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February 1, 1949
UNITED STATESv.FRANCIS.
Before MAJOR, Chief Judge, and BRIGGLE and DUFFY, District Judges.
BRIGGLE, District Judge.
Defendant (appellant) was convicted in the District Court by a jury on an indictment in six counts charging that defendant devised a scheme and artifice to defraud chiropractors, naturopaths and other members of the non-medical healing fraternity and to obtain money by means of certain false and fraudulent pretenses, representations and promises, well knowing at the time that the pretenses, representations and promises would be false when made. The indictment charged as a part of said fraudulent scheme that defendant represented that two funds had been set up to provide for expenses and work incurred with regard to efforts to secure passage of bill No. 1909, introduced in the California General Assembly on January 27, 1945, providing for the licensing of those desiring to engage in the practice of naturopathy or any of its branches; that one of these funds called "The Naturopathic Trust Fund" contained contributions of $100, and that contributions to this fund would be held in trust (checks uncashed) and would be returned to the donors in the event bill 1909 did not pass. The other fund was to be made up of $50 contributions payable to the American Physio-Therapy Institute and was to be used for expenses in promoting the California legislation and was not to be returned to the donors. Each count contains allegations of the mailing of separate letters, checks and money orders in furtherance of such alleged fraudulent scheme.
Defendant complains of the District Court's action in overruling his motion for a directed verdict at the close of Government's case and again at the close of all of the evidence. He alleges other errors but they all relate to the sufficiency of the evidence to support the verdict. It will thus be seen that our duty is limited to a determination of whether there is any substantial evidence to sustain the jury's verdict.
Defendant appears to have been engaged in the operation of a so-called "American Physio-Therapy Institute" or school at Indianapolis, Indiana. His alleged fraudulent scheme stems from an undated circular letter*fn1 sent to a number of individuals variously engaged as naturopaths, chiropractors and physiotherapists, soliciting contributions of $100 to the so-called trust fund and $50 to the expense fund, all apparently in the interest of furthering the California legislation heretofore referred to. It is made clear to the prospective contributor that the $50 is for expenses and not to be returned but it is made equally clear that the $100 contribution is to be kept intact and returned to the contributo: unless the bill in question becomes a law. It is not clear what is to eventually become of the $100 contribution if the bill passes, but it is sufficient to note that the bill referred to in the circular failed of passage in June, 1945. A similar bill was later introduced at a special session but was not within the call of the Governor of California and was not printed.
Three alleged victims of the scheme were called as witnesses by the Government. Hubert Harisin of Burbank, California, testified that he received a copy of the circular letter and in response sent two cashier's checks to defendant - one for $50 and one for $100 drawn on the First National Bank of San Jacinto, California, and dated May 25, 1945. These checks were payable as directed in the circular and were each endorsed by defendant and deposited in one of his several accounts at the Union State Bank, Westfield, Indiana.
When defendant acknowledged receipt of the Harisin checks on May 28, 1945, he said: "This well acknowledge receipt of your letter received this morning enclosing check for $100 payable to the Naturopathic Trust Fund, which check will be held and not cashed until after the bill becomes a law in California. If for any reason it does not become a law, the check will be returned to you as originally given * * *." In spite of this assertion the checks were promptly deposited and duly cleared through regular banking channels early in June, 1945. No part of Harisin's money was ever returned.
We pause here to note that it appears from the undisputed evidence that defendant had four separate accounts at the Westfield Bank as follows: Harry Francis, Harry Francis Trustee, National Business Service and American Congress of Physical Education, and had given specific instructions to the bank that any checks drawn by him on either of the accounts were to be paid by the bank from any one of said accounts that held a sufficient balance to meet the check. It would thus appear that there was a complete intermingling of the accounts and while some of the $100 contributions found their way into the trust account, they were subject to withdrawal for any purpose that defendant might choose.
Another alleged victim, Adolph F. Lonk of Palatine, Illinois, a chiropractor, testified that he received the circular letter hereinbefore referred to (as well as other circulars) about June, 1945 and in response sent defendant $150- $50 for expense fund and $100 for the trust fund. After the failure of the bill in the California legislature this witness made repeated demands for the return of his money without response from defendant until November 18, 1947. On this date defendant sent witness a letter*fn2 undertaking to explain his failure to return the $100, and also containing some veiled insinuations that witness might himself be involved in some law violation if he pressed the matter. This witness failed to have his $100 contribution returned as promised by defendant.
John G. Popik of New York testified that he knew defendant, having attended his school in Indianapolis in 1945. He received a letter*fn3 from defendant under date of January 23, 1946 in response to which he contributed $150 to defendant and failed to receive any portion of it back. It will be noted that this communication went forward from defendant long after Bill No. 1909 (the bill referred to in the original circular) had been killed. True, it was about the time that another bill was attempted to be introduced at the special session but failed because not within the Gevernor's call.
Defendant undertook to meet these challenging circumstances by asserting that the money collected by him had to a great extent been sent to a group in California and that due to some misunderstandings he had been unable to return the trust funds to the three witnesses referred to. He claimed that refunds had been made to all other contributors. If it be true, as he claimed, that he had sent the money to others in California still this would be no excuse for his breach of trust as proclaimed in his various communications to Harisin, Lonk and Popik. The evidence rather clearly indicates that he did not at any time undertake to keep the $100 contributions intact as he had promised in his letters but used them as he saw fit. A jury could reasonably conclude from all the circumstances that he did not from the inception of the program of solicitations intend to preserve the integrity of the $100 contributions for return to their owners on failure of the legislation, but that the whole affair was a scheme of the defendant for his own personal enrichment. Defendant's explanation of why he, a citizen of Indiana, should become so profoundly interested in proposed legislation in California was feeble and unconvincing. That there were those in California who at the time were sponsoring the legislation in question, is conceded, but the jury could have concluded from all the circumstances that this was merely seized upon by defendant for the dishonest purposes charged in the indictment.
A careful study of the record leads to the conclusion that there was sufficient evidence, together with all the reasonable inferences arising therefrom to warrant the trial court in submitting the matter to a jury. A jury that saw and heard all the witnesses, including the defendant has found the defendant guilty and the District Court has approved such finding. We would not be warranted on the record before us in disturbing their findings. Glasser v. United States, 315 U.S. 60, 80, 62 S. Ct. 457, 86 L. Ed. 680; United States v. Monarch Distributing Co., 7 Cir., 116 F.2d 11, certiorari denied 312 U.S. 695, 61 S. Ct. 732, 85 L. Ed. 1130; Morley v. United States, 7 Cir., 99 F.2d 683, certiorari denied 306 U.S. 631, 59 S. Ct. 463, 83 L. Ed. 1033. The judgment is affirmed.
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Beginning Thursday, September 3 at 1:00 pm our weekly preschool storytime will launch a new day and time. Join Ms. Linda for stories, fingerplays, and fun. No registration needed. Recommended for children 3-6 years old.
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We have had another stellar summer filled with crafts and programs for the children of La Porte and the surrounding area due to the generosity of our Friends organization. A dedicated group comes every week to sort and fill the shelves in the book sale room with the book donations from the community. Other Friends serve on the board and handle the many requests we have for them. Their support is invaluable.
If you would like to join the Friends of La Porte Library, there are many levels of involvement available.
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Got a new computer or and having trouble using it? Do you want learn or to brush up on your Microsoft Office skills? Here at the library, we offer FREE computer classes to help you increase your skills in computers, email, E-book/digital devices and Microsoft Office. All classes and times are listed on our events calendar at https://host4.evanced.info/harris/evanced/eventcalendar.asp?libnum=11.
For more information about any of the classes, call Javier De Leon at 713-673-3237. Here are some of our classes offered in August. Sign up today!
Join us for our Annual End of the Summer Party! Entertainment provided by Incredible Events! For all ages. No pre-registration required. The celebration begins Thursday, August 6 at 2:00 pm.
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Join us for our End of Summer Party. Happy the Clown will be on hand to entertain. The fun begins Wednesday, August 5 at 3:00 pm. Come help us celebrate the end of another terrific summer of reading and activities.
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Join us for the final Summer Reading Craft. Decorate a wooden top and watch it spin. This last craft time will be Tuesday, August 4 at 2:00 pm. All materials provided through funding by the Friends of La Porte Library.
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Hi kids! Come join us on Wednesday, July 29 at 3 pm in the Meeting Room and create a superhero that flies! All materials are provided.
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Make and take a wooden door hanger craft to hang on your door. You will do the decoration and the message. This program is recommended for children 6 years and older. The crafting begins Tuesday, July 28 at 2:00 pm. All materials are provided and funded by the Friends of La Porte Library.
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Join us for a terrific program all about carnivorous plants presented by Salt Grass Science. This program is recommended for children 6 years and older. The presentation begins Thursday, July 16 at 2:00 pm.
The Jacinto City Branch Library staff would like to welcome our new Branch Librarian, Suellen Denton. Suellen comes to us from the Tomball Branch. She brings a passion for both outreach and community building. We hope all our customers will stop by and greet her in the near future.
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About this blog
Welcome to my blog - The Great Unravelling
This blog tries to make sense of Britain's decision to leave the EU and what it means for Britain's place in the world. This sesimic event in British and European politics cannot be understood in isolation to wider global political trends and economic processes.
This is a conversational blog so do please feel free to join in.
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Daily Archives: April 30, 2012
Human Rights and Democracy – An Incomplete Story
The Foreign Secretary, William Hague, launched today the Foreign and Commonwealth Office's 2011 Human Rights and Democracy Report. Weighing in at 388 pages it's a meaty affair. Even though I don't agree with everything in the Report, the Report's very … Continue reading


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This savvy entrepreneur has amassed a culinary empire known as Gusto54; the restaurant group includes a portfolio of eateries: Gusto 101, Trattoria Nervosa and Pai restaurants, as well as Gusto 54 catering.I had an opportunity to chat with Zuccarini, someone who helped grow Toronto's fledgling dining scene into a dazzling multicultural marvel.
Ontario produces more asparagus than the rest of Canada combined, with 90 growers alone in the province; this amounts to 3500 acres worth of asparagus to harvest from. It is a $25 million dollar industry. Due to asparagus farmers investing in this kind of research and breeding, initially, it was a success story. But circumstances quickly changed.
Icewine is perceived as the untamable beast of the wine family. Have you ever heard someone pronounce their undying love for it? Highly unlikely. Most of the time, I get "oh, it's far too sweet" as a response-- and it becomes an afterthought--- perhaps a novelty to try and have with either dessert or cheese.


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AboutNinja Fireworks Inc is located at the address 10667 Highway 5 in Brent, Alabama 35034. They can be contacted via phone at (205) 926-7400 for pricing, hours and directions.
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Soccer excitement has filled many of the Kearney soccer youth teams to max capacity.
"We really don't want a kid that has a high interest in high playing level of soccer not to have that opportunity. So we are very flexible with what we do and what we offer and trying to make sure everyone gets a chance to play," said Kearney soccer coach Mike Munch.
The coach thinks the city may have to add more teams in the 10-12 year-old leagues. He also thinks more kids will be deciding to go out for high school teams in Nebraska.
One North Plate native has been playing soccer since he was six and he says he has seen a huge growth in the sport's popularity.
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- Apr 2006
- Posts
- 177
1 set of nameservers
Hi everyone again here is a question i dont know the answer to
Ok so say i had like 10 servers and they all had cpanel installed on them and about 15 customers on each. How would i configure the servers to all point to one set of nameservers so the customers didn't have to bother about setting on domain on one server to ns8 and ns9 and on another to ns6 and ns7 - they just had to set there domains to 1 set of NS ns1 and ns2.
I know its something to do with clustering (i think) would i just have to add the servers together in clustering in WHM or is some sort of external DNS server needed?
12-08-2006, 10:41 PM #2Disabled
- Join Date
- Dec 2006
- Posts
- 28
WHM has built in functionality for this. You'll need to configure your primary and secondary nameservers on each of your machines to point to your main DNS server. You'll also need to cluster them.
12-09-2006, 07:52 AM #3Mr. Awesome
- Join Date
- Jul 2002
- Posts
- 6,105
Go to forums.cpanel.net and do a search for "DNS Cluster". The capability exists, and it works pretty well.Want to sell domain names? Sign up today for an eNom.com reseller account from a trusted eNom ETP provider.
* We provide support and service to over 3245 happy eNom domain name and SSL certificate resellers!


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Would you like to see more photos?
2309 Cumberland Avenue, Decatur, AL 35603
- $179,900
- 133 Days on site
- Est: $667/month
Estimate Your Monthly Payment
Data provided by Informa Research Services. Payments do not include amounts for taxes and insurance premiums. The actual payment obligation will be greater if taxes and insurance are included. Click here for more information on rates and product details.
- Mortgage Center
- Beds: 4
- Baths: 2 Full, 1 Half
- Single Family Home
- 2,400 sq ft
Call Shari @ 256-654-1962.. on a desirable street in Decatur, walking distance to park, walking trails and tennis courts. 4 bedrm 2 1/2 ba w/ a huge greatrm with shelves, wet bar and a beautiful glassed sunroom w/french doors. Wonderful kitchen w/ so much added storage space and tons of cabinets. Large dining room, all new carpet and tile downstairs. Large laundry room and very large bedrooms. Master bedrm has its own office or sitting rm. 4th bedrm could be a bonus rm. 2 central units replaced in 2014 and an A/C in sunroom. An all you want backyard w/ a deck next to sunroom for grilling, plus a private fenced area w/ an above ground pool and a huge separate lawn area w/ storage bldg.
- Single Family Home
- Beds: 4
- Baths: 2 Full, 1 Half
Want More Information?
Listing Details
- Master Bedroom
- 13x16
- Bedroom 2
- 14x12
- Bedroom 3
- 14x12
- Bedroom 4
- 15x13
- Dining Room
- 12x13
- Kitchen
- 12x22
- Dining Area
- Yes
- Family Room
- 24x17
- Foyer
- 8x13
- Fireplace
- Yes (1), Gas (1)
- Lot Size
- Approximately 90x148
- Features
- Brick Exterior
- Number of Floors
- 2.0 Floor(s)
- Assessed Taxable Amount
- $18,300
- Tax Amount
- $781
- Property Type
- Single Family Residence
Public Facts: As provided by County Assessor and Recorder offices. May not reflect recent additions or improvements. If you see any errors, the best way to get the records updated is to contact your local county records office. If any of the information in this section conflicts with property information provided by a listing agent or broker, agent-provided information should be deemed more reliable.
Local Info
| Median Household Income
| Median Years In Residence
| Median Homeowner Age
| Households with Children
| Percent of Homes Rented
Nearby Elementary Schools
- Julian Harris Elem Sch
- 1922 Mcauliffe Dr Sw
- Woodmeade Elem Sch
- 1400 19th Ave Sw
- Austinville Elem Sch
- 2320 Clara Ave Sw
Nearby Middle Schools
- Austin High Sch
- 1625 Danville Rd Sw
- Cedar Ridge Middle Sch
- 2715 Danville Rd Sw
- Brookhaven Middle Sch
- 1302 5th Ave Sw
Nearby High Schools
- Austin High Sch
- 1625 Danville Rd Sw
- Cornerstone Christian School
- 3211 Spring Ave Sw
- West Morgan High Sch
- 261 S Greenway Dr
These are the closest schools to your requested location. Proximity does not guarantee enrollment eligibility. Please consult your real estate agent or school district to confirm the schools you are zoned to attend.
Mortgage Rates
Data provided by Informa Research Services. Payments do not include amounts for taxes and insurance premiums. The actual payment obligation will be greater if taxes and insurance are included. Click here for more information on rates and product details.
Property Contact Info
Need More Information?
Please fill out this form to request more photos or more information regarding this property.


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Watch Shigeru Miyamoto and The Roots Play the Super Mario Bros Theme dlvr.it/Mr9Hv4 #jimmy_fallon #Video_Game_Coverage
Upcoming Guests
Thu 12/8:Pharrell Williams
Thu 12/8:Robert De Niro
Fri 12/9:Dwayne Johnson
Fri 12/9:Gary Clark Jr.
Fri 12/9:Kevin Nealon
Mon 12/12:Bryan Cranston
Mon 12/12:Hailee Steinfeld
Mon 12/12:OneRepublic
Tue 12/13:Jon Glaser
Tue 12/13:Michael Fassbender
Tue 12/13:Niall Horan
Thu 1/5:Rod Stewart
Thu 1/5:Sandra Bullock
"Be silly. You're allowed to be silly. There's nothing wrong with it." -- Jimmy Fallon
TweetEpic Fails Guru @EpicFailsGuruWatch Shigeru Miyamoto and The Roots Play the Super Mario Bros Theme dlvr.it/Mr9Hyj #jimmy_fallon嵩史(たかし) @cimufacizeqJimmy Fallon, The Roots & "Star Wars: The Force Awakens" Cast Sing "Star Wars" Medley (A Cappella) goo.gl/pzPxqbDavid @SensationalGPI liked a @YouTube video youtu.be/7TJ7IUNWGl4?a Jimmy Fallon Debuts the Nintendo SwitchSteve Climaco @SteveClimacoWhy does Jimmy Fallon have to attempt to ruin the things I like?0 minutes agoRetweeted by ChepecoenseSteve Climaco @SteveClimacoI hate Jimmy Fallon and I hate he got first hands on the Switch - there, I said it. But BOTW looked neat on the Switch.0 minutes agoRetweeted by Chepecoensezoe saldaña verde @cvinimachadocês gostam do Jimmy Fallon?Chepecoense @cheecorocha@SteveClimaco I hate Jimmy Fallon because in Brazil his show is 3 a.m.Larry Scott @manikolaeva8387Nicki Minaj - On the Tonight Show starring Jimmy Fallon in New York City, December 2015 celeblapics.xyz/nicki-minaj-on… #NickiMinajVideojuegos Ya @VideojuegosYaJimmy Fallon juega en directo a Nintendo Switch goo.gl/OV2XzE
2000 Almost Famous Dennis Hope
2002 The Rutles 2: Can't Buy Me Lunch Reporter
2003 Anything Else Bob
2003 The Entrepreneur Ray filmed in 1998 but released in 2003
2004 Taxi Det. Andrew "Andy" Washburn
2005 Fever Pitch Ben
2006 Doogal Dylan Voice role
2006 Arthur and the Invisibles Betameche Voice role
2006 Factory Girl Chuck Wein
2008 The Year of Getting to Know Us Christopher Rocket
2009 Whip It Johnny Rocket
2009 Arthur and the Revenge of Maltazard Prince Betameche Voice role
2010 Arthur 3: The War of the Two Worlds Prince Betameche Voice role
2011 Bucky Larson: Born to Be a Star Himself Cameo
2004 Saturday Night Live Himself / Various 120 episodes
1998 Spin City Photographer Episode: "The Marrying Men"
2001 Band of Brothers 2nd Lt. George C. Rice Episode: "Crossroads"
2002 2002 MTV Video Music Awards Himself / Host TV Special
2005 2005 MTV Movie Awards Himself / Host TV Special
2006 Night of Too Many Stars: An Overbooked Event for Autism Education Barry Gibb TV Special
2009–12 30 Rock Himself / Young Jack 4 episodes
2009–14 Late Night with Jimmy Fallon Himself / Host Also writer & executive producer
2009 The Electric Company Himself 8 episodes
2009 Sesame Street Wild Nature Survivor Guy Episode: "Wild Nature Survivor Guy"
2009 Family Guy Himself (voice) Episode: "We Love You Conrad"
2010 62nd Primetime Emmy Awards Himself / Host TV Special
2011 Saturday Night Live Himself / Host Episode: "Jimmy Fallon/Michael Bublé"
2011 Silent Library Himself Episode: "Jimmy Fallon/The Roots"
2011 Top Chef Himself Episode: "Feeding Fallon"
2012 iCarly Himself Episode: "iShock America"
2013 Saturday Night Live Himself / Host Episode: "Jimmy Fallon/Justin Timberlake"
2014 The Tonight Show Starring Jimmy Fallon Himself / Host Also writer & executive producer
Source: Wikipedia


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AEK ATHENS: https://www.youtube.com/watch?v=ErYlUwfj7Zc
Best Fans in the World
Off Topic
What do you think which sports club has the best and most loyal fans ?
Crvena Zvezda / Spartak Moscow / Olympiakos - Orthodox brothers!
Jan Vesely, monster dunk for goodbye
Partizan - Real Madrid [10.11.2011.] "DA VOLIM CRNO BELE"
To see more statuses, join TiltBook - poker social network with 23286 users.
- 23286 users
- 32 supernova Elites
- And players who actually win pre-rakeback
- They all share their poker lives on TiltBook


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Well.........after only 7 1/2 hours of labor, we welcomed our little girl into the world at 1:28 am this morning! It was such a breeze compared to my birth experience with DS. I couldn't be happier! Her name is Callie Jane and she is 7 lbs. 7 oz. She just went to the nursery where they will measure her and all that good stuff! Will write more later, but I went from 5 cm. to complete and pushing in less than half an hour! I'm still in shock at how smoothly everything went!
She's here!
10 posts / 0 new
Fri, 11/09/2012 - 04:11#1
She's here!
Fri, 11/09/2012 - 06:52#2
congratulations and i am happy you had a wonderful labor.
Fri, 11/09/2012 - 08:37#3
Congrats!! Welcome to the world Callie Jane!!!
Fri, 11/09/2012 - 09:04#4
Congratulations!!!!! SO happy for you that you had a smooth delivery!
Fri, 11/09/2012 - 10:22#5
yay! Congrats! And cute name!
Fri, 11/09/2012 - 10:46#6
Fri, 11/09/2012 - 12:26#7
Congrats and welcome to the world Callie Jane!
Fri, 11/09/2012 - 14:08#8
Congrats!! I guess losing your plug was a definite sign--that didn't take long!
Fri, 11/09/2012 - 14:18#9
Wow! And CONGRATS!!!!
Fri, 11/09/2012 - 16:50#10
Congrats!!! Can't wait to see pictures and hear more about her birth!


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Renew your liquor licence for 2017 now
Liquor licence renewals are due by 31 December 2016. Licensees can now receive their renewed liquor licence via e-mail by signing up for elicence.
VCGLR Annual Report 2015-16 released
The Victorian Commission for Gambling and Liquor Regulation Annual Report 2015-16 was tabled in Parliament on 27 October 2016 and is now available for download from our website.
New Year's Eve 2016-17
If you intend to trade this New Years Eve, check your requirements and obligations now.
Do you have the right liquor signage displayed?
Liquor licensees are required to display certain signage around their licensed premises. Current liquor signage is available on our website for you to download, print and display in your premises.
Latest news
White Night makes its regional debut
01 Dec, 2016
Planning an event for White Night Melbourne or White Night Ballarat in 2017? Licensees wishing to extend their trading hours apply now.
Simplified process to change directors and nominees
01 Dec, 2016
Launch of an online portal makes it even easier to change your director and nominees for your current liquor licence.
Top tasks
For news and updates, subscribe to our newsletter


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Vapor Daddy Vaporizer - Blonde Bamboo
Vapor Daddy
Keep in mind that if you aren't totally sure which vaporizer is right for you, then you can always pay a quick visit to our next-door Vapor Lounge: Vapor Central (www.vaporcentral.com)! Pay a few bucks for a 'Day Pass', then have a seat and enjoy some side-by-side vaporization experimentation! For medical Cannabis users, Vapor Central is an amazing venue for socialization and entertainment, as well as the ability to try out various vaporizing units and options!


text: My non-jailbroken iPod Touch 2g worked relatively flawlessly for almost a year. However, in the last two days, it has "crashed" twice. It went into some bizarre restart mode where the Apple logo displayed, and no combination of holding various buttons for 10+ seconds helped. It remained in this mode for at least five minutes. Since the warranty end-date is approaching, I'm a little concerned. Here's what I hope to learn: 1) How can I access a self-diagnostic testing mode on the iPod Touch 2G? 2) Is there any way that I can pay to extend the default one-year warranty? Many thanks. Update - Scratch #2... I just purchased a one-year extension on the AppleCare Protection Plan.


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|Useful tools to help you gather information
Digital Public Library of America - The Digital Public Library of America brings together the richesof America's libraries, archives, and museums, and makes them freely available to the world.
Free Legal Forms - Legal forms including power of attorney, tax forms, divorce forms and more.
Hands on Banking for Adults - Online tools and information to help adults manage money and reach financial goals. A public service provided by Wells Fargo.
Hands on Banking for Seniors - Learn about retirement strategies and managing your finances. A public service provided by Wells Fargo.
PICPA Money and Life Newsletter - Advice and news from Pennsylvania's Certified Public Accountants.
|Sun Dec 11, 2016 @ 1:00PM - 04:00PM
Barnes & Noble Bookfair
|Mon Dec 12, 2016 @ 1:00PM -
Monday Book Club
|Mon Dec 12, 2016 @ 6:00PM - 08:00PM
Holiday Social and Storytime with Mrs. Claus
|Mon Dec 12, 2016 @ 6:45PM - 08:00PM
Gentle Yoga
|Tue Dec 20, 2016 @ 6:30PM -
Saucon Valley Women's Club meeting


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Product Info
- Our embroidered sarees are widely known for their vibrant colors combination in new collection and exquisite designs
- Get a fascinating look with this lovely pretty pink faux georgette saree.
- This lovely drape is intricately embellished with resham, sequins and patch work in stylish way.
- A nice sequins designer patch pattern is enhancing the beauty of this peace.
- This saree comes with back neck style unstitched blouse; it is designed with sequins work to add the glam.
- There might be color variation due to screen resolution and digital photography.
- Fabric: Faux saree
- Work: Embroidered
- Type: Resham, sequins and patch work
- Color: PinkOccasion: Party
Delivery Info
Delivery Info
|Delivery Time
|Please Note


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Shop Tisano
From the Original Cacao Tea to other organic goodies...View all our organic cacao products
Sample Rose Cacao Tea 12g$3.95
View More
Rose Cacao Tea
In ancient times roses were prized for their aroma, medicinal and nutritional properties. Tisano fuses the wisdom of The Ancients with the ¨Fruit of the Gods¨, Cacao. The soothing floral aroma relaxes and the chocolate excites – a balance of perfection.$13.99
View More
Glass Tea Infuser 11oz
Enjoy freshly brewed tea on-the-go with the 11oz Tisano Infuser. It's easy – just add loose Cacao Tea, place the infuser and fill with hot water. The double-wall borosillicate insulation keeps your Chocolate Tea at just the right temperature for up to 2 hours.$24.99
View More
Stories and Recipes
Read our cocoa recipe inspirations as well as adventure stories in creating and sourcing Tisano.View all our blog posts
Are you ready for Halloween?! One of the reasons why Halloween is such a fun holiday is because it gives us some fun opportunities to get creative. Whether it's designing the perfect costume, turning your home into a haunted mansion, or creating creepy and terrifying treats for your guests, Halloween gives us a chance to […]Read More
Pairing Chai Cacao Tea!
Baked goods and drinks seem to be the best way to use chai. Both benefits from the warm yet spicy notes that Chai Cacao Tea infuses in dishes. Chai also pairs wonderfully with other fall flavors, like maple, pumpkin, apple and chocolate. With its bold flavors and rich aromas of ginger, clove, anise and cacao, […]Read More
Easy Breezy Iced Tea!
Making iced tea from loose leaf tea is very simple. It is almost exactly the same as brewing hot tea, except that you want to use twice the amount of loose leaf tea for iced tea than you would for hot tea. That means if you make your favorite Tisano tea with 1 tsp / cup of tea, you […]Read More


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By Dan Cohen
Tradedoubler believes there will be five key topics of conversation in the coming year: Value Chain, Traffic, Data, Pricing Models, and Regulation & Compliance.
Here's why:
Value Chain:
Indicators show that ecommerce spend will continue to grow. The impact of the smartphone and how it is supporting the change in consumer behaviour – enabling the traditional in-store purchase journey of the persistently connected consumer to be hi-jacked at the last moment – is indicative of this growth. So the future of performance marketing is bright, however for the industry to reach fruition it must move up the marketing value chain. It will be critical in 2014 that performance marketing is on the agenda of the c-suite; with a view to us advising this group of influencers on how they should invest in performance marketing to drive the most effective ROI.
Unsurprisingly mobile traffic on the network will continue to grow. What will be an interesting trend to watch though is the growth in integrated on/offline traffic, which will become an integral part of the advertiser's affiliate programme. Consumers will continue to embrace social, video and offline (for example, pay-per-call) and it will be more important than ever for advertisers to be able to track the diverse path that a consumer may take in making a purchase. Add to this, the growing demand for local affiliate marketing with geo-targeted vouchers and deals, and understanding the user journey and their path to conversion better is suddenly critical.
'Data' has been appearing in the predictions lists for a few years now, but the big change for the performance marketing channel will be understanding the full user journey, not just what the customer did at a certain point in the purchase path. Having the data to understand how the customer first started their engagement and where they ended it will be crucial. Advertisers will need to know what advertising medium consumers were influenced by, to what extent that medium influenced them, and at what point in the purchasing decision – was it while checking out a promotion on their smartphone, watching a video, reading a newsletter, participating in a social forum, or across all of these activities?
Likewise, advertisers will be able to use the data to analyse how to get value out of the consumer in the long-term (by educating them through 'long-tail' channels such as blogs and newsletters), as well as in the short-term (through initiatives like voucher codes and cash-back). By having the data on the lifetime value of a consumer – across multiple channels and devices – advertisers will be able to make intelligent, insight-based decisions, so they can become more effective at new customer acquisition.
Pricing Models:
Performance marketing will continue to embrace the traditional pricing models, such as CPA and CPL. However, as advertising campaigns evolve we will need to incorporate CPE (engagement) and CPV (view) into the pay-for-performance mix, to accommodate consumer engagement trends. Marketers are including a broader mix of marketing mediums into their digital advertising campaigns, to include video and social for example, and are also keen to optimise campaigns with re-targeting. So, the technology needs to be in place to: track variable traffic activity, set the parameters for the 'cost-per' type prior to the campaign commencing, and accurately charge for it.
For the advertiser it's about being able to effectively manage their budget with maximum insight, have presentable metrics, and prove the return-on-investment through an increase in sales. It's the responsibility of our industry to have the technology in place to accommodate the expanding and variable cost models to support this.
Regulation & Compliance:
The performance marketing industry has lacked formal regulation and this has been an issue for a while – it stops advertisers placing their trust in performance marketing networks and publishers, but it's also prevented the industry from gaining its rightful credibility. With a pay-for-performance payment model, performance marketing is one of the few marketing mediums where you pay based on the result, not upfront before the campaign is proven. However, it's often seen as an afterthought in the marketing mix. The industry must come together to create a blueprint for best-practice with a formal code-of-conduct, and implement an accreditation programme, with a regulated audit process for guaranteed compliance. Greater regulation and compliance will assure the future of our industry.
About the author
Dan Cohen is regional director at Tradedoubler. Dan joined Tradedoubler in 2011 to set up the Publisher Development Team. Prior to that, he worked in online advertising for seven years, holding strategic roles at ITV and GWR Radio, and a number of senior roles at affiliate network and dgm.
Tradedoubler is an international leader in performance-based digital marketing and technology. Founded in Sweden in 1999, Tradedoubler pioneered affiliate marketing in Europe and remains the most successful pan-European affiliate marketing company, combining strategic international insight with detailed in-country expertise. It helps 2,000 advertisers achieve their business goals through its high quality affiliate network of 140,000 publishers and was the first to offer an integrated e- and m-commerce offering to help advertisers extend their online programmes to users on mobile devices.


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It's hard to make money on mobile games, even if you're the King!
Added over 2 years ago | As appeared first on beyonddevic.es | Author: Jan Dawson
King Digital, maker of Candy Crush, reported its earnings for Q2 2014 on Tuesday, and they weren't pretty. The market acted as if its results had suddenly soured from one quarter to another, but the reality is that most of the underlying trends have been worsening for about a year now, since well before its March IPO. See the charts below. As a primer, two things to know about King and its financials. One is that Candy Crush, easily its most popular game, dominates its results. The other is t...Continue reading on www.beyonddevic.es


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BANK OF MAHARASHTRA RTGS HO Branch in BANDORA - Address, IFSC, MICR Code
MAHB0001326MICR Code
SRI SHANTADURG S. TEMPLE KAVALEContact
SHRI. NAGESH SANSTHA BUILDING NAGESHI TAL. PONDA BANDORA 403408City
NORTH GOAState
What is IFSC Code of BANK OF MAHARASHTRA situated at SRI SHANTADURG S. TEMPLE KAVALE- RTGS-HO?
IFSC Code of BANK OF MAHARASHTRA situated at SRI SHANTADURG S. TEMPLE KAVALE - RTGS-HO is
What is the meaning of IFSC Code, MICR Codes in Banking industry?
IFSC or Indian Financial System Code is the code allocated to all banks branches. Bank branches use this code to participate in RTGS and NEFT transactions.
What is the significance of IFSC Code and how we can use it?
IFSC Code is a 11 digit code and we can use this code to communicate between different branches of different banks. Upon receiving the request for fund transfer it is easy for a bank to identify the payee branch. First four characters are code of bank, last six digits are branch code and fifth character is left 0, for any future use.


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Hand Care (part 1) – trimming calluses
I shot this video to show you what you should be doing to take care of your hands so that when you do a workout with 100 pull ups (hint, hint), you significantly reduce the likelihood of ripping. Enjoy.
Today's Workout
18-15-12-9-6-3 rep rounds for time of:
Pull Ups


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Find trending articles through Social News Discovery®! Providing a collaboration of news through social media technologies.
Follow your friends and create your own Online Social Newspaper! Invite your friends to follow you from Facebook. Filter the news articles you see by section, clipper, or mood. Rate each article and comment on all news clips!
Receive site and email notifications about comments and news clips that you are collaborating on!
Get the latest news on the Everyone page, the viral and trending news clips will always be at the top! See the trending news and articles!
[Entertainment] Comic-Con: Simpsons unveil 600th episode clip featuring Bart as James Bond | EW.com
"We don't mean to scare you, but The Simpsons will enter severely rarefied air and hit a massive milestone — 600 episodes! — on Oct. 16. The follks running Springfield, however, do mean to scare you with this landmark episode: It's "Treehouse of Horror XXVII." At a Saturday afternoon panel at Comic-Con for the forever-running animated show, producers unspooled a clip from the annual Halloween episode that features Bart as James Bond.", www.ew.com
Please enjoy the site during our beta phase and provide us with feedback on suggestions and issue details. Please remember that we are still in beta and there will be issues and site changes during this time.
Newsclip® the leading Online Social Newspaper, find trending articles through Social News Discovery®!
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Kate Middleton Dress for Sam Taylor-Wood Wedding
The artist Sam Taylor-Wood has married fiancé actor Aaron Johnson in a ceremony in Somerset. The 45 year old artist was previously married to the White Cube gallerist Jay Jopling and is the mother of his two children Angelica, 15, and Jessie, 6. She has two further daughters with the 22 year old Mr Johnson.
The OBE awarded artist met Johnson when he starred as Beatles guitarist, John Lennon in the Taylor-Wood directed film Nowhere Boy.The bride wore a stunning dress by Kate Middleton's favourite designer Sarah Burton, who is the creative director of the Alexander McQueen label. The groom wore a Tom Ford suit.
Taylor-Wood has been a Turner prize nominee, but lately has turned her talents to commercial filmmaking.She recently had success with Nowhere Boy a bio-pic about Beatle, John Lennon's early life. Her installations include a National Portrait Gallery commissioned piece in which she filmed David Beckham asleep. She is also noted for her photo images of people floating in mid air and her Crying Men series, showing a number of Hollywood stars in tears.In the 2004 work, the likes of Dustin Hoffman, Tim Roth, Woody Harrelson, Michael Gambon, Jude Law, Robert Downey Jr and Paul Newman were photographed after Taylor-Wood got them to perform and cry for the camera. She has stated,"It's very gratifying for an artist to get recognition at this level."She won the Most Promising Artist Award at the Venice Biennale in 1997 but she lost out to Chris Ofili when she was shortlisted for the Turner the following year.


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English, , 1,017kb
Representatives of the financial services sector met in October 2010 to discuss sovereign debt challenges faced by banking systems and bond markets. This article summarises these discussions which covered the current outlook and risks - including capital flows and global rebalancing, sovereign risks and challenges for the banking sector.
English, , 630kb
This paper suggests avenues for strengthening the governance and management of the Japanese Government Pension Investment Fund (GPIF), the largest single pool of pension assets in the world.
English, , 445kb
Southeast Asian economies have shown considerable resilience during the current global financial and economic crisis due to national and regional policy responses to the Asian Crisis of 1997/98 that improved the soundness of banking systems, strengthened frameworks to deal with foreign currency liquidity problems, and developed bond markets. This paper discusses the economies and financial systems of Southeast Asia (SEA) and focuses
As a result of reforms and financial sector development, the People's Bank of China (PBoC) now exerts significant control over money market interest rates.
This Toolkit assists pension supervisors to identify potential risks faced by pension plans or funds and assess the financial and operational factors in place to minimise and mitigate those risks.
This paper analyses the factors influencing the level and volatility of real house prices in a panel of OECD countries over the period 1980-2005.
These good practices provide an integrated, action-oriented framework for the identification of disaster risks, promotion of risk awareness, enhancement of prevention and loss mitigation strategies, and design of compensation arrangements.
English, Excel, 63kb
The recent major earthquakes in Chile and Haiti are the latest reminder of the urgent need for disaster preparedness. This guidance reflects international good practices on the mitigation and financial management of catastrophic risks.
The euro area financial system took excessive risks during the global credit boom, which in some countries led to an unsustainable increase in credit, higher asset prices and housing booms.
For more than two decades, the world's economic growth and development was largely fuelled by globalisation-the opening up of financial and product markets, and the emergence of economies such as China, India and Brazil. This process was hit by an earthquake with the global financial crisis of 2008, an event which some have dubbed the "first crisis of globalisation".


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Monsters Inc Mike
Instant Download Monsters Inc Favor Bags - Monsters Inc Party/ Goody/ Candy…
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Monsters, Inc
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Mike and Sulley Monsters Inc. 8x10 Poster by LittoBittoEverything
Mike Wazowski Monsters Inc 8x11 handcut 3D paper craft by willpigg
Personalised Monsters Inc Mike Wazowski Invitations. Printed on Professional 300 GSM smooth card with free envelopes & delivery as standard. www.beyondtheink.co.uk
Instant Download - PDF file for you to print out & assemble these 2 inch Circle Toppers! Circle Toppers can be used for many things. Either as lolly


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Graduate Certificate in Arts
Booth College
Graduate Certificate
|Mid Year Intake?
|Study Mode
|Entry Requirements
|School for Christian Studies
|External, Full-time internal, Part-time internal
3-year bachelor award or equivalent in any discipline
Course Description
This course is designed for those who hold a tertiary qualification in a non-theological discipline, who wish to pursue a graduate qualification in theology, and who are seeking skills in theological studies to enhance their professional work.
Subjects you can Study
Biblical studies; Theological ethics; Christian spirituality; Church history; Counselling; Humanities; Liturgical studies; Missiology; Pastoral theology and practice; Philosophy; Theology
About Booth CollegeCourses at Booth College are open to the public. It is owned by the Salvation Army and provides a range of courses from VET to Higher Education in a variety of areas including ministry, theology, leadership and management, counselling, pastoral care. Courses are available online or face to face at a number of sites and full or part time. The School for Christian Studies offers 4 undergraduate courses from Diploma to Bachelor level and 5 postgraduate courses from Graduate Certificate to Masters. Australian Government FEE-HELP is available for eligible higher education students.
Provider CRICOS: 02948J (Higher Education), 00985J (VET)
Graduate Certificate
School for Christian Studies
- External = 0.5 year
- Full-time internal = 0.5 year
- Part-time internal = 1.5 years
36 credit points (4 units)
Entry Requirements
3-year bachelor award or equivalent in any discipline
Study Pathways
Graduate Diploma of Arts; Master of Arts
This is a Sydney College of Divinity award.
Life after Study
Related Careers
Religious Leader
Religious leaders are responsible for leading worship, and providing guidance and instruction to members of their faith, sect or tribe. They are also responsible for any associated administrative duties. The term 'religious leader' covers a range of titles and functions such as Aboriginal ceremonial celebrant, chaplain, imam, minister, missionary, monk, nun, pastor, priest, rabbi, religious brother/sister, religion teacher, religious counsellor and religious youth leader.


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The Thursday Blur: Let's Get Ready to Rumble!
S&P slithering sideways through the five session set.
Textbook Technical Analysis dictates that a retest of the acne zone is where you want to initiate risk, yet the pullbacks have been Shallow Hal at best. As we know from our Ten Trading Commandments, we must respect-but never defer to-the price action and take disciplined steps on this excellent adventure.
With that vibe in mind, let's dive right into the meat of the heat:
- From my perch, Minyan Peter's latest missive is a must-read for Minyans. Our resident bank expert was the treasurer at one of the biggest banks in the country when that was still considered an honor. We're lucky to have him and his content is free. Please take advantage of his insight, my friends.
- This CSN review is stoking my embers of excitement for the upcoming Red Rocks show. Is it September 2nd yet?
- I spy a potential double bottom in the dollar index. It's too early to know for sure, but given the slink higher and the proximity of the downtrend, I wanted to put it on your radar for obvious reasons. A move through DXY 80 might prove meaningful.
- While the dollar and asset classes can both decline, a lower dollar is a necessary precursor to higher asset classes. This is the perceived lesser of two evils in the eyes of policy makers (until such time foreign holders cry Uncle Sam and usher in a seismic shock).
- That's purely my opinion, of course, but it's been my opinion since 2002 (seriously, check the archives) and has worked like a lucky charm.
- While you were sleeping, McClatchy (MNI) has rallied 330% in the last seven sessions while Gannett (GCI) and The New York Times have tacked on 40% in nine sessions. Keep it in perspective, of course-'twas my worst call of 2008-but note it nonetheless.
- While I view Bank of America (BAC) as the super-tell, Goldman Sachs (GS) is right on it's heals. When the two of them are pointed in the same direction, their effectiveness as a 'broader read' intensifies).
- Courtesy of Minyan Mark, "take a look at the S&P 200 monthly EMA. It was support in 2002 and now obvious resistance at S&P 1010."
- If you have an interest in attending the NYSSA Market Forecast Panel on Tuesday, please enter "MINYAN" as a registration code for our community discount. I'll be there but there's no word on Tito yet.
- If you have an interest in listening to one of my all-time favorite Dead tunes, click here!
- Please join me in welcoming Megan "Nutmeg" Barnett as Minyanville's new deputy editor. I trust you'll find her to be terrific value add in our continued mission to affect positive change through financial understanding.
- Would you rush your children to be part of a fast-track clinical trial?
- If you're dig the 'Ville (or the Buzz), please tell two friends and they'll tell two friends and so on and so on and so on!
- Where are we in the denial-migration-panic process? There are two lenses to assess. First, the time horizon and second, the "bull vs. bear" debate.
- Many seem to think we're in the migration phase of a long-term bull market and the bears are in denial.
- From 40,000 feet, I would offer we're in the middle (migration) phase of a long-term secular bear market but that's not mutually exclusive to being in the panic portion of a near-term bull phase.
- Confused yet? Time and price, Minyans, time and price.
- I'm not into conspiracy theories-ok, not true!-I am sometimes (but they're not always conspiracies). I would rather Minyans have all available information and make decisions for themselves.
- Either way, I'm not looking forward to flu season.
- A proper perspective goes a long way. Seriously, it could be worse!
- Good luck today, Minyans, and remember profitability begins within!
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Todd Harrison is the founder and Chief Executive Officer of Minyanville. Prior to his current role, Mr. Harrison was President and head trader at a $400 million dollar New York-based hedge fund. Todd welcomes your comments and/or feedback at email@example.com.
The information on this website solely reflects the analysis of or opinion about the performance of securities and financial markets by the writers whose articles appear on the site. The views expressed by the writers are not necessarily the views of Minyanville Media, Inc. or members of its management. Nothing contained on the website is intended to constitute a recommendation or advice addressed to an individual investor or category of investors to purchase, sell or hold any security, or to take any action with respect to the prospective movement of the securities markets or to solicit the purchase or sale of any security. Any investment decisions must be made by the reader either individually or in consultation with his or her investment professional. Minyanville writers and staff may trade or hold positions in securities that are discussed in articles appearing on the website. Writers of articles are required to disclose whether they have a position in any stock or fund discussed in an article, but are not permitted to disclose the size or direction of the position. Nothing on this website is intended to solicit business of any kind for a writer's business or fund. Minyanville management and staff as well as contributing writers will not respond to emails or other communications requesting investment advice.
Copyright 2011 Minyanville Media, Inc. All Rights Reserved.
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Sunday, September 4, 2016
Rushford crash injures two
State police said two people were injured just after 2 p.m. Saturday in a two vehicle crash on State Route 243 in Rushford. Troopers identified the drivers as Stephen M. Lewis, 69 of Houghton and Jerry O. Colburn, 62 of Wellsville. One driver was sent to Olean General while the other was treated at Jones Memorial. Rushford and Houghton ambulances transported the patients. An accident description was not immediately available.


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Well-controlled polymerization of 2-azidoethyl methacrylate at near room temperature and click functionalization
A functional monomer with a pendant azide moiety, 2-azidoethyl methacrylate (AzMA), was polymerized via reversible addition-fragmentation chain transfer (RAFT) polymerization with excellent control over the molecular weight distribution (PDI = 1.05–1.15). The subsequent copper-catalyzed Huisgen 1,3-dipolar cycloadditions of phenyl acetylene with polyAzMA was achieved at room temperature with high conversion. The resulting functional polymer exhibited identical 1H NMR and IR spectra with the polymer of the same molecular structure but prepared by a prefunctionalization approach, confirming the retention of the azide side chains during the RAFT polymerization of AzMA. © 2007 Wiley Periodicals, Inc. J Polym Sci Part A: Polym Chem 45: 4300–4308, 2007


text: An unassuming but pleasant restaurant, where the people waiting on you aim to create a most pleasant dining experience from start to finish. Low background music so you can talk easily (important for my brother who wears hearing aids), a nice menu with delicious options. The Sardinian wine that was recommended was excellent, the homemade soup awesome. Our waiter listened... More


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2011 Saint Clair Pioneer Block 6 Oh! Block Sauvignon Blanc
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Brilliant very pale straw colour with faint greenish tinge around the edge and watery hue. The nose displays intense aromas of passionfruit and citrus followed by some tropical fruits and some ripe gooseberry. The palate delivers mouthfilling passionfruit, tropical fruit and citrus flavours. Clean crisp finish with long passionfruit, ripe gooseberry and citrus aftertaste.
Drink now (2011).
Alc 13.0%


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Chinese White Box Vendors Ready to Ship 200 Mil Smartphones
China-based white box vendors will get an impressive impact on the smartphone market this year, since estimations say that they'll ship 200 million smartphones this year. The info comes from industry sources in Taiwan and their advantage is the availability of cheap chip solutions.
Taiwanese company MediaTek will offer the makers its MT6575 chip solution, that will be available for use on entry level smartphones in Q1 2012. There's also the MT6577 chipset for high level devices, that will be available in the third quarter of 2012. MediaTek will ship 50-70 million chips to the white box vendors mentioned above, for around 30% of the smartphones that will be shipped by the vendors in 2012. Qualcomm has also enhanced the promotion on the Chinese market and now offers turn key solutions to the vendors we mentioned plus prices as low as $6 for chips.
White box vendors from China will sell more than 60% of their smartphone output to overseas markets and these include area where 3G networks aren't that popular and mature yet, sources say. We're also expecting a larger market demand seeing that production costs will drop to $60, $85 and $130, according to the sources. We've tested some interesting devices from Allview, Eboda and Evolio, Eastern European companies that buy white box vendor devices and rebrand them, plus they add something extra to the price and still the result is affordable. Will they also revamp their lineup as the chip prices drop? We'll see…


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November 30, 2010
SHARON Q. YANG, PLAINTIFF-RESPONDENT,v.BIAO XUE, DEFENDANT-APPELLANT.
On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Middlesex County, Docket No. FM-12-1139-05C.
Submitted October 19, 2010 - Decided Before Judges Payne and Koblitz.
Defendant Biao Xue appeals the trial court's order of November 6, 2009, directing that the parties' educational fund set up at the time of divorce could be used to pay for their daughter's educational expenses prior to college. After considering defendant's arguments in light of the record and applicable law, we affirm.
The parties were married on June 6, 1995, and had one child, B.X., who was born on March 7, 1996. Their divorce judgment of July 26, 2005, incorporated their signed Marital Settlement Agreement dated May 28, 2005. The parties drew up the agreement themselves. They both waived any spousal support from the other. Paragraph 8 of the agreement states:
The Husband and the Wife both agreed to set aside $90,000 in education funds for [B.X.] . . . It shall be used for [B.X.] exclusively . . . Any use of this money shall be agreed upon by both the Husband and the Wife.
The parties did not agree on the purpose or use of this educational fund. Defendant believed it should be saved for B.X.'s college expenses, while plaintiff wanted to use it for the child's current educational needs such as tutoring and educational summer camp. Plaintiff filed a post-judgment motion seeking, among other relief, the ability to use the fund for their daughter's current educational needs.
The trial court's order on November 6, 2009, states in pertinent part:
Paragraph 8 of the parties' Marital Settlement Agreement is amended as follows: the term "educational funds" shall encompass current and future educational tutors, learning camps, SAT exams and prep course costs, and educationally-related expenses for entrance applications, tuition and fees, housing[,] textbook costs, transportation and food.
Plaintiff relates that her daughter did very poorly in math until plaintiff hired a certified teacher charging $55 per hour to tutor B.X., thereby incurring charges of about $500 per month. In her brief, plaintiff indicates the child's math grade improved from a D to a B since receiving this tutoring.
Plaintiff also indicates that her employer will pay most, if not all, of B.X.'s college tuition, so the educational fund might not be fully utilized for college. Plaintiff works for Rider University, which allows the children of university employees to attend the school free of charge. In addition, if B.X. chooses to attend another college, Rider will pay eighty percent of the current Rider tuition up to the total tuition of that college.
Defendant argues that the parties agreed the fund was to be used only for college. He says they negotiated their agreement in Chinese and forgot to put the English word "college" before "education fund." He is also concerned that Rider may no longer offer tuition for the children of employees by time B.X. goes to college. He thinks plaintiff should pay for their daughter's current educational needs from plaintiff's salary and his child support. Defendant maintains that he pays enhanced child support of $1380 per month to ensure his daughter receives every advantage. Plaintiff maintains that the increased child support was in exchange for the permanent waiver of alimony. Plaintiff also points out that in 2004, one year prior to the divorce, defendant earned approximately $188,000 and plaintiff $66,000, so that the defendant's child support is consistent with the New Jersey Child Support Guidelines (Guidelines).*fn1 Pressler & Verniero, Current N.J. Court Rules, Appendix IX to R. 5:6A (2011). Defendant does not take issue with B.X.'s current need for tutoring, educational camps or other college preparation,*fn2 although he does blame plaintiff for neglecting B.X.'s education.
The trial court explained its decision*fn3 on March 4, 2010, by first relating the dictionary definition of "education," which of course encompasses the tutoring and other expenses delineated by plaintiff. The court then noted that:
[P]reparation for attendance at a college or university is often more important than attendance at the university itself. It is imperative that the student be properly prepared for attendance at the university or college. Preparation may include additional instruction, i.e. tutors, or applications to the college or university, transportation to and from.
It is not the court's responsibility to draft a new or better agreement for the parties, but to interpret the agreement which they have created themselves.
Given the Family Part's special expertise, appellate courts must accord particular deference to fact-finding in family cases, and to the conclusions that logically flow from those findings. Cesare v. Cesare, 154 N.J. 394, 412-13 (1998). We agree with the trial court that, as with any contract, a court should enforce a divorce agreement as written. Brawer v. Brawer, 329 N.J. Super. 273, 284 (App. Div. 2000).
Although children's educational funds are frequently thought of as college funds by the parties, they must specify the limited use of the fund in the agreement if they both agree the funds should be exclusively used for college. The parents did not have any reason to expect B.X. would need specialized tutoring when they divorced in 2005 when their daughter was nine years old. B.X. is currently preparing herself for an eventual college admission process. The parents agree that she should perform well in school now to fulfill her educational goals in the future. As pointed out by the trial court, these current expenses are educational, and therefore the plain meaning of the contract supports the court's decision. Highland Lakes Country Club & Comm. Ass'n v. Franzino, 186 N.J. 99, 115 (2006) (noting that the "'fundamental canons of contract law require that [courts] examine the plain language of the contract and the parties' intent, as evidenced by the contract's purpose and surrounding circumstances.'") (quoting State Troopers Fraternal Ass'n v. New Jersey, 149 N.J. 38, 47 (1997)).
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The character of Sir John Falstaff – a vain, corpulent and cowardly knight - appears in Shakespeare's two 'Henry IV' plays and 'The Merry Wives of Windsor'. Falstaff has also inspired a number of great classical works.
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Today's great Welsh bass-baritone Bryn Terfel has been performing Verdi's version of Falstaff for some years. His reading of the role reveals a noble graceful knight, albeit past his prime.
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