Private Charles Samuel Henry Dale experienced the First World War in Gallipoli, France and Belgium, and due to the severity of the wounds he sustained was deemed unfit for active duty in the Second World War.
He was one of the 29,000 plus soldiers who came to Beaufort War Hospital for treatment. Dale had enlisted on 10 March 1915, and was appointed to the 26th Battalion (Bn), "D" Company (Coy) on the 15 June 1915, aged 19, at Claremont, Tasmania. On the 2 September 1918, he was hospitalised for the fourth time with a wound to his right foot in France. He was invalided to England on the 5 September and admitted on the seventh to Beaufort War Hospital, for surgical treatment and rehabilitation. By the 18 September he was transferred to 3rd Auxiliary Hospital, Dartford. On 2 June 1919, he was discharged on war caused medical invalidity grounds.
Many thanks to Terese Binns who visited Glenside Hospital Museum on the 1st August 1918, walking in the footsteps of Charles Dale for providing us with this information. She is pictured with her husband on the featured image, as part of the Tasmanian Light Horse Troop as an Australian Army Nursing Service (AANS) nurse).
Terese Binns researched Charles Dale's history using the Australian National Archives website, the places he went, details of his family and has illustrating it with old photographs from the Australian War Memorial website as well as taking some herself. Read about his First World War experience by clicking on the pdf link below.


text:
Bilateral agreements are based on the "freedoms of the air", a group of generalized traffic rights ranging from the freedom to overfly a country to the freedom to provide domestic flights within a country (a very rarely granted right known as cabotage). Most agreements permit airlines to fly from their home country to designated airports in the other country: some also extend the freedom to provide continuing service to a third country, or to another destination in the other country while carrying passengers from overseas.
Moreover, the industry is structured so that airlines often act as tax collectors. Airline fuel is untaxed because of a series of treaties existing between countries. Ticket prices include a number of fees, taxes and surcharges beyond the control of airlines. Airlines are also responsible for enforcing government regulations. If airlines carry passengers without proper documentation on an international flight, they are responsible for returning them back to the original country.
Private jet is the best new way for VIPs to travel south: Casa Marina, A Waldorf Astoria Resort, now offers direct seaplane air service with Key West Seaplanes from Florida airports to the property's private beach pier. Slightly farther north on Key Largo, Playa Largo Resort & Spa debuted last summer with signature Sunshine State coral reefs and sea glass, plus 144 rooms and suites, 10 secluded bungalows and a standalone luxury guesthouse.
At the same time, Juan Trippe began a crusade to create an air network that would link America to the world, and he achieved this goal through his airline, Pan American World Airways, with a fleet of flying boats that linked Los Angeles to Shanghai and Boston to London. Pan Am and Northwest Airways (which began flights to Canada in the 1920s) were the only U.S. airlines to go international before the 1940s.
We're planning a Greece trip to celebrate our 25th anniversary in September 2017 We plan to arrive in Athens and directly take train to Kalambaka/Meteora (2 nights), then down to Delphi (hotel stay in Athens), a day to see sights in Athens, a day trip to Nafplio and then leave to explore islands. Our plan is to go to Naxos for 4-5 nights, then to Santorini (for our anniversary) for 4 nights, and then to Crete for 5-6 nights. I would like to see Delos and wonder if it's possible to stop in Mykonos, do the tour to Delos and still be able to catch ferry to Naxos the same day?
We are wanting to hit 3 islands and have narrowed it down to Corfu, Crete, and Santorini. I was feeling pretty good about this but I haven't seen a lot of hype for Corfu. I was thinking it would be more unique as compared to the other 2 with its proximity to Italy and Turkey and Albania. Am I missing something, do you have any insight you could provide, please?
Located in the Caribbean Sea, this Dutch-owned island is perfect. Voted one of the best in the Caribbean, Curacao is like being in tropical Holland. The town is built in the Dutch style, but the surrounding areas are all tropical. Hit the beaches, lay in the sun, and party the night away. This may not be Gilligan's Island, but what it lacks in privacy, it makes up for in romance and fun.
Also, if there are any other suggestions you have in general for Athens and Santorini I would love to hear them. I would like to be able to leave Athens early morning on Day 3 so that we can have almost a full day on our first island. We would like to see as much as we can without feeling like we are running around from island to island the whole time.
Toward the end of the century, a new style of low cost airline emerged, offering a no-frills product at a lower price. Southwest Airlines, JetBlue, AirTran Airways, Skybus Airlines and other low-cost carriers began to represent a serious challenge to the so-called "legacy airlines", as did their low-cost counterparts in many other countries.[42] Their commercial viability represented a serious competitive threat to the legacy carriers. However, of these, ATA and Skybus have since ceased operations.
The world's largest airlines can be defined in several ways. American Airlines Group is the largest by its fleet size, revenue, profit, passengers carried and revenue passenger mile. Delta Air Lines is the largest by assets value and market capitalization. Lufthansa Group is the largest by number of employees, FedEx Express by freight tonne-kilometers, Ryanair by number of international passengers carried and Turkish Airlines by number of countries served.
Fiji is poised for a comeback after 2016's Tropical Cyclone Winston, the most severe on record. The quintessential Fijian Jean-Michel Cousteau Resort on Savusavu Bay reopened in September with 25 newly thatched houses known as bures. For total seclusion, guests are ferried via seaplane to the remote Kokomo Island, a new collection of 21 bures and five villas on uninhabited Yaukuve Island.
Located in the middle of the Indian Ocean, the Maldives is a chain of 1,000 islands (200 are inhabited, and only 5 have any substantial population). The country is actually just a series of coral atolls that are barely above sea level. During the 2004 Tsunami, many of these islands were completely washed away. The government has built flood barriers to help lessen the impact of any future tsunamis.
Korcula Island (pronounced KOR-chu-la), also known as the Emerald Isle, is one of the absolute best islands near Dubrovnik. Located in southern Dalmatia, this small, 279-square-kilometer island is a favorite among travelers. A place of culture, history, beauty, and charm, the island of Korcula offers a variety of activities and unique traditions all surrounded by the stunning Adriatic sea and excellent Korcula weather.
It's best to visit Greek islands within the same group. For example, I wouldn't recommend visiting Corfu and Santorini on the same trip as they're on opposite sides of the country. Instead, visit islands in the same island group: the Cyclades, the Sporades, the Dodecanese, the Ionian, the Saronic, and the Northeastern Aegean. For one, they're close to each other. And two, they have frequent ferry connections with each other. For first time visitors to Greece, the Cyclades make the most natural and convenient introduction.
Nicknamed "The Helen of the West" (an allusion to the beauty of Helen of Troy), St. Lucia stuns with its signature feature: the UNESCO-listed twin Pitons. Reaching heights of about 2,500 feet, the voluptuous volcanic spires complement the island's other attractions, including verdant jungles, sparkling silver-sand beaches, haunting sugar-estate ruins, and a mineral-rich natural mud bath. Meanwhile, the island's most famous resort, Jade Mountain, is an architectural gem in its own right.
This quiet island is waking up. Luxe boutique Zemi Beach House recently opened with classic details and a laid-back vibe that call to the local natural beauty of Shoal Bay East beach. On Merrywing Bay next to sister property CuisinArt Golf Resort & Spa, The Reef by CuisinArt recently unveiled 80 new suites. Here, farm-to-table fare means local fish and fresh produce from the on-site Hydroponic Farm. The Four Seasons Resort and Residences Anguilla took over the former Viceroy Anguilla with villas that overlook white-sand beaches and the rugged coral coastline.
The first French airline was Société des lignes Latécoère, later known as Aéropostale, which started its first service in late 1918 to Spain. The Société Générale des Transports Aériens was created in late 1919, by the Farman brothers and the Farman F.60 Goliath plane flew scheduled services from Toussus-le-Noble to Kenley, near Croydon, England. Another early French airline was the Compagnie des Messageries Aériennes, established in 1919 by Louis-Charles Breguet, offering a mail and freight service between Le Bourget Airport, Paris and Lesquin Airport, Lille.[10]
You know those pictures you always see of tropical bungalows in the water? That's Tahiti. The name has long been synonymous with tropical paradise. One of the biggest honeymoon destinations in the world, Tahiti offers pure paradise and a lot of romance. Here you can relax in the sun, scuba dive, enjoy fine seafood, and take a morning dip right from your bungalow.
The first German airline to use heavier than air aircraft was Deutsche Luft-Reederei established in 1917 which started operating in February 1919. In its first year, the D.L.R. operated regularly scheduled flights on routes with a combined length of nearly 1000 miles. By 1921 the D.L.R. network was more than 3000 km (1865 miles) long, and included destinations in the Netherlands, Scandinavia and the Baltic Republics. Another important German airline was Junkers Luftverkehr, which began operations in 1921. It was a division of the aircraft manufacturer Junkers, which became a separate company in 1924. It operated joint-venture airlines in Austria, Denmark, Estonia, Finland, Hungary, Latvia, Norway, Poland, Sweden and Switzerland.

redpajama_set_name: RedPajamaCommonCrawl


text:
require 'zermelo/records/redis_record'

require 'flapjack/data/validators/id_validator'

require 'flapjack/data/check'
require 'flapjack/data/rule'

require 'flapjack/gateways/jsonapi/data/associations'

module Flapjack
  module Data
    class Tag

      include Zermelo::Records::RedisRecord
      include ActiveModel::Serializers::JSON
      self.include_root_in_json = false
      include Flapjack::Gateways::JSONAPI::Data::Associations
      include Swagger::Blocks

      define_attributes :name => :string

      has_and_belongs_to_many :checks,
        :class_name => 'Flapjack::Data::Check', :inverse_of => :tags,
        :after_add => :changed_checks, :after_remove => :changed_checks,
        :related_class_names => ['Flapjack::Data::Rule', 'Flapjack::Data::Route']

      def changed_checks(*cs)
        cs.each {|check| check.recalculate_routes }
      end

      has_and_belongs_to_many :rules,
        :class_name => 'Flapjack::Data::Rule', :inverse_of => :tags,
        :after_add => :changed_rules, :after_remove => :changed_rules,
        :related_class_names => ['Flapjack::Data::Check', 'Flapjack::Data::Route']

      def changed_rules(*rs)
        rs.each {|rule| rule.recalculate_routes }
      end

      unique_index_by :name

      # can't use before_validation, as the id's autogenerated by then
      alias_method :original_save, :save
      def save
        self.id = self.name if self.id.nil?
        original_save
      end

      # name must == id
      validates :name, :presence => true,
        :inclusion => { :in => proc {|t| [t.id] }},
        :format => /\A[a-z0-9\-_\.\|]+\z/i

      before_update :update_allowed?
      def update_allowed?
        !self.changed.include?('name')
      end

      def self.jsonapi_type
        self.name.demodulize.underscore
      end

      swagger_schema :Tag do
        key :required, [:id, :type, :name]
        property :id do
          key :type, :string
        end
        property :type do
          key :type, :string
          key :enum, [Flapjack::Data::Tag.jsonapi_type.downcase]
        end
        property :name do
          key :type, :string
        end
        property :links do
          key :"$ref", :TagLinks
        end
      end

      swagger_schema :TagLinks do
        key :required, [:self, :checks, :rules]
        property :self do
          key :type, :string
          key :format, :url
        end
        property :checks do
          key :type, :string
          key :format, :url
        end
        property :rules do
          key :type, :string
          key :format, :url
        end
      end

      swagger_schema :TagCreate do
        key :required, [:type, :name]
        property :type do
          key :type, :string
          key :enum, [Flapjack::Data::Tag.jsonapi_type.downcase]
        end
        property :name do
          key :type, :string
        end
        property :links do
          key :"$ref", :TagChangeLinks
        end
      end

      swagger_schema :TagUpdate do
        key :required, [:id, :type]
        property :id do
          key :type, :string
          key :format, :uuid
        end
        property :type do
          key :type, :string
          key :enum, [Flapjack::Data::Tag.jsonapi_type.downcase]
        end
        property :links do
          key :"$ref", :TagChangeLinks
        end
      end

      swagger_schema :TagChangeLinks do
        property :checks do
          key :"$ref", :jsonapi_ChecksLinkage
        end
        property :rules do
          key :"$ref", :jsonapi_RulesLinkage
        end
      end

      def self.jsonapi_id
        :name
      end

      def self.jsonapi_attributes
        [:name]
      end

      def self.jsonapi_search_string_attributes
        [:name]
      end

      def self.jsonapi_singular_associations
        []
      end

      def self.jsonapi_multiple_associations
        [:checks, :rules]
      end
    end
  end
end

redpajama_set_name: RedPajamaGithub


text:
The Wonderful World of The Osmond Brothers
Studio album by
the Osmonds
Pop, bubblegum pop
CBS / Sony
The Osmonds chronology
The New Sound of The Osmond Brothers
(1965) The Wonderful World of The Osmond Brothers
(1968) Hello! The Osmond Brothers
Singles from The Wonderful World of The Osmond Brothers
"I've Got Lovin' on My Mind"
Released: October 1968
"Clouds (Both Sides Now)"
Released: January 1969
"Groove with What You've Got"
Released: February 1969
"Make the Music Flow"
Released: August 1969
The Wonderful World of The Osmond Brothers is the debut album released by the Osmonds in 1968.[1] Four singles were released from the album: "I've Got Lovin' on My Mind", "Clouds" (a cover version of "Both Sides, Now"), "Groove with What You've Got", and "Make the Music Flow".[2]
"I've Got Lovin' on My Mind" S. Schlaks, C. Weiss 2:27
"Mollie "A"" A.C. Bernard, S. A. Saltman 2:34
"Make the Music Flow" Tony Powers, Bill Cowsill, Bob Cowsill 2:35
"Clouds (Both Sides Now)" Joni Mitchell 2:20
"Mary Elizabeth" A. Gordon, G. Bonner 2:20
"Speak Like a Child" Tim Hardin 2:48
"Taking a Chance on Love" Vernon Duke, John La Touche, Ted Fetter 2:40
"Groove with What You've Got" P. Vegas, B. Burns 2:22
"Good News" Addrisi Brothers 2:37
"Beauty and the Sweet Talk" Bob Stone 2:46
"Takin' on a Big Thing" Alan Osmond, Wayne Osmond, Merrill Osmond, Jay Osmond 6:12
Japanese Albums (Oricon)[3] 58
^ Wonderful World of The Osmonds
^ Osmonds 1968 Timeline
^ Oricon Album Chart Book: Complete Edition 1970-2005. Roppongi, Tokyo: Oricon Entertainment. 2006. ISBN 4-87131-077-9.
Merrill Osmond
Jay Osmond
Alan Osmond
Wayne Osmond
Jimmy Osmond
Hello! The Osmond Brothers
Crazy Horses
Love Me for a Reason
The Proud One
Osmond Christmas Album
The Osmonds Live
Osmondmania!
"Mister Sandman"
"Ovan Regnbagen"
"Taking a Chance on Love"
"One Bad Apple"
"Yo-Yo"
"Down by the Lazy River"
"Hold Her Tight"
"We Can Make it Together"
"Crazy Horses"
"Goin' Home"
"Let Me In"
"Love Me for a Reason"
"I Can't Stop"
"Having a Party"
"The Proud One"
"I'm Still Gonna Need You"
"I Can't Live a Dream"
"I Think About Your Lovin'"
"Never Ending Song of Love"
"Anytime"
The Osmonds discography
Donny and Marie Osmond discography
Donny Osmond discography
Marie Osmond discography
Goin' Coconuts
Side by Side: The True Story of the Osmond Family
Inside the Osmonds
The Osmonds (1972)
Donny & Marie (1976)
George V. Osmond Sr. (father)
Olive Osmond (mother)
Tom Osmond (brother)
George Osmond (politician) (great-grandfather)
The Osmonds (stage musical)
The Osmonds albums


text:
MRC TechWatch
Norah O'Donnell Ilhan Omar Debates Trump Coverage Studies
New Season of The Crown Blasts 'Scheming' 'Conniving' 'Jerk' JFK
By Scott Whitlock | December 9, 2017 2:30 PM EST
Aging liberal fans of "Camelot" won't be happy with the portrayal of John F. Kennedy in the new season of Netflix's The Crown. Various reviews reveal that the liberal icon will be portrayed as a "functional addict," "a jealous jerk" and a "scheming conniver." Yet, the Washington Post on Friday glossed over this negative portrayal, minimizing it.
Math, History and Tax Reform
By Cal Thomas | October 3, 2017 2:14 PM EDT
In school, I liked math the least and history the most. Both can be useful in the coming debate over President Trump's proposed tax reforms. The one thing I learned in math class is that if the formula is wrong, the answer will be wrong. In history class, I learned we are not the first people to occupy the planet and that the experiences of those who came before us can be helpful when considering contemporary issues.
VIDEO NBC Worries Trump Will Cover Up JFK Assassination Files
By Kyle Drennen | September 29, 2017 4:43 PM EDT
In a bizarre story for NBC's Today on Friday, correspondent Peter Alexander preemptively attacked President Trump for possibly blocking the release of classified government files related to the assassination of President John F. Kennedy, even though the reporter acknowledged that "no decision's been made" by the administration regarding the obscure bureaucratic matter.
NY Times Uses Obscure Story from Harvard to Show Inspirational JFK Some Love
By Clay Waters | May 13, 2017 9:39 AM EDT
Friday's New York Times featured an obscure bit of history of interest to liberal Kennedy devotees, including perhaps Times reporter Matthew Haag, who used the hook to hang up some seriously starry-eyed hagiography in his news story, "Sounds of a Young Kennedy In a Harvard Classroom."
VIDEO Chris Matthews: 'Rooting' for Trump to 'Get It Together,' 'Used to Think' Polls Were Honest
By Tom Blumer | May 8, 2017 3:50 PM EDT
In a two-minute video posted at PJ Media on Sunday, MSNBC's Chris Matthews stated that he wants Donald Trump to succeed, and that he "used to think" that presidential preference polls were honest, but "they were wrong." This is pretty odd coming a guy who, as seen in several recent NewsBusters posts, has frequently compared the Trump family to the Romanovs, and who has seemed to encourage people at the IRS to leak Trump's prior-year tax returns, saying that doing so would be "a good leak."
VIDEO 'American Eloquence'; MSNBC Panel Goes Gaga Over Obama Receiving JFK Award
By Curtis Houck | May 8, 2017 12:45 PM EDT
On Sunday night, the thrill inside of MSNBC's Chris Matthews was alive and well for Barack Obama as he anchored a two-hour special swooning over the "American eloquence" of the President as he received the Profile in Courage Award from the John F. Kennedy Presidential Library.
VIDEO Brokaw Offers Gushing Tribute to Kennedys Ahead of JFK's 100th Birthday
By Kyle Drennen | May 3, 2017 3:49 PM EDT
In a piece of fawning propaganda for Wednesday's NBC Today, special correspondent and former NBC Nightly News anchor Tom Brokaw made it clear that the network would be covering the liberal legend rather that the hard reality of John F. Kennedy's legacy to mark the 100th anniversary of the late President's birth.
VIDEO Matthews: All Trump Does Is 'B**ch, B**ch,' While Obama Was Fine Since He 'Inherited Crapola'
By Curtis Houck | April 18, 2017 9:35 PM EDT
MSNBC's Hardball host Chris Matthews is notorious for saying stupid things, but salty language is not usually associated with him. While trashing President Trump and his criticism of President Obama, Matthews whined to his panelists that all Trump does is "bitch, bitch."
FDR and Trump: From Radio to Twitter
By Jeffrey Lord | April 2, 2017 4:28 PM EDT
Over at Reason, University of Alabama professor of history David T. Beito has written a fascinating look at "Roosevelt's War Against the Press." The telling subtitle? "FDR Had His Own Breitbart, and Radio Was His Twitter." Well, yes. Exactly. I have been writing for sometime that not only is the FDR and radio comparison to Trump and Twitter eerily analogous, but that two other presidents made superb use of the new technology of their day: Abraham Lincoln and the telegraph and John F. Kennedy and the live televised presidential press conference.
What Has Gotten Into the Democrats?
By R. Emmett Tyrrell Jr. | March 10, 2017 11:44 AM EST
WASHINGTON — The average American is understandably perplexed as to why Senate Minority Leader Charles Schumer, House Minority Leader Nancy Pelosi and, of course, the runner up in last year's Democrat primaries, Sen. Bernie Saunders, are so lathered up over the Republicans' recent overtures to the Russians. They are calling for the impeachment of Attorney General Jeff Sessions.
Rhetoric and Reality
By Cal Thomas | January 24, 2017 2:49 PM EST
President Donald Trump's inaugural address may not have risen to the rhetorical level of John F. Kennedy ("The torch has been passed to a new generation of Americans" and "Ask not what your country can do for you, ask what you can do for your country"), or Ronald Reagan's critique of government ("Government is not the solution to our problem; government is the problem"), or even Barack Obama's in 2009 ("On this day, we gather because we have chosen hope over fear, unity of purpose over conflict and discord"), but the speech set out large goals, many details of which are yet to be revealed.
Will Trump End the Media's White House Daily Briefing?
By Jeffrey Lord | January 14, 2017 4:40 PM EST
Is it hasta la vista, baby, for the venerable White House daily briefing for the media? Way back there in 1955 James Hagerty, the press secretary for President Dwight Eisenhower, came to the conclusion that admitting television cameras to presidential press conferences Ike held in the Indian Treaty Room of the next-door to the White House Old Executive Office Building (now named for Eisenhower) was the future.
Norah at Night: Incoming CBS Evening News Anchor's Most Lib Moments
NBC, CBS Ignore Antifa's Attempt to Burn Down Migrant Detention Center
Deutsch Wants Hot Talk of 'Fascist' Trump, Makes a Claim That's an LOL
Bozell & Graham Column: Colbert Cartoon Crumbles Truth
CBS Somehow DOESN'T Call Tom Steyer Progressive or Liberal
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© 2005-2019, Media Research Center. All Rights Reserved.


text:
Shure Pro Audio Roundtable: Continued Creativity And Innovation Will Drive 2021 Music Business
CHICAGO, Jan. 26, 2021¾The professional audio industry spent much of last year pivoting and adapting to the current state of live events. From live-stream concerts to pre-taped performances in artists' bedrooms, the entire industry was forced to adjust to a new way of working.
To bring the industry together, Shure gathered an all-star panel of guests to offer their own perspective on how the current situation has impacted their professional lives and day-to-day reality. The 90-minute roundtable chat offered unique viewpoints from bands, venues, music labels, and more, including Julie Weir (Sony Records UK, Music for Nations), Adam Thurston (Audiotree, Lincoln Hall, Schubas in Chicago), Glen Rowe (KYOTO Music, Muse), Taylor Goldsmith and Griffin Goldsmith (Dawes), Greg Morrow (Session Drummer), and John Harris (Mixing Engineer).
Moderated by Peter James, Vice President of Global Professional Audio Sales at Shure, the discussion touched upon the positives of 2020 and the steps the industry needs to take to re-open again.
A Pro Audio Renaissance
Regardless of profession, all panelists agreed that there's been a rebirth of creativity. From writing sessions over Zoom to recording new music to developing platforms to consume the content, the industry has never been more creative.
"People are really desperate for new music," said Julie Weir of Sony Records. "We had a top ten record in the UK with a heavy metal band because we did an interesting campaign that was all digital and people engaged with. It has taken longer to do smaller things, but I've never been more creative because you talk to more people now and there is more collaboration coming through because artists are open to thinking outside the box."
While live events with large audiences may have slowed down, the creativity hasn't stopped.
"Around May and June, studio work picked up a bit," noted Griffin Goldsmith of Dawes. "Then it was really busy. Everyone is making records because we can't tour right now, and people are finding ways to be creative. It's definitely inspired some pretty awesome music."
The shutdown of live events gave many industry professionals a much-needed break from constant touring or moving from job to job. It gave people time to take a moment to breathe and re-evaluate their goals.
"You don't want to be complacent and you don't want to be lazy," commented Greg Morrow, a Session Drummer. "I've reestablished relationships that I had with people many years ago who I haven't connected with in a long time. These relationships have come around again because people understand you can work from home."
One thing is for certain: technology enabled everyone to get creative. In the beginning, manufacturers couldn't keep audio products in stock long enough for people to outfit their home studios. Technology enabled anyone to collaborate musically from remote locations.
"Artists don't want to come to the studio in-person," said John Harris, a Mixing Engineer. "In some cases, studio engineers have sent remote facilities to the artists so when they put on headphones, they can speak with the studio engineers as if they are right there and are able to carry on their craft. If we can establish a good way to do live TV and music performances remotely, are companies going to want to pay to fly out 25 people for one performance?"
Hybrid Shows May Be Part Of The Near Future
Live events will not look the same when venues are cleared to open. The crew responsible for helping concerts run smoothly might have already found new jobs in different industries, which is a concern to many.
"The big worry is not just live events in general but the live ecosystem and the people who work in the live events: the tour managers and tour bus companies," noted Weir. "There is maybe 20 percent of people left in the industry because people had to get other jobs. There is not going to be enough people to go around. When we get back into it, a minimum crew is what our issue is going to be."
There will likely be an audience capacity limit at live shows. Coupled with people out of work, industry professionals need to come together and create an economy around a new way of working. A hybrid of live shows also streamed online could be an interim solution.
"Nothing is ever going to replace being at a show," remarked Adam Thurston of Audio Tree. "Live streaming will not replace that, but it will introduce more music to people. Most people don't live within a hundred or two hundred miles of a music venue, so having a way to present good-quality content for people to watch in the comfort of their own home will have a lot of people interested now and in the future."
In some countries this has already happened. Major concerts have been broadcast to people in cinema where they can still experience high-quality audio. This interim period enables record labels, management companies, and bands an opportunity to think of new ways to offer exclusive content to loyal fans.
"The music business will come back better than ever," noted Thurston. "Everyone will want to get back. There will be new ways of innovation, other ways to consume music, and additional revenue streams. The traditional touring business will evolve and there will be more music out to more people."
As we embark on 2021, there will be a continuous demand for unique music content across different platforms as the industry begins to transition back to live events. Together, the pro audio community will prevail. For more insightful and uplifting anecdotes from the panel discussion, click here to watch a recorded version of Sounding Board.


Re: Questions and comments about plant safety for rabbits.
BunnyAuntie wrote: Can any one tell me if it's safe to feed ferns? I have lots of different types, so I was wondering if they are ALL safe, not safe or if i need to pick and choose?
I don't know off-hand if any ferns are safe to feed to rabbits, but they are a huge family of plants and I think you would need to research each species individually by scientific nameto determine safety. Don't rely on the common names you know them by . . . those names are often regional and can result in mistakes that could be fatal to your rabbits.
Ok thank you! I just thought I'd see if anyone had already done the research Once they start growing I'll check each one out!
Braken Fern is not good for cattle or sheep. I wouldn't feed it.
It's taken me a while to identify things since everything was so late this year, but it seems most of my early weeds are NOT safe for rabbits. So I'd like to double check some trees that I think are safe. I know apple and sugar maple are ok, what about American Beech? Are all willows safe? All parts of the willow, even seeds? Are all Elms? I haven't yet been able to narrow it down to the exact species but I think I can if I have to.
alforddm- That's really interesting! That's the only fern I've seen the wild rabbits eating! Maybe that's why I haven't seen any wild rabbits this year!
Sometimes you get plants that are safe for one species and not others (such as Avocado). If you've seen wild rabbits eating it, it could be rabbit safe or maybe they were using it to self medicate. Unless it's really common forage items it is sometimes hard to find information specific to rabbits so in general it's safest to avoid anything that causes problems with other species. I would be very hesitant to feed it.
All willows are safe and I'm pretty sure all Elms are safe. Mulberry and American Sycamore are safe and I believe Sweetgum is safe. I've fed the sweetgum and they really like it. I've never had a problem although it's not something they get everyday. If you have any Persian Silk Trees aka Mimosa (Albizia julibrissin) the leaves, bark, and flowers are safe and very high quality forage, but there are reports of a neurotoxin in the seeds themselves so just don't feed the seed pods.
What kind of early weeds do you have? We can probably help you sort through what you can feed.
Yeah, I'm really curious about what unsafe weeds you're seeing. We're filling our buckets pretty fast now--all those dandelions and now the plantain and clover and wild carrot (Queen Anne's Lace) are coming along to take the place of the docks which we feed early but not later in the season. Pretty much anything you'll find on somebody's unsafe list, but I hope you'll find things you can identify and feed with a little help.
Willows are great. Our rabbits really like them--we have 7 different kinds and some they like more than others. We feed it year round, dried when it's no longer available fresh.
I do have grass and dandelion which he loves. As for unsafe ones, I have a lot of ground ivy (Glechoma hederacea), common golden alexanders (zizia aurea), wood sorel (oxalis montana), small pussytoes (antennaria howellii), mayflower (lysimachia borealis), and partridge-berry(mitchella repens). I also have many different types (6-8?)of ferns, plus some things I have yet to identify. I'm more forest than field.... most of these I could find no info on, safe/unsafe wise so I assume it would be better not to feed them.
RaineyI don't think I have dock... and it will be another month or so before I see anything like Queen Anne's Lace or clover. To give you an idea my Lilacs have only just started to open, there should be more option when it warms up.
alforddmI don't have any Mulberry, Sycamore, Sweet Gum or Mimosa. I have Sugar, Red and Striped Maple, Yellow Birch, Beech, Elm, Willow, Black Cherry, Oak and Hemlock. I'm really interested in knowing if the Beech is safe, I have a lot of those.
I know sugar and red maple are safe. I'm not sure about the stripped. Beech is listed on at least one toxic list for rabbits so it would probably be better to avoid those. Do you have poplar?
Wood sorrel can be fed in moderation.
No poplar... are there any garden greens I could try growing to add into the mix?
We feed our rabbits tops of radishes and turnips and carrots. Also feed quite a bit of kale--it has such a long season and the rabbits like it. We also cut from our cover crops in the garden--clovers and oats and buckwheat--for rabbit feed. Hope that helps. How many rabbits are you trying to feed? Any that aren't still growing or nursing young don't need a lot to eat or they'll get fat.
Sorry Rainey only the one rabbit... the vet my niece took him to (it's her rabbit) wanted us to cut back on his pellets and give him more greens and hay. He doesn't seem crazy about hay, since he's never had it before.
I am sure it has been mentioned numerous times--- but, - start out with little bits of greens, or anything new... increasing it little by little until you are feeding the amount you want them to have.
Wilted is only bad because it indicates the forage isn't fresh. Anything that isn't fresh, has a high moisture content, and is in a warm location can grow mold which can be deadly to rabbits. If your's has been in the fridge and relatively fresh it should be fine. You might even try freezing some of them next time if you have the freezer space. I've had good success with freezing certain herbs for tea and I've fed, I think it was frozen plantain (the herb not the fruit).
We feed a lot of fresh forage. When it is really wet and we can't gather it dry, we gather what we need for that day and spread it out in racks where it dries a bit before feeding. We also dry feed for winter--lots of willow and some brambles (blackberry, raspberry etc), stinging nettle, and smaller bits of other things. I would suggest this rather than refrigerating or freezing unless it's really humid and it would mold before drying. I just harvested and dried mint and lemon balm for tea (for us, not the rabbits) next winter. And that reminded me that when you were asking before about what you could feed, herbs are good. We end up putting dill, borage, oregano, and parsley into the collecting buckets for daily fresh feeding. Sage and mint can be fed but shouldn't be given to nursing does. Hope that helps a little.


I belong to that age group, which did not have access to the Internet during my growing up years. I remember going for vacations during Summers with my family. Whether it is a short trip or a long-haul flight, here are some tried and tested back pain travel tips. If you are moving, travelling or studying abroad for more than six months, Vhi International gives you worldwide health insurance. Each airline will have their own restrictions and rules, always check with them to make certain that you have met the criteria.
I admit it – I'm in love with our little 13-ft vintage Shasta Travel Trailer. It's the warm cozy adorable playhouse I dreamed about as a little girl. A vaccination card showing the pet's vaccination for rabies, canine distemper, infectious hepatitis, leptsopirosis, canine parvovirus, or feline panleucopenia and proof that the animal was treated for internal and external parasites.
There is no reason whatsoever why you can't start to think about taking a holiday even with an ostomy. There are a number of ways to approach this but the best may be by first taking short trips not too far from your locality. Make new RV curtains. These carpet-like fuzzy blue curtains are just dowdy and give my emotional age a three decade boost – in the wrong direction. This is a great place to bring in some style and character. I want something long-wearing stylistically because with eight window treatments & a divider curtain, this will be a lot of work and a major expense. Choose wisely!
This is only the tip of the iceberg when it comes to teardrops and vintage trailers. While St Tropez is a great little town in which to take a wander, it's always a good idea to stay somewhere that's a little removed from the crowds. Last September, I spent a couple of nights in Villa Marie, a gorgeous boutique hotel just a few minutes drive from St Tropez itself.
When deciding what to pay for a used camper van, you'll need to do your research and visit the various places people use to sell an RV. There are many classified RV listing sales sites you can check both locally and online. I always like to start with a quick check on eBay. You can get a sense of the conversion van models, features and price ranges.
Most airlines have a number of seats reserved for check-in only. So get to the airport early and you may even get a bulkhead or exit row seats (with more legroom). However, some airlines, especially in Europe, might not be able to book you seats in advance, only at check-in. So arrive early to the airport.
I've worked hard to cram a 4-year college degree into five and a half. It wasn't easy—it required backpacking Europe , going on several mission trips to South America and Asia, studying for a semester in Australia, and volunteering as a high school teacher for a year in the Marshall Islands. I've surfed with Aussies, run from sharks with Israelis, paddled dug-out canoes with locals on the Amazon River, been drugged and mugged by an old Italian man, and was a guest of honor at a wedding in India. Also considering its size, and the size of most airplane toilets, it would probably be more efficient to change the baby on a spare airplane seat. Good if you have a separate place for your little one or are traveling with a partner.) or just grab what you need and change the baby in the bathroom.
Trivia: After entering Thunder Plains, turn back and go to Farplane to see secret cutscenes with Lulu, 'aka's brother Wantz, and a Crusader family. Return again after Zanarkand and Cavern of Stolen Fayth for two more short secret cutscenes with Tromell and Jyscal, Lulu and Ginnem.


The new BayState Archery Training Center will shortly be offering (watch for the announcement) a program designed for those archers who desire to train and perform at a highly competitive level.
The HPT program works on the entire archer – body, mind and soul, and incorporates proven biomechanical principles.
HPT is a 90-day intensive training program that includes unlimited use of the range for practice, mental imagery training, stress conditioning, plenty of coaching, shooting and performance monitoring with our lead coach, Anthony.
Each athlete will start by being asked to shoot 150 arrows every other day and you will end the program shooting 300+ arrows per day.
Every participant should be prepared to eventually budget 3 to 4 hours each day to work this program.
Caution – This program is not for the "light of heart" or the uncommitted athlete. You will be required to do something toward your training each and every day. A release and waver is required to start the program as well as a doctor's note for athletes under the age of 18.
The program fee is $1,200, payable half at the start of the program and the balance in 30 days. No refunds once we begin. Athletes who desire more individual coaching or strength training may add these to their program at an extra fee. Each archer MUST have their own equipment that meets our professional standards for training or you will be asked to add to or upgrade your equipment prior to starting.
Team Elite members that complete the training may wear the HPT designation on their team apparel.
Temporarily Closed - Re-opening soon!
Visit our range for Open Shooting (space available/first come first serve), Classes, or our Pro Shop. It can be tough to find us the first time, so please read our Directions.


The CDS107 is a microprocessor based multi-purpose meter. The meter can be used as a benchtop or handheld meter to measure pH, ORP, conductivity, total dissolved solids, salt and temperature. Features include automatic temperature and altitude compensation with the ability to manually adjust the salinity compensation. Additionally the meter has auto shut-off to save battery life, a minimum/maximum function and data storage.
NOTA: Comes complete with 9V batteries, AC adaptor, conductivity probe, pH probe, temperature probe, cal solutions, neck strap, carrying case and operator's manual. ORP probes sold separately.


Ky∆zMa [kahy-az-muh]: a meeting place of dualities; a crossing.
William Moon and Christina Enigma are Ky∆zMa; an adventurous audio bridge between a new generation of electronic music and DJ culture, and the familiarity and soulfulness of live bands and acoustic folk. With carefully arranged vocal harmonies, acoustic instrumentation, electronic beats, and an ever-evolving system of digital control, Ky∆zMa is a true intertwining of the organic and the electronic. Inspired by the growing popularity of sound-system culture and bass music, the duo continues to develop their unique musical voice, which is equally old and new, acoustic and electronic, digital and human, performing in cities and underground electronic music festivals across North America.


Graduation Partnership:the Wichita State University Open Pathway Quality Initiative reports to the Higher Learning Commission. 2013-2016.
Wichita State University's Quality Initiative project was centered on its Graduation Partnership (GP), a strategy involving faculty, staff and students to improve overall student success. The Partnership aimed to enhance the student experience in all its forms by providing initiatives to improve academic performance, retention and graduation rates, and being satisfied with the WSU experience. The primary GP goals aimed at increasing the retention rate of IPEDS-based first- year, full‐time freshmen by 10% and increasing the six‐year graduation rate of IPEDS-based first‐time, full‐time freshmen by 10% (see dashboard for an overall summary of initiatives and results, page 10). A secondary goal was to develop metrics to measure graduation rates for transfer students and then increase those rates by 10%. Accomplishments and changes made to the initiative were continuously evaluated.
The Wichita State University Quality Initiative progress reports submitted to the Higher Learning Commission annually 2013-2015 and the final report submitted in 2016.


LAMPART started in 1953 its production of prestigious lighting fixtures all made of casting brass.
LAMPART directly takes care of the stylistic and mechanical part of each model, turning every details into a unique mould, in this way we are able to give all our customers a 100% LAMPART and 100% made in Italy product.
Objects of class that do not follow the dictates of fashion and design, while delivering their Classical, everlasting detailed custom finishes lines.
LAMPART is remained faithful to its classic style only granting a few times some calm steps towards a contemporary style.
In 2004, LAMPART renewed its structure and its product continues to be distributed all over the world through LAMPART SYSTEM, faithful to lines and philosophy that has generated over the years an audience of admirers in constant expansion.
The LAMPART light furnishes with class some of the most prestigious residences around the world, some area of Buckingham Palace, Landmark Hotel in London, the Pope's study in Vatican City, and the Senate of the Republic inRome, are just a few examples.


text:
Q: How to install Rundeck in Ubuntu I install Rundeck following this.I install it by .jar ,.deb or .war but it all failed.I have installed java8.

A: Install rundeck by launcher This document is more detailed.After install it,you should modify something. Use your server ip replace localhost or you may go to http://ubuntu:4440/menu/home after login admin.

*

*$RDECK_HOME/etc/framework.properties
framework.server.url

*$RDECK_HOME/etc/preferences.properties
framework.server.url

*$RDECK_HOME/server/config/rundeck-config.properties
rundeck-config.properties

redpajama_set_name: RedPajamaStackExchange


text:
This week around the world: Sept. 26–Oct. 2
Postedby Arlen Cornejo
Sept. 26, 2016 Columbia
Voters rejected historic peace deal put forward by the Revolutionary Armed Forces of Colombia and the Colombian government, which would have put an end to the 52-year civil war. If the deal passes, voters will expect tougher sanctions against FARC members, assurance they will integrate into Colombian society, and equal consequences under the law.
Sept. 30, 2016 Israel
World leaders gathered to pay respects to Israeli ex-President Shimon Peres on Friday morning. The audience included President Barack Obama and Palestinian Authority President Mahmoud Abbas. Peres was a longtime advocate of a two-state Israeli-Palestinian solution and will be remembered for his enduring quest to find peaceful solutions for the two nations.
Oct. 2, 2016 France
Kim Kardashian was robbed of jewelry worth nearly $9 million at gunpoint by two men dressed as police officers. French authorities are investigating the incident.
Oct. 2, 2016 Philippines
Philippine President Rodrigo Duterte apologized on Sunday after a speech on Sept. 30 compared his war on drugs to Hitler's Holocaust, remarking, "Hitler massacred three million Jews…there's three million drug addicts. There are. I'd be happy to slaughter them."
CPSO searching for PSU student suspected of sexual assault
We get by with a little help…
Brazil's Collapsed Dam Creates Controversy
Postedby Sabrina Achcar-Winkels
Can Chinese consumerism save the world? A talk by Karl Gerth
Postedby Chris May
South Korean controversy over new history textbooks
Postedby Yuni Choi


text:
ACCEPTED

#### According to
Index Fungorum

#### Published in
Proc. Linn. Soc. London 153(1): 31 (1941)

#### Original name
Paranectria hemileiae Hansf.

### Remarks
null


text:
import pathlib
from typing import Dict, List

import pandas as pd

from isic_challenge_scoring import metrics
from isic_challenge_scoring.confusion import createBinaryConfusionMatrix, normalizeConfusionMatrix
from isic_challenge_scoring.scoreCommon import iterImagePairs

def score(truthPath: pathlib.Path, predictionPath: pathlib.Path) -> List[Dict]:
    confusionMatrics = pd.DataFrame([
        createBinaryConfusionMatrix(
            truthBinaryValues=truthImage > 128,
            predictionBinaryValues=predictionImage > 128,
            name=truthFileId
        )
        # TODO: truthFileId needs to include attribute
        for truthImage, predictionImage, truthFileId in
        iterImagePairs(truthPath, predictionPath)
    ])

    # Normalize all values, since image sizes vary
    normalizedConfusionMatrics = confusionMatrics.apply(
        normalizeConfusionMatrix,
        axis='columns'
    )

    sumConfusionMatrix = normalizedConfusionMatrics.sum(axis='index')

    # TODO: per-attribute metrics

    return [
        {
            'dataset': 'micro_average',
            'metrics': [
                {
                    'name': 'jaccard',
                    'value': metrics.binaryJaccard(sumConfusionMatrix)
                },
                {
                    'name': 'dice',
                    'value': metrics.binaryDice(sumConfusionMatrix)
                },
            ]
        }
    ]


believe housing exists to create a place where everyone feels they belong by challenging the assumptions of the past and present.
As one of the north east's largest housing associations, it is up to us to drive change while encouraging our customers to expect more. This will challenge us to achieve more, by being more ambitious, more vibrant and more inclusive.
If everyone expects more they can achieve more and we can transform lives together. It is this power of 'more' that will let people realise what is possible – change perceptions, raise aspirations and create inclusive, vibrant communities.


H.I.V.E. is partnering with some rocking groups (Forward Alabama, Greater Bham Democrats, MAD in Alabama, Shelby County Flip It Blue, Vestavia Democrats) to host Fun(d)raisers for our great candidates this Spring!
First up, is the fabulous Felicia Stewart for AL House District 46 on Wednesday, February 28, 2018 from 5:30-7:30 p.m. at the Clubhouse on Highland (2908 Highland Ave S). There's no cost to attend and we hope you will join us and be inspired by Felicia's vision for our great state. Click here for more information.


Need your help figuring out what the problem is. I'm not a DBA so I will explain it to the best of my ability. Everything is set up, phpmyfaq 2.7.9 downloaded, webserver, url has been created. But then, when we try to access the link, somewhere the link is broken. I was told that the problem is in the reverse proxy wherein the information from the backend server is lost in between the process. The site always goes back to the host. Does anyone have any idea what it is and how to fix it?
Thanks for any information that you may provide.
It doesn't help. Changed the URL, cleared cache and restarted. It's the same.
then please explain what is broken exactly.
I'll try to explain it as how I understood it from our network administrator.
Failed to resolve the name of server kbphpfaq-dev.int" because it is pointing to the localhost.
So, it looks like communication is broken or information coming from the backend server is not being sent/received?
I hope I'm able to explain the situation clearly.
I did change the URL link for verfication to http://ourdomain.int/dev/kbphpfaq. After I changed it, I saved and log-out. Then I cleared the cache and reopen a new browser. When I went to http://ourdomain.int/dev/kbphpfaq, it's the same thing. Frontpage in a tree format, no stylesheet and can't access anything.
Any other ideas or am I doing something wrong?
Is there any extra work that the network administrator has to do to set it up properly? Or maybe someone else in the forum had the same experience and was able to solve it?
I had one user and they had the same issue. We fixed some things in 2.7.1 and 2.7.2 for solving this.
Did that user do anything extra on their side or is it more a fix on the phpMyFAQ?
no, it works out of the box like I described.
Thanks Thorsten. I sent you a pm.


text:
Stratford-on-Avon Golf Club
Samuel Ryder
Trophy Presentation Night 6th October 2018
Pro & Team
Society Packages
Captains Away Day Packages
Playing at Stratford
Feedback Comments
Near Miss Reporting
Course Guide & fly overs
Greens reports
Greens team
Join Stratford
Pro and Team
Our professional Julian Dodsworth has a well earned reputation for his advice on all things golf, from equipment to coaching and along with his assistants Fred Jewsbury and Matt Brookes a warm welcome to the club is guaranteed.
The shop is well known for its excellent selection of the latest products and a FREE custom fitting service. Julian organises special fitting days throughout the year, run by the leading manufacturers, which supplements the day to day custom fitting service already available.
Ping, Taylormade and Titleist are available and any product on the market can be sourced quickly due to Julian's membership of the Foremost buying group, which not only gives great access to products but also keeps the price extremely competitive.
The latest golf balls are available with great care taken to ensure the correct ball for your game. These include Titleist, Srixon, Taylormade and Volvik.
In addition to hardware there is also a fine selection of clothing and shoes for both ladies and gentlemen. Brands such as Footjoy, UnderArmour, Calvin Klein, Green Lamb, Glenmuir, Proquip and Adidas are stocked and there is always a range of crested garments available.
The Proshop is located at the back of the clubhouse and you can find it by walking around the clubhouse as you leave the car park.
Lessons, buggy hire and trolley hire bookings are also booked through the shop.
Julian Dodsworth
Julian has been a golf professional since 1995, when he began his professional training with the Professional Golfers' Association.
After qualifying in 1998 he built up a very successful coaching business and in March 2008 he became the Club Professional.
In addition to his coaching status, he has become one of the leading suppliers of golf equipment in the Midlands, supplying both members and visitors with the highest quality merchandise, with the best advice, at the right price.
Notable achievements have come in the way of winning the 1998 Warwickshire assistants matchplay title and even more for Julian, the very proud achievement of getting his name on the honours board at Stratford on Avon golf club by winning the Gaydon Trophy (winter league), with then Captain Dave Sutton in 2011.
Julian enjoys partnering the captain, ladies captain, seniors captain and the president in pro challenges, a great way to support local charities and entertain the membership at the same time, in addition to the honour of playing with the Captain in some of the club matches.
Julian is a member of Foremost golf, a buying group which allows professionals like Julian the opportunity to compete with the Internet, both in terms of availability and price.
The weekly newsletters that Julian sends out are the perfect way to reach out to the members, with club news and latest offers included.
Fred Jewsbury
Fred has been a part of the team here at Stratford since 2013 and has recently completed his training to become a fully qualified PGA Professional. Prior to turning Professional he was a well established county player and competed at the highest amateur both in the UK and overseas. Fred has gained some great knowledge over this time and is now very competent at both club fitting and all aspects of coaching.
Through his good friend Andy Sullivan he has gained invaluable experience listening to the world's leading coaches on his visit to such events as The Ryder Cup and US Masters. Absorbing this knowledge has only helped his reputation as a sound coach. Examples of this are: Lady member Skye Furnace who has recently defend the club championship, Kieran Weatherhead reducing his handicap from 36 to 13 and well on his way to becoming a single figure golfer and finally the work he has done with Robert Copperthwaite. Rob and Fred started working together in 2014 with Rob playing to a respectable handicap of 5. Since then he has reduced his handicap to Plus 2 which is a massive achievement in itself. More impressively though is that Rob won two major Midland events on his way to topping the 2016 Order of Merit at the end of the season. In 2017 he hit new highs by winning his County Championship against a field of well renowned local amateurs
"Fred's down to earth, uncomplicated coaching style has helped me understand my swing through feel as opposed to strictly technical, something that makes me feel a lot more at ease and relaxed on the golf course under tournament conditions."
(quote from Rob Copperthwaite, 2017 Warwickshire amateur champion)
Below is an example of a big change Rob and Fred have made.
The image on the left shows a laid off position resulting in inconsistency, by improving the posture and general plane of swing Rob was able to control his club face throughout the swing resulting in a far more consistent game.
Fred teaches golfers of all ages and abilities and heads up our thriving Under 12 Junior Academy. He also competes in many of the regions Pro Am tournaments alongside members teams. Having had a taste of hosting tuitional golfing trips abroad, this is an area he feels he would like to focus on and offer our membership in the future.
Copyright © 2020. Stratford-on-Avon Golf Club. All Rights Reserved.


text:
Q: ActionBar desaparceu após atualizar o Android Studio Após atualização não aparece mais ActionBar em novos projetos.

AndroidManifest.xml:
 <?xml version="1.0" encoding="utf-8"?>
<manifest xmlns:android="http://schemas.android.com/apk/res/android"
    package="com.softwares.biel.noticiascombar">

    <application
        android:allowBackup="true"
        android:icon="@mipmap/ic_launcher"
        android:label="@string/app_name"
        android:roundIcon="@mipmap/ic_launcher_round"
        android:supportsRtl="true"
        android:theme="@style/AppTheme">
        <activity android:name=".MainActivity">
            <intent-filter>
                <action android:name="android.intent.action.MAIN" />

                <category android:name="android.intent.category.LAUNCHER" />
            </intent-filter>
        </activity>
    </application>

</manifest>

Activity_main.xml:
    <?xml version="1.0" encoding="utf-8"?>
<android.support.constraint.ConstraintLayout xmlns:android="http://schemas.android.com/apk/res/android"
    xmlns:app="http://schemas.android.com/apk/res-auto"
    xmlns:tools="http://schemas.android.com/tools"
    android:layout_width="match_parent"
    android:layout_height="match_parent"
    tools:context=".MainActivity"/>

MainActivity.java:
package com.softwares.biel.noticiascombar;

import android.support.v7.app.AppCompatActivity;
import android.os.Bundle;

public class MainActivity extends AppCompatActivity {

    @Override
    protected void onCreate(Bundle savedInstanceState) {
        super.onCreate(savedInstanceState);
        setContentView(R.layout.activity_main);
    }
}

A actionBar só não aparece no projeto, mas no emulador ela aparece!

A: Opa, tudo bem!?
Aqui também aconteceu isso, para ela voltar, basta vc clicar naquele olhinho que fica logo acima da view, em seguida marque a opção Show Layout Decorations.


"Thank You" letters are a wonderful tool in expressing gratitude and making other people feel great about themselves. For fundraisers, these thank you letters have the potential to carry a much more powerful role. As modern society has created a customer service culture where being polite is a basic level of service, there is a different level of etiquette required when dealing with people who are willing to donate towards your cause.
First impressions can make a huge impact on whether or not potential supporters deem your organization worthy of their time and donation, and when it comes to online marketing, small oversights can risk a huge loss. This is why many charitable organizations have learned to invest substantial resources to developing an impactful web presence.


text:
Footaction Debuts 'Uncover' Featuring Jonathan Mannion And Freddie Gibbs
15 Mar Footaction Debuts 'Uncover' Featuring Jonathan Mannion And Freddie Gibbs
Footaction teamed up with photographer Jonathan Mannion and recording artist Freddie Gibbs to debut a new content franchise, "UNCOVER Presented by Footaction." The conversation, hosted by radio personality Mando Fresko, focused on how lifestyle and culture intersect.
The pilot episode of UNCOVER was shot in front of a studio audience at Footaction's Capsule 213 in downtown Los Angeles. The content reveals the past, present and future of music, art and style, diving into the influence, inspiration and untold stories behind Jonathan Mannion's cover photos for famous hip-hop albums including Reasonable Doubt by JAY-Z, Flesh of My Flesh Blood of My Blood by DMX and The Documentary By The Game. Gibbs discusses, from a recording artist's perspective, how the artists featured in Mannion's work played a role in his own come-up as a musician.
"At Footaction, we know our customers are proud of their personal style and all that shapes it–from hip-hop culture to sports lifestyle," said Ken Side, vice president and general manager for Footaction. "Having the opportunity to bring together cultural leaders like Jonathan Mannion and Freddie Gibbs for 'UNCOVER' at our own Capsule 213 was really special."
In addition to featuring some of the top footwear and apparel from Nike, Jordan and adidas, the talent also flaunted Footaction's newest exclusive brand Be.Spoke, a men's lifestyle apparel line designed to encourage self-expression and style freedom. Be.Spoke joggers, T-shirts, sweatshirts and jackets are available now in all Footaction stores and online at footaction.com.
"I had a great time sharing the stories behind some of my most notable shots, from iconic albums to sports magazine covers," said Mannion. "I've been fortunate to work with artists and athletes that truly shape culture, and Footaction is responsive to the desires of those who embrace style, art and self-expression, so they were the perfect partner to tell the 'UNCOVER' story."
The full episode of UNCOVER Presented by Footaction is set to launch digitally on Footaction's YouTube channel and will broadcast on REVOLT TV on Monday, March 19 at 2 a.m. ET, 11 p.m. PT.
"My personal style is all about comfort. From the stage to the airport, I'm always comfortable in sweats and sneakers," said Gibbs. "Footaction has so many options to rock that are comfortable, stylish and allow people to really define their own personal style."
Footaction offers the latest footwear, apparel and accessories from Nike, Jordan, adidas, UGG, FILA, Vans, Champion, American Stitch, Wu Wear, DNM, Dope and more. For more information, visit Footaction.com and join the conversation on social using #FootactionUNCOVER.


text:
Q: How to serialize and deserialize HttpMessage or HttpContent in netty? I am using netty5. And, I am trying to read the http headers to get information from a http connection then just resend all the messages from that channel to another destination based on the header information. Is there  a way to serialize/deserialize HttpContent and HttpMessage into byte array? Or is there a better way to  do that?
Thanks,

A: if you want to get the headers of request, here is a example snippet taking from netty's source code:  HttpSnoopServerHandler.java
public class HttpSnoopServerHandler extends SimpleChannelInboundHandler<Object> {

    @Override
    protected void messageReceived(ChannelHandlerContext ctx, Object msg) {
        if (msg instanceof HttpRequest) {
            HttpRequest request = this.request = (HttpRequest) msg;
            HttpHeaders headers = request.headers();
            if (!headers.isEmpty()) {
                for (Map.Entry<String, String> h: headers) {
                    String key = h.getKey();
                    String value = h.getValue();
                    buf.append("HEADER: ").append(key).append(" = ").append(value).append("\r\n");
                }
                buf.append("\r\n");
                ...
            }
            ...
        }
    }
}


text:
MSGBC Oil, Gas & Power 2023
South Sudan Oil & Power 2023
Angola Oil & Gas 2023
U.S.-Africa Energy Forum 2021
Libya Energy & Economic Summit 2021
Home > News Articles > National oil company of Nigeria to go public
National oil company of Nigeria to go public
Image: Information Nigeria
The Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Dr. Maikanti Baru has announced that the corporation will be listing over 40 percent of its shares on the Nigerian Stock Exchange (NSE).
Making the announcement in his keynote speech at a conference held in Lagos, Nigeria on Friday, Dr. Baru said that the shares would be floated once the Petroleum Industry Governance Bill (PIGB) gets presidential assent.
Following a 17-year delay, the Petroleum Industry Governance Bill was passed in January 2018. The Bill aims to introduce reform into the sector, restore transparency and facilitate a thriving petroleum industry that will be beneficial to the economy of Nigeria. In doing this, Dr. Baru said the sector has to be more commercially driven.
Under the current law, the NNPC functions as both operator and regulator of the oil sector, under the governance of the Ministry of Petroleum Resources. This, among other issues, is believed to be a reason for decline in the performance of the sector. Although it is Africa's largest oil producer and a member of the Organization of Petroleum Exporting Countries (OPEC), Nigeria has seen a significant decline in oil production and exports in recent years, with the oil price drop exposing further issues in the management and operations of the country's oil industry, particularly in the NNPC itself.
This year, Nigerian oil production and exports have continued to face structural and operational challenges, having experienced outages at its key pipelines which saw production dropping by more than 82,000 bpd in March of this year and later millions of barrels of crude oil going unsold.
Despite this, the future of the industry still looks promising, with Total committing to increasing oil production by 200,000 bpd by the end of this year, Niger set to refine its crude exports in Nigeria and Shell anticipated to reach FID on the Bonga Southwest oilfield by 2019. This is expected to contribute a further 180,000 bpd to the sector.
In working towards making the national oil company more profitable, the NNPC will be split into two entities: the Nigerian Petroleum Assets Management Company and the Nigerian Petroleum Company, which will be an integrated oil company taking all assets of the NNPC with the exception of production sharing contracts.
"The initial shares shall be held by the Ministry of Petroleum Incorporated (40 percent), the Ministry of Finance Incorporated (40 percent) and the Bureau of Public Enterprises (20 percent). However, 10 percent and an additional 30 percent of the shares of the company shall be floated on the Nigerian Stock Exchange between five years and 10 years from incorporation respectively," explained Dr. Baru.
Group Managing Director of the Nigerian National Petroleum Corporation, Dr. Maikanti Baru will speak at the Africa Oil & Power conference in Cape Town on September 5-7.
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Crane safety is Sicklesteel's passion
Thom Sicklesteel is a dyed-in-the wool crane guy. Profoundly and deeply ingrained in the industry, he is the ideal person to lead the National Commission for the Certification of Crane Operators (NCCCO) into the future. He will take the reins as chief executive officer on July 1, 2019.
"NCCCO is actively engaged to ensure that we remain the gold standard of providing fair, valid and reliable assessments."
-Thom Sicklesteel, CEO (effective July 2019), National Commission for the Certification of Crane Operators
Sicklesteel's involvement in crane operations and crane safety goes back a long way. After earning college degrees in business management and accounting in 1989, he joined the family crane company, Sicklesteel Cranes, based in Mount Vernon, WA. He served as vice president and CFO until 2000, when he took over as president and CEO. He built several other sister companies, which were sold with Sicklesteel Cranes to Barnhart Crane and Rigging in 2015.
He worked for Barnhart until 2017 when Leavitt Cranes USA purchased Barnhart's tower crane division. Since then he has been general manager of Leavitt Cranes, assisting the company's development in the United States.
Early stakeholder
Sicklesteel's involvement with NCCCO started more than 20 years ago in 1997.
"Washington State had appointed our company as the Management Chairperson of the Washington State Crane Safety Association," he said. "One part of our mission was to address operator qualifications. NCCCO's willingness to attend our meetings and provide input regarding operator certification proved to be invaluable to the committee and the State of Washington."
Committed to being an example for other crane companies, Sicklesteel Cranes started requiring NCCCO certification for its crane operators in 2003.
Sicklesteel has been a NCCCO board member since 2009 and served as treasurer from 2010 to 2011 and president from 2011 to 2018. He has been a subject matter expert for the NCCCO Washington State Crane Certifier Exam since 2008 and was a NCCCO subject matter expert in exam management from 2012 to 2014. He has been on the NCCCO Lift Director Exam Management Committee since 2014, and he has served as a member of the NCCCO Crane Type Advisory Group.
So how did it evolve that Sicklesteel would step into the role held by founding CEO Graham Brent for so many years? About 18 months ago, Brent notified the NCCCO Board of Directors that he wanted to step down from the CEO role. He said he thought that assuming a similar role at the newly established NCCCO Foundation would be a good fit. The NCCCO Board of Directors established a search committee, engaged with a search firm, performed the search and presented Sicklesteel as the ideal candidate to lead the organization going forward.
Hit the ground running
Sicklesteel and Brent have worked assiduously to ensure that the leadership transition is seamless. Because Sicklesteel has been involved for so many years, he is poised to hit the ground running.
"It is my intent to travel to the three different NCCCO locations in Virginia, Florida and Utah on a routine basis, as well as attend the various committee and industry meetings around the country," he said. "As NCCCO has grown and diversified over the past several years it has mastered the art of communications between its offices."
Brent has worked side by side with Sicklesteel for many years. He thinks NCCCO is in good hands.
"Thom is an outstanding leader, a consummate professional with a passion for safety, a successful business owner who comes from the industry that NCCCO certifications serve and someone who has supported NCCCO in many ways over the last 20 years," Brent said. "He served the NCCCO Board of Directors for 10 years, six of them as president. I have every confidence in Thom's leadership helping ensure the continued longevity and effectiveness
of NCCCO and its safety mission."
Sicklesteel is well known in the crane community and has been committed to seeing crane operator certification become a national mandate.
"I have been actively involved in crane safety since 1994," he said. "Sicklesteel Cranes achieved several safety excellence awards for our involvement in promoting crane safety, including the AGC of Washington Safety Excellence Grand Award and the National AGC Construction Safety Excellence Award. This position is an opportunity to combine my personal goal of making the crane industry safer with my passion of serving the industry, volunteers and staff."
American Cranes & Transport recently caught up with Sicklesteel to talk about NCCCO, his new role and all things crane safety.
What do you see as the biggest challenges for NCCCO over the short term?
NCCCO's largest challenge is helping the industry come into compliance with the OSHA regulation for crane operators. NCCCO is actively engaged to ensure that we remain the gold standard of providing fair, valid and reliable assessments. NCCCO has also provided employer guides to assist the industry in understanding these new developments. Our Verify CCO Online tool (www.verifycco.org) has also become a key in assisting employers to verify certificate status.
Thom Sicklesteel addressed best practices in crane and rigging safety at ConExpo 2017.
What about the long term challenges ahead?
Long term the preparedness of the industry is reliant upon key communicators such as NCCCO. This will be true as interpretations come out of OSHA in the short term and will be even more important as ASME will continue to develop and update standards for years to come.
Do you envision further clarification by OSHA of crane operator certification?
Now that the language is in place, all the questions and applications of the rule will come out. OSHA has done a great job in answering questions and providing interpretations. However, it is just the beginning. For example, NCCCO's Crane Type Advisory Group (CTAG) is working to publish a list of "most similar" certifications for crane types that do not currently have a specific nationally accredited certification. We are excited to be able to assist OSHA and the industry in this manner.
NCCCO has grown exponentially over the past few years. How do you see further growth playing out?
The growth will be a combination of growth in our current programs as well as adding other types of certifications. The industry remains the driver for both. All our certifications came about because of industry requests. We will continue to build our programs in a thoughtful and methodical way that includes industry stakeholders and experts.
What is it about safe crane operations and the crane operator certification realm that keeps you interested and engaged?
Wherever operator certification has been required, lives have been saved. I love working with those individuals who are making a difference in the industry. That's why we refer to our volunteer subject matter experts as "difference makers." They are quite literally changing the way those who work with cranes and rigging are considered qualified by the industry.
I enjoy being with my family and working with our charitable organizations.
About NCCCO
After several years of industry study and development, the Specialized Carriers & Rigging Association (SC&RA) decided to form a separate organization to develop and administer a nationwide program of operator certification, and the National Commission for the Certification of Crane Operators (NCCCO) was born.
NCCCO was formed in January 1995 as a non-profit organization with its mission to develop effective performance standards for safe crane operation to assist all segments of general industry and construction.
By providing thorough, independent assessments of knowledge and skills, NCCCO aims to enhance lifting equipment safety, reduce workplace risk, improve performance records, stimulate training and give due recognition to the professionals who work in, with and around cranes.
The establishment of NCCCO was the culmination of almost 10 years' continuous work by representatives of all industries that use cranes. NCCCO certifications are developed by industry for industry, and they continue to be supported by it.
Since testing began, NCCCO has administered over 1.2 million written and practical examinations and issued more than 425,000 ANSI-accredited and OSHA-compliant certifications. Today NCCCO offers 27 credentials in 12 major certification programs.
Leavitt Cranes USA
NCCCO
Thom Sicklesteel


The Gemmological Association of Great Britain (Gem-A) has established an independent, non-profit entity in the United States, designed to facilitate its world-renowned gemmological education in this strategically important market.
Gem-A USA will provide the same gemmology and diamond diploma courses, which aim to inspire and educate the next generation of gemmologists.
To mark this significant step into the United States, Gem-A USA has announced that JTV (Jewelry Television) will be the first to offer its Gemmology Foundation, Gemmology Diploma and Diamond Diploma courses in Knoxville, Tennessee, as an Accredited Teaching Centre (ATC).
Gem-A and Gem-A USA accredited teaching centres are carefully-selected institutions that provide access to Gem-A courses in all corners of the world in a broad range of languages. As a long-standing partner of Gem-A and sponsor of the annual Gem-A Conference, JTV was an obvious choice to support Gem-A USA in diamond and gemstone education in the United States.
As one of the leading retailers of jewellery and gemstones across the United States, JTV has been instrumental in sharing gemmological knowledge and inspiration with more than 85 million American homes, cultivating a new market of gemstone lovers and buyers in the process.
Gem-A USA has just been formally unveiled at Gem-A's Big Gem Bash, a meeting of Gem-A members in Tucson, Arizona. Timed to coincide with the annual Tucson gem and mineral shows, the announcement was met with a positive reaction from Gem-A members based in North America.


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Eric Pavlack
Colin E. Flora
Lance Ladendorf
Lorrie Pavlack
Seventh Circuit Answers When a Change in Legal Theory Stated in a Complaint Will Prove Disastrous and When an Indiana Supply Contract is Enforceable
Permanent Link Archived: https://perma.cc/ES9J-9NNX
by: Colin E. Flora
With the Indiana Supreme Court issuing no opinions, this week, and the Court of Appeals of Indiana only entering two published opinions (the twenty-five memoranda decisions are not citable), we turn our attention back to the United States Court of Appeals for the Seventh Circuit and a recent case interpreting both federal pleading procedure and Indiana contract law on repudiation, consideration, and definiteness of material terms.
This was the second appeal in Brc Rubber & Plastics, Inc. v. Cont'l Carbon Co. It arose from a breakdown in a business relationship between a manufacturer of rubber-based products for the automotive industry and its supplier of carbon black, which is an ingredient in the manufacturing process. The two parties entered into a five-year agreement in 2010 in which the seller agreed to sell "approximately 1.8 million pounds of prime carbon black annually to be taken in approximately equal monthly quantities." The agreement fixed the same price across the five-year period. In the first year, 2.6 million pounds were shipped. In 2011, however, the market shifted dramatically and the seller was having difficulty meeting its obligations.
In March 2011, the seller notified the buyer that it would not be able to ship one of the three types of carbon black in May due to plant outages and a lack of inventory, but the buyer still placed an order for 360,000 pounds. (For those wondering on the math, that is 2.4x the amount if you broke 1.8 million into equal monthly installments.) An allegedly rogue employee who was about to be fired by the seller told the buyer that it would ship the full amount if the price was raised by $0.02 per pound. Of course, the buyer rejected that proposition due to the firm price set forth in the Agreement. The seller neither confirmed the order nor made the May shipment. After demanding shipment and being told there was no supply to make one, the buyer purchased that month's shipment from another seller.
A couple days later, seller again communicated with the buyer, this time offering to ship multiple railcars of the product for six cents more per pound than the firm price. If the buyer wasn't going to agree to two cents, you can imagine what it did when asked to pay six cents more. A director for the seller told the buyer that if it would not pay the higher prices it should "call another supplier." The seller claims that communication was based on a misunderstanding by the director. That is evidenced by the lawyers for both companies conferring within hours of the communication and the seller's lawyer confirming that it would "continue producing and shipping timely at the contract prices, and would not cut off supply."
Over the next several days, the buyer checked on the status and was told , "we will ship one car next week and do the best we can re future orders based on our intent to supply 1.8 million lbs." Finally, things broke down altogether:
On the next business day, [buyer] again inquired about the status of its order, and [seller] said that it would ship one railcar of carbon black the following day. At this point, [seller] emphasized that the Agreement required it to supply only 1.8 million pounds per year—or approximately 150,000 pounds per month—and that it already had shipped 1.2 million pounds that year—or approximately 300,000 pounds per month. [seller] shipped one railcar of carbon black to [buyer] the next day. Within a week, [seller] emailed [buyer] seeking to increase the baseline prices again and to accelerate the payment terms in the Agreement. On June 2, 2011, [buyer] filed this lawsuit.
The issue of the first appeal was whether the agreement constituted a requirements contract. "A requirements contract is one in which the purchaser agrees to buy all of its needs of a specified material exclusively from a particular supplier, and the supplier agrees, in turn, to fill all of the purchaser's needs during the period of the contract." "An agreement is not a requirements contract unless it: '(1) obligates the buyer to buy goods, (2) obligates the buyer to buy goods exclusively from the seller, and (3) obligates the buyer to buy all of its requirements for goods of a particular kind from the seller.'" Because the buyer was not obligated to buy exclusively and all of its requirement from the seller, it was not a requirements contract. The importance of that conclusion is that if it were a requirements contract, then the seller's refusal to ship more than what equates to 1.8 million pounds per year would be a breach of the agreement. So the first appeal concluded that was not a breach.
After the case went back to the district court, the buyer still argued that there was a breach because the agreement obligated the seller to sell at least 1.8 million pounds per year at the fixed price and the seller had insisted upon increasing the price on multiple occasions. In response, the seller argued that the agreement was not an enforceable contract and that the governing complaint confined the buyer's case to a claim for breach of a requirements contract, which the agreement was already found not to be. The district court agreed with the seller and the buyer appealed.
The seventh circuit started with whether the agreement was enforceable. The first question was whether there was legal consideration underlying the agreement.
Under Indiana law, a contract must impose mutual obligations on the parties in order to be enforceable. "If both parties to the [Agreement] are not bound, neither is bound," and consideration is lacking. Obligations that give rise to consideration can take the form of legal benefits or legal detriments. "A benefit is a legal right given to the promisor to which the promisor would not otherwise be entitled. A detriment, on the other hand, is a legal right the promisee has forborne." Furthermore, the obligations on both parties must be "reasonably definite and certain;" they cannot be illusory promises that, by their terms, make performance entirely optional. That said, so long as a contract imposes definite obligations on both parties, courts do not question whether the value of consideration is adequate.
This was a fairly easy point to resolve. The agreement obligated the seller to make available approximately 1.8 million pounds of the product in approximately equal monthly quantities with a baseline price. So, the only question was whether the was any obligation on the part of the buyer. Well the agreement does not obligate the buyer to actually purchase any carbon black at all. But, the agreement prohibited the buyer "from purchasing carbon black from other suppliers on better terms than the Agreement unless Continental reviews the offer and decides not to match it." That provision created a right of first refusal for the seller. "[T]he value of a right of first refusal is not undermined by its conditional nature." Mutuality of obligation in satisfying consideration "does not require that every duty within an agreement be based upon a corresponding obligation" and it does not require the value of each obligation to be equal or proportionate. Thus, "[b]ecause the Agreement imposes a definite obligation on both parties, there is mutuality and consideration."
As to enforceability, that left the question of whether the agreement contained all of the necessary material terms to form a binding contract. Even if a contract is supported by consideration, it "is unenforceable if it is so indefinite and vague that the material provisions cannot be ascertained." As the Indiana Supreme Court has explained:
To be valid and enforceable, a contract must be reasonably definite and certain. All that is required to render a contract enforceable is reasonable certainty in the terms and conditions of the promises made, including by whom and to whom; absolute certainty in all terms is not required. Only essential terms need be included to render a contract enforceable. Thus, where any essential element is omitted from a contract, or is left obscure or undefined, so as to leave the intention of the parties uncertain as to any substantial term of the contract, the contract may not be specifically enforced. A court will not find that a contract is so uncertain as to preclude specific enforcement where a reasonable and logical interpretation will render the contract valid.
On this issue, the Seventh Circuit found "[t]he agreement is sufficiently definite to be enforceable." The argument was that it lacked "precise quantity terms for the total amount of carbon black and for each grade of carbon black."
The Agreement expressly states that it "is the intent of this Agreement that [seller] agrees to sell to [buyer] approximately 1.8 million pounds of prime [carbon] black annually." The parties' intent to be bound is evidenced throughout the Agreement, with references to "obligation[s]" and terms that are "to remain firm." The approximation of the annual quantity does not undermine the definiteness of the contract. Earlier in this litigation, [seller] explained aptly the commercial purpose of such an approximation, which is "intended to allow for a reasonable and defined degree of variation in the annual quantity sold; otherwise, the occurrence of such variations might cause either party to be in breach of the Agreement."
That the variable quantity was in keeping with the purpose of the agreement and "[b]uilding into its supply contract sufficient nimbleness to meet these contingencies does not alter the essential terms of the contract." Instead, "[b]oth parties recognize the need to make such adjustments and accept the attendant risk as a necessary component of the commercial relationship. Given the function of the Agreement as a supply contract, we cannot say on this record that such flexibility is anything other than a realistic arrangement.
With it found that the agreement constitutes an enforceable contract, the next question is whether the buyer's complaint precluded the ability to litigate the matter. An important note, this portion of the case was governed by federal procedure and pleadings standards, not Indiana. Indiana applies a far lower burden to pleadings than federal courts do.
The district court believed that the first appeal concluding the contract was a supply contract and not a requirements contract was contrary to the only theory specifically advanced in the complaint and, absent amendment, precluded the new theory. The Seventh Circuit disagreed.
When a new argument is made in summary judgment briefing, the correct first step is to consider whether it changes the complaint's factual theory, or just the legal theories [the] plaintiff has pursued so far. In the former situation, the plaintiff may be attempting in effect to amend its complaint, and the district court has discretion to deny the de factoamendment and to refuse to consider the new factual claims. In the latter, the court should consider the consequences of allowing the plaintiff's new theory. If it would, for example, "cause unreasonable delay," or make it "more costly or difficult" to defend the suit, "the district court can and should hold the plaintiff to his original theory."
Although Twombly and Iqbal have altered the burden at the pleadings stage, "it remains true that a plaintiff need not plead legal theories. Furthermore, 'when a plaintiff does plead legal theories, it can later alter those theories,' and 'there is no burden on the plaintiff to justify altering its original theory.'" But, if the plaintiff alters its legal theory, the court must still "consider the consequences of allowing the case to proceed under the new theory. If it would, for example, cause unreasonable delay, or make it more costly or difficult to defend the suit,'the district court can and should hold the plaintiff to his original theory."
That meant the determinative issue was whether the buyer altered its factual theory or just its legal theory. "We must therefore determine whether [buyer]'s original factual allegations state a plausible claim to relief under [the] new construction of the Agreement. If we conclude that [the] new argument alters only its legal theory, then we must examine the consequences of allowing [buyer] to proceed under this new theory, with an eye toward unreasonable delay of the case and difficulties posed to the defendant." To answer that question, we need to take a dive once more into Indiana contract law.
The buyer claimed breach of the agreement by the seller through the doctrine of "anticipatory repudiation." "Indiana courts recognize the general principle that '[r]epudiation of a contract must be positive, absolute, and unconditional.' They also recognize that, in certain circumstances, repudiation can be effectuated by a party's failure to provide adequate assurance of future performance." The buyer's argument was that the seller failed "to provide adequate assurances" of future performance. In the sale of goods, which is governed by the Uniform Commercial Code (UCC), "generally . . . a party feeling insecure about the other party's contract performance may seek assurance of performance." That is based on "the recognition . . . that a continuing sense of reliance and security that the promised performance will be forthcoming when due is an important feature of the bargain." If the willingness or ability to perform "declines materially between the time of contracting and the time for performance, the other party is threatened with the loss of a substantial part of what he has bargained for. . . [and] a buyer who believes that the seller's deliveries have become uncertain cannot safely wait for the due date of performance when he has been buying to assure himself of materials for his current manufacturing or to replenish his stock of merchandise."
The questions are whether there is "reasonable grounds for insecurity" and what is the "adequacy of any assurance offered" in return. Those questions are answered by looking to "nature of the sales contract and the circumstances of the particular case." Another important note, "a ground for insecurity need not arise from or be directly related to the contract in question, so a buyer may have reasonable grounds for insecurity if he discovers that his seller is making defective deliveries … to other buyers with similar needs." The matter involves "very fact-specific and very context-specific inquiries."
Based upon the factual allegations in the complaint, the court concluded that it has plausibly alleged facts supporting repudiation, therefore permitting a change in legal theory under the pleadings.
[Buyer]'s revised theory of the Agreement does not depend on any essential allegations that are missing from its complaint. From the start, [it] has maintained that [seller] repudiated the Agreement by failing to fulfill an order, seeking increased prices and accelerated payment terms, and providing equivocal assurances of future performance. [Buyer] has altered only its legal characterization of the Agreement; its factual theory of the case has remained constant.
That left the matter of whether it was unduly prejudicial to allow the change. As you might imagine, when the theory shifts due to an appellate court construing the contract and all of that happened prior to the parties engaging in discovery, the court found no unfair harm in allowing the change in theory:
We have recognized such harms when the case is delayed unreasonably or becomes "'more costly or difficult' to defend." This record provides no basis for our concluding that [buyer]'s new characterization of the Agreement harms the development of the case or [seller]'s defense. Notably, at earlier stages in this litigation, [seller] advanced the same construction of the contract that [buyer] now endorses. In these circumstances, [seller] certainly is not prejudiced by [buyer]'s new argument, which, in a strict sense, is not new to this case at all.
Accordingly, the Seventh Circuit reversed the entry of summary judgment that had been granted to the seller. The court did not, however, enter summary judgment for the buyer, as had been requested, because the factual questions about anticipatory repudiation are matters to be decided at trial.
Aside from the legal issues to be understood in this case, there is a business lesson to be found as well. This case began in June 2011 over the seller trying to get six cents more per pound. At 1.8 million pounds, that would have been an extra $108,000 per year; by no means, chump change. But here we are, seven years and two appeals later, and the case is still not resolved. It seems an almost certainty that the two parties have expended that much in costs and fees already. It reminds of the old proverb: "For want of a nail the shoe was lost. For want of a shoe the horse was lost. For want of a horse the rider was lost. For want of a rider the message was lost. For want of a message the battle was lost. For want of a battle the kingdom was lost. And all for the want of a horseshoe nail." Sometimes, small issues can explode well past where anyone could have imagined. It is why there are often business decisions to be made even when legal rights may dictate contrary results.
Join us again next time for further discussion of developments in the law.
Brc Rubber & Plastics, Inc. v. Cont'l Carbon Co. (II), —F.3d—, No. 17-2783, 2018 U.S. App. LEXIS 22827 (7th Cir. Aug. 16, 2018) (Ripple, J.).
BRC Rubber & Plastics, Inc. v. Cont'l Carbon Co. (I), 804 F.3d 1229 (7th Cir. 2015) (Williams, J.).
Conwell v. Gray Loon Outdoor Mktg. Grp., Inc., 906 N.E.2d 805, 813 (Ind. 2009) (Shepard, C.J.).
Colin E. Flora, Citing Unpublished Cases in Indiana, Hoosier Litig. Blog(May 14, 2016).
*Disclaimer: The author is licensed to practice in the state of Indiana. The information contained above is provided for informational purposes only and should not be construed as legal advice on any subject matter. Laws vary by state and region. Furthermore, the law is constantly changing. Thus, the information above may no longer be accurate at this time. No reader of this content, clients or otherwise, should act or refrain from acting on the basis of any content included herein without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.
Does Video Evidence Change the Summary Judgment Standard? Supreme Court of Florida Sheds Light
colin@pavlacklawfirm.com | Jan 8th, 2021
This week, we discuss the Florida Supreme Court's ruling in Wilsonart v. Lopez that ruled summary judgment was not appropriate even though video evidence appeared to convincingly contradict competing testimony and we discuss how the same situation should be decided under Indiana's summary judgment standard.
Can a Virtual Presence Satisfy the Requirements for Negligent Infliction of Emotional Distress?
colin@pavlacklawfirm.com | Dec 31st, 2020
This week, we look to the California Court of Appeals' recent decision in Ko v. Maxim Healthcare Services, Inc. to address whether parents who would otherwise be able to bring a claim for negligent infliction of emotional distress are prohibited from doing so simply because they witnessed the tortious harm through a livestream instead of in-person.
Indiana Court of Appeals Clears Up Misconception, Rules Plaintiff Can Sue Employer Without Suing Employee
colin@pavlacklawfirm.com | Dec 18th, 2020
This week, we look to the Indiana Court of Appeals' decision in Hogan v. Magnolia Health that put to rest any doubt as to whether an agent must be named in order to hold an employer liable under the doctrine of respondeat superior.
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