edgar rules don't apply deference doesn't apply boston doesn't apply all of those other rules don't apply so this court's ruling on that on a clean slate in car vs gibson which was unpublished but it was raised in the


got to the firearm well there were four discrete items of evidence that that they tried to link mr scott to the firearm one was proximity but again there were three to at least two probably three other occupants of the car


anyway and i would submit that this case is actually more like fights and i recognize fights is an unpublished case a but in that case like here the gun was found in a jointly occupied vehicle but it was found in a location that was more specifically connected to the


not and in and so it's hard to see well if if this is is prejudicial it's hard to imagine because of this these


it's such a his first rule and the evidence in that of that aggravator was up stan it was probably times ten of anything we ever see in state court for this particular aggravator there was no way around the


your i do not think it is the only relevancy that they have talked about for his testimony is that it would refute any notion that dr ricci is may have


working out the odds happens to be the sea snyder and i agree very strongly in the need to embrace the uncertainty and to see this as a decision making process if you like under that uncertainty the


economy only delays are getting five hundred percent of capital richer a year at two hundred years from now i also said in the testimony that it would be very important to take a look not just at who might be differential be


american to cut to the chase of the debate and i'm not questioning your expertise today at all but i know that the american people are in question what can we tell the american people are residents in the right now one thing that they could do to help is i believe there is a


things that mr porter said nuclear energy has a very nasty byproduct and that nasty byproduct is nuclear waste only the only solution for its nuclear waste problem


for yucca mountain i don't know any of the numbers so i just make them up that was one of the better e mails but there were hundreds others that said exactly that i don't whatever they asked me for i give them and i don't no


the near future to deal with this growing monster of an a m t the most recent attempts to deal with the a m t have been through the use of patches and that's been a temporary expedient which has yelled at bigger and


and you can't do that without having some people pay higher taxes you can't replace an irrational tax without a rational tax without changing things one aspect of this question and one has to take into account is the


support it as we're demanding more from it to finance the growing demands of the government as the baby boomers retire let's also well i've i've also noted that i need to repeal or deal with the a m t is going to drive fundamental tax reform


that and so it is important that we deal with the issue for two thousand and seven a year that has already begun which is consistent with the administration's proposal so i thank the gentleman from texas i think rather than more questions


fifteen the incentives under the s g r formula are inappropriate medicare now pays physicians based on the quantity of services provided but not the quality and as physicians are threatened with payment cuts a natural response is to provide more services in fact c


process to be real blunt about what that means targets could be used to limit future increases in medicare payment rates for providers in addition this group of commissioners believes that having an expenditure target


against extending a ban on specialty on hospitals and i find that i'm disappointing out in the rural areas that i represent we have something quite remarkable for medicare and high


we've got the right solution you drop the gavel if anybody smiling like you are you got away with something your third quarter and i'm not sure that mr blitzer is going to let you take that out of los angeles so that's what we're faced with this


would at least begin the process of turning around and moving us back in the right direction towards an during the primary care services will be the central building block of a more accessible and effective system for medicare beneficiaries


our skewed reimbursement system to the extent we pay more for the kinds of things that you can get usually with information systems you can do the same thing i worry a little bit about whether we're going to step a step


most difficult problems from disease and famine to water scarcity and energy security just to name a few in addition to protecting and incentivizing inventors strong ip rights are also integral to promoting technology deployment and diffusion by


sure my pleasure i went into this in some more detail in my written testimony than i did orally and i would recommend that people also look to that but i think some of the most significant differences are that often in the pharmaceutical area to deal with a


of the negotiation why is it important for the united states to be a leader in resolving these issues in your opinion ms haverkamp i would slightly amend your description of intellectual property as one of the four main pillars one of the four main pillars is the transfer


view of it is a linear line what will help is if we do increase demand and that increases significantly and exponentially then those costs should go down even greater than the linear line


and could be in place within five years competing effectively with coal so where do you think that would be possible that is in what percentage for example of american consumers do you think could benefit


learning from our panel today whether or not they would support an independent investigation into the climate change unit e mails and whether or not these e mails raise concerns about the integrity of the scientific process i yield back my


modeling from intra seasonal to multi decadal to centennial time scales and a means to assess and communicate the climate information about current and future impacts three entities the intergovernmental panel on


valuations of clean energy stocks were down from their peak by around seventy percent before recovering some of their losses it is worth noting that they are still double what they were in two thousand and three a compound return over the last seven years


estate market so their plants are connected to land deals and the government is backing the loans do we have to wait on a potential collapse do you think in


was produced in china and they exported ninety five percent of it they did not deploy it in china they exported ninety five percent of it so this gets to the u s trade representative this gets to what the steelworkers are talking about this gets to


so that we have a level playing field politically because we are quite confident that our vision is correct let me just say again it is not that we leave behind coal that we leave behind oil because we make the investment in them as well to ensure that they become


increasingly lead to more co being absorbed by oceans that will make oceans more acidic and we are now beginning to understand the ocean's very capacity to absorb co from the atmosphere is being degraded


and how much is natural percentage wise


hockey stick theory there are information in the e mails that the publication climate research in which they were published ought to be boycotted because they weren't doing the politically correct thing


here at home the job creation benefits of the stimulus package were further undermined by the democrats political alliance with unions the government accountability office recently found that the pro union davis bacon language in the


we then after electing president obama began to address this problem that was deepening even after trying to


two hundred and eighty megawatts using their estimate the installation of these turbines may have created as many as six thousand eight hundred and thirty eight manufacturing jobs overseas domestically the market altering subsidization has the same economic effects the mohave desert solar


going to be a piece of that technical pie as well and as i mentioned in my comments we were awarded a conditional commitment from the doe for one of our projects in hawaii that we are building this


please the reality however is just seven which is less than a quarter of what the un would predict for a doubling of co concentration the conclusion from this is that we can explain


physical and biological systems and then it said well which of these are changing in the direction that is consistent with climate change being the forcing and which are changing in the direction that is not consisting the overwhelming conclusion is that the


and started to also reflect on the fact that if you thought about those dates those dates were very consistent with the time in which the norse vikings colonized greenland and iceland and the dates at which my trees


data and the development of documentation on computer code such that it could be widely distributed and understood by the general public was something that for years had not really been a


are really they are just spectacularly beautiful it is a very delicate shell they are a very very important part of the food web in the north pacific particularly for salmon we know that the pink salmon depends heavily on the pterapod for its food that was just one example i


see that doing the right thing to move us away from dependence upon fossil fuel is not inordinately expensive and that there are enormous benefits many of which have never been cost in this ledger then just finally if you go through these exercises you


those orders the cumulative effects now says that it did in that case was appropriate complied with need at the time the commission did that environmental and alice's and that


not a subject matter jurisdiction increased label but we typically look to the allegations the complaint site unusual to have a court making a determination based on facts as they are going to be at the moment that the court issues


track wait no no i want to make sure i want to get you on this track to make sure you're not disagreeing with what i'm seeing in this case is so weird situation it doesn't matter losing money or not in my


and practice of the parties was that the order would incur expenses including payroll for its veterans services officers which would then be covered by the foundation's payment after the fact by reducing those payments from an average of more than five hundred


discipline against mr about it and she understood that mr amano had directly worked on the dish not just that he had been present in the kitchen and fail to catch someone else's error but he had actually put his hands on that


concerning whether there was probable cause in violation of the th turning to mr richards th amendment claim the equal protection component of the th amendment prohibits the selective enforcement of the law


even if the statute didn't come into being as an as is an effect of law until january of two thousand and twelve it applies and it sets forth what the standard of conduct is for actions


contradicted evidence and there was no effort to try and articulate any other justification on crowbar so why bother contradicting it when the when the general counsel wasn't even arguing that that motivation was the he


reason rose out of a work related accident i don't know why we would go to any other now and all this analysis you're talking about when your client has already said in a stipulation that this


sixty months as were the second it was his determination he did not have to use the sentencing guidelines in fact that the statute did not say anything about using the sentencing and at that point to


that's now that's what i quoted earlier when i was questioning telcel for the titian there and i should clarify that in davidson we didn't say you have to distinguish every case if you ever decided you do have to spawn


all about the l p g you can make the timeline as long as you want to say that well they did this and they did that and did the other thing but if you look at the complaint it's very very clear that the allegations have to do with the valuation of a single asset that was exported


he failed to effect service mr kaczynski emailed the portuguese central authority and that of the polish central authority at the outset there were a number of the confusing events that occurred and once mr


arguments about it i think that that's the essential question well just a there are i don't want to take up all your time but just to go back a little bit you know the idea that well if the complaint can be repaired


the breeder case and so given that the definition of that's the benefits is out there by for courts of appeals it would not have been reasonable for melissa stanley to have known that that that planes that were being excluded were every single


nine subsequent opinions from the tanzanian courts that are in the appendix state that the bank admitted that payments were made up until nine hundred and ninety one and thus they were i'm sorry two thousand and one and


case and if you take that away and look at tanzania has admitted we have to grab them and have the suit is the judgment and that it's a fact without which we will lose the this case is definitely based upon the judgment


view he's here are you know just claiming it i think it's certainly a relevant fact but it's not necessary in my opinion because this is not a breach of contract suit but i do think that it is to


examine the definition of the phrase the people in the st amendment and concluded that quote the people refers to a class of persons who are part of a national community or who have otherwise develop


concert your argument assumes that the only basis for the government contract exception under the civil law is the st amendment but there's some question about that isn't there is some question about that in the


car which one of which is one of the few circuit cases that really talks about how you go about applying a four right as opposed to a one there's plenty of cases rattle a four and eighty or so government


arise when people come into d c for the principal purpose of interfacing with the us government and the like what this line of cases began with companies that were established in offices here and it has been articulated and developed sense now i want to make one


routine is to apply fish shifting statutes and to follow the life in a matrix that's true but has not denied in situations like this in my brief i cited a


out but i think i think it's important for the terms right because there is there's a sense in which on the plain meaning an upgrade charge sounds like something different than a transmission rate right i mean and the upgrade charges are


where have you argued that they are officers of the united not just state actors but officers of the united states which is what you have to argue to make them subject to the appointments process


that's true but but he's a he's in the household so it's true your honor i what do you have there would indicate an incident or incident in which this played if you torture that the kill or be killed or order


example the new york times which newspapers appear and probably every jurisdiction of the state of the union and one of the problems that i that your interpretation of the venue


and guarding marine which are two other cases the company site there isn't any kind of conduct anything that you can latch on to in the record by the union that would convey to employees that this person is acting on our behalf


whether or not that credits were being generated but the vast majority of those payments that you're on are were not truly at risk and so when looking at the risk of these entities in crosse


contacts by the shareholders we had contacts by depositors there were trips to the district of columbia by very very senior people they were in fact the chairman the general manager of the bank


no i just want to see whether any other judges had a question scarily not will take the matter under submission again thank you very very interesting argument us morning take care


sense and that and you know that that's that's that's fair although not necessarily from the earlier websites themselves i mean there are certainly the orbits and hot wires


didn't have the power to do that


the sordid it never had before that the direction came from president sirleaf this nobel prize winning president st st person who was a woman head of state in africa there were many in any indication this was an


understanding your argument your honor i don't believe so i believe our argument in the district court was that the entering slant motion we prevailed on to the same reasons as that will be six so we were aligning


and in the ordinary you know the way the universal service program has run historically before the two thousand and eleven reforms and how it it has it continues to operate today and collections are


there isn't a an increased demand here and i'm trying to understand from you are you saying that's the end of it if they cannot show an increase in demand to show that kind of a need much that should be the end of the inquiry is that what you're saying yes it should be the end


they started may have started talking before the open season for the rights


an event or seventeen final offer was any different than those prior claims your honour's i'm over my time but i would welcome the opportunity to answer any additional questions that the court may have i have a question about the remedy part of the


have to look at the the specific statute that's on point to getting permission to leave i'm not sure that there is a statute that says in the context that you describe it that you need the permission in an initial sort of dispute with no court order that you need


lift off we have to call it a wrongful tantrum is that right it's one hundred percent correct and you all asked about this timing issue so i had a moment when am i was listening to learn and


with the jurisdictions that in the united states has been adopted by a believe nearly every state if not all of them at this point the uniform child custody jurisdiction foresman act all that you're saying that the jurisdiction where they file doesn't have to be the jurisdiction the hague


it is subject to three congressional requirements st under section ninety eight dollars of the act any appropriate unit must be represented by an exclusive representative you cannot have a singular employee


not have any evidence of the collective bargaining agreement being menteri well couple of that puzzles maybe because even without a collective bargaining agreement in there is a collective bargaining relationship


nerves are correct about that question then your claim falls away right


like a second career that just been the best and we all fit our nation really well so you don't have to do everything but together we all really enjoy what we do


outlining how the city would approach participating in the bay front two thousand and twenty dialogue the commission directed the city manager to act as the layers and in order to continue that dialogue and use the two thousand and seven bayfront master


like a a p g thirteen for movie it's a great night to come out and get your skates on and listen to all top forty music


we have our new brochure that's on sale and all the brochures on sale that you want for free we sell all the shows obviously and i would recommend getting a subscription because that's the way you got the best seats absolute and the prices to yeah and call


the show airs they will be on sale and so you can get them either at on the phone at nine five three three three six eight or also through our website w w w ben ways all dot org and also you can come in


guests with him this year can you share that with everybody does jonathan butler christopher cross and we every time we can't decide how to say this woman's name but my perhaps or maybe i don't know we need to get the corporate pronunciation and i will tell you jonathan


trust me it's not the book of moron i'm amazed the book of mormon didn't sue him for the i think so but it's a different word and it's on april fifth and i think we have some video but i know chuck being a man you can learn a lot from this yes i can


william shakespeare who rock star of the day and so they go to a soothsayer and they asked the soothsayer what is the next big thing so we can beat shakespeare and he says musicals how about


and some of the parts with the nuns also sister but anyway that's that's an early show for us it's january fourth and it's on a sunday and you may think you heard that it was on january seventh but it's moved its state you heard wrong you heard that


the big name hotels but the little ones the boat hotels are sometimes are really great places to reflect and we're so proud to have so many of the hotels as our sponsors and that's the nice thing because you know we have we have performers that stay at all different kinds


know she can be a secret guest but she's not leaving till the end of july so we may see you at another episode but because she was retiring i did take tony with me usually julie and i go up to see the new broadway shows and talk to press agents and so forth


quality and kelly o'hara the sad thing is it closed the week i was up there it never found its audience and it was of course based on the movie with the photographer in the movie was well this was the music is stunning


and that should be october twenty sixth and susan boyle is november the sixth and we're going to be announcing a lot of great shows were rolling out some of the earlier ones but you know i was up in new york working on a lot of great shows that are about to come out


people and they will take care of all your services then otherwise you come in on saturday there will be food and drink in the beginning and then you get this thing where you can go on the computer and you can go on low and when it's all dot org so we make a phone call and of course the folks i will tell you that is our heavy


the good thing is we put beside yourself and my on they are peak committee a member of the sarasota orchestra staff one of our union stagehand served on that as well as someone from the city and so everybody had input so it there's no surprise that


off the participation of residents and their local government is very important to the well being of any community volunteer advisory boards and committees are a great opportunity for local governments to engage their citizens


then bracing our differences brought it back it's such a special show for children and you were involved with that as well and it's such a great story yeah any any time we can bring jewish culture history holocaust history to


all dedicated to peace and to and that's one of the thing the arts really does is it brings to the forefront so much of that expression that there can be joy and peace in the world where can people


and then we have a lot of great conference things we got to hear anna wintour the infamous you know the editor of vogue magazine a lot but we do want to bring you real briefly we have kettle of fish coming it's our first friday fest and that


continuously running christmas show and now it's been transformed from a t v type of presentation to on the stage so all these characters come to life and it's great that it's on a weekend night and it's at six thirty at night


world jay leno is coming to visit us and i'm very bummed because it's on january third and i have to go to new york i go to new york to try to buy shows for the next years and i'm going to miss jay leno and i am this to get a nice guy have


that it's great that it works so much as really and it's great because that's all we do is massage so it's a it makes it a nice easier schedule and i think it is one of the best things people could do out there you know i can tell you that a lot of our


years and people always tell us they're their absolute favorite and you can go out there and dance and and you know we'll have great food that you can buy from the vendors see a fantastic son a lot of fun it is a lot a lot on one and went to the next one the next one is


historic preservation board just to name a few many advisory boards require some experience in particular fields or professions and some only require residency in the city of sarasota for more information on the city of


they had so many tacos left over the whole family tacos for like three days we had half a bottle or a lot of and just a six we were excited about the families were excited to sit down and have that meal together before they had that i mean that's so important because that's a chance to really really bond


the staff of girls inc is excited about doing the project with the two yes in fact we actually will be doing the training with the staff of girls inc before we're able to do the project so that they know the strategies we're using they're going to be able to support them so is that something that you tend to look


this piece of land that it's just more than once that the van ways will this park could be used by almost anybody every day and where really blessed so we came here in the fall to interview for this project and there had already been work done to establish the community principle


teams what were they like an hour they their teams compared to the operations here in with the pirates or so you know i went to school for sports management i'd always want to work in baseball so i was fortunately able to follow through with that after i


frampton are on sale right now and the time jumpers are with vince gill been skill was here last year and did an incredible show and about this time last year i went to nashville and i can still see vince gill a very small club when he's in nashville folks he


then we also have the west coast black their troop performing in between so it should be if they're going to really get things moving to those guys are amazing and there's lots and lots of food with our food trucks and medicines is helping out and of course our great friend john supporter with gold


poured one out for me and he said well this is on the compliments of the hotel and he didn't have to do something like that and little touches like that i think from staff make you feel so so wonderful you've done a really great job of training your staff to be so accommodating which i


the things that may be different for our viewers is we are sitting here in what we call our meet and greet room where sometimes you get to meet the stars but since it was dominated by boar's head which is a meat company it's


and there is a phone number which i'm not going to quote because i can't remember it off the top of my good folks and stick it on that every year but that they can have we offer our wide variety of classes and then of course you can go to the college website which is s c f dot


many different tribes in south africa and part of the problem where all the tribes didn't speak together and mandela's tribe and this tribe did not get along and yet when paul simon came to south africa when he had done that fabulous


time where the lady was drunk and filming herself and posting you know and you just want to say where are where your mind's right but eighteen t is trying to provide us with fantastic phones with


event where you get your words you keep thinking what do we do next what do you do next year and of course barry manilow has so many number one hits he couldn't possibly even sing them all in one evening and then following the show there is one of the most fun after parties i


too so we'll be telling you a little bit about that as we go on but i'm really looking forward to it so let's start with our big show for the year motown is a graphical all that beautiful music of the motown generations every pop


that's the way i like it but anyway i want to thank you and i also want to tell real quickly we have friday fest coming up and july the july the tenth we have him bet the campbell creek band we just all you people get your country


july yes and what you come out meet a lot of the people they just love the fact they love the hospitals here in the area and yours is really really highly thought of and i was so happy to nobody's ever happy to go to the


do start to run out of tables so and so the patios been been helpful they help people think just need to get into the kind of the habit of remembering that you can dine outside on a beautiful evening to now you're a new yorker and you had an italian grandmother but i heard you


have you seen them before yes there is a lot of fun it is so much fun and especially my favorite is when they do the dying swan yes yes and then we also have sleeping beauty coming up with the russian national ballet and then doing


get their record played you know it's interesting it really has changed before it was you would kind of court the record companies and try to get a connection with the someone in the business now a days in country we've had significant


broadway where i saw a big production numbers and you see the films of the times you know and it takes you back to the sixty's actually if you can remember them you know there are those of us that have a little groggy memory but yeah the sixty's


by appointment to the parks recreation and environmental protection advisory board and lastly the appointment of a chairperson for the independent police advisory panel next the commission moves on to some unfinished business versus a discussion


twenty second street in the amount of twenty two thousand nine hundred dollars the city acquired their property through an office of housing and community development for closure action and finally this evening is the approval to authorize


testimony under oath which in summary proved two important things he was a drug dealer over a long period of time and number two that he needed to possess firearms a


that question why are you going to have to in the decide these claims for affirmative relief and they told him i said it on the record it's in the hearing last october on our motion to clarify


doesn't davison suggest that the safety concerns can come st before the questions i don't believe those safety concerns pertain to either one of them and as applied to this case i think if you


suppression hearing mr haley as he as he did today is arguing not that they didn't have the right to do it because there were certainly space for someone to hide in there and again the officers were sure whether we were looking at one or two individuals if


i think again the clothing is critical and the ability to access and the line of sight here there's a spotlight on this individual they never lose sight of him he never goes into anywhere where he could possibly produce a weapon the chain is never broken this officers on


them protections i mean there minnesota is not does not border the basket but it's very close to nebraska that we have a number of people traveling through here was minnesota plates from missouri plates another another state that they indicated they've had problems with before


violation or matter how minor but even if we don't know that the clear does not find that there is probable cause for the traffic stop and instead eyes a reasonable suspicion standard the government would still succeed under that that standard or standard


bucket when in fact this wasn't even this wasn't a drawing this wasn't a computer model this was a an actual working specimen manufactured by responded as a matter of fact put in the stream of commerce and purchased that had


percent of that most a lot of it anyway is for education i don't have a precise number for you but all of those things go toward education and that brings me to the problem of particularly in the educational context talking about a primary


purpose because i think of universities right universities have a substantial research function and the united states here has taken the position that you know research wouldn't count toward educational


is in cash and that is that is supported i don't believe it's i'm not certain whether it's in the record or not in the bank in the bank records that were provided to vigilant when vigilant paid out some of the


reasonable person would have would have knowledge d he is immune from suit still quoting accordingly an official is immune from sue if his actions did not violate clearly established principles of law which a reasonable


some sort cummings and some of the other question it was mentioned earlier in the argument i think i saw in the briefing that the employees the workers in the fishery


i apologize you're out of the my point being though she got the benefit of fully restored home she got the benefit of a complete discharge so basically she has a home and she was twenty seven thousand dollars on this work one hundred and nine thousand dollars that's not there and that's a really odd position


you know the district court came in and said that this was a spontaneous struction was to clarify a matter but if in fact if you read the wording of the instructions it didn't clarify anything except that the sentence it was a wide broad discretion for the district court and


and talk i talk about the great detail of the brief talking about how more extends the wiretap extends good faith and wiretap stature so there is also some indication with the wiretap language itself the historical history of


those that they were there wasn't available work nonetheless and this really gets to the core issue the administration who was subsequently magistrate judge d


we request that all counsel mute your microphone if you are not speaking and we will proceed with case number one madam clerk would you please call the st case for argument nineteen


the money he provided her with she used to buy real estate located in los angeles california and the case i quite case i quoted united states versus or and however they discussed


nexus some connection that this because it's now a conspiracy braless no longer applies because it's a conspiracy i agree with police they have to link the generated proceeds to the monies being


ill gotten gains were used to purchase the property but there was no connection to the profits being generated in missouri your honor that is my argument thank you question mr hogan yes in ms hardaway's


again however how of how a package is kido sized package of drugs is different from a bottle that wasn't explained on the record but the officer in terms of concerns for officer


in regard to any of those call any of those claims nothing would satisfy the criteria for a failure to train or fail or to supervise point i want to talk briefly about the physical evidence as


respect to the not i by mr dough he was called back to the scene when he made that allegation and they after he made


of anything either in the caption or in the body of the motion and i just know that he was actually asking for something completely different than what the paper says and specifically says to preserve time to file a motion for reconsideration does not


and so i think if you look at the context that was applying there it's very apparent that based on the allegations that the police received in this circumstance that they reacted reasonably to that and the contention


he also borrowed my cell phone it must have been him that robbed those those stores you don't have standing based on your cell phone you have standing based on your cell phone d in the extension of


in carpenter that it was dealing with a rare circumstance it was dealing with a different circumstance in that there there was an individual being his information a particular person's


is they articulated the presence of facts that drive this slippery slope and specifically talked about specific facts that tight cellphones to the crime that they were asking for the search


the post office get the property interest and then you as a common carrier and it's common law common carriers as the author has the right for a few things that were dangerous were used to to to carry contraband


that says he had to apply the new murray to class now bolstering this conclusion just a couple of years later is united states versus korea and ironically this is another case that the government run horrible before you leave


think i believe that this court in its prior decision specifically feel it has really addressed that issue while steele dealt with a petition for sir


least told people that there's a cop a person who has the right to consent or decline medical treatment so she's that happening to do that if she can't sign a contract if she can't do a codicil on her will of those


only does not use the words nexus or administrative perceiving but in no way shape or form even suggests what for example administrative perceiving would even be a political to be allegations


in other words when beckon use the word elements that was not broad or in precise language as the government suggests and the reason why is because this court's analysis in the bakken case which is the st and i believe the most significant post


present that made it impossible for him to go inside he's terrified of that ramp our art is in the face the holidays there he is on able to navigate the ramp either


in evaluating a ruling upon that motion as the court is aware the lower court as well as this court and in a denial of the review is required to accept as true the allegations of the complaint and they need only state a plausible


account documents so these and the assets held in this type of account are agreed to be invested in a certain way and certain types of investments only a certain portion of the assets held in cash and here the failure to


contract the the burns's obligation to do with he didn't do d was never triggered because he never actually received the one million dollars and i have to revisit this this whole plan


court order granting a stay of execution as moot because there is no execution date today and the sixty remains in the district court because the court held that in advance which it's probably within its discretion to do that's the routine practice in the circuit and in the district courts


trial because that evidence could have been a deuced at the original trial and it wasn't and that the reason that it wasn't is


examined mr redmond and noted that the action would add as a source of continuous infection unless the top was amputated got to while he also noted that mr redmond was medically cleared for surgery that every day and that mr redmond agreed to the


obvious there's no need for the verify medical evidence and i think it's clear that when a total goes from simply having a blister on it to the quite where it's falling off and doctors saw miss redmond repeatedly during that timeframe it would have been apparent to a live


fish well i think as a as a parent of a teenager and i think that the panel probably had some parents on it and of course the jury had parents on it there's typical teenage


documentary evidence the forensic evidence and the testimony of the victim in this case was very detailed the documentary evidence included letters that three had written to this child that essentially were somewhat like


well it's not the essential aspect of the brain it's the reason why the opinion of the court of criminal appeals is incompatible with bats maybe that's just well i guess i'm not sure that the court of criminal


sentencing calculus i think it's very unlikely not and then you have to do it and i have to emphasize you know judge it will hurt refused to allow the state even if


for each one of those trucks be loaded and he didn't do that and there's no dispute that he didn't do that so he did receive a counseling report for that was there any evidence that others


simply because you filed a dec action in filing it that action does not essentially hit pause and allow you to pursue that action without zealously guarding the the interests of the insurer


to talk to a protester or to give him their money and so on is that has that been raised as a ground for this restriction a couple of responses to that st of all the city did not raise congestion


reports ruling here was really wrong for two reasons the facts leading up to the excessive force don't really matter for purposes of heck and the reason there is because mister hookes could be wrong about those facts and still win so you wouldn't have the


by not doing anything when any man is getting attacked and i think the on balance th circuit addressed this and castro and i'd like to just read that a quick quote they said excessive force applied directly by an individual jailer and force applied by a fellow inmate


orders and may it please the court my name is jeremy i am assistant united states attorney for the district of kansas as you can tell from the record i was also the prosecutor in the matter below i do want to start off with a very short and simple ology


i don't know that that's necessarily relevant in under the circumstances the universe of information came from the briefing which was test of justified to my officers however i think the one key factor that we're really


applied in a new manner in a way that had not been applied ever before and that is why it is that adequate it also relates to the independence that they have it is not fully independent


she say that it resolves what looks like and you know any ambiguity into well you know provide any survey means any in your possession because there was


complaint and thriving through all the other complaints it's clear that the district court did not abuse its discretion in saying that if you look at it holistically the united states position was substantially justified the other side tries to say that where adam


approved it and regulated it as a solid drug for up until two thousand and fifteen and then when the guidance became final in addition to that f d a had proposed labeling changes from generic tack in its possession


doesn't mean that you can now but you still have to show us don't chew that that would require a change that would require f d a approval to meet it now and i'm wondering where in the record you've established i


is because there is nothing in the record this happens lines what about the slide the sides don't actually identify the specific change that would require f d a approval and there's a reason why that's true it's because generic


facts and look like maybe the district court kind of took that lead and then said well you didn't look at an up or you didn't you need to look at some of these points and then on we man the plan said well we didn't do it right the


number of acts that were in the district court ordered by the district court alone and that can it really are not material i mean really doesn't matter i mean at the end of the day it does with the question is whether there are reasonable officer would have felt that either he


whether the weather this visit season had the right to walk away or not when the thing turned around and he was yelling at him to show his hand there was another officer there who was


life planner that was designed by aaron condon now the district court committed several reversible errors when it granted summary judgment to craft smith and michael stores on both of easy designs infringement claims today argument will focus


evidentiary objections they're harmless even if we agreed with you isn't a problem i don't think it's harmless at all st because the government waved the harmless air defense by inadequately proving it but because it's


are no other questions on this point i would like to address a lot of restitution because i believe there's a bit of confusion based upon a reply brief so st i'd like to start by rebutting what is included on page nineteen


it was still open i don't know that the court would say it was going to be extended another twenty years because the effective date of the in the or a it was saying that it was it was simply


one of the things it does is it provides counseling and there's people in that list who provide counseling can you point to anyone in that list that provides wilderness their wilderness


and he's being report it's being reported to him that there is a patient who will not cooperate and that the test cannot be done so on the th when it's reported to him that these symptoms continue he moves based on based on his


once the plaintiff presents evidence of all these different irregularities then the case is entitled to go to reach a jury and this case we presented evidence of all sorts of types of


because that would be improper and then he said what he didn't do i did give you an up tick because of your job with babbage boyd and your non disclosure and deceptiveness about continue your wrong


limits and the question that has to be what is the purpose of the further objection because traffic counsel is not going into this shearing thinking that this is going to be a trial on the tag agency burglaries i mean that


after the court announced this and after the court asked the parties whether or not there was anything else that needed to be taken and beach party affirmatively represented there was not the district judge then addressed mr donovan in open court


contracts and it just seems to me that that i mean you could do every case could be an improper means case in that instance because you could always go get someone to say hey we're an ethical industry we don't do that it's a practice


goes up to knock on the door having parked on the right side of the building and was asked all the garage money bills and saw as he went to the front door up there yes could've just gone in and gotten him correct


imposed on the defendant at trial because of the print item and delay and it definitely seems to be tried tied to his right to a fair trial during


president of whack and he had been as others involved in the bank's management had been warned that the bank was insolvent and they were looking at causing absolutely sure how well they knew this train was


moment the judge shelby had ruled the other way the district court had ruled and let us go to trial assume for the moment that we put on our best case which is what we're entitled to put on which were in time to have the district court believe


trial it's extremely hard in this case should have gone to the jury i'm not claiming and would would be crazy to claim that a jury couldn't have found the other way absolutely the state can make a very good


the warrant why why the sense that the testimony initially came out during cross examination why wasn't the door open to the government's later response such that one could deem that in some sense to be effectively


and this is what this case is doing doesn't matter the does a matter that the a t f officer had heard the radio traffic and was responding to the scene he responded to the scene only eat your sponson seen only after the shooting so the


likelihood that a communication would take place and in this case unlike snyder the victim was not one thousand year old girl who drove the getaway car the victim was a cheapie officer who had served as a task force officer at the a t f and who


involved in the district court was a motion to enlarge the receivership to add these parties the court entered that order with the opportunity for anyone who wants to


forms that reported the number of hours but if you consider all of the forms even those that didn't have the information or reported other hours then he didn't use the mode simply user mode of reduced set


within his lawful duties to direct this detainee to sit down to shackle him up and take them to the the transport but the bowman case they didn't focus on the intentional point but they said that this this deputy sheriff he was clothed


substantially similar in the district court correctly concluded that it was not and so there's this competing policy interest in the copyright act between the interest of the author in controlling


is a case where the right to counsel he was acutely aware of that right because not only did he have to experienced attorneys he subjectively thought they were doing a great job for so i think in the context of this particular case it is an


plate a lot of seat sure sure and that's why i like strickland for example can be applied to thousands of cases it's very similar if you're if you are trying to just challenge your conviction at trial but this is a very different


performance affected the outcome of the plea process what hill is doing is looking at the language of strictly what it says that you have to show that the result of the proceeding would have been different it's important to recognize that strickland


i don't think that's my best argument certainly i think it militates in favor of me because they're not looking to put someone back to work here and disrupt something there's no possibility here that does show we have more of just a contractual dispute but i think the better the better approach is to say


treat done based on what i've seen of the funds documentation they would not allow personal rule for whom a contribution is not made but that's really their decision i think that the issue there would become a very messy situation of whether or not they


the cases that really have looked at it i agree that it's secure courts that have led the way on this but most of them seem to say for judgment like this one of the collateral attacks will be constitutional challenges you can't be just sort


respect to the working in the g r geographical area citing an economic necessity which is i guess brings the main predominant issue in this case which we found to be clearly erroneous based on the


coverage unless and until there's an absolute certainty that the policy doesn't apply thank you you have three minutes for a bottle we'll hear from on the other


exactly what the duties of an assistant stock stock worker would be and how much they would require the use of english or you know calling out to people you know moving materials and


claim yet or do i wish to government they may be in a better position to know i don't know i don't know the answer to that question with certainty judge cooler i don't believe so what i said in my initial filing was that i believe


where you're going to say now i'm going to comply and then preserve your feel that you didn't have to do that we're out of the reason the reason we you do get both is because one you're right he has the and he has the right to use


a couple of seconds but just quickly to answer your question judge pooler first of all there will be an obviously in the arbitration itself which is the key for an opportunity for lithuania to speak


demonstrated that it is an interesting person as required in order for the applicant to receive relief to be sure they have started the proceeding the arbitration i get that but they admit in their pleadings that they are


situation in terms of the likelihood of success of a conviction and way that with all the other factors that are appropriate for bail i would happen to get some level of course here on that he would be right


attention and stuff like that is there anything about article seventy eight relief that would would have been incapable of giving him satisfaction that would just that could distinguish it from from a couple absolutely


of course as we've seen in the ruling noted that there was no mandate or decide to rely on the three thousand five hundred and fifty three factors i think what it what it reminds me of is the district judge saying i wish i didn't have to rely on the sentencing guidelines but here are the guidelines and


read from a script and make these horrible statements that the police are coming in all the rest of stuff to get these people nervous to pay bills its debt collection practice and she was she worked for that firm on and off for a period of a couple years and she


provide the department of labor with a time frame so that they can do a snapshot in time it's a predictive judgment it's not always accurate but the point bear as the aleutian capital partners panel correctly summarized is really just to do a front


function of the law of labor arbitration and i'm suggesting to you that that's a novel idea well i get that you know the notion is that there are two different forms your honor life like that


story surge was initiated at the scene of bruce and the rest that was completed at the station therefore the officers were required to act under the procedures offered


she entered into bankruptcy merely to discharge a debt for which she put forth no evidence of making any repayment at all


because that would be subject to scrutiny scrutiny under fowler and its progeny which says under you know the st amendment the government cannot discriminate between religious fact that here we have an accommodation


determine that the person to book a flight paid one thousand dollars in advance of the trip then sent hundreds of messages saying i'm talking to my boys i'm talking to doctors are we going to do two hands one


to touch on the points of the law you know besides the clear and conspicuous determination the actual act of making that determination is just was improper of the court at this point and the district court when one looks at the sims


eight they did not do so the court went through the records they found that all of the complaints in grievances that had been submitted by the defendant had been resolved to the inmate satisfaction by their own


threshold matters that you need to meet you know differences and language under the rehab actually have to prove that you are discriminate solely by reason of disability you know under the formal character you have to prove that it was on


move on to the other claim that mr wynn makes news appeal the district court in this case acted well within her discretion when she said and so the defendant to seventy eight months some of the focus that


wedding because the injunction would prevent the state from enforcing the fifty person gathering that would not prevent the state from enforcing it i'm sure it would all of the social distancing protocols and all the other covert manner in roles after a while to rest


typo or some place where the defendants made some tuck elation that could have been construed as something else but it that we couldn't find anything either the other another question i have


watch it's totally different and it's not a binding precedent anyway in the way that torres and the entire line of cases that torres follows is and that we've said in our brief and i'll just repeat again that the government does not


medical examination records which showed that she was capable of maintaining attention and concentration and it was supported by the opinion of dr harding and dr moore and an l j is entitled to take that evidence and reach a determination


there are jobs that exist that were specifically outlined by the eat and the commissioner met their burden and therefore to demonstrate this plaintiff is not disabled and i'd also like to point out


question but one that is likely to result if resolved in the defendant's favor and a new trial or reversal conviction so i just missed i think i think there's the technicality and then there is the


after a bout with the arbitrator was right or wrong and life would go on through endless problems but we're only being asked whether the there should be a stay pending a nation by a


actually articulate that while the pleading standard is is is a heightened pleading standard under rule nine b and it may be relaxed it's not limited so they have certain obligations under which to to


a higher exemption rate than the federal facility and so i was wondering how the area where your client proposed to go back would be the bronx has been the area of the city that has had the


had made the conspiracy which council reverted to which conspiracy was never proven never established in a court of law that they would hire someone for five thousand dollars to do a demolition of counsel seven hundred and fifty thousand dollars worth of work the fact of the matter is


sequence the actual sequence of zip codes was not invented like discovered let me say until nine hundred and ninety nine so nine hundred and ninety four is to a large extent irrelevant but what it does show you


transferred it was never publicized and yet it was stolen and that is what we're talking about here those are the trade secrets they are what is left as it were from the transfer if there were so you


nd point st i beg to differ that of the presumption of validity that has long been held to apply to a grand jury subpoena should be viewed as a platitude i think it's in fact the principal answer to


upheld the complaint the remedies can include not just the destruction or return of the documents striking of testimony but yes cases courts have required the impaneling of a new grand jury so that the prior grand new grand jury is not


jock doesn't keep the case alive because part of the relief the individual claimed was on behalf of the class and that class relief was not granted i guess that's what i'd like you to focus on


past three bench warrants and at the time of the bail hearing at least three active orders of protection so the district court decision to find at that weight against pretrial release was well within its discretion


statements all of them i believe from the same month june two thousand and twenty but notably none of those statements purported to amend the terms of the gathering limit none of those statements opined that large b l m protests are in fact


of mixed motives that maybe the city did agree with the protest or did have agree with its viewpoint but it also had other public policy reasons


let's turn to the example of hosting a meeting or order or training session where where what is being hosted is a training session you know engaging in conduct that will require entering the buffer zone


and that's all we're asking here we're not asking to make anything public asking to share under seal with gedge presta and under seal with this court the information he thinks relevant to judge press the determination of


could you tell me the purpose in keeping the name of the recipient secret from the court court one into their decisions could you tell me the purpose of keeping them secret from the court of


possibility that that a finding of contempt could be made there's no representation ever that they would actually have a valid contempt motion and indeed i think it's highly telling that in


defense counsel pointed out well your fingerprint was on the outside of the car if you read that in context the reason the defense counsel said that is and how it was explaining his strategic position counsel it made a strategic decision to argue that yes there was blood on


intentional that now treatment mr spock should have been allowed to argue that mr fox's conduct was so outside the bounds as to create intervening cause of death his conduct was intentional he swiped at the


salaries she last earned in one nine hundred ninety one despite her eighteen years of contributions based hundred union salaries before her two thousand and eleven retirement contrary to the circuit court's view but act clearly reduced the


it's the same interest that was clear in the dell case the notion that unbeknownst to anybody and unanticipated by anybody there was some expectation that this type of benefit would be protected by the pension why converts the pension


to the salary of the employee in his position with the employer but no none of the provisions actually say they say that no provision says employee of the salary in his position with the employer it just says


evidence system various elements for example the smith case where a threat was made to the employee store employee and then the employee took the money and left it outside in a phone booth


accounts in september two thousand and thirteen to deceive and filed for divorce and then in march of two thousand and fourteen the deceiving changed the beneficiary of his ira from his spouse joined smith to his


six it is theoretically available to a litigant for his counsel to seek a limited scope appearance and that kind of if there is a question of course whether he's indigent here but when indigent defendant have a right to appointed counsel on this


disqualify him and tourney from representing his or her client because that attorney that the client the attorney did not file proper paperwork is a drastic measure that's completely out of proportion to the purported rule violation


the for for the for the argument this morning a nine compliance with because absent this statute and other corporate association was without legal authority to enter into a real estate contract of any kind


teamsters in any way applies to them and i can point to about nine things in the record nine things in the history of this lawsuit and frankly that preceded predate the history of this dispute and this lawsuit


happened when he broke into the change machine it wasn't walking through the door of the open laundromat that's what i think in fact if if the limited authority doctrine no longer applied to open buildings buildings or


and that would be absurd but they misunderstood the issue with respect they understood the issue to be whether eight dash eleven dash twenty one itself precludes a use tax claim and that's not what we were arguing what we were arguing is that the


the answer is of course


of the retailer who was collecting the tax and at the time it was constitutional and so they thought they were doing the right thing so there's some state of mind piece in that case i think but if you played here when


requirements in the charging instrument the requirements include among other things the offense and now the attorney general's office is going to get up here and they're going to cite cases like gilmore because you and i wind of cases that


it's important to remember that the trial court in this case reserved two issues it reserved the issue of transportation costs and it reserves the issue of child support child support need to be modified in light of the difference


we can wait you know this chris decision can encourage the legislature to do to you know create a system of juvenile parole for example that would sort of obviate this problem you know for everyone and any person who has a long sentence now if they have opportunity for release or real opportunity for release after


firm in my belief that this case should be reversed in the trial court judgment should be reinstated others three topics that i would like to discuss one question deals with one issue deals with jury


damages must be no less than the amount of the emergency room bills that mr peach incurred this again really takes away from the importance


know for certain judge but i believe that they were was there any objection if you were the shown to the jury i'm i'm sorry i expect that they were but i'm uncertain of


kinds of case where scientific evidence is necessarily required but certainly it could have been provided in plain to scase call the authors in of these articles submit them to be an extraordinary expense but they could do it they carry the


number one judgment should be entered on the general verdict because the general verdict in the answer to the interim get torey were consistent the second reason the trial court a public or overturn the trial or in rule that


suicidal she would have to she did not is that he chief thought he was suicidal all right she says she didn't know he was suicidal so when her own testimony says she didn't know he was suicidal in the jury is asked


majority's premise here that officer beatty because he had no training and experience was somehow categorically i'm able to reliably identify someone as being intoxicated by drugs so i'm any of these three


is not perfect it doesn't require perfection it doesn't really wire the us bander that is required file but we have to understand that it's rooted in the fourth amendment it's rooted within


well i take the responsibility because i actually asked the judge to help with discovery but i'll just give an example and i i can read you things back again when was the surgeon we scheduled his deposition in about an hour and he said i have to leave well i wrote a


and home invasion murder has one physical act setting the victim on fire home invasion has to entering the dwelling and setting the victim on fire so the court says no problem between those two home invasion has an extra act but we know that setting the


rather than ignoring the error they call the error to the court's attention and the court recognized that there was a larger error in defend its favor this shows that not only was it possible that defendant


i would say could be wrong if this were a case where the hundred seventy dollars surcharge did not apply a case where looking at the record you cannot find a reasonable trial strategy for not objecting that would be a


colliding with a pedestrian and we're talking we're talking about a car going through an urban area a residential area and it time of day when people are inspected potentially be on the scene defendant had good reason to know that his conduct


this tax applies so long as it's uniform property tax exemptions are no different there's precedent that shows that sure the court could have said that but it wasn't required if you the legislature could have said it


would enable the court to utilize that destruction tool is missing from the statute


background these entities came about in the one nine hundred fifty s as a result of health of union health and welfare fons goals to improve the benefits the health care benefits and other benefits but this particular legislation the health care benefits


could not find piece a case that specifically signals such fees but she couldn't find one that disallowed it and no one yet has found


you now asking that the appellate court ruling to not awarded tourney's these be upheld but more importantly as it relates to now this will three seventy five requests for sanctions is completely out of order the appellate


unsatisfied with that has now brought to this body a request for further sanctions and further attorneys fees under rule three seventy five which we believe do not apply it is our position then that we are humbly asking this body


the code provides general obligations of all parties in commercial transactions on their article one section one thousand one hundred and three of the code states that the code must be liberally construed and applied to promote its


that is the set subsection the work proceeding under because that is the situation here the buyer discovered that the facts and then revoked or rejected the non conforming tender and i understand there's a


unauthorized four year m s r term that was imposed upon defendant frank dileo when he pled guilty with no agreement on sentence to a class where felony violation of an order protection and ultimate really received a sentence of three


courts have developed in terms of how we look at mandatory directory is whether private writer at stake or not an aspect of that


here there and they're concerned with hopefully being real like we would all be concerned with the fact that we're talking not protecting little kids of course protecting children is a


cells the president removed the president like the governor is the only person who has the constitutional power to remove and the general principle is that that authority is


discretion to the trial court to evaluate the circumstances of each case and craft a result to meet each individual situation such as forty eight dollars pack and expenses requiring the child to


reason to reconsider an opinion under stars isis and the policy consideration of how errol is that this would be the most efficient way if litigants just want to give the issue to the court the fastest way to resolve it is immediately in whatever


oh and i wanted to tell you my my daughter in law takes my granddaughters to the junction pool because they have a waiting that they really like so for whatever that's worth it's


services separate but really a larger department separate in a special district is really water varies the probably the best example currently that has done that where they've taken some of the village services and they've converted them into the


find some more permanent subsidies and and find ways to reduce the traffic loads like for all it's garish miss phinney crossing the it is right there where you don't need to necessarily drive to every service that you


out years however if that's the finance within a strict financing the debt itself would need to be secured into by that so be


program of projects and then each individual sheep provides additional information


so our request which again is outlined in this memo is to ask each of the member municipalities if you would double the amount of revenue that you provide so currently south burlington i think is providing something in the order


are our opportunities it's pretty are you now use of some sort of herbicides in the future or just not in the foreseeable future because we are pursuing every


formula and it is based on the subscriber numbers so essentially burlington gets six meetings a month south burlington get five meetings month and the other communities get three meetings a month so that was based on the distribution


because then people turn her and say well that's because you know your chipping county the only place where wages are decent is up there just because of where you are right i mean of course we all know this what the response to that is if you want to have the funds to


and she didn't know they were doing this so it was it was really very very sweet and a very nice program and the building it is is really just beautiful the other meeting i went to was a fusing


discussion when we were creating the discussing the the work roles of the interim zoning committees and particularly what we were tasking the planning


housing person and they were trying to figure out how do i manage it knowing that none of the major organizations want to manage this housing so that's as this grows we're going to need to solve that it's not a bad thing


even participation i don't know what it was last year but it's been pretty pitiful up until i mean prior to last year i think the year before last it was seven percent or something atrocious like that all present well with one of the two


often that includes a really close working relationship with many of the staff in seato so i personally as you know looking at my role within the city and the type of work that i do within the city i see tremendous benefit in being able to really


presumably you won't stay forever and going to hamper our efforts in recruiting somebody because it doesn't look like we highly value planning if we have a department of two it seems like to


because we are actively finding ways to increase the number of programs that will and handsome promote equity diversity inclusion antipoverty economic mobility that is again as i mentioned councilor


eve event and the use of ten thousand dollars of an assigned fund balance to support the implementation of the event persio anderson no revised version of consent agenda item three point two four resolution authorize use


before the report is brought to see the n r but it present right now i just i think that counts are paul's point about enforcement and you know how do we really manage this you know it is a good


strongly supporting this i'm excited that this is moving to the point where we can start making on the ground change and look forward to the next steps


thing to do so the foundation again this is were i made a total mistake when i was putting it all together i thought final grade height was based on the frontage against the road not the preexisting


room you have to worry too much about the kids receiving now they come to us with an awful lot more problematic experience before they get us often times significantly experiencing


next step is for you and mark i mean is it to get good with staff ok yes it is actually probably sooner than later having and going i mean i think going through the regs on my own but at some point


guys start doing it approaching in that way not bonding or anything silly one thing i'll just bring up quickly for you to think about for an upcoming meeting about uses and stuff but one of the recommendations and i am reading through


ok good all right we're going to bring the meeting to order at seven zero to welcome everybody to the town of wilton's development review board for tuesday november twenty seventh among four things on the agenda for tonight we do literally start off with a public


there is not additional parking required we don't the board is not typically opposed to all of those other things that come along with it


i do think we've got a valid excuse to conversations for action and in the secondary piece i just want to bring out in this is kind of large philosophical stuff for us but i just we i don't think we can take an action


we're actually going to do with that money so we can start saying to the public yes we know your street is a pain the condition index of sixty nine we're not doing it this year but here is where it would be on a schedule out a couple of hears and and


wow i'm so here's here's what the second piece reads like it says staff is also further authorized to install the secondary power protection circuit with the unified managers approval in order to prevent this type of failure from happening and that's deca to what you're saying that yes but


go councillor for sure i just wanted to clarify the issues that came up at the last hearing around outstanding zoning violations not that that's what we're deciding tonight but that those issues were raised today


at the time i believe mr mayor had a construction business in then ultimately that settled that went to a settlement agreement and to two thousand and seven which was then allowed


testimony he was saying that he was waiting for the bill was in dissipating it came out and didn't receive it and then he immediately paid the higher the original tax bill which was a higher amount


have always put the responsibility on the person unless they could show us it was stamped on time whatever whatever so can you just tell me how he knew he was getting a revised tax bill yes there


thank you president right so this one is quite simple it just changes the use table to permit grocery stores up to thirty five thousand square feet current limitation is thirty thousand square feet in the enterprise light


in this room there were about four hundred fifty or so people in this room and i'm speaking about the night on tuesday the thirtieth of october when we had the gathering of unity with the interfaith community i just wanted to


there were any other officers was on your husband david david i believe that you did not fill out the same section that you did as far as service then the only thing that would be different i think would be the


i will say that i would mentally prepare yourselves over the next ten years to be banking bigger and bigger contributions if you see fit to operate channel seventeen because the cable dollars are going to decline


off site and we're able to do this using p h c be monies primarily a little bit of our capital reserves and then the burlington legacy conservation fund also kicked in yes


wage with a slow kind of ramp up to fifteen dollars an hour minimum wage we've supported state wide fun to clean up lake champlain while also supporting marriage equality and


area looking to move to vermont because of the health center that we have here and those stories are repeated new something on v p r about what happened in brighton the same type of event happened bennington


nose at least one case one of our experienced drivers knocked over a few more real boxes than might normally be the case that happens is that they're doing their best to provide have to


my desk on that matter if you happen to know how the fund raising that last little bit well my expectation is what my hope is that we will end up with the full amount by the end of january my


when i reside at one forty six north will soon road at various times in my adult life a couple times i've resided in essex my father steve i would have been a long time resident here and has served the town and i'm here tonight to


right now the homestead property tax raise four hundred twenty nine million dollars it actually looks like more than that on that one but a lot of the people who pay based on income get an adjustment and the total of those adjustments


behaviors in a way that will actually not allow for predictable revenues to pay for school so i i say that not as a deal killer but just as a reality check of what the tension is there and then the last thing i'll finish


information and i mean this is very comprehensive so it's a great start but there will be something


thank you taxpayers a perfectly our next meeting will be at twenty twenty a bone our which if you go all the way down university it's where the old adult school is it's where the administration building


for a long fellow which in some respects is an under served school if there was only one middle school of the three that had a gardening program and the other two didn't get a gardening programme what message is that sending to our students


member and superintendent comments so if you are able to stick around i encourage you to do so for those of you who came and were not able to speak you can always email the board directly at berkeley so i put of ed at berkeley dot net each


bar and collaboration with with the community and with the city and moving the twenty twenty vision forward and we still have a tremendous amount of work to do and i actually probably think that you're going to enjoy being


that more affordable and as somebody mentioned earlier we moved into the new and building this past week which was really exciting for everybody involved i myself haven't made it up past the sect past the first


and so that would just be good as part of background to kind of look at what the voters are saying now is way early to anticipate how that might change but at least it's good to get this kind of a sense of where folks are right now and i just to reiterate


development and parking in the park and then assume i don't drive a car but what happens is it's duplicitous the problem is is that the current city council members


to give each two minutes to tell us why we should help for you linda ok thank you i'm purely running on my track record i've been on the council for a couple of decades now and i started off creating a loney park with my neighbors


know that you can do it you really can if you're able to hook up with some older women who know how to pray and who know how to show up and in a spirit


there is no middle ground for us either we worship the father and i don't want to sound like a threat it's a threat is just a fact of life the fact that we even had this opportunity is a miracle and


little sectors right and so at the general in a legal clinic one of the things we do is try to figure out where where you know which corner of the law do you belong in for this issue what what area you need needing to research and then the hope is that we can assist people in figuring out what it


mocked unto his sons in laws now you heard what light said his daughters had never known a man so his sons in laws were not with their wives at all they are into the ways of sodom and while he lingered in the middle a hold upon his


thanksgiving is here beloved how grateful we are for our god who loved us so much he shed his blood and lay down his glorious life to deliver us from eternal damnation beloved don't go to hell if you want to be saved repeat after me


better parent but you know sometimes you spank a child now c p s can come in to have mark that's funny say that because i have custody of my grass my daughter had a son he was six years old at the time when she was incarcerated his


yeah they had been apart for at least a good fifteen twenty years so life had really change for them they like i said they went in all different directions and so they've experienced so many new things in life but that we can really was a


through selman month gone worryin in lana who marched through tennessee can you most people cannot imagine the anguish and the hate and the harra that was a way a life to be living in the


hello and welcome to the show i'm doris mangrum your host and this is stop the madness practical ways to influence the incarceration crisis i'm so excited to have in the studio today with


became a single parent with a two year old son is when the ministry called begin to kind of knock on my door so to speak and my son wound it up and transitional housing living and yet i think head start was there for


whole problem of climate change through it effort to engage local communities local democratic officials and local bureaucrats to create the critical mass


l there's also a part of the academy did smoove across the street on what it did i tell you this was similary avenue foothill in oakland california that's right right in the


corporations that have these charter schools so i'm actually in a fight keep my school wall wait a minute saw corporations saying they can educate the kids analysis that's what they say they have the money


structure and when i read it as it was you know that's just a way i was raised you know my mom insisted that i you know get educated and you know i mean insisted ok so


fare were you know before dracula and stuff came out because this was like an ancient legends back in the day so you know but anyway when i was reading that i started thinking you know in all of these stories people get


believe in so strongly that children should be writing and especially poetry and art speak as you don't even hardly hear children knighting poetry anymore and i think it's so special and so important what you do that yes i decided to


beautiful voice tell me what you come across that was i want to go shop in that war studio where you got yours well i was about four years old and


everything is so humdrum i can't even imagine what they're talking about because we're surrounded by the great mystery you know to thank for a moment that we've got it all down it's all been done end of story let me go back to work that's that's such a bogus


still higher than it is and others and so i'm concerned about that so you think young black male bisexual are gay in this message it seems that that seems to be as high impact


yeah i think the providers what i'm noticing that a lot of the the young folks who are going into the medical school now going into specialties he says they're not interested in doing primary care or anything like that i think that you


solutions in one gathering but the very fact is bringing that dialogue in context is critical i don't think there's has been anything of this nature that is occurred how we go how do you you can


burrow and his face as the appearance of lightning and his eyes as lips of fire in his arms and his feet like the color in color to polish breyer's and the voice of his words was like the voice of a multitude


agency it was all around customer service improving customer service collaboration and ensuring that we were collaborating with the community but also communication when i came in i realize not many people knew what social services did what we as an


justification to launch an intentional psychic attack and thank the universe there are usually far fewer attackers than people who feel they are being attacked if you feel attacked first examine your situation to find out


no way to hold on to you any longer and you will have greater choice with what to do you will have greater perspective and greater freedom even if the pattern continues in your life you will no longer feel cursed by it i had somebody who


is so important because with me blogging allowed me to get my ideas correct and be able to remember them better because in writing anything down you remember what you've


just automatically send them to a specific blog so whether the mental health for america men or doesn't matter what the topic if i just have them going because people like reading content and especially


completely open so it says whatever you want to choose it opens the door for you to have success and to make this happen now writing is going to change your life just going to tell you right now it's going to be traveling because of it and it says you're going to be


around that we have a beverage truck that goes to fifty eight sites to custom slaughter counties and we give away twenty to thirty pounds approach produce to people in the communities we have programs that take it to the low income schools and give it to the students


getting back half the money that we get from the community comes from individuals so we ask people through direct mail appeals and through conversations we have a folks to give us the money that we need and we'll budget about ten million dollars a year some more than five million of that comes from


jack of all trades but master of one and that was his so he said i have tolerance hey this is been brought me best on this episode of watering the roots and i hope you come


drummers interlocking rhythms that is such a powerful experience


an artist inspired hands gave their labor a community of friends gave their money so you heard could be born when i first


laws of attraction whatever it may be is is very beautiful and all has its place but is so easily is ninety nine percent misused and becomes another source of punishment


end on that note and noble thank you so much has been a pleasure talking to you same here thank you thank you and thank you for joining us how come


a higher level this is the first of three active cohorts with a force starting in february two thousand and fifteen the veterans in the inaugural warriors to work force internship or joint in your two by five veterans who already met the positive education requirement


desire drugs or alcohol of fleshly lust and never fall in love with god you will end up with the devil and none of these things are billable in the lake of fire these are vices from the enemy that keep us from god because god is holy


because congress precluded o p m from using applying eighty three thirty nine to any service prior to the date of an accident and it's


parties make any effort to bring the issues does attention i believe that what there was a pending motion for summary judgment at the at the time that it was remanded which was never all and there was also we


misrepresentation it rises perhaps to a change in circumstance that that no one had informed the court about and that mr barton kirti had the opportunity to but didn't which is that mr gigli didn't keep his word and picked up another case you know he told the court that his


appearance or anything like that and that he you know he'd be willing to take it if it could be rescheduled and the the judge judge belvin never reconciled


and they're going to be your employees and you get a nice district court judge says yes sir and give me a declaratory judgment these people are going to qualify for for green you're out of your mind of you started your business the next day having those people as your employee when the government said you were going to appeal that


would you like to rise by going to move the admission of martin sol ski my law clerk who has performed magnificently over the past year he's a member of good standing in the highest


there conditioning units always cause condensation there's that's expected certainly in chesapeake virginia this the humidity is going to be causing the


question where there might be a requirement that the contractor in a country with use of lease or real property that already has whether federal or state comply with regard to the lease but i do know for you know the standard government


applied to a private lawsuit where the director defendants were not alleged to have engaged in submitting false claims what they were alleged to have done is failed to institute adequate


state and local regulations usually it comes into play where a contractor is failed to get some kind of permit that's required by a local licensing body or something like that but if you want to stretch i mean yes you can stretch anything any lawsuit but let me ask and then they do then the


penalty is in a specific lee excludes all forms of actual compensation all forms of actual damages are excluded from the definition of the panel the same is true in the english ship building case there the contractor was found with violated the longshoreman and


seven will be heard orally and for the record i'd like to submit the case johnson vs o p m two zero zero seven three two five two which will be heard submitted on the


can you can create a situation where there has to be a determination by giving a notice that the costs are exceeding the vailable funds why is it so burdensome to put the burden on the contractor under


believe is the white right way to go is in case they that it turns out they're wrong in case this court decides they should to are granted judgment at that point they let the case go to the jury with the understanding that the issue can be renewed after trial and of course


expand to conform a deployment it only with device where where is where is the substantial evidence in the record that that's that's that the analogy of the corkscrew theory and that is where we have that


and apply every element to the arrow product so we did do that they should have done that if they wanted to make this argument they didn't do it so there was no evidence going


he was a structural engineer who was expected to evaluate the installations from an engineering standpoint but equally important and this is where he really could not perform he had to be able to communicate in writing and verbal and to the installation


the military the top military personnel start to walk out because they simply couldn't understand what dr kim was trying to say he would put up slides in his observations didn't let's measure didn't match up to the slides is recommendations didn't match up to the slides and all of this is


frequently the analysis it seemed to me was simply a question a question of whether there was a reason present it wasn't and narrow other than just retracing the inventor steps which


got mr chang filed a series of pieces of paper saying don't just dismiss this the government's if you make certain my client gets her money it was based on the record


and this movable sat there by providing a tighter seal not a particularly attractive feature of the claimed invention that limitation is actually


honor they really don't have as much weight it's hard to really evaluate commercial success based on raw sales numbers and this court has found that in a number of cases i believe in right wong is it's a good example of


which for an airline determines which in terry cities that airline publishers arbitraries for and searches a database of published fares for gate cities corresponding to the german interior sits claim one


found find what how the court of federal claims could have considered that arbitron


that day this court addressed a similar issue and and i believe judge progress because questions was going in this direction it has to do with the contract mix if you look back at the prior years or to use the contract makes in the current period that's exactly what allegheny teledyne


was a government to government trust board agreement here between the marshall islands and united states government and it was not i mean there's two answers at that the first one is that agreement by the republican version that wasn't republic


power to act we're not going to quibble about whether a claim was satisfied or defined claims are fine change circumstances because we don't even have any power to act yes or no no's other cases you know


depositions other than to the extent necessary directing with chambers and l have to make these two experts available on either july twenty fifth or twenty six that's not an order that's not where


guess what this court might do when it finally decides to pick an appeal that celia a very hard position for the government was it was its own third alternative or am i right that those are the only two justifications for


cases because it basically stands for the proposition that the courts intended to force an election where both forms can grant the same relief arising from the same it's simply not the case here where we have to simply different


particular issue has done the best because really the best that they could and i understand that language along the line is this the regulatory people presumably is there's an element of reasonableness i would think in that i mean


enter some kind of a value and store it for the computation that you have to make and pass yes by just merely by measuring the resting heart rate if you use the equations eight and nine


know we have to have highly persuasive evidence before we would exclude a claimed embodiment from the scope of an invention you do and i think the specification provides this highly persuasive evidence and the specification says as you pointed out


court both of those cases this court held that to determine it was harmless error would require examining all of the facts to see if it would be if the board's decision would have been the same under a correct use and that that


no benefit and inadvertently check a box that granted benefits so that it was akin to a clerical mistake there's no question the merit of the record with such that it was a mistake a clear and indisputable proportion but nonetheless


suggested in your question the shifting of the burden of the privacy issue case whether or not an examiner looking at that specification can say i can't find it under oath and share the burden to the


not with you were and that's because that's because companies who seek the protection of a dumping duty blog don't always want every product that they sell cover because some companies produce domestically and


scenario as they can be to any other set of circumstances what the case the say you've got to look at the totality of the circumstances in these public use evaluations to see what it what is that what is the invention


initial tests that evidence that the phase two formulation had this gastric acid resistance probably that in the body it was not that gastric acid resistance was not as


them without prejudice rich and or odd morag that your complaint was in effect amended to me from the case so that your entire jurisdictional basis has to lie in


bad science doesn't that undercut your position and if you knew it assuming you knew it was bad and science in which respect in respect if they're arguing it was bad


can you give me kind of working maybe simplified version of what you see as the principle differences between the way the pm is constructed and the way


policy and some other things there forget who articulated it this your group made the argument on the contrary that should apply to any exercise of discretion by an agency official who has


it is it is and has been treated by the order and the veterans work as the center of diagnosis is a separate condition that was observed and ultimately became the final diagnosis on discharge for this event


is part of the criminal process or an investigation separate from the criminal process which could continue even after resolution of criminal charges well in fact it is an investigation that really begins after the resolution of criminal


american state's insurance company versus jackson and capital associates was the source of three lower federal trial court opinions ostensibly


analogous to an remarriage of reading and the focus on the idea that because it was a temporary custody a work makes this not analogous misinterprets the case at hand that


you'd like us to that perhaps the the ability to use a sidewalk might be taken away by the state because of the liability that they would have they would definitely say well why should we we're going


motive for this genetic testing did not become apparent until their reply brief page one where they say the state does not want to expend services time and assistance in abuse and neglect cases on legal


are about as simple as they come and retroactive application last of this seriously and that the full liability could be imposed on people who have been representing corporations without knowing that


over so it's not as though this is really just an implied consent statute that he was completely unaware of this is a person who is very much aware of what would of what the requirements what the rule is here and so i again i don't think


evidence gathering it's because it is we do not believe there is anything in any case law and the secretary has pointed to none construing this unconstitutional conditions doctrine


any intent to abuse the process there is a profound misunderstanding of the provisions of five one twenty and what it says and that's evidence putting aside this question and i will return to it of what happens with the twenty year old and the


been appropriated from the working cash the you don't have to identify each expenditure you just it's very easy to say the end of the year look there's no money and there's no money left in the fact


permission i can see him being knowledgeable enough at that time and at that moment to say he had my commission because this guy just says well what happens to the real world even in the real world


conflict the split of authority you cited people versus leonard and i notice you never cite that again is there any conflict is there any split of authority in here that would have caused this court to take this case i believe it was an unpublished


perhaps most importantly there is the principle of one hundred toward the accused if a criminal statute is ultimately susceptible to two or more interpretations the courts must adopt the construction that operates in favor of the key of the accused so in sum the state's position