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Justia › US Law › US Case Law › US Supreme Court › Volume 313 › United States v. Morgan
United States v. Morgan, 313 U.S. 409 (1941)
United States v. Morgan
Argued April 10, 1941
Decided May 26, 1941
1. The function of the Secretary of Agriculture, when determining under the Packers and Stockyards Act reasonable rates for services rendered by market agencies during a period of years past, is not merely to compare their actual expenditures and incomes, but involves consideration of the extent to which the services properly should be charged to the public. P. 313 U. S. 414.
2. As a basis for distribution of funds paid into the registry of the District Court by market agencies pursuant to an order granting an interlocutory injunction in their suit to enjoin the enforcement of an order of the Secretary of Agriculture purporting to fix their rates, which ultimately was adjudged void for defects of procedure, the Secretary of Agriculture reopened the proceeding and found and fixed for the impounding period rates which were on the level of those fixed by the original order.
(1) A contention that the Secretary based his judgment on conditions existing at the date of the original order, without considering subsequent changes, is disproved by the record. P. 313 U. S. 416.
(2) A contention that the Secretary's findings are without support in the evidence is without merit. P. 313 U. S. 417.
(3) Quite different considerations may properly have influenced the Secretary in fixing rates for the impounding period from those by which he determined a schedule of rates for the future. P. 313 U. S. 419.
(4) A motion that the Secretary be disqualified for bias was properly overruled by him. P. 313 U. S. 420.
The charge of bias grew out of his criticism of the decision of this Court declaring his original order void ( 304 U. S. 304 U.S. 1), in a letter which he wrote to a newspaper while in the mistaken belief that the decision meant return of the impounded funds to the market agencies. In overruling the motion, he explained the mistake, denied bias, and added that, as a matter of expediency, he might have disqualified himself but for the fact that, while the market agencies were pressing his disqualification, they were simultaneously urging that none other than the Secretary had legal authority to make the rate order.
(5) The fact that the Secretary not merely held but expressed strong views on matters believed by him to have been in issue in the earlier stage of the case did not unfit him for exercising his duty in the subsequent proceedings. P. 313 U. S. 421.
3. In a suit by market agencies attacking rates fixed by the Secretary of Agriculture, it was improper for the District Court, over the Government's objection, to authorize the plaintiffs to take the Secretary's deposition, and improper, upon his appearing at the trial, to examine him regarding the process by which he reached his conclusions, including the manner and extent of his study of the record and his consultation with subordinates. P. 313 U. S. 422.
4. Administrative and judicial processes are collaborative instrumentalities of justice, and the appropriate independence of each should be respected by the other. P. 313 U. S. 422.
32 F. Supp. 546 reversed.
Appeal from a decree of the District Court, of three judges, which adjudged invalid an order of the Secretary of Agriculture fixing rates and directed that funds in the registry that had been paid in by the plaintiffs be returned to them. The history of this protracted litigation is summed up in the first paragraph of the opinion.
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF MISSOURI
MR. JUSTICE FRANKFURTER delivered the opinion of the Court.
This case originated eleven years ago. As a result of proceedings begun in April, 1930, under the Packers and Stockyards Act, 42 Stat. 159, 7 U.S.C. § 181 et seq., the Secretary of Agriculture in June, 1933, issued an order setting maximum rates to be charged by market agencies for their services at the Kansas City Stockyards. The market agencies brought suit to set aside his order. The district court issued a temporary restraining order under which amounts charged in excess of the rates fixed by the order were impounded, and later it upheld the order. 8 F. Supp. 766. On appeal here, 7 U.S.C. § 217; 28 U.S.C. §§ 44, 47a, the case was sent back to the district court in order to determine on the issues raised by the pleadings whether the agencies had been denied the "full hearing" demanded by § 310 of the Act. 298 U. S. 468. The district court thereupon decided that this requirement of the statute had been satisfied. 23 F. Supp. 380. The case was again brought here and the order of the Secretary
was held invalid because of procedural defects. 304 U. S. 1. Prior to this decision, the Secretary and the market agencies had agreed upon a higher schedule of rates to become effective on December 1, 1937. However, under the impounding order which had continued in effect until that date, over half a million dollars had been deposited. The disposition of this fund was made a ground for a petition for rehearing after the second Morgan decision, but the petition was denied because that question was for the district court. 304 U. S. 23, 26. The secretary then reopened the original proceedings to determine reasonable rates during the impounding period. Before the Secretary had made a new order, the district court directed that the impounded moneys be turned over to the market agencies. 24 F. Supp. 214. The case came here for the third time, and we reversed the district court and required its retention of the fund "until such time as the Secretary, proceeding with due expedition, shall have entered a final order in the proceedings pending before him." 307 U. S. 307 U.S. 183, 307 U. S. 198. This decision was rendered on May 15, 1939. A month later, the Secretary issued a new schedule of rates for the impounding period based on elaborate findings. Accordingly, the Government moved the district court to distribute the funds in accordance with the Secretary's order, but that court, with one of its three judges dissenting, held the order invalid and directed that the funds be given to the market agencies. 32 F. Supp. 546. The case is now here for the fourth time.
The validity of the Secretary's order has undergone the closest scrutiny in elaborate briefs and extended oral arguments. Nothing has been overlooked. However, in the final stage of this long drawn out litigation, critical examination reveals only a few issues demanding attention.
When the matter was last here, we defined the duty of the Secretary. He was to determine reasonable rates for the impounding period so that there could be just distribution
of the funds which the court below had taken into its registry. The nature of the problem before the Secretary was a guide to its solution. The Secretary's task was not the usual enterprise of fixing rates for the future, so largely an exercise in prophecy. Unique circumstances made him, in 1939, the arbiter of rates for a period between 1933 and 1937. But even such a retrospective determination does not present a mathematical problem. Doubts and difficulties incapable of exact resolution confront judgment. More than that, since the Secretary is the guardian of the public interest in regulating a business of public concern, it is not for him merely to reflect the items on a profit and loss statement. He must consider whether these represent services which properly should be charged to the public. While, therefore, the Secretary, in determining rates for the past, could not deny himself the benefit of hindsight, he was not merely a bookkeeper posting items into a ledger. Rates to which these public agencies were entitled were not to be derived merely from their expenditures and actual income.
This Court defined the duty of the Secretary in its decision in the 307th U.S. The record leaves no doubt that the Secretary, when he filed his order a month after that decision, appropriately discharged the duty. He served upon the market agencies the order of June 14, 1933, and the findings underlying it as the starting point of the inquiry. The market agencies protested against any order "nunc pro tunc as of June 14, 1933," alleged that conditions had changed much since 1933, and asked for the appointment of an examiner to take new evidence. Because he deemed the earlier findings illuminating and helpful "as a working basis for this hearing," the Secretary refused to withdraw them. But he appointed an examiner to hear new evidence, and denied
"any intention of depriving the respondents of the opportunity of offering evidence concerning conditions affecting the reasonableness of their
rates during the period subsequent to June 14, 1933."
He further stated that the "forecasts of conditions" in the 1933 order "can now be checked in light of subsequent events." He neither purported to make nor did he make a nunc pro tunc order. The Secretary thus adopted a procedure which admitted whatever light was shed by change of circumstances after 1933. The market agencies freely availed themselves of this procedure, and the Secretary's findings leave no room for doubt that his conclusions represent a judgment of 1939, and not a prophecy of 1933. Having overruled the contention of Government counsel that evidence of conditions after 1933 was irrelevant, he took note of the fact that fewer livestock came to the market after 1933; that a larger number came by truck, thereby causing a decrease in the number of animals in an average consignment; that specific as well as general economic factors touching the market at Kansas City had changed; that statistics relevant in 1933 had become outmoded, and that he had before him evidence of expenses for "business getting and maintaining" and salesmanship not before him in 1933. The Secretary thus unequivocally avowed his intention to consider conditions after 1933, and his findings carry out his purpose. [Footnote 1] We must therefore reject the claim that the Secretary's judgment was founded on the misconception that he must shut his mind to everything that happened after 1933, and, in 1939, fix rates in the imaginary world of 1933.
Another attack upon the Secretary's order is the conventional
objection that the findings were not rooted in proof. To reexamine here with particularity the extensive findings made by the Secretary, and to test them by a record of 1340 printed pages and thousands of pages of additional exhibits would, in itself, go a long way to convert a contest before the Secretary into one before the courts. Compare 76 U. S. Register and Receiver, 9 Wall. 575, 76 U. S. 578. We have canvassed too fully in the past the duties respectively allotted to the Secretary of Agriculture and the courts in the enforcement of the Packers and Stockyards Act to justify extended discussion of the governing principles. Tagg Bros. & Moorhead v. United States, 280 U. S. 420; Acker v. United States, 289 U. S. 426; see also United States v. Morgan, 307 U. S. 183, 307 U. S. 190-191. We are in the legislative realm of fixing rates. This is a task of striking a balance and reaching a judgment on factors beset with doubts and difficulties, uncertainty and speculation. On ultimate analysis, the real question is whether the Secretary or a court should make an appraisal of elements having delusive certainty. Congress has put the responsibility on the Secretary, and the Constitution does not deny the assignment.
The objection that the proof does not support the findings is really a repetition in disguise of the unfounded claim that the Secretary misconceived his duty and made his order in 1939 as though he were acting in 1933. The bedrock of these variously phrased attacks upon the order is the contention that the Secretary was indifferent to events occurring after 1933. The short answer is that he was not. The conclusion which he drew from these events is another matter. [Footnote 2]
Specifically, it is urged that, by the increase of rates for the future, to which the market agencies and the Secretary agreed in 1937, changes in circumstances were recognized, while the present order ignored these changes because its rates are at the same level as the original order. But the Secretary did not disregard changed market conditions during the impounding period. Evidence showing these changes was submitted by the market agencies. [Footnote 3] He was thus duly apprised of the changes, and
they entered into the findings. To be sure, in ascertaining the reasonable rates for the impounding period, he did not attach to them the significance which the market agencies drew from them. As a result of an elaborate study of conditions prior to 1933 and evidence indicating no essential change in those conditions for the purpose at hand during the later years, the Secretary concluded that the market was overstaffed, and that, in the competitive setting of the business, amounts had been spent not justified by that public interest which he is charged to protect. Actual expenses for salesmen's salaries and "business getting," the items chiefly in controversy, he found, did not furnish an adequate guide to the ascertainment of reasonable rates. Had the lower rates originally set by the Secretary in 1933 been tested by experience, audits of the market agencies under these rates would have reflected the practical operation of the policy of lowering costs under controlled conditions. But this source of experience was unavailable, because the agencies throughout the impounding period continued to operate under the higher rates. Quite different considerations may properly have influenced the Secretary in fixing rates for the impounding period from those by which he determined a schedule of rates for the future. The existence of the differences is recognized in the agreement between the Secretary and the market agencies whereby the higher rates of the 1937 schedule were to be "without prejudice" either to the Government or to the agencies
in the present litigation. It was further agreed in 1937 that, after six months, and unless the rate order of 1933 was found invalid, the Secretary could at any time, "without further hearing," reduce the rates for the future to the 1933 level. There were very great complexities in determining rates for an industry affected by the unstable conditions which surrounded the Kansas City market in 1937. And the expert tribunal charged with the task may well have felt a need for flexibility in the prophecy involved in setting future rates which did not enter the judgment required in fixing rates for a past period. It is not for us to try to penetrate the precise course of the Secretary's reasoning. Our duty is at an end when we find, as we do find, that the Secretary was responsibly conscious of conditions at the market during the years following 1933, that he duly weighed them, and nevertheless concluded that rates similar to those in the 1933 order were proper.
But the market agencies go beyond saying that the record did not warrant what the Secretary found. They say that bias disqualified him. This serious charge derives from a letter written by the Secretary to the New York Times immediately following the decision of this Court in the second Morgan case, 301 U. S. 304 U.S. 1. By that decision, the Court had upset the order of 1933 because of procedural defects. Largely because of his assumption that this meant the return of the impounded funds to the market agencies, the Secretary in his letter, vigorously criticized the decision. The market agencies in due course moved to disqualify the Secretary in the proceedings started by him to fix new rates. In denying their motion, the Secretary wrote a patently sincere denial of bias. He stated that he had complained against a return of the impounded funds to the market agencies prior to a determination of the rates on the merits, that the denial of the petition for rehearing, 304 U. S. 304 U.S. 23, 304 U. S. 26, had shown him the error of his assumption, that, in his letter of criticism, he
made no prejudgment about the rates to be fixed, and that his only concern was to "see that the substantive rights of the parties are fairly determined." He added that, "as a matter of expediency," he might have disqualified himself but for the fact that, while the market agencies were pressing his disqualification, they were simultaneously urging that none other than the Secretary had legal authority to make the rate order. Plainly enough, when it was thus suggested that he create a situation in which no order could be made, the Secretary was offered no escape from his duty even had he preferred to consult the comforts of personal convenience.
But, intrinsically, the letter did not require the Secretary's dignified denial of bias. That he not merely held but expressed strong views on matters believed by him to have been in issue did not unfit him for exercising his duty in subsequent proceedings ordered by this Court. As well might it be argued that the judges below, who had three times heard this case, had disqualifying convictions. In publicly criticizing this Court's opinion, the Secretary merely indulged in a practice familiar in the long history of Anglo-American litigation whereby unsuccessful litigants and lawyers give vent to their disappointment in tavern or press. Cabinet officers charged by Congress with adjudicatory functions are not assumed to be flabby creatures, any more than judges are. Both may have an underlying philosophy in approaching a specific case. But both are assumed to be men of conscience and intellectual discipline, capable of judging a particular controversy fairly on the basis of its own circumstances. Nothing in this record disturbs such an assumption.
And so we conclude that the order of the Secretary furnishes "the appropriate basis for action in the district court in making distribution of the fund in its custody." United States v. Morgan, 307 U. S. 183, 307 U. S. 198. But, finally, a matter not touching the validity of the order requires consideration. Over the Government's objection, the district
court authorized the market agencies to take the deposition of the Secretary. The Secretary thereupon appeared in person at the trial. He was questioned at length regarding the process by which he reached the conclusions of his order, including the manner and extent of his study of the record and his consultation with subordinates. His testimony shows that he dealt with the enormous record in a manner not unlike the practice of judges in similar situations, and that he held various conferences with the examiner who heard the evidence. Much was made of his disregard of a memorandum from one of his officials who, on reading the proposed order, urged considerations favorable to the market agencies. But the short of the business is that the Secretary should never have been subjected to this examination. The proceeding before the Secretary "has a quality resembling that of a judicial proceeding." Morgan v. United States, 298 U. S. 468, 298 U. S. 480. Such an examination of a judge would be destructive of judicial responsibility. We have explicitly held in this very litigation that "it was not the function of the court to probe the mental processes of the Secretary." 304 U. S. 304 U.S. 1, 304 U. S. 18. Just as a judge cannot be subjected to such a scrutiny, compare Fayerweather v. Ritch, 195 U. S. 276, 195 U. S. 306-307, so the integrity of the administrative process must be equally respected. See Chicago, B. & Q. Ry. v. Babcock, 204 U. S. 585, 204 U. S. 593. It will bear repeating that, although the administrative process has had a different development and pursues somewhat different ways from those of courts, they are to be deemed collaborative instrumentalities of justice, and the appropriate independence of each should be respected by the other. United States v. Morgan, 307 U. S. 183, 307 U. S. 191.
MR. JUSTICE REED did not participate in the consideration or decision of this case.
Attention is called to the title page of the tentative findings on which appeared, opposite the docket number of the case and the names of the formal parties, the words "Tentative Findings of Fact, Conclusions and Proposed Order, issued as of June 14, 1933." This formal caption is not an unnatural description of the starting point of the Secretary's new inquiry. It clearly is not descriptive of his final findings and order, let alone a denial of the proper theory on which he avowedly proceeded.
That inferences from facts and contentions regarding their significance are the real stuff of these rate determinations is well illustrated by the phase of the problem before the Secretary that was most strongly pressed upon us. It is undisputed that, since 1933, the arrival of animals by truck has increased, thereby causing a decrease in the average number of animals in a consignment. And since the consignment is the unit of cost, a decrease in the number of animals results in an increase in cost per head in the consignment. Hence, formal logic concludes, the present order in setting the same rates as those of 1933 fails to reflect this increase in per head cost, and on that ground is invalid. But both the 1933 and 1939 schedules recognize that there are minimal costs unrelated to the number of animals in a consignment. Both orders therefore were graduated according to the number of animals in a consignment. The Secretary found that this graduated scale which "produces an increasing per head revenue as the number of head in the consignment decreases" would "give recognition to the changing method of arrival of livestock." Moreover, the decrease in the size of consignments may well have been reflected in the increased estimate of salesmanship cost. All these considerations only illustrate that we are moving in a difficult and specialized realm of judgment which has been entrusted to the Secretary of Agriculture, and not to the courts. The Secretary's judgment must prevail, since his finding had the support of inferences fairly drawn from the entire evidence, including all that the market agencies saw fit to introduce bearing on their operations after 1933.
An objection to an exclusion of evidence by the examiner requires but slight comment. Two cooperative commission companies had accepted the rates of the Secretary's order of 1933, and the market agencies asked that the annual reports of these companies for the impounding period be produced by the division of the Department of Agriculture with which they were filed. The examiner refused to order production of the reports on the ground that he had no authority to do so, basing his ruling on a section which the Packers and Stockyards Act incorporates from the Federal Trade Commission Act and which provides that it shall be a misdemeanor for any officer of the regulatory agency to make public any information which the agency has obtained "without its authority, unless directed by a court." 7 U.S.C. § 222, 15 U.S.C. § 50. We need not determine whether the reports should properly have been admitted. If they should have been, the statute provides an orderly way for having this done during the course of the hearing by seeking the Secretary's authorization. Having failed to pursue the way of the statute, the market agencies were debarred from raising the matter at a later time.
MR. JUSTICE ROBERTS.
With much that is said in the opinion of the Court, I agree, but I am compelled to dissent from the conclusion. Despite the fact that this litigation has extended over many years, I still think that not only the rights of the market agencies, but the principles involved, require the Court to take care that the litigation is disposed of in accordance with the principles it has laid down. The result now reached is not in accordance with those principles. A recital of the course of the litigation is necessary for an understanding of the case as now presented.
Rates for the market agencies at Kansas City were fixed by the Secretary of Agriculture [Footnote 2/1] July 24, 1923. By virtue of the statute, these became the legal rates, and the agencies were bound not to exceed them until the further order of the Secretary. April 7, 1930, the Secretary instituted an inquiry into the existing rates. June 14, 1933, he issued an order reducing them.
July 19, 1933, the market agencies brought suit to enjoin and set aside the order. The District Court entered a temporary injunction July 22, 1933, in connection with which it provided that the difference between the rates be ng charged by the agencies and those fixed by the order under attack should be impounded pending the outcome of the litigation. Upon the trial of the cause, the court refused to consider an issue tendered by the agencies as to whether the Secretary had granted them a full hearing. Upon examination of the record, it held the order was supported by substantial evidence, and, on October 29, 1934, dismissed the bill. [Footnote 2/2] This Court reversed, on May 25, 1936, holding that the District Court should have considered
and decided the question whether the agencies had been afforded a full hearing. [Footnote 2/3]
On a further trial, the District Court again upheld the order by a decree of July 2, 1937. [Footnote 2/4] The United States appealed from this decree. In the meantime, however, a significant thing occurred. On November 14, 1937, the Secretary approved new rates, effective November 1, 1937, in recognition of changed conditions existing in the business at Kansas City. The impounding order therefore ceased to operate November 1, 1937.
This Court reversed the second decree of the District Court because it found that the agencies had been denied a full hearing in the proceedings which eventuated in the order of 1933. Its decision was rendered April 25, 1938, and a rehearing was denied May 31, 1938. [Footnote 2/5]
The Secretary and his legal advisers evidently believed, and, as I think, correctly, that the old rates authorized in 1923 stood until a new order, lawfully made, superseded them for the future. The rates fixed for the future by the order of 1933 had not become effective, and the Act contained no provision for altering rates charged in the past under authority of the existing and outstanding order of 1923, or granting reparation in respect of them. The Secretary seems to have thought that he could reach this situation by the entry of a nunc pro tunc order as of July 14, 1933. On June 2, 1938, therefore, he directed that the proceeding be reopened and that the "proceedings, findings of fact, conclusion and order" issued on June 14, 1933, be served upon the agencies as the "Tentative Findings of Fact, Conclusion and Proposed Order" of the Secretary, and he denominated them as "Tentative Findings of Fact, Conclusion, and Proposed Order" issued as of June 14, 1933. It is plain that he proposed thus to cure what had
been found to be the defect in the order by affording the market agencies an opportunity to file and argue exceptions, in an effort to show any infirmity in the findings and conclusion on which the 1933 order was based. If none was made to appear, he proposed to issue the order nunc pro tunc as of its original date. It is true that, after exceptions were filed and upon the hearing before an examiner, the agencies were permitted to offer evidence to show changed conditions supervening in the period between 1933 and 1937. It is also true that, while the examiner retained all of the findings previously made as the foundation for the order of 1933, he added certain findings, but he did not, in any material respect, alter the ultimate findings, and, indeed, he retained the exact rates fixed in the earlier order and left undisturbed every finding as to cost (with one immaterial exception), even to the fourth decimal place, as it had stood in the original report.
Immediately after the reopening of the proceeding consequent upon the decision of this Court of May 31, 1938, the Secretary, on June 12, 1938, applied to the District Court for an order staying the distribution of the impounded funds pending his further decision and order. In his petition, he said:
"After a full hearing, the Secretary will determine by an order as of June 14, 1933, what rates may reasonably be charged by petitioners to their clients for the services rendered them."
The District Court denied the application. [Footnote 2/6]
The United States appealed from the decree. In its brief it stated:
"The only purpose and effect . . . [of the reopened proceeding] is to determine whether and to what extent the appellees have been prejudiced by the procedural defect in the earlier proceeding."
Before the case had been decided here, the reopened proceeding before the Secretary had so progressed that
the evidence had been closed, a tentative report made by an examiner, exceptions filed, and argument heard by the Secretary. The record plainly discloses that, up to the time of our final decision on this last appeal, the Secretary had been content to take the data disclosed by his investigation of the market agencies' activities in the years 1929, 1930, and 1931 as the basis of any order, and this was natural if, as he then supposed, he was justified in entering an order nunc pro tunc as of the date of his original 1933 order.
This Court rendered its opinion in the last appeal May 15, 1939. [Footnote 2/7] Speaking by a majority, the Court there held that, as the District Court was acting as a court of equity in the premises, the impounded funds should be disbursed according to the equities of the situation. It adverted to the fact that the rates fixed by the Secretary October 14, 1937, governed for the future until altered in accordance with law, but it held that the equities of the case required an investigation as to whether the rates charged in the interval between 1933 and 1937 had been unreasonable, and, as a result, whether it would be inequitable to withhold from the market agencies' customers and return to the market agencies all or any part of the impounded fund. The court was of the view that the Secretary was in a peculiarly favorable position to find the facts and advise the court upon this subject, and that the court ought to cooperate with the Secretary to attain a just result.
At this juncture, the reopened proceeding was under submission before the Secretary. It is to be noted that he had refused to consider the data in his own possession with respect to the actual experience of two of the market agencies which had conformed to the rates he fixed in 1933. It is further to be noted that the existence of
changed conditions not only is shown by the uncontradicted evidence offered by the agencies, but by the fact that the Secretary recognized such change in making his order of October 14, 1937.
The court below has found that conditions in the business had substantially, and in some respects radically, changed since the completion of the original record on which the 1933 order was based. The court found the facts as to the changes which had increased the cost of doing the business. The government does not question the correctness of these findings. I think these increased costs cannot be ignored or dismissed with the comment that the Secretary considered them, when it is plain he did not. This Court did not intend by its decision in 1939 that the Secretary should shut his eyes to these changed conditions, and make a forecast in 1939 as of 1933 and upon the data available in 1933, as if he had before him only the experience prior to 1933 and were then acting. Of a similar situation, this Court has said: "A forecast gives us one rate. A survey gives another. To prefer the forecast to the survey is an arbitrary judgment." [Footnote 2/8]
The Secretary had made a careful investigation of the operations of the market agencies in the years prior to 1933. The same data was available to him in 1939 for the period 1933 to 1937, but was not considered. What he should have done, in the light of this Court's decision, was again to reopen the cause and to investigate the fairness and reasonableness of the charges exacted from 1933 to 1937 in the light of actual experience. To assert that he did in fact pursue this course is to place an unjustified gloss upon the record now before the Court.
We ought not to conclude the parties by a strained construction of the record facts, or by applying to this
inquiry technical rules of evidence and procedure which have not place in such a proceeding. On the contrary, we should require that to be done which the broad equities of the case demand. No less, it seems to me, will satisfy the mandate of this Court in its earlier pronouncement. I should therefore reverse the decree and direct that the Secretary ascertain the facts upon all available evidence, in accordance with the decisions of this Court when the case was last here.
Several incumbents of the office acted in the case at successive dates. The term Secretary is used to designate the official who acted in any instance.
8 F. Supp. 766.
298 U. S. 298 U.S. 468.
23 F. Supp. 380.
304 U. S. 304 U.S. 1, 304 U. S. 23.
West Ohio Gas Co. v. Public Utilities Comm'n, 294 U. S. 79, 294 U. S. 82.


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We are now working with contacts in Oklahoma to see if we can somehow get him back.


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Dunlop Sportmax Q4 Review
Dunlop fills a niche with a dedicated trackday tire
Troy Siahaan May 15, 2018 0
Photos by: Brian J. Nelson
By definition, designing a motorcycle tire is an exercise in compromise. The perfect tire would have ultimate grip in every scenario and would never wear. Whoever can invent this unicorn tire capable of setting lap records and transcontinental travel simultaneously will cash in handsomely. Until then, however, we all have to live with compromise. Here in the real world, tire companies constantly battle with the challenge of balancing grip for longevity, and when it comes to track-worthy – and street legal – tires, the challenge becomes even greater; the tire should definitely provide enough grip to confidently hustle a motorcycle around a track but should also be robust enough to survive the everyday grind.
If you're Dunlop, you've done a fairly impressive job of it lately with the Q line of street/track tires. When the Q3 came out in 2013 (holy crap, has it really been that long?), I raved about its performance and how the marketing buzz words were more than mere hype. Four years on and Dunlop improved upon the Q3 with the Q3+, which John Burns sampled at the Circuit of the Americas. Promising slightly better grip with much greater longevity, the Q3+ was a clear step ahead of the Q3, and like I had done with the Q3, JB also left the test impressed with Dunlop's latest Q tire.
The latest addition to the Q line from Dunlop, the Q4 sits above the Q3+ as the go-to tire for trackday enthusiasts.
So impressive was the Q3 line of tires, that when word got out about a Q4, naturally people thought it would be a successor to the line, just as the Q3 replaced the Q2. Not so! In Dunlop's world, the Q3+ took the grip vs. wear balance and erred towards the latter. Nobody complained about grip, but in Dunlop's eyes the glaring hole in its product line was a road-legal street/track tire veering in the other direction with just one mission: providing ultimate stick. Say hello to the Sportmax Q4.
The first thing you notice about the Q4 is the aggressive tread pattern, with long siping down the middle and no tread on the tire's edge.
When you look at the Q4, the most obvious thing you see is its aggressive tread profile. A minimal amount of grooves down the middle of the tire – and none whatsoever along the sides – means the edge of the tire is basically like a slick when leaned over. This is exactly the design goal Dunlop was after, says John Robinson, one of the engineers of the Q4 and a frequent track rider himself. Land/sea ratio relates to the amount of rubber on the ground (land) versus the amount of tread to allow water to escape (sea), and the in the case of the Q4, Dunlop wanted a maximum amount of land and minimum amount of sea. Interestingly, when fully upright the Q3+ has more rubber on the road, but once leaned over the Q4 puts down a 34mm contact patch of rubber, which Robinson says is just shy of the 35mm maximum distance the FIM allows from the tire's edge to 50% of the tread element.
From a construction standpoint, the Q4 is made the same way Dunlop makes its racing slicks. The rear utilizes what Dunlop calls Jointless Tread (JLT) technology. Essentially JLT allows for the tread to be extruded directly onto the tire's carcass in one continuous strip. Seeing as he sits a few yards from the manufacturing facility, Robinson can even dictate the precise amount of tread, down to tenths of millimeters, across the face of the tire, to achieve specific performance characteristics. This was crucial during the prototyping phase of the Q4 because JLT is "essentially a 3D printer for tires," says Robinson.
In the case of the Q4, JLT construction increases tire stability and reduces flex, helping to create a larger and more consistent footprint during braking, cornering, and acceleration. As a bonus, the rear Q4 is up to one pound lighter than its equivalent Q3+ counterpart – a clear benefit when every bit of performance counts.
This over simplified illustration of the Jointless Tread technology paints a better picture of the continuous narrow strips of tread spread across the tire's carcass.
A technique perfected with the Q3, Carbon Fiber Technology (CFT) is again incorporated into the sidewall of the Q4; the light, strong, and durable material really coming into play at high lean angles to provide stability. One huge benefit of the Q4 is its independence from tire warmers – a very specific goal Dunlop had for these tires with the trackday enthusiast clearly in mind. Traditionally, fast warm-up times were achieved by using silica in the compound, but with the Q4 the rear is a single compound (unlike many competitors which use multiple compounds across the tire's face) which doesn't use any silica – it's all carbon black like Dunlop's racing tires, though the proprietary polymers and resins mixed with the carbon black is a chemistry Dunlop staff hold close to their chest.
The last acronym to consider when talking about the Q4 is IRP, or Intuitive Response Profile. In essence, IRP is the nomenclature for Dunlop's profile design, in which the rear tire has a tall center that tapers sharply towards the edges for quick and aggressive turn-in and transitions, with the added benefit of putting more rubber on the ground at high lean. And, apart from standard sizes for most supersports and liter-class machines (180/55-17 and 190/50-17), the Q4 rear is also available in 180/60-17, 190/55-17, and 200/55-17 to fit a wide range of Japanese and European motorcycles. In these additional sizes, the IRP further enhances the bike's handling characteristics, as the profiles are even sharper than standard.
Interesting fact about the Q4: When it's upright, the Q3+ actually has more rubber on the ground. Once the tire is leaned over, however, the Q4 has a much larger footprint.
Putting Them To The Test
After all the technical jargon, if we were to distill the Q4 to its main points, the important takeaways to remember with the Q4 is the extremely quick warm up times, huge land-to-sea ratio, and the fact Taylor Knapp – the former superbike racer turned Dunlop test rider – was able to achieve 62 degrees of lean (the most ever by a street-legal Dunlop tire) during the preseason MotoAmerica test at Barber Motorsports Park. Knapp was also able to set the tenth fastest time of the test aboard a relatively stock Suzuki GSX-R1000, running a stock engine, a pipe, and of course, the Q4's. Let that sink in for a second – a relatively stock bike with street tires set the tenth fastest time against a field of superbikes.
I've long been a fan of the Q3, and though I haven't sampled the Q3+, I was eager to try the Q4, especially considering its track-focused nature. The scene of our test was Chuckwalla Valley Raceway, and Dunlop brought a few 600s and literbikes from Yamaha, Kawasaki, and Suzuki for us to try. At first, the bikes were fitted with OE sizes, but later were swapped for the other, taller sizes available in the range.
Super fast warm up times make the Q4 an excellent track tire. So much so that I didn't even notice sand flowing across the track.
Even though it was a warm day at Chuckwalla, the first thing you notice about the Q4 is how incredibly fast it gets to temperature. Even with brand new rubber, half a lap was all I needed to feel comfortable and start pushing a little more. Dunlop says cold pressures are very similar to street tires: 32 psi front, 30 psi rear, with a good baseline of 36 psi at both ends once the tires are hot.
While the focus of the Q4 is around the rear tire, the front provides decent feel under trail braking, though it lacks those last few percentages of feel and stability at full lean compared to a dedicated DOT race tire, but this is to be expected. Overall turn-in and transitions were easy enough, but the clear difference came once we compared the standard fitment to the wider and/or taller options. Whether it was on a supersport or a literbike, the slightly taller profile transformed the bike, providing lightning quick agility from vertical. Then, once knees were planted into the ground, it was easy to see how Knapp was able to achieve the 62 degrees of lean – the taller profile is tapered so aggressively and puts so much rubber down on its side, one can't help but try their own Marc Marquez elbow-down impression.
After swapping the rear tire on this Yamaha R6 to the 180/60-17, the difference in handling was immediately noticeable. Steering sharpened considerably, and the bike was eager to lay on its side.
Super fast warm-up times, cat-like agility, and massive contact patches are definite highlights of the Q4. However, a few factors kept me from being blown away by the tire like I was when I first rode the Q3. For starters, by the end of our day at Chuckwalla, the tires looked to be showing some fairly considerable wear. Granted, the assembled group of journos present did flog the bikes for a number of laps, but I imagine the hardcore track junky who can confidently run in the fast group would start to consider new hoops by about the third trackday.
More to the point, though, the Q4's didn't provide the outright grip I expected at full lean. I admit, having just recently sampled the Bridgestone Battlax R11 DOT race rubber, the bar was set quite high, but even with my lowered expectations, the Q4 left me puzzled. While I know the Q4 is basically a slick once on its side, from where I was sitting, the tire didn't communicate to me a huge contact patch was available for the taking. And once the tire started to wear, the power from a literbike was enough to overwhelm the rear (relatively) easily.
Once fitted with the 200/55-17, this Kawasaki ZX-10R was also eager to lean. Unfortunately, moments after this picture was taken, the rear lit up even though I wasn't aggressive with the throttle.
On more than one occasion, on both a Kawasaki ZX-10R and Yamaha YZF-R1, what I thought was a gentle application of power on corner exit spun the rear quickly (traction control was turned down to its lowest setting), making it difficult to control. This forced me to wait just a little longer to get the bike more upright before turning on the jets. Other testers on hand shared similar thoughts to mine, confirming my feelings. This wasn't such a problem with the supersport machines though; the reduced power meshing well with the Q4's available grip. With this in mind, Knapp's ability to lap within a few seconds of superbike times with these tires firmly reminded me how much I suck…
With that said, it's important to define what the Q4 is, and just as importantly, what it isn't. While the Q4 sits above the Q3+ in terms of track worthiness, it's below the GP-A – Dunlop's DOT racing tire. Unlike the GP-A, however, which is only available through select trackside tire vendors, the Q4 is available through any Dunlop retailer, including trackside vendors. Price-wise, Dunlop says to expect Q4 to be about 10%-15% more than the Q3+, as retailers often have vastly different pricing to what Dunlop lists as MSRP. Visit the Dunlop website for more information.
There's no doubt the Q4 can get a rider into some serious lean angle, and in many ways it's an excellent track tire. But it also leaves something to be desired, especially for those on liter-class machinery.
At the end of the day, I'm left feeling torn about the Q4. I'm very impressed with the ability to toss your tire warmers. From there, the tire's agility (if you opt for the non-standard sizes) can completely transform a bike's handling, with minimal need to adjust other settings. If you're not riding a fire-breathing motorcycle with the numbers 1, 10, or even 1200 in its name, then the Q4 could be a great track tire. But I expected a little more edge grip and communication, which held me back from pushing like I wanted. And if you're fast enough to race competitively, or ride a literbike quickly in the A group, these traits might bother you, too.
Helmet: Suomy SR Sport Carbon Dovizioso $699.95
Suit: Alpinestars GP Pro Leather Suit Tech-Air Compatible $1349.95
Boots: Alpinestars Supertech R Boot $499.95
Gloves: Alpinestars GP Pro Glove $279.95
© 2019 VerticalScope Inc. All rights reserved. 54.36.148.61

redpajama_set_name: RedPajamaCommonCrawl


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Richard Dreyfuss on Playing Kerry Max Cook
Oscar-winning actor Richard Dreyfuss talks to us about Kerry Max Cook, the Texan accused of brutal 1977 murder whom Dreyfuss played on stage.
https://www.texasmonthly.com/the-daily-post/richard-dreyfuss-playing-kerry-max-cook/
Actor Robin Williams, author Kerry Max Cook, actors Richard Dreyfuss, Cary Elwes, and Chad Lowe attend the launch party of the new book by Kerry Max Cook entitled 'Chasing Justice' on March 5, 2007 in Los Angeles, California.
Photograph by Chad Buchanan/Getty Images
Kerry Max Cook has been engaged in a 40-year struggle to clear his name of a brutal 1977 murder in Tyler. After Cook was released from death row on bond in 1997, his dramatic story—which we detailed in our April issue—became part of a popular play called The Exonerated, in which he was eventually played by many actors, including Tim Robbins, Peter Gallagher, Aidann Quinn, and Richard Dreyfuss. The role particularly stuck with Dreyfuss, the Oscar-winning star of American Graffiti, Jaws, and Close Encounters of the Third Kind, and he talked to us about why Cook's story is still so compelling after all these years.
Mike Hall: Do you remember when you first heard Kerry Max Cook's story?
Richard Dreyfuss: It was in 2002 when director Bob Balaban called me about doing The Exonerated. I read the play and was appalled and said I would do it.
MH: What was it that appalled you?
RD: It's obvious that here was a guy, Kerry, who seemed to be innocent and then underwent the most extraordinary, hideous everyday experience of punishment by all. It was like an Alexandre Dumas novel that he had to write by the reflection of a broken glass with the stub of a pencil because he was on suicide watch. And it took him so long to find a lawyer who would help him and it took so long to actually get the help and it took so long to get out and it took so long to understand the difference between getting out and getting exonerated. I thought that what he did was heroic—truly heroic.
MH: What was it about his character that attracted you?
RD: He was innocent—he was a child-like person, which made all the things that happened to him all the more terrible. He still is that child-like person, when he allows himself to be.
MH: A lot of guys on death row were tough guys before getting there—Kerry wasn't a hardened criminal.
RD: No. He stayed that way throughout his incarceration. One thing he said to me I'll never forget: When he left the prison, none of the guards said goodbye.
MH: Why do you think they wouldn't say goodbye?
RD: Because they'd compartmentalized him—not only as a killer, but as a victim—a rapee. If they'd said goodbye, it would have meant he was human enough to perhaps be valued and right. Maybe he was right—they couldn't afford to say that themselves. We as a country think when a person is incarcerated, he's guilty. When he's found guilty, he's guilty, therefore he should be punished—not just by imprisonment but by daily punishment. I've never understood where that came from—some Puritanical insanity that doesn't allow for rehabilitation or empathy.
MH: A lot of great actors have played Kerry onstage—you, Aidan Quinn, Tim Robbins, Peter Gallagher—what do you think it is that attracts actors to a part like this?
RD: It's a great role, a great story. Then you realize that it's true. Every night after the show I'd say to the audience at the end, "If any of you feel the death penalty is a good thing for society, and then you found out afterward that you'd made a mistake and the person you'd killed had been innocent of the crime, what would you be willing to do? To make an apology? To carry the financial burden for his children? What would you be willing to do if you killed the wrong man believing it was the right thing to do?" No one ever raised their hand. No one.
It's not the fact that the death penalty is cruel and unusual in its imposition. The death penalty is cruel and unusual because it's final. No system created by the mind of man is perfect. To impose the death penalty means we have perfected the ability to know guilt and innocence—and we've done no such thing. It's a lie we tell ourselves. I think prosecutors who fudge evidence, don't deliver evidence, hide evidence, knowingly distort a case for a promotion, should be arrested and sent to prison. We have the strangest sense of forgiveness for the truly guilty and no sense of forgiveness for the poor and the people who fall between the cracks.
MH: One of the problems that people in the Smith County law enforcement community have with Cook is that he was, in fact, not actually exonerated when that play was written and being performed. Did that ever bother you?
RD: It doesn't give me pause at all. It's a technicality the people up in that county in the judicial system bring up. He did the right thing [by taking a 1999 no-contest plea bargain to stay out of prison] and did it when he could. And he didn't participate in any uprisings or violent acts against the state while he was incarcerated. He endured the unendurable—and got out. The rest of it is cheap talk by people who weren't in his shoes.
MH: Did you hear about the hearing this summer in which he was exonerated? Afterword, Cook felt betrayed by the deal his lawyers had made and fired them. He thinks that, because this deal prevented his prosecutors from actually being questioned in court, they will never be held accountable for what they did. What do you think about this?
RD: I'm in Kerry's corner. I'm glad he took the action he did and I know how his lawyers must feel—they worked so hard for him and he let them go. But it's his life and his name. He's right to keep fighting. He has the right to be enormously, ruthlessly angry every morning he wakes up. The fact that he is not is a testament to his character. And I hope he doesn't feel alone, because he's not.
MH: Kerry is 60 now and this case has dominated his life for 40 years. What do you hope for him?
RD: I hope he finds some peace. Inner serenity. It's interesting, we can say now that 40 years of his life have been dedicated to this, 40 years of his experience of life was this hell. But tomorrow he could find something like strumming guitars or singing or carpentry that he loves to do. And it'll all be an anecdote, a memory. I wish him the ability to find a passion for himself that has nothing to do with his past, something he loves to do.
IJustWantTruth
A person could dedicate their life to untying the knots that lead to wrongful convictions. For the life of me, I can't imagine the smallest justification for allowing prosecutors the legal space to commit deliberate acts which lead to someone's unjust incarceration. It should be a felony to do something or fail to do something you know would imprison another falsely. That it's not a felony is a dark mark on the soul of our free nation.
In general, the single most needed reform in the criminal justice system is enhanced transparency from end to end. Instead, today we have a closed system that is nearly impossible to breach and obtain basic case facts. What's needed is business process analysis used in corporate America. Collect the wrongful convictions, examine them for root cause, pull out the unreliable processes, reengineer them and put them back into the system.
Margietbedgood
Google is paying $97 per hour! Work for few hours & have longer with friends and family! !ft13c:
On monday I got a great new mclaren f1 from having earned $12778 this last four weeks.. 3 to 5 hours of work a day… Weekly paychecks… Bonus opportunities…Its the most-financialy rewarding I've had.. It sounds unbelievable but you wont forgive yourself if you don't check it
!ft13c:
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Carolgferguson
Google is paying 97$ per hour! Work for few hours & have longer with friends and family! !dk182c:
On tuesday I got a great new Land Rover Range Rover from having earned $8752 this last four weeks.. Its the most-financialy rewarding I've had.. It sounds unbelievable but you wont forgive yourself if you don't check it
!dk182c:
➽➽;➽➽ http://GoogleFinancialCashJobs472ShopActiveGetPaid$97/Hour… ★★★✫★★★✫★★★✫★★★✫★★★✫★★★✫★★★✫★★★✫★★★✫★★★✫★★★✫★★★✫★★★✫::::::!dk182c:….,……
I've known Kerry Max Cook and his loving wife and child for the last sixteen years. He is a decent, honorable and honest soul. If anyone has ever deserved to be declared actually innocent it's Kerry.
I have read every page of his trial transcripts and reviewed every piece of evidence on his record. I looked hard. And I could find nothing in any of the documentation to contradict that point of view.
In 1996 The Texas Court of Criminal appeals concurred. They overturned Kerry's conviction saying that "prosecutorial and police misconduct has tainted this entire matter from the outset."
Kerry endured brutal rape and torture for twenty years. Continuously fighting all the while to be declared innocent.
He was finally released after extensive DNA evidence at the crime scene revealed not one piece of Kerry's.
And yet he continues to live his life under the continual stigma of a brutal rape/murder conviction. The campaign of lies used successfully by the prosecution to convict him in 1978 lives on to this day.
Kerry has struggled to be declared innocent for nearly forty years. He was offered his release from death row several times if he would only confess to committing a murder he didn't commit. He steadfastly refused every time. Risking death to protect and preserve his innocence.
Nothing will ever replace those lost years. But clearing Kerry's name would be a good start to helping him reclaim his life.
I respectfully beg the court to seriously consider his plea for actual innocence. I believe you'll be making a tragic mistake if you don't.
– Bob Balaban
Bryan Simmons
There are some goddamned judges (former and present), prosecutors (former and present) and law enforcement officers (former and present) in Smith County, Texas who should be sitting in a dark cell for a very long time for the criminal misconduct they committed, both by omission and commission, in Kerry Max Cook's case. And I will not fail to leave out the general lethargy of my brethren in the local defense bar about this case. Many of them have turned their backs on this egregious injustice right there in front of their damned eyes for decades now – certain of them actively participating in the conspiracy itself – and you know who you, are, sir and madam! Meanwhile the probable killer has lived a nice comfortable life into his eighties. Where the hell is the outrage for Kerry Max AND the murder victim? Those bastards running that Republican Banana Republic had better hope there's no such thing as hell in the afterlife. Things would be mighty warm for many of those hypocritical bastards – a majority of whom pollute the many local churches of Tyler, Texas pretending to be Christians most Sundays. They better hope there's no God because I have a feeling that they got some 'splainin' to do…
Introducing Texas Monthly Audio Books
By Tim Taliaferro
Why There Are So Many More Animals on Planes Over the Holidays
By Doyin Oyeniyi
The Dallas Mavericks Now Play in China as the "Lone Ranger Heroes"
What The Betting Odds on Amazon HQ2 Really Tell Us
Meanwhile, in Lufkin… December 2017 Edition
By Sonia Smith
Sea Turtles Are Getting Hypothermia, and Texans Are Saving Them
How to Deal With Below-Freezing Temperatures in Texas


text:
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redpajama_set_name: RedPajamaGithub


text:
Veľký Krtíš er en by og kommune i distriktet Veľký Krtíš i regionen Banská Bystrica i det sydlige Slovakiet. Den ligger kun 210 kilometer fra den slovakiske hovedstad Bratislava. Byen har et areal på 15,03  km² og en befolkning på  indbyggere.

Referencer

Eksterne links

Byer i Slovakiet

redpajama_set_name: RedPajamaWikipedia


Edizioni Arteimmagine wrote the first Official monograph about Horacio Pagani history and Zonda.
The idea of realizing a monograph on the history of Zonda and its creator was conceived during the first meeting between Roberto Morelli and Horacio Pagani. The genesis of such monograph was quick as its development was slow. Ten years of work were needed to bring such project into being, between pauses and second thoughts. A complex evolution which witnessed the birth of Zonda's several versions and which had the opportunity to avail itself of the precious contributions of some of the car history's main protagonists, including Gian Paolo Dallara, Paul Frère, Gordon Murray and Valentino Balboni.
Pagani, the Story of a Dream. Buy it here.


5 Factors that Must be considered for Assessing the Future Personnel Needs in an Organisation.
The primary purpose for forecasting manpower needs is to prepare for employment, training and development of human resources as the need arises. Forecasting has become very important due to organizational requirement for more skilled personnel which are in short supply.
In the forecasting process, organizations need to consider past use of human resources, future organizational plans and general economic trends. Large organizations use sophisticated econometric models and computer software for forecasting their future need for human resources.
The growth rate can be calculated from the past trends on the assumption that all variables affecting this growth will remain constant.
The budget allocation, specifically for the purpose of new employees will determine the number of new workers that can be hired, thus putting a ceiling on the maximum number.
This turnover of employees may be due to retirement, transfers, and promotions, termination of service or death. Some of these numbers can be calculated to some extent accurately, in advance by taking information about individuals. The turnover due to retirement and promotions can be more accurately forecast by preparing profiles for personnel who may be up for retirement, promotion or transfer in the near future.
With continuous technological developments, innovation and automation, the personnel needs are constantly changing. At many places, computers are either replacing workers or reducing their numbers. The type of new technology introduced would determine the number as well as qualifications of the people that may be hired or transferred.
The goals established by the organization about hiring minorities or the handicapped, as a part of the affirmative action policies may affect the demand for the total number of employees, especially when it is difficult to match the skills of such minority workers to the specific job requirements.
5 Basic Types of Conflict Situations found in an Organisation – Explained!


text:
Call My Agent
Euro TV Premieres in Jan 2019: Chefs, Call My Agent, Lord & Master & More
Bonne année! 2019 brings several new and returning French series to telly in the US, plus the finale of a fun Dutch mystery and the premiere of a dark German comedy.
Linda Jew December 31, 2018 comedy, comedy-drama, crime drama, drama, dramedy, Dutch, Euro TV premieres, French, German, Italian, mystery, thriller Read more
Euro TV to Watch: French Shows for Bastille Day
Bastille Day, aka le 14 Juillet, is tomorrow, so let's celebrate France's national holiday with champagne, fabulous food, good friends, and some French telly!
Linda Jew July 13, 2018 adaptation, comedy, crime drama, drama, Euro TV to watch, French, historical drama, mystery, period drama, political drama, spy drama, supernatural Read more
22 New & Returning Euro TV Series That Will Stream on Netflix US & UK
Netflix has got it going on in Euro TV, with 22 new and returning series headed to the streaming service this year and next.
Linda Jew March 19, 2018 July 1, 2018 adaptation, Belgian, comedy, crime drama, Danish, documentary, drama, Dutch, Euro TV news, fantasy drama, French, German, historical drama, Italian, musical, mystery, Norwegian, period drama, Polish, Russian, sci-fi, Spanish, supernatural, Swedish, thriller, Turkish Read more
Favorite Euro TV Premieres of 2017 (and 2016 too)
Some of the best international TV shows on the planet premiered in the US and UK last year, and the ones I thought were fabulous are numerous.
Linda Jew January 15, 2018 July 12, 2018 Belgian, comedy, crime drama, Czech, drama, Dutch, fantasy drama, Flemish, French, Icelandic, Irish Gaelic, Italian, mystery, noir, Nordic noir, Norwegian, Russian, sci-fi, Spanish, Swedish, thriller Read more
Euro TV to Watch: Brilliant French Comedy-Drama "Call My Agent!"
The wait for Season 2 of Call My Agent!, which premiered yesterday in the US and UK, was so worth it. Now begins the wait for Season 3 to arrive.
Linda Jew November 3, 2017 July 1, 2018 comedy, drama, Euro TV to watch, French, premiere Read more
Euro TV to Watch in Nov 2017: Call My Agent, Nero Wolfe, Rebecka Martinsson, Thou Shalt Not Kill & More
Oh, how fitting! Eleven new Euro TV program premieres in the US for the eleventh month of the year. (I wonder if this means anything significant in numerology.)
Linda Jew November 1, 2017 July 1, 2018 adaptation, comedy, crime drama, drama, Dutch, Euro TV to watch, French, Icelandic, Italian, mystery, noir, Nordic noir, premiere, Swedish, thriller Read more
Crouching Tiger, Hidden Dragon - Ang Lee


At Integratech we are committed to providing an excellent level of service to our clients. This requires always having the best staff for customers to relate to and build lasting relationships with.
On this page you will find profiles of some of our customer-facing staff members.
Duties: Working with the sales team, working relationships with suppliers, Avaya telephone system specialist, sourcing of products.
Number of years in IT: 26 years.
Top tip: Working closely with us.
First Computer: My father's ZX Spectrum. The first one I bought was a Commodore 64.
If I wasn't in IT I'd be: Probably dead!
Before I worked in IT: I was an agricultural engineer.
Best thing about Integratech: Everything! – A fantastic team, excellent customers and great supplier partnerships.
Favourite pastimes: My wife says doing research on computers at home, however for me, spending time with my family and friends, swimming, shooting, and sailing are right at the top of my priorities- not forgetting a good tasting pint of beer!
Duties: Control of company finances and operational activities, business strategy development, overseeing SAP implementations, business process design, MS SQL, and business intelligence.
Number of years in IT: 24 years.
Top tip: Live everyday as if it is your last.
First Computer: ZX81 with a massive 16kb RAM upgrade!
If I wasn't in IT I'd be: Flying fighter jets for the RAF.
Before I worked in IT: I was in retail management.
Best thing about Integratech: Seeing our clients businesses grow due to our help. This gives me a real sense of achievement.
Favourite pastimes: I'm a big piston-head with a passion for supercars; I also enjoy clay pigeon shooting.
Duties: Project management for major installs and Sales Account Management.
Number of years in IT: 20 years.
Top tip: Work – if you can't measure it, you can't manage it, deploy Microsoft Dynamics 365 and get on top of your business.
Play – Install a Barcode scanner app on your smartphone, it will save you money when you are shopping and you want to get the best price for something.
If I wasn't in IT I'd be: An Airline pilot.
Before I worked in IT: I was a motor mechanic.
Best thing about Integratech: The exciting challenge of working for a growing company.
Favourite pastimes: I love attending motor sport events and riding motorbikes. When I am feeling really rash I like hiking.
Duties: I work with new and existing clients to establish their business needs and ensure they get the most out of their hardware and software systems.
Number of years in IT: 25 years.
Top tip: Always be honest and upfront as people will respect you more for it.
First Computer: Intel 386 SX25 with a 320MB hard drive.
If I wasn't in IT I'd be: Less stressed! No seriously I love my job and couldn't ever see myself in another industry.
Before I worked in IT: I was at college!
Best thing about Integratech: Staff morale and how we all work together as a good team.
Favourite pastimes: Football coaching, badminton and generally running around after my own two boys who take up a lot of my time, but I wouldn't have it any other way.
Duties: I work with new and existing clients to consult on IT systems and support. Following a new implementation I provide ongoing support as an Account Manager.
Top tip: Look into functionality and facts not buzz words.
First Computer: Xinix 386 server.
If I wasn't in IT I'd be: A rally car driver.
Before I worked in IT: I was at school.
Best thing about Integratech: Having a great portfolio of tried and tested solutions and the ability to take a consultative approach.
Favourite pastimes: Football, socialising at the pub and most importantly spending time with my family.
Duties: SAP Business One training and support.
Number of years in IT: Over 30 years.
Top tip: Enjoy yourself – it's later than you think!
If I wasn't in IT I'd be: A garden designer.
Before I worked in IT: I was a student studying Business Studies.
Best thing about Integratech: All the people here are so lovely.
Favourite pastimes: Sitting in the garden.


Department of Orthopedic Surgery, Ilsan Paik Hospital, Inje University College of Medicine, Goyang, Korea.
Received: May 4, 2012; Revised: July 16, 2012; Accepted: August 16, 2012; Published online: November 29, 2012.
To evaluate the efficacy of the direct arthroscopic excision of a popliteal cyst without additional skin incision using a posteromedial portal based on minimum 2 year follow-up clinical results.
From January 2003 to January 2010, 105 patients (111 cases) with popliteal cyst have been treated by a direct arthroscopic excision. Direct arthroscopic excision using a 70 degree arthroscopy and posteromedial portal can correct the valvular mechanism of capsular fold and reduce the complications with no additional skin incision at the popliteal area. In all cases, preoperative magnetic resonance imaging (MRI) was performed to detect combined intraarticular pathology. At 2 years postoperatively, a follow-up ultrasonography or MRI was performed to detect the recurrence of cysts. We used Rauschning and Lindgren criteria for clinical evaluation.
All cases had neither recurrence nor complaints of pain, swelling, or functional impairment more than 2 years after the surgery. At ultrasonography or MRI, no recurrence was found, and 5 complications were 1 skin lesion and 4 hematoma. Postoperatively, Rauschning and Lindgren criteria were more than grade 1.
Direct arthroscopic excision using 70 degree arthroscope and posteromedial portal is an effective method for the treatment of popliteal cyst.
The preferred treatment methods for popliteal cysts have been conservative. As for the symptomatic cysts, open resection has been preferred. However, open resection has resulted in higher recurrence and more frequent cosmetic problems1,2). Studies of the pathogenesis of popliteal cysts have shown that they are associated with intraarticular pathology and valvular mechanism3,4), thus, it implies that the correction of the valvular mechanism can prevent the recurrence of cysts. With recent advances in arthroscopic techniques, arthroscopic treatment for popliteal cyst could be effective for both cysts and associated intra-articular pathology3,5). The purpose of this study was to evaluate the clinical results of direct arthroscopic excision of popliteal cyst using a posteromedial portal and 70 degree arthroscope without additional skin incision.
From January 2003 to January 2010, 111 cases of 105 patients with popliteal cysts were treated arthroscopically. The patients included 24 men and 81 women. The average age was 57 years (range, 30 to 80 years). The popliteal cysts were located in the right knee in 60 cases, in the left knee in 45 cases, and in both knees in 6 cases. To evaluate the intra-articular lesions, preoperative magnetic resonance imaging (MRI) was performed in all patients (Fig. 1). At 2 years postoperatively, ultrasonography or MRI was performed again to detect the recurrence.
The main complaint of the popliteal cysts consists of popliteal pain and discomfort. Patients underwent conservative treatment for about 2.8 years. Of them, 67 patients underwent aspiration of cysts before visiting our hospital.
The criteria for the operative treatment included an MRI detected cystic lesion accompanied by symptoms associated with an intra-articular lesion, recurrent popliteal cysts after aspiration, and mass-like symptoms such as swelling, pain and limitation of motion in the knee joint.
The patients underwent arthroscopic surgery under general or spinal anesthesia in the supine position. Routine arthroscopic examination of the knee joint was performed through the standard anterolateral portal with 30 degree arthroscopy. Having examined the intra-articular pathologies in the knee joint, we fixed the arthroscopy shell, removed the arthroscopy and reinserted the closing rod. The arthroscope was redirected toward the posteromedial compartment from the anterolateral portal through the intercondylar notch with the knee at 60 degree flexion. We examined the presence of the capsular fold in the posteromedial wall by 30 degree arthroscopy and proceeded with inserting the spinal needle into the borderline which was composed of the medial collateral ligament (MCL), medial gastrocnemius and semimembranous with knee at 90 degree flexion. While inserting the needle, the knee joint was visualized by transillumination to avoid the vessel. If the position of the needle is proper, we incised the skin and made a posteromedial portal. Maintaining the arthroscopic field by 30 degree arthroscopy, a probe was inserted to find the connection opening to the cyst. We resected the capsular fold by using the shaver, arthrocare and arthroscopic scissor (Fig. 2). After excision of the capsular fold, 30 degree arthroscope was advanced into the cystic wall. To obtain a wider field of cystic inner cavity, we changed the 70 degree arthroscopy to obtain a wider operative field (Fig. 3). We kept a 70 degree arthroscopy via an anterolateral portal and an arthroscopic shaver was inserted into the cystic wall via the posteromedial portal (Fig. 4), Avoiding the tendon, vessel and nerve injury, we removed the materials like the loose fragment and band in the cystic wall completely (Fig. 5). Associated intra-articular disorders, such as tears of the medial meniscus, chondral lesions, and synovitis were then treated via the arthroscopic procedure. Once a hemo-vac drain was inserted into the space by posteromedial portal, a compressive dressing was applied. Operation time was from 20 to 40 minutes depending on the combined injury.
We removed H-vac drain 2 days after surgery. Then, partial weight bearing with crutch and active-passive motion was started. Full weight bearing was permitted from 1 week after surgery in patients who had not been treated by microfracture technique.
In all cases, preoperative MRI was performed to detect a combined intraarticular pathology. At 2 year postoperatively, follow-up ultrasonography (77%) or MRI (23%) was performed to detect the recurrence of cysts. We used Rauschning and Lindgren criteria for clinical evaluation.
Meniscal lesions were most commonly found in 67 cases (60.3%), 52 of which were medial meniscus tears. The type of tear includes degenerative horizontal tear in 44 cases and complex tear in 5 cases. In the other cases, we discovered degenerative osteoarthritis in 44 cases (39.6%), synovitis and synovial hypertrophy in 26 cases (23.4%), chondromalacia and cartilage defect of patellofemoral joint in 5 cases (4.5%), plica syndrome in 4 cases (3.6%) and loose body in 1 case (1%) (Table 1).
We found the transverse capsular fold in all the patients and the type of posteromedial wall according to Johnson classification6) was type 1 in 12 cases, type 2 in 80 cases and type 3 in 19 cases. After 2 years, all cysts were not palpated and neither could we find the recurrence of cysts on a postoperative MRI (Fig. 6). No one complained about pain or limitation in daily activities. Functional evaluation was performed using Rauschning and Lindgren7) criteria. On the clinical evaluation, all patients ended up with grade 1 (Table 2). One patient had a 1 degree burn injury at the posteromedial portal site by a shaver and 4 patients had hematoma formation, but this was resolved after compression and rest.
The principle finding of this study was that 70 degree arthroscopy improved visual field within the popliteal cyst so that we could excise the cyst wall completely, which resulted in reduced recurrence rates. Although the operative techniques of popliteal cysts differ from author to author8), arthroscopic resection is being actively attempted, as of recently9). The popliteal cyst is almost never an isolated pathology in an adult knee. An open surgical excision cannot be considered as a definitive solution in most patients. We believe that addressing the opening or rather the connection between the joint cavity and cyst is a key procedure for completely excising the cyst. Arthroscopic procedures have several benefits. They are relatively simple, allow early rehabilitation, require minimal incision, and effectively address any concomitant intraarticular pathologies, and most importantly, they can remove the opening of the cyst10). The frequency of recurrence, popliteal pain and limitation of motion after simple surgical resection11,12), as well as intraoperative position change following the simple surgical resection, lead to such change in the therapeutic strategy.
Reportedly, the causes of popliteal cyst include trauma, osteoarthritis13), rheumatoid arthritis2,14,15), meniscal tear5,16), and loose body. Johnson et al.6) described the frequency of injury in the medial meniscus tear as 68%, in osteoarthritis as 81%, in loose body as 38%, in edema as 35%, and in cartilage injury of the patellofemoral joint as 30%. In our study, medial meniscal tear and osteoarthritis occurred respectively at 47% and 40% frequency, similar to that of Johnson.
With an understanding of pathogenesis that a valvular mechanism of capsular fold and continuous unidirectional flow from the joint cavity to the cyst, many authors noted that intra-articular joint pathology must be corrected during the surgery for reducing the recurrence3,5). To prevent the recurrence of cyst, Sansone and De Ponti4) reported the importance of removal of the valve and unidirectional flow. Johnson et al.6) typed cysts according to the anatomic structure of the posteromedial capsular wall. Type III has a transverse band and a comminuted hole. In the past, as a method of treating this hole, Hughston et al.17) performed a simple capsular suture, Childress16) described an augmentation using the tendon of the gastrocnemius and semimembranous. Rauschning12) performed a pedicled graft of the medial head of the gastrocnemius. However, in this method, the gastrocnemius and semimembranosus are incorporated together and the split is difficult. This can prevent precise capsular suture, and the suture site can rupture because of the increased pressure during the flexion and extension exercise of the knee joint14).
Rauschning and Lindgren7) described that the correction of joint pathology for removal of the unidirectional flow was more important than the methods of the operative techniques. Lindgren and Willen18) noted that in about 50% of normal adults, a connection exists between the knee joint cavity and the gastrocnemius-semimembranosus bursa, even without a popliteal cyst. Sansone and De Ponti4) reported that no weakness of the joint structure and no complications occur despite an enlargement of the posteromedial capsular hole. Ahn and Ko9,11) reported that the enlargement of the posteromedial connecting hole of about 5 mm could converse the unidirectional flow to the bidirectional flow. If any shift of the fluid occurs between the joint and the cyst, spontaneous reabsorption occurs because of the bidirectional flow.
Our technique is arthroscopic direct cystic excision using a 70 degree arthroscopy to obtain a more accurate operative field and posteromedial portal for resection of capsular fold and cystic wall by shaver and scissors. Our technique is different from that of Ahn's7,8,18) in the absence of additional skin incision for the insertion of the shaver, removal of a cystic wall and detect the capsular fold in the posteromedial wall while enlarging the opening. All cases had no recurrence and excellent functional outcomes more than 2 year after surgery.
This study has a few limitations. First, there was no comparison group. Second, we focused on the cyst recurrence. Therefore, we did not evaluate the various scores for clinical results.
Direct arthroscopic excision using 70 degree arthroscopy and posteromedial portal can correct the valvular mechanism of capsular fold and reduce the complications with no additional skin incision at the popliteal area. We have experienced no recurrence and excellent clinical results at the minimum 2 year follow-up.
Cho, DY, Sec, JG, Haam, YG. The management of Baker's cyst (the new surgical technique for the prevention of recurrence). J Korean Orthop Assoc, 1994;29;288-293.
Kanekasu, K, Nagashima, K, Yamauchi, D, Yamakado, K. A clinical study of arthroscopic cystectomy on popliteal cysts associated with rheumatoid arthritis. Ryumachi, 1997;37;761-769.
Lindgren, PG. Gastrocnemio-semimembranosus bursa and its relation to the knee joint. III. Pressure measurements in joint and bursa. Acta Radiol Diagn (Stockh), 1978;19;377-388.
Sansone, V, De Ponti, A. Arthroscopic treatment of popliteal cyst and associated intra-articular knee disorders in adults. Arthroscopy, 1999;15;368-372.
Smith, JT, Yandow, SM. Benign soft-tissue lesions in children. Orthop Clin North Am, 1996;27;645-654.
Johnson, LL, van Dyk, GE, Johnson, CA, Bays, BM, Gully, SM. The popliteal bursa (Baker's cyst): an arthroscopic perspective and the epidemiology. Arthroscopy, 1997;13;66-72.
Rauschning, W, Lindgren, PG. Popliteal cysts (Baker's cysts) in adults. I. Clinical and roentgenological results of operative excision. Acta Orthop Scand, 1979;50;583-591.
Vahvanen, V. Popliteal cyst. A follow-up study on 42 operatively treated patients. Acta Orthop Scand, 1973;44;303-310.
Ko, SH, Ahn, JH. Arthroscopic shaving cystectomy of popliteal cyst. J Korean Orthop Assoc, 2002;37;364-368.
Ahn, JH, Yoo, JC, Lee, SH, Lee, YS. Arthroscopic cystectomy for popliteal cysts through the posteromedial cystic portal. Arthroscopy, 2007;23;559.e1-559.e4.
Ko, S, Ahn, J. Popliteal cystoscopic excisional debridement and removal of capsular fold of valvular mechanism of large recurrent popliteal cyst. Arthroscopy, 2004;20;37-44.
Rauschning, W. Popliteal cysts (Baker's cysts) in adults. II. Capsuloplasty with and without a pedicle graft. Acta Orthop Scand, 1980;51;547-555.
Gristina, AG, Wilson, PD. Popliteal cysts in adults and children. A review of 90 cases. Arch Surg, 1964;88;357-363.
Fujikawa, K. Arthrographic study of the rheumatoid knee. Part 1. Synovial proliferation. Ann Rheum Dis, 1981;40;332-343.
Moore, CP, Sarti, DA, Louie, JS. Ultrasonographic demonstration of popliteal cysts in rheumatoid arthritis. A noninvasive technique. Arthritis Rheum, 1975;18;577-580.
Childress, HM. Popliteal cysts associated with undiagnosed posterior lesions of the medial meniscus. The significance of age in diagnosis and treatment. J Bone Joint Surg Am, 1970;52;1487-1492.
Hughston, JC, Baker, CL, Mello, W. Popliteal cyst: a surgical approach. Orthopedics, 1991;14;147-150.
Lindgren, PG, Willen, R. Gastrocnemio-semimembranosus bursa and its relation to the knee joint. I. Anatomy and histology. Acta Radiol Diagn (Stockh), 1977;18;497-512.


This module is designed to be the fallback module, if you don't have configured an authorization module like mod_authz_user or mod_authz_groupfile. It simply rejects any authorization request.
Setting the AuthzDefaultAuthoritative directive explicitly to Off allows for authorization to be passed on to lower level modules (as defined in the modules.c files).
Normally there are no lower level modules, since mod_authz_default is defined to be already on a very low level. Therefore you should leave the value of AuthzDefaultAuthoritative as default (On).


The latest edition to the Green product range, a single pole pyramid tent with a secret up it's sleeve. When you're sleeping soundly or out for the day keep everything zipped up and you have a super stable pyramid tent that can hold of even the heaviest weather. When you're up and about a zip, a pole and a peg later and you have a great canopy to sit out under, cook your breakfast or light up a small campfire.
We are extremely proud to say our Bush Shelter is now made in the UK using materials sourced in the UK and Europe.
This product is currently being re-developed in co-operation with our new European factory. We're working hard to get all the products back in stack as soon as possible. Please check back soon for details of the new improved Bush Shelter.


text:
LeBron says Cleveland's head coaching hire had no effect on his decision to return to Cavaliers
By Brett PollakoffOct 5, 2014, 12:30 PM EDT
The Cavaliers reached an agreement to hire David Blatt as the team's new head coach on June 20, well in advance of the NBA's free agency period opening on July 1.
It was reported at the time that by Cleveland hiring someone unproven in the NBA (though very successful overseas), their chances of landing LeBron James in free agency were diminished significantly.
As it turned out: Nope.
From Dave McMenamin of ESPN.com:
"Him being here, it wasn't part of my process of coming back," James said after practice Saturday night. "Obviously, I was excited once I made the decision to get to know him, get to know what he's about and it's been good so far." …
James said he first became aware of Blatt's accomplishments when Blatt coached the Russian national team to a gold medal over Spain in the FIBA EuroBasket 2007, but added that he feels like he can work with any coach regardless of how impressive or pedestrian their past might be.
"I'm coachable," James said. "I'm very coachable, so it never really mattered to me. I don't go into it saying I know it all. Every coach and every guy has his own system, has what he believes in. So, I'm a very coachable guy. I believe I can help as well. I have a high basketball IQ, as well, I think. But as far as picking a team or going somewhere because of a coach, it's never been my thing."
The more you hear LeBron speak about his reasons for returning to Cleveland, the more ridiculous that initial report becomes.
James had always planned to come back to play for his home town Cavaliers; the only question was when. Once Miami got crushed in the Finals and was unable to improve much in the early days of free agency, his timetable for doing so was rapidly sped up.
Coaches come and go in the NBA, and players simply cannot get too attached. Most of the Warriors, for example, weren't at all happy to see Mark Jackson go at the conclusion of last season, but will embrace the new direction that Steve Kerr brings — mainly because they don't have much of a choice.
Taking a look at the totality of an organization — from ownership's willingness to spend, to the experience of the general manager, to the respectability of the head coach — makes complete sense for most players when choosing a destination as a free agent. For James, however, it wasn't about any of that; it was simply about coming home.


Preeminent axe magazine Guitar World has just shared a new stream of the remastered version of PENTAGRAM's classic track "Lazy Lady," taken from the forthcoming Relapse reissue of First Daze Here. Hear "Lazy Lady" now at this location.
PENTAGRAM's most popular and influential material since its Relapse resurrection fifteen years ago can be found in First Daze Here, a collection of the band's earliest works that has been out-of-print for years and will now finally see a new reissue via Relapse this coming June. Its companion First Daze Here Too, a 22-track collection of unreleased studio recordings and live rehearsals from the early '70s, will also see its first reissue since going out of print several years ago.Both reissues have been newly remastered and include in-depth liner notes from founding PENTAGRAM member / original drummer Geof O'Keefe along with gorgeously revitalized layouts. CD Version of First Daze Here includes a vinyl-shaped CD featuring the two newly remastered versions of the infamous Macabre 45! The original mix of the long-lost 45 will also see its first-ever vinyl pressing for this reissue, and is available in the deluxe First Daze Here / First Daze Here Too bundle or along with the Bone White / Gold Merge LP of First Daze Here.
PENTAGRAM are currently on the road with Wax Idols and King Woman! The band will also be performing at Psycho Las Vegas this August – check out a full list of dates below.


smilingrid: orange you in love?
Before leaving school, my roommates and I set up a clothing swap for those pieces we hadn't worn all year. A chair in our common room was completely taken over by tops, bottoms, and outerwear that we'd outgrown or lost interest in. I was lucky enough to pick up this b-e-a-utiful Free People blazer of Kitty's!
My mama and I went to the mall to search for an outfit for John's graduation. Luckily for me, she was willing to help me take some pics... and took far fewer than my dad, which would have been a wee bit awkward in the highly public/visible backdrop.
Momma says it's a first-day-of-internship outfit- what do you think? Will I make a good first impression?
AH! I'm so in love with this blazer, especially with the beading and incredible detail. I just know this lovely piece is going to get a lot more wear- so, a HUGE thank you to my darling best friend and the first owner of my new favorite blazer, Kitty! Love you AND your style!