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McDonald's Plaintiff Not Your Average McFatso
forbes ^ | Dan Ackman,

Posted on 01/29/2005 2:42:15 AM PST by freepatriot32

NEW YORK - McDonald's has so far prevailed in the lawsuits that have asserted it is partly to blame for its customers' bulging waistlines.

But a new lawsuit filed in federal court in San Francisco insists the burger giant has failed in its promise to move to a healthier cooking oil, and it is being brought not by fry-eaters but by Kathy Fettke, a "personal coach" and infomercial pitchwoman who "is living her dream by helping others live their dreams."

Fettke, who has also worked as a television host and actor--she played a bridesmaid in Flubber--is married to the similarly employed Rich Fettke, who bills himself as the "best-selling author of Extreme Success." She is also a holder of one of the International Coaching Federation's first Master Certified Coach credentials, an accrediting organization of which Rich Fettke was once vice president.

Kathy Fettke's lawyer is Stephen Joseph, founder of and counsel to BanTransFats.com, a San Francisco-based organization whose goal is the reduction and elimination of trans fats from all food products. It claimed a major success in suing Kraft Foods (nyse: KFT - news - people ) over trans fats in Oreos. But when Joseph dropped the California suit in May 2003, Kraft said it had been working on ways to remove trans fats from the cookies and already had a reduced-fat version on the market.

In the McDonald's (nyse: MCD - news - people ) case, the plaintiffs are not seeking monetary damages and said, "The lawsuit has nothing to do with obesity. Trans fats cause serious medical health problems other than obesity." Indeed they allege that according to the Harvard School of Public Health, 30,000 or more premature heart disease deaths are caused each year by trans fats. (Harvard did do a study on the effects of trans fats in 1994, but concluded that approximately 30,000 deaths "could be attributable" to the consumption of trans fats.)

McDonald's already announced in 2002 it would shift to a new cooking oil with half the trans fats by February 2003, but said operational difficulties have delayed the changeover. The company said it would not comment on the complaint's specific allegations because it had not seen the lawsuit and that it has reduced trans fatty acid (TFA) levels in its McNuggets and other chicken products.

"In February 2003, we made a broad public statement that the change in our cooking oil was taking longer than anticipated and would be delayed," McDonald's spokeswoman Lisa Howard told USA Today. "We continue to work hard to achieve our ambitious goals for reduction of TFAs in our cooking oil."

The lawsuit accuses McDonald's of profiting from its earlier announcement that it was about to cut trans fats, misleading the public. "McDonald's has made only a token attempt to inform its customers that it had not made the change to the new cooking oil. It has deliberately allowed the public to be misled...Meanwhile, it has been reaping millions of dollars in additional profits from customers who believe that they are getting the new healthier oil. If many of those customers knew that they had been duped, they would not eat at McDonald's," BanTransFats.com said in a statement. It wants the company to take more effective steps to inform its customers about its failure to make the change and that it in fact make the change to new cooking oil as soon as possible. Neither McDonald's nor BanTransFats.com was immediately available for comment.

An earlier lawsuit filed in a federal court in Manhattan by overweight teenagers was dismissed, though it may be re-filed. (See: "Judge To Fat Plaintiffs: Where's The Beef?")

It is not immediately clear how Fettke figures as the plaintiff in the case, but according to the Web site for her "reality radio show," called The Edge, there is little that Fettke is NOT concerned with. The show claims to give listeners "the edge" in their lives "with cutting edge information on how to make more money, create [their] dream career, enjoy optimum health, and become more successful in [their] relationships and overall life fulfillment." Cutting trans fats fits in there somewhere


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Editorial; Extended News; Front Page News; News/Current Events; Philosophy; US: New York
KEYWORDS: aclulist; activists; average; foodpolice; govwatch; mcdonalds; mcfatso; not; petafreaks; plaintiff; supersizme; tortrefornnow; veganfreaks; your
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with the overburdensome regulations by all levelsof goverment and the frivolous lawsuits you would just about have to be a masocist to start up and run a business any more in america
1 posted on 01/29/2005 2:42:15 AM PST by freepatriot32
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To: freepatriot32
Trial lawyers who sue like this should be ashamed of themselves, but they aren't.
2 posted on 01/29/2005 2:52:06 AM PST by SkyPilot
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To: freepatriot32

Is she the one who they held a gun to her head and made her eat there?


3 posted on 01/29/2005 2:52:26 AM PST by gulfcoast6 (The Lord is my Shield and Protector)
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To: freepatriot32

Countersuit should be filed, and the lawyer who took the case directly targeted for discipline and possible disbarment.


4 posted on 01/29/2005 2:57:04 AM PST by ikka
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To: gulfcoast6
She is the one who thinks McDonald's coffee should be room temperature, never HOT!
5 posted on 01/29/2005 2:58:03 AM PST by endthematrix (Declare 2005 as the year the battle for freedom from tax slavery!)
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To: freepatriot32

I'll bet if Planned Infanticide (whoops I meant Parenthood) were being hammered with B.S lawsuits you'd go deaf with the call for tort reform from the libs. Unless you've got some sort of medical condition, it's simple. Push yourself away from the table once in a while and get some exercise. 30 lbs to go to hit my target, Atkins was a good start. I just got sick of the daily GI ruckus it was causing me.


6 posted on 01/29/2005 2:59:23 AM PST by SirLurkedalot (I'm back...with NEW and IMPROVED knuckle-dragging action.)
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To: gulfcoast6

She, her husband, and her counsel are getting what they want out of the idiotic lawsuit.....plenty of publicty for books and organizations. The lawyer for McD's should point out all of the obvious conflicts of interest in bringing the suit, and ask the judge to throw it out.


7 posted on 01/29/2005 3:00:54 AM PST by Liz (Wise men are instructed by reason; lesser men, by experience; the ignorant, by necessity. Cicero)
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To: SirLurkedalot
I lost 60 pounds on the Atkins diet, it works. Now i just don't eat anything white, rice potatoEs, bread, etc.
8 posted on 01/29/2005 3:03:27 AM PST by gulfcoast6 (The Lord is my Shield and Protector)
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To: Liz

There are so many who do this.


9 posted on 01/29/2005 3:06:29 AM PST by gulfcoast6 (The Lord is my Shield and Protector)
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To: gulfcoast6

I dropped my first 20 on it, but induction was literally kicking my can.


10 posted on 01/29/2005 3:10:50 AM PST by SirLurkedalot (I'm back...with NEW and IMPROVED knuckle-dragging action.)
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To: freepatriot32

The perfect Fettke family.

I think I'm gonna blow lunch.


11 posted on 01/29/2005 3:15:49 AM PST by metesky ("Brethren, leave us go amongst them." Rev. Capt. Samuel Johnston Clayton - Ward Bond- The Searchers)
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To: SirLurkedalot

I recently moved up on a small farm with my daughter and husband after my wife died. The work I do up here like a big garden, cutting the farm with my old 53 Ford tractor, cutting trees and brush, physical activity for sure 6 days a week and the diet has saved my life, at least I think so. I think my stoke and heart attack made me face facts as well. I am running on all cylinders now.


12 posted on 01/29/2005 3:18:37 AM PST by gulfcoast6 (The Lord is my Shield and Protector)
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To: SirLurkedalot

Oh, fast food, got off subject. When I would go into one of those places I would order a hamburger without bun, just meat and lettuce, pickles, etc. It would blow their mind but it worked, nothing wrong with a good burger, just without the bread.


13 posted on 01/29/2005 3:23:44 AM PST by gulfcoast6 (The Lord is my Shield and Protector)
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To: gulfcoast6

Some of the chains are offering that as an option now. Yep, nothing like a day working in the yard. When I did treework for a living is was pretty decent shape.


14 posted on 01/29/2005 3:27:55 AM PST by SirLurkedalot (I'm back...with NEW and IMPROVED knuckle-dragging action.)
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To: freepatriot32

People can't resist the Big Mac - it's not their fault. /sarcasm


15 posted on 01/29/2005 3:28:47 AM PST by Irish_Thatcherite (When Gays left the Closet, Conservatives took their place.)
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To: Irish_Thatcherite
You betcha, in the 60's the closet McDonald's to us was in Jackson, MS, we lived in Greenville, MS, Jackson about 100 miles from us. We had a Volkswagen and every once in a while would jump in the 'bug' and go just for the purpose of getting a burger.
16 posted on 01/29/2005 3:37:42 AM PST by gulfcoast6 (The Lord is my Shield and Protector)
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To: gulfcoast6

The VW wouldn't happen to be white and have a mind of it's own?


17 posted on 01/29/2005 3:46:39 AM PST by Irish_Thatcherite (When Gays left the Closet, Conservatives took their place.)
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To: Irish_Thatcherite
Nope, green and I was the boss. Convertible at that and that had a lot to do with us to travel as much as we did, for dumb reasons a lot of times but sure was fun.
18 posted on 01/29/2005 3:50:51 AM PST by gulfcoast6 (The Lord is my Shield and Protector)
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To: gulfcoast6

White is okay.

Cream, Cream Cheese and Mayonnaise are all fine. Sour Cream is pretty good on carbs but not as good as the others listed.


19 posted on 01/29/2005 3:52:15 AM PST by DB ()
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To: Irish_Thatcherite
And now I am off to watch the juveniles that host the weekend addition of Fox and Friends, they are terrible.
20 posted on 01/29/2005 4:01:32 AM PST by gulfcoast6 (The Lord is my Shield and Protector)
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To: gulfcoast6
Oh, fast food, got off subject. When I would go into one of those places I would order a hamburger without bun, just meat and lettuce, pickles, etc. It would blow their mind but it worked, nothing wrong with a good burger, just without the bread.

I use the above trick when I go to fast food joints for lunch. I also throw out a few fries and about 3/4 of of the soda. I also ditch the mayo. I then try to take at least a 20 minute walk during the lunch hour. The 20 minute walk usually alleviates any lingering hunger cravings.

21 posted on 01/29/2005 4:13:52 AM PST by EVO X
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To: Black Birch

I think the walk thing is good, I should do more of it but I stay as active as I can here on the farm, physically.


22 posted on 01/29/2005 4:17:12 AM PST by gulfcoast6 (The Lord is my Shield and Protector)
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To: Annie03; AntiBurr; Baby Bear; BJClinton; BlackbirdSST; BroncosFan; Capitalism2003; dAnconia; ...
Libertarian ping
23 posted on 01/29/2005 4:21:07 AM PST by freepatriot32 (http://chonlalonde.blogspot.com)
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To: freepatriot32
Man oh man! Why is it we cannot get people to take responsibility for themselves? I'll tell you why. It's because we have people like this b!^ch and her husband that just can't get a real job. They make their money off the insecurities of liberals who go thru life it has to be someone else's fault. It is a sad state in this country when the public needs such a crutch as these two to tell them how to take care of themselves. I think I'm going to hurl! Guess what? I was gettin pretty heavy myself. Guess what? Now get ready for it.... IT WAS MY FAULT! It wasn't McDonalds, it wasn't WalMart, it was mine. Guess what else? I quit eating so much! It doesn't take a rocket scientist to figure out that you need to reduce your intake,  eat healthier foods, and get a little exercise. Why do so many morons put money into the pockets of people like this in order to learn what common sense told them the first time they looked in the mirror and said to themselves "Boy I look like sh!t". By sending these idiots money all they do is encourage them to spew more B.S. They themselves start to believe they have a higher calling. Then get a lawyer involved and we're off to court to save the universe. It must be nice to go thru life without ever really having to earn your keep. (thanx, I feel much better now)

24 posted on 01/29/2005 4:25:36 AM PST by Allosaurs_r_us (Idaho Carnivores for Conservatism)
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To: gulfcoast6
When I would go into one of those places I would order a hamburger without bun, just meat and lettuce, pickles, etc. It would blow their mind but it worked, nothing wrong with a good burger, just without the bread.

the low carb thick burger from hardees comes that way now you dont even have to special order it

25 posted on 01/29/2005 4:26:01 AM PST by freepatriot32 (http://chonlalonde.blogspot.com)
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To: metesky

they should be cast in a new movie the stepford family


26 posted on 01/29/2005 4:27:04 AM PST by freepatriot32 (http://chonlalonde.blogspot.com)
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To: freepatriot32
It has been a spell since I have been in Hardees, thanks.
27 posted on 01/29/2005 4:28:49 AM PST by gulfcoast6 (The Lord is my Shield and Protector)
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To: freepatriot32

Quick show of hands please. Those who have consulted a "life coach"?


28 posted on 01/29/2005 4:28:54 AM PST by I_dmc
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To: SirLurkedalot
Atkins was a good start. I just got sick of the daily GI ruckus it was causing me.

Try the "Zone Diet" by Sears. It's a more balanced approach. I suspect all of these diets are as effective as your metablism is sensitive to a certain approach to nutrion. Zone worked like a charm for 2 people in my family and the maintenence is easy. 3 years now and out of the 35 fluctuation on maintenance has been within 10 lbs.

29 posted on 01/29/2005 4:30:12 AM PST by Caipirabob (Democrats.. Socialists..Commies..Traitors...Who can tell the difference?)
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To: I_dmc

Yeah. My mother! ;-)


30 posted on 01/29/2005 4:30:53 AM PST by Happygal (liberalism - a narrow tribal outlook largely founded on class prejudice)
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To: Allosaurs_r_us
was gettin pretty heavy myself. Guess what? Now get ready for it.... IT WAS MY FAULT! It wasn't McDonalds, it wasn't WalMart, it was mine. Guess what else? I quit eating so much!

*grabs chest*Ack ugh unng my heart my heart call 911 i need nitro pills.You have got to be the first person in well over thirty years to say something like that your common sence is likea breath of fresh air plus your in post animation is pretty cool too :-)

31 posted on 01/29/2005 4:32:57 AM PST by freepatriot32 (http://chonlalonde.blogspot.com)
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To: freepatriot32
Kathy Fettke's lawyer is Stephen Joseph, founder of and counsel to BanTransFats.com, a San Francisco-based organization whose goal is the reduction and elimination of trans fats from all food products.

Is this issue worthy of its organization? I hope it isn't a 501(c)(3).

32 posted on 01/29/2005 4:34:39 AM PST by independentmind
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To: SkyPilot
Trial lawyers who sue like this should be ashamed of themselves, but they aren't.

Trial lawyers have no shame.

33 posted on 01/29/2005 4:35:58 AM PST by independentmind
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To: freepatriot32
So this lady is paying her own lawyer to sue, and the only relief she wants is that McDonalds change cooking oil?

34 posted on 01/29/2005 4:35:59 AM PST by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: gulfcoast6
You betcha, in the 60's the closet McDonald's to us was in Jackson, MS

A gay McDonald's in MS??

=P
35 posted on 01/29/2005 4:44:29 AM PST by TheRatHunter
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To: William Terrell

Plus publicity. She'll probably be amongst the idiots in the media fairly soon. Good Morning America anyone?


36 posted on 01/29/2005 4:45:34 AM PST by TheRatHunter
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To: freepatriot32

Dont like oil McDonalds uses? Then dont go there!


37 posted on 01/29/2005 4:46:54 AM PST by cardinal4 (W's 3.5 million pop vote isnt a mandate, but algores .5 million is??)
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To: gulfcoast6
I think the walk thing is good, I should do more of it but I stay as active as I can here on the farm, physically.

Sounds like your doing OK now. Keep up the good work.

38 posted on 01/29/2005 4:52:21 AM PST by EVO X
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To: Black Birch

I intend to do just that, my life depends on it.


39 posted on 01/29/2005 4:56:32 AM PST by gulfcoast6 (The Lord is my Shield and Protector)
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To: Caipirabob

Thanks! I'll have to look into that. My fiance was on Atkins too and had the same complaints. She found that place "Curves" and has had a lot of success there. I just keep the carbs down to a reasonable level now. But bar none the biggest factor for me was eliminating alcohol. I did'nt feel I had a 'problem'(LOL), unless of course you'd call getting *hit-faced and acting a fool a virtue. I had my fill thru my 20's anyway. Another side benefit is that LadyLurkedalot can have a glass of wine or two out at dinner and not worry about who'll drive home.


40 posted on 01/29/2005 5:08:55 AM PST by SirLurkedalot (I'm back...with NEW and IMPROVED knuckle-dragging action.)
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To: gulfcoast6
And now I am off to watch the juveniles that host the weekend addition of Fox and Friends, they are terrible.

interesting experiences you have had...sounds like your life has changed significantly and for the better. too bad more people don't discover this.

you know, when i first starting watching fox and friends weekend, i couldn't get where they were coming from...they seemed silly to me. but the last few years, i think after 9/11, i found myself taking great comfort in their joviality and conviviality. now i watch fox and friends every morning before i go to work. their morning rundown is so thorough in such a short time (6-6:30) that i feel well versed on the day's events.

i really look forward to weekends, too, probably because the world seems so angry and contemptuous these days, of goodness and humor and Americans and fighting for the right cause.

when i watch f & f weekend, they almost seem like family members i never had (not to sound like i am living in a fahrenheit 451 situation...). in short, i have grown to value their cheery regards to start my day. it pretty much sickens me to see cnn anchors trying to ape them, because cnn anchors suffer from overweening hubris, to say the least.

f & f seem more like all of us...just regular folks, intelligent and educated and really enjoying each others' company.

oh,well, that's all. talked your ear off.

41 posted on 01/29/2005 5:12:11 AM PST by wildwood
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To: gulfcoast6

You could do worse - you could watch Ireland's RTE.


42 posted on 01/29/2005 5:13:49 AM PST by Irish_Thatcherite (When Gays left the Closet, Conservatives took their place.)
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To: freepatriot32

What is in the low-card breakfast bowl, on the top?

I like the looks of the low-carb hamburger. I will have to try it out.


43 posted on 01/29/2005 5:14:09 AM PST by rawhide
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To: gulfcoast6

You could do worse - you could watch Ireland's RTE.


44 posted on 01/29/2005 5:14:15 AM PST by Irish_Thatcherite (When Gays left the Closet, Conservatives took their place.)
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To: freepatriot32

Do people not get it that you cannot eat fast food everyday and be healthy or even feel good? If I were to eat that stuff on a regular basis I would feel awful.


45 posted on 01/29/2005 5:21:03 AM PST by LoudRepublicangirl (loudrepublicangirl)
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To: freepatriot32
"grabs chest*Ack ugh unng my heart my heart call 911"
 
Glad to see someone "gets it"! It is unbelievable to me how in this day and age it always has to be the other guys fault. We are quickly losing what made America the most powerful nation since the days of the Romans. We no longer are teaching independent intelligence. Liberals and progressives nowadays think being a lawyer is the only honorable profession in existence. They have completely lost touch with reality. they are inventing ways to make money off the fears of pathetic individuals that haven't had an original thought since they were 5.
 
We need to set a quota for lawyers. In other words all the colleges combined can only graduate 100 a year until the population catches up. Maybe if we didn't have so many of them we could cut down on these idiotic lawsuits. I mean, why else are we seeing these? It has to be because they don't have anything else to do. Now that would be tort reform. Make a few thousand of these guys flip burgers for a living and they just might realize what work really is. The closest they get to manual labor is walking up the steps to the courthouse and opening the door for their rich clients.

46 posted on 01/29/2005 5:25:34 AM PST by Allosaurs_r_us (Idaho Carnivores for Conservatism)
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To: SirLurkedalot
You know something that helped, me? I was big into cheese (as there is a lack of ample Moose in SoFlo.) I found a soy-based product called "Veggie-Shreds" I can get at Publix or Albertson's here. I'll wrap some chicken or steak strips with it and some onions and tomatoes. Awesome meal and it's mostly protein except for the tortilla, but I can eat that as long as I don't eat other major carbs.

I also keep a stair master in front of the TV. I've had bad allergies this year with chronic bronchitis, but with the diet, I've dropped weight where I thought I'd gain (could be the bronchitis, too.) At any rate, it's enabled me to maintain myself consistenly for 3 years (2.5 beyond where the allergies got bad.)

But really, it depends on the individuals physical makeup. Just as some people have a high metabolism and don't require the same constraints that I do, I in turn respond better to higher protein diets and weight drops off with minimal effort.

Still, there are days when you wonder is Chocolate is a blessing or a punishment when you get on the scale.

At any rate, it's become a lifestyle choice now. All the best to you in your efforts...

47 posted on 01/29/2005 5:37:50 AM PST by Caipirabob (Democrats.. Socialists..Commies..Traitors...Who can tell the difference?)
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To: Caipirabob

The same to you Sir, see you around!


48 posted on 01/29/2005 5:44:26 AM PST by SirLurkedalot (I'm back...with NEW and IMPROVED knuckle-dragging action.)
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To: gulfcoast6

Exactly...
What part of, "nobody is FORCING you to buy these hamburgers", don't they understand??????


49 posted on 01/29/2005 5:51:46 AM PST by yer gonna put yer eye out (Gettin' a PhD (Prettyhard on Democrats) at FR)
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To: ikka

Good idea Ikka."the lawyer who took the case shoud be targeted for disbarment and discipline."How about court costs as well?


50 posted on 01/29/2005 6:04:42 AM PST by thombo
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