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Why Judge Beaty should recuse himself
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Topic Started: Mar 19 2011, 01:05 PM (3,758 Views)
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Quasimodo
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Mar 23 2011, 02:08 PM
Post #31
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How many of the judge's decisions in this case could be seen to be "arbitrary", that is, "unreasonable"?
1) to intervene in the normal course of federal civil procedure to prevent the MANDATORY discovery conference, even though the overwhelming majority of the litigants would be leaving the state in the immediate future? (Other cases can be cited in which depositions were accelerated because a graduating class of seniors was about to scatter across the country.)
2 ) to permit Nifong to stall the court's business with an absurd claim of $180 million in liabilities when no judgments against him have been entered and at the very same time he is claiming that no judgments against him can be entered.
I'd like to see someone else claim $180 million in debt and see a court take that seriously.
For example, can I, as a taxpayer, claim my share of the federal deficit as a personal liability?
Can I claim my share of my state or city's liability?
Is any of this supposed to be taken seriously--especially by a judge who has already bent the federal rules considerably (in denying a rule 26 conference) for the sake of "judicial economy"?
3 ) to delay for nearly a year a simple decision on whether or not to dismiss the cases (while lay readers have read the material and could decide these matters in less than an hour). For example, there is no question of FACT involved in the assertion that Nifong demonstrated a choke hold that never took place for a crime which never happened. And there is no question of LAW that a DA has no immunity for defamatory remarks made in a press conference before a trial begins. Nifong's case is ripe for summary judgment--not for three years and more of delays.
Arbitrary and unreasonable decisions are an abuse of judicial discretion.
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One of the most fundamental social interests is that law shall be uniform and impartial. There must be nothing in its action that savors of prejudice or favor or even arbitrary whim or fitfulness.
--Justice Cardozo
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retiredLEO
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Mar 23 2011, 05:23 PM
Post #32
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I am curious does Judge Beaty have anything to do with the NAACP, is he a member, does he do any work for them, questions like this need to be answered. Beaty seems to be of the same mindset as Nifong, they, RCD are guilty, why should they gain anything, if not guilty of rape, guilty of something. He is your typical liberal judge, that thinks that if you have money, you don't deserve any more. So it's delay, delay, delay. You are right Quas, he should just recuse himself, but he seems to want to delay, until hell freezes over. Just my opinion.
Just a little aside about judges. I gave a woman a parking ticket and she decided to go to court. The judge called her case last, so she sat there for three hours for a 20 dollar parking ticket, I also had to wait, but I was being paid. When her case was finally called, the judge recused himself because he was a lawyer that represented her husbands business. So after court, I asked the judge why he didn't just recuse himself right in the beginning. He told me that her husband is a great guy, but she is one arrogant b#tch, he wanted to make her wait. So I guess that could sum up Judge Beaty.
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Kerri P.
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Mar 23 2011, 05:40 PM
Post #33
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- retiredLEO
- Mar 23 2011, 05:23 PM
I am curious does Judge Beaty have anything to do with the NAACP, is he a member, does he do any work for them, questions like this need to be answered. Beaty seems to be of the same mindset as Nifong, they, RCD are guilty, why should they gain anything, if not guilty of rape, guilty of something. He is your typical liberal judge, that thinks that if you have money, you don't deserve any more. So it's delay, delay, delay. You are right Quas, he should just recuse himself, but he seems to want to delay, until hell freezes over. Just my opinion.
Just a little aside about judges. I gave a woman a parking ticket and she decided to go to court. The judge called her case last, so she sat there for three hours for a 20 dollar parking ticket, I also had to wait, but I was being paid. When her case was finally called, the judge recused himself because he was a lawyer that represented her husbands business. So after court, I asked the judge why he didn't just recuse himself right in the beginning. He told me that her husband is a great guy, but she is one arrogant b#tch, he wanted to make her wait. So I guess that could sum up Judge Beaty. He's a life time member of the NAACP
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retiredLEO
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Mar 23 2011, 05:44 PM
Post #34
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- Kerri P.
- Mar 23 2011, 05:40 PM
- retiredLEO
- Mar 23 2011, 05:23 PM
I am curious does Judge Beaty have anything to do with the NAACP, is he a member, does he do any work for them, questions like this need to be answered. Beaty seems to be of the same mindset as Nifong, they, RCD are guilty, why should they gain anything, if not guilty of rape, guilty of something. He is your typical liberal judge, that thinks that if you have money, you don't deserve any more. So it's delay, delay, delay. You are right Quas, he should just recuse himself, but he seems to want to delay, until hell freezes over. Just my opinion.
Just a little aside about judges. I gave a woman a parking ticket and she decided to go to court. The judge called her case last, so she sat there for three hours for a 20 dollar parking ticket, I also had to wait, but I was being paid. When her case was finally called, the judge recused himself because he was a lawyer that represented her husbands business. So after court, I asked the judge why he didn't just recuse himself right in the beginning. He told me that her husband is a great guy, but she is one arrogant b#tch, he wanted to make her wait. So I guess that could sum up Judge Beaty.
He's a life time member of the NAACP Well, I would say that is the reason for the delay, delay, delay. He should have recused himself right away, just for that membership. Thanks Kerri. I don't want to be called a racist, but this civil suit looks like black vs white. This is apparently the tone and tenor of the Obama administrations Justice Department, so this suit may have to wait until we get a new POTUS.
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genny6348
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Mar 23 2011, 08:02 PM
Post #35
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Genny6348
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This is apparently the tone and tenor of the Obama administrations Justice Department, so this suit may have to wait until we get a new POTUS. Sadly, I've been thinking the same thing.
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Quasimodo
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Mar 24 2011, 10:10 AM
Post #36
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http://projects.newsobserver.com/taxonomy/term/90,102
Rand nominated to U.S. attorney for Middle District
2010-07-28
Superior Court Judge Ripley Rand has been nominated for U.S. Attorney in the Middle District of North Carolina, [to replace Anna Mills Wagoner] President Barack Obama announced Wednesday.
Rand has been a Superior Court Judge since 2002 and before that was a prosecutor in Wake and Cumberland counties. He is the son of former Senate Majority Leader Tony Rand.
From 1996 to 1997, Rand was a judicial clerk for the Honorable James A. Beaty, Jr., U.S. District Judge in the Middle District.
(snip)
“I am proud to nominate these outstanding individuals to serve as United States Attorneys,” Obama said in his announcement. “They will be unwavering in their pursuit of justice and I am confident they will serve the people of North Carolina and Michigan with distinction.
Gov. Easley appointed R. Rand to two judgeships at a young age, after he failed as a candidate; Dan Blue naturally worked with Tony Rand (Sr.); etc.
Do I believe that NC politics is incestuous? Yes. (Probably the normal state of affairs in politics.)
The new US Attorney for the Middle District of NC was once Beaty's clerk; which doesn't necessarily mean anything (although I can wonder how he got such a plum spot as clerk to a federal judge).
But should I expect the current US Atty to do anything more about the lax case than Anna? Or go against the wishes of Dan Blue?
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Quasimodo
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Mar 24 2011, 03:57 PM
Post #37
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(hat tip: Maggief)
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Activist questions NAACP 's approach News & Observer, The (Raleigh, NC) - September 28, 2005 Author: Lynn Bonner, Staff Writer
A rare fight for the leadership of the state NAACP has attracted attention from former legislators and civic leaders who want a new direction and broader focus for the civil rights organization.
For years, the state NAACP has worked its inside game, building bonds with legislators and working behind the scenes to promote its views. Those seeking a change want the NAACP to take a more prominent role on issues such as increasing wages for low-income workers and challenging the resegregation of public schools.
The challenger, the Rev. William Barber of Goldsboro, has drawn support from Dan Blue , a Raleigh lawyer and the first African-American leader of the state House, Superior Court judge and former House member Toby Fitch of Wilson and others. They say Barber will make the state's best-known civil rights group a more effective public policy leader.
(snip)
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Alston fights for NAACP position Greensboro News & Record (NC) - October 4, 2005 Author: MARK BINKER Staff Writer
If Melvin "Skip" Alston was worried about losing his job as president of North Carolina's NAACP at the group's annual convention Saturday, he didn't show it during a recent visit at his office.
(snip)
Dan Blue , the only black House speaker in the state's history and an NAACP member, said Barber 's broader campaign may have paid dividends.
"If a challenger is still a serious challenger against a long-term incumbent this far into the game, then it portends some challenges (for Alston)," Blue said. Although he has been named as a Barber supporter in media accounts, Blue demurred last week, speaking only generally about the race.
He said the race "has made the membership really think about what they want to achieve and what they want to be about. That hasn't happened in eight or 10 years."
Alston responds to the suggestion that Barber is a more serious challenger by highlighting his own involvement and questioning Barber 's participation in the NAACP .
"I have been involved with the NAACP in terms of leadership for the past 23 years," Alston said. "I worked my way up from the local level to the state level." Alston is also a member of the group's national board.
"I didn't jump from being no title to being president," he said.
(snip)
Barber is a longtime friend of Blue , the former House leader who ran unsuccessfully in the Demo-cratic primary for U.S. Senate in 2002. Barber backed Republican Elizabeth Dole in the general election to protest what he said was Democratic leaders' unfair treatment of Blue and his campaign.
Blue said Barber would add a new dimension to the NAACP 's work.
"Billy would be a more effective leader and a much more visionary leader," Blue said. "You cannot have an advocacy organization like the NAACP basically just negotiating and brokering with leaders. It's a grass-roots organization."
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Quasimodo
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Mar 24 2011, 04:03 PM
Post #38
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(hat tip: maggief)
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Black legislators speak out
The News & Observer - February 20, 1999 Author: WADE RAWLINS, STAFF WRITER
Five black legislators who broke ranks with fellow Democrats in an unsuccessful effort to elect Rep. Dan Blue as House speaker met with grassroots leaders from across the state Friday to say they would no longer allow the Democratic Party to take black voters for granted.
The group said the speaker's election reflected disrespect by some in the state Democratic leadership toward African-American voters.
Last month, on the opening day of the legislative session, six of the 17 black Democrats in the House, along with two white Democrats, joined 51 Republicans to vote for Blue , a former speaker. Rep. Jim Black, who is white and had been the unanimous choice of the Democratic caucus two months earlier, won the election 60 votes to 59.
"This issue is larger than Dan Blue ," said the Rev. William J. Barber , a Goldsboro minister, speaking for the group at a news conference during a break in the meeting. "It's a cumulative disrespect by the Democratic Party."
The grassroots group, which met behind closed doors at historically black St. Augustine's College, included about 60 ministers, political activists and elected leaders from Greensboro, Wilson, Goldsboro, Wilmington and Greenville.
The group said it wanted black legislators to develop their own two-year state budget as a document for negotiating with the governor and with leaders of both parties. They also said they would issue an annual report card on the leadership and constantly remind black legislators that they can form a majority with a coalition on either side of the aisle.
Barber said the legislators voted for Blue for speaker because he was most qualified for the leadership post and because they wanted to register their unhappiness that the Democratic Party was not acknowledging the significant role black voters have played in its electoral victories.
Barber said the meeting was not about leaving the Democratic Party or joining the Republican Party.
"Party affiliation alone will not solve our concerns," Barber said. "The real question is - since we have, as a minority, the strongest bloc of votes that can shape any election on the local or state level - how do we utilize this bloc to best effect change for the betterment of total North Carolina?"
The group was unhappy not only with the speaker's election, but also with what they called a lack of white Democratic support for black interests, such as funding for historically black colleges or support for incumbent black state politicians.
Barber said the challenge in the African-American community no longer is merely to have blacks in leadership positions. Rather, he said it is about holding those in Raleigh accountable and supporting those who represent black interests, no matter their political affiliation.
"Even among black politicians our question must be: What have you delivered for your community lately?" Barber said.
(snip)
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Quasimodo
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Mar 24 2011, 04:05 PM
Post #39
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NAACP NEWS: William Barber Takes Helm at State NAACP
http://www.ncjustice.org/assets/library/493_tw10102005.pdf
In a resounding victory for supporters of change and reform within the North Carolina NAACP, Goldsboro pastor William Barber was elected president of the statewide civil rights organization this weekend. Barber defeated long-time incumbent Melvin “Skip” Alston by a vote of 166 to 117, or 59% to 41%. Barber, who enjoyed the support of progressive African-American leaders Dan Blue and Toby Fitch, has been an outspoken critic of the predatory “payday lending” industry – an issue on which Alston had often taken a much more equivocal position. Supporters are optimistic that Barber – who will be the keynote speaker at the upcoming Justice Center conference Progress NC 2005: Strategies for Unifying and Advancing a Progressive Agenda – will take more visible, public stances on controversial legislative issues than his predecessor, who favored a behind-the-scenes approach.
Egro, Barber had the support of Blue.
What did Blue think/do during the lacrosse case, in which Barber played a leading role in support of Nifong?
Did he support Barber against any criticism?
To what extent would Blue want to see Barber having to testify under oath?
As a politician and longtime friend and ally, would he try to shield his supporter?
As Chair of the BOT, would he also try and shield Duke?
What sort of influence does Blue have in the NC political world?
To what extent might any of this impact on a judge who is also a lifetime member of the NAACP?
I have no idea.
I do have an idea about what kind of appearance this makes--especially when even a reasonable lay observer can discern that the handling of the lax suits has been abnormal, arbitrary, contrary to the federal rules, and suggestive of an attempt to shield the defendants from ever having to testify at all.
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Quasimodo
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Mar 24 2011, 04:18 PM
Post #40
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Being then a Duke Trustee and a native North Carolinian I cannot assume that Blue was unaware of the case other than for what Steel told him. Being a friend of Barber I assume he must have spoken with Barber about the case.
Being an intelligent man and having risen high in NC politics as well as being an attorney, I cannot assume he did not understand what the negative DNA results meant. Likewise, as an attorney he must have understood the alibi evidence.
Therefore, when did he come to understand that the charges were false?
What did he do once he understood that the charges were false?
Did he discuss his (probable) conclusion that the charges were false with Barber?
As an attorney and member of the bar, was he obligated to inform the bar once he thought a fellow attorney was acting unethically? (Aside from Nifong's public conduct, surely once he concluded that the charges were false, and being presumably possessed of inside information about the case as a Trustee, didn't he have an obligation to report unethical actions on the part of Nifong? Did he, for example, know about the 'cover' subpoena for FERPA information? Did he know about the request by Steel for the Duke police to falsify records? Assuming that order police to falsify records is a felony, did he report any of this to the proper authorities? Isn't he as an officer of the court obliged to report the known commission of a felony?)
If Blue did not object at any stage to the direction of the prosecution, nor to any of the actions of the DA, then can it not be assumed (for legal purposes) that he was in accord with all those actions? (And is this not the case, as described by the Chairman's letter?)
If this is not the case, when did Blue object to what took place and what actions did he take to demonstrate his objections?
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Quasimodo
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Mar 24 2011, 04:26 PM
Post #41
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Then there is also the question of the relationship of Crystal Mangum (and Travis V. Mangum) to a founder of the NC NAACP, Travis V. Mangum.
If that relationship existed, does she also then have a relationship with various other prominent figures in the NC and Virginia NAACP chapters?
To what extent are the NC NAACP and its friends in politics in a protection mode at present?
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Quasimodo
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Mar 24 2011, 04:31 PM
Post #42
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Search panel named for Duke president - Committee to help Board of Trustees choose successor to Nan Keohane Herald-Sun, The (Durham, NC) - April 18, 2003 Author: HUNTER LEWIS hlewis@heraldsun.com; 419-6651 Duke University announced Thursday the members of a search committee who will help the university's board of trustees pick President Nan Keohane's successor.
Robert K. Steel , vice chairman of the board and the vice chairman of Goldman Sachs & Co., leads the search committee.
Sara Beale, the Charles L.B. Lowndes Professor in the School of Law, will serve as the committee's vice chairwoman. N. Allison Haltom, vice president and university secretary, will serve as executive vice chairwoman and a nonvoting ex-officio member of the committee.
Keohane announced in March that she will step down in June 2004 after 11 years at the helm.
The committee will meet May 10 and set a timetable to elect a president by its February 2004 meeting, according to a release.
The search committee includes:
* Trustees Daniel Blue, Paula Burger, Kimberly Jenkins, Sally Robinson, Lanty Smith , G. Richard Wagoner and ex-officio member Peter Nicholas, chairman-elect of the board.
(snip)
Brodhead, Steel, Blue, Barber...and no criticism by any of them of how the lax case was handled--
a true "wall of silence".
How far might that desire to impose a "wall of silence" extend?
And what appearance does it give when a judge precludes any discovery about these issues?
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Quasimodo
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Mar 24 2011, 04:37 PM
Post #43
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Steel an 'extraordinary' leader The chairman of Duke University's trustees gets praise for being steady, civic minded. July 10, 2008
By Christina Rexrode crexrode@charlotteobserver.com
http://www.charlotte.com/171/story/706801.html
(snip)
Steel is skilled at mediating between big personalities, said Frank Emory of Charlotte, a trustee and a partner at Hunton & Williams law firm.
(snip)
“He is scary smart, very steady, good at picking out what's important, not afraid of taking the lead and taking the heat,” Emory said. “My mother would say he's been well raised.”
Kimberly Jenkins, a trustee for eight years, said she admired the way Steel broke the news to the losing candidates after a new university president was chosen. “He met with them face to face if he could, and tried to be personal about it,” she said.
(snip)
Jenkins, who teaches entrepreneurship and leadership classes at Duke and UNC Chapel Hill, worked for Bill Gates during Microsoft Corp.'s early years and for a company founded by Steve Jobs called NeXT. Of Steel, Jenkins said, “He is one of the most extraordinary leaders I have ever worked with.”
She and the other trustees also praised the way that Steel encourages all the trustees to voice their opinions, calling on people who might not otherwise speak up.
“He manages to be sure that everybody gets a chance to speak,” said Janet Hill, a trustee and the vice president of a management consulting firm in Washington, D.C. “That's a skill that not every leader has.”
(snip)
OK; and Steel asserted that all of the trustees backed Brodhead all the way.
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Rep. Dan Blue, another Duke trustee. “A native North Carolinian coming back to North Carolina? I think it's what ideal stories are made of,” said Blue, a Raleigh Democrat who is also a former speaker of the House. “He's one of the most talented people I know, and also very civic minded.”
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Quasimodo
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Mar 24 2011, 04:45 PM
Post #44
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http://jimbuie.blogs.com/barber/2007/01/rev-barbers-res.html
Rev. Barber's Resume
CURRENT:
(snip)
Served as Executive Director for NC Human Relations Commission. Appointed by Governor James B. Hunt. Enforced housing, employment discrimination and hate crime laws. Managed a million-dollar budget with a staff of ten including two lawyers and coordinated with human relations councils statewide.
Served as Political Action Chair of the NC NAACP State Conference.
(snip)
Organized 2004 a North Carolina Get out to Vote Rally and Radio-thon that included Judge Jim Wynn, former House of Rep. Dan Blue, former State Auditor Ralph Campbell and the US Congresspersons Jim Clyburn and G.K. Butterfield.
(snip)
Served on Board of Trustees at NC Central University Durham NC and Barton College Wilson NC.
(snip)
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http://en.wikipedia.org/wiki/James_A._Beaty,_Jr.
The Fourth Circuit seat to which Beaty was nominated remained vacant until August 10, 2010 following the confirmation of James A. Wynn, Jr. On August 5, 1999, President Bill Clinton nominated Wynn, an African American judge on the North Carolina Court of Appeals, to replace Beaty as his nominee for the open North Carolina seat on the United States Court of Appeals for the Fourth Circuit. Wynn's nomination also never received a hearing from the U.S. Senate Judiciary Committee or received a full vote from the U.S. Senate due to the resistance of Sen. Jesse Helms, who used his previous claim that the court did not need any more judges as his justification.[6][7]
Clinton renominated Wynn to the Fourth Circuit on January 3, 2001, but his nomination was returned by President Bush on March 20, 2001, along with 61 other executive and judicial nominations that Clinton had made.[8]
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Quasimodo
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Mar 24 2011, 04:50 PM
Post #45
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