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apprehension that permeates now was in place back then. Jerry West was no longer around and Dr. Jerry Buss was entrusting son Jim with more and more responsibility in the basketball office.

Without O’Neal, the Lakers plummeted to the lottery for the first time in more than a decade — and only the second time in club history — and three seasons came and went without a legitimate playoff run.

Meanwhile, the unknown dynamic of Jim Buss and Kupchak overseeing a major reclamation project left many fans worried the Lakers were headed straight for the side of a mountain.

That didn’t happen, of course. The Lakers transitioned beautifully from the O’Neal/Bryant era to the Bryant/Gasol run.

And while Dr. Buss was part of the equation, it was Kupchak and Jim Buss doingPaludomidae include:

Paludominae
 Paludomus Swainson, 1840 - type genus of the family Paludomidae

Cleopatrinae
 Cleopatra Troschel, 1857 - type genus of the subfamily Cleopatrinae

Hauttecoeuriinae

tribe Hauttecoeuriini
 Tanganyicia Crosse, 1881 - synonym: Hauttecoeuria Bourguignat, 1885

tribe Nassopsini
 Lavigeria Bourguignat, 1888
 Nassopsis E. A. Smith, 1890 - type genus of the tribe Nassopsini

tribe Rumellini
 Rumella Bourguignat, 1885 - type genus of the tribe Rumellini

tribe Spekiini
 Bridouxia Bourguignat, 1885
 Reymondia Bourguignat, 1885
 Spekia Bourguignat, 1879 - type genus of the tribe Spekiini

tribe Syrnolopsini
 Syrnolopsis E. A. Smith, 1880 - type genus of the tribe Syrnolopsini

tribe Tiphobiini
 Bathanalia Moore, 1898
 Chytra Moore, 1898 - with the only species Chytra kirki (E. A. Smith, 1880)
 Limnotrochus Smith, 1880 - with the only species Limnotrochus thomsoni Smith, 1880
 Mysorelloides Leloup, 1953 - with the only species Mysorelloides multisulcata


The dispute arises out of the purchase and subsequent operation of a section of the Rock Island railroad by the defendant Saint Louis Southwestern Railway Company. Plaintiffs are a class of former Rock Island trainmen and all are members of the defendant Union. Plaintiffs contend they did not receive the jobs or benefits they were entitled to under a 1980 labor protective agreement. The 1980 agreement was a generic labor agreement applicable to all sales of portions of the bankrupt Rock Island. Plaintiffs assert that a 1982 agreement between the Saint Louis Southwest and the defendant Union abrogated the earlier agreement. Under the 1982 agreement, defendants allegedly reduced the number of plaintiffs the railroad had to employ, decreasing its operating costs, and switched the jobs from the plaintiffs,Company ("SPT"). SPT owns approximately 99% of defendant St. Louis Southwestern Railroad Company ("SSW"). SSW Findings of Fact ("FF") at ถ 1.
SPT, also known generally as "Southern Pacific," operates railroad lines from Utah westward through Nevada and Oregon, southward through California and eastward into Arizona, New Mexico, Texas and Louisiana. Id. at 8. SSW, also known as the "Cotton Belt," has operated and continues to operate a line from St. Louis through Pine Bluff, Arkansas to Corsicana, Texas and then to El Paso where it intersects with an SPT line. The Texas to St. Louis route is known as the "Corsicana Line." Id. As described in section C, SSW began to operate over and eventually purchased the Rock Island's Tucumcari line in 1980.
The Tucumcari line begins at an


SPT line in Santa Rosa, New Mexico and runs northeast through New Mexico to Dalhart, Texas, Pratt, Kansas, Herington, Kansas to Kansas City and then east to St. Louis. The Tucumcari Line and the Corsicana Line start in roughly the same place in the southwest and end in St. Louis but the Tucumcari is 400 miles shorter than the Corsicana. A map of the two routes and other relevant rail lines is attached as Appendix A, SSW Ex. 193. At sometime after the purchase of the Tucumcari Line, SSW renamed the two lines. The Corsicana Line became the Pine Bluff Division and the Tucumcari Line became the Kansas City Division.
SPT controls SSW. The court reaches this conclusion after examining the common officers and operations of the two companies.Officer of both applicants. ..." Pls. Ex. 122 at 1, 6. The headquarters for all three defendants is the Southern Pacific Building, One Market Plaza in San Francisco. 9 Huntington at 14, 36; 20 Koenig at 10-11; 23 Koenig at 63-64; Pls. Exs. 8B at 23 & 122 at 6. The San Francisco headquarters furnished various services for SSW-SPT: accounting services, 23 Koenig at 64, a common monthly employee publication, the Southern Pacific Bulletin, Pls. Exs. 8, 8A, 8D, 21A, 60, and labor relations advise and direction.
Defendant United Transportation Union ("UTU" or "Union") is an unincorporated labor organization, created pursuant to the Railway Labor Act. The UTU consists of an international union with headquarters in Cleveland, Ohio, and local chapters ("locals") at various points throughout the country. Pretrial


brakeman promoted to conductor starts accumulating conductor's seniority when promoted and also continues to accumulate brakeman's seniority. A conductor is eligible to obtain either a conductor's job or a brakeman's job. 5 Swonger at 40; 8 Blackburn at 99; 20 Koenig at 48. An extra board is also maintained for conductors. 15 Donahue at 9; 16 Volkman at 124.
A railroad would not assign brakemen or conductors working on through trains to a particular train; instead, they were assigned to a "pool" or a "turn." A pool on the Tucumcari Line consisted of an engineer, two brakemen and a conductor. The pools would work trains as they came through a terminal. 5 Swonger at 40; 10 Huntington at 114-15; 8 Jones at 33. The number of pools equaled thethe Tucumcari Line. The home terminals for these seniority districts were located at Eldon, Missouri; Herington, Kansas; Pratt, Kansas; and Dalhart, Texas. The brakemen from Eldon worked the traffic between Eldon and St. Louis and Eldon and Kansas City; the brakemen at Herington worked the traffic from Herington to Kansas City and Herington to Pratt; the brakemen at Pratt worked the traffic between Pratt and Herington to the east, and from Pratt to Liberal to the west; and the brakemen from Dalhart worked the traffic from Dalhart to Liberal to the east, and Dalhart to Tucumcari, New Mexico to the west. 5 Swonger at 47-48; 6 Swonger at 39-43; SSW Ex. 193 reproduced at App. A.
Seniority was not transferable from one district to another district. When a brakeman


method of combining rosters from different carriers is to "endtail" the rosters. In an endtail, the roster of the acquired carrier is placed at the end of the roster of the acquiring carrier.
To combine crafts, a method often used is to "top and bottom" the rosters for each craft. When two rosters are topped and bottomed, one roster is placed at the bottom of another roster for work in one craft, and the process is reversed for the other craft. If brakemen's and yardmen's seniority rosters are topped and bottomed, the yardmen's seniority roster is put at the bottom of the brakemen's seniority roster for the allocation of brakemen's work; the brakemen's seniority roster is placed at the bottom of the yardmen's seniority roster for the allocation ofSPT-SSW filed a petition with the Interstate Commerce Commission ("ICC") in December 1978 to purchase the Tucumcari line. The financial health of the Rock Island continued to decline. The Federal Railroad Administration inspected and then placed severe speed and traffic limitations on the Line between Kansas City and St. Louis in July 1979 because of the poor condition of the track. SSWโPurchaseโRock Island, 363 ICC 320, 344 (June 6, 1980) (Finance Docket 28,799); Pls. Ex. 2. Rock Island employees went out on strike in August 1979.
With the strike continuing, SSW sought temporary authority from the ICC in September 1979 to operate the Tucumcari Line. Pls. Ex. 3A at 3. The Commission first ordered a directed rail carrier, the Kansas City Terminal, to operate the Tucumcari Line on a


subsidized basis. K.C. TerminalโDirected to Operate Over Rock Island RR., 360 ICC 289, 290-91 (September 26, 1979). At the request of the Secretary of Transportation, the ICC later continued the subsidies granted to those railroads who temporarily operated portions of the Rock Island rail network until March 23, 1980. K.C. TerminalโDirected to Operate Over Rock Island RR., 360 ICC 478 (November 30, 1979).
The ICC then gave SSW temporary authority to operate the Tucumcari Line on December 6, 1979. SSWโTemporary AuthorityโRock Island, 360 ICC 539. SSW declined to operate the Tucumcari Line on the terms provided by the ICC and moved to modify the initial order. SSW received a partial victory from the ICC in its January 28, 1980 supplemental order. SSWโTemporary AuthorityโRock Island, 360 ICC 686. On January25, 1980, the bankruptcy court rejected the Trustee's plan for reorganization of the Rock Island. The bankruptcy court recommended the Trustee begin liquidation in early March. In re Rock Island, No. 75 B 2697, Order No. 232, (N.D.Ill.1980).
Prior to and after the bankruptcy court's ruling, the federal government sought to work out a solution to the rail crisis. The Federal Railway Administration brought together labor leaders and interested purchasers of portions of the Rock Island and the Milwaukee Railroad [a second major railroad in bankruptcy proceedings]. They met to negotiate the labor protection obligations a purchasing railroad would owe the employees of either bankrupt railroad if a railroad purchased a portion of a bankrupt railroad. The negotiations resulted in an agreement signed on March 4, 1980. The March


Koenig at 20-21.
The ICC's other important findings concerned the Kansas City to St. Louis segment of the Tucumcari Line. The segment was inoperable in 1980 and precluded the Tucumcari Line from fully participating in *1291 transcontinental traffic. 363 ICC at 344. The ICC first emphasized the importance to SSW of reaching St. Louis:
St. Louis is a key point for transcontinental traffic. No individual rail carrier serves points on both coasts. As a result, eastern carriers interchange with western and midwestern carriers at several midwestern gateways. Chicago and St. Louis are the two principal gateways for east-west traffic. While Kansas City is served by most of the midwestern and western carriers, the only eastern carrier with access into Kansas City is N & W. By contrast, at St. Louisthe existence of the CP conditions, the decline of the RI and its Tucumcari line, and the circuity of the Corsicana route. The CP conditions bind SPT to solicit preferentially for the Ogden [Utah] gateway all traffic moving between points in CP territory. Existing CP territory can briefly be described as, on the west, points in southern Oregon and California north of Los Angeles, and, on the east, point in the Midwest as far east as Buffalo, Pittsburgh, and Wheeling, WV. For all traffic which SPT solicits moving between these points, it must preferentially solicit Ogden, which is its short haul [where SP traffic interchanges with the Union Pacific].
While SSW can solicit its Corsicana route in CP territory, the circuity of the route makes it less attractive than


SP will have an excellent long haul to compete with UP and ATSF. Its routes to and from Chicago, Kansas City and St. Louis will be time competitive. Additionally, its ability to connect with eastern carriers at St. Louis via a route 400 miles shorter than the Corsicana should enable it to capture a good deal of the southern California market for its long haul.
363 ICC at 347-48.
Finally, the Commission ruled it wanted SSW to substitute trackage rights for the Kansas City to St. Louis segment. The Commission reasoned:
The RI St. Louis/Kansas City segment is no longer essential for local shippers. There has not been any service on that segment since directed service began because of its poor physical condition. There is no evidence that local shippers requireprovide benefits to Milwaukee employees in November 1979. Milwaukee Railroad Restructuring Act, 45 U.S.C. งง 901-922. The legislation provided for the "first right of hire" for furloughed Milwaukee employees with any railroad. 45 U.S.C. ง 907. The benefit to unemployed Milwaukee workers was not as great as one would think. A railroad hired *1293 new employees only after it recalled its own furloughed employees. Id. Milwaukee employees did have preference over unemployed workers of other railroads and people off the street. Id.
With the Milwaukee and Rock Island in bankruptcy, the Federal Railroad Administration ("FRA") sought a settlement of the situation. The FRA had two goals: it wanted to prevent the elimination of rail service to the many areas of the country served by the two railroads; it also


sought to ensure the subsequent hiring of many Rock Island and Milwaukee employees to prevent a drain on the federal treasury. 11 Egbers at 31-32, 44-47; 12 Egbers at 14; 28 Hardin at 101. The FRA convened a meeting in late January 1980 of railroads interested in purchasing parts of either bankrupt railroad and labor representatives from the crafts employed by the Rock Island and Milwaukee. The initial meeting was fruitful and the parties agreed to meet in Miami on February 11.
The railroads' objective in negotiating with labor was to reach a low cost labor protective agreement before purchasing pieces of the bankrupt railroads. If a purchasing railroad had an agreement in hand, it could accurately determine what its labor costs would be on the new line. Ofcourse, the railroads also wanted to keep the labor costs of any agreement low. Thus, they adamantly opposed an imposition of New York Dock conditions because of the required six years of compensation payments to workers of the purchased line. New York Dock was simply too expensive. New York Dock conditions prevented a railroad from commencing operations without an implementing agreement.
The railroads also sought to hold down labor costs by employing their own furloughed men on the line they purchased. The railroads best scenario was to employ furloughed men on their new line instead of hiring employees of the purchased line and continuing furlough payments to their old employees. 11 Egbers at 33-34, 37-38, 52-53; 12 Egbers at 13-15. For example, during the March 4 agreement negotiations, William


Denton, SSW-SPT labor official, wanted to activate his furloughed men and then hire Rock Island employees for the remaining positions on the Tucumcari Line. 11 Egbers at 52-53 (February 1, 1980).
Labor wanted the converse: it wanted the railroads to hire as many Rock Island and Milwaukee employees as possible and for those not employed by a purchasing carrier to receive some sort of protective pay. 29 Hardin at 22-23; 12 Egbers at 14; See UTU Ex. 219gg at 1. The chief spokesman for the railroad unions was Bill Mahoney, an attorney for the Railway Labor Executives' Association. 11 Egbers at 29.
The meeting in Miami in early February resulted in an agreement on 13 major principles, sometimes referred to as the "Miami Accord." 11 Egbers at 55. The negotiatorslarge number of applicants from a bankrupt carrier, "(t)he applicant's seniority in the appropriate craft and seniority district on the bankrupt carrier will prevail if the number of qualified applicants exceeds the carrier's determined need for additional employees." Art. II, ง 4.
Section five states the length of the hiring procedures of Article II. The parties agreed on the final language on the second draft: "The procedures established in this Article shall continue in full force and effect for not less than one year from the effective date from the commencement of operations or as otherwise provided for by law, but in no event beyond April 1, 1984." Art. II, ง 5. The first draft was more limited; it stated: "The procedures established in this Article shall continue in


the March 4 agreement that it understood the first right of hire provisions of the March 4 agreement extended first to the seniority roster at the location where the additional manpower was needed, then to the rest of the rosters on the line in that craft. Other Rock Island employees received preference under RITEA.

b. Duration of the March 4 Agreement
The trial testimony and current claims of both defendants that the first right of hire provisions in งง 2 & 3 of Article II automatically expired on March 4, 1981, under ง 5, is also belied by their earlier actions and statements. Numerous SSW or railroad officials recognized that the March 4 provisions extended until April 1, 1984. Peifer, in his January 1981 memo on hiring under the Marchrelies heavily for its Art. II, ง 5 one year argument on the testimony of Al Egbers, a Burlington Northern official. Burlington Northern, in an arbitration concerning the implementing agreement to cover a purchased segment of the Milwaukee railroad, recognized that the March 4 agreement extended until April 1, 1984. UTU 214C at 14, UTU and Burlington Northern Railroad Co., Arbitration Bd. No. 416 at 14. SSW's position on this issue is undercut by railroads' prior actions.
The UTU recognized the applicability of the preferential hiring provisions for a full four years. As detailed in section E. 3, infra, the representatives of the Rock Island employees and Pine Bluff Division employees met at Cleveland, Ohio in July 1981 to resolve competing positions. The implementing agreement UTU proposed at the


March 10, 1980, William Denton, SSW labor official, wrote to Hardin, UTU president. Denton stated SSW would inform Rock Island general chairman of manpower needs and hiring procedures (Art. I, ง 3 disclosure). Denton also requested UTU to inform SSW who would represent labor in the seniority allocation negotiations (Art. II, ง 3 procedure). Pls. Ex. 7. Two weeks later, Hardin advised SPT and SSW that "(t)he designated representatives of the United Transportation Union for Labor relations matters in connection with SSW's operation of the "Tucumcari Line" and/or other portions of the Rock Island system are as listed on attachment." Pls. Ex. 7A. The representatives designated on the attachment for SSW employees were George Perkins, UTU international vice president; and Robert Arnett, general chairman. Id. The designated Rockat 134-35; 18 Wade at 94-95. SSW hired temporary employees under a series of implementing agreements. The first agreement provided for hiring at a terminal in the following order: in seniority order from that terminal's roster and in seniority order from the remaining terminals on the Tucumcari Line. Pls. Ex. 9, October 3, 1980 agreement at ง 2. The parties amended the agreement to allow for the hiring of yardmen if the trainmen's rosters were insufficient to meet SSW's needs. Pls. Ex. 9, Cowan to Arnett, December 19, 1980. Some yardmen did work temporarily as brakemen. 17 Schneider at 17; 22 Koenig at 28. If neither the brakemen's rosters or the yardmen's roster were adequate for SSW's manpower requirements, the parties would meet to discuss the situation. Pls.


Ex. 9.
The parties maintained the same hiring priority system for roadmen in a subsequent agreement signed by Crago for the UTU. Pls. Ex. 9B, February 17, 1981 agreement at ง 7 and page 3. Crago continued to manage the situation of the temporary employees. Pls. Exs. 10C, 10A & 10B (Crago and Cowan correspondence on the terms and expiration of the rehabilitation agreements during May and June 1981).
As noted above, SSW hired former Rock Island brakemen and yardmen for "permanent jobs" to operate through freight trains from March 24, 1980 onward. UTU Exs. 229 & 229A to 2290. SSW and UTU considered the jobs permanent because they represented the manpower necessary to handle the number of trains usually operating over the Tucumcari Line. SSW's hiring for permanent positionsemployees not employed on the Tucumcari Line. Two other Rock Island lines went through Herington: one, a north-south line and the other ran west to Salina, Kansas and east to St. Joseph, Missouri. SSW acquired neither line nor hired Rock Island employees from either line.
SSW's hiring of Rock Island employees from a Tucumcari Line roster other than the one where the employee was needed is reinforced by the beneficial treatment given *1301 to out of district hires in a 1981 temporary operating agreement. Pls. Ex. 9A (February 17, 1981 agreement). First, those hired from another seniority district could lay off for 3 days after working 10 days, apparently to facilitate travel. Id. at ถ 2. Second, the agreement allowed a person who took a job outside his Rock


was 43 at Dalhart, 39 at Pratt and 20 at Herington. Pls. Exs. 10D (Cowan to Crago and Arnett, June 29, 1981) and 53 (Crago to Hardin, December 24, 1982, explaining employment levels in July 1981); 22 Koenig at 134-35. Some erosion of the permanent jobs may have begun in early 1982. SSW Ex. 153 (Cohan to Arnett with cc to Crago, January 25, 1982, concerning the loss of three permanent positions at Dalhart).
An exception to the hiring practices described above occurred in March 1980 when SSW took over operation of the Tucumcari Line. SSW hired three brakemen from the Rock Island's Amarillo, Texas roster, a non-Tucumcari Line roster, and a Rock Island fireman for Dalhart brakemen's jobs. 7 Swonger at 119-21, 128-30, 135-39; 13 Jones at 29-40,1980-82. Thus the court will develop in more detail the history of and negotiations relevant to the Missouri portion of the Tucumcari Line.
*1304 The Rock Island terminal between Kansas City and St. Louis was at Eldon, Missouri. 7 Miller at 7. The Tucumcari Line between Kansas City and St. Louis was in very poor condition after the late 1970's. 29 Hardin 75, Pls. Ex. 2, 363 ICC at 357. SSW tried to negotiate trackage rights for that segment of the Tucumcari Line while its application to purchase the entire Tucumcari Line was before the ICC. Pls. Ex. 2, 363 ICC at 357. If SSW had the western segment of the Tucumcari Line from Santa Rosa, New Mexico to Kansas City, it would need a connection to St. Louis.


Tucumcari Line in Missouri. The terminal for the line was at Jefferson City, Missouri, about 30 miles south of Eldon. SSW Ex. 193 at App. A. Both labor factions recognized that trackage rights between Kansas City and St. Louis and the trains SSW ran over MP track were due to the purchase of the Tucumcari Line. 31 Arnett 45-46; SSW Ex. 53 (Swonger to Hardin letter, November 30, 1982); Pls. Ex. 39A (UTU arbitration submission) at 3 (two ICC proceedings "intertwined").
Huntington and Arnett promised Crago and Eldon local chairman Dick Miller on several occasions in 1980 and 1981 that Rock Island employees from Eldon ("Eldon men") would have prior rights to jobs between Kansas City and St. Louis on any trackage rights SSW obtained. Crago, in a letternegotiation sessions does not diminish the force of his actions or his understanding of an agreement. He drove to Texas to protect the members of his local and returned only after finishing this task. Miller's testimony is buttressed by two letters he wrote to Hardin. Miller believed until late 1982 that Eldon men would work trackage rights jobs. He was shocked to discover the implementing agreement written by Arnett and Huntington totally excluded Eldon men from employment on the MP trackage rights. Pls. Exs. 32G (November 26, 1982) & 32F (January 1, 1983).
The claims of Miller and Crago are buttressed by several other points. First, Swonger, who attended the same negotiating sessions on the implementing agreement, corroborated the recollections of Miller and Crago. 5 Swonger at 78-82; 7


documentation supporting plaintiffs' testimony and the lack of credibility of defendants' witnesses. See section F. 4, infra.
The labor representatives always agreed on the jobs the Eldon men would fill. During negotiations at Cleveland, the leaders of both union factions agreed that the Eldon men should supply the manpower necessary to serve the number of trains on the line from New Mexico to Kansas City during 1981, if they had gone through to St. Louis. The 23 prior rights positions at Eldon reflects their best judgment of a level of employment comparable to that at the other three terminals. The labor representatives agreed the Eldon men should work 23 jobs when SSW connected the line from Kansas City to St. Louis regardless of how SSW reached St. Louis. 31Arnett at 22-23, 30, 31, 35; Pls. Ex. 21 (Crago to Hardin letter, January 3, 1983).

5. Post Cleveland Proposal Negotiations
After formulation of the Cleveland proposal, SSW and UTU representatives set the first implementing agreement session for mid-October. Howard Kenyon, a UTU vice president and the newest member of the Rock Island negotiating team cancelled the meeting because of other commitments. Pls. Exs. 15, 15A & 15B. Huntington, SSW's chief negotiator, sent out the next notice on November 12, 1981, announcing a meeting on January 4, 1982. Pls. Ex. 15C. Huntington sent the November 12 announcement to the entire labor contingent, both Rock Island representatives (Crago, Tambaro, Kenyon and Allamprese) and SSW representatives (Arnett and Alford). Id. Huntington and Arnett cancelled the January 4, 1982 meeting with a December


125-28, 29 Hardin at 59-63; 30 Arnett at 106, 109-15; Crago Depo. at 41-46, 49, 58-59; Pls. Ex. 17. Hardin then approved the implementing agreement and authorized Arnett to sign it by himself. 28 Hardin at 125-27; 29 Hardin at 68-74; 30 Arnett 108-09.
The exclusion of the Rock Island representatives by SSW and UTU continued for a second month, throughout late January and February. Arnett failed to tell Crago about the true state of negotiation on two occasions. In January 1982, Crago called Arnett to determine when the parties could meet again to work on the implementing agreement. Pls. Ex. 17 (confidential report from Crago to Hardin, March 24, 1982, on the events of the first two months of 1982). Arnett stated he could not schedule a negotiatingaction a few days before signing the implementing agreement, defendants deceived another Rock Island employees' representative. On February 16, 1982, Allamprese wrote to the SSW labor relations department with a carbon copy to Arnett requesting notice of the next negotiating meeting. Pls. Ex. 18. The labor relations department in Tyler, Texas received the letter on February 19 and presumably Arnett did as well at his Tyler office. However, no member of the labor relations department or Arnett contacted Allamprese about the next meeting and imminent signing of an implementing agreement. 9 Huntington at 43-45; 31 Arnett at 18-19.
Four days later on February 23, 1982, Huntington and Arnett signed an implementing agreement (February 23 agreement). Huntington signed the agreement after Arnett informed him of Hardin's authorization to sign the


the June 1980 and Cleveland proposals, Rock Island employees did not receive preferential hiring for additional positions.
The whole concept of seniority was also quite different. The implementing agreement had neither full carryover seniority nor separate seniority system provisions. Instead, the Kansas City Division was incorporated in the SSW seniority system. Those former Rock Island employees hired before the implementing agreement were given a system seniority date of March 24, 1980, with prior rights in their craft and district. Pls. Ex. 19 at ง 1(a). All hired at that time were dovetailed and placed at the bottom of the SSW roster. Id. at งง 1(b), 1(c). Any Rock Island employee hired after the prior rights positions received a system seniority date of the date hired and went on theThe Pine Bluff employee would have the choice of receiving unemployment or protective pay and staying at home or moving to the Tucumcari Line and receiving a regular salary. The court is aware *1309 Arnett is not currently a popular figure on the Pine Bluff Division. He lost the 1987 election for General Chairman; Pine Bluff employees excoriated him during an afternoon of testimony. 26 Shepherd, Raney, Braden, Beavers at 87-160. Nonetheless, the court finds the additional jobs for the Pine Bluff Division acted as a significant inducement in 1981-82 when Arnett cut the Rock Island representatives out of the implementing agreement negotiations.
The deceptive and conspiratorial conduct of defendants is best explained by an official of the Clerk's union on the Kansas City Division, Robert Nuss. Nuss gave


the implementing agreement comports with the court's conclusion after reviewing the terms and negotiating history of the February 23 implementing agreement.

F. AFTER THE IMPLEMENTING AGREEMENT

1. Reaction of Rock Island Representatives
Crago first learned of the February 23 agreement when he called Huntington a short time after its signing "to set up another session to negotiate." Crago Depo. at 43-44. Crago had no knowledge of a completed implementing agreement when he made the call. Id.; Huntington Depo. at 68. Crago's first response upon learning Huntington and Arnett had signed an agreement was that he "was assigned, and he had to make an agreement." Huntington Depo. at 68. Later in March, Crago set out his version of the events leading up to the implementing agreement. Pls. Ex. 17 (Crago to Hardin,March 24, 1982, confidential report). First, he recounted the deceptive conduct of Arnett in not informing him of the actual state of negotiations. Id. at 1. He then explained the effect the implementing agreement would have on the Rock Island employees:
As the agreement is set now, the Cotton Belt men are on the roster and they will now use Cotton Belt furloughed men for work on this line instead of continuing hiring former Rock Island men up to April 1, 1984, as the March 4 agreement intended.
Id. at 2; Crago Depo. at 47 (The implementing agreement "had the effect of shutting off any further employment of Rock Island people.")
Crago would not have signed the February 23 implementing agreement because of its treatment of future hiring and the Eldon


at 44. On January 5, 1983, SSW began to operate over the Missouri Pacific (MP) track. 9 Huntington at 100. SSW located its terminal for the trackage rights at Jefferson City, Missouri. SSW utilized Pine Bluff Division employees at that terminal and at others along the Kansas City Division to work the increase in traffic after January 1983. Section F. 4, infra.
A week after operations began on the trackage rights, Huntington and Arnett began negotiations for an implementing agreement on the MP track. No Rock Island employee representative participated in the negotiation of the implementing agreement. 9 Huntington at 83. After several days of meetings, two principal issues remained for arbitration: 1) Do Pine Bluff employees have prior rights to all jobs between Kansas City and St. Louis?divert any traffic from the Corsicana Line to the Tucumcari Line. 10 Huntington at 107-08; 27 Bosanko at 23.
After the ICC granted SSW trackage rights in September 1982, SSW began to prepare for an increase in traffic on the Tucumcari Line. Traffic would increase because 1) SSW would divert its existing St. Louis bound Corsicana Line traffic to the 400 mile shorter Kansas City Division ("diverted traffic") and 2) SSW would attract new business to the Kansas City Division because it could now reach St. Louis and points beyond with a 400 mile shorter route ("new business"). The general practice in the railroad industry is that if trains are diverted from one line to another, the workers on the original line follow their work on to the new


at 60.
In January 1983, SSW employed 51 Pine Bluff Division employees at Jefferson City and 51 at the other three terminals. Pls. Ex. 78. In June, the Jefferson City employment level was nearly the same but the number of Pine Bluff employees at the other terminals rose to 95. Id. Meanwhile, the number of Rock Island employees working on the Kansas City Division remained stable at 109 โ the number of prior rights provisions at the three western terminals plus several employees at Eldon. Id. A few prior rights men from Herington or Eldon employed at Pratt or Dalhart would later use their 1980 SSW seniority date to take extra board jobs at their Rock Island terminals. They had the lowest seniority date, though, and were always subjecttold the Rock Island brakemen in 1983-84 that all traffic over the Tucumcari Line was diverted. See section F. 4, supra. Fourth, SSW told the Pine Bluff Division trainmen 71 employees could be affected by diversion in November 1982. Pls. Ex. 23B. Fifth, SSW certified 42 trainmen were furloughed because of the opening of the MP track. Pls. Ex. 39A at 5 (UTU's submission in the arbitration of the Pine Bluff Division employees claiming they were adversely affected by the diversion over the MP track ("O'Brien arbitration").).
Sixth, SSW argued in a 1984 arbitration that all other trainmen furloughed on the Pine Bluff Division were affected because of a decrease in business and greater efficiency on the Corsicana Line. 10 Huntington at 7-12; 22 Koenig at 58-62; Pls. Ex.


39 at 12-13, 21-22 (SSW's submission in the O'Brien arbitration). SSW won the O'Brien arbitration. Pls. Ex. 39B at 9-10; See also Pls. Ex. 40 (arbitration very similar in scope and result to O'Brien but involving enginemen). In its submission in the O'Brien arbitration, SSW stated that the diversion to the Kansas City Division from the Corsicana Line was 5% in 1983 and 4% in 1984. Pls. Ex. 39 at 13; 22 Koenig at 61-64 (author of Pls. Ex. 39 explains table on page 13). In accord with its actions on other issues, SSW was a chameleon on diversion of traffic.
UTU's position in the O'Brien arbitration was that at least 71 people on the Pine *1316 Bluff Division were affected by the opening of the Kansas City Divisionto St. Louis. Pls. Ex. 39A at 6.
Amidst these conflicting claims and calculations, the court finds several diversion estimates to have credibility. First, SSW's calculation in November 1982 that 71 trainmen on the Pine Bluff Division would be affected by the opening of the MP track. This estimate of the level of jobs altered by diversion is credible for several reasons. One, the estimate is close in time to the actual date of first diversion; it represents SSW's best contemporaneous guess of the labor impact of the MP trackage rights. Two, the estimate is not clouded by the impact of increased, non-diverted traffic on the Kansas City Division after it was open for a period of time.
Three, SSW made the prediction with its potential exposure for protective pay


Division would be directly affected by diversion very probative of how many Pine Bluff employees should follow the diverted traffic to the Kansas City Division. If one job was lost on the Pine Bluff Division due to diversion, the job should transfer to the Kansas City Diversion.
The second claim that has considerable merit is plaintiffs' study. Pls. Ex. 45. Hornung was the only diversion witness who made his living performing railroad traffic diversion studies. Government and private industry have made extensive use of his services. Hornung produced railroad traffic diversion studies for Congress on the potential sale of parts of the Conrail system, for the Rock Island Trustee concerning the sale of 20 to 30 different parts of the Rock Island, for CSX corporation and Conrail concerning thethe first agreement. Therefore, the statute of limitations did not run from March to September 1983, while UTU tried to negotiate a second agreement with SSW. Plaintiffs' suit filed in December 1983 was timely. Dkt. no. 138 at 20-28.
The court reserved ruling pending further factual development on the DFR claim challenging the validity of the Warshaw arbitration. Id. at 28-30. The court was not clear if the second implementing agreement negotiations sought to resolve the problems created by the Warshaw award for the Rock Island brakemen. After a review of the responses written to Eldon men by Hardin, Pls. Exs. 32, 32A, 32B, 32C, 32E & 32H, the testimony of Eldon plaintiffs Miller and Blackburn and the UTU proposal submitted in May 1983, Pls. Exs. 33 at 4


(1971). An amended complaint does not relate back, though, if the amendment describes a different transaction. 6 Federal Practice at 489-90.
The court concludes the two paragraphs in the second amended complaint are most aptly characterized as more specific allegations under the initial, general claim rather than new, unrelated conduct. The initial complaint dealt broadly with all violations of the March 4 agreement by the February 23 agreement along the entire Tucumcari Line. The implementing agreement failed to provide jobs for the Eldon plaintiffs attributable to the Tucumcari Line and governed by the March 4 agreement. Without adequate provisions in the implementing agreement to cover the Eldon terminal, Arnett and Huntington were able to rig the Warshaw arbitration. The second DFR breach was not possible without the first DFRthe ICC for 50 years to provide conditions to protect railroad employees affected by a merger. The ICC can impose its own protective conditions or adopt an agreement reached by the parties to satisfy its mandate to approve a rail merger only if "the employees of the affected rail carrier will be in no worse position related to their employment as a result of the transaction during the four years following the effective date of the final action of the Commission...." 49 U.S.C. ง 11347.
For the first time, defendants assert the Commission did not adopt the March 4 agreement as the labor protective conditions for the Rock Island employees on the Tucumcari Line when it approved SSW's purchase of the Tucumcari Line. After a review of the relevant


must make an implementing agreement. The court might have labored in interpreting this provision if the actions of SSW and UTU had not been so unambiguous.
Within three weeks of signing the March 4 agreement, SSW requested and UTU named the representatives for the Rock Island and Pine Bluff groups in implementing agreement negotiations. SSW and all of the designated labor representative met on numerous occasions during the last half of 1980 and the first half of 1981 to discuss future hiring and seniority. When the labor representatives could not maintain a unified bargaining position, they all met in Cleveland in July 1981. The lone exception was the secret meeting in January 1982 when labor and management met without all labor representatives and quickly made a tentative implementing agreement.After the Volkman Board of Appeals decision found dual representation required by the March 4 agreement, UTU authorized two labor representatives for the negotiations between April and July 1983. The conduct of the parties to this litigation is powerful evidence that the March 4 agreement required dual labor representation.
The actions of other signatories to the March 4 agreement reinforces the interpretation that the March 4 agreement required dual representation when negotiating an implementing agreement. When SSW and Burlington Northern reached implementing agreements with other crafts, labor representatives of the PC and the BCE signed the agreements. When implementing agreements could not be reached by the labor representatives and the PC, the parties went to arbitration pursuant to Art. II, ง 9(b). Labor representatives from both sides participated in


when it needed brakemen for permanent positions on the Tucumcari Line to work through freight trains. In the February 23 implementing agreement, SSW contracted for an identical arrangement to fill prior rights positions until April 1, 1984. In the implementing agreements SSW reached with other crafts with multiple seniority districts on the Tucumcari Line, SSW followed the same practice. On every occasion in 1980-82, SSW did not interpret the preferential hiring language in the manner it advocates today.
SSW's arguments for a restrictive reading of the hiring provisions are neither consistent nor cogent. Egbers, SSW's chief witness, stated that the railroads' position at the March 4 negotiations was to hire as few BCE as possible in order to use as many of their own furloughed employees. The railroads allegedlyhiring of yardmen after brakemen. The later section begins: "As a carrier determines its need for additional employees under this Article, it shall allow eligible employees in seniority order on the Rock Island ... the first right of hire...." (emphasis added). The "employee" terminology is modified by the requirement to hire in "seniority order." Seniority order is defined in the last sentence of section three as those "existing seniority rosters applicable to the appropriate craft and seniority district...." With "eligible employees" modified by the ambiguous phrase "appropriate craft and district," the court returns to the same interpretive quandary. The court will again review the contemporaneous actions of the parties to clear the muddied interpretative waters concerning the proper place of yardmen in hiring for brakeman jobs.
Plaintiffs have offered


On all other occasions, SSW hired brakemen from the Tucumcari Line for brakemen positions; plaintiffs agreed with SSW on this practice.
At all times throughout the negotiation of the implementing agreement on the Kansas City Division from 1980-1983, Rock Island employees vigorously worked against allowing yardmen to bid for roadmen positions. First, Rock Island employees rejected SSW's June 1980 proposal because SSW would have done all future hiring from a dovetailed road and yard roster. Roadmen thought cross craft hiring violated the March 4 agreement because it reduced the number of roadmen hired under the March 4 agreement and because it would violate traditional craft autonomy. Second, when all labor representatives met in Cleveland in July 1981, they agreed yardmen were not eligible for road positions until after theyear" construction of section five is undercut by their conduct in 1980-82. Three times within a year of signing the March 4 agreement, SSW stated the preferential hiring provisions continued until April 1984: the first implementing agreement proposal to plaintiffs in June 1980, the implementing agreement with the engineers union in December 1980 and in Peifer's memo summarizing the implementing agreements with all the crafts on the Tucumcari Line. Pls. Exs. 11, 88 at ง 7 & 11D at 4; Huntington Depo. at 41-42. When all of the appropriate labor representatives met in Cleveland in July 1981, they agreed the hiring provisions should extend until April 1984. Pls. Ex. 13 at 3-5. The February 23 agreement made by defendants ended the preferential hiring provisions at April 1984. The


agreement played no part. While this contention has some technical and facial appeal, the court holds the trackage rights grant was completely dependent on the purchase of the Tucumcari Line. Therefore, the additional manpower requirements of non-diverted traffic on the Kansas City to St. Louis segment were a result of the initial purchase of the Tucumcari Line. Any increase in employment because of non-diverted traffic on the rest of the line was also attributable to the original purchase of the Tucumcari Line.
In 1980 when the Commission approved SSW's purchase of the Tucumcari Line, it made several critical findings. First, the ICC explained in economic terms why it was so important for the financial health of ailing SSW to reach the crucial St. Louis gateway. St. Louis is animportant terminus because it is a prime location for a western railroad like SSW to interchange with eastern shippers. Second, for SSW to improve its business, it needed to reach St. Louis via the Tucumcari Line. The Commission thought the Tucumcari Line was crucial because it was 400 miles shorter than the Corsicana Line, thereby a more attractive route in general. The purchase of the Tucumcari Line also gave SSW a competitive route in the central United States, which it did not have and needed in order to be profitable. Third, in order to reach St. Louis via the Tucumcari, the ICC allowed SSW to purchase all of the Line, *1327 even though the Kansas City to St. Louis portion was inoperable. The ICC allowed SSW to purchase


this nonessential part of the nation's railway system so it could successfully bargain for a cheaper route to St. Louis over some other railroad's track. See discussion at pp. 1291-92, supra, explaining and quoting from the relevant ICC decisions.
Throughout 1980-82, SSW believed it would receive trackage rights to reach St. Louis. SSW made no plans to rehabilitate the Kansas City to St. Louis segment of the Tucumcari Line. SSW and labor officials agreed Rock Island employees would work trackage rights jobs. SSW submitted a proposed transfer of the Eldon, Rock Island terminal to Jefferson City on the MP track to the ICC.
A little over two years after SSW received permission to purchase the Tucumcari Line, the ICC granted SSW trackage rights over the MP. The Commission's purpose wasto 1) use the Tucumcari Line to promote competition in the central United States and 2) "enable SP [SSW's parent] to avoid the expense of upgrading the recently obtained Rock Island line." Union Pacific/Missouri Pacific Merger, 366 ICC 462, 578 (1982), Pls. Ex. 4. The court concludes after examining the positions taken by SSW and the ICC in 1980-1982 that the Missouri Pacific trackage rights would not have been possible without the purchase of the Tucumcari Line from Kansas City to St. Louis. The ICC allowed SSW to "rehabilitate" the Tucumcari Line by substituting trackage rights for the most decrepit section of the Tucumcari Line. The court finds that to allow SSW to avoid its obligation to hire Rock Island employees by this substitution of trackage rights would


positions on the Kansas City Division. If traffic increased on the Kansas City Division, the parties would determine which line was responsible for the percentage of the increase and allocate jobs accordingly. Finally, brakemen could not bid for yard jobs until April 1984 โ the converse corollary to the brakemen provision. All of these major provisions are in accord with the March 4 agreement.

F. THE DUTY OF FAIR REPRESENTATION
UTU's actions in the 1980-83 period are scrutinized under the statutory DFR a union owes to all members of its bargaining unit โ in this case the entire plaintiff class. The Eighth Circuit recently explained the scope of the union's duty:
In order to establish unfair representation by a union, the claimants must show that the union's representation was `perfunctory, arbitrary,as a matter of law.
Arnett's contemporaneous actions also undercut his and Hardin's trial testimony about who was the proper UTU bargaining agent. Unlike at trial, Arnett did not state at any time in late 1981 or early 1982 that he had the sole power to negotiate the implementing agreement. When Rock Island representatives asked about scheduling another meeting or Arnett informed them he could not schedule another meeting, Arnett did not announce he could negotiate by himself and would do so thereafter. Instead, he continued to explicitly or implicitly tell Rock Island representatives they were a part of the negotiations and would be informed when the next meeting was set up. Arnett's actions substantially belie his claim he had authority to negotiate the agreement himself.
UTU also rationalizes that


Crago's presence would have prevented the conclusion of an agreement. Without an agreement, the parties would have gone to arbitration, and the Rock Island employees would have *1331 received a less favorable agreement from an arbitrator. This argument is largely illusory. First, UTU's description of Crago as an "obstructionist" is more properly viewed as a characterization. The parties view Crago differently because he represented the group that became the plaintiff class. One person's champion is another's nemesis. While he may have vigorously asserted the rights of the Rock Island employees on certain issues, the dominant reason labor and management could not reach an agreement in 1980-81 was labor's lack of a clear position. The meeting in Cleveland in July 1981 settled this problem. Defendant's assertion that Crago preventedMay 1980 as they were in 1981-82 after the completion of substantial rehabilitation of the Tucumcari Line. With the number of trains stabilized, the parties could accurately gauge the level of employment then attributable to the Tucumcari Line. The court does not view the change from hiring people with prior rights until 1984 to hiring people for prior rights positions until 1984 as a significant matter.
Throughout this section of UTU's argument, Dkt. no. 201 at 128-140, it fails to acknowledge or appreciate the significance of several points. First, UTU seems to think that if the Rock Island brakemen had not received prior rights in the implementing agreement, they would not work any jobs on the Kansas City Division. UTU's apprehension is unfounded under a proper construction of the


Crago) to demonstrate that Arnett merely performed the bidding of Rock Island employees is unpersuasive. Cohan informed Arnett he wanted the number of permanent jobs at each terminal solidified in an implementing agreement. The court does not find the letter particularly probative that Arnett performed plaintiffs' wishes because Arnett received the letter at least a week after he concluded negotiations on the implementing agreement. Arnett received the letter on January 25 but reached tentative agreement on the implementing agreement on January 18. Second, Cohan gave no indication he was in such a hurry to reach an implementing agreement that he wished to trade the rights of all unemployed Rock Island brakemen for the protection of the already employed. All proposals known at the time of his letter adequatelyCir. 1984).
UTU also breached its DFR in the negotiations preceding and at the Warshaw arbitration. Arnett and Huntington manufactured a dispute regarding the jobs at Jefferson City and at all terminals west of Kansas City. By numerous concessions, Arnett created two questions for arbitration that each had only one answer. The obvious answer to both questions favored SSW and the Pine Bluff Division employees. SSW would first employ furloughed Pine Bluff employees and save much money; all furloughed men were from the Pine Bluff Division, Arnett's constituents. A thorough review of the various drafts of the MP implementing agreement, the arbitration submissions and decision, and the relevant trial testimony convinces the court that Arnett was not merely grossly deficient in representing Rock Island employees, but colluded with Huntington


will also get "bumped up" in their date of hire; SSW should have hired them in January 1983 because not all of the increase in traffic at that time or later was due to traffic from the Corsicana Line. SSW transferred 100 Pine Bluff employees to the Kansas City Division in January and 135 to 140 positions per month for the next four months. If the number of positions attributable to diversion is less than the number of Pine Bluff employees transferred to the Kansas City Division, SSW should have hired Rock Island brakemen for the other positions.
Under either quantification of diversion the court found credible, see FF, ง F. 5, supra, the '83 hires were entitled to the first right of hire in January 1983. First, SSWtotal employment levels in Pls.Ex. 78, a monthly breakdown of Pine Bluff and Rock Island employment *1335 levels on the Kansas City Division). Both estimates of diversion allow for the retroactive hiring of all '83 hires at the beginning of operations to St. Louis.

b. Location and Seniority
The court formulates three general principles on these issues. First, all Rock Island employees will maintain their original SSW terminal. If prior to 1983 they received prior rights at an SSW terminal, they continue to have prior rights at that terminal. If an '83 hire, their SSW terminal is where they were hired by SSW in July 1983. Second, plaintiffs do not receive carryover seniority. Each plaintiffs' current SSW seniority date, when he was hired by SSW, governs his ability to move


over the entire Kansas City Division. Third, all brakemen receive prior rights at their SSW terminals. The pre-'83 hires maintain their prior rights positions; the '83 hires are awarded prior rights at their SSW terminal.
The first principle stems from the court's desire not to start a mass shuffling of SSW employees from one end of the Tucumcari Line to the other, the court's realization that it cannot remedy all old wrongs and the court's desire not to perpetrate many new injustices with its remedial order. With six or more years passed since many of the critical events happened, the court does not want to start a new round of worker location and relocation. The court believes that work place harmony could best be preserved by leaving employees attheir current locations. The second principle is a restatement of the court's rejection of plaintiffs' request for full carryover seniority, and the court's conviction that plaintiffs have no contractual right to work solely out of their Rock Island terminal.
Third, while the March 4 agreement did not require any type of seniority for BCE, the court determines that a grant of prior rights to all Rock Island brakemen is appropriate. Both SSW's June 1980 proposal and the Cleveland proposal gave Rock Island brakemen prior rights where hired. Even when the two defendants worked together to limit the hiring of Rock Island brakemen in the February 23 agreement, they gave prior rights to Rock Island brakemen. Defendants cannot claim surprise or alarm at this remedial measure in light of their


A few people cheer. A few others boo. Most of the room is silent, indifferent to the president considered one of the greats by most Republicans today.

Paul is a rock star here. When he appears before delivering his speech from the balcony that wraps around three of the four walls, the crowd erupts into a raucous cheer and hundreds of upturned faces gaze in admiration at the man decades older than almost all of them. At one point in his speech, he asks, “Are there any CIA agents in this room? FBI? Or TSA?” The audience boos loudly. “Good, we’re okay,” Paul says jokingly, before delivering a speech centered on his usual themes: U.S. intervention in foreign countries, the Federal Reserve, and the need for individual liberty. Hehealth food stores, organic foods are spreading from specialty aisles to shelves throughout the big food stores. Maybe you’re wondering what all the fuss is about. Are organic foods …

by Norma Palacios and Russell O. Karr Dedication, solid work ethic, strong family support, and a noteworthy focus on balance in her life provide Fremont High School basketball star, Jessica Shepard, with a solid foundation for success in sports and life. Ranked third in the country by ESPN and first in her position, Jessica was also Gatorade’s 2013-14 and 2012-13 …


from asthma, chronic obstructive pulmonary disease, high
blood pressure, depression, hepatitis C, diabetes, liver damage, hepatomegaly, uveitis
of the left eye, coronary artery disease, and degenerative disc disease. He applied for
DIB and SSI benefits on July 27, 2006, alleging an onset date of September 22, 2005.
After his claims were denied at the administrative level, Fentress sought review in
district court, which remanded his claims to the Commissioner for further
proceedings. Fentress then filed new applications for DIB and SSI benefits, alleging
an onset date of September 30, 2009. These applications were consolidated with his
initial applications, and on December 1, 2011, an administrative law judge (“ALJ”)
denied all of Fentress’s claims. Fentress pursued an administrative appeal, and in
November 2013, the Appeals Council remanded the case to the ALJ for further
proceedings. On April 7, 2014, ato the opinion of Dr. Waters as inconsistent with other
substantial evidence in the record, including numerous unremarkable physical
examinations, Fentress’s own denials of pain, and the opinion of a consulting
physician, Bruce Randolph, M.D., who examined Fentress.

       Based on the testimony of a vocational expert, the Appeals Council found that
there were a significant number of jobs in the national economy which Fentress could
perform with his modified light work RFC prior to August 24, 2012. Therefore, at
step five of the analysis the Appeals Council concluded that Fentress was not disabled
from his initial alleged onset date of September 22, 2005, through August 23, 2012,
but was disabled as of August 24, 2012. This decision stands as the final decision of
the Commissioner.


and related collectibles.

"There were a few dealers who were unable to make it because of yesterday's storm, but we've found bottle people will always try to come. They're anxious to get together to swap and buy and talk with each other," said Rose Sokol, who along with her husband Bob, has co-chaired the show for the past 42 years. This year was the Sokols' last show as organizers, and for their hard work and dedication, they were recognized with special thanks and a gift certificate to their favorite garden center.

"Forty-two years is a long time to run this show, and to do such a great job is unbelievable," said Ray Burke, president of the Somers Antique Bottle Club. "They'll still be with the club, but they won't berunning the show. It's a lot of work, and we're hoping to convince someone new to take on the job."

"There's a lot of history in bottles, and I think that's what sparks interest in collectors," said Leo Goudreau, a club member and collector of early American glass from Ware, Mass. Goudreau said he has been participating in the show for about the last 30 years. "There are a lot of variables - different categories, colors and shapes."

Nineteenth-century tonic and bitters bottles with their labels still affixed advertising treatments and cures for an assortment of ailments were some of the most interesting and humorous items for sale. For example, a bottle made by the Poor Man's Bitters Company of Oswego, New York, claimed to be "a mild and pleasant


tonic, alternative and stimulant" used to treat dyspepsia, liver complaints, jaundice, giddiness, nervous disorders, and even piles.

"You have to remember, this was the wild, wild, west and there was no FDA [Food and Drug Administration]," said Bob Latham, a dealer at the show who was selling an assortment of bottles, as well as small 19th-century-era promotional and testimonial pamphlets that druggists often provided in hopes that customers would purchase the remedies. "There was no TV or radio then, no billboards, no internet, so this was how people promoted their products." Latham said it was likely that druggists would promote home-remedy concoctions for a piece of the profits. "When it comes to making money, some things never change," he said.

Often the testimonial pamphlets employed grandiose wording, such as “Dr.Schenck's World Renowned Remedies for all diseases of the lungs, stomach, liver and bowels.” The testimonials claimed that Dr. Schenck’s remedies were “Proved in all climates. Tested by all nations. Crowned with the triumph of half a century of use.” Along with his bottle collection, Latham had a few such testimonial pamphlets for sale.

Trish Manfredi, a dealer from South Glastonbury, said one of the most successful medicine makers in the 1800s was Lydia E. Pinkham of Lynn, Mass., who marketed a tonic which was sold as a remedy for "female complaints." A shrewd businesswoman, Pinkham marketed her tonic by putting an image of her own face on the label and distributing endorsements from satisfied customers in what came to be called the "Pinkham Pamphlets." While her tonic was


made up of an assortment of roots and herbs, it also had an alcohol content of 18 percent, an interesting turn, as Pinkham was also an active participant in the temperance movement.

"Most of these tonics had some herbs and spices that were known to help with ailments, but they were also based in alcohol, which made you feel good," said another dealer. "It was the whole snake oil era, and with a lot of these remedies, well, as the saying goes, 'Time heals and the doctor takes the fee,'" he said.in sports in North Carolina
Category:1963 in sports in North Carolina


in the latter case the heat is transferred first into the tile, after which the tile operates as the emitter. The tile may also be partly penetrable by radiation. In gas-operated systems, a usually ceramic radiator is made to glow by means of a flame, which radiator starts glowing and thus operates as the emitter. Radiation is partly also emitted directly from the flame. As was stated above, the wavelength of maximum intensity of medium-wave infrared radiators is 2.00 . . . 3.00 .mu.m, the corresponding temperature of the radiator being, as was stated above, in the range of 1176.degree. C. . . . 690.degree. C. With medium-wave infrared radiators, the maximum power density varies, depending on the method and the temperature, substantially in a range of 40is directed at the material to be dried, and the moving web material is passed through the radiation zone of the infrared radiator while the web material to be dried absorbs radiation into itself. In the method, the radiation produced by at least one first infrared radiator and the radiation produced by at least one second infrared radiator are directed at the moving web material to be dried, said radiators being fitted in the vicinity of one another. In this connection, the wavelength of the maximum intensity of the radiation of the first infrared radiator is shorter than the wavelength of the maximum intensity of the radiation of the second infrared radiator, in which case, in the drying process, the spectrum of the overall radiation is optimal in


In this issue of Frontier, Rebecca Sugar shares her personal sketches, early comic work, and poetry (along with commentary on the transition of her work over time). This small book offers a glimpse into the working process of an exceptional contemporary storyteller.

32 pages, Color and B+W.

Rebecca Sugar is a cartoonist, writer, and ukuleleist currently living in Los Angeles. She is the author of the comic serial "Pug Davis" as well as a number of short comics. In her free time, Rebecca also is an Emmy-nominated Storyboard Artist, and creator of the television show, Steven Universe ♡Get breaking news alerts and special reports. The news and stories that matter, delivered weekday mornings.

FREEPORT, Bahamas — Hurricane Dorian's wrath along the Bahamas was too gut-wrenching to ignore for workers and guests on the cruise ship the Celebrity Equinox. Instead of continuing on their regularly scheduled itinerary for a seven-day Caribbean cruise, the massive vessel set sail on a new mission: helping survivors of the storm.

On Friday, the ship's kitchen staff prepared some 10,000 meals, while guests volunteered to plate and pack them. The ship was a hive of activity as the crew pulled double-duty. Even children — tasked with writing personalized cards to cheer up the victims — pitched in.

Celebrity Equinox kitchen staff work overtime to prepare over 10,000 meals that will be brought to people


in need in Freeport, Bahamas. The cruise ship has been rerouted from Nassau to provide relief to the island hit by Hurricane Dorian. Mariana Henninger / NBC News

The Celebrity Equinox, which left Fort Lauderdale, Florida, on Saturday morning to crisscross the Caribbean, was supposed to dock at the Bahamas' capital of Nassau for the tail end of its excursion. But the ship was diverted Friday to Freeport on Grand Bahama Island, which was partially destroyed by the storm.

"We have a little army of cooks making food and a little navy of life boats and tug boats bringing it ashore," said Rob Zeiger, a spokesman for Royal Caribbean Cruises Ltd., the parent company of Celebrity Cruises.

Zeiger said the ship has about 3,000 guests — and more than enough foodmeeting they can have a big effect." Read more Photograph: Mark Humphrey/AP

Age limit rise

The Florida governor, Rick Scott, last week proposed a rise in the minimum age – from 18 to 21 – for purchasing semi-automatic weapons such as the AR-15. Three Republican senators have signaled support for the idea.

The proposal was seen as out of character for Scott, a Republican with a top rating from the NRA. He made no comparable call for gun control after the 2016 shooting at the Pulse nightclub in Orlando that killed 49 and wounded 58.

But the NRA vehemently opposes changing the national minimum age for purchases of so-called long guns, and Cornyn, the Texas senator, recently dismissed the idea, making passage in the Senate anytime soon unlikely.

Semi-automatic weapons ban

In a march


on the Florida statehouse in Tallahassee following the Parkland shootings, students who had survived called for a new assault weapons ban, starting with a ban in the Florida legislature.

But a proposal last week in Florida to debate a ban on semi-automatic weapons never even made it to the floor of the legislature.

On Capitol Hill, meanwhile, a Democrat in the House introduced a ban on military-style assault weapons and others, but with Republicans in the majority that bill seemed a non-starter.

Beckett, our correspondent, has noted the suggestion of experts that it may be more effective to focus simply on limiting ammunition capacity rather than on banning military-style weapons.

Arming teachers

“If you had a teacher who was adept at firearms, they could very well end the attack very quickly,” Trump saidit to Houston for the Super Bowl cannot be regarded as a certainty, given the history of rookie quarterbacks in the postseason. The game is different in the playoffs, with the intensity revved up and any tiny deficiency magnified. Opposing defenses will do their best to take advantage of Prescott’s relative inexperience.

Former NFL quarterback Tim Hasselbeck said postseason opponents will attempt to replicate the approach taken by the New York Giants, the only team to beat the Cowboys during the regular season until a meaningless, final-weekend defeat at Philadelphia, by trying to confuse Prescott and keep the Dallas offense off balance with varied and well-disguised defensive looks.

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“Do I think the Cowboys can win the Super Bowl with Dak Prescott? Yes,” said Hasselbeck, now an NFL analyst with ESPN.


the NFL in total defense, based on yards allowed, but fifth in scoring defense. They led the league in rushing defense.

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When the New York Jets reached the AFC title game with rookie Mark Sanchez (now the Cowboys’ third-stringer) at quarterback following the 2009 season, they ranked first in the league in rushing offense and first in total defense. When the Pittsburgh Steelers reached the AFC championship game with rookie Ben Roethlisberger at quarterback after the 2004 season in which they had a 15-1 record, they ranked second in the league in rushing offense and first in total defense.

“There’s so few that get that opportunity,” Casserly said. “Most rookies don’t start on good teams, and then you actually have to play well yourself. You have to have a teamthe depletion layer and excess carriers as parameters and a resistance component defined by the applied voltage, leakage current and recombination current of the excess carries as parameters. The resistance component, the capacitance component and the inductance component of the external circuit for applying the reverse voltage form an LCR series circuit. The capacitance component and the resistance component of the diode vary with time. The resistance component rapidly increases when the excess carriers outside the depletion layer have disappeared, and the natural oscillation condition of the LCR series circuit is reached and voltage oscillation occurs. The resistance component rapidly varies to cause voltage oscillation also when the depletion layer reaches the N+ layer 603.
According to a first aspect of the present invention, a semiconductor device comprises: a


to ⅔ of the reverse-direction voltage blocking capability of the PN junction is applied to the first and second main electrodes, and a second condition that the depletion layer extending from the PN junction reaches the first semiconductor layer when a reverse voltage exceeding about ⅔ of the voltage blocking capability is applied to the first and second main electrodes.
Preferably, according to a second aspect of the invention, in the semiconductor device, the first main electrode includes a main electrode formed directly on the third semiconductor layer, and the second main electrode comprises a main electrode formed directly on the underside of the first semiconductor layer.
Preferably, according to a third aspect of the invention, the semiconductor device further comprises: a second conductivity type fourth semiconductor layer being formedunder the first semiconductor layer, and wherein the first main electrode includes a main electrode formed directly on the third semiconductor layer and the second main electrode includes a main electrode formed directly on the underside of the fourth semiconductor layer.
Preferably, according to a fourth aspect of the invention, the semiconductor device further comprises: a second conductivity type fourth semiconductor layer being formed under the first semiconductor layer; and a first conductivity type fifth semiconductor layer being formed on the third semiconductor layer, and wherein the first main electrode includes a main electrode formed directly on the fifth semiconductor layer and the second main electrode includes a main electrode formed directly on the underside of the fourth semiconductor layer.
Preferably, according to a fifth aspect of the invention, in


consists of the compressor, motor, oil/gas separator and reservoir. The screw compressor may also include an oil cooler with a filter. The motor drives the driven rotor either directly or through a gearset. Direct drive is preferable to avoid the mechanical losses that result from the gearset. Rotational speeds of the compressor are on the order of 3600 RPM. Since the oil is injected directly into the rotor area of the compressor, the oil and the refrigerant gas mix. A single output line transports the mixed compressed refrigerant and hot oil to an oil/gas separator. The oil separator separates the oil and the refrigerant and stores the oil temporarily in the reservoir prior to sending the oil to the oil cooler. The oil cooler cools the oil toGIRAFFAGE & RYAN HEMSWORTH: OPEN WORLD TOUR

DICE protects fans and artists from touts. We’re a mobile app for iOS and Android. Tickets will be securely stored on your phone.

That's right, two of your favorite electronic producers are touring together, and they're coming through The Regent.

Giraffage has been mesmerizing us with his lush, ambient electronica since 2009 when he released music as Robot Science. With three LPs, two EPs, and a slew of killer remixes under his belt, the sample wizard is sure to have some tricks up his sleeve.

Ryan Hemsworth's live sets are known to shake things up. The versatile production god infuses every track with a distinct infectiousness that can't be denied. Not only does he produce for the likes of Tinashe, Tory Lanez, and E-40 -


A Schizophrenic Will: A Story of Madness, A Story of Hope.

You can see a selection of his books about mental and physical health nicely laid out on his blog at mentalhealthbooks.net.

He also is editor-in-chief of Mental Health Books Review.Now Playing: Trump delivers racially divisive speech at National Archives

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State Sen. Pete Harckham, a Westchester Democrat who is one of a number of legislators who told the Buffalo News they’ve come around to getting recreational pot legalized this year.

WHAT CITY HALL'S READING

FIRST IN PLAYBOOK: City Council Member Jimmy Van Bramer is dropping out of the race for Queens Borough President. In a statement to POLITICO, Van Bramer cited family circumstances in quitting the race for the March special election to replace Melinda Katz, who became Queens district attorney. "I love serving the people of Queens as a Council Member, which is why I was excited to continue that work as Queens Borough President. My family is the reason I love this borough and its residents; they are the ones who instilled Queens values in me and inspiredprogram — which required authorization from Albany.” New York Post’s Rich Calder

A HEATED EXCHANGE between yeshiva reform advocates and schools chancellor Richard Carranza Friday indicates the fight over curriculum at the religious schools is far from over. At a New York Law School breakfast of roughly 100 people, where Carranza discussed the city's progress and fielded questions on a variety of issues, Naftuli Moster, who heads Young Advocates for a Fair Education, or YAFFED, called out Carranza over continued criticism that the city's investigation fell far short of effecting change in some of the schools. Only two of the 28 yeshivas visited by the city's Department of Education are providing substantially equivalent instruction, according to a report released last month by the city on the long-delayed probe into


Union’s Steve Hughes

#UpstateAmerica: Rochester has gotten nearly five feet of snow so far this year. Track the totals!

... 2020 VISION ...

MIKE BLOOMBERG began his presidential campaign with an apology to African Americans — an acknowledgment of the racial inequities spurred by the controversial “stop and frisk” policing practice he oversaw as New York City mayor. It was also a recognition of the political realities confronting a campaign for the Democratic nomination that hinges on a strong performance on Super Tuesday, when black voters will cast a majority of the primary vote in a handful of states. Bloomberg has so far amassed a roster of surrogates that includes prominent black politicians, traveled to cities with large black populations like Oakland, Detroit and Cleveland to solicit input on policy, andfinancial disclosure form as late as March 20, an extension that will come weeks after Super Tuesday.

— State Sen. Todd Kaminsky, a Long Beach Democrat, has endorsed Mike Bloomberg , citing his work to combat climate change, pass gun control and help rebuild lower Manhattan in the aftermath of 9/11.

— Bloomberg’s massive ad spending has made TV ads more expensive for candidates up and down the ballot.

TRUMP'S NEW YORK

“THE TRUMP ADMINISTRATION took renewed aim at New York City’s so-called sanctuary policies on Friday after the recent arrest of an undocumented Guyanese man on charges that he raped and murdered a 92-year-old woman in Queens. Matthew T. Albence, the acting director of Immigration and Customs Enforcement, accused the city of allowing the accused killer of the woman, Maria Fuertes,


that are at the greatest risk of storm surge. The study was initiated in the wake of Superstorm Sandy, which caused roughly $60 billion in damage in New York and New Jersey and destroyed or damaged thousands of homes. POLITICO’s Danielle Muoio

FROM THE DELEGATION

FORMER REP. CHRIS COLLINS was sentenced to 26 months in prison for an insider trading scheme that led to his arrest and resignation from Congress. The Western New York Republican pleaded guilty in October, accused of passing illicit stock tips to his son from the White House lawn during a Congressional picnic. Judge Vernon Broderick handed down the sentence Friday in Manhattan federal court along with a $200,000 fine, after the disgraced Congressman broke down in sobs as he pleaded for mercy for himself andto throw parties!

People are nourished by other people. The importance of social networks in health and longevity has been confirmed again by study of a close-knit Italian-American community in Roseto, Pennsylvania. At first blush, Roseto seems a diorama of what once was the nation's ideal lifestyle-neighbors who looked after one another, civic-minded joiners and doers who formed the grass roots of American-style democracy. It seems to showcase those virtues that have all but disappeared elsewhere in what has become what we are now--a nation of strangers.

At one time the village came to be a living laboratory demonstrating that neighborliness is good not just for the body politic (community) for the human body (self) as well. Now Roseto is changing, becoming a community of suburban commuters with satellite dishes,


fenced-in yards, and expensive cars.

Thirty years earlier, medical researchers were drawn to Roseto by a bewildering statistic: in defiance of medical logic, Rosetans seemed nearly immune to one of the most common causes of death. They died of heart attacks at a rate only half of the rest of America. Doctors were mystified in that residents led what medical textbooks predicted would be short lives.

The men of the village smoked and drank wine freely. They spent their days in backbreaking, hazardous labor, working 200 feet down in nearby slate quarries. At home, the dinner tables each evening were laden with traditional Italian food, modified for local ingredients in ways that would drive a dietitian to despair.

The Mediterranean diet, with its use of olive oil rather than animal fat,national average.

The study quickly went beyond death certificates, to poke, prod, and extensively interview the Rosetans. Instead of helping to solve the puzzle, all the data simply ruled out any genetic or other physical sources of the Rosetan's resistance to heart disease. Two statistics about Roseto were eye-catching: Both the crime rate and the applications for public assistance were zero.

.....

III. HEALTH AND SOCIAL RELATIONSHIPS

Subsequent study showed that all of the houses contained three generations of the family. Rosetans took care of their own. Instead of putting the elderly "on the shelf," they were elevated "to the Supreme Court." The scientists were led to conclude that the Roseto Effect was caused by something that could not be seen through the microscope, something beyond the usual focus of medical researchers.

It


seemed that those groaning dinner tables offered nourishment for the human spirit as well as the body. In fact, all of the communal rituals--the evening stroll, the many social clubs, the church festivals that were occasions for the whole community to celebrate--contributed to the villagers' good health.

In "The Power of Clan," an updated report on studies by Stewart Wolf, a physician, and John Bruhn, a sociologist, cover a broad period of time from 1935 to 1984. They found that mutual respect and cooperation contribute to the health and welfare of a community and its inhabitants, and that self indulgence and lack of concern for others exert opposite influences.

Tracing the history of Roseto, the sociologists found that early immigrants were shunned by the English and Welsh who dominated thisbeing supported reduces stress and the disease stress engenders.

"We looked at the social structure of healthy communities," Wolf said, "and found that they are characterized by stability and predictability. In those communities, each person has a clearly defined role in the social scheme."

Into the 1960s, Roseto was the epitome of predictability and conformity. In clothing, housing or automobiles, any display of wealth was taboo. Women knew that, from their teens on, they would work in one of the many small blouse factories scattered throughout the village. Even the evening meal followed a rigid cycle.

"Monday" recalled 66-year old Angie Martocci, "almost everyone in town ate spezzati (a spinach and egg soup). Tuesdays, it was spaghetti and gravy (tomato sauce). Wednesday was roast chicken and potatoes. Thursday, spaghetti again. Fish


on Fridays, of course. Veal and peppers on Saturday; and antipasto, meatballs and spaghetti on Sunday."

All of that conformity reduced the distance between the haves and have-nots, thereby reinforcing everyone's sense of conformity also spared Rosetans the stress that comes with freedom of choice. (My comment: the anthropologist David Maybury-Lewis in his video series Millenium that individuals in a tribal society grow up in a defined world where people know their place and their relationship to others. We grow up with freedom, he says, in a limitless world where we are often lost and terribly alone.)

Possibly the strongest conformity in the village was the work ethic. No only did everyone work here, they worked toward a common goal--a better life for their children. The reverence for work wasthe legacy of Roseto's first priest, Rev. Pasquale de Nisco. Arriving in 1896, De Nisco practiced what he preached. Taking up a pick and shovel, he started clearing ground next to the church to build the graveyard, where he now lies. Above all, De Nisco, whose influence is still strong in Roseto, preached education.

.....

IV. THE EFFECT FADES

In the slate quarries and blouse factories, the men and women of Roseto labored to be able to send their children to college, which they did at a rate far above the national average. By World War II, Roseto had a small white-collar class and was prospering. And of course with that, life began to change.

Wolf and Bruhn's study took place just as Roseto's golden age of community was drawing to a


close. They were able to predict that Rosetans then under 30 would not long be content with their rigid, traditional lifestyle. By the '70s, homes on the outskirts of town were in the suburbanized style that had become the American norm: large single family houses, swimming pools, fenced years, country clubs, and churches outside of the community.

As people moved and achieved material success, they found those gains at the expense of traditional communal values with which they have been raised. One person said, "I'm sorry we moved; everything is modern here and we have everything I need here, except people."

The principal of the elementary school said that children's lives changed. They went from days filled with activities to lives of watching from the sidelines. She found she hadto teach children how to play jacks and marbles. The strongest evidence that change had come to Roseto was in 1985 when the town's coronet band, founded in 1890, demanded for the first time to be paid for playing at the church's big festival.

As Wolf and his colleagues continued to monitor the health of the community, they noted that social change in the village was accompanied by increasing health problems. In 1971, the first heart attack death of a person less than 45 occurred in Roseto.

Nationally, the Americans' vulnerability to heart attack began to decline because of the widespread adoption of exercise programs and healthier diet. At the same time, the Rosetan's rate rose to the national average.

Roseto has lost its statistical uniqueness. Yet, it makes clear to


a visitor that it retains a sense of community--one that would be the envy of almost any place else in the nation. For many families, eating remains a ritual of the communal nature of life here. On Sundays, extra chairs are drawn up and leaves are added to dinner tables all over town for a ceremony that satisfies both physical hunger and the hunger to be surrounded by people who share our lives.

At Rose's Cafe, the only restaurant remaining in town, proprietor Rose Pavan calls everyone by name. Anyone with questions about menu items is swept into the kitchen for a sample. Children, most in Catholic school uniforms, flock in for an after-school snack--just as parents did back when Rose's was Mary's Luncheonette.

A visitor is bound to comeisolated were found to be two to five times more at risk for premature death from all causes. Persons with low interpersonal conflict in their lives do best.

8 Finally, brothers and sisters, whatever is true, whatever is noble, whatever is right, whatever is pure, whatever is lovely, whatever is admirable—if anything is excellent or praiseworthy—think about such things.

I met Nick Vujicic at the Anaheim Film Festival back in 2010, he starred in a short film titled "The Butterfly Circus," it is a great short film, and Nick is awesome. Nick was born with no arms, and no legs, but Nick still believes in God, and Nick lives a good, full life, and he is happy.

In Hollywood there used to be housing for homeless actresses, run by nuns. When


a young lady would come to Hollywood to be an actress, and if she ended up homeless, then the nuns would help her for free, until she became successful, or gave up and went home, or whatever.

And hostels are good too. Like the hostel I stayed at in Rome, Italy, it was only 15 dollars a night. Hollywood needs more hostels. The tourists would love the hostels too.

On the issue of helping the homeless... The old people are getting old, and they are dying, and there needs to be a new generation of young people to step forward to help the homeless.

My friend Rose, she was the daughter of an American soldier who served in the Philippines during World War II against the Japanese, and after the warhe stayed in the Philippines, and he married a Filipina woman, so Rose was automatically an American citizen. She wanted to help the USA because the USA saved the Philippines, and also she wanted to help America because her father was American, and so she came to the USA and attended college here, she attended UCLA, and then she became a school teacher in Compton, California, and she taught public school in Compton for twenty years. After she retired from teaching she went to work helping the homeless with my friend Lisa, and she helped the homeless for over thirty years, up until she died. Rose and Lisa were best friends. (Also, Rose's cousin Gloria Arroyo was President of the Philippines. Her whole family served other people.)

Lisa was


born wealthy, and her father owned a banana plantation in the Philippines. Lisa is Christian, and she was taught that to those whom much is given, much is expected from, and so Lisa was raised doing public service and was raised helping others. After her father died, she sold the plantation, and she moved to America. She opened a night club in Los Angeles named "Manila Gardens" which was hugely successful. And she opened other businesses, and she invested in Real Estate, and she did some developing, and everything she touched turned to gold, everything she did was successful. Finally, after she amassed over one hundred million dollars, she retired and she went to work helping the homeless people full time. She bought houses and she filled thehouses full of beds and she filled the houses full of homeless people, and she cooked and cleaned and stuff for the homeless people, and she ran everything to take care of homeless people. Some of the homeless people would help Lisa after they got healthy, they would help Lisa to help other people. My buddy Tom worked for Lisa, and many other people helped her. And Lisa and Rose would take a cooked pig to the park to feed everyone at the park for free. And on Thanksgiving Lisa and Rose would cook a thousand turkeys for the homeless. Lisa is still helping the homeless, the last that I heard Lisa has around one hundred homeless people living in her houses. But, Lisa is getting old, and


In 2011, another turning point slowly approached Yim Jae Bum’s life. He appeared on the hit TV show ‘MBC I’m a Singer’. He took the stage in and literally made people shed tears. He became the eye of the storm in Korean Music.Samsung refreshed their Galaxy A series at the end of last year, with the new smartphones in the series borrowing heavily from the design language and construction of Samsung's 2015 flagships. Apart from the 2016 editions of the Galaxy A3, A5, and A7 , Sa...

The prices stated may have increased since the last update. Unfortunately it is not possible for us to update the prices on our website in real-time. Should a shop not offer prices in your local currency, we may calculate the displayed price on daily updated exchange rates.


Two Tucson men, both refugees from Somalia, have been arrested on suspicion of trying to join the Islamic State and fight for the terror group or launch an attack on U.S. soil, federal officials said Monday.

Ahmed Mahad Mohamed, 21, and Abdi Yemani Hussein, 20, were arrested Friday at the Tucson International Airport, according to a news release from the U.S. Attorney’s Office in Arizona. The two are facing charges of conspiracy to provide material support to a designated foreign terrorist organization.

Mohamed, a permanent resident of the U.S., and Hussein, a refugee, had been communicating with an undercover FBI agent who they believed was a supporter of IS ideology, according to a federal criminal complaint filed Friday.

Mohamed and Hussein revealed during the communications that they wanted to travel overseasto fight on behalf of IS or conduct an attack within the U.S. if they were unable to travel, the criminal complaint said.

The men purchased tickets to travel from Tucson to Egypt, with the intent to travel on to the Sinai Peninsula and join IS, according to the news release.

FBI agents arrested the men after they checked in for their flight and passed through airport security, officials said.


Polish Students Design Best Mars Rover of 2013

Below:

Next story in Tech and gadgets

Hanksville, UTAH — In the rugged desert landscape of
southern Utah, 7.5 miles from the nearest town, 10 student teams
competed in the Mars Society's annual University Rover Challenge
(URC). Six seasoned engineering students from Bialystok
University of Technology in Poland took first place with the
"Hyperion" craft — their prototype for what a future Mars rover
might look like.

"Out of 500 possible points, they scored 493 — the
highest-ever score at URC!" said Kevin Sloan, director of the
challenge. Another Polish team, Scorpio 3 from the Wroclaw
University of Technology, took second place, with 401 points.
Brigham Young University placed third, with 350 points.

Now in its seventh year, the competition draws students from
around the world. Teams came from Canada, India, the United
States and Poland withtheir rovers
designed to serve future human inhabitants of the Red
Planet. The Mars Society is an international organization
dedicated to promoting human settlement on Mars. It runs four
Mars simulation sites, including the Mars Desert Research Station
(MDRS) in the Canyonlands of Utah. [See video
of Mars Rover Challenge ]

The Hyperion team attributed its success to having a small group
that had worked closely together over the past three years. "Less
people, less trouble," team captain Piotr Ciura, who was also a
member of the 2011 winning URC team, said in his team's
presentation to the judges. The six men built their rover in only
two months and arrived several days early to test it on-site.
[See also: The
Rocky Road to Building the Next Mars Rover ]

For most teams, the toughest challenge was simply getting their
rovers to move. "Driving


over bumpy dirt roads just to get out to
the MDRS can damage parts. One loose wire can mean the entire
system fails," said Chuck McMurray, the Mars Society's deputy
education director.

After the first day of the three-day competition, most teams had
repairs to make. Many stayed up all night working along the
narrow walkways in front of their motel-room doors. The defending
champions from York University in Toronto had brought their
MakerBot 3D printer. It hummed along in a corner of the bathroom
for hours making replacement parts for the rover's robotic arm.

Many teams used 3D-printed parts, and judge Anne Anderson, a
biologist from Utah State University, said that 3D
printing will become as important an invention to the
world as the transistor.

Each rover had four timed tasks to tackle in the desert and
around the Mars Desert Researchout to a PVC box
designed to represent a solar
panel . McMurray used a flour sifter to cover the panel with
dirt.

After flipping a series of light switches — a no-brainer for a
human, but difficult for a robot — the rovers were repositioned
to use their arms with an attached device to clean the panel.
Oregon State's rover used pieces of a Swiffer duster and a pair
of ice scrapers for the job, while Hyperion blew the dirt away
with a high-powered fan. Scorpio 3 used a rotating brush that
worked well until it fell off — the direction of the spin also
unscrewed the brush.

Astronaut assist

For this challenge, four scarecrows dressed as astronauts were
placed out in the desert, beyond sandy ridges and ravines that
blocked them from view. The rovers had to deliver four numbered
packages to


the corresponding astronauts
.

Akers, the rover from the Missouri University of Science and
Technology, got stuck on a soft sandy hill — its wheels
spinning in a circle as the chassis sunk in the sand. Team
members rescued the rover, carrying it back like pallbearers at a
funeral.

Sample collection

Life-sciences students had important roles to play in the
sample-collection task. Rovers had to obtain a sample from at
least two inches below the ground, perform onboard testing for
signs of life and then bring back the sample to the command
center for further testing.

Each team had a different solution for this task. For instance,
the team from Brigham Young University used a laser on the belly
of the rover that revealed degrees of conductivity in the soil.
The data was used to pinpoint the spots where microbes were
likely to be present.churchgoers were unsurprisingly more likely to oppose divorce, they were both less psychologically affected by marital separation when it did happen, he said.

"What we found was that religious people were experiencing current day rewards, rather than storing them up for the future."

However, he said that the nature of the surveys used meant that undetected factors, perhaps in the lifestyle or upbringing of religious people, such as stable family life and relationships, could be the cause of this increased satisfaction.

The precise contribution of religion to mental health remains controversial, although there is other evidence that it does directly improve happiness, said Professor Leslie Francis, from the University of Warwick.

He said that the benefit might stem from the increased "purpose of life" felt by believers.

He said: "These findings are consistent


from this blog

Once there was this man traveling from Jerusalem to Jericho, and he fell among thorns, and the thorns spring up and choked him. And as he went on, he didn’t have money, and he met the Queen of Sheba, and she gave him 1,000 talents of gold and 100 changes of raiment. And he got into a chariot and drove furiously, and when he was driving under a big juniper tree, his hair caught on a limb of that tree, and he
hung there many days, and the ravens brought him food to eat and water to drink, and he ate 5,000 loaves of bread and two fishes.

One night when he was hanging there asleep, his wife Delilah came along and cut off his hair, and hean application for social security disability benefits and supplemental security income alleging a disability and his inability to work due to depression. After his application was denied, he requested reconsideration. Upon reconsideration, the application was again denied. The Claimant requested a hearing before an administrative law judge ("ALJ"). On November 1, 1999, a hearing was held before an ALJ. The Claimant was represented by counsel. After the hearing, in a decision dated November 15, 1999, the ALJ denied Sweeney's claim for disability benefits finding that the Claimant was not disabled. On September 22, 2000, the Appeals Council denied the Claimant's request for review. Thereafter, the Claimant commenced an action in this Court, and on October 5, 2001, this Court remanded the case for further administrative proceedings.
On March 27,