text:
It's a daunting task, to write and record original music without benefit of contribution or perspective from others. Persistence, a good ear, and brutal honesty are the best chops I can throw down. But who can claim that their objectivity remains untainted after the countless hours it takes to build a demo? The video of "Favorite DriveThru Girl" proved to be a great lesson in this regard. A local theater advertised their casting call for variety acts to perform in a recent show. I selected a song from my catalog that I felt was most appropriate for the event, recorded the backing tracks, and walked out as the first performer in front of a cold audience. The proof is in the live footage from the video: my judgement about the song and its presentation were validated. Getting a crowd to buy into music they've never heard before is no small feat. It takes good songwriting. And that is my only ultimate goal. In total, I have been writing and recording for roughly ten years. The limitations of my musicianship are sometimes all too apparent. Most of my offerings are rough-edged, as the seeds of a new song are being planted while each demo under construction is still waiting to blossom. So be it, until the day when accomplished artists can embellish any of my songs and make them shine. I believe that these are good songs. And I believe in my judgement. Thanks for your time, I hope you'll listen to a few different selections and find something you can buy into. Drew Blank
Looks like this initial effort of promoting my songwriting has reached a peak, and it has been a terrific learning experience. Self-publication and networking on the web are viable routes to gain exposure: however, these tools are NOT a big hammer to pound the pavement with. So I managed to make some cracks, and only hit my thumb a couple of times. The results to date have FAR exceeded expectations, and I again wish to thank everyone who took a moment to sample "Find The Limit" and "Beside Me". I believe that creating any artistic work is an amazing challenge, and a great opportunity for introspection. You have to smash down the walls of ego and pretense. Then chip away at your work with as much criticism as you can muster...all while remaining confident in your efforts and believing in your ability. The best reward for me was the sense of validation that these last two weeks produced. Among some fine compliments I received, two excellent musicians listened to my demos...and they get it. And they know I get it. They heard it through the missed notes, and cluttered arrangements, and listened past the borders of genre which categorize our preferences. They heard the work of a songwriter. Time to get back to work. The demo of "Beside Me" will be entered in a national songwriting competition: I believe it would be a fine power ballad if punched up by a rock band, or a suitable selection for a pop/adult contemporary artist. It's a good song, we'll see if it's good enough. There are many more to follow, and the best ones are still behind the wall. I hope you'll stick around to see what I can knock out.
It was a difficult decision to add this song to my playlist today....
There is one note I would love to go back and correct, but other seeds are now being planted.
So this flower will have to survive on its own, flawed though it may be. And it will have to find appreciation in a landscape filled with metallic machinery and the screams of power created by it.
There is beauty in that power.
There is also power in beauty.
"Beside Me", written, performed and engineered by Drew Blank


text:
Taken from P.L. 108-135
4th FY 2004 Continuing Resolution
One Hundred Eighth Congress
of the
United States of America
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
Joint Resolution
Making further continuing appropriations for the fiscal year 2004, and for other purposes.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Public Law 108-84 is amended by striking the date specified in section 107(c) and inserting `January 31, 2004'.
SEC. 2. Section 8144(b) of the Department of Defense Appropriations Act, 2003 (Public Law 107-248), as amended by Public Law 108-84, is further amended by striking `November 21, 2003' and inserting `January 31, 2004'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

subset: commoncrawl


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While whipping up a batch of body butter for the family can be fun and convenient, that's not always the kind of gift people really remember and cherish. Wouldn't you rather give your loved ones presents that show how well you know them?
Whether losing a few extra dollars at the store or few thousand more on a poor investment decision, we're all bound to set some bills on fire. Here are six types of bad purchases that you can avoid.
We've come to expect that retailers will offer their most compelling promotions of the year, and compete for the best prices on popular items during Black Friday weekend and during Cyber Monday. So, what happened this year?
There may not be a magic bullet for getting out of student loan debt, but there is a holy grail, of sorts, for some borrowers: student loan refinancing.
Credit card data breaches are on the rise, and the holidays are a busy time for fraudsters. But there are a few easy ways to avoid becoming a victim.
Before my plane took off last week, it had been 55 long years since a commercial flight from Miami landed in Havana.
Divorce can be a messy and stressful thing in one's life. If you mix in credit cards into the equation, things get even more complicated.
These free mobile apps can help you find deals, manage your shopping list or even locate your car in a crowded parking lot.
Be prepared to pay more (sometimes a lot more) than retail price, and watch out for scams. Otherwise, be prepared to wait for a Hatchimal until January.
Aaron from San Francisco, wearing a Hillary Clinton mask, gives a thumbs up as he walks through the lobby of Trump Tower in New York on Thursday.
In an ideal world, retirement savings goals are balanced by the 30 years or more savers have to meet them. But in reality, that's seldom the case.
Supporting able-bodied children, or repeatedly bailing them out of debt, creates dependency at a time when parents should help them become self-sufficient.
Some insurance companies already offer optional coverage for home rentals. But many carriers, as well as their policyholders, could stand to benefit from more distinct rules regarding home sharing.
If you're thinking about donating, make sure you're giving to a legitimate group and doing it in a tax-advantaged way.
Everyone knows about the free shipping, but Audible Channels and Prime Reading are just two of the latest perks added to the program.
There's little argument that $10,000 is a healthy chunk of cash. The good news is there are a lot of options when it comes to making good use of it.
Because I was a teacher, friends with kids often ask me what to get their children's teachers. So I asked a few of my former colleagues about the most memorable gifts they've received to come up with a list of top 10.
With banking and finance such an important part of our daily lives, taking the time to learn some new banking phrases — or understand old ones better — could yield profitable results.
Huge swaths of the credit and debt industries, including credit bureaus, collection agencies and payday lenders, operated with little government oversight. Then the Consumer Financial Protection Bureau was born.
New model rollouts, carmakers' redesign schedules and other events can uncover bargains for those who can read the tea leaves of the auto market.
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decided: February 5, 1980.
UNITED PARCEL SERVICE, INC., A NEW YORK CORPORATION, UNITED PARCEL SERVICE, INC., AN OHIO CORPORATION AND UNITED PARCEL SERVICE OF AMERICA, INC., A DELAWARE CORPORATIONv.UNITED STATES POSTAL SERVICE, APPELLANT
ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA (D.C. Civil No. 79-0644)
Before Gibbons and Higginbotham, Circuit Judges, and Ziegler,*fn* District Judge.
Opinion OF THE COURT
The United States Postal Service appeals from an order enjoining it, pending final hearing, from instituting on a temporary basis changes in rates and in the mail classification schedule relating to fourth class zone-rate parcel post, proposed by it in Postal Rate Commission Docket No. MC78-1.*fn1 The plaintiffs, United Parcel Service, Inc., a New York corporation, United Parcel Service, Inc., an Ohio corporation, and United Parcel Service of America, Inc., a Delaware corporation, (collectively UPS) are competitors of the Postal Service in the parcel delivery business who allege that the temporary institution of the proposed changes would violate express provisions of the Postal Reorganization Act, as amended by the Postal Reorganization Act Amendments of 1976.*fn2 We affirm the grant of preliminary injunction.
I. Facts and Procedural History
On September 8, 1978 the Postal Service filed with the Postal Rate Commission (the Commission) a document entitled "Request of the United States Postal Service for a Recommended Decision on Changes in the Domestic Mail Classification Schedule." The Commission thereafter published a notice of the filing and of the commencement of Commission Docket No. MC78-1 to consider this request.*fn3 UPS and others participated in proceedings in Commission Docket No. MC78-1. While that proceeding was still open the Postal Service announced that on February 25, 1979, it would place the changes proposed in the request into effect on a temporary basis. UPS then filed its Complaint and moved for a preliminary injunction. At the time of the hearing on UPS's motion for a preliminary injunction, and at the time of argument of this appeal, the Commission had not acted on the Postal Service request. We are advised, however, that on December 5, 1979, the Commission issued its Opinion and Recommended Decision in Docket No. MC78-1, in which it recommends to the Governors of the Postal Service (Governors) that they reject the proposed changes.*fn4 We have not been advised of any action by the Governors on the Commission's recommended decision.
The Postal Service request in MC78-1, had it gone into effect, would have established, in place of two subclasses of zone-rate parcel post currently in effect, four such subclasses. Thus the request would have left the single piece class and rate for parcel post unchanged, but would have changed the bulk parcel post class by reducing the packages tendered requirement from 300 to 50, and by subdividing the bulk parcel post class into three subclasses:
(1) new bulk rates and class for packages mailed within a Bulk Mailing Center Zone (intra-BMC zone);*fn5
(2) new bulk rates and class for packages mailed between Bulk Mailing Center zones (inter-BMC zone); and
(3) new class and rates for non-machinable parcels, with an added per package surcharge for such parcels.
Single piece parcel post is now available to all shippers on the basis of a rate schedule derived from the weight of each parcel and the distance of the zone to which the parcel is to be carried. Bulk parcel post is currently available only to shippers who tender a minimum of 300 parcels at one time and who meet certain other entry requirements. The bulk parcel post subclass permits large volume shippers to calculate postage based on the average weight of all parcels tendered for each zone rather than requiring that each parcel be weighed individually. The present bulk rate is the single parcel rate for a piece having a weight equal to the average weight per piece for each zone. There is presently no surcharge for non-machinable parcels. If the Request had become effective the per package rate for inter-BMC zone and intra-BMC zone bulk parcel post, which is now equal, on average, to the single piece parcel post rate, would, with limited exceptions, be substantially lower. Moreover, the new lower rates would be available to a greater number of bulk shippers because of the reduction of the bulk entry requirement from 300 to 50 packages. If the Request had become effective there also would have been for the first time a new class of parcels defined as non-machinable and surcharge of $1.50 over the single piece rate for each non-machinable parcel.
The February 15, 1979, announcement of the Postal Service that it would implement the proposed changes on February 25, 1979, relied for authority on section 3641(e) of the statute, which provides:
If the Postal Rate Commission does not transmit to the Governors within 90 days after the Postal Service has submitted, or within 30 days after the Postal Service has resubmitted, to the Commission a request for a recommended decision on a change in the mail classification schedule (after such schedule is established under section 3623 of this title), the Postal Service, upon 10 days' notice in the Federal Register, may place into effect temporary changes in the mail classification schedule in accordance with proposed changes under consideration by the Commission. Any temporary change shall be effective for a period ending not later than 30 days after the Commission has transmitted its recommended decision to the Governors.
39 U.S.C. § 3641(e). It was the Postal Service's position that its request in MC78-1 was for a change in the mail classification schedule, that the request had been before the Commission for over 90 days, and that the Service thus was free to put the change into effect temporarily.
UPS in its Complaint, on the other hand, took the position that what the Postal Service proposed was a change in rates and therefore that section 3641(e) was not the governing section of the Act. Rather, it urges that the governing sections are sections 3622, 3624(c)(1) and 3641(a). Section 3622 authorizes the Postal Service to request the Commission to submit to the Governors recommended decisions on changes in postage rates, and authorizes the Commission to make any such recommended decision on changes "in rates or fees in each class of mail or type of service." Id. § 3622(b). Section 3624(c)(1) directs that the Commission shall transmit its recommendation to the Governors no later than ten months after receiving a Request to change rates or fees under section 3622 from the Postal Service. Id. § 3624(c)(1). Section 3641(a) authorizes the Postal Service to establish temporary changes in rates of postages and in fees for postal services
(in) any case in which the Postal Rate Commission fails to transmit a recommended decision on a change in rates of postage or in fees for postal service to the Governors in accordance with section 3624(c).
Id. § 3641(a). Reading sections 3641(a) and 3624(c) together, it is apparent that a temporary change in rates of postage or fees for postal service cannot be put into effect until it has been before the Commission for at least ten months without transmittal of a recommended decision. Section 3624(c)(2) permits the Commission to extend the ten month period if the Postal Service has unreasonably delayed the proceedings, and in MC78-1 it extended the period on that ground by five months.*fn6 If the Commission was correct in treating the MC78-1 Request as a request for a change in rates of postage or fees for postal service, then the earliest time when a temporary rate could go into effect would be early in December 1979. By that date, as we have noted, the Commission had acted adversely upon the Request.
Setting aside, for the moment, other factors bearing upon the propriety of pendente lite injunctive relief, it is apparent that the legal issue tendered by UPS is whether the Request before the Commission in Docket No. MC78-1 is for a change in the mail classification schedule governed by the 90-day waiting period prescribed in section 3641(e), or for a rate change governed by the fifteen-month waiting period imposed by the Commission pursuant to sections 3624(c)(1), 3624(c)(2), and 3641(a). The district court, without deciding the matter finally, concluded that UPS had a reasonable probability of success in convincing the court at final hearing that the longer waiting period applied. That is the principal issue tendered by the Postal Service in this appeal.
II. Mootness
As we noted above, the Commission sent its recommended decision to the Governors on December 5, 1979. Even if the Postal Service is correct that section 3641(e) applies, under the last sentence of that subsection the temporary change which it proposed on February 15, 1979 would expire thirty days after the December 5, 1979 transmittal date. Thus the temporary changes which were noticed by the Postal Service in the Federal Register on February 15, 1979, will not go into effect in any event. The preliminary injunction is addressed only to these temporary changes, and since they are now inoperative even absent the preliminary injunction, the Postal Service has moved in this court to dissolve the preliminary injunction as moot and remand the case to the district court.
The case is, of course, still pending in the district court. Nothing is before us except an appeal from the grant of a preliminary injunction pursuant to 28 U.S.C. § 1292(a)(1). Thus we construe the Postal Service's motion as a suggestion that the appeal from the preliminary injunction is moot, and that the preliminary injunction should not be reviewed on the merits, but should be vacated without prejudice to further proceedings in the district court.
UPS opposes the motion to vacate the preliminary injunction. It points out that under the Postal Reorganization Act as amended, the Governors may approve the Commission's recommended decision, modify it, allow it to go into effect under protest, or reject it. 39 U.S.C. § 3625(a). If the Governors approve it, allow it to go into effect under protest, or modify it, their decision is reviewable in a court of appeals pursuant to 39 U.S.C. § 3628. See id. § 3625(c). If the Governors reject the Commission's recommended decision, however, the Postal Service may resubmit the proposed changes to the Commission. Id. § 3625(d). In this instance the Commission recommended that the Governors reject the Postal Service's proposed changes. A rejection of that recommendation by the Governors would in all likelihood produce a resubmission to the Commission. In that event, UPS urges, the Postal Service may once again take the position that section 3641(e) applies, and that thirty days after such resubmission it can give a new ten-day notice of a temporary change. There is no provision in the Act for any temporary implementation of a proposed rate change after rejection of a recommended Commission decision by the Governors. Compare 39 U.S.C. § 3641(a) with id. § 3641(e). Thus, UPS contends, the dispute between it and the Postal Service is not only likely to recur, but is likely to recur with respect to the same proposed temporary changes.
If this were an appeal from a final judgment, in which the legal issue of the applicability of section 3641(e) or sections 3624(c)(1), 3624(c)(2) and 3641(a) were squarely and necessarily to be decided, we would find completely persuasive UPS's argument that there is a sufficient likelihood of recurrence of the dispute over the appropriate waiting period that it ought to be decided. Certainly the dispute between the parties seems live enough to justify declaratory, if not injunctive, relief. However, that is not the posture of this appeal. In granting a preliminary injunction the district court decided no more than that UPS was likely to succeed on the merits, that it had shown the likelihood of irreparable injury, and that the balance of conveniences between its interests and those of the defendant and public weighed in the favor of UPS. Our scope of review over the order appealed from is commensurately more narrow than over a final judgment. We need go no further than is necessary to decide the precise matter on appeal.*fn7 But so long as a case is not moot in the sense of a complete absence of a case or controversy, that rule is only one of orderly judicial administration. When an appeal is taken from an order made appealable by statute, we have all the powers with respect to that order listed in 28 U.S.C. § 2106. McCreary Tire & Rubber Co. v. CEAT S.p.A., 501 F.2d 1032, 1037-38 (3d Cir. 1974); Johnson v. Alldredge, 488 F.2d 820, 822-23 (3d Cir. 1973), cert. denied sub nom. Cronrath v. Johnson, 419 U.S. 882, 95 S. Ct. 148, 42 L. Ed. 2d 122 (1974); cf. Hurwitz v. Directors Guild of America, Inc., 364 F.2d 67, 69-70 (2d Cir.) (general rule limiting scope of review of interlocutory appeal is subject to exception permitting dismissal of complaint of case without merit), cert. denied, 385 U.S. 971, 87 S. Ct. 508, 17 L. Ed. 2d 435 (1966). Granting our power under section 2106 to pass upon the legal issue in dispute,*fn8 the question is whether in this instance that power should be exercised. The answer turns, we think, on whether, in our judgment, that legal issue might be seen in any different light after final hearing than before. We think it would not. While other issues bearing upon the propriety of injunctive relief, such as the likelihood of irreparable harm to UPS or the effect on Postal Service operations, might appear in a different light after a full trial, the issue of which waiting period applies to the request filed with the Commission on Docket No. MC78-1 is a pure question of law. It is, moreover, a question intimately related to the merits of the grant of preliminary injunctive relief. We conclude, therefore, that it should be decided at this time.
III. The Structure of the Regulatory Scheme
In United Parcel Service, Inc. v. United States Postal Service (UPS I), 604 F.2d 1370 (3d Cir. 1979), we considered the basic structure of the Postal Reorganization Act. We held that the Postal Service could not bring about a change in either rates or classifications of mail without first submitting the proposed change to the Commission. We rejected the contention that the Postal Service could bypass the complex regulatory scheme of the Act by calling a change in the average weight pricing scheme for bulk mailing of parcels an "experiment." We held that the proposed "experiment" involved both rate and classification aspects, and that the Commission could not be bypassed. Id. at 1375-79. Judge Higginbotham dissented, but only on the ground that the Act permitted limited experimentation outside of the regulatory scheme. He did not disagree with the majority's conclusion that the "experiment" had both rate and classification aspects. Id. at 1383-88. What the Postal Service attempted to accomplish by its proposal to temporarily implement the terms of Request MC78-1 is closely related to what it attempted to accomplish on a more limited scale in the "experiment" with which we dealt in UPS I. In this case, however, the Postal Service did not attempt to bypass the Commission, but rather attempted to take advantage of temporary authority granted to it in instances of Commission delay in the disposition of a request. The different posture of the case requires a somewhat fuller review of the legislative scheme than was necessary in UPS I.
Prior to 1970, Congress retained responsibility for the establishment of postage rates and classifications of postal service. This practice resulted, especially in times of inflation, in chronic postal revenue deficits. See, e. g., Proposed Reorg. of Postal Establishment to Provide for Efficient and Economical Postal Service: Hearings on H.R.17070 Before the Senate Comm. on Post Office and Civ. Serv., 91st Cong., 1st Sess. 503, 507 (1969) (statement of Postmaster General Winton Blount) (urging Congress to provide mechanism for institution of temporary rates). The Postal Reorganization Act of 1970 was intended to alleviate this deficiency by creating an independent Postal Service for which rates and classifications could be more efficiently established and amended. See H.R.Rep.No.91-1104, reprinted in (1970) U.S.Code Cong. & Admin.News, pp. 3649, 3650-51, 3667-69 (accompanying H.R.17070, the 1970 Act). The Act established an independent Postal Service, controlled and directed by nine Governors, who are appointed by the President for staggered nine-year terms. These Governors, along with their appointees, the Postmaster General and Deputy Postmaster General, comprise the Service's Board of Governors. 39 U.S.C. § 202 (1976); H.R.Conf.Rep.No.91-1363, reprinted in (1970) U.S.Code Cong. & Admin.News, pp. 3712, 3712 (accompanying H.R.17070, the 1970 Act); see United Parcel Serv. v. United States Postal Serv. (UPS I), 455 F. Supp. 857, 860 (E.D.Pa.1978), aff'd, 604 F.2d 1370 (3d Cir. 1979). The Act also established an independent quasi-regulatory body, the Postal Rate Commission, which has authority to oversee changes in rates, classifications, and services. 39 U.S.C. §§ 3601-3604. Before instituting any change in rates or classifications, the Postal Service must submit a request for a recommended decision to the Commission which holds evidentiary hearings under the terms of the Administrative Procedure Act and evaluates the proposal of the Postal Service. See id. §§ 3621-3622, 3624. The Governors may approve, reject, allow under protest, or in some circumstances modify the recommended decision. Id. § 3625. The 1970 Act, however, imposed no time limit on the Commission's action on Postal Service requests. Compare Postal Reorganization Act of 1970, Pub.L.No.91-375, 84 Stat. 719, codified in 39 U.S.C. § 3624 (1970), reprinted in (1970) U.S.Code Cong. & Admin.News, pp. 842, 894 with Postal Reorganization Act Amendments of 1976, Pub.L.No.94-421, § 6(a), 90 Stat. 1303 codified in 39 U.S.C. § 3624 (1976) (adding subsection (c) requiring Commission to act within 10 months), reprinted in (1976) U.S.Code Cong. & Admin.News at 90 Stat. 1306.
However, the 1970 Act did permit putting into effect temporarily proposed changes in either rates or classifications 90 days after the request had been filed with the Commission. Postal Reorganization Act of 1970, Pub.L.No.91-375, 84 Stat. 719, codified in 39 U.S.C. § 3641(a) (1970), reprinted in (1970) U.S.Code Cong. & Admin.News, pp. 842, 896-97. The 1970 Act had also established a ceiling on temporary rates of the lesser of the proposed rate or a one-third increase over the existing rates, notwithstanding that a higher permanent rate had been requested. See Postal Reorganization Act of 1970, Pub.L.No.91-375, 84 Stat. 719, codified in 39 U.S.C. § 3641 (1970), reprinted in (1970) U.S.Code Cong. & Admin.News, pp. 842, 897. The deficit continued to increase and the Service requested increased permanent rates in order to comply with the statutory mandate that the Service be self-supporting. Because there was no time limit within which the Commission was required to act, however, the Service was operated on a perpetually temporary rate scheme, filing for further increases in rates as soon as the prior request became permanent and instituting ever higher rates 90 days after each filing. This was criticized as giving the Service the control over rates that the Commission should have been exercising. H.R.Rep.No.94-391, 94th Cong., 1st Sess. reprinted in Legislative History of the Postal Reorganization Act Amendments of 1976 at 43, 51 (hereinafter Legislative History ).
Congress' overriding concern in 1976 thus was with the continuing deficits of the Postal Service. The Senate Report indicates that the three problems to be remedied by the amendments were reduced service, increased rates, and the operating deficit, all interrelated shortcomings of the system. S.Rep.No.94-966, 94th Cong., 2d Sess. 1-2, reprinted in (1976) U.S.Code Cong. & Ad.News, pp. 2400, 2400-01. In hearings on the House version of the 1976 Amendments, the Chairman of the Commission noted that because the requirement of a formal trial-type hearing applied to its deliberations, it was impossible for the Commission to reach a recommended decision within the 90-day waiting period of the 1970 Act. Proposal to Amend Postal Reorg. Act of 1970: Hearings on H.R.15511 Before the House Comm. on Post Office and Civ. Serv., 93d Cong., 2d Sess. 107, 111 (1974) (statement of Fred Rhodes, Chairman of Postal Rate Commission). The Chairman admitted that the Commission was unable to control rates as long as the Postal Service could institute temporary rates so quickly and suggested that Congress adopt a six-month waiting period with respect to rate and classification changes. Id. at 111, 131-34. The House version of the 1976 bill would have increased the waiting period for temporary instituting of both rates and classifications to 10 months, by amending section 3624 to require Commission action within that period of time, and section 3641 to forestall earlier imposition of temporary changes. See H.R.8603 §§ 7(a), 8(a), 94th Cong., 2d Sess., reprinted in Legislative History at 30. However, under the amended version, temporary rates would not be subject to the 1970 Act's one-third increase ceiling, but instead would be limited to the maximum amount requested as a permanent rate, which the then-Chairman of the Commission argued would give the Service needed control over revenues. See Letter from Clyde S. DuPont, Chairman of Postal Rate Commission, to Hon. David N. Henderson, Chairman of House Committee, reprinted in Legislative History at 64, 66.
The Senate version of the bill, which was adopted in relevant part by the Conference Committee, permitted temporary classification changes to be instituted after 90 days, and made only temporary rate changes subject to the ten-month waiting period. See H.R.8603 §§ 5(a), 6(a), reprinted in Legislative History at 243, 276-79 (Senate amendments). Although the reasons behind this distinction are not clear, there are two possible explanations. First, because the major problems with the 1970 Act were the rising deficit and slow pace of the Commission, which resulted in overuse of the temporary rate authority, it may be that the Senate did not view a temporary classification change as a problem needing a remedy. If a change in classification is not a financial question, or if it has only a limited effect on finances, then changes in classification may not have been viewed as responsible in any way for the fiscal plight of the Postal Service. Second, the Senate Report, after noting that classification changes will remain within the original 90-day provision, commented that "(t)he Postal Service and the Postal Rate Commission are working closely on the new classification schedule, which will be phased in for the different classes over a three or four-year period." S.Rep.No.94-966, 94th Cong., 2d Sess. 13, reprinted in (1976) U.S.Code Cong. & Admin.News at p. 2412. If it is true that the Postal Service and Commission were developing a new classification schedule jointly, then the Postal Service would have been highly unlikely to make use of the permissive authority to institute temporary changes in classification. Moreover, the perceived infrequency of classification changes or the less complex proof required before the Commission may have led Congress to believe that 90 days would be an adequate time to afford the Commission to act upon proposed classification changes. Whatever the reasoning behind the distinction, the major problem faced by the Service prior to 1976 concerned rates and revenues; in reading and interpreting the Act as amended, rate changes must be viewed in that regulatory context.
The Conference Report only notes in passing that the Senate version was adopted; it is otherwise not helpful with regard to legislative intent. See H.R.Conf.Rep.No.94-1444, 94th Cong., 2d Sess. 16-17, reprinted in (1976) U.S.Code Cong. & Admin.News at pp. 2434, 2438. The debates in the Senate underscore that body's concern with rates and with the overuse by the Postal Service of the temporary rate authority, but are of no further aid. See 122 Cong.Rec. 27,089 (1976) (remarks of Senator Gale W. McGee, Chairman of Committee on Post Office and Civil Service) (temporary authority less likely to be used; Act intended to afford relief to ordinary users of mails). However, ten months was generally regarded as the appropriate time period needed for Commission action in rate cases. Senator McGee pointed out that had there been no delays by the Commission, the Service could have erased its deficit, and that the ten-month requirement would speed the actions of the Commission, which was otherwise creating a one-third increase ceiling for periods of time far in excess of ten months and which served to worsen the revenue shortfall. Proposed Postal Reorg. Amendments of 1976: Hearings on S. 2844 Before the Senate Comm. on Post Office and Civ. Serv., Part 4, 94th Cong., 2d Sess. 73-74 (Apr. 20, 1976) (statement of Senator Gale W. McGee, Chairman of Committee on Post Office and Civil Service). Moreover, Senator McGee pointed out on the Senate floor that the longest period of Commission deliberations on a proposed rate change was nine and one-half months, and thus that the ten-month requirement was feasible. 122 Cong.Rec. 27,090-91 (1976).
It seems clear from this legislative history that the 1976 Amendments were intended to give the Commission an outside limit of ten months to act upon postal rate requests, and to prohibit the Postal Service from making temporary rate changes during that period. If, then, the request in Docket No. MC78-1 is for rate changes, it could not have been put in effect until it had been before the Commission for ten months.
The Postal Service called the request a classification change. The Service argues that it alone has discretion to denominate a request as a rate matter or a classification matter and that its denomination controls. If, however, the Postal Service had such unfettered discretion, the 1976 Amendments would have accomplished nothing, for it is difficult to conceive of any change in postal rates that could not be coupled with some minor or major change in the nature or extent of postal service. Moreover the Commission has rejected the contention that the Postal Service has such unfettered discretion. In exercising the power to extend the ten-month limit for the decision in Docket No. MC78-1, a power applicable only to requests for rate changes, see 39 U.S.C. § 3624(c)(2), the Commission observed:
The Postal Service's formalistic argument that it submitted its Request as a proposed classification change pursuant to 39 U.S.C. § 3623 does not obviate the patent rate effects that would accompany implementation of its proposal in this docket.*fn1a
Postal Rate Comm'n, Docket No. MC78-1, Order No. 280 at 19 & n.1 (May 18, 1979); see 43 Fed.Reg. 41,441 (1978) (Commission's Notice of filing of Postal Service Request; Commission noting that certain aspects suggest request involves rate changes under § 3622).
Next the Postal Service urges that, assuming it has no such unfettered discretion, in this instance the request is either a pure classification change, or one in which classification aspects predominate and rate aspects are merely incidental. On the facts of this case there is, however, an air of unreality about the Postal Service position. Pressed at oral argument for examples of what might be regarded as pure classification changes, the only examples to which its counsel could refer were the recent changes in the permissible size of a first class letter. An example of a pure rate change would be the increase in the rate of postage on a first class letter from fifteen to twenty-five cents. The categories of rates and of classifications inevitably overlap in most other instances. One court has noted that:
a classification is a "grouping" of mailing matter for the purpose of assigning it a specific rate or method of handling.
National Ret. Teachers Ass'n v. United States Postal Serv., 430 F. Supp. 141, 146 (D.D.C.1977), aff'd, 193 U.S.App.D.C. 206, 593 F.2d 1360 (D.C.Cir.1979). That definition suggests that it is not possible to establish rates in the absence of classifications of service to which those rates apply. But the fact remains that Congress intended to subject changes in rates to a ten-month rather than a 90-day waiting period before they could be put into effect by unilateral Postal Service action.
Next the Postal Service argues that the rate aspects and the service classification aspects of its request are severable. That may be so, but the February 15, 1979 Federal Register notice did not so treat them. Admitting this, the Postal Service suggests that if it can treat the classification aspects as severable, and thus temporarily effective in ninety days, then it must be able to charge the proposed rate for the new service in the interim or else be forced to offer the new service without any increased cost. The logic of this suggestion escapes us. It is within the Postal Service's control whether or not to put a classification of service into effect, and we have no fear that it will not do so until it can collect revenue for the service. In any event, the request in Docket No. MC78-1 clearly does not have severable rate and classification aspects. It embodies a fundamental overhaul of the entire parcel post rate structure. Permitting it to go into effect after 90 days rather than ten months would undermine the regulatory scheme devised by Congress in the 1976 Amendments.
We conclude, as did the Commission, that the Request embodied in Docket No. MC78-1 is a request for a change in rates to which section 3624(c)(1) applies, and that the changes it proposes in parcel post rates cannot be put into effect until after the waiting time established in section 3641(a).
IV. Other Postal Service Contentions
The remaining Postal Service contentions need not long detain us. It is argued that the district court erred in determining that UPS would be likely to suffer irreparable harm pending final hearing, and in concluding that the harm to the Postal Service and the public pendente lite did not outweigh any harm to UPS. The evidence presented at the hearing on the preliminary injunction suggests strongly, and perhaps compels, the conclusion that the proposed bulk parcel post rate schedule, which was designed for the express purpose of diverting millions of packages from UPS to the Postal Service, would in fact have that very effect. As to the harm flowing to the Postal Service and the public from the Postal Service's inability, during the statutory waiting period, to accomplish that diversion, we can only observe that the Ninety-Fourth Congress struck the balance when it gave the Commission ten months within which to decide on a recommended decision as to proposed changes in postal rates.
V. Conclusion
The district court did not err in granting a preliminary injunction against the institution on a temporary basis of changes in rates and the mail classification schedule relating to fourth class zone-rate parcel post as proposed in Commission Docket No. MC78-1. The order appealed from will be affirmed without prejudice to an application to the district court for its modification in light of the present agency posture of the request in Docket No. MC78-1.
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EAST ORANGE - The victim of an apparent fatal drive-by shooting in East Orange Wednesday has been identified as Dwayon Sutton, 36.
Sutton was pronounced dead at University Hospital in Newark last night.
Acting Essex County Prosecutor Carolyn Murray says Sutton was one of four people shot outside 39 Schuyler Terrace Wednesday.
Authorities say the other victims, identified only as two men and one woman, are expected to survive. Police say there is no motive, and the investigation of the incident is ongoing. The drive-by shooting occurred in broad daylight. Neighbors say the incident sounded like machine gunfire followed by the sound of a car speeding away.
Prosecutor: 1 killed, 2 hurt in East Orange shooting


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Sirloin Sizzler
Total Time
Prep 30 mins
Cook 0 mins
I am not a huge meat eater but I found this on line from Canadian Living and thought I'd try it. Very tasty I thought
Ingredients Nutrition
- 3 tablespoons balsamic vinegar
- 2 tablespoons olive oil
- 2 minced garlic cloves
- 1 teaspoon dried rosemary
- 1⁄4 teaspoon salt
- 1 lb sirloin steak, 1-inch thick
- In shallow dish stir together vinegar, oil, garlic, rosemary and salt.
- Add steak turning to coat.
- Marinate at room temperature for 10 minutes turning once.
- Heat greased grill pan or skillet over medium-high heat.
- Cook steak turning once for 10-12 minutes or until desired doneness.
- Transfer to cutting board and tent with foil.
- Let stand 5 minutes before slicing.
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fabulous!! made this recipe word for word and it turned out soooo yummy!!! i will be using this marinade for my steak all the time!! thank you!!!
This was nothing less than scumptious! Wow! We threw this on the grill, smoking it w/ some applewood chips and were licking the plate afterwards! Thanks for such a great marinade!


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Appeal from the Circuit Court of Cook County; the Hon. JAMES
J. MEJDA, Judge, presiding. Affirmed.
The defendant, Louis Johnson, was charged with the crime of unlawful sale of a narcotic drug in violation of section 22-3 of the Criminal Code (Ill Rev Stats 1967, c 38, § 22-3). After a jury trial, he was found guilty and was sentenced to a term of not less than ten years nor more than thirteen years in the penitentiary.
The defendant contends, on appeal, that "he was denied due process of law when the court did not require the State to produce the real name of the alleged informer prior to trial and denied defense counsel's motion for a continuance."
The record shows that a public defender was appointed to represent the defendant in December, 1966. This same public defender continued to represent the defendant throughout the subsequent proceedings. On January 20, 1967, and again on March 1, 1967, the defendant answered ready for trial. When the case was called on March 7, the defense counsel orally moved that the State produce the informer who allegedly participated in the controlled sale implicating the defendant. The prosecutor stated that the informer had died, whereupon the public defender asked for proof of death and proof that the deceased was in fact the informer. The court directed the State to disclose the name and last known address of the informer. The prosecutor said that the informer was Lulu Reed, but the public defender stated that she was also known by another name. *fn1
When the case was called for trial on April 6, 1967, the defense answered ready for trial. The court inquired whether there were any motions to be decided and the prosecutor stated he did not think that any had been filed. The public defender said there were no motions to be filed and that any that had been filed had been decided. The cause was continued on the State's motion. The case was again called for trial on April 13. Both sides answered ready and when the court inquired whether there were any motions the public defender answered that they had all been taken care of earlier.
The case was called for trial again on April 14, 1967. The public defender informed the court that he thought that his motion requesting the true name of the informer had been denied, but that upon examining the record he found that the court had ordered the State to furnish him with the name and address of the informer. He stated that the State had not complied with the court's order and he requested compliance. On April 19, the public defender answered ready for trial. When he again requested the real name of the informer and the proper address the court commented that he inconsistently answered ready for trial and at the same time requested information about the alleged informer. Counsel replied "Judge, we are ready, and if we got the name now, that's fine. We are still ready. I don't believe giving the name or not giving the name has any affect on our ability to be ready for trial." On motion of the State the cause was continued to April 25, and the court ordered the State to furnish the defendant whatever information was in their files.
On the afternoon of April 25, both parties answered ready for trial and a jury was selected. Thereafter, in a chamber session, the public defender moved to exclude all witnesses from the courtroom. This motion was agreed to by the State. The State moved to nolle Count II of the indictment and the motion was allowed. The prosecutor then stated that the real name of the informer was Margaret O'Neal, that she was dead, and that her last known address was 5002 South Forrestville. The public defender requested a two week continuance "for the purpose of checking with the coroner's office to see if this person has existed, to see if this person died." Counsel also said the defense would need more time "so we could make an investigation as to who this informer was, if she was ever an informer. We have no way of checking this without some time." The court denied the motion for a continuance.
The record of the trial reveals that Officer Curtis H. Jackson and his partner, Officer Joseph Volpentesta, saw Lulu Reed, a special police employee, about 8:30 p.m. on August 26, 1966. Officer Jackson testified that Miss Reed did not have a handbag. He searched her coat which had two side slash pockets and observed that she put the $13.00 of marked money in her right hand side pocket of her coat and then drove her to the 4300 block of Prairie Avenue. There the police officer observed her talking to the defendant, Louis Johnson. Miss Reed then walked a short distance with the defendant and stood on a corner while the defendant walked through an alley. When the defendant returned, the officers saw her take the money out of her right hand coat pocket and give it to the defendant. At that point the defendant left and Miss Reed returned to the car. They searched her again and found that the marked money was no longer in her possession. On the following day the officers again searched the informer and at 8:30 p.m. returned to the same area. Miss Reed met the defendant and talked with him for a while. The police officers observed the hands of Miss Reed and the defendant meet. Miss Reed then returned to the car and gave the officers a tinfoil package. The police drove up to the defendant, ran towards him, and though they saw him put a shiny object in his mouth they were unable to prevent him from swallowing it. At the police station they made a field test on the contents of the packet the informer had given them. The reaction was purple positive. Officer Jackson then took the tinfoil packet to the crime laboratory. He further testified that Lulu Reed was also known as Margaret O'Neal and that she was now deceased. He produced a death certificate which was subsequently received in evidence. It showed that Margaret R. O'Neal died on February 8, 1967, that her residence at the time of her death was 5002 South Forrestville, in Chicago, that she was black, and that she was divorced.
On cross-examination, Officer Jackson testified that he had received the death certificate the day before trial. At this point the public defender requested leave to have the death certificate overnight. Leave was granted by the court. The public defender then asked Officer Jackson whether the informer was married and an objection was raised and sustained. In chambers the public defender argued that conflicting statements had been made by the prosecutor in that the prosecutor had stated that the informer's husband had also been an informer and the death certificate showed that the deceased had been divorced. On further cross-examination the public defender then asked:
"Q. Where was Lulu Reed living on October 26, 1966?
"A. At 4253 South Prairie. I am sorry, no, she moved from there. I think she was staying at 50th and Forrestville then.
"Q. Who did she live there with?
"A. I don't know.
"Q. What name did she use there, if you know?
"A. Margaret O'Neal.
"Q. Where else had she lived?
"The Court: The question may be asked and answered.
"Q. Where else do you know where she lived, what other address?
"A. At 4253 I am sorry 4453 Calumet.
"Q. What name was she living there under?
"A. Margaret Leak.
"Q. What other name have you known her as?
"A. Margaret Robinson.
"Q. A dope addict, wasn't she?
"A. Yes, sir, she was a narcotics user.
"Q. How many times have you used her in the past, officer?
"A. Two or three times in the past."
Officer Jackson also testified that he had known the informer for more than two years.
Sergeant Charles Vondrak, assigned to the chemistry section of the Police Department, testified that he examined the contents of the tinfoil packet in question and was of the opinion it contained ciacetyl morphine hydrochloride, commonly referred to as heroin.
Officer Joseph Volpentesta was also called to testify. He substantially corroborated the testimony of Officer Jackson as to the details regarding the narcotics incident. On cross-examination, he testified that he had known Lulu Reed about two years and also knew her by the names of Margaret O'Neal and Margaret Robinson.
To begin with, we see no merit to the contention that the court did not require the State to produce the true name of the alleged informer. The record is clearly to the contrary. It further appears that on some occasions, as the trial judge pointed out, the defense would answer ready for trial and on others would answer ready requesting information regarding the reported death of the informer. Indeed the defendant went to trial without asking for this information and did not even ask for a continuance at the time. It was only after the jury had been selected and the prosecutor had divulged the true name of the witness that the issue of the true name of the informer was again alluded to by the public defender. This was also the first time that the defense requested a continuance.
[1-3] The granting of a continuance to permit preparation for a case is a matter resting within the sound judicial discretion of the trial judge, and we will not disturb the court's ruling on review unless it is shown that the discretion had been abused. People v. Latimer, 35 Ill.2d 178, 220 N.E.2d 314. A conviction will not be reversed unless it appears that the refusal of additional time in some manner embarrassed the accused in the preparation of his defense and thereby prejudiced his rights. The granting of a continuance to permit preparation for a case necessarily depends upon the facts and circumstances surrounding the request. People v. Solomon, 24 Ill.2d 586, 182 N.E.2d 736.
The defendant refers us to three Illinois cases which recognize the importance of giving defense counsel sufficient time to prepare his client's defense. In People v. Kenzick, 9 Ill.2d 204, 137 N.E.2d 270, the defense attorney appointed by the court less than thirty days before the trial date moved for a short continuance. His motion was supported by an affidavit setting forth that since the date of his appointment he had been actively engaged in the trial of many cases which involved more than nineteen days of actual trial and he was only able to confer with the defendant for short periods of time. In reversing and remanding the conviction the Illinois Supreme Court held that the appointed counsel, who was busy with prior commitments, should have been afforded reasonable time to obtain all the facts from the defendant and other witnesses. People v. Morris, 3 Ill.2d 437, 121 N.E.2d 810, the second of defendant's three cases, concerned the question of competency of a court appointed attorney who had not seen the defendant until the day of trial. In People v. Hambleton, 399 Ill. 388, 78 N.E.2d 293, the defendant was placed on trial the same day he was arrested. His counsel went to trial without any preparation.
It seems clear that these cases are distinguishable on the facts. In the case at bar, the defendant was informed by the State a month before the trial that the informer was dead and obviously would not be a witness. The court ordered the State to show defense counsel what information it had regarding this person and if the defendant needed it for his defense he had ample opportunity to obtain it. Instead, the defendant answered ready for trial on several occasions without demanding further information. In fact, on one occasion the defendant's counsel expressed the view that the true identity of the informer would have no effect on his ability to be ready for trial. On another occasion the defense counsel said he wanted to check with the coroner's office to see if the informer had died. We believe that the court patiently and conscientiously attempted to aid the defense in every respect. We hold that the record does not reflect that the trial court was guilty of an abuse of discretion to the prejudice of the defendant in failing to grant a continuance under the particular facts and circumstances surrounding the request. People v. Barnes, 26 Ill.2d 563, 188 N.E.2d 7.
In the instant case the State did not rely on the testimony of the informer. Experienced officers closely observed every movement of the defendant and informant on two separate occasions and it was upon their testimony that the defendant was found guilty. The same attorney represented the defendant throughout the proceedings and we are not persuaded after examining the record that the defendant's attorney was not given every opportunity by the trial court to adequately prepare his client's defense. The judgment of the Circuit Court is affirmed.
ADESKO, P.J. and MURPHY, J., concur.
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August 3, 2011
CONTINENTAL TRANSFERT TECHNIQUE LIMITED, PLAINTIFF,v.FEDERAL GOVERNMENT OF NIGERIA, ET AL., DEFENDANTS.
This is an action to enforce an arbitral award issued in the United Kingdom under Nigerian law. On July 12, 2010, Plaintiff Continental Transfert Technique Limited ("Continental") moved for summary judgment against the defendants, the Federal Government of Nigeria, the Attorney General of Nigeria, and the Minister of the Interior of Nigeria (collectively, "Nigeria"). Upon consideration of the parties' papers, the relevant legal authorities, and the entire record in this case, the Court will grant Continental's motion for summary judgment.*fn1
The detailed factual background of this case is summarized in this Court's prior Opinion denying Continental's motion for default judgment and Nigeria's motion to dismiss Continental's petition. See Continental Transfert Technique Ltd. v. Federal Government of Nigeria, 697 F. Supp. 2d 46, 52-55 (D.D.C. 2010). A more concise statement of relevant facts will suffice here to explain the Court's decision on the pending motion for summary judgment.
In 2007, Continental and Nigeria entered arbitration to resolve a contract dispute. Mot., Ex. 4 (the arbitral award) ¶ 25. On August 14, 2008, the arbitrators issued their decision, awarding Continental 29.6 billion Nigerian naira. Id. ¶ 139. Nigeria was also ordered to pay Continental's costs and 95% of the costs of arbitration. Id.
On December 9, 2008, Continental applied to have the arbitral award recognized in the United Kingdom. See Mot., Ex. 6. The United Kingdom's High Court of Justice ("the English court") issued an order confirming the arbitral award as final and enforceable ("the English judgment") on June 24, 2009. See Mot., Ex. 10. On November 23, 2009, Nigeria applied to the English court to set aside or stay the order of June 24, arguing that because Nigeria was challenging the award in Nigeria's Federal High Court ("the Nigerian court"), see infra at 3, all other proceedings should be stayed pending a final determination by the Nigerian court. See Mot., Ex. 12 ¶ 6. On March 30, 2010, the English court stated that "all the various discretionary factors [to be weighed in deciding whether to stay enforcement of a judgment] . . . come down heavily on the side of [Continental]." Id. ¶ 31. Nevertheless, the English court stayed enforcement of the judgment on the condition that Nigeria provide security of £100 million within 28 days. Id. ¶ 32. Continental claims, and Nigeria does not dispute, that the required bond was never posted. Mot. at 9.
On November 24, 2008, Continental filed in this Court its complaint to enforce the arbitral award under the Federal Arbitration Act, 9 U.S.C. §§ 201 et seq., and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, opened for signature June 10, 1958, 21 U.S.T. 2517, reprinted in 9 U.S.C. § 201 (historical and statutory notes) ("the New York Convention"). On November 18, 2009, Continental amended its complaint, adding a claim for enforcement of the English court's June 2009 judgment pursuant to the District of Columbia's Uniform Foreign-Money Judgments Recognition Act, D.C. CODE §§ 15-381 et seq.
Concurrent with the actions in the United States and the United Kingdom, Nigeria initiated proceedings before the Nigerian court to vacate the arbitral award and to restrain Continental from attempting to enforce it in the meantime. While that action was pending before the Nigerian court, Nigeria moved to dismiss Continental's amended complaint before this Court, arguing primarily that enforcement would be inappropriate in light of the ongoing attempt to vacate the award in Nigeria. See Continental Transfert Technique Ltd. v. Federal Government of Nigeria, 697 F. Supp. 2d at 55. This Court denied that motion on March 23, 2010.
On July 12, 2010, Continental filed its motion for summary judgment. While that motion was pending, Continental filed a status report in which it indicated that the Nigerian court had ruled on the validity of the arbitral award. Status Report at 1-2. Continental attached to the Status Report a copy of the Nigerian court's judgment, in which that court found that the arbitral award "cannot be set aside" and "is VALID and ENFORCEABLE." Status Report, Ex. A at 4 (emphasis in original). Because Nigeria has not responded to Continental's Status Report in any way, the Court presumes that Continental has accurately represented the findings of the Nigerian court.
The New York Convention "provides that signatory nations are to recognize and enforce arbitral awards rendered in other nations." Termorio S.A. E.S.P. v. Electranta S.P., 487 F.3d 928, 933 (D.C. Cir. 2007); see New York Convention, art. III. A court "must grant [a] [p]etition to [r]ecognize and [e]nforce [an] arbitral award unless it finds one of the grounds for refusal . . . of recognition or enforcement of the award specified in the . . . Convention." In re Chromalloy Aeroservices, Inc., 939 F.Supp. 907, 909 (D.D.C. 1996) (citation and internal quotation marks omitted). "The hearing on [a petition to enforce an award under the New York Convention takes] the form of a summary procedure in the nature of federal motion practice." Termorio S.A. E.S.P. v. Electranta S.P., 487 F.3d at 940; see Jiangsu Changlong Chems., Co. v. Burlington Bio-Med. & Scientific Corp., 399 F.Supp.2d 165, 168 (E.D.N.Y. 2005) (stating that enforcement of an arbitral award "is characterized as a 'summary proceeding' that merely converts what is already a final decision into a judgment of a court."). "Summary judgment under Rule 56 is appropriate where the pleadings and the record 'show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.'" Termorio S.A. E.S.P. v. Electranta S.P., 487 F.3d at 941 (quoting Kingman Park Civic Ass'n v. Williams, 348 F.3d 1033, 1041 (D.C. Cir. 2003)).
Nigeria argues that either these proceedings should be stayed or the amended complaint should be dismissed because (1) the Nigerian proceedings will likely lead to a vacatur of the award; (2) Nigeria cannot challenge the substance of the award elsewhere; and (3) international comity weighs in favor of a stay. Opp. at 6, 9-10. These arguments are unpersuasive for two primary reasons. First, the Court has already considered and rejected Nigeria's argument that this matter should be stayed or dismissed on forum non conveniens grounds or in light of the Nigerian court's consideration of Nigeria's challenge to the arbitral award. See Continental Transfert Technique Ltd. v. Federal Government of Nigeria, 697 F. Supp. 2d at 58, 61-62. Second, the premise underlying Nigeria's arguments no longer exists: the Nigerian proceedings have now been resolved in favor of Continental. Status Report at 1-2 & Ex. B at 141. As a result, there is no reason to refuse to enforce the award.
The Uniform Foreign-Money Judgment Recognition Act ("UFMJRA") provides that a satisfactory "foreign-money judgment is enforceable in the same manner as the judgment of a sister jurisdiction which is entitled to full faith and credit." D.C.CODE § 15-382. A"foreign-money judgment" is "any judgment of a foreign state granting or denying recovery of a sum of money." D.C.CODE § 15-381(2). The UFMJRA "applies to any foreign-money judgment that is final and conclusive and enforceable where rendered even though an appeal therefrom is pending or it is subject to appeal." D.C.CODE § 15-387.
Nigeria has failed to contest Continental's claim that the order entered on June 24, 2009 by the English court is enforceable by this court under the UFMJRA; indeed, Nigeria's memorandum in opposition to Continental's motion for summary judgment does not even mention Continental's UFMJRA claim. The English court ordered on June 24, 2009, that "judgment be entered against [Nigeria]" in the amounts set down in the arbitral award. Mot., Ex.
10. Although a stay was granted by the English court on the condition that Nigeria would provide £100 million in security pending the final outcome of the Nigerian proceedings, the record contains no evidence, and Nigeria does not claim, that the required bond was ever posted. Consequently, the English order remains enforceable under the UFMJRA.
For the foregoing reasons, Continental's motion for summary judgment is granted. An Order consistent with this Memorandum Opinion shall issue this same day.
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Judge Rules Banksy's 'Art Buff' Mural Must Be Returned To Folkestone
In December of last year campaigners stated that Banksy's 'Art Buff' mural might return to Folkestone, after the work reportedly failed to sell at Art Basel Miami. As selling the painting on the open market turned out to be difficult, according to insiders, as the work had not been authenticated by Pest Control - a company that issues paperwork for genuine Banksys.
Now a London judge Richard Arnold ruled that the mural that had once been valued at about $720,000, or £466,000 must be returned to Folkestone, according to a report in Bloomberg Business. The work was created last year on the side of an amusement arcade called Dreamland, and had been attributed to the Bristol street artist.
The piece depicts a woman staring at an empty plinth while wearing headphones with her hands clasped behind her back; an act of vandalism was perpetrated against the artwork; the unknown attacker spray-painted the addition of a penis to the plinth of the artwork. Art Buff was then removed from the wall of Palace Amusements in Rendezvous Street on September 30, and placed in storage briefly before being shipped to American where it joined other "unofficial" Banksy works in an exhibition at Art Basel Miami.
The work was put up for sale after the building owners, the Godden family, were no longer prepared to carry the burden of protecting the work, art dealer Robin Barton confirmed at the time. Mr Barton hoped that the piece would fetch up to £470,000. As the proceeds of which were originally intended to go to the Jim Godden Memorial Cancer Trust.
Judge Arnold ruled that Dreamland aka "the tenant" had "no reasonable prospect of establishing that it was entitled, let alone obliged, to remove the mural." Now the work - which is currently being held in a New York storage unit - must be returned to the UK and delivered to the Creative Foundation, a Folkestone charity that is tasked with regenerating the town through creativity and the arts.
Boodle Hatfield - the law firm representing Creative Foundation - released a statement saying that the verdict will impact "art law and future cases involving Banksy's and other street art. Our client is delighted that the artwork is being returned for the enjoyment of the people of Folkestone."


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At the time of the census in 2005, almost 121 boys were born for every 100 girls. Last year's census showed that sex ratio at birth (SRB) had improved somewhat. But it is still too early to celebrate, in Eklund's view: the narrowing of the gap does not necessarily mean that girls are valued more highly.
Because of the high SRB, there has been a tendency to picture China as a country where son preference is strong and possibly increasing since the 1980s. However, Eklund argues in her PhD thesis that using SRB as a proxy indicator for son preference is problematic. She has therefore developed a model to estimate what she calls "son compulsion", where data on SRB and total fertility rate are used to estimate the proportion of couples who wants to give birth to at least one son and who take action to achieve that goal. When looking at variation in son compulsion over time and between regions, Eklund finds that new patterns emerge that do not surface when using SRB as a proxy indicator. Contrary to popular belief, son compulsion remained steady in rural China (at around 10 per cent) while it increased in urban China in the 1990s (from 2.8 per cent to 4.5 per cent).
"This doubling concurred in time with cuts in the state welfare system in the cities, which meant that adult sons were given a more important role in providing for the social and financial security of the elderly", she says. Her findings call into question the assumption that son preference is essentially a rural issue. They also have implications for comparative perspectives and her findings suggest that son compulsion may be higher in other countries even though they expose lower SRB.
When it emerged that far more boys than girls were being born in China, the Chinese government launched the Care for Girls Campaign to improve the value of the girl child and to prevent sex-selective abortion. Nonetheless, the imbalance between the sexes continued to increase. Eklund's findings suggest that the campaign may actually have done more harm than good. Families receive extra support if they have girls and in rural areas exceptions are made from the one-child policy if the first child is a girl."By compensating parents of girls in various ways, the government reinforces the idea that girls are not as valuable as boys", says Eklund.
Eklund further challenges the notion that families in rural areas want sons because sons are expected to take over the farming.
"That is a weak argument", says Eklund. "Young people, both men and women, are moving away from rural areas. Of those who stay, women provide just as much help as men. In fact, it is the elderly who end up taking greater responsibility for the agriculture."
However, there are also other reasons why sons are seen as more important for families. Traditionally, a girl moves in with her husband's family when she gets married and she thus cannot look after her own parents when they grow old. Boys also play an important role in ancestor worship, and they ensure that the family name lives on.
Eklund further finds that there is a stubbornness in both popular and official discourses to view son preference as a matter of parents and grandparents without looking at structural factors that help underpin the institution of son preference.
Lisa Eklund's thesis is entitled Rethinking Son Preference. Gender, Population Dynamics and Social Change in the People's Republic of China. Lisa Eklund defended her thesis on 10 June 2011 at Lund University, Sweden.
NOTE: This text has been cleared by Lisa Eklund, as opposed to a text on the same topic that was circulated on 13 June 2011. She can be contacted at firstname.lastname@example.com or +46 709 58 20 02.
Thesis: Rethinking Son Preference. Gender, Population Dynamics and Social Change in the People's Republic of China
Megan Grindlay | idw
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Further reports about: > Gender and Diversity in Science > Population > Rethinking > Social Impacts > Sweden > rural areas
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Mathilda Desgagnés & Jacques Desgagnés
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Written on: 27/07/2014 by lindasimpson (1 review written)
Jozephina lovely, made very welcome. Everything very clean. Bed very comfortable. Good air conditioning (no charge) excellent shower and plenty of hot water. A bit limited for cooking (only 2 hotplates) Loved the balcony very private. Country setting very quite and nice walk into Fzzana.
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Penns Manor News
The Indiana Gazette Online's Community Connection is an effort to gather news, photos, events, and submitted reports from each of our local communities. We've centered communities around our school districts. Below you find the Penns Manor area news.
Have something your neighbors should know about? Email us at firstname.lastname@example.com.
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|INSIDE INDIANA: Brooke, Jesse, light work, bras, etc.
|8 weeks ago -
|If you caught the recent episode of this season's "Cake Wars" called The Addams Family on Monday, you may have spotted a familiar face. [Read More]
|PENNS MANOR: Elementary welcomes The N.E.D. Show
|8 weeks ago -
|Penns Manor Area Elementary School hosted The N.E.D. Show on Sept. 30. [Read More]
|PENNS MANOR: Standardized test scores show improvement
|8 weeks ago - - SEAN YODER
|KENWOOD — The Penns Manor Area school board on Thursday learned that school performance profile scores increased at both the elementary and junior/high school. [Read More]
|Clymer Borough lauded for new code
|8 weeks ago - - SEAN YODER
|CLYMER — Clymer Borough has now been recognized both at the state and national levels for its form-based code. [Read More]
|8 weeks ago -
|Every Thursday, get the Gazette's complete listing of concerts, films, theater, music, dance and other performing arts. It's all one click away in the entertainment center. [Read More]
|END ZONE EXTRA: Rushing numbers down in Heritage Conference
|8 weeks ago -
|Individual rushing numbers are down in the Heritage Conference. Long gone is the workhorse back, with most teams having taken a successful venture into yards by committee. [Read More]
|Police search for robbery suspects
|8 weeks ago -
|STRONGSTOWN — State police at Indiana are investigating a robbery Monday at the Strongstown General Store, along Route 422. [Read More]
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|9 weeks ago -
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|Jenna Danielle Leydic, of Creekside, and Adam Spencer Tallent, of Gahanna, Ohio, were married on Aug. 8, 2016. [Read More]
|9 weeks ago -
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Babo Botanicals November 16 2015
Babo products are made with families in mind—the mascot that gave the company its name was originally the stuffed-animal companion of founder Kate Solomon's son. The family-run company is based on a small farm in upstate New York, where certified organic ingredients for their formulas are grown. Without question, their super-safe sunscreens are some of the best in the business for littles and anyone with sensitive skin or skin issues.


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Illustration • Submitted
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With opportunities for the public to comment on the quality of public services through social media and feedback apps, restaurants become accountable to the general public. They also can be victims of undeserved bad reviews.
While it is usually impossible to prove a bad review is not deserved, the restaurant Lois Eau Des Ducs in Dijon, France recently were the beneficiaries of a court order of 7500 euros. Why? The review was posted before the restaurant opened.—Jim L. Wilson
Proverbs 12:19 (HCSB) Truthful lips endure forever, but a lying tongue, only a moment.
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According to passenger statistics for the full-year 2013 now being released, Göteborg Landvetter Airport had the largest number of passengers in the history of the airport. A total of 5,004,093 people flew to or from Göteborg Landvetter in 2013, an increase of 3 per cent compared to 2012. The previous record was set in 2011, when the airport had 4,906,556 passengers.
"I am pleased and proud that we have achieved another milestone, surpassing our dream mark of five million passengers in one year. That indicates the great need our region has for the access air travel provides, both for passengers from western Sweden and for those travelling here from other countries. The airport is an essential requirement for both tourism and businesses in the region, and we continue to develop our offering of destinations from Göteborg Landvetter," says Charlotte Ljunggren, airport director at Göteborg Landvetter Airport.
International traffic accounted for the largest increase in 2013. A total of 3,685,824 people flew internationally from Göteborg Landvetter during the year, an increase of 4 per cent compared to 2012. December was the best month in the airport's history in terms of the number of international passengers (262,526, +2%).
For the full-year 2013, 1,318 269 people flew domestically, which is an increase of 1 per cent compared to 2012. The number of domestic passengers in December 2013 was 102,989 (+14%).
In the past year, the departure hall for international travellers was refurbished and an additional 1,000 square metres of shops and restaurants now enhance the airport's offering. A number of new destinations have been added, and more destinations are planned for 2014. Examples of partners that the airport began collaborating with during the year are the Gothenburg Symphony Orchestra, Liseberg Amusement Park and the art centre Röda Stens Konsthall. In 2013, the airport also had the most satisfied passengers ever – 79 per cent are very satisfied with the airport.


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If you think I write too much, then you will be amazed at the amount of wall text wrapped around the interior walls of the Center for Architecture's new exhibition, Berlin-New York Dialogues: Building in Context. If you do visit the Center's compare-and-contrast Berlin-And-New York-Are- Sometimes-Alike-And-Sometimes-Different exhibit, please be prepared for an onslaught of information.
Photographs and architectural renderings of ongoing design projects in both cities accompany the words, and I think the exhibition tries hard, almost to a fault, to include everything. The enlarged photos of city streets and corners that do "speak" without words, unfortunately, are sited in the dead cul-de-sac zones of the space, and the POVs of these images are from the center of the road and not from the perspective of the pedestrian. Very un-Jane Jacobs of them.
The very notion of "dialogue" should stimulate the exchange of ideas, and, indeed, the copious amount of Berlin-New York information at the Center raises important questions. The reader (not viewer) may wonder, for example, if New York loses in the exchange, especially in relation to the underlying ideological principle in Berlin that housing is a basic social right and not a privilege. Berlin, on the other hand, could spruce up its river front.
If you are interested in learning about the effects of urban transformation on a major city, then go see Georges Seurat's images of post-Haussmann Paris at MoMA. His drawings speak louder than words.
Berlin-New York Dialogues: Building in Context continues through January 26, 2008 at the Center for Architecture, 536 LaGuardia Place.
(revised 11.14.07)
November 9, 2007
Too Much LOGO and Not Enough LEGO at the Center for Architecture
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