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624 F2d 709 Croy v. M Campbell

624 F.2d 709

Fed. Sec. L. Rep. P 97,615
Dan J. CROY and Anne S. Croy, Plaintiffs-Appellants,
Winfield M. CAMPBELL, Defendant-Appellee.

No. 78-2517.

United States Court of Appeals,
Fifth Circuit.

Aug. 22, 1980.

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Jack McClendon, Lubbock, Tex., for plaintiffs-appellants.

Baker & Botts, Stephen G. Tipps, Daryl Bristow, Houston, Tex., for defendant-appellee.

Appeal from the United States District Court for the Southern District of Texas.

Before RUBIN and POLITZ, Circuit Judges, and SMITH*, District Judge.

ORMA R. SMITH, District Judge:

This action was brought by Dr. Dan Croy and his wife, Anne S. Croy (the Croys), who alleged that the defendant Winfield M. Campbell (Campbell), violated § 12(2) of the Securities Act of 1933, 15 U.S.C. § 77l, § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and SEC Rule 10b-5, 17 C.F.R. § 240.10b-5. After the presentation of the plaintiffs' evidence on the issue of liability, the district court granted judgment for the defendant. Plaintiffs now appeal from that judgment, contending that the district court made several errors in its findings of fact and conclusions of law. For the reasons stated below, we hold that the court's findings of fact were not clearly erroneous, and that the court applied proper legal standards in reaching its conclusions of law.1

The record reveals that for several years prior to 1974, the Croys had become increasingly concerned about the large amounts of income tax which they were paying. Their income had risen considerably due to some inheritance by Mrs. Croy, and their concern over the amount of tax which they were paying prompted plaintiffs to seek some tax planning advice. On February 15, 1974, they met with the defendant Campbell, who had been recommended to them by a friend. Campbell is a practicing attorney and a licensed certified public accountant, and at the time he first met the Croys, he had been practicing law for three years. He was recommended to them as being experienced in real estate and tax matters. After the initial meeting with the Croys, and after they had other opportunities to discuss proposed investments, Campbell arranged for the Croys to meet with Irby Simpkins, a real estate developer whom Campbell had represented on previous occasions.2 Mr. Simpkins was the general partner in a limited partnership which managed the Chateaux Dijon, an apartment complex in Metairie, Louisiana. Campbell had told the Croys during one of their preliminary meetings that this particular project was "the best investment so far as tax shelter was concerned" that he had ever seen. Simpkins gave Campbell a sales brochure which contained certain financial information about the project. Campbell did not prepare any of the information in that brochure, but he used it to make certain estimates and projections as to the Croys' potential tax liability. He reviewed this brochure with them, and also informed them about the method by which he calculated future depreciation. He also advised them to make an independent business judgment about the advisability of an investment in the partnership.

As of their initial meeting in February, Campbell considered himself to be the Croys' attorney. The Croys were of the opinion that the relationship was not established until approximately one month later. Regardless of the specific date, however, there is evidence which indicates that Campbell's fee for representing the Croys was to be paid by Simpkins. Dr. Croy testified that he did not learn of this fee arrangement until much later, after the Croys had invested in the project, and that he discovered that Campbell's fee was contingent upon their decision to invest. Campbell testified that there was no contingency arrangement, and that he disclosed the fee agreement to the Croys before they purchased the interest in the Chateaux Dijon.

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On April 1, 1974, the Croys obtained a 60-day option to purchase a 72.17% interest in the limited partnership. The consideration for the option was $60,000, which was nonrefundable, and the total consideration for the interest was to be $502,000. On April 15, 1974, Campbell received a tax return for the Chateaux Dijon, a review of which revealed that the depreciable basis which he had previously calculated was in error. Campbell had never made an independent investigation of the projected depreciable basis, but had only utilized those figures given to him. Upon discovering this new information, he informed Simpkins that the transaction would not be completed, and that the Croys were entitled to a refund of their $60,000. He then contacted Dr. Croy, informing him of the decrease in the depreciable basis, and also telling him that the Croys could get their money back. He told Dr. Croy that he thought the transaction could be renegotiated. Dr. Croy testified that Campbell told him that he had thought of a way in which the Croys could "stay in the deal which . . . is even better that the original deal." Dr. Croy instructed Campbell to proceed with the negotiations, and on May 27, 1974, the Croys became limited partners in the Chateaux Dijon. In December, 1974, the Croys purchased from Simpkins his 19.14% general partnership interest. The other interest remained in the hands of the other initial limited partners.

The plaintiffs filed their complaint in this action on July 14, 1975, alleging that the defendant had violated § 12(2) of the Securities Act by selling a security by means of a prospectus which contained certain misrepresentations,3 and that the defendant had violated § 10(b) and Rule 10b-5, which are the general antifraud provisions of the Securities Exchange Act.4 As previously stated, the district court granted judgment for the defendant at the conclusion of the plaintiffs' case. The court found that Campbell was not a "seller" of the security for the purposes of § 12(2), that he made no misstatements or omissions of material fact, and that the Croys were estopped by their own conduct from asserting that Campbell should have conducted a more thorough investigation of the project. It is these three findings which the Croys now contend are in error, and to which the court will address itself.

Section 12(2) of the Securities Act imposes liability on one who "offers or sells" a security by means of a prospectus which contains material misstatements or omits material facts. In order for Campbell to be liable under this section, therefore, he must be a seller of the security. To define the scope of the term "seller", however, the court should look to the purpose of the Securities Act, which is to ensure that potential investors are provided with all material information concerning public offerings of securities. See Ernst & Ernst v. Hochfelder, 425 U.S. 185, 195, 96 S.Ct. 1375, 1382, 47 L.Ed.2d 668, 678 (1976). The Act attempts to provide for the "unrestricted flow of information and funds," Chris-Craft Industries, Inc. v. Piper Aircraft Corp., 480 F.2d 341, 357 (2d Cir.), cert. denied, 414 U.S. 910, 94 S.Ct. 231, 38 L.Ed.2d 148 (1973), and in order to accomplish that purpose the statutory scheme places disclosure requirements on those with access to relevant information.

Considering the broad construction which should be given to the Act in order to effectuate its remedial purpose, this Court has held that one need not be in "strict privity" with the purchaser, nor is one required to be the "person who passes title" in order to be a seller of the security under § 12(2). Hill York Corp. v. American International Franchises, Inc., 448 F.2d 680, 692 (5th Cir. 1971). In Hill York, this court held that where the defendants, who were the promoters of a nationwide franchise operation, "were the motivating force behind (the) whole project," 448 F.2d at 693, they should be held liable as sellers under § 12. The court held that the proper test to be applied was one of proximate cause:

the line of demarcation must be drawn in terms of cause and effect: To borrow a phrase from the law of negligence, did the injury to the plaintiff flow directly and proximately from the actions of this particular defendant?

448 F.2d at 693, quoting Lennerth v. Mendenhall, 234 F.Supp. 59, 65 (N.D.Ohio 1964).5

In the particular fact situation presented by Hill York, the following factors persuaded the court that the defendants proximately caused the plaintiff's injury:

The (defendants) sought out the original incorporators of Florida Franchise and then trained them to solicit additional capital for the corporation. They provided the sales brochures designed to secure the additional capital. They rendered advice on every aspect of the corporate formation and subsequent development. In fact, the defendants did everything but effectuate the actual sale.

448 F.2d at 693. See also, Lewis v. Walston & Co., Inc., 487 F.2d 617, 621-22 (5th Cir. 1973), where the court reaffirmed the principle established in Hill York, that one need not be in privity with the purchaser to be liable as a seller. In that case, the defendant was a registered broker's representative who "touted the . . . stock heavily to the plaintiffs", and arranged the initial meeting at which the stock was sold. The court held that, in view of these established facts, the jury could have reasonably inferred that the defendant was a "substantial factor" in causing the purchases. 487 F.2d at 622.

This court has only recently addressed the question of liability under section 12(2), in a case involving substantially different facts. In Pharo v. Smith, 621 F.2d 656 (5th Cir. 1980) the court held that a reading of Hill York and Lewis limit limits sellers under section 12

(i) to those in privity with the purchaser and (ii) to those whose participation in the buy-sell transaction is a substantial factor in causing the transaction to take place. Mere participation in the events leading up to the transaction is not enough.

621 F.2d at 667. Participation in the sale of a security, therefore, is an important factor only as it relates to the concept of causation. A determination that one has participated in the transaction should not be conclusive as to the participant's liability as a seller, but it may be a criterion in determining whether or not the defendant "caus(ed) the transaction to take place." Id. See also, In re Ceasars Securities Litigation, 360 F.Supp. 366, 377-82 (S.D.N.Y. 1973).6

In this case, the district court made the following findings relevant to Campbell's participation in the sale: (1) Campbell made no representations "concerning any of the operational or construction aspects of the project," and he had "nothing to do with the preparation of the brochure"; (2) he did deliver the brochure to the Croys, but in doing so, he was acting on their behalf, not on behalf of Simpkins; (3) he did not attempt to persuade the Croys that they should purchase the Chateaux Dijon; (4) the statement which he did make, referring to the project as the "best investment" he had ever seen, referred only to the beneficial tax results which he thought would be obtained, based upon the figures he had seen; (5) the plaintiffs made a decision to invest in the project, only after viewing the project itself, talking with Simpkins, and obtaining independent advice. Examining all of the evidence in the record, we hold that these findings are not clearly erroneous. Applying these findings to the "seller" concept, as we have defined it, we cannot say that the defendant's participation in this transaction proximately caused the plaintiffs' injury, or that they would not have purchased the security "but for" his actions. The injury was caused by the fact that the figures used by Campbell in arriving at the depreciable basis were in error. Plaintiffs contend that he should be held liable for his failure to investigate these matters thoroughly. This failure to investigate, however, was not a substantial factor in the Croys' investment decision, and Campbell cannot, therefore, be held liable under section 12(2) as a seller of the security. This conclusion should not be interpreted to mean that a lawyer who participates in the transaction can never be a seller for purposes of section 12. Each case naturally turns upon its own facts, and our decision in this case is based upon the facts as found by the district court. The standard which we apply focuses upon the actions of a particular defendant, regardless of his occupation, and upon the proximate cause of the plaintiff's injury. See note 5 and accompanying text, supra.

The Croys next contend that the district court erred in finding that Campbell did not make any material misstatements or omissions, and that the projections and estimates which he made were not without a reasonable basis in fact. The Croys argue that Campbell's failure to determine, by investigation, the correct financial status of the project, and his failure to disclose the fee arrangement, constitute material omissions for which he should be liable under § 12(2) of the Securities Act, and § 10(b) of the Securities Exchange Act. The elements of a cause of action under § 10(b) and Rule 10b-5 have previously been stated by this court. The plaintiff must prove:

A misrepresentation or omission or other fraudulent device, the plaintiff's purchase or sale of securities in connection with the fraudulent device, the materiality of the misrepresentation or omission, the defendant's scienter in making the misrepresentation or omission, the plaintiff's justifiable reliance on the device (or due diligence against it), and the plaintiff's damages resulting from the fraudulent device.

Cameron v. Outdoor Resorts of America, Inc., 608 F.2d 187, 193-94 (5th Cir. 1979), aff'd in part, vacated and remanded in part on rehearing, 611 F.2d 105 (5th Cir. 1980), citing Dupuy v. Dupuy, 551 F.2d 1005, 1014 (5th Cir.), cert. denied, 434 U.S. 911, 98 S.Ct. 312, 54 L.Ed.2d 197 (1977); Woodward v. Metro Bank, 522 F.2d 84, 93 (5th Cir. 1975).

In Ernst & Ernst v. Hochfelder, the Supreme Court defined the requisite state of mind, or scienter, as "a mental state embracing intent to deceive, manipulate, or defraud." 425 U.S. at 194 n. 12, 96 S.Ct. at 1381 n. 12, 47 L.Ed.2d at 677 n. 12. The court held that negligence will not suffice for the imposition of liability under 10b-5, but it specifically withheld consideration of whether or not reckless behavior was sufficient. This court has recently made clear what it had intimated in the past: that "(t)o sustain a cause of action under (rule) 10b-5, . . . plaintiffs must show that defendants intentionally or recklessly failed to disclose material information." Broad v. Rockwell International Corp., 614 F.2d 418, 440 (5th Cir. 1980) (emphasis added). The court also noted, however, that proof of recklessness would require a showing that the defendant's conduct was

an extreme departure from the standards of ordinary care, . . . which presents a danger of misleading buyers or sellers that is either known to the defendant or is so obvious that the actor must have been aware of it.

614 F.2d at 440, quoting Sanders v. John Nuveen & Co., Inc., 554 F.2d 790, 793 (7th Cir. 1977).

The district court found that Campbell did not make any material misrepresentations or omissions, and that he could not have discovered the existence of any such misrepresentations or omissions through the exercise of reasonable care. The Croys contend that, while they made no showing at the trial directed specifically toward the defendant's state of mind, the evidence which was presented makes an implicit showing of reckless behavior. They contend that Campbell never viewed the project, did not look at Simpkins' books, and knew before the transaction occurred that the project had a lower depreciable basis than his original estimate. The Croys urge this court to hold that, combined with Campbell's position as an attorney, his failure to make a financial investigation demonstrated recklessness. We cannot say, however, that the court's findings were clearly erroneous. The mere fact that Campbell made a tax analysis based upon the information presented to him, was not an "extreme departure from the standards of ordinary care." Nor can we say that the representations made were not without a reasonable basis in fact. See Ferland v. Orange Groves of Florida, Inc., 377 F.Supp. 690, 705 (M.D.Fla. 1974).

The court below found that not only did Campbell inform the Croys that the brochures contained estimates only, but he also told them that they should make an independent investigation, since he was not qualified to appraise real property. Our review of the record clearly reveals that Campbell made his analysis by using his own estimates rather than those in the brochure, which he considered to overstate the expected revenue. This evidence indicates that Campbell did not make any misleading statements, nor did he fail to disclose any material information to the Croys. As to the alleged omission concerning the attorney's fee, we think the evidence is sufficient to support the district court's finding that the Croys knew of the arrangement. Even if such an arrangement is considered to be a material fact, the district court found that Campbell informed the Croys. The existence of this fee agreement, as well as Campbell's failure to investigate the project thoroughly, might reflect on his conduct as an attorney, but such conduct standing alone, is not "manipulative or deceptive" within the meaning of the rule.7 The evidence supports the court's finding that Campbell made no misrepresentations or omissions, and that his conduct was neither intentional nor reckless.

The Croys' final contention is that the district court erred in finding that they were estopped by their own conduct from asserting that Campbell should have conducted a more thorough investigation or should have learned more about the project. Under § 12(2), one who offers or sells the security is liable only if he does not "sustain the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of (the) untruth or omission." As we have recently stated, this statutory defense would seem to save section 12(2) from being interpreted solely as a strict liability statute. Pharo v. Smith, 421 F.2d at 665 n. 6. The burden of proof here is on the defendant, and there is nothing in the statute relating to estoppel as a defense. The concept has been applied to actions under 10b-5, see Hecht v. Harris Upham & Co., 430 F.2d 1202 (9th Cir. 1970), and this court has recognized "due diligence" as an element of a cause of action under 10b-5. Dupuy v. Dupuy, 551 F.2d at 1014. Such an element is required because "only those who have pursued their own interests with care and good faith should qualify for the judicially created private 10b-5 remedies." 551 F.2d at 1014. To the extent that a plaintiff has not exercised due diligence, he is in one sense estopped to assert liability on the part of the defendant. However, because the district court found that the defendant was not a seller within the meaning of § 12(2), which finding we hold is not clearly erroneous, we need not discuss the application of estoppel principles to that section. Similarly, because we do not disturb the district court's finding that defendant made no misrepresentations or omissions, and his conduct was not reckless, we do not think it necessary to discuss the application of estoppel and due diligence under Rule 10b-5. The judgment of the district court is, therefore, AFFIRMED.

District Judge of the Northern District of Mississippi, sitting by designation

Under Rule 52(a), Fed.R.Civ.P., the trial court's "findings of fact shall not be set aside unless clearly erroneous." Our standard for determining whether or not the findings are clearly erroneous has been stated on numerous occasions. A district court's findings are clearly erroneous when "the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed." United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 525, 542, 92 L.Ed. 746, 766 (1948). See also, Ealy v. Littlejohn, 569 F.2d 219, 229 n. 30 (5th Cir. 1978); 9 C. Wright & A. Miller, Federal Practice and Procedure § 2585 at 731 (1971). The language of the test itself allows this court to review all of the evidence in the record, even though we must give "great weight to the findings made and the inferences drawn by the trial judge." C. Wright & A. Miller, supra. See also Lentz v. Metropolitan Life Ins. Co., 428 F.2d 36, 39 (5th Cir. 1970)

Our review of the district court's conclusions of law is not limited by the standard of Rule 52; such conclusions will be reversed if incorrect. The appellants contend that, as to every issue presented for review, the trial court "erred". The appellees contend that the trial court was not "clearly erroneous" as to these issues. While the findings of fact are to be reviewed under this standard, our analysis does not end there, for some of the issues presented naturally involve mixed questions of law and fact, since they involve the application of legal principles to the specific facts of this case.

Mr. Simpkins was originally a defendant in this action, but all claims against him were dismissed by reason of settlement

Section 12(2) of the Securities Act of 1933, 15 U.S.C. § 77l (2), provides as follows:

Any person who . . .

(2) offers or sells a security (whether or not exempted by the provisions of section 77c of this title, other than paragraph (2) of subsection (a) of said section), by the use of any means or instruments of transportation or communication in interstate commerce or of the mails, by means of a prospectus or oral communications, which includes an untrue statement of a material fact or omits to state a material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading (the purchaser not knowing of such untruth or omission), and who shall not sustain the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of such untruth or omission,

shall be liable to the person purchasing such security from him, who may sue either at law or in equity in any court of competent jurisdiction, to recover the consideration paid for such security with interest thereon, less the amount of any income received thereon, upon the tender of such security, or for damages if he no longer owns the security.

In a memorandum opinion denying the defendant's motions to dismiss and for summary judgment, the district court held that the plaintiffs' purchase of the limited partnership interest was the purchase of a security, in that the plaintiffs were passive investors who never intended to manage or participate in the operation of the Chateaux Dijon. The court also held that the plaintiffs had not satisfied the "tender" requirement of § 12(2), but that tender could be made in the pleadings. Plaintiffs were given leave to amend their complaint to satisfy the tender requirement

The court emphasized that the test was intended as a middle ground between the concept of privity, and the concept of "participation . . . which would hold all those liable who participated in the events leading up to the transaction." 448 F.2d at 692, citing Wonneman v. Stratford Securities Co., Inc., CCH Fed.Sec.L.Rep. P 91,034 (S.D.N.Y. 1961); Wonneman v. Stratford Securities Co., Inc., CCH Fed.Sec.L.Rep. P 90,923 (S.D.N.Y. 1959). Other courts have not framed the issue in terms of causation, but have continued to regard the concept of privity as the "general rule". See, e. g., Turner v. First Wisconsin Mortgage Trust, 454 F.Supp. 899, 912 (E.D.Wis. 1978) (cause of action under § 12(2) arises "only against a purchaser's immediate seller"); Collins v. Signetics Corp., 443 F.Supp. 552, 555 (E.D.Pa. 1977) (absence of privity is "fatal" to plaintiff's claim absent special relationship between parties); Lorber v. Beebe, 407 F.Supp. 279, 287 (S.D.N.Y. 1975) (general rule limits action to purchaser's immediate seller); DuPont v. Wyly, 61 F.R.D. 615, 625-27 (D.Del. 1973) (language of § 12(2) explicitly requires buyer-seller relationship). See also, B & B Investment Club v. Kleinert's Inc., 391 F.Supp. 720, 725-26 (E.D.Pa. 1975). Exceptions to this general rule have been recognized, "and liability has attached to persons acting as the immediate seller's agent, to defendants who are alleged to be controlling persons of the immediate seller, and to those who have actively participated in the fraudulent sale, either as an aider and abettor or as a coconspirator." deBruin v. Andromeda Broadcasting Systems, 465 F.Supp. 1276, 1280 (D.Nev. 1979). See also, Brick v. Dominion Mortgage and Realty Trust, 442 F.Supp. 283, 292 (W.D.N.Y. 1977); Stern v. American Bankshares Corp., 429 F.Supp. 818 (E.D.Wis. 1977); Sandusky Land, Ltd. v. Uniplan Groups, Inc., 400 F.Supp. 440, 444 (N.D.Ohio 1975); In re Ceasars Palace Securities Litigation, 360 F.Supp. 366, 378 (S.D.N.Y. 1973). Many of these decisions impose liability on the basis of the "control" provision of § 15, 15 U.S.C. § 77o, but other courts have simply extended the language of § 12 itself to include aiders, abettors, and controlling persons as sellers. This court is of the opinion, however, that a causation test is better suited to apply the purpose of the Act to a particular fact situation; it is, as we have stated, a "rational and workable standard." Hill York, 448 F.2d at 692

Those cases which have applied the causation test of Hill York and Lewis have achieved varied results, but the courts have utilized similar factors. E. g., Ayers v. Wolfinbarger, 491 F.2d 8, 13 (5th Cir. 1974) (one who sold stock to a person who then violated the securities laws was not a seller of the security in the secondary sale); Plunkett v. Francisco, 430 F.Supp. 235, 241 (N.D.Ga. 1977) (action of defendant who was one of corporation's owners and also signed warranty letter was proximate cause of injury; Wassel v. Eglowsky, 399 F.Supp. 1330, 1361 (D.Md. 1975) (defendants who informed plaintiff that stock would soon be available and would increase in value, and who obtained stock for sale to plaintiff, were sellers who proximately caused injury); Canizaro v. Kohlymeyer & Co., 370 F.Supp. 282, 287 (E.D.La. 1974) (broker who acted as plaintiff's agent in executing a purchase order, and neither solicited order nor recommended stock was not proximate cause of injury). Cf. Wasson v. SEC, 558 F.2d 879, 885-86 (8th Cir. 1977) (Fifth Circuit's test of causation does not focus upon disclosure policies of the Act)

We wish to emphasize that this is a securities action; we are not concerned with any allegations of attorney malpractice, for such issues are not before us. The plaintiffs' second amended complaint included two pendent state law claims: one alleging a violation of the Texas Blue Sky Statute; the other alleging fraudulent and false representations with respect to the sale of real estate. These claims have not been pursued, and are not before us on appeal. The complaint does not include any counts alleging negligence or malpractice on the part of the defendant

In alleging that the defendant practiced "deceit" within the meaning of Rule 10b-5, the plaintiffs contend that Campbell's conduct violated the fiduciary relationship between attorney and client, by his refusal to make a full disclosure of the fee arrangement. They contend that his duty to disclose is established by the law of Texas relating to the attorney-client relationship, and that such law is relevant to the imposition of liability under 10b-5. The court would merely point out that the term "fraud" as used in 10b-5 does not include all breaches of fiduciary duty in connection with the purchase or sale of securities. In Santa Fe Industries, Inc. v. Green, 430 U.S. 462, 476, 97 S.Ct. 1292, 1302, 51 L.Ed.2d 480, 493 (1977), the Supreme Court made it clear that a breach of fiduciary duty, without proof of deception, misrepresentation, or nondisclosure, was not a violation of 10b-5. To hold otherwise, said the Court, would be to "federalize" state rules of law dealing with fiduciary relationships, a result which Congress did not intend. 430 U.S. at 479, 97 S.Ct. at 1304, 51 L.Ed.2d at 495-96. See also, Alabama Farm Bureau Mut. Cas. Co. v. American Fidelity Life Ins. Co., 606 F.2d 602, 613-14 (5th Cir. 1979), in which this court held that where deception or manipulation is present, the court would then determine whether or not state law provided a remedy for breach of fiduciary duty. Since we affirm the district court holding that Campbell did not practice any deception or misrepresentation, and since there is no separate state law claim before us, we need not discuss Campbell's conduct as an attorney.


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Franchise And Dealership Law Lawyers In Goshen New Jersey

Goshen is an unincorporated community in Cape May County, New Jersey, United States (08218). Route 47, also known as Delsea Drive, runs directly through the center of the community. The area was first settled by Aaron Leaming who began raising cattle in here in 1693. By 1710 there was a settlement. Goshen’s first industry was a king crab mill and a canning factory, but shipbuilding and lumbering industries flourished. The Garrison shipyard on Goshen Creek had stocks for the simultaneous construction of two vessels, which, upon being launched, were slipped into the water sideways. Between 1859 and 1898, twenty-five ships of record were built there, along with many smaller craft. Around 1900, Cape May County's shipbuilding industry was shut down. The last ship launched by Goshen shipyard was the “Diamond” in 1898. Due to the lasting effects of the brackish water there, the remains of the docks are still visible at the end of Goshen Landing Road during low tide. The Tavern House (circa 1725), located on the corner of Route 47 and Goshen Landing Road is one of the oldest original homes in Cape May County. It was at different period through the years, a tavern, hotel, dentist office and residence. While significant changes were made over the years, much of the original workmanship is still evident. Rough hewn logs still support the house and wooden pegs can be found holding the rafters in place.

What is franchise and dealership law?

Franchising law involves helping new business owners evaluate franchising opportunities, and assist in the purchase and operation of business franchises -- an alternative to starting a new, independent business from scratch. Franchising allows businesses owners to reduce their investment risk by associating with an established company, but may also require business owners to relinquish significant control over their business.

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Open Source Cloud Authors: Pat Romanski, Elizabeth White, Esmeralda Swartz, Yakov Fain, Cloud Best Practices Network

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Composición de un grupo de usuarios OpenNMS independiente; conferencia prevista para marzo 2013

Un grupo de usuarios OpenNMS ha creado la OpenNMS Foundation Europe como organización sin ánimo de lucro para promover la gestión de red en general y la plataforma de gestión de red OpenNMS en particular.

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La conferencia de usuarios OpenNMS está prevista para la semana del 11 de marzo de 2013, y tendrá lugar en la Universidad de Fulda, Alemania. La información completa sobre dicha conferencia y las oportunidades de patrocinio están disponibles en

OpenNMS ( es la primera plataforma de aplicación de gestión de red de empresa desarrollada siguiendo el modelo open source. Es una alternativa de software totalmente gratuita frente a los productos comerciales como HP Operations Manager, IBM Tivoli, y CA Unicenter.

La OpenNMS Foundation Europe ( es una organización registrada sin ánimo de lucro de Alemania. La fundación promueve la educación, investigación, defensa e intercambio de conocimientos en torno a la gestión de red con software open source y, específicamente, OpenNMS. Está abierta para aquellas personas y empresas interesadas en formar parte de dicha comunidad.

El grupo OpenNMS ( mantiene el proyecto OpenNMS. Dicho grupo también ofrece asistencia comercial, servicios y formación para la plataforma OpenNMS.

El comunicado en el idioma original, es la versión oficial y autorizada del mismo. La traducción es solamente un medio de ayuda y deberá ser comparada con el texto en idioma original, que es la única versión del texto que tendrá validez legal.

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text:
Eric Posner Discusses ‘Executive Unbound’ at Volokh Conspiracy

by Kenneth Anderson

In case you weren’t aware, Eric Posner is discussing his and Adrian Vermeule’s new and highly provocative book, The Executive Unbound, in a series of posts this week at Volokh Conspiracy.  The Libyan conflict has unsurprisingly raised the stakes over this discussion – Eric is engaging with vigor, and linking up the book’s argument to current events and arguments.  Well worth reading.  The latest post by Eric is here, and it concludes:

[Andrew] Sullivan exaggerates but gets at the essential truth, which is that the imperial presidency has been institutionalized, as Adrian Vermeule and I argue in The Executive Unbound. On Congress’ tomb should be inscribed this epitaph, courtesy of a Democratic congressman: “They consulted the Arab League. They consulted the United Nations. They did not consult the United States Congress.” As for the Republicans, with some trivial exceptions, they range from complaining that Obama did not communicate with them (nothing about consultation let alone a vote of some sort) to complaining that he did not act aggressively enough!

Comments are closed.


text:
Fukushima endgame in progress.

From the Japanese “blog of waiting Chan” comes the news that xenon-133 and xenon-135 have been detected at the Fukushima Daiichi gas management facility. Iodine-135 Xenon-135 is generated in a nuclear reactor from the radioactive decay of tellurium-135, a fission product. Xe-135 is the most powerful neutron absorber known, and this process extinguishes a nuclear reaction. This is known as the iodine pit.

Also, radioactive silver-110m has been found. This comes from melted control rods. Its boiling point is 2162 degrees C, so it is clear that very high temperatures are involved. This isotope Ag-110m bioaccumulates at a rate far above that of cesium, according to Prof. Satoshi Mori. It has an affinity for the Kupffer cells of the liver.

Cobalt-60 and manganese-54 have also been detected. These are activation products which result from neutron radiation of building materials.

Clearly, a massive criticality has occurred. And it is NOT coming from the underground coriums, but rather the aboveground sources of radioactivity such as the spent fuel pools. These have FAR more radioactivity in them than the nuclear fuel which has burrowed underground.

This is yet another criticality in the latest round of radioactive emissions which commenced in February. It is going in cycles, where the fuel heats up, releases radiation, and then Xe-135 extinguishes it, and it starts all over again. Every stage in the cycle is worse than the last one.

The release from the spent fuel pools is what Akio Matsumura, Arnie Gundersen, and others have been warning about, if another large earthquake hit Japan. It would mean the end of the Northern Hemisphere. But it is happening anyway without the earthquake, as radiation degrades the spent fuel pool structures, and other structures, causing metal fatigue, corrosion, and failure. And Tepco’s Three Stooges incompetence is speeding it up.

It looks like California is in the crosshairs, rather than the Pacific Northwest, at least to begin with.

This is it, folks.

37 thoughts on “Fukushima endgame in progress.

  1. Yes, THIS is it!

    I rather think Father slipped me out the back door while Sodom was falling into the very fires of hell!

    From the HAARP rings I see PLASTERED over Cali’s 40N the past 18 hours,……I’d say Georgie Boy wants to wrap this thing up! (Soros).

    It is past the time to be there. As I’ve said all month,….I SHOULD have left Cali. a year ago!

    Please take Godly HEED!

    I love you ALL!

    • ” I-135 is the most powerful neutron absorber known”

      According to the Wiki article concerning Iodine/Xenon pits (it IS the pits!) i quote:
      ” Iodine-135 is a weak neutron absorber, while xenon-135 is the most powerful known neutron absorber.”

      Am simply writing to assist in correction, not to criticize. It would pain me no end to have seen any glaring error and not offer comment.

      “This is yet another criticality in the latest round of radioactive emissions which commenced in February. ”
      I have sensed this, yet see no direct evidence online concerning this. Please elaborate. Has the situation deteriorated that badly? I see from the slowdown of posts @ENE,primavera,Mochi,etc. that it could be interpreted as censorship. I sincerely doubt that there is less to report on.

      I do remember that the “famine” of “end-times” is not for food or water, yet for the Truth. Remind Him of His promises (“I will never leave you, nor forsake you” being one of them.)

      • Oops you’re right, it’s Xe-135. There was a criticality in April, and I believe one before that.

        It’s hard to trust Tepco’s figures, but I think the Xe-135 emission implies that this is a worse criticality that the Oct. 2011 one… which would make it the worst since Fuku blew up. The next one will be worse than that.

        This is a fundamentally different situation than it was before 2013. Something is melting down… I am afraid that it is the common pool, which contains an enormous amount of radioactivity.

        • How do the emissions from a NORK nuke puke play into this?
          Amazing to see the new face displayed by their “Dearest Leader”.
          I wonder if all those Chinese troops along their border played any part in that.
          Was it an accident, or did China “spank” them?

          Why don’t we just for arguments sake, call them emissions from Asia?
          TEPCO hasn’t cornered the market, so to speak, for duplicity and deception.
          I would bet my bottom dollar that they are not the only ones that have been actively puking nuke, though i have no fact nor figures to back up that intuit. What better time to do so with supposed impunity?

          “My friends, love is better than anger. Hope is better than fear. Optimism is better than despair. So let us be loving, hopeful and optimistic. And we’ll change the world.”
          (Jack Layton, Aug. 20, 2011, 2 days before his passing)
          quoted from: http://changeagents2011.wordpress.com/

          Jer.12:1 “Wherefore doth the way of the wicked prosper? wherefore are all they happy that deal very treacherously?
          Thou has planted them, yea, they have taken root: they grow, yea, they bring forth fruit: thou art near in their mouth, and far from their reins.
          But thou, O Lord, knowest me: thou hast seen me, and tried mine heart toward thee: pull them out like sheep for the slaughter, and prepare them for the day of slaughter.
          How long shall the land mourn, and the herbs of every field wither, for the wickedness of them that dwell therein? the beasts are consumed, and the birds; because they said, He shall not see our last end.”

          Jer.15:6 – God speaking: “I am weary with repenting.”

          Jer.16:10 “And it shall come to pass, when thou shalt shew this people all these words and they shall say unto thee, Wherefore hath the Lord pronounced all this great evil against us? or what is our iniquity? or what is our sin that we have committed against the Lord our God?”
          “Then shalt thou say unto them, Because your fathers have forsaken me, saith the Lord, and have walked after other gods, and have served them , and have worshipped them, and have forsaken Me, and have not kept My law; and ye have done worse than your fathers; for, behold, ye walk every one after the imagination of his evil heart, that they may not hearken unto ME”

          Don’t simply take my word for it, my few good works are but tattered rags before His Righteousness!
          Seek Him while it is still early, i beseech all that read.

          Consider the sparrow…

          Jer.49:17 “Also Edom shall be a desolation: every one that goeth by it shall be astonished, and shall hiss at all the plagues thereof.
          As in the overthrow of Sodom and Gomorrah and the neighbour cities thereof, saith the Lord, no man shall abide there, neither shall a son of man dwell in it.”

            • It is truly an honor to relay, though i’m likely “preaching to the choir”.
              Let us thank God in Jesus’ name for the Truth. No need to say aloud. He knows our thoughts. And our hearts; and our deeds. He also knew us from before. (Jacob I loved, yet Esau I hated – while still in their mother’s womb; Jeremiah “Before I formed thee in the belly I knew thee; and before thou camest forth out of the womb I sanctified thee, and I ordained the a prophet unto the nations.”)

              John20:29…”because thou hast seen me, thou hast believed: blessed are they that have not seen, and yet have believed”

              John21:17 “Feed my sheep”
              “Verily, verily, I say unto thee, When thou wast young, thou girdest thyself, and walkedst whither thou wouldest: but when thou shalt be old, thou shalt stretch forth thy hands, and another shall gird thee, and carry thee whither thou wouldest not.”

          • Matt 24:37 “But as the days of Noe were, so shall also the coming of the Son of man be.”

            Gen 6:4-8 “There were giants in the earth in those days; and also after that, when the sons of God came in unto the daughters of men, and they bare children to them, the same became mighty men which were of old, men of renown. And GOD saw that the wickedness of man was great in the earth, and that every imagination of the thoughts of his heart was only evil continually. And it repented the LORD that he had made man on the earth, and it grieved him at his heart. And the LORD said, I will destroy man whom I have created from the face of the earth; both man, and beast, and the creeping thing, and the fowls of the air; for it repenteth me that I have made them. But Noah found grace in the eyes of the LORD.”

        • My mental focus is terrible… there are mistakes in other posts too. I am looking at racetam nootropics to improve it… but possible glutamate-associated excitotoxicity is scaring me off.

  2. “vital1
    June 9, 2013 at 2:52 am · Reply
    Southern Hemisphere rain water test 2nd June 2013 – May be a detection of Iodine I-129 from the tin roof down pipe polyester filter. It is not conclusive. Rain water was passing through this polyester filter off a 36 sqm tin roof at a location Sunshine Coast. If it is, it is still a very small detection of I-129, because the filter was in place for all of May. Mind you, not all of it would have been captured using this filter system. Lots of Beryllium Be-7 is also present! If I-129 is present in this Southern Hemisphere test, it would suggest that there is a lot more in the rain in the Northern Hemisphere!

    For background on this subject read this article on using Be-7 as a tracer for I-129.

    There is a natural Beryllium Be-7 and Lead Pb-210 cycle here in the Southern Hemisphere. There is more Beryllium Be-7 and Lead Pb-210, detected in rain washouts, during summer than in winter. This appears to be above average detection of Beryllium Be-7, and Lead Pb-210 in this test for May 2013.

    Be-7 is produced by cosmic ray spallation in the upper atmosphere. The Sun had been relatively quite during May 2013. It takes around two weeks to reach sea level.

    Report Comment

    June 9, 2013 at 2:54 am · Reply
    It is my understanding that the Japanese have been pumping large amounts of liquid Nitrogen onto the multiple molten coriums at the Fukushima Nuclear disaster, to cool them down. The neutron bombardment, plus lots of underground corium venting, has also been releasing large amounts Beryllium Be-7 and 1-129.

    Test chart using experimental Theremino MCA V4.5 software.

  3. Strange alert levels that don’t seem to match jet stream or rain necessarily…

    List of RADCON-4 and RADCON-5 sites:
    4:505 near Madison, WI, US 109 2013-06-12 08:42:00 G
    4:513 near Cleveland, OH, US 82 2013-06-12 08:39:00 A
    4:517 near Grand Rapids, MI, US 115 2013-06-12 07:49:00 G
    4:301 near Baltimore, MD, US 72 2013-06-12 07:53:00 A
    4:302 near Washington, D. C., DC, US 55 2013-06-12 07:41:00 G
    4:321 near Dover, DE, US 51 2013-06-12 07:44:00 A
    4:801 near Denver, CO, US 214 2013-06-12 07:41:00 U
    4:956 near Phoenix, AZ, US 194 2013-06-12 07:31:00 G
    5:637 near South Valley, NM, US 447 2013-06-11 09:36:00 I
    5:308 near Charlotte, NC, US 229 2013-06-12 07:40:00 G
    5:303 near Wilmington, NC, US 150 2013-06-12 04:42:00 G
    5:705 near El Paso, TX, US 287 2013-06-12 09:04:00 G
    5:522 near Fort Wayne, IN, US 207 2013-06-12 03:12:00 G
    5:401 near Jacksonville, FL, US 163 2013-06-12 07:41:00 G
    5:801 near Denver, CO, US 369 2013-06-12 07:41:00 U
    5:706 near Little Rock, AR, US 445 2013-06-12 07:31:00 U
    5:956 near Phoenix, AZ, US 335 2013-06-12 07:31:00 G

  4. Thyroid has started tweaking again, time for Lugol’s. Definitely an active plume. Whether it’s to the level of Nov. 2011, it’s too early to tell.

  5. Thanks for continuing to follow this….wow.

    I’ve noticed that people around D.C. looked a little more “pekid” than usual after that extended series of storms. It was hard to avoid a “hit,” that’s for sure… However, I got spared the worst of the mini-derecho and the Jet Stream appeared to be off of us for the downfall. But, all of our food supply is getting quite the dousing!… Safe food supply is dwindling… Gotta eat!?…

    Who knows what is going down when U.S. EPA & FDA won’t measure the things we have to breathe and eat??…

    Good luck and have faith!! :)

    • Thanks Bobby1 Fan. Got a double whammy today… Nowergian salmon liver oil. Passed out…woke up nauseous with fish burps.

  6. Wow Bobby 1, GREAT blog… And even more amazing are the blog comments from many that I know / recognize / immensely respect.

    Thank you everyone, for contributing to my awareness,
    in turn permitting my ability to influence a few others.

    I hate to say, I honestly feel that I am sick, my body is just not right… I see patterns in nuclear events / the timeline and my own decline, what seems like super fast aging when I have lived a very healthy life…

    …It is not suppose to be / end this way…

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text:
Reference : The Basic Property of Lys385 Is Important for Potentiation of the Human alpha1 Glycin...
Scientific journals : Article
Life sciences : Biochemistry, biophysics & molecular biology
The Basic Property of Lys385 Is Important for Potentiation of the Human alpha1 Glycine Receptor by Ethanol.
Castro, Patricio A [> > > >]
Figueroa, Maximiliano mailto [Université de Liège - ULg > Département des sciences de la vie > GIGA-R : Biologie et génétique moléculaire]
Yevenes, Gonzalo E [> > > >]
San Martin, Loreto S [> > > >]
Aguayo, Luis G [> > > >]
Journal of Pharmacology and Experimental Therapeutics
American Society for Pharmacology and Experimental Therapeutics
Yes (verified by ORBi)
[en] Ethanol alters the function of several members of the Cys-loop ligand-gated ion channel superfamily. Recent studies have shown that the sensitivity of the alpha1 glycine receptor (GlyR) to ethanol can be affected by the state of G protein activation mediated by the interaction of Gbetagamma with intracellular amino acids in the GlyR. Here, we evaluated the physicochemical property of Lys385 that contributes to ethanol modulation by using mutagenesis, patch-clamp, and biochemical techniques. A conserved substitution (K385R) did not affect either the apparent glycine EC(50) (40 +/- 1 versus 41 +/- 0.5 muM) or the ethanol-induced potentiation (53 +/- 5 versus 46 +/- 5%) of the human alpha1 GlyR. On the other hand, replacement of this residue with glutamic acid (K385E), an acidic amino acid, reduced the potentiation of the GlyR to 10 +/- 1%. Furthermore, mutations with a hydrophobic leucine (K385L), a hydrogen bond donor glutamine (K385Q), or a neutral residue (K385A) also reduced ethanol modulation. Finally, substitution by a large and hydrophobic residue (K385F) and deletion of 385 (Lys385_) reduced ethanol modulation to 10 +/- 4 and 17 +/- 0.4%, respectively. Experiments using dynamic cysteine substitution with a methanethiosulfonate reagent and homology modeling indicate that the basic property and the position of Lys385, probably because of its interaction with Gbetagamma, is critical for ethanol potentiation of the receptor.

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text:
Kidney stones? I feel your pain

By Jeff Pavelka, D.O., family medicine, Providence Medical Group-Happy Valley

It’s shocking how much agony a tiny crystal of salt and minerals can cause when it’s trying to work its way through your urinary tract. Women describe the pain as similar to childbirth. Men say it’s the worst pain they’ve experienced.

If you’ve had a kidney stone, you’ll do just about anything to make sure you never have one again. Prevention is especially important, because once you’ve had one, you’re 10 times more likely to have another one.

Prevention is also important for people with diabetes or gout, people who are obese and people who’ve had gastric bypass surgery. All of these conditions increase the risk of kidney stones. Family history is a factor, too, so people with close relatives who’ve had kidney stones need to be extra careful.

If you’ve been lucky enough to avoid kidney stones, whether or not you have a condition that puts you at higher risk, you still might want to practice a little prevention to make sure you keep up that lucky streak.

Save yourself a world of hurt

Kidney stones are formed when the natural composition of urine – mostly water, salts and minerals – is out of balance. That’s why people with the conditions mentioned above are at higher risk – their urine tends to be more acidic. The most common cause of urinary imbalance, however, is not a medical condition – it’s simply drinking too little water.

To prevent kidney stones and the pain that comes along with them, the most important thing you can do is to drink more fluids. About two liters a day is a good goal for most people. While water is your kidneys’ favorite drink, research has shown that caffeinated beverages also decrease the risk of stones. It’s not clear whether it’s the caffeine that’s making the difference, or whether people who drink caffeinated beverages just drink more fluids in general. In any case, drinking caffeinated coffee, tea and diet soda is associated with lower risk. The opposite is true for sodas and drinks that contain sucrose or fructose – these sugars can increase the risk of kidney stones.

Here are some other things you can do to reduce your risk:

  • Pay attention to the color of your urine. If it’s clear or very light, like a light beer or watered-down lemonade, you are well hydrated. If it’s darker than that, you’re not drinking enough water and you’re putting yourself at risk of a kidney stone.
  • Don’t go overboard on salt, which hides in many canned, boxed and restaurant foods. About 2,000 mg of sodium per day is a safe threshold.
  • Take it easy on spinach and rhubarb – these foods contain a chemical called oxalate, which increases the formation of calcium oxalate stones, the most common kind of kidney stones.
  • Limit soft drinks, candies and other foods and drinks that contain sucrose and fructose. These simple sugars make you more likely to form calcium oxalate stones.
  • Pay attention to the amount of calcium in your daily supplements. Supplementing with up to 2,000 mg of calcium per day is good and may lower your risk of kidney stones, but taking more than that can raise your risk.
  • Avoid very high doses of vitamin C – again, 2,000 mg a day is a good upper limit. Anything that makes your urine more acidic (pH less than 7) can increase your risk of kidney stones. If you’re curious, over-the-counter kits are available to check the pH of your urine.
  • Reduce the amount of animal protein in your diet – high amounts of meat, eggs, cheese, milk and yogurt can lead to kidney stones.
  • Eat more vegetables and fruits.
  • Include moderate amounts of high-fiber foods like whole grains and bran, legumes, cabbage and carrots – they can help you stay regular and avoid constipation, which can make a difference. Beware of mega fiber supplements like Phytate, however – they can sometimes increase kidney stone formation.
  • Do get some regular activity, but if you exercise for more than 40 minutes a day, pay very close attention to your hydration. Marathon runners and other athletes are more likely to become dehydrated and, as a result, to form kidney stones.

Think you have a kidney stone? See your doctor

If you experience an unusual, cramping pain in your side or on one side of your lower back, or if you notice blood in your urine, see a doctor. These are the most common signs of a kidney stone. If tests confirm that you have a kidney stone, your doctor will recommend that you strain your urine through cheesecloth or a coffee filter to try to catch the stone when it passes out of your urethra. If you can catch the stone, or even a few tiny specks of the crystal, your doctor can send it to a lab for analysis to find out whether it’s made of calcium oxalate, calcium phosphate or uric acid. This is a very important step, because once you know what type of stone you tend to form, your doctor can recommend more specific dietary changes to reduce the chances that you’ll form a stone in the future.

Unfortunately, most kidney stones do need to pass out of your body through your urethra, and that is not a comfortable process. But if you’re in a lot of pain and the stone doesn’t seem to be passing, ask your doctor about medications that can help. Flomax can dilate the ureter and urethra to help the stone pass more easily. Other medications can help with pain, or with reducing recurrent stones. If your stone is too large to pass – generally anything larger than 10 mm – a urologist may need to explore other ways to remove the stone.

One in 11 people at some point in their life will have a kidney stone, but research suggests that we could cut that rate in half if people hydrated adequately and followed the other dietary recommendations for prevention. Going through the experience of passing a kidney stone just once is a powerful motivator to give that a good try.

Health Library:

Kidney Stones
Preventing Kidney Stones Through Diet
Should I Have Lithotripsy to Break Up the Stone?
Holistic Prevention


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Guide to heart health: Oregon cardiologists dish about diet, supplements, surgery

February 02, 2012

We've heard too many loud claims about heart healthy super foods, miracle diets and medical "breakthroughs." Providence Integrative Medicine physician, Miles Hassell, M.D., was featured as an expert in this Oregonian article on heart health.

Doctors: Diet could help prevent Alzheimer's

May 24, 2011

What you eat could help prevent or even delay the onset of Alzheimer's Disease.


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Jordan Danks hits first career homer, White Sox edge A's

11:11 PM, Aug 10, 2012   |    comments
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CHICAGO, IL - Jordan Danks' first career home run was a big one as his solo shot in the ninth lifted the Chicago White Sox to a 4-3 win over the Oakland Athletics in the opener of a three-game set.

With two outs in the ninth and Pat Neshek (1-1) on the mound, Danks got hold of the first pitch he saw and deposited it into the seats in right field for the win.

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« into the dark and the light | Main | hello, new year »

Thank you
Can you believe another year is almost over? But we're still hanging in there. Your board got me thorough this once again...

now relax.
and go and be with the ones you love.

dusan xo

Have a safe trip and wonderful family-filled holiday visit.
vickie in kc

Tina M.

be safe..relax and enjoy! hugs all around...xo

kathy dorfer

happy holidays to you too . and a safe trip.
i am headed to my daughters in san francisco .
i can't wait for 2013 !

Where did 2012 go Nina?! I think I blinked and missed it.
Have a wonderful, wonderful time with your family. I look forward to more of your blog-posts (hint, hint!) in 2013 :-)
Sue xo

Ailsa Willis

Safe journeys and an abundance of all that warms your heart at this special time of the year.
Love and hugs, to you and your mother.

Ilene Harris

We are in Champaign, Illinois. Enjoying sweet time with our family, amidst the busy-ness of the Season. Wishing you that. With love...

Ilene Harris

Merry Christmas, Nina, and I hope you have a wonderful, restful time visiting with your family for a much-needed break. Have a safe trip on the road.

Jamie Vowell

I hope you and your family have a wonderful Christmas and New Year! 2013 is going to be fantastic! Hugs to you, Nina!! xo Jamie V in MT

Safe journey as you travel to be with your dear family for the holidays Nina! You deserve some much needed rest and relaxation!!

I look forward to seeing you at Artful Journey in February =-)

Nina, The new necklaces are stunningly beautiful. I love the idea of them as prayer beads. I hope you have a safe journey and a wondeful Christmas. Martha

What a wonderful photo to accompany your lovely wishes! I wish you a safe journey and a great Xmas to you and your family! Your jewelry is absolutely gorgeous!

Dearest Nina, wishing you much joy, love and peace at this time of year when so many traditions celebrate the return of the light.

The Prologue Pearls are exquisite and what a wonderful thought they carry!

Enjoy your family and friends in person and feel the love coming from your friends out here in the aether of the internet. As frustrating as the technology can be, I still find it amazing and delightful that we all have communities and islands of beauty and peace out here where we share ourselves with each other.

Many blessings to you and to the community of Ornamental!

merry christmas, nina.

Kathy Pennekamp

Merry Christmas and enjoy your family!!!!!

You add so much beauty to the world. Merry Christmas, Nina. xo

Kathryn Stripling Byer

Nina, I hope you are safely in Montgomery now. Do let me know, dear Nina, how you are. Let's get together when you return, and give your Mama a hug for me. I'll be headed down to Ga. for my mother's 90th birthday on New Year's Day. I send love, Kay

Belinda Thompson

Ahh, wish I was headed home to Alabama for the holidays this year. Safe travels.

Wishing you a peaceful, joyous 2013,gentle soul.

Katherine Langford

What fun - a spanking new year to explore! May you enjoy all the gifts of the spirit in the new year and may your art reflect that joy that will come your way. Clear blue skies and that random bird call shall accompany you through this year! Hugs and good cheer!

Christina Minasian

Thank you for always sharing with such heart. I enjoy checking in here for your beautiful work and words. I have included you as one of my “Very Inspiring Blogger” awards.
Happy New Year!
Here is a link to my blog…

A bit late, but here to wish you a Happy New Year, full of fun, creativity, beautiful sights and wonderful times with Walter and all your family.
vickie in kc

I hope all is going well, as I drop by (albeit electronically) to wish you all the best in the coming year. I look forward to your thoughtful and thought-provoking posts.

Hi, I live in Alabama and was wondering why there are never any of the art classes/retreats held here? Thanks!!

when you are longer absent from posting it is a chance to fall down your blog's rabbit hole and read old posts from the treasure box. it is always rewarding and Nina Vibe is abounding in all - your blog is a work of true art and greatly appreciated! we are here when you get back. rock on sparkling one! (I myself have long space between posts, despite intention..)

Julia - Jobs Bermuda

I hope I can save enough money for a faith bracelet soon...

The comments to this entry are closed.

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Wilmington NC Heart Catcher Workshop May 2-4, 2015

Heart Catcher Workshop

  • You can click on the heart photo above for information regarding this upcoming workshop. I'm offering an early bird, price of $295.00 for the entire two days , if you pay before April 5; after that date, the price will be $320.00.


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Low energy 13C+ and 13C2+ ion irradiation of water ice

Dawes, Anita; Hunniford, Adam; Holtom, Philip; Mukerji, Robin J.; McCullough, Robert W. and Mason, Nigel (2007). Low energy 13C+ and 13C2+ ion irradiation of water ice. Physical Chemistry Chemical Physics, 9 pp. 1–8.

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In this paper we report the results of the first experimental study of the irradiation of low temperature water ice (30 and 90 K) using low energy (4 keV) 13C+ and 13C2+ ions. 13CO2 and H2O2 were readily formed within the H2O ice with the product yield and growth rate observed to be highly dependent on both the sample temperature and ion charge state.

Item Type: Journal Article
ISSN: 1463-9076
Academic Unit/Department: Science > Physical Sciences
Social Sciences
Interdisciplinary Research Centre: Centre for Earth, Planetary, Space and Astronomical Research (CEPSAR)
Item ID: 11110
Depositing User: Astrid Peterkin
Date Deposited: 16 Jul 2008 17:53
Last Modified: 24 Nov 2014 12:02
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Durrheim, Kevin; Dixon, John; Tredoux, Colin; Eaton, Liberty; Quayle, Michael and Clack, Beverley (2011). Predicting support for racial transformation policies: intergroup threat, racial prejudice, sense of group entitlement and strength of identification. European Journal of Social Psychology, 41(1) pp. 23–41. file

Joinson, Adam N. (2001). Self-disclosure in computer-mediated communication: The role of self-awareness and visual anonymity. European Journal of Social Psychology, 31(2) pp. 177–192.

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How to Greet a Monk or Nun

by Protopresbyter Alexander Lebedeff

1) In the Russian Church: Only tonsured nuns are addressed as "Mother"—the others are addressed as "Sister." This is exactly the same as the practice regarding monks, who are called "Father" only if tonsured. The clue is whether they wear the "klobuk"—the cylindrical black hat with the veil—if they wear a klobuk, they are called "Father" or "Mother." The problem with this clue is that the klobuk is worn only in church or at formal occasions—the rest of the time monks and nuns wear "skufias"—soft, usually velvet, pointy hats. Abbesses, of course, are always addressed as "Mother"—in Russian, the greeting is usually the diminutive "Matushka" [pronounced with accent on the first syllable—webmaster].

2) Only Abbesses (or in rare cases their chief assistants) can wear a pectoral cross. Laypeople should approach an Abbess for a blessing the same as they would a Priest—they bow and hold their hands, palms up, right over left—and after receiving the blessing (which the Abbess makes holding her fingers the same as when one makes the sign of the cross—not the "Name of the Lord" configuration of fingers used by priests when blessing)—they kiss the Abbess's hand.

3) When a Priest greets an Abbess, he blesses her as usual, but they kiss each other's hand, exactly as two Priests meeting (or two Bishops) do. Abbesses stand in a throne and hold their staff, which looks like a Bishop's staff, except it is made of wood.

4) In her convent, the Abbess is the Rector. The Priests who serve in the convent do nothing without her knowledge and blessing. The serving Priest bows to the Abbess when beginning the services, and he censes her before anyone else. The Abbess is commemorated by name at all the major litanies and at the Great Entrance. In many ways, the Abbess is given respect by the serving clergy similar to that given to Bishops present at the service, except that she is censed only three times, not three-times-three.

5) Abbesses can enter the altar at any time. In larger convents, certain nuns are appointed by the Abbess (with the approval of the Bishop) to enter the altar to maintain it and the vestments of the clergy, and even to assist the serving priest if no male altar servers are available—but it should be known that other nuns cannot enter the altar. Nuns appointed to help in the altar are usually chosen from those who have been in the convent from a young age.

The Russian approach is usually rather easy: if they're wearing a pectoral cross, you can get a blessing from them. Unless, of course, they're outside of the church and not wearing their cross. . .

With love in Christ,

Prot. Alexander Lebedeff

Taken from the archives of the Orthodox Email Forum ("Indiana List") in February, 1999.