Sunday 30 September 2012

petersavodnik: RT @BahmanKalbasi via @GEsfandiari Now even Google map calls part of L.A where many Iranians live Tehrangeles. http://t.co/hgc8pDx4 ? #Iran


BBcode, for forum posts and signatures:

--> 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.


Post a reply

RolePlayGateway is a site built by a couple roleplayers who wanted to give a little something back to the roleplay community. The site has no intention of earning any profit, and is paid for out of their own pockets.

If you appreciate what they do, feel free to donate your spare change to help feed them on the weekends. After selecting the amount you want to donate from the menu, you can continue by clicking on PayPal logo.

Who is online

Registered users: *Falie~Nyan~Kat**, _NotTheNormalOne_, Abrielle*, AceofSpade, Ahri*, aipsylon, akashi*, Alexander Hamilton, all.smiles, Angelfire*, Aniihya*, Arch_Demon666*, Archailist, Asher MstrImmortalis*, AsuraDeWinters*, AugmentationAudit*, AugustArria*, AvengerSpirit, BAWADABOO, bellelaine, Blackbird26, Blazewind*, BOO!, Breyerluv*, Broken_Storm*, Bromander Shepard, Canibelle*, Carcino*, Catbus*, ceh12*, CelticCat*, cha-kun, ChaosxChild13, Child of the Winged*, cirrus_sd*, ColeMaibara*, Coloratura, Colors of Iris*, Constellations, Corpse of Ruin, Creek, crystalrain*, CuteAsKaylah*, DA_SHADOW_PHOENIX, danm36*, Dante Angelico, Dark Star*, DaughterOfTheNight*, Deallo*, delfiler, dig17*, Dmitrij Rosha, draketemple*, Draruto, Dreamalot106*, EKRonnie*, Eladonius*, Elrith Eldwind, ElvenEllis*, EmbracingIllusions, Emerald.x*, Erik7622*, Essence, EverFrost*, Exabot [Bot], Firebird18, FirestormEmbrace, Flexar*, FoxGlove, Gamer_Templar*, Google [Bot], Google Adsense [Bot], Google Feedfetcher, GoriexGorie*, Haas33*, Hazezon, Hinechan*, HOLYCRAPAGHOST*, I_Eat_Cookies, iCat*, Imagine That!, Imehal, Intricacy*, ItsViolet, jackrules158*, Jadeling Hawkins*, JetBlack*, JokerofSpades, KadMan, Kansiov*, KiddeStarr*, KiraArsenic*, KitKit*, Korrye*, KrazyTigger*, Kyren.Laili*, LadyoftheLand*, LavenderMistress*, Lego's Apex Predator*, Leli, Leon21, Lifecharacter*, LitaKnix*, Little Fox*, Little Troll*, Lost Whisper, Lovely ?*, LRmember*, Lufia*, LunaSpirit*, Marcus*, Mariofox*, MasterCherry*, Memento-Mori*, MetalSliver*, Modesty*, Monochrome*, Monroe*, Morgan, Mousie*, Nevan, nightwolf, Nikolai*, Nocturne, NorthernSoul, NotAFlyingToy*, Nulix*, Oblivian, OpalePhantasmagoria, OverTheRainbow, Patcharoo, PirateofPie, PoorImpulseCtrl, PoptartCat, PreachingLegionary*, Princess Awinita*, Protoman X*, Purpl3_Flam3s, Qaida*, Raidose*, raindrops_autumn*, Ran_Akuma*, ReaperGirl4, Rend*, RoseAmedori*, Ruby Piranha*, Rulke, Runika*, S1mon*, Saint Crash, sasha-jen*, Saxious*, Seirei*, Selene Durlan, shadereen, Shadetree76*, Shadow44499*, shadowty, Shaodow, ShaShaBoomStar*, Shifter13*, SilverStar89, SkullsandSlippers, SMinSC, Snow*, Sokka25, Something?*, StrobeLight, SubjectUbsillon, SugarPlum2, Susie Maddy Daison*, Talisman*, Taroo, TemplarWarden*, The Great Thundorz*, The Harbinger, The*Lucky*Teacup*, TheFlag*, TheNoremac42*, Thorait, ThornGood*, throne, Thundera*, Thundergod1020*, tornadofan2, TRUE-ASSASSIN, twi-twi, Uncertainly*, Uriel*, Verum Umbra*, Vestiline*, Vexilous*, VindicatedPurpose, virginny*, VitaminHeart*, ViviOrunitiaFF9, WadeJackel*, Wake*, Whispers..x*, WhySoSerious?*, wieu*, Wing06Twilight, wolfoftheage*, Wudgeous, XavierDantius32*, Xiiver*, XxEvil1xX*, YoureStillAnInnocent*, ZacharyTC*, zeno3111*, ZietaDeSeduction*

Source: http://feedproxy.google.com/~r/RolePlayGateway/~3/bW1_SdnXodQ/viewtopic.php

tannehill joel ward mock draft washington redskins north country brian mcknight sbux

Saturday 29 September 2012

Video: Has the election become about Romney vs. Ryan?

Sorry, Readability was unable to parse this page for content.

Source: http://www.msnbc.msn.com/id/3036697/vp/49217819#49217819

may day protests tony nominations 2012 facebook organ donor jessica simpson gives birth carrie underwood blown away chk ryan o neal

Best Social Media Apps In The World - Business Insider

Kevin Smith, Business Insider

Earlier this month,?we published the App 100, a collection of the best across all platforms.

Realizing that 100 apps is?a lot to digest, we decided to break up the list by category.

Over the next several days we'll republish the individual sections to help you get through the best apps easier.

Here's our definitive list of the best social media apps you can get today.

Source: http://www.businessinsider.com/best-social-media-apps-in-the-world-2012-9

USA Basketball taio cruz taio cruz Winter Olympics 2014 powerball numbers freddie mercury Horshack

The Presidential Race at Nationals Park Seems Stacked (WSJ)

Share With Friends: Share on FacebookTweet ThisPost to Google-BuzzSend on GmailPost to Linked-InSubscribe to This Feed | Rss To Twitter | Politics - Top Stories Stories, RSS and RSS Feed via Feedzilla.

Source: http://news.feedzilla.com/en_us/stories/politics/top-stories/252009315?client_source=feed&format=rss

touch nitrous oxide rihanna thug life tattoo chuck pagano arizona governor seal team 6 patrick witt

Hear this: Earphone cords make cool portraits

[unable to retrieve full-text content]

The Internet has helped expose artists who work with such varied mediums as hole-punch dots, breakfast foods, and pennies. The latest unexpected art tool? Those oft-tangled earphone cords that come with your iPods.The Internet has helped expose artists who work with such varied mediums as hole-punch dots, breakfast foods, and pennies. The latest unexpected art tool? Those oft-tangled earphone cords that come with your iPods.


Source: http://todayentertainment.today.com/_news/2012/09/28/14138652-now-hear-this-twisted-earphone-cords-create-cool-portraits?lite

memorial day ivan rodriguez planetary resources mothers day gift ideas natalee holloway scotty mccreery megan fox pregnant

FDA warning public of risks of online pharmacies

The Food and Drug Administration is warning U.S. consumers that the vast majority of Internet pharmacies are fraudulent and likely are selling counterfeit drugs that could harm them.

The agency on Friday launched a national campaign, called BeSafeRx, to alert the public to the danger, amid evidence that more people are shopping for their medicine online, looking for savings and convenience.

Instead, they're likely to get fake drugs that are contaminated, are past their expiration date or contain no active ingredient, the wrong amount of active ingredient or even toxic substances such as arsenic and rat poison. They could sicken or kill people, cause them to develop a resistance to their real medicine, cause new side effects or trigger harmful interactions with other medications being taken.

"Our goal is to increase awareness," FDA Commissioner Dr. Margaret Hamburg told The Associated Press, "not to scare people away from online pharmacies. We want them to use appropriate pharmacies."

That means pharmacies that are located in the U.S., are licensed by the pharmacy board in the patient's state and have a licensed pharmacist available to answer questions. In addition, the pharmacy must require a valid doctor's prescription for the medicine. Online drugstores that claim none is needed, or that the site's doctor can write a prescription after the customer answers some questions, are breaking the law.

Research by the National Association of Boards of Pharmacy, which represents the state pharmacy boards, found that of thousands of online pharmacies it reviewed, only about 3 percent follow state and federal laws. In fact, the group's website lists only a few dozen Internet pharmacies that it has verified are legitimate and following the rules.

Most consumers don't know that. An Internet survey, conducted by the FDA in May, questioned 6,090 adults. It found that nearly one in four Internet shoppers has bought prescription drugs online, and nearly three in 10 said they weren't confident they could do so safely.

The campaign comes after some high-profile cases of counterfeit drugs reaching American patients earlier this year.

In February and again in April, the FDA warned doctors and cancer clinics around the country that it had determined they had bought fake Avastin, a pricey injectable cancer medicine, from a "gray market" wholesaler. The fake Avastin vials originated in Asia or Eastern Europe and were transferred through a network of shady wholesalers before being sold to clinics by a wholesaler claiming to be in Montana.

In another case, the FDA issued a warning in May after learning consumers shopping on the Internet had bought fake versions of generic Adderall, a popular medication for attention deficit hyperactivity disorder.

No deaths or serious injuries have been linked to those fakes, but Hamburg notes that when drugs don't help patients get better, doctors usually blame the disease or assume a different medicine is needed. That means most fakes aren't detected.

So the FDA, which has put increasing focus on the counterfeiting problem, on Friday launched a website, www.FDA.gov/BeSafeRx , that shows consumers how to determine if an online pharmacy is safe.

"Buying prescription medicine from a fake online pharmacy can be dangerous, or even deadly," the site warns.

It includes tips on how to spot illegal pharmacies, links to state databases of licensed pharmacies and explanations of all the dangers of rogue pharmacies. Besides likely getting fake drugs, that includes the risk that they will infect your computer with viruses, sell your personal and financial information to other rogue websites and Internet scammers, or charge you for products you never ordered or received.

Many rogue pharmacies claim to be in Canada ? because Americans know medicines are cheaper there and assume that's why they're getting a deal. Many fraudulent sites even put the word Canada in their name, or display the Canadian flag prominently on the site. Their web storefronts are slick and look professional. And they all offer prices that are unbelievably low.

"If the low prices seem too good to be true, they probably are,' Hamburg said.

The FDA is collaborating with several other federal agencies and departments and even Interpol in the campaign, Hamburg said, and it has asked medical and pharmaceutical industry groups to join in.

It's also reaching out to doctors, pharmacists and medical facilities to spread the word. They'll get access to materials they can download, from patient fact sheets and discussion guides to sample blog items and web banners for a practice's own website. There's also a list of tips to help doctors determine if a patient may be buying medicine online.

The agency will do a follow-up survey to see if the campaign's message is reaching the public.

"What's truly important to us is that consumers know how to look for an online pharmacy that's legitimate and safe," Hamburg said.

___

Linda A. Johnson can be followed http://twitter.com/LindaJ_onPharma

Source: http://news.yahoo.com/fda-warning-public-risks-online-pharmacies-100205489--finance.html

cee lo allen iverson jr smith chris anderson rondo suspended bay bridge raul ibanez

Maggot guts help police identify body

Police in Mexico recently discovered a body burned beyond recognition in a remote patch of woods just off a country road. The hands and feet were missing. There was no physical evidence nearby except a school graduation ring. The body was in such bad shape that investigators couldn't even determine the gender. The only soft tissue available for genetic analysis was a burned fragment of liver, but attempts to get a DNA profile from this bit of evidence proved futile.

However, forensic investigators were able to find useful genetic material in an unusual place ? inside the guts of the maggots infesting the corpse's neck and face.

"This is the first reported case of analysis of human DNA isolated from the gastrointestinal tract of maggots used to identify a victim in a criminal case," a group of researchers from Monterrey, Mexico, wrote in a report this month in the Journal of Forensic Sciences.

  1. Science news from NBCNews.com

    1. Can a plug-in change your politics?

      Science editor Alan Boyle's blog: If your Web browser told you that your online reading habits leaned toward the conservative or liberal side of the political spectrum, would you seek out more diversity?

    2. 'Frozen Dead Guy' may move to Michigan
    3. Tired of killing, tribe resorts to old traditions
    4. China volcano shows signs of unrest

Ten days before the body was found, a man claimed his daughter had been abducted. He recognized the ring, but couldn't tell if the badly burned corpse was his daughter. The investigators took a DNA sample from the man and then looked at the gut contents of three blowfly maggots from the dead body. They found traces of human DNA in the bugs' stomachs. With this evidence, they found that the victim was female, and they were able to run a paternity test, which came back with a 99.68-percent match to the man, confirming that this was his abducted daughter.

Maggots are commonly used to construct timelines for crimes, as larval development can indicate how long a victim has been dead. Attracted by gases escaping from a decomposing corpse, blowflies often show up within minutes of death, infesting parts of the body and laying their eggs there. It's the larvae that result from these eggs that serve as a timestamp; depending on the temperature they develop from egg to winged adult in a matter of 10 or so days.

But the researchers say this grim case shows how else the insects might be used as clues.

"If maggots are encountered in association with human remains, investigators could utilize this approach if the extraction of DNA from other sources is not possible," wrote the researchers, led by Marta Ortega-Mart?nez, of Universidad Aut?noma de Nuevo Le?n.

Follow LiveScience on Twitter @livescience. We're also on Facebook? and Google+.

? 2012 LiveScience.com. All rights reserved.

Source: http://www.msnbc.msn.com/id/49218951/ns/technology_and_science-science/

kid cudi breedlove florida state football florida state football ben breedlove kid cudi ben breedlove matt barnes

Friday 28 September 2012

Debates a shot at finding that 'defining moment'

{ttle}

{cptn}","template_name":"ss_thmb_play_ttle","i18n":{"end_of_gallery_header":"End of Gallery","end_of_gallery_next":"View Again"},"metadata":{"pagination":"{firstVisible} - {lastVisible} of {numItems}","ult":{"spaceid":"2022398630","sec":""}}},{"id": "hcm-carousel-1105937812", "dataManager": C.dmgr, "mediator": C.mdtr, "group_name":"hcm-carousel-1105937812", "track_item_selected":1,"tracking":{ "spaceid" : "2022398630", "events" : { "click" : { "any" : { "yui-carousel-prev" : { "node" : "a", "data" : {"sec":"HCMOL on article right rail","slk":"prev","itc":"1" }, "bubbles" : true, "test": function(params){ var carousel = params.obj.getCarousel(); var pages = carousel._pages; // if same page, don't beacon if(("_ult_current_page" in carousel) && carousel._ult_current_page==pages.cur) return false; // keep track of current position within this closure carousel._ult_current_page = pages.cur; return true; } }, "yui-carousel-next" : { "node" : "a", "data" : {"sec":"HCMOL on article right rail","slk":"next","itc":"1" }, "bubbles" : true, "test": function(params){ var carousel = params.obj.getCarousel(); var pages = carousel._pages; // no more pages, don't beacon again // if same page, don't beacon if(("_ult_current_page" in carousel) && carousel._ult_current_page==pages.cur) return false; // keep track of current position within this closure carousel._ult_current_page = pages.cur; return true; } } } } } } })); }); Y.later(10, this, function() {Y.namespace("Media").ywaSettings = '"projectId": "10001256862979", "documentName": "", "documentGroup": "", "ywaColo" : "vscale3", "spaceId" : "2022398630" ,"customFields" : { "12" : "classic", "13" : "story" }'; Y.Media.YWA.init(Y.namespace("Media").ywaSettings); }); Y.later(10, this, function() {(function() { try{ if (Math.floor(Math.random()*10) == 1) { var loc = window.location, decoded = decodeURI(loc.pathname), encoded = encodeURI(decoded), uri = loc.protocol + "//" + loc.host + encoded + ((loc.search.length > 0) ? loc.search + '&' : '?') + "_cacheable=1", xmlhttp; if (window.XMLHttpRequest) xmlhttp=new XMLHttpRequest(); else xmlhttp=new ActiveXObject("Microsoft.XMLHTTP"); xmlhttp.open("GET",uri,true); xmlhttp.send(); } }catch(e){} })(); }); Y.later(10, this, function() {if(document.onclick===YAHOO.Media.PreventDefaultHandler.newClick){document.onclick=YAHOO.Media.PreventDefaultHandler.oldClick;} }); }); });

Trial of pope's ex-butler to shine big light on tiny Vatican

VATICAN CITY (Reuters) - The Vatican has certainly seen more sensational trials in its long history. The Inquisition ordered Galileo to recant his theory that the earth revolves around the sun, and philosopher Giordano Bruno was burned at the stake for heresy.

But even those cases, both in the 17th century, did not involve a breach of trust by a papal aide - the issue at the core of this Saturday's trial of papal butler Paolo Gabriele for stealing and leaking the pontiff's personal papers.

One of the worst crises in Pope Benedict's papacy will play out in a small Vatican tribunal, where a three-judge panel will decide the fate of the 46-year-old Gabriele, whom the pope used to call "Paoletto" (little Paul) and who is now described in Vatican documents as "the defendant".

The case will put the inner workings of the tiny Vatican, the world's smallest state, in the type of media spotlight it usually strives to avoid.

The man who served Pope Benedict his meals and helped him dress is charged with aggravated theft for leaking private papers in a self-styled attempt to clean up what he saw as evil and corruption in the headquarters of the Roman Catholic Church.

The documents pointed to a power struggle at the church's highest levels.

Gabriele, who said he saw himself as a whistle-blowing "agent of the Holy Spirit", risks up to four years in jail if convicted, which is widely expected to be the outcome of the case because he has confessed.

ITALIAN JAIL

Since the Vatican is a monarchy where the pope reigns supreme, the trial will start when the president of the tribunal, standing in front of a crucifix, says, "In the name of His Holiness, Pope Benedict XVI ...".

The trial procedures will be based on a 19th century Italian penal code.

The wood-paneled courtroom, which can hold only several dozen people and has an ornate papal crest at the centre of its ceiling, is the venue for about 30 trials a year, usually for petty crimes such as theft in St Peter's Square, according to Prof. Giovanni Giacobbe, an expert on Vatican law who briefed reporters.

It is not clear how long the trial might last.

Gabriele, a father of three living a simple but comfortable life in the city-state, told investigators after his arrest in May that he believed a shock "could be a healthy thing to bring the Church back on the right track".

The trusted manservant said he wanted to help root out the corruption, "because the pope was not sufficiently informed", according to details made public when Gabriele was indicted in August.

"The Pope cannot tell the judge what verdict to reach, but he can intervene at any time if he wants to, and he can also grant a pardon," Giacobbe said.

Since the papal state has no prison, Gabriele would serve time in an Italian jail if he is convicted and the pope does not pardon him.

TELEVISION NOT ALLOWED

Either side at the trial can call witnesses, but the president of the court will decide on each request. The prosecution and the defense cannot directly question the defendant or witnesses but must do so through the judge, Giacobbe said.

The trial will be covered by a pool of eight reporters. Television cameras and recording devices will be not be allowed in the courtroom, but the Vatican will release a short, silent video clip of the opening of each session of the trial.

Gabriele's arrest capped nearly five months of intrigue and suspense as a string of documents and private letters found their way into the Italian media.

The most notorious of the letters were written to the pope by Archbishop Carlo Maria Vigano, currently the Vatican's ambassador to Washington, who was deputy governor of Vatican City at the time.

In one, Vigano complains that when he took office in 2009, he discovered corruption, nepotism and cronyism linked to the awarding of contracts to outside companies at inflated prices.

Vigano later wrote to the pope about a smear campaign against him by other Vatican officials who were upset that he had taken drastic steps to clean up the purchasing procedures.

Despite begging not to be moved away from the Vatican, Vigano was later transferred to Washington by Secretary of State Cardinal Tarcisio Bertone, the Vatican's number two.

Other leaked letters concerned the Vatican's bank, which has been at the centre of several scandals in the last few decades.

The Vatican has described the revelations as a "brutal" attack on the pope. Benedict himself has merely alluded to personal pain and criticised a media portrayal of the Vatican that "does not correspond to reality".

Gabriele will go on trial alongside Claudio Sciarpelletti, a Vatican computer expert who is charged with aiding and abetting a crime. Sciarpelletti risks up to one year in jail.

(editing by Jane Baird)

Source: http://news.yahoo.com/trial-popes-ex-butler-shine-big-light-tiny-133853292.html

doomsday clock nate robinson sharia law sharia law new hampshire primary results ron paul molly sims

Tips on Choosing the Right University | Education Blog - Online ...

27 9 f 300x201 Tips on Choosing the Right University University is a formal education place to enlarge your knowledge and skill and get degree that you want. ?Not all you can take education program at university because there are some reasons for this either financially or non-financially. If you have family who want to support you to continue your education at university, you should take the chance so you can have good future although you should pass long process to get degree. But before this happens, you surely should choose the right university first. There are several tips that you can use as reference before you choose wrong university.

Choose a university which matches with your skill and talent. Don?t follow other people or your parents? desire if you don?t feel comfortable with their choice. Remember hard job will be easy if you have skill and talent which match with the job, it is also available in choosing university. Furthermore, a success does not depend on choice of other people but it depends on you.

Pay attention to credibility, acridity, and background of university. You should choose high quality university which is able to create high quality graduates. At this time most of companies only want to receive graduates of universities which are accredited. You should not be affected by university advertisements on television, radio, or other media because it sometimes is an indirection.

Consider college cost with your budgets. You should really calculate college costs correctly start from registration cost to graduation costs. You surely don?t want to stop your college because you and your family don?t have enough budgets anymore, right? You should ask university?s staffs about these costs detail and try to look for a chance to get a scholarship, okay!

If you are still confused of choosing university, you better choose Christian University directly. This university is a reliable university which offers many useful college programs for you. You surely will feel proud of this university.

This is a sponsored article.

Related posts:

  1. Choosing the Right Extracurricular There are many kinds of extracurricular that are provided either...
  2. Tips on Handling Children with Dyslexic Education is the most important thing for any children besides...
  3. Boston University: Compatibility with Personality Types and Preferences Part (4) ESTJ likes the facts and the tradition associated with teaching...
  4. Parenting Tips: Making Your Children Happy For the time being, students sometimes feel bored of studying...
  5. Getting a Good Education Nowadays most high school graduates continue their study to university...
This entry was posted in College, Information, University and tagged education, university. Bookmark the permalink.

Source: http://www.adopcionfarned.com/2012/09/tips-on-choosing-the-right-university/?utm_source=rss&utm_medium=rss&utm_campaign=tips-on-choosing-the-right-university

detroit red wings jose canseco zimmerman derek fisher lyrid meteor shower hippocrates andrew breitbart

Thursday 27 September 2012

China underestimated global slowdown, key to rates: central bank adviser

BEIJING (Reuters) - China severely underestimated this year's global economic slowdown and further cuts to Chinese interest rates or bank reserve requirements hinge on any new deterioration in the external environment, a central bank adviser said on Thursday.

Chen Yulu, a professor at China's Renmin University and an academic adviser to the monetary policy committee of the People's Bank of China (PBOC), was speaking to reporters on the sidelines of a conference in the capital on global economic conditions and capital flows.

"We have indeed underestimated the severity of the external economic situation," Chen said, adding that the global economy could remain sluggish for an extended period.

Asked whether the PBOC would opt to boost the economy by further cutting interest rates or required reserve ratios (RRR) for banks to spur commercial lending, Chen said: "It will hinge on the degree of deterioration of the external situation."

The PBOC cut interest rates twice in June and July and lowered RRR three times since late 2011 freeing an estimated 1.2 trillion yuan ($190 billion) for new lending.

But it has held off on more aggressive easing measures since then, despite further signs of cooling demand at home and abroad. Instead, it has opted to pump short-term cash into money markets to ease credit strains, a move analysts say reflects Beijing's concerns about renewed property and inflation risks.

The central bank said on Tuesday that it will "fine tune" policy to cushion the economy against global risks while closely watching the possible impact from recent policy loosening in the United States and Europe.

REFORM, INFLATION RISKS

PBOC Vice-governor Liu Shiyu, speaking at the same event as Chen, said support for economic growth must be balanced by the need to curb inflation.

Chen reiterated the point, saying that policymakers were acutely aware of the risk of loosening policy too far and setting off another round of house price inflation in China.

"Monetary policy faces a dilemma. On the one hand it (the central bank) needs to stabilize economic growth and on the other hand, it's very worried about the problem of property prices," Chen said.

Chen said the use of money market operations was more reflective of the PBOC's push for financial sector reforms that let the markets take a more active role in setting the price of capital, saying the central bank could not simply loosen policy to boost the economy as it needed also to spur structural change.

"The adoption of reverse repos reflect this policy consideration," he said.

China's central bank injected a net 365 billion yuan into money markets this week, traders said, the largest-ever weekly injection, as regulators struggle to maintain liquidity without producing inflation as forex inflows slow.

Investors broadly welcome Beijing's plans for reform, but are concerned that the government's timing is off and that the economy could be derailed by a global economic downturn that has sapped overseas orders for exports from China's factories.

Liu sought to play down the risks facing China's economy, saying slowing growth this year was a desirable outcome of macroeconomic adjustments.

China's government has said repeatedly that it wants to steer growth lower to complete structural economic reforms after three decades of breakneck development that has seen annual growth average 10 percent.

Export growth this year is averaging around 7.8 percent versus 2011. August's growth slumped to 2.7 percent compared with a year ago and the Commerce Ministry sees a risk that things could get worse in the months ahead, jeopardizing the official target of a 10 percent year-on-year expansion of trade.

Exports generated 31 percent of gross domestic product in 2011 and supported an estimated 200 million jobs.

China's annual economic growth could ease to 7.4 percent in the third quarter - the seventh consecutive quarter of slowdown, before picking up to 7.6 percent in the final three months, according to the latest Reuters poll.

(Writing by Nick Edwards; Editing by Kim Coghill)

(nick.edwards@thomsonreuters.com; +86 10 6627 1270; Reuters Messaging: nick.edwards.reuters.com@reuters.net)

Source: http://news.yahoo.com/china-underestimated-global-slowdown-key-rates-central-bank-101544364--business.html

Expendables 2 Pussy Riot National Hurricane Center Zeek Rewards elvis presley elvis presley vanessa bryant

Bigger Utah firms soon will qualify for SBA support | The Salt Lake ...

Hundreds of Utah businesses that previously were unable to receive support from the U.S. Small Business Administration because their revenue was too large may soon qualify for assistance.

The SBA said Wednesday it has issued several new rules that become effective late next month that redefine the maximum size a firm can be and still be considered a small business.

Depending upon the industry in which they operate, the SBA will classify companies as a small business based upon either the number of their employees or annual revenue. The new standards apply only to companies that can be classified as a small business based on annual revenue.

The SBA estimates the new standards will cover more than 13,000 firms nationwide in the real estate and rental and leasing sector, 1,500 additional businesses in the educational services sector and 4,100 in the health care and social assistance sectors.

For example, a company that rents consumer electronics and appliances previously would have been considered a small business if its annual revenue was below $7 million. Under the new standard, it would be considered a small business if it generates revenue of less than $35.5 million a year.

Once the new rules go into effect, those businesses become eligible for SBA loan and federal procurement programs.

For information go to http://www.sba.gov/size and click on "What?s New with Size Standards."

Copyright 2012 The Salt Lake Tribune. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Source: http://www.sltrib.com/sltrib/money/54970850-79/sba-business-revenue-considered.html.csp

miguel cotto cotto ncaa bowl games bowls herman cain harry potter and the half blood prince city of ember

NYC auction offers 125 meteorites for sale

NEW YORK (AP) ? A New York City auction will offer 125 meteorites for sale, including a large chunk of the moon and a 179-pound iron cosmic rock that evokes Edvard Munch's iconic painting "The Scream."

The sale, one of the largest of its kind, is being held by the Dallas-based Heritage Auctions on Oct. 14.

The sale also includes a large piece of the Peekskill meteorite, famous for puncturing a Chevy Malibu in 1992 about 50 miles north of Manhattan, and the largest complete slice of the most famous meteorite in the world, the Willamette, a huge specimen that is housed at the American Museum of Natural History in New York.

The moon rock has the highest pre-sale estimate of $340,000 to $380,000; less than 0.1 percent of all meteorites recovered are lunar in origin. The 18-inch-tall meteorite, dubbed "The Scream," is estimated at $175,000 to $225,000.

"When I first saw this meteorite, I saw the resemblance in a heartbeat," said Darryl Pitt, who has consigned the piece to the auction. "It is sculpted in part by atmospheric entry and most significantly by its exposure to the elements on earth over millennia."

Three of the concave hallows are evocative of Munch's image of a man holding his head and screaming under a streaked sky. It is classified a Gibeon and was discovered in the Kalahari Desert in southern Africa.

More than half of the meteorites in the sale come from the Macovich collection, the world's largest grouping of aesthetic iron meteorites ? specimens that are considered desirable for display.

Specimens from the collection are found at the natural history museums in London, New York and Paris and The Smithsonian in Washington, D.C., among others. Its principal owner is Pitt, who said that 20 years ago all meteorites were selling for the same price irrespective of their aesthetic attributes.

"That has radically changed with the introduction of the first natural history auction in the mid-1990s," he said in an interview. "I was on a mission to popularize meteorites. I knew that the only way I would be able to attract interest on the part of the public was to offer objects that were more visually captivating."

"The overwhelming majority of meteorites are not aesthetic," he said.

The cover lot in the sale is of an iron meteorite with naturally formed holes that resemble a mask. The catalog says it is "arguably the most exotically aesthetic" and was discovered by indigenous tribesmen in Namibia with a metal detector. It is estimated to bring $140,000 to $180,000.

The Peekskill piece has a pre-sale estimate of $47,500 to $55,000.

There are others that have lower estimates but come with interesting stories, like a small portion of a meteorite estimated at about $4,000 that fell from the sky in 1492. It was later chained up in a church so it couldn't fly back into orbit.

Meteorite prices today depend on many variables. But there are two main markets: one of aesthetic iron meteorites and the other is of samples whose value is predicated on attributes other than aesthetics, like a piece of the planet Mars.

About two dozen of the meteorites in the sale have museum provenance and have no reserve.

"The point is I wanted to create a sale that had something for everyone," Pitt said.

___

Online:

Heritage Auctions: http://www.ha.com

Source: http://news.yahoo.com/nyc-auction-offers-125-meteorites-sale-162811320.html

mike wallace mike wallace chicago cubs split pea soup recipe the client list yahoo.com/mail baylor

A's cut?Rangers' lead in AL?West to 4

Associated Press Sports

updated 12:22 a.m. ET Sept. 26, 2012

ARLINGTON, Texas (AP) - All it took was one big swing from George Kottaras to give the Oakland Athletics a much-needed victory against the team they're chasing in the AL West.

Kottaras hit a leadoff homer in the 10th inning and the A's moved within four games of the division lead by beating the first-place Texas Rangers 3-2 Tuesday night.

"To do that and help the team in that manner was huge for me," Kottaras said. "I went up there looking for a fastball and he threw one that I could handle."

Before that, Oakland hitters were having a miserable time against the Texas bullpen. The A's managed only one hit and struck out nine times in five innings against Michael Kirkman, Koji Uehara and Alexi Ogando.

Instead of bringing in closer Joe Nathan or setup man Mike Adams, the Rangers went with Mark Lowe in the 10th.

Kottaras hit a 3-2 fastball from Lowe (0-2) into the first row of the upper deck in right field. The catcher has six home runs for the A's since he was acquired July 29 from Milwaukee.

The A's remained two games ahead of the Los Angeles Angels for the second AL wild-card spot. The Angels beat Seattle 5-4.

"Each and every win has a little bit more magnitude to it, especially against a team that's above you," Oakland manager Bob Melvin said. "This team's responded like this many, many times this year. It doesn't surprise me."

Lowe hadn't pitched in a week and has given up six runs in his last 1 1-3 innings. Nathan and Adams had pitched the past two days.

"Some of those other guys in the bullpen have to come in and get outs," Texas manager Ron Washington said. "It can't always be Joe Nathan or Mike Adams."

Texas' magic number remained at five for clinching its third straight division crown.

Scheduled starter Yu Darvish was scratched by the Rangers about 2 1/2 hours before the first pitch because of a stiff neck. Scott Feldman took his place.

Feldman was removed after allowing a leadoff single to Kottaras in the fifth. The right-hander gave up two runs and four hits in four-plus innings before being relieved by Kirkman.

"I wanted to go as long as I could," said Feldman, who threw 75 pitches. "I would have loved to have thrown 100 pitches."

The A's lost the opener of the four-game series 5-4 Monday night. The teams play five more times over the final eight games of the season.

Evan Scribner (1-0) earned his first career victory with a perfect 10th, and Grant Balfour got three outs for his 21st save in 23 chances.

Oakland has played five consecutive one-run games, winning two. The A's are 3-5 on a 10-game road trip against Detroit, the New York Yankees and the Rangers.

"It's an exciting feeling to be in this position," Kottaras said. "All we can do is control how we play. We've had a bunch of tough losses, but we keep pushing."

Chris Carter hit a solo homer for the A's with two outs in the fourth to tie the score at 2. He came into the game in a 6-for-45 funk with 27 strikeouts over his last 14 games.

Oakland starter Tommy Milone gave up three straight singles to start the game before retiring 15 of his next 16 batters. The young lefty yielded two unearned runs and six hits over six innings.

"Any win is big for us and kind of gives us momentum going into the last two games of the series," Milone said.

Ian Kinsler and Elvis Andrus opened the first with consecutive singles. Josh Hamilton lined a single to right that went under Brandon Moss' glove, allowing Kinsler and Andrus to score on the error.

Moss, who played his 21st game in the outfield this season, started in right for a slumping Josh Reddick - mired in an 0-for-28 slump.

Reddick came in as a pinch-hitter and lined out to end the eighth.

Moss made up for his misplay with a running catch of Andrus' deep fly on the warning track with the bases loaded to end the seventh.

Daric Barton, making his second start since being recalled from Triple-A Sacramento on Sept. 10, had an RBI double in the second to cut Oakland's deficit to 2-1.

NOTES: Oakland CF Coco Crisp came in as a pinch-runner in the eighth and stole second. He was not in the starting lineup for the seventh game in a row because of an eye infection. ... Andrus came into the game in a 4-for-32 slump. ... The A's struck out 15 times and have 1,322 for the season, two short of the AL record set in 2007 by Tampa Bay. ... Former Dallas Cowboys quarterback Roger Staubach was in a front-row seat near the Texas dugout.

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


advertisement

More news
Braves are in!

Freddie Freeman hit a two-run homer in the bottom of the ninth inning to put the Atlanta Braves back in the playoffs with a 4-3 victory over the Miami Marlins on Tuesday night.

Source: http://nbcsports.msnbc.com/id/49173891/ns/sports-baseball/

Joseph Gordon-Levitt space shuttle cam newton Torrey Smith Brother fiona apple awkward awkward

Roundup of Our Chesbay / Reyes / MillerCoors Coverage

FILED SEPTEMBER 25, 2012

Dear Client:

Here is a roundup of all of our issues to-date of the MillerCoors lawsuit against Chesbay blocking their sale to Reyes Holdings:

REYES TO BUY CHESBAY
August 31, 2012

Reyes Beverage Group has entered into an agreement to acquire 6 million case Chesbay Distributing Company from the Sampson family. Chesbay operates in Chesapeake, Virginia, carrying MillerCoors, HUSA, Crown Imports, Boston Beer, Pabst, Yuengling and Mike's Hard Lemonade brands among others. Chesbay was one of the first (if not the first) distributor to put in Vertique racks. That puts Reyes at around 105 million cases (including Crest Beverage in San Diego which is a J-V).

DENIED!
September 13, 2012

This certainly is a change of pace. After years of relative quiet from MillerCoors in the wholesaler approval front, it has emerged late last night they have filed a motion in federal court in Virginia to block Reyes Beverage Group's pending purchase of 6 million case Chesbay Distributing Company from the Sampson family. Chesbay operates in Chesapeake, Virginia, carrying MillerCoors, HUSA, Crown Imports, Boston Beer, Pabst, Yuengling and Mike's Hard Lemonade brands among others.

"We are exercising our right of first refusal to purchase Chesbay Distributing in partnership with an entity affiliated with Jeff Honickman because we think it is in the best interest of our brands to do so. Our distributor agreement provides MillerCoors a contractual right of first refusal. We feel strongly about determining the destiny of our brands and feel compelled to fight for our brands. Taking an ownership take in a distributorship is consistent with our Three-Tier System Doctrine provided that brewery ownership is permissible under state law, as is the case in Virginia."

That's a big step from MillerCoors which has more recently, since 2008 really, approved such big distributor consolidations such as Glazer's purcahse of Halo in San Antonio; and now the Mertigage purchase of Columbia in the PacNorwest is also pending. It also introduces a sort-of quasi-branch into Virginia.

Honickman is a partner is several MC distributorships, including being equal partners with Dominic Origlio in Philadelphia, equal partners with Simon Bergson in Manhattan Beer, and partners with both in distributorships in New Hampshire and Arizona (and Origlio in Jersey), and have been longtime Pepsi bottlers in the Northeast. They are also, like the Reyes, well-capitalized.

This seems to be a blow to the Reyes' organization, the largest beer distributorship in the country (not including A-B branches) and certainly MillerCoors' largest at over 100 million cases. Will there be a fight? Stay tuned...

MILLERCOORS: IRREVOCABLE RIGHT OF FIRST REFUSAL
September 13, 2012

In its complaint against Chesbay in blocking their pending sale to Reyes obtained by BBD, MillerCoors points to its distributor agreement (the same agreement the Virginia ABC had trouble with in 2009, see below). Specifically, in arguments to the US District Court for the Eastern District of Virginia, it points to Section 8 which gives MillerCoors the right to approve a buyer and the "irrevocable right and option to purchase that portion of the Distributor's business that is the subject of the Letter of Intent upon those terms and conditions and for the purchase price ... contained in such Letter of Intent..... and assign any or all of its rights.... to a third party of its choosing."

Problem is, MillerCoors says that Chesbay didn't execute a Letter of Intent, but went straight for the Purchase Agreement stage, which said it would exclusively negotiate with Reyes and is binding. MillerCoors says that itself is contrary to their Distributor Agreement, and says Chesbay is therefore in breach of contract. On September 12, MillerCoors exercised its first right of refusal and assigned OHMC, LLC to purchase Chesbay (OHMC being the entity jointly owned by MillerCoors and Jeff Honickman).

MillerCoors seeks a declaratory judgment that it has a "valid and enforceable right of first refusal" and that Chesbay has "breached the Distribution Agreement", calls upon the court to honor MillerCoors' right to "terminate the Distributor Agreement... and be awarded any damages, fees, and costs that it may incur as a result" plus attorney's fees etc.

BACKGROUND:

NOT FIRST RODEO. You will recall that MillerCoors had made a run at keeping Reyes from buying central Florida's blue-silver distributor, Schenck. MillerCoors had tried to cobble together a coalition of groups to negotiate with Schenck after Reyes made it known that it was negotiating with the company. But when it became apparent that no deal would be forthcoming, Schenck was notified by MillerCoors before the deadline that it was free to seek out another deal, and ultimately the Reyes offer stood alone and they closed the deal.

VIRGINIA BACKGROUND. Recall that back in 2009, the Virginia ABC joined regulators in California, Nevada, Texas and Michigan in voicing concerns about certain provisions in MillerCoors new 2008 distributor agreement, which Reyes had famously refused to sign at the time (see BBD 05/21/2009 ). The Virginia ABC sought "assurance from MillerCoors LLC that it will not seek to enforce the provisions of the Distributor Agreement detailed above with respect to Virginia wholesalers." One of the problems Virginia had with the MillerCoors contract involved the the brewery approval process for selling a distributorship. Virginia distributor attorney Walter Marston wrote to distributors at the time that "the VBWA may be able in the future to dialogue with major breweries and obtain informal understandings regarding the application of Virginia law to their distribution agreements. At the very least, major breweries can no longer safely assume that they will not be challenged when they issue one-sided, unreasonable contracts to Virginia beer wholesalers."

FRANCHISE LAW. In any case, Virginia franchise law doesn't allow for brewers to withhold approval "unreasonably", and Virginia law is thought to supersede the Distributor Agreement.

And then you have Chesbay's other major suppliers to consider: Crown Imports, Heineken USA, Boston Beer, Pabst, Yuengling, Mike's, and others. How will they feel being bought out by an entity with an ownership stake -- albeit temporarily -- by MillerCoors?

Also, Virigina does allow a brewery to temporarily own a non-controlling stake in a distributorship, so MillerCoors is qualified to own at least for a while. A source indeed tells BBD that their stake in the Honickman venture in Virginia would be temporary, and that this stake was in response to matching Reyes' offer, which was likely higher than Honickman would prefer to pay alone due to the synergies Reyes could muster having considerable other distributorship assets in the area.

MC GETS TEETH AGAIN. Those 2008 contract days, and the terminations which occurred after the Miller and Coors merger at the time in certain states, created some strain in the system, which has since alleviated. Will Reyes turn and fight? Judging from Virginia franchise law and the VA ABC's public stance, it seems like at first blush they'd have a decent chance in court. We'll see.

BREAKING: CHESBAY FIGHTS BACK
September 18, 2012

After MillerCoors denied Reyes Beverage Group the right to purchase Chesbay Distributing in Virginia and seeks to terminate Chesby due to alleged violations of their distributor agreement (see BBD 09-13-2012), we knew Chesbay would fight back based on Virginia's strong franchise laws, and indeed they have.

First, in a letter to the Virginia Alcohol Beverage Control, Chesbay's counsel Walter Marston writes that MillerCoors' block and delay of the sale to Reyes will "cause extraordinary harm, due to the 'fiscal cliff' that looms on January 1, 2013." (Presumably he's talking about the increase in capital gains tax). Time is of the essence, and the question to Chesbay is: Who can decide the issues on this case more quickly: the VA ABC or the federal court? Remember, MillerCoors' complaint is a simple breach of contract case, which is governed by state law.

"The question facing Chesbay Distributing Company is whether Virginia ABC is capable of resolving the state law issues promptly or whether it would be better to let the federal court decide the state law issues. I am inclined" writes Walter, "to ask the federal court to abstain but expeditious resolution of the issues is important." In other words, if the VA ABC can expedite this case, they can possibly save some time.

So Chesbay has filed a complaint against MillerCoors before the Virginia ABC, which makes several claims:

1. Unreasonable delay. Chesbay says MillerCoors has dragged its feet, and as a result, "a decision is no closer to taking place now than it was on May 3, 2012" when Chesbay submitted notice to MillerCoors of its intent to sell.

2. Failure to comply with mandatory decision standard. Chesbay says MillerCoors uses their distributor agreement (famous Article 8) to "evade the mandate . of the Beer Franchise Act constitutes a violation of that section. A brewery may not seek to override and take hostage the sale process using the devices that MillerCoors has unilaterally created for itself."

3. Illegally exercising authority beyond that conferred by VA franchise law. The Virginia beer code "does not permit a brewery to attempt to gain control of a beer distributor or to attempt to exercise a claimed right to purchase a beer distributor."

4. Attempting to exercise privileges available only to a licensed beer distributor.

Chesbay requests that the agency find that MillerCoors has violated Virginia law for the four top claims.

Here's a timeline of the Chesbay - Reyes deal:

May 3, 2012 - Chesbay gives MillerCoors a notice of intent to sell.

May 10, 2012 - MillerCoors vp distributor and sales services Tim Owston responds and writes that MillerCoors "hereby elects to exercise its right to negotiate exclusively for itself and its future assignees with Chesbay Distributing Company for the purchase of your business", and assigns the right to negotiate with Meritage Group (who has a deal to buy Columbia Distributing).

May 10, 2012 - Chesbay starts negotiating with Meritage, which Chesbay calls "a Connecticut-based investment firm with no prior beer industry experience." The negotiations go on for 90 days.

August 8, 2012 - Chesbay tells MillerCoors that they don't have a deal with Meritage, and then starts negotiations with Reyes. During these negotiations, "MillerCoors proceeded to channel other potential purchasers to Chesbay," which included JJ Taylor and Honickman/Bergson/Origlio. "None of them were able to produce an offer that equaled, much less exceeded, the offer that was on the table from Reyes Holdings."

August 28, 2012 - Chesbay and Reyes execute an Asset Purchase Agreement.

August 30, 2012 - Chesbay notifies Tim Owston that they have concluded successful negotiations with Reyes.

September 6, 2012 - Tim advises Chesbay that it has breached its contract with MillerCoors because it had entered into a binding purchase agreement.

September 12, 2012 - Tim writes a letter to Chesbay that MillerCoors is exercising its right of first refusal and is assigning its purchase right to OHMC LLC, a joint venture between MillerCoors and Honickman/Bergson/Origlio. MillerCoors files suit in federal court alleging breach of contract.

CHESBAY'S DILEMMA
September 20, 2012

Several readers have asked why Chesbay is fighting MillerCoors on the sale of their distributorship when the joint venture approved by MillerCoors is matching Reyes offer? The devil is in the details. One of of the things that complicates matters is that there is no guarantee that other suppliers would approve the deal, particularly if MillerCoors is a partner (even if only for 180 days). In particular, Crown and Yuengling are wild cards in that transaction, we're told. Without Yuengling alone, the deal becomes harder; and if Crown jumps to the A-B distributor -- well -- forget closing before December 31. (Plus Chesbay has signed a binding purchase agreement). So lots of questions remain.

MILLERCOORS GOES NUCLEAR
September 25, 2012

In an amended complaint on the Chesbay lawsuit, MillerCoors has gone rogue and has changed the cut of its jib, as it were, on its rights to choose acquiring distributors. Perhaps recognizing that its original complaint was particularly weak under Virginia franchise law, MillerCoors has amended their suit to widen the net with a more federal focus, and put forth the claim that their federal trademark registrations trump state franchise laws. If they are successful in their arguments, it could change the landscape in brewery approval cases.

Here is the gist of their argument, in four easy steps:

1. TRADEMARK OWNER. First, MillerCoors establishes that they own their brand trademarks and they are licensed to their distributors: "Chesbay's license to use the MillerCoors Trademark Assets in the Licensed Territory is contingent upon Chesbay's compliance with the standards of quality and uniformity that MillerCoors seeks to have associated with the MillerCoors Trademark Assets and the MillerCoors Brands," writes MC in their amended complaint.

2. FEDERAL TRADEMARK LAW. Second, MillerCoors brings up a federal law, the Lanham Act, which prohibits use of trademarks except by the registered owner and related companies where the owner still controls the trademarks. "In fact," says MillerCoors, the Lanham Act "imposes upon MillerCoors an affirmative duty" to control the trademarks.

3. CONTROL OF TRADEMARKS. So.... MillerCoors says that its distributor agreement is the instrument by which it controls its trademarks, and it "retains the contracutal right under its Distributor Agreement to control the quality and uniformity of" the trademarks, and can assign them to whomever they want. Presumably, allowing Reyes to have the trademarks is not an option they covet.

4. MC CAN DECIDE WHO LICENSES TRADEMARK. Therefore..... by signing the distributor agreement (which Chesbay did), Chesbay "acknowledge[d] that the trademarks, trade names, service marks, designs, brand names, labels, promotional slogans, and other trade designations MillerCoors uses in connection with all Products and other products sold or licensed to be sold by MillerCoors are and shall remain the sole and exclusive property of MillerCoors," says MillerCoors, quoting the distributor agreement.

This is a very different case indeed. It's a cut-and-dried federal trademark case, says MillerCoors.

REYES RESPONDS: "CHILLS DOWN YOUR SPINE"

To say that Reyes Holdings is not amused is an understatement. Here is Reyes' response in full:

"MillerCoors yesterday delivered the death knell to every state franchise law across the country. In the opinion of the foreign owned brewery, federal trademark law trumps state franchise laws. Period; end of story. All United States distributors take note: remember those franchise laws that MillerCoors represented you could rely on when you signed the MillerCoors distribution agreement, well apparently MillerCoors didn't really mean it.

"Based on MillerCoors' latest filings in federal court, the brewery believes that, not only can it direct distributors as to when, how, and to whom to sell their businesses, it can control every aspect of a distributor's business as it relates to their products and trademarks, regardless of state laws. The independence of the middle tier is non-existent in the mind of MillerCoors.

"We've listened to MillerCoors pay lip service over the years that it will follow state law if state law conflicts with its distribution contract. Statements to this effect have been made by MillerCoors to state regulators at the highest level, NBWA, state beer wholesaler associations, distributors, distributor attorneys and others.

"But when it's time for MillerCoors to put this into practice, it's a different story. Chesbay is simply following Virginia law and attempting to maximize the value of its business, which it has spent decades developing. After several MillerCoors anointed potential purchasers failed to offer a sufficient purchase price for its business, Chesbay negotiated and agreed on a deal to sell to Reyes Holdings. Apparently MillerCoors doesn't like that and wants to pretend that those state laws don't exist.

"If MillerCoors won't accept the fact that sections of its one-sided distribution agreement are unenforceable, and that state laws ultimately govern the relationship between suppliers and distributors, then it's time for a court to tell them so.

"We suggest that state ABC regulators and beer wholesaler associations, as well as others charged with upholding state laws and the 21st amendment, read MillerCoors' complaint. It should send chills down your spine."

MILLERCOORS RESPONDS TO CHESBAY SITUATION
September 26, 2012

MillerCoors last night responded to the reports of their amended lawsuit blocking the sale of Chesbay to Reyes. In their communique to distributors jointly from Tom Long and Ed McBrien, they make the argument that their amended complaint defending their trademarks is nothing new and is not an attack on franchise laws, and they suggest that it is the trade press which has stirred the pot.

I am reprinting it in its entirety:

"Based on the tone of recent trade media coverage, we wanted to quickly provide MillerCoors distributors with further context surrounding our decision to exercise our contractual right of first refusal relative to the proposed sale of Chesbay Distributing. Contrary to the picture being painted by advocates in the press, this is not an attack on state franchise laws. Rather, it is about protecting MillerCoors ability to match an offer from another purchaser and assign the right to purchase to its preferred buyer - in this case, a licensed wholesaler handling MillerCoors and other supplier brands in multiple territories. Importantly, this assignment keeps the seller whole, while at the same time protecting MillerCoors' brand trademark rights. This is nothing new. In fact, MillerCoors has long sought to protect its valuable brand equity through a balanced interpretation of state and federal law and our distributor contract. MillerCoors has gone to federal court to confirm that this right is consistent with Virginia law as well as MillerCoors ability to protect our brands. State franchise laws were developed to protect the value of distributors' existing businesses, especially when they choose to sell. They were not designed to guarantee the rights of buyers."

So MillerCoors is pointing out that while they are using federal trademark law to attempt to block the sale to Reyes, the end result doesn't change the value Chesbay gets for its business. This is true, as the MillerCoors/Honickman Group must match Reyes' offer. Although we note it puts Chesbay in a bind, as while they would theoretically get the same value for their business, they are still caught up in a legally binding purchase agreement with Reyes. Plus, there are the other suppliers that add complexity to the situation.

Regardless, distributors wrote and spoke to BBD in droves yesterday afternoon -- importantly before MillerCoors' memo was sent we should stress -- with nearly all distributors sympathetic to Chesbay and Reyes -- even A-B distributors. I would say that the prevailing sentiment isn't so much anger as it is disappointment. While I can't print all of your thoughts, I have picked a few that were representative of the whole.

Truth Squaders speaketh:

"NBWA is puzzled that MillerCoors is seeking to federally preempt state beer franchise law in its lawsuit against Chesbay Distributing. MC's desperate challenge contradicts its repeated public support for independent distributors, the three tier system and state alcohol regulation. Pursuit of this strategy is destructive to industry relations and, if successful, would be devastating to the independent beer distribution industry." -Craig Purser, National Beer Wholesalers Association

"There will surely be a response from MillerCoors clarifying their position, but I have to substantially agree with the Reyes statement for now. What value is the Distributor Agreement if this option is in place? Our state franchise law only requires that a Brewer sell us product, and that we purchase it to qualify the relationship between Brewer and Wholesaler. Might as well not sign the one-sided agreement if it doesn't mean anything. Reminds me of our current President who seems to find a way around the legislative process through Executive Order." -A. Distributor

"I am fairly young, (46), but I have already figured out in life, that a smile and a handshake promise are worthless when dealing with these big guys. Reyes is absolutely correct in their statements. However, MOST of these distributors let MC bully them into signing the agreement. So I guess if you sign it you deserve the repercussions. On the flip side, I do understand MC 'owning' their brands." -An A-B Distributor

"We are one of few that didn't sign the MillerCoors contract. Shame on the so-called distributor council for rubber stamping this thing!" -A. Distributor

"I think it's crazy what's MillerCoors is doing. Are they insane? Instead of selling beer, distributors will be obsessing about this for the rest of the year." -A. Distributor

"I bet AB is happy about this. Let MC do the heavy lifting. And AB isn't the bad guy for once." -A. Distributor

"It's desperation. They are losing share, and AB has the scale to pound them. So instead of blaming themselves, which would put them out of a job, they are turning on their distributors. Might as well blame the retailers too while you're at it but oh wait, they have negative leverage over retailers. So distributors it is! Therefore they believe that by totally having the ability to restructure their distributor network somehow that will translate into a turnaround. News flash: Fix your brands, fix your marketing, establish healthy margins on the back of AB's price increases, get your distributors back on your side, be the anti-AB (like I had thought you were doing) and sales will follow - and it won't matter a hill of beans who is selling your brands in Virginia or anywhere else. Yes, even private equity funds in the Pac Norwest with no experience in the beer business will be able to increase your sales. Just my fifty cents Harry, which will get you a Mr Pibb and a free donut at our local cstore." -A. Distributor

"Screw Reyes Wholesale. MC thinks they have gotten too big and are pulling out all the stops to stop them. I say GOOD!" -A. Distributor

"On the surface, this appears to be a last-ditch effort on MillerCoors' part.... Unfortunately for MillerCoors, there will be long-term unintended (or so I so righteously believe they are unintended) consequences within their distributor system. As proud as I felt when MillerCoors penned their 'Three Tier Doctrine', I feel doubly embarrassed by this desperate amended complaint in their lawsuit vs Chesbay. All trust and confidence in the MillerCoors leadership has vanished. How unfortunate that in their zeal to preclude the Reyes/Chesbay deal, MillerCoors alienated their entire network - both the buyers & the sellers." -A. Distributor

After reading MillerCoors' rebuttal, have your opinions changed? Should a brewer get to use whatever legal methods available to get to choose a buyer? It's a legitimate question. Has the trade press created a tempest in a teapot?

WHAT WE'RE HEARING. Let us put aside whether MillerCoors' legal argument that federal trademark law preempts state law or not. From what I understand from conversations and email exchanges I've had, here are the two irreconcilable issues that distributors are mostly talking about:

1. The Virginia franchise law clearly states that: "No brewery shall unreasonably withhold or delay consent to any transfer of the wholesaler's business, or transfer of the stock or other interest in the wholesalership, whenever the wholesaler to be substituted meets the material and reasonable qualifications and standards required of its wholesalers." The intent of that law is pretty darn clear. Reyes is clearly qualified to be a beer wholesaler for MillerCoors, since they are, after all, its largest.

2. Back in 2009 when MillerCoors was trying to get its distributors to sign its Distributor Agreement, they repeatedly assured distributors that they needn't worry about any measures in the contract which conflicted with state law, because when in doubt, state franchise law superseded the distributor agreement.

In fact, in the June 19, 2009 issue of Beer Business Daily, we reported that MillerCoors sales president Ed McBrien wrote to their California distributors (after a dispute with the CBBD over an AG letter) that: "We have said clearly and repeatedly that state law enjoys primacy over the terms of our agreement and that state law will prevail in the event of any conflict." Some distributors even added an addendum to their contracts before signing declaring this, although there's a question as to whether that would hold up in court.

BOTTOM LINE. Distributors see the inherent conflict between points 1 and 2 above in this amended Chesbay lawsuit, and that is the source of the head scratching and hand wringing. "We all signed the agreement believing that the brewery would keep their word that the fair dealing law was the gold standard," said one prominent distributor in an email last night. "I feel like a chump."

BEERNET EXTRA:

To read MillerCoors' amended complaint, click here: https://docs.google.com/open?id=0B_AxpKotj17vVjNRSGpNT1NGeTA

The June 16, 2009 story in BBD regarding the contract in California: http://beernet.com/publications_daily.php?id=1799

To read a story I wrote way back in 2003 about, interestingly enough, Chesbay and Reyes on warehouse efficiency, click here: http://www.beernet.com/publications_daily.php?id=2767

Until tomorrow, Harry

Comments

SEPTEMBER 26, 2012
Anonymous
MillerCoors has gone absolutely nuts, plain and simple.

Source: http://www.beernet.com/publications_daily.php?id=2768

masters par 3 gwen stefani overeem laron landry mary j blige burger king islands joe flacco