Thursday, May 31, 2012

1.3 million veterans lack health coverage

By Allison Linn

More than 1.3 million working-age veterans don?t have health insurance and are failing to take advantage of health care available through Veterans Affairs, a new study finds.

Researchers at the Urban Institute used census data to estimate health insurance coverage for veterans aged 19 to 64.

While veterans are more likely to have health insurance than the general population, about 1 in 10 of the nearly 12.5 million veterans under age 65 do not have health coverage either through the VA or other insurers.

The rates of uninsurance appear to be especially high for veterans under age?35.

?They are disproportionately younger, and they appear to have served more recently,? said Genevieve Kenney, a senior fellow with the Urban Institute and co-author of the report.


?

Kenney said the uninsured veterans also tended to have lower incomes and lower levels of education and were less likely to be full-time workers than the veterans with health coverage.

Contrary to popular belief, veterans are not automatically eligible for health care coverage once they leave the military. Jacob Gadd, deputy director for health care with the American Legion, said health coverage is generally provided to the poorest and the most badly injured of those who have served.

For example, combat veterans are eligible for five years of free medical care for any service-related issues. Other veterans can get at least some coverage for injuries if they can prove they are related to their service.

In addition, veterans who have very little income or are in financial distress can qualify to receive care through Veterans Affairs medical centers. (The VA provides an overview of who is eligible.)

Gadd said many veterans don?t appear to be aware of what benefits are available to them, especially if they have injuries from their time in service.

Dads, are you feeling pressure to do it all?

American Legion research has shown that only about half of military members who have returned home from deployments to Iraq and Afghanistan have enrolled in the VA for health care.

?We are worried about the other half, whether they know if benefits are available to them,? Gadd said.

Gadd said some veterans may be choosing not to seek out health care, especially if they have post-traumatic stress or other conditions they fear could carry a stigma.

There are clear costs to not having health insurance. Kenney, of the Urban Institute, said separate research has shown that high numbers of uninsured veterans have health issues that are not being addressed.

About one-third of uninsured veterans said they were delaying care due to cost, the researcher found.

Related:

Younger veterans want to work, but face roadblocks

More workers opting out of company health care plans

?

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Life scientists view biodiversity through a whole new dimension: Body size, feeding rates

ScienceDaily (May 31, 2012) ? How can blue whales, the largest animals on the planet, survive by feeding on krill, shrimp-like creatures that are the size of a penny? According to UCLA life scientists, it's all a matter of dimensions.

In findings published May 30 in the journal Nature, the researchers demonstrate for the first time that the relationship between animals' body size and their feeding rate -- the overall amount of food they consume per unit of time -- is largely determined by the properties of the space in which they search for their food.

An animal searching for food in a three-dimensional space, like the ocean or sky, is likely to consume much more than a similarly sized animal searching in a flat, two-dimensional space, like a savannah or a sea bed, they found.

"Surprisingly, the spatial dimension of the search space turns out to be the most important property," said Van Savage, senior author of the research and a UCLA assistant professor of ecology and evolutionary biology and of biomathematics. "Yet up until now, work on food webs and predator-prey relationships has almost universally assumed that feeding rate increases with body size in a way that is independent of dimensionality."

Animals, of course, cannot simply go to the market when they are hungry. Instead, they must search for their food, which can also move in space. Cheetahs, for instance, scan the savannah for gazelle in two dimensions (left-to-right, forward-to-backward), while sharks search the ocean and some birds, such as flycatchers, scour the skies in 3-D (with an added up-and-down dimension).

"Would you rather search for food in two dimensions or three?" Savage asks. "That is, would you rather search for food just left-to-right and forward-to-backward on the floor of a room, or would you also want to search up-and-down, from floor to ceiling? When I quiz people, including scientists, most say they would rather search in two dimensions because it would be easier to find food. But we found that in nature the third dimension usually adds a huge number of extra resources. Ultimately, searching in this extra dimension provides many more chances to find food."

The UCLA researchers developed a new mathematical model that predicted that feeding rates increase more quickly with body size in three dimensions than in two. The model helps explain why huge whales can subsist on tiny krill in three dimensions -- but likely could not in two dimensions, if they had evolved to live on land.

To test their ideas and model predictions, the researchers compiled and analyzed the largest-ever database on relationships between feeding rates and body size. They were surprised to discover how well the data fit their predictions.

"I was amazed that the data and theoretical predictions match so well," said Samraat Pawar, lead author of the study and a UCLA postdoctoral scholar in Savage's group. "After spending so many months working on the theory and wondering if it really connected to reality and then spending so many more months finding and analyzing real data for feeding relationships, I knew it was very meaningful when they matched.

"When looking across species, an increase in consumer size leads to a much faster increase in feeding rate in three dimensions than in two dimensions. Moreover, for two consumers of the same body size, the one in three dimensions will typically have a much higher feeding rate than the one in two dimensions. Our results reminded me of Edwin Abbott's book 'Flatland,' in which denizens of a two-dimensional world are trapped in an ostensibly inferior existence due to their inability to perceive the third spatial dimension."

This is one of the first demonstrations, Pawar added, that uses both theory and data to show that dimensionality has important implications for ecology.

The ultimate goal of the research, the scientists say, is predicting how climate change will affect biodiversity levels and, thus for humans, the availability of goods and services, such as food and plants, fungi or bacteria used to make pharmaceuticals. The new findings suggest there may be crucial differences in how climate change will affect ecosystems that are more two dimensional, such as land and water surfaces, and those that are three dimensional, such as the open ocean or air.

The study also predicts that the stronger feeding interactions in three dimensions -- that is, the tendency for animals to consume more than they would in two dimensions -- will lead more often to boom-and-bust cycles in the abundance of species, analogous to large fluctuations seen in stocks or housing prices. These booms and busts make species more prone to extinction and therefore "could have profound consequences for understanding and preserving biodiversity in different habitats and for the planet as a whole," Savage said.

What made the UCLA study "unique and allowed for the discovery of new patterns was the researchers' focus on pairs of species -- just one 'consumer' species feeding on just one 'resource' species -- for both the modeling and data," said study co-author Anthony Dell, a UCLA researcher in Savage's group.

"Previous studies looked at many species together and at properties of whole ecological systems or whole food webs that describe all potential feeding relationships," Dell said. "All of the existing food-web models assume that dimensionality does not affect how feeding rates increase with body size. However, we found there is both a strong and systematic interdependence that should be straightforward to incorporate into models and data analysis. Our findings mean that a lot of the previous work may need to be revised."

Savage's research group also has a unique approach that utilizes perspectives from physics and applied mathematics to study biological problems.

"Having been trained in theoretical particle physics, I automatically consider dimensionality as part of any problem, but I was impressed by how large the effect is here," Savage said. "Dimensionality has long been considered important in physics, where people think about string theory and extra dimensions of space."

The scientists are currently looking at the effects of temperature -- another major driver of feeding rates -- and studying how to combine that with the results of the current study on feeding rates and dimensionality.

The research was federally funded by the National Science Foundation.

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Story Source:

The above story is reprinted from materials provided by University of California, Los Angeles. The original article was written by Stuart Wolpert.

Note: Materials may be edited for content and length. For further information, please contact the source cited above.


Journal Reference:

  1. Samraat Pawar, Anthony I. Dell, Van M. Savage. Dimensionality of consumer search space drives trophic interaction strengths. Nature, 2012; DOI: 10.1038/nature11131

Note: If no author is given, the source is cited instead.

Disclaimer: Views expressed in this article do not necessarily reflect those of ScienceDaily or its staff.

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With $1.3M In New Funding, CodeGuard Launches Its Free Website Backup, Monitoring Service

Screen shot 2012-05-29 at 6.27.47 PMAt TechCrunch Disrupt NYC last May, the unanimous winner of the "Audience Choice" award was a young, Atlanta-based startup called CodeGuard. The startup caught the audience's attention based on a simple value proposition: To become a "time machine for your website." In other words, CodeGuard's free service allows any site owner to back up their website and revert to earlier versions, while monitoring for infections. After months of tweaking and beta testing, today CodeGuard is officially pulling back the curtain on a new-and-improved service, backed by a fresh $1.3 million in funding from Imlay Investments and a host of angel investors, including Palaniswamy Rajan, Bert Ellis, Tom Noonan, Matt Chanoff, and Merrick Furst.

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Wednesday, May 30, 2012

Red Sox beat up Verlander, Tigers

Associated Press Sports

updated 11:34 p.m. ET May 29, 2012

BOSTON (AP) - Justin Verlander felt he pitched well. The Boston Red Sox just hit a bit better.

Verlander, the reigning American League MVP and Cy Young award winner, was tagged for 10 hits in Detroit's 6-3 loss to the Red Sox on Tuesday night.

Verlander had his usual velocity, but said he hurt himself by falling behind 3-1 in the count against Daniel Nava with the bases loaded and two outs in the fourth.

Detroit was trailing 1-0 before Verlander threw a 100-mph fastball that Nava drove for a double.

"Mostly I'm disappointed about not being able to get ahead of him," Verlander said. "I think if I'm ahead in that situation, he's not able to get to the fastball in that situation."

Verlander (5-3) lasted just six innings, scattering 10 hits to eight different players in dropping a second consecutive start for the first time since April 2011.

"He just wasn't himself, he just wasn't sharp. That happens," Tigers manager Jim Leyland said. "We give them credit. They hit him so you give them credit. Tip your hat to them."

Less than two weeks after nearly throwing his third career no-hitter, Verlander walked one and struck out seven, watching his ERA rise from 2.15 - which led the league entering the day - to 2.55.

"I can't say I pitched bad, but it was a battle because of the way that they were putting together at-bats against me," he said. "There was a lot of guys on and a lot of high intensity pitches."

The Red Sox improved to 25-24, finally achieving a winning record after going 0-5 in games that could have put them above .500. Boston fans had to wait a while to enjoy the moment because of a 38-minute rain delay with one out in the bottom of the eighth.

Daniel Bard (5-5) pitched 5 1-3 innings for Boston, allowing two runs on five hits with four strikeouts and two walks.

Boston used four relievers before Alfredo Aceves came in after the rain delay and finished the eighth, then held the Tigers scoreless in the ninth for his 12th save.

Jhonny Peralta and Prince Fielder hit solo homers for the Tigers, who fell to 0-2 in the four-game series.

Verlander hadn't allowed 10 hits in a game since September 2010. Boston got four alone in a three-run fourth inning. Kevin Youkilis, Mike Aviles and Scott Podsednik all singled to load the bases before Nava put Boston up 4-0 with a two-out double. Verlander hit 100 MPH repeatedly in the at-bat before Nava came through with a full count, lining a shot down the left-field line.

Verlander came in with 16.2 consecutive scoreless innings against Boston, but the streak ended in the second when Ortiz led off with a double off the Green Monster and scored on a fielder's choice by Mike Aviles, who avoided a double play by beating out Peralta's throw.

Peralta hit a solo homer in the fifth for the Tigers' first run and Fielder added a solo shot in the sixth.

Ortiz hit his second double of the game in the fifth, bringing Adrian Gonzalez all the way in from first for a 5-1 lead. Ortiz tried to push it for a triple and was easily thrown out at third.

Ortiz atoned for the base-running mistake with a homer to left in the seventh.

Notes: Boston 2B Dustin Pedroia did not play Tuesday after jamming his right thumb in Monday's win over the Tigers. Manager Bobby Valentine said Pedroia aggravated a pre-existing injury to his thumb and underwent an MRI but the results were not yet available ... Verlander pitched at least six innings for the 53rd straight start, dating to Aug. 22, 2010. It marks the longest such streak by a pitcher since Steve Carlton's 69-game run from 1979-82. ... This was the longest the Red Sox took to go above .500 since 1996, when Boston finally improved to 66-65 on Aug. 25. ... Red Sox OF Carl Crawford said he is about 10 days away from starting to throw as he continues his rehab from a sore left elbow.

? 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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Samsung's Music Hub launches in UK, France and Germany, offers 100GB storage, unlimited streaming

Samsung's Music Hub launches in UK, France and Germany, offers 100GB cloud and unlimited streaming of 19 million tracks for a price

We already knew Samsung was dipping a toe in the music market, and now it's officially landed. Music Hub will launch with the GSIII in the UK, France and Germany. It's fair to say the electronics giant will be trampling on a fair number of toes, with Music Hub offering both streaming -- from 7 Digital's catalog of 19 million -- as well as recommendations, and a 100GB iTunes Match-esque cloud service. You'll need to trump up £ / €9.99 (about $16) if you want the premium features (unlimited streaming from the catalog and the online storage of your library,) while the free option will let you listen to matched / purchased tracks anywhere (from your phone or the web interface). Samsung's clearly taking a holistic approach with Music Hub, and it'll be a standard feature on its phones going forward (plus potentially Smart TVs and even Fridges). It might not just be restricted to its own hardware eco-system either, with some talk of it coming to other mobile devices in the future, officially, this time.

Continue reading Samsung's Music Hub launches in UK, France and Germany, offers 100GB storage, unlimited streaming

Samsung's Music Hub launches in UK, France and Germany, offers 100GB storage, unlimited streaming originally appeared on Engadget on Tue, 29 May 2012 04:50:00 EDT. Please see our terms for use of feeds.

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Deus Ex Divines

Deus Ex Divines

You've been locked up, but now it's your chance to get out.

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This topic is an Out Of Character part of the roleplay, ?Deus Ex Divines?. Anything posted here will also show up there.

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Forum for completely Out of Character (OOC) discussion, based around whatever is happening In Character (IC). Discuss plans, storylines, and events; Recruit for your roleplaying game, or find a GM for your playergroup.
This is the auto-generated OOC topic for the roleplay "Deus Ex Divines"

You may edit this first post as you see fit.

"If one is born in a world that creates insanity, does being normal make them mad? Or is it those who fit in with the society that are the crazy ones? What is normality? What is insanity? If twins are such a rare occurrence in one world, does it make them strange, when they are so common in another? If a man grins all of the time, but others do too, does that make him a freak? There is only one freak, and that is the man that stands alone... Don't you agree?"

"Freakshow?"

User avatar
GenericUserName
Member for 2 years






I'm going to reserve the golem, then I will go to the bathroom and after such I shall go and do other things that are not looked brightly upon by society. If you don't know what those things are look over at your t.v. and there should be a console of some sort right by it.

????? ((((|???????|???=???|???????|)??))) ????


??????????????????????

Hinasil <3
?????????????
??????????????????????

User avatar
Hinasil
Member for 2 years


May I reserve a female lycanthrope?

you cut my soul.
i cut my skin.
its like a game.
but who will win?

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KayEyeEmm
Member for 0 years



Okay so this is in response to the pm you sent me about Tiffany. For some reason my laptop won't let me reply to your message. Anyways I will make her bio longer and fix the bit with the dagger :)

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Billard
Member for 0 years


So, I hope my demon is good. If you would like me to change what type of demon he is, I will. ^^

User avatar
PrincessBoy
Member for 2 years


Wow, that was difficult to think of something not many others would

User avatar
XtremeVelocity
Member for 1 years


Billard: Everything is good! I accepted her right away. It's nice to have a human on the team!

PrincessBoy: NO! I love him just the way he is!

Xtreme: I like him! Check you inbox for the only small problem.

User avatar
GenericUserName
Member for 2 years


Hi there! Can I reserve a spot for the Drow? I'll have a character sheet for you tomorrow afternoon :) Thank you!!

There is Magic all around, you just have to look to see it...

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Qaida
Member for 0 years



Post a reply

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Mitt Romney: I Need People Like Donald Trump (Little green footballs)

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Personal finance articles: Find a Bankruptcy Attorney

US Bankruptcy Court by Mike PhilippensWhen you are filing for bankruptcy through a lawyer, you will have to disclose every piece of financial information ranging from what your bank account hold, what your assets are and what their value is. This is a very sensitive issue and the bankruptcy attorney you hire needs to be trustworthy. You can find bankruptcy attorney by even asking friends, co-workers and even relatives. There might be someone you know who may have gone through a similar situation, someone you know could help because they are aware of where to find bankruptcy attorney. When you ask friends, relatives and co-workers for help, they will also be able to give you feedback on how the lawyer they are referring you to works. They will be able to give you an estimate of the fees the lawyer charges and how professional and successful he/she is.
Source: blogspot.com

Video: What Property Can I Keep In Bankruptcy? ? San Diego Bankruptcy Attorney

Utilize a Private Particular Personal Bankruptcy Law follow Ahead of Proclaiming Own Individual Bankruptcy

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Source: macalester.edu

Finding a Good Bankruptcy Lawyer

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Sacramento Bankruptcy Lawyer

Filed 10/2/09 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR ANDREW BUESA et al., Plaintiffs and Appellants, v. CITY OF LOS ANGELES, Defendant and Respondent. B212854 (Los Angeles County Super. Ct. No. BC378215) APPEAL from a judgment of the Superior Court of Los Angeles County, Elihu M. Berle, Judge. Affirmed. Law Office of David W. Allor and David W. Allor for Plaintiffs and Appellants. Rockard J. Delgadillo and Carmen Trutanich, City Attorneys, and Paul L. Winnemore, Deputy City Attorney for Defendant and Respondent. _________________________ 2 This is an appeal from a judgment on the pleadings in an action against the City of Los Angeles (City)1 brought by two former Los Angeles police officers, Andrew Buesa and Michael Cardenas. Plaintiffs seek damages for a violation of their rights under the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, ? 3300 et seq. (POBRA)).2 The gravamen of their complaint is that a perjured declaration submitted by the City deprived them of their statute of limitations defense in an administrative mandamus proceeding over their discharges. The issue is whether they may maintain this as a separate action, or whether under the doctrine of collateral estoppel it is barred by the final judgment denying their petition for administrative mandamus. We conclude that plaintiffs? action under POBRA is barred because it constitutes an impermissible collateral attack on the mandate judgment. FACTUAL AND PROCEDURAL SUMMARY Since this matter is on appeal from a judgment on the pleadings, we take our factual summary from the allegations of the second amended complaint, which is the charging pleading. On February 2, 2002, plaintiffs participated in the arrest of a suspect following a car and foot chase. The same day, the Los Angeles Police Department (LAPD) learned of alleged acts of misconduct by plaintiffs arising from that arrest. The next day, Sergeant Joe Losorelli, of the LAPD Internal Affairs Group, was assigned to investigate the alleged misconduct. On August 15, 2002, Losorelli met with a deputy district attorney in the Los Angeles County District Attorney?s Office for the purpose of seeking a determination whether criminal charges should be filed against plaintiffs based on the February 2002 incident. Losorelli met with the deputy district attorney again on October 2, 2002, at which time he provided a copy of his investigation and witness statements. 1 Police Chief William J. Bratton was a named defendant in the original complaint, but he was deleted in the second amended complaint, the charging pleading. He is not a party to this appeal. 2 Statutory references are to the Government Code unless otherwise indicated. 3 According to plaintiffs, the district attorney?s office opened its criminal investigation against plaintiffs that day. POBRA provides a one-year statute of limitations for bringing of police misconduct charges. The time runs from discovery of the misconduct. (? 3304, subd. (d).) Section 3304, subdivision (d)(1) tolls the limitations period while a criminal investigation or prosecution is pending. On December 2, 2002, Losorelli asked LAPD superiors to toll the statute of limitations against plaintiffs because of the pending criminal investigation. He asked that the period be tolled from his August 15, 2002 meeting with the district attorney?s office until the conclusion of the criminal investigation. The criminal investigation was terminated on February 11, 2003, when the deputy district attorney in charge of the case elected not to seek a grand jury indictment. Personnel complaints against plaintiffs were filed at the Los Angeles Police Commission on August 3, 2003, alleging misconduct arising from the February 2002 arrest. They were served the next day. On August 3, 2004, a board of rights found plaintiffs guilty of misconduct and recommended that they be discharged. On September 29, 2004, the chief of police adopted the recommendation that plaintiffs be terminated for failure to report the use of force against a suspect. The chief signed orders removing them from employment, effective that day. Plaintiffs filed a petition for writ of administrative mandamus (Code Civ. Proc., ? 1094.5) on December 14, 2004 seeking review of their terminations. They alleged that Losorelli furnished a false declaration regarding tolling, which was used by defendant in responding to the petition. Allegedly, Losorelli knew that pursuant to a policy of LAPD and the district attorney?s office, only the latter was authorized to open a criminal investigation against sworn personnel. According to the complaint, the district attorney?s office opened the criminal investigation against plaintiffs on October 2, 2002. Plaintiffs allege: ?Sergeant Losorelli knowingly and intentionally testified falsely that his investigation against plaintiffs was considered a criminal investigation from the beginning (as of February 2, 2002). Sergeant Losorelli knowingly and intentionally testified falsely that he first presented the case against plaintiffs to [the deputy district 4 attorney] for possible criminal filing at a July 31, 2002 meeting, when this meeting actually took place on August 15, 2002.? Allegedly, with knowledge that the August 3, 2003 personnel complaints against plaintiffs were time-barred, Losorelli presented a false declaration in the mandamus action ?with the intent of fraudulently extending the tolling period for criminal investigations? authorized by section 3304, subdivision (d) ?and with the malicious intent to deprive plaintiffs of their rights,? and further employment with the LAPD. According to plaintiffs, they discovered Losorelli?s wrongful conduct on July 25, 2007, after the administrative mandamus proceeding was concluded. They do not explain the circumstances of that discovery. Plaintiffs? petition for writ of administrative mandate was denied by the trial court. The court found the weight of evidence at the administrative hearing supported the decision to terminate plaintiffs. It identified the application of the POBRA statute of limitations as ?the main legal issue in the case.? The court noted that both sides had submitted documentary evidence and declarations on the limitations issue, and that no objection to this evidence was made by either side. The trial court found: ?The disciplinary action against the petitioners is not barred by the limitations provision of the POBR? because of the tolling provision in section 3304, subdivision (d)(1). The court stated that charges were served on plaintiffs 18 months and two days after the alleged misconduct. It found: ?The alleged misconduct was the subject of a criminal investigation that commenced on or before July 31, 2002, when an LAPD investigator met with the District Attorney regarding the matter, and which did not end until February 11, 2003, when the District Attorney decided not to ask the grand jury for an indictment because of the lack of evidence. The one-year limitation period was therefore tolled for six months and eleven days. The investigation was therefore completed and notice of charges were served upon the petitioner[s] within the 5 twelve month period required by section 3304(d).? No appeal was filed from the denial of the petition for administrative mandate and that order is now final.3 Plaintiffs filed their original complaint in this separate action seeking reinstatement on September 27, 2007. They filed a first amended complaint which was the subject of a successful motion for judgment on the pleadings. The motion was granted with leave to amend. Plaintiffs? second amended complaint dropped the claim for reinstatement, and, instead sought damages against the City for violation of POBRA. City responded with a new motion for judgment on the pleadings. At the first hearing on the motion, the trial court requested additional briefing on whether perjury in a prior proceeding may be the basis for a collateral attack on the judgment. After supplemental briefing on that issue, a second hearing was held. The court found: ?The gravamen of this lawsuit is an action under Government Code section 3309.5, but it?s based upon plaintiffs? claim for perjury in the underlying action in the mandamus proceeding.? The court observed that the weight of California authority is that perjury is not a basis for collateral attack on a judgment. It found ?that since the gravamen of the complaint in this case is perjury in a prior proceeding and further based upon the principles of law that perjury in a prior proceeding, which is intrinsic fraud, is not grounds for collateral attack, the court is going to grant the motion for judgment on the pleadings.? Judgment was entered in favor of City. This appeal followed. DISCUSSION ?The standard of review for a motion for judgment on the pleadings is the same as that for a general demurrer: We treat the pleadings as admitting all of the material facts properly pleaded, but not any contentions, deductions or conclusions of fact or law contained therein. We may also consider matters subject to judicial notice. We review the complaint de novo to determine whether it alleges facts sufficient to state a cause of 3 Plaintiffs sued their former attorney for malpractice for promising, but failing, to appeal the denial of the writ petition. We are not informed of the outcome of that action. 6 action under any theory. [Citation.]? (Dunn v. County of Santa Barbara (2006) 135 Cal.App.4th 1281, 1298.) The issue presented is whether the action for damages under POBRA is barred by the final judgment following denial of plaintiffs? petition for writ of administrative mandate pursuant to Code of Civil Procedure section 1094.5. Plaintiffs argue they are not collaterally attacking the mandate judgment, which is final, and therefore the doctrines of finality of judgments and collateral estoppel do not apply. Their theory is that their procedural rights under POBRA were thwarted by the alleged perjury by Sergeant Losorelli. Rather than seeking reinstatement to the LAPD, plaintiffs now seek damages for emotional distress, lost earnings and benefits (including pensions), both past and future. They also seek a civil penalty of $25,000 under section 3309.5, and costs of suit. Finally, plaintiffs seek ?an order of injunctive or extraordinary relief that the court deems necessary and just to prevent such future similar actions on the part of defendants against other employees.? A. POBRA POBRA ?sets forth a list of basic rights and protections which must be afforded all peace officers (see ? 3301) by the public entities which employ them. (?? 3300 et seq.) ?It is a catalogue of the minimum rights (? 3310) the Legislature deems necessary to secure stable employer-employee relations (? 3301).? (Baggett v. Gates (1982) 32 Cal.3d 128, 135.)? (Gales v. Superior Court (1996) 47 Cal.App.4th 1596, 1600, fns. omitted (Gales).) Plaintiffs? second amended complaint alleges an action under section 3309.5, which provides a private right of action for police officers who claim a violation of their rights under POBRA.4 4 In pertinent part, section 3309.5 provides: ?(a) It shall be unlawful for any public safety department to deny or refuse to any public safety officer the rights and protections guaranteed to him or her by this chapter. [?] . . . [?] (c) The superior court shall have initial jurisdiction over any proceeding brought by any public safety officer against any public safety department for alleged violations of this chapter. [?] (d)(1) In any case where the superior court finds that a public safety department has violated any of the provisions of this chapter, the court shall render appropriate injunctive or other 7 B. Availability of POBRA Cause Of Action City argues that plaintiffs have not stated a cause of action under POBRA because the alleged perjury was committed in the administrative mandamus proceedings after plaintiffs had been discharged from the LAPD. At that point, City argues, plaintiffs were no longer peace officers as defined by section 3301. Plaintiffs respond that the purpose of POBRA would be defeated if their rights are guaranteed only up to the point of discharge. We need not resolve whether a cause of action lies under POBRA based on a false declaration filed in an administrative mandamus proceeding because the time to challenge the declaration is in the Code of Civil Procedure section 1094.5 proceeding. A subsequent collateral attack on that basis is not allowed, as we next discuss. C. Finality of Adjudications The California Supreme Court examined the principles underlying the finality of judgments in Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1 (Cedars-Sinai), in which it held that there is no separate tort for intentional spoliation of evidence. The court reviewed several cases that denied a tort remedy for the presentation of false evidence or suppression of evidence and observed these decisions ?rest on a concern for the finality of adjudication.? (Id. at p. 10.) ?This same concern underlies another line of cases that forbid direct or collateral attack on a judgment on the ground extraordinary relief to remedy the violation and to prevent future violations of a like or similar nature, including, but not limited to, the granting of a temporary restraining order, preliminary injunction, or permanent injunction prohibiting the public safety department from taking any punitive action against the public safety officer. [?] . . . [?] (e) In addition to the extraordinary relief afforded by this chapter, upon a finding by the superior court that a public safety department, its employees, agents, or assigns, with respect to acts taken within the scope of employment, maliciously violated any provision of this chapter with the intent to injure the public safety officer, the public safety department shall, for each and every violation, be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) to be awarded to the public safety officer whose right or protection was denied . . . . If the court so finds, and there is sufficient evidence to establish actual damages suffered by the officer whose right or protection was denied, the public safety department shall also be liable for the amount of the actual damages.? 8 that evidence was falsified, concealed, or suppressed. After the time for seeking a new trial has expired and any appeals have been exhausted, a final judgment may not be directly attacked and set aside on the ground that evidence has been suppressed, concealed, or falsified; . . . such fraud is ?intrinsic? rather than ?extrinsic.? [Citations.] Similarly, under the doctrines of res judicata and collateral estoppel, a judgment may not be collaterally attacked on the ground that evidence was falsified or destroyed. [Citations.]? (Ibid., italics added.) The claim that the judgment was based on forged documents or perjured testimony does not obviate the force of this policy favoring finality of judgments. As explained in Pico v. Cohn (1891) 91 Cal. 129, upon which the Supreme Court relied, ??[W]e think it is settled beyond controversy that a decree will not be vacated merely because it was obtained by forged documents or perjured testimony. The reason of this rule is, that there must be an end of litigation; and when parties have once submitted a matter . . . for investigation and determination, and when they have exhausted every means for reviewing such determination in the same proceeding, it must be regarded as final and conclusive . . . . [?] . . . [W]hen [the aggrieved party] has a trial, he must be prepared to meet and expose perjury then and there. . . . The trial is his opportunity for making the truth appear. If, unfortunately, he fails, being overborne by perjured testimony, and if he likewise fails to show the injustice that has been done him on motion for a new trial, and the judgment is affirmed on appeal, he is without remedy. The wrong, in such case, is of course a most grievous one, and no doubt the legislature and the courts would be glad to redress it if a rule could be devised that would remedy the evil without producing mischiefs far worse than the evil to be remedied. Endless litigation, in which nothing was ever finally determined, would be worse than occasional miscarriages of justice . . . .?? (Cedars-Sinai, supra, 18 Cal.4th at pp. 10-11, italics added, quoting Pico v. Cohn, supra, 91 Cal. 129, 133-134; accord, United States v. Throckmorton (1878) 98 U.S. 61, 68-69.) 9 D. Intrinsic Fraud Courts traditionally have distinguished between extrinsic and intrinsic fraud, a distinction which ?is of critical importance because intrinsic fraud cannot be used to overthrow a judgment, even where the party was unaware of the fraud at the time and did not have a chance to raise it at trial.? (Pour Le Bebe, Inc. v. Guess? Inc. (2003) 112 Cal.App.4th 810, 828.) As we have discussed, the introduction of perjured testimony is a classic example of intrinsic fraud. (See also Kachig v. Boothe (1971) 22 Cal.App.3d 626, 634, cited with approval in Pour Le Bebe, Inc. v. Guess? Inc., supra, 112 Cal.App.4th at p. 828.) Plaintiffs argue these principles do not apply because their second amended complaint does not seek to invalidate the denial of the mandate petition and does not seek their reinstatement. They characterize the two actions: ?The prior action litigated whether [plaintiffs] were entitled to equitable relief because inter alia the City of Los Angeles brought charges against them beyond the one year statute of limitations. The present action seeks statutory penalties and damages for a different and distinct violation of Government Code ? 3309.5 by an employee of the City of Los Angeles.? They rely on Corral v. State Farm Mutual Auto. Ins. Co. (1979) 92 Cal.App.3d 1004 (Corral). Corral arose out of an uninsured motorist arbitration between an insured and her insurer. The insurer refused to stipulate that the third party involved in the accident with the insured was uninsured. The arbitration was continued to allow the insured to obtain evidence that the third party was uninsured or to obtain a stipulation to that effect. When neither was obtained, counsel for the insured submitted on the evidence produced at the hearing. The arbitrator found for the insurer. Six weeks later the insured sought to reopen the arbitration based on a new declaration from the third party stating that he was uninsured. The request was denied on the ground the arbitrator lacked authority to grant the relief requested. (Corral, supra, 92 Cal.App.3d at pp. 1007-1008.) The insured?s motion in the superior court to vacate the arbitration award was denied as untimely, a ruling that was affirmed by the Court of Appeal. (Id. at p. 1008.) 10 The insured then filed a separate action against the insurer for breach of the duty of good faith and fair dealing. In it, she alleged that at all times the insurer knew that the third party was uninsured, and fraudulently contended at the arbitration hearing that he was insured. In opposition to the defense motion for summary judgment, counsel for the insured submitted his declaration in which he stated that a claims manager for the insured had told him before the arbitration that the insurer would treat the claim as an uninsured motorist case. The attorney declared that, in reliance on these assurances, he made no effort to obtain evidence of the third party?s lack of insurance coverage. (Corral, supra, 92 Cal.App.3d at pp. 1008-1009.) The Corral court rejected the insurer?s argument that the bad faith action was barred by either res judicata or the policies underlying finality of judgments. (Corral, supra, 92 Cal.App.3d at p. 1009.) Instead, it held that each proceeding was based on a different claim of right: the arbitration proceeding was brought to recover benefits under the uninsured motorist provision of the insurance contract; the bad faith cause of action was not based on facts surrounding the automobile collision or the terms of the insurance policy, but on bad faith (refusal to acknowledge that the third party motorist was uninsured) committed after the collision. The court concluded that the bad faith claim constituted a different cause of action, and so was not barred by collateral estoppel. (Id. at pp. 1011-1012.) It held that the bad faith action was ?not a collateral attack upon the arbitrator?s award as it is not directed toward directly preventing the enforcement of that award or defeating rights acquired under it.? (Id. at p. 1013.) The court in Corral acknowledged a then recent case that reached a different result, but disagreed with its holding. The case was Rios v. Allstate Ins. Co. (1977) 68 Cal.App.3d 811, which held that the doctrine of finality of judgments barred a separate action for bad faith alleging that in an arbitration between insurer and insured, the insurer had presented false evidence and testimony. (Corral, supra, 92 Cal.App.3d at pp. 1012-1014.) But Rios (and several other decisions) were cited with approval by our Supreme Court in Cedars-Sinai, supra, 18 Cal.4th at page 10. Of course, the Corral court did not 11 have the benefit of the Supreme Court?s reasoning in Cedars-Sinai, which was decided some 19 years later. Plaintiffs do not cite or discuss Rios, but argue that Corral should apply because in that case, as in this one, the facts giving rise to the second action occurred during the first proceeding. They contend: ?As demonstrated in Corral, it is the extraordinary obligations of the defendant that allows the second action to proceed. In that case, it was the insurance company?s obligation of good faith and fair dealing. . . . Similarly, in the present case the City of Los Angeles cannot get away with its conduct at the hearing on the writ where it presented the perjurous [sic] declaration because it had an independent obligation not to violate [plaintiffs?] rights under Government Code, ? 3309.5.? Here, to prevail in their action for damages, plaintiffs had to prove a violation of POBRA based upon defendant?s reliance on a perjured declaration to show that the tolling of the time to file disciplinary actions lasted long enough to render their discharges timely. This goes to the heart of the trial court?s finding in the mandate proceeding. To the extent that Corral stands for the proposition that the finality of judgments doctrine does not apply to a separate bad faith action arising from the presentation of false or perjured testimony in an earlier proceeding, we disagree, and instead follow Cedars-Sinai, supra, 18 Cal.4th 1 and Rios, supra, 68 Cal.App.3d at pp. 818-819. Plaintiffs also rely on Miller v. Campbell, Warburton, Fitzsimmons, Smith, Mendel & Pastore (2008) 162 Cal.App.4th 1331 (Miller). In that case, the executor of an estate hired a law firm to represent her in connection with her duties. At the conclusion of the probate matter, the firm requested and was awarded its fees except for one category which the probate court found to involve work for the executor in her individual capacity. The firm did not appeal that decision. Instead, it filed a new action seeking quantum meruit recovery of the denied fees directly from the client. The trial court held the action was barred by the final judgment in the probate case. The Court of Appeal reversed. Significantly, it found that the probate court did not decide that the law firm was not entitled to the additional fees, but only that the fees were not payable out of the estate. 12 (Id. at p. 1341.) As the Miller court explained, the probate court never ruled on the firm?s entitlement to fees directly from its client, and therefore there was no basis for collateral estoppel. (Id. at p. 1343.) The case before us is quite different. The court ruled on the tolling issue in the mandate proceeding. Indeed it was the central question in the case. ??Collateral estoppel precludes the relitigation of an issue only if (1) the issue is identical to an issue decided in a prior proceeding; (2) the issue was actually litigated; (3) the issue was necessarily decided; (4) the decision in the prior proceeding is final and on the merits; and (5) the party against whom collateral estoppel is asserted was a party to the prior proceeding or in privity with a party to the prior proceeding. (Lucido v. Superior Court (1990) 51 Cal.3d 335, 341.)? (Zevnik v. Superior Court (2008) 159 Cal.App.4th 76, 82.)? (Plumley v. Mockett (2008) 164 Cal.App.4th 1031, 1048-1049.) That describes the present case. Because the tolling issue was actually litigated in the mandate proceeding, a new claim based on the allegedly perjured declaration is a collateral attack on the mandate decision. Perjured testimony cannot be the basis for a separate proceeding. (Cedars-Sinai, supra, 18 Cal.4th at pp. 10-11.) In light of our conclusion, we need not and do not address City?s other arguments. DISPOSITION The judgment is affirmed. City is to have its costs on appeal. CERTIFIED FOR PUBLICATION. EPSTEIN, P. J. We concur: WILLHITE, J. MANELLA, J. Source: barstowwatch.com Source: probatecourtco.com Source: unitedstatesbankruptcycourtco.com Source: unitedstatesbankruptcycourtco.com Source: probatecourtco.com Source: unitedstatesbankruptcycourtco.com Source: bankruptcycourtco.com Source: bankruptcycourtco.com Source: unitedstatesbankruptcycourtco.com Source: probatecourtco.com Source: unitedstatesbankruptcycourtco.com Source: probatecourtco.com Source: whatisbankruptcyco.com Source: howtofilebankruptcyco.com Source: filebankruptcyco.com Source: bankruptcylawyersco.com Source: whatisbankruptcyco.com Source: whatisbankruptcyco.com Source: whatisbankruptcyco.com Source: foreclosureattorneyco.com Source: foreclosureattorneyco.com Source: foreclosureattorneyco.com
Source: foreclosureattorneyco.com

How A Bankruptcy Lawyer Can Grow And Thrive Even When Filings Are Way Down

Last year filings began to sink faster than we could cut costs. ?In fact, bankruptcy filings for the 12-month period ending March 31, 2012, fell 13 percent compared to bankruptcy filings for the 12-months ending March 31, 2011, according to the Administrative Office of the U.S. Courts.
Source: legalpracticepro.com

Get Assistance From a Richmond Bankruptcy Lawyer

Before you go to the bank and declare bankruptcy, you should try hiring a Richmond bankruptcy lawyer first. Bankruptcy lawyers help their clients who have financial problems. It might be that you are buried in debt, and that is the reason why you want to declare bankruptcy. However, your lawyer can help you look for ways wherein your financial status will be improved. He can cut down your bills so that you only need to make few payments in the future. He can also look for ways wherein you would be able to get some extra revenue. Extra money is very important especially if a person has a lot of bills to pay.Of course, there are always cases when filing bankruptcy is the best solution. It that is the best option for you, you lawyer could still assist you with your needs. Hiring a bankruptcy attorney is very important for people who have a lot of debts.
Source: albertfs.com

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Will Smith & Jada Pinkett Smith Discuss Their Marriage

Will Smith and his wife Jada Pinkett Smith know that being both married and famous can be tough, but they've both resolved to always be supportive and present when it counts. 

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Sunday, May 27, 2012

Baseball: Mezzadri, Bellingham rout Blackstone-Millville

Senior Nick Mezzadri went 3-for-4 with three runs batted in and two runs scored, leading Bellingham (15-4) to a 10-3 non-league baseball victory over Blackstone-Millville (8-9) yesterday.

Blackhawks starter Connor Birch threw four shutout innings for the win.

Nick Crivello had an RBI double and reached base three times, and Matt Nordquist had two hits and a run scored for the Chargers.

ST. JOHN?S 6, ALGONQUIN 3: Milak Daly and Tim Benson each scored a run and had an RBI for the Tomahawks (11-9) in a non-league loss to St. John?s.

WELLESLEY 9, MEDFIELD 1: John Picking went 2-for-3 with two RBIs as Wellesley (13-7) won its regular season finale over visiting Medfield.

Tim Superko and Avery Brooks each went 2-for-4 with two RBI for the Raiders, who will play in the Division 2 state tournament. Matt Lawrence went 2-for-3.

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HumanRightsFilms.com ? Performs of Industry Finance

The maximum goal in any business might be profitable Jeff Rutt and make money online; it is without a doubt money the fact that helps a home based business to build and develop. In order to be happy, an organization ought to able to take care of money inside of a sophisticated manner and therefore all organizations use a finance team that manages different personal transactions.

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Unlike some other trading tasks, CDFs haven?t any specific long term contract terms. A want incorporates something not essential, but that you want. These style of loans are actually easy to get.

Added glorious noted blogger Christie McCarty, "There Jeff Rutt a variety of cars out there." The mortgage allow them to settle the linking loan and even cover ones own development expenses. No loan company will lend students money for any worthless degree that wont help pay the balance of. Loans are a lifeline on a business hence in most cases entrepreneurs are Jeff Rutt low appeal quick loans on convenient terms. QuickBooks Hook up: This is a good supplement for a QuickBooks On-line subscription (QuickBooks 2011 users you will have to get any paid subscription to utilize this application past thirty days). You may possibly save a handsome profit on vibrant drivers? insurance policy by selecting a car from among the lower insurance coverage groups.

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Tornado Invites Itself To a Kansas Wedding

Tornado Invites Itself To a Kansas Wedding

Watch how they roll in Kansas. Nobody flinches! Pretty badass. ;)

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Saturday, May 26, 2012

First Fruits Salad for Shavuot ? Bay Area Bites | KQED Food

What's going on in your kitchen this weekend? Are you marinating ribs for a Memorial Day barbecue or making blintzes to celebrate Shavuot? This being the Bay Area, land of the multi-layered, self-created identity, you might very well be doing both. But since the world, both online and off, already bounds in recipes and opinions about ribs, let's talk about foods for Shavuot.

The go-to food, of course, is anything dairy-based. Most Jewish holidays have a one-word description of the foods associated with them. Hanukkah? Latkes. Purim? Hamantashen. Passover? Matzoh. Rosh Hashanah? Honey. With Shavuot, it's dairy. Whether or not you follow Jewish dietary laws forbidding the mixing of meat and milk at the same meal, it's traditional to make the celebratory meal of this late-spring holiday be a dairy-focused, meatless one. Blintzes, bagels with cream cheese and lox, pastries filled with sweetened farmer's cheese, cheese platters, cucumber-and-radish salads mixed with sour cream or yogurt, cheesecake: they all have a place on the table, and the milk used could be cow, sheep, or goat.

Shavuot is both a religious and a seasonal, agricultural holiday. Most importantly, it celebrates the giving of the holy books, or Torah, to the Jewish people on Mount Sinai, which is commemorated with all-night study sessions of Torah. But it's also a spring festival, celebrating the harvest of the season's first fruits, which were taken by farmers in joyous procession to the Temple as a tithe or offering.

First Fruits Salad. Photo: Rebecca JosephThis past week, I helped kosher catering company 12 Tribes feed a group of Jewish-studies scholars during a two-day academic conference. Company founder and rabbi Rebecca Joseph created a dessert salad which she dubbed First Fruits Salad in honor of the upcoming holiday. As she wrote to me later, "Besides being easy to make and using all Biblical ingredients [all the items in the salad are mentioned at least once in the Bible], I like that this salad also has an echo of Passover haroset. We count the days from Passover to Shavuot [in a daily ritual known as the Counting of the Omer] as a way of remembering the first fruits brought to the Temple--barley at the beginning of the period, fruits on Shavuot."

The recipe is very simple, and works equally well as a light, refreshing dessert (we served it with biscotti) or a tasty addition to a brunch table. It's delicious alongside a dairy-based dessert, or, for those who can't have dairy in their diets, with a delectable alternative like this tofu-based Parve at Sinai Cake, which resembles an Italian-style, ricotta-based cheesecake, rather than the denser, richer New York type.

Keeping in mind the significance of barley at this time, I might also serve a grain-and-vegetable salad, like Wheat Berry Sunshine Salad or Wheat Berry Salad with Green Onions and Feta, substituting cooked barley for the wheat berries. For best results, soak your barley in water to cover for several hours. Drain, then cook like rice, using a one-to-three ratio of barley to water (for example, one cup barley to three cups water). Bring water and barley to a simmer, then cover, reduce heat, and simmer for 45 minutes to one hour, until barley is tender-chewy.

But back to the First Fruits Salad. Making this salad is a snap. Peel, core, and cube several of your favorite tart eating apples; I would suggest Honeycrisp or Granny Smith. Toss with chopped dates, toasted slivered almonds, and currants. In a small bowl, stir together equal parts pomegranate molasses and honey. (Joseph uses Gipson's Golden blackberry honey.) Adjust the proportions to your taste, then drizzle the pomegranate dressing over the salad and toss to coat. The idea is to add a little flavor and tanginess; the fruits shouldn't be heavily coated. Enjoy!

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This entry was posted by Stephanie Rosenbaum on Saturday, May 26th, 2012 at 10:53 am and is filed under food and drink, holidays and traditions. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
tags: barley, cheese, cheesecake, dairy, fruit salad, Jewish, jewish holidays, shavuot

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How you can watch SpaceX's Dragon dock with the space station

You can have a ringside seat to witness the space station's robotic arm pull in Dragon, the first commercial spacecraft to visit the outpost. Time to watch is between 10 a.m. and noon EDT.

By Pete Spotts,?Staff writer / May 25, 2012

In this photo made available by NASA, the SpaceX Dragon commercial cargo spacecraft approaches the International Space Station on Thursday, May 24, 2012 for a series of tests to clear it for its final rendezvous and grapple on Friday, May 25.

NASA/AP

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SpaceX's Dragon spacecraft is about to make history ? and you can watch.

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If all continues to go well, by about 10 a.m. EDT, the craft will have moved to within 10 meters of the International Space Station. Space station flight engineer Don Petitt, the mission's grappler-in-chief, will use the station's Canadian-made robotic arm to grasp Dragon.

To watch the history-making event and listen to the play-by-play, point your Web browser to NASA-TV at http://www.nasa.gov/multimedia/nasatv/index.html.

Although the process of grappling and berthing looks to be fairly simple, it isn't, notes astronaut Catherine Coleman, who grappled the Japanese HTV on its second supply mission to the station in January 2011. She likens it to trying to pass something from one car to another ? when both are traveling at interstate speeds.

On orbit, it's a Grey Poupon moment at 17,500 miles per hour between one vehicle that weighs more than 1 million pounds and another weighing a tiny fraction of that. Still, Dragon can inflict a world of hurt on the station if something goes wrong. Hence the delicate touch Petitt must apply and the slow pace he'll use to pull Dragon to the station's docking port.

Flight controllers are trying to maintain a schedule that allows Dragon's capture and berthing to take place during the sunlit portions of the station's 90-minute orbits.

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First Person: Why I Didn't Buy Into the Facebook IPO Hype

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