text:
France Hopes For New A400M Deal This Week
Defense minister of France hopes Airbus and the seven governments which ordered the A400M military transport plane can agree new financing terms to save the troubled program.
Emma Vandore and Jamey Keaten, Associated Press Writers
PARIS (AP) -- France hopes that Airbus and the seven governments which ordered the A400M military transport plane can agree new financing terms to save the troubled program by the end of the week, the defense minister said Monday.
Herve Morin told journalists that the positions of the seven countries -- Belgium, Britain, France, Germany, Luxembourg, Spain and Turkey -- and Airbus parent company EADS appear to be converging.
"As it stands today we have the perspective in our minds to reach an agreement by the end of the week," he said.
"The discussions are continuing and I think they are going more toward convergence than divergence."
The aircraft is now four years behind schedule and more than euro5 billion ($7.3 billion) over budget. Morin has said that EADS should shoulder at least as much of the extra burden as the governments.
German Defense Minister Karl-Theodor zu Guttenberg was quoted in a parliamentary newsletter last week as saying that the seven nations were willing to contribute a maximum of euro2 billion ($2.81 billion) in extra funding, less than EADS is asking for.
Thursday will be a crucial day for the military plane, with meetings in Istanbul, Berlin and Paris.
Morin said the seven defense ministers will discuss the plan on the sidelines of a NATO meeting in Istanbul, Turkey, starting Thursday. Defense officials will also be meeting in Berlin while French President Nicolas Sarkozy and German Chancellor Angela Merkel host a Franco-German summit in Paris.
The European aerospace company had given the governments until the end of January to make a decision, threatening to scrap the program otherwise.
The A400M had its maiden flight in December. The price tag for the 180 planes ordered was fixed at almost euro20 billion in the initial contract in 2003.
The four-engine turboprop is seen as occupying an important niche market between the Lockheed Martin C-130J Hercules, which carries only half the payload, and Boeing's C-17 Globemaster III, which is larger, costlier, and less tactically versatile.


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It is often said that you can tell what cars will look like in 20 years by looking at a Mercedes-Benz today. It has become world famous for providing a perfect blend of luxury, practicality and performance. Why not find out for yourself and rent a Mercedes.
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Mercedes' reputation for quality and durability precedes it. When you rent a Mercedes, you will feel comfortable and in control. From sedans and SUVs for the family to performance coupes and race-inspired models, Mercedes hire cars all offer the same outstanding level of comfort, road handling and prestige.
Supercar Experiences are proud to offer the Mercedes SLS for hire. The sleek and sporty car is famous for its distinctive gull-wing doors. It was the first supercar to be built by the AMG team from top to bottom and it's designed to be impressive with a hand-built V8 6.3 litre engine that purrs and provides fast acceleration.
We also offer the highly responsive and agile Mercedes C63 AMG for hire. It has a bold design and is packed with power thanks to its powerful 4.0 litre twin-turbo V8 engine producing 476hp. It is capable of 0 to 62 mph in just 4.0 seconds and boasts exceptional driving agility.
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The DB11 is a well balanced, beautiful looking and sounding V12 4 seater GT car. Quintessentially English! Price match guarantee.
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This GTC is the Mulliner spec with a 4.0 litre twin turbo V8, add 4 seats, sports exhaust and convertible roof, perfection? Price match guarantee.
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Sporty, ferocious and versatile, the 488 is a modern masterpiece from the esteemed Italian manufacturer. Price match guarantee.
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The Huracan has a naturally aspirated V10 engine, 610bhp, with an exhaust that sounds like a spitfire has just flown by. Addictive!! Price match guarantee.
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redpajama_set_name: RedPajamaCommonCrawl


text:
John Franklin Foust - Page 15
that Cheyenne did not conduct any farming activities in 1989.
Petitioner has presented no evidence to explain or substantiate
the $11,503 loss.  In the absence of any evidence substantiating
or explaining petitioner's entitlement to the loss, respondent's
determination disallowing the loss is upheld.
Issue 4:  The Section 6651(a)(1) Addition to Tax
Section 6651(a)(1) imposes an addition to tax in the event a
taxpayer fails to timely file his tax return.  The addition to
tax applies unless the taxpayer establishes that his failure to
file was due to reasonable cause and not willful neglect.
With extensions, petitioner's 1989 personal Federal income
tax return was due on October 15, 1990.  The parties stipulated
that the return was mailed on October 16, 1990; the return bears
a stamp indicating that the envelope was postmarked on that date.
At the trial, petitioner did not provide any explanation for his
delinquent filing.  Petitioner's brief included some vague
assertions about why the envelope was erroneously postmarked on
October 16, rather than October 15, but these assertions are not
supported by the record and they directly contradict a stipulated
Petitioner has failed to provide any evidence that the late
filing of his 1989 personal Federal income tax return was due to
reasonable cause and not willful neglect.  We uphold respondent's
determination that petitioner is liable for the section
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South Kasai was a secessionist region in the area of eastern Congo (Zaire). Its flag was something like horizontally red-green or green-red with a large yellow 'V'. [smi75a]. The yellow letter V on the green-red flag of South Kasai was for Victory.
The flag was used approximately from 1960-1962. The state of South Kasai was proclaimed in June 1960 by tribal chief Albert Kalonji.
This flag is listed under number 6 at the chart Flags of Aspirant Peoples [eba94] as: «South Kasai (Independent state, 1960-62) - Zaire». The State of South Kasai lasted from 09 August 1960 to 02 October 1962. Ruled by President (later King), it was officially known as the Mining State because of its diamonds and other precious materials.
Ivan Sache, 12 Sep 1999, quoting from [smi76].
I recently came across these 1961 photos taken in South Kasai which show actual examples of their flag: As you can see, the V is a bit smaller than what is illustrated above. On the other hand, the small flag on the Landrover in the second photo is more similar to the one we illustrate. So presumably, therefore, there were some variations in the flag design.
On this webpage and on this one is shown a flag quite different from the one we show for South Kasai, though it would fit the same verbal description, if put vaguely enough: "Its flag was something like horizontally red-green or green-red with a large yellow 'V'. [smi75s]".


Probably the best reverb band to come from Ireland since … MBV. After the EP released last year, they are preparing a LP for this year. They were not happy with the EP sound …. well it is very good. Can not wait to hear the music and sound of the LP.
This the sign of great artists: to amaze. Both Andi Josi's superb melodies and texture, and Krissy Vanderwoude, that changed her way of singing to be more vulnerable and raw than usual, have impressed us … again.
Life on Venus is of course one of our favourite bands. Check the collaboration we did with them to discover the band and their music. Their new song is really good and propose change of textures from the LP.
Soon on Noise Artists, Soot Sprite have released a first EP last year. All the melodies and arrangements are simple and extremely efficient, stripping Shoegaze of the sometimes too many effects and exposing what it is about.
'The Ocean Boy' is a Shoegaze duo from Rome, Italy. They released their first EP from which this is extracted. Very promising.
'Frankenchrist' are from Brazil and create their music in the Noise Pop / Post Rock universe. This is their new production.
Taneli Lucis is a Dream Pop band from Lima, Peru. Their lo-fi approach is endearing. All is slightly off: off beat, off tune, off kilter and it works. They are like Dream Pop music in a dream.
Long time reverb and indie lover (I saw My Bloody Valentine, Ride, Cure or the Pixies before they split …), bass player of the late Smiling Marianne, with a bit of a passion for discovering beautiful music and sharing it.


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To participate in the Library's Survey Raffle, visit the New Berlin Library during the month of June and share the code "Libraries Rock" to redeem your raffle ticket!
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Make a big impact in even the smallest room with the RICOH PJ WX4152NI Ultra Short Throw Projector. Use this ultra-short-throw projector to showcase https://www.roa-usa.com/sites/all/themes/roa mere inches from the projection surface. Take advantage of 360-degree projection to present on any wall, floor or tabletop in offices, classrooms, public spaces and other venues.
You're not the only one with good ideas. Add annotations and highlight details on the projected surface via an incredibly accurate wireless digital pen. Because you can use LAN and wireless connections simultaneously, participants can even share documents or https://www.roa-usa.com/sites/all/themes/roa directly from their laptops and personal mobile devices while you present.
Connect to a wide range of audio-visual devices to project https://www.roa-usa.com/sites/all/themes/roa, schematics, movies and more with 1280 x 800 WXGA wide format resolution at up to 80 inches diagonally. The PJ WX4152NI ultra short throw projector generates 3,500 lumens and contrast ratios up to 13,000:1, so every color — more than one billion of them — can be seen clearly in the brightest rooms. Colors are also adjusted automatically to offset the color of the projection surface.
Don't let distractions be more memorable than your message. The PJ WX4152NI ultra short throw projector starts when it connects with your Macintosh ® or Windows ® computer, and it finds an available network automatically to avoid delays. It balances https://www.roa-usa.com/sites/all/themes/roa and corrects keystone distortions on its own, too. Stay out of the way by using the handheld remote to navigate menus and access settings.


Five Nights at Freddy's has a huge fan fiction community, so it makes sense that the next item on the FNaF checklist is an official novelization. It's not been directly announced, however: users have been forced, once again, to piece together evidence on the official Scott Games website.
It wasn't hard though. This image, which kinda looks like a book cover, has the filename FnaF_TheNovel.jpg. Tricky! Meanwhile, if you look at the Scott Games website's source code, there's a message about an imminent release on Amazon Kindle. That's likely to happen on December 22, judging by the packshot on the website.
It's no surprise that Five Nights at Freddy's is getting a novel. In fact, I'm surprised it hasn't happened sooner. The series is already getting a film adaptation after all, and with a new, non-horror RPG instalment due next year, Scott Games is happy to keep producing fiction around its creepy animatronic-infested universe.


Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.
(b) Mistake; inadvertence; excusable neglect; newly discovered evidence; fraud, etc.
On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b), (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to set aside a judgment for fraud upon the court. Writs of review, of error, of audita querela, and petitions to vacate judgment are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.
(2013) The 1973 Reporter's Notes to Rule 60, second paragraph state in part: "...[B]ecause a Rule 60(b) motion does not affect the finality of the judgment, it does not toll the time for taking an appeal." In 2013, however, an amendment to Rule 4(a) of the Massachusetts Rules of Appellate Procedure provided that a Rule 60 motion, if served within ten days after entry of judgment, tolls the time period to claim an appeal.
The 2013 amendment to Mass. R. A. P. 4(a) was intended to address the confusion that sometimes arose when a post-judgment motion, denominated a motion for "reconsideration," was served within ten days after entry of judgment. Since the text of the Massachusetts Rules of Civil Procedure does not refer to motions for reconsideration, a motion for reconsideration, if served within ten days of judgment, could have been treated as a motion under Rule 59 (for new trial or to alter or amend judgment) or as a motion under Rule 60(b) (for relief from judgment). If treated as a Rule 59 motion, the motion for reconsideration would have operated to toll the time period to claim an appeal. If treated as a Rule 60(b) motion, the motion for reconsideration would not have served to toll the time period to claim an appeal. Mass. R. A. P. 4(a), as it existed prior to the 2013 amendment. The 2013 amendment to Mass. R. A. P. 4(a) eliminates this potential for confusion by tolling the time period to claim an appeal where a post-judgment motion for reconsideration is served within ten days after entry of judgment.
See 2013 Reporter's Notes to Mass. R. A. P. 4(a).
(1973) Rule 60 encompasses two basic situations: (a) the correction of mere clerical mistakes in the judgment or other part of the record, and (b) substantive relief from a final judgment. Included in Rule 60(b) are all possible grounds for relief from a final judgment. A motion under Rule 60(b) performs the same function as the former Massachusetts procedures of writ of review, writ of error, writ of audita querela and petition to vacate judgment. As will be noted below, Rule 60 preserves the substance of these remedies. But with the adoption of Rule 60, the relief is available through simple "motion" under Rule 60(b). In addition, Rule 60 does not prohibit the court from entertaining an independent action to relieve a party from a judgment.
A motion under Rule 60 is addressed to the trial judge's judicial discretion, and is generally not reviewable except for a clear abuse of discretion. Farmers Co-operative Elevator Association v. Strand, 382 F.2d 224 (8th Cir.1967). Further, because a Rule 60(b) motion does not affect the finality of the judgment, it does not toll the time for taking an appeal. Compare Rule 62(e).
Rule 60(a) is limited to the correction of purely clerical errors. Errors within the purview of Rule 60(a) include "misprisions, oversights, omissions, unintended acts or failures to act." First National Bank v. National Airlines, 167 F.Supp. 167 (S.D.N.Y.1958). In effect, Rule 60(a) merely seeks to ensure that the record of judgment reflects what actually took place. Substantive errors or mistakes are outside the scope of Rule 60(a). See Stowers v. United States, 191 F.Supp. 795 (N.D.Ga.1961) holding that failure to consider interest as an element of a judgment is a substantive matter beyond Rule 60(a).
Further, Rule 60(a) does not apply unless the mistake springs from some oversight or omission; it does not cover mistakes which result from deliberate action. Ferraro v. Arthur M. Rosenberg Co., Inc., 156 F.2d 212 (2d Cir.1946). The word "record" in Rule 60(a) refers not only to process, pleadings, and verdict but also to evidentiary documents, testimony taken, instructions to the jury, and all other matters pertaining to the case of which there is a written record. Rule 60(a) covers mistakes or errors of the clerk, the court, the jury, or a party. The taking of an appeal does not divest the trial court of power to correct errors. However, once the case is docketed in the appellate court, the trial court can only grant relief after first obtaining the appellate court's leave.
Rule 60(b) affords a "Party or his legal representative" a means of obtaining substantial relief from a "final judgment, order or proceeding." Interlocutory judgments thus do not fall within Rule 60(b). They remain subject to the complete power of the court rendering them to afford such relief from them as justice requires. This has long been the federal rule. John Simmons Co. v. Grier Brothers Co., 258 U.S. 82 (1922). Rule 60(b) leaves this unchanged. Rule 60(b) incorporates all possible grounds for relief from judgment, such relief must be sought by "motion as prescribed in these rules or by an independent action." The phrase "independent action" has been interpreted to mean, not that a party could still utilize the older common law and equitable remedies for relief from judgment, but rather "that courts no longer are to be hemmed in by the uncertain boundaries of these and other common law remedial tools." Klapprott v. United States, 335 U.S. 601 (1949). The court now has power "to vacate judgments whenever such action is appropriate to accomplish justice." Id. Thus, as presently interpreted, Rule 60(b) contains the substance of the older remedies while simplifying the procedure for obtaining such relief.
Rule 60(b)(1) allows relief for "mistake, inadvertence, surprise or excusable neglect." It applies to acts of the court, parties or third persons. Thus Rule 60(b)(1) has been held to permit granting of relief where the court overlooked one small item of damages concerned with the major issues of the case. Southern Fireproofing Co. v. R.F. Ball Construction Co., 334 F.2d 122 (8th Cir.1964). Similarly, the oversight of an attorney's law clerk in failing to serve a more definite statement of claim may be ground for vacating a judgment dismissing the complaint under the mistake or inadvertence clause of Rule 60(b)(1). Weller v. Socony Vacuum Oil Co. of New York, 2 F.R.D. 158 (S.D.N.Y.1941). Where a default judgment was based on a misunderstanding as to appearance and representation by counsel, relief was granted under Rule 60(b)(1). Standard Grate Bar Go. v. Defense Plant Corp., 3 F.R.D. 371 (M.D.Pa.1944).
The "excusable neglect" clause of the section has been frequently interpreted. It seems clear that relief will be granted only if the party seeking relief demonstrates that the mistake, misunderstanding, or neglect was excusable and was not due to his own carelessness. See Petition of Pui Lan Yee, 20 F.R.D. 399 (N.D.Cal.1957); Kahle v. Amtorg Trading Corp., 13 F.R.D. 107 (D.N.J.1952). The party seeking the relief bears the burden of justifying failure to avoid the mistake or inadvertence. The reasons must be substantial. For example, the misplacing of papers in the excitement of moving an attorney's office was held not to constitute excusable neglect sufficient to relieve the party from a default judgment entered for failure to file an answer. Standard Newspaper Inc. v. King, 375 F.2d 115 (2nd Cir.1967). Likewise, ignorance of the rules of civil procedure has been held not to be "excusable neglect." Ohliger v. U.S., 308 F.2d 667 (2nd Cir.1962).
Rule 60(b)(2) affords a party relief from a final judgment, order or proceeding on the ground of newly discovered evidence.
"Rule 60(b) provides for extraordinary relief and may be invoked only upon a showing of exceptional circumstances."
It is also settled practice that the phrase "newly discovered evidence" refers to evidence in existence at the time of trial but of which the moving party was excusably ignorant. Brown v. Penn. R.R., 282 F.2d 522 (3rd Cir.1960), cert. denied 365 U.S. 818 (1961). The results of a new physical examination are not "newly discovered evidence" within the meaning of the Rules, Ryan v. U.S. Lines Co., 303 F.2d 430 (2nd Cir.1962).
Finally, the evidence must be of a material nature and so controlling as probably to induce a different result. Giordano v. McCartney, 385 F.2d 154 (3rd Cir.1967).
Rule 60(b)(3) allows relief from a final judgment, order or proceeding on the basis of "fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party".
2) set aside a judgment on its own initiative for fraud upon the court.
Since neither the fraud nor misrepresentation is presumed the moving party has the burden of proving by clear and convincing evidence that the alleged fraud or misrepresentation exists and that he is entitled to relief.
Prior to the adoption of Federal Rule 60(b), relief was afforded for extrinsic fraud, that is, fraud collateral to the subject matter, but denied for intrinsic fraud relating to the subject matter of the action. Because of difficulty in differentiation, Rule 60(b) explicitly abolishes the distinction, at least with respect to a timely motion under Rule 60(b)(3). These distinctions may, however continue to exist with respect to the independent action and the action of the court on its own initiative.
Rule 60(b)(3) includes any wrongful act by which a party obtains a judgment under circumstances which would make it inequitable for him to retain its benefit. Fraud covered by Rule 60(b)(3) must be of such a nature as to have prevented the moving party from presenting the merits of his case. Assmann v. Fleming, 159 F.2d 332 (8th Cir.1947). See also U.S. v. Rexach, 41 F.R.D. 180 (D.P.R.1966).
Rule 60(b)(3) refers to "misconduct of an adverse party," and thus does not literally apply to the conduct of third persons. However, it is safe to assume that if the fraud is derivatively attributable to one of the parties (as for example, fraud by his attorney), it is within Rule 60(b)(3). Even if the fraud is not attributable to one of the parties, relief may still be available through an "independent action" or the residual clause, Rule 60(b)(6).
Rule 60(b)(4) allows relief from a void judgment; it gives no scope to the court's discretion. A judgment is either void or valid. Having resolved that question, the court must act accordingly.
An erroneous judgment is not a void judgment. A judgment is void only if the court rendering it lacked jurisdiction of the subject matter or of the parties, or where it acted in a manner inconsistent with due process of law.
Although Rule 60(b)(4) is ostensibly subject to the "reasonable" time limit of Rule 60(b), at least one court has held that no time limit applies to a motion under the Rule 60(b)(4) because a void judgment can never acquire validity through laches. See Crosby v. Bradstreet Co., 312 F.2d 483 (2nd Cir.) cert. denied, 373 U.S. 911 (1963) where the court vacated a judgment as void 30 years after entry. See also Marquette Corp. v. Priester, 234 F.Supp. 799 (E.D.S.C.1964) where the court expressly held that clause Rule 60(b)(4) carries no real time limit.
Finally, a party may obtain relief from a void judgment through an independent action to enjoin its enforcement.
Rule 60(b)(5) affords relief if "the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application." The time for moving under Rule 60(b)(5) is stated to be a "reasonable time", to be determined in light of all the circumstances of the case.
It is important to note that relief under this clause is available only where the judgment is based on a prior judgment which has been reversed or otherwise vacated. Rule 60(b)(5) may not be used as a substitute for appeal. It does not authorize relief from a judgment on the ground that the law applied by the court in making its adjudication has been subsequently overruled or declared erroneous in another and unrelated proceeding. Berryhill v. United States, 199 F.2d 217 (6th Cir.1952).
Rule 60(b)(5) significantly affects appellate procedure where, for example, a judgment is based upon a prior judgment and the two judgments are appealed simultaneously. In this situation it would be proper for the appellate court to consolidate the two appeals and make a final adjudication based on both judgments. See Butler v. Eaton, 141 U.S. 240 (1891).
The third clause of Rule 60(b)(5) only applies to judgments having a prospective effect, as, for example, an injunction, or a declaratory judgment. It does not apply in the usual money damages situation because such a judgment lacks prospective effect. Ryan v. U.S. Lines Co., 303 F.2d 430 (2d Cir.1962). Specifically, the clause allows relief from a judgment which was valid and equitable when rendered but whose prospective application has, because of changed conditions, become inequitable. This power to grant relief from the prospective features of a judgment has always been clearly recognized in equity. See State of Pennsylvania v. Wheeling & Belmont Bridge Co., 18 How. 421 (1855).
Rule 60(b)(6) contains the residual clause, giving the court ample power to vacate a judgment whenever such action is appropriate to accomplish justice. Pierre v. Bemuth, Lembeke Co., 20 F.R.D. 116 (S.D.N.Y.1956). Rule 60(b)(6) is, however, subject to two important internal qualifications. First, the motion must be based upon some other reason than those stated in Rule 60(b)(1)-(5); second, the other reason urged must be substantial enough to warrant relief.
A motion under Rule 60(b)(5) or (6) must be made within a "reasonable time." A motion under Rule 60(b)(4) probably has, as noted above, no effective time limit.
Motions under Rule 60(b)(1)-(3) are also subject to a "reasonable time" limitation which may never exceed one year after the judgment, order or proceeding in question. Further, Rule 60(b) explicitly prohibits the enlargement of Rule 60(b) time limits.
The saving clause in Rule 60(b) which allows the court to set aside a judgment for fraud upon the court contains no time limit. Likewise, the time limitations of Rule 60(b) do not apply to the independent action preserved by the rule. Presumably, concepts of reasonableness and laches would control.
"If the right to make a motion is lost by the expiration of the time limits fixed in these rules, the only other procedural remedy is by a new or independent action to set aside a judgment upon those principles which have heretofore been applied in such an action. Where the independent action is resorted to, the limitations of time are those of laches or statutes of limitations."
It is not clear, however, just what statute of limitations applies.
In an independent action, the same requirements outlined above with respect to motions under Rule 60(b) must be met.
There should logically be no distinction between intrinsic or extrinsic fraud, if the independent action is based on fraud. See Rule 60(b)(3), discussed above. However, it has been held that the troublesome distinction between intrinsic and extrinsic fraud is still effective with respect to independent actions and that only extrinsic fraud will support such an action. Dowdy v. Hawfield, 189 F.2d 637 (D.C.Cir.) cert. denied 342 U.S. 830 (1951).
Although nothing in Rule 60(b) so specifies, the concepts of sound judicial administration suggest that the independent action should ordinarily be brought in the court (subject to statutory venue requirements) which heard the original action.
Generally, Rule 60(b) affords the same relief formerly available. The former procedures for such relief included: (1) By general consent of all parties and the court. Brooks v. Twitchell, 182 Mass. 443, 447 (1903). (2) By motion of the prevailing party within three months, G.L. c. 250, § 14. Marsch v. Southern New England Railroad, 235 Mass. 304, 305 (1920). (3) Where the execution has been in no part satisfied, by petition to vacate judgement, brought within one year. G.L. c. 250, §§ 15-20. Gould v. Converse, 246 Mass. 185 (1923). Maker v. Bouthier, 242 Mass. 20 (1922). Shour v. Henin, 240 Mass. 240 (1922). (4) By unit of review, in some cases without petition, and generally but not always within one year. G.L. c. 250, § 21 et seq. Lynn Gas & Electric Co. v. Creditors National Clearing House, 235 Mass. 114 (1920). Carrique v. Bristol Print Works, 8 Met. 444, 446 (1844). Silverstein v. Daniel Russell Boiler Works, Inc., 268 Mass. 424 (1929). (5) By writ of error, usually within six years. Former G.L. c. 250, § 3 et seq. Lee v. Fowler, 263 Mass. 440, 443 (1928). (6) By bill in equity to compel the vacation of the judgment and to restrain its enforcement. Brooks v. Twitchell, supra at 44. Joyce v. Thompson, 229 Mass. 106 (1918). Nesson v. Gilson, 224 Mass. 212 (1916). Farquhar v. New England Trust Co., 261 Mass. 209 (1927).
In addition to the above, the remedy of audita querela also existed in Massachusetts, G.L. c. 214, § 1, but was rarely used.


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Glossopedia of Pen Terms
(This page revised July 27, 2019)
Introduction A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
[ Reference Info Index | Glossary of Paper Terms ]
Eagle (Eagle Pencil Company) A pen and pencil manufacturing company; founded in 1856 by Leopold Illfelder and Daniel Berolzheimer as the Vera-Bleistift-Fabrik (pencil factory) in Fürth, Bavaria, Germany. In 1861, the company opened a branch in New York City. Daniel Berolzheimer had died in 1858, so the New York office was opened by his son Henry. Henry soon partnered with his brother Martin and Joseph Reckendorfer. At some time after Reckendorfer's death in 1883, the company incorporated; but members of the Berolzheimer family retained effective control of it, serving on the board of directors and as presidents until its 1969 merger with several other companies to create the Berol Corporation. In 1890, Eagle introduced a cartridge-filling pen (U.S. Patent No 426,758), a very simple design (shown below, upper and middle) that had a brass nib and used glass cartridges pushed onto a gum rubber nipple that was part of a plug in the hollow section. Eagle continued to innovate, patenting sleeve fillers, spoon fillers, matchstick fillers, and more. At some point in the 1930s, the crush of the Depression led Eagle to introduce a lower line called EPENCO. These pens were very cheaply made and fitted with steel nibs. Some of the EPENCO pens, e.g., Moon & Stars (below, lower) and the Popeye cartoon character, achieved notable success. See also matchstick, sleeve, spoon filler.
Eberhard Faber 1 (Eberhard Faber Pencil Company) A pen and pencil manufacturing company located in New York City and, after 1872, Brooklyn, New York; founded in 1861 by Johann Eberhard Faber, brother of Johann Lothair Faber of Germany's A. W. Faber. In addition to its several lines of wooden pencils, the company produced mechanical pencils and fountain pens of mediocre quality, of which the best known is probably the Permapoint line of the 1940s (which in 1947 was judged inferior by Consumer Reports ) The Permapoint pen was designed to compete with Esterbrook pens. Like Sheaffer's WASP Addipoint, the Permapoint had a user-interchangeable gripping section complete with feed, nib, and sac. The company was bought in 1994 by Faber-Castell USA, which later sold it to the Sanford division of Newell Rubbermaid. It is currently an element of the Paper Mate brand. 2 (Eberhard Faber GmbH) A pencil manufacturing company located in Neumarkt, near Nuremberg, Germany; founded in 1922 and purchased in 1978 by Staedtler Mars GmbH.
ebonite (also Ebonite) Hard rubber. When capitalized, a trademark currently held by Ebonite International, Inc. See also hard rubber.
Ebonized Pearl A celluloid color offered on Sheaffer's Balance pens 1934–1939, made by embedding flakes of abalone shell in black celluloid as shown here. See also abalone.
Eclipse (Eclipse Fountain Pen Company) A pen manufacturing company located initially in San Francisco, California; moved some time before 1917 to New York City. Founded in 1903 by Marx Finstone, the company sold three major lines of pens: Eclipse at the top, Marxton in the middle (illustrated below, lower, an uncommon glass-nib pen), and Park Row at the bottom (third tier, with a name probably chosen for its similarity to Parker.). At one time, Eclipse advertising attempted to clip Parker's wings by pointing out that Eclipse was the world's largest producer of red pens (below, upper, a rare bandless Eclipse). In 1925, Eclipse set up a Canadian subsidiary which in 1962 bought out the parent company. Beginning in 1929, a "child" company called Monroe sold a more luxurious line. Among Eclipse's significant accomplishments was Finstone's development of a method for making celluloid tube by spirally wrapping celluloid strip stock and fusing the seam (U.S. Patent No 1,576,588), thereby greatly reducing material cost and machining time. See also Dual Duty, Monroe, Rex.
Écorce (also Bark; French for bark, as of a tree, pronounced roughly A-korse, rhyming with "bay horse") Term used by Parker for a deeply incised pattern resembling tree bark on a metal pen (shown below, upper). Illustrated below (lower) is a gold-plated Parker 180 in the Écorce pattern. (This pen may be a prototype; so far as I know, Écorce was not used on production-model 180s.)
ED See eyedropper filler.
Edac (Établissements Edac) A manufacturer of fountain pens and mechanical pencils, located in Paris, France; founded shortly before World War I by Jacques Bonhomme to manufacture mechanical pencils, and located initially in Issy-Les-Moulineaux. The company moved to Paris after the war and in 1920 changed the brand name for its products (but not the company itself) from Edac to Edacoto. In 1922, the company began to produce fountain pens in retractable safety and lever-filling styles. The first Edacoto lever fillers used a peculiar U-shaped spring-metal pressure bar with one end engaged with the lever for filling and the other end formed into a button protruding through the side of the barrel near the section; pressing the button would apply a little squeeze to the sac in order to restart the somewhat unreliable ink flow. In 1930, Edac entered into an alliance with Aurora to market the latter's pens in sets with Edacoto pencils (the Duo Moderne). During the 1930s, Edacoto pens appeared in celluloid and also in a series called Bijouterie (Jewelry), with bodies of gold-plated brass or solid gold or silver. 1938's Super Edacoto 200 was essentially a knockoff of Waterman's Ink-Vue. Edac introduced a Parker "51"-inspired hooded-nib pen in 1955 and a cartridge filler in 1958. Edacoto pens were generally not innovative, but they were of good quality. In 1959, responding to the challenge of the ballpoint invasion, the company joined a consortium with Evergood, Mallat, Gold Starry, Walkover and Soma to produce the Visor Pen. The pen was successful but not enough so to restore the fortunes of Edac; shortly thereafter, Mallat absorbed Edac, the Edacoto name disappearing in the mid-1960s..
Edacoto See Edac.
EDC Abbreviation of Every Day Carry. Originally referring to survival items and weapons, the term has been adopted into general usage via social media to mean the essentials one always carries; e.g., for a fountain pen user, EDC would mean pens, ink cartridges, a book for journaling, etc.
Edison 1 (Edison Pen Company, Inc.) A pen manufacturing company located in Petersburg, Virginia; founded some time before 1915 as a pen repair shop. In 1915, Remmie L. Arnold became General Manager (later President), and the company soon began selling its own pens, which it assembled from parts supplied by jobbers. Among its models was a telescoping pen identical to the one manufactured by the U.S. Victor Fountain Pen Company. In 1920, the company registered EDISON as a trademark and began manufacturing its own pens; but in 1928 its trademark was revoked as the result of a lawsuit brought by Thomas Edison and Thomas A. Edison, Inc., in which the plaintiffs charged that the pen company's use of the name was causing material financial harm to their business. Arnold left Edison in 1935 to found his own company, and the Edison company, already failing, soon went under. See also Arnold, Victor. 2 (Edison Pen Company, LLC) A pen manufacturing company located in Huron, Ohio; founded in 2007 in Milan, Ohio, by Brian and Andrea Gray. Brian is a self-taught machinist whose passion for fine pens led him to make a few for himself without intending to sell them. When he showed them to others, they encouraged him to begin selling his pens; he left his position as a pharmaceutical sales representative to make and sell pens full time. As of this writing, Edison is a respected American pen manufacturer offering a "production" range, comprising several standard models, and a "signature" range of custom pens.
Eggens-Hambler (Eggens-Hambler Company, Inc.) A pen manufacturing company with offices in New York City and manufacturing facilities in Elizabeth, New Jersey; founded in 1922 by John H. Eggens and William C. Hambler, both of whom were former employees of L. E. Waterman. In 1926, the company offices moved to Newark, New Jersey. Eggens-Hambler produced primarily lever fillers of moderate quality, including some models with sterling silver or gold-filled overlays; a few miniature pens are also known. The company also jobbed pens to other companies, sometimes with nibs imprinted EHCO as were the nibs in its own pens. At some point, Hambler left the company, which thereupon began producing pens of a better quality that were marked with only Eggens' name. The company failed sometime in the mid-1930s; in 1935, its securities were declared worthless.
EHCO See Eggens-Hambler.
18K (also 18C) A designation indicating an alloy that contains 18 parts of gold, by weight, per 24 parts of the total metal content. The same as 750. As a general rule, 18K nibs are actually inferior to 14K nibs in terms of their writing qualities. The higher gold content is marketed as a status and quality feature, but the real reason for it is that many countries have followed France's lead in establishing laws requiring the alloy to be least 18K in order to be sold as "gold." (This requirement's original purpose was to prevent fraud in the jewelry trade.) See also karat, METAL.
18KR A European mark indicating 18K rolled gold. See also 18K, gold filled.
875 See Sheaffer numbers.
Eisenstadt (Eisenstadt Manufacturing Company) A manufacturer and wholesaler of silverware and fine jewelry located in St. Louis, Missouri; founded in 1853 as the M. Eisenstadt Jewelry Company, purchased and reincorporated in 1883. In 1895 the name was changed to the Eisenstadt Manufacturing Company. During the 1920s and 1930s, Eisenstadt manufactured fountain pens of good quality that featured a unique and very well thought-out "backward" lever filler (shown below) in which the lever lifted toward the back end of the barrel instead of toward the gripping section (U.S. Patent No 1,531,800, by John J. Lynagh). The principal advantage of this lever design was that the lever could not become caught on the edge of the user's pocket and cause the pen to discharge ink as the user was pocketing it. In 1929, the company added costume jewelry to its product line. It remained in business until 1981.
Electa See Ceriani.
Elysée (Elysée Schreibgeräte GmbH) A brand name used by a jewelry manufacturer located in Pforzheim, Germany, later applied to the company itself. Founded in 1925 by Paul Dummert, the firm produced fountain pens as a minor sideline. When Pforzheim was bombed near the end of World War II, Dummert's factory was completely destroyed. Dummert's son Reinhold oversaw the rebuilding of the company, and it resumed business in the early 1950s, although never on the scale of its prewar activity. Purchased in 1970 by the watchmaking firm of Benzinger & Klein, Dummert began in about 1975 to produce lacquered metal pen bodies that it jobbed to high-end companies manufacturing pens for the fashion trade. In 1980, the company introduced complete pens of the same type under the Elysée brand. During the 1980s, models were numbered (60, 70, 80, and 90 series) and are reputed to have been distributed by Montblanc. Staedtler Mars GmbH acquired the Elysée brand and factory in 1991 and set it up as Elysée Schreibgeräte GmbH; under Staedtler's management new models appeared with names such as Finesse, En Vogue, Epoque, Caprice, Sports, Dynamic, et al. In 2000, Elysée pen manufacture was discontinued due to excessive production costs.
emblem 1 When capitalized (Emblem Pen), the name of a top-of-the-line pen model introduced by Waterman in 1946 or '47 to replace the Hundred Year Pen after the U.S. Federal Trade Commission prohibited the offering of a warranty if a fee was charged unless the fee was described in type the same size as, and in close proximity to, the warranty statement itself. The Emblem Pen is unchanged from the last version of the Hundred Year Pen except that it lacks the latter's 100-year warranty. Shown here (upper) is a De Luxe Emblem Pen in white, intended as a doctor's pen. See also Hundred Year Pen. 2 When not capitalized, a sign or symbol attached to a pen, usually on the cap. Such sigilia are usually the crests or insignia of fraternal organizations such as the Eagles, Elks, Lions, Masons, etc., and pens bearing them are generally considered to be worth more than similar pens without them. During World War II, Morrison made a pen model called the Patriot; available in versions for the various U.S. armed services, the pen bore the emblem of the particular service it was named for. Shown here (lower) is a Navy Patriot, with the U.S. Navy crest on its sloped cap crown.
embossing See repoussé.
Empire A strikingly attractive Art Deco cap design used during the 1940s on the Vacumatic-filling version of the Parker "51"; made by layering yellow and rose gold. Also known as Empire State, for the design's resemblance to the profile of the Empire State Building. Empire caps are rare and highly sought after. See also gold, Rainbow, rose gold, Watermelon.
enamel (also vitreous enamel) A thin layer of glass that is fused to the surface of metal for decoration or protection. Enamel can be transparent (with or without a colored tint), translucent (cloudy, with or without tint), or completely opaque. The Bossert & Erhard pen illustrated here has been finished with enamel in a color called "Arctic Ice" over sterling silver guilloché. See also cloisonné, guilloché, lacquer.
Endura Conklin's name for a flat-top pen model introduced in 1924 to replace the short-lived Duragraph. The Endura appeared in variants from a full-sized clip-style model (shown below in Pearl and Black celluloid) to a small ringtop ladies' model. In about 1930, the Endura became the Endura Symetrik, a streamlined transitional pen whose styling led the way to the Nozac. See also Nozac.
engine turning See guilloché.
engraved Decorated by the removal of material in an attractive design, generally by the use of a sharp scriber or similar tool. In reference to writing instruments, usually used to indicate the application of a person's name or initials, or a personalized dedication. The indicia of the Sheaffer's Tuckaway shown here is engraved with the owner's name, Zenobia. See also autograph (definition 1), chased, crosshatched, etched, guilloché, hand engraved, indicia, roll engraving.
Envoy A pen model introduced by Eversharp in 1948 to fill the spot at the top of the company's new lineup. The sleek and slender all-gold-filled Envoy, shown below, was a break from the then-current styles, and its design might have been the reason for its withdrawal only a year after its introduction.
epenco See Eagle.
Equi-Poised (also seen in later references as Equipoise or Equipoised) A pen model introduced in 1929-30 by Wahl; the company's first design to break away from the straight cylindrical "flat-top" mold of the previous decades. The Equi-Poised line featured some of the same celluloids and, at the higher end, the Personal-Point nib and Gold Seal trademark that had appeared a couple of years earlier. Shown here is a Gold Seal Personal-Point Equi-Poised in Kashmir green. See also Gold Seal, Personal-Point.
Ercolessi (E. E. Ercolessi) A reseller of pens and other stationery items, operating several shops located in Milan, Italy; founded in 1921 by Edgardo Ercolessi and his wife Elvira. The company did not manufacture its own pens; instead, it jobbed them from several of the top Italian manufacturers, beginning with hard rubber retractable safety pens made by Columbus. Lever-fillers appeared later, followed by Duofold-style models produced in colorful celluloids by OMAS. Minerva provided button-fillers based on its own Ellittica range and lever- and piston-fillers based on the Classica. Elaborately decorated overlay safeties continued in popularity, still produced by Columbus. In the 1940s, Ercolessi discontinued its collaboration with Columbus and OMAS, partnering with Ancora for the Model 62 and 65 piston-fillers. During and after World War II, as the economic climate shifted, Ercolessi introduced cheaper models jobbed from Montegrappa and Radius, most notably the Series 70, based on the Radius Extra. Edgardo Ercolessi emigrated to Brazil in 1955, leaving control of the company to his son Giordano, and in 1987 Giordano's younger sister Lucia took the reins. E. E. Ercolessi eventually discontinued offering pens under its own name; however it remains in business as of this writing, with a single shop in Milan. See also OMAS.
Esterbrook (R. Esterbrook & Co.) A pen manufacturing company located in Camden, New Jersey. Founded as the United States Steel Pen Manufacturing Company in 1858 by Richard Esterbrook, the company pioneered the manufacture of high-quality steel pens in the U.S.A. and competed with England's Perry & Co. (Osmiroid) in worldwide sales. Esterbrook developed its first fountain pen in about 1920, but its most famous creation is the Model J family, which appeared in 1944. Using the user-interchangeable Renew-Point nibs that Esterbrook introduced in 1935, the J (illustrated below) became almost a household name and is today among the most popular low-priced collectible fountain pens. Relatively unsuccessful in attempts to diversify into ballpoints and felt-tip pens, Esterbrook was acquired by Venus in 1967 amid the general decline in fountain pen usage, and manufacture ceased in 1972. See also J, Osmiroid, Renew-Point, steel pen.
etched 1 Engraved by the removal of material with acid; the object to be treated is first covered with a layer of a protective substance called a resist (through which is cut the design to be applied) and is then exposed to the acid. 2 Term used by L. E. Waterman to describe pens having a metal overlay decorated with a pattern that is usually either chemically etched or mechanically engraved, as shown by the Gothic pattern on the No 0552V below. See also engraved.
Eternal 1 A trademark applied to certain Mabie Todd Swan pens. 2 Term used by one modern ink maker to signify inks that are resistant to fading caused by extended exposure to actinic light (light that is high in ultraviolet, such as sunlight or the light from a welding arc).
Etiopia A limited-edition fountain pen model produced by Aurora in the latter half of 1936 to commemorate Benito Mussolini's founding of his new Italian empire after the conquest of Ethiopia. Shown below, the Etiopia is ivory in color, with a thin-wide-thin triple cap band decorated with a Greek Key pattern, and an image of the commemorative medal imprinted on the back side of the cap. Although not intended for use by troops in the field, it is a trench pen, with a pellet compartment at the back end of the barrel. The Etiopia is now very rare; and because of its historical connection with fascism it is to some extent controversial. See also Aurora, Greek Key, ink pellet, trench pen.
Evans 1 (Evans Dollar Pen Company) See Welty. 2 (Evans Pen Corporation) A ballpoint pen manufacturing company located in Hollywood, California; founded in 1947 by former Eversharp executives Harvey Binns and Walter Scott together with Phil Baker, who had been Master of Ceremonies on the popular radio quiz show Take It or Leave It (also known as The $64 Question ), which had been sponsored by Eversharp. By 1949, the company had developed and was marketing the full-sized Evans and the pocketable clipless Evanette, plastic ballpoint pens that used perfumed ink, priced at $1.00 and $1.95, respectively.
Everfull (Everfull Pen Company) A pen manufacturing company located in New York City; founded c. 1950 and operated briefly in the mid-1950s. Everfull's signature product was a $2.95 lever-filling fountain pen that carried an extra supply of ink within a somewhat elongated cap (U.S. Patent No 2,658,479, by Mendel Fried). The design featured a cartridge that was rigged to swivel automatically into a roughly upright position to serve as a small inkwell when the two halves of the cap were separated.
Everlast 1 (Everlast Pen Company) A pen and pencil manufacturer located in New York City; founded in the latter half of the 1940s by Theresa Waidlinger (president), Paul Waidlinger (vice president), and Richard Waidlinger (secretary/treasurer). The company operated at least into the 1950s, producing third-tier and novelty fountain pens, ballpoint pens, and mechanical pencils. It was among the first to offer a fountain pen combo whose other end was a ballpoint pen rather than a pencil. Among Everlast's novelty items were floaty pencils and a Lone Ranger Silver Bullet Pen Set (shown below); the set's pens wrote in blue ("Lone Ranger," for secret codes), red ("Silver," for danger), and green ("Tonto's Own Pen"). 2 A model produced by the Toledo Pen Company. See also Toledo (definition 2).
Ever-Ready A "house brand" of fountain pens produced for the American News Company of New York City. After a successful lawsuit brought in 1897 by William W. Stewart against American News over infringement of his U.S. Patent ( No 378,986), D. W. Lapham received Stewart's license to make the pen for American News. The Ever-Ready pen continued in production through several updates, at least into the 1920s. See also Lapham.
Eversharp See Wahl.
Excellence Autograph See Sheaffer names.
expel See mechanical pencil.
eyedropper 1 A tube, usually of glass, that tapers to a small opening at one end and has a rubber bulb attached to the other end; used for dispensing small amounts of liquids in a controlled fashion, i.e., drop by drop. Early manufacturers often used the term filler to refer to the eyedropper supplied with an eyedropper-filling pen. Shown here is a reproduction vintage-style eyedropper of the type commonly used for filling pens. 2 (abbreviated ED) Colloquial term for an eyedropper-filling pen. See also eyedropper filler.
eyedropper filler (colloquially shortened to eyedropper, abbreviated ED) Retronym indicating a fountain pen that has no self-filling mechanism. (Until the advent of self-filling pens, the term was unnecessary.) Operates by direct filling into barrel. Most eyedropper fillers unscrew, usually at the joint between section and barrel (below, upper pen, D. W. Beaumel), and ink is dripped into the pen with an eyedropper. In "safety" pens with retractable nibs, the ink is dripped into the opening that is left by the retracted nib (below, lower pen, L. E. Waterman safety, capped and posted). When self-fillers appeared, many manufacturers referred to eyedropper-filling pens as regular models to differentiate them from self-filling models. View filling instructions here. See also eyedropper, Jointless, middle joint, Rider.
Ezerite See Dubel-Servis.
The FTC's original 1945 ruling forbade "unconditional" warranties altogether if there was a fee. L. E. Waterman and Parker challenged the ruling, but Waterman withdrew its petition in 1946. Parker fought on, and the resulting 1948 court judgment softened the ruling as described here. (The prohibition remained on the use of the word "unconditional.")
The information in this Glossopedia is as accurate as possible, but you should not take it as absolutely authoritative or complete. If you have additions or corrections to this page, please consider sharing them with us to improve the accuracy of our information.
This complete Glossopedia is also available as The RichardsPens Guide to Fountain Pens, Volume 1, an ebook for your computer or mobile device.
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← 10 Day Water Challenge – Days 1 Through 5 – Half Way There!
Amen. This is something that makes me really angry when I see it happen. With the tipout system in most bars, waitstaff are paying money to serve people who tip badly.


Climb inside the 2019 Jeep Grand Cherokee. Top features include front dual zone air conditioning, leather upholstery, delay-off headlights, front and rear reading lights, a built-in garage door transmitter, a roof rack, rear wipers, and power front seats. In the event of a rollover collision, side curtain airbags provide additional protection for outboard seated passengers. Our team is professional, and we offer a no-pressure environment. We'd be happy to answer any questions that you may have. Call now to schedule a test drive.


Bergdahl's decision to plead guilty rather than face trial marks another twist in an eight-year drama that caused the nation to wrestle with difficult questions of loyalty, negotiating with hostage takers and America's commitment not to leave its troops behind. President Donald Trump has called Bergdahl a "no-good traitor" who "should have been executed."
Sentencing will start on Oct. 23, according to the individuals with knowledge of the case. They weren't authorized to discuss the case and demanded anonymity. During sentencing, U.S. troops who were seriously wounded searching for Bergdahl in Afghanistan are expected to testify, the individuals said.
Bergdahl's guilty plea will follow several pretrial rulings against him that had complicated his defense. Army Col. Jeffery R. Nance, the judge, decided in June that testimony from troops wounded as they searched for him would be allowed during sentencing, a decision that strengthened prosecutors' leverage to pursue stiffer punishment.
The defense separately argued Trump's scathing criticism unfairly swayed the case. The judge ruled otherwise. Nance wrote in February that Trump's comments were "disturbing and disappointing" but didn't constitute unlawful command influence by the soon-to-be commander in chief.
Bergdahl's lawyers also contended that misbehavior before the enemy, the more serious charge, was legally inappropriate and too severe. They were rebuffed again. The judge said a soldier who leaves his post alone and without authorization should know he could face punishment. The misbehavior charge has rarely been used in recent decades, though there were hundreds of cases during World War II.
Defense attorneys don't dispute that Bergdahl walked off his base without authorization. Bergdahl himself told a general during a preliminary investigation that he left intending to cause alarm and draw attention to what he saw as problems with his unit. An Army Sanity Board Evaluation concluded he suffered from schizotypal personality disorder.


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Food, Borders and Belonging – The Detroit Issue
Life After Maria: Puerto Rico, Climate Change and Migration
Immigrants, Food and America's Culture Wars
Is it Safe Here? Redefining Sanctuary in the Trump Era
Democracy from the Ground Up: Young Immigrants and the 2016 Election
Sustainable Traditions: Immigrants in Today's Food Culture
United By Faith
Coming to the Table
Redefining the American Dream
Call for stories
Radio + Podcasts
Immigration Lab
Food in 2 Worlds
Detroit Food Journalism Fellows
Letter from From Executive Producer, John Rudolph: Whose Farm to Whose Table?
November 23, 2015	/ no comments	/	1994 views
Photo: John Rudoph
Do you read cereal boxes? I do. Always have. Ever since I was a kid I've been fascinated by the way the way words and images on the box describe, and sometimes embellish, the food inside. "Delicious," "nutritious," "100% natural," these terms create a narrative that — like it or not — adds to my enjoyment of my morning bowl of Shredded Wheat.
A different set of words have become popular in describing dishes on restaurant menus and products sold at farmers markets and specialty food stores. Artisanal, sustainable, farm-to-table, healthy, local – to many people these terms evoke a network of farmers and food-makers who produce on a small scale, and have a direct relationship with their customers.
But in immigrant communities the meaning can be something altogether different. For example, Tania Lopez who teaches kids in her native South Bronx how to cook healthy Latino food told Fi2W that the word "local" means whatever food is sold in the neighborhood, including fast food.
In our second annual Feet in 2 Worlds online food magazine we examine today's food culture through the eyes, experiences and taste buds of immigrant farmers, food makers, and food educators.
From a close-knit group of Mexican cooks and chefs who run the kitchen at a high-end restaurant in North Carolina to a pioneering African-born farmer in New Jersey, we invite you to consider what today's food culture looks like when seen through an immigrant lens. In this context sustainability is not just about preserving the environment. For Caribbean immigrants in Miami keeping a goat in the backyard is also about sustaining their island culture and surviving on scarce resources. And for Michael Obadina, a college student from New York City and the son of a Nigerian-born nutritionist, none of these terms adequately describe his mom's jollof rice. To him it's just his favorite dish.
My thanks to editors Anne Noyes Saini and Von Diaz for putting together such a compelling collection of stories, and to the entire Feet in 2 Worlds team – Keira Heu-Jwyn Chang, Rachael Bongiorno, Jocelyn Gonzales, Kathy Gunst, Rachel Stevens and Anya Prokhorkina.
There is a wide variety of audio and video pieces to explore, as well as in-depth written stories from immigrant communities around the nation. We hope you enjoy our online magazine and please send us your comments and ideas for future issues.
Fi2W is supported by the David and Katherine Moore Family Foundation, the Ralph E. Odgen Foundation, the Nicholas B. Ottaway Foundation, an anonymous donor and readers like you.
About John Rudolph
John Rudolph, Executive Producer, is a journalist with more than 40 years experience as a public radio program host and producer of documentaries, podcasts and news reports. John produced the award-winning documentary Feet in Two Worlds: Immigrants in a Global City, which was the debut for the Feet in 2 Worlds project. John teaches journalism at The New School, where Fi2W is based.
View all posts by John Rudolph →
Reclaiming the Taste of Home
Ellinor Speaks Three Languages and She's Not Even 3 Years Old! – The Fi2W Podcast
For African Cooks One New Jersey Farmer Has What They Need
What Mexican Chefs Cook at Home: La Comida de los Cocineros
Jambalaya and Jollof Rice: 2 Dishes and the Histor...
Support the 2020 Election Fellowship Program
Something About It Represents Home – The Fi2...
If I Don't Call Myself Brown, What Do I Call...
Diving Into Detroit's African Food Scene
© 2016 Feet in 2 Worlds


Click to download the prayer guide!
While Christians and Muslims share some common beliefs, there are many major theological divides and relational barriers which can make Muslim ministry an incredibly difficult task.
For example, both groups believe in one all-powerful God who created everything in the heavens and the earth, but Muslims argue that the Christian doctrine of the Trinity is a belief in three separate gods and therefore reject it as polytheism. Along similar lines Muslims believe that Jesus was a real man, a holy prophet who never sinned and spoke only truth. But they reject him as the Son of God, arguing that it is not possible for God to take human form and die a criminal's death.
The concept of sin, and therefore the need for salvation, is also foreign to Muslims. In Islam, a follower's eternal destiny is determined by doing enough good works to outweigh their bad deeds. However, many Muslims live in fear that their good deeds will not be enough to get them into paradise because on judgment day Allah may change his mind and still send 'good' people to eternal punishment if he so chooses.
Finally, there are significant repercussions of leaving Islam. Muslims who decide to follow Jesus are often excommunicated from their family and relational network, ostracized and hated for their abandonment of the faith, and frequently lose their jobs and livelihood. The path of following Jesus in countries where Islam is the official religion is even more dangerous.
These are not easy barriers to overcome.
There is good news though! God is on the move, breaking down these barriers through his power to change hearts and open the eyes of the blind. Thousands upon thousands of Muslims each year are experiencing dreams and visions of the risen Messiah and Savior, Jesus. Countless numbers of these men and women are seeking the truth earnestly and finally finding the One who can give them peace, purpose, and hope for the future.
We believe that God's desire is for all people, regardless of ethnic heritage or religious worldview, to embrace Jesus Christ as Savior and King. For this reason, we invite you to join us for the next 30 days of prayer for the Muslim world.


Kathy and I have a simple formula for realizing our dreams. It works really well as we pursue our vision of living a "home free" life of world travel. We used this formula for realizing our current dream of spending a year traveling the U.S.A. visiting national parks, African American historical sites and other spots of interest.
The first step is gratitude. We give thanks to the Universe and to all the ancestors, angels, bodhisattvas, Gods and Goddesses for the abundance in our lives. This practice centers and grounds us in a place of openers and trust.
Next comes intention setting. For us this involves lots of talking, prayer and meditation. We finally came to the clear intention of buying a used RV and traveling North America for a year or so.
The next step is crucial. ACTION! Having formed the intention we began to move towards it. We (Kathy especially) did lots of research while we were still in Asia. What kind of RV? How to buy a used RV? How to live full time in an RV? We budgeted, planned, watched videos and read lots of articles and blogs. We waffled between class A or C, we debated about length, year, models and mileage. By the time we boarded the plane to come home, we had decided to trust the Universe to lead us to the RV that would be right for us.
And It did! We landed in Atlanta, Georgia and began our search. We looked at many RVs. Some were too small, some too big. Many were out of our price range. A few were poorly cared for. We found "Winnie" in Mobile, Alabama. I knew it was ours when the beautiful and brown teenaged boy came out to show her to us. Our 1994 Minnie Winnie DL model Winnebago is clean, well cared for and has low mileage. It's an oldie but a goodie, perfect for us. Right now it's at the mechanic's where they are getting it road ready.
We can't wait to take Winnie out on the road and to share more adventures with you!
How about you? How do you realize your dreams? Also, we'd love to hear your suggestions of spots to visit this year and please follow us and let us know if we are in your area. We'd love to see you.
Next postBOLT ❤ MONTGOMERY, BUT It's Still Alabama!
Exxxxxxcellent blog on how you arrived at your decsion to RV across the U.S. for the next year. Gratitude, Intention & Action; I love it! We are currently in the process of putting into practice some things that are similar.
Who knows, if we haven't launched out into the deep by the time you set out on your trip, maybe we can break bread together if you happen to make your way to VA. ~ God Speed Ladies!
Out to the deep? We would love to spend time with you, either soon or a bit later. Thank you for your kind words. Running over to read up on your plans. Be well.
Gratitude and faith. But you know all about that. Be well.
We thank you for the invitation and would enjoy seeing you when we are near. Winter is coming so we will be far south for the next few months. Thanks for following us. Let's stay in touch. Be well.
Very nice! And Winnie looks amazing! Enjoy yourselves ladies and keep us posted on all of your experiences and adventures!


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Uncategorized Harf Wins in Twin Cities
Harf Wins in Twin Cities
Danny Harf beat Rusty Malinoski in the finals of the MasterCraft Pro Wakeboard Tour today in Shoreview, MN to win his first tour stop of the year. Harf, seeded #3 in the contest, beat the #1 seed Andrew Adkison in semis before knocking off Malinoski.
Harf, from Orlando, Florida, is a perennial winner on the pro circuit. Last year, he won stops in Portland and Ft. Worth. Despite the loss, Adkison remains the leader on the season points chase for the Indmar Performance Award.
Local rider Keith Lidberg's surprise run at a title in his hometown took him all the way to the round of 8. Lidberg, a Twin City native and Coon Rapids High graduate, pulled off another upset today beating #10 seeded Derek Grasman before falling to eventual champion Harf. Lidberg, a 15th seed had upset # 2 seeded Tino Santori yesterday.
Lidberg's success in Shoreview was by far the best performance ever for the young rider at a Pro Tour stop. He has been on the tour since 2003, but his success here in his own "home" waters should boost his confidence for future contests.
The next stop on the Pro Tour is Kelowna, British Colombia, Canada, July 7-9. The only tour stop outside the U.S. will take place at Waterfront Park in Kelowna.
MasterCraft is the exclusive towboat for the Pro Tour as it has been since the Tour's wakeboarding events began in 1992. Indmar Marine Engines provides the power for MasterCraft's line of competition towboats, the X Series.
The MasterCraft Pro Wakeboard Tour is a five-event circuit organized by World Sports & Marketing of Orlando, Florida. The Pro Tour has the support of the following: Verizon Wireless, U.S Air Force, Circuit City, Rip It Energy Fuel, Sea Doo watercraft, Billabong, Hyperlite Wakeboards, Perfect Pass, Infinity Marine Audio, Liquid Force, Gator Boards, CWB, J-Star, Oakley, Reef, Epiphone Guitars, Wakeworld.com, Wakeboarder.com, and One Percent Design.
Rip It energy fuel is the exclusive sponsor of the JX Series, the proving ground for amateur male riders 18-under. WakeBoarding, published by World Publications, is the official magazine of the Pro Wakeboard Tour. WakeBoarding magazine is the definitive source on all things wakeboarding, with expert coverage of professional instruction, gear, boats and the latest news.
Pro Men Finals
1. Danny Harf (3)
2. Rusty Malinoski (6)
Pro Wakeskate Finals
1. Brian Grubb
2. George Daniels
Junior Men Finals
1. Jimmy Lariche (USA) – 69.11
2. Adam Errington (USA) – 63.33
3. Danny Thollander (USA) – 52.89
4. Kyle Alberts (USA) – 50.56
5. Ryan Anderson (USA) – 38.78
6. Brett Lee (USA) – 35.33
7. Bryan Hutton (USA) – 21.67
8. Rhett Whatley (USA) – 15.00
Pro Men Semifinals (winners advance to Finals)
2. Andrew Adkison (1)
2. JD Webb (1)
Pro Wakeskate Semifinals
Heat #1
1. George Daniels (USA) – 75.67
2. Ben Kaiser (USA) – 70.00
3. Brandon Thomas (USA) – 69.33
4. Drew McGuckin (USA) – 65.00
1. Brian Grubb (USA) – 73.33
2. Ryan Doyle (CAN) – 56.33
3. Kyle Hyams (USA) – 50.00
4. Matthew Manzari – 6.67
Pro Men Round of 8 (winners advance to Semifinals)
1. Andreww Adkison (1) – 100
2. Brett Eisenhauer (5) – 90
1. Danny Harf (3) – 100
2. Keith Lidberg (15) – 90
1. JD Webb (1) – 97.5
2. Jeff Weatherall (4) – 92.5
1. Rusty Malinoski (6) – 100
2. Daniel Watkins (2) – 90
Pro Men Round of 16 (winners advance to Round of 8)
1. Andrew Adkison (1) – 100
2. Philip Soven (8) – 90
1. Brett Eisenhauer (5) – 100
2. Shane Bonifay (4) – 90
2. Trevor Hansen (6) – 90
2. Derek Grasman (10) – 93
2. Shaun Murray (8) – 92.5
2. Chad Sharpe (5) – 94.5
1. Rusty Malinoski (6) – 97.5
2. Erik Ruck (3) – 92.5
1. Daniel Watkins (2) – 100
2. Corey Bradley (10) – 90


I use photography to capture images I want to save. Initially, I used photos as reference for paintings or to record work that I have done. Since 2001, when I went to RCC to earn a graphic design degree and learned Photoshop, photography has taken on a more prominent role in my art. From digital paintings to combining photos to tell a story, I use photography daily in my work. I also restore old damaged photos and do weddings and group events when my schedule allows.


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HomeBlogFeaturedFirst Baby Beluga Rescued by the U.S. Doing...
First Baby Beluga Rescued by the U.S. Doing Better but Not Out of the Woods Yet
by Cathy July 8, 2012 in Featured, Marinelife, Wildlife 256
While examining a bald eagle, two Alaskan fishermen happened upon something sleek and gray in the Bristol Bay surf. It was faintly clicking and whistling and seemed to be disoriented. At first, it swam away, but soon circled back to shore. Upon spotting it again, the fisherman contacted just the right person. Before long, marine specialists had arrived.
The Alaska SeaLife Center, a research and rehabilitation organization for sea animals, answered the call. When they arrived, they worked to stabilize the shiny gray mass – a baby beluga whale – then placed it on an air mattress with wet towels draped over him and airlifted him away.
"It was a nail-biting hour and a half," SeaLife President and Chief Executive Tara Riemer Jones said. "They thought they lost him a couple of times."
But they didn't. While dehydrated, hypoglycemic and underweight when checked into the pool, he managed to survive his June 18th rescue. Now, according to his handlers, he's recuperating very well; so well, in fact, that they're calling him "a fighter." And he's definitely living up to that title.
The five-foot calf has now reached a wonderful weight of 115 pounds. He gives off some tentative whistles and clicks through his blowhole. He darts and swims through the pool with his handlers while awake, nuzzling them with his nose that seems to be stretched into a smile. Still, Jones cautions that this little guy still has a long way to go.
"Just like a baby in the NICU, it can go either way," Jones said. "He's on the path, but not out of the woods."
Because of the rarity, specialists from all over the country have flown in to help with his recovery. He continues to need round-the-clock feeding and monitoring. They also work to keep him entertained with various pool toys. As of right now, it's estimated that his care costs more than $2,000 per day. And while that cost may decrease with time, he will continue to live out the rest of his life in captivity because he is, according to the National Fishery Service, non-releasable.
Baby belugas generally spend the first two years of life with their mothers. It is during this time that babies learn how to survive in the wile. Additionally, they receive essential antibodies from their mother's milk during the early stages of life. Without it, they do not have an immune system strong enough to sustain life in the wild.
Jones believes that this newborn baby beluga was separated from his mother just after birth during a fierce windstorm off the southwestern Alaska coast. As a result, he probably never drank his mother's milk. As a result, he has little to no protection against disease. Additionally, he will never learn the life skills needed to survive in the ocean.
Eventually, if he makes a full recovery, he will be transferred to one of the six aquariums in the country with beluga populations. Perhaps he'll be sent to one that has a younger whale buddy for him to frolic with. Or maybe they'll find one that has a potential "motherly" whale who can take him under her fin until he's old enough for adventures in the aquarium on his own. Either way, the handlers say they're not naming him until he finds a new home. At that point, they know he'll survive.
"We get attached to these little guys," Bill Winhall, SeaWorld mammal curator who came and helped with the little whale for two weeks said. "When he swims by and rubs you, or when I rub him down, it reminds me of rubbing down my own dog. You know that feeling. 'Good dog. Good dog.' You can't help but love them."
Winhall also played a pretty big part in the little beluga's recovery. Two years ago, he helped hand-raise a female beluga, Pearl, at SeaWorld when her mother, Ruby, rejected her. Special techniques and formulas that helped raise Pearl were also helped to save the rescue beluga.
Tags: Alaska, animal rescue, baby beluga, beluga whale, SeaWorld
Atlantic Grey whale, Georgia


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The die was cast for Quincy Medical Center in 2011
I wish I could say that it was unexpected, but the current story around the closing of Quincy Medical Center in Massachusetts, after its purchase by a private equity company several years ago, was so predictable. Short version: The Attorney General is powerless in making the company stand by its original promises. She can "offer to negotiate" and other elected officials can bluster all they want, but the closure is done.
Here's the original prediction:
So your private equity firm offers to buy the property, making promises to regulators and stakeholders in the community. Few objections are raised and the deal is approved. The private equity firm, new to health care, gives an unprecedented level of authority and autonomy to the CEO. He rewards your confidence by executing the key elements of the business plan. Assets are sold for short term gain, with little concern for the downstream costs: After all, the hospital properties will be flipped in a few years anyway. The hospital system's laboratories are sold to a private laboratory service company, in return for a long-term contract to use that company. Real estate is sold and leased back. The system agrees to a front-end-loaded risk-based reimbursement contract with the largest private insurer, one that calls for substantial reductions from the trend of medical expenses in future years. Physician practices in the community are purchased at above-market prices to create an increased flow of referral business to the hospitals.
But then the money falters. Revenues take a tumble and days in accounts receivable grow during an extended transition to a new centralized billing system that was designed to take the place of the billing systems run by each hospital. The risk contract with the insurer starts to limit annual price increases. Medicare and Medicaid rates are constrained by the federal and state government. Top line revenues fall, EBIDTA falls, cash flow falls. Finally, the private equity partners are nervous.
They turn off the spigot and impose cash constraints on the system. Normal maintenance of building systems is deferred. Medical equipment expenses, too, are kept to a minimum.
The only place to save money is on staffing. He must make dramatic cuts in the upper management levels but will also be forced to make other cuts in the clinical support and lower administrative staff. Band-aid capital spending will be permitted when unsafe conditions exist, but the hospitals will start to fall behind on upgrades of important medical equipment and devices. He will be in a race against the clock. Can he hold it together long enough to permit the investors to get a return in the flip? Finally, he will realize that closing one of the hospitals has to be part of the answer. Investors will be relieved when he does so, but the community and governmental constituencies that supported the initial acquisition will get worried.
[It] would be around this time that regulators would begin to understand that the corporate guarantees that might stand behind the private equity firm's acquisition of the hospital system are a nullity. The owners' resources are legally separated from those of the hospital system. It would take years of litigation to pierce that corporate veil. Thus, the commitments that have been made to the governmental and private constituents in the community are supported solely by the financial resources of the hospital system itself. But that hospital system faces high debt service costs and obligations, other long-term cost commitments, and increasingly difficult revenue restrictions.
Posted by Paul Levy at 11/19/2014 03:30:00 PM
nonlocal MD said...
It would seem to be a good thing that your AG lost her bid for governor, as she does not seem able to see beyond the end of her nose. One hopes the Partners agreement, should it be approved, doesn't wind up with similar powerlessness on the part of the government, after having given up so much.
Brad F said...
"It would take years of litigation to pierce that corporate veil."
In this case, whats behind the corporate veil we cant see now? What would an investigation uncover? On record malfeasance, ie, this was the intended outcome?
Paul Levy said...
I mean piercing it to try to use other money from the private equity firm to support the hospitals.
Not an investigation.
Barry Carol said...
While I agree with everything you wrote and the Quincy closure will further enhance the market power of the remaining hospitals, especially the Partners hospitals, I'm interested in your opinion about whether or not the removal of these beds from the regional supply will, at the end of the day, reduce the number of hospital inpatient bed days across the region along with aggregate healthcare costs vs. what they would have otherwise been if Quincy were able to survive. In other words, were there too many hospital beds in the Boston region before this announcement?
why did Quincy Med Center shut down now?
Steward has invested substantially in it [press reports state $100 million], and Steward was planning more investment for a birth center
Radius closed because at least partially because South Shore hospital directed its rehab patients elsewhere. [Radius had a satellite in QMC, which paid rent and brought patients] Maybe under prodding from Partners?
Beth Israel Deaconess and Atrius (in the form of Granite Medical) directed more of their in in patient traffic to BID Milton and South Shore Hospital.
QMC was largest low cost alternative to South Shore Hospital on the route 3 belt.
Now South Shore Hospital has an effective monopoly between Carney and Jordan on the route 3 belt and substantial part of the South Shore.
And this will likely be controlled by Partners.
Not sure what is happening. But the trajectory doesn't appear to be good for health care costs and competition in this region.
I think the other bargaining chip Steward has in the game is to threaten the state with closing other facilities or walking away from the entire system which would leave it in the state's hands. That would be a nightmare for the state in terms of job losses in the tens of thousands. I'm sure they're telling the AG that Carney could be next if they don't come to some settlement on Quincy. If they can't close Quincy they will have to make cuts elsewhere at hospitals that don't have contractual language to force them to keep a site open. Carney would be first up followed by Holy Family and Morton. They are going to cut costs so if not at Quincy then where? This is the old playbook by Cerberus.... buy something, sell off assets, load it up with debt, cut expenses where possible and then dump it. This will end very badly and as Paul has said in the past people will be asking "where did all the money go?".
Paul, you do remember that Quincy filed Ch 11 in 2011. I think maybe Prem Reddy's FP chain may have been bidding for it too, but seriously?! And how would it have stayed in operation without either suitor? I do not believe PHS was even interested
retired doc said...
Paul, Good job shining a light on the Steward mess. Time for the AG to shut them down and divide up the hospitals they have disemboweled before they flip the mess, take the last drops of blood and profit out and move on to ruin things somewhere else. Number of beds needed is indeed smaller, but care in the community and ERs remain essential. The Big Bostons could equitably divide the present hospitals in the Steward chain and save everyone more misery. There are enough teaching hospital in Boston----St. E's is no longer good enough.
Well now, the AG could substantially improve her sellout to Partners if she added a requirement that they take on and run one or more of the failing community hospitals from Steward - now there would be a public service and with their huge $$ stash they could easily afford it.
(Said only partially with tongue in cheek - this just might work.)
Steward would not give up any turf without a big payout or promise of a payout to the company and their execs who are just waiting for such a big hit. Carney is a mess and should be closed----there are already more than enough beds in hospitals providing better care in Boston. For now, there do remain a few hospitals in the Steward chain which might be salvaged. Steward specializes in broken promises---the AG should hold their feet to the fire until they either man up and behave like reasonable business people and a decent healthcare system, or expire quietly and get out of they way for folks who know how and will do what they promise.
Only two small community hospitals lefts in Boston
Faulkner - which is Partners.
All other acute care beds in Boston are at Academic Medical Centers.
Most of which are Partners - and therefore very highly priced.
Partners should be allowed to run Quincy Med instead of South Shore.
South Shore has put Quincy out of business. Partners wants a community hospital south of Boston it should be Quincy Med NOT south shore hospital.
Carney will come back. There is a new Family Medicine Residency that will, over time, bring more doctors into the Dorchester community affiliated with Carney.
If Steward can't make a go of QMC and Partners wants a community hospital south of Boston that should be the option available to Partners. But with the proviso that Quincy Med has to negotiate its own contracts in perpetuity. No bundling with others Partners hospitals.
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