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decided: April 17, 1969.
DANTE MARTIRE, APPELLEEv.LABORERS' LOCAL UNION 1058 ET AL., APPELLANTS
Hastie, Chief Judge and Kalodner and Van Dusen, Circuit Judges.
Three critical questions are presented by this appeal:
(1) Does the Labor-Management Reporting and Disclosure Act of 1959 ("LMRDA")*fn1 afford a remedy to an officer of a local union who has been (1) suspended from his elected office prior to the expiration of his term; (2) barred from holding office in the union for five years; and (3) subjected to a fine of $500.00?
(2) Does a District Council, with which a local union is affiliated, have the authority to take the actions above described?
(3) Were the procedural safeguard requirements of the LMRDA complied with in the District Council's proceedings against the plaintiff union officer?
The District Court answered the first question in the affirmative; the second in the negative and did not reach the third.*fn2
On this appeal we agree with the District Court's affirmative answer to the first question for the narrow reason, later stated; disagree with its negative answer to the second, and hold as to the third question that it must be answered in the affirmative.
Relevant to our disposition is this statement of the background facts:
The plaintiff-appellee was a member in good standing and business manager of the defendant-appellant Laborers' Local Union 1058, and an elected delegate to the Laborers' District Council of Western Pennsylvania, with which the Union was affiliated.
On September 13, 1967, three delegates to the District Council filed charges against Martire alleging that he was guilty of "negligence and incompetence" in discharging his duties as business manager of the Local Union. The charge arose from the fact that members of the Local Union had been employed for some eighteen months on a project at a wage less than that fixed by the collective bargaining agreement.
The Charge was filed pursuant to the procedure prescribed by Article VIII, Section 1, of the District Council's Constitution which permits "an officer or delegate in good standing" to file charges against "any other officer or delegate of a District Council. . . ."
On September 14, 1967, Martire received written notice of the charge against him in compliance with the District Council Constitution and was informed that the District Council Trial Board would hold a hearing on the charge on September 26, 1967. Martire appeared at the hearing and testimony was taken, the proceeding concededly being in accord with the District Council Constitution.
On September 27, 1967, Martire was notified that the Trial Board had found him guilty as charged and had suspended him from his positions as business manager of the Local and delegate to the District Council for five years, forbidden him to hold any other position during the period of his suspension, and fined him $500. The action of the Trial Board was ratified by the District Council and, after a hearing, by the General Executive Board of the International Union.
Instead of appealing to the next convention of the International, as required by the Local, District Council, and International Constitutions, Martire filed a Complaint in the United States District Court for the Western District of Pennsylvania on February 28, 1968, against the Local Union, two of its officers, and the District Council, asserting jurisdiction under the LMRDA.
In his Complaint Martire alleged that (1) the District Council had no authority under the Local and District Council Constitutions to "fine, suspend, expel or otherwise discipline [him] as a member or as an elected representative of his Local Union"; (2) the District Council had no authority under the District Council Constitution and bylaws to discipline him for "negligence and incompetence" since this is not a charge specified therein; (3) there was insufficient evidence to support the findings and punishment; (4) the procedural requirements of the District Council Constitution were not complied with; and (5) he was not charged and tried by a body of the Local Union.
The Complaint further alleged that these actions violated the provisions of the LMRDA and asked for compensatory and punitive damages and equitable relief, including reinstatement to his office with back pay and a permanent injunction against certain officers of the Local to prevent their alleged interference with his membership rights in the Local.
After a non-jury trial, the District Court found that there was substantial evidence to support the Trial Board's finding that Martire was guilty of negligence and incompetence.*fn3 However, even though it in no way found that Martire had been denied a fair hearing, it ordered Martire reinstated with back pay and other benefits since it concluded that the removal of a Local Union officer by a District Council violated Section 101(a)(5) of the LMRDA, and that any provision in the Union constitutions permitting such action was void under Section 101(b).
On this appeal Martire does not contend that he was in any way denied a fair hearing or that the evidence presented before the Trial Board did not support its action. He contends, however, that the District Council had no authority to do anything except remove him from his position as delegate to the District Council and that the entire action of the District Council is invalid since nowhere in the District Council Constitution is it expressly stated that an officer of a Local Union can be disciplined for negligence and incompetence. Martire's contention appears to be two-fold: (1) the action of the District Council violated the Union constitutions and such a violation is actionable under the LMRDA; and (2) the action of the District Council violated the guarantees of the LMRDA quite apart from whether the action also violated the Union constitutions.
What has been said brings us to the first of the three questions presented on this appeal, namely:
"Does the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) afford a remedy to an officer of a local union who has been (1) suspended from his elected office prior to the expiration of his term; (2) barred from holding office in the union for five years; and (3) subjected to a fine of $500?"
In Sheridan v. United Brotherhood of Carpenters, 306 F.2d 152 (1962) we held that neither Title I of the LMRDA nor Section 609*fn4 affords a remedy to a business agent of a union who has been removed from his elected office prior to the expiration of his term, for the reason that "It is the union-member relationship, not the union-officer or union-employee relationship, that is protected."*fn5 We adhere to that ruling, and accordingly hold that Martire is not afforded a remedy under Section 101(a)(5) of the LMRDA*fn6 by reason of his removal from office as the Union's business agent.
We hold, however, that that part of the penalty imposed on Martire by the District Council which bars him from holding office in the Union for five years affects his status qua union member, and that circumstance affords him a remedy under Section 101 (a)(5).
With reference to the $500 fine, it need only now be said that it does not appear from the record, via the Constitutions of the Local Union or District Council, whether Martire is subject to expulsion from the Local Union if he does not pay his fine; if he could be so expelled, then he would be afforded the protection of the LMRDA, since as we held in Lewis v. American Federation of State, County and Municipal Employees, AFL-CIO, 407 F.2d 1185 (3rd Cir. 1969), expulsion from a union affects membership rights protected by Section 101(a)(5).
In accordance with what has been said, we hold that the District Court did not err in ruling that Martire is afforded a remedy under Section 101(a)(5) and 102 of the LMRDA.*fn7 We do so on the narrow ground, not assigned by the District Court, that Martire's being barred from holding office in Local Union for a term of five years affects his rights qua union member; otherwise stated, his union-member relationship.
Martire further contends that the actions of the District Council violated his rights under Section 401(h) and Title III of the Act. Neither is applicable here.
Section 401(h), 29 U.S.C.A. § 481(h), guarantees only that the members of a local union will have an opportunity to remove local union officers guilty of serious misconduct; it cannot be read to provide that only the local union may act to remove such officers.*fn8
Title III regulates the imposition of trusteeships by a parent union. Martire contends that it impliedly forbids "interference" in the administration of a local union's business such as the removal of one of its officers, unless a trusteeship is imposed. The contention is inapposite in the instant situation where the record discloses no more than that a union's business manager was removed from office for proven "negligence and incompetence," in accordance with the provisions of the District Council and Local Union Constitutions.Standing alone such action is not within the periphery of Title III.
It may be added that Martire also contends that the LMRDA affords a remedy under Section 102 for violations of a Union or District Council Constitution, and that his removal by the District Council from his Local Union office violated the Constitutions of both. With respect to that contention, we hold that violation of a union or District Council's Constitution is not actionable per se under the LMRDA.
It is settled that "it is only when . . . a claim is made that the constitution is being applied in such a way as to deprive the local members of their secured rights that the documents [constitutions] may be considered."*fn9
Since we hold that Martire has asserted a right under Section 101(a)(5), we reach the second question posed at the outset of this Opinion, namely, "Does a District Council, with which a local union is affiliated, have the authority to take the actions above described?"
Section 101(a)(5) does not give the federal courts a general supervisory power over union disciplinary proceedings; the section merely provides that such disciplinary proceedings must accord the accused three specified procedural safeguards:
He must be "(A) served with written specific charges; (B) given a reasonable time to prepare his defense; (C) afforded a full and fair hearing." The only one of these that could possibly give a local union member the right to be tried only by his local union is the last. But we can find no basis, either in the Act itself, or in the legislative history, for concluding that Congress intended to include this right in the requirement for a "full and fair hearing." We, therefore, conclude that the fact that a local union member is disciplined by a parent body within the union does not constitute per se a denial of a fair hearing.*fn10 Nor do we find any special circumstances here warranting a finding that under the particular facts such a fair hearing was denied, as might possibly be the case, for example, if the charges involved an issue with respect to which there was a conflict of interest between the local and the parent body. The record in no way indicates that the proceeding was conducted in any manner which was the least unfair or prejudicial to Martire, or that the Trial Board was biased against him. We therefore conclude that Section 101(a)(5) was in no way violated by the fact that the charges against Martire were tried before a trial board of the District Council rather than before a body of the Local Union.
Finally as to the third question presented: "Were the procedural safeguard requirements of the LMRDA complied with in the District Council's proceedings against the plaintiff union officer?"
It must immediately be noted on this score that, as we earlier stated, (1) Martire does not contend that he was in any way denied a fair hearing or that the evidence presented before the District Council's Trial Board did not support its action, and (2) the District Court made the fact finding that "The grounds for disciplinary action processed by the District Council are supported by substantial evidence."
The hard core of Martire's contention is that neither the District Council nor Local Union Constitution specifically makes "negligence and incompetence" an offense, and that accordingly he could not be charged with, nor convicted of such an offense.
There is no merit to this contention. Martire was sufficiently apprised by the Union Constitutions that he was subject to discipline for negligence and incompetence in carrying out his duties as an officer of the Local Union.
The Local Union Constitution provides that "it shall be the duty of the Business Manager of a Local Union to see to it that the affairs and business of the Local Union are being properly conducted in accordance with the Constitutions [of the Local Union, District Council, and International Union] and with the rules, regulations, policies, practices and lawful orders and decisions [of these bodies]." Art. IV, § 3E(1). It further provides that "it shall be the duty of the Business Manager to see to it that the provisions of all agreements are enforced and respected by all persons affected thereby." Art. IV, § 3E (2)(b). The Business Manager is required to "keep himself informed of all contemplated work to be done within the jurisdiction of the Local Union and make such pre-job arrangements as may be necessary in order to insure the proper and lawful progress of such work once started and to its conclusion." Local Union Constitution, Art. IV, § 3E(5). It is his duty to "visit all projects within the jurisdiction of the Local Union in order to ascertain whether or not work is progressing in accordance with established conditions." Local Union Constitution, Art. IV, § 3E(6).
In providing the qualifications for local union office, the Local Union Constitution provides that candidates must "be literate and otherwise competent to perform the duties of the office." Art. V, § 3. Furthermore, "when a member has been elected to office . . . he shall, as such officer . . . fully perform all such duties, responsibilities and obligations that attach to such office . . . as required by the International Union, Local Union or District Council Constitutions. . . ." Local Union Constitution, Art. VI, § 3(m). "In the event of non-compliance by anyone holding an elective office or position, he shall be subject to all applicable disciplinary provisions contained in either the International Union, Local Union or District Council Constitutions. . . ." Local Union Constitution, Art. VI, § 3(n).
Finally, in the oath prescribed by Article XIII of the Local Union Constitution for all elective positions, a solemn pledge is made to comply with all the provisions of the three union constitutions and "to perform the duties of my office as prescribed in said Constitutions."
The foregoing provisions give a more than adequate warning that the business manager of a local union may be disciplined for negligence and incompetence in the performance of his duties, and that such duties include responsibility for seeing that employers pay the required union wage to members of the union.
Moreover, Art. VIII, § 7 of the District Council Constitution and Art. XII, § 7 of the Local Union Constitution both provide "that where any officer has been found guilty and suspended from office because of negligence, incompetence or dishonesty in the performance of his duty, he shall remain suspended . . . pending the decision of . . . his appeal."
In accordance with what has been said, the Order of the District Court will be reversed insofar as it grants relief to the plaintiff, and the cause will be remanded with directions to the District Court to proceed in accordance with this Opinion.
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Umar Akmal congratulates Sunrisers Hyderabad for winning 'Pakistan Super League'389 views
Pakistan middle-order batsman Umar Akmal was trolled on Twitter on Sunday after he congratulated David Warner's Sunrisers Hyderabad (SRH) for winning the Pakistan Super League.
Akmal took to the micro blogging site to wish the Orange Army for winning their maiden Indian Premier League crown. He however, wrote PSL instead of IPL. SRH defeated favourites Royal Challengers Bangalore by eight runs to win the ninth edition of the IPL on Sunday.
After being trolled by the followers, he later admitted his 'mistake' and posted another tweet with hash tag #IPL2016final. Akmal also asked one of them to behave.
Popular: Hyderabad beat Bangalore for maiden IPL win
The junior Akmal has been in the eye of the storm for some time now. (Gayle caps controversial season with brutal assault in the final)
1. In November last year, Akmal was detained by police at a Mujra party. (Yuvraj's wait for glory ends with memorable IPL season)
2. In January, the 26-year-old allegedly abused former player and coach Basit Ali in the dressing room after he was demoted in the batting line-up of a Quad-e-Azam trophy match.
3. He was jailed for one day in February for clashing with a traffic warden in his hometown in Lahore.
4. During the World T20 in March ahead of India clash, Akmal had asked Imran Khan to speak to captain Shahid Afridi during a team pep talk to promote him up in the batting order.
This sparked a huge controversy, with former skipper Ramiz Raja called for Akmal's axing from one game.
"I am very angry with Umar's behavior. Whenever he meets with a former great, he ends up talking about having his batting order changed. My heart says that for his behavior Umar should be sat out in the next match," Ramiz said on Geo News channel.
5. In April, he was involved in an argument with a security guard at the Gaddafi stadium in Lahore.

subset: commoncrawl


text:
New board members excited to begin service
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One Story event to focus on making disciples
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Board elects new officers in first meeting of...
The BSCNC Board of Directors welcomed more than 50 new members, elected new officers and were challenged to be disciple-making leaders in their churches.[more]
Executive Committee hears reports in first...
In its first meeting of 2015, the Executive Committee heard committee reports that included updates on a property sale and a final financial report for 2014.[more]
Three reasons to attend the One Story Conference
Make plans now to attend the One Story Disciple-Making Conference on Monday, Feb. 23 at Center Grove Baptist Church in Clemmons.[more]
Board service opens new doors to ministry
When Cameron McGill attended his first meeting as a member of the Board of Directors for the BSCNC, he had no idea how it would transform his life and ministry.[more]
The Gospel and racial reconciliation
As believers in the Lord Jesus Christ, we must lead the way in praying for and seeking racial reconciliation, writes BSCNC Executive Director-Treasurer Milton A. Hollifield, Jr.[more]
Be a champion for life
In recognition of Sanctity of Human Life Sunday, here are six ways you and your church can be an advocate for life from the Southern Baptist Ethics & Religious Liberty Commission.[more]
Six steps to spiritual growth in 2015
We often set goals for many areas of our lives, yet few people make any commitments to grow spiritually. Here are six steps to developing a spiritual growth plan for 2015.[more]
Resolve to make disciples in 2015
As you plan to make personal improvements in the year ahead, have you also considered how you can use your resolutions to engage others and invest in their lives?[more]
Coats for the City shares warm coats, gospel in...
More than 4,000 New Yorkers will be warmer this winter because they'll be wearing coats sent to them by North Carolina Baptists through the annual Coats for the City project.[more]
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An Overview of Being a Nurse
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Category: English
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caring for people takes a lot of resources Since the government sets most of the rules that affect nursing homes the cost of care is even higher as they try to meet all the regulations Nearly 60 of the residents are dependent on the federal payment system called Medicaid but Medicaid does not cover all the costs of providing the care This all means that the nursing homes are spending more on the residents than the residents are paying to live there I believe the government should provide more adequate funding for these long-term healthcare facilities so they can continue to survive and continue to care for our frailest citizens If the government doesnt start to help more all of the nursing homes may go out of business Just last week the Argus Leader had an article that said 400 nursing homes filed for chapter eleven bankruptcies in Texas According to the American Health Care Association over 1200 nursing homes have filed for bankrupcy This number represents nearly 10 of Americas nursing homes and could leave almost 135000 ill and needy residents without care should they be forced to close Nursing homes are a vital part of society today With todays fast paced society the families dont have time or the expertise to take care of their elderly loved ones They need a place to live where they can receive the medical assistance they need We cant put them in a hospital for the rest of their life Nursing homes are also a great place for the residents because of the friendships they make They have a chance to do activities with people their age and they make friends instead of living by themselves and having no one The whole environment of a nursing home makes their last years a pleasant experience We need to realize that a lot of these seniors are responsible for the great things that we
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Club Meadows
Thirsty Thursdays Open Jam
Every Thursday at 9pm
East Longmeadow, MA
Every Thursday at 9pm
Hosted by Shanta621 N Main St
East Longmeadow, MA
- Best Open Mic I've ever been too, Great musicians, fun times.
- reply to this commentValerie (2/2016)
4/16/15: Found plenty of parking. 4 pool tables, 2 bars & a raised stage about 12'x 20'. But the mojo felt off that night. They don't serve food but keep menus for delivery on hand. Come to find out didn't start til 9pm. The band forgot the main speaker cables too.
I was the only one on the sign up sheet. when the cables weren't there by 9:15, I crossed my name off the list, grabbed my gear and walked out. Chalk one up to "Murphy's Law".
- reply to this commentMark Fornwald (4/2015)
- ? good for a 3 piece 90's alt cover band?
- reply to this commentThomas Cardone (1/2013)
- no music thursday july 5, i was there, big empty stage
- reply to this commentalan (7/2012)
- hello. i am a solo lead distortion/clen guitarist and sings. most songs r G'N'R, some aerosmith and hendric national anthem. is your facility compatible for loud heavy metal? shall i bring my amp? pls advise for tis week the time 4 signup if my genre is ok. thanks. steve
- reply to this commentsteve chick (1/2012)


text:
Hardest Math Sudoku is a classical sudoku game, which has simple arithmetics instead of numbers.It contains 24 unique puzzles.
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text:
Residence: Chaparral, New Mexico
Organization: El Paso Community College (EPCC), El Paso, Texas
Occupation: Vice President of Instruction and Workforce Education
First job: Assistant Hardlines Manager at Gibson's Discount Center, El Paso, Texas (1980)
Favorite music: Classic and Pop Rock
Favorite movie: Shawshank Redemption
Favorite book: Steve Jobs by Walter Isaacson
Philosophy: As a former EPCC faculty member and dean and now a higher education administrative leader, I have to help provide the best education, support and resources for our students to ensure their success and commitment to life-long learning. My primary philosophy is to support innovative classroom and learning strategies to create and provide pathways for student success. With administrative oversight of instruction and faculty, I strive to promote a diverse and dynamic learning environment by encouraging faculty to engage with students and ultimately provide a great learning experience.
What got me interested in my work: I became interested in entrepreneurial activities at an early age by becoming a professional photographer. I then studied computer science and business in college. I enjoyed the college experience as a student and decided to stay in the education field by teaching computer science at EPCC. It is here that I have spent the last 27 years developing my interests in teaching and interacting with students, transitioning to instructional administration, and now building partnerships for workforce development opportunities in the El Paso area.
Success is... Seeing students walk across the stage to receive their degree at commencement ceremonies. Success is also having a supportive leadership team that is based on great relationships and a collaborative decision-making process with the same goal in mind…student success.
Pet Peeve: Negativity and resistance to change. As an institution of higher education, change is not only constant but also necessary to meet the needs and expectations of our diverse student population. Unfortunately, change generates drawbacks due to anxiety and discomfort.
Favorite Quote: "Be bold and mighty forces will come to your aid."
Current Project: EPCC is working to scale-up existing student success projects based upon the outcomes of previous pilots. Developing strategies and pathways to increase enrollment and graduation rates is our top priority. Through the Pathways Project, we are clarifying paths for students, helping students choose and enter a pathway, helping students stay on path, and ensure that students are learning. Through the Workforce and Continuing Education area, we are also working to increase partnerships and build relationships with business and industry by bringing in grants that provide training for new jobs, upgrade skills, or industry certifications.
10/31/2016Pikes Peak Community College Supports Student Entrepreneurs with Ground Breaking Program
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text:
West Ham have made quite the start to the 2015-2016 Premier League season, they stunned Arsenal in the first week.
And have continued to give impressive performances, including a historic victory over Liverpool at Anfield! To put it into perspective the last time West Ham won away at Anfield the Beatles were top of the music scene and it was 1963, so after 52 years no one was really expecting West Ham to take the points. Especially this fan;
We all know what happened next, Liverpool, who were unbeaten in three matches, were overwhelmed and outplayed as West Ham stormed to a comfortable 3-0 win!! True to his word the dedicated West Ham fan headed to the tattoo shop and got his new tattoo, proudly showing it off on Twitter.
Interestingly it seems tattooing impressive and historic victories is all the rage with West Ham fans this season, another one of the Hammers loyal followers had the Arsenal result inked on him!!
Recent from Sports
These tattoos do make you wonder what will these ink mad fans do if West Ham bring home some silverware...face tattoo? A back piece capturing the moment? Or simply another scoreline tattooed on some crazy fans leg?
...If your team earned some famous wins would you get a crazy tattoo to commemorate it??
21inkedd@Robert DaviesFollow


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Kukla's Korner Hockey
Wings Still In The Guerin Hunt - Z Out Tonight
by Paul on 02/27/07 at 08:44 AM ET
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from Ansar Khan at Mlive,
But, the Wings surely aren't done. They'll still in the hunt for Bill Guerin of St. Louis; the only question is, are they prepared to pay the steep price in draft picks and, possibly, a decent prospect? They believe the price for Guerin will go down by Tuesday's 3 p.m. deadline because the Blues have to either sign him or trade him or risk losing him for nothing at the end of the season….
Also, Henrik Zetterberg won't play Tuesday in Chicago because of back spasms. He's listed as day-to-day and the Wings believe he'll play Friday at home vs. the Blackhawks. The Wings recalled Matt Hussey from Grand Rapids for Tuesday's game.
more on the Wings including Betuzzi talk…
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Forging Freedom: A True Story of Heroism During the Holocaustby Hudson Talbott
Page 1 of 2
- For Grades 3 - 7
- Buy this Book!
Enter promo code TEACH for 15% off.
The following discussion questions were provided by the author, Hudson Talbott.
What We Can Learn from the Holocaust?
By using a true adventure story such as Forging Freedom, students are given a solid introduction to the times in which the Holocaust took place, while following the daring course of action taken by a true-life hero. Jaap Penraat's story stands as a candle in the darkness, and the moral reasons for his actions are self-evident, but the more practical reason of "the golden rule" gives a stronger, easier-to-understand argument for shifting from the role of "bystander" to "doer." The goal would be to lead students to the understanding that by helping to make the world safer for others, we are making it safer for ourselves, as well.
Language Arts
Forging Freedom contains four classic character archetypes of both literature and history: hero, bully, victim, and bystander. After writing the four words on the blackboard, the teacher could talk with the students about them and then list the characteristics of each type underneath the appropriate word.
- Students can create a day in the life of each of the types, using at least three of the characteristics listed for that type.
- Have students write about their own experiences (real or imagined) of being each archetype. What caused them to be that type? How did it feel?
- Going from "bystander" to "hero"—How? Why? Character development is essential in writing both fiction and nonfiction. In life, we may want to do the right thing, but are afraid of being hurt ourselves. The urge to be true to one's principles has to be weighed against the risks involved. Jaap Penraat was an ordinary man who did extraordinary things. Have students talk about what might have taken place in Jaap's mind before he decided to take action.
- Writing assignment: You are Jaap's younger brother or sister. You are coming home from school when you see the Nazis taking away your neighbors—except for Solomon, the boy your age, who has run out the back door and is desperately trying to hide. Neither he nor the Nazis have seen you, so you are free to go into your house and pretend you've seen nothing. Describe what you do next, why, and how you feel doing it.
Brought to you by Penguin Young Readers Group.
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text:
|BrauSchneider India Pale Ale
|Winterkoninkske Grand Cru
|Schwarz Bräu Altbier
|Gratzer Hermann
|Känguruh Bernsteintrunk
|Achel 8 Blond
|Schneider Weisse Tap 5 Meine Hopfen-Weisse
|Störtebeker Atlantik-Ale
|Marchfelder Storchenbräu Weizen
vanelst (31) , Austria | August 20, 2016
summer 2016: as long as they refuse to serve the beer at the right temperature (icecold belgian trappist and so on...) they are not gonna see me anymore. This was pointed out many times already by many customers, so why cant they fix it? Stuborness?
Moretum (4) Vienna, AUSTRIA, Austria | May 2, 2016
Not far away from U3/U6 Westbahnhof. Dark, wooden pub with dim lights. Seven beers on tap and a not very impressing selection of several beers from european countries like Austria, Germany, Netherlands and United Kingdom. Very interesting and hugh belgian beer selection which is even more hugh in December when they have special christmas beers. Prices are very good when you look around the other destinations, I also couldnt find many belgian beers anyone else. Of course the food selection is poor and when there are many people, it take´s some time to get the beers. Summa sumarum some beers from Austria (tap/bottle), Germany, Netherlands and United Kingdom and many, many belgian beers with poor food selection in a dark pub.
SamYang (3) , Austria | January 29, 2016
Sni (6) , Austria | January 13, 2016
Traditional Austrian Wirtshaus with the best selection of Belgian beers in Vienna. Limited selection of draught beer, but two pages of Belgian bottled beer alone. Prices are reasonable and service is good. Nice location, not too far from the underground. Food selection is pretty poor. Overall highly recommended!
mysland (64) , Germany | December 18, 2015
tricksta_p (171) Steenwijk, Netherlands | September 11, 2015
Cozy and dark wooden interior. My kind of atmosphere. Despite being quite far away from the city center, it was pretty crowded and we had to wait at the bar for a table to become available. Huge bottle list, however the bulk of it consists of Belgian beers so not that interesting for this Dutchman looking for new beers to try. Still, I was able to drink a number of Austrian beers.
BuckeyeBoy (205) Boise, Idaho | August 20, 2015
I had a great time in this place. No smoking was awesome. Nice mellow not packed that is the way I like my bars. The bottle list was very nice plenty of diamonds in the ruff. The price was very fair and the tap list was good.
b727trijet (502) Isleworth, England | May 17, 2015
Bit of a dead pub offering beers from non multinationals... which is always good... too laid back and service showed.
Kavu (69) Helsinki, Finland | March 23, 2015
Quite small and cosy, which could be a plus, but also makes the bar quite full quite often. Dividing the smoking section makes no difference as the whole bar is full of smoke on a full night. The dim lights make it hard to judge the appearance of the beers. However everything else is superb. The prices are competitive, the selection of Belgian beers is awesome and the waiters serving tables helps a lot when the place is full. Sorry for the harsh opening. This is a really good bar worth visiting when in Vienna.
Werckmeister (139) Vienna, Austria | December 12, 2014
Pre-Ratebeer this used to be my favorite beer pub in Vienna, mainly because of the extensive list of belgian beers. I gave it another try yesterday, unfortunatly I was not fully satisfied. Upon entering we were greeted with a rather unpleasant smell, probably a mixture of bad air, food smells and smoke (the pub has a smoking section). We found a table right away, which was lucky, because the place is not so big, and usually its quite full. We ordered two beers, my gf a belgian one, I ordered a bottle from a small austrian brewery. Because of the smell in the pub, I couldnt really make out so much of the smell of the beer. After a little while I also found out that there wasnt so much smell to the beer mainly because my beer was served too cold. My gfs beer was fine (the belgian one). We went for another round (one austrian, one british beer) and again both beers were way too cold. In previous visits, I never liked the austrian beers Känguruh had on offer. I realize now, that I probably didnt like them because they were also served way too cold, meaning they just couldnt live up to their full potential. So if you go there, either wait until your beer warms up, or go for one of the belgian beers, in our small sample the belgian beer was the one that had a warmer temperature. Price-wise, in camparison to all the other "Craft Beer" pubs in Vienna, the prices at kanguruh are very good. Most of the austrian beers can be had for 3,80 euros for 0,33l. while most of the belgian beers are 4,30 euros (a couple even 3,80 too), except the big bottles (0,75l) of course. usually the other craft places in Vienna sell all their foreign stuff for prices of at least 5 euros and up.. For nostalgic reasons I gave it a rather good rating. And in comparison to the other places it proably still is ahead, or there just isnt that much competition quality-wise in Vienna right now..


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Meet Jenna. This sweet girl may be timid when she first meets a new person but once she knows you, she'll become your devoted friend forever. She promises to be your loyal friend. Jenna will probably not do well in the city, but would prefer a nice quiet suburban neighborhood to live in. She does get a little startled of noises and so a calmer household would most likely be best for her, without young kids. Jenna does get along with other calm, refined dogs but is perfectly fine as an only dog too.
Jenna is currently in rural SC in a foster home where she will soon be undergoing heartworm treatment. We anticipate that she'll be able to travel to the DC area in early October to an approved foster or adopter.
If you are looking for a quiet, devoted companion, then look no further than Jenna. Apply today.
BREED ESTIMATE: labrador retriever mix
GENDER: Female
APPROXIMATE WEIGHT: ~45 lbs
APPROXIMATE AGE: ~2-4 years
COAT TYPE: medium length
OTHER INFO: utd on shots/spayed
LOCATION: foster home in rural SC
FOR MORE INFO OR TO ADOPT: Please go to http://adopt.ddbnova.org and complete the application.
You can also help save dogs like this one by becoming a foster, providing a rescue dog with a temporary home and giving them the love and care they need until they are permanently adopted. Every person who fosters is directly responsible for saving the life of a dog, because we can only save as many dogs as we have foster families available to welcome them into their homes. If you think you might be interested in becoming a foster and want to learn more, please go to http://foster.ddbnova.org and fill out an application.
Dogs Deserve Better of Northern Virginia is an all-volunteer, foster-based rescue that primarily adopts to families in the DC Metro area.


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New Jersey Superior Court, Appellate Division
Decided: April 13, 1950.
MARY G. BACON, INDIVIDUALLY AND TRADING AS BACON & GRAHAM, RESPONDENT; CROSS-APPELLANT,v.JACOB D. BACON, APPELLANT; CROSS-RESPONDENT
On appeal from the Superior Court, Chancery Division.
McGeehan, Colie and Eastwood. The opinion of the court was delivered by Colie, J.A.D.
[7 NJSuper Page 183]
The judgment under appeal determined that a partnership existed between the plaintiff and defendant under the name of Bacon & Graham; that the partnership was dissolved on March 5, 1946; that plaintiff account to defendant for half of the net worth of said partnership and specified particularly the monetary adjustments between the parties. To this extent the judgment is affirmed for the reasons expressed in the opinion of Judge Grimshaw, reported in 8 N.J. Super. 418 (Ch. 1949).
The defendant, Jacob D. Bacon, in his counterclaim sought a decree that premises at 372-374 East 35th Street, Paterson, New Jersey, title to which was vested in Mary G. Bacon, be held to belong to Mary G. Bacon and George D. Bacon as tenants by the entirety. The court below held that the taking of title in the name of the wife raised the presumption of a gift which could be overcome only by clear and convincing proof to the contrary, that such proof was absent and that therefore the conveyance to Mary G. Bacon should stand. With this finding we are not in agreement. The money used for the purchase of the property came from the account of Bacon & Graham, a partnership. In Partridge v. Wells , 30 N.J. Eq. 176 (Ch. 1878); affirmed, 31 Id. 362 (E. & A. 1879), it was held that "Partners hold to each other the relation of trustee and cestui que trust. A trustee can derive no gain to himself from the employment of the trust fund. The fact that the trustee has invested the trust property, or that which represents it, in the name of his wife, will give her no right to the property as against the cestui que trust." In Silverstein v. Wolf , 151 A. 482 (E. & A. 1930) (not officially reported) the court held: "The purchase of real estate was merely incidental to the copartnership, and, if either the partners had held the title, they as partners, would have been obliged to answer, for, as between them, it would be regarded as personal property. The company (in whose name the title was taken) stands in no better position. It holds the legal title in trust for the equitable owners, the copartners, because
[7 NJSuper Page 184]
the copartners paid the purchase price at the time title was taken." Turning to the Uniform Partnership Law, R.S. 42:1-8, we find a statutory provision that "Unless the contrary intention appears, property acquired with partnership funds is partnership property." The record discloses no evidence of a contrary intent and in the absence of such evidence we conclude that the property was an asset of the partnership and was not the sole property of Mary G. Bacon.
The cause is remanded to the end that the judgment may be entered in accordance with the views herein expressed.
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decided: March 17, 1976.
COMMONWEALTH OF PENNSYLVANIAv.EDWARD BAKER, APPELLANT. (TWO CASES)
James J. DeMarco, D. L. Marshall, Philadelphia, for appellant.
F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., David Miebelman, for appellee.
Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.
[ 466 Pa. Page 482]
Appellant Edward Baker was convicted after a jury trial of murder in the first degree, burglary, robbery and conspiracy. The court imposed a sentence of life imprisonment on the murder conviction and sentences of ten to twenty years imprisonment, to run concurrently with the life sentence, on the robbery and burglary convictions. Sentence was suspended on the conspiracy conviction. This appeal ensued.*fn1
Appellant raises three issues: (1) whether there was sufficient evidence to support the convictions; (2) whether the trial court abused its discretion by finding witness Donohue Wise competent to testify; and (3) whether the jury should have been "specifically advised" of the behavioral effect of drugs Wise was taking. We affirm the judgments of sentence.
Appellant contends, in his motion in arrest of judgment, and on this appeal that the evidence was insufficient to sustain the conviction.*fn2 The test for assessing
[ 466 Pa. Page 483]
the sufficiency of the evidence in a criminal case is whether, viewing all of the evidence admitted at trial in the light most favorable to the Commonwealth and drawing all reasonable inferences favorable to the Commonwealth, there is sufficient evidence to enable the trier of fact to find every element of the crime beyond a reasonable doubt. See Commonwealth v. Green, 464 Pa. 557, 566, 347 A.2d 682, 686 (1975); Commonwealth v. Robson, 461 Pa. 615, 625, 337 A.2d 573, 578 (1975).
Appellant argues that when the record is considered without the testimony of Donohue Wise there is insufficient evidence to sustain the conviction. Although we find, infra, no abuse of discretion by the trial court in allowing Wise to testify, we note that in assessing the sufficiency of the evidence all evidence actually received at trial is considered whether the rulings thereon were right or wrong. We will not grant a motion in arrest of judgment on a diminished record. See Commonwealth v. Terenda, 433 Pa. 519, 523, 252 A.2d 635, 637 (1969); Commonwealth v. Maybee, 429 Pa. 222, 226-27, 239 A.2d 332, 335 (1968); Commonwealth v. Tabb, 417 Pa. 13, 16, 207 A.2d 884, 886 (1965).
On December 20, 1973, Steven Gibbons was found dead in his home. The house had been thoroughly ransacked. The body of the deceased was bound and gagged with paper stuffed in the mouth and an ice pick plunged downward into the nape of the neck. A physician from the office of the medical examiner testified for the Commonwealth that death resulted from the stabbing, strangulation and a severe beating which had been inflicted on the victim. The victim was approximately 80 years old at the time of death.
Donohue Wise, who plead guilty to murder after being charged with this homicide, was the Commonwealth's primary witness at appellant's trial. He testified that on the night of the crime he had been in a bar drinking with the victim Steven Gibbons. Three men, including
[ 466 Pa. Page 484]
appellant, came into the bar. One of the men voiced a threat against Gibbons because Gibbons had refused to buy him a drink.
Wise testified that he went home to go to bed. The three others, including appellant, came to his house and asked him if he wanted to make some money by committing a robbery. Wise agreed and the four eventually proceeded to the home of the victim. En route, one of the four obtained an ice pick and a hammer for use in the crime. When they reached Gibbons' home appellant broke the glass on the front door and the men entered. A coat was thrown over the victim's head and the house was searched for money and valuables.
Wise testified that as he returned from searching the upstairs he saw one of his co-felons stab the victim with the ice pick. He testified that appellant was going through the victim's trouser pockets. The four men met later to divide what they had taken from the victim and his home.
In view of this evidence we conclude that there was sufficient evidence to sustain the verdicts of the jury.
Appellant contends that the trial court erred in finding the Commonwealth's key witness, Donohue Wise, competent to testify. We do not agree.
The competency of a witness is a matter for the trial court to determine and is not reviewable in the absence of a clear abuse of discretion. Commonwealth v. Ware, 459 Pa. 334, 356, 329 A.2d 258, 269 (1974); Commonwealth v. Kosh, 305 Pa. 146, 155, 157 A. 479, 482 (1931). Appellant contends that the trial judge's decision was an abuse of discretion because the witness "lacked the requisite mental capacity to perceive the event in question with a substantial degree of accuracy."
[ 466 Pa. Page 485]
The factors and standards for determining the competency of a witness were considered thoroughly in Commonwealth v. Ware, supra, 459 Pa. at 351-357, 329 A.2d at 267-69 (1974). See also Commonwealth v. Kosh, supra, 305 Pa. at 156, 157 A. at 482 (1931); Rosche v. McCoy, 397 Pa. 615, 620-21, 156 A.2d 307, 310 (1959); Dulnikowski v. Stanziano, 195 Pa. Super. 508, 510, 172 A.2d 182, 183 (1961). As stated in Ware, Rosche and other cases,*fn3 and as the leading treatises*fn4 explain the relevant inquiry is whether the witness: (1) has the capacity to observe or perceive the occurrence with a substantial degree of accuracy; (2) has the ability to remember the event which was observed or perceived; (3) has the ability to understand questions and to communicate intelligent answers about the occurrence; and (4) has a consciousness of the duty to speak the truth.*fn5
Before Wise was allowed to testify the trial court conducted a competency hearing in the absence of the jury. Doctor Bijan Etemad testified for appellant. He had not actually examined Wise but based his testimony on the examination report of another psychiatrist who had examined Wise in March 1974. The doctor testified that, based on Wise's history of mental disorders and drug abuse, Wise "could probably have been psychotic, or schizophrenic off and on, or may be continuously, many months prior to [March 1974]." The witness also testified that Wise hallucinated occasionally. He concluded that Wise "was not capable of recognizing what is wrong and what is right for himself." On cross-examination
[ 466 Pa. Page 486]
the witness stated that he could not form an opinion about what Wise's condition was on the date of the event about which Wise was to testify.
Doctor Arthur Boxer testified for the Commonwealth. He stated that he had examined Wise and found that Wise was able to understand the oath, was able to observe events, had an excellent ability to recall past events, and could understand the difference between telling the truth and telling a lie. He concluded that Wise was competent to testify. Based on the testimony adduced at the competency hearing we cannot conclude that the trial court abused its discretion by allowing Wise to testify.*fn6
Appellant's final contention is that the trial court erred by not "specifically advising" the jury concerning the effects of medication Wise was receiving when he testified. Appellant argues that the jury should
[ 466 Pa. Page 487]
have been informed of the witness' "medication record." Appellant also states that he could not "pry the deep recesses of [the witness'] mind . . . because [the witness] was drugged."
We find no merit in these claims which are little more than bald assertions in appellant's brief. Our review of the trial testimony indicates that appellant had ample opportunity to cross-examine the witness concerning his mental condition. The jury was aware that the witness was receiving medication. Appellant was permitted to introduce evidence concerning the witness' condition and treatment.
Appellant cites us to no place in the record, nor are we able to find any place in the record, where he raised this issue to the trial court. Moreover, no point for charge was requested to advise the jury that the witness may have been sedated, nor were objections taken to the instructions given. His broad contentions that he was deprived of the right to effective cross-examination are not supported by the record nor preserved for review by this Court. See Commonwealth v. Clair, 458 Pa. 418, 326 A.2d 272 (1974); Commonwealth v. Carter, 463 Pa. 310, 344 A.2d 846 (1975); Commonwealth v. Mitchell, 461 Pa. 555, 337 A.2d 292 (1975); Commonwealth v. Reid, 458 Pa. 357, 326 A.2d 267 (1974).
Judgments of sentence affirmed.
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Skip to comments.Its Not a Conspiracy Theory It Is Happening Right Now (Police State)
Posted on 05/21/2013 6:46:48 AM PDT by Perseverando
The Posse Comitatus Act of 1878 was originally established to protect American citizens from the federal use of military troops to enforce and execute the laws of the land unless expressly authorized by the Constitution or Congress. Since then, for over a century, this task has fallen upon local and federal law enforcement. But with the War on Terror taking center stage in the United States for the last decade, elements within the government have been working tirelessly to expand the mission of the US military on the domestic front.
First, they passed the Patriot Act, which gave the government sweeping new powers to categorize any individual as a terrorist, whether they are operating on foreign lands or here at home. In 2011, as America brought in the New Year, they signed into law the National Defense Authorization Act, which made it possible for American citizens who were categorized as domestic terrorists under the Patriot Act to be detained and imprisoned indefinitely without charge or trial.
Finally, last week we learned that, as President Obama came under fire for the many scandals rocking his administration, the government was quietly moving to give the Department of Defense unprecedented authority on U.S. soil, effectively nullifying Posse Comitatus.
Eric Blair of Activist Post writes:
First, the senate is debating an expansion of the already broad powers of the 2001 Authorization to Use Military Force (AUMF) so the U.S. can essentially engage any area in the world in the war on terror, including America. Which brings us to the second development: the Pentagon has recently granted itself police powers on American soil.
Assistant Secretary of Defense Michael Sheehan told Congress yesterday that the AUMF authorized the US military to operate on a worldwide battlefield from
(Excerpt) Read more at shtfplan.com ...
This grants the military the power to declare martial law without Congress, president, or local officials.
Wow! Is that the Boston sweep?
tagline update
tagline update
President Obama was right when he said we should reject those voices that warn that tyranny is just around the corner....
because it's here, now.
Has anyone identified that jackass?
If so, we could send him thousands of catalogs of binoculars.
This is the Montgomery co. Texas sheriffs department. Look at the advanced gear, armor vehicle and weapons behind their surveillance drone. Military if ya ask me.
Banana Republic Militaries seem to have a basic right to do so without any legal authorization.
President Obama was right when he said we should reject those voices that warn that tyranny is just around the corner....
I think he was just rapping.
Actually, all joking aside, he was "in cadence".
If the military can act on its own domestically, it's automatic cover for The 0ne. "I did not know..."
Wake-up, the Communist Revolution in America is almost over and they are clearly winning. Will the Tea Party get it when Hussein lines them up against a wall? Can you imagine that if Gen. Patton or MacArthur were alive today that they would be silent about Wahussington. Has our sissy commie cheer-leader so gutted our DoD that hes got bigger balls now than any of the generals that remain? We don't want a Hitler or Nazis but a General Franco may soon be needed. PS: He is maligned by our commie press but he was a reluctant leader who had been exiled to The Canary Islands for speaking out. He was secretly flown back to Spain by the British when the Reds began night executions of conservatives (which finally united the Royalist, the Nationalist, the Catholics, Businessmen and anyone else in fear for their lives).
Patton and MacArthur? You got to be kidding me! Learn your history:
From your link:
[Federal Register Volume 78, Number 71 (Friday, April 12, 2013)]
[Rules and Regulations]
[Pages 21826-21839]
From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2013-07802]
Office of the Secretary
32 CFR Part 182
Defense Support of Civilian Law Enforcement Agencies
AGENCY: Department of Defense.
ACTION: Final rule.
(Lot's of bureaucratic BS, but here's a snippet:
Sec. 182.3 Definitions
The following definitions apply to this part:
Civil authorities. Those elected and appointed officers and employees who constitute the government of the United States, the governments of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, U.S. possessions and territories, and political subdivisions thereof.
Civil disturbance. Group acts of violence and disorder prejudicial to public law and order.
Civilian law enforcement official. An officer or employee of a civilian Federal, State, local, and tribal law enforcement agency with responsibility for enforcement of the laws within the jurisdiction of that agency.
DoD personnel. Federal military officers and enlisted personnel and civilian employees of the Department of Defense.
Domestic emergencies. Emergencies affecting the public welfare and occurring within the 50 states, District of Columbia, Commonwealth of Puerto Rico, U.S. possessions and territories, or any political subdivision thereof, as a result of enemy attack, insurrection, civil disturbance, earthquake, fire, flood, or other public disasters or equivalent emergencies that endanger life and property or disrupt the usual process of government. Domestic emergencies include civil defense emergencies, civil disturbances, major disasters, and natural disasters.
"[[Page 21829]]
Emergency authority. A Federal military commander's authority, in extraordinary emergency circumstances where prior authorization by the President is impossible and duly constituted local authorities are unable to control the situation, to engage temporarily in activities that are necessary to quell large-scale, unexpected civil disturbances because:
(1) Such activities are necessary to prevent significant loss of life or wanton destruction of property and are necessary to restore governmental function and public order; or
(2) Duly constituted Federal, State, or local authorities are unable or decline to provide adequate protection for Federal property or Federal governmental functions.
Explosives or munitions emergency. A situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.
Law enforcement agency. Any of a number of agencies (outside the Department of Defense) chartered and empowered to enforce U.S. laws in the following jurisdictions: the United States, a State (or political subdivision) of the United States, a territory (or political subdivision) of the United States, a federally recognized Native American tribe or Alaskan Native Village, or within the borders of a host nation."
Thugs "escort" reporters through IRS offices:
Yes, that's a Montgomery Co. map on the armored vehicle. I've known they've had that drone for a while but wow. Our relatives there had no clue about the drone and no clue as to the significance.
What a crock of BS. No one was shot, no one was killed a baby died of complications (tear gas) later in a hospital.
Yes. I learned about that in "Unintended Consequences".
Shameful, murderous, and despicable. Sickens me.
Then you learned junk history. That link in a total fabrication. You have to be a complete nut job to fall for it.
When local cops are given military gear and training, then they effectively become military troops.
When local cops' funding is dependent upon federal grants, and those grants are conditional upon local cops obeying federal orders, then they are federal troops in all but name.
The Sheriffs office thought, why don't we hold a photo op of our SWAT capabilities. So, they all gathered together, dressed up in their lil black/olive get-ups, donning all their military toy'z and stuff. Bearcat Armored vehicle in the background.
So, what better way to get the money shot than to fly their newly acquired surveillance drone overhead and capture the inglorious moment.
HOUSTON...we have a problem!!! The operator lost contact with the drone. It began buzzin around out of control, causing Swat dudes to run for cover...and finally crashed into the side of the Bearcat SWAT van.
I thought....wow! It's good day.
Don't most educated people know that; do you think MacArthur, Patton and Eisenhower world be silent and unpatriotic today because they obeyed an order to disperse the Vets in 1932? Don't let that awful event override the point that we are in a very bad situation now with communist running the government and in need of much stronger anti-communist leaders and actions. I could have said Washington and you could have brought up the Whiskey Rebellion of 1791; or Andrew Jackson and you'd said what about the Trail of Tears in 1831; or Thomas Jefferson and you'd bring up Sally. Don't you know how MacArthur and Patton felt about communism.
Sad thing is, probably half of the people on this "freedom" loving site are cool with living in a police state. That is as long as the cat in the white house has the right letter next to his name. Hell, revise that...most of them will bow, stoop and genuflect to anything wearing a shiney badge and a fine hat, regardless of who is in the white house.
I don't mind once believing something that's not true...that's the way of learning, doesn't make me a nutjob.
Be nice if instead of calling names you could show how that's a fabrication...
I'd love for that not to be true actually.
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Johnson's Pasture Trail is a 4.3 mile moderately trafficked loop trail located near Claremont, CA that features beautiful wild flowers. The trail is rated as moderate offers a number of activity options. Dogs are also able to use this trail but must be kept on leash.
dogs on leash
kid friendly
mountain biking
nature trips
trail running
horseback riding
wild flowers
Bring water. If you plan to use this trail as a starting point for exploration, please have a map of the area to help you find your way.
Nicole H.
Enjoyable hike with the dogs
Better walking/hiking
Trail will give you a good little kick. Not a ton to see but great views at certain points. Much better than the "the loop" considering it isn't littered with people.
Well the trail is still closed due to health issues and dangers
temporarily closed due to potential threats to health and or safety and welfare of the public.
The stairs are a little bit of a killer, but no pain no gain.
Beautiful scenic views and plenty of shade. Bring lots of water. Recommended for families.
Directions by GPS dropped me in the middle of a residential neighborhood. Uhhhh, I don't think this is the right place.
Not much to view, but a decent hike when it comes to difficulty.
Not a trail with much to see. If you go to far you run into another trail and if you don't turn around you could easily be doing a 12 mile hike. Don't think I'm going to be doing this one again.
Just completed 3.6 mile loop with Gale Mountain Motorway. Gorgeous views!
@Marc Nitz - I read the signs as permit required FROM DUSK TO DAWN. I and many others parked on the street no problem.
Where is the trailhead for this trail? In the early '90s we could park at the cul-de-sac of Via Santa Catarina off of N. Mountain Ave. (north of Claremont). I drove by there last week and it said "parking by permit only". Why have a TH but require a permit?
Awsome trail!! Happy Happy Happy!!
Hiked this trail for the first time today (7/25/13) with my friend. It was a nice little hike. Good workout but nothing to look forward to. The view is just of peoples backyards. This trail is definitely just for people who seek to get a workout.
Miraculous valley views from the top! Lots of steps & switchbacks. My 5 & 7 year old children complained the entire way up, but it was cake the way down. Near the trailhead their is a great park called Higginbotham Park, with water, clean restrooms & picnic benches. This trail wasn't too crowded & the views made it rewarding! We saw stellar Blue Jays! Summertime the posted hours are until 8pm. Fun family hike! Would also be good for training!
Great hike, tough for novice hikers. I backpack it in about two hours but it can be challenging. I suggest doing it in the morning or evening because it can get really hot on the trail. Great local place to hike.
Andrei V.
I am a hiking novice and completely enjoyed this trail. I and several friends completed this just this past Sunday and was able to complete the hike in 5.5 hours. We could have finished much faster if not for the two German shepherd puppies we brought and of course the occasional stopping for pictures. Overall I think this is a good test trail or the movie hiker. This will open the eyes of a newbie, if he/she will invest on this initially expensive hobby. Will and have recommended already!


text:
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Azahar Hotel: Find photos, reviews, information, amenities and compare prices for 2 stars hotels in Seville, Spain.
Azahar Hotel provides a historic setting when in Seville. It is situated in close proximity to a number of popular bars, clubs and restaurants.
Hotel description
Amenities at Espacio Azahar Hostal Sevilla include luggage store, a tour desk and a 24-hour reception with express check-in/check-out. Airport transfers and a wake-up service are available upon enquiry.
Rooms at Azahar Hotel are spacious and feature a flat-screen TV. Each includes its very own bathroom with a hair dryer, a bathtub and a shower.
A satisfying breakfast is served every morning at Espacio Azahar Hostal Sevilla, and there are numerous cafés and eateries nearby. A refreshing drink can be savoured in the on-site bar.
The hostel is ideally located for discovering Seville with Metropol Parasol, the Museum of Fine Arts of Seville and Palacio de las Duenas within walking distance. It is also within walking distance of Plaza De Armas, Island of the Charterhouse and Seville Cathedral.
Hotel features
Air Conditioned, Hair Dryer, TV, Shower, En suite, Private Bathroom
Business Center, Concierge, Elevator / Lift, 24 Hour Reception, Safe-Deposit Box, Wake-up Service, Photocopier, Ticket Service, Luggage Storage, Designated Smoking Area, Express Check-In/Check-Out
Tour Desk, Bath / Hot Tub
Parking, Airport shuttle
Private Toilet
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Cruces, Seville
Urbany Hostel Seville (Spain)
Calle Doña María Coronel, 12, Seville
Calle Doña María Coronel, 12, Seville
Apartamentos La Casa Del Pozo Santo
Paseo De Extremadura 2, Seville
Paseo De Extremadura 2, Seville
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Rick Steves' Europe
Andalucia, Gibraltar And TangierSeries Website »
Episode Guide »
Exploring Andalucia, we experience the quintessence of Spanish culture. Starting up high, in Spain's whitewashed hill towns, we roll down to the coast to enjoy the windsurfing mecca of Tarifa. Then we catch a bit of Britain on the Rock of Gibraltar, and sail to Africa for a Moroccan finale in Tangier.
CommentsShare your thoughts, questions, and comments on "Rick Steves' Europe" here.
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Lyrics Depot is your source of lyrics to Change Of Heart by Cyndi Lauper. Please check back for more Cyndi Lauper lyrics.
Change Of Heart Lyrics
Artist: Cyndi Lauper
Album: Change Of Heart
Cyndi Lauper
True Colors
Here I am
Just like I said I would be
I'm your friend
Just like you think it should be
Did you think I would stand here andlie
As our moment was passing us by
Oh I am here
Waiting for your change of heart
It just takes a beat
To turn it around
Yes I'm waiting for you change of heart
At the edge of my seat
Please turn it around
Days go by
Leaving me with a hunger
I could fly
Back to when we were younger
When adventures like cars we would ride
And the years lied ahead still untried
While I stand here
Waiting for your change of heart...
Blind leading blind
Never hear the laughter
Search through time
Nothing reveals the answer
If it's truth that you're looking to find
It is nowhere outside of your mind
I bide my time
Waiting for you change of heart...
i know full well as iam being silly little brat some times but i am not going there as some one i know but i can not tell you who it is .
Cyndi Lauper Lyrics
Cyndi Lauper Change Of Heart Lyrics
More Cyndi Lauper Music Lyrics:
Cyndi Lauper - Ballad Of Cleo And Joe Lyrics
Cyndi Lauper - Heading West Lyrics
Cyndi Lauper - Like I Used To Lyrics
Cyndi Lauper - Love To Hate Lyrics
Cyndi Lauper - Maybe He'll Know Lyrics
Cyndi Lauper - Product Of Misery Lyrics
Cyndi Lauper - Sally's Pigeons Lyrics
Cyndi Lauper - Sisters Of Avalon Lyrics


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decided: August 7, 1974.
Seitz, Chief Judge; and Hastie and Aldisert, Circuit Judges. Seitz, Chief Judge, dissenting.
Opinion OF THE COURT
HASTIE, Circuit Judge.
In a proceeding for an arrangement under Chapter XI of the Bankruptcy Act, Tru-Fit Screw Products Corporation has appealed from the district court's order affirming the referee's determination that the lien of a security agreement under which appellant was the secured party did not attach to the debtor's accounts receivable acquired after the date of the agreement.
On May 31, 1971 Middle Atlantic Stud Welding Co., now the debtor, executed a promissory note, two security agreements, and a financing statement in favor of appellant. One of the security agreements, which described various equipment as collateral, secured the amount of the note, and is not in question here. The other granted appellant a security interest in "all Receivables and proceeds thereof as security for the Liabilities". This agreement defined Receivables as "all of Debtor's Accounts Receivable", and Liabilities to mean "any and all indebtedness of Debtor to Secured Party of every kind and description, now existing or hereafter arising". The financing statement mirrored the security agreement.*fn1
The referee and the district court found that appellant and debtor intended the agreement to establish a security interest in after-acquired accounts receivable as well as those in existence on the date of the agreement.*fn2 They found that the parties intended to create and secure a long-term, ongoing, supplier-manufacturer relationship. Both tribunals, held however, that the absence of explicit reference to after-acquired accounts defeated appellant's claimed security interest under the Uniform Commercial Code, § 9-204.
At the time of the transactions now in question, section 9-204(3) of the Code stated, with exceptions not relevant here, that:
". . . a security agreement may provide that collateral, whenever acquired, shall secure all obligations covered by the security agreement."*fn3
Two other Code sections guide proper judgment of the nature of the language necessary so to provide. Section 9-110 states:
"For the purposes of this Article any description of personal property or real estate is sufficient whether or not it is specific if it reasonably identifies what is described."
The Comment advises courts not to require the most exact and detailed description possible, but to be satisfied with a description that enables identification of the intended collateral. More generally, but in the same vein, section 1-102 suggests liberal construction to the end that underlying purposes and policies be promoted, including simplification and clarification of the law and continued expansion of commercial practices. The Comment adds that narrow as well as broad constructions are appropriate, depending upon the purposes and policies involved in a particular issue.
Appellant argues that the agreement designating "all accounts receivable" as collateral reasonably identified after-acquired accounts, and thus complied with the Code requirements.*fn4 We now consider this issue in light of the present commercial practice of accounts receivable financing and possible abuse to which the statute, as appellant would apply it, might be subject.
As the Uniform Commercial Code gained nationwide acceptance much was written by commentators about floating lien financing. DuBay v. Williams, 9th Cir. 1969, 417 F.2d 1277, 1280 n. 2 (collecting commentary). The practice seems both familiar and important in the commercial world. E.g. Henson, "Proceeds" Under The Uniform Commercial Code, 65 Colum. L. Rev. 232 (1965); Coogan & Gordon, The Effect Of The Uniform Commercial Code Upon Receivables Financing -- Some Answers and Some Unresolved Problems, 76 Harv. L. Rev. 1529, 1530 n. 2. (1963). Certainly current commercial practice makes wide use of floating lien financing on inventory and accounts receivable. A seller who contemplates a long term relationship often will extend credit in return for a lien on buyer's inventory and receivables. The scheme is likely to contemplate that day to day extension of credit be secured by day to day receivables. Because the identity of the latter is in flux, the lien may be intended to float from today's receivables to tomorrow's.
There is thus a rational basis for appellant's premise that many persons, on reading that the collateral for the security agreement at bar is "all accounts receivable", would be alerted that the parties may well have intended to include after-acquired accounts. That thought could be reinforced in this case by observation that the agreement explicitly secures after-arising liability.*fn5 Thus, it is arguable that this particular agreement reasonably identifies after-acquired accounts receivable as part of the collateral. Indeed, in rather similar situations two courts of appeals have affirmed with little discussion district court decisions for the secured creditors. In re Nickerson & Nickerson, Inc., 8th Cir. 1971, 452 F.2d 56, affirming D. Neb., 329 F. Supp. 93 (floating lien on inventory); In re Fibre Glass Boat Corp., 5th Cir. 1971, 448 F.2d 781, affirming, S.D. Fla., 324 F. Supp. 1054 (inventory). In re Mitchell v. Shepherd Mall State Bank, 10th Cir. 1972, 458 F.2d 700, cited by appellees, is distinguishable because it did not involve after-acquired property at all.
On the other hand, it is neither onerous nor unreasonable to require a security agreement to make clear its intended collateral. This position does not require the most exact and detailed description possible, but only a clear designation of any class of items intended to be collateral. The general prohibition in pre-Code law on including after-acquired property as collateral heightens the sense of such a rule because, commercial practice of including after acquired property in collateral notwithstanding, a subsequent lender might expect the parties to make explicit an intention to include this kind of property, both for precision and because of the law's historic hostility to such arrangements.
Further, a decision for appellant might well facilitate at least some abuse. Although it may be true that many, perhaps most, prospective lenders, on reading the present agreement, would obtain an unambiguous explanation of its full meaning from the secured party, some might be misled and proceed without inquiry. The ease with which a secured party could eliminate the danger of misleading any reasonable subsequent lender suggests that in administering the Code the courts should require him to do so.
A requirement that intended inclusion of after-acquired accounts receivable be unambiguously expressed will not significantly conflict with any important Code policies, and will support some. It will produce simpler, clearer and more certain law for all parties.
This appeal involves a question as yet infrequently adjudicated. Hence, our decision here cannot disturb any generally understood judicial interpretation of the Code. Affirmance will not require a return to the law of magic words. Neither will it go to the opposite extreme of flexibility urged by the appellant. It will be in keeping with the observation in the Comment to Section 1-102, supra, that a degree of strictness in construction, as well as flexibility has proper application under the Code.
Last, this decision respects reasonable commercial need and expectation. The validity of after-acquired property clauses is recognized. Only the implication of such a clause through ambiguous language is rejected. It is hard to see how much implication would promote satisfactory conduct of business affairs. Moreover, there is a logical trap regarding reasonable commercial expectation in this context: given the law's relatively recent hostility to after-acquired property clauses one might reasonably expect an express statement of any such intent and, in the absence of such a statement, might reasonably conclude that in the bargaining process the parties agreed not to encumber after-acquired accounts.
The judgment will be affirmed.
SEITZ, Chief Judge, dissenting.
The majority holds that a secured party obtains no security interest, as against third parties, in the debtor's accounts receivable acquired after execution of a security agreement and filing of a financing statement absent an explicit declaration of such interest's creation in the documents. Requiring a security agreement explicitly to declare the parties' creation of a security interest in after-acquired property of many types both simplifies interpretation of such agreements and insures third parties of adequate notice of the extent of a perfected security interest in the debtor's property. I dissent, however, because I believe that the agreement involved here sufficiently notified interested persons that the Secured Party had a perfected interest in "all of Debtor's Accounts Receivable," including after-acquired accounts.
Financing of inventories and of accounts receivable has for years been the particular province of the "floating lien." Fluid financing arrangements in these areas are obviously necessary because the nature of specific inventory items or accounts is likely to vary daily, although the total value of a business' inventory or accounts may remain reasonably stable for long periods. It would, thus, be commercially reasonable to anticipate, unless the financing statement indicated otherwise, that security interests in inventory or accounts would include after-acquired property, even though the presumption would be reversed for other property.
The Code generally mandates that courts interpret its provisions in light of what is commercially reasonable. 5A Del. C. § 1-102. This general direction is incorporated into the provisions dealing with secured transactions by making any description that reasonably identifies the collateral sufficient description for a Security Agreement, 5A Del. C. § 9-203, Del. Study Comment; see also 5A Del. C. §§ 9-110, 9-402, and allowing a financing statement substantially complying with the requirements of § 9-402 to be effective even though it contains minor, not misleading errors. Del. C. § 9-402(5).
In line with the mandate of the UCC that it be given a commercially reasonable interpretation I would not read the Code as requiring an explicit statement to perfect an interest in after-acquired inventory or accounts, even though the requirements may not seem onerous to this Court -- the Code enjoins courts to interpret its provisions in a commercially reasonable manner rather than to require businessmen to follow judicial decisions and comply with them so long as they are not onerous. We deal in commercial litigation with matters of contract; few requirements will be onerous in themselves, but we cannot reasonably expect businessmen to fulfill the onerous task of familiarizing themselves with all the pertinent case law before taking any action in the conduct of their businesses.
To justify the imposition of its explicit declaration requirement, the majority relies on pre-Code hostility to the use of after-acquired property as collateral. Whatever hostility existed prior to the UCC is irrelevant to our decision. The Code clearly authorizes security interests in after-acquired property and abolishes many of the technical rules of pre-Code law. The Financing Statement and Security Agreement make debtor's receivables security for its liabilities to the secured party. They define "Receivables" to mean "all of Debtor's Accounts Receivable" and "Liabilities" to mean "all indebtedness of Debtor to Secured Party . . . now existing or hereafter arising." I would find, and I believe the pertinent state court would conclude, that under the UCC this language adequately notifies interested parties that the secured party had an interest in literally all debtor's accounts receivable, including after-acquired accounts.
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I've liked this quote lately. To me it is a reminder to keep pushing myself towards all of the 'mountains' in my life. Losing my baby has been really hard. And with my son's 3rd birthday coming up, I being the weirdo that I am, am feeling sad because I had envisioned being pregnant for this event.