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Post 0

Wednesday, June 30, 2010 - 8:04amSanction this postReply
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TAIWAN LCD PRODUCER AGREES TO PLEAD GUILTY AND PAY
$30 MILLION FINE FOR PARTICIPATING IN LCD PRICE-FIXING CONSPIRACY

Fines Obtained in LCD Investigation Total More Than $890 Million
WASHINGTON — A Taiwan thin-film transistor-liquid crystal display (TFT-LCD) panel producer and seller has agreed to plead guilty and to pay a $30 million criminal fine for its role in a global conspiracy to fix the prices of TFT-LCD panels, the Department of Justice announced today.

http://www.justice.gov/atr/public/press_releases/2010/260175.htm

... meanwhile, in local news ...

June 29, 2010, 05:40 PM ET

Inaccessible E-Readers May Run Afoul of the Law, Feds Warn Colleges (link)

Feds to colleges: If you require students to use electronic-book readers that blind people can't access, you may be running afoul of the law.

That was the message of a letter released to college presidents Tuesday by the U.S. Departments of Education and Justice.

"It is unacceptable for universities to use emerging technology without insisting that this technology be accessible to all students," the letter warns.

The move comes after two national organizations representing the blind sued Arizona State University over its use of the Kindle. The groups had also asked the Justice Department's Civil Rights Division to investigate whether e-book practices at several universities violated the rights of blind students under the Americans With Disabilities Act. In January, a series of agreements were announced in which universities pledged not to use Amazon's Kindle or any similar devices "unless the devices are fully accessible to students who are blind and have low vision."
Of the e-readers produced by four companies—Amazon, Barnes & Noble, Sony, and Apple—only Apple's iPad can be used by blind people, said Chris Danielsen, a spokesman for the National Federation of the Blind.


Post 1

Saturday, July 17, 2010 - 8:28amSanction this postReply
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Defendants Allied and Republic are the nation's second and third largest waste hauling and disposal companies, respectively.  They each provide small container commercial waste collection, which entails hauling waste in "dumpsters" - containers with between one and ten cubic yards of storage - from commercial and industrial sites to transfer stations or disposal sites. They each also dispose of municipal solid waste ("MSW") - "solid putrescible waste generated by households and commercial establishments" - in landfills or incinerators. On January 22, 2008, Republic entered into a stock purchase agreement to acquire Allied. After a detailed investigation of the proposed transaction, in which the government reviewed "documents and information from the merging parties and others and conducted more than 600 interviews with customers, competitors, and other individuals knowledgeable about the industry[,]" the government concluded that the merger would have anticompetitive effects.
From the Memorandum Opinion.  More files here:
http://www.justice.gov/atr/cases/republic2.htm


Post 2

Tuesday, July 20, 2010 - 7:56amSanction this postReply
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Cheese packagers ordered to divest.

Background:
2. Bemis and Alcan are the two leading suppliers in the United States and Canada of flexible packaging products suitable for a variety of natural cheese products packaged for retail sale. Bemis and Alcan are also two of the three primary suppliers of shrink bags for fresh-meat packaging in the United States and Canada.
3. The proposed acquisition would eliminate competition between Bemis and Alcan, which for some customers are the two best sources of flexible packaging for certain natural cheese products. The proposed acquisition likely also would reduce competition substantially in the highly concentrated market for shrink bags for fresh-meat packaging. As a result, the proposed acquisition likely would substantially lessen competition in the development, production, and sale of flexible packaging and associated services for chunk, sliced, and shredded natural cheese packaged for retail sale and for fresh meat in the United States and Canada in violation of Section 7 of the Clayton Act, 15 U.S.C. § 18.
Final judgment.
WHEREAS, Plaintiff United States of America ("United States") filed its Complaint on February 24, 2010, the United States and defendants Bemis Company, Inc., Rio Tinto plc, and Alcan Corporation, by their respective attorneys, have consented to the entry of this Final Judgment without trial or adjudication of any issue of fact or law, and without this Final Judgment constituting any evidence against or admission by any party regarding any issue of fact or law;
AND WHEREAS .. 
AND WHEREAS ...
AND WHEREAS... 
AND WHEREAS ...  
NOW THEREFORE, before any testimony is taken, without trial or adjudication of any issue of fact or law, and upon consent of the parties, it is ORDERED, ADJUDGED, AND DECREED:

Full text of final judgment here.


Post 3

Tuesday, July 27, 2010 - 8:03pmSanction this postReply
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defendants required to create a new competitor

 
The proposed Final Judgment requires defendants to create a new competitor for vessel stimulation services by divesting their interests in two specially-equipped stimulation vessels,
On April 27, 2010, the United States filed a civil antitrust Complaint alleging that the $5.5 billion proposed merger of Baker Hughes Incorporated ("Baker Hughes") with BJ Services Company ("BJ Services") would substantially lessen competition in the provision of vessel stimulation services in the U.S. Gulf of Mexico ("Gulf") in violation of Section 7 of the Clayton Act, as amended, 15 U.S.C. § 18. Vessel stimulation services are pumping services provided by specially equipped vessels designed to prevent formation sand from entering the wellbore after a well has been drilled and interfering with the flow of oil and natural gas. The Complaint alleges that Baker Hughes and BJ Services are two of only four companies that provide vessel stimulation services in the Gulf and compete directly on price and quality of services. As alleged in the Complaint, the transaction would eliminate this competition. The merged firm and the two other firms providing vessel stimulation services in the Gulf would likely compete less aggressively, leading to higher prices and a reduction in service quality. Accordingly, the Complaint seeks to permanently enjoin Baker Hughes' merger with BJ Services as a violation of Section 7 of the Clayton Act.
http://www.justice.gov/atr/cases/f260700/260747.htm



Post 4

Wednesday, July 28, 2010 - 9:22amSanction this postReply
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Michael:

Cheese packagers ordered to divest.

I see an opportunity with that one: T-Shirts.

Screw Che; come the Revolution, The People will be Free of the Oppression of totally out of control ... Cheese packagers.

Not since they reined in the ... Swiss cosmetics cartel ... have The People been so well served by our government watchdogs, keeping the world safe from domination by ... cheese packagers and nose powderers.

It's a dirty, filthy job, but somebody has to pretend to be doing it while they are RUNNING THE ECONOMY.

regards,
Fred




Post 5

Wednesday, July 28, 2010 - 9:23amSanction this postReply
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Former Morgan Crucible CEO convicted

The department said that Norris conspired with his subordinates to obstruct the grand jury's investigation. Morgan Crucible employees conspired with Norris to create a false script that employees of both Morgan Crucible and a competitor were to follow when questioned in the investigation. Also, a document destruction task force was formed to collect and destroy or conceal documents from the grand jury, the department said.

"The Antitrust Division uncovered this elaborate and egregious obstruction of justice scheme," said Christine Varney, Assistant Attorney General in charge of the Department of Justice's Antitrust Division. "Today's verdict holds Norris accountable for his actions and sends a message that corporate leaders must promote a culture of law abiding conduct within their companies or be prepared to face stiff prison sentences. The Antitrust Division will remain vigilant in protecting the integrity of its criminal investigations from obstruction in order to effectively carry out its mandate to protect American businesses and consumers from price-fixing cartels."

http://www.justice.gov/atr/public/press_releases/2010/260826.htm


Post 6

Wednesday, July 28, 2010 - 10:49amSanction this postReply
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Michael:

Yikes. It reads like they got caught trying to defend themselves from an out of all control 'department of social justice.'

What was their crime, exactly? Defending themselves from Jalvert Jr.?

The manufacture of carbon seals is once again free flowing and not dominated by ... who? Morgan Crucible?

A John Crane or Koppers might think so; but not a Borg Warner.

Not room in the free world of 'carbon seals' for a Morgan Crucible, John Crane, Koppers, and Borg-Warner, for a 'Morgan Crucible' telling 'stories' to an out of all control DosJ? You know, if the DosJ aparatchiks would just stay home, there would be no need to 'make up stories' to tell them when they show up not helping a single soul on earth do anything useful.

I'd have ' a story' too, for clueless PolitSci busybodies on a political rampage to implement their pet Soc. grad school theories on the world: "Take a hike."



Post 7

Thursday, July 29, 2010 - 5:03amSanction this postReply
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Disability laws applied to websites?

From "Wired Campus" email letter of The Chronicle of Higher Educution.
Justice Department Weighs Putting Web Sites Under Disability Rules
The modern Internet did not exist when the Americans With Disabilities Act was enacted in 1990. Now the Justice Department is weighing changes to bring the landmark civil-rights law in line with the rise of the Web—a debate that could have implications for colleges.
The department this week announced that it is considering revising ADA regulations "to establish specific requirements for state and local governments and public accommodations to make their Web sites accessible to individuals with disabilities."
More here




Post 8

Monday, August 2, 2010 - 9:39amSanction this postReply
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Ticketmaster to license host platform.

As part of the Final Judgment in US and Plaintiffs vs. Ticketmaster and Live Entertainment, the two firms will not be allowed to merge until Ticketmaster arranges for someone else to take its private label ticketing.

Final judgment here:
http://www.justice.gov/atr/cases/f260900/260909.htm

More than enough to make you sick here:


Post 9

Monday, August 9, 2010 - 10:25amSanction this postReply
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Northwest Airlines pleads guilty to price-fixing

According to the charge, Northwest Airlines Cargo carried out the conspiracy by agreeing during meetings, conversations and communications on certain components of cargo rates for shipments on routes between the United States and Japan ...  ...  in violation of the Sherman Act, which carries a maximum fine of $100 million for corporations. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
Including today’s charge, as a result of this investigation, a total of 16 airlines have pleaded guilty or have agreed to plead guilty i...   To date, more than $1.6 billion in criminal fines have been imposed and four executives have been sentenced to serve prison time. Charges are pending against a fifth executive.

Read as much as you can stand here:
http://www.justice.gov/atr/public/press_releases/2010/260906.htm


Post 10

Saturday, November 20, 2010 - 1:18pmSanction this postReply
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Antitrust Division Criminal Enforcement Data

Remarks by CARL SHAPIRO
Deputy Assistant Attorney General for Economics
Antitrust Division
U.S. Department of Justice
to the American Bar Association
Washington DC November 18, 2010

Cartels are anathema to properly functioning free markets. Accordingly, the Division continues to focus on rooting out and prosecuting cartels and other collusive agreements.

A quick look at the criminal enforcement statistics tells this story persuasively. During Fiscal Year 2010, which ended September 30, the Division filed 60 criminal cases and obtained fines in excess of roughly $550 million. In these cases, 84 corporate and individual defendants were charged. Of the individual defendants sentenced, 76% were sentenced to imprisonment. The average sentence was 30 months and total jail time for all defendants was about 26,000 days. Foreign nationals were sentenced to an average of 10 months in prison. The incarceration of foreign nationals who participated in cartels that were detrimental to the United States and its consumers continues to be a priority of the Division, despite the additional challenges that can arise in such cases.
Read as much as you can stand here:
http://www.justice.gov/atr/public/speeches/264295.pdf


Post 11

Wednesday, December 8, 2010 - 6:23amSanction this postReply
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This document is available in three formats: this web page (for browsing content), PDF (comparable to original document formatting), and WordPerfect. To view the PDF you will need Acrobat Reader, which may be downloaded from the Adobe site. For an official signed copy, please contact the Antitrust Documents Group.


U.S. Department of Justice Seal and Letterhead
FOR IMMEDIATE RELEASE
TUESDAY, DECEMBER 7, 2010
WWW.JUSTICE.GOV
AT
(202) 514-2007
TDD (202) 514-1888


PRESIDENT OF IOWA READY-MIX CONCRETE COMPANY PLEADS GUILTY TO PRICE FIXING
WASHINGTON — The president of an Iowa ready-mix concrete company pleaded guilty yesterday to participating in a conspiracy to fix prices for sales of ready-mix concrete, the Department of Justice announced today.
According to a one-count felony charge filed on Nov. 30, 2010, in U.S. District Court in Sioux City, Iowa, Chad Van Zee, the president of a ready-mix concrete company located in Rock Valley, Iowa, participated in a conspiracy to fix prices for sales of ready-mix concrete in the Northern District of Iowa beginning as early as January 2006 and continuing until as late as August 2009.
According to the charge, Van Zee participated in a conspiracy in which he and Steven Keith VandeBrake, a former executive of another ready-mix concrete company, discussed and reached agreements regarding annual price increases for ready-mix concrete, sold ready-mix concrete at collusive and noncompetitive prices, and accepted payment for those sales. Under the plea agreement filed today, Van Zee has agreed to cooperate with the department's ongoing antitrust investigation. In May 2010, VandeBrake pleaded guilty and agreed to serve 19 months in prison for participating in three separate conspiracies to fix prices and rig bids for sales of ready-mix concrete.
Ready-mix concrete is a product whose ingredients include cement, aggregate (sand and gravel), water and other additives. The concrete generally is produced in a concrete plant and is transported by concrete-mixer trucks to work sites, where it is used in various types of construction projects, including buildings and roads.
Van Zee is charged with violating the Sherman Act, which carries a maximum penalty for individuals of 10 years in prison and a $1 million fine. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
Van Zee is the third individual to plead guilty in an ongoing federal antitrust investigation of the ready-mix concrete industry in Iowa and its surrounding states. The investigation is being conducted by the Department of Justice Antitrust Division's Chicago Field Office, the FBI's Sioux City Resident Agency and the U.S. Department of Transportation's Office of Inspector General, with the assistance of the U.S. Attorney's Office in Sioux City, Iowa.
Anyone with information concerning bid rigging, price fixing or territorial allocation related to the ready-mix concrete industry in Iowa and its surrounding states should contact the Antitrust Division's Chicago Field Office at 312-353-7530 or visit www.justice.gov/atr/contact/newcase.htm.

# # #
10-1394



Post 12

Sunday, April 10, 2011 - 6:18amSanction this postReply
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This is involuntary servitude.

JUSTICE DEPARTMENT REQUIRES GOOGLE INC. TO
DEVELOP AND LICENSE TRAVEL SOFTWARE IN ORDER TO
PROCEED WITH ITS ACQUISITION OF ITA SOFTWARE INC.

 

Mandatory Licensing, Research and Development Commitments and Firewall Requirements Will Preserve Competition in Online Airfare Search in the United States

WASHINGTON — The Department of Justice announced today that in order for Google Inc. to proceed with its proposed acquisition of ITA Software Inc., the department will require Google to develop and license travel software, to establish internal firewall procedures and to continue software research and development. The department said that the proposed settlement will protect competition for airfare comparison and booking websites and ensure those websites using ITA’s software will be able to power their websites to compete against any airfare website Google may introduce. The department said that the acquisition, as originally proposed, would have substantially lessened competition among providers of comparative flight search websites in the United States, resulting in reduced choice and less innovation for consumers.

http://www.justice.gov/atr/public/press_releases/2011/269589.htm

Talk about subjective law. 
 


Post 13

Sunday, April 10, 2011 - 9:07amSanction this postReply
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Bullshit. That's like saying the developers of Adobe Illustrator may favor some artists over others, or the developers of WOW may favor some on-line gamers over others.  What crap! 

Post 14

Sunday, April 10, 2011 - 12:28pmSanction this postReply
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That's awful, and the press won't take this issue and bring it to people's attention.

I wonder if the top executives at Google, who have been such gung-ho, ardent supporters of Obama are still thinking that "progressivism" is a shining ideal now that they are being forced to participate in the redistribution of wealth, liberation from the heavy chains of property rights and made into supporters of social justice?



Post 15

Tuesday, August 9, 2011 - 9:37amSanction this postReply
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It would seem simple, if wrong-headed, but anti-trust action quickly becomes intractable, if not incomprehensible.

Start is with this:
UNITED STATES OF AMERICA  v. H&R BLOCK, INC.
 Last year, approximately 140 million Americans filed their tax returns with the Internal Revenue Service (“IRS”).  Increasingly, taxpayers are choosing to prepare their U.S. federal and state tax returns using digital do-it-yourself tax preparation products (“Digital DIY Tax Preparation Products”), either over the Internet or on their desktop computers.  Last year, an estimated 35 to 40 million taxpayers filed their taxes using Digital DIY Tax Preparation Products.  In the U.S. Digital DIY Tax Preparation Product market, the three largest firms service approximately 90% of all consumers.  H&R Block’s proposed acquisition of TaxACT, if allowed to proceed, would combine the second- and third-largest providers in that market and essentially create a duopoly.  The proposed acquisition would (1) eliminate aggressive head-to-head competition between H&R Block and TaxACT, and (2) increase the likelihood that the two remaining significant providers would substantially reduce competition through successful coordination; both in violation of Section 7 of the Clayton Act, 15 U.S.C. § 18.
 
And then take on this:

United States District Court, N.D. California, San Jose Division. HYNIX SEMICONDUCTOR INC., Hynix Semi-conductor America Inc., Hynix Semiconductor U.K. Ltd., and Hynix Semiconductor Deutschland GmbH, Plaintiffs, v. RAMBUS INC., Defendant. Rambus Inc., Plaintiff, v. Hynix Semiconductor Inc., Hynix Semiconductor America Inc., Hynix Semiconductor Manufacturing America Inc., Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung Semiconductor, Inc., Sam-sung Austin Semiconductor, L.P., Nanya Technology Corporation, Nanya Technology Corporation U.S.A., Defendants. Rambus Inc., Plaintiff, v. Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung Semiconductor, Inc., Sam-sung Austin Semiconductor, L.P., Defendants. Rambus Inc., Plaintiff, v. Micron Technology, Inc., and Micron Semiconductor Products, Inc., Defendants.

Dr. Richard Gilbert, the Manufacturers' jointly retained economics expert, filed his report. Dr. Gilbert identifies six spe-cific technology markets that he concludes Rambus has monopolized: latency technology, burst length technology, data acceleration technology, clock synchronization technology, precharge technology, and write latency technology. See Luedtke Decl., Ex. A, at ¶ 60 (hereinafter "Gilbert report"). Despite Hynix's allegations that Rambus monopolizes the markets for DRAM and logic chips, Dr. Gilbert does not identify any relevant product markets. Dr. Gilbert also does not attest to any of the more general technology market allegations made in the Manufacturers' pleadings.

Links to links here:
http://www.justice.gov/atr/cases/handrblock.html
 
 


Post 16

Saturday, June 16, 2012 - 4:29amSanction this postReply
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International competition law and enforcement do not, of course, exist in a vacuum. They reflect the increasingly connected and globalized world in which we all live. Anyone who walks down an average city street in Europe, North America, China, Japan or elsewhere today and counts the number of people talking into or typing on their smart phones cannot deny one indisputable fact of modern life – we all communicate a great deal more often and with a greater number of people than ever before. This is true among competition agencies as well.

Indeed, the number of competition agencies around the world has increased exponentially, from 20 or so in 1990 to roughly 130 today. The proliferation of competition regimes – and agencies – is attributable to a number of political and economic changes around the world.  They have resulted in the globalization of competition law and enforcement, where the BRICS nations (Brazil, Russia, India, China and South Africa) and others now have significant involvement.

It is not only the amount and extent of communication between competition agencies that is proliferating: the instruments that facilitate that communication are also changing and increasing.

Bilateral relationships are an important facet of international cooperation. The Antitrust Division’s bilateral arrangements take multiple forms, ranging from mutual legal assistance treaties (MLATs), which have the force of law, to cooperation agreements, to memoranda of understanding (MOUs). We also have agreed to best practices and guidance documents with some agencies.

The United States is party to approximately 70 MLATs, which are treaties of general application under which the United States and another country agree to assist one another in criminal law enforcement matters, generally, though not always, including antitrust matters.

"The Many Facets of International Cooperation at the Antitrust Division," by Rachel Brandenburger, Special Advisor, International Antitrust Division, U.S. Department of Justice. Remarks as Prepared for International Bar Association Midyear Conference Madrid, Spain June 15, 2012.


Post 17

Monday, July 16, 2012 - 12:24pmSanction this postReply
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Both Ludwig von Mises and Milton Friedman supported the anti-trust powers of government. We here take exception to that, asserting it to be a contradiction of fundamental principles.

United States
v.
Apple, Inc., Hachette Book Group, Inc., HarperCollins Publishers L.L.C., Verlagsgruppe Georg Von Holtzbrinck GmbH, Holtzbrinck Publishers, LLC d/b/a Macmillan, The Penguin Group, A Division of Pearson PLC, Penguin Group (USA), Inc., and Simon & Schuster, Inc.

The initial complaint of April 12, 2012 is here:
http://www.justice.gov/atr/cases/f282100/282135.pdf

New rules requiring disclosures appended and amended here:
http://www.justice.gov/atr/cases/f285000/285031.pdf

Even if they were able to hold the price of e-books to above $9.99, the consequences of the restraint would be devastating in the marketplace. Not a consiprator is The Levine imprint of Scholastic Books. So? Ah, they publish Rowling's "Harry Potter" series. In short, hundreds of publishers exist representing thousands of authors. Any "restraint" is illusory, at best. Among the newest trends are the many internet entrepreneurs publishing their own works for 99cents each.

The unseen is always the demise of the pretense of knowledge.



Post 18

Monday, July 16, 2012 - 2:08pmSanction this postReply
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The restraint is not as illusory as one might imagine.  Those of us who have switched to e-books almost exclusively feel the pain.  The publishers named represent a large percentage of the most popular titles.  It's frustrating to pay more for an e-book than for a softback knowing that the e-book costs significantly less to produce.  Add to that the other inherent restrictions you get with e-books that you don't with physical books, and it's a Kindle-lover's worst nightmare.  I read a lot of self-published authors these days as well as books from the public domain.


Post 19

Tuesday, July 17, 2012 - 10:04amSanction this postReply
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Deanna:

I read a lot of self-published authors these days as well as books from the public domain.

Then you are just the reader I'm looking for.

I wrote something for fun a few years ago, here is a free link: http://www.sfwx.com/rttd/Running Through The Dark.pdf


There is a description here:

http://rebirthofreason.com/Spirit/Books/283.shtml

I also see you are from down 'Nawlins way; there is a chapter set in Bay St Louis/Waveland, on the Gulf Coast, though the story takes place mostly in and around Philadelphia, in the 70s.

It may not be your cup of tea, but that is the benefit of free books! You can always hit delete if it doesn't hold your interest. (I will be crushed, but it won't be the first time.)

It is about an eventual confrontation between a serial killer and another younger man, a twentysomething. It starts off kind of dark, but bear with it, it will kind of lighten up..and then get darker...and then lighten up. And so on. It is not really political; it was mostly self therapy. I wrote it for fun. It's just an odd little story.

If you do wade through it, all I ask is that you give me Hell afterwards for suggesting it, let me know what you liked and did not like, hopefully there is some of each and not too much of some.

So far, women tend to like it more than men. I don't know why, but that is OK, because women are basically the last large group of humans left who read anymore...

regards,
Fred






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