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Court Likely Ends Suit Over Beating at Rally (DON ADAMS UPDATE)
Philadelphia Inquirer ^ | January 23, 2007 | Joseph A. Slobodzian

Posted on 01/23/2007 7:12:16 PM PST by Physicist

A federal appeals court refused yesterday to revive civil-rights claims against Gov. Rendell, District Attorney Lynne M. Abraham, and Teamsters Local 115, part of a lawsuit filed eight years ago by a man who says he was beaten and falsely prosecuted after protesting a 1998 appearance by President Clinton.

The opinion by a three-judge panel of the U.S. Court of Appeals for the Third Circuit is likely the end of the federal suit filed by Don and Theresa Adams, although Adams has said he will press civil claims involving state law in Philadelphia Common Pleas Court.

Neither Adams, 46, of Cheltenham, nor his lawyer could be reached for comment.

At issue before the Third Circuit panel was whether a lower-court judge properly dismissed the Adamses' lawsuit.

The suit by Adams and his sister, Theresa, 47, contended that members of Teamsters Local 115 ended their anti-Clinton demonstration by beating them on Oct. 2, 1998. The suit contended that Rendell had earlier called Local 115's leader, John "Johnny" Morris, and requested a strong union presence at Clinton's City Hall appearance and that Teamsters should "drown out" anti-Clinton protesters.

(Excerpt) Read more at philly.com ...


TOPICS: Constitution/Conservatism; Front Page News; US: Pennsylvania
KEYWORDS: besttoyoudon; besttoyoutadams; donadams; fasteddie; filthydelphia; gangsters; howphillyworks; pennsylvania; philadelphia; philly; rendell; teamsters; teamsterthugs; unionamimals; uniongoons; unionthugs
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Bad news, all the way around, my friends. This one hurts.

This effectively ends all question of pursuing a civil rights complaint against...anybody. Rendell is officially off the hook.

According to the 3rd Circuit Court of Appeals, busing in thugs to beat political protesters into silence does not violate their civil rights.

For EIGHT YEARS Don and Teri Adams have fought this battle, now only to be told that their only remedy is to sue the small fry in state court for whatever they can get. The ringleaders skate away.

Rendell's powers are truly vast. He controls the courts, even reaching up to the Federal level. He's wildly popular. Politically, he seems invulnerable. Watch what opinions you express within his long reach.

I do have to say that the Inquirer article is fair and balanced. It's a pity I can't reproduce it in full here. Do follow the link.

There is also an article in the Legal Intelligencer: http://www.law.com/jsp/pa/PubArticleFriendlyPA.jsp?id=1169473054137. I do not recommend it. First, it requires a subscription. Second, it is badly written on a number of levels. Third, it links the Adamses, detrimentally, I think, with another case that was also coincidentally decided today. I mention it only for the historical record.


Don never asks me to do this, but they always, always need help with their legal bills. Financially, the last seven years have taken an inhuman toll on the both of them. If you care to help out, donations can be sent to:

The Adams Legal Defense Fund
P.O. Box 306,
Cheltenham, PA 19012


Most Recent articles:

GOV. RENDELL’S ROLE IN BEATING FOCUS OF CIVIL RIGHTS HEARING

Don and Teri Adams Background: Letter of Trey Mayfield to 3rd Circuit Court of Appeals

DON AND TERI ADAMS UPDATE: RENDELL'S "CLOSED CIRCUIT" MANEUVER

Don Adams Update: Third Circuit Asked to Recuse Itself in Suit Against Rendell

Don Adams Update: Urgent Help Needed on Appeal

Don Adams Update: Teamsters File Motion to Recover $62,673.46 in Fees and Costs

Summary of the 8/6/2003 Don Adams Decision, U.S. District Court

Anti-Clinton Protesters Lose in Suit Against Rendell


REMEDIAL SECTION:

Who-what-where:

There was I time on FreeRepublic when I didn't have to introduce the topic of Don Adams. Other than Whitewater, it was FreeRepublic's first cause celebre.

In as few words as I can bear to muster, this is what happened. On October 2, 1998, Don and his sister Teri were beaten by members of the Teamsters Union for the crime of protesting against Clinton in Philadelphia.

(I myself had been attacked by the same mob earlier in the day, and I witnessed the Adams incident. I reported the events on FreeRepublic. One famous result was that it prompted Jim Robinson to call for a march on Washington, DC, which drew around 4000 people on October 31, 1998, to demand Clinton's impeachment.)

The DA filed no charges, so Don and Teri Adams pursued private criminal complaints against two of the Teamsters (Kevin McNulty and Marc Nardone), along with Teamster Local 115 boss Johnny Morris. In response, the Teamsters filed charges against Don Adams. McNulty and Nardone copped a plea and got probation. Morris walked. Don Adams was subjected to the indignity of a trial, and was acquitted in July, 1999. Meanwhile, three other Teamsters were identified from video: Charlie Davis, Mark Hopkins, and Norma Bottomer. Don and Teri Adams filed another private criminal complaint, to which the defendants copped pleas and received probation.

In November of 1999, IBT President James Hoffa ordered that Teamsters Local 115 be placed into trusteeship, and that Johnny Morris be stripped of his powers, partly as a result of the Adams beating incident. Morris contested this bitterly until the end of his life.

The civil phase has been lurching along slowly since the end of the criminal phase.

Why you should care:

It is the business of Freepers to exercise our rights under the First Amendment. When we talk back to power, we have an expectation of being secure in our persons, in our property, and in our liberty. If Don and Teri Adams lose, none of these expectations are valid. It will mean that the men in power can silence us at will, without serious consequences. Five foot-soldiers of the totalitarians have received probation. That's something. But unfortunately Don and Teri have been made to pay a long series of terrible prices over the last five years, and much more lies ahead. I expect it to get worse for them before it gets better.

Would YOU be up to it?


LINKS:

Here is the Don Adams Page, back again in its full glory!

Civil Case:

My Affadavit For The Don Adams Civil Case
My Subpoena From Teamsters Local 115 (Don Adams Case)
Rendell Threatens to Walk During Deposition

Johnny Morris criminal case:

Court KOs Activist in Fight with Morris [DON ADAMS UPDATE]
DON ADAMS PRESS RELEASE: Criminal Complaint Against Teamster Leader John Morris Dropped

Davis, Hopkins, Bottomer criminal case:

Teamster Trio To Be Sentenced Today For Beating Clinton Protesters
Teamsters Sentenced to Probation in Adams Beating Case
3 Teamsters are Sentenced for Roughing Up Protester

McNulty and Nardone criminal case:

Pretrial hearing of Kevin McNulty and Marc Nardone, on February 10, 1999. Part 1  Part 2  Part 3  Part 4


1 posted on 01/23/2007 7:12:19 PM PST by Physicist
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To: Owl_Eagle; brityank; Physicist; WhyisaTexasgirlinPA; GOPJ; abner; baseballmom; Willie Green; Mo1; ..

ping


2 posted on 01/23/2007 7:13:08 PM PST by Tribune7 (Conservatives hold bad behavior against their leaders. Dims don't.)
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To: TAdams8591; Elle Bee; kuipo maui; phillyfilly; dirtboy; Jim Robinson; Doctor Raoul; abner; ...
Don and Teri Adams ping.

(If you want on or off this ping list, let me know.)

3 posted on 01/23/2007 7:13:50 PM PST by Physicist
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To: Physicist

"Nifonging" should properly be referred to as "Abrahaming", since Lynn was well ahead of Nifong with egregious prosecutorial abuse.


4 posted on 01/23/2007 7:15:15 PM PST by dirtboy (Duncan Hunter - I still like ya, but please read the 10th and get back to me regarding Congr pardons)
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To: dirtboy

Just wait til Hillary is president too. No one will be safe.


5 posted on 01/23/2007 7:18:26 PM PST by TNCMAXQ
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To: Physicist
This stinks.
Bump!
6 posted on 01/23/2007 7:20:22 PM PST by Jean S
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To: Physicist
Union goons and dimocraps are exempted from compliance with the laws of the land.
7 posted on 01/23/2007 7:25:33 PM PST by F.J. Mitchell (Fear of destroying those openly committed to destroying you, indicates a suicidal self loathing.)
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To: Physicist

Bad news. Very sorry to hear it, and thanks for the update.

It seems clear that Rendell is a very capable machine-type politician of the corrupt old school, so this doesn't entirely surprise me, although it's certainly very disappointing when justice is not done.

I do think that Don Adams' brave fight for justice has helped protect other Freepers who have protested since then but have not been similarly attacked, as they might have been. I'm sure the experience has been unpleasant for the Teamsters involved, and deservedly so.


8 posted on 01/23/2007 7:26:29 PM PST by Cicero (Marcus Tullius)
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To: Physicist

As usual Physicist, a job perfectly done! : ) Thank you!


9 posted on 01/23/2007 7:27:26 PM PST by TAdams8591
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To: Physicist

Thanks for the update, as painful as it is. Sucks.


10 posted on 01/23/2007 7:28:49 PM PST by CounterCounterCulture (No justice, no peace)
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To: Physicist

I'm very sorry to hear this news. It's very sad to see how corrupted some courts are.


11 posted on 01/23/2007 7:30:21 PM PST by tgslTakoma
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To: La Enchiladita

In answer to a post the other day ping!


12 posted on 01/23/2007 7:31:39 PM PST by TAdams8591
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To: Physicist

This ruling is wrong. However, it is a good example of things to come if Hillary and the Democrat/Union group get back in power. (Which is happening right now and gradually)


13 posted on 01/23/2007 7:34:17 PM PST by vetvetdoug
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To: TAdams8591; Physicist

Thanks.


14 posted on 01/23/2007 7:41:43 PM PST by PGalt
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To: Physicist

They wuz robbed.

< |:(~


15 posted on 01/23/2007 7:42:18 PM PST by martin_fierro
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To: Physicist
Rendell's powers are truly vast. He controls the courts

Off topic, but you have not seen anything yet. Just wait until Her Majesty gets elected. I'm practicing bowing as we speak.

16 posted on 01/23/2007 7:45:44 PM PST by staytrue
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To: Physicist

The modern Left has favored the Law of Man for more than a century.

You essentially have two schools of legal thought:
#1, the Law of Man (meaning that it matters *who* is being charged with a crime, e.g. a British "commoner" making an accusation against an English Lord would be treated differently than if a Lord was accusing a Lord)

or

#2, the Rule of Law (meaning that laws apply equally to all and that no one of any "class" has any advantage in Court, e.g. a celebrity, a Lord, a government official/officer, ordinary citizen, etc.)

As patriotic Americans, FReepers think in terms of the latter, the Rule of Law. From that viewpoint the ruling today was a travesty.

However, the Left views these events entirely differently. Morris was stripped of his union leadership. 5 union goons were slapped with Guilty verdicts. Lord Rendell was deposed.

And in the meantime, union leadership, union finances, union membership, and union clout have declined.

Thus, unions are not as strong today as they were in the previous decade. Their ability to coerce declines each week.

Which is to say that the Adams have served to smite the unions in the first place while giving us 8 or more needed years of covering fire in the meantime.

True, unions may be emboldened by the Federal ruling today, but being emboldened when you are *weaker* is just begging to become overextended and vulnerable.


17 posted on 01/23/2007 7:46:17 PM PST by Southack (Media Bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: Physicist

Thanks for posting this and for keeping up with the case.


Sad, disheartening outcome. As you so well state, it means ". . .that the men in power can silence us at will, without serious consequences."

I hope the Don and Teri keep after them!


18 posted on 01/23/2007 7:52:43 PM PST by Taxman (So that the beautiful pressure does not diminish!)
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To: Physicist

It sucks. I know the goons, I've stood nose to nose with them. And I know who brought the goons in that time. It's tough to fight the powers that be man but the Adam's have my utmost respect for doing their best.


19 posted on 01/23/2007 7:58:11 PM PST by jwalsh07 (Duncan Hunter for President)
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To: Physicist
Well, Don. No one can say you didn't give this your whole effort. You fought a corrupt, immoral system with courage, dignity, and perseverence.

You lost.

But you won more by losing that they did by winning. You're a big part of the reason Free Republic is here today.

The cause of Liberty has always had its martyrs. You're one of the lucky ones who's still alive to enjoy the glory.

I, for one, appreciate your sacrifice.

20 posted on 01/23/2007 8:02:49 PM PST by IronJack (=)
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To: Physicist; TAdams8591

So sorry to hear this......Teri & Don deserve justice!

This is a terrible outcome.....


21 posted on 01/23/2007 8:06:04 PM PST by JulieRNR21
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To: Physicist

Wow.


22 posted on 01/23/2007 8:09:51 PM PST by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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To: IronJack
You know it wasn't just Don's effort or sacrifice. It was an equal endeavor by BOTH of us. But I know it's hard for some male conservatives to acknowledge the contributions of women, a tendency, btw, Don doesn't share. Neither did the man who raised him.
23 posted on 01/23/2007 8:24:44 PM PST by TAdams8591
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To: JulieRNR21
It is very bad, most of all, for the First Amendment.

Apparently, the political speech of some Americans is more protected than the political speech of other Americans.

24 posted on 01/23/2007 8:28:15 PM PST by TAdams8591
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To: TAdams8591; Physicist

Thanks for the update; so sorry about the outcome.


25 posted on 01/23/2007 8:57:49 PM PST by Angelwood (FReepers are Everywhere! We Support Our Troops! (Hillary's Vast Rt Wg Conspiracy))
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To: Physicist; Gelato

Don Adams bump!


26 posted on 01/23/2007 9:13:09 PM PST by EternalVigilance (For babies, the threat from terrorists pales next to the threat from Planned Barrenhood knives)
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To: Physicist

Sick. Just sick.

Thanks for the ping.

I want our country back.


27 posted on 01/23/2007 9:14:55 PM PST by abner (I have no tagline, therefore no identity.)
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To: TAdams8591; Physicist

You have my respect, and my thanks.

In a day when the tactics of the Left turn more and more toward violence and intimidation, you're an inspiration. One of these days, everyone is going to have to fight back, or submit themselves to slavery or death...not just for themselves, but for their families and everyone they know.


28 posted on 01/23/2007 9:17:25 PM PST by EternalVigilance (For babies, the threat from terrorists pales next to the threat from Planned Barrenhood knives)
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To: vetvetdoug

OTOH, this ruling also provides US with some badly-needed guidance as to dealing with protesters.

It would seem to work both ways...


29 posted on 01/23/2007 9:27:50 PM PST by Redbob
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To: TAdams8591; Physicist
Contrast and compare to the DukeLAX case.

Local prosecutors have incredible power over those in their domain.

In Philly the prosecutor allows six plea bargains for nothing but a promise to stay out of the way of the local police - probation. Probation isn't fun but it is much easier than a guilty plea and jail.

In Durham the prosecutor decides to prosecute for nothing less than a life sentence for those students. Even now politics outshines the law in NC.

Maybe including Mayor for Life (what, now Gov'nor) Rendell in a civil rights suit gave them an out to dismiss. But why dismiss the legal claim against the Teamsters? Guilty pleas and testimony showed that they were directly involved in suppressing First Amendment Rights.

The oppressors of Liberty are not just at the national level but can be found to every big-headed local politico that fancies himself someone special.

For those that don't know:

Don Adams does not post here, but was assaulted for protesting the Chief Prevaricator on a Philly visit

Terri Adams is TAdams8591 (the sister) who was there during the assault. I believe that she shielded her brother to keep him from being severely beaten (it was pretty bad as it was).

physicist is Dr. Sterner who witnessed the assault and has helped all of us keep up with the case.
30 posted on 01/23/2007 9:31:33 PM PST by texas booster (Join FreeRepublic's Folding@Home team (Team # 36120))
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To: Physicist

This stinks. One more reason to keep your powder dry.


31 posted on 01/23/2007 9:32:54 PM PST by Larry Lucido
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To: TAdams8591

My condolences.


32 posted on 01/23/2007 9:34:36 PM PST by Youngstown
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To: Physicist; TAdams8591
Thanks for the ping.

Yahn's summary judgment seems to rely on his making a factual decision. Here it is:

""But the evidence, Yohn said, showed that "Rendell believed the union's violent reputation only extended to labor disputes and he had no knowledge of the organization behaving violently during political demonstrations."

The fact that they had never been caught engaged in politically motivated violence is irrelevant. It's also irrelevant that Yahn noted no one produced evidence that Rendell threw any punches also. It's a civil trial and findings of fact are to be determined by a jury. What is relevant is that their tool box was well known, especially to Rendell, to contain intimidation, coercion, unjustified violence, corruption, conspiracy, retaliation, ect...

From the stories, I take it that their presence at the event was a commanding presence. IOWs, they took up positions to greet the the opposition protesters and had a major influence on the mood and level of confrontation in the interactions. Out of the 50 groups Rendell is said to have "invited", Local 115 was right up front?

I presume the attys would have been able to present to the jury evidence that Rendell knew that his simple command, not to be violent would be wholly insufficient. That Labor and Politics is intimately connected and this event was intended by Rendell, to be an emotionally high intensity event. That means Yahn didn't make a simple error, he decided the facts in the case. It also means that the appeals court blessed that finding of fact. That Labor and Politics are not connected and that Rendell's invitation was simply to all peace loving Ds in general.

Rendell's actions in the matter after the event, contradict his claims about not wanting violence at the event and indicate, that he had no problem with it whatsoever. IMO, both Yahn and the 3rd Circuit made a finding of fact for political purpose.

They suck.

33 posted on 01/23/2007 10:15:58 PM PST by spunkets
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To: Physicist

Thanks for the ping!


34 posted on 01/23/2007 10:16:32 PM PST by Alamo-Girl
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To: spunkets
He agitated the damn goons by telling them he wanted the oppositions voice drowned out! Typical friggin' rat op. Harass, intimidate, and if that don't work, beat 'em.Yahn and the 3rd circus, a bunch of clowns.
35 posted on 01/23/2007 10:22:02 PM PST by spunkets
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To: Physicist; TAdams8591
Thanks for the ping Doc.

I've given money to the Adams' defense and they are on the "What if I win the lottery list." in the Shrew household. I wish I could do more. I appreciate their efforts and yours.

Regards,

TS

36 posted on 01/23/2007 10:38:02 PM PST by The Shrew (www.swiftvets.com & www.wintersoldier.com - The Truth Shall Set YOU Free!)
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To: texas booster; TAdams8591
Terri Adams is TAdams8591 (the sister) who was there during the assault. I believe that she shielded her brother to keep him from being severely beaten (it was pretty bad as it was).

You could very well be right. There is still a double standard in the US only this is a good one. Most people, even union goons, are reluctant to beat up a woman.

37 posted on 01/23/2007 11:19:21 PM PST by staytrue
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To: BillF

ping


38 posted on 01/23/2007 11:22:16 PM PST by staytrue
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To: bmwcyle; Apple Blossom

Is this the case you were telling me about?


39 posted on 01/23/2007 11:43:46 PM PST by Just A Nobody (I - LOVE - my attitude problem! NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: Physicist; Jim Robinson
Thanks for the update, old friend. I appreciate it! The 'Don and Teri' story galvanized a lot of us back then. It's still a damn shame that most of those rotten bastards got away with it.

"District Attorney Lynne M. Abraham" Starts with a 'c', and rhymes with 'hunt'. ............... FRegards

40 posted on 01/24/2007 12:04:19 AM PST by gonzo (I'm not confused anymore. Now I'm sure we have to completely destroy Islam, and FAST!!)
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To: Tribune7

How many on your ping list have been banned? I noted Willie Green.


41 posted on 01/24/2007 12:30:55 AM PST by streetpreacher (What if you're wrong?)
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To: Physicist
This outcome was almost a foregone conclusion.
A valiant effort, nonetheless.
42 posted on 01/24/2007 1:57:55 AM PST by philman_36
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To: Just A Nobody

Yes


43 posted on 01/24/2007 4:51:52 AM PST by bmwcyle (If no one buys illegal drugs, we win the war on drugs)
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To: TAdams8591
Believe me, my use of "you" was meant to be inclusive. In many ways, I suspect you suffered more than he, certainly as much. I in no way intended to slight YOUR contribution or sacrifice.

FReeper women are the anvil. All we are is the hammer.

44 posted on 01/24/2007 5:06:55 AM PST by IronJack (=)
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To: bmwcyle

Really sorry to hear this abomination.


45 posted on 01/24/2007 5:25:53 AM PST by Just A Nobody (I - LOVE - my attitude problem! NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: Letaka

Wow, never knew this.


46 posted on 01/24/2007 5:40:46 AM PST by Shimmer128 (We have only this moment, sparkling like a star in our hand and melting like a snowflake)
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To: streetpreacher
Someone told me about Willie earlier and I meant to take him off.

He's off.

I don't know of anyone else who has been banned.

47 posted on 01/24/2007 6:04:25 AM PST by Tribune7 (Conservatives hold bad behavior against their leaders. Dims don't.)
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To: Physicist

This is really a blast from the past. I am sorry it has ended so badly.


48 posted on 01/24/2007 7:41:56 AM PST by Straight Vermonter (It takes a school to bankrupt a village.)
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To: Shimmer128

Old story, and forgotten by most. Having dealt with Teamsters in negotiations this is typical and fits them. They were always interested in just one thing, members dues.


49 posted on 01/24/2007 9:17:53 AM PST by Letaka
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To: Physicist; staytrue; Tribune7; TNCMAXQ; JeanS; F.J. Mitchell; Cicero; CounterCounterCulture; ...
"This effectively ends all question of pursuing a civil rights complaint against...anybody. Rendell is officially off the hook."

It appears the courts have blocked us from any more pursuit of civil violations at the FEDERAL level. However, they can still be pursued at the state level and Rendell can still be held accountable there.

50 posted on 01/24/2007 9:52:22 AM PST by TAdams8591
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