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Pheidippides Remembered- Both Human And Equine.

Discussion in 'Horse Racing' started by Tamerlo, Aug 2, 2012.

  1. Bustino74

    Bustino74 Thouroughbred Breed Enthusiast

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    Ha ha Tasmanian:- does this fit then, his health report at the age of just 32

    "His heart was enlarged, with a murmur, and he'd already suffered at least one heart attack. That was not all: he had recurrent malaria (contracted in New Guinea), chronic back pain (for which he self-medicated with morphine and later, with heroin), lingering chronic tuberculosis, and numerous venereal diseases."

    Interesting man, interesting life.
     
    #21
  2. Cyclonic

    Cyclonic Well Hung Member

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    Gotta love Cagney. For years, around the house, I've used a Cagney line from one of his movies, "That's the kind of hair pin I am." to explain my actions. The wife just rolls her eyes. <laugh>
     
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  3. Tamerlo

    Tamerlo Well-Known Member

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    Bustino, thanks for the link- I had already read it. I suppose a great tribute that can be paid to the Mercer brothers is that Joe lived and rode for both of them. Joe and Scobie are the two jockeys I would have loved to meet. On impressions, Joe always comes across as an absolute gentleman and a real credit to racing.
     
    #23
  4. Cyclonic

    Cyclonic Well Hung Member

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    Us Aussies live life in the fast lane Busty. <whistle>
     
    #24
  5. Bustino74

    Bustino74 Thouroughbred Breed Enthusiast

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    Cyc
    I'm proud of you all<applause>

    Tamerlo
    I don't think Joe was hungry enough. Maybe he got that from his brother.
     
    #25
  6. Tamerlo

    Tamerlo Well-Known Member

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    Cyc, from Bustino's description, "pox ridden lane" would be more appropriate!:laugh:
     
    #26

  7. SwanHills

    SwanHills Well-Known Member

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    Will look it up later and post Timeform's comments on this race (housecleaning today, and am under the whip <yikes>).
     
    #27
  8. SwanHills

    SwanHills Well-Known Member

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    Tamerlo: That ain't no pistol, that's a Kalashnikov.................<yikes>

    Cyc: On Cagney: It has to be the oldie......"you doidy rat"......for me......<laugh>
     
    #28
  9. OddDog

    OddDog Mild mannered janitor Staff Member

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    OK all you Marathon buffs - why was July 19th 1990 a red letter day for the Marathon??
     
    #29
  10. Cyclonic

    Cyclonic Well Hung Member

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    Rodenbeck v Marathon Petroleum?
     
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  11. Tamerlo

    Tamerlo Well-Known Member

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    Snickers to you, Oddy! Good morning! Get cycling down the Kurfurstendamm! I'm putting you in the next Olympics!
     
    #31
  12. Bustino74

    Bustino74 Thouroughbred Breed Enthusiast

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    I stopped eating them when they changed to that silly name. Couldn't bring myself to say it.
     
    #32
  13. Cyclonic

    Cyclonic Well Hung Member

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    I like my answer Tam, it has more gravitas. Yours sounds more like chocolate to me . :)
     
    #33
  14. Cyclonic

    Cyclonic Well Hung Member

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    I prefer my answer Tam, it has a bit more gravitas. Wrap your head around this. :)






    Finally, plaintiffs argue that Marathon's attempt to relieve itself of potential liability for contamination of plaintiffs' property is violative of public policy and therefore the Releases are unenforceable. Plaintiffs, however, fail to explain why the specific Releases at issue in this case are violative of public policy, but merely state that the public has become increasingly concerned in recent years about the quality of our environment. They have not even alleged, let alone presented evidence, that Marathon coerced plaintiffs into signing the Releases or procured the Releases in any way that would make the Releases unconscionable or otherwise violative of public policy. As was discussed earlier with reference to plaintiffs' claim of contract of adhesion, plaintiffs have failed to present any evidence which would show that a genuine issue of material fact exists with respect to their claim that the Releases were unconscionable. Therefore, the court finds plaintiffs' public policy argument to be meritless.

    Kinzie, in its response to Marathon's motion for summary judgment, argues that the Releases, by their own terms, do not apply to Kinzie's claims against Marathon. Kinzie asserts that the Releases "cancel only particular prior agreements that are clearly specified, and the release language clearly pertains only to claims arising out of the cancelled agreements." Kinzie maintains that the Releases do not release Kinzie's claims that Marathon acted negligently in the course of delivering petroleum products but that the parties were merely putting the specific contracts behind them and agreeing that the parties would not claim that the terms of the specific contracts had been violated. Thus, Kinzie is asserting that the Releases are effective to bar only contractual claims, while Marathon argues that the Releases bar all of Kinzie's (and plaintiffs') claims regardless of the nature of the claims. The plain language of the Releases states that each party "releases the other from all claims and obligations of any character or nature whatsoever arising out of or in connection with said agreements and acknowledges full and complete performance on the part of the other party...." It is abundantly clear to the court that the Releases bar all claims whether sounding in tort or contract or whether based on a statute such as CERCLA. Therefore, Kinzie's argument that the Releases bar only Kinzie's contractual claims is also meritless.

    Consequently, the court finds that as a result of the several Mutual Cancellation of Agreements and Release of Claims executed by the parties herein, the claims of plaintiffs, Robert Rodenbeck and Don Runkle, and the counter-claims of third-party defendant, Kinzie Super Service, Inc. are barred as a matter of law.



    Conclusion

    For the foregoing reasons defendant Marathon's motion for summary judgment is hereby GRANTED.
     
    #34
  15. OddDog

    OddDog Mild mannered janitor Staff Member

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    Well done Tam <laugh>

    Kurfürstendamm too short for me - I'm on my 10th consecutive day riding to work on the bike - by this evening I'll have done 340 miles in the last 2 weeks. Hardly Wiggins-esque but I'm quite proud of myself. Trouble is I'm absolutely shattered <laugh>
     
    #35
  16. Bustino74

    Bustino74 Thouroughbred Breed Enthusiast

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    I think cycling is great (sound like the bloke off the Fast Show). I did the coast to coast once and every night slept like a baby. Never felt better.
     
    #36
  17. OddDog

    OddDog Mild mannered janitor Staff Member

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    Which coast to which coast Bustino?
     
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  18. Bustino74

    Bustino74 Thouroughbred Breed Enthusiast

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    Well it's not very far! Started on the Lancashire coast (was it Arndale?), went to Ingleton (overnight), then Hawes and into Leyburn (overnight) finishing off at Redcar. Started day one lunchtime and finished day three early afternoon. Went through some beautiful country, it was a shame about the last 10 miles but you have to finish somewhere.
     
    #38
  19. OddDog

    OddDog Mild mannered janitor Staff Member

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    Sounds similar to my honeymoon - Lake District, Cumbria then across to North Yorkshire and Whitby <ok> Lovely part of the world
     
    #39
  20. Bustino74

    Bustino74 Thouroughbred Breed Enthusiast

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    Yes Whitby would have been a nicer finish but I lived then near Yarm, so Redcar it was. You are right it's lovely and so few southerners (and I'm one) know about it. About 120 miles, at my advanced age I found 50 no problem, but 60 began to hurt.

    Next year did Chepstow to Chester, again a marvellous part of the world (and a bit further so 3 nights: highlight Wenlock Edge and Longmynd area).
     
    #40

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