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March 7, 2007
ROBERT K. DEE, JR., PLAINTIFF,v.BOROUGH OF DUNMORE, BOROUGH OF DUNMORE COUNCIL, JOSEPH LOFTUS, THOMAS HENNIGAN, JOSEPH TALUTTO, FRANK PADULA, LEONARD VERRASTRO, AND MICHAEL CUMMINGS, INDIVIDUALLY AND AS COUNCILMEN, DEFENDANTS.
Presently before the Court is Defendants' motion for summary judgment pursuant to Federal Rule of Civil Procedure 56(c). (Doc. 30.) Since a federal question is before the Court pursuant to 42 U.S.C. § 1983, the Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331.
For the reasons set forth below, Defendants' motion for summary judgment will be granted as to Plaintiff's federal claim. Because the Court will grant summary judgment to Defendants on the federal claim, the Court will decline to exercise supplemental jurisdiction over the remaining state law tort claims, and those claims will be dismissed without prejudice.
Plaintiff Robert K. Dee was employed, at all times relative to this case, as a full - time firefighter with the Borough of Dunmore Fire Department. The Borough of Dunmore and Local Union No. 860 of the International Association of Fire Fighters, AFL-CIO (of which Plaintiff is a member), are subject to a Collective Bargaining Agreement ("CBA"). Dee has been a full-time firefighter with the Borough since January 1, 1988. (No. 05-1343, Doc. 33-2.)*fn1
Via letter of May 20, 2005, the Borough of Dunmore Council ("Borough Council") requested from the Borough Fire Chief, Vince Arnone, a memo outlining the necessary qualifications and certifications for full-time work in the Fire Department. This letter also requested that Chief Arnone provide documentation that each full-time (and active reserve) firefighter had met these qualifications and certifications. (No. 05-1343, Doc. 33-3.) In response, Chief Arnone provided to the Borough Council (at the attention of the Borough Manager, Joseph Loftus), via letter of May 23, 2005, a list of five certifications required of all full-time firefighters. These certifications included "Essentials of Firefighting (Pa. State Fire Academy or equivalent)" and "Emergency Medical Technician (after May 1st, 1988 hire)". (No. 05-1343, Doc. 33-4.) Along with this list of requisite certifications, Chief Arnone provided the Borough Council with copies of all of the full-time firefighters' personnel files. (Id.) On June 28, 2005, the Borough Council, by Mr. Loftus, sent a letter to Chief Arnone stating that after reviewing the training and qualification statements that Chief Arnone had provided, it was revealed that the Plaintiff had "not completed two weeks" of training at the Fire Academy, and "has not obtained the required EMT Certification", and stated that Mr. Dee would be "suspended from the schedule, with pay" pending a Borough Council hearing scheduled for July 6, 2005, eight days later. (No. 05-1343, Doc. 25.)
On June 30, 2005, the Scranton Times-Tribune ran a story with the headline "Firefighters suspended for not completing required training." (No. 05-1342, Doc. 32-14.) The author of the article had secured a copy of the letter from Mr. Loftus to Chief Arnone, but how the writer obtained the letter is in dispute. On July 5, 2005, Plaintiff filed the present action. (No. 05-1342, Doc. 1.) The following day, the Borough Council met and determined that Plaintiff did satisfy the certification requirements under the CBA because he was 'grand-fathered in' and was not required to have the EMT training due to his hire date, and therefore reinstated him to the work schedule. Plaintiff's suspension lasted from June 28 to July 6, 2005, and did not result in any loss of pay or seniority. On July 7, 2005, the Scranton-Times ran another article under the heading "Dunmore firefighters reinstated". (No. 05-1342, Doc. 32-15.)
On July 7, 2005, Plaintiff filed an amended complaint (hereinafter "Complaint"). (No. 05-1342, Doc. 3.) Defendants filed an answer on August 26, 2005 (No. 05-1342, Doc. 9.) On September 20, 2006, Defendants filed the present motion for summary judgment. (No. 05-1342, Doc. 30.)
This motion is fully briefed and ripe for disposition.
Summary judgment is appropriate if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." FED. R. CIV. P. 56(c). A fact is material if proof of its existence or nonexistence might affect the outcome of the suit under the applicable substantive law. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986).
Where there is no material fact in dispute, the moving party need only establish that it is entitled to judgment as a matter of law. Where, however, there is a disputed issue of material fact, summary judgment is appropriate only if the factual dispute is not a genuine one. See id. at 248. An issue of material fact is genuine if "a reasonable jury could return a verdict for the nonmoving party." Id.
Where there is a material fact in dispute, the moving party has the initial burden of proving that: (1) there is no genuine issue of material fact; and (2) the moving party is entitled to judgment as a matter of law. See CHARLES ALAN WRIGHT & ARTHURR. MILLER, FEDERALPRACTICE AND PROCEDURE: CIVIL 2D § 2727 (2d ed. 1983). The moving party may present its own evidence or, where the nonmoving party has the burden of proof, simply point out to the Court that "the nonmoving party has failed to make a sufficient showing of an essential element of her case . . . ." Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986).
All doubts as to the existence of a genuine issue of material fact must be resolved against the moving party, and the entire record must be examined in the light most favorable to the nonmoving party. See White v. Westinghouse Elec. Co., 862 F.2d 56, 59 (3d Cir. 1988). Once the moving party has satisfied its initial burden, the burden shifts to the nonmoving party to either present affirmative evidence supporting its version of the material facts or to refute the moving party's contention that the facts entitle it to judgment as a matter of law. See Liberty Lobby, 477 U.S. at 256-57.
The Court need not accept mere conclusory allegations, whether they are made in the complaint or a sworn statement. Lujan v. Nat'l Wildlife Fed'n, 497 U.S. 871, 888 (1990). In deciding a motion for summary judgment, "the judge's function is not himself to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial." Liberty Lobby, 477 U.S. at 249.
Plaintiff's Complaint (No. 05-1342, Doc. 3) brings suit under 42 U.S.C. § 1983 for alleged violations of his civil rights pursuant to the First, Fifth*fn2 and Fourteenth Amendments to the United States Constitution. Plaintiff's Count I alleges a violation of his constitutional rights due to his suspension from employment without being first provided with notice and an opportunity to be heard, thereby depriving him of a property interest without due process in violation of the Fourteenth Amendment. This Count also alleges a First Amendment violation of Plaintiff's right to be free from injury to his reputation. The remainder of Plaintiff's counts are tort claims under state law. Count II alleges that Defendants invaded his privacy by intentionally making statements which placed Plaintiff before the public in a false light. Count III alleges defamation against Defendants for publishing in a Council meeting publication, causing a story to later be published in a local newspaper, that Plaintiff had failed to complete required training and was therefore suspended from employment. Count IV alleges that Defendants' acts invaded his privacy by giving publicity to the private life of Plaintiff.
A. Plaintiff's Federal Claim under 42 U.S.C. § 1983
Plaintiff's Count I alleges that Defendants deprived him of a property interest without due process in violation of the Fifth Amendment, which is made applicable to the States by the Fourteenth Amendment. This Count also alleges a First Amendment claim for violation of Plaintiff's right to be free from injury to his reputation.
In order to state a claim for a violation of procedural due process, a plaintiff must show: (1) a constitutionally protected interest in life, liberty, or property; (2) governmental deprivation of that interest; and (3) the constitutional inadequacy of procedures accompanying the deprivation. Board of Regents v. Roth, 408 U.S. 564, 570-71 (1972). If Plaintiff fails to establish any one of these elements, his claim may not survive. Defendants have moved for summary judgment, claiming that Plaintiff cannot show that he was deprived of a constitutionally protected interest in his property or liberty as a result of Defendants' acts.
Reputation alone is not an interest protected by the due process clause. Versarge v. Twp. of Clinton, N.J., 984 F.2d 1359, 1371 (3d Cir. 1993) (citing Paul v. Davis, 424 U.S. 693, 701-12 (1976)).*fn3 In Kutztown, the Third Circuit Court of Appeals opined that in order "to make out a due process claim for deprivation of a liberty interest in reputation, a plaintiff must show a stigma to his reputation plus deprivation of some additional right or interest." 455 F.3d 225, 236 (2006) (emphasis in original) (citations omitted). This is referred to as the "stigma-plus" test.
In the public employment context, the "stigma-plus" test has been applied to mean that when an employer "creates and disseminates a false and defamatory impression about the employee in connection with his termination," it deprives the employee of a protected liberty interest. Codd v. Velger, 429 U.S. 624, 628 (1977). The creation and dissemination of a false and defamatory impression is the "stigma," and the termination is the "plus." Kutztown, 455 F.3d at 236.
In the present case, we need not consider whether Defendants' actions satisfy the "stigma" prong, since Plaintiff was never terminated, and therefore cannot satisfy the "plus" prong. The Third Circuit Court of Appeals has, in several cases, held that the deprivation a plaintiff suffered along with stigma to his reputation was not sufficiently weighty to satisfy the "plus" requirement, because the plaintiff in each case did not lose his job, and instead complained about some adverse employment action less drastic than discharge. See Edwards v. Cal. Univ. of Pa., 156 F.3d 488, 492 (1998) (plaintiff was suspended with pay, but was not fired); Kelly v. Borough of Sayreville, N.J., 107 F.3d 1073,1077-78 (1997) (plaintiff was reprimanded and disciplined, but was never suspended, removed, fined or reduced in rank); Clark v. Twp. of Falls, 890 F.2d 611, 617-20 (1989) (plaintiff's duties were changed, but he did not lose his job, and neither his grade nor his pay was lowered); Robb v. City of Phila., 733 F.2d 286, 294 (1984) (plaintiff was transferred and denied a promotion, but remained employed by the City of Philadelphia at the same classification level and pay scale that he had previously had). See also Versarge, 984 F.2d at 1370-71 (plaintiff lost job as firefighter, but job was only a volunteer position to begin with). Kutztown, 455 F.3d at 238.
Plaintiff's allegations--that his suspension with pay for a period of approximately eight days while the Borough examined his qualifications as a firefighter both deprived him of a property interest in reporting to work, and resulted in him being stigmatized in connection with this suspension (an alleged deprivation of a liberty interest)--are insufficient to state a § 1983 claim against Defendants for a violation of due process. Under this factual scenario, neither the alleged property or liberty interest rises to the level of a fundamental right. Accordingly, Defendants' motion for summary judgment as to Count I will be granted.
B. Plaintiff's State-Law Tort Claims
Because the Court will grant Defendants' motion for summary judgment as to Plaintiff's federal claim, we will decline to exercise supplemental jurisdiction over Plaintiff's remaining claims, representing causes of action in tort under Pennsylvania law. Therefore, these Counts (II-IV) will be dismissed without prejudice to their being filed in the appropriate state court.
After reviewing all pertinent evidence from the record, the Court is of the opinion that no genuine issue of material fact exist in this case, and that Defendants are entitled to judgment as a matter of law. Accordingly, Defendants' motion for summary judgment will be granted.
An appropriate Order follows.
ORDER NOW, this 7th day of March, 2007, IT IS HEREBY ORDERED that:
(1) Defendants' motion for summary judgment (Doc. 30) pursuant to Federal Rule of Civil Procedure 56 is GRANTED as to Count I.
(2) The Court declines to exercise supplemental jurisdiction over the remaining Counts II, III, and IV. These Counts are DISMISSED without prejudice to their being filed in the appropriate state court.
(3) The Clerk of Court shall mark this case CLOSED.
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[1600px 16:9] Difficult to get them in flight. So I'm glad to catch a 727 on the ground. But unfortunately by mid-August, the C-of-A was cancelled...
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Staring at an MD11 under a DC10. What are the chances??[1920pxl]
[1600px] Thundering away runway 26L as Flightcraft 905 to POS via SMA at 14:17 hrs.
[1600px] Taxing to runway 26L for takeoff as Flightcraft 905 to POS via SMA at 14:07 hrs.

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Silent Sword
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The Silent Sword was an inn found in the port district of the city of Procampur in the Vast around 1358 DR.
It was frequented by adventurers visiting the city. It was a much quieter place than the Happy Hippocampus. It had good quality service and moderate prices. A number of small "bed-and-beer" houses huddled around it.[1]
- ↑ Jeff Grubb and Ed Greenwood (1990). Forgotten Realms Adventures. (TSR, Inc), p. 98. ISBN 0-8803-8828-5.


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Bob WelchBuy this song
Reasons When it´s dark and it´s cold There´s a reason i need your warmth It´s because of your fire That´s the reason i´m waiting for No reason to be ashamed But reason for me to say Oh girl do we have to wait Yeah girl, do we have to wait any longer Reason number one First i need your love Isn´t that reason enough Reason number two All i see is you Reason is that i need you Reasons Now even though we´ve been down There´s no reason to be afraid Cause we can start anytime and forget about yesterday Oh no reason to say you´re scared The reason is waiting there Just open your heart to me We´re stronger now, girl, you see, yeah So much stronger Reason number one First i need your love Isn´t that reason enough Reason number two All i see is you And there´s another reason too Reasons Reason, ninety-six, baby Come here quick There´s another reason too Reasons
Written by: ROBERT L WELCH
Lyrics © Sony/ATV Music Publishing LLC
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PoisonBuy this song
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Woman dies after Boxing Day fire
An elderly woman has died and three people treated in hospital after a fire at a house in Rishton on Boxing Day.
An elderly woman has died and three people treated in hospital after a fire at a house in Rishton on Boxing Day.
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Fuse Creativity System Project Guide: Fun Party Themes, Idea for Handmade Cards, And More Paper Crafts from Fiskars
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Stamped Christmas Card
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text: Enhanced160 : Estiva & Jeera Lert - Come Home (Original Mix) by Enhanced published on 2013-04-08T13:07:59Z Buy Links: Come Home on Beatport Estiva teams up with San Francisco producer Jeera Lert for the epic 'Come Home', on Enhanced Recordings. One of Enhanced's most of consistent producers and global performers, Estiva exceeds his high reputation yet again in his latest collaboration with Jeera Lert. 'Come Home' is a track with unbelievable up-lift and dreamy vocal samples, starting with a punchy club rhythm and rich melodic stabs that instantly create energy and groove. 'Come Home' falls into a beautifully liberating breakdown and introduces an incredible main lead that will never fail to make you smile. A brilliant collaboration between Estiva & Jeera Lert as supported on Group Therapy by Above & Beyond! Delivered by Label Worx on behalf of Enhanced Recordings Genre Trance Comment by Andrii Lundiak And dubstep begins here :) 2013/05/14 15:55:46 +0000 Comment by kitshka frkn awsome =nn= 2013/04/26 06:30:46 +0000 Comment by Tommy CJ This track is far too good 2013/04/14 00:18:55 +0000 Comment by MelodicTrance featured on my blog 2013/04/09 02:01:15 +0000 Comment by Anup prabhakar Love it 2013/04/08 16:57:51 +0000 Comment by BenBurdine Can this song be played at the end of my life's movie. Guranteed good life. 2013/04/08 15:30:44 +0000 Comment by BenBurdine Estiva again with the unbelievable tune. absolute bliss. thank you guys!! 2013/04/08 15:30:00 +0000 Comment by Vocalist Day nice trance 2013/04/08 14:12:00 +0000


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Don't compete with the other bridesmaids.
If you're not friends with all of the other bridesmaids, it's easy to see the wedding as a competition. You might be worried about how your gifts for the shower and the wedding stack up against the other bridesmaids' or whether they're doing more to help the bride than you.
Do not fall down that rabbit hole. Being a bridesmaid is about helping your friend get ready for her wedding, not for you to show off how great of a friend you are. The bride already knows that — that's why she asked you to stand beside her on the big day. Even if the other bridesmaids seem eager to make things a contest, don't play into it. If you have to, it's okay to tell them that you're focused on making the day about your friend.
On a similar note, being a bridesmaid means letting the small things go. Even if you don't love the dress or the hairstyle, it's really not about you. And if you do want to vent — never complain to the bride.
Keep the dance party going.
Hopefully, the other wedding guests are there to party, too. But if the dance floor's looking a bit sparse, the bridal party should keep the energy going by breaking it down — even if they're the only ones out there. Regardless of whether you like dancing, it will mean a lot to the bride to see people having a good time.
And while we're on the topic, if you're in the wedding party, it's essential to stay until the end of the event. You may be bored, tired, or more interested in kicking off the after-party, but your friend asked you to stand by her side — and that includes being present for the entire reception.
Make sure everyone stays well-fed.
Having snacks on hand is key at the wedding day and at any other wedding-related events. Whether the food is for you, the bride, or one of the other bridesmaids, everyone will appreciate that you have granola bars or fruit in your bag. The wedding day is long — you don't want to deal with hanger on top of everything else.
And if you're packing some food for the day's events, it doesn't hurt to throw in some other essentials, like tampons and deodorant. Someone will need them.
Don't mention anything too embarrassing in your speech — but don't be afraid to get personal.
Yes, the bride probably doesn't want you to mention the specifics of when things got crazy at the bachelorette party. But there's nothing worse than a generic speech, either. Share a few heartfelt (but G-rated) stories and you'll win over the couple and the rest of the wedding guests.


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Sole Amandine
Total Time
Prep 10 mins
Cook 20 mins
This is from Coastal New England Summertime Cooking by Sherri Eldridge. It's a simple and healthy way to prepare sole. If you use the soy margarine it's dairy free.
Ingredients Nutrition
- 2 tablespoons slivered almonds
- 1 1⁄2 lbs sole fillets
- 2 teaspoons butter or 2 teaspoons soy margarine
- 1 teaspoon canola oil
- 2 tablespoons white wine
- 1 tablespoon lemon juice
- salt and pepper
- Toast almond slices on cookie sheet in oven until lightly browned.
- Spray large pan with non-stick oil. On medium heat, warm butter and oil.
- Fry sole on both sides. After turning to second side, sprinkle with wine, lemon juice, salt and pepper.
- Spread toasted almond slices on fillets of sole.
Most Helpful
This was very very good. I was going to give it only 4 stars but it elicited such rave reviews from my Mum & boyfriend that I upped it to 5. This is a classic French dish and was SO easy it proves that sometimes simple is best. The almonds go SO well with the flavour of the sole. I added a tiny bit of almond oil to the Canola.Do watch the almonds while you're toasting them... It takes no time at all & I had to toast another batch because I walked away for a minute. I'd say skip the toasting for simplicity but that toasted flavour is awesome! All in all a really simple but extremely tasty dish. Served it with rice,dilled carrots and asparagus.
I have a similar recipe posted, only made with trout, so I knew I would enjoy this. Loved the additional flavor of wine and toasting the almonds really does make a difference. Made for a lovely light dinner last night. Thanks for sharing it, Kree.


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Lady and the Tramp: Lady, a golden cocker spaniel, meets up with a mongrel dog who calls himself the Tramp. He is obviously from the wrong side of town, but happenings at Lady's home make her decide to travel with him for a while. This turns out to be a bad move, as no dog is above the law.
Lady and the Tramp (1955) Links
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Girl's Tea Collection 'Kichi - Double Decker' Layered
Colorful flowers tumble across this charming dress sewn with coordinating long sleeves for a cute layered look. Color(s): chalk. Brand: TEA COLLECTION. Style Name:Tea Collection 'Kichi - Double Decker' Layered Dress (Toddler Girls, Little Girls & Big Girls). Style Number: 5158589. Available in stores. Learn More


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Who was/is Mayes, TJ ? - CDs, Vinyl LPs, DVD and more
More information about Mayes, TJ on de.Wikipedia.org
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(2016/Wild) 13 tracks - Debut album of TJ Mayes! Modern Rockabilly at its best with Blues, Country and Rock 'n' Roll influences! All songs except one are witten by TJ Mayes himself! A+ release!
Instead of:$18.76 * $15.01 *


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Download the latest form by selecting the link below. You may now complete the application using Adobe Acrobat, print it out and bring it to our office.
The Administrative Plat Correction is required to make changes to previously approved plats where the character and intent of the original plat is not altered. Examples include address changes, plat note amendments, plat title corrections, easement vacations, and other minor corrections.
This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental Commission action/decision. A complete form and associated requirements must be submitted to the Community Development Department within twenty (20) calendar days of the disputed action/decision.
Condominum and townhouse plats which do not constitute "conversions" from rental as defined in Section 13-7-2 of the Vail Town Code may be approved by the administrator subject to review by other departments. The plat will be reviewd under two criteria: (1) the Administrator will check to make sure buildings and other improvements were built per approved plans and (2) compliance with the requirements found in 13-3-6B3 of the Vail Town Code.
This application is for a request to subdivide an existing lot, which is recognized by the town of Vail as a legally subdivided lot, and which shall contain primary/secondary or two-family dwelling units. For zoning purposes, the lots created by a duplex subdivision shall be treated as one lot.
A home occupation is a use conducted entirely within a dwelling and is incidental and secondary to the use of the dwelling for dwelling purposes. Must be renewed on an annual basis.
This application is for a request to subdivide an existing lot, which is recognized by the town of Vail as a legally subdivided lot, and which shall contain single family or primary/secondary detached dwelling units. Each such dwelling unit shall be separated from any other dwelling unit by space on all sides. For zoning purposes, the lots created by a single-family subdivision shall be treated as one lot. No single-family subdivision shall be approved unless the lots to be contained within the subdivision have foundations constructed thereon at the time of submittal. You must download the Administrative Subdivision Plat Review Cover Sheet when submitting this application.
Use when submitting additional information regarding a current DRB Application, PEC Application or approved building permit.
Developer Improvement Agreement - Cash
Developer Improvement Agreement - Letter of Credit
Chris Neubecker
Planning Manager
Jonathan Spence
Brian Garner
Matt Panfil


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decided: November 26, 1975.
PEERLESS MILLS, INC., PLAINTIFF-APPELLANT,v.AMERICAN TELEPHONE AND TELEGRAPH COMPANY, DEFENDANT AND THIRD-PARTY PLAINTIFF-APPELLEE, V. HERTZ, WARNER & CO., A PARTNERSHIP AND NORMAN CARNEY, PAUL COHN, VINCENT GENNA, MARTIN GILMAN, JOEL HELD, IRVING HERTZ, LOUIS KULIKOFSKY, JAY LEYNER, MILTON LITT, CHARLES MATTHEWS, ROBERT SADLER, JAMES SADLER, ROBERT SADLIER, JAY SALUC, KENNETH SHELDON, AND HENRY WARNER, GENERAL PARTNERS IN HERTZ, WARNER & CO., THIRD-PARTY DEFENDANTS-APPELLEES
Appeal from an order of the United States District Court for the Southern District of New York, Hon. Marvin E. Frankel, J., dismissing the claims against defendant and third-party defendants-appellees.
Mulligan, Oakes and Meskill, Circuit Judges.
MULLIGAN, Circuit Judge:
This is an appeal from an order of the United States District Court, Southern District of New York, Hon. Marvin E. Frankel, J., entered on November 6, 1974, which dismissed the claims of plaintiff Peerless Mills, Inc. (Peerless) against defendant American Telephone & Telegraph Company (AT&T) and the claims against third-party defendants Hertz, Warner & Co. (HW&Co), Irving Hertz (Hertz), and Henry Warner (Warner). We affirm the judgment.
In 1963 third party defendant Paul Cohn, aged 23 at the time, became a founding partner in the securities brokerage firm of Hertz, Neumark & Warner, the predecessor of HW&Co, a limited partnership and a member firm of the New York Stock Exchange (NYSE). Cohn withdrew as a partner from the predecessor firm in 1965 but remained as an employee of that firm and its successor HW&Co. In 1968 Cohn married the daughter of A.C. Fine who was then the President and sole stockholder of Peerless. Cohn became increasingly active in the syndication department of HW&Co and was earning about $33,000 per annum by the fall of 1968. In the spring of 1969 he indicated to third-party defendant Warner his interest in once more becoming a general partner in the firm. Judge Frankel found that Cohn knew that the first six months of the firm's fiscal year beginning July 1, 1968 were very profitable, with earnings of about $1,000,000. However, he was not advised by either Hertz or Warner, and did not know, that the early months of 1969 were showing substantial losses, so that eventually the year's losses would practically wipe out the earnings of the first half. The court below found as a fact that there was no intention on the part of the third-party defendants to mislead Cohn and that they were entitled to assume that Cohn would observe the changing conditions of the industry and the "profound revisions in the structure and character of the [securities] business." As a condition of becoming a partner, Cohn was told in March or April, 1969 that his annual salary would be $15,000 and that his participation would be three per cent of the firm's profits, and four-and-one-half per cent of its losses. He was also advised that he would be expected to make a capital contribution of $100,000. Hertz and Warner were aware that Cohn would probably be borrowing for this purpose from his in-laws the Fines. In October, 1969 Cohn obtained a loan from Peerless of 2,000 shares of stock of the defendant AT&T. In connection with the loan Peerless executed a securities loan agreement which released HW&Co from any liability to Peerless. On November 19, 1969 the 2,000 shares of AT&T stock delivered by Peerless were registered in the name of HW&Co. Although the partnership year ran from July 1, 1969, Cohn did not actually sign the partnership agreement until late November or early December 1969, but it was effective as of July 1, 1969. The HW&Co statement for fiscal 1969 was published in late December, 1969, disclosing the losses of the firm. Shortages in the capital accounts of some of the partners also became known and the romance between Cohn and HW&Co came to an end. In February, 1970 Cohn and another young partner, Joel Held, consulted counsel to explore the possibility that they had been fraudulently induced to enter the firm. On May 1, 1970, with the assistance of another partner, Robert Sadlier, Cohn caused the transfer of twenty 100-share certificates of AT&T stock held by HW&Co into a 2,000 share certificate (No. 0471-0429) in the name of Peerless. These were not the same shares loaned by Peerless to Cohn which in fact had been previously disposed of by HW&Co on the open market on January 30, 1970. No member of HW&Co had authorized the transfer secretly effected by Sadlier and Cohn. After Cohn had consulted new counsel, Peerless advised AT&T on July 6, 1970 that it wanted a "stop transfer" order placed on the substituted 2,000 share certificate now held in its name through the machinations of Cohn and Sadlier. The order was recorded on the books of AT&T on that day. The next month after having learned of the transfer to Peerless, Hertz demanded that Cohn arrange for the transfer of the shares back to the firm. Cohn refused and thereafter was suspended as a partner of HW&Co. On September 15, 1970 HW&Co requested AT&T that the 2,000 share certificate, which had remained in its office, be transferred from Peerless to HW&Co. AT&T made the transfer and issued a new certificate to HW&Co. Pursuant to its request HW&Co represented that Peerless had no interest in the securities and agreed to indemnify AT&T against any loss resulting from the transfer. When Peerless later protested, AT&T initially took the position that a mistake had been made. AT&T ultimately concluded, however, that Peerless was not the rightful owner and that none of its rights had been violated by AT&T.
Peerless then instituted this action against AT&T by filing its complaint on March 1, 1971, praying for a judgment directing AT&T to issue a certificate of 2,000 shares of AT&T stock to Peerless, plus all accrued dividends with interest. AT&T in turn impleaded HW&Co and its general partners, including Cohn. In an amended complaint filed on July 23, 1971 Peerless also asserted claims against HW&Co, Hertz and Warner. Peerless urged essentially that Cohn had never become a partner of HW&Co, which had thus converted the Peerless shares loaned to Cohn; that the defendants had made a false representation as to the firm's status to Cohn and through Cohn to Peerless and that Peerless would not have loaned the stock but for the false representations. The action was tried before Judge Frankel without a jury. He made extensive findings of fact and conclusions of law filed on October 31, 1974, and the judgment appealed from dismissed both complaints against AT&T as well as the third-party complaint. (A counterclaim by HW&Co and Hertz and Warner was also dismissed but no appeal has been taken from that dismissal).
On this appeal Peerless urges that the District Court was in error in holding that Cohn was a partner of HW&Co as a matter of law, and therefore is holding that the AT&T stock transferred as a loan to Cohn was not converted. Appellant argues that since at least nineteen intended partners did not sign the proposed July 1, 1969 partnership agreement, including the so-called Meyer-Blau group which represented approximately $1.7 million in capital to HW&Co and which was to assume eighteen per cent of the losses, no partnership was created. The difficulty with this position is that there is no evidence which would indicate that Cohn ever made it a condition to his becoming a partner that the Meyer-Blau group or anyone else would also become partners. On the contrary on his cross-examination below Cohn admitted that the question of Meyer and Blau signing the contract was not on his mind. Judge Frankel found as a fact
That they [the Meyer-Blau group] would surely sign was not "represented" to Cohn or insisted upon by him as an essential preliminary to his membership. Whether the Meyer-Blau group would be in or out was, as Cohn testified, "not a question in [his] mind" when he made his capital contribution, having effectively been a partner for some five or six months before.
Appellant next contends that Cohn did not become a partner because the partnership agreement was not filed with the NYSE pursuant to its Rule 313, nor was there compliance with New York Partnership Law §§ 91 (1)(a) and 91 (1)(b) which require as a condition to the creation of a limited partnership that a certificate containing pertinent information must be signed and acknowledged and must be filed in the office of the appropriate County Clerk. Whatever effect the conceded failure of HW&Co to comply with these filing provisions may have with respect to the firm's relationship to the NYSE or to third parties is not before us. We note that Cohn's status as a partner is now in arbitration proceedings before the NYSE. Cohn is not a party here and is making no claim before us that he failed to become a partner. It may well be that the failure to file the certificate required by section 91 did prevent the creation of a limited partnership in New York. However Cohn was a general partner in the firm and a general partnership would in any event exist between Cohn and the other general partners.*fn1 Cohn signed the partnership agreement, took partnership drawings and held himself out as a partner. We hold therefore that since he was a general partner, the claim that HW&Co converted the AT&T stocks because of a failure of consideration or breach of a condition necessarily collapses. If any conversion took place the tortfeasor was Cohn and not his firm.
Peerless next argues that it was fraudulently induced to transfer its AT&T stock to HW&Co, since the firm and Hertz and Warner were under an affirmative duty to disclose to Cohn and to Peerless all the material facts concerning the financial condition of the firm prior to the signing of the agreement and prior to the delivery of the stock by Peerless. Specifically appellants urge that there was an obligation on the part of the firm and the partners Warner and Hertz to disclose to Cohn the losses of 1969 which eventually almost wiped out the profits for that fiscal year. It is not disputed, and the court below found, that Hertz painted an optimistic picture of the firm's future in discussing Cohn's potential partnership; he stressed the high earnings of the last six months of 1968 but no mention was made of the losses in the early months of 1969, though they were known to him. There is no question but that one party to a business transaction is under a duty to disclose to the other such additional matters known to him in order to prevent his partial statement of the facts from being misleading. E.g., SEC v. Great American Indus., Inc., 407 F.2d 453, 461 (2d Cir. 1968) (en banc), cert. denied, 395 U.S. 920, 89 S. Ct. 1770, 23 L. Ed. 2d 237 (1969); Restatement (Second) of Torts § 551(2)(b) (Tent. Draft No. 12, 1966). Cf. Chris-Craft Indus., Inc. v. Piper Aircraft Corp., 480 F.2d 341, 388 (2d Cir.), cert. denied, 414 U.S. 910, 94 S. Ct. 231, 38 L. Ed. 2d 148 (1973). We have no doubt that the failure to disclose the firm's losses in the first half of 1969 prior to Cohn becoming a partner would constitute common law fraud, assuming that Cohn was not already aware of them. There is a major obstacle however to the appellant's claim here: Cohn, the allegedly defrauded partner to whom the firm had a fiduciary obligation, is not our plaintiff. His problems with the partnership have been submitted, as we have indicated, to the NYSE. The plaintiff-appellant is a third party, Peerless, which in fact is Cohn's in-laws, the Fines. A third party can recover damages for a fraudulent misrepresentation if he can establish that he relied upon it to his detriment, and that the defendants intended the misrepresentation to be conveyed to him.*fn2
The court below found as a fact that plaintiff herein -- formally a corporation, practically Cohn's in-laws -- has no basis for its claim of fraud against the partnership or any member thereof because "there was no deception of the Fines . . ., direct or indirect, by any member of [HW&Co]. In a general atmosphere of trust and affection, the Fines asked Cohn little or nothing about the firm or his projected status as a partner. He expressed generally rosy hopes. They were pleased for him over his seeming rise in the securities industry. They neither sought nor received any concrete information about the state of the partnership or its prospects."
It is significant that although appellants in response to a Notice of Deposition indicated that Mr. and Mrs. Fine would be the witnesses for Peerless, only Mrs. Fine appeared. Her testimony set forth in part in the margin*fn3 makes it abundantly clear that we cannot appropriately term the finding of fact of the trial court that there was no reliance by Peerless clearly erroneous. Mrs. Fine was not depending upon any representations of the firm or any concrete or specific details about the business of the firm but was understandably anxious to have her son-in-law, Cohn, become a partner in any event. If Mr. Fine, the President of Peerless, and presumably more knowledgeable in its business dealings than his wife, made any inquiries or relied in any way upon the firm's representation as to the profits made in 1968, he failed to come forward to so testify. There is no reason given for his failure to appear to be deposed and we cannot assume that his testimony would be helpful. On the contrary, we may assume that it would be detrimental. See, e.g., Golden State Bottling Co. v. NLRB, 414 U.S. 168, 174 & n.3, 38 L. Ed. 2d 388, 94 S. Ct. 414 (1973); Interstate Circuit, Inc. v. United States, 306 U.S. 208, 226, 83 L. Ed. 610, 59 S. Ct. 467 (1939); NLRB v. Dorn's Transp. Co., 405 F.2d 706, 713 (2d Cir. 1969); United States v. Dibrizzi, 393 F.2d 642, 646 (2d Cir. 1968); McCormick, Evidence § 272 and cases cited (2d ed. 1972).
Aside from the failure to show reliance by Peerless, there is no showing that the appellees intended that Cohn convey their representations to the Fines. Appellant has relied upon section 533 of the Restatement of Torts for the proposition that the maker of a fraudulent misrepresentation is subject to liability to another who acts in justifiable reliance upon it, if the misrepresentation is made to a third person (here Cohn) for the purpose of having him repeat its terms or communicate its substance to the other (Peerless) in order to influence the latter's conduct in a particular transaction. While HW&Co through Hertz and Warner knew that Peerless was the probable source of Cohn's contribution, Comment b to the Restatement section just cited provides "It is not enough . . . that the maker of the misrepresentation knows that its recipient may probably, or will to a substantial certainty, repeat it to a third person . . . The misrepresentation must be made for the purpose of having it repeated in terms or communicated in substance to the third person." Even rejecting arguendo the finding of fact below that "there were no fraudulent statements or omissions to Cohn by any member of the firm," there is nothing in the record to establish that HW&Co or its partners intended Cohn to repeat the rosy picture of fiscal 1968 to his in-laws. Certainly, Mrs. Fine's testimony negates any reliance upon representations by HW&Co. In sum, we think that the failure to establish reliance by Peerless on any representation by HW&Co or its partners as well as failure to establish that the firm intended Cohn to relay its misleading representation to Peerless, are necessarily fatal to the case. We do not consider the finding of the court below that Cohn was not misled because his ignorance of the firm's true financial picture was due to his own indifference and inattention and lack of inquiry, since Cohn is not seeking any relief here. Obviously, in view of his fiduciary relationship as a partner, the responsibility of HW&Co to him is greater than that to third parties. Moreover, this disposition of the case makes it unnecessary to discuss the waiver of liability by Peerless to HW&Co, contained in the securities loan agreement, which in the absence of fraud would seemingly preclude this action.
Since appellant's case against AT&T is premised upon its right to the AT&T stock, it is quite obvious from the foregoing that there is no liability on the part of AT&T. In the original complaint the appellant urged that it was the owner of the 2,000 shares of AT&T common stock evidenced by a stock certificate bearing number 0471-0429. These were not the shares Peerless originally loaned Cohn so that he could make his capital contribution to the firm. Those were sold on the open market on January 30, 1970. The shares sought to be reclaimed were those converted by Cohn from HW&Co. Peerless has no possible right to reclaim these shares. Reclamation as provided by the Uniform Commercial Code § 8-315 is limited to the self-same security wrongfully diverted. 3 R. Anderson, The Uniform Commercial Code § 8-315:3, at 775-76 (2d ed. 1971); see Israels, Practice Commentary for N.Y. U.C.C., § 8-315 at 265 (McKinney 1964). See generally Restatement of Restitution § 215 (1937).
We conclude that since Cohn was a partner and there was no reliance by Peerless upon any misrepresentation by HW&Co or Hertz or Warner and none was intended to be conveyed to Peerless, this appeal must fail.
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A Chinese billionaire is feared dead along with his young son following a helicopter crash in France.
Lam Kok, 46, was in Bordeaux to buy the 8th-century Chateau de la Riviere and vineyard in a deal that represented the biggest ever Chinese investment in the area.
He, his 12-year-old son and an interpreter were flying in a helicopter piloted by James Gregoire - the former owner of the Chateaux, according to Sky News - when the aircraft crashed into a river on Thursday.
Frances's Interior Ministry said one body had been recovered from the wreckage, but the other three are yet to be found.
Kok had been at the chateuax to meet its staff, before going on a tour of the 160-acre estate.
The Times reports that Kok's wife pulled out of the aerial tour just before it took off because she was scared of helicopters.
When the group failed to return, staff rang the emergency services and a search operation was launched using helicopters, inflatable boats, rescue divers and 100 police on foot.
Kok, who runs Hong Kong luxury hotel group Brilliant, is said to have purchased the wine estate for £25 million.


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APPEAL from the Circuit Court of Will County; the Hon. CHARLES
P. CONNOR, Judge, presiding.
After trial by jury in Will County the defendant Robert Chapman was convicted of the offense of armed robbery and sentenced to a term of imprisonment of not less than 4 nor more than 5 years.
The facts pertinent to this appeal establish that the defendant, along with James Livsey, on June 16, 1977, attempted to perpetrate an armed robbery of the office of the Farmers Insurance Group located at New Lenox, Illinois. Upon entering the office the defendant and Livsey first encountered an employee, Janet Dutter. Livsey was armed with a gun which he first pointed at Mrs. Dutter and subsequently put against her back as he moved her towards and into a closet. While in the closet Mrs. Dutter heard Livsey asking another employee, Mr. Englert, where the money was, and then, in reply to a question by Livsey, another voice replied, "I have both barrels cocked." Livsey then came to the closet and took $467 plus various identification cards from Mrs. Dutter's wallet.
Livsey and his companion, who was later established as being the defendant, left the scene of the crime. A chase ensued which resulted in the arrest of both individuals.
On the same day a search by the sheriff's department resulted in the finding of Mrs. Dutter's identification cards and a .38-caliber revolver along the side of the road where the law enforcement officials had pursued Livsey and the defendant as they attempted to make their escape. The question as to the identification of Livsey and the defendant being the individuals who were present at the scene of the robbery is not an issue in this appeal. During the course of the defendant's trial, which had been severed from that of Livsey, it was the testimony of Mrs. Dutter that the gun found by the roadside looked like the gun used by Livsey.
The single issue presented in this appeal is whether in an armed robbery case where it is clear that the weapon used was an unloaded revolver, was the trial court in error in instructing the jury that a person is considered armed with a dangerous weapon when he possesses a handgun.
More succinctly stated, it is the contention of the defendant that the trial court erred in removing from the province of the jury the question as to whether the revolver was or was not a dangerous weapon.
This issue is presented as the result of various actions on the part of the trial court and counsel during the trial of the defendant. The trial court instructed the jury that the State had to prove the following propositions beyond reasonable doubt:
"That James Livsey took United States Currency from the person or presence of Janet Dutter; and
That James Livsey did so by the use of force or by threatening the imminent use of force; and
That James Livsey was armed with a dangerous weapon.
That Robert Chapman, during the commission of the crime of armed robbery by James Livsey, with the intent to promote and facilitate the commission of the crime of armed robbery by James Livsey, aided the said James Livsey in the commission of the said offense of armed robbery."
The above instruction directed the jury to determine as one of the elements of the crime as to whether or not the State had proved beyond a reasonable doubt that the accomplice Livsey was armed with a dangerous weapon.
The trial court, in defining for the jury a dangerous weapon and apparently in reliance upon the definition of such term in the armed violence statute (Ill. Rev. Stat. 1975, ch. 38, par. 33A-1), instructed the jury that:
"A person is considered armed with a dangerous weapon when he possesses a handgun."
The .38-caliber revolver being the weapon in question in the instant case was found unloaded by law enforcement officials shortly after the commission of the crime. In final argument to the jury, the State made the following remarks:
"I think if you look at the facts as has been testified to, this gun was not loaded. You can see why that makes sense. They didn't have a loaded gun. If Janet Dutter did try anything, they couldn't do anything other than stop them. They couldn't shoot them because the gun wasn't loaded at this point." (Emphasis added.)
From the foregoing itemization of the actions of the trial court and the prosecutor, it is clear that whether or not the unloaded .38-caliber revolver was a dangerous weapon was a matter deemed to be crucial in determining the guilt or innocence of the defendant.
Did the trial court err in instructing the jury that it must determine whether or not the gun in question was proven beyond reasonable doubt to be a dangerous weapon when subsequently the jury was instructed that a person is considered to be armed with a dangerous weapon when possessed of a handgun. Counsel for the defendant contends that error was committed, since such inconsistent instructions denied the defendant a fair trial in that they precluded the jury from determining a crucial issue as to whether or not the gun was a dangerous weapon. In support of this contention, appellate counsel for the defendant has made and presented to this court an exhaustive analyzation and interpretation of the Illinois case law pertaining to the question.
Fifty years ago our supreme court indicated by reasoning which we deem to be less than clear that a pistol, whether loaded or unloaded, is dangerous per se. (People v. Dwyer (1927), 324 Ill. 363, 155 N.E. 316.) Reviewing courts> have relied on Dwyer even though sub silentio in affirming a number of armed robbery convictions without requiring either production of the firearm used or proof that it was loaded and operable at the time of the robbery. (See People v. Patrick (1972), 53 Ill.2d 201, 290 N.E.2d 227; People v. Mentola (1971), 47 Ill.2d 579, 268 N.E.2d 8; People v. Emerling (1930), 341 Ill. 424, 173 N.E. 474; and People v. Moore (1973), 14 Ill. App.3d 361, 302 N.E.2d 425.) The dangerous-per-se rule promulgated in Dwyer has been seriously eroded if not erased by the many more recent decisions of our reviewing courts>. Whether two .22-caliber starter pistols used in a robbery were dangerous weapons was held to be a question for the trier of fact. (See People v. Trice (1970), 127 Ill. App.2d 310, 262 N.E.2d 276.) Whether a .22-caliber pistol designed to fire blank cartridges was a dangerous weapon was held to be an issue to be determined by a jury. (See People v. Ratliff (1974), 22 Ill. App.3d 106, 317 N.E.2d 63.) In People v. Richards (1975), 28 Ill. App.3d 505, 328 N.E.2d 692, it was held to be a question for the jury whether an inoperable sawed off rifle was a dangerous weapon. This court in People v. Hill (1977), 47 Ill. App.3d 976, 362 N.E.2d 470, held that the trier of fact was justified in holding that an unloaded air pistol was a dangerous weapon. It should be noted that in the cases of Ratliff, Richard and Hill the reviewing courts> held that even if not dangerous by being used as a gun is intended to be used, to-wit, the firing of lethal bullets, the weapons were nevertheless dangerous since they could have been used to inflict physical harm, i.e., as a bludgeon or club.
Other jurisdictions have found various guns to be dangerous weapons even though they could not have produced injury if used in the manner they were intended to be used, viz., State v. Antes (1976), 74 Wis.2d 317, 246 N.W.2d 671 (pellet gun); State v. Levi (1971), 259 La. 591, 250 So.2d 751 (an unworkable pistol); Crum v. State (1967), 1 Md. App. 132, 227 A.2d 766 (a .22-caliber gas pistol incapable of firing a bullet); and Commonwealth v. Johnson (1968), 212 Pa. Super. 1, 239 A.2d 861 (a toy gun having the appearance of a real weapon).
We have set forth a somewhat lengthy resume of the various weapons which have been held to be dangerous either per se or by jury determination. In light of the decisions where an air pistol, starter pistols, inoperable rifle, pellet gun, gas pistol, and toy gun have all been found to be dangerous weapons, we cannot agree that error was committed when in the instant case the trial court instructed the jury that a person is considered armed with a dangerous weapon when he possesses a handgun. The trial court may well have taken from the jury consideration of one of the elements of the offense of armed robbery; however, the cases we have cited clearly place a .38-caliber revolver, even though unloaded, in such category.
An examination of the decisions of the reviewing courts> discloses that the courts> will indulge in machinations in order to hold that almost any weapon is a dangerous one if it strikes fear into the heart of the victim. It may well be time to face realism and permit the trial court to determine as a matter of law what is a dangerous weapon. There is logic and reasoning to support such a determination on the part of the trial judge where firearms, operable or inoperable, are used to perpetrate an armed robbery. It is apparent that our supreme court attempted to define such as the law in the Dwyer case. (People v. Dwyer (1927), 324 Ill. 363, 155 N.E. 316.) A return to the rule in Dwyer would eliminate the machinations indulged in by our courts> in order to reach the same result.
It is regrettable that the reviewing courts> have adhered to an objective test in determining whether or not an accused was armed with a dangerous weapon. There is an adherence to the practice of determining the potentially harmful effects of the weapon whether used in the manner intended or in some other harmful manner. By applying the objective test the courts> have indulged in the far-from-satisfactory reasoning that an uncocked air pistol similar in appearance to a .45-caliber automatic pistol is a dangerous weapon because it could be used as a bludgeon.
A subjective test in determining what is a dangerous weapon would be a more realistic approach. "In making the determination the focus should be not so much upon the firearm or the pseudo firearm itself, but upon the intention with which the alleged firearm, or other weapon, was used by the perpetrator and the belief such use instilled, or reasonably could have been expected to instill, in the victim." See special concurring opinion of Mr. Justice Jones in People v. Greer (1977), 53 Ill. App.3d 675, 686, 368 N.E.2d 996, 1004.
For the reasons set forth the conviction of the defendant and the sentence imposed thereon by the Circuit Court of Will County is affirmed.
ALLOY and STENGEL, JJ., concur.
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Bulldogs grow during holiday tournament
New Albany's record evened out at 4-4 after the Bulldogs' tournament appearance in Arkansas last weekend.
"The field was stacked with teams like Riverside, along with other top 20 programs in the country," coach Brady Gray said. "We played three teams that have great players, several of which are division one talent and commitments, so the competition for us, overall, was excellent."
Opening the Rumble on the Ridge tournament against Archie Goodwin, one of the nation's top 10 recruits, and his Sylvan Hills squad, the 'Dawgs were outscored 29-9 in the second quarter of its 75-51 loss. Daniel Drummond led New Albany with 16 points, followed by 11 points from Moses Kingsley.
Eric Chaney had a double-double, scoring 21 points and grabbing 10 rebounds in a 59-52 second round loss to Forrest Hill on Friday, and New Albany closed the tournament with a 67-39 loss to Little Rock Hall in the seventh place game on Saturday. Kingsley led the 'Dawgs with 15 points. With contribution coming from different players each night, Gray was pleased with his team's performance in the tournament.
"I was fairly pleased given the talent we faced, and we had good effort each night," he said. "We got off to a slow start in the first game, and calmed down and we stayed with them, but we just got behind too early. I'm proud of how they battled back.:
"We worked fairly hard overall, but it was tough on our guys to play three games in back to back to back nights. That's something they're not accustomed to. We had different people in different games picking each other up, and if someone was slacking, we had another person there to pick them up."
After playing Ingomar on Tuesday, New Albany will travel to Booneville on Friday and take on Briarcrest next week. Gray hopes for a good finish to the semester for his team.
"We're looking finish strong and on a good note like we do each season," he said. "With the way our schedule plays out the rest of the semester, it will be a challenge and not getting any easier for us."
About Chris Elkins
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Par Fore the Course Package
- Overnight standard room with one king bed or two double beds
- 18 holes of golf per person at The Oaks or Hidden Lakes
- Complimentary driving range and club storage
- Bag storage
- Tee times confirmed up to 30 days in advance
- Additional same-day tee times upon arrival at the cart fee price
Relax & Play Golf Package
- Overnight standard room with one king size bed or two double beds
- Choice of 45 minute massage or one hour facial at the Windjammer Spa for one guest
- One round of 18 holes of golf for one guest
- Breakfast buffet for two in Black Bear Lodge Restaurant each morning
Golf Trail Package
- Overnight standard room with one king size bed or two double beds
- Golf for two guests at one of our courses or area courses including: Bear Creek Valley, Eldon Country Club, Indian Rock, Lake Valley, Sycamore Creek, Osage National, Old Kinderhook, Season's Ridge, Rolling Hills and Deer Chase
The regular practice of stretching, maintaining core strength and balance is a great way to improve your golf game. The golf game requires four things: flexibility, core strength, balance and power; YOGA ENCOMPASSES 3 OF THESE 4 COMPONENTS! Why not join us and get "Golf ready" for the next season!
Golf is also a game of FOCUS. Yoga also enhances your ability to focus through the use of proper breathing techniques. Classes will focus on proper breathing and relaxation exercises. Some classes will end with 2-3 minutes of focused relaxation. This time can be used to visualize your success on the course.
This 45 minute GOLF FOCUS class will run on Monday and Thursday at 8:30, starting Monday, October 10. Fall classes will run for an 8 week session. Class cost: $10.00/session ($160 total). Please bring a yoga mat and a driver to class. A yoga block may also be helpful; however, it is not necessary. Please call Vicki Gettler at 573.286.6552 with any questions you may have.
Golf Specials
HIDDEN LAKES 10 ROUND PLAY CARD: $225 (Plus tax)
- May be used at the Oaks when Hidden Lakes is closed
- Ten 9-hole rounds including cart
- Valid anytime
TAN-TAR-A MONTHLY PLAYERS PASS: $55 (Plus tax)
- Valid for 30 days from purchase date
- Valid Sunday after Noon and Monday - Thursday anytime
- Valid at the Oaks and Hidden Lakes
- ½ price range balls
- Member cart fee required for each round: $10 for 9 holes and $20 for 18 holes
OAKS 10 ROUND PLAY CARD: $300 (Plus tax)
- Ten 18-Hole rounds including cart
- Valid Monday-Thursday only
- Card may also be used for 18 holes at Hidden Lakes
- ½ price range balls


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Prices, specials, features and availability subject to change.
Belmont Shore - Lower back unit just a few blocks from Rosie's Dog Beach and Belmont Pier. New kitchen cabinets installed, stove and fridge. Laminate and tile floors throughout unit. All utilities are included. Small pets 15lbs or less welcome with additional deposit $500. No Section-8.
This is a month-to-month rental agreement.
If you would like to view this unit, you are welcome to come visit our office and check out the keys. You will need $30 cash deposit and a state issued I.D. This is refundable when returning the keys back into our office. We are open from Mon-Sat. 9am--5pm and the latest time to check out the keys is 4pm.
Belmont Brokerage & Management
647 E. 4th St. Long Beach, CA, 90802.
To view more of our units visit our website at WWW.BELMONTBROKERAGE.COM
Pets Accepted. Dogs Allowed. Cats Allowed. Call for service animal policy.
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This is a pain as my host has register_globals off and I read that it is best to write your scripts so that they do not require register_globals to be on.
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I'm sure, if you're a parent, you're already starting to sing "It's the most wonderful time of the year…" because school is almost back in session!
That means one thing, though: homework. Trust me, as a reasonably recent elementary and middle school student, when I say it's hard to get kids to read on top of their homework. My parents always had trouble getting me to read "pleasure books" during the school year. My thinking was, why do I have to read another book in addition to the ones that have already been assigned to me? It sometimes felt like homework on top of homework. But it doesn't have to. I've put together a few tips to help keep your kids reading for pleasure during the school year:
Don't make reading a chore.
If you give the message to your children that they have read a book during the school year, that's just going to make them want to do it even less. Let them figure out their workload, and if you see that it's reasonably light a particular week, stop by the library or the bookstore next time you're running errands. In all likelihood they will pick out something that piques their interest.
Find out what they really want to read or learn about.
When my mom started suggesting books to me, she gave me the classics. To Kill A Mockingbird, Of Mice and Men, Little Women… And that's what I was interested in reading! If you're not 100% sure what your child wants to read, ask them! It's as simple as that.
Giving them the freedom to choose a book will help you offer more suggestions in the future, and keep the pleasure-reading streak going. For example, if you see them pick out The Hunger Games, give them Divergent, another action-packed, post-apocalyptic thriller. If they pick out the kid classic Junie B. Jones, give them Amelia Bedelia. They're both at the same reading level and are quirky and funny. Finding out what they enjoy will make pleasure reading a smoother process for everyone.
Give them different sources or media.
Your kids are living in a spectacular era in which everything is available everywhere on any device. This means, unfortunately, that good ol' fashioned paperbacks might just not cut it. Your tech-savvy kids might be looking for a different way to approach their favorite stories. Downloading books from iTunes or Amazon onto your Kindle or iPad can make it fun for them while simultaneously making them feel more grown up.
Another solution would to be to let them listen to, say, the Adventures of Huckleberry Finn. You can download audible.com's app from Apple's App Store and search through thousands of titles to find the perfect ones for your children. It gives them the freedom to find what they really want to read (or hear, in this case), and makes it feel like it's not a chore.
I hope these tips will help you and your children find ways to start the good habit of pleasure reading. Watch out, it's contagious!


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$519.99 GoPro HERO4 Black Edition +64GB SanDisk +2 Battery +30pcs ALL you need Pro Kit! +FS
Ebay offers GoPro HERO4 Black Edition +64GB SanDisk +2 Battery +30pcs ALL you need Pro Kit! for $519.99 (orig. $919.95) with free shipping.
Product Description:
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Category: Sports & Outdoors
Posted on 10 June 2016, 08:53 AM