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Preview: Oilers at Ducks

Wednesday, 08.06.2014 / 2:49 AM
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Preview: Oilers at Ducks
Edmonton Oilers vs. Anaheim Ducks

EDMONTON OILERS (35-30-9) at

Start Time: 8:08 p.m. MDT

Television: Rogers Sportsnet West (HD)

Radio: 630 CHED, Oilers Radio Network and online at edmontonoilers.com.Today's Game Notes | Oilers/Ducks Head-to-Head | Stats Comparison

Zack Stortini tries a wraparound attempt on Anaheim goaltender J.S. Giguere. (Getty Images) Oilers Twitter Lineup Updates:

by Marc Ciampa | edmontonoilers.com

After a disappointing loss last night in Phoenix that saw them drop out of the playoff picture, the Edmonton Oilers can redeem themselves immediately with a victory tonight against the Anaheim Ducks.

After building up somewhat of a cushion and knocking on the door of sixth-place Columbus last week following three straight wins, the Oilers have since lost three straight in regulation and are back in a dogfight for their playoff lives.

They are currently tied for ninth place in the West with St. Louis at 79 points. Anaheim and Nashville have 80 points and are tied for 7th. Minnesota has 78 points and is nipping on the heels of the Oilers as well.

While Edmonton has dropped three regulation games in a row for only the second time this season (the first was October 22 to 25), it's been a much different story in Anaheim. The Ducks are playing their best hockey and look poised to get into the postseason.

Anaheim has rattled off five consecutive wins to vault back into the playoff picture. Most recently, they waxed the Colorado Avalanche 7-2 on Wednesday night.

This is the third of four meetings this season between the Oilers and Ducks. The Oilers won in Anaheim 3-2 back in October and the Ducks won by that same score in Edmonton in December.

Just The Facts...

The Answers

Pre-Game Video...

Pre-game comments from Dustin Penner, Kyle Brodziak & Zack Stortini Bob Stauffer and Brent Severyn preview tonight's game The Other Side: Ducks pre-game with Ryan, Perry, Parros & Carlyle Pre-Game Audio... Dustin Penner Zack Stortini Kyle Brodziak

News Update...

Playoff Race Update: Oilers slip to 9th - Updated March 27 at 10:32 p.m. MDT. It went about as bad as it could possibly go for the Oilers on Thursday night as they dropped their third consecutive game in regulation time to Phoenix. Meanwhile, St. Louis and Nashville won. ...more

The Other Side - news from anaheimducks.com

Getzlaf on NHL Live! - Ducks center Ryan Getzlaf was a guest on NHL Live! radio show on Thursday to discuss the team's recent success and playoff hopes.

...more The Science of Hockey Special Preview - Ducks players J.S. Giguere, Ryan Getzlaf and Corey Perry took part in a special preview of The Science of Hockey on Thursday afternoon at the Taco Bell Discover Science Center. Photo Gallery | ...more Playoff Ticket Strips on Sale Now - Playoff ticket strips for the 2009 Stanley Cup Playoffs are on sale now. Fans have the opportunity to secure a ticket to each playoff game held at Honda Center throughout the postseason by placing a deposit on a 2009-10 ticket plan. ...more

From the Fans

Click here to read today's gameday thread on the Oilers message board.

Odds and Ends

The LINK: Autographs & Patrick + Ales - In this Friday edition of The Link, we mic up Jason Strudwick and Robert Nilsson for the annual Oilers Autograph Session. We also get to know O'Sullivan and Kotalik a little better in Part 2 of that feature. ...more 5 Questions with Dustin Penner - Stitches, Sunbirds, and Subway sandwiches are among the topics Dustin Penner addressed in his most-recent Off The Ice interview. Follow the link for his answers and more Oilers player features. ...more

From the Wire (AP)

The Anaheim Ducks are playing like a team that's serious about reaching the postseason. The Edmonton Oilers are not.

The surging Ducks look for a season-high sixth straight victory Friday night while trying to avoid a third consecutive home loss to the struggling Oilers in a matchup of clubs competing for the final Western Conference playoff spots.

Anaheim (37-31-6) rolled to a 7-2 victory at Colorado on Wednesday to continue its solid play down the stretch. The Ducks are tied with Nashville for seventh place, but have one more win than the Predators with eight games remaining.

"It's a perfect time to be going on a streak like this because you want to be going into the playoffs at your peak," defenseman James Wisniewski said of the Ducks, who last won six in a row from Feb. 17-March 3, 2008.

Edmonton (35-30-9), meanwhile, looks to avoid its fourth straight loss after falling 3-2 at lowly Phoenix on Thursday. The Oilers are just one point behind Anaheim, but currently tied with St. Louis for ninth place.

"Right now, we're getting down to the nitty-gritty in the schedule and can only look ahead," defenseman Sheldon Souray said of the Oilers, who have eight games remaining.

In their previous two games, the Oilers won 3-2 at Anaheim on Oct. 15 and the Ducks earned a 3-2 shootout victory at Edmonton on Dec. 19.

Corey Perry had a goal in regulation and the only one in the tiebreaker of that contest. He had two Wednesday for Anaheim, which has outscored its opponents 22-10 during the winning streak while going 9-for-19 on the power-play.

"We were getting some fortunate bounces," said Perry, who has six goals and four assists in 14 games against Edmonton. "It hasn't really happened in a while. You can't count on that every night."

Rookie Andrew Ebbett had a goal with two assists and Wisniewski added three assists Wednesday for the Ducks, who return home where they've won three of their last four contests. Ebbett has two goals and three assists in his last three games.

Jonas Hiller made 34 saves against Colorado to improve to 18-14-1 with a 2.29 goals-against average. He is 1-1-0 with a 2.54 GAA versus Edmonton, but Jean Sebastien-Giguere could be in net for this game.

Giguere is 19-17-5 with a 3.06 GAA and hasn't faced Edmonton this season. He is 5-11-2 with a tie and a 2.88 GAA against the Oilers.

Ales Kotalik and Ales Hemsky each had third-period goals as Edmonton tried to rally from a three-goal deficit against the Coyotes. Hemsky also added an assist for the Oilers, who have been outscored 9-4 during their skid.

Hemsky, who has a career-high 22 goals, has four points in his last four games overall and six goals with eight assists in 17 career matchups against Anaheim.

Dwayne Roloson made 20 saves against the Coyotes in his 30th straight start to extend his team record. Likely to be back in net, Roloson is 26-20-9 with a 2.76 GAA, and 7-6-2 with one tie and a 2.46 GAA against the Ducks.

The teams conclude their season series Tuesday in Edmonton.

2008-2009 season series
DateScoreW. Goal
Mar 31 '09 ANA 5 at EDM 3 R. Niedermayer
Mar 27 '09 EDM 5 at ANA 3 K. Brodziak
Dec 19 '08 ANA 3 at EDM 2 - SO C. Perry
Oct 15 '08 EDM 3 at ANA 2 L. Visnovsky
A. Hemsky65224062-22242
S. Souray74212748+196104
S. Horcoff73163248+33982
P. O'Sullivan74152641-42821
T. Gilbert7543640+52221
A. Kotalik68172239-73291
A. Cogliano75171936-52034
D. Penner72171936+85655
S. Gagner69142236+05151
D. Grebeshkov6552833+73020
L. Visnovsky5082331+63051
R. Nilsson6091928+12641
E. Cole63161127-36351
E. Moreau70141125+112902
K. Brodziak73111425+52113
M. Pouliot6281220+12302
S. Staios7321214-48500
L. Reddox455712-51010
F. Pisani315712+01400
L. Smid5901111-65700
Z. Stortini475510-215900
J. Strudwick65279-26000
G. Brule11213-31201
R. Potulny8033+2000
R. Schremp4033+2200
S. MacIntyre20101-23600
J. Jacques4101+2900
T. Peckham10000-14800
J. Boulerice2000+0000
T. Sestito1000+0000
D. Roloson5827-20-915218112.76.916
M. Garon156-8-0434083.17.895
J. Deslauriers83-2-0252253.57.889
R. Getzlaf74255580+110392
C. Perry71273663+510388
S. Niedermayer75123749-136282
B. Ryan57242448+122892
C. Pronger75103646-27832
T. Selanne58232245-524155
C. Kunitz62161935+95532
A. Ebbett4172128+6660
E. Christensen5761925-91810
B. Morrison62101222+01612
S. Montador6541620+1412500
J. Wisniewski4131619+72810
R. Niedermayer7212618-173201
R. Whitney4121618-142210
S. Pahlsson5251015-163211
T. Marchant6541115-33200
T. Moen634711-177701
G. Parros675510+912300
R. Carter48369+35201
D. Miller20369+01300
P. Nokelainen43347+21600
B. Sutherby17336+61900
K. Huskins33246+62700
B. Hedican51156-73600
F. Beauchemin18415-41202
B. Festerling40055+51800
B. May20055+52800
M. Brown41123-813301
S. Brookbank37033+36700
B. Mikkelson29011-21500
N. McIver18011+23600
B. Salcido2011+2000
T. Bodie4000+0000
K. Klee3000+0400
M. Beleskey2000+0000
J. Giguere4519-18-512712653.13.900
J. Hiller3918-14-17810042.25.922


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Nate Morris on Boyz II Men’s Show in Las Vegas & More

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Boyz II Men has achieved their fair share of success since four high-school friends from Philadelphia hooked up to sing. Discovered by New Edition member Michael Bivins backstage at a concert, they told their big break story in the song “Motownphilly.” Now a trio, Nate Morris, Shawn Stockman and Wayna Morris are are heading to Las Vegas where they will begin a long term residency like George Wallace, Toni Braxton, Celine Dion and others have done.

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Monday, May 24, 2010

[GADGET: stroller] unboxing: Orbit Baby G2 Stroller

I initially had plans in importing the toddler portion of the Orbit Baby stroller system to Canada. I was thinking hard about the useless infant car seat feature that would have made the purchase more sensible. So I leaned instead toward the Bugaboo Cameleon Red Edition. At the last minute, I finally got word that the newly released second generation model dubbed - Orbit Baby G2 - is coming to Canada. The infant car seat was certified and approved so it was just basically waiting for it to arrive.
But where? Who will be carrying it? My favourite baby store, Babies World, wasn't going to be carrying it on the first round. Oribt Baby made their announcement and released the list of Canadian dealers. It turns out there are only seventeen (17) dealers. Two of which are in BC. I don't know why the others passed on it. Maybe they were afraid it was going to go the route of Stokke which was expensive, but not exactly a good seller.

So I put myself on the list so one of the dealers can call me when it arrives. In the meantime, I search online for more information to keep me occupied and interested. There are a few useful YouTube videos. Lots of user-supplied photos of their babies on the stroller in the official Orbit Baby Facebook page. But I wanted to see more details of the stroller itself. The illustration on the manual was good and simple, but I wanted actual photos. So here is my own version in showing the stroller. Enjoy.

The 3 boxes arrive - (clockwise) a box four feet in length contains the stroller frame with toddler seat, the smallest box is the panniers which carries over from the first generation, the bottom box contains the infant car seat and car seat base.

The panniers come in mocha or black. No ruby/red version available for the newly introduced colour. They make the stroller visually wide, but is a good addition to the supplied cargo pod for the bottom of the stroller which is quite frankly a bit small when compared to the other strollers that have their baskets fully opened when installed rather than closed.

Opening the box of the panniers, you are greeted with simple instructions on where and how to place it. These also come with yellow rain covers to protect the contents. Perfect for some light shopping as well as when going to the farmer's market.

Because of the higher pricing in Canada, the distributor and it's dealers are giving Canadians a price break if you purchase the stroller frame ($599.00), toddler seat ($279.00), infant car seat + car seat base ($489.00) collectively as a set known as the Orbit Baby Travel System G2 Bundle ($1,299.00). When purchased separately, they would cost $1,367.00 which means a savings of $68.00. Wow. In the USA, they would total $1,150.00.

Because the infant car seat technically has an expiry date, it's nice to see the manufacture date right on the outside of the box so you can inspect how "new" it is before making a purchase.

The first box I opened contained the stroller frame and toddler seat.

You will be greeted with the welcome kit which includes the easy to follow assembly illustration as well as the manual and warranty.

Going beyond that and you will see the items in question properly wrapped in plastic.

Pulling all the parts in the box and this is what you will essentially receive - (left to right) stroller frame and four wheels all individually wrapped, toddler seat, metal foot rest (not found on the first generation), cargo pod in the same shade as your chosen colour.

This is how the frame looks like when pulled out of it's plastic wrapping.

The second generation has a single cup holder in the middle which is deeper than the first Orbit stroller (which had two shallow holders). The single, deeper holder also has two side indents to hold items like keys and and an mobile phone.

You will also notice a much improved rubber handle bars versus the earlier foam grips.

Here is the frame unfolded in all it's glory without any fanfare. It should be a one-handed fold, but in reality you will have to unlatch the single plastic safety hook before you are allowed to twist the bar that allows the handles to collapse.

This is the plastic piece I was referring to that you will have to unlatch from the frame before you can do the one twist maneuver.

The four wheels are protected with plastic and black rubber boots on it's ends so it doesn't get dinged or bent when handling the box.

The rubber boot protecting the metal end of the tire.

Remove and insert into the rear hold of the stroller frame until it clicks into place.

These are solid tires that don't go flat and doesn't need air. Unlike other strollers, these remind me of low-profile sports car tires. In similar fashion, these handle in a firm manner versus a softer suspension on strollers with a bigger sidewall.

The rear is also where you will find the brakes which you will use foot action to engage and disengage the lock.

The front tires have a similar rubber boot protecting the metal portion. The tires are similar in construction with the rear except that it's smaller.  You will notice the low profile nature of the solid tires.

Once again, remove the rubber boot and insert the metal rod onto the front part of the frame until it clicks. You will also notice on the frame an elongated plastic piece which is used to lock the front wheels so it doesn't rotate in a free style manner when going over unpaved roads.

This is how the front tires look when assembled.

Once again, the stroller frame. This time with all four wheels attached.

Profile view of the frame and tires. Notice how the centre "smart hub" ring is now in a white plastic colour versus the first generation which had a metal ring and a black plastic accent around. The second version looks more plain to me and has no visual impact unlike the first generation.

Now onto the infant car seat unboxing.

Once again, it's nice to see how each piece is fully wrapped in plastic. You will notice the included infant insert which you will later remove as the baby grows taller.
The infant car seat is already attached to the car seat base which is pretty hefty together. So be careful when pulling it out of the box as both are coming along for the ride.

Once you remove the infant car seat from the seat base, you will see how good the construction is of the seat base with it's shiny metal ring. I would have preferred they kept the same design on the hub of the stroller frame. However, I realise how heavy this would have been with the first model.

I was curious if the leather seats might be scratched by installing the seat base, but you will see the underside has a rubber covering. Still might be a good idea to protect your leather seats from any long-term indentation especially if you plan to sell your car.

So there you have it. For the actual assembled photos of the stroller in different configurations, that you will find aplenty around the web. Hope this helped familiarise yourself to the Orbit G2 system the same way I wanted to familiarise myself when I was still shopping around for a stroller and wanted to know more about the Orbit and not just how good it looked assembled.

Sunday, May 23, 2010

[GADGET: stroller] Orbit Baby G2 Stroller vs Bugaboo Cameleon Red Edition

With a baby on the way, we've been window shopping to check not only what's available but also what the prices are these days. The last thing I'd want to do is buy everything at the last minute and especially on impulse.

One of the items I've particularly been focusing on is a stroller. These things vary in pricing and features that you may end up unable to narrow your selection down to one.  You definitely have to do a lot of in-store testing before you decide on what's right for you. With so many different selections available,  you won't end up getting every desired feature all in one model. In fact, you'll see and read how people invest in more than one kind depending on the activity they are doing. So if your budget only allows for one, then you definitely have to do a lot of testing. That means DON'T ever buy a stroller at the first take. Go to a lot of baby stores in your area and don't be persuaded by sales talk and promotions. If they push you to buy right there and then than allow you to take your time, I would avoid that store altogether. Items like these will stay with you for quite some time so you will definitely get your money's worth. The best advice is to shop for a stroller that fits one's lifestyle. This may sound like a no-brainer advice, but trust me the moment you see the wonderful (and cool) features in each and every stroller your mind is going to wander off and think of the possibilities you can do and palces you can go with your baby in the stroller. Suddenly what you think you were shopping for isn't what you're now looking for. Be true to your lifestyle and get one that is convenient for what you really are going to do majority of the time.

As for me, I narrowed my selection down to the Bugaboo Cameleon Red Edition (for it's included bassinet, sleek all-black frame and two-wheel capability) and an Orbit Baby G2 (for it's 360 rotation and ease of docking on the stroller or vehicle).

Here's my pros and cons between the two:

Bugaboo Cameleon Red Edidtion

  • Bassinet INCLUDED (The aluminum frame is shared between bassinet and the toddler seat. You replace the fabric when you are ready to switch to the next stage).
  • Mosquito net and  Rain cover INCLUDED.
  • Soft, plush suspension (like a Luxury car).
  • Solid no-pump tires.
  • Large rear wheels for uneven roads.
  • Convertible to two-wheels for unpaved roads.
  • One continuous handle bar with foam that can be reversed to have either the bigger wheels be at the front for more difficult traction like sand or snow.
  • All-black frame (versus the regular silver colour).
  • Customizable look by buying different fabrics to create a more personalized stroller
  • Able to hold various infant car seats by purchasing an adapter.
  • Spacious underseat basket
  • Wheeled board attachment to let a child "piggy-back" by standing at the back.
  • Lots of accessories available - Foot muff, iPhone Red Edition holder, Parasol, Cup holder, etc.
  • Reversing the handle bar is cool to have the bigger wheels up front. However, the smaller wheels are now protruding and can get in the way of your feet when walking.
  • The two-wheel action is available, but will need to be used with care.
  • The traditional docking approach of the seats - facing front or rear - means more care in ensuring the two points are properly aligned as well as inconvenient posture.
  • No provision for a second seat.
Orbit Baby G2

  • 360 degree rotation with 4 lockable positions for the baby - forward-facing, rear-facing, side-facing (aka "restaurant mode"). No parasol accessory needed as you can make your baby completely face away from the Sun.
  • 360 docking ability. Approach from any angle without twisting your body or moving the stroller around to align the two docking points. The same is true when docking the infant car seat on your vehicle.
  • "orbit green" certified fabrics which features non-harmful substances and chemicals as tested by the International Oeko-Tex Association
  • The G2 model now features no-pump air tires.
  • Firm suspension for better handling (like a sports car)
  • High tech parts and materials including the use of Aerospace grade aluminum on the stroller, aluminum alloy on the latches, 1680D Ballistic nylon outer skin for better durability and longer wear and tear.
  • Removable bottom "cargo pod" that comes with a strap to carry around.
  • Easy folding and unfolding (after removing the locking mechanism).
  • Improved rubber handle bar grips versus foam grips on the first generation and on other strollers.
  • Modern design that sets it apart from other strollers.
  • Additional side baskets or panniers available for purchase to allow more cargo room.
  • Proprietary "SmartHub" that locks you into purchasing only Orbit products.
  • Cargo Pod is smaller than other baskets and has no option to remain open to retrieve and dump stuff in unlike other strollers
  • The purchase of additional panniers creates a wide stroller that may be a bit inconvenient when shopping in a crowded area.
  • Rain shield and mosquito net (aka Weather Pack) is not included and purchased separately.
  • Bassinet is available separately and a bit pricey and bulky considering it will only be used for 6 months.
  • No provision to attach a wheeled board for a child to ride along.
  • No provision for a second seat attachment.
  • Limited capability on unpaved roads.
 Overall, if you've narrowed your choice down to these strollers. You really won't make a mistake choosing either. They are both similar in price. One has a bassinet included (Bugaboo Cameleon), while the other requires a separate purchase of a bassinet (Orbit G2). However, if you compute by having to equip both with an infant car seat and a bassinet then the pricing is similar. In that case, it all boils down to ease of accessing the features and looks. And that is what you alone can decide upon.

Sunday, July 26, 2009

[food: dessert] Hamcakes by

I won a foodie contest over at EatMoreHappy. I took delivery of a dozen HAMCAKES. What is it? Well it's a cupcake re-imagined and re-assembled to look like a miniature hamburger.

Anita C. created these wonderful dessert delights in a mad scientist presentation. Not only did I receive a dozen hamcakes, I also had what resembles french fries and ketchup condiments to complement the hamburger-themed miniature cakes.

I took one of each out and arranged it on a plate so I can pretend I'm eating a "value meal" in a dessert plate. It's that small.

Except that it's dessert I'm eating which makes it more fun if you just ate a real burger and fries combo and then carry on to your dessert portion which looks like what you just ate.

The french fries were like shortbread cookies:

What's fun about it is that it not only was cut properly, it was visually completed with uneven browning to resemble the potato skins.

While the ketchup condiment was actually frosting. So you know how they slather ketchup on your burger and some think it's not enough so they ask for a packet or two of more ketchup. The same idea is presented here. I already have frosting on the hamcakes care of the yellow cheese, green lettuce leaves and red ketchup.

But it's perfect because I want even more frosting on my cakes. So I can dip my hamcakes on the "condiment".

And in case you didn't notice, what hamcake would not be presented on a sesame seed bun, right?

Finally, the "meat patty" was some soft, chewy, chocolate concoction. Here's my burger, I mean hamcakes, split into two.

Thanks again to Anita and her mad skills. How else can a foodie enjoy, but in artistic creations like these. It's difficult, I know, but someone has to eat it.

Enough of this dissecting. It's time to get back to business...of eating, that is.

Thursday, May 7, 2009

[GADGET : lapdesk] Logitech Comfort Lapdesk

Logitech formally announced the Comfort Lapdesk for Notebooks on December 8, 2008 with expected availability first for the European market by January 2009 and for the U.S. by February 2009.  By January it was already available in the U.S. market via Amazonin very sparse quantities.

The product's intentions for notebooks, like other existing "lapdesks", was to help dissipate heat and shield the same from direct contact with skin, as well as provide a stable platform with the end-means of providing overall comfort. Hence, Logitech Comfort Lapdesk.

Ever since it's announcement, I've been waiting for it to reach the Canadian shores and even participating in Logitech's blog site (Blogitech) to hopefully convince them that there is interest on the product.  How hard can it be, we're just a stone's throw away from the U.S.  Anytime after it's availability in Amazon, it won't be long before the Logitech distributor makes it reach here as well.

As of May 7, 2009 (five months after it's announcement) there seems to be no hope of the product ever going to be made available locally here.  In fact back on the Blogitech site, Logitech has confirmed on April 29, 2009 that it wasn't good news for the Canadian market.

Well, that's a shame and a loss for the Canadian Logitech distributor for not having the early foresight to carry a product as sleek, modern and functional as this.  For a very simple device and an attractive price, it could have been a winner that attracts both Mac and PC notebook users.

As for me, I didn't bother waiting.  I purchased from Amazon and had it shipped to me. Costly? Perhaps.  Worth it?  Definitely.  With a base price of USD39.99 and spending more for the exchange rate conversion and cross-border shipping, the product has finally arrived at my door.

Product packaging is simple - a see-thru plastic wrap on the product covered overall with a colourful printed cardboard.  No further waste of material.  Once you get passed the packaging, you are greeted with a glossy white plastic base for which to place your notebook of choice.  I wouldn't want to sound too much of a hypocrite (having had our iBook stolen two years ago and deciding to  switch  to a Sony Vaio based on our budget), but Macs definitely would look more at home with this product.

Dimension-wise.  It's large.  In fact it's larger than any large notebook I know (and can rightfully accommodate it).  Try a dimension of L x W x H (18.03 x 11.26 x 2.87).  Take that 17" notebooks!  Surface-wise.  It's glossy.  So glossy, the white surface shines.

The reverse side is the miracle material.  A light grey mesh fabric that's soft and ultimately comfortable as it rests on your legs.

Logitech has designed the product to curve giving it a 12 degree angle so that it elevates the notebook bringing the screen closer to you than have you bend forward.  The result of which is a more comfortable surfing experience.

The weave material is very elegant.  It helps wrap an inner cushion, but also elevates by providing air pockets in between the material and your skin.

Because of it's size, it's also stable on your legs.  There's no wobbling here.  It just simply sits planted there.

It has a very simple design and that's a good thing.  With the muted colours, it can ideally blend in to any type of home decor.  When not in use, it can just tuck away underneath a bed, sofa or couch.  Or it can stand vertically on the side of any furniture.

If I were to rate this product from 1 to 5 stars, I would give it a 4.  It's not nearly perfect.

First, the problem is that given it's massive dimension, there is space for more than a notebook. Depending on the size of your notebook, a notebook mouse can even operate along-side it.  But because of the glossy surface, laser mice need not apply here.  But I guess this was not the intention of the designer.  Well, how about the ability to add a piece of material to change part of the glossy surface and enable a laser mouse for those interested.  In the meantime, I'm adding one of those paper-thin mouse pads.

Second, notebooks with small rubber feet will have to work harder to try to stick to the surface.  If you want to leave the notebook planted on the Comfort Lapdesk for eternity, it may eventually start to slide away because of the angled surface that is raising one side higher.  As with the case of the Sony Vaio notebook and it's tiny rubber feet, the next morning it has already slid down on one side.  If that was the edge of the sofa, you can imagine the disaster. The work-around is to have a stack of magazines and let the flat surface rest on it while elevating the angled portion.  Viola!  No more mysterious sliding notebook by next morning.

Third, it's really big.  I wouldn't be surprised if Logitech introduced a smaller size of the same product for netbooks and a MacBook Air.  I wouldn't mind using a 13" notebook with this present dimension if, again, it had the ability to accommodate using a mouse in the process.

Overall, at USD39.99 and with a 3-year limited hardware warranty it's a purchase I don't regret even if I had to do some cross-border shipping just to obtain one in Canada.


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After Hours
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After Hours Vol 28.6K
Aug 28, 2015 EDTComprehensive quote
At Close
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Aug 28, 2015 EDT

Avg Vol (65d)1.4M
Day Range$56.87 - $57.90
52 Wk Range$27.60 - $61.95
Market Value$5.3B
Ytd net Change52.1%
1 Yr net Change12.5%
P/E Ratio(TTM)17.75
Div & Yield$1.20 (2.09%)
Day Low 56.8757.90 Day High
Close 57.33Open 57.48

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Major Holders

NameShares Held% OutstandingChange in Shares% of AssetsAs Of Date
Fidelity Growth Company Fund4.25M4.59%00.49%06/30/15
American Funds Growth Fund of America4.19M4.53%00.15%06/30/15
American Funds AMCAP Fund4.15M4.49%4.15M0.47%06/30/15
American Funds Insurance Series - Growth Income Fund2.37M2.56%00.49%06/30/15
Fidelity Blue Chip Growth Fund2.18M2.36%00.52%06/30/15
Janus Contrarian Fund1.82M1.97%-358.66K2.27%06/30/15
American Funds Insurance Series - Growth Fund1.7M1.85%00.38%06/30/15
First Trust Consumer Staples AlphaDEX Fund1.44M1.56%939.62K2.52%07/31/15
American Funds Small Cap World Fund1.39M1.51%230K0.25%06/30/15
Vanguard Small Cap Index Fund1.23M1.34%8.12K0.11%07/31/15
NameShares Held% OutstandingChange in Shares% of AssetsAs Of Date
Icahn Associates Holdings LLC17M18.4%02.82%06/30/15
Fidelity Management & Research Co.12.79M13.84%-395.19K0.08%06/30/15
Capital Research & Management Co. (Global Investors)11.18M12.1%00.13%06/30/15
Capital Research & Management Co. (World Investors)4.44M4.81%230K0.04%06/30/15
The Vanguard Group, Inc.4.21M4.55%131.04K0.01%06/30/15
Credit Suisse Securities (USA) LLC (Broker)2.68M2.9%-222.87K0.15%06/30/15
BlackRock Fund Advisors2.35M2.54%-25.54K0.01%06/30/15
Nordea Investment Management AB (Denmark)2.09M2.26%-732.23K0.22%06/30/15
Janus Capital Management LLC2.03M2.2%-440.07K0.12%06/30/15
Soros Fund Management LLC1.97M2.13%-1.48M1.16%06/30/15
NameShares HeldAs Of Date
William P. Stiritz7.59M04/3/15
Michael O. Johnson1.55M03/5/15
John M. Tartol186.5K05/7/15
Robert Levy170.48K02/11/15
Richard P. Goudis163.2K02/27/15
John G. DeSimone122.08K02/27/15
Desmond J. Walsh122.08K02/27/15
David Pezzullo60.05K11/7/14
Richard P. Bermingham27.26K05/7/15
Miguel Angel Fernandez Calero12.53K02/11/15

Copyright 2015 FactSet Research Systems Inc. All rights reserved. Source: FactSet Fundamentals

Key Stock Data

Shares Outstanding92.41M
Latest Dividend$0.30 (Mar 18, 2014)
Dividend Ex-DateFeb 28, 2014
Institutional Ownership105%
Revenue Per Employee$597,111
Short Interest23.73M (8/14/2015)
Short Interest Change+4.97%
Percent of Float28.82%
Net Money Flow$-388.8K
Money Flow Ratio0.94%

Herbalife Ltd. is a global nutrition company. It offers range of science-based weight management products, nutritional supplements...

Key Executives

Michael O JohnsonChairman & Chief Executive Officer
Desmond J WalshPresident
Richard P GoudisChief Operating Officer
John G DeSimoneChief Financial Officer
Steve Yair HenigChief Scientific Officer

Competitors (HLF)

Symbol% ChgMarket Cap
Competitor Data Provided By:capital cube


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Hampton Portable Beverage Cooler

Hampton Portable Beverage Cooler

Keep your drinks ice cold while making a tasteful statement. Crafted from handsome faux scotch grain leather. Handy beverage opener is attached inside. Measures 15 in diameter and 11 in length.

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Personalized Angel 'Celebrate The Season' Christmas Ornament

Personalized Angel 'Celebrate The Season' Christmas Ornament

This pewter finish cast metal angel Christmas ornament makes a cherished keepsake when personalized to commemorate this special Christmas. Includes 3 engraved lines.

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Personalized Deluxe Unity Candle Set

Personalized Deluxe Unity Candle Set

This Deluxe Unity Candle Set is hand printed and hand polished. Includes 3"x 9" banded unity candle, candle stand, two6" dripless taper candles, and two 3"x 6" pillar candles. Your choice of four ribbon colors.

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  • 21st Birthday Gifts

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Current weather

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  • 70°
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Athens Area Outdoor Calendar

May 3

What: Kids Fishing Event

Where: Walton County, Mathews Park, East Marble Street, Monroe, GA 30656

What: 100% Payback Bass Tournament

Where: Lake Oconee, Sugar Creek Marina

Contact: (678) 283-8006

What: BFL Savannah River Trail Bass Tournament

Where: Lake Hartwell, Tugaloo State Park

Contact: (270) 252-1000

May 4

What: HD Cup Bass Tournament

Where: Lake Lanier, Little Hall Ramp

Contact: (770) 614-4080

What: Robby’s Trail Bass Classic

Where: Lake Jackson, Berry’s Marina

Contact: (770) 712-5760

May 10

What: 3-D Outdoor Archery Shoot

Where: Buckeyes/Social Circle Ace Home Store, Social Circle

Contact: (770) 464-3354

What: Kids Fishing Event

Where: Victoria Bryant State Park, 1105 Bryant Park Road, Royston, GA 30662

Contact: (706) 245-6270

What: NWTF JAKES Day/Kids Fishing Event

Where: Charlie Elliot Wildlife Center, 543 Elliot Trail, Mansfield, GA 30055

Contact: (770) 784-3059

What: ABA-AFT Division 72 Bass Tournament

Where: Lake Hartwell, Gum Branch Ramp

Contact: (478) 714-1272

What: B.C. Crowell Scholarship Catfish Tournament

Where: Lake Oconee, Fish Tale Marina

Contact: (678) 212-7028 aims to foster constructive, respectful civic conversation. With your help, we will provide a friendly, safe, easy to use place on the Web for everyone in the area to share not only opinions but also information of community interest. Racist, harassing, abusive and libelous comments will not be tolerated.

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Joel Gregory: Pay mayor on performance basis

Posted: Wednesday, January 20, 2010

As much as most of us want to keep our government in check and taxes low, the current $45,000 annual compensation for the position of mayor of Athens-Clarke County is too low.

We need someone as mayor who can lead Athens-Clarke County forward by bringing jobs to our area. We need someone who can bring the community together and solve the many difficult issues that need to be addressed. I think $65,000 to $75,000 would be a good number. This could be achieved by some type of pay-for-performance system so that the mayor and the city would benefit from a job well done.

Joel Gregory

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Athens' Dunta Robinson one happy Falcon

Posted: Wednesday, April 21, 2010

FLOWERY BRANCH - Dunta Robinson hasn't forgotten being spurned by the home team.

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File / Staff

As a high school senior defensive back at Clarke Central in 1999 and 2000, Robinson anticipated an offer to play football at the University of Georgia.

He waited. And waited.

It never happened.

"It was one of those situations I didn't understand," Robinson said. "My junior year I was under the impression that I was one of the guys they really wanted to come and play at the University of Georgia."

Jim Donnan was coaching Georgia at the time, and Robinson said Donnan recruited him hard his junior year. But during his senior year as a Gladiator, Donnan didn't call much.

Neither did Donnan's defensive coordinator.

"What was the defensive coordinator's name? I can't think of his name right now," Robinson said. "I'll think of it in a minute."

But like any story involving adversity, it's hard to forget.

"Kevin Ramsey," he eventually remembered.

Robinson made it no secret his dream was to play at Georgia. But like a lot of dreams, sometimes they're not meant to be. Instead, he ventured three hours north to play football at South Carolina.

The rest is history: Five interceptions during his last two seasons at South Carolina and drafted by the Houston Texans with the No. 10 overall pick in the 2004 NFL draft.

After six seasons in Houston, where he compiled 13 interceptions 54 pass deflections and 329 tackles, Robinson has returned to Georgia after signing a six-year, $57 million deal with the Atlanta Falcons in March.

"After not being recruited by the Bulldogs and not being drafted by the Atlanta Falcons, I kind of figured that dream would be over, that it was a dream that wasn't going to come true," Robinson said.

"This was totally unexpected. When I got the phone call from Atlanta I didn't even want to take any other calls from any other teams. I wanted to make that happen. To come and play in front of the hometown crowd, a place where you were raised. It's definitely a dream come true. I'm still excited."

Back in the Classic City

Since offseason workouts started, Robinson has commuted to the Falcons' headquarters in Flowery Branch from Oconee County, a drive of barely more than an hour each way. He's staying with his parents while his Suwanee home is being completed in the next two months.

Ten years have passed since Robinson last spent meaningful time in his hometown, which makes him that much more grateful to be playing in Atlanta.

"The opportunity to see my friends and my family on a daily basis has been a lot of fun," Robinson said. "It brings back a lot of memories. When you're gone away, you tend to forget the way people are when you're around them every day. I'm getting that feeling again and it's been a lot of fun."

When he arrived in Athens, Robinson said he had to visit a few restaurants he'd missed while in Houston: Food for the Soul ("That's some of the best soul food that I've ever had besides the way my grandmother cooks," he says), The Varsity, Shane's Rib Shack and Zaxby's.

"That's kind of my circle," he joked. "I go from one to the other."

One place he was happy to visit was his former high school, Clarke Central. Still a devoted Gladiator, Robinson watched online as Clarke Central battled Sandy Creek in the Class AAAA state championship game - a game it lost 29-15.

"To see those kids to the point they were in, it made me very proud to be a Gladiator," Robinson said. "At one point we were the cream of the crop, but things kind of died down. I think now it's getting back to that point where Clarke Central is once again going to dominate high school football in the state of Georgia."

Robinson said he's been in touch with Clarke Central coach Leroy Ryals and has a football camp scheduled at the high school on May 16.

"I'm just trying to bring little league football back to Athens, Ga., and make it more powerful than it's ever been," Robinson said.

Back to the football field

For the Falcons, acquiring Robinson made a lot of sense.

In 2009, Atlanta ranked 28th in the NFL in pass defense, allowing 242 yards in the air per game.

The Falcons franchise hopes Robinson becomes the lock-down cornerback they've missed in the lineup. He also helps Atlanta with this year's NFL draft, beginning Thursday, since the Falcons won't have to select a cornerback with the No. 19 pick in the first round.

"Dunta is a very important part of this team going forward," Falcons general manager Thomas Dimitroff said. "But what (his signing) really did was change the approach to this draft drastically in my mind. It allowed us to go back and contemplate the offensive side of the ball, as well."

While Falcons defensive back Brian Williams has played in the NFL longer, Robinson's high-profile addition provides a different kind of veteran leadership, Falcons safety Thomas DeCoud said.

"This is another addition of a guy that's been in every situation," DeCoud said. "He's a guy that's been in the league for a while now. He's seen and done everything, so to speak. He's another guy that has that been-there-done-that mentality and can keep guys calm, because we're a young secondary. We need that veteran leadership and that veteran swagger to keep us going."

Cornerback Chris Owens, entering his second season in the NFL, said he learned how to work in the offseason by using Robinson as an example.

"Even though I'm going into my second year, this is my first offseason as a rookie," Owens said. "I see what it takes during the offseason. The time he puts in, I see what it takes in order to be a great player like he is. That's what I'm learning from him."

In addition to coming home, Robinson believes he has a chance to win in Atlanta.

"I really wasn't too sure if winning right now was (Houston's) main focus," Robinson said. "I'm going into year seven of my career and time is getting short. It's time to win football games and now I'm in a place where I think that's the No. 1 priority."

Robinson hopes to regain his form from before he tore the anterior cruciate ligament in his right knee in a game against Oakland in 2007. He said he spent 2008 getting back into game shape - playing 11 games and starting six - and 2009 attempting to stay healthy (starting each game).

Robinson believes he is one of the NFL's five best cornerbacks, adding there was no one better at his position prior to the setback.

"Before my injury, I really don't think there was a corner better than me in the National Football League," Robinson said. " ... Now my goal this season is to be the best cornerback again. And that's what I'm working toward. If you don't believe you can be the best, then you really don't need to step out on the field in the National Football League. Those are the things I strive for and those are the things I'm working toward."

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Wheel rims taken from man's porch

Posted: Wednesday, June 08, 2005

Wheel rims valued at $1,700 were stolen from the front porch of a Reed Street residence between May 30 and last Thursday, the owner told Athens-Clarke police.

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text:
• IARC;
  • variants;
  • cancer genetics;
  • classification;
  • recommendations

Genetic testing of cancer susceptibility genes is now widely applied in clinical practice to predict risk of developing cancer. In general, sequence-based testing of germline DNA is used to determine whether an individual carries a change that is clearly likely to disrupt normal gene function. Genetic testing may detect changes that are clearly pathogenic, clearly neutral, or variants of unclear clinical significance. Such variants present a considerable challenge to the diagnostic laboratory and the receiving clinician in terms of interpretation and clear presentation of the implications of the result to the patient. There does not appear to be a consistent approach to interpreting and reporting the clinical significance of variants either among genes or among laboratories. The potential for confusion among clinicians and patients is considerable and misinterpretation may lead to inappropriate clinical consequences. In this article we review the current state of sequence-based genetic testing, describe other standardized reporting systems used in oncology, and propose a standardized classification system for application to sequence-based results for cancer predisposition genes. We suggest a system of five classes of variants based on the degree of likelihood of pathogenicity. Each class is associated with specific recommendations for clinical management of at-risk relatives that will depend on the syndrome. We propose that panels of experts on each cancer predisposition syndrome facilitate the classification scheme and designate appropriate surveillance and cancer management guidelines. The international adoption of a standardized reporting system should improve the clinical utility of sequence-based genetic tests to predict cancer risk. Hum Mutat 29(11), 1282–1291, 2008. © 2008 Wiley-Liss, Inc.


text:
• mammography;
  • health disparities;
  • breast cancer;
  • cancer screening

OBJECTIVE:  This paper describes trends in screening mammography utilization over the past decade and assesses the remaining disparities in mammography use among medically underserved women. We also describe the barriers to mammography and report effective interventions to enhance utilization.

DESIGN:  We reviewed medline and other databases as well as relevant bibliographies.

MAIN RESULTS:  The United States has dramatically improved its use of screening mammography over the past decade, with increased rates observed in every demographic group. Disparities in screening mammography are decreasing among medically underserved populations but still persist among racial/ethnic minorities and low-income women. Additionally, uninsured women and those with no usual care have the lowest rates of reported mammogram use. However, despite apparent increases in mammogram utilization, there is growing evidence that limitations in the national survey databases lead to overestimations of mammogram use, particularly among low-income racial and ethnic minorities.

CONCLUSIONS:  The United States may be farther from its national goals of screening mammography, particularly among underserved women, than current data suggests. We should continue to support those interventions that increase mammography use among the medically underserved by addressing the barriers such as cost, language and acculturation limitations, deficits in knowledge and cultural beliefs, literacy and health system barriers such as insurance and having a source regular of medical care. Addressing disparities in the diagnostic and cancer treatment process should also be a priority in order to affect significant change in health outcomes among the underserved.


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This tile sends four "vines" up the facade of a Moorish Revival building on 27th and Vliet Streets.
This tile sends four "vines" up the facade of a Moorish Revival building on 27th and Vliet Streets.

5 views of the tiles of Vliet Street

Some streets in Milwaukee seem to specialize in different features, though it's often subtle and surely not even really true. It's just more the things that catch our eye on our daily commute.

That's what led me to begin to notice and appreciate the relatively fancy facades on industrial buildings along State Street.

And, lately, I've been noticing how many buildings on Vliet Street have facades featuring different kinds of tile work. Here are some of my favorites.

1211 W. Vliet St.

The Wisconsin Architecture and History Inventory calls this gorgeous two-story storefront, "Probably the best preserved example in Milwaukee of the use of stock terra cotta tiles with Art Deco motifs to decorate a small store." Built in 1922, the structure long housed a furniture store and appears to be vacant at the moment. The cream-colored terra cotta is highly ornate, with yellow and rust-colored highlights, and "Wile Bldg." written is grey script. Alas, I have been unable to determine the architect responsible.

1307-11 W. Vliet St.

Martin Tullgren & Sons were the masters of glazed terra cotta in this town and you may recognize their buildings like the one 60th and North, the Downtown home of George Watts & Son and the Prospect Avenue building that was once home to the Avant Garde Coffee House and now houses Mystery One Bookstore and Allium restaurant, among others. But drive around town and you'll see that this eye catching cream colored tile, sometimes stark white, and often decorated with motifs like these, are everywhere. This example was built in 1923.

2717 W. Vliet St.

This Moorish Revival building on the southwest corner of 27th and Vliet was built in 1926 and you should drive past sometime to admire the alluring lines of the entry and a similar pattern around the second story windows in the central bay. But especially eye-catching are four vertical strips of painted tile bearing this twisting climbing vine motif, and a series horizontal panels that span the facade between the first and second floors.

3104-06 W. Vliet St.

I'm especially enamored of this 1931 Moderne gem of a facade with empire lines in emerald green and white running up to the second story lintels where the cream colored brick flares out, creating a look that feels soaring, even on a two-story building. Four courses of dark glazed terra cotta tiles run along the lower edge of the facade, giving the building weight at the bottom. The windows in the door are Deco-rative and the transoms above are leaded.

3314 W. Vliet St.

Once the hideous, hand-lettered B.A.L.A.N.C.E. sign came off this small, single-story 1947 red brick building (storefront? industrial?), this tiled sign announcing the building -- in green tile -- as the home "The Haight Co." was revealed. The curved corners of the building have always been attractive, but seeing the original sign re-appear has rendered this facade even more noticeable. The Haight Co. -- founded by Hiram Haight in 1923 and purchased in the 1970s by Baker Water Systems -- manufactures rotary gear pumps for fire protection, process manufacturing and restaurants. There's a sales office in Brookfield but the pumps are no longer made in the Milwaukee area.

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It's an (American) girl!

Posted on 9:00 PM by
There's a new member of our family. It's an American Girl. Her name is Julie Allbright and she's groovy!

At the beginning of our Route 66 road trip, Paris and I made a deal: If she behaved, I would buy one doll at the American Girl store in Chicago. We created a doll fund and put away $8 on each day of our vacation—a lesson in earning and saving.

After two weeks of "behaving" in the backseat of the car, Paris finally made it to American Girl Place (watch the video above). She took the event quite seriously, insisting that I iron her dress, part her hair, and loan her some lip gloss before we hopped on a bus to Michigan Avenue.

I was skeptical of American Girl. I'm easily turned off by toy companies with overzealous marketing. But when we walked into the store and I looked at my smiling daughter, I embraced the moment. I didn't even roll my eyes when we peaked into the hair salon where you can pay up to $25 to have your dolls' hair styled. If our budget wasn't so tight, I would have handed over my credit card for braids in Julie's hair.

Paris arrived at the store knowing that she wanted Julie Allbright, described in the catalog as "a fun-loving girl growing up in San Francisco in the 1970s." Julie comes wearing bell-bottom jeans, a peasant top, and platform sandals--an outfit right out of a store in Haight Ashbury. Paris was oblivious to Julie's 70s look; she simply liked her because "she has long hair."

American Girl offers an assortment of dolls, each representing a different time period. Molly McIntire is a patriotic girl growing up in Jefferson, Ill., during World War II, while Kit Kittredge lives in Cincinnati, Ohio, during the Great Depression. (The new American Girl movie tells the story of Kit's life.) Each doll stars in a historical six-book series. The Felicity Merriman books are set in colonial times during the Revolutionary War; the Julie Allbright books talk about Julie's parents' divorce (that's the 70s!).

After adopting (paying $90 for) Julie, we treated her to a special lunch at the American Girl Cafe. Julie sat at our table in her own special chair and Paris helped her sip tea from a tiny teacup.

As we were eating our fruit kebabs, I looked over at Paris and said, "I love you."

"Do you love Julie too?" she asked.

"Yes, I love Julie too." And I sort of meant it.

Adventures with Alyson said...

Too cute. I love that she had you iron her dress and do her hair. Very sweet.
For others who are interested in visiting Chicago and the American Girl Store, Women on Their Way currently has a package that includes a room at the Wyndham Chicago (very nice, my husband was just there and said it was a great place to stay), a welcome letter, pink fold up bed, robe and slippers for your little one's American Girl Doll. Good stuff!
- Alyson of Adventures with Alyson
Women on Their Way

Anonymous said...

how do i buy a american girl doll? I REALLY want one. But there r none around Vancouver.

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This was very cute I liked the part when she was tearing the box open so she could get to Julie I have an american girl doll named Peyton I got her at atlanta

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Keetwonen (Amsterdam Student Housing)

Entered into: Container Housing

Keetwonen is the name of the biggest container city in the world according to Tempohousing, a modular design firm based in the Netherlands. Built for temporary student housing, there are 1000 units arranged in blocks creating a new community, which include a cafe, supermarket, office space, and even a sports area.

Many of the initial fears of living in a shipping container were the small sizes, the loud noise level, and maintaining climate control. However since its completion, it has become the second most popular student dormitory offered by the student housing corporation "De Key." They have turned out to be spacious, quiet and well insulated and offer value for money compared to other student homes in Amsterdam.

Each unit comes with its own bathroom, kitchen, balcony, separate sleeping and study spaces, large windows that provide daylight and a view. The heating is from a central natural gas boiler system. The hot water is supplied by one 50 liter tank per home and a high speed internet connection is included, as well as a central audio phone system for visitors at the main door downstairs.

Although the project was initially meant to only stay on this site for 5 years (and to be relocated after that – container homes are ideal for that, you move and you take your house with you!), it is expected that the relocation will be postponed until 2016. The project started at the end of 2005 (first 60 homes commissioned) and was completed mid 2006.

Winner of the Funda Award for the Best Executed Innovation in Construction

Evidence that you can build a village with a shipping containers.
Originally built as temporary but the success of the project has extended its use.

Sometimes their shipping containers are not reused ore recycled shipping containers. Tempohousing construct their shipping containers units in either China as new shipping containers with new steel shells or in the Netherlands which uses old shipping containers. According to their website, they try to obtain the shipping containers close to the construction site, but most of the time they ship the ones from China because they are better quality and don't have to spend the money modifying the old containers.

H.J.E. Wenckebachweg 3010 1096 DP Amsterdam

Competition Details

  • Name: Container Housing
  • Host: Architecture for Humanity
  • Type: Public
  • Registration Deadline: March 1, 2010
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The competition entry ID for this project is 6354.

Project Details

NAME: Keetwonen (Amsterdam Student Housing)
PROJECT LEAD: Tempohousing
LOCATION: H.J.E. Wenckebachweg 3010, Amsterdam, Netherlands
START DATE: August 29, 2002
CURRENT PHASE: Construction complete
COST: $32054122 USD (Estimated)
SIZE: 33000 sq. m
ARCHITECT: Tempohousing

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CHCH Television Tower
The CHCH Television Tower is a 357.5 metre-high guyed TV mast located at 481 First Road West in Stoney Creek, Ontario, Canada. It is the primary transmitter for television station CHCH-TV. It is also currently the third-tallest structure in Canada. When it was built in 1960, the CHCH Television Tower became the tallest structure in Canada. Only three structures built since then within Canada surpassed its height: the CN Tower in Toronto, the mast of Cape Race LORAN-C transmitter (collapsed in 1993) and the Inco Superstack in Sudbury. The CHCH tower ranks twelfth in height among the tallest structures in the Commonwealth of Nations. The mast is located on the edge of the Niagara Escarpment, so when viewed from the bottom of the escarpment it appears to be exceptionally tall.


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315 F2d 166 Garcia v. Mountain States Telephone and Telegraph Company

315 F.2d 166

J. A. GARCIA, Appellant,
corporation, Appellee.

No. 7035.

United States Court of Appeals Tenth Circuit.

Feb. 14, 1963.

Melvin L Robins, Albuquerque, N.M. (Lorenzo A. Chavez, Albuquerque, N.M., with him on the brief), for appellant.

James T. Paulantis, of Iden & Johnson, Albuquerque, N.M., for appellee.

Before MURRAH, Chief Judge, and LEWIS and SETH, Circuit Judges.

MURRAH, Chief Judge.

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This is an appeal from a judgment for the defendant on a jury verdict, in a diversity suit for damages by Dr. Garcia, a dentist, against the Telephone Company for the negligent omission of his listing in the classified or 'yellow page' section of the telephone directory. The claim is to the effect that the professional listing of his name and address in the classified section of the telephone directory is of pecuniary benefit to the practice of his profession; that he contracted with the Telephone Company for such professional listing in the October 1960 edition of the directory; that as a result of the negligent omission of the listing, the plaintiff suffered 'a great loss of profits, loss of good will, loss of new business, and loss of repeat business, all to his damage, in the sum of $30,000.00.

The Telephone Company answered, stating first that the plaintiff's contract, by its terms, limited the Telephone Company's liability not to exceed the amount payable to the Company for the omitted listing. In the alternative, the Company admitted the contract and that the listing was omitted, but denied that it was negligently or actionably done.

On appeal from the adverse judgment, Dr. Garcia complains of the admission into evidence of two documents, which he contends were irrelevant, immaterial and prejudicial. The Telephone Company first seeks to uphold the admission of the documents, but earnestly contents that in any event, the plaintiff's proof was insufficient to make out a prima facie case of damages, and the court should have therefore sustained its motion for directed verdict on that ground. Since the questioned documents directly concern the right of action and not the question of damages, it is appropriate to first consider whether the claimant made out a case for damages. If so, the admissibility of the documents becomes relevant on appeal; if not, we have no occasion to decide the point. See Mitchell v. Machinery Center, Inc., 10 Cir., 297 F.2d 883; Darter v. Greiner, 10 Cir., 301 F.2d 772; Tyler v. Dowell, Inc., 10 Cir., 274 F.2d 890, 894; Continental Ore Co. v. Union Carbide and Carbon Corp., 9 Cir., 289 F.2d 86, 89, reversed on other grounds, 370 U.S. 690, 82 S.Ct. 1404, 8 L.Ed.2d 777.

It was incumbent upon Dr. Garcia to prove not only that the Telephone Company negligently omitted his listing from the classified section of the directory, but that he suffered compensatory damages as a foreseeable consequence of such omission. Globe Refining Co. v. Landa Cotton Oil Co.,190 U.S. 540, 543, 23 S.Ct. 754, 47 L.Ed. 1171; Atchison, T. & S.F. Ry. Co. v. Jarboe Livestock Commission Co., 10 Cir., 159 F.2d 527; Corbin on Contracts, Vol. 5, Sec. 1006, et seq.; Restatement Contracts, Sec. 330; Okla. Law Rev., Aug. 1953, p. 340. It seems entirely reasonable to foresee that the omission of the Docltor's name from the classified section of the directory would result in pecuniary loss. For, the very purpose of the listing is to facilitte the Doctor's contacts and thus enhance his professional practice. Indeed, no other result was intended or contemplated.

In cases like this, the injured party may 'recover damages for inconvenience, annoyance, discomfort and business interference without proving specifically the amount of pecuniary loss resulting therefrom.' Mountain States Telephone & Telegraph Co. v. Hinchcliffe, 10 Cir., 204 F.2d 381, 382. Once the injured party proves the fact of his damages with reasonable certainty, 'recovery will not be denied because the damages are difficult of ascertainment.' Frank Bond and Son, Inc. v. Reserve Minerals Corp., 10 Cir., 335 P.2d 858, citing Mountlain States Telephone & Telegraph Co. v. Hinchcliffe, supra, and quoting from Stern v. Dunlap, 10 Cir., 228 F.2d 939, 973, where we said, 'It is enough if the evidence adduced is sufficient to enable the court or jury, as the case may be, to make a fair and reasonable approximation (of the damages).' And see also United States v. Griffith, Gornall & Carman, Inc., 10 Cir., 210 F.2d 11; Palmer v. Connecticut Ry. & Lighting Co., 311 U.S. 544, 61 S.Ct. 379, 85 L.Ed. 336; Gould v. Mountain States Telephone and Elegraph Co., 6 Utah 2d 187, 309 P.2d ,02; Corbin on Contracts, Vol. 5, Sec. 1020. But, the claimant most assuredly must establish his loss 'by the mos accurate basis possible under the circumstances. He must produce the best evidence reasonably obtained.' Mountain States Telephone and Telegraph Co. v. Hinchcliffe, supra; Restatement of Contracts, Sec. 331(1). Loss of profits, where reasonably ascertainable, have been the usual measure of compensatory damages in cases like these. Mountain States Telephone and Telegraph Co. v. Hinchcliffe,supra; Muskegon Agency v. General Telephone Co., 350 Mich. 41, 85 N.W.2d 170; Gould v. Mountain States Telephone and Telegraph Co., 6 Utah 2d 187, 309 P.2d 802. 'To say that one is entitled to recover his net profit is another way of saying that he is entitled to recover what he actually lost, as a result of the other party's default. In other words, he is entitled to be made whole as a result thereof, to be placed financially where he would have been but for such breach. * * * Compensatory damages will be given for the net amount of loss or gain prevented by one's breach.' Resolute Ins. Co. v. Percy Jones, Inc., 10 Cir., 198 F.2d 309. See generally Corbin on Contracts, Vol. 5, Sec. 1022.

The claimant tried and submitted his case on the theory of his loss of gross income.1 In support of this theory, he testified that most of his referrals came through the telephone listing, and there was testimony to the effect that his business decreased during the months in which his name was omitted from the classified section of the directory; and that during those months his professional calls decreased as did his gross income. He introduced his income tax returns for the pertinent years to show the difference between his gross income during the year in which his name was omitted from the directory, and those in which in was listed. There was also proof of his monthly gross receipts from January 1958 through December 1961. With minor exceptions, these records show a gradual progressive increase in gross income from his first full year of practice in 1951 until the year 1961, when his name was omitted from the directory. As to that year, the record showed gross receipts of $56,664.00, as compared with the previous year of $69,487.00. The Doctor testified that he was available in his office at all times during these months and willing to perform the services of his profession.

The decrease of gross earnings for the specific months during which his name ewas omitted from the directory is undoubtedly proof of the factum of damages. But loss of gross earnings alone affords no accleptable basis for compensatory damages, unless they are in some way related to the loss of net earnings. There was evidence to the effect that during the latter part of 1960 and 1961, another dentist was associated with Dr. Garcia, and that he was paid the sum of $18,000.00 for his services during the year 1961. It is not clear from the record whether the amount, or any part of it, paid his associate was deducted from the gross income for the year 1961. There is nothing to indicate or from which the claimant's net loss can be determined with any degree of approximation; and there is no suggested method for determining the amount of the loss suffered by reason of the decrease in gross receipts, if any. Instead, the jury was left to pure guess and speculation. From this record, we cannot determine with any degree of satisfaction the amount of the plaintiff's compensable loss, and we surely do not think a jury should be permitted to speculate on it.

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We hold that the motion for directed verdict should have been sustained and judgment rendered for the defendant. The case is accordingly affirmed.

During the trial, the court inquired of counsel: 'Aren't the damages, if any, computed on the basis of loss of the takehome pay rather than the gross?' Counsel answered: 'I believe that it is on the gross.'