text:
Press Releases
MagneGas Signs Letter of Intent for $2.65 Million Equipment Sale to German Company; Largest Single Sale in Company History Also Includes Expansion Opportunities
Letter of Intent Signed for $2.65 Million Includes Sale of Gasification System, Sterilization System and MagneGas2(R) Fuel; LOI Includes Royalties and Expansion Rights
TAMPA, FL -- (Marketwired) -- 10/17/16 -- MagneGas Corporation ("MagneGas" or the "Company") (NASDAQ: MNGA) (MNGA) a leading technology Company that counts among its inventions a patented process that converts renewable and waste liquids into innovative MagneGas2® fuel, a replacement for acetylene, announced today that it has entered into its largest equipment sale to date with a Letter of Intent ("LOI") to manufacture and deliver certain equipment and supplies to a company based in Germany. MagneGas will receive $2.65 million for its proprietary Gasification and Sterilization systems and will supply MagnesGas2® fuel and cylinders. The sale marks a new era for the Company as it seeks to expand the availability of its technology and MagneGas2® fuel across the European continent in the global $5 billion metal cutting fuel market.
Under the terms of the LOI, MagneGas will manufacture and deliver: 1) A 300KW stationary Gasification system: 2) A 100KW mobile Sterilization system: 3) 250 cylinders full of MagneGas2®; and 4) 50 MagneGas regulators. A deposit of $25,000 has been received, with progress payments totaling $2.625 million due upon signature of the definitive agreements, construction completion and delivery of systems with related supplies. The LOI calls for exclusive distribution rights in Germany, with an option to purchase rights to certain additional countries with system deployments.
MagneGas has agreed to keep the name of the German company and the exact details of the LOI confidential until the parties enter into the definitive agreements. The Gasification system will be used to produce MagneGas2® fuel to sell into the German market with the potential of other markets coming online soon after. The Sterilization system will be used for demonstrations and small service contracts with the goal of entering the agriculture and municipal wastewater treatment markets in Germany.
Ermanno Santilli, CEO of MagneGas Corporation stated: "The entire MagneGas team is excited about this opportunity because it holds the potential to open up target markets that desperately need our technology and the fuel it can produce. This sale is the largest sale in the history of MagneGas and will provide us the opportunity to expand further into Europe. We believe this is one of the most significant events in the Company's evolution and will help define our strategy for 2017 and beyond."
The MagneGas IR App is now available for free in Apple's App Store for the iPhone or iPad http://bit.ly/AfLYww and at Google Play http://bit.ly/Km2iyk for Android mobile devices.
To be added to the MagneGas investor email list, please email email@example.com with MNGA in the subject line.
About MagneGas Corporation
MagneGas® Corporation (MNGA) owns a patented process that converts various renewables and liquid wastes into MagneGas fuels. These fuels can and are being used by some of the nation's most recognized businesses and governmental organizations as an alternative to natural gas or for metal cutting. The Company's testing has shown that its metal cutting fuel "MagneGas2®" is faster, cleaner and more productive than other alternatives on the market. It is also cost effective and safe to use with little changeover costs. The Company currently sells MagneGas2® into the metal working market as a replacement to acetylene and is working with such recognized leaders as the US Army, US Navy, the Fire Department of New York (FDNY), several of the largest utilities in the United States and most recently, expanded its presence with one of the world's premier auto manufacturers. MagneGas2® is being touted as the next big thing in the metal cutting and fabrication sectors and as the only truly safe and superior replacement of the legacy fuel acetylene.
The Company also sells equipment for the sterilization of bio-contaminated liquid waste for various industrial and agricultural markets. In addition, the Company is developing a variety of ancillary uses for MagneGas® fuels utilizing its high flame temperature for co-combustion of hydrocarbon fuels and other advanced applications. For more information on MagneGas2®, please visit the Company's website at http://www.MagneGas.com.
The Company distributes MagneGas2® through Independent Distributors in the U.S. and through its wholly owned distributor, ESSI (Equipment Sales and Services, Inc.). ESSI has four locations in Florida and distributes MagneGas2®, industrial gases and welding supplies. For more information on ESSI, please visit the company's website at http://www.weldingsupplytampa.com
This press release contains forward-looking statements as defined within Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. These statements relate to future events, including our ability to raise capital, or to our future financial performance, and involve known and unknown risks, uncertainties and other factors that may cause our actual results, levels of activity, performance, or achievements to be materially different from any future results, levels of activity, performance or achievements expressed or implied by these forward-looking statements. You should not place undue reliance on forward-looking statements since they involve known and unknown risks, uncertainties and other factors which are, in some cases, beyond our control and which could, and likely will, materially affect actual results, levels of activity, performance or achievements. Any forward-looking statement reflects our current views with respect to future events and is subject to these and other risks, uncertainties and assumptions relating to our operations, results of operations, growth strategy and liquidity. We assume no obligation to publicly update or revise these forward-looking statements for any reason, or to update the reasons actual results could differ materially from those anticipated in these forward-looking statements, even if new information becomes available in the future. The Company is currently using virgin vegetable oil to produce fuel while it configures its systems to properly process waste within local regulatory requirements.
For a discussion of these risks and uncertainties, please see our filings with the Securities and Exchange Commission. Our public filings with the SEC are available from commercial document retrieval services and at the website maintained by the SEC at http://www.sec.gov.
Investor Contacts:
KCSA Strategic Communications
Philip Carlson
Source: MagneGas Corporation
Released October 17, 2016


text:
Residence of Prince Gong
The Former Residence of Prince Gong, or Gong Wang Fu in Chinese, covers roughly six hectares and consists of two parts: the "palatial", siheyuan-style building compound, which also typically consists of courtyards and gardens, including flower and kitchen gardens (for a better understanding of the layout of the siheyuan compound, click here); and the main garden - or garden-park - which also consists of pavilions and other building structures.* The Former Residence of Prince Gong is Beijing's largest and best preserved Qing (1644-1911) Dynasty residence belonging to a member of the imperial family.
Historical Background
The residential palace that bears the name of Prince Gong was not originally built for the prince; it was built for a favorite minister of Emperor Qianlong, whose reign (CE 1735-1796) took place during the last dynasty of China's imperial era, i.e., during the Qing (CE 1644-1911) Dynasty. The rise and, alas, fall of Minister He Shen, on whom much favor was bestowed by the emperor, was inextricably linked to the rise and fall of Emperor Qianlong; when the emperor was replaced (Emperor Qianlong enjoyed a very, very long reign (no pun on the name intended), and died of old age only four years after having ceded the imperial palace to his successor - and son - Emperor Jiaqing), a reckoning was inevitable, and thus He Shen was executed, ostensibly for corruption, in the same year (1799) that his "patron saint" and former employer, Emperor Qianlong, died, and He Shen's magnificent palace was confiscated and given to another of Emperor Qianlong's sons (he had 17!), the youngest, Prince Qing Junwang.
A half century later, in 1851, ownership of the former palace of Minister He Shen passed on to the next emperor, Emperor Xianfeng, who assigned it to his brother, Prince Gong Qinwang, and thus the former residence of Minister He Shen came to be known by posterity as the Former Residence of Prince Gong, which name has perhaps a better ring to it - pun indeed intended - than the name of "Former Residence of Minister He Shen". In any case the name stuck, and the palace remained in the Gong family for several years beyond the collapse of the Qing Dynasty; ownership of the former palace was transferred from the grandson of Prince Gong in 1921 to the Catholic Church as collateral for a loan, as part of a desperate attempt to restore the imperial monarchy (as is so often the case, divergent political groups that temporarily unite for a single purpose typically fall into disarray once the initial and temporarily unifying goal is achieved, the goal in this case being the ousting of a dynastic governing structure in favor of a republic).
The palace was thereafter purchased by the Catholic University of Fu Jen (the former Fu Jen Academy) on present-day Taiwan, and dubbed the Catholic University of Peking ("Peking" being the Western pronunciation at the time for Beijing). After the formation of the PRC, the palace was again confiscated, its buildings to serve thereafter first as Beijing Normal University, then the Chinese Music Academy. The "palace" even served for a short while during the Cultural Revolution as the Beijing Airconditioning Factory (!).
The palace was finally recognized as a site of national cultural heritage by the government of the PRC in 1982, and it was gradually restored to its former glory. In 1988 the former palace's garden-park was opened to the public. In 1996 the restoration of the former palace's building structures was also complete (the buildings had been ravaged by fire in the early part of the 20th century, following the collapse of the Qing Dynasty, and had to be reconstructed with the help of historical documents and photos), and the illustrious Former Residence of Prince Gong was reborn, open to the public as another popular tourist attraction of the captial city. (As a postscript for the curious, the Catholic University on present-day Taiwan, today called Fu Jen Catholic University, remains alive and well, and may someday (who knows?) - that is, after reunification takes place - at least be given a role to play in the way the cultural heritage of the Former Residence of Prince Gong is to be expressed for future generations.)
The Present
Present-day visitors to the Former Residence of Prince Gong will see many rockeries - including some bizarrely-shaped rocks from the bottom of Lake Tai, which strangely-eroded (via naturally-occurring, mildly-acidic carbonic acid) sandstone rocks also form the rockeries of Lion Grove Garden in the city of Suzhou in Jiangsu Province farther to the south - as well as pavilions, halls, and other features typical of the garden-parks of southern China. But there are Western architectural influences here as well, for example, the Western style main gate, which is considered to be one of the three most distinguishing features of the former palace.
The government's long-term plans with the Former Residence of Prince Gong is to preserve it as a museum piece, as it were, showcasing the archtypical Chinese palatial residence during the Qing Dynasty period. But the former palace is more than just a museum over Qing Dynasty palatial architecture and landscaping, it also serves as a venue for art exhibitions. For example, in 2008 the palace hosted two major art exhibitions, one entitled "Echoes of the Palace: An Exhibition of Works by Trans-Straits Artists", which showed numerous paintings by mainland Chinese and Taiwanese-Chinese artists, including portraits of historical personnages who had lived in the former palace; and the other entitled "China and Denmark: Anno 1600 to 2000", which included works, many related to China, from Denmark's Frederiksborg Museum of National History.
Additional Reading
* One hesitates to use the word "palace", and its derivatives (and the word "mansion" is hardly better suited), to describe an Imperial Chinese residence - or indeed, any large, conspicuously-opulent Chinese residence such as the type built by wealthy merchants - however large the residence may be. The Chinese building style, even at the royal, or imperial, level, cannot be compared to the European palatial style, which is characterized by enormous - and often enormously towering - concrete and brick structures with ostentatious, Greek-influenced facades, and which generally make no attempt to reconcile themselves with the surrounding landscape (indeed, the typical European mansion forces nature, in the form of a perfectly designed and perfectly manicured garden, to reconcile itself to the mansion's buildings).
This style is in sharp contrast to the Chinese building style, as characterized especially by the siheyuan courtyard compound, which is more "holistic" in the sense that buildings and nature form a balanced whole, and where the architect takes mother nature - at least her topography - as given and then reconciles the buildings to her (this does not mean that the Chinese never "fiddle with mother nature", for artificial lakes, rockeries, etc., abound in large Chinese garden parks). For lack of a better term, I therefore use the word "palace" and its derivatives in the above to describe the Former Residence of Prince Gong.
Solo Adventure Tips:
The former palace is located at no. 17 West Street ("Xi Jie"), Qianhai District.
How to Get There?
There are a number of public buses in Beijing whose routes service the former palace. These are: bus nos. 13, 107, 111, 108, 701, 810, 850 and 823. Your destination (where you get off) is the rear gate of Beihai Park.
Ticket Price:
20 Yuan per person.
Opening Hours:
From 8:30AM to 5:00PM.
More Tips:
Recommended Tours:
Our local experts are always ready to create you a hassle-free tour. Get an authentic experience by contacting one of our travel advisors.

subset: commoncrawl


text:
Sir Thomas Browne, that extraordinary writer who lived from 1605 to 1682, is credited with being the first documented user of 800 words in the OED. He largely achieves this distinction by inventing words through the process of jamming together short words or parts of words from English or other languages. It is a process usually thought of as involving Greek and Latin, as in the word 'television' from tele, the Greek for 'far', and the Latin word for 'seeing'; but the German fernsehapparat works in much the same way – 'far see apparatus'. Browne is credited with the first documentation of 'mistle thrush', though this probably was just because he happened to be the first person to have put it down in a surviving text (mistle thrushes were so called because they eat mistletoe, or at least can be seen easily when they are doing so).
Thomas Munks wrote of his style of writing: 'His style is indeed a tissue of many languages – a mixture of heterogeneous words, brought together from distant regions, with terms originally appropriated to one art and drawn by violence into the service of another. He … was not content to express in many words that idea for which any language could supply a single term. … He has many forcible expressions, which he would never have found but by venturing to the utmost verge of propriety; and flights which would never have been reached, but by one who had very little fear of the shame of falling'. So, in a lexical sense, not afraid to invent words 'heedlessly', a term for which he is the first credited user.
A lot of Browne's first uses have survived and become core English words: additionally, ambidextrous, approximate, botanist, carnivorous, causation, circumference, coma, compensate, complicated, disruption, electricity, equable, ferocious, gradually, hallucination, inconsistent, narwhal, perspire, selection, therapeutic, ulterior, vertically, and the phrase 'above one's station'. But maybe more exciting are the ones that we don't hear so often: avolation (flying away), glandulosity (a gland-like formation), latirostrous (having a broad beak), and opodeldoc (a medical plaster). Thus a latirostrous mistle thrush suffering a ferocious complicated glandulosity might be spared hallucinations (or additionally even a coma) by the application of a therapeutic opodeldoc, with the causation of its avolation.
The majority (just) of these get past spellcheck.


text:
Praise a DMV office or representative [1]
How do I send a compliment about the service I received at an office or about a DMV representative?
Had a great customer service experience? We want to hear from you. Your positive comments help us recognize and support our employees.
If possible, provide the name(s) of the representative(s) who helped you along with the date, time and location of the service you received.
- visit DMV's Ask a Question service
- select the topic 'Suggestions, Comments and Complaints'
- enter your compliment (at first you will be limited to 250 characters, but you can add more information later).
- select 'Continue'
- select 'Email DMV' at the bottom of the page
- select 'Compliment' in the category field
- add to or submit your comment
Go to Ask a Question [2].
By mail
Send a letter to
Mark J. F. Schroeder, Acting Commissioner
Department of Motor Vehicles
6 Empire State Plaza
Albany, NY 12228
- Contact Us [3]


text: Page ContentSince our last Pension Alert, there have been a number of developments on the litigation front of interest to the pension community. We summarize those decisions below. If you believe that one or more of these decisions may affect you, the Pensions Group at Borden Ladner Gervais LLP would be pleased to discuss them with you. Pension Alert - July 2008 - Recent Case Law Developments


text:
Endovenous laser ablation of varicose veins is an effective procedure to reduce the appearance of varicose veins, which appear is swollen, blue or dark purple veins protruding from the skin of the legs, ankles, feet, or other areas of the body. During endovenous laser treatments, which are also known as ELT or EVLT, laser energy seals off the vein, which is then absorbed by the surrounding tissues.
1 hour or less
Local anesthesia
1 week
4 weeks
Blood clots, infection, temporary numbness
$500 per treatment
Laser treatments for varicose veins can vary in price depending on the doctor's fees and the size of the varicose vein being removed. Endovenous laser treatments may be covered by insurance if the varicose vein is symptomatic, making its removal medically necessary.
Endovenous laser treatments for varicose veins are an ideal noninvasive method for removing large varicose veins, particularly those without many turns and bends. Most patients use this procedure to treat the saphenous veins in the thighs. Endovenous laser treatments cannot be used to treat spider veins. Most adults with varicose veins are medically able to undergo this procedure.
Endovenous laser treatments involve the sealing of varicose veins using targeted laser beams. The laser energy is attracted to hemoglobin in the blood. This energy seals off the targeted vein and causes it to collapse, stopping the flow of blood into the vein.
Endovenous laser treatments for varicose veins are performed in the doctor's office. You should wear comfortable clothing that allows the doctor access to the vein. First, the leg will be sterilized and treated with a local anesthetic. Once the area is numb, a small incision near the vein allows the insertion of a small tube through which the laser energy is directed into the varicose vein. You may feel slight pressure as the catheter is inserted into the vein. During this procedure, an ultrasound allows the doctor to watch the catheter as it is threaded through the vein. Pulses of laser energy enter the vein through this tube, destroying the vein by causing it to collapse in on itself. Everyone in the room must wear special protective glasses while the laser beam is in use. Following the end of the laser treatment, no sutures are needed, although the small incision created to insert the catheter may be covered with a bandage. Most varicose veins only require one treatment. If a second treatment is required to treat the vein, or if multiple varicose veins are being removed, a second treatment may be scheduled as soon as four weeks after the first appointment.
Following endovenous laser treatment of varicose veins, a compression stocking must be worn to reduce bruising and tenderness while supporting the treated area. Normal activities can be resumed immediately, with the exception of prolonged sitting, heavy lifting, and strenuous activity.
The laser energy targeted with such precision that surrounding tissues are unharmed. Endovenous laser ablation is a safe procedure with very few potential risks. Common side effects include bruising and tenderness which last about a week. Rarely, blood clots can form in the veins of the leg. This risk can be reduced by the wearing of compression hosiery following the procedure. Like any procedure requiring penetration of the skin, there is a risk of infection, although this risk is significantly less than one in 1,000 with endovenous laser treatment. Other rare risks include temporary numbness in the treated area or deep venous thrombosis.
Knowledge is power so arm yourself with the facts before making any decision about Endovenous Laser procedures; click here for an essential check list to help you find the right Perfect Yourself skin specialist.


text:
I am not sure how many years it has been since i went on a trip with my parents and my brother but I could probably say it has been a good 38 years ! This past week found me jetting down to the coast again to my brother's and then driving up the Fraser Valley to pick up my parents so we could could head onto Vancouver Island early Friday morning . The storm of the century didn't happen - thankfully - and we had a smooth ferry sailing across Georgia Bay . As I haven't been on the Island for 26 yrs years it was amazing to see all the growth in population there and yet there seemed to be a lot of open , unused land . The natural beauty is something to see and I love the oceanside communities . As we went from Nanaimo to Comox we took the scenic route through all the small towns of Fanny Bay , Oyster Bay , Qualicum Beach and a cute little town with a great ocean side cafe called Bowser ! Was fun to get out an smell the sea air and to stretch every hour or so . As Dad had hip surgery in January it was very necessary to do that .... and besides the fact 4 adults in a mini van need to get out !!! LOL ! We headed into Comox and found that my Uncle's was right on the main drag and easy to find which was a bonus ... not that you could actually get lost there I don't think !
My parents stayed with my Uncle ( Mom's brother ) while my brother & I stayed up the street in a motel . That gave us a breather from the family and a chance to explore the town .
These photos are of the ocean and if you look hard enough you can see where my #4 granddaughter lives ...so near and yet so far ........ the temptation to hope the ferry and go there was a great pull but I just didn't have the time to go on a wild goose chase . I love the ocean and it is so peaceful to walk along it even though the wind was cold and blowing ! We had an awesome visit for 2 days with my Uncle and I even got to see my cousin ( another Uncle's daughter ) whom I haven't seen in over 30 yrs ! It was a great trip to the Island but Sunday found us heading back to the mainland where my sister and her husband came to collect my parents from my brother's .
This is heading south down the Island highway into Nanaimo on Sunday morning ...in a rainstorm !
I spent another 2 days with my brother and got to see a good friend that recently moved within a few blocks from my brother . Unfortunately she had to work the 2 days I was there so we only had a short visit but a good one ......
Well I am now home and trying to catch up on things around here .... I feel like I have lost a week somewhere and we are heading into Friday again ! Sheesh !!! This has to be a sign of getting older ! LOL !
On another note , BIL is back in the hospital after a series of seisures . The specailists think it is from the combination of radiation and chemotheraphy he has had this year but they are running further tests to see if they can find the cause . I am sure he and his wife are just wishing they would get some GOOD news for a change ! I know we are rooting for some too !
" Nothing is worth more then this day . Make the best of it . "
About Me
- Donna C
- BC, Canada
- I have been married to the same guy for a LONG time ! We have 3 grown children and the 5 loves of our lives that they have given us ... 4 girls and one boy ! I have been crafting all my life and found my true addiction when I taught myself to use Copic Markers and introduced them into my card making ! I am NOT certified in the use of Copics but that doesn't stop me from creating with them ! I always been a bit of a crafting rebel and don't follow directions well !I love crafting with my hands and seldom will you find them idle as they usually have a crochet hook , knitting needles or a book in them . Exercise is not my strong suit ! LOL ! My husband and I also love camping in our RV ( weather permitting ... as in NO snow !) so most weekends from Spring to Fall you find us camped somewhere with our 3 Yorkies .... though don't tell them they aren't BIG dogs ! Hope you enjoy my little touch of my life .... the creative and the real life !
Thursday, October 25, 2007
Wednesday, October 10, 2007
And life goes on .....
Early morning fog on Lac la Hache , BC
Our little maple tree is growing !
The motorhome is winterized and put away for the winter so it must mean we are done camping after 45 days of actually getting out and using it ! The men folk are talking about their Fall hunt up North and rehashing last years ........
It is already past our Thanksgiving and that is so hard to believe ! What ever happened to September ? It came and went so fast ! The colors of our trees this year were beautiful but so sad to see everything turn so fast . The cool weather also hit fast and furious but AFTER DH & I managed a week of holidays . We just camped within 3 hrs of home and managed to stay in 4 different places and 4 different lakes . The one photo of the fog coming off the lake is at Lac la Hache , BC ..... I think this was a definate start to the fall !
Our little grandkid maple tree ( the 2 middle grandgirls gave it to us out of their yard ) has grown a lot this summer and sprouted a few more branches and leaves . It managed to survive the summer and the pups . lets hope it survives another winter as I love the tree and hope it grows quickly so it will shade our deck .... if we ever see a hot summer again that is !
Our fall has been very busy as DH has been away on 2 business trips and our week's holiday . I leave again next week for a trip with my brother and parents to Vancouver Island to see my Mother's last surviving brother and whom I was named after . His wife of 40 yrs passed away in September after years of fighting brain cancer ...she was 80 and survived for over 25 yrs after her first tumor ! Amazing !!! DH's brother is still fighting and has been getting some very good news from his specialists so lets hope after such bad news at the beginning of the year that he can beat the cancer completely ! Miracles do happen ! Dh seems to be feeling a lot better too which is wonderful ... makes the stress of the past few months a bit of a blurr !
It is nice that some of the stress has left and that I had a lot of time to myself so I could get the creative juices flowing and play with my " toys " ! I did manage a couple layouts and a few cards even though my rotator cuff has been giving me major problems for the past 6 weeks . Physio has helped but I wish it would just go away as I hate beeing in pain as much as the next person ! But like most injuries , it takes time to heal ....... I did receive some very nice stamps in the mail today as I was one of the 1001 people to be drawn for a promo set of " family " stamps from Inque Boutique :-) I can hardly wait to play with them !
Happy Fall everybody , get out and enjoy the crisp air and the beautiful colors as winter isn't to far off !
" Autumn is a second Spring when every leaf is a flower " ~ Albert Camus ~
Posted by Donna C at 7:35 PM 2 comments: Links to this post
Subscribe to: Posts (Atom)


text:
We are now over six weeks on from the result of the EU referendum and are still no clearer what the United Kingdom's exit will mean for our future trading relationship with Europe – and therefore what the impact will be for SMEs in the North East. After the initial turbulence in capital and currency markets things have settled down, although the Pound continues to struggle against the Dollar and Euro. With so much uncertainty until an exit deal starts to materialise, we may well see some market volatility over the next 12 months at least.
The decision to exit the EU may have an impact on funding available for businesses. In the short term, the recent interest rate reduction may mean that some business owners think they may have access to cheaper bank lending, however the unprecedented period of low interest rates we have seen for the last seven years means it is unlikely the recent cut will have any material impact on business lending.
The EU has played a significant part in the North East SME funding landscape over recent years. This is currently through the Finance for Business North East funds that supported many businesses from 2010 to 2012, when bank finance was almost non-existent. Since then the seven funds have continued to be a major source of capital for North East business. These funds are underpinned by EU funding – from ERDF and the European Investment Bank – as will be the planned successor funds colloquially known as JEREMIE 2.
Current indications are that JEREMIE 2 will still be delivered in the North East LEP area (with Tees Valley being part of the British Business Bank Northern Powerhouse fund). However it is possible that the referendum result could impact on the life of these funds.
It's definitely not all doom and gloom though, as funding is available to SME businesses to support growth. The Finance for Business North East fund managers have a £17m extension available in the North East for 2016 which they are well on with investing, and there have been recent announcements by Business Durham about their plans for a £20m investment fund to launch in 2017. The next few months should also see more information becoming available on JEREMIE 2 and the Northern Powerhouse funds.
If you are considering looking for funding for your business, it is more important than ever to seek advice. Tait Walker are hosting two seminars on funding after Brexit, in September. Please contact Kirsty Ramsey to express interest in attending.


text:
Google Makes Its Austin Fiber Plans Official: Texas City Will Be Connected By Mid-2014April 9th, 2013
Google has finally made it official: Austin will be the second city, after Kansas City, for Google Fiber, its high-speed broadband Gigabit internet and TV service. The news, made at an announcement in Austin just now, comes after three years of campaigning by the city. The aim is for the first homes in Austin to be connected by … Read more


text:
Ah social media. It is the very fiber of our being nowadays. Even the people who claim to be against it are using some form of it; posting things from the internet to Tumblr pages, Pinning recipes to Pinterest. It's all connected, everyone just has there preferred methods. I am not up on all of the latest trends in tech and media, but I'm not so in the dark that I pretend "it's just not my thing." Last summer, while I was in LA, I rediscovered Twitter as a far more interesting social media platform than Facebook. I had found a place to put all of those comical thoughts that come to me when no one is around. Almost like a friend that may or may not be paying close attention to what you're drunkenly babbling about. Then I let my Tweeting fade away into nothing but the occasional Instagram shot, for my comedic voice seemed to have been lost to the perils of not giving a fuck. About anything. It was a terrible time of absolute boredom to which I am making a slow comeback.
So now I find myself at a fork in my social media road. I have one Twitter, to which I post new listings on occasion for my photography, and my sarcastic comedic thoughts. But should these two be separate? The social media of business would say that I should keep business and leisure separate. But that would require TWO accounts. I am a lazy individual and I do not want to be bothered with this nonsense of keeping up two different profiles. I feel like my personality should be a part of the experience. Maybe, kind of, a little bit. For the here and now, let's just assume this can work: being offensive and selling things.
BTW: to follow me on Twitter or Instagram, Bethanie_m.


text:
On the world stage: Gordon Bennett - Art Collector
|Issue 63, January - March 2013
|This profile appeared in the On the world stage feature, part of the annual special issue 50 Things Collectors Need to Know 2013.
|Gordon Bennett, Abstraction (Townie), 2012. Synthetic polymer paint on canvas, 182.5 x 152cm. Courtesy: the artist and Milani Gallery, Brisbane
|Gordon Bennett does not travel well but his work does. He did travel overseas a few times in the 1990s, following his work to Europe, Japan and the United States, but has resisted overseas travel in the past decade. Perhaps this is why he is so prolific. His studio is at home and he rarely travels except for his own openings. However, his inclusion in 2012 in Documenta and a retrospective of his work at AAMU – the museum of contemporary Aboriginal art at Utrecht in The Netherlands – were too big for him to miss. I accompanied him to both venues and four months later was back at AAMU to deliver a public lecture on his art.
The AAMU is the only contemporary art museum in Europe, indeed the world, to be wholly committed to collecting Australian Aboriginal art. It also has an exciting agenda. Since his appointment as chief curator to AAMU in 2005, Georges Petitjean – whom many Australians in the field of Aboriginal art know well – has worked hard to widen the general European understanding of Aboriginal art. Petitjean began by inviting Brook Andrew to deconstruct the museum and the idea of Aboriginal art in what became a very controversial exhibition. Since then Petitjean has developed a series of exhibitions that embed Indigenous issues in the contemporary art world, with a particular mission to open dialogues between it and the local Dutch experiences of contemporary art. Bennett's conversations with Mondrian made him an obvious target of Petitjean's curatorial eye.
Like Andrew, Bennett only agreed to the exhibition because of Petitjean's approach. Over 40 of Bennett's works, from his earliest to most recent, were included in the exhibition, which ran from September to December. I was surprised at the number of people who attended the opening. The gallery was overflowing.
Petitjean is very happy with the local reception of the exhibition, which has received exceptional press coverage. The exhibition averaged over 2,000 visitors per month. This is not surprising as Bennett's art is visually compelling, intellectually challenging and packs a strong emotional punch. As Petitjean has said, its appeal is universal.
It is too early to judge the impact of this European tour on Bennett and his work. Documenta was particularly exciting, not just because of the large international exposure it provided but also because of the range of artists and art that could be seen there. He and Jimmie Durham (who was also included in Documenta last year) were very pleased to meet again, having last met some 20 years ago in London. They have since been discussing the possibility of a group show in a few years time both in Australia and overseas.
Ian McLean


text:
Last night, even knowing I needed to go to sleep, I snuck off to my crafty space to make a card using the Colour Q colors. Hee hee. I wanted to monkey around with my PTI Round Repeats stamp set.
I played around with a few variations before I ended with this one. I'm not in love with it, but it was the best version and I like how it has a somewhat "folksy" feel to it. Different for me, so that was the fun part.
I used PTI's Simply Chartreuse along with CTMH Cocoa, Sunset, and Crystal Blue. The sentiment is stamped from CTMH's Card Chatter - Birthday. I matted the panel in a matching orange cardstock (scraps of another company) and used a Bazzill green for the card base. It all came together well and I was pleased with how my colors worked out. (Love to use up scraps!)
Thanks for stopping by to visit! Pin It


text:
The "elephant" that was in the room of my story, the one that blocked my life force and was slowly killing me through alcohol and anxiety disorders is the elephant of childhood sexual abuse. If you've got an elephant in your story, you may find value in these videos, in the healing steps I outline below and in our online community The Elephant Heard.
Q+A with a Psychologist
Interview with a Thriver
Why I do this work
Looking at my own healing journey and of the beautiful souls that I've had the honor to coach 1 on 1, I've seen six important steps in the healing process.
1: Waking up out of denial.
2: Speaking up. We need to tell someone what happened. Our elephant needs to be heard.
3: Learn and practice tools to deactivate our nervous system's triggers and PTSD.
4: Assess the trauma and losses so that we can heal them. We can connect the dots through journaling or with a therapist or coach.
5: Next we need to feel - for some of us this means learning how to feel. Grieving our losses from the trauma is a necessary step in the recovery process.
6: Believe! We thrive in empowered lives by radically accepting ourselves, whole heartedly loving ourselves and through believing in ourselves.
Start NOW! You can join us in our private Facebook group here The Elephant Heard. Feel free to introduce yourself, share a bit of your story if you feel comfortable (let your elephant be heard!), share what's worked for you on your healing journey or inspire us.
Time to RISE UP together!
I'd love to meet you! Invite me to speak at your school, sorority house, local women's shelter, start-up, corporation, radio station, rehab or sober living house, podcast, retreat, wellness center, community center...


text: Executive Summary Section Content 1Michelle is an associate in the Insurance and Tort Liability group in the Calgary office. She practises in the areas of insurance and tort liability, general civil litigation and health law. Michelle acts primarily in insurance defence matters with respect to fires, floods, product liability, and automobile accidents. Publications & Presentations Section Content 3Presenter, "Chronic Pain in Alberta — Where we have been, where we are and where we are going," BLG client presentation to insurance adjusters, July 2016 (with the Insurance and Tort Liability group). Page Content


text:
Zendo Etiquette
Many people ask about zendo customs at Twining Vines. Here are some guidelines to help you feel comfortable, whether on your first visit or later on. By practicing together using a common set of forms, we provide a harmonious external setting to support and reflect our internal practice of mindful attention, our awareness that we are a community, and a safe place in which to notice the ego arising and awaken to clear, spacious mind.
Our aim is to avoid dressing or acting in a way that is distracting to others.
Modest, covering shoulders and legs
Neutral and subdued in color and pattern
Comfortable and loose
Leave shoes outside the door
Hats and caps are not worn in the zendo
Please be on time: this means being settled in your seat before the Han begins, i.e. 10 minutes before the starting time listed on the schedule.
Turn off cell phones and/or any electronic devices
Avoid wearing scents
Avoid distracting jewelry and watches
Handle zendo objects with respect; do not move cushions/mats with your feet.
Sit upright during discussions or Dharma talks, feet tucked under or in zazen position; if you feel it will be difficult to maintain this posture, please consider moving to a chair.
Please plan to sit for the entire schedule for that evening/morning. If there is a class/discussion on Saturday at 10, it is OK to leave before the break and not stay for it; however we ask you not to come just for a class/discussion at 10--these dialogues arise out of our zazen mind.
Once the candles are lit, we maintain silence in the zendo, and do not look around, but turn our attention inward. This contributes both to our own peace and harmony and that of our fellow sangha members.
When entering the zendo please bow in gassho by raising your hands in front of your chin with the palms together, the tips of your fingers at about the level of your nose. When you arrive at your place, bow to your seat. The people on either side of you may return your bow. Then turn and face in the opposite direction and bow to the community. If we are facing each other during that period the person directly across from you and his/her neighbors may return your bow. If you come into the zendo after the zazen period has formally begun, perform your bows, but others will remain in their practice and will not return them.
Try to fill seats in the front of the room first. Arrange your seating so that you can sit comfortably with a straight back without moving for the duration of a sitting period (25-30 minutes.)
If you arrive late:
Enter with a zazen mind and take a seat as unobtrusively as possible
If the zendo is being formally opened, wait at the entrance until the third bell before taking a seat as usual
If there is only a minute or two before the end of the period, please wait upstairs (or outside the zendo at Old Greenwich) till the period ends.
Dokusan means "going to the teacher." It is an opportunity for us to discuss our spiritual practice and how it is integrated into our lives. All are welcome and this does not imply a formal commitment to the teacher. Please sign up on the pad or speak with the teacher about setting up a time.
Dana means "generosity." This is a way in which we can contribute out of our gratitude for the practice. There are no membership requirements for sitting at Twining Vines Sangha, and all are welcome at all times and for all events. We welcome contributions of service to the community, and also monetary donations in order to pay rent for our space and keep the sangha activities going. There is also a box in Purchase for donations to the teachers. Buddhist teachers receive no salary but continue the ancient monastic tradition of freely offering the teachings. Your contributions help them to lead a life devoted to teaching the Dharma and to take time for their own practice, ensuring that their teachings are continually enriched.
Again, these guidelines are offered not to shame or embarrass anyone; there will never be any harsh corrections if they are not followed! Our practice is to observe our reactions and habits of mind with presence and attention, and in a safe and harmonious environment. The zendo traditions provide us with a context in which we are willing to make mistakes and become aware of how we respond to these issues in our minds and actions--this way we cultivate a mind of compassion toward ourselves and others.


text:
What does a living room mean to you? A place to spend time with family and guest or a warm place or a room to welcome the guest or a place that displays your interests and taste. I think it should be the combination of all , feeling plus your taste.
Apart from living room furniture, all that wall art and expensive decor items, color can bring out all you want instantly. Here we are going to discuss some of the best living room color schemes. Hope you will like these and these color schemes will help you in painting your room.
Turquoise + Jade Green + Yellow Green
If you are a person who wants to live in sophistication then this combination will suite your taste. All these colors are neither too bright nor too dull and mix each other very well. You can use three colors on different things in the living room. Put jade green on walls, hang turquoise curtain and use yellow green in the living room furnishing items.
All Shades of Brown
May be sounding bit boring but actually this color scheme for living room works very well. All you have to do is to take care not of overdoing any particular tone of the brown shade. Keep in mind the end result you want to create with this color. Do you want dark color scheme for living room or bright and light.
All images are taken from Google Image Search without any intention of using these for profit purposes. Kindly contact me at my email for the removal of the same.
Green and Light Yellow
If you like bright colors then this color combination for living room is made for you. You can give one wall a yellow color and the rest green. Moreover green is the color that gives rest to your eyes and yellow gives you the required energy and freshness. This combination of colors for living room is best for the winters and warm also.
Blue and Brown Colors for Living Room
Have you though about these colors for living room. I would say use this cooler side of blue and brown color combination in summer as both are very cool colors. But on the other hand you can ue bit bright blue for winters though the overall impact will be cool. But if you want to go with this color combination for living room then use blue and use brown color for furnishing.
Dark Grey and Purple
If you want to give living room a sophisticated look then use the combination of dark grey and purple.


text:
Clerk John Turner thought only of winning a bet when he switched places with his friend, Lord Edward Granville, at a country house party. But while posing as a lord, he fell for a lady—the Countess Letitia! Now she's learned the truth, and he must win her back as plain John Turner. He'd better hope that love truly conquers all...
Lady Letty was publicly humiliated when it came out that she had fallen for the man, not the master. When she meets him again, she's determined to avoid him, but some things are too intoxicating to be denied. Letty knows what choice she must make to survive, but if she turns her back on her dashing rogue—again—will she lose her chance at love forever?
Kate Noble is the national bestselling, RITA-nominated author of historical romances, including the acclaimed Blue Raven series and the Winner Takes All series. Her books have earned her numerous accolades, including comparisons to Jane Austen, which just makes her giddy. In her other life as Kate Rorick, she is an Emmy-award winning writer of television and web series, having written for NBC, FOX, and TNT, as well as the international hit YouTube series The Lizzie Bennet Diaries. Kate lives in Los Angeles with her husband and son, and is hard at work on her next book. You can find Kate online at KateNoble.com.
Twists, Turns, and the Characters will keep you reading this gem! I really loved how the author cut out a lot of characters as in book one there were a lot to follow. However, she did a great job with it. This one will give you a lesson in nobility and class in a time when it wasn't proper to talk about romance in polite company let alone in public. This is a slow burn of a romance book that you will fall in love with! Its Swoon Worthy times 10!
Go Into This One Knowing
"All opinions are 100% honest and my own."
a Rafflecopter giveaway
Disclaimer: Thanks to Goodreads and Amazon for the book cover, about the book, and author information. If you can not see the link above you will need to turn off your spam blocker. Buying via these above links allows my site to get a % of the sale at no cost to you. This money gets used to buy items for giveaways.


text:
You are here
Hon. Susan Y. Illston
Judge Illston was appointed to the United States District Court for the Northern District of California in 1995. Before joining the bench, she was a partner in the law firm of Cotchett, Illston & Pitre, in Burlingame, CA, specializing in civil litigation practice with emphasis on commercial litigation. Judge Illston is a member of various professional organizations, including the American College of Trial Lawyers and the American Board of Trial Advocates, and has also lectured and authored numerous articles. She received her B.A. at Duke University in 1970 and her J.D. at Stanford in 1973. Judge Illston is serving as a Judicial Advisor for The Sedona Conference's Working Group 9 on Patent Damages and Remedies (WG9) and Working Group 10 on Patent Litigation Best Practices (WG10) Steering Committee.


text:
The Klein Law Firm announces that a class action complaint has been filed on behalf of shareholders of Kulicke and Soffa Industries, Inc. (KLIC) who purchased shares between November 16, 2017 and May 10, 2018. The action, which was filed in the United States District Court for the Central District of California, alleges that the Company violated federal securities laws.
In particular, the complaint alleges that throughout the Class Period, defendants made materially false and/or misleading statements and/or failed to disclose that (1) Kulicke and Soffa Industries, Inc.'s consolidated financial statements for the fiscal year ending September 30, 2017 could no longer be relied upon due to misstated warranty accruals; and (2) as a result, Defendants' public statements were materially false and misleading at all relevant times. On May 10, 2018, Kulicke and Soffa issued a press release disclosing it will not file its Quarterly Report on Form 10-Q with the U.S. Securities and Exchange Commission in a timely manner. The Company stated it had "learned of certain unauthorized transactions by a senior finance employee of the Company" and begun an investigation with the assistance of outside advisors. Kulicke and Soffa has also discovered "that certain warranty accruals in prior periods had been accounted for incorrectly and therefore misstated."
Shareholders have until July 10, 2018 to petition the court for lead plaintiff status. Your ability to share in any recovery does not require that you serve as lead plaintiff. You may choose to be an absent class member.
If you suffered a loss during the class period and wish to obtain additional information, please contact Joseph Klein, Esq. by telephone at 212-616-4899 or visit http://www.kleinstocklaw.com/pslra-c/kulicke-and-soffa-industries-inc-2?wire=2.
Joseph Klein, Esq. represents investors and participates in securities litigations involving financial fraud throughout the nation. Attorney advertising. Prior results do not guarantee similar outcomes.
View source version on businesswire.com: https://www.businesswire.com/news/home/20180606006027/en/


text:
Access our guidance and tools for you to use in your business
Download our industry reports for the latest on issues facing manufacturers
Browse our library of media, news and insights
Contact our press team
Already registered?
Not yet registered?
Search entire site
Search Business Support only
In this section:
Job Title
Health, Safety and Sustainability Area Coordinator
0808 168 5874


text:
Your browser does not support iframes.
'Jinny's Branch' exists no more, at least in signage.
As of Aug. 9, signs at a bridge on N.C. 179 previously designating "Jinny's Branch" have been replaced with new ones marking "Sauce Pan Creek."
Katie Hite, traffic engineer for NCDOT Division 3, said her department was notified by Brunswick County that the official naming of that water feature had been revised.
"Therefore, we changed to be in accordance with that," Hite said last week.
The Brunswick County Animal Shelter will continue to suspend its Saturday operating hours, despite the offer of a nonprofit animal rescue group to provide volunteers.
Members of Rescue Animals Community Effort (RACE) submitted a written proposal last month to David Stanley, director of the Brunswick County Health Department.
The proposal, described by RACE founder and organizer Cheri McLain as a "fiscally neutral mitigation," was for RACE volunteers to staff the animal shelter from 10 a.m.-2 p.m. Saturdays free of charge to the county.
BOLIVIA—Brunswick County Commissioners on Monday agreed to shell out $112,500 to fund their portion of a $450,000 dredging project for the Lockwood Folly Inlet.
The county's share was contingent upon the towns of Oak Island and Holden Beach each agreeing to appropriate $56,200 for their share of the project.
Oak Island Mayor Betty Wallace and Holden Beach Town Manager David Hewett both said their town councils had agreed to commit the funds, and asked commissioners to approve their share as well.
Brunswick County Schools start times
Elementary schools: 7:45 a.m.- 2:50 p.m.
Middle schools: 8:50 a.m.- 3:55 p.m.
High schools: 8:55 a.m.- 3:50 p.m.
For more information on school start times and bus pick-up times, visit www.bcswan.net.
It's that time of the year again—back-to-school-time.
RALEIGH—Officials with the North Carolina Human Relations Commission have found no evidence Brunswick County engaged in discriminatory practices regarding residents of the Shingle Tree Acres community near Carolina Shores.
The commission has dismissed the matter.
RALEIGH—As the battle over administrative traffic court continues to wage between District Attorney Jon David and Chief District Judge Jerry Jolly, the next venue will be in front of the North Carolina Supreme Court.
State Supreme Court justices will hear the matter Tuesday, Oct. 18, in Raleigh.
David recently said he has had "very little communication with Judge Jolly on that issue," regarding traffic court, when Jolly issued an administrative order halting the court.
Columnist's note: This column is meant to be a tongue-in-cheek analysis of the 2012 GOP presidential field. I know it's tempting to accuse, but this column does not mean the author hates Republicans, women, Texans, Mormons or Ron Paul.
One is a Texas governor with a familiar twang a la president "Dub-ya," the other a successful, attractive woman with a certain folksiness that belies a shrewd political awareness.
Brunswick County Sheriff's deputies investigated the following incidents last week, which are taken directly from sheriff's office incident reports:
•Assault with a deadly weapon on Percy Place in Supply; suspect cut victim with a pocketknife.
•Simple assault on King Road in Leland; suspect hit and scratched victim.
•Larceny on Holden Beach Road in Supply; suspect stole a beach bag from victim's store.
•Larceny on White Sands Drive in Supply; suspect stole an Xbox from victim's residence.
Brunswick County Commissioners Chairman Bill Sue on Monday was presented with the state's highest civilian honor as he was inducted into the Order of the Long Leaf Pine.
A surprise to Sue, the honor was presented by state Rep. Frank Iler.. State Sen. Bill Rabon was also on hand for the event. He presented Sue with a North Carolina flag that once flew over the capital building in Raleigh.
The ACE Team is a support unit whose primary functions are traffic enforcement and assisting in the apprehension of drug traffickers in the county.
From Aug. 8-14, ACE deputies issued 91 total arrests and citations, including three driving while impaired charges, four driving while license revoked charges, 21 no operator's license citations and 17 speed violations.
The following suspects were charged:
Copyright © 2019
The Brunswick Beacon is your source for local news, sports, events and information in Brunswick County, North Carolina and surrounding areas.


text:
New Technology Could Affect Bitcoin and Blockchain?
Cryptocurrency is moving so fast it's tough for us to keep up with all the news. Are you staring to see how all these new ICO's are coming out and crazy tech companies?
M-alish is here to help you understand.
Just How Quantum Computing Might Impact Bitcoin And Blockchain Value?
If you are planning to build up your riches profile or earn some extra money, Bitcoin is an exceptional choice for aiding you do precisely that. Usually, mining as well as investing in all that cryptocurrency is exactly what most people consider when it comes gaining through Bitcoin, but that not the only avenue. Today, there are quite a number of methods anybody could utilize to make some money using the world's initial decentralized cryptocurrency. Yet there is only one worry– the development of modern technology that could lead to development of quantum computer systems.
Should you Worry about Quantum Computer?
In a lot of ways no. There are really good mining companies like USI Tech that are going against the grain with mining facilities. Tech will always be the case and you have to change with everything.
Quantum computing, when completely developed, could someday far exceed the processing power of the present timeless computer systems. This is a large fear for some cryptographers as well as Bitcoin individuals across the globe. Nevertheless, Google's quantum computer expert, John Martinis thinks or else, and also this could place the minds of many Bitcoin customers secure.
Martinis thinks that it can take years to or perhaps much more to construct a quantum computer. He described that qubits (quantum bits) are rather unstable and that produces added migraine for physicists working to solve the trouble.
Damaging the Public Key Cryptography
The main concern for cryptographers is that if scientists mange to build quantum computers that outperforms today's timeless computers, as a result of Shor's algorithm, the computer systems could break the RSA encryption– a durable device used by Blockchain to secure data transmission across the Web. Additionally, quantum computer could damage digital signatures used by Bitcoin and also other cryptocurrencies, and that's something to bother with. Hackers can easily forge purchases or take coins from various other users.
Bitcoin Still rising
Despite of all these, if you carefully comply with economic information, you most likely know that Bitcoin is, again, increasing. As usual, since its recent highs, Bitcoin has woken up the interest of speculators, regulators, and also the media. Bitcoin's regulative atmosphere, in addition to track record, have actually taken a positive turn and also speculators all over the world are making significant investments on the cryptocurrency.
Would you want to make some cash money on the side by leveraging the globe's most popular cryptocurrency or at the very least, become part of the Bitcoin community? If your solution to this concern is of course, we have actually obtained some good information for you. Right here are a couple of pointers and also techniques to assist you make some money with Bitcoin.
Mine Your Personal Wealth: Bitcoin Mining
Mining Bitcoins is not advised for novices; it's an intricate process that needs a great deal of understanding and competence. Basically, Bitcoin miners permit the cryptocurrency to operate as well as in exchange, they are rewarded with cost-free Bitcoins. Mining entails using pricey makers that take in a great deal of power to fix mathematical formula. For every formula fixed, the miner gets a certain quantity of Bitcoin. You could install stimulate to protect your sources.
Other noteworthy methods of gaining money via Bitcoins include day-trading Bitcoin for profit, completing microtasks, purchasing and holding Bitcoins, borrowing, etc. This isn't really an extensive checklist, there are other methods however stated happen to be the simplest as well as most common. If you are new, the first two techniques are your best bet.
Opening Up A Bitcoin Purse
Opening a Bitcoin pocketbook is the first and also the most basic action to making money via Bitcoin. You require a place to store, send, and also get Bitcoins from various other celebrations, and that's exactly just what a Bitcoin wallet helps you out with. All your Bitcoin transactions occur in the purse, which you can still make use of to set up your entirely anonymous Bitcoin address. There are numerous Bitcoin pocketbook providers, make sure that you choose a respectable and also a trusted solution.
Build a Bitcoin Tap
Structure handling a Bitcoin tap is among the most efficient– but often overlooked– ways of making money through Bitcoin. Running your personal tap could make you anywhere in between $50 and $800 a month. Running a Bitcoin faucet is very simple, all you have to do fill in some studies, enjoy some videos, play a couple of games, mount applications, click ads, etc
It's ideal to start things out with a Bitcoin tap before you advance to far better, bigger, and also extra complicated methods to making using Bitcoin. If you are motivated, you can land some good incomes with a faucet, as well as it's complimentary– always remember that. The best feature of Bitcoin is that you could even include profits in your retirement using a self-directed Individual Retirement Account which accepts cryptocurrency financial investments such as Bitcoin.


text:
No. 05-61
In the Supreme Court of the United States
Solicitor General
Counsel of Record
Department of Justice
Washington, D.C. 20530-0001
(202) 514-2217
Solicitor of Labor
Associate Deputy Solicitor
Senior Counselor
Department of Labor
Washington, D.C. 20210
Whether the court of appeals was correct to hold that petitioner's counsel was not entitled to an attorney's fee under Section 28(b) of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 928(b), because the district director did not hold an informal conference or issue a written recommendation on the supplemental claim.
In the Supreme Court of the United States
No. 05-61
The opinion of the court of appeals (Pet. App. 3-16) is reported at 398 F.3d 313. The Benefits Review Board's order on motion for reconsideration (Pet. App. 17-21) and initial decision (Pet. App. 22-30), as well as the ini tial decision of the administrative law judge (Pet. App. 31-34), are unreported.
The judgment of the court of appeals was entered on February 16, 2005. A petition for rehearing was denied on April 14, 2005 (Pet. App. 1-2). The petition for a writ of certiorari was filed on July 5, 2005. The jurisdiction of this Court is invoked under 28 U.S.C. 1254(1).
1. The Longshore and Harbor Workers' Compensa tion Act (LHWCA or Act), 33 U.S.C. 901 et seq., pro vides for two situations in which a claimant may recover from the employer "a reasonable attorney's fee" follow ing successful prosecution of his or her claim. 33 U.S.C. 928. First, a fee award is authorized when the employer declines to pay any compensation within 30 days of re ceiving written notice of the filing of a claim for compen sation and the claimant successfully prosecutes the claim with the help of an attorney. 33 U.S.C. 928(a). Second, a fee award may be authorized in certain cir cumstances when the employer pays compensation with out an award and a controversy develops over the amount, if any, of additional compensation due. 33 U.S.C. 928(b). In that situation, the LHWCA instructs the deputy commissioner to set the matter for an infor mal conference and to recommend in writing a disposi tion of the controversy.1 If the employer refuses to ac cept the written recommendation, it must pay within 14 days any additional compensation to which it believes the claimant is entitled. If the claimant refuses to ac cept the payment and, with the help of an attorney, is awarded compensation in excess of the amount offered by the employer, the claimant is entitled to a reasonable attorney's fee based on the difference between the amount awarded and the amount tendered. 33 U.S.C. 928(b).
2. On February 22, 2002, petitioner Benny R. Ed wards was injured while working as an employee of re spondent Virginia International Terminals, Inc. (VIT). Pet. App. 4. On February 28, 2002, he filed a claim for benefits under the LHWCA. Ibid. VIT filed a "Pay ment of Compensation Without Award" form with the Office of Workers' Compensation Programs (OWCP) on March 18, 2002, and voluntarily paid temporary disabil ity benefits to petitioner for the period from February 26, 2002, until March 31, 2002, when it terminated pay ments because petitioner had been cleared to work. Id. at 5.
On July 23, 2002, petitioner requested additional benefits for the period from February 23 through 25, 2002, and asked for an informal conference to resolve the request. Pet. App. 5, 24.2 By letter dated August 1, 2002, the district director requested supporting medical evidence from petitioner. Ibid. Petitioner refused and asked for a formal adjudication. On August 22, 2002, the district director forwarded the case to the administra tive law judge (ALJ) without a written recommendation. Id. at 6, 24-25. On August 27, 2002, however, VIT paid the claimant benefits for the three contested days. Id. at 6, 25. The ALJ subsequently terminated the proceed ing because the dispute had been resolved. Id. at 25, 32.
3. Petitioner's counsel requested an attorney's fee in the amount of $117 for work performed between August 26, 2002, and September 23, 2002, before the ALJ. Pet. App. 6, 25, 32. VIT objected on the ground that the dis trict director had not held an informal conference as required by 33 U.S.C. 928(b). Pet. App. 6, 25, 32. The ALJ agreed, finding that VIT was not liable for peti tioner's attorney's fees under Section 28(b) of the Act, 33 U.S.C. 928(b), because no informal conference had been held and the district director had never made a written recommendation. Pet. App. 31-34.
4. The Benefits Review Board (BRB) reversed, find ing VIT liable for attorney's fees under Section 28(a) without reaching the issue of Section 28(b) liability.3 It based its decision on a Fifth Circuit decision holding that an employer's prior voluntary payment should not preclude liability for attorney's fees under Section 28(a). Pet. App. 27-29 (discussing Pool Co. v. Cooper, 274 F.3d 173 (5th Cir. 2001)).4 Reciting the facts of this case, the BRB reasoned that "claimant successfully prosecuted his claim before the administrative law judge" and therefore was entitled to attorney's fees under Section 28(a). Id. at 29. The BRB remanded the case to the ALJ to determine the fees due. Ibid.
On VIT's request for reconsideration, the BRB va cated the portion of its decision remanding the case to the ALJ and awarded petitioner $117 in fees under Sec tion 28(a) for counsel's work before the ALJ and, addi tionally, $1581 for counsel's work on the appeal. Pet. App. 17-21.
5. On February 16, 2005, the court of appeals re versed the BRB's decision on the ground that neither of the Act's fee-shifting provisions authorized an award of attorney's fees under the specific facts of this case. Pet. App. 3-16.
The court reasoned that Section 28(a) by its terms applies only when the employer has refused to pay "any compensation." Pet. App. 9 (quoting 33 U.S.C. 928(a)). According to the court, the phrase "filing a claim" in Section 28(a) "refers to a formal action that initiates a legal proceeding, rather than an informal action that seeks to alter or amend a pre-existing settlement on a prior claim," so that, here, the informal request for "modification of the benefits received for the same in jury" did not meet the formal filing requirement of Sec tion 28(a). Id. at 10-11. Further, the court explained, adjacent statutory subsections that refer to the same subject matter must be read in pari materia, but con struing Section 28(a) as applicable to supplemental claims would render Section 28(b) superfluous. Id. at 11-12. Finally, the court distinguished the Fifth Cir cuit's decision in Pool on the ground that, although the employer in that case had voluntarily paid benefits, the employee had then filed a formal claim for benefits, af ter which the employer refused to pay any further com pensation. This, the court said, "unambiguously ful filled" Section 28(a)'s conditions for a formal claim fol lowed by a refusal to pay within 30 days of the claim. In contrast, the court reasoned, in this case "VIT volun tarily paid benefits within 30 days after [petitioner's] formal claim, thereby rendering [Section 28(a)] inappli cable." Id. at 12-13.
Turning to the second fee-shifting provision, the court noted that under the plain language of Section 28(b), attorney's fees may be awarded only when there has been an informal conference followed by a written recommendation that is rejected by the employer, and the employee thereafter achieves a greater award with the help of an attorney. Pet. App. 13-14. The failure to hold an informal conference or to issue a written recom mendation was therefore fatal to petitioner's claim for attorney's fees under Section 28(b). Id. at 14-16.
The court of appeals' decision regarding Section 28(b) of the Longshore and Harbor Workers' Compensa tion Act, 33 U.S.C. 928(b), is correct and does not con flict with any decision of this Court or any other court of appeals. Further review of petitioner's fact-bound claim is not warranted.5
1. At issue in this case is petitioner's entitlement to $117 in attorney's fees. Pet. 7; Pet. App. 32. The court of appeals correctly decided, however, that petitioner was not eligible for this fee award under Section 28(b).
Applying plain language analysis, the court of ap peals correctly concluded that the four conditions set forth in Section 28(b)-including holding an informal conference and issuing a written recommendation- must be fulfilled before an attorney's fee may be awarded. Pet. App. 13-15. On the facts of this case, moreover, the court reasonably concluded that those conditions were not satisfied in full. Id. at 14-16. Ac cordingly, the court properly concluded that petitioner was not eligible for an award of attorney's fees under Section 28(b).
2. Contrary to petitioner's principal contention (Pet. 10-15), the decision below does not clearly conflict with the decisions of the Ninth Circuit with respect to the question whether an informal conference and written recommendations are mandatory prerequisites to the award of attorney's fees under Section 28(b).6 In Na tional Steel & Shipbuilding Co. v. United States Dep't of Labor, 606 F.2d 875 (9th Cir. 1979), which is the pri mary basis for the claimed circuit conflict, the court af firmed an attorney's fee award when the district direc tor held an informal conference but did not issue a writ ten recommendation following the conference. Noting the congressional intent to limit attorney's fee awards to cases in which parties dispute the existence or extent of liability, the court stated, "[w]e do not believe that the statute contemplates the making of a written recommen dation by the deputy commissioner as a precondition to the imposition of liability for attorney's fees." Id. at 882 (discussing H.R. Rep. No. 1441, 92d Cong., 2d Sess. 3 (1972)). Further, the court reasoned that even if the "written recommendation" prerequisite was necessary, it was met, in that it was "evident" that the parties would have rejected any explicit recommendation be cause they had failed to reach an agreement at the infor mal conference, so that instead "[t]he recommendation following the informal conference * * * was for the matter to 'be referred'" for a formal ALJ hearing "'at the request of both parties.'" Ibid. (citation omitted). Under those circumstances, the court concluded that Section 28(b) provided the basis for an attorney's fee award.7
Unlike the parties in National Steel, petitioner and respondents did not participate in an informal confer ence, and thus the two cases do not squarely conflict. There is no way to predict how the Ninth Circuit would have decided National Steel had there not been an infor mal conference. If anything, the fact that the court re lied on the conduct of the parties at the conference as evidence that a written recommendation would have been rejected suggests that the informal conference was critical to the disposition of that case.8
Moreover, in Todd Shipyards Corp. v. Director, OWCP, 950 F.2d 607 (1991), a case expressly relied upon by the court of appeals below (Pet. App. 14), the Ninth Circuit subsequently distinguished National Steel and clarified the congressional intent behind Section 28 in a manner consistent with the Fourth Circuit's decision here. In that case, the only disputed issue following the informal conference was the claimant's entitlement to an attorney's fee for services rendered before the confer ence ended; the parties had reached an agreement at the informal conference on claimant's entitlement to disabil ity benefits. 950 F.2d at 608. The court held that a fee award was not authorized in those circumstances, be cause Section 28(b) authorizes an attorney's fee only when the record shows that, following an informal con ference, the employer refused to accept the written rec ommendation of the claims examiner. Id. at 610. The court distinguished the case from National Steel, in which the parties continued to dispute "liability on the amount of compensation to be paid after the informal conference." Id. at 611 (emphasis added). The court explained:
While we believe that the intent of Congress is clear from a plain reading of the words used in [Sec tion 28(b)], the legislative history explains unequivo cally the very limited scope of attorneys' fees awards under the statute.
"A new provision is added dealing with cases where payment of compensation is tendered and an unresolved controversy develops about the amount of additional compensation, despite the written recom mendation of the deputy commissioner. The provi sion directs an award of a reasonable attorney's fee . . . where the employer or carrier has refused to accept the recommendation. . . ." In all cases other than those specified above, attorneys' fees may not be assessed against the employer.
Id. at 610 (quoting H.R. Rep. No. 1441, supra, at 3). Not only does this explanation call into question the contin ued viability of National Steel's holding regarding the dispensability of the written-recommendation require ment, but the Ninth Circuit's analysis is completely con sistent with the reasoning of the Fourth Circuit below.
3. Petitioner's assertion (Pet. 15-16) that the deci sion below conflicts with the Fourth Circuit's prior un published decision in Newport News Shipbuilding & Dry Dock Co. v. Firth, No. 96-2547, 1998 WL 29255 (Jan. 28, 1998) (134 F.3d 363 (Table)), is incorrect and un deserving of this Court's review. Even if true, an intra- circuit conflict, and particularly one in which a published decision purportedly conflicts with an earlier, unpub lished decision, does not warrant this Court's review. See Davis v. United States, 417 U.S. 333, 340 (1974); Wisniewski v. United States, 353 U.S. 901, 902 (1957); cf. 4th Cir. R. 36(b) and (c). In any event, the footnote in Newport News upon which petitioner relies is dicta, because the court ultimately held that Section 28(b) "is inapplicable and does not provide a basis for the ALJ's initial fee award." Newport News, 1998 WL 29255, at *3.
The petition for a writ of certiorari should be denied.
Respectfully submitted.
Solicitor General
Solicitor of Labor
Associate Deputy Solicitor
Senior Counselor
1 Regulations promulgated by the Department of Labor use the term "[d]istrict [d]irector" in lieu of the statutory term "[d]eputy [c]ommissioner." See 20 C.F.R. 701.301(a)(7); 70 Fed. Reg. 43,233 (2005).
2 Petitioner also requested reimbursement for some medical ex penses, which VIT agreed to pay. Pet. App. 24.
3 The BRB consists of five members appointed by the Secretary who are "authorized to hear and determine appeals raising a substantial question of law or fact taken by any party in interest from decisions with respect to claims of employees under [the LHWCA]." 33 U.S.C. 921(b)(3).
4 In Pool, the employer voluntarily paid benefits before any claim was filed, but controverted a claim for additional benefits that was filed after the voluntary payments terminated. The case went before an ALJ who awarded the additional benefits. Pet. App. 28.
5 The petition does not challenge the court of appeals' decision denying attorney's fees under 33 U.S.C. 928(a). Accordingly, the Director expresses no view on whether the court correctly decided to reverse the BRB's holding that petitioner was entitled to attorney's fees under that provision.
6 In the question presented (Pet. i) and at various other points in the petition (at 8-9, 11, 18-20), petitioner frames the issue solely in terms of whether an informal conference is a prerequisite, but elsewhere (Pet. 10, 12, 14-17) he appears to give equal consideration to the decisions' treatment of whether a written recommendation is also a prerequisite.
7 Unlike in this case, National Steel proceeded to a formal hearing, after which the ALJ granted (and the BRB and appeals court affirmed) the higher compensation sought by the claimant. National Steel, 606 F.2d at 877-878.
8 Petitioner errs in relying (Pet. 13-14) on a footnote in an unpublished decision, Everitt v. Director, OWCP, 107 Fed. Appx. 750, 753 n.4 (9th Cir. 2004) (citing National Steel, 606 F.2d at 882). An unpublished decision does not establish binding circuit precedent. See 9th Cir. R. 36-3.


text:
Red lipstick is perhaps one of the sexiest looks you can create. Monroe was famous for the look, along with more current celebrities such as Gwen Stefani and Angelina Jolie. Truth is, you don't need to be famous to wear red, YES, it's scary and bold and can take some getting used to, but red is a color that looks great on everyone as long as you pick the right tone! Tone is very important in picking a red, of course you can go for the fire engine classic red color, OR you can look at tones and see what goes best with your complexion. The other important thing to remember when considering a red lip is that you don't want to wear too much additional makeup. Usually a black liner is all that is needed to complete the classic look. Some people are more bold and attempt a light smokey eye, but it really will need some experimenting! This is the look I created using two red lipstick colors and a simple black liquid liner :
On my lips I used two Wet n' Wild colors : #928 Fierce Wild Shine Lip Lacquer and #514 Cherry Frost Silk Finish Lipstick. I used a Revlon liquid liner pen to create a thin line above my upper lash line. In order to keep the lipstick from bleeding you should dab a pit of translucent powder on top. The lip colors were between .99 and $2.99 and look and feel great! Let me know if you have any questions!


text:
MONTEREY, Calif. — The BPSA has finalized the innovative program for the Bicycle Leadership Conference, April 14-16, 2015 at the Monterey Plaza Hotel and Spa. The theme for this year's BLC, Growing Our Market, underscores the cycling industry's efforts to increase sales and participation. Education sessions, speakers and presentations that fit this theme are driving attendance of the industry's top leadership.
The conference opens with a Keynote Address delivered by best-selling author and Innovation Instigator Stephen Shapiro. Opening the conference on the second and final day, Kevin Rutherford, President and CEO of Nuun and Company, will share his experience how the healthy lifestyle movement can fuel growth for the cycling industry.
In addition to two outstanding Keynote presentations, other topics include how the running market has increased customer engagement, the first full unveiling of the PeopleForBikes consumer research and an interactive panel presentation on Intellectual Property and protecting your brand.
The result of this far-reaching program: The industry's top leaders will be in attendance to network with each other and discuss challenges and solutions. Just a partial list of the over 200 attendees:
John Burke, Trek
Chris Speyer, Accell
Pat Cunnane, ASI
Elysa Walk, Giant
Pat Hus, Interbike
Tim Blumenthal, PeopleForBikes
Dave Pfeiffer, Shimano
Stan Day, SRAM
This is the one BLC you can't afford to miss! For additional details or to register now, please visit www.bicycleconference.com