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csk 2014 matches
Robin Uthappa IPL price The Chennai Super Kings (CSK) is a franchise cricket team based in Chennai, India, which plays in the Indian Premier League (IPL). South Africa Women v Pakistan Women, 2021, CSK vs KXIP, 3rd Match, Indian Premier League 2014, Chennai Super Kings won the toss and opt to bat, Richard Illingworth, Chettithody Shamshuddin, © 2021 Cricbuzz.com, Times Internet Limited. IPL 2014 Highlights, Qualifier 2 CSK vs KXIP: Centurion Virender Sehwag Fires Kings XI Punjab to Maiden Final Virender Sehwag's 58-ball 122 helped … Share: Written By: ... MS Dhoni-led CSK will look to keep the winning momentum going after a comfortable win in their last match against ... Wahab Riaz and Imran Ali have been successful in the qualifying matches. Check our IPL T20 2014 astrology prediction for Chennai Super Kings Vs Royal Challengers Bangalore and add fun to your IPL 7 experience! Chennai Super Kings have defeated Sunrisers Hyderabad in 9 out of 12 CSK vs SRH matches.. Players with international caps before the start of the 2014 IPL season are listed in bold. Their first match was in 2013. https://www.iplt20.com/video/18247/m59-kxip-vs-csk-match-highlights Still, the Chennai-based franchise released him from their squad before the 2014 season. Chennai Super Kings take on Mumbai Indians with the winner going on to play against the loser of the Qualifier for a shot at the title. In the first league match KXIP won by 6 wickets. They were one of the eight teams that competed in the 2014 Indian Premier League. IPL 2014 Free Live Streaming Online: Mumbai Indians (MI) vs Chennai Super Kings (CSK) Match 33 of IPL 7 Catch free live streaming of the Mumbai vs Chennai, IPL 2014 match here By CricketCountry Staff Champions League T20 2014; CLT20 2014: Match between CSK and Lahore Lions called off due to rain. The 2014 season of the Indian Premier League, abbreviated as IPL 7 or Pepsi IPL 2014, was the seventh season of the IPL, a professional Twenty20 cricket league established by the Board of Control for Cricket in India (BCCI) in 2007. They were captained for the seventh season in succession by Indian skipper Mahendra Singh Dhoni. They were one of the eight teams that competed in the 2014 Indian Premier League.They were captained for the seventh season in succession by … csk squad 2014 May 10, 2014 May 18, 2014. CSK have dominated their opponents clearly, but KKR have struggled to finish off games in their grasp which clearly puts them on the back foot even before the match. The UAE leg of IPL 7 will see 20 matches while Indian fans will be able to watch 40 matches in India beginning May 2, 2014. Chennai Super Kings won the toss and opt to bat . Horary No. This was a must-win match for SRH in the last stages of the league phase and Warner kept him team in the chase for a playoff spot with his knock. The Chennai Super Kings vs Rajasthan Royals matches have produced some of the greatest, most entertaining Indian Premier League moments, much to every T-20 cricket fan's delight. Dwayne Smith and Brendon McCullum were in fine form for CSK in the UAE with the former collecting 240 runs and the latter, 193 runs. RCB. So far, Uthappa has played 189 matches in domestic cricket's biggest extravaganza. Matches Results Videos Video Hub Highlights Magic Moments Interviews Press Conferences All Videos Points Table Stats By Season All Time ... M20: RCB vs CSK – Match Highlights. › Series › IPL 2014 › News IPL 2014 playoffs: KXIP's Glenn Maxwell remains threat against CSK in qualifier 2 Punjab managed to win both the matches during the league matches against Chennai. In the second match it again won by 44 runs. Glenn Maxwell was in imperious form in the UAE leg of IPL 2014. Follow indian premier league on WordPress.com Recent Comments Recent Posts. Time. MATCHES SL vs ENG - Preview BAN vs WI ... CSK vs KXIP, 3rd Match, Indian Premier League 2014 . MATCHES AFG vs IRE - Live ADS vs BRH ... Indian Premier League 2014 Venue: M.Chinnaswamy Stadium, ... RCB vs CSK, 53rd Match, Indian Premier League 2014 . The Qualifier will be played at Raipur. : 200 Date of Judgment: May 23, 2014 Time: 13:12 The CSK team is led by namma captain, Thala Dhoni The retention left them with a purse of INR21 crores to spend at the auction. The two teams faced off each other in 2 league matches in 2013. Date. CSK and MI met 3 times in IPL 2014. Full Schedule » IPL Standings 2014. Find out more in our, Bangladesh primed for cleansweep against rattled West Indies, Live Cricket Score - Sri Lanka v England, Galle, 2nd Test, Day 3, Deonarine among 44 USA players listed to audition for Oman tour, After coach's resignation, Mumbai selector Ankola seeks permission to pick Vijay Hazare probables, Kapp, Khaka seal series for SA after Riaz scare, South Africa wear black to make men see the light. Founded in 2008, the team plays its home matches at the M. A. Chidambaram Stadium in Chennai. Sunrisers Hyderabad and Chennai Super Kings have competed in 12 matches in IPL. CSK vs RCB, Ranchi, May 18, 2014 Image "Probably one of the most difficult pitches I have ever played on," said ABD after he was adjudged the Man of the Match for … CSK won by 15 runs IPL 2014: Match Between CSK and KXIP. The first two matches are for the league. Matches. Founded in 2008, the team plays its home matches at the M. A. Chidambaram Stadium in Chennai. In the IPL 2013 edition, CSK and DC have played 2 league cricket T20 matches. This is the official page of Chennai Super Kings, an Indian Premier League franchise cricket team based in Chennai. Hussey played for the Mumbai Indians in 2014, but in 2015, he returned to the MS Dhoni-led squad and finished his career with a decent performance in the yellow colors. Chennai Super Kings currently one of the most popular teams in Indian Premier League. At the auction, the franchise bought the likes of Brendon McCullum, Dwayne Smith, Faf du Plessis, Ashish Nehra, Mohit Sharma among others. Venue. PLAYER IPL MATCHES RUNS WKTS. Published 30 Apr 2014… IPL Venues 2014. The Super Kings reached the play-offs of the 2014 IPL, and qualified for the 2014 Champions League Twenty20. All rights reserved |, We use cookies to improve your experience on our site and to show you non-personalized ads. Question: Whether CSK will win this match or not? He had won the Orange Cap award in 2013, aggregating 733 runs in 17 matches. The tournament featured eight teams, one fewer than in 2013 after the withdrawal of the Pune Warriors India, and was held from 16 April 2014 to 1 June 2014. Since then, he has represented Royal Challengers Bangalore (2009-2010), Pune Warriors India (2011-2013), Kolkata Knight Riders (2014-2019) and Rajasthan Royals (2020). LIVE RECENT UPCOMING. The opening ceremony was held in the UAE on 15 April 2014. The KXIP batsman hit 300 runs in 5 matches, including two ninety-plus scores that came against CSK and SRH. Chennai Super Kings won all three matches including 2 league stages matches and 1 eliminator round match against Mumbai Indians. Checkout team and player details. The Chennai Super Kings have won all the league matches this time. He also hit 89 against RR in a winning cause. CSK have won the IPL thrice, under MS Dhoni; while KKR have won it on two occasions, in 2012 and 2014, both under the leadership of the Indian southpaw Gautam Gambhir. Series result: Kings XI Punjab advanced : Hours of play (local time) 20.00 start, First Session 20.00-21.25, Interval 21.25-21.45, Second Session 21.45-23.05 The CSK will be the sixth franchise Uthappa will be representing, thus reuniting him with his 2007 T20 World Cup-winning captain MS Dhoni in the side. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. 427,518; Till date, there have been 21 CSK vs RR matches, out of which the former has won 14. They won their second Champions League title after defeating the Kolkata Knight Riders by 8 wickets in the final of the Champions League. They won the first match with 93 runs margin and the other match with 8 wickets margin. TEAMS; PURPLE CAP; ORANGE CAP IPL Players 2013. IPL 2014 – Warner punishes CSK. Get Chennai Super Kings Squad Pepsi Indian Premier League, 2014 Squad details on ESPNcricinfo.com. Just like 2012 KXIP was again in a winner mode and utilized the opportunity to defeat CSK in all the matches. The Indian Premier League (IPL) 2020 will be held in the United Arab Emirates from September 19 to November 10. The star batsman has smashed 24 half-centuries and the Kerala-based cricketer also secured the prestigious Orange Cap in the 2014 season. [citation needed]. The Mumbai Indians were the defending champions, having won the 201… CSK defeated SRH in all the matches in 2013. The two teams faced off each other in a total of 3 matches. Toss. KKR to take on CSK in 2014 CLT20 opener; KKR to take on CSK in 2014 CLT20 opener IPL champions Kolkata Knight Riders will face-off with the Chennai Super Kings in Hyderabad. STADIUM CAPACITY MATCHES… The Chennai Super Kings (CSK) is a franchise cricket team based in Chennai, India, which plays in the Indian Premier League (IPL). CSK Vs MI Head To Head In IPL 2014. By: Press Trust of India ... "The Group stage matches will be played at Mohali, Bengaluru, Hyderabad and Raipur. This would be the second time for the IPL in the UAE, after the first 20 matches of the tournament were staged in Dubai, Abu Dhabi and Sharjah in 2014 because of the general elections in India. The Chennai Super Kings (CSK) are a franchise cricket team based in Chennai, Tamil Nadu, which plays in the Indian Premier League (IPL). The highest score by an SRH player in matches against CSK – a punishing 90 from Warner – led SRH to a rare victory over CSK in 2014. Reached play-offs, ended up third in the table, Qualified for 2014 Champions League Twenty20, Champions of the 2014 Champions League Twenty20, https://en.wikipedia.org/w/index.php?title=Chennai_Super_Kings_in_2014&oldid=991635123, Creative Commons Attribution-ShareAlike License, Top 4 teams were qualified for the playoffs, This page was last edited on 1 December 2020, at 02:04. Date. Before the players mega-auction in 2014, the Super Kings retained five players: Mahendra Singh Dhoni, Suresh Raina, Ravindra Jadeja, Ravichandran Ashwin and Dwayne Bravo. CSK Vs RCB astrology prediction is here at AstroSage. The former KKR batsman scored 660 runs in the 2014 season. In the next year that is 2014 both the teams won one match each. In IPL 2014 also, the CSK team won both the league matches which they played against the DC team. 2014 also, the team plays its home matches at the M. A. Chidambaram Stadium in Chennai the team. 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Medication is provided to patients diagnosed with active or latent Tuberculosis. Clients diagnosed with TB are treated through Direct Observed Therapy (DOT) system. TB Clinic provides services for TB prevention and control through expanded outreach services to individuals of identified populations who have TB or who are at high risk of contracting or developing TB throughout a defined service area. Related education, counseling, testing for special populations, and pharmacy services are also available. All of our patient's information is kept confidential.
Tuberculosis (TB) is caused by a bacterium called Mycobacterium tuberculosis. The bacteria usually attack the lungs, but TB bacteria can attack any part of the body such as the kidney, spine, and brain. If not treated properly, TB disease can be fatal. Not everyone infected with TB bacteria becomes sick. As a result, two TB-related conditions exist: latent TB infection and TB disease.
TB is spread through the air from one person to another. The TB bacteria are put into the air when a person with TB disease of the lungs or throat coughs, sneezes, speaks, or sings. People nearby may breathe in these bacteria and become infected.
(TB) is caused by a bacterium called Mycobacterium tuberculosis. The bacteria usually attack the lungs, but TB bacteria can attack any part of the body such as the kidney, spine, and brain. If not treated properly, TB disease can be fatal.
Latent TB infection and TB disease can be treated. TB disease treatment is provided by using directly observed therapy (DOT) which is recommended by the Centers for Disease Control and Prevention. If TB disease is not treated it can be fatal. Latent TB treatment is provided as well, which reduces the risk that the TB latent infection will progress to TB disease.
Symptoms of TB disease in other parts of the body depend on the area affected. People who have latent TB infection do not feel sick, do not have any symptoms, and cannot spread TB to others.
People with latent TB infection have TB bacteria in their bodies, but they are not sick because the bacteria are not active. People with latent TB infection do not have symptoms, and they cannot spread TB bacteria to others. However, if TB bacteria become active in the body and multiply, the person will go from having latent TB infection to being sick with TB disease. For this reason, people with latent TB infection are often prescribed treatment to prevent them from developing TB disease. Treatment of latent TB infection is essential for controlling and eliminating TB in the United States.
Patients must bring their Medicaid and/or Medicare documents and a referral letter from a physician is required for those with no insurance. The cost for services is based on a sliding fee scale. We accept insurance and credit/debit cards for payment.
Control the spread of Tuberculosis (TB) in El Paso County by prompt identification and appropriate treatment of persons infected with TB and identification and treatment of persons or groups at highest risk of progressing from latent TB to active disease and spreading disease.


Is it not that the more fragmented life is, the more people like to pursue something "grand"?
when I just started the audit, I was arranged to do the test of the salary salary. At that time, I didn't understand very well….
Why not use leek for greening lawn?
Think about it, marriage is really a "muddled account".


Over the last couple of weeks you might have noticed, like I did, that Specialized and Mavic have got their corporate chequebooks out and bought some more speed.
It amused me as it's what us punters talk about doing – credit card speed but as well as giving me a bit of a chuckle, I think there are some interesting angles on both of these transactions. But please note, this post is pure opinion, so keep that in mind as I share some of my thoughts.
Firstly, Specialized. At a simplistic level Specialized is one of the giants of the bike industry, they're a big ambitious and aggressive company. They also have a pretty intense rivalry with another giant of the marketplace: Trek, and one of their most recent battlegrounds has been in aero.
Bontrager (Trek's component brand) have also forged a strong reputation for their Aeolus aero wheel range, which has recently been updated. Specialized have Roval but I've personally never seen an article or a review which has suggested that they're near the cutting edge of performance. In fact Roval always seemed an odd acquisition to me but that's another blog post.
So it made a lot sense to me when I read that Specialized have licenced some of HED's rim technology. In fairness it looks like it stems from the new Roval wheels for the Venge being very close to HED's patent.
I think deal/solution is a smart & pragmatic move that is good for both companies. Specialized needs a bit of step change in its aero wheel line and this should help shortcut the path to new and faster wheels that at the very least put it back on par with some of the leading brands.
It also makes perfect sense for HED. Since the untimely death of Steve Hed back in 2014, I've wondered where that would leave the company in terms of new designs. Steve was acknowledged as a pioneering engineer whose designs helped create the aero wheel market we have today. With him sadly not around, it probably makes perfect business sense for the remaining HED shareholders to see some of their patents and designs licensed to bring more money into the business. At the least it gives them some time and funding to invest in new designs themselves. It also sets a precedent that if Specialized got very close to one of it's patents and have paid up to use it, that other brands might do this too.
As I said, I think it's a smart move that I hope will also lead to new products in time. I wouldn't be at all surprised if Specialized had also discussed an option to buy HED outright at some point in the future. HED could fit very well in the Specialized business.
In some respects the announcement that Mavic have acquired Enve is a similar situation. Anyone who's been talking about wheels over the last few years has watched and wondered why Mavic have seemingly sat on their hands and watched other brands eat their lunch in the performance aero market.
Part of the reason is that Mavic's existing wheel range has a good reputation and sells extremely well. If it's not broken, don't fix it or something like that. Mavic's v-shaped Cosmic rims are tough, ride well and are fast if there isn't a lot of sidewinds. I've owned a pair and it's still one of my most read reviews. I enjoyed owning them but even then the game was moving on…. but Mavic never really did. I see Mavic as an old school road cycling brand and it almost felt like they thought the aero thing would blow over. It didn't though and as time went on Mavic wheels have fallen off the shortlist of anyone wanting the very best aero performance.
So how could they fix that? They certainly have the wherewithal to invest in R&D (frankly they could have hired Simon Smart as ENVE did), hire new engineers and develop a cutting edge line of new Mavic aero wheels. Instead they decided to buy ENVE outright as a specialist high end supplier. I think this is a really smart move for a number of reasons. Firstly, as I mentioned the Mavic wheel line is well defined, known and respected. It also sells very well. Mavic are a major global business with a huge dealer network and buying ENVE gives Mavic, their reps and dealers a new high-end brand to sell. So Mavic can take what ENVE have achieved and scale those sales globally. I think the folks at the ENVE factories are going to have to make a bunch more product probably pretty quickly as Mavic scale up ENVE sales around the world.
I also think it's a smart move as it enables Mavic to turn ENVE into their Lexus, the high end, premium companion brand that they can trickle down tech into the Mavic range as the choose too. It's my opinion that this is just as much at the heart of why they just spent $50m on ENVE.
A final reason this deal is a good thing for Mavic as it brings a lot of carbon fibre expertise directly into the Mavic family. Mavic have always been strong with aluminium but not so convincing with carbon – this should change that.
It's been an interesting couple of weeks – I hope you've found this interesting. Please feel free to leave comments if you wish to.


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Earth's 'Rarest Geological Sample' Could Tell the Future of Greenland's Ice Sheet
A new study shows that the ice sheet could be much less stable than we should hope.
by Sarah Laskow December 7, 2016
Earth's 'Rarest Geological Sample' Could Tell the Future of Greenland's Ice Sheet
Near the head of Allison Glacier near Kullorsuaq, western Greenland. Margie Turrin/Lamont-Doherty Earth Observatory
It took five years to drill down to the bedrock beneath the sheet of ice covering Greenland. Down and down and down the exquisitely engineered drill went, through almost two miles of ice, until it came close to the bedrock, where the ice grew rougher with pebbles and rocks.
This was back in 1993, during the most ambitious ice core drilling project that had ever been tried. There were two parallel projects, with sites just a few miles apart, one run by an American team and the other by an European team, collecting cores that could be compared to one another. Only, when they closed in on the bedrock and the rocky ice started to destroy the endlessly designed drill crowns, the Europeans pulled back.
"And the Americans decided to slam that thing into the bedrock," says Joerg Schaefer, a paleoclimatologist at Columbia University's Lamont-Doherty Earth Observatory. That's how they ended up with a five foot sample of Greenland bedrock, which Columbia calls "perhaps earth's rarest geologic sample: the only bit of bedrock yet retrieved from the ice sheet's base."
The bedrock samples. Schaefer et al Nature 2016
All those years ago, the American scientists already had an idea of why they might want the bedrock sample. When cosmic rays—radiation from outer space—hit the Earth, they produce neutron showers that fall to the ground and make very specific radionuclides in the first few feet of the ground. Ice, though, stops that from happening. If those particles made by cosmic rays could be measured in the Greenland bedrock, they would reveal how long it had been since that bit of land had been clear of ice—when the massive Greenland ice sheet had last melted away.
When the bedrock was first retrieved, though, the techniques for measuring those particles were not refined enough to reveal the ice sheet's history. A pilot analysis in the '90s showed that the particles scientists were looking for, isotopes of beryllium and aluminium, were present in the bedrock. At some point, this piece of land had been exposed to the sky. "But they couldn't tell for how long and when it was ice free," says Schaefer.
When he first came to the United States from Europe, Schaefer started working—"out of geochemical geek-ness"—with Robert Finkel, a pioneer of beryllium analysis and one of the scientists who did the pilot analysis, on refining methods for measuring these isotopes. Finally, after many years of work, they were convinced they could measure the very faint signals they might find in the world's only bedrock sample from under the Greenland Ice Sheet.
The Greenland Ice Sheet. Hannah Grobe
Before they could try, though, they had to convince the sample assignment committee who oversees the ice core to let them have part of it. That took a year. They had to prove that their techniques were good enough that they'd be able to measure the small amounts of isotopes they'd be looking for. "I appreciate it in hindsight," says Schaefer. "It was a pain in the neck, but you cannot just give these samples out and then they are gone." Because, in this case, using the samples meant destroying them.
The beryllium and aluminum isotopes that Schaefer and his colleagues were looking for are contained in quartz. To measure the isotopes, first the scientists crush the rock and take the quartz out. After they decontaminate the quartz, to make sure any signal they measure is the signal they're looking for, they digest it in acid, in order to isolate, using these highly refined chemical methods, the isotopes they are interested in. To actually measure the isotopes, they use mass spectrometers married to particle accelerators, machines so expensive, rare, and specialized that the team used one machine, at Lawrence Livermore National Laboratory, to measure the beryllium isotopes and another, at Purdue University, to measure the aluminum.
What they found, when all this was done, more than 20 years after the bedrock was first collected, was that for large parts of the Pleistocene, which stretched from about 11,700 years ago back and back and back to 2.6 million years ago, much of Greenland had no ice sheet covering it. (Their results are published in Nature.) Compared to some models for the ebb and flow of the ice sheet, their data shows that the ice sheet is much less stable than some people thought—and less stable than we all should hope for.
If the Greenland ice sheet melts away, it means the oceans of the world will rise more than 7 meters. That's more than 22 feet of sea level rise, when even half that would change the shape of the places we live, putting large sections of coastal cities underwater. If the ice sheet is less stable than scientists thought, it's more possible it will disappear as the climate changes. "You have a hard time sleeping when you think about what it is," says Schaefer. "The Greenland ice sheet has been much less stable than we wish. It's not what we like to see. But it was what it was."
Greenland and Wild Labrador: Expedition Cruise
View This Trip
iceclimate changenews
No One Has Been Able to Visit Wisconsin's Spectacular Ice Caves This Year
Another winter has passed without a safe route.
Sarah Laskow March 15, 2018
Found: Ice From 2.7 Million Years Ago
That's 1.7 million years older than the previous oldest ice ever found.
Sarah Laskow August 17, 2017
Found: The Body of a Hiker Missing for Thirty Years
A melting glacier revealed the frozen hands and feet of a man who disappeared in 1987.
Sarah Laskow August 3, 2017
Antarctica Is Covered in Streams and Waterfalls
Scientists have mapped the continent's meltwater systems for the first time. They also make for good video.
Sarah Laskow April 20, 2017
Video • PinDrop
This Once-Thriving Hotel Couldn't Compete With Climate Change
America's Secret Ice Base Won't Stay Frozen Forever
Climate change is turning a Cold War project into an environmental hazard.

redpajama_set_name: RedPajamaCommonCrawl


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How to donate collection material to State Library of Queensland
State Library is committed to growing its unique Queensland collections for the benefit of current and future generations. We acquire collections through donations, private sales, legal deposit, auctions, and bequests.
We are always happy to hear from individuals, businesses and organisations about possible donations to our collections. Donations are assessed in relation to:
our Content Strategy
the physical condition of the item/s, and
our existing collections.
Predominantly, we collect material that is created in Queensland, about Queensland, or by a Queensland author/creator, but we also collect material related to Australian fine art, and other rare items on a case-by-case basis.
If you have an item or collection of items which you would like to see permanently housed at State Library, there are a few steps to follow. Please read the Donation Process before contacting us about your donation.
If State Library is unable to accept an item, we will suggest alternative placements for it, or dispose of the item (where no contact details have been provided).
For more information, please refer to our Frequently Asked Questions (FAQs) page.
If you are interested in supporting the State Library of Queensland through financial gift-giving, please refer to the Queensland Library Foundation
Are you interested in making a monetary donation or bequest to assist the State Library's work? The Queensland Library Foundation seeks donations on behalf of State Library to maintain, enhance and expand its collections, facilities and services, and in particular to preserve Queensland's cultural heritage.
You can support the Foundation's work by making a donation or a bequest, or contributing to the Legacy Partners Program.


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The Board of County Commissioners has appointed Matthew Paugh as an elected member of the Garrett County Board of Education. Mr. Paugh will complete the unexpired term of office of Donald Forrester who resigned from the Board of Education on September 30, 2013.
Mr. Paugh is employed as Assistant Vice President and Market Manager with Susquehanna Bank and holds Bachelor of Arts from Messiah College and a Master of Divinity from Assemblies of God Theological Seminary. He is currently the Mayor of the Town of Kitzmiller, a member of the Board of Directors of Garrett County Community Action Committee, on the Board of Governors of Garrett County Memorial Hospital, and Chair of the Kitzmiller Elementary School Advisory Committee.
State Superintendent Lillian M. Lowery was notified by official letter of this decision. Mr. Paugh will attend the Garrett County Board of Education's public meeting on November 12, 2013.


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Home →Inquest Findings→Inquest Findings 2018→Tudawali, Charles (aka Charlie Martin)
Inquest into the Death of Charles TUDAWALI (aka Charlie Martin)
Delivered on :31 May 2018
Finding of : Coroner Linton
Recommendations :N/A
Suppression Order : N/A
Summary : The deceased has not been seen or heard from since 15 December 1976. He was 13 years old when he went missing in bushland near Munja Station, in the far north of Western Australia. The deceased was an Aboriginal boy who lived with his parents at Mowanjum Mission, near Derby. He was visiting family at Munja Station around the time of his death. The deceased had been born with an intellectual disability and was described as having a mental age of a 7 year old. He had also been diagnosed with epilepsy and was required to take his epilepsy medication three times per day. He did not know bushcraft and his parents did not believe he would be able to survive long on his own in the bush.
On the morning of 15 December 1976 the deceased had gone with a group of older boys to muster horses. The older boys tried to discourage him from coming with them but he had been determined and he was eventually allowed to accompany them. When the group decided to return to their camp there was a disagreement as to which way to go home. The deceased believed he knew the way, even though he was not familiar with the area. The older boys began to walk home and they believed the deceased was following them from some distance behind but eventually the other boys lost sight of the deceased. They called out to him and climbed a tree in an effort to locate him but could not find him.
Despite extensive searching conducted by local people and the police, the deceased was not found.
At the conclusion of the inquest the Coroner was satisfied beyond all reasonable doubt the deceased died sometime on or about 15 December 1976 after becoming lost in bush in a remote part of Western Australia. The cause of death was unascertained and an open finding was made as to the manner of death.
Catch Words : Missing person : Remote Area : Open Finding.
Last updated: 30-Apr-2019


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727 F. 2d 1174 - Prakash v. American University
727 F2d 1174 Prakash v. American University
727 F.2d 1174
26 Wage & Hour Cas. (BN 1061, 234 U.S.App.D.C. 75,
100 Lab.Cas. P 34,503, 16 Ed. Law Rep. 392
Anand PRAKASH, Appellant,
AMERICAN UNIVERSITY, et al.
District of Columbia Circuit.
Argued March 10, 1983.
Decided Feb. 10, 1984.
Appeal from the United States District Court for the District of Columbia (Civil Action No. 78-02294).
Anand Prakash, pro se.
Hugh B. Gordon, Washington, D.C., with whom Anthony C. Morella and William F. Causey, Washington, D.C., were on brief, for appellees.
Before ROBINSON, Chief Judge, TAMM, Circuit Judge, and GORDON,* Senior District Judge.
Opinion for the Court filed by Chief Judge SPOTTSWOOD W. ROBINSON, III.
SPOTTSWOOD W. ROBINSON, III, Chief Judge:
This appeal marks the second occasion upon which Anand Prakash has appeared before this court to litigate questions emanating from the termination of his appointment as a professor in the Physics Department of The American University.1 Still maintaining that the University breached a contract to employ him permanently, Prakash asserts entitlement to minimum and overtime wages under the Fair Labor Standards Act2 and damages under local law, which allegedly the University has wrongfully withheld from him.3 The District Court entered a summary judgment dismissing Prakash's action, ruling that he was outside the coverage of the Act,4 and that no jurisdictional basis for consideration of his nonfederal claims existed.5 We find that Prakash made out a colorable case of inclusion within the Act, and resultantly that the District Court has pendent jurisdiction to entertain his local-law contentions. Accordingly, we reverse the District Court's judgment and remand for further consideration.
* It cannot be said at this point in the litigation that Prakash necessarily lacks the protection of the Fair Labor Standards Act. Section 13(a)(1) of the Act exempts from coverage of the minimum wage and overtime provisions6 anyone employed in a "bona fide ... professional capacity," as defined in regulations promulgated by the Secretary of Labor.7 The regulations prescribe five conditions to a finding of employment in that capacity,8 each of which must be met to establish the exemption.9 In applying these regulatory standards, the District Court apparently concluded that Prakash, an academic physicist, satisfied the first four conditions,10 but the court declined to determine whether, in fulfillment of the fifth, Prakash was paid at or above the rate of $170 per week.11 Instead, the court held the requirement of a threshold weekly wage invalid as "an 'arbitrary and fanciful classification of professional status' "12 and inconsistent with the "plain meaning" of the Act.13
We do not agree. Congress expressly authorized the Secretary to "defin[e] and delimit" the term "bona fide ... professional,"14 and, acting pursuant to this delegation, the Secretary conducted hearings in 1940 to assist his response.15 A minimum-wage requirement in the regulatory definition was applauded by employers participating in the hearings as "a valuable and easily applied index to the 'bona fide' character for which exemption is claimed."16 Employers felt, and the Secretary agreed, that the salary paid the employee was "the best single test of the employer's good faith in characterizing the employment."17 We thus conclude that the Secretary, in imposing the minimum-wage condition, "acted within the statutory bounds of his authority, and that his choice among possible alternative standards ... is one which a rational person could have made."18 Accordingly, we hold, in common with many other courts,19 that this requirement is valid.20
We must, then, return the case to the District Court for consideration of Prakash's minimum-wage and overtime claims under the provisions of the Act. On remand, the University will have the burden of proving that Prakash was employed in a bona fide professional capacity, and therefore was exempted from the Act's coverage.21 We caution that this exemption is to be construed narrowly,22 and that the University must demonstrate that Prakash's employment met each of its five demands;23 perhaps most importantly, the University must show that Prakash was compensated at the rate of at least $170 per week. The District Court must, of course, make such additional findings as may be necessary for full resolution of Prakash's claims on the record as it exists or as it may be augmented by evidence.
Prakash's common-law bases for relief include breach of contract, interference with contractual relations, conversion, deceit and defamation. He presses these theories of recovery against the University, which is operated in the District of Columbia, and individually against two officers of the University who are domiciliaries of Maryland. Since, from the beginning of the litigation, Prakash has acknowledged a residence in Maryland,24 diversity of citizenship as a basis for federal jurisdiction has been uncertain.25 Prakash more fully describes himself, however, as "a citizen of the United States with a temporary residence in the State of Maryland and a permanent domicile in the State of Pennsylvania."26
Following our earlier remand, Prakash, in support of diversity jurisdiction, submitted numerous documents27 to the District Court in an effort to establish a Pennsylvania domicile at the time he sued.28 Without any sort of hearing on the issue, the District Court held that Prakash planned to remain in Maryland indefinitely.29 The court stated that "[t]he entire scenario of this case is, on its face, inconsistent with an intent to return to Pennsylvania,"30 and that "[a]part from [Prakash's] bald allegations of intent to return to Pennsylvania ... there is no manifest pattern in his movements indicating that he treated Pittsburgh as his home base at the time of suit."31 The court felt also that Prakash's original litigative objective undercut his assertion of a Pennsylvania domicile. His insistence that the University had dishonored a contract of permanent employment, and his effort to gain reinstatement at the University in a tenured position, were taken as indications that he did not intend to return to Pennsylvania.32 The court thus concluded, simply on the paper record before it, that Prakash had not made out a Pennsylvania domicile, and therefore could not demonstrate diversity of citizenship.33
We are unable to sustain the court's ruling on the diversity issue. In the first place, we cannot subscribe to the procedures the court utilized in determining that diversity was lacking. When subject-matter jurisdiction is questioned, the court must, of course, satisfy itself of its authority to hear the case,34 and in so doing, it may resolve factual disputes.35 The court has considerable latitude in devising the procedures it will follow to ferret out the facts pertinent to jurisdiction,36 and normally it may rely upon either written or oral evidence.37 The court must, however, afford the nonmoving party "an ample opportunity to secure and present evidence relevant to the existence of jurisdiction."38 That, we believe, was not fully done here.
When diversity of citizenship is the issue, the relevant evidence is that relating to the domiciles of the parties.39 Domicile is determined by two factors: physical presence in a state, and intent to remain there for an unspecified or indefinite period of time.40 In many instances, and perhaps in most, a party's intent will appear, at least in part, from facts established by documents. When, however, as here, a party expressly declares his intent, and the opposing written submissions do not demonstrate the falsity of the declaration with reasonable certainty, the issue necessarily becomes one of the declarant's credibility. In that event, the court cannot rest its decision simply on the paper record, but must hold a hearing in order to adequately assess credibility.41 Only in that way is a sound decision on intent possible.42
As we mentioned earlier,43 the District Court did not conduct an evidentiary hearing; instead, it relied solely upon documents submitted by the parties in finding that Prakash lacked the intent essential to domicile in Pennsylvania. The court noted two factors that convinced it that Prakash did not plan to return to Pennsylvania. The first was that Prakash, "a renowned physics professor, [had] moved from one university town to the next and lived in several states."44 It does not strike us as unusual, however, for a professor, particularly one who is recognized as a scholar, to spend time during the course of his career at academic institutions variously located about the country. The mere fact of the academician's movement from one institution to another thus cannot provide reliable evidence of a determination not to return to a particular place and remain there for an indeterminate period of time. The second factor influencing the District Court was that Prakash in his complaint sought both reinstatement and tenure at American University.45 Again, Prakash's desire for a tenured position at the University, while warranting consideration in determinations on intent, is hardly potent evidence that he did not mean eventually to return to and remain in Pennsylvania indefinitely. At the very least, each of the two factors relied upon by the court had to be weighed against Prakash's unequivocal declaration of the intent that makes for domicile in Pennsylvania, and with that the issue necessarily became one of Prakash's credibility. An evidentiary hearing, therefore, was necessary to resolve suitably the question of Prakash's intent, and the District Court should not have undertaken to settle that question on the documents alone.
We encounter another problem deserving comment. Even if the District Court had proceeded properly in finding diversity of citizenship wanting, it still should not have granted summary judgment on that account. Lack of diverse citizenship is not ground for an award of summary judgment.46 If a court finds that diversity does not exist, it must, absent another basis for federal jurisdiction, dismiss the case under Civil Rule 12(b)(1)47 rather than award summary judgment under Rule 56.48 A summary judgment is a ruling on the merits of the case49 predicated upon a determination that there are no material issues of fact that necessitate trial.50 As a decision on the merits, a summary judgment merges or bars the action for res judicata purposes.51 A dismissal for lack of subject-matter jurisdiction, on the other hand, is not a disposition on the merits52 and consequently does not have res judicata effect.53 A litigant whose action is dismissed for lack of diversity, therefore, subsequently may refile the action in an appropriate forum.54 Thus, even if the District Court had proceeded correctly in finding an absence of diversity, it should have dismissed the case in lieu of a grant of summary judgment.
We must, then, reverse the District Court's ruling on diversity, and ordinarily we would direct reconsideration of the matter. There is, however, an alternative course open to the court as a byproduct of our holding that Prakash is entitled to litigate his minimum-wage and overtime claims. Those claims "aris[e] under the ... laws ... of the United States"55--the provisions of the Fair Labor Standards Act--the District Court clearly has jurisdiction to consider them.56 It follows that the court also has power to entertain Prakash's local-law claims as a matter of pendent jurisdiction. It follows, too, that should the court decide to exercise pendent jurisdiction over the latter claims, the diversity issue would become academic.
The doctrine of pendent jurisdiction enables a district court, incidentally to its authority to adjudicate federal claims properly before it, to also pass on related non-federal claims of which it could not take cognizance were they presented alone.57 When federal and nonfederal claims arise from a "common nucleus of operative fact"58 and the federal claim has "substance,"59 the court may decide the nonfederal claims, without need for an independent basis of federal jurisdiction.60 To say, however, that there is power to hear the pendent claim is not to say that the court must hear it. On the contrary, "[i]t has consistently been recognized that pendent jurisdiction is a doctrine of discretion, not of plaintiff's right. Its justification lies in considerations of judicial economy, convenience and fairness to litigants."61
The case at bar calls for serious consideration in light of these principles.62 The federal and nonfederal claims Prakash advances "derive from a common nucleus of operative fact"--Prakash's contract dispute with the University--and we have already found that the federal claims--those predicated on the Fair Labor Standards Act--have "substance."63 Convenience and economy may well favor an exercise of pendent jurisdiction; any discovery conducted on the federal issues might aid a gathering of facts relevant to local-law issues, and perhaps enough could comfortably be tried in a single proceeding to enable a just disposition of the entire controversy. We are mindful that expediency must be juxtaposed against possibilities of unfairness to a party or unnecessary decisionmaking on matters of local law.64 But, upon careful evaluation of all factors, it might be concluded that no party would be deprived of any procedural or substantive right, and that the local law applicable is neither novel nor unsettled. On remand of this case, the District Court will have the opportunity to determine initially whether the policies underlying the doctrine of pendent jurisdiction would better be served by adjudication of Prakash's local-law claims along with his federal claims.65
The judgment appealed from is reversed, and the case is remanded to the District Court for further proceedings consistent with this opinion.
Of the United States District Court for the Western District of Kentucky, sitting by designation pursuant to 28 U.S.C. Sec. 294(d) (1976)
On his first appeal, we affirmed the District Court's dismissal of claims asserted by him pursuant to 42 U.S.C. Sec. 1981 (1976) and Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Secs. 2000(e) et seq. (1976), and remanded his federally-based wage and locally-based damage claims to the District Court for further consideration. Prakash v. American Univ., 652 F.2d 196 (D.C.Cir.1981) (judgment and memorandum)
Pub.L. No. 85-231 (1957), 52 Stat. 1060 (1938), codified as amended, 29 U.S.C. Secs. 201 et seq. (Supp. V 1981)
Prakash alleges that in 1976 he performed regular work for 1,192 hours and overtime work for 1,036 hours, and thereby accumulated regular minimum wages of $2,622.40 and overtime wages of $3,315.20--a total of $5,937.60, of which the University paid him only $18.90, leaving an unpaid balance of $5,918.70 for 1976. First Amended Complaint (following remand), filed May 19, 1981, paragraphs 19-22 at 5, Prakash v. American Univ., Civ. No. 78-2294 (D.D.C.), Record on Appeal (R.) 88 [hereinafter cited as Amended Complaint]. Prakash further alleges that in 1977 he worked for the University for 1,200 regular hours and 1,120 overtime hours, by reason of which he became entitled to $2,760 in regular minimum wages and $3,864 in overtime wages, for a total of an additional $6,624. Amended Complaint, supra, p 23 at 5, R. 88. The University states that it paid Prakash $2,520 for his 1977 efforts, leaving in dispute a balance of $4,104 in unpaid wages for that year. Amended Complaint, supra, p 24 at 5, R. 88. Thus, the total of the unpaid wages assertedly due Prakash for 1976 and 1977 is $10,022.70. In addition to these federally-based wage claims, Prakash presses, as we have said, several common-law causes of action for damages
Prakash v. American Univ., Civ. No. 78-2294 (D.D.C. June 14, 1982) (memorandum), at 3-4
Id. at 2-3
See 29 U.S.C. Secs. 206, 207 (Supp. V 1981)
Id. Sec. 213(a)(1) (Supp. V 1981)
29 C.F.R. Sec. 541.3 (1983) provides in relevant part:
The term "employee employed in a bona fide ... professional capacity" in section 13(a)(1) of the act shall mean any employee:
(a) Whose primary duty consists of the performance of:
(1) Work requiring knowledge of an advance type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study, as distinguished from a general academic education and from an apprenticeship, and from training in the performance of routine mental, manual, or physical processes, or....
(3) Teaching, tutoring, instructing, or lecturing in the activity of imparting knowledge and who is employed and engaged in this activity as a teacher in the school system or educational establishment or institution by which he is employed; and
(b) Whose work requires the consistent exercise of discretion and judgment in its performance; and
(c) Whose work is predominantly intellectual and varied in character (as opposed to routine mental, manual, mechanical, or physical work) and is of such character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; and
(d) Who does not devote more than 20 percent of his hours worked in the workweek to activities which are not an essential part of and necessarily incident to the work described in paragraphs (a) through (c) of this section; and
(e) Who is compensated for services on a salary or fee basis at a rate of not less than $170 per week ($150 per week, if employed by other than the Federal Government in Puerto Rico, the Virgin Islands, or American Samoa), exclusive of board, lodging, or other facilities....
29 C.F.R. Secs. 541.301-541.313 (1983). See Walling v. General Indus. Co., 330 U.S. 545, 547, 67 S.Ct. 883, 884, 91 L.Ed. 1088, 1090 (1947); Wirtz v. C & P Shoe Corp., 336 F.2d 21, 27 (5th Cir.1964); Mitchell v. Williams, 420 F.2d 67, 69 (8th Cir.1969); Hodgson v. Barge, Waggoner & Sumner, Inc., 377 F.Supp. 842, 844 (M.D.Tenn.1972), aff'd per curiam, 477 F.2d 598 (6th Cir.1973)
See Prakash v. American Univ., supra note 4, at 3
See note 8 supra
Prakash v. American Univ., supra note 4, at 4, quoting Krill v. Arma Corp., 76 F.Supp. 14, 17 (E.D.N.Y.1948)
Prakash v. American Univ., supra note 4, at 4
29 U.S.C. Sec. 213(a) (Supp. V 1981)
See Report and Recommendations of the Presiding Officer on Proposed Amendments Regarding the Definition of the Terms "Executive, Administrative, Professional ... Outside Salesman," 2 CCH Lab. Cas. p 31,302.29 at 31,317 (3d ed. 1940)
Id. p 31,302.30 at 31,319
Federal Sec. Adm'r v. Quaker Oats Co., 318 U.S. 218, 233, 63 S.Ct. 589, 598, 87 L.Ed. 724, 733 (1943)
So far as we can ascertain, every court considering this aspect of the regulation has found it an appropriate exercise of the authority statutorily-conferred upon the Secretary. Helliwell v. Haberman, 140 F.2d 833, 834 (2d Cir.1944); Wirtz v. Mississippi Publishers Corp., 364 F.2d 603, 608 (5th Cir.1966); Mitchell v. Williams, supra note 9, 420 F.2d at 69; Craig v. Far West Eng'g Co., 265 F.2d 251, 259-260 (9th Cir.), cert. denied, 361 U.S. 816, 80 S.Ct. 57, 4 L.Ed.2d 63 (1959); Walling v. Yeakley, 140 F.2d 830, 832 (10th Cir.1944); Retail Store Employees Union v. Drug Fair-Community Drug Co., 307 F.Supp. 473, 476 (D.D.C.1969); Marshall v. Hendersonville Bowling Center, 483 F.Supp. 510, 517 (M.D.Tenn.1980), aff'd, 672 F.2d 917 (6th Cir.1981); Hodgson v. Barge, Waggoner & Sumner, Inc., supra note 9, 377 F.Supp. at 844
Indeed, the University's brief acknowledges the validity of the minimum-wage condition. Brief for Appellees at 20-21. During oral argument, University counsel, responding to a direct question from the bench, stated that the University did not support the District Court's ruling, but argued that Prakash was exempt from coverage of the Act
Idaho Sheet Metal Works, Inc. v. Wirtz, 383 U.S. 190, 206, 86 S.Ct. 737, 747, 15 L.Ed.2d 694, 704 (1966); Arnold v. Ben Kanowsky, Inc., 361 U.S. 388, 392, 80 S.Ct. 453, 456, 4 L.Ed.2d 393, 396 (1960); Walling v. General Indus. Co., supra note 9, 330 U.S. at 547-548, 67 S.Ct. at 884, 91 L.Ed. at 1090
See, e.g., Mitchell v. Kentucky Fin. Co., 359 U.S. 290, 295, 79 S.Ct. 756, 759-760, 3 L.Ed.2d 815, 819 (1959); Hodgson v. Elk Garden Corp., 482 F.2d 529, 531 (4th Cir.1973); Usery v. Yates, 565 F.2d 93, 97 (6th Cir.1977); Marshall v. Woods Hole Oceanographic Inst., 458 F.Supp. 709, 719 (D.Mass.1978)
See notes 8-9 supra and accompanying text
Prakash's initial complaint stated that he was a "male citizen of the United States and a resident of the State of Maryland," and gave a Bethesda, Maryland, address. Complaint, filed Dec. 6, 1978, p 2, Prakash v. American Univ., supra note 3, R. 1. The issue on diversity made its appearance when he later amended the complaint to add the two Maryland individuals as defendants. R. 2. The defendants moved to dismiss the action, R. 63, and their motion was granted. Prakash v. American Univ., Civ. No. 78-2294 (D.D.C. Nov. 19, 1979) (order). On the prior appeal, we noted that Prakash had not alleged diversity adequately, Prakash v. American Univ., supra note 1, memorandum at 4, but remanded the case to the District Court with instructions to afford Prakash the "opportunity to frame an amended complaint prior to final consideration and disposition of his action." Id. at 5. Prakash then amended his complaint again
Federal diversity jurisdiction is lacking if there are any litigants from the same state on opposing sides. American Fire & Cas. Co. v. Finn, 341 U.S. 6, 17, 71 S.Ct. 534, 541-542, 95 L.Ed. 702, 710 (1951); Smith v. Sperling, 354 U.S. 91, 93, 77 S.Ct. 1112, 1114, 1 L.Ed.2d 1205, 1209 (1957); Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267, 2 L.Ed. 435 (1806); Park v. Didden, 225 U.S.App.D.C. 4, 8, 695 F.2d 626, 630 (1982); Verhouvsek v. Degraffin, 554 F.Supp. 344 (D.D.C.1983)
Amended Complaint, supra note 3, at 1, R. 88, listing a Pittsburgh, Pennsylvania, address for Prakash
Included were copies of his 1978 federal and Pennsylvania income tax returns listing a Pittsburgh, Pennsylvania, address; his 1977 Form W-2 wage statement from the University; a bill of lading evidencing a shipment of household goods from Ithaca, New York, to Pittsburgh in August, 1978; a related damage settlement sent by the movers to his Pittsburgh address; and an affidavit from his Bethesda landlord stating that Prakash's visits from the fall of 1978 to the summer of 1981 were "very infrequent and the duration of stay on each [was] for only a few days. He comes here from his home in Pittsburgh, Pennsylvania about once in two months...." R. 107
Diversity of citizenship must exist when the action is brought--here 1978--and not when the cause of action arose. Smith v. Sperling, supra note 25, 354 U.S. at 93 n. 1, 77 S.Ct. at 1113 n. 1, 1 L.Ed.2d at 1209 n. 1; Hawes v. Club Ecuestre El Comandante, 598 F.2d 698, 703 (1st Cir.1979); Ray v. Bird & Son, 519 F.2d 1081, 1082 (5th Cir.1975)
Id. at 3
Gordon v. National Youth Work Alliance, 218 U.S.App.D.C. 337, 344, 675 F.2d 356, 363 (1982) (concurring opinion); Bernstein v. Universal Pictures, Inc., 517 F.2d 976, 979 (2d Cir.1975); Mortensen v. First Fed'l Savs. & Loan Ass'n, 549 F.2d 884, 891 (3d Cir.1977); Green v. Forney Eng'g Co., 589 F.2d 243, 246 (5th Cir.1979). The court need not wait for a party to raise a jurisdictional issue; instead, the court should, sua sponte, inquire into the basis for its jurisdiction. Gordon v. National Youth Work Alliance, supra, 218 U.S.App.D.C. at 343 n. 11, 675 F.2d at 362 n. 11; Bernstein v. Universal Pictures, Inc., supra, 517 F.2d at 979; Pacific Towboat & Salvage Co. v. ICC, 620 F.2d 727, 729 (9th Cir.1980); Fed.R.Civ.P. 12(h)(3) (court must dismiss action whenever it appears, by suggestion of parties or otherwise, that court lacks subject matter jurisdiction)
Rosemound Sand & Gravel Co. v. Lambert Sand & Gravel Co., 469 F.2d 416, 418 (5th Cir.1972); Berardinelli v. Castle & Cooke, Inc., 587 F.2d 37, 39 (9th Cir.1978); Gough v. Rossmoor Corp., 487 F.2d 373, 377 (9th Cir.1973); 10 C. Wright, A. Miller & M. Kane, Federal Practice Sec. 2713 at 612 (2d ed. 1983)
Land v. Dollar, 330 U.S. 731, 735 n. 4, 67 S.Ct. 1009, 1011 n. 4, 91 L.Ed. 1209, 1214 n. 4 (1947); Gordon v. National Youth Work Alliance, supra note 34, 218 U.S.App.D.C. at 344, 675 F.2d at 363; Seth v. British Overseas Air Corp., 329 F.2d 302, 305 (1st Cir.), cert. denied, 379 U.S. 858, 85 S.Ct. 114, 13 L.Ed.2d 61 (1964); Satz v. ITT Fin. Corp., 619 F.2d 738, 742 (8th Cir.1980)
Gordon v. National Youth Work Alliance, supra note 34, 218 U.S.App.D.C. at 344, 675 F.2d at 363; Exchange Nat'l Bank v. Touche Ross & Co., 544 F.2d 1126, 1130-1131 (2d Cir.1976); Green v. Forney Eng'g Co., supra note 34, 589 F.2d at 246; Berardinelli v. Castle & Cooke, Inc., supra note 35, 587 F.2d at 39. See also Fed.R.Civ.P. 43(e) ("[w]hen a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or deposition")
Gordon v. National Youth Work Alliance, supra note 34, 218 U.S.App.D.C. at 344, 675 F.2d at 363; Urquhart v. American-La France Foamite Corp., 79 U.S.App.D.C. 219, 221, 144 F.2d 542, 544, cert. denied, 323 U.S. 783, 65 S.Ct. 273, 89 L.Ed. 625 (1944); Local 336, Am. Fed'n of Musicians v. Bonatz, 475 F.2d 433, 437 (3d Cir.1973); Cooper v. United States Penitentiary, 433 F.2d 596, 597 (10th Cir.1970)
Gilbert v. David, 235 U.S. 561, 569, 35 S.Ct. 164, 166, 59 L.Ed. 360, 363 (1915); Williamson v. Osenton, 232 U.S. 619, 624, 34 S.Ct. 442, 442, 58 L.Ed. 758, 761 (1914); Hawes v. Club Ecuestre El Comandante, supra note 28, 598 F.2d at 701; Great Cruz Bay, Inc. v. Wheatley, 495 F.2d 301, 306 n. 7 (3d Cir.1974); Mas v. Perry, 489 F.2d 1396, 1399 (5th Cir.), cert. denied, 419 U.S. 842, 95 S.Ct. 74, 42 L.Ed.2d 70 (1974); Stifel v. Hopkins, 477 F.2d 1116, 1120 (6th Cir.1973); Kantor v. Wellesley Galleries, Ltd., 704 F.2d 1088, 1090 (9th Cir.1983). 1 J. Moore, Federal Practice p 0.74[3.-1] at 707.50; 13 C. Wright, A. Miller & E. Cooper, Federal Practice Sec. 3611 at 697 (1975)
Sun Printing & Publishing Ass'n v. Edwards, 194 U.S. 377, 383, 24 S.Ct. 696, 698, 48 L.Ed. 1027, 1030 (1904); Mitchell v. United States, 88 U.S. (21 Wall.) 350, 353, 22 L.Ed. 584, 588 (1875); Hawes v. Club Ecuestre El Comandante, supra note 28, 598 F.2d at 701; Mas v. Perry, supra note 39, 489 F.2d at 1399; Holmes v. Sopuch, 639 F.2d 431, 433-434 (8th Cir.1981); 13 C. Wright, A. Miller & E. Cooper, supra note 39, Sec. 363 at 728-729
Williamson v. Tucker, 645 F.2d 404, 414 (5th Cir.1981), cert. denied, 454 U.S. 897, 102 S.Ct. 396, 70 L.Ed.2d 212 (1981) (on a motion attacking subject-matter jurisdiction, "the district court must give the plaintiff an opportunity for discovery and for a hearing that is appropriate to the nature of the motion to dismiss"). See also Local 336, Am. Fed'n of Musicians v. Bonatz, supra note 38, 475 F.2d at 437-438; Topping v. Fry, 147 F.2d 715, 718 (7th Cir.1945); Harmon v. Superior Ct., 307 F.2d 796, 797 (9th Cir.1962); Tselentis v. Michalinos Maritime & Commercial Co., 104 F.Supp. 942, 945 (S.D.N.Y.1952). Cf. Tanzymore v. Bethlehem Steel Corp., 457 F.2d 1320, 1323 (3d Cir.1972) (hearing to resolve conflict over diversity might have been appropriate if any part of plaintiff's deposition had supported plaintiff's conclusory statement of domicile)
Autera v. Robinson, 136 U.S.App.D.C. 216, 419 F.2d 1197 (1969). There the District Court disposed of a motion solely on affidavits and statements made by the parties' counsel. We acknowledged the trial judge's broad discretion to decide whether to hear oral testimony on a motion. Id. at 221, 419 F.2d at 1202. See also note 36 supra and accompanying text. Nonetheless, we reversed the District Court's ruling because the motion required resolution of a factual dispute between the parties. We said that the District Court's finding on the disputed issue of fact without the benefit of oral testimony
was, as it had to be, the product of a selection unbenefited by built-in aids to a discriminating choice. The opportunity to judge credibility was nonexistent as to the absent affiants; the opportunity to probe by cross-examination was completely lacking. Without these twin tools, normal in the trial of factual issues, the factual conclusion was certain to take on an unaccustomed quality of artificiality.
Id. Accord, Murray v. Kunzig, 149 U.S.App.D.C. 256, 264, 462 F.2d 871, 879 (1972), rev'd on other grounds sub nom. Sampson v. Murray, 415 U.S. 61, 94 S.Ct. 937, 39 L.Ed.2d 166 (1974) (approving District Court's requirement of oral testimony where facts pertinent to motion for preliminary injunction were in issue). See also Dopp v. Franklin Nat'l Bank, 461 F.2d 873, 879 (2d Cir.1972) (where factual dispute existed on motion for preliminary injunction, "an evidentiary hearing was essential to resolve the credibility gap"); Carter-Wallace, Inc. v. Davis-Edwards Pharmacal Corp., 443 F.2d 867, 872 n. 5 (2d Cir.1971) (same); SEC v. Frank, 388 F.2d 486, 490-492 (2d Cir.1968) (same); Warner Bros. Pictures Inc. v. Gittone, 110 F.2d 292, 293 (3d Cir.1940) (per curiam ) (same); Playboy Enterprises, Inc. v. Chuckleberry Publishing Inc., 486 F.Supp. 414, 433 (S.D.N.Y.1980) (same).
See text supra at notes 27-33
Riley v. Titus, 89 U.S.App.D.C. 79, 81 n. 1, 190 F.2d 653, 655 n. 1, cert. denied, 342 U.S. 855, 72 S.Ct. 82, 96 L.Ed. 644 (1951); Heyward v. Public Hous. Adm'r, 238 F.2d 689, 694-695 (5th Cir.1956); Stanley v. CIA, 639 F.2d 1146, 1157 (5th Cir.1981); Rosemound Sand & Gravel Co. v. Lambert Sand & Gravel Co., supra note 35, 469 F.2d at 417-418; 10 C. Wright, A. Miller & M. Kane, supra note 35, Sec. 2713 at 608, 610-611
Fed.R.Civ.P. 12(b)(1), stating in pertinent part:
Every defense in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter....
Fed.R.Civ.P. 56 provides relevantly that either the claimant or the defending party "may ... move with or without supporting affidavits for a summary judgment as to all or any part" of the claims, counterclaims or cross-claims presented
Hoke v. Retail Credit Corp., 521 F.2d 1079, 1081 n. 3 (4th Cir.1975), cert. denied, 423 U.S. 1087, 96 S.Ct. 878, 47 L.Ed.2d 98 (1976); Tuley v. Heyd, 482 F.2d 590, 594 n. 2 (5th Cir.1973); 10 C. Wright, A. Miller & M. Kane, supra note 35, Sec. 2712 at 584, Sec. 2713 at 612
Under Fed.R.Civ.P. 56(c), the court must render judgment "forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." See also 10 C. Wright, A. Miller & M. Kane, supra note 35, Sec. 2712 at 574-578, Sec. 2713 at 612-613
Weston Funding Corp. v. Lafayette Towers, Inc., 550 F.2d 710, 714 (2d Cir.1977); Martucci v. Mayer, 210 F.2d 259, 260 (3d Cir.1954); Tuley v. Heyd, supra note 49, 482 F.2d at 594 n. 2; 10 C. Wright, A. Miller & M. Kane, supra note 35, Sec. 2712 at 584-585
Riley v. Titus, supra note 46, 89 U.S.App.D.C. at 81 n. 1, 190 F.2d at 655 n. 1; Stanley v. CIA, supra note 46, 639 F.2d at 1157; Topping v. Fry, supra note 41, 147 F.2d at 717; Williams v. Minnesota Mining & Mfg. Co., 14 F.R.D. 1, 8 (S.D.Cal.1953); 5 C. Wright & A. Miller, Federal Practice, Sec. 1350 at 554 (1969)
Tyler Gas Serv. Co. v. FPC, 101 U.S.App.D.C. 184, 188, 247 F.2d 590, 594, cert. denied, 355 U.S. 895, 78 S.Ct. 263, 2 L.Ed.2d 193 (1957); Wade v. Rogala, 270 F.2d 280, 282 (3d Cir.1959); Williams v. Minnesota Mining & Mfg. Co., supra note 52, 14 F.R.D. at 8
Williams v. Minnesota Mining & Mfg. Co., supra note 52, 14 F.R.D. at 8
28 U.S.C. Sec. 1331 (Supp. V 1981)
See id
Moor v. County of Alameda, 411 U.S. 693, 711-712, 93 S.Ct. 1785, 1796-1797, 36 L.Ed.2d 596, 610-611 (1973). See also Tuck v. Pan Am. Health Org., 215 U.S.App.D.C. 201, 203, 668 F.2d 547, 549 (1981)
UMW v. Gibbs, 383 U.S. 715, 725, 86 S.Ct. 1130, 1138, 16 L.Ed.2d 218, 228 (1966)
Id. See also United States v. Kember, 222 U.S.App.D.C. 1, 4, 685 F.2d 451, 454, cert. denied, 459 U.S. 832, 103 S.Ct. 73, 74 L.Ed.2d 72 (1982); Spivey v. Barry, 214 U.S.App.D.C. 404, 410, 665 F.2d 1222, 1228 (1981). The Supreme Court has made clear that a claim is insubstantial for jurisdictional purposes only if " 'its unsoundness so clearly results from the previous decisions of this court as to foreclose the subject and leave no room for the inference that the questions sought to be raised can be the subject of controversy.' " Hagans v. Lavine, 415 U.S. 528, 538, 94 S.Ct. 1372, 1379, 39 L.Ed.2d 577, 588 (1974), quoting Hannis Distilling Co. v. Baltimore, 216 U.S. 285, 288, 30 S.Ct. 326, 327, 54 L.Ed. 482, 483 (1910)
"Pendent jurisdiction, in the sense of judicial power, exists whenever there is a [federal] claim ... and the relationship between that claim and the state law claim permits the conclusion that the entire action before the court comprises but one constitutional 'case'. The federal claim must have substance sufficient to confer subject matter jurisdiction on the court.... The state and federal claims must derive from a common nucleus of operative fact. But if, considered without regard to their federal or state character, a plaintiff's claims are such that he would ordinarily be expected to try them all in one judicial proceeding, then, assuming substantiality of the federal issues, there is power in federal courts to hear the whole." UMW v. Gibbs, supra note 58, 383 U.S. at 725, 86 S.Ct. at 1138, 16 L.Ed.2d at 227-228 (emphasis in original) (footnotes and citations omitted)
Id. at 726, 86 S.Ct. at 1139, 16 L.Ed.2d at 228 (footnote omitted). See also Baurer v. Planning Group, Inc., 215 U.S.App.D.C. 384, 389, 669 F.2d 770, 775 n. 16 (1981); United States v. Kember, 208 U.S.App.D.C. 380, 385, 648 F.2d 1354, 1359 (1980); Riker Laboratories v. Gist-Brocades N.V., 205 U.S.App.D.C. 64, 72, 636 F.2d 772, 780 (1980)
As we have noted, the District Court dismissed Prakash's nonfederal claims for assumed lack of jurisdiction, and not as an exercise of discretion. See text supra at note 5
UMW v. Gibbs, supra note 58, 383 U.S. at 725, 86 S.Ct. at 1138, 16 L.Ed.2d at 228
UMW v. Gibbs, supra note 58, 383 U.S. at 726-727, 86 S.Ct. at 1139, 16 L.Ed.2d at 228-229. See Financial Gen. Bankshares v. Metzger, 220 U.S.App.D.C. 219, 223-229, 680 F.2d 768, 772-778 (1982); Price v. Franklin Inv. Co., 187 U.S.App.D.C. 383, 395-396, 574 F.2d 594, 606-607 (1978)
Unless the court exercises pendent jurisdiction to consider the nonfederal claims, it must proceed appropriately to determine whether there is diversity of citizenship between Prakash and his adversaries, and if so to resolve those claims under the latter head of jurisdiction. See text supra at notes 34-45


text:
Groundbreaking scientists, foul-mouthed grandmothers, octogenarian cheerleaders, life-long friends and magicians. Forget about acting your age, the women in these shorts are fierce, unapologetic and prove that time is nothing to good old-fashioned determination.
The story of the Mercury 13, the women who challenged the conventions of their time in their quest for space.
XX Award
Producing Award – Chi Thai, Catherine Vetere
LIVING UNDER KAPATILSM
Serbia, 2010. Milošević is gone, but Kapa remains. Jo, a young English woman fighting to be an adult, visits her dying grandmother and Serbian matriarch, Kapa, in Belgrade. If only she could bear to be in the same room as her for more than three minutes.
Production Design Award – Nia Fausset
MAKE THE MOST OF ME
In a quiet corner of a care home for the elderly on the edge of the country, a young crew set up a camera and invited the residents to come and have a chat. Their motto was "shoot them like they're 30" and the film became a portrait of three extraordinary women.
Editing Award – Alison Hargreaves
LIFE, DEATH AND CHEERLEADING
An inspirational story of a group of cheerleading grandmothers in Arizona who refuse to act their age.
FAY PRESTO – QUEEN OF THE CLOSE UP
A portrait documentary about the legendary Fay Presto; the UK's most in-demand close-up and cabaret magician who would rather die on stage than quit performing.
Editing Award – Hanna Aqvilin
Lifespan explores the concept of the future of ageing, increasing life expectancy and life extension. Visually juxtaposing architecture and space against interviews with a diverse range of people; from biomedical scientists and evolutionary anthropologists, to the director's family and friends.
Under 25 Award – Jessica Bishopp
An elderly woman, Biddy – flawed, hard, mischievous and in search of closure before she "Dances her way to the devil" – bribes her estranged, depressed grandson, Danny, to help her escape from the care home in which she is stagnating, in order to tie up a handful of loose ends.
Writing Award – Natalie Burt
Sound Design Award – Helen Miles
Saturday 25th November | 3:30pm
Venue | BFI Southbank, Belvedere Road, London SE1 8XT
Tickets | £9.90 / concessions


In a perfect world, you'd develop a workout schedule for the next six months, stick to it flawlessly and find yourself at the level of fitness you hoped to achieve. But as many know all too well, life sometimes gets in the way, be it in the form of an injury, lack of motivation or simply running out of time. While sticking to a regular workout schedule is a challenge, there are a number of ways to keep you moving both physically and mentally.
Making your workouts fun, getting creative with both your routine and schedule, and taking a few simple steps to stay healthy are all great steps toward sticking to your fitness goals. Ryan Sutter, a former professional football player who also happened to be the top choice on "The Bachelorette" in 2003, now finds himself in the role as a fulltime firefighter and family man. Yet he still enjoys amateur athletic pursuits to keep himself if shape, such as mountain bike races and marathons.
Set successive short-term goals to keep you going. For example, schedule a 5k one month and a mountain bike race for the next. The feeling of accomplishment you get from fulfilling each goal will help you achieve the next. You can even set weekly goals with rewards, such as allowing yourself to order a pizza after sticking to your schedule for that week.
Use peer pressure in a positive way. Enrolling in team sports or group activity can help provide the motivation for sticking to your plan. When others are depending on you, you're less likely to skip out.
Vary your activity. Run one day, play basketball another and hit the weight room the next. One benefit to a varied routine is keeping you interested, but it's also great for your body. Different activities use different muscle groups, meaning a varied workout helps you become more comprehensively fit and can help you avoid overuse injuries. "Focus on being an athlete rather than a specialist," says Sutter.
Listen to your body. You're likely to have some aches and pains, but those can be reduced with the proper treatment. Always take time to warm up before and stretch after workouts, and ice sore areas after your workout. To make icing easier, keep an ACE Brand Reusable Cold Compress in your freezer at both home and work. More injury prevention tips can be found at www.acebrand.com.
Get creative with your scheduling. Look for ways to make workouts a part of your daily routine. "I really enjoy yoga in the morning with my kids," says Sutter. Rather than heading out to dinner to catch up with your friend, see if he wants to hit the racquetball court instead. Or maybe you can occasionally bike to work instead of driving, spending the minutes you normally would be sitting in the car working out.


Please enjoy your time on our community. We hope that you are able to provide and discuss your ideas and requirements with your fellow community members!
Please be sure to be respectful with your comments as we are all here to help each other grow!


MOHAMED SALAH'S injury has appeared to crash Twitter with the Liverpool star out of the rest of their Champions League final with Real Madrid.
Liverpool and Real Madrid are currently in action in the Champions League final.
Salah, however, has been forced to go off after a colission with Real centre-back Sergio Ramos.
The Liverpool talisman was seen leaving the pitch in tears, with Adam Lallana coming on in his place.
The injury means Salah will not be able to add to his 44-goal haul for the campaign.
And it appeared to be too much for Twitter to handle, with the social media site crashing just seconds afterwards.
Meanwhile, journalist Phil McNulty thinks Liverpool need to clear their heads following Salah's injury.
"The departure of Mo Salah is a devastating blow for Liverpool - they must now ensure this does not effect them after that fine start," he said.
"Liverpool fans have now cast Sergio Ramos as the villain of the piece.
"Ferocious jeering when his face appeared on the big screen."
BT commentator Darren Fletcher said: "Well he's in tears down there, Mo Salah.


We hope that detained democrats within the framework of security operations will be released soon. We must put an end to it. Turkey is still in the 'state of emergency' and it shouldn't be extended. Turkey should be normalized and get back to the democratic track. Europe's role is very essential in this respect.


BlogTalkRadio: Can Mindfulness Help Improve Student Discipline and Achievement?
Student discipline issues can interfere with student learning. Stress–whether it affects students grappling with issues at home or dealing with college-application pressures–can also stand in the way of student learning.
The Asbury Park school district has found that introducing "mindfulness" into the school day has significantly helped the school culture and learning. Please join "Conversations on New Jersey Education" host Ray Pinney at 1:30 p.m. on Friday, April 20, as he discusses mindfulness in our schools with Alisha DeLorenzo, an Asbury Park social-emotional learning coordinator, who integrated a mindfulness program in the district.
Conversations on New Jersey Education, broadcast over BlogTalkRadio.com, is similar to a live radio talk show. The shows air live, but are also available to listen to later online, or on a mobile device.
Listeners only need a computer with high speed Internet access. To hear the live show or past recorded broadcasts, visit www.blogtalkradio.com/njsba. Listeners may call in to speak with the host by dialing (347) 989-8904.


Faces of Bravery is dedicated to the thousands of children that have been saved by the Nork Marash Medical Center in Yerevan, Armenia. Their bravery of facing life-threatening surgery at such a youthful age is truly remarkable. It is the intention of the performers that the sales of this recording will help provide the financial assistance to this medical institution in order to continue to save the lives of innocent children. Armenian folk music has been part of the lives of Topouzian, Gavoor, and Krepelka for many years. The passion of playing the different ethnic instruments combined with the great sense of pride in playing this music has made such recordings simple and pleasurable. The music performed on this recording will include traditional Armenian folk songs that were composed both the Western and Eastern Armenian tradition. The songs represent the joy and sadness of the Armenian people.
Several songs will be recognizable to the Armenians living throughout the Diaspora. The instruments used include kanun, oud, cümbüs, keyboard and guitar along with several types of ethnic percussion. All songs are instrumental allowing of the musicians their own interpretation of the music.
Tracks include: Meghr oo Shakar, Meg Nayvatsgov/Bülbül, Yerzinga Tamzara, Travel to Armenia/Hatsa Kari Bes, Fantasy, Siro Yerk Medley, Candle Dance, Modus Yegoor Ays Yeregoh, Sarin Hovuh, Yarus, Azk Parabandz, Miracles.


I hope you all have had a great week! I'm thankful it's Friday and excited for my project kit class tonight. Lots to do so have a quick project for you today. It features the Wonderful Moments stamp set. I've continued to play with this set all week. Today's card is a baby shower card and I just love the softness of these colors and the texture from the ruffled embossing folder.
Hope you have a great weekend and time to craft!


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