text:
See your color on these designs right now!
Recommended Just For You
Customer Raves & Reviews
I never ordered from MagnetStreet before but found the website online and loved their designs! I was worried to order because none of my friends or family used this site so I never saw the final product! But I was VERY surprised and fell in love with this site! I ordered 150 of the save the dates and they came in within 4 days in teal box for great storage! They also sent me a book of example of the types of product they produced. Also my save the dates were beyond amazing! They looked exactly the way I made the on line! The quality was beyond what I expected the colors were exactly what I wanted and the pictures were clear and perfect! As soon as I opened the box I was online looking at what else I could order!!
Just PERFECT!
The cards arrived within the week. The quality was wonderful. I am very very pleased and will be ordering my wedding invitations from here as well.


text:
02.12.2010 / 6 Ways to Save on Your Taxes
Tax season is now upon us again. To give you some aid this year, we have put together six tax-filing blunders that could cost you money and increase your risk of an audit.
- Not filing as head-of-household if you qualify. You probably qualify if you're single, have a non-adult child living with you and that child pays less than half of his or her support expenses. You may qualify for this more-favorable filing status in certain other situations, so ask your tax adviser.
- Skipping your baby's Social Security sign up. When your new little bundle of joy arrives, apply for a Social Security Card right away so you can claim your personal exemption. Use Form SS-5, available from the Social Security Administration or visit their web site at ssa.gov. You can also call them directly at 1-800-772-1213.
- Missing your mortgage points deduction. If you bought an existing home in 2009, you may be able to deduct mortgage points paid by the seller. Likewise, if you sold your home in 2009, you may be able to deduct a portion of any points you paid during a previous refinance.
- Misplacing donation receipts. If you make tax-deductible contributions of $250 or more, you need to have receipts on-hand when you file. Otherwise, the IRS won't allow the write-off.
- Disregarding your 1099-R form. If you made a tax-free retirement-account rollover in 2009, you'll receive a 1099-R distribution form. On your return, enter the taxable amount shown on the form, even if it's zero, and write "rollover" next to it. Leaving the space blank raises a red flag with the IRS.
- Not filing because you can't pay. So you owe taxes and you can't afford to pay them. That's no reason not to file your return. Instead, file by April 15 without full payment, or apply for an automatic extension. You'll pay penalties of about 1 percent per month with either choice, but that's better than the roughly 5 percent per month you could be charged if you do nothing.
For more tax saving strategies*, tools and resources, visit First National Bank's online Tax Center at www.firstnational.com and click on Tax Center. You can also visit http://www.irs.gov, and click on "Individuals."
*This article does not constitute legal, tax, accounting or other professional advice. Although it is intended to be accurate, neither the publisher nor any other party assumes liability for loss or damage due to reliance on this material.

subset: commoncrawl


text:
Published: Saturday, July 13, 2013 at 12:30 a.m.
Last Modified: Friday, July 12, 2013 at 9:12 a.m.
HAPPY ANNIVERSARY: Sun.: Mr. & Mrs. Kef Koontz, Mr. & Mrs. David Beck. Mon.: Charles & Vermell Sutherland.
Reader comments posted to this article may be published in our print edition. All rights reserved. This copyrighted material may not be re-published without permission. Links are encouraged.


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Ernest Pastell Givins Jr.
Position: WR
Height: 5-9 Weight: 178 lbs.
Born: September 3, 1964 in St. Petersburg, FL
High School: Lakewood
College: NE Oklahoma A&M, Louisville (school history) (Givins college stats)
Drafted by the Houston Oilers in the 2nd round (34th overall) of the 1986 NFL Draft.
Weighted Career AV (100-95-...): 65 (732nd overall since 1950)
2-time Pro Bowler (fine print)
Other SR Links: College Football at Sports-Reference.com
Like this page? Sponsor it for $10. Your message will replace this ad.


text:
Gardening Articles: Edibles :: Herbs
Growing Wild Greens
by National Gardening Association Editors
Not all greens are tame in flavor. Here are some "wild" ones to try.
Arugula is also called roquette and rocket. The young leaves of this annual green are rough and slender, with a taste all their own: hot, with a hint of bean or nut flavor. Chopped into a salad, rocket leaves can sure keep people guessing about the ingredients!
Cold weather is a must for a good crop of rocket. Sow seeds early in the spring, or in late summer or fall for a late fall or winter harvest, depending on your climate. Harvest leaves when they're no larger than six inches.
Dandelion greens are more popular in Europe than in this country. Several dandelion varieties have been developed in Europe to produce larger and curlier leaves. 'Montmagny' is one such variety available in this country.
European gardeners make a habit of blanching the plants to reduce bitterness. If you want to blanch some local dandelions - on your lawn, for instance - turn flower pots over them in early spring, wait a week and then harvest the leaves. Be sure no herbicides have been used on the lawn you're harvesting from. Once dandelions begin to flower the leaves turn very bitter.
Corn Salad (Mache)
This spring and fall green, much prized in Europe, is also called lamb's lettuce, mache or fetticus. Its leaves have a subtle taste and mix well in a salad with more sharply flavored greens.
One of the nice things about corn salad is its cold hardiness. It's one of the last crops to quit in the fall and early winter. Start plants indoors in early spring for a late spring crop; in mid- to late summer for a fall harvest. In mild climates seeds can be sown in late fall for an early spring harvest.
Sow seeds fairly thickly in a 15-inch-wide row simply by broadcasting the seed over the seedbed. Thin so plants stand several inches apart. You can harvest the young leaves any time after the seedling stage, or you can wait to harvest the entire head in 45 to 60 days.
Celtuce was introduced to U.S. gardeners more than 20 years ago from China. It was first called "celery lettuce." That's because you can harvest the young leaves of the plants in early spring like leaf lettuce, and then later as the plants get taller, cut the stems, pick off the leaves, peel the stems and use them like celery, raw or cooked.
Celtuce is a cool-weather plant for the most part. Plant it as early as you'd plant lettuce, but spaced a little farther apart. Harvest the leaves as they reach eating size.
The late spring warm weather will cause the leaves to become bitter, so let them go. When the plant gets a foot or two high, cut the stalk for the "celery" harvest. Trim the leaves off and be sure to peel the stem before eating raw or cooked.


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The New York Times reports that one-fifth of New York City children and one-sixth of the city's residents live in homes without enough to eat.
These rates of "food insecurity" have not improved over the past three years, despite the steady recovery of the city's economy, said Joel Berg, executive director of the New York City Coalition Against Hunger that compiled the report.
"There is a great disconnect between the broader economic indicators and the fact that there is absolutely no recovery in any meaningful way for low-income New Yorkers," Mr. Berg said in an interview. "At no time since the Gilded Age has there been a greater disconnect."
The most dire change has been in the Bronx, where more than one-third of residents (36 percent) and nearly half of the children (49 percent) could not consistently obtain balanced meals from 2010 through 2012. Those three-year averages were up from about 29 percent and 37 percent during the three-year period that led up to the financial crisis — 2006 through 2008 — the study states, based on data from the United States Census Bureau.
But even in Brooklyn and Manhattan, two boroughs where real estate prices have risen to record highs, the number of people without enough money to feed their families is on the rise, the report shows. That trend was evident from the line snaking down Fulton Street last week outside the pantry Dr. Samuels runs.
Read the full story in The New York Times.
Contact Catholic Charities if you are hungry and need help.
Join Us in Our Feeding Our Neighbors campaign, an archdiocesan drive to replenish food pantries supporting non-Catholics and Catholics alike.
Tags: children, food insecurity, Joel Berg, New York City Coalition Against Hunger, Thanksgiving, The New York Times, United States Census Bureau


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206.4 sec. 7 - Legal Research and Writing for LL.M. Students (Spring 2014)
Instructor: Charles Reichmann (view instructor's teaching evaluations | profile)
View all teaching evaluations for this course
Units: 1
Meeting Time: Th 11:20-12:30
Meeting Location: 145
Course Start: January 09, 2014
Class Number (formerly Course Control Number) (Non-1Ls): 49484
Spring semester Legal Research and Writing for non-thesis track LLM students builds on the skills introduced in the fall semester. Students learn how to read and analyze cases, locate and select precedent, and construct legal arguments in a common-law system. The aim of this course continues to be to teach students the skills they need to maneuver skillfully through U.S. legal culture.
Writing instruction takes place in small sections led by instructors with extensive legal practice experience. In addition, Writing Coaches may assist in providing individual feedback.
In the spring, the program emphasizes persuasive advocacy - written and oral. Over the course of the semester, students prepare a legal brief while increasing research skills. Students submit draft sections throughout the semester, receive comments, attend a one-on-one conference, and then revise and submit a final version. Students will also learn effective oral advocacy, practicing oral presentations throughout the semester and culminating in an oral argument at the end of the semester.
As in the fall semester, research instruction is integrated into the writing assignments, and may include the use of both paper and computer resources. The program is structured to allow students the opportunity to improve their research skills through the introduction of additional resources relevant to the writing assignments. Students also learn legal citation form.
Exam Notes: P
This is a credit only course
Course Category: General Courses
If you are the instructor or their FSU, you may add a file like a syllabus or a first assignment to this page.
No reader.
Instructor has indicated that no books will be assigned.


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ZF-9170: Add Code128 object to Zend_Barcode
Add Code128 object to Zend_Barcode (A, B and C)
I've found a small bug in the _isDigit. In some cases when switching to C the function returned wrong values.
This should fix the bug:
protected static function _isDigit($string, $pos, $length = 2) { if ($pos + $length > strlen($string)) { return false; }
for ($i = $pos; $i < $pos + $length; $i++) {
if (!is_numeric($string[$i])) {
return false;
return true;
Hi Stephan, Can you give example of errors to be able to add a unit test to cover it? Thanks in advance
The error was this:
When a number like -123, where $string[$pos] == '-', was given to _isDigit it returned true because the '-' sign was interpreted as part of the number. If _isDigit returns true for this example the code-table is changed to C, but C does not contain '-'. The lookup fails and depending on the php-configuration a wrong or no barcode is generated.
I hope this explains the bug.
Perfectly, thanks!
Implemented with r22998
I need to draw a barcode with code128. I'm using Code128.php ZF 1.11.0rc1 because I found out that in earlier stable ZF versions Code128 is not included.
When I don't set any options and draw a code128 barcode image it looks okay. When I set the barThickWidth => 6 and barThinWidth => 2, the image gets twice as wide while the bar widths are exactly the same as with the default 3 and 1 widths. Only the total image gets twice as wide, but not the actual bars. The left side of the image gets filled with the bars and the right side is just plain white.
Can someone help me to fix this?
@Laurens: i will look to this problem rapidly but can you open a new issue for this, please? Thanks in advance.


text:
ZF-6898: Usage of an uninitialized array in Zend_Console_Getopt
In Zend/Console/Getopt.php line 611 :
$lines[] = $linepart;
$lines has not been initialized as an empty array before the foreach loop. So, if $this->_rules is empty, the foreach never loops, $lines remain undefined, and a warning is sent at line 613 :
foreach ($lines as $linepart) {
I guess a simple :
$lines = array();
at line 585 should resolve the issue.
Merged to branch release-1.10 r22495.


text: HR Forms Our sample forms may be downloaded and modified for use in your organization. Please note that these forms are samples and intended as such. They should be reviewed by your legal counsel for compliance with federal and state laws and regulations and modified to suit your organization's culture, industry, and practices. Neither members nor non-members may reproduce sample forms in any other way (e.g., to republish in a book) without SHRM's permission. To request permission for specific items, click on the "Obtain reuse/copying" button on the page where you find the item. Sample Forms Categories Benefits Business Leadership California Compensation Consulting Ethics & Sustainability Diversity Employee Relations Global HR Labor Relations Organizational & Employee Development Safety & Security Staffing Management Technology ADVERTISING LINKS


text:
Athlete Picks
Hand-picked favorites from our sponsored team of professional athletes.
Keep your Patrol 24 ABS Pack or Powder Guide ABS Vest ready to use and always have a spare Activation Unit on hand. This activation unit consists of a canister of compressed nitrogen—which is used to inflate the bags because it resists icing at low temperatures—and a trigger that activates the canister. Steel cartridge canister should be handled with care and used according to instructions.


text:
For me it's Assoluta hands down.
Colonia (original)
Thread: what is the best Acqua di Parma?
i want to get my first one. wanted to know what the consensus is around here.
do you think AdP are quality frags? worth the price?
For me it's Assoluta hands down.
Current top 10 in no particular order : Malle - Carnal Flower (pre 2008) ; Montale - Black Aoud ; Bond #9 - Silver Factory ; Tauer - L'air du désert marocain ; C&Z - No 88 ; Francis K. - APOM ; Creed - Aventus ; Amouage - Epic ; Profumum - Dulcis In Fundo ; Amouage - Opus V
Start with Colonia. It's been around since 1916 - proof that it's a great scent. So refined, so versatile, so perfect for any occasion. You won't ever regret having this in your collection. Bonus points for wearing it in chic resort settings, where it seems to be scent de rigueur. . . all for the better, IMO. . .
Intensa, for me.
My blog: http://scentedpassion.blogspot.com/
Do the Blu Med. ones not count in this discussion? I liked Mirto the best of any I tried....from your list, I would go Colonia
Assoluta all the way!
I am going to be the "Black" sheep (pun intended) and say Essenza.
All are nice implementations of the same theme. Very Euro and classically understated.
Assoluta is the one that takes me somewhere special.
Colonia (original). A solid summer favourite of mine, and the dusky rose note in the drydown is something else.
A couple of years back when I was exploring this house, I tested both the original and intensa versions at the same time (sprays on each hand). The latter completely overwhelmed the former, and I (mistakenly) thought the original was a lightweight. Luckily, I carried on testing the two separately, and found the original more to my liking. Longevity and projection are excellent. This scent make me want to don a white linen shirt, slick my hair, board my (imaginary) yacht and set sail for the Med.
Reviews :: http://www.lemouchoirparfume.blogspot.co.uk :: Reviews
I don't think there is a consensus. Opinion is probably fairly evenly divided among the various products.
I vote for the original Colonia.
My Wardrobe
Reviews: http://www.basenotes.net/reviews/30
Absinthe makes the heart grow fonder.
My Antaeus can beat up your Armani.
In my book Assoluta is soooo much better than all other together!
decant sales:
Crystal Flacon
I've spent quality time with all four and Colonia is still the only one for me.
Is it / has it been meddled with? I really hope LVMH bean counters or IFRA restrictions don't screw this one up - it would be a real loss if they mess with it. To be honest I think the flankers are pretty redundant - Assoluta is wearable I guess but it has lost the casual breeziness of the original IMO.
P.S. +1 Profumo
Last edited by mr. reasonable; 5th September 2011 at 11:23 AM.
Colognia Original for me...is fresh citrus smelling and i like it most of the others!
My sale thread :http://www.basenotes.net/search.php?searchid=2281122
"There are people of spirit and there are people of passion but much less common that one might think. Rarer still are the people of passion and spirit. But rarest of all is a passionate spirit."
-- Martin Buber
I like Assoluta, the original Colonia is very nice, but does not work on my skin. I find assoluta a bit more round and with no "powdery" rose. I think the three former ones are on a league of their own as for their elegance and versatitlity, but I didn't make up my mind about Essenza yet...
À l'air libre les oiseaux ont eux aussi le vertige (camille)
Please feel free to check out my Swap Thread - Patou pour Homme, L'Instant de Guerlain PH Extreme, Dior Homme Intense, Pure Malt, Pure Coffee and many more! Click Here For My Swap Thread
To me, both Cologna and Assoluta
Intensa - Last much, much longer than the original and the dry down is a beautiful wood/leather/citrus combo that's great.
by the way, can someone else try going to the Acqua di Parma corporate website and let me know if they are getting a malware security warning? I've tried it in both Safari and Chrome and get the same warning. Strange.
Assoluta, though I really enjoy the original Colonia as well. Haven't tried the others yet.
Been wearing Colonia and Intensa quite regularly, and for now, I'm torn between those 2. Possibly Intensa with an edge over the regular, at this very moment. It really depends on my mood...
Two steps forward. One step back.
Original Colonia.
Here's to hoping they release another modern flanker not so full of synthetic vetiver like Essenza...focusing much more on the exact same citrus/verbena/rose/tonka used in the original.
BN sales: http://www.basenotes.net/threads/300...avidoff-Bombay.
Off-BN sales (super rare CREED): http://flacon.ambaric.net/viewtopic.php?t=95
i like the colonia in the edc form i think am i the only one who feels this way?


text:
Pin, Soviet Scientific Heritage, Galileo
Pins or znachki have a long and established Russian tradition. During the 19th century, workers received these pins as a reward for work done. It was during the Soviet period that the emphasis on the use of znachki shifted from rewarding work done to acting as souvenirs of national celebrations. By the late 1960s, schoolchildren began to collect and exchange the pins with foreigners. Today, space-themed znachki are popular among collectors worldwide. People of all ages wear the pins to celebrate and acknowledge anniversaries, programs and individuals of the space program.
This pin is one of a set of nine pins that honors the heritage of science, astronomy and space exploration by identifying nine leading scientists in the field throughout history. This pin features Galileo Galilei.
Found in collection. Donor unknown at this time. Found on NASM premises.
- Country of Origin
- Type
- MEMORABILIA-Popular Culture
- Materials
- Metal, bronze?
- Dimensions
- 3-D: 2.5 x 1.3 x 2.5cm (1 x 1/2 x 1 in.)


text:
True Blood Seasons 1-4 Top Chef Season 6 Weeds Season 7 The Vampire Diaries Seasons 1-3-buy cheap dvds
true blood seasons 1-4 dvd Plot: Sookie gets a dire warning from Bill; Sam's emotional outburst takes him on an unpleasant trip down memory lane; Arlene asks Holly for help with a dilemma; Jessica faces a romantic conundrum; Russell vows revenge on his foes; Jesus changes his opinion of top chef season 6 dvd Plot: For the quickfire challenge the contestants are brought to a convenience store to buy ingredients for their dish. For the elimination round the contestants must create a delicious entree that can be reheated in a microwave for women at a local Junior Leag weeds season 7 dvd Plot: Nancy is visited by DEA agent Roy Till who has gone rogue and homecomer Celia moves into Nancy's garage. Meanwhile, Andy tries to access his brother's old bank account. the vampire diaries seasons 1-3 dvd Plot: Elena and Stefan hope to have a romantic weekend at the Gilbert family lake house; Jenna wonders if Alaric is being honest; Damon tries to talk to Elijah; Bonnie elicits shocking information from Luka.


text:
|Vandal women battle UC Irvine
The Idaho women's basketball team continues its month-long stretch of six consecutive games away from home this week, as it visits UC Irvine from the Big West Conference at 7 p.m. on Wednesday.
The Vandals (1-6) are 0-2 so far during the road stint, dropping both of their games at the Lady Griz Classic in Missoula, Mont., last week. UC Irvine (2-5), has won two of its last three games entering the week.
While Idaho's 1-6 record isn't intimidating, the Vandals have shown significant improvement in nearly every statistical category over their last three games. The Vandals have increased their scoring average by 9.7 points per game, and their scoring margin by 11.5 points per game. They have also improved their rebounding by 5.5 boards per game and their rebounding margin by 12.2 rebounds per game. The Vandals are also shooting eight percent higher from the field and 9.2 percent better from 3-point distance during their last three games than they did in their first four games.
Idaho junior Alyssa Charlston leads the team with 13.6 points per game and is second with 6.9 rebounds. Only freshman Ali Forde, who averages 7.0 rebounds per game, averages more rebounds. Freshman Christina Salvatore is Idaho's only other player averaging double-figures in points, with 10.7 per game. Salvatore is 19-for-58 from 3-point distance this season, and is the only Vandal player to make at least one 3-pointer in all seven games in 2012-13.
UC Irvine is coming off a 61-60 overtime win over Seattle U. The Anteaters have already faced three Western Athletic Conference teams in 2012-13, losing to Denver 62-52 and New Mexico State 50-44 before beating Seattle U. Jennifer Tsurumoto is the only Irvine player to average double-figure points this year, with 11.1 per game.
Fans on the Palouse can catch the action on the radio on KMAX 840 AM. Live stats and online video will also be provided at www.ucirvinesports.com.
Idaho will visit UC Riverside at 7 p.m. on Dec. 7 to close out the week.


text:
UPCOMING EVENT: CEATEC Japan 2014
AkihabaraNews Calendar:
Cultural Events, Tech Events, Trade Shows, Startups, & Expos in Tokyo and Beyond
AkihabaraNews Calendar:
Cultural Events, Tech Events, Trade Shows, Startups, & Expos in Tokyo and Beyond
The following are the views of Contributor Shannon Saruwatashi and are not necessarily though they could be somewhat parallel or at least tangential to our views maybe. Actually, we don't think op-ed pieces need a trigger warning, we just wanted to make fun of trigger warnings, which may or may not be how we really feel.
• • •
AkihabaraNews Calendar:
Cultural Events, Tech Events, Trade Shows, Startups, & Expos in Tokyo and Beyond
Sudden Sushi Train Camera Fame, of Course!
Now, the thing is, is that kids love to be on camera, most probably because:
Elecom is going to release a wristband-style active monitor HCW-WAM01 in mid-September. The price will be around 6,980 yen.
Ricoh Imaging announced the release of a new single‐lens reflex camera, PENTAX K-S1. It will be out for sale on September 19.
PENTAX K-S1 is a compact standard model and designed for young people just becoming interested in cameras. However, the specs are nearly as good as the flagship models and the innovative LED body light is interesting.
Takara Tomy Arts is going to release an interesting pudding maker called Mawashite Mawashite Marugoto Purin (meaning "Rotate Rotate Whole Pudding" in Japanese) on September 25. With it, you can make an egg turn into pudding inside without cracking the egg shell.
Air Guitar World Championship
The best thing about the World Air Guitar Championship - now in it's 19th year - is that it seems to thoroughly appreciate its own absurdity. As such, the theatricality and energy of contestants' pseudo-strumming, rathern than the accuracy, seems to be measure of an air guitarist. The organization states:
Terrie's Take is a selection of Japan-centric news collected and collated by long-time resident and media business professional Terrie Lloyd. AkihabaraNews is pleased to present Terrie's learned perspective; we all could use another take on the news - here's Terrie's:
JTT (Japan Trust Technology) is now selling an 8-legged flexible smartphone stand "SPIDER PODIUM" from the English company, Breffo.
With the 8 flexible legs, you can mount different kinds of devices such as a smartphone and camera to many places. For example, you can use it as a smartphone stand in the kitchen to check a recipe or as a tripod stand for a camera by looping the legs around a pole.


text:
Hey hey, hello fellow Pokemon Trainers, Breeders, and Coordinators.
As the title of this thread suggests, you love strong Pokemon on your team. I'm assuming that that, or your curiosity, is what compelled you to click on it. Well, as some of you here may know, I own a Pokemon Emerald Version with a little over 20 level 100 Pokemon on it, and they come in quite a variety too. I'm offering you the chance to have these Pokemon as your own. And everything on the game too. In other words, I'm giving you the chance to have my game. I have a lot of rare items (including several VERY good hold items and over 50 of all the permanently stat-boosting items, i.e. Calcium etc.), a completed Hoenn Dex, 3 Symbols and impressive records at the Battle Frontier, excellent contest-winning Pokemon for those of you who enjoy contests (my Ninetails and Raichu have over 12 ribbons :3), and the large majority of my Pokemon (not including my several Unown, which I haven't trained a bit) are at least level 50, with, as I said, over 20 level 100s.


text:
Sale Price:
The Tuareg are a nomadic Berber tribe who live in the North African Sahara. They were once known as the Blue People of the Sahara because of the indigo-dyed turbans and veils that would stain their skin. They're known for their engraved silver jewelry; the Tuareg subclass called Inadan means people who work with fire and metalblacksmiths. Using only simple hand tools and implements that could be easily transported on camels (screwdrivers, nails, safety pins, files, charcoal and handheld bellows) Tuareg craftsmen have plied their trade for centuries.
Our pendant is entirely handmade by Tuareg craftsmen who are part of the Cooperative de Musée National in Niamey, the capital of Niger. Sterling silver is formed into a thick sheet and then shaped into a cuff. Engraving is done freehand using a simple tool that looks like a sharpened Phillips screwdriver.
Handmade in Niger. 6 3/4"L x 1/2"W.
Traditionally semi-nomadic, some call Tuaregs the "Blue People" due to the indigo used to dye men's deep blue tagelmusts (turbans). The romantic image of tall regal men in flowing robes with only eyes visible riding great white camels is true, but it's only a fraction of the Tuareg story. Most Tuaregs live in northern Niger with some in Mali and Algeria. Drought and civil unrest led many to abandon the nomadic herding lifestyle and move to cities. Despite trading tents for mud brick houses, visits to the homeland hone a keen sense of heritage and culture.
Three ancient Tuareg classes, nobles (camel herders), vassals (goat herders), and slaves (now outlawed) still exist, but are inverted. Herdless nobles and vassals who resisted education now lead meager city lives while educated slave descendants are now largely the more prosperous class.
Tuaregs are semi-matriarchal. Women have strong say in selecting (or divorcing) mates, family decisions, own family homes and solely inherit property. While rearing their youngsters is their first priority, Tuareg women also have small business enterprises including the manufacture of leather goods.
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Not worth the Price
By Ron
from Toronto
I gave this bracelet as a gift and was somewhat embarrassed because it did not appear to be of the value I had paid for it ([$]).
Bottom Line No, I would not recommend this to a friend
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XV de Liliana en Camargo, Chihuahua
Specializing in Portrait and Wedding Photography.
Comment posted.
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XV Años de Guadalupe Published September 01, 2015
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XV de Cielo Published October 18, 2013


text:
It seems like the pre-master secret generated during the SRP protocol would make a good source to generate a shared private key using a secure hash to compress it down into a 128/256 symmetric key. The random values that get hashed into it seem to make it good for that purpose.
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From the RFC:
It seems from my quick look over the RFC that that shared secret is the premaster secret, so you are correct.
There is an explicit RCF 5054 which uses SRP to negotiate a shared key for a TLS connection. There are also hooks for OpenSSL to be able to use SRP to setup an SSL connection without using certificates using the SRP generated shared session key.


text:
Get behind the wheel of some of the world's most lusted-after car marques on the ultimate supercar driving experience.
Unleash the power of head-turning supermodels from a stellar fleet of new, top of the range cars from makers including Ferrari, Lamborghini, Bentley and more. On this incredible half day adventure, you'll be in the driver's seat as you put five exotic cars through their paces on an exhilarating 120 mile road course, chosen for both 'driveability' and scenic views.
With 20-30 minutes behind the wheel of each supercar, you'll enjoy the once-in-a-lifetime opportunity to compare and contrast the performance and handling of show-stopping cars that the whole world wants to drive. Will you prefer the red hot racing passion of Ferrari or the jaw-dropping good looks and speed of Lamborghini?
Experience the most thrilling exotic cars on the planet in one amazing supercar driving experience. Stop dreaming and start driving!
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text:
Judge Somers
06-07005 Frontier Farm Credit v. Norris et al (Doc. # 183)
- Details
- Category: Judge Somers
- Published: 28 October 2009
- Written by Judge Somers
Frontier Farm Credit v. Norris et al, 06-07005 (Bankr. D. Kan. Oct. 5, 2009) Doc. # 183
Click here for the pdf document.
SIGNED this 05 day of October, 2009.
Dale L. Somers
Opinion Designated for Electronic Use, But Not for Print Publication
In Re:
and MARY BETH NORRIS,
MARY BETH NORRIS, and
Case 06-07005 Doc# 183 Filed 10/05/09 Page 1 of 29
This proceeding was before the Court on January 24 and 25, 2008, for trial on the
Plaintiff's claims against Defendant-Debtors Christopher Charles Norris and Mary Beth
Norris.1 Plaintiff Frontier Farm Credit, PCA ("Frontier"), appeared by counsel Richard
Petersen-Klein of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, Kansas. The
Defendant-Debtors appeared by counsel Frederick R. Smith of Pittsburg, Kansas. At the
close of the evidence, the Court announced its decision that Frontier had failed to meet its
burden to prove that Defendant-Debtor Mary Beth Norris's ("hereafter Debtor Spouse")
personal liability on its claim against her should be excepted from her bankruptcy
discharge under either §§ 523(a)(2)(A), (a)(2)(B), or (a)(6) of the Bankruptcy Code, and
later entered a final judgment on that claim. The Court is now ready to rule on Frontier's
remaining claims against the Defendant-Debtors.
Frontier's claims arise from a secured line of credit it extended to the Debtors for
use in their farming operation. At the close of evidence, the Court ruled that Frontier
failed to show that Debtor Spouse committed any fraud in connection with the line of
credit. This written opinion therefore focuses on the allegations against Debtor
Christopher Norris (hereafter "Debtor").
Frontier alleges Debtor should be denied discharge on its claim because he made
misrepresentations when he applied for the line of credit, and then used at least some of
the line for purposes other than the ones stated in the loan application. Frontier also seeks
1 The Plaintiff's claims against Defendant Craig Norris have been severed for trial at a later time.
Case 06-07005 Doc# 183 Filed 10/05/09 Page 2 of 29
to have constructive trusts imposed on some of the Debtors' exempt assets and a few
assets they transferred because of their allegedly improper actions. As explained below,
the Court concludes Frontier has failed to prove that the Debtor made any
misrepresentations, that Debtor submitted a false financial statement to Frontier with
intent to deceive Frontier, or that the Debtor intended to harm Frontier or its security
interests by any of his actions. Because Frontier has not established that the Debtors
committed any fraud against it or had any confidential relationship with it, Frontier is not
entitled to any constructive trust remedy.
1. Frontier's claim.
Frontier filed a proof of secured claim in this case for $40,934.02, plus interest and
attorney fees. It identifies its collateral as livestock, farm equipment, accounts receivable,
inventory and proceeds, but states that the value of the collateral is uncertain due to fraud.
The claim is the amount of a prepetition default judgment entered against the Debtors for
payment of a the balance on a $150,000 line of credit granted to Debtors by Note-and-
Loan Agreement dated November 18, 2003.
2. Events before the Debtors applied for the line of credit with Frontier.
Before 2003, the Debtors earned income from a variety of sources. Most of the
Debtor's earned income came from owning and operating a company called Cash Grain
of Weir, Inc., that sold seed, fertilizer, chemicals, and probably other farm supplies. Most
of Debtor Spouse's income came from a job as an x-ray technician. The Debtor also
Case 06-07005 Doc# 183 Filed 10/05/09 Page 3 of 29
engaged in farming under the name JM Ranch, raising both cattle and crops.
For about four or five years before 2003, the Debtor and his son Craig ran a
commingled cattle operation. The Debtor explained this was an arrangement between a
father and son that they did not document in writing. The Debtor testified the
arrangement was to commingle cattle they each owned on pasture-land, and to share the
expenses of fattening them and the proceeds of selling them, roughly 80% for the Debtor
and 20% for his son.2 They did not formally organize this arrangement, and did not
report it as a partnership or other separate entity on tax returns or other documents. For
the most part, the Debtor and Craig had a man named Ronald "Ronnie" Davied buy
young cattle for them that they fattened and sold, usually within a year. At times, they
kept some cows that they bred, raising and selling the resulting calves. The cattle were
kept on the Debtor's land.
Debtor had a cordial relationship with Bruce Thornton, the Frontier's loan officer
who took the application for and approved the line of credit. To conduct business, Mr.
Thornton visited Debtor at the Cash Grain office. These meetings occurred every two or
2 Frontier contended that there was no partnership between Debtor and Craig for the cattle
operation, and the presence of a commingled cattle operation was a fiction used by Debtor to justify
payment to Craig for cattle sold on March 31, 2004. The evidence to support this contention was the
inclusion of the value of 266 head in the Debtors' balance sheet, prepared by Frontier, and tax returns of
Debtors and Craig. On the Debtors' 2004 tax return, they reported a sale on August 18 of 22 cow-calf
pairs, a total of 44 animals, for $15,639. These are the details of a sale by Craig on the same date. The
Debtor said the report of the sale on his and Debtor Spouse's return was a "tax return error" caused by his
mistaken report of the sale to an accountant at a time when he was under a lot of stress. Frontier's
attorney also challenged the Debtor to find the August 18, 2004, sale of cattle reported on Craig's 2004
tax return, but he could not. The Court finds this evidence insufficient to disprove the existence of a
commingled cattle operation, as testified by Debtor.
Case 06-07005 Doc# 183 Filed 10/05/09 Page 4 of 29
three months, or as often as once a month, depending on the season of the year. Debtors
had six prior loans with Frontier before applying for the line of credit at issue in this case.
Three of those loans were made in 1996, two in 1998, and one in 2000. One of these
loans was a line of credit which was open for four years. A bank document in the bank
file states, "Borrower is very good to work with and has always handle [sic] his account
as agreed." Debtor referred some Cash Grain customers to Frontier. Debtor testified that
because of his prior relationship with Frontier, he thought the lender knew about his
commingled cattle arrangement with Craig.
Ronnie Davied bought 259 head of cattle for the Debtor in September and October
of 2003. The Debtor paid for them using money drawn on a line of credit he had with
Exchange State Bank and about $49,000 that Craig borrowed from another lender and
gave to his father for purchases. The new cattle all weighed between 400 and 500
3. The line of credit application and other documentation.
In mid-fall 2003, during a meeting at Cash Grain, Debtor and Thornton discussed
refinancing of Debtor's cattle loan in the approximate amount of $100,000 then held by
Exchange State Bank. The discussions were for a loan of $150,000 to $200,000 to both
pay off the existing loan and provide funds for additional purchases of cattle. Thornton
obtained information from the Debtor about the Debtors and their assets. That
information included a balance sheet dated July 29, 2003, that someone other than Debtor
had compiled. Thornton made a note on the July balance sheet showing the number of
Case 06-07005 Doc# 183 Filed 10/05/09 Page 5 of 29
calves the Debtor told him he had, 235. There is a second note reading "$150,000 200,000,"
with the first dollar amount circled. Thornton said the second note indicated he
and the Debtor had talked about a loan in that dollar range, with the circle indicating the
amount they settled on.
Thornton completed a Commercial Loan Application for Debtors to borrow
$150,000. The stated purposes were $100,00 to refinance cattle loan, $1,000 for PCA
stock, and $49,000 for cattle purchases. The application was signed by both Debtors.
Thornton prepared a Net Realizable Value Worksheet and a Personal Property
Valuation Report, both dated October 30, 2003, in connection with the Debtors' loan. He
showed they had 266 head of cattle with a market value of $135,017, and a net realizable
value of $128,266 (95% of the market value number). Thornton also showed Frontier
would be taking equipment as additional collateral, listing five items with a total market
value of $13,200, and a net realizable value of $11,880 (90% of the market value
number). The NRV Worksheet reported the net realizable value of the assets securing
Frontier's loan to the Debtors would be $141,146 while Frontier's "investment" would be
$101,000, giving Frontier a net realizable value equity position of $40,146. Thornton
said Frontier took the equipment as additional collateral because the cattle did not provide
sufficient value for the line of credit.
Using the information supplied by Debtor, Frontier prepared a four page "Balance
Sheet-Member & Detail," which was not signed by Debtors. This worksheet provides
detail concerning the numbers reported on the actual balance sheet. The third page
Case 06-07005 Doc# 183 Filed 10/05/09 Page 6 of 29
reported Debtors owned one bull, 15 beef cows, 15 beef calves, 52 beef stocker heifers,
and another 183 beef stocker heifers,3 having a total value of value of $135,018. These
numbers are the same as on the NRV worksheet. The number of head equals 266.
Using the information from the worksheet, Thornton prepared a two page balance
sheet using the Frontier Credit format. It was printed on November 14, 2003. Debtors
signed the second page. The Debtor Spouse provided none of the information used to
create the balance sheet. The balance sheet showed the Debtors had total assets of $1.89
million and liabilities of $637,000, for a net worth of over $1.2 million. The Debtor's
equity ownership of Cash Grain was reported to be worth $159,400, and he also had
preferred stock in the company valued at $10,000. The list of current assets included
$135,018 under the category "Purchases Held for Resale." This is the value assigned to
266 head of cattle.
One of the issues in this case is the source and accuracy of the 266 head of cattle
used to compute the $135,018 value of "Purchases Held for Resale" stated in the balance
sheet. The Court cannot clearly determine the source of the 266 head number from the
evidence presented. Thornton testified that Debtor would have told him the number of
cattle he owned. Debtor did not dispute this fact, but he also did not testify as to the
number he reported to Thornton. The 266 head may have come from Debtor. It also
appears Thornton may have arrived at that figure by adding the number of cattle (235) he
3 The NRV worksheet identified these as 183 stocker steers.
Case 06-07005 Doc# 183 Filed 10/05/09 Page 7 of 29
hand-wrote on the July 2003 balance sheet to the 15 cow-calf pairs and one bull already
reported on it. Thornton inspected the cattle only to satisfy himself that the number he
had been given was realistic, not to do an actual count of them. He said he had been
around cattle enough that he could tell the difference if 200 head were in a pasture rather
than 100. Assuming that 266 is the number of cattle that were in pasture, that those cattle
had the value computed by Thornton, and that Debtor owned only an 80% interest, the
value of the balance sheet should have been $108,014. The Debtor did not tell Thornton
that he and Craig were at the time of the inspection pasturing cattle together, but the
Debtor testified he thought Thornton would have known that as a result of his prior loans
and on-going relationship with Frontier.
By letter dated November 18, 2003, Thornton informed Debtors of the approval of
the application for a revolving $150,000 line of credit "on a secured basis with a variable
rate of 5.50 %, drafting privileges and maturity date of December 1, 2004." Debtors were
required to carry livestock insurance and a 20% margin on the loan. The collateral was
identified as "accounts, inventory, proceeds, livestock and equipment & accessions" as
defined in the Security Agreement. The letter requests Debtors to execute enclosed
documents, which presumably were the Note and Loan Agreement and the Security
Agreement prepared by Thornton.
So far as Thornton could remember, after he prepared these documents using
information the Debtor provided, he took them to the Debtor at his place of business, and
had him sign them. Thornton did not remember specifically how this signing went, but
Case 06-07005 Doc# 183 Filed 10/05/09 Page 8 of 29
said his practice was to "flip through" the loan papers with a borrower like the Debtor,
giving him the opportunity to review them. The Debtor then took some documents home
for Debtor Spouse to sign, and returned them to Thornton. No one testified whether
Debtor Spouse read any of the documents or anyone went over them with her before she
signed them. Thornton must have forgotten to give the Debtor the loan application and
balance sheet to sign, because a letter in Frontier's file shows those documents were
mailed to the Debtors on November 24, 2003, to get their signatures. This explains why
the loan application is dated November 14, 2003, but both the Debtors wrote "12-2-03"
on the date line following their signatures. The Debtors did not hand-date the balance
sheet when they signed it, but typed text on it states it was printed on November 25.
Since the letter says the balance sheet was mailed to the Debtors along with the loan
application, the Court concludes they signed it the same day they signed the loan
application. Frontier first paid out money on the line of credit on November 26, 2003,
before the Debtors signed either of these documents.
Frontier gave Debtors drafts they could use like checks to make draws against the
line of credit. Since Thornton thought of the line as a cattle loan, he indicated Frontier
expected the Debtors to use the line of credit to buy, feed, and otherwise maintain the
cattle. Labor charges could be paid with it if they were for "working" the cattle.
Debtor's view of the intended purpose was larger, to include anything having to do with
his farming operation, including purchase of equipment. In the past, Thornton had
advised debtor to use a credit line rather than to apply for a new loan for purchases.
Case 06-07005 Doc# 183 Filed 10/05/09 Page 9 of 29
The three-page Security Agreement gave Frontier a lien on the Debtors' livestock
and on five specific pieces of equipment. Other categories of collateral were listed as
well, but Thornton indicated he understood only cattle and the equipment secured the line
of credit, and the Debtor testified that was his understanding as well. The second page of
the agreement is labeled "Standard Provisions," and the first paragraph on that page
included as one of eight numbered circumstances of default: "(5) if Borrower uses
disbursements for a purpose other than the stated purpose." No specific purpose for
disbursements is stated on the Security Agreement. The Note-and-Loan Agreement
showed the loan was for a $150,000 revolving line of credit, with an expiration date of
December 1, 2004. Similar to the Security Agreement, the five-page Note-and-Loan
Agreement contained a "Standard Provisions" part on its second page that specified eight
things the borrowers were supposed to do, including "(4) utilize loan proceeds for the
stated purpose." Further down on that page, a paragraph listed seven circumstances of
default, including "(5) Borrower fails to use loan proceeds for the stated purpose."
Again, nothing in this document specified what the "stated purpose" was.
In addition to the "Standard Provisions" part of the Note-and-Loan Agreement, a
"Special Conditions" box was checked and a clause was added saying "Borrowers must
maintain a 20% margin on the stocker cattle loan." When asked at trial, the Debtor said
he thought this condition meant he was supposed to maintain a 20% profit margin on his
cattle. Thornton explained it meant the value of the Debtor's cattle was supposed to
remain 20% higher than the outstanding balance owed on the line of credit.
Case 06-07005 Doc# 183 Filed 10/05/09 Page 10 of 29
4. The Debtors' use of the line of credit.
According to a note Thornton placed in Frontier's records in 2005, the first use of
the line of credit occurred on November 26, 2003, when Frontier advanced $104,599.25
to pay off a prior lien on the Debtors' cattle. From then through the end of February
2004, Debtors wrote four more drafts to JM Ranch, and one to Cash Grain for feed. Since
Thornton testified he thought feeding and caring for the cattle met the loan purposes,
nothing presented indicated any of these drafts violated his understanding of the loan
From December 2003, until November 2004, the Debtors wrote about 35 drafts on
the line for a total of just over $163,500. For the most part, they made the drafts payable
to JM Ranch, and then paid the money to others; however, some of the drafts were made
payable directly to others. According to a summary prepared based on the Debtors'
testimony at a continued meeting of creditors, that money was spent on the following
Cattle: 2,400.00
Feed: 13,950.00
House: 23,927.85
Tractor: 8,000.00
Hay: 14,572.23
Corn: 7,537.00
Wheat: 1,141.55
Bins: 11,245.00
Cash Grain: 50,000.00
Fuel: 1,284.65
remember: 29,450.00
Case 06-07005 Doc# 183 Filed 10/05/09 Page 11 of 29
Together with Frontier's payoff of the prior lien on the cattle, these drafts show the
Debtors borrowed a total of about $268,000 on the line of credit during a one-year period.
In September 2005, Frontier obtained a default judgment against them for $40,124.03,
indicating the Debtors had repaid it at least $228,000 of the money advanced on the line.
Frontier complains that certain of the draws were for purposes other than those
stated in the loan application. Debtors wrote a draft for $8,000 on the line of credit in
April 2004 and used about $7,300 of that to pay off a lien on a tractor which they later
sold for $5,000 and applied the proceeds to a lien on a Ford truck they owned. They sold
the tractor in July 2005, and paid the proceeds on the lien the next month. Frontier also
complains that in November 2004, with another draft, the Debtors bought wheat seed that
they planted, then harvested and sold the next summer, but they applied the proceeds to
the lien on the truck in August 2005.
Frontier complains about money from the line of credit that the Debtors deposited
into their JM Ranch checking account and then spent on a home they were having built.
In May 2004, they paid $13,270 to a bank for construction costs. In June 2004, they paid
$6,722.84 to the contractor that was building the home. Debtor did not make these draws;
Debtor Spouse wrote the drafts that transferred these amounts to JM Ranch. In July 2004,
the Debtors paid $300 for an appraisal on the home. Frontier successfully traced these
payments, a total of $20,292.84, to money drawn on the line of credit.
At trial Frontier complained about a net $36,000 draw from the line of credit for
JM Ranch that was paid to Cash Grain. The Debtor testified that when he transferred
Case 06-07005 Doc# 183 Filed 10/05/09 Page 12 of 29
money to Cash Grain, he would have been paying for seed, fertilizer, or chemicals he was
buying for his farm operation. He implied he would not have used money from Frontier's
line of credit to invest in Cash Grain.
Thornton explained that when the Debtors wrote a draft, the draft number and
amount would come to Frontier's accounting department, where it would be applied to
the line of credit and paid so long as the balance owed did not exceed the $150,000 limit
on the line. Thornton would get a daily report showing the draft number and amount but
not the use of the funds. He would have access to copies of the drafts the next day, but
would not look at them unless he believed he had a need to.
Thornton did not look at the Debtors' drafts until after they had sold all their cattle
and he realized Frontier had insufficient remaining collateral to secure the balance the
Debtors owed. Then he looked through the drafts and the monthly statements Frontier
had sent to the Debtors in an effort to reconcile the drafts with their use of the proceeds of
sales of the cattle. There was no evidence that Thornton, or anyone else on behalf of
Frontier, after the loan was approved inspected Debtor's cattle, notified any sale barns of
its interest in the cattle, or otherwise monitored the collateral.
5. Sales of cattle by the Debtor and his son, Craig.
During 2004, cattle were sold in both the Debtor's and Craig's names through
Parsons Livestock Market ("Parsons"). On March 31, 2004, the Debtor sold 198 head of
cattle there. Parsons issued two checks for the proceeds of that sale, one for $106,174.05
Case 06-07005 Doc# 183 Filed 10/05/09 Page 13 of 29
payable to the Debtor and his prior cattle lender,4 and one for $25,000 payable to Craig.
The Debtor later paid Frontier $100,000 from the proceeds he had received. He also paid
Craig another $5,600 he agreed would have come from the remaining $6,174.05 of the
proceeds he had received. Thus the proceeds were split approximately 24% to Craig and
76% to Debtor.
On August 18, 2004, Craig sold eight calves, one bull, 14 cows, and one cow-calf
pair, a total of 25 animals, through Parsons. Parsons issued one check for the proceeds of
this sale for $15,187.54, payable to Craig. On August 25, 2004, the Debtor sold 8 more
stocker cattle through Parsons. The proceeds of $6,199.40 were all paid to Frontier. On
December 8, 2004, he sold 45 cows through Parsons. The proceeds of $40,723.60 were
all paid to Frontier.
In total, Frontier's evidence showed that the Debtor and Craig sold 275 cattle
through Parsons during 2004. The Debtors produced documents showing the Debtor
made a few other cattle sales as well that did not go through Parsons. On September 9,
2004, he sold two bulls and two bins and paid the proceeds to Frontier. On December 3,
2004, he sold another bull and paid the proceeds to Frontier. This brings the total
documented number of cattle sold to 278.
Although neither the Debtor nor Thornton thought Frontier had a lien on his crops,
the Debtor paid Frontier $26,356.56 on October 19, 2004, from the sale of a corn crop.
4 It is not clear why this check was made payable to the prior lender rather than to Frontier, but
the Debtor was able to deposit the check and use the proceeds without giving any of them to the prior
Case 06-07005 Doc# 183 Filed 10/05/09 Page 14 of 29
Frontier also received the $5,736.93 proceeds of another crop received in the form of the
buyer's check dated February 14, 2005, that was made out to both Frontier and the
Debtor. The amount paid from the proceeds of crops was thus in excess of the total of
approximately $31,000 which Craig received from the March 31, 2004 sale of livestock,
when the proceeds were split approximately 76% to Debtor, which was paid to Frontier,
and 24% to Craig.
6. Significant events occurring after the Debtor had sold most of his cattle.
In November 2004, all the banks that had been working with the Debtor in his
Cash Grain business decided "to freeze everything," putting him out of his main job and
under a lot of stress.
In April 2005, the Debtors had their attorney contact Frontier to say they wanted to
sell Craig four pieces of equipment that were Frontier's collateral. Sometime earlier,
Thornton had reviewed the items and concluded Frontier could get a net recovery of
$8,600 if it had to foreclose on them. Negotiations followed, and Frontier agreed to
release its lien on the items in return for $10,000, the price Craig was allegedly paying for
them. The money was paid to Frontier, and it released its lien on the four items. During
an examination conducted pursuant to Federal Rule of Bankruptcy Procedure 2004, Craig
allegedly testified he paid the $10,000 for just one of the items, a tractor. Frontier was
unable to subpoena Craig to testify at trial, and the Court ruled that despite his absence,
his prior testimony was not a type that was admissible. Frontier did present a
depreciation schedule contained in Craig's accountant's records that showed Craig
Case 06-07005 Doc# 183 Filed 10/05/09 Page 15 of 29
acquired a tractor in 2005 at a cost of $10,000, the year of the purchase from the Debtors
and Frontier, but did not show his acquisition of the other three pieces of equipment. The
accountant said he would assume the cost should have been apportioned among all the
components Craig was purchasing if he had bought more than just the tractor with the
$10,000, and agreed the different components might have had different depreciation lives.
In July 2005, Frontier sued the Debtors for the remaining balance due on the line
of credit. The Debtors did not oppose Frontier's complaint, and judgment was entered on
September 9, 2005, for $40,124.03, plus interest. The judgment also declared Frontier
had a first and prior lien on the Debtors' farm products, accounts, inventory, and a
specified bush hog.
The Debtors filed their Chapter 7 bankruptcy petition on October 5, 2005.
According to their schedules, the Debtor had been working in insurance sales for six
months by then, as well as continuing to work as a farmer-stockman. He also drew some
unemployment compensation during 2004 and 2005. Nothing in the evidence suggested
Debtors owned any cattle during 2005.
7. The Debtor's credibility.
The Debtor testified, but Debtor Spouse did not. The Court generally found the
Debtor's testimony to be credible. He appeared to answer the questions posed by
Frontier's attorney truthfully to the extent he could still remember events that mostly
occurred three to four years before the trial. He usually conceded transactions recorded in
various different places were related when they involved similar amounts of money and
Case 06-07005 Doc# 183 Filed 10/05/09 Page 16 of 29
dates that were close together, even though he usually seemed not to have an actual
memory of the transactions occurring and the records were typically insufficient by
themselves to establish the relationships between the transactions.
In this proceeding, Frontier's remaining claims are one against the Debtor to
except his debt from discharge under §§ 523(a)(2)(A), (a)(2)(B), or (a)(6), and one
against both Debtors to have constructive trusts imposed against their homestead, their
Ford pickup truck, and three pieces of equipment they transferred to Craig.
1. Exception from discharge for fraud under § 523(a)(2)(A).
Section 523(a)(2)(A) of the Bankruptcy Code excepts from discharge any debt "for
money, property, services, or an extension, renewal, or refinancing of credit, to the extent
obtained by — (A) false pretenses, a false representation, or actual fraud, other than a
statement respecting the debtor's . . . financial condition." In order to succeed under
§ 523(a)(2)(A), Frontier had the burden to establish the following elements by a
preponderance of the evidence:
1) the debtor knowingly committed actual fraud or false pretenses, or made a
false representation or willful misrepresentation; 2) the debtor had the intent to
deceive the creditor; and 3) the creditor relied on the debtor's representation.
Fowler Bros. v. Young (In re Young), 91 F.3d 1367, 1373 (10th Cir.1996). The
creditor's reliance must have been justifiable, Field v. Mans, 516 U.S. 59, 74-75
(1995), and the creditor must have been damaged as a result, Young, 91 F.3d at
5 State of Missouri ex rel. Nixon v. Audley (In re Audley), 275 B.R. 383, 388 (10th Cir. BAP
Case 06-07005 Doc# 183 Filed 10/05/09 Page 17 of 29
Frontier suggests the Debtor defrauded it by: (1) falsely promising to use the line of
credit strictly to fund his cattle operation; and (2) either falsely claiming he and his son
operated a commingled cattle operation in order to justify giving his son some of the
proceeds from his cattle sales, or failing to disclose that his son owned some of the cattle
that were in the herd on the Debtor's land. The evidence fails to convince the Court that
the Debtor did anything fraudulent, made any deliberate misrepresentation, or otherwise
acted by trickery or deceit, or that he took any action intending to deceive Frontier.6
a. Frontier's claim is not excepted from discharge under § 523(a)(2)(A)
because of false representations regarding use of the loan proceeds made when the
loan was originated.
Frontier asserts the Debtor falsely promised to use the line of credit solely to fund
his cattle operations. The Court finds that Debtor's representations regarding use of the
loan proceeds made at the time to loan was originated are not a basis to deny discharge.
First, the Court notes it is unclear exactly what Frontier contends the Debtor promised to
do with the line of credit. The Commercial Loan Application states the purposes of the
line were to refinance a prior lien on the Debtors' cattle, buy stock in Frontier, and to
purchase more cattle. But Thornton conceded the Debtor could also properly use the line
to pay to feed, care for, and "work" the cattle. Debtor testified that he understood the
loan purpose more broadly, that it was intended to fund his cattle and farming operation.
6 See 4 Collier on Bankruptcy, ¶ 523.08[1][e] at 523-45 (Resnick & Sommer, eds.-in-chief, 15th
ed. rev. 2008) ("Actual fraud . . . consists of any deceit, artifice, trick, or design involving direct and
active operation of the mind, used to circumvent and cheat another — something said, done or omitted
with the design of perpetrating what is known to be a cheat or deception").
Case 06-07005 Doc# 183 Filed 10/05/09 Page 18 of 29
Second, the loan documentation signed by Debtor does not expressly limit the use of loan
proceeds. The only possible representation is in the Commercial Loan Application which
states the purpose of the loan; there is no express limitation in the Note-and-Loan
Agreement or the Security Agreement. The draw "checks" included no requirement as to
how the proceeds would be used. Third, to the extent that the Loan Application, which
Debtors signed, and Debtor's conversations with Thornton constituted a representation
that Debtors would use of the line of credit only for cattle and farming operations, there is
absolutely no evidence that this representation was false when made in the fall of 2003 or
that Debtor at that time had any intent to deceive Frontier regarding the use of the
Although Frontier does not expressly contend that the Court should apply the
standards for nondischargeability under § 523(a)2)(A) to each draw as a separate
transaction, this approach appears correct since each draw constitutes a separate extension
of credit and receipt of money. However, under this analysis, which considers the
representations made when each draw was received, Frontier has failed to sustain its
burden of proof. Frontier complains about three categories of draws: funds used to pay
the lien on a tractor, which was later sold; funds used to pay bills for construction of
Debtors' home; and a net $36,000 in draws for JM Ranch which was paid to Cash Grain.
The tracing of loan draws to payments on liens on a tractor, and later a truck, are
stated in the findings of fact and will not be repeated here. Tracing of loan proceeds does
not satisfy a creditor's burden of proof to except a claim from discharge. As to these
Case 06-07005 Doc# 183 Filed 10/05/09 Page 19 of 29
transactions, the Court finds lack of evidence that Debtor made a willful
misrepresentation and had intent to deceive. Debtor testified that he understood the loan
to be for purposes associated with his ranching and farming operation, including
purchases of equipment. There is no evidence that the tractor was not used for these
purposes, so Debtor could not have made a misrepresentation when making draws for the
purpose of paying off the lien on the tractor. Likewise, there is no evidence that Debtor
intended to deceive Frontier when paying off the lien on the tractor, then selling the
tractor (which was not listed in the items of collateral pledged to Frontier), and using the
proceeds to pay off the lien on a truck, which may have also been used for farming and
ranching. The additional suggestion that discharge should be denied because funds were
drawn from the line of credit for seed and the proceeds of the crops applied to the
payment of the lien on the truck is totally without merit. Again there is not basis to find a
misrepresentation of intent to deceive. Use of funds for seed was within the loan
purposes as understood by Debtor. Frontier had no security interest lien in crops.
As to the funds invested in the Debtor's home, a purpose which in Debtor's view
was not contemplated when the loan was originated, the evidence is that these draws were
made by Debtor Spouse, not by Debtor. There was no evidence that Debtor was involved
in these draws and therefore no basis to find Debtor made a misrepresentation or had
intent to deceive Frontier.
Finally, the evidence concerning the $36,000 net draws deposited to JM Ranch
was sketchy, and the Court finds no misrepresentation and no intent to deceive. Debtor's
Case 06-07005 Doc# 183 Filed 10/05/09 Page 20 of 29
farming and ranching was conducted through JM Ranch. Frontier's speculation, not
supported by any evidence, that the funds were transferred by JM Ranch to Cash Grain,
was refuted by Debtor.
b. Frontier's claim is not excepted from discharge because of a false
representation that Debtor conducted a cattle operation with his son or because of
failure to disclose that a portion of the cattle in Debtor's herd was owned by his son.
The Court does not accept Frontier's contention that Debtor made a
misrepresentation that he and Craig commingled their cattle. As stated in the findings of
fact, the Court concludes, based upon the record as a whole, that Debtor and Craig for
several years prior to the events in issue had an informal arrangement to commingle their
cattle operations. Hence, Debtor made no misrepresentation when proceeds of cattle sales
were distributed in part to Craig based upon the existence of such an arrangement.
This leaves Frontier's alternative argument that the Debtor defrauded Frontier by
failing to disclose that his son owned some of the cattle he offered as collateral for the
line of credit he obtained from Frontier in November 2003. The Court denies this
position for two reasons. First, this contention relates to the accuracy of the Balance
Sheet prepared by Frontier which included the value of cattle as owned by Debtor.
Section 523(a)(2)(A) expressly excludes "a statement respecting a debtor's or insider's
financial condition" from the misrepresentations that can be the basis for denial of
discharge under the subsection. Denial of discharge based upon a materially false
financial statement is addressed by § 523(a)(2)(B) and is discussed below.
Case 06-07005 Doc# 183 Filed 10/05/09 Page 21 of 29
Second, the record contains no evidence from which the Court could conclude that
Debtor intended to deceive Frontier when he failed to disclose Craig's interest in the herd
during the loan application process. Debtor testified he assumed, because of his long
relationship with Thornton, that Frontier was aware that of the commingling of cattle.
There is no reason to question the veracity of this statement. In addition, there is no
evidence from which the Court can infer intent to deceive. The record reflects that
Frontier, for good reason, trusted Debtor and was not aggressive when inquiring about the
cattle operation. Under such circumstances, Debtor cannot be denied a discharge.
Frontier failed to satisfy its burden to prove the Debtor obtained the line of credit
or made draws on the line of credit through false pretenses, a false representation, or
actual fraud. Consequently, the Debtor's obligation to Frontier is not excepted from
discharge by § 523(a)(2)(A).
2. False financial statement under § 523(a)(2)(B).
Frontier has not clearly argued that its claim against the Debtor should be excepted
from discharge by § 523(a)(2)(B). However, it has quoted the provision in its trial brief
and contends misrepresentation when the balance sheet prepared by Thornton dated
November 15, 2003, included the value of 266 head, even though Craig had an interest in
the same asset. The Court will therefore address denial of discharge under this
As relevant here, § 523(a)(2)(B) excepts from discharge a debt:
Case 06-07005 Doc# 183 Filed 10/05/09 Page 22 of 29
(2) for money, property, services, or an extension, renewal, or
refinancing of credit, to the extent obtained by —
(B) use of a statement in writing —
(i) that is materially false;
(ii) respecting the debtor's or an insider's financial
(iii) on which the creditor to whom the debtor is
liable for such money, property, services, or credit
reasonably relied; and
(iv) that the debtor caused to be made or published
with intent to deceive.
To succeed on its claim under this provision, Frontier must prove each element under
§ 523(a)(2)(B) by a preponderance of the evidence.7 The Court finds the balance sheet
prepared in connection with the line of credit was the only document presented that gave
a picture of the Debtor's overall financial health and could therefore qualify as the written
statement respecting the Debtor's or an insider's financial condition that is required for a
debt to be excepted from discharge under this provision.8
Frontier has not explicitly directed the Court to any representation in the balance
sheet that it contends was false. Much of its evidence, however, seemed to be aimed at
showing the Debtor did not personally own 266 cattle in October 2003 when he told
Thornton he did, but instead owned some lesser amount because he and Craig had a
7See Grogan v. Garner, 498 U.S. 279, 286-87 (1991); see also 4 Collier on Bankruptcy ¶ 523.04
at 523-23 to -24 .
8See Cadwell v. Joelson (In re Joelson), 427 F.3d 700, 704-14 (10th Cir. 2005) (§ 523(a)(2)(B)
applies only to statements that give picture of debtor's overall financial health).
Case 06-07005 Doc# 183 Filed 10/05/09 Page 23 of 29
commingled herd.9
Turning to the elements required for the exception to discharge, the Court finds
that Frontier has not satisfied its burden of proof. First, the Court finds that the inclusion
of the value of $135,018 for the cattle instead of 75 % or 80% of that value was not
materially false with respect to Debtors' creditworthiness. Debtors' net worth reported on
the statement was $1,256,423; a reduction of $33,750 or $27,000 would not have been
significant. Had Frontier taken into account Craig's ownership it could have requested a
security interest in Craig's interest in the cattle or taken a security interest in other assets
of Debtors, such a growing crops, marketable securities (valued at $253,759), or
additional machinery/equipment.
More importantly, even if the statement of the value of the livestock was
materially false, the Court finds that discharge cannot be denied because there is no
evidence that "debtor caused [the statement] to be made or published with intent to
deceive." The balance sheet, although signed by Debtor and Debtor Spouse, was
prepared by Thornton, based in part upon a balance sheet as of July, 2003, prepared by
someone other than the Debtor, and information supplied by Debtor to Thornton. At the
time it was prepared, Thornton and Debtor had a good working relationship. Debtor was
forthright in his testimony at trial, and there is no evidence that he was other than
9 Frontier suggested as an alternative to a commingling of Debtor's and Craig's cattle, the
circumstance that Debtor owned 100% of the cattle, because the $47,000 borrowed by Craig and used to
fund a portion of the cost of the cattle purchased in the fall of 2003, was a loan from Craig to Debtor. If
this were true, the balance sheet would be inaccurate because it omitted Debtor's obligation to Craig.
Case 06-07005 Doc# 183 Filed 10/05/09 Page 24 of 29
forthright when dealing with Thornton. Debtor testified that based upon his long
relationship with Thornton, he assumed that Thornton knew that Debtor and his son
operated a joint cattle operation.
The evidence did not convince the Court that Debtor was even aware of the
number of head of cattle used by Frontier when calculating the value of the herd or had
any reason to believe that the value ascribed to his interest in cattle was not correct. The
number of head is not on the balance sheet signed by Debtor. The total number of cattle
(266) is not even stated on the worksheet used to prepare the balance sheet, although the
number of cattle in each category is stated. However, Debtor did not sign the worksheet,
and there is no evidence that he reviewed it. Even as to those documents that were
signed, the evidence suggests that Debtor's review was cursory.
The Court rejects Frontier's contention that Debtor's discharge should be denied
under § 523(a)(2)(B). Frontier has not carried its burden of proof. The Court questions
whether the error in the value of Debtor's interest in livestock was materially false. More
importantly, even assuming it was, Frontier has not sustained its burden of proof because
there is not evidence that Debtor intended to deceive Frontier when he approved the
statement prepared by Thornton.
3. Willful and malicious injury under § 523(a)(6).
Section 523(a)(6) of the Bankruptcy Code excepts from discharge any debt "for
willful and malicious injury by the debtor to another entity or to the property of another
Case 06-07005 Doc# 183 Filed 10/05/09 Page 25 of 29
entity." In Kawaauhau v. Geiger, the Supreme Court ruled that this provision applies
only to a deliberate or intentional injury, not merely a deliberate or intentional act that
leads to injury,10 explaining that this means the debtor must have intended the
consequences of the act he or she performed, not simply the act itself.11 Frontier does not
provide the Court with any specific acts which it contends constitute willful and
malicious injuries within the meaning of § 523(a)(6). This exception to discharge is
applicable to willful and malicious conversions of collateral,12 so the Court will assume
that this is Frontier's contention.
When Debtor paid Craig a portion of the proceeds from the sale of cattle, there is
no evidence that he did not do so as a deliberate act to injure Frontier. Craig was paid
because of his interest in the commingled cattle. Acts done without malice and intent to
injure are not sufficient to except a debt from discharge, even though they result in less
than full repayment of a loan. Rather than intending to harm Frontier by diverting
collateral, the Court finds that Debtor intended to satisfy his obligation to Frontier.
Debtor made substantial payments to Frontier from sales of crops, assets neither he nor
Thornton thought were covered by Frontier's security interest. Debtor, through his
attorney, also arranged for sale of collateral so the proceeds could be applied to the loan
11 Id. at 61-62.
12 4 Collier on Bankruptcy ¶ 523.12[3].
Case 06-07005 Doc# 183 Filed 10/05/09 Page 26 of 29
Frontier has failed to satisfy its burden to prove the Debtor intentionally injured it
or its property, so the Debtor's obligation to Frontier is not excepted from his discharge
by § 523(a)(6).
4. The grounds for constructive trust are not present.
Frontier asks the Court to impose a constructive trust on the Debtors' homestead
and on their Ford truck, and to impose a constructive trust on three pieces of equipment
the Debtors allegedly transferred to Craig as gifts. The Kansas Supreme Court has
adopted a lower court's explanation that either actual or constructive fraud must be shown
for the constructive trust remedy to be available:
"A constructive trust arises wherever the circumstances under which property was
acquired make it inequitable that it should be retained by the person who holds the legal
title." Logan v. Logan, 23 Kan. App. 2d 920, syl. ¶ 6, rev. denied 262 Kan. 961 (1997).
To prove a constructive trust, there must be a showing of one of the two types of fraud:
actual or constructive. 23 Kan. App. 2d 920, syl. ¶ 7.
Actual fraud is not at issue in this case. "Constructive fraud is a breach of a legal
or equitable duty which, irrespective of moral guilt, the law declares fraudulent because
of its tendency to deceive others or violate a confidence, and neither actual dishonesty or
purpose or intent to deceive is necessary." 23 Kan. App. 2d 920, syl. ¶ 7. Two additional
elements also must be proved: "[T]here must be a confidential relationship [, and] the
confidence reposed must be betrayed or a duty imposed by the relationship must be
breached." 23 Kan. App. 2d 920, Syl. ¶ 8.13
The Court concluded at the end of the trial that Frontier failed to show the Debtor
Spouse committed any fraud, and has now concluded in this opinion that Frontier failed
to establish that the Debtor committed any fraud in connection with the line of credit, so
13 Garrett v. Read, 278 Kan. 662, 673-74 (2004).
Case 06-07005 Doc# 183 Filed 10/05/09 Page 27 of 29
the actual fraud ground for imposing a constructive trust against any of the Debtors'
assets arising from draws on the line of credit does not exist. The Court further concludes
Frontier has failed to establish that the Debtors gave Craig three of the four pieces of
equipment involved in the deal their attorney arranged with Frontier for no consideration
and sold him the tractor alone for the $10,000 he paid to Frontier. The depreciation
schedule Craig's accountant had in his files is simply not enough to convince the Court
the Debtors intended to defraud Frontier in this transaction. Frontier's own estimate of
the value of the four pieces of equipment was less than the amount it received.
Since the Court has found the Debtors committed no actual fraud, this leaves only
the constructive fraud ground for imposing a constructive trust on any of their property,
which requires a breach of a confidential relationship. The Kansas Court of Appeals
has defined a confidential relationship " ' "as any relationship of blood, business,
friendship, or association in which one of the parties reposes special trust and confidence
in the other who is in a position to have and exercise influence over the first party." '
[Citation omitted.]" Heck v. Archer, 23 Kan. App. 2d 57, 63, 927 P.2d 495 (1996). The
mere relationship between a parent and a child does not raise a presumption of a
confidential and fiduciary relationship. Curtis v. Freden, 224 Kan. 646, 651, 585 P.2d
993 (1978).14
So the type of relationship necessary to support a finding of constructive fraud is one
which would have enabled the Debtors to exercise improper influence over Frontier. This
clearly excludes an ordinary lender-borrower relationship like Frontier had with the
Debtors. Since the Debtors committed no actual fraud and did not have any confidential
14 Nelson v. Nelson, 38 Kan. App. 2d 64, 78 (2007).
Case 06-07005 Doc# 183 Filed 10/05/09 Page 28 of 29
relationship with Frontier, Frontier's claim to have a constructive trust imposed on the
Debtors' homestead, their Ford truck, or the three items they transferred to Craig must
For these reasons, the Court concludes: (1) Frontier has failed to prove that its
claim against the Debtor should be excepted from his discharge by §§ 523(a)(2)(A),
(a)(2)(B), or (a)(6). Frontier's evidence was largely a story of a line of credit that at the
end of the day was not adequately secured where the creditor could trace some draws to
purposes for which the loan was not intended. The story failed to include intentional
misrepresentations, fraud, deceit, malice, and intent to harm, the circumstances which are
necessary to deny a Debtor the right of discharge. Excepting a debt from discharge can
significantly affect a debtor's fresh start, and accordingly the exceptions on which
Frontier relied are strictly construed in favor of the debtor and strictly construed against
the creditor, who has he burden of proof. In this case, Frontier simply did not satisfy its
burden of proof under §§ 523(a)(2)(A), (a)(2)(B), or (a)(6). Frontier has also failed to
prove that a constructive trust should be imposed against the Debtors' homestead, their
Ford truck, or any of the four pieces of equipment they transferred to Craig.
This Opinion will not become a final judgment on Frontier's claims against the
Debtors until Frontier's claims against defendant Craig Norris are resolved.
# # #
Case 06-07005 Doc# 183 Filed 10/05/09 Page 29 of 29


text:
The American Legion Auxiliary Unit 28, in conjunction with the Delaware Department of Education and the Delaware Food Bank will provide lunch for youth ages 5-17 beginning June 17.
The program will run from 11:30 a.m. to 12:30 p.m. June 17-Aug. 16, Monday-Friday at Lingo Creek Apartment, 32980 Shoppes at Long Neck Blvd., Millsboro. Attendees coming to lunch will also be eligible to take home a back pack of non-perishable goods that can be used over the weekend.
For more information, call (302) 945-9191 or (302) 329-9090.
Location, ST | website.com


text:
Fat Rats Lounge in Sanford just got fatter
I just got off the phone with Jason Turner, owner of Fat Rats Lounge and Jason's Martini Club in Sanford. He tells me he just expanded Fat Rats another 1000 square feet and will be opening the expansion on Sept. 2.
"In a nutshell, it's a mix of Fat Rats with Jason's Martini," says Turner.
He says it will still have that 1920s look with "LED color changing prettiness." Those LEDs will continue throughout the expansion, including in the glass counter top bar and in the original black and white photos of Sanford Avenue in the early 1900s. He also said that there are drink rails in the new space constructed out of beams from a building that stood in Sanford in the 1890s. There will be two pool tables and three dart boards. And, since Fat Rats is non-smoking, there is now outside cafe seating.
But Turner is not stopping there, once this phase of the expansion is completed, he'll be starting up on the third phase. That will add on another 1000 square feet and include a full-service restaurant. He hopes to have it completed by October. Fat Rats is at 410 S. Sanford Ave. in Sanford, call 407-321-5686.


text:
Printable View
or, perhaps ... a biography?
But there's no time for nostalgia now...
is this the longest time ive ever had one avatar on pd?
either this or putin
From the times Ive hopped back in and out of PD, you have not moved from that avatar.
I'm pretty sure this is the longest avatar I'VE had.
Also white people lol was used a lot by you I think.
i didnt have it for that long really, it was just the avatar i had for a good majority to the height of the "GOLDEN AGE" so its the avatar most closely associated with me


text:
You are here
Lot B
Lot B is located at 919-921 Church Street and has 14 parking spaces. Lot B is directly across the street from the main entrance of City Hall and adjacent to the Monument Terrace Building. Parking by permit only. Parking permits are only issued to City Employees - no public parking.
City Employees that have appointments with the City's Nurse Practitioner may use any of the two designated spaces when coming to the clinic at Monument Terrace.


text:
Indie rockers The War on Drugs release well-received, but slightly strange recordings. What's interesting about the group's live show is that it's also off-kilter, but in an entirely different way.
During Tuesday's sold-out double bill at The State Room, co-headliners TWOD went first and laid a sprawling, bombastic one-hour set on a crowd of hipsters and Tuesday night partyers that seemed to be appreciated. Often sounding like Bob Dylan circa 1978 leading Sonic Youth circa 1998, lead singer and band co-founder Adam Granduciel led the band through an up-tempo set that also revealed the Philadelphia resident's love of the Utah Jazz and an ability to make a crowd laugh.The band was rewarded with a Mark Eaton action figure that as of Wednesday morning will be onstage with the band each night, according to the group's Twitter feed.
Bassist Dave Hartley is the group's secret weapon, however. As keyboardist Robbie Bennett and Granduciel plied the crowd with spacey, feedback sounds during songs such as "Brothers" and "Best Night," it was Hartley who held down the bottom and provided inspired, funky fills that aided the band's sound. Closing with The Waterboys' "A Pagan Place," the Philly-based band offered a rarely tip of the cap to the English band that Granduciel described as "the best band nobody's heard of." Although "Slave Ambient," which was released last year drew the band widespread critical acclaim, you could make a legitimate argument for TWOD now holding that title as well.
Show closer Sharon Van Etten, pictured above, offered a much mellower, acoustic based set, which was highlighted by the wonderful melodies featuring Van Etten and keyboardist Heather Broderick sterling interplay. The songs "Magic Chords," and "Save Yourself" from her album's "Tramp" and "Epic" respectively showed why Van Etten's career is definitely in the ascendency. In the realm of "indie rock" - a music label that is used to describe far too many bands - it's not surprising that these two bands are grouped together, but in terms of their respective sounds, it's a bit of a shock, because the two acts have vastly different styles. Nonetheless, the co-headlining show worked as a whole and SLC should feel lucky the two bands paid a visit.


text:
For the culture section of our 2012 Best of the Beehive, we had an entire sidebar mapped out for locally-filmed Youtube videos, along with a few extra favorites for fake rivers in Utah. Since we couldn't fit them in the mag, we put them right here.
Fake Rivers (scroll down for the link to those that made it in the mag):
Lagoon-a-Beach Lazy River
Around and around and around you go on the precisely regulated, chemically cleaned current, in no danger from rapids, rocks, bears or anything but being bumped by another inner tube. Ahhh, nature. lagoonpark.com
The Gateway
Gateway's centerpiece, of course, is its computerized snowflake fountain, about as un-natural a water feature as there could be. But even at this monumental not-a-mall, there had to be a red rock-lined creek. Maybe to remind us of Utah's many non-shopping activities. shopthegateway.com
YouTube Titans
Heroic, entertaining and just plain weird videos from Utah's youtube.com stars gone viral
Utahns save motorcyclist from burning wreckage
Uploaded: Sept. 13, 2011 Views: Reposted all over Internet, but top hitters are in the 45,000 range. The gist: The Hulk has nothing on more than a dozen people who braved the flames to lift a car off of USU student Brandon Wright. Student Chris Graff caught the rescue footage from the top floor of the nearby Eccles Business Building.
MPH Math
Uploaded: Dec. 16, 2011 Views: more than 6,245,883 The gist: Sometimes numbers are just plumb hard—especially when you're speeding down the highway. Just ask Logan resident Chelsea Chambers, who was confounded when hubby Travis posed this question: "If you are traveling 80 mph, how long does it take to go 80 miles?" Chelsea's personal running speed, wheel rotations per hour and tire air density all factored into her reasoning, yet 80 miles was never achieved as an answer.
Slip Slidin' in Bountiful
Uploaded: Jan. 21, 2012 Views: more than 2,915,035 The gist: The moral—stay away from 400 North in Bountiful after a snowstorm. Local Rhee Braby captured nearly 30 cars smashing into curbs, front yards and each other in an icy, demolition-derby-style commute.
Jazz for Cows
Uploaded: Sept. 6, 2011 Views: more than 5,401,106 The gist: BYU professor Steve Call and his five-piece jazz band put on a show for a herd of cows in Autrans, France. Watch cows mosey from the pasture toward the tunes from the first note of When the Saints Go Marching In.
Sh*z Mormons Say
Uploaded: Jan. 14, 2012 Views: more than 438,571 The gist: Youtuber Stephen Jones gives a rundown of LDS-inspired versions of common phrases. Two of our favorites: "Son of a bishop" and "Holy Hannah Montana." Check out Jones' video promoting BYU's Harold B. Lee Library, too.
Lazy Jedi
Uploaded: Jan. 11, 2012 Views: more than 1,143,305 The gist: In this video, BYU students Mike Brown and Landon and Casey Sperry prove that being a Jedi doesn't necessarily mean you're a morning person. Jedi played by Dave Ackerman.
Click here to see what did make it in the mag for our Utah Culture section.


text:
Big Easy Cocktails
Photos by: Annabelle Breakey
Published by: 10 Speed Press
Website: amazon.com
A colorful collection of cocktail and snack recipes that capture the authentic flavors and spirit of New Orleans. * A portion of the books proceeds will be donated to support Hurricane Katrina relief efforts. * Includes 50 cocktail and 35 appetizer recipes plus 30 food and location photos. * Features recommended music selections to accompany each cocktail recipe and a list of New Orleansrelated books and movies.


text:
Harvey Weinstein
Queens, New York
"We have 65 BAFTAs, 75 Oscars, $2 billion in assets and hundreds of millions in profits. And, still, Michael Eisner won't renew my contract."
- Harvey Weinstein
Motion picture producer and studio chairman Harvey Weinstein cofounded Miramax Films with his brother Bob in the late 1970s to distribute independent movies that major studios deemed uncommercial. Miramax was purchased by Disney in 1993, and the brothers Weinstein eventually left the studio they founded to set up The Weinstein Company in 2005.
Harvey Weinstein BiographyHarvey Weinstein was born on March 19, 1952, in Flushing, Queens, New York. He entered the State University of New York at Buffalo in 1969, around the time he and friend Corky Burger started up Harvey & Corky Productions, a rock concert promotion company. By the mid '70s, he and younger brother Bob had acquired a run-down theater in Buffalo, where they presented rock bands as well as bizarre B-movies. The venture proved profitable enough for the Weinstein brothers to further indulge their passion for cinema, as they co-founded their own independent movie distribution and production company, Miramax Films, in 1979.
1980's Rockshow, Miramax's first release, was a concert film featuring highlights from Paul McCartney's 1976 American tour, while 1981's The Burning, a slasher flick set at a summer camp, was produced and coscripted by Harvey Weinstein. In addition to becoming Miramax's first commercial success, 1982's The Secret Policeman's Other Ball, a compilation of benefit performances held in London for Amnesty International, also helped raise the human rights organization's profile stateside.
harvey weinstein scores his first major hitIn 1988, Harvey Weinstein and Miramax landed their first major success with the release of The Thin Blue Line, a documentary that recounts the true story of a wrongfully convicted death row inmate. Publicity from the film helped win convict Randall Adams his release, and put Miramax on the map. By 1989, Harvey Weinstein's company had emerged as the most profitable independent studio in the U.S. thanks to releases such as Pedro Almodovar's Tie Me Up! Tie Me Down!, Oscar winners My Left Foot and Pelle the Conqueror, and Steven Soderbergh's sex, lies, and videotape, which grossed $25 million at the box office.
With an executive producer credit on films such as Madonna: Truth or Dare (1991) and The Crying Game (1992), Harvey Weinstein's stock in Hollywood was on the rise during the early 1990s. In 1993, he and his brother agreed to an offer of $70 million from the Walt Disney Company for ownership of their studio. The Weinsteins would continue to head Miramax for another dozen years, as their company's successes continued with releases such as Clerks, Il Postino, and Quentin Tarantino's Pulp Fiction, the studio's first bona fide blockbuster.


text:
"The latest self-help hit in the U.S." —Daily Mail UK
Push your business further with the Entrepreneur Edition. It's 36 unique suggestion cards (30 cards with 6 alternatives) designed to expand your comfort zone and your business.
Gather up courage and new business with Rejection Therapy. It's the revolutionary confidence building game – now for entrepreneurs!
How to Buy Rejection Therapy
For information on availability of Rejection Therapy, contact Jason Comely or sign up for the emailer.
Hypnotize yourself as you read for business and personal success with self hypnosis scripts and audio downloads.


text:
The lockers help Amazon customers avoid the hassle of missed deliveries. Online shoppers can opt to have packages sent to participating stores, and Amazon sends them an e-mail containing a pickup code. The company gives you a three day window to grab a package after it's delivered. Simply take your code to the store locker, enter it on the corresponding touchscreen, and pick up your purchase.
Staples did not provide further details about the service (including time table). Amazon has been operating lockers already at grocery, convenience, and drug stores. In its agreement with Staples, the online giant will pay a small fee to store owners that house the lockers.


text:
Can I give a person an allergic reaction at a very specific spot in a tissue? And if so, how accurate can i get?
Depends on the kind of allergic reactions you want to create. If your target tissue is skin epithelium sure you can.
That's actually the way the skin allergy test is all about: The physician tries a wide variety - last time I did it were 28 well known kinds - of substances in liquid form (drops). If an allergic reaction is caused, the physician takes note. Even very small quantities can cause allergic reactions.
These tests are usually made in a secured environment (physician's office, hospital, etc) at a very low level which most of the times, if result is positive will cause just an irritation. The level of irritation will be self-explanatory, so even a non trained patient can understand what is going on.
Not sure if that what you were asking though.
Best Regards,