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On June 2, 2010, in Jeld-Wen, Inc. v. Van Brunt (In re Grossman's Inc.), 607 F.3d 114 (3d Cir. 2010), the Third Circuit reversed course on the highly criticized accrual test, overruling Frenville and adopting an amalgam of the "conduct" test and "prepetition relationship" test used by other courts to determine when a claim arises for purposes of the Bankruptcy Code. Under the Third Circuit's new test, a claim arises when an individual is exposed prepetition to a product or other conduct giving rise to an injury, which underlies a right to payment under the Bankruptcy Code. Grossman's expanded the range of debts that could be discharged in bankruptcy, and arguably signaled a new, more debtor-friendly era in the Third Circuit.
However, on May 18, 2010, the Third Circuit issued a decision in Wright v. Owens Corning, Case No. 11-2026 (3d Cir. May 18, 2012) holding that due process concerns may preclude retroactive application of Grossman's to certain unknown future claims and, accordingly, the debts on account of such claims may survive a chapter 11 discharge. Thus, Owens Corning indicates that the fresh starts received by some reorganized debtors may not be quite as fresh as originally anticipated.
Owens Corning and certain of its subsidiaries, manufacturers of fiberglass and related products, commenced chapter 11 cases in October 2000. The Bankruptcy Court established April 15, 2002 as the bar date, and Owens Corning published notice of the bar date in several national publications, among other media outlets. In June 2006, Owens Corning filed a proposed plan of reorganization, and similarly published notices of the plan and corresponding disclosure statement, and subsequently, the September 2006 confirmation date of the plan. In accordance with section 1141 of the Bankruptcy Code, which provides that "confirmation of a plan . . . discharges the debtor from any debt that arose prior to the date of such confirmation", Owens Cornings' plan provided for the discharge all claims relating to Owens Corning arising before the confirmation date.
Nearly seven years prior, in late 1998 or early 1999, Patricia Wright hired a contractor who installed Owens Corning shingles on her roof. In 2005, Kevin West hired a contractor who likewise installed Owens Corning shingles on his roof. In 2009 – after confirmation of the plan – both customers discovered leaks in their roofs and determined that the shingles had cracked. Each submitted warranty claims to Owens Corning, which rejected Wright's claim in part and West's claim in full. Wright subsequently commenced a class action against Owens Corning alleging fraud, negligence, strict liability, and breach of warranty. West was added later as a named plaintiff.
At the time Wright commenced the class action, Frenville was still controlling law in the Third Circuit. Under Frenville, Wright and West did not have claims against Owens Corning until the shingle defect manifested – years after Owens Cornings confirmed its plan. However, approximately one year after commencement of the class action, the Third Circuit overruled Frenville and announced the new conduct / prepetition relationship test in Grossman's. Citing Grossman's new debtor-friendly standard, Owens Corning moved for summary judgment on the basis that Wright's and West's claims arose when they purchased the shingles and, thus, both claims were discharged under the plan. Wright and West countered, asserting that Grossman's should not apply retroactively. The District Court sided with Owens Corning, and held that Wright's and West's claims were discharged under Owens Cornings' plan. We have previously discussed the District Court's decision here.
On appeal, Wright and West advanced two new arguments. First, they argued that the District Court applied Grossman's too rigidly, creating an unworkable result that requires both debtor and claimant to anticipate an unknowable, future injury / tort action at the time of bankruptcy proceedings for a claim to exist. Second, they asserted that the District Court's due process analysis was flawed because it based its ruling on Third Circuit precedent holding that unknown claimants generally are entitled to notification by publication.
Before turning to the merits, the Court first addressed whether Wright and West had waived their arguments on appeal regarding Grossman's by failing to advance the arguments before the District Court. While noting the general rule that it is inappropriate for an appellate court to consider new arguments not raised below, the Court acknowledged that the principle is premised on discretion rather than jurisdiction. Accordingly, courts may consider an argument raised for the first time on appeal in "exceptional circumstances", such as when warranted by the public interest. The Court concluded that these exceptional circumstances were present, as the question of what constitutes a claim had the potential to affect a wide range of proceedings.
Existence of "Claims"
The Court framed its substantive analysis by highlighting the competing policy interests at stake in any discussion regarding unknown future claims: the Bankruptcy Code's goal of providing debtors with a fresh start by resolving all claims arising from the debtor's pre-emergence conduct, versus the rights of individuals who may be damaged by that conduct but are unaware of the potential harm at the time of the debtor's bankruptcy. In striking the appropriate balance, the Court recognized that Grossman's conduct / prepetition relationship test may disadvantage potential claimants, whose injuries have yet to manifest and therefore have no reason to file a claim in the bankruptcy. Grossman's requires individuals to recognize that, by being exposed to a debtor's product or conduct, they might hold a claim even if no damage is then evident. However, the Court observed that the Grossman's test better reflects the Bankruptcy Code's expansive treatment of claims, and comports with the growing consensus among courts in other jurisdictions that a prerequisite for recognizing a claim is some form of prepetition exposure to the debtor.
Applying Grossman's, the Court easily concluded that Wright had a claim because she purchased shingles manufactured by Owens Corning prior to its bankruptcy. With respect to West, however, the answer was less obvious. West purchased Owens Corning shingles in 2005, after commencement of the bankruptcy but before plan confirmation. In Grossman's, the Court was not confronted with postpetition, preconfirmation exposure and, thus, based its test solely on prepetition exposure.
In evaluating whether to expand Grossman's test, the Court noted that the Eleventh Circuit had extended the prepetition relationship test to postpetition, preconfirmation relationships. Agreeing with the Eleventh Circuit's reasoning, the Court found that other Bankruptcy Code sections also support expansion of the test beyond just prepetition exposure. E.g., section 1141(d)(1)(A) (provides that confirmation of a plan "discharges the debtor from any debt that arose before the date of such confirmation") (emphasis added), section 348(d) (provides that, in the context of conversion from a chapter 11 or a chapter 13 proceeding to a chapter 7 proceeding, claims other than priority claims arising postpetition, preconversion are treated as prepetition claims in the chapter 7 proceeding), and section 502(e) (provides that a claim for reimbursement or contribution that becomes fixed after the commencement of a case is a prepetition claim for purposes of allowance).
Additionally, the Court determined that, absent this expansion, the current Grossman's rule would artificially separate individuals who are affected by a debtor's products prepetition from those who are affected after the debtor commences bankruptcy but before confirmation of a plan. Accordingly, the Court restated Grossman's test, and held that a claim arises when an individual is exposed preconfirmation to a product or other conduct giving rise to an injury that underlies a right to payment under the Bankruptcy Code.
Applying the restated Grossman's test, the Court concluded that West held a claim, as his exposure to Owens Corning's shingles occurred prior to confirmation.
Due Process
Similar to the two-part analysis employed in Grossman's, the Court went on to consider whether due process deficiencies precluded the discharge of Wright's and West's claims under Owens Cornings' confirmed plan of reorganization. The Court began by noting that notice is a fundamental requirement of due process, and for unknown claimants, like Wright and West, notice by publication in national newspapers, particularly if supplemented by notice in local newspapers, is sufficient to satisfy the requirements of due process. Whether adequate notice has been provided in any given case, however, depends on the particular facts and circumstances of the case.
Although the Court found that Owens Corning's notices were sufficient as to most unknown claimants, Wright's and West's situation differed considerably from that of the typical unknown claimant. Specifically, at the time Wright and West received notice, Frenville was still the law in the Third Circuit and, under Frenville, neither held a claim against Owens Corning. Thus, the Court concluded that, on reading the notices, Wright and West could only understand that their rights would not be affected in any way by the bankruptcy, and – correctly – would not have taken any action to ensure representation of their interests. The first date on which Wright and West held claims that arguably could be discharged in Owens' Corning's bankruptcy was not until June 2, 2010 when Grossman's overturned Frenville. By that time, however, the bar date had passed and the plan had been confirmed – without an opportunity for Wright or West to be heard. In special situations such as these, the Court determined that due process afforded a "re-do" to ensure all claimants have equal rights. Therefore, the Court held that for persons who have claims under the Bankruptcy Code based solely on the retroactive effect of the rule announced in Grossman's, those claims are not discharged when the notice given to those persons was with the understanding that they did not hold claims.
The Court found that there are two groups of persons holding claims who, at the time they received notice of a bankruptcy proceeding, would not have known that they held claims. The first group is comprised of persons like Wright – persons with prepetition exposure to a debtor's conduct or product who hold claims based on Grossman's rejection of Frenville. As to persons in this group, the Court held that due process requires application of Frenville to bankruptcy cases in which reorganization plans were confirmed prior to June 2, 2010, when Grossman's was decided. But – after that date, persons exposed to a debtor's conduct or product prepetition are deemed to understand that they held claims.
The second group was necessary to avoid any injustices resulting from the Court's restatement of the Grossman's test. Because Grossman's test was limited to only prepetition exposure, persons exposed to a debtor's product or conduct postpetition, but preconfirmation would continue to conclude that they did not hold claims. Therefore, the second group is comprised of persons, like West, who hold claims based on the Owens Corning Court's decision to extend the Grossman's test to postpetition, preconfirmation exposure. For persons in this group, the Court held that due process mandates application of Frenville to bankruptcy cases in which reorganization plans were confirmed prior to the date of its decision.
Significantly, the Court cautioned that its holding was not "a bright-line rule that all persons with unknown future claims once governed by Frenville could not have been provided due process regardless of the adequacy of notice to those future claimants." This limitation was consistent with the Court's prior observation that whether due process had been provided depends on the circumstances of a particular case. By way of example, the Court noted that, in some cases, due process concerns have been addressed through the appointment of a future claims representative who advocates on behalf of persons with unknown future claims. However, no such representative was appointed in Owens Cornings' bankruptcy cases. Accordingly, the Court left open whether, "when such a representative provides persons with unknown future claims an opportunity to participate in the bankruptcy case through that representation, they are afforded due process through otherwise adequate notice to the future claims representative."
Owens Corning represents both a step forward and a step backward for debtors and creditors alike in the Third Circuit. On the one hand, Owens Corning expands the Grossman's test to include claims arising from postpetition, preconfirmation exposure, thereby increasing the universe of debts that may be discharged under a plan of reorganization. On the other hand, the decision limits the retroactive application of the restated Grossman's test when doing so would result in a discharge of claims held by persons who had no basis to know that they held claims at the time notice of the bankruptcy was given. Accordingly, reorganized debtors should be aware that they may continue to be subject to a certain subset of preconfirmation claims, notwithstanding any discharge provided by a plan or confirmation order. Importantly, for bankruptcy cases in which a future claims representative was appointed, Owens Corning acknowledges the possibility that unknown future claimants may have been afforded due process through the representative. Thus, at least with respect to reorganized debtors whose bankruptcy cases involved the appointment a future claims representative, the real impact of Owens Corning remains to be seen.
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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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Something for everyone at Bournemouth University's Festival of Learning 2014
Posted: May 30, 2014|
Bournemouth University Festival of Learning runs from 9th – 15th June, with more than 150 free events and activities open to all
Fancy going on a kitchen safari to see what bacteria lurk in your food? How about unleashing your inner monkey, uncovering the history that lies beneath Winterborne Kingston, or finding out how best to market your business?
These are just some of the 150+ free events being held by Bournemouth University as part of its Festival of Learning.
It runs from Monday 9th to Sunday 15th June and is open to all - with events taking place at the university's Talbot and Lansdowne campuses, and at locations across Dorset.
Different events run throughout the day and evening, and range from interactive workshops and hands-on taster sessions to presentations and seminars. They include the chance to be an archaeologist for the day at BU's Big Dig site in Winterborne Kingston - looking for Roman artefacts and learning how to catalogue finds.
The Festival of Learning is now in its second year, and BU's Vice-Chancellor Professor John Vinney hopes it will be even bigger and better than before.
"Last year we had over 4,000 local people joining us to find out more about our research and how it can impact their lives and the lives of those around the world," he said.
"Whether you're part of a business, interested in the latest technological developments, looking for something different to do with the family, or are simply inspired by learning new things, there's something for everyone."
The events focus around several themes – including Food and Drink, Professional Development, and Secret Dorset – with activities looking at a range of diverse subjects, covering everything from health and nutrition to business and finance, archaeology, and the technology of tomorrow.
Sean Beer, Senior Lecturer in BU's School of Tourism, is running two fun food-themed workshops at this year's Festival of Learning - one looking at why we are obsessed with the chilli pepper and other extreme tastes, and the imaginatively titled Don't Eat Poo and Die, Eat Poo and Live, which will explore why we choose to eat and avoid different foods.
Both will be accompanied by tastings for those who dare.
"The world is such an exciting place and I am paid to find out about it, but I also have the duty and privilege to tell people about what I have found and to help them to develop their own enquiring minds," Sean said.
"The Festival of Learning is great opportunity to do this, and if people come away having learnt something new or seen a new way of looking at things, I am pleased. It also helps if they have a good time."
There are also live labs running on campus throughout the week, giving people the chance to experience first-hand the work and research taking place at the university- from testing to see if you are a super-recogniser to understanding the physical reactions people have playing video games.
With everything from children's animation workshops to an introduction to the stock market on offer – there's something for all ages and interests.
To book onto an event, or for more information, visit: www.bournemouth.ac.uk/fol or call 01202 962362.

subset: commoncrawl


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According to preliminary statistics from the Tennessee Board of Regents, TTU's enrollment is up by a higher percentage than any other four-year university in the system.
Of that increase, the number of TTU's first-time freshmen is above 1,500 for the first time ever. With a final total of 1,527 – up from last year's 1,424 – first time freshmen enrollment increased by 7.2 percent.
Bobby Hodum, interim executive director of enrollment management, said such a significant increase in first-time freshmen is indicative of a more long-term, sustainable growth in enrollment.
"Admissions, in conjunction with Financial Aid and the Scholarship Office, have worked hard in the last year to provide more personal attention to students and prospective students, and it's rewarding to see that effort pay off," Hodum said.
In addition, the university renewed its marketing efforts this past year, targeting students in three large segments of the state.
"We're excited to see the direct impact our marketing efforts have made," said Tracy Black, marketing director. "We are continuing our research, targeting and creative efforts to make sure we reach potential students and those who influence them."
Other segments of the campus population that saw significant increases were graduate students, up by 5.2 percent from last year, and undergraduate transfer students, up by 4.8 percent.
This fall's total enrollment at TTU stands at 9,733, up from last year's final enrollment of 9,313.
In addition to the increase of 103 first-time freshmen, TTU's graduate students grew by a total of 106, and undergraduate transfers increased by 31 students. All of those and other increases add up to a total of 420 more students this semester than there were last fall.
TTU academic programs that saw the greatest number of first-time freshman increases, at 41 and 39 respectively, are the College of Engineering and independent programs, which includes general curriculum and general health studies students.
Independent studies also saw the greatest number of graduate student increases, at 73.
The greatest number of new undergraduate transfer students — 49 — is enrolled in the College of Education.
Hodum said he expects his office to continue finding different ways in the future to provide more personal attention to students, with the hope of continuing to encourage increased enrollment and retention.


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nice ass riding
I would lick every inch of Tommy Anders then eat the hot and sexy ass for an hour then suck him off until he shoots all over my face get him hard again and let him power pound my ass then swallow his load any and everytime he wants to!!!
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I am in love with Tommy Anders omg. <3
They are cute and hot.


text:
The link between political freedom and economic prosperity is by now well-established. It is no coincidence that capitalism and democracy developed at roughly the same time and in the same place — 18th-century Great Britain and to a lesser extent the 17th-century Netherlands. It is hard for a country to prosper if it has a political system intolerant of the kind of intellectual freedom needed to generate good ideas and to attract freethinkers.
That news doesn't seem to have reached the United Arab Emirates, which has announced plans to ban Blackberry e-mails and text messages because the state-security services find them hard to monitor. Perhaps as a Crackberry addict. I'm biased, but I have to say that this is one of the dumber decisions that the UAE could make given that Dubai — its principal city — has built its wealth on its reputation for being freer and more business-friendly than the surrounding Arab states.
If this decision stands, Dubai's long-term future, already endangered by reckless real-estate speculation, could be further put at risk.


text:
2nd Best OLB
Who is the second best OLB in the AFCN?
voted harrison in the last one, voted harrison in this one
We got the best pure pass rusher in Woodley, now we add the next best "overall" linebacker.
best overall LB? harrison is consistently in the top 5 in sacks, top 5 in forced fumbles, probably one of the best run defending OLBs in the league if not THE best, he could easily kick in to the middle and blow up guards in the run game all day since hes incredible at shedding blocks. So a man that backs his game up with pro bowl stats, the biggest play in the superbowl, and could play all 4 LB spots isnt a better overall LB than someone who plays OLB/DE?
i have no problem with you voting for suggs, hes a good player...but calling him the better overall LB is false imo
Woodley, Harrison and Johnson are the best all-round players. If you were voting in terms of all-round, your vote should go to Harrison or Johnson in this round.
I vote Harrison, I love JJ, he has out played Suggs this past season. But still Harrison is better then Tsizzle and JJ.
Suggs could be #2 on this list, maybe #1 if he gets in shape for this season and isnt ballooned up at 280 pounds
Fujita is playing inside. Outside backers are Roth and Gocong. Not that it matters, just saying.
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text:
Native American Campfire Stories
when: Nov 6, 2010 at 6:30 pm to 8:00 pm
where: Hidden Villa-Wolken Education Center, 26870 Moody Road, Los Altos Hills, Ca
cost: $10.
ages: Ages 5 and up.
add to calendar: Google iCal/Outlook
add to my play listSave all your favorite RT finds right here. How cool is that?
the scoop:
Join us for an enchanting evening around the campfire as Keith Gutierrez recreates the history of the Ohlone Indians (native to this area) with songs, artifacts and lore. Please bring a flashlight and, if you choose, a lawn chair, tarp, or blanket to sit on.
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Assistant Golf Professional at Royal Mid-Surrey Golf Club. Teaching and developing the game of golf to members of the golf club as well as promoting the sport to minority groups particularly ladies.
Prior to graduation I got my 1st job which was as the 'Head Teaching Professional' at Taba Heights Golf Resort in Egypt. I gained 5 months really valuable experience teaching golf to all levels of golfers in a fantastic resort. Upon returning I also had the opportunity to work for an accountancy firm which I did for 9 months from September – May whilst I actively searched for the right role back in the golf industry. This came in April when I was informed by Gary Jackson (Business Tutor on the Degree from the PGA) that an area I was looking to move to – Richmond had a golf course that was looking for a female pro. I rang up the head professional Matthew Paget immediately and went for an interview the following morning. Three weeks later I moved in to Richmond and started my new role teaching at Royal Mid-Surrey which is where I am now. In my 6 months thus far I have received National Press coverage as well as a grant from Play Sport, London providing free golf tuition to underprivileged and minority groups. I have built a strong client bank now and am working 6/7 days a week to continue building my contacts.
H.O.P.E – Helping Other People Excel! This is one of my favourite motos because there is nothing better than being able to watch people improve in this sport. It is great to do a job that you enjoy; it has introduced me to hundreds of great people and every day is different.
Building my knowledge and gaining the experience in the work I did including running a charity golf event which has really helped in what I am doing now.
Most definitely; it certainly gave me even more focus and determination to excel in the golf industry. The degree is unique and making it become more well known around the world is what I am striving to do. It has most definitely changed my life, without it I wouldn't have become the first female golf professional in Egypt and I wouldn't be where I am today in a job and area I absolutely love!
Great city, great campus, excellent facilities and transport links. Loved it.
Make the most of your time, work hard and don't let anyone tell you it's a 'Mickey Mouse' degree because it most definitely is not. With the right attitude you can do anything you want in this industry.
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LawnBelt FAQ
F.A.Q: Irrigation System Design and Plotting
Find answers on how to properly design your Lawn Belt Irrigation System. Lots of tips and ways to speed up the irrigation design process.
30. Are Rainbirds Rotors overkill for a rectangular 60 x 24 lawn? - Top
I have a rectangular 60x24 lawn deck in one corner. It's a little bit too wide for a single lawn kit, but two rainbird sprinklers would probably be overkill and would end up watering the side of my house. Do you have any guidance on covering an intermediately sized area like that? Perhaps I could obtain sprinkler heads with slightly more coverage than your standard ones?
The Rainbirds can be adjusted down %25 so if over spraying occurs you can reduce the throw distance easily with an adjustment screw. This may be your easiest solution.
- Updated: June 29, 2004


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Hospice Care of Tri-County has become a national partner of We Honor Veterans, a pioneering campaign developed by the National Hospice and Palliative Care Organization in collaboration with the Department of Veteran Affairs. As a We Honor Veterans partner, Hospice Care of Tri County will implement ongoing veteran-centered education for their staff and volunteers to help improve the care they provide to the Veterans they serve. The We Honor Veterans campaign provides tiered recognition to organizations that demonstrate a systematic commitment to improving care for veterans. "Partners" can assess their ability to serve veterans, and using resources provided as part of the campaign, integrate best practices for providing end of life care to veterans into their organization.
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Council hopeful Spang has business, artistic vision for cityWritten by Bailey G. Dick | | email@example.com
During her years as a fine arts student at Bowling Green State University, Sandy Spang began what she called "a lifelong love affair."
The object of her affection?
Spang, who is running for Toledo City Council, said its focus on glass is one of her favorite things about the city she hopes to represent.
"I love that Toledo is the site for the rebirth of the art glass movement," she said, speaking of a revival that began on the grounds of the Toledo Museum of Art.
"We also have the legacy of being a site for factory glass through Libbey [Glass]," she added.
You could say that Spang, a jewelry designer-turned-real estate investor-turned-coffee shop owner, is sort of like Toledo glass.
"I have a business sense, but I also have a sense of the arts and aesthetics," she said.
Take, for example, Spang's business card. Her logo, featured of the back of the card, includes a skyline of the city surrounded by shapes representing what Spang believes the city needs to thrive: business and manufacturing, economic sustainability, infrastructure, human capital, natural resources. As she matched the business principles to the corresponding shapes traced in bright green ink, she commented on the logo's aesthetics.
Plate 21
Currently, Spang isn't in the studio blowing glass or designing logos. She splits her time between Plate 21, the South Toledo coffeehouse she opened with her husband, and managing the real estate properties the couple owns.
Spang said she has felt the itch to run for office for some time. However, the mother of three said the timing hasn't been right until now.
"I was encouraged to run when the District 2 position was open several years ago, but I didn't feel it was the right time for my family," Spang said. "Now I have the energy to give back to my city, and I feel my life experiences have prepared me."
Although she may not have experience as an elected official, Spang said her experience as a small-business owner gives her an edge in the crowded field of 17 candidates.
"I love hearing everybody talk about [small business]. But to have firsthand experience is important, to be that person that other small-business owners know they can call if they're having a frustrating experience with the city government," Spang said. "Something that I've learned in business is the importance of customer service. And we need to make that a priority. That's the face of the city to the customer, and people often have frustrating experiences."
'Smart cities'
Also part of Spang's plan for Toledo is integrating some aspects of "smart cities." The concept, Spang says, involves, "taking advantage of technology, but also taking advantage of your human capital."
To make Toledo a "smart city," Spang hopes to add community amenities like a bike network or a dog park that will attract young professionals.
"These are the types of things that are going to attract this creative class, and that's really important in today's and the future's economy," Spang said. "It also has the tremendous benefit of making life better for the people that are already here."
Spang also hopes that the city will look to the future when deciding on changes to existing city functions.
"One of the most basic missions of local government is to maintain the infrastructure," Spang said. "It has to be done with long-range planning. We cannot continue to put good money after bad into projects. We have to take the long view. If we have to go back and sort of undo some decisions of the past, so be it."
She said she hopes that current Council members would be open to the aspects of "smart cities" that would cost the city more money.
"And the first thing people are going to say is, 'How are you going to pay for it?' And that's where you've got to have commitment to a goal, and a long-term improvement," she said. "It's really the idea of being smart about using our resources and embracing new ideas in technology, in the context of long-term planning. In their personal lives, people are already utilizing technology. And I think that people are going to recognize the value in the public sector as well."
Wanting the same things
Spang, who is running for council as an independent, was a registered Republican until 2010. However, she doesn't want to be labeled by voters.
"But if you want to participate in the primary process during a presidential election, you have to declare a party. And voting is very important to me," Spang said. "I think that many of the things that make us a Republican or a Democrat at the federal or state level are not as relevant at the city level. At the local level, we all want the same things. We want a well-run city. We want infrastructure that runs like butter. We want a clean, efficient water system. We want vibrant local businesses. We want an arts scene. The things we want at the local level cut across party lines."
As far as her campaign goes, Spang said she has relied on a grassroots effort to raise money.
"Especially until the primary, any campaign, especially for a new candidate without party affiliation, is going to be a grassroots effort," she said. "We've relied on very small donations."
Support from Ludeman
She said she is counting on support from Toledo City Councilman Rob Ludeman, who grew up in the same neighborhood as Spang and nominated her for the seat on Council left vacant by Phil Copeland when he became Lucas County Recorder.
"I think it'll be refreshing," Ludeman said of Spang's potential election. "She would bring that enthusiasm and business perspective. She's a family person, and I like the family values part of what she stands for."
While Ludeman sees Spang as a family person, the people who have bought jewelry from her saw her as a designer, and her customers at Plate 21 see her as an entrepreneur, Spang said she sees herself on council as a mediator.
"I'm going to do everything I can do to build consensus," Spang said. "I think I can be that pivot point that catalyst in the center so we can actually get decisions made. That's how I really see myself."
Tags: City of Toledo, Rob Ludeman, Sandy Spang


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The AC motor control B series
Designed with a durable frame and built to offer excellent stability and a smooth ride, the newly designed AC control forklifts are built to be real workhorses.
High Technology ZAPI Controller Eliminate "almost noiseless"
The efficient, 8Khz (high frequency) ZAPI controller provides smooth operation and protection for low & high voltage, overheating and fault recording.
Fork Safety Feature
When the forks are being lowered, a down control valve maintains the controlled speed. The down-safety valve prevents forks from dropping in case of sudden damage to the hydraulic lines.
Anti-Rollback System, faster travel speed & Gradeability
ZAPI's anti-rollbach system provides safe ramp operation plus exceptional ramp start capabilities
The powerful high-output motor provide greater acceleration, better gradeability and faster travel speed on any tough terrain or slope.
OPSS (Operator Presence Sensing System)
Control of mast tilting and lowering is not possible through operation of the appropriate control when the operator is not on the seat.


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Comment Re:It's not so great (yet) (Score 1) 165 165
Comment Re:Short answer: No (the correct answer) (Score 1) 133 133
"An agreement is yet to be signed." is in the OP's link and that gives us an idea that in the future there MAY be an agreement.
That article is from June 23, 2011. A final agreement called the Momorandum of Understanding (PDF) was written on July 6, 2011. It's an agreement between MPAA, RIAA, AT&T, Verizon, Comcast, Cablevision, and Time Warner Cable. I don't know if it was actually signed on the lines, and I haven't heard of anyone leaving or entering the agreement.
Comment Re:Is it just Yahoo? (Score 1) 152 152
Possibly. To add to your anecdote, a couple months ago my old Yahoo! account got cracked, and I figured it was because I had left a weak password on there (fairly susceptible to a dictionary attack with some variance). So I changed to a stronger password and enabled two factor authentication. Then last week my coworker also got cracked, and she reported that she had a weak password.
Maybe someone got a copy of a Yahoo! hashed password and user name table that they can work against with a computer cluster, or maybe Yahoo! is allowing tons of fast authentication attempts against single user names on their servers.
Comment Re:Lots of WTF in that story (Score 1) 241 241
Comment Defined My Saturday Morning (Score 1) 183 183
Comment Source Code Comments (Score 1) 245 245
I ran a quick strings and grep on all the files, hoping to get some juicy comments from source code, but I didn't get much:
- ESM 2.0 8-23-04/VoterDTSSetup/CMISDTS.mdb: I HATE ACCESS 2000!!!! (Works in Access 97)
- ESM 2.0 8-23-04/SampleData/DatasetSmall/Voter.mdb: !!!! Does not check if a Vote Has Been recorded. Only checks status information !!!! (Should this change?)
- ESM 2.0 8-23-04/SampleData/DatasetComplete/Voter.mdb: RJD080299 Fixed stupid bug that counted down to 0...
Comment Bring Down Subscription Rates (Score 1) 85 85
..., and it could possibly bring down subscription rates for high speed internet,
Yeah, I don't see that statement as being true. Large web companies will only provide their on-site servers to large ISPs. The large ISPs have no reason to or history of reducing their subscription rates. If the servers were provided to smaller ISPs (such as GWI), then they could lower their rates and become more competitive. Maybe if the servers were provided to tier 2 peering networks, they could pass on the savings to small ISPs? I don't know enough about tiers or peering to know if that's a possibility.
Comment Mass (Score 1) 138 138
Comment Bad Conclusion (Score 1) 456 456
- An average of 0.77 "+1s" per post
- An average of 0.54 replies per post
- An average of 0.17 re-shares per post
Her conclusion does not necessarily follow from the data. If all +1s, replies, and re-shares were under 0.5, then it would. But they aren't, so it doesn't.
Comment Six Degrees of Wikipedia (Score 1) 50 50
Comment All the Banners (Score 1) 69 69
Comment How Do They Know? (Score 1) 541 541
Comment They Are Indeed Pointers (Score 1) 157 157
I went to the paper, expecting to find a fairly high powered laser that is not a pointer, and expecting to call someone out on calling them pointers. However, they're only 5 mW, which is indeed a pointer. Cool that they can use such low powered lasers for this.
The FDA has regulations in the U.S. saying that no laser products over 5 mW may be marketed as "pointers":
Class IIIb lasers cannot legally be promoted as laser pointers or demonstration laser products.


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Gibson became engulfed in controversy surrounding a DUI arrest earlier this year, during which, in a drunken rage, he hurled anti-Semitic invectives against the arresting officers. Gibson subsequently entered alcohol rehab and maintains that he has been clean since his discharge. Gibson has publicly apologized repeatedly for this behavior, and his publicist stated that Gibson's appearance at the conference yesterday was apparently something that he felt passionately about doing to further make amends.
Iranian President Mahmoud Ahmadinejad reportedly had Gibson detained briefly after the incident, but he was released and expelled from the country later the same day.
"This is the hand of Bush and the Israelis," stated Ahmadinejad to Al Jazeera reporters. "We have elected to release Mr. Gibson and expose his connections with Mossad and the CIA for the world to see. Everyone will now see the lengths to which Israel is willing to go to suppress Islam."
David Duke reportedly remained hospitalized in Tehran, and authorities there refused to disclose details in regards to his injuries.
A Louisiana Klan spokesman, speaking on condition of anonymity, stated that a fatwa had been issued throughout the organization in regards to Gibson, and suggested that the actor/director would do well to remain in Australia.
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Trump wins trademark law suit, The Donald claims "Bloviating Ignoramus"
Romney Blasts Obama Jobs Number "more Proof wealthy Americans need to pay lower taxes!"
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Register now for free, or sign in with any of these services:
The paper's motto is "Yesterday's news tomorrow. But that's okay, it's wrong anyhow."
What's the name of the place? According to the bakery's awning (in the picture) it's Belli Baci but everywhere in the article it's Bella Baci.
Who to believe? The owner or the Advance.
I vote for believing the owner.
I'm confused. At www.mta.info, right there on the front page, in the "Current Service Status" box, it says SIR has Good Service. (guffaw). Then right next to it it says "NEW YORK CITY TRANSIT
Bus service is suspended because of road and weather conditions. Subway service has been partially suspended in some areas of the system that operated above ground. "
You're telling me that SIR is operating in this weather? When the whole route is above ground? I haven't heard a train pass since I woke up at 5
The city can do the job right when it wants to. My street, which is only one block long, was plowed at 5:40 yesterday morning.
Trash pickup is "limited," said Sanitation spokesman Keith Mellis said, because snow removal efforts are still continuing.
"We're still doing snow and there's no recycling," he said.
- - - - -
That's interesting. Yesterday Sanitation picked up the paper recycling dumpster from my apartment complex. Didn't pick up the rest of the trash though. In fairness, it was a truck that picks up dumpsters and not a regular garbage truck; I guess you send out the equipment that you have.
Why does the link at each forum brings you to the page where commenting is closed? It should bring you to this updated page.
It's another example of how/why this website doesn't work for the people who use it.
Change is good. Except when it's not. This is not good change--not that the old format was miles better. I would like to be able to re-size windows instead of being boxed into something so small. Turn up the contrast on the read/un-read messages; return the NEW flag to red; get rid of the list of "Forums Resources" that appears in the body of the message box. Sorry guys but your redesign is singularly unimpressive.
It's all about the revenue. Using garbage cans makes it easier for Sanitation to check for violations-- putting recyclables in with regular trash, or paper in the plastic/metal/glass containers--and issue fines.
I give it a month of clear, smooth road and then someone will have to tear up part of it for something.
"39,373 potholes filled on Staten Island so far this fiscal year"
and only another 139,373 to go.
Did they eliminate the rush-hour x1 and the x6? Neither is mentioned in the story.
As if tourists are going to get off the boat to see the fish!


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FAQ: To get answers to frequently asked questions check out the Parks FAQ section.
Email: To contact us by email, use the contact us form.
Phone: For general questions call 816-969-1500
Address: City Hall: 220 SE Green, Lee's Summit, MO 64063
This week's Lee's Summit Parks & Recreation "Weekly Reader" is ready for your review. A snap shot of what has occurred in your parks, facilities and programs throughout the week. Check it out: Weekly Reader,Volume 11, Issue 5
Lee's Summit Parks & Recreation is taking reservations from vendors for the annual Mistletoe Madness event to be held Friday and Saturday, November 6 and 7 from 9am to 4pm. The event will be held at the Gamber Community Center, located at 4 SE Independence Avenue just off 291 Hwy and 2nd Street in Lee's Summit.
Lee's Summit Parks & Recreation is taking reservations from vendors for the annual Health, Wealth & Leisure Expo to be held Thursday, October 8 from 9am to Noon. The event which hosts over 200 plus patrons each year will be held at Legacy Park Community Center at 901 NE Bluestem Drive in Lee's Summit.


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Firearms license applications for Concord residents are taken by scheduled appointments only.
Appointment times are on Monday, Wednesday, Thursday and Friday afternoons from 1:00 to 3:30 PM, and Wednesday evenings from 6:00 PM to 7:30 PM. Appointments take about a half hour.
The licensing fee for applicants under the age of seventy is $100.00, those seventy and over are free.
Call Detective Keith Harrington at 978-318-3408 or email: firstname.lastname@example.com to schedule a renewal or a new application.


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How Bob Marley Conquered the Suburbs
Despite, or perhaps because of, its success, Legend left behind it a host of problems.
The millions of dollars that the record (and other Marley albums) have brought in have sparked a tug of war between Marley's musicians and the songs' rights holders; numerous lawsuits have been filed by members of the Wailers against Island and Universal. In 2006 a justice in London's High Court dismissed a lawsuit brought by Aston Barrett against Island seeking $113 million for royalties and songwriting credits.
"There was a lot of hard work from the Wailers band members to help produce Bob's music that just never got credited," says guitarist Anderson, who, like Barrett, recorded extensively with Marley and appears on Legend cuts like "Could You Be Loved."
(Neither Chris Blackwell's spokesperson nor Universal's spokesperson responded to requests for comment about the allegation.)
Yann Legendre The cover of the July 3, 2014, Riverfront Times
Meanwhile, Barrett's and Anderson's camps have been involved in lawsuits over the right to perform under the Wailers name, and today each musician leads a competing version of the group. Anderson's group is called the Original Wailers, and Barrett's band is known simply as the Wailers.
Even Legend's music itself is not without its critics.
Writing for Slate, Field Maloney called the album "a defanged and overproduced selection of Marley's music. Listening to Legend to understand Marley is like reading Bridget Jones's Diary to get Jane Austen."
For their parts, Blackwell calls the album "wonderful," Anderson says it is "likable" and Cliff is ambivalent. "I have not listened to that record, really," he says.
While it's unfortunate that Marley didn't live to see the success of Legend, Robinson speculates that the album might never have been made on his watch.
"Greatest-hits projects, the ones that really work, unfortunately work mainly because the people are dead," he says. "These kinds of artists, left to their own devices, would have a different greatest-hits. A living artist will tell you that the greatest song he's ever written is the one he's last written."
Marley's son Julian has another theory: "Why do a greatest-hits album when you're still here doing great things?"
And yet musically, it's hard to argue that Legend isn't an iconic work. The songwriting on tracks like "No Woman, No Cry" and "Redemption Song" is so compelling that the works transcend genre — as Clapton's success with "I Shot the Sheriff" demonstrates.
It's also worth noting that Robinson didn't intend for the record to be comprehensive; he just wanted to get Marley's music onto stereos worldwide. In doing so, he did something bigger: He helped make Marley's image and message ubiquitous. Today you'll see the artist's face on beach towels and his lyrics on posters in countries from Russia to Chile.
And ironically, over the past three decades, rebelliousness and violence have become a routine method of marketing pop stars. Robinson may have softened Marley's image, but he didn't whitewash it. Marley remains an international touchstone of rebellion, known as much for his social and cultural convictions (and his affinity for good bud) as for his musical oeuvre.
Though Legend may be the preferred dinner-party soundtrack for polite company, it's also been the gateway drug for generations of Marley aficionados, who heard something in the record and wanted more.
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People's Conference with Harrell Fletcher & Jens HoffmannPeople's Conference with Harrell Fletcher & Jens Hoffmannhttp://www.haverford.edu/calendar/details/192452KINSC Sharpless Auditorium2012-02-24T16:30:002012-02-24T18:30:00
February 24,2012 4:30PM–6:30PM
KINSC Sharpless Auditorium
Harrell Fletcher and Jens Hoffmann
In conjunction with the exhibition's last stop at Haverford College, a two-day conversation has been organized to delve deeper into questions about regionalism, display, and structures of support for under-recognized artists in ways that push the boundaries of curatorial, artistic, and institutional innovation.
Participants include Harrell Fletcher, Tom Finkelpearl, Jens Hoffmann, Paula Marincola, John Muse, Peter Nesbett, John Ollman, Renaud Proch, J. Morgan Puett, Julien Robson, Ingrid Schaffner, Andrew Suggs, Astria Suparak, Nato Thompson, and Transformazium.
Friday, February 24 4:30pm–6:30pm
Haverford College Sharpless Auditorium, KINSC 370 Lancaster Avenue Haverford, PA 19041 http://www.haverford.edu/exhibits
Exhibition co-curators Harrell Fletcher and Jens Hoffmann reflect on the process of making the first People's Biennial, as well as its potential for future iterations.
Moderated by Renaud Proch, Deputy Director, ICI.
People's Biennial will be on view following the conversation until 7:30pm.
Saturday, February 25 11:00am–5:00pm
Institute of Contemporary Art (ICA) University of Pennsylvania 118 South 36th Street Philadelphia, PA 19104 http://www.icaphila.org
This day-long conversation proposes a question in two parts: How can one contextualize and display art that exists outside the norms of the mainstream art world in an innovative manner, and how can structures of display transform into ongoing systems of support for artists?
11:00am-11:10am Welcome Ingrid Schaffner and Renaud Proch
11:10am-11:30am Introduction Harrell Fletcher and Jens Hoffmann
11:30am-1:30pm Exploring curatorial innovation in regional communities
This discussion will examine the role of curatorial practice and exhibition-making in fostering meaningful cultural impact in regional communities
Speakers include Nato Thompson, Chief Curator, Creative Time; Andrew Suggs, Executive Director, Vox Populi; and Astria Suparak, Director, Miller Gallery, Carnegie Mellon University
Official responses by Christopher Cook, Director, Salina Art Center; Peter Nesbett, Senior Program Specialist, Philadelphia Exhibitions Initiative; Julien Robson, Curator of Contemporary Art, Pennsylvania Academy of the Fine Arts; and Ingrid Schaffner, Senior Curator, ICA University of Pennsylvania
Moderated by Jens Hoffmann
2:30pm-4:30pm Developing ongoing systems of support for art and creativity
The discussion will address the realities of living and working in regional communities, and how artists and institutions have addressed the complexities of working in these contexts
Speakers include Tom Finkelpearl, Executive Director, Queens Museum of Art; J. Morgan Puett, artist; and Transformazium, artist collaborative
Official responses by John Ollman, Director, Fleisher/Ollman Gallery; Paula Marincola, Executive Director, The Pew Center for Arts & Heritage; and John Muse, Visiting Assistant Professor of Comparative Literature, Haverford College
Moderated by Harrell Fletcher
4:30pm-5:00pm Reception
This program is free of charge and open to the public. For questions or more information about People's Conference, contact Chelsea Haines at firstname.lastname@example.com.
In collaboration with Independent Curators International (ICI), Institute of Contemporary Art (ICA), and with support from the Philadelphia Exhibitions Initiative. The People's Conference is funded, in part, with a professional development grant from the Pew Center for Arts & Heritage, through the Philadelphia Exhibitions Initiative.
For More Info
Matthew Callinan


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|FHWA > Engineering > Pavements > Publications
Publication Details
Primary Topic: Surface and Other Considerations
Description: 4-page technical brief that discusses a study to investigate the changes in roughness of rigid pavements over time and their relationship to design factors, subgrade conditions and climatic conditions. Key findings were that there was a strong relationship between roughness and faulting, JRCP pavements with a higher roughness value were associated with high precipitation, higher moisture content, thicker slabs, longer joint spacing, and higher PCC modulus values, and CRCP pavements maintain a relatively constant roughness value over time.
FHWA Publication Number: FHWA-RD-98-148
Publication Year: 1998
Document Links: PDF (file size: 0.1 mb)
PDF files can be viewed with the Acrobat® Reader®
More Information
John Bukowski
Updated: 02/20/2015


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Throw on the Dakine Logan Beanie for your next shred session at the mountain. Dakine gave this beanie a swanky striped pattern to up your style points at the lodge, and the tall fit lets you dial in the look you want.
Share your thoughts
What do you think of the
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DAKINE Logan Beanie
- Familiarity: I've put it through the wringer
- Fit: Runs large
Warm beanie. If you have a pea-head you might want to look elsewhere.
Bigger than expected buty very warm
The beanie is bigger than expected but it is very warm, like wearing two huts, inside of it there is additional fabric
Super soft
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Great fit
patrick burke
this beanie is warm and doesn't strectch out after wearing it a bunch. Its also long enough that you dont look like a chump.
Great fit & style
My new favorite beanie. It's a good length, coming all the way down the back of my neck. And it keeps my head warm, but it's not super heavyweight, so I can ski with it on and not sweat to death.