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7 U.S. Code § 2541 - Infringement of plant variety protection
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(a) Acts constituting infringement
Except as otherwise provided in this subchapter, it shall be an infringement of the rights of the owner of a protected variety to perform without authority, any of the following acts in the United States, or in commerce which can be regulated by Congress or affecting such commerce, prior to expiration of the right to plant variety protection but after either the issue of the certificate or the distribution of a protected plant variety with the notice under section 2567 of this title:
(1) sell or market the protected variety, or offer it or expose it for sale, deliver it, ship it, consign it, exchange it, or solicit an offer to buy it, or any other transfer of title or possession of it;
(3) sexually multiply, or propagate by a tuber or a part of a tuber, the variety as a step in marketing (for growing purposes) the variety;
(4) use the variety in producing (as distinguished from developing) a hybrid or different variety therefrom;
(5) use seed which had been marked "Unauthorized Propagation Prohibited" or "Unauthorized Seed Multiplication Prohibited" or progeny thereof to propagate the variety;
(6) dispense the variety to another, in a form which can be propagated, without notice as to being a protected variety under which it was received;
(7) condition the variety for the purpose of propagation, except to the extent that the conditioning is related to the activities permitted under section 2543 of this title;
(9) perform any of the foregoing acts even in instances in which the variety is multiplied other than sexually, except in pursuance of a valid United States plant patent; or
(b) Uses authorized by owner
(1) Subject to paragraph (2), the owner of a protected variety may authorize the use of the variety under this section subject to conditions and limitations specified by the owner.
(2) In the case of a contract between a seed producer and the owner of a protected variety of lawn, turf, or forage grass seed, or alfalfa or clover seed for the production of seed of the protected variety, the producer shall be deemed to be authorized by the owner to sell such seed and to use the variety if—
(B) the owner refuses to take delivery of the seed or refuses to pay any amounts due under the contract within 30 days of the payment date specified in the contract; and
(C) after the expiration of the period specified in subparagraph (B), the producer notifies the owner of the producer's intent to sell the seed and unless the owner fails to pay the amounts due under the contract and take delivery of the seed within 30 days of such notification. For the purposes of this paragraph, the term "owner" shall include any licensee of the owner.
(3) Paragraph (2) shall apply to contracts entered into with respect to plant varieties protected under this chapter as in effect on the day before the effective date of this provision as well as plant varieties protected under this chapter as amended by the Plant Variety Protection Act Amendments of 1994.
(c) Applicability to certain plant varieties
This section shall apply equally to—
(1) any variety that is essentially derived from a protected variety, unless the protected variety is an essentially derived variety;
(4) harvested material (including entire plants and parts of plants) obtained through the unauthorized use of propagating material of a protected variety, unless the owner of the variety has had a reasonable opportunity to exercise the rights provided under this chapter with respect to the propagating material.
(d) Acts not considered infringing
It shall not be an infringement of the rights of the owner of a variety to perform any act concerning propagating material of any kind, or harvested material, including entire plants and parts of plants, of a protected variety that is sold or otherwise marketed with the consent of the owner in the United States, unless the act involves further propagation of the variety or involves an export of material of the variety, that enables the propagation of the variety, into a country that does not protect varieties of the plant genus or species to which the variety belongs, unless the exported material is for final consumption purposes.
(e) Private noncommercial uses
It shall not be an infringement of the rights of the owner of a variety to perform any act done privately and for noncommercial purposes.
(f) "Perform without authority" defined
As used in this section, the term "perform without authority" includes performance without authority by any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in the official capacity of the officer or employee. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this chapter in the same manner and to the same extent as any nongovernmental entity.
Source(Pub. L. 91–577, title III, § 111,Dec. 24, 1970, 84 Stat. 1554; Pub. L. 96–574, § 19(a),Dec. 22, 1980, 94 Stat. 3351; Pub. L. 102–560, § 3(a),Oct. 28, 1992, 106 Stat. 4231; Pub. L. 103–349, §§ 9, 13 (q),Oct. 6, 1994, 108 Stat. 3141, 3144.)
References in Text
The effective date of this provision, referred to in subsec. (b)(3), probably means the effective date of subsec. (b)(3), which was added by Pub. L. 103–349, effective 180 days after Oct. 6, 1994. See Effective Date of 1994 Amendment note set out under section 2401 of this title.
The Plant Variety Protection Act Amendments of 1994, referred to in subsec. (b)(3), is Pub. L. 103–349, Oct. 6, 1994, 108 Stat. 3136. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 2321 of this title and Tables.
1994—Subsec. (a). Pub. L. 103–349, § 9(1)(A), substituted "protected" for "novel" in two places in introductory provisions.
Subsec. (a)(1). Pub. L. 103–349, § 9(1)(B), substituted "or market the protected" for "the novel".
Subsec. (a)(2). Pub. L. 103–349, § 9(1)(C), struck out "novel" before "variety".
Subsec. (a)(3). Pub. L. 103–349, § 9(1)(C)–(E), inserted ", or propagate by a tuber or a part of a tuber," after "multiply", struck out "novel" before "variety", and struck out "or" at end.
Subsec. (a)(4) to (6). Pub. L. 103–349, § 9(1)(C), (E), struck out "novel" before "variety" and struck out "or" at end.
Subsec. (a)(7). Pub. L. 103–349, § 9(1)(G), added par. (7). Former par. (7) redesignated (9).
Pub. L. 103–349, § 9(1)(C), struck out "novel" before "variety".
Subsec. (a)(8). Pub. L. 103–349, § 9(1)(G), added par. (8). Former par. (8) redesignated (10).
Subsec. (a)(9), (10). Pub. L. 103–349, § 9(1)(F), redesignated pars. (7) and (8) as (9) and (10), respectively.
Subsecs. (b) to (e). Pub. L. 103–349, § 9(3), added subsecs. (b) to (e). Former subsec. (b) redesignated (f).
Subsec. (f). Pub. L. 103–349, §§ 9(2), 13 (q), redesignatedsubsec. (b) as (f) and in first sentence substituted "the official capacity of the officer or employee" for "his official capacity".
1992—Pub. L. 102–560designated existing provisions as subsec. (a) and added subsec. (b).
1980—Par. (5). Pub. L. 96–574substituted " 'Unauthorized Propagation Prohibited' or 'Unauthorized Seed Multiplication Prohibited' " for " 'propagation prohibited' ".
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–349effective 180 days after Oct. 6, 1994, see section 15 ofPub. L. 103–349, set out as a note under section 2401 of this title.
Effective Date of 1992 Amendment
Pub. L. 102–560, § 4,Oct. 28, 1992, 106 Stat. 4232, provided that: "The amendments made by this Act [enacting section 2570 of this title and section 296 of Title 35, Patents, and amending this section and section 271 of Title 35] shall take effect with respect to violations that occur on or after the date of the enactment of this Act [Oct. 28, 1992]."
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Product Details
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If you're installing Ultimax OEM Replacement Brake Pads with new brake rotors, you'll find down the road when the time comes to replace the pads again, rotors will still be usable enough to last through another set of brake pads. And if you are installing EBC pads without replacing rotors, pre-chamfered pad edges will mate perfectly against the grooves and lips that normally form on the rotor surfaces, so the meat of the pad makes contact against the rotor center where it counts. These pads also feature a red top layer coating designed to scour glaze and hot spots off worn brake rotors during the break-in process. As it does that, the coating also serves to provide a higher level of grip to counteract low friction levels that exist before bedding is complete. Built-in shims ensure any high-frequency vibration is absorbed rather than transferred as squealing noise, even under the most extreme weather conditions. EBC backs their replacement brake pads with a 6-month or 10,000 mile warranty against premature wear under normal driving conditions.105.25 229.25
Brand: EBC Brakes Part Numbers:
Founded and based in the United Kingdom, EBC Brakes is a premiere producer of brake components for passenger cars, trucks, buses, motorcycles, ATVs, and even scooters. EBC brake pads and rotors are preferred by fleet operators of emergency vehicles, livery cabs, and by discerning racers all over the world for the effective grip, superior lifespan, resistance to heat buildup, and proper fit they deliver. From the company president down to every employee, EBC strongly believes that brake components that are truly superior must be constructed from the most effective materials and also offer the lowest environmental impact possible. Likewise, EBC will never put their name on any products that cut corners in development, quality control, or are manufactured using sweatshop working conditions where human rights are not valued. When you want the best, most responsible brake components that meet or exceed OEM specification without dealer OEM markup, EBC Brakes is the only name you need to know.
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Arizona man pleads guilty to selling eagle fan
PHOENIX — An Arizona man has pleaded guilty to violating the federal Migratory Bird Treaty Act by selling golden eagle and other bird parts.
Federal prosecutors say 46-year-old Patrick Scott of Tuba City entered his plea in federal court in Phoenix on Wednesday.
Scott faces up to two years in prison and a $250,000 fine. He will be sentenced Feb. 26.
Court documents show that in January 2008, Scott offered a golden eagle fan for sale online. An undercover officer exchanged emails with Scott and ultimately agreed to buy the fan.
Scott was also accused of buying and selling other migratory bird parts between July 2007 and February 2009.
While the possession and use of migratory bird feathers and other bird parts is allowed for cultural purposes by federally recognized tribes, authorities say it remains illegal to buy, sell or trade them for compensation.
Copyright 2012 The Associated Press.


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DANBURY, Conn. Anthony Pisanos goal with 52 seconds left in the second period and Matt Carancis two first-period tallies helped the Danbury Whalers to a 5-4 Federal Hockey League victory over the Thousand Islands Privateers in a potential playoff preview Friday night at the Danbury Arena.
Alec Kirschner handed out four assists and Mike Brown stopped 34 shots for Danbury (26-21), which has already secured the second seed in the FHL playoffs.
Peter Campbell netted two second period-goals for Thousand Islands (22-27), which has a one-point edge over Danville for the third seed. Sean Walsh scored once and had two assists for the Privateers.
Thousand Islands has four games left, while Danville only has two games in the regular season including a game on Sunday at Danville.
The Privateers play at first-place Dayton Demonz tonight.
Thousands of readers like you have made Northern New York Newspapers the number one ranked website* for local news and sports coverage in the north country.
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Firewire Interfaces
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Focusrite Saffire Pro 14 - FireWire Interface with Microphone Preamps$249.99The Focusrite Saffire Pro 14 gives is an eight-in, six-out FireWire audio interface offering performance and flexibility at a low price. MIDI I/O and two Focusrite preamps round out this half-rack powerhouse. The Saffire series interfaces are all being supported by Focusrite with Thunderbolt compatibility in mind. Get yours at UniqueSquared.com today! Learn More
Focusrite Saffire Pro 40 - FireWire Digital Audio Interface$499.99Focusrite's Saffire Pro 40 is a 20 in, 20 out Firewire recording interface designed for modern recording studios. ADAT expandability and flexible I/O combined with 8 Legendary Focusrite mic preamps make this unit one of the best sounding in its class and an incredible bargain. The Saffire Pro 40 is perfect for systems using Thunderbolt. Get yours today at UniqueSquared.com. Learn More
PreSonus Firestudio Project - FireWire Audio Interface$399.95The PreSonus Firestudio Project - FireWire Audio Interface features 8 XLR inputs with 2 combo instrument and 6 combo line inputs armed with powerful preamps. It also has MIDI I/O, S/PDIF IO and 2 FireWire 400 ports. It also has all of the digital metering you will need for leveling as well as daisy chain capability you can expect from a FireWire interface. Buy yours today from UniqueSquared.com Learn More
PreSonus FireStudio Project with Faderport$499.00The PreSonus FireStudio Project with Faderport is ideal for everyone who wants to improve their home studio experience. The FireStudio offers 8 Class A preamps, 5 XLR cables, and the time saving FaderPort. You can be tracking up to eight instruments and editing quicker than ever. It comes with demystifying tutorial DVD video and more. Learn More
RME Fireface UFX - USB and FireWire Audio Interface$2,299.00The RME Fireface UFX is the current flagship of RME's industry leading line of audio interfaces. On the surface, the RME Fireface UFX is a 60-channel, 24-bit/192kHz, USB 2.0 and FireWire 400 audio interface with 4 digitally controlled XLR mic/instrument preamps on the front. It features 30 input /30 output channels, 12 analog I/O, 1 AES/EBU I/O, 2 ADAT I/O (or the option of 1 ADAT I/O + 1 S/PDIF I/O optical), 1 Word Clock I/O, 2 MIDI I/O, 1 FireWire 400 and 1 USB 2.0 connections plus TotalMix FX mixer and signal router. As well as the option to get an advanced remote control. This doesn't even begin to describe how incredible this machine is and what it can actually do with all of this wonderful I/O. You can't raise the game higher than this. Go all in and buy yours today from UniqueSquared.com Learn More
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Elder Jacob Perez recently returned to the local area after serving in the Bolivia-Santa Cruz and the Peru-Lima central missions for the Church of Jesus Christ of Latter-day Saints.
Elder Perez will speak Jan. 11 at 11:30 a.m. at the Gordon Creek LDS Ward Chapel.
He is the son of Elias and Lori Perez. He is the grandson of Ileen Gibbons.


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Utility commissioners present diversity award to Exelon Treasurer Chaka Patterson
CHICAGO (Nov. 17, 2009) – An Exelon executive received an industry award for consistent leadership in partnering with minority and community banks. The National Association of Regulatory Utility Commissioners' Ad Hoc Committee on Utility Market Access Partnership (UMAP) on Sunday presented the award to Chaka Patterson, Exelon vice president and treasurer, noting his personal commitment to fostering minority and community bank relationships.
"Chaka Patterson has set the standard for sustainable business partnerships between utilities and women-, minority- and disabled veteran-owned enterprises," said Commissioner Timothy Alan Simon of the California Public Utilities Commission.
Commissioner Harold D. Williams of the Maryland Public Service Commission, who chairs the Utility Market Access Partnership, said, "Our committee is working actively to promote diversity in the utility industry, and Chaka Patterson has demonstrated that achieving that goal is not only possible, but also makes good business sense."
Wendell F. Holland, former chairman of the Pennsylvania Public Utility Commission added: "The changing nature of the capital markets is a strong argument for diversifying sources of funding. There are now fewer financial institutions and a smaller pool of capital available. If utilities look to borrow from a more diverse funding pool, they might find themselves in a stronger financial position. Reaching out to local community banks or diverse firms, as Exelon has done, is a good strategy, and a viable option for regulators to encourage."
Last month, Exelon and its subsidiaries ComEd and PECO entered into new credit agreements with 26 minority and community banks in Chicago, Philadelphia and other regions that Exelon serves. Seaway Bank and Trust Company, Riverside Community Bank and the United Bank of Philadelphia arranged the credit agreements, with JP Morgan Chase serving as the administrative agent.
The agreements, totaling $67 million, provide the companies with an additional source of credit, while offering minority and community banks the opportunity to grow their relationships with Fortune 500 companies. Patterson played a key role in expanding Exelon's reliance on minority and community banks.
Since Patterson became Exelon's treasurer in February 2009, Exelon has increased its spend with minority- and women-owned investment banks by five-fold, spending nearly $5 million with those banks in 2009 compared to a little more than $1 million in 2008.
"We are very proud of Chaka's work in fostering these relationships, which are unique in the utility industry and have broken new ground in terms of lender diversity," said Ruth Ann Gillis, executive vice president and chief diversity officer, Exelon. "These credit agreements are part of Exelon's ongoing efforts to invest in the communities we serve, demonstrate our commitment to diversity and inclusion in all our business relationships, and provide greater opportunities for minority and community banks to participate in major transactions."
Today, the UMAP committee also honored Exelon with its Utility Leadership Award in recognition of the company's efforts in supplier diversity, advocacy and leadership in the utility industry.
Exelon's total spending with minority- and women-owned enterprises was $455.2 million in 2008.
Exelon Corporation is one of the nation's largest electric utilities with approximately $19 billion in annual revenues. The company has one of the industry's largest portfolios of electricity generation capacity, with a nationwide reach and strong positions in the Midwest and Mid-Atlantic. Exelon distributes electricity to approximately 5.4 million customers in northern Illinois and southeastern Pennsylvania and natural gas to approximately 485,000 customers in the Philadelphia area. Exelon is headquartered in Chicago and trades on the NYSE under the ticker EXC.


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On the night of January 15, the House of Representatives passed a bill appropriating $50.5 billion in emergency relief funds for victims of last October's Hurricane Sandy. The legislation, H.R. 152, "Disaster Relief Appropriations Act, 2013," sponsored by Rep. Harold Rogers (R-Ky.) passed by a vote of 241-180. A total of 192 Democrats and 49 Republicans voted in support of the measure, with 179 Republicans and one Democrat opposed.
Republicans from the Northeastern states impacted by Sandy tended to join Democrats in supporting the measure, including Rep. Chris Smith (R-N.J.) who pleaded emphatically, "We are not crying wolf here."
Another Republican strongly backing the bill was Peter T. King of Long Island, an area hit hard by Sandy, who was quoted by the New York Times: "It is unfortunate that we had to fight so hard to be treated the same as every other state has been treated."
An AP report quoted Rep. Carolyn Maloney (D-N.Y.) who made an equally emotional appeal for support:
I just plead with my colleagues not to have a double standard. Not to vote tornado relief to Alabama, to Louisiana, to Mississippi, Missouri, to — with Ike, Gustav, Katrina, Rita — but when it comes to the Northeast, with the second worst storm in the history of our country, to delay, delay, delay."
During debate prior to the vote, Maloney criticized the delay in getting the legislation passed, stating: "Residents have been suffering for two-and-a-half months. We need the aid. We need it now."
The governors of the tri-state area most impacted by Sandy — New York, New Jersey, and Connecticut — cited a damage figure stemming from the storm of $82 billion, so H.R. 152 covers about 62 percent of the total damage. The amount of aid received by these states seems like less of a "bargain," however, when one considers the low amount of tax dollars they receive for every dollar they send to Washington.
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PAWTUCKET – Steven Wright returned to McCoy Stadium on Thursday afternoon. His Pawtucket Red Sox teammates didn't get back from Rochester until 5:30 on Friday morning.
The move to make sure that Pawtucket's Game 3 starter was well rested paid off handsomely. Wright's knuckleball baffled the Rochester hitters to the tune of 6.1 scoreless innings as the PawSox downed the Red Wings, 5-1, before 4,681 enthusiastic and supportive fans Friday night at McCoy Stadium.
The PawSox now lead the best-of-five Governors' Cup opening-round series, two games to one. They can clinch a spot in next week's championship round with a win Saturday night. Should the Red Wings prevail, a winner-take-all fifth contest would take place Sunday at 1 p.m. at McCoy.
Wright has made two starts against Rochester this season, totaling 13.1 scoreless frames. He allowed six hits to go along with five strikeouts and four walks. The butterfly specialist threw 117 pitches, 69 of which were strikes.
"He did a good job commanding his knuckleball and threw a lot of good fastballs for strikes," said PawSox manager Gary DiSarcina, also noting the 3-6-1 double play that helped end the third inning for Wright and Pawtucket. "That's one of the toughest plays in baseball and was a huge double play for us."
Mark Hamilton rebounded from two hitless games in Rochester to go 2-for-2, one of the hits a two-run home run in the fifth inning. Ryan Rowland-Smith got out of a first-and-third jam in the eighth inning on his way to picking up the save.
Matt Barnes was aware that his first-round mound assignment was contingent on the series getting to a fourth game. Thanks to the PawSox evening the best-of-five series at one apiece on Thursday night, the right-hander will get a chance to pitch the defending International League champions into its second straight Governors' Cup finals.
"I knew that if we got to Game 4 that I would have it, so I've been preparing just in case," said Barnes. "You have to prepare regardless. You can't let your mind kind of go and all of a sudden flip a switch."
The 23-year-old Barnes earned the chance to start a postseason after tossing 5.1 scoreless innings in his PawSox debut on Aug. 29.
"He came up and was very similar to (Anthony) Ranaudo) and (Brandon) Workman – very focused and aggressive,' said DiSarcina. "He deserves this chance and it will be a great experience for him. I'm glad we didn't get swept so he can get a chance to go out there."
DiSarcina was asked about the PawSox players who are on Boston's 40-man roster but weren't summoned the first day that MLB rosters were allowed to expand.
"I'm sure some of them are disappointed, but they've got to move on quickly. Talking to Brock Holt a little bit, they make a trade for an infielder (John McDonald) and he's not going to be excited. That's his role," said the manager. "You can still get called up. Sept. 1 is not the drop-dread date. I look at it as a positive for the guys – they can still get innings and at-bats for however long the playoffs go. They still have a lot to play for."
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- Northern New York Newspapers
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The Ogdensburg Salvation Army is falling desperately short of food and funds to help feed the citys needy, and is looking for community donations to fill the gap.
Salvation Army Capt. Timothy A. Shaffer said Tuesday that the agency currently has enough food on hand at its 401 Franklin St. center to only serve one or two people. He said the agencys federal grant funding through the Hunger Prevention and Nutrition Assistance Program has not increased to meet demand.
Mr. Shaffer said his the federal grant amounts to $2,700 annually to purchase food through the Food Bank of Central New York.
Our money doesnt come through until next month, and we are also still waiting for our federal emergency food and shelter program money we were supposed to get last year, of which weve only gotten half, he said.
He said the number of people looking for food through the Salvation Armys food pantry varies, but he expects more people to come through his doors in the coming weeks, when needy parents can no longer rely on schools to help feed their children. The agency also operates a soup kitchen every Tuesday that serves 40 to 60 people.
We have spent about $8,000 so far on food this year, he said. We only get so much money, and the rise in need has come up.
He said the agency has changed its guidelines so that those accessing its food pantry can only do so every 60 days in an effort to cut down on the number of people who abuse the service by frequently coming back for more food. That has affected how much federal money his agency can get, he said, although he has requested more funding to meet legitimate demand.
Mr. Shaffer said the community is the Salvation Armys only hope to help it feed the citys hungry.
We need everything, he said. Well take whatever we can get. Nonperishable food can be dropped off at the store (Seek and Find Shop on State Street) and we have a freezer and space to store perishable food here.
Monetary donations are also welcomed, he said. Donations may be dropped off at the center Monday through Friday from 9 a.m. to 3 p.m. He said the centers afternoon hours are by appointment only, but there is usually somebody there to open the door for visitors before 3 p.m.
He said volunteers are also needed to run community programs, conduct outreach and serve on the agencys advisory board. For more information, call the Salvation Army center at 393-3351.
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Woman with 65 aliases
When Canonsburg police Officer James Eckels responded to a call about a stolen wallet last month, it is likely neither he nor the other officers ever imagined what a tangled web they would eventually unravel.
The woman suspecting of stealing the wallet from another Walgreens customer with a sleight of hand that Eckels called slick Aug. 5 has at least 65 aliases.
It was definitely not her first rodeo, Eckels said. She had done this a number of times.
Eckels, along with Sgt. Don Cross and Officer Carl Fetcko, discovered the woman they charged as 48-year-old Marianne Sadelmyer also uses nine birth dates and 10 Social Security numbers, and has a criminal history that stretches into California, Oregon, New York, Ohio and Florida. By all accounts, her latest arrest appears to be her first in Pennsylvania.
Her mistake may have been trying to return items reportedly stolen from Canonsburgs Shop n Save to Walgreens. Thats when she allegedly stole the wallet and then used the debit card to make purchases at the same Shop N Save. A store employee became suspicious and gave Canonsburg police a license number that led them to Sadelmyer, who had been staying with a Chartiers Township family. She was using the name Marion Freeman while living in Chartiers.
She is wanted on outstanding warrants from communities including Buffalo and Tonawanda in northwestern New York on charges of theft, identity theft and forgery.
Her criminal past is extensive, police learned. In the mid-1990s, she filed a lawsuit against the New York prison system claiming she was impregnated by a prison guard who kept her against her will in a motel room, Cross said. She was on work release at the time. Sadelmyer alleges she lost the twins she was carrying after contracting Lyme disease and never received treatment while in the jail.
Sadelmyer also told Canonsburg police that she was a material witness in a murder case in Erie County, N.Y. She reportedly was imprisoned with Robin Kalinowski, who was convicted earlier this year during a third trial for killing her husband by shooting him in the head while he slept. Kalinowski was convicted at a second trial, but that was overturned on appeal.
Sadelmyer was a witness for the prosecution in the first trial after claiming that Kalinowski admitted to killing her husband. That trial ended in a hung jury.
She was a jailhouse informant, Cross said. She was in jail with Robin.
In searching Sadelmyers belongings, Canonsburg police found newspaper clippings from that first trial. Reports published in the New York newspapers said Sadelmyer offered her occupation during Kalinowskis 2009 as petit larceny. She was in jail serving time for theft and forgery.
Sadelmyer also reportedly testified that Kalinowski asked for help in finding someone to kill her boyfriend, who was to testify against her.
They set up a sting, Cross said. Instead of a hit man, she hired an undercover trooper.
Also found with her things are what Canonsburg police believe were special codes that Sadelmyer used with Kalinowski. But they learned New York prosecutors devised the code to communicate with Sadelmyer. She disappeared prior to the start of Kalinwoskis third trial earlier this year. Prosecutors the issued a material witness warrant for her.
She got wind of it (warrant) and called the prosecutor, Cross said. She told him she wasnt coming back. The judge allowed them to play her deposition.
How she got to the Canonsburg area is anybodys guess.
It is like she just migrated here, Eckels said.
Police found insurance and public assistance documents in the name of Marianne Jean Freeman, and planned to have hip replacement surgery here using that alias.
Eckels said she had a guide on how to make documents to give her a new identity. Fetcko said she could write her own book on the subject.
She had no identification and started telling us that she was a victim of domestic abuse in Seattle and had been relocated, Cross said.
Sadelmyer told police she was in a national domestic violence protection program after a former husband shoved her out of a moving car. Police immediately became suspicious, as they had never heard of such a program.
She said she had the name assigned to her, Eckels said.
Sadelmyer produced for Canonsburg police a New Jersey birth certificate for Marianne Jean Freeman. But police were able to determine the certificate was fake.
After seeing a photo and story about Sadelmyers arrest in the Observer-Reporter, a North Strabane Township woman contacted Canonsburg police. She told police that the woman, who identified herself as Marion Freeman Fields, said she was looking for a place to stay and found her address posted at a womans shelter. The woman told Sadelmyer that her house was not ready to be used as a shelter but agreed to let her stay.
The North Strabane woman told Canonsburg police that she was almost immediately suspicious of Sadelmyer. She had seen a briefcase carried by Sadelmyer reportedly containing numerous fake birth certificates, Social Security cards and numerous medical documents in the name of Marion Freeman. There were also newspaper clippings about the homicide in New York.
Prescription medications also would be mailed to Sadelmyer. She would visit various pharmacies in the area, mostly to obtain opiates. Sadelmyer also talked frequently to men who went by the names of Ave and Deuce.
There may be more aliases out there, Cross said. Who knows?
Police Chief R.T. Bell said his officers did a good job.
They could have just let it go, Bell said. But they kept digging.
A week ago, Sadelmyer waived charges filed by Canonsburg police while still insisting she did nothing wrong by using an alias. Police said Sadelmyer has waived extradition and likely will be returned to New York to face those charges.


text:
5 U.S. Code § 3104 - Employment of specially qualified scientific and professional personnel
(a) The Director of the Office of Personnel Management may establish, and from time to time revise, the maximum number of scientific or professional positions for carrying out research and development functions which require the services of specially qualified personnel which may be established outside of the General Schedule. Any such position may be established by action of the Director or, under such standards and procedures as the Office prescribes and publishes in such form as the Director may determine (including procedures under which the prior approval of the Director may be required), by agency action.
(b) The provisions of subsection (a) of this section shall not apply to any Senior Executive Service position (as defined in section 3132 (a) of this title).
(c) In addition to the number of positions authorized by subsection (a) of this section, the Librarian of Congress may establish, without regard to the second sentence of subsection (a) of this section, not more than 8 scientific or professional positions to carry out the research and development functions of the Library of Congress which require the services of specially qualified personnel.
Source(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 415; Pub. L. 90–83, § 1(7),Sept. 11, 1967, 81 Stat. 196; Pub. L. 91–375, § 6(c)(5),Aug. 12, 1970, 84 Stat. 776; Pub. L. 95–454, title IV, § 414(a)(2)(B), (C), title VIII, § 801(a)(3)(C),Oct. 13, 1978, 92 Stat. 1178, 1221; Pub. L. 99–386, title I, § 101(b),Aug. 22, 1986, 100 Stat. 821; Pub. L. 102–378, § 2(7),Oct. 2, 1992, 106 Stat. 1346; Pub. L. 110–372, § 2(c)(1),Oct. 8, 2008, 122 Stat. 4044.)
|U.S. Code
|Revised Statutes and Statutes at Large
|5 U.S.C. 1161 (less 2d sentence of (g)).
|Oct. 4, 1961, Pub. L. 87–367, § 202 "Sec. 1", 75 Stat. 789.
|Oct. 11, 1962, Pub. L. 87–793, § 1001(a)(2) "(g) (less 2d sentence)", 76 Stat. 863.
|5 U.S.C. 1162(c).
|Oct. 4, 1961, Pub. L. 87–367, § 202 "Sec. 2(c)", 75 Stat. 790.
|Oct. 4, 1961, Pub. L. 87–367, § 202 "Sec. 3", 75 Stat. 790.
In subsection (a), the authority to fix pay is omitted and carried into section 5361.
In subsection (b), the words "subsequent to February 1, 1958" appearing in former section 1162(c) are omitted as obsolete.
The Act of Aug. 1, 1947, ch. 433, 61 Stat. 715, as amended by the following Acts is omitted from the derivation and repealed (see Table II) as superseded by the Act of Oct. 4, 1961, Pub. L. 87–367, § 202, 75 Stat. 789, which is carried into this section and sections 3325 and 5361:
June 24, 1948, ch. 624, 62 Stat. 604.
July 13, 1949, ch. 332, 63 Stat. 410.
July 31, 1956, ch. 804 § 501(a), 70ch. 804 § 501(a),70 Stat. 761.
Aug. 10, 1956, ch. 1041, § 28, 70A Stat. 631.
June 20, 1958, Pub. L. 85–462, § 12(a)–(d), 72 Stat. 213A.
Sept. 23, 1959, Pub. L. 86–370, § 4, 73 Stat. 651.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|Section of title 5
|Source (U.S. Code)
|Source (Statutes at Large)
|5 App.: 1161(e).
|July 5, 1966, Pub. L. 89–492 § 5, 80 Stat. 262.
The other amendments to 5 U.S.C. 3104 are based on section 302 of the act of July 20, 1958, Public Law 85–568 (72 Stat. 433), 42 U.S.C. 2453, and transfer plan, effective March 15, 1960, 25 Federal Register 2151, section (2)(a)(2), (b) of which in effect transferred from the Department of Defense to the National Aeronautics and Space Administration 12 of the 450 scientific and professional positions authorized by section 2 ofPublic Law 86–377 (10 U.S.C. 1581). Provisions relating to the date for reporting to Congress are based on 10 U.S.C. 1582.
References in Text
The General Schedule, referred to in subsec. (a), is set out under section 5332 of this title.
2008—Subsec. (a). Pub. L. 110–372substituted "prescribes and publishes in such form as the Director may determine" for "prescribes".
1992—Subsec. (a). Pub. L. 102–378struck out "(not to exceed 517)" after "positions" in first sentence and amended second sentence generally, substituting provisions authorizing establishment of positions by Director and by agency action for provisions specifying that only Director may establish positions.
1986—Pub. L. 99–386struck out subsec. (b) relating to reports to Congress, redesignated pars. (1), (2), and (3) of subsec. (a) assubsecs. (a), (b), and (c), respectively, and substituted "subsection (a) of this section" for "paragraph (1) of this subsection" wherever appearing in subsecs. (b) and (c) as redesignated.
1978—Subsec. (a). Pub. L. 95–454, § 414(a)(2)(B), substituted provisions authorizing the Director to establish the maximum number of scientific or professional positions, excepting Senior Executive Service positions, and authorizing the Librarian to establish not more than 8 such positions for provisions authorizing the head of certain named agencies to establish a specified number of scientific or professional positions.
Subsec. (b). Pub. L. 95–454, § 414(a)(2)(B), (C), struck out subsec. (b), redesignatedsubsec. (c) as (b), and substituted in subsec. (b), as redesignated, "to fix under section 5361 of this title the pay for positions established under this section" for "to establish and fix the pay of positions under this section and section 5361 of this title".
Pub. L. 95–454, § 801(a)(3)(C), substituted in subsec. (b), as redesignated, "section 5371 of this title" for "section 5361 of this title".
Subsec. (c). Pub. L. 95–454, § 414(a)(2)(C)(i), redesignatedsubsec. (c) as (b).
1970—Subsec. (a)(5). Pub. L. 91–375repealed provision for employment in Post Office Department in scientific or professional positions of not more than 6 qualified individuals.
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–372effective on the first day of the first pay period beginning on or after the 180th day following Oct. 8, 2008, see section 2(d) ofPub. L. 110–372, set out as a note under section 5376 of this title.
Effective Date of 1978 Amendment
Amendment by section 801(a)(3)(C) ofPub. L. 95–454effective on first day of first applicable pay period beginning on or after 90th day after Oct. 13, 1978, see section 801(a)(4) ofPub. L. 95–454, set out as an Effective Date note under section 5361 of this title.
Amendment by section 414(a)(2)(B), (C) ofPub. L. 95–454effective 180 days after Oct. 13, 1978, see section 415(a)(3) ofPub. L. 95–454, set out as an Effective Date note under section 3131 of this title.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–375effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) ofPub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.
Experimental Personnel Program for Scientific and Technical Personnel
Pub. L. 105–261, div. A, title XI, § 1101,Oct. 17, 1998, 112 Stat. 2139, as amended by Pub. L. 106–65, div. A, title X, § 1067(3),Oct. 5, 1999, 113 Stat. 774; Pub. L. 106–398, § 1 [[div. A] title X, § 1087(d)(6), title XI, § 1113], Oct. 30, 2000, 114 Stat. 1654, 1654A–293, 1654A–314; Pub. L. 108–136, div. A, title IX, § 921(g), title XI, § 1116,Nov. 24, 2003, 117 Stat. 1570, 1636; Pub. L. 109–364, div. A, title XI, § 1103,Oct. 17, 2006, 120 Stat. 2408; Pub. L. 110–181, div. A, title XI, § 1108,Jan. 28, 2008, 122 Stat. 358; Pub. L. 111–84, div. A, title XI, § 1104,Oct. 28, 2009, 123 Stat. 2485; Pub. L. 112–81, div. A, title XI, § 1110,Dec. 31, 2011, 125 Stat. 1615; Pub. L. 112–239, div. A, title X, § 1076(c)(2)(A)(vi), title XI, § 1102(a),Jan. 2, 2013, 126 Stat. 1950, 1973, provided that:
"(a) Program Authorized.—During the program period specified in subsection (e)(1), the Secretary of Defense may carry out a program of experimental use of the special personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for research and development projects administered by the Defense Advanced Research Projects Agency and research and development projects administered by laboratories designated for the program by the Secretary from among the laboratories of each of the military departments.
"(b) Special Personnel Management Authority.—Under the program, the Secretary may—
"(1) without regard to any provision of title 5, United States Code, governing the appointment of employees in the civil service, appoint scientists and engineers from outside the civil service and uniformed services (as such terms are defined in section 2101 of such title) to—
"(A) not more than 60 scientific and engineering positions in the Defense Advanced Research Projects Agency;
"(B) not more than 40 scientific and engineering positions in the designated laboratories of each of the military services;
"(C) not more than a total of 10 scientific and engineering positions in the National Geospatial-Intelligence Agency and the National Security Agency;
"(D) not more than a total of 10 scientific and engineering positions in the Office of the Assistant Secretary of Defense for Research and Engineering; and
"(E) not more than a total of 10 scientific and engineering positions in the Office of the Director of Operational Test and Evaluation;
"(2) prescribe the rates of basic pay for positions to which employees are appointed under paragraph (1) at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 of title 5, United States Code, as increased by locality-based comparability payments under section 5304 of such title, notwithstanding any provision of such title governing the rates of pay or classification of employees in the executive branch; and
"(3) pay any employee appointed under paragraph (1) payments in addition to basic pay within the limit applicable to the employee under subsection (d).
"(c) Limitation on Term of Appointment.—(1) Except as provided in paragraph (2), the service of an employee under an appointment under subsection (b)(1) may not exceed 4 years.
"(2) The Secretary may, in the case of a particular employee, extend the period to which service is limited under paragraph (1) by up to 2 years if the Secretary determines that such action is necessary to promote the efficiency of the Defense Advanced Research Projects Agency.
"(d) Limitations on Additional Payments.—(1) Subject to paragraph (3), the total amount of additional payments paid to an employee under subsection (b)(3) for any 12-month period may not exceed the lesser of the following amounts:
"(A) $50,000 in fiscal year 2010, which may be adjusted annually thereafter by the Secretary, with a percentage increase equal to one-half of 1 percentage point less than the percentage by which the Employment Cost Index, published quarterly by the Bureau of Labor Statistics, for the base quarter of the year before the preceding calendar year exceeds the Employment Cost Index for the base quarter of the second year before the preceding calendar year.
"(B) The amount equal to 50 percent of the employee's annual rate of basic pay.
"(2) In paragraph (1), the term 'base quarter' has the meaning given that term in section 5302 (3) of title 5, United States Code.
"(3) Notwithstanding any other provision of this section or section 5307 of title 5, United States Code, no additional payments may be paid to an employee under subsection (b)(3) in any calendar year if, or to the extent that, the employee's total annual compensation in such calendar year will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3, United States Code.
"(4) An employee appointed under the program is not eligible for any bonus, monetary award, or other monetary incentive for service under the appointment other than payments authorized by this section.
"(e) Period of Program.—(1) The period for carrying out the program authorized under this section begins on October 17, 1998, and ends on September 30, 2016.
"(2) After the termination of the program—
"(A) no appointment may be made under paragraph (1) of subsection (b);
"(B) a rate of basic pay prescribed under paragraph (2) of that subsection may not take effect for a position; and
"(C) no period of service may be extended under subsection (c)(2).
"(f) Savings Provisions.—In the case of an employee who, on the last day of the program period specified in subsection (e)(1), is serving in a position pursuant to an appointment under subsection (b)(1)—
"(1) the termination of the program does not terminate the employee's employment in that position before the expiration of the lesser of—
"(A) the period for which the employee was appointed; or
"(B) the period to which the employee's service is limited under subsection (c), including any extension made under paragraph (2) of that subsection before the termination of the program; and
"(2) the rate of basic pay prescribed for the position under subsection (b)(2) may not be reduced for so long (within the period applicable to the employee under paragraph (1)) as the employee continues to serve in the position without a break in service.
"(g) Annual Report.—(1)(A) Not later than December 31 of each year in which the authority under this section is in effect, the Secretary of Defense shall submit to the committees of Congress specified in subparagraph (B) a report on the operation of this section. Each report shall cover the fiscal year that most recently ended before such December 31.
"(B) The committees of Congress specified in this subparagraph are—
"(i) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and
"(ii) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives.
"(2) The annual report shall contain, for the period covered by the report, the following:
"(A) A detailed discussion of the exercise of authority under this section.
"(B) The sources from which individuals appointed under subsection (b)(1) were recruited.
"(C) The methodology used for identifying and selecting such individuals.
"(D) Any additional information that the Secretary considers helpful for assessing the utility of the authority under this section."
[Pub. L. 112–239, div. A, title XI, § 1102(b),Jan. 2, 2013, 126 Stat. 1973, provided that: "The amendment made by subsection (a) [amending section 1101 ofPub. L. 105–261, set out above] shall not be construed as affecting any applicable authorization or delimitation of the numbers of personnel that may be employed at the Defense Advanced Research Projects Agency."]
[For reference to maximum rate under section 5376 of this title, see section 2(d)(3) ofPub. L. 110–372, set out as an Effective Date of 2008 Amendment note under section 5376 of this title.]
FBI Personnel Management System for Non-Special Agent Employees; Secretary of the Treasury
Pub. L. 113–76, div. B, title II, § 206,Jan. 17, 2014, 128 Stat. 67, provided that: "The Attorney General is authorized to extend through September 30, 2014, the Personnel Management Demonstration Project transferred to the Attorney General pursuant to [former] section 1115 of the Homeland Security Act of 2002 (Public Law 107–296; 28 U.S.C. 599B) without limitation on the number of employees or the positions covered."
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 113–6, div. B, title II, § 206,Mar. 26, 2013, 127 Stat. 257.
Pub. L. 112–55, div. B, title II, § 206,Nov. 18, 2011, 125 Stat. 619.
Pub. L. 111–117, div. B, title II, § 206,Dec. 16, 2009, 123 Stat. 3139.
Pub. L. 111–8, div. B, title II, § 206,Mar. 11, 2009, 123 Stat. 585.
Pub. L. 110–161, div. B, title II, § 206,Dec. 26, 2007, 121 Stat. 1913.
Pub. L. 109–108, title I, § 106,Nov. 22, 2005, 119 Stat. 2304.
Pub. L. 108–447, div. B, title I, § 109,Dec. 8, 2004, 118 Stat. 2868.
Pub. L. 105–119, title I, § 122,Nov. 26, 1997, 111 Stat. 2469, as amended by Pub. L. 105–277, div. C, title I, § 102,Oct. 21, 1998, 112 Stat. 2681–585; Pub. L. 107–67, title I, § 120,Nov. 12, 2001, 115 Stat. 525; Pub. L. 108–7, div. J, title I, § 119,Feb. 20, 2003, 117 Stat. 439; Pub. L. 108–199, div. F, title II, § 216,Jan. 23, 2004, 118 Stat. 320; Pub. L. 108–447, div. H, title II, § 216,Dec. 8, 2004, 118 Stat. 3241; Pub. L. 109–115, div. A, title II, § 216,Nov. 30, 2005, 119 Stat. 2439; Pub. L. 110–161, div. D, title I, § 115,Dec. 26, 2007, 121 Stat. 1978; Pub. L. 111–8, div. D, title I, § 113,Mar. 11, 2009, 123 Stat. 637; Pub. L. 111–117, div. C, title I, § 113,Dec. 16, 2009, 123 Stat. 3166; Pub. L. 112–74, div. C, title I, § 111,Dec. 23, 2011, 125 Stat. 890, provided that during 3-year period beginning on Nov. 26, 1997, Director of the Federal Bureau of Investigation could, with approval of Attorney General, establish personnel management system providing for compensation and performance management of not more than 3,000 non-Special Agent employees to fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in Federal Bureau of Investigation, further authorized Secretary of the Treasury to establish, for period of 14 years from Oct. 21, 1998, personnel management demonstration project providing for compensation and performance management of not more than combined total of 950 employees who fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in Bureau of Alcohol, Tobacco and Firearms, and further provided for submittal of reports to Congress and termination of authority to establish demonstration project on Nov. 26, 2000.
[Personnel management demonstration project transferred to Attorney General for continued use by Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, and Secretary of the Treasury for continued use by Tax and Trade Bureau, see section 599B of Title 28, Judiciary and Judicial Procedure.]
Termination of Authority To Establish Scientific or Professional Positions Outside the General Schedule
Pub. L. 95–454, title IV, § 414(a)(2)(A),Oct. 13, 1978, 92 Stat. 1177, provided that: "Notwithstanding any other provision of law (other than section 3104 of title 5, United States Code), the authority granted to an agency (as defined in section 5102(a)(1) of such title 5) to establish scientific or professional positions outside of the General Schedule is hereby terminated."
Pub. L. 95–454, title IV, § 415(a)(3),Oct. 13, 1978, 92 Stat. 1179, provided that the provisions of section 414(a)(2)(A) take effect 180 days after Oct. 13, 1978.
Limitations on Executive Positions Not To Apply to Individuals Occupying Those Positions on October 12, 1978
Pub. L. 95–454, title IV, § 414(a)(3),Oct. 13, 1978, 92 Stat. 1178, provided that:
"(A) The provisions of paragraphs (1) and (2) of this subsection [amending sections 3104 and 5108 of this title] shall not apply with respect to any position so long as the individual occupying such position on the day before the date of the enactment of this Act [Oct. 13, 1978] continues to occupy such position.
"(B) The Director—
"(i) in establishing under section 5108 of title 5, United States Code, the maximum number of positions which may be placed in GS–16, 17, and 18 of the General Schedule, and
"(ii) in establishing under section 3104 of such title 5 the maximum number of scientific or professional positions which may be established,shall take into account positions to which subparagraph (A) of this paragraph applies."
[Pub. L. 95–454, title IV, § 415(a)(3),Oct. 13, 1978, 92 Stat. 1179, provided that the provisions of section 414(a)(3) are effective 180 days after Oct. 13, 1978.]
[References in laws to rates of pay for GS–16, 17, or 18, or to maximum rates of pay under General Schedule, to be considered references to rates payable under specified sections of this title, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of this title.]
LII has no control over and does not endorse any external Internet site that contains links to or references LII.


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Homeowners in the Cleveland Area Paid Median of $103,000, 2011 American Housing Survey Reports
Homeowners in the Cleveland-Elyria-Mentor, Ohio, metro area paid a median of $103,000 for their homes, according to a 2011 American Housing Survey profile released today. The median purchase price of homes constructed in the past four years was higher at $260,000. Nationally, homeowners paid $110,000 overall and $235,000 for new construction. There was no statistically significant difference between the national and Cleveland median purchase price of homes constructed in the last four years.
The profile released today provides information on the area's housing costs, mortgages and a variety of other physical and financial characteristics about housing in the Cleveland area. The statistics come from the American Housing Survey, which is sponsored by the Department of Housing and Urban Development and conducted by the U.S. Census Bureau, and is the most comprehensive housing survey in the United States. National data are collected every odd-numbered year and metropolitan area data are collected on a rotating basis.
"The last five years remind us how central housing is to each of us personally, to the fiscal health of our cities and counties, and the national economy. For 40 years, the American Housing Survey has provided a unique set of data that connects the detailed characteristics of who is living in homes to the detailed characteristics of the homes themselves," said Kurt Usowski, HUD's Deputy Assistant Secretary for Economic Affairs. "From the American Housing Survey, we can see why people chose to move, how often homes need repairs, and the extent to which housing costs are outpacing income growth. All this information can help inform policymaking around continued recovery in Cleveland and other metropolitan areas."
"We are pleased to have the opportunity to collaborate with HUD on these profiles," said the Census Bureau's Arthur Cresce, Jr., Assistant Division Chief for Housing Characteristics. "Analysts in government and business study the nation's housing very closely and the AHS yields a wealth of information that can be used by professionals in nearly every field for planning, decision-making, and market research."
Some highlights for the Cleveland area include:
Physical Characteristics
Financial Characteristics
The American Housing Survey coverage of the Cleveland-Elyria-Mentor, Ohio, metro area matches the 2009 Office of Management and Budget definition.
For a complete set of tables from the American Housing Survey, definitions, sample design, and more


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Baseball Faces Nebraska & Air Force in Midweek Contests
OMAHA, Neb. - With a new No. 30 ranking from Collegiate Baseball Newspaper, the Creighton baseball squad battles Nebraska and Air Force in back-to-back midweek contests on Tuesday, April 9 and Wednesday, April 10.
4/9: Creighton @ Nebraska - 6:35 p.m. (Hawks Field at Haymarket Park)
Radio Broadcast: 1620 KZOT
Video Stream Available: http://video.btn.com/allaccess/ (Subscribers Only)
4/10: Air Force @ Creighton - 3 p.m. (TD Ameritrade Park Omaha)
Radio Broadcast: 1180 KZOT
Live Stats: www.gocreighton.com
Twitter: @GoCreighton, @cu_baseball
Last Week
The Jays swept Bradley over the weekend completing a 4-0 week, following a 6-4 win at Kansas on
Tuesday, April 2. Creighton has won seven of their last eight games.
Tuesday, April 9 & Wednesday, April 10
For just the second time in the 2013 season, the Bluejays will play five games this week, beginning the annual three-game set with Nebraska on Tuesday, April 9 and hosting Air Force on Wednesday. The Jays close out the week with three games in Terre Haute, Ind. against Indiana State.
Live Stats & Twitter
Follow the Jays via live stats at www.gocreighton.com and get updates via Twitter, @gocreighton and @cu_baseball.
Radio Broadcast
The radio broadcasts of Creighton Baseball features John Bishop and Dave Gustafson. The dynamic duo will be on KOZN 1620 the Zone pm Tuesday at 6:15 p.m., while Wednesday's game will be carried on KZOT 1180 Zone2 at 2:45 p.m.
Video Webstream
Creighton's contest at Nebraska is available online at http://video.btn.com/allaccess. The video is available to subscribers only or for a fee.
What's Next?
Following the two midweek contests, Creighton travels to Terre Haute, Ind. for the final time as a member of the Missouri Valley Conference. The Jays face off with Indiana State in a three-game series from Friday, April 12 to Sunday, April 14.
Jays vs. Nebraska
Located less than an hour apart, Creighton and Nebraska are familiar foes on the baseball field.
Nebraska holds an 81-41-2 series edge on the Jays, including five of the last seven meetings. The Huskers have taken the three game series in 2011 & 2012 two games to one, while Creighton's last series win came in 2010 (also 2-1). Coach Servais is 11-18 versus Nebraska in his career. When playing in Lincoln, the Huskers hold a 35-27-1 edge over the Bluejays.
Last three seasons vs. Nebraska
April 6, 2010 W, 13-5
April 20, 2010 W, 8-5
May 18, 2010 L, 5-21
April 5, 2010 L, 5-8
April 19, 2011 L, 1-2
May 10, 2011 W, 9-8
April 10, 2012 L, 3-5
April 24, 2012 L, 1-4
May 8, 2012 W, 8-1
Scouting the Huskers (13-17)
Nebraska opened the 2013 season a bit sluggish, dropping its first seven games. Since that point the Huskers are 13-10, with series wins over Illinois, Northwestern and Iowa to open Big Ten play.
As a team, Nebraska is hitting .279 on the season. Senior Chad Christensen is the biggest threat in the order, leading the Huskers with a .383 average and 46 hits on the season. Batting in the cleanup spot, Christensen also leads the team with 23 runs scored and eight stolen bases.
On the mound the Huskers have a combined 5.12 ERA, but have gotten solid innings from senior Dylan Vogt and sophomore Josh Roeder out of the pen. The duo have a 1.78 and 0.57 ERA respectively, appearing in 24 games combined. Vogt leads the squad with five saves, while Roeder has allowed just one run (earned) in 15.2 innings.
First Meeting Critical
Since head coach Ed Servais took over for Creighton in 2004, the team that has won the first meeting between Nebraska and Creighton has taken the series each except 2009 when only two games were played.
Series Record since 2004:
2004: 1-2
2005: 2-3
2006: 0-3
2007: 2-1
2008: 0-3
2009: 1-1
2010: 2-1
2011: 1-2
2012: 1-2
Jays vs. Air Force
Creighton leads the series with the Falcons, 19-7, but Air Force has taken three of the last four meetings. The last time the two teams met was in 2011, when the squads split a doubleheader (1-2 & 11-9). Coach Servais is 5-3 in his career against the Falcons.
Last three seasons vs. Air Force
April 27, 2010 L, 3-4 (7)
April 27, 2010 L, 2-6 (7)
March 16, 2011 L, 1-2
March 16, 2011 W, 11-9
Scouting the Falcons (9-21)
Air Force broke out of an eight-game slide with an 11-4 win over New Mexico on Sunday, April 7. Like Creighton, the Falcons will be in action on Tuesday, playing at Omaha.
Air Force enters the week with a team average of .279, led by three starters hitting over .340. Garrett Custons, Peter Johnson & Seth Kline (hitting .364, .362 & .345 respectively) have a combined 59 RBI and 54 runs scored. Custons is the Falcons' leadoff man, boasting a team-best eight stolen bases.
On the mound the Falcons have struggled with a 5.28 ERA. Todd Del Toro is schedule to get the start on Wednesday for Air Force, the senior enters the week with a 5.40 ERA in 8.1 innings.
Gearing Up
Creighton always seems to play some of its best ball the weekends before playing Nebraska. In its last 16 meetings with Nebraska dating back to late 2006, Creighton is 44-12 in the weekend series prior to a mid-week Nebraska meeting. That includes ten 3-0 sweeps, one 2-0 sweep, four 2-1 series victories.
Fast Facts
Creighton's last walk-off win over Nebraska came on April 5, 2005, when former Husker outfielder Matt Daeges had a ninth-inning double-that plated Gabe Lapito and gave the Jays a dramatic 4-3 win at Rosenblatt Stadium.
Castagnini Becomes Fourth Jay to Claim MVC Player of the Week Honor
Junior Federico Castagnini became the fourth differing Jay to earn the Missouri Valley Conference Player of the Week nod on Monday, April 8. Returning to the field from an injury on Friday that had kept him out for four games, Federico was instrumental in the Jays sweep of Bradley. The two-hole hitter for Creighton, Castagnini led Creighton with a .545 average (6-for-11) with four runs scored and two RBI in the series. He provided the decisive RBI in the Jays' win on Friday (5-4), ripping a single past first base in the seventh inning. He closed the week with a .643 on-base percentage and a .545 slugging %.
Earlier this season, fresham Reagan Fowler (March 25), sophomore Jake Peter (March 18) and senior Alex Staehely (Feb. 18) claimed the conference nod.,
Road Warriors
Creighton currently boasts a record of 8-2 in roads games this season, which is tied for the 10th-best road winning percentage in the nation.
Jays Climb to No. 30 in Collegiate Baseball Poll
Creighton, which leads the Valley with an overall record of 18-6 (5-1 MVC) has entered the polls for the first time this season, coming in at No. 30 in the latest (Apr. 8) Collegiate Baseball Newspaper poll. The last time the Jays were ranked came on May 30, 2011 (ranked 25 entering NCAA Regionals).
Creighton Baseball Receiving Votes in NCBWA Poll
The latest National Collegiate Baseball Writers of America (NCBWA) Top 30 poll, released on Monday, April 8 lists Creighton baseball squad is among the teams receiving votes. The last time the Jays were mentioned the NCBWA 2012 Poll was on Feb. 25.
Fowler Continues to Find a Way On
Freshman Reagan Fowler extended his string of reaching base safely to 24, despite collecting just one hit in his last four games. Fowler has reached in all the Jays' 24 contests this season, 20 times via a hit and four times with a base on balls.
Sophomore Jake Peter is nipping at Fowler's heels, reaching in 16 straight.
Steak Snapped
Peter's season-high 11-game hitting streak was snapped on Saturday, April 6. The Jays' longest
current hit-streak is owned by junior Mike Gerber at five.


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text: Music In this week's print edition, we published an oral history commemorating the 20th anniversary of the Meat Puppets appearing on Nirvana's legendary episode of MTV Unplugged. Here are the complete Q&As with Cris and Curt Kirkwood and the show's producer, Alex Coletti, featuring more remembrances and tidbits about the performance that didn't make it into the print piece. Curt KirkwoodMeat Puppets ... More


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2013 Season Tickets and Price Adjustments
Season tickets are already on sale for the 2013 season at Citi Field, which you can learn more about here.
"No seats will be available for less money than in 2012," Howard Megdal writes in a report for Capital New York. "However," based on a year-by-year comparison, Megdal determines, "the prices of a significant number of tickets will go up more than seven percent, from the least expensive seat in Citi Field, Promenade Reserved, to a large number of the field level seats."
In Megdal's opinion, "The Mets appear to be relying on the promise of a chance to buy All-Star Game tickets as a spur to new attendance."
Matthew Cerrone, Lead Writer
Megdal is right about milking the All Star Game, but every team that hosts it does this and it's totally understandable. I'm sure the Mets will see a slight boost, but the bigger boost will come from what happens in the 162 games that actually matter…
That said, I don't typically comment on ticket prices, because fans can vote on this issue with their wallets. If priced right in accordance with the on-field product, for the most part, most tickets will sell. If prices don't match up with the on-field product, they won't. It's basic supply and demand and the value of entertainment. If the Mets want to change ticket prices, for whatever reason they want to do it, that's fine. It's their building, they can do with it what they want. But, every action has a reaction, and time and money (not words on a blog) will determine if the team's decisions were right.
Frankly, I have less an issue with ticket prices and how they're sold and more of a problem with paying $4.50 for a bottle of water…


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I make rosaries with 8mm filigree silver bead caps with Czech glass beads. I have glued the bead cap onto the Czech 8mm bead so that it doesn't move apart when being handled in prayer. What type of adhesives are correct for this application?
- A. Read the Answer
Can you tell me which of the Czech glass beads would be best to use for the birthstones designated to each month? It is difficult to distinguish the colors on some of the blues to be sure. Any suggestion would be appreciated. Thanks!
- A. Read the Answer


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|Governor Visits Hardin Park School
|Written by Terry Gunnell-Beck
|Saturday, 11 June 2011 10:05
Governor Bev Perdue was in Boone Friday visiting Hardin Park Elementary School. The obvious discussion was Education and the Budget. Superintendents from three area school systems Watauga, Allegany, and Ashe counties were also on hand as well as Appalachian State's Chancellor Kenneth Peacock.
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Whether you want to give your dusty old blog a new coat of paint or are drowning in a sea of posts and categories, Gonzo is here to your rescue. It's a great way to simplify and present your content in a way that is accessible, logical and beautiful.Posted in Web Design → Blog
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A fully responsive one page web template, with plenty of style options for different types of content (blog posts, features, forms, etc).Posted in Web Design → Portfolio
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A great site for a music blog about hardcore, screamo, punk, and indie. I really like the simple layout, it makes it easy to grasp the purpose of the site. The large photographic slider works well to grab the attention of casual visitors.Posted in Web Design → Music
A solid design for a design blog that features a simple but effective gallery of recent works. I particularly like the strong typeface and message of the header, the logo also helps the site make an impact.Posted in Web Design → Blog
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A very stripped back and clean design blog. I like the clear use of the two column layout and the muted colours of the background and text. I particularly like the use of yellow as the highlight colour.Posted in Web Design → Blog
A stylish personal blog and portfolio for a web designer and developer. I like the boldness of the background colour, the circular headshot, and the intuitive layout. It's always good when you can garner what the site is for in a couple of seconds!Posted in Web Design → Blog


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click to order Strength of the Wolf
direct from Verso
my book of poems
A Crow's Dream
With Our Eyes Wide Open: Poems of the New American Century
Check out the anthology I'm editing, to be published in March 2014 by West End Press
"Doug Valentine has assembled an impressive collection of poets who have courageously born witness to the consequences of an insidious corporate plutocracy: endless warfare subsidized by munitions profiteers, enslaved women and children toiling in quarantined sweatshops, ubiquitous famine in even the wealthiest of nations, imprisoned dissidents executed in broad daylight, and the wholesale destruction of the planet that nurtures us. Against the backdrop of our own time--an age George Orwell once characterized as a "cesspool full of barbed wire"--the poets in this anthology raise their voices in a collective act of rebellion. In so doing, they inspire us toward our own renewed efforts to secure peace and justice in a world more and more bereft of such virtues." Robert Bernard Hass, Edinboro University
Published Works
A Crow's Dream - my first book of poems
The Hotel Tacloban, a highly praised account of my father's experiences in a Japanese prisoner of war camp in World War II.
The Phoenix Program, described by Professor Alfred W. McCoy as "the definitive account" of the CIA's most secret and deadly covert operation of the Vietnam War.
TDY, a fact-based novel about an Air Force photojournalist who participated in a secret military mission that documented CIA drug smuggling in Laos in 1967.
The Strength of the Wolf: The Secret History of America's War on Drugs, recipient of the Choice Academic Excellence Award .
The Strength of the Pack: The Politics, Personalities and Espionage Intrigues That Shaped the DEA, described by Peter Dale Scott as "an indispensible resource for those who wish to understand the politics of drug enforcement in America; and for those with any sense of the subject's real importance it is a gripping read as well."
The Hotel Tacloban and The Phoenix Program are available through iUniverse.com as backinprint books under the Authors Guild imprint. TDY is also available through iUniverse.com.
See my Books page for ordering information.
My tape recorded interviews with numerous CIA officers in the Phoenix program are available to the public at the National Security Archive
The Douglas Valentine Vietnam Collection at the National Security Archive in Washington, DC, has been open and used by researchers since early 2007. The Collection contains the research material, including audio files of interviews with senior CIA and military officers in the Phoenix program, original handwritten interview notes, and government documents obtained from CIA and military officers as well as through FOIA requests, for my book The Phoenix Program. The Collection can only be used in the National Security Archive's Reading Room; it is not available for interlibrary loan and an appointment must be made to use it. The "resguide" link below will help anyone who wants to read the material.
Valentine Collection at Texas Tech
my interview tapes with CIA officers in the Phoenix program are now available at Texas Tech too
Link to the document the Department of Justice posted online regarding my Privacy Act request from the CIA.
This case was heard in federal court
Phoenix audio files and documents at Cryptocomb
Many of the most important Phoenix documents and the first four taped interviews are up at Cryptocomb. More to follow. The documents show the development of "targeted kills," "administrative detention" and "High Value" rewards programs, among other things relevant to the eternal war on terror and Homeland Security.
The Strength of the Wolf has been published online in Russian and is available by clicking this link
Some documents from the file the CIA keeps on me as a result of my work on The Phoenix Program (654.0KB)


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Liberty-minded Rep. Ron Paul (R-Texas) announced plans this week to re-introduce a bill that would hold Transportation Security Agency (TSA) screeners liable for violating laws on sexual assault, as well as laws on the production of lewd images and potentially causing harm through mass radiation of passengers with so-called "naked body" scanners.
The legislation, called the "American Traveler Dignity Act," would subject TSA employees to the same system of rules governing everyone else. "It means they are not above laws the rest of us must obey," Paul explained in his July 5 "Texas Straight Talk" report announcing the decision to re-introduce the bill.
Click here to read the entire article.


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Invitation From Founder
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text: Answers magazine is the Bible-affirming, creation-based magazine from Answers in Genesis. In it you will find fascinating content and stunning photographs that present creation and worldview articles along with relevant cultural topics from different authors. Each quarterly issue includes a detachable chart, a pullout children's magazine, a unique animal highlight, excellent layman and semi-technical articles plus bonus content from the AnswersMagazine.com website. Our purpose is to equip you, our reader, with practical answers so you can confidently communicate the gospel and biblical authority with accuracy. Why wait? Subscribe today!


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Kim Havell is one of the world's premier female ski mountaineers. Her career began as a ski coach in the Telluride valley before transitioning to climbing and ski mountaineering in the San Juan Mountains. Before leaving Telluride, Kim went on to claim first female descents on several classic lines. She is one of only a handful of females to have major ski descents on all seven continents, including first descents on four of them. Kim has been featured in several ski films over the years, and when not skiing, keeps herself busy by writing for Outside Magazine, Powder, ESPN, National Geographic and more.
"Whoever has the most fun wins - Alex Lowe"


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NEW YORK (MarketWatch) — The missing piece of the economic puzzle, the one thing that has made this recovery so much weaker than previous ones, may finally be falling into place: The housing market appears to be in a sustained recovery from what can only be called a depression.
So far, new home sales in 2012 are up sharply on average from 2011, while existing home sales are up, too, according to the National Association of Home Builders. Inventory has dropped substantially. See NAHB data.
And median sale prices of new and existing homes have risen by around 5% so far this year, their biggest price increases in years.
The kitchen that ate the house
Some buyers feel that parties always end up in the kitchen, so why not cut to the chase, and design a kitchen large and attractive enough to become a party venue itself?
More than 100 economists polled by Pulsenomics for the real estate website Zillow expect the good times to roll. They foresee home price increases of around 2.3% this year, but also think residential real estate will continue recovering for the next four years.
Read Gold's take on what investors should do in these turbulent markets on MoneyShow.com.
By 2016, the economists project, the S&P/Case-Shiller U.S. National Home Prices index will have advanced by a cumulative 15.2%, a 3% annual gain during that time. Hey, if it happens, I'll take it.
Zillow's chief economist, Stan Humphries, said economists are more bullish on housing than at any time since mid-2010, when the government was desperately handing out tax credits to anyone who could be roped into buying a home.
Now interest rates are still low, but the sharp drop in home prices has made homes affordable again for a large number of buyers. "Housing prices are at 2004 levels and interest rates are the lowest we've seen in 20 to 30 years," Humphries told me.
Meanwhile, the U.S. home ownership rate has fallen to just above 65%, its lowest since 1997, and about four percentage points below its bubble peak of 69.2%. Read about the decline in home ownership rates on Bloomberg.
And growing demand for rental housing is driving rents higher. Read about rents rising while home prices fall on U.S. News.
Plus, there could be one to two million new households that would have formed but didn't because of the recession and housing bust. These include roommates tripling up and adult kids living in mom and dad's basement. As the economy and housing market improve, they will start looking for a home of their own.
"We're seeing a huge run-up now in demand for units. There is a large pent-up demand for household formation," said Amy Crews Cutts, chief economist for credit bureau Equifax. "You add up all these things, there's a strong demand for housing." She doesn't expect any new waves of foreclosures, either.
"What we're seeing right now is driven by fundamentals," said Humphries.
The Federal Reserve is doing its bit, too, said Cutts. Under the Fed's QE3 policy, the central bank is buying $40 billion in mortgage-backed securities a month — about as much as Freddie Mac produces. "They're buying one-third of the market every month," she said.
Read Gold's analysis of why the Fed's QE3 policy was a failure on MoneyShow.com.


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|Print Page
Larry Kulow
PRICE - Our loving husband, father, grandfather and beloved brother, Larry Jay Kulow, age 68, passed away Oct. 9, 2012 at his home.
Betty LeFlore Reaveley
Our loving mother and grandmother, Betty LeFlore Reaveley, passed away tragically on Oct. 6, 2012, exactly one year from the time of her husband's passing. She was taken from us too soon and before we were prepared to say goodbye. ...
Thomas Brandt Anderson
PRICE - Thomas Brandt Anderson, 71, passed away Sept. 27, 2012 in St. George.
Claudia Lee Atwood Grange
Claudia Lee Atwood Grange, age 58, our best friend, hero, doctor, but most importantly our wife, mother, grandmother, and daughter passed away Oct. 6, 2012 in Eagle Mountain.
Roy L. Collins
Roy L. Collins, of East Carbon, died Friday, Oct. 5, 2012 at the Grand Junction, Colo. V.A. Hospital.
Ken L. Moosman
CLAWSON - Ken L. Moosman, age 64, passed away Oct. 9, 2012 in the mountains doing what he loved best, riding horses. Ken was born June 14, 1948 to Boyd and Beth Prescott Moosman. He married Joni Elizabeth Starr on June 12, 1976 in Spanish Fork. Thei...
|Print Page


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- Northern New York Newspapers
- Watertown
- Ogdensburg
- Massena-Potsdam
- Lowville
- Carthage
- Malone
- NNY Business
- NNY Living
- NNY Ads
CARTHAGE How will the Affordable Care Act affect area businesses? The Carthage Area Chamber of Commerce will host a seminar for business owners to help answer that question.
The free seminar will be from 9 to 11 a.m. Oct. 17 at Meadowbrook Terrace Assisted Living Facility, 21957 Cole Road. The interactive seminar is designed to prepare employers for the changes that will be implemented under the health care law.
Topics to be discussed include the status of the state marketplaces, the definition of full-time employees, affordability and an overview of the new law.
Michael Grinnell of First Niagara Bank will facilitate the program.
Space is limited. To sign up, call Cheryl Schroy at 575-4999 or send an email to firstname.lastname@example.com.
Thousands of readers like you have made Northern New York Newspapers the number one ranked website* for local news and sports coverage in the north country.
You can continue on to this article in a few seconds, or you can visit one of our websites:


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Cobalt Nexus iPad Skin
Price: $19.99 USD
In Stock - Worldwide Shipping
The Matte finish is a non-glossy, satin-type finish that give Skins an arty look and feel (art pieces, professional photos, canvases are usually matte). It is fingerprint and smudge resistant, and looks gorgeous with most designs.
The Gloss finish is a shiny finish that gives Skins an expensive, classy and sophisticated look (like a really shiny car). Designs look more vibrant with a gloss finish.
View your Shopping Cart or Style Another Device with "Cobalt Nexus"
Just got my skin about a week ago and I am loving it. It looks great on the phone and it really gives it a distinct look. Also, it turns out my friend just got a new phone and it turns out it's the same phone I have, so it's great because there won't be any mistaking which phone is which when we hang out. Lol.Erika Gutierrez, United States


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If you have an nvidia card then the likely solution is :Quakelive uses OpenGL, nvidia introduced OpenGL 3.3 with their 197.13 drivers that were pushed to windows update.If you do not have an nvidia card then at this point I can only suggest either trying internet explorer instead, or backing up your firefox bookmarks, completely removing firefox, reinstall firefox and quakelive only. Try the game then.
the OpenGL 3.3 support in that version has bugs which come to light with quakelive, causing problems after any initial run of the game client.
The solution is to use earlier nvidia drivers (195.81 or older), or 197.25 or later.
Various plugins or extensions can cause problems that cause firefox to not terminate correctly, or slowly wind down to a crawl.
edit: also (especially for users of the newer 250.xx and 260.xx drivers, but this may work with older ones too) -


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Enter your Email Address and click 'Continue' Example: email@example.com For further assistance in retrieving your
password, please call:
(800) 770-3387 Submit Cancel Forgot Password Close /TravelSmith/US/Global/Popups/forgot_password Enter your email address:
false pdp {"scheme":"product1_cr"}
false pdp {"scheme":"product2_cr"}
Rated 4.7 out of 5 by 6 reviewers.
Rated 5 out of 5 by Hikermom Great pants. These are great pants. I am taking them on safari, and they should be able to go into the bush or the restaurant. They need more colors! March 30, 2015
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Product:22502-Original Fit Adventure-Stretch Cargo Pants