text:
336 F. 2d 791 - Benson v. People of State of California
336 F2d 791 Benson v. People of State of California
Ralph R. BENSON, Petitioner-Appellant,
PEOPLE OF the STATE OF CALIFORNIA, Peter Pitchess, Sheriff of Los Angeles County, and Leland Carter, Probation Officer of Los Angeles County, Respondents-Appellees.
United States Court of Appeals Ninth Circuit.
Rehearing Denied November 5, 1964.
George W. Kell, Monterey Park, Cal., for appellant.
Stanley Mosk, Atty. Gen. of Cal., William E. James, Asst. Atty. Gen. of Cal., William B. McKesson, Dist. Atty. for County of Los Angeles, Harry Wood, Harry B. Sondheim, Deputy Dist. Attys., County of Los Angeles, Los Angeles, Cal., for appellee.
Before BARNES and JERTBERG, Circuit Judges, and McNICHOLS, District Judge.
JERTBERG, Circuit Judge.
This is an appeal from a judgment of the United States District Court for the Southern District of California, Central Division, denying the petition of Ralph R. Benson, appellant herein, for a writ of habeas corpus. Jurisdiction of the District Court is based upon 28 U.S.C. § 2241(a). This court has jurisdiction to review on appeal a final order of the district judge refusing to issue a writ of habeas corpus when a certificate of probable cause has been granted. (28 U.S.C. § 2253.) Such certificate was granted in this case.
An information was filed in the Superior Court of the State of California, in and for the County of Los Angeles, against appellant, an attorney at law, and two co-defendants, one Isaac Matloff, a chiropractor, and one Edwin T. Harder, an osteopathic physician. In Count I of the information all three were charged with conspiracy to commit grand theft and to violate Section 556 of the California Insurance Code,1 Count II charged all three with a violation of Section 556 of the Insurance Code on or about March 10, 1960. Count III charged another violation of Section 556 on or about April 28, 1960.
At approximately the midway point in the jury trial, Matloff and Harder entered pleas of guilty to a charge of attempting to violate Section 556 of the California Insurance Code, a lesser but necessarily included offense to that set forth in Count III of the information. Upon such occurrence the appellant waived trial by jury and the trial continued as a trial to the court. Upon close of the trial the judge adjudged appellant guilty on all three counts of the indictment. Appellant's motion for a new trial was denied, sentence was suspended, and appellant was granted probation for five years on condition that he first serve one hundred eighty days in jail and pay a fine of $5,000.00.
Appellant duly appealed to the District Court of Appeals of the State of California which affirmed the judgment of the trial court. See People v. Benson, 206 Cal.App.2d 519, 23 Cal.Rptr. 908. Petition for rehearing of the appeal was denied and a petition for hearing before the Supreme Court of the State of California was denied. Petition for certiorari to the United States Supreme Court was denied. (374 U.S. 806, 83 S.Ct. 1691, 10 L.Ed.2d 1030.) Petition for rehearing of the order denying certiorari was likewise denied. (375 U.S. 870, 84 S.Ct. 29, 11 L.Ed.2d 100.)
Appellant then filed his petition for habeas corpus in the District Court. The District Court issued an order to show cause to the Sheriff of Los Angeles County who filed a return denying that the appellant was in any way illegally restrained of his liberty for any of the reasons set forth in the petition, or for any other reason. The hearing on the petition was heard by the District Court and a set of exhibits which constituted a record of the entire trial and appellate proceedings hereinbefore outlined was received in evidence. After hearing, the District Court denied the writ of habeas corpus. The District Court filed a written memorandum and order.
The facts, largely undisputed, are set forth in great detail in the opinion of the District Court of Appeals of the State of California (People v. Benson, supra.) The interested reader is referred to that opinion for the detailed statement of the facts. For that reason we deem it unnecessary to restate them here in great detail. In skeletonized form it appears as follows: One William Bucholz was involved in a rear-end collision while driving his automobile. An employee of the garage to which the car was taken for repairs notified Matloff of the rear-end collision responsive to Matloff's offer of $25.00 for such information. Matloff paid an uninvited visit upon Bucholz at his residence and told him if he would say he had sustained a whiplash injury there would be no way to prove otherwise. Bucholz told Matloff that he had not been injured but Matloff told Bucholz that appellant, an attorney, would be in touch with him in the next few days. Bucholz said he would think it over. He then telephoned the police department and subsequently became a decoy for the District Attorney's Office. Pursuant to a call by Matloff, Potter, a young law clerk working in appellant's law office, was sent to the Bucholz residence. Bucholz told Potter that he wanted to sleep on it before he engaged appellant as his attorney. Potter tore up the papers he had brought for Bucholz to sign, and left. After the District Attorney's Office had installed recording equipment in the Bucholz' residence, Bucholz telephoned appellant saying he wished to speak to Potter again. During Potter's second visit, Bucholz explained how the accident happened and again told Potter he was not injured to which Potter replied, "then there is no personal injury case."
Matloff came to Bucholz' residence on six or seven occasions but administered only one treatment. Matloff's bill reflected twenty-six treatments. Matloff explained the bigger the bill the bigger would be Bucholz' recovery. Appellant forwarded Matloff's medical bills and reports to the insurance carrier for the other party to the rear-end collision.
Later Bucholz called appellant and made an appointment to see him about the case. Bucholz kept the appointment wearing a Minifon. During the course of the recorded conversation Bucholz told appellant he was not injured. This statement was repeated again by Bucholz in a later phone conversation with appellant.
Later Bucholz, accompanied by Robert Meng, an investigator for the District Attorney's Office, called upon Matloff. Posing as a person who had been recently involved in a rear-end collision [although such was not the fact], Meng told Matloff that he had not been injured but Bucholz advised him that he might make some money, to which statement Matloff agreed. At such visit Matloff stated: "You are always injured in a rear-end collision. You get a whiplash." On the same occasion Matloff stated that an additional doctor would lend greater support to Meng's claim of injury and treatment. Matloff stated that he and Harder had been working together with appellant for some time and that Harder would give the same diagnosis. Matloff then telephoned appellant who talked to Meng. Appellant asked if Meng was working. Meng said "No". Appellant replied, "You were working." Meng replied, "Well, okay."
Later Meng telephoned appellant. The conversation was recorded. The conversation was lengthy and is set forth in People v. Benson, supra. During that conversation Meng told appellant that he hadn't been hurt in the rear end collision and that he had lost no time from his work.
Later Meng telephoned appellant and arranged for an appointment at appellant's office. When Meng appeared at appellant's office he was wearing a Minifon which recorded the conversation. In substance, appellant stated that if Meng and the doctor were willing to say that the facts contained on Matloff's medical forms were correct, he was willing to go along with it. Meng again told appellant he was not injured. Appellant thereafter submitted the false bills and medical reports of Doctors Matloff and Harder to Meng's insurance carrier.
Evidence was also introduced, without objection, that appellant had forwarded to still another insurance carrier a false report of Harder pertaining to one Villabisencio. It appears that Villabisencio received a bill from Harder for fourteen visits, whereas the latter had seen Villabisencio not more than five times. When Villabisencio telephoned appellant about the matter, appellant said: "Well you sign it, I am your attorney, and if I tell you to sign it, you sign it; don't sign anything else unless I tell you." Villabisencio signed the bill which appellant submitted to the insurance carrier.
Appellant's first contention is that the conversations which took place in appellant's office between appellant and Bucholz and appellant and Meng, and transcriptions of the recordings of such conversations, should have been excluded by the California trial court on the ground that they were the fruits of an unreasonable search and seizure in violation of the Fourth and Fourteenth Amendments to the Constitution of the United States, and compelled appellant to be a witness against himself, and deprived him of his liberty without due process of law in violation of his Fifth and Fourteenth Amendment rights. Appellant makes no contention that the trial court should have excluded, on the same ground, the telephone conversations between appellant and Bucholz and appellant and Meng, and the transcriptions of the recordings made of such conversations.
Under recent Supreme Court decisions it is clear that the Fourth Amendment and the Due Process Clause of the Fourteenth Amendment render inadmissible in a state criminal trial all evidence obtained as a result of an illegal search and seizure, Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961), and that the legality of a state search and seizure is to be measured, for purposes of the exclusionary rule, by the "fundamental criteria" of the Fourth Amendment, Ker v. California, 374 U.S. 23, 83 S.Ct. 1623, 10 L.Ed.2d 726 (1963). Since the exclusionary rule is itself a Constitutional dictate, Mapp v. Ohio, supra, the question of illegal search and seizure by state authorities of evidence for use in a state criminal trial is cognizable by the federal courts on application for a writ of habeas corpus.
Appellant urges: (a) that his consent to the entries into his office by Bucholz and Meng was obtained through fraud and misrepresentation in that neither one was a "real" client, neither one suffered injuries which would form the basis of claims against insurance companies, neither one was under the treatment of doctors and Meng had not been involved in an automobile accident; and (b) that such fraud and misrepresentation vitiated his consents to such entries, thereby causing such entries to be in derogation of the rights guaranteed to him by the Constitution of the United States; and (c) finally, that the conversations held between appellant and Bucholz, and appellant and Meng, and the transcriptions of the recordings of such conversations should have been excluded on the ground that they were the fruits of an unreasonable search and seizure and compelled appellant to become a witness against himself.
It is to be noted that at the time such consents to entry were given by appellant, he was aware that neither Bucholz or Meng had suffered injuries in any automobile accident. Appellant was not aware that Meng had not been involved in an automobile accident, nor was he aware that Bucholz was acting as a decoy and Meng was acting as an undercover agent for the District Attorney. Nor was he aware, at the time the conversations took place, that both Meng and Bucholz were wired for sound in the form of a concealed Minifon which each was wearing.
It is to be further noted that no tangible evidence was taken from appellant's office by either Bucholz or Meng, neither testified to any observations made by them while in appellant's office, nor was there any physical intrusion into the walls, furniture or equipment in the office by electronic or other devices which would permit conversations held therein to be overheard by persons other than those in the office. The only purpose which was served by the recordings of the conversations held in appellant's office was to furnish corroboration of the testimony of Bucholz and Meng.2
Before passing upon the validity of appellant's contention we will first review Appellate and Supreme Court decisions in the area. In Gouled v. United States, 255 U.S. 298, 41 S.Ct. 261, 65 L.Ed. 647 (1921), a private in the Army, attached to the Intelligence Department, and a business acquaintance of the defendant, Gouled, under direction of his superior officers, pretending to make a friendly call upon Gouled, gained admission to his office and in his absence, without warrant of any kind, seized and carried away several documents. One of these documents belonging to Gouled was introduced in evidence. It was held that it was the fruit of an unlawful search and seizure. The court stated at page 306, 41 S.Ct. at page 264:
"* * *, whether entrance to the home or office of a person suspected of crime be obtained by a representative of any branch or subdivision of the government of the United States by stealth, or through social acquaintance, or in the guise of a business call, and whether the owner be present or not when he enters, any search and seizure subsequently and secretly made in his absence falls within the scope of the prohibition of the Fourth Amendment, * *"
In Olmstead v. United States, 277 U.S. 438, 48 S.Ct. 564, 72 L.Ed. 944 (1928), evidence obtained by tapping a telephone line where there was no physical invasion of the petitioner's premises was held not violative of the Fourth or Fifth Amendments to the Constitution. Discussing Gouled the court stated at pp. 463-464, 48 S.Ct. at pp. 567-568:
"Gouled v. United States carried the inhibition against unreasonable searches and seizures to the extreme limit. Its authority is not to be enlarged by implication, and must be confined to the precise state of facts disclosed by the record. * * * A stealthy entrance in such circumstances became the equivalent to an entry by force. There was actual entrance into the private quarters of defendant and the taking away of something tangible. Here we have testimony only of voluntary conversations secretly overheard.
"The amendment itself shows that the search is to be of material things — the person, the house, his papers, or his effects. The description of the warrant necessary to make the proceeding lawful is that it must specify the place to be searched and the person or things to be seized."
In Goldman v. United States, 316 U.S. 129, 62 S.Ct. 993, 86 L.Ed. 1322 (1942), the court held that placing a detectapone against an office wall in order to listen to conversations taking place in the office next door did not violate the Fourth Amendment, since the eavesdropping had not been accomplished by means of an unauthorized physical encroachment within a constitutionally protected area. In discussing Olmstead the court stated that no reasonable or logical distinction could be drawn between the facts in the Goldman case and the facts in the Olmstead case. The court refused to overrule Olmstead but adhered to the opinion there expressed.
In On Lee v. United States, 343 U.S. 747, 72 S.Ct. 967, 96 L.Ed. 1270 (1952), a federal agent who was acquainted with the petitioner entered petitioner's laundry and engaged him in an incriminating conversation. The agent had a microphone concealed upon his person. Another agent stationed outside with a receiving set was tuned in on the conversation and at the petitioner's trial related what he had heard. These circumstances were held not to constitute a violation of the petitioner's Fourth Amendment rights since no trespass was committed and the agent went into the petitioner's place of business with the consent, if not by the implied invitation, of the petitioner. The court stated that the authority of Gouled is sharply limited by Olmstead.
In Silverman v. United States, 365 U.S. 505, 81 S.Ct. 679, 5 L.Ed.2d 734 (1961), the eavesdropping was accomplished by means of an unauthorized physical penetration of a recording device into the premises occupied by petitioner. Evidence thus obtained was held violative of the rights guaranteed by the Fourth Amendment. In that case the Supreme Court refused to review its decisions in Olmstead, Goldman and On Lee but distinguished them on the ground that in those cases there had been no physical intrusion into the premises of the petitioners. The court stated at page 512, 81 S.Ct. at page 683:
"We find no occasion to reexamine Goldman here, but we decline to go beyond it, by even a fraction of an inch."
In Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963), verbal incriminating statements made by petitioner, Toy, after his arrest without a warrant and without probable cause were excluded under the inhibition of the Fourth Amendment. In that case Toy operated a laundry. About 6:00 o'clock in the morning federal agents gathered at the laundry. Other federal agents remained nearby, out of sight, when federal agent Wong, who was of Chinese ancestry, rang the bell. When Toy appeared and opened the door, agent Wong told him that he was calling for laundry and dry-cleaning. Toy replied that he didn't open until 8:00 A.M., and told the agent to come back at that time. Toy started to close the door. Agent Wong then took his badge from his pocket and said, "I am a federal narcotics agent." Toy immediately slammed the door and started running down the hallway to his living quarters in the back. Agent Wong and the other federal officers broke open the door and followed Toy into the bedroom where he was arrested. Toy's verbal, incriminating statement was obtained several days afterwards on questioning by a narcotic agent.
In Lopez v. United States, 373 U.S. 427, 83 S.Ct. 1381, 10 L.Ed.2d 462 (1963), an agent of the Internal Revenue Service was investigating possible evasion of excise taxes in the area where Lopez conducted an inn. He described Lopez' inn in a report to his superiors as a "potential delinquent." On a return visit to the inn, the agent spoke to Lopez and advised him that he thought the inn would be liable for a cabaret tax and asked to see the books. After further discussion, Lopez gave to the agent a sum of money which, from the context, was a bribe. Lopez asked the agent to return at a later date. The agent reported his meeting with Lopez to his superiors and turned over the money which he had received. The agent was then instructed to keep the appointment with Lopez, to "pretend to play along with the scheme." The agent was then equipped with two electronic devices, a pocket battery-operated transmitter, (which subsequently failed to work), and a pocket wire recorder which recorded the conversation between Lopez and the agent at his meeting later in the day. The agent suggested that they talk inside Lopez' office and thereafter Lopez engaged in some incriminating conversation while inside his office. The Supreme Court upheld the conviction of Lopez and the introduction into evidence of the agent's testimony regarding his conversations with Lopez, as well as the admissibility of the tape recording of that conversation. Lopez contended that in view of the agent's alleged falsification of his mission, he gained access to Lopez' office by misrepresentation and all evidence obtained in the office was illegally seized. At page 438, 83 S.Ct. at page 1387 the court states:
"[The agent] was not guilty of an unlawful invasion of petitioner's office simply because his apparent willingness to accept a bribe was not real. Compare Wong Sun v. United States, 371 U.S. 471 [83 S.Ct. 407, 9 L.Ed.2d 441]. He was in the office with petitioner's consent, and while there he did not violate the privacy of the office by seizing something surreptitiously without petitioner's knowledge. Compare Gouled v. United States, supra. The only evidence obtained consisted of statements made by Lopez to Davis, statements which Lopez knew full well could be used against him by Davis if he wished. We decline to hold that whenever an offer of a bribe is made in private, and the offeree does not intend to accept, that offer is a constitutionally protected communication."
In Todisco v. United States, 298 F.2d 208 (9th Cir. 1961), Cert. den. 368 U.S. 989, 82 S.Ct. 602, 7 L.Ed.2d 527 (1962), appellant, an attorney at law, was representing a client in attempting to negotiate a compromise settlement of a tax liability as assessed by the tax court. In the course of negotiations, appellant made several statements to a revenue agent assuring him of rewards in the event of a favorable settlement. These overtures were reported by the agent to his superiors. Conversations referred to took place in the appellant's law office during which the agent was equipped with a Fargo device, being a miniature radio transmitter. The conversations in their entirety were transmitted and recorded at the point of reception. The upshot of these conversations was an agreement that upon the agent's acceptance of a settlement, appellant's fee was to be split between them. Appellant contended that the recording of his conversation violated the Fourth and Fifth Amendments of the United States Constitution. This court concluded that no constitutional right of appellant was violated by the manner in which the tapes were secured, or by their admission into evidence. The same result, under a similar state of facts, was reached by this court in Carbo v. United States, 9 Cir., 314 F.2d 718 (1963), Cert. den. 377 U.S. 953, 84 S.Ct. 1626, 12 L.Ed.2d 498 (1964).
Other Circuit Courts of Appeal have held that evidence obtained by law enforcement officers using the subterfuge of hiding their identity in order to pose as members of the general public is admissible. See, United States v. Bush, 283 F.2d 51 (6th Cir. 1960), cert. den. 364 U.S. 942, 81 S.Ct. 461, 5 L.Ed.2d 373 (1961); Whiting v. United States, 321 F.2d 72 (1st Cir. 1963), Cert. den. 375 U.S. 884, 84 S.Ct. 158, 11 L.Ed.2d 114 (1963).
In addition to Gouled v. United States, supra, and Wong Sun v. United States, supra, both of which we have reviewed above, appellant cites the following Federal Court decisions which he claims also support his contentions: United States v. Mitchneck, D.C., 2 F.Supp. 225 (1933); Fraternal Order of Eagles v. United States, 57 F.2d 93 (3rd Cir. 1932); Gatewood v. United States, 93 U.S.App.D.C. 226, 209 F.2d 789 (1953). We have reviewed the decisions in the cases last cited and find that the facts therein appearing clearly distinguish them from the facts in the instant case.
From our review of the decisions of the Supreme Court which we have cited, we conclude under the circumstances of this case that there was no violation of any Constitutional right upon which appellant relies. We further conclude that the conduct of the law enforcement officers was not "dirty business" or unfair in such a manner as to deprive the appellant of due process.
It appears to us that the conduct of the law enforcement officers in this case was within the permissible "[a]rtifice and strategem [which] may be employed to catch those engaged in criminal enterprises." Sorrells v. United States, 287 U.S. 435, 53 S.Ct. 210, 77 L.Ed. 413 (1932). See also Sherman v. United States, 356 U.S. 369, 78 S.Ct. 819, 2 L.Ed.2d 848 (1958).
Appellant's contention that the state trial court failed to pass on whether or not there was an unlawful search and seizure is without merit. On several occasions the trial court overruled appellant's objections to the admission of evidence relating to conversations and the recordings thereof. References to questions of the trial court in that connection on one such occasion concerning probable cause for arrest fall short of supporting appellant's contention that the trial court "went off on a tangent" or failed to apply proper constitutional standards in the admission of such evidence.
The remaining contentions of appellant on this appeal, in our view, are no more than attempts to procure a review in this court on questions of California law. No useful purpose would be served by setting forth such contentions in detail. Suffice it to say that appellant asserts the state court misapplied the law relating to the defense of entrapment;3 that the court erroneously admitted hearsay evidence; that it misinterpreted the California Insurance Code; that it did not correctly apply the law of scienter; and that the District Court of Appeals for the State of California relied on a non-existent "concession".
As stated in United States of America ex rel. Walter Hall v. People of the State of Illinois, 329 F.2d 354 (7th Cir. 1964) at page 359:
"The protections embedded in due process are flexible. As society matures, they change to meet its needs and social goals. When the several states have consistently discharged their responsibility to society in giving full recognition of their constitutional obligation to prevent the prostitution of state judicial power through lawless enforcement of the criminal law, the need for federal intervention is not apparent. To hold otherwise would compel federal intrusion, under the guise of constitutional concern, into the daily operation of the state judicial process. We find no justification for such drastic procedure in the resolution of the case at bar."
The judgment appealed from is affirmed.
Section 556 states as follows:
"It is unlawful to:
"(a) Present or cause to be presented any false or fraudulent claim for the payment of a loss under a contract of insurance.
"(b) Prepare, make, or subscribe any writing, with intent to present or use the same, or to allow it to be presented or used in support of any such claim.
"Every person who violates any provision of this section is punishable by imprisonment in the State prison not exceeding three years, or by fine not exceeding one thousand dollars, or by both."
The defendants were charged with violating both subdivisions (a) and (b) of this section in Counts II and III of the information.
See dissenting opinion of Mr. Justice Brennan in Lopez v. United States, infra, 373 U.S. at p. 448, 83 S.Ct. at p. 1392 to the effect that Minifon recordings are independent third-party evidence
The defense was not raised in the trial court

redpajama_set_name: RedPajamaCommonCrawl


If marketing was ever simple in the past, it certainly isn't now. It's been decentralized. It likes. It tweets. It clicks. It's gone from intangible to outright ethereal. As a small- to mid-sized business owner you know it's more than you want to take on in-house. It's way more than any one position and there's no budget for a department of people with the required skills. What to do?
Founders Shawn Busse and Wendy Maynard created the Kinesis Growth Program based on their shared philosophy that the current marketing paradigm doesn't work for businesses with revenues between $1 and $20 million. They created a model that actually succeeds at consistently growing their clients' companies. If you're reading this, you already know that an outside marketing partner makes a lot of sense strategically and fiscally. The Kinesis Growth Program increases your revenue through strategy, execution and accountability. We're able to visibly quantify your marketing investment to show you what's working, what isn't and why. Throwing money into the marketing abyss of unknown results is no way to run a business.
Nothing should be built without a plan. Your business is no exception. Enter the Kinesis Marketing Blueprint — the guiding document of your marketing plan that not only charts your course, but tracks your progress.
Like any good plan, the Marketing Blueprint shows where you are, where you want to be, and how to get there. It's a living plan that evolves and adapts based on data from sales, leads, and your CRM software.
While the Marketing Blueprint charts a course of success, the Metrics Dashboard provides a heads up display of real, tangible, ROI from your marketing efforts. When we said accountability, we meant it.
If this sounds like nothing you've ever heard of, we're not surprised. The systems for managing marketing haven't kept up with the radical change to the marketing landscape.
If you're not growing, your marketing isn't working.
Admittedly, an over-simplified statement. Many problems that can impede growth, but it's difficult to fix anything without the strong cash flow that comes from ringing phones and new business – a direct result of effective marketing. The Kinesis Growth Program is for businesseswho are ready to accelerate. As a result of our partnership, you'll realize increased customer retention, a quicker sales cycle, and a steady stream of qualified leads. Your marketing team should be current, adaptable, and accountable. Your marketing team should be Kinesis – passionate experts working with you to grow your business.
Give us a call at 503-922-2289 or fill out our contact form below.


Running a business is a dynamic endeavor. There are ups and downs, highs and lows, and long stretches of plateau in between. Fortunately, even when you find yourself in a rough stretch, there's always a way up and out.
Oftentimes, the best approach for identifying the root of what's holding you back is engaging an outside perspective. Business coaching services offer an unbiased view of your company, giving you the insight necessary to help you overcome your business's greatest challenges. As professional service providers, their success is your success, which means they have a high stake in helping you get it right.
Your direction changes from week-to-week. The single most important thing you need to run a small business is a unified vision. This is especially true if you're not the only captain of the ship.Even if you're running solo, it's important that your vision remains constant. If you find yourself waffling between business models or markets, or if you're always wondering whether your product is good enough, it may be time to consult a business coach.
You don't have a clear set of priorities. Without clear priorities, it's impossible to get where you want to be. A business assessment tool can help you identify weaknesses in your operations, so you can position them for additional attention. While an assessment tool has the power to diagnose gaps in your business model, it cannot find solutions. That's where a business coach comes in.
You don't have a strategic plan. Do you find yourself at your desk in the morning wondering what to do for the rest of the day? When choosing between multiple important activities, do you have a basis for picking the most crucial one? Do you feel like you're fighting fires all day long rather than working towards a greater plan?If you are steering the ship without a compass, it's time for you to focus on where your business is going. A coach can draw on years of experience developing long term strategies for businesses just like yours. While you may be fluent in your business's day to day operations, they're more equipped to help you see the bigger picture.
You aren't getting things done. No matter how proactive or industrious you are, there will be tasks you'll want to put off and moments of near burnout. Chances are, those are the times you most need to pull through for your business. Whether you find yourself procrastinating from day to day or need help sticking to big picture goals, a business coach will hold you accountable to getting things done.
You can't remember the last time you took a vacation, day off, or had a 40 hour work week. If this sounds like you, there's a good chance you aren't delegating properly. According to The Alternative Board's 2014 Work Life Balance Pulse Survey, 82% of entrepreneurs are working over 40 hours a week, but only 44% want to be. Why? Because business owners feel there are certain tasks only they can handle.A business coach can help you identify tasks that can be assigned to someone better suited to handle them in a timely manner. Even if that person doesn't exist at your company, a coach can help you find the perfect person for the job. After all, if you are doing tasks that someone in your position should not be doing, you are likely working below your pay grade. There are many ways to get out of this cycle – a business coach can help.
You can't tell the difference between a hashtag and a retweet. In the 21st century, the Internet is where small businesses go to thrive. With an active web presence, your business builds reputation, partnerships, and most importantly, sales. Between SEO, social media, and paid advertising, there are countless avenues for your business to make a name for itself. A business coach can help you determine where and how to most effectively spend your business's marketing budget, while providing you with the tools for maintaining an ongoing strategy.
You feel stuck. Business owners are an ambitious bunch. Even when their businesses are maintaining smooth operations and a healthy revenue stream, they are always seeking to expand. Disrupting your business in order to create growth can be costly and scary for you and your employees, but it is a necessary step if you want your business to reach the next level. Business coaching services are an excellent route for smoothing the transition. Your coach can assist you in devising and implementing a strategic plan for easing your company forward.
Your company has grown out from underneath you. While growth is the ultimate goal of any company, it can often come on too fast and all at once. Suddenly, your staff, processes, and perhaps even physical space have become too small for the demands of your customers. This is a dangerous situation that can quickly lead to overworked employees (and costly turnovers) and poor customer service. A business coach can help you rethink your strategy to accommodate your growing needs.
According to the IFC, 70% of small business that hire a coach see improved work performance, 67% experience better work-life balance, and 86% see a return on investment -- and virtually all entrepreneurs (99%) are satisfied with their decision to hire a business coach.
Business coaching services come in many shapes and sizes. Corporate consultants, personal mentors, and peer advisory groups are all viable options for taking a second look at your business. TAB's peer advisory model puts you in a room with non-competing business owners who've faced the same challenges your business faces everyday and allows you to learn from their experience. If you feel your business can benefit from the power of business coaching services, contact your local board for an introductory consulting session.


text:
Home » Tech » Data flow management platform Nexla nabs $12M
Data flow management platform Nexla nabs $12M
The Transform Technology Summits get started October 13th with Low-Code/No Code: Enabling Enterprise Agility. Register now!
Nexla, a San Mateo, California-based collaborative information operations platform, today announced that it raised $12 million in series A funding led by Industry Ventures, with participation from Liberty Global Ventures, Blumberg Capital, Engineering Capital, Storm Ventures, Correlation Ventures, and angel investors. CEO Saket Saurabh says that the proceeds, which bring Nexla's total raised to more than $15.6 million, will be place toward item development and hiring efforts.
Enterprises face challenges on a variety of information functionality management difficulties, from filtering poor-high quality information to maintaining information flows operating efficiently. For instance, 87% of providers responding to a StreamSets survey say that terrible information is flowing into their information shops, though just 12% think about themselves very good at the core elements of information management.
Founded in 2016, Nexla aims to streamline the method of obtaining information to more apps and customers without having requiring a number of development tools. The company's platform integrates, transforms, delivers, and monitors information in a collaborative no-code and low-code way, leveraging a mixture of "data fabric architecture" and metadata, according to Saurabh.
Image Credit: Nexla
"The roots of Nexla started in 2009 when my team and I built Mobsmith, one of the first mobile ad servers," Saurabh told VentureBeat through e-mail. "We grew the idea to an over $200 million business, along the way getting acquired by Rubicon and going public in 2014. By then, the advertising industry was bursting with data, and we'd built a system to process more than 300 billion data records daily and applied it with machine learning to ad auctions. Knowing that the need for modern data processing was coming to many industries inspired us to start Nexla."
An MIT Technology Review and Databricks report discovered that just 13% of organizations are delivering on their information tactic, owing to difficulties about managing the finish-to-finish lifecycle. According to a current survey by 2nd Watch, only 26% of enterprises have any information tactic at all, though 70% do not have what they think about to be a mature information tactic.
Nexla aims to aid by sitting amongst a customer's information infrastructure and consumption layer, supplying a stack that serves each analytical and operational apps with prepared-to-use information. Users get net UIs, APIs, computer software development kits, and command line interfaces that allow them to develop their personal automated information flows.
"With Nexla, companies can migrate data from legacy, on-prem, and cloud systems to cloud data warehouses while feeding analytics dashboards with fresh data from hundreds of data sources in the enterprise," Saurabh mentioned. "The platform can also enrich customer support calls from customer relationship management data in real-time and rapidly onboard customers and partners by integrating with their apps and data stores. Moreover, Nexla can transform the format, schema, and shape of data; add validations and quality control checks to data flows; and automate data operations."
Data teams at providers such as Instacart, Poshmark, Freshworks, LiveRamp, Bed Bath &amp Beyond, and LinkedIn are working with Nexla for information flow, information observability, and information transformation applications, according to Saurabh. Annual recurring income was $3.5 million this year, he says, and the business is money-flow positive, with more than 25 buyers.
"Nexla is the only data platform in the market that learns from metadata to automate and unify data integration, transformation, delivery, and monitoring," Saurabh continued. "The benefit of the platform … is that the data scientists, analysts, and frontline workers get ready-to-use data from anywhere without burdening data engineering teams."
Thirty-employee Nexla competes with startups like Ascend and Prefect, which presents a platform that can make, run, and monitor up to millions of information workflows and pipelines. Google Cloud, Microsoft Azure, and Amazon Web Services also provide information pipeline management and creation tools.
App Annie: Consumers in 5 nations invest more than 5 hours a day in apps
Stage11 raises $5.7M to reimagine music for the metaverse


text:
› Business › Chinese Spies among Google's Executives!!
Chinese Spies among Google's Executives!!
Google Sold Its Soul to China. Here's Why. [Part2]
February 17, 2021 | Google Sold Its Soul to China. Here's Why. [Part2]
Google is dazzled by China's market. What would happen if China were taking advantage of this and sending in Chinese spies to steal AI technology for weaponization?
Fei-Fei Li is an AI researcher. She was born in China but immigrated to the U.S. when she was 16. She worked hard despite poor situations and majored in physics at the prestigious Princeton University. However, as she began to show her talent, she suddenly returned to China. It is a mystery as to what happened there.
A year later, Dr. Li returned to the U.S. and began studying the technical fields of AI. She showed talent and became famous in the industry for building the world's largest image recognition database.
With this fame, Dr. Li joined Google in 2016. In fact, she joined Google Cloud as its Vice President and Chief Scientist of AI/ML.
Google Begins AI Research in Beijing
"I want to start basic AI research in China."
Right after entering the company, it is reported that Dr. Li made the following suggestion to CEO Mr. Pichai.
In 2017, Dr. Li created an AI research center in Beijing and became its chief. Subsequently, she also arranged a partnership between Google and Tsinghua University. Google and China had suddenly become an AI research partner.
This must have been an extremely "appealing" situation for the Google executives, who wanted forgiveness from the Beijing government so they could move towards reentry. In fact, Dr. Li's recruitment may in part be because of just such an intention.
However, this situation was also as "appealing" for China. It is terrifying when viewing the actions of the Xi Jinping administration and Dr. Li's works happening at the same time.
In that same year, the Chinese government surprised the world by announcing that "they will lead the world in AI by 2030" in their "Next Generation Artificial Intelligence Development Plan." In addition, Tsinghua University was honorably chosen as the center of AI weapons research. In this "memorial year," the world's leading AI company built a research center in Beijing and announced their research partnership with Tsinghua University. Google had brought luck right to China.
Are Dr. Li's movements by mere coincidence?
Maybe not. When she took office as the director of the research center, she made a speech to not forget their original intentions and hold tightly to their mission. This was the party slogan revealed by the Xi Jinping administration the same year. Furthermore, Dr. Li also stated that "China has already awakened." It is possible that she was motivated by strong patriotism.
Dr. Li was said to have ties with the Communist Party's United Front from the beginning.
She was patronized by nation-owned media as "one who officially returned to the nation, bringing Google AI along with her." She was also listed in Chinese government's "top 10 women" with others like Chief Executive of Hong Kong, Carrie Lam.
Google added such personnel into its executive line. It is highly likely that its AI technologies are completely overtaken. U.S. official's concerns mentioned above preside in this as well.
When asked about the credibility of Lee's work and technology provision to the military, security expert Gen. Robert Spalding, who served as a senior executive in U.S. Department of Defense, Department of State, and National Security Council (NSC), told our magazine:
"Without a doubt. Because they have civil-military fusion. All civilian commercial companies in China must support the military in China by law."
The Possibility of Japan's SDF Being Shot down by Google's AI
Let us talk about one such possibility. Google's principal investigator, and a Chinese researcher, jointly published a paper on AI technology from the Chinese Academy of Sciences.
This technology directly related to improving the accuracy of a touch panel for aiming missiles in Chinese stealth aircrafts.
It is quite possible that the Japanese Self-Defense Force will be attacked by Google's AI and Japanese lives lost as a result.
The Chinese military also intends on using AI to pilot unmanned aerial vehicles and boat units in a cyberattack or a surveillance attack. It is not difficult to imagine Google's technologies contributing to this cause.
Google's AI Technology Used by China to Control World Public Opinion / Google Sold Its Soul to China. Here's Why. [Part3]
Dear Google, Don't Become 21st Century's Hitler / Google Sold Its Soul to China. Here's Why. [Part4]
Category: Business, Economy, philosophy, Politics, World
« Google Sold Its Soul to China. Here's Why. [Part1]
Google's AI Technology Used by China to Control World Public Opinion »


Sunil is a graduate of South Australia's Flinders University.
He underwent residency training in medicine and surgery at The Royal Adelaide Hospital and completed a Masters degree in Medicine before moving to Queensland to undertake specialist training in ophthalmology.
In 2013 he was awarded a Prevent Blindness Foundation scholarship to study diseases of the Retina, Glaucoma and Ocular Oncology.
Ocular Oncology Service (NHS Centre for Excellence) in the UK.
He has a diverse city and suburban practice focused mainly on cataract surgery and glaucoma, as well as offering subspecialty services in medical retina and ocular oncology. He also provides outreach services to Longreach in Western Queensland.
Sunil is a committed teacher of medical students and trainee specialists, both in his private practice and via his public appointment at Brisbane's Mater Hospital. He is the Director of Training for Ophthalmology in Queensland.
His involvement in the ASO began in 2015 and Sunil says he sees his role on the ASO Board as a means to connect younger fellows with their colleagues and community.
He believes it is essential for specialists to have a strong voice on how services are best provided in both city and rural settings.


text:
Lythria griseolineata är en fjärilsart som beskrevs av Czekehus 1924. Lythria griseolineata ingår i släktet Lythria och familjen mätare. Inga underarter finns listade i Catalogue of Life.

Källor

Mätare
griseolineata

redpajama_set_name: RedPajamaWikipedia


With brand distinction ever critical in the hospitality arena, airlines now are embracing the latest marketing trend: custom fragrance. No longer the purview of fashion labels and celebrity names, the Wall Street Journal noted this week that Delta Air Lines, United Continental Holdings, Air Canada and Turkish Airlines all freshen up their cabins with unique aromas.
The trend isn't new. Singapore Airlines has piped the light, sweet "Stefan Floridian Waters" into its cabins since the 1970s, and British Airways tested, and later abandoned, its own essence in business class cabins in the early aughts. T+L told readers in 2009 that creating an olfactory logo was en vogue among hotel chains including LeMéridien, Mandarin Oriental, Shangri-La, Marriott and Ritz-Carlton.
Driven by science that smell has the power to incite loyalty, and drive emotional connection and memories, the "scent marketing industry is forecasted to be a $1 billion industry within the decade," Rachel Herz of Brown University, an expert in scent and psychology, told T+L. Yet there are skeptics. As airlines reduce seat space, charge for checked bags and move to fare-based rewards programs, some wonder how much of an impact these atmospheric perfumes will have. But we're behind any investment toward a more fragrant in-flight experience.


Campbell's Chicken Noodle soup, McDonald's, the Hula Hoop, UPC codes, Diet Coke and Apple Computer; these companies and products are so ingrained in our minds that we fail to think of them as brand new ideas that could either make it or break it. At one time people and companies bet their livelihoods on bringing all of them to market and all were introduced in bad economies.
Campbell's Chicken Noodle soup was introduced in 1934 right in the midst of the Great Depression. Ray Kroc opened the first McDonald's during the 1955 Eisenhower recession. During the same recession the Hula Hoop debuted in 1958. UPC codes were introduced during the Vietnam War and an oil crisis. Diet Coke came to market during the most severe recession since the Great Depression in 1982. Apple introduced the first iPod in 2001 while many other technology companies were crumbling.
There is a lesson to be learned here. You can either bury your head in the sand when times are tough or you can take your great idea, use it to change people's lives and make a fortune doing it. The choice is yours.
Here are a few tips if you truly do want to bring your great idea to market.
Take a chance. The bigger the chance the greater the rewards.
Once you make a decision be confident about it and don't look back. Hindsight is 20/20. You are where you are now because of the decisions you've made. Right or wrong, deal with it and move on.
There are no mistakes. The lessons you learn by doing are invaluable and usually less costly than going to college.
Ask yourself "What's the worst that can happen?" It's usually not that bad so why worry?
Step out of your comfort zone. Nothing great is ever accomplished with taking a risk.
Do. What's holding you back? The missing ingredient between a great idea and the money it could bring you and your family is action.


text:
Bunium creticum är en flockblommig växtart som beskrevs av D'urv. Bunium creticum ingår i släktet jordkastanjer, och familjen flockblommiga växter. Inga underarter finns listade i Catalogue of Life.

Källor

Jordkastanjer
creticum


text:
// Copyright 2017 The Bazel Authors. All rights reserved.
//
// Licensed under the Apache License, Version 2.0 (the "License");
// you may not use this file except in compliance with the License.
// You may obtain a copy of the License at
//
//    http://www.apache.org/licenses/LICENSE-2.0
//
// Unless required by applicable law or agreed to in writing, software
// distributed under the License is distributed on an "AS IS" BASIS,
// WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
// See the License for the specific language governing permissions and
// limitations under the License.

package com.google.devtools.build.lib.packages;

import static com.google.common.truth.Truth.assertThat;
import static org.junit.Assert.assertThrows;

import com.google.common.collect.ImmutableList;
import com.google.common.collect.ImmutableMap;
import com.google.common.testing.EqualsTester;
import com.google.devtools.build.lib.cmdline.Label;
import com.google.devtools.build.lib.syntax.Mutability;
import com.google.devtools.build.lib.syntax.Starlark;
import com.google.devtools.build.lib.syntax.StarlarkSemantics;
import com.google.devtools.build.lib.syntax.StarlarkThread;
import org.junit.Test;
import org.junit.runner.RunWith;
import org.junit.runners.JUnit4;

/** Tests for {@link StarlarkProvider}. */
@RunWith(JUnit4.class)
public final class StarlarkProviderTest {

  @Test
  public void unexportedProvider_Accessors() {
    StarlarkProvider provider = StarlarkProvider.createUnexportedSchemaless(/*location=*/ null);
    assertThat(provider.isExported()).isFalse();
    assertThat(provider.getName()).isEqualTo("<no name>");
    assertThat(provider.getPrintableName()).isEqualTo("<no name>");
    assertThat(provider.getErrorMessageFormatForUnknownField())
        .isEqualTo("Object has no '%s' attribute.");
    assertThat(provider.isImmutable()).isFalse();
    assertThat(Starlark.repr(provider)).isEqualTo("<provider>");
    assertThrows(
        IllegalStateException.class,
        () -> provider.getKey());
  }

  @Test
  public void exportedProvider_Accessors() throws Exception {
    StarlarkProvider.Key key =
        new StarlarkProvider.Key(Label.parseAbsolute("//foo:bar.bzl", ImmutableMap.of()), "prov");
    StarlarkProvider provider = StarlarkProvider.createExportedSchemaless(key, /*location=*/ null);
    assertThat(provider.isExported()).isTrue();
    assertThat(provider.getName()).isEqualTo("prov");
    assertThat(provider.getPrintableName()).isEqualTo("prov");
    assertThat(provider.getErrorMessageFormatForUnknownField())
        .isEqualTo("'prov' value has no field or method '%s'");
    assertThat(provider.isImmutable()).isTrue();
    assertThat(Starlark.repr(provider)).isEqualTo("<provider>");
    assertThat(provider.getKey()).isEqualTo(key);
  }

  @Test
  public void schemalessProvider_Instantiation() throws Exception {
    StarlarkProvider provider = StarlarkProvider.createUnexportedSchemaless(/*location=*/ null);
    StarlarkInfo info = instantiateWithA1B2C3(provider);
    assertHasExactlyValuesA1B2C3(info);
  }

  @Test
  public void schemafulProvider_Instantiation() throws Exception {
    StarlarkProvider provider = StarlarkProvider.createUnexportedSchemaful(
        ImmutableList.of("a", "b", "c"), /*location=*/ null);
    StarlarkInfo info = instantiateWithA1B2C3(provider);
    assertHasExactlyValuesA1B2C3(info);
  }

  @Test
  public void schemalessProvider_GetFields() throws Exception {
    StarlarkProvider provider = StarlarkProvider.createUnexportedSchemaless(/*location=*/ null);
    assertThat(provider.getFields()).isNull();
  }

  @Test
  public void schemafulProvider_GetFields() throws Exception {
    StarlarkProvider provider = StarlarkProvider.createUnexportedSchemaful(
        ImmutableList.of("a", "b", "c"), /*location=*/ null);
    assertThat(provider.getFields()).containsExactly("a", "b", "c").inOrder();
  }

  @Test
  public void providerEquals() throws Exception {
    // All permutations of differing label and differing name.
    StarlarkProvider.Key keyFooA =
        new StarlarkProvider.Key(Label.parseAbsolute("//foo.bzl", ImmutableMap.of()), "provA");
    StarlarkProvider.Key keyFooB =
        new StarlarkProvider.Key(Label.parseAbsolute("//foo.bzl", ImmutableMap.of()), "provB");
    StarlarkProvider.Key keyBarA =
        new StarlarkProvider.Key(Label.parseAbsolute("//bar.bzl", ImmutableMap.of()), "provA");
    StarlarkProvider.Key keyBarB =
        new StarlarkProvider.Key(Label.parseAbsolute("//bar.bzl", ImmutableMap.of()), "provB");

    // 1 for each key, plus a duplicate for one of the keys, plus 2 that have no key.
    StarlarkProvider provFooA1 =
        StarlarkProvider.createExportedSchemaless(keyFooA, /*location=*/ null);
    StarlarkProvider provFooA2 =
        StarlarkProvider.createExportedSchemaless(keyFooA, /*location=*/ null);
    StarlarkProvider provFooB =
        StarlarkProvider.createExportedSchemaless(keyFooB, /*location=*/ null);
    StarlarkProvider provBarA =
        StarlarkProvider.createExportedSchemaless(keyBarA, /*location=*/ null);
    StarlarkProvider provBarB =
        StarlarkProvider.createExportedSchemaless(keyBarB, /*location=*/ null);
    StarlarkProvider provUnexported1 =
        StarlarkProvider.createUnexportedSchemaless(/*location=*/ null);
    StarlarkProvider provUnexported2 =
        StarlarkProvider.createUnexportedSchemaless(/*location=*/ null);

    // For exported providers, different keys -> unequal, same key -> equal. For unexported
    // providers it comes down to object identity.
    new EqualsTester()
        .addEqualityGroup(provFooA1, provFooA2)
        .addEqualityGroup(provFooB)
        .addEqualityGroup(provBarA, provBarA)  // reflexive equality (exported)
        .addEqualityGroup(provBarB)
        .addEqualityGroup(provUnexported1, provUnexported1)  // reflexive equality (unexported)
        .addEqualityGroup(provUnexported2)
        .testEquals();
  }

  /** Instantiates a {@link StarlarkInfo} with fields a=1, b=2, c=3 (and nothing else). */
  private static StarlarkInfo instantiateWithA1B2C3(StarlarkProvider provider) throws Exception {
    try (Mutability mu = Mutability.create()) {
      StarlarkThread thread = new StarlarkThread(mu, StarlarkSemantics.DEFAULT);
      Object result =
          Starlark.call(
              thread,
              provider,
              /*args=*/ ImmutableList.of(),
              /*kwargs=*/ ImmutableMap.of("a", 1, "b", 2, "c", 3));
      assertThat(result).isInstanceOf(StarlarkInfo.class);
      return (StarlarkInfo) result;
    }
  }

  /** Asserts that a {@link StarlarkInfo} has fields a=1, b=2, c=3 (and nothing else). */
  private static void assertHasExactlyValuesA1B2C3(StarlarkInfo info) throws Exception {
    assertThat(info.getFieldNames()).containsExactly("a", "b", "c");
    assertThat(info.getValue("a")).isEqualTo(1);
    assertThat(info.getValue("b")).isEqualTo(2);
    assertThat(info.getValue("c")).isEqualTo(3);
  }
}

redpajama_set_name: RedPajamaGithub


text:
[Week 3 Home](../)

# U1.W3: Manipulating JavaScript Objects Solo Challenge

**This is a solo challenge. Refer to the [solo challenge](https://github.com/Devbootcamp/phase_0_handbook/blob/master/solo_challenges.md) guidelines in the [Phase 0 Handbook](https://github.com/Devbootcamp/phase_0_handbook/).**

## Learning Competencies
- Define local variables in JavaScript
- Create, add properties to, delete properties from, and access values from JavaScript Object literals
- Use pre-written tests to drive development

In this challenge you will work with the following JavaScript object that has been assigned to the variable terah.

```javascript
var terah = {
  name: "Terah",
  age: 32,
  height: 66,
  weight: 130,
  hairColor: "brown",
  eyeColor: "brown"
}
```

## Release 0: Run the tests
You will find test code in the [my_solution.js](./my_solution.js) file associated with this challenge. Run the code either
from the command line using Node.js or by pasting the code of this
entire file into your browser console.  All tests will log `true`
in the console when they pass--`false`, otherwise.

## Release 1: [Initial Solution](https://github.com/Devbootcamp/phase_0_handbook/blob/master/coding_references/initial_solution.md)
Turn your pseudocode into code by translating each step into code until the test passes.

You'll want to follow the outline below:
1. Define a variable adam and use object literal notation to assign this variable
   the value of a JavaScript Object object with no properties.

2. Give adam a name property with the value "Adam".

3. Add a spouse property to terah and assign it the value of adam.

4. Change the value of the terah weight property to 125.

5. Remove the eyeColor property from terah.

6. Add a spouse property to adam and assign it the value of terah.

7. Add a children property to terah and and use object literal notation to assign
   this variable the value of a JavaScript Object object with no properties

8. Add a carson property to the value of the terah children property and assign it
  the value of an object with the property name with a value of "Carson".

9. Add a carter property to the value of the terah children property and assign it
   the value of an object with the property name with a value of "Carter".

10. Add a colton property to the value of the terah children property and assign it
    the value of an object with the property name with a value of "Colton".

11. Add a children property to adam and assign it the value of terah children.

Follow the steps below to make the tests pass and complete the challenge.
The order of the steps corresponds to the order of the tests.  After completing
each step, run your code to be certain that the next test has passed.

When all of the tests have passed, your final `terah` object will be logged to the console.

## Release 2: [Reflect](https://github.com/Devbootcamp/phase_0_handbook/blob/master/coding_references/reflection_guidelines.md)
In the reflection section of your 'my_solution.js` file, reflect on your learning using the [reflection guidelines](https://github.com/Devbootcamp/phase_0_handbook/blob/master/coding_references/reflection_guidelines.md). ***NOTE: Reflections are mandatory!***

## Release 3: Commit and push your changes!
Make sure to put everything (pseudocode, initial solution, and reflection) in your [my_solution.js](./my_solution.js) file and push your changes with your repo on github!

## Release 4: [Review other's solutions](https://github.com/Devbootcamp/phase_0_handbook/blob/master/coding_references/review.md)
Were there differences in the way you implemented the code based on the tests? Leave an issue telling the student what they did well and can do better next time. Be kind, specific and actionable. (You are expected to leave at least two comments for this challenge).


text:
ALLETE Increases Quarterly Common Stock Dividend by 3.3 Percent to 47.5 Cents Per Share
Jan 23rd 2013 9:05AM
DULUTH, Minn.--(BUSINESS WIRE)-- ALLETE, Inc. (NYS: ALE) announced that its Board of Directors has increased the quarterly dividend on the company's common stock to 47.5 cents per share.
"This increase reflects our confidence in ALLETE's near-term financial performance and long-term earnings outlook, and our ongoing commitment to building value for shareholders," said ALLETE Chairman, President and CEO Al Hodnik. "ALLETE's Board of Directors recognizes the importance of dividends as part of total shareholder return. We expect to continue paying an attractive dividend as we execute our long-term growth strategy."
The 3.3 percent increase results in the equivalent of a $1.90 per share annualized dividend. ALLETE's regular quarterly dividend is payable March 1 to common shareholders of record at the close of business February 15, 2013.
ALLETE, Inc. is an energy company headquartered in Duluth, Minn. ALLETE's energy businesses include Minnesota Power, Superior Water, Light & Power Co., BNI Coal, and ALLETE Clean Energy. More information about the company is available at www.allete.com.
The statements contained in this release and statements that ALLETE may make orally in connection with this release that are not historical facts, are forward-looking statements. Actual results may differ materially from those projected in the forward-looking statements. These forward-looking statements involve risks and uncertainties and investors are directed to the risks discussed in documents filed by ALLETE with the Securities and Exchange Commission.
ALLETE, Inc.
Tim Thorp, 218-723-3953
tthorp@allete.com
KEYWORDS: United States North America Minnesota
The article ALLETE Increases Quarterly Common Stock Dividend by 3.3 Percent to 47.5 Cents Per Share originally appeared on Fool.com.


text:
The following organisations are members of the Healthy Ageing Partnership and support the philosophy of encouraging healthy ageing.
Aged and Disability Advocacy Australia (ADAA)
QLD Statewide service
Phone : 1 800 700 600 or (07) 3637 6000
www.adaaustralia.com.au
ADAA is a State-wide service that provides an advocacy service to support people to resolve issues related to their aged or community care service provision or care.
ADAA also provides a guardianship advocacy service which supports adults with guardianship and administration matters including support at tribunal hearings.
Aged Care Guidance
Offices in Sunshine Coast and Brisbane
www.agedcareguidance.com.au
We are independent Aged Care Placement Consultants that help you find and secure an aged care place across South-East Queensland that meets both your personal needs and your budget. Let us simplify the process and take the stress out of moving to aged care for you.
Carers Queensland Ltd – Sunshine Coast Region
Level 1, 43 Plaza Parade, Maroochydore
www.carersqld.com.au
Carers Queensland is the peak body for unpaid carers in Queensland, representing the diverse needs and interest of caring families and friends. The organisation offers a range of programs and services for carers of those with disability, a mental illness, chronic condition, terminal illness or who are frail aged.
Churches of Christ Care Australia
www.cofc.com.au
One of Australia's largest and most diverse not-for-profit organisations, operating services throughout Queensland and Victoria. Active in the areas of children, youth and family services; retirement living; home and community care; and residential aged care services, we provide Christ-inspired care and compassion to vulnerable people at different stages of life.
Glass House Country Care
352 Peachester Rd, Peachester
www.ghcare.org.au
Your Future Your Care Your Choice
Glasshouse Country Care is an Approved Provider of home and community care.
We are a not–for–profit organisation, offering quality care and lifestyle support for older and disabled consumers. We Provide Support and Encourage Independence
24 Hours a day 7 days a week
Home Instead Senior Care
4/66 Duporth Avenue, Maroochydore
www.homeinstead.com.au
Home Instead Senior Care are committed to making a positive difference in the lives of seniors and their families. We take pride in delivering the best quality 24/7 care services and support they need to continue living, safely, independently and happily in their own home.
IAgeWell
Twin Waters
Phone : 0407 748 773
www.iagewell.com.au
Assist people to navigate the Aged Care System and provide private case management services.
Queensland Meals on Wheels
Services delivering to most areas of the Sunshine Coast, please visit our website for your closest service.
Phone : 1300 90 97 90
www.qmow.org
Meals on Wheels provides nutritious meals (catering for dietary requirements) to support a broad section of the community, including the elderly, people with a disability and others following illness and hospital stays.
To arrange meals, delivered with a smile call us today.
Central Queensland, Wide Bay, Sunshine Coast PHN
Ground Floor, 29 The Esplanade 'Mayfield House', Cotton Tree
www.ourphn.org.au
Central Queensland, Wide Bay, Sunshine Coast PHN is an independent not-for-profit commissioning organisation funded by the Commonwealth Department of Health to improve the health outcomes of the region.
Soil to Supper
Assisting Organisations throughout Queensland
www.soiltosupper.com
At Soil to Supper we believe that people of all ages and abilities need a connection with nature and to experience a feeling of joy and improved health benefits from gardening and growing fresh food.
We support organisations to establish therapeutic and kitchen gardens within their homes and centres.
Spiritual Palliative Care
PO Box 1815, Noosaville BC
www.SpiritualPalliativeCare.com
Spiritually and emotionally supporting the dying, their loved ones and care professionals.
For the dying, it's about creating a good death as defined by you. For loved ones, it's about avoid regret from your grieving experience.
Specialised palliative trainer for care professionals in the aged, health and community care sectors.
Sundale Ltd
35 Doolan St Nambour Q 4560. See our website for other locations.
Phone :1800 786 3253
www.Sundale.org.au
Sundale is a Not for Profit Organisation born and bred on the Sunshine Coast and have been serving members of the community for over 50 years.
Residential Care Centres
Suncare Community Services
Maroochydore Homemaker Ctr, Lvl 1, 11-55 Maroochydore Blvd, Maroochydore
www.Suncare.org.au
Suncare prides itself on working compassionately and genuinely listening to the needs of individuals, carers and family members. Our aim is to identify their own strengths, goals and aspirations, and to address their needs in timely and creative ways.
Sunshine Coast Council
Offices at Caloundra, Nambour and Maroochydore. See our website for location details
www.SunshineCoastCouncil.org.au
Delivery and support of a range of services and infrastructure for the Sunshine Coast community.
Campuses in Sippy Downs, Fraser Coast, Gympie, Noosa, Caboolture, North Lakes and South Bank. See USC's website for details
www.usc.edu.au
USC is one of Australia's fastest growing universities, serving the Sunshine Coast and extended region from north Brisbane to the Fraser Coast. The University opened in 1996 with 500 students. It was the first greenfield public university to be established nationally since the early 1970s.
Sunshine Coast Hospital and Health
Hospitals in Birtinya, Nambour, Gympie, Caloundra and Maleny. See health website for details
www.health.qld.gov.au/sunshinecoast
The Sunshine Coast Hospital and Health Service is committed to the philosophy of 'working with' rather than 'doing to' people.
Vision Australia
19 George Street, Maroochydore
www.visionaustralia.org
Vision Australia is a leading national provider of blindness and low vision services in Australia. We work in partnership with Australians who are blind or have low vision to help them achieve the possibilities they choose in life.
Volunteering Sunshine Coast
17/1 Newspaper Place, Maroochydore
www.volunteeringsunshinecoast.org.au
We are a not-for-profit organisation dedicated to linking prospective volunteers with other local non-profit organisations. We also provide training and resources and raise awareness of volunteering with the government, community and corporate sectors.
We also partner with various networks on the Sunshine Coast to create sustainable communities.


On December 24, 2002, I released the full open source application by creating a simple web site with a ZIP file for download. The lack of foresight of what this would become was extremely evident when you consider the casual nature of this original release. However, as luck would have it, I did do three things right. First, I thought I should leverage the "IBuySpy" brand in my own open source implementation so that it would be immediately obvious that the code base was a hybrid of the original IBuySpy Portal application, an application with widespread recognition in the Microsoft community. The name I chose was IBuySpy Workshop because it seemed to summarize the evolution of the original application — not to mention the fact that the IBSW abbreviation preferred by the community contained an abstract personal reference (SW are my initials). Ironically I did not even have the domain name resolution properly configured for www.ibuyspyworkshop.com when I released (the initial download links were based on an IP address, http://65.174.86.217/ibuyspyworkshop). The second thing I did right was to require people to register on my web site before they were able to download the source code. This allowed me to track the actual interest in the application at a more granular level than simply by the total number of downloads. Third, I publicized the availability of the application in the IBuySpy Portal Forum on www.asp.net (see Figure 1-3). This particular forum was extremely popular at this time; and as far as I know, nobody had ever released anything other than small code snippet enhancements for general consumption. The original post was made on Christmas Eve, December 24, 2002, which had excellent symbolism in terms of the application being a gift to the community.


Asymptomatic HIV infection is a phase of HIV/AIDS during which there are no symptoms of HIV infection.
During this phase, the immune system in someone with HIV slowly weakens, but the person has no symptoms. How long this phase lasts depends on how quickly the HIV virus copies itself, and how the person's genes affect the way the body handles the virus.
Some people can go 10 years or longer without symptoms. Others may have symptoms and worsening immune function within a few years after the original infection.


For more than six years, rather than taking lead on a project of national significance, the president skirted his duties, strategically moving project deadlines around national elections to benefit his own party. We all know how well that worked out.
Building Keystone XL was never about Obama "winning" or "losing," but rather about doing what is right for the American people. The Keystone pipeline is about ensuring a continuous and reliable energy source from our allies to the north, while creating thousands of American jobs and economic activity in the process.
In Pennsylvania, with the recent development of the Marcellus Shale, we have seen firsthand the great benefits that producing energy can have upon the regional economy, local job markets, business growth and consumer prices. Not to mention the significant tax revenue being generated each day.
All of this has taken place, while significantly reducing emissions throughout the commonwealth, along with lowering our dependence upon foreign energy. This is a win-win for Pennsylvania and approval of the Keystone XL pipeline would certainly mirror the positive effects of our energy rebirth.
When it comes to a national energy policy, Obama should look no further than the Keystone State as an example of the positive benefits of homegrown energy development.


text:
Q: JAR: Could not find or load main class Did write Java Class for Connection to Hive and did make gradle task to build JAR with All dependencies
task Hive(type: Jar) {
    manifest {
        attributes 'Implementation-Title': 'Gradle Jar File Example',
                'Implementation-Version': version,
                'Main-Class': 'ru.prometheus.nodeexporters.Hive'
    }
    baseName = project.name + '-Node_Exporter'
//    from('src/main/java') {
//        include 'resources/*'
//    }
    from {
        configurations.runtime.collect {
            it.isDirectory() ? it : zipTree(it)
        }
    }
    with jar
}

did execute task
12:55:46: Executing task 'Hive'...

> Task :Hive:compileJava
Note: C:\Servers\Repository\PrometheusNodeExporters\Hive\src\main\java\ru\prometheus\nodeexporters\Hive.java uses or overrides a deprecated API.
Note: Recompile with -Xlint:deprecation for details.
Note: C:\Servers\Repository\PrometheusNodeExporters\Hive\src\main\java\ru\prometheus\nodeexporters\Hive.java uses unchecked or unsafe operations.
Note: Recompile with -Xlint:unchecked for details.

> Task :Hive:processResources
> Task :Hive:classes
> Task :Hive:Hive

Deprecated Gradle features were used in this build, making it incompatible with Gradle 5.0.
Use '--warning-mode all' to show the individual deprecation warnings.
See https://docs.gradle.org/4.10.2/userguide/command_line_interface.html#sec:command_line_warnings

BUILD SUCCESSFUL in 26s
3 actionable tasks: 3 executed
12:56:13: Task execution finished 'Hive'.

after did check JAR

Main class did exist, BUT if did try to execute returned error
c:\Servers\Repository\PrometheusNodeExporters\Hive\build\libs>java -jar Hive-Nod
e_Exporter-1.0-SNAPSHOT.jar
Error: Could not find or load main class ru.prometheus.nodeexporters.Hive

How solve this "simple" problem?
Project on GitHub

redpajama_set_name: RedPajamaStackExchange


For submission, press and other enquiries, please fill out the form below or email synaesthesiamagazine@gmail.com. You can also tweet us @SynaesthesiaMag (it's a little quicker).
To subscribe to our monthly (mostly bi-monthly) newsletter and find out when we are open for submissions, fill in your details below.


Everyone with even a passing familiarity with classic car auctions knows the name Barrett Jackson. Most of us have seen the frequent broadcasts of this spectacle. The parade of classic and rare cars is awesome and all the more impressive to witness in person. But far from the glitz, glamour and million dollar bids is another type of car auction – one that us mere mortals are more likely to not only attend but participate in.
This car auction guide won't help you score a Ferrari for pennies on the dollar. But it may help you save thousands on some of the most common of everyday vehicles: old Ford F150s, Volkswagen Jettas, Toyota Corollas and Honda Civics with many miles and many stories. They may not make it in prime time but they offer you the opportunity to get used cars and used trucks on the cheap — if you're smart about it.
Interest in these auctions has boomed as the market remains credit and stagnated rules have stiffened. Buyers who previously could qualify for auto loans on used cars that are new or sound discover they want to shop with cash. But the Usa is a nation built around the automobile, and it is not a lot more difficult to get a job if you've got a car so for many individuals car auctions are a means to fill the need.
This does not mean it is not possible to locate a great car at auction; it simply means it is becoming more difficult. But if you decide to head down to gawk and perhaps offer to an auction, keep these 10 tips in mind.
If you don't have the mechanical skills or tools to deal with mechanical issues, don't convince yourself otherwise. Thinking you can handle something you can't will turn short-term savings into a much longer and painful cost. Avoid it by being honest about your capabilities when it comes to working a car with trouble.
Autos at public and authorities auctions sell on visual inspection. Look at everything and try to find telltale signs of repairs including paint aerosol, less than puddles under the vehicle, smooth sheet metal, scored an irregular position, brake disks and a million other details. Use your nose, hands and legs, also. If a car smells musty or the carpeting is not dry, run away.
Touch-up paint and car wax isn't expensive. And it's an easy way for a car to really sparkle under the lights and hide imperfections. We're ok with a little makeup to highlight and showcase. But when you're doing your due diligence with a car at public auction, you need to consider that vehicle as if it's been photoshopped in real time. Especially at public auctions, suppose every vehicle there's been rubbed on to the stage that there is a reality distortion field encircling it. Nothing is of the same quality as it seems.
At used car auctions, weathered paint may cover an older Ford that's still in great shape when it comes to its engine, frame and transmission. A dent in the bumper of a Chevy may only be the war wound of a long-ago back-in bump at the grocery store and not an indicator of anything worth worrying about. At a public auction those dents and dings may simply be identifiers of a vehicle with great bones but too many blemishes for a dealer to work on their lot.
Write down the VIN from the foundation of the windshield for any auto you are contemplating. Subsequently assess other areas where the VIN might seem, for example door and trunk lid decals. If the amounts do not fit, the automobile reconstructed and may have been in a major injury. Look for more promising options.
If a car's been taken care of and received regular service, you'll see clean and clear liquid on the dipstick. If it's not, you may want to steer clear as the vehicle may've made it to the auction block but be in serious need of long-term TLC and upkeep to maintain its condition.
Use Edmunds and Kelly Blue Book to get an idea of what the vehicle is worth before you consider a bid. Pride works against us in the bidding game. If you don't really know what the car you're bidding is worth STOP BIDDING. The auction is no place to try the old "fake it till you make it" routine.
Vehicles at auction sell in "as is" state. That means there are no warranties, no guarantees and no means of legal recourse. If you don't have the means to deal with a car with problems, don't bid. Period.
Take your time and observe the activity around each car or truck as it goes up for auction. Look for suspicious actions from other bidders — if someone appears to interested in too many vehicles, they may simply be bidding to pump up the strike price. Don't fall for someone trying to lure you into a bidding war just to get you to pay more. Before you even consider placing your first bid, you should attend more than a few auctions to get a feel for the process and the games people play — and who some of the regular players are.
It's easy for us to get caught up in the excitement of an auction and become addicted to the rush of bidding only to wind up spending way more on a used car than we should. The ones who win big at public auctions do so by being disciplined and rational. Passion and feelings are fine in their place – the auction lot is for cold-blooded calculations. Don't get emotional. The win isn't worth losing money. Sometimes, you will have to just walk away. Better to walk away today so you can drive away happy in the future.
Now that you have a better understanding of how the auction process works and what you can do to better navigate one, check out the many donated and used cars in our inventory search portal here.