed to the plaintiff, Brenda Campbell, for which execution may issue if necessary.
DROWOTA, REID, BIRCH and WHITE, JJ., concur.


text:
Get notified when new sales are live
Subscribe to our notifications so you don't miss out on our new sales!
Levi's Girls' Mini Riveter Backpack - Pink Check
$19.99 for this cool kids' backpack!
Front zipper pocket | Extra side storage for drink bottles & more!
- Levi's accessories
- For girls
- Style: Mini Riveter backpack
- Colour: Pink Check
- Front zipper pocket
- Elasticised drink bottle & accessory holders
- Padded adjustable straps
- Convenient carry handle
- Dimensions (approx, cm): 30 x 25 x 10 (H x W x D)
- Materials: Polyester
- Country of origin: China

subset: commoncrawl


text:
Assou-Ekotto injury blow
Tottenham full-back Benoit Assou-Ekotto is set to miss most of January after suffering a groin strain.
Last Updated: 01/01/10 7:56am
Tottenham full-back Benoit Assou-Ekotto is set to miss most of January after suffering a groin strain.
Assou-Ekotto, 25, has withdrawn from Cameroon's African Nations Cup squad and will have an injection next week, but it is understood he will not require an operation.
England winger Aaron Lennon has already been ruled out for a fortnight with a similar problem.
"Benoit is having an an injection on Monday," manager Harry Redknapp said. "And he will be out for a few weeks.
"He has been terrific. Two terrific players, him and Lennon, have both picked up groin strains. It's a big blow to us. They are two outstanding players."
Gareth Bale is set to deputise for Assou-Ekotto at left-back but Redknapp has still not decided how to replace Lennon on the right flank.
David Bentley is an obvious choice but Luka Modric has returned from a fractured fibula, while Niko Kranjcar's form has impressed.
Redknapp added: "I could play Krancjar and Modric wide. Modric could play on the right just as easily as on the left. The two Croatian boys are fantastic technicians and great footballers."


text:
BIG MO is back! This time the self titled King Of Kaduna (K.O.K.D) teams up with EME's Shaydee to provide the visuals to his latest single; Anything For You. Produced by TK, Anything for you is a playful and fun jam.
The video sees Big Mo and Shaydee having loads fun in a casino. Directed by Stanz Visuals on location in Lagos, Nigeria. Emmanuel Derine Momoh who goes by the moniker BIG MO, debuted on the Nigerian music scene in 2012.
Also Download
I so much love the chorus sang by the chakam crooner shaydee on the singo
Na xo »from its royal highness !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Na xo »from its royal highness osm prince!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Anybody with link to downloading the audio
Nice one bro..


text:
|Message view
|« Date » · « Thread »
|« Date » · « Thread »
|Otis Gospodnetic <otis_gospodne...@yahoo.com>
|Re: Lucene sandbox
|Thu, 06 Nov 2003 14:28:09 GMT
Excellent! I read Mark Rosen's paper and was going to see if it made any sense to make similar modifications to Lucene... when I have some more free time, ha ha ha. Regarding Sandbox contributions, it's simple. When you have everything (including a short README and build.xml/project.xml) zip it up and stick it in Bugzilla. The sources should contain ASL at the top, as seen in Lucene's sources. I think that is all. Thanks, Otis P.S. Another person recently expressed interest in adding Term Vector support. I wonder if he has been doing that and I wonder if this resulted in duplicated effort. --- Gregor Heinrich <firstname.lastname@example.com> wrote: > Hi, > > what is the workflow to upload code to the Lucene sandbox CVS > repository? I > am working on a document vector storage that is based on 1.3-RC2 and > Mark > Rosen's Haystack forward indexer (see past mailing list > communication) and > would like to make this work available once it is in a uploadable > state. > > Best regards, > > Gregor > > > > --------------------------------------------------------------------- > To unsubscribe, e-mail: email@example.com > For additional commands, e-mail: email@example.com > __________________________________ Do you Yahoo!? Protect your identity with Yahoo! Mail AddressGuard http://antispam.yahoo.com/whatsnewfree --------------------------------------------------------------------- To unsubscribe, e-mail: email@example.com For additional commands, e-mail: email@example.com
|View raw message


text:
32"/80cm Dreamz Circular Needles {birch/wood}
It matters which needles one chooses to use when knitting, here at The Crafty Jackalope, we love Dreamz circular needles. Whether you like metal or wood, Dreamz delivers on both. With a perfect tapered point; light weight, strong & durable; smooth join allowing for easy stitch guide & no snagging; flexible cord with no kinks or twists, these needles will not disappoint. Perfect for every project.
Choose your set size for these 32"/80cm length.
- 2.0mm (0US)
- 2.25mm (1US)
- 2.50mm (--US)
- 2.75mm (2US)
- 3.0mm (--US)
- 3.25mm (3US)
- 3.50mm (4US)
- 3.75mm (5US)
- 4.0mm (6US)
- 4.5mm (7US)
- 5.0mm (8US)
- 5.5mm (9US)
- 6.0mm (10US)
- 6.5mm (10.5US)
- 7.0mm (--US)
- 8.0mm (11US)
- 9.0mm (13US)
- 10.0mm (15US)
- 12.0mm (17US)
- 15mm (19US)


text: Alexander Lebedev's irregular offerings on twitter.com/lebedevalex are full of interest – as when he reprinted his letter to the Sunday Times last weekend about its profile of him (wryly protesting about the picture used and calling himself "Putin's Trojan horse"), and back in January recorded he was "reading Rod Liddle's book of stories Too Beautiful for You. Controversial? Yes. Talented? Yes." However, his feed displays an incomplete awareness of the local media scene (one tweet links to "my diary column in Ken Livingstone's New Statesman"), and reprinting the Sunday Times's subbed version of his letter would have been better than the original, which reads like a speech by his meerkat namesake. He needs an editor, in other words. Make that two editors.


text:
Vennligst vent...
Blekk & Toner guide
This Color Filter Set is compatible with the Speedlite 600EX II-RT and includes Color Filter SCF-E3OR1 (Light Orange), Color filter SCF-E3OR2 (Dark Orange). SCF-E3OR1 adjusts color temperature of backgrounds and subject by suppressing the bluish light of flash output, and taking advantage of incandescent lighting to create warmer tones. SCF-E3OR2 adjusts color temperature of backgrounds and subjects to more natural colors when shooting with flash under incandescent lighting situations.


text:
I have had to consultation appointments with Dr Cochran and they were very positive and left me feeling optimistic and ready! My procedures have to be split into two because my ins. is covering my breast reduction/lift but not the TT or fat transfer. I will do breasts on 9/20 & the rest 9/26! Can't wait. Will post before and after pics as I proceed!
MMO ~ Mother of 5 and 43 Yrs Old Ready to Get my Body Back! - Columbus, GA
I have had to consultation appointments with Dr...
Was this review helpful? {{ voteCountOthers + ' other' + (voteCountOthers == 1 ? '' : 's') }} found this helpful


text: 5 x 10 trailer with rear drop gate. New treated decking and new paint in March. Newer load C 15" tires. I purchased this trailer new in 2002. I'm going to a larger trailer, so this one has to go. NE Ohio. Asking $700. PM me for any more details.


text:
Snapseed 22.214.171.124449766
Snapseed v18.104.22.168449766 | 32,2 MB
Requirements: Android 4.1+
Snapseed is the only photo app you'll want to use every day. It makes any photograph extraordinary with a fun, high-quality photo experience right at your fingertips.
Anyone can enhance, transform, and share their photos with ease using incredibly advanced features from the leader in digital photography software. Built-in Google+ capabilities make it even more powerful to share your images with your friends and family.
- Easily adjust your photos with a single tap using Auto Correct
- Tweak your photo to perfection with Tune Image
- Use Selective Adjust to enhance specific objects or areas in your photos
- Experiment with fun & innovative filters like Drama, Vintage, Grunge, and Tilt-Shift
- Add Image Borders for a finishing touch
- Share your creations via Google+, email, and any other service you have installed.
Language support: English, German, French, Spanish, Italian, Brazilian Portuguese, Japanese, Chinese (Traditional and Simplified), and Arabic
Basic Adjustments
- Auto Correct - Automatically analyzes your photo and adjusts color and exposure to perfection.
- Selective Adjust - Make precise selections and enhancements to specific areas of your photos in seconds with Nik Software's revolutionary U Point technology.
- Tune Image - Use Ambience to create depth and vibrancy that uniquely adapts to colors and textures. Adjust White Balance, Saturation, Contrast, more.
- Straighten & Rotate - Rotate 90° and/or straighten photos with simple gesture controls.
- Crop - Easily crop images to remove distracting parts of your photo with standard aspect ratios, or a free crop.
Creative Enhancements
- Black & White - Get that classic Black and White look with this darkroom-inspired filter.
- Vintage Films - Make any photo look like a vintage color film photo from the 50's, 60's or 70's.
- Drama - Add style with a custom effect specifically tailored to your photos, ranging from subtle textures to wildly artistic effects.
- Grunge - Give your photos a totally unique, hip, and dingy look.
- Tilt-Shift - Create a narrow in-focus area designed to simulate depth of field, common in a Miniature Scene look.
- Details - Enhance details with traditional sharpening or the unique Structure control found in the Nik Software professional products.
- Center Focus - Draw attention to the subject of your photo by blurring and adjusting the brightness of the surrounding background.
- Frames - Add stylized borders to photos for the perfect finishing touch.
- Retrolux - Make your photos look truly retro with light leaks, scratches, film styles, and more.
- New Face tool: A photographic tool that helps you bring focus to faces, smoothen skin, and add clarity to eyes.
- New Perspective tool: Straighten lines in your images by removing the perspective effect from the original images. New UI with more intuitive and flexible control.
- New White Balance tool: Fine color balance control with pinpoint precision via an eye dropper tool.
- Set the preferred JPG compression rate, or even save lossless (PNG) when exporting.
Download From Nitroflare.com
Download From Rapidgator.net
Download From Rapidgator.net


text:
Many modules or applications maintain a user-spec configuration data directory. And the implementation pattern is generally the same. A directory like /home/myuser/.application is created and populating by a set of default files the first time an app...ADAMK/File-UserConfig-0.06 - 24 Aug 2008 00:04:07 GMT - Search in distribution
chordpro will read one or more text files containing the lyrics of one or many songs plus chord information. chordpro will then generate a photo-ready, professional looking, impress-your-friends sheet-music suitable for printing on your nearest print...JV/App-Music-ChordPro-0.82 - 21 Jul 2017 20:36:12 GMT - Search in distribution
- App::Music::ChordPro - A lyrics and chords formatting program
VarCon is a data set provided as part of the Word List project. It contains a number of lists and tables of words that can be used to help automatically convert the English language between the differing spellings of it's local dialects (American, Br...ADAMK/Lingua-EN-VarCon-1.00 - 01 Oct 2006 04:24:13 GMT - Search in distribution
This module creates exception classes used by Config::Model. All exception class name begins with "Config::Model::Exception" The exception classes are: "Config::Model::Exception" Base class. It accepts an "object" argument. The user must pass the ref...DDUMONT/Config-Model-2.106 - 16 Jul 2017 14:07:23 GMT - Search in distribution
This module implements a Tk GUI front-end to the PAR::Dist::InstallPPD module's "parinstallppd" command. You will generally want to use the "parinstallppdgui" command instead of using this module. The interface to "parinstallppd" isn't done in code v...SMUELLER/PAR-Dist-InstallPPD-GUI-0.05 - 15 Jan 2007 13:40:00 GMT - Search in distribution
KENTNL/Path-IsDev-HeuristicSet-FromConfig-0.002000 - 18 Oct 2013 11:18:00 GMT - Search in distribution
- Path::IsDev::HeuristicSet::FromConfig::Loader - Configuration loader and decoder for ::FromConfig


text: Lloyd Pye offers evidence of what has come to be known as the star child skull. He presents scientific evidence for the astounding nature of this skull including x-rays, electron microscope scans, and DNA testing. Along the way he compares and contrasts human skulls with the star child skull and even reveals the potential parentage of the star child. What he has to say may upset everything the scientific community has come to accept about the origin of humanity and the existence of extraterrestrial beings.


text:
Florianópolis - SC
Beira Mar Norte, 220 - Centro
Zip Code 88015-600
(48) 3229-3144
SLAVIERO Baía Norte Florianópolis
Florianópolis - SC
Beira Mar Norte, 220 - Centro
Zip Code 88015-600
Telefone: (48) 3229-3144
A space to be delighted by the view of the Hercílio Luz Bridge, a postcard of the capital city, and with the delicious dishes signed by Chef Ary Jr. For you to enjoy the best cooking of Ilha da Magia, the restaurant is specialized in contemporary cuisine and seafood.
Selected and fresh seafood brought in by the fishermen, from the sea to your plate, through the capable hands of Chef Ary Jr.
Chef: Chef Ary Jr.
Working hours: 6h to 23h
To enjoy the day, nothing better than start with a strong breakfast, full of delights, and to renew your energy admiring the postcard Florianópolis.
Culinary: 6h to 10:30h
Speak to one of our attendants in real time


text:
User talk:DiF-Vp's
| This is the talk page for User:DiF-Vp's. Please leave a message.
Always sign off your messages using four tildes (~~~~ ) to automatically add your signature.
Hi, welcome to Grand Theft Wiki! Thanks for your edit to the Clean Getaway page.
Please leave a message on my talk page if I can help with anything! -- A-Dust (Talk) 16:58, January 13, 2010


text:
For challenging fishing situations a tough reliable leader is imperative, and there aren't many leaders that are as tough as Momoi Hi-Catch fishing leader
Manufacturing fishing lines for over 100yrs in Japan, Momoi Hi-Catch fishing leader is renowned for its high abrasion resistance and durability, hence its popularity as a heavy game fishing leader.
Featuring a thick hard wearing outer layer with a limp core, Momoi Hi-Catch is supple enough to not hamper a lure or bait's action, yet still remains incredibly tough after hours of rubbing along the teeth of a hooked tuna, or sliding around on the rough surface of a marlin's bill.
♦ Metres: 50
♦ High abrasion resistance
♦ Supple yet still tough and durable
♦ Clear in colour
♦ Made in Japan
♦ High resistance to UV light
Note: Price varies per size - (Select a size to view price)
♦ 60lb Momoi Standard - 0.75mm
♦ 80lb Momoi Standard - 0.85mm
♦ 100lb Momoi Standard - 0.95mm
♦ 150lb Ultra Marlin Hard - 1.28mm - (Suits Crimp Size 1.3mm - 1.5mm)
♦ 200lb Extra Hard Leader - 1.45mm - (Suits Crimp Size 1.7mm)
♦ 300lb Extra Hard Leader - 1.80mm - (Suits Crimp Size 2.0mm)
♦ 400lb Extra Hard Leader - 2.05mm - (Suits Crimp Size 2.3mm)
♦ Momoi Hi-Catch has very high abrasion resistance while still remaining relatively supple, which allows full movement of all baits and lures and allows the angler to step down in leader size compared to leaders that aren't as tough if so inclined.
♦ The durable nature is increased by the fact that Momoi Hi-Catch is treated to resist degradation by UV light.
If you're in the market for some trace for game fishing or other heavy fishing than throwing some Momoi Hi-Catch fishing leader in your shopping cart today will be of benefit.


text:
Beyonce At Cannes Film Festival
Nice, France :: Superstar Beyoncé Knowles, 24, travelled through Nice airport earlier on today. Beyoncé is making an appearance at the 59th Cannes Film Festival for a promotional preview of her new feature film Dreamgirls. Dreamgirls opens in theaters nationwide on December 21st. Recently, it was announced that the release of Destiny's Child bandmate Kelly Rowland's second solo album has been delayed until next year, so it doesn't clash with Beyoncé's LP, which is due out later this year. Yeah, make way for Beyoncé!!!!!! More pictures in the gallery!


text:
U.S. trademark law Edit
If the examining attorney raises no objections to registration, or if the applicant overcomes all objections, the examining attorney will approve the mark for publication for opposition in the Official Gazette.
The U.S. Patent and Trademark Office will send a Notice of Publication to the applicant stating the date of publication. Any party who believes it may be damaged by registration of the mark has thirty (30) days from the publication date to file either an opposition to registration or a request to extend the time to oppose.
If no opposition is filed or if the opposition is unsuccessful, the application enters the next stage of the registration process. A Certificate of Registration will issue for applications based on use, or on a foreign registration under §44, or a Notice of Allowance will issue for intent to use applications.


text:
|Grapegrower & Winemaker
|Wine & Viticulture Journal
|Wine Industry Directory
|Daily Wine News
News posted on Wednesday, 30 May 2007
Murray targets fall short
A target to restore 500 gigalitres of water a year to the Murray by 2009 will fall short by as much as 200 gigalitres, latest figures show.
McGuigan to off-load NSW winery
McGuigan Simeon Wines will sell its former Miranda Winery at Griffith in southern New South Wales.
Medal success at world's largest competition
Howard Park Wines has collected two Silver Medals at the world's largest wine competition, the International Wine Challenge in the UK for its 2004 Howard Park Leston Shiraz and 2006 Howard Park Riesling.
Quality vintage in line with expectations
The New Zealand 2007 grape harvest of 205,000 tonnes is set to produce superb wines but many wineries will be frustrated by shortages, despite a lift in production from 2006.


text:
On Thursday, National Newspaper Publishers Association columnist Julianne Malveaux wrote that Marco Rubio, along with two Asian-American Senators, one Hispanic Senator, and two black Senate candidates are all in fact white men.
Malveaux, also the president of Bennett College, decried the travails of Kendrick Meek, the black Democrat vying for his party's nomination for US Senate in Florida. "If Meek can't pull this one off," Malveaux wrote, "the United States Senate will become, again, a segregated body." She also used the terms "lily-white" and "all-white" to describe the racial makeup of a Meek-less Senate.
Readers must be forgiven for their confusion, given that another candidate for Senate in Florida, Marco Rubio, is not white, but Hispanic. In fact, excluding Roland Burris, Illinois's lame duck junior Senator, the Senate has three non-white members: Daniel Inouye and Daniel Akaka of Hawaii are both of Asian descent, and Robert Menendez is of Hispanic descent.
There are also black Senate candidates beyond Meek: Alvin Greene in South Carolina, and the less-known but infinitely more qualified Georgia Labor Commissioner Michael Thurmond.
How to explain Malveaux's bizarre contention? Your guess is as good as ours.


text:
Millar knocks in go-ahead run as Orioles rally in ninthOct 1, 2006 - 3:06 AM BOSTON (Ticker) -- Kevin Millar pulled his old team a little closer to his new team in the American League East standings.
Millar connected for a two-run single in the ninth inning as the Baltimore Orioles rallied to edge the Boston Red Sox, 5-4, in the middle game of season-ending three-game series.
With the setback, the Red Sox (85-76) fell a full game back of the Toronto Blue Jays (86-75) for second place in the AL East. The Blue Jays defeated the New York Yankees, 6-5, earlier Saturday. Boston is in jeopardy of not finishing second in the league for the first time in eight seasons.
Millar, who spent his previous three years in a Red Sox uniform and enjoyed the 2004 World Series title, erased the fourth-place Orioles' 4-3 deficit in the ninth.
"It's been a dogfight all year," Millar said. "They know what I hit they know what my holes are they know what my strengths are, so it's kind of been a game of cat and mouse with (catchers Jason) Varitek and (Doug) Mirabelli back there," Millar said.
With two runners on and batting against Mike Timlin (6-6), Millar singled off the fence in left field, allowing pinch runner Corey Patterson and Ramon Hernandez to score easily for a 5-4 edge.
"I've hit that wall enough times to know that was not going to be a home run. You have to hit the ball up to get it out," Millar said. "A big win for us; we haven't won a game here all year so it was nice to get a win and help your team contribute somehow to help the team win."
The Orioles snapped a nine-game losing streak at Fenway Park.
Chris Ray (4-4) pitched a scoreless eighth and ninth to earn the win. He survived a close call as David Ortiz hit a pinch-hit shot that was caught at the warning track in center field by Patterson.
"I wasn't going to put the tying run on base so I had to go after him and luckily he hit it to the right part of the ballpark" said Ray of facing Ortiz to lead off the ninth.
Boston starter Tim Wakefield gave up three runs and five hits in six innings.
His counterpart, rookie Adam Loewen surrendered four runs, three hits and five walks in 5 1/3 frames.
Boston scored three runs in the sixth to rally from a 3-1 hole. Manny Ramirez, who made his first start since September 9, highlighted and sparked the comeback with his 35th homer. Carlos Pena capped the uprising with an RBI single to right, making it 4-3.
Gomez extended his hitting streak to 18 games for Baltimore (70-91).
"Gosh, he's (Gomez) been hot," Orioles manager Sam Perlozzo said. "The way we're set up you want to get him in there as much as you can, it's hard to find a spot but every time he comes in he's really helped us here lately and he did again tonight."
No one has shouted yet.
Be the first!
Be the first!
Related News
- Orioles-Astros Preview May 23
- Ventura: Relievers, media pose threats to Bradley's streak May 23
- Baseball Capsules May 22
- Perez's 5 RBIs help Weaver and Angels top Orioles 10-2 May 22
- Ortiz gets 4 hits, Bradley's streak at 27, Bosox top Indians May 22
- Boston's Bradley extends hitting streak to 27 games May 22
- Shoemaker strikes out 12, Angels lose 3-1 to Orioles May 22
- Wieters homers in ninth to lift Orioles past Angels, 3-1 May 22
- LEADING OFF: Bradley's 26-game hit streak, Braun recovering May 22
- Orioles-Angels Preview May 22
- Baseball Capsules May 22
- Indians-Red Sox Preview May 21


text:
Davies backing Earnshaw
Billy Davies has assured record signing Rob Earnshaw that he remains a key part of Derby's plans.
By Rob Parrish
Last Updated: 27/09/07 11:31am
Billy Davies has assured record signing Rob Earnshaw that he remains a key part of Derby's plans.
The £3.5million signing from Norwich has started just two of the Rams' seven Premier League games this season.
Kenny Miller and Steve Howard have been manager Davies' front two against Newcastle and Arsenal with Earnshaw not even making it onto the field from the bench in the last three games.
But Davies has sat down with the Wales international to explain that his absence from the side is purely down to tactical reasons.
Davies told the Derby Evening Telegraph: "He is still very much part of our plans this season and beyond.
"We have had a difficult start to the season. We have played at certain clubs which demand playing in a certain way.
"When you go to Manchester City, Liverpool and Arsenal, there is a certain way of playing and certain types of players you need.
"Rob is a 'box striker' but you know when you go to these places the chances you get will be few and far between.
"I spoke to him and explained the situation. He has not been brought to this club just to play in the first seven games, he has been brought here to take part in the club's progression over the next number of years.
"He is finding his feet, but I am totally convinced that the lad will very soon be firing on all cylinders and scoring goals.
"Looking at the run of games coming up, I certainly see him starting to come more into frame."


text:
Overall, I just like to have fun with life.
Favorite movies have to be Kids stuff like Born to Be Wild, Stand By Me, The Goonies, and The Christmas Story. I also like movies a little different plot that really surprise you or get you thinking like Donnie Darko, the prisoner. I also enjoy horror.
Huge fan of The Black Keys, Red Hot Chili Peppers and White Stripes. I love anything old school from the 50's to the 70's. I also have a real thing for soulful, bluesy music. I'm also a fan of hip hop and sing baby making R&B in my car.
I don't watch the boob tube much but when I do, its usually sports, That's 70s Show, The Simsons, Giants, Giants, did I mention Giants? and 49ers.
Mexican, filipino, thai, Italian and burgers
mountain bike
my health
dogs (who can live without them?)
What this enemy percentage means. Do I have a 25% chance of declaring war on you?
Future goals, how to improve myself, interesting things I want to learn, bikes I can't afford.
I'm like so what I'm drunk
It's the freaking weekend baby
I'm about to have me some fun


text:
Russia-focused Volga Gas reported Monday that a series of production test have been concluded on well #30 on the Vostochny Makarovskoye (VM) field in the Volga region of the country. The news was welcomed by analysts who follow the company in London, where shares in Volga are traded, although they are more interested in news also released by Volga' Friday that the Dobrinskoye field will soon receive a boost to its production.
Volga said that the #30 well on the VM field flowed at a rate of 5.7 million cubic feet per day (161,890 cubic meters of gas per day) through a 0.39-inch (10-millimeter) choke. The firm's management estimates that when placed on permanent operation, the production rates for the well will exceed 3.5 Mmcfpd (100,000 cubic meters per day) with condensate of approximately 20 cubic meters per day (125 barrels per day).
"News that the company has concluded a series of production tests on well #30 on the VM field, which should add low cost production capacity, is welcome," said oil analysts at London-based investment bank Fox Davies Capital in a research note on Volga. "Of more interest, however, is the imminent upgrade in production from the Dobrinskoye field… We will keep looking towards the next few months to see how operations progress."
Volga said that drilling operations on a sidetrack to the Dobrinskoye #22 production well have begun. The well had been shut in during July 2011, having been found to have suffered damage, but once operations are completed they are expected to add significantly to current production on the Dobrinskoye field – which has recently been producing approximately 5 Mmcfpd and 300 barrels of condensate per day from a single well.
Volga Gas Chief Executive Mikhail Ivanov commented in a press statement: "We look forward to bringing the VM field into full time production on completion of the ongoing upgrade to the gas plant in 3Q 2012. By the end of 2012, we expect to have five active production wells on the VM and Dobrinskoye fields with total production capacity of up to 35 Mmcfpd of gas plus associated condensate."
Click on the button below to add a comment.
Generated by readers, the comments included herein do not reflect the views and opinions of Rigzone. All comments are subject to editorial review. Off-topic, inappropriate or insulting comments will be removed.
Related Companies
More from this Author
Most Popular Articles
Regional News
From the Career Center
Jobs that may interest you