text:
March of Ghosts, the new album from Gazpacho is OUT NOW.
Classic Rock Prog have described it as a 'thrilling example of how this band combine straightforward songwriting with subtly layered arrangements and gently executed dynamic shifts' before going on to state that it is 'an album that hides its depth, grit and versatility behind a disarming mist of frailty, but with immense emotional weight, making every gorgeously sorrowful moment count... aside from marvelling at the sheer beauty of the whole thing, you may find yourself feeling both exhausted and curiously uplifted as the last chords die away'
Click here to sign up to the Kscope mailing list and download giveaway track 'Black Lily' from March of Ghosts
Promo for 'What Did I Do?'
'What Did I Do?' is based around the story of the English writer P.G. Wodehouse who was accused of treason after a series of broadcasts he did on German radio during WWII. He was interned as a foreign national by the Germans and spent some time in prison camp before finally being released at 60.
After he was released he stayed for some time at a country estate where he was informed of what crimes the Nazis were guilty of and how impossibly stupid it was to agree to broadcast on their radio.
It is his ghost we hear sitting on the porch listening to the gramophone recordings of the broadcasts trying to understand why these simple funny narratives had caused such an uproar. The song also deals with our level of involvement in society. Are we by birth under any obligation to take part in whatever political or social system we are born into?
Directed and edited by James Jones Morris www.jamesjonesmorris.co.uk
Watch this on Vimeo or YouTube
Order the album from the Kscope store HERE
...or order from any of these digital stores:
The new studio album from acclaimed norwegian post-progressive art rockers
Gazpacho return with their new album, 'March of Ghosts', which is out now.
Formed in Oslo in 1996 by childhood friends Jon-Arne Vilbo and Thomas Andersen along with Jan-Henrik Ohme (later joined by Mikael Krømer, Lars Erik Asp and Kristian Torp), Gazpacho have honed their unique sound over a string of critically acclaimed albums and numerous tours, including several with long-time supporters Marillion.
March of Ghosts is the band's follow-up to Missa Atropos, which was released on Kscope in 2011 along with the live album, London. London was recorded on the band's recent European tour and the success of this tour helped provide the genesis for March of Ghosts, as Jon-Arne explains: 'the previous tour gave us lots of inspiration. So, the week after returning we went straight into the studio to capture whatever came. As a result, the majority of the album was written in a day writing orgy where the band got together and jammed for a full day and night… "March of Ghosts" was surprisingly easy to write.'
Such was the success of these early sessions that a lot of the material that can be heard on the final album comes from this original jam session. This material was then honed, dissected and refined throughout the summer and autumn of 2011 to create a coherent whole.
While Missa Atropos can be viewed as a concept album, following the story of one person leaving everything behind, Thomas sees March of Ghosts is much more as a collection of short tales; 'The idea was to have the lead character spend a night where all these ghosts (dead and alive) would march past him to tell their stories.'
Characters include Haitian war criminals, the crew of the Marie Celeste, a returning American WWI soldier who finds himself in 2012 and the ghost of an English comedy writer who was wrongly accused of treason and who will sit for eternity listening to gramophone recordings of the broadcasts he did on enemy radio. As lead singer Jan-Henrik explains, 'They are short stories. They are a march of ghosts. They are tales that need to be told.'
Order the album from the Kscope store HERE
...or order from any of these digital stores:
Album Montage
Hell Freezes Over I
Hell Freezes Over II
Black Lily (download)
Gold Star
Hell Freezes Over III
Mary Celeste
What Did I Do?
The Dumb
Hell Freezes Over IV
Gazpacho in the studio recording 'What Did I Do?'
Order the album from the Kscope store HERE
...or order from any of these digital stores:
Track by Track
Kscope caught up with Gazpacho recently in their studio in Oslo, where Thomas and the guys talked us through 'March of Ghosts' track by track.
Gazpacho - March of Ghosts (track by track) from Kscope on Vimeo.
Click here to sign up to the Kscope mailing list and download giveaway track 'Black Lily' from March of Ghosts
Playing live
Before they headed out on tour, the band told us their thoughts about life on the road and playing live.
Gazpacho discuss touring and life on the road from Kscope on Vimeo.
Click here to sign up to the Kscope mailing list and download giveaway track 'Black Lily' from March of Ghosts
Order the album from the Kscope store HERE
...or order from any of these digital stores:
Here is the new promo for forthcoming single Black Lily
Created by Ashley Dean and Broken Pixel, in collaboration with Antonio Seijas, the creative mind between the characters that appear in the album artwork.
Gazpacho - Black Lily (from March of Ghosts) from Kscope on Vimeo.
Here is the recent Kscope Podcast, featuring new music and an interview with Gazpacho, from Krypton Sound Planet in Oslo
YTSEJAM.com Review
Having released an album every 1-2 years, Gazpacho are one of the most active bands in progressive rock, but still they have remained one of the genre's best kept secrets - that is until of recent. Being even more provocative since their signing to Kscope music, this Norwegian sextet has expanded upon their sound moving from their blatant soundscapes in tow with both an atmospheric & ethereal vibe to a more intricate exposition of nu-prog.
As their seventh studio album entails, March of Ghosts provides the mannerisms of their past records ranging from When Earth Lets Go to Tick-Tock with the melodic spasms of late period Anathema and Nosound, but with more of a precarious aura ala Radiohead, Riverside & Muse, riding on the strengths of the musicianship coexisting with their bold songwriting approach.
Alongside the ethereal moodiness provided by the pianos/keyboards, the dense melodies, & spacious reverb, you have the experimental tendencies and even some Celtic folk elements utilized in a passive aggressive manner - the four-part 'Hell Freezes Over,' scattered around the album runs through the traditional motifs of the band, adding edginess with more straight ahead acoustic elements and even metal at times. 'Gold Star,' 'Mary Celeste,' & 'Golem' could easily be fodder for modern college radio, offering up sophisticated tunage to the new era of both alternative and indie rock - there is potential to cross over into the mainstream, without bowing down to corporate lies.
The whole album is conjoined by the band's knack for strong production and musical narratives, and Jan-Henrik Ohme's vocals are reminiscent to Thom Yorke & Matthew Bellamy, adding more fuel to the fact that thesis Norwegians have mastery at creating their own sound in relevant to Britpop & Shoegaze. This is their day and March of Ghosts is the album that will move them beyond just the prog audience - no candy-ass Marillion or Dream Theater clonage here.
Added: January 14th 2012
Reviewer: Tommy Hash
Score: 5 STARS
Order the album from the Kscope store HERE
...or order from any of these digital stores:
Downloadable PC Desktops
Right click on the size required for your desktop under the image you want to download and 'save as' to save to your pc (ctrl + click on a Mac). Then go to Control panel > display > desktops and select the image (System Preferences on a Mac)
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Order the album from the Kscope store HERE
...or order from any of these digital stores:
Also on Kscope

subset: commoncrawl


text:
If his company's historic IPO filing and Google+'s meteoric rise are foremost on the mind of Facebook founder Mark Zuckerberg, a close third is surely the inexplicably expansive collection of online fan fiction in which he is a featured character subject to all manner of bizarre scenarios and nonsensical predicaments.
The strange little corner of the Internet known as "fanfic" offers a venue for anyone to craft stories based on their favorite books, movies, TV shows, and even video games. Within this vast layman's dream factory, you will find everything (ev-er-y-thing) from treatments for unfilmed episodes of According to Jim to imaginary meetings between former American Idol competitor Adam Lambert and Buffy the Vampire Slayer right on through to torrid bouts of erotica in the world of Stargate SG-1 (NSFWly linked later, if you're interested).
You know who else gets the fanfic treatment surprisingly often? Mr. Facebook himself, Mark Zuckerberg.
Like so many other works that live at the axis of teen and geek culture, last year's dorm-to-domination saga The Social Network truly capturedthe imagination of the global fanfic community. In order to keep the magic of TSN rolling along beyond the credits, online fanficers have amassed a not-insignificant anthology of alternate realities, what-if scenarios, and unfathomable crossovers featuring everyone's favorite socially awkward kazillionaire.
The borrowed characters in fanfic often wrestle with secret inner conflicts that are nowhere hinted at in the original material, in the process revealing far more about the authors than was probably intended. And these tales of Zuck are no different (frequently leading to adult situations and language in the links, hence the NSFW designation on this post). But unlike the fanfic incorporating Indiana Jones and Alf, Social Network fic has an added surreal sheen in that it incorporates very real people behind a ubiquitous web utility.
Below we present synopsis of a few of our favorite Social Network sagas. If these works happen to spark your inner scribe, please feel free to leave your own brief fanfic on the trials and tribulations of one Mark Elliot Zuckerberg in the comments. We imagine that someone working at Facebook reads DVICE who could pass it along right to the top. And who knows, you might be asked to be the official bard of FB! But of course, you would just turn it down, because like a true fanfic writer, you're just doing it for the love.
(Please note there's an implied [sic] throughout the quoted sections.)
1. Mark and Eduardo: more than just friends
Many of The Social Network's reimaginings center around the frayed relationship between Mark Zuckerberg and his friend/initial Facebook backer Eduardo Saverin. Several authors envision an imaginary meeting when the two reconcile their differences. One touching take on this scenario is The Hero of Your Tonight by author "xheartoflifex." This unfilmed sequel features the two social media entrepreneurs working to mend their friendship. But in the process, they find they may be looking to establish much more (which, you will see is a peculiarly common theme in the Facebook fic world)...
Mark takes a step closer to him, and then another. To the point where they're practically touching. Eduardo closes his eyes, feeling the unshed tears across his lashes, because at this point, it physically hurts. He doesn't have the strength in him to push Mark away, so when Mark grabs a fistful of his soaking wet collar, yanking him forward into a kiss, Eduardo can only fall into it.
See that was what the split was really about. Good on those two for working things out.
Image credit: Reuters
2. Mark meets Magneto, discusses privacy
Author "shinygreenwords" regales us with the tale First Class Facebook, which details the time when Magneto and some of his mutant rebels storms into Facebook HQ to demand that Mark force Charles Xavier to befriend him. When Mark refuses on the count of "privacy," Magneto has Angel threaten the life of co-Facebook founder Dustin Moskovitz. Mark tries to reason with the powerful mutant, and the two come to realize they have much in common...
"He was my only friend," Magneto says, shedding a manly tear. "He was there for me."
"I know how that feels," Mark says mournfully. "I built Facebook for my best friend." Well really it was for Wardo so he could impress his dad but semantics.
"I built him Cerebro."
"I am the second youngest billionaire in the world and I'm completely miserable because I miss Wardo."
"I'm the baddest mutant and all I want is Charles's attention."
"He gave me 19 thousand dollars to start up this company and we had groupies."
"He gave me life. He saved me," Magneto says, a perfect tear rolling down his perfect face.
For the record, we are not able to disprove that shinygreenwords is actually Stan Lee.
3. Mark is a lady and gets pregnant by Eduardo
Did you ever wonder what would happen if you combined an Internet billionaire with a completely earnest version of the Arnold Schwarzenegger pregnant man romp Junior? Well, one author did for some reason. The short story The Unexpected Arriving portrays a 20-year old and pregnant tech CEO named Mark Zuckerberg who has found herself the midst of being sued by her former best-friend and baby daddy, Eduardo. We follow the tribulations of the youthful queen of Silicon Valley as she gets ready to take on single motherhood with gusto and a renewed sense of self-worth. This is the Eat, Pray, Love of Facebook fic.
Mark makes it into the office by eight-thirty, and the first thing she wants to know is if Dustin managed to finish the coding she left for him, and thankfully, he has. After that, she retreats into her office and does not come out until her assistant comes in to tell her that "Mr. Saverin is here to see you," and that sends a jolt down her spine that sends her running for the bathroom. Damn. She thought she was done with that for the day.
Seriously, extra points for originality on this one.
4. Wardo becomes a vampire
Vampires are popular now. So, I suppose this untitled mash-up of the business of social media and the bloodsucking undead was inevitable. In this version, Eduardo has become one of the children of the night and is back to take what is rightfully his.
And then at the shareholder meeting — held in the evening, after sunset, just as promised — Mark realizes just how wrong he was. Eduardo is extremely suited to being a vampire.
The skin under his eyes is dark, as if he is exhausted, but the eyes themselves are sharper, brighter. Paler skin, a slightly altered set of his mouth. The visible cosmetic changes are individually small, but the overall effect is startlingly obvious. Eduardo is fundamentally different, infused with a smooth grace that gives an impression of masking a lethal strength.
It's like True Blood, but with greedy geeks.
Image credit: Getty Images
5. A post-modern take on Mark and Eduardo's love
For every genre, there is an artist who pushes the boundaries of the possible. In the realm of Facebook fiction, that visionary is "eccedentesiast." In a unique twist, the meta-tastic Attraction centers around the actors portraying Mark and Eduardo in The Social Network, Jesse Eisenberg and Andrew Garfield. As they rehearse for filming they both come to realize "Andrew knows that Eduardo is in love with Mark. He's known it since the beginning. It's all so obvious to him, from the way that one of the first few things Eduardo says are 'I'm here for you', to the way that he tries his hardest to understand and protect Mark. Yes, Eduardo is in love with Mark.
"Jesse knows that Mark is, in some way, feeling something, for Eduardo. The two are very close friends, but Mark is highly intelligent and emotionally distant. Almost to an Autistic level. Mark does not know how to handle his softer feelings for Eduardo. That's why it's so big for him to say 'I need you'."
As you might expect, the natural thrust of story takes the two young actors there. Later, at the movie premiere the perfectionist Andrew Garfield looks back on his performance...
Andrew is about to walk of the theater. He's caught ninety-six nonexistant flaws in his performance. But then he sees Sean answer the door to a soaking wet Eduardo. He looks at Jesse out of the corner of his eyes, unable to hide the smile that rises to his face when he sees that Jesse was doing the same.
They've had many kisses since their first that night in Jesse's room, but they both think that the one that made the scene is their most magical.
As Mark says 'I need you', their hands interwine and in the darkness, they smile.
Just adorable.
As stated earlier this is just a taste. We didn't even touched the heated erotica or the time the rift between Eduardo and Mark is worked out on The Oprah Winfrey Show. Like Facebook itself, fanfic is a way for people to express themselves within the safe confines of a community. And like youthful users on Facebook, many of these authors may cringe with embarrassment if they read back on their contributions in a few years. But isn't that what's great about the web: it enshrines our awkward stages for all eternity!
Also: those unfilmed episodes of According to Jim, Adam and Buffy, and aforementioned Stargate SG-1 erotica. Enjoy!


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Proto Bees
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These are bees I made, and then photographed. This is from a miniature series called The Langstroth Range
In the The Miniaturist photo essay.
6 responses
Leslie Hunziker gave props (23 Jan 2012):
just crazy! love it.
retrogirl gave props (23 Jan 2012):
wooow.. soo great shot ! amazing.
Milt Anderson gave props (23 Jan 2012):
Roberto Larrazolo gave props (23 Jan 2012):
Amazing capture!
Sergej Zlahtic said (23 Jan 2012):
nice picture..
Debbie Smartt gave props (23 Jan 2012):
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Lakewood's Justin Peterson went on his official visit to Central Washington University this past weekend and liked what he saw.
After getting home Sunday night, the quarterback/wide receiver/running back called the Central coaches to inform them that he wanted to be a Wildcat.
"It was a really good visit," Peterson said. "When I first got there they were my No. 1 (school). The coaches were just super nice. They're really welcoming and care about me."
Peterson, who chose Central over other schools such as the University of Redlands (California) and the University of Puget Sound, was recruited as a wide receiver.
Last season, Peterson was so versatile The Herald prep writers began calling an athlete with a passing, rushing and receiving touchdown in the same game a "Justin Peterson." Only one athlete accomplished the feat all season.
"They liked me as receiver and I love receiver so it works out perfectly," Peterson said.
He will likely redshirt his freshman year, a custom for freshmen at Central.
As a senior Peterson helped lead Lakewood to the playoffs, where the Cougars fell to Capital 47-36 in the first round. He was also chosen to Team Washington for the Tanoa Bowl on Dec. 29, which pits some of the top athletes from Alaska, Washington, Oregon and Utah in exhibition games against each other.
At Central, Peterson will be reunited with an old friend, former Lakewood quarterback Justin Lane who just transferred from Illinois State. Lane sent Peterson a text message urging him to be a Wildcat.
"If he gets the starting job, he'll be throwing passes to me," Peterson said.
Now Peterson is just going to focus on his senior year at Lakewood — where he also competes for the Cougars' basketball and track and field teams. He's excited to have his recruiting saga over.
"It's so nice," Peterson said. "I was worried. Wondering if I was going to go to college. It's really nice just to know where I'm going. Now I'm just going to finish up senior year strong."
Peterson and other area football players will be signing their letters of intent on National Letter of Intent Day on Feb. 6.


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Bamboo Shoots Egret Glass Shower Asian Style
- Name:
- Bamboo With Egret Alighting
- Price:
- Technique:
Design elements are Sandblast Sculpted, 3D Carved creating a relief texture of varying depths. Edges of shapes will illuminate bright.
- Specifications:
- 32" x 81" door & 62" x 81" sidelight, ALL 1/2" Clear Temp.
Bamboo Egret Glass Shower Etched Glass Asian Style - Shower in Illuminated Etched Glass Art!Sans Soucie Art Glass has been creating the highest quality custom etched and frosted glass designs for glass shower enclosures available in the industry since 1976. All hand drawn, custom designs, glass etching is achieved by sandblasting the design into the glass. Using various techniques, every design comes in a variety of effects, each creating a unique look that provides different levels of privacy and price. The design can be applied by merely "light" etching it into the surface only, OR it can be sculpture carved deep into the glass, creating a relief texture. Learn more about our Sandblast Effects. As you browse our galleries, bear in mind that any design can be put on any product. So if you see something you like on say a window or table, just know it can be done on a glass shower enclosure, a partition, a door - or any other architectural glass product.
At Sans Soucie, we transform a plain glass shower enclosure into an exquisite work of art that not only provides a stunning custom element to your home, but provides a practical solution for your shower glass. Glass etching obscures water spots and smudges in between cleanings! Choose from our huge collection of designs or let us create a new design according to your specifications!
About this Design:
This design is 3D Carved and features Sans Soucie's Bamboo Egret Glass Shower Etched Glass Asian Style. This glass shower features egrets flying in a bamboo forest. Remember, the design can be sandblasted different ways for different privacy and price levels and pricing, but as shown here, this design is semi private. To fit your specific glass size, our artists will first re-draw the design to perfectly fit your specific glass size and configuration. A custom scale drawing is the first order of business when you place your order. You'll receive a scale drawing for approval in approx. 1 week, before any sandblasting is done on the glass.
About our Glass Shower Enclosures:
• Available Any Size or Shape
• All Glass Will be Tempered for safety
• Worldwide Shipping
• Custom Made to Order
• Sandblast Etched & Carved Glass
• Request a Quote
• See more Glass Shower Enclosures
It all depends on the design you choose (whether an archive design or brand new), and the sandblast effect you choose. Specialty Glass effects (2D, 3D and 3D Painted has a 6-8 week turn-around on average. Solid Frost Effects will be 3-4 weeks on average. All new designs require a custom scale drawing for approval, regardless of effect, and will require a minimum 6-8 week turn-around. Everything is custom made to order and ships worldwide to your door step. Domestic transit times are 1-5 business days. International is typically 5-7 business days. Learn more
From a little to a lot, get the right obscurity level. Glass can be 100% obscure private, semi-private or not at all - just choose what you need.
Start by completing a Quote Request. We'll reply with any questions. You'll receive a price within 1-5 business days. From there, orders are placed with a 50% deposit, balance due on shipping. You'll receive a custom scale drawing of your doors within 7-8 business days from your order date. When your doors are finished, we will email you a shipping notification with tracking number and contact info. for the freight company. In the meantime, we're here to answer any questions so please call (877) 331-3397 to speak to a knowledgeable representative!
Custom showers ship worldwide and are custom hand packed and fully insured. Shipping starts at just $99 for shower doors and will average $200-375 for shipping larger glass shower panels or enclosures. Learn more
Looking for ideas for your bathroom?
Check out these shower and bathroom ideas on Houzz as well as some great remodeling tips!
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Not sure if these are much in the way of pollinators but they are beneficial insects. My question is if the nest structure is itself movable can they be relocated? Will they reorient similar to honeybees? Do they need a few miles to keep them from returning to the original location or can they be moved a few hundred feet?
Any enlightenment on paper wasps would be most helpful.


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Most of us equate the month of April with taxes, bad jokes and rain showers. But it's not all unpleasant. April brings the promise of good weather and summertime, so it's time to start planning accordingly. Get ready for the good things to come and score these great deals.
National Parks: Now that the weather is getting nice, it's a great time to visit the National Parks. They're offering free entrance April 22-26 in honor of National Parks Week. Fun fact—265 of the 398 national parks never charge an entrance fee. For the rest, it ranges from $3-$25 but you'll get in absolutely free during those dates.
Prom Apparel: Prom season kicks off this month and there are ways to save on everything dance-related. Gather a crew and ask for a group discount at the tuxedo rental shop. Order boutonnieres and corsages from your grocery store's floral department. And girls can get hair, makeup and manicures done at a cosmetology school for a major discount.
Summer Camps: If you haven't done it already, book summer camps now! Check the American Camp Association for a list of accredited camps. You can narrow your search by a number of options including the maximum amount you would like to spend.
Camp Backup Plan: Popular camps may already be full.Call the camp director and ask which sessions have the shortest wait list and sign up. If you're okay with last minute plans, call at the end of the first day of camp to see if there were any no-shows or drops. You may also want to look into daycare. Some offer a day camp-like agenda during summertime.
Summer Vacations: Now that camp is booked, it's time to plan a vacation the whole family can enjoy. This summer, airfare will be as much as double when you fly on a weekend as opposed to flying midweek on a Tuesday or Wednesday. Check out the Savings Club for local dining and entertainment offers at your vacation destination.
Final tip: Finally, spring produce is hitting grocery store shelves and farmer's markets are hitting the streets. That means you get great quality and prices on all your spring favorites like artichokes, asparagus, pineapples and strawberries.


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"Body Worlds" at Museum of Nature & Science elicits ewws, ahhs or makes you pass out
On Saturday during the second day of "Body Worlds & The Story of the Heart" at the Denver Museum of Nature & Science, reactions were mostly positive over the new exhibit of human bodies and body parts, although there was one family member who wasn't going to be happy at the next get-together.
"Ewww, that's what Grandma's lungs look like," said a girl of about 10 years old. "I don't even want to touch her now, that's nasty." Her mom told her that wasn't nice, and the girl replied, "Well, you should quit smoking, too. Yours are gonna to look like that, too."
Healthy and diseased lungs, as well as other cancerous tissue, scoliosis-plagued spines, arthritic knees and, my personal favorite, fat that looked like the white stuff on bacon, as seen lining the body of a 300-pound man — enough to make one want to run out of there, literally, as in do a marathon to work off whatever extra weight you might be carrying.
But don't think it's all bad: Really, the best part about "Body Worlds" is the way the plastination process, invented by German anatomist Dr. Gunther von Hagens more than three decades ago, allows the subjects in the exhibits to be placed in such dynamic poses as "The Figure Skating Pair with Woman Lifted," where you can see muscles flexed, or the fascinating stages of fetal development.
It can be a bit much for some people, though, such as the twenty-something gentleman during my morning visit who passed out, hitting his head on a case on the way to the floor. He wound up being fine and walked out on his own, but take the signs they have posted around seriously — if you start to feel woozy or nauseated, tell someone, or sit down on one of the many benches and take a break.
The exhibit runs through July 18, and the museum is open 9 a.m.-5 p.m. daily. Tickets cost $8-$25.50.
"Body Worlds" is also at The Franklin Institute in Philadelphia through Apr. 18 and opens in Calgary, Alberta, Canada on Apr. 30.
For more Travel news and features, visit The Denver Post Travel section.


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ORLANDO, Fla. - A man from Chechnya with links to at least one of the Boston bombing suspects was shot and killed early Wednesday during a violent confrontation at an Orlando apartment with FBI, officials said.
[PHOTOS: Fatal FBI shooting | RAW VIDEO: Ibragim Todashev fight | Friend speaks out ]
The FBI said 27-year-old Ibragim Todashev (pictured above) was shot just after midnight at 6022 Peregrine Avenue in the Windhover Apartments near Universal Orlando.
Three law enforcement officials, speaking on condition of anonymity, said earlier Wednesday that Todashev lunged at the FBI agent with a knife before he was shot. However, two of those officials said later Wednesday it was no longer clear whether Todashev lunged at the agent with a knife. The third had not received any new information since earlier in the day.
The FBI said Todashev initiated the violent confrontation while being questioned by the FBI agent, two Massachusetts State Police troopers and other law enforcement officers.
CBS News reported that Todashev was being questioned about an unsolved triple-homicide that occurred in Waltham, Mass., on the 10th anniversary of the Sept. 11, 2001, terror attacks.
"This was one of the lines of questioning they were shifting into as they went into their meeting last night," said CBS News Senior Correspondent John Miller and former associate director of FBI. "Certainly the FBI wanted to talk to him more and was aware of the idea that he was planning to make that trip."
When asked if the FBI was ready to make an arrest on Tuesday night, Miller said, "there was no indication that they were in a mode to make an arrest. They wanted to talk to him further."
Sources told CBS that that Dzhokhar and Tamerlan Tsarnaev, the suspects in the Boston Marathon bombing, and Todashev, apparently knew the three people.
"There were a number of contacts between him (Todashev) and Tamarlan Tsarnayev," Miller said. "There was a time when Ibrahim was in Boston, there were contacts after he left Boston and returned to Florida."
In a statement, FBI spokesman Paul Bresson said the agent acted on an "imminent threat" and shot Todashev, who was killed. The FBI agent was taken to a hospital with non-life-threatening injuries.
The FBI said a post-shooting incident review team has been dispatched from Washington and will arrive in Orlando by Thursday.
Khusen Taramov, a friend of Todashev, told Local 6 that Todashev knew Tamerlan Tsarnaev, who was killed in a shootout with police near Boston three days after the marathon bombing.
"Back when (Todashev) used to live in Boston, they used to hang out -- not hang out -- he knew him. They met a few times because (Todashev) was a MMA fighter and (Tsarnaev) was a boxer. They just knew each other. That's it," said Taramov, who added that Todashev last spoke with Tsarnaev via phone more than a month ago.
Taramov adamantly stated that Todashev, who was arrested in Orlando earlier this month on charges of aggravated battery with great bodily harm, was not connected to the bombing.
"I know that for sure," he said.
Taranov also said he was questioned by the FBI for four hours on Tuesday night before agents asked to speak to Todashev alone.
"He had really bad feelings last night," said Taranov. "He gave me his mother and fathers number. If something happens, call them."
The arrest of Todashev occurred more than two weeks ago and involved a fight over a parking spot at the Orlando Premium Outlet Mall, according to an Orange County sheriff's arrest affidavit. The affidavit stated that Todashev brutally beat the man and knocked out several of his teeth during the fight. Todashev was jailed for a few hours before being released on $3,500 bond.
"You also had an individual who friends described as a guy who had a temper, you had someone who had a propensity towards violence if you look at the assault arrest and you had a guy who was under stress and tension being the focus of an FBI probe but also a person with what he thought to be advanced fighting skills," Miller said of the FBI's claims of Todashev attacking agents.
Taranov said the FBI had been watching and following Todashev since Tsarnaev was identified as a suspect in the Boston Marathon bombing.
"We had a feeling that a worse-case scenario, that something like (a shooting) is going to happen," said Taranov, who added that Todashev had recently booked a plane ticket.
"He had a ticket to New York. From there, he was going to go home," he said. "(The FBI was) pushing him to stay, saying, 'We want to interview one last time.'"
Taranov said he was surprised when he first learned about the Boston Marathon bombing.
"When I found out it was Chechens (who were named as suspects), I was shocked. I couldn't believe it," he said.
The brother of Tamerlan Tsarnaev, Dzhokhar Tsarnaev, was arrested in connection with the April 15 Boston bombing, which left three people dead and wounded 275.
Friends say Todashev had a Green Card and had been in the United States for several years.
Watch Local 6 News and stay with ClickOrlando.com for more on this story.
Copyright 2013 by ClickOrlando.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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msourial necesitaba un nuevo diseño de logotipo y lanzó un concurso de diseño en 99designs.
Un ganador ha sido elegido entre 39 diseños de 12 diseñadores freelance.
The Harvest Institute
My name is Marianne, I am 28 years old. I just recently changed careers (Solicitor) to Coach! I am a Life and Business Coach. I work independantly to coach individuals, small businesses, executives and leaders. Through weekly, fortnightly or monthly coaching sessions, clients identify what is most important to them and align their thoughts, words and actions accordingly.
Coaches ignite potential. Coaching is about achievement, action, momentum, performance, attracting, creating, possibility!
My desired audience is:
-Generation Y
- Young Professionals
-Small business
-Corporate groups
My target audience is proactive about making change in their life or business- is willing to plan the seed to their own change and do what it takes to cultivate it in order to reap the harvest they desire.
I want strongly to incorporate the metaphor of "a harvest". The idea behind the harvest is that a harvest can only occur when a seed has been planted and cultivated properly. It is a proactive process, if a seed is not planted-nothing happens. I would like this metaphor to represent my coaching..
A seed, cultivating that seed, a harvest..
Being proactive at making a change, doing all that is necessary, reaping the rewards.
I want the logo to be:
1. Clever and interesting
2. Professional
3. Incorporate the above metaphor somehow (be creative!)
The colours I imagine in the logo are very organic colours- like green hues, browns or creams. Nothing too bright or eclectic.
My aim is that this logo will be my branding, recognised everywhere to represent my business. I will use the logo on all my marketing material, letter heads, business cards, website, and on social networking sites.
I like the idea of one logo, in which parts of it can be used for specific purposes. For example, a part of the logo, not necessarily the whole logo could be used on a letter head, or on a business card. In another instance part of the logo could be used on other materials. I am not sure that I am being completely clear on this! I am not sure whether something like this is even possible?
Descubre cómo funciona un concurso de diseño u obtén más información sobre nuestros servicios de diseño de logo.


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Learn the fundamentals of yoga postures in a safe and intimate setting. Heighten self-awareness with the help of meditation techniques. Improve your overall health by building strength, increasing flexibility, enhancing digestion and improving your body's response to stress. Please contact Ed Cardinal at email@example.com or 401-585-5779 to register for class.
Back to All Events
Earlier Event: May 29Full Spectrum
Later Event: May 31Happy Hips


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Good news for Harry Potter fans. Universal Studios Florida is set to open its Diagon Alley on July 8.
The cobblestone alley includes shops that sell magic spells, Hogwart's school supplies and flowing robes.
Ahead of the opening, stars of the series including Helena Bonham Carter, Tom Felton, Bonnie Wright, and Warwick Davis were on hand for a red carpet preview.
Find out what they thought about the attraction.


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Railroad in explosion has its Canadian assets sold
PORTLAND, Maine (AP) — With completion of the sale of the bankrupt railroad responsible for an oil train derailment that killed 47 people, attention now turns to creation of a settlement fund with hundreds of millions of dollars to compensate victims.
Bankruptcy attorney Robert Keach said he's working to establish the settlement fund while sorting through the numerous claims while civil lawsuits in the U.S. are on hold and while a Canadian class-action awaits certification.
"We're in negotiations with people who have liabilities to make a contribution to a significant nine-figure fund. Those negotiations continue," Keach said Monday.
The fiery derailment nearly a year ago in Lac-Megantic was the worst railway accident in Canada in nearly 150 years and led to calls for making oil trains safer across North America.
The $15.85 million sale of the bankrupt railroad — the Maine-based Montreal, Maine and Atlantic — was completed Monday with transfer of the company's Canadian assets to new ownership, officials said.
More than a month ago, parties completed the sale of the railroad's U.S. assets to a subsidiary of New York-based Fortress Investment Group, which has renamed it the Central Maine and Quebec Railway. But the Canadian closing was delayed until regulators issued a "certificate of fitness."
The certificate was issued last week and the Canadian sale was completed Monday with the signing of legal documents and wire transfers of money, Keach said.
Most of the money from the sale will go to creditors.
The settlement fund, however, would be used to pay out claims to victims. The total environmental cleanup alone in Lac Megantic could end up costing between $200 million and $500 million based on early estimates.
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Sam O'Riordan necesitaba un nuevo diseño de logotipo y lanzó un concurso de diseño en 99designs.
Un ganador ha sido elegido entre 136 diseños de 50 diseñadores freelance.
The Jam Tree
The Jam tree will be a friendly cosy neighbourhood café/restaurant serving fresh and locally sourced produce with a Modern British slant.
The restaurant will be open 7 days a week with 45 covers and will be informal café during the day and slightly more formal in the evening for a la carte dining.
The area is affluent with a number of boutique and various independent food stores, butchers, fishmongers, deli's, cheese shops and other foodie related outlets.
Saturday and Sunday will have additional marketing focus on Breakfast and Brunch
"The emphasis being that excellent, tasty, healthy food served in a character filled environment by interesting, polite and impassioned staff for a valued price will engender repeat and new business".
The restaurant will be marketed to the locals who are very food savvy and will expect the best, at the right price
The area is affluent with a lot of successful young families and individuals. The area is stylish and the imediate locality is a throng of lively bars, restaurants and stylish shops. Think Greenwich Village, New York meets Camden Market, London.
The logo needs to be simple so it can be visible on the shop frontage but also versitile so it can be utilised on the Menus and Corporate Stationary.
The Jam Tree will ultimately be a brand incorporating Deli's, Cafes, Restaurants and Bars with The Jam Tree being the coveral brand.
I want to be able to trademark the words as the logo.
Colourwise I am thinking "Hint of Pink or other splashes of bright colours and possibly linked with Charcoal Grey". The logo needs to appeal to both men and women but do not be restricted to this if your creativity takes you elsewhere.
Descubre cómo funciona un concurso de diseño u obtén más información sobre nuestros servicios de diseño de logo.


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In this heroically coordinated prank by a local news crew, an unsuspecting anchor is tricked into first sniffing, then licking her iPad. You say "piezo-electrics," I say brilliant use of technojumble. Please take note, and hope your less tech-savvy friends haven't seen this clip by the time next April Fool's rolls around. [Next Round]
Local News Team Tricks Anchor Into Licking iPad


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Skip to Main Content
Your browser does not support iFrames.
OLB Enrollment
Browser Requirements
Mobile Banking
Mobile Terms & Conditions
Quick Links
Master Card with no annual fee, variable rate. Application available upon request.
The Go-Everywhere, Do-Everything First Check Card. Allow you to access your checking account at all merchants that accept Master Card and Visa.
Make cash withdrawals, balance inquiries, funds transfers, deposits and loan payments from the safety and comfort of your car 24 hours a day from our ATM machine using your debit card. There is no charge to use our machine and your card will work at hundreds of other ATM machines across the country.
24 hour drive-up ATM service. Check balances, transfer funds, make deposits, get cash.
124 S. Main St Boaz Alabama 35957 | Phone: 256.593.8670 | Fax: 256.593.6488 | Toll Free: 1.855.593.8670


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Prince of Peace Towel
Sale price
Regular price
The reason for the season. Our vintage-inspired holiday towels, made of 100% premium cotton, are household staples that won't skimp on style.
Whether you gift this pretty piece to your friends, place it beside your perfect holiday cookie tray, or grab it in a pinch when Auntie Hazel tips over that third glass of eggnog, our highly absorbent flour-sack towel is up to the task.
Our flour-sack Tee-Towels are:
- The perfect gift!
- 100% premium cotton fabric.
- 30x30 inches in size
- Highly-Absorbent
- Soft and Durable
- Breathable - perfect for yeast recipes (Christmas morning sticky rolls, anyone?)
- Pre-shrunk
- Versatile
- Made in the USA
- Designed and printed with love in Elizabeth, Colorado


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We're great at what we do. A collection of the world's finest Life Science recruiters working for the world's best Life Science consultancy.
We take time to understand your current situation and more importantly, your future needs - regardless of your location, specialism or market.
I am looking for competitive, resilient people to develop their career in sales with us. If you want to earn a...Find Out More
Barrington James is an award winning recruitment consultancy. We offer our staff uncapped earnings with a Year...Find Out More
Barrington James are an award winning Recruitment consultancy and we are growing fast! I'm looking for a brand...Find Out More
Recruitment Consultant/ Frankfurt/ 6 month training based in LondonFind Out More
Work for a Top 10 Recruitment companyFind Out More
Barrington James are now looking for a Business Development Manager / Head of Business Development to support...Find Out More
I'm currently partnering a small to medium sized Pharmaceutical Company based in Spain looking for...Find Out More
With offices across three continents, a member of the Barrington James team is always on hand to answer your enquiry, any time of the day or night. A truly global staffing solution for today's modern professional.See Our Locations
A no win, no fee service. Expect, as we do, that Barrington James performance will be outstanding in the speed of turn round of assignments, the quality of communication the client receives on the process and the standard of candidates presented.Find out More
A first-rate executive search team whose job it is to keep a close eye on scarce candidate communities. Specilaising in key appointments and board level hires. Experts in creating the right market strategy to fit specific client recruitment need, no matter sensitive, or specialist, or important.Find out More
A dedicated Contracts Team of vertical market specialists who only network with freelancers. All jobs are fully qualified at the initial stage, with time bound deliverables agreed. All candidates are pre-screened and references checked.Find out More
A true blend of services, enabling our teams to deploy a range of proven techniques and expertise to meet the clients' particular requirements. Typically using strategic advertising, networking and social media, as well as database mining and selective headhunting.Find out More


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Our campus in Brownwood is located seven miles from Lake Brownwood, where fishing, camping, picnicking, swimming, water skiing and boating are the lure. A 'reel' opportunity awaits.
The city of Brownwood is situated in the Pecan Valley on the Pecan Bayou. The lake is a 7,300 acre reservoir created by damming the Pecan Bayou. Together with the many dining and retail choices, there's always something to do after class.
Texas State Technical College (TSTC) in Brownwood is located in a newly-renovated facility, offering you access to state-of-the-art equipment coupled with a broad range of emerging programs. To meet the needs of nearby industry, the Brownwood location provides training and retraining for many West Central Texas companies. The faculty and staff of TSTC in Brownwood are committed to educating students of all ages, and are dedicated to your career success.
Certified data from Fall 2017
City: Brownwood
Population: 19,153
County: Brown
305 Booker St.
Brownwood, TX 76801
More Contact Info
Campus Hours
8 a.m.-5 p.m. Monday-Friday
Campus Map
Clery Report
Programs Offered


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At Dickinson, even the age-old embraces the cutting edge.
In some college classrooms, a lesson about a 2,000-year-old Latin account of the Gallic War might use nothing more than a leather-bound book and a blackboard scrawled with conjugations. Not at Dickinson. Here, that text comes to life through Google Earth animations, GIS visualizations, wiki vocabulary lists and digital scholia.
Whether helping students practice a foreign language by Skyping with native speakers on the other side of the world or working with students to build an augmented reality Civil War walking tour in a history class, Dickinson faculty regularly look for innovative ways to enhance their teaching with the latest state of the art tools. Our academic technology staff ensures that faculty are not only up on the latest in high-tech, but also understand when technology truly enhances learning and when it merely distracts.
Willoughby Fellows
The Willoughby Fellows Program in Teaching with Technology is a year-long opportunity for Dickinson faculty to develop effective, media-rich courses. The program provides training and support to help faculty design and deliver courses that use technology to engage students in active learning.


text: Carly Rae Jepsen is ringing in the holidays as the new face of Wet Seal! In a Q&A with the trendy retailer, the "Call Me Maybe" singer describes her personal style as "colorful, carefree, and experimental," which she clearly demonstrates in their Holiday Campaign . We love that she is the epitome of winter chic in this exclusive pic we scored, rocking cozy essentials in pretty pastels. Carly Rae's knit sweater and accessories (in cool textures and designs) prove that cold-weather apparel doesn't have to lack color! What do you think of Carly Rae's holiday style? Let us know!


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Handmade Knives
Bloodroot Blades builds artisan and custom kitchen knives and other tools designed for everyday use. We employ as many recycled, personal, handmade, and local materials as possible without sacrificing the durability and functionality of the tool. It is our goal to manage our shops, resources, and waste in a way that acknowledges our vital relationships with our neighbors as well as the land. We want the chef, the home cook, and the outdoorsman to have the best American-made tools available, and we stand behind our work with an unconditional, lifetime warranty and free maintenance.


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This is pretty incredible: 23-year-old musician Sam Joseph Delves put together an orchestra and re-scored the RPG Ni no Kuni in its entirety. "With the help of BBC documentary composer Howard Davidson I was able to take the music to the studio with a purpose built video game orchestra in an attempt to film and record as much as possible," Delves tells us. "It is set out as a series of YouTube videos featuring the orchestra playing along to the game. The EP is also available to download."
You can find the whole thing right here.
For comparison, let's look at one of Delves's tracks:
Compared to one of the original tracks, by Ni no Kuni composer Joe Hisaishi:
Now I'm not saying Delves's score is better than Hisaishi's — we're talking about a totally different scale here — but it sure is impressive work.
"I've long been a reader of Kotaku and hoped this might be worthy of a mention on the site," says Delves. "I'm hoping to create some online attention so that I may increase my chance of getting a response from Studio Ghibli or Hisaishi himself, whatever a response that may be!"


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How to fight back pressure against an appliance in a core edge fabric
seb_ 060000QVK2 Comments (4) Visits (25182)
A slow drain device often has a huge impact on the performance of many other devices in a SAN environment. That happens, because they block resources in a fabric other devices use as well. The main example for such a resource are ISLs, particularly the Virtual Channel(s) within those ISLs that are used to reach the slow drain device. But as soon as you have an appliance in the SAN, this could turn... [More]
How to NOT connect an SVC in a core-edge Brocade fabric
seb_ 060000QVK2 Comments (18) Visits (42789)
In one of my previous posts I wrote about "Why inter-node traffic across ISLs should be avoided" . There is an additional "bad practice" that could lead to performance problems in the host-to-SVC traffic. Let's imagine a core-edge fabric. A powerful switch (or director) in its center is the core. The SVC and its backend storage subsystems are directly connected to it. Beside of... [More]


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Bibliopolis Books
- Bibliopolis Books 5 Victoria Terrace High Street, East Runton Cromer, Norfolk NR27 9NY United Kingdom
- +44 (0) 263 513601
- bibliopolis ebooks
- Twitter ( @bibliopolis)
- 2005
Bibliopolis Books have been publishing and selling ebooks on CD-ROM since 2005, specializing in local history and genealogy. More recently we have begun to offer some of our reprints as downloadable e-books.
We have a large collection of parish registers for sale as well as monumental inscriptions, census transcriptions, local histories ands compilation CDs.
We have a particularly good collection of titles on the English counties of Norfolk and Suffolk but cover the whole of the UK.
Parish registers Local histories Suffolk Norfolk
- Location:


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Template:Cyber Chip (Grades 1-5)/req
From MeritBadgeDotOrg
Mobile Menus: Cub Scouts - Scouts BSA - Venturing - Sea Scouts
Grades 1-3
- Read, commit to, and sign the Level I Internet Safety Pledge. (BSA Cyber Chip blue card)
- Watch the video "Bad Netiquette Stinks." (http://www.netsmartz.org/scouting)
- Play the Router's Birthday Surprise Interactive Adventure, and print the completion certificate to give to your den leader. (http://www.netsmartz.org/scouting)
- Show and tell your family, den leader, den, or pack what you have learned.
Grades 4-5
- Read, commit to, and sign the Level I Internet Safety Pledge. (BSA Cyber Chip blue card)
- Watch the video "The Password Rap" and another video of your choosing. (http://www.netsmartz.org/scouting)
- As an individual or with your den, use the Teachable Recipes to demonstrate Internet safety rules to your den leader, den, or pack. (http://www.netsmartz.org/scouting)
- Discuss with your unit leader the acceptable standards and practices for using allowed electronic devices, such as phones and games, at your meetings and other Scouting events.
Please report any issues with this page.


text:
SOUTH EASTON, Mass., March 31, 2014 /PRNewswire/ -- Pressure BioSciences, Inc. (OTCQB: PBIO) ("PBI" and the "Company") today announced that the Company will host a teleconference to discuss its Fourth Quarter and Fiscal Year 2013 financial results an
SOUTH EASTON, Mass., March 31, 2014 /PRNewswire/ -- Pressure BioSciences, Inc. (OTCQB: PBIO) ("PBI" and the "Company") today announced that the Company will host a teleconference to discuss its Fourth Quarter and Fiscal Year 2013 financial results and to provide a business update. Anyone interested may listen to the teleconference either by telephone (live) or through a replay on the Company's website. The teleconference information is provided below:
Date: Tuesday, April 1, 2014Time: 4:15 PM Eastern Daylight Time (EDT)
To attend this teleconference via telephone:Dial-in: (800) 875-3456 (U.S.); (800) 648-0973 (Canada); (302) 607-2001 (International)Verbal Passcode (to be given to the operator): VS78313Conference ID: 880058
The teleconference will include a Company presentation followed by a question & answer period.
For those unable to participate in the live teleconference, a replay will be available approximately four hours after the call and will be accessible through the Company's website for 30 days.
About Pressure BioSciences, Inc.
Pressure BioSciences, Inc. ("PBI") (OTCQB: PBIO) develops, markets, and sells proprietary laboratory instrumentation and associated consumables to the estimated $6 billion life sciences sample preparation market. Our products are based on the unique properties of both constant (i.e., static) and alternating (i.e., pressure cycling technology, or PCT) hydrostatic pressure. PCT is a patented enabling technology platform that uses alternating cycles of hydrostatic pressure between ambient and ultra-high levels to safely and reproducibly control bio-molecular interactions. To date, we have installed over 250 PCT systems in approximately 160 sites worldwide. There are over 100 publications citing the advantages of the PCT platform over competitive methods, many from key opinion leaders. Our primary development and sales efforts are in the biomarker discovery, drug discovery and design, and forensics areas. Customers also use our products in other areas, such as bio-therapeutics characterization, soil & plant biology, vaccine development, and counter-bioterror applications.
For more information about PBI and this press release, please click on the following link: http://www.pressurebiosciences.com Please visit us on Facebook, LinkedIn, and Twitter.
Investor Contacts: Richard T. Schumacher, President & CEO Richard P. Thomley, Acting CFO Pressure BioSciences, Inc.(T) 508-230-1828
Pressure BioSciences, Inc.


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Wounded Warrior Cyclists Mark Holiday
By Elaine Wilson
Special to American Forces Press Service
SAN ANTONIO, July 5, 2006 - As the city celebrated July 4 with colorful parades and family barbecues, a small group of cyclists rode into Fort Sam Houston marking an independence day of their own.
The cyclists, most of them wounded in the war on terrorism, helped San Antonio celebrate the national holiday by participating in the "Salute to the Union" after a hot and hilly nine-day trip from Dallas.
"It's an amazing thing to see someone who's served their country, who's suffered an injury, say 'I'm still moving forward with my life,'" said Steven Nardizzi, executive director of Soldier Ride, as he acknowledged the cyclists and their accomplishments during the post ceremony.
Nardizzi led a group of wounded warriors and supporters on the Dallas-to-San Antonio segment of the Soldier Ride National Tour 2006, a cross-country cycling event to raise money and awareness for wounded servicemembers. Most cyclists participate in segments of the ride and a few, like Nardizzi, tough out the entire route.
By the tour's end, more than 40 wounded warriors will have ridden in the nearly 4,400-mile trek. The rigorous journey started May 6 in Montauk, N.Y., and will end July 29 in San Diego.
"We know public interest can wane, but we want to remind people that servicemembers are still out there sacrificing and getting injured. We want to tell their stories and honor their sacrifices," Nardizzi said.
"Many of them led very active lives before their injuries, and they still want to do that," he said. "We're not only bringing light to their sacrifices, but we're aiding in their rehabilitation."
Nardizzi is one of the founding members of Soldier Ride, an organization started in 2004 by a group of people in East Hampton, N.Y., who wanted to pay a debt of gratitude to the armed forces. In 2005, Soldier Ride member Chris Carney biked across America with Staff Sgt. Ryan Kelly, a single-leg amputee, and Staff. Sgt. Heath Calhoun, a double-leg amputee. They were joined in segments of the ride by 25 wounded servicemembers.
"I met a lieutenant who used to be an avid runner before his injuries," Nardizzi said. "He told me he didn't think he could cycle but finished the segment to D.C. He can't run anymore, but he can still cycle, still live an active lifestyle."
Master Sgt. Tom Carpenter, a double amputee, was an inpatient at Brooke Army Medical Center here just a year ago. He is now an avid cyclist.
"I saw it as an opportunity to get out of the hospital and do something physically demanding," he said. "It increases your confidence."
Although an experienced cyclist, Nardizzi said he has the highest admiration for people like Carpenter, who must use a hand cycle, a three-wheeled cycle that is pedaled with the hands, to ride.
"I've tried it, and it's difficult," he said. "Our arms aren't meant to propel our bodies. But he gutted it out."
Carpenter rode in the Dallas-to-San Antonio segment of the tour said he and hopes to complete the ride across Texas next year.
"I've seen soldiers transform because of the Soldier Ride, because they are part of something," Carpenter's wife, Connie, said. "It's great to be an American, to be able to have the resources to heal and prove that you can do anything. I feel very proud to be an American today."
(Elaine Wilson is assigned to the public information office at Fort Sam Houston, Texas.)
Related Sites:
Soldier Ride [http://www.soldierride.com/]
America Supports You [http://www.americasupportsyou.mil/]
NOTE: View the original version of this web page on DefenseLINK,
the official website of the U.S. Department of Defense, at


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Health/Fitness » Health
To raise awareness about the unjustified blanket restrictions on gay and bisexual men donating blood, the Peter Tatchell Foundation has launched a campaign with the message "Screen the blood, not the sexuality."
They created "The Gaydr" -- a pseudo "gay detector" device -- which they used to scan heterosexual men on their way to a blood bank in central London, in order to make them feel the same sense of exclusion experienced by sexually active gay and bisexual men in many countries. The spoof Gaydr scan informed them that they were actually gay and not allowed to donate blood.
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text:
No. 88,204
1. Whether an impairment is significant under K.S.A. 16a-5-109 is a question of fact.
2. The creditor has the burden of establishing the prospect of significant impairment by a preponderance of the evidence.
3. A creditor arguing significant impairment under the Uniform Consumer Credit Code (UCCC) must meet a more stringent test than the Uniform Commercial Code (UCC) test for acceleration. The UCC test for acceleration is whether the creditor in good faith felt insecure.
4. The trial court may consider the reasonable beliefs of the creditor along with other relevant evidence to determine significant impairment under the UCCC.
5. A court must look at a variety of factors to determine whether significant impairment existed. The factors will vary in each case, and there is not a comprehensive list of potentially applicable factors.
6. K.S.A. 16a-5-109 limits default in a consumer credit transaction to two specific instances: (1) where the consumer fails to make a payment; and (2) when the prospect of payment, performance, or realization of collateral is significantly impaired.
7. K.S.A. 16a-5-201(8) is mandatory regarding attorney fees for a violation of K.S.A. 16a-1-101 through 16a-9-102 and is not a matter within a court's discretion.
Review of the judgment of the Court of Appeals in 31 Kan. App. 2d 250, 62 P.3d 680 (2003). Appeal from Johnson district court; GERALD T. ELLIOTT, judge. Judgment of the Court of Appeals reversing the district court is reversed. Judgment of the district court is affirmed. Opinion filed January 30, 2004.
Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, argued the cause and Janae S. Bennett, of the same firm, was with him on the briefs for appellant.
Timothy J. Turner, of Overland Park, argued the cause and was on the brief for appellees.
The opinion of the court was delivered by
NUSS, J.: This case concerns a consumer credit transaction between borrowers David and Ronda Green and their lender Johnson County Auto Credit, Inc. (Auto Credit). The loan was secured by the Greens' van which Auto Credit repossessed and sold because it believed its collateral had been significantly impaired. The district court granted Auto Credit a deficiency judgment against the Greens but also granted judgment to the Greens on their counterclaim because the repossession violated the Uniform Consumer Credit Code (UCCC), K.S.A. 16a-1-101 et seq. The court also granted the Greens' accompanying request for attorney fees under the UCCC.
Auto Credit appealed, and, in a split decision, the Court of Appeals reversed. Johnson County Auto Credit, Inc. v. Green, 31 Kan. App. 2d 250, 62 P.3d 680 (2003). It essentially held that a borrower's failure to insure a secured vehicle as required by the terms of a consumer credit transaction overrides all other facts and by itself constitutes significant impairment of the collateral as a matter of law under K.S.A. 16a-5-109. We granted the Greens' petition for review under K.S.A. 20-3018(b).
The parties present three issues on appeal:
1. Did the Court of Appeals apply an erroneous standard of review?
2. Did the Court of Appeals err by holding that the failure to insure a secured vehicle, by itself, constitutes significant impairment under K.S.A. 16a-5-109(2) as a matter of law?
3. Did the district court err in awarding attorney fees?
We reverse the Court of Appeals and affirm the district court.
In February 1996, David and Ronda Green purchased a 1989 Ford Aerostar van from Shawnee Mission Ford, making a down payment of $3,000 and financing the remaining $7,598.18 through Auto Credit. The Greens executed and delivered to Auto Credit a promissory note and security agreement, granting to Auto Credit a security interest in the van and promising to make weekly payments of principal and interest of $65.34.
Terms of three separate agreements signed by the Greens required them to carry insurance on the van. Accordingly, the Greens purchased insurance coverage and furnished proof of insurance to Auto Credit. However, on November 6, 1997, their insurer, California Casualty Group, gave notice to Auto Credit of its intention to cancel the van's insurance 15 days later on November 21 for nonpayment of premium. The notice provided that cancellation was rescindable if the "Premium Due" was paid by November 21. Auto Credit received no further notice of whether the Greens' insurance was cancelled or continued and made no inquiry of the Greens or of the Greens' insurer. The Greens later acknowledged their van's insurance coverage terminated on November 21 for nonpayment of premium.
Per one of the signed agreements, Auto Credit had reserved the option to purchase insurance coverage and to add the cost to the Greens' payment obligation. Despite the notice from the Greens' van insurer of imminent insurance cancellation, Auto Credit declined to purchase insurance for the van because its usual practice was not to do so for uninsured vehicles in which it holds a security interest.
Shortly thereafter on November 14, because the Greens had been unable to maintain their schedule of obligations, the Greens and Auto Credit executed an extension agreement providing payment of past due interest and for extension of time to make the next installment payment. Despite the notice from the Greens' van insurer of imminent insurance cancellation, Auto Credit made no demand on the Greens to provide additional proof of coverage.
After signing the extension agreement on November 14, the Greens made five additional payments but failed to make any after December 22.
On January 7, 1998, Auto Credit received the following undated, handwritten note from Mrs. Green:
"Johnson County Auto Credit
"We here we [sic] are again! Our financial situation is falling fast. I am so sorry. We really appreciate all the work you've done for us. We have an appointment on Jan. 12th concerning these issues. We'll be back in contact then!
"Thanks & Sorry again
"Mrs. Ronda Green."
The same day Auto Credit received Mrs. Green's note, it ordered Full Moon Recovery Services to repossess the Greens' van. The special instructions from Auto Credit on the repossession order stated: "We think these folks are going to file bankrupsy [sic]." The van was repossessed from the Greens' residence the next day, January 8.
On February 23, 1998, Auto Credit sold the van for $1,400. It then sued the Greens for the amount of the deficiency on the loan, and the Greens counterclaimed, alleging that Auto Credit repossessed the van in violation of K.S.A. 16a-5-109.
Auto Credit argued to the district court that it relied upon the following factors to establish its belief of significant impairment of the collateral and to justify its repossession:
1. The Greens' past payment history and current status of delinquency in payment on the extension agreement;
2. the notice of cancellation of insurance coverage dated November 6 and effective November 21;
3. the inability to contact the Greens by phone after two attempts;
4. the handwritten note from Mrs. Green, which Auto Credit interpreted to mean the Greens were filing for bankruptcy.
The district court found that payment was 15 days in arrears. It also found, however, that the Greens did not attempt to conceal their whereabouts, despite Auto Credit's assertion that it was unable to contact the Greens on two occasions. The court additionally found, based on the testimony of Auto Credit's employees, that there was no evidence that the vehicle was not at the appropriate location, was in the hands of third parties, had been damaged or allowed to deteriorate, or was otherwise in physical jeopardy.
The district court also found that Mrs. Green remained communicative with Auto Credit by sending a written apology for any late payment and by advising Auto Credit of her intent to meet with an advisor concerning her financial situation. It further found that Mrs. Green's note "expressed no intent to pursue bankruptcy and was subject to several reasonable interpretations." The court additionally found that Auto Credit made no attempt to contact the Greens for an explanation of the note prior to ordering repossession of the van, but simply assumed that they intended to declare bankruptcy, although they never specifically used the word "bankruptcy" during their communications with Auto Credit.
The district court then ruled as follows:
"The court finds that Plaintiff has failed to prove that it reasonably deemed the collateral or prospect of payment to be impaired. The repossession [of] Defendants' automobile was a wrongful taking and Defendants are therefore entitled to the reasonable replacement value of their automobile at the time of its taking, i.e., $2,925.00. However, the court also finds that Plaintiff did prove that the balance due on the promissory note was $2,727.70 and Defendants are entitled to set off the value of the vehicle of $2,925.00 against the balance due on the note claimed by Plaintiff in the amount of $2,727.70, leaving a net judgment in favor of Defendants Green in the sum of $197.30."
In a separate journal entry of judgment, the district court reiterated that the taking of the van violated K.S.A. 16a-5-109 and that the court was without discretion to deny the Greens' prayer for an award of attorney fees. It awarded $5,000 for attorney fees, considering the complexity of the issues, the removal of the case from a lower court, the discovery, the research necessary, the trial of the case, and the submission of suggested findings and supplemental suggested findings.
Auto Credit appealed both determinations. A split Court of Appeals reversed on the significant impairment issue, which made the attorney fees award moot.
Issues 1 and 2: Did the Court of Appeals apply an erroneous standard of review and, if so, did the district court correctly determine that the collateral was not significantly impaired?
Our threshold task is to determine the standard of review. The Greens contend that the Court of Appeals failed to apply the proper standard. They assert that the district court issued a negative finding when it determined that Auto Credit failed to prove that the prospect of payment, performance, or realization of collateral was significantly impaired. See In re Estate of Haneberg, 270 Kan. 365, 374, 14 P.3d 1088 (2000) (A negative finding means the party with the burden of proof failed to meet that burden.). See also K.S.A. 16a-5-109 (creditor has burden of establishing significant impairment). As a result, they contend we should not disturb this negative finding absent proof of arbitrary disregard of undisputed evidence or some extrinsic circumstance such as bias, passion, or prejudice. See 270 Kan. at 374.
Auto Credit, however, examines the language of the Court of Appeals' opinion and essentially argues that the Greens' admitted failure to maintain insurance is a breach of contract, that the determination of significant impairment is one of law, and that our review is therefore unlimited. See Lindsey v. Miami County National Bank, 267 Kan. 685, 689-90, 984 P.2d 719 (1999).
The Court of Appeals did not articulate the standard it used for reviewing the district court's decision but stated:
"We hold that when the terms of the promissory note or security agreement for a loan to purchase an automobile require the borrower to insure the vehicle and the borrower defaults on this provision, the collateral is significantly impaired as a matter of law pursuant to K.S.A. 16a-5-109(2) and the automobile may be attached by the lender." (Emphasis added.) 31 Kan. App. 2d at 256.
Auto Credit, and the Court of Appeals, are incorrect for two reasons.
First, whether an impairment is significant under K.S.A. 16a-5-109(2) is a question of fact. In the two cases where this court has addressed the issue, we upheld both district courts' findings of significant impairment on the basis that substantial competent evidence supported their determinations. See Medling v. Wecoe Credit Union, 234 Kan. 852, 859, 678 P.2d 1115 (1984); Prairie State Bank v. Hoefgen, 245 Kan. 236, 248, 777 P.2d 811 (1989). In other words, each district court determined that the creditor had met its burden of proof on the issue. See K.S.A 16a-5-109.
Second, and more important, the district court in the instant case unlike the district courts in Medling and Hoefgen determined that the creditor failed to meet its burden of proof to show significant impairment. This is a negative finding, and as the Greens point out, our resultant standard of review would be even less stringent than the one we used in Medling and Hoefgen. See Haneberg, 270 Kan. at 374.
As discussed below, the Greens prevail under both standards, i.e., negative finding and substantial competent evidence. There is no proof of the district court's arbitrary disregard of undisputed evidence or the influence of some extrinsic circumstance such as bias, passion, or prejudice. Furthermore, the findings of the district court are supported by substantial competent evidence. More particularly, contrary to the Court of Appeals' decision, the Greens' failure to insure a secured van as required by the terms of their consumer credit transaction does not override all the other facts in this case and does not by itself constitute significant impairment of the collateral as a matter of law under K.S.A. 16a-5-109.
Before further analyzing how the Greens satisfy even the higher standard, a look at the statutory and case law is required.
As stated previously, this transaction is subject to the UCCC. While the rights of the creditor and debtor in the default of a secured transaction are controlled by the Uniform Commercial Code (UCC), K.S.A. 84-9-101 et seq., such rights nevertheless may be changed by the UCCC. Kelley v. Commercial National Bank, 235 Kan. 45, 51, 678 P.2d 620 (1984); see K.S.A. 84-9-203(4) (transaction subject to the UCC may also be subject to the UCCC). Where provisions of the UCC and the UCCC conflict, the provisions of the UCCC shall control. Kelley, 235 Kan. at 51.
The UCCC is more restrictive than the UCC on the subject of default. K.S.A. 16a-5-109 provides as follows:
"An agreement of the parties to a consumer credit transaction with respect to default on the part of the consumer is enforceable only to the extent that
"(1) the consumer fails to make a payment as required by agreement; or
"(2) the prospect of payment, performance, or realization of collateral is significantly impaired; the burden of establishing the prospect of significant impairment is on the creditor." (Emphasis added.)
In short, under the UCCC a creditor seeking to enforce the terms of a consumer credit transaction against a consumer who has defaulted on those terms can do so only if either (1) the consumer fails to make a payment required by the agreement or (2) the prospect of payment, performance, or realization of collateral is significantly impaired. Confining default to these scenarios is designed to prevent abuse of the consumer by the creditor. See K.S.A. 2002 Supp. 16a-5-109, Kansas Comment, 2000, subsection 1; Prairie State Bank v. Hoefgen, 245 Kan. at 243 (creditor no longer has unilateral power to define "default" as broadly as he desires in the security agreement).
While both scenarios are the product of efforts to protect the consumer, they also contain a fundamental difference. A creditor seeking to enforce based on the consumer's failure to make a payment is required to send the consumer a notice of the consumer's right to cure. See K.S.A. 16a-5-110(1). The consumer then has 20 days to cure. See K.S.A. 16a-5-111. The philosophy is to give the consumer a fair opportunity to bring his or her payments current before acceleration, repossession, or suit. Medling, 234 Kan. at 860.
On the other hand, a creditor seeking to enforce the agreement because of the prospect of significant impairment is not required to give the consumer notice, and the consumer has no right to cure. K.S.A. 2002 Supp. 16a-5-110, Kansas Comment, 2000, subsection 3. There is no right to cure because unlike a default for a missed payment such a default endangers the prospects of a continuing relationship between the creditor and the debtor. K.S.A. 2002 Supp. 16a-5-109, Kansas Comment, 2000, subsection 2; see K.S.A 2002 Supp. 16a-5-110, Kansas Comment, 2000, subsection 3 (unlike a late payment, a breakdown in the relationship between the consumer and the creditor which constitutes "significant impairment" cannot be cured).
While the creditor under this latter scenario does not have to give notice, it does have the burden of establishing the prospect of significant impairment by a preponderance of the evidence. K.S.A. 16a-5-109(2); Prairie State Bank v. Hoefgen, 245 Kan. at 246. Subsection 2 of the statute therefore changes the UCC in two ways. First, it places the burden of proof on the creditor to justify action on a claim of default of this type. K.S.A. 2002 Supp. 16a-5-109, Kansas Comment, 2000, subsection 2. Contrast K.S.A. 84-1-208 (burden of establishing lack of good faith is on the party against whom the power has been exercised). Second, it also prohibits the so-called insecurity clauses under which default and acceleration can be called whenever the creditor in good faith feels "insecure." K.S.A. 2002 Supp. 16a-5-109, Kansas Comment, 2000, subsection 3; see K.S.A. 84-1-208 (creditor has power to accelerate because of insecurity "only if he in good faith believes that the prospect of payment or performance is impaired"). The creditor arguing significant impairment under the UCCC, therefore, has a more stringent test than the UCC test for acceleration. See Kelley, 235 Kan. at 51 (where provisions of the UCC and the UCCC conflict, the UCCC controls). The trial court may, however, "[a]long with other relevant evidence," consider the reasonable beliefs of the creditor as a factor to determine significant impairment. Hoefgen, 245 Kan. at 243.
We must now consider how to determine whether "significant impairment" exists. K.S.A. 2002 Supp. 16a-5-109, Kansas Comment, 2000, subsection 2, provides general parameters, stating that significant impairment "relates to behavior of the consumer which endangers the prospect of a continuing relationship. It may be insolvency, illegal activity, or an impending removal of assets from the jurisdiction. There must, however, be circumstances present which significantly impair the relationship."
The general contours were somewhat filled in by Hoefgen. There, the trial court's finding of significant impairment which we upheld was based on 13 factors including, among others, the debtor's problems with insufficient funds checks, the declining perishable inventory, declining sales, threats from the debtor's agent, the specter of bankruptcy, and the debtor's threats to withhold future payment. A major factor was the debtor's refusal to communicate with the creditor. 245 Kan. at 245-47.
Five years earlier in Medling v. Wecoe Credit Union, 234 Kan. 852, the creditor had relied upon eight factors: the inability to get the debtor to discuss the loan; the inability to get the debtor to clarify statements regarding a possible move to Michigan; unsuccessful attempts to verify the Michigan address; the uncertain status of a cosigner's employment and residency in Kansas; the knowledge that the debtor was now unemployed; the termination of the debtor's automatic payroll deductions; the creditor's fear that the debtor would leave Kansas with the collateral; and the fact that the loan was at the upper limits of the creditor's lending policy. 234 Kan. at 857.
We upheld the trial court's finding of significant impairment. It had specifically found the debtor advised the creditor on November 27 she would be quitting her job on January 4; in fact, she quit on November 27 and was going to move to Michigan, taking the car to an address which the creditor was unable to identify. The court also found that the creditor contacted the debtor on four different days in December for the purpose of having her come in to explain the inconsistencies between her stated plans and her actual conduct. Each time the debtor promised to come in shortly thereafter but never did. The court also found that after the promissory note was executed, the debtor became divorced from the cosigner, and he was "apparently not very reliable." 234 Kan. at 858-59.
Both Medling and Hoefgen demonstrate that this court has reviewed a variety of factors considered by the district court to determine whether significant impairment existed. The factors in each case will vary, and we have not set out a comprehensive list.
This court, however, has decided no cases addressing whether the consumer's failure to insure collateral, as required by the terms of a consumer credit transaction, by itself constitutes significant impairment. Auto Credit cites Kelley v. Commercial National Bank, 235 Kan. 45. There, the trial court found that the debtor was in default for failing to keep the automobile insurance in effect. Kelley is of no guidance, however, because this issue was not raised on appeal.
Auto Credit also cites Farmers & Merchants Bank v. Copple, 190 Kan. 170, 373 P.2d 219 (1962). There, this court found that a mortgagee could foreclose a real estate mortgage upon a breach of the mortgagors' covenant to keep the premises insured. 190 Kan. at 175. Copple, however, was decided prior to Kansas' adoption of the UCCC. Accordingly, the Copple court did not perform the analysis required in the instant case. Specifically, it did not determine whether the failure to insure while a breach of the agreement also constituted significant impairment of the prospect of payment, performance, or realization of collateral. Moreover, unlike the instant case, Copple does not provide that even after the creditor learned of the imminent cancellation of insurance that it entered into a new agreement with the debtors and continued receiving regular payments. Instead, the Copple creditor made the insurance payment for the debtors on the day it was due and then sued.
We acknowledge that courts in other states have ruled that the debtor's lack of insurance, as required by an agreement, constitutes default, allowing the creditor to repossess the collateral. Ash v. Peoples Bank of Greensboro, 500 So. 2d 5, 7 (Ala. 1986); Wagner v. Ford Motor Credit Co., 155 Ga. App. 729, 729-30, 272 S.E.2d 500 (1980); Ford Motor Credit Co. v. Neiser, 196 Ill. App. 3d 515, 527, 554 N.E.2d 322 (1990); Johnston v. Stinson, 418 So. 2d 805, 806 (Miss. 1982); McCall v. Owens, 820 S.W.2d 748, 751 (Tenn. App. 1991). However, these cases do not hold that under statutes similar to K.S.A. 16a-5-109, failure to insure automatically constitutes substantial impairment. Indeed, they make no mention of the UCCC, much less make any application of the code to the specific case facts to determine whether the lack of insurance significantly impairs the prospect of payment, performance, or realization of collateral.
Nevertheless, Auto Credit argues that the lapse or cancellation of insurance coverage is a clear indication of impairment of the collateral, asserting that there is no category of collateral more subject to destruction than a motor vehicle. It asserts that a vehicle can be destroyed by storm, fire, or collision and is highly susceptible to theft and vandalism. Auto Credit concludes that failure to insure alone constitutes significant impairment of collateral as a matter of law under K.S.A. 16a-5-109.
Essentially, Auto Credit argues that the Greens' failure to insure overrides all other facts in this case. Judge Pierron's dissenting opinion for the Court of Appeals in the instant case expresses the problem with that approach:
"Failure to insure a vehicle as required by the financing agreement could certainly be a factor leading to the conclusion that the collateral was significantly impaired. However, in the instant case, it did not seem to be a weighty one in the mind of Auto Credit, as it apparently took no action because of it." 31 Kan. App. 2d at 257-58.
In rejecting Auto Credit's argument, we also affirm the analytical path we took in Medling and Hoefgen, i.e., examining all the facts relevant to the issue of significant impairment.
Here, the district court found that the van was not insured and payment was 15 days in arrears at the time of repossession. It also found, however, that despite Auto Credit having been informed of the imminent insurance cancellation, Auto Credit did not follow up with either the insurer or the Greens to learn if the insurance had been actually cancelled nor did Auto Credit purchase replacement insurance itself and pass the cost on to the Greens. It also found that despite Auto Credit's reliance upon the insurance cancellation as a basis for believing its collateral was significantly impaired after Auto Credit learned of the insurance problem, it executed an extension agreement and accepted five payments under the agreement.
The district court also found that the Greens had not concealed themselves or the collateral, that the collateral was not in physical jeopardy, that the Greens remained communicative with Auto Credit, and that the note from Ronda Green expressed no intent to pursue bankruptcy. It found that these factors, taken together, did not constitute a significant impairment of the prospect of payment, performance, or realization of the collateral.
Given our deferential standard of review of a district court's findings, we hold substantial competent evidence exists to support these findings of the district court. See Hoefgen, 245 Kan. at 246. There certainly has been no proof provided on appeal that the district court arbitrarily disregarded undisputed evidence or was influenced by bias, passion, or prejudice when it found Auto Credit had not met its burden of proof. See Haneberg, 270 Kan. at 374. Accordingly, under the facts of this case, Auto Credit's repossession of the Greens' van was wrongful because it violated K.S.A. 16a-5-109.
Issue 3: Was the district court's awarding of attorney fees appropriate?
The Greens argue that because the van repossession was wrongful, Auto Credit must pay their attorney fees of $5,000.
K.S.A. 16a-5-201(8) addresses the attorney fees issue:
"In an action in which it is found that a creditor has violated any provision of K.S.A. 16a-1-101 through 16a-9-102, and amendments thereto, the court shall award to the consumer the costs of the action and to the consumer's attorneys their reasonable fees. Reasonable attorney's fees shall be determined by the value of the time reasonably expended by the attorney and not by the amount of the recovery on behalf of the consumer." (Emphasis added.)
The statute is mandatory, and the awarding of attorney fees is not a matter within the court's discretion. See Farmers State Bank v. Haflich, 10 Kan. App. 2d 333, 340, 699 P.2d 553 (1985). The amount of an attorney fee award, however, is within the sound discretion of the district court and will not be disturbed on appeal absent a showing that the district court abused that discretion. Davis v. Miller, 269 Kan. 732, 750, 7 P.3d 1223 (2000). Discretion is abused only where no reasonable person would take the trial court's view. State ex rel. Stovall v. Alivio, 275 Kan. 169, 173, 61 P.3d 687 (2003).
A violation of the UCCC occurred, and the Greens' counsel provided the district court with an affidavit regarding attorney fees. Auto Credit does not contest the specific amount of the attorney fees. Consequently, we cannot say that no reasonable person would take the position adopted by the district court when it awarded $5,000. Therefore, attorney fees for the Greens in that amount are appropriate.
The decision of the Court of Appeals is reversed, and the decision of the district court is affirmed.
BEIER, J., not participating.
BRAZIL, S.J., assigned.1
1REPORTER'S NOTE: Judge J. Patrick Brazil was appointed to hear case No. 88,204 vice Justice Beier pursuant to the authority vested in the Supreme Court by K.S.A. 20-2616.