text:
Suspect In Custody in Little Girl's Death
Got him!
San Antonio Police late Friday arrested Isidro Espinosa-Solis, 39, the man charged with running over and killing a nine year old girl on the city's north side on Wednesday, 1200 WOAI news reports.
The break in the case was the discovery early Friday of the pickup that officers say Espinosa-Solis was driving when he ran over Tatyana Babineaux as she dashed across Braesview Drive on her way to school Wednesday morning.
Acting on tips from citizens and description from citizens of the vehicle which ran over the girl and then sped away, officers early Friday located the pickup stashed behind a home on the city's south side.
Officers were then able to trace the registration records on the truck, and that led them to Espinosa-Solis, and police confirmed late Friday that he was in custody.
Espinosa-Solis is expected to face felony charges of failure to stop and render air, and he could be charged with vehicular manslaughter.


text:
Premier League: Queens Park Rangers boss Harry Redknapp close to signing new deal
Last Updated: 29/08/14 1:00pm
Harry Redknapp has revealed he is on the verge of signing a new contract with QPR and rubbished speculation his job is under threat after the club's poor start.
QPR have failed to take a single point from their opening two Premier League games, losing 1-0 at home to Hull City on the opening day and suffering a heavy 4-0 defeat at Tottenham last week.
Despite this, Redknapp insists he has the complete backing of club chairman Tony Fernandes and is certain he will both sign a new deal in the very near future and succeed in keeping the club in the Premier League.
"It's absolute rubbish, we've played two games, he (Fernandes) wants me to sign a two-year extension," added Redknapp.
"He's been asking me for a little while but we've just not got around to doing it. Maybe today if they put it in front of me, I'll sign it. If not, next week.
"I wanted to come back into the Premier League, I want to stay here and I will stay here this year - we'll stay up."
Although the 67-year-old admitted earlier in the summer he would have retired if he had not succeeded in getting the club promoted last season, he insists his hunger remains strong.
Redknapp said he will sit down with Fernandes over the coming days to sign his new deal and such is his trust in his chairman he said he may not even bother to read it first.
"Maybe [I'll sign] today or tomorrow, whenever," he said.
"It's there, Tony's offered me an extension for two years and I'll sign it. I haven't read it, I probably won't read it, I'll just sign it."

subset: commoncrawl


text:
Feb. 11 2008
GENEVA, SWITZERLAND — Beginning here today, more than 150 countries will launch negotiations on an historic international treaty to combat smuggling, counterfeiting and other illicit trade in tobacco products – a global problem that funds organized crime and terrorist organizations, costs governments billions in revenue and undermines efforts to reduce tobacco use and save lives.
Unfortunately, the United States will not have a seat at the table in these negotiations despite its significant interests in the outcome. That is because the U.S. has abdicated its leadership in the global fight against tobacco use by failing to ratify the World Health Organization tobacco control treaty, the Framework Convention on Tobacco Control (FCTC). The new treaty governing tobacco smuggling and counterfeiting will be negotiated as a critical supplement to the existing tobacco control treaty, which has been ratified by more than 150 nations. The U.S. cannot participate as a full party in the coming negotiations until it ratifies the existing treaty.
By failing to ratify the treaty and not being a party to these negotiations, the U.S. is leaving its own borders more vulnerable and sending a message to the rest of the world that the wealthiest and most powerful nation is failing to address a global tobacco epidemic that kills 5.4 million people worldwide each year.
Cigarettes are the world's most widely smuggled – but otherwise legal – consumer product. Experts have estimated that, in 2006, illicit trade accounted for 10.7 percent of global cigarette sales, or about 600 billion cigarettes. The global scope and multifaceted nature of the problem requires a coordinated international response. There are several aspects to the problem:
The existing treaty obligates ratifying countries, which now number more than 150, to implement effective measures to reduce tobacco use including: higher tobacco taxes; bans on advertising, promotion and sponsorship; smoke-free workplaces and public places; and stronger health warnings. The importance of these public health measures was reinforced by a WHO report on the global tobacco epidemic released just last week.
The upcoming negotiations are critical to global health and global development. The number of deaths from tobacco is projected to rise to more than eight million by 2030, with more than 80 percent of these deaths in developing nations. By effectively implementing proven tobacco control measures, and negotiating and implementing a strong illicit trade treaty to prevent the undermining of these measures, nations can reverse the tobacco epidemic and save countless lives.
United States
Becky Wexler
Caroline Renzulli


text:
Full Terms & Conditions:
1. Prize: 3 individual entrants will win STIHL tools and accessories of their choice worth a combined value of up to £1000. Prize must be redeemed before 31st March 2014.
2. Entry: entrants must be aged 18 and over and from GB, IOM or Channel Islands (excludes NI).
3. Opening Date: 01st September 2013.
4. Draw Date: 23rd December 2013.
5. Closing Date: midnight on 30th November 2013.
6. Dealers must ensure that all forms are returned to STIHL competition, FREEPOST SL2009, Maidenhead, SL6 7XL by 13th December 2013.
7. This Prize Draw excludes employees of ANDREAS STIHL Ltd., or any of its subsidiary companies, their families, agents or anyone else connected with this promotion. No third party entries, bulk entries or entries submitted by agents will be accepted. ANDREAS STIHL Ltd. reserves the right to verify the eligibility of entrants.
8. Only one entry per household is allowed.
9. The Prize Draw runs during the Prize Draw Dates until the specified Closing Date. Entries received after this date and time will not be entered into the Prize Draw.
10. The winners will be selected at random from all eligible entries received. The winners will be notified by the 23rd December 2013 either by email, mail or telephone. The prize is awarded conditionally upon acceptance and if a winner is unable to be contacted after a reasonable period or if any prize is unclaimed or declined within a reasonable period, the prize shall be deemed as unclaimed or unaccepted and a supplementary winner may be drawn.
11. ANDREAS STIHL Ltd. will not be responsible for any inability of a prize winner to take up the specified prize.
12. ANDREAS STIHL Ltd. assumes no responsibility and is not liable for any costs, charges or expenses which winners may be required to pay at any time in connection with a Prize.
13. Cash or credit alternatives will not be offered. The prize is not transferable.
14. In the event of fraud, abuse, and/or an error affecting the proper operation of this Prize Draw, ANDREAS STIHL Ltd. reserves the right to end or suspend the Prize Draw; amend these terms & conditions; declare void the notification of the winner; and/or to allocate available prizes by conducting a simple draw from all wrongly allocated winners.
15. If any provision of these terms and conditions is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.
16. The winner may be required to participate in publicity connected with this Prize Draw and it is a condition of entry that the winner agree to their name and country of residence being made publicly available if they win.
17. The name of the winner may be obtained by sending a signed handwritten request along with a stamped self-addressed envelope detailing your request to the Marketing Team, ANDREAS STIHL Ltd. STIHL House, Stanhope Road, Camberley, Surrey, GU15 3YT, UK.
18. Entrants' data will be collected, stored and processed for the purposes of administering and assessing this Prize Draw. Any personal data relating to Competition entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant's consent.
19. ANDREAS STIHL Ltd. decision is final and no correspondence will be entered into.
20. ANDREAS STIHL Ltd. reserves the right to suspend, cancel or amend the promotion and/or review and revise these terms and conditions at any time without giving prior notice and by continuing to take part in the promotion subsequent to any revision of these terms and conditions, entrants shall be deemed to have agreed to any such new or amended terms.
21. This promotion is governed by English Law and is subject to the exclusive jurisdiction of the English courts.
22. The promoter of this Prize Draw is ANDREAS STIHL Ltd. STIHL House, Stanhope Road, Camberley, Surrey, GU15 3YT, UK.


text:
At first glance, Callie Mitchell's road from past to present seems like just another success story.
Mitchell graduated from The University of Tulsa in 1977, she took her
bachelor's degree in business management and - like thousands of other
newly-minted college grads - struck out on her own to find employment
in her chosen industry. And like thousands of other smart, driven,
high-achieving types, success and accolades soon followed.
that's where the similarities end. Now the vice president of enterprise
services for the Williams Companies, Mitchell has carved out a 30-year
career in the male-dominated, rough-and-tumble world of the oil and gas
"In the late '70s it was tough on all women in any
industry," recalls Mitchell. "But I went into an industry where I was
one of three, maybe four women in my area. I learned quickly to
understand the differences between the guys who had been in the
industry 30 or 40 years, and myself, a woman just out of college."
For Mitchell, it was just one more challenging opportunity in a career full of them.
was able to start at a time when women could really make a difference,
and not just in this industry," says Mitchell. "The whole world was
changing its viewpoint on diversity, not just toward women but also
with different ways of looking and thinking about everything. And I was
also blessed with great bosses and mentors."
For Mitchell,
the skills necessary to navigate the sometimes-treacherous waters of
the energy industry were honed during her time at TU. Mitchell, who
grew up in Minnesota and Illinois, came to TU, having never before seen
"I came down here and just fell in love with the
place," she recalls. "The city, the school, everything. Tulsa was
probably the best thing to have happened to me at that time to prepare
me for my career. It was small, they treated everyone equally, and they
instilled a sense of confidence in us that I didn't see the big state
schools doing for my friends."
Mitchell majored in business
management, graduated in 1977 and attended graduate school for a year
until she got her first shot at a job with Mid-America Pipeline, a
Tulsa-based natural gas liquids pipeline company. From there, she went
to work for a natural gas liquids trading company before becoming part
owner of a marketing company.
Along the way, Mitchell managed
to juggle family and career with equal aplomb. She met and married
husband Murphy (BA '77), a "huge TU fan" and football letterman, while
at TU and raised two daughters.
"I actually kind of retired
with my girls a couple times," Mitchell says. "But eventually I ended
back at Getty, which subsequently was bought out by Texaco."
stayed with Texaco for almost 11 years, but after a transfer to
Houston, Mitchell knew what she really wanted was to come home to
Tulsa. When a job with Williams came open, she jumped at it.
"The rest," she says, "is history. I've been here almost 11 years."
her job as vice president of enterprise services - a position she's
held for four years - Mitchell oversees a corporate group with
approximately 100 employees, a budget of million and responsibilities
that include the company's real estate, supplier contracts and
community relations. She also serves as president of the Williams
Foundation, the company's philanthropic organization.
For her many accomplishments, Mitchell was named a 2006 TU Distinguished Alumna, an honor she holds as dear as any she's earned.
was really surprised and honored to be named one of the three
distinguished alumni," says Mitchell. "I didn't know anything about it.
They surprised me at a luncheon."
Mitchell says while some
may see the award as an affirmation of a successful career, she sees it
more as an affirmation of her love for TU.
"Now that I'm at a
point in my career where I can do more for TU, I want to be involved
more," she says. "The bottom line is that I love the school and I love
Tulsa. We have a lot of partnerships going on with the University, and
I want to continue those endeavors."
In essence, says Mitchell, the award says just as much about TU as it does about her.
the '70s there were a whole bunch of very successful women that TU
cranked out," recalls Mitchell. "I think it was just the magic of that
time, the sense of possibility. We were very lucky."
As for any future distinguished alumni still to achieve greatness, Mitchell has a few words of advice:
been a neat ride to have lived through and experienced almost 30 years
of the evolution of this industry," says Mitchell. "It's a roller
coaster. It can be frustrating, but the good news is it makes you
stronger, it makes you wiser, and you learn who your friends are. I
work with these young kids just out of college and tell them 'enjoy
this - savor every moment of it.'"


text:
The sale proceeds will be used to pay down Axiom's debt.
Axiom had a half-interest in two separate sites that make up the Gepps Cross Centre, Australia's largest bulky goods centre, which is spread across 62,000 square metres.
One Gepps Cross site was in joint venture with
This sale accounts for the former site, meaning Harvey Norman owns half and interests associated with Mr Harvey will own the other half; settlement is expected in December.
"It was part of our divestment strategy to deal with our overall debt position," Axiom managing director
At the end of the 2010 financial year, the company had breached conditions on a $54 million
The group had previously flagged it would either divest part of its investment or recapitalise to remedy the breach.
The centre opened in June 2009 and Mr Laurance said it "trades exceptionally well". But he said it was tough to derive a yield given the structure of the deal.
"The price reflected the quality of the asset, the location and the mix of tenants," Mr Laurance said.
The centre being sold is tenanted by major national retailers such as Harvey Norman, Spotlight, Nick Scali, Forty Winks, Radio Rentals and BCF; it opened in June, 2009.
The site in which Axiom retains a half-interest includes major retailers such as The Good Guys, Toys 'R' Us, Rebel Sport and JB Hi-Fi.
The Gepps Cross transaction marks the latest in a string of asset sales for Axiom.
"We get superior returns from development than [from] investment," Mr Laurance said.
During the 2010 financial year, Axiom sold its share in The Age's headquarters in Melbourne for $8 million to joint venture partner ISPT. The project partners also sold the residential component of the project for $17 million.
Building A at Axiom's Worldpark development in South Australia has undergone a sales campaign, which Mr Laurance said had been successful. The company is yet to announce a sale.
"The company is now positioning itself for a positive start to the projects that it has in the pipeline, where it can focus on delivering superior returns for its shareholders," Axiom said last week.
Axiom struggled significantly before being recapitalised by private property development company Pivot Group in 2006.
Now under the control of members of the Laurance family – who own Pivot – Axiom has diversified its holdings.
But in fiscal 2010, Axiom delivered a $13.74 million loss. Net tangible asset backing also dropped from 5.26¢ to 2.27¢ as the company offloaded assets.
The Australian Financial Review


text:
Dark Chocolate Truffle Tarts
READY IN: 1hr 20mins
Recipe by Baby Kato
These rich, little treats are wonderful, double the recipe, you will be wishing that you had. These are best eaten warm.
Top Review by djmastermum
I did cheat a wee bit by using a packet chocolate cake mix to make the base by adding melted butter that. The finished tart ..... A rich ... Really rich, and creamy tart. You will want a coffee with this :-) Recipeapped for the Zaar recipe swap #17, June 2008
See Discussion:1 Review
Ingredients Nutrition
- 1 1⁄2 cups all-purpose flour
- 2 1⁄2 tablespoons white sugar
- 3 tablespoons unsweetened cocoa powder
- 1⁄3 cup unsalted butter, cold, cubed
- 1⁄4 cup whipping cream
- 1⁄4 cup brazil nut, finely chopped
- 2⁄3 cup whipping cream
- 1 jumbo egg
- 4 ounces bittersweet chocolate, good quality, chopped
- 1 tablespoon orange liqueur, grand marnia cream
Directions See How It's Made
- To make the tart shells, combine the flour, sugar and cocoa, mix well.
- Next add the butter cubes and mix until the mixture resembles fine crumbs.
- Add the cream slowly and work until dough forms.
- Press dough into tart shells or mini muffin pans and prick the dough with a toothpick.
- Let rest in fridge for 30 minutes.
- Preheat oven to 350 degrees and bake the tart shells for 12 - 15 minutes.
- Let the shells cool a little in pans, once they are firm enough to handle take the shells out of the pans and finishing cooling on racks.
- In a small sauce pan, slightly heat the cream over medium heat.
- In a small bowl whisk the egg, then slowly add half the warm cream to the egg mixture, next you will add the warm egg cream mixture to the rest of the warm cream.
- Cook over medium heat for two minutes, stirring constanly, until thickened , do not allow to boil.
- Remove the saucepan from the heat and add the bittersweet chocolate and the orange liquer, to the mixture, stirring until smooth.
- Place half of the finely chopped brazil nuts into the tarts shells.
- Pour the chocolate filling in the shells over the nuts .
- Bake in a 350 degree oven for 5 minutes.
- Finally sprinkle the remaining brazil nuts on the warm tarts and enjoy.


text:
Need Appliance Repair Help? Ask a Technician for Answers ASAP
the sticker says both numbersTFX25KR and TFX22KR
on the orginal paper work it says Ro1 213-748 TFX25KRCWW 25 CU FT SXS
To order your replacement part >>>>> CLICK HERE <<<<< To order your replacement part.
I would like to earn your highest rating, are you totally satisfied with my answer? If not please reply to me with your concerns or additional questions. If I have answered your questions to your satisfaction, please don't forget to rate me before you leave.
It was my pleasure helping you today. Feel free to get back to me here at any time if you have additional questions at no further charge. Sometimes I will have to give bad news, Please try to find it in yourself to rate me for the service not the bad news.
Please also remember if you have future questions regarding a faulty appliance, You can request me personally to assist you with the problem :)Thanks!Mike.


text:
tag:blogger.com,1999:blog-12411922.post111439613675553570..comments2017-07-26T16:25:33.141-06:00Comments on Kalyn's Kitchen®: Low-Carb Stuffed Peppers with Turkey Italian Sausage, Ground Beef, and MozzarellaKalyn Dennyhttp://email@example.com:blogger.com,1999:blog-12411922.post-85448520181917217212016-12-29T23:18:08.505-07:002016-12-29T23:18:08.505-07:00Thanks for sharing!Thanks for sharing!Jamie Vhttps://firstname.lastname@example.com:blogger.com,1999:blog-12411922.post-55433341691316992562015-12-06T15:50:23.335-07:002015-12-06T15:50:23.335-07:00How fun; I hope everyone enjoys them!How fun; I hope everyone enjoys them!Kalyn Dennyhttps://firstname.lastname@example.com:blogger.com,1999:blog-12411922.post-61885917331270837822015-12-06T15:37:24.885-07:002015-12-06T15:37:24.885-07:00Just took these out of the oven. Look and smell am...Just took these out of the oven. Look and smell amazing!!! My 18 and 14 year old boys are hovering like vultures, waiting for them to cool off :-)Funshinehttps://firstname.lastname@example.com:blogger.com,1999:blog-12411922.post-75347450812973453162013-11-25T06:23:20.448-07:002013-11-25T06:23:20.448-07:00Hi Michael, I'm recommending the turkey sausag...Hi Michael,
I'm recommending the turkey sausage as a lower-fat option, but for flavor I think traditional Italian sausage made with pork would taste great here. Hope you enjoy!Kalyn Dennyhttps://firstname.lastname@example.com:blogger.com,1999:blog-12411922.post-70906727961139606972013-11-25T04:10:00.698-07:002013-11-25T04:10:00.698-07:00Can you recommend an alternative to turkey sausage...Can you recommend an alternative to turkey sausages? I can't find turkey sausages here in Holland, they only seem to have beef and pork sausages!Michael Corroonhttps://firstname.lastname@example.com:blogger.com,1999:blog-12411922.post-29759741187297826932013-10-08T06:18:14.559-06:002013-10-08T06:18:14.559-06:00Donna, what a fun story. This is one of my person...Donna, what a fun story. This is one of my personal faves too!Kalyn Dennyhttps://email@example.com:blogger.com,1999:blog-12411922.post-1909763950843555362013-10-08T02:49:40.877-06:002013-10-08T02:49:40.877-06:00THIs is one of my all time favorite KK recipes - a...THIs is one of my all time favorite KK recipes - and stuffed peppers has a history in our family: I made these all the time when I was first married. My hubby was so sweet he ate them and complimented me. The, my mother in law told me he HATES bell peppers. He was just too sweet to tell me!Donnahttps://email@example.com:blogger.com,1999:blog-12411922.post-7069257043204633642013-10-06T10:54:04.540-06:002013-10-06T10:54:04.540-06:00PennyAnn, I guess I don't, but the filling fro...PennyAnn, I guess I don't, but the filling from this recipe for Vegetarian Stuffed Zucchini would be delicious in peppers.Kalyn Dennyhttps://email@example.com:blogger.com,1999:blog-12411922.post-71092128279820584802013-10-06T10:48:43.766-06:002013-10-06T10:48:43.766-06:00Do you have a meatless recipe for stuffed peppers?...Do you have a meatless recipe for stuffed peppers? PennyAnnhttps://email@example.com:blogger.com,1999:blog-12411922.post-38090928718515624192013-09-21T00:01:22.525-06:002013-09-21T00:01:22.525-06:00Lee Ann, yes cook the peppers as per the recipe, t...Lee Ann, yes cook the peppers as per the recipe, then freeze. Thaw in the fridge if you can and reheat in a microwave. You can cook a few of them for a slightly shorter time if you want them a little crisper after they've been frozen.Kalyn Dennyhttps://email@example.com:blogger.com,1999:blog-12411922.post-13208987939567008492013-09-20T22:15:24.831-06:002013-09-20T22:15:24.831-06:00If I want to freeze some of the peppers do I go ah...If I want to freeze some of the peppers do I go ahead and cook them first and then just email@example.com:blogger.com,1999:blog-12411922.post-12056990927428184052013-05-24T06:53:18.880-06:002013-05-24T06:53:18.880-06:00Dina, glad you enjoyed it!Dina, glad you enjoyed it!Kalyn Dennyhttps://email@example.com:blogger.com,1999:blog-12411922.post-48809625662736850192013-05-24T00:57:58.403-06:002013-05-24T00:57:58.403-06:00I just made these and the flavor was so good. I h...I just made these and the flavor was so good. I had some leftover roasted cauliflower that I didn't want to go to waste, so I chopped it up like "rice" and stirred it in. Yum. I did find that I had way too much filling for the six peppers (even if I had left out the cauliflower, it only ended up being about a cup). The filling is really good on its own, so I enjoyed it that way. I just don't ever want anything to go to waste! Thank you so much for your incredible site. It's such a great resource!Dina Holtonhttps://email@example.com:blogger.com,1999:blog-12411922.post-25653155147143344282013-05-05T15:25:58.394-06:002013-05-05T15:25:58.394-06:00Cristin, glad you are enjoying it, and I think chi...Cristin, glad you are enjoying it, and I think chicken sausage would be just fine.Kalyn Dennyhttps://email@example.com:blogger.com,1999:blog-12411922.post-63369297324726781292013-05-05T15:18:45.862-06:002013-05-05T15:18:45.862-06:00This easily became a meal on our regular rotating ...This easily became a meal on our regular rotating menu - and I always make a little extra so my hubby can take a pepper with him on his weekly out-of-town job. I just bought some ground hot Italian CHICKEN sausage...but I don't know how to use it. Would that work fine in here?Cristinhttps://email@example.com:blogger.com,1999:blog-12411922.post-6189880740708592452013-02-02T08:32:42.275-07:002013-02-02T08:32:42.275-07:00Yes, I would thaw and then microwave.Yes, I would thaw and then microwave.Kalyn Dennyhttps://firstname.lastname@example.com:blogger.com,1999:blog-12411922.post-88722618445281910692013-02-01T22:25:01.421-07:002013-02-01T22:25:01.421-07:00Oh - and we used 2 red, 2 green, and 2 yellow pepp...Oh - and we used 2 red, 2 green, and 2 yellow peppers...it made for a beautiful dish!Cristinhttps://firstname.lastname@example.com:blogger.com,1999:blog-12411922.post-21374393478850918992013-02-01T22:23:26.065-07:002013-02-01T22:23:26.065-07:00I don't cook what I don't like - peppers b...I don't cook what I don't like - peppers being on that list - so my husband has suffered greatly. I knew this would delight him, and of course it did (he suggested I make this often). Next time I'll probably chop up more of the peppers and do more of a casserole style for me & the kids while hubby gets the actual stuffed peppers. My only question...I put one pepper in the freezer. How do you usually reheat? Do you thaw first and then microwave?Cristinhttps://email@example.com:blogger.com,1999:blog-12411922.post-38850320468871946022012-11-05T18:50:49.628-07:002012-11-05T18:50:49.628-07:00They microwave well between 2 glass plates. My so...They microwave well between 2 glass plates. My son loved them so much he ate both of his in 1 sitting, my husband and I had our 2nds for lunch today. They are really good. I did half the cheese though. I have been trying to stay away from overdoing dairy. The only suggestion I have is if you are wanting to serve many people use small bell peppers so that you have enough filling for them all. This made enough to fill 6 large or 8 small (I think) peppers. Yum Yum!Frustrated Mommahttps://firstname.lastname@example.com:blogger.com,1999:blog-12411922.post-56337502311305964692012-10-30T09:44:45.185-06:002012-10-30T09:44:45.185-06:00Katherine, you could definitely make ahead and fre...Katherine, you could definitely make ahead and freeze. I would thaw them in the fridge while you're at work, then reheat in a casserole dish that's covered with foil at about 375F. I could only guess at how long it would take, but probably at least 30 minutes if they're cold from the fridge. (Start checking after 20 minutes and check every 10 minutes or so until they're hot.)Kalyn Dennyhttps://firstname.lastname@example.com:blogger.com,1999:blog-12411922.post-38648537270454862752012-10-30T09:38:42.313-06:002012-10-30T09:38:42.313-06:00I cant wait to try this recipe! Looks amazing! Qui...I cant wait to try this recipe! Looks amazing! Quick question though, my boyfriend and I work nights, so I think this would be the perfect dish to make and have waiting in the freezer when we get home but how do you reheat it and for how long? Thanks so much!Katherine Footehttps://firstname.lastname@example.com:blogger.com,1999:blog-12411922.post-85211152221832438572012-09-26T20:27:45.903-06:002012-09-26T20:27:45.903-06:00Good idea!Good idea!Kalyn Dennyhttps://email@example.com:blogger.com,1999:blog-12411922.post-68284506353544963532012-09-26T18:38:03.240-06:002012-09-26T18:38:03.240-06:00I put the peppers in an large muffin pan. Works o...I put the peppers in an large muffin pan. Works out perfect!!! Yummmm!!!Gossip Ghttps://email@example.com:blogger.com,1999:blog-12411922.post-40570929871630478562012-06-06T07:50:35.881-06:002012-06-06T07:50:35.881-06:00Amanda, I haven't tried it in a crockpot. I t...Amanda, I haven't tried it in a crockpot. I think it would work, but the cheese wouldn't brown so they might not look quite as good.Kalynhttps://firstname.lastname@example.com:blogger.com,1999:blog-12411922.post-80311436485708322152012-06-06T06:42:31.449-06:002012-06-06T06:42:31.449-06:00Do you think this will work in a crockpot? I'm...Do you think this will work in a crockpot? I'm currently making your basalmic onion potroast and my mouth is watering when I catch a whiff of it cooking.Amanda McGinnisshttps://firstname.lastname@example.com


text:
|This was taken in the impressive Butterfly house at Chester Zoo, where there was a great array of butterflies and caterpillars dotted around the enclosure as I explained with the shot from 2 posts ago. I flipped this shot around, as he was originally hanging upside down, but I wasn't 100% happy with the composition like that. I prefer it like this.
Canon EOS 5D
1/250 sec
Flash: Not Fired


text:
Marcus Mojo, Brody Wilder, Johnny Torque, Campbell Stevens, Rod Daily, Donny Wright
Cody Cummings, Adam Wirthmore, Vance Crawford, Brec Boyd, Jay Cloud, Dylan Hauser, Parker London, Marko Lebeau, James Jamesson, Tyler Torro
Gavin Waters, Aryx Quinn, Noah River, Taylor Pierce
Mason Wyler, Spencer Reed
Cody Cummings, Mason Wyler
Cody Cummings, Brandon Lewis
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Dacetini, Myrmicinae, Formicidae, Hymenoptera, Insecta, Arthropoda, Animalia
Costa Rica: southern Pacific lowlands (19km south Ciudad Neily).
Apical fork of mandible with a single intercalary tooth; mandible with two conspicuous preapical teeth; mandible extremely long, longer than head; gaster smooth and shiny; specialized humeral hair short, broadly spatulate, curved posteriorly and closely applied to the surface; dorsolateral margin of the head close to the apex of the scrobe without stiff projecting hair. Also see Bolton (2000:533).
Head length 0.77mm, mandible length 0.82, CI 77, MI 106 (n=1).
Natural History
Brown and Wilson (1959) summarize the genus as follows:
"Widespread in tropics and warm temperate areas. Primarily forest-dwelling; some species occur in grassland and arid scrub. ... Nests mostly in soil and rotting wood; a few species live in arboreal plant cavities in tropical rain forest. Foraging hypogaeic to epigaeic-arboreal. Food: most species are collembolan feeders; a few are polyphagous predators or occasionally feed on sugary substances..."
Members of the genus are all predaceous, with a kinetic mode of attack (Bolton 1999).
This species is known only from the types.
Selected Records
Winkler sample 19km S Ciudad Neily.
Literature Cited
Bolton, B. 1999. Ant genera of the tribe Dacetonini (Hymenoptera: Formicidae). J. Nat. Hist. 33:1639-1689.
Bolton, B. 2000. The ant tribe Dacetini, with a revision of the Strumigenys species of the Malagasy Region by Brian L. Fisher, and a revision of the Austral epopostrumiform genera by Steven O. Shattuck. Memoirs of the American Entomological Institute 65:1-1028.
Brown, W. L., Jr., Wilson, E. O. 1959. The evolution of the dacetine ants. Quarterly Review of Biology 34:278-294.
Page author:
John T. Longino, The Evergreen State College, Olympia WA 98505 email@example.com
Go to Ants of Costa Rica Homepage


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Automation of Central Excise and Service Tax (ACES) - (22-03-2010)
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Central Board of Excise and Customs has introduced "Automation of Central Excise and Service Tax" (ACES) to improve tax-payer services. ACES is a centralized web based application which enables the assesses to electronically interface with the department. It aims to reduce paperwork, manual interface, transaction costs and increase accountability, efficiency and transparency.
With the launch of ACES, assessees will be able to file, online, registration requests, amendment applications and track them; file returns, refund claims, various intimations and view records online.
CBEC has issued Notification No. 04/2010 CE (N.T.) which has modified the Central Excise Rules, 2002 and made electronic filing of returns and e-payment mandatory for those assesses who have paid a total excise duty of Rs.10,00,000 or more including the amount paid by utilization of CENVAT credit, in the preceding financial year. Similarly, Notification No. 01/2010 ST dated 19.02.2010 has modified the Service Tax Rules, 1994 and made the electronic filing of returns and e-payment mandatory for those assesses who have paid a total service tax of Rs.10,00,000 lakh or more including the amount paid by utilization of CENVAT credit, in the preceding financial year. The modification in the Central Excise Rules and Service Tax Rules has put the onus on the assesses to register themselves on ACES and file their returns electronically from 1.4.2010.
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Fri Nov 9, 2012, 09:07 PM
madinmaryland (60,993 posts)
Baseball's new drug problem: fast-acting synthetic testosterone
Major League Baseball has a drug problem again and is engaged in discussions with the players' association regarding what to do about it. The very specific problem is the use of fast-acting synthetic testosterone, the primary performance-enhancing drug of choice among emboldened players who believe they can avoid detection with dosages that are carefully timed and controlled.
Testosterone was the substance that triggered positive tests in the previous 12 months by Ryan Braun of Milwaukee, Melky Cabrera of San Francisco, Bartolo Colon of Oakland and Yasmani Grandal of San Diego. Braun's positive test, which occurred during the 2011 postseason, was overturned upon appeal after he challenged procedural issues related to the sample. The other players were suspended 50 games. Grandal, who flunked a test in September, did not challenge his positive test and was suspended this week -- the seventh PED suspension this year, the most in five years.
Synthetic testosterone, which aids in strength gain, muscle recovery and the prevention of tissue breakdown, has become popular because of how quickly it acts and leaves the system when measured by routine drug screening -- less than 24 hours, according to some reports. Players believe they can use the synthetic testosterone, which can be applied through creams, gels and patches, immediately after being tested or before off days without fear of being caught as part of a year-round regimen.
Human growth hormone remains another banned drug of choice because baseball does not test for it during the season. Players were subject to one blood test -- effectively an announced test -- when they arrived at spring training. Negotiations continue about more extensive blood testing.
Read More: http://sportsillustrated.cnn.com/2012/writers/tom_verducci/11/09/yasmani-grandal-synthetic-testosterone-mlb/index.html#ixzz2BmG9cSTT
Frigging drug dopers.
5 replies, 757 views
Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
|5 replies
Baseball's new drug problem: fast-acting synthetic testosterone (Original post)
|Nov 2012
|Nov 2012
|Nov 2012
|Nov 2012
|Nov 2012
|Nov 2012
Response to madinmaryland (Original post)
Fri Nov 9, 2012, 09:29 PM
Auggie (22,524 posts)
1. This calls for tougher penalties and increased testing as the story suggests
Response to Auggie (Reply #1)
Fri Nov 9, 2012, 09:33 PM
Kingofalldems (24,758 posts)
2. Yep.
Unannounced tests even on days off.
Response to Kingofalldems (Reply #2)
Fri Nov 9, 2012, 09:52 PM
Auggie (22,524 posts)
3. Penalities for teams too
Response to Auggie (Reply #3)
Fri Nov 9, 2012, 09:55 PM
Kingofalldems (24,758 posts)
4. Absolutely.
That will put a huge dent in this nonsense.
Response to madinmaryland (Original post)
Sat Nov 10, 2012, 02:44 PM
Berlum (7,044 posts)
5. Ain't science grand?


text:
Hero H2000+ Review: iPhone 5 Clone with MT6577 Dual Core Android 4.0
Hero H2000+ is another iPhone 5 ક્લોન. On the outside, its really hard to tell if its a real iPhone 5 or not with its size and other details on the design, but on the inside its a dual-core MT6577 Android 4.0 ICS device.
I just noticed that this one had become one of the hot-selling iPhone 5 clone on Fastcardtech. It is currently priced at $169.99 with free shipping, so its really a tempting buy. કૂવો, lets take out this phone for a specs review.
Brief, આ H2000 હીરો is an Android 4.0 device with a MTK6577 dual core CPU. It has 3G and GPS support. It has a 4.0 ઇંચ સ્ક્રીન, just like the new iPhone 5 and a 8.0MP camera.
આ H2000 હીરો runs on Android 4.0.4 ICS out of the box. It supports many languages. FCT allows request for language pre-setup on the ordered devices, so in case you are getting this device from them, you can always tell them what language you want to have on pre-set out of the box. It has 3G/WCDMA support and is totally unlocked for use on any GSM carriers in the world
Even if it runs on Android OS, આ H2000 હીરો have an iOS-like UI. But it still have the 3-screen buttons on ICS. I bet this is just a launcher, so you are still able to customize the H2000 હીરો on your preferences.
આ H2000 હીરો sports a dual-core MT6577 CPU clocked at 1GHz, a very fast performer. It is capable of HD gaming and high quality multimedia playback as well.
It has 4GB ROM so expect a 2.5GB of usable internal storage memory. It is still expandable with a micro SD card of up to 32GB maximum capacity. It has a normal 512MB RAM which is pretty much more than sufficiently enough for seamless multi-tasking.
Just like the real iPhone 5, આ એક છે 4.0 inches screen as well. It has a 800*480 pixels of display resolution, not too much to boast but its pretty much not bad at all considering its price tag.
Just like the norm, it has 8.0megapixels main camera and a corresponding 0.3mp secondary snapper. It has flash and auto-focus. Good thing to note is, these snappers are on the same position as the new iPhone 5's camera lenses.
It has a native FM radio receiver which is not present on the iPhone. It is also a Dual SIM device, heck another thing the iPhone doesn't have. It has wi-fi, bluetooth, જીપીએસ, વગેરે. –well, other stuff are just the same with most Android 4.0 and MT6577 devices. To know more about the specs of the H2000 હીરો , click here.
Hero H2000+ Specs
Here's a shortlist of the Hero H2000+ specs.
- iPhone 5 ક્લોન
- 4.0-ઇંચ સ્ક્રીન
- Android 4.0 ICS
- 1GHz dual-core MT6577 CPU
- 512એમબી રેમ
- 8.0 megapixels camera
- ડ્યુઅલ સિમ, with 3G
For a complete list of specs, more photos and updates to this phone's listing, check it out on Fastcardtech with the links at the end of this post.
Hero H2000+ Videos
Here's a couple of videos from my friend, Dirk aka Colonel Zap.
Hero H2000+ hands-on Video Review:
Hero H2000+ Gaming Test:
For the very cheap price tag, you can never go wrong with this iPhone 5 ક્લોન. The overall design is a perfect knock-off and with the specs, you are guaranteed that its performance is among on top. If you desire to have an iPhone 5 on your hands for show, but you do not have that thousand of bucks to buy a real one then this is the smartphone for you. Get this hot-selling phone before the stock runs out!


text:
For a while
Let it be enough:
The responsive smile,
Though effort goes into it.
Across the warm room
Shared in candlelight,
This look beyond shame,
Possible now, at night,
Goes out to yours.
Hidden by day
And shaped by fires
Grown dead, gone gray,
That burned in other rooms I knew
Too long ago to mark,
It forms again. I look at you
Across those fires and the dark.
Poet: Weldon Kees
Poem: Late Evening Song
There are no comments for this poem. Why not be the first one to post something about it?
Are you looking for more information on this poem? Perhaps you are trying to analyze it? The poem, Late Evening Song, has not yet been commented on. You can click here to be the first to post a comment about it.
More Poems
(21 poems)
Weldon Kees books


text:
[Date Index]
[Thread Index]
[Author Index]
Re: Draw approximated normal distribution based on mean, median, percentiles?
Hi Richard,
the point is that your age distribution probably is not normal distributed,
otherwise mean and sdv would be sufficient to pin it down.
Now there's an infinite variety of distribution functions out there,
even with fixed percentiles and median.
What you need is some kind of model for your distribution function
with some free parameters. What is normally used in the literature?
Then one could use mathematica to get hold of these free parameters
by using the percentille, sdv, etc information provided.
rflaaten at start.no schrieb:
> Hello all,
> I searched the forum for any info on this, so here goes.
> I need to reference some statistical data from a study. The information
> given there for an age distribution is: mean, standard deviation,
> median plus the 25th and 75th percentiles. Now, I have tried in vain to
> get Excel or SPSS to draw this for me. Is there any way of inputting
> percentiles and median into Mathematica? The normal distribution
> function only takes mean and sd as far as I know.
> Any help would be much appreciated.
> Richard


text:
MegaUpload didn't host 100 percent pirated files. Owners of legit files are calling lawyers.
Even if MegaUpload held 99 percent infringing files, that still leaves many innocent people deprived of their property. What happens next? Lawyers, of course. But the process of suing will be complicated, expensive, and international. Some of the most vocal threats come from other pirate-friendly organizations, leading many to believe this is more PR than legal strategy.
The FBI admits they investigated MegaUpload for two years. The takedown was complete, seizing files that were obviously infringing and obviously legal. Sorting this out will take time, but in two years of preparation, one would think the FBI would have some way to separate infringing from legal files. Looks like that job will be left to a judge, or more likely, a series of judges in multiple countries.
Wrong all around
FBI should just stick with cleaning up crime scenes and leave the internet alone.Tengfoong Wong on techcrunch.com
the US is way beyond any law at this point, I doubt anything will come of this.Anonymous on torrentfreak.com
With a name like Pirate Parties, they're already hurting their own cause.Mustaqum Mustafa on techcrunch.com
Look up some figures on the value of copyrighted software that people have downloaded for free off megaupload and you might realize why the FBI deems it so important to shut down the site.no one on torrentfreak.com
They had more then 20 search, seizure and arrest warrants. That easily trumps any property rights by users.DiamondDNice on gizmodo.com
I just wish they wouldn't call themselves "pirate parties", it seems to be a good way to lose credibility before they even do anything. Why they don't call themselves "internet freedom" parties I'll never know.guest on torrentfreak.com
A problem, though, is how much exactly "huge damage" are we talking here. While this act has inevitably or inadvertently created some collateral damage, how much of a dollar figure will it realistically be?Dave Zan on techcrunch.com
this is as if the DEA came and burnt your house down without any warning because all your neighbors are drug dealers.gubatron on torrentfreak.com
You'd think that the DOJ would've accounted for this when the invaded another country.Andrew Dunklee on techcrunch.com
When lawsuits are filed, how long will it take to resolve this case? 2 years? 4 years? 10 years?


text:
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Search Collections
Scene on the Hudson (Rip Van Winkle)
1845 James Hamilton Born: Belfast, Ireland 1819 Died: San Francisco, California 1878 oil on canvas 38 x 57 1/8 in. (96.6 x 145.1 cm) Smithsonian American Art Museum Museum purchase 1968.138 Not currently on view
Gallery Label
Hamilton's painting combines several scenes from Washington Irving's short story. The hazy river valley beyond the trees evokes the Catskills, where Rip Van Winkle looked out over the Hudson River "moving on its silent but majestic course." Beneath the cavernous rock, several men enjoy a game of ninepins while Rip drinks the brew that will make him sleep for twenty years and awake to a different world. Irving wrote his stories for sophisticated urban Americans, whose fast-moving culture, fed by the nation's industrialization, was displacing the rural society of the old Dutch Knickerbockers of the Hudson Valley.
Exhibition Label, Smithsonian American Art Museum, 2006
Animal - dog
Figure male - full length
Landscape - forest
Landscape - New York
Landscape - river - Hudson River
Literature - Irving - Rip Van Winkle
paint - oil
fabric - canvas
About James Hamilton
Born: Belfast, Ireland 1819 Died: San Francisco, California 1878


text:
As a top ten producing state in both oil and gas, New Mexico needs lawyers who understand the complex contract and property law issues that intertwine to determine the rights and obligations of parties with competing interests in oil and gas. Students in this course will study and engage in legal problems relating to oil and gas ownership rights, the leasing and transfer of those rights, and the development and marketing of oil and gas. This course also will introduce students to how and why conservation laws have developed in New Mexico and other states to assure the safe, fair, and efficient development of oil and gas. This course will provide students, including those who may not be particularly interested in oil and gas law, the opportunity to further develop contract and property law skills by applying legal principles to factual problems in a specialized context.
Updated: June 20, 2012


text:
- 1 of 2 Photos | View More Photos
The first heavy snow storm to hit Northeast Ohio this year dropped more than half a foot of the white stuff on Twinsburg and the village of Reminderville Dec. 26, but did not cause any major problems in those areas, according to the police departments there.
Another light dusting fell on the area Dec. 30 and 31, according to AccuWeather, to the tune of about 2 inches, though no major accidents were reported from over the weekend, either.
Reminderville Police Department administrative assistant Mark Wilson said roads in the 2-square-mile village the day after Christmas, though poor, were quickly cleared by the village service department.
"Our guys are great," Wilson said. "The roads are fine right now."
The Twinsburg police nor fire departments did not report any major storm-related accidents or injuries, though multiple cars on Interstate 480 and the city's side roads spun out, according to the Twinsburg Police Department.
Lt. Bob Gonsiewski said 15 motorists required assistance across the 12.5-square-mile city, some on side roads, some on Interstate 480. Three of the 15 incidents required accident reports, Gonsiewski said.
The accident calls started coming in around 11 a.m. Dec. 26 and stopped around 7 a.m. Dec. 27.
"Everybody either stopped driving entirely or slowed down," said Twinsburg Fire Capt. Don Simon.
Simon added that the Dec. 21 snowfall -- the first of the year and a lighter dusting than the Dec. 26 storm -- was more chaotic for drivers, as the Twinsburg Fire Department responded to many more calls on that day. Gonsiewski confirmed that 60 motorists required assistance Dec. 21.
According to AccuWeather's Tom Kines, about six inches of snow fell in the Twinsburg and Macedonia areas Dec. 26 and 27.
Gary Fontaine, a foreman with the Twinsburg Service Department, said the roads in the city were cleared early Dec. 27, and that salt trucks were on the road until about 3 p.m. Dec. 27.
"The cul-de-sacs are where we have the most congestion of snow ... they're the hardest areas to get cleaned up," Fontaine. "We take our smaller trucks in there and try to take care of that for the residents."
Fontaine added that trash collection was delayed Dec. 26, and that the collection companies caught back up Dec. 27.
Editor's Note: Reporter Conner Howard contributed to this story.
Email: email@example.com
Phone: 330-541-9424


text:
BRIEANT, District Judge.
Plaintiff, a citizen of California, brought this action on July 31, 1967, to enjoin infringement of plaintiff's copyrighted musical compositions and for an accounting of profits and damages resulting from past infringement. By an amended complaint, she also seeks damages for unfair competition, in the sale and exploitation of her musical compositions by defendants, which were allegedly "passed off" as owned by defendants.
Defendants' counterclaim charges infringement by plaintiff of its copyrighted musical compositions and unfair competition.
Parties and Jurisdiction
Defendants Arc Music Corporation ("Arc") and Dare Music, Inc. ("Dare") are New York corporations. Defendant McKinley Morganfield is a citizen of Illinois, who has performed professionally as a singer and musician in this District and throughout the country under his professional name, "Muddy Waters".
The Court has jurisdiction of this action as to the first nine counts, arising under the copyright laws of the United States, 28 U.S.C. § 1338, and has pendent and diversity jurisdiction over Count X in the Complaint, alleging unfair competition.
What is MOJO?
An understanding of this litigation requires first that we define "MOJO". MOJO is a collective noun used to describe one or more talismanic objects believed to have power intrinsic to their nature, and believed able to impart power, or ward off evil or misfortune by being worn close to the body of, or possessed by, the person to whom the MOJO appertains. A simple example of MOJO would be a rabbit's foot. Other examples of MOJO, mentioned from time to time in the trial record, include such amulets as black cat bones, shrunken heads, lodestones, half dollar with seeds, four leaf clover, ashes, blacksnake skin, strands of hair and teeth. MOJO is often worn around the neck in a leather bag or carried on the person. MOJO may, in a pastoral society, be taken into the fields with the cattle.
Reliance on and belief in MOJO naturally leads to the conversational gambit, "Have you got your MOJO working?", or "I've got my MOJO working." A person approaching a crisis, such as an examination at school, would be sure to have his MOJO with him, and working.
Use of MOJO and reference to it in conversation and reliance on it, has been found generally among black people in the rural South. Although the expression "voodoo" has been used in the trial record, MOJO is different from voodoo.
MOJO is a commonplace part of the rhetoric of the culture of a substantial portion of the American people. As a figure of speech, the concept of having, or not having, one's MOJO working is not something in which any one person could assert originality, or establish a proprietary right. See infra, p. 1404, et seq.
The expressions MOJO and "I've got my MOJO working", also have a lewd secondary or slang meaning. That double entendre will be most apparent in the lyrics of some of the musical compositions hereinafter referred to, particularly those of Bill Cosby (Ex. N) and Jimmy Smith (Ex. 10).
Plaintiff's Background
Miss Stratchborneo, plaintiff herein, was 32 years of age at the time of trial. Since 1959 she has been engaged under the trade name of Cepha Publishing Co., in publishing sheet music recordings and verse, arrangements, words and music for songs of the sort commonly described as "Pop Rock", in that portion of the music field called "Rhythm & Blues", or sometimes, just "R&B".
Prior to 1959, she worked as a singer and musician, performing in clubs, military installations, hospitals, prisons and other places, and was also employed during 1957 and 1958 by a record company.
She is a vocalist and dancer, has done some acting and recording and prior to 1959 assisted at a record publishing company, in teaching, vocalizing, choreography and selecting R&B tunes for release.
She has written so-called "lead sheets", whereby popular songs are merchandised, and whereby applications for copyright are made. She owns various record labels, including Tide, Edit and Colbert.
Origin of Plaintiff's (Triune/Bright) Musical Composition.
During childhood, plaintiff had often versified about MOJO activity and had used the expression "I got my MOJO working". She sang a song containing the lyric versification "Got My MOJO Working", in 1955 in connection with a local television commercial for a California automobile dealer, and thereafter sang songs about MOJO with various verses at various times and places in California, at volunteer performances given for servicemen in hospitals, to prisoners, or wherever her services were welcomed.
In 1960, she wrote a lead sheet (Ex. 1) entitled "MOJO WORKOUT" (hereinafter for convenience, the "Bright" version). This contained the words "I got my MOJO working". The author listed on the lead sheet as having created the words and music is "Julian Bright a/k/a Larry Bright", but I am satisfied that in fact Larry Bright was not the author of "MOJO WORKOUT".
Shortly thereafter, in about 1960, plaintiff created a new lead sheet, also entitled "MOJO WORKOUT" (Ex. 2), bearing the inscription "words and music by Triune-Bright". Triune is a name used by plaintiff and two other persons; Miss Paula Sapp a/k/a Paula DePores and Mrs. Orena Fulmer. These persons, acting in concert, describe themselves as "Triune". Sapp and Fulmer participated in some undisclosed manner with plaintiff in the creation of the second version of "MOJO WORKOUT," sometimes described for convenience as the "Triune-Bright" version.
There is also a third, Triune, version entitled "MOJO WORKOUT (GOT MY MOJO WORKING)", which purportedly was created January 4, 1960. This date is based upon a certificate by a California notary in the nature of an acknowledgement by plaintiff, DePores and Fulmer, attached by a staple to a lead sheet not otherwise filed or published.
I decline to find that this so-called Triune version was completed prior in time to the Bright version. The notary public was not produced before me, and there is no corroboration, or intrinsic evidence which demonstrates that this document existed prior in time to the Larry Bright copyright certificate filed March 16, 1960 in the Copyright Office. This issue, however, is not critical to the case.
By an assignment dated March 27, 1960, and filed in the Copyright Office on February 20, 1964, Julian Bright
Bright recorded, and plaintiff released, or published, under the trade name "Tide Records" a 45 r.p.m. single, entitled "MOJO WORKOUT (Dance)". This record listed Julian Bright as the author and Larry Bright (actually the same person), as the performer. Cepha Publishing Co. was indicated thereon as the copyright owner.
The Larry Bright record of 1960 unmistakably was derived from the two lead sheets, Bright version and Triune-Bright version, previously mentioned. It was released in March, 1960, and was played with some frequency during that year on various radio stations specializing in pop rock music.
Plaintiff designed a dance referred to as "Do The MOJO". The intricate steps of this juvenile diversion were written out with diagrams and distributed to the public by some of the record dealers (Ex. 8). Bright, a singer and guitar player who is white, came to be known as Larry "Mojo" Bright. See publicity still photograph, Ex. 9. In the "Fabulous Forty Survey" of radio station KFWB in Los Angeles, California, "MOJO WORKOUT" appears as a "record heard first on KFWB". It was 33rd in popularity for the week ending April 16, 1960, 22nd for the week ending April 23, 1960, and 16th for the week ending May 7, 1960.
A trade publication "The Billboard", on June 6, 1960, showed "MOJO WORKOUT" as No. 2 in a list of 15, below the so-called "Hot Hundred", and on June 25, 1960, "Cashbox Top Hundred", a trade publication, showed the record as No. 96. Plaintiff also licensed "MOJO WORKOUT" to others to make recordings.
As damages were stipulated to be disposed of subsequent to the trial of the issues of this action, in the event an accounting should be directed, there was no proof received by me as to the profits realized from the sale of records, mechanical licenses, or the licensing of radio
Plaintiff testified that the first notice she had of defendants' activities with respect to MOJO was when Jimmy Smith, in 1966, issued a record in the same market, recorded by him on Verve Records, a division of Metro, Goldwyn, Mayer, Inc., and entitled "Got My MOJO Working". This record indicates defendant Morganfield as the author, and defendant Arc as the proprietor of the work. It occupies both sides of a single 45 r.p.m. record and the label indicates that it was taken from an album entitled "Got My MOJO Working".
Plaintiff asked Verve Records to take a mechanical license, but Verve declined to do so, having already taken a license from Dare. This led to a demand and refusal, and this litigation eventuated.
Plaintiff testified that she had never heard any other professional renditions of "I've Got My MOJO Working" prior to 1966, and that no complaints or demands upon her had been made by any other record company, publishing company or performer.
Plaintiff did not perform "MOJO WORKOUT" as found in the Triune-Bright version or in the Larry Bright version prior to 1960. I decline to find that the Triune version was performed by or for her prior to March, 1960. She did, as heretofore noted, perform MOJO songs according to the same rhythm, using different words from time to time, and changed the words many times to suit the occasion. The expression "I've Got My MOJO Working" was, however, used by her in connection with a pop rock song beginning in 1955.
By her own evidence, plaintiff did not write the Triune version any earlier than Thanksgiving, 1959, or about January 4, 1960. On all of the evidence, I find that origin of the Triune version prior to the Bright version (Ex. 1), or prior to March, 1960, is not established.
Since 1955, plaintiff and her colleagues in Triune have always called their song "Got My MOJO Working", or "MOJO WORKOUT". The melody and rhythm never changed, but the lyrics changed many times.
In answers to interrogatories, plaintiff stated that she and Miss Sapp and Mrs. Fulmer completed the musical composition during January, 1960, after "working for a period of time" in Los Angeles.
They never filed a claim for copyright of the Triune version; they did claim copyright in Triune-Bright, as previously noted, on December 19, 1966, and plaintiff filed for the Bright version, in Bright's name on March 25, 1960.
Origin of Defendants' (Foster) Musical Composition.
Saul Rabinowitz, President and principal of defendant Dare, is presently engaged as an executive of CBS Records International and directs the operations of overseas music publishing firms controlled by CBS. He also has oversight of licensing recorded products from other companies for distribution overseas by CBS and advises with respect to products recorded by overseas companies. Formerly, he was principally engaged in the conduct of Dare's record business.
Rabinowitz first met defendant Preston Foster, also known as Red Foster, in 1957, at which time Foster visited him, offered for sale and played a number of songs. He sang a song, "I'VE GOT MY MOJO WORKING", accompanying himself by guitar, and played a demonstration record which he had previously recorded (Ex. F).
Foster, on October 29, 1956, had filed a claim to copyright for that song as author. On January 9, 1957, Dare entered into a mimeographed form publisher's contract with Preston Foster, by which it acquired "I've Got My Mo-Jo Working". By his agreement, Foster reserved a royalty and assigned his copyright. The assignment was recorded February 16, 1965 in the Copyright Office. In 1957, Dare also acquired the
A month or two later in 1957, Rabinowitz played Foster's demonstration record for singer Ann Cole. Ann Cole learned the song and recorded her artistic arrangement or version of it for Baton Records, under license from Dare. This record is entitled "Got My Mo-Jo Working (But It Just Won't Work On You)", and lists Foster as the author. The Ann Cole record was released, at least prior to April 20, 1957, because "Cashbox", a trade publication, on that date, refers to the Ann Cole rendition as the "Cashbox R&B Sleeper of the Week".
At about the same time, a record "Got My Mojo Working", sung by Muddy Waters, was issued by Chess Records. This also was referred to as a "sleeper of the week" in the same April 20, 1957 edition of Cashbox. Rabinowitz learned of the Muddy Waters rendition within two or so days after samples of the Ann Cole record had been released to distributors.
Rabinowitz testified that Miss Cole had just returned from a road tour with Muddy Waters' band. He concluded that she had been singing the song while on tour, and that Muddy Waters had liked it and recorded it, claiming authorship for himself. The Muddy Waters record bears a copyright credit for defendant Arc, and shows defendant McKinley Morganfield, the true name of Muddy Waters, as the author of the work, and "Muddy Waters" as the singer.
Rabinowitz asserted Dare's claim of ownership by reason of assignment to it of the Preston Foster copyright and made claim on Arc. This controversy was later settled by an agreement between Dare and Arc by which Arc, in effect, in consideration of a royalty interest in "Got My Mojo Working", conceded the validity of the Preston Foster copyright, ownership thereof by Dare, and infringement, although not so denominated. As between Dare and Arc, Dare was to be deemed for all purposes the owner of the song in dealing with third parties. Morganfield (Waters) was not a signatory to the settlement agreement (Ex. 26) between Dare and Arc.
Long prior to the release in March, 1960, of the plaintiff's Larry Bright record, "MOJO WORKOUT", and prior to March 25, 1960, when Larry Bright, as purported author filed claim to copyright, through plaintiff, defendants Dare, Arc, Foster and Morganfield were all asserting a property interest in and had recorded and marketed MOJO songs.
Performance and Use by Others.
Dare had licensed Verve Records, a division of Metro-Goldwyn-Mayer ("MGM"), to record and issue the 1966 Jimmy Smith version "Got My MOJO Working" (Ex. 10), and had received license fees from Broadcast Music Incorporated ("BMI") and from MGM.
Producers of other records licensed by Dare and BMI, as distributor of performance royalties, have withheld payment pending the termination of this litigation. Dare has also issued licenses to many other recording artists for "Got My Mojo Working", or "I've Got My Mojo Working". These include such well known record companies as Atlantic, Columbia, Capital, London and Liberty Records. Recording artists include Johnny Rivers, Sandy Nelson, Sam the Sham & The Pharaohs, Muddy Waters, Jimmy Smith, Art Blakey, Chico Hamilton, Carla Thomas, Lester Lanin, Manfred Mann, The Capitols, Conway Twitty, Columbus Smith, The Powers of Blue, The Knockouts, The Big Beats, Billy Hawks, Ben Bernay, Long John Baldry and Linda Gayle.
Dare and plaintiff have each received performance royalties from BMI. Rabinowitz explained that whether the computer tabulation credited the royalty to plaintiff, or to Dare depended on how the titles were reported; that the titles "MOJO WORKOUT," "I'VE GOT MY MOJO WORKING" and "GOT MY MOJO WORKING" are so similar that "depending on how the radio station announces its use, that will govern BMI as to which publisher to pay" (tr. p. 203). This practical problem is, however, beyond the scope of this litigation.
Proof of copying is basic to any claim of infringement. Idential works, which these are not, could, if independently created, each receive statutory copyright protection, and each withstand charges, by the other, of infringement. Sheldon v. Metro-Goldwyn Pictures Corp., 81 F.2d 49, 54 (2d Cir.), cert. denied, 298 U.S. 669, 56 S.Ct. 835, 80 L. Ed. 1392 (1936).
There is no direct evidence of access by Bright or Triune or plaintiff to Preston Foster's lead sheet, or demonstration record, or to the Ann Cole or Muddy Waters recordings, and likewise, no such evidence of access by Preston Foster, Ann Cole or Muddy Waters to the various versions of music and lyrics having to do with MOJO, which plaintiff was singing at hospitals, prisons and elsewhere, prior to 1957.
Defendants' position (tr. p. 464) is that the chronology of the discs and striking similarities in the lyrics and
Plaintiff also seeks to draw an inference of copying circumstantially from the records themselves, but her attempt is frustrated by her inability to prove existence and ownership of an identifiable version prior to March, 1960.
The only evidence of access by plaintiff is found in the fact that the Waters and Cole versions were sold widely in 1957 in the field of music in which plaintiff was engaged and were broadcast. This is the "reasonable opportunity to view or read plaintiff's work", which is all that is needed to show access. Bevan v. Columbia Broadcasting System, Inc., 329 F.Supp. 601, 605 (S.D.N.Y.1971); Blazon, Inc. v. Deluxe Game Corp., 268 F.Supp. 416, 422 (S.D.N.Y.1965). No evidence whatever of access by Foster, Cole, Waters or Rabinowitz to plaintiff's localized performances of prior MOJO songs is shown.
"Striking" Similarity
Even if access cannot be established by showing a reasonable opportunity for the alleged infringer to have seen or heard the complaining work, access, and also copying, may be inferred where the accused work is "strikingly similar" to a pre-existing complaining work. Arnstein v. Porter, 154 F.2d 464, 468-469, aff'd. on rehearing, 158 F.2d 795 (2d Cir. 1946). To prove that similarities are striking, claimant must demonstrate that such similarities are of a kind that can only be explained by copying, rather than by coincidence, independent creation, or prior common source. See Jones v. Supreme Music Corp., 101 F.Supp. 989, 991 (S.D.N.Y. 1951).
Expert testimony may and should be used to aid the Court in analyzing the works involved in order to draw the inference of copying from striking similarities. Arnstein v. Porter, supra, 154 F.2d at 468.
Plaintiff's expert, Mr. Reuben Phillips, is an accomplished musician. He is the music director of the Appollo Theatre in New York City, having held that position since 1952. Previously, he was a musician with various bands, including Andy Kirk, Lionel Hampton, Louis Jordan and Count Basie, and was a musical conductor with Eartha Kitt and Josephine Baker. He played saxophone with these bands and was a saxophone player in the Roxy Theatre house band. He is an experienced music arranger, and now writes original music, primarily in the area of rock and roll arrangements, for the house band at the Apollo Theatre.
Mr. Phillips, a black man, grew up in Providence, Kentucky. He had heard the lyric, or expression, "Got my MOJO working, but it just won't work on you" first during his childhood in that rural community. He describes MOJO as a phrase used in family relationships, in the context of "I'll put my Mojo on you", or "You got your Mojo with you today?". As a child he said that he wore MOJO around his neck, and used that kind of expression in conversations, with other children in his home town.
Plaintiff urges defendants may not rely on the Foster lead sheet, demonstration record and the Foster copyright registration because of technical deficiencies in the presentation as filed. The lyric is clear enough on Foster's lead sheet. Phillips, plaintiff's expert, admits that the first section of the lead
Following the observation of the ordinary observer or audience member, the average reasonable man (Harold Lloyd Corporation v. Witwer, 9 Cir., 65 F.2d 1, 18), and giving due regard to the experts, I find that the various performers, including Foster, Cole, Waters and Smith, who claim to derive their versions from Foster's lead sheet, did in fact do so, but plaintiff's Larry Bright dance version, "MOJO WORKOUT," was not copied or derived from, nor is it strikingly similar to any of defendants' pre-1960 renditions or versions. Testimony by the experts that any version is "closer to" either contending source work is not the sort of analysis as will imply similarity sufficient to infer copying. In this genre of music and elsewhere, "only a few [permutations] are pleasing; and much fewer still suit the infantile demands of the popular ear". Darrell v. Joe Morris Music Co., 113 F.2d 80 (2d Cir. 1940).
Nor, can we say from any evidence before us that Bright or plaintiff infringed the lyrics used prior to 1960 by any of defendants' artists. The whole concept of MOJO in the context used in these lyrics was so commonplace in 1957 as to be substantially within the public domain. In presenting a MOJO song in a dance version, and because of the obvious differences in the lyrics and music, I find that the Bright version did not infringe any of the defendants' versions.
"Substantial" Similarity
In determining what part of a complaining work is protected by copyright, it must be remembered that the Copyright Act does not afford a monopoly over ideas. Morrissey v. Proctor & Gamble, 379 F.2d 675 (1st Cir. 1967); Nichols v. Universal Pictures Corp., 45 F.2d 119 (2d Cir. 1930); Northern Music Corp. v. King Record Distributing Co., 105 F.Supp. 393 (S.D.N.Y.1952). What copyright does protect is the original use of ideas, the "expression" of ideas. Therefore, substantial similarity cannot be established herein simply by showing that both the accused and complaining songs focus on the MOJO idea; each party to prevail must establish that the adverse party, in a material way, tracked his or her treatment of that idea.
Nor will substantial similarity be found if only a small, common phrase appears in both the accused and complaining songs; unless the reappearing phrase is especially unique or qualitatively important, there is no basis for inferring copying. See Heim v. Universal
Additionally, material that is in the public domain can be used by an author; substantial similarity is not met by noting the appearance of such material in the accused work. Sheldon v. Metro-Goldwyn Pictures Corp., supra, cf. Whitney v. Ross Jungnickel, Inc., 179 F.Supp. 751 (S.D.N.Y.1960). In the Whitney case, both the accused and complaining songs had, in effect, the same title and the identical first two lines; the first line was taken from the public domain. Despite the fact that plaintiff's song had been published, recorded, and performed, the Court declined to find that defendant's assignor had copied plaintiff's song.
Where, as here, words and music have been integrated in a single work, the copyright of such work as a musical composition will protect against unauthorized use of the words or lyrics alone, as well as against unauthorized use of the music alone or of a combination of music and words. However, in determining whether an accused, short popular song consisting of words and music, of the type involved herein, replicates the essence of a complaining work, initial focus should be placed on music and lyrics taken together, as necessary parts of the composition. See Shapiro, Bernstein & Co. v. Jerry Vogel Music Co., 161 F.2d 406, 409 (2d Cir.), cert. denied, 331 U.S. 820, 67 S.Ct. 1310, 91 L.Ed. 1837 (1947).
I find no infringement of plaintiff's "MOJO WORKOUT" by the 1966 Jimmy Smith record. Licensed by Dare, the latter is a reasonable artistic variation on the Preston Foster 1956 composition, as modified by the Cole and Waters versions. A licensee has the right so to alter a copyrighted work to suit his own style and interpretation. Its source remains with defendant's prior use of the same song.
Aside from some similarities in the opening passages, the works sound, to the non-professional customer's ear, quite different from plaintiff's work. Even the first sections seem to convey different moods. The lyrics vary, and in Smith the secondary lewd meaning of MOJO is perhaps more apparent. No infringement is found of plaintiff's copyright by the Jimmy Smith 1966 record.
It follows from the foregoing that all parties to this litigation have the right to produce their respective different MOJO works. Plaintiffs may produce the dance, "MOJO WORKOUT," and songs which represent identifiable versions of it, or the Triune-Bright version. Defendant Dare and its licensees may continue to produce and use the musical composition reflected in the Foster lead sheets as originally performed by Foster, Ann Cole, Muddy Waters and Jimmy Smith.
The Court finds sufficient differences in the plaintiff's composition and the defendants' compositions to militate against finding of infringement, copying or passing off. The lyrics, where the greatest similarity occurs, relate to a matter which may not be appropriated, no more so than any other song of unrequited love or lust.
No evidentiary basis is found to sustain plaintiff's 10th cause of action for unfair competition, by "passing off". Plaintiff did not, nor could she, attain any right to secondary meaning, or the identification of the title, lyric or concept as plaintiff's work in the public mind. Defendants have not traded unlawfully or otherwise upon plaintiff's popularity or good will, or passed off any songs or musical compositions or lyrics as plaintiff's, to her damage. Nor have they succeeded in convincing the record manufacturing trade that plaintiff's musical compositions are owned or controlled by either Arc or Dare (Complaint, ¶95). Nor do I find
The Court is not unaware of the difficulties created in this action by the problem of mechanical licenses of MOJO songs which others have recorded, or will. [17 U.S.C. § 1(e); American Metropolitan Enterprises of New York, Inc. v. Warner Bros. Records, Inc., 389 F.2d 903 (2d Cir. 1968).] In view of the extensive recordation of MOJO, and the instant dispute between plaintiff and Dare, apparently BMI has ceased the distribution of performance and mechanical royalties, pending the outcome of this litigation.
For example, Cosby performed a MOJO song which could have been performed as a non-infringing work and free of any royalty [cf. Sheldon v. Metro-Goldwyn Pictures Corp., 81 F.2d 49, 54 (2d Cir.), cert. denied, 298 U.S. 669, 56 S.Ct. 835, 80 L.Ed. 1392 (1936)]. Plaintiff apparently won a race and became the first to assert claim for license with Warner Bros. Cosby titled his song as "MOJO WORKOUT," with an authorship credit to Bright, and mechanical royalty to plaintiff.
While we understand the practical difficulty presented by the fact that the titles are similar, and when performances are reported, it is often impossible to ascertain later, exactly whose composition was used, this problem is not one which we may hope to resolve on this trial record.
As we have determined that the respective compositions do not infringe, and are each entitled to the protection of the copyright laws, we are unable to divide such performance and mechanical royalties as may presently be held in escrow by BMI. Furthermore, BMI is not a party to the litigation, nor are those who were obligated in the first instance to make the payments.
Each party has contributed enough original words and music to the MOJO idea, and to a phrase in public domain, so as to have an original work, which has and is entitled to copyright protection and which the owner may exploit.
I find that plaintiff is the owner of a valid copyright, originally issued to Bright in 1960, and duly assigned to her, covering the words and music of "MOJO WORKOUT," a dance, as performed by Bright on a recording, Ex. 6, and also as set forth in a 1960 lead sheet filed in the Copyright Office, and a further copyright for additional words and music filed in 1966 (No. EU 969465), and that such work is an original composition of words and music, made by Miss Stratchborneo, Miss Sapp a/k/a De Pores and Mrs. Fulmer, which does not infringe any rights of defendants.
I find that defendant Dare is the owner of a valid copyright originally issued to Foster on October 29, 1956 (No. EU 462214) and duly assigned to Dare, covering the words and music of "GOT MY MOJO WORKING," as set forth in a 1956 lead sheet filed in the Copyright Office and on the demonstration record, Ex. 6, and that such work is an original musical composition of words and music made by Preston Foster, which does not infringe any rights of plaintiff.
I find no unfair competition, or "passing off" by any party to this litigation, of its or her musical property as that of the other.
The Court adjudges that all relief shall be denied, and that no party recover costs. The Clerk shall enter judgment as required by Rule 58, F.R.Civ.P. The foregoing constitutes findings of fact and conclusions of law as required by Rule 52, F.R.Civ.P.
The lyrics of the Bright version were:
For present purposes, it is of no moment that plaintiff or Triune wrote it, but for marketing reasons, decided to file in Bright's name and take a simultaneous assignment. Bright was then under contract to plaintiff. See Picture Music, Inc. v. Bourne, Inc., 314 F.Supp. 640, 649 (S.D.N.Y.1970), aff'd. 2 Cir., 457 F.2d 1213 (1972), cert. denied, 409 U.S. 997, 93 S.Ct. 320, 34 L.Ed.2d 262.
In litigation she brought in California state court, against Bright and others, plaintiff signed an affidavit in May, 1960, suggesting that prior to the time, in early 1960, when Larry Bright signed an exclusive contract with Tide Records (Miss Stratchborneo), "several record companies listened to "MOJO WORKOUT" and Larry Bright, but none would undertake to release the record."
Plaintiff now states that this sworn allegation made to the California court was in error; that several people had listened to Larry Bright, but not to the record itself, "MOJO WORKOUT." The California affidavit of 1960 also indicated that plaintiff had purchased a master recording of "MOJO WORKOUT," and the reverse side "I WILL CHANGE MY WAYS", from a third party, through one John Blower.
Except to the extent that they pertain to credibility, these prior transactions are not material to the Court's view of this case.
Plaintiff now testifies that her organization cut a master recording of "MOJO WORKOUT," that Bright did not like it and went out and cut his own master. Plaintiff says she bought back the other master for $300.00 to protect her interest in "MOJO WORKOUT."
To the extent that this line of cross-examination eliciting prior inconsistent statements of plaintiff has any bearing on the case at all, it does not bear on plaintiff's proprietary interest in "MOJO WORKOUT." If Larry Bright wrote the song, and I do not believe he did, he filed the claim to copyright and duly assigned it to plaintiff. Defendants do not claim from, through or under Larry Bright or as his successors in interest.
The lyrics on Ann Cole's record are substantially the same as Preston Foster's, except that the last verse is omitted. The lyrics used by Muddy Waters vary. Represented is his single 45 r. p. m. version of "GOT MY MOJO WORKING" (Plaintiff's Ex. 19):
Defendant Preston Foster, also known as Red Foster, attended parts of the trial. A Black man, about forty years of age, he appeared with bleached blonde hair and highly modish clothing. He sat quietly in the courtroom and did not, in my presence, communicate with counsel for either party. His presence was known to both parties, and neither counsel chose to call him as a witness.
The Court is now asked to infer from defendants' failure to call Foster to testify, that his 1957 copyright did not in fact represent his own original work, and that he could not so testify.
No reasonable basis exists for reaching such an inference, and the Court declines to do so. Foster's testimony was not required where plaintiff failed to establish copying by defendant. See Nimmer, supra.
We could not infer Cosby as an infringer of any of the other musical compositions in the case, were that question before us, and in the absence of direct evidence of copying. Cosby's lyrics follow:
The lyrics of Jimmy Smith's "GOT MY MOJO WORKING" are: