209 lines
12 KiB
Plaintext
209 lines
12 KiB
Plaintext
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< Q-scan Animal Safety & Protection 9 - 150 msgs >
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149/150: When animals can sue (part 1)
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Name: Chris Downs #107 @13453
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Date: Fri Mar 06 15:18:21 1992
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From: The Radical's Retreat [314-352-7619]
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COYOTE v. ACME
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In the United States District Court, Southwestern District, Tempe, Arizona
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Case No. B191294, Judge Joan Kujava, Presiding
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Wiley E. Coyote, Plaintiff
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v.
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Acme Company, Defendant
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Opening Statement of Harold Schoff, attorney for Mr. Coyote: My client,
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Mr. Wiley E. Coyote, a resident of Arizona and contiguous states, does
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hereby bring suit for damages against the Acme Company, manufacturer and
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retail distributor of assorted merchandise, incorporated in Delaware and
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doing business in every state, district and territory. Mr. Coyote seeks
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compensation for personal injuries, loss of business income, and mental
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suffering caused as a direct result the actions and/or gross negligence
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of said company, under Title 15 of the United States Code, Chapter 47,
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section 2072, subsection (a), relating to product liability.
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Mr. Coyote states that on eighty-five separate occasions he has purchased
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of the Acme Company (hereinafter, "Defendant"), through that company's
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mail-order department, certain products which did cause him bodily injury
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due to defects in manufacture or improper cautionary labelling. Sales slips
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made out to Mr. Coyote as proof of purchase are at present in the posses-
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sion of the Court, marked Exhibit A. Such injuries sustained by Mr. Coyote
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have temporarily restricted his ability to make a living in his profession
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of predator. Mr. Coyote is self-employed and thus not eligible for Work-
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men's Compensation.
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Mr. Coyote states that on December 13th he received of Defendant via parcel
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post one Acme Rocket Sled. The intention of Mr. Coyote was to use the
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Rocket Sled to aid him in pursuit of his prey. Upon receipt of the Rocket
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Sled Mr. Coyote removed it from its wooden shipping crate and, sighting his
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prey in the distance, activated the ignition. As Mr. Coyote gripped the
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handlebars, the Rocket Sled accelerated with such sudden and precipitate
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force as to stretch Mr. Coyote's forelimbs to a length of fifty feet.
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Subsequently, the rest of Mr. Coyote's body shot forward with a violent
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jolt, causing severe strain to his back and neck and placing him unex-
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pectedly astride the Rocket Sled. Disappearing over the horizon at such
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speed as to leave a diminishing jet trail along his path, the Rocket Sled
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soon brought Mr. Coyote abreast of his prey. At that moment the animal he
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was pursuing veered sharply to the right. Mr. Coyote vigorously attempted
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to follow this maneuver but was unable to do so, due to poorly designed
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steering and a faulty or nonexistent braking system. Shortly thereafter,
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the unchecked progress of the Rocket Sled brought it and Mr. Coyote into
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collision with the side of a mesa.
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Paragraph One of the Report of Attending Physician (Exhibit B), prepared by
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Dr. Ernest Grosscup, M.D., D.O., details the multiple fractures, contusions
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and tissue damage suffered by Mr. Coyote as a result of this collision.
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Repair of the injuries required a full bandage around the head (excluding
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the ears), a neck brace, and full or partial casts on all four legs.
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Hampered by these injuries, Mr. Coyote was nevertheless obliged to support
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himself. With this in mind, he purchased of Defendant as an aid to mobility
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one pair of rocket skates. When he attempted to use this product, however,
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he became involved in an accident remarkably similar to that which occurred
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with the Rocket Sled. Again, Defendant sold over the counter, without
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caveat, a product which attached powerful jet engines (in this case, two)
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to inadequate vehicles, with little or no provision for passenger safety.
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Encumbered by his heavy casts, Mr. Coyote lost control of the Rocket
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Skates soon after strapping them on, and collided with a roadside billboard
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so violently as to leave a hole in the shape of his full silhouette.
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Mr. Coyote states that on occasions too numerous to list in this document
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he has suffered mishaps with explosives purchased of the Defendant: the
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Acme "Little Giant" Firecracker, the Acme Self-Guided Aerial Bomb, etc.
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(For a full listing see the Acme Mail Order Explosives Catalogue and
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attached deposition, entered into evidence as Exhibit C.) Indeed, it is
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safe to say that not once has an explosive purchased of Defendant by Mr.
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Coyote performed in an expected manner. To cite just one example: At the
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expense of much time and personal effort, Mr. Coyote constructed around the
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outer rim of a butte a wooden trough beginning at the top of the butte and
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spiralling downward around it to some few feet above a black X painted on
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the desert floor. The trough was designed in such a way that a spherical
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explosive of the type sold by Defendant would roll easily and swiftly down
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to the point of detonation indicated by the X. Mr. Coyote placed a generous
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pile of birdseed directly on the X, and then, carrying the spherical Acme
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Bomb (Catalogue #78-832), climbed to the top of the butte. Mr. Coyote's
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prey, seeing the bird seed, approached, and Mr. Coyote proceeded to light
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the fuse. In an instant, the fuse burned down to the stem, causing the
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bomb to detonate.
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In addition to reducing all Mr. Coyote's careful preparation to naught, the
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premature detonation of Defendant's product resulted in the following dis-
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figurements to Mr. Coyote:
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1. Severe singeing of the hair on the head, neck and muzzle.
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2. Sooty discoloration.
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3. Fracture of the left ear at the stem, causing the ear to dangle in the
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aftershock with a creaking noise.
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4. Full or partial combustion of whiskers, producing kinking, frazzling,
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and ashy disintegration.
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5. Radical widening of the eyes, due to brow and lid charring.
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Sub Animal Safety & Protection
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Read:(1-150,^149),? :
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150/150: when animals can sue (part 2)
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Name: Chris Downs #107 @13453
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Date: Fri Mar 06 15:20:32 1992
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From: The Radical's Retreat [314-352-7619]
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part 2
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We come now to the Acme Spring-Powered Shoes. The remains of a pair of
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these purchased by Mr. Coyote on June 23rd are Plaintiff's Exhibit D.
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Selected fragments have been shipped to the metallurgical laboratories of
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the University of California at Santa Barbara for analysis, but to date no
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explanation has been found for this product's sudden and extreme malfunc-
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tion. As advertised by Defendant, this product is simplicity itself: two
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wood-and-metal sandals, each attached to milled-steel springs of high
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tensile strength and compressed into a tightly coiled position by a cocking
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device with a lanyard release. Mr. Coyote believed that this product would
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enable him to pounce upon his prey in the initial moments of the chase,
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when swift reflexes are at a premium.
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To increase the shoes' thrusting power still further, Mr. Coyote affixed
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them by their bottoms to the side of a large boulder. Adjacent to the
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boulder was a path which Mr. Coyote's prey was known to frequent. Mr.
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Coyote put his hind feet in the wood-and-metal sandals and crouched in
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readiness, his right forepaw holding firmly to the lanyard release. Within
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a short time Mr. Coyote's prey did indeed appear on the path coming toward
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him. Unsuspecting, the prey stopped near Mr. Coyote, well within range of
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the springs at full extension. Mr. Coyote gauged the distance with care and
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proceeded to pull the lanyard release.
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At this point, Defendant's product should have thrust Mr. Coyote forward
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and away from the boulder. Instead, for reasons yet unknown, the Acme
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Spring-Powered Shoes thrust the boulder away from Mr. Coyote. As the
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intended prey looked on unharmed, Mr. Coyote hung suspended in air. Then
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the twin springs recoiled, bringing Mr. Coyote to a violent feet-first
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collision with the boulder, the full weight of his head and forequarters
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falling upon his lower extremities.
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The force of this impact then caused the springs to rebound, whereupon Mr.
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Coyote was thrust skyward. A second recoil and collision followed. The
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boulder, meanwhile, which was roughly ovoid in shape, had begun to bounce
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down a hillside, the coiling and recoiling of the springs adding to its
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velocity. At each bounce, Mr. Coyote came into contact with the boulder,
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or the boulder came into contact with Mr. Coyote, or both came into contact
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with the ground. As the grade was a long one, this process continued for
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some time.
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A sequence of collisions resulted in systemic physical damage to Mr.
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Coyote, viz., flattening of the cranium, sideways replacement of the
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tongue, reduction of length of legs and upper body, and compression of
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vertebrae from base of tail to head. Repetition of blows along a vertical
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axis produced a series of regular horizontal folds in Mr. Coyote's body
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tissues -- a rare and painful condition which caused Mr. Coyote to expand
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upward and contract downward alternately as he walked, and to emit off-key,
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accordionlike wheezing with every step. The distracting and embarrassing
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nature of this symptom has been a major impediment to Mr. Coyote's pursuit
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of a normal social life.
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As the Court is no doubt aware, Defendant has a virtual monopoly of manu-
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facture and sale of goods required by Mr. Coyote's work. It is our con-
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tention that Defendant has used its market advantage to the detriment of
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the consumer of such specialized products as itching powder, giant kites,
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Burmese tiger traps, anvils, and two-hundred-foot-long rubber bands. Much
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as he has come to distrust Defendant's products, Mr. Coyote has no other
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domestic source of supply to which to turn. One can only wonder what our
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trading partners in Western Europe and Japan would make of such a
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situation, where a giant company is allowed to victimize the consumer in
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the most reckless and wrongful manner over and over again.
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Mr. Coyote respectfully requests that the Court regard these larger
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economic implications and assess punitive damages in the amount of seven-
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teen million dollars. In addition, Mr. Coyote seeks actual damages (missed
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meals, medical expenses, days lost from professional occupation) of one
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million dollars; general damages (mental suffering, injury to reputation)
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of twenty million dollars; and attorney's fees of seven hundred and fifty
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thousand dollars. Total damages: thirty-eight million seven hundred and
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fifty thousand dollars. By awarding Mr. Coyote the full amount, this Court
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will censure Defendant, its directors, officers, shareholders, successors,
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and assigns, in the only language they understand, and reaffirm the right
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of the individual predator to equal protection under the law.
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--The New Yorker Magazine, Feb. 26, 1990 (author not credited)
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X-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-X
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Another file downloaded from: NIRVANAnet(tm)
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& the Temple of the Screaming Electron Jeff Hunter 510-935-5845
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Rat Head Ratsnatcher 510-524-3649
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Burn This Flag Zardoz 408-363-9766
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realitycheck Poindexter Fortran 415-567-7043
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Lies Unlimited Mick Freen 415-583-4102
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Specializing in conversations, obscure information, high explosives,
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arcane knowledge, political extremism, diversive sexuality,
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insane speculation, and wild rumours. ALL-TEXT BBS SYSTEMS.
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Full access for first-time callers. We don't want to know who you are,
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where you live, or what your phone number is. We are not Big Brother.
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"Raw Data for Raw Nerves"
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