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Appeals court ruling favors Terri Schiavo's parents
Boston Glob ^ | 1/13/04 | staff

Posted on 02/13/2004 8:43:19 AM PST by CFW

Appeals court ruling favors Terri Schiavo's parents

The Associated Press Published on: 02/13/04

TAMPA, Fla. -- Gov. Jeb Bush and the parents of a severely brain-damaged woman won two appellate court victories Friday in their quest to keep her alive against her husband's wishes.

The 2nd District Court of Appeal ruled that Bush's attorneys will be allowed to question witnesses in the court battle over a law that gave the governor authority to reinsert Terri Schiavo's feeding tube after her husband had it removed in October.

The appeals court also ruled that Pinellas Circuit Court Judge W. Douglas Baird did not follow judicial rules when he denied her parents, Robert and Mary Schindler, the ability to intervene in the constitutional challenge to the law.

The appeals court ordered Baird to hold further proceedings on the issue.

Schiavo's husband, Michael, has been battling the Schindlers in court for years to remove Terri's feeding tube so she can die. He says she would not have wanted to be kept alive artificially.

The Schindlers doubt their 40-year-old daughter, who lives in a Clearwater nursing home, had any such end-of-life wishes and believe her condition could improve with therapy. Their daughter has been in a persistent vegetative state for more than 13 years after collapsing from a chemical imbalance.


TOPICS: Crime/Corruption; Culture/Society; Extended News; News/Current Events; US: Florida
KEYWORDS: florida; prayerlist; terri; terrischiavo
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To: CFW
I missed part of Greta's show. But I did notice that Michael's mistress was referred to as his "fiancee." I don't think "fiancee" is the proper term as long as Michael is still married and refuses to divorce Terri.
201 posted on 02/14/2004 1:41:07 PM PST by Dante3
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To: Dante3
Fiancé is the right term, since he intends to marry her. The fact that he intends to kill Terri instead of divorcing her doesn't change that fact.
202 posted on 02/14/2004 2:21:46 PM PST by BykrBayb (Temporary tagline. Applied to State of New Jersey for permanent tagline (12/24/03).)
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To: floriduh voter
I am very surprised and delighted that everyone has been so open with me and shared their thoughts. I am not very political savvy at all. My first time voting was in 2000 and I'm 39 yrs old. I have followed more and more but I'm still kind of inept at it all. But, I am learning. Count me as another FReeper on board for Terri. Thanks again FReeper family for all the input and the way you have been kind and thorough in ALL your threads and mail that you have sent my way. I do have one more question for you floriduh. How do I get involved? I'm from northern Illinois. How can I make a difference and an impact in Florida?
203 posted on 02/14/2004 3:07:18 PM PST by codyjacksmom
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To: floriduh voter
Oh, one more question if you don't mind. What is a troll that I keep seeing mentioned?
204 posted on 02/14/2004 3:21:39 PM PST by codyjacksmom
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To: supercat
If nobody attended to my nephew (healthy toddler) for a couple weeks, he'd be dead too. So does that mean his parents are "keeping him alive"?

Yes.
205 posted on 02/14/2004 3:26:02 PM PST by Bronco_Buster_FweetHyagh
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To: codyjacksmom
Since noone has replied to you about trolls yet, a troll is someone who is just trying to disrupt the thread. Some of them are suspected of being spies for the opposition. Sometimes they start to come off as nice and compassionate, and then change their tune. Others are more direct and just try to get everyone arguing. But the one thing is...they are all evil-meisters trying to get in the way or discourage those of us who are trying to help save Terri's life. It got pretty bad during the time when Terri was taken off her tube in October. They mostly just like to be big bullies trying to scare everyone from crossing over to the side of truth. Just like in "The Three Billy Goats Gruff".
206 posted on 02/14/2004 6:00:09 PM PST by Ohioan from Florida (The only thing necessary for the triumph of evil is for good men to do nothing.- Edmund Burke)
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To: All
This is a repeat of post 178 in larger type per request....
Greta scheduled Terri's news this Friday as her LEADOFF story!


From FoxNews Channel Feb 13,2004 - On the Record with Greta


Greta: Tonight, there's been a victory for Florida Governor Jeb Bush and the parents of a Florida woman whose husband is fighting to remove her feeding tube. Terri Schiavo's case has polarized the nation.

Greta: Lawyers for both Governor Bush and Terri's husband will join us in a moment. But first, let's get the details from reporter Sharon Parker of WFLA radio in Tampa Florida. Sharon, exactly what did the court rule today?

Parker: Well the 2nd District Court of Appeal in Lakeland Florida essentially opened the door for Terri Schiavo's parents to not only become involved in the constitutionality question surrounding Terri's law, but more importantly, possibly opening the door for Governor Jeb Bush and his attorneys to depose Michael Schiavo, Terri's husband, his fiancee, several caregivers associated with Terri, and relatives of Michael Schiavo. So this is a pretty significant development, I would say in this case.

Greta: Sharon, were people surprised by that decision, that Governor Bush and Terri Schiavo's family WON this decision today, so that they can depose witnesses?

Parker: I think that there WAS quite a bit of surprise. Michael Schiavo's attorney saying that he found it unfortunate that the 2nd DCA would issue this type of ruling. I believe that even Ken Connor, who represents Governor Bush, was a bit surprised too.

Parker: There was a feeling throughout, that Judge Douglas Baird, the trial judge in this case, had essentially determined that Terri's law, the law that allowed the reinsertion of Terri Schiavo's feeding tube, was unconstitutional. He was prepared to issue a ruling but he was going to wait until the 2nd DCA resolved some of these pending matters.

Greta: Where IS Terri now?

Parker: As I understand it, Terri was moved from her hospice, here a couple of months ago, because they were remodeling the hospice. She was moved to a nearby facility, and I'm not quite sure, right at this point, if she's BACK at the hospice? But she remains in the Tampa Bay area, on her feeding tube. She remains alive, as she has been, since October, when Terri's law went into effect.

Greta: There's an awful lot who talk about this case all around the country. I assume, is there a lot of interest in your area Sharon?

Parker: Oh, a TREMENDOUS amount of interest. And over the past several years, many, many people supporting Terri's right to life. But also, a lot of people supporting her right to die. Her right to make the decision to... protect her own end of life wishes. It's generated such an emotionally charged issue that has just gone on for SO many years. And it's generated now of course, a lot of NATIONAL interest as well.

Greta: Sharon, thank you. Let's bring in the attorneys on the case. Joining us by phone from Florida, is Michael Schiavo's attorney George Felos, and in Tampa, an attorney for Governor Jeb Bush, Nicole Kerr.

Greta: George, since the decision went against YOUR client today, what's the plan? Or what's your thought about today's decision?

Felos: Well Greta, I'd like to clarify it a bit. The Court of Appeal did NOT say that the Governor is entitled to take depositions or discovery, and the court did not rule that the Schindlers MUST become part of the legal action. What the court said, is that the trial judge's orders were insufficient, because the trial judge didn't explain the legal basis and rationale of his decisions. And basically, they sent it back to the trial judge, and where we're going to have the trial judge revisit those issues, and we hope the trial judge will issue the same protective order he did before, but this time explain it to the appellate court's satisfaction.

Greta: Is this the kind of situation George, where it can simply go back to the lower court judge because he didn't WRITE the decision right? And it could simply go RIGHT back up to the Court of Appeals without ANY other evidence being taken?

Felos: I think that's probably what IS going to happen. In fact, the appellate court said, when we review, ahh... if the lower court enters another protective order, ummm, they specifically instructed the trial judge to list his findings of fact, and conclusions of law. So, I see this more as a procedural decision, and unfortunately it's going to delay the case, another few months.

Greta: Nicole, you represent Governor Bush. Is THAT the way you interpret today's ruling?

Kerr: (with a big grin) No it's NOT Greta. We think this is a TREMENDOUS victory for Terri Schiavo, AND for the State of Florida. The Governor is VERY pleased with this decision. That this case basically says that we're ENTITLED to take depositions, we're entitled to discovery, just like ANY other litigant.

Kerr: And we think that's very important, that the GOVERNOR of the State of Florida is entitled to the EXACT same due process rights as ANY other litigant. So you can count on the fact that we're going to move with great haste to take depositions in this case.

Greta: Alright, so who Nicole, are you going to depose? Give me your list of witnesses who you want to put under OATH, in a deposition?

Kerr: Well, we have seven. We'd certainly like to take the deposition of Michael Schiavo. We have a number of questions that we'd like to ask HIM, including questions as to WHY he didn't raise in the malpractice case below, this notion that Terri had NO desire to live.

Kerr: In the malpractice case below, that was never brought up. In fact, he said he took his marriage vows quite SERIOUSLY, that he was with her until death do us part. The jury there, awarded a tremendous verdict, over a MILLION dollars for her rehabilitation. And it was ONLY after that money was in the bank, that he suddenly recalled that she would NOT want to live on feeding tubes. We'd like to depose, umm-

Greta: OK, Let me just stop you one sec, I know that I asked you for the laundry list, But let me just get for one sec, I apologize, get George in here... George, what's your response to that?

Felos: My response to that is the trial court, and the appellate courts have looked at all that evidence. Michael Schiavo, at the malpractice trial believed, as the Schindlers did then, that Terri COULD recover. Every doctor has said... All of Terri's doctors since then have said that she cannot. And the fact is, all of this information is irrelevant to the question of whether the law is constitutional. It's irrelevant to the question of separation of powers. It's irrelevant to the question of whether the legislature and Governor can override a specific judicial decision. And we're hopeful, that judge Baird will again enter a protective order, and specifically give his reasoning to the appellate court, and that will be sustained.

Greta: Alright Nicole, who else, who's next on the list of people your client, Governor Bush, would like to hear from?

Kerr: We'd also like to depose Michael Schiavo's fiancee. This is a woman he's been living with SINCE his brain-damaged wife has been in the hospice care. He's fathered at least ONE child with this woman, maybe another. And all of these witnesses go to the question of WHAT are Terri's WISHES?

Greta: What do you want to ask her?

Kerr: Well the question in this case is, What would Terri want NOW? Her circumstances changed tremendously from way back when, and those are the sorts of questions we'd like to find out. The other people we'd like to depose include Michael Schiavo's family members... there are health care providers we'd like to talk to, So there are a number of witnesses that WE think would be important.

Greta: Nicole, does the fiancee KNOW Terri prior to her... the state that she's in now?

Kerr: Well that's one of the questions that we'd like to find out. We've been denied ALL discovery in this case. We have written discovery that has yet to have be responded to. We have been attempting to take depositions... protective orders have been sought. The Governor's hands have been TIED in this case, and that's why we think this decision by the 2nd District Court of Appeal is so important. It recognizes that he HAS the same rights of discovery as ANY other party.

Greta: Alright, so one last... Go ahead George.

Felos: This is a case where this poor woman, is being force fed against her will. The Governor has violated her constitutional rights, so has the legislature, and I think that it is beyond irony to be talking about the Governor's rights in a case where somebody's end of life wishes have been trampled upon.

Greta: Nicole, George, thank you both very much. I appreciate both of you joining us.


[Transcripted for education and discussion purposes only, not guaranteed to be 100% accurate. ]


= = = = = = = = = == = = = = = = = = = = = = = = = = = = = =
Recent interviews/excerpts:
= = = = = = = = = == = = = = = = = = = = = = = = = = = = = =
"Hannity and Colmes" - Tuesday 10-14-03 --> (Terri's father) Bob Schindler: "MONEY and FOUL PLAY"

"On the Record with Greta" - Friday 10-24-03 --> Forensic Pathologist, Dr. Michael Baden: "Potassium imbalance UNLIKELY - HEALTHY heart - NECK TRAUMA"

"At Large with Geraldo Rivera" Sunday 10-26-03 --> author Christopher Darden and Harvard Law Professor Alan Dershowitz: "You have eternity to be dead; You only have a limited amount of time to live"

"Hannity and Colmes" - Monday 10-27-03 --> (father) Bob Schindler and (neurologist) Dr. William Hammesfahr: "She absolutely CAN be rehabilitated -clearly NEVER had heart attack -Emergency room: damaged neck"

"On the Record with Greta" - Monday 10-27-03 --> (attorney) Pat Anderson: "BIG FIGHT -attempted STRANGULATION"

"On the Record with Greta" - Tuesday 10-28-03 --> (attorney) Pat Anderson and (brother) Bobby Schindler: "failing marriage -DIVORCE imminent -Potassium explained":

"Hardball with with Chris Matthews" - Wednesday 10-29-03 --> (pro-Terri attorney for ACLJ) Jay Sekulow and (anti-Terri attorney) Joe Tacopina: "Matthews: I think the human issue here is... her eyes flickering... I think she's ALIVE":

"Larry King Live" - Monday 10-27-03 --> (husband) Michael Schiavo[barf alert]: THEY get money from the right wing ACTIVISTS - "Removing somebody's feeding is very painless. It is a very easy way to die" - [later] King: Would you take one[lie detector test]? - No

"The Abrams Report" - Monday 11-03-03 --> (Commentary) almost entirely pro-husband

"O'Reilly Factor" - Wednesday 11-05-03 --> (former "Vegetative State" patient) Kate Adamson: Being starved to death is EXTREMELY painful "It was SHEER torture!" - took her THREE MONTHS of ACUTE REHAB to snap out
Her website says: We stand behind Terri Schindler!

"The Abrams Report" - Thursday 11-06-03 --> (pro-Terri attorney) Pat Anderson and (pro-death attorney) George Felos: "Felos: Michael is a MODEL husband" - Anderson:"Terri got NO REHAB after $award$":

"On the Record with Greta" - Thursday 11-06-03 --> (Gov.Bush's lead attorney) Ken Connor, and followed by a panel discussion:
"Connor: INDEPENDENTLY investigate the circumstances and allegations...
Alred: Perhaps the PARENTS SHOULD care for her


"Radio Interview" --> (Michael Schiavo's so-called 1st girlfriend after Terri's so-called 'collapse')
MS: "[Terri] upsets my WHOLE LIFE with this, and this is ALL her fault."
GIRLFRIEND: "he can be the most INCREDIBLY MEAN person!"


"CBS News Sunday Morning" - Sunday 11-09-03 -->
( Lead-off feature story for this Sunday morning news magazine )

"Hannity and Colmes" - Monday 11-17-03 --> (Terri's parents) Mary and Bob Schindler:
( "ACQUIRED CEREBRAL PALSY" ... "she's been literally in PRISON for FOUR years" )

"On the Record with Greta" - Friday 01-09-04 --> (Gov.Bush's lead attorney) Ken Connor, and (husband's attorney) George Felos:
Connor: "We'll GO to the Florida Supreme Court, and if the Governor isn't afforded an opportunity to try this case before a JURY, we'll try to go to the U.S. Supreme Court".

"On the Record with Greta" - Wednesday 01-21-04 --> (Gov.Bush's lead attorney) Ken Connor, and (husband's attorney) George Felos:
Connor: "...mister Schiavo and mister Felos are TERRIFIED of trying this case before a JURY. ... NO reasonable jury ... would EVER accept this proposition.".

"On the Record with Greta" - Friday 02-13-04 --> (Gov.Bush's attorney) Nicole Kerr, (husband's attorney) George Felos, and (WFLA reporter) Sharon Parker:
Kerr: "We think this is a TREMENDOUS victory for Terri Schiavo... this case basically says that we're ENTITLED to take depositions, we're entitled to discovery...".

207 posted on 02/14/2004 6:37:27 PM PST by Future Useless Eater (Freedom_Loving_Engineer)
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To: Ohioan from Florida
Thanks Ohioan, I thought it must be something like that. Please note that I am not a troll. I am still looking for suggestions on how I can help in the plight of Terri.
208 posted on 02/14/2004 7:10:04 PM PST by codyjacksmom
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To: FL_engineer
Good job.....with posting the script.....thanks.

Terri, tonight at Mass, I lit a candle right by the Blessed Mother.....for special prayers.

209 posted on 02/14/2004 7:13:32 PM PST by mickie
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To: JOHN W K
thanks for your informative post.
210 posted on 02/14/2004 7:27:27 PM PST by nicmarlo
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To: sweetliberty; FL_engineer
After all this time they don't know for a fact that the second child exists? Give me a break. Somebody is not being truthful. Either that, or Jodi has been whoring around with someone else who fathered the second child while she has been living with Michael.

My vote is that, perhaps, there is yet another "father" involved...

211 posted on 02/14/2004 7:30:32 PM PST by nicmarlo
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To: codyjacksmom
Writing or sending email helps. I really think we helped get Terri's law enacted. Many of us wrote emails or called the members of Florida's legislature before Terri's law was passed. Writing to the media helps too. Send email to shows where you think the host needs a nudge to carry a segment on Terri.

So far Greta (Fox News) has been the most receptive. Oprah had a nice piece on Terri. There are radio shows that have helped spread the word. Some of us have also written to the judges in this case.

You can visit Terri's web site and get other ideas. You can donate money to her site if you have a few extra dollars. If not, there is a need to continue making the public aware of this case and that only takes time not money.
212 posted on 02/14/2004 8:14:12 PM PST by FR_addict
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To: nicmarlo
My vote is that, perhaps, there is yet another "father" involved...

Are you serious? Someone like Michael would have a cow if Jodi were impregnated by another man!

Are you just pulling my chain? If so, good one!

213 posted on 02/14/2004 9:00:56 PM PST by Ohioan from Florida (The only thing necessary for the triumph of evil is for good men to do nothing.- Edmund Burke)
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To: FR_addict
Thanks for the ideas FR_addict! I've been in her website and I love to write so I can definitely do some of that.
214 posted on 02/14/2004 10:29:27 PM PST by codyjacksmom
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To: Theodore R.; wisconsinconservative; JOHN W K; floriduh voter; msmagoo; Lauren BaRecall; ...
>>I had forgotten that Baird is "off" this case.

It's not uncommon for judges to be re-assigned in the middle of cases, and I think NOW is the perfect breakpoint where this case HAS to be TRANSFERRED to Judge Nelly N. Khouzam.
Judge Baird is no longer in this court, or jurisdiction, or even in the same building!

Judge Baird rushed to sloppily close this case, knowing that Christmas break would be his last days in Civil court.

Here are some pertinent snapshots from that thread in January (Judge Baird is OFF case)) where we discussed that she was reassigned to take over Judge Baird's duties effective Jan 1, 2004...

cpforlife reported that:
We have just confirmed that ALL of Judge Baird's cases, INCLUDING the suit by Michael Schiavo v Gov Bush related to the Terri's Law, challenging its constitutionality, HAVE been transferred to Judge Nelly Khouzam. This information came directly from Judge Khouzam's assistant. Judge Khouzam is known to be a "by the book" tough, but fair judge.
Floriduh Voter reported that:
JUDGE KHOUZAM HAS MOVED TO JUDGE BAIRD'S OFFICE This can be confirmed by calling Judge Khouzam's old number at 727-464-6425 which now answers as Judge Baird's number. The recording also states that Judge Khouzam may be reached at 727-464-3232 Judge Baird's old number!

Judge Baird HAS been moved from the Circuit Civil Division to the Criminal Division on 49th Street. It is Chief Circuit Court Judge Demers that makes the court appointments for the judges, we are told.

Judge Nelly N. Khouzam has taken over Judge Douglas Baird's division and his cases in the 6th Circuit Civil.
(msmagoo) post 29 reported a conflict...
This a.m. after being specifically asked if Judge Khouzam would take over the Terri's Law case of Michael Schiavo v Gov Bush, Judge Khouzam's assistant said, EXACTLY: "yes, Judge Khouzam is taking over all the cases Judge Baird had including the Terri's Law case."
...
[at 2pm the same day] Judge Baird's office specifically stated EXACTLY that: "if Judge Khouzam's office told you that she [Khouzam] would be taking over the case, they were confused." "Judge Baird is keeping that case!"
Michael Schiavo's main mouthpiece at that time(daylate) argued that Judge Nelly would NEVER GET A CHANCE to hear this case:
Once Baird hands down his order, Judge Khouzam would be left without the ability to re-hear the case.
(FV again)at post 48:
Jeb's counsel can do Motions that a new Judge could entertain. It's a whole new ballgame if Nelly K. takes over.
(LBR) in post 66 and 70:
I read the background articles on Judge Khouzam, and I have a gut reaction that she's the judge we've been waiting for.
...
What Baird doesn't get is that, ultimately, it really isn't his case to hold onto. I take great hope from the perfect timing of these events.
(msmagoo) post 75:
Yes, I think she is the answer to our prayers. Judge Khouzam presided over a case involving animal cruelty. She rejected a plea deal for 5 years in prison followed by 5 yrs. probation as "too lenient."

Ultimately she was removed from the case by the appeals court, where the case was reassigned to Judge Mark Shames. The perp in that case, Robert B. Pettyjohn, admitted to severely beating and sexually abusing his neighbor's two pet llamas, ended up getting 3 years in prison. It was a hideous crime, and I suspect Judge Khouzam was removed only because some killers get lighter sentences than the one she rejected.


The concensus of that thread in January, was that if the 2nd DCA bounced ANYTHING back to the 6th Circuit, that it would have to be handled by the new judge now assigned to that court: Judge Nelly N. Khouzam.

Another very GOOD thing about Friday's 2nd DCA ruling was that I didn't recognize ANY of those names as the judges who ruled against Terri in the past!

there was also this from November:
GOVERNOR ASKS THAT JUDGE IN RIGHT-TO-DIE CASE BE DISQUALFIED (Judge Baird)
(The law says any litigant can ask ONE TIME for a new judge in a case, without cause, if there is even a SUSPICION of bias; and the judge has NO CHOICE but to grant this the 1st time. But Baird was so adamant that HE ALONE must decide this case, that he dismissed the Governor's request)

215 posted on 02/14/2004 10:36:00 PM PST by Future Useless Eater (Freedom_Loving_Engineer)
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To: FL_engineer
So much confusion and power hungry greed involved in this case!!
216 posted on 02/14/2004 10:46:40 PM PST by trussell (Troll Hunter Extraordinaire; New Charter member of the Troll Patrol...See EggsAckley for membership.)
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To: FL_engineer
Thanks for the ping. Good job as usual FLE. I am more optimistic now about this Terri's Law. I wished I could say the same about senator Jim the Casket King.

We need SB 692 heard and passed. No time to slack off.

Now is also a good time to put more heat on Jodi girl. Maybe she will "take a pay cut" and turf Mikey's butt out on the street. Afterall, the house is in Her name. :-D
217 posted on 02/14/2004 11:24:32 PM PST by m4629
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To: Ohioan from Florida
"How do you make a smileycon(?) face with droopy eyes on it?"
How's this?

Ð
         )
Ð
218 posted on 02/14/2004 11:47:44 PM PST by BykrBayb (Temporary tagline. Applied to State of New Jersey for permanent tagline (12/24/03).)
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To: FL_engineer
BTT!!!!!!
219 posted on 02/15/2004 3:05:12 AM PST by E.G.C.
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To: FL_engineer
Thanks FL_engineer.

Truly an unexpected turn of events. May the momentum continue.

220 posted on 02/15/2004 3:51:19 AM PST by Robert Drobot (God, family, country. All else is meaningless.)
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