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                                   Hamilton County Herald
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VOLUME XCVII NUMBER 49                   CHATTANOOGA, HAMILTON COUNTY, TENNESSEE – SINGLE COPY 50¢ FRIDAY, DECEMBER 3, 2010


  50 years                         World War II veteran recounts tireless dedication, service
   ago...                          By Erica Tuggle

                                         Russell Pickett does not
                                   want to be called a hero. He also
 What was happening                says the 13 medals he received
  in Chattanooga                   from his time in the Army during
      in 1960                      World War II don’t mean that
                                   much to him because the real
    Saturday, December 3           heroes are the ones buried where
      A Christmas seal cross,      they died during battle.
 described as the “world’s               Pickett started his service
 largest,” will be formed          with the beginning invasion dur-
 by window lights in the           ing the Battle of Normandy, and
 Volunteer Building begin-         was the only Tennessean in the
 ning Monday night, Dec.           first wave assault. During the
 5, Walter H. Stamper,             first 30 minutes of this battle,
 Christmas seal chairman           96 percent of his company were
 for the Hamilton County           casualties, and half of that were
 Tuberculosis Association,         fatalities. The remaining percent
 announced.                        were left to fight the horrible and
                                   tragic battle that ensued.
    Monday, December 5                   Pickett grew up in Soddy
     Joe Fehn, restaurateur        Daisy during the Great De-
 and long time leader in           pression. His father died when
 the Boy Scout movement            Pickett was 11-years-old, so he
 in this area, was honored         quit school at 16 to help sup-
                                   port his mother and five siblings.    Russell Pickett served with Company A of the 116th infantry during World War II. One of the battles he fought
 as citizen of the year by                                               in was the Battle of Normandy, where 96 percent of the men in his company were casualties within the first 30
 the John Sevier Chapter of        Before the war broke out, Pickett
                                                                         minutes of battle, (half of these were fatalities and half were wounded.) Pickett earned 13 medals for the duration
 the Sons of the American          had never been more than 50           of his service, but says that they don’t mean much to him because the real heroes are the ones who were unable to
 Revolution.                       miles from home. He immedi-           come home after the battle. (Erica Tuggle)
                                   ately wanted to go into the ser-
  Wednesday, December 7            vice at age 17, but his mother        after his birthday, and begun          can’t copy.                             walk to the front, be put in
      The city school board        wouldn’t sign the papers for him      the events that he would later              After Pickett’s training,          another section of the army and
 voted to request U.S.             to go. The news of England’s          recount in his memoirs.                he made the six-day journey             not have to go into this battle.
 District Judge, Leslie R.         need, German actions and the               Pickett says he published         overseas where he and 3,000             Pickett says that not a single
 Darr, to stay his order call-     bombing of Pearl Harbor had all       the memoirs mainly because             others were loaded onto “El de          man stepped forward. They were
 ing for the board to submit a     the boys at home fired up to go,      his grandchildren wouldn’t stop        France,” a French ship sailing          all trained, ready and even eager
 desegregation plan Dec. 20.       he says.                              hounding him about it, and then        under British command. After            to go.
 The board hopes that it will            When Pickett was sent a         his granddaughter took what            more training on the beaches as               When they invaded, he
 not be required to submit         questionnaire on his 18th birth-      he wrote and put it into book          a flamethrower for Company A            was in a boat on the Western
 a plan until a decision has       day, he indicated he was unem-        form. He purposely left out the        of the 116th division, the date of      end approaching the beach. Less
 been made on its appeal of        ployed (although working sun          more gory details so that these        the invasion drew near.                 than 100 yards from the beach
 Judge Darr’s decision order-      up to sun down for 50 cents           wouldn’t be left behind for the             Before battle, his group was       the boat exploded. Pickett woke
 ing the plan. A hearing on        every day) so that he was sworn       family, but these pages detail his     told that many would die and
 the plan has been set for         into service speedily, a month        true story that war movies simply      were given the opportunity to                         Continued on page 5
 January 9.

   Thursday, December 8            Powerful detection noses visit the K-9 unit during trials
      Harry Miller was cited
                                   By Erica Tuggle                       sive odors and patrol dogs that
 for his 14 years service as a
                                                                         are primarily for finding people,
 member of the Chattanooga              The average dog has 120 to       from those who have committed
 YMCA board of directors           220 million cells in their nose       felonies to missing persons.
 and his outstanding work          compared to a human’s five mil-             The dual-purpose dogs com-
 as chairman of the World          lion cells. That means a dog’s        bine one of these scent jobs with
 Service Committee.                sense of smell is about 50 to 100     patrol, such as a narcotic patrol
                                   times more powerful than ours,        dog or a bomb patrol dog. The
                                   and makes them a very valuable        point is to stick with a certain

  Inside...                        ally for sniffing out odors we
                                   couldn’t even imagine detect-
                                   ing.
                                                                         scent when they are trained, he
                                                                         says.
                                                                               Sergeant Tommy Meeks, the
                                        The Chattanooga Police           K-9 division supervisor, says
 Real estate section ..13
                                   Department K-9 unit features          they have varying breeds in the
                                   nine of these powerful noses          unit, like golden retrievers and
 other information                 trained in different purpos-          bloodhounds, but most of the
                                   es ranging from narcotic and          dogs are Malinois, also known
 I Swear ......................6   bomb detection, to tracking and       as a Belgium Shepherd, a dog
                                   patrol, and soon more than 70         similar to a German shepherd,
 Critic’s Corner ..........21      of these talented dogs will be        but leaner and taller. These
                                   in Chattanooga for the regional       dogs are popular in police
                                   canine trials.                        departments across the nation
                                        Officer Barry Vradenburgh,       because of their ability to be
                                   the head trainer for the K-9 unit,    trained for dual-purpose jobs.
                                   says Chattanooga’s team of ser-             Meeks says, “They can sniff
                                   vice dogs took off back in 1995,      out odors plus they can sniff
                                   when the city was down to only        out suspects. If you go with just
                                   one aging Labrador drug dog.          a Labrador or golden retrievers
                                        The city received two            they are not aggressive, so we
                                   grants for four dogs each and         cannot use them for the patrol
                                   got back into dogs in a big way.      part.”
                                   It was around this time when                Most all of the dogs come
                                   Chattanooga got their first bomb      from vendors who get the ani-
                                   dog and a few dual-purpose dogs       mals either from Holland,
                                   that could do both narcotics          Germany, Switzerland or the
                                   detection and patrol to find          Czech Republic, Meeks says,
                                   criminals.                            except for the single duty blood-
                                        There are several different      hound and golden retriever the
                                   kinds of dogs you meet working        department has.
                                   on the K-9 unit, he says.                   Meeks says that eight of         Officer Barry Vradenburgh is responsible for the training of the dogs within
                                        There are narcotic detector      their dogs work the street, and        the Chattanooga Police Department’s K-9 unit. Chico, pictured here, is
                                   dogs that locate drugs, bomb                                                 one of these service animals that help with the detection of drug and bomb
                                   dogs that sniff and locate explo-                  Continued on page 11      odors and location of missing persons and suspects. (Erica Tuggle)
2        Friday, December 3, 2010                                         www.hamiltoncountyherald.com                                  HAMILTON COUNTY HERALD


Report says hunger is down slightly,                                                                                    CONTINUINg LEgAL
to 925 million people                                                                                                  EDUCATION SEMINARS
By César Noriega Ramos                Africa with 50.9 percent and        dent of sustainable develop-                      presented by the
                                      South Asia with 38.6 percent. A     ment at the World Bank, said
                                                                                                                          CHATTANOOgA
Scripps Howard Foundation Wire
                                      fourth of the world’s population    unpredictable food price increas-
      The number of people living
with malnutrition and hunger
                                      lives on less than $1.25 per day.
                                           USAID in 2009 launched
                                                                          es disrupt family budgets. She
                                                                          said extremely poor families in                BAR ASSOCIATION
declined slightly, from 1 billion     the Feed the Future program,        Ethiopia spend 80 percent of                        TUESDAY, DECEMBER 7, 2010
last year to 925 million this year,   with the G-8 and G-20 coun-         their income to buy grain to eat.                     “Quality of Life – Get A Life”
a new report says.                    tries pledging $22 billion. The           Prices are expected to rise                       Arthur C. grisham, Esq.
      But that number is 78 mil-      program sets a five-year goal to    again next year, according FAO,                         John V. Nickolini, Csw
lion higher than three years ago,     help 6.5 million smallholder        unless agricultural production                             8:30 a.m. – 11:45 a.m.
according to the 2011 Hunger          farmers to double their incomes.    rises.                                     The Mountain City Club – Woodlands Room, 2nd Floor
Report published by Bread for         Countries selected to receive             Anderson said efforts to                  3.0 Hours DUAL CLE Credit APPROVED
the World, a non-profit group         funding include 20 of the most      curb hunger and malnutrition                               $75 CBA Members
focusing on ending hunger and         critical cases for poverty, hun-    should focus on helping small-                         $150 NON-CBA Members
poverty in the U.S. and abroad.       ger and malnutrition, includ-       holder farmers to grow enough
      Nonprofit advocates and         ing Bangladesh, Ethiopia and        food to feed their families and                   THURSDAY, DECEMBER 9, 2010
government officials said Monday      Honduras.                           have enough left to sell in local       Understanding Basic Financial Statements And Accounting
at a panel discussion about the            Shah differentiated between    markets.                                                     Fraud Schemes
report that policies and funding      aid for emergency food shortages          The World Bank funds                       Forensic Accounting In Divorce Cases
are well oriented to deal with        and entrenched hunger and mal-      approximately $5.5 billion in
global undernourishment. But by       nutrition. He said international    subsidies, grants, concessions                         Overview Of Lost Profits Damages
2050, world population growth         development should work pri-        and agricultural support for small
will demand twice the current         marily with local governments.      farmers in developing countries.                     William W. Acuff, CPA•CFF, CFE
agricultural production levels.            Agricultural goods prices      Aid for agriculture develop-                     Director of Forensic Services, Decosimo CPS’s
      “The global agricultural        rose sharply from 2007 to 2008,     ment from developed countries                                8:30 a.m. – 11:45 a.m.
infrastructure hasn’t been in bet-    leaving many countries without      dropped 64 percent from 1980                                  Mountain City Club
ter shape for dealing with hunger     sufficient food. The total food     to 2003. U.S. funding for agri-                 3.0 Hours GENERAL CLE Credit APPROVED
crisis,” Rajiv Shah, U.S. Agency      import bill for developing coun-    cultural projects fell 25 percent                              $65 CBA Members
for International Development         tries rose from $191 billion in     from the mid-1980s to 2005.                                $130 NON-CBA Members
administrator, said.                  2006 to $254 billion in 2007, the         The report says that that
      The two regions with larg-      report says.                        one-third of deaths of children                 WEDNESDAY, DECEMBER 15, 2010
est hungry populations are Asia                                                                                          “Appellate Practice For The Trial Lawyer”
                                           From 2005 to 2007 the          under age 5 in developing coun-                         Donald Capparella, Esq.
and the Pacific, with 578 million     U.N. Food and Agriculture           tries can be blamed on hunger            Dodson Parker Behm & Capparella, P.C., Nashville, TN
people, and sub-Saharan Africa,       Organization estimates that 14      and malnutrition. It is the sec-
with 239 million.                     percent of world’s population       ond-largest contributor to infant      With more than 25 years of experience, Donald Capparella has
      These regions are also high     was undernourished.                 deaths.                                established a reputation as one of Tennessee’s most respected
in extreme poverty – sub-Saharan           Inger Anderson, vice-presi-          Farmers who grow corn, rice      litigators. Individuals, businesses, and non-profit organizations
                                                                          or soybeans should be encour-          trust him to vigorously represent their interests and get results.
                                                                          aged to add other vegetables and       Mr. Capparella handles all manner of civil litigation throughout
                                                                          animal protein to improve nutri-       the state and federal courts. He has secured one of the largest
                                                                          tion, the report says.                 awards in a Tennessee Consumer Protection Act case for a
                                                                                “Raising productivity is         widow and child wrongly denied insurance proceeds, and he

    L A W Y E R S                                                         one thing, and that’s good, but
                                                                          one also has to be concerned
                                                                          with what are the nutritional
                                                                                                                 is regularly called upon to handle complex matters including
                                                                                                                 construction defects, business disputes, personal injury, and
                                                                                                                 employment matters.

    PROFESSIONAL
                                                                          aspects of that food,” said Roger
                                                                          Thurow, who reported on the                               11:30 a.m. – 1:30 p.m.
                                                                          African famine of 2003 for                 The Mountain City Club – Woodlands Room, 2nd Floor
                                                                          the Wall Street Journal. He                 1.5 Hours CLE Credit (1.5 GENERAL) APPROVED

    L I A B I L I T Y                                                     is now a senior fellow at the
                                                                          Chicago Council on Global
                                                                          Affairs, a research group on
                                                                                                                                     $65 CBA Members
                                                                                                                                  $130 NON-CBA Members

                                                                                                                                  TOTAL of 16.5 HOURS of CLE
    Very Competitive Rates                                                development issues. v




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                                                                                                                          Herald                      ness law. She is licensed to prac-
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HAMILTON COUNTY HERALD                                                        www.hamiltoncountyherald.com                                       Friday, December 3, 2010                            3


                under                                                                                                                                            HCH
      analysis                              The uncompared life                                                                                                 Hamilton County
     By the Levison Group
                        Mark Levison             By Charles S. Kramer                                                                                                Herald
                   Charles S. Kramer
                    Spencer E. Farris
                                                                                                                                                               96 years of Service
                 Michelle St. Germain                                                                                                                                 (USPS 120 710)

                                                                                                                                                                 Published Weekly by
      It is December of 2010. The       nearly eight hours her last trip      in the legal profession.              people would end their discourse
                                                                                                                                                            Hamilton County Herald, Inc.
years have passed. It is inargu-        had taken on the same route.               I realized that there are a      sooner.
                                                                                                                                                               Telephone 423-648-9841
able that I am older than the                Studying her facial expres-      myriad of things that we who                Similarly, back in the days
                                                                                                                                                                  Fax 423-648-9844
majority of attorneys I run into        sion I determined she was seri-       remember the “good old days”          before photocopiers, anytime                  University Tower
in the courthouse. I cannot dis-        ous. It was then that, given her      think take too long in today’s        you had to change something              651 East 4th Street, Suite 100
pute I have more years than             age, I realized she wasn’t yet        practice, or involve too many         you’d written, you’d have to re-           Chattanooga, TN 37403
those sitting across the closing        flying in the early 1980’s when       obstacles, or too many rules, but     write the entire document and
table these days.                       the same airport to airport trip      which are accepted by the newer       then use carbon paper or manual                     Don Bona
      Still, generally, I remain        involved no security lines and no     practitioners as the norm because     reproduction to make your cop-                      Publisher
adept at vanquishing any thought        connecting flights and could be       it is all they’ve ever known.         ies – again, briefs and agreements                Jay Edwards
that I may actually be “old” from       completed in less than an hour        (Things such as e-discovery           stayed shorter.                                 Associate Publisher
my brain. Recently, however,            and a half.                           retention policies, dual language           I remember that I’d chuck-                    Bill Ellis
that skill has been stretched to             As we each awaited our           court filings, redacting “sensi-      led, thinking he was kidding as I      General Manager & Executive Editor
its breaking point. I blame the         respective bags in the airport,       tive” information about minors        returned to my office to continue                Karen Dunphy
apparent break down of the law          the woman of law began talk-          from federal filings – things that    drafting my 65 page memoran-                   Production Manager
of comparisons in the modern            ing about her upcoming visit          I admit I rely on younger attor-      dum in opposition to summary                     David Laprad
era for this travesty.                  to Canada in a similar calm           neys to remember to do.)              judgment.                                         Erica Tuggle
      On my recent Thanksgiving         voice. The cousin she was visit-           As my mind wandered                    I knew what I knew, and I                  Assistant Editor
travels, for example, I sat beside      ing in Buffalo for the holiday had    to such details of the modern         was fine with it.                              Rebecca Brockman
a twenty-seven year old corpo-          told her that the wait to cross       law practice, the young corpo-              I glanced over as my one-                  Business Writer
rate attorney. We were en route         the bridge between the United         rate counsel typed away on her        time travelling companion                        Melissa Miller
to Buffalo, from St Louis, via          States and Canada was now less        iPad, while listening to her iPod.                                                      Legal Notices
                                                                                                                    grabbed her bags – checked
Detroit.                                than 55 minutes, due to the           Seeing the technology in action                                                         Amy Sherrill
                                                                                                                    through at a cheerful twenty-
      The counselor beside me           use of passport barcode scanning      caused my mind to wander yet                                                           Data Supervisor
                                                                                                                    three dollars a bag – gave a brief                 Kay Bona
was genuinely relieved that our         equipment and additional border       again, this time to a conversa-
                                                                                                                    wave, and disappeared out of the                   Staff Writer
trip was “uneventful.” She used         officers.                             tion I’d had during my first year
that term because the first leg              This, apparently, was hardly     as an attorney with an “older”        airport content that her travels                Wanda Bouldon
from the Arch City to Detroit           a wait at all to the neophyte.        lawyer.                               had been without incident.                        Data Reporter
only required forty-five minutes             Again, I realized she simply          He had practiced back in               That’s when it dawned on
to check in and an hour and ten         had never attempted to cross          the days before central air con-      me. Sometimes, happiness is
                                                                                                                                                                      Member of:
                                                                                                                    simply having nothing to which
minutes to clear security and           the border “back in the day”          ditioning and photocopiers. He                                                  Tennessee Press Association
                                                                                                                    to compare your life.
then left only twenty minutes           when no passports were needed         swore that the invention of these                                             National Newspaper Association
late.                                   and extensive security searches       two conveniences had increased              © 2010 Charles S Kramer.          American Court & Commercial
      She further applied that          were performed only randomly          the burdens on attorneys more         Charles Kramer is a principal of                  Newspapers
descriptor because the layover          and not on every person – days        than any other thing. Before air      the St Louis, Missouri law firm,
in the Motor City was only one          when I’d dash cross the border        conditioning, he explained, you       Riezman Berger, PC. Under
hour and twenty minutes and the         for a sandwich spending no more       had to work with your windows         analysis is syndicated column of
flight out of Detroit to Buffalo        than five minutes to get across       open and the winds breezing           the Levison Group. Comments or
left only fifteen minutes late.         the international line.               through your office.                  criticisms about this column may be
      As a result, the trip time             Our conversations made my             If documents got too long,       sent c/o this newspaper or directly
from airport to airport was a crisp     mind wander to similar changes        you couldn’t keep the pages from      to the Levison Group by email to
six hours – much better than the        that have occurred over the years     blowing around your office, so        comments@levisongroup.com v
                                                                                                                                                               Subscription $ 15 per year
FTC, 35 states to send up to $11 million in refunds                                                                                                                     By mail
                                                                                                                                                                 Single copy • 50 cents
      Tennessee Attorney Gener-                                               not require a phone call.                  Federal and state laws pro-                Postmaster send
al Bob Cooper recently an-                                                          Lifelock is also alleged to     vide consumers with a variety of             changes of address to:
                                                                                                                                                               Hamilton County Herald
nounced more than 22,000                                                      have exaggerated the risk of          tools to help protect themselves               University Tower
Tennesseans will soon get re-                                                 identity theft to consumers by        against identity theft. Consumers         651 East 4th Street, Suite 100
funds as a result of a multi-                                                 posting ads that appeared to be       who have a reasonable suspicion             Chattanooga, TN 37403
state and U.S. Federal Trade                                                  news articles claiming identity       that they are or are about to                    Second Class
Commission (FTC) agreement                                                    theft rates were rising for the       become victims of identity theft               Mailing Privileges
with an identity theft protection                                             American population and for           can place free fraud alerts on                   Authorized at
provider alleged to have engaged                                              particular groups of consumers.       their credit reports by contact-            Chattanooga, Tennessee
in misleading advertising prac-                                               The agreement prohibits Lifelock      ing one of the three major credit         Material published in the Hamilton
tices.                                                                        from overstating the risk of iden-    reporting agencies.                     County Herald is compiled at consider-
      Cooper filed the agreement                                              tity theft to consumers.                   In addition, consumers             able expense and is for the sole and
in Davidson County Circuit                                                          Consumers can take pre-         can file a complaint or call the        exclusive use of our subscribers.
                                                                                                                                                             The contents of the Hamilton County
Court in March. The Tempe,                                                    cautions at no cost to protect        Tennessee Division of Consumer          Herald may not be republished, resold
Ariz.-based company, Lifelock,                                                themselves from identify theft.       Affairs for more information at         or reproduced in any manner, in whole
Inc., is alleged to have misled                                               For example, anyone can obtain        1-800-342-8385 (toll free inside        or in part without the consent of the pub-
consumers by claiming its ser-                     Bob Cooper                 free copies of their credit reports   Tennessee) or (615) 741-4737            lisher. Any infringement may be subject
vices were a “proven solution”          identity theft;                       to review their own credit his-       or online at www.tn.gov/con-            to legal redress.
                                                                                                                                                             The records contained in the Hamilton
that would protect them against               •Constantly monitor activ-      tories and identify errors and        sumer/. To file a complaint with        County Herald are taken from those
all forms of identity theft includ-     ity on each of its customers’         inaccuracies, such as unauthor-       the FTC or for more consumer            filed in the public record and do not
ing criminal, mortgage and child        consumer reports;                     ized accounts. State officials also   tips, visit www.ftc.gov or call         necessarily reflect the financial stand-
identity theft.                               •Always prompt a call from      recommend consumers closely           toll-free, 1-877-FTC-HELP (1-           ing of the parties involved. Care is
                                                                                                                                                            taken to publish suits, judgements, other
      The settlement also resolves      a potential creditor before a new     monitor their own bank accounts       877-382- 4357); TTY: 1-866-             documents exactly as they appear in the
allegations that the company            credit account is opened in the       and credit card statements for        653-4261.                               public record. However, the Hamilton
misrepresented the nature of            customer’s name; and                  unauthorized withdrawals or                Source: Office of the Tennessee    County Herald assumes no liability for
specific services it provided to              •Eliminate the risk of iden-    charges.                              Attorney General v                      errors or omissions. Persons who rely
protect or alert consumers when         tity theft.                                                                                                         solely on these contents do so at their
                                                                                                                                                            own risk.
their personal information had
been compromised.
                                              The states have alleged Life-
                                        Lock enticed consumers through
                                                                               Foreclosure Placement Services LLC                                            Any explanation of these items, as well
                                                                                                                                                            as correction of any erroneous informa-
      “We are pleased consum-           ads claiming its identity theft                      Offering assistance to attorneys                               tion, will be published upon timely noti-
ers are getting refunds,” Cooper        services were “guaranteed” to                                                                                       fication by proper correspondence.
said, “But I hope this occasion         protect private information and        We handle all aspects of the
also serves as a reminder there         prevent criminals from using it
are no absolute guarantees that         to open accounts in their names.        placement of trustee sale
                                                                                                                                                             Hamilton County Herald
any company can protect you             Some ads even included CEO             notices in newspapers and                                                    The editors are responsible for the
from identity theft.”                   Todd Davis’ Social Security
      Refunds will be mailed out        Number, which Davis said,
                                                                                     on the Internet.                                                        writing and display of the news,
                                                                                                                                                           data and features in this newspaper.
today. In addition, LifeLock also       showed “how confident I am                • Guaranteed timely appearance.                                               If you have a question or
agreed to pay $1 million to cover       in LifeLock’s proactive identity                                                                                     suggestions, you may call during
the costs of the states’ investiga-     theft protection.”                     • Placements in Arkansas and Tennessee.
                                                                                                                                                                  normal business hours.
tion, of which Tennessee will                 LifeLock’s ads also implied      • Placement on the Internet in accordance
receive $79,000.                        that individuals with fraud alerts                 with Act 1196.                                                     General manager: Bill Ellis
      LifeLock has also agreed to       on their consumer reports will                                                                                             423-648-9841
stop misrepresenting that its ser-      always receive a phone call prior                                501-372-1389                                            fax: 423-648-9844
vices:                                  to the opening of new accounts,                                                                                     gm@hamiltoncountyherald.com
      •Protect against all types of     although the federal law does            300 S. Izard Street • Little Rock, Arkansas 72201
4        Friday, December 3, 2010                                            www.hamiltoncountyherald.com                                 HAMILTON COUNTY HERALD

                                                                                   However, it was a necessity     These valuable delicacies would      until the meat thermometer

                               Read all                                      back many years ago that often
                                                                             would turn into a social event
                                                                             as much as a necessary job on
                                                                                                                   become the feature at next year’s
                                                                                                                   Thanksgiving meal, or even
                                                                                                                   more importantly, they would
                                                                                                                                                        registers 165 F. Cooking time
                                                                                                                                                        is about 15 to 20 minutes per
                                                                                                                                                        pound for whole hams.
                              about it ...                                   the farm.
                                                                                   The cold weather during
                                                                                                                   be the family’s official Christmas
                                                                                                                   ham.
                                                                                                                                                             Now here is the secret to
                                                                                                                                                        cooking a ham this way: After
                                                                             the month of November served               A very special feature of       cooking at the desired minutes
                                   By Pettus L. Read                         as a perfect setting for harvesting   our holidays, which continues        per pound, take the lard stand
                                Te n n e s s e e F a r m B u r e a u         hog meat for the coming months        today, is the annual cooking of      off the stove and wrap it in
                                                                             on my grandfather’s farm. And,        the country ham.                     several layers of newspaper and
                                                                             boy would it be cold on “hog               I know the doctors say the      a quilt.
      Whatever happened to            decided to take a rest from a          killin’” day. I will never forget     salt is bad for us, but it just           Let the ham slowly cool in
      “hog killin’” weather           really tough long summer and a         the taste of fresh pork tenderloin    wouldn’t be the holidays with-       the broth for approximately 20
     The other day while leav-        brisk fall.
                                                                             and sausage, as well as the sight     out one ham and biscuit.             hours. This is part of the cook-
ing the bank, another gentle-               However, lately, our weath-
                                                                             of fresh meat lying out in the             Over the years in my col-       ing procedure and will bring the
man around the same age as            er has been intermingling sum-
                                                                             smoke house to chill before it        umn, I’ve given our family recipe    internal temperature to 170 F.
myself commented about how            mer and fall, but I’m sure there
                                                                             was salted down.                      for cooking a country ham in a            Later, take your ham out
cold the north wind was com-          will still be plenty of cold to suit
                                                                                   Hog killin’gs were also a       lard stand, or lard can, as some     of the lard stand and put your
ing around the corner and said,       most of us.
                                                                             time for families to get together     may call it.                         favorite glaze on it and enjoy
“I guess it’s about hog killin’             Not only the weather, but
                                                                             and work side by side to put up            My mother always cooked         some real Tennessee eating.
time isn’t it?”                       modern-day processing has also
     Actually he said, “ain’t                                                the meat supply for the months        our ham in a lard stand on top            Give it a try this Christmas.
                                      pretty much taken the old tradi-
it” instead of “isn’t it,” but I                                             ahead.                                of the stove. You are basically      I know this is some repeated
                                      tion of processing hogs on the
didn’t want the wrath of all          farm away and made it a thing                At my grandfather’s, I have     boiling the ham.                     information for some of you, but
my English major friends and          of the past.                           seen 20 or 30 people working               First, you wash the whole       for those who still call and ask me
their losing interest in what               In fact, the weather has also    together in cold temperatures to      ham thoroughly with a brush          to repeat it, Merry Christmas.
I’m about to say in the very first    changed, and it is really diffi-       prepare the meat.                     or rough cloth. Trim off any              This method of cooking a
paragraph.                            cult to find weather cold enough             Men usually took care of        dark, dry edges and soak the         ham is an old tradition that has
     But his comment caused our       anymore to do it right like we         the killin’g and scalding box, as     ham in water overnight, then         been around Middle Tennessee
conversation to go on to include      used to.                               well as the cleaning of the hog.      drain. This also removes a lot of    prior to the War of Northern
the discussion about how the                But for many of the “Country           The women would prepare         the salt.                            Aggression.
weather has seemed to change          Boomers” and beyond, those             the lard, help with cutting up             After the ham is ready for           It is truly a family tradition
where it is no longer suitable to     memories of cold days, wood            the meat and skim off the crack-      cooking, place it on an old plate    at our house that I hope will be
kill hogs on local farms in these     fires, sharp knives and hard work      lins.                                 or rack in the bottom of the lard    carried on for generations to
parts like we once did 40 or more     will always linger.                          There is nothing like good      stand. Cover the ham with cold       come.
years ago.                                  For those of you who are         cracklin bread on a winter’s day.     water. One tablespoon of brown            Pettus L. Read is editor of
     Now is suppose to be the         not of those generations that          In fact, everything was harvested     sugar or molasses per quart of       the Tennessee Farm Bureau News
time of year when most of the         did their own processing, and          except the squeal.                    water may be added, but is not       and Director of Communications
farm harvest is complete and          get your pork products from a                One of the most impor-          really needed.                       for the Tennessee Farm Bureau
the coldness of winter is settling    grocery store, a “hog killin’” may     tant procedures in hog killin’gs           Bring the water to a boil,      Federation. He may be contacted
in. A time when everything has        sound somewhat crude.                  was the preparing of the hams.        and then reduce heat. Simmer         by e-mail at pread@tfbf.com v

                                                                             children in the extended family       tion, and you only have to run       mansionentertainment.com or

                               Southern                                      and many in our community.
                                                                                   Then came baking cakes,
                                                                             cookies and pies, once again with
                                                                                                                   as far as your computer or your
                                                                                                                   telephone.
                                                                                                                         Earlier this year, I visited
                                                                                                                                                        calling (866) 996-9986.
                                                                                                                                                              I am sure if you haven’t got
                                                                                                                                                        the time to make something the
                                Style                                        fillings she had canned or froze
                                                                             and some store bought flour, eggs
                                                                                                                   with an old friend producer Bill
                                                                                                                   Traylor at the National Quartet
                                                                                                                                                        youth will love, this will be a
                                                                                                                                                        gift that keeps on giving to them
                                                                             and butter.                           Convention. He is now part           and maybe to you to as you hear
                                                                                   I never saw one of those gift   of Mansion Entertainment in          them singing along.
                                     By Randall Franks                       recipients complain that their        Branson, Mo. He and his part-              Remember, as you shop, this
                                                                             gift didn’t come in a fancy store     ners gathered together to cre-       is the season of goodwill, peace
       The Christmas rush             struggle through the tough times       bought box.                           ate a wonderful musical gift for     on Earth, and remembering the
      Well, the rush is on again      when it looked like there wasn’t             In fact, I know of at least     children – the Timmy for Kids.       reason for the season is the baby
to fill all those red stockings       enough to provide store bought         one of those stuffed animals still    It’s a MP3 audio player for kids     Jesus, born in Bethlehem, who
hanging above the glow of the         gifts – they made them…                caringly stored away: a yellow        three and up.                        came to save us all. May He by
fireplace on the oak mantle and             Amazing isn’t it, people         teddy bear with its face sewn in            The MP3 player is preloaded    the light of your Christmas.
to pile up the lavishly wrapped       actually caringly making gifts         navy blue thread. I hope some-        with 100 original Sunday school            Randall Franks is an award-
boxes underneath the silver           through a small investment in          day to give it to my child should     and action songs that children       winning musician, singer and
shining evergreen limbs of the        raw materials. I can remember          the Lord bless me with one in         love to sing along with and room     actor. He is best known for his role
Christmas tree.                       one year my mother purchased           the future.                           for them to download hundreds        as “Officer Randy Goode” on TV’s
     I just don’t know how we         an endless amount of filling for             Either way, with times as       more.                                “In the Heat of the Night” now on
make it through this process          stuffed animals. The rest came         tough as they are, I encourage              Also included are down-        WGN America. His latest CD
each and every year. Especially       from scrap materials left from         you to see how you might use the      loadable lyrics for all the songs    release, “An Appalachian Musical
as we realize that there are so       sewing dresses for friends and         talents God has shared with you       and the downloadable Timmy           Revival,” is by www.shareamerica-
many gifts yet to buy at the end      family.                                to create a lasting blessing for      and Tara coloring book, high         foundation.org. He is a member of
of our money.                               She worked hour after hour       someone you love.                     quality ears buds and a USB          the Atlanta Country Music Hall of
     Friends, let me encourage        following work cutting a variety             If you are going to run out     cable for $49.95 plus shipping       Fame. He is a syndicated columnist
you this year to consider an          of animals out of those scrap          and buy something for those           and handling.                        for http://randallfranks.com/ and
approach that my late parents         materials, sewing faces onto the       early elementary youngsters in              You can find out more about    can be reached at rfrankscatoosa@
shared with me as I watched them      animals and stuffing them for the      your life, I do have a sugges-        ordering by visiting http://the-     gmail.com. v




           From the FBI
     You receive a text message       ing number of Americans own                 The victims receive mes-         attractive and lucrative for cyber   to watch out for, according to
or an automated phone call on         mobile phones. (Vishing scams          sages like: “There’s a problem        criminals.                           IC3, include:
your cell phone saying there’s a      also target land-line phones.)         with your account,” or “Your               Here are a couple of recent          • Phishing schemes using
problem with your bank account.            “Smishing” – a combination        ATM card needs to be reacti-          smishing case examples:              e-mails that direct victims to
You’re given a phone number to        of SMS texting and phishing –          vated,” and are directed to a              • Account holders at one        spoofed merchant Web sites mis-
call or a Web site to log into        and “Vishing” – voice and phish-       phone number or Web site ask-         particular credit union, after       leading them into providing per-
and asked to provide personal         ing – are two of the scams the         ing for personal information.         receiving a text about an account    sonal information.
identifiable information – like a     FBI’s Internet Crime Complaint         Armed with that information,          problem, called the phone num-            • Online auction and clas-
bank account number, PIN, or          Center (IC3) is warning con-           criminals can steal from victims’     ber in the text, gave out their      sified ad fraud, where Internet
credit card number – to fix the       sumers about as we head into the       bank accounts, charge purchases       personal information, and had        criminals post products they
problem.                              holiday shopping season. These         on their charge cards, create a       money withdrawn from their           don’t have but charge the con-
     But beware: It could be a        scams are also a reminder that         phony ATM card, etc.                  bank accounts within 10 min-         sumer’s credit card anyway and
“smishing” or “vishing” scam…         cyber crimes aren’t just for com-           Sometimes, if a victim logs      utes of their calls.                 pocket the money.
and criminals on the other end        puters anymore.                        onto one of the phony Web sites            • Customers at a bank                • Delivery fraud, where
of the phone or Web site could             Here’s how smishing and           with a smartphone, they could         received a text saying they need-    online criminals posing as legiti-
be attempting to collect your         vishing scams work:                    also end up downloading mali-         ed to reactivate their ATM card.     mate delivery services offer
personal information in order to           Criminals set up an auto-         cious software that could give        Some called the phone number         reduced or free shipping labels
help themselves to your money.        mated dialing system to text or        criminals access to anything on       in the text and were prompted        for a fee. When the customer
While most cyber scams target         call people in a particular region     the phone. With the growth of         to provide their ATM card num-       tries to ship a package using a
your computer, smishing and           or area code (or sometimes             mobile banking and the ability        ber, PIN, and expiration date.       phony label, the legitimate deliv-
vishing scams target your mobile      they use stolen customer phone         to conduct financial transactions     Thousands of fraudulent with-        ery service flags it and requests
phone, and they’re becom-             numbers from banks or credit           online, smishing and vishing          drawals followed.                    payment from the customer.
ing a growing threat as a grow-       unions).                               attacks may become even more               Other holiday cyber scams            (www.fbi.gov) v
HAMILTON COUNTY HERALD                                                     www.hamiltoncountyherald.com                                      Friday, December 3, 2010                  5

            Case Digests
            VerdIcts and settlements
     Woman suffers brain injury       basic entry retail or reception           The trial took place over       brain injury, broken arm, perfo-      secured comprehensive pre-judg-
from fireworks accident               positions were failures and she      four weeks in one of Fairfax         rated ear drums, compound frac-       ment security, including attach-
      Richmond, Va. – Kathryn         is now only capable of limited       County’s newly renovated             ture of arm, burns to face, arms      ments on the defendants’ prop-
Hollis, 36 at the time of the inci-   employment in highly structured      “Technology Courtrooms,” and         and torso                             erties and an order restricting
dent, was a homemaker attend-         situations.                          a substantial portion of evidence         Name of case: Hollis v.          the defendants from transferring
ing a Fourth of July fireworks             An investigation revealed       was presented via videos, video      Schaefer Pyrotechnics Inc.            their assets, except to pay for
display in 2007 when an aerial        that the incident occurred when      deposition, and PowerPoint pre-           Court: Fairfax County            personal and living expenses.
“salute” shell – a 3-inch package     a salute shell detonated inside      sentations displayed to jurors on    Circuit Court                              The town subsequently dis-
of flash powder, rice, and card-      a 25-shot “finale cake” (also        their own individual monitors.            Name of judge: Bruce D.          covered bank records suggesting
board – exploded next to her and      referred to as a “barrage cake” or   Trial involved over 55 witnesses,    White                                 that the defendants had violated
injured 13 people.                    “cakebox”) of aerial shells, caus-   15 experts, and closing argument          Verdict or Settlement:           the court’s order concerning pre-
     The blast at the fireworks       ing the box to disintegrate and      included a 160-slide PowerPoint      Verdict                               judgment security, and subse-
display in Vienna caused injuries     overturn boxes next to it.           presentation that included vid-           Special damages: $480,000        quently filed a complaint for
normally seen in combat situ-              Numerous shells launched        eos, pictures, and demonstra-        in past and future medical            civil contempt.
ations: a compound fracture of        laterally, rather than vertically,   tive exhibits. Hollis’ brain inju-   expenses, $680,000 in life care            A contempt trial was
her arm; severe first, second and     causing one 3-inch salute shell      ries were also explained using       expenses, $731,000 in lost earn-      held and the issue was taken
third degree burns to her arm,        to travel 420 feet over the head     three dimensional renderings of      ing capacity                          under advisement by the court.
face, and torso; multiple open                                             Positron Emission Tomography
                                      of hundreds of spectators, strike                                              Demand: $7,000,000               While the contempt action was
                                                                           (PET) scans and Diffusion
puncture wounds caused by shell       Hollis’ neighbor and explode                                                   Highest offer: $2,000,000        pending, the parties settled for
                                                                           Tensor Imaging (DTI) scans
debris; bilateral perforated ear-     next to her and her sons.                                                      Developer’s president sued       $900,000.
                                                                           compared against norms.
drums; and a blast-related brain           Hollis originally sued 17            Hollis also sued the town,      over unpaid judgment                       Under the terms of the set-
injury.                               defendants including Schaefer        fire marshalls, the Chinese manu-         Boston, Mass. – In 2009,         tlement agreement, the defen-
     She underwent seven surger-      Pyrotechnics Inc., its owner and     facturer of the fireworks, Liuyang   the town of Hopkinton secured         dants must make payments over
ies and over 190 days of medical      lead shooter.                        Jinsheng Fireworks Company,          a judgment for $966,130 against       the course of approximately one
treatment and faces long-term              She contended Schaefer          but those claims were withdrawn      a corporate developer that had        year. To secure the payments,
counseling, therapy and medica-       was negligent in using finale        without prejudice.                   refused to complete the con-          the town maintains attachments
tion. July 4 was also Hollis’ wed-    cakes that were illegal under             A separate claim against a      struction of a subdivision and        on the defendants’ properties.
ding anniversary and her father’s     the National Fire Protection         fireworks distributor was settled    make necessary repairs to the              Additionally, the parties
birthday.                             Association regulations and          before trial. The court found        structure.                            have filed an agreement for judg-
     Hollis was formerly employed     in failing to properly test the      the fireworks contract was for            The developer failed to          ment in the amount of $1.25
as an event planner and intranet      finale cakes. She also alleged       services, not goods, and struck      pay the judgment. The town            million, which will be enforced
editor at Hogan Lovells LLP. She      the defendants failed to follow a    the products liability claim. A      then conducted post-judgment          in the event of a breach of the
had planned to return to work         manufacturer’s warning to place      public nuisance claim was also       discovery and determined that         settlement agreement.
when her two sons began attend-       spectators at least 820 feet from    dismissed before trial.              a viable claim could be made               Action: Municipal
ing school full-time. Substantial     the launch site.                          The jury awarded $4.75          against the developer’s president          Injuries alleged: Unpaid
evidence was presented regard-             Plaintiff contended that        million      against     Schaefer    and others in a “piercing-the-        damages from previous judg-
ing her prior employment per-         the defendants failed to modify      Pyrotechnics, Inc. and its owner     corporate-veil” strategy.             ment
formance and skills as a mother       the overall display given a 10-      Kimmel Schaefer. The jury found           The town filed suit against           Case name: Town of
juxtaposed against her present        year history of problems at the      in favor of the lead shooter.        the developer’s president and         Hopkinton v. Bellantoni, et al.
capacities corroborated by her        Vienna site and a history of              Type of action: Personal        others, asserting that the defen-          Jury and/or judge: N/A (set-
friends, family, physicians, and      problems with finale cakes and       injury                               dants were liable for the corpo-      tled)
others. Her attempts at working       cake boxes generally.                     Injuries alleged: Traumatic     rate developer’s debt. The town            Amount: $900,000 v

            Case Digests
            tennessee court oF appeals syllaBus
      Jeremy Paul Hopkins v.          denial of unemployment benefits      claim against Stackhouse. The        from the enforcement of a valid       ing Wife’s discovery requests
Bradley County, Tennessee, et         to claimant.                         Trial Court denied Walgreen and      distance rule is impermissibly        admitted. Husband timely filed
al.                                        Earl Faulkner, et al v. Tom     Cortney permission to amend.         discriminatory, even if it results    a motion to set aside the order
      Bradley County – Plaintiff      Emmett Construction Company          We granted permission for an         from an agreed order. Because         on the ground he did not receive
was incarcerated in jail on an              Knox County – Earl and         interlocutory appeal on the sole     the discriminatory issuance of a      proper notice of the hearing,
arrest warrant that authorized        Faye Faulkner (“Plaintiffs”)         issue of whether Walgreen and        single permit in violation of a       which the trial court denied. We
bail of $1,500, which defen-          hired Tom Emmett Construction        Cortney should be granted leave      county’s distance rule may inval-     have determined that Husband
dants failed to honor until the       Company (“Defendant”) to con-        to amend to add a cross-claim        idate the rule, we reverse and        did not receive proper notice; as
elapse of a 12-hour period. The       struct a new driveway at their       against Stackhouse. We reverse       remand.                               a consequence the order grant-
trial judge held the defendants       home in Knox County. Plaintiffs      the Trial Court’s order and grant         James Daniel Marshall v.         ing the default judgment and
violated the statute governing                                             Walgreen and Cortney permis-         Jenine Estelle Marshall
                                      refused to pay $8,000 of the total                                                                              other relief is void. Therefore,
                                                                           sion to add a cross-claim against         Davidson County – Hus-
the arrest warrant, and that the      $18,000 contract price because                                                                                  the trial court erred as a mat-
                                                                           Stackhouse.                          band appeals the entry of a
violation amounted to a consti-       they were dissatisfied with the            Boyd’s Creek Enterprises,      default judgment and the result-      ter of law in denying Husband’s
tutional violation entitling the      workmanship of the driveway.         LLC., et al v. Sevier County,        ing Final Decree in a divorce         motion to set aside the order.
plaintiff to damages. We granted      Plaintiffs sued Defendants seeking   Tennessee, a Governmental            action. Wife filed a complaint        The court’s failure to set aside
an interlocutory appeal on these      as damages what it would cost to     Corporate Entity, et al.             for divorce; Husband filed an         the order also greatly impaired
two rulings by the trial judge. We    remove and replace the allegedly           Sevier County – The ques-      answer and counter-complaint.         Husband’s right to assert the
uphold the trial judge’s deter-       defective driveway. Defendant        tion before this Court is whether    Later in the proceedings, Wife        defenses and affirmative claims
mination that the defendants          asserted that the driveway was       the issuance of a beer permit        filed a motion for default judg-      that were stricken. Accordingly,
violated the statute by hold-         properly constructed and filed a     in violation of a county’s dis-      ment and other relief against         the Final Decree is also reversed
ing plaintiff for 12 hours before     counterclaim for the remaining       tance rule is non-discriminatory     Husband due to his failure to         and we remand for a new trial of
allowing bond, but reverse the        $8,000 balance owed on the oral      if it results from an agreed order   comply with the court’s discovery     the issues properly raised by the
trial court’s holding that plain-     contract. Following a bench trial,   resolving litigation. We con-        deadline. The trial court entered     parties in their pleadings subject,
tiff’s constitutional rights were     the Trial Court concluded that       clude that a beer board’s decision   an order granting a default judg-     of course, to Husband comply-
violated and remand the case to       any problems with the driveway       to effectively exempt a single       ment against Husband, strik-          ing with discovery and the trial
the trial court.                      were not sufficient to require       premises or subset of premises       ing his pleadings, and deem-          court’s orders. v
      Albert J. Hale v. James         that it be removed and replaced.
Neeley, Commissioner, et al.          Because there was a problem
      Hawkins County – Claim-         with how the concrete on one            Veteran                                                             Continued from page 1
ant, an employee of Wal-Mart,         portion of the driveway had been
was charged with possession of        poured, the Trial Court required     up lying on the beach, unable to     only recognized three men he          France after his service, but is
cocaine and pled guilty to a          Plaintiffs to pay Defendant only     walk, his equipment gone and a       knew, and two of those died in        still working on behalf of his fel-
misdemeanor possession, and           $5,000 of the remaining $8,000       dead solider, he imagined dragged    the next battle.                      low soldiers. He has had to work
was then discharged for violat-       owed on the contract. Plaintiffs     him to shore a few yards from him.        Pickett was injured again        over the years to obtain his 100
                                                                                Picket says he lay there as     in the Battle of St. Low when         percent disability, and since then
ing company policy. Claimant          appeal. We affirm as modified.
                                                                           the tide came in and washed          a hand grenade sent shrapnel          has helped other veterans get
was not at work nor on Wal-                Joy C. Lindsey v. Walgreen                                           into his arm and shoulder. He
Mart’s property when the offense      Company, et al.                      him back out with other less                                               their much needed and deserved
                                                                           fortunate soldiers. He used his      spent 21 days in England heal-        disability pay.
occurred. The agency found that            Knox County – Joy C.                                                 ing, returned to combat and was
claimant was discharged under         Lindsey (“Plaintiff”) sued Wal-      combat knife to gather more life                                                 One year he helped 11 vet-
                                                                                                                soon after hit again, knocked
disqualifying conditions and          green Company (“Walgreen”),          vests to him and waited for one                                            erans get 100 percent disability,
                                                                                                                unconscious, and sent back to
denied unemployment benefits.         Robert Cortney (“Cortney”),          of the boats to pick him up.         England, where he worke up and        and during the next six months,
Throughout the appeals process,       and Kane David Stackhouse                 Through the grace of God,       was put out of action for good.       he helped another 11 get their
denial of benefits was upheld. On     (“Stackhouse”) after David Z.        as the boat carried him back to      At this point, he had been on         disability. He still offers a help-
appeal to this Court, we hold that    Lindsey, Sr. was shot and killed     England, he regained the use         the front line around the clock       ing hand to those who need it.
claimant violated Wal-Mart’s          by Stackhouse in a Walgreen’s        of his legs and wasn’t hurt any-     for 62 days. Pickett says he didn’t         Pickett may not like being
policies by failing to report his     parking lot. Approximately           where. He opted to go back into      want to come home yet and was         called a hero for his actions, but
conviction under a criminal drug      ten months after filing their        fighting instead of the hospi-       put on limited duty in a hospital     maybe he won’t mind if we all
statute to his employer within        answer to Plaintiff’s complaint,     tal and returned to the beaches      until the war was over.               give him our gratitude and sin-
three days as required under the      Walgreen and Cortney filed a         seven days after D-Day. When              Pickett received seven med-      cere thanks for his service to our
employer’s policy. We affirm the      motion to amend to add a cross-      he returned to his company, he       als from the U.S. and six from        country and freedom. v
6         Friday, December 3, 2010                                             www.hamiltoncountyherald.com                                 HAMILTON COUNTY HERALD


                                                                               Diversions
                                                                               against the run, giving up only       lowed but Dupree wasn’t able to       the final preseason game against
                          Are we there yet?                                    63 yards a game. The overweight
                                                                               Dupree had runs of 56, 56 and 48
                                                                                                                     collect anything and he ended
                                                                                                                     up working odd jobs. His weight
                                                                                                                                                           the Los Angeles Raiders, but
                                                                                                                                                           was one of the 14 players cut
                                                                               yards and set a Fiesta Bowl record    shot up to over 300 pounds and        by coach Chuck Knox to trim
                             The kid from                                      of 239 yards that still stands. He    it seemed at such an early age        the team down to the 47 player
                              Philadelphia                                     carried the ball only 17 times
                                                                               and had to go to the dressing
                                                                                                                     that his life was over.
                                                                                                                          But the human heart is a
                                                                                                                                                           regular season roster, and retired
                                                                                                                                                           shortly afterward.
                                                                               room three times for treatment        funny thing. Being given up on             The ESPN documentary
                                                                               to a hamstring. Oklahoma lost         or forgotten by most, Marcus          ends with Dupree digging
                                       By Jay Edwards                                                                Dupree decided to try again.          through piles of clutter in his
                                                                               32-21 and Dupree was named
                                                                               MVP. Afterwards Switzer said          Through sweat and hard work           deceased mama’s house. He finds
      (Part two)                        that his handling of Dupree was        that if he’d been in better shape     he got back in shape and earned       an old dusty, high school cham-
      Marcus Dupree had finished        his worst mistake made as a head       he would have had 400 yards           a tryout with the LA Rams,            pionship cup and a weathered
his freshman year as an Oklahoma        football coach. We are given a         and they’d have won.                  five years after his career-ending    football he got as the Fiesta
Sooner and headed back to his           tour of the room and its memo-              Things only got worse the        injury. He made the team and          Bowl MVP. It is a stark contrast
home in Philadelphia, Miss., to         rabilia; a lifetime of awards laud-    next year. Injury-prone, Dupree       played for two years.                 to Switzer’s immaculate trophy
spend Christmas with his family.        ed on a man who has reached            suffered a concussion in the               Before the 1992 season, Du-      room.
It was a welcome relief for the         the pinnacle of college football       Texas game and disappeared for        pree’s third, he led the Rams in           Today, Dupree is working as
18-year old phenomenon who              three times; and once in the           a week. When he showed up             rushing in the preseason, which       a supervisor for BP in the Miss-
was already being called the best       NFL. Diamond-studded, bulky            back in Philadelphia he said he       included a 212-yard game in           issippi Gulf oil spill cleanup. v
running back that ever was.             gold rings fill a velvet-lined case    was through with Oklahoma. He
      Dupree had chosen Okla-           and gold trophies stand in dark        enrolled at Southern Miss in
homa over Texas and Southern            wooden bookshelves, reminding          Hattiesburg, but when he found
Mississippi, and really every           the owner and his visitors that        out it would be two years before                                             I Swear...
other major college program in          for many years he was the best at      he’d be eligible he left there and
the United States. He was named         what he did.                           signed a contract with the New
as a second team All American                “I recruited a lot of big-time,   Orleans Breakers of the USFL.
                                                                               The team agreed to pay him six
                                                                                                                                                           Cat-lapping
after that first year and being         blue-chip players, but not like
hailed as the second coming of          Marcus,” Switzer said. “The first      million dollars. He was 20 years                                           mystery solved
Jim Brown. But he wasn’t happy.         day he joined our team, he was         old.
His head coach, Barry Switzer,          the best player on the field.”              His first year with the team
rode Marcus hard, believing that             Dupree had two weeks              was mediocre at best due mainly                                             B y Vi c F l e m i n g
he needed to treat him the same         between the end of his fresh-          to injuries. He earned a starting
as any other player.                    man regular season and then            spot for the opening game in               Roman Stocker was hardly a       and New York Times reporter
      “I didn’t handle Marcus           he was due back on campus to           his second season against the         household name before the Nov.        Nicholas Wade, I now know
right. I would handle him differ-       prepare for the Sooner’s Fiesta        Arizona Outlaws. Early in the         11 issue of Science came out.         that she forms a sort of cup with
ently today,” Switzer says in the       Bowl game on New Year’s Day            second half he was hit and his             According to the Massa-          her tongue and hauls the water
ESPN documentary, “30 for 30            against Arizona State. When            knee buckled, ending his career       chusetts Institute of Technology      into her muzzle.
– The best that never was.”             he returned to Norman he had           with the Breakers.                    Web site, Stocker is an Associate           Cats, though, the research-
      In the show, Switzer is inter-    gained ten pounds and was out               He moved back to Phila-          Professor in the Environmental        ers conclude, are “classier.”
viewed in his home office/trophy        of shape. His coaches, particu-        delphia and soon found out from       Microfluidics Group of MIT’s                A cat’s “lapping method,”
room. Sitting in a leather wing         larly Switzer, weren’t happy.          his trusted adviser, who was in       Department of Civil and               they say, “depends on its instinc-
back chair, with dark oak paneled            They were playing the team        charge of the money that there        Environmental Engineering. A          tive ability to calculate the bal-
walls behind him, Switzer admits        that had led the nation in defense     was nothing left. Lawsuits fol-       mouthful, that’s what his title       ance between opposing gravita-
                                                                                                                     is (but wait till you get to his      tional and inertial forces.
                                                                                                                     associates’).                               “What happens is that the
                             I Swear Crossword                                                                            Anyway, it seems that some-
                                                                                                                     time in 2007, Prof. Stocker was
                                                                                                                                                           cat darts its tongue, curving the
                                                                                                                                                           upper side downward so that the
    You voted for which party?                                                                By Victor Fleming      watching his family cat, Cutta        tip lightly touches the surface of
                                                                                                                     Cutta, lap water from its bowl        the water.
    across                                                                                                           when a thought occurred to him:             “The tongue is then pulled
     1 Mark that may cause a                                                                                         “I wonder what hydrodynamic           upward at high speed, drawing
       pause                                                                                                         problems Cutta Cutta is solv-         a column of water behind it.
     6 Site of online auction action
    10 24-hr. cash sources                                                                                           ing.”                                 Just at the moment that gravity
    14 Uncool person                                                                                                      He contacted Pedro Reis, the     finally overcomes the rush of the
    15 Fish from Dover                                                                                               Esther and Harold E. Edgerton         water and starts to pull the col-
    16 Patricia who co-starred in                                                                                    Assistant Professor of Mechanical     umn down - snap! The cat’s jaws
       “The Fountainhead”                                                                                            Engineering and Civil and             have closed over the jet of water
    17 ___ bar (acts the mixologist)                                                                                 Environmental Engineering at          and swallowed it.”
    18 Socks parts                                                                                                   MIT’s Elasticity, Geometry and              The     cat-lap      research
    19 Actor Richard of “Chicago”                                                                                    Statistics Laboratory (told you).     team tested its findings with a
    20 Someone from Cedar                                                                                                 Presumably, Roman said           machine that mimicked a cat’s
       Rapids
    22 Song from the past
                                                                                                                     something like, “Hey, Pedro,          tongue. This required calcu-
    23 What one spouse may want                                                                                      did you ever watch cats drink         lation of a “Froude number,”
       the other to have at the                                                                                      and wonder what’s up with that        which (per Wikipedia) is “the
       bank                                                                                                          tongue thing they do?”                ratio of a characteristic velocity
    28 “And the mountains should                                                                                          Game on!                         to a gravitational wave velocity”
       ___ to the sea” (“Stand By                                                                                         They brought a couple oth-       and which “may equivalently be
       Me” lyric)                                                                                                    ers on board, going out of state      defined as the ratio of a body’s
    29 “That’s my ___ feeling”                                                                                       to do so.                             inertia to gravitational forces.
    30 ___ de deux (dance for two)                                                                                        Sunghwan Jung is an              In fluid mechanics, the Froude
    31 ___ Romeo (Italian sports
       car)
                                                                                                                     Assistant Professor of Engineering    number is used to determine the
    32 “Caine Mutiny” captain                                                                                        Science and Mechanics at              resistance of an object moving
    34 The, in English, e.g.                                                                                         Virginia Polytechnic Institute.       through water, and permits the
    41 Lounged (around)                                                                                                   Jeffrey Aristoff is the          comparison of objects of differ-
    42 Colorado resort on I-70                                                                                       NSF Mathematical Sciences             ent sizes.”
                                            Rate”                              44   Mickey of “National Velvet”
    43 Noah’s creation
                                          5 Take in                            45   Rogues                           Postdoctoral Research Fellow                They predicted “how fast a
    46 Deal maker                                                                                                    in Complex Fluids Group of            cat should lap to get the greatest
                                          6 Kind of sale or tax                47   Typical John Grisham hero
    47 Conservative’s opponent                                                                                       the Department of Mechanical          amount of water into its mouth.”
                                          7 Western pioneer Daniel ___         48   “Give ___ rest!”
    50 Robert E. Lee’s group,                                                                                        and Aerospace Engineering at          Their prediction, it turned out,
                                          8 Draught drink                      49   Jeeves’s boss ___ Wooster,
       1861-65                                                                                                       Princeton University.                 was spot on.
                                          9 “You’re correct!”                       in Wodehouse novels
    53 Raked over the ___ (repri-
                                         10 Non-Latino                         51   “The People vs. Larry ___”            During a three-and-a-half-             They then turned to wheth-
       manded)
                                         11 Ready to start the first hole           (1996 Woody Harrelson film)      year period, these guys researched    er their findings would translate
    54 Oscar, for one
                                         12 Home for yachts                    52   Part of NPR                      and wrote a paper, now published      to larger cats.
    55 Be jealous of
                                         13 Falls as frozen rain               56   Held first place                 as “How Cats Lap: Water uptake              They determined a formula:
    56 The Beatles’ “___ Madonna”
                                         21 ___-Mart                           57   Mr. Onassis, familiarly
    58 Dogpatch negative
                                         22 Eight-member band                  59   Judge Lance ___ (1995
                                                                                                                     by Felis catus.”                      “The lapping frequency should
    62 Fourth word of “The Battle                                                                                         Thus, we do in fact now          be the weight of the cat species,
                                         23 Large quantity                          name in the news)
       Hymn of the Republic”                                                                                         know how cats drink. Aside from       raised to the power of minus one-
                                         24 ___ Stanley Gardner                60   Wayne Gretzky’s grp.
    63 Lake on the border of four                                                                                    the fact that they lap water so       sixth and multiplied by 4.6.”
                                         25 “___, the Magic Dragon”            61   Party that’s split in 23-, 34-
       states                                                                                                        fast that humans cannot follow              With formula in hand, they
                                         26 Water, in Madrid                        and 50-Across
    64 “___ one” (repeating lyric in
       Johnny Rivers’ hit “Seventh
                                         27 One holding the cards, on               Last week’s solution             what’s going on.                      developed connections with
                                            a set                                                                         It took high-speed photog-       some zoos, shot footage of lions
       Son)
                                         32 Abbreviation in a proof                                                  raphy to show that cats, which,       and leopard and ocelots, and
    65 Pt. of PBS or CBS
                                         33 “Frankly, my dear, I don’t                                               like most carnivores, cannot          validated their formula and pre-
    66 “Sack Look” designer
                                            ___”
       Christian ___
                                         35 Neck backs
                                                                                                                     fully close their mouths to cre-      dictions derived therefrom.
    67 “___ Gay” (WWII B-29)                                                                                         ate suction, lap four times per             So, all you moms and dads
                                         36 Company with a crocodile
    Down                                                                                                             second at a speed of about 3 feet     who read this column, if you
                                            logo
     1 Election day hrs. in Little                                                                                   per second.                           were thinking of doing this for
                                         37 Start to phone?
       Rock                                                                                                               It took more than the pho-       your kid’s next science fair proj-
                                         38 ‘60s vocalist Vikki ___
     2 Have a payment due
     3 Sign on a bathroom door
                                         39 Neeson of “Love Actually”                                                tos, though, to show what was         ect, forget it! It’s been done.
                                         40 ___ May Clampett                                                         happening.                                  Vic Fleming is a district court
     4 Words that replaced “Book
                                         43 Means of entry                                                                When my dog Maggie is            judge in Little Rock, Arkansas,
    Victor Fleming’s puzzles have appeared in many publications,                                                     thirsty, she makes a lot of           where he also teaches at the William
    including the New York Times and Games Magazine.                                                                 noise lapping water from her          H. Bowen School of Law. Contact
                                                                                                                     bowl. Thanks to Stocker, et al,       him at vicfleming@att.net. v
HAMILTON COUNTY HERALD                                                       www.hamiltoncountyherald.com                                        Friday, December 3, 2010                      7



                                                                             Diversions
                             River City
                            Roundabout
                                       B y E r i c a Tu g g l e


         The Piano Men                 John’s bus arrived in town, as the
     Music is a rapidly evolving       tickets for the event sold out in
life form, and brings with it a        only four hours.
bevy of changing sounds, fash-              As if John and his array of
ion styles and sometimes “what         one-of-a-kind fashion numbers
was I thinking?” moments upon          wasn’t enough of a draw for the
looking back at a previous era         crowd, Leon Russell also joined
of musical influence. While it’s       this show as an opening act and
uncertain now if Justin Bieber         a duet partner for several num-
will rack up as many awards in         bers the pair played off their
20 years as he does these days,        album, “The Union.” These two
the musical world knows that           piano players were sure hitting
some artists will consistently         all the right notes and appeal-
provide the goods year after year      ing to the massive audience that
no matter what hair “do’s” are         included all ages of John and
happening at the time.                 Russell fans.
     Elton John is undoubtedly              Russell has played in the
an artist that is well loved both      spotlight for over 50 years, and      Elton John played to a packed house at the McKenzie Arena show on Nov. 19. Tickets for this show in his
here and across the pond and           began playing the piano when          Greatest Hits Tour sold out in only four hours, and featured opening and duet numbers with Leon Russell. (Erica
brings to the table a catalog of       he was only four years old. His       Tuggle)
hits that keep our love strong         sounds have ranged from pop,
for this wildly bespectacled           rock, blues, country, bluegrass       Franklin and so many more.            tion of listeners.                     the acoustics right in such a
music legend. Who knew that            and gospel, and he has worn                Russell proved that despite           After this stop, John and         large auditorium. As such, I felt
an artist of such world renown         the various hats of producer,         his long white hair and the cane      Russell played only two more           that Russell’s lyrics came out a
would decide to make a stop in         singer, songwriter, pianist, gui-     he used to assist his walk across     shows together for this leg of         bit garbled, and true fans would
Chattanooga?                           tarist, record company owner,         the stage, he still had the magic     John’s tour in America. Together       benefit from hearing the album
     Yet, John did just this with a    bandleader and touring musi-          fingers that could dance up and       the pair of piano gurus played         in its entirety from the studio
one-night performance of all his       cian. He’s also played alongside      down the keys to produce the          many songs off their album             recording before they decide if
greatest hits in a sold-out show at    some of the biggest names in          sweet sounds we identify his          including, my favorite, “Monkey        the John and Russell duets are
the McKenzie arena. The hype           the business from Edgar Winter,       music with. Also with Russell’s       Suit.” The only problem with           for them.
for the show was swelling out          Eric Clapton, Bob Dylan, B.B.         performance here he introduced        shows that feature pianos is that
upon Chattanooga long before           King, Steve Winwood, Aretha           himself to a whole new genera-        it is sometimes difficult to get                    Continued on page 10




                                 The
                               Bookworm
                                By Terri Schlichenmeyer

      “Dharma Road”
     By Brian Haycock
   $16.95 / $19.95 Canada
         241 pages

      The roads are filled with
idiots.
      People cut you off all the
time, as if your car is invisible.
They drive too slow or too fast,
cruise along leisurely in the left
lane, and don’t use turn signals.
Tailgating is common, as is the
tendency to brake hard for no
apparent reason, running red
lights, sitting at green lights and
turning illegally.
      So how can you remain
calm, keep your fingers together
(ahem), and avoid road rage?           nothing last forever – two tenets
Why not take a page from some-         that go hand-in-hand. Your suf-
one who makes his living in a          fering may be a minor annoyance
vehicle? Why not try what you’ll       or a major event – but in either
learn in “Dharma Road” by Brian        case, it won’t last. The way to end
Haycock?                               suffering is to relinquish attach-
      The weeks following a job        ments to impermanent things,
loss are scary ones, and Brian         and since nothing lasts forever,
Haycock was getting desperate.         everything is impermanent. That
Willing to do anything to pay          includes the red light that never
the bills, he took a job as a          seems to turn green.
taxi driver and learned – to his            Practicing Zen can keep your
surprise – that he thoroughly          blood pressure down by teaching
enjoyed the work.                      you to be patient with fellow
      Haycock, you see, practices      drivers and everyone you meet
Zen Buddhism, which he says            during your day. Haycock writes
helped him in his job. Zen, he         about some of his more challeng-
says, is “simple”. At its core, it’s   ing fares, including the business-
a “program of morality, medita-        man who mocked Haycock and
tion, and mindfulness” that can        instantly received bad Karma,
help you see the world as it truly     and the inevitable visitor who
is. It’s easy to do but takes prac-    complains about the weather.
tice and “[y]ou get out of it what     Zen, he says, helped him deal
you put in.”                           with both.
      Buddha’s first teachings are
that life is suffering and that                      Continued on page 10
8             Friday, December 3, 2010                                                                    www.hamiltoncountyherald.com                                                           HAMILTON COUNTY HERALD


                  Hamilton County
                  puBlIc notIces
         NON-RESIDENT NOTICE                                                                              EUGENE CALLAHAM and the case will be                 CLERK OF GENERAL SESSIONS                            HCH4T-11/19,11/26,12/3,12/10/10
          STATE OF TENNESSEE,                        IT IS ORDERED that publication be made for           set for hearing ex parte or without EUGENE
         COUNTY OF HAMILTON                          four successive weeks in the Hamilton County         CALLAHAM presence.                                   ATTORNEY FOR PLAINTIFF                                        STATE OF TENNESSEE
                                                     Herald, a newspaper published in Hamilton                                                                 MAYFIELD AND LESTER                                          ORDER OF PUBLICATION
KADIC SEAD                                           County, Tennessee, notifying said non-resident       This 15th day of November, 2010.                     P.O. BOX 789
                                                     that unless MEENAKSHI SHARMA answers                                                                      CHATTANOOGA, TN 37402                                BIG HEARTED SMITTY’S
VS DOCKET NO. 10D2182                                and makes defense to said complaint in the           PAULA T. THOMPSON,                                   HCH4T-11/26,12/3,12/10,12/17/10                      PLAINTIFF
                                                     offices of the Circuit Court Clerk of Hamilton       CIRCUIT COURT CLERK
DZEHVA LATIC                                         County, Tennessee, within thirty (30) days                                                                         NON-RESIDENT NOTICE                         Docket Number: 03GS3177
                                                     after the fourth weekly publication of this          ATTORNEY FOR PLAINTIFF                                         STATE OF TENNESSEE,
It appearing from allegations in Plaintiff’s Bill,   order, the same will be taken as admitted by         PRO SE                                                        COUNTY OF HAMILTON                          TUCKER, MARVIN
which is sworn to, that the defendant is a non-      MEENAKSHI SHARMA and the case will be                HCH4T-11/26,12/3,12/10,12/17/10                                                                           DEFENDANT
resident of the State of Tennessee, so that the      set for hearing ex parte or without MEEN-                                                                 EASON, KAREN W.
ordinary process of law cannot be served upon        AKSHI SHARMA presence.                                        NON-RESIDENT NOTICE                                                                              Date of This Order: NOVEMBER 5th, 2010
DZEHVA LATIC.                                                                                                       STATE OF TENNESSEE,                        VS DOCKET NO. 10D334
                                                     This 23rd day of November, 2010.                              COUNTY OF HAMILTON                                                                               Appearance Date: JANUARY 3rd, 2011 at
IT IS ORDERED that publication be made for                                                                                                                     EASON, FRANK                                         11:00 a.m.
four successive weeks in the Hamilton County         PAULA T. THOMPSON,                                   COURTNEY ALLISON FONTANA
Herald, a newspaper published in Hamilton            CIRCUIT COURT CLERK                                                                                       It appearing from allegations in Plaintiff’s Bill,   Appearance Address: Court of General Ses-
County, Tennessee, notifying said non-resident                                                            VS DOCKET NO. 10D2151                                which is sworn to, that the defendant is a non-      sions, Civil Division, Room 111 Hamilton
that unless DZEHVA LATIC answers and                 ATTORNEY FOR PLAINTIFF                                                                                    resident of the State of Tennessee, so that the      County City Courts Building, 600 Market
makes defense to said complaint in the offices       JESSE DALTON WALKER                                  FRANCIS JOHN JR. FONTANA                             ordinary process of law cannot be served upon        Street, Chattanooga, TN 37402-1911
of the Circuit Court Clerk of Hamilton County,       707 GEORGIA AVE., STE. 200                                                                                FRANK EASON.
Tennessee, within thirty (30) days after the         CHATTANOOGA, TN 37402                                It appearing from allegations in Plaintiff’s Bill,                                                        It appearing from the record in this cause that
fourth weekly publication of this order, the         HCH4T-12/3,12/10,12/17,12/24/10                      which is sworn to, that the defendant is a non-      IT IS ORDERED that publication be made for           the defendant is a non-resident of Tennes-
same will be taken as admitted by DZEHVA                                                                  resident of the State of Tennessee, so that the      four successive weeks in the Hamilton County         see, and certain property or money has been
LATIC and the case will be set for hearing ex                 NON-RESIDENT NOTICE                         ordinary process of law cannot be served upon        Herald, a newspaper published in Hamilton            attached.
parte or without DZEHVA LATIC presence.                        STATE OF TENNESSEE,                        FRANCIS FONTANA JR..                                 County, Tennessee, notifying said non-resident
                                                              COUNTY OF HAMILTON                                                                               that unless FRANK EASON answers and                  One or more civil warrants have issued but re-
This 19th day of November, 2010.                                                                          IT IS ORDERED that publication be made for           makes defense to said complaint in the offices       turned unserved, and an attachment issued and
                                                     COURTNEY MARIE HOWELL                                four successive weeks in the Hamilton County         of the Circuit Court Clerk of Hamilton County,       was levied upon certain property or money.
PAULA T. THOMPSON,                                                                                        Herald, a newspaper published in Hamilton            Tennessee, within thirty (30) days after the
CIRCUIT COURT CLERK                                  VS DOCKET NO. 10D2128                                County, Tennessee, notifying said non-resident       fourth weekly publication of this order, the         IT IS ORDERED that publication be made
                                                                                                          that unless FRANCIS FONTANA JR. answers              same will be taken as admitted by FRANK              requiring the defendant to appear at the time
ATTORNEY FOR PLAINTIFF                               DUSTIN WAYNE HOWELL                                  and makes defense to said complaint in the           EASON and the case will be set for hearing ex        and place stated above and defend this suit, or
PRO SE                                                                                                    offices of the Circuit Court Clerk of Hamilton       parte or without FRANK EASON presence.               a judgment by default may be entered against
HCH4T-12/3,12/10,12/17,12/24/10                      It appearing from allegations in Plaintiff’s Bill,   County, Tennessee, within thirty (30) days                                                                him. This Order shall be published in a news-
                                                     which is sworn to, that the defendant is a non-      after the fourth weekly publication of this          This 12th day of November, 2010.                     paper by this County as required by law.
         NON-RESIDENT NOTICE                         resident of the State of Tennessee, so that the      order, the same will be taken as admitted by
          STATE OF TENNESSEE,                        ordinary process of law cannot be served upon        FRANCIS FONTANA JR. and the case will be             PAULA T. THOMPSON,                                   PAULA T. THOMPSON
         COUNTY OF HAMILTON                          DUSTIN HOWELL.                                       set for hearing ex parte or without FRANCIS          CIRCUIT COURT CLERK                                  CLERK OF GENERAL SESSIONS
                                                                                                          FONTANA JR. presence.
ROBERT LOUIS RICE                                    IT IS ORDERED that publication be made for                                                                ATTORNEY FOR PLAINTIFF                               ATTORNEY FOR PLAINTIFF
                                                     four successive weeks in the Hamilton County         This 17th day of November, 2010.                     RICHARD BRENT TEETER                                 MAYFIELD AND LESTER
VS DOCKET NO. 10D2202                                Herald, a newspaper published in Hamilton                                                                 WILLARD BLDG #400                                    PO BOX 789
                                                     County, Tennessee, notifying said non-resident       PAULA T. THOMPSON,                                   615 LINDSAY ST                                       CHATTANOOGA, TN 37402
EVON SHELBY RICE                                     that unless DUSTIN HOWELL answers and                CIRCUIT COURT CLERK                                  CHATTANOOGA, TN 37403                                HCH4T-11/19,11/26,12/3,12/10/10
                                                     makes defense to said complaint in the offices                                                            HCH4T-11/19,11/26,12/3,12/10/10
It appearing from allegations in Plaintiff’s Bill,   of the Circuit Court Clerk of Hamilton County,       ATTORNEY FOR PLAINTIFF                                                                                             STATE OF TENNESSEE
which is sworn to, that the defendant is a non-      Tennessee, within thirty (30) days after the         RICHARD BRENT TEETER                                          NON-RESIDENT NOTICE                                 ORDER OF PUBLICATION
resident of the State of Tennessee, so that the      fourth weekly publication of this order, the         WILLARD BLDG. #400                                             STATE OF TENNESSEE,
ordinary process of law cannot be served upon        same will be taken as admitted by DUSTIN             615 LINDSAY ST.                                               COUNTY OF HAMILTON                          ERLANGER MEDICAL CENTER
EVON RICE.                                           HOWELL and the case will be set for hear-            CHATTANOOGA, TN 37403                                                                                     PLAINTIFF
                                                     ing ex parte or without DUSTIN HOWELL                HCH4T-11/26,12/3,12/10,12/17/10                      ANGELA SMITH JOHNSON
IT IS ORDERED that publication be made for           presence.                                                                                                                                                      Docket Number: 07GS5634
four successive weeks in the Hamilton County                                                                       NON-RESIDENT NOTICE                         VS DOCKET NO. 10D1813
Herald, a newspaper published in Hamilton            This 15th day of November, 2010.                               STATE OF TENNESSEE,                                                                             TANNER, PAMELA R
County, Tennessee, notifying said non-resident                                                                     COUNTY OF HAMILTON                          CALVIN LEBRON JOHNSON                                DEFENDANT
that unless EVON RICE answers and makes              PAULA T. THOMPSON,
defense to said complaint in the offices of the      CIRCUIT COURT CLERK                                  SHANNON NOELLE COLLINS                               It appearing from allegations in Plaintiff’s Bill,   Date of This Order: NOVEMBER 5th, 2010
Circuit Court Clerk of Hamilton County, Ten-                                                                                                                   which is sworn to, that the defendant is a non-
nessee, within thirty (30) days after the fourth     ATTORNEY FOR PLAINTIFF                               VS DOCKET NO. 10D2153                                resident of the State of Tennessee, so that the      Appearance Date: JANUARY 3rd, 2011 at
weekly publication of this order, the same will      RICHARD BRENT TEETER                                                                                      ordinary process of law cannot be served upon        11:00 a.m.
be taken as admitted by EVON RICE and the            WILLARD BLDG #400                                    RICHARD DANIEL COLLINS                               CALVIN LEBRON JOHNSON.
case will be set for hearing ex parte or without     615 LINDSAY ST.                                                                                                                                                Appearance Address: Court of General Ses-
EVON RICE presence.                                  CHATTANOOGA, TN 37403                                It appearing from allegations in Plaintiff’s Bill,   IT IS ORDERED that publication be made for           sions, Civil Division, Room 111 Hamilton
                                                     HCH4T-11/26,12/3,12/10,12/17/10                      which is sworn to, that the defendant is a non-      four successive weeks in the Hamilton County         County City Courts Building, 600 Market
This 23rd day of November, 2010.                                                                          resident of the State of Tennessee, so that the      Herald, a newspaper published in Hamilton            Street, Chattanooga, TN 37402-1911
                                                              NON-RESIDENT NOTICE                         ordinary process of law cannot be served upon        County, Tennessee, notifying said non-resident
PAULA T. THOMPSON,                                             STATE OF TENNESSEE,                        RICHARD COLLINS.                                     that unless CALVIN LEBRON JOHNSON                    It appearing from the record in this cause that
CIRCUIT COURT CLERK                                           COUNTY OF HAMILTON                                                                               answers and makes defense to said complaint          the defendant is a non-resident of Tennes-
                                                                                                          IT IS ORDERED that publication be made for           in the offices of the Circuit Court Clerk of         see, and certain property or money has been
ATTORNEY FOR PLAINTIFF                               PATRICIA A. RAGLAND GUY                              four successive weeks in the Hamilton County         Hamilton County, Tennessee, within thirty (30)       attached.
RICHARD BRENT TEETER                                                                                      Herald, a newspaper published in Hamilton            days after the fourth weekly publication of
WILLARD BLDG #400                                    VS DOCKET NO. 10D2130                                County, Tennessee, notifying said non-resident       this order, the same will be taken as admitted       One or more civil warrants have issued but re-
615 LINDSAY ST.                                                                                           that unless RICHARD COLLINS answers and              by CALVIN LEBRON JOHNSON and the                     turned unserved, and an attachment issued and
CHATTANOOGA, TN 37403                                DUANE GUY                                            makes defense to said complaint in the offices       case will be set for hearing ex parte or without     was levied upon certain property or money.
HCH4T-12/3,12/10,12/17,12/24/10                                                                           of the Circuit Court Clerk of Hamilton County,       CALVIN LEBRON JOHNSON presence.
                                                     It appearing from allegations in Plaintiff’s Bill,   Tennessee, within thirty (30) days after the                                                              IT IS ORDERED that publication be made
         NON-RESIDENT NOTICE                         which is sworn to, that the defendant is a non-      fourth weekly publication of this order, the         This 9th day of November, 2010.                      requiring the defendant to appear at the time
          STATE OF TENNESSEE,                        resident of the State of Tennessee, so that the      same will be taken as admitted by RICHARD                                                                 and place stated above and defend this suit, or
         COUNTY OF HAMILTON                          ordinary process of law cannot be served upon        COLLINS and the case will be set for hearing         PAULA T. THOMPSON,                                   a judgment by default may be entered against
                                                     DUANE GUY.                                           ex parte or without RICHARD COLLINS                  CIRCUIT COURT CLERK                                  him. This Order shall be published in a news-
LONG, WANDA MARIE                                                                                         presence.                                                                                                 paper by this County as required by law.
                                                     IT IS ORDERED that publication be made for                                                                ATTORNEY FOR PLAINTIFF
VS DOCKET NO. 10D1460                                four successive weeks in the Hamilton County         This 17th day of November, 2010.                     RICHARD BRENT TEETER                                 PAULA T. THOMPSON
                                                     Herald, a newspaper published in Hamilton                                                                 WILLARD BLDG #400                                    CLERK OF GENERAL SESSIONS
LONG, GLENDEL LEE                                    County, Tennessee, notifying said non-resident       PAULA T. THOMPSON,                                   615 LINDSAY ST
                                                     that unless DUANE GUY answers and makes              CIRCUIT COURT CLERK                                  CHATTANOOGA, TN 37403                                ATTORNEY FOR PLAINTIFF
It appearing from allegations in Plaintiff’s Bill,   defense to said complaint in the offices of the                                                           HCH4T-11/19,11/26,12/3,12/10/10                      MAYFIELD AND LESTER
which is sworn to, that the defendant is a non-      Circuit Court Clerk of Hamilton County, Ten-         ATTORNEY FOR PLAINTIFF                                                                                    PO BOX 789
resident of the State of Tennessee, so that the      nessee, within thirty (30) days after the fourth     RICHARD BRENT TEETER                                          STATE OF TENNESSEE                          CHATTANOOGA, TN 37402
ordinary process of law cannot be served upon        weekly publication of this order, the same will      WILLARD BLDG. #400                                           ORDER OF PUBLICATION                         HCH4T-11/19,11/26,12/3,12/10/10
GLENDEL LONG.                                        be taken as admitted by DUANE GUY and the            615 LINDSAY ST.
                                                     case will be set for hearing ex parte or without     CHATTANOOGA, TN 37403                                WORLD FINANCE CORPORATION                                     NON-RESIDENT NOTICE
IT IS ORDERED that publication be made for           DUANE GUY presence.                                  HCH4T-11/26,12/3,12/10,12/17/10                      PLAINTIFF                                                      STATE OF TENNESSEE,
four successive weeks in the Hamilton County                                                                                                                                                                                 COUNTY OF HAMILTON
Herald, a newspaper published in Hamilton            This 15th day of November, 2010.                              STATE OF TENNESSEE                          Docket Number: 08GS8018
County, Tennessee, notifying said non-resident                                                                    ORDER OF PUBLICATION                                                                              SHARON DENISE HAWKINS
that unless GLENDEL LONG answers and                 PAULA T. THOMPSON,                                                                                        JACKSON, DESHA N
makes defense to said complaint in the offices       CIRCUIT COURT CLERK                                  SERVICE FINANCE COMPANY                              DEFENDANT                                            VS DOCKET NO. 10D2053
of the Circuit Court Clerk of Hamilton County,                                                            PLAINTIFF
Tennessee, within thirty (30) days after the         ATTORNEY FOR PLAINTIFF                                                                                    Date of This Order: NOVEMBER 5th, 2010               FRANKLIN DELON HAWKINS
fourth weekly publication of this order, the         RICHARD BRENT TEETER                                 Docket Number: 05GS4657
same will be taken as admitted by GLENDEL            WILLARD BLDG #400                                                                                         Appearance Date: JANUARY 3rd, 2011 at                It appearing from allegations in Plaintiff’s Bill,
LONG and the case will be set for hearing ex         615 LINDSAY ST.                                      BARRETT, CHRISTINA DAWN                              11:00 a.m.                                           which is sworn to, that the defendant is a non-
parte or without GLENDEL LONG presence.              CHATTANOOGA, TN 37403                                DEFENDANT                                                                                                 resident of the State of Tennessee, so that the
                                                     HCH4T-11/26,12/3,12/10,12/17/10                                                                           Appearance Address: Court of General Ses-            ordinary process of law cannot be served upon
This 23rd day of November, 2010.                                                                          Date of This Order: NOVEMBER 12, 2010                sions, Civil Division, Room 111 Hamilton             FRANKLIN HAWKINS.
                                                              NON-RESIDENT NOTICE                                                                              County City Courts Building, 600 Market
PAULA T. THOMPSON,                                             STATE OF TENNESSEE,                        Appearance Date: JANUARY 10, 2011 at                 Street, Chattanooga, TN 37402-1911                   IT IS ORDERED that publication be made for
CIRCUIT COURT CLERK                                           COUNTY OF HAMILTON                          11:00 a.m.                                                                                                four successive weeks in the Hamilton County
                                                                                                                                                               It appearing from the record in this cause that      Herald, a newspaper published in Hamilton
ATTORNEY FOR PLAINTIFF                               TEQUELA SHANEE GRANVILLE                             Appearance Address: Court of General Ses-            the defendant is a non-resident of Tennes-           County, Tennessee, notifying said non-resident
RICHARD BRENT TEETER                                                                                      sions, Civil Division, Room 111 Hamilton             see, and certain property or money has been          that unless FRANKLIN HAWKINS answers
WILLARD BLDG #400                                    VS DOCKET NO. 10D2125                                County City Courts Building, 600 Market              attached.                                            and makes defense to said complaint in the
615 LINDSAY ST.                                                                                           Street, Chattanooga, TN 37402-1911                                                                        offices of the Circuit Court Clerk of Hamilton
CHATTANOOGA, TN 37403                                EUGENE JR. CALLAHAM                                                                                       One or more civil warrants have issued but re-       County, Tennessee, within thirty (30) days
HCH4T-12/3,12/10,12/17,12/24/10                                                                           It appearing from the record in this cause that      turned unserved, and an attachment issued and        after the fourth weekly publication of this
                                                     It appearing from allegations in Plaintiff’s Bill,   the defendant is a non-resident of Tennes-           was levied upon certain property or money.           order, the same will be taken as admitted by
         NON-RESIDENT NOTICE                         which is sworn to, that the defendant is a non-      see, and certain property or money has been                                                               FRANKLIN HAWKINS and the case will be
          STATE OF TENNESSEE,                        resident of the State of Tennessee, so that the      attached.                                            IT IS ORDERED that publication be made               set for hearing ex parte or without FRANKLIN
         COUNTY OF HAMILTON                          ordinary process of law cannot be served upon                                                             requiring the defendant to appear at the time        HAWKINS presence.
                                                     EUGENE CALLAHAM.                                     One or more civil warrants have issued but re-       and place stated above and defend this suit, or
RAJAT SHARMA                                                                                              turned unserved, and an attachment issued and        a judgment by default may be entered against         This 2nd day of November, 2010.
                                                     IT IS ORDERED that publication be made for           was levied upon certain property or money.           him. This Order shall be published in a news-
VS DOCKET NO. 10D2206                                four successive weeks in the Hamilton County                                                              paper by this County as required by law.             PAULA T. THOMPSON,
                                                     Herald, a newspaper published in Hamilton            IT IS ORDERED that publication be made                                                                    CIRCUIT COURT CLERK
MEENAKSHI SHARMA                                     County, Tennessee, notifying said non-resident       requiring the defendant to appear at the time        PAULA T. THOMPSON
                                                     that unless EUGENE CALLAHAM answers                  and place stated above and defend this suit, or      CLERK OF GENERAL SESSIONS                            ATTORNEY FOR PLAINTIFF
It appearing from allegations in Plaintiff’s Bill,   and makes defense to said complaint in the           a judgment by default may be entered against                                                              RICHARD BRENT TEETER
which is sworn to, that the defendant is a non-      offices of the Circuit Court Clerk of Hamilton       him. This Order shall be published in a news-        ATTORNEY FOR PLAINTIFF                               WILLARD BLDG #400
resident of the State of Tennessee, so that the      County, Tennessee, within thirty (30) days           paper by this County as required by law.             MAYFIELD AND LESTER                                  615 LINDSAY ST
ordinary process of law cannot be served upon        after the fourth weekly publication of this                                                               PO BOX 789                                           CHATTANOOGA, TN 37403
MEENAKSHI SHARMA.                                    order, the same will be taken as admitted by         PAULA T. THOMPSON                                    CHATTANOOGA, TN 37402                                HCH4T-11/12,11/19,11/26,12/3/10 v
HAMILTON COUNTY HERALD                                                      www.hamiltoncountyherald.com                                     Friday, December 3, 2010                  9


Commentary: get off (and stay off) slippery slope of fee discounting
By Edward Poll                        client about “value” from the         Rules of Professional Conduct.       ethically guarantee a result;        planning impossible.
The Daily Record Newswire             perspective of business opera-        They should get other counsel,       doing so violates Rule of                 The fundamental idea of
                                      tions (budget, collections, profit,   and the firm will seek to enforce    Professional Conduct 7.1’s pro-      a flat fee is that the firm offer-
      Lawyers should resist dis-      loss, etc.)                           collection of all billed fees out-   hibition of false or misleading      ing it is willing to treat clients
counting their fees, particularly          Most clients are willing to      standing.                            communication.                       fairly when clients reciprocate.
if the client has already agreed      pay a fair fee for value. What             • Accept the discount                However, lawyers can guar-      In other words, the quid pro quo
to pay the full amount in the         they do not want is to pay for        process and admit that means         antee a certain degree of effort.    for a flat fee is a guarantee with
engagement agreement. Clients         inefficiencies, duplications or       accepting less than 100 percent,     Assert, as do a number of firms      payment up front, such that the
who argue about overbilling           unnecessary services. The cost        then compensate by raising the       nationally, that if you do not       payment will not be subject to a
often just want a discounted          of legal services will not be seen    fee/rate either higher or sooner     perform to the client’s satisfac-    discounting request. It makes no
bill.                                 as excessive when the client and      than other firms.                    tion you will resolve the issue      sense to do business with a client
      Such tactics are quite popu-    lawyer act as a team and cre-              Other, more strategic alter-    even if it means reducing your       who will not agree to do that.
lar with clients at the end of        ate a budget for future services.     natives are available to address     legal fee to what the client              At what point do you decide
the calendar year. They agree to      The parties generally find that       a discounting request – none as      thinks it is worth. Giving clients   that your bill is what it is, with-
pay their large bills in order to     each one will assume certain          good as enforcing a signed agree-    such an opportunity generally        out feeling the need to be defen-
wrangle discounts because the         risks and that the costs will be      ment, but all better than an ad      means that it will rarely be used,   sive about it or to discount it?
remuneration system for partners      acceptable.                           hoc response:                        in effect acting as a deterrent      No matter what the economic
is based on how much has been              Even in this dynamic, how-            • Take value/services off       against a discounting request.       conditions, that question goes to
collected by the year’s end. Any      ever, there will be clients who       the table in order to deliver             • Use alternative bill-         the heart of what it means to be
bills collected in January do not     think, “I’m not going to pay in       a lower price to the client. In      ing methods when appropriate,        a lawyer. Our objective should
count toward lawyer compen-           full now; I’ll wait until the end     effect, when the client wants a      such as a flat-fee arrangement in    be to provide and account for
sation for another 11 months.         of the year when I know I’ll          reduced price, unbundle the ser-     which the billing rate is deter-     our service in such a way that
Knowing that, some clients            receive a discount.”                  vices to accomplish that objec-      mined and stipulated in the          clients understand and accept its
attempt to discount their fees on          Here are a few tactics to        tive. For example, if returning      engagement letter, before the        value as well as its cost.
every matter.                         combat that mindset:                  phone calls within two hours         assignment even begins. It will           Make sure the client knows
      Worse is when law firms              • Offer a discount imme-         are part of your regular hourly      not vary no matter how much          you have the skill and experi-
themselves propose the dis-           diately to get outstanding bills      rate, take that response time        time the lawyer expends or what      ence to justify your fee and that
count. A firm often will offer        paid, emphasizing that there will     off the table and tell the client    the result may be.                   it is competitive with others
some type of discount for repeat      be no more discounting come           that your response time will be           Flat fees are especially use-   in your geographic and practice
clients with significant billings     December – or any other month         24 or 48 hours. The point will       ful for routine legal services and   areas.
in its year-end push to collect       – irrespective of the firm’s fail-    be clear: You’re not giving a        encourage the use of technology           Above all, communicate
fees. Even clients with a signed      ure to enforce that policy in the     discount; you’re changing the        to streamline the provision of       regularly with your clients. Don’t
fee agreement soon decide not         past. Get full acknowledgement        value composition of what the        those services. It should go with-   wait for them to ask you to
to pay without a discount.            of both the discount acceptance       client is buying.                    out saying that a volume discount    discount fees; continually dem-
      Any fee ultimately can be       and the future adherence to the            • Give clients the “power       at a flat fee should be based on a   onstrate to clients what you’ve
justified if it reflects the cost     fee agreement.                        of the pen” by guaranteeing they     prospective, rather than a ret-      done for them. That helps cli-
structure behind it and if the             • Tell clients that unless       will be satisfied with the service   rospective, guarantee of work        ents see the effort made on their
client accepts the value that the     they honor the agreement that         they receive and inviting them       – or, even worse, on a possibility   behalf and should make them
fee represents. Value is ultimate-    they accepted and signed, the         to write down their bills if they    of work. Anything other than         less likely to request, or even
ly determined by the client, but      firm will discontinue working         are not satisfied.                   a prospective arrangement fails      to consider, that you cut your
the attorney must educate the         for them under Rule 1.16 of the            Of course, no lawyer can        to offer any security and makes      fees. v

Commentary: The law and ethics of ‘pretexting’ require a closer look
By W. William Hodes                         Some forms of pretex-           with the right profiles play the       Applying the rules of ethics       the high stakes for Hurley’s cli-
The Daily Record Newswire             ting are completely illegal and       part of the would-be renters?              Proper application of the      ent, the influence of the Sixth
                                      carry hefty criminal penalties.            The caselaw and ethics          ethical rules to pretexting          Amendment and the fact that in
     In today’s parlance, “pre-       Typically, these illegal actions      opinions are badly split, depend-    requires a highly nuanced con-       Wisconsin, at least, prosecutor
texting” means employing some         involve unauthorized access to        ing on the jurisdiction and the      sideration of the entire situation   participation in similar police
kind of ruse or deception to          tax or Social Security informa-       specific facts, but the weight       (including the available alter-      stings had long been the norm.
obtain information or to achieve      tion, as well as police, telephone,   of recent authority answers in       natives). Two recent examples              In Formal Opinion 2010-2,
a desired result.                     financial, medical or other per-      the negative. The most com-          provide a good contrast.             the New York City Bar went
     Opportunities for pretexting     sonal records that implicate seri-    mon rationale characterizes even           Madison, Wis., lawyer          to the other end of spectrum
appear in law practice with great     ous privacy concerns or create a      legal forms of pretexting as “con-   Stephen Hurley was representing      and beyond. That opinion stated
regularity and across a broad         great danger of identity theft.       duct involving dishonesty, fraud,    a man charged with introducing       that it was an improper decep-
array of practice settings. One             It should go without saying     deceit or misrepresentation,” and    a minor to pornographic materi-      tion for a lawyer or his agent
of the first cases I studied in law   that lawyers may not engage in        thus in violation of Model Rule      als. Hurley suspected that the       to use a phony name and pro-
school, for example, involved         these forms of pretexting, nor        8.4(c) and its state counterparts.   child was not telling the truth      file on social networks such as
hand-to-hand service of process       permit non-lawyer assistants,              It helps the argument to        and had visited pornographic         Facebook, in order to induce
on a defendant who was enticed        such as investigators or forensic     remember that Rule 8.4(c) is         Web sites on his own before          an unrepresented party to agree
into the jurisdiction by a written    accountants, to take this kind        well understood to apply to law-     meeting the defendant.               to provide access to otherwise
invitation to attend a non-exis-      of illegal action on their behalf.    yer conduct outside of litigation          Fearing that asking for or     shielded information.
tent high school football team        Lawyers should be zealous advo-       and even outside of representa-      subpoenaing the child’s comput-            That seems disconnected
reunion banquet.                      cates for their clients, but always   tion of clients in non-adversarial   er would result in a quick scrub-    from the real world of online
     Other examples are not           within the bounds of law.             matters -and that it contains no     bing, Hurley and his investigator    networking and even a little
hard to find. An intellectual               But what about pretexting       exceptions.                          devised a fake “promotion” in        silly, especially in light of the
property law firm planning a suit     that is not illegal? If undercover         On the other hand, too          which young computer owners          bar’s willingness to permit law-
to halt the sale of counterfeit       police officers making drug buys      absolutist a position undercuts      would be given a new laptop          yers to use their real names,
brand name luggage may hire a         and police sting operators rou-       the argument against otherwise       to use without charge for 90         but without stating their true
“shopper” to appear during the        tinely pretend to be what they        legal pretexting by trivializing     days, while their existing com-      purpose in obtaining the infor-
target defendant’s business hours     are not in order to ferret out        it. Some lawyers play poker in       puters would be “held in storage”    mation. If a user is willing to
and pretend to be interested in       crime, shouldn’t the prosecutor       their spare time, for example,       and returned at the end of the       provide access to strangers gen-
the “best” brands at the lowest       be directly involved, so that the     and have been known to bluff         trial period. Naturally, only one    erally, what unfairness is there
prices.                               evidence gathered can be pre-         – which is misdirection and          computer exchange was actually       if the stranger happens to be a
     A personal injury lawyer         sented most effectively?              deceit. Some lawyers engage in       offered, and the young accuser       lawyer?
may purchase a product (such                If a civil rights organiza-     elaborate “tooth fairy” rituals in   (in the presence of his mother)            These examples and many
as a lawnmower) that injured          tion sends “testers” to see which     their families, thus misrepresent-   accepted.                            more like them demonstrate,
his client and call the manufac-      landlords will refuse to rent         ing the facts and deceiving their          In a 2009 opinion, the         unfortunately, that no newspa-
turer’s helpline to ask about the     apartments to which people, in        own children.                        Wisconsin Supreme Court              per column or ethics advice hot-
availability of safety features for   violation of fair housing laws,            Yet because the Rules of        found Hurley innocent of any         line can provide reliable answers
his “new machine.”                    shouldn’t the organization’s          Professional Conduct are “rules of   ethical violations on account of     to pretexting issues that may
     Or an employment firm may        lawyers be heavily involved,          reason,” no court or disciplinary    the sting operation. (Office of      arise in practice. Each case must
set up a fake “job interview” to      for the same reason? Indeed,          authority would consider applying    Lawyer Regulation v. Hurley,         be considered individually and
see how a job discrimination          because lawyers are trained to        the “no exceptions” Rule 8.4(c)      No. 2007AP478-D (Feb. 11,            researched just like the legal
plaintiff actually functions in the   observe carefully, wouldn’t the       to these and similar instances of    2009).)                              question that it is, depending on
business world.                       best approach be to have lawyers      everyday “dishonesty.”                     That seems sound, given        the jurisdiction. v



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10       Friday, December 3, 2010                                          www.hamiltoncountyherald.com                                 HAMILTON COUNTY HERALD


AT&T U. S. Supreme Court case could put end to class actions
By David Frank and Kimberly Atkins   can do is arbitrate the individual    the Court might do,” she said.       discrimination cases.                       Although the FAA has
The Daily Record Newswire            consumer’s specific complaint,        “If they say states don’t have the        Discriminating against           a “savings clause” that allows
                                     it will become almost impos-          ability to strike these provisions              arbitration?               state courts to invalidate arbi-
     A dispute pending before        sible to create the kind of policy    down, there is nothing stop-              At oral arguments, AT&T’s        tration agreements on “grounds
the U.S. Supreme Court could         changes that you often see in         ping employers everywhere from       Washington D.C. lawyer,               as exist at law or in equity for
take away the ability of states      class action litigation,” she said.   instituting mandatory arbitra-       Andrew Pincus, claimed that           the revocation of any contract,”
court judges in Rhode Island         “That means there is going to         tion clauses that contain class      permitting states to invalidate       Pincus said the case at issue did
and across the country to inval-     be a lot less incentive for an        action waivers.”                     arbitration agreements for fail-      not fall into that exception.
idate arbitration agreements,        attorney to get involved.”                      Costly phone               ing to allow class action claims            “They have made up a spe-
according to several civil litiga-         As long as a judge finds that        The case involves a group       would essentially “require arbi-      cial rule that is targeted on a
tors familiar with the case.         the parties knowingly signed an       of customers, including plaintiffs   tration to be a carbon copy of        special kind of contract,” he
     In AT&T Mobility v.             agreement containing a clause         Vincent and Liza Concepcion,         litigation, precisely what the        said.
Concepcion, which was heard          agreeing not to bring a class         who allege that they received an     [Federal Arbitration] Act was               But the consumers’ lawyer,
on Nov. 9, the Court is being        action suit, Sullivan said she        offer to get a free phone if they    designed to prevent.”                 Deepak Gupta, a staff attorney at
asked to decide whether the          would be “shocked” if the U.S.        signed up for wireless service.           But Justice Antonin Scalia       Public Citizen Litigation Group
Federal Arbitration Act pre-         Supreme Court decided not to               The offer was fraudulent,       and other justices sought to find     in Washington, countered that
vents a state from striking down     enforce it.                           they argued, because the com-        a rule to determine just how far      contracts can be invalidated if
a class action waiver on uncon-            “This court has tended to       pany then charged sales tax on       states can go.                        provisions run afoul of public
scionability grounds.                be very respectful of contractual     the retail value of the phone.            “You say [an agreement]          policy. When the Conceptions
     Paul Bland, a staff attorney    rights and has consistently held           AT&T sought to force            has to shock the conscience,”         entered into the contract, they
with Public Justice, a national      that the right to contract is the     the plaintiffs to arbitrate the      Scalia said.                          didn’t realize how unfair it was,
organization which advocates         right to contract,” she said. “If     case under a mandatory arbitra-           “But if a state wants to         he said.
on behalf of consumers, said a       class action killing clauses are      tion provision that barred class     apply a lesser standard of uncon-           “They don’t know whether
decision for AT&T could “lit-        not enforceable, then the util-       actions.                             scionability, can we strike that      they will detect this fraud and
erally wipe out” 90 percent of       ity of arbitration agreements in           A U.S. District Court judge     down?”                                be able to come forward. And
class actions in the U.S.            general becomes tricky.”              found that the class action waiv-         “Absolutely, you can,”           so the question is: is that uncon-
     “What AT&T is going for               Ronald J. Resmini of            er was unconscionable under          Pincus said.                          scionable as to them?” Gupta
is huge,” Bland said. “There are     Providence, who has handled           state law and therefore unen-             When Pincus argued that          said.
some class action lawyers who        plaintiff class actions in Rhode      forceable. The judge also held       requiring class actions discrim-            “Why are they better off
think their whole practice is        Island, added that arbitration        that the Federal Arbitration         inates against arbitration and        with a class adjudication?”
going to disappear.”                 clauses like the one at issue in      Act did not preempt state law.       therefore violates the FAA,           Justice Samuel Alito asked.
     Patricia A. Sullivan, co-       AT&T are typically upheld if               The 9th U.S. Circuit Court      Justice Stephen Breyer won-                 “A class action incentivizes
chair of Edwards, Angell, Palmer     both parties receive some ben-        of Appeals agreed that the waiv-     dered why.                            lawyers and others to detect for
& Dodge’s Antitrust Practice         efit.                                 er was unconscionable under               “Class arbitration exists,”      this fraud,” Gupta replied. “It
Group in Providence, called the            “To the extent that two         state law.                           Breyer noted. “It’s not like hav-     makes it economically justifi-
case “extremely significant” and     people of sound mind are will-             Briefs filed by amici noted     ing a jury trial. You could have      able to come forward with these
noted that federal courts have       ing and able to enter into an         that the ruling could have an        it in arbitration. You can have       kinds of claims.”
aggressively enforced arbitra-       agreement, … courts don’t like        impact far beyond consumer           it in litigation….Where is the              A ruling from the Court is
tion clauses in recent years.        to get into the business of undo-     cases. Workplace groups assert-      discrimination?”                      expected later this term. v
     Sullivan, who typically         ing their contracts,” he said.        ed that it could affect mat-
represents clients seeking to              Shannon       Liss-Riordan,     ters involving large companies
enforce such provisions, said a      a Massachusetts lawyer who            whose employees may not have            River City                    Continued from page 7
ruling in AT&T’s favor would         represents class action plain-        the means to file individual dis-
make it much less appealing for                                                                                       Since John’s career began       like “Burn Down the Mission,”
                                     tiffs around the country, called      crimination suits. Civil rights                                            “Levon,” “Don’t Let the Sun Go
plaintiffs’ counsel to take on                                                                                  in 1969, he has played almost
                                     AT&T a “ticking time bomb.”           organizations argued that class                                            Down On Me,” and others.
such a case.                                                                                                    3,000 concerts worldwide, so it’s
                                           “From a plaintiffs’ lawyer’s    actions have historically been                                                   My only wish was that John
     “If the only thing a lawyer                                                                                no surprise he knew how to put
                                     perspective, it is quite scary what   used as a vehicle in a variety of                                          would have played my favorite
                                                                                                                on a classy and well-rounded
                                                                                                                show. John played all the songs       little ditty, “Crocodile Rock.”
                                                                                                                his fans were certainly clamor-       The show ran almost three
                                                                                                                ing for and this international        hours, though, so it would be
                                                                                                                singer/songwriter and performer       hard to complain of not getting
                                                                                                                for five decades wore a tradition-    one’s money’s worth in sheer
                                                                                                                ally “Elton John-esque” attire of     song volume.
                                                                                                                a long trench coat decorated                The band with John includ-
                                                                                                                with music notes and the spar-        ed Davey Johnstone on guitar,
                                                                                                                kly “Music Magic” title on the        Bob Birch on bass, John Mahon
                                                                                                                back.                                 on percussion, Nigel Olsson on
                                                                                                                                                      drums and Kim Bullard on key-
                                                                                                                      John is one of the top-sell-
                                                                                                                                                      boards, and all provided great
                                                                                                                ing solo artists of all time, with
                                                                                                                                                      backup for the songs and made
                                                                                                                35 gold and 25 platinum albums,
                                                                                                                                                      this a live performance not soon
                                                                                                                29 consecutive Top 40 hits and        to be repeated.
                                                                                                                more than 250 million records               With the massive turnout
                                                                                                                sold worldwide. He holds the          on this event like it was, the
                                                                                                                record for the biggest selling sin-   good news for the future of the
                                                                                                                gle of all time, “Candle in the       Chattanooga major concert
                                                                                                                Wind,” which sold 37 million          scene is that show bookers will
                                                                                                                copies.                               be keeping an eye on us and
                                                                                                                      At this performance, he         sending more spectacular acts
                                                                                                                played classic songs like “Benny      our way.
                                                                                                                and the Jets,” “Daniel” and an              Contact Erica Tuggle at
                                                                                                                extended dance worthy “Rocket         reporter@hamiltoncountyherald.
                                                                                                                Man,” as well a mix of earlier hits   com. v

                                                                                                                   Bookworm                    Continued from page 7
                                                                                                                     And speaking of com-             Zen followers embrace. While
                                                                                                                plaining, Haycock says that by        Haycock’s literary voice is
                                                                                                                practicing Zen, you’ll be more        calming and … well, Zen-like,
                                                                                                                optimistic, more appreciative,        readers will also appreciate see-
                                                                                                                and more attuned to the world         ing that Haycock is still only
                                                                                                                around you. You’ll learn to pay       human: this book holds more
                                                                                                                more attention to even the most       than one story of a fare’s Bad
                                                                                                                mundane activities. You’ll be         Karma, well-deserved.
                                                                                                                able to deal with adversity and            If you’re looking for humor-
                                                                                                                road rage from other travelers.       ous cabbie stories, though, this
                                                                                                                You’ll become a better driver.        isn’t your book. “Dharma Road”
                                                                                                                     Buddhism teaches its fol-        deserves contemplation. If you’re
                                                                                                                lowers, among other things, to        ready to leave road rage behind
                                                                                                                expect the unexpected. That’s         on your Path to Enlightenment,
                                                                                                                good here, because “Dharma            drive out and get this book first.
                                                                                                                Road” is like nothing you’ve ever          The Bookworm is Terri Schli-
                                                                                                                read before.                          chenmeyer. Terri has been read-
                                                                                                                     By weaving Zen teachings         ing since she was three years old
                                                                                                                with personal stories of cab-         and she never goes anywhere with-
                                                                                                                driving, Haycock gives read-          out a book. She lives on a hill
                                                                                                                ers a basic overview of the           in Wisconsin with two dogs and
                                                                                                                main ideals that Buddhists and        12,000 books. v
HAMILTON COUNTY HERALD                                                        www.hamiltoncountyherald.com                                    Friday, December 3, 2010              11


ABA Diversity Commission to confer spirit of excellence award
      The American Bar Assoc-          nation’s first African American        of ABA entities.                     American Bar Foundation. She        iation, the Civil Rights Trail-
iation Commission on Racial            woman to serve as a bankruptcy               She was a member and           is a member of the National Bar     blazer Award from the University
and Ethnic Diversity in the            court judge. She was appointed         treasurer of the former ABA          Association, the Memphis Bar        of Tennessee and the Hero
Profession will present its 2011       by the late Chief Justice William      Museum of Law board of direc-        Association, the Ben F. Jones       in the Law Award from the
Spirit of Excellence Award to          Rehnquist to the Advisory              tors, and has served on the advi-    Chapter of the National Bar         Memphis Bar Association. In
Judge Bernice B. Donald of             Committee on Bankruptcy Rules          sory committee for the ABA           Association and the Association     2008, she was named Justice
the U.S. District Court for the        for the Judicial Conference of         Central European and Eurasian        of Women Attorneys of which         Joan Dempsey Klein Honoree
Western District of Tennessee,         the United States, serving two         Law Initiative, and on associa-      she is a past president.            of the Year by the National
Memphis.                               terms of three years each.             tion committees for membership            Judge Donald has worked        Association of Women Judges.
      The award will be present-            Prior to her appointment to       and strategic communications.        with international judges on             In 2010, Judge Donald
ed Feb. 12 at a luncheon at            the federal bench, Judge Donald              She is a past chair of the     issues of bankruptcy, commer-       was inducted into the African
the Marriott Marquis, Atlanta,         was the first African American         ABA Commission on Racial             cial law, intellectual property,    American Hall of Fame in
during the 2011 ABA Midyear            woman elected to be a judge in         and Ethnic Diversity in the          domestic violence and case          Memphis, Tenn.. Donald was
Meeting.                               Tennessee history, and served          Profession and has been an           management in Africa, Latin         the product of a racially segre-
     “Judge Donald personi-            in Division IX of Tennessee’s          active member of ABA sec-            America, Eastern Europe and         gated school system.
fies the qualities we recognize        General Sessions Criminal              tions of Litigation, Labor and       Asia. Domestically, she has              Because of her commitment
with the Spirit of Excellence          Court.                                 Employment Law, International        served as a mentor for new judg-    to education, a scholarship open
Award,” said Fred W. Alvarez                Donald is a past member           Law and Individual Rights and        es, aspiring lawyers and high       to students of all races and eth-
of Palo Alto, Calif., commission       of the board of directors of the       Responsibilities, as well as the     school students.                    nicities has been established
chair. “Her accomplishments as         Federal Judicial Center and its        Judicial Division and General             Donald has engaged in          in her name at the University
a jurist, and as a woman of color      district judges education com-         Practice, Solo and Small Firm        community service in Memphis        of Memphis by Zeta Phi Beta
in a challenging, competitive          mittee. She has served as fac-         Division. Donald is a fellow of      in a variety of areas, including    Sorority, Inc., of which she is a
profession have demonstrated a         ulty for both the Federal Judicial     the American Bar Foundation          serving on the board of directors   member.
commitment to excellence, and          Center and the National                where she currently serves as        of Memphis Race Relations &              The ABA Commission on
to promoting a more racially and       Judicial College. She has been         vice-president.                      Diversity Institute, Memphis in     Racial and Ethnic Diversity in
ethnically diverse legal profes-       an adjunct professor at the                  Additionally, she has served   May, Midtown Mental Health,         the Profession is a catalyst to
sion.                                  University of Memphis Cecil            on the Women’s Rights Prize          Leadership Memphis, Memphis         change the legal profession to
     She has held herself to the       C. Humphreys School of Law,            Committee of the Peter and           Brooks Museum of Art, Memphis       reflect the society it serves. It
highest standards, and modeled         from which she received her law        Patricia Gruber Foundation, and      Street Law Inc. and Girls Club      helps racially and ethnically
a dedication to justice to which       degree in 1979.                        is a former member of the board      of Memphis.                         diverse lawyers advance their
every lawyer can and should                 As secretary of the ABA,          of directors of the National              Donald has been the recip-     careers and standing in the pro-
aspire,” he said.                      Donald is the first woman of           Conference of Women’s Bar            ient of numerous honors and         fession, and it helps the larger
     Donald has served as a fed-       color to be an officer in the          Associations.                        awards. She most recently           community appreciate the con-
eral district court judge since        association since its founding               She is past president of       received an honorary doctoral       tributions of lawyers of color.
1996, and was the first African        in 1878.                               the National Association of          degree from Suffolk Law School,          Its leadership, programs and
American female named a fed-                She is a member of the asso-      Women Judges and past mem-           the Liberty Achievement             information help the profes-
eral district court judge in the       ciation’s Board of Governors,          ber of the board of directors        Award from the Tort, Trial, and     sion understand and eliminate
Western District of Tennessee.         its policy-making House of             of the National Conference of        Insurance Section of the ABA,       racism, bigotry and discrimina-
Prior to her appointment as            Delegates, and the Board of            Bankruptcy Judges.                   the Lifetime Achievement            tion. The commission works to
district court judge she served        Editors of the ABA Journal.                  She also is a fellow of the    Award from the Family Law           increase racial and ethnic diver-
on the U.S. Bankruptcy Court           She has chaired board commit-          Tennessee Bar Foundation, the        Section of the ABA, the Pres-       sity in the legal profession, and
for the Western District of            tees, and served as a liaison          Memphis and Shelby County            idential Achievement Award          thus enrich it.
Tennessee, becoming the                between the board and a variety        Bar Foundation and the               from the National Bar Assoc-             Source: ABA v


   K-9                            Continued from page 1
the bloodhound just does search        can smell a tremendous amount
and rescue. Six of the dogs are        stronger than a human can, and
dual-purpose, and all of the dogs      they can locate it a whole lot
are trained to track. In doing this,   faster than we can.”
a muzzle is used so the dogs can             Another reason dogs are
search for children and locate         used is the safety factor when
them, but can’t bite them.             officers are required to do build-
      These dogs are not only          ing or wooded area searches. In
trained for 12-15 weeks, varying       these, they send the dog out
with the dog’s temperament and         ahead of them about 30 feet to
its pair up with a trainer, but        search for the criminal before
they also have to meet certifica-      officers encounter the suspect.
tion standards from the state’s              This also helps in locating
police canine inspection as well       the person, whether they are hid-
before they are ever allowed to        ing in the ceiling or in a closet,
hit the streets, Meeks says.           or somewhere else unseen.
      Vradenburgh says the sniff-            “The dog is out there ahead
ing and scenting ability of these      of us and it is a buffer zone
dogs is their primary value to the     between them and us before we
department.                            enter that danger zone, and the
      “When we can’t see a track       dogs provide us a tremendous
where someone has run, the dogs        amount of safety,” Vradenburgh
can sniff it. When we can’t see or     says. “Sometimes in a wooded
smell drugs or bombs, dogs can,”       area or building search the offi-
he says.                               cers will back off and wait on the
      One of the main jobs the         dog because that’s the safe way
dogs are called in for is drug         to do it.”
interdiction on the roads, he                In April of 2011, it is
says. When a vehicle is stopped        Chattanooga’s turn to host the
and being lawfully detained for a      regional canine trials for depart-
traffic infraction, then the courts    ments in Tennessee, Alabama,
have ruled that the air is free        Georgia and parts of Florida.
and officers have the right to run     During the first two days of the
their dogs around the vehicle,         trials, 20 to 30 dogs will be in
he says.                               town, and the public is invited to
      “If the dog responds in the      watch this patrol training.
way that he has been trained                 During the rest of the week,
to respond in the presence of          30 to 70 dogs will be on hand for
drug odor, then that establishes       narcotic and bomb detection tri-
probable cause for us to go ahead      als closed to the public.
and search the vehicle without               Meeks says the department
a warrant, without consent. It’s       needs help from the law and
really helping us in our drug          real estate community in rais-
war,” Vradenburgh says.                ing money for the event from
      The calls to which the K-9       buying food for the judges and
unit responds to are all high pri-     other items to bring these high-
ority calls, Meeks says. He agrees     powered noses to our neck of the
that it’s all about the nose when      woods.
the dogs are called out.                     For more information on how
      “Everything he works off of      to sponsor the canine trials or help
is that nose, and that’s why we        with this event, contact Sgt. Meeks
use dogs so well,” he says. “They      at 643-5000. v
12       Friday, December 3, 2010                                           www.hamiltoncountyherald.com                                     HAMILTON COUNTY HERALD


WTCI’s effect extends with educational, community storytelling
By Erica Tuggle                                                                                                                                            on how to help.
                                                                                                                                                                 It’s obvious by now that
      Paul Grove, the president                                                                                                                            PBS is much more than the chil-
of WTCI, says when he was in                                                                                                                               dren’s programming that they
commercial television, he was                                                                                                                              are known for, but at the same
disillusioned about some pro-                                                                                                                              time, Grove says their role as an
grams for their lack of inspira-                                                                                                                           educator with these programs is
tion or educational value.                                                                                                                                 something they take very seri-
      Now with PBS and WTCI,                                                                                                                               ously.
Grove feels proud to say he                                                                                                                                      “We believe PBS WTCI is
works in a place where family                                                                                                                              the best dollar spent for educa-
values are on the forefront and                                                                                                                            tion,” he says. “We say that
their mission as the commu-                                                                                                                                because we have the ability to
nity’s storyteller and educator                                                                                                                            reach 850,000 people a week.
is something everyone can get                                                                                                                              We have over 60 hours of chil-
behind.                                                                                                                                                    dren’s educational programming
      “I easily know when people                                                                                                                           every week.
go on our channel they are not                                                                                                                                   “Only about 60 to 70 per-
going to see something that is                                                                                                                             cent of the area we cover has
dumbing-down America. They                                                                                                                                 pay television, so there’s a good
will see something inspirational                                                                                                                           30 to 40 percent that just have
and educational at all times; it’s                                                                                                                         broadcast television stations,
going to be of some value and                                                                                                                              and our programming is free to
make the community a better                                                                                                                                everybody, all walks of life, all
place,” he says.                                                                                                                                           social levels and all income lev-
      Grove       attended    the                                                                                                                          els.”
University of Florida for broad-      Paul Grove, the President and CEO of WTCI and PBS of Chattanooga, says that they take very seriously their role            When Grove is not focused
cast journalism and hoped to          as a storyteller and educator for the community with their programming. WTCI has the ability to reach 850,000        on the families of his viewership,
become the next voice of one          people a week from every income and social level out there and offers over 60 hours of children’s educational pro-   he focuses on his own family in
of the sports teams he loved          gramming every week. (Erica Tuggle)                                                                                  coaching his four sons through
and grew up with, but he soon                                                                                                                              the seasons: basketball for the
decided his place was behind the      community through their televi-        nation,” Grove says. “One of our       nected with the community in           winter, baseball in the summer
camera, where he enjoyed the          sion programs and now increas-         things we focus on is how to tell      having a way for viewers to            and football for the fall.
writing and creative element of       ingly in interactive online pro-       Chattanooga’s story to the rest        watch programs anytime they                  Grove says he wants to
the business.                         gramming.                              of America and produce it in a         want and talk to producers and         stress that WTCI and PBS rely
      He became a producer and             One of these programs is a        way that it will be interesting to     hosts with questions, comments         on community support, and
first began his involvement with      documentary called “Untamed            everyone else so it’s not just a       and what they want out of their        need the community to include
PBS with a show about the 1994        Legacy: America’s Wild Mus-            Chamber of Commerce video.”            shows.                                 them as an organization they
World Cup titled, “It’s a Kick.”      tang,” which started from the               Another one of their nation-           “That’s what a PBS station        financially support.
He took a job at the Tampa, Fl.,      inspiration of one Chattanoogan        ally watched documentaries is          is all about,” Grove says. “We               “Over 50 percent of our rev-
PBS station, and after 10 years       and his love for mustangs and          “Tracing the Tracks,” a look           are trying to produce program-         enue comes from people writing
in commercial television and 15       expands to the national chal-          at the mythical Chattanooga            ming that makes our community          checks at their kitchen table.
plus years at PBS, he was offered     lenge of the danger mustangs           Choo-Choo, its 100 year history        interested in itself and make our      Without them, we would not
the Chattanooga CEO position.         face across the nation.                and the song that started it all.      place a better place to live.”         survive,” he says. “Now more
      Grove says his job is to             “It will be a production that          “Not every PBS station has             This has been used to a           than ever, we need their support
build relationships for the sta-      we distribute nationally to PBS        things like this, but we produce       great effect with the “Untamed         to make sure that everything
tion to engage into the com-          stations all across America but        national quality productions that      Legacy” documentary in that-           works and local programs are
munity with those who can help        it will have a great piece about       are now in 38 states,” he says.        viewers from all over have vis-        here making a difference in the
WTCI be a station everyone is         Chattanooga and will be a way               The induction of online pro-      ited the Web site links on how         community.”
proud of. WTCI does this by           for us to share Chattanooga’s          gramming into WTCI is another          to adopt a mustang and called                To support or learn about
documenting the history of the        story with the rest of the             part of being interactively con-       WTCI looking for information           WTCI visit www.wtcitv.org. v

Burns Tobacconist works to be a bright spot in a dim economy
By David Laprad                       to understand why. Located in
                                      the Chattanooga Billiard Club
      One man asks another,           Banquet and Conference Center,
“How many cigars do you smoke         Burns offers over 1,000 brands
a day?”                               of cigars, many of which are
      “One,” the second man           hard to find. From Ashton, to
replies.                              La Gloria Cubana, to Romeo y
      “Bull.”                         Julieta Vintage, the shop has a
      “After another!”                reputation for carrying the best
      The two men laugh and take      hand rolled smokes in the world.
deep drags from their cigars. As      Burns even has the distinction
they exhale, big puffs of white       of being one of only 100 White
smoke drift toward the ceiling        Label Davidoff suppliers in the
and fill the cigar shop with a        U.S.
rich, mellow aroma. The gentle-            “We pride ourselves in being
men ease back in barbershop           a boutique tobacconist, which
chairs and turn their attention       means the cigars we carry aren’t
toward ESPN, occasionally offer-      mass produced. The people who
ing their opinion on pro sports       make them take their time mak-
but steering clear of conversation    ing their product, so they’re
about work or family.                 superior in every way. Some of
      Matt Allen, manager of          them are very difficult to get your
Burns Tobacconist, says the idea      hands on,” Allen says.
is to relax and have fun.                  Burns takes care of its prod-
      “Our customers leave their      uct, too, Allen says, storing its
baggage at the door. We’re all        inventory of over 100,000 sticks
busy. We all have jobs, wives and     in two walk-in humidors, which
kids. We all go, go, go all day,      keep the humidity where it needs
and then get up the next morn-        to be to keep the cigars fresh.
ing to do it again. This place             The store also offers a full     A Burns Tobacconist customer lights his cigar with a torch. Burns offers over 1,000 varieties of cigars, many of
makes you stop for 30 minutes         line of accessories, Allen says       which are hard to acquire, as well as a selection of smoking accessories. (David Laprad)
and rest.”                            in reference to Burns’ selection
      From blue-collar workers        of cutters, torches and portable             “Cigars aren’t just for men.     day, and the next day, they had              “Take it one day at a time
to the well heeled, everybody         humidors.                              We have several women who              to stop,” Allen says.                  and reward yourself when you
needs a break from the stress of           “If you want to get into cigar    come in on Friday and Saturday              Despite these challenges,         can. These days, if you still have
everyday life, Allen says. When       smoking like you would golf, we        nights. They like to get together      Burns this year is up 20 percent       a job and a family at the end of
former New York City Mayor            have the equipment,” he says.          with the men, have a good time         over 2009. Allen attributes the        the week, you have something to
Rudy Giuliani stopped by while             A person doesn’t need to be       and be themselves,” Allen says.        boon to good customer relations.       celebrate.”
in Chattanooga to give a speech       a wealthy politician to enjoy a              While people from all walks           “More than anything else,               Burns opened its doors in
at the recently held Zig Ziglar       good smoke, either, Allen says.        of life smoke cigars, the industry     we’re a family. The cigar is a         the mid ’90s after owner Phillip
motivational seminar, one patron      Rather, cigar smoking crosses all      is considered a niche business. It’s   bonus. A big part of our success       Windham had his first cigar and
tried to bring up politics. The       boundaries. Customers at Burns         also a luxury, since no one has to     is the regulars we’ve gotten to        fell in love. Today, it’s thriving
others quickly shut him down.         range from white collar business-      smoke. As a result, the economic       know. They’re good people. This        when similar establishments are
      “Rudy is a down-to-earth        men to blue collar cops, and           crunch has hit many cigar shops        is the worst time economically         going up in smoke, due in no
guy. He just wanted to hang out       men in their twenties to retirees.     hard. Allen says friends of his in     I’ve seen, but we’ve taken care of     small part to the hard work and
and enjoy a cigar,” Allen says.       Women also shop at Burns. A            Atlanta and Florida have shut          each other,” he says.                  passion of its staff. Customers can
      During his visit, Giuliani      poster of a magazine cover of          down, and some of his customers             Allen says many of his            rest assured Burns will be around
told Allen he considers Burns         Claudia Schiffer holding a cigar       have quit smoking.                     customers have cut back on             for many years to come, offer-
Tobacconist one of the best cigar     lets the store’s male customers              “We’ve had business owners       smoking, but are still indulg-         ing them one incredible cigar.
stores he’d ever visited. It’s easy   know ladies can partake as well.       who were buying like crazy one         ing occasionally.                      After another. v

				
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