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No. 91,5721
1. The admission of evidence lies within the sound discretion of the trial court.
2. When the appellate court reviews a constitutional challenge to the admission of evidence, it applies the federal constitutional rule, under which an error may not be held to be harmless unless the appellate court is willing to declare beyond a reasonable doubt the error had little, if any, likelihood of having changed the result of the trial.
3. A defendant's right to present relevant evidence is not unlimited, but rather is subject to reasonable restrictions.
4. As a means of ensuring reliable evidence, K.S.A. 60-456(a) limits lay witness opinion testimony to opinions which may be rationally based on the perception of the witness.
5. A lay witness may testify about the external appearances and manifest medical conditions that are readily apparent to anyone. However, a lay witness is not competent to provide reliable testimony about medical matters beyond the common knowledge of laypersons, or those that are not readily apparent such as medical diagnoses or the effects of a possible medical condition.
Appeal from Kiowa District Court; DANIEL L. LOVE, judge. Opinion filed February 18, 2005. Affirmed.
Michael S. Holland and Michael S. Holland II, of Holland and Holland, of Russell, for appellant.
Ernest H. Richardson, county attorney, and Phill Kline, attorney general, for appellee.
Before MARQUARDT, P.J., MALONE and CAPLINGER, JJ.
MARQUARDT, J.: Carl W. McFadden appeals his conviction for driving while under the influence (DUI). We affirm.
On the evening of July 15, 2002, between 9:30 and 10 p.m., Brandon Hosheit and Mark Mayes were riding motorcycles when Hosheit noticed a car (whose driver was later identified as McFadden) approaching from behind. Hosheit and Mayes were traveling 60 to 65 mph and were directly behind a semi-trailer truck. McFadden's vehicle was following them very closely. Hosheit and Mayes accelerated to between 75 and 80 mph to pass the semi. McFadden followed them as they passed the semi. As McFadden passed the motorcycles, he almost hit Hosheit. Hosheit estimated that McFadden's speed was between 85 to 100 mph.
McFadden reduced his speed as he approached the city of Cullison. Hosheit and Mayes followed McFadden. Hosheit noticed that McFadden crossed the center line at least 13 times. McFadden's car crossed into the oncoming lane twice. McFadden then crossed the center line, over-corrected, hit the rumble strip on the opposite side of the road, and slammed on his breaks before returning to his lane.
Hosheit believed that McFadden was impaired and on the verge of causing a serious traffic accident. He decided to continue to follow McFadden. McFadden continued his erratic driving as he approached the city of Haviland. Hosheit and Mayes decided to stop McFadden when they saw him pulling into the driveway of a co-op.
As Hosheit approached McFadden, he detected the odor of alcohol. McFadden had trouble balancing and leaned on his car door for support. When Hosheit and Mayes confronted McFadden about his driving, he denied having any problems.
Hosheit had previously served as a sheriff's deputy for Kiowa County and was familiar with the signs of an impaired person. Hosheit believed that McFadden was too impaired to drive safely. Hosheit used his cell phone to call the local sheriff's department and removed McFadden's keys from his car.
Deputy Mike Yohn arrived and observed that McFadden had trouble walking and keeping his balance, his speech was slurred, his eyes were bloodshot and glazed over, and Deputy Yohn detected the odor of alcohol. Deputy Yohn administered several field sobriety tests which McFadden performed poorly. Deputy Yohn placed McFadden under arrest. He read McFadden the implied consent advisory and also provided him with a written copy.
After McFadden consented to a blood test, Deputy Yohn searched McFadden's car and found bottles of beer on the front passenger floorboard, three of which were unopened, two of which were empty, and one of which was open.
McFadden was taken to the hospital where a registered nurse drew his blood at 11:20 p.m. Tests at the Kansas Bureau of Investigation laboratory indicated that McFadden had a blood alcohol level of .20.
McFadden admitted that he had three or four beers on his way home from Wichita. He had spent the day at a golf tournament in Wichita which lasted from 9 a.m. until 2 p.m. McFadden and two friends drank three six-packs of beer between them. After the tournament, Joel Lovesee and McFadden stayed in the clubhouse for a couple of hours and drank more beer before leaving around 6 p.m. McFadden drove Lovesee to Kechi. According to Lovesee, McFadden did not appear to have any problem driving safely. They arrived in Kechi at approximately 6:30 p.m. and McFadden left sometime between 7 and 8 p.m.
McFadden was charged with DUI and transporting an open container. McFadden reserved his opening statement until after the State concluded its case. During cross-examination of the State's witnesses, McFadden's counsel asked whether various medical conditions could make it appear an individual was intoxicated when they were not. The State's witnesses were also asked whether they were familiar with the drug Cortisol. During McFadden's opening statement, his counsel indicated that McFadden would testify about his medical condition, at which time the State objected and the following dialogue took place outside of the presence of the jury:
"MR. RICHARDSON [State's Attorney]: I'm also concerned with the intimations that there's some sort of medical condition that would result in the Cortisol thing. What the defense is trying to get the jury to believe is the medications he took affected the alcohol content and he does not have the witnesses to testify to that.
"MR. HOLLAND [McFadden's Attorney]: Mr. McFadden can testify about his own medical problems or conditions.
"THE COURT: No, he cannot unless he's a doctor.
"MR. HOLLAND: Yes, he can testify . . . what he believes it would be. He's entitled to do that.
"THE COURT: I don't believe he can talk about a medical malady he has that's been diagnosed by a physician.
"MR. HOLLAND: He can testify what believes [sic] he has as far as what his medical conditions are or are not. It's not like I 'm bringing in a third party. This is his own medical condition. Mr. Richardson can point out to the jury that it's not substantiated by a doctor or that person, that's his prerogative.
"THE COURT: You're not going to bring that in here, you understand that?
"MR. HOLLAND: We're going to proffer it then, write it on appeal and we'll come back down again.
. . . .
"THE COURT: All right. While we were up here you indicated to me, Mr. Holland, your client was going to talk about some type of medical condition that he has. I don't know what that is but I told you up here that he is not a physician as far as I know and I'm not going to allow him to talk about medical conditions, and furthermore, would not allow him to testify as to how a medical condition can affect him in this type of a situation, and you indicated you had something you wanted to proffer in reference to that.
"MR. HOLLAND: Yes, we wanted to make a proffer. Well, obviously I believe it's already on the record but we would object to the Court's ruling. I believe Mr. McFadden is entitled to testify as to the known medical condition he believes he has. It is different than expert testimony being asked to talk about some other person or some other thing. Mr. McFadden can testify as to what his beliefs are.
"THE COURT: And those are what?
. . . .
"MR. HOLLAND: His belief and after consulting numerous different individuals, labs, and research of his own which we were going to go through in detail with the jury which Your Honor has indicated we are not permitted to do, his ultimate conclusion is that he has what is called severe adrenaline deficiency. It takes place in episodes occasionally. It is similar to diabetes but not the same, that he has been prescribed and is taking a drug called Cortisol. . . .
. . . .
"MR. HOLLAND: . . . He takes that during these episodes and he has had subsequent episodes after July 15th, 2002, and it is his opinion this is what he was suffering from on July 15th, 2002, and what caused his apparent driving difficulties as testified to by the officers.
"THE COURT: I appreciate your proffer but my ruling in reference to the objection made by the County Attorney will stand.
. . . .
"MR. HOLLAND: Your Honor, after speaking with Mr. McFadden based upon your rulings, Mr. McFadden now believes he has nothing to gain and we'll only potentially harm his case by testifying without being able to give an explanation to the jury. . . . Mr. McFadden has decided not to testify . . . ."
A jury found McFadden guilty of DUI and transporting an open container. He timely appeals his conviction.
McFadden argues that by prohibiting him from testifying about his medical condition, the trial court violated his constitutional rights to testify on his own behalf and present a defense.
"The admission of evidence lies within the sound discretion of the trial court. [Citation omitted.] An appellate court's standard of review regarding a trial court's admission of evidence, subject to exclusionary rules, is abuse of discretion. Judicial discretion is abused when judicial action is arbitrary, fanciful, or unreasonable. If reasonable persons could differ as to the propriety of the action taken by the trial court, then it cannot be said that the trial court abused its discretion. One who asserts that the court abused its discretion bears the burden of showing such abuse of discretion. [Citation omitted.]" State v. Jenkins, 272 Kan. 1366, 1378, 39 P.3d 47 (2002).
When the appellate court reviews a constitutional challenge to the admission of evidence, it applies the federal constitutional rule, under which an error may not be held to be harmless unless the appellate court is willing to declare beyond a reasonable doubt the error had little, if any, likelihood of having changed the result of the trial. State v. Atkinson, 276 Kan. 920, 925, 80 P.3d 1143 (2003).
McFadden argues that even though the exclusion of evidence is typically reviewed using an abuse of discretion standard, his case "actually raises an 'abstract question of law' directly effecting [sic] the rules of evidence themselves." He argues, therefore, that this court should use a de novo standard of review.
The State points out that the cases cited by McFadden do little to support his argument. State v. Smallwood, 264 Kan. 69, 80, 955 P.2d 1209 (1998), supports the use of an abuse of discretion standard. Kuhn v. Sandoz Pharmaceuticals Corp., 270 Kan. 443, 456, 14 P.3d 1170 (2000), explains "'[l]ittle turns . . . on whether we label review of this particular question abuse of discretion or de novo, for an abuse-of-discretion standard does not mean a mistake of law is beyond appellate correction.'"
"A defendant's right to present relevant evidence is not unlimited, but rather is subject to reasonable restrictions. [Citations omitted.] A defendant's interest in presenting such evidence may thus '"bow to accommodate other legitimate interests in the criminal trial process."' [Citations omitted.] As a result, state and federal rulemakers have broad latitude under the Constitution to establish rules excluding evidence from criminal trials. Such rules do not abridge an accused's right to present a defense so long as they are not 'arbitrary' or 'disproportionate to the purposes they are designed to serve.' [Citations omitted.] Moreover, we have found the exclusion of evidence to be unconstitutionally arbitrary or disproportionate only where it has infringed upon a weighty interest of the accused. [Citations omitted.]" United States v. Scheffer, 523 U.S. 303, 308, 140 L. Ed. 2d 437, 118 S. Ct. 1261 (1998).
As a means of ensuring reliable evidence, K.S.A. 60-456(a) limits the opinion testimony given by lay witnesses to opinions which "may be rationally based on the perception of the witness." The statute limits opinion testimony offered by experts to opinions based on facts perceived by or personally known to the witness and "within the scope of the special knowledge, skill, experience or training possessed by the witness." K.S.A. 60-456(b).
In Kansas, a lay witness may testify about the external appearances and manifest medical conditions that are readily apparent to anyone. E.g., Hiatt v. Groce, 215 Kan. 14, 21, 523 P.2d 320 (1974). However, lay witnesses are not competent to provide reliable testimony about medical matters beyond the common knowledge of laypersons, or those that are not readily apparent such as medical diagnoses or the effects of possible medical conditions. Smith v. Prudential Ins. Co., 136 Kan. 120, 124, 12 P.2d 793 (1932).
McFadden's proffer of testimony about his medical condition goes beyond the common knowledge of laypersons. Even if a jury had heard about McFadden's medical condition and the fact that it could cause someone to be impaired, it would still not contradict the uncontroverted evidence that McFadden had a blood alcohol level of .20. The trial court had a legitimate interest in admitting only reliable evidence and did not abuse its discretion by prohibiting McFadden from testifying about his medical condition.
The trial court did not infringe upon McFadden's constitutional right to testify on his own behalf or present a defense. McFadden had the opportunity to offer factual testimony or to call an expert to offer medical testimony, but did not do so.
MALONE, J., concurring: I would find that the trial court erred in not allowing Carl W. McFadden to testify about his understanding of his own medical condition and how it may impair his driving ability. In this case, however, I believe the error was harmless. McFadden was convicted of alternative counts of driving under the influence of alcohol, including a per se violation of driving with a blood alcohol level exceeding .08. The uncontroverted evidence was that McFadden had a blood alcohol level of .20. The proffer of McFadden's testimony about his medical condition and how it may cause "driving difficulties" would not have contradicted the evidence that McFadden's blood alcohol level was over twice the legal limit. Therefore, I concur with the result reached in the majority opinion.
1REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish pursuant to Rule 7.04 (2004 Kan. Ct. R. Annot. 47). The published version was filed with the Clerk of the Appellate Courts on October 25, 2005.


text:
Latino Multicultural College Fair
Since the LMCF s inception in 2006, 5,539 Latino, Immigrant, Refugee and ESL youth have benefited from the Latino Multicultural College Fair s (LMCF) mission of providing access to information, educational opportunities and college preparation. The LMCF was created and is improved annually to encourage our youth to never stop acting on their dreams by challenging them in a culturally and linguistically relevant environment to plan for their futures.
2014 Host Institution Application: If your college/university would like to host the 2014 Latino Multicultural College Fair, please complete the host institution application.
Past LMCF Hosts include:
Information for Middle and High School groups who want to attend the LMCF in Fall 2014 will be made available soon. Questions? Please contact the Latino Outreach Office at 859.246.6436.

subset: commoncrawl


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Finance & Development, September 1986
- World Development Report 1986: Trade and pricing policies in world agriculture: The need to reform policies in developed and developing countries
- Macroeconomic policies and agricultural performance in developing countries: How macroeconomic policies can hinder agriculture
- IMF-World Bank collaboration: Complementary actions for adjustment and growth in LDCs
- International monetary issues: Credibility and viability in international monetary arrangements: Guest article
- Allocation of SDRs linked to reserve needs: A new proposal
- World Bank roles: The emerging role of the Bank in heavily indebted countries: More financing, greater participation in adjustment efforts
- The World Bank and poverty in the 1980s: Has the Bank wavered in its commitment?
- Evolution of the European Community
- The framework and practice of Islamic banking: An introduction and explanation
- Aid coordination: a recipient's perspective: The view from Togo
- Pegging to a currency basket: The why and how of pegging under floating exchange rates
- Urban transport in LDCs: Growing cities, growing problems. What are the solutions?
- Books
- Letters
Allocation of SDRs linked to reserve needs: A new proposal
- International Monetary Fund. External Relations Dept.
- Published Date:
- September 1986
Show Summary Details
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Hello Friday!
I didn't think this day was ever going to arrive...ugh!
Talk about a crazy busy week!
Today I'm in Regina, Saskatchewan and home late tonight.
Looking forward to getting inky this weekend!
I haven't stamped much in the past week but luckily I have this card from last week's Deconstructed Sketch to share today.....
Stamps: MFT; Cardstock: White, Lemon Tart, DP; Inks: Memento Black; Accessories: Copics, MFT dies, Circle Nesties, White Candy Dots, Sewing, Dimensionals
Thanks for stopping by today!


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Tips on How to Buy Luggage
Big Cheese Photo/Corbis
If you haven't shopped for luggage in a while, you may be overwhelmed by the variety of new options — and the wide range of prices you'll have to pay. Where to start? Here are a few tips to help you buy the right stuff for your travel needs.
1. Consider your travel style
If you travel a lot, tend to check bags on planes, or often pack electronics or other fragile items, buy luggage that's hardy and sturdy. Although hard-sided luggage is heavy, it can take more abuse than fabric bags and still protect the contents. Just be sure that you can lift your luggage. Soft-sided luggage and backpacks are a good choice for car travel and for carry-ons, as such bags are lightweight, more flexible (i.e., can be squeezed into the overhead bins) and can be expanded. Just be sure to know the carry-on size restrictions, which vary slightly by airline. Garment bags, although not very popular these days, can be good for transporting dress clothing for special events.
2. Be picky about materials
For years, leather was the top pick for soft-sided luggage. But leather can be heavy and may become moldy in tropical and humid climates. Popular today are ballistic nylon and Cordura nylon. Both fabrics protect your bag's contents by being resistant to sharp objects, and they generally have a waterproof seal. Hard-sided bags made of polycarbonate material are also both light and durable. Finally, look for bags with distinctive colors or patterns so you can quickly spot them in baggage-claim areas. Alternatively, customize your generic bags with colored tape, bright luggage tags or decals.
3. Inspect the construction
Make sure zippers have taped seams (strips of cloth reinforcing the connection between the zipper and the bag). Exterior seams should be covered with leather, nylon piping or welts to reinforce them and help absorb shock. The seams should also be lock-stitched — that is, each stitch is reinforced, or locked, so that if one breaks, it won't unravel the next and undo the seam. Be sure handles are attached with screws (easy to repair) as opposed to rivets (not so easy). Check that telescoping handles can be locked into place, and that you can live with the loss of space inside the bag. In order for garment bags to allow for layering, hold clothes in place and reduce wrinkles, it's best that they have two brackets for clothes hangers, two upper cross straps and a center cross strap. The hook you use to hang the bag should be strong and retractable.
4. Focus on comfort
Handles with underside padding are a plus. Shoulder straps should be adjustable; made of wide, padded webbing where the strap rests on your shoulder; and reinforced with box and cross-stitching for durability. Four-wheel suitcases are sturdier and easier to roll than two-wheel models. Make sure the wheels are at least 2 1/2 inches in diameter, can spin 360 degrees, are spaced as wide apart as possible, and are recessed into the bag's frame for protection (this also makes wheeled bags easier to stow in overhead bins).
5. Check out the warranties
Before you buy luggage, make sure the manufacturer covers accidental damage, not just manufacturing defects. Remember that price doesn't guarantee a better warranty. For example, Tumi, an expensive brand (ranging from $400 to $1,400 per bag), offers a warranty of only 12 months for in-transit damage and wear and tear. L.L. Bean, on the other hand, has inexpensive duffel bags (starting at $20 per bag) that have unconditional lifetime warranties.
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Hanworth Junior Parkrun
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Junior parkrun is a series of 2k runs for children aged between 4 and 14 years of age. They are held in areas of open space around the UK and we have two fantastic free junior parkruns in Hounslow. They are open to all, free…
Free Exercise in Hounslow Parks
In Hounslow 'Our Parks' provides free exercise classes to help all levels of fitness stay active with a wide range classes such as Bootcamp, Box Fit and Full Body Workout. Our sessions are catered to both male and females, so join us and get fit for free. Turn Up Tone Up!
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Trademark Global
Dean Russo 'Alien - Far Out' Canvas Art - 32" x 24" x 2"
$118.00Sale $69.99 (40% off) Sale ends 10/26/19
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This ready to hang, gallery-wrapped art piece features a colorful, psychedelic portrait of an alien. Art and animals. These two passions define Dean, a Brooklyn, New York-based artist who uses vibrant Pop Art colors and bold abstract patterns to give a voice to his favorite subject: animals.
- Dimensions - 32" H x 24" L x 2" D
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Papa-Nicholas (Planas) of Athens
The holy saint Papa-Nicholas (Planas) of Athens (1851-1932) was officially glorified as a saint by the Ecumenical Patriarchate of Constantinople in 1992. He was born in 1851 on the island of Naxos in Greece. His feast day is celebrated on March 2, except when it falls during Great Lent period; then it is celebrated on the first Sunday following March 2. As a local saint of Paronaxia, he is also celebrated on the first Sunday of September, as part of the celebration of the island's five key saints at the Church of St. Nikodemus of the Holy Mountain on the island of Naxos in Greece.
Papa Nicholas was married and the father of one child. He was married at 17, but his wife died only a few years later, and so he spent the rest of his life in celibacy, his only aspiration being to serve the Church. He was ordained a deacon on July 28, 1879, at the Church of the Transfiguration in Plaka, Greece, and a priest on March 2, 1884, at the Church of the Holy Prophet Elisha.
His focus for over 50 years was to serve daily the Divine Liturgy, vigils, and other services. He never missed a Liturgy and spent most of his time in the very small church of Church of St. John the Hunter in Athens, Greece. The parish initially contained only eight families. He never refused to commemorate and pray for anyone when he served, and he carried in his pockets slips of paper containing thousands of names whom he would pray for during the proskomedia and the Liturgy.
Numerous stories are told of his being lifted in prayer and of the acolytes seing him raised off the ground in front of the altar during the Liturgy. While he would begin Liturgy at eight in the morning, he typically would not finish until two or three in the afternoon. When he was not able to serve at the church of St. John, he would always serve elsewhere.
He was famously absent-minded and was also well known for giving to the poor anything that anyone might give him. He was not an educated man but was considered immensely enlightened, an example of great holiness and humility.
He reposed in February 1932. A new St. John the Hunter Church, which contains his relics, has now been built.
See also
- Humble of spirit and pure of heart, illustrious in life and dispassionate of a truth, wast thou, O wise one. Thou didst illumine all by the virtues and dost grant grace unto them that draw nigh unto thee; and by thine intercessions, thou dost heal them that call upon thee, O Father Nicholas.
- As a simple shepherd of Christ God's lambs, thou didst tend thy flock well on the pasture of piety, nourishing their spirits with ceaseless supplications and leading them to Christ, O wise Father Nicholas.
Further reading
Papa-Nicholas Planas, by the Nun Martha; translated from Greek and published by Holy Transfiguration Monastery, 1981.
External links
- Official Biography of St Nicholas Planas in Greek by the (Metropolis of Paronaxia, Church of Greece)
- Biography of Nicholas (Planas) by Father Nektarios Serfes
- Canonisation Announcement by Fr. Jacob Meyes
- The Simple Shepherd - Papa Nicholas Planas by Fr. Alexey Young (Orthodox America)
- Papa Nicholas Planas: Another Modern Saint
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Categories > People > Saints > Saints by century > 20th-century saints


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Helping you achieve your real estate goals and dreams in Kremmling, Colorado
Welcome to your one-stop source for real estate services covering Kremmling, Colorado and the surrounding areas. Kremmling is truly the way Colorado used to be. With wide open spaces, friendly people and unsurpassed natural beauty it is no wonder people love to call the Kremmling area their home.
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I am tremendously honored to be selected as the best real estate agent in Grand County by the community. All is can say is THANK YOU! I count myself among the blessed; to live, work and raise my family in such and amazing place. Thank you from the bottom of my heart!


text: Eibach production technology is recognized worldwide as leading its field, from their high-strength spring-steel alloys, their advanced CNC winding process, their high-quality corrosion protection and the legendary longevity of their components. Eibach springs have supported innumerable race and championship winners over the last two decades. In series as different as Formula 1 and NASCAR, the winning factor is often chassis setup and tuning. When everybody has comparable power, the guy who wins is the guy who can put that power to the ground-and maintain his momentum through the corners. The list of Eibach partners reads like "Who's Who" in Motor Sports: AMG, Audi, BMW, Ferrari, Ford, Honda, Lamborghini, Lola, MazdaSpeed, Mitsubishi, Nissan, Subaru, Porsche, Renault F-1, Toyota, and many, many more.


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Under Maastricht treaty Central Banks in Europe were barred from doing what they were designed to do in a first place - monetizing government deficicts in their owncurrencies. 1997 Polish Constitution put the same restraint on our state as well
Sometimes I am glad to never have married and produced children despite being in mid-30s . Hamster wheel will be extremely hard to propel in the future
"Debt and Democracy: Has the Link been Broken?
Book V of Aristotle's Politics describes the eternal transition of oligarchies making themselves into hereditary aristocracies – which end up being overthrown by tyrants or develop internal rivalries as some families decide to "take the multitude into their camp" and usher in democracy, within which an oligarchy emerges once again, followed by aristocracy, democracy, and so on throughout history.
Debt has been the main dynamic driving these shifts – always with new twists and turns. It polarizes wealth to create a creditor class, whose oligarchic rule is ended as new leaders ("tyrants" to Aristotle) win popular support by cancelling the debts and redistributing property or taking its usufruct for the state.
Since the Renaissance, however, bankers have shifted their political support to democracies. This did not reflect egalitarian or liberal political convictions as such, but rather a desire for better security for their loans. As James Steuart explained in 1767, royal borrowings remained private affairs rather than truly public debts.[1] For a sovereign's debts to become binding upon the entire nation, elected representatives had to enact the taxes to pay their interest charges.
By giving taxpayers this voice in government, the Dutch and British democracies provided creditors with much safer claims for payment than did kings and princes whose debts died with them. But the recent debt protests from Iceland to Greece and Spain suggest that creditors are shifting their support away from democracies. They are demanding fiscal austerity and even privatization sell-offs.
This is turning international finance into a new mode of warfare. Its objective is the same as military conquest in times past: to appropriate land and mineral resources, communal infrastructure and extract tribute. In response, democracies are demanding referendums over whether to pay creditors by selling off the public domain and raising taxes to impose unemployment, falling wages and economic depression. The alternative is to write down debts or even annul them, and to re-assert regulatory control over the financial sector.
Is the "10 years ahead" quip about the state of military technology true?
reichstag fireman wrote:Who are all these people, and whose websites are they?
https://lh3.googleusercontent.com/-QRvL ... ognuts.jpg (me, w, murf and dognuts??)
http://www.informantnews.com/uploads/im ... ncooke.jpg (justin cooke??)
http://2.bp.blogspot.com/-6s6hk04r0Mg/T ... 0848_n.jpg (unnamed person??)
http://www.spingola.com/Deanna%2005.jpg (Deanna 2005??)
http://www.iol.co.za/polopoly_fs/iol-ne ... 003458.jpg (stephen goodson??)
hoi.polloi wrote:(Sorry to keep harping on you fbenario, but what's with always quoting nothing lately? Please don't abuse our "quote" function just to break it.)
hoi.polloi wrote:The 'always' was rhetorical. Sorry. You got me on that.
What I mean is, if you're going to quote me, don't make the forum look broken. Put something in there like...
or ... something. It's not aesthetics. It's just that newbies will be thrown off by that kinda thing, I suspect. You don't have to adopt this rule like a law and then enforce it. I'm just asking you personally please if you could not do things like:fbenario wrote:[/quote
You could even just say, hoi.polloi at the beginning of your post, to address me! Does that make sense?
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All Wines
Feel free to browse through our entire wine list, but with around 250 to choose from, you'd probably need to set aside a whole evening. Much better to use the filters below, which allow you to sort the wines alphabetically or by price, or filter them by type, grape, country, style, price range or even the dishes you're planning to drink them with.
Remember also to check out our wonderful wine deals, which offer seasonal wines at VIP prices whether you're a member or not. Or browse our unique selection of fine wines from around the world. We hope the quality of our wines proves that great wines can be reasonably priced – if you know where to look.
Raconteur Syrah 2016, Swartland
This is a superb wine, nice smooth taste which goes down very well. Highly recommended. Kevin Read More.£9.49
- ADD 6 - SAVE 16% - £7.99 a bottle
Closerie de Vaudieu Châteauneuf-du-Pape Rouge 20151 review(s)
Available to buy as a single bottle
There's probably not a wine drinker out there who hasn't heard of Châteauneuf-du-Pape. But beware of imitations. Being the Rhône's most famous red wine doesn't always equal the best. Luckily, in the hands of the Bréchet family, you have no need to worry Read More.
Regular Price: £24.49
Special Price £19.99
- ADD 2 - SAVE 11% - £17.99 a bottle
Torre del Falasco Valpolicella Ripasso Superiore 2016, Veneto
Top 10 Best-Selling Red Wine
The 2014 vintage was described as having 'a delicious quality of bittersweet cherry and dark chocolate with a real rip of freshness and tang on the finish.' by The Wine Gang, 2015 Read More.£12.99
Garganega Antiche Terre 2018, Veneto
Top 10 Best-Selling White Wine
Wow! What a beautiful fragrant wine, a hint of Muscat without the associated over sweetness of that grape, and a sharp freshness that could only be Italian Richard
I felt compelled to check where I bought it from and then to tell anyone who cares to read this that it's very, very quaffable Alan Read More.£8.99
Antica Vigna Pinot Grigio delle Venezie 2018
Top 10 Best-Selling White Wine
❤❤❤❤❤ Lovely ❤ Will definitely be buying again. Jill Read More.£8.99
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Ca' di Alte Merlot 2018, Veneto
This is one of the best Italian red wines we've found so far and is made from the eternally popular Merlot grape in the Veneto region. You'll find this lovely wine is soft, fruity and excellent value. It's also suitable for vegans. Read More.£8.99
- ADD 6 - SAVE 12% - £7.99 a bottle
Prospetti Pinot Grigio Rosato 2018, Veneto
Whilst we're all familiar with Pinot Grigio as white wine, the grape variety itself has a blush colour to it. You guessed it, that can make for an everso light-colour rosé wine. Or Rosato as the Italians call it. Read More.£7.99
- ADD 6 - SAVE 19% - £6.49 a bottle
Ca' di Alte Sauvignon Blanc 2018, Veneto
Top 20 Best-Selling White Wine
This is a standout Italian Sauvignon Blanc you really must try. You'll get an explosion of ripe mango and pineapple fruit on the palate. The perfect summer refresher. Read More.£8.99
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Cantina Negrar Valpolicella 2017, Veneto
Valpolicella, the Italian red wine that comes in no less than four scintillating styles: Amarone, Recioto, Ripasso, and this, 'straight' Valpolicella DOC. As Italian as an Alfa Romeo, it's a sleek, deliciously cherry-ish red wine, and one of the best if you're seeking a wine that goes with almost anything Read More.£8.99
Ca' di Alte Vibrant Venetian Pinot Nero 2017, Veneto
BUY SIX FOR £38.94 You may have seen this Straight Talking wine before, on the table at Jamie's Italian. Vibrant, youthful raspberries - summing up nicely what you'll be tasting from this Venetian Pinot Nero (yep, same as Noir but in Italian). Time to make space in the winerack at this price Read More.£8.99
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Loimer Loís Grüner Veltliner 2018, Kamptal
Gru-Vee, aka Grüner Veltliner, is Austria's 'own' white grape variety. Producing some of its most distinctive white wines, they've a fantastic crunchy, Granny Smith green apple character with a hallmark hint of white pepper. Basically, if you enjoy Sauvignon Blanc, then it's a surefire bet you'll enjoy Gru-Vee too Read More.£15.49
Punto Rosa Spumante Rosato, Veneto3 review(s)
BUY THREE FOR £26.97 Fantastic Fizz! This is a really lovely rosé fizz - perfect for an aperitif. Love it! Charliewebfoot Read More.£11.99
- ADD 3 - SAVE 26% - £8.99 a bottle


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WGenius necesitaba un nuevo diseño de logotipo y lanzó un concurso de diseño en 99designs.
Un ganador ha sido elegido entre 65 diseños de 19 diseñadores freelance.
Daniel 'Jungleman12' Cates, age 21, is one of the hottest NLHE players in the world. He started his poker career by playing $.25/.50 heads up cash games in 2008. By the end of 2008, he was playing $10/20 and had won almost $100,000. By 2009, he was playing $25/50. His poker career has rocketed to stardom this year as he has dominated the HU NL games on Full Tilt winning over two million dollars.
Read more here: http://www.ippaglobal.com/ArticleDa…tes20.html
The desired audience will be anybody involved in the poker world. This includes poker players of all types, members of the press, or even companies looking to sponsor Jungleman.
The text needs to read "Jungleman" and we're going to need an icon to accompany it. So we would be able to use just the icon, or the icon with the text. Below are some examples w/ feedback:
Using card suits in the logo is really played out. Something more creative & different is encouraged.
http://logopond.com/logos/c11b24872…2b726c.png - Deep Guy - This one here is by far my favorite. The simplicity of the design (obviously we don't want any detailed backdrop - probably black with white lettering), the boldness of the design all work well - JM for Jungleman.
I feel like with the logo, we should be thinking of the phrase "I am Jungleman." It should be bold, powerful, but simple - authoritative.
http://logopond.com/logos/133224000…ee98cf.png - Jupiter - This logo has a very nice image, which if Jungleman were to use one, I think should be in a similar style to this one. Not fully formed, a little graphic designed-out. Again, I like the boldness, un-ornateness of the lettering, the layout is also okay I think for a logo that incorporates an image.
http://logopond.com/logos/eae5c1109…ca9f5c.png - inveni - This image is too prickly, we want something colorless, the typeface is just weak and the Italics and no upper-case letters are drawbacks.
The icon will go into this layout: http://www.gallyapp.com/tf_themes/j…p/#panel-2
Descubre cómo funciona un concurso de diseño u obtén más información sobre nuestros servicios de diseño de logo.


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Wüsthof Classic Boning Knife, 5 1/2"
Easy, hassle-free returns online and in-store for eligible items.Learn More
Earn 5% Back in rewards4 plus free standard shipping3every day when you shop with your Williams Sonoma credit card at Williams Sonoma.Apply Now Learn More
- Summary
Designed to remove bones from poultry and meat, this top-quality German boning knife has a narrow blade that curves inward at the cutting edge. The razor-sharp blade is made of a high-carbon-steel alloy that guarantees its longevity.
- Narrow blade curves inward for maximum control when removing meat and poultry from the bone and has a sharp, tapered point for trimming fat and cutting tendons.
- Knife is precision forged from a single piece of sturdy high-carbon steel that resists stains and corrosion.
- Wüsthof's Precision Edge Technology (PEtec) ensures a 20% sharper blade with twice the edge retention.
- Full tang is triple riveted to the handle for exceptional durability and control.
- Polypropylene handle is contoured for a comfortable grip.
- Dimensions & More Info
- 5 1/2"-long blade.
- 5"-long handle.
- 4.5 oz.
- Made in Germany.
- Use & Care
- Always use caution when handling sharp objects.
- Avoid cutting on hard surfaces such as stone, metal or glass.
- It is not advisable to use any knife but a meat cleaver to cut through bone, as other blades can be easily damaged.
- Hand-wash with warm water and a mild detergent. Rinse and dry immediately.
- Maintain the knife's cutting edge by regularly using a honing steel.
- Sharpen as needed. With regular use and honing, your knife should not need sharpening more than once or twice a year.
- Sharpen knife at home using a whetstone or knife sharpener, or have it sharpened by a professional.
- Store knife in a safe place to protect its edge and prevent injury.
- Shipping
Shipping Information
UPS can deliver most in-stock items within 3–5 business days. UPS is unable to deliver to P.O. boxes.
Shipping Rates
The shipping rate varies depending on your order total and shipping destination. View Shipping Options and Charges.
Next Day Delivery
For an additional charge of $26 per address, we can expedite delivery to most destinations. This service is not available for some oversize items, items shipped directly from the supplier (including perishable and custom-manufactured items), out-of-stock items and items to be shipped outside the contiguous 48 states.
Orders received by 9:00 p.m. ET Monday through Thursday will arrive the next business day; orders placed Friday through Sunday will arrive on the following Tuesday.
Return Policy
At Williams Sonoma, we take great pride in the quality and craftsmanship of our products. Attention to design, materials, safety and construction are our priority. Upon receipt, please inspect your purchase and notify us of any damage; we will arrange for a prompt replacement.
If within 30 days, you are dissatisfied for any reason, you may return your purchase for a refund of the merchandise value. An original receipt or gift receipt is required for all returns and exchanges. Returns with a gift receipt will be refunded in the form of a Merchandise Credit for the amount indicated on the gift receipt. Returns with original receipt will be refunded in the original form of payment, cash and check refunds over $100 will be issued as a company check (may take 14 business days from time of request).
For all cutlery returns (knife sets, single knives, cutting boards, knife sharpeners and knife storage), please contact us at 888.922.4108 to initiate the return.
We cannot accept returns on monogrammed, personalized, special-order items, custom upholstery, food, items shipped direct from the vendor or on items damaged through normal wear and tear. Final sale items ending in .97 or .99 cannot be returned.
Made to Order and Final Sale Furniture items are non-returnable and cannot be cancelled once the order is placed.
For returns of items purchased from your Williams Sonoma Gift Registry, we will gladly provide a refund or exchange for the merchandise within 90 days of your event or within 90 days of purchase, whichever date is later. View Full Returns Policy.
- Gift with Purchase
Receive a $25 Williams-Sonoma Gift Card with your purchase of Wüsthof cutlery. Print Coupon
Registrant: Receive a free gift when you add qualifying Wüsthof products to your registry. Print Coupon
Rated 5 out of 5 by RockyRocks from Highly recommended I've used this knife over and over again deboning large shoulder pork(s) for my pastelès (patties) and it has not failed me yet. It has been one of my favorite purchases - it's made my task easier to accomplish with less time. Knife stays sharp and with a lot of use when needed I put it through the sharper wolá it's sharp again.Date published: 2016-04-10Rated 5 out of 5 by THREEBOYSMOM from NECESSARY KITCHEN TOOL I have used this knife for over 26 years and find it most necessary in the kitchen for prepping chicken for a meal. I recently purchased a second one so my sons can take turns honing their skills. Don't hesitate to purchase if you are in the market for a boning knife. The quality and value is really first rate.Date published: 2012-02-16


text: This WebRing's members provide, for your browsing, downloading and/or shopping pleasure, websites about email stationery for Outlook Express , Incredimail and other email programs. They also include information on traditional stationery products and calligraphy supplies. These members are creative and enthusiastic about sharing their stationery with you. Perhaps one of the ring members will have exactly the stationery you would like to use for your next email or even the next snailmail you send. Pictured on this page: Ukrainian postal stationery.


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NEW YORK, June 26 (Reuters) - Crestview Partners is looking to sell Birmingham, Michigan-based Munder Capital Management in a deal that could be valued at up to $400 million, according to three sources familiar with the situation.
The New York-based private equity firm has hired Goldman Sachs Group Inc to run the sale process, the sources said on Wednesday.
The most likely buyer for Munder will be a fund company that can merge Munder's funds into its own, the sources said.
Crestview and Goldman Sachs declined to comment.
Crestview along with Munder managers bought Munder in 2006 from Comerica Inc for $302 million in a leveraged buyout. Sources estimate the asset management firm, which has $16 billion in assets under management, could be sold for $350 million to $400 million.
During the dot-com boom, Munder was best-known for managing the NetNet Fund, which in 2000 was the largest Internet fund with $11.5 billion in assets.
But after the dot-com industry crashed in the early 2000s, Munder struggled to recover. The firm currently has eight mutual funds with $7 billion in assets, according to Morningstar.
"They have broadened their product line and they were gaining some traction in the marketplace," said Geoff Bobroff, an independent mutual fund consultant. "The difficulty we have seen over the years is these small fund families have a difficult time unless they have outstanding performance in a fund or two and their performance has been fine, but not outstanding."
Five of Munder's seven funds with a five-year track record have outperformed their peers for that period, according to data from Morningstar Inc. Seven of its 10 funds with a one-year track record outperformed their peers for that period.


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Hire Silent Disco in Tadworth
Browse Silent Disco Suppliers
Recent review: Fantastic service, quick responses, flexible when I had to alter numbers slightly. Everything arrived on time and worked really well. Our young people loved the disco, so thanks very much!
Recent review: Thanks so much to everyone at The Silent Disco Company! We hired a silent disco for New Year's Eve and it was the absolute highlight of the event for everyone there, even the normally dance shy! Easy to set up, great service and fantastic quality! Would absolutely recommend to a friend and would use
Recent review: "We've had Sarah and the Silent Disco work for us on countless occasions. From gigs in the Market Square to our Outstanding in a Field Festival, Sarah never disappoints. Professional, friendly and easy to work with Silent Discomania are a fantastic addition to an event, so engaging and fun. Sarah's
About: Bop Silent Disco hires silent disco equipment for parties and celebrations based in Hawkinge, Kent.
About: SILENT DISCO KING It's a simple story, we fell in love with Silent Disco, and set about changing the world. We pioneered the use of the world's best silent disco headphones: Comfortable, amazing sound, and available in lush pink and jet black. Next we revolutionised the industry with our a
About: This is the latest craze that is sweeping across London and the UK so dry-hire our Silent Disco Headphones to add entertainment to any occasion. The silent disco is a perfect addition to make your event stand out from the rest. From private house parties to festivals, having no noise restriction all
About: The concept of a Silent Disco is fairly new and people constantly ask how does it work? It is very simple. We use state of the art fully rechargeable LED headphones with powerful transmitters to ensure perfect quality. The music source is then plugged in to the transmitter and away you go, you ca
About: Whether you're planning entertainment for a wedding or looking to spice up a party that you're throwing, a photo booth can add some much-needed fun and also give you fun pictures to remember the event by.
About: Welcome to invite-Events offering Professional and affordable mobile disco services based in Hampshire. Whether its your wedding reception, a milestone birthday, an anniversary, or any other reason for a party - we will work with you every step of the way to help ensure I'm providing exactly the typ
Recent review: Great service and delivery. All the equipment was in excellent condition, possibly needs simple written instructions as someone less technical may of had issues setting up. would definitely recommend them and use again x
About: We supply Silent Disco, Mobile Disco, PA Hire, and Lighting hire. Both Wet and Dry hire services are available along with delivery and setup services.
Recent review: Excellent service from Duncan and team! Hired 25 headsets for my sisters hen do and all the girls said it was such a good idea and something they had never done at a hen do before. Duncan was extremely quick to respond to emails and the set up was very easy. Would definitely use again in the future.
About: The Original Silent Disco Suppliers Silent Disco 4U are the UK's original Silent Disco Suppliers. We cater for events of any size across the UK and beyond. Weddings / Parties Our most popular events. Minimal set up and no restrictions on late finishes! Corporate It's not just discos! Our equipment w
About: A family run business in the Ipswich area, offering a wide range of services. As well as offering silent disco systems and children's parties (as DJ Hamster), we also have a large stock of professional audio and lighting equipment available for hire, and regularly work in theatre and events - includ
About: JM Entertainment have a wide range of products to bring the fun to any event! Our entertainment services include anything from Bouncy castle hire, Corporate entertainment and large event equipment. We have hundreds of products to choose from including Sumo suit hire, Gladiator duel hire, Inflatable
About: SSL are a leading events production and permanent installation company based in the North West of England catering to parties, events and venues of all sizes, nationwide. We will match any quotation and provide top of the range equipment in this quotation. Our most popular services include dry hire
Recent review: Hedfone Party were fantastic. Our Silent discos for our daughters Bat Mitzvah Party was just brilliant - really good fun and we would recommend Hedfone Party to anyone - great service and lovely people to deal with.
Recent review: Thank you Stephen for the best night ever you were fabulous I'll highly recommend you to everyone you made our night thanks
About: Formed in 2002 as a One man operation it has now evolved to multi-operational company, Wedding DJ Scotland have over 12 years experience in serving central Scotland with the biggest and best mobile disco's & Dj's. Our DJ's, Karaoke Hosts, Comperes, Entertainers & Children's Entertainers have many mo


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did you know?
- In 1880, Emma Cons, a leading Victorian social reformer, re-named the theatre as The Royal Victoria Coffee and Music Hall, banning alcohol from the premises
- The Old Vic celebrated its 200th birthday in 2018
- The National Theatre operated from The Old Vic theatre on its formation in 1963 under Laurence Olivier, until its new premises were constructed in South Bank in 1976
is it?
the old vic
The Old Vic, The Cut, London SE1 8NB
We Think You'll like
Beautifully-styled 180-seat restaurant and bar.
Leake Street Arches
A celebration of urban art, dining and entertainment live from Waterloo.
Coin Street Neighbourhood Centre
Creating an inspirational neighbourhood
Coin Street Neighbourhood Centre
The neighbourhood centre contains:
- An 84-place day nursery providing childcare from 3 months to 5 years
- Out of school provision and youth clubs
- Parent and family support programmes including practical workshops
- Evening and weekend activities
- Conference, meeting and training spaces of the highest quality available for business and community hire
- Creche for parents/carers using the centre
- Access to Guy's and St Thomas' Hospital midwifery and other specialist teams
- Access to training and employment opportunities
- Access to business and social enterprise support
- Offices for Coin Street staff
- Helpdesk operating throughout the opening hours of the centre.
Witness for the Prosecution
It's classic Agatha Christie. We'll see you in court!
Morley College
A free gallery space and a host of exciting events and talks all year round.
Riverside Walkway
Take a stroll along South Bank's leafy riverside.
Take a leisurely stroll along the banks of the Thames as it winds through the capital. Soak up the South Bank atmosphere, London's home of art, culture and unique architecture. Cross the bridges for circular walks with spectacular views.
The Riverside Walkway attracts visitors from all over the world and is also a valuable resource enjoyed by all who live or work in the area. It is also used as a venue for unusual and unique events - keep your eyes peeled for exciting pop-ups.
The Green Room
A new dining destination located behind the National Theatre.
contemporary space
The Green Room is a contemporary restaurant, bar and garden developed by local social enterprise Coin Street Community Builders in collaboration with the National Theatre.
Serving delicious, ethically-sourced British diner food and roast dinners on Sundays, it's a unique temporary architectural experiment which offers an airy, contemporary space featuring props and scenery recycled from National Theatre shows.
View here for more information and to book
gallery@oxo showcases a varied programme of photography, contemporary design, architecture and issue-based exhibitions.
City Cruises
The No.1 sightseeing tour on the Thames - choose from afternoon tea, sundowner and even Elvis cruises.
Thames Clippers
Stylish river fleet, running every 20 minutes between key London piers.
Jubilee Gardens
Jubilee Gardens is a beautifully landscaped park situated in the heart of South Bank, behind the London Eye.
Gillray's Steakhouse & Bar
South Bank's premier steak restaurant and cocktail bar.
Steakhouse & Bar
If you're headed to Gillray's, bring an empty stomach and high expectations. Situated in full view of Parliament, the seat of British democratic administration, Gillray's fine food is as remarkable as its surroundings.
Everything about Gillray's is a seeming nod to British culture and heritage. Their meat is sourced from British farms. Their bar boasts not only fantastic staff but over 100 types of gin. Their service is of the highest quality in the British sense - subtle, yet polished. Even their decor is reflective of the old-world grandeur of the Houses of Parliament. During afternoon tea, a tray is neatly delivered to your table and drinks are filled (or refilled) in a smooth, near unnoticeable ballet of table service.
Their bar is open till midnight and serves a mixture of classic and contemporary cocktails, a wide selection of beers, wines, and spirits.
Drawing Room
Secret bar in the BFI Southbank (behind the bookcase!)
Drawing Room
BFI Southbank
For the more explorative of South Bank frequenters, the Drawing Room at BFI Southbank will make for an interesting and altogether more private experience. To enter, look for the secret door behind a bookcase at BFI Southbank. Find it, and you've found the way to the Drawing Room – an intimate cocktail bar (which is also available for private parties).
The Drawing Room is also perfect for hosting a stylish, intimate private party or event.
Kitchen National Theatre
Kitchen is National Theatre's all-day cafe.
National Theatre
Kitchen is the National Theatre's all-day café - it's the perfect pit stop for lunch with friends, tea and cake or a pre-show light bite.
The contemporary cafe serves up a range of freshly cooked meals - with a menu that changes daily, but affordable examples include tuna provencale linguine and steak and ale pie.
Alternatively choose a baked treat from the giant cake table which you can't miss in the centre of the cafe. With it's location directly opposite the river, enjoy the large outdoor eating areas in warmer months.
Sea Containers London
Seductive and striking, Sea Containers London brings a bold new energy to London's South Bank, blending the style and sophistication of the boutique brand with South Bank's artistic vibe.
National Theatre
The internationally-renowned venue presents new writing, classics, comedies and musicals.
BFI Southbank
A four-screen cinema venue showing a huge selection of classic and contemporary films.
IWM London
IWM London tells the stories of those whose lives have been shaped by war through the depth, breadth and impact of their Galleries, displays and events.


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Nos. 83,293, 83,411, 83,605
SHARLA CREACH, and INFOTECH, INC.,
INFOTECH OF KANSAS CITY, LLC, and
SHARLA CREACH, and KEVIN BARNABE,
INFOTECH OF KANSAS CITY, LLC, and BILL CREACH,
LARRY HALLEY and SEARCH ONE, INC.,
For the reasons set forth in the opinion, we hold the provisions of the Kansas Revised Limited Liability Company Act, K.S.A. 2000 Supp. 17-7662 et seq., is procedural in nature and is to be applied retroactively to pending actions.
Appeal from Johnson district court; JAMES FRANKLIN DAVIS, GERALD T. ELLIOTT, and JANICE D. RUSSELL, judges. Opinion filed June 8, 2001. Affirmed in part, reversed in part, and remanded for further proceedings.
Phillip C. Rouse, of Douthit Frets Rouse & Gentile, L.L.C., of Kansas City, Missouri, argued the cause, and Jennifer L. Benedict, of the same firm, was with him on the briefs for appellants Larry W. Halley and Infotech of Kansas City, LLC, and for appellees Larry W. Halley and Search One, Inc. Kevin J. Odrowski and Shelley I. Ericsson, of the same firm, were with him on the briefs for appellants Larry W. Halley, and Infotech of Kansas City, LLC.
Nathan C. Harbur, of Nathan C. Harbur, Chartered, of Leawood, argued the cause and was on the briefs for appellants Infotech of Kansas City, LLC, and Bill Creach and for appellee Bill Creach.
J. Nick Badgerow, of Spencer Fane Britt & Browne LLP, of Overland Park, argued the cause, and Jennie M. DeVeney, of the same firm, was with him on the briefs for appellees Bill E. Creach, Sharla Creach, and Infotech, Inc.
LARSON, J.: This consolidated appeal of three separate actions between two members of a limited liability company raises a myriad of claims and issues which were disposed of below in two cases by granting motions to dismiss and, in the third, by the denial of a motion for summary judgment that is before us in an interlocutory appeal.
Because of the enactment of the Kansas Revised Limited Liability Company Act (KRLLCA), K.S.A. 2000 Supp. 17-7662 et seq., which we deem to be retroactive and procedural in nature, we reverse the granting of the motions to dismiss, affirm the denial of summary judgment, and remand all three cases for further proceedings.
Explanation of the claims of each case and the argument thereunder is not so easily or simply stated.
Factual and procedural background
Bill Creach and Larry Halley jointly formed Infotech of Kansas City, LLC (LLC) in 1995, as member-managers and 50% owners. The members executed an operating agreement governing the LLC, which recognized the right of the managers to engage in other business activities so long as they did not compete with the business of the LLC.
At the time the LLC was formed, Bill Creach and his wife, Sharla Creach, co-owned Infotech, Inc. Sometime after forming the LLC, Bill Creach transferred all his interest in Infotech, Inc., to the corporation, making his wife the sole owner; his son, Bill E. (Gene) Creach, became its president.
One of the defendants in one of the cases, Kevin Barnabe, was originally an employee of the LLC and later Infotech, Inc. Due to his bankruptcy filing and pursuant to an order of the bankruptcy court, which is an issue in this appeal, Barnabe has been dismissed as a party.
There is an additional corporation involved, Search One, Inc., which is owned by Halley.
The LLC provided independent contractor programmers to numerous metropolitan Kansas City businesses from 1995 until 1997, when controversy arose between Bill Creach and Halley and the litigation in issue here began.
In the first lawsuit (district court case No. 98CV237), Bill Creach sued Halley and Search One, Inc., on behalf of himself and the LLC. Bill Creach and the LLC alleged that Halley had breached his fiduciary duties to the LLC, competed with the LLC, and did not perform his agreed responsibilities. Bill Creach prayed for dissolution on behalf of himself and the LLC (as well as a determination that Halley had forfeited his interest in the LLC), damages for breach of the operating agreement, damages for breach of fiduciary duties, and an injunction requiring the defendants to refrain from further harmful acts to the LLC. It was also requested that a receiver be appointed to help dissolve the deadlocked LLC. On behalf of the LLC only, Bill Creach prayed for damages for tortious interference with a business relationship.
Halley counterclaimed for damages arising from the alleged collusive and competitive conduct of Bill, Gene, and Sharla Creach, as well as Barnabe and Infotech, Inc. Halley requested damages for breach of contract and various torts, and he also requested an accounting and an injunction precluding the named parties from competing with the LLC.
Bill Creach, on behalf of himself and the LLC, moved for summary judgment, claiming that Halley's counterclaims must be dismissed because it was not brought on behalf of or against the LLC. Judge James Franklin Davis denied the plaintiffs' motion. In upholding Halley's rights, the court held that there were genuine issues of material facts precluding summary judgment on any of Halley's counterclaims and that, as a matter of law, Halley could bring his counterclaims directly even though it involved derivative claims, by applying to limited liability companies the closed corporation derivative exception created in Richards v. Bryan, 19 Kan. App. 2d 950, 879 P.2d 638 (1994).
In the second case (district court case No. 98CV1290), Halley individually sued Sharla Creach, Gene Creach, Kevin Barnabe, and Infotech, Inc. He alleged various torts and breach of contract. The defendants filed a motion to dismiss claiming that Halley lacked standing to file the suit individually. Judge Gerald T. Elliott granted the defendants' motion to dismiss.
Halley filed a third suit (district court case No. 98CV4900) on behalf of himself and the LLC against Bill Creach, Gene Creach, Sharla Creach, Kevin Barnabe, and Infotech, Inc. Halley and the LLC alleged various torts, breach of fiduciary duty, and breach of contract. The plaintiffs also requested an injunction to stop the defendants from committing further harmful acts to the LLC. The defendants filed a motion to dismiss. Judge Janice D. Russell found that the LLC lacked authority to file suit without the consent of Bill Creach and that Halley's claim should be dismissed because a derivative suit is not available to one of two 50% owners of a limited liability company.
The three appeals
After the summary judgment motion to Halley's counterclaims was denied, Bill Creach and the LLC obtained the right to take an interlocutory appeal pursuant to K.S.A. 60-2102. On appeal, they contend that Halley lacked standing to file a direct individual claim or that he could not bring a derivative claim on behalf of the LLC. Bill Creach is represented by separate counsel from the remaining defendants (Infotech, Inc., Sharla Creach, and Gene Creach).
Halley and the LLC appeal the trial court's granting of motions to dismiss in both the other actions.
Halley and the LLC filed a consolidated brief as to cases Nos. 98CV1290 and 98CV4900 in which they contend the trial court erred (1) in deciding he lacked standing to bring a direct suit for damages, (2) in dismissing the LLC's claims and deciding the LLC could not file the claims without the approval of Bill Creach, and (3) in dismissing his claims and deciding he could not maintain a derivative action against the defendants.
The other defendants (Infotech, Inc., Sharla Creach, and Gene Creach) did not file a cross-appeal but contend res judicata should bar Halley from proceeding in case No. 98CV4900 in the name of the LLC and that count III in case No. 98CV1290 and count V in case No. 98CV4900 are legally deficient.
After Halley's brief was filed, he advised the court, pursuant to Supreme Court Rule 6.09(b) (2000 Kan. Ct. R. Annot. 41), as to amendments in the statutory provisions relating to limited liability companies in Kansas and contends that under the provisions of the KRLLCA, derivative suits by members are authorized. The other parties did not file responses to Halley's Rule 6.09 filing.
Standards of Review
We are required to review rulings on motions to dismiss, the denial of summary judgment, and statutory amendments. We first set forth our standard of review which drives the results we reach.
The granting of motions to dismiss has not been favored by our courts. The manner in which they should be reviewed was set forth in Ripley v. Tolbert, 260 Kan. 491, 493, 921 P.2d 1210 (1996), where we quoted Bruggeman v. Schimke, 239 Kan. 245, 247-48, 718 P.2d 635 (1986), as follows:
"'"Our scope of review, where the trial court has sustained a motion to dismiss, is concisely defined in Knight v. Neodesha Police Dept., 5 Kan. App. 2d 472, 620 P.2d 837 (1980):
"'"When a motion to dismiss under K.S.A. 60-212(b)(6) raises an issue concerning the legal sufficiency of a claim, the question must be decided from the well-pleaded facts of plaintiff's petition. The motion in such case may be treated as the modern equivalent of a demurrer." Syl. ¶ 1.
"'"Disputed issues of fact cannot be resolved or determined on a motion to dismiss for failure of the petition to state a claim upon which relief can be granted. The question for determination is whether in the light most favorable to plaintiff and with every doubt resolved in plaintiff's favor, the petition states any valid claim for relief. Dismissal is justified only when the allegations of the petition clearly demonstrate plaintiff does not have a claim." Syl. ¶ 2.
"'"In considering a motion to dismiss for failure of the petition to state a claim for relief, a court must accept the plaintiff's description of that which occurred, along with any inferences reasonably be drawn therefrom. However, this does not mean the court is required to accept conclusory allegations on the legal effects of events the plaintiff has set out if these allegations do not reasonably follow from the description of what happened, or if these allegations are contradicted by the description itself." Syl. ¶ 3.'"
Noel v. Pizza Hut, Inc., 15 Kan. App. 2d 225, 231-32, 805 P.2d 1244, rev. denied 248 Kan. 996 (1991), further explains our hesitancy to grant a motion to dismiss for failure to state a claim:
"In essence, we are required to assume that the facts alleged by the plaintiffs are true, and we are required to make any reasonable inferences to be drawn from those facts. In addition, it is our duty to determine whether those pleaded facts and inferences state a claim, not only on the theory which may be espoused by the plaintiffs, but on any possible theory we can divine.
"There are sound reasons for exercising judicial skepticism towards dismissal of a petition for failure to state a claim prior to the completion of discovery. We long ago abandoned the theory of fact pleading in favor of our present 'notice' type pleading.
. . . .
"Indeed, under our modern procedure, the petition does not intend and is not necessarily intended to govern the entire course of the lawsuit. The ultimate determination as to the legal issues and theories on which the action will be determined is the pretrial order."
The denial of the summary judgment motion is considered only because of its interaction with the companion cases but its standard of review is well known:
"Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. The trial court is required to resolve all facts and inferences which may reasonably be drawn from the evidence in favor of the party against whom the ruling is sought. When opposing a motion for summary judgment, an adverse party must come forward with evidence to establish a dispute as to a material fact. In order to preclude summary judgment, the facts subject to the dispute must be material to the conclusive issues in the case. On appeal, we apply the same rules and where we find reasonable minds could differ as to the conclusions drawn from the evidence, summary judgment must be denied. [Citation omitted.]" Bergstrom v. Noah, 266 Kan. 847, 871-71, 974 P.2d 531 (1999).
"Ordinarily summary judgment should not be granted when discovery is incomplete. [Citation omitted.]" Bank IV Wichita v. Arn, Mullins, Unruh, Kuhn & Wilson, 250 Kan. 490, 498, 827 P.2d 758 (1992). However, if the facts pertinent to the material issues are not controverted, summary judgment may be appropriate even when discovery is unfinished. See Parker v. Farmway Credit Union, 11 Kan. App. 2d 223, 226-27, 718 P.2d 643, rev. denied 239 Kan. 694 (1986).
Additionally, the question of the applicability of the KRLLCA raises questions of law of the interpretations of statutes over which our review is unlimited. Hamilton v. State Farm Fire & Cas. Co., 263 Kan. 875, 879, 953 P.2d 1027 (1998). This brings into play the question of whether the new Act is to be given retrospective application. On the question of the retrospective application of a statute, we have said:
"'The general rule of statutory construction is that a statute will operate prospectively unless its language clearly indicates that the legislature intended that it operate retrospectively. This rule is normally applied when an amendment to an existing statute or a new statute is enacted which creates a new liability not existing before under the law or which changes the substantive rights of the parties.'
"'The general rule of statutory construction is modified where the statutory change is merely procedural or remedial in nature and does not prejudicially affect the substantive rights of the parties.'
"'While generally statutes will not be construed to give them retrospective application unless it appears that such was the legislative intent, nevertheless when a change of law merely affects the remedy or law of procedure, all rights of action will be enforced under the new procedure without regard to whether or not the suit has been instituted, unless there is a savings clause as to existing litigation.'" Davis v. Hughes, 229 Kan. 91, 101, 622 P.2d 641 (1981) (quoting Nitchals v. Williams, 225 Kan. 285, Syl. ¶ 1-3, 590 P.2d 582 [1991]).
See Ripley v. Tolbert, 260 Kan. at 503.
We have further held that "[i]t is a fundamental rule of statutory construction, to which all other rules are subordinate, that the intent of the legislature governs if that intent can be ascertained. . . .The legislature is presumed to have expressed its intent through the language of the statutory scheme it enacted." In re Marriage of Killman, 264 Kan. 33, 42-43, 955 P.2d 1228 (1998).
Does Halley have standing to file on behalf of the LLC an action for damages against either the other member-manager or third parties for damages?
Decisions of the trial courts
The basic opinion of the trial court which granted the motion to dismiss is that of Judge Russell in case No. 98CV4900 where she held:
"[T]his Court holds that a member of an LLC may not bring a derivative action on behalf of the LLC against the only other member, nor may he bring a derivative action against persons, in this case, Gene and Sharla Creach, Barnabe, and the Corporation whom he suspects may be holding assets that he believes properly belong to the LLC, when the gravamen of his complaint is the alleged wrongdoer of the only other member of the LLC."
The motion to dismiss in case No. 98CV1290 raised similar arguments. Although this claim was on behalf of Halley individually, Judge Elliott treated the issues as being the same as in case No. 98CV4900 when he said:
"And I must tell you both that I don't think there is a significant difference between this case and Judge Russell's case. . . .
. . . .
"But whether you call it comity or whether you call it res judicata or whether you call it collateral estoppel, or whether you call it common sense, I think once Judge Russell has ruled, I think, I really think I am bound to adopt that ruling and that result. . . .
. . . .
". . . I am going to adopt her ruling."
The judge allowed comments by Halley's counsel in which it was pointed out this case involved the claimed damages of Halley individually. At this point the court stated:
"THE COURT: But -- forgive me -- but his own damages aren't one iota different than one half of the damages to the LLC, are they?
"MR. MORROW [counsel for Halley]: I would basically agree with that, Judge. Except, that trespass to chattels claim that was specific to him. But, then, again, it hurt both he and the LLC. "
The court then directed counsel for Gene Creach, Sharla Creach, and Infotech, Inc., to prepare a journal entry which dismissed the case with prejudice at plaintiffs' cost.
The motion for summary judgment on Halley's individual and derivative counterclaims in the first action, case No. 98CV237, was denied by Judge Davis in an opinion rendered subsequent to but not relying on Judge Russell's ruling. The two rulings reach different results, and while both are well reasoned, with the legislature clearly providing a procedure in the 1999 amendments for derivative actions to apply to limited liability companies, the question of whether to apply the logic and holding of Richards v. Bryan becomes unnecessary if we hold the KRLLCA applies.
Judge Davis concluded:
"[F]irst, that there are genuine issues of material fact precluding summary judgment on any of the defendant's counterclaims, and second, that as a matter of law defendant Halley may proceed with his counterclaims as direct claims against plaintiffs. However, since claims III through VII are derivative in nature, any recovery on them shall accrue to the LLC, by way of the receiver appointed to handle its affairs."
With this conclusion, the motion for summary judgment was denied.
Statutory provisions relating to limited liability companies
We look first to the statutory provisions which relate to limited liability companies in Kansas.
Limited liability companies became creatures of the Kansas statutes commencing with the enactment of the Kansas Limited Liability Company Act (KLLCA), K.S.A. 17-7601 et seq., in 1990. See L. 1990, ch. 80, §1. Amendments were made and additional provisions were added in subsequent years through 1998. None of the sections appear to relate to derivative suits.
However, all of the existing statutes were repealed, and a revised statute was enacted and placed in effect January 1, 2000, by the 1999 Kansas Legislature. L. 1999, ch. 119, § § 1-81. The provisions are now found in K.S.A. 2000 Supp. 17-7662 through K.S.A. 2000 Supp. 76,142. K.S.A. 2000 Supp. 17-7662 states that the act shall be known and cited as the Kansas Revised Limited Liability Company Act. Because there are sections of the KRLLCA that relate to derivative actions, we first consider if the revised act is applicable to our case.
Retroactivity of the KRLLCA
The wording of K.S.A. 2000 Supp. 17-76,140 relates to the effective date of the KRLLCA and expressly states: "From and after January 1, 2000, this act shall be applicable to all limited liability companies formed in Kansas, whether formed before or after such date." (Emphasis added.) This wording expresses the clear intent to make all of its provisions apply to limited liability companies such as Infotech of Kansas City, LLC.
The legislative history also appears to show the same intent. When presented to the legislature, the revised act's passage was supported by the Kansas Bar Association (KBA) as adopting portions of the Delaware code. In the KBA analysis given to the House Judiciary Committee considering House Bill 2276, the comments to Sec. 79, which is now K.S.A. 2000 Supp 17-76,140, stated the effective date provision was not like Section 68 of the Kansas Revised Uniform Partnership Act (KRUPA), K.S.A. 2000 Supp. 56a-1001 et seq., which had been enacted in 1998. The comment stated:
"This section provides for a future effective date. The above text is recommended so that the Act will provide a transition period to become familiar with the act. It does not follow the effective date provision adopted in Section 68 of the Kansas Revised Uniform Partnership Act enacted in 1998 which provides an additional transition period for existing partnerships." Minutes of the House Judiciary Committee, February 16, 1999, Attachment 5.
When one compares the very limited effective provisions of Section 68 of the KRUPA (K.S.A. 2000 Supp. 56a-1304) with the broader language of Section 79 (K.S.A. 2000 Supp. 17-76,140) of the KRLLCA, it is apparent that the new act was to apply on its effective date and govern all limited liability companies then in existence. This clearly includes Infotech of Kansas City, LLC, and the pending cases involving its operation.
More importantly, there is no savings clause included in the KRLLCA while one was specifically included in the KRUPA. K.S.A. 2000 Supp. 56a-1305 states: "This act does not affect an action or proceeding commenced or right accrued before this act takes effect." Had the legislature intended the same result to obtain under the KRLLCA, it is clear that it knew how to do so.
As has been said in 73 Am. Jur. 2d, Statutes § 354, p. 490: "In the absence of any saving clause, a new law changing a rule of practice is generally regarded as applicable to all cases then pending." We hold that the KRLLCA by its express language, legislative intent, and the absence of a savings clause is retroactive in effect and must be applied to the three cases being considered.
Derivative suits specifically authorized by KRLLCA
We next look to the specific language of the KRLLCA, which is directly applicable to this appeal.
"A member may bring an action in the district court in the right of a limited liability company to recover a judgment in its favor if managers or members with authority to do so have refused to bring the action or if an effort to cause those managers or members to bring the action is not likely to succeed." K.S.A. 2000 Supp. 17-76,130.
"In a derivative action, the plaintiff must be a member at the time of bringing the action and:
"(a) At the time of the transaction of which the member complains; or
"(b) the member's status as a member had devolved upon the member by operation of law or pursuant to the terms of an operating agreement from a person who was a member at the time of the transaction." K.S.A. 2000 Supp. 17-76,131.
"In a derivative action, the petition shall set forth with particularity the effort, if any, of the plaintiff to secure initiation of the action by a manager or member or the reasons for not making the effort. K.S.A. 2000 Supp. 17-76,132.
"If a derivative action is successful, in whole or in part, as a result of a judgment, compromise or settlement of any such action, the district court may award the plaintiff reasonable expenses, including reasonable attorney fees, from any recovery in any such action or from a limited liability company." K.S.A. 2000 Supp. 17-76,133.
The KBA comments to § 69 (K.S.A. 2000 Supp. 17-76,130) state: "This is a new provision and is similar to principles that apply to corporations." Minutes of the House Judiciary Committee, February 16, 1999, Attachment 5. Clearly, derivative suits have now been expressly authorized by the legislature and directed to apply to limited liability companies. We would reach the same result if we held the logic and ruling of Richards v. Bryant applied to limited liability companies, but, unless these new statutes are deemed to be substantive only, the statutory remedy must be recognized and applied to the facts of our three cases.
Substantive v. procedural
Substantive law has been defined as "the part of the law that creates, defines and regulates the rights, duties, and powers of the parties." Black's Law Dictionary 1443 (7th ed. 1999). The same authority defines procedural law as "[t]he rules that prescribe the steps for having a right or duty judicially enforced, as opposed to the law that defines the specific rights or duties themselves." Black's Law Dictionary 1221 (7th ed. 1999).
In Rios v. Board of Public Utilities of Kansas City, 256 Kan. 184, 191, 883 P.2d 1177 (1994), we decided whether an amendment to the Workers Compensation Act was procedural or substantive. We held that a new amendment should be given retroactive effect because it was the express intent of the legislature and further stated:
"The general rule is that if an amendment is to a procedural statute and it does not prejudicially affect the substantive rights of the parties, all actions will be subject to the new procedure whether they accrued before or after the change in the law and whether or not a suit had been instituted. See Lakeview Village v. Board of Johnson County Comm'rs, 232 Kan. 711, 720, 659 P.2d 187 (1983). Procedural laws are those that concern 'the manner and order of conducting suits--in other words, the mode of proceeding to enforce legal rights.' Stevenson v. Topeka City Council, 245 Kan. 425, 427, 781 P.2d 689 (1989). Substantive laws establish the 'rights and duties of parties.' Black's Law Dictionary 1429 (6th ed. 1990)." 256 Kan. at 191.
Although not precisely on point we have discussed the substantive versus procedural issue in several other recent cases. In Harding v. K.C. Wall Products, Inc., 250 Kan. 655, Syl. ¶ 4, 831 P.2d 958 (1992), the defendant complained that the removal of the bar of statutory limitations defense was a violation of its substantive and vested rights. We held there was no vested right in a limitations defense, but the converse would be true if a statute of repose was in issue.
In KPERS v. Reimer & Koger Assocs., Inc., 261 Kan. 17, 22-23, 927 P.2d 466 (1996), we dealt with a statute that contained specific legislative intent to be applied retroactively. In an attempt to enhance settlements of KPERS litigation, the statute in issue provided that once judicial approval of the settlement existed, the settling party was then discharged from all liability for contribution or noncontractual indemnity as to any other individual or entity. In upholding the constitutionality of the statute on both due process and separation of powers grounds, this court noted:
"'[A] mere expectancy of future benefit, or a contingent interest in property founded on anticipated continuance of existing laws, does not constitute a vested right.' 228 Kan. at 473-74, 618 P.2d 778; see Resolution Trust Corp. v. Fleischer, 257 Kan. 360, 365-68, 892 P.2d 497 (1995). 261 Kan. at 41.
. . . . .
"Rights are vested when the right to enjoyment, present or prospective, has become the property of a particular person as a present interest. Board of Greenwood County Comm'rs v. Nadel, 228 Kan. at 473, [618 P.2d 778 (1980)]." 261 Kan. at 43.
Recognizing insulation from derivative suits as a substantive and vested right would have the effect of recognizing that the violations contained in Halley and the LLC's petition did exist (which we are required to assume in considering the motions to dismiss) but would also have the effect of upholding the two decisions below that no remedy exists. Neither a member nor a third party can claim a right to be protected from suit for its claimed tortious actions and breach of the agreements under which the LLC operated. The derivative action does nothing more than allow the LLC to realize any present rights it already has.
The wording of K.S.A. 2000 Supp. 17-76,130 to K.S.A. 2000 Supp. 17-76,133 is clearly procedural in nature and defines the right to bring an existing action, describes the proper plaintiff, sets forth what the petition must contain, and allows for award of expenses. We hold all of these provisions are procedural in nature and apply to the actions pending in the three appealed cases. Implicit in this ruling is that it is constitutionally applied.
It is clear that Halley has the right and is empowered under the specific language of the KRLLCA to bring an action in the right of the LLC. Halley has appropriately requested benefits for the LLC in some counts of his counterclaim and petition, but in others he may have requested individual damages which are in fact derivative damages. We will not as an appellate court attempt to sort out these claims, as the trial court must do so once discovery is complete. In addition, it is important to point out that we have resolved the issues primarily based on our standard of review, and we express no opinion on the merit of Halley's or the LLC's claims which must be fully proved at trial.
Other arguments
Bill Creach's argument is misplaced that the provisions of K.S.A. 17-7631 show the legislature did not intend for derivative suits to be available against members or managers of a limited liability company. Reading 17-7631 with 17-7620 shows that 17-7631 is not a shield from liability to a member or manager who commits actionable conduct against the LLC but rather a codification of the limited liability of managers and members for debts owed by the LLC. Further, K.S.A. 17-7631 was included in the revised statute (K.S.A. 2000 Supp. 17-7688) along with the provisions specifically authorizing derivative suits, and such inclusion is contrary to an original intent to deprive members of the power to file a derivative suit.
Bill Creach's argument that there is no right for a breach of contract suit if such is not authorized in the operating agreement is disingenuous, not raised below, and simply wrong.
Bill Creach's argument that Halley cannot adequately represent the interests of the LLC under the language of K.S.A. 60-223a is without merit.
We will not reach or discuss the claims of res judicata or collateral estoppel arising out of Judge Koger's ruling in the Barnabe bankruptcy case, as such was not properly cross-appealed, not decided on the merits, and is not within the necessary requirements for either res judicata or collateral estoppel to have any effect in this case.
Additionally, we will also not reach or discuss the claims that count III of case No. 98CV1290 or count V of case No. 98CV4900 are legally deficient, as this question was not cross-appealed, and had it been, the record is not such that we could or should attempt to resolve such issues on a motion to dismiss. Judge Davis held in his summary judgment ruling that issues of fact remained, and we leave it to the trial court to resolve these questions at the pretrial.
While we may not have discussed every argument made or issue raised, they have been considered and found not to affect the decision we have reached.
Finally, we suggest that these cases either be consolidated or assigned to a single judge in the interest of judicial economy.
We affirm the ruling by Judge Davis in case No. 98CV237, denying the motions for summary judgment on Halley's counterclaim. We reverse the rulings by Judges Elliott and Russell in cases Nos. 98CV1290 and 98CV4900 and remand for further proceedings.
SIX, J., not participating.
LEWIS, J., assigned.1
1REPORTER'S NOTE: Judge Lewis, Judge of the Kansas Court of Appeals, was appointed to hear case No. 83,293 vice Justice Six pursuant to the authority vested in the Supreme Court by K.S.A. 20-3002(c).


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Birds of Prey Captivate Packed Lectureby Gary James '10 • January 25, 2008 Share:
Learning about Bald Eagles and Barn Owls is one thing. Witnessing a live demonstration with the birds of prey a few feet away is a fowl of a different feather. The audience at Thursday night's environmental education presentation in Baxter 101 experienced both scenarios.
Bird-handlers Karen Wilbur and Danielle Dickerson captivated capacity crowd of guests by sharing little-known facts about birds of prey as the fowls rested on their arms or flew across the room. See photos of more of the birds by clicking here. (Photos by Clayton Craig '08)
Wilbur opened her presentation by removing Friar Tuck, a Crow, from a set of cages located near the closet of Lovell Lecture Room. She explained the bird's vulture-like tendencies to consume road kill as well as its role at the American Eagle Foundation.
"We named him after the character in Robin Hood because he takes from the rich humans and gives to the poor eagles," Wilbur said, with the black bird gripping her fingers. "People come up and hand him dollar bills, and he takes them, tucks them into his little green box, and then he gets a treat. He has brought in more donations than we've ever had every season because he's so adorable."
The Birds of Prey presentation was conducted by staff members of the American Eagle Foundation, a non-profit organization based in Pigeon Forge, Tennessee dedicated to protecting the Bald Eagle. The program was coordinated by Gina Bowman and Jerry Bowie of the Center for Academic Enrichment, and it is the first event of the semester organized through the Experience Indiana Speakers and Artists Series.
The presentation featured information about and demonstrations by a wide range of birds, including owls, eagles, falcons, hawks, and vultures.
Information about some of the birds dispelled common myths.
"There are lots of stories about owls," Wilbur said, just after replacing Jupiter, a brown large Barn Owl, back into his cage. "You've all probably heard of the wise old owl. Well, sorry to break this to you, but owls are probably the least intelligent bird you are going to see up here today. Their eyes are so big that there is little room for a brain. They are smart enough to survive. But that's about it."
Information about other birds confirmed what some people may have already assumed.
Dickerson moved around the room so the audience could observe Jesse, a Red-Tailed Hawk. She described the species as exceptional hunters, assisted by incredibly sharp vision.
"They can read fine print on a newspaper for up to a mile away," Dickerson said. "They can see a rabbit running up to two miles away."
Despite the competition, the final fowl of the show, a Bald Eagle named America, refused to be upstaged. In terms of story and interaction, he stood out above the rest. He was born during a time when there were only 417 pairs of bald eagles in the contiguous United States. He was first found in Michigan injured by a gunshot wound to the wing. After being nursed back to health and returned to Tennessee, he was later found starving in Missouri. Now he's part of the American Eagle team.
America's size and majesty commanded the audience Thursday night. His claws were attached to a lash because he attempts regularly to flee his trainer. His piercing stare and strong, wide wings and body hovered in the air above Wilbur as she waited patiently for the show's star to cooperate. She finished the story by recounting her visit to the Lincoln Memorial when Bald Eagles were taken off the endangered species list, with almost 10,000 pairs now in existence as a result of preservation legislation.
"We are very proud of this little boy right here," Wilbur said affectionately. "And this our nation's living symbol."