text:
STATE OF TEXAS et al. v. DONOGHUE.
58 S.Ct. 192
82 L.Ed. 264
STATE OF TEXAS et al.
No. 28.
Argued Nov. 10, 1937.
Decided Dec. 6, 1937.
Messrs. William C. Davis and W. J. Holt, both of Austin, Tex., for petitioners.
Messrs. William B. Harrell, of Dallas, Tex., and Robert W. Kellough, of Tulsa, Okl., for respondent.
Mr. Justice BUTLER delivered the opinion of the Court.
This writ is limited to the questions raised on the application of Texas to the United States court for the Northern District of that State in a proceeding under section 77B of the Bankruptcy Act, as amended1 for permission to institute proceedings in a state court for the confiscation of oil held by the trustee but claimed by the State as 'unlawful oil' because produced or transported in violation of state conservation measures.
Texas statutes2 and orders of its Railroad Commission purport to prorate production of crude oil, to prohibit purchase, transportation, or handling of that produced in whole or in part in excess of the amount allowed,3 to impose fines and penalties for violations,4 and to make oil produced or transported in violation of statute or order subject to confiscation in an action brought by the State for that purpose.5 The statute declares that if at the trial it shall be found that the oil is unlawful, the court shall render judgment forfeiting the same to the State and authorizing an order directed to sheriff or constable commanding him 'to seize and sell' the condemned oil. Costs of suit and expenses of the sale are to be paid out of money received from the oil, and the balance becomes part of the general revenue fund of the State.
There is before us no question as to validity of the State's measures to regulate production, or as to when, if ever, the oil in controversy became forfeit.6 The sole issue is whether the bankruptcy court should have permitted the State to bring suit in a state court to have the oil adjudged confiscate.
These are the facts.
Texas sued the Trinity Refining Company in the district court, 126th judicial district, Travis county, to recover fines and penalties for violation of the conservation laws. The court appointed Clopton and Hyder receivers of defendant's property pending the trial of the case. They took possession of property claimed by the defendant, including a large quantity of oil which the State insists had already become its property because unlawfully produced or transported. Later, the State sued the company in the district court, 98th judicial district of the same county, to recover delinquent taxes. That suit having been transferred to the district in which the first was pending, the court there appointed as receivers in the second case the same persons it had appointed in the first one.
Within four months after commencement of the first suit, the company filed its petition in the United States District Court, submitting a plan of reorganization. The court found the petition to have been presented in good faith, approved it as properly filed, appointed Donoghue trustee of the debtor, directed him to take possession of its property, ordered that all persons having property of the debtor deliver it to him, and issued in usual form a restraining order preventing interference with his possession or control. The trustee took from the receivers property claimed by the debtor including the oil in question, approximately 77,000 barrels. Texas applied to the bankruptcy court for permission to bring suit in a state court to obtain judgment of confiscation against that oil. The court withheld consent and directed the trustee to retain the oil. The Circuit Court of Appeals sustained that ruling, 88 F.2d 48, 51, and, to review its judgment upon that issue, we brought the case here. 301 U.S. 674, 57 S.Ct. 795, 81 L.Ed. 1336.7
The State's right to bring the suit in the state court is the same as if on its voluntary petition the company had been adjudged bankrupt on the day its petition for reorganization was approved. Section 77B(o), 11 U.S.C.A. § 207(o). Forfeiture of unlawful oil under Texas law is a penalty imposed to vindicate the State's policy of conservation. Champlin Refining Co. v. Corporation Commission, 286 U.S. 210, 240, 241, 52 S.Ct. 559, 567, 76 L.Ed. 1062, 86 A.L.R. 403. The bankruptcy court exercises jurisdiction under sovereignty that is independent of and foreign to that of Texas. Moore v. Mitchell, 281 U.S. 18, 23, 50 S.Ct. 175, 74 L.Ed. 673. It is without power to enforce penalties imposed by the State for violation of its laws. The Antelope, 10 Wheat. 66, 123, 6 L.Ed. 268; Wisconsin v. Pelican Ins. Co., 127 U.S. 265, 289, et seq., 8 S.Ct. 1370, 32 L.Ed. 239. Cf. section 57j, Bankruptcy Act;8 New York v. Jersawit, 263 U.S. 493, 496, 44 S.Ct. 167, 168, 68 L.Ed. 405; United States v. Childs, 266 U.S. 304, 309, 310, 45 S.Ct. 110, 111, 69 L.Ed. 299. The State's insistence is not that it is presently entitled to establish a right to forfeit the oil, but that the oil became its property when produced or transported contrary to law. It seeks not to forfeit but to enforce the forfeiture that resulted, as it maintains, immediately from unlawful production or transportation.
Possession or control of the oil by the state court is not essential to its jurisdiction to entertain the suit proposed to be brought.9 Texas does not claim to be entitled to possession of the oil until final adjudication in the state court. Retention by the trustee is not inconsistent with the maintenance of that suit. He is entitled there to be heard in support of his claim to the oil. If when the debtor's petition was approved the oil did not belong to Texas, the State was not entitled to have it withheld from the trustee. But, if by reason of unlawful production or transportation, the oil had already by forfeiture become the property of the State, the trustee was not entitled to take or retain it. If in a suit brought by Texas in a state court it should be determined that title to the oil had vested in the State before approval of the debtor's petition, the bankruptcy court doubtlessly will recognize that title and direct the trustee to hand over the oil or account for it to the State. Rose v. Himely, 4 Cranch 241, 268, 2 L.Ed. 608; Hudson v. Guestier, 4 Cranch, 293, 297, 2 L.Ed. 625. See Wisconsin v. Pelican Ins. Co., supra, 127 U.S. 265, 291, 8 S.Ct. 1370, 32 L.Ed. 239.
The filing of the petition for reorganization in the bankruptcy court may not be held to deprive the State of opportunity in its own court to establish its claim that through forfeiture it had already become the owner of the oil for that would be to take the State's property for the benefit of the offending company or its creditors. Nor may the receivers' voluntary surrender of possession to the debtor's trustee prevent adjudication of the State's claim. The bankruptcy court abused its discretion in denying the State's application for permission to institute proceedings in the state court and, to the extent that the Circuit Court of Appeals sustained that ruling, its judgment must be reversed. It is so ordered.
Mr. Justice CARDOZO (dissenting).
I think the judgment should be affirmed.
Texas was not the owner of the oil in controversy when it came into the possession of the court of bankruptcy. If she had been such an owner, she could be heard in that court pro interesse suo, vindicating her title in reclamation proceedings like any other adverse claimant. By common consent ownership sufficient for such relief was not hers when the court of bankruptcy took the oil into its custody, and is not hers today. 'It is not correct to say, that property forfeited is vested in the government at the very moment of forfeiture, and the title of the owner immediately devested. On the contrary, the established doctrine is, that, notwithstanding the forfeiture, the property remains in the owner, until it is actually seized by the government, and then by the seizure the title of the government relates back to the time of the forfeiture.' Clark v. Protection Insurance Co., 1 Story 109, 134, Fed.Cas.No.2832; cf. United States v. Stowell, 133 U.S. 1, 10 S.Ct. 244, 33 L.Ed. 555. So far as I am aware there is no contention to the contrary. The oil 'shall be forfeited to the State as hereinafter provided' (Texas Revised Civil Statutes (Vernon's Ann.Civ.St.) art. 6066a, § 10), and not otherwise. The statute does not mean that without the aid of any judgment title is transferred at once on the commission of the offense. The judgment is to be in rem and imports control over the res. Pennoyer v. Neff, 95 U.S. 714, 734, 24 L.Ed. 565; Isaacs v. Hobbs Tie & T. Co., 282 U.S. 734, 51 S.Ct. 270, 75 L.Ed. 645.
With the oil in the possession of the federal court of bankruptcy—a possession lawfully acquired—leave to sue in the state court for a decree of forfeiture and sale will be an idle and empty form, productive of nothing except delay and vain expense, unless upon the pronouncement of the decree it will be the duty of the court of bankruptcy to surrender the oil to the court of another jurisdiction, and this for the sole purpose of making a forfeiture effective. I deny that any such duty will exist. Cf. Isaacs v. Hobbs Tie & T. Co., supra. I find no intimation of its existence in any case till this one. Certainly there is none in the cases now cited in the opinion of the court. True indeed it is that if possession of the res were to be acquired by the Texas court at the time of the decree of forfeiture or even at the time of a sale pursuant thereto, a title obtained thereunder would be recognized as valid everywhere. Wisconsin v. Pelican Ins. Co., 127 U.S. 265, 291, 8 S.Ct. 1370, 32 L.Ed. 239; Rose v. Himely, 4 Cranch 241, 2 L.Ed. 608; Hudson v. Guestier, 4 Cranch 293, 2 L.Ed. 625; Dicey, Conflict of Laws (5th Ed.) pp. 484, 485. This is far from saying that a court of another jurisdiction which already holds the res upon a trust for general creditors will give its possession up in aid of a forfeiture otherwise impossible. 'The courts of no country execute the penal laws of another.' The Antelope, 10 Wheat. 66, 123, 6 L.Ed. 268; Gwin v. Breedlove, 2 How, 29, 37, 11 L.Ed. 167; Wisconsin v. Pelican Ins. Co., supra; Huntington v. Attrill, 146 U.S. 657, 666, 13 S.Ct. 224, 36 L.Ed. 1123; Loucks v. Standard Oil Co., 224 N.Y. 99, 102, 120 N.E. 198; Dicey, supra, p. 212. Cf. Bankruptcy Act, § 57(j), 11 U.S.C.A. § 93(j). Within the purview of that doctrine, the state and the federal courts are ranked as courts of separate sovereignties, quite as much as the courts of different states. Gwin v. Breedlove, supra; Moore v. Mitchell, 281 U.S. 18, 23, 50 S.Ct. 175, 74 L.Ed. 673. If the oil in controversy had been removed to California and were in possession of the receivers of a California corporation after a decree of dissolution, would any one contend that the California court would order its receivers to return the property to Texas for the purpose by such return of making a forfeiture effective? A federal court of bankruptcy is subject to no greater duty. The prevailing opinion commits us to a holding that property in one jurisdiction may be diverted from the use of creditors and made to feed a forfeiture in another jurisdiction, a forfeiture brutum fulmen unless thus aided from afar. If that is done, the efficacy of penal laws will have taken on a new extension. Without a transfer of possession the forfeiture is dead at birth. A court of bankruptcy will not stir a hand to make it viable.
I am authorized to state that Mr. Justice STONE joins in this opinion.
Rehearing denied 302 U.S. 780, 58 S.Ct. 407, 82 L.Ed. —-.
Texas Revised Civil Statutes, 1925, title 102, as amended (Vernon's Ann.Civ.St. tit. 102, art. 6004 et seq.).
Vernon's Ann.Civ.St. art. 6049e, § 10.
Article 6036.
Article 6066a, § 10:
'(a) All unlawful oil * * * (is) hereby declared to be a nuisance and shall be forfeited to the State as hereinafter provided. * * *
'(b) When the Attorney General is advised from any source of the presence and existence of unlawful oil * * * it shall be his duty to institute a suit in rem against such unlawful oil * * * and against all persons owning, claiming or in possession thereof, such suit to be brought in the name of the State * * * in any court of competent jurisdiction in Travis County or in the county in which such oil * * * is located. If it shall appear to the court * * * that unlawful oil * * * mentioned in the petition (is) in danger of being removed, wasted, lost, or destroyed, the court is authorized and required * * * to issue restraining orders or injunctive relief * * * or to appoint a receiver to take charge of the oil * * * in question, or to direct the sheriff of the county * * * to seize and impound the same until further orders of the court. * * *
'(c) * * * If, upon the trial of such suit the oil * * * in controversy is found to be unlawful * * * then the court * * * shall render judgment forfeiting the same to the State * * * and authorizing the issuance of an order of sale directed to the sheriff or any constable of the county where the oil or products are located commanding such officer to seize and sell said property in the same manner as personal property is sold under execution. * * * The money realized from the sale * * * shall be applied, first, to the payment of the costs of suit and expenses incident to the sale * * * and all funds then remaining, shall be * * * placed to the credit of the General Revenue Fund of the State.'
United States v. 1960 Bags of Coffee, 8 Cranch 398, 3 L.Ed. 602. See, also, Clark v. Protection Insurance Co. (C.C.) 1 Story 109, 134, Fed.Cas.No.2,832.
Later, no plan of reorganization having been adopted, the bankruptcy court ordered liquidation of the debtor's property under subdivisions (c)(8) and (k) of section 77B, 11 U.S.C.A. § 207(c)(8), (k). Donoghue was appointed trustee in bankruptcy. Section 44, 11 U.S.C. § 72 (11 U.S.C.A. § 72). This Court substituted him in that capacity as respondent in place of himself as trustee of the debtor.
11 U.S.C. § 93(j), 11 U.S.C.A. § 93(j).
Article 6066a, § 10(b) and (c).


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Even Senators Hated NBC Universal's Olympic Coverage
from the ouch deptWith NBC Universal already under a fair amount of scrutiny by the Senate, as it seeks to merge with Comcast, it seems that it's antiquated broadcast schedule of the recent Olympics isn't helping matters. Senator Herb Kohl apparently sent a letter to NBC Universal boss Jeff Zucker, asking him to explain why NBC Universal's Olympic coverage was so incredibly lame. More specifically, he questioned if NBC's incredibly restrictive online Olympics video (much more restricted than two years ago at the Beijing summer Olympics) is a preview of "what is to come with respect to TV programming shown on the Internet."
While it may be a bit of a stretch to connect the two, it does seem like particularly poor timing and bad strategy by NBC Universal officials. Just as they're trying to convince the Senate (and others) that of course their content will be widely available in a post-merger world, they thought it would make sense to massively restrict the content shown during the Olympics -- including requiring viewers to first prove they had cable TV access from certain cable providers? And no one at NBC Universal thought that the loud complaints all over the internet about the ridiculous process and restrictions might wake up someone in the Senate?
Filed Under: coverage, delays, herb kohl, jeff zucker, limitations, merger, olympics, real-time, restrictions
Companies: comcast, nbc universal

subset: commoncrawl


text:
(Poem #146) Trees
I think that I shall never see A poem lovely as a tree. A tree whose hungry mouth is prest Against the earth's sweet flowing breast; A tree that looks at God all day, And lifts her leafy arms to pray; A tree that may in Summer wear A nest of robins in her hair; Upon whose bosom snow has lain; Who intimately lives with rain. Poems are made by fools like me, But only God can make a tree.
This is not, if you think about it, a particularly good poem. The imagery is trite, the phrasing adds nothing to it, and the verse is very hard to read without degenerating into a singsong effect. Yet there's *something* about it - some compelling quality that has made it famous, recited and memorized by generations of schoolchildren, instantly recognizable, and with opening and closing couplets quoted by people who have never even heard of the rest of the poem. I just wish I knew what it was :) m. Biography: Kilmer, (Alfred) Joyce b. Dec. 6, 1886, New Brunswick, N.J., U.S. d. July 30, 1918, near Seringes, Fr. American poet known chiefly for his 12-line verse entitled "Trees." He was educated at Rutgers and Columbia universities. His first volume of verse, Summer of Love (1911), showed the influence of William Butler Yeats and the Irish poets. After his conversion to Catholicism, Kilmer attempted to model his poetry upon that of Coventry Patmore and the 17th-century Metaphysical poets. His most famous poem, "Trees," appeared in Poetry magazine in 1913. Its immediate and continued popularity has been attributed to its combination of sentiment and simple philosophy. His books include Trees and Other Poems (1914); The Circus and Other Essays (1916); Main Street and Other Poems (1917); and Literature in the Making (1917), a series of interviews with writers. Kilmer joined the staff of The New York Times in 1913. In 1917 he edited Dreams and Images, an anthology of modern Catholic poetry. Kilmer was killed in action during World War I and was posthumously awarded the Croix de Guerre. -- EB


text: Airway Epithelial Cell Basal Medium (ATCC® PCS-300-030™) General Information Quality Control Specifications Documentation Print Email Share Share this product Facebook Twitter Google+ Product Format 485 mL Storage Conditions 4 to 8°C, protect from light Shipping Information room temperature Applications Airway Epithelial Cell Basal Medium is a sterile, phenol red-free, liquid tissue culture medium intended for use as one component in a complete ATCC® Primary Cell Solutions™ system. This serum-free system is designed to support airway epithelial cells derived from normal human lung. Airway Epithelial Cell Basal Medium contains essential and non-essential amino acids, vitamins, other organic compounds, trace minerals and inorganic salts. To support the proliferation and plating efficiency of various types of airway epithelial cells, Airway Cell Basal Medium must be supplemented with the appropriate cell-specific growth kit. When using this complete media system, the growth of airway epithelial cells is supported without the use of feeder layers, extracellular matrix proteins or other substrates. For airway epithelial cells derived from bronchial/tracheal tissue (e.g., Primary Bronchial/Tracheal Epithelial Cells, Normal, Human, ATCC PCS-300-010), supplement Airway Epithelial Cell Basal Medium with the Bronchial Epithelial Cell Growth Kit (ATCC PCS-300-040). For small airway epithelial cells (e.g., Primary Small Airway Epithelial Cells, Normal, Human, ATCC PCS-301-010), supplement Airway Epithelial Cell Basal Medium with the Bronchial Epithelial Cell Growth Kit (ATCC PCS-300-040). Optional media supplements: Gentamicin-Amphotericin B Solution (ATCC PCS-999-025) Penicillin-Streptomycin-Amphotericin B Solution (ATCC PCS-999-002) Phenol Red (ATCC PCS-999-001) Biosafety Level 1 Biosafety classification is based on U.S. Public Health Service Guidelines, it is the responsibility of the customer to ensure that their facilities comply with biosafety regulations for their own country. Quality Control Specifications Cell testing: Rate of proliferation and morphology. pH: 7.5 ±0.2 Osmolality 315 ± 10 mOsm Endotoxin < 0.5 EU/mL Sterility Testing Negative for bacteria, fungi and yeast. Basic Documentation Product Sheet Certificate of Analysis SDS


text:
Elite Property Management
We believe in making your life better by taking the worry out of your home. Every day we are proudly invited to provide clients across Saskatoon with a rich, more fulfilling community experience.
Our areas of expertise include apartment rental management, condominium complex management, residential rental management, commercial management, and leasing.
We take great pride in offering our clients comprehensive knowledge of the Saskatoon and area rental marketplace, as well as expertise in creative marketing and a total commitment to building relationships based on communication and trust. Your satisfaction is our top priority. ,strong>We set the standard that others follow.
"People, Property, Lifestyle Management: that is our philosophy."


text:
Your new personalized card will not only look different but it will also feel different because it does not have the raised numbers that you would expect. Unlike an embossed Visa Debit Card with raised numbers, letters, and symbols, the un-embossed card has a smooth, flat surface.
The new un-embossed, personalized Visa Debit Cards are accepted by all Visa Debit Card merchant locations with electronic terminals.


text:
Flavor Flav is heading back to high school to get his diploma, and he's inviting the reality TV cameras to follow him.
Ripping a page from Rodney Dangerfield's play book, the Public Enemy rapper and alumnus of several VH1 reality shows will be teaming up with Michael Hirschorn's Ish Entertainment and Eric Ortner Productions to produce the new strip. Ortner is a former senior producer for NBC's "Weekend Today" show and ABC's "Good Morning America."
VIEW THE PHOTOS: Access' Top 10 Reality Romances Gone Bad!
Flav (real name: William Jonathan Drayton Jr.), who cannot read, write or do math beyond about a 7th-grade level (note: he is not illiterate), told Access in a recent interview that he is returning to the classroom to make his family proud.
"Honestly, to tell you the truth – I don't have my diploma – and years later, down the line, I felt that it was an embarrassing situation that I wanted to fix," he said. "I wanted to make my mother happy – my sisters both have their diplomas and I don't yet. And so I want to make my mom smile and make her proud while she's still alive."
VIEW THE PHOTOS: Keepin' It Real With TV's Hottest Reality Stars!
Flav adds that he's ready to use the reality TV platform to serve as a role model.
"I want to use this show as an example that it's never too late to go back. I want to use this show as a tool to show kids who are already in school to get your diploma while you're there. There are a lot of things that you can't do in your life without your diploma. I want to go back and fix it now. I want this to be influential on kids."
Flav says that fans will see a much more serious side of him – that he will be showing fans the "William Drayton side of him" in this new show.
VIEW THE PHOTOS: Hottest Hip-Hop Stars!
"You're definitely going to see a much more serious and deep side of William Drayton, who's the person that created the character of Flav," he explained. "And now I want fans to see the real serious, parental and mentor side of me – the William Drayton side. I'm going to be much more in mentor mode."
But don't expect his new show to be all about the books.
"There will definitely be some wackiness too!" Flav added. "I'm going out for the band, and the basketball team, and the football team. I'm still gonna keep Flavor Flav… the man, around! If the football team is losing the game, I'm gonna put on a jersey, and I'm gonna go out there and win the game for my school!"
Flav sighted his own participation in music programs as being the saving grace of his eventual career trajectory, but also, the reason why he didn't originally graduate.
"I play 14 different instruments," he explained. "Another reason why I don't have my diploma though is because I cut classes hanging out in the band room. But on this show, you're definitely gonna see me out there as the drum major leading the band."
Finally, Flav sees this show as the chance for a new direction for reality TV – one that's focusing on positive end results.
"I think right now the direction of reality TV needs to change. I started out the trend for the dating shows on reality TV. My heart is saddened about the murder that happened within the course of that. I am going to change the course of things. People want something more right now; they want something smarter," he told Access.
"So my message for kids is, 'Get your diploma right now.' Believe me, I had a rough life without it. There are a lot of guys on the corner right now, hustling drugs because they can't get the jobs they want because they don't have their diplomas," he concluded.
Related Content from AccessHollywood.com:
PLAY IT NOW: Dish Of Salt: Christina Applegate Describes Her Life-Saving Decision
PLAY IT NOW: Did Mackenzie Phillips Share Family Secrets With Mindy McCready?
MORE ACCESS ON THESE TOPICS: Flavor Flav - Reality TV - TV - ABC - Urban


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John Hiatt Mulls 'Terms Of My Surrender' (Song Premiere)
If it's possible to spend four decades as a cult favorite, John Hiatt has done it. The singer and songwriter's tunes have been well covered by other artists, including Bonnie Raitt, Rosanne Cash and B.B. King and Eric Clapton, and Hiatt has amassed a discography full of first-rate albums without ever really breaking through to a mass-market audience. It hasn't stopped him: He returns in July with his 22nd studio album, "Terms of My Surrender." Hiatt premieres the title track today on Speakeasy.
The spare, bluesy song emphasizes Hiatt's craggy voice and mordant wit. "Sometimes love can be so wrong/Like a fat man in a thong," he croons over brushed drums, understated guitar licks and wordless backing vocals.
Read Hiatt's colorful explanation of the song, and listen to the tune, below.


text:
Search Results (310)
This subject category includes the environment, town planning, urban conservation, street environment, waste management and local green initiatives, including recycling.
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2 Willow Road
(Also known as National Trust 2 Willow Road)
2 Willow RoadLondonNW3 1TH
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c/o23 Spencer RiseLondonNW5 1AR
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Access Officer (Camden Council Building Control Section)
5 Pancras SquareLondonN1C 4AG
Adelaide Nature Reserve
London Borough of Camden4th Floor, 5 Pancras Squarec/o Town Hall, Judd StreetLondonWC1H 9JE
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London Borough of Camden5 Pancras Squarec/o Town Hall, Judd StreetLondonWC1H 9JE
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Free service offering SMS alerts, voice messages or emails when air pollution levels are high in London. (The details shown here were taken from the organisation's website).
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Information service with online database of organisations' disability access information, focussing on arts and entertainment in Greater London. (The details shown here were taken from the organisation's website).
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The Committee is recruited from local residents and welcomes new members. It advises the Council on planning applications and other relevant issues in the conservation area.
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text:
Rule #1 - Be Patient - Rule #2 - Don't ask when, if you don't contribute - Rule #3 - You have coding skills - LinuxMCE's small brother is available: http://www.agocontrol.com
trentend,it depends on the devices. My actors (MDTAutomation) all need 230V mains to function at all.
trentend, can you expand upon that KNX page, with the relevant information, then? There are definitely those of us in the US who wish to investigate all the possibilities of what is honestly, one of the best automation buss options out there.-Thom
It's a public wiki, just create an account, and go. official documentation on how KNX works, and ETS3 training materials would be nice for LinuxMCE, definitely -Thom


text:
Record levels of precipitation have been recorded across much of the U.S. Corn Belt delaying the planting season for the corn crop. As of Monday, April 25th, only 9% of the entire U.S. corn crop had been planted, compared to 46% in 2010 and the 5-year historical average of 23%. The weather outlook for the next few weeks should provide relief to wet areas and moisture to the dry wheat regions in the southern plains.
Grain Prices
Corn prices increased by 8.8% this month and closed at $7.54 per bushel due to the poor planting reports by USDA. Corn for May delivery was up as much as 12% earlier in the month on the very wet and cold weather in the Midwest, but decreased foreign demand pressured prices. U.S. exports of corn fell 43% during the last week of April compared to the prior week, and 65% off of the 4-week running average due to high prices and concerns over increased supplies. In addition, reports of investment fund capital exiting the grain markets on speculation of unsustainable prices lead to a selloff in late April.
Soybean prices decreased by 1.3% in March, to $13.92 per bushel due to decreased demand both domestically and overseas. Soybeans are planted after the corn crop and weather concerns have not yet carried over into the soybean markets. Soybean prices have also followed the general trend in the grain markets throughout the month.
Wheat prices increased this month to $7.69 per bushel, a 0.8% increase. In early April, wheat prices were as high as $7.97 per bushel due to the bullish USDA Acreage Report released in late March, but improving weather and decreased demand have pressured wheat prices lower. Although the condition of the U.S. wheat crop is dreadful, wheat conditions have been improving in the FSU and EU. Global wheat prices may see a relief this summer as Russia's export ban on wheat may be lifted as soon as July, according to recent reports.
The USDA's April update of balance sheet estimates for major agricultural commodities in the World Agricultural Supply and Demand Estimates (WASDE) report did not carry any alarming information as corn and soybean ending stocks remained unchanged.
Corn used for ethanol was increased to a record 5 billion bushels of corn, but the increase was offset in feed and residual use domestically. The current stocks to use ratio sits at an extremely tight 5%, which equates to an 18 day supply of corn.
Reports of an increased soybean crop in Brazil lowered U.S. soybean exports by 10 million bushels, yet the average market price for soybeans for 2010/11 was increased by 35 cents by USDA. Wheat stocks fell by 4 million bushels due to the increase in wheat acreage planted, although analysts were expecting wheat stocks to increase.
Weather & Planting
An extremely wet and cold April has severely delayed corn planting in the Corn Belt. As of April 25th, only 9% of the U.S. corn crop has been planted compared to the 5-year historical average of 23%. Spring wheat planting has also been delayed as only 6% of the crop had been planted as of April 25th, compared to the 5-year historical average of 25%.
Dry weather has continued to deteriorate the condition of the winter wheat crop in the central and southern plains throughout April. As of April 25th, 40% of the crop was considered to be in poor, or very poor condition compared to only 6% last year. Only 35% of the winter wheat crop was classified to be in good or excellent condition while 69% was in 2010.
The La Nina weather pattern is greatly affecting the precipitation levels across the entire nation. In comparison, Wichita, Kansas has recorded only 1.45" of rain in April, which is 77% below the average for the month. Champaign, Illinois has received 6.90" of rain, 89% higher than the average for the month of April, according to The Weather Channel. Upwards of 112% of the normal rainfall has been recorded in Indianapolis, Indiana during the month as well.
Farmland prices continue to see record sales as the Rural Mainstreet farmland index remained above growth neutral for the 15th straight month. The farmland index increased to 77.6 from March's 75.0 and well above last April's 59.6. Bankers continue to expect strong farming conditions, but are concerned about rising crop expenses.
The typical farmland selling season extends from when crops are harvested in fall until the spring crop is planted. Farmland sales have been slowing down due the upcoming planting season, but high prices have been continuing to motivate potential sellers.
The weather has been the driving force behind the grain markets in April and has also been to blame for the poor planting season thus far. Besides the delay in actual planting caused by the wet weather in the Corn Belt, any spring field work has been pushed back as well. Fields are inaccessible when wet and the physical planting dates for some farmers could be even further delayed if spring tillage and fertilizer application has yet to be completed.
The weather forecast for the Corn Belt has begun to call for much drier weather that may relieve high crop prices and farmer concerns. We expect crop prices to follow weather patterns if the macroeconomic pressure remains unchanged.
Grain markets will focus their attention on the weekly USDA planting progress reports, weather conditions, and growth stages moving forward into May. Weather will continue to play an enormous role in the grain markets through the rest of the season as well.
Visit http://farmlandforecast.colvin-co.com for daily articles on farmland and agriculture.


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Aggressively Giving Thanks
(Thank you to http://unexpected.org/ for the phrase aggressively giving thanks)
Thanksgiving is my favorite holiday. I try to consciously focus on giving thanks daily with varying degrees of success. The craziness of fall almost made me skip over the Thanksgiving holiday completely (not to mention recent events), but in an effort to document the Lewis family memories, here are pictures from the official Thanksgiving holiday of 2016.
We spent 3 days in East Tennessee with Brian's family. The cousins spent hours upon hours making silly videos on the iPad while adults visited (and cooked and cleaned up and then cooked and cleaned up some more). It was interesting to see my 13-year-old and the nearly-13-year-old cousin join in the adult discussions. We are most definitely entering into a new phase.
the most awkward picture ever, but one of my favorites of the year


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MY RIDE-Reagan Greenfield: 2008 Toyota Matrix
Reagan Greenfield chose her Toyota Matrix because it's a "compact wagon with great gas mileage" that allows her to cart lots of big things around in a little car. Her favorite feature, she says, is that "the seats fold down completely in the back," giving her plenty of room to haul all her stuff.
That extra storage space came in handy when she was managing a warehouse called Sacred Source, a leading producer and distributer of ancient deities located right down the road in Crozet. Greenfield says she transported many a deity in the Matrix.
She also explains that many of her family members and friends are musicians, so she appreciates the additional room when she's helping cart around their gear.
And that bright red color? While she says at first she didn't like it very much, it has grown on her, not to mention that the price tag was "several thousand dollars less" than similar models in different colors.


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iPad Case finished in a quality leather look PU with stitching detail to the spine.
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Leather iPad case, , finished in high quality black Nappa leather with a full natural grain, supplied in a presentation box.
Leather iPad Organiser Case finished in high quality black Nappa leather with a full natural grain, supplied in a presentation box.
Promotional Hard Plastic Tablet Cases. Available in a Variety of Sizes to Fit Different Makes of Tablet. Spot Colour Printed (Also Available with a Full Colour Print).
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Splash mini tablet waterproof touch screen pouch. Protects your iPad Mini or eReader against water, dirt, dust and sand. Transparent design allows you to operate the touchscreen device while inside the pouch. This waterproof bag is IP68 certified and has been tested to protect your phone in up to 8 metres of water. Includes adjustable cable. Opening size 14 cm. ABS Plastic and PVC.
Solid cover which clips onto your iPad to keep it safe from knocks and scratches. Aluminium case, light and durable.
Protect your iPad with this durable and trendy neoprene iPad sleeve. Suitable for screen printing.
Glossy tablet holder with a lined notepad, pen loop and elastic close. Tablet holder has four elasticated corners on repositionable Velco pads to allow for different tablet sizes (suitable for 10" laptops)
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A4 zipped folder with edge trim and popper tab close. Includes pen loop, and 25 sheet lined note pad. Opposite side is padded to hold tablet, with four corner elasticated and repositionable hook and loop pads for different tablet sizes
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Intel's increased focus on Linux and real time operating systems will see it pushing its Atom architecture into handsets within three years and launching "handset-sized" devices much sooner, the chip giant's sales boss said today.
But while the vendor is dabbling heavily in the operating system market as part of its foray beyond traditional PC-based devices, it seems it would still like long-standing partner Microsoft to slide down the form factor ladder with it.
Intel paid $884m for Wind River yesterday, giving it two embedded operating systems and a development environment to play with. It also this week beefed up its support for the Moblin Linux distro for mobile devices.
Sean Maloney, executive vice president and chief sales and marketing officer, said the purchase of Wind River was part of its effort to drive a low-power full-fat PC architecture, in the form of Atom, into non-PC environments. He highlighted the health, automotive, and entertainment markets - which the vendor has been doing ever since it unleashed Atom last March.
He also said that as well as small comms-enabled devices - MIDs and smartphones - the vendor was targeting the full-one handset market, something that would be easier if it can offer potential partners a whole software, hardware, and development package stack.
"We're not into handsets yet, but we're just moving into that, that'll be the next few years," Maloney said.
We can expect "handset-sized" devices much sooner, he added. "We can just continue to nibble away at that."
But while Intel is hoovering up RTOS expertise that it hopes will help it offer a credible embedded and/or handset platform, Intel doesn't seem to want to keep that market to itself at the expense of long-time partner Microsoft.
"We don't have a version of Windows CE running down there," Maloney pointed out.
Asked if Intel would like to see Microsoft finally make the jump to handsets, he said "it's a question for Microsoft, not for us...I'm sure over time Windows will move down."
Intel, and Maloney, have of course targeted these markets in the past, with its Xscale ARM-based architecture. This effort came to naught, and the Xscale business was offloaded to Marvell. But Maloney said it would be a (forgivable) mistake to think it had ever dumped its ambitions to play in embedded and mobile, pointing out that even as it was winding down its Xscale effort, it was kicking off the Atom project. ®


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Home Inspectors in Quincy, MA
(24 within 25 miles of zip code 02169)
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Morgan Cohen
MKC Associates LLC
Arlington, MA
MA Registered Home Inspector, ASHI Certified, NEHA ID# 104647 RT, Registered Wood Destroying Insect Inspector
We have been inspecting in Massachusetts since 2005. Over 10,000 properties inspected. BBB A Rating. AngiesList 2010-2014 Super Service Award. Excellent reviews on Yelp.com, AngiesList.com, BBB, LinkedIn, and other sites!
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Jerry DiMuro
69 Ratings
Welcome Home Inspection
Peabody, MA
MA Home Inspector License #198
15 plus years experience as a Licensed Home Inspector with over 5000 home inspections during my career. I also offer water and radon testing. In addition, I have extensive knowledge in heating, plumbing and electrical.
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Larry DiPietro
6 Ratings
Lawrence DiPietro LLC
Wakefield, MA
-Licensed Home Inspector, Contractor, Electrician, Plumber, Oil Burner & HVAC Technician -BS & MS in Engineering
I have more than 35 years experience in home inspection, construction and engineering. I am licensed in multiple construction disciplines and have 2 engineering degrees. The quality of my home inspections and reports is second to none.
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John Gallagher
4 Ratings
Clark Hill Inspections
Belmont , MA
MAHI #614 / NHHI #50 Commercial Property Inspections NEPMA Certified Certified Residential Thermographer ASHI Cert.
Thorough and Detailed Inspections. Over 20 Years of Experience in the Inspection, Construction and Building Industry. Certified Commercial Property Inspector. ASHI Certified Inspector.
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Brockton, MA
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Michael Heneghan
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Medford, MA
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Thomas King
92 Ratings
Royal Home Inspection, LLC
Walpole, MA
MA Lic #717, CT Lic #522, NEHA Cert. 104286 NE Pest Management Association Registered.
Royal Home Inspection is licensed in MA and CT. RHI also holds national certification in radon testing. We have inspected homes from brand new back into the 1700's. We have the experience you want and the knowledge you need!
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Leonard Licari
20 Ratings
B-Sure Home Inspection, Inc.
Boston, MA
MA Home Inspector License #15
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Litt Home Inspection
Cambridge, MA
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Indian Rock Inspections, LLC
MIddleton, MA
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Brian O'Boyle
16 Ratings
Five Stars Home Inspection, LLC
Malden, MA
Follow @twitter.com/BrianOBoyle2
MA Home Inspector LIC No 797, MA Construction Supervisor LIC No, CS-108764, MA Home Improvement Contractor LIC No 190607
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Harold Popp
31 Ratings
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Danvers, MA
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J. David Riddle
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Salem, MA
MA Home Inspector Lic. #777 ASHI Certified Inspector #253308 Certified Radon Tester #107443RT WDI Registry #140262
Whether it's your first condo or ultimate dream home, 8 Points Home Inspection conducts reliable, timely and thorough home inspections. Our professional home inspectors will work with you to turn your vision into a reality.
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Stephen Roberts
GBM Enterprises,Inc. dba HouseMaster
Swampscott, MA
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Ronald Rocha
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Cardinal Home Inspection
Melrose, MA
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Lori Scholl
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Realty Home Inspections, LLC
Norfolk, MA
MA Home Inspector Licensed 738, BNI member, interNACHI member, BPI trained, US Army Veteran
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Mohan Singh
15 Ratings
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Lexington, MA
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Stephen Smith
115 Ratings
Top Notch Home Inspections
Raynham, MA
Licensed Massachusetts Home Inspector,ASHI certified Inspector,registered pest inspector
Fast,Friendly,Quality Customer Service' Flexible Scheduling, Available 7 Days A week, Competitive Rates Detailed, Computer Generated Reporting System, Digital Photos Of Major Defects, Fast turn around time, fully qualified inspector
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Alex Steinberg
152 Ratings
JBS Home Inspections, Inc.
Cambridge, MA
Ma State License #483 ASHI Inspector #205136 Serving on ASHI NE Board
Quality, comprehensive inspections, issues clearly communicated. Thorough report delivered in a timely manner. Available for follow-up questions after inspections. Personnel service.
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Scott Vesey
115 Ratings
Above and Beyond Home Inspections
Salem, MA
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MA Home Inspections in Beverly, Danvers, Lynn, Marblehead, Peabody, Salem and Swampscott receive local discount. Licensed and Insured Inspectors.
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New York. Boston. Buffalo.
Yes, Buffalo. With the opening of the first-of-its-kind Gates Vascular Institute, Buffalo has officially become a destination of choice for stroke, cardiac and vascular care.
From providing cardiac services unavailable anywhere else in the area to revolutionary neurological procedures to comprehensive vascular care, some of the most innovative medicine in the country – and the world – is being performed right here in Buffalo, at the Gates Vascular Institute.
In essence, we're building a healthier future through a collision of talent, knowledge and collaboration; bringing the brightest medical minds together on behalf of the patients of Western New York.


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Bruno Mars Keeps it Simple in 'When I Was Your Man' Video
Bruno Mars' video for the haunting ballad 'When I Was Your Man' is a simple, focused clip where the crooner plays the role of piano man, with a drink perched atop his instrument, a suit on his back and shades covering his eyes while he tickles the ivories. The emotion reverberates off the screen as he sings the lyrics of the song.
The clip has a bit of a prismatic tone to it, but the visuals really are secondary to the simplicity of his playing and emoting. Bruno's heart is broken and he's using music to heal it. No bells. No whistles. Just a man, his voice and his piano.


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I have found a new favorite author. The discovery came when I received a book for free, sent for me to review. The book is called, Hanging By The Thread. The author, Donald B. Anderson, debuts well in this political suspense novel.
Here is the back cover copy:
For ten years, a secret society has risen to power. They have infiltrated every facet of the federal government. They are powerful. They have extraordinary access to public funds and government technologies. The Constitution stands in their way.
They have sought to destroy economic freedom, amass power to the federal government, and create mass dependency. They call themselves THE THREAD. And now, they are poised to rise to power.
But, on the eve of their burst into power, a copy of their plan falls into the hands of a young man in the Utah State Capital building. And now, the race is on. Time is short and a small group must struggle to preserve their lives, their nation, and freedom itself.
This book has already received positive reviews, but I'm never convinced until I've read the thing myself. So I opened to the first chapter a bit suspiciously to see if it–for me–would live up to the press it's received thus far.
By the end of the book, my hands were sweating and I was astonished. It held my attention and kept me guessing throughout the read. In fact, it was one of those books I really, really did not want to be interrupted at all. You know those kind. You tell yourself, "It's not like the ink will fade before morning. The story will still be here. Get some sleep." But some books have a certain urgency; you cannot stop until you know the end of the story. This was that kind of book.
I do not want to read very many books twice. This book now joins a coveted group of:
1. I must read this again.
2. My friends need to know about this book!
3. This is a book I'd take with me to a deserted island.
When I turned the final page of Hanging By The Thread and reluctantly closed the book, I had an instant desire to tell every friend I had that this was a "must-read" book for this summer. That's why I'm sharing that thought with you.
So get this book. If you're going on vacation, it makes the perfect read. If you're spending a day at the park, this is the perfect read. If you're staying home, it is the perfect read.
The flaws in the book are so tiny as to seem immaterial (i.e. two transition scenes could have been smoothed).
I highly recommend Hanging By The Thread. Not only might it make your hands sweat like it did mine towards the end, but you'll pick up a few fun economic facts along the way!
Here's the link to the book's trailer where you can get an idea of its flavor. And here's where you can get your own copy. I think you'll be glad you did. Soon you may be like me, perhaps recommending it to everyone you know!


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If you've tried this recipe please rate it!
Eat and Enjoy!
Other Meatball recipes:
Traditional Greek food as cooked by Greek mothers!! Delicious and easy recipes!!
Hello my friend, I stopped by to see what you were cooking today and low and behold, it is the same thing I am cooking today for supper. This recipe is the best I have ever made. Better than when I was in Greece and my husband's Aunt made it for us. Kudos to you and your cooking talent.
Thanks DC! It seems we're 'in tune' :)
hhhmmmmm is very yummi....
This looks very delicious, one of my friends just came back from visiting Greece and she was telling me the food was great. So I had to come by and see if I could make something for the family. This is one I will try. Thanks
My family loves this recipe! We have made it many times and every time everyone says how great it is! Well done!
Peri - So glad you like it! Many thanks! :)


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1. Learn the story and believe the victim. She said that three men broke into her home, tied her up, carved hate slogan into her flesh, spray painted hate on her walls, and set the home on fire, and got away.
Presuppositional Thinking: she is truthful. Empathize with the victim and enter into her suffering and what she must have gone through.
2. Write down what you expect the victim to say by making a list of words that you would expect to hear from a truthful victim.
3. Watch the video, taking notes on the words she used. Any words that are "unexpected", write down. These are words you did not expect a truthful victim to use.
4. Compare the "expected" to the "unexpected" in your list.
5. Read the analysis and compare your results.
|Truth or Deception?
As requested: Below is the full transcript of the interview given by Charlie Rogers.
Please note that in the news stories that carried this case, media left out some critical sentences from their text.
Charlie Rogers reported to police that she was the victim of a "hate crime" in which three masked men entered her home, assaulted her, tied her up, and carved slurs into her flesh. She reported that then they spray painted slurs in her basement, poured gasoline around the house, and lit it in fire, making this crime attempted murder. She reportedly escaped, ran naked to a neighbor's house, where she told the neighbor about the attack. The neighbor said that Rogers had recently lost her job and had attempted to volunteer to work with children but was turned down due to lesbianism.
Police are investigated and reported that Rogers agreed to talk to the FBI. Because it was reported as a "hate crime", her name was kept confidential to protect her.
Statement Analysis is in bold type. Italics and underlining are added for emphasis in the analysis.
Rogers reportedly came forward, using her name, to combat accusations that she had lied. To date, I have not been able to find any media reports that questioned the veracity of the account.
In Statement Analysis, we look for linguistic indicators of veracity, ranging from the most elementary (she tells us, herself, "I told the truth") to the more complex (use of sensory detail) in order to discern truth from deception.
Many people feel intuitively that someone is either truthful or deceptive. Each person, upon hearing (and watching) this video, makes a decision to believe the account, or to question it. With Statement Analysis, we are able to not only give an opinion, but are able to express the specific reasons why we believe the statement to be truthful or deceptive.
The horrific nature of the reported crime is one that has caught the nation's attention. This means that many will be viewing Statement Analysis for the first time. Statement Analysis dates back to the time of King Solomon and is based upon the very language that one uses, presupposing that someone is truthful.
With this presupposition, we are then to move from word to word, with an expectation of truth. If we are 'surprised' by what is not expected, we note this carefully, allowing the subject (speaker) to guide us along the way.
Eventually, the analyst will draw a conclusion: Truthful, Deceptive, or Inconclusive. Given the length of the sample here, an analyst should be able to rule out "Inconclusive" in his conclusion.
First we have the statement in its entirety, as aired by media, followed by its repetition with emphasis and analysis in bold type. In the color coding schematic of Scientific Content Analysis, blue is the highest on the sensitivity scale.
"Being a victim in a situation like this, or a survivor, um, and then having your, uh, integrity questioned I guess, it feels very victimizing again. It feels very, uh, saddening, uh, it makes an already difficult situation more difficult. Um. Because you know my world, has been changed forever by these events and and uh, so that the idea that that people think its a lie so, uh, it's hurtful.
It's understandable, I mean, intellectually, I understand that people sort of have a hard time wrapping their heads around the events that have happened as do I.
Um, but I'm a person, you know. With feelings, with concerns and just so uh, it feels like I don't know, like a punch in the stomach, kinda. Like a betrayal.
Instead of the focus being on safety and healing and the investigation the whole things turned into a defense and it starts to feel like, oh, you know like, you know it doesn't even become about the situation. It becomes something about all together different and then I started to feel like a pawn in a game. That isn't my game, you know. This isn't, you know, I didn't ask for this, I don't want this, and so you know the, I , whatever peoples intentions are or are not, um, it is important to me that they understand, for myself and future victims, hopefully there will be none but.
People are people. Agendas are agendas and I think that this is so important that we distinguish between those two things. Um. I was hurt. And, like what matters is the story. You know? That's awful. It feels awful to me. This is an investigation. This is a crime. This is not, it deserves a level of respect. I know when these sorts of things happen, it, it ignites fires and that's a good thing, in some ways, um, it can also be a very bad thing. Um.
I'm not a pawn in a game, you know. I'm a person and it very much feels like I'm being used as a pawn. I want people to know I'm not afraid. I want other victims to know that it is important to come forward. I also wanted some control over what was happening in the media. Um. And I though that the best way to do that was to do it myself. I want people to understand. Maybe you don't know me.
But you probably know somebody that something like this has happened to. So, for people to think that this doesn't happen here; it does. It did.
Everyone is worthy of safety, of justice and of fairness and I'm not hiding from this anymore. There is fear, but there is resilience, you know, there is, forward." (end of statement)
In expectation of truth, what is it that we look for?
The subject reported a horrific attack. We expect her to assert that she was attacked.
Since the attack was very violent, we have an expectation of sensory description. Victims of violent attacks often talk about things they sensed, through sight, smell, or touch. This is a signal that someone is entering into experiential memory and being truthful. Some examples include:
"the smell of motor oil on his hands", "his breath smelled like beer", "his hands were cold..." or the feel of the knife used to cut, the sound of the gunshot, and so on. We all have a connection with the past through our senses which firms the events in our memory.
We expect rage at anyone who questions the account. When someone is the victim of an attack, there is no possible acceptance that it did not happen: it is too real, too painful, too close. Anyone who says otherwise will be met with a harsh reaction.
We expect to hear fear. The three attackers are on the loose, and even when someone wishes to conceal fear, it is evident.
Because she reportedly came forward and gave her name due to her veracity being challenged, we have an easy expectation that she will connect herself to the attack. This is done simply, without qualification, by the single most used word in the English language: "I." We expect to hear, "I was attacked" and "I told the truth." We would not expect her to not say these things, nor to qualify with "I think I told the truth..." or, "I think it happened," Both the absence and the qualification would be flagged for deception on such a plainly horrific violent attack. The statement here is in italics, as we break it down for signals of truth or deception. We seek to learn; Is memory playing? Does she speak from experiential memory?
We let the subject guide us.
People do not like to lie; therefore, they simply leave out information rather than directly lie and cause internal stress.
The following is 464 Words.
Because this is not an account of the attack, we are unable to measure the statement on its form.
Of the 464 words, we now count commonly expected words in a violent crime situation
1. The word "attack" is used: 0 Times
2. The word "crime" is used: 1 Time
3. The word "truth" is used: 0 Times
4. The word "assault" is used: 0 Times
5. The word "danger" is used: 0 Times
6. The word "pain" is used: 0 Times
7. The word "cut" is used 0 Times
8. The word "violated" is used 0 Times
9. The word "blood", (in any form) 0 Times
10. The word "arrest" is used 0 Times
11. The word "violent" is used: 0 Times
12. The word "pain" 0 Times
13. The word "cruel" 0 Times
14. The word "hurt" is used 2 Times (emotional, not physical)
15. The word "pawn" is used 3 times.
16. The word "agenda" is used 2 times.
17. The word "people" is used 8 times.
18. The word "person" is used 2 times.
These are all terms expected in reporting such a violent, sadistic crime. Their absence is noted.


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Honorable District Judge Ann Aiken
Chambers Information
Wayne L. Morse United States Courthouse
Mark O. Hatfield United States Courthouse
Judicial Assistant:
Case Management Information
Courtroom Deputy: Cathy Kramer 541-431-4102
This Chambers e-mail address has been established for receipt of submitted jury instructions and proposed forms of orders per LR 5 only: . This address may not be used to submit filings. Spam or other unauthorized correspondence sent to this address will be deleted.


text:
C.D.S. Newsletter November 2009
In this issue...
- Changes for TRACE 700 Version 6.2.4
- Changes to the Coil Tab of Create Systems
- New Software Activation Process
- Frequently Asked Support Questions
- Meet the C.D.S. Support Staff...Bob Fassbender
Changes for TRACE 700 Version 6.2.4
TRACE 700, Load Design, Chiller Plant Analyzer, and Load Express updates are now available. The newest version, 6.2.4, includes changes to the Coils tab of Create Systems and a new software activation process. Both changes are explained in more detail below.
In our efforts to continue creating BIM solutions and to interact with other design software, this version of TRACE 700 includes the ability to export files to HVAC Solutions Pro 5. The export option will be available under File>Export>HVAC Solutions. For more information, contact CDS at 608-787-3926 or firstname.lastname@example.com.
For a complete list of changes for this version, visit the TRACE 700 Version Information section.
Changes to the Coils Tab of Create Systems
With the introduction of version 6.2.4 of TRACE 700, two important
changes have been made to the Coils tab of Create Systems. These
changes are designed to help alleviate unmet load hours, as well as
provide more functionality for controlling calculated coil capacities
and airflows.
A note of caution: Changing components on the Coils tab should be done with careful consideration. These values and corresponding units of measure can have significant impact on load design as well as energy usage.
The Coils tab of Create Systems includes two new unit options for the Main Cooling Coil Capacity field: "% of Design Capacity by adjusting airflow" and "% of Design Capacity by allowing subcool." When "% of Design Capacity by adjusting airflow" is selected, TRACE will over/undersize the airflow by the same amount that has been used to over/undersize the coil capacity. For example, if the multiplier of 115% of Design Capacity by adjusting airflow has been entered, the cooling coil will be oversized by 15% beyond the design capacity and the airflow will be oversized by 15% as well.
Conversely, if a multiplier of 115% of Design Capacity by allowing subcool was entered, the cooling coil capacity will be adjusted by the user-entered value; however, the airflows will not be adjusted by this value. The calculated airflow from the Design simulation will be used. This methodology allows for the cooling coil capacity to be adjusted, automatically, during the System simulation when the nominal cooling coil capacity has been exceeded for a given simulation hour.
When an existing project is opened in TRACE 700 version 6.2.4, the default units of measure in the Main Cooling Coil Capacity field will be changed from "% of Design Cooling Capacity" to "% of Design Capacity by adjusting airflow." For most airside systems in TRACE, the main cooling coil capacity units of measure will be "% of Design Capacity by adjusting airflow" when a new airside system is created.
For additional information, refer to the TRACE online help file. To access the help file, press F1 while on the Coils tab in Create Systems and then click Main cooling coil capacity (value & units). You may also contact CDS at 608-787-3926 or email@example.com for further information.
New Software Activation Process
In order to provide you with the best service and support, C.D.S. is
making it easier for you to keep your license current by notifying you
when it is time to renew. As always, current license holders are
entitled to free software updates, documentation, and world-class
customer support.
This change will require you to activate TRACE 700. Activation instructions will be provided on-screen.
For more information, refer to the TRACE Activation FAQs page. If you have additional questions, call the Support Center at 608-787-3926 or send an email to firstname.lastname@example.com.
Frequently Asked Support Questions
How do I model a domestic hot water heater?
To model a domestic hot water heater, complete the following
1. From the Libraries drop-down menu, select Base Utility.
2. In the Description field, select Domestic Hot Water Load and click Copy.
3. Rename the copy and add comments if desired.
4. Enter the hourly demand (use gpm, therms, or MBh as the units).
5. Select a schedule that would accurately alter the hourly maximum to fit the DHW usage profile.
6. Select the energy type as process hot water load and input the delta T, if gpm was used.
7. In Create Plants, create a separate heating plant with a boiler assigned to the plant.
8. On the Base Utility tab, define the domestic hot water load as a base utility using the new library member. Assign it to the heating plant and click Apply.
9. On the Heating Equipment tab, specify the equipment type and full load consumption of the hot water pump.
For more information, refer to the TRACE User's Manual, version 6.2, pages 3-62 to 3-63.
Why am I getting an expiration message when I launch TOPSS?
Due to AHRI requests, as well as a continuous effort to provide
customers with the most current information, Trane has implemented a
new version control process for TOPSS. TOPSS customers are currently
required to update software to ensure they are using the most current
Trane product selections. This new version control process ensures
consistency and accuracy.
The current version of TOPSS is 8.7.013. The following are install/update instructions:
Before downloading, we suggest that you uninstall the current version of the program using the following steps.
1. If you want to save previous selections, copy the job files with .psd extensions to another location outside of the \TOPSS folder.
2. Uninstall TOPSS by choosing the Start > Settings > Control Panel > Add or Remove Programs. Select TOPSS and Remove it.
3. Go into Windows Explorer and delete the \TOPSS folder.
4. Choose Start > Search > For Files or Folders. Search for the TOPSS.ini file and delete it.
To download TOPSS:
If you would like to download and install a copy of TOPSS version 8.7.013, click here.
Please note that Windows 2000 or newer is required. You will need temporary administration rights to your computer during the installation process.
1. Select TOPSS 8.7.013 Full Version
2. Enter your customer ID when prompted (your customer ID is a three-character number preceded by #).
3. Click Save to copy the update to your local hard drive. (Hint: Saving the file on your desktop will make it easy to find.) Download time will vary depending on your connection.
4. When the file download is complete, double-click on the .exe to install the application.
Remember to uninstall prior to downloading the update.
If you have any questions, feel free to contact C.D.S. Support.
Bob Fassbender, a Marketing Engineer for the C.D.S. Group, joined
Trane in 2007 after graduating from the University of Wisconsin –
Madison with a BS in Chemical Engineering. In the C.D.S group, he
develops, supports, and trains customers to use Trane's design, energy
and economic analysis software. His primary interest is
thermodynamics, and subsequently, green buildings. He is a LEED
accredited professional and a member of the American Society of
Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE).
In his free time, Bob enjoys spending his time on the water, either windsurfing, water-skiing, or fishing.
Q: What three items would you want if stranded on a desert island?
A bucket to capture freshwater
A windsurf board
My Brett Favre Minnesota Vikings jersey, which would hopefully prove as tough and awesome as Brett Favre himself.
Q: What is the most enlightening book you have read in the past year?
The Screwtape Letters, by C.S. Lewis. However, Favre: The Man. The Legend. is a close second.
C.D.S. Newsletter April 2010
C.D.S. Newsletter August 2009


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It's easy to become a victim of an investor scam, as news headlines have shown for the past two years. Criminals follow the latest market trends and find weaknesses to lure victims. According to the North American Securities Administrator Association (NASAA), senior citizens are the No. 1 target for fraud, while baby boomers are second. In 2008, the FBI estimated $40 billion was lost to securities and commodities fraud.
So how can you protect yourself from being scammed? Click ahead to see which investment vehicles are ranked high for fraud and get tips on making sure it doesn't happen to you.
Produced by Tonya Alexander
Posted: 2010 Apr 7


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Jumbo Mortgages
- Able to finance higher value properties or luxury homes
- Allows for the purchase or refinance (rate/term) of owner occupied properties, primary residences, second homes, vacation homes, condominiums and investment properties
- Cash out refinance transactions are eligible for primary residences only
- Typically require 20% down payment or more
- Seller contributions are allowed
- Available for 10-30 year terms
What is a Jumbo Mortgage?
A jumbo loan is a mortgage that is larger than a typical conforming loan and they are available in a variety of options and terms. It is similar to a conventional loan except that it exceeds the loan limits set by government sponsored enterprises like Fannie Mae and Freddie Mac. While a conventional loan follows the guidelines established by Fannie Mae and Freddie Mac, jumbo loans do not. They are considered to be non-conforming because they are higher than the conforming limit. These limits can vary from state to state and are based on the geographic location. In certain areas, the conforming loan limit is over $400,000 and in high cost areas, it can be over $600,000 to be considered a jumbo loan. A loan amount below the standard limit is considered to be a conforming loan because they follow the guidelines established by Fannie Mae and Freddie Mac. Conforming loan limits are set by Fannie Mae and Freddie Mac (GSEs) and are evaluated on an annual basis.
How a Jumbo Mortgage Works:
On average, the upper limits of a jumbo loan can range from one million to two million dollars and in some cases, a loan amount above that can be considered as a Super Jumbo Loan depending on the location and the lender. Jumbo loans usually have larger monthly payments and require a larger down payment, typically 20% or more compared to a conforming conventional loan. Typically conforming conventional loans require a 5% down payment. They also depend on the amount of the loan, the type of property, the number of units a property has, and whether or not it is a primary home. Jumbo mortgage interest rates are generally higher than a conforming conventional loan.
- Require a loan that exceeds Fannie Mae and Freddie Mac loan limits
- Need financing for a jumbo primary residence, second home, vacation home or investment property
- Have a strong credit history and a high credit score
- Able to provide documentation of income


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Beauty Doesn't Have to Fade: Attractive, Long-Lasting and Eco-Friendly: Engineered Materials Gain in Popularity
May 24, 2012 (PRLEAP.COM) Lifestyle NewsPEARL RIVER, N.J. While aesthetics are important, most know that beauty fades but smart is forever. That's why when it comes to choosing everything from beauty and fashion to items for the home, the majority look for items with style and substance. Natural materials are often favored for the home due to the common misbelief that man-made items are unattractive, cheap-looking and short-term. The latest technologies, however, have opened the door to more advanced engineered materials, such as high-tech finishes and new surfaces that are longer lasting, easier to maintain and more eco-friendly and beautiful than earlier incarnations. Here are three smart new materials to consider for your home that give you lasting, sustainable beauty without breaking the bank.
Palm Beach Polysatin Shutters with the DuraLux Finish from Hunter Douglas
Proving that an engineered material means improving on a good thing rather than cheapening it, the leading name in custom window fashions, Hunter Douglas, has come up with a perfect combination of beauty, style and strength: Palm Beach polysatin shutters with the new, exclusive DuraLux finish. DuraLux is an advanced technology that creates a look that is virtually indistinguishable from a finely painted shutter. Providing a wonderful ambiance and the look of a high-end shutter at an affordable price, this new matte finish has a softer appearance and helps diffuse light rather than reflect it. Worry and maintenance-free, the finish is not affected by normal scratches, dents or dings because the color is permeated throughout the compound. Additionally, the new Hunter Douglas Palm Beach Promise ensures peace of mind and a lifetime of performance to guarantee that the shutters will never warp, crack, fade, chip, peel or discolor. They can be easily cleaned with mild soap and water and are also resistant to mold and mildew. On the green front, like virtually all Hunter Douglas products, Palm Beach shutters are GREENGUARD Indoor Air Certified®, GREENGUARD Certified for Children and SchoolsSM and listed for microbial resistance.
When it comes to countertops, one new material that is red hot as well as stylish and sustainable is IceStone®. Hailing from the Brooklyn Navy Yard in New York City, the surface is made of pre-and post-consumer sources including recycled glass, Portland cement and pigment. It is manufactured without any petrochemicals or resins, making it a safe, environmentally conscious and healthy choice for the home. This modern surface provides a unique three-dimensional depth and rivals the strength of granite. Available in white, grey, teal, yellow, red, tan, pearl, light and dark green, blue and even purple, the product has been used everywhere from offices for IBM, Campbell's Soup and Heineken to Equinox fitness clubs, MTV's "Real World Brooklyn" and residences and restaurants across the country.
The flooring in a home can set the tone in a space. When choosing which material to work with, to combine your personal taste and concerns for practicality on this well-worn surface, there is now an easy option. If you prefer wood over linoleum, stone and ceramic tile but are concerned about the having to sand and seal it and that it can warp, cup or swell, there is an answer. Engineered hardwood flooring made of a core of hardwood plywood and a top layer of hardwood veneer is available in almost any hardwood variety from oak, maple, birch and pine to exotic species.
This multi-layered product comes pre-finished and has the natural characteristics of wood as the top veneer is made of the same genuine hardwood used in solid hardwood floors. Further, as engineered wood flooring typically has three or more core layers to provide stability, it is able to resist the warping, cupping or splitting that solid hardwood flooring typically experiences when exposed to prolonged moisture or heat.
With these modern, advanced materials, you can banish the notion of eternal beauty being just an illusion and create a stunning, healthy home on a reasonable budget.
Hunter Douglas, Inc., headquartered in Pearl River, N.Y, is the leading manufacturer and marketer of custom window fashions in North America and a major manufacturer of architectural products. The company is a national sponsor of Habitat for Humanity, covering windows in every Habitat home built in the U.S. and Canada.
For more information, call 1-800-274-2985 or visit: www.hunterdouglas.com.
Visit the Hunter Douglas Facebook at www.facebook.com/HunterDouglas?sk=app_190009131096348. Download "The Art of Window Dressing" iPad app at the iTunes App Store at http://itunes.apple.com/us/app/hunter-douglas-the-art-window/id497716331?mt=8 as well as through a link on www.hunterdouglas.com.
Sarah Fletcher/Kimberly Babcock
1-800-742-3464; ext. 120, 221
email@example.com; firstname.lastname@example.com
Contact Information
Kimberly Babcock
Lou Hammond & Associates
Contact Us
Kimberly Babcock
Lou Hammond & Associates
Contact Us


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Academic award recipients, scholarship winners and university scholars were recognized for their achievements on Wednesday, April 27, at Penn State Lehigh Valley's 25th annual Honors Convocation.
Students honored for outstanding achievement included:
Eric A. and Josephine S. Walker Award: Abdo F. Zogheib (Bethlehem, Pa.)
This honor recognizes a student who has completed two full years at a Commonwealth Campus and whose outstanding qualities of character, scholarship, leadership and citizenship have positively influenced fellow students and have contributed to the prestige and well-being of his or her campus and, hence, to the reputation of the University as a whole.
2011 Evan Pugh Scholar Award: Christianna T. Roberts (Emmaus, Pa.)
The Evan Pugh Scholars are those juniors and seniors who were in the upper 0.5 percent of their respective classes and have completed at least 48 graded Penn State credits at the end of the fall semester of the year the award is given. All have been full-time undergraduate students for at least four semesters prior to selection.
2011 President's Freshman Award: Tyler T. Gyarmati (Albrightsville, Pa.), Cory J. Maletsky (Allentown, Pa.), Michelle Menendez (Wilkes Barre, Pa.), Justin J. Muser (Laurys Station, Pa.), Alec M. Niemkiewicz (Coopersburg, Pa.), Karan R. Patal (Allentown, Pa.), Maxwell H. Pepper (Bethlehem, Pa.), Christopher M. Riedl (Macungie, Pa.), Rachael J. Schmoyer (Schnecksville, Pa.), Samuel Yandrofski (Emmaus, Pa.), and Danielle R. Yerger (Freemansburg, Pa.)
This award is presented annually to undergraduate degree candidates and provisional students who have earned a 4.00 (A) cumulative grade-point average based on at least 12 graded Penn State credits completed by the end of the fall semester of the academic year the award is given.
Alexandria Downing Outstanding Student in Sociology Award: Kimberly R. Artim, (Whitehall, Pa.)
This award is presented to the student who has demonstrated outstanding academic performance and promise in the field of sociology. Special consideration is given to those who have presented papers at professional conferences, have published in a sociology journal, or whose work has furthered Penn State's promise in the area of outreach scholarship.
Biology Award: Aileend A. Tinjar (Allentown, Pa.)
This award is given to the biology student who exemplifies collegiate excellence and demonstrates a desire to pursue a future that utilizes his or her biology education.
Community Service Award: Karissa R. Bollinger (Whitehall, Pa.)
This award recognizes a Penn State Lehigh Valley student who has demonstrated outstanding leadership and commitment to enriching his or her community through outreach and commitment of time, energy, and talents.
Creative Writing Award: David A. Amerman (Coopersburg, Pa.)
The Creative Writing Award, established by retired English faculty member Margaret Smart in 1989, recognizes excellent fiction or poetry written during the current academic year by a student at Penn
State Lehigh Valley.
Engineering Student Achievement Award: Ke Wei Chen (Whitehall, Pa.)
The award is presented to an engineering student who is completing his or her sophomore year. It recognizes a student who started his or her studies at the Lehigh Valley campus as a freshman engineer and has made normal progress toward his or her degree while demonstrating outstanding academic achievement at the campus.
Excellence in Public Speaking Award: Vicctoria L. Nadig (Coopersburg, Pa.)
Recognizing the importance of effective communication in the world, this award is conferred upon the student who demonstrates excellence in public communication. Excellence in researching and presenting a speech required in a current Penn State Lehigh Valley course are the criteria for selection.
First-Year Chemistry Achievement Award: Alec M. Niemkiewicz (Coopersburg, Pa.)
This award is presented to a first-year student for outstanding academic achievement in all four lecture and laboratory courses in Chemistry.
Outstanding Marketing/Management Award: Christina M. Little (Easton, Pa.)
This award is presented to a senior in the marketing management option who has demonstrated outstanding achievement.
Outstanding Student Award in Organizational Leadership: Service and Leadership:
Peter E. Beidenkopf (Bethlehem, Pa.)
Outstanding student in Organizational Leadership who is in his or her final year of course work, has demonstrated academic excellence, and has shown dedication to service and leadership in the OLEAD program, campus community, and larger society.
Outstanding Student Award in Psychology: Quynh M. Tran (Allentown, Pa.)
This award is presented to a junior or senior who has demonstrated outstanding performance in the major.
Outstanding Student Teacher Award: Priscilla Jovine (Allentown, Pa.)
This award is presented to the elementary education major who has demonstrated outstanding performance as a student teacher.
Women's Commission Adult Learner Award: Bernadette F. Eckhart (Bath, Pa.), and David R. Goodpaster (Bethlehem, Pa.)
Established by the Lehigh Valley Women's Commission, this award is presented to an adult student who has shown academic excellence and displayed outstanding leadership qualities.
Highest Cumulative Average by College (3.5 or higher):
Agriculture: Aileend A. Tinjar, junior (Allentown, Pa.)
Arts & Architecture: Jessica L. Gates, sophomore (Emmaus, Pa.)
Business Administration: Karan R. Patal, freshman (Allentown, Pa.), and Logan W. Van Horn, sophomore (Allentown, Pa.)
Communications: Ashley M. Insalaco, sophomore (Bethlehem, Pa.), and David A. Amerman, junior (Coopersburg, Pa.)
Division of Undergraduate Studies: April M. Nowicki, freshman (Bethlehem, Pa.), and Jennifer L. Menjivar, sophomore (Easton, Pa.)
Earth and Mineral Science: Rachel M. Hoats, sophomore (Bethlehem, Pa.)
Education: Christopher M. Riedl, freshman (Macungie, Pa.), and Danielle R. Yerger, freshman (Freemansburg, Pa.)
Engineering: Alec M. Niemkiewicz, freshman (Coopersburg, Pa.), Maxwell H. Pepper, freshman (Bethlehem, Pa.), and Ke Wei Chen, sophomore (Whitehall, Pa.)
Health and Human Development: Nicole L. Fenstermaker, freshman (Emmaus, PA), and Jordan M. Stauffer, sophomore (Barto, PA)
Information Sciences and Technology: Cory J. Maletsky, sophomore (Allentown, Pa.), and David R. Goodpaster, senior (Bethlehem, Pa.)
Liberal Arts: Tyler T. Gyarmati, freshman (Albrightsville, Pa.), Rachael J. Schmoyer, freshman (Schnecksville, Pa.), and Elizabeth N. Kalfas, sophomore (Bethlehem, Pa.)
Penn State Lehigh Valley Programs: Ryan G. Alexander, freshman (Allentown, Pa.), Kelsey R. Ruch, sophomore (Kutztown, Pa.), Alyssa R. Keiser, junior (Neffs, Pa.), and Christianna T. Roberts, senior (Emmaus, Pa.)
Science: Vinod Jeyaretnam, freshman (Nazareth, Pa.), and Oswaldo G. Tagle Manrique, sophomore (Emmaus, Pa.)
In addition, the following faculty and staff were acknowledged with awards:
Outstanding Part-Time Faculty Teaching Award: Ronald DeLong (Slatington, Pa.)
Teaching Excellence Award: Kevin McFall (Slatington, Pa.)
Outstanding Staff Award: Kathy Romig (Topton, Pa.)
Student Appreciation and Recognition Award (SARA): Jody Rutter (Lenhartsville, Pa.)


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Autorobot Finland Oy» Back
President's greetings
Autorobot Finland Oy started manufacturing auto body straightening systems in 1977. Our foundation was based on a patented invention that made vehicle straightening quicker and more efficient - the most important property of our systems at the time. This quality later on proved to be one of the more remarkable factors behind the success of Autorobot.
In recent years, advancements in vehicle body engineering have gone towards greater passenger safety. New requirements have forced vehicle manufacturers to create stronger frames where, for example, most rocker panel sections are of a much higher strength. Stronger box construction thus favors bench fastening methods based on pinch-weld holds. For this reason, pinch-weld fasteners, along with body support equipment, make this the quickest and most efficient way to mount increasing numbers of vehicles onto the straightening bench for repair. Therefore, the value of Autorobot's patented fastening methods has grown to be superior in present vehicle straightening work.
Today, almost all vehicles have an auxiliary frame. Since the body is fastened to this frame with vertical bolts, these specific locations offer Autorobot technicians excellent reference points for measuring chassis and body positions. So, measuring new vehicles to acquire the all-important measuring standards for each model has become easier and more precise. This results in top-quality repair with body shops' use of Autorobot's 3D measuring systems, both the electronic device with new software and the manually operated one. The quality of the straightening work can be proven to the insurance company and to the vehicle owner with help from the measuring standards document.
Our present Autorobot product line also includes patented pulling tools for general use such as grippers, versatile pull sets, sheet metal pullers, resistance welders and other distinctive equipment needed for today's collision repair.
In Kuopio, Finland,
Olavi Venäläinen
Autorobot Finland Oy


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I once again agree on the distinctive theme or style for a game. The downside of using Unity or perhaps a common trend is to use asset store assets, which I have used as well IE for terrain and some buildings, which is probably why after a while people start noticing the similarities, if not the lighting etc. Eventually I'll replace them as I create more exclusive models but for DM, I'd have to say right now the most distinctive thing is the armor. The armor is all exclusive and custom and is grounded in reality. Inspired by history but not historically accurate, I can't think of too many games that really embrace this idea outside of Mount and Blade, Battle Brothers and probably a few other games inspired by Mount and Blade that I can't put my finger on.
I'm going for a realistic style so I won't be able to do anything Banner Saga did (which was great), so I'll be intentionally including my armors into future screenshots as I think they are quite unique, other than that as I start to turn more towards world building, I'm trying to create a world that feels grounded yet alien at the same time, Morrowind was a great example growing up as a kid.
In any case, your advice has started turning the cogs in my mind, cheers!