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United States District Court, N.D. California
November 17, 2005.
JASON MEVORAH, Petitioner,
WELLS FARGO HOME MORTGAGE, INC., a division of WELLS FARGO BANK, NATIONAL ASSOCIATION, and DOES 1 through 50, inclusive, Defendants.
MEMORANDUM & ORDER Re: Motion to Correct
Plaintiff Jason Mevorah has brought the present action on
behalf of all persons employed by defendant Wells Fargo Home
Mortgage, Inc. as home mortgage consultants ("HMCs"), HMC
trainees, and any similar positions responsible for originating
home mortgage or personal loans to consumers within California
from February 10, 2001 to the date of judgment after trial (the
"class period"). Plaintiff alleges that defendant's
characterization of HMCs as exempt from overtime is incorrect,
and that he and other potential class members are entitled to
overtime pay under the Fair Labor Standards Act ("FLSA") and
California law. Now before the court is plaintiff's motion to
correct alleged misrepresentations made by defendant. Having
considered the parties' submissions and arguments, the court
enters the following memorandum and order.
This action was filed in the San Francisco Superior Court on
February 10, 2005, and removed to this court by defendant on
March 22, 2005. Plaintiff seeks to certify a class pursuant to
Federal Rule of Civil Procedure 23; however, no motions regarding
certification have been filed and a class has not been
certified.*fn1 Plaintiff worked as a HMC for defendant,
where he was paid on a commission basis and classified as exempt from overtime. Joint
CMS at 2. Plaintiff argues that he and other potential class
members other HMCs, HMC trainees, and any similar positions
responsible for originating home mortgage or personal loans to
consumers within California during the class period are not
exempt from the overtime requirements under the FLSA and
California law. Id. Plaintiff seeks restitution for unpaid
overtime wages, damages, and penalties, for himself and for the
potential class members. Id.
Plaintiff moves this court to issue a notice to all potential
class members correcting certain alleged misrepresentations that
defendant has made to prospective class members. Plaintiff
alleges that defendant, through counsel, has contacted members of
the potential class and has made false and misleading statements
regarding this action and its potential impact. Pl.'s Motion at
10. Plaintiff further alleges that defendant has asked members of
the potential class to sign declarations regarding the nature of
their duties as HMCs and their compensation preferences, and that
these declarations as drafted by defendant are inaccurate and
omit critical facts. Id. In support of these allegations,
plaintiff submitted the declaration of Caroline Urso, a former
HMC. See Urso Decl. Ms. Urso states that in July 2005, while
she was still employed by defendant, she was contacted by its
counsel regarding this action. Id. ¶ 3. She states that she was
led to believe that if the action were successful HMCs would no
longer be paid by commission, but instead would be paid on an
hourly basis. Based on this representation, she states that she
agreed to an interview to support the maintenance of her position
on a commission basis. Id. She was informed that the interview
would serve as the basis for a declaration. See Id. Ms. Urso
further states that she was not informed by defendant's counsel
that if the action were successful she might be eligible to
recover overtime pay, that her declaration could be used against
the interests of the potential class (including herself), that
declining to be interviewed would not impact her job, or that she
should seek the advice of counsel. Id. ¶ 4. A few days after
her conversation with counsel, Ms. Urso received a draft
declaration which she declined to sign because she "felt that
[counsel] had manipulated my words by leaving out significant
statements and using only the words that benefitted his argument"
and that it was not "the complete truth." Id. ¶ 6. Defendant filed its opposition to plaintiff's motion on October
17, 2005. Defendant admits that it contacted HMCs including Ms.
Urso, but asserts that it did so as part of its own internal
discovery to collect information about how the HMCs perform their
jobs. Def.'s Opp. at 1, 6. Defendant asserts that it engaged in
no misconduct in interviewing the HMCs. Id. at 11. Defendant
maintains that it made no untrue statements about the potential
impact of this action; its counsel did not tell Ms. Urso that the
action sought to change the position from commissioned to hourly
pay, but rather that it sought to change the position "to become
eligible for overtime rather than the present exempt
commission-based structure." Id. at 8. Defendant also states
that the draft declaration prepared for Ms. Urso represented a
fair and accurate representation of what she told counsel during
their telephone interview. Id. In support of these assertions,
defendant filed the declaration of Michael P. Wallock, an
attorney who interviewed Ms. Urso and other HMCs. See Wallock
Decl. Mr. Wallock attests to the above, and additionally states
that he informed Ms. Urso that she was under no obligation to be
interviewed by defendant's attorneys, and that there would be no
reprisals should she decline. Id. ¶ 3. Mr. Wallock also states
that he emphasized, both in his conversation with Ms. Urso and in
the cover memo accompanying the draft declaration he sent to Ms.
Urso, that she should review the declaration for accuracy before
signing it, and contact him to make any corrections. Id. ¶ 4.
He further states that "when an interviewee has asked to make
changes or corrections to his or her declaration, we have always
made them." Id. ¶ 4.
On October 24, 2005 plaintiff replied to defendant's
opposition, arguing that by obtaining declarations, which may be
used as evidence in court, defendant has done far more than
engage in internal discovery. Pl.'s Reply at 1. Plaintiff also
raises two new arguments in its reply. First, plaintiff claims
that defendant has violated Federal Rule of Civil Procedure 26 by
failing to reveal the existence of any declarations in its
disclosures.*fn2 Id. Second, plaintiff claims that
defendant has violated California Rule of Professional Conduct
3-600 by failing to reveal to the HMCs it contacts, who are all
potential class members, that "the organization's interests are
or may become adverse to those of the constituent(s) with whom
the member is dealing" and that any information communicated to
defendant may be "used in the organization's interest" if
defendant "becomes adverse to the constituent." Cal. R. Prof. Conduct 3-600; see
Pl.'s Reply at 1. On October 28, 2005, defendant filed a motion
for leave to file a sur-reply. The court requested that defendant
address Rule 26 and Rule of Professional Conduct 3-600 at oral
argument, which took place on November 9, 2005.
Plaintiff argues that the court should issue a notice to all
potential class members advising them of several things: (1) that
a class action has been filed seeking overtime compensation for
HMCs; (2) that the dispute between plaintiff and defendant
centers on whether HMCs are "inside" sales employees entitled to
overtime payment or "outside" sales employees exempt from
overtime requirements; (3) that if plaintiff prevails, defendant
can continue to pay its HMCs on a commission basis, but will be
additionally required to make overtime payments; (4) that if
plaintiff prevails, members of the class will be awarded back
overtime pay; (5) that all potential class members have to right
to speak, or to refuse to speak, to anyone, including defendant
or its counsel, without fear of reprisal; (6) that if potential
class members should choose to speak with defendant or its
counsel, they have the right to refuse to sign any written
statement, but if they do sign they should be sure it is complete
and accurate; (7) that potential class members have the right to
seek their own counsel; and (8) that potential class members may,
but are not required to, contact plaintiff's counsel. Pl.'s
Motion at 16-17, 19. Defendant, in opposition, argues that
plaintiff's motion for a corrective notice should be denied
because defendant's actions were proper under law. Def.'s Opp. at
9. The appropriate action, according to defendant, would be for
plaintiff to depose the declarants of any declarations defendant
should later submit to the court. Id.
The United States Supreme Court has observed that
[c]lass actions serve an important function in our
system of civil justice. They present, however,
opportunities for abuse as well as problems for
courts and counsel in the management of cases.
Because of the potential for abuse, a district court
has both the duty and the broad authority to exercise
control over a class action and to enter appropriate
orders governing the conduct of counsel and parties.
But this discretion is not unlimited, and indeed is
bounded by the relevant provisions of the Federal
Rules. Gulf Oil Co. v. Bernard, 452 U.S. 89, 99-100
(1981). The foundation for the court's duty and broad
authority is found in Rule 23(d) of the Federal Rules
of Civil Procedure, which provides, as relevant to
the instant action, that the court may make
appropriate orders "requiring, for the protection of
the members of the class or otherwise for the fair
conduct of the action, that notice be given . . . to
some or all of the members of any step in the
action," and "imposing conditions on the
representative parties." Fed.R.Civ.Pro. 23(d).
The motions currently before the court concern
pre-certification communications by defendant to potential class
members. Pre-certification communications to potential class
members by both parties are generally permitted, and also
considered to constitute constitutionally protected speech. See
e.g. Gulf Oil Co., 452 U.S. at 101; Parks v. Eastwood Ins.
Services, Inc., 235 F. Supp. 2d 1082, 1084 (C.D. Cal. 2002);
Atari, Inc. v. Superior Court of Santa Clara County,
166 Cal. App. 3d 867, 871 (1985). As such, any limitations on
pre-certification communications between parties and potential
class members should be "based on a clear record and specific
findings that reflect a weighing of the need for a limitation and
the potential interference with the rights of the parties." Gulf
Oil Co., 452 U.S. at 101.
Courts have limited pre-certification communications with
potential class members after misleading, coercive, or improper
communications were made. See Parks, 235 F. Supp. 2d at 1084;
Belt v. Emcare Inc., 299 F. Supp. 2d 664, 667 (E.D. Tex. 2003).
For example, this court has restricted a defendant's ability to
communicate with potential class members following the
defendant's publication of a notice that, in relevant part,
failed to disclose the pendency or scope of the class action and
may have caused confusion among potential class members regarding
their rights. See Pollar v. Judson Steel Corp., Civil No.
82-6833 MHP, 1984 WL 161273 (N.D. Cal. Feb. 3, 1984) (Patel, J.).
Likewise, a district court in Texas has restricted a defendant's
ability to communicate with potential class members where
defendant sent a letter to potential class members that the court
determined had "mischaracterized the suit [seeking overtime wages
for nurse practitioners and physician's assistants] as an attack on the
absent class members' status as `professionals' in the
workplace," mischaracterized the damages, and was coercive
because "the absent class member and the defendant are involved
in an ongoing business relationship . . . as employer-employee."
See Belt, 299 F. Supp. 2d at 668.
In the instant case, defendant, through its counsel, has
contacted by telephone an unknown number of its employee HMCs who
are potential class members. Defendant told these HMCs that the
telephone calls were in connection with this action, which
defendant described as seeking to have "HMC positions changed to
become eligible for overtime rather than the present exempt
commission-based structure," with the possible effects including
"a system of time-monitoring, payment of overtime, as well as
some lunch period regulation." Wallock Decl. ¶ 5. For the HMCs
who agreed to be interviewed, defendant has conducted telephone
interviews and prepared declarations for the HMCs to sign. See
id. ¶¶ 3-4.
These circumstances are not unlike those in the Belt case,
where the court found the defendant's statements to improperly
characterize the lawsuit "as an attack on the absent class
members' status as `professionals' in the workplace." See
Belt, 299 F. Supp. 2d at 667 n. 4, 668. Here, defendant's
verbal explanation of this action as seeking to have "HMC
positions changed to become eligible for overtime rather than the
present exempt commission-based structure" with the possible
effects including "a system of time-monitoring, payment of
overtime, as well as some lunch period regulation" (see Wallock
Decl. at ¶ 5) could easily give a potential class member the
mistaken impression that "if the lawsuit were successful, [HMC
positions] would be paid on an hourly basis instead of by
commission." Urso Decl. at ¶ 3. Indeed, that is precisely the
impression Ms. Urso states she was given. See id. The court
therefore finds that defendant's statements to potential class
members were misleading.
Defendant's statements also have a "heightened potential for
coercion because where the absent class member and the defendant
are involved in an ongoing business relationship, such as
employer-employee, any communications are more likely to be
coercive." Belt, 299 F. Supp. 2d at 668. Ms. Urso states that
if she had not already been looking for another job she "would
have felt forced to sign the declaration in order to continue her
employment" with defendant. Defendant states that it told Ms.
Urso and other HMCs it interviewed that they would "neither
receive any benefit from participating in the interview nor
receive any detriment by not participating." Def.'s Opp. at 7.
Accepting defendant's version of the facts, it is still
reasonable to assume that an employee would feel a strong
obligation to cooperate with his or her employer in defending
against a lawsuit.
Closely related to this problem is the conflict that a
corporation's attorney must address when speaking to an
unrepresented employee. California Rule of Professional Conduct
3-600 provides that an attorney representing an organization
shall, in dealing with that organization's employees, "explain
the identity of the client for whom the member acts, whenever it
is or becomes apparent that the organization's interests are or
may become adverse to those of the constituent(s) with whom the
member is dealing." Cal. R. Prof. Conduct 3-600(D). The rule
further provides that the attorney shall not "mislead such a
constituent into believing that the constituent may communicate
confidential information to the member in a way that will not be
used in the organization's interest if [the organization] is or
becomes adverse to the constituent." Id.
When engaging in precertification communications, as is equally
true with any communication, a member of the State Bar of
California must comply with the requirements of the Rules of
Professional Conduct. See Parris v. Superior Court of Los
Angeles County, 109 Cal. App. 4th 285, 298 n. 6 (2003)
(observing that counsel for plaintiff must abide by rule 1-400's
prohibitions on false, misleading and deceptive messages in
pre-certification communications with prospective clients). It
does not appear from the record currently before this court that
defendant properly explained to the HMCs it contacted that "the
organization's interests are or may become adverse to those of
the constituent(s) with whom the member is dealing" and that any
information communicated to defendant may be "used in the
organization's interest" if defendant "becomes adverse to the
constituent." Cal. R. Prof. Conduct 3-600. Thus the court finds
that defendant's pre-certification communications were misleading
in at least one instance and, if this one employee was misled, it
is reasonable to assume that other employees, who attorney
Wallock acknowledges were similarly questioned, may have been misled. Moreover, this is a
case that goes further than the employer disseminating
information to its employees; it also involves the solicitation
of signed declarations, thus committing employees who are
potential class members to a set of facts that may be adverse to
their interest and without their having been fully informed of
all aspects of the case.*fn3 The opportunity for mischief is
compounded by the relationship between the employer and the
employee and the coerciveness an employee may feel. Employers and
their attorneys need to be cautious about placing themselves in
an untenable position.
Having determined that defendant's pre-certification
communications with potential class members were misleading and
improper, the court turns to the question of formulating an
appropriate response. Plaintiff has asked the court to issue a
corrective notice to all potential class members, but has
explicitly declined to request that the court restrain defendant
from further pre-certification contact with potential class
members. See Pl.'s Motion at 16. Defendant believes that the
appropriate response would be for plaintiff to depose the authors
of any declarations defendant should later submit to the court.
See Def.'s Opp. at 9.
In the interests of correcting any inaccurate impression left
by defendant's misleading and improper pre-certification
communications with potential class members, and of forestalling
any future problems, the court finds and orders the following:
1. Neither party, including the parties' counsel, may
engage in any further pre-certification
communications regarding this action with any
potential class member unless pre-approved by this
court. Communication undertaken in the regular course
of business is excepted from this restriction.
However, any communications touching upon matters
involved in this litigation are impermissible absent
a court order.
2. Defendant shall provide to plaintiff a complete
list of all potential class members already contacted
for interviews, regardless of whether the individual
consented to an interview or provided a signed
declaration. Plaintiff may depose each of these
individuals for the limited purpose of determining
the content of each individual's conversation with
counsel for defendant and resulting declaration, if
any. 3. The parties shall meet and confer and draft a
notice to be distributed to potential class members
which shall contain a brief summary of plaintiff's
claims, defendant's defenses, and the potential
outcome of the suit should plaintiff prevail. Within
twenty (20) days of the date of this order the
parties shall submit the proposed notice to the court
for approval. Defendant shall bear the costs of
distribution of the notice.
4. The parties also shall meet and confer about the
preparation and distribution of a questionnaire
designed to elicit facts about each individual's
employment with defendant, including but not limited
to dates of employment, job functions, hours worked,
time spent on particular tasks, and manner of
compensation. The parties shall reach agreement on
the questionnaire if at all reasonably possible and
submit it to the court for approval within forty-five
(45) days of the date of this order. Defendant shall
bear the costs of distribution of the questionnaire.
For the reasons stated above, the court DENIES plaintiff's
motion to correct, but ORDERS the parties to comply with the
foregoing on or before the dates ordered.
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decided: February 28, 1974.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES, APPELLANT,v.PENNSYLVANIA POWER COMPANY, APPELLEE
Appeal from the Order of the Court of Common Pleas of Lawrence County, in case of Commonwealth of Pennsylvania v. Pennsylvania Power Company, No. 2 of 1972.
Marvin A. Fein, Special Assistant Attorney General, for appellant.
William R. Balph, Jr., with him Chambers, O'Neill, Nicolls & Balph, for appellee.
Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. President Judge Bowman did not participate. Opinion by Judge Kramer.
[ 12 Pa. Commw. Page 214]
This is an appeal filed by the Commonwealth of Pennsylvania, Department of Environmental Resources (DER) from an order of the Court of Common Pleas of Lawrence County (dated April 19, 1973) dismissing DER's petition and rule to show cause why Pennsylvania Power Company (PPC) and Ray E. Semmler, President of PPC (Semmler), should not be adjudged in contempt of court. This case involves very important first impression questions of law concerning the enforceability of unappealed orders of a regulatory agency (and an order of court) where, in a contempt proceeding for noncompliance, there is a finding of impossibility of performance by a court.
After a complete study of this entire record and upon analysis of the many technical, scientific and engineering points contained therein, it was tempting to issue a per curiam opinion affirming the order of the court below based upon its excellent opinion. However, because of the additional emphasis placed by counsel in their briefs and in arguments before this Court on the legal question concerning the defense of impossibility of performance of a court order in a contempt proceeding, we believe it necessary to file a complete opinion disclosing the basis of our holding. In order to facilitate an understanding of that holding, it is necessary to set forth certain pertinent facts taken from the record and for the most part determined in the findings of fact of the court below.
PPC is a duly certified public utility rendering electric service to the public in western Pennsylvania. It owns and operates an electric generating plant in the Village of West Pittsburgh in Lawrence County. The plant has a production capability of 430 megawatts utilizing five coal-fired steam boilers, which were installed between 1939 and 1964. Following the receipt of several complaints (some dating back to at
[ 12 Pa. Commw. Page 215]
least 1962), officials of DER (and its predecessor agencies) conferred with officials of PPC in an attempt to alleviate the problem through particulate control devices being placed in or attached to the smokestacks. In an attempt to comply with the regulations of DER, PPC installed two new electrostatic precipitators and replaced three mechanical dust collectors with electrostatic precipitators so that the particulate collection efficiency for all of the stacks was set at 98 percent. On January 28, 1969, the Pennsylvania Air Pollution Commission adopted Regulation V, which increased the particulate collection efficiency to 99 percent. On April 22, 1970, the Department of Health issued an order requiring PPC to comply with the Regulation V provisions. It should be noted at this point that in 1970 there were no regulations for the control of sulfur dioxide (SO[2]). PPC filed an appeal from this order with the Air Pollution Commission and a hearing was held. At the hearing (October 15, 1970), it was PPC's contention that it should not be required to meet the new provisions of Regulation V until after the Commonwealth's environmental regulatory agencies promulgated new regulations for the control of SO[2], which were then under consideration. On January 11, 1971, the Air Pollution Commission rejected the contention of PPC and affirmed the order of the Department of Health, extending the time for compliance to June 1, 1971. PPC took no appeal from this adjudication.
By agreement of the parties, the date for compliance was extended to September 1, 1971, and no further extensions were ever granted. Further conferences were held, with no concrete results. Thereafter, on January 12, 1972, DER filed a complaint in equity in the Court of Common Pleas of Lawrence County praying for an order which would mandate compliance with the order of the Air Pollution Commission of January 11, 1971. Just two weeks after the filing
[ 12 Pa. Commw. Page 216]
of this suit, on January 27, 1972, the Environmental Quality Board of DER promulgated its regulations for the control of SO[2] and further amended the regulations with respect to particulate matter. After hearing, the court granted the Commonwealth's motion for a preliminary injunction and on August 7, 1972 and September 1, 1972, the court issued an order which went beyond the prayer of the original petition in that the court took cognizance of the newly adopted (January 27, 1972) regulations and ordered PPC to comply therewith. It ordered PPC to file a plan for compliance by October 7, 1972. It is again to be noted and emphasized that PPC did not take an appeal from any of the orders of court. However, in October 1972, PPC submitted a timely application for approval of its plan to comply with the court order. The record indicates that PPC's application provided for compliance with the particulate control provisions of DER's regulations, but that it did not contain any specific control mechanisms for the removal of SO[2], as required by the new regulations and the court order. Instead, PPC's application provided for the construction of high stacks in order to control SO[2] emissions, and PPC takes the position that such stacks were the only means available to control such emissions.
DER neither rejected nor accepted the application, nor did it request additional information or conferences concerning the application. Instead, on November 20, 1972, DER filed the petition for contempt which instituted the proceeding presently before this Court on appeal. In its complaint, DER set forth generally the facts noted above and prayed for "the incarceration" of Semmler "in a penal institution until such time that the Order of September 1, 1972 is complied with by Penn Power" and the imposition of a fine of twenty-five thousand dollars per day against Penn Power and Semmler until said order was complied
[ 12 Pa. Commw. Page 217]
with. After a complete hearing, the court below on April 19, 1973, dismissed the complaint on the basis that it was "impossible" for the defendants to comply with that portion of the court's order requiring the control of SO[2] emissions under the provisions of "Title 25, Chapter 123, Sections 11 and 22 of the Rules and Regulations." The court further concluded that the conduct of the defendants did not represent a "willful disregard or disobedience" of the court's orders, that the defendants should not be found in contempt, and that PPC's application, as filed, should be incorporated into the court's order of September 1, 1972 as compliance.
In its appeal to this Court, DER challenges the power of the court below to consider the validity of its original order, when that order had never been appealed from and neither party has filed a motion to modify or dissolve the order. DER also challenges the power of the court to substitute its own judgment for that of DER in reviewing rules and regulations requiring minimum limitations on SO[2] emissions. Additionally, DER contends that the evidence of record does not support the court's conclusions that compliance with the orders of DER and the court (September 1, 1972) was impossible and that PPC had acted in good faith in filing its application.
Our scope of review is governed by the provisions of the Act of April 18, 1919, P.L. 72, § 1, as amended, 12 P.S. § 1165. Under these statutory provisions, we are directed to review the entire record to determine whether the court below abused its discretion or committed an error of law. In Commonwealth ex rel. McClintock v. Kelly, 307 Pa. 525, 161 A. 737 (1932), our Supreme Court discussed the similar predecessor act, Act of April 18, 1919, P.L. 72, 12 P.S. § 1165, and found that it requires us in contempt cases to determine whether each finding of fact made by the court
[ 12 Pa. Commw. Page 218]
below had any substantial evidence to support it or could be deduced fairly from the record. Our very careful review of this entire record permits us to conclude that each and every finding of fact made by the court below is supported by substantial evidence.
The basic or controlling finding of the court below is that the order of court (dated September 1, 1972) ordering PPC to comply with the SO[2] regulations of DER was impossible of conformance. Although DER presented testimony of witnesses who believed that in theory it was possible for PPC to construct equipment to meet and conform to the SO[2] regulations, this testimony was weakened by vacillation during cross-examination and contradicted by the direct testimony of PPC's witnesses, which the court below was required to evaluate. The record indicates that all of the SO[2] control equipment, whether found in Japan, in other foreign countries, or in this country, was either (1) of a different size, which experience in the art proved to be significant, or (2) used a different fuel (usually low sulfur) not available to PPC, or (3) failed to produce the desired results, causing either abandonment of the project or extensive redesign and alteration, or (4) was experimental and not proven to be satisfactory at the date of the hearing. All of the technical witnesses seemed to be of the opinion that it would be necessary for a pilot project to be operated successfully for a period from six months to one year before the equipment could be said to be commercially available. The record also discloses another problem which the DER witnesses seemed to say could be solved in theory, but which has not been solved in practice; and that is the disposition of the residue or sludge or sulfuric acids resulting from all of these SO[2] removal and control devices. For example, the Japanese plant referred to in the record dumps its residues into a stream or the sea. Such disposal would
[ 12 Pa. Commw. Page 219]
be completely unsatisfactory in this Commonwealth. It is interesting to note that in this entire record, which discloses historical interaction between DER and PPC, there is not one word concerning any concrete directions or suggestions by any official or employe of DER on how PPC was to reduce SO[2] emissions. DER contends that its responsibility is to issue mandatory rules, regulations and orders without regard as to whether they are possible of performance. This contention may be correct, but it does not mean that a court, in a contempt proceeding, must also pay no regard to possibility of performance. We find that the record contains substantial evidence to support the lower court's conclusion that PPC could not possibly comply with that portion of the court order relating to SO[2] emissions at the time of the trial.
DER contends that the evidence of record does not support the conclusion of the court below that PPC acted in good faith in filing its application. According to DER, there are only two methods of complying with its SO[2] regulations. They are (1) the use of low sulphur fuel or (2) the installation of a flue gas scrubbing device. The record certainly supports the conclusion of the court below that low sulphur fuel is not available to PPC. Recognizing that DER tried this case and wrote its briefs prior to the current energy crisis, it is still noteworthy that DER complained over PPC's refusal to rely upon foreign oil supplies. Recent events certainly attest to the wisdom of PPC's management and the court below in their concern about such foreign oil supply. Whether or not the court was correct in its observation that this case presents a classic example of the Peter Principle, the fact remains that one of the two methods suggested by DER is certainly not available to PPC. As already pointed out, the flue gas scrubbing devices suggested by DER are available in theory only, and are not available and proven from
[ 12 Pa. Commw. Page 220]
an operational or practical standpoint. For instance, DER refers several times in the record to the installation by Duquesne Light Company at its Phillips Power Plant of a sulphur dioxide venturi-type wet scrubbing system; however, at the argument before this Court, counsel for DER frankly admitted that Duquesne's attempt to make this sixty million dollar system work satisfactorily has met with failure. DER also points to the fact that PPC has joined with other utilities in in the installation of such a system at the mammoth Mansfield plant where the pollution control devices will cost an estimated ninety-two million dollars out of a total estimated construction cost of four hundred forty million dollars. The record indicates that PPC has joined in this tremendously expensive experimental attempt to control sulphur dioxide in spite of grave reservations concerning its success. The record conclusively shows that the electric industry, at the direction of governmental regulatory agencies, is spending hundreds of millions of dollars of consumers' money in attempts to abate air pollution. There is no way the record in this case would permit anyone to conclude that PPC is not cooperating or, to put it another way, is acting in bad faith in its attempts to meet the regulations of DER.
There is another procedural aspect to this case which is puzzling to the Court. The lower court's order in the injunction case dated September 1, 1972, refers to approval by the "Bureau" of the plan to be submitted by PPC. The record indicates that there was never any approval or disapproval communicated to PPC of the plan filed in October of 1972. The testimony of DER in the contempt proceeding indicates that Richard H. Zinn, who is the regional air pollution control engineer for Region 6 (which includes Lawrence County) is the employe of DER who received the October 1972 application of PPC. There is nothing in this record
[ 12 Pa. Commw. Page 221]
to indicate whether DER or the "Bureau" passed upon this application. The record indicates that Mr. Zinn alone passed upon the acceptability of the application. He stated that it was his opinion that the application would not meet the SO[2] standards set forth in Section 22, and that he decided that there was not sufficient engineering data submitted for him to make a judgment on the particulate removal plan submitted. He further admitted that he would have been able to determine the sufficiency of the application with additional technical information. He frankly admitted that such additional information was not requested. Instead, DER proceeded with its contempt proceeding complaint. Zinn also stated that it is not the policy of DER to assist citizens in solving pollution problems but rather only to enforce the regulations. This record shows a rather startling lack of communication between DER and PPC but it in no way supports a conclusion that PPC did not act in good faith in filing its application.
Although we conclude that PPC acted in good faith, we must at the same time mention the inappropriateness of the procedure followed by PPC in this case. A review of that procedure causes us to be very critical of the failure of PPC to contest the possibility of performance by way of an appeal from any of the DER orders. This tack created a dangerous risk; for if the court below had found that any method for reducing SO[2] emissions from PPC's smokestacks was possible to install, this Court would have had no alternative but to uphold the requested sanctions for contempt. The failure to take the administrative procedural protections available to a citizen from an order of a regulatory agency is not to be condoned. It was likewise questionable for PPC not to take an appeal from the order of court dated September 1, 1972, which ordered compliance with DER's SO[2] regulations. DER's injunction petition requested enforcement of the particulate regulation
[ 12 Pa. Commw. Page 222]
in existence on January 12, 1972 (i.e., § 11 of Chapter 123 of Title 25 of the Rules and Regulations of DER). It was only after the lawsuit had been filed that DER promulgated Section 22 regulations dealing with SO[2] emissions. The court ordered compliance with these new regulations even though DER had not yet ordered PPC to comply with them. It would appear that DER was satisfied with the October 1972 application of PPC insofar as it complied with the particulate regulations. However, PPC must have realized that its application did not constitute compliance with that portion of the court order pertaining to SO[2] emissions. PPC should have appealed the court order and raised the issue of possibility of performance in its appeal.
A careful reading of the record shows that the court below was aware of the difficulties PPC faced in attempting to comply with the court order. The amended order of court of September 1, 1972, reads as follows:
"It appearing, as the result of briefs submitted and oral argument, that since the institution of this suit, the Commonwealth of Pennsylvania has enacted new regulations governing particulate matter emissions and relating to the control of sulphur dioxide, and it further appearing that the defendant, Pennsylvania Power Company, is willing to comply with the newly enacted regulations in these matters, it is now therefore Ordered, Adjudged and Decreed that:
(1) Within sixty (60) days from August 7, 1972, defendant [PPC] shall submit to the Bureau an application pursuant to the provisions of Title 25, Chapter 127, Section 11 of the Rules and Regulations for the construction or installation of air pollution abatement equipment at tis [sic] electrical generating station in Taylor Township to control particulate matter emissions and sulphur dioxide emissions to within the limits specified in Title 25, Chapter 123, Sections 11 and 22
[ 12 Pa. Commw. Page 223]
of the Rules and Regulations. Upon approval by the Bureau, the approved plan shall become incorporated as a part of this Order.
(2) The air pollution abatement equipment in the above approved plan shall be installed and operating in compliance with a permit issued under Title 25, Chapter 127, Section 21 of the Rules and Regulations, by July 1, 1975.
It is further ordered that a Decree supplemental hereto shall be entered dealing with defendant's responsibility to comply with the adjudication of the Air Pollution Commission dated January 11, 1971, in lieu of defendant being required to apply for a variance under Title 25, Chapter 141 of the Rules and Regulations."
There was also a supplemental order of court, not specifically mentioned by DER, which amended the above-quoted order. In the December 12, 1972 supplemental order, specific provisions were made restricting the type of fuel to be burned during specific periods. That order concludes with the following very interesting provision:
"5. Notwithstanding the provisions set forth in paragraph three above, if defendant's compliance with the provisions of paragraph three above became impossible due to third-party inadequacies or third-party supplier's inability to supply materials necessary for defendant's compliance, then during such periods, defendant may be excused from complete compliance herewith upon a proper showing to this Court." (Emphasis added.)
This supplemental order was, of course, issued subsequent to the filing of the petition for contempt, but before the first hearings on the contempt petition. The point is that in this supplemental order, the court below was conscious of the fact that it might be impossible to comply with some portions of its order.
[ 12 Pa. Commw. Page 224]
Another contention of DER is that the court below erred by substituting its own judgment for that of DER in reviewing a DER regulation. There is no merit to this contention. In this contempt proceeding the validity and wisdom of the DER regulations are not at issue. The question is not whether PPC failed to comply with DER's regulations; rather, the question is whether PPC and its president can be found to be in contempt of court for a failure to perform the affirmative duties and responsibilities placed upon PPC by the court. In other words, it is for the court to determine whether PPC has violated a court order and not whether PPC has satisfied DER.
At the argument before this Court, it was the position of DER that the courts should only look to determine whether there has been performance of an unappealed order of court. DER argues that if possibility of performance could have been raised at the hearing on the injunction, then this defense cannot be raised in a hearing for contempt because of failure to fully perform the order of the court. Counsel for DER quite frankly stated that the defense of impossibility of performance is not available to PPC in light of its failure to either appeal the original injunction order or to seek a modification of it. We find no merit in this argument. The purpose of sanctions in a civil contempt proceeding of this nature is "to coerce the defendant into compliance with the court's order" and therefore in such a proceeding a court must consider "the probable effectiveness of any suggested sanction in bringing about the result desired". Brocker v. Brocker, 429 Pa. 513, 521, 241 A.2d 336, 339 (1968). To impose sanctions on PPC in an attempt to force it to perform an impossible act would be both meaningless and unjust.
The defense of impossibility of performance is available to a defendant in a contempt proceeding. It has
[ 12 Pa. Commw. Page 225]
been held that where the defendant cannot perform the duty ordered, and where that inability is not due to the actions of the defendant himself, that impossibility is a defense. F.T.C. v. Baine, 308 F. Supp. 932 (N.D. Ga. 1970), Arlington Seating Co. v. New Philadelphia School District, 317 Pa. 179, 176 A. 221 (1935).
DER cites Bortz Coal Co. v. Commonwealth, 2 Pa. Commonwealth Ct. 441, 279 A.2d 388 (1971) and Commonwealth v. Harmar Coal Co., 452 Pa. 77, 306 A.2d 308 (1973) for the proposition that impossibility of performance is not a defense. Our review of these two cases permits us to conclude that this Court and our Supreme Court have held in those cases that the rules and regulations of DER must be reasonable. In neither of these cases did the respective companies challenge the reasonableness of the regulation as PPC has done in this case. Therefore, these cases are inapposite for DER's purposes. DER's reference to Bortz and Harmar does raise a question in our minds, however, on where the lines must be drawn on constitutional rights and consistency. As the record specifically indicates in this case, under DER's approach to PPC's air pollution problems at West Pittsburgh, the company was faced with only two alternatives. It either had to file an application as reasonably close to compliance as the art and technology permit or close the plant down. DER's position in the coal mine and coke oven cases was to close them down. The practical end result of the Bortz case was to put out of business all beehive coke ovens in the Commonwealth because the record showed that no such operation could comply. In this case, however, DER, for obvious reasons, does not suggest closing down an electric plant. Instead, DER seeks to place in jail the president of PPC and fine the company and its president twenty-five thousand dollars per day until such time as the engineers, technicians and other air pollution experts find a practical and operative solution
[ 12 Pa. Commw. Page 226]
to the problem or in the alternative, until PPC gambles the revenues of its consumers on pollution control equipment which to this date has not been proven successful anywhere in the world. There is no way the court below or this Court can permit such a travesty of justice, especially since we must presume, in ascertaining legislative intent, "that the General Assembly does not intend a result that is absurd, impossible of execution or unreasonable." See Statutory Construction Act of 1972, 1 Pa. S. § 1922.
One remaining word on impossibility must be included, as it applies to the use of higher smokestacks by PPC to control SO[2] emissions. PPC contends that this proposal was the only available practical solution which would meet as closely as possible the SO[2] regulations of DER. Although DER contends that higher stacks will not meet fully the regulations of Section 22 (and the record fully supports that contention), the record supports the lower court's findings and conclusions that under the present state of technology the higher stacks proposed by PPC in its October 1972 application are as close as PPC can come to compliance with such regulations.
In summary, because of the extraordinary importance of this case, we have expended considerable time reading and rereading this record together with the applicable law, and we can come to no other conclusion than that there is substantial evidence in the record to support all of the findings of the court below. Therefore, it did not abuse its discretion. Furthermore, the defense of impossibility was properly applied in the contempt proceeding, and therefore, the court below did not commit an error of law. We must affirm.
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2114 Cherokee St. | St. Louis, MO 63118 | 314-664-1234 | email@example.com
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This is a pristine condition Pete Thomas PPT series mouthpiece for the tenor sax. This is one of the Onyxite pieces, made from a resin material developed by Ed Pillinger. This is a handmade custom mouthpiece. It is stamped a 7* and measures true at .105". The piece shows virtually no physical wear. A good piece for jazz. Comes in its original box.


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The Governor's School's music students will perform in Greenwood and Abbeville for the 2016 Share the Music Tour
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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Term Paper:
If we consider the fact that Juno's goal, although not known to her at this point, is to end up in the end with Bleeker, this midpoint makes the character seem farthest from reaching her goal.
I think that this midpoint divides the first and second act because of the relationship between Juno and Bleeker. As mentioned, at this point, their relationship seems to no longer have any potential future, while the first act has always left this possibility in the open, as we could still see them interacting in the same manner and getting along.
5. The break-up in the adoptive couple is also essential and we can probably identify this as a second plot point, despite the fact that the previously presented midpoint is also important as a plot point (I have selected this, however, as the plot point because it seems to have more influence on the third act and the eventual finalization of the plot).
The break-up leaves Juno with a serious dilemma, because, as she herself had grown up in a split family (her father had remarried), she wanted to see her child grow up in the perfect, loving family. If the two break up, this seems no longer likely. Again we see the potential perspective that Juno will keep her baby, especially given the support she receives from her father and her stepmother.
We have shown previously that the first plot point was the one that actually triggered the whole development of the plot, because Juno decides not to have an abortion, which leads to her keeping the baby, trying to find an adoptive family and introducing the adoptive couple into the movie. The second plot point leaves serious questions about what will happen with the two adoptive parents who have decided to divorce. The viewer will wonder whether, as they move their separate ways, they will still be able to get the baby, what will be their own trajectories, what will be the influence on Juno and her own linear evolution, etc. Both their storylines are likely to affect act three.
6. The third act results from the second turning point because, despite the couple's divorce, Juno still decides to give the baby up to the adoptive mother, recognizing in her all the necessary qualities for her to make a good mother. The way this develops the act leaves every story element resolved, with Juno being able to start again her life as a normal teenager.
As such, with the baby being given up for adoption to the perfect mother, Juno is able to see that her relationship with Bleeker is more important than she initially may have thought and that his feelings towards her are similar. In an incipient gesture, she fills his mailbox with orange Tic-Tacs, his favourite, and they sort everything out at the track. Similarly, the adoptive mother is shown before at the hospital receiving Juno's baby, along with the message from Juno that she will make a great mother.
On this note, it is interesting to see that the only character who is somehow left out without a certain resolution referring to his person is the former adoptive father. He simply leaves to start a new life as a musician, which has always been his dream, but we do not know and are not sure how this is likely to turn out. In a certain way, it does seem that he is left out of the happy ending to try and sort out all his dilemmas.
7. I think that the movie "Juno" does represent a good and workable example of Field's 3-act paradigm in practice and that they do follow on Field's symmetrical proportions as well. As we have previously shown, the elements that Field introduces in his paradigm, including the turning points or the inciting incident, which are important elements in generating the other acts of the movie.
As we have seen, these elements also help determine the evolution and characteristics of the main characters. Without the second turning point, for example, we would not have been able to see that Juno's decision will actually be based on the fact that the adoptive mother is so suited for the job and that the adoptive…[continue]
"Juno And The 3 Act" (2008, June 13) Retrieved December 8, 2016, from http://www.paperdue.com/essay/juno-and-the-3-act-29347
"Juno And The 3 Act" 13 June 2008. Web.8 December. 2016. <http://www.paperdue.com/essay/juno-and-the-3-act-29347>
"Juno And The 3 Act", 13 June 2008, Accessed.8 December. 2016, http://www.paperdue.com/essay/juno-and-the-3-act-29347
One critic states, for instance, that for the liberal nature of the film, the work does not actually promote the 'pro-choice' message that is so important to many women. This critic is Gloria Feldt, who is an author, activist, and is the former president of Planned Parenthood. She knows the experiences portrayed in the move well, in fact, firsthand, since she was a teenage mother once. Feldt states, "The dialogue
Abortion trends varied widely by state as well. "Teenage abortion rates were highest in New York (41 per 1,000), New Jersey, Nevada, Delaware and Connecticut. By contrast, teenagers in South Dakota (6 per 1,000), Utah, Kentucky, Nebraska and North Dakota all had abortion rates of eight or fewer per 1,000 women aged 15 -- 19. More than half of teenage pregnancies ended in abortion in New Jersey, New York and
Estruscans refers to a sophisticated and seafaring persons from Asia Minor who appeared in Italy about 800 BC settling in Etruia, North of Latium. This group soon gained control of the Latins thus the introduction of the Greek cultur to the more primitive Romans. The influence was vital in the domination of the Roman interaction and way of life for two critical centuries. The group was also great at
There isn't one time in the film that Martin doesn't act out of passion. Unlike Oedipus, Martin does not choose blindness but rather it is a result of his passion and desire for Mini. Watching Mini's First Time, the audience has a sort of god-like perspective as perhaps the audience felt in one of the great Greek theatres. As one watches the film, there is a definite feeling that it
Aeneas' detachment differ from Rama's? The French philosopher Simone Weil once wrote that, "There is no detachment where there is no pain. And there is no pain endured without hatred or lying unless detachment is present too." In the Aeneid and Ramayana a central issue is how each text's protagonist detach themselves from the consequences of their actions. The greatest juxtaposition can be seen in how the two men respond
"Alas!" said one, "what oceans yet remain For us to sail! what labors to sustain" (Book IV). Playing on their already frustrated emotions, they are quick to succumb when "the goddess, great in mischief, views their pains" (Virgil Book V). Stirred-up by the goddess, the women set fire to the ships, only to have them put out by the Trojans with some assistance from the gods. Thus, this is just another example in
Another difference worth mentioning is also of economic nature and refers to the Great Depression of 1929-1933. While the Italian fascism emerged in the context of internal problems, the German fascism was driven by international economic crisis. The fall of the American market, the primary creditor of the defeated countries, meant that the financial resources would stop coming from across the ocean, and the economic condition was in even grater


text:
Skeleton Boomerang
A downloadable game for Windows
You've got a boomerang and you fight skeletons. You can rack up a high score by getting combos (defeating multiple enemies in a single boomerang throw), and get upgrades.
This version of the game includes 3 new stages, 4 challenge areas hidden across the overworld, new overworld graphics, an opening + title screen, new music from DimWiddy, and a bunch of other little things.
In addition it still includes the 6 stages and 2 bosses from the previous demo, as well as tracks from fjant felix and SymphonicGames
Arrow keys - Move/Select menu items
Z - Jump
X - Throw boomerang
X (while boomerang is out) - activate technique
C - Roll (even works on the overworld now!)
A - Change boomerang
S - Change technique
Enter - Pause/Initiate selected menu items
M - Increase music volume
N - Decrease music volume
F4 - Change screen size
Y - Open locked stages on the overworld
Left mouse click - Drag the player around on the overworld
Music credits:
fjant felix - Good Ass Jam: Snow/Ice stages
fjant felix - That's Not My House!: Graveyard stages
SymphonicGames - A Brief Interlude: Overworld
SymphonicGames - Halt!: A Fast Getaway: Boss
SymphonicGames - My Favorite Thing Is BASS!: Coast stages
SymphonicGames - Rockin All Night: Cliff stages
DimWiddy - Counting to One: Opening
DimWiddy - Hit the Ground Running: Title
DimWiddy - The Wandering Samurai of Snow: Japan stage
DimWiddy - Racing Seals: Bonus
|149 days ago
|In development
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Village Jewelry & Sports Inc
119 E Alabama St Butler, Alabama 36904(205) 459-3348 Website
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AboutVillage Jewelry & Sports Inc is located at the address 119 E Alabama St in Butler, Alabama 36904. They can be contacted via phone at (205) 459-3348 for pricing, hours and directions.
Village Jewelry & Sports Inc has an annual sales volume of 0 - 500K. .For more information contact Larry Jimerson, Owner or go to v-j-s.com
For maps and directions to Village Jewelry & Sports Inc view the map to the right. For reviews of Village Jewelry & Sports Inc see below.
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Key Contacts
- Larry Jimerson
- Phone: (205) 459-3348


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Apartment in Portals Nous, Mallorca - Peaceful Location, Two Minutes Walk from Beach and Marina
This luxurious apartment has been completely refurbished to a very high standard. The wonderful, large (50 metres) relaxing terrace offers a sofa area, splendid to enjoy those balmy evenings and a glass of chilled wine. Enjoy a pool and garden view from this terrace which also enjoys lots of sunshine. Dine alfresco. There is a ceiling fan above the sofas to keep you cool. This marvellous apartment offers a spacious master bedroom and en-suite shower room. The twin bedroom has a trendy bathroom en-suite. Las Terrazas is close to many superb golf courses and just a few minutes level walk to sandy beaches and the exclusive shops, cafes and restaurants of Puerto Portals. There is also a private stairway access, ninety steps - to the Beach and Port from the Pool of Las Terrazes, or you can walk to Capuccinos in 5 minutes. The village of Portals Nous is a 2 minute walk offering a supermarket, shops, restaurants, banks, car hire, beauty salons. Happy to send more photos.
About the Owner
Guestbook comments from the owner
"Thank you so much for an excellent holiday. Your apartment is beautiful and you have everything a family needs for a superb holiday. The terrace on an evening was especially magical, we certainly enjoyed the relaxing sofas on the terrace. Cannot wait to see you again next year' The Bristol Family. "Hello Joanne, what a fantastic holiday, with the most amazing pool, stunning views and marvellous apartment. The kitchen was fabulous and well stocked with every utensil and item that we might need and so clean. We also enjoyed the marvellous restaurants in the Portals Nous marina and also the village. Highly recommend - Chamellis Port alt in the village, and Wellies at the marina - this is by the church with lovely views. We look forward to our return visit" Cynthia, Peter and Family. "Great apartment, wonderful location, comfy beds and the terrace - wish we could take it back to Warwickshire. We loved every minute of our holiday and hope to come back to Mallorca in 2011." Family Webb.
0 Reviews
Activity and Interests
A beautiful sandy beach with sunloungers and beach bar is two minutes walk down private steps which are located in the gardens. There is also another beach next to Marineland - a dolphin and sealion show for children. Plus a lovely little beach cove to the other side of Portals Nous. The South West offers amazing beaches - Palma Nova - 3 beaches, Magalluf, Santa Ponsa, Paguera, El Toro, Costa de la Calma, San Telm, Illetas. More information in the apartment.
Palma Airport is just 15 minutes from the airport costing approximately 25 Euros.
If you wish to explore the island, car hire and buses are available in the village. The beautiful city of Palma is just a 10 minute taxi ride away.
If you wish to just relax all beaches, shops and restaurants are within a couple of minutes walk.
The Village of Portals Nous is a 2 minute walk. The Beach and Marina are a 2 - 3 minute walk. The City of Palma is a 10 minute drive. The Airport is a 15 minute drive.
Further Details:
You will find supermarkets, shops, restaurants, banks and car hire both in the village of Portals Nous and at the Port.
There are also excellent clay tennis courts nearby and Marineland which has a brilliant dolphin show.
Rental rates
|Rental Period
|Minimum Price
|Additional Nights
|Weekend Night
|Event Price
Standard price
7 night minimum stay
for 7 nights
Additional pricing information
|No additional mandatory fees
|Refundable Damage Deposit
Booking Notes:
We require an initial deposit of £100.00 to confirm a Booking and the remaining balance is payable six weeks prior to departure.
Changeover Day:
Time of arrival 3.00pm. Time of departure 11.00am. There is no specified arrival date as long as it fits in with the booking calender.
Notes on prices:
10% Discount on two week booking
£100.00 deposit is payable on booking and remaining balance and Security Deposit payable six weeks prior to departure
The Security Deposit is credited back into Holidaymakers account once the keys have been returned and the apartment checked
Owner's Cancellation Policy
- 12
- Available arrival
- 12
- Available
- 12
- Unavailable
Property Type
- apartment
- Air Conditioning
- Heating
- Internet
- Iron & Board
- Living Room ...
- Tumble Dryer
- Washing Machine
- Dishwasher
- Freezer
- Kitchen ...
- Microwave
- Oven
- Refrigerator
- Hob
- Dining Area
- Satellite / Cable
- Television
Pool / Spa
- Communal Pool
Location Type
- beach
- village
- Bathroom 1 - Toilet, Bath (no shower), Shower Enclosure
- Shower room 1 - Shower Enclosure
- En-Suite Bathroom to Bedroom 1 with Walk-in Shower, WC. En-Suite Bathoom to Bedroom 2 with Bath/Shower Over, WC.
- 2 Bedrooms, Sleeps 4
- Bedroom 1
- Bedroom 2
- Description of sleeping capacity: Sleeps 4 (2 Bedrooms) Notes on bedrooms: Bedroom 1 with King Size Bed, 20" LCD TV and dressing room area, with garden views. Bedroom 2 with two single beds. Air-conditioning/heating in both bedrooms.
- Golf ...
- Garden
- Self-catering
- Notes on accommodation: Suitable for children - cot and highchair available on request. Outside: The outside terrace is accessible from the lounge and includes a dining table and chairs, a three seater and two one seater chairs with coffee table. A beautiful large swimming pool, suitable for children, with sun loungers and views over the sea and Puerto Portals. Cleaning / Towels / Linen / Maid service: The Apartment is supplied with ample Towels and Linen but is Without Services. Other: Please note that there are 50 steps to this apartment and there is no lift.


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Details of this Paper
S.F. State FIN 355 Quiz 2 Multiple Choice Questions
Question;QUIZ 2Quiz Paper A 1, Quiz Paper B 6Which one of the following measures a bond's sensitivity to changes in marketinterest rates?a. yield to callb. yield to marketc. durationd. immunizatione. target date valuationJJ Industries will pay a regular dividend of $2.40 per share for each of the next fouryears. At the end of the four years, the company will also pay out a liquidatingdividend, and the company will cease operations. If the current share price is $50and the discount rate is 10%, what must the liquidating dividend be?a. $40b. $50c. $58.60d. $62.07e. $65.87Quiz Paper A 3, Quiz Paper B 8An 8.5 percent coupon bond pays interest semiannually and has 10.5 years tomaturity. The bond has a face value of $1,000 and a market value of $878.50. Whatis the yield to maturity?a. 5.16 percentb. 8.37 percentc. 8.78 percentd. 10.43 percente. 11.21 percentQuiz Paper A 4, Quiz Paper B 9LKD Co. has 10 percent coupon bonds with a YTM of 8.6 percent. The currentyield on these bonds is 9.2 percent. How many years do these bonds have left untilthey mature? (Face value is $1,000 and coupons are paid semiannually.)a. 18.52 yearsb. 18.14 yearsc. 9.26 yearsd. 9.07 yearsQuiz Paper A 5, Quiz Paper B 10Atlantis Seafood Company stock currently sells for $70 per share. The company isexpected to pay a dividend of $4.35 per share next year, and analysts project thatdividends should increase at 4.5% per year for the indefinite future. What must therelevant discount rate be for Atlantis stock?a. 7.869%b. 8.255%c. 10.334%d. 10.714%e. 10.994%Quiz Paper A 6, Quiz Paper B 16Landon Air Corporation reported net income of $25 million for last year.Depreciation expense totaled $10 million and capital expenditures came to $3million. Free cash flow is expected to grow at a rate of 3% for the foreseeable future.Landon Air faces a 35% tax rate and has $100 million (market value) in debtoutstanding. If required return on Landon Air?s assets is 10.65%, what is the currenttotal value of Landon Air's equity (in millions)?a. $296.21b. $318.30c. $330.85d. $418.30e. $430.85Quiz Paper A 7, Quiz Paper B 17Which one of the following rates is used by brokerage firms as the basis fordetermining margin loan rates?a. discountb. Fed fundsc. primed. brokeragee. call moneyQuiz Paper A 8, Quiz Paper B 18An increase in the retention ratio will:a. increase the payout ratio.b. decrease a firm's sustainable rate of growth.c. not affect the value of a firm's stock.d. decrease the value of a firm's stock.e. increase the value of a firm's stock.Quiz Paper A 9, Quiz Paper B 19Which one of the following orders is frequently used as a means to limit lossesresulting from a short sale?a. limitb. marketc. dayd. stop-selle. stop-buyQuiz Paper A 10, Quiz Paper B 20Which one of the following rates is the rate a commercial bank must pay the FederalReserve to borrow reserves overnight?a. Fed fundsb. discountc. financial overnightd. dailye. institutionalQuiz Paper A 11, Quiz Paper B 1A Treasury bill has 36 days left to maturity. The bank discount yield on the bill is4.14 percent. What is the effective annual rate?a. 4.30 percentb. 4.36 percentc. 4.40 percentd. 4.45 percente. 4.49 percentQuiz Paper A 12, Quiz Paper B 2A discount bond:a. has a coupon rate which is greater than the yield to maturity.b. has a coupon rate which is less than the market rate of interest.c. has a par value which is less than the market value.d. is selling for more than face value.e. is the name given to a bond that has been called prior to maturity.Quiz Paper A 13, Quiz Paper B 3Best Value Outlet recently announced that it intends to pay dividends of $0.40,$0.60, $0.75, and $1.00 per share over the next four years, respectively. After that,the plan is to increase the dividend by 3.5 percent annually. What is the current valueof this stock if the applicable discount rate is 13.5 percent?a. $6.44b. $7.83c. $8.17d. $9.55e. $13.10Quiz Paper A 14, Quiz Paper B 4Which one of the following models can be used to value the stock of a firm thatmaintains a one hundred percent retention ratio?a. two-stage dividend growthb. residual incomec. perpetual dividend growthd. supernormal dividend growthe. dividend discountQuiz Paper A 15, Quiz Paper B 5Pure discount bonds which are created by separating the interest and principalpayments from U.S. Treasury bonds are called U.S. Treasury:a. notes.b. bills.c. STRIPS.d. SWAPS.e. tax-exempts.Quiz Paper A 16, Quiz Paper B 11A price-weighted index consists of stocks A, B, and C which are priced at $38, $21,and $26 a share, respectively. The current index divisor is 2.7. What will the newindex divisor be if stock B undergoes a 3-for-1 stock split?a. 2.1684b. 2.2553c. 2.5890d. 2.7000e. 3.1447Quiz Paper A 17, Quiz Paper B 12Which of the following strategies is most likely to yield the best interest rate riskimmunization results for a bond portfolio?a. Maturity matchingb. Duration matchingc. Buy and holdd. Investing in interest rate-sensitive stocks.Quiz Paper A 18, Quiz Paper B 13GL Enterprises has 130,000 shares of stock outstanding. Janet wants to sell 400 ofthese shares. The price she will have to pay is the _____ price.a. marginb. bidc. askd. brokere. spreadQuiz Paper A 19, Quiz Paper B 14You own a bond that pays semiannual interest payments of $40. The bond is callablein 3 years at a premium of $80. What is the callable bond price if the yield to call is9.7 percent? (The face value of this bond is $1,000.)a. $995.46b. $1,016.86c. $1,119.02d. $1,124.87e. $1,220.87Quiz Paper A 20, Quiz Paper B 15The _____ theory states that the shape of the yield curve reveals the financialmarket?s projections of future interest rates.a. market segmentationb. market yieldc. maturity preferenced. expectationse. rational rate
Paper#49608 | Written in 18-Jul-2015Price : $21


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Thanks for helping!
If you are in Toledo the monastory is worth a visit as long it is not a first choise of places to visit.
The mix of architecture styles makes this monastery well worth visiting. The restoration job is excellent. Don't miss Gothic cloister with its Mudejar ceiling.
This is a particularly beautiful monastery. The attention to detail is amazing, the art breathtaking and the garden in the middle just beautiful. When there do not miss the chains of the freed former prisoners outside the building.
Very interesting to visit, better if you buy the collective ticket bracelet which allow you to visit several other places.
I've visited many churches, monasteries and sanctuaries in Europe and Spain. This one is pretty impressive and nice inside but more info in English would make learning about it much better.
I can't figure out what the chains are for hanging on the outside, quite fascinating.
This was a very fascinating place as most of the places are in Toledo. Lots of significant history hear and such a beautiful work of architecture and art. Two things to remember here before you show up. First, buy the $9 wristband that gets you in to about 8 other sites throughout the city. They sell it at lots of...
A very large monastic church, with provision for Royal Tombs. There is a charge for entry, but it is worth paying. Wonderful two decker cloister, with excellent carving. Sadly we were unable to enter the library. More information in English would have made the experience even better.
Fascinating chapel that was originally built to inter Isabella and Ferdinand.
You enter through the old dining hall, with some intriguing carvings over the door. Then you pass a stairwell that has seen some better days.
The cloister has fantastic carvings that you can view from 2 levels, with allegorical figures on every post and corner. There is lovely woodwork...
We took the Hop on Hop off bus from the train station, and got off at Puente San Martin. It's a steep climb to this early Renaissance monastery, but we were rewarded when we entered the peaceful church and cloister. It's definitely worth a short visit. You can purchase the Toledo tourist bracelet here.
Very nice site but certainly not the first and most important thing to see, I expected it to be much more. There are some lovely pieces of artwork in the Monastery but I would say an hour is all the time you need if that. The church is lovely but it is not open all of the time. The view...
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|Welcome to a stunning selection of holiday homes for sale and for rent near Olu Deniz and Fethiye in sunny Turkey.
We are delighted to welcome you to Artemisia Property Sales & Rentals... the specialist in stunning holiday homes on the beautiful Mediterranean south western coastline in Turkey.
We feature the magical south western coastline of Turkey that offers some of the best scenery and beaches in Turkey. Olu Deniz is simply stunning with it's famous "Blue Lagoon"
Artemisia Property Sales and Rentals are a specialist in this part of Turkey and have staff based both in the UK and on the ground in Turkey.
Offering 3 seperate villa resorts in the pretty hillside resort of Ovacik which sits in the shadow of Mount Babadag and over looking the Hisaronu valley running down to the sea at Olu Deniz.


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Doctor's Office Kids Gameplay Tips and Strategies
- App name: Doctor's Office Kids
- Developer: SMehdi Nabavi
- Genre: Educational
- Release: Aug 5, 2013
Let's play Doctor's Office Kids on iOS. In this part of the walkthrough, you will learn more tips and tricks while playing the Doctor's Office Kids game on the iPhone.
Gameplay Walkthrough
This page contains Doctor's Office Kids video walkthroughs for iOS (iPhone/iPad) called "caillou check up - doctors office game | top best apps for kids" and has been uploaded on Admin official channel at Nov 7, 2014.
Still need help with this level? Here you can ask questions and discuss with other Doctor's Office Kids users.
Hit like if this helped you!
Stuck on some levels in Doctor's Office Kids? This walkthrough can help you finish the game.


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Ratings based on 546 Verified Reviews
They paid and stayed. We double-checked.
4.4 Room cleanliness
4.2 Service & staff
4.3 Room comfort
4.3 Hotel condition
Expedia Verified ReviewsThey paid and stayed. We double-checked.
by A verified traveler
Nice and cleanPosted Dec 2, 2016
Night manager was very helpful. Room was clean. Pizza place nearby had good food.
by A verified traveler from US
Posted Nov 27, 2016
Breakfast was good. Clean area. No carpet in room made floor very hard to walk on glad I had slipper socks
by A verified traveler from US
Good hotel. Close to freeway and shoppingPosted Nov 26, 2016
Good hotel. Breakfast was decent. Staff was very nice. Beds are a bit hard but not too bad. Overall a good stay. Would recommend.
by A verified traveler from US
Barking dogsPosted Nov 24, 2016
Dogs barking woke us up numerous times. Maid let out one person's dog. Pool is not very inviting.
by A verified traveler from utah
Very nice stay and good beds & pillows.Posted Nov 22, 2016
Would stay again. Staff was pleasant and helpful. Room was very clean and beds comfortable.
by A verified traveler from US
I will stay againPosted Nov 15, 2016
Pros: There is no hassle with pets and they are free. Large room, kind staff and a reasonable price.
Cons: Didn't find anything lacking for our 1 night stay. This program wants me to add a bit more to my review but what can I say. The place was pretty good.
by A verified traveler from US
Posted Nov 14, 2016
It was a great experience staying there. No complaints.
by A verified traveler from US
Held informationPosted Nov 7, 2016
Staff failed to mention, must be 21 to check in had to cancel my reservation
by A verified traveler from Richmond, United States of America
Very clean, up to date, roomy. Great location.Posted Oct 18, 2016
Pros: Everything. I am considering staying at la Quinta Inns from now on if they are all like this.
Location: Breweries, convenience store, shopping.
Great location, roomy and up to date. Close to I-15 but far enough away to provide quieton the other side.
by A verified traveler
Posted Oct 13, 2016
Friendly front desk personal, clean room, quick service, good hot breakfast fresh fruit,close to freeway,plenty of restaurants close by.


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Smack Tomato Gameplay Tips and Strategies
- App name: Smack Tomato
- Developer: Vita Stone
- Genre: Action
- Release: Jan 5, 2012
Let's play Smack Tomato on iOS. In this part of the walkthrough, you will learn more tips and tricks while playing the Smack Tomato game on the iPhone.
Gameplay Walkthrough
This page contains Smack Tomato video walkthroughs for iOS (iPhone/iPad) called "tomato smack cam" and has been uploaded on Admin official channel at May 15, 2015.
Still need help with this level? Here you can ask questions and discuss with other Smack Tomato users.
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Stuck on some levels in Smack Tomato? This walkthrough can help you finish the game.


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Maria KanellisMaria Louise Kanellis
- Birthdate: 02/25/1982 (age 34)
- Height: 5'7"
- Weight: 115 Ib
She is best known for her time with World Wrest...
"Rough House is a gritty, action-packed horror movie and comic book series that combines the brutal fight scenes of Fight Club with the twisted horror of Texas Chainsaw Massacre.
An athletic young woman known only as "The Girl" is kidnapped and thrown into a bizarre world of gladiator-style mixed martial arts contests gone horribly wrong. She soon proves herself able to hold her own in death matches against colorful masked killers with names like Bone Job, Baby Fat, and Skeeter the Devil Boy. As her psyche is worn down by brainwashing and drugs, she becomes more and more of a stone cold killer herself. She must decide whether she still wants to escape the Rough House or stay focused on her true target, the ringleader called "Big Daddy"."


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ERIC Number: ED172948
Record Type: RIE
Publication Date: 1979-Mar
Pages: 15
Abstractor: N/A
Reference Count: 0
A Dimension of the Family as Educator: Mother as Teacher.
Slaughter, Diana T.
This report compares two parent education groups with a control group on three measures of maternal knowledge and attitudes. The subjects were low income Black mothers with 18- to 24-month-old toddlers as of the beginning of the 2-year programs in 1974. The two programs were Levenstein's Toy Demonstration Program, in which mothers (N=26) observed demonstrators modeling playing with their children in the home, and a mothers' discussion program, in which the mothers (N=26) shared experiences of personhood, home and family life. There were 31 control group mothers. The three measures employed in interviews were (1) maternal individuation (expressions of sensitivity to the child's needs as a developing person and openness to alternative perspectives on controlling children's behavior), (2) ability to give developmental explanations of child behavior and (3) expressed perceptions of the mother's role as a teacher. Although significant differences among groups were found at the end of the first year, they were not found at the end of the second year. Findings are presented in three tables. (Author/BH)
Publication Type: Speeches/Meeting Papers; Reports - Evaluative
Education Level: N/A
Audience: N/A
Language: English
Sponsor: National Inst. of Child Health and Human Development (NIH), Bethesda, MD.; Grant Foundation, New York, NY.
Authoring Institution: N/A
Identifiers: Levenstein Toy Demonstration Program
Note: Paper presented at the Biennial Meeting of the Society for Research in Child Development (San Francisco, California, March 15-18, 1979)


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In bowl, combine chicken, apple, onion, sour cream, mayonnaise, coriander, salt and pepper. Cover and refrigerate at least 1 hour.
Fill pastry shells with mixture and garnish with green onion.
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Hotels in Road Town
Selection of 12 cheap hotels in Road Town with prices from
Hotel reservation
Virgin Islands, British
Road Town
Hotel rooms in Road Town
There are not so many hotel rooms in Road Town, just 12, still everyone can find an offer to suit his choice. The most common offers in this city are 3 и 4 stars, they count 4 out of 12, and their prevalent location is central district. According to our practice, it is the most profitable to book a hotel in the south of Road Town, as it is the location of the hotels with optimal cost and quality offers along with the cheap hotels. Taking into account the small size of the city, there is no need to dwell hotel reservation on the location: the road to the city center would take less then half an hour, so one can book a hotel in any district of Road Town. The most populated with hotels district of Road Town is the north, 37% of cheap hotel rooms are concentrated here. However, even those who want to live in the center can choose from 5 variants of hotel rooms. Road Town is an ideal place for couple and solo, such travellers rate hotels there 7.9 out of 10 on average. In Road Town one can enjoy the beauty of Sage Mountain National Park, Tortola Cruise Ship Port and Hodge's Creek Marina. Moreover, there is a choice of 2 hotels, located within a walking distance from these attractions, however they might not be the cheap ones. The view to city, garden, sea and beach from the hotel room can serve as a pleasant addition to the journey. Apart from all these, hotels in Road Town offer their customers laundry service, bar, business centre and restaurant/cafe. The staff of the most hotels is multilingual: it speaks english. The most appreciated amenities in Road Town hotels are room and service. According to the visitors reviews, hotels in Road Town has great pool, beautiful beach and fantastic service. Take a look at our selection of the cheap hotel rooms in Road Town to make a well-informed choice for your reservation!
Cheap hotel rates in Road Town
Currently Hotellook offers cheap hotels with discounts varying from 5 to 60%. The largest discount found by our users in Road Town was 6%. We collected all discount hotel deals in Road Town together to make it easier for you to find the really cheap one!
discount 6%
Good beach hotel
7.9 km from the city center
Hotel Long Bay Beach Club
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Road Town hotels with sea view
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Do you want to enjoy beautiful view out of your window? Out of 12 hotels we have selected the best hotels with sea view with cheap hotel rates starting from
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Road Town hotels with swimming pool
average price
average rating
If you like healthy lifestyle, it is very important to train every morning. One of the greatest ways to do it is to swim in the pool! The cost of the cheap hotel with swimming pool in Road Town starts from
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Road Town hotels with restaurants
average price
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Love to eat? So do we :) That's why we've collected hotels with restaurants in Road Town in one place. Cheap hotel rates here start from
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All hotel collections in Road Town
Best hotels in Road Town
Hotels in Road Town are spread around the city within the distance of 8.3 kilometers, while 5 hotels are located directly in the city center. Those who are keen on antique should definitely fall in love with
Peter Island Resort
, the oldest hotel of Road Town, constructed in 1960. This hotel is located 1.6 km away from the city center. If you like everything shine and bright, Road Town can offer
Oceana, Villas at Romney Park
for you, the most expensive hotel. The most popular accommodations in Road Town is
Fort Burt Hotel
, 2 stars hotel located in a 0.5 kilometers from the city center. People looking for something extraordinary and exceptional should not pass by
Long Bay Beach Club
Peter Island Resort
with view to city, garden, sea and beach. The cost of reservation of such hotel starts from
. The optimal choice for the ones who want to save some money would be
Sebastians On The Beach
, the really cheap hotel located in the west of Road Town.
The best hotels are here and now. Try them!
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Changing the face of walls
Brazilian photographer Raquel Brust returns once again to bring her project GIGANTO from Sao Paulo to London for the second time.
Brust's style is simple but highly effective: she prints her pictures in a large format and then pastes them across walls, and you can be part of this fascinating process – helping, observing, and celebrating in this event over in Aldgate East.
The first GIGANTO project in London took place at the iconic spot, The Foundry, in Old Street. And this time you can come and catch her from 7pm at The Castle for art, drinks and music. If you dig the work of the likes of JR and Vhils then you're no doubt going to enjoy this.
JD caught up with Raquel to see what her thoughts were on this return project…
Giganto was awarded by the Secretary of Culture of Sao Paulo and it was developed last year. We worked on 30 photos in São Paulo, choosing spots that explored the city's architecture and urbanism.
I want very much to continue with these interventions because it's great to get the public reaction and in London it was super cool. The Foundry really represents the history of alternative living and art in London, and the end of this building is also very symbolic.
The photo we put on The Foundry is of a lady from Brazil's countryside, with deep wrinkles of sun and suffering. I can't be sure how long [the photo we'll put on The Castle] will last; everything is on the street is ephemeral. Maybe 3 months, a year, maybe more. Nobody knows how long the building is gonna be there either.
This is gonna be the first Giganto indoors, but I think it's gonna be cool anyway, and very good to get together. Giant Giganto is a very collaborative project, and in London the photographer Bruno Figueiredo help me to catch all the action, also the organiser Caroline Pey and my dear friend and musician Carina Levitan. But everybody can help – one of the most important things of the project is this: friends working together.
And on comparisons to JR…
Yeah, JR is a great artist. Our work is similar because we use the same technique, but the meaning is quite different. There are other artists who use photo collage, there is a very good mood group call Mental Gassi (mentalgassi.blogspot.com), and many other artist who utilise this tool.
I think it's a kind of trend that is beginning to be explored worldwide. For me, each Giganto is a discovery and a challenge, and my research is also about new platforms for photography. So, these works are the beginning of an experience, and it will be great if you can come to The Castle and enjoy the project and have a beer with us! Raquel Brust
Photo by Bruno Figueiredo
Aug 19th, 7-11pm, Free


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