text:
Elke Mack (* 21. November 1964) ist eine deutsche Ethikerin, habilitierte Theologin und  promovierte Volkswirtin. Sie ist Universitätsprofessorin für Christliche Sozialwissenschaft und Sozialethik an der Katholisch-Theologischen Fakultät der Universität Erfurt.

Wissenschaftlicher Werdegang
Elke Mack studierte von 1984 bis 1994 katholische Theologie, Philosophie und Volkswirtschaftslehre an der Hochschule St. Georgen in Frankfurt am Main, an der University of California, Berkeley (USA) (ein Jahr 1986–87) und an der Ludwig-Maximilians-Universität München. Sie promovierte 1994 mit einer Dissertation in Wirtschaftsethik an der KU Eichstätt-Ingolstadt zum Dr. rer. pol.

Als Grundsatzreferentin im Planungsstab von Bundespräsident Roman Herzog arbeitete sie von 1995 bis 1997 im Bundespräsidialamt in Bonn und Berlin in den Ressorts Wirtschaft, Ethik und Gesellschaftspolitik. Von 1997 bis 2001 war sie wissenschaftliche Geschäftsführerin des Instituts für Wissenschaft und Ethik der Universität Bonn.

Ihre Habilitation in Katholischer Theologie im Bereich Christliche Sozialethik absolvierte sie 2001 an der Julius-Maximilians-Universität Würzburg. Im Wintersemester 2001 erhielt sie eine Vertretungsprofessur für Christliche Sozialwissenschaften an der Katholisch-Theologischen Fakultät der Universität Erfurt. Ein Jahr später nahm sie den Ruf auf eine Stiftungsprofessur für Wirtschafts- und Unternehmensethik an der Universität Kassel an.

Seit 2003 hat Elke Mack die Professur für Christliche Sozialwissenschaft und Sozialethik an der Katholisch-Theologischen Fakultät der Universität Erfurt inne.

Elke Mack ist Redaktionsmitglied der Zeitschrift Theologie der Gegenwart. Ferner ist sie Vertrauensdozentin der Konrad-Adenauer-Stiftung sowie der Hanns-Seidel-Stiftung für Thüringen und weiterhin Mitglied im Trägerverein der Hanns-Seidel-Stiftung in München. Ehrenamtlich engagiert sie sich für SOLWODI e.V. Deutschland sowie für verschiedene andere kirchliche und soziale Projekte.

Forschung
Elke Macks ethische Schwerpunkte sind Grundlagenfragen der Sozialethik, Gerechtigkeitstheorien, Globale Ethik mit Schwerpunkt Armutsbekämpfung, Politische Ethik, Wirtschaftsethik (Kompatibilität von Marktwirtschaft und Ökologie) und Migrationsethik (DFG-Projekt, Zukunft des Sozialstaats). Sie beschäftigt sich vor allem mit ethischen Dilemmata, die dadurch entstehen, dass strukturelle Gerechtigkeitserfordernisse individuellen Menschenrechtsansprüchen widersprechen.

Ihr Ansatz einer Christlichen Sozialethik ist geprägt durch die Integration eines gerechtigkeitstheoretischen Konsensparadigmas in die Tradition der Christlichen Sozialethik. Sie geht davon aus, dass traditionelle christliche Ansätze reformiert und erweitert werden müssen durch eine pluralismuskompatible Ethik globaler Normen (Eine Christliche Theorie der Gerechtigkeit).

Ein besonderes Feld ihrer Forschung ist die Untersuchung von globalen Menschenrechtsverletzungen von Frauen, die vor allem im Feld sexuellen Missbrauchs liegen (Theologie der Gegenwart 3/2019).

Schriften (Auswahl)

Monographien

 A Christian Theory of Justice, Baden-Baden 2017.
 Eine Christliche Theorie der Gerechtigkeit. Die Wende zu einer pluralismusfähigen Ethik mit globaler Reichweite. Baden-Baden 2015.
 Absolute Poverty and Global Justice. Empirical Data, Moral Theories, Initiatives (hg. zusammen mit Michael Schramm / Stephan Klasen / Thomas Pogge), London 2009.
 Familien in der Krise. Lösungsvorschläge Christlicher Sozialethik, München 2005.
 Gerechtigkeit und gutes Leben. Christliche Ethik im politischen Diskurs, Paderborn / München 2002.
 Ökonomische Rationalität. Grundlage einer interdisziplinären Wirtschaftsethik?, Berlin 1994.

Aufsätze

 "Neue Verantwortung für die Schwachen" – Elke Mack über die Coronakrise als ethische Herausforderung (theologie-aktuell.uni-erfurt.de/verantwortung-fur-die-schwachen-mack)
 gemeinsam mit Lea Ackermann: Liberale Prostitutionsgesetzgebung in Deutschland – eine rechtsethische Analyse (https://www.uni-erfurt.de/fileadmin/user-docs/Sozialethik/Dokumente/MackAckermannProstitution.pdf, 2019)

 Globale Gewalt gegenüber Frauen. Sexueller Missbrauch, Prostitution und Menschenhandel, in: Theologie der Gegenwart 62 (3/2019), S. 199–213.
 Prostitution als Menschenrechtsproblem, in: Theologie der Gegenwart 57 (1/2014), 2–15.
 gemeinsam mit Martin Lampert: Wie sieht die Zukunft des Sozialstaats aus? Ein sozialethisches Diskussionspapier, in: JCSW 54 (2013), 275–296.
 Armut im Licht der Enzyklika 'Caritas in Veritate', in: Caritas in Veritate. Katholische Soziallehre im Zeitalter der Globalisierung, hg. von Jörg Althammer. Berlin 2013, 159–172.
 Naturrechtlicher Wandel zur Gerechtigkeitsethik. Ansatz einer pluralismusfähigen Christlichen Ethik, in: Theologische Ethik im Pluralismus (Studien zur theologischen Ethik), hg. von Konrad Hilpert. Freiburg/ Basel/ Wien 2012, 209–228.
 Vaticanum II – Das Tor zu einer modernen christlichen Ethik wird geöffnet, in: Den österlichen Mehrwehrt im Blick. Theologische Beiträge zu einer Kirche im Umbruch (EThSchr 42), hg. von Benedikt Kranemann/ Maria Widl. Würzburg 2012, 127–141.
 Pluralismus und Christliche Ethik? Gegensätze oder Verträglichkeiten, in: Theologie der Gegenwart 54 (4/2011), 308–311.
 Leistungsfähigkeit und Grenzen der ökonomischen Moral. Erweiterung durch eine kontraktualistische Institutionen- und Rechtsethik, in: Jahrbuch für Recht und Ethik 18, hg. von B. Sharon Byrd/ Joachim Hruschka, Jan C. Joerden. Berlin 2010, 105–118.
 gemeinsam mit Martin Lampert: Soziale Sicherung. Online-Portal zur politischen Kultur in Deutschland und Italien der KAS. Rom 2010.
 Finanzkrise – ein Ende der Verantwortung für die Armen?, in: Salzburger Theologische Zeitschrift 13 (2009), 17–25 (zusammen mit Michael Hartlieb).
 Subsidiäres und aktivierendes Grundeinkommen – eine Alternative zum bestehenden System in Deutschland, in: Roman Herzog Institut e.V. (Hg.), Bedingungsloses Grundeinkommen. Eine Perspektive für die Soziale Marktwirtschaft? Kontroverse Fragen an ein umstrittenes (Gesellschafts-) Konzept von morgen, München 2008, 17–25.
 Arbeit als Beteiligungsrecht, in: Amos. Gesellschaft gerecht gestalten 1 (1/2007), 11–17.
 Elternbindung und Fremdbetreuung. Wie lassen sich Kindeswohl und die Interessen junger Mütter und Frauen in eine Balance bringen?, in: Amos. Gesellschaft gerecht gestalten 1 (2/2007), 3–10 (zusammen mit Marion Bayerl).
 A Theory of Global Justice Focussing on Absolute Poverty, in: Karl Homann / Peter Koslowski / Christoph Lütge (Hg.), Globalisation and Business Ethics, Aldershot / London 2007, 145–158.

Einzelnachweise

Weblinks
 Website des Lehrstuhls Christliche Sozialwissenschaften der Universität Erfurt
 Elke Mack im Who is Who der Universität Erfurt (wird seit 2020 nicht mehr aktualisiert)

Römisch-katholischer Theologe  (21. Jahrhundert)
Hochschullehrer (Universität Erfurt)
Deutscher
Geboren 1964
Frau
Sozialwissenschaftler
Hochschullehrer (Universität Kassel)


text:
681 F. 2d 230 - Lovelace v. Sherwin-Williams Company
681 F2d 230 Lovelace v. Sherwin-Williams Company
29 Fair Empl.Prac.Cas. 172,
29 Empl. Prac. Dec. P 32,833
Wilbur L. LOVELACE, Appellant,
SHERWIN-WILLIAMS COMPANY, Appellee.
No. 80-1879.
United States Court of Appeals,
Fourth Circuit.
Argued Oct. 7, 1981.
Samuel M. Millette, Charlotte, N. C. (Ernest S. DeLaney, III, DeLaney, Millette, DeArmon & McKnight, P. A., Charlotte, N. C., on brief), for appellant.
Harvey L. Cosper, Jr., Charlotte, N. C. (Golding, Crews, Meekins, Gordon & Gray, Charlotte, N. C., on brief), for appellee.
Before BRYAN, Senior Circuit Judge, and PHILLIPS and ERVIN, Circuit Judges.
JAMES DICKSON PHILLIPS, Circuit Judge:
The plaintiff sought damages from his former employer for an alleged violation of the Age Discrimination in Employment Act (ADEA). The plaintiff's claim, centered on his demotion from a position as store manager, was submitted to a jury which returned a verdict in his favor. Thereafter, however, the district judge granted the defendant's motion for judgment notwithstanding the verdict. The plaintiff appealed, and we affirm.
* In November 1978, Wilbur Lovelace, then age 55, was demoted from his position as manager of the larger of two Sherwin-Williams stores in Asheville, North Carolina. The store, which retails paint and related decorator and hardware products, was then one of approximately 1400 Sherwin-Williams stores across the nation and one of the two largest in an "Asheville district" consisting of sixteen stores in parts of North Carolina, Tennessee and Virginia. The manager of this district since 1974 had been R. L. Cardwell. Cardwell was in turn supervised by G. R. Davenport, the manager of a mid-south region consisting of 139 stores including the sixteen in the Asheville district.
At the time of his demotion, Lovelace had been employed by Sherwin-Williams for over 30 years and had managed the Asheville store for the past 23. It is undisputed that until late 1976 Sherwin-Williams was entirely satisfied with Lovelace's performance as manager. Lovelace introduced into evidence a January 1977 appraisal prepared by Cardwell which rated Lovelace's "overall performance" as of "high standard."1 With the exception of notations that Lovelace needed to work more closely with his staff and that Lovelace had responded negatively and vocally to a then-new compensation program for store managers, the appraisal was generally quite laudatory. Indeed Cardwell noted in the evaluation that Lovelace was "promotable now" and could function well as the district manager. Lovelace testified that he had in fact been offered, but had rejected, this latter job in 1974 before the position was awarded to Cardwell.
Lovelace also produced at trial sales and profit records for the stores in the district for the period from 1970 through 1978. These records showed that during this time the Asheville store's net sales increased every year but one (1975) and that the store showed a net profit every year but one (1977). In 1977, the store lost $5,000 on net sales of over $873,000.2 The same sales records also showed, however, that although the Asheville store's profits increased from 1970 to 1974, its profit trend was in unmistakable decline for the four following years. On this point, the defendant brought out that the same records showed that by 1978 the Asheville store's profit to inventory ratio and profit to total sales ratio were the lowest of any of the 29 similarly-sized stores in the mid-south region.
Lovelace also testified that in mid-1977 Cardwell began visiting the Asheville store much more frequently than in the past. Lovelace asserted that Cardwell simultaneously began a campaign of fault-finding and report-writing to provide support for the later demotion. Lovelace testified, for example, that Cardwell instructed him to complete store maintenance projects that were impossible given the available staff and complained about problems, such as customer complaints, that did not exist. Lovelace also testified that Cardwell created a morale problem among employees by speaking with them individually about store problems.
The defendant produced in rebuttal what the district court characterized as "overwhelming" evidence of a legitimate reason for Lovelace's demotion. Cardwell agreed that in mid-1977 he began visiting the Asheville store more frequently, for the purpose of discovering and treating the causes of the then-evident downward trend in profits. He testified that during these visits he saw unmistakable signs of what he considered to be poor organization and management. For example, he found employees unable to handle many business inquiries and generally unaware of national sales promotions in progress; store aisles usually cluttered and shelves often messy and inadequately stocked; items frequently not visibly priced; files and bulletin boards containing obsolete materials; books and records poorly maintained; overall housekeeping poor; and Lovelace with an "attitude" problem about undertaking proposed changes.
In August of 1977, Cardwell prepared a four-page action plan, introduced into evidence, calling for Lovelace to tackle these and other problems. Cardwell testified that a month later most of the problems had not been addressed and some had actually worsened. In January of the next year Cardwell prepared another action plan, requiring Lovelace to recommend plans to improve sales in two specific areas, equipment and art supplies, that had been particularly slow. Lovelace never prepared these recommendations. On another occasion, the company initiated a target account program known as "MAP," with every manager required to select 10 prospective accounts, to identify specific problems faced in selling each account, and then to make initial contact with each of the ten. Lovelace's report was submitted a month and a half late and simply listed ten potential customers without any discussion.
In the spring of 1978, Davenport asked Cardwell to rank comparatively, based on seven different criteria, each of the store managers in the Asheville district.3 Cardwell's opinion of Lovelace's performance had changed dramatically from that expressed in the January 1977 appraisal. Cardwell ranked Lovelace no higher than 12th in any of the seven categories and last overall.
Shortly thereafter Cardwell used one of his visits to the store to interview Lovelace's staff. Cardwell testified that he found the employees still unaware of sales promotions and generally unsure of their specific duties. He also heard repeated complaints about the store's disorganization and found employee morale dangerously low. One employee, newly transferred to the position of outside sales representative, was particularly upset that Lovelace would not train him for his new job, despite specific instructions from Cardwell to do so. This employee eventually requested a transfer from the store.
In early July, without notice to either Lovelace or Cardwell, the Asheville store was audited. Expenses were found to be $21,000 over budget and $54,000 greater than the year before. The report noted that internal operations needed the personal attention and follow-up of the store manager, as many of the problems found had been listed in the audit of the previous year. Cardwell testified that the audit findings reinforced his opinion that organization and management in the store were not improving.
Later that same month, Cardwell asked Davenport, to whom he had already mentioned problems in the Asheville store, to visit and observe the store's operations. Davenport, then in his mid-fifties, spent a full day studying the store and interviewing employees. He testified that he too found problems in supervision, housekeeping and merchandising, as well as widespread employee dissatisfaction. He discussed these problems briefly with Lovelace and soon thereafter addressed the three major problems in a letter. In this letter Davenport first criticized Lovelace's attitude and specifically his inability to accept suggestions and orders from his superiors. Second, Davenport indicated that organizational problems had reached a point that Lovelace risked losing total control of the store. Third, Davenport criticized Lovelace's failure to communicate with or train his staff. The letter concluded, "Bill, you must get control again of the Asheville store as we cannot wait for disaster to hit and then go to work to improve."
In October the outside sales representative at the store asked to be relieved of his position, largely because of dissatisfaction with Lovelace. Cardwell then talked with Davenport about using the opportunity to move Lovelace, still respected as a salesman with a good reputation in the community, into the sales representative position and replace him with a new manager. Cardwell wanted the replacement to be Laurence Atkins, then manager of a store in Waynesville, North Carolina. Cardwell had ranked Atkins first overall among all managers in his comparative ratings earlier that year.4
Davenport agreed to the change. He testified that he then made special arrangements to provide Lovelace with a salary well above the maximum scale for the outside sales representative position. He also authorized a bonus program that would allow Lovelace to earn a salary close to what he had received as manager. Lovelace was told of the change in November and quickly agreed to accept the new job. On December 1 Atkins officially took control. He was then 49 years old, six years younger than Lovelace and had recently undergone surgery for removal of a cancerous bladder. He was replaced at the Waynesville store by a man of 50, or one year older than himself. At the time of the change in Asheville, 6 of the 16 managers in the district were over 50.
Atkins testified at trial that on becoming manager he found problems at the store of the kind testified to by Cardwell and Davenport. He stated, for example, that many employees were unaware of their responsibilities and required retraining, that price listing guides and records were outdated, and that housekeeping and product organization were in disarray. Two other employees also corroborated the testimony of Cardwell, Davenport, and Atkins. One testified that he had repeatedly refused to serve as assistant manager under Lovelace, but was willing to accept the position once Lovelace was replaced.
In the months following his demotion, Lovelace twice asked for and received meetings with Cardwell and Davenport to discuss the reasons for his demotion. At each the two supervisors gave the same explanations offered at trial. At trial Lovelace offered explanations for most of these shortcomings about which his supervisors complained. In addition to denying morale or customer complaint problems, for example, Lovelace testified that the audit in 1978 was no worse than in past years when he was highly rated, that he had previously trained the outside salesman as an inside salesman and was not required to provide any additional training, and that he had not completed the MAP assignment because of other work requirements but that he did discuss the program with a different company official while on his vacation.
In 1979, Atkins' first year as manager, the store's profits doubled. As marketing representative, Lovelace led the district with sales of almost $350,000 but earned approximately $7,000 less than in 1978. He resigned in mid-1980.
The dispositive issue is the propriety of granting judgment n. o. v. for the employer-defendant in this ADEA jury case.5 Resolving it requires (a) identification of the substantive elements of the particular ADEA claim asserted, hence of the specific burdens of production put to test by the motion made in this case; (b) identification of the appropriate standard for assessing the evidence on a defendant's motion for directed verdict or judgment n. o. v. in this ADEA case; and (c) application of the appropriate standard to the particular evidence adduced in light of the production burdens borne.
In identifying the essential elements and means of proof of an ADEA claim this circuit has heretofore drawn approvingly on Judge Campbell's analysis for the First Circuit in Loeb v. Textron, Inc., 600 F.2d 1003 (1st Cir. 1979). See Spagnuolo v. Whirlpool Corp., 641 F.2d 1109, 1113 & n.2 (4th Cir. 1981); Smith v. University of North Carolina, 632 F.2d 316, 334-35 (4th Cir. 1980); Smith v. Flax, 618 F.2d 1062, 1066 & n.3 (4th Cir. 1980). Loeb 's essential value lies in its guidance for transposing to the ADEA context the substantive elements and the corresponding proof scheme developed by the Supreme Court for circumstantially proving a "disparate treatment" claim of intentional race or sex discrimination under Title VII. In performing this useful service, the Loeb court in turn necessarily drew upon the line of then extant Supreme Court decisions which, starting with McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), had continued to elaborate and refine the substantive nature of the Title VII intentional discrimination claim and its means of proof by indirect or circumstantial evidence.6 Since Loeb was decided, the Supreme Court has once again spoken helpfully to the subject in Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1980).
Without attempting here a detailed exegesis of these primary authorities, we can now deduce from them and from general procedural doctrine the following principles related to the substantive elements of an ADEA claim and the sufficiency of the evidence required in a jury trial to survive a defendant's challenge by motion for directed verdict or judgment n. o. v.7
1. The substantive elements of the claim-without regard to attempted modes of proof-are (a) that an employee covered by the Act (b) has suffered an unfavorable employment action by an employer covered by the Act (c) under circumstances in which the employee's "age was a determining factor" in the action in the sense that " 'but for' his employer's motive to discriminate against him because of his age, he would not (have suffered the action)." Spagnuolo v. Whirlpool Corp., 641 F.2d at 1112 (citing to Loeb, 600 F.2d at 1019).
2. Where-as here, and ordinarily-coverage and unfavorable action are not disputed, the dispositive and only issue is the difficult, but narrow, motivational one: whether the employee "was (treated unfavorably) because of his age." Loeb, 600 F.2d at 1017. This may of course be proved under ordinary principles of proof by any direct or indirect evidence relevant to and sufficiently probative of the issue, see id. at 1018, without resort to any special judicially created presumptions or inferences related to the evidence.
3. But because of the comparable remedial purposes of the two Acts and the comparable difficulty under both of proving discriminatory motivation, the judicially created proof scheme for Title VII cases featuring a rebuttable factual presumption favoring claimants in the initial stages of proof is appropriate-properly adapted-for application in ADEA litigation. Smith v. Flax, 618 F.2d at 1066 n.3; Loeb, 600 F.2d at 1014-16; see also Burdine, 450 U.S. at 252 n.4, 258, 259, 101 S.Ct. at 1093 n.4, 1096, 1097 (comparable applicability suggested by citations to Loeb ).
4. As adapted for application to jury trial of an ADEA demotion8 case, this presumption-centered means of proof operates as follows: (a) Plaintiff may establish a "prima facie case" by evidence (i) that he was at the time of demotion "performing his job at a level that met his employer's legitimate expectations" and (ii) that following his demotion his employer sought someone to perform the same work. Loeb, 600 F.2d at 1014; see also Smith v. University of North Carolina, 632 F.2d at 332. (b) The effect of this "prima facie case" is that of a rebuttable factual inference or presumption which, if not rebutted, suffices at least to require submission of the motivational issue to the jury. See Burdine, 450 U.S. at 254, 255 & nn. 7, 8, 101 S.Ct. at 1094 & nn. 7, 8. (c) Having this effect, it necessarily has the further effect of shifting to the defendant the burden of producing evidence on the issue. Id. at 254, 101 S.Ct. at 1094. This burden "is to rebut the presumption by producing evidence that the plaintiff was (disfavored) ... for a legitimate, nondiscriminatory reason." Id. at 255, 101 S.Ct. at 1094. It is not a burden of persuasion, but is one that may be carried by "the introduction of admissible evidence" of an explanation that would be "legally sufficient to justify a judgment for the defendant." Id. at 254-55, 256-57, 101 S.Ct. at 1094, 1095-96. (d) The effect of a failure by the defendant to carry this burden of production is at least to require submission of the issue to the jury under a binding instruction in plaintiff's favor subject only to a credibility determination.9 (e) On the other hand, the direct effect of carrying the defendant's production burden is to "destroy( ) the legally mandatory inference." Burdine, 450 U.S. at 255 n.10, 101 S.Ct. at 1095 n.10. This "destruction" has two critical procedural consequences. First, it precludes, on this state of the evidence, a directed verdict or peremptory instruction subject to credibility determination in plaintiff's favor. See id. Second, it re-casts the dispositive motivational issue at "a new level of specificity." Id. at 255, 101 S.Ct. at 1095. That issue has now become narrowly whether, considering only the two reasons proffered by the opposing parties, the decision to demote claimant would not have been made but for defendant's motive to discriminate against him because of his age. See Wright v. National Archives and Records Service, 609 F.2d 702, 716 (4th Cir. 1979). As to this recast motivational issue, the plaintiff has once again the burden of production-now merged with the ultimate burden of persuasion on that issue which has never shifted. Burdine, 450 U.S. at 253, 256, 101 S.Ct. at 1093, 1095. (f) In consequence of this new production burden-and its corollary risk-the plaintiff must be given an opportunity directly to counter the defendant's evidence of the specific reason for the action with evidence that the reason given is "pretextual" or "not the true reason." Id. at 256, 101 S.Ct. at 1095. This may take the form of new evidence designed directly to attack the credibility of the defendant's specific explanation or simply to prove that, as against that specific reason, age is the "more likely" explanation. Id. Because destruction of the original presumption does not destroy the inherent probative force of evidence earlier introduced by the plaintiff to invoke it, that evidence too, as well as evidence elicited by the plaintiff in cross-examination, may be taken into account in determining whether plaintiff has carried this ultimate production burden. See id. at 255 n.10, 101 S.Ct. at 1095 n.10 (all such evidence proper for consideration by trier of fact in Title VII case). (g) The effect of carrying this ultimate production burden is to require submission of the motivational issue to the jury under proper instructions. The effect of a failure to carry it is to compel dismissal of the claim upon a proper motion for directed verdict or judgment n. o. v.
5. The net effect of all this upon the role of the trial judge in ruling upon an evidence sufficiency motion at the conclusion of all the evidence in the jury trial of an ADEA case10 can now be summarized. Though consideration and ruling on such a motion involves a unitary mental process, it will in logic address sequentially the different production burdens above described that are put in play by the evidence. (a) The first question is whether plaintiff's evidence may have carried the original production burden without need to invoke the McDonnell-Douglas presumption. This may have occurred, for example, through direct evidence of a stated purpose to disfavor because of age, or possibly through the cumulative effect of indirect evidence having sufficient probative force independent of the presumption's meager predicates to warrant submission of the motivational issue. Cf. Loeb, 600 F.2d at 1018. If this is the judicial assessment, inquiry of course ceases, no further production burdens are put in play, and the motion can be denied. If, on the other hand, the plaintiff's evidence fails even to support the unadmitted predicates of the presumption so that it may not be invoked to carry this original burden, inquiry similarly ends and the motion can be granted. (b) If the plaintiff's evidence supports the predicates of the presumption without regard to any additional probative force the evidence may have, inquiry must then proceed to whether the defendant has carried the production burden of rebutting the presumption by "admissible evidence" that is "legally sufficient" as justification. See Burdine, 450 U.S. at 255, 258, 101 S.Ct. at 1094, 1096; Loeb, 600 F.2d at 1016 & n.16. (c) If the defendant's evidence fails to carry this burden, inquiry ceases. The plaintiff is entitled at least to a peremptory instruction of liability subject only to a credibility determination.11 If, on the other hand, the defendant's evidence carries this burden so that the presumption's force is dispelled, inquiry must proceed to the plaintiff's reacquired production burden. (d) This burden relates again to the motivational issue but now as recast by the defendant's proffered explanation into the more specific form whether as between the plaintiff's age and the defendant's proffered reason, age is the "more likely." In assessing whether this recast burden of production has been carried, the court may properly consider plaintiff's evidence offered to establish the dispelled presumption along with any designed to show defendant's proffered explanation to be a pretextual one. If the burden is carried, the case is for the jury under proper instructions defining the motivational issue as ultimately framed at the "new level of specificity," id., created by the defendant's rebutting evidence. If this ultimate burden is not carried the defendant's motion should of course be granted, even though the plaintiff's original burden of production was carried by force of the presumption.12
The next problem is the standard by which the sufficiency of the evidence on the ultimate motivational issue is to be assessed, and to that we now turn.
Reflecting a general difficulty encountered by all courts, see 9 C. Wright & A. Miller, Federal Practice & Procedure: Civil § 2524, pp. 545-47 (1971), we may not have been altogether consistent in our formulations of the standards by which evidence in civil actions is to be assessed for its sufficiency to support a jury verdict. See id. nn. 46, 48, 50. This may reflect no more than semantic lapses that have no demonstrable effect on results, or it may reflect the fact that different formulations are appropriate depending upon the nature of the factual issues and the nature of the evidence offered in their support that are being assessed. See generally Cooper, Directions for Directed Verdicts: A Compass for Federal Courts, 55 Minn.L.Rev. 903 (1971).
Be all that as it may, it is fortunate for our immediate purposes that some of our most careful formulations have been stated and applied in cases where, as here, the dispositive issue was one of causation-of which motive for challenged action is simply one species-and the evidence offered to prove it (all questions of credibility aside) was wholly circumstantial. In such cases the question of sufficiency goes simply to the reasonableness of drawing the necessary inference of causation from the indirect evidence, and on that specific matter there is in this circuit powerful precedent upon which we can with assurance draw. Three opinions command particular respect for the care and cogency of their analysis.
In Ralston Purina Co. v. Edmonds, 241 F.2d 164, 168 (4th Cir. 1957), Judge Sobeloff, finding insufficient the circumstantial (and opinion) evidence offered to prove the necessary causation in a products liability case, put it that only that evidence "which shows a 'probability' and not a mere 'possibility' " would suffice to allow jury consideration.
In Ford Motor Co. v. McDavid, 259 F.2d 261 (4th Cir. 1958), Judge Haynsworth, finding insufficient the circumstantial evidence of causation in a manufacturer's negligence case, expressed essentially the same thought. After conceding that "it is the province of the jury to resolve conflicting inferences from circumstantial evidence," he pointed out that "(p)ermissible inferences must still be within the range of reasonable probability, however, and it is the duty of the court to withdraw the case from the jury when the necessary inference is so tenuous that it rests merely upon speculation and conjecture." Id. at 266.
Again, in Wratchford v. S. J. Groves & Sons Co., 405 F.2d 1061, 1066 (4th Cir. 1969), Judge Haynsworth, this time finding conflicting inferences of the cause of personal injury "equally probable," hence for jury resolution, nevertheless again emphasized "reasonable probability" as the proper test of sufficiency of circumstantial evidence to support the necessary inference. "The relevant question ... is ... whether a jury might reasonably conclude from the evidence that (the necessary) inference was more probable than the (sole conflicting) inference...." Id. at 1066. Or, more succinctly, "if the inference sought to be drawn lacks substantial probability, any attempted resolution of the question may well lie within the area of surmise and conjecture," id., so that the issue should not be submitted for jury consideration.
This emphasis, where causation is dispositive, upon "probability," "reasonable probability," "substantial probability" rather than mere "possibility" as the proper test simply bespeaks the special danger that in a matter so generally incapable of certain proof jury decision will be on the basis of sheer speculation, ultimately tipped, in view of the impossibility of choosing rationally between mere "possibilities," by impermissible but understandable resort to such factors as sympathy and the like. It is of course precisely to guard against this danger that the burden of producing rationally probative evidence-and the corresponding risk of nonproduction-is placed upon claimants and subjected to the ultimate jury control devices of directed verdict and judgment n. o. v. See Brady v. Southern Railway Co., 320 U.S. 476, 480, 64 S.Ct. 232, 234, 88 L.Ed. 239 (1943) (to guard against "the mischance of speculation over unfounded claims"); Galloway v. United States, 319 U.S. 372, 395, 63 S.Ct. 1077, 1089, 87 L.Ed. 1458 (1942) (to insure that "speculation be not allowed to do duty for probative facts"). The special danger in the causation context invites and justifies the special emphasis.
We are therefore satisfied that the test of evidentiary sufficiency expressed and applied in these cases turning on proof of physical causation is the appropriate one to apply to the dispositive motivational cause issue in ADEA jury cases. To its application in the instant case we now turn.
As indicated in Part II A, the logical starting point in ruling upon the defendant's motion for judgment n. o. v. is to consider whether claimant may have carried his original production burden on the motivational issue without need for resort to the McDonnell-Douglas presumption with all its ensuing complexities. This might have been done either by direct evidence, see Spagnuola v. Whirlpool Corp., 641 F.2d at 1113; Loeb, 600 F.2d at 1014 n.12, or by indirect evidence whose cumulative probative force, apart from the presumption's operation, would suffice under the controlling standard to support as a reasonable probability the inference that but for claimant's age he would not have been demoted. See Loeb, 600 F.2d at 1017 & n.18.
There was no direct evidence here as there was, for example, in Spagnuola, and claimant does not seem seriously to suggest that there was.
Neither was there sufficient indirect evidence independent of the presumption's force, taking into account all that adduced by both direct and cross-examination and for whatever specific purpose offered. See Burdine, 450 U.S. at 255 n.10, 101 S.Ct. at 1095 n.10.
Taken all together, the evidence came, in summary, only to this. At age 55-mid-way the protected age group-after working for defendant for 30 years and managing its Asheville store for 23 of those years, claimant was relieved as store manager in late 1978, replaced by a fellow employee who, at 49, was only six years younger, and demoted to a lower paying job as sales representative.13 Until late 1976 his employer had been entirely satisfied with his performance as manager, as evidenced by a January 1977 official appraisal. From 1970 through 1978, while he was store manager, the employer's records revealed that the store's net sales increased every year but one (1975) and a net profit was realized every year but one (1977), although the same records showed that beginning in 1974 the store's profit trend was steadily downward and that by 1978 its profit to inventory and profit to total sales ratio were the lowest in his region.14 In mid-1977 higher management began more frequent visits to the store and finding more fault with claimant's management of the store; in claimant's view, began to create morale problems among employees by discussing store problems and began requiring correction of deficiencies whose existence claimant would not then or later concede. Conspicuous by its absence from plaintiff's attempted proof was any substantial evidence, see Houser v. Sears, Roebuck & Co., 627 F.2d 756, 758 (5th Cir. 1980), that the employer was engaged in a general youth movement of which the claimant may have been one victim.15
Assessed independently of the presumption, we are satisfied that this circumstantial evidence does not suffice to support as a reasonable probability the inference that but for claimant's age he would not have been demoted. Without benefit of the presumption, age simply exists on this evidence as one of any number of possible reasons-including poor business judgment by the employer, see Loeb, 600 F.2d at 1012 n.6; Bishop v. Jelleff Associates, 398 F.Supp. 579, 593 (D.D.C.1974)-for the demotion. On this basis to find age a determinative cause could only be by outright conjecture and not by any rational assessment of probabilities. Inquiry must therefore proceed to the effect of the presumption.
The first question here, of course, is whether the presumption was invoked. Because the predicate of replacement is not in dispute, the only necessity was to show, under the adapted McDonnell-Douglas scheme, that at the time of his demotion claimant was "performing his job at a level that met his employer's legitimate expectations." See Loeb, 600 F.2d at 1014. On this, we have serious reservations. The burden of production as to this predicate is also of course upon the claimant. We think it important to hold employee-claimants in discharge, demotion, reassignment, and like cases to the burden of showing that performance at the requisite level of employer expectations continued to a time reasonably close to the time of the challenged employer action. The presumption is rationally supportable only to the extent this is done, since its effect is to create a mandatory inference-one justifying judgment-if not dispelled, Burdine, 450 U.S. at 254, 101 S.Ct. at 1094, that with performance established as satisfactory, there is no reasonable explanation for the challenged action but age discrimination. Cf. International Brotherhood of Teamsters v. United States, 431 U.S. 324, 358 n.44, 97 S.Ct. 1843, 1866 n.44, 52 L.Ed.2d 396 (basis of inference in Title VII case). The rationality, hence fairness, of this inference obviously decreases as the time gap between last proven satisfactory performance and challenged employment action lengthens. Here, the time lag was almost two years. As common experience in such matters teaches, and as the full record reveals the case here to have been, a great deal can happen to alter things in such a time. We think it a very close question whether on this basis the presumption was effectively triggered. Solely for purposes of this appeal, we can assume that it was and proceed to the next stage of assessment: whether defendant carried its burden to dispel the mandatory presumption.
The question here is simply whether the defendant has "introduc(ed) ... admissible evidence" of a "legitimate nondiscriminatory reason" that is "legally sufficient to justify a judgment for the defendant." Burdine, 450 U.S. at 254-55, 256-57, 101 S.Ct. at 1095-96. There is no doubt that this relatively modest burden was carried. The defendant offered evidence-internally consistent, corroborated by a number of witnesses perfectly positioned to have knowledge of the relevant facts, through testimony that was in minimal terms not manifestly incredible-that claimant was demoted in the exercise of a reasonable business judgment that he was no longer performing at the level of the employer's legitimate expectations. Though the district court indeed characterized this evidence as "overwhelming," it was only necessary to determine as a matter of law that it was legally admissible, that it was not intrinsically unworthy of acceptance, and that the reason as advanced was a legitimate one. Cf. Loeb, 600 F.2d at 1011-12, n.5.
At this point in the assessment the probative force of the presumption had been completely dispelled. The evidence that sufficed to invoke it, though still in the case, had now only its intrinsic, unaided force as support for the necessary inference. That necessary inference had now, however, been recast in a more narrow form, at a "new level of specificity," Burdine, 450 U.S. at 255, 101 S.Ct. at 1095, through the defendant's commitment, forced by the presumption, to a specific reason. The ultimate motivational issue has now become whether, considering only age discrimination and the defendant's proffered reason as possible explanations, discrimination is the "more likely." Id. at 256, 101 S.Ct. at 1095. The plaintiff's new production burden has correspondingly become whether, as between only these two proffered reasons, the circumstantial evidence supports as a reasonable probability the inference that but for claimant's age he would not have been demoted.
We are satisfied that at this stage in the assessment the claimant's still wholly circumstantial evidence, unaided now by any presumptive force, no more sufficed to support the necessary inference as against the defendant's specifically advanced explanation than it sufficed to support it in the absence of any proffered alternative. The evidence for assessment at this stage is the same as that assessed preliminarily to determine whether it sufficed, independently of the presumption, to make a prima facie case. Where, as here, the employer's proffered reason for the challenged action is unacceptable performance, any evidence designed to show the proffered reason pretextual is of a piece with and inseparable from evidence offered to invoke the presumption by showing essential "qualification." See Burdine, 450 U.S. at 255, n.10, 101 S.Ct. at 1095, n.10; Loeb, 600 F.2d at 1014. Indeed, at this stage, though the range of possible reasons before the court has been reduced to only two, theoretically lessening claimant's burden to establish substantial probability of the necessary one, see Wratchford v. S. J. Groves & Sons Co., 405 F.2d at 1066, the burden has in fact been made more difficult to the extent the facts underlying the employer's specifically advanced explanation (as opposed to the explanation itself) stand essentially unrefuted. See Smith v. Flax, 618 F.2d at 1066-67.
Here, that is the case. The essential facts underlying defendant's articulated reason-the critical record indicia of unchecked and steady decline in performance results for at least the final two years of claimant's tenure as store manager and his refusal, for whatever reason, during that critical period to admit or to take corrective action specifically suggested by his employer-were not essentially refuted despite the opportunity to do so by way of showing the reason based upon them to be pretextual. Claimant's evidence on this score consisted essentially of offering his own opinion that corrective action was not needed and of pointing to other favorable performance indicia, while not refuting the validity of the unfavorable indicia nor their manifestly greater significance in evaluating his most recent performance; to testifying that his employer's fault-finding only commenced in the late stages of his tenure as store manager16 rather than demonstrating that no fault existed; and to the expression of his own opinion that his performance continued to meet reasonable expectations.
Taken all together-whether offered directly to establish the "qualification" predicate of the original presumption or to show defendant's proffered explanation of his demotion to be pretextual-claimant's evidence did not suffice to allow a jury to infer that age discrimination was a determinative factor in this demotion. Though age discrimination is undoubtedly a possibility in any case of this kind, and though its easy concealment is a constant danger in attempts to vindicate this statutory right, a jury may nevertheless not be allowed to infer it from evidence that does no more than suggest it as a possibility.
In addition to the bare facts that after a long period of unquestionably satisfactory and better performance this claimant at age fifty-five was demoted and replaced by a man six years younger, there is only the most meager evidence that might raise the theoretical possibility to the level of such substantial probability that a jury could rationally infer it as a determinative cause. There is the fact that the claimant himself held and expressed the opinion that his performance remained satisfactory notwithstanding the unrefuted indicia from business records that it was not. This, we have held, simply cannot in fairness be ascribed any significant probative force where the self-serving opinion is not corroborated by more objective ones. Smith v. Flax, 618 F.2d at 1067. There is the further fact that the employer did in the latter stages of claimant's tenure begin increasingly to find specific fault with his performance, and to suggest specific corrective measures. From this claimant argues that the jury could and should be allowed to (and possibly in this case did) infer a deliberate contrivance to set up claimant's demotion. Again, this is obviously a possibility, but the leap of inference required is simply too large to allow in logic and fairness. To accept it a jury would have to lay aside the unrefuted evidence that problems did exist and infer instead a deliberate scheme carried out carefully over a period of around two years, involving the extensive, venal efforts of several people and having as its final object only the demotion, not the outright discharge, of a single employee at the end of this extended plot. Such a leap of inference could only be by rank speculation and not by any rational processes of inference.
When, as is proper, the unrefuted basic facts underlying the employer's proffered explanation of the demotion are taken into account in assessing the reasonableness of the necessary inference, we are satisfied that the district court properly granted judgment n. o. v.
ALBERT V. BRYAN, Senior Circuit Judge, concurs in the result.
The "high standard" rating is the second highest of four, falling below "excellent" and above "standard." The appraisal stated that Lovelace handled the $800,000 operation and staff of eleven with apparent ease, was able to make the "hard decisions," and had "no problems" in supervising. Special note was made of Lovelace's selling ability
Lovelace testified that he was never able to pinpoint the causes of this loss. The sales records show that every store in the district suffered a decrease in profits that year, although only one other store actually lost money
These criteria were retail sales ability, sales ability and account development, gross profit, operations and internal control, store appearance, personnel handling, and business planning
The January 1977 appraisal of Lovelace notes that Lovelace himself recommended Atkins as a potential replacement as manager in Asheville
The district court granted judgment n. o. v. on the general basis that the evidence was insufficient to permit the jury to find age discrimination. The full details of that assessment are not revealed on the record, but we review the sufficiency of the evidence under the same standard and independently of that assessment. 9 C. Wright & A. Miller, Federal Practice & Procedure: Civil § 2524 (1971)
The trial judge intimated some concern that perhaps no violation was established as a matter of law because the evidence showed that the claimant was not replaced by a person outside the protected age group. Defendant conceded on oral argument that on current authority this does not constitute an independent basis for the judgment. See, e.g., McCorstin v. United States Steel Corp., 621 F.2d 749, 753-54 (5th Cir. 1980); Loeb v. Textron, Inc., 600 F.2d 1003, 1012-13 (1st Cir. 1979). We agree that this is not an essential legal element of the ADEA claim, and do not rely upon it. Whether the absolute and relative ages of claimant and replacement may be factually relevant to the discrimination issue is, however, a different matter. See note 13, infra.
Principally, Board of Trustees of Keene State College v. Sweeney, 439 U.S. 24, 99 S.Ct. 295, 58 L.Ed.2d 216 (1978); Furnco Construction Corp. v. Waters, 438 U.S. 567, 98 S.Ct. 2943, 57 L.Ed.2d 957 (1978); International Brotherhood of Teamsters v. United States, 431 U.S. 324, 97 S.Ct. 1843, 52 L.Ed.2d 396 (1977)
The process must be one of deduction just as was the First Circuit's process in Loeb where the undertaking was to transpose the proof scheme devised for the orderly assessment by trial judges of evidence in a Title VII bench trial into guidelines for submitting an ADEA case to the jury under appropriate instructions. Our undertaking is to transpose the bench trial proof assessment scheme, as adapted for jury submission in Loeb, into principles controlling evidence sufficiency rulings in the ADEA jury trial context. We have not previously had occasion to address it systematically with benefit of Burdine 's most recent clarification of the bench trial principles. Loeb, decided before Burdine, and directly concerned with jury instruction problems, only alluded briefly to the related problem in dictum. 600 F.2d at 1016. Justice Powell's opinion for a unanimous Court in Burdine offers the clearest conceptual guidelines yet provided for making proper transposition of McDonnell-Douglas proof scheme principles from the bench trial context to rulings on evidence sufficiency in the ADEA jury trial, and we rely mainly on its analysis
For purposes of this analysis, demotion, discharge, refusal to promote and like actions affecting employees in place are essentially of a piece. They differ most critically from the refusal to hire decisions for which the McDonnell-Douglas presumption was originally devised in relation to the "basically qualified" predicate for the prima facie case. This has created a rather difficult problem of adaptation. See Loeb, 600 F.2d at 1013, 1014 (adapting to discharge claim)
This much is implicit from Justice Powell's analysis in Burdine, 450 U.S. at 254, 101 S.Ct. at 1094 ("If the trier of fact believes the plaintiff's evidence, and if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff because no issue of fact remains in the case."). Whether under any circumstances a directed verdict for plaintiff rather than merely a peremptory instruction dependent upon credibility determination would be appropriate we need not now consider. See Loeb, 600 F.2d at 1015; and see generally 9 C. Wright & A. Miller, Federal Practice & Procedure: Civil § 2535 (1971) (directing verdict for party having burden of persuasion)
Of course, in an appropriate case, where the evidence failed even to invoke the presumption, directed verdict would be appropriate at the conclusion of claimant's case-in-chief. See Loeb, 600 F.2d at 1016
See note 9, supra
It is at this point that one of claimant's main contentions on appeal fails. The contention is that once the prima facie case has originally been established, the case must of necessity be submitted to the jury. This is simply wrong as a matter of fundamental procedural principle. See Houser v. Sears, Roebuck & Co., 627 F.2d 756 (5th Cir. 1980)
As indicated, see note 5, an ADEA claim involving replacement by another does not require as a matter of law proof that the other was outside the protected age group. But absolute and relative ages of the claimant and his replacement have obvious relevance in assessing whether a factual inference of age discrimination is permissible. We agree with the First Circuit that
Replacement of a 60 year old by a 35 year old or even a 45 year old within the protected class would be more suggestive of discrimination than replacement of a 45 year old by a 42 year old within the protected class or a 39 year old outside it.
Loeb, 600 F.2d at 1013 n.9.
Though it is axiomatic that in ruling on this motion, courts are to consider the evidence in the light and with all inferences most favorable to the party opposing the motion, they should do so on the basis of all the evidence, not just that favorable to the non-mover. See Grooms v. Minute-Maid, 267 F.2d 541, 543 (4th Cir. 1959); Simblest v. Maynard, 427 F.2d 1, 4 (2d Cir. 1970); Boeing Co. v. Shipman, 411 F.2d 365, 374-75 (5th Cir. 1969) (en banc)
Particularly where, as here, unfavorable evidence (the low performance indicia) derives from unchallenged documentary sources relied upon in other respects by the non-mover, it is particularly appropriate to take it into account in assessing the reasonableness of the inference for which the non-mover seeks support in those sources.
Circumstantial evidence of a general "youth movement," or of a policy to get rid of older employees first in a general workforce reduction, or of a general plan to turn over management periodically to infuse "new blood," has obvious inferential force. See Smith v. Flax, 618 F.2d at 1066 (potential probative force recognized)
Claimant here adduced some evidence apparently designed to show a general youth movement or a calculated pattern of more favorable treatment for younger store managers. But, as in Flax, where a similar effort was made, the "testimony was conclusory and lacked specific factual examples," id.
The case of a 40-year old manager in defendant's Knoxville store was cited. Though that store lost money every year from 1971 to 1977, this manager was not demoted. But the evidence revealed that he did not become manager until 1977 and that the store produced its first substantial profit in eight years in the following year.
Again, in evidence which claimant did not see fit to bring forward in brief or appendix on this appeal, two other older store managers testified, as claimant's witnesses, about encounters with Cardwell. One, 55 years old, suggested that Cardwell overcompensated for this manager's health problems and created morale problems by interviewing his employees privately. The other, 61 years old, testified that in August 1978, Cardwell told him that new pressures were being put on store managers, that some-including Lovelace-were considering or being considered for moves to sales jobs with less pressure, and that this manager might want also to consider such a move.
Against whatever inference these isolated episodes were designed to create, there was the undisputed fact that at the time of claimant's demotion nearly half of the managers in the Asheville district were over 50 years old and fully a quarter of those in the mid-south region were older than claimant. It is perhaps understandable on this basis why claimant did not press any significance for this testimony on appeal.
The inferential force of this particular evidence must of course be measured against the undisputed fact that it was during this period that for the first time in claimant's tenure there was apparent cause for great concern with his performance

redpajama_set_name: RedPajamaCommonCrawl


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text:
Q: Dictionary always returns the last item I have a problem with retrieving data from a dictionary that I created. The key of the dictionary is an integer and the value is a List containing a Tuple.
There are 29 items in the dictionary, with integer keys 0 to 28. However, whichever key I use to retrieve data from the dictionary, the item returned is always that of key 28, the last item in the dictionary.
SignalRoutes is the name of the dictionary and SignalRoutes[i] always returns SignalRoutes[28].
Item2 of the Tuple has the same value as the key, so the results show that when I use a key of 1 (give me the routes for the key of 1) the results returned are those for the key of 28.
I am sure that I haven't loaded the dictionary with 29 copies of the same data.
Debug.WriteLine("SignalRoutes count=" + SignalRoutes.Count);
for (int i = 0; i < SignalRoutes.Count; i++)
{
    if (SignalRoutes.ContainsKey(i))
        Debug.WriteLine("dict key found=" + i);
    else
        Debug.WriteLine("dict key NOT found=" + i);

    List< Tuple<int,int,int,int[]> > nsr = SignalRoutes[i];

    if (nsr != null)
    {
        for (int j = 0; j < nsr.Count; j++)
        {
            Tuple<int, int, int, int[]> r = nsr[j];
            Debug.WriteLine("route from=" + r.Item2
                + ", to=" + r.Item3
                + ", len=" + r.Item4.Length
                + ", i=" + i
                + ", j=" + j
                + ", route cntr=" + r.Item1
                );
        }
        Debug.WriteLine(String.Empty);
    }
}

Here is the start of the output:
SignalRoutes count=29
dict key found=0
dict key found=1
route from=28, to=27, len=43, i=1, j=0, route cntr=51
route from=28, to=27, len=43, i=1, j=1, route cntr=52

dict key found=2
route from=28, to=27, len=43, i=2, j=0, route cntr=51
route from=28, to=27, len=43, i=2, j=1, route cntr=52

dict key found=3
route from=28, to=27, len=43, i=3, j=0, route cntr=51
route from=28, to=27, len=43, i=3, j=1, route cntr=52

...

Here is the code loading data into the dictionary:
Stack<int> route = new Stack<int>();
List< Tuple<int,int,int,int[]> > routes = new List< Tuple<int,int,int,int[]> >();

foreach (Signal s in SignalList)
{
    ...
    route.Clear();
    routes.Clear();
    ...
    while ( ... )
    {

        // save route
        if (route.Count > 0)
        {
            int [] routearray = route.ToArray(); // to - from order
            Array.Reverse(routearray); // from - to order
            routecntr++;
            Tuple<int,int,int,int[]> ssroute
                = new Tuple<int,int,int,int[]>(routecntr, s.Number, s2.Number, routearray);
            routes.Add(ssroute); // add route to collection for current signal s

            int ridx = routes.Count -1;
            Debug.WriteLine("fr=" + routes[ridx].Item2
                + ", to=" + routes[ridx].Item3
                + ", len=" + routes[ridx].Item4.Length
                + ", route cntr="+routes[ridx].Item1
                );
         } // if
    } // while

    ...
    Debug.WriteLine("s="+s.Number
        +", no of routes=" + routes.Count
        );
    Debug.WriteLine(String.Empty);

    if (routes.Count == 0)
        SignalRoutes.Add(s.Number, null);
    else
        SignalRoutes.Add(s.Number, routes);
}

And here is the data that was loaded:
s=0, no of routes=0

fr=1, to=2, len=13, route cntr=0
s=1, no of routes=1

fr=2, to=7, len=41, route cntr=1
fr=2, to=24, len=54, route cntr=2
fr=2, to=12, len=93, route cntr=3
fr=2, to=13, len=100, route cntr=4
fr=2, to=5, len=40, route cntr=5
s=2, no of routes=5

fr=3, to=23, len=16, route cntr=6
fr=3, to=0, len=26, route cntr=7
s=3, no of routes=2

fr=4, to=3, len=14, route cntr=8
s=4, no of routes=1

...

redpajama_set_name: RedPajamaStackExchange


text:
Sun, 19 Jan 2020 05:38:45 GMT
8.8: rII Locus of T4
[ "article:topic", "authorname:kimballj", "showtoc:no", "license:ccby" ]
Book: Biology (Kimball)
Unit 8: The Genetic Consequences of Meiosis
Contributed by John W. Kimball
Professor (retired) at Tufts University & Harvard
Mapping Within A Gene: the RII Locus
Detecting Mutation within a Single Gene
Mapping Point Mutations Within A Gene
Deletion Mapping
T2 and its close relative T4 are viruses that infect the bacterium E. coli. The infection ends with destruction (lysis) of the bacterial cell so these viruses are examples of bacteriophages ("bacteria eaters"). They have been enormously useful in genetic studies because:
Viruses of two (or more) different genotypes can simultaneously infect a single bacterium.
The DNA molecules of one of the infecting viruses can recombine with that of another forming recombinant molecules.
The huge number of viruses released from a huge number of bacterial hosts enables even rare recombination events to be detected.
Another page — Bacteriophage Genetics — describes how T2 is used to map the order and relative spacing of genes on the single circular molecule of DNA that is the virus's genome. Here let us see how T4 can be used to detect mutations within a single gene and speed up the process of mapping these point mutations by the use of deletion mutants.
In Bacteriophage Genetics, we examined mutation of a gene designated r, for "rapid lysis". It turned out that actually there are three different gene loci — rI, rII, and rIII — mutations in any one of which produced a rapid-lysis phenotype. But, in addition, there were many mutations found in each of these. Could wild-type virus be formed by recombination between mutations within the same gene? Seymour Benzer decided to find out.
As we saw in Bacteriophage Genetics, the recombination frequency between different genes is low (on the order of 10-2). One would expect that recombination frequencies between mutations in a single gene would be far lower (10-4 or less). Fortunately Benzer could exploit a phenomenon to enable him to detect such rare events: rII mutants as well as wild-type T4 can infect and complete their life cycle in a strain of E. coli designated B. However, while rII mutants can infect a strain of E. coli designated K, they cannot complete their life cycle in strain K. Wild-type T4 can.
The procedure was to infect strain B in liquid culture with two mutants to be tested (designated here as rx and ry). After incubation, these were plated on a lawn of:
strain B — which supports the growth of all viruses thus giving the total number of viruses liberated.
strain K — on which only wild-type viruses can grow.
The recombination frequency between any pair of mutations is calculated as
\[\text{Recombination Frequency} = \dfrac{2 \times \text{number of wild-type plaques (strain K plaques)}}{\text{total number of plaques (on strain B)}}\]
You have to double the number found on strain K because you only see one-half the recombinants — the other half consists of double mutants. Using this technique, Benzer eventually found some 2000 different mutations in the rII gene. The recombination frequency between some pairs of these was as low as 0.02.
The T4 genome has 160,000 base pairs of DNA extending over ~1,600 centimorgans (cM).
So 1 cM ≅ 100 base pairs
So 0.02 cM represents a pair of adjacent nucleotides.
From these data, Benzer concluded that the
smallest unit of mutation and
the smallest unit of recombination
was a single base pair of DNA.
In other words, these mutations represent a change in a single base pair — we call these point mutations. Recombination between two molecules of DNA can occur at any pair of nucleotides.
The relative order and spacing of any two point mutations in a single gene like rII can be done using the procedure describe in Bacteriophage Genetics. But with some 2000 different mutations to test, the process would be tremendously time-consuming. (Even using the procedure to be described now, Benzer spent some 10 years on the project.) Benzer was able to speed up the mapping process by taking advantage of the discovery that some of his mutants did not have point mutations but deletions instead. In contrast to the properties of T4 viruses with point mutations, T4 viruses with deletions in rII showed no recombination with other rII mutants or any other genes for that matter. Moreover, these deletions never back-mutated.
Deletions can be mapped by the same procedure used for point mutations. Simply cross pairs of deletion mutants and see if they produce progeny that can grow on E. coli strain K. Here is a hypothetical example. Each of 6 strains of deletion mutants are crossed with each of the others.
Table 8.8.1:
Strains 1 2 3 4 5 6
1 0 0 + 0 0 0 1 and 3 do not overlap
2 0 + + 0 0 must shift 4 away from 2
3 0 + + 0 6 must extend under 3
4 0 + + right-hand end of 4 must be removed from over 6
5 0 + left-hand end of 6 must not overlap 5 but must continue to overlap 2.
∴ shorten right-hand end of 5
From the results, one can draw a map showing the order and relative size of the deletions.
With such a deletion map, one can now quickly map the location of point mutations by coinfecting each of the different deletion strains (here 1–6) with the mutant strain ("x").
There is no longer any need to count plaques; simple see whether there is growth or not.
Coinfect with strain 1 2 3 4 5 6
and mutant "x"
Results → 0 0 + + 0 +
From these results, we learn that the point mutation "x" is located on the T4 DNA within the region shown above in blue.
As we saw above, rapid lysis (r) mutants were found that mapped to three different regions of the T4 genome: rI, rII, and rIII. This meant that those in different regions were not alleles of the same gene and more than one gene product participated in the lysis function. Even within one "locus", rII, there turned out to be two different stretches of DNA both of which were needed intact for the lysis function. This was revealed by the complementation test that Benzer used. In this test,
E. coli strain K (which rII mutants can infect but not complete their life cycle) — growing in liquid culture — was
coinfected with two different rII mutants (shown in the figure as "1" and "2").
Note that this procedure differs from the earlier one (recombination) in that the nonpermissive E. coli K is used for the initial infection (not strain B as before). Neither strain rII"1" nor strain rII"2" is able to grown in E. coli K. But if the lost function in rII"1" is NOT the same as the lost function in rII"2", then
each should be able to produce the gene product missing in the other — complementation — and
living phages will be produced. (Again, there is no need to count plaques; simply see if they are formed or not.)
Mutant strains 1 2 3 4 5
1 0 0 + 0 +
2 0 + 0 +
3 0 + 0
4 0 +
From these results, you can deduce that these 5 rII mutants fall into two different complementation groups, which Benzer designated A (containing strains 1, 2, and 4) and B (containing strains 3 and 5). Later work showed that the function of rII depended on the polypeptide products encoded by two adjacent regions (A and B) of rII (perhaps acting as a heterodimer). In terms of function, then, both A and B qualify as independent genes. In coinfections by two mutant strains,
If either A or B is mutated on the same DNA molecule ("cis"), there is no function while
if A is mutated in one DNA molecule and B in the other ("trans"), function is restored.
Complementation, then, is the ability of two different mutations to restore wild-type function when they are in the "trans" (on different DNA molecules), but not when they are in "cis" (on the same DNA molecule). Benzer coined the term cistron for these genetic units of function. But today, we simply modify earlier concepts of the "gene" to fit this operational definition.
John W. Kimball. This content is distributed under a Creative Commons Attribution 3.0 Unported (CC BY 3.0) license and made possible by funding from The Saylor Foundation.
8.7: Mapping the Genes of T2
Unit 9: Regulation of Gene Expression
John W. Kimball


Phantom Of The Opera Makeups!
These were done by the amazing SylentPhantom. Click the links and you shall see bigger versions.
Re: Phantom Of The Opera Makeups!
That looks so impressive! I especially like the part where the makeup is extended over the hairline - very realistic.
Cool Lon Chaney makeup too.
I would pose some work but it's all old stuff the news stuff i did you already posted Alexiel so maybe I'll have to do some new stuff. Always loved that photo shoot we did.
You look amazing! My favourite is where you are posing with your arms folded across your chest. The make-up is superbly done... and draws one's attention to your attractive eyes!
You should post a couple of the "humorous" ones.
Just browsing through these today and have to say how much I LOVE the photo with your arms crossed! Very much how I picture Leroux's Erik. Perfect!!


Individual Arrival in BARI. We suggest you to visit the city, cultural crossroads since ancient times. Bari is an ideal starting point, a city where two souls meet: the old town, surrounded by an imposing wall and crossed with narrow streets that lead to the discovery of its rich heritage; and the modern city, built at the beginning of the 19th Century and having endured several changes over time. Don't forget to visit the Basilica of San Nicola, a wonderful example of Apulian Romanesque. Overnight stay in Bari.
Bike and road map delivery, route description. Today you will discover the beauty of the Apulian Romanesque cathedrals cycling toward the towns of BITONTO, TERLIZZI, RUVO DI PUGLIA and TRANI, your final destination. Trani's cathedral, regarded by some as the "Queen of cathedrals in Puglia", exhibits a finely decorated portal with a marvellous bronze door work of Barisano da Trani, comprising of 32 panels each portraying a biblical character. (About 68 Km). Overnight stay in Trani.
Today you'll cycle across the Apulian inland. Your first stop is ANDRIA, where you can enjoy the famous Burrata (mozzarella that's formed into a pouch and then filled with soft, stringy curd and cream). Then you'll continue for about 10 kilometers reaching the Alta Murgia National Park. Among hills, pastures, olive trees and vineyards, on a hill of the Murge Plateau, you'll finally get to the most important example of Swabian architecture: Castel del Monte (UNESCO World heritage site). (About 55 Km). Overnight stay in MINERVINO MURGE/Area.
Today you are still in the Murgia Plateau: Expanses of grassy terrain is broken up by the whiteness of the rocks, while a dense woodland changes color according to the seasons, and a network of canals through which creeks once ran are today marked by expansive, cultivated fields. Your destination for the day is GRAVINA IN PUGLIA, a land of natural galleries, caves and ravines carved out by an underground river and used as human dwellings in centuries past. (About 65 Km) Overnight stay in Gravina in Puglia.
Leaving Gravina, you will ride up to ALTAMURA. The town can be spotted on a spur overlooking the plateau, with the Cathedral towers standing out against the sky. Don't miss the chance to taste the famous Altamura bread and Focaccia. At the end of the stage your tour will lead you to another famous UNESCO world heritage site: MATERA. Famous for its Sassi and stunning landscapes, Matera, located on the border of Basilicata and Puglia, is not only breathtaking, but fascinating. (About 45 Km). Overnight stay in Matera.
Heading out of Basilicata, you will enter Apulia again. Crossing GIOIA DEL COLLE, home of the mozzarella, and NOCI, you will reach ALBEROBELLO, universally-known as the capital of the Trulli, distictive, small, dry-stone buildings with a conical roof. There are about 1500 trulli scattered in Monti and Aia Piccola districts, both listed as World Heritage by UNESCO in 1996. If you want you can spend the night in a Trullo. (About 79 Km). Overnight stay in Alberobello.
Today you will discover on your bike the stunning beauty of the Apulian countryside and not only that. You will ride towards CASTELLANA GROTTE, known for its intriguing underground caves. Amazing stalactites and stalagmites give shape to a fascinating and mysterious scenery, provided with an evocative play between light and shade. Then you'll start the downhill run towards the sea, until you'll reach POLIGNANO A MARE, a shining gem on the coast of the Valle d'Itria, perched atop a 20 metre-high limestone cliff above the crystal clear waters of the Adriatic. At this point you can choose wether to reach Bari by train (Ticket price is not included; your bike travels for FREE on regional rails ), or by bike. (up to Polignano 35 Km; up to Bari 82 Km). Overnight stay in Bari.
End of services and Goodbye!


I was just thinking about how great it would be to have cheerleaders cheering you on in your everyday life. That would just be awesome.
There was a whole lot to cheer about today in my kitchen. I came up with a low carb yogurt recipe that I am super psyched about.
It's an incredibly simple recipe.
I just took plain Greek yogurt and added in some homemade sugar-free cranberry sauce. I blended it up in the blender and just like that, I had the perfect low carb snack. It's only got 8g net carbs per cup but it tastes just like a normal mixed berry fruit yogurt. It's got this great tang to it. It's really good.
The only thing this recipe needs is the perfect cheer. Spartan Spirit!
This recipe for low carb cranberry Greek yogurt is a great snack with only 8g net carbs.
1. Mix the cranberries, sweetener and water in a small sauce pan. Cook over medium high heat until it boils.
2. Lower the heat to medium and cook for 8-10 minutes until the cranberries pop and the sauce thickens. Check for sweetness and add more sweetener if necessary.
3. Add the cranberries to a blender and blend for 30 seconds. Add the yogurt to the blender and blend for 30 more seconds more until fully mixed.
4. Chill the yogurt in the refrigerator.
If you liked this low carb yogurt recipe, then you might like my recipes for Yogurt Parfaits or Jello Yogurt Whips.
This really does taste just like mixed berry yogurt! I'm going to freeze some of the cranberry sauce so I can make this treat when cranberries aren't in season. Thanks for posting this.
Good idea. I hate how short the cranberry season is.


Enlarge View 122 images in sequence.
General Correspondence:Chanute, Octave . 1901. Manuscript/Mixed Material. https://0-www.loc.gov.oasys.lib.oxy.edu/item/wright002401/.
(1901) General Correspondence:Chanute, Octave . [Manuscript/Mixed Material] Retrieved from the Library of Congress, https://0-www.loc.gov.oasys.lib.oxy.edu/item/wright002401/.
General Correspondence:Chanute, Octave . 1901. Manuscript/Mixed Material. Retrieved from the Library of Congress, <www.loc.gov/item/wright002401/>.


When I found out I was selected to take part in the #FordThinking challenge as part of Kidspot Voices 2015, I wanted to make the experience meaningful for our family as well as those around us. After all, we were going to get to drive around an awesome new Ford Kuga MKII for six weeks with our travels covered by several fuel vouchers – so it was a great opportunity for us to pay it forward.
After lots of ideas being tossed around by the kids and grown ups in the family, we finally decided on three "kindness outings" which I will share over the coming weeks.
I've seen the "Giving Plate" idea going around on Facebook for quite a while and always wanted to try it. Basically the concept is that you give a plate of food to someone, and they use the plate to pass something on to another person, and so on and so forth.
Most people actually write on a plate to explain the idea to the recipient (there are several different poems or verses people use – see examples in Pinterest), but I decided to create a printable card so that anyone could use any plate and still play along. I'll share that later.
I also decided to call our plate the "Kindness Plate" as we talk a lot about doing acts of kindness in our home.
…so when I explained the concept of the Kindness Plate to the kids, there was no question about what we would make! I have modified my favourite Blueberry Muffin recipe to suit various intolerances over the years and I'll describe it below.
Lastly mix in 1 1/2 cups of blueberries (defrost in the microwave for about a minute if you are using frozen), gently folding them into the batter.
Oil your muffin tin (I spray with coconut oil) then pour the batter in. This recipe makes us 12 regular sized muffins and 12 mini muffins but it all depends on your tin size, of course.
Bake for about 15 minutes on 200 C (390 F) until a toothpick comes out dry. Let them sit for a few minutes before taking out of the muffin tin. Cool completely before storing in an airtight container, if you can resist eating them straight away. I had to fill up a container and set it aside so we could save them for the next day's delivery – these muffins usually go very quickly in our house!
We hope you enjoy it, yes we do!
Would you like to pass the kindness on?
In the printable I also included the web address for this article so anyone receiving the plate could find out how to print the poem again, too.
Note: This file is a PDF and there are two copies of the poem per page.
…especially since it beeps faster when you get too close to something! I've always been nervous backing out of our driveway as we live on a road where lots of cars park on the street plus there is a metal median right down the centre making it a tight squeeze. I'll really miss this safety feature when we give the Ford Kuga back.
It's also been great to use the rear camera in tight parking lots and shopping centre parking decks. I feel so much more confident reversing a car using the camera and will definitely be looking for this feature in future cars.
After a cruisy drive with the sunroof open (the kids absolutely LOVE that), we arrived at our destination.
We had decided to give our batch of muffins to one of my son's friends whose father is out of town for a few months. There were lots of other people we thought of who would appreciate a plate though so we'll have to do more visits soon.
It was a fun few days of baking and delivering, and we really hope you might like to print out the Kindness Plate poem to use yourself. If you are already cooking or baking, it's easy enough to set aside a portion to pass on… and it really is a lovely and simple way to show people that you care and are thinking about them.
Would you like to give a Kindness Plate to someone? Who would you choose and why?
I adore the idea of a kindness plate and passing that on. Thanks for the recipe!
I've just been talking with my hubby about those Ford Kuga cars and they look really nice. Love the safety features you mention, which is exactly what we need living opposite a school and with kids of our own.
You're welcome, Kate! And as for the rear camera, I agree!! We have TONS of walkers in our neighbourhood (we live right near a bus stop, and are close to the city so lots of people take the bus to work) and I feel so much safer backing out with it! Makes such a difference, I'm not nearly as anxious about missing someone behind the car these days!
Ooh, nice car! And I love your kindness plate idea! We like to bake, and this would be the perfect excuse!
Your kids look so cute in the backseat there!! Love the car!!
The Giving Plates themselves are so beautiful! I've seen lots of really lovely designs!!
Yay I hope you all have a blast!
Hehe thanks Kate – I'm really starting to enjoy all the features in the car so will definitely miss it when it's gone!
This is such a lovely idea! The car is awesome for your family too! Love it!


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We're so excited to let you know that an author visit has been arranged for February 4th!
So you've got plenty of time to read all her books–and buy them if you want to get them signed.
We'll give you some hints.
She began writing poetry and stories in third grade about her pet English Bulldog and tropical fish, now she writes fantasy.
Both of her series have been on the New York Times Bestseller List!
One of her series takes place in modern Ohio. Except with swords and duels and magic and Heirs.
*Alright, so I made this list up, but if we did have this list, she'd be on it right under John Green, Suzanne Collins, and Markus Zusak.
**Not actually as long as my arm.
We are so excited to welcome Ms. Chima to LFHS this winter! February 4th, 2015 Ms. Chima will do a presentation in the auditorium third period, followed by a signing. Then come hang out in the library during the lunch periods, where she'll do writing workshops with students, talk about books, publishing, and writing for a living.
The Warrior Heir is also our book club book! Tuesday, December 16th, at 7AM start your morning off right with breakfast and books!
Before he knew about the Roses, 16-year-old Jack lived an unremarkable life in the small Ohio town of Trinity. Only the medicine he has to take daily and the thick scar above his heart set him apart from the other high-schoolers. Then one day Jack skips his medicine. Suddenly, he is stronger, fiercer, and more confident than ever before. And it feels great—until he loses control of his own strength and nearly kills another player during soccer team tryouts.
Soon, Jack learns the startling truth about himself: He is Weirlind; part of an underground society of magical people who live among us. At the head of this magical society sit the feuding houses of the Red Rose and the White Rose, whose power is determined by playing The Game—a magical tournament in which each house sponsors a warrior to fight to the death. The winning house rules the Weir.
As if his bizarre magical heritage isn't enough, Jack finds out that he's not just another member of Weirlind—he's one of the last of the warriors—at a time when both houses are scouting for a player.
The Warrior Heir was named to Voya's Best Science Fiction and Fantasy 2005-2006, is a 2006 Booksense Summer Reading Pick, was named to the 2007-2008 Lone Star Reading List, and was a finalist for the 2006 Great Lakes Book Award. Warrior Heir received a starred review in the Bulletin of the Center for Children's Books and a "Perfect Ten" (5Q, 5P) in Voya. The Wizard Heir also received a "Perfect Ten" from Voya and appears on Voya's Best Science Fiction and Fantasy 2007. The Dragon Heir received a starred review in Kirkus, was named to Kirkus's Best YA 2008 list, was a VOYA Perfect Ten, and is a USA Today, Indie Next, and NYT bestseller.


Wahl aus: Without bubbles, Aloe Vera, Blueberry, Cherry, Disco, Green apple, Lemon und mehr.
Wahl aus: Only milk, Soy milk, Milk and whipped cream oder Soy milk and whipped cream.
Wahl aus: Soy milk, Warm, Cold oder Cold and ice blended.


As we transition into new Low Vision Division leadership, I wanted to say what an honor it was to serve all the members during my tenure as chair. Although we are the smallest division of The Vision Council and have had a limited budget, we've made good progress on several fronts.
I believe we have been successful in fulfilling our Division's core purpose, which is, "to further the visibility and acceptance of technology in the process of low vision rehabilitation," over the last three years as evidenced by a number of accomplishments. For example, our whatislowvision.org consumer-facing website, which was created by The Vision Council's Marketing and Communication team with the help of the Low Vision Division's Marketing Committee, continues to gain interest and gives us a place to direct visually impaired consumers and their caregivers who are looking for resources and assistance.
Furthermore, The Vision Council's Vision Expo Show team along with the Low Vision Division's Education Committee, was successful in keeping low vision education as an integral part of both Vision Expo East and West with new continuing education courses, resulting in attendance of over 200 people per year between both shows.
The Vision Council's Government & Regulatory Affairs Committee did an excellent job, along with Dr. Henry Greene from the Low Vision Division, of informing members of several issues affecting our industry including California Prop 65 compliance, China duties and legislative bills relating to low vision.
This work could not have been accomplished without the many Low Vision Division member volunteers that have devoted their time and I am grateful for all of them and for their dedication to our industry association. Special thanks go to the Low Vision Division Steering Committee Members Richard Tapping, Yves Boisjoli and Ken Bradley.
I also want to thank Greg Chavez, The Vision Council liaison, who has many other responsibilities as the executive vice president of operations & membership for The Vision Council, yet still manages to support our Division. Much goes on behind the scenes to get things done and I am in debt to Greg who has helped represent the Low Vision Division's interests.
There is still work that needs to be done on several projects we have undertaken and new initiatives we must consider, but I am confident that we are in good hands with our new Low Vision Division Chair, Richard Tapping, and I am optimistic about our Division's future!


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Celebrity WN
Home » Sport » WWE legend Mick Foley tests positive for coronavirus and misses Christmas with family after being forced to isolate
WWE legend Mick Foley tests positive for coronavirus and misses Christmas with family after being forced to isolate
ONE of the toughest men to ever wrestle in WWE has revealed they are battling coronavirus.
Hall of Famer Mick Foley took to Twitter to announce he has tested positive for Covid-19.
And the King of Hardcore has been forced to miss out on celebrating Christmas and New Year with his family due to him self-isolating.
The 55-year-old, better known as one of his three personas of Mankind, Cactus Jack and Dude Love, has used his social channels throughout the pandemic to urge people to follow regulations.
Now he has shared his own experience of the deadly bug on Twitter.
He wrote: "I tested positive for COVID following a December virtual signing, and have been isolating in a hotel room for the past 18 days.
"Please continue to take this virus seriously – mask up, social distance, look out for one another. Wishing all of you a happy, healthy new year."
His tweet was accompanied with a video clip, with the former WWE champion admitting he 'could have done better' to stay safe.
Foley, who was famously tossed off the Hell In A Cell by The Undertaker, said: "I want people to take this very seriously.
"I know that some will get kind of a kick out of me contracting the virus after being so adamant about wearing masks and social distancing.
"I did, I did my best, I — you know, I could have done better. I could have done no appearances, but I did cut back dramatically.
"I did four virtual signings, two reality shows, two personal appearances, a commercial, and one WWE event for The Undertaker's retirement in – it's almost eleven months.
"So I cut back dramatically, I had 12 COVID tests done and tried to take it as seriously as I could. But it's bad stuff, and I hope all of you will take it very seriously."
However, despite acknowledging there are 'some tough days ahead', he urged his fans to take all the relevant precautions in the fight against Covid.
Foley added: "There's a vaccine and better days on the horizon, but there's still some tough days ahead.
"Please, continue to wear your masks, social distance, avoid travel if you can. And hopefully, we'll look back on 2021 as a much better year than 2020.
"Wishing all of you the very best and hoping all of your days will be nice."
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'Gilmore Girls' Actor David Sutcliffe Says He Didn't Attend Capitol Riots
Gilmore Girls actor David Sutcliffe took to Twitter over the weekend to dispel the rumors that he had been involved in the Capitol riots earlier this month, which left five people, including a Capitol police officer, dead. After several people tweeted that Sutcliffe, who played Lorelai's ex and Rory's father,
Phillip Schofield: Father's blunt response after TV star saved him when he 'dropped dead'
Tower of London: Phillip Schofield on raven going 'missing' The TV star, 58, is considered a national treasure by many who have watched him on BBC and ITV shows over the decades. Most recently, Schofield has presented This Morning alongside Holly Willoughby, who helped the star when he came out
Cara Delevingne and St. Vincent Will Always Take Me Back to My First Queer Relationship
This month, I moved back to New York City for the first time since leaving after college. As a result, I've had St. Vincent's "New York" stuck in my head constantly. New York isn't New York, without you, love… If you know the song, and anything about St. Vincent's Annie
Salma Hayek stuns in photos as she celebrates 17 million Instagram followers
Fox News Flash top entertainment headlines for January 18 Fox News Flash top entertainment and celebrity headlines are here. Check out what's clicking today in entertainment. Salma Hayek is celebrating a social media milestone: 17 million followers on Instagram. The Oscar-nominated actress took to the platform on Sunday to share
Fox News Flash top headlines for January 19 Fox News Flash top headlines are here. Check out what's clicking on Foxnews.com. At least a dozen people were arrested in Seattle — and two vehicles were impounded — Monday after a group of people showing their support for Black Lives Matter blocked a freeway,
At Bowery Farming, a company that has very little to do with the Bowery but grows greens in vertical indoor farms, has introduced a series of what it's calling Farmer's Selection, greens released every four months to tempt the willing cook to depart from the usual arugula and baby romaine.
18 family members get COVID-19 after holiday gathering in Pennsylvania
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Calgary's Utility Box Art
Decorated by local artists, the city's utility boxes have become three-dimensional canvases.
Leanne Louie (Atlas Obscura User)
Top Places in Calgary
Pterosaur Jaw Bone
National Music Centre
Nose Hill Siksikaitsitapi Medicine Wheel
In most cities, the plain coloring of utility boxes blends in with the background scenery. But in Calgary, these fixtures have become three-dimensional canvases, decorated by artists to add a splash of color to the city streets.
In 2010, the city of Calgary initiated the Utility Box Public Art Program with the goal of deterring vandalism and graffiti. With the help of local artists, the plain grays and greens typical of these fixtures disappeared beneath vibrant artworks depicting everything from the local wildlife to abstract patterns. Given the boxes' popularity among the people of Calgary, the program became permanent in 2011 and has continued to grow, engaging new partners and artists from around the city.
Although it began as a preventative measure against vandalism, the Utility Box Program has become a cultural symbol of Calgary. The colorful designs are celebrated as beloved additions to the cityscape that people can enjoy while driving to work or the grocery store. As many of the artworks depict aspects of the local culture, the utility boxes function not only to brighten people's days with vibrant hues, but also to foster a sense of community and shared identity amongst Calgarians. And for tourists, visiting these utility boxes is an excellent way to pass a day away while taking in some of the sights of the city.
The first box was decorated along 16th Avenue N in 2010. Since then, more than 200 have been decorated. You can browse the painted utility boxes and their locations on the Calgary city website.
Leanne Louie
http://www.calgary.ca/CSPS/Recreation/Pages/Public-Art/Utility-Box-Public-Art-Program.aspx
16th Avenue N
Peace Bridge
1886 Buffalo Cafe
This First Nations monument is a peaceful spot with vast views of the Calgary prairie.
With its webbed walls and bright red coloring, Calgary's iconic bridge looks like a finger trap puzzle stretched across the river.
One of the last remaining buildings from one of Calgary's earliest businesses.
Udderly Art Pasture
A herd of colorfully painted bovine statues can be found in the middle of "cowtown."


IMAGES FROM FIA FORMULA ONE WORLD CHAMPIONSHIP (1981-1994) - © 2014 FORMULA ONE WORLD CHAMPIONSHIP LIMITED. ALL RIGHTS RESERVED.
F1 FORMULA 1 LOGO, F1 LOGO, F1 FIA FORMULA 1 WORLD CHAMPIONSHIP LOGO, FORMULA 1, FORMULA ONE, F1, FIA FORMULA ONE WORLD CHAMPIONSHIP, GRAND PRIX AND THE CORRELATED BRANDS ARE TRADEMARKS OF FORMULA ONE LICENSING BV, OF FORMULA ONE GROUP COMPANY.
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Portland, Oregon - A 3-year-old Great Dane was retching when its owners rushed him to a northwest Portland emergency animal hospital.
X-rays showed a stomach full of "a large quantity of foreign material." Nearly two hours of surgery later, Dr. Ashley Magee had the answer…the dog had consumed 43 ½ socks.
DoveLewis Emergency Animal Hospital spokeswoman Shawna Harch said it's perhaps the strangest case in the hospital's history, The Oregonian reported.
The DoveLewis entry summary says the Great Dane was discharged home a day after surgery. Harch says the owners aren't available for comment but she confirms the dog is alive.


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Search results for " Robert Kanigher"
New Crusaders: Legacy
Publisher: Dark Circle Comics
Written by: Bill Dubay, Chas Ward, David Singer, Ian Flynn, Marty Greim, Rich Margopoulos, Robert Kanigher, Stan Timmons
Art By: Adrian Gonzales, Alan Kupperberg, Alex Nino, Alex Toth, Carmine Infantino, Chic Stone, Dick Ayers, Eduardo Barreto, Frank Giacoia, Gray Morrow, Jerry Gaylord, John Workman, Kent Archer, Lou Manna, Rex Lindsey, Ricardo Villagran, Rich Buckler, Steve Ditko, Thomas Mason, Vicatan
In one of history's greatest battles against the forces of evil, The Mighty Crusaders did the impossible: they won. Now, for the first time ever, witness their heroic battle for the fate of the world like never before in this unique graphic novel collection from Red Circle Comics! Using an innovative blend of NEW and CLASSIC material, New Crusaders: Legacy takes readers on a tour of the Red Circle universe, guided by the characters themselves! Picking up directly following the events of New Crusaders: Rise of the Heroes, our new team of young heroes struggle under the tutelage of the world's first patriotic super hero: the Shield. The Shield teaches these New Crusaders about the early history of their parents, the Mighty Crusaders, seen by the reader in the form of some of the best classic tales from the 1980s Red Circle super hero titles. Featuring legendary comic artists such as Steve Ditko and Alex Toth!