text:
The NFL held its annual rookie symposium this week, where players were
brought in and reminded that big changes are coming in their lives.
Lots of information about how they're always in the spotlight, how
they should comport themselves, and now they're going to have money,
and people are going to try and take it from them.
If you have questions, just ask any one of a number of former players
who are broke. Or you could just ask JT. A couple of years ago, he
and a couple of other guys invested some money into an island. The
plan was to buy it and make it into a retreat or golf resort or
something. Only the "owner" was never able to come up with a deed for
the property, and the group had to sue to get their money back.
They won, and may see the money - if the guy has any left.
So here's a guy who's been in the league for a dozen years and he
invests a small (to him!) amount, and it apparently was a bad deal
with someone out to take his money.
Rookies beware.


text:
Broughton Lumber Co. v. BNSF Ry.Annotate this Case
Justia Opinion Summary
This case required the Supreme Court to construe the former RCW 64.12.030, the "timber trespass statute." Plaintiff Broughton Lumber Company asserted a timber trespass claim against defendants BNSF Railway Company and Harsco Corporation in the United States District Court, District of Oregon, Portland Division, after a fire spread from BNSF's property and destroyed Broughton's trees. The district court certified the question to the Washington Supreme Court. To answer, the Court outlined the 142 year history of the statute, and concluded after its review of the history, that: (1) a plaintiff cannot recover damages under the timber trespass statute when a defendant commits an indirect act or omission that causes mere collateral injury; but (2) a plaintiff may recover damages when a defendant commits a direct trespass causing immediate injury to a plaintiff's trees, even if the defendant is not physically present on the plaintiff's property.
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SUPREME COURT OF THE STATE OF WASHINGTON CERTIFICATION FROM THE UNITED STATES DISTRICT COURT, DISTRICT OF OREGON, PORTLAND DIVISION IN ) ) ) ) ) ) BROUGHTON LUMBER CO., ) a Washington corporation, ) ) Plaintiff, ) ) v. ) ) BNSF RAILWAY COMPANY ) and HARSCO CORPORATION, ) a Delaware corporation, ) ) Defendants. ) ______________________________ ) No. 85905-1 EN BANC Filed May 31, 2012 FAIRHURST, J. This case1 requires us to construe former RCW 64.12.030 (Code of 1881, § 602), the timber trespass statute. Birchler v. Castello Land Co., 133 Wn.2d 106, 114, 942 P.2d 968 (1997). Plaintiff Broughton Lumber Company 1 Broughton is a companion case to Jongeward v. BNSF Railway, No. 85781-4 (Wash. May 31, 2012). Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 asserted a timber trespass claim against defendants BNSF Railway Company and Harsco Corporation in the United States District Court, District of Oregon, Portland Division, after a fire spread from BNSF s property and destroyed Broughton s trees. The district court certified to us the following question: Can a plaintiff recover damages under [former] RCW 64.12.030 for trees damaged by a fire that spreads from a defendant s neighboring parcel, where the alleged acts or omissions of the defendant were not directed at plaintiff s trees or property, and did not occur on plaintiff s property?[2] Certification to Wash. State Supreme Ct. (Certification) at 2-3. I. FACTUAL HISTORY The parties stipulated3 to the following facts that constitute the record under RCW 2.60.010(4): This is a civil case brought by plaintiff against defendants. On September 20, 2007, a fire broke out along a railroad right-ofway following rail grinding operations jointly conducted by defendants on BNSF tracks near Underwood, Washington. Plaintiff owns 260 acres of property adjoining the railroad right-of-way. The fire spread to plaintiff s property and destroyed trees on the property. No employee or agent of either defendant was physically present on plaintiff s property at any time relevant to the start or spread of the fire or the damage to plaintiff s trees. Defendants have admitted that they were negligent in failing to prevent the spread of the fire from the right-ofway to plaintiff s property. 2 We have reformulated the question. See Broad v. Mannesmann Anlagenbau AG, 196 F.3d 1075, 1076 (9th Cir. 1999). 3 Broughton moved to supplement the record, but its motion was denied. See Letter Order Den. Appellant s Mot. to Suppl. R. 2 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 Certification at 2. II. PROCEDURAL HISTORY Broughton sued BNSF and Harsco for real and personal property damage in federal district court. Among other claims, Broughton asserted a timber trespass claim for treble damages. The district court granted partial summary judgment dismissing Broughton s treble damages claim. Broughton Lumber Co. v. BNSF Ry., No. 09-1110-KI, 2010 WL 4670479 (D. Or. Nov. 9, 2010). After the United States District Court for the Eastern District of Washington certified to us similar questions in Jongeward v. BNSF Railway Company, No. 85781-4, the United States District Court, District of Oregon, Portland Division, submitted its certified question. III. ANALYSIS Certified questions from federal court are questions of law that we review de novo. Bradburn v. N. Cent. Reg l Library Dist., 168 Wn.2d 789, 799, 231 P.3d 166 (2010). We consider the legal issues not in the abstract but based on the certified record provided by the federal court. Id. (citing RCW 2.60.030(2)). The meaning of a statute is a question of law we review de novo. State v. Breazeale, 144 Wn.2d 829, 837, 31 P.3d 1155 (2001). In interpreting a statute, our fundamental objective is to ascertain and carry out the legislature s intent. Dep t of 3 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 Ecology v. Campbell & Gwinn, LLC, 146 Wn.2d 1, 9, 43 P.3d 4 (2002). The territorial legislature enacted the timber trespass statute in 1869 to (1) punish a voluntary offender, (2) provide treble damages, and (3) discourage persons from carelessly or intentionally removing another s merchantable shrubs or trees on the gamble that the enterprise will be profitable if actual damages only are incurred. Laws of Wash. Terr. 1869, ch. XLVIII, § 556, at 143; Guay v. Wash. Natural Gas Co., 62 Wn.2d 473, 476, 383 P.2d 296 (1963). The statute contains two relevant sections. Former RCW 64.12.030 provides, Whenever any person shall cut down, girdle or otherwise injure, or carry off any tree, timber or shrub on the land of another person, . . . without lawful authority, in an action by such person, . . . against the persons committing such trespasses, the prevailing plaintiff is entitled to treble damages.4 RCW 64.12.040 provides, If upon trial of such action it shall appear that the trespass was casual or involuntary, or that the defendant had probable cause to believe that the land on which such trespass was committed was 4 This is the text of former RCW 64.12.030 as it existed at the time of the fire. It reads in its entirety: Whenever any person shall cut down, girdle or otherwise injure, or carry off any tree, timber or shrub on the land of another person, or on the street or highway in front of any person s house, village, town or city lot, or cultivated grounds, or on the commons or public grounds of any village, town or city, or on the street or highway in front thereof, without lawful authority, in an action by such person, village, town or city against the persons committing such trespasses or any of them, if judgment be given for the plaintiff, it shall be given for treble the amount of damages claimed or assessed therefor, as the case may be. 4 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 his or her own, . . . judgment shall only be given for single damages. In 1877, the territorial legislature reenacted both former RCW 64.12.030 and RCW 64.12.040, retaining the original language, and the timber trespass statute became the law of Washington at statehood. See Laws of Wash. Terr. 1877, ch. XLVIII, §§ 607-08, at 125. The text remained unchanged until 2009, when the legislature amended former RCW 64.12.030 to clarify that treble damages are available for the unlawful cutting of Christmas trees.5 Laws of 2009, ch. 349, § 4. Because former RCW 64.12.030 and RCW 64.12.040 relate to the same subject matter, they must be construed together. Hallauer v. Spectrum Props., Inc., 143 Wn.2d 126, 146, 18 P.3d 540 (2001). Former RCW 64.12.030 creates liability and imposes mandatory treble damages when a defendant cuts down, girdles or otherwise injures, or carries off a plaintiff s trees. RCW 64.12.040 serves as a mitigation provision. See, e.g., Smith v. Shiflett, 66 Wn.2d 462, 463, 403 P.2d 364 (1965) ( This is another case of trespassing loggers cutting timber and seeking to avoid the statutory treble damages by urging that they did not know they were 5 The current version of RCW 64.12.030 reads: Whenever any person shall cut down, girdle, or otherwise injure, or carry off any tree, including a Christmas tree as defined in RCW 76.48.020, timber, or shrub on the land of another person, or on the street or highway in front of any person's house, city or town lot, or cultivated grounds, or on the commons or public grounds of any city or town, or on the street or highway in front thereof, without lawful authority, in an action by the person, city, or town against the person committing the trespasses or any of them, any judgment for the plaintiff shall be for treble the amount of damages claimed or assessed. (Reviser s note omitted.) 5 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 trespassing. (Footnote omitted.)). Once a trespass is established [under former RCW 64.12.030], the burden shifts to the defendant to show it was not willful or reckless, but rather was casual or involuntary, or done with probable cause to believe the land was his own. Hill v. Cox, 110 Wn. App. 394, 406, 41 P.3d 495 (2002) (citing Seattle-First Nat l Bank v. Brommers, 89 Wn.2d 190, 197-98, 570 P.2d 1035 (1977)). Under the above sections, a recovery, whether of treble damages under the former, or single damages under the latter, can be had only for a trespass committed. Tacoma Mill Co. v. Perry, 40 Wash. 44, 47, 82 P. 140 (1905). In other words, to obtain damages under either former RCW 64.12.030 or RCW 64.12.040, a plaintiff must first establish that a defendant s conduct constitutes timber trespass. That is the first issue before us whether the defendants failure to prevent a fire from spreading constitutes timber trespass as contemplated by the statute. The second issue is whether the statute applies when a defendant has not physically trespassed onto a plaintiff s land. To resolve these issues, we look to the plain meaning of the statute, canons of construction, and Washington case law. A. Plain Meaning Analysis If a statute s meaning is plain on its face, we must give effect to that plain meaning as an expression of legislative intent. Campbell & Gwinn, 146 Wn.2d at 9- 6 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 10. The plain meaning is discerned from all that the Legislature has said in the statute. Id. at 11. Plain meaning may also be discerned from related statutes which disclose legislative intent about the provision in question. Id. An examination of related statutes aids our plain meaning analysis because legislators enact legislation in light of existing statutes. Id. (quoting 2A Norman J. Singer, Statutes and Statutory Construction § 48A:16, at 809-10 (6th ed. 2000)). 1. Statutory text As noted above, former RCW 64.12.030 applies when a defendant shall girdle or otherwise injure a plaintiff s trees. Broughton contends that nothing in the plain language of the statute requires direct action, and we should not imply a requirement where none exists. According to Broughton, the phrase otherwise injure clearly functions as a catchall, third category of harm that makes a person potentially liable for treble damages whenever he or she unlawfully injures trees. But Broughton s plain meaning analysis begins and ends with the phrase otherwise injure. When read in isolation, the phrase otherwise injure could conceivably be read to encompass a defendant s failure to prevent a fire from spreading. This reading is too limited, however, because a statute s plain meaning must be discerned from all that the Legislature has said in the statute, not just two words. Campbell & Gwinn, 146 Wn.2d at 11 (emphasis added). 7 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 The legislature used the term trespass/trespasses three times to describe the conduct that triggers statutory liability. A proper plain meaning analysis therefore begins with the term trespass. Our analysis of the term is informed by the common law. See Suter v. Wenatchee Water Power Co., 35 Wash. 1, 6, 76 P. 298 (1904) ( [I]t is plain that we are bound to consult the common law, and the classification of common-law actions, for the proper determination as to what the law-making power of this state had in mind when using the [term] trespass. (quoting Hicks v. Drew, 117 Cal. 305, 308, 49 P. 189 (1897))). A subsequent change in the common law does not impact our statutory analysis. See Spokane Methodist Homes, Inc. v. Dep t of Labor & Indus., 81 Wn.2d 283, 287, 501 P.2d 589 (1972) (Just because the court makes a change in the common law, [a] statute which was enacted with the existing rule of common law in mind, is [not] automatically amended to conform to the new rule adopted by the court. ). We therefore do not consider the modern view of trespass, but the historical view. See Bloomer v. Todd, 3 Wash. Terr. 599, 615, 19 P. 135 (1888) ( The ordinary use of words at the time when used, and the meaning adopted at that time, is usually the best guide for ascertaining legislative intent. ). When the timber trespass statute was enacted, trespass6 was classified into 6 The writ of trespass was the original writ most commonly resorted to as a precedent. 1 Judge Bouvier s Law Dictionary 243 (12th ed. 1867). It originally supposed a wrong to be done with force. VI The Law-Dictionary 288 (1811). But in process of time, trespass was 8 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 two sorts: 7 trespass on the case and trespass vi et armis. VI The Law-Dictionary 288 (1811). Trespass on the case was an act that was not immediately injurious or a culpable omission. See, e.g., Stenberg v. Pac. Power & Light Co., 104 Wn.2d 710, 715, 709 P.2d 793 (1985). The plaintiff s resulting injury was indirect consequential or collateral. Id. at 716. Trespass vi et armis, most often referred to as simply trespass, was [a]ny unlawful act committed with violence, actual or implied, to the person, property, or rights of another. 2 Judge Bouvier s Law Dictionary 608 (12th ed. 1867). Trespass was also described as a direct trespass an act done which is in itself an immediate injury to another s person or property. Welch v. Seattle & Mont. Ry., 56 Wash. 97, 99, 105 P. 166 (1909) (quoting 3 Blackstone Commentaries 123 (Lewis ed. 1902)). The plaintiff s resulting injury was immediate, and not consequential. Suter, 35 Wash. at 7 (quoting Roundtree v. Brantley, 34 Ala. 544, 554 (1859)). Because case and trespass actions triggered different statutes of limitations,8 extended as to include every species of wrong causing an injury . . . apparently for the purpose of enabling an action on the case to be brought in the King s Bench. 1 Bouvier s, supra, at 243. Trespass was then used to signify [a]ny misfeasance or act of one man whereby another is injuriously treated or damnified. 2 Bouvier s, supra, at 608. 7 There were only two sorts, but there were many forms. For example, trespass against realty, or trespass quare clausum fregit, was used to recover damages for injuries to the realty consequent upon entry without right upon the plaintiff s land. 2 Bouvier s, supra, at 610. Such trespass was done by breaking the close. Id. at 609. But this type of limited trespass was clearly not intended here because the legislature used the phrase such trespasses to refer to the verbs cut down, girdle or otherwise injure, or carry off. Former RCW 64.12.030. 8 Trespass vi et armis triggered the three-year statute of limitations, while trespass on the case triggered the two-year catchall statute of limitations. Stenberg, 104 Wn.2d at 715. For 9 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 the direct/indirect distinction was often litigated. See, e.g., id. ( It is argued that trespass is a comprehensive term, which includes trespass on the case; and that this cause of action is a trespass on the case to real or personal property, which is embraced in the section under the term trespass. (quoting Roundtree, 34 Ala. at 554). Over time, trespass on the case lost the peculiar character of a technical trespass. 1 Bouvier s, supra, at 243. [T]he name was to a great extent dropped, and actions of this character came to be known as actions on the case. Id. Applying these principles here, the territorial legislature might conceivably have used the term trespass to mean any misfeasance that results in injury to a plaintiff s trees. But based on the common understanding of the term trespass in 1869, it seems more likely that the legislature used the term trespass to mean direct acts causing immediate injuries, not culpable omissions causing collateral damage. See 2 Bouvier s, supra, at 609 (The term trespass was used oftener in a restricted signification.); see also Rayonier, Inc. v. Polson, 400 F.2d 909, 918 n.11 (9th Cir. 1968) (The legislature clearly had particular evils in mind when it enacted the treble damage statute. ).9 example, the defendant in Suter owned and operated an irrigation canal near the plaintiffs property in Chelan County. Waters overflowed the canal and washed over the plaintiffs land, cutting deep and wide ditches. Because the plaintiffs did not file their complaint until after the two-year statute of limitations had run, the issue was whether the defendant was potentially liable in trespass on the case. We applied the two-year statute of limitations, holding that the damage was consequential and no trespass. We later eliminated the direct/indirect distinction in Stenberg to return to the original understanding of the statutes of limitations. 104 Wn.2d at 721. 10 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 The legislature s use of verbs also suggests that the statute applies to direct acts that cause immediate, not consequential, injury. Cut means to make a gash, incision, or notch in any body by an edged instrument, either by striking, as with an ax, or by sawing or rubbing. 1 An American Dictionary of the English Language 295 (1853). Girdle means to make a circular incision, like a belt, through the bark and alburnum of a tree, to kill it. Id. at 503. Carry off means to remove to a distance. Id. at 177. Because these verbs describe direct acts, which formerly would have been characterized as trespass vi et armis, we cannot conclude that the legislature intended the statute to penalize indirect acts or omissions, particularly in light of the treble damages provision. 2. The fire act Because a statute s plain meaning may also be determined from related 9 We also note that the timber trespass sounds in tort and trespass is an intentional tort. Birchler, 133 Wn.2d at 115 (citing Tacoma Mill, 40 Wash. at 47). Contrary to the dissent s argument, the legislature s use of the phrase casual and involuntary does not transform an action for trespass into an action for negligence. RCW 64.12.040. An act is involuntary when it is performed with constraint (q.v.), or with repugnance, or without the will to do it. An action is involuntary, then, which is performed under duress. 1 Bouvier s, supra, at 747. An involuntary trespass is not negligence; it is still a trespass. Hawley v. Sharley, 40 Wn.2d 47, 50, 240 P.2d 557 (1952). An act is casual when it happens accidentally, or is brought about by causes unknown; fortuitous; the result of chance. Black s Law Dictionary 178 (1891). An accidental trespass is also not negligence; it is still a trespass. Rogers v. Kangley Timber Co., 74 Wash. 48, 54, 132 P. 731 (1913). And an [a]ccident may in some cases excuse a trespass. 2 Bouvier s, supra, at 609. This appears to be the intent of the legislature; by creating RCW 64.12.040 as a mitigation provision, it permitted defendants to argue that their trespasses were involuntary, accidental, or accomplished under a mistaken belief of ownership. 1 [W]hen an entire separation of the body is intended, it is usually followed by . . . down . . . or other word denoting such severance. An American Dictionary of the English Language 295 (1853). 11 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 statutes, BNSF and Harsco contend that the fire act, RCW 4.24.040-.060, is relevant to our analysis. According to the defendants, the fire act shows legislative intent that the timber trespass statute does not apply in this case. The fire act was originally enacted in 1877 and is now codified as RCW 4.24.040-.060. It creates a cause of action on the case against a defendant who permits a fire to spread and damage a plaintiff s property. Laws of Wash. Terr. 1877, § 3, at 300; Code of 1881, § 1226; Rem. Rev. Stat. § 5647. The fire act applies when a defendant for any lawful purpose kindle[s] a fire upon his or her own land but fails to take such care of it to prevent it from spreading and doing damage to other persons property. RCW 4.24.040. The fire act also expressly preserves [t]he common law right to an action for damages done by fires. RCW 4.24.060. Both the statutory claim under RCW 4.24.040 (for fires kindled for any lawful purpose ) and the common law claim preserved by RCW 4.24.060 (for damages done by fires ) allow only the recovery of single compensatory damages. But the fire act is only marginally helpful to our analysis. The territorial legislature could not have enacted the timber trespass statute in light of the fire act because the timber trespass statute predates the fire act. Further, the fire act does not apply in this case.11 However, in a broad sense, the fire act does demonstrate the 11 See Jordan v. Welch, 61 Wash. 569, 112 P. 656 (1911). The Jordan defendant, a railway company, negligently permitted its engine to ignite a fire that spread and damaged the plaintiff s property. Id. at 570. The action was not within the terms of the fire act because the 12 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 legislature s intent to impose liability for only single compensatory damages when property is destroyed by fire. See, e.g., N. Bend Lumber Co. v. Chi., M. & P.S. Ry., 76 Wash. 232, 234, 135 P. 1017 (1913) (jury properly instructed as to fire act after a fire intentionally started on a railroad company s right of way, spread to plaintiff s property, and destroyed plaintiff s timber); Burnett v. Newcomb, 126 Wash. 192, 217 P. 1017 (1923) (fire act imposes liability where defendant starts a fire to destroy weeds on his property but negligently allows fire to spread and damage plaintiff s merchantable timber). It also demonstrates that the legislature intended fire damage to be recoverable through an action on the case, rather than through a direct trespass action.12 It also demonstrates that Broughton may sue the defendants under the common law. The plain meaning of the timber trespass statute cannot be dispositively determined from the text of the statute or the fire act. The phrase otherwise injure could conceivably be read to encompass the defendant s failure to prevent the spread of a fire. But the legislature s use of the word trespass, as understood at the time, strongly suggests that the legislature intended to punish only direct trespasses causing immediate injury, not culpable omissions causing collateral defendant did not purposely kindle the fire. Id. at 573. 12 The legislature s decision to include the case language in the fire act does not demonstrate that the legislature purposely omitted the case language from the timber trespass statute. However, it does suggest that the legislature was aware of the direct/indirect distinction in the common law and knew how to use it to create statutory liability. 13 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 damage. And while the fire act suggests that the legislature intended to impose only single compensatory damages when property is damaged by fire, the fire act does not conclusively preclude application of the timber trespass statute to negligently set fires. B. Interpretative Aids If a statute remains ambiguous after a plain meaning analysis, it is appropriate to resort to interpretive aids, including canons of construction and case law. Campbell & Gwinn, 146 Wn.2d at 12. 1. Canons of construction The timber trespass statute is penal in its nature, not merely remedial. As such it should be strictly construed. Bailey v. Hayden, 65 Wash. 57, 61, 117 P. 720 (1911); accord Birchler, 133 Wn.2d at 110; Grays Harbor County v. Bay City Lumber Co., 47 Wn.2d 879, 886, 289 P.2d 975 (1955); Gardner v. Lovegren, 27 Wash. 356, 362, 67 P. 615 (1902). Broughton concedes that our decisions require the statute to be strictly construed, but argues that the rule of strict construction applies only to the imposition of a higher measure of damages and not to the circumstances that give rise to liability. Broughton then cites Go2Net, Inc. v. FreeYellow.com, Inc., 158 Wn.2d 247, 143 P.3d 590 (2006), for the proposition that remedial statutes must be liberally construed. 14 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 Broughton s argument fails. We have repeatedly held that the timber trespass statute is penal in nature and subject to strict construction. See, e.g., Skamania Boom Co. v. Youmans, 64 Wash. 94, 96-97, 116 P. 645 (1911); accord Birchler, 133 Wn.2d at 110; Gardner, 27 Wash. at 356. Our cases do not support Broughton s attempt to divide the statute into a penal portion and a remedial portion. See, e.g. Gardner, 27 Wash. at 362 ( Being, then, of a penal nature, it must be construed as other penal statutes are construed, viz., the intent to commit the trespass must appear. ). And because Go2Net interpreted Washington s Securities Act, chapter 21.20 RCW, not the timber trespass statute, it does not apply. Further, because a plaintiff must bring a timber trespass claim under former RCW 64.12.030, the statute subjects every defendant to potential treble damages. See, e.g., Shiflett, 66 Wn.2d at 464-65 ( It is clear that treble damages will be imposed . . . under RCW 64.12.030, unless those trespassing exculpate themselves under . . . RCW 64.12.040. ). As noted above, the burden is on the defendant to show mitigating circumstances. See, e.g., Cox, 110 Wn. App. at 406 ( Defendant Cox has failed to bring himself within the mitigation provision of the state timber trespass statute, RCW 64.12.040. (quoting Clerk s Papers at 692)). Because a plaintiff may not bring an action directly under RCW 64.12.040, the statute cannot reasonably be divided into a penal portion and a remedial portion. We therefore hold 15 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 that the entire timber trespass statute is subject to strict construction, as we have in the past. And under a strict construction, BNSF and Harsco should not be subject to the severe penalty of treble damages without clear evidence that they violated the statute. Next, a court must not interpret a statute in any way that renders any portion meaningless or superfluous. Svendsen v. Stock, 143 Wn.2d 546, 555, 23 P.3d 455 (2001). Broughton contends that a construction that excludes fire-damaged timber would interpret[] the meaning out of the term otherwise injures [sic] and its intended breadth. Pl. s Reply Br. on Certified Question at 14. But the phrase otherwise injure has a separate meaning if it encompasses acts that are similar to cutting, girdling, or carrying off another s trees, such as spiking, poisoning, or drilling. A narrow interpretation does not violate this canon of construction, but a broad interpretation would break the rule. If the phrase otherwise injure were a catchall category of harm, encompassing every conceivable act or omission that collaterally injures trees, the terms cut down, girdle, and carry off would have no separate meaning and would be rendered superfluous. Finally, we avoid interpretations that yield unlikely, absurd or strained consequences. Kilian v. Atkinson, 147 Wn.2d 16, 21, 50 P.3d 638 (2002). Broughton correctly claims it would be absurd if the statute did not punish a 16 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 defendant, who, inches from their [sic] property line, shoots fireworks into a neighboring tree farm intending to start a fire. 13 Pl. s Opening Br. on Certified Question at 29. Statutory violations involve trespass to a tree, not trespass to the land on which the tree grows. It would be absurd to allow a trespasser to escape the statute s reach, simply because he or she was not physically located on a plaintiff s property. And because, as noted above, the legislature intended the statute to punish a voluntary offender, it would also violate the clear purpose of the statute. Guay , 62 Wn.2d at 476. Because the statute focuses on conduct, not location, the statute was certainly intended to apply to Broughton s hypothetical defendant, as well as to a defendant who stands on her own property and sprays herbicide on her neighbor s hydrangeas. 2. Case law If a statute remains ambiguous after a plain meaning analysis, it is also appropriate to refer to relevant case law. Campbell & Gwinn, 146 Wn.2d at 12. Broughton notes that Washington case law has abandoned the distinction between direct and indirect trespass. Based in part on this change, Broughton 13 In a related argument, Broughton also points to the physical entry requirement in the waste statute, RCW 4.24.630, to contend that the legislature did not intend to include a physical entry requirement in the timber trespass statute. However, this line of reasoning is unpersuasive. Although the legislature is deemed to intend a different meaning when it uses different words, this principle applies only to different terms in the same statute. State v. Roggenkamp, 153 Wn.2d 614, 625, 106 P.3d 196 (2005). 17 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 contends that the timber trespass statute should expand to comport with the modern view of trespass. To support this claim, Broughton first cites Birchler, 133 Wn.2d at 106, a case recognizing emotional distress damages for timber trespass. Broughton also cites to cases not involving the timber trespass statute: Zimmer v. Stephenson, 66 Wn.2d 477, 403 P.2d 343 (1965) (spark from defendant s tractor burned neighbor s wheat crop); Bradley v. Am. Smelting & Ref. Co., 104 Wn.2d 677, 709 P.2d 782 (1985) (smelter s pollutants trespassed on neighbor s property). Broughton s argument again fails. While we noted in Birchler that recovery of emotional distress damages in cases of intentional torts is consistent with the modern rule, we did not expand the scope of the statute to conform to the modern rule. 133 Wn.2d at 116. Instead, we cited cases from as far back as 1906 to demonstrate that emotional distress damages have always been available upon proof of an intentional tort. Id. at n.4 (citing McClure v. Campbell, 42 Wash. 252, 84 P. 825 (1906) (emotional distress damages available from wrongful eviction)). And as noted above, [a] statute which was enacted with the existing rule of common law in mind is [not] automatically amended to conform to the new rule adopted by the court. Spokane Methodist Homes, 81 Wn.2d at 287. The timber trespass statute does not supply a common law remedy but imposes potential punitive damages for specifically delineated acts. We therefore decline to import the holdings from our 18 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 common law trespass cases into Broughton s statutory claim. We instead look to our cases specifically construing the timber trespass statute. And in each of our cases construing the statute over the last 142 years, the defendant entered the plaintiff s property and committed a direct trespass against the plaintiff s timber, trees, or shrubs, causing immediate, not collateral, injury. Examples include: Birchler, 133 Wn.2d at 106, where the defendant encroached on plaintiffs properties and removed trees and shrubbery; Guay, 62 Wn.2d at 473, where the defendants cut a swath on plaintiff s property, destroyed trees, brush, and shrubs, and denuded the strip; Mullally v. Parks, 29 Wn.2d 899, 190 P.2d 107 (1948), where the defendants entered a disputed area and destroyed trees; Luedinghaus v. Pederson, 100 Wash. 580, 171 P. 530 (1918), where the defendant trespassed upon plaintiff s land and removed standing timber; Gardner, 27 Wash. 356, where the defendants entered plaintiff s land, cut down and converted into shingle bolts and removed plaintiff s cedar trees; and Maier v. Giske, 154 Wn. App. 6, 21, 223 P.3d 1265 (2010), where the defendant entered a disputed area and destroyed trees and plants. These cases strongly suggest that the timber trespass statute does not apply when a defendant fails to prevent the spread of a fire. Further, Division Three of the Court of Appeals considered an analogous case and held that the plaintiffs could not bring a timber trespass claim for tree damage 19 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 due to fungus because the statute did not contemplate an award of damages for canal seepage. Seal v. Naches-Selah Irrigation Dist., 51 Wn. App. 1, 751 P.2d 873 (1988). In so holding, the court rejected the plaintiffs claim that there was no distinction between trees damaged by the trespass of an individual with a chain saw, or by the trespass of a thing under a person s control. Id. at 4. The court refused to accept the plaintiff s argument that the girdling of a tree by a fungus was as much a trespass as the girdling of a tree by a human hand. Id. Although Broughton attempts to distinguish Seal, the reasoning in Seal provides persuasive authority that the statute is not implicated here. In sum, our canons suggest that the legislature used the phrase otherwise injure to describe direct trespasses that are comparable to cutting down, girdling, and carrying off, and intended the statute to apply in the absence of physical trespass to a plaintiff s land. Our cases demonstrate that the statute applies only when a defendant commits a direct trespass causing immediate injury to a plaintiff s trees, timber, or shrubs. Based on our canons and cases, we make two conclusions: (1) a plaintiff cannot recover damages under the timber trespass statute when a defendant commits an indirect act or omission that causes mere collateral injury, but (2) a plaintiff may recover damages when a defendant commits a direct trespass causing immediate injury to a plaintiff s trees, even if the defendant is not physically 20 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 present on the plaintiff s property. 21 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 D. Persuasive Authority We generally do not rely on cases from other jurisdictions to interpret our own statutes, but when it is helpful to us, we do. Meyer v. Burger King Corp., 144 Wn.2d 160, 166-67, 26 P.3d 925 (2001). Both Broughton and the defendants cite persuasive authority to support their arguments. Although these cases provide only limited value, we address them in turn.14 1. Similar statutes Courts interpreting identical or similar statutes reject punitive damages for fires spreading from defendants lands. For example, in Osborne v. Hurst, 947 P.2d 1356, 1361 (Alaska 1997), the Supreme Court of Alaska found that its nearly identical timber trespass statute did not apply where the defendant set a grass fire that spread out of control and destroyed the plaintiff s trees because the defendant did not act with intent. Id. In Jordan v. Stevens Forestry Services, Inc., 430 So. 2d 806 (La. Ct. App. 1983), the Court of Appeals of Louisiana found that a defendant, who had lost control of a deliberately set burn on his own property, was not liable 14 Persuasive authority is not very helpful to us in this case. This is true not only because most of the cited cases construe much broader statutes, but also because Washington, unlike other states, employs a very restrictive approach to punitive damages. Unlike Alaska, Louisiana, California, Oregon, and Idaho, Washington prohibits the recovery of punitive damages as a violation of public policy unless expressly authorized by statute. Barr v. Interbay Citizens Bank of Tampa, Fla., 96 Wn.2d 692, 635 P.2d 441, 649 P.2d 827 (1982). Our interpretative approach should account for this philosophical difference. 22 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 for treble damages because he did not engage in any willful or intentional acts . . . which resulted in the destruction of [the plaintiff s] trees. Id. at 809. But because we are concerned with the defendants conduct and location, not the defendants intent, these cases are of little help to us. 2. Broader statutes Courts interpreting broader statues have held that a plaintiff may recover damages when a defendant destroys the plaintiff s trees by fire. For example, in Kelly v. CB&I Constructors, Inc., 179 Cal. App. 4th 442, 102 Cal. Rptr. 3d 32 (2009), the California Court of Appeals held that fire damage constitutes injury to trees. In Worman v. Columbia County, 223 Or. App. 223, 195 P.3d 414 (2008), the Court of Appeals of Oregon recognized that the spraying of herbicides on trees and shrubs is a deliberate trespass such as involved in cutting standing timber. Id. at 238 (internal quotation marks omitted) (quoting Meyer v. Harvey Aluminum, 263 Or. 487, 497, 501 P.2d 795 (1972)). And in Mock v. Potlach Corp., 786 F. Supp. 1545, 1549 (D. Idaho 1992) (quoting Idaho Code § 6-202-A (1990)), the United States District Court held that the Idaho timber trespass statute defines entry to include going upon or over real property, either in person, or by causing any object, substance or force to go upon real property. But the statutes construed in these cases are substantially different from the 23 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 language of former RCW 64.12.030. California s statute provides a broad remedy [f]or wrongful injuries to timber, trees, or underwood upon the land of another, or removal thereof. Cal. Civ. Code § 3346(a). Oregon s statute contains a separate clause imposing liability for willfully injuring trees. Or. Rev. Stat. Ann. § 105.810(1). And Idaho s statute expressly requires entry and includes a legislative definition of the word enter. See Idaho Code Ann. § 6 202A. Because we need not adopt the construction placed on a similar statute in another state if the language of the statute . . . is substantially different from the language of our own, we do not adopt the construction of these statutes. Everett Concrete Prods., Inc. v. Dep t of Labor & Indus., 109 Wn.2d 819, 826, 748 P.2d 1112 (1988). IV. CONCLUSION When the timber trespass statute was enacted, the term trespass had a well ascertained and fixed meaning. Suter, 35 Wash. at 7 (quoting Roundtree, 34 Ala. at 554). It did not refer to indirect acts or culpable omissions causing collateral damage, but only to direct acts causing immediate injuries. Id. ( It would be a perversion of language to denominate an act, which produced a consequential injury to real or personal property, a trespass. It would be a perversion alike of the legal and common acceptation of the words. (quoting Roundtree, 34 Ala. at 554)). It 24 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 therefore seems likely that the territorial legislature intended the term trespass to carry this restrictive meaning in the timber trespass statute. Further, our canons and case law strongly suggest that the legislature intended the timber trespass statute to apply only when a defendant commits a direct trespass that immediately injures a plaintiff s trees. We therefore hold that a plaintiff cannot recover damages under former RCW 64.12.030 and RCW 64.12.040 for trees damaged by a fire that spreads from a defendant s neighboring parcel, where the alleged acts or omissions of the defendant caused only collateral injury. We further hold that a plaintiff may recover from a defendant who commits a direct trespass that causes immediate, not collateral, injury to a plaintiff s tree, timber, or shrub, even if the defendant has never been physically on the plaintiff s property. Accordingly, we answer no to the certified question. AUTHOR: Justice Mary E. Fairhurst WE CONCUR: Chief Justice Barbara A. Madsen Justice James M. Johnson Justice Charles W. Johnson Gerry L. Alexander, Justice Pro Tem. 25 Broughton Lumber Co. v. BNSF Ry. & Harsco Corp., No. 85905-1 Justice Susan Owens 26

subset: commoncrawl


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When most people think of Green Bay, Wisconsin, they think of the Green Bay Packers.
And for good reason, the 13-time World Champions are the centerpiece of a great city and a great part of the country.
If a visit to Green Bay is on your radar (and it should be), you need to download the Greater Green Bay Convention and Visitors Bureau App onto your iPhone, iPad or Android device ahead of time to plan your trip and get the most out of your excursion to "Title Town" and the surrounding areas.
The Green Bay Packers
What started when Curly Lambeau and George Calhoun called a bunch of athletes together on August 11, 1919, and formed football team has become a way of life, an industry and the backbone of the entire community of Green Bay.
What Else is Going On
The Greater Green Bay Convention and Visitors Bureau App gives you updated information on events and happenings in the Green Bay area. A calendar lets you look at the events, by month, right into 2015.
There is more going on in Green Bay than the Packers. There are art galleries, fishing, gaming, golf and museums. The Green Bay app will give you the contact information and a detailed run down on what to expect. A nice bonus, the app will take you right to Google Maps to show you how to get to a particular attraction.
Contact Numbers
The Greater Green Bay Convention and Visitors Bureau app provides contact information where you can call, email and find out more information about the Bureau.
Social Media
Users can also find out which social media platforms the Bureau is active on right in the app.
As the app says in it's teaser, "Greater Green Bay has it all!"
I have to say they are right and this app also has it all.
Download the app in the iOS app store or here:
Download the Android version of the Green Bay CVB app in the Google Play store or here:


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The Necromancer's Apprentice by R.M. Prioleau
Jasmine Na'Darod lived a simple life with her parents and older sister on the family's farm. She never strayed far from home until the ill-fated Blood Moon arose, basking the country of Caristan with a terrible, sickening drought. When her mother falls ill, Jasmine and her family are forced to leave home in desperate search of a cure. During their journey, a series of tragic events will change Jasmine's life forever. With her former life shrouded and forgotten, Jasmine embraces a new path granted by an unlikely stranger, who, ironically, practices the Art of death and undeath. As Jasmine is drawn to this enigma of a man, she soon realizes there is more to him than what she initially perceived — his true motives are beyond anything she could ever imagine… Deeply compelling and morbidly intriguing, The Necromancer's Apprentice is a beautifully-narrated gothic fantasy with memorable characters.
About the Author:
R.M. Prioleau is a game developer and artist by day; and a dangerous writer by night. Since childhood, she's continued exploring new methods of expanding her skills and creativity as she delves into the realm of literary abandon. R.M. can often be seen lurking about many great writing communities like NaNoWriMo. R.M.'s debut novella, "The Necromancer's Apprentice," achieved first place in Published Novella in the 2013 Royal Palm Literary Awards.
Book page
R.M. Prioleau's Website
R.M. Prioleau on Facebook
R.M. Prioleau on Twitter
R.M. Prioleau's Newsletter Sign-up


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[SMH | Text-only index]
Date: February 06 2013
The end is near for the shoe, wheelbarrow or iron in the classic Monopoly game as fans vote in a contest to determine which token to eliminate and which piece to replace it with.
The eight tokens identify the players and have changed quite a lot since Parker Brothers bought the game from its original designer in 1935. The latest changes mark the first time that fans have had a say on which piece to add and which one to toss.
The voting on Facebook was scheduled to close just before midnight US time on Tuesday. Pawtucket-based toy maker Hasbro Inc will announce the new piece on Wednesday morning.
So far, the wheelbarrow, shoe and iron are neck and neck for elimination through the Save Your Token Campaign. The new addition will be a robot, diamond ring, cat, helicopter or guitar.
Fans from more than 120 countries have voted.
The online contest to change the tokens was sparked by chatter on Facebook, where Monopoly has more than 10 million fans.
Monopoly's iconic tokens originated when the niece of game creator Charles Darrow suggested using charms from a charm bracelet for tokens. The real-estate trading game is based on the streets of Atlantic City, New Jersey, and has sold more than 275 million games worldwide.
The eight tokens are an iron, race car, Scottie dog, a shoe, thimble, top hat, wheelbarrow and battleship. Most of the pieces were introduced with the first Parker Brothers iteration of the game in 1935, and the Scottie dog and wheelbarrow were added in the early 1950s.
Versions of Monopoly with the new token will come out later this year.
This material is subject to copyright and any unauthorised use, copying or mirroring is prohibited.
[ SMH | Text-only index]


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The Body Shop Chocomania Shower, Scrub & Moisture Set
Wait, is this for Christmas or Valentine's Day? Either way, chocoholics will adore this cocoa-scented set of shower cream, body scrub, body butter and lip butter, packaged in a reusable aluminum tin. Get a few for girlfriends, and at this price, one or two for yourself. Just, um, don't try to eat any of the products.
$20 at The Body Shop | Buy01 Nov, 2012 in Body
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Wisconsin Governor Jim Doyle Seeks to Move State Climate and Jobs Bill
The state plan, which is under discussion in the legislature, seeks a 22 percent reduction in greenhouse gas emissions within 12 years. The reduction is achieved through a major upsizing of Wisconsin's existent renewable portfolio standard, demands for cleaner car fuels and incentives for residents who produce their own power.
From Business North:
The bill would mandate that 25 percent of energy be generated from renewable sources – including wind, solar and biomass – by 2025. The state's current goal is 10 percent by 2015, and at the end of 2008, Wisconsin was just less than 5 percent.
Watch Gov. Doyle discuss the economic development benefits of climate action at a Georgetown Climate Center event during the U.N. Conference on Climate Change.


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Whether treating a toddler in an emergency or supporting a teen through chemotherapy treatments, we are dedicated to the care of each patient. It's through teamwork at every level of Children's Healthcare of Atlanta and with you, the family, that we are able to achieve excellence in pediatric care.
See more about us
With a proven track record of providing world-class care to patients in more than 30 pediatric specialties, we are a model for other pediatric hospitals. Infants, teens and young adults belong in a children's hospital where they can get specialized treatment from caregivers who know the important differences between children and adults.
See our clinical services
Research is a cornerstone of the Children's Healthcare of Atlanta mission to enhance the lives of children. In conjunction with Emory University School of Medicine, Georgia Tech and Morehouse, Children's seeks answers to the most challenging childhood medical conditions through teaching and research.
We all want happy, healthy kids. But as a busy parent, helping your kids eat well and stay active can be a challenge.
At Strong4Life, created by Children's Healthcare of Atlanta, our doctors, nutritionists and wellness experts create fun, easy ways to help your kids eat, move and live healthier. From picky eaters to passionate gamers, we have a slew of simple tips by experts who understand, because we're parents, too.
As a not-for-profit organization, Children's Healthcare of Atlanta relies on the generous financial and volunteer support of our community. Your donations directly impact the lives of each family served by Children's and support many initiatives such as clinical excellence, research, teaching, wellness and charity care.
Media Pager
ATLANTA (January 28, 2014) – The Aflac Cancer and Blood Disorders Center of Children's Healthcare of Atlanta recently announced that Sara Bashor, R.N., B.S.N, and Leigh McManus, R.N., M.S.N, have been presented with the prestigious Laura Snitzer-Boozer Nursing Award. The award honors nurses who have demonstrated professional excellence and leadership in pediatric cancer care and provides financial support for continued education in the field of oncology.
The award is given in memory of Laura Snitzer-Boozer, an Aflac Cancer Center nurse who died unexpectedly from a brain aneurysm in 1999. After Boozer's death, many individuals including close friends of the family, donated funds to create the Laura Snitzer Boozer Nursing Fund for Continued Education. Bashor and McManus will receive a scholarship to attend a nursing conference of their choice in honor of Laura Snitzer-Boozer's strong commitment to nursing education.
"Being a part of Aflac Cancer Center inpatient unit has been more than I could have ever expected," said Sara Bashor, R.N., B.S.N. "I work with top notch nurses who share a true passion for our patient population, and I'm truly blessed to be recognized by them."
"I am honored and grateful to receive the Laura Snitzer-Boozer award," said Leigh McManus, R.N., M.S.N, "I feel so blessed to be a part of a team that is dedicated to providing excellent care to our patients and their families."
Also, Elisha Holtzclaw, R.N., Clinical Educator, is honored with the 2013 Continuing Education Award. Holtzclaw is currently enrolled at Jacksonville University: Online, and is recognized for her dedication to the field of nursing and clinical education.
About the Award Winners:
Sara Bashor, R.N., B.S.N
As a registered nurse, Bashor has provided care within the inpatient unit of the Aflac Cancer Center for over five years. Bashor received her Bachelor of Science in Nursing from Brenau University. She currently resides in Cumming, GA with her husband and two daughters.
Leigh McManus, credentials
As a registered nurse, McManurs has provided care to the patients of the Aflac Cancer Center for three years. She received a bachelor's degree in child and family development with a minor in Spanish from the University of Georgia, as well as a Master's in Nursing from Medical College of Georgia. McManus and her husband currently reside in Atlanta, GA and enjoy traveling and being active.
About the scholarship recipient:
Elisha Holtzclaw, R.N, Clinical Educator
As a registered nurse, Holtzclaw has provided care to patients of the outpatient unit of the Aflac Cancer Center for over 11 years. Holtzclaw earned a Bachelor of Science in Nursing from North Georgia College and State University and is currently enrolled in the R.N. to B.S.N program at Jacksonville University: Online. She currently resides in Dawsonville, Ga. with her husband and their two sons.
About Children's Healthcare of Atlanta
Children's Healthcare of Atlanta has been 100 percent dedicated to kids for more than 100 years. A not-for-profit organization, Children's is dedicated to making kids better today and healthier tomorrow. Our specialized care helps children get better faster and live healthier lives. Managing more than 870,000 patient visits annually at three hospitals and 27 neighborhood locations, Children's is the largest healthcare provider for children in Georgia and one of the largest pediatric clinical care providers in the country. Children's offers access to more than 60 pediatric specialties and programs and is ranked among the top children's hospitals in the country by U.S. News & World Report. With generous philanthropic and volunteer support since 1915, Children's has impacted the lives of children in Georgia, the United States and throughout the world. Visit www.choa.org for more information.
Aflac Cancer and Blood Disorders Center of Children's
The Aflac Cancer and Blood Disorders Center of Children's Healthcare of Atlanta is a national leader among childhood cancer, hematology, and blood and marrow transplant programs, serving children and young adults. Recognized as one of the top 10 childhood cancer centers in the country by U.S. News & World Report, the Aflac Cancer Center cares for more than 400 newly diagnosed cancer patients each year and follows more than 2,500 patients with sickle cell disease, hemophilia and other blood disorders. The Center has a well-developed clinical research office and a robust Phase I/II clinical trials infrastructure. Visit aflaccancercenter.org or call 404-785-1112 or 888-785-1112 for more information.
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The policies of Tarrant County College were in conflict with current Texas Education Code because they required home schoolers to provide a notarized copy of high school transcripts to school officials. After becoming informed of this biased restriction against home schoolers, Tim Lambert wrote a letter clarifying the law regarding this matter and urging those in authority to make the necessary changes so that further action against the school would not be required.
About Tim Lambert
Tim Lambert, president of Texas Home School Coalition (the state home school support organization since 1986), has been involved in home school leadership in Texas since 1984. He and his wife Lyndsay taught their four now-grown children at home for 16 years, graduating the last two in 2000. As the head of the organization for the leading home school state in the country, Tim is recognized as an authority on home education issues in Texas. In this capacity, he has testified before numerous Texas legislative committees on issues related to home schooling. He often deals with state government agencies, including the Texas Education Agency and the Texas Department of Family and Protective Services, on home education issues and has served as an expert witness on home education in a number of court cases. He has also addressed such conferences as the Texas Association of Collegiate Registrars and Admissions Officers on the topic.
Tim holds a B.A. in political science from Texas Tech University and is active in the political arena, having served eight years as Republican National Committeeman for Texas. He is committed to serving the home schooling community and to protecting parents' right to choose the method of education of their children.


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The Bristol Observatory
We measure treatment outcomes
Using existing administrative data
While protecting personal privacy
The Bristol Observatory (TBO) is a contract research firm that specializes in program evaluation and service system research for government agencies and private organizations. Using anonymous, HIPAA compliant extracts from existing administrative databases, we provide our clients with valid and reliable measures of access to care, practice patterns, and treatment outcomes which are based on caseload overlap within complex systems of care.
Incorporated in 1997 by John A. Pandiani, Ph.D and Steven M. Banks, Ph.D., TBO encourages and supports rational, data-based decision making for program planning and policy development. We have provided data analytical services to over 20 federal, state and private organizations using mental health, substance abuse, social welfare, child protection, education and criminal justice databases. Much of our work has involved measurement of access to care for high risk populations, such as the homeless, and the measurement of treatment outcomes for children and adults, including hospitalization, incarceration, maternity and mortality.
TBO supports public agencies and private organizations as they seek to evaluate their performance and improve services for the vulnerable populations they serve. Because TBO relies on the analysis of the existing data that organizations routinely collect and store, there is no need for additional data collection. Because our primary data mining tool, Probabilistic Population Estimation (PPE), uses anonymous extracts from these existing databases, the personal privacy of individuals is protected and the confidentiality of all records is assured.
521 Hewitt Road, Bristol, VT 05443 (802)453-7070 / (802)453-5061 Fax
Website powered by Network Solutions®


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+1 303.271.7000 |
Chemical and Scientific Labware Products
One of the original and oldest product lines for CoorsTek focuses on chemical-porcelain produced in a variety of ceramic materials. These materials offer thermal-shock resistance, prolonged life, hardness, and refractory qualities. Mortars and pestles, boats, crucibles, cups, and dishes are just a few of the products offered.
Relevant Literature:
Porcelain and Ceramic Labware Catalog
Since the early 20th century, CoorsTek has provided high-qulaity, American-made labware. This comprehensive catalog lists the various types and grades of chemical labware. PDF Document, 16 Pages (342 KB) download now
Porcelain and Ceramic Labware Pricelist
This document lists the current year pricing for porcelain and high-alumina ceramic labware components and assemblies. PDF Document, 4 Pages (206 KB) download now
Related Links:
Ceramic Tubes & Rods
Thermally stable and dissipative, our ceramic tubes and rods are used in a variety of transportation applications. For example, aircraft manufacturers use our ceramic rods to cast the fins for a turbine engine. learn more
Plastic Tubes & Rods
These materials are used in diverse applications but primary emphasis is placed on wear, chemical compatibility, extreme temperature, and low friction materials. learn more
Precision Measurement Ceramics
Our CeraCheck® precision ceramics are among the most dimensionally stable components available in any environment. Precision blocks, beams for CMMs, and a host of other components to ensure accuracy.learn more


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People to People International (PTPI) has announced the re-election of Edward Tucker of Hockessin to the PTPI Board of Trustees.
The board of trustees is made up of PTPI members who have a strong sense of stewardship of PTPI's mission and who identify with the purpose, goals, and objectives of the organization. Tucker is a resident of Hockessin and a retiree of the former Montell Polyolefins, now known as LyondellBasell. He currently serves on the chapter's board of directors and previously served as chapter president.
We could not be more pleased that Ed will continue to contribute his significant knowledge and experience to our board of trustees. He has made a significant impact in promoting our mission, particularly within his community," said Mary Eisenhower, president of PTPI and granddaughter of the organization's founder, president Dwight D. Eisenhower. "It is inspiring, and a true testament to the character of the members of our board of trustees, that so many people around the world are willing to dedicate their time and talents to our mission."
For more information: ptpi.org.
Location, ST | website.com


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Bowel: Meconium is accumulating in your baby's bowel. This sticky black substance made up of sloughed cells, digestive secretions, and swallowed amniotic fluid will show up in her first dirty diaper.
Skin: Your baby's body is now coated with a greasy white substance, the vernix caseosa, that protects her skin during its long submersion in amniotic fluid.
Uterus: The top of your uterus (fundus) is now at the level of your belly button.


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Lester Bowie's Brass Fantasy: Lament
Lester Bowie's Brass Fantasy
I Only Have Eyes For You (ECM 25034-1)
Lester Bowie (trumpet), Stanton Davis (trumpet), Malachi Thompson (trumpet), Bruce Purse (trumpet), Craig Harris (trombone), Steve Turre (trombone), Vincent Chancey (French horn), Bob Stewart (tuba), Phillip Wilson (drums).
Composed by Malachi Thompson.
Recorded: Ludwigsburg, Germany, February 1985
Rating: 84/100 (learn more)
The larger the ensemble, the more tonal variety is possible—that's certainly a big reason why most of those who are considered jazz's greatest composers wrote for big bands. Trumpeter Lester Bowie eschewed reeds and strings in the makeup of his Brass Fantasy, but the nonet nevertheless provided its arrangers and composers with a wide array of possibilities. Composer/trumpeter Malachi Thompson takes good advantage of the tools at his disposal, exploiting unusual instruments (didgeridoo), the capacity of the individual musicians to create unusual sounds (Bowie himself wrote the book on that), writing attractive voicings, and using various combinations to produce interesting sonorities. Essentially a bossa nova bookended by free and chorale-like episodes, "Lament" doesn't offer much in the way of melody, but it does evoke a series of progressively complex if harmonically static atmospheres that, taken in total, constitute a work of some modest beauty.
Reviewer: Chris Kelsey
Tags: 1980s jazz · avant-garde · brass bands · ecm
Comments are closed.


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College Hockey:Michigan's Berenson Receives Contract Extension Through 2009-10 Season
University of Michigan head coach Red Berenson received a one-year contract extension from athletic director Bill Martin today. The contract, which was due to expire at the end of this season takes effect on Sept. 1, 2009. Berenson, who played for Michigan from 1960-62, has been the head coach at his alma mater for the past 25 seasons.
"Red Berenson is truly a legendary figure as a player and a coach here at Michigan," Martin said. "I am exceptionally happy that Red has agreed to extend his contract."
Berenson has led Michigan to an NCAA-record 18 consecutive national tournament appearances, earning national titles in 1996 and 1998. His career winning percentage of .673 (670-308-68) is second in the country among active coaches. Berenson's 670 victories are seventh-best on the collegiate hockey all-time wins list; he is 20 wins from assuming sole possession of sixth place.
Michigan has collected 10 Central Collegiate Hockey Association regular-season championships and eight CCHA Tournament titles under Berenson, all within the last 18 seasons. In 1994 he was the CCHA Coach of the Year, while in 2008 he earned CCHA and National Coach of the Year recognition.
For his outstanding service to hockey in the United States, the National Hockey League honored Berenson with the Lester Patrick Award in the fall of 2006.
Michigan receives a first-round bye in the CCHA playoffs, set to begin this weekend. Its quarterfinal series against a yet-to-be-determined opponent begins March 13.
The following is a self-policing forum for discussing views on this story. Comments that are derogatory, make personal attacks, are abusive, or contain profanity or racism will be removed at our discretion. USCHO.com is not responsible for comments posted by users. Please report any inappropriate or offensive comments by clicking the "Flag" link next to that comment in order to alert the moderator.
Please also keep "woofing," taunting, and otherwise unsportsmanlike behavior to a minimum. Your posts will more than likely be deleted, and worse yet, you reflect badly on yourself, your favorite team and your conference.


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April 11, 2013
TEMPE - Dual meets are a rarity these days in the collegiate track and field circles, with the Arizona State University team only typically competing in one per year in the annual Dual In The Desert against Arizona and Northern Arizona prior to the championship season. The Sun Devils will change it up a bit this weekend as the eighth-ranked women and 17th-ranked men head to Baton Rouge, La., to take on perennial powerhouse LSU and several other top-notch programs in a dual format competition on Saturday, April 13 at the Battle on the Bayou. Saturday's action will begin at 1:45 p.m. CT following a brief opening ceremony, while the morning session is set to begin at 10 a.m. with the first field events of the meet. The competition will mark ASU's first true "road" competition as a team after spending three of the first four weeks of the outdoor season competing at home.
• The Sun Devil track team returns four first-team outdoor All-Americans (Christabel Nettey) and two second-team All-Americans (Clarke and Bryan McBride)
• Jordan Clarke remains on the Bowerman Watch List (track and field's version of the Heisman) and has won four consecutive NCAA Championships in the shot put, including the 2013 indoor title
• The ASU women finished in the top 10 at the indoor championships for the first time since 2009 while the men posted a top-25 finish for the eighth time in the last 10 years
• The Arizona State women currently have four student-athletes ranked No. 1 in the country in their respective events: Christabel Nettey (long jump), Anna Jelmini (discus) and Chelsea Cassulo (hammer)
• Clarke and Nettey swept the MPSF Athlete of the Meet awards on the men's and women's sides while Greg Kraft was named the MPSF Men's Coach of the year for the second consecutive season
• Two of ASU's longest-standing school records were dropped this past weekend at the Sun Angel Classic, with Christabel Nettey knocking off Jacinta Bartholomew's 24-year old school record in the long jump and Shelby Houlihan taking the reins in the 1,500-meter run in unseeding Priscilla Hein's 14-year old record as well.
• Chelsea Cassulo was named the USTFCCCA National Field Athlete of the Week following her school-record setting performance in the hammer throw at the ASU Invite two weekend's ago
• Cassulo, Nettey and Ryan Herson (5k) have all been named Pac-12 Athletes of the Week with their performances this season
• The Sun Devil men and women currently have 19 student-athletes and three relays ranked in the top-25 nationally this season
The Battle in the Bayou will be comprised of squads for ASU, LSU, Mississippi State, Connecticut and Penn State. Four teams will compete in the women's competition, led by the No. 5 Lady Tigers and the No. 8 Sun Devils while Penn State and Mississippi State remain unranked. The men's competition will feature No. 10 LSU, No. 13 Mississippi State, No. 17 Arizona State and No. 19 Penn State. Teams in both genders will be competing with an alternate scoring format of 9-7-6-5-4-3-2-1 with the top two athletes for each team earning points in each individual event. The scoring format for relays is 9-7-6-5 with just one relay per team allowed to score in both the 4x100-meter and 4x400-meter relays. LSU will provide live stats from the competition, which can be found at the following link: http://www.lsusports.net/SportSelect.dbml?&DB_OEM_ID=5200&SPID=2172&SPSID=27862
A LOOK BACK: 34th SUN ANGEL CLASSIC
The eighth-ranked ASU women's track and field team lit things up at the 34th Annual Sun Angel Classic. Christabel Nettey set a new school record in the long jump (6.75m/22-01.75) while Shelby Houlihan set the new ASU 1,500-meter record (4:13.64). Keia Pinnick set a new career-best in the heptathlon with a score of 5,791 points at the Jim Click Combined Events. All four student-athletes - alongside Devan Spann, Will Henry, Ryan Milus set the nation's seventh-fastest time in 39.65.
Over the past 11 years, David Dumble has continued to bring in top talent and build the throws program at Arizona State, which has collected 15 total national titles. ASU continues to build on that legacy as Jordan Clarke successfully defending his indoor title in the shot put and has now won four straight NCAA Championships in the event. During the 2013 indoor season, Arizona State was the only program at the Division I level to have four athletes ranked in the top-26 nationally in all four different throwing events. The outdoor season has gotten off to a strong start for ASU as well with Chelsea Cassulo the current NCAA leader in the hammer throw, Clarke ranked seventh in the hammer throw and 18th in the discus while Anna Jelmini sits first in the discus and eighth in the shot put.
Ryan Whiting could do. Clarke has a chance to win five consecutive NCAA shot put titles by the conclusion of his senior year. The reigning NCAA Champion indoors and outdoors, Clarke won his fourth-straight NCAA title at the NCAA Indoor Championships with a mark of 20.50m (67-03.25) and now sets his sights on a third-straight outdoor title. Should Clarke win out this year, he would become just the second individual in NCAA history to win five consecutive NCAA titles in the shot put. Only Kansas' Karl Salb, who won every shot put title from 1969 to 1971, would have a better a record after winning six titles during his tenure as a Jayhawk. Clarke is a man of many talents, however, and currently ranks seventh nationally in the hammer throw and 18th in the discus after setting personal bests in both events at the Sun Angel Classic.
Junior Anna Jelmini became a three-time All-American in the shot put indoors with her fifth-place finish in the event at the NCAA Indoor Championships . With the effort, Jelmini opened the door to match Sarah Stevens as the lone Sun Devil in school history with four straight first-team All-America honors. Heading into the outdoor season, Jelmini is the two-time defending NCAA runner-up and two-time defending Pac-12 Champion in the discus throw. Jelmini set a new career-best in a Sun Devil uniform at the Mesa Classic this past weekend with a mark of 60.61m (198-10) and she also ranks eighth nationally in the shot put competition. The throw was the 10th-best in NCAA history and garnered Jelmini recognition on the most recent Bowerman Watch List for the Bowerman award, given annually to the top male and female track and field athletes at the NCAA level.
Chelsea Cassulo is fast-becoming one of the best transfer pick-ups in recent history for the Sun Devils. The former UNLV standout finished fourth in the weight throw at the NCAA Indoor Championships with a mark of 21.23m (69-08.00) - the third-best mark in ASU history. Oddly enough, that's not even her best event. Cassulo was named the USTFCCCA Field Athlete of the Week following the ASU Invite after set ting a new school record in the hammer throw with a mark of 69.80m (229-00). The throw was the eighth-best individual throw in NCAA history and the 15th-best throw ever at the NCAA Division I level. Cassulo followed the performance with three throws over 68 meters at the Sun Angel Classic, finishing second only to Olympian Jessica Cosby.
Before the 2012 season, head coach Greg Kraft believe that one of the team's dark horses this season could be incoming vaulter Derick Hinch, a transfer from Cuesta College. Hinch went on to take third at the NCAA Outdoor Championships, becoming just the second Sun Devil to ever clear 18 feet and doing it twice on the season. He became just the second Sun Devil in indoor history to clear 18 feet indoors behind Olympian Nick Hysong with a season's best of 5.50m (18-00.50) this year, earning All-America honors with a sixth-place finish indoors.
One of the key pieces to the Arizona State women's effort this season has been senior Christabel Nettey. Nettey was an absolute monster at the MPSF Championships, winning all three events she was entered in and scoring 30 points toward the team cause and earning herself MPSF Athlete of the Meet honors. She set the school indoor long jump record with a mark of 6.55m (21-06.00) and a runner-up effort at the indoor championships. The mark was actually equivalent to the winning jump but Nettey had to settle for second in the tiebreaking process. Nettey came out guns blazing in her 2013 outdoor long jump opener at the Sun Angel Classic, which featured a rematch against Geubelle, as she set the nation's leading mark in a winning performance with two leaps of 6.75m (22-01.75). The performance knocked off Jacinta Bartholomew's 24-year-old school record in the event, matched a Sun Angel Stadium venue record and was the third-best jump in the history of the Pac-12 Conference. Nettey was named the Pac-12 Women's Field Athlete of the Week for the Performance. Oh, and as if that were all enough, she also clocked the school's eighth-fastest 100-meter hurdle time in history with a time of 13.42 seconds.
Shelby Houlihan introduced herself to the world last season as she became the first student-athlete in Pac-12 history to sweep the cross country and track and field Newcomer of the Year awards. Houlihan locked up the school record in the indoor 800-meter run this season, earning second-team All-America honor as well while also taking the MPSF title in the mile (where she also owns the school record). Houlihan opened the outdoor season at the ASU Invite with a winning time of 2:04.38, which ranks eighth nationally this season. Houlihan came out and absolutely obliterated the previous school record in the 1,500-meter run at the Sun Angel Classic, clocking a time of 4:13.64 that was three-and-a-half seconds better than Priscilla Hein's former 1999 school record of 4:17 and change. Houlihan's time is also the best in the nation by a long shot, over three seconds better than the next closest individual.
Senior Keia Pinnick nearly gave ASU two NCAA Champions following the NCAA Indoor Championships, staging a huge comeback over the final two events of the pentathlon to challenge for the title. Pinnick came up just shy, but set a new career best of 4,327 points in the process while breaking school pentathlon records in the 60-meter hurdles, long jump and 800 meters - all marks previous held by Olympian and former NCAA record-holder Jacquelyn Johnson. Pinnick opened the outdoor season with the nation's 15th-fastest time in the 100-meter hurdles (13.41) and the sixth-fastest time in the 400-meter hurdles (57.89). Pinnick, competing in her first heptathlon of the 2013 outdoor season, bested her previous career-best with a score of 5,791 at Drachman Stadium as part of the Jim Click Combined Events. The score was 30 points better than her previous best, set last year at the NCAA Outdoor Championships, where she was fifth overall. The tally is currently the ranked second nationally in the event. Additionally, Pinnick clocked the school heptathlon school record at 200-meter with her winning time in the events of 23.90 to wrap up the first day of the competition.
Junior Bryan McBride nearly made his way back to the podium in an absolutely stacked high jump field at the NCAA Indoor Championships that featured two Olympians. McBride would end up taking ninth in the competition, even though he set a season's best mark of 2.23m (7-03.25). McBride is now a three-time All-American and will be looking for the first First-Team honor of his outdoor career this year after setting the school's seventh-best outdoor mark of all time last year on his way to Second-Team honors.
The Sun Devil men's sprints team will be the defending Pac-12 Champions in both the 4x100 and 4x400-meter relays. The team lost the likes of Devan Spann. Last season was the first sweep for the Sun Devil relays since 2005 and they will look to make it two straight this season. The mile relay of Spann, Burrows, Henry and Ryan Milus clocked the nation's seventh-best time of 39.65 at the Sun Angel Classic.
Nick Happe got the 2012-13 season off to a good start, earning All-Conference and All-Region honors during the cross country season while also being named the Pac-12 Scholar-Athlete of the Year. Not only is he getting it done in the classroom, but the senior logged his second indoor school record at the Husky Classic with his time of 7:52.18 at 3,000 meters to finish sixth overall in the event and third in his heat behind two 2012 Olympians. Happe clocked a blistering time of 3:42.78 at the Sun Angel Classic for the fourth-fastest time in ASU history and the third-fastest time in the nation this season.
If there was such a thing as a sophomore slump, Ryan Milus showed no symptoms of it in the 2012 outdoor season. The second-year runner broke the meet record at the ASU Invite with a career-best time of 10.21 in the 100-meter dash and followed it up with a then-career-best 20.86 in the 200-meter dash later in the event. Milus had the 17th best time in the nation at 100 meters and was fourth in the event at the Pac-12 Championships. Milus also ran the anchor leg for the Pac-12 Championship 4x100-meter relay team. An untimely injury at the NCAA West Regionals kept Milus out of a bid for the NCAA Championship, but he will be a key force to the Sun Devils cause this year. Milus opened the 2013 season at 100 meters at the Sun Angel Classic with a winning time of 10.29 that currently ranks 11th in the nation this season.
One of the most impressive improvements from a freshman to sophomore this season has been the rise of Brianna Tate. The quarter-miler clocked a new career-best of 53.30 at the Sun Angel Classic that currently ranks 13th in the nation and just missed moving into ASU's all-time top-10 in the category. Additionally, Tate runs the anchor leg for the women's mile relay, which currently sits 23rd in the country with a season's best of 3:37.37.
During the indoor campaign, 20 student-athletes set 26 marks that improved upon or moved into the top-10 in ASU history. ASU is right back on track with that during the 2013 outdoor season as 13 athletes have set 16 marks that moved into or improved upon marks held on ASU's top-10 list in their respective events. The list includes Christabel Nettey (long jump/100mH), Anna Jelmini (discus), Jordan Clarke (discus/hammer).
ASU returns eight All-Americans from last year's outdoor season season. Christabel Nettey all took second-team honors last year.
The start of the 2012 represents the beginning of the end for 16 Sun Devils entering the season. On the men's side Christabel Nettey, Keia Pinnick and Natasa Vulic will compete in their last competitions as Sun Devils this year.
An incredible 35 student-athletes, including 15 women and 20 men, will be competing for the Sun Devils in 2013. True freshmen include Ryan Herson, Devan Spann, Zach Zarda, Heather Arsenau, Dalanne Bartlette, Kelli Gibson and Lauren Rose.
In 1996, Pal Arne Fagernes won the men's javelin title at the NCAA Championships. It was not until 2004 that Arizona State had another national champion as Ryan Whiting and Jason Lewis in 2010, Whiting and Jessica Pressley and April Kubishta, all who won titles in 2007. The Sun Devils had no returning champions in 2011 but rectified that for the 2012 season with junior Jordan Clarke returning as the 2011 NCAA outdoor shot put champion and that carried over into a sweep of the 2012 titles. With his return again this year, ASU hopes he can pass the torch on and keep the streak going.
As the season begins, there are 17 Sun Devils on the roster that were teammates before they came to Arizona State. Prior to their joining the Sun Devils, thrower Heather Arseneau both competed at Desert Vista and are rejoined after Arseneau transferred to the Sun Devils this season from San Diego State. Freshmen brothers Blake and Kyle Elliot both competed at Dobson HS. Freshman vaulter Diana Diep comes out of Sandra Day O'Connor, which was also home to junior high jumper Byran McBride.
Head Coach Greg Kraft is entering his 17th year as the leader of the Sun Devil program, a tenure that has brought Arizona State back to the top of the standings in both the NCAA and Pac-12 events. Since his hiring, the program has continued to evolve into one of the more well-rounded in the nation with strength on the track and in the field as well as in cross country. Kraft and his staff have worked diligently to reach their goals of championships and success in education and that has not been more clearly seen than in the past five years as the hardware has continued to roll in. His program has annually produced some of the top individuals in the nation with 27 of the program's 59 individual and relay national titles won since 2004 while both his teams and individual student-athletes have garnered national academic acclaim. Prior to his arrival, the program boasted one NCAA Championship (men's outdoor track & field, 1977) and one Pac-12 Championship (men's outdoor track & field, 1981). In the last seven years, his Sun Devils have captured four national crowns (2007 women's indoor and outdoor track & field, 2008 men's and women's indoor track & field) and added three Pac-12 Championships (women's outdoor track & field, 2006-08). Kraft's teams have finished in the Top 10 of the NCAA Track & Field Championships on 23 occasions in 17 years while the program had done so just 14 times prior to his arrival in Tempe.
As he begins his 17th year at Arizona State, Kraft's tenure ranks as the second-longest in Sun Devil track & field history and the third-longest active streak among all current ASU head coaches. The only coach that has led the track & field program longer than Kraft is legendary coach Senon 'Baldy' Castillo, who led the way for 26 years (1954-79). Among current Sun Devil head coaches, Kraft's 17th year ranks behind John Spini, who is in his 33rd year with gymnastics and Sheila McInerney, who is in her 29th year with women's tennis.
The Sun Devils will send a contingent to the annual Mt. SAC Relays in Walnut, Calif., set to take place April 19-20.


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Aug 5, 2013 10:25 AM
At first glance, the Taylor Says Talia heels ($130) look like basic, neutral shoes - albeit a little tall. But then you get a look at those soles and it's all pop art and speech bubbles like an old episode of Batman.
If you've got a product or service that you'd like to promote on Outblush, click here to find out about our advertising opportunities.
Outblush is a blog for girls who love to shop. Our staff digs up the best clothes, home stuff, beauty items, and more. New items are posted every day — bookmark us and check out:


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Welcome Veterans
Thank You For Your Service!
At Cape Cod Community College, it is our privilege to assist veterans in taking advantage of the numerous educational opportunities available through the GI Bill and other programs. Regardless of whether you are a new student, a returning student or transferring to our campus from another institution, we are here to help you find the resources you need to make the most out of your time at CCCC.
CCCC Veterans Center
Cape Cod Community College Military and Veteran Students are encouraged to take advantage of the newly renovated CCCC Veterans Center. Located on the second floor of the Wilkens Library, The Veterans Center offers a relaxing environment for veterans to study, network, or grab a cup of coffee in between classes. Weekly meetings of the Cape Cod Community College Veterans Association, a student veteran-run organization, are held in the Veterans Center as well.
Educational Assistance
Veterans of recent military service, and the dependents of certain other service members, may be entitled to educational assistance payments from the Veterans Administration. Reservists and members of the National Guard may also be eligible for monthly educational benefits.
Cape Cod Community College is an approved institution for veterans and veterans' beneficiaries training.
If you need to obtain a copy of your military transcript, please see this link: https://jst.doded.mil/smart/signIn.do
Military and Veterans Services Advisor
Visit Bill Hunt, the Military and Veterans Services Advisor, to inquire about VA benefits and information. Bill is located in the Office of Veterans Services, on the second floor of the Wilkens Library, Room 201.
He can offer the following assistance to veterans:
Bill Hunt
Office Hours
We look forward to working with you as you continue your education at CCCC!
Campus Resources
See also: State and Federal Resources
Contact Us
Sherry Andersen


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iHerb Commentaires des clients
Économie de: €2.01 (20 % de remise)
Publié par Reviewer2155430 le Jan 22, 2008
This moisturizer is light (as I have oily skin) and is truly fragrance free. I have sensitive skin and I am chemically sensitive and I had no reaction to this product.
LizzieL from NJ
Publié par Reviewer2098235 le Dec 07, 2008
I love this product! It's light and doesn't cause breakouts for me, unlike almost everything else I've tried. Great value and it's so natural. Not greasy and this bottle lasts forever!! Highly recommend it!
lasts a long time
Publié par Reviewer1530082 le Jun 05, 2008
i love this moisturizer! its not heavy or greasy.
Highly recommended
Publié par HealthyGuy le Aug 19, 2012
I used to work at a health food store and this was the most popular face moisturizer. I highly recommend it myself. It's fragrance free, has a nice texture, absorbs well and moisturizes very well, too.
Better for summer
Publié par Reviewer2736575 le Mar 26, 2008
This was a lighter moisturizer than I wanted for the winter, but it should be fine for the summer.
Wonderful summertime moisturizer
Publié par Reviewer1859402 le Jun 19, 2009
This is a great moisturizer for summer time when you don't need something quite so thick. For winter it's not the best, it's just real lite and I need something heavier for winter months.
Publié par Jolanta le Aug 15, 2012
Irritated my skin, not enoug moisture, used it for legs.
Like it
Publié par 5700203264411077355 le Sep 15, 2013
Very light creme
It is bad for acne skin.
Publié par 5431939502894823417 le Nov 03, 2013
I think sweet almond oil causes pimple :-( Now, I'm using this for my hand. Good hand cream.
best moisturizer
Publié par 5067467744779051409 le Mar 28, 2014
didn't make me break out, has awesome ingredients. bought this for my younger sister because she has sensitive skin and is starting to break out cause of puberty, this cleared up her minor acne. it has also been keeping my skin completely moisturized without any dry patches, yet doesnt make me oily. love it and highly reccomend it. only problem is, I didnt realize there was an spf 15 version until after i ordered this, so when this bottle is finished, i will be buying the one with spf.
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Serco Inc., a United Kingdom-based firm, has a $1.2 billion contract with the United States federal government, and according to workers who are employed by the firm, they do nothing but sit at their computers all week. They are advised to refresh their computer screen once every ten minutes. That is it, according to a Yahoo! News report on Tuesday.
There was concern over Serco Inc. getting a government contract at the time. The reason for the concern is that the firm was being investigated for overbilling the British government some tens of millions of pounds last summer. Yet, the United States federal government hired the company to assist with Obamacare. Even though the company managed to get through a year of contractual work, they are now being noticed. Unfortunately, the company is not being noticed for anything of value it has done, but has been noticed as questions are raised regarding the validity of its work.
According to a KMOV, St. Louis television, investigative report, taxpayers' money is being used to pay Serco for allegedly processing Obamacare applications. Without applications to be processed, obviously, the workers have nothing to do. One employee told the news-reporting station that there are some weeks that an employee hired to do data entry would not process any applications – not one.
The reason Serco is reportedly holding on to workers that are not needed – and even hiring more unneeded workers – is because the company gets paid per worker. It is not paid by the number of applications that are processed by the employees at the company. Yet, the Obama administration – as one would assume – defends the company and its work for Obamacare – the Affordable Care Act.
While the firm is still being investigated for fraud in the U.K., Brian Cook who is a spokesperson for the Centers for Medicare and Medicaid Services said that Serco is a highly skilled company that has a proven track record in providing cost-effective services to numerous other federal agencies in the United States. Of grave concern in the federal government's relationship with Serco Inc. is that the company has spent millions of dollars to lobby in Washington, D.C. and also contributed to political campaigns – including more than $6,000 to President Barack Obama' reelection campaign.
Suggested Links
- Obamacare: The number of uninsured Americans hasn't dropped due to Obamacare
- Obama approval rating hits new low, bad news for Dems: New York Post-ABC poll
- Best United States places to live in: Top 20 for 2014
- Most dangerous cities in the United States in 2014: FBI
- Best United States cities to find a job in 2014


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Creating Online Content Worth Reading
There's a lot of content out there that isn't worth your time. The Internet is overflowing with information and it's your... READ MORE
We take your brand and mix in creative ways to make your marketing work harder. It's the sweet spot where smart creative blends together with your targeted business goals.
Whether we're partnering with you on a comprehensive integrated campaign or brought in as mercenaries working on a single phase of a project, the approach is always the same: We wind it up. We build your brand. You see results.
Turn the key and watch the needle move.
There's a lot of content out there that isn't worth your time. The Internet is overflowing with information and it's your... READ MORE
The digital marketing landscape is always radically changing. And with every change and every shift – sprouts another 10 new digital agencies. And there's a... READ MORE
You'll find campaign hashtags just about everywhere: Print ads, TV spots, direct mail, brochures, brand signage, newsletters – and everywhere else in between.... READ MORE
The answer to this question is twofold. The technology to make this happen is available, but privacy is an obvious issue.Pretargeted Advertising ... READ MORE
Ad Age's recent article by Arie Lewine flawlessly describes the pandemic of display ads. You may tune them out, but look close – and... READ MORE
If you're the marketer in charge of driving site traffic and increasing online conversions, chances are the majority of your time is spent... READ MORE
"We are very grateful to DRK Creative for the critical role they have played in the establishment of our marketing and advertising plans. They have always taken the time to understand our needs and desires, and consistently create marketing programs and pieces that exceed our expectations"
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"DRK Creative has provided our company with the quality service we always hoped to get from an ad agency, but were never able to find until now. Their big-picture thinking combined with their expertise in creating attractive and highly-effective integrated marketing materials has directly led to an increase in revenue and a better brand experience for our customers."
Jim Sonntag, PGI INC


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Gluten Freeby Emilia |
Learn more about the business of gluten free items and sales with this infographic, via Food Tech Connect.
Learn more about the business of gluten free items and sales with this infographic, via Food Tech Connect.
Chris Anderson has been with TED for over 13 years and has taken it to the next level, via NYT.
A few months ago, in Vegas with Anthony Bourdain and the Parts Unknown crew, I had uncommonly sweet digs and a lot of downtime. Tony probably speaks with more chefs around the world than any other person living. So in between his facial and his pedicure, I talked to him: M.R.: What issues do you see facing chefs today? I think a number of chefs are trying to figure out how to be good citizens of the world, and also serve the one percent. Trying to find a balance when their whole business model is built up around expensive markup of bottles of wine, only the very best parts of the fish, the rest has to be disposed of one way or another. A lot of chefs are trying to reconcile that. Chefs generally are good-hearted Read On »
Here are a few Moroccan recipes that can spice up this long winter, via Independent UK.
Keep your eye peeled on coffee prices, the morning bean maybe increasing due to a draught in Brazil, via Daily Mail.


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Aug 23, 2013
DALLAS (SMU) - The Mustangs scored four times in the first half, including two from freshmen, as they defeated the University of Louisiana at Monroe 6-1 at Westcott Field on Friday night. With the victory, SMU Head Coach Chris Petrucelli became the 16th coach in NCAA history to amass 350 career wins.
Shelby Redman scored twice, while Rikki Clarke posted a goal and two assists. Freshmen Taylor Jackson and Kelsey Gorney each scored their first-career goals in their first collegiate action, while fellow newcomer Taylor Barg added two assists.
SMU (1-0) dominated possession for much of the opening portion of the game, but could not get any balls toward the goal. Clarke opened the floodgates for SMU at the 15:49 mark, poking one past ULM (0-1) goalie Holly Mallinson off a pass in the box from Barg. Gorney would add hers less than six minutes later with a 22 yard strike to the bottom right corner. After a shot from Redman went high, Jackson scored off a corner kick from Barg. Three minutes later, Redman scored to give SMU a 4-0 lead heading into halftime.
Two minutes after the break, Redman added her second tally on an unassisted effort. A turnover in SMU's defensive third gave ULM its only goal on its only shot of the game, as Mariah Mitchell lobbed the ball over the SMU defense into a wide-open net.
Briana Gaines would add an insurance goal for the Mustangs in the 81st minute off a well-placed entry ball from Clarke into the front end of the box. Jessica Bartol also earned an assist on the play.
The win improves Petrucelli's all-time record to 350-118-40 (.728).
SMU will visit Arkansas on Sunday at 1 p.m. CT. The Mustangs' next home match is against Colorado State on Friday, Aug. 30 at 12 p.m.


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2012-12-13 / Front Page
Council members handle routine business at meeting
Lindale City Council members took care of some routine matters before the end of the calendar year during a regularly scheduled meeting Tuesday (Dec. 4) at city hall. With the Christmas season approaching, council members agreed to cancel the regular monthly meeting scheduled for Dec. 18 and approved moving the Jan. 1, 2013 meeting to Jan. 8.
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Why do so many people think potty training is not age appropriate at this age? It seems to me that there are similarities in what to expect from LO for PT, and things like time outs/punishments, cleaning up a mess, CIO to learn something like crib sleeping, brushing teeth, even some toys and games. Like being able to grasp a cause and effect concept, being trained to do something, being aware of yourself, etc. There seems to be more acceptance of these things than PTing, why?
And I'm not talking about when parents force their kids to sit on the potty a long time, or punish them for not peeing in the potty, or expecting them to hold their pee, nothing like that. Just teaching them what the potty is for, how to use it, and being excited and encouraging them when they happen to do it. I guess I don't get why learning to pee in a potty seems so outrageous, but learning about time outs, to sleep alone, to eat their veggies, pretty much anything else is fine.
I reintroduced LO to the potty yesterday (did a little bit of EC in the first year, but took a hiatus the last few months, too busy over the holidays), and he definitely understood the concept. I think he even remembers from before because he's walking to the potty on his own and peeing. Of course not consistently, just when he wants to I guess. I don't see a problem with this. I think he prefers it because now he's getting kind of mad when I want him to wear his diaper for naps.


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You can expect to blaze exciting new trails at Gallo. It's one of the reasons our sales team members are so proud of their work.
Here, we're focused on long-term success, and that means keeping our customers at the top of our priority list. Your innovative ideas help create fresh opportunities to connect with them in the marketplace. We'll encourage your creativity…and reward your performance with tremendous opportunities for growth. If you're customer-focused and driven to succeed, your career will thrive at Gallo.
You'll start by serving as a sales representative to our global distributors, providing them with the service and product knowledge that add value to our business relationship and help make our products accessible for the right consumers. You'll develop and provide expertise in wine education, retail advertising, promotions and competitive pricing, and selling through display and restaurant merchandising. Ultimately, you'll be the driving force in helping Gallo sell its products and stay connected with our consumers.
We promote from within, and motivated sales leaders experience steady advancement. As you grow, you'll take on new business areas, more challenging roles and opportunities to motivate and develop your own sales teams. You'll find our support extraordinary. That's because at Gallo, we're not just committed to seeing our business succeed, but to seeing you succeed as well.