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Beranda / Agung Widhianto / Artikel
Book Review: Abdurrahman Wahid; Muslim Democrat, Indonesian President
Jumat, Februari 07, 2020 Posting Komentar
by Agung Widhianto, S.I.P., M.Sc.
(Coordinator of Pandjer School)
A. Quick Impression
This book is the memoirs of a progressive religious intellectual and uncommon political leader, who served as the fourth president of the Republic of Indonesia during 1999-2001. It is a pleasure to understand how Abdurrahman Wahid, colloquially is named as Gus Dur, was exercising an unpopular style of leadership in public sector which generates a multitude of controversies during political and social crisis. Above all, this book tells the leadership journey of Gus Dur to become a democratic president who promotes democracy and pluralism to maintain the country and people's unity based on Pancasila: five guiding principles of the state (Pancasila). I found two pieces of quotes on this book attracting me to understand the leadership. The former is that leadership requires open-minded and risk-taking to face dissimilar opinions and critics: "In this Pancasila I'll defend with my own life. Regardless of its being castrated by the Armed Forces or its being manipulated by the Muslims, or misused by both" (190).
The rest is that the leadership also entail strategic expertise to politically and prudentially articulate and accommodate unwilled situations with realistic and pragmatic decisions.
"Gus Dur possesses superior intelligence. He could have finessed it, and got what he wanted without ruffling any feathers. Such rash behaviour does not bode well for the legacy of a great visionary, a true democrat and a real humanist" (330).
B. Leadership Context
As I concerned, this book is written in a complex transitional political system, critically stressing the emergence and performance of a political leader in the context of highly political instability. I argue that this book is designed to capture thoughts, statements, and decisions of Gus Dur when in office in association with his democratic leadership style, in contrast to authoritarian leadership style led by the Suharto's New Order. However, it is noteworthy to underscore that several contexts of religious sentiment between Islam (as majority) and non-Islam (as minority), horizontal violence conflicts, the West's stigma to Indonesian politics after Suharto's downfall, and residuals of domination of dual function of Armed Forces. In turn, a transitional leadership is provided by this book which is ostensible to be applied in understanding the alteration from authoritarian leadership to democratic leadership, as well as vice versa. In brief, it is sensible to drawn on the concept of leadership from this book, specifically to investigate the leadership reform in more inclined patrimonial and clientelism contexts of bureaucracy. Nevertheless, since this book is written by an Australian researcher, this book presumably targets the West world often curious about the political reform in Indonesia. Also, it targets the Islamic world interested in progressive and liberal Islamic thoughts which reform the mutual relationship between the state and Islam in a secular state.
C. Connection to Leadership in Public Administration
Personally, this book invests a unique understanding of leadership in public sector characterized by complex relationships between politically driven and technocratically driven with poor democratic values to account for public interests. Gus Dur is an intelligent and visionary leader that exemplifies the rare leadership guided by idealistic understandings of national unity through humanist policy, but by realistic decisions that are non-popular and resisted by well-established cultural norms. All in all, leadership is about agree to disagree, which majority of politicians and communities in Indonesia comprehends it as hilarious idea. Moreover, leadership is also about situating multiculturalism as social capital to the existential of the state, and reforming presidency institutions to be more functional and democratic, thus a political leader can be fallible making decisions. It is an opportunity for and rights of the people to openly criticize those decisions on behalf of civilization and modernization of the government and daily politics.
To be more abstract, the leadership concept of this book, which I name it as transitional leadership, elucidates how individual and personality matter to challenge or even change both the system and embedded political cultures. Unfortunately, the legitimacy obtained from institutional factors much more matters, which can explain why leadership which endangers to dominant interests within the system may kick the leader out.
D. Contribution to the Leadership Research
This book is valuable to the prominent research in leadership, particularly to study the importance of pragmatic and progressive leadership than normative and conservative leadership. Further, it can be elaborated with other leadership concepts to study how political leadership challenges and is challenged by a lack of political supports through the absence of cohesive democratic institutions and the existence of notorious opponents reluctant to the change. Ultimately, in concrete, this book is beneficial to study the process of bureaucratic-administrative reform led by a progressive leader but hindered by conservative actors and organs, especially in growing democratic countries.
Barton, G. (2002) Abdurrahman Wahid: Muslim democrat, Indonesian president, Sydney: University of New South Wales Press.
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France announces MICA New Generation
By Paolo Valpolini
In 24 July the French Ministry for Armed Forces, Florence Parly, announced the launch of the MICA New Generation programme that will allow improving the mid-range interception capability, close combat and self protection of Mirage 2000 and Rafale aircraft of the French Armée de l'Air and Marine Nationale.
The missile will be developed in two versions, with IR or RF seeker, deliveries being expected between 2026 and 2031. This will allow them to replace current MICA missiles, which will be gradually phased out between 2018 and 2030. The French Government considers the export capability of the new missiles, not only in the air-to-air but also in the ground-to-air version, following the example of the VL MICA, export being an integral part of the national strategy and one of the aims of the DGA reform. The MICA NG is the first programme that will be launched within the 2019-25 military program law.
Developed and produced by MBDA the European missile company, together with Safran and Thales, the current MICA is in service with over 12 countries both in the airborne and in the GBAD versions. Propulsed by a solid-propellant rocket motor, the air-to-air version has an operational range of 50 km, and a maximum speed of Mach 4, the GBAD version reaching a 9,000 meters altitude with a maximum speed of Mach 3. The EM version features an active radar homing seeker while the IR version is fitted with an IR seeker.
← Iveco – Oto Melara Consortium signs contract for 10 Centauro II armoured vehicles
Airbus reports Half-Year 2018 financial results →

redpajama_set_name: RedPajamaCommonCrawl


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762 F. 2d 621 - Metge v. L Baehler
762 F2d 621 Metge v. L Baehler
Fed. Sec. L. Rep. P 92,037
Thelma T. METGE, Executrix of the Estate of August Metge,
and Elizabeth G. Shepard, on behalf of themselves
and on behalf of all others similarly
situated, Appellants,
Robert L. BAEHLER, John E. Gustafson, Richard Pigott, Abe
Clayman, H. Dale Bright, Allen R. Loomis, Robert E. Boyt,
Albert W. Moritz, R.D. Needham, Carl Redding, John S. Rice,
DeWayne Trask, Marlow Samuelson, Bonnie Weaver, Lloyd
Jackson, John Fereday, E.J. Sprengeler, Bankers Trust
Company, Appellee.
Eighth Circuit.
Submitted Dec. 12, 1984.
Decided May 15, 1985.
W. Don Brittin, Jr., Des Moines, Iowa, for appellants.
Bennett A. Webster, Des Moines, Iowa, for appellee.
Before HEANEY, BRIGHT and ROSS, Circuit Judges.
HEANEY, Circuit Judge.
In this securities fraud class action, the district court granted Bankers Trust Company's (BTC) motion for summary judgment. Appellant Thelma Metge appeals on behalf of herself and 635 others similarly situated, arguing that the district court erred on the facts and law regarding BTC's liability as a controlling person and as an aider and abettor, and that the district court abused its discretion in dismissing pendent state claims against BTC. We affirm on the controlling person issue, but reverse and remand on the issues of aiding and abetting and pendent jurisdiction.
I. BACKGROUND.
Investor's Equity, Inc. (IEI), is an Iowa corporation which originally was involved in the business of buying, selling, and servicing real estate contracts on low-cost homes. Fluctuating business conditions in 1969 caused IEI to form Investor's Mortgage and Finance Company (IMF) to raise capital for IEI by selling unregistered, unsecured, one-year renewable securities called thrift certificates (certificates), which resembled promissory notes. Subsequently, IEI also issued thrift certificate guaranty bonds, which unconditionally guaranteed the certificates. Initially IMF transferred proceeds from certificate sales to IEI in exchange for IEI real estate contracts; but by the end of 1970, IMF was loaning the certificate proceeds to IEI in exchange for IEI's unsecured promissory notes. Certificate sales were brisk and by mid-1974, the outstanding balance had risen to $1.5 million.
IEI invested the certificate proceeds in speculative real estate ventures which, by 1971, began to erode IEI's financial standing. Over time, certificate proceeds grew, representing a larger share of IEI's financing. Meanwhile, BTC had become heavily involved in financing IEI, and engaged in a series of banking strategies which kept IEI in business. By mid-1974, however, the State of Iowa prohibited the sale and renewal of unregistered thrift certificates. In August, 1974, IEI declared bankruptcy; as a result, certificate holders received only twelve and one-half cents on each dollar of accrued interest and no repayment of principal. BTC lost $543,703 in principal and $107,807 in accrued interest on its loans to IEI and its subsidiaries.
The appellant class of certificate holders sued BTC and seventeen individual appellees in federal district court, alleging state common law fraud and violations of federal securities laws stemming from misrepresentations and nondisclosure of relevant facts in connection with the sale of securities. In their federal securities law count, the appellants maintained that BTC is liable for violations of section 10(b) of the Securities Exchange Act of 1934 (15 U.S.C. Sec. 78j) and Rule 10b-5 (17 C.F.R. Sec. 240.10b-5) on theories of aiding and abetting, conspiracy and controlling person liability. The district court granted summary judgment for appellees, and the appellants appeal on all grounds except the conspiracy theory. We consider each of these arguments in turn.
II. THE AIDING-AND-ABETTING THEORY OF LIABILITY UNDER SECTION 10(b) AND RULE 10b-5.
A. Legal Principles of Liability.
This Court has previously set forth a three-pronged test to establish aiding-and-abetting liability. These requirements include:
(1) the existence of a securities law violation by the primary party (as opposed to the aiding and abetting party);
(2) "knowledge" of the violation on the part of the aider and abettor; and
(3) "substantial assistance" by the aider and abettor in the achievement of the primary violation.
Stokes v. Lokken, 644 F.2d 779, 782-83 (8th Cir.1981). Because the theory of aiding-and-abetting liability is a matter of common law, the courts have not yet elaborated the full meaning of these factors. Nevertheless, certain aspects of the practical applications of these tests are clear. The factors--particularly the second and third--are not to be considered in isolation, but should be considered relative to one another. Id. at 784. Practically speaking, this means that "where there is a minimal showing of substantial assistance, a greater showing of scienter is required." Id., citing Woodward v. Metro Bank of Dallas, 522 F.2d 84, 95 (5th Cir.1975). Thus, the two factors vary inversely relative to one another and where, as here, the evidence of substantial assistance is slim, the requirement of knowledge or scienter is enhanced accordingly.
The common law character of this three-part test requires further elaboration of the law before we apply the legal test to the facts of this case. Regarding the first prong of the test, we note that the existence of an underlying securities law violation by the primary party is not at issue in this case. Although BTC does not concede the existence of a violation, it recognizes that the appellants adduced sufficient evidence to give rise to a question of fact, which relieves us of further inquiry on this issue.
Regarding the "substantial assistance" factor, we note that the district court properly held that the appellants had the burden of showing that the secondary party proximately caused the violation. In approving this standard, we rely on decisions in other courts that have required a showing of "substantial causal connection between the culpable conduct of the alleged aider and abettor and the harm to the plaintiff[,]" Mendelsohn v. Capital Underwriters, Inc., 490 F.Supp. 1069, 1084 (N.D.Cal.1979), or a showing that "the encouragement or assistance is a substantial factor in causing the resulting tort[.]" Landy v. Federal Deposit Insurance Corporation, 486 F.2d 139, 163 (3d Cir.1974), cert. denied, 416 U.S. 960, 94 S.Ct. 1979, 40 L.Ed.2d 312 (1975) (quoting Restatement of Torts Sec. 436.)
In further examining the "substantial assistance" requirement, we note that BTC's involvement amounted to inaction rather than positive deeds of manipulation or deception. The distinction between positive action and deliberate inaction is elusive, and we do not wish to foreclose appellants' strategies on remand, but the facts suggest that we examine the standard as it relates to substantial assistance through inaction.
Although courts are by no means unanimous in treating the question of substantial assistance in a case of inaction, most seem to agree that, if the aider and abettor owes the plaintiff an independent duty to act or to disclose, inaction can be a proper basis for liability under the substantial assistance test. E.g., Cleary v. Perfectune, 700 F.2d 774, 777 (1st Cir.1983) (citing cases which impose a duty to disclose where defendant possesses insider information, where a controlling person approves fraudulent practices, or where the law imposes special obligations on a profession). We find no such duty in this case. Nevertheless, the district court properly applied an exception to this rule in deciding the case under the so-called Woodward-Monsen rule. In Monsen v. Consolidated Dressed Beef Co., Inc., 579 F.2d 793 (3d Cir.1978), cert. denied, 439 U.S. 930, 99 S.Ct. 318, 58 L.Ed.2d 323 (1978), the Third Circuit evaluated the substantial assistance requirement in a case of inaction and concluded that inaction "may provide a predicate for liability where the plaintiff demonstrates that the aider-abettor consciously intended to assist in the perpetration of the wrongful act." Id. at 800 (emphasis in original). The Fifth Circuit took a similar tack in Woodward v. Metro Bank of Dallas, 522 F.2d 84 (5th Cir.1975):
When it is impossible to find any duty of disclosure, an alleged aider-abettor should be found liable only if scienter of the high "conscious intent" variety can be proved. Where some special duty of disclosure exists, then liability should be possible with a lesser degree of scienter.
Id. at 97 (footnote omitted).
Simply put, in the absence of a duty to act or disclose, an aider-abettor case predicated on inaction of the secondary party must meet a high standard of intent. As applied here, Woodward and Monsen require that the aider-abettor's inaction be accompanied by actual knowledge of the underlying fraud and intent to aid and abet a wrongful act. The requisite intent and knowledge may be shown by circumstantial evidence. Woodward, 522 F.2d at 96.1
B. Application of the Law to the Facts.
At the outset, we note the standard governing reliance on inferences in a summary judgment motion: direct proof is not required to create a jury question, but to avoid summary judgment, "the facts and circumstances relied upon must attain the dignity of substantial evidence and not be such as merely to create a suspicion. * * * Furthermore, an inference which a jury is entitled to draw must be based upon proven facts and not upon other inferences." Impro Products, Inc. v. Herrick, 715 F.2d 1267, 1272 (8th Cir.1983), cert. denied, --- U.S. ----, 104 S.Ct. 1282, 79 L.Ed.2d 686 (1984), citing Admiral Theatre Corp. v. Douglas Theatre Co., 585 F.2d 877, 884 (8th Cir.1978).
In evaluating the record under this standard, we must determine whether the bank understood that the thrift certificates were worthless and, as a result, prolonged the business lives of IEI and IMF for its own benefit at the expense of the certificate holders. Although we express no view of the outcome of this case on the merits, careful review of the record convinces us that the appellants adduced sufficient evidence to avoid a summary judgment.
To explore the question of BTC's knowledge, we initially examine the nature of the relationship between BTC and IEI. The relevant history began in 1970 when BTC acquired by foreclosure a controlling block of stock in Mid-Iowa Lakes Corporation (MIL), which developed recreational real estate outside Des Moines, Iowa. Later that year, BTC, along with an Omaha bank, loaned MIL nearly $1.5 million in an attempt "to keep everything afloat."
In February, 1971, BTC sold the MIL stock to IEI under innovative terms, which figure prominently in this litigation. The total value of the transaction was $950,000, of which IEI paid $130,000 in cash. In addition, IEI gave BTC a $575,000 collateral pledge note for the acquisition loan, 50,000 shares of IEI stock, an irrevocable proxy to vote the MIL stock (the MIL stock was registered to IEI with blank stock powers back to BTC), and a guaranty of the acquisition loan by IEI directors and officers totaling $440,000. The 50,000 shares of IEI stock (the largest block of outstanding IEI stock, amounting to seventeen to eighteen percent of total shares) were transferred to Bell and Company, which was a partnership of senior BTC officers.
The proxy held by BTC in the MIL stock was unlimited and irrevocable. It was qualified, however, in that the purchase agreement included a proviso that BTC could only vote the stock when IEI was in default on its payments under the purchase agreement. IEI was frequently behind in its payments, which gave BTC at least potential control virtually from the outset of the agreement. Because the proxy allowed BTC to vote a controlling share of MIL stock, it gave BTC potential control over the general business affairs of MIL; for instance, it could call shareholder meetings, influence the composition of the board of directors, and amend articles and by-laws.
The purchase agreement also included a provision which empowered BTC to "put" or sell IEI stock back to IEI at a rate higher than BTC had paid for the stock. Thus, BTC was protected against the vagaries of the market, for if the stock value did not increase, IEI could be compelled to repurchase it at a higher price, but if the stock's value rose, BTC could sell it in the open market at a profit.
As part of its lending relationship with IEI, BTC also arranged to receive regular financial reports on IEI and MIL. Although in 1972 they were initially receiving quarterly statements (which showed quarterly balances of outstanding thrift certificates), by 1973, BTC was also receiving unaudited financial statements which treated IEI on a separate consolidating basis and revealed large thrift certificate balances.
An account of BTC's relationship with IEI must also consider the measures that BTC undertook to perpetuate IEI's business life. Viewed separately, most of these banking transactions are unremarkable events in the turbulent economy of the early seventies; but viewed in conjunction with the other evidence we discuss, they suggest an unusual pattern of extraordinary attempts to prolong IEI's financial viability.
Under the terms of the MIL acquisition loan, IEI was obligated to make a $100,000 downpayment, followed by $23,000 quarterly payments until September, 1972, when the loan would be repaid with a large balloon payment. When the first quarterly payment came due, however, IEI's poor cash flow compelled it to default, as it also did on the second payment. After extending the deadlines several times, BTC recognized that IEI was in part hampered by its involvement in another recreational real estate project, and so to recover its quarterly payments and to secure prepayment of the third quarterly payment, BTC arranged a "take-out loan" of $200,000 for the other project and IEI made its first three payments on the original acquisition loan.2
In April, 1972, BTC acted as escrow agent for IEI in an exchange of other obligations for thrift certificates and thrift certificate guaranty bonds. IEI had previously purchased the assets and liabilities of the Triple Eye Corporation, which obligated it on certain outstanding notes. Working through BTC and with the approval of BTC's president, IEI offered to exchange its thrift certificates and guaranty bonds for the notes. Two noteholders, who are members of the appellant class, accepted the offer, sent their notes to BTC and received IEI's thrift certificates and guaranty bonds from BTC in exchange. In deposition, bank officers stated that this was a standard service offered by the bank's trust department. Nevertheless, the bank's role in the exchange is relevant at least in demonstrating its awareness of IEI's reliance on the thrift certificate program in April, 1972.
In late September, 1972, after other late quarterly payments and discussion of exercising the "put" on the IEI stock and of seeking protection from the guarantors of the MIL acquisition loan, BTC agreed with IEI to renew and amend the terms of the loan agreement. Under the revised agreement, IEI was obliged to make an immediate $30,000 payment on the MIL acquisition loan, with the due date on the balance extended to October, 1974, on a new nine percent note. In addition, the bank attached an eleven percent service charge to the "put" because, according to BTC president Robert J. Sterling, the "put" represented a debt on which the bank made no interest or earnings if the "put" was not exercised. The "put" was additionally secured by stock of another IEI subsidiary and by mortgages on some IEI real estate. IEI also agreed to provide monthly, rather than quarterly, consolidating statements for itself and each of its subsidiaries, and it also agreed to refrain from borrowing more than $100,000 from any other lenders without BTC's consent.
Refinancing became necessary in May, 1973, after IEI defaulted on two more note payments and on two of the "put" service charge payments. (It also defaulted on the next six payments due on both of these obligations, through at least April, 1974.) According to Sterling, the May, 1973, refinancing plan was intended "to keep all of this thing afloat." Under this new plan, IEI borrowed an additional $71,000 from BTC, which was used to satisfy delinquent loan payments and service charges. As collateral for the loan, IEI secured a $71,000 note from MIL. In addition, BTC required IEI to pledge additional MIL stock as collateral for a $100,000 obligation which had previously been unsecured. Although the $71,000 was a "wash" transaction, the application of the loan proceeds to delinquent payments brought IEI's obligations up to date and apparently protected BTC with more collateral. Unfortunately, in real terms, the refinancing plan did little to help keep IEI "afloat." On December 31, 1973, BTC was obliged to loan IEI an additional $69,000 on an "emergency" basis to pay delinquent taxes.
Yet by March, 1974, IEI was once again in serious financial trouble which required BTC's intervention in the form of a final refinancing plan resembling the plan which went into effect ten months before. When asked if BTC was very concerned about its position on certain loans to IEI, loan officer Chris Pappas replied, "That would be an understatement." As a result, IEI was obliged to sell a $13,000 receivable note and to pledge its interest in a plastics company to secure a previously unsecured loan. In addition, MIL issued a $25,000 note to IEI, which IEI pledged to cover the balance of the $71,000 loan in May, 1973. Finally, MIL borrowed $46,000 from BTC (which was secured by receivables) which it paid to IEI which in turn paid to BTC (along with $16,000 in other funds) to bring IEI's obligations up to date. Thrift certificate sales ceased in May, 1974, and by the end of summer, IEI had filed for bankruptcy under Chapter 11.
We can only conclude from the above that several times BTC apparently rescued IEI and its subsidiaries from the brink of financial disaster with the declared objective of preserving the enterprises. The relevance of these banking decisions to the aiding-and-abetting issue becomes apparent when we review the extent to which the bank knew the extent of IEI's financial woes and of the extent to which it knew that IEI depended for cash on the sale of then-worthless thrift certificates.
In considering the financial data, the district court relied on IEI's consolidated balance sheets (which reflected the status of IMF and other subsidiaries) prepared in March, 1974, and concluded that IEI had a net worth of $975,000 at the end of fiscal 1972 and $500,000 at the end of fiscal 1973. While these figures, as far as they go, appear to be correct, a proper consideration of the existence of a jury issue on this question requires a more thorough analysis of IEI's financial outlook. When the net worth figures are considered along with certain qualifications and with other relevant figures, IEI's future looks considerably bleaker, and BTC's banking decisions are cast in a different light.
First, we review the assumptions and qualifications embodied in the net worth figures. At the deposition to which the appellees refer in their brief, the net worth figure is qualified by the assumption that the assets could be sold at the stated value and that the net worth figure is also subject to contingent liabilities cited in the balance sheets. Moreover, Coopers and Lybrand, IEI's accountants, prepared the balance sheets on a "going concern basis" which "contemplates the realization of assets and liquidation of liabilities in the ordinary course of business. * * * [T]he Company has not generated sufficient revenue to cover all items of expense and to liquidate liabilities in accordance with the terms of such liabilities. The Company's ability to retain the assets which are pledged as collateral for the notes which are in default and the continuation of operations depends upon achieving profitable operations and retaining additional and/or continued financing." According to Coopers and Lybrand, the figures were also subject to "(1) the Company's achieving profitable operations and obtaining additional and continued financing, and (2) any possible adjustment arising from the determination of the disputed liabilities and related litigation and final acceptance of a subsidiary utility company's rates[.]" These assumptions throw the net worth figures in considerable doubt as regards the jury issue.
Yet perhaps more important, the net worth figures contrast with other less optimistic measures of IEI's economic vitality which were included in the March, 1974, report and preceding reports. We note that IEI's net loss was $151,346 in fiscal 1971, which more than doubled to $311,611 the following fiscal year, and increased to $365,101 for fiscal 1973. In addition, the March, 1974, report noted that IEI lost its office building for failure to keep the mortgage current and that IEI lost its rights on two leases on undeveloped property due to nonpayment of rent on the land leases.
We also note that, in previous years, BTC had performed its own analysis of IEI's audited financial statements and found that IEI faced difficult economic problems. As early as February 10, 1972, BTC concluded that, for fiscal 1971, IEI exhibited an assets-to-liabilities ratio of .236 to 1 ($905,000 to $3,840,400), and a borrowing ratio of 8.70 to 1, based on liabilities of $10,933,900 and a capital structure of $1,257,300. By March, 1973, BTC's spread sheets on IEI's financial status revealed that the assets-to-liabilities ratio had improved to 1.09 to 1, but that its borrowing ratio had increased to 13.26 to 1. BTC concluded that the latter ratio showed "that the Company is under extreme pressure and Company leverage for creditors is extremely limited." Significantly, BTC loan officer Chris Pappas testified in deposition that these ratios--assets to liabilities and debt to worth--are the "most important" ratios on the spread sheets.
In evaluating these data and the relationship between BTC and IEI, we analyze finally the status of the thrift certificates to determine the likelihood that BTC had actual knowledge of their importance to IEI as its financial fortunes worsened. Careful review of the deposition testimony of BTC officers reveals that they deny all knowledge of the thrift certificates, of the fact that they were secured by real estate, and of the possibility that thrift certificate proceeds were the essential means by which IEI stayed alive and was able to make any payments on its obligations to BTC.
Due to commingling of accounts and the difficulty of tracing funds to their sources, little evidence actually documents the transfer of thrift certificate proceeds to BTC in satisfaction of IEI's obligations. Nevertheless, we find noteworthy two incidents from which a trier of fact might have inferred that BTC had actual knowledge of the existence and extent of the thrift certificate program. First is the Triple Eye Corporation's note exchange in April of 1972, which we previously discussed. BTC president Robert J. Sterling approved the bank's role as escrow agent in handling the exchange of the Triple Eye notes for IEI thrift certificates and BTC's trust department handled the matter. Although only two members of the plaintiff class were involved in the exchange, the incident could be interpreted as confirming BTC's knowledge of the program.
The second incident involves thrift certificate proceeds received by loan officer Chris Pappas on September 30, 1972, as part of the renewed and amended loan agreement between BTC and IEI. The record reflects that Pappas received a hand-delivered $30,000 check from IMF made payable to IEI, an IEI deposit slip for the $30,000 check, and an IEI check for $30,000 payable to BTC. He signed a receipt for the deposit and personally credited the IEI account for the following business day. Although Pappas argued in deposition that he did not make the connection between the deposits and thrift certificate proceeds until he was asked about it during the deposition, we regard the evidence of the transaction as potentially probative of BTC's actual knowledge as we survey the totality of the evidence.
The other set of circumstances surrounding the thrift certificate program that we regard as important in evaluating the propriety of the summary judgment is the growth in thrift certificate sales relative to IEI's declining financial health. We believe that records available to BTC confirm that these developments were inversely correlated--the worse things got for IEI, the higher were its thrift certificate proceeds. For instance, according to the balance sheet for fiscal 1971, while IEI's financial condition worsened, outstanding thrift certificates totaled $392,100, which was over three times the balance of the previous fiscal year. By March, 1972, as IEI's woes worsened, the total had risen to $482,950, and a September "Cash Flow Projection" assumed continued sales of at least $15,000 per month. By March of 1973, outstanding thrift certificates reached $694,970 and at the time of IEI's bankruptcy, they totaled nearly $1.5 million. Thus, the impressive growth in thrift certificates is a nearly perfect reciprocal of IEI's downward-sloping path, which we recounted earlier.
The final inquiry we make in evaluating the relationship between BTC and IEI involves the extent to which BTC can be showed to have benefited from postponing IEI's bankruptcy. Although it is undisputed that BTC lost over $650,000 in principal and accrued interest due to IEI's insolvency, Metge v. Baehler, 577 F.Supp. 810 at 814, we believe that this figure should not be the end of the inquiry, for the loss must be placed in context. First, we note that holders of thrift certificates, who were entitled to $1.5 million of principal, received none of their principal and only twelve and one-half cents of every dollar of accrued interest. Moreover, BTC's initial exposure in its lending arrangement was $950,000, which, when compared with its loss, suggests that it received significant payments of principal and interest as well as the service charges it collected on the "put" arrangement after it renegotiated an eleven percent service charge in September, 1972. Thus, although the record is not very illuminating on the question of BTC's benefit from IEI's delayed bankruptcy, we find sufficient evidence at least to give rise to an inference that BTC may have benefited at the expense of the certificate holders from IEI's renewed lease on life.
Although the facts we have recounted here at length are unremarkable taken in isolation, we find that taken together, they present what should have been a jury issue on the question of aiding-and-abetting liability. In sum, we have remarked on an unusually favorable banking relationship between the two parties at a time when BTC knew of IEI's precarious financial position. Moreover, the evidence suggests that BTC had knowledge of the thrift certificate program and its importance to IEI's ability to repay BTC's loan to IEI. Finally, we find an inference arising from the evidence which suggests that, although BTC made no profit on its loans to IEI nor even recovered its outstanding funds by postponing IEI's demise, it may have been able to lever itself into a more favorable position than the holders of thrift certificates. We express no view of any likely outcome on the merits, but hold only that summary judgment at this stage of the proceedings appears to have been premature.
III. CONTROLLING PERSON LIABILITY.
A. The Applicable Legal Standard.
The appellants also contend that the district court erred in granting summary judgment in favor of the appellees on the issue of controlling person liability. Careful review of the legal and factual issues under this theory persuades us that the district court did not err.
Controlling person liability is predicated on 15 U.S.C. Sec. 77o, which provides:
Every person who, by or through stock ownership, agency, or otherwise, or who, pursuant to or in connection with an agreement or understanding with one or more other persons by or through stock ownership, agency, or otherwise, controls any person liable under sections 77k or 77l of this title, shall also be liable jointly and severally with and to the same extent as such controlled person to any person to whom such controlled person is liable, unless the controlling person had no knowledge of or reasonable ground to believe in the existence of the facts by reason of which the liability of the controlled person is alleged to exist.
Congress has provided little guidance for the courts in construing these sections, however, believing that strict definitions of control would be "undesirable" because "[i]t would be difficult if not impossible to enumerate or to anticipate the many ways in which control may be exerted." H.R.Rep. No. 1383, 73rd Cong., 2d Sess. 26 (1934). The SEC appears to have adopted a similar approach in formulating a broad definition of control as "[t]he possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise." 17 C.F.R. Sec. 240.12(b)-2 (1983). Accordingly, we turn to the courts for guidance.
In Myzel v. Fields, 386 F.2d 718 (8th Cir.1967), cert. denied, 390 U.S. 951, 88 S.Ct. 1043, 19 L.Ed.2d 1143 (1968), this Court observed that "[t]he statute is remedial and is to be construed liberally. It has been interpreted as requiring only some indirect means of discipline or influence short of actual direction to hold a 'controlling person' liable." Id. at 738 (emphasis added). We believe that the district court properly followed Myzel's direction for interpreting the statute.
The district court relied on Stern v. American Bankshares Corp., 429 F.Supp. 818 (E.D.Wis.1977), to formulate its controlling person test. The Stern court declared that, to establish a prima facie case of controlling person liability, the plaintiff must demonstrate that the purported controlling persons "actively participated in the operations of Bankshares and possessed actual control over the transaction in question. Once that is established, the matters of knowledge and actual participation, which directly or indirectly induced the fraud, are matters for the defense." Id. at 824.3
From Stern, and in compliance with this Court's guidance in Myzel, the district court formulated a two-point test under which plaintiffs must establish, first, that the defendant lender "actually participated in (i.e., exercised control over) the operations of the corporation in general; then he must prove that the defendant possessed the power to control the specific transaction or activity upon which the primary violation is predicated, but he need not prove that this later power was exercised." Metge, 577 F.Supp. at 817-18. We approve this test because it complies with precedents which counsel broad remedial construction of the statute and because it complies with precedents that distinguish between actual exercise of control in the violator's principal affairs and potential control over the violation.
Although other courts of appeals have adopted the more restrictive "culpable participation" requirement, which requires a showing that the lender actually participated in the alleged violation, Rochez Brothers v. Rhoades, 527 F.2d 880, 889-90 (3d Cir.1975); Gordon v. Burr, 506 F.2d 1080, 1085-86 (2d Cir.1974); see also Christoffel v. E.F. Hutton & Co., 588 F.2d 665, 668-69 (9th Cir.1978) (discussing without deciding the relevance of the culpable participation standard), we reject this more stringent standard for reasons announced by the Fifth Circuit in G.A. Thompson v. Partridge, 636 F.2d 945 (5th Cir.1981). That Court, citing the text of the statute and regulation we set out above, noted that the plain meaning of both texts does not require participation in the wrongful transaction. Id. at 957-58. In addition, good faith and lack of participation are affirmative defenses in a controlling person action, and requiring them as part of the plaintiff's prima facie case while allowing them as affirmative defenses, confuses the parties' responsibilities and unnecessarily burdens plaintiffs contrary to the plain meaning of the statute. Id.; see also Metge, 577 F.Supp. at 815-16. Accordingly, we find no error of law in the district court's formulation of the controlling person test.
B. Application of the Legal Standard to the Facts.
Due to the bifurcated nature of the district court's two-pronged test, we first consider whether the appellants introduced sufficient evidence of BTC's actual control over IEI's general affairs. Because we find this evidence to be insufficient, we need not consider evidence regarding BTC's potential control over the alleged violation.
The appellants insist throughout their brief that the facts that they cite must be considered against the backdrop that BTC was IEI's primary lender, with the ability to foreclose on the loans whenever IEI was delinquent on payment. The appellants cite several factors which they argue suggest actual control of IEI. First, BTC held seventeen to eighteen percent of IEI's stock, with the prerequisites that accompany stock ownership (including the right to attend stockholder meetings, to vote its stock, and to receive stockholder communications). Second, BTC influenced the management of IEI's subsidiary, MIL, in that, as part of its security agreement on the acquisition loan, BTC held the proxy on a controlling block of fifty-one percent of MIL's voting stock; third, the "put" arrangement in the security agreement on the acquisition loan gave BTC power over IEI's policy regarding capital stock; fourth, BTC personnel attended a few MIL and IEI board meetings; fifth, BTC controlled IEI's operations through its innovative refinancing arrangements through which BTC influenced IEI's and MIL's debt structure by causing IEI to issue notes, sell its receivables and loan money to MIL. (We also consider as part of the record BTC's alleged receipt of financial reports and its performance of services as escrow agent in the exchange of the Triple Eye Notes.)
We agree with the district court that careful review of the record reveals no evidence which demonstrates actual control. At most, these facts suggest the potential for influence over some of IEI's business decisions, but they are not probative of appellants' allegation that BTC actually exercised control over the operation of the corporation in general. In fact, the evidence we have mentioned exemplifies the kind of evidence that might be adduced on the second prong of the test to demonstrate possession of power to control, rather than actual control.
IV. PENDENT JURISDICTION.
Because we find that the district court erred in granting summary judgment against the appellants on the aiding-and-abetting theory of liability, we also reverse on the dismissal of the pendent state claims of common law fraud. These state claims appear to arise out of a common nucleus of operative fact, United Mine Workers v. Gibbs, 383 U.S. 715, 725, 86 S.Ct. 1130, 1138, 16 L.Ed.2d 218 (1966), and, in the interest of judicial economy, should be resolved with the primary federal claims.
Accordingly, the judgment of the district court is affirmed on the controlling person theory of liability, but is reversed and remanded on the aiding-and-abetting theory and on the pendent state claims.
Because the circumstances in this case dictate the high scienter standard, we leave open the question of whether other facts in another case with more substantial assistance might state a claim under a recklessness standard of scienter. See Ernst & Ernst v. Hochfelder, 425 U.S. 185, 194 n. 12, 96 S.Ct. 1375, 1381, n. 12, 47 L.Ed.2d 668 (1976). Other circuits have limited the applicability of recklessness as a scienter requirement to cases in which the secondary party owed the plaintiff a duty. Cleary v. Perfectune, 700 F.2d 774, 777 (1st Cir.1983); Edwards & Hanly v. Wells Fargo Securities Clearance Corp., 602 F.2d 478, 484 (2d Cir.1979), cert. denied, 444 U.S. 1045, 100 S.Ct. 734, 62 L.Ed.2d 731 (1980); Woodward, 522 F.2d at 97
Because of title problems and construction delays, the other IEI project was never funded, and that division of IEI went bankrupt. Depositions of bank officers indicate, however, that they did not trace the delinquent payments to the take-out loan; according to BTC loan officer Chris Pappas, it is not banking practice to question the source of the payments "when you get paid."
In part, the Stern court relied on Holloway v. Howerdd, 377 F.Supp. 754, 761 (M.D.Tenn.1973): "A director's liability [as a controlling person] * * * presupposes some extent of actual participation in the corporation's operation before the consequences of control may be imposed."


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CULTURE/
We Spoke Too Soon - Love is Real and Alive in Hollywood/
We Spoke Too Soon - Love is Real and Alive in Hollywood
Keke Palmer Announced her Pregnancy Live on SNL
LKC
Live from New York City, it's Keke Palmer
via NBC
I thought love was dead in Hollywood when Harry Styles and Olivia Wilde announced their break up. It seems Miss Flo won the Don't Worry Darling saga, probably playing Taylor Swift's "Karma" all the way to the bank. But just when I was gearing up for my own personal "villain era" (or "Bitch era" as EmRata has coined) in the wake of this monumental split, love came back in a big way. It's a Christmas miracle!
And with a royal baby, at that!
Keke Palmer — the funniest woman alive and Timothee Chalamet's muse on the Met Gala 2021 steps — made Saturday Night Live worth watching on Saturday, December 3rd.
After weeks of fighting the baby bump allegations alongside boyfriend Darius Jackson, the 29-year-old multi-hyphenate finally got to share the news with the world. And it couldn't have been more iconic.
Yes, I'd watch anything with Keke in it. But if I needed another reason to tune in, I had it: during her opening monologue, she announced her pregnancy in a baby bump-baring crop top.
Keke Palmer Monologue - SNLwww.youtube.com
"I gotta say, though, it is bad when people on the internet spread rumors about you y'all, but it's even worse when they're correct. I mean, like, I was trying so hard to keep it on the down low, because I got a lot of stuff going on, you know?" she said. "But honestly, this has been the biggest blessing, and I am so excited. Guys, I'm going to be a mom."
In SNL monologue fashion, Palmer followed her announcement with her trademark humor: "Even though some people feel a little weird about me having a baby because I was a child actor, I just wanna say: look, I'm 29. I'm grown. I have sex. I own a home. I stormed the Capitol on January 6, you know? Things adults do." Cue the applause and the riotous laughter, naturally.
Baby, it's Keke Palmer! And it's Keke Palmer's baby! I haven't been this excited since Beyonce announced her pregnancy with Blue Ivy live during the VMAs.
\u201cNot Keke Palmer announcing her pregnancy with \u201cBABY! I\u2019m Keke Palmer\u201d \ud83d\ude2d\ud83d\ude2d\ud83d\ude2d\ud83d\ude2d\ud83d\ude2d\ud83d\ude2d\ud83d\ude2d\u201d
— HOOD VOGUE is tired of poverty (@HOOD VOGUE is tired of poverty) 1670129038
Keke has simultaneously been nursing a different kind of baby: her brand-new television network. The soon-to-be-mother just launched her own digital network called Key TV, a project to spotlight "a new generation of creators."
"All it takes is one of us to unlock a door to unlock a million doors for each other," said Palmer, the network's launch video. "I'm so excited to introduce you guys to Key TV, where our stories matter and where we are represented as the keys to the culture."
Introducing KeyTVwww.youtube.com
Palmer recently spoke about this new venture at AfroTech, a giant conference for Black people in tech. She told the audience that this new venture was self-funded. "We are always saying, 'Why don't so-and-so do this?' Usually, it's [the] funds, honey," she explained. "I want more of us — and when I say 'us,' I mean people of color, young people, to be on the forefront of being able to invest in that way."
Keke's passion for shaping future generations is further proof that she's on her way to being an incredible mom. All that while being fresh from a starring role in the blockbuster, Nope? She can do it all!
The royal baby is coming! Roll out the red carpet, Miss Keke is having a mini-Keke, and the world needs it.
surf mesa
The Demi Ramos Show: Justus Bennetts
Time's Up, Elon
Beyoncé Is Back - The Superstar Dazzles Fans During Spectacular Dubai Performance
The Renaissance singer plays her first concert since 2018
What Just Happened In White Lotus?
SPOILERS AHEAD
Raise Your Hand If You've Been Personally Victimized By Ticketmaster
The Ultimate Guide To Drugstore Skincare And Makeup


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Dilove () is a village located in Rakhiv Raion of Zakarpattia Oblast in Ukraine.

There has been a marble quarry in the village since 1947.

History

Dilove was first mentioned in writing in 1615 and belonged to the Kingdom of Hungary until the Treaty of Trianon in 1920, then to Czechoslovakia until 1939. From March 1939 until the Soviet occupation in 1944, it was in Hungary, then in Czechoslovakia again and from 1946, the Ukrainian SSR. Since 1991, the village has been part of independent Ukraine. Until 25 June 1946 it bore the Ukrainian name Trebuschany (Требушани), but was then renamed to its current name.

Demographics
Native language as of the Ukrainian Census of 2001:
 Ukrainian 98.84%
 Russian 0.45%
 Hungarian 0.41%
 Moldovan 0.07%
 Romanian 0.07%
 Belarusian 0.04%

Tourism

Dilove gained notoriety through the 2 m high geodesic monument erected in 1887, a concrete obelisk, which, according to calculations by the Cartographic Institute of the Austro-Hungarian Monarchy, represents the geographical midpoint of Europe. A plaque on it has an inscription written in Latin.

References

Villages in Rakhiv Raion

redpajama_set_name: RedPajamaWikipedia


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The Diet of a Sumo Wrestler
Hosted by Evan Kleiman Aug. 08, 2015 Food & Drink
On Saturday, August 8 thousands are expected to attend the US Sumo Open in Long Beach. Sixty wrestlers from around the world will compete in what has become one of the biggest sumo competitions outside Japan. Independent producer Abbie Fentress Swanson reports on what the wrestlers are eating to bulk up for competition.
Music: "NaNaNa" by Splendid
Evan Kleiman
Gillian Ferguson, Laryl Garcia
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Jonathan Gold Reviews Cassia in Santa Monica
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Marion Nestle is the author of seven books and a professor at NYU's Department of Nutrition, Food Studies and Public Health.
This week market manager Laura Avery talks with chef Nyesha Arrington who recently opened Leona on Washington Boulevard in Venice. This week chef Arrington is shopping for...
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Home » Cuffs & Collars » Ohio Outdoor News Cuffs & Collars – Jan. 17, 2020
Ohio Outdoor News Cuffs & Collars – Jan. 17, 2020
// January 16, 2020
State wildlife officer Brad Kiger, assigned to Franklin County, received a call through the 1-800-POACHER (1-800-762-2437) line stating that a subject in Columbus had a dead deer in his yard. The caller went on to say that deer parts were scattered in the yard and along the curb. Officer Kiger stopped and spoke to a subject, who stated that he missed his waste pick-up day and the deer was pulled into his yard by his dog. Officer Kiger inquired about the deer, and the subject stated that he witnessed a truck hit it along the highway. It was not tagged with a deer carcass receipt. Further investigation revealed the deer was harvested with archery equipment. The subject could not provide further information about the deer, including a date, or better location of where the deer was picked up. A citation was issued for possessing an untagged deer and the individual was fined $188.
During the early teal hunting season, state wildlife officer Mike Ohlrich, assigned to Lucas County, was patrolling Mallard Club Wildlife Area on foot. Shortly after sunrise, he saw an individual who appeared to be shooting at wood ducks, which were not in season. As officer Ohlrich got closer and had a better view, he observed the individual shoot and kill a wood duck. The suspect then retrieved the duck and placed it inside his chest waders. As he returned to his hunting spot, officer Ohlrich approached the hunter, who admitted he shot the wood duck. The duck was confiscated as evidence and the suspect was issued a summons for taking a wood duck during the closed season. He later paid $142 in fines and court costs.
During the 2019 deer gun season, state wildlife officer Brock Williamson, assigned to Van Wert County, received a complaint from a landowner about a group of hunters hunting without permission. The landowner did not want to pursue charges for a hunting without permission violation. Officer Williamson contacted the group in the field and found that one of the individuals possessed more than three shotgun shells in his firearm. The individual was issued a summons for $235 in fines and court costs for hunting deer with more than three shotgun shells in his firearm.
While on patrol, state wildlife officer Aaron Brown, assigned to Wayne County, located a trash dump along a rural road. The trash was deposited in the ditch and in the Killbuck Marsh wetland. Officer Brown searched through the litter and found something that appeared to belong to the person who dumped it. Officer Brown was then able to piece together a suspect through his investigation. Shortly thereafter, he contacted the suspect. The man acknowledged that he had placed the rubbish along the ditch and in the wetland. The individual was issued a summons for stream litter, convicted in court, and ordered to pay a $138 fine.
While working the Lake Erie shoreline for fishing license compliance, state wildlife officer Randy White, assigned to Lorain County, observed a man park his vehicle next to a pier, prep his fishing rod, and cast into the lake. He made several casts before setting his rod on the ground. Shortly thereafter, officer White approached the man and asked to see his fishing license. The man replied that he wasn't fishing, but instead was practicing. The man proceeded to reel in the line and revealed a casting plug tied to the end of the line.
During the summer of 2019, state wildlife officer Ryan Donnelly, assigned to Washington County, was working the Muskingum River for fishing license compliance. As officer Donnelly watched two people fishing the river, he heard radio traffic from a Washington County sheriff's deputy who was serving a felony warrant nearby. Officer Donnelly offered his assistance and helped arrest the wanted felon. Officer Donnelly then returned to the river and observed the two men still fishing. Only one had a fishing license. The angler was issued a summons for fishing without a license. He was found guilty and paid $150 in fines and court costs.
In December, state wildlife officer Darin Abbott, assigned to Lawrence County, was on patrol in Gallia County when he observed a truck using headlights to scan fields. Officer Abbott initiated a traffic stop and searched the vehicle for firearms. He located a rifle and ammo scattered in the front seat. The driver was issued summonses and the rifle was seized. Charges are pending in Gallipolis Municipal Court.
During the deer gun weekend, state wildlife Officer Jason Keller, assigned to Warren County, received a call on the Turn-In-a-Poacher hotline about someone shooting a deer from the road. The caller gave officer Keller a vehicle description and some identifying information. Officer Keller responded to the location of the incident. Officer Keller soon found a blood trail, which led to a dead doe. He was able to retrieve a slug from the doe as evidence. He contacted two suspects, who eventually admitted to shooting the doe from the vehicle. Both individuals pleaded guilty to numerous charges in Warren County Court. The defendants paid $1,741 in fines, restitution, and court costs. The Ohio Division of Wildlife would like to thank all of our concerned citizens who report violations such as this one. Please continue to report all violations when you see them by calling 1-800-POACHER (1-800-762-2437).
Tags: Ohio Outdoor News Cuffs and Collars


"Today, the world lost one of its most cherished leaders. While Nelson Mandela, the man, is now gone, his legacy will endure. He will forever be a source of inspiration for those who struggle against racial oppression and injustice around the world. He was a pioneer for freedom and equality and had the bravery to love his opponents as much as his supporters.
- The Center for International Disaster Information: www.cidi.org or +1.202.821.1999.
- Information on relief activities of the humanitarian community can be found at www.reliefweb.int.
"I am very happy to see the Senate pass EDNA. Currently, it remains legal in 29 states to fire or refuse to hire based on sexual orientation, and 38 states based on gender identity. This is wrong. This legislation does not create special rights, as some claim. ENDA simply adds sexual orientation and gender identity to the current list of federal employment protections that already ban discrimination based on race, religion, gender, national origin, age, and disability.


TeacherReady Certification? Good idea or are there better ones?
Kids that have never been taught the basics of how to behave.
Did you take an online TEFL/TESOL course "after" you started teaching?
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Public School Teachers: what would you change about the English tests?
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How to say "Write neatly" in Korean?
Do you teach the difference between England and the UK?


BONUS PROMO: and if you like what you see and decide to go for a more permanent procedure (powder brows | nano brows | ombre brows), we will apply $65. towards that for you!
The tint remains on the skin for 5-14 days and lasts on the hairs 6-7 weeks. Henna is a natural dye made from a plant known as hina or the henna tree and has been used for centuries for all kinds of body decorations. The base of brow henna is also the henna plant, however the shades have been formulated to cater for eyebrow tones.
Photos of Anna's beautiful work can be viewed HERE.
Are you a licensed esthetician that wants to join an amazing team? We want to meet you!
Level 10 Eurospa is a full service salon and dayspa currently in our 29th year of business. We offer a wide range of professional aesthetics and spa services in a warm, peaceful and inviting environment. Experience is an asset but not a requirement. We provide on-going education, a friendly, fun, professional atmosphere with an exceptional pay scale, medical/dental benefits and many perks. If you are passionate about your career, confident in your abilities and want to excel….we want to hear from you! Please apply in person or via e-mail with cover letter and resume (confidentiality assured).
We are excited to be a CERTIFIED GREEN CIRCLE SALON and through our partnership with Green Circle Salons, we ensure that 100% of our hair, foils, colour tubes, papers, plastics and excess chemicals are recycled and/or repurposed in an environmentally responsible way. All our hair clippings are re-purposed and used in hair booms to soak up oil spills, made into hair mats for emergency beds and in the production of bioplastics. All our highlighting foils are re-claimed and recycled to be kept out of the landfill, all our excess hair colour and spa waste is re-directed and turned into energy that goes straight to BC Hydro! We are even able to recycle all our glass(including nail polish bottles) and all aerosol hairspray cans. Of course we are still recycling all our papers, plastics and cardboard so have minimal actual 'garbage'.
Today, each of us has a role in igniting and supporting a greener world. We all share equally in both the opportunities and the challenges of building sustainable communities and a healthier planet. In Canada, with roughly 30,000 salons, our industry is creating a massive ecological footprint. Business as usual means that salons are dumping tens of thousands of kg's of solid waste into landfill, and pouring hundreds of thousands of litres of liquid chemical waste down the drain and into our water bodies, every day.
At Level 10 we understand how important it is to advocate environmental stewardship, to reclaim our habitat and urban spaces, and to advance positive green change so as GREEN AMBASSADORS, we invite other salons to join the green movement! Become a Green Circle Salon today!
Thank you for choosing Level 10 Eurospa, for contributing to remarkable green change, and for helping us lead a movement that is helping to secure a healthy planet for now and future generations!
Welcome Anna to the Team!
The newest member of our team, Anna is a European trained, highly qualified, licensed PMU Artist, Cosmetologist and Lash and Brow Specialist. She is excited to share with you the latest technologies, trends and techniques from Europe including the new and wildly popular LASH BOTOX! (no needles involved) Anna is offering Microblading, Powder Brows, Brow Ombre, Brow Henna, Lash lifting, Lash Lamination and Lash Botox. As a Semi Permanent Make Up Artist she also performs Cosmetic Tattooing for brow, eyes and lips. We are very excited to introduce you to Anna and all the services she offers!
At Level 10 Eurospa we guarantee the best price on any of the products that we stock. Find it anywhere else for a better price and we will beat it by 10%! Anywhere includes Winner's, Amazon, Chatters, London Drugs, Shopper's, on-line shops….
Plus we have a 100% happiness guarantee!
A licensed Nail Tech, Sara is a very talented young lady and we are excited to welcome her to the team!
50 % OFF all Sculpted Gel Nails, Manicures and Pedicures! (limited time offer). Sara is currently available all day Monday and Tues and Thurs evenings.
These innovative heads for our shampoo hoses cut down on rinse time, ionize and clean the water plus give a pleasant massage. Not to mention that we have cut our water usage by almost 65%!
L10haute hair is produced with eco-friendly, clean manufacturing practises. We use naturally based emulsifiers, surfactants and essential oils to deliver exceptional results!
Paraben free. Sulfate free. Cruelty free. All packaging is user friendly and recyclable.
Join us in welcoming Sylvia to the L10 Team! Sassoon trained, Sylvia brings her passion, talent and 30 years of hairdressing experience to Level 10 Eurospa. A successful career stylist and salon owner, Sylvia recently moved here from Edmonton and is very excited to be part of our community. With expertise in all areas of hair design, she truly loves creating with hair colour, short hair cuts and loves working with natural curls. We invite you to come sit in Sylvia's chair for a 'beautiful experience'!
We are now offering CELLUMA LED Phototherapy for anti aging, acne and pain relief. Using wavelengths that are scientifically proven to stimulate fibroblasts to increase collagen and elastin, Celluma's low-level light therapy is safe and effective and non toxic, non invasive.
For more info navigate to Spa and then Skin Rejuvenation on our website.
Samantha is a very talented young stylist and graduate from MC College, Edmonton campus. Relocating to the Comox Valley to be a part of the L10 Team, this ambitious young lady has been in the beauty industry 5 years and loves what she does. Working with long hair, Samantha loves anything and everything to do with 'balayage' hair colouring! You can find Sam working behind her chair Tuesdays thru Saturdays. She is looking forward to meeting you!
I LIKE MY PRODUCTS HOW I LIKE MY PEOPLE.
L10haute skin: good for you and the planet!
Made in Canada and available exclusively at Level 10 Eurospa.
Get your GLOW on! Visible signs of aging are no match for the combination of the OxyGeneo Facial and TriPollar Technology! Come experience our non invasive, non surgical face lift.
For more info, navigate to Spa and then Skin Rejuvenation on our website.


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Cong blames Govt for poor sale in auto industry
New Delhi, Jul 11: Congress on Thursday criticised the government for the falling sales of automobiles and claimed that the dire state of the sector is proof of an economic meltdown.
"Worse Auto Sales in 10 years, Production volume of passenger cars and commercial vehicles is lowest in last 6 years, sales reduced by 25 percent", AICC Communication in-charge Randeep Singh Surjewala said' quoting media reports.
The Society of Indian Automobile Manufacturers (SIAM) has said auto companies will be compelled to shed manpower. According to SIAM, the de-growth in the auto sector today is significantly prolonged, and the worst since 2008-09 and 2011-12. "Dire state of Auto Sector is proof of Economic Meltdown If sales continue to fall," said Mr Surjewala in tweet. (UNI)


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I've discovered a useful phonological ambiguity/embedded command that you can use in your NLP salesletters right away.
By the way, (A SECONDARY BENEFIT).
The reason you would use a secondary benefit as opposed to a primary benefit is because the way it is written almost suggests an afterthought.
What Does Using Complex Equivalence in Your Advertising Mean?


Neergaard and Engsig Sørensen are focusing on the alleged judicial activism made by the CJEU, but also reflecting on the irony that the Danish Supreme Court itself showed that it too had an activist streak, and finding that the full implications of the case and therefore the remedy are far from certain yet. The authors have considered how the courts should strike a sensitive balance, which has to exist in the relationship between the national courts and the CJEU, requiring mutual trust or, at the least, judicial comity in accordance with the hierarchy of norms established by virtue of EU law.
In the article, Krunke and Klinge are focusing on the scope and development of the case law regarding the accessions to the European Union treaties, and analysing the case from a comparative legal perspective. Relating Ajos to developments seen by other constitutional courts, i.e. the Italian Taricco II case and the German Honeywell case both of which can be interpreted as more open toward Union law and European integration.


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Lane County Glass includes a number of office and retail spaces. Custom azure-light storefront glazing and steel-fabricated canopies highlight the front. Pre-engineered structural steel framework was utilized with steel stud and "Drivit" exterior to make the building very cost effective.


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Migos Partners Up With Popeyes To Launch "Migos Menu" Through Uber Eats
Lauren Alvarez Contributor
BROOKLYN, NEW YORK - SEPTEMBER 10: Migos pose backstage for Savage X Fenty Show Presented By Amazon ... [+] Prime Video - Backstage at Barclays Center on September 10, 2019 in Brooklyn, New York. (Photo by Ilya S. Savenok/Getty Images for Savage X Fenty Show Presented by Amazon Prime Video )
Getty Images for Savage X Fenty Show Presented by Amazon Prime Video
Migos' food palette just got a little more "Bad and Boujee." The hip-hop trio is partnering up with Uber Eats and Popeyes to launch their very own "Migos Menu." Each member of the group — Quavo, Offset and Takeoff — has curated a special order of their personal favorites for the menu. And yes, the in-demand chicken sandwich is one of the available dishes.
Rapping about Popeyes in their single "Stir Fry," the Atlanta act has shown love for the food chain numerous times. Quavo even attempted selling Popeye chicken sandwiches for $1,000 a pop on Instagram when the Internet set ablaze over the chicken sandwiches this past summer.
"I heard y'all boys was looking for them, they sold out everywhere," he said in the social media clip. "I got them things going for $1,000 a chicken."
The famous Popeyes chicken sandwich first went viral when the company released the offering in August. While it took a few months to restock restaurants across the nation, the popular food item finally returned in the beginning of November.
Migos x Popeyes x Uber Eats
Courtesy of Uber Eats
Migos' Popeyes menu will feature four different options, and will be delivered exclusively through Uber Eats. Delivery is available from December 6 to January 2.
Migos' Popeyes Menu:
• Tour Rider starts at $46.99, and includes the following: 20 tenders, 7 sauces, 1 large mashed potatoes with gravy, 2 large fries, 5 biscuits, 1 gallon lemonade
• The Offset is set at $21.99, and includes the following: 8 pieces BIC chicken meal, 1 large fries, 1 large mashed potatoes with gravy, 4 biscuits
• The Quavo is set at $17.99, and includes the following: 2 chicken sandwiches, 2 regular fries, 1 regular mashed potatoes with gravy, 2 apple pies, 2 small drinks
• The Takeoff is set at $9.99, and includes the following: 5 tenders, 2 sauces, 1 regular mashed potatoes, 2 biscuits, 1 apple pie
They first rose to fame with their debut single "Versace" in 2013. Migos went on to make waves with subsequent projects and eventually signed with Motown and Capitol Records in 2017.
Migos has garnered two No. 1 albums on the Billboard 200 albums chart with Culture, released in 2017, and Culture II, released in 2018. Their records also hit No. 1 on Billboard's Top R&B/Hip-Hop Albums chart. They've only topped the Billboard Hot 100 with their single "Bad and Boujee," but they have scored four top 10 hits ("MotorSport" featuring Cardi B and Nicki Minaj, "Stir Fry," "Walk It Talk It" featuring Drake and "Bad and Boujee" featuring Lil Uzi Vert) on the same listing chart.
Each member of the trio has released a solo project over the last year, and the group is set to reunite for the release of Culture III for 2020.
Lauren Alvarez
I am a writer, music critic, and digital producer born and raised in Los Angeles. My extensive work in music, entertainment, and pop culture has appeared in Billboard an...


We are located at the corner of Maple Ave and First Street. As a team we have a lot of heart and drive and we grown and learn together. Our main goal is to keep our guests happy. We enjoy getting to know our customers from the school visitors, to the old timers who come in day after day. We pride ourselves on serving them all well and keep them coming back again and again.


Several Indian social media users as well as Sikh commentators and organizations came down heavily on fashion brand Gucci for featuring a host of models wearing turbans in its show during the Milan Fashion Week on Feb. 21. They took to the social media over the weekend to express outrage at the "appropriation" of the religious headgear.
The models, who wore the turban at Gucci's show for designer Alessandro Michele's collection, were European. The turban, mainly worn by Sikh men to cover the knot of uncut hair they sport as an article of faith, has often elicited discriminatory response against them in western public spaces.
Several social media users pointed out that Sikhs are often discriminated and racially profiled because of the turban. Post 9/11, there were a lot of attacks that members of the Sikh diaspora were subjected to in the United States when they were mistaken for Muslims.
"While Gucci sends white models down the catwalk wearing turbans, a Sikh environmentalist has his turban ripped off outside parliament in a hate attack. As someone whose family has been on the receiving end of this sh** for decades, this is utterly depressing," said Daheley.
International brands have frequently come under fire for cultural appropriation. Earlier in February, Zara was mocked for selling a checkered skirt that resembled a lungi, a garment worn by men in India. March Jacob was roundly criticized for featuring white models with dreadlocks.


Direct purchasers of pool products stated per se illegal horizontal conspiracy claims against pool manufacturers and distributors, the federal district court in New Orleans has held (In re: Pool Products Distribution Market Antitrust Litigation, December 18, 2013, Vance, S.). However, the direct purchasers were unable to state fraudulent concealment claims against the defendants.
Pool Corporation, SCP Distributors LLC, and Superior Pool Products (collectively "Pool") distribute products used for the construction and maintenance of swimming pools. Hayward Industries, Inc., Pentair Water Pool and Spa, Inc., and Zodiac Pool Systems, Inc. (collectively "manufacturers") sell the products to Pool, and Pool sells them directly to direct purchasers. The direct purchasers include pool builders, pool retail stores, and pool service and repair companies.
The direct purchasers alleged that Pool and the manufacturers attempted to monopolize the pool market by acquiring rival distributors and by entering into agreements with manufacturers to exclude Pool's rivals, engaging in an unlawful conspiracy to exclude Pool's competitors, and that the defendants fraudulently concealed their illegal conduct. Specifically, the direct purchasers contended that manufacturers communicated with each other and Pool in order to facilitate an antitrust conspiracy to protect Pool's market share.
When a business practice appears to be one that would always, or almost always, tend to restrict competition and decrease output, or is a naked restraint of trade, it is deemed a per se violation of Section 1 of the Sherman Act. In order for the per se rule to apply to such a claim, there must be a horizontal agreement among competitors. Evidence of the agreement must show a conscious commitment to a common scheme that excludes the possibility of independent action.
Horizontal conspiracy. The court held that the direct purchasers adequately pleaded a horizontal conspiracy to raise free freight limits, but they did not sufficiently allege a horizontal agreement to impose disadvantageous terms on buying groups. The manufacturers raised the required dollar purchase amount for an order to qualify for free freight by an identical amount within a three-month period. The purchasers also plausibly alleged that the manufacturers' parallel conduct was contrary to their independent self-interest, and the increases were meant to price out Pool's smaller rivals that could not afford to buy $20,000 worth of goods at a time. The manufacturers had no reason to raise their prices to Pool's rivals unilaterally, and, absent parallel action by the other manufacturers, the manufacturer increasing prices would only be risking a loss of market share to the other manufacturers. It was plausible that each manufacturer individually agreed with Pool, in response to Pool's complaints, to raise the free freight minimums, but the question at the pleading stage was not whether there was a plausible alternative to the purchasers' theory. This factor weighed strongly in favor of the sufficiency of the purchasers' allegation of a horizontal conspiracy to raise free freight minimums.
The direct purchasers also plausibly alleged that the defendants had an opportunity to form a horizontal conspiracy, according to the court. Allegations of an opportunity to conspire, standing alone, are insufficient to raise an inference of conspiracy. However, when added to the allegations that the parallel conduct was against the manufacturers' individual self-interest, the existence of an opportunity to effectuate the alleged conspiracy takes on additional weight. Thus, the allegations that the manufacturers met was sufficient.
The court held that the direct purchasers plausibly alleged parallel conduct suggesting a preceding agreement and that the per se illegal conspiracy claims could continue. There were no specific allegations that conditions in the pool industry were ripe for collusion. However, indications that the market was weak at the time of the freight minimum changes strengthened the inference that those increases were the product of collusion. An e-mail from Pool's CEO to Pool executives stating that the manufacturers "have all agreed to the $20,000 freight minimum with NO exceptions" was direct evidence that each manufacturer agreed with Pool to raise the freight minimums.
However, the direct purchasers did not adequately allege that the manufacturers conspired with each other to disadvantage buying groups. Buying groups are collectives that pool dealers formed to "try to leverage their collective volume of purchases to negotiate directly with manufacturers of Pool Products, thus bypassing PoolCorp" and "avoid[ing] PoolCorp's monopoly pricing." The direct purchasers' claims did not plausibly allege that such conduct would be contrary to the manufacturers' independent self-interest. The manufacturers required the buying groups to make substantial minimum purchases, which made good business sense for manufacturers of pools because the requirements minimized transaction costs associated with shipments. Also, the factual allegations purporting to show a conspiracy to impose onerous terms on buying groups were too vague and inconsistent with the proposition that the manufacturers colluded regarding the terms upon which they dealt with buying groups.
Fraudulent concealment. The doctrine of fraudulent concealment requires plaintiffs to prove that the defendants concealed the conduct alleged, and that the plaintiffs failed, despite the exercise of due diligence, to discover the facts that form the basis of the claims. Antitrust actions must be brought within four years from the date on which it accrues. The direct purchasers sought damages for injuries allegedly suffered before the four-year limitations period, contending that defendants fraudulently concealed their illegal conduct and that the direct purchasers did not discover the scheme until 2011 when a Federal Trade Commission investigation and consent decree were made public.
There was insufficient evidence that Pool fraudulently concealed vertical agreements with the manufacturers that violated Section 1 of the Sherman Act. Restrictive dealing agreements among manufacturers and Pool were not secret. It was well known in the industry that the manufacturers did not sell to Pool rivals and risked losing Pools business if they did sell to rival companies. There were also no specific allegations of who participated in the allegedly fraudulent communications, where and when the communications took place, or what was actually communicated. The blanket allegations that all of the manufacturers communicated with Pool in secret to cover up the alleged wrongdoing were insufficient.
Also, the direct purchasers failed to adequately allege that defendants fraudulently concealed the alleged horizontal conspiracy to increase the free freight minimums, according to the court. There were no allegations that the agreement was meant to be secret, much less that the defendants affirmatively concealed it.
The case is MDL No. 2328.
Attorneys: Camilo Kossy Salas, III (Salas LC) for Direct Purchaser Plaintiffs' Liaison Counsel. Thomas J. H. Brill (Law Office of Thomas H. Brill) for Indirect Purchaser Plaintiffs' Liaison Counsel. Arnold Levin (Levin, Fishbein, Sedran & Berman) for Plaintiffs' Steering Committee. Wayne J. Lee (Stone, Pigman, Walther, Wittmann, LLC) for Manufacturer Defendants' Liaison Counsel. William Bernard Gaudet (Adams & Reese, LLP) for Defendants' Liaison Counsel. David H. Bamberger (DLA Piper, LLP) for Defendants' Lead Counsel.
Companies: Pool Corporation; SCP Distributors LLC; Superior Pool Products; Hayward Industries, Inc.; Pentair Water Pool and Spa, Inc.; and Zodiac Pool Systems, Inc.


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El Estadio Chimandela es un estadio ubicado en Lubango, Angola. Recibió la Copa Africana de Naciones 2010. Es uno de los otros tres estadios construidos para este torneo y recibió gran parte de los encuentros del Grupo D, uno del grupo C y uno de cuartos de final.

Enlaces externos
 Estadios Angola 2010 (Portugués)
 Información del Estadio (Portugués)

Alto da Chela
Angola
Estadios de la Copa Africana de Naciones 2010


Myers & Co Solicitors in Stoke-on-Trent, Staffordshire understand that protecting your inheritance and making sure your estate goes to the correct people after you die is of the utmost importance.
To guarantee that your money, property and personal possessions go to the people you want them to, it is recommended that you make a will. Not only does this protect your inheritance, it can also be a useful way of planning for the amount of inheritance tax that will need to be paid. Without a will, your estate will be divided according to the laws of intestacy, which may not follow your wishes.
Making a will is especially important if you have been married before or have children from a previous relationship.
do I need a special type of will if I am married or have children?
can I leave money to charity?
can I change my will later?
can the terms of my will be challenged or ignored?
To download our new guide 'Safeguarding your inheritance', click here.
For a confidential discussion about any wills and probate issues, and for help making a will or a lasting power of attorney and an advance decision or statement, please contact Stephen Myers on 01782 525007 or email Stephen.Myers@myerssolicitors.co.uk.
Stephen can also help if you need advice on accessing funding for care costs from the NHS or your local authority, or if you are concerned that a relative with dementia is being held against their will or mistreated in a hospital or care home.


Famicase 2017 is a go! Check out our game, The Ring, done by our resident artist Andrew Gallardo. The annual Japanese art show features fake Famicom games that look so good that they should be real. Artists from all over the world enter it.
Synopsis: The only ring is the ring you put on their finger! Get into the wrestling ring and then earn the love of your potential mate in this dating sim. Heartbreak and broken bones is only the beginning as you fight it out in the ring for the ring and for the most important thing in the universe, love!
We'll share more when the whole gallery goes up...hopefully soon!


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Art Transplant: The (Shy) Renaissance Woman Versatile artist Linda Franklin opens up.
Jen Michalski
Linda Franklin likes old Industrial Era cities. When, in 1993, she decided to move from New York, where she'd lived as an artist for nearly 25 years, to be closer to her Charlottesville-based parents, her choices were Richmond, Philadelphia and Baltimore. She chose Baltimore because of its eccentric reputation.
"I was immediately home," Franklin explains. "Artists here do their own thing, and they can because it's cheaper" than New York.
Franklin looked at more than 300 listings before finally settling on a three-story home on Park Avenue in Bolton Hill. "It was my last stop," she laughs. She discovered she was close to the Maryland Institute College of Art, where she took a few classes, including welding, and the Meyerhoff, where she became a longtime subscriber to the BSO.
It was a chance encounter in 2006, though, that finally led to Franklin feeling she really, truly belonged.
In the waiting room of a veterinary hospital in Gaithersburg, where she'd taken her terrier, Nicholas Copernicus "Nicky" Franklin, to treat a mast cell tumor on his leg, she met Christine Sajecki, whose dog was undergoing the same radiation treatment. Sajecki was a young artist in residence at the Creative Alliance in Highlandtown, where she worked primarily in encaustics—the use of beeswax and colored pigments to create images. Franklin looked forward to Nicky's appointments so she could talk with Sajecki about art and Baltimore.
When Sajecki invited her to one of her shows at Hamilton Gallery, Franklin, then 65, who had considered herself fairly shy for most of her life, threw caution to the wind and attended. There, she met some of Sajecki's friends—singer/songwriter Caleb Stine, writer/ artist Joseph Young and singer/fabric artist Carly Goss. They invited her to go bowling after the show. Quickly, the large gaps between them in age—and in life—vanished.
"Every Monday, we'd go to the Golden West Café," Franklin explains, "and talk about everything. And they were all doing more than one thing, like me. Painting, sculpture, video, music." Multi-versed is certainly an apt descriptor for Franklin. In addition to participating in "The Big Show" at the Creative Alliance every year (this year she's also performing a five-minute play at their "Big Stage"), she's taught writing to ex-offenders at Mondawmin Mall for more than 10 years through Writing Outside the Fence. And although she's published more than 40 books, she's earning her MFA in writing at the University of Baltimore. Since 1965, she has collected outsider art and has lent pieces to the American Visionary Arts Museum for exhibitions.
As versatile as Franklin is, she's quick to credit Baltimore for her artistic renaissance, particularly the artists she now calls her family. Or, as she explains: "I don't think I would have met these people anywhere else."
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Next Art Transplant: The Performance Poet


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ABC TUESDAY NIGHT
Earlier this evening ABC premiered one new show, Commander In Chief, and the first night of a returning show, Boston Legal.
Although it presents our first female President, and is mildly interesting, CiC was not so different from West Wing, except that the kinds of personal problems the CiC faced were the first ones one might guess a female President would face in a TV show. (EG. Her husband was asked what menus the White House chef should prepare, and her daughter refused -- for about three lines of dialog -- to attend the swearing in, because there were mother-daughter issues -- Mom is not conservative enough.) Similarly, the first international crisis the President was asked to deal with concerned a woman -- with a baby not her husband's -- being threatened with death by stoning in Nigeria. More serious than the choice of predictable plot-problems was that the writing and direction had no great innovative flair or excitement.
The contrast to the writing in Boston Legal could not be sharper. The dialog and acting here were very sharp and witty. The situations were a little goofy, but it held together with amusing surprises and the confidence of both characters and actors.
Both shows, unfortunately, were seriously marred by so many commercials, that popped up so often, and went on so long, that it was hard to get any momentum going, and it was irritating in the extreme.
# posted by QPORIT @ 11:23 PM