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ARETHA FRANKLIN

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FIRE AND RAIN

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Roar on the River is back Labor Day Weekend!

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Enjoy a weekend of nonstop racing action as the Evansville HydroFest
hosts the American Power Boat Association’s Eastern Divisional
Championships for 14 classes of Inboard Hydroplanes September 1-2!

Wristbands are only $10 for the entire weekend, with 12 and under free!

Aces team up with ProRehab to create Purple Fridays

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Partnership was assisted by Purple Aces Sports Properties

ProRehab and the University of Evansville Athletic Department have teamed up to create a campus and community initiative called “Purple Friday’s powered by ProRehab.”

The campaign was started as a way to bring a sense of pride on campus, in the City of Evansville and among Aces supporters everywhere to support the university.  Every Friday starting on August 24, students, businesses and supporters of the university are encouraged wear purple and post their support with the hashtag #PurpleFriday.

“We want to give a special thank you to our long-time partner, ProRehab, as they become the official sponsor of Purple Friday’s,” UE Assistant AD for Marketing and Fan Engagement Scott Peace said.  “Purple Friday’s are something that everyone on campus looks forward to each week and we hope to spread this spirit and sense of pride across our fan base and community.”

Throughout the year, prizes will be given out to the person/group that shows the most purple pride.  There will also be contests and other interactive events that coincide with Purple Friday’s.

University of Evansville and many of our employees are graduates of UE – which is a big part of the reason why our color is purple,” ProRehab Director of Strategic Marketing Gib Riffle explained.  “We are looking forward to a strong year supporting the student-athletes and providing medical services for the Athletic Programs.  Purple Fridays are a great way to say, “Go Purple Aces”.”

Purple Friday’s powered by ProRehab is another campaign that was coordinated by Learfield’s Purple Aces Sports Properties, the multimedia rig

The Writing Habit

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Willard Library

Assumptions in bankruptcy case leave 7th Circuit ‘colored skeptical’

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Katie Stancombe for www.theindianalawyer.com

Assumptive arguments made by a bankruptcy trustee suing former bank directors were rejected by the 7th Circuit Court of Appeals, which said his assertions colored the court skeptical.

Federal regulators seized and shut down the Columbus-based Irwin Union Bank & Trust Co., which was a holding company for two banks, after it filed for bankruptcy in September 2009 amid the Great Recession. Two years later, Irwin’s bankruptcy trustee Elliott Levin sued three bank officers for breach of fiduciary duty.

Levin claimed the officers should have known the banks were going to fail and should have investigated alternatives to transferring a last-shot $76 million tax refund to potentially claim as an asset in bankruptcy, despite the board of directors’ clear directive to transfer the refund to the subsidiary banks. If the officers had presented this information to the board, Levin said the board would have declared bankruptcy before transferring the refund to the banks, thereby maximizing the holding company’s value for creditors.

The U.S. District Court for the Southern District of Indiana initially dismissed the case, but onremand from the 7th Circuit granted summary judgment in favor of former Irwin CEO William Miller, former Chief Financial Officer Gregory Ehlinger and former Executive Vice President Thomas Washburn.  The 7th Circuit affirmed the grant of summary judgment on Friday.

“Corporate officers have a duty to furnish the Board of Directors with material information, but that duty is subject to the Board’s contrary directives,” Judge Diane Sykes wrote for the court. “…The officers had no authority to second-guess the Board’s judgment with their own independent investigation.”

Levin had argued the officers breached their duty to provide information to the board. In a series of assumptions, he faulted them for failing to inform the board that an earlier bankruptcy could have maximized Irwin’s value.

“Even on its own terms, Levin’s complicated theory is dubious,” Sykes wrote. “The argument’s intricate chain of inferences rests on a series of speculative and increasingly questionable links— especially the assertion that, contrary to both regulatory guidance and Irwin’s years-long understanding (memorialized in a written agreement), the Board would have tried to claim the tax refund as its own asset in bankruptcy. Color us skeptical.”

The 7th Circuit found Levin’s theories fundamentally flawed, noting that as agents of the board, the officers had a duty to execute the board’s strategy and directives. It added that the board made its decision based on “advice of regulatory agencies and deeply experienced outside counsel.”

Finally, Levin argued it would only be logical for the board to be interested in receiving information about Irwin’s potential value in bankruptcy. If so, the board may have changed course had it known that an earlier bankruptcy could maximize value.

But the 7th Circuit also rejected that argument in Elliott Levin v. William Miller, et al, 17-1775.

“Taking account of the regulatory directives and expert legal advice, the Board exercised its judgment and chose to devote its resources to saving the banks,” Sykes concluded. “As agents, the officers had no right to spend company resources pursuing a different strategy.”

A ROAD ONCE TAKEN By Jim Redwine

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GAVEL GAMUT

By Jim Redwine

Week of 20 August 2018

A ROAD ONCE TAKEN

Robert Frost’s poem The Road Not Taken poignantly emphasizes the dilemma of life’s choices. Frost must have spent a great deal of time on this subject as another of his most famous poems, Stopping by Woods on a Snowy Evening, talks about Frost coming upon a fork in the road of life and having to choose one.

None of us needs Frost or anyone else to point out to us the games the fates play with us but it is handy to find a short form for our thoughts. I hope over the years if you have read Gavel Gamut, which originated in 1990, every now and then you have found a similar lodestone to hang on to. In that regard I plan to from time to time re-run some of the almost 700 Gavel Gamuts. Maybe you’ll catch them the second time round. Taking Leave (January 09, 2006) is one of my favorites. I hope it means something to you too.

TAKING LEAVE

(Originally Published January 09, 2006)

In spite of my natural inclination, thanks to my high school teacher, Mr. Burton, I actually learned a few things in American History class such as: The Second Amendment; the assassination of President William McKinley; the sinking of the Titanic; and the execution of Nathan Hale.

One cold Friday, Mr. Burton stood in front of us in a short-sleeved shirt and offered extra credit to anyone who could tell him why he had the right to wear it.

Of course, our minds were on that night’s football game, so extra credit was not in the offing.

Mr. Burton finally gave up hope for our education, via the Socratic method, and gave us the answer:  The Second Amendment to the United States Constitution, you know, The Right to Bear (Bare) Arms.

Unlike Paul Simon in his song, “Kodachrome”, my high school teachers did not interfere with my education.  The raw material may have been lacking, but the high school refinery did its best.

Mr. Burton, also, portrayed President McKinley and Nathan Hale in class, and sank the Titanic in a washtub while we portrayed the passengers such as John Jacob Astor.

What Mr. Burton burned into our memories was the grace of President McKinley when he was shot in 1901.

The President’s wife of thirty years, Ida, had never recovered from the loss of their only children at ages one and four.  The President was ever mindful of Ida’s fragility.

McKinley’s first words upon being shot were:

“My wife, be careful how you tell her.  Oh, be careful.”

Considering that President McKinley had been a Civil War hero, a successful attorney, Governor of Ohio, the architect of the Open-Door Policy to China and the Commander in Chief during the Spanish American War, it was poignant that it was said of him:

“Nothing became his life so much as the manner in which

he left it.”

I was reminded of the President’s selflessness when I heard news of the West Virginia miners’ last words, written while trapped in the coal mine this week. 

At least one of the Sago Mine miners, Martin Toler, left a note to ease the pain of his wife, children, grandchildren and others.

Mr. Toler’s note was written with great effort just before he lost consciousness:

“Tell all I (will?) see them on the other side.  Just went to sleep.

Wasn’t bad.  I love you.”

The President and the coal miner knew how to make an exit.  

It is fortunate when there is opportunity for such character to be displayed.  No self-pity, just thoughts to ease the pain of others.

Of the six billion or so of us who have already shuffled off this mortal coil, and the six billion or so of us who have yet to take our leave, most of us will not have any last words survive.

But wouldn’t it be comforting to believe we might show the courage and sacrifice of someone like John Jacob Astor who, in 1912, was one of the richest persons on earth and 48 years old when he gave up his seat on a Titanic lifeboat to a woman he didn’t know by saying:

“The ladies have to go first.

Get in the lifeboat to please me (to the unknown woman).

Goodbye, dearie (to his wife).  I’ll see you later.”

There was one other thing that made it through the teenage fog during American history class, the last words of the twenty-one year old, Continental Army First Lieutenant, Nathan Hale, just before he was hanged by the British in 1776:

“I only regret that I have but one life to lose for my country.”

Hale’s final thoughts of country before self were recorded for Hale’s family and history by another soldier, Captain Montresor, one of the British officers who was assigned to the execution.

You know you have done it right when those who would take your life, record your courage and sacrifice in leaving.

What William McKinley, Martin Toler, John Astor and Nathan Hale had in common were selfless courage, the opportunity to know death was imminent, the means of preserving their last words and the grace to ease the pain of others.

For most of us, such a confluence of elements will not occur.  But, if the opportunity is given to us, it will be telling whether we choose to curse the darkness of our coal mine or to lighten the burden of those who are left to deal with the cave-in.  

For more Gavel Gamut articles go to www.jamesmredwine.com

Or “Like” us on Facebook at JPegRanchBooksandKnitting

HOT JOBS IN EVANSVILLE

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Retail Merchandiser
Footprint Retail Services 59 reviews – Evansville, IN
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Store Associate/Stocker – 418 – Now Starting at $9.50/HR
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Thank you for your interest in joining the Big Lots team as a Store Associate! As a Store Associate, you will play a key role in the success of the store…
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United Leasing & Finance – Evansville, IN
High school diploma or equivalent is minimally required; Enjoy working around and with others, both internal and external to the organization….
Administrative Assistant – Part Time
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Customer Service Rep
Domino’s 16,019 reviews – Evansville, IN
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Krispy Kreme 1,740 reviews – Evansville, IN
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Meijer 6,493 reviews – Evansville, IN
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HIgh School Diploma or GED required. The EVSC works diligently to ensure employees maintain the position that they are hired for but in some cases, transfers…
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I need reliable and timely transportation to and from work. Vocal communication is required for expressing or exchanging ideas by means of the spoken word;…
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Protect yourself from being targeted by scammers BY WENDY MCNAMARA

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Many electric, water and natural gas customers throughout Indiana are being targeted by utility scams. More and more utility customers have reported unsolicited phone calls from individuals falsely claiming to be a utility representative. Because we depend on these critical services, consumers are vulnerable to these scams, which are becoming more sophisticated.

Your phone’s caller ID might falsely appear to be a call from your utility provider, and the scammer will claim a customer’s service will be disconnected unless they make an immediate payment, usually within a very short period of time, like an hour.

The caller often instructs the customer to purchase a gift card or a prepaid debit card, then call back and make a utility payment. The scammer asks the customer for the prepaid debit card’s receipt number and PIN number, giving them access to the card’s funds and the ability to immediately drain its balance.

Avoid being a victim, and remain alert. If you receive a suspected scam call, remember:

  • Never agree to provide payment over the phone to an unknown caller;
  • Hang up and call your utility service provider and ask about the status of your account; and
  • Don’t use the telephone number provided by the scammer. Use the telephone number on your utility bill, on your utility’s official website or a number provided in the telephone directory.

Adopt A Pet

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Snoop is a 2-year-old male mixed breed! His caregivers describe him as affectionate and silly. He can be a little shy at first, but has a moderate energy level and is tolerant of handling. With some ear rubs and treats he warms up just fine! His adoption fee is $110 and includes his neuter, microchip, vaccines, and more. Contact Vanderburgh Humane at (812) 426-2563 for adoption details!