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      <title>Ziplaw Legal News</title>
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      <language>en</language>
      <copyright>Copyright 2008</copyright>
      <lastBuildDate>Wed, 27 Aug 2008 11:16:49 -0500</lastBuildDate>
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         <title>Lucrative 20/20 game in doubt after court injunction</title>
         <description><![CDATA[<p>BRIDGETOWN, Barbados (CMC) - The future of the lucrative Stanford Twenty20 for 20 clash between the Stanford Superstars and England carded for November 1 in Antigua has been thrown into limbo, after Digicel filed an injunction against the Stanford Super Series....</p>

<p><a href="http://jamaicaobserver.com/sports/html/20080826T230000-0500_139533_OBS_LUCRATIVE_______GAME_IN_DOUBT_AFTER_COURT_INJUNCTION.asp"    target ="_blank">Continue reading this article</a></p>

<p><strong>Author: </strong>Observer Reporter<br />
<strong>Source:</strong> <a href="http://jamaicaobserver.com/sports/html/20080826T230000-0500_139533_OBS_LUCRATIVE_______GAME_IN_DOUBT_AFTER_COURT_INJUNCTION.asp"    target ="_blank">Jamaica Observer</a></p>]]></description>
         <link>http://www.ziplaw.com/news/archives/003308.htm</link>
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         <pubDate>Wed, 27 Aug 2008 11:16:49 -0500</pubDate>
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         <title>Supreme Court rules out Nestle employee&apos;s case</title>
         <description><![CDATA[<p>A former employee of Nestle JMP Jamaica Ltd has lost his case in the Supreme Court to recover compensation from the company for injuries suffered on two separate occasions.</p>

<p>David Lawrence, who was employed to Cremo Ltd, which was later incorporated by Nestle, filed a negligence suit in 2002.</p>

<p>Lawrence, who was a cold-room worker, contended that in October 1996, while moving stocks from a shelf, he suffered injuries to his knee. He said also that in January 1998, he was instructed to move stocks from the cold room when he slipped and twisted his right knee.</p>

<p><strong>Precautions</strong></p>

<p>Nestle was accused of failing to take adequate precautions for Lawrence's safety and permitting Lawrence to walk on a floor that was slippery. Lawrence said because of the injuries he was unable to work, and he was made redundant on medical grounds in February 2001.</p>

<p>In its defence, Nestle, which was represented by attorney-at-law Emile Leiba, of Myers, Fletcher and Gordon, denied that it had committed any breach. Nestle contended that any injuries which Lawrence sustained were caused wholly or partially by his own negligence....</p>

<p><a href="http://www.jamaica-gleaner.com/gleaner/20080827/news/news3.html"    target ="_blank">Continue reading this article</a></p>

<p><strong>Author: </strong>Barbara Gayle<br />
<strong>Source:</strong> <a href="http://www.jamaica-gleaner.com/gleaner/20080827/news/news3.html"    target ="_blank">Jamaica Gleaner</a> </p>]]></description>
         <link>http://www.ziplaw.com/news/archives/003307.htm</link>
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         <pubDate>Wed, 27 Aug 2008 10:50:49 -0500</pubDate>
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         <title>Appeal filed for Martina</title>
         <description><![CDATA[<p>The Netherlands Antilles has appealed to the Court of Arbitration for Sport (CAS) to restore Churandy Martina as the third-place finisher in the men's 200 metres, after he was disqualified for stepping out of his lane, the country's national Olympic com-mittee said Sunday.</p>

<p>Usain Bolt of Jamaica won the gold in last Wednesday's race. American Wallace Spearmon crossed the finish line second and Martina was third, but both were disqualified for stepping out of their lanes.</p>

<p>Two Americans, Shawn Crawford and Walter Dix, were moved up to silver and bronze medal positions.</p>

<p><strong>Video evidence</strong></p>

<p>But the Netherlands Antilles is arguing that the protest against Martina was filed well beyond the 30-minute deadline set by the international track federation and they say they have video showing he stayed in his lane the entire time.</p>

<p>William Millerson, president of the country's Olympic committee, said this also is about a small country standing up to the Inter-national Association of Athletics Federation (IAAF), and the United States Olympic Committee (USOC).</p>

<p>The headline of a Sunday news release announcing the appeal refers to this as a 'David and Goliath case'.</p>

<p>"We're not going away," Millerson said. "Just because we're a smaller country, we don't have to be like a dog, put your tail in your behind and then leave. We cannot do that because, even being a small country, we have our pride."...</p>

<p><a href="http://www.jamaica-gleaner.com/gleaner/20080826/sports/sports11.html"    target ="_blank">Continue reading this article</a></p>

<p><strong>Author: </strong>Gleaner Reporter<br />
<strong>Source:</strong> <a href="http://www.jamaica-gleaner.com/gleaner/20080826/sports/sports11.html"    target ="_blank">Jamaica Gleaner</a> </p>]]></description>
         <link>http://www.ziplaw.com/news/archives/003306.htm</link>
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         <pubDate>Tue, 26 Aug 2008 10:57:48 -0500</pubDate>
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         <title>Police crack house-breaking ring</title>
         <description><![CDATA[<p>Six men are now in police custody in connection with a series of break-ins in the Barbican, Shortwood and Half-Way-Tree areas of Kingston following operations by the Flying Squad in the Corporate Area last week....</p>

<p><a href="http://jamaicaobserver.com/news/html/20080824T220000-0500_139441_OBS_POLICE_CRACK_HOUSE_BREAKING_RING.asp"    target ="_blank">Continue reading this article</a></p>

<p><strong>Author: </strong>Observer Reporter<br />
<strong>Source:</strong> <a href="http://jamaicaobserver.com/news/html/20080824T220000-0500_139441_OBS_POLICE_CRACK_HOUSE_BREAKING_RING.asp"    target ="_blank">Jamaica Observer</a></p>]]></description>
         <link>http://www.ziplaw.com/news/archives/003305.htm</link>
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         <pubDate>Mon, 25 Aug 2008 11:53:29 -0500</pubDate>
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         <title>BSI probing police killing of mentally challenged man</title>
         <description><![CDATA[<p>The Bureau of Special Investigations (BSI) is probing the fatal shooting of a man by the police at the intersection of Duke and East Queen streets in downtown Kingston....</p>

<p><a href="http://jamaicaobserver.com/news/html/20080824T230000-0500_139446_OBS_BSI_PROBING_POLICE_KILLING_OF_MENTALLY_CHALLENGED_MAN.asp"    target ="_blank">Continue reading this article</a></p>

<p><strong>Author: </strong>Observer Reporter<br />
<strong>Source:</strong> <a href="http://jamaicaobserver.com/news/html/20080824T230000-0500_139446_OBS_BSI_PROBING_POLICE_KILLING_OF_MENTALLY_CHALLENGED_MAN.asp"    target ="_blank">Jamaica Observer</a></p>]]></description>
         <link>http://www.ziplaw.com/news/archives/003304.htm</link>
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         <pubDate>Mon, 25 Aug 2008 11:51:07 -0500</pubDate>
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         <title>Prime suspect in corporal&apos;s death slain</title>
         <description><![CDATA[<p>HOURS before the funeral of slain police Corporal Rodney Henry, the prime suspect in his murder was cut down in an alleged shoot-out with cops Saturday morning.</p>

<p>The dead man has been identified as 18-year-old Karan Jeilan, otherwise called 'Fifteen' and 'Dugu'.</p>

<p>Reports are that a team from the St Catherine South police carried out an operation in the 'Rat Town' area of Portmore Gardens at 3 a.m. Saturday when they were fired on by men.</p>

<p>The police allegedly engaged the men and Jeilan was hit. He was taken to the Spanish Town Hospital, where he was pronounced dead.</p>

<p>A 40-calibre pistol was reportedly taken from Jeilan who, police sources said, was a member of the Rat Town gang operating in the St Catherine South Division.<br />
<strong><br />
Killed at home</strong></p>

<p>Henry was a firearm instructor at the Police Academy at Twickenham Park, St Catherine.</p>

<p>He was killed on August 2 at his gate in Cumberland Meadows, which is also located off Portmore Lane. His service pistol was stolen.</p>

<p>Henry was buried Saturday in Thompson Town, Clarendon.</p>

<p>Police sources said the search for Henry's killers started the night after his murder, resulting in two other men being detained, awaiting charges.</p>

<p>Henry was one of two police personnel killed within hours on August 2 and August 3. The other was Inspector Dennis Gardner.</p>

<p><strong>Author: </strong>Gleaner Reporter<br />
<strong>Source:</strong> <a href="http://www.jamaica-gleaner.com/gleaner/20080825/lead/lead6.html"    target ="_blank">Jamaica Gleaner</a> </p>]]></description>
         <link>http://www.ziplaw.com/news/archives/003303.htm</link>
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         <pubDate>Mon, 25 Aug 2008 11:39:16 -0500</pubDate>
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         <title>JP calls court sessions illegal</title>
         <description><![CDATA[<p>Constant complaints from persons who attend the Petty Sessions Court in Spanish Town have led Senior Justice of the Peace (JP), T.K. Whyte to call practices of some lay magistrates unlawful.</p>

<p>According to reports, the JP's comments come on the back of complaints that lay magistrates have been trying cases by themselves.</p>

<p>Whyte told Across the Nation that JPs who work as lay magistrate's should not try cases alone.</p>

<p>"It is a tribunal and it is stated that three lay magistrates must sit on the bench to try cases. And the practice of one is wrong and persons so convicted can appeal successfully," said Whyte.</p>

<p>The senior JP continued that it is the duty of the clerk of the court and a senior member of the JPs' fraternity to have a roster for each month and persons should know which three members should be sitting....</p>

<p><a href="http://www.jamaica-gleaner.com/gleaner/20080823/news/news4.html"    target ="_blank">Continue reading this article</a></p>

<p><strong>Author: </strong>Gleaner Reporter<br />
<strong>Source:</strong> <a href="http://www.jamaica-gleaner.com/gleaner/20080823/news/news4.html"    target ="_blank">Jamaica Gleaner</a> </p>]]></description>
         <link>http://www.ziplaw.com/news/archives/003302.htm</link>
         <guid>http://www.ziplaw.com/news/archives/003302.htm</guid>
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         <pubDate>Sat, 23 Aug 2008 11:06:42 -0500</pubDate>
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         <title>Businessman files US$539,000 suit against World Wise</title>
         <description><![CDATA[<p>World Wise Partners Limited, the latest investment club to be issued a cease-and-desist order by the Financial Services Commission (FSC), has been slapped with a US$539,000 fraudulent misrepresentation lawsuit by an alleged member....</p>

<p><a href="http://jamaicaobserver.com/news/html/20080822T000000-0500_139331_OBS_BUSINESSMAN_FILES_US_________SUIT_AGAINST_WORLD_WISE.asp"    target ="_blank">Continue reading this article</a></p>

<p><strong>Author: </strong>Paul Henry<br />
<strong>Source:</strong> <a href="http://jamaicaobserver.com/news/html/20080822T000000-0500_139331_OBS_BUSINESSMAN_FILES_US_________SUIT_AGAINST_WORLD_WISE.asp"    target ="_blank">Jamaica Observer</a></p>]]></description>
         <link>http://www.ziplaw.com/news/archives/003301.htm</link>
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         <pubDate>Fri, 22 Aug 2008 09:27:33 -0500</pubDate>
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         <title>Man charged with harbouring most wanted fugitive</title>
         <description><![CDATA[<p>Police on Wednesday charged a man with two counts of harbouring Guyana's most wanted fugitive, Rondell 'Fineman' Rawlins, and members of his gang.</p>

<p>The man was also charged with one count of engaging with the criminals after they had killed 12 persons in the Bartica township in February this year.</p>

<p>Sherman Lyght, 34, of Linden, did not plead to the indictable charges when the matter was called before Magistrate Priya Beharry.</p>

<p><strong>Maintained and assisted</strong></p>

<p>Police allege that between February 18 and April 22, Lyght received, maintained and assisted Rawlins, Celbert Reece, Cecil Simeon Ramcharran, Otis Fifee, Julius Chung and Mark Royden Williams, knowing that they murdered 12 persons on February 17.</p>

<p>Gang members, Ramcharran, Chung and Fifee, were killed during a confrontation with the security forces in Lindo Creek, in the upper Berbice River area in June. Reece and Williams were charged earlier this year with the Bartica murders.</p>

<p><strong>Bartica massacre</strong></p>

<p>Police arrested Lyght late last week in the interior and recovered two metal vaults and a briefcase containing documents which have been identified as belonging to the CBR Mining Company that was robbed during the Bartica massacre.</p>

<p>Lawmen also alleged that between February 18 and April 21, Lyght harboured Rawlings and his gang, whose names and photographs had been published by the police for the capital offence of murder. It is also alleged that between April 27 and June 16, at Christmas Falls, Lyght again harboured the wanted men.</p>

<p><strong>Author: </strong>Gleaner Reporter<br />
<strong>Source:</strong> <a href="http://www.jamaica-gleaner.com/gleaner/20080822/carib/carib2.html"    target ="_blank">Jamaica Gleaner</a> </p>]]></description>
         <link>http://www.ziplaw.com/news/archives/003300.htm</link>
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         <pubDate>Fri, 22 Aug 2008 09:20:59 -0500</pubDate>
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         <title>Suspect in Mullany murder case denied bail</title>
         <description><![CDATA[<p>The fifth suspect charged in connection with the fatal shooting of a British honeymooning couple was on Wednesday denied bail in the St John's Magistrate's Court.</p>

<p>Jeorgette Aaron, 31, was charged with being an accessory to murder after the fact, accessory to robbery after the fact and perverting the course of justice after she was linked to the two men charged with the murder. She appeared before Magistrate Keith Thom a day after making a brief court appearance on the matter.</p>

<p>"She was taken before the St John's Magistrate Court (Tuesday) and after arguments by the defence attorney for bail, the matter was put off," a police statement said.</p>

<p>"The defence and the prosecution put forward their cases to the magistrate and, in the end, Ms Aaron was refused bail and remanded in prison pending her trial."</p>

<p><strong>Charged<br />
</strong><br />
On Monday Kaniel Martin, 20, and Avie Howell, 17, were charged with the Mullany murders and robbery-related offences.They allegedly had a cell phone and digital camera belonging to the couple.</p>

<p>Two other women were last week charged for receiving stolen goods belonging to the couple.</p>

<p>The British newlyweds were shot on the last day of their honeymoon at the Coco's Hotel on the island's southwest coast on July 27.</p>

<p>Catherine died instantly while her husband died a week later after having been flown to Wales for further medical treatment....</p>

<p><strong>Author: </strong>Gleaner Reporter<br />
<strong>Source:</strong> <a href="http://www.jamaica-gleaner.com/gleaner/20080822/carib/carib1.html"    target ="_blank">Jamaica Gleaner</a> </p>]]></description>
         <link>http://www.ziplaw.com/news/archives/003299.htm</link>
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         <pubDate>Fri, 22 Aug 2008 09:10:00 -0500</pubDate>
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         <title>Olint faces another lawsuit</title>
         <description><![CDATA[<p>DAVID Smith and his troubled foreign exchange outfit, Olint Investment Limited and Olint TCI, have been named as defendants in a US$11-million lawsuit filed by Yvonne Coke, who heads the not-for-profit group Hands Across Jamaica for Righteousness....</p>

<p><a href="http://jamaicaobserver.com/news/html/20080820T200000-0500_139266_OBS_OLINT_FACES_ANOTHER_LAWSUIT.asp"    target ="_blank">Continue reading this article</a></p>

<p><strong>Author: </strong>Paul Henry<br />
<strong>Source:</strong> <a href="http://jamaicaobserver.com/news/html/20080820T200000-0500_139266_OBS_OLINT_FACES_ANOTHER_LAWSUIT.asp"    target ="_blank">Jamaica Observer</a></p>]]></description>
         <link>http://www.ziplaw.com/news/archives/003298.htm</link>
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         <pubDate>Thu, 21 Aug 2008 09:36:54 -0500</pubDate>
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         <title>Trinidad to amend legislation to deal with death penalty</title>
         <description><![CDATA[<p>PORT OF SPAIN, Trinidad (CMC) - The Trinidad and Tobago government says it will seek to amend existing legislation to make it easier to carry out the death penalty, following the recent High Court ruling that commuted the death sentence of 52 convicted murderers to life imprisonment....</p>

<p><a href="http://jamaicaobserver.com/news/html/20080819T230000-0500_139245_OBS_TRINIDAD_TO_AMEND_LEGISLATION_TO_DEAL_WITH_DEATH_PENALTY.asp"    target ="_blank">Continue reading this article</a></p>

<p><strong>Author: </strong>Observer Reporter<br />
<strong>Source:</strong> <a href="http://jamaicaobserver.com/news/html/20080819T230000-0500_139245_OBS_TRINIDAD_TO_AMEND_LEGISLATION_TO_DEAL_WITH_DEATH_PENALTY.asp"    target ="_blank">Jamaica Observer</a></p>]]></description>
         <link>http://www.ziplaw.com/news/archives/003297.htm</link>
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         <pubDate>Wed, 20 Aug 2008 14:48:47 -0500</pubDate>
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         <title>Karadzic alleges war crime judge biased</title>
         <description><![CDATA[<p>Former Bosnian Serb leader Radovan Karadzic has applied to the UN war crimes tribunal to disqualify a Dutch judge from his genocide case, said court documents released yesterday.</p>

<p>Karadzic accused Judge Alphons Orie of bias and of having a personal stake in his case. He said Orie would convict him to reinforce judgments in earlier cases against Bosnian Serbs and justify "draconian" sentences against them.</p>

<p>"There clearly cannot be any question of impartiality on his part," Karadzic said in a letter dated last Friday to the president of the Yugoslav war crimes tribunal, Fausto Pocar.</p>

<p>Orie presided over Karadzic's plea hearing on July 31, his first appearance in court since his capture in Belgrade after more than a decade in hiding.</p>

<p><strong>Declines</strong></p>

<p>Karadzic declined to enter a plea, but must do so when he appears in court again on August 29. If he again declines, a "not guilty" plea will be entered on his behalf.</p>

<p>Orie, a former criminal lawyer and justice of the Dutch Supreme Court, has been a judge at the UN tribunal since 2001.</p>

<p>Preliminary stages of tribunal cases are conducted by a single judge, but trials are heard by a panel of three. The tribunal has no juries....</p>

<p><a href="http://www.jamaica-gleaner.com/gleaner/20080820/int/int2.html"    target ="_blank">Continue reading this article</a></p>

<p><strong>Author: </strong>Gleaner Reporter<br />
<strong>Source:</strong> <a href="http://www.jamaica-gleaner.com/gleaner/20080820/int/int2.html"    target ="_blank">Jamaica Gleaner</a> </p>]]></description>
         <link>http://www.ziplaw.com/news/archives/003296.htm</link>
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         <pubDate>Wed, 20 Aug 2008 12:54:20 -0500</pubDate>
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         <title>Trinidadian woman guilty of killing husband</title>
         <description><![CDATA[<p>A New York court has found Trinidadian Kelly Forbes guilty of first-degree manslaughter for strangling her American-born husband last year.</p>

<p>Forbes, 29, collapsed and wailed as the jury foreman read the guilty verdict Monday in the Nassau County Court in New York.</p>

<p>Jurors deliberated for only two hours before reaching their verdict, rejecting Forbes' claims that she was defending herself when she strangled Michael Forbes, her husband of two months, with an electrical cord last November.</p>

<p><strong>Maximum</strong></p>

<p>She faces a maximum 25 years in prison when Judge Jerald Carter sentences her at a later date.</p>

<p>"She got what she deserves," said Willie Forbes, 74, the father of the deceased.</p>

<p>But the woman's father, Donny Chadee, described the trial as "an injustice", and her lawyer Anthony Capetola said he plans to appeal the verdict.</p>

<p>Prosecutors said when police arrived at Forbes' Merrick home on November 21 last year, she told them that Michael had come at her with an electrical cord while she slept....</p>

<p><a href="http://www.jamaica-gleaner.com/gleaner/20080820/carib/carib1.html"    target ="_blank">Continue reading this article</a></p>

<p><strong>Author: </strong>Gleaner Reporter<br />
<strong>Source:</strong> <a href="http://www.jamaica-gleaner.com/gleaner/20080820/carib/carib1.html"    target ="_blank">Jamaica Gleaner</a> </p>]]></description>
         <link>http://www.ziplaw.com/news/archives/003295.htm</link>
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         <pubDate>Wed, 20 Aug 2008 12:51:04 -0500</pubDate>
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         <title>Murders spike in Clarendon</title>
         <description><![CDATA[<p>The latest spate of nine homicides in six days has pushed Clarendon's murder count this year to 109, 26 more than the tally recorded during the corresponding period in 2007.</p>

<p>The most recent killings occurred in Denbigh, Crawle where two farmers were found dead on Sunday morning in the community.</p>

<p><strong>Taxi driver</strong></p>

<p>The body of 32-year-old Bernard Wright, alias 'Boo Farmer'/ 'Higgler', of Denbigh Crawle, was found with gunshot wounds about 6:10, by a Taxi driver who regularly picked him up in the mornings.</p>

<p>The other victim was Keron Caballero, 25, a farmer, who was found on the same premises with chop wounds four hours later.</p>

<p>Meanwhile, residents of Hayes Savannnah heard explosions Monday at 12:15 a.m. and summoned the police. Germal Gayle was found dead in the community with gunshot wounds.</p>

<p>In a release from the divisional head for the parish, Superintendent Dayton Henry, Clarendon has recorded a sudden upsurge of murders over the period August 13-18. The motives for the majority of these murders are undetermined....</p>

<p><a href="http://www.jamaica-gleaner.com/gleaner/20080820/news/news5.html"    target ="_blank">Continue reading this article</a></p>

<p><strong>Author: </strong>Dwight Nelson<br />
<strong>Source:</strong> <a href="http://www.jamaica-gleaner.com/gleaner/20080820/news/news5.html"    target ="_blank">Jamaica Gleaner</a> </p>]]></description>
         <link>http://www.ziplaw.com/news/archives/003294.htm</link>
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         <pubDate>Wed, 20 Aug 2008 12:45:00 -0500</pubDate>
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