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decided: October 19, 1978.
LOCAL DIVISION 519, AMALGAMATED TRANSIT UNION, AFL-CIO, PLAINTIFF-APPELLEE,v.LA CROSSE MUNICIPAL TRANSIT UTILITY AND CITY OF LA CROSSE, WISCONSIN, DEFENDANTS-APPELLANTS.
Appeal from the United States District Court for the Western District of Wisconsin. No. 77 C 292 - James E. Doyle, Judge.
Before Swygert and Cummings, Circuit Judges, and Markey, Chief Judge.*fn1
Defendants-appellants appeal from an order granting a preliminary injunction enforcing a binding arbitration clause in a collective bargaining agreement made pursuant to the provisions of 49 U.S.C. §§ 1601 Et seq. The questions on appeal are: (1) whether the district court had jurisdiction over this action; (2) whether, if federal jurisdiction exists, the district court should have abstained from exercising it; and (3) whether the district court improvidently issued the preliminary injunction.
From the turn of the century until 1974 intracity transit facilities in the City of LaCrosse, Wisconsin were furnished by the LaCrosse Transit Company, a private enterprise. During the spring of 1974 the City created the Municipal Transit Utility and applied for a capital grant from the Urban Mass Transportation Administration under the Urban Mass Transportation Act of 1964, 49 U.S.C. §§ 1601 Et seq. The application was principally for the purpose of obtaining funds to purchase the Transit Company. Following the grant of the funds, the purchase was effected and the municipally owned bus system began operations January 1, 1975.
The Transit Company's employees have always been represented by Local Division 519, Amalgamated Transit Union, AFL-CIO, for purposes of collective bargaining, and during the period 1936-1975 they were entitled to the protection of the National Labor Relations Act, 29 U.S.C. §§ 151 Et seq. As a result of the acquisition of the Transit Company by the Municipal Transit Utility, the employees became public employees and were no longer covered by the National Labor Relations Act. Local 519, however, continued to be their collective bargaining agent. Before the takeover, the Transit Company and the Union were parties to a collective bargaining agreement governing the wages, terms, and working conditions of the employees. The agreement covered the period from March 1973 to June 1975 and established binding arbitration for all differences relating to the terms of employment.*fn2
The application for a federal grant was accompanied by an agreement between LaCrosse and the Union executed on April 4, 1974 and was made pursuant to the requirements of § 13(c) of the Urban Mass Transportation Act, 49 U.S.C. § 1609(c).*fn3 Under that section, a grant applicant is obliged to make "fair and equitable arrangements . . . to protect the interests of employees affected by such assistance" as a condition of the receipt of federal funds. Accordingly, the agreement recognized the Union as the collective bargaining representative of the employees of the Transit Utility. It also guaranteed that the Transit Utility would bargain collectively with Local 519 and would arbitrate labor disputes, including the making or maintaining of collective bargaining agreements.*fn4 (The 13(c) agreement did not, however, provide a procedure for enforcing these rights.) The agreement was approved by the Secretary of Labor on May 1, 1974 and was incorporated into the capital grant contract between LaCrosse and the United States, which was concluded in November 1974.*fn5
There remained, however, the original collective bargaining agreement between the Union and the Transit Company which was to run until June 1975. Once the Transit Company was acquired by LaCrosse and became the Municipal Transit Utility, that original agreement would have no effect. In order to cover the period between the acquisition date of January 1, 1975 and the June 1975 expiration date of the original agreement, Local 519 and LaCrosse entered into a "conversion agreement." This agreement set forth the wages, terms, and conditions of employment for the transit employees during the interim period. Notably absent from the conversion agreement was any provision for "interest" arbitration, the arbitration of disputes over the making of subsequent collective bargaining agreements. Once they became public employees, the employees were excluded from coverage by the National Labor Relations Act and instead fell under the provisions of chapter 111 of the Wisconsin Statutes which forbade them to strike.
In June 1975 the conversion agreement expired. When negotiations for a new agreement reached an impasse, Local 519 demanded interest arbitration, invoking the provisions of the 13(c) agreement. LaCrosse disputed the Union's claim, contending that the arbitration of a new collective bargaining agreement should be undertaken pursuant to the conversion agreement. The arbitrators, rejecting LaCrosse's contention, ruled that arbitration of the terms of the new collective bargaining agreement was required by section 11 of the 13(c) agreement. The arbitrators then decided the substantive terms of the dispute between the parties.
The contract established by arbitration in 1975 expired June 16, 1977. Negotiations between the parties over the terms of a new contract began in early 1977, but deadlocked June 18, 1977. On July 8 the Union formally requested the Transit Utility to enter into binding arbitration of a new collective bargaining contract under the terms of the 13(c) agreement. The request was rejected by the Transit Utility. At that point the Union filed this action in the district court, alleging that LaCrosse had violated the 13(c) agreement and the grant contract between LaCrosse and the United States. The complaint requested specific performance.
Shortly after the suit was filed the district court entered a preliminary injunction requiring LaCrosse to proceed to arbitration under section 11 of the 13(c) agreement. Thereafter the defendants filed their motion to dismiss for lack of jurisdiction or to abstain. The motion was denied. At the same time the court stayed the preliminary injunction to permit the defendants to petition this court for a stay. On February 14, 1978 this court denied a stay of the preliminary injunction. By timely notice, the defendants have prosecuted this appeal.
The primary question is whether the district court had subject matter jurisdiction under 28 U.S.C. § 1331 to consider this suit. All other questions are subordinate, including what remedy, if any, the Union might assert to enforce its alleged right to interest arbitration. The Supreme Court's decision in Bell v. Hood, 327 U.S. 678, 682, 66 S. Ct. 773, 776, 90 L. Ed. 939 (1946), requires this approach: "Whether the complaint states a cause of action on which relief could be granted is a question of law and just as issues of fact it must be decided after and not before the court has assumed jurisdiction over the controversy."
The test for determining federal subject matter jurisdiction was correctly enunciated by Judge Doyle in his memorandum opinion, reported at 445 F. Supp. 798, 804 (W.D.Wis.1978):
A case "arises under" the Constitution or the laws of the United States when its decision depends upon the interpretation of the Constitution or federal law, Cohens v. Virginia, 6 Wheat. 264 (19 U.S. 264), 376, 5 L. Ed. 257 (1821); that is, when the action may be defeated by one construction of the law and sustained by the opposite construction. Osborn v. Bank of the United States, 9 Wheat. 738, 821-822, 22 U.S. 738, (821-22), 6 L. Ed. 204 (1824); Gully v. First National Bank, 299 U.S. 109, 112, 57 S. Ct. 96, 81 L. Ed. 70 (1936); Goldman v. First Savings and Loan Ass'n of Wilmette, 518 F.2d 1247, 1251 n. 7 (7th Cir. 1975). For the purpose of federal jurisdiction, an "action" is defined in terms of the right asserted, not the remedy sought. Cohens v. Virginia, supra at 379. The right asserted, on which federal jurisdiction depends, must be an essential element of the plaintiff's cause of action. Gully v. First National Bank, supra; Phillips Petroleum Co. v. Texaco, Inc., 415 U.S. 125, 127, 94 S. Ct. 1002, 39 L. Ed. 2d 209 (1974).
Mr. Justice Cardozo explicated the test in Gully v. First National Bank, supra: "To bring a case within the statute, a right or immunity created by the Constitution or laws of the United States must be an element, and an essential one, of the plaintiff's cause of action. . . . The right or immunity must be such that it will be supported if the Constitution or laws of the United States are given one construction or effect, and defeated if they receive another." 299 U.S. at 112, 57 S. Ct. at 97 (citations omitted). Accordingly, we must inquire whether the source of an essential element of the Union's cause of action for breach of contract originates in a law of the United States.
The district court found two such elements in the Urban Mass Transportation Act: (1) a 13(c) agreement was required by § 13(c) of the Act as a condition to LaCrosse's receipt of the grant of public funds and (2) in light of the alleged circumstances, § 13(c) required that the agreement include an interest arbitration provision which was to remain in effect during the life of the capital grant contract. When the totality of the allegations of the complaint are considered, the Union's cause of action contains the necessary elements for federal question jurisdiction irrespective of whether those allegations are bisected according to the analysis undertaken by the district court.
Congress, exercising its spending power, enacted the Urban Mass Transportation Act, which authorized the granting to public bodies, such as a municipality, of federal funds for the acquisition, construction and improvement of mass transportation facilities. As a condition to a grant, the Act requires a contract between the United States and the public body, containing various obligations on the part of the recipient. Specifically, § 13(c) provides that, "It shall be a condition of any assistance . . . that fair and equitable arrangements are made (between the recipient and its employees), as determined by the Secretary of Labor, to protect the interests of employees affected by such assistance." The section then provides that these protective arrangements shall include provisions of the preservation of employee rights under existing collective bargaining agreements, the continuation of such agreements, and the protection of employees against a worsening of their position. Finally, § 13(c) provides that the contract for the grant shall specify the terms and conditions of the protective arrangements.
Because § 13(c) mandates a "fair and equitable arrangement" that meets the approval of the Secretary of Labor, the exact and concrete terms of an arrangement define the more general requirements of the statutory provision. The approval of the Secretary stamps the 13(c) agreement as something more than a mere private contract formulated under the aegis of a federal statute. Instead, the contract is infused with statutory prerequisites. Clearly, then, the terms written into a 13(c) agreement are grounded in federal law. The validity of this view becomes even more clear when we consider that the 13(c) agreement is a part of an overall contract which is itself mandated by the Act. As we have just indicated, the Urban Mass Transportation Act mandates the making of a 13(c) agreement containing exact, fair, and equitable arrangements that have the approval of the Secretary of Labor. But the mandate does not cease when the agreement is reached and approved; perforce it requires the parties to abide by the agreement. Therefore, if enforcement is sought, federal law questions do not "lurk" in the background, as LaCrosse contends; they become the very basis for adjudication. Ineluctably, questions concerning the validity of a contract imposed by the Act and any rights flowing from the contract require application of federal law. The situation here is fundamentally different from that where an order of a federal regulatory agency authorizing the making of a private contract is solely permissive. McFaddin Express, Inc. v. Adley Corp., 346 F.2d 424 (2d Cir. 1965), Cert. denied, 382 U.S. 1026, 86 S. Ct. 643, 15 L. Ed. 2d 539 (1966). In contrast, a 13(c) agreement is so intertwined with the federal statutory scheme that § 1331 subject matter jurisdiction must necessarily arise.
International Association of Machinists v. Central Airlines, Inc., 372 U.S. 682, 83 S. Ct. 956, 10 L. Ed. 2d 67 (1963), is direct authority for our holding. In that case a labor union filed a suit in federal court to enforce an award made by an airline board of adjustment. The board had been established by an agreement between the airline company and a labor union pursuant to section 204 of the Railway Labor Act, 45 U.S.C. § 184, which required the creation of the board by private contract. According to the Act the award of the board was final and binding. 45 U.S.C. § 153. The Court held that the action to enforce the award arose under federal law.
As Judge Doyle noted, central to the Court's holding was its observation that the duty to create an adjustment board "was more than a casual suggestion to the air industry." 372 U.S. at 686, 83 S. Ct. at 959. The Court explained:
Although the system boards were expected to be temporary arrangements, we cannot believe that Congress intended an interim period of confusion and chaos or meant to leave the establishment of the Boards to the whim of the parties. Instead, it intended the statutory command to be legally enforceable in the courts and the boards to be organized and operated consistent with the purposes of the Act.
We have held other duties imposed upon the carriers and their employees by the Railway Labor Act binding and their breach redressable in the federal courts, such as the duty to bargain, Virginian R. Co. v. System Federation, 300 U.S. 515, 545, 57 S. Ct. 592, 81 L. Ed. 789 and the duty of a certified bargaining representative to represent all members of the craft without discrimination. Steele v. Louisville & N. R. Co., 323 U.S. 192, 65 S. Ct. 226, 89 L. Ed. 173. We take a similar view of the duty to establish adjustment boards under § 204. Id. at 690, 83 S. Ct. at 961.
The Court, then, in language peculiarly apposite to the question before us, ruled that a section 204 contract and its enforceability were governed by federal law:
The contracts and the adjustment boards for which they provide are creations of federal law and bound to the statute and its policy. If any provision contained in a § 204 contract is enforceable, it is because of congressional sanction: "(T)he federal statute is the source of the power and authority. . . . The enactment of the federal statute . . . is the governmental action . . . though it takes a private agreement to invoke the federal sanction. . . . A union agreement made pursuant to the Railway Labor Act has, therefore, the imprimatur of the federal law upon it. . . ." Railway Dept. v. Hanson, 351 U.S. 225, 232, 76 S. Ct. 714, 718, 100 L. Ed. 1112. That is, the § 204 contract, like the Labor Management Relations Act § 301 contract, is a federal contract and is therefore governed and enforceable by federal law, in the federal courts. Id. at 692, 83 S. Ct. at 962.
The Court emphasized the point:
The contract of the parties here was executed under § 204 and declares a system board award to be final, binding, and conclusive. The claim stated in the complaint is based upon the award and demands that it be enforced. Whether Central must comply with the award or whether, instead, it is impeachable, are questions controlled by federal law and are to be answered with due regard for the statutory scheme and purpose. To the extent that the contract imposes a duty consistent with the Act to comply with the awards, that duty is a federal requirement. If Central must comply, it is because federal law requires its compliance. Id. at 695, 83 S. Ct. at 964.
Thus, Central Airlines stands for the proposition that an action to enforce a contract mandated by federal statute arises under federal law.
In an attempt to distinguish this case, LaCrosse argues that "the assumption of federal jurisdiction" in Central Airlines "was compelled by the manifest need of the subject matter for national decisional uniformity." Brief for Defendant at 18. The argument continues: "Unlike the situation in Central Airlines no system of dispute resolution has been prescribed by Congress to govern the parties' relations in this case. Nor does the Urban Mass Transportation Act contain any suggestion that the "needs of the subject matter manifestly call for uniformity'. Id. at 691-692, 83 S. Ct. 956." Brief for Defendant at 20, 21.
The answer to LaCrosse's argument is that the differences between the Railway Labor Act and the Urban Mass Transportation Act relate to different aspects of employer-employee relations. The former relates primarily to the resolution of labor disputes in the national railroad industry. The latter, although having for its main purpose the grant of public funds for the extension and improvement of urban transportation systems, provides for the protection and preservation of collective bargaining rights of transit employees.*fn6 Given this difference, both acts, nonetheless, adopt a substantially similar method to obtain their respective objectives: a contract between the parties infused with statutory prerequisites.
As for the needs of the "subject matter uniformity," those needs are identical for the fulfillment of the respective purposes of the two Acts. In Central Airlines, the Court expressed it thusly:
It is therefore the statute and the federal law which must determine whether the contractual arrangements made by the parties are sufficient to discharge the mandate of § 204 and are consistent with the Act and its purposes. It is federal law which would determine whether a § 204 contract is valid and enforceable according to its terms. If these contracts are to serve this function under § 204, their validity, interpretation, and enforceability cannot be left to the laws of the many States, for it would be fatal to the goals of the Act if a contractual provision contrary to the federal command were nevertheless enforced under state law or if a contract were struck down even though in furtherance of the federal scheme. Central Airlines, supra at 690-91, 83 S. Ct. at 961-62.
We need only substitute "s 13(c)" for "s 204" in the above quotation to illuminate the point.
The holding in Central Airlines has been explicitly recognized by this court. Brotherhood of Railway Clerks v. Special Board of Adjustment No. 605, 410 F.2d 520 (7th Cir. 1969), Overruled on other grounds, Merchants Despatch Transportation Corp. v. Systems Federation, 551 F.2d 144 (7th Cir. 1977). In Brotherhood of Railway Clerks, the plaintiff union contended that the federal court possessed §§ 1331 and 1337 jurisdiction to review the award of a Special Board of Adjustment established by contract under a section of the Railway Labor Act which permitted such contractual arrangements for the resolution of grievance-type disputes. We rejected the plaintiff's contention, saying:
That this case is inapplicable to the dispute before us is apparent if we keep in mind the fact that Board No. 605 is a contractual and not a statutory board. In Central Airlines, the parties agreed to establish a system board of adjustment to resolve grievance disputes. The Supreme Court, in ruling that awards of an airline system board of adjustment can be enforced in a federal court, made it clear that agreements to submit matters to these boards were not permissible but mandatory.
410 F.2d at 523. The holding in Brotherhood of Railway Clerks was overruled by this court in Merchants Dispatch. We continued, however, to recognize the validity of Central Airlines as authority for our decision. 551 F.2d at 151-52.
This court's decision in McDaniel v. University of Chicago, 512 F.2d 583 (7th Cir. 1975), also supports our present holding. In that case we ruled that federal question jurisdiction existed to enforce the prevailing wage requirements of the Davis-Bacon Act, 40 U.S.C. § 276a-2(b). That statute makes it a condition to the receipt of federal funds that the recipient contract with the federal government to pay laborers the prevailing wage on construction projects. Chief Judge Fairchild wrote:
We therefore conclude that plaintiff's complaint, in that it sought to enforce defendant's contractual commitment to pay "prevailing" wages as determined by the Secretary of Labor, stated a cause of action under the Davis-Bacon Act for which relief could be granted and that subject matter jurisdiction was properly based upon 28 U.S.C. § 1337.
Id. at 588. On remand we expressly adhered to our decision on the jurisdictional question. 548 F.2d 689, at 695.
The Eighth Circuit's decision in Brotherhood of Locomotive Engineers v. Chicago & North Western RR Co., 314 F.2d 424 (8th Cir. 1963), is also pertinent to our holding. As Judge Doyle noted, the analogy of 13(c) of the Urban Mass Transportation Act and § 5(2)(f) of the Interstate Commerce Act, 49 U.S.C. § 5(2)(f), is "obvious." A comparison of the two sections reveals a striking similarity. Apparently Congress patterned § 13(c) after § 5(2)(f). Furthermore, in Norfolk & Western RR Co. v. Nemitz, 404 U.S. 37, 92 S. Ct. 185, 30 L. Ed. 2d 198 (1971), the Supreme Court implicitly ruled that the exercise of federal court jurisdiction was warranted in enforcing § 5(2)(f) protective agreements.
Lastly, we note that the Eighth Circuit has very recently decided the identical question that is before us, ruling that subject matter jurisdiction under 28 U.S.C. § 1331 is present. Division 1287, Amalgamated Transit Union v. Kansas City Area Transportation Authority, 582 F.2d 444, No. 78-1255 (8th Cir., August 21, 1978).
LaCrosse contends that even if the Union's case is one that "arises under" the laws of the United States it should be dismissed on the grounds that (1) the Union failed to allege in its complaint the requisite amount in controversy in order to confer jurisdiction under 28 U.S.C. § 1331 and (2) the matter in dispute does not exceed the sum of $10,000, exclusive of interest and costs.
The Union failed to plead the jurisdictional fact of the amount in controversy; however, in the absence of a specific allegation, this court may infer the required pecuniary value from the facts stated in the Union's complaint. Giancana v. Johnson, 335 F.2d 366 (7th Cir. 1964), Cert. denied, 379 U.S. 1001, 85 S. Ct. 718, 13 L. Ed. 2d 702 (1965).
With respect to its second contention, LaCrosse urges that the case be dismissed because the Union is unable to establish in good faith that the matter in controversy exceeds the value of $10,000. The test for determining the minimal amount was stated in St. Paul Mercury Indemnity Co. v. Red Cab Co., 303 U.S. 283, 288-90, 58 S. Ct. 586, 82 L. Ed. 845 (1938). There the Supreme Court ruled: "(It) must appear to a legal certainty that the claim is really for less than the jurisdictional amount to justify dismissal." Absolute certainty that the requisite amount is satisfied need not be met; a present probability is sufficient. Scherr v. Volpe, 336 F. Supp. 882, 885 (W.D.Wis.1971), Aff'd, 466 F.2d 1027 (7th Cir. 1972). Applying the legal certainty test to a case seeking equitable relief, the jurisdictional amount is to be measured by the value to the complainant of the right which it seeks to protect. City of Milwaukee v. Saxbe, 546 F.2d 693, 702 (7th Cir. 1976).
The district court resolved the issue of jurisdictional amount by relying on the claims of the Union's members. See Hunt v. Washington Apple Advertising Comm'n, 432 U.S. 333, 97 S. Ct. 2434, 53 L. Ed. 2d 383 (1977). Accordingly, it determined that the value of a new collective bargaining agreement, at least for some of the individual union members, would exceed $10,000. It was not necessary, however, for the district court to resort to the claims of the individual union members to meet the requisite amount in controversy. The essential object sought to be protected by the Union in this action is the right to an arbitration award when a new contract cannot be reached through bargaining. That right, therefore, is the matter in dispute and its value determines the jurisdictional amount. See Davenport v. Procter & Gamble Mfg. Co., 241 F.2d 511, 514 (1957); 2 J. Moore, Federal Practice P 0.92.(5) at 880 (2d ed. 1972). There is no difficulty translating this right into pecuniary terms. The Union is seeking a new collective bargaining agreement for thirty-two employees. It is certain from the facts in the case that a new contract will not be valued at $10,000 or less. It may be readily inferred that past collective bargaining agreements entered into by the Union as representative of these employees involved sums which far exceeded the required jurisdictional amount.
Our determination that the value of the arbitration award of a new collective bargaining agreement may satisfy the $10,000 amount-in-controversy requirement of § 1331 is not an aggregation of the individual claims of the Union members. We agree with the Union that it has an economic interest in a new collective bargaining contract apart from that of the members' interest in the agreement's provisions concerning wages and terms and conditions of employment. See Smith v. Evening News Ass'n, 371 U.S. 195, 200, 83 S. Ct. 267, 9 L. Ed. 2d 246 (1962); J. I. Case Co. v. NLRB, 321 U.S. 332, 64 S. Ct. 576, 88 L. Ed. 762 (1945); NLRB v. Allis Chalmers Mfg. Co., 388 U.S. 175, 87 S. Ct. 2001, 18 L. Ed. 2d 1123 (1967). Accordingly, the district court was correct in not dismissing the complaint for insufficiency of the amount in controversy.
We turn to the question of whether the Union is entitled to a remedy in federal court. It would seem axiomatic that there is a private right of action to enforce the 13(c) agreement by injunctive relief. By definition a contract is a promise enforceable by law. 1 A. Corbin, Contracts § 3 (1963). We agree with Judge Doyle's statement: "Congress intended that the contracts embodying the "fair and equitable arrangements' were to be enforceable contracts. It would be fatuous to suggest otherwise. Because the contracts were to be enforceable, it follows that they were to be enforced at the instance of the parties to the contracts." 445 F. Supp. at 811.
Based upon this premise, it follows that since the test for federal question jurisdiction has been met the remedy lies in federal court. The statutory scheme outlined in the Urban Mass Transportation Act and the policy underlying § 13(c) of the Act implies a federal private remedy. Support for this holding is found in Central Airlines. There the Court implicitly recognized the existence of a federal private remedy. Also supportive is our statement in McDaniel II: "The policy behind the remedy itself, a private suit, is not really in question." 548 F.2d at 694. Because of our holding, an analysis under Cort v. Ash, 422 U.S. 66, 95 S. Ct. 2080, 45 L. Ed. 2d 26 (1975), is unnecessary. That case is inapposite.
Finding jurisdiction, we consider the issue of whether the district court as a matter of equitable discretion should have declined to entertain the suit. We hold that the application of the abstention doctrine is not appropriate in this case.
We begin with the rule that "(t)he doctrine of abstention, under which a District Court may decline to exercise or postpone the exercise of its jurisdiction, is an extraordinary and narrow exception to the duty of a District Court to adjudicate a controversy properly before it. Abdication of the obligation to decide cases can be justified under this doctrine only in the exceptional circumstances where the order to the parties to repair to the State court would clearly serve an important countervailing interest." County of Allegheny v. Frank Mashuda Co., 360 U.S. 185, 188-89, 79 S. Ct. 1060, 1063, 3 L. Ed. 2d 1163 (1959), as cited in Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 813, 96 S. Ct. 1236, 47 L. Ed. 2d 483 (1976). LaCrosse contends that this case is an exception to the general rule. In particular, it asserts that federal court action would needlessly interfere with the state's administration of its own affairs and disrupt Wisconsin's efforts to establish a coherent policy concerning the relationship between the state and its public employees. Burford v. Sun Oil Co., 319 U.S. 315, 63 S. Ct. 1098, 87 L. Ed. 1424 (1943); Alabama Public Service Comm'n v. Southern Ry. Co., 341 U.S. 341, 71 S. Ct. 762, 95 L. Ed. 1002 (1951); and Kelly Services, Inc. v. Johnson, 542 F.2d 31 (7th Cir. 1976).
The present case does not fall within the category of Burford -type abstention upon which LaCrosse relies. The Union seeks to enforce a federal right to interest arbitration. There is no complex issue of local law involved in this case which compels the Union to take advantage of Wisconsin's procedural opportunities. Additionally, the fact that the interest arbitration required in this case may conflict with similar rights provided for under the Wisconsin Municipal Employment Relations Law does not, without more, require abstention. See Colorado River Water Conservation Dist. v. United States, supra at 816, 96 S. Ct. 1236. We conclude, therefore, that the district court did not abuse its discretion by refusing to abstain from consideration of this case.
The remaining issue, whether the district court abused its discretion by granting a preliminary injunction compelling LaCrosse to proceed to arbitration, may be disposed of summarily.
The standard for the appellate test of a preliminary injunction was set forth by this court in Scherr v. Volpe, 466 F.2d 1027, 1030 (7th Cir. 1972):
We start with the observation that our function in reviewing the entry of a preliminary injunction is a limited one. Appellate tribunals may set aside the issuance of such injunctions only where it can be said that the discretion vested in the district court with respect to these matters has been improvidently exercised. . . .
466 F.2d at 1030. Absent a clear abuse of discretion, the district court's process of balancing the probabilities of ultimate success at the final hearing with the consequences of immediate irreparable injury which could possibly result from the denial of preliminary relief will not be disrupted on appeal. Id. at 1030.
We have previously indicated the four prerequisites against which the discretion exercised by the district court must be measured: (1) the plaintiff has at least a reasonable likelihood of success on the merits; (2) the plaintiff has no adequate remedy at law and will be irreparably harmed if the injunction does not issue; (3) the threatened injury to the plaintiff outweighs the threatened harm the injunction may inflict on the defendant; and (4) the granting of the preliminary injunction will not disserve the public interest. Fox Valley Harvestore v. A. O. Smith Harvestore Prod., Inc., 545 F.2d 1096, 1097 (7th Cir. 1976).
The district court found on the basis of the facts before it that the Union had a reasonable likelihood of success on the merits. This criterion is "necessarily a somewhat flexible standard that allows the chancellor room for the exercise of judgment." Mullis v. Arco Petroleum Corp., 502 F.2d 290, 293 (7th Cir. 1974). The factual background of this case is virtually undisputed. As to the legal issues involved, we cannot say that the district court abused its discretion in finding that the Union enjoyed a "good chance" to succeed ultimately in this case.
Turning to the second requirement, the finding of irreparable injury to the Union if LaCrosse did not proceed to compulsory arbitration cannot be considered an abuse of discretion. At the time of the lawsuit, the employees were working without a collective bargaining agreement and negotiations were at an impasse. Similarly, we are convinced that the district court did not abuse its discretion in ruling on the other prerequisites to the issuance of a preliminary injunction.
Although we believe that an evidentiary hearing would be better practice when district courts are asked to grant interlocutory relief, we do not perceive any procedural defect here. When considering the preliminary injunction, the district court had before it the Union's verified complaint and motion for a preliminary injunction, both of which were accompanied by exhibits. LaCrosse's answer was before the court and both parties filed memoranda concerning the Union's motion. LaCrosse defended on the grounds that the Union waived its rights, but failed to present any evidence on the waiver issue other than the conversion agreement. It chose not to file affidavits contradicting the matters set forth in the affidavit proffered by the Union, despite the instructions of the district court. Accordingly, LaCrosse's contention on appeal that the district court abused its discretion in issuing injunctive relief will not be accepted.
The district court's order granting the preliminary injunction is affirmed.
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text:
May 27, 2010 (Chinavestor) Morgan Stanley (NYSE:MS) says Chinese stocks look ripe for buying as Beijing is not likely to take stronger measures to cool economic growth as the European sovereign debt crisis has pressured global equity markets.
Morgan Stanley's (NYSE:MS) Jerry Lou told Bloomberg news that the market has priced in a hard landing for property values. The whole market is a buy" as concerns are over- stated, he said in the Bloomberg interview.
Chinese stocks officially entered bear market territory earlier this year and the Shanghai Composite Index is the third-worst performing bourse in the world this year, trailing only Greece and Cyprus.
Chinese stocks have been hampered on concerns the European debt crisis will slow the global economic recovery. Europe is a prime destination for Chinese exports and a 20% drop in exports to Europe could shave a point off China's GDP, according to Credit Suisse report.

subset: commoncrawl


text:
Good Morning Silicon Valley, "Google
CEO on censoring: 'We did an evil scale'" from InfoWorld has Google CEO Eric
Schmidt explaining at the Davos World Economic Forum that Google spent over a
year debating what to do on China, including creating an "evil scale" to help
with the decision.
Apparently, not being in China at all would have been a 10 on the EvilRank
scale while bending to Chinese censorship demands was somewhat less evil than
that (ER2? ER7?).
OK, so no actual number range on the scale was outlined by Schmidt, who
"We concluded that although we weren't wild about the restrictions, it was
even worse to not try to serve those users at all," Schmidt said. "We actually
did an evil scale and decided not to serve at all was worse evil."
So there you have it. Official confirmation that the motto can now be changed
from "Don't Be Evil" to "Try Not To Be Evil" or perhaps "Choose The Least Evil."
I'm also getting tired of the entire spin that this was a choice between
Google serving users in China or not, some binary decision, some off-on choice
Google was faced with. It wasn't. Google has not once suggested that failure to
bend to Chinese censorship demands meant that Google would not have been
available in China at all.
Yes, China had blocked searches at Google. The Google Blog recently
this happened to those in China about 10 percent of the time. But that's a far
different situation than the suggestion Google was somehow completely
inaccessible, and so censorship was the only course that could be followed. In
fact, China still allows Google to continue offering an uncensored version at
sites other than Google China, such as Google.com. So it clearly wasn't a case
that Google couldn't be in China at all.
I've done some more deconstruction of the Google Blog's explanation for the
censorship moves at the SEW Forums starting
here. Feel free to comment yourself in that thread.
Related reading
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Welcome to our weekly round-up of all the latest news and research from the world of search marketing and beyond.
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Last week Metro Bank became the first financial institution to offer a gender neutral option for both its staff and customers.
How marketing will change when 5G and VR collide
5G networks are expected to start rolling out this coming year and will likely be standard in 2018.
Five most important search marketing news stories of the week
This week, both LinkedIn and Facebook are beefing up their paid social offerings in different ways, while Google seeks to cut off Adwords revenues for fake news sites. And might Google be favouring desktop over its own AMP in its upcoming mobile-first index?


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Watermelon and Feta Salad
Jamallah Bergman
Yeah I know.....it isn't summer time just yet, but keep this easy salad for when it finally comes.
Featured Pinch Tips Video
- 4 slice
- watermelon,chilled
- 4 1/2 oz
- feta cheee, cut into bite size pieces
- handful of mixed seeds such as lightly toasted pumpkin seeds or sunflower seeds
- 10-15
- black olives
Directions Step-By-Step
1Cut the rind off the watermelon and remove as many seeds as possible. Cut the flesh into triangular-shaped chunks.
2Mix the watermelon,feta cheese,mixed seeds and black olives. Cover and chill the salad for 30 minutes before serving.
About this Recipe
Course/Dish: Fruit Salads


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3826 S. Via del Reyecuelo, Green Valley, AZ 85622
- $199,900
- 1+ Years on site
- Est: $741/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: 2
- Baths: 2 Full
- Townhouse/Townhome
- 2,050 sq ft
YOUR POT OF GOLD! Spacious Miramar floor plan is versatile & popular for year 'round or seasonal residence. Neutral colors,windows + skylights make it light & inviting. Morning coffee on the side patio or breakfast nook includes views of the Santa Rita Mts in the background. Kitchen is well lit & cheery with plenty of windows plus ample counter & cupboard space. The living room boasts a kiva fireplace plus a lovely view of the backyard & desert thanks to expansive windows & patio doors which open to the back patio & sundeck. Three covered patios, assure you'll enjoy shade any time of the day. Master opens to back patio. Guest bedroom has it's own covered patio w/neighborhood & mountain views. EZ care vegetation means more time for fun & relaxing. Beautiful setting birdwatchers will love Click here to learn more about this listing.
- Townhouse/Townhome
- Beds: 2
- Baths: 2 Full
Listing Details
- Dining Room
- Yes
- Kitchen
- Breakfast Bar/Area/Nook
- Dining Area
- Yes
- Living Room
- Yes
- Den
- Yes
- Storage Room
- Yes
- Window Type
- Skylight(s)
- Appliances
- Dishwasher, Disposal, Range, Refrigerator
- Flooring
- Carpeted, Ceramic, Vinyl
- Lot Features
- Mountain View
- Parking
- Parking Space (2)
- Roof
- Built-up Roof
- Features
- Block Exterior, Lawn Sprinkler System, Patio, Wood Exterior
- Tax Amount
- $2,257
- Tax Year
- 2014
- Cooling
- Ceiling Fan, Central Air, Central Cooling
- Heating
- Forced Air, Gas
- Assessed Taxable Amount
- $17,352
- Tax Amount
- $2,257
- Property Type
- Condo
- Bathrooms
- 2
- Floors
- 1
- Home Size (Sqft)
- 2,050
- Year Built
- 1992
- Units
- 1
- Pool
- Yes
- Parking
- Garage
- Heating System
- Forced Air
- Cooling System
- Refrigerated
- Exterior Type
- Slump Block
- Roof Type
- BuiltUp (Layered Asphalt)
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
- Digital Technology Academy
- 1250 West Continental Rd
- Continental Elementary School
- 1991 E Whitehouse Canyon Rd # R
- Sopori Elementary School
- 5000 West Arivaca Rd
Nearby Middle Schools
- Digital Technology Academy
- 1250 West Continental Rd
- Continental Elementary School
- 1991 E Whitehouse Canyon Rd # R
- Jack Thoman Air And Space Academy And Perfoming Arts Studio
- 730 W Calle Arroyo Sur
Nearby High Schools
- Sahuarita High School
- 350 W Sahuarita Rd
- Pcjted - Sahuarita High School
- 350 W Sahuarita Rd # 9
- Alfarero Baptist Schools
- 16241 S Delgado Rd
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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Louis Vuitton Grey and Blue Canvas Monogram "Mini Lin Small Agenda" Cover
Have questions? Or looking for something specific?
Louis Vuitton gray and blue monogram canvas "Mini Lin Small Agenda" cover. Features a tan leather interior with small gold-tone metal rings and exterior snap closure. Comes with dust bag in box. Circa 2001. Date code: CA0031
LGS is not affiliated with LOUIS VUITTON. We guarantee this LOUIS VUITTON item to be authentic. LOUIS VUITTON® is a registered trademark of LOUIS VUITTON.
Join our mailing list to access a first look at our fabulous finds!
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text:
Pre-order now. Dispatches in 15-20 days*. Conditions Apply*
This product dispatches in 8-10 business days*. Conditions Apply*
Order today with Bajaao Express , and your product will dispatch in 24 hours
Special Import. Usually dispatches in 12-15 Days. Conditions Apply*
Special import. Dispatches in 5-8 days from International Warehouse. Conditions Apply*
This item is out of stock
Sabian B8 Pro 16" Crash Cymbal
Explosive, brash and bright attack, with deep, dark and trashy undertones.
Sabian B8 Pro 16" Crash Features:
Collections: Crash Cymbals, Cymbals, Mega Discount, Musical Instruments, Sabian, ₹5,000 to ₹10,000
Sign up for access to exclusive deals, special offers and more …
© 2016 BAJAAO.COM. BAJAO | BAJAAO Music Private Limited


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From Around the Web
You may also like...
Headline Hotlinks February 8th 2012
8 Feb, 2012
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Trending Headlines
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- Emma Stone on 'SNL': 3 Sketches You Have to See - RollingStone.com
- Guardians Of The Galaxy Vol. 2 Trailer: Five Best Moments - Comicbook.com
- Kanye's out of the hospital, but not living with Kim - Page Six
- The Last of Us Part 2: Ellie is the Main Playable Character & First Story Details - Attack of the Fanboy


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1 2 3
Kimber Lee
Email: kimber {at} kimberleeonline.com
Use the form below to send me a message or question.
If you want to work with me, let's do this! Here are the services I offer.
Just want to say hey girl hey, come over to Facebook or let's take a selfie over on Instaglam.
3386 Holland Road
Virginia Beach, VA, 23452
(757) 453-5773
Chic business strategist for solopreneur women in their first few years of business. Kimber Lee, the biz bestie, provides small business tips, online marketing tips, and strategies to help streamline online business for women.


text:
Amarante Burgundy Louis Vuitton Vernis Patent Leather "Sunset Boulevard" Bag
Have questions? Or looking for something specific?
Louis Vuitton burgundy vernis patent leather "Sunset Boulevard" pochette bag featuring a gold-tone metal "Louis Vuitton" engraved plate at center front flap. Interior features one zip pocket and six card slots. Comes with a removable chain detail shoulder strap. Lined. Date code: TH0098. Circa 2008.
LGS is not affiliated with LOUIS VUITTON. We guarantee this LOUIS VUITTON item to be authentic. LOUIS VUITTON® is a registered trademark of LOUIS VUITTON.
Join our mailing list to access a first look at our fabulous finds!
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Home :: Wedding Bands :: Gold Wedding Band Sets :: Two Tone Gold
Hand Braided
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text: David George, promoter and owner of New Hampshire's "Combat Zone" MMA promotion, is a man of many talents. Aside from being a former pro-fighter, George also enjoys climbing tree, carving art with chainsaws, and bow hunting. When he is not busy booking fights for his company, he aspires to be on the next season of the grandfather of modern-day reality shows, "Survivor," and with a video like this, he very well might just do it. Check it, out and see if you think he has the right stuff for it!


text:
Welcome to Cafe Bride – stress free wedding planning starts here! We hope you enjoy your time here – if it is your first time using online shopping or are not sure what you're doing, don't worry. We have created this walk through of the shop for you. Our shop uses 128 bit SSL secure server protection for your credit card details, to make shopping with us a safe and enjoyable experience.
If you need further assistance, or would like to phone or fax your order to us, please don't hesitate to contact us.
How to Find What You're Looking For
To make it easier to find what you're looking for, all products in the shop are divided into categories. To browse through the store, simply click on the type of product that interests you under the 'Categories' menu – up the top left of your screen. Some of these also contain sub categories, and this indicated by an arrow (->) next to the top level category. To view the products in each category, just select the product you wish to view and click on its name. The full listing will then be shown, complete with product information and a photograph (if available). If the category listing has sub categories, simply click on the sub category name or image to view the products inside it.
How do I Purchase Something?
When you see something you wish to purchase, simply click on the 'In Cart' button on the bottom of the product description. You will then be taken to a page that gives you the opportunity to update how many of the product you wish to purchase. If you wish to purchase more than one, simply update the figure in the box and click on the 'Update' button. If you wish to remove it from your shopping cart, click to tick the Remove box and then click 'Update'.
If you wish to then continue shopping, just chose 'Continue Shopping' to return to the main page, otherwise click on 'Checkout' to go straight to the payment and delivery pages. Please note if you are not logged in when you add something to your cart, you will have to log in to your account before you can proceed to the checkout pages.
If you have previously logged into your account, you will proceed straight to the checkout. However, if you have not logged in or registered previously with Cafe Bride, you will now be given these options. Once you log in or create an account, your visitors shopping cart will be merged to your members cart, and you will be able to complete the checkout procedure.
On the first checkout page, you will be asked to confirm the shipping address (the default address is the address in your account details). By clicking on 'Change Address' you will be able to send it to another address, or even a friend. You will then be asked to choose your method of shipping.
Directly below this is the comments box. It is here that you enter any comments you have about your order, such as the model or colour you require (if asked to enter this in the product description). After you have entered any comments, just click on the 'Continue' button to move to the next page.
The next page will give you the payment options. Cafe Bride accepts a number of payment options for your convenience. These include bank transfer (direct deposit), cheque/money order, and credit cards (Mastercard, Bankcard & Visa).
On the final page, your order details are summerised and you again have the opportunity to change any of them. If you wish to keep a copy of this order, please print this page. An invoice will also be emailed to you at your address in your account details. Please note that your order cannot be shipped until Cafe Bride receives payment through your chosen method. If you have any questions or queries, we can be contacted any via the contact page.
Are My Credit Card Details Safe?
Yes! Cafe Bride uses the financial industry's standard of 128 bit SSL encryption. This means that providing your credit card details to shop online with us is actually safer than paying a bill over the phone or through the post. To make sure you are using SSL, look for the little padlock down the bottom of your browser window and the https:// prompt at the front of the website address.
How Long Will It Take to Get My Order?
Cafe Bride suggests that orders are placed as early as possible to avoid stress and disappointment. We will endeavour to despatch all orders within 14 days of receipt of payment for standard items, and within 6 weeks for personalised items. Some items require longer lead times and these are indicated in the product description. If for any reason we have a shortage of stock and cannot despatch the order within the timeframe, we will contact you to let you know. You will then be given the option of waiting, or having some of the order shipped now and the rest later. During peak times it may not always be possible to despatch orders within 14 days, if your order is required by a certain date please enter this in the comments section so that we can endeavour to deliver your order in time. Please note that orders are processed in order of payment, which may not always be in the same order as placement.
Important Information Regarding Chocolate Shipments!
We love chocolate, and it is incredibly popular as bomboniere, but it is perishable. We have developed some procedures to ensure that the chocolate you receive arrives in the best condition as possible. Orders of more than 60 chocolates will be sent via courier or express post (packed with an ice pack during the warmer months) on Mondays and Tuesdays only! Orders of 59 chocolates or less will post regular mail unless Express is specified. While all care is taken, no responsibility can be accepted for damage to chocolate in transit. We regret that we are unable to accept returns or exchanges on foodstuffs, unless we have failed to fill the order correctly.


text:
We love this Vintage Lace with Stars which is Three and Two Thirds Yards Long in one piece. It is Machine Made. This amazing Vintage Lace with Stars is an astounding 11 Feet Two and Three Quarters Yards Long. It is Machine Made, it is vintage not new. 11ft of vintage machine made lace, 142" is enough yardage to edge a king size top sheet. If you are looking for lace yardage both machine and handmade, I have a number of pieces and groups listed. With more to come!
DIMENSIONS: 11ft long total x 2" wide
CONDITION: there are a couple of small stains. I have not laundered this lace, it may come clean. It is not significant in my eyes.. This is a most use able size of vintage lace.
Another shopper has this item in their Cart or Wish List .
We accept Pay Pal & Pay Pal Credit & any Major Credit Card with Square
We accept Lay - Aways Please Email me for Terms. Remember Christmas is coming!


text:
Articles tagged with: Big Thermos Media
News »
My, but last week was busy here at First Arkansas News.
We've had everything from the announcement of the formation of a new adversing group to some big news about Linux to some political wrangling. If you missed out on some of those stories, here's your chance to play a bit of catch up so you can be on top of the stories that we've covered this week.
As our regular visitors probably know, we run these "week in review" posts regularly. Ah, but there's a better way to make sure you …
News »
Last weekend, we at First Arkansas News mentioned a new venture — Big Thermos Media.
What's Big Thermos Media? Let's sum it up a bit — an advertising cooperative among a bunch of Internet and one print publication in Arkansas. Some of the sites — like this one — cover news from across the state while others focus mostly on central Arkansas.
Our goal here is simple — we all get a ton of traffic and would like to offer advertisers the chance to reach some of that traffic. We all know …
News »
It's been quite a week here at First Arkansas News and we're well aware that a lot of our readers were likely busy, too.
For those wanting to play a little catch up, we've got you covered — just click on the below stories to see what you might have missed over the past few days.
Yes, we are in the habit of posting these "week in review" articles and we hope that makes it easy for some people to keep up with us. However, there are better ways to follow the …
News »
For the past couple of months, First Arkansas News has been working on a plan with an advertising representative and we're just about ready to put that plan in motion.
Plan? Yes, a plan. The concept here is pretty simple — Big Thermos Media has been formed as a company that represents a few local Internet and print publications for the purpose of securing advertising. We'll mention who, exactly, those other publications are once the agreements are signed and everything is good and official. Furthermore, we at First Arkansas News will …


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AQA Mathematics for GCSE Teacher's Book
Written by June Haighton, Anne Haworth, Steve Lomax, Andrew Manning
Illustrated by
Lovereading4kids Price £55.99
£69.99 saving £14.00 (20%)
when in stock
As soon as this book is back in stock we will send you an email.Compare book price We'd love you to buy your books from Lovereading - especially if we helped you to choose them! But as our mantra is guidance, and that includes guidance on price, please do use our 'Compare Book Price' service to discover if the best value deal is from Lovereading or another specialist bookstore.
AQA Mathematics for GCSE Teacher's Book by June Haighton, Anne Haworth, Steve Lomax, Andrew ManningThe only AQA GCSE maths series to be exclusively endorsed and approved by AQA, AQA Mathematics for GCSE blends print and electronic resources to provide you with complete reassurance that you have everything you need to deliver the revised 2006 GCSE Mathematics specification.
About the Author
Other Formats
Book Info
224 pages
June Haighton, Anne Haworth, Steve Lomax, Andrew Manning
More books by June Haighton, Anne Haworth, Steve Lomax, Andrew Manning
Publication date
12th September 2006
It gives me a chance to read types of books that I would not normally try, and it motivates me to read every night to finish it!Alice Horncastle, age 14
It's so easy to find the right book for your child. Such an easy-to-use, yet in-depth website. 100% reliable.Pippa, Jack, Liam & Matthew Wils
This company is amazing; not only is it is a great opportunity to get books and review them but everyone is so friendly and supportive!Jemma Rubens, age 10
LoveReading4Kids is a modern and creative way of emphasising the value and importance of books in this digital age #booksforlifeAmrit Bunet – Teen
I love Lovereading because I often never know what to read and this helps you find a good book. I have recommended this to many people.Shannon-Louise Masters – age 15
I love Lovereading4kids because I get an opportunity to put my opinion forward and to try new booksElosie Clarkson – age 11
We love Lovereading4kids because it promotes reading choices, new authors and a sense of community for children of all ages!Rachel Bridgeman
I love Lovereading as it provides an honest opinion and showcases a range of fiction. Suited to both parents & kids alike, it's a must-use.Georgie Rowe – age 16


text: The crowd pops as Nick walks into the scene, tables filled with IWT merchandise all over the room. "Cut my music! DX has been known as many things over the years. Best wrestlers, best looking, but did you also know we are the best salesmen in the IWT? IWT's marketing team can't even compete with us! DX can also stand for... umm Da best salesmen-X! Fuck it I'm hammered right now and we've got a WHOLE LOT of shit to get sold right now so let's go!" Nick walks over to the table and picks up a DX shirt. It's green and black and says "You make the rules and we break em" on the front and says "SUCK IT" on the back. "Now look at this, beautiful piece of work. You put this on you - you're getting that girl you've always wanted because this shirt will help you become a chick magnet! It's fucking green! C'mon man! Oh, and look at this!" Nick reaches over and grabs a beanie. "It's starting to get real cold out there, so pick up some chicks in the DX beanie!" Nick then grabs an Aids Johnson shirt that reads "The Champ is Here" "Now, look at this piece of trash! We've got the Aids Johnson shirt! C'mon, you expect me to sell this? Don't worry, it's salvageable." Nick pulls out a can of green spray paint and sprays "SUCK IT" over the letters. "Now look at this here! Now you can wear this wherever you want and not look like a tool. Oh, speaking of tools, look at this terrible FTJ shirt!" Nick grabs the FTJ shirt and lights it on fire. "If you even thought about buying that piece of trash, stop what you're doing and go get help. My friend, you need one of these-" As Nick goes to pick something up else up, a producer walks in and tells him that he has to stop. Producer: You have to make the people actually want to buy the product. Nick nods. "Look at this here! It's a lunchbox! It's got a little Adam Aries on it! How about this, it looks fine and all, but it could be better if I just-" Nick sprays DX all over it and holds it up. "Oh, and promo code, "SUCKIT" see it on the bottom of your screen? Enter it and EVERYTHING is free! No twists no nothing!" The producer walks back and Nick socks him right in the face. "Look at all this! Dazzling Chavs skateboard? Lemme spray some SUCKIT on there and bam! Buy it buy buy it!" New Producer: Hey, the next truckload of Jonathan merchandise is here... "Well fuck. @Trip in the Head take it from here my friend!"


text:
Couple's Controversial Tipping Policy Is Just Plain Cruel
Gratuity has become a game that seems more than just a little mean.
Gratuity has become a game that seems more than just a little mean.
At least one Cowboysw fan is feeling very confident about how this season will end.
Maybe the song should be "All I Want for Christmas Is You-ber."
After languishing for over 30 years, the Blackfeet Tribal Water Compact finally passed through the U.S. House of Representatives, and will now head back to the Senate.
The talent this year is at an all time high.
I don't even know what to do with these but they look cool! My hunting collection is starting to grow. Thanks to one of my co-workers dad's who makes hunting knives and has a big collection himself, sent us some and I was gifted one set.
If you're ever in San Francisco International Airport and you're stressing about an upcoming flight, it may help to pet a pig.
Forecasting the weather is a challenging job, and even more so when trying to predict just how much snow will fall in a certain place at a certain time.
John Glenn, who in 1962 became the first American to orbit Earth, died at a hospital in Columbus, Ohio. He was 95 years old.
Due to a projected shortfall in the state gas tax fund, Governor Steve Bullock has responded by proposing a cut in funding and personnel in the Montana Highway Patrol.
The winning band will be invited into our studios for an interview, yes FREE promotion on the radio!
University of Montana President Royce Engstrom's last day is December 31, but the process of finding the next president is already underway.


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CNN Crew, Archliberal Suzanne Malveaux Caught on Tape Joking About Trump's Plane Crashing
They Lie About Everything: Inherit the Wind, Evolution and the Scopes Monkey Trial [Warden]
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December 09, 2010
Overnight Open Thread
Happy Thursday all.
So How Safe Is Your Neighborhood?
Well you can find out by going to crimereports.com and putting in your address. It's a little bit disturbing to see how many crime reports get filed in even good, quiet neighborhoods. Luckily most tend to be minor property theft and damage. And so far no one seems to be tracking butchered hobos. So that's good.
And there seem to be a lot more sex offenders than you'd expect - in fact there's one living less than a quarter mile from the White House. I wish they'd include their crimes as well so you could get an idea of how dangerous they are - a lot of cities also put johns caught soliciting a prostitute on the sex offender list. It's a crime but I'd consider it a far cry from predatory sex crimes like rape or child molestation.
Some jurisdictions seem to have better coverage than other but it's worth checking out so at least you won't be unaware of all the Deathwish III action going down on the block over.
Oh and if you just want to see all the foreclosed homes in your neighborhood, go here.
4 Stories About Jimmy Carters Malaise Speech
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Dirty Hippy Clowns Protest Against U.S. Base in Japan
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My Karma Sutra Buddy
Yahoo group. That is all.
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Recent Entries
Saturday Morning Weird News Dump
Friday Night Overnight Open Thread (12/2/16) CDR-M-less Edition
"Drain The Swamp" Sounds Great, But There Will Be Pushback...From Everyone...Maybe Even Trump
This Is Why We Have Trump
CNN Crew, Archliberal Suzanne Malveaux Caught on Tape Joking About Trump's Plane Crashing
They Lie About Everything: Inherit the Wind, Evolution and the Scopes Monkey Trial [Warden]
Dictatorships And Double Standards
The Conceit of The Intelligentsia That Politicans Are Intelligent
Religons Of The World And What Is Acceptable
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World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
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- Product Description
Who is it for?
- 2nd Graders, (7 to 8-year-olds)
- 3rd Graders (8 to 9-year-olds)
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I have taught 1st through 5th grade and have taken some time off to be home with my twins. I am certified to teach K-8 as well as Gifted and Talented. I am also pursuing my English as a Second Language endorsement.
I LOVE to create challenging but fun resources that can be easily implemented in your classroom. I focus on creative thinking and integrated research units. I hope that you enjoy my products!
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This none home is located at 808 Castle St in mcminnville. 1745004 was built in 1978 and has 3 bedrooms808 Castle St, mcminnville - MLS 1745004 Close
Other style residential property for sale in mcminnville, TN at 808 Castle St. This 3 bedroom residential property is priced at $49/sqft.
3 BR, 1 BA on permanent foundation. Chain link fence, 2 outbuildings, and almost 2 Acres just off the new four lane headed toward centertown from newtown.
Listing information last updated on December 10th, 2016 at 9:54pm CST.
Have any comments or questions about 808 Castle St, mcminnville, TN? Ask your question and/or share your thoughts about this property.


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More to Religion Than You Think.
More to America, Too.
Home Page
About Art
Books and Articles
Art Farnsley
Religion and American Culture
What's New?
Art in the Washington Post on Religious Identity and Political Mobilization
Art in the Washington Post on American Seculariza
Art and Edward Curtis receive NEH grant to build religion literacy in community colleges.
Art in the Washington Post on Buddha and the U-curve
Art in the Washington Post on Millennials and Religion
Read The Bible in American Life Report here.
Art's One Sentence in the New York Times Magazine
Hear Art on Australian National Public Rad
The most famous sociologist of religion in the world makes fun of Art's name.
*Buy FLEA MARKET JESUS!*
Order Here in Paperback
Order Here on Kindle
Flea Markets On The Cover of Christian Century Magazine.
Center for the Study of Religion and American Culture
Society for the
Scientific Study of Religion
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text: Well I'm getting pretty damn sick of ANYTHING I try not working. I cannot SSH into my phone via USB No matter what. Sure, I can get in through iFunBox but I can't set permissions by any means. MobileTerminal doesn't work on 4.0 so that's out(It's what I normally use). And iPhoneTunnel doesn't freaking work with iTunes 9(Which is needed for 4.0) Does ANYBODY have any alternatives? Because even If I do get WiFi it wont matter because my crappy ass computer doesn't have a WiFi chipset. Or even a way to set permissions over USB/Straight from the device, because that would help IMMENSELY. Please excuse the poor atitude of this post but I have been trying to get this working most of today and I'm getting very angry with myself... I also tried iPhone Tunnel for OS X, still it didn't work.


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DOB: 5/30/16 - Tiny Tim is an energetic, fun loving sweet boy! He loves to play with the other kittens but also loves to snuggle with the humans! He was so tiny when he first arrived but has turned into such a handsome boy! He is used to small dogs and other cats. He would love a home with another playmate so he doesn't get lonely! Tim would make a great addition to your family!
Fully vetted including spayed or neutered, double FVRCP vaccinations, tested for FeLV/FIV (HIV & Leukemia), and as a preventive measure, treated for fleas and de-wormed.
Please complete Adoption Application at www.CatsAtTheStudios.com/adoption-application and email firstname.lastname@example.com or by phone at (818) 368-6474. Ongoing Adoption Events: www.Petfinder.com/Shelters/CA402.html
3835 E. Thousand Oaks Blvd.
Westlake Village, CA
742 New Los Angeles Ave.
Moorpark, CA
Our adoption process begins with an application which tells us about you and your family and any other pets you have at home. Let us know the type of kitty you have in mind (age, personality, breed, color).
A volunteer will review your application and may ask additional questions. Upon approval, there is a contract and an adoption fee which goes toward spay or neuter and medical expenses of the next cat or kitten in need.
Thank You!
Your message has been sent to Cats at the Studios, Inc. (CATS, INC.) - Woodland Hills.
You'll receive a copy, too, at to help you keep track of which pets you've inquired about, and which shelters and rescues you've emailed.
NOTE: Some shelters have physical locations you can visit; some of these shelters may only have pets for a limited time, so please do not wait for a reply—just go visit the shelter! Other organizations are rescue groups run by busy volunteers who may take a while to reply. You can find information about the shelter or rescue group caring for this pet, and their adoption procedures, on the pet's details page on Adopt-a-Pet.com.


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by Bruno Hamzagic
published on 2012-04-04
Keywords: character, caricature, football, soccer, player,
Advanced V-Ray Fur Tutorial for Maya
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Scene-Compositing using Layers
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Keywords: scene, cloth, path, grass, compositing, layers,


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Retailers' holiday ad spending falls
Retailers shift their ad spending from TV, radio and print ads to digital ads.
Retailers' holiday ad spending falls
Retailers shift their ad spending from TV, radio and print ads to digital ads.
Retailers rack up big holiday gains on online marketplaces
Sellers say they are faring particularly well on the marketplaces of Amazon and Wal-Mart so far this holiday season.
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In the race between Google and Yahoo, it`s strategy that wins for marketers
Take Coke vs. Pepsi, translate the concept into the world of paid search marketing, and you`ve got Google and Yahoo. Like the two cola giants, the two engines are the dominant brands and they`ve saturated their marketplace. And like Coke and Pepsi, at first pass they may seem little different--at least in terms of their audience and their ability to do what pay-per-click search engines do: connect advertisers with customers.
But subtle differences exist and the question for retailers is: How much impact does choosing one over the other have on a search engine marketing campaign? More specifically, are those differences ever sufficient to justify betting the whole farm on one engine over another for pay-per-click campaigns?
In what`s essentially a two-horse race (because paid search results on MSN.com, the third major search portal, are provided by Yahoo), the short answer from search marketing consultants is: No. Marketers want to be on every engine they can. But a more complete answer to search engine strategy is more complex and nuanced than that, and it stands to become even more so as the search engine marketplace expands.
It`s both
"Now, any major advertiser is crazy not to be on both Google and Yahoo, because there`s just no disadvantage," says Nico Brooks, director of search technology at digital marketing technologies provider Atlas, a unit of aQuantive. "On a campaign of 1,000 viewers and 10 keywords, you`re better off halving the size of the campaign and taking the five best-performing campaigns to both engines than picking one engine over another."
In fact, most big pay-per-click marketers play on both engines, and often with the same keywords. Though there`s significant overlap in the users reached by the two engines, there are also subtle differences in audience demo- graphics, psychographics, ad position determination and other factors that account for the fact that the same keywords don`t perform identically on different engines.
One of the most significant differences is in how Google and Yahoo rank paid ad listings on the page. Yahoo`s model allows a straight bid for position. The way to be in the top position under Yahoo`s sponsored listings for a given keyword is to pay the highest cost per click on that word. Some PPC marketers prefer this model because they like to know exactly which position they are getting for what they are spending and because it gives them the power to obtain a particular rank on the list, if they are willing to pay for it.
Google uses a relevancy algorithm that blends what the marketer pays per click with the number of clicks a listing gets from users to determine the ranking of paid results listing for a given keyword. The result is that, unlike on Yahoo, on Google marketers can`t control whether they`re in the top positions simply by boosting their payment per click.
"We treat click-through rate as a vote by the end user," says John McAteer, head of Google Retail. "By clicking, users are telling the advertiser what is most important to them." McAteer says it`s Google`s belief that ad ranking delivers more meaningful results to searchers. "The proof would have to come from advertisers working with both Google and Yahoo to see what works best for them," he says.
Check out the difference
Director of the retail search category at Yahoo Search Marketing Diane Rinaldo points out that Google`s model favors marketers that have a strong click-through rate. "With our model, they bid for position, but then, those marketers with strong click-through rates don`t have the same advantage they have on Google," she says. As a result, she adds, some marketers view Yahoo`s model as an advantage, some as a disadvantage. "It`s the same with AdRank," she says. "Some love it, some hate it."
Beyond the difference in how they position ads, experts say some audience differences among the engines are worth calling out. For one, Google gets the most searchers. In June, for example, Google`s total audience in unique visitors for paid and unpaid search across Google.com and the sites to which it distributes search results was 79.96 million, compared with 64.03 million at Yahoo sites and 47.77 million at MSN sites, according to comScore Networks Inc. AOL had 34.06 million searchers, while Ask Jeeves had 39.82 million.
Google`s greater traffic volume is a key part of how it positions itself against other engines. "Google pushes its relevancy and sheer traffic numbers. They do still have the majority market share and they want to tell you about how many people you are going to reach and how much you are going to be out there," says Tim Kauffold, director of client services at search engine marketing company OneUpWeb LLC.
The engine audiences differ slightly in gender composition. Among the top five engines, the search audiences at MSN, AOL and Ask Jeeves skew slightly toward female users. In June, 51% of MSN search users were women, as were 51.9% of searchers at AOL and 53.7% at Ask Jeeves. At Google, however, the audience skews towards males: 51.5% in June, according to comScore. Yahoo`s search audience was split almost exactly between men and women.
"The differences aren`t huge, but with 48.5% of Google users being female versus 52% at AOL, that equates to a pretty big delta when you`re talking about the entire Internet population," says James Lamberti, vice president at comScore. That may have implications for marketers targeting a male or a female audience.
Buying power
Lamberti notes other differences among engines found in comScore`s data. ComScore`s buying power index--the average of any given demographic group`s propensity to buy online--shows that in June, users of MSN search were 48% more likely than the average Internet user to buy online, versus Google search users, 42% more likely to buy; and Yahoo search users, 31% more likely. Ask Jeeves search users were 17% more likely to buy than the average Internet users, and AOL Search users, 3% more likely. "That`s important to showing the value of the consumer and the fact that they have money in their pockets," Lamberti says.
Many shoppers worry about size and color, or being unsure of the recipient's address. Here ...
Posted 12/02/16
Despite only moderate wireless speeds, rural consumers flock to m-commerce.
Posted 12/01/16
Online retail is hard, grocery retail is really hard, so online grocery is, of course, really, really hard."


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Jeff Bezos
10 Leaders Behind Groundbreaking Online Retail Businesses in the World
The competition between the eCommerce companies, particularly among those into retail, is cut throat in all regions. Some scale up, some fail, and only a few really make it big. While... Read More
Future Group Partners with Amazon to Sell Online; To Start by Selling Apparel
Online marketplace Amazon and Indian Brick and Mortar retailer-Future Group has signed an agreement to sell goods online. As part of the deal, both firms are expected to develop a ... Read More
Amazon to Soon Open its First Offline Store
Online marketplace Amazon is planning to launch a Physical store in New York City, its first brick-and-mortar retail chain is expected to be open in holiday-shopping season.... Read More
Discussion between Amazon's CEO Jeff Bezos and Kiran Karnik on SMEs in India
Jeff Bezos, Founder and CEO, Amazon.com, said in an interactive session with Kiran Karnik at Federation of Indian Chambers of Commerce and Industry (FICCI), that Indian SMEs should... Read More
Ecommerce Battle Gets Stiff – Amazon to Invest USD 2 Billion in India
After Flipkart raised USD 1 billion for its Indian market, now Amazon also announced that it will invest USD 2 billion to support its growth in India. It had opened its Indian website... Read More
Amazon Finally Reveals 3D 'Fire' Smartphone
Amazon entered the smartphone business on Wednesday with its 'Fire' smartphone, that is coming with an ability of scanning millions of objects instantly. It will come... Read More
Amazon CEO's biography by Brad Stone floats into controversies, given one star rating by MacKenzie Bezos
Recently, a new biography of Amazon and its CEO Jeff Bezos, 'The Everything Store', has been published by Brad Stone, who is currently working as a senior writer for Bloomberg ... Read More
Amazon CEO leads $5 M USD round investment in Business Insider
Business Insider, an international digital media publication announced in an internal memo yesterday that they will be raising a $5 M USD investment round lead by Amazon... Read More


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|Some teen chicks appear to know a thing or two about lesbian pleasures and, being very naughty and spoilt girls, they never hesitate to use unsuspecting moms for their kinky sex games. There's nothing unusual in seeing older dykes breaking in some younger sorority members, but it isn't your usual kind of porn when you see this action vice versa. If old-on-young lesbo content is hard to find, then girls-on-moms must be really something unique. That's exactly what we're offering here.. Read more..
|Lesbo fun in the bubble bath
Lesbo fun in the bubble bath
The mature lady was taking a hot bubble bath enjoying a good soak, when her younger roommate Gloria appeared at the door ready to keep her company. Despite Camilla's protests, the girl got naked and plunged into the tub. She began lustily touching and groping the older gal before making her wash and worship her firm teen body from the tip of the toe to the nape of the neck. At last Gloria's pussy got dripping wet demanding some attention too.
|French lessons for a spoilt teen
French lessons for a spoilt teen
What a naughty trick to hide your panties in the tutor's textbook! However, this pigtailed mischief can go much further! Busy makes her chubby teacher strip naked and starts licking Leah's full soft boobs and ripe pussy. Ignoring the older gal's attempts to get back to the books, the young prankster keeps searching for pleasure. You'll see her fisting her mature tutoress and then practically thrusting her pink into the milf's face.
|Old teacher treated like a whore
Old teacher treated like a whore
Catching her teacher masturbating in the locker room, Gordana makes Mrs. Marion go down and dirty under the threat of complaining about her naughty behavior to their Head Master. No matter how hard the milf tries to push away this kinky teen girl, Gordana is determined to have her way. She starts brutally groping Marion's full boobs, lapping at her old cunt and stuffing it with whatever is handy treating this shocked oldie like a cheap whore.
|Shy mature maid used like a toy girl
Shy mature maid used like a toy girl
Dressed up like a teenager and wearing her hair in pigtails, Roz soon learns that this pretty dress belongs to her young mistress Myra. The spoilt rich babe is used to get whatever she wants on the spot, so she starts peeling clothes off her embarrassed older maid shamelessly touching, feeling and kissing her still good-looking mature body. Then the pervy girl takes out her rubber cock and makes the milf suck, tit fuck and finally cum on it.
|Behind the scene lesbian show
Behind the scene lesbian show
This mature could stay out of trouble if she didn't touch the things that didn't belong to her. However, those clothes looked so sexy and the temptation was too strong. Now dressed as a whore Jessica is caught by show-girl Christine and ready for anything to avoid big disgrace. The wicked lass feels like having fun, so she takes out her sizeable strapon and gets to kinky role play fucking this oldie like a boy. See how far the old gal will go!
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Spoke with Mitch for a quote on our new build , after speaking with him he was on time and help us decide which way we could make our budget work with best design of finishes. Highly recommend speaking with mitch for any plastering jobs. Mark Bryan
[b]qualitativ hochwertigen Uhren Replika[/b] [b][url=http://www.omegaconstellation.xyz/de/]qualitativ hochwertigen Uhren Replika[/url][/b]

Uhren

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Emu Heights, NSW
Gyprock / plasterboard / dry wall
Walls, Ceiling, Cornice / skirting
Bedroom, Kitchen
Not sure
We require some maintenance of plastering some damaged ceilings and a little 90 mm Cove cornice?
A couple of rooms need to be repaired, they had water damage (which is now repaired) but now there ...


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Prices, promotions, styles, and availability may vary. Our local stores do not honor online pricing. Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Lowe's reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted.
Crown Qt Pro Clean-Up Low Voc
Item # 425000 Model # CL.LVPRCU.M.64
Product Information
- Preps and cleans wood and metal surfaces
- Effective on brushes, rollers and trays
- Cleans up oil-based paint spills
- Faster drying than mineral spirits
|Ready to Use


text: 2016 in going to be Brandon Skeie's year; his YouTube channel has over ten million views, and he is finally receiving the recognition that he deserves. His first single of 2016, "So Bad," has been remixed by teenage EDM producers, EDWYNN x TIKAL x Spirix, to create a huge new track. Remixed, the song has gone from pure pop to electronic bliss.It's been charting at number one on Hype Machine, even beating out Calvin Harris and Rihanna's newest collaboration, "This is What You Came For." With an addictive drop and impressive vocals, this song needs to be on replay.


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I have been a staff photographer for Calkins Media at
The Bucks County Courier Times, The Intelligencer and The Burlington County Times in the greater Philadelphia area for the past two years.
Prior to that, I graduated from The Pennsylvania State University in 2012 with a degree in visual communications (photojournalism), a minor in psychology, and priceless experience as a staff photographer and editor for The Daily Collegian, Penn State's independently-run student newspaper, for all four years of college.
I believe that capturing the unseen or unnoticed and intimate moments of everyday life can make a difference.
I love yoga, coffee, dogs, and relaxing in the company of my friends and family.


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Phone: (289) 320-8250
1238 Dominion Road
Fort Erie, Ontario, L2A 1H7
To view our complete product offer in your area, we suggest you select this RONA.
At anytime you can select another RONA store or a RONA L'Entrepôt/ Home & Garden. The product selection listed will match the selected store.
Bathroom Faucet -1 Handle - 4" - ChromeUpgrade your bathroom fixtures with this Pfister Vorena bathroom faucet. Clean lines and a sophisticated look combine with a polished chrome finish to bring modern style to your bathroom décor. Control water temperature quickly and easily with the stylish single-lever handle, and the drain is easy to operate thanks to a push-and-seal design. The faucet is simple to install with a 4" centerset configuration and can be used with a 1-hole sink or a 3-hole sink when mounted with the included deck plate. It also features Pforever Seal ceramic disc valves, and the bathroom faucet meets EPA WaterSense criteria for water efficiency without sacrificing performance.


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Actual rating will vary with options, driving conditions, habits and vehicle condition.
We are excited to offer this 2017 MINI Hardtop 4 Door.
This MINI includes:
Start enjoying more time in your new ride and less time at the gas station with this 2017 MINI Hardtop 4 Door. The look is unmistakably MINI, the smooth contours and cutting-edge technology of this MINI Hardtop 4 Door S will definitely turn heads.
You can finally stop searching... You've found the one you've been looking for.
We look forward to seeing you soon! Please call us for more information.
Estimated Monthly Payment will depend on vehicle make and model and will be determined upon actual vehicle inspection. All payments are estimates. Tax, title and any other fees are extra.


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Vibrant red with black spots and a huge smile makes up this charming ladybug design. Inspired by spring, this image is perfect for a scrapbook, background or web art.
The Printable Holiday is a DIY stationery site where you can personalize, download and print professionally designed invitation templates for holidays, events and parties


text: We went here twice. Servers are excellent and friendly. They have cool chalkboard tables for kids. I had a burger that was cooked to order and good. Husband had the duck wings and he said were really good. I also had a steak that was ok. I would recommend this place by far more than any other resturant we went... 更多