Sunday 28 May 2006 |
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739 (stuck, despite the fact that I invite an average of 10 Jasper per week!) are active on the Distribute site. The site had 224 unique visits last week. |
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This issue is at: http://www.jasperjottings.com/2006/jasperjottings20060528.htm |
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Reinkefj at the College’s email
forwarding Use email-sending webform http://public.2idi.com/=reinkefj anytime. |
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FLASH! Important info received after the deadline |
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Here’s a demonstration that really intelligent people don’t really understand the internet and that old institutions have not grokked (http://en.wikipedia.org/wiki/Grok) it. There was an update to the Guess they didn’t have much to say to the world? |
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Control your own subscription |
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(1) Send a message from your old email account to Distribute_Jasper_Jottings-unsubscribe@yahoogroups.com saying that your switching. (2) Send a message from your new email account to Distribute_Jasper_Jottings-subscribe@yahoogroups.com with your name and class year. AND you’re done. With zero extra work for the CIC! :-) |
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JASPER EVENTS THAT I HAVE HEARD ABOUT |
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Saturday February 24, 2007 |
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Hold the date for 2007 Manhattan Alumni of the Treasure Coast Jasper Open Golf Tourney |
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My list of Jaspers who are in harm's way: |
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- - Feldman, Aaron (1997) |
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- Unknown location |
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- - Lynch, Chris (1991) |
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- - Brock (nee Klein-Smith), Lt Col Ruth (1979) |
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… … my thoughts are with you and all that I don't know about. |
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QUOTE OF THE WEEK: |
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“In a world that is increasingly interconnected – whether
it’s economic, environmental, security, energy sourcing -- an isolationist approach to life
doesn’t cut it. We need an informed
citizenry. Realize everything that John M. Fahey Faith that the thing can be done is essential to any great achievement. - Thomas N. Carruther |
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Exhortation |
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http://www.csmonitor.com/2006/0523/p01s03-usgn.html
***Begin Quote*** The voucher program has given new life to venerable Catholic and Lutheran schools in the city, and has spurred the creation of dozens of new schools - many of them religious - that rely solely on voucher students. All told, about 70 percent of the voucher schools are religious. Some of those schools, like Hope, show signs of excellence, but not all. In one of the worst instances, a convicted rapist opened a school, which has since shut down. Reporters from the Milwaukee Journal Sentinel tried to visit all 115 schools then in the program last year, and found a mixed bag. Nine schools refused to let reporters in, and the paper cited "10 to 15 others where ... the overall operation appeared alarming when it came to the basic matter of educating children." ***End Quote*** Perhaps, there is hope for the Catholic schools yet. It is oh so hard to compete with a “free” good. That’s why you have to admire Brother President’s ability to battle with the SUNYs, and the other State subsidized competition. It’s clearly that, which doesn’t kill us, makes us strong. But, why do we allow the State to intrude into such areas. A coworker a while ago expressed his frustration. High property taxes for government schools precluded him financially from sending his children to Catholic school and when his children were in the public schools they were taught things that were contrary to Catholic values. Let’s hope that a way can be found for all the religious denominations to be accommodated. A good friend’s wife was Catholic school principal in a poor community. The school closed because of poor enrollment, high costs, and government school competition. The way I see it if the government can suck out the children from religion, then we really don’t have Freedom of Religion. Do we? What are we to do? Or are we a dying breed? Perhaps one of our fellow alums will lead the way to reverse this. |
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Remember why we have a “Memorial Day”? Say a prayer for the boys and girls and Jaspers out doing our dirty work. Donna Nobis Pacem. Reflect well on our alma mater, this week, every week, in
any and every way possible, large or small. God bless.
"Collector-in-chief" |
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CONTENTS |
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2 Messages from Headquarters (like MC Press
Releases) |
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PARTICIPANTS BY CLASS |
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Class |
Name |
Section |
|
???? |
Fay, Rev. Michael Jude |
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???? |
McCarthy, Joseph P. "Mac", |
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1951 |
Freese, Robert G. |
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1951 |
Markert, Albert C. Jr. |
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1953 |
McEneney, Michael F. |
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1953 |
McEneney, Michael F. |
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1959 |
DePhillips, Guy P. |
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1961 |
Stebbins, Don |
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1964 |
Schwarz, Kenneth G. |
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1970 |
Lippek, Karl T. |
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1970 |
McFarlane, Robert J. |
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1973 |
Fahey, John M. |
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1973 |
McMahon, John D. |
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1974 |
Hammond, Tom |
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1982 |
Klettner, Janice M. |
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1995 |
Burns, Sean T. |
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1997 |
Rizzo, Christopher |
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2002 |
Lara, Angel |
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2005 |
Barone, Ms. Kristin E. |
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2005 |
Leiser, Elizabeth |
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2005 |
Visone, Briana |
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2006 |
Higgins, Ms. Brigid |
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2006 |
Konovelchick, Michael |
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2006 |
Lisiewski, Adam |
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2006 |
Tarasovic, Mrs. Kathleen |
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2006 |
Terrero, Ms. Xioel L. |
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2008 |
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PARTICIPANTS BY NAME |
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Class |
Name |
Section |
|
2005 |
Barone, Ms. Kristin E. |
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1995 |
Burns, Sean T. |
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1959 |
DePhillips, Guy P. |
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1973 |
Fahey, John M. |
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???? |
Fay, Rev. Michael Jude |
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1951 |
Freese, Robert G. |
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1974 |
Hammond, Tom |
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2006 |
Higgins, Ms. Brigid |
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1982 |
Klettner, Janice M. |
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2006 |
Konovelchick, Michael |
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2002 |
Lara, Angel |
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2005 |
Leiser, Elizabeth |
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1970 |
Lippek, Karl T. |
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2006 |
Lisiewski, Adam |
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1951 |
Markert, Albert C. Jr. |
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???? |
McCarthy, Joseph P. "Mac", |
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1953 |
McEneney, Michael F. |
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1953 |
McEneney, Michael F. |
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1970 |
McFarlane, Robert J. |
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1973 |
McMahon, John D. |
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2008 |
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1997 |
Rizzo, Christopher |
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1964 |
Schwarz, Kenneth G. |
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1961 |
Stebbins, Don |
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2006 |
Tarasovic, Mrs. Kathleen |
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2006 |
Terrero, Ms. Xioel L. |
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2005 |
Visone, Briana |
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Messages from Headquarters |
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Headquarters1 |
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http://www.manhattan.edu/news/news_releases/052606_1.shtml News Release RIVERDALE, N.Y. – Manhattan College awarded over 800 undergraduate degrees in some 40 major fields of study from its five schools in arts, business, education, engineering and science on Sunday, May 21. Students who completed their studies in September 2005, February 2006 and May 2006 participated in the ceremony. During the ceremony, an honorary Doctor of Education
degree was presented to John M. Fahey, president and CEO of the National
Geographic Society and a 1973 graduate of In his speech, Mr. Fahey said, “In a world that is
increasingly interconnected – whether it’s economic, environmental, security,
energy sourcing --
an isolationist approach to life doesn’t cut it. We need an informed citizenry. Realize everything that Founded in 1853 by the Brothers of the #### |
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Headquarters2 |
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http://www.manhattan.edu/news/news_releases/052606_2.shtml News Release Manhattan College Awards Master’s Degrees At Spring (Graduate) Commencement RIVERDALE, N.Y. – Manhattan College awarded master’s degrees to students in the graduate programs of education and engineering, as well as bachelor’s degrees in organization management to students in the adult degree completion program, at its Spring (Graduate) Commencement on Wednesday, May 24. During the ceremony, an honorary Doctor of Education
degree was presented to Ms. Brigid Higgins, an
educator and philanthropist whose “classroom” has been at the bedside of high
school students that have battled cancer at the In her speech, Ms. Higgins said, “ My wish for you today is personal lives of fulfillment and joy, lives that give you satisfaction and help you create a life as well as make a living. And I hope that you will take the education that you received on this campus out into the world, where you will be someone who is unafraid to speak up on behalf of truth and justice.” Founded in 1853 by the Brothers of the {JR: Corrected copy. } ### |
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GOOD NEWS |
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OBITS |
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And, may perpetual light shine on our fellow departed Jaspers, and all the souls of the faithful departed. |
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Your assistance is requested in finding these. Please don’t assume that I will “catch” it via an automated search. Sometimes the data just doesn’t makes it’s way in. |
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Obit1 |
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The Post-Standard ( Albert C. Markert, Jr. May 21, 2006 Albert C. Markert, Jr., 83, of Survivors: His wife of 52 years, Joan O'Donnell Markert; his children, Robert (Nancy) Markert of Wellesley Island, Kathleen (Terence) Langan of Fayetteville, Daniel J. Markert of Syracuse, Joanne Markert of East Syracuse, Eugene Markert of Manlius, and Mary (Thomas) Sommers of East Syracuse; eight grandchildren; a sister, Mary Ellen Giltz of Alexandria Bay; a brother, Thomas Markert of Bridgeport; and many nieces and nephews. Services: 10:15 a.m. Wednesday at Eaton-Tubbs- Schepp Funeral Home and 11 a.m. at Immaculate Conception
Church. Burial, Immaculate For directions, local florists, or a guestbook, please visit www.SCHEPPFAMILY.com Contributions: In lieu of flowers may be made to the
Wellesley Island Volunteer Fire Department, GRAPHIC: PHOTO NO CREDIT Albert C. Markert, Jr. LOAD-DATE: May 24, 2006 {MikeMcE reports: I believe that Al was a member on the class of 1951. May He Rest In Peace. (Thanks, Mike.) } |
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Obit2 |
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Sun-Sentinel ( {extraneous deleted} McCarthy McCarthy, Joseph Patrick "Mac", 84, of There is a profound sense of sadness and loss in the hearts of many people around the world today. His sharp wit and keen Irish sense of humor, his irrepressible laugh and the twinkle in his blue eyes brought great joy to everyone who met him. And that, in turned, gave Mac great pleasure. He was born in As a civil engineer, Mac assisted in the development and
planning for the construction of several facilities used in the Oak Ridge
Project in Mac was a man of many talents and hobbies. With his wife, Dorothy, he traveled to dozens of countries on all continents. Over the years he also took great pleasure in fishing and golf (and enjoyed hearing his family brag about his hole-in-one). During his early 40s, Mac took on the immense challenge of becoming an instant step-father to four children whom he always treated as his own. He was a caring father who wanted nothing but the best for his family. He succeeded in every way. Joseph Patrick Mac McCarthy is survived by his wife, Dorothy; his children, Gary (and Viki) Anderson, Marc (and Adela) Anderson, Lee (and Larry) Kurz and Bonnie Anderson; grandson, Christopher Anderson and granddaughters, Nicole and Erika Lucas; sisters, Bee Connelly, Mary Briody and Carroll Hynes; sister-in-law Judy McCarthy; and legions of nieces and nephews, great nieces and nephews, and great-great nieces and nephews. He was a good son, brother, father and friend to many and will be dearly missed. In lieu of flowers, the family requests donations be made
(and earmarked for research) to the Alzheimers
Association: {extraneous deleted} LOAD-DATE: May 23, 2006 {mcALUMdb: ???? } |
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Obit3 |
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The Jupiter Courier (Jupiter, FL) TEQUESTA Robert Freese Robert G. Freese, 76, of Tequesta, died Wednesday, May 17. He formerly lived in He retired as senior vice chairman/CFO from Grumman after 30 years in 1991. He was also a retired board member of the Bank of New York and Roslyn Savings Bank. He served in the Army during the Korean War. He graduated from He was a member of Hobe Sound Country Club and served on the Board of Governors for five years. Survivors include his wife of 54 years, Joan Freese; three children, Bernadette Pavlis
and husband Peter, Maryellen Podlovits and husband
Steven and A Memorial Mass will be celebrated at 11 a.m. Wednesday,
May 24 at St. Jude Catholic Church, 204 Memorial contributions may be made to Hospice of Palm
Beach County ( Arrangements were by Taylor & Modeen Funeral Home, Jupiter. {extraneous deleted} LOAD-DATE: May 23, 2006 {MikeMcE reports: I believe that Bob was a member of the Class of 1951. May He Rest In Peace. (Thanks, Mike.) } |
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Jasper_Updates |
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[JR: Alerting old friends seeking to reconnect or "youngsters" seeking a networking contact with someone who might have a unique viewpoint that they are interested in.] |
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Barone, Ms. Kristin E. (2005) # # # |
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Konovelchick, Michael (2006) # # # |
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Leiser, # # # |
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Lisiewski, Adam (2006) # # # |
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McFarlane, Robert J. (1970) # # # |
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# # # |
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Schwarz, Kenneth G. (1964) # # # |
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Tarasovic, Mrs. Kathleen (2006) # # # |
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Terrero, Ms. Xioel L. (2006) # # # |
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Visone, Briana (2005) # # # |
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Jaspers_Missing |
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Jaspers_in_the_News |
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JNews1 |
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ITT Names Janice Klettner Chief Accounting Officer Tuesday May 23, 9:05 am ET (Photo: http://www.newscom.com/cgi-bin/prnh/20060523/NYTU032 ) Klettner joins ITT from Avon
Products, where she was Vice President, Corporate Controller and Vice
President Enterprise Risk Management. She began her career at Coopers &
Lybrand, LLP. She then moved to She earned a B.S. in Accounting and Computer Information
Systems from About ITT ITT Industries, Inc. (http://www.itt.com) supplies
advanced technology products and services in key markets including: fluid and
water management including water treatment; defense communication, opto-electronics, information technology and services;
electronic interconnects and switches; and other specialty products.
Headquartered in # # # From: Google Alerts ITT Names Janice Klettner Chief Accounting Officer Yahoo! News (press release) - ... She earned a BS in Accounting and Computer Information
Systems from {JR: Klettner, Janice Marolda (1982) } |
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JNews2 |
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The New York Times With his condominium near the beach, Church officials said they requested and received the
resignation of Father Fay, 55, as pastor on Wednesday based on an internal
investigation of the church's finances. No criminal charges have been filed
against Father Fay, but inquiries have been started by the Father Fay has been stripped of his public authority to function as a priest but will continue to receive his benefits and a ''modest living allowance'' while he is under investigation, said Joseph McAleer, a spokesman for the diocese. The Rev. Michael J. Madden, the parochial vicar of Bishop William E. Lori of ''Some were very sad,'' he said, ''and others expressed surprise.'' On Thursday, the aluminum-sided parish house where Father Fay lived was shuttered, its Venetian blinds sealed. A woman who answered the door referred questions to the Bridgeport Diocese, and a man outside who identified himself as the parish's youth minister said that Father Fay, who could not be reached for comment, was no longer living there. Mr. McAleer said the diocese was in contact with Father Fay but would not disclose where he was living. Public records show that Father Fay owns a condominium in Last year, Father Fay and Mr. Fantini
paid $449,000 for the Mr. Fantini, reached at his home
in Vito Colucci Jr., a private
investigator and a former These expenses included $200 dinner tabs at restaurants in
''He had free rein there, and nobody questioned him,'' Mr. Colucci said. ''People are putting their money in the collection plate and look where it's going.'' The diocese requires yearly financial reports from each parish, according to Mr. McAleer, who said the most recent diocesan review revealed financial irregularities that the bishop reported to federal authorities. Mr. McAleer could not recall the date of that review. Father Fay was ordained in 1978, according to information
from the diocese. Born in In 2002, as Roman Catholic churches around the nation were struggling with child sex-abuse cases, Father Fay was appointed to the Sexual Misconduct Review Board of the Diocese of Bridgeport, a board whose members included a former state's attorney and a police detective. On Thursday, mothers and nannies who
were collecting toddlers from the ''He baptized my son,'' said one woman, a Like several parishioners, the woman would not provide her
name, citing the investigation. Others described the priest as ''subdued''
when presiding over a Miriam Moran, a longtime parishioner and donor to the church, expressed sadness at the developments. ''I'm heartbroken,'' she said. ''I'm shocked. He was the nicest guy.'' If the allegations against Father Fay are true, he will join two other priests in the region who used church money to finance less-than-modest lifestyles. Last year, the Rev. William Naughton,
pastor of Resurrection Parish Roman Catholic Church in URL: http://www.nytimes.com GRAPHIC: Photo: The Rev. Michael Jude Fay, now 55, in LOAD-DATE: May 19, 2006 {mcALUMdb: ???? } {JR: Sadly reported but then have to collect the good and the bad. } |
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JNews3 |
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http://www.exhibitoronline.com/news/enn-display.asp?counter=4166 Exhibit Works Appoints New Chief Officers 5/24/2006 - Exhibit Works announced May 17, the promotion of Tom Hammond to chief executive officer and Kevin Pritchard to chief operating officer. With these new appointments, former CEO David Brown becomes vice chairman and president Dominic Silvio adds the title of chairman of the board. “As our business continues to grow and diversify, internationally and across new industries, so will the demands on our leadership,” says Dominic Silvio. “Having a strong senior leadership team in place is an essential ingredient in our ability to meet the changing needs of today’s customer.” Tom Hammond joined Exhibit Works in July of 2005 as chief
operating officer, bringing more than 30 years of engineering and business
experience to the team. Since leaving Texas Instruments as divisional manager
in 1996, {extraneous deleted} For more, go to www.exhibitworks.com. {extraneous deleted} ENN 4166 Top of Page === From: Google Alerts Exhibit Works Appoints New Chief Officers Exhibitor Online - ... {MikeMcE reports: I believe that Tom is a member of the Class of 1974. (Thanks, Mike.) } |
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Manhattan_in_the_News |
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MNews1 |
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The After looking to the Big East for a head coach, Barry Rohrssen named Ron Ganulin, the coordinator of player development for the
Washington Wizards, to his staff yesterday. Ganulin
is a "Ron is a person of high character whose experience and credentials will be an asset," said Rohrssen, who left Pitt for Riverdale last month. Ganulin was also a four-year assistant at UNLV. While on the bench, the Runnin' Rebels won the 1990 national championship and went 126-23. * Andre Tarver knows what's ahead of him. The 6-foot-2 guard
from "I'm prepared to hear all types of things," he said with a laugh. "But it comes with the territory. The way I look at basketball is, once you leave high school, everything is a business. And that will be just another part of the business." LOAD-DATE: May 17, 2006 |
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Reported from The Quadrangle (http://www.mcquadrangle.org/) |
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EMAIL FROM JASPERS |
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Email01 |
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From: Angel Lara (2002) Hi John, just a short note to keep you updated that I’m
back to the = From: Reinke's Jasper (mc68alum) Persona Angel: Great to know your home. Safe and sound, I hope? Great news. Made my night! Thanks for letting us know, John68 = From: Angel Lara Yeah safe and sound it was. I'm on vacation for 23 days;
spent 5 days already at a resort in the - {JR: Note to Intelligent Deisgner: Thanks! } |
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Email02 |
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From: Don dd Stebbins
[1961] Dear Jasper John, Curmudgeon refers to my past submissions concerning food and drug safety and implies that I am on the side of the FDA while he and you support "freedom." First of all, I have made it clear that I do not support the FDA uncritically, especially now that it under the control of the Bush regime. Second, I do not think that corporations, companies, or individuals should have the right to make money by selling dangerous products- I call that license rather than freedom. Curmudgeon refers specifically to the recent case concerning Pargluva, a diabetes control drug developed by Bristol-Myers Squibb and Merck. Lst year Pargluva was approved by the FDA with a 8 to 1 vote, but later the recommendation was called back for further study. Curmudgeon implies that the decision to "pull the plug" was irresponsible on the FDA's part. I looked into the history and found that the FDA was forced to reconsider the approval because the results of an independent study (by the highly respected Cleveland Clinic) showed that Pargluva may very well be dangerous to a degree making it unfit for wide prescription. Quoting the report: " Pargluva (muraglitazar) was found to be associated with an excess incidence of serious cardiovascular events, including death, myocardial infarction (MI), transient ischemic attack and congestive heart failure, compared with placebos. It looks to me that the Bush FDA tried to slip an unsafe drug onto the market but was thwarted by an independent group- I think libertarians should celebrate this action by an independent group rather than complain about "be(ing) protected by the dumbest, crassest, and most venial among you." (As good a description of the Bush regime as I've seen anywhere) Sincerely yours, {JR: Well, it looks like we (Curmudgeon and I) are making progress pulling you along! :-) After all we’ve gotten you to agree that “I do not support the FDA uncritically”! Next step, freedom! I think that his point was that who the heck is the FDA to make decisions for “me”. Advise me, warn me, bury me in opinions, but at the end of the day, I should be able to take any darn drug I can find. He and I agree that to be free, we have to put the government back in a box. The FDA started about “purity”. Now it’s about what it thinks I should be allowed to take. “Independent”? The FDA is no more independent than a prostitute is “independent” of the pimp! And, the drug companies are no better. Government has enlisted them in a cute scam. You pretend to be regulated and we’ll pretend to regulate you. AND everyone will get rich. No thank you. I’ll skip your government’s protection, thank you. Oh yeah, that’s right, I CAN’T! I get it whether or not I want it. From my point of view, the hallmark of a bad idea is when I have to force people to participate. Look at Underwriters Laboratory. It doesn’t force me to do anything. But I wouldn’t buy an appliance without the UL seal. Why can’t we have an FDA seal? If you and your doc thinking Plugoila or old crankcase oil is perfect to help you, then where does the government get off saying “no no kiddies, you can’t do that, mommy government knows best”. Nope, sorry, I’ll take the marketplace and things like UL and Consumer’s Reports, thank you. If you’ll let me? Agree to disagree agreeably?} |
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Email03 |
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From: Michael F. McEneney [1953] Dear John, I believe that John was a member of the Class of 1973. Mike == JFound1 http://www.conedison.com/governance/mcmahon_j.html John D. McMahon President and CEO of John D. McMahon is President and CEO of Orange and
Rockland Utilities, Inc. Prior to being named to his current position at {extraneous deleted} {mcALUMdb: ???? } {JR:Thanks, Mike. Now tell the mcALUMdb folks. } |
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Email04 |
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From: Michael F. McEneney [1953] Dear John, Attached is a very thoughtful article by New York City Family Court Judge Guy DePhillips, '59. A reading of it indicates a real concern for children who are in trouble. Another Jasper to be proud of! Mike = NY LAW JOURNAL With power comes responsibility. Power without responsibility is an invitation to hubris. Unfortunately, a recent decision by the Appellate Division, Second Department, reversing a holding of Family Court, fails to recognize the responsibility of the state to the children in its care. Family Court Act §720(2) states: "The detention of a
child in a secure detention facility shall not be directed under any of the
provisions of this article." In Matter of Jennifer G. the respondent in
a PINS proceeding, a young female child, had run away on eight separate
occasions in violation of valid Family Court remand orders. On return on the
eighth warrant, she was remanded to Subsequently, the First and Second Departments of the Appellate Division held in other proceedings that Family Court lacks statutory authority to compel compliance with its valid orders issued in a PINS proceeding by recourse to a juvenile delinquency proceeding based on an act sounding in criminal contempt (Matter of Jasmine J., 284 Ad2d 452; Matter of Naquan J., 284 AD2d 1 (both 2nd Dept. 2001); Matter Edwin G., 269 AD2d 7 (1st Dept. 2002)). Both departments recognized that the statutory scheme delineated by Family Court Act §720(2) often renders the PINS proceeding an exercise in futility, constitutes an abdication of the foundational purpose underlying Article 7 to provide a parens patriae role to PINS children and requires correction. Concurrently, Family Court Act Article 7 was amended to increase the jurisdiction of Family Court over persons less than 16 years of age to persons less than 18 years of age, effective July 1, 2002. The legislative justification is articulated as "ensuring that parents... have available through Family Court, a means to control their child" (Senate Memo in Support of L 2000, ch 596, 2000 McKinney's Session Law of NY, at 1994). Taking its cue from these appellate holdings, Family Court vacated the delinquency determination with respect to Jennifer G., restored the PINS proceeding and confronted the constitutionality of Family Court Act §720(2). The analysis of Family Court whereby resolution of this "wrong" is viewed as rectifiable within the judicial power of the third branch of government, is delineated in a 15-page decision (Matter of Jennifer G., 196 Misc. 2d 692 (2003)). Family Court held §720(2) unconstitutional as violative, inter alia, of Family Court's inherent power to punish for contempt, violation of its valid orders, and violative of the equal protection of the law as affects children declared to be in need of supervision whether under Article 3 (Juvenile Delinquency) or Article 7 (PINS) who violate the valid order of the court. On Feb. 21, 2006, the Second Department reversed Family Court in a brief four-paragraph rationale, couched in conclusional language ending with the observation that the Appellate Division remains "mindful of the frustration Family Court judges frequently feel while attempting to compel recalcitrant PINS to comply with Family Court orders." 26 A.D.3d 437. The perceived wrong of the statute under which the PINS proceeding is rendered an exercise in futility is viewed as a "dilemma" whose resolution rests solely with the Legislature. The grave public policy and constitutional concerns that affect the needy children who come before Family Court and are determined to require supervision, compel the following observations. Conscience need not be concerned with the frustration of the Family Court Judge. It need be concerned with the dignity and humanity of the needy child who comes before the Family Court. That conscience compels not the exultation of form over substance, but the invocation of the spirit of the law to accomplish what is right and to effect not the appearance of justice, but the reality of justice. What is disheartening about the holding of the Appellate Division is the absence of detailed analysis, reasoned discussion and expressed concern for the welfare of these needy children with respect to the arguments advanced by Family Court on their behalf regarding invocation of the inherent power of the court and the equal protection of the law. The absence of any express recognition of this endeavor in this appellate holding impresses as cavalier. It is not Family Court that demands recognition and justice - it is the PINS child. Family Court recognizes that the Legislature is not precluded from treating different classes of juveniles differently. It is the gravamen of the court's equal protection of the law analysis that the PINS child declared a juvenile delinquent and the PINS child not declared a juvenile delinquent, in terms of service and protection of their needs and well-being, are similarly situated under the law with respect to supervision when a valid court order is violated. The law must not be bereft of common sense in fulfilling the state's parens patriae obligation to needy PINS children requiring supervision. The instant decision of the Appellate Division, simply reiterates the refrain that this wrong, this neglect, may only be remedied by act of legislative will. The appellate court chose to not engage in studied analysis of the application of the inherent power of the court doctrine or of the equal protection of the law doctrine to children coming before Family Court, determined with full due process to require supervision. However, the constitutional issue raised in Jennifer G. relates to the subject matter jurisdictional grant itself, i.e. to the existence of the Family Court, and therefore is not incidental to the court's power and authority, but integral to the court's existence, parens patriae power and authority. There are only two sentences in this appellate holding pertaining to the inherent power of the court doctrine. Family Court agrees that the contempt authority of Family Court, as an inherent power of the court, is codified in Family Court Act §156 (Added L.1975, c.496,51). With the subsequent amendment of Family Court Act §720 (2) proscribing secure detention (without exception for the violation of valid court order) (L.1987, c.419, §18), the Legislature effectively removed any remedy for violation of Family Court's valid orders. The language of Family Court Act §156 demonstrates legislative recognition that Family Court of the State of New York, as a court of record, possesses inherent power to hold parties accountable for violation of its lawful and valid orders under the contempt power. People v. Mezon, 80 NY2d 155, cited by the appellate court as supporting the proposition that Family Court Act §720(2) is not violative of the inherent power of the court doctrine is inapposite. The holding in People v. Mezon, supra, declares that the court does not have inherent power to ignore legislative enactments incidental to motion practice and rules of practice. Indeed in A.G. Ship Maintenance Corp. v. Lezak, 69 NY2d 1, cited in People v. Mezon, supra, it is aptly noted: "Under the State Constitution the authority to regulate practice and procedure in the courts is delegated primarily to the Legislature (N.Y. Const., Art. VI, §30). There are some matters which are not subject to legislative control because they deal with the inherent power of the judicial function" (citing Riglander v. Star Co., 98 App. Div. 101, affd. 181 N.Y. 531) (Emphasis supplied). The contempt power is not incidental, but integral to the function of the Family Court as a constitutional court of record. To eviscerate that power by declaring that a party, the PINS child, who habitually violates valid orders of the Family Court by running away from non secure detention may not be held in secure detention to break the cycle of absconding and to provide services and protect the PINS child, is to remove all discretion and enforcement power from the court to secure supervision adequate to the individual needs of the PINS child. In the words of the Appellate Division, First Department, in Riglander v. Star Co.: "I do not think the Legislature can do this. The courts are not the puppets of the Legislature. They are an independent branch of government, as necessary and powerful in their sphere as either of the other great divisions." The jurisprudence underlying the Appellate Division's
rationale for its holding may be characterized as reflective of a possible
absence of concern. It leaves the judicial parens patriae authority complicit in the failure to right the
wrong occasioned to PINS children who flout the valid order of the court by
habitually running away, thereby placing themselves at risk. The effect of
this appellate holding is judicial self-disempowerment of Family Court to
fulfill the mandate inherent in the legislative grant of subject matter
jurisdiction with respect to meeting the needs of and protecting the
humanity, dignity and safety of PINS children under Article 7 of the Family
Court Act. It is not hyperbole to state that this holding affects the
integrity of Family Court and the Judicial Branch of government with respect
to Family Court's Article 7 subject matter jurisdiction. Essentially it
reduces Article 7 in terms of Family Court's enforcement power to a form
without substance. The wrong embodied in Family Court Act §720(2) as
recognized by the, First and Second Departments, is now perpetrated and
perpetuated by act of judicial will. "In its role as parens
patriae, Family Court need not apologize because it endeavored to save the life of Jennifer G., to provide services to Jennifer G. and, to exercise its parens patriae power to protect and meet the needs of Jennifer G. Family Court is proud that she referred to this court as "my Judge." In light of the appellate holding, the next Jennifer G. may not be as fortunate. Guy P. DePhillips is a Queens Family Court judge. {JR: Yup, now here are the sticky issues of government. Where we / it should be focusing its attention. } |
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Jaspers found web-wise |
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JFound1 |
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http://www.clm.com/bios/bio-crizzo.html Christopher Rizzo Education: B.A., 1997 Practice: Environmental, Land Use, Litigation Languages: Spanish Admitted: 2001 Affiliations: Association of the Bar of the City of New York; New York State Bar Association; Law Committee of the Municipal Art Society of New York; Cyrus Vance Center for Initiatives in International Justice at the Association of the Bar of the City of New York (Volunteer in Argentina, 2004). Publications:
“Overlapping Rules Confuse Many in Brownfields
Program,” Real Estate Weekly, April 19, 2006; “IRS Solicits Applications For
Qualified {extraneous deleted} Speeches: "Introduction to the Resource Conservation and Recovery Act and Comprehensive Environmental Response, Compensation and Liability Act," Environmental Law Institute, July 28, 2005 (co-presenter); "Using Section 106 of the National Historic Preservation Act and Section 4F of the Department of Transportation Act to Preserve the TWA Terminal at JFK Airport," Preservation 2004 Conference at Skidmore College, March 2004. Prior Experience: 2002-2004 Menapace
Fellowship, Municipal Art Society of New York, Inc. {Reported As: 1997 } |
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JFound2 |
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http://www.carrollmcnultykull.com/jsp2272261.jsp Sean T. Burns Practice Areas: Insurance Defense; Criminal Law; Civil
Litigation. ISLN: 915443039 {Reported As: 1995 } |
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JFound3 |
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http://webapps2.planetrealtor.com/tln/tln_realtor?cstate=FL&csuppress=&cid=1018799#KarlT.Lippek Service Areas and Specialties KARL T. LIPPEK, P.E., CRB, CCIM, is a licenced
real estate broker in the states of Professional Experience Mr. Lippek served as District President of the 5 county Southwest District of the Florida CCIM Chapter. He is a former: Director of the New York State Association of Realtors, Director and President of the 3500 member Westchester County Board of Realtors (WCBR), President of the Commercial and Investment Division of WCBR, a New York State Department of State approved Real Estate Instructor specializing in real estate investment and analysis, wrote the syllabus for the Investment Real Estate continuing education module and a faculty member of the WCBR Real Estate School. He was recognized for outstanding service and dedication in commercial and investment real estate when he was presented with the William G. Scott Memorial Award in 1988. Professional Education and Designations Mr. Lippek has been awarded the
Certified Commercial Investment Member (CCIM) Designation of the Commercial
Investment Real Estate Institute (CIREI) of the National Association of
Realtors, having completed a rigorous course of study and fulfillment of
professional experience requirements. He also holds the Certified Real Estate
Brokerage Manager (CRB) and the Graduate Realtors Institute (GRI)
designations. He has successfully passed the National Association of Security
Dealer's (NASD) Securities examinations for Representative and Principal for
Direct Participation Programs and the Uniform Securities Agent State Law Examination.
A graduate of Personal / Comments In addition to his participation in industry associations, Mr. Lippek is active in his community as a member of the Rotary Club of Fort Myers, the Cape Coral Power Squadron,President and Director of Lighthouse Village Homeowner's Association of The Landings Yacht, Golf & Tennic Club, Inc. and Past Board member of LYG&TC. He has served as Charter President of the Rotary Club of Chappaqua, NY, which honored him as a Paul Harris Fellow; Trustee of the New Castle Ambulance Corps and a Scoutmaster for the Boy Scouts of America. To get results for all your commercial and investment real estate needs contact Karl {extraneous deleted} . Primary Specialties Languages Spoken Direct Address For This Page {mcALUMdb: 1970 } |
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MC mentioned web-wise |
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MFound1 |
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http://www.nymetro.com/news/intelligencer/17078 / A vegetarian refuge for Ayn Rand
fans ... “Objectivists enjoy getting together and talking about
ideas,” says Jay Friedenberg, |
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JASPER’s BLOGGING |
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Yell if you need help. |
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Jasper Jottings as a feed |
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Jasper Jottings Sports |
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Lampe, Blaire (2005) |
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Mawn, Theresa (2001) |
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McCarra-Fitzpatrick, MaryAnn (1989) |
http://mccarra--poetry.blogspot.com/ |
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Reinke, |
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Webb, |
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Sports from College (http://www.gojaspers.com) |
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Sports from others (http://jasperjottings.blogspot.com/ ) |
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Boilerplate |
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Curmudgeon's Final Words This Week |
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http://news.yahoo.com/s/realclearpolitics/20060523/cm_rcp/katrina_what_the_media_missed ***Begin Quote*** Here's another one: Do you remember the dramatic TV footage of National Guard helicopters landing at the Superdome as soon as Katrina passed, dropping off tens of thousands saved from certain death? The corpsmen running with stretchers, in an echo of M*A*S*H, carrying the survivors to ambulances and the medical center? About how the operation, which also included the Coast Guard, regular military units, and local first responders, continued for more than a week? Me neither. Except that it did happen, and got at best an
occasional, parenthetical mention in the national media. The National Guard
had its headquarters for Katrina, not just a few peacekeeping troops, in what
the media portrayed as the pit of Hell. Hell was one of the safest places to
be in ***End Quote*** Well, if this story is correct, then the left-leaning
media pulled another “pull the wool over the sheep’s eyes” again on the
American people. Now, we know we have problems in this country. Free speech
zones, the Constitutional limits ignored, and the Fifth Amendment gutted.
But, the media isn’t doing it’s job of fair and
accurate reporting. In the days of Kings, the Church protected the serfs. In
the early days of |
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And that’s the last word. |
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-30- |
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GBu. GBA. Reinke sends. |
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