text:
of the dispatch which the defendant had put in evidence as the origin of the published dispatch. The general subject of testimony in regard to the social status of a libeled plaintiff was so fully examined in the former opinion that the discussion needs no repetition. The amount of testimony of that character upon thistrial was kept within proper bounds by the trial judge. After the plaintiff had stated the character and extent of the social and business positions which he occupied, a single witness replied most briefly to a very general inquiry in regard to the plaintiff's business and social standing. The judgment of the circuit court is affirmed, with costs.
CO. v. McWHIRTFJR.
(Circuit Court of Appeals, Ninth Circuit. April 6, 1896.) No. 195. 1.
It is not necessary that the complaint in an action on a policy of life insurance should set forth the application for such policy, or the answers to all the questions contained therein.
SAME-LAPSE OF TIME-DA'fE OF COMMENCEMENT OF ACTION.
A policy of life Insurance provided that no action upon it should be brought until 30 days after the receipt by the insurer of proofs of the death of the insured. The complaint in an action upon the policy alleged that proofs of death were delivered to and received by the insurer OIl a certain date, which was more than 30 days before the filing of the complaint, upon which alone the summons by which the action was commenced could be issued. Held, that reference could be made to the date of filing the complaint, to determine whether the action was prematurely brought, and the omission of a distinct allegation that the 30 days had elapsed did not render the complaint demurrable. In an action on a policy of life insurance, in which one of the defences is the alleged suicide of the insured, it is not error to exclude evidence of declarations of the insured, made four years before his death, that in a certain contingency, not shown to have occurred, he would commit suicide. In an action upon a policy of life insurance, the presumption is that the insured did not kill himself.
EVIDENCE-LIFE INSURANCE-DECLARATION OJ' IKSURED-SUIClDE.
5. SAME-APPLICATION-GENERAL qUESTION-THREATS OF BODII>Y HARM.
'Vhen an applicant for life Insurance is asked, at the end of a long series of questions, whether there is any fact relating to his physical con· dition, personal or family history, with which the insurer ought to be made acquainted, all that can be required is an honest answer, as to which, in an action on the policy, the jury must decide; and the court is not bound, as a matter of law, to instruct them that a failure to disclose, in an· swer to such question, that the insured had enemies who were reported to have threatened his life, or that he was apprehensive of assassination, would avoid the policy. Where two issues are made by the pleadings in an action, but upon one of them the defendant's evidence wholly fails to support his contention. tin instruction to the jury that the entire theory of the defense is based upon his contention as to the other issue does not constitute err\)l' which should reverse a judgment against the defendant.
6. PRACTICE-CHARGING JURy-IGNORING ISSUE-HARMI,ESS ERROR.
In Error to the Circuit Court of the United States for the Northern District of California. James H. Budd and J. C. Campbell, for plaintiff in error. Crittenden Thornton, for defendant in error. Before KNOWLES, MORROW, and BELLINGER, District Judges. KNOWLES, District Judge. In this action, Nannie S. McWhirter recovered a judgment of $16,137.50 against the Connecticut Mutual Life Insurance Company. The action was based upon two life insurance policies issued to Louis B. McvVhirter, insuring his life. The first of these policies was for the sum of $5,000, dated on the 18th day of December, 1891. The amount of the annual premium on this policy was $186.50. This was to be paid for 20 years. The $5,000 was to be paid, in case of the death of Louis B. to Nannie S. McWhirter, who was his wife, in the event that she f;urvived him. 'fhe second policy was for the sum of $10,000, dated on the 15th day of March, 1892. The amount of annual premium on this policy was $289.50. This amount was to be paid each year for 20 years. The said $10,000 was to be paid to the said Nannie S. McWhirter if she survived him at his death. On the 29th day of August, 1892, the said Louis B. :McWhirter waf; found in the back yard to his house, shot. The wound was in the vicinitv of his heart. From this wound he died in a few minutes. It is claimed by the complainant that he was murdered. The Connecticut Mutual Life Inf;urance Company claims that he committed suicide. It is also claimed by the said company that said Louis B. McWhirter did not correctly respond to a question propounded to him when he made his application to said company for insurance; that this wrong existed at the time each application was made; that his answer to said question was a part of his policy, and he warranted its correctness; hence the policy was void on account of this breach of warranty. The question which it is stated he did not correctly answer is as follows:
"Is there any fact relating to your physical condition, personal or family history, or habits, which has not been in the answer to the foregoing question, and with which the company ought to be made acquaiuted?"
The answer to this was, "No." The matter in which it is claimed this answer was false, and to the knowledge of said Louis B. McWhirter, is that at said times he knew that he had enemies, and that his life had been threatened, and he believed his life was in danger. The grounds urged for the setting aside of the judgment in this case, and the ordering a retrial thereof, are as follows: }j'irst. The demurrer to the complaint interposed by the plaintiff in error should have been sustained. Second. The rejection of the evidence of one E. F. Bernhard. Third. Charging of the jury by the court that the presumption was that McWhirter did not kill himself, and that this presumption had to be overcome by evidence on the part of the defendant.
Fourth. That the court erred in not giving, as a part of his charge, the following instruction requested by defendant:
"The question and answer referred to in instruction eleven were a warranty upon the part of Louis B. McWhirter that there was no fact in his personal history that would increase the hazard, or increase the premium, of said insurance; and you are instructed that the only question for you to determine is as to whether or not said warranty was true. It makes nO difference whether said representation was material or not. If you find from the evidence that the same ""as untrue, then it is your duty to find a verdict for defendant."
'L'he failure of the court to give this instruction as requested was ,excepted to. The question and answer referred to is the one set forth above. The fifth ground is that the court erred in giving the 10110wmg instruction:
"You are further instructed that the entire theory of defense in this case Is based upon the assumption that Louis B. :\Ic"VYhirter prepared t11e clubs ,and the lllask found upon the premises shortl;r after the killing; that six shots were fired on that occasion; that five, and only Hve, were fired into the fences and outhouses upon the premises; and that l\1c"VYhirter the sixth into his own body, and through his own heart, which caused his death. This theory of defense is founded upon the allegation that :\'Ic\Yhirter pre· pared the surroundings to indicate a sham assassination or scene of lllurder. and then killed himself. If you should find that Louis B. l\1c\Yhirter did not make such preparations, that he did riot saw the clubs found upon his premises, that he did not prepare the mask, that he did not own or possess both pistols, and that he did not fire all the shots, the bullet holes of which found in the fence and outhouses, and on his own body, your verdict should be for the plaintiff."
'1'0 the giving of this instruction, defendant excepted. '1'he sixth error complained of is the refusal of the court to give the following instruction:
"In the applications which have been introduced in evidence the following questions were asked the deceased, and the following answers given by the deceased: 'Is there any fact relating to your physical condition, personal or family history, or habits, which has not been stated in the answers to thfr foregoing questions, and with which the company ought to be made acquainted'?' '£he answer to that question was, 'l'\o,' And furthermore it was. by the terms of said policies and applications, agreed that the questions and answers to each and every question was true. If you believe from the evidence in this case that at the time of the application for insurance made by said Louis B. Mc\Vhil'ter, and at the time of the delivery of the policies of insurance which are the subject of this controversy, said Louis B. :\Ic\Yhirter had been threatened or was apprehensive of being assassinated, then I instruct you that such facts were a part of the personal history of said Louis B. Mc"VYhirter, and should have been communicated to the defendant insurance company, and the failure to so communicate them avoids the policy, and you should find a verdict for the defendant."
The seventh and last ground of error set forth is a refusal of the court to give the following iustruction to the jury:
"\Yarranties are a part of the contract of insurance, upon which the insurer, as well as the insured, has a right to rely; and if you Hnd from the evidence that the deceased, Louis B. Mc\Yhirter, in answer to the question asked him as to whether or not there was any fact in his personal history which sahl company ought to know, said, 'No,' then I instruct you that if it were a fact, .and if you so find from the evidence. that prior to the time of said application and said answer the said Louis B. Mc\Vllirter had had difficulties with certain persons who threatcned his life, and that he was then apprehensive of
assassination, that was such a fact as he should have communicated to saId company, and his failure to communicate such fact to said company was a breach of warranty contained in said application, and you should find a ver-· dict for the defendant."
In considering the first point presented, the question arises as to whether or not the plaintiff was required by the rules of pleading to set forth, as a part of the contract or policy of insurance, the application made by Louis B. McWhirter. It is true that the policy recites that "in consideration of the application for this insurance, which is the basis of, and a part of, this contract, and a copy whereof is hereunto annexed, and of the several answers, warranties, and agreements therein contained, and of the annual premium," etc., defendant does insure the life of said McVVhirter. I see no object to be obtained by requiring all of the ansv,'ers specified in the application to be set forth. It is not a part of the case plaintiff was required to make out, to prove that all of these answers were true. It is urged that the contract sued on, in hrec verba, or according to its legal effect, should be set forth. It may be said there is no legal effect of these answers that can be set forth. There is some conflict of authority upon the point here presented. In the following cases it is held that the application, with all its answers, should be set forth: Gilmore v. Insurance Co., 55 Cal. 124; Tischler v. Insmance Co., 6G Cal. 178, 4 Pac. 1169. In this last case the former if'! cited with approval. But it should be observed that it is stated that a portion of the contract that might prove material was omitted, and a demurrer was sustained to the complaint for that reason. Bidwell v. Insurance Co., 3 Sawy. 261, Fed. Cas. No. 1,893. In the following cases it is held that the application need not be set forth in the complaint, namel.}': Blasingame v. Insurance Co., 75 Cal. (j83, 17 Pac. 925; Insurance Co. v. P. J. Willis & Bro., 8 C. C. A. 594, 60 Fed. 23G; Herron v. Insurance Co., 28 Ill. 235; Insurance Co. v. Pickel (Ind. Sup.) 21 N. E. 546; .Jacobs v. Insurance Co., 1 MacArthur, 682; May, Ins. § 587. 'fhe Code of California requires that the complaint shall contain a statement of the facts constituting a cause of action, in ordinary and concise language. vVith this provision in view, it would appear that the plaintiff should not be required to state a large amount of facts which do not in an.}' manner constitute any statement of facts constituting his cause of action, and facts which he is not required to prove. In Ship. Com. Law PI. 12, it is stated of the declaration in assumpsit:
"The contract must be stated with certainty and precision, and it may be set forth in terms, or according to its legal effect, and only such parts need be set forth as show the entire act to be done in pursuance of the consideration stated."
In note 47 on said page it is said:
"But not facts as to which no breach is claimed."
In support of this, Miles Y. Sheward, 8 East, 7, is cited. In Henry v. Cleland, 14 Johns. 400, it is said:
"The plaintiff is not obliged to set out the whole agreement. It is enough for him to state so much as constitutes the agreement, the breach of which is relied on."
The same view is maintained in Sandford v. Halsey, 2 Denio, 235. The provisions of the California Code as to pleading do not, I think, abrogate these common-law rules as to pleading, and make it necessary for a plaintiff to set forth facts upon which no issue is sought. The contract, therefore, was sufficiently described in the complaint, and the demurrer properly overruled. If, however, we should be mistaken in this view, it appears that all of the application was made a part of the answer, and is fully presented to the court. When a plaintiff omits to state material facts in his complaint, and these facts are set forth in the answer, then the defect in the complaint is cured or waived. This point was considered in this court in the case of Richardson v. Green, 9 C. C. A. 565, 61 Fed. 423. It is also urged that the complaint does not state that 30 days had elapsed after the date the proofs of the death of McWhirter were received at the office of the Connecticut Mutual Life Insurance Company, at Hartford, Conn., and is therefore defective. The view taken is that the complaint must itself show that the action is not premature; that is, commenced before it accrued. It is stated in the complaint that due notice and satisfactory evidence of the death of said assured Louis B. McWhirter were delivered to and received by the defendant at its office at Hartford, Conn., prior to the 1st day of December, 1892. In Moak, Van Santv. PI. p. 171, it is stated:
"Nor, indeed, would a demUlTer lie to a declaration, unless it appeared affirmatively, upon its face, that the cause of action had not accrued when the suit was commenced. The rule has been fully recognized under the Code."
The case of Maynard v. Talcott, 11 Barb. 570, supports this view. We find that the complaint was filed on the 7th day of January, 1893. 'l'his was more than 30 days after the serving of the proofs of death upon the plaintiff in error. Under the Code of California, jt seems that an action is commenced by filing a complaint, and the issuing of a summons thereon. Certainly no summons could issue until the complaint was filed. The question is here presented as to whether we can recur to the filing of the complaint to show that the action was not premature. At common law an action was commenced by the issuing of the writ of summons, and not at the time of filing the declaration. In determining whether or not an action was commenced before it accrued, there could be a reference made to the date of the issuing of the writ; and if it was found, from the allegations in the declaration, that the action had not accrued at the time of issuing the writ, a general demurrer would then lie to the declaration. Waring v. Yates, 10 Johns. 119; Cheetham v. Lewis, 3 Johns. 43; Lowry v. Lawrence, 1 Caines, 71; 1 Chit. PI. 262-265. In these cases it will be seen that the records showing the date of the issuing of the writs were considered, in ruling upon the demurrer. There are many allegations in a complaint that must be considered with reference to the filing thereof in court. For instance, in the action to recover the possession of real property, the allegations that the defendant now withholds the possession thereof from plaintiff refers to the date of the filing of the complaint. In the case of the allegation in an action upon a contract or promissory
CONNECTICUT MeT. LIFE INS. CO.
note, when it is alleged that the payment is to be made upon a certain date, and, in assigning the breach, it is alleged which time has now elapsed, this must refer to the date of filing of the complaint. In this case, after setting forth in the complaint the contract of insurance, the death of McWhirter, the date the proofs of his death were filed in the office of the insurance company, then there is this allegation: That said defendant, although often requested, has not paid said sum of five thousand dollars, in one cause of action, and ten thousand dollars, in the other, or any part thereof. This allegation must be construed as having the effect of saying that neither of these sums has been paid up to the date of filing the complaint. The cases of Cowan v. Insurance Co., 78 Cal. 188, 20 Pac. 408, and Doyle v. Insurance Co., 44 Cal. 267, were not made when the same state of facts existed as are presented in this case. In these cases there is no date alleged as to when the proofs were made or filed in the proper office, and hence it could not be seen by reference to the filing of the complaint whether the proper time had elapsed after the proofs to show that the cause of action had accrued. In view of these considerations, I think it sufficiently appears that the cause of action accrued before the filing of the complaint; hence the demurrer was not well taken upon this point. It should also be noted that after the demurrer was overruled the insurance company filed its answer, in which there is no pretense that the cause of action had not accrued, and went to trial upon the merits of the case. Unless the complaint clearly failed to state a cause of action, such action waived the demurrer. Stanton v. Embrey, 93 U. 8. 548. I can see no error in rejecting the evidence of Bernhard. It was sought to show that McWhirter, some four years before his death, said to Bernhard that, if he ever did anything which would bring disgrace upon him or his family, he would kill himself. There was no attempt to show that McWhirter had, as a matter of fact, done anything that had brought disgrace upon himself or his family. It is true, he had been arrested upon a charge which he declared was without foundation. This does not show that he had done the act which would induce his suicide according to his own declaration. That he had ever, upon any conditions, thought of committing suicide, seems to have been regarded as pertinent in the case. I do not conceive this to be COfTed. Many a man has talked of suicide in the way McWhirter did upon that occasion without any intention of committing the deed. Then, the purpose expressed was so conditioned and so remote that I cannot conceive that any presumptions were raised upon the point at issue. If there are any presumptions to be raised by such a declaration, I would say that it would be that McWhirter was a man so sensitive as to his honor that he would not purpose the committing of suicide with the view of defrauding a life insurance company. The third alleged error presented for consideration is as to the charge of the court to the jury that the presumption was that McWhirter did not kill himself. The decisions of the supreme court S'Ilstain this charge. Home Ben. Ass'n v. Sargent, 142 U. S. 691, 12 v.73F.no.3-29
Sup. Ct. 332; Insurance Co. v. Akens, 150 U. S. 468, 14 Sup. Ct. 155; Insurance Co. v. McConkey, 127 U. S. 661, 8 Sup. Ct. 1360. In this last case the supreme court said:
"In respect to the issue as to suicide, the court instructed the jury that self-destruction was not to be presumed. In Mallory v. Insurance Co., 47 N. Y. 52, 54, which was a suit upon an accident policy, it appeared that the death was caused either by accidental injury, or by the suicidal act of the deceased. 'But the court properly said the presumption is against the latter.' 'It is contrary to the general conduct of mankind. It shows gross moral turpitude in a sane person.' Did the court err in saying to the jury, upon the issue as to suicide, the law was for the plaintiff, unless that presumption was overcome by competent evidence. This question must be answered in the negative."
What presumption was it that the court had reference to? The presumption that the deceased did not kill himself? There is nothing in the statement of the court in the balance of the opinion in this case that contradicts this view. The plaintiff in error, in the court below, assumed the burde:n of proof, and undertook to show that McWhirter did kill himself. This was upon the theory that the presumption was that McWhirter did not commit suicide. The contention of the plaintiff in error cannot be maintained upon this assignment. In considering the fourth error alleged by plaintiff in error, the question is presented as to the nature of the question specified in the instruction asked. In constl'uing this question, we are confronted by the rule that the policy must be given that meaning which would be most favorable to the insured. May, Ins. § 175. And when there is any doubt as to the character of a statement in the application for a policy, which is made a part thereof, "a court should lean against that construction which imposes upon the assured the obligations of a warranty." National Bank v. Insurance Co., 95 U. S. 673. The language, "Is there any fact relating to your physical condition, personal or family history, .. .. .. with which the company ought to be made acquainted?" with these rules in view, ought to be classed as calling for an opinion on the part of McWhirter. A great many questions had been asked him upon almost every conceivable question connected with his family history, his physical condition and habits, and he was required to answer many of them "Yes" or "No"; then, finally, this question. Certainly, in considering whether there was any matter connected with his personal history which the company ought to know, he must determine that it would not be required of him to state that he had played marbles when a boy, had been whipped at school, or had loved his wife when he married her. When an opinion is aSked, all that could be required would be an honest answer. National Bank v. Insurance Co., supra; Moulor v. Insurance Co., 111 U. S. 335-345, 4 Sup. Ct. 466. Whether he made an honest answer was a matter for the jury to determine. But, if it were a matter for the court, it would hardly be thought that he would consider it an important matter to state that he had enemies,-political enemies,-and his life had been threatened by them. Would anyone suppose that in an agricultural community in the Iiltate of California, where churches and schools abound, and tht!
CONNECTICUT MUT. LIFE INS. CO. tI. K'wuIRTEB.
public press has abundant circulation, that a threat to take a man's life on accouut of political differences would be considered of im- " portance? Considering what we know of such communities, and the causes which have led to murders, could any cool and reasonablp. man say he thought such a threat would be carried into execution '! How many cases of this kind can it be asserted have occurred in such a community, in the history of this country, or even in the state of California? The fact that the deceased may have placed some stress upon this amounts to nothing. The presentiments of death that are said to come now and then to the mind of a well person, and the prophecies of a fortune teller, are at times said to have made impressions upon strong men; but would an insurance company consider such matters important, when taking the application of a person seeking a life insurance? I cannot think it would. If so, then such companies had better enlarge their long list of exhausting questions, and not leave it to the judgment of applicants for insurance policies to make known such matters. The fifth err-VI' complainp.d of should be considered with reference to the balance of the to the jury. In one part of the charge the court said:
"You are further Instructed that any threats. the suppression or conceal· ment of which by the deceased would constitute a defense to this action. must be actual threats of bodily harm by third persons known to the deceased, and which would affect the fears and apprehensions of a reasonable man, and that mere rumors or apprehensions of the unlawful acts of personal or political enemies, not amounting to tangible or specific threats of bodily harm or injury, would not, even if concealed from the defendant, constitute a defense to tllis action."
I have been unable to find any evidence of any such threats as are here speeified in the record. There is evidence of statements of political enemies, of apprehensions of bodily injury, but nowhere any evidence of threats of bodily harm by third persons known to the deceased. 'While in the pleadings there were the two issues,-one of failure to give a proper statement in regard to his personal history, and the other that of suicide,-and while these issues were sought to be presented in the evidence, this instruction, in effect, eliminates the first issue from the case. It was not sufficiently supported by the evidence. We have already stated that vague impressions or presentiments occurring to a man, that he will be killed, were not required to be stated in answer to any question asked McWhirter. Evidently the court felt that under the evidence the only real issue in the case was the suicide of the deceased, McWhirter. The statement of the court that there were two issues in the case must, in the light of the whole charge and the evidence, be confined to the issues made by the pleadings, and not as maintained by the evidence. Under these circumstances, there is no error presented upon this point which should reverse the judgment of the court below. Where the error complained of could not have prejudiced the rights of a party in the case, a judgment should not be reversed by an appellate court. Lancaster v. Collins, 115 U. S. 222, 6 Sup. Ct. 33; HornbUl:kle v. Stafford, 111 U. S. 389, 4 Sup. Ct. 515. The statement that there
73 FEDERAL REPOR'l'ER.
were two issues for trial, when there was in fact only one, could not have prejudiced plaintiff in error. , The sixth and seventh points made in the brief, in regard to the refusal of the court to give instructions 11 and 13 asked by plaintiff in error, may be considered together. In both of these instructions the position is taken that it was the absolute duty of McWhirter to inform plaintiff in error, in answer to the question touching his personal history, that he had been threatened or was apprehensive of being assassinated, and that a failure to so state was a breach of warranty which avoided the policies of insurance in this case. I have already stated that I think this question referred to called upon McWhirter to express an opinion as to whether there was anything in his personal history which he ought to communicate to the insurance company, and that all that was required of him was to act honestly and fairly in this matter. These instructions entirely ignore this view. It was therefore right and proper for the court to have refused them. With this view of the case as presented to the court, the judgment of the court below ought to be affirmed. And it is therefore hereby ordered that the jud6rment of the circuit court before which this case was tried be, and the same is hereby, affirmed, with costs.
THE VIGILANCIA. '.rHE ATLAX'l'lC TRUST CO. v. 'I.'HE VIGILANCIA. et aI. (Circuit Court of Appeals, Second Circuit. April 7, 1896.)
CHATTEl, MORTGAOES- VALIDITy-RIGHTS OF LIEN CREDITORS.
One having a lien upon a vessel, as by jUdgment and execution, Is entitled to challenge the validity of preVious mortgages; and, if they are void by force of any statute, such as the statute against usury, or that relating to chattel mortgages, his lien must prevail, even though, as between the parties, the mortgages may be sufficient to transfer the title.
OOlU'ORATIONS-USURIOUS MOHTGAGES-RrGHTS OF' LIEN CHEDITORS.
A lien creditor of a New York corporation cannot invalidate a prior mortgage, on the ground that the bonds secured thereby were sold at such a discount as to make the mortgages void for usury; for the state statute, which declares that no corporation shall hereafter interpose the defense of usury (Laws 1850, c. 172), as construed by the state courts, operated as a repeal of the statutes of usury as to all contracts by which corporations stipulate to pay interest.
SHIPPING--MoRTGAGES-RIGHTS OF
A lienor of a vessel owned ip New York cannot secure priority over previous mortgages thereon by showing that they were not filed and refiled, as required by the state laws relating to chattel mortgages, when it appears that they were recorded in the office of the collector of the port of New York before he acquired his lien; for state statutes are inoperative as to vessel mortgages which have been properly recorded, pursuant to the laws of the United States.
COHPORATIONS-MORTGAGES BY IHHEGULARLY EI,EC'!'ED DIRECTORS-EsTOPPEl"
A lien creditor of a corporation cannot secure priority over previous mortgages, on the ground that the directors who authorized the execution thereof were elected at a stockholders' meeting convened without the notice required by the by-laws, when it appears that the bonds secured by


text:
The MISSION of the Wentzville Fire Protection District is to be dedicated to the Community by providing the best possible Fire Prevention, Suppression and Emergency Service in a fiscally responsible manner.
The VISION of the Wentzville Fire protection District is to be known throughout the Community for quality, professional service with competent, trusted, well-trained, dedicated and respected people as leaders and firefighters.
Friends of the District; If you have taken photos or have information from an event or incident involving the Wentzville Fire Protection District that you would like to share with us, please send them to email@example.com so we can share them with our friends. Thanks

subset: commoncrawl


text:
Begin with the tattoo and Leonard's big, bald head, because the tattoo that screams from atop Leonard's big, bald head says it all.
On Wednesday, September 1, Leonard Carlo had just returned from a trip to Alamosa when the manager of his Colorado Springs bar delivered the bad news: Two investigators from the state Liquor Enforcement Division had raided the place. They'd looked around, mumbled something about an "anti-profanity" law, and then seized 29 of Leonard's favorite signs.
"They came in like the motherfucking gestapo," Leonard says. "Fucking storm troopers."
Previous Westword article
"The Offal Truth"
Sample from
"F***in' Leonard's"
At this point, it should be noted that Leonard is fond of certain colorful words and that those colorful words appeared liberally on those 29 signs. As Leonard sees it, he was simply advertising the rules. And advertising them in no uncertain terms.
"What the fuck?" he says. "I like doing it and I like saying it. What the fuck is wrong with that?"
Nothing, except for state liquor Regulation 47-900, which prohibits licensed bar owners and their employees from allowing "profanity, rowdiness, undue noise, or other disturbances or activity offensive to the senses of the average person."
So in August, after investigators received an anonymous complaint that Leonard "had some really bad signs, with raunchy language," they took it upon themselves to uphold decency. And after they did, Leonard, who'd been in the bar business for 35 years with only one infraction (for too many people in the place), suddenly stood to lose not only his 29 favorite signs, but possibly his liquor license.
Facing that prospect, Leonard climbed in his truck and drove straight to Snake's tattoo parlor, where his buddy tattooed the following words atop his big, bald head: "Fuck U. Leave Me the FUCK Alone." Snake then colored each letter red, white and green. (Leonard is Italian.)
"Yeah, it hurt," Leonard says. "But not as much as them taking my fucking signs."
The gesture, Leonard insists, was more than symbolic. He intends to get his signs back (the most expensive ones cost $40 each). He intends to speak the way he wants. And he intends to march all the way to the United States Supreme Court if necessary.
"I can hardly fucking wait," he says.
He can see it now. He'll stand in the courtroom, one hand on the Bible and the other on his big, bald head, and he'll gaze over at the jury box and the prosecutor's table and the judge's bench, and he'll give them a piece of his mind: "If you're going to take away my freedom of speech and due process," he'll say, "you'll have to start from the neck up."
Leonard's II stands at the end of a strip mall in the 2100 block of East Platte Avenue, several miles from downtown Colorado Springs. The same block houses Dan's Barber Shop, Dominick's Things, Stuff, Etc., Sinister Tattoos and Hemp-Hurray. Leonard's is the spot painted red, white and green.
"Because I'm a wop, that's why, motherfucker," he explains. "I'm going to put Mussolini up next, because El Duce had 150 mistresses. He's my idol."
Leonard's II (the bar's full name is Leonard's II Fucking Much) is the sequel to the much-loved original Leonard's, which was replaced five years ago by a Walgreens. The new bar, which Leonard calls "his last stand," is dim and slightly seedy, not a fern in sight. A couple of 50-cent pool tables occupy one corner; a big-screen TV and tinsel-lined karaoke stage occupy the other. There are the usual black vinyl-and-chrome stools, cashew and Beer-Nut dispensers, video trivia games, life-sized cutouts of John Wayne and Clint Eastwood, Broncos memorabilia and a jukebox with everything from Santana to Dean Martin to Dr. Hook to 'N Sync. The bar is in back. And that's where you'll find Leonard.
On this afternoon, he's wearing dark jeans and a dark T-shirt, sitting in the shadows and nursing a glass of cranberry juice. He normally prefers Christian Brothers brandy ("about a quart a day"), but he sips this drink "because it helps me piss." He cackles at the thought, yells, "Hey, cocksucker!" to a guy at the other end of the bar, then spontaneously breaks into song, harmonizing with the bawdy tune on the jukebox: "You Gotta Blow Me All Night Long." Leonard is usually a Sinatra man, but this particular tune "has such a beautiful melody," he says.
His face is weathered, deeply lined, and when he grins, which is often, his skin crinkles like a leather work glove. His hands could crack walnuts. With his mischievous eyes, Roman nose and bristling white whiskers, he also looks like one of the Seven Dwarfs. Leonard, the Surly Dwarf.
"I grow the beard to aggravate people," he says, with his coarse sandpaper voice. "When I first started growing it, my wife hated it, so I grew it to piss her off. Then she started liking it, so now I shave it off on her birthday."
Leonard likes to talk, and he talks a lot, although not in detail about his personal life, and not in response to a particular line of questioning. Instead, he walks to the back door and points out a small sign that captures the essence of his personality: "You say tomato, I say fuck you."
"If I was talking to Jesus Christ, I'd say the same fucking thing," he says. "But it's not just the word. It's the right to say the word."
Leonard has been exercising that right for almost his entire life. He picked the word up from his dad, Leonard III, a bootlegging pool-hall operator in Pueblo, who, when he was in the company of his paisanos, uncorked dirty words like bottles of wine.
"My old man said it. My old man's friends said it. All the men said it. All the boys said it," Leonard recalls. "In the Italian community that I was in, it was hereditary."
Then Leonard joined the Navy, and after that he worked eighteen years in a steel mill, so whatever little speaking etiquette might have rubbed off from his churchgoing mother, he soon washed away with the grime on his hands.
To emphasize the point, he gestures toward another sign: "The only urine test you'll get out of me is a taste test."
"Am I offensive?" he concludes. "I am. What the fuck?"
During his 66 years, Leonard has been many things, including a husband for 44 of those years, a father of four children and a grandfather of twelve. But as far as he's concerned, he was placed upon this earth to stand behind a gleaming wooden bar with a towel, a shot glass and a dirty joke. "I was born on a pool table," he says, and he's been involved in the bar business one way or another since he was sixteen. All told, he's owned ten of his own restaurants and bars in Pueblo and Colorado Springs, including the Glory Hole, Dante's Inferno, Kojacks, The Egg & I, The Lair Lounge and the Kachina Lounge.
"I love the industry and the people in it," he says. "I'm here seven days a week, all day and all night long, and when I'm gone, I can't wait to get here. I love everything about this place."
What he loves most is passing down the bartending traditions of his old man, including the Carlo motto: "Cleanliness is next to godliness." There's not a single cigarette butt in the urinal, not a single napkin on the floor, not a single maraschino cherry in the ashtray.
"My bar never smells like a bar," Leonard says. "If the weather is nice, the front and back doors are open at all times. Who wants to walk into a bar and smell afterbirth, farts and puke? I've got the number-one cleanest bathrooms in Colorado. I demand it. If nothing else, this place is clean, clean, clean."
Unless you count his signs, which are dirty, dirty, dirty.
Leonard has always been the type to post his rules, announcements and occasional epiphanies. Even when he ran restaurants that catered to families, signs cluttered the walls. But since children and senior citizens were often present at those places, the placards were rated G. "I respect that shit," he says. "Kids don't need to be anywhere near a stinking bar."
But by the time he opened Leonard's II in 1994, Leonard's internal censor had fallen off the wagon. His friends say it happened on his sixtieth birthday, when Leonard made himself a promise: Since the first twenty years of his life had been devoted to his mother and the next forty devoted to his wife, family and career, the next sixty would be devoted to Leonard.
Or, as Leonard puts it, "I'd been sucking everyone else's dick for sixty years, so I decided, what the fuck?"
One of the ways that newfound independence manifested itself was on the wood-paneled walls of his tavern. To wit: At the end of the bar where waitresses pick up orders, Leonard posted a placard saying, "Do not fucking stand here." At various locations around the tavern, he announced, "No Fucking Tap or Draw Beer, Children, Animals, Tabs or Checks" and "No Fucking Free Water or Pop." And on the back wall hang the names of those banished forever: "No more fucking nasty mouth whore Mexican Barbara," "No more fucking whore ass trouble-making cunt bitch Melissa," "Fucking Nothing for the Fucking 3 Kunts (Kunt Lynda Kay, Rat Sherri and Ratcunt Bonnie Sue)!"
"All of the people who are up on that wall are up there for a reason," Leonard says. "My reason!"
Some of his signs are scribbled on cardboard, and others are professionally crafted. But all feature Leonard's own unique linguistic phrasings: "Puse Dripping, Kunt Eating Kunts, Asshole & Shit Eaters Worsters Kock Suckers."
Crude, yes. Juvenile, certainly. X-rated, definitely. But 100 percent Leonard.
"He loves his signs," says Leonard's manager, Kelli Cates, who settles at the bar with a glass of water and three Advil. "It's just his way of getting the message through to our thick heads."
She pops the Advil, swallows some water.
"I've known him since I was eleven, and I'm 35," she says. "Leonard can't say a sentence without saying 'fuck.' He's always been like that, he's not going to change, and if people don't like it, they can kiss his butt. It's not that he's trying to be mean, but fuck -- see, if you hang around him long enough, you'll start talking that way -- that's just the way he is. That's his forte. And he'll be like that until they carry his ashes out of here. And you know something else? I miss those signs."
Ed Jones, an El Paso county commissioner and longtime friend and customer of Leonard's, explains it this way: "I've been knowing Leonard for thirty years. He's always run nice lounges. Nice blue-collar lounges where people can come in after work with a little paint on their jeans, have a few cold ones and shoot the bull. He's a good friend, good to his employees, and if anyone needs help, he'll give it to them. But if you cross him, that brings out the Sicilian in him."
Jones adjusts his toothpick, sips his cocktail. "Now, Leonard has always been potty-mouthed," he continues. "If he didn't say a potty word, I'd think he was sick. It's not so much that you love to hear Leonard curse, but he has a right to say what he wants to say. People don't come in here looking for the signs. They come in to relax and talk. If you don't like what he says, you can go to another bar. And there are lots of other bars far more insensitive than this."
He's biased, Jones admits that -- but in his opinion, the people who frequent Leonard's come in for the personality. And Mr. Personality happens to be Leonard, who isn't so much belligerent as he is cantankerous, not so much on the offense as out to jerk your chain. When people walk into Leonard's, they know exactly what they're getting. Besides, after listening to Leonard's spew for a while, the shock wears off.
"Although we live in a very conservative community and a very religious community, there has not been one letter in the newspaper protesting Leonard's bar," Jones says. "You'd think people would be out here protesting, but they're not."
In his own defense, Leonard strolls around the bar pointing out signs that are not potty-mouthed, like this upside-down placard: "If you can read this, put me back on my bar stool." There are also photos of grinning friends and patrons, copies of the Ten Commandments, photos of his grandson receiving a medal from the Marines, even a picture of puppies -- the offspring of his dogs, Fuck You and Motherfucker.
"This is like my front room," Leonard says. "When you come in here, you come in as my guest. But if you abuse that, you're gone. And if you're gone, you're gone for good, because if you fucked up bad enough to get tossed out the first time, you don't deserve to come back."
But out of all of Leonard's guests, not a single one has ever complained about his language or his signs, which are not visible from the sidewalks, parking lots or side streets because of the bar's blinds and tinted windows. "Never. Never. Never," Leonard insists.
Leonard's has also been regularly inspected by liquor-enforcement investigators who never mentioned the placards, either. During one such inspection in December 1997, Brian Osterhouse gave Leonard's II a clean bill of health. Although Osterhouse had noticed the signs, he told investigators in October that he did not remember exactly what they said. To the best of his recollection, he said, the signs were well-crafted, "kind of nice" and might have said "No Fucking Tap Beer," "No Fucking Profanity," "Fucking Men" and "Fucking Women."
The signs hadn't concerned him at the time, Osterhouse recalled, because they contained what he considered commonly spoken language. If he'd heard someone saying the same words on these signs, for instance, he probably would not have taken enforcement action. But Osterhouse admitted that he hadn't seen the signs that were confiscated this past August.
Six weeks after they took those signs, investigators interviewed the bar's neighboring businesses. Although none of the merchants said he was offended by the signs, a few mentioned that Leonard usually appears "half-drunk."
Leonard shrugs. "Do I have a cross outside and a sign that says church?" he says. "No. I have a sign that says bar."
In mid-October, the state also received a complaint from a man who lives across the street from Leonard's II, but he'd never been in the bar. He phoned investigators only after he read about the controversy in a local paper.
When told about that, Leonard laughs out loud. "I've been in business 35 years," he says. "Do you think I'd be in business 35 years by violating the law? You can call up the mayor and the chief of police, and they'll say I'm low-key and just want to be left alone. I'll stand up before anyone and say there are no shootings, no stabbings, and no bing, bang, boom."
Colorado Springs police lieutenant Skip Arms concurs with Leonard's assessment of his tavern. "It hasn't cropped up as one of our problem bars," he says, "so I guess it's low-key. It hasn't been a problem place."
That's because Leonard considers himself "a businessman," and one who's not above compromising. A year before his signs were seized, Leonard removed two of his favorite posters after police asked him to (okay, and the city took him to court). One featured an enlarged birthday snapshot of his best buddy, Gary Chase (who has since died), his face between the enormous bare breasts of a 300-pound stripper named Ample Annie. The other showed Leonard's grinning mug between the practically nude butts of two nineteen-year-old hardbodies.
"If I'm in violation of the law, cite me," Leonard says. "Let me plead my case before a judge and jury. If I did wrong, okay. I've got no problem with that. But there was no due process with my signs. These motherfuckers just started pulling things off the fucking walls!"
And that got his Italian blood boiling. Now he wants the governor and the attorney general to return his signs personally.
"It's like Mussolini says: 'In your heart, you know I'm right,'" Leonard proclaims. "I love my country, but I hate my government. And thank God they did this to me, because I'm hardheaded and stupid enough to fight it. This time, they fucked with the wrong bald-headed wop motherfucker."
For the state, the issue is simple: Regulation 47-900 prohibits profanity, the permission of profanity, and activity that is considered offensive. And Leonard's signs more than qualify, officials say. Robert Dodd, the assistant attorney general handling the state's case, calls Leonard's language "completely over the top."
"It's defamatory to individuals by name. It uses racial and gender epithets. It's beyond mere profanity," Dodd said during an October hearing. "If this speech is protected, then there's not speech that's unprotected. This is the most extreme variety."
But it's not just what Leonard wrote on his signs; it's where he displayed them.
Bars serve alcohol, and alcohol lowers people's inhibitions and makes them "perhaps more likely to become involved in altercations," Dodd points out. The X-rated signs in Leonard's bar, he argues, "could easily result in, at minimum, disagreements leading to altercations and all manner of disorderliness." So the state has "a public safety basis" for prohibiting foul language in bars, he says. "The purpose of the regulation is not because people don't like profanity and don't want to hear it. The issue is the location."
Nonsense, says Mark Silverstein, legal director of the Denver chapter of the American Civil Liberties Union, which sued the state on Leonard's behalf in September. Silverstein calls Regulation 47-900 "blatantly unconstitutional," "antiquated," "moribund" and "more a joke than a serious constitutional issue."
After all, the U.S. Supreme Court has made it clear time and time again that a state cannot willfully censor speech. In one case during the '70s, the court ruled that California could not punish a man for proclaiming "Fuck the Draft" on the back of his jacket.
"The court said, 'One man's vulgarity is another man's lyric,'" Silverstein says. "And profanity is certainly Mr. Carlo's lyric. He loves four-letter words."
But even if the regulation were constitutional, Silverstein says, it's hopelessly vague. And nowhere at the Liquor Enforcement Division are there written guidelines, policies or even training manuals defining "profanity" or "offensive activity." State officials have admitted as much. And if the state doesn't have guidelines, how is Leonard supposed to know what he can or cannot say?
Should he eject customers who say "damn"? How about "hell"? Should he censor R-rated movies, like Platoon, that happen to flash across the bar's TV screen? Should he scan every newspaper, magazine and tabloid in the tavern for bad words and X-rated ads? Would he get in trouble if someone left a copy of Playboy in his bathroom? And what about the tattoo on Leonard's head? Under regulation 47-900, is he prevented from walking into his own bar?
"I have not seen any legal authority giving the state special power to ignore the First Amendment simply because beer or hard liquor might be around," Silverstein says. "The state has been unable to trace any kind of trouble to the signs or the language on the signs."
Silverstein also contends that the state seized Leonard's signs without a warrant and then initiated an administrative proceeding -- one that ultimately could lead to the revocation of his liquor license -- without first giving Leonard a chance to defend himself. In fact, Silverstein suggests, the state moved ahead with that proceeding in order to punish Leonard for criticizing the liquor division publicly after his signs were taken.
But Leonard's isn't the only liquor-related business to offend the bluenoses at the Colorado Department of Revenue. In 1995, Broadway Brewing introduced a seasonal Scottish microbrew called Road Dog Ale, which featured a label designed by artist Ralph Steadman with this quote from Hunter S. Thompson: "Good Beer, No Shit." Using the anti-profanity regulation, as well as federal and state standards for beer labels, liquor-enforcement officials determined that "Good Beer, No Shit" was obscene.
The ACLU also sued on behalf of Broadway Brewing. And in court, David Reitz, director of liquor enforcement, and Renny Fagan, then the executive director of the Department of Revenue, offered some insight into how they defined "obscenity." It was common sense, they said: If a word is generally considered a swear word and "is not common in official discourse and would not be appropriate in a formal social setting," it probably would not belong on a beer bottle. Or in a bar, for that matter.
"It strikes me as common sense that a swear word is obscene and indecent and does not belong in official discourse in our state," Fagan said. "You don't see a swear word advertised in normal advertisements, you don't see a swear word in official publications that adhere to good taste. Coloradans know that liquor and beer is a regulated product. So to some extent, citizens look to the government as one means of enforcing social norms for both discourse and decency. And, therefore, the linkage is that a swear word does not belong on a beer bottle."
When common sense failed him, Fagan consulted a dictionary -- in this case, the second collegiate edition of the American Heritage Dictionary.
But Webster's New International Dictionary of the English Language, Silverstein pointed out, lists two definitions of "shit": one meaning to "defecate," the other to "talk nonsense" or "attempt to deceive." And linguistics experts testified that "Good Beer, No Shit" is actually slang for "Good Beer, Really!" or "Good Beer, No Kidding."
The state nixed the label anyway, and in March, a district court judge sided with the state. The case is now on appeal. In the meantime, Road Dog Ale is being marketed under a new label: "Good Beer, No Censorship."
While Leonard awaits his hearing before the state liquor-license authority -- which will determine what action to take against Leonard's II, including the possible suspension or revocation of his license -- his suit against the state wends its way through district court. (Reitz says he cannot comment on Leonard II's situation while the case is pending.) In October, Leonard won a minor victory: Denver District Court Judge William Jones ruled that Leonard could post X-rated signs while his assorted cases are pending. But the judge also decided to let the state hold on to the 29 confiscated signs, even though he suggested they were seized improperly.
The decision was not a "get-out-of-jail-free card" for Leonard "to do whatever he damn well pleases," Jones cautioned. But until the legal issues are decided, people should consider Leonard's II "like Eddie Murphy on television," the judge said. "If you don't like it, turn it off. In other words, in this case, if you don't like what is said in the bar, don't go there."
Back at the bar, Leonard scribbles away on a legal pad, designing another sign. This one is for his office: "Do Not Fucking Touch, Look At, Feel, or Smell This Fucking Door."
"People are always coming back here and pounding on the door and wanting to talk when I'm trying to work," he explains. "Fuck that."
After his case against Colorado went public, people from around the world wanted to talk with Leonard Carlo. The BBC interviewed him, and Rolling Stone spent several days with him in Colorado Springs. But although he's having fun, Leonard insists he's not in this for attention. His business hasn't been affected one way or the other by the media spotlight. In fact, he says, the attention might actually have driven away a few people. "Publicity," he scoffs. "Yeah, right. Like I need that bullshit."
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But he did get a recording out of it: A buddy of his in the Oak Ridge Boys wrote a little ditty called "F***in' Leonard's," with a vocalist singing about Leonard's saga while Leonard himself recites a litany of dirty words.
Other than that, it's been business as usual, Leonard-style. On New Year's Eve, he threw out every bottle of beer in the place. "Beer drinkers are the cheapest motherfuckers in the world," he says. "It's all right for kids, but why go in a bar to drink beer? Come on. Have a little finesse. From now on, it's just wine and whiskey." And lots of four-letter words.
One's on the next sign he plans to make and post for all the world to see, state investigators included: "Fuck Censorship."


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- General information on EU trade with Moldova
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EU-Moldova trade rules of origin:
Moldova benefits from autonomous trade preferences granting unlimited duty-free access to the EU market for all its originating products, except certain agricultural products (until the end of 2015).
In addition to the autonomous trade preferences a deep and comprehensive free trade area was established by the EU and Moldova as from 1 September 2014. Moldovan traders may choose the preference regime for their exports to the EU until the end of 2015.
Moldova is also a partner country of the Eastern Partnership within the European Neighbourhood Policy. In 2014, the EU and Moldova agreed on the priorities for reform in the country (see Association Agenda). The set priorities are based on the newly established Association Agreement.
Moldova is a member of the World Trade Organisation (since 2001) and party to the Central European Free Trade Agreement (CEFTA).


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Chairs & Footstools
Sit back and put your feet up with our stylish range of natural wicker chairs and footstools. All of our the natural wicker chairs and footstools are available with natural or black cushions. This fully sustainable furniture also includes sofas and coffee tables within its range. Manga chair and Zara footstool illustrated.


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"Jeff Janes" <jeff(dot)janes(at)gmail(dot)com> writes: > Starting with commit b4b6923e03f4d29636a94f6f4cc2f5cf6298b8c8, > "Fix VACUUM so that it always updates pg_class.reltuples/relpages." > After running make installcheck, the tables regression.public.slow_emp4000 > and regression.public.fast_emp4000 get analyzed once a minute even though > they have no activity. None of the other installcheck tables, just those > two. > This has no direct negative effect that I know of, but it seems to be a > worrying symptom that pg_class or some related entity may not be getting > updated correctly. Hmm ... seems worrisome, all right, but I don't see that happening here. At least I don't see any indication of it in pg_stat_all_tables.last_autoanalyze. Are you looking at that, or some other evidence? Do you have any nondefault settings? regards, tom lane
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Answered by:
Converting nchar to int (or numeric/decimal)
Hi ,
I have a column in my extract table as nchar(3) and in the destination (the same column with diff name ) it is decimal(3,0) .....i tried to use dataconversion transformation.....i even tried to use cast/convert fn's in the SQL Command (which i use in the "Source Transformation" to get the columns from the extract table).
I tried all the ways i can and still i get the same error..:
[OLE DB Source [1]] Error: SSIS Error Code DTS_E_OLEDBERROR.
An OLE DB error has occurred. Error code: 0x80040E07. An OLE
DB record is available. Source: "Microsoft OLE DB Provider
for SQL Server" Hresult: 0x80040E07 Description: "Error
converting data type nvarchar to numeric.".
Can we actually do it...?? any help would be appreciated.
All replies
you have non-numeric data in the source column that fails the conversion. Have you tried to configure the error output of the conversion transformation to re-direct error so the 'bad' rows are sent to a diffrent output where youc can inspect them?
No ..No....Its Numeric in the source though the data type is nchar(3).
The thing is actually the column in the extract table has records as 110,150,160,170 and so on .....but its data type is nchar(3).The reason is this extract table comes from AS400 and while extracting As400 doesnt allow to send records if the column in the extract table on Sql Server is defined other than nchar...so have to go with nchar or nvarchar.
Adamus Turner wrote:
Works fine for me:Code Snippet
CREATE TABLE #temp(test nchar(3))
INSERT INTO #temp SELECT '111'
INSERT INTO #temp SELECT '211'
INSERT INTO #temp SELECT '311'
SELECT SUM(cast(test as int))FROM #temp
DROP TABLE #temp
Yeah, but Ravi's source is AS400, not SQL Server. Though, the other option is to stage the data into SQL Server as it is in AS400, and then use a cast statement when pulling records from the staging table as Adamus has illustrated here.
Hey phil,
I extract the table from AS400 to extract_table on my extract database which is SQL Server DB , from there when i need to make some transformations then my column on the staging is decimal(3,0)....where as on the extract table it is nchar(3).
I tried similarly by declaring some variables and casting and converting ...it doensnt work..or am i doing some mistake...:
DECLARE@X nchar(3)
DECLARE@Y int
SET@Y = Cast(@X as int)
thanks for all you views/immediate response's...
let me know if i am doing a mistake here..
Hi ,
I think i figured what it was i mean i have like around 200,000 records being pulled in to the extract there ....from which were few records which were nonnumeric in the nchar(3) column i.e apart from '100' , '510' ......there were records with 'MVR' which was causing all the problem... guess...
thanks for the quick responses...
Then check isnumeric before the cast and set non-numerics to 0:Code Snippet
CREATETABLE #temp(test nchar(3))
INSERTINTO #temp SELECT '111'
INSERTINTO #temp SELECT 'AAA'
INSERTINTO #temp SELECT '311'
SELECTCASE ISNUMERIC(test) WHEN 1 THEN CAST(test as int) ELSE 0 END
DROPTABLE #temp
Just a tweak. You may want to set them to NULL, versus a 0. NULLs would be excluded from any math/aggregation totals you may be creating, such as an average. Using a 0 would allow that value to be used. So it's up to you.
In SSIS, you can use a conditional split to move numeric records to your destination table, and non-numerics to the trash, if you desire. Or, you can assign new values to the non-numerics. Up to you.


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Last August, The-Dream dropped 1977 for free via his website. With the re-issue craze alive and well, it looks like he'll be throwing his hat into that ring, with a retail release of 1977 set to drop on the 18th of December. Much like The Weeknd's Trilogy, Dream will include a few bonus tracks, including "AK47" and this new, sparse cut "Tender Tendencies," on the retail version. This one feels almost like something Frank Ocean would murder, with a slow build of off-kilter sounds (from what sounds like echoed snares to looped creeking), creating an intense soundscape before the kicks even come in. Get lost in this.
The-Dream - "Tender Tendencies"
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found a new home!
Plenty of my friends are looking
for one too. Find a pet to adopt.
I am already neutered, purebred, up to date with shots, good with kids, and good with dogs.
Trixter, a Studio City Chihuahua dog was adopted! Here's how you can benefit by looking at adoption as an option to buying a Chihuahua for sale in Studio City, or seeking a Chihuahua dog from a breeder in Studio City.


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Peek into the future of Git with Android, Google and GitHub. Learn
about the 450x server performance improvement developed by Google and
GitHub, and get a glimpse of the scaling roadmap.
Shawn Pearce has been actively involved in Git since early 2006. Shawn is the original author of git-gui, a Tk based graphical interface shipped with git, and git fast-import, a stream based import system often used for converting projects to git. Besides being the primary author of both git-gui and git fast-import, Shawn's opinion, backed by his code, has influenced many decisions that form the modern git implementation.
In early 2006 Shawn also founded the JGit project, creating a 100% pure Java reimplementation of the Git version control system. The JGit library can often be found in Java based products that interact with Git, including plugins for Eclipse and NetBeans IDEs, the Hudson CI server, Apache Maven, and Gerrit Code Review, a peer code review system specially designed for Git. Today he continues to develop and maintain JGit, EGit, and Gerrit Code Review.
For exhibition and sponsorship opportunities, contact Sharon Cordesse at firstname.lastname@example.com
For information on trade opportunities with O'Reilly conferences contact firstname.lastname@example.com
For media-related inquiries, contact Maureen Jennings at email@example.com
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The Kindle is probably the best gift, especially for Christmas last week, according to Amazon and that customers have bought more Kindle than books. Part of the reason is due to Barnes & Noble's competing Nook e-reader which was having shipment problems, though customers who placed preorders were assured they would receive the Nook in time for Christmas.
Amazon.com on Saturday released its annual post-Christmas statement on holiday sales and made one thing clear: the Kindle was king, perhaps fueled by continued shifts in plans for shipments of Barnes & Noble's competing Nook e-reader.
"We are grateful to our customers for making Kindle the most gifted item ever in our history," said Amazon founder and CEO Jeff Bezos.
In another milestone for the e-reader, the company noted that on Christmas Day, for the first time ever, Amazon customers bought more Kindle books than physical books. The company didn't offer specific numbers for either category.
The peak shopping day for the online retailer was December 14, when customers ordered more than 9.5 million items worldwide, "a record-breaking 110 items per second."
Among those items bought between November 15 and December 19, the top electronics, following the Kindle, were Apple's iPod Touch 8GB and the Garmin Nuvi 260W GPS.
Source: CNET


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PEMBROKE, N.C. – The University of South Carolina Aiken
softball team earned a doubleheader sweep against UNC Pembroke on Friday
evening at LRA Field.
USC Aiken (20-14-1, 7-7 PBC) picked up a come-from-behind
victory in game one, 13-3, and won game two over UNC Pembroke (18-25, 4-10
The Pacers will next be in action on the road on April 2
against West Georgia. The doubleheader is scheduled to begin at 2 p.m.
USC Aiken will be at home the next day, April 3, as they
play host to non-conference opponent Carson-Newman. First pitch of game one is
slated for 1 p.m.
Game 1: USC Aiken 13, UNC Pembroke 3
USC Aiken earned a comeback win over UNC Pembroke, 13-3,
in game one on Friday.
The Braves owned a 3-0 lead after five innings in the
first game of the doubleheader. Taylor
Cloninger led off the bottom of the first inning with a solo home run, and the
Braves added single runs in the third and fifth frames to take the three-run
The Pacers' first runs came off of a Sarah Montei single
with the bases loaded in the top of the sixth inning. Lindsey Jones and
Victoria Burkett scored on the play. Kyle Maguire would score later in the
inning on an error to tie the game at 3-3.
USC Aiken was able to post a 10-run inning in the top of
the seventh, led by Victoria Burkett picking up two hits and three RBIs in the
inning. A Shannon Traylor (Prosperity, S.C./Mid-Carolina HS) single and Cortney
Sadler double also drove in two runs each in the inning. Kaitlyn White and
Alyssa Cook (St. Leonard, Md./Aiken Tech) picked up RBIs in the top of the
seventh as well.
USC Aiken out-hit UNC Pembroke 15-7 in the victory.
Cloninger was the only Brave with multiple hits in the game.
Every Pacer starter was able to pick up a hit in the
game. White (McAllen, Texas/College of Charleston) and Burkett led the way with
three hits apiece; each went 3-for-5 at the plate. Burkett (Gilbert,
S.C./Gilbert HS) also had three RBIs and scored three runs in the win.
Nicole Borden (Jacksonville, Fla./Bolles School) and
Montei both collected two hits, and Montei (Summerville, S.C./Summerville HS)
had two RBIs in the game.
Taylor Morgan earned the complete-game victory in game
one. Morgan (Chapin, S.C./Chapin HS) fanned three Braves in pushing her record
to 9-7 on the season.
Starr Gilley took the loss for UNC Pembroke, giving up
five earned runs in five innings.
Game 2: USC Aiken 6, UNC Pembroke 5
USC Aiken secured the doubleheader sweep with a 6-5
victory over UNC Pembroke in game two on Friday.
Both teams scored two runs each in the first and second
innings to put the game at a 4-4 tie after two innings.
Burkett picked up an RBI in the first inning to start the
scoring, and then Jones stole home to plate the first two runs. Jones (North
Augusta, S.C./North Augusta HS) would also drive in two runs with a single in
the top of the second inning.
Holley Berry had two RBIs in the first two innings to
lead the early scoring for the Braves.
The Pacers took a 6-4 lead in the top of the fifth inning
by way of a Sadler (Bradenton, Fla./State College of Fla., Manatee-Sarasota)
sacrifice fly and an Andrea Daring (Ridgeland, S.C./Thomas Heyward Academy) double
to right center field. Burkett and Hillary Stewart (Blythewood, S.C./Blythewood
HS) scored the Pacer runs in the inning.
The Braves were able to score once in the bottom of the
seventh inning, but India Kornegay was able to get a strikeout and induce an
infield popup to end the game with the potential tying run on base.
USC Aiken and UNC Pembroke each obtained nine hits in the
game. Three Braves were able to pick up multiple hits in the game.
The Pacer offense was led by Jones, who went 2-for-4 with
two RBIs and a run scored in the game. Burkett also had two hits in the game
for the Pacers.
Kornegay (11-7) earned the complete-game victory for the
Pacers. Kornegay (Eufaula, Ala./Eufaula HS) gave up five runs and struck out
three in the win.
Natalie Klemann (6-7) got the loss for the Braves in game
Game One: http://www.pacersports.com/sports/sball/2012-13/boxscores/20130329_4r1f.xml
Game Two: http://www.pacersports.com/sports/sball/2012-13/boxscores/20130329_27hv.xml


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Item Details
- Item Actions
Small Watershed Program [electronic resource]: Hearings Before the United States House Committee on Public Works, Subcommittee on Watershed Development, Eighty-Sixth Congress, First Session, on Feb. 10, Apr. 21, 28, May 22, June 17, Aug. 20, 1959
United States. Congress. House. Committee on Public Works. Subcommittee on Watershed Development
- Format
- Online; EBook; Government Document
- Published
- Washington : U.S. G.P.O., 1959.
- Language
- English
- Series
- ProQuest U.S. Congressional Hearings Digital Collection
- SuDoc Number
- Summary
- Committee Serial No. 86-11. Considers plans for 11 proposed watershed projects in 9 states, including Lick Creek, Tenn., Chiltipin-San Fernando Creeks and San Diego-Rosita Creeks, Tex. Includes "General Storm Report" by Soil Conservation Service, Sept. 1957 (p. 19-86).
- Description
- iii, 179 p. ; cm.
- System requirements: PDF reader software.
- Notes
- Record is based on bibliographic data in ProQuest Congressional Hearings Digital Collection (last viewed Nov. 2009) Reuse except for individual research requires license from ProQuest, LLC.
- Access to the Congressional Hearings Digital Collection is restricted by license to users on UVA's network. This document may also be available in print or microform at either UVa's Alderman or Law Libraries.
- CIS No. HRG-1959-PWH-0008
- Record is based on bibliographic data in ProQuest Congressional Hearings Digital Collection. Reuse except for individual research requires license from ProQuest, LLC.
- Reproduction Notes
- Electronic reproduction. [Bethesda, Md.] : ProQuest, 2004. digital, PDF file. ProQuest U.S. Congressional Hearings Digital Collection. Mode of access: World Wide Web via ProQuest website.
- Technical Details


text:
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One Vote Really Does Matter-It's A Tie for Second In Sunnyside
A message in civics from the Sunnyside City Council race. Your one vote does matter, and don't forget to sign your ballot. After last weeks primary, incumbent Don Vlieger had 57 votes, Spencer Martin was in second place with 56 votes and Victor Ochoa's was in third with 55 votes. Today the Yakima County Auditors office counted a ballot that just came in from a man who initially forgot to sign his ballot. That ballot was cast for Ochoa, that means there is a two-way tie for second. Ochoa and Martin each have 56 votes.
Yakima County Auditor Corky Mattingly says they have decided how they plan to break a tie, "where going to do a random drawing and then the person who has the lowest number will be the person who continues on to the election." The top two finishers advance to Novembers general election.
Mattingly says this re-enforces the belief that every vote counts. "It really does matter, this is a perfect example of how one vote can make a difference."


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HT faves My Morning Jacket returned tonight to play a set at Centennial Park in Atlanta, their first gig since January. MMJ's set was part of the Big Dance festivities to celebrate the NCAA Men's Basketball Championship Final Four, which will be held at the nearby Georgia Dome on Saturday and Monday.
You can watch a webcast of the set here.
Jim James and Co. came out of the gates with the rare opener call of Magheetah before offering off a double dose of songs from their most recent LP, Circuital, in the album's title track and Outta My System. The Louisville-based band didn't display any rust as they moved through staples I'm Amazed and Off The Record, connecting each song in the opening segment with noisy, fuzz-laden interludes. Lay Low showcased duel lead theatrics from James and Carl Broemel before dissolving into a whirl of feedback out of which Victory Dance emerged. Jim took an opportunity to welcome the crowd and espouse what a beautiful night it was in between First Light and Wordless Chorus and later dusted off his trusty Omnichord for Touch Me I'm Going To Scream Part 2. More Circuital material came in the form of Holdin' On To Black Metal which was followed by romps through classics Gideon and Anytime. The power-packed, 80-minute set ended the way many MMJ festival sets do, with One Big Holiday.
Set: Magheetah > Circuital > Outta My System > I'm Amazed > Off The Record, Lay Low > Victory Dance > First Light, Wordless Chorus, Touch Me I'm Going To Scream Part 2, Holdin' On To Black Metal, Gideon, Anytime, One Big Holiday
There are currently no future My Morning Jacket performances scheduled.
3 thoughts on "My Morning Jacket @ Centennial Park – Atlanta: Setlist"
April 6, 2013 at 1:28 am
Anyone else annoyed by the sound quality at the show? The setlist was what you would have expected and they came out swinging but waow was that sound just bad.
April 6, 2013 at 11:38 am
I was about 30 feet back, stage left and I thought the sound was fine.
Really fun show btw. Totally worth the price of admission.
April 7, 2013 at 10:32 pm
Very entertaining show….I have to agree with Sebastian a little though. The sound and reverb was off in circuital, and into outta my system. Though they got it worked out, or the beer took effect. The show seemed to get better as the sun went down. Anytime was an awesome experience. My 3 year old son thoroughly enjoyed his first MMJ show.


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Recycled Plastic Furniture
This range of furniture is great for outdoor use and can be used as indoor furniture in some instances too. Made from 100% recycled plastic and manufactured in an Environmental Standard ISO 14001 registered facility in the UK. Recycled plastic is fantasically durable, strong and heavy therefore making it ideal for public areas. It is washable with hot soapy water, making it a great alternative to wood as washing them down can be less up keep than re-applying a wood sealer every year. Please note each individual product has different pricing details so please read the details of each product carefully and ring us for details or to order.


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Theory & Disconnect
Take 1999's The Sonic Language of Myth: Believing, Learning, Knowing. The title of the album alone might be enough to scare off a casual fan. The music itself is hugely varied, a mixture of passion and knowing experiment. "The Twelve Powers" is a churning rhythmic workout, with pianist Jason Moran and vibraphonist Stefon Harris both playing thrilling, blues-based solos. On the other hand, "Maat" sounds like a droning invocation, mixing strings, wordless vocals and droning horns. The jabbing horn lines of older Coleman recordings are still in evidence ("Precession"), but both the contrapuntal lines of African music and some elements of Western composition are more rich.
For those of us who had been following Coleman with some care over the years, there was a sense that what he was doing was both powerful and occasionally dull. His bands were exceptional—he was attracting both powerful contemporaries like Craig Handy and Ravi Coltrane and the sharpest young talent such as pianist Vijay Iyer. (Iyer, indeed, has been quoted saying, "To me, Steve is as important as Coltrane. He has contributed an equal amount to the history of the music. He deserves to be placed in the pantheon of pioneering artists.") Yet his output is also tedious, at times.
I recall vividly an evening a couple of years ago in the outdoor sculpture garden at the Museum of Modern Art in New York. It seemed like a perfect summer night for some exciting music, but Coleman and his band Five Elements came out sounding mechanical and monotone. All the jibber-jabbering horns and asymmetrical interlocking were on display, with a voice interlaced sonically with the jazz instruments. Unfortunately—on that night at least—it all sounded like an exercise, with too little passion coming to the fore, even when the great players were improvising. The impatience of the crowd was plain, and I shared it.
Coleman wasn't connecting that night, and that has been the case in many of his recent recordings, too.
Steve Coleman's Latest, Harvesting Semblances and Affinities
The year 2010 brings us a new recording from Five Elements on a new label, the esteemed Pi Recordings, and with a somewhat sharper sense of connection. Harvesting Semblances and Affinities was recorded in 2006 after a long residency by Coleman at New York's The Stone, and it features a group that, today, seems like a crackling all-star group.
It's hard to say whether my reaction (and critical reaction in general) to Semblances is increasingly positive for pure reasons or whether some of us are more receptive just because this is Coleman's first new domestic recording in almost a decade. There is a sense that Semblances is a reemergence.
The disc punches at the listener first with "Attila 02 (Dawning Ritual)", a typical pulsing Coleman tune that is animated largely thanks to the expressive and edge-of-your-seat drumming of Tyshawn Sorey. Jen Shyu is the vocalist and her work here is the most striking that I've heard of hers: she seems higher in the mix than in the past, and while she doesn't really take the lead on more than one tune, she seems sufficiently sonically distinct to bring the recording some edge.
"Beba" has the kind of circular melody that seems like it could go on forever in a dodging loop. Even Coleman's solo has the same quality, with the line sounding partly like bebop and partly like a very symmetrical saxophonic tap-dancing. Again, Sorey brings a dancing quality to all this music, a New Orleans-y groove that serves it very well.
The more introspective tunes feel more like theory. "Clouds" gives trombonist Tim Albright some nice work, then it sets up Shyu for another wordless lead melody task, floating out over the interlacing horn lines. I have to confess that I'm not sure how I really feel about Shyu's wordless syllables, which make her sound like she is singing a very important song in an unknown foreign tongue. What, exactly, is the point of having singing if the singer is going to be nothing more than another horn? "060706-2319 (Middle of Water) fares better, with the range of feelings and settings for the soloing much wider.
Finally, Shyu gets some real words on "Flos Ut Rosa Floruit", an adaptation of a choral work by a Danish composer. Coleman's sympathies with classical composition come through there, as his techniques of arrangement not only complement the melody but also suggest a fresh middle group between jazz and purely notated music.
"Attila 04" is a straight-up blowing workout for the band, with a great solo from trumpeter Joanathan Finlayson and more smashing propulsion from Sorey. And the album ends with "Vernal Equinox", which clear reprises the punching figure of the opening tune, bring this collection into circular cohesion.
Harvesting Conclusions and Ambiguities
My own experience of enjoying and learning from Coleman's music over has been overwhelmingly positive. If he didn't turn out to be the lovechild of James Brown and Charlie Parker that I first thought he was, then he ultimately turned into someone more interesting, if less fun. (If you want to get your head expanded, musically, spend a few hours at M-Base.com and you will see that Coleman's art is as carefully considered as any 12-tone classical form.
As my colleague Kevin Whitehead said eloquently in his Fresh Air review of the new record, "If Steve Coleman's music sounds a little chilly sometimes, it's because he's more interested in compositional logics than setting a mood. That's okay; there's room for all kinds of approaches." I agree. Coleman's music is riveting but often more for your head than for your heart. As a result, he has created interesting new structures for jazz composition and improvisation, and he has seeded many interesting clouds.
The musicians who have worked with Coleman and learned from him are among the finest in on the scene today: technical and passionate. Coleman should get some credit. If you come over to my house to take away all my Coleman CDs, I'd fight you, but not to the death. But if you came to thieve by Cassandra Wilson, Jason Moran, Vijay Iyer, Steve Lehman… You get the picture.
With Harvesting Semblances and Affinities, it seems like Coleman himself raised the heat just a little bit. I'm still not sure that this music is a proper end in itself, as opposed to a brilliant means that jazz is lucky to have access to. It rarely feels cathartic or satisfying in the usual senses of those words. It doesn't provide the enjoyments that we seek from most art.
However, Steve Coleman's music is not "most art". Taken on its own terms, his art is smashing.
Maggie McClure "You For Me" (audio) (premiere) // Music
Rhyal Knight "Little Hands" (audio) (premiere) // Music
Rising Appalachia 'Alive' (album stream) (premiere) // Music
Stevie Wonder Takes a Knee as Green Day and Others Also Speak Out at Global Citizen Festival
// Notes from the Road
"The 2017 Global Citizen Festival's message for social action was amplified by Stevie Wonder and many other incredible performers and notable guests.READ the article


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Ditto X2 Looper
Ditto X2 Looper
Software+ Show version history + Hide version history
Changes in version 1.2.00
Ditto X2 Looper Software Windows - Version 1.2.00 - 2.71 MBReleased: Monday, June 16, 2014
- additional support for 16 bit audio files (aiff and wav). For better compatibility with existing DAWs you will now find 2 additional 16 bit/ 44.1kHz audio files in the Ditto's track folder when storing your loops.
- level management for stored audio files. Exported Files will be normalized when exporting them to your computer to make it easier to edit them further in the DAW of your choice
- enhanced protection for buffer underuns. This is a new safety mechanism to deal with "bad blocks" of the flash RAM memory chips.
+ Installation - Installation
To install the software update proceed as follows:
Ditto X2 Looper Software Mac - Version 1.2.00 - 2.06 MBReleased: Monday, June 16, 2014
- download the Ditto X2 firmware update installer for your operating system from the Tc electronic website and store it on your computer's harddisk
- connect your Ditto X2 with an USB cable to your computer
- get your Ditto X2 into Boot mode by inserting the power jack while holding down the Loop switch (the Loop switch LED will turn green indicating that your pedal is ready for software upload)
- open the installer and select your X2 from the output device
dropdown menu as seen in the screenshot below (note: If you are
using Windows XP your X2 will be listed as "usb audio
press the (green) update button to start the firmware upload and wait until the progress bar has reached 100%.
your pedal will then automatically reboot and is ready to use.
Ditto X2 Looper
Certificates of Conformity
Ditto X2 Looper


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New Delhi: Delhi-based commercial real estate portal Creindia.com launched an online commercial property fest CREBazaar on January 30th 2016. Being hosted on the site until February 2nd, this four day fest is showcasing more than 500 commercial properties in Delhi-NCR with limited period deals.
Further addition of properties will be kept on adding during the event days. Projects being offered are nearing possession and include sale, lease and pre-leased options.
"Our USP of the event lies with our plan to showcase only ready to move-in or 70 percent completed commercial properties, with the added advantage of attractive discounts for limited time period", said Ajay Rakheja, CEO and Co-Founder, Creindia.com.
Commercial real estate market in India has in recent times opened up avenues for retail investors to enter and benefit from the higher yields than those offered by other asset classes such as residential. With smaller floor plates (10,000 sq ft or lower) now being offered in markets like Delhi/NCR, it is easier for potential investors as well as smaller companies to take up office or retail space.
Increasing consolidation among corporate as well as the growth of new sectors such as e-commerce are fueling the demand for commercial real estate. Against this backdrop, technology intensive tools that are built around information gathered from the field are reducing the lead time for transactions.
Creindia.com offers a decision tool that is being used by corporate, start-ups, developers, consultants and investors to gain access to on-ground information about selected micro-markets. The listings on the site are all verified by a team of experts and the details being presented are up to date with the current status of each property.
Through the CREBazaar four day showcase, interested buyers and investors are being offered a selection of the best deals in the Delhi NCR commercial real estate landscape.
"This is the best time to invest in commercial real estate and we have seen increasing interest from all sections of the market for the products on offer. The " CREBazaar pre-registration that we opened 15 days ago saw more than five lakh visitors, The reach of this event is spread and targeted to HNI, NRI, startups, SME, brokers, developers , landlords and fraternity members" said Rakheja.
The site currently showcases more than 15,000 listings of properties in and around Delhi/NCR, Chandigarh and Lucknow. The products on offer include offices, high street retail options, IT/ITeS buildings and will soon be expanded to include warehouses, malls, industrial spaces, standalone buildings, built-to-suit options and other commercial real estate offerings in Delhi/NCR and beyond. (ANI)


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Congratulations Darwin, you can access Optus NBN now!
Delightful NBN news Darwin! Optus NBN is currently surging through your area. Homes and businesses in areas including Tiwi, Lyons, Leanyer, Wanguri, Casuarina, Anula, Moil, Wagaman, Wulagi, Alawa, Malak, Marrara, Karama, Stuart Park, Fannie Bay, Larrakeyah, Parap, The Gardens, Moulden, Rosebery, Woodroffe, Marlow Lagoon and Darwin City can now upgrade to one of our lightning-fast, budget-loving Optus NBN plans! Get started now by choosing one of our plans and enjoy the future of broadband with Optus today!
Never fear Darwin, high-speed NBN is coming to you soon!
From Litchfield to Palmerston, we've got you covered Darwin. We'll be dropping into streets of East Point, Eaton, Fannie Bay, Ludmilla, Parap, The Narrows, Woolner, Bayview, Brinkin, Casuarina, Jingili, Nakara and Alawa by mid 2015.
As for you Durack, East Arm, Gray, Palmerston City, Farrar, Yarrawonga, Driver, Gunn, Rosebery and Bakewell, we'll be seeing you in September/October 2015.
The wait is almost over for additional addresses in Rapid Creek, Millner and Coconut Grove as we're bringing you the next-generation of broadband in November/December 2015!
If you don't currently have access to Optus NBN in your area, rest assured – it's on its way! Stay in the loop by signing up for updates on the NBN rollout across Darwin. You'll also receive the latest NBN news on everything NBN, from how to connect to the NBN to our exclusive NBN plans and how NBN speed will change life as you know it!
Get ready with our NBN Starter Checklist
Let's set the scene Darwin. Optus NBN is pumping through your area or coming very soon. So what's next? Well you could do all the work yourself… or let us do it for you! At Optus we want to make the process of upgrading to our out-of-this-world NBN service as easy as possible, so we've narrowed it down to a few simple steps.
Check out our latest reads on everything NBN:
When will the NBN come to my suburb?
We can't help you jump the queue, but we can help you stay up-to-date with what's happening in your area.
I'm ready to connect to the NBN - What do i need?
National Broadband Network connections are on their way to your area? It's time to catch up on everything you need to do to connect your home or business.
We've never been newer
Get excited Darwin – better broadband is coming your way.
- Fast streaming
- Even more jam-packed plans
- Upgraded access to on-demand entertainment
- Next-level HD multiplayer gaming
- The best of live sports
These are just some of the amazing benefits Optus NBN will deliver to you! Optus NBN is all about sharing with you the unlimited possibilities of high-speed broadband internet. Check out our articles below on the latest NBN news for more information, including connecting to the NBN and what the NBN means for you.
Need a hand Darwin?
If you've still got questions about the NBN, we're here to help! Head over to our Support page for Frequently Asked Questions about all-things NBN.


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At the Movies
This inspiring new drama stars Ashley Judd and Ray Liotta.
It's the compelling story of twin brothers unknowingly separated at birth. Drexel Hemsley becomes an iconic '50's rock 'n' roll star, while Ryan Wade struggles to balance his love for music and pleasing his father. The Rev. Wade (Liotta) and his wife (Judd) are sure their adopted son has been gifted and called by God to be a preacher. But Ryan challenges his parents' vision for his life, and unflinchingly chooses to launch his own music career with his best friend. Encouraged by his wife and employer, Ryan embarks on an unpredictable path — performing Drexel's legendary music in sold out venues all across the country. As the brothers' destinies tragically collide, Ryan discovers that Drexel is his identical twin which leads him to question everything he's ever believed about God, family and his own identity.
"Identical" starts Friday at the Luxury 5 Cinemas. 107 minutes. It's rated PG for thematic material and smoking.
Bruce Willis, Jessica Alba, Josh Brolin, Lady Gaga and Joseph Gordon Levitt star in this new action hit.
Co-directors Robert Rodriguez and Frank Miller reunite to bring Miller's visually stunning "Sin City" graphic novels back to the screen in "Sin City: A Dame to Kill For." Weaving together two of Miller's classic stories with new tales, the town's most hard boiled citizens cross paths with some of its more reviled inhabitants. This is the follow up to Rodriguez and Miller's 2005 first highly stylized and groundbreaking "Sin City" film.
"Sin City: A Dame to Kill For" starts Friday at the Luxury 5 Cinemas. 103 minutes. It's rated R for strong brutal stylized violence throughout, sexual content, nudity, and brief drug use.
Pierce Brosnan, who popularly played 007 in four James Bond films, is back in the spy game in this new action hit.
Code named The November Man, Peter Devereaux (Brosnan) is a lethal and highly trained ex-CIA agent with killer instincts. When Devereaux is lured out of retirement by a former colleague for one last mission, he soon finds himself at the treacherous center of an international conspiracy. This intense and relentless espionage thriller is based on Bill Granger's best-selling "November Man" book series.
The film is directed by Roger Donaldson ("The Bank Job," "No Way Out"). It is executive produced by Brosnan and Dino Conte.
"The November Man" is held over through Sept. 11. 108 minutes. It's rated R for strong violence including a sexual assault, language, sexuality/nudity and brief drug use.
This new sports drama is based on the extraordinary true story of the high school football team with the longest winning streak in sports history.
The movie tells the remarkable journey of legendary football coach Bob Ladouceur (Jim Caviezel), who took the De La Salle High School Spartans from obscurity to a 151-game winning streak that shattered all records for any American sport, pro or amateur. It's the story of the people and their faith who came together to build their unstoppable team.
"When the Game Stands Tall" is held over through Sept. 11. 115 minutes. It's rated PG for thematic material, a scene of violence, and brief smoking.
This new romance drama starring Chloe Grace Moretz is based on the best-selling book.
Mia Hall (Moretz who played Hit Girl in the "Kick A--" movies) thought the hardest decision she would ever face would be whether to pursue her musical dreams at Juilliard or follow a different path to be with the love of her life, Adam (Jamie Blackley). But what should have been a carefree family drive changes everything in an instant, and now her own life hangs in the balance. Caught between life and death, Mia has only one decision left, which will not only decide her future but her ultimate fate.
"If I Stay" is held over through Sept. 11. 107 minutes. It's rated PG-13 for some thematic elements and some sexual material.


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PRZOOM - /newswire/ -
Mason, OH, United States, 2008/08/26 - Seapine Software Quality-Ready Survey results show that integrating SCM with other ALM tools is essential for quality.
According to results from the Seapine Software Quality-Ready Assessment (QRA), adoption of source code management (SCM) tools is nearly universal. Eight-one percent of software development professionals indicated that their companies have an SCM application.
Results from the survey also show that companies with SCM in place scored higher in all other application lifecycle management (ALM) competency areas. When evaluated on issue tracking criteria, companies that used a change management system scored 62 percent higher than companies without one.
Yet organizations still struggle to release software on time. More than one-third of the individuals surveyed said their organizations release on time and on budget less than 75 percent of the time.
Organizations often lack the traceability and efficiency benefits of an integrated solution, says Richard Riccetti, president and CEO, Seapine Software. While most companies use a source code management application, few integrate it with their issue management tool to create a complete change management solution.
According to the QRA, only 15 percent of organizations have integrated change and issue management systems. As a result, correlating code changes with defects is often a time-consuming, manual process. Poor integration between systems also hinders regulatory compliance and increases risk.
To increase the positive impact of change management, Riccetti recommends the following:
Expand the use of change management to all areas of the enterprise.
Store all information resources in the source code management tool. The benefits of versioning and branching are just as valuable for other documents as they are for source code.
Integrate change management with your issue and test case management systems. This integration lets you see relationships between the code and issues and results in better planning and more realistic deadlines.
About Seapine Software
With over 8,500 customers worldwide, Seapine Software, Inc. is the leading provider of quality-centric application lifecycle management solutions. Headquartered in Mason, Ohio, with offices in Europe and Asia-Pacific, Seapine solutions help companies reliably and efficiently develop quality software applications. Seapine's products support best practices, integrate into all popular development environments, and run on Microsoft Windows®, Linux®, Sun Solaris®, and Apple Macintosh® platforms.
Agency / Source: Seapine Software, Inc.
Availability: All Regions (Including Int'l)
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