text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
decided: August 26, 1981.
WILLIAM M. GIBBONS, AS TRUSTEE OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, DEBTOR, ET AL., PETITIONERSv.UNITED STATES OF AMERICA AND INTERSTATE COMMERCE COMMISSION, RESPONDENT ; ST. LOUIS SAN FRANCISCO RAILWAY COMPANY AND THE REGIONAL TRANSPORTATION AUTHORITY, INTERVENING-RESPONDENTS .
On Petition for Review of Orders of the Interstate Commerce Commission
Before Bauer and Wood, Circuit Judges, and Grant,*fn* Senior District Judge.
We consider two issues in these consolidated appeals: first, the power of the Interstate Commerce Commission to set compensation for the temporary, "permissive" use of lines of the Chicago, Rock Island and Pacific Railroad Company ("Rock Island"); second, the propriety of the compensation granted to the Rock Island in three service orders. We affirm the orders of the Interstate Commerce Commission.
The Interstate Commerce Commission ("ICC") authorized three carriers the St. Louis-San Francisco Railway Company ("Frisco"), the Regional Transportation Authority ("RTA"), and the St. Louis Southwestern Railway Company ("SSW") to conduct rail operations temporarily over certain Rock Island lines.*fn1
Service Order No. 1451, issued by the ICC on March 19, 1980, and revised on April 15, 1980, authorized Frisco to operate at eight former Rock Island locations over short segments of track with high traffic density. The ICC asserted authority to issue Service Order No. 1451 under 49 U.S.C. § 11123(a) (3).*fn2
Directed Service Order 1437 was issued by the ICC on March 20, 1980, pursuant to the directed service statute, 49 U.S.C. § 11125. It granted the RTA or its agent authority to provide service as a directed rail carrier over the Rock Island's Chicago-Joliet, Illinois commuter line, a distance of 40.6 miles.*fn3
Directed Service Order No. 1453*fn4 was issued by the ICC on March 21, 1980, also pursuant to 49 U.S.C. § 11125. This Order granted SSW temporary authority to operate the Rock Island's Tucumcari line between Santa Rosa, New Mexico, and St. Louis, Missouri, a distance of 965.2 miles.
Directed Service Order No. 1456,*fn5 issued by the ICC on March 25, 1980, pursuant to 49 U.S.C. § 11125, granted the SSW temporary authority to operate over the Rock Island line between Memphis, Tennessee and Fordyce, Louisiana, and certain branch lines.
Each of the orders were termed "permissive", that is, the ICC gave each carrier permission to use the lines, but did not require them to do so. Each of the orders provided for directed service from late March to May 31, 1980, the maximum allowable time for directed service under 49 U.S.C. § 11125. Each of the orders expressly conditioned permission to use the lines on a waiver of federal subsidization under 49 U.S.C. § 11125(b)(5), since the Congressional appropriations under that subsection had run out.
Each service order was conditioned also on the payment of compensation by the carriers to the Rock Island. The directed service orders contained the following provision:
(SSW or RTA) and the RI Trustee shall negotiate regarding terms of compensation regarding use of the line and related facilities. In the event of a failure to reach agreement, we (the ICC) reserve the right to set reasonable compensation terms.
Directed Service Order Nos. 1453 at 8; 1456 at 7. Supp. Order No. 1, Directed Service Order No. 1437 (March 25, 1980) at 1. Similar language was contained in Service Order No. 1451 (Frisco).
The several rail carriers and the Trustee entered into negotiations as anticipated by the compensation condition in each order. Negotiations immediately broke down. On April 3, 1980, SSW filed a "Petition for Determining and Fixing, or Denying Compensation" seeking the exercise of the Commission's reserved "right to set terms of reasonable compensation." When negotiations with Frisco broke down, Frisco filed a petition seeking Commission arbitration. The negotiations with the RTA also reached an impasse. In that case, the Trustee himself requested the Commission to set the terms of compensation.
The ICC issued three Compensation decisions in response to the various petitions. In its decision setting compensation for Frisco's use of Rock Island property, the Commission established a compensation formula which was applied to all the other lines involved here, except the Tucumcari. Finance Docket No. 29305, 363 I.C.C. 248 (1980) ("Frisco Compensation Order"). See Supp. Order No. 2, Directed Service Order No. 1437 (May 9, 1980) (RTA); Supp. Order No. 2, Directed Service Order Nos. 1453 and 1456 (April 28, 1980) (Memphis-Fordyce line). The Frisco order provided for a base rental of $1250 per route mile per year, plus 14.4 per cent of any profits generated by the line. The Commission ordered rent for the Tucumcari line based on a percentage rate of return on the agreed sale price of the line between the Rock Island and SSW, less expenditures which preserved the value of the property (up to fifty percent of rent payment).
The Commission affirmed its decision in September 1980, concluding that the formulas made a reasonable accommodation of the opposing interests of the parties. Frisco Compensation Decision on Reconsideration, Finance Docket No. 29305, 363 I.C.C. 264, 269 (1980) and Decision on Reconsideration, Supp. Order No. 2 to Directed Service Orders Nos. 1453 and 1456, 363 I.C.C. 252, 263 (1980).
In No. 80-1858, SSW petitions for review of the Tucumcari and Memphis-Fordyce compensation order and the ICC's decision on reconsideration. In No. 80-1786, the Trustee of the Rock Island and other parties*fn6 petition for review of all three compensation orders. RTA and Frisco intervene on behalf of the Commission in No. 80-1786.
The scope of the issues before us should be clarified at the outset. None of the parties contest the Commission's authority to order temporary directed service under section 11123(a)(3) or section 11125*fn7 of the Interstate Commerce Act. Further, none of the parties contest the Commission's authority to condition the grant of a temporary directed service order (DSO) on a waiver of the federal subsidy provided by section 11125(b)(5)*fn8 although the power to require waiver of the subsidy is not expressly given by the Act. Rather, the two petitioners contest the Commission's authority to also condition the grant of a DSO on the payment of rent to the Rock Island.
Although congruent in their goals, the two petitioners differ in their motives. The Trustee wants compensation to be determined in the Reorganization Court, where he hopes to get more money. Thus he argues that the use of its lines here constitutes a "taking" requiring a judicial determination of "just compensation." SSW, on the other hand, wants to pay the Rock Island nothing. So it argues, disingenuously, that the ICC has the power to authorize one type of condition, but not the other.
We tire of arguments of expediency addressed to us under the guise of principle. Nevertheless, we have considered these contentions seriously. Both are without merit.
The ordering of directed service pursuant to section 11125 does not constitute a fifth amendment taking. Lehigh & New England Rwy. Co. v. I.C.C., 540 F.2d 71, 82 (3d Cir. 1976), cert. denied, 429 U.S. 1061, 97 S. Ct. 784, 50 L. Ed. 2d 776 (1977). Since a railroad's property is charged with the public interest, New England Divisions Case, 261 U.S. 184, 190, 43 S. Ct. 270, 273, 67 L. Ed. 605 (1923), no taking of private property for public use occurs when a directed carrier performs the public service obligations of the defaulting carrier. 540 F.2d at 82.
Rock Island contends that Lehigh does not apply to it because it has been declared "cashless." Our decision in In re Chicago, Milwaukee, St. Paul & Pacific R.R. Co., 611 F.2d 662, 669 (7th Cir. 1979), held that a cashless railroad "cannot be required to continue operating to serve the public interest." The Rock Island argues that Milwaukee means that its public service obligations have ended and that therefore any use of its property for a public purpose constitutes a taking. We disagree.
Our decision in Milwaukee held only that the ICC could not force the Rock Island itself to continue operating. But even if the Rock Island cannot operate, it must still fulfill its obligations under the Interstate Commerce Act. 49 U.S.C. § 11101; see Akron, Canton & Youngstown R.R. Co. v. I.C.C., 611 F.2d 1162, 1168 (6th Cir. 1979), cert. denied, 449 U.S. 830, 101 S. Ct. 97, 66 L. Ed. 2d 34 (1980). Those obligations end only with the grant of a certificate of abandonment. 49 U.S.C. § 10903; New Haven Inclusion Cases, 399 U.S. 392, 461, 90 S. Ct. 2054, 2093, 26 L. Ed. 2d 691 (1970); Lehigh, 540 F.2d at 83. Would a finding of "cashlessness" suffice, the need for a certificate of abandonment would be eliminated in many cases. Such a result would contravene the express Congressional directive that only the Interstate Commerce Commission determine whether "the present or future public convenience and necessity require or (should) permit the abandonment or discontinuance" of rail service. 49 U.S.C. § 10903. Therefore, until a certificate of abandonment is issued, a rail carrier who is authorized to operate over the Rock Island's lines is fulfilling the Rock Island's obligations.
We agree with the Lehigh court that no taking has occurred. Lehigh, 540 F.2d at 84. Accordingly, compensation for the use of its lines need not be set in a judicial proceeding or be equal to "just compensation" under the Constitution.
Until March 23, 1980, when federal subsidies ran out, the ICC directed federally subsidized service on the Rock Island system under section 11125. Directed Service Order No. 1398 (Sept. 26, 1979, I.C.C.) and Supp. Orders Nos. 1 and 2. Effective May 30, 1980, the Commission was granted express authority to direct unsubsidized service with compensation over the Rock Island system. ROCK ISLAND TRANSITION AND EMPLOYEE ASSISTANCE ACT ("RITA"), 45 U.S.C. §§ 1015, 1017. Indeed, the ICC has directed service under these sections with compensation over the lines involved here by the same carriers. Supp. Order No. 3, Directed Service Order No. 1437 (May 30, 1980) (RTA), Service Order No. 1473 (May 30, 1980) (SSW-Tucumcari line). The only question here is whether, for the two-month period from March 24, 1980 to May 30, 1980, the ICC could "fill the vacuum" by directing service with compensation over the Rock Island.
The answer is yes. "Congress has specifically declared that the Commission's authority is not limited by specific statutory enumerations in (49 U.S.C.) § 10321(a):
(a) The Interstate Commerce Commission shall carry out this subtitle. Enumeration of a power of the Commission in this subtitle does not exclude another power the Commission may have in carrying out this subtitle ....
The Supreme Court has explicitly recognized that administrative agencies must be given latitude beyond narrow statutory confines to effectuate their broad purposes: "We are, in the absence of compelling evidence that such was Congress' intention, unwilling to prohibit administrative action imperative for the achievement of an agency's ultimate purposes.' Permian Basin Area Rate Cases, 390 U.S. 747, 780 (88 S. Ct. 1344, 1366, 20 L. Ed. 2d 312) (1968)."*fn9
Achievement of the Commission's purpose preservation of a national transportation system and provision of transportation for the people and industries of the Midwest was directly threatened in late March 1980. Because the Rock Island was cashless, the Commission could not order it to operate. In re Chicago, Milwaukee, St. Paul and Pacific R.R. Co., 611 F.2d at 669. Further, federal subsidies under section 11125 were exhausted in late March. Without these subsidies, the ICC could not force another carrier to operate over the Rock Island. 49 U.S.C. § 11125. The ICC first attempted to solve the crisis by authorizing the same carriers to operate over the Rock Island, with compensation, under 49 U.S.C. § 11123(a)(2) and (a)(4). But that effort was halted when this Court ruled that the Commission could only authorize use of cars, but not lines, under sections 11123(a)(2) and (a)(4). Atchison, Topeka & Santa Fe Rwy. v. United States, 617 F.2d 485 (7th Cir. 1980). Further Congressional action was widely recognized to be forthcoming, but not in time. The ICC had no other express powers to deal with the crisis. The Rock Island would shut down.
The ICC then took a step to avoid the consequences of a shut down it created "permissive" service orders under section 11125. The new orders were a hybrid of orders issued under sections 11125 and 11123. Like 11125 orders, they allowed service over entire lines. Since the Commission could not provide federal subsidies to the directed carrier, as contemplated by section 11125, the Commission made service voluntary, not mandatory. Like the earlier section 11123 orders, the new orders provided for compensation to the Rock Island for use of its lines.
The Commission's orders here were directly related to its express powers to direct service. We find the exercise of the ICC's power here "to be a legitimate, reasonable, and direct adjunct to the Commission's explicit statutory power." United States v. Chesapeake & Ohio R.R. Co., 426 U.S. 500, 514, 96 S. Ct. 2318, 2325, 49 L. Ed. 2d 14 (1976). Compare, Atchison, Topeka & Santa Fe Rwy. Co. v. I.C.C., 607 F.2d 1199, 1203, (7th Cir. 1979) (statutory authority to publish "rates, fares, and charges" does not include power to publish operating schedules.*fn10
SSW states Chesapeake dealt with the Commission's power to suspend rates. True enough, but nothing in the opinion suggests it applied only to that power. As held in the subsequently decided Trans Alaska Pipeline Rate Cases, 436 U.S. 631, 655-56, 98 S. Ct. 2053, 2066-67, 56 L. Ed. 2d 591 (1978), the orders
allow(ed) the Commission in exercising its ... power, to pursue "a more measured course" and to "offe(r) an alternative tailored far more precisely to the particular circumstances" of these cases.
(Quoting 426 U.S. at 514, 96 S. Ct. at 2325.)
Nor could the ordering of compensation be considered contrary to law or arbitrary and capricious. 5 U.S.C. § 706. Since the carriers agreed to operate over the Rock Island voluntarily, the Commission rightly concluded that they expected to reap some benefits from the operation. The Commission required the carriers to pay compensation as a matter of equity. SSW Commission Appeal, 363 I.C.C. at 258.
Sections 120 and 122 of RITA indicate Congressional approval of the ICC's orders here. Both sections provide explicitly that the Rock Island is to be compensated for the voluntary use of its lines, and that the Commission should set reasonable terms of compensation if the parties are unable to agree. 45 U.S.C. §§ 1015, 1017. The conference report on section 120 (relating to commuter service, 45 U.S.C. § 1015) stated:
The Conference substitute adopts the House provision with changes to indicate that ... the Rock Island is to receive such compensation as the Commission finds to be reasonable if the parties cannot reach agreement on compensation for the use of Rock Island properties and facilities. In determining compensation under this section it is the conferees' desire that the Commission follow standards similar to those used in determining compensation to be paid to the trustee by interim operators in previous compensation determinations.
H.R.Rep.No. 96-1041 at 33, 1980 U.S.Code Congressional and Administrative News 1194 (emphasis added).
Finally, the Staggers Rail Act of 1980 granted the Commission authority to order temporary service over the lines of any carrier with compensation under section 11123, thus overruling our Atchison decision.*fn11 P.L. 96-448, Title II, § 226, 94 Stat. 1930 (Oct. 14, 1980).
We affirm the Commission's exercise of its power to set compensation here.
We now review the merits of the ICC's compensation orders. The Commission's actions under section 11125 are exempted from the rulemaking procedures of both the Administrative Procedure Act, 5 U.S.C. §§ 551-559, and the Interstate Commerce Act, 49 U.S.C. §§ 10321-10330; 49 U.S.C. § 11125(a); see n.5, supra. Accordingly, its orders are not governed by the "substantial evidence on the record" test. 5 U.S.C. § 706(2)(E). The Commission's orders must be upheld if they were not arbitrary, capricious, or an abuse of discretion. 5 U.S.C. § 706(2)(A); Camp v. Pitts, 411 U.S. 138, 140-41, 93 S. Ct. 1241, 1243, 36 L. Ed. 2d 106 (1973); Bowman Trans., Inc. v. Arkansas-Best Freight System, 419 U.S. 281, 285-86, 95 S. Ct. 438, 441-42, 42 L. Ed. 2d 447 (1974). In determining whether the Commission's actions were arbitrary or capricious, the court
must consider whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment; the court is not empowered to substitute its judgment for that of the agency.
In re Penn Central Transportation Co., 440 F. Supp. 569, 575 (E.D.Pa.1977).
SSW objects that the Commission ignored its previous decisions in ordering compensation, citing the ICC's orders for subsidized service on the Rock Island lines under section 11125. Implementation of Public Law 93-236, Section 601(e), Regional Rail Reorganization Act of 1973 Submission of Cost Data to Justify Reimbursement, 348 I.C.C. 251 (1975) (hereinafter "Cost Data"); Kansas City Terminal Railway Co., Directed Service Order No. 1398, 360 I.C.C. 389 (1979). It also cites one order for unsubsidized service. Directed Service Order No. 1462 (March 28, 1980) (hereinafter "Multi-Carrier").
In the Cost Data order, the Commission ruled that no compensation was due for mandatory subsidized service over a line where costs exceeded revenues. The Commission considered the costs and benefits of directed service to both the directed and the defaulting carrier. The benefits to the defaulting carrier included: fulfillment by another railroad of its common carrier obligations, avoidance of further operating losses, maintenance of its property, and satisfaction of its employee obligations. In comparison, the burdens on the defaulting carrier were small. Because of its common carrier obligations, the defaulting carrier would be unable to convert its railroad property to any other use. Any loss from directed service would be minimal since the property would otherwise lie idle.
The benefits to the directed carrier, according to the ICC, were small. The Commission stated:
Under a mandatory order, the directed carrier conducts operations not because of any perceived benefits, but because it is required to do so. Because these operations are not discretionary, we have no basis for concluding that a directed carrier will receive any benefit, other than profits from operations, if any, from performing the directed service.
St. Louis Southwestern Railway Co., Supp. Order No. 2, Directed Service Order No. 1453, 363 I.C.C. 252, 256 (1980) (hereinafter "SSW Commission Appeal").
Finally, the payment of rent would provide revenue to the defaulting carrier which it would not have received if it had continued operating. The Commission reasoned that Congress could not have "desired to provide a monetary incentive for the unlawful abandonment of rail service. Rewarding a railroad for avoiding (its) legal obligation would be contrary to public policy." Cost Data, 348 I.C.C. at 265; see Lehigh, 540 F.2d at 81.
The benefits and burdens shifted, the Commission held, only if the directed carrier realized a profit in its operations. "Profitable directed operations clearly benefit, rather than burden, the carrier." SSW Commission Appeal, 363 I.C.C. at 256. The Commission concluded, nevertheless, that profitable operations should result in only "minimal" compensation because the benefits to the defaulting carrier were still great. Cost Data, 348 I.C.C. at 266. Since the defaulting carrier probably would have operated the line at a loss, compensation should not be based on the directed carrier's profits. Rather, rent should be based on the loss in value of the line to the defaulting carrier if it had operated the line. That loss was measured by the amount of normalized depreciation on the net book value of the property used during directed service. Further, the ICC ruled that the directed carrier could offset the rent by amounts it expended which benefited the defaulting carrier.
The Cost Data ruling was applied to mandatory subsidized directed service over the entire Rock Island system, provided by the Kansas City Terminal Railway Company. Kansas City Terminal Railway Co. ("KCT "), Directed Service Order No. 1398, 360 I.C.C. 289 (1979).
SSW argues that the ICC should have followed the Cost Data and KCT orders here. We disagree. Our review of the orders here convinces us that the ICC correctly distinguished between "mandatory" subsidized service and "permissive" unsubsidized service.
The elimination of mandatory service, the Commission found, shifted the balance of benefits and burdens between the directed and defaulting carriers. "A mandatory order imposes a burden on the directed carrier," the Commission ruled, "a permissive order confers a right on the interim operator." SSW Commission Appeal, 363 I.C.C. at 256. We agree that the distinction is more than semantic.
Under a permissive order ... the conducting of interim operations is within the managerial discretion of the authorized carrier. Therefore, the exercise of the rights conferred in the permissive order implies that the interim operator anticipates receiving net benefits from conducting the authorized operations. The election to conduct interim operations may be based on considerations other than an expectation of direct profits. For example, the Rock Island is being liquidated and interim operations provide potential purchasers with valuable operating experience which helps them assess the traffic and profit potentials of the lines. These benefits are not readily quantifiable and do not necessarily have a direct relationship to profits from interim operations. Because the operations are presumably beneficial to the interim operator, compensation should be paid for use of the lines. Further, because the nature of benefits derived from permissive interim operations differs from the possible benefits derived from mandatory directed operations, the principles for determining compensation under mandatory orders are not necessarily applicable to unsubsidized, permissive orders.
SSW Commission Appeal, 336 I.C.C. at 256. These benefits must have been evident to SSW, as it offered to pay $57 million to buy the Tucumcari line. The Commission gave adequate reasons for departing from its prior precedent. Chicago & Northwestern Transp. Co. v. United States, 582 F.2d 1043, 1060 (7th Cir. 1978); Greyhound Corp. v. I.C.C., 179 U.S. App. D.C. 228, 551 F.2d 414 (D.C.Cir.1977).
SSW also cites the Multi-Carrier order, which ordered unsubsidized service over other Rock Island lines for the same time period as here. Various Railroads-Directed Service ("Multi-Carrier "). Directed Service Order No. 1462 (March 28, 1980). That order also reserved the Commission's power to set compensation in the absence of agreement. The order stated that the ICC would be guided by certain "general principles" if called upon to set rent. Specifically, the ICC said that it did not expect any rent to exceed one-half of the net revenue derived from operation of any line.
The Multi-Carrier order stands alone among the voluntary, unsubsidized orders under section 11125 in not providing for guaranteed rent. The FCC followed Frisco in setting compensation for three lines. In contrast, the ICC never set compensation under Multi-Carrier. Accordingly, the ICC never had occasion to determine how it would apply its "general principles." Finally, the ICC adequately explained why it believed base rentals to be due, thereby fulfilling its obligation to explain its differences with the "general principles" of Multi-Carrier. Pre-Fab Transit Co. v. United States, 595 F.2d 384, 387 (7th Cir. 1979). We hesitate to overturn these orders based on one, never-applied, precedent.
Both SSW and the Trustee attack the actual amount of the rental. As expected, SSW says it is too high, the Trustee, too low. We reject both contentions.
Before the ICC, SSW proposed that it pay no compensation whatsoever to the Rock Island because it expected not to make a profit on the lines. The Trustee replied that the Rock Island should receive an annual rental of 14.4 percent of the value of the property. The Trustee said the value of the property should equal the gross salvage value or going concern value of the property, whichever was greater. It further defined going concern value as equal to the gross revenues generated by the property. The Trustee valued the Memphis-Fordyce line at $19.5 million and the Tucumcari line at $57 million, the contract price for its sale to SSW. The Trustee's formula would have resulted in a yearly rental of about $200,000 per route mile.
The Trustee proposed the same terms for the RTA. The RTA argued it also should pay no rent. It contended that, as a public authority, neither it nor its supporting taxpayers should be burdened with the additional cost of rent for running the unprofitable commuter operation.
Frisco, for its part, offered to pay yearly rent of 10 percent of the depreciated book value of the track it was to use. The Trustee countered with the same proposal it made the SSW and the RTA.
The Commission responded that Frisco's "depreciated book value" offer understated the current fair rental value of property. The Trustee's method of determining the going concern value of the property, on the other hand, "greatly overstate(d) the fair rental value of the property." The Commission held that "fair rental value ... should be determined on the basis of net revenues produced by the property, not gross revenues," so as not to reward the Rock Island for not operating. 363 I.C.C. at 249. Further, the Commission ruled that Frisco's proposed rate of return of 10% was below currently prevailing rates on such investments as government notes and bank certificates. The Commission said the Trustee's proposed return of 14.4 percent per year was reasonable.
The Commission then proposed a two-part formula with a base rental assessed on route-miles, supplemented by a share of net revenues (profits), if any, derived by the carrier from its operations over the Rock Island tracks. The purpose of the base rental was to assure the Trustee of some payment for the use of the Rock Island property. Participation in net revenues would give the Trustee a return on the value of the property. Id. at 248-50.
The Commission set a base rental of $1,250 per route-mile per year. This figure reflected the median between the compensation voluntarily agreed to by the parties in two "former track rental agreements." At one extreme, where sale of the line had been agreed upon, the parties had not provided for rent during pretransfer operations but rather had imposed upon the using carrier the obligations of maintenance and security of the property involved. At the other extreme, a case where interim operations would never lead to a purchase, the compensation was $2,475 per route-mile per year. The Commission stated that the proposed arrangement between Frisco and Rock Island, temporary use without a purchase agreement, but which might ultimately lead to a purchase agreement, was an "intermediate situation." Therefore, the approximate mid-point of $1,250 per route-mile per year was chosen. Id. at 250.
For the second part of the formula, the Commission accepted the Trustee's figure of 14.4 percent as his appropriate share of any net revenues that might be generated by Frisco's operations. Net revenues would be calculated in accordance with the Commission's abandonment regulations, with appropriate adjustments. Id.
The Commission indicated that this two-part formula was an "interim resolution based on the best information available to us," which was required
because of the need to establish some level of compensation so that service will be commenced ... (O)ur conclusions here are not etched in stone. We will entertain petitions and are ready to reconsider this matter if anyone offers a better idea.
Id. at 251.
The Commission applied the Frisco formula to the RTA and Memphis-Fordyce lines, explaining that they also "involved the use of facilities for which a sale agreement had not been reached." Supp. Order No. 2, Directed Service Order No. 1437 at 3; Supp. Order No. 2, Directed Service Order Nos. 1453 and 1456 at 6.
The Commission's rejection of the Trustee's proposal was not arbitrary. The Trustee based his formula on the market value or fair rental value of the property. But, as Frisco points out, there was no "market" for these properties. Further, the data RI submitted was obviously incomplete; some of the leases it submitted as examples covered very high traffic areas.
The orders here were issued under admittedly hurried conditions. SSW and the Trustee argue nevertheless that the Commission's formula was arbitrary because it did not take into consideration the circumstances of each line. But the ICC was entitled to find a formula which it would apply to several carriers. See, e. g., Chicago & Northwestern Rwy. Co. v. Atchison, Topeka & Santa Fe Rwy. Co., 387 U.S. 326, 340-42, 87 S. Ct. 1585, 1593-94, 18 L. Ed. 2d 803 (1967) (Commission entitled to make findings on a group basis for rate divisions). The ICC could properly conclude that compensation for this two month period should not be tied to the circumstances of each line. If it were, the almost-certain long delay before the ICC might have doomed directed service before it began. Id. at 342, 87 S. Ct. at 1594. Frisco, for one, stated it would not begin directed service until it had a definite answer on the amount of compensation. Application of St. Louis-San Francisco Railway Company to Perform Temporary Emergency Operation over Various Lines of the Chicago, Rock Island and Pacific Railroad Company (March 11, 1980) at 4-5. Accordingly, it was no abuse of discretion for the agency to refer to two "sample" leases in setting out the base rental.
The pressured circumstances under which the ICC made its decisions were aggravated by the parties' conduct. Every party here was under a duty to assist the ICC in making its decisions. Nevertheless, neither SSW nor Rock Island behaved in a reasonable manner. On notice since at least March 6, 1980*fn12 that it would be expected to pay some rent to Rock Island, SSW stubbornly refused to offer to pay anything at all. And Rock Island, its proposed formula rejected once, continued to press for the same formula again and again. Both parties sought reconsideration of the ICC's decisions, but argued only for the same positions. Poised at such extremes, the parties were in a position to attack any decision the ICC made as arbitrary and unsupported. Perhaps this is considered a good position under popular legal games-playing theory, but we think it is irresponsible.
The attitudes of SSW and RI have not improved before this court. Reading the parties' briefs and reviewing the record, we are not surprised that the Commission viewed itself as an arbitrator between competing interests. Setting a price between Scrooge and Shylock would require no less.
In saying this, we do not mean to endorse the Commission's approach. Compare National R.R. Passenger Corp. v. I.C.C., 197 U.S. App. D.C. 346, 610 F.2d 865, 879 (D.C.Cir.1979); National R.R. Passenger Corp. v. I.C.C., 197 U.S. App. D.C. 362, 610 F.2d 881, 886 (D.C.Cir.1979). The ICC is not an arbitrator. The Commission's willingness to characterize itself as one only encourages the parties to take unreasonable positions. We hold only that, under the circumstances, the ICC acted within its proper authority in formulating the Frisco, RTA, and Memphis-Fordyce compensation orders.
SSW also attacks the Tucumcari formula as arbitrary and irrational. The Commission found the Frisco rationale and formula inappropriate for determining compensation for the Tucumcari line since the parties had entered into an agreement setting a value on the line $57 million. "(W)e believe an appropriate rental should provide the Trustee with a reasonable return on the agreed value of the property," the Commission held. Supp. Order No. 2, Directed Service Order Nos. 1453 and 1456 (April 25, 1980) at 8. The Trustee proposed a rate of return of 14.4 percent per year on the value on the line. The Commission commented:
That rate of return is reasonable in today's financial markets for conservatively invested liquid assets. The Tucumcari line, however, is not a liquid asset. It is commercial rail property subject to sale agreement. Therefore, it is not readily disposable for cash. We believe that the rate of return on the value of the line should be lower than that for liquid assets.
The Commission noted that there had been great fluctuations in recent rates of return. The Commission then proposed a formula which would take into account both the illiquid nature of the asset involved and the volatile nature of current rates of return:
Considering these factors, we conclude that a reasonable return on the value of the Tucumcari Line should be set at a rate of 2 percentage points below the average yield ... of marketable securities of The United States Government having a duration of 90 days.
Id. at 8-9 (footnote omitted).
The Commission also recognized that SSW would be expending substantial sums to maintain the Tucumcari line. The sales contract imposed a duty on SSW, however, to preserve the value of the line pending its transfer. Weighing these factors, the Commission permitted SSW to credit the sums expended by it during these temporary operations for maintenance and security of the line against the rental payments, but limited the credit to no more than 50 percent of the total rent. SSW Commission Appeal, 363 I.C.C. at 261.
The Commission's order concerning the Tucumcari line was also not arbitrary and capricious. The ICC's decision took into account the value of the line, a reasonable rate of return to Rock Island, and the amount of SSW's expenditures for upkeep of the line. The ICC thus took into consideration all the relevant factors and the benefits and burdens on each party. Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402 at 416, 91 S. Ct. 814 at 823, 28 L. Ed. 2d 136.
SSW argues no base rental is appropriate because it is assuming Rock Island's public service obligations and because the Rock Island benefits from directed service. In ruling that compensation should be paid when unsubsidized service is provided, the Commission weighed the benefits to and burdens on the respective parties. SSW's argument is addressed to the proper weight of the benefits and the burdens, a task properly left to the ICC. Citizens to Preserve Overton Park v. Volpe, 401 U.S. at 416.
Because of the narrow scope of our review, we need not discuss the other details of the parties' objections. Our review shows that the ICC gave reasonable explanations for its decisions. The line it drew was obviously a close one. We cannot say that the resulting formulas were arbitrary, even if other formulas would also be reasonable.*fn13
The orders appealed from are
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Recently I was tasked with restoring a couple of old cast iron garden benches and two cast iron garden chairs. All of the items had spent years in the outdoors and the wood had begun to weaken and rot. You could not sit in any of them without cracking the wood.
Restoring Castiron Chairs
I decided to start with the two chairs which were in pieces. If you start a project like this and
I needed several new 1 x 3's at a length of 4 ft. That type of wood is only sold in 8 ft lengths so that worked out perfectly.
Unfortunately, wood of this size cannot be easily purchased as pressure treated. I knew it could be ordered, but I did not want to wait. I could have used a wood like cedar, but I opted for the cheapest option which was regular wood. Once it was completed, I would stain and seal it from the elements.
Since most of the hardware on the cast iron pieces were beyond repair or rusted in place, I needed some stainless steel 1 ½ inch bolts, with corresponding stainless steel nuts and washers to secure the slat boards in place.
After, a quick trip to Lowe's, I purchased enough hardware to do all four pieces of garden furniture, along with 15 pieces of 8 ft, 1x3 standard wood boards.
The only tools that would be needed for this project were a Phillips head screw driver, two pairs of vice grips, a power drill and bit and a circular saw. The pieces of wood are so thin that you can get by with a hand saw, but your cuts will be straighter if you use a power saw.
I had everything I needed and it was time to get to work.
The two chairs went relatively quickly and only involved a couple of intricate cuts for the cast iron backing. However, I made quick work of them and had them completed in about 2 hours and ready to stain.
I was able to use the original hardware on one of the chairs. However, the second chair needed new nuts and bolts. After I stained them, they looked good as new.
Amazon Price: $189.00 $99.00 Buy Now
(price as of Oct 5, 2015)
Restoring a Garden Bench
I did not start to disassemble each bench until I begin to work on that particular one, and I suggest you do the same if you have multiple pieces to rebuild.
When they are still assembled, it is easier to remove a slat one at a time and measure it and
For instance, if you pull off one slat, cut a replacement from new wood, then drill out the bolt holes, do not use that new piece of wood to make the additional slats. The bolt holes are likely to be off.
I begin my project with one of the garden benches. Disassembling these old benches turned out to be time consuming because the nuts were rusted on the bolts. The Phillips heads on the bolts were already stripped, so the only way to remove nuts in this situation is to lock vice grips on the nut and another pair of vice grips on the head of the bolt and turn it. All of the nuts eventually came loose using this method.
The first garden bench I worked on did not have a molded cast iron backing so it was much easier to rebuild. There were five four foot slats across the seating area, and three 4 foot slats across the back. Cutting my 8 foot 1x3's in half was not a problem.
However, the next issue was locating the correct place in each slat to drill ¼ inch hole for the bolts.
I removed the three rotted back pieces and laid them in order on the ground so I would know which one was the top, middle and bottom slat. I then took the top rotted slat and laid it on the new cut slat and made a mark through the bolt hole with my screwdriver into the new wood. I did that on each side while the old piece was on top of the new piece. Then I removed the old piece of wood, and drilled it through. I replaced each back slat one at a time using this same method.
The other reason why you want to leave all of the old boards in place is that if you remove them all at once, the two cast iron side pieces will fall to the ground. Leaving them standing makes it much easier to work with.
After that, it was simply a matter of threading the bolts and securing them with washers and nuts. The washers are critical because the cast iron bolt hole are close to being the same size as the nuts. Without the washers, they once side of the nut would slip through the hole as you tightened it into place.
I had one last bench to rebuild and it was a little more tricky because it had a cast iron insert for the backing along with a curved piece of wood on the top of the back.
Amazon Price: $97.64 $49.98 Buy Now
(price as of Oct 5, 2015)
Second Cast Iron Bench
I started out by completely removing the back and working on it first. As you can see in the shot below, some of the nuts were stubborn once again, so I had to pry them off with two sets of vice grips. Once I got one side off, I simply twisted the slat to break the other end off.
The top piece was a bit tricky. As I mentioned, it was originally a curved piece of wood that hugged the top of the cast iron. However, I did not have the original piece of wood to draw a template of it on a larger piece of new wood to cut it out. So I had to improvise.
I cut two pieces that met in the middle and mitered the ends so they fit together. There was no way I could have them hug the cast iron, but that was the best it was going to get. I secured them in place with screws in the back and bolts through the front.
Amazon Price: $52.31 $29.16 Buy Now
(price as of Oct 5, 2015)
Restoring a Cast Iron Bench
Removing Rust from Cast Iron
There was no rust on the cast iron ends of any of the furniture I rebuilt so this step was not necessary in my situation.
However, if you want to clean any rust off of the ends, you can use an angle grinder or simply a steel brush to scrub it free.
A great natural way to remove rust is to sprinkle some salt on the rusted areas, then add lime juice over the salt until it is soaked. Leave it alone for 3 – 4 hours, then scrub it lightly with a steel brush to remove residue.
These rebuilds turned out great. I refurbished two chairs and two garden benches for about $35 total. Keep in mind that a similar garden bench purchased at a place like Lowe's or Home Depot is about $149.
So if you have any of these old rotting cast iron benches in your yard, they can be rebuilt with relatively little time and effort, and almost no money.
Amazon Price: $3.84 $2.76 Buy Now
(price as of Oct 5, 2015)

subset: commoncrawl


text:
Please upgrade your browser for the best Refinery29 experience. Read more.
You have chosen to receive our #NAMED_LISTS# newsletters at #EMAIL_ADDRESS#. You will receive an e-mail shortly confirming your subscription. So excited to have you!
xoxo, Refinery 29
Get the Refinery29 Newsletter
Thanks for signing up!
Lexy Lebsack
Dec 7, 2016
Rachel Krause
Dec 6, 2016
Ariana Grande has a thing for sweets. How do we know? For one, her latest fragrance, Sweet Like Candy, smells like a vanilla-berry-marshmallow dessert. (...
Kelsey Castañon
Nov 17, 2016
Erika Stalder
Alyssa Hertzig
Phillip Picardi
Hayley Mason
Nov 30, 2016
Samantha Sasso
Finally, if you simply can't find a foundation that's light enough (or if you find one with a great formula but not-so-great shade range), you can easily tweak it to your liking by adding some MAC Face And Body Foundation in White. It is literally pure white, so by mixing this with a too-dark foundation, truly pale girls ...
Kelly Dougher


text:
Discover a selection of top forums wheel dwarf-lords on the internet. Come to share your passion on forums wheel dwarf-lords and meet other fans of wheel dwarf-lords. Then, why don't you create your own forum of wheel dwarf-lords ?
Sell/Buy/Trade Wheels
wheels, wheelswap, sell, trade, forum, #wheel, swap, swapwheels, rims, forums, tires
Free forum : Autobahn Performance Employees now have a dedicated area for online work scheduling on the fly. As an additional bonus you can check in as needed for all updates.
autobahn, performance, employees, dedicated, area, online, work, scheduling, additional, bonus, check, employee, #wheel, wheels, rims, tire, tires, auto, automotive, motivated, experience, fast, appointment
An automobile club for the enthusiast who enjoys the last of the big GM cars. The rear wheel drive B and D bodys.
b-body, badass, england, caprice, roadmaster, fleetwood, cars, rear, #wheel, drive, d-body
Yuma, Arizona's definitive home for 4X4 enthusiasts!
yuma, arizona, club, offroad, trails, rock, crawling, road, offroading, toyota, jeep, jeepin, jeepers, nissan, samurai, sidexside, side
This is Where DopeHeads...Textcee lords and ninjas battle for honour...reward...and above all Penmanship
dopeheadz, dopeheads, textcee, lords, ninjas, battle, honour, reward, penmanship
Titan's Heart, 12 Lords, Finding Blood Diamond, Disputing Daemon Pearl, Lisc World and more... a fantasy series written by Luke Skywalker in a magical world
finding, blood, diamond, luke, skywalker's, titan's, heart, lords, disputing, daemon, pearl, lisc, world, fantasy, series, written, skywalker
Hello friends this is where we will wheel and deal.
We're crowd sourcing online musical performances of The Media Lords, a dark comedic pop opera. If you want to help us do that, you can discuss it here.
media, lords, opera, we're, crowd, sourcing, online, musical, performances, dark, comedic, discuss
The Doctor Who Chronicles - Everything Doctor Who!
david, tennant, doctor, tardis, chasers, time, lords, gallifrey, matt, smith, rose, tyler
WoT; Destiny is a system-driven role playing community revolving around the fictitious world created in the late Robert Jordan's best-selling series- the Wheel of Time.
free, forum, #wheel, time, roleplay, robert, jordan, :h3artl3ss, pr0ducti0ns:
A forum to communicate with other all wheel drive vehicle owners and car enthusiasts in the city and surrounding cities of El Paso. Centered around All Wheel Drive vehicles but not limited to just all wheel drive vehicles, we invite anybody with a tr
paso, epawd, subaru, #wheel, drive, evolution, audi, turbo, supercharged, enthusiast, cruise, race
This forum is meant to supplement Card Lords chat in a more in-depth, permanent-ish, and searchable way.
card, lords, discussion, meant, supplement, chat, in-depth, permanent-ish, searchable
Online Open Wheel racing series. Currently hosting a league on Project Carso for Playstation 4.
polyphony, indycar, series, online, open, #wheel, racing, hosting, league, project, carso, playstation
The forum version of the Facebook page "Front Wheel Drive Racing Tech-Questions-Tips"
#wheel, drive, racing, tech-questions, version, facebook, "front
Finish Line Racing (FLR) is a Global Racing Community for the Forza Motorsport Series, Formula One Series, and other racing games! Anyone and Everyone is welcome! Get in the seat, grab the wheel, and put your feet on the pedals, because this will be
forza, motorsport, global, racing, cars, trucks, finish, line, formula, 2011, 2012, project, lone
A clan forum on the full Fusion Lords clan. Rebels from Fuse's army, we rise up against the Hirearch! (We play FusionFall Legacy)
fusion, lords, official, website/forums, clan, rebels, fuse's, army, rise, hirearch!, play, fusionfall, legacy)
Lords of Albion Alliance
Talking and learning about Jeeps and places to wheel and buy products for cheap
jeepin, nation, talking, learning, jeeps, places, #wheel, products, cheap


text:
Everything must go moving sale. Several vintage furniture pieces such as tiger oak dresser, wash.... → Read More
Indoor Moving Sale, 8 a.m.-noon, Saturday, Dec. 10th. NO EARLY BIRDS. Available: Kenmore washer.... → Read More
One day only. Thursday Dec 8th. All kinds of things! Some tools,household items, odds and ends! Priced to go!… → Read More
YardSales.net is the fastest growing yard sale site, with 57 sale photos and 8 garage sales in Lowell, Arkansas. YardSales.net offers you the best list of Lowell yard sales every week.


text:
This teen is good in bed and she looks so damn hot in cowgirl position
She seems like a good chick and she knows how to give good head
Tags: blondes blowjobs couple cute fishnet girlfriend hardcore
This chocolate fatty has a fat ass and she looks hot in cowgirl position
Tags: ass bbw big cock big tits black black butt blowjobs
This blonde is undeniably appealing and she looks hot in cowgirl position
Tags: babes big cock blondes blowjobs cowgirl cute hardcore
This cutie is hot and she looks really scrumptious in reverse cowgirl position
Tags: brunettes cowgirl cute girlfriend hardcore licking pussy
This coed is outrageously hot and she looks great in reverse cowgirl position
Tags: beauty brunettes coed cowgirl cute hardcore riding
Addison Lee is a total knockout and she looks great in cowgirl position
Tags: beauty blondes blowjobs cowgirl hardcore pov teens
This busty babe looks totally hot and she loves reverse cowgirl position
Tags: babes big tits brunettes busty cowgirl fake tits hardcore
Miyu certainly likes her vibrator and she looks good in 69 position
Tags: 69 asian beauty cute fingering hairy japanese
This neat hoe in hot lingerie looks like a ghost and she blows like a pro
Tags: beauty blowjobs cute deep throat lingerie stockings
Kinkalicious slut is not new to sex and she looks good in every position
Tags: asian blowjobs cowgirl doggy girlfriend hardcore missionary
Sexy Casey Calvert loves being on top and she looks good in 69 position
Tags: 69 babes beauty blowjobs brunettes busty cowgirl
Jasmine Jae is not like the other chicks and she fucks as good as she looks
Tags: babes beauty big tits blowjobs brunettes busty hardcore
This ebony nympho has got a donk and she looks hot in doggy position
Tags: beauty cute doggy ebony hardcore nympho
Chloe Lane looks like the perfect girl and she is good in bed
Tags: beauty blondes cowgirl hardcore pov riding
Sage Evans loves to ride a dick and she looks extremely hot in 69 position
Tags: 69 beauty blowjobs cowgirl cute dick hardcore
Mia Gold looks like a good girl, but our questions bring some interesting facts to light. For instance, she is a passionate cock worshipper. She often
Tags: bdsm blindfolded bound brunettes chained dungeon humiliation
This brunette looks like Greek goddess and she loves a good hard fuck
Tags: beauty brunettes cute doggy greek hardcore teens
She seems like a good obedient GF who is always ready to fuck
Tags: amateur blowjobs brunettes cumshots doggy girlfriend hardcore
She is hot and naughty and she knows how to ride a dick like a true cowgirl
Tags: amateur blowjobs brunettes couple cowgirl dick girlfriend
This donkalicious sexpot has a good hip control and she loves cowgirl position
Tags: ass big cock big tits black black butt booty busty
Ruby Red looks hot in her bodysuit and she blows like a pro
Tags: beauty blowjobs deep throat outdoor redheads
Miss Webb looks hot in her sexy attire and she blows like a pro
Tags: beauty black cute ebony hardcore missionary teens
Tina Kay looks hot in her skimpy bikini and she blows like a pro
Tags: beauty bikini blowjobs brunettes cute deep throat outdoor
TrafficHolder.com - Buy and Sell Adult Traffic|Trafficshop.com - Let your business grow|Contact Us|Webmaster
All content, including images, text, graphics, video and audio content contained in the website is protected under the laws of copyright, owned or under license to company or its designees,and represents proprietary and valuable intellectual property.
Contact Webmaster 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement
Powered by Stream Rotator


text:
Check in from 2:00 PM / Check out prior to 11:00 AM
Karakas Apart Hotel Marmaris: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Marmaris, Turkey.
This Marmaris property is set just a few steps from Marmaris Thursday Market. It is ideally positioned for those wanting to sightsee in the area.
Hotel description
There are a range of amenities available to guests of Karakas Apart Hotel Marmaris, such as a currency exchange and a lift.
Karakas Apart Hotel Marmaris houses a restaurant and a bar where guests are able to unwind at the end of the day with dinner and a drink. A wide choice of eating options can also be found nearby.
Local attractions close to the property include Sultan Hamam, the Marmaris Castle and Marmaris Grand Bazaar. Icmeler and Hisaronu are also a short drive away.
Hotel features
Elevator / Lift, Currency Exchange
Availability and Prices
Booking Site
Room Type
Per room
Per night
Per night
Users who viewed Karakas Apart Hotel Marmaris also viewed these 3 stars Marmaris hotels:
Izethan Marmaris
Abdi Ipekci Cad No 71 75 Mugla - Icmeler, Marmaris
Abdi Ipekci Cad No 71 75 Mugla - Icmeler, Marmaris
Club Dante Apartments Marmaris
148. Cadde No: 12 , Marmaris
148. Cadde No: 12 , Marmaris
Club Turkuaz
MARMARIS - Icmeler, Marmaris
MARMARIS - Icmeler, Marmaris
Search hotels
based on
20 reviews
Nearest hotels
- Isla Apartments
0 miles
- Blue Riviera Apart
0.1 miles
- Villa Dream Apartments
0.1 miles


text:
|Property type
This farmhouse is peacefully located in the village of Fring, just 6 miles from Hunstanton on the North Norfolk coastline.. Situated just 6 miles from Hunstanton on the North Norfolk coastline with its beautiful sandy beaches and a wealth of nature and bird reserves, this superb detached farmhouse is peacefully located in the village of Fring. Set in its own grounds with the benefit of an outdoor swimming pool and tennis court as well as a large enclosed garden, White House Farm offers character and comfort. Furnished to offer superb holiday accommodation with views across the fields in all directions White House Farm makes for an ideal holiday location for families and groups of friends. Burnham Market (8 miles) offers shops, butcher, baker, restaurants and inns. For nature lovers, excellent bird-watching can be enjoyed amid the nearby salt marshes and sand dunes, where good walking may also be found. Additionally, the coastal path and Pedlars Way footpath also offers further routes for walkers. For lazy days by the sea, excellent sandy beaches can be found at Brancaster, Holkham and Wells-next-the-Sea, whilst the popular seaside resorts of Heacham and Hunstanton offer many attractions for all ages. Within easy driving distance are numerous historical ruins, stately homes and gardens including Sandringham House, Houghton and Holkham Halls, Walsingham Abbey and Shrine ruins. Shop, pub and restaurant 3 miles.. Ground floor: Living room with French doors. Dining room. Kitchen with tiled floor. Second living room. Snug with sofa bed. Separate toilet. First floor: 6 bedrooms: 3 double, one (5ft) with en-suite bathroom and toilet, one with en-suite bathroom with bath and shower cubicle leading to single bedroom, one (5ft) with en-suite bathroom with Victorian roll-top bath, shower cubicle and toilet, 2 twin, one with shower room with toilet. . Oil central heating, electricity, bed linen and towels included. Cot, travel cot and high chair on request. DVD. Nintendo Wii. Electric cooker (in pantry). Oil Aga. Washing machine. Tumble dryer. Dishwasher. Fridge/freezer. Wi-fi. 1 acre garden with patio, terrace, sitting-out area and furniture. 4 acres of natural landscaped grounds. Ample parking. Cycle store. Outdoor heated swimming pool (11m x 6m, depth 1m to 2m) with changing facilites and shower room. Games room with snooker table and toilet. Tennis court. Welcome pack. No smoking. NB: 4 steps to the swimming pool
*Plus compulsory or optional charges based on actual occupancy or consumption. The payment has to be made in the currency offered by the property manager, before use of conversion tool. Payments in other currencies have to be negotiated beforehand with the property manager. The currency conversion tool is provided for your convenience only and is non-binding.


text:
"Opera on the CHEAP" Theaters and Concert Halls Tip by Assenczo
Theaters and Concert Halls, Saint Petersburg: 63 reviews and 75 photos
If for money reasons one is not in a position to sacrifice 50 bucks or so for the Mariinski, there is cheaper substitute, the Mussorgsky Theater. Here you can be exposed to more "moguchaya kuchka" kind of opera as opposed to Tchaikovsky "best hits". The price should be a fraction of what you would pay at the ?Primadona Theater? and there is a reason, the cast is not the same rate and the furnishings are rather worn out. The contact with the art in all its forms is unhindered though. Have a great night!
Address: Ploshchad Iskustv
Directions: Looking at the Russian Museum on your left.
More Reviews (4)
Off The Beaten Path (2)See All Zest for ice fishing
Warnings and Dangers (1)Prostitutes and ice cream
Restaurants (1)Non filtered BEER
Been to Saint Petersburg?Share your travels with the world!
Assenczo's Related Pages
Assenczo Used To Live Here!
"Myths Annihilated"
- Member Rank:
- 0 0 8 0 8
- Forum Rank:
- 0 2 5 0 8
- 764 Reviews
- 2,167 Photos
- Add Friend
- Follow
- Send Message
Have you been to Saint Petersburg?Share Your Travels


text:
Skip to comments.PROPOSAL: FREEREPUBLIC Prayer Meeting
Posted on 08/01/2011 9:31:59 AM PDT by US Navy Vet
PROPOSAL: FREEREPUBLIC Prayer Meeting this Friday night to Saturday Night(1700 Friday until 1700 Saturday).
ALSO pray for forgiveness of out sins(WE ALL ARE GUILTY OF THE SIN OF PRIDE)!
Friday evening to Saturday evening - the Old Testament Hebrew Sabbath
Please ping me.
Our minister said on Sunday, when we watch the news (and its depressing), we need to pray for the news.
Jane and I are in.
YES! I'm in.
12 The wicked plot against the righteous
and gnash their teeth at them;
13 but the Lord laughs at the wicked,
for he knows their day is coming.
14 The wicked draw the sword
and bend the bow to bring down the poor and needy,
to slay those whose ways are upright.
15 But their swords will pierce their own hearts,
and their bows will be broken.
16 Better the little that the righteous have
than the wealth of many wicked;
17 for the power of the wicked will be broken,
but the LORD upholds the righteous.
Half of what they say isn't news. News is something that has already happened. They are prophesying what they will happen. You won't find me praying for what comes out of their mouth. One advantage - I don't listen/watch to TV - I come here.
I'm with you pnsn, for the exeption of EWTN, most of what is on t.v. is pure trash, and the news always makes me angry and depressed, so I basically walked away from most major network programs.
Good riddance to bad rubbish.
Also, I'm in, but then, i'm always praying for our nation.
That's a wonderful idea NV and falls right into the timetable of 'The Response' which is taking place on Saturday, August 06 at Relient stadium in Texas. I'm posting the link here if anyone wishes to participate. I'm not going but all this week is dedicated to praying and preparing for this day.
: http://theresponseusa.com/faq.php
WOW I didn't know that.
'God' is speaking to us NV. He IS moving and He laid it on your heart and on many other's hearts to pray AT THIS TIME.
Bless you for this posting and request.
Go to the link (I see I inadvertently included a colon before the address; make sure that's removed). If you sign up, even if you can't physically go, you will get emails this week pertaining to prayer. Today's scripture/reading is Joel 1 & 2.
Not a Catholic, but I'm joining you in prayer offline.
Ping. I'll pray.
Please put me on your list.
Please put me on your list.
I'm in, but I might have to be offline.
Alerting you to this prayer vigil thread proposal.
I'm in. Please ping me.
Thank you for the ping
* Half of what they say isnt news. ... *
Don't disagree with you. Much (most?) is propaganda. But it can be a prompt to pray, especially since only God know the entire truth.
BTW - I do listen to FOX news and get different sides.
I am in
I'm with you. Every day.
Thank you; I'm in...Our country desperately in need of prayers.
Ping me. I'm in
Great idea. I will be praying the rosary.
Sounds reasonable and Biblical, to me.
I'm in. Is that local time or one particular time zone?
A local Baptist church whose radio I sometimes listen to is recommending prayer and fasting on Saturday.
Welcome to Free Republic!!
Thanks, Maria! I'm another of those ten-year lurkers. Decided a couple of weeks ago to join and was trying to figure out a name that would hint I'm a Tolkien fan. So now I have a name that screams "Newbie!" lol
I'm in. Is this private prayers or will we have a thread going?
Ten year lurker? How is that possible? Welcome to FR.
Matthew 6:6 But thou, when thou prayest, enter into thy closet, and when thou hast shut thy door, pray to thy Father which is in secret; and thy Father which seeth in secret shall reward thee openly.
Good. I do that every day anyway.
There is nothing wrong with collective prayer.
Thanks, WVNan.
How could I be a ten-year lurker? Just slow, I guess. 8-)
I'm in, but won't be where I can post to the thread.
AND our Jewish Brothers are MORE than welcome(actually encouraged!!!) to participate after all we did get the Beleif systems from them!!!
I'm in. Wish I could be there.
Joel Rosenberg's e-mail just arrived in my e-mail today about this as well.... Sat etc. so I am in.
Lord God,
We come asking that you get the word out to your people to come together on behalf of our nation, it's people, and it's churches Lord. We hear you Lord....and may many others as you move across our land.
....Move your spirit once again Lord....and may we all bow before you that a work might be done in each, that we will once again see your name proclaimed throughout our land and in our government...as one nation under God.
In Jesus Name...Amen.
Live Stream http://theresponseusa.com/
I'm in.
Wonderful idea, US Navy Vet. <><
Is 1700 to 1700 eastern?
I love the idea that we are all at one time in prayer.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.


text:
Superb Spirit Rune icon.png
12,580pages onAdd New Page
this wiki
this wiki
Ad blocker interference detected!
Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers
Wikia is not accessible if you've made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.
Superb_Spirit_Rune_icon.png (90 × 95 pixels, file size: 15 KB, MIME type: image/png)
Licensing Edit
| This image was taken from the Dragon Age series of video games or from websites created and owned by BioWare, the copyright of which is held by BioWare. All trademarks and registered trademarks present in the image are proprietary to BioWare, the inclusion of which implies no affiliation with Wikia or the Dragon Age Wiki. The use of images to illustrate articles concerning the subject of the images in question is believed to fall under the fair use clause of the United States copyright law and/or the fair dealing clause of Canadian copyright law. Such display does not significantly impede the right of the copyright holder to sell the copyrighted material, is not being used to generate profit in this context, and presents ideas that cannot be exhibited otherwise.
Appears on these pages
Runes (Inquisition)
In Dragon Age: Inquisition, runes can be applied to weapons that possess a rune slot to improve...
Superb Spirit Rune
Superb Spirit Rune is a rune in Dragon Age: Inquisition. Crafted by the Inquisitor. See Superb...
Superb Spirit Rune Schematic
Superb Spirit Rune Schematic is a rune schematic in Dragon Age: Inquisition. Superb Spirit Rune...
File history
Click on a date/time to view the file as it appeared at that time.
|21:54, February 11, 2015
|Kewpies (Talk | contribs)


text:
The Land of Nod of Morton Grove, Ill., is recalling about 550 Octo-rattles.
The fabric discs on the tentacles of the octopus rattles can detach, posing a choking hazard to young children.
The firm has received five reports of the rattle's fabric discs detaching. No injuries have been reported.
This recall involves The Land of Nod's Octo-rattles, sold individually or as part of a gift bag set. The knit fabric rattles are yellow and shaped like an octopus with multi-colored felt discs sewn into the tentacles. The rattles measure about 9 inches tall, 4 inches wide and 3 inches deep and can attach to strollers or activity gyms.
"The Land of Nod," "Morton Grove, IL 60053," "951-3072461," "Made in India" and SKU number 502882 are printed on a label attached to the underside of the rattle.
The rattles, manufactured in India, were sold exclusively at The Land of Nod stores nationwide and online from September 2015, through April 2016, for about $30 for the individual rattle and for $150 as part of a gift bag set.
What to do
Consumers should immediately take the recalled rattles away from children and contact The Land of Nod to receive a full refund.
Consumers may contact The Land of Nod at 800-933-9904 from 8:30 a. m. to 5 p.m. (CT) Monday through Friday or online at www.landofnod.com and click on Product Recalls at the bottom of the page for more information.


text:
At Dillard's, we implemented a security program to ensure that a human is trying to enter our site and not a computer. If you have any questions, please contact firstname.lastname@example.com.
If you want to pay your bill, please visit Dillards.com/payonline.
Item #04739094
(1 Review)
Click Image To Zoom
(based on 1 review)
Ratings Distribution
5 Stars
4 Stars
3 Stars
2 Stars
1 Stars
Reviewed by 1 customer
Displaying review 1
Back to top
I recommend this
By Delroy
from undisclosed
Comments about Gemma Layne Crystal Flower Collar Necklace:
I love this statement necklace..Very classy
Was this review helpful? Yes / No
- You may also flag this review
Comment on this review


text:
Rihanna Cancels "Anti" Show In Nice After Horrific Bastille Day Attack
As part of her "Anti" world tour, Rihanna was scheduled to perform in Nice, France tonight. In the wake of yesterday's terrorist attack on the southern French city, which has thus far killed 84 people and injured 202, reports The New York Times, Rihanna has cancelled tonight's show.
Charts Don't Lie: July 13
Drake spent nine weeks at #1 before being dethroned, this time around, by Blink-182, whose record California now holds the top spot. R&B superstar Maxwell debuts at the #3 spot with blackSUMMERS'night, his first record since '09. Logic debuts at #16 with Bobby Tarantino and Desiigner begins his presence on the Billboard 200 at #22 with his mixtape New English.
Rihanna, Diddy, & The Weeknd Among Forbes' Highest-Paid Celebrities Of 2016
Forbes has released its Highest-Paid Celebrities of 2016 list, comprised of the 100 celebrities who earned the most money between June 2015 and June 2016 to crack the Top 100. Taylor Swift took the #1 spot with a whopping $170 million earned. A few hip hop & luminaries made the cut as well:
Drake Shares Eulogy For Megan Flores, The Young Cancer Patient To Whom "VIEWS" Is Dedicated
Yesterday (July 10), Drake revealed that Megan Flores, the adolescent girl to whom he dedicated his latest album, VIEWS, had lost her battle with cancer. Megan, known to fellow fans as OVO Megan, considered herself to be Drake's biggest admirer, and earlier this year, the Make-A-Wish Foundation set up a meeting between Drake and Megan in the Miami hospital in which she was being treated.
Charts Don't Lie: July 6
Almost every release listed below actually moved up on Billboard 200 this past week, an impressive statistic that bodes well for the likes of Bryson Tiller and Kanye West, who both jumped up at least 15 spots over the 4th of July weekend. Without any new releases in the top spots, the list looks pretty familiar, but there were a few new records in some of the chart's higher spots. Peach Panther by RiFF RaFF debuts at #69, DJ Shadow's new LP is at #77, and Blood Orange comes in at #185, in terms of R&B and hip hop-related releases. ...
Lollapalooza Colombia Forced To Cancel After Rihanna Reportedly Pulls Out
Unfortunately, the first-ever Colombia-hosted Lollapalooza will not be taking place this year, as the surprise headliner, reported to be Rihanna, has pulled out of the gig.
The Best Hip Hop Songs (On Spotify) Of June 2016
ICYMI: HNHH recently launched a Spotify playlist called FIRE EMOJI: The Hottest Hip Hop Songs Right Now. The 40-track playlist is updated on a daily basis. It lives on Spotify and thus is inherently imperfect, because not all supa-hot hip hop songs have been added to Spotify (e.g. those recent ScHoolboy Q releases). Still, the playlist is generally representative of the best new releases in hip hop.
The Top 20 Projects Of 2016 (So Far)
In the midst of a year that was already challenging peoples' definitions of mixtapes, albums, and "free" projects, Chance The Rapper asked, "Am I the only n*gga who still cares about a mixtape?" On the surface, it made sense-- Chance is one of the few top-tier artists who've never sold a single copy of his internet-only projects-- but as his latest, Coloring Book, was released exclusively via a deal with Apple Music, both his independent claim and the definition of "mixtape" were subsequently scrutinized.
We Never Gonna Die: Kanye West & The Celebrities Of The "Famous" Video
Kanye West's "Famous" video is being hailed as a master class in the art of provocation by some and derided as "dumpster juice" by others. Inspired by "Sleep," a painting by American realist Vincent Desiderio, the video depicts a bed in which wax statues of 12 celebrities doze peacefully in the nude: George W.
Rihanna Teases "Sledgehammer" Single On Instagram
Rihanna's having a pretty phenomenal 2016, with a number 1 single and a double platinum album already under her belt halfway through the year. With that being said, things aren't slowing down just yet, as the ANTI singer has just announced a brand new single that it seems will be premiering on Monday, June 27th.
Kanye West To Debut Video For "Famous" With Live Event At The LA Forum Friday
Kanye West has been known for his unique marketing strategies over the years, whether it was projecting videos on buildings during the rollout of Yeezus or selling out MSG for a fashion show & the first listen to The Life of Pablo, Kanye has always done things outside the box. And it appears he's got something else up his sleeve this week when he premieres the "groundbreaking" video for "Famous" featuring Rihanna.
Charts Don't Lie: June 22
Drake continues his dominance as VIEWS spends its seventh week now at the #1 spot. The 6 God is showing no signs of slowing down, and even a new release from Nick Jonas and a surge from The Cast of Hamilton couldn't dethrone him, although they were enough to nudge Beyonce back a couple spots. Elsewhere, the list looks very similar to previous weeks: Rihanna sticking at the #6 spot, appearances from Kanye, Prince, Bryson Tiller, G-Eazy, and The Weeknd.
Rihanna, Lil Wayne, 2 Chainz & More To Perform At Made In America
Made In America, the festival put on by Budweiser and Jay Z, will be returning again for the fifth year in a row. Last year they upped the ante by visiting two cities-- Philadelphia and Los Angeles. This year, they're scaling it back ever so slightly and sticking to Philly as the only location. Nonetheless, even if you don't live in the area, they're making sure its well worth the trek.
Rihanna Takes Jab At Steph Curry Following Game 7
Stephen Curry and the Warriors were hearing it from everyone last night after failing to close out the series on their home court, and allowing the Cavs to recover from a 3-1 series deficit. Even Rihanna was trolling the league MVP, taking numerous jabs at Curry via instagram while lauding LeBron's greatness. Steph was not himself throughout the entire series and he came up small in the crucial Game 7, scoring just 17 points on 6/19 shooting and turning the ball over four times.
5 Biggest Dancehall Crossover Hits Of The '00s
It's no secret that dancehall has become en vogue outside of the Caribbean. The current #1 song on the Billboard Hot 100 is Drake's "One Dance." Not long ago, it was Justin Bieber's "Sorry." As dancehall riddims creep further into the core of the global pop zeitgeist, one cannot help but recall the previous wave of crossover dancehall hits that took the world by storm in the early to mid '00s.
Every Drake Single To Go Platinum
Drake's VIEWS was just certified double platinum by the RIAA after only 6 weeks of release, making it his fastest-selling album yet. While the OVO rapper's sales potential is at an all-time high, he's been racking up plaques for years now, so we're looking back to take a look at the many platinum and multi-platinum singles he's earned over the course of his career.
Rihanna Announces New Perfume "Crush"
Rihanna's locked down just about every avenue possible when it comes to marketing herself/her brand to her massive following. Recently, a lot of the focus has been on her venture with PUMA and all that entails-- namely, fluffy slides, creepers, and as of late, the "Quarry" trainer.
Rihanna's "Quarry" PUMA Fenty Trainer Hits Stores This Week
The next installment of Rihanna's PUMA collection is ready to launch and it's nothing like the beloved PUMA Creepers.
Drake, Rihanna, Kanye West Reportedly Among Most Streamed Artists This Year
We've seen some of the biggest releases of the year hosted exclusively on streaming sites, and in some new data retrieved by Hits Daily Double, it's clear that those releases have landed the respective artists among the most streamed of the year so far. Drake, Rihanna, and Kanye West are cited as the top three artists of 2016 so far, with Drake earning 1.44 billion streams, Rihanna with 795 million, and Kanye with 753 million.
Charts Don't Lie: June 8
Once again, Drake snags the #1 spot this week with VIEWS, his fourth studio album that continues to beat out the competition. Beyonce moves into #3 after an appearance at #4 last week (it should be noted that she also just went Platinum with Lemonade, alongside Future's DS2


text:
2013 Sheffield Fringe, BLOC Projects Sheffield UK, 'The Irlam House Bequest'
GHost @ Central St Martins College of Art & Design, London 'The Irlam House Bequest'
2012 Kirche St. Theodor, Koln Germany (solo)
Shanghart / Openeye Shanghai China & Liverpool (group)
15th Antimatter Film Festival Victoria BC Canada
Aesthetica Short Film Festival, York UK
2011 Walker Gallery, Liverpool 'The Irlam House Bequest' (solo)
Bluecoat Gallery, Liverpool 'Democratic Promenade' (group)
2010 Liverpool Art Prize (group) UK
Northern Art Prize (group) Leeds UK
2009 Contemporary Art Norwich EAST International 09 (group)
Northern Print Biennale, Newcastle (group)
EASTvideo, screenings at various venues across the UK (group)
Trafo Gallery, Budapest, Hungary 'EASTgoesEAST' (group)
Royal College of Art, London 'Por Convencion Ferrer' (solo)
2008 Bluecoat Gallery, Liverpool 'Next up' (group)
2005 Triskel Arts Centre, Cork Ireland 'As if in a dream dreamt by another' (solo)
The Model & Niland Arts Centre, Sligo, Ireland 'As if in a dream dreamt by another' (solo)
Galerie Gulliver, Cologne, Germany 'Allotment'
2004 Temple Bar Gallery, Dublin Ireland 'As if in a dream dreamt by another' (solo)
Awards / Residencies
2010 Northern Art Prize (shortlist), Liverpool Art Prize (winner)
2008 Allianz Arts Award, Ireland (winner)
2006 Sirius Arts Centre, Cobh Ireland. Residency
2005 Triskel Arts Centre, Cork Ireland. Residency
2003-04 Firestation Artists Studio Award Dublin Ireland


text:
Wimpole Dental
teeth whitening, Enlighten Whitening, Harley Street Teeth Whitening
Bright and white teeth always gives you a good impression. If you want to make a good impression, your blakeys or yellowes teeth must be bright and white. Teeth whitening services provided by the Wimpole Dental at Harley Street, London is the most trusted clinic for all.
Print this page
Wimpole Dental provides world class dental treatment services at affordable price.
The 6 month Smile technique is a latest technology in cosmetic dentistry to get back your strong re-arranged, white and
Cosmetic dentistry is generally used to refer a treatment after diagnose the patients. Referral treatments are improves the appearances of
Create your free Hotfrog business profile
Follow Hotfrog on:
Share on:
Hotfrog Small Business Hub


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
APPEAL from the Circuit Court of Cook County; the Hon. FRED J.
SURIA, JR., Judge, presiding.
Steven McClure was indicted for rape and armed robbery. At his trial he and the complainant, a widow with three children, agreed that they had sexual intercourse; he said it was with her consent and she said it was not. Evidence was introduced that she had a reputation as a prostitute; the jury accepted his version and acquitted him of rape. However, it found him guilty of robbing her while armed with a knife. The jury's verdict was approved at the trial court and the defendant was sentenced to the Department of Corrections for a term of 5 to 15 years.
McClure and the complainant met for the first time in a tavern on a Sunday afternoon. He sat next to her at the bar and bought her a glass of wine. She testified that he offered to sell her a case of the same wine for $10. She agreed to buy it and he left the tavern, but returned in a few minutes and said she would have to go with him and pick it up herself. He testified that she offered him a date which he assumed to be for sexual purposes. He was on his way to work and said he did not have the time. He left the tavern, walked a block or two, changed his mind and went back. He asked the complainant if her offer was still good. She said it was and that it would cost $15.
He testified that he gave her the $15 and took her up the back stairs of the three-apartment building where he lived on the third floor with his mother-in-law, wife and three-year-old son. The second floor apartment was vacant and they stopped on the landing and had intercourse. He said that she then asked for another $15; he told her she was crazy, and left.
The complainant testified that she became alarmed as they went up the stairs so she started back down, telling McClure to bring the wine down. McClure ran after her, put a knife in her side and told her he would kill her if she screamed. He forced her back to the second floor and forcibly raped her. After this he went through her purse, throwing items on the floor as he looked for money. He found none and asked where it was; he said he knew she had some because she was going to buy the wine. She pointed to an inside pocket of the purse which contained $60. When he unzipped the pocket she grabbed the knife he was holding loosely. He hit her in the face and she fell against the wall. He came at her again and she threw the knife away. He struck her again and ran down the stairs.
• 1 McClure contends that prejudicial trial errors were responsible for his conviction. The alleged errors, however, relate chiefly to the charge of rape for which he was acquitted. The first of these was the refusal of the trial court to permit a defense witness to testify that seven years earlier the complainant had accused him of rape when he refused to pay after having sexual intercourse with her. The court would not permit this testimony because it was a single incident outside the complainant's general reputation for chastity. The testimony, however, was not offered to prove her reputation, but to suggest her motivation in bringing the current charge an incident demonstrating a common design to use criminal prosecution as retribution against men who did not pay all she wanted for her sexual services.
• 2 The State argues that the defendant did not cross-examine the complainant about the prior incident and hence failed to lay a foundation for the witness' testimony. A foundation would have been necessary if the purpose of the proffered testimony had been to impeach something the complainant had said while testifying (see People v. Rainford (1965), 58 Ill. App.2d 312, 208 N.E.2d 314), but this was not its purpose. Its purpose, as we have said, was to show her predilection under certain circumstances to charge men with rape. The testimony should have been admitted, but we do not think its exclusion was of prejudicial dimension in light of the remoteness of the incident, the other evidence of the complainant's morals and, particularly, the finding of not guilty on the rape count.
A second and more serious error occurred during the prosecutor's cross-examination of McClure. He was asked whether he had told his wife or his mother-in-law of the proposition supposedly made to him in the tavern by the complainant. He replied that he had told no one. Despite this response, the prosecutor persisted:
Assistant State's Attorney: "Did you ever tell police officers that arrested you for raping and robbing that woman "
Defendant: "I told no one."
Assistant: " that woman, that it was not a rape and armed robbery, and she consented to it because she was a prostitute?"
Assistant: "This is the first time, today, in court "
Defendant's Attorney: "Objection, Judge."
The prosecutor's questions carried the implication that McClure would have told the police about the complainant's proposal if in fact she had solicited him. The questions were highly improper. A defendant has the constitutional right under the Fifth Amendment to remain silent during custodial interrogation. His silence can be attributed to reliance on this right and may not be used to support an inference that his trial testimony was a later fabrication. (United States v. Hale (1975), 422 U.S. 71, 45 L.Ed.2d 99, 95 S.Ct. 2133.) It is also a violation of the due process clause of the Fourteenth Amendment to use a defendant's post-arrest silence to impeach his trial testimony. (Doyle v. Ohio (1976), ___ U.S. ___, 49 L.Ed. 91, 96 S.Ct. 2240.) See also this court's decision in People v. Wright (1975), 32 Ill. App.3d 736, 336 N.E.2d 18.
The trial court sustained the objection to the inquiry and promptly instructed the jury:
"Ladies and gentlemen of the jury, I would sustain the objection to the question as to whether or not he told the police.
I will advise you, please, to disregard the question and the answer, if you got the answer, and, of course, the colloquy between counsel on the objection.
I would further advise you that everyone, yourself and myself included, has a fifth amendment right upon arrest to say nothing to anyone. Whether or not the defendant in this case exercised that right is immaterial. He need not say anything to anyone. His answer remains that he said nothing to anyone concerning the circumstances of the crime."
The court's admonition was complete and emphatic. It was far more comprehensive than that in Hale where an objection to a similar question was sustained, but the jury was merely told that the question was improper and to disregard it. Also, in Hale there was no claim (as there is in this case) that the strength of the prosecution's case rendered the question harmless. In Doyle and in Wood the defendants' objections to the prosecutors' questions were overruled and the trial courts permitted the prosecutors, over more objections by defense counsel, to argue the defendants' post-arrest silence to the jury. Similarly, in Wright the defense objections were overruled and the prosecutor, unlike the present case, commented on the defendant's silence in his final argument.
• 3 An error involving infringement of a defendant's constitutional rights can be held harmless by a reviewing court only if the court is able to declare beyond a reasonable doubt that the error was harmless. (Chapman v. California (1967), 386 U.S. 18, 17 L.Ed.2d 705, 87 S.Ct. 824.) The prosecutor's inquiry about McClure's failure to inform the police of the complainant's solicitation was error, but in our opinion the error was harmless beyond a reasonable doubt. Not only was the court's instruction corrective of the potential damage, but there is objective evidence that the defendant was not harmed by the inquiry since he was found not guilty of rape, which was the crime to which the prosecutor's question was directed. Moreover, the jury's verdict of guilty on the charge of armed robbery was supported by overwhelming evidence.
Ollie Combs and his wife Willa Mae lived on the first floor of the three-story building where the robbery took place. They knew McClure and had been in his apartment. About 3:15 in the afternoon the day of the robbery they heard bumping and stomping on the vacant second floor of the building. Shortly thereafter, they saw McClure run down the back stairs, two or three steps at a time, and out the back gate. The complainant then came down the stairs. She was crying and had a knife in her hand. The Combses let her in. She said she had been raped and robbed. She gave the knife to Combs and asked him to call the police. Mrs. Combs recognized the knife; she had seen it in McClure's possession on prior occasions once when he was peeling an apple in his kitchen. Before the police were called Mrs. Combs went to the second floor. There was an empty purse on the floor and its contents were spread all over. The Combses telephoned McClure's mother-in-law and she came down to their apartment. The complainant was shaking and the blouse was out of her pants and there was dirt on them, but the Combses did not notice any marks on her face.
The police checked the second floor and recovered the complainant's purse and the scattered contents. After taking her to a hospital and visiting the tavern where she had met McClure, they spoke to his mother-in-law and mother. They told them of the allegations against him and instructed them to have him call the police.
Although he received the messages, McClure did not contact the police. He eluded them for over two months. During this time he neither returned home nor reported for work. He secreted himself in a different part of the city and went to his place of employment only once and then to get his back pay.
McClure asserts that his action did not amount to flight because he stayed within the city limits and returned to the place where he had been employed, turned in his identification card and received a salary check; that the complainant's testimony was contrary to ordinary human experience in that she said he struck her in the face with enough force to knock her against a wall, yet she had no bruises and a medical examination showed that her heartbeat and blood pressure were normal; that she said she seized his knife by the exposed blade, yet her hand was not cut; that she said she screamed after he struck her, yet the Combses heard no screams; and that since the jury did not believe her testimony about being raped it should not have believed her when she said she was robbed.
• 4 McClure's failure to return to his wife and child and place of employment and his avoidance of the police constituted flight. A hard blow will not necessarily produce a bruise, and since the complainant was examined medically approximately two hours after the robbery, there was plenty of time for her pulse and blood pressure to subside. She said when she seized McClure's knife he was holding it loosely while he was taking the money from her purse and that it slipped right out of his hand. The Combses heard no screaming, but they did hear noise on the floor above them and the complainant came to their door crying, trembling and distraught; she made an immediate complaint of rape and robbery and asked that the police be called.
• 5 It is within the province of the trier of fact to decide which story is to be believed when conflicting evidence is presented. Rape and robbery are distinct offenses, each with its own elements which must be proved beyond a reasonable doubt in order to support a conviction. (People v. Harper (1972), 50 Ill.2d 296, 278 N.E.2d 771.) Thus, where the evidence concerning a sexual offense is weaker than the evidence concerning a robbery, there is no basic inconsistency in a jury finding a defendant not guilty of the former but guilty of the latter. (People v. Montgomery (1973), 16 Ill. App.3d 127, 305 N.E.2d 627.) It is evident that the jury believed McClure's defense of consent; but it did not believe his story about the separate offense that followed the act of intercourse. There was nothing illogical about this distinction. The evidence that he was guilty of the armed robbery charge was not only stronger, but it was indeed overpowering.
The judgment is affirmed.
MEJDA, P.J., and McNAMARA, J., concur.
© 2002 VersusLaw Inc.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Dino Babies
Played 3485 times
Dino Babies game information:
Your role is to take care and feed the Dinos. Wait for your baby to hatch, give it food and milk and lull it to sleep. You earn coins by doing so.
How to play:
Use the mouse by dragging the food to the baby dino.
Add this game to your website or blog!
Popular Tags
Latest Games
- Bart Shootout
- The Hulk Differences
- Princess doll house 2
- American Trucks Memory
- Sailor Ship Escape
- Defend Kindom Wars
- Deadpool Jigsaw
- Offroad Race Truck
- House Cleaning
- Kings Castle 20
- BMW F32 Jigsaw
- Art Gallery Escape
- Fairy Beauty Salon
- Daredevil Jigsaw
- Semi Truck Jigsaw
- Lexus RS 350 Jigsaw
- Land of the Monsoon
- Kings Castle 19
- Italy Palazzo Escape
- Kings Castle 18
- Steven Adventure 2
- The Flowers of Paris
- Hendersons House
- Cindrella Hidden Objects
- Abandoned Theater Escape
- Phantom Jigsaw Truck
- Silverado Jigsaw
- Fireman Kids Western
- Elsa's Cuisine
- Dora Find Flying Castle


text:
e.l.f. Clarifying Pressed Powder - All Shades Reviews
- Other Powders:
- Average: 4.3
- High: 5.0
- Brand:
- e.l.f.
Read 5 Reviews
REVIEW SNAPSHOT®by PowerReviews
Reviewed by 5 customers
Comments about e.l.f. Clarifying Pressed Powder - All Shades:
I use this product as a base before applying other concealer. My skin stays a bit clearer if I use it regularly - I have relatively controlled acne to begin with, but my minor breakouts and skin tone are controlled.
The powder is not enough for me to use on its own. I usually use it as a base to my other cream make-up, for extra coverage and smoothness. It doesn't feel heavy or cause an over-done look. Also, its so darn cheap.
I apply it with an ELF powder puff, I'm not sure how brush application would work with this. Powder puff application is best, since I can just squeeze one into the make-up container itself and not have to carry extra equipment.
The powder also tends to last a long time. Usually, the lid breaks off the container before I run out. Worth the buck for sure!
Comments about e.l.f. Clarifying Pressed Powder - All Shades:
For the price it stands on it's own.
Product goes on smoothly and does'nt look thick.
You get the same effect as the pricier brands.
Look like a million without paying a fortune on upper end product.
Long lasting with total overall coverage.
For the price I buy several at a time .
I keep one in my purse one in my make-up case and one in the car.
Comments about e.l.f. Clarifying Pressed Powder - All Shades:
I love e.l.f.'s Clarifying Pressed Powder! I will definitely re-purchase this and a few back-ups even though I have never hit pan with any of the cosmetics that I have ever owned. It is *that *good. I bought the powder when e.l.f. was having one of their amazing sales and was not expecting much. I was scared that I would pick the wrong shade, but it ended up being a perfect match. The color that I picked up was Honey. I read a lot of reviews saying that the pressed powder showed up orange when applied, but it seemed great to me. I think it depends on the color you choose and the undertones of your skin. I agree that the selection is small, so I hope that e.l.f. expands it so that others can benefit from the product as well. I am contemplating picking up the darkest color, Toffee, to use for contouring, so we will see how that plays out.
Comments about e.l.f. Clarifying Pressed Powder - All Shades:
I have this in shade two, and I am around NC20-30 at mac. This pressed powder is just so ORANGE. I used it to much that I even hit pan until I looked in the mirror and I was just orange. wow. And now that I think about it. It would make a great peach blush. Just saying.
This powder is not finely milled at all. You can still feel that there are some pieces that are bigger than others.
It also claims to help acne, no, not really. Does it soak oil? A little. Is it affordable? Yes. But do they match skin tones? No, not unless you have an orange spray tan.
I also suggest you go one shade lighter because my friend who is like porcelain skin got shade one and it was just orange on her but I swatched it on my hand it blended in well. Maybe it was the light, I don't know, but I'm just giving you a suggestion if you just have to have this powder.
By the way, it also doesn't have a mirror or anything, the top is a plastic see through piece. The pad thing it comes with is crap also.
Comments about e.l.f. Clarifying Pressed Powder - All Shades:
**While I feel that e.l.f. Clarifying Pressed Powder** is a no brainer in the price department the formula is simply awful. From the minute I started patting this on it began turning orange and looked so cakey, not a look I ever want to achieve on any given day that's for sure. I even changed the way I apply it by using a powder brush and even that didn't help, it did nothing but make me look strangely orange.
Whatever their formulation is simply does not work for me but I say more power to those who can. I give this 2 stars because the price is right but that's about it, I won't be purchasing this again, ever.


text:
Interesting list of potential Democratic retirements from the Hill, here:
- Sen. Barbara Boxer (D-CA), 74
- Joe Manchin, 67
- Sen. Patrick Leahy (D-VT), 74
- Sen. Barbara Mikulski (D-MD), 78
- Sen. Harry Reid (D-NV), 74
Manchin's on the list because he's doing all the things that Senators who are planning to run for Governor do: to wit, talking about how much he hates Washington DC, and letting the state party apparatus dip their beaks into his fundraising war chest. Boxer is… tired, I think. Also, not raising money. Of the other three: Leahy is actually younger than I thought he was; he's probably staying. Reid has two years of pain ahead of him. Mikulski… Sen. Barbara Mikulski (D-MD) would be 80 in 2016. That's old for a reelection campaign.
This is all relevant because – assuming a 54-46 GOP/Dem Senate – retirements are going to be exceedingly important in 2016. The current ratio of Republican seats being defended to Democratic ones – 24 to 10 – would be potentially bad enough; complicating it is that of the five other Democratic Senators running, only Sen. Michael Bennet (D-CO) of Colorado is considered to be seriously at risk. Sen. Patty Murray (D-WA) of Washington State is a possible sleeper, because hope springs eternal.
On the other hand, looking at the other side things aren't quite as bad for the GOP as all those breathless articles were insisting before the election. Assuming nobody retires from the Senate to run for Governor or President (big assumption, and we'll discuss that in a minute), and using Murray as a yardstick, the three most at-risk Republican Senators this cycle would be Sen. Mark Kirk (R-IL) of Illinois, Pat Toomey of Pennsylvania, and Sen. Ron Johnson (R-WI) of Wisconsin. Kirk keeps his job, if he wants it. Toomey and Johnson both benefit from having little in the way of credible opposition*. Easy to see all three keeping their seats, frankly. As for Sen. Lisa Murkowski (R-AK)… she had unique circumstances in 2010, which are unlikely to be repeated.
So strategic Republican retirements are going to be key to any Democratic strategy. If Chuck Grassley of Iowa and Sen. John McCain (R-AZ) of Arizona retire and Democrats flip those seats (with who?) and if Sen. David Vitter (R-LA) of Louisiana drops out to win the governorship and Democrats flip that seat (with who?) and if Sen. Rand Paul (R-KY) of Kentucky and Sen. Marco Rubio (R-FL) decide to give up their seats to run for President and the Democrats flip those seats (with WHO?)… look, there are a lot of 'ifs' there. The Democratic party strategy for 2016 is starting to look like one of those elaborate chess or pool strategies where you set up everything so that each move plays into the next, which sets you up for an eventual commanding endgame where your forces are perfectly positioned for victory. Pundits love this stuff, honestly. Even mustang pundits like myself.
The problem? This isn't actually a chess or pool game. A better metaphor would be one where the other guy has a club, with a nail in it. And he also has a strategy, which is to go up and whale on things until they break – something that neither chess pieces nor pool balls can really block. He also has what will be a 54/46 margin in the Senate, so he can afford the virtues of simplicity. I know that I'm starting to mangle the metaphor here, so let me be more straightforward about it: the Democrats will not retake the Senate if they rely on an elaborate strategy of everything going right for them at once. For one thing: as the previous paragraph shows, they're starting to hit the problem of drying up candidate pools, and ain't that an absolute shame**.
None of this is a guarantee that we will keep the Senate in 2016. But it is relevant subtext to any decision that the Democrats listed at the top of this post will have about running again for office. Even the candidates who are reasonably certain that they can retire and have a Democrat replace them are still going to end up costing the Democratic party precious election funding (it costs more to fill an open seat than it does to cruise to reelection); and if Manchin and Reid quit – coupled with Bennet being in real trouble – then the odds of the GOP keeping the Senate, and possibly even increasing their margin, go way up.
And, of course, then there's 2018. Because, hey, why not think about all this stuff ridiculously far in advance?
(Image via Shutterstock)
Moe Lane (crosspost)
*It's a measure of how bad things are for Wisconsin Democrats that Johnson's presumed opponent is always Russ Feingold, who has frankly disappeared off of the face of the Earth since he lost in 2010.
**Actually: no. No, it is not. It's what happens when you base your national strategy on the stubbornly parochial attitudes of SoCal, the NorthEast gentry elite, and the Beltway: everybody outside of those areas ends up not measuring up to your Procrustean program.