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November 10, 2009
MATTHEW SUAREZ, PLAINTIFF,v.AMERICAN STEVEDORING, INC., DEFENDANT.
The opinion of the court was delivered by: Matsumoto, United States District Judge
Plaintiff Matthew Suarez ("plaintiff" or Suarez") brings this action alleging employment discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000, et seq. ("Title VII"), 42 U.S.C. § 1981 ("Section 1981"), New York State Executive Law § 296 ("NYSEL") and New York City Human Rights Law, Administrative Code § 8-107 ("NYCHRL"). (See generally, Doc. No. 8, Amended Complaint ("Am. Compl.").) In this lawsuit, plaintiff claims that because of his Puerto Rican origin and Hispanic race, he was subjected to disparate treatment with regard to the terms and conditions of his employment with defendant American Stevedoring, Inc. ("defendant" or "ASI"), particularly with respect to defendant's decisions to train and assign overtime opportunities, and discharge plaintiff. Plaintiff also claims that he was subjected to a hostile work environment based on his Puerto Rican origin and Hispanic race, and that he experienced retaliation for his participation in protected activities.
Defendant now moves for summary judgment, pursuant to Federal Rule of Civil Procedure 56, seeking dismissal of plaintiff's Amended Complaint. For the reasons set forth herein, defendant's motion is granted in part and denied in part.
The following facts, taken from the parties' statements pursuant to Local Civil Rule 56.1, are undisputed unless otherwise indicated. The court has considered whether the parties have proffered admissible evidence in support of their positions and has viewed the facts in the light most favorable to the nonmoving plaintiff.
A. American Stevedoring, Inc.
Defendant ASI is a stevedoring company engaged in the business of loading and unloading ships and employs longshoremen to perform these tasks. (Doc. No. 31, Defendant's Rule 56.1 Statement ("Def. 56.1 Stmt.") ¶¶ 1, 3.) Defendant operates two terminals: one in Red Hook, Brooklyn and one in Port Newark, New Jersey. (Id. ¶ 1.) All longshoremen who work for defendant are members of the International Longshoremen's Association, AFL-CIO (the "ILA") Local 1814 (the "Union"). The ILA uses a hiring hall to supply workers to several stevedore companies, including ASI, represented by the New York Shipping Association, Inc. ("NYSA"). (Def. 56.1 Stmt. ¶¶ 3-6, 37.)
At all relevant times, all terms and conditions of employment for Union longshoremen, including defendant's employees, were governed by a collective bargaining agreement ("CBA") entered into by the ILA and the NYSA. (Id. ¶¶ 7-8.) Among other things, the CBA governed the hiring, utilization, compensation, discipline and termination of covered longshoremen, and set forth procedures for the filing of any complaint or dispute arising out of a longshoreman's employment, regardless of where the longshoreman was employed. (Id. ¶ 8; see generally, Declaration of James P. Melia, Ex. A, CBA, Art. XXV, at Bates Nos. 102-107.) The CBA is interpreted and administered jointly by the NYSA-ILA Contract Board (the "Contract Board"), whose decisions on the interpretation and administration of the CBA are final and binding upon all Union members and NYSA-ILA member employers. (See Def. 56.1 Stmt. ¶ 10.)
As required by the Waterfront Commission of New York Harbor (the "Waterfront Commission"), a legislatively-created agency that, inter alia, regulates longshore employment, an applicant must be "sponsored" by a prospective employer to be employed as a longshoreman. (See id. ¶¶ 11, 14.) Once the Waterfront Commission issues a security clearance to the applicant, and the applicant joins the Union, the applicant is placed on their sponsor's list and is the first to be called by the sponsor when needed to work. (Id. ¶¶ 14-15.) Longshoremen on defendant's list must report for work unless they have previously indicated that they are unavailable to work. (Id. ¶ 17.)
The basic equipment used to move shipping containers at defendant's Brooklyn terminal includes a hustler, a top loader and a reach stacker, each of which has its own training and certification requirements. (Id. ¶¶ 19, 20-23.) Training is carried out periodically and candidates for training are selected by seniority. (Id. ¶ 23.) Training is conducted individually and if the longshoreman fails to appear for his scheduled training, the training is cancelled and that individual's name is dropped to the bottom of a list of longshoremen waiting to be trained. (Id.) Although defendant asserts that an employee trained on a particular machine is assigned to work on that machine based on his seniority (Id. ¶ 24), plaintiff contends that defendant "did not comply with its own rules because plaintiff was skipped on the top loader plenty of times[.]" (Doc. No. 28, Plaintiff's Amended Counter-Statement Pursuant to Rule 56.1 ("Pl. 56.1 Stmt.") ¶ 24.) It is undisputed that a longshoreman need not operate a reach stacker or top loader even if he is qualified to do so. (Def. 56.1 Stmt. ¶ 24.) Instead, he may request to operate a hustler, which is considered by some longshoremen to be an easier and less stressful job. (Id.)
A longshoreman's hourly base pay is determined according to his date of entry into the industry. (Def. 56.1 Stmt. ¶ 26.) Hourly skill and position differentials are then added to the base pay. (Id.) The hourly skill and position differentials for a hustler, reach stacker and top loader are the same. (Id.; CBA, Art. 3 § 5, Bates No. ASI 0017-0018.)
B. Plaintiff's Employment at ASI
Plaintiff is an individual of Puerto Rican origin and Hispanic race who was employed as a longshoreman at ASI from January 16, 2003 to January 3, 2006. (Def. 56.1 Stmt. ¶¶ 36, 79, 92; see also Affidavit of Richard V. Singleton II, Esq. ("Singleton Aff."), Ex. N, Calendar of Absences.) In 2002, ASI sponsored plaintiff and his brother, and both individuals underwent screening by the Waterfront Commission before commencing employment at ASI. (Def. 56.1 Stmt. ¶¶ 30, 32.)
Before commencing employment at ASI, plaintiff attended an NYSA-ILA orientation program, which, inter alia, explained NYSA-ILA policies relating to absenteeism and the procedures for filing a grievance under the CBA. (Id. ¶ 34.) Plaintiff does not deny that he attended the orientation, or that the program included an explanation of policies relating to absenteeism. (See Pl. 56.1 Stmt. 34.) Although plaintiff testified that he knew that he could file grievances about his "work hours" (Singleton Aff., Ex. A, Deposition of Matthew Suarez ("Pl. Dep.") at 107-108), he contends that "[n]obody explained . . . the relationship of NYSI-ILA CBA to the longshoreman's employment or the procedures of filing a grievance[.]" (Pl. 56.1 Stmt. ¶ 34.) During the orientation, plaintiff was also provided with a copy of an employee handbook issued by the Contract Board. (Def. 56.1 Stmt. ¶ 35; Melia Decl., Ex. B, "Employee Handbook.") Among other things, the Employee Handbook explains NYSA-ILA's policies relating to absenteeism and anti-discrimination, and sets forth procedures for filing complaints or grievances with the Union. (Def. 56.1 Stmt. ¶ 35.) Although plaintiff does not deny he was given the Employee Handbook, he asserts that although he "was given a lot of documents at the orientation[,] nobody [sic] explained nor read the Company's harassment policy[.]" (Pl. 56.1 Stmt. ¶ 35; Pl. Dep. at 109.) Plaintiff testified that he did not read through any of the documents provided to him during the orientation. (Pl. Dep. at 189.)
Pursuant to the Employee Handbook
"[a]ny employee who wants to report . . . unlawful harassment should promptly report the matter to his or her management supervisor. If . . . the employee believes it would be inappropriate to contact that person, the employee should immediately contact any other member of management. Employees can raise concerns and make reports without fear of reprisal.
(Melia Decl., Ex. B, at Bates No. ASI 0312.)
Under the CBA, the NYSA and ILA adopted a joint Anti-Discrimination and Anti-Harassment Policy for employees covered by the CBA. (Def. 56.1 Stmt. ¶ 69.) The policy and amendments thereto require employees to make complaints of "job-related harassment" and other forms of discrimination to "their management supervisor, designated employer representative, or the industry EEO Officer." (Melia Decl., Ex. C and D, NYSA-ILA Anti-Discrimination Policies, at 8; see Def. 56.1 Stmt. ¶ 74.)
Once plaintiff obtained clearance from the Waterfront Commission and became a member of the Union, plaintiff commenced employment as a longshoreman. (Def. 56.1 Stmt. ¶¶ 36-37.) Plaintiff and his brother had a similar seniority designation and had priority of employment with ASI, their sponsor. (Id. ¶¶ 38-39.) Although plaintiff primarily worked for ASI, he also worked for other NYSA-member employers in and around New York Harbor when requested to do so. (Id. ¶ 40; Pl. Dep. at 161-163.) When a longshoreman works for any NYSA-member employer, whether or not it is their sponsor, the terms and conditions of his employment, including policies regarding absenteeism, remain unchanged and are governed by the NYSA-ILA policies and CBA. (See CBA, Art. I, at Bates No. ASI 009; Melia Decl., Ex. E, Absentee Procedures.)
All longshoremen at defendant's Brooklyn terminal received equipment assignments from ASI's tractor foreman, Salvatore (Sal) Buzzetta. (Def. 56.1 Stmt. ¶ 43.) Plaintiff asserts that Mr. Buzzetta was his "supervisor." (Pl. 56.1 Stmt. ¶ 43.) It is undisputed that Mr. Buzzetta had no authority to hire, promote, evaluate, suspend, terminate or discipline plaintiff. (Def. 56.1 Stmt. ¶ 45; Pl. Dep. at 269.)
Soon after plaintiff commenced employment with ASI, plaintiff was trained and certified on a hustler and, in March 2005, plaintiff was certified to operate a top loader. (Def. 56.1 Stmt. ¶¶ 45-46; Pl. 56.1 Stmt. ¶ 45-46.) In early 2005, ASI began to acquire reach stackers and started to phase out the less efficient top loaders. (See Def. 56.1 Stmt. ¶ 50.) By the time plaintiff was certified on top loaders, they were "rarely used." (Id.) Plaintiff was never trained or certified to operate a reach stacker. (Def. 56.1 Stmt. ¶ 51; Pl. Dep. at 132-133, 160.)
Plaintiff claims that he was denied the opportunity to be trained on a reach stacker because of his race or national origin. (See Pl. 56.1 Stmt. ¶ 52; Def. 56.1 Stmt. ¶ 52.) Defendant asserts that it offered to train plaintiff to operate a reach stacker but plaintiff refused. (Doc. No. 31, Affidavit of Sabato Catucci "S. Catucci Aff.") ¶ 30.) Plaintiff never filed a grievance with the Union or complained to anyone about not being trained on the reach stacker. (See Pl. Dep. at 224, 237.) Plaintiff's brother was certified on all three machines. (See Pl. Dep. at 73-73.)
Defendant further contends that despite plaintiff's certification to operate a top loader, plaintiff requested of Mr. Buzzetta that plaintiff not to be assigned to that machine. (See Doc. No. 31, Affidavit of Salvatore Buzzetta ("Buzzetta Aff.") ¶ 4.) Further, Mr. Buzzetta claims that plaintiff was "not good at operating" a top loader and that plaintiff advised him that he preferred to drive a hustler. (Id.) Mr. Buzzetta states that he "respected" plaintiff's request and that plaintiff did not request to be assigned to a top loader, nor complain "that he was not being assigned to that machine." (Id.)
By contrast, in an affidavit submitted in response to defendant's instant motion, plaintiff states that he "never expressed a need or wish to operate a hustler to Sal Buzzetta." (Doc. No. 26, Ex. E, Affidavit of Matthew Suarez ("Pl. Aff.") ¶ 9.) Plaintiff states that he "asked Sal Buzzetta plenty of times why I was being skipped over on the top loader for people with less pier seniority than I and he would say 'I can put whoever I want on that machine'." (Id.) Notwithstanding, at his deposition, plaintiff testified that he did not believe Mr. Buzzetta's comment because the assignments to work on a particular machine are based on seniority. (See Pl. Dep. at 236-237.)
C. Plaintiff's Allegations of Discrimination and Retaliation
In addition to allegedly being passed over for training, plaintiff testified that while employed at ASI, he was denied overtime on two occasions: once on or about December 24, 2004 and once on or about May 1, 2005. (See Pl. Dep. 240-243; Singleton Aff., Ex. J, Grievance dated May 5, 2005.) Although plaintiff "believed" overtime assignments were based on seniority, he did not know "who got the overtime assignments in [his] place[.]" (Pl. Dep. 239-240.) With respect to the former incident, plaintiff testified that he "just [did not] know why I wasn't brought in." (Pl. Dep. at 241-242.) Plaintiff testified that he filed a grievance concerning that incident and acknowledged that he was paid. (Id. at 241.) With respect to the latter incident, plaintiff's grievance states that he returned to work "5 minutes" late and was "refused work, resulting in me missing out on 11 hours of overtime. The reason for me being late was that on that day it was raining pretty heavily so I went home to get some rain gear." (Singleton Aff., Ex. J.)
Plaintiff testified that within the first week of his employment at ASI, Mr. Buzzetta and others directed racial and ethnic slurs at plaintiff. (Pl. Dep. at 91-92, 103-104.) Plaintiff testified that Mr. Buzzetta called him "stuff like spic, half spic, Goya bean, just nasty comments." (Id. at 69.) Plaintiff asked Mr. Buzzetta not to "use that type of language," however, Mr. Buzzetta apparently "laughed" and "ignored" plaintiff's protests. (Id. at 92.) According to plaintiff, Mr. Buzzetta directed slurs towards plaintiff "[a]lmost on a daily basis" and in the presence of co-workers. (Id. at 93-94, 98-99.) Plaintiff testified that on one occasion, while plaintiff was on a break, Mr. Buzzetta told plaintiff, in the presence of co-workers, to "get in the truck you fucking spic, it's time to go back to work." (Id. at 94.) Plaintiff further testified that Al Deliso, ASI's timekeeper, used derogatory language towards plaintiff on a "couple" of occasions and that there "possibly" were other employees present on these occasions. (Id. at 99-100.) Plaintiff also testified that other unnamed people used offensive language towards plaintiff. (Id. at 103-104.) Mr. Buzzetta denies using any racially-insensitive language towards plaintiff. (Doc. No. 31, Ex. B, Excerpts from the Deposition of Salvatore Buzzetta ("Buzzetta Dep.") at 61.)
Plaintiff also points to the testimony of two witnesses who observed ASI employees engaged in racially-insensitive banter and racial hostility toward plaintiff. Clint Catucci, the Assistant Terminal Manager and Facilities Security Officer at ASI's Brooklyn terminal, testified that he heard Hispanics referred to as "Spics." (Doc. No. 26, Ex. A, Excerpts from the Deposition of C. Catucci ("C. Catucci Dep.") at 14.) Mr. Catucci, however, also testified that such comments were intended to be "joking, . . . nothing harsh . . . like derogatory towards anyone . . . ." (Id. at 15.) Further, plaintiff's co-worker, Equan Womble, testified that he heard Mr. Buzzetta use discriminatory language toward plaintiff "about three times a week or so." (Doc. No. 26, Ex. C, Excerpts from the Deposition of Equan Womble ("Womble Dep.") at 73.)
Specifically, Mr. Womble testified that Mr. Buzzetta regularly said "get your Puerto Rican ass in the truck, you are a Puerto Rican fuck up, things of that nature." (Id.) Mr. Womble also testified that he observed Mr. Buzzetta "put his finger in his [plaintiff's] butt . . . . [and plaintiff] said to stop." (Id. at 57.) Plaintiff, however, testified that Mr. Buzzetta never touched his rear end or genitalia. (Pl. Dep. at 271.)
Plaintiff further testified that on one occasion, during the summer of 2005, Mr. Buzzetta threatened plaintiff's physical safety. Specifically, plaintiff testified that
Me and Equan [Womble] were standing in front of the shack on our break, and Sal Buzzetta came speeding towards us [in his car] and slammed on the brakes and came within a foot of hitting us. So Equan got angry and said what are you doing, and he [Buzzetta] goes shut the fuck up, you dumb n****r . . . .
(Pl. Dep. at 122.) Plaintiff claims that Mr. Womble was prompted to complain to the Waterfront Commission as a result of this incident. (See id. at 122-123.)
On August 3, 2005, plaintiff testified, under oath, at a hearing before the Waterfront Commission in support of Mr. Womble's complaint arising from the car incident involving Mr. Buzzetta. (Def. 56.1 Stmt. ¶ 106; see Pl. Dep. at 124-125.) At the hearing, plaintiff testified that Mr. Buzzetta directed racial slurs at African-American co-workers, including Mr. Womble and a female employee. (See Singleton Aff., Ex. L, Excerpts from plaintiff's testimony at the hearing on Aug. 3, 2005 ("Hearing Tr.") at 9.) When plaintiff was asked at the hearing whether Mr. Buzzetta directed racial or ethnic slurs at "Latin people, Hispanics . . . or any other Spanish or Hispanic people," plaintiff responded as follows: "No, not that I am aware, not to me. I wouldn't take that, personally . . . I wouldn't take it, I wouldn't take it lightly." (Id. at 10.)
At his deposition, plaintiff testified that because he feared retaliation, he did not complain to the Waterfront Commission or to anyone other than Mr. Buzzetta about discrimination he experienced at ASI. (Pl. Dep. at 124-125.) Plaintiff explained that prior to this testimony before the Waterfront Commission, plaintiff was told by a lawyer, who represented neither plaintiff nor Mr. Womble, to be "sure" before plaintiff went "through with the complaint" because Mr. Buzzetta would retaliate. (Pl. Dep. 121, 124-125, 233.) Plaintiff further testified that following his testimony before the Waterfront Commission, he felt threatened because Mr. Buzzetta said "if you make a complaint against me again, you'll see what happens." (Pl. Dep. at 144-145.) Mr. Buzzetta did not follow through on this threat or engage in any conduct that suggested he would carry out the threat. (Id. at 151.) Plaintiff testified, however, that as a result of his testimony before the Waterfront Commission, Mr. Buzzetta's harassment intensified and increased in frequency, and Mr. Buzzetta passed over plaintiff for assignment on the top loader in favor of less senior longshoremen. (Id. at 126-130.)
D. The NYSA-ILA Absenteeism Policy and Plaintiff's Termination
The CBA, which governed the terms of plaintiff's employment, adopted absenteeism policies mandated by the NYSAILA. (Def. 56.1 Stmt. ¶ 54; Melia Decl., Ex. E, NYSA-ILA Absenteeism Policies (collectively, the "Absenteeism Policy").) Pursuant to the Absenteeism Policy, all ILA longshoreman, such as plaintiff, were required to report to work as assigned and to remain at work until their assignments were completed. (Def. 56.1 Stmt. ¶ 55.) Additionally, the Employee Handbook states, in relevant part, that
There are a number of requirements you must meet . . . in order to continue your employment in the industry. They include the following . . . Failure to show up for work as ordered or leaving work without your employer's permission will be dealt with under terms of the NYSA-ILA Absentee Program and could result in the loss of your sponsorship and thus, your right to work in the industry.
(Melia Decl., Ex. B, Employee Handbook, at 4-5, Bates No. ASI 0308.) Attendance is monitored and violations of the Absenteeism Policy are heard and decided, and appropriate sanctions are imposed by the NYSA-ILA Committee on Absenteeism ("Committee on Absenteeism"), whose decisions are reviewed by the Contract Board. (Def. 56.1 Stmt. ¶ 57.)
During plaintiff's employment with ASI, if an ILA longshoreman violated the Absenteeism Policy, he received a series of penalties, including warning letters, suspensions and eventually a permanent bar from industry employment. (See generally, Def. 56.1 Stmt. ¶¶ 58-65.) It is undisputed that from September 23, 2003 through October 24, 2007, a total of 23 longshoremen, including plaintiff, were permanently barred from the industry for violations of the Absenteeism Policy. (Id. ¶ 68; see also Melia Decl., Ex. K, List of Permanently Barred Individuals.)
Under the Absenteeism Policy that was in effect from January 1, 2003 through September 30, 2005, a longshoreman could violate the Absenteeism Policy ten times before being suspended for three months from industry employment.*fn1 (Id. ¶ 58.) A longshoreman returning from a three-month suspension would start with a "clean attendance record." (Id. ¶ 59.) Upon the second series of violations leading to the tenth violation of the Absenteeism Policy, a permanent bar from industry employment would be imposed. (Id.) A longshoreman who faces a three-month suspension or permanent bar may explain to the Committee on Absenteeism why sanctions should not be imposed. (Id. ¶ 60.)
Effective October 1, 2005, the NYSA-ILA instituted a stricter Absenteeism Policy, which imposed a permanent bar from industry employment following the first ten violations. (Id. ¶ 63.) It did not provide for a "clean record" after the first occurrence of the tenth violation. (Id.)
It is undisputed that the Committee on Absenteeism warned plaintiff numerous times about his repeated violations of the Absenteeism Policy. (Def. 56.1 Stmt. ¶ 81; Pl. 56.1 Stmt. ¶ 81; Singleton Aff., Ex. K, Absenteeism Related Correspondence.) The warning letters advised plaintiff that "[a]bsenteeism and leaving work early hurt our productivity and our ability to compete with other ports. It also can jeopardize workplace safety." (See, e.g., Singleton Aff., Ex. K, Letters dated 10/8/03, 10/22/03, 3/3/04, 3/17/04, 6/2/04, 6/16/04, 6/23/04, 6/1/05, 6/22/05, 6/29/05, 7/20/05, 8/10/05, 9/7/05, 1/11/06, 1/18/06.) Notwithstanding these warning, plaintiff continued to be absent. (Def. 56.1 Stmt. ¶ 81; Pl. 56.1 Stmt. ¶ 81.)
During his employment with ASI, plaintiff was suspended on 11 occasions for periods ranging from one week to three months for unexcused violations of the Absenteeism Policy related to his employment at ASI and other NYSA-member employers at which plaintiff had accepted employment. (See Def. 56.1 Stmt. ¶ 83.) Although plaintiff does not dispute this fact, he contends that he "was suspended and terminated from his employment because of his national origin and as well as retaliation for going to [sic] Waterfront Commission and with Mr. Womble to file a complaint against Sal Buzzetta . . . ." (Pl. 56.1 Stmt. ¶ 83.)
Before receiving a three-month suspension for violations of the Absenteeism Policy, on June 2, 2004, plaintiff attended a hearing before the Committee on Absenteeism. (Def. 56.1 Stmt. ¶ 86; Melia Decl., Ex. F, Minutes.) During this hearing, plaintiff explained that he did not have a car and could not afford one. (See id.) When asked whether he liked his job, plaintiff responded, "Yes. I like this job very much." (Id.) Plaintiff did not mention at the June 2004 hearing that he was absent from work due to discrimination, retaliation or a hostile work environment at ASI. (Pl. Dep. at 179, 183.)
By contrast, at his deposition, plaintiff testified that he was absent from work at ASI because he "had personal problems" coping with Mr. Buzzetta's discriminatory conduct. (See Pl. 56.1 Stmt. ¶ 89; Pl. Dep. at 178.) Plaintiff testified that he "was stressed out with what I was dealing with at work that I didn't really want to be there." (Id.) Notwithstanding, plaintiff also testified that the "bulk" of his unexcused absences leading to his three-month suspension were caused by his inability to access other ports at which he had accepted employment, rather than his desire not to work at ASI. (Pl. Dep. at 179, 183.)
Following plaintiff's return to work from his three-month suspension, from October 1, 2004 through September 30, 2005, plaintiff accumulated nine violations of the Absenteeism Policy for failing to report to work and one violation for leaving work early. (Id. ¶¶ 90-91.) As a result of plaintiff's continued attendance issues, and following a hearing before the Committee on Absenteeism, on December 20, 2005, plaintiff was permanently barred from industry employment. (Id. ¶¶ 92-93.)
During a hearing on December 19, 2005 to determine whether plaintiff should be permanently barred from the industry, plaintiff was asked by James Melia, the Executive Vice President of Operations and Chief Operating Officer of the NYSA, why plaintiff should be permitted to "continue working in the industry." (Melia Decl., Ex. G, Minutes, Bates Nos. ASI 0569 -- ASI 0571.) Plaintiff testified, "I have problems with my lungs. They are not inflating properly. . . . I think the industry has caused this problem. I drive a hustler, sometimes for long periods of time. . . . The trucks I drive are dirty and dusty. You keep breathing this and it has to cause problems." (Id.) When plaintiff was reminded that he had previously served a three-month suspension, plaintiff testified "[t]hat was because I didn't have a car to get to work." (Id., Bates No. ASI 0571.) Plaintiff did not indicate that he was absent from work due to discrimination, retaliation or a ...
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text: Energy Data Record for Used Industrial Steam Turbines / Turbosets Turbine Machine No.: Original Equip. Manufacturer (OEM): AEG Kanis Year of manufacture: 1981 Turbine model: G32 Design output (MW) [at best turbine efficiency]: 23,2 Maximum output (MW): 21,8 Steam consumption at design output (kg/kWh): 1) _ Steam consumption at max. output (kg/kWh): Max. main steam temperature (°C) : 530/440 Main steam temperature (°C)1): 530/440 Main steam pressure (bar g)1): 110/72 Main steam flow (t/h)1): 114/80 Exhaust steam temperature (°C)1): 180-300 Exhaust steam flow (t/h)1): 130 Exhaust steam pressure (bar): 2,3-5,0 Extraction pressure (bar g)2): 6,7 Extraction flow (t/h)2): 29 Speed (rpm): 8016 Allowable frequency range (Hz): 50 Direction of rotation: Exhaust steam nozzle (downward, upward, right, left or axial): downward Non-drive end of turbine (HP/LP end): LP end Package (yes/no), if yes, please state configuration (turbine, gear unit, generator, compressor): no In case of package, is integral lube oil system provided? (yes/no): no or extract from Operating Manual Load points 1 2 3 114 114 79/44,5 3,5 5,0 3,5 180-300 180-300 180-300 21585 19950 21780 Main steam parameters Main steam flow (t/h) Extraction pressure (bar) Extraction flow (t/h) Exh. steam pressure (bar) Exh. steam temp. (°C) 1) Terminal output (kW) Turbine condition Last minor overhaul: - Last major overhaul: 2005 Operating hours: ~195000 Date of turbine shutdown and preservation details: 2010 no preservation Expected to be available as from: as of now 1) in accordance with turbine design 2) where applicable Siemens AG Energy Sector; Management: Michael Süss Energy Service Division; Management: Randy Zwirn Oil & Gas and Industrial Applications Services; Management: Willibald Meixner Frankenstr. 70-80 90461 Nuremberg Germany Phone: +49 (911) 4130 0 Fax: +49 (911) 4130 440 Siemens Aktiengesellschaft: Chairman of the Supervisory Board: Gerhard Cromme; Managing Board: Peter Löscher, Chairman, President and Chief Executive Officer; Roland Busch, Brigitte Ederer, Klaus Helmrich, Joe Kaeser, Barbara Kux, Hermann Requardt, Siegfried Russwurm, Peter Y. Solmssen, Michael Süss Registered offices: Berlin and Munich, Germany; Commercial registries: Berlin Charlottenburg, HRB 12300; Munich, HRB 6684 WEEE Reg. No. DE 23691322 SCF 04/2011 V08.12 Page 1 of 3 Energy Are spare parts available? If yes, which ones? Turbine control and protection system Original Equipment Manufacturer (OEM): Hydraulic or electronic: Overspeed protection system (hydraulic [bolt]/electronic): Axial shaft position monitoring system (hydraulic [nozzle]/electronic): _ Vibration monitoring system (yes/no): Actuators for control and stop valve(s) (HP/LP hydraulic system): Magnet wheel installed on turbine shaft (yes/no, if yes, please state number of teeth): Electrohydraulic converter installed (yes/no): Condenser: Original Equipment Manufacturer (OEM): Condenser model: Condensing capacity (t/h): Condenser pressure (bar): 3 Cooling water flow (m /h): Cooling water velocity (m/s): Cooling water inlet temperature (°C): Thermal capacity (MW): Supply lines: Complete operating documentation available (yes/no): at OEM / Siemens Complete machine file available (yes/no): at OEM / Siemens Is the driven machine also available for purchase (yes/no): no SCF 04/2011 V08.12 Page 2 of 3 Energy _ Driven generator Machine No.: Original Equipment Manufacturer (OEM): Rating (MVA): Generator type (cooling system): Generator model: Voltage (kV): Frequency (Hz): Current (A): Power factor (cos phi): Speed (rpm): Design: e.g. B3 Insulation class: Type of enclosure: Cooling water inlet temperature (°C): Cooling water flow (m3/h): Compound excitation (… V - … A): Gear unit: Original Equipment Manufacturer (OEM): Gear unit model: Rating (HP) Speed (rpm): Complete scope of supply available for purchase: Size (footprint) / dimensions: Please provide photographs of the turboset / turbine separately in electronic form. SCF 04/2011 V08.12 Page 3 of 3

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text:
Last month prices in central London rose 3.2%, the strongest rate of growth in a single month since August 2007.
In an increasing number of cases, larger houses in the £5million-plus bracket are now achieving prices at or above those achieved at the previous March 2008 peak.
Liam Bailey, head of residential research, Knight Frank, said: "The market recovery in London was kick-started in March last year by low interest rates and the weak pound which drew foreign buyers to the capital.
"There was a definite feeling that price falls in the year to March 2009, at 24%, had created good value in London and buyers began to bid prices higher. Foreign demand has led the market, with 45% of £2million+ purchases going to non-UK buyers over the past 12 months.
"The continuation of the growth in prices and the recent increase in the speed of such growth has been caused by a dramatic shortage of supply, with 22% fewer properties available for sale at the current time compared to normal for the time of year. At the same time demand has remained very strong with a significant influx of foreign purchasers meaning that purchaser applicant registrations is 30% higher right now than in any comparable period for the last five years.
"At the very top of the market we have begun to see increasing examples of properties hitting or exceeding peak prices again – the £5million-£10million sector is most affected by this new phenomena especially in Mayfair, Kensington, Holland Park and Knightsbridge where supply of excellent properties is very thin and buyers are increasingly willing to pay figures above guide prices to secure the right house.
"New-build properties along the river and into Canary Wharf have been attracting sales from Asian investors – with Hong Kong buyers being joined by Singaporean, Malaysian and Thailand buyers – demand from Asian investor buyers has risen 120% since this time a year ago.
"The impact of rising prices and strong demand is having the effect of drawing niche developers back into locations like Chelsea, Mayfair and Belgravia, after an absence of nearly 18 months. There was a 43% uplift in construction starts in Kensington & Chelsea between July and December last year (from 557 to 799 new homes)."
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After the exclusive rights to earn on behalf of ALS were gone to Sniper Siemens (see post under this one), other good secondlife Samaritans thought it would be good to have a big party abusing cancer as teaser for it. Rage Darkstone and Terra Merhyem demand to be tonight the center point of attention and thought cancer would do the trick. And indeed the well dressed avatars appeared in expensive clothing and new mesh avatars, money they didn't spent on the fight against cancer, to shake their butts in the hope they would be tagged in their facebook pics.
When I tried to add some beauty to the good cause it was not appreciated by Rage Darkstone and Terra Merhyem. Didn't they bought the exclusive right on cancer tonight? Didn't they spent money on being the good Samaritans tonight? So it didn't took them long to bump into me and send shockwaves and bombs to try to eliminate me.
Rage Darkstone: Like the explosions 🙂 Do you like the multicolored mushroom 🙂 Dear all, don't forget this is a fund raiser for a very important cause — the fight against cancer. Finally something beautiful 🙂
Mona Byte: Rage Darkstone, you are pushing me
Bellavista Eisman: You do me a favor by bombing me. I love the action SaveMe Pufff
Rage Darkstone: Hahaha, griefing the griefer.
SaveMe Oh: You think so? You dont grief me. You only show to the world the ugly things you build. Now everybody knows you can throw bombs, hurray!
Bellavista Eisman: It's the same as what you offer, a firecracker, do it
SaveMe Oh: Very exiting, those bombs, you learn to do that in hippy class?
Tubal Amiot: Exciting no but funny
Rage Darkstone: I missed something. I thought this was an event for Cancer not for Shave Me Oh
SaveMe Oh: Then why are you disturbing it with you bombs? Or is that chemo therapy?
Rage Darkstone: Its about CANCER, not about the type of light shows you would see in a shitty night club.
SaveMe Oh: Did you buy an exclusive right on cancer, Rage?
Rage Darkstone: If I did I would put it in your brain
SaveMe Oh: And does your ugliness has to raise awareness?
Rage Darkstone: Your head is so far up your ass I can see it come out of your mouth Shave Me
SaveMe Oh: The cancer fund will be very happy with your contributions, such a sympatric guy.
Rage Darkstone: Yes this event was to raise money for Cancer Save Me, you have ruined it.
SaveMe Oh: So why are you griefing it Rage?
Rage Darkstone: Two members of my family died of cancer, you fight fire with fire. Your not even a very good griefer. Keep it up and I will grill your video card.
SaveMe Oh: I am not a griefer and never was, but if you like to be one feel free
Rage Darkstone: You are not a griefer, you are a bad griefer and your art suck
Terra Merhyem: you have the reputation to be a griefer, SaveMe.
SaveMe Oh: Everybody got a clear view tonight what kind of person you are
Rage Darkstone: Yes someone who cares about CANCER. You are so selfish you can't even see that.
Terra Merhyem: Oh, SaveMe, so far I could see : you are not so much liked in SL
SaveMe Oh: I have the reputation of an artist dear, griefing is throwing bombs like your sweet Rage. But he is free to do so.
Step Portilo: I can solve this problem guys just with click
Rage Darkstone: The exhibits here Save Me are not for you, they are for helping cure CANCER
SaveMe Oh: I won't forbid somebody acting like a fool. It's his free choice to be an idiot
Rage Darkstone: Yes so then stop yourself. You demonstrate that with your live
You are no longer allowed here and have been ejected.
Another blog on tonights events:


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Al-Falah Islamic School's mission is to prepare Muslim students for success in this world and in the Hereafter.
We strive to fulfill our mission by:
- Providing quality education in an environment that reflects the principles and values derived from the Quran and Hadith.
- Encouraging the development of an Islamic identity that is rooted in Islamic morality and that confidently and positively interacts with society.
- Developing the skills required for reading, memorizing, comprehending and applying the teachings of the Quran and Hadith and thereby facilitating knowledge of the Islamic faith and its practices.
- Providing a quality education within the curriculum guidelines of the Ontario Ministry of Education to ensure parity with other education providers, both public and private.
Al-Falah Islamic School places strong emphasis on its code of conduct, which outlines the way our students are expected to interact with their peers, teachers, parents, neighbours, and the society at large. The following three character traits define our school's culture:
Respect – Responsibility – Compassion (RRC)
Our students are taught that respect – for oneself, peers, teachers, family, community, and our environment – is at the core of everything we do at the school. From this foundation emerges the spirit of taking personal responsibility as a Muslim and as a Canadian citizen. When compassion toward everyone is combined with the culture of respect and personal responsibility, we can truly fulfill our mission: Striving For Success- In this life and the Hereafter. Al-Falah Islamic School aims to foster the highest standards of etiquette, or akhlaaq, in students of all ages.


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Pork Chops with Dijon Cream Sauce
- Cooking spray
- 1 ½ tablespoons Dijon mustard
- ½ teaspoon coarsely ground pepper
- 4 (4-ounce) boneless center-cut pork loin chops (1/2 inch thick)
- 1/3 cup fat-free half-and-half or fat-free evaporated milk
- 1/3 cup fat-free, reduced-sodium chicken broth
- ½ teaspoon salt
Trim fat from chops. Sprinkle both sides of chops evenly with salt and pepper. Coat a large nonstick skillet with cooking spray; place over medium-high heat until hot. Add chops to skillet, and cook 3 to 4 minutes on each side or until browned. Remove chops from skillet, and keep warm. Add broth ...
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Last July, I decided to commit myself to a book club that meets once a month either on the first or second Saturday review a selected book. In fact I decided to join this club to take my reading habit a notch higher and to keep me busy at all times while I also explore more interesting books with diverse subjects. Simply put I want to be caught reading at all times when am not working. I'm such person who completely believes in meeting up and interacting with folks of dissimilar orientation. You know, to share ideas on issues, plans, exchange contacts and all that. But largely I'm a part of the Beacon Books Club for the reason that I strongly share in the philosophy that yes indeed "reading maketh a man".
Basically members acquire the chosen book to read before the next month's meeting when we review by way of sharing thoughts on the principles discussed by the author. There's an attention-grabbing format that directs the entire discussion. Just like economists, we agree to disagree. At the end we all leave imbibing wisdom, practicable knowledge and encouragement to spur us on. Isn't this a worthy cause? One that should be egged on in families, neighbourhoods, communities, schools, work places (only @ lunchtime else we anger the boss…), etc. Can you imagine what successful Nations we will build? To learn the secrets of achievements of higher and improved places we have heard of. They wantonly tell us that the African does not like to read, let alone to discover. That clandestinely hide the furtive knowledge of wealth in a book and for ages, generations upon generations the African may never discover. We can challenge this ignoble assertion if we commit ourselves to study and strive to know all things. Dare call me a materialist! I think I'm being ideal. I've always liked to find out the truths of Africa's untold stories. The hidden truths of our forebears. The exciting tales of how the kermits made on the river Nile to build magnificent pyramids and statutes in ancient Egypt. Same can be told of city of Lalibella in Ethiopia, the study of astrology in Mauritania way before Galileo, the University that was established in Timbuktu centuries ago. With the tools of this age the comp temporary African can build and achieve more.
For the first time last weekend I heard about the book-the richest man in Babylon by George S. Clason. It was the preferred paperback for next month's review. I've just completed reading my copy and boy! there's so much wisdom in this book that I can help than to share with you the wise sayings that I noted. Indeed it's a book I'll recommend to anybody seeking to be wealthy. It's such a treasure to me now. This is a book full of parables and practicable principles to building an empire of your own. The parables I cannot recount now but here are some thought-provoking wise words for you.
No one lends his entire fortune, not even to his best friend.
A man's wealth is not in the purse he carries.
A part of all you earn is yours to keep.
Wealth, like a tree, grows from a tiny seed.
Every fool must learn.
Why trust the knowledge of a brick maker about jewels.
If you would know the truth about sheep, go the herdsman.
Advice is one thing that is freely given away, but watch that you take only what is worth having.
He who takes advice about his savings from one who is inexperienced in such matters shall pay with his savings for proving the falsity of their opinions.
Opportunity wastes no time with those who are unprepared.
Will power is the unflinching purpose to carry a task you set for yourself to fulfilment.
Wealth grows wherever men exert energy.
Desires must be simple and definite. They defeat their own purpose should they be too many, too confusing, or beyond a man's training to accomplish.
The more of wisdom we know, the more we may earn.
The man who seeks to learn more of his craft shall be richly rewarded.
Good luck waits to come to the man who accepts opportunity.
To attract good luck to oneself, it is necessary to take advantage of opportunities.
Good luck can be enticed by accepting opportunity.
Wealth that comes quickly goes the same way.
Wealth that stays to give enjoyment and satisfaction to its owner comes gradually because it is a child born of knowledge and persistent purpose.
Where there is determination, the way can be found.
Work well done, does good to the man who does it.
Think deeply about these wise words, for myself I've already started its practice. I can't wait for the next review date to hear all the fine contributions from other fellows. If you plan visiting Accra (Ghana) one of these days, we will be at Sunny fm at North Ridge on the second Saturday of October, the next hour right after midday. Cheers!


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Greedy Giving
by Martin Wiles
For Sale
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The name fits, and it was happening again, although I didn't hear of any deaths.
Black Friday. The day following Thanksgiving in the United States. Originating in Philadelphia, the name was given because of heavy pedestrian and vehicle traffic from shoppers patronizing retail stores offering tempting items at reduced prices. Use widened to describe retailer's transition into "the black" from "the red" because of purchases shoppers made.
Perhaps we should widen the meaning to include actions displayed by consumers who stampede stores in the morning's wee hours to take advantage of enticing sale items. Actions like trampling and killing fellow shoppers, mugging vulnerable women in retail parking lots, using pepper spray to disperse crowds gathered around an item you want and hitting people over the head with boot boxes.
Christmas season brings out our giving spirits; this is honorable. The actions displayed prior to the giving can be dishonorable and selfish-even criminal.
Prophesying about the Christ child's birth, Isaiah spoke of a unique act of unselfish giving: For to us a child is born, to us a son is given, and the government will be on his shoulders. And he will be called Wonderful Counselor, Mighty God, Everlasting Father, Prince of Peace (Isaiah 9:6 NIV).
Greed and give appear to be mutually exclusive but can occur in the same time and place yet shouldn't. Giving gifts to our family and friends is a wonderful way to show love. Cursing, pushing, shouting and committing violent acts to secure gifts to give poisons the intent.
God gave the greatest gift with no sale price attached. His gift was unselfish and purely from love. He allowed his Son to leave heaven's glory for a sin damaged world. The price he paid in letting his Son take on human flesh and our sins, and the price Jesus paid by dying for them, was supreme.
Our giving should parrot Jesus'. Gifts are never as important as the motives with which they're given and the actions displayed getting them. One affects our eternal rewards and the other our testimony. What do you need to change so you can give like God?
Prayer: God our Father, enable us to give the way You have given to us. www.lovelinesfromgod.com
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Attention readers of this site:
Barring suicide or murder of the Clinton's or the Obama's the management reserves the right to no longer carry anything about them.
We won, they lost, it's over.
Joining Trump on this new page in history are at least 27 veterans who won their congressional races last night and more presumably to come as the votes continue to be counted.
The majority are veterans of the wars in Afghanistan and Iraq, according toMilitaryTimes.
There are 26 veterans from those same wars currently with seats in Congress.
Democrat Tammy Duckworth, who served in the Army, was successful in bid for a Senate seat as well as decorated former Navy SEAL, Eric Grietens "who served multiple tours in Iraq and Afghanistan, [who] won his election for governor of Missouri as a Republican against Democrat Chris Koster, the former State attorney general," reports Military.com.
Illinois Republican Sen. Mark Kirk, a reservist in Afghanistan, was the only incumbent veteran to lose his Senate seat.
Duckworth, who lost both of her legs in 2004, won the seat over Kirk. (Needless to say, she will ride this horse until it's dead)
Duckworth's helicopter was shot down over Iraq.
A Florida Republican, Brian Mast, who also lost both of his legs to war, will be seated in Congress come January. In 2010 Mast unsuccessfully tried to defuse a bomb.
Republican Scott Taylor is another veteran heading to Congress to fill the Virginia Beach seat. Taylor is also a former Navy SEAL.
"Some 14 veteran incumbents kept their seats, including defense leaders Duncan Hunter, a Republican of California, Adam Kinzinger, Republican of Illinois, and Martha McSally, Republican of Arizona," reports Military.com.
These are just a handful of last nights winners. Here is a full list of the Iraq and Afghanistan veterans who ran for Congress this cycle.
Congratulations to all the veterans who won their seats in Congress. Since 2006 the number of veterans in Congress has increased each election. However, for the first time since the 1950's "the total veterans count in the House and Senate appeared poised to drop under 100," according to MilitaryTimes.


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Romance and marriage played a major role in whaling communities and kept men and women in equal partnership. Maritime couples had limited time together and tried to establish a private and romantic relationship. Letters played a large role in the relationship and notions of love and sexuality sustained the separated partners from distance and space. Norling supports this idea with examples from New Bedford's maritime couples' letters during the 1840s and 1850s. Declaring her love, Susan Hathaway, wrote to her whaler husband, George Anderson, "I received your letter….and was very much pleased to here from you and here you were well and injoying your self so well try and injoy your self has well as you can until you get home and then we will bouth injoy our self together in Ma's front room."[i]Not all letters were filled with sensual implications but most reinsured the couples' love and support of one another.
The corset was a technique used to express a woman's femininity. In this sense, the corset did exploit a woman's sexuality but it was not necessarily a controlling apparatus in a patriarchal society but an instrument endorsed by the women themselves. Though women may have supported the use of the corset for its femininity and association with romance the appeal did wane. In the twentieth century as fashion endorsed a trend that emphasized looser clothes, the corset no longer depended on whalebone to define delicate curves.[ii] The decline in the demand for whalebone among corsetry and other products led to the decline of the whale industry. New England factory typology would change again but the whalebone corset undoubtly contributed to the next industrial stage.
Whalebone empowered women in whaling communities through responsibility and the corset. This new authoritative role for women allowed for greater empowerment in the women's movement upheld by other industrial factories and their female workers such as at the Lowell Mills.


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"A society is only three meals away from anarchy."
Ian Maclaren
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I LOVE Christmas, and I LOVE giving pressies (not always getting them). Today is the start of it! Our Santa Shoeboxes are ready and going to be dropped off today!!! Next year we will be doing allot more and hopefully getting allot more people involved in it.
Merry Christmas to these two special girls, I hope that our little contribution brings a smile to your faces and you have a magical day!


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May 13, 2017 to May 13, 2017
The City College of New York
May 13, 2017
The City College of New York
North Academic Center, Faculty Dining Room
160 Convent Avenue
New York, NY
The Math Alliance is a national community of faculty and students committed to increasing the number of doctoral degrees in the mathematical sciences awarded to students from underrepresented groups. Talks and working groups at the conference will discuss mentoring of students and the goals, organization and future plans for the NYC Math Sciences Alliance.
Please join us to learn more about what being a Math Alliance mentor entails and how it can benefit your department and students.
More information about the NYC Math Sciences Alliance Meeting…


text: Why You Should Explore Vietnam by Motorbike February 16, 2017 See the country the way the locals do with local operator Hue Rider By: Meagan Drillinger Adventure TravelAsia / PacificTour Operators Travel down the coast of Vietnam with the help of Hue Rider. // © 2017 Becca DoyleFeature image (above): Clients are able to enjoy a personal and customized ride on the back of a 125cc Honda motorbike. // © 2017 Becca Doyle Related Content Here's a must-do in Northern Vietnam: Cat Cat Village. The Details Hue Riderwww.huerider.org To see the magic of Vietnam, it's best to do as the locals do. In Vietnam, a country of some 90 million people and 37 million registered motorbikes, this can only mean one thing: exploring the country from the back of a 125cc Honda.My first motorbike experience in Vietnam was with Hue Rider, a local tour operator that focuses on day tours of Hue and the nearby Korean Demilitarized Zone. Unlike bus tours that are slow-moving and crammed with people, my experience with Hue Rider was much more personal and customizable, allowing me as much or as little time desired at each site in Hue. I enjoyed my day trip so much that I was convinced to cancel my bus ticket between Hue and Hoi An so that I could instead make the trip by motorbike. On the morning of my departure, Mr. Hieu, Hue Rider's owner, picked me up in front of my hotel and strapped my luggage to the back of his bike. Helmet secured, I mounted the bike behind Mr. Hieu and settled into the rumbly seat for the roughly 70-mile journey down the coast to Hoi An. The first stretch of the journey is glazed with lush rice fields and gently sloping mountains rising in the distance. A whooshing in my ears left me in my own private bubble as Mr. Hieu careened the humming bike down the highway, leaving me to silently drink in the green and blue colors that seemed to blend between land and sky.Along the route, Mr. Hieu stops at some popular attractions. The first stop was Elephant Springs, a natural rock pool formation buried deep in the jungle at the end of a winding path, surrounded by misty mountains. A life-size rock carved into the shape of an elephant looks over the gurgling pools that tier their way down the slope of the hill. Other highlights are Hai Van Pass, Marble Mountains and China Beach. Hai Van Pass is reason enough to make this journey. Translated as Sea Cloud Pass, this stretch of road crosses a section of Truong Son Mountains and affords some of the most spectacular views of the hilly landscape and sea below. As you descend toward Da Nang, you can opt for a stop at the Marble Mountains. These five mountains are a top tourist attraction in Vietnam, so watch out for vendors who are eager to sell unnecessarily large carvings depicting lions and Buddha. But the mountains themselves are decorated with pagodas and are worth exploring. The journey nears its end with a zip past China Beach, an 18-mile stretch of sand, whose fame rose during the Vietnam War when soldiers were sent here for R&R. Today, it's a popular swimming beach. Finally, the tour concludes with a safe arrival at your hotel in Hoi An. Making this journey with Hue Riders is a creative way of ticking off Vietnam's coastal highlights while at a client's personal pace and without hordes of other travelers. Print Email


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Geek ... Pray ...
October 17, 2015 | My first full weekend alone after the ma femme journeys to Antibes.
November 3, 2015 | A special trip to Kansas to visit my Mom and chase down a few ghosts.
November 14, 2015 | A kind of hip, spiritual, geeky week I enjoyed in ma femme's absence.
December 14, 2015 | The day I went through my embarrassing past in the garage and trashed it.
December 20, 2015 | Seeing Star Wars: The Force Awakens and coming to terms with stuff.
Walkabout ...
December 26, 2015 | In which I travel to Antibes, France, to be with ma femme.
January 1, 2016 | Hanging out in Paris with ma femme on New Year's Eve.
January 4, 2016 | My travels alone from Paris to Antibes to begin my walkabout.
January 5, 2016 | In which I play through the pain and discover peace in Antibes.
January 17, 2016 | A visit to a cemetery in Cannes invites a conversation with the Universe.
Geek Pray Walkabout ...
Some of you may know that I am currently on a walkabout. A walkabout in indigenous cultures is ... oh, hell with it. I explain it all in this video right here. Anyway, my walkabout is the reason I haven't been keeping my blog up to date. I have been in Antibes, France, since December 26, 2015, and have been too distracted by the wonders of this place to keep my blog up to date. So here in this video is an explanation of Geek Pray Walkabout, which is also the title of my memoir of this experience, which I hope to have ready by the end of 2016. Below that are some key episodes from the video diary, with Geek and Pray on the left marking the time before Antibes and Walkabout marking the time in Antibes.
1/20/2016 10:52:47 am
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About the Bloggers
The doctors have a name for it: confabulation. The filling in gaps in memory by unconstrained fabrication.
In the latter half of the 19th Century, there was this Russian psychiatrist named Sergei Sergeyevich Korsakov observed this behavior in chronic alcoholics. Most often, these patients resorted to imagination to compensate for irregular memory loss and impaired ability to acquire new information.
The phenomenon is called Korsakov's psychosis.
Listen: most of this blog is true ...
April 2018


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The hottest trend on Twitter is #NiaSharma , television actress who made it to the third position of Asia's most sexiest women after Deepika Padukone & Priyanka Chopra. She is even ahead of Alia Bhatt and some other actresses!
While many were astonished to see a new face on the top of the list, others could not stop praising the new entrant. After an indulgence in her instagram account we came to the reasons responsible for building up her position and trust us they are worth it.
Here we bring you the 5 sexy AF photos from her timeline to give a break to your rising curiosities-
Her beach love…is getting too hot to handle.
Her backless sexy gowns.
The temperature is rising…!!
-Aditi Mehrotra (@fashionredefine)


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Sammie - Jam On Me!
This song is just too bomb.com! I love songs like this & Sammie's voice is so bomb too! Hey Sammie, if you ever wanted to do a music video for this, I got the treatment in my head already! =)
Wednesday, July 8, 2009
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Shortly after landing in Juneau, Wisconsin Slim performs Friday before a full crowd at the Alaskan Hotel and Bar. He jammed on his electric guitar and an improvised drum set, which he made out of two garbage cans.
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In this exclusive preview of his upcoming Seeso special, Adam Newman reminds us that you can learn a lot of interesting facts on Wikipedia, including that George Jetson might have committed statutory rape. It's hard to watch this clip and not wind up sharing Newman's fascination with the seedy underbelly of 2062. You might recognize Newman from appearances on Letterman and @Midnight, or from his 2014 Comedy Central half-hour special. His first hour-long special, Fuzzies, premieres this week on Seeso, and if this clip is any indication, it'll be worth searching out.
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Nassau Guardian - Friday, May 17, 2017
Preparations for another wonderful Bel Canto spring concert are well on their way. This yearâs performance, under the distinguished patronage of Governor General Dame Marguerite Pindling, promises to be a grand event covering many genres of music. The group commences its weekend of...read more


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You just pre-ordered the Iphone 4 but you have Verizon wireless Can you flash it to Verizon or something to get it on Verizon?
It is not possible, due to the fact that AT&T is a type of network called GSM. It is not compatible with Verizon, a CDMA network.
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Customer ServiceDial *611 from your cell phone(800) 922-0204Monday-Sunday 6am-11pm
I have a cisco wireless router hooked into a Verizon dsl. If I go wireless I need a adapter and a ethernet to usb dongle. Or run 50' of ethernet cable. Would it connect with a 1-2 splitter?
Sure. but you need to use blue and red glasses
Does Verizon Fios charge you On the websites you go to ?
No, they dont charge you based on what websites you visit.


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If you're a motorcyclist who was lucky enough to survive an accident with a vehicle, chances are good that you wondered, "How did the driver not see me?"
Eyes may be the windows to our souls, but they are not cameras. Images are spotted by the eyes and processed by the brain before forming the mental images we see.
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When motorists are navigating familiar roads, they are lulled into a sense of security -- the fence is on the right side, there's the old oak, go past the school and the store... Whoa, where'd that motorcycle come from?
Sometimes drivers don't perceive things that are right in their field of vision. A fast-moving motorcycle may be one of them, especially if they have been distracted behind the wheel.
Whatever the reason for the other driver's negligence, if you are injured in a motorcycle wreck with an at-fault motorist, we can help you get the compensation to which you are entitled for your injuries, including medical care, rehabilitation, lost wages and other damages.
We want you to focus on healing and resuming your old life to the best of your abilities. We will handle the legal matters and build a solid case for compensation from the other driver's insurance company. We offer our clients advice and guidance when they need it most.


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The Battle Between Good and Evil
There has long been a discussion about the characters in Flannery O'Connor's The Violent Bear It Away. This dialogue revolves around not just how the characters act and what their motives are but also includes an exchange of ideas concerning what each character represents. This is obviously a novel about the battle between good and evil, but on which side of this battle do the characters stand? And, maybe more importantly, which of the characters wins the battle? Is old man Tarwater a representative of good or evil? And where does that put Rayber, the character who stands diametrically opposed to the old man? And then there is the third main character, the young boy Francis Marion Tarwater who teeters somewhere in the middle of the two extremes of old Tarwater and Rayber. Does the young boy capitulate toward evil by the end of the novel? Or does he see his way clear to the bright light of goodness? And last but not least, just what is goodness? Or at least, how does this novel define this abstract quality?
The reviews were mixed when The Violent Bear It Away was first published. O'Connor believed that this was to be expected. She concluded that most readers would not be able to understand the concepts that she portrayed in this short novel. Not only were her ideas abstract, the beliefs that inspired her story were formed by an in-depth study of obscure Catholic dogma. But there are other reasons why readers might have had (and probably still have) trouble comprehending O'Connor's attempt to define good and evil as well as the interior discourse that her characters face in trying to claim goodness in their fictional lives. One major reason for the confusion could be caused by the fact that her characters appear to be muddled in their own thinking. Or it might be that the author herself is unsure about what defines goodness and evil.
Take Old Man Tarwater, for example. In letters to her friends, as published in Flannery O'Connor, Collected Works, O'Connor refers to old Tarwater as a natural man. In her way of thinking this is so because the old man does what he wants, when he wants, to whomever he chooses. Cultural or societal rules mean nothing to him. He is a man of very strong convictions, most of which come directly from his interpretations of the Bible. His analysis of this ancient text is unfettered by other historic accounts or by the outcome of intellectual study. Old Tarwater lives his life based on his instincts. And it is these personal intuitions that help elucidate the Biblical phrases that he reads. The Bible, for instance, says what it says because old Tarwater believes that is what it says. He believes himself to be a prophet— a man to whom God speaks directly. Therefore, accordingly, what Tarwater believes is what God wants him to believe. Old Tarwater's actions, he believes, are directed by God, regardless of society's judgment. In his mind, Tarwater 's motives, thoughts, and actions are all good.
In today's world, however, old Tarwater would be hounded by the FBI until he was shackled and taken to prison. He kidnaps not just one child but two children. And he would have kidnapped a third child, Bishop, but he never gets the chance. He does, however, manage to steal his nephew, Rayber, when Rayber was just a child. Later, the old man takes the young Tarwater boy back to his isolated shack in the woods. When Rayber tries to reclaim the young boy, Tarwater shoots Rayber. Then, after Rayber abandons the idea of rescuing young Tarwater, the old man teaches the boy to lie to state authorities who come to register him for school. This is all done in the name of God, in the name of a religion that has only one member: Old Man Tarwater. He believes he is saving the young boy as he tried to save Rayber before him. And he instructs the young boy to continue his work upon his death.
Then at the other end of the social spectrum, there is Rayber. O'Connor has created this character as the antithesis of the old man. Rayber is all about society and the modern emphasis on science versus superstition. Rayber's world is comprised of so-called facts. He is an intellectual, whose beliefs rely heavily on the results of very precise empirical tests. Whereas old man Tarwater gives free rein to his emotions, which in turn feed his intuitions and inspire him, Rayber confines his feelings, keeping them under control so they will not interfere with his reasoning processes. "To feel nothing," O'Connor writes of Rayber, "was peace." Rayber fears his emotions will drive him insane. "The longing [emotion] was like an undertow in his blood dragging him backwards to what he knew to be madness." If he allows his emotions freedom, he is concerned he will turn out to be just like the old man. If he is to experience any emotion, he concludes, it will be under the rigid controls of his intellect.
On the positive side, Rayber raises his mentally impaired son, providing him with as much stimulating experiences as possible. He sees to the child's needs and at moments admits to himself that he loves the child. Although this love is frightening, Rayber cannot escape it. And when young Tarwater wanders into town, Rayber takes him in without hesitation. Rayber's hope and goal is to rehabilitate the young Tarwater. Rayber believes that the old man has brainwashed the young...
(The entire section is 2196 words.)


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Why hello again…remember little old me?! I sure hope you do, even though it's been a few long months since I last posted anything – but I swear, I have a good excuse J After two and a half LOOOONG months of studying, I took the Virginia Bar Exam at the end of July and am currently awaiting my results (we find out October 31st, so it's going to be the best or worst Halloween of my life!).
So as not to bore you too much with bar exam talk (and TRUST me, it's boring – just ask Seth!), I'll start by sharing some highlights from the summer that I somehow managed to fit in despite my all-day study sessions J
Before the bar kicked my but into hyper speed (a.k.a. 16 hours a day of studying) for our post-July 4th final review, we were lucky enough to have most of our good friends stick around for the summer for some fun! Between pool time, cookouts, and visitors (and studying, of course!), this summer FLEW by (except July, when life seemed to move slower than a freaking tortoise!).
|Me and V post our unsuccessful attempt to move in her couch :-/
|Clam Bake at Brooke's - YUM!
|Pool Day (sans the sun - boo!) with friends.
|Fun on the town with Matt, Em, V, and Audrey post-Mary Kay par-tay!
|Celebrating Maggie's Birthday (courtesy of Grandma Roman)
|Maggie LOVED her treats - thanks, Grandma!
|Celebration at Nellie's to celebrate the end of DOMA!!!
|Me, Seth, and Whitney celebrating #marriageequality!!!
|Em and I at Nellie's after a historic ruling at the Supreme Court :)
|With my incoming co-workers on the Patton Boggs riverboat cruise!
|Whit paid me a surprise visit over the 4th of July weekend!!!
|DC always goes out with a bang for the 4th!
|Our house the morning after the 4th...I guess we had a good time :)
|To wrap up July, a very happy 2 year anniversary to me and Mista Seth <3 td="">3>
In addition to fun times in D.C., we had two weddings that beckoned us out of town during the first two weekends of June. One of my close friends/Brooke's cousin Kristin married Rob in New York – and I was lucky enough to be part of the bridal party J It was a blast! They are Italian, so the food was out of this world, plus we all love to dance, so I worked off SOME of the calories on the dance floor!
|The Franklins at Kristin and Rob's rehearsal dinner.
|The Three Musketeers: Me, Kristin, and Brooke
|Kristin and Rob's first dance :)
|Franklins + Photobooth = Trouble!!!
|Seth and I boogying down!!!
The very next weekend one of Seth's best girlfriends, Emily, married Ryan in San Clemente, California. We got to ring in our visit by celebrating Emily's bachelorette party and soaking up some southern California sun J The wedding was also amazing, right on the beach with quite the handsome minister (hint hint, Mega Seth!). As with Kristin's wedding, we rung in their marriage by dancing til the sun came up! We sure are lucky to have such amazing friends are happy for both of the new married couples!
|Whitney, Sarah, and Emily at Em's bachelorette party!
|A view from the ceremony...b-e-a-u-t-i-f-u-l!
|Emily, Reverend Seth, and Ryan :)
Sadly, once July 4th hit it was all study and no play for this dull boy (although luckily July is now OVER!). Honestly, I've done many challenging things in my life and I can say without a shadow of a doubt that taking the bar exam ranks at the top! It's a 2-day test (6 hours of essays one day, 6 hours of multiple choice the next day) and really puts you through the ringer!
In Virginia, all test takers take the bar exam at one location: Roanoke, Virginia. It's about a 4-hour drive down, so I was glad that one of my co-workers to be, Sunitha, rode down with me. She and I were actually good study buddies this summer and I'm so glad I had a friend there going through the same hell as me J I'm also beyond grateful to Seth, Mom, Dad, and all my other family and friends for their love, support, and encouragement throughout the entire process - I LITERALLY couldn't have done it without you all!!!
|My sentiments during July...
|But Seth and the pups were there to cheer me on!!!
|My study corner :-/
|1,000 pages of outlines, 2,000 notecards, and hundreds of hours of study later...
hopefully I passed :) :) :) FINGERS CROSSED!!!
Now, with the bar exam behind me (hopefully for good!!!), I've been playing catch-up on real life and enjoying some MUCH needed downtime. I've had the chance to spend some time with friends before they head off on their next journey, enjoy some QT with Seth, the pups, and other family, and even managed to try and get my fitness back on and catch some rays J One word: AH-MAZING!!!
|Me and V = FREE!!!
|Seth and Whitney at Larry Lounge celebrating Whit's last night in DC :(
|Yas and I at a BBQ before she leaves for Philly :(
|Happy Birthday to my cousin Maritere and her daughter Sofia!
|Much of the Roman family at Maria and Jay's!
|After such a busy summer, this about sums up our feelings...
And that about catches you up on the goings on of the Romanhurst family since my last post…but never fear, the adventures won't stop here J With all this behind me I feel a mile high (literally, since I'm writing from Denver haha) and ready for some more fun…so it's off and away for us – next stop: UTAH!!!


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|GiGi fixed her a big plate of fruit...she LOVES fruit!
Thursday they did lots of fun things. I believe there was some Moe's involved and the big adventure of the day was a trip to the Fire Museum!
Friday when she got up she wasn't feeling so great (her throat was bothering her...again). She decided to hang out in her pajamas and play before it was time to head back home! We were SO excited to get our Roo back and hear about all her adventures. Ellie was super excited to see her because it meant that SHE got to hop in the car and head to Summerville!
Ruthie is already asking when she gets to go back for a special trip to Summerville again. She had SO much fun!


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December 13, 1976
Chester DOBBINS
CRAIN BROTHERS, INC. v. PITTSBURGH & LAKE ERIE RAILROAD COMPANY
The opinion of the court was delivered by: KNOX
KNOX, District Judge.
The facts of this case are simple. The plaintiff slipped and fell upon ice and snow on the deck of the defendant's barge sustaining serious injuries. However, careful consideration of the legal issues arising from this injury leads the court to agree with Judge Friendly's observation that admiralty law constitutes a "wonderland"
and with the observation of Judge Teitelbaum of this court that this area of the law is riddled with a "byzantine maze of exceptions and fine distinctions".
The court initially notes that most of the discussion in this opinion will not apply to accidents occurring after the effective date of the 1972 amendments to the longshoreman's and harbor workers compensation act which eliminated the doctrines of unseaworthiness and indemnity in admiralty cases. (33 U.S.C. § 901 et seq. as amended 1972).
The plaintiff in this case was an employee of the third party defendant, the Pittsburgh and Lake Erie Railroad Company (hereinafter R&LE). The P&LE was under contract with the Youngstown Sheet & Tube Company to unload coal at the Colonna dock, in the Ohio River near Monaco, Beaver County, Pennsylvania.
At about 7:30 a.m. on February 6, 1972, the plaintiff, a member of the P&LE's labor crew, was instructed by a superior to round two barges at the Colonna dock. "Rounding" is a process of manually shifting the positions of barges by letting the current take them around. It had been snowing since early that morning and several inches of snow had accumulated on the deck of the barge. Mr. Dobbins slipped and fell on the "gunnel" while in the process of rounding the barges.
On January 18, 1974, plaintiff filed suit against P&LE under the Jones Act at Civil Action Number 74-50 in this court. This lawsuit was settled on January 20, 1975, for $85,000. The release signed by the plaintiff and the P&LE is appended hereto as Appendix A and its effect will be discussed at length in parts one and two of this opinion, infra.
The present, the second lawsuit, was filed by the plaintiff on January 21, 1975, on the basis of unseaworthiness and the Jones Act. On May 13, 1975, a third party claim was filed against the P&LE by Crain Brothers seeking indemnification and/or contribution.
A four-day jury trial was held on plaintiff's second lawsuit on May 10 through 13, 1976. The court directed a verdict for Crain Brothers on the Jones Act issue because the record disclosed no evidence that the plaintiff was an employee of Crain Brothers. The rest of the case was submitted to the jury on the basis of a special verdict and the jury's findings have been appended hereto as Appendix B.
On May 14, 1976, in accordance with the verdict a judgment order was entered against the defendant in favor of the plaintiff in the amount of $240,000. (The $320,000 verdict minus $80,000 for the plaintiff's 25% contributory fault.) Motions for a new trial, for judgment NOV and to amend judgment were subsequently filed by Crain Brothers on May 21, 1976, and a motion to amend judgment as filed by the plaintiff on May 21, 1976. Different counsel now represents Crain Brothers.
The motions require the court to consider ten issues:
(1) Does the settlement of Civil Action No. 74-50 bar the present suit?
(2) If not a bar, should the settlement of Civil Action Number 74-50 offset the recovery in this case? If so, to what extent?
(3) Should the jury's finding that Crain Brothers breached a duty owed to the plaintiff to maintain a seaworthy vessel be upheld?
(4) If the plaintiff can recover against Crain Brothers pursuant to the foregoing questions, is Crain Brothers entitled to contribution from the P&LE?
(5) If the plaintiff can recover against Crain Brothers pursuant to the foregoing questions, is Crain Brothers entitled to indemnity from the P&LE?
(6) If Crain Brothers can recover from P&LE under Question 4 or 5, what is the proper amount of this recovery?
(7) Was the verdict of $320,000 excessive?
(8) Did the court err in admitting evidence of Crain Brothers insurance?
(9) What effect, if any, does the plaintiff's contributory negligence have on his total recovery?
(10) Finally, sorting out the answers to the above questions, what sums of money are due from Crain Brothers to the plaintiff and from the P&LE to Crain Brothers?
(1) Bar by Previous Settlement.
In the case of Leach v. Mon River Towing, Inc., 363 F. Supp. 637 (W.D.Pa.1973), Judge Snyder held that the effect of releases in the field of admiralty law must be governed by federal law. Judge Snyder further held that:
"While there are no Supreme Court cases dealing specifically with the application to seamen, the court has expressed its views on this subject in other types of cases, such as in Aro Mfg. Co. v. Convertible Top Replacement Co., 377 U.S. 476, 84 S. Ct. 1526, 12 L. Ed. 2d 457 (1964), (patent infringement), to the effect that the release of one tortfeasor releases all unless the release expressly reserves the right against the other joint tortfeasor." 363 F. Supp. at 644.
The other major Supreme Court case in this area, other than Aro, discussed by Judge Snyder, is Zenith Radio Corp. v. Hazeltine Research, 401 U.S. 321, 91 S. Ct. 795, 28 L. Ed. 2d 77 (1970). In Zenith, the Supreme Court discussed three possible methods of interpreting releases. The "ancient common law rule, which was grounded upon a formalistic doctrine that a release extinguished the cause of action to which it related, was that a release of one joint tortfeasor released all other parties jointly liable, regardless of the intent of the parties." 401 U.S. at 343, 91 S. Ct. at 808, 28 L. Ed. 2d at 95. The Supreme Court rejected this rule in Aro finding it to have "been repudiated by statute or decision in many if not most states . . . and by the overwhelming weight of scholarly authority". 377 U.S. at 501, 84 S. Ct. at 1540, 12 L. Ed. 2d at 477.
The two more modern approaches are that a release normally extinguishes the underlying cause of action unless the plaintiff expressly reserves his rights against others
or the viewpoint expressed by Judge Snyder in the Leach case that the intention of the parties governs without any presumptions as to the effect of a release.
401 U.S. at 343, 91 S. Ct. at 808, 28 L. Ed. 2d at 95. The Supreme Court applied the intention of the parties rule in Zenith, 401 U.S. at 345, 91 S. Ct. at 809, 28 L. Ed. 2d at 96 to civil antitrust cases. See also the opinion of this court in Baughman v. Cooper Jarrett, 391 F. Supp. 671 (W.D.Pa.1975).
The court has determined, as did Judge Snyder in Leach, that the more modern approach to determining the effect of releases, reflected in Aro and in Zenith, should be applied to admiralty cases. The court notes that injured seamen such as the plaintiff often suffer from a lack of education and may be unaware of their legal rights. Thus, there is even more reason to construe admiralty releases to protect the plaintiffs' rights than there is in the fields of antitrust and patent infringement, where the parties are more likely to possess equal bargaining power. The court also notes that while there are no Third Circuit cases on point, the Fifth Circuit has adhered to the intention of the parties' rule in construing admiralty releases in Billiot v. Sewart Seacraft, Inc., 382 F.2d 662 (5th Cir. 1967).
The terms of the release in Civil Action No. 74-50, appended hereto as Appendix A, clearly preserved the plaintiff's right to sue Crain Brothers. Thus, under either of the modern tests, discussed in Zenith, supra, the present suit should proceed in spite of the settlement of Civil Action 74-50. In addition, the right to sue Crain Brothers was discussed at the settlement hearing.
The intention of the parties on this point is therefore crystal clear, will be respected by the court and the defendant's motion for judgment on this ground denied.
(2) Set Off of Prior Settlement.
A corollary to the two modern viewpoints about the effect of releases, discussed in Zenith, supra is that the plaintiff cannot receive a double recovery for the same injuries even if he is permitted to maintain more than one lawsuit. In the Aro case, the Supreme Court stated that:
"Payments made by one tortfeasor on account of a harm for which he and another are each liable, diminish the amount of the claim against the other whether or not it was so agreed at the time of payment and whether the payment was made before or after judgment . . . ." Restatement of Torts, supra, § 885(3).
"It has been said that 'all courts are agreed' upon such a rule." 377 U.S. at 503, 84 S. Ct. at 1541, 12 L. Ed. 2d at 478.
In Zenith, the Supreme Court stated the rule to be that:
"It is settled that, entirely apart from any release, a plaintiff who has recovered any item of damage from one coconspirator may not again recover the same item from another conspirator; the law, that is, does not permit a plaintiff to recover double payment." 401 U.S. at 348, 91 S. Ct. at 811, 28 L. Ed. 2d at 97.
The release, see underlined portion in Appendix A, discusses the matter of a set off in the suit against Crain Brothers but the intent of the parties as to its amount is ambiguous. The court interprets this portion of the release to mean that the parties intended for there to be an offset and listed two possible tests of the amount -- either the amount of consideration, $85,000, or P&LE's pro rata share of any recovery against Crain Brothers under a joint tortfeasor theory.
In Parts 4 and 5 of this memorandum, infra, the court determines that P&LE is liable to Crain Brothers for 3/4 of the total verdict. The two standards outlined in the release thus lead to different results under the facts of this case. The release contains no provision outlining how to deal with such conflict -- such as to apply the greater amount. But in a personal injury case under admiralty law such as this and especially considering that the plaintiff is illiterate and probably did not possess equal bargaining power with the P&LE, the court will construe this ambiguous provision in favor of the plaintiff. Several principles of contract construction may apply to this release: contracts should be construed against the drafting party, In re F. H. McGraw & Company, 473 F.2d 465 (3d Cir. 1973), cert. den. 414 U.S. 1022, 94 S. Ct. 443, 38 L. Ed. 2d 312 (1973), existing law is deemed to be part of a contract absent a contrary manifestation of intent. (The existing law under Aro and Zenith would provide for a set off of the first settlement only.), Rehart v. Clark, 448 F.2d 170 (9th Cir. 1971), and the courts have always reflected a high degree of solicitude for the rights of injured seamen, e.g. Calmar S. S. Corp. v. Taylor, 303 U.S. 525, 58 S. Ct. 651, 82 L. Ed. 993 (1938). Harden v. Gordon, Fed. Cas. No. 6047 (C.C.) (containing a classic passage by Mr. Justice Story about the duty of courts to protect seamen.) The court thus rules that the full amount of the $85,000 settlement -- but not the total pro rata share of P&LE of the recovery in this case -- must be set off against the plaintiff's recovery in this case. This approach is in line with Zenith and Aro in prohibiting a double recovery and also reflects the fairest reading of the intent of the parties in executing the release. This result also reflects the court's sense of justice and fair play. If no set off were permitted in this case, the plaintiff would be receiving $85,000 in excess of what a jury determined to be the fair value of his damages. And to permit such a double recovery would be to approve a procedure whereby plaintiffs could attempt to escalate their damages by recovering the same items two times from two different parties. Such recoveries would constitute windfalls to injured seamen at the expense of shipowners and stevedores. On the other hand, to allow a set off of greater than $85,000 would give the plaintiff a total recovery less than the amount the jury determined to be the fair value of his injuries and would not reflect the fairest reading of the terms of the release.
The court has examined the case of Pope & Talbot v. Hawn, 346 U.S. 406, 74 S. Ct. 202, 98 L. Ed. 143 (1953), cited by the plaintiff as allowing double recovery in this case. In Hawn, the plaintiff had received payments under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq. from his employer, an independent contractor, for injuries received while repairing grain-loading equipment. In an action against the shipowner for unseaworthiness, the court, in an opinion by Justice Black, refused to permit a set off for prior compensation payments received from the independent contractor. However, this holding was premised on Section 33 of the L&HWCA which has "specific provisions to permit an employer to recoup his compensation payments out of any recovery from a third person negligently causing such injuries."
346 U.S. at 412, 74 S. Ct. at 206, 98 L. Ed. at 152. The court also did not wish to frustrate the Act's purpose: "to protect employers who are subject to absolute liability by the Act".
The Hawn case thus rests on the unique provisions of the L&HWCA. Civil Action 74-50 was brought under the Jones Act and other than some nominal payments before the suit was commenced,
the plaintiff has not sought nor received any compensation payments ...
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