text:
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Insurer tries to cut damages pay out to teenage pedestrian due to her lack of hi vis clothing on country road
Case goes to Court of Appeal and could have implications for cyclists
Previous News
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An insurance company says that a teenage girl left brain damaged after she was hit by a car on a country lane at night is partly to blame for her injuries because she should have known to take the precaution of wearing reflective clothing. The case, which is due to go before the Court of Appeal, echoes previous ones in which insurers have attempted to establish contributory negligence on the part of cyclists not wearing helmets.
Should the Court of Appeal establish that there was an element of contributory negligence on the victim's part, the case could have repercussions on cyclists in terms of what they choose to wear when on their bikes.
Pointing out that in many of the UK's fellow EU Member States the legal system presumes liability on the drivers' part in incidents in which more vulnerable road users suffer death or injury, Roger Geffen, Campaigns and Policy Director at National Cyclists' Organisation CTC said: "In many other western European countries, a 13 year old girl brain-damaged in a car collision would be presumed to be entitled to compensation from the driver's insurance.
"Yet in Britain, she and her family not only have to deal with the aftermath of her horrific injury, but are also now facing the trauma of proving that it was not her fault.
"It is high time we reversed this creeping assumption that injured pedestrians and cyclists are to blame for not warning the driver that they were there.
"If the Government wants to encourage more people to walk and cycle, it must provide much better legal protection for those who do so, expecially for children and older people."
Bethany Probert was aged 13 at the time of the incident, which took place near Silverstone, Northamptonshire, in 2009, reports The Times [£]. She was returning home on foot from the stables where she kept her horse, having decided to walk instead of waiting for her mother to come and give her a lift home.
As she walked along the unlit road, described as "narrow and bending" and which had no pavement, pedestrians instead having to use the grass verge, Bethany, now aged 16, was struck by a car driven by fitter Paul Moore, who was on his way to work and said he had not seen the teenager.
After the collision, he searched for her and discovered her in a ditch, his actions said to have saved her life.
Speaking to The Times, Bethany's mother Jo said: "Her head was just open like a book. For a while they just dripped morphine in. They didn't expect her to live. I am not going to say the word 'thankful' to the driver but I don't feel animosity."
Moore's insurers, Churchill, admit liability on his part but are seeking to reduce the quantum of damages, which may amount to £1 million, by arguing that given her experience of horse riding Bethany, now aged 16, should have known to take the precaution of high visibility clothing.
Lawyers acting on behalf of Churchill said that Bethany "should have been obvious to a girl of her age."
That argument was rejected by High Court judge, Mr David Pittaway, QC, who said: "An ordinary 13½-year-old should not be expected to consider taking the same level of precautions as an adult.
"It would be asking too much of her to say that she should not have started to walk home at all or should not have started to walk home without borrowing a high-visibility jacket, reflective markings or torch from the stables. Her decision to walk home was ill-informed but not culpable."
He added that the speed of Moore's vehicle, 50 miles an hour at the time of impact, was too high for the type of road and fact he was driving at night, although the speed limit in force was not reported.
In reaching his decision, the judge was upholding a principle established in a 1966 decision by the Court of Appeal regarding a 13-year-old girl who had walked into the path of an approaching vehicle.
The test to be used was that the behaviour should be assessed in line with the behaviour of an ordinary child, with the Lord Justice Salmon saying in that case:
"I do not mean a paragon of prudence; nor do I mean a scatterbrained child; but the ordinary child of 13," he said.
While the judge in Bethany's case has awarded full damages against Moore to help adapt a new home for her condition and compensation for her injuries, permission has been granted for the decision to be challenged in the Court of Appeal, with Churchill saying: "While we accept that our insured was liable in part for the accident, we are appealing the decision that he was entirely to blame."
RJW Slater & Gordon, the firm of solicitors acting for Bethany, commented: "This is the first case on the question of an accident victim's culpability for walking on the road at night for more than 20 years and the first case of a child's culpability."
An article on contributory negligence on the website of national cyclists' organisation CTC discusses attempts made in recent years by insurance companies to establish an element of contributory negligence in cases where cyclists have been injured who were not wearing helmets at the time of collision.
Insurers have even tried to get judges to accept that such claimed contributory negligence applies in cases where involving child cyclists for example where no head injury was involved.
One judge cited in the CTC article suggested that arguments that cyclists not wearing helmets could carry a proportion of blame, although Paul Kitson of Russel Jones & Walker, CTC's solicitors, said he believed that such remarks were made obiter dicta – observations made by a judge that are of general application rather than being pertinent to the case in question – and would therefore not be binding.
I ride a motorbike as well as a bicycle, let me tell you this is VERY common, almost every biker I know who has had an accident the insurance company has tried to reduce their claim with contributory negligence, be it Hi-Viz, Speed, Not having a white helmet (I kid you not).
I was hit buy a parked car that decided to pull out, they tried it on with me for not having Hi-Viz clothing on, I was lucky as I was in fact wearing a Hi-Viz and after the driver of the car confirmed this they paid out in full, they are the lowest of the low, that Hi-Viz jacket really saved me from being knocked off !
posted by mikeprytherch [220 posts]
5th February 2013 - 20:22
posted by paulfg42 [394 posts]
5th February 2013 - 20:57
The law requires a person to be at least 18 and to have passed a test to show that they know the HW code and can competently drive a vehicle. The victim in this instance is 13 and has passed no test but Churchill is arguing she shares liability for having the misfortune of being in the same public space driver decided to use for speeding?
Any judge or jury that buy's that is warped.
posted by ron611087 [169 posts]
5th February 2013 - 21:18
Scumbag insurers. How do folk like that sleep at night?
In a fucking massive bed, in a fucking massive mansion.
posted by Matt_S [226 posts]
5th February 2013 - 21:39
I think everybody knows, that the first thing insurance companies do when a claim is submtted, is how do we avoid paying out. If you have ever made a claim, for anything you will know all the questions you have to go through, if you speak to them on the phone, it is recorded, then they will ask you the same questions again to see if there is any variation in your answers, at that point you have lost your claim
posted by jackson2times [3 posts]
5th February 2013 - 22:19
Does the Highway Code say that pedestrians should wear such things in such circumstances?
I think not.
But it will say that it is the motorist who needs to take care of other road users.
I rest my case.
posted by northstar [1113 posts]
5th February 2013 - 22:36
paulfg42 wrote:Scumbag insurers. How do folk like that sleep at night?
In a fucking massive bed, in a fucking massive mansion.
Ha ha ha ha!
That is the funniest thing I've read for a while, it genuinely made me laugh out loud.
posted by Simon E [2368 posts]
5th February 2013 - 22:38
Typical of this insurance company.Churchill whose motto should be "Oh no" not "oh yes".
I was hit by a driver back in December as she drove out of a side street and hit me broadsides she admitted liability and the police were witness to the accident. Still this company refused to pay for the replacement of the snapped carbon bike and offered me £350 instead of £2225 for the bike and other bits . I refused and stated that I would have to go via a solicitor," If that's what you want to do " was their attitude ,so I did and a year and two months later still waiting for the now personal injury claim .They did have to pay up for the bike though .and also by the time the case is over they will have paid £10,000 in legal fees . the only way to deal with these companies is to boycott them and cancel any policies with them .another example is Friends life see the story behind this bunch of crooks. www.change.org/nicsfight
posted by rickallison [8 posts]
5th February 2013 - 23:09
Churchill are owned by Direct Line Group. Direct Line Group are owned by RBS. RBS are 82% owned by the UK Government.
So it's (pretty much) YOUR insurance firm, earning YOU revenue (£4.5Bn last year, BTW) that are doing this.
Angry? Write to your MP. Close your RBS account. Cancel your Direct Line policy.
Someone really should set up a website a la the NoTW takedown, to give a focus for all the crossness out there at this move by a company owned mostly by us.
I was told there would be Cake. Luckily there's http://TestValleyCC.org.uk
posted by KiwiMike [897 posts]
6th February 2013 - 1:17
All those supposedly progressive alternative comedians from the 80s and 90s who have since done commercials for Churchill (and other insurers) must be really proud of themselves when they hear of stories like this.
One was sacked by Churchill for picking upn a drink driving conviction, another has just been given the boot for reaching 12 points on speeding offences resulting in a driving ban.
posted by Al__S [872 posts]
6th February 2013 - 9:31
I might be missing something here, but does anyone have any links to any social media they may use? I've found a couple of accounts the appear to be dormant on Twitter.
posted by farrell [1908 posts]
6th February 2013 - 10:18
...road, described as "narrow and bending" and which had no pavement, pedestrians instead having to use the grass verge
Sorry, no. Where a separate footway is not provided, pedestrians have to take their chances on the road. Though it is advisable for them to be ready to leap onto the grass verge at very short notice should an inconsiderate/inattentive driver come around the corner and fail to notice them.
Drivers should be aware of the likelihood of pedestrians on roads such as this and adjust their driving accordingly. Disgusting behaviour from the insurer in this case, but others have said, only par for the course.
I think it's fair to say that many people in rural areas will drive relatively short journeys (even to and from the pub) because they feel it is not safe to walk on the roads, due to the "roads are for cars" attitude that is so prevalent.
posted by Bhachgen [106 posts]
6th February 2013 - 10:43
Churchill are owned by Direct Line Group. Direct Line Group are owned by RBS. RBS are 82% owned by the UK Government.
No longer the case (sold off in 2012).
Am I right in thinking: the implication of this appeal, should it succeed, is that anybody leaving the house after dark without hi-viz would be found negligent in the case of an accident?
posted by phy2sll [30 posts]
6th February 2013 - 12:37
Direct Line is a publicly listed company. You can buy shares in it and that entitles you to go to the Annual General Meeting and ask awkward questions of the Board.
Just a thought....
I'm a human being, God damn it! My life has value. I'm as mad as hell and I'm not going to take this anymore.
posted by Carl [136 posts]
6th February 2013 - 13:58
Do they have a meeting coming up anytime soon?
If so I suggest an en masse visit by pedestrians and cyclists to spend our time bumping in to the directors and saying "Sorry, you didnt have Hi-vis on, I didnt see you there", or bumping into their cars and saying "Sorry, I didnt see your car there as it wasn't painted a violent shade of fucking yellow".
posted by farrell [1908 posts]
6th February 2013 - 16:02
I think it's fair to say that many people in rural areas will drive relatively short journeys (even to and from the pub) because they feel it is not safe to walk on the roads, due to the "roads are for cars" attitude that is so prevalent.
What you find is people who live in the countryside drive everywhere because its 'simply to far to walk' or aleast thats what i get told by work mates. They also refuse to accept they should slow down on windy blind corners or 'they would never get anywhere' as their speed would be to low... my answer... well dont F*%&KING live there then!
posted by STATO [457 posts]
6th February 2013 - 20:36
They should look at this just as it is....an accident.
It is not always easy to see pedestrians (or cyclists for that matter) if it is dark, the road is not lit and they are wearing dark clothes.
While the article states that the driver was going too fast for the type of road in the dark, it may be that the road was the national speed limit, as many country roads are.
When kids in schools are taught about the highway code it is always recommended to them that they wear bright clothing if walking in unlit areas in the dark, and also when cycling in the dark.
I don't think it was the girl's fault that the driver hit her, and she may have been wearing bright clothes, but if she wasn't it may have helped the driver to see her sooner if she was.
The driver did the right thing and stopped to look for her, and got help. He was also insured to cover him for things such as accidents. In a case where the girl has been seriously injured the insurance company should just pay out.
posted by Flippa [37 posts]
6th February 2013 - 21:05
The driver did the right thing and stopped to look for her, and got help.
Are you a cartoon?
posted by farrell [1908 posts]
7th February 2013 - 2:07
It's quite common to see horse riders in hi vis - with hi vis ankle bands on their horses. It's a sad state of affairs that hi vis is taking over from common sense driving. I still assume on narrow roads that I'll meet a tractor/horse/car or walker around every bend. Unfortunately we are being asked to cater for those that assume there is nothing around every bend and will not drive carefully.
Silly me. You're probably right....
posted by MercuryOne [1186 posts]
7th February 2013 - 8:43
Some more details on the Daily Mail this is money site here:
Their article says that she was walking on the grass verge and part of the insurers argument was as a horse rider she should have known to wear hi-viz clothing on a dark road! So as cyclists I assume if we get run over as a pedestrian the same argument will be used against us. Over a thousand comments already the most popular being anyone against Churchill the least anyone trying to pass blame onto victim. Hopefully Churchill will have lost its case and payed compensation before they go bankrupt.
Paul W
posted by PaulVWatts [111 posts]
7th February 2013 - 10:14
While the article states that the driver was going too fast for the type of road in the dark, it may be that the road was the national speed limit, as many country roads are.
What does the speed limit have to do with it? Just because there's a 60mph limit doesn't mean that it's safe to drive at 60mph.
posted by David Portland [89 posts]
7th February 2013 - 10:33
This is outrageous and the outcome will surely set a precedent that, if it goes the wrong way, will affect us all (badly).
This highlights perfectly how broken/conflicted the insurance system is.
I'd never use Churchill again having read about this, however I am sure that all insurers would act the same. Stick 'em all in the same snake pit along with the bankers.
I really feel for this girl and her family - stuff of nightmares.
Ride For Precious Lives - Annual Cornwall to Bristol charity ride.
posted by graphite [63 posts]
7th February 2013 - 10:37
Not to be pedantic but.. everybody is refering to this as an accident it was not it was an incident.
even if it were an "accident" there is a very old saying that goes... Accidents do not happen, they are caused. (laziness inattentiveness pure bloody mindedness not looking where you're going and stupidity)
posted by FATBEGGARONABIKE [722 posts]
7th February 2013 - 10:51
It is not always easy to see pedestrians (or cyclists for that matter) if it is dark, the road is not lit and they are wearing dark clothes.
that's why motorists need to take care when they're piloting two tons of metal around the back lanes after dark.
While the article states that the driver was going too fast for the type of road in the dark, it may be that the road was the national speed limit, as many country roads are.
it's a limit, not a target.
posted by Dave Atkinson [7829 posts]
7th February 2013 - 11:12
As a cyclist i wear bright clothing, and i have noticed that cyclists are starting to wear day running lights.
Road users who choose to be hard to see are increasing the risk that they will be involved in an accident. Camouflage works after all.
Cycling i once almost hit a jogger on a winding country lane, who was dressed in black and running with headphones. That person was taking no responsibility for their own safety.
The actions you take, whether it is going to fast, or being camouflaged, reduce the chances of other road users preserving the safety margin you are reducing.
posted by birzzles [94 posts]
7th February 2013 - 11:31
'Cycling i once almost hit a jogger on a winding country lane, who was dressed in black and running with headphones. That person was taking no responsibility for their own safety.'
Sounds as though you need to be more aware of what's going on around you when you ride...
posted by andyp [1368 posts]
7th February 2013 - 12:16
All road users (and judges) please note:
You MUST be able to stop in the distance you can see to be clear.
If you can't do this, you're liable.
There was a case in Scotland last year where the driver of a bus hit cyclists and got away with it due to the 'low morning sun' blinding him and preventing him from seeing them.
The fact he hadnt cleaned the window properly didnt make any difference either.
This meant the driver wasnt held responsible.
Insurance did pay out, the big issue being drivers not being responsible regardless of speed/conditions etc.
posted by Farky [186 posts]
7th February 2013 - 12:25
It's interesting how many comments there are on the Daily Mail page.
If I was a shareholder attending their AGM I'd ask: 'Does the precedent this case might set, or the financial savings it might generate justify the reputational risk you are taking in the eyes of a generally hostile public?'
I'm a human being, God damn it! My life has value. I'm as mad as hell and I'm not going to take this anymore.
posted by Carl [136 posts]
7th February 2013 - 13:05
Flippa wrote:It is not always easy to see pedestrians (or cyclists for that matter) if it is dark, the road is not lit and they are wearing dark clothes.
that's why motorists need to take care when they're piloting two tons of metal around the back lanes after dark.Flippa wrote:While the article states that the driver was going too fast for the type of road in the dark, it may be that the road was the national speed limit, as many country roads are.
it's a limit, not a target.
Well said Dave, that last sentence says it all. So many drivers seem to think that 1mph under the speed limit is acceptable under all circumstances.
posted by The Rumpo Kid [590 posts]
7th February 2013 - 15:02
by extension of this, there would surely be contributory negligence on the part of any driver in a car without a four star NCAP pedestrian protection rating.
posted by nickr [4 posts]
7th February 2013 - 15:12

subset: commoncrawl


text:
After dropping points late for the second week in a row, the Fire head north to Toronto to play their game in hand against TFC Wednesday night knowing that a win would springboard the Club into a Playoff position (6:30pm CT on My50). TFC were also beaten in the Pacific Northwest last weekend, 4-0 by Portland. Here are some things to look out for from a tactical perspective.
Controlling possession while being wary of TFC's high pressure
In recent matches, TFC have focused on pressuring their opponent high up the field in an attempt to turn the ball over and/or force the team to play long ball or go back to the goalkeeper. This tactic can work very well but it also has the result of drawing your players out of position in an attempt to put pressure on the opponent.
Last week New England showed the most effective way of countering that tactic, namely by playing neat, one touch soccer and playing through the pressure. When looking at the possession stats, the Fire aren't one of the most dominant teams in that category, averaging 43% over their past three games but against a team like Toronto, this can be rectified.
READ: Gonzalo Segares talks how MLS Results can be Razor Thin
The Men in Red certainly possess players comfortable playing a one touch, possession brand of soccer and must not be forced into giving the ball away needlessly or kicking the ball long due to the pressure by the TFC attacking players.
I look for the team not to be wasteful in possession on Wednesday night and to play themselves out of pressure whenever possible.
Changes in the attack? Injuries may force a shakeup on Wednesday night
WATCH: Larentowicz, Nyarko preview TFC
With top goal scorer and talisman Mike Magee subbed off at halftime as an injury precaution and the team playing
two games this week, it remains to be seen whether he will go the full 90 tonight in Toronto. With this in mind, Fire coach Frank Klopas has a number of ways he can tinker the side.
One obvious choice would be to bring in Juan Luis Anangono in attack as a direct replacement for Magee, while Patrick Nyarko and Quincy Amarikwa can also play in the forward role. A second and more likely option would be to see Nyarko come in on the wing and Alex play up front with Chris Rolfe.
As Kevin Egan pointed out in the latest edition of "The Centerback," the front four of Alex, Rolfe, Magee and Duka combined extremely well against Seattle and bringing another pacey player like Nyarko into the mix makes sense.
Toronto's defenders are not the fastest, and the movement and speed of the New England and Portland attacking players caused TFC a lot of problems in the last two matches. If Magee is not deemed fit enough to start, who better to bring on later in the game if the Fire need to bag a winner than the second top goal scorer in MLS this season?
Keeping an eye on Reggie Lambe – a powerful wide player
Though statistically Reggie Lambe isn't having the best of years for Toronto, he has played well in TFC's last few matches and will be a threat on Wednesday evening.
In TFC's recent tie with D.C., Lambe switched wings with Bobby Convey and the move worked, crossing for Convey who finished neatly for TFC's lone goal in that match.
In TFC's last home game against New England, the Canadians started with only Robert Earnshaw up front, but Lambe often drifted inside to support the striker. Lambe also plays a part in TFC's high pressure style of play, trying to close down the opposition as quickly as possible when they have the ball.
WATCH: Athletico Coaching Corner
It is important that the Fire neutralize Lambe and limit the amount of crosses he is able to send into the box for players like Earnshaw and Andrew Wiedeman.
Prediction: The Fire get what they came to Toronto looking for: 3 points with a 2 nil victory. Goals from Patrick Nyarko and Gonzalo Segares.
Stephen Piggott is a contributor to Chicago-Fire.com. Follow him on Twitter @Irish_Steve.
Saturday night didn't feel good. A strong Fire performance in always difficult atmosphere at Century Link Field certainly left me feeling like the team had done enough to take something away from Seattle. In the end, that wasn't to be.
With the 2-1 loss, Fire hearts looked at three very big matches Sunday involving Houston, New England and Philadelphia, maybe lit a candle, said a prayer or crossed fingers. That sound you heard round about midnight was a huge sigh of relief as all three teams immediately ahead of the Men in Red in the Eastern Conference playoff race also went down in defeat.
Hence this blog title, as the positioning between the Top 7 in the East remains the same as it was when I wrote the first edition of 2013 Playoff Math two weeks ago, albeit with a bit of a separation between top and bottom.
A breakdown of where things stand heading into this week…
1) Montreal Impact
Current Points: 45 (13-7-6)
Games Remaining: 8 (4 home/ 4 away)
Last 5 Games: WDWWL (10pts)
2013 Home/Away Record: 9-1-3 / 4-6-3
Maximum Possible Pts: 69
Average Opponents Pts: 35.3
Remaining Schedule: 9/14 vs. CLB, 9/17 at SJ**, 9/21 vs. VAN, 9/24 vs. HER** 9/28 @ CHI, 10/4 @ HOU, 10/12 vs. NE, 10/16 @ LA, 10/19 vs. PHI, 10/26 @ TFC
Rundown: Chronologically, Montreal's 4-1 win at New England was the second of three needed Fire results Sunday and though the Impact had only won once away to an Eastern opponent this season, showed up in droves early on as Matt Reis' fifth minute red card for taking down Marco Di Vaio set the tone for the evening in Montreal's 4-2 win.
With the win, the Impact stayed on top of the Eastern Conference (with two games in hand) and may have helped the Fire more than just in the standings as Reis will now be suspended for the Revolution's visit to Chicago this Saturday.
Given Montreal's home form, a visit from the Crew Saturday should probably see them atop the East by the time I'm writing this column next week. With games in hand on both New York and Sporting KC, the Impact hold the inside track to the top spot in the East if they can hold serve down the stretch.
2) New York Red Bulls
Current Points: 45 (13-9-6)
Games Remaining: 6 (3 home / 3 away)
Last 5 Games: WWLDL (7pts)
2013 Home/Away Record: 8-2-3 / 5-7-3
Maximum Possible Pts: 63
Average Opponents Pts: 36.1
Remaining Schedule: 9/14 vs. TFC, 9/22 vs. FCD, 9/29 @ SEA, 10/5 vs. NE, 10/20 @ HOU, 10/27 vs. CHI
Rundown: The fact that Red Bull had never won in Houston during the MLS regular season didn't exactly bode well form them on Sunday but a smaller than normal crowd at BBVA Compass Stadium saw a few mistakes at the back which New York did well to capitalize on in their 4-1 win.
Red Bull have just six games left to play with the next two at home vs. Toronto FC and FC Dallas. Wins in those and we're either talking about them officially clinching a playoff spot or being having the opportunity to do it in Seattle on October 5.
3) Sporting KC
Current Points: 45 (13-9-6)
Games Remaining: 6 (2 home / 4 away)
Last 5: WWLLW (9pts)
2013 Home/Away Record: 8-4-3 / 5-5-3
Maximum Possible Pts: 63
Average Opponents Pts: 30.5
Remaining Schedule: 9/17 vs. RES**, 9/21 @ TFC, 9/27 vs. PHI, 10/5 @ CLB, 10/9 at HOU, 10/18 vs. D.C., 10/23 vs. OLI**, 10/26 @ PHI
Rundown: Sporting KC go into their bye week coming off a strong 3-0 home win over Columbus Saturday night. Like Montreal, they've set themselves up well now to balance their remaining Champions League fixtures (they next play Real Esteli on September 17) and could lock down a playoff spot by the end of September.
4) Philadelphia Union
Current Points: 39 (10-9-9)
Games Remaining: 6 (3 home / 3 away)
Last 5 Games: LDLDW (5pts)
2013 Home/Away Record: 6-3-5 / 4-6-4
Maximum Possible Points: 57
Average Opponents Pts: 34.7
Remaining Schedule: 9/14 vs. HOU, 9/27 @ SKC, 10/5 vs. TFC, 10/12 @ D.C., 10/19 @ MTL, 10/26 vs. SKC
Rundown: Despite having a man advantage for the final 33 minutes, Philadelphia was unable to muster a point in a 1-0 defeat at San Jose in the Fire's last needed result of the night.
Philadelphia still sits fourth but only by two points ahead of Saturday's game vs. Houston, one of two very big matches with playoff implications this week.
5) New England Revolution
Current Points: 37 (10-10-7)
Games Remaining: 7 (3 home / 4 away)
Last 5 Games: LDWWL (7pts)
2013 Home/Away Record: 6-5-3 / 4-5-4
Maximum Possible Points: 58
Average Opponents Pts: 33.4
Remaining Schedule: 9/14 @ CHI, 9/21 vs. D.C., 9/28 vs. HOU, 10/5 @ NY, 10/12 @ MTL, 10/19 vs. CLB, 10/27 @ CLB
Rundown: Like I said above, New England's 4-2 loss to Montreal helped contribute to everything staying the same towards the bottom of the race. They'll be without starting goalkeeper Matt Reis in Saturday's pivotal visit to Toyota Park but will still likely come in confident knowing they've won the previous two encounters between the sides this year.
6) Houston Dynamo
Current Points: 37 (10-9-7)
Games Remaining: 8 (4 home / 4 away)
Last 5 Games: LDLWL (4pts)
2013 Home/Away Record: 7-3-3 / 3-6-4
Maximum Possible Points: 58
Average Opponents Pts: 35.7
Remaining Schedule:9/14 @ PHI, 9/21, 9/25 vs. WC**, vs. CHV, 9/28 @ NE, 10/4 vs. MTL, 10/9 vs. SKC, 10/20 vs. NY, 10/24 @ AU**, 10/27 @ D.C.
Rundown: It wasn't a good week for Houston who dropped a 2-0 to Columbus at midweek before Sunday's 4-1 thumping vs. New York. Given Houston's recent form (4 points from their last five games), Fire fans will lament the two points dropped to the Dynamo at the beginning of the month but should also be thankful for the fact the Dynamo have continued to struggle following that result.
A loss at Philadelphia next Saturday combined with a win from the Fire or New England may be panic button time for the Dynamo.
7) Chicago Fire
Current Points: 35 (10-11-5)
Games Remaining: 8 (3 home / 5 away)
Last 5 Games: LDWLW (7pts)
2013 Home / Away Record: 8-4-2 / 2-6-3
Maximum Possible Pts: 59
Average Opponents Pts: 32.1
Remaining Schedule: 9/11 @ TFC, 9/14 vs. NE, 9/21 @ CLB, 9/28 vs. MTL, 10/4 @ D.C., 10/12 @ FCD, 10/19 vs. TFC, 10/27 @ NY
Rundown: Dropping three points late in the last two matches doesn't fill one with confidence but the team's performance at Seattle was very encouraging and they were perhaps rewarded by Sunday's trifecta of results. In reality, the weekend was a complete wash in terms of Playoff Math, so the Fire enter a two-game week with a huge opportunity.
The team faces a quick turnaround Wednesday, playing their game in hand on New England and Houston when they visit lowly Toronto FC (who fell 4-0 at Portland Saturday). A win in Ontario followed by one in Saturday's six-pointer vs. the Revs (and a draw between the Union in Dynamo in Philadelphia) would actually put the Fire into fourth place in the East with six games remaining.
TICKETS: Fire vs. Revolution six-pointer Saturday at Toyota Park
It's fair to admit no one saw the Fire being in this position following Saturday's game but as they say, that's why they play the games and there's all to play for still.
8) Columbus Crew
Current Points: 32 (9-14-5)
Games Remaining: 8 (3 home / 3 away)
Last 5 Games: LWLLW (6pts)
2013 Home / Away Record: 6-5-3 / 3-9-2
Maximum Possible Points: 50
Average Opponents Pts: 38.6
Remaining Schedule: 9/14 @ MTL, 9/21 vs. CHI, 9/29 @ FCD, 10/5 vs. SKC, 10/19 @ NE, 10/27 vs. NE
Rundown: In Brian Bliss' first game as interim head coach, Columbus took a huge step defeating Houston 2-0 last Wednesday only to fall 3-0 at KC Saturday night.
By virtue of their point total and remaining schedule, the Crew are certainly still in the playoff race but are at a point where any further slip-ups will probably mean the end to their season.
Select shots from the Fire's 2-1 loss to Seattle.
SOURCE: USA Today Sports Images
The MLS Team Writers Union continues to grow and so I thought, why not reach out and get my counterpart's takes on relevant questions surrounding their team in the leadup to matches...
In today's Three Questions, I go old school with one of the longest tenured Team Writers in MLS (and doppelganger match for Rob Riggle), Sounders FC's Matt Gaschk...
Jeff Crandall: With Wednesday night's victory over Chivas USA, the Sounders continue to be the hottest team in MLS having won six of their last seven matches. What has been the main contribution to the recent success?
Matt Gaschk: The greatest difference over the last seven matches has been the commitment on the defensive side of the ball. With four shutouts in the last seven matches, the defense has jumped to tops in the West, allowing just 1.04 goals per game, but it has been much more than just the back four. The defensive spark has come from all over the field and the team finally seems to have clicked into place and pulling in the same direction.
With so many changes to the roster over the off-season, it took a lot of time for people to find their roles. Now, even though they have yet to play at full strength, they have been able to find different ways to win games because the core of the team has kept them on the right path.
JC: How much do the international absences of Eddie Johnson, Clint Dempsey and the injury to Brad Evans effect Seattle's chances for three points on Saturday?
MG: Dempsey has been a tremendous boost for the team – both on the field and in the locker room, where he has helped re-energize a group that was already driven to succeed. However, his addition has been a boost to what was already a solid team, so while losing him means less talent on the field, it doesn't necessarily mean a loss in the team dynamic.
Johnson has been on fire of late with three goals and one assist in his last four matches, and he has proven to be highly important to Seattle's success. When he is engaged, he is among the more lethal finishers in the league.
The loss of Evans, if he is unable to play, takes greater effect when Seattle loses its depth. He can play so many different roles for the team, not the least of which is as a coach on the field, that when he is available it is almost as though Sigi Schmid's roster has additional players on it.
Servando Carrasco has filled in in the middle of midfield and Marc Burch has provided cover on the left side, so there are players available to fill roles, but it is the depth beyond those spots that has thinned with injuries to Shalrie Joseph and Steve Zakuani.
JC: Obafemi Martins has been out for nearly a month with an ankle injury but seems to be on the comeback trail. What has the Nigerian DP added for the Sounders this season and is there a chance he returns Saturday?
MG: After the 2012 season, Sounders FC ownership vowed to find their Robbie Keane. They sought a player with high levels of European success who is still driven to succeed at a high level when presented with the new challenge of playing in MLS. Martins fit that bill and, while he may not be on the MVP-caliber scoring clip that Keane has seen this season, he has provided a world-class striker that not only scores his own remarkable goals, but also creates space for his teammates to find the scoreboard as well.
Although he has been in and out of the lineup with injuries, his seven goals and three assists in just 15 appearances have been an offensive boost. He has yet to take the field with Dempsey – and won't this weekend while Dempsey is away on international duty – but when he does, it will make for one of the strongest attacks in MLS.
After leaving two points on the field last Sunday, the Fire head to the Pacific Northwest, traditionally not a happy hunting ground of the Men in Red, for a Saturday night matchup with Seattle (9pm CT on NBCSN) . The Sounders are hitting form at the right time, surging to six wins in their last seven matches. Here are some things to keep an eye out for from a tactical perspective.
Taking advantage of speed – hitting Seattle on the counter attack
The Fire's bread and butter in away matches is the counter attack, lulling teams into a false sense of security and allowing them to push men forward before forcing a turnover and countering with numbers. A number of factors contribute to this.
In midfield, the likes of Jeff Larentowicz, Arevalo Rios, Alex, Logan Pause and Daniel Paladini are very capable of forcing turnovers by applying pressure or reading the game and intercepting passes. With Rios away on international duty, Alex, Pause and Paladini will battle it out for the central midfield berth.
Alex is equally capable playing on the outside, and with him, Nyarko and Dilly Duka, the Fire have ample speed for to push the break. In attack, I expect the Fire to stick with Rolfe and Magee again due to their quickness.
Juan Luis Anangono is also an option but if the Fire go with the counter attack strategy, there is no need to a target striker in the starting eleven.
Taking advantage of set pieces – punishing Seattle on free kicks and corners
WATCH: Anibaba, Segares talk Saturday's match
In Seattle's last three or so matches the Sounders have been very sloppy defending set pieces. In the second half of last Wednesday's match against Chivas in particular, the LA team could have easily scored two or even three goals from free kicks, but for some better finishing.
The Fire worked quite a bit on set pieces at training on Thursday, clearly seeing Seattle's obvious issues in that area. The Men in Red scored their first goal from a corner in last week's match against Houston, and with Magee and Duka putting balls in and players like Austin Berry and Larentowicz challenging in the box, the Fire certainly have the ability to cause the Sounders more problems in this area.
Keeping an eye on Rosales and Yedlin – set pieces and crosses from wide
Seattle are a similar team to Sporting KC with both teams having a very dangerous creative midfielder, as well as outside defenders that like to get forward and get crosses in the box.
Though he hasn't started every match for the team Mauro Rosales leads the Sounders with seven assists, two more than American Brad Evans. Rosales' favorite target to look for from set pieces and crosses has been Eddie Johnson, picking the American out for a number of headed goals in recent matches. Johnson will also be missing on Saturday but Rosales has a plethora of other players to look for.
Rosales also has the rare ability to put dangerous balls into the box from deep positions, especially on free kicks. Seattle's Homegrown defender Deandre Yedlin has had an absolutely stellar rookie year, even being named to the MLS All-Star team. He combines well on the right with another missing player for Seattle, Brad Evans.
Without him, Yedlin will be required to pick up the slack. As with the Kansas City match, the Fire players must not pay too much attention to Rosales and neglect Yedlin because if he is given time and space, it could be costly.
Prediction: Mike Magee gets back on track and the Fire win 1-0.
Stephen Piggott is a contributor to Chicago-Fire.com. Follow him on Twitter @irish_steve.
The final installment in our series of #cf97ThirdKit interviews sees me speak to Option 5 designer Jordan Parks.
Check out the previous interviews with Mike Sever (Option 1), Danny Carlino (Option 2), Freddie Christiano (Option 3) and Eric Puente (Option 4) regarding the inspiration behind their designs. One more Q&A coming later Thursday!
What was the inspiration behind your design?
The inspiration for my third kit design came from Chicago's rich industrial history, the beautiful city skyline, and the Great Chicago Fire of 1871. These three elements helped fuel my concept and display the true honor, passion, and tradition of this club and this great city.
The blue to white gradient in my design begins with the rich navy blue of the club, incorporates the light blue of the famous Chicago flag, and fades to a bright white to show the eliteness of this powerful city.
VOTE: #cf97ThirdKit Top 5
The subtle abstract view of the skyline represents the flames that ravaged the city in 1871 and the building blocks which made this city bounce back from devastation to become one of the most economically powerful in America.
What do you feel is unique about your design?
After looking at past kits worn by the Fire and researching other clubs past and present designs, I decided to simplify mine and keep the base color white; paying tribute to past away kits worn by the Fire.
While the Chicago flag is a well known and recognizable symbol of Chicago, I tried to stay away from blatantly using the flag as the base for my design as it has been done before and many Fire supporters want this as a permanent kit option rather than a third kit.
READ: #cf97ThirdKit Rules
I believe my design is unique because of its elegance and simplicity while showing physical and historical attributes of the great city we call home.
What would it mean for your design to be chosen as the club's third kit?
As a young designer, seeing my design being worn by my club would be absolutely exhilarating. I have been a Fire supporter for many years and having this opportunity with the club has already been rewarding in itself.
The reality of having my concept turned into a final solution is what I stand for as a designer. I work to succeed and push to exceed. Seeing the mighty Fire wearing my kit design in victory would be the best reward I could ask for. I believe with a fresh third kit option, the Chicago Fire can bring home another MLS Cup in style. Go Fire!
The fourth in our series of #cf97ThirdKit interviews sees me speak to Option 4 designer Eric Puente.
Check out the previous interviews with Mike Sever (Option 1), Danny Carlino (Option 2) and Freddie Christiano (Option 3) regarding the inspiration behind their designs. One more Q&A coming later Thursday!
What was the inspiration behind your design?
I wanted to design a kit that celebrates the Chicago flag and really represents the city. It was meant to be for the fans of the Chicago Fire, but also other people just wanting to show their love and pride for Chicago. One of the team's past official alternate kits in 2005 was also a Chicago flag inspired design and many fans since have coveted that rare and unique kit.
VOTE: #cf97ThirdKit Top 5
I wanted to give fans the opportunity to have another flag kit that they would feel proud wearing in Toyota Park, Chicago, and anywhere else in the world. I wanted the kit to also attract people who love the Chicago flag as a symbol of the city, who aren't necessarily Chicago Fire fans. The flag design has become very popular in Chicago and everyday you see people wearing it on a t-shirt or a hat or reinterpreted into a Chicago team logo.
I felt this could be an opportunity to make a kit that Chicagoans could embrace and at the same time spark more of the city's interest into the Chicago Fire team.
What do you feel is unique about your design?
I think the detail in my design is what makes it unique and why it was ultimately chosen over the many other Chicago flag inspired kits. The Chicago flag's three white bands on my design are meant to revisit the famous white band of the Chicago Fire jerseys from the team's inaugural year.
The back of the neck says "Chicago" and under it is the municipal symbol; The Y shape inside the circle represents the three branches of the Chicago River that connect within the city. Another detail that is not very clear from the image on the contest website is the inside of the collar that has the year 1871 and 1997 separated by a single six-pointed star, which is meant to represent the Great Chicago Fire and the club's founding.
These little details make the kit very unique from the other kits, because the whole design begins to represent the city of Chicago. The design celebrates the traditions of Chicago, honors the history of the city and the club, and evokes the passion of the citizens and Chicago Fire fans.
What would it mean for your design to be chosen as the club's third kit?
Honestly, it would be the most incredible thing. I've been a Chicago Fire fan for seven years, the last three of which I have been a season ticket holder. I'm a huge fan and to be a small part of this club's great history would be truly amazing.
It would be great to see the players on the field in the jersey I designed, but I think it would be more rewarding to see all the fans, especially those in Section 8, because after all they would be the ones who ultimately picked my design.
READ: #cf97ThirdKit Rules
I also have my own collection of Fire jersey from every different style as far back as 2001 and having my design be a part of that collection would be kind of fun to see. As a designer having just graduated from Illinois Institute of Technology with a Bachelors in Architecture, it's a sense of accomplishment to have this design picked as a finalist, and if it's picked as the club's third kit it could be a great start to this young designer's career.
Overall, having my design chosen as a the club's third kit means that I'll be a small part of The Chicago Fire history which I think is the best prize of all, being a part of this club that I love. GO FIRE!
The third in our series of #cf97ThirdKit interviews sees me speak to Option 3 designer Freddie Christiano.
On Wednesday I spoke with Mike Sever (Option 1) and Danny Carlino (Option 2) about the inspiration behind their designs. More Q&A's coming later Thursday.
What was the inspiration behind your design?
I was hoping I would get a chance to answer a question like this during the competition. The design looks simple, but there were a lot of different things that inspired the design. It is obvious from all the designs presented that we as fans wanted some representation of the Chicago flag back on the jersey. I did not want the jersey to be a remake of the old Puma design so I thought about how I could place the flag somewhere on the kit where it had meaning. I wanted to have meaning not only to a fan, but anyone who will wear the jersey.
In my full submission to the Chicago Fire I included the words "#WearYourHeartOnYourSleeve". This became the overall inspiration for the jersey and why I placed the flag on the sleeve. We are really passionate about sports here in Chicago and we aren't afraid to let anyone know how we feel. I think we can convey that passion to the players on the field playing for our team as well. By placing the Chicago flag on the sleeve, it is a reminder to the players their emotion, pride, and heart on the field is matched by that of those in the stands and through out the city.
VOTE: #cf97ThirdKit Top 5
I didn't want to distract from the sleeve element, so I based the rest of the design on something I learned from playing soccer, which was to "keep it simple". I wanted a color to help make the sleeve stand out, but it also needed to have significance.
I have seen some comments regarding my choice of black and it not being related to Chicago and compared to other cities kits. I actually found that color inspiration from our skyline. Any way you view the Chicago skyline, you are seeing two of the most iconic buildings of our city: The Willis Tower and John Hancock Building. These two buildings do not stand out only because of their size but also because of their color. This was also the perfect color to make the sleeve stand out and maintain integrity for the main color of the kit. The vertical strip was a simple way to bring more of flag inspiration into the design and tie it up to the Fire crest, linking the two together. When the stripe wraps to the back of the jersey it fades to the silhouette of the Willis Tower.
The Fire crest needed to be as unique as the overall design. I was inspired when looking at the crest on my 1999 Chicago Fire kit. Although, it is not clear from the image posted the entire crest in my design would be of this metallic threading.
What do you feel is unique about your design?
Besides the choice of color, every design element of this kit has significant meaning. This is more than a kit that I have designed, it is about interconnecting players, fans, and a city. It establishes bonds of tradition, honor, and passion felt by all when carrying the flag on their sleeve.
READ: #cf97ThirdKit Rules
Giving the flag significant placement and a motto, "Wear Your Heart On Your Sleeve", helps establish these bonds and makes everyone aware what it means to be from Chicago and play for our club. The motto will also give supporter groups new chants to create when players take the field in an intimidating black kit!
What would it mean for your design to be chosen as the club's third kit?
If chosen, I would feel happiest knowing the majority of fans feel as passionate about this kit and its meaning as I do. They understood it can be as powerful as connecting players to fans on another level.
The Fire is a team I grew up supporting and would love to be part of the club from an opportunity like this. Having your kit made forever links you to the team and Its history. That would be something special.
Over the next few days we'll be rolling out interviews with each of the five #cf97ThirdKit finalists asking for the inspiration and unique qualities of their entries.
Earlier today we spoke to Option 1 Designer Mike Sever. Below are the responses from Option 2 Designer Danny Carlino...
What was the inspiration behind your design?
My design is inspired by the Chicago municipal flag. Ever since the Fire had a flag themed jersey in 2005, fans have clamored for another one. That one was light blue with the four stars across the chest and the flag opposite the team badge. Ever since then I've been tinkering with ideas for a new adaptation of such a jersey. I liked the idea of making this one predominantly white with light blue trim so as to give that concept a new look.
What do you feel is unique about your design?
The Chicago municipal flag is beautiful in its simplicity. I tried to make sure that every part of the jersey reflects the Chicago flag and accentuate that beauty and simplicity. I went with a white jersey not only to differentiate from the 2005 iteration of Fire 3rd kit, but to also reflect the white background of the flag itself. The two blue stripes across the chest replicate those on the flag. I placed the Quaker sponsor logo in between the two stripes. I knew some fans might have an issue with the Quaker logo taking the place on the jersey where the four red stars from the flag would typically go. To help remedy that, I used a red Quaker logo to keep the flag's color scheme. The fact that Quaker is a Chicago-based company, has an over century-long history with the city, and is supporting our club should make that aspect more acceptable.
VOTE: #cf97ThirdKit Top 5
With that, I still had to find a place to put the stars because without them, it can't be an authentic flag jersey. I placed the four stars along the right collar bone parallel to the adidas stripes and a full Chicago flag on the lower left hem of the jersey. I wanted the flag to be represented as much as possible, so I made the adidas stripes along the shoulder white with the light blue in between to represent the three white areas of the flag with the two light blue stripes in between. The sleeves also reflect the flag with the area where the MLS and American flag patches being white while bordered by the light blue shoulders and cuffs.
The back of the jersey also features two elements that have never appeared on a Fire kit. The number "1871" appears in red in the traditional Fire font just below the collar to represent the year of the Great Chicago Fire for which the club is named. Below that is the seal of the city that features the date of incorporation of March 4, 1837 as well as the Latin motto "Urbs In Horto," which means "City In A Garden."
While not pictured, I'd also like to have the name and number on the jersey printed in red to keep in line with the red accents of the stars, the Quaker logo, and the 1871.
What would it mean for your design to be chosen as the club's third kit?
You want there to be an emotional attachment to the club's jersey. If you're designing it yourself as a team supporter before there was even a team, that emotion increases immensely. I've been fiddling with logo and jersey ideas before the Fire even officially had that moniker. Let's just say this process may have been more difficult had the team actually been named the "Rhythm."
READ: #cf97ThirdKit Rules
After the 2005 flag jersey, I've designed several versions even buying adidas jerseys that fit the color scheme and putting patches on it so I could have one of my own. Just having adidas produce my design is a thrill. The thought of the club walking out of the tunnel at Toyota Park on a sun drenched day, seeing them earn three points, celebrating with Section 8, playing a big international club in a friendly, and ultimately raising a cup in that kit truly gives me chills. I appreciate your support in making my dream our reality in this third kit.


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This winter, journey to sunny Southern California and stay at the Sheraton Los Angeles Downtown Hotel for more than 45% off package pricing.
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The hotel, in downtown LA, is close to the Staples Center and less than a 20-minute drive to Rodeo Drive, J. Paul Getty Museum and Hollywood. Hotel amenities include an on-site gym, business center, two restaurants and a lobby lounge.
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5 U.S. Code § 8501 - Definitions
prev | next
For the purpose of this subchapter—
(1) "Federal service" means service performed after 1952 in the employ of the United States or an instrumentality of the United States which is wholly or partially owned by the United States, but does not include service (except service to which subchapter II of this chapter applies) performed—
(B) as a member of the armed forces or the Commissioned Corps of the National Oceanic and Atmospheric Administration;
(C) by members of the Foreign Service for whom payments are provided under section 609(b)(1) of the Foreign Service Act of 1980;
(D) outside the United States, the Commonwealth of Puerto Rico, and the Virgin Islands by an individual who is not a citizen of the United States;
(E) by an individual excluded by regulations of the Office of Personnel Management from the operation of subchapter III of chapter 83 of this title because he is paid on a contract or fee basis;
(H) by a student-employee as defined by section 5351 of this title;
(I) by an individual serving on a temporary basis in case of fire, storm, earthquake, flood, or other similar emergency;
(K) as a member of a State, county, or community committee under the Agricultural Stabilization and Conservation Service or of any other board, council, committee, or other similar body, unless the board, council, committee, or other body is composed exclusively of individuals otherwise in the full-time employ of the United States; or
(L) by an officer or a member of the crew on or in connection with an American vessel—
(4) "compensation" means cash benefits payable to an individual with respect to his unemployment including any portion thereof payable with respect to dependents;
(5) "benefit year" means the benefit year as defined by the applicable State unemployment compensation law, and if not so defined the term means the period prescribed in the agreement under this subchapter with a State or, in the absence of such an agreement, the period prescribed by the Secretary of Labor;
(6) "State" means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands;
Source(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 585; Pub. L. 94–566, title I, § 116(e)(1), title II, § 214(b),Oct. 20, 1976, 90 Stat. 2672, 2678; Pub. L. 95–454, title IX, § 906(a)(2),Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–215, § 4(a),Mar. 25, 1980, 94 Stat. 124; Pub. L. 96–465, title II, § 2314(h),Oct. 17, 1980, 94 Stat. 2168.)
|U.S. Code
|Revised Statutes and Statutes at Large
|Sept. 1, 1954, ch. 1212, § 4(a) "Sec. 1501", 68 Stat. 1130.
|Aug. 28, 1958, Pub. L. 85–848, § 2, 72 Stat. 1087.
|July 12, 1960, Pub. L. 86–624, § 30(g), 74 Stat. 420.
|Sept. 13, 1960, Pub. L. 86–778, §§ 531(e), 542(d), 74 Stat. 984, 986.
Clause (4) of former section 1361(a) is omitted as obsolete.
In paragraph (1)(A), the word "official" is substituted for "officer" because of the definition of "officer" in section 2104. The words "of the Government of the United States" are omitted as unnecessary.
In paragraph (1)(E), the words "by regulations of the Civil Service Commission from the operation of subchapter III of chapter 83 of this title" are substituted for "by Executive order from the operation of the Civil Service Retirement Act of 1930" on authority of the Civil Service Retirement Act Amendments of 1956, which are carried into subchapter III of chapter 83.
In paragraph (1)(K), the words "Agricultural Stabilization and Conservation Service" are substituted for "Production and Marketing Administration" on authority of Secretary's memorandum 1320, supp. 4 of November 2, 1953.
In paragraph (1)(L), the words "section 1606(g) of Title 26, Internal Revenue Code of 1939" in former section 1361(a)(13) are omitted as obsolete.
The last sentence of former section 1361 is omitted as its substance is included in paragraph (1)(D).
Former section 1361(f) is omitted as unnecessary as the full title of the Secretary of Labor is set out the first time it is used in each section.
Paragraphs (6) and (7) are added on authority of section 1101(a)(1), (2) of the Act of Aug. 14, 1935, ch. 531, 49 Stat. 647, as amended; 42 U.S.C. 1301 (a)(1), (2).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 609(b)(1) of the Foreign Service Act of 1980, referred to in par. (1)(C), is classified to section 4009 (b)(1) of Title 22, Foreign Relations and Intercourse.
1980—Par. (1)(B). Pub. L. 96–215inserted "or the Commissioned Corps of the National Oceanic and Atmospheric Administration" after "armed forces".
Par. (1)(C). Pub. L. 96–465substituted "members of the Foreign Service for whom payments are provided under section 609(b)(1) of the Foreign Service Act of 1980" for "Foreign Service personnel for whom special separation allowances are provided under chapter 14 of title 22".
1978—Par. (1)(E). Pub. L. 95–454substituted "Office of Personnel Management" for "Civil Service Commission".
1976—Par. (6). Pub. L. 94–566, § 116(e)(1), added the Virgin Islands in definition of "State".
Par. (8). Pub. L. 94–566, § 214(b), added par. (8).
Effective Date of 1980 Amendments
Amendment by Pub. L. 96–465effective Feb. 15, 1981, except as otherwise provided, see section 2403 ofPub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse.
Pub. L. 96–215, § 4(c),Mar. 25, 1980, 94 Stat. 124, provided that: "The amendments made by this section [amending this section and section 8521 of this title] shall apply with respect to assignments of services and wages pursuant to any first claim (for a benefit year) which is filed after the date of the enactment of this Act [Mar. 25, 1980]."
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–454effective 90 days after Oct. 13, 1978, see section 907 ofPub. L. 95–454, set out as a note under section 1101 of this title.
Effective Date of 1976 Amendment
Amendment by section 116(e)(1) ofPub. L. 94–566applicable with respect to benefit years beginning on or after the later of Oct. 1, 1976, or the first day of the first week for which compensation becomes payable under an unemployment compensation law of the Virgin Islands which is approved by the Secretary of Labor under section 3304 (a) of Title 26, Internal Revenue Code, see section 116(f)(3) ofPub. L. 94–566, set out as a note under section 3304 of Title 26.
Pub. L. 94–566, title II, § 214(c),Oct. 20, 1976, 90 Stat. 2678, provided that: "The amendments made by this section [amending this section and section 8505 of this title] shall apply with regard to compensation paid on the basis of claims for compensation filed on or after July 1, 1977".
Temporary 1990 Census Services Constituting Federal Service
Determination respecting temporary 1990 census services as Federal service for purposes of this subchapter, see section 141 ofPub. L. 101–382, set out as a note under section 23 of Title 13, Census.
LII has no control over and does not endorse any external Internet site that contains links to or references LII.


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Aspire: The New Women of Color Study Bible takes an already popular Bible and makes it even better. Updating and expanding the features that have made the Women of Color Study Bible a favorite of African-American women, this Bible adds some brand new features and an attractive new design that emphasizes ease of us. This Bible will inspire readers with perspectives and insights that focus God's Word directly on the world of today's African-American women.
Excerpt, Product Closeup


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- Northern New York Newspapers
- Watertown
- Ogdensburg
- Massena-Potsdam
- Lowville
- Carthage
- Malone
- NNY Business
- NNY Living
- NNY Ads
The Utah-based mining explosives company that will build a manufacturing and distribution plant in Ogdensburg will generate considerable rail and truck traffic.
The Ogdensburg Bridge and Port Authority said Wednesday that Maxam North America Inc. of Salt Lake City will build on 12.41 acres of land it bought for $123,000 from OBPA. The property is located in the OBPAs heavy industrial park along Route 37 on the citys southeast side.
The proposed $2.5 million facility will manufacture non-explosive oxidizers and is expected to employ six to 10 people when it opens next summer.
Additional jobs may occur as distribution expands into the U.S. Northeast and Canada.
The new facility will also result in increased economic activity, said John A. Rishe, OBPAs director of commercial and industrial development, in a prepared statement Friday. Some 600 trucks and in excess of 140 rail cars will deliver raw material and ship product from the facility each year. There is also the possibility that Maxam will use the port (of Ogdensburg) for delivery of raw materials.
OBPA Executive Director Wade A. Davis said the company is a welcome addition to the park.
The Authority is pleased to announce the land sale which creates jobs and further diversifies the industrial park, Mr. Davis said. Ease of direct access to Canada coupled with extremely short wait times on the international bridge continues to make Ogdensburg a very attractive location for business and industry.
Patrick J. Kelly, CEO of the St. Lawrence County Industrial Development Agency, agreed.
Maxam selecting Ogdensburg for this facility is another example of the positive changes that are happening in the north country and in New York State, he said. Gov. Cuomo, the North Country Regional Economic Development Council and development partners like the OBPA and city of Ogdensburg are creating a foundation for economic development success in St. Lawrence County. Maxams decision shows a return not only on the investments that have been made in the bridge, industrial park, rail and port assets of the Ogdensburg Bridge and Port Authority, but also from the Authoritys sustained business development and marketing efforts.
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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12 U.S. Code § 4719 - Grants to establish loan-loss reserve funds
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(a) Purposes
The purposes of this section are—
(1) to make financial assistance available from the Fund in order to help community development financial institutions defray the costs of operating small dollar loan programs, by providing the amounts necessary for such institutions to establish their own loan loss reserve funds to mitigate some of the losses on such small dollar loan programs; and
(b) Grants
(1) Loan-loss reserve fund grants
The Fund shall make grants to community development financial institutions or to any partnership between such community development financial institutions and any other federally insured depository institution with a primary mission to serve targeted investment areas, as such areas are defined under section 4702 (16) of this title, to enable such institutions or any partnership of such institutions to establish a loan-loss reserve fund in order to defray the costs of a small dollar loan program established or maintained by such institution.
(2) Matching requirement
A community development financial institution or any partnership of institutions established pursuant to paragraph (1) shall provide non-Federal matching funds in an amount equal to 50 percent of the amount of any grant received under this section.
(3) Use of funds
Any grant amounts received by a community development financial institution or any partnership between or among such institutions under paragraph (1)—
(B) may be used by such institution to help recapture a portion or all of a defaulted loan made under the small dollar loan program of such institution; and
(4) Technical assistance grants
The Fund shall make technical assistance grants to community development financial institutions or any partnership between or among such institutions to support and maintain a small dollar loan program. Any grant amounts received under this paragraph may be used for technology, staff support, and other costs associated with establishing a small dollar loan program.
(c) Definitions
For purposes of this section—
(1) the term "consumer reporting agency that compiles and maintains files on consumers on a nationwide basis" has the same meaning given such term in section 1681a (p) of title 15; and
(2) the term "small dollar loan program" means a loan program wherein a community development financial institution or any partnership between or among such institutions offers loans to consumers that—
(D) the institution has to report payments regarding the loan to at least 1 of the consumer reporting agencies that compiles and maintains files on consumers on a nationwide basis; and
Source(Pub. L. 103–325, title I, § 122, as added Pub. L. 111–203, title XII, § 1206,July 21, 2010, 124 Stat. 2131.)
Effective Date
Section effective 1 day after July 21, 2010, except as otherwise provided, see section 4 ofPub. L. 111–203, set out as a note under section 5301 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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I decided to join this forum to learn about bullies and other dogs as well.
I hope this forum is a friendly community here
I live from Philippines. I'm 19 y.o... I'm still a student
and my family owned a hybrid pitbull.
have a great day everyone !
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Ampontan wrote:Matt P wrote:Let's face it, this team isn't competing this season or next season. Neither of these guys are going to be on the next Orioles playoff team (if there ever is one) so there is no reason to hang onto them.
I've never understood this logic. At all. The constant roster churning resulting from an assumption you're not going to be in the playoffs is one sure way to consistent 90-game losing seasons and never getting in the playoffs. (The Marlins are a rare exception.)
The Orioles still have to play a 162-game season and sell tickets, food, and merchandise to entertain the fans, most of whom don't obsess over trades. They're supposed to put a good product on the field now. That doesn't necessarily mean playoffs. Climbing back to respectability --- and, more important, staying there --- requires one step at a time, which means .500 first. Having a player hit 35-40 home runs is a good way to get there.
As for getting to .500, they could most definitely be there this year, absent serious injuries (such as hobbled the team last year with Scott and Roberts). The continued development of Matusz and Arrieta, along with good results from Chen and Wada, could certainly make things interesting next year.
As for trading Reynolds or Gregg or both, I'm fine with that, depending on the return. All major league teams have players like that they want to unload, that might fit in better elsewhere.
This team isn't reaching .500 unless multiple young players all take HUGE steps forward this year. Even if they do, .500 is the best anyone can realistically hope for. They aren't going to win enough games to be in contention for a WC spot. Winning 81 games doesn't mean anything so I'm not sure why that would be a goal. The O's best bet at having a real future is to get rid of anyone on the current 25 man that will not be a part of the team in 2014 and beyond and stockpile the minor leagues with as much talent as they can get. It seems like Duquette knows what he's doing in terms of player development so get some talent and let it develop.


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|Bush's statement on Ruth Bell Graham's death
|Written by Lauren Ohnesorge
|Monday, 18 June 2007 08:24
The following is a statement from President George W. Bush on the passing of Ruth Bell Graham.Graham was buried Sunday in front of a cross-shaped walkway in the Prayer Garden at Billy Graham's new Library in Charlotte. Illness prevented Graham from ever touring her husband's library. She was 87.
The statement is as follows:
Laura and I are deeply saddened by the death of Ruth Bell Graham, a remarkable woman of faith whose life was defined by her belief in a personal, loving, and gracious God. She was an encouraging friend, accomplished poet, and devoted mother of five and grandmother of 19.
Ruth's marriage to her husband Billy was a true and loving partnership. As the wife of the world's most beloved evangelist, she inspired people around the world with her humor, intelligence, elegance, and kindness. Laura and I offer our prayers and condolences to Billy and the Graham family.
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Hello, hello, hello readers. It's time to sit back, relax, and enjoy another episode of What Was She Wearing: Answers! All the information (and alternative options) was thoughtfully complied, just for you, by our lovely interns Allison and Jessica. As always, we hope you enjoy!
Rachel Bilson
We really can't get enough of Rachel Bilson. She exemplifies consistent style, and just when we think she can't possibly get cuter-she does! She's done it again here at the Independent Spirit Awards, where she wore an Olga Kapustina dress and Marni heels. She also wore Chanel jewelry, which is the perfect finishing touch on any ensemble. (Dress: price upon request, Olga Kapustina 917-327-9243 and www.olgakapustinaonline.com (launching soon). Shoes: similar style $595, www.marni.com).
Thandie Newton
Thandie Newton looked so glamorous at the Los Angeles Norbit premiere she made many of our readers-and ourselves-wonder what she was wearing. After some undercover investigating (cue the James Bond music) we've discovered that this flirty navy blue number is by Fendi. Thandie's also wearing Fendi shoes and earrings designed by Neil Lane. The dress has the perfect amount of shimmer to exude sexy, without being over-the-top. To track one down for yourself, call or visit a Fendi boutique close to you (Dress: price upon request, 310-276-8888. Earrings: price upon request, 310-275-5015).
Michelle Williams
We all did a double take when we first saw pictures of Michelle Williams at the Independent Spirit Awards. She epitomizes grace by complimenting her Mia Farrow-reminiscent haircut with the darling Chloe dress she's wearing. The dress is embellished enough, so she wisely kept her jewelry minimal and carried a small Chanel clutch. The dress is from the Chloe Spring/Summer 2007 collection (price upon request. 212-957-1100).
Reese Witherspoon
We at WhoWhatWear applaud Reese Witherspoon's ability to multitask a career and motherhood, while still maintaining an enviable taste in fashion. Seen here getting ice cream with her son, Deacon, she looks like she could take on anything. Maybe it's because of the ice cream, or maybe it's because of the great messenger bag she's flaunting.
Of the two indulgences in the photo, the bag immediately caught our attention. This Lanvin Suede Travel Bag is a navy masterpiece with brown leather straps, and it comes with a detachable tan canvas shoulder strap, as well. Originally sold at Barneys ($1850, www.barneys.com), it's sadly no longer listed online, though other cute options are. If you must have this exact bag, try placing a bid on our swear-by site, eBay where one is currently listed (bid at press time: $989, www.ebay.com).
Photo of Rachel, courtesy of www.infgoff.com
Photo of Reese, courtesy of www.x17online.com


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Mae Sampinos-Palermo
May 4, 1931 - Dec. 14, 2011
Mae Sampinos-Palermo, age 80, passed away Wednesday, Dec. 14, 2011 in New Jersey.
Mae was born May 4, 1931 in Price to Sam J. and Litsa Amplianiti Sampinos. She grew up in Price and graduated from Carbon High School. Following graduation, she moved to New York and attended St. Basil's Teaching Academy, where she received her teaching certification. Mae then attended Monmouth College, graduating with a bachelor degree. She spent her working years teaching at Bradley Beach Elementary School.
She married Michael Palermo in Grand Junction, Colo. They spent time in New Jersey and Florida, before he passed away in 1990.
Mae was a strong, independent lady with a heart of gold. She enjoyed her trips to Atlantic City, Wednesday morning coffee with "the girls", playing scrabble, cooking and visiting her family in Utah and Colorado.
Survivors include her sisters, Bessie Pappas, Madeleine "Maggie" (Art) Nickas and Penny Sampinos, all of Price; nieces and nephews, Dyann (Mike) Blackburn, Gus Pappas, Sam Pappas, Louie Nickas, Lisa (Dwight) Rasmussen, Mike Nickas, George Nickas, Sam Sampinos, Lisa Moore, and Phil (Heather) Sampinos; 10 great nieces and nephews; one great-great niece and two great-great nephews.
A visitation will be held Thursday, Dec. 22, 2011 from 10 a.m. - 12:00 noon at Mitchell Funeral Home. The funeral service will be at 1 p.m at Assumption Greek Orthodox Church in Price. Burial, Price City Cemetery. Arrangements entrusted to Mitchell Funeral Home of Price where friends are welcome daily and may share memories of Mae at www.mitchellfuneralhome.net.
Memorial contributions may be made to Assumption Greek Orthodox Church, P.O. Box 688, Price, UT 84501.
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Tennessee Legislative Petitions
Legislative petitions are original documents that were submitted to the Tennessee General Assembly, requesting that legislative action be taken on matters of concerns to individuals, municipal governments or county governments. If the law was passed, the text of the law was published in the series Acts of Tennessee.
While many petitions were submitted, not all resulted in a legislative act. Legislative acts were also passed without there being a petition submitted. A majority of the original petitions were returned to the petitioner, although the Tennessee General Assembly did retain many of the documents.
The indexes have been arranged by subject and by the names that appear on the petition text itself. It does not include the hundreds of names that signed the petitions.
Please see the page "Order Materials > Legislative Acts and Petitions" for instructions on ordering a copy of a record listed in the indexes.
Indexes compiled by Del Dorr, Library Assistant IV
Updated December 15, 2011


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shirt stripe compact bath towel
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Product Details
Each Yoshii Shirt Stripe towel has two sides: a smooth cotton weave and a looped terrycloth pile. The exceptional design and care in processing the cotton makes Yoshii towels highly absorbent, lightweight and fast-drying.
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• made in Japan


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We'll call this the yellow post since I'll let you know about some "yellow" happenings. Not yellow in the scared sense but the color. My tomato plants have yellow flowers on them so I am guessing that means bright red tomatoes are soon too follow.
Photo from www.insightfulnana.com
My kitchen is now getting more paint added to the walls, and since the kids are out of school we put them to work doing some of the cutting in on the celing and walls. One son was doing the yellow while the other did the white. Our dog, who is black and loves the coolness of the kitchen floor, decided to lay down near the vent for the A/C and cool off while the boys did some painting and I was not in the house. So now we have a dog who looks like this:
Poor Jack is being called yellow-butt by all of us.
Yellow is the color of all the foods we had for dinner last night. It wasn't planned to be like that but in the end and having a time crunch, we had corn instead of broccoli with the lemon-thyme chicken and orzo with cheese.
Yellow is the color of the car that just took my boys off for the day to serve lunch to inner-city kids and spend some time with their youth group hanging out and doing a bible study. I am so excited to hear how the day goes for them and the kids. My hubby's cousin drives a VW bug with a black convertible roof but it's up today since it's raining here. It's a cute little car with room for three boys and her. I am so glad she is doing the driving this morning since I hate mornings in general. I'm on the pick-up duty later today. That works for me.
Similar but not exact since the cousin has a black rag-top roof. Photo from NewBeetle.org .
Yellow has never really been a favorite color of mine but I think it works well with red for my kitchen. And my son-in-law loves yellow along with the aforementioned cousin. Yellow just works for some people. Not so much for me.
Stay tuned for some exciting news. If you are interested in the recipes for the food on the plate above, leave me a note in the comments. Thanks for reading and I hope the yellow wasn't too hard on your eyes.


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Only At The Alamo
|Ryan Firpo
|Danielle Andersen, Tony Dunst, Martin Bradstreet, Tom Dwan, Phil Galfond
|Run Time
|Age Policy
18 and up; Children 6 and up will be allowed only with a parent guardian. No children under the age of 6 will be allowed.
In 2003 an amateur accountant from Tennessee named Chris Moneymaker shocked the world by winning $2.5 million in the World Series of Poker Main Event. Moneymaker's unlikely victory coincided perfectly with the launch of the World Poker Tour, a televised series of international poker tournaments that quickly became the highest rated show in the history of the Travel Channel. Suddenly poker was everywhere and online poker exploded into a multi-billion dollar industry. Millions of hopefuls around the country logged on and tried to become the next poker superstar. Out of this boom, a brand-new profession emerged: the online poker professional.
For millions of young people, online poker became more than a game — it was a lifestyle. It was an opportunity to live completely outside the system, to discover your true identity, and to get rich doing something you truly love. All the elements that made poker such an integral part of American culture throughout history were found in online poker, and these 21st century poker mavericks helped launch the game into an exciting new era. But everything changed on April 15th, 2011 (known as "Black Friday"), when the US Department of Justice unsealed indictments against the major US-facing online poker sites and shut down online poker in America. Suddenly, these online poker professionals weren't mavericks. They were outlaws.
BET RAISE FOLD is a coming-of-age story for an entire generation of young poker professionals. We follow Danielle, a young mother from rural Minnesota who used online poker to support her family; Tony, a Las Vegas tournament pro who co-hosts the World Poker Tour on television; and Martin, a world-traveler from Australia obsessed with understanding the intricacies of the game. These players used online poker to build a life, only to have it all stripped away in one fell swoop by forces beyond their control.
BET RAISE FOLD: The Story of Online Poker celebrates the roller coaster ride that was the online poker boom, the evolution of poker as a game, and the enduring spirit of the poker maverick.
Martin Harris, Professor of Poker in American Film and Culture, calls BET RAISE FOLD "an engaging look at a subculture that both introduces and defends online poker along the way... Recommended viewing for anyone wanting to learn more about online poker's remarkable — and never to be repeated — early era."


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Science Friday® is produced by the Science Friday Initiative, a 501(c)(3) nonprofit organization.
Science Friday® and SciFri® are registered service marks of Science Friday, Inc. Site design by Pentagram; engineering by Mediapolis.
|Researchers studying a sample of bacteria taken from water in a crack in a South African gold mine -- nearly 3 kilometers below the surface of the Earth -- have found that the ecosystem in the crack consists of only one organism. Writing in the journal Science, the researchers describe a study in which they sampled and sequenced the DNA of organisms found in the crack. Their analysis showed that the bacterium Candidatus Desulforudis audaxviator makes up more than 99.9 percent of the organisms inhabiting the fissure, able to survive without any other organism to feed on, break down, or interact with. In this segment, we'll talk with one of the researchers on the project about the unusual bacterium, which manages to pack all the different processes needed for life into its genome.


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Governor Appoints Eisen to Board of Trustees
September 28, 2012
Governor Jerry Brown has announced the appointment of Rebecca Eisen to the California State University Board of Trustees.
Eisen has been a partner at the law firm of Morgan Lewis and Bockius LLP since 2003. She was an attorney at Brobeck Phleger and Harrison LLP from 1980 to 2003 and served as a partner from 1989 to 2003. Eisen is president of the Oakland School for the Arts Board of Directors, where she has been a member since 2007. She earned a master of arts degree in English from San Francisco State University and a juris doctorate degree from the University of San Francisco School of Law.
The appointment requires Senate confirmation. Trustees do not receive a salary for their service to the university – with exceptions for the Chancellor and the Faculty Trustee.
The Board of Trustees is responsible for the governance of the 23-campus system. Under present law, there are 25 Trustees (24 voting, one non-voting). Five Trustees are ex officio members: the Governor, Lieutenant Governor, Speaker of the Assembly, State Superintendent of Public Instruction and the Chancellor.
For more information about the appointment, please see the announcement from Governor Jerry Brown's office: http://gov.ca.gov/news.php?id=17765.


text: Home » 1920s » Gatsby Dress » Gatsby Dress by SewsNBows Gatsby Dress by SewsNBows Amy Mayen December 28, 2013 0 comments Share This Content Tweet Pin It • Meet the Author • Amy Mayen View My Website Love what you've seen so far? Subscribe by email to receive all the week's posts delivered to your inbox in one big glorious email every Friday. Inbox overflowing? Follow us on Bloglovin instead! Find the WeSewRetro crew chatting on Facebook and sharing pretties on Pinterest. 0 comments… add one Don't Be Shy » Leave a Comment! Cancel


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Wire bindings and wire binding supplies such as GBC WireBind twin loop spines and Wire-O compatible binding supplies allow your document pages to rotate 360 degrees and help your presentations look professional. Also known as metal wire or double loop wire, we carry the wire binding supplies you need. Please contact us if you need wire binding spines in a color not shown on our site. Wire binding supplies look great with one of our attractive binding covers.
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Larry Kulow
PRICE - Our loving husband, father, grandfather and beloved brother, Larry Jay Kulow, age 68, passed away Oct. 9, 2012 at his home.
He was the youngest of three sons born to Christopher Carl and Lena Arilla Blackham Kulow in Kenilworth on July 29, 1944.
Shortly after graduation from Carbon High School, Larry married Janice Barker on Feb. 20, 1965 in Price, Utah. Together they made their home in Price where they raised three wonderful sons.
Larry was a member of the Church of Jesus Christ of Latter-day Saints. He was a longtime resident of Carbon County where he worked in various mines in Carbon County, Nevada and Arizona. "Kulow" was highly respected by many and his work ethic left many lasting impressions with those he worked with in the coal and tire industry. Larry was a tireless worker who made sure that the job was done right so he could enjoy the finer things in life, such as fishing, camping and hunting with his family. It was said, that "Kulow"occasionally set his fishing pole and camping trips aside for a trip to Wendover.
He was an avid sports fan who loved to watch all types of sports on television. Larry will be dearly missed by all and his name will be honored for generations.
He is survived by his wife, Janice Kulow, Price; sons, Cory R. (Tawnya) Kulow, Price, Mikel Kulow, Price, Casey (Bobbie) Kulow, Helper; six grandchildren, Kaeden, Kaleb, Kaitlee, Cameron, Nikki, and Darren; brothers, Jim (Vicki) Kulow, Ron (Roseanne) Kulow, both of Price.
Larry was preceded in death by his parents.
Funeral service, Friday, Oct. 12, 2012, Noon, Mitchell Funeral Home (233 E. Main Street, Price). Family will be at Mitchell Funeral Home Thursday evening from 7:30-9 p.m. and Friday one hour prior to services. Interment, Cliffview Cemetery, Price. Arrangements entrusted to Mitchell Funeral Home where friends are welcome daily and may share memories of Larry at www.mitchellfuneralhome.net.
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