Nasdaq Can Delist Chinese Company CleanTech, U.S. Judge Says

December 31, 2011, 12:37 AM EST

By Thom Weidlich

Dec. 31 (Bloomberg) -- Nasdaq Stock Market won a federal judge?s permission to delist a Chinese maker of wind towers over its objection that the procedures for kicking it out are marred by bias.

U.S. District Judge Richard J. Sullivan yesterday lifted the restraining order imposed against Nasdaq by New York State Supreme Court Justice Melvin Schweitzer on Dec. 20. Sullivan also denied a request by CleanTech Innovations Inc., based in Tieling, China, that he impose his own temporary restraining order.

?The court finds that the state court lacked jurisdiction to enter a temporary restraining order in a matter arising under? the federal securities law, Sullivan wrote in his order. The U.S. Securities and Exchange Commission on Dec. 28 also denied CleanTech?s request for a stay, which the company can appeal to the federal court rather than the court imposing its own restraining order, Sullivan said.

CleanTech has been fighting removal since January, when Nasdaq asserted that the company, which makes towers for wind turbines, intentionally withheld material information about $20 million in financing during its listing application. The company says it provided all necessary information in a timely manner.

CleanTech has retained as counsel former U.S. Senator Arlen Specter, who represented Pennsylvania as a Republican before becoming a Democrat in 2009.

?Discriminatory Actions?

?Judge Sullivan?s ruling is a technical procedural ruling that doesn?t touch on the substance of the discriminatory actions by Nasdaq against China-based reverse-merger companies,? Blair Fensterstock, a lawyer for CleanTech, said in a phone interview. ?The company intends to take every action possible to pursue the discriminatory actions of Nasdaq and its staff.?

CleanTech alleged the exchange violated its own rules and the company?s right to due process in ?arbitrarily and capriciously? seeking to remove it. Nasdaq?s practices are ?racially motivated? and ?blatantly discriminatory,? aimed at delisting Chinese companies, according to the complaint.

?The staff made it clear that they were looking through a different scope at China-based companies and that whether or not a company and or its advisers had a good reputation was irrelevant,? Fensterstock said.

Auditor Resignations

The court action is part of the fallout from a series of cases alleging fraud involving China-based companies. Chinese shares trading in the U.S. have lost more than $10 billion in market value this year after companies such as Longtop Financial Technologies Ltd. and China MediaExpress Holdings Inc. disclosed financial irregularities or auditor resignations.

Concern has focused on the more than 400 Chinese businesses that have used reverse mergers -- buying public shell companies to gain stock market listings in North America while avoiding the scrutiny of an initial public offering.

The SEC in June cautioned investors about buying stakes in reverse merger companies, saying they may be prone to ?fraud and other abuses.? From 2005 to 2010, Nasdaq approved the listing of more than 55 Chinese reverse mergers, according to a tally by Bloomberg News.

Nasdaq approved CleanTech?s listing in December 2010 and issued a delisting notice a month later, saying the company intentionally failed to disclose material information about bridge financing of $20 million that it received in December, just after the listing.

CleanTech has responded that it had no idea when or whether Nasdaq would approve the listing and that it disclosed the transaction as required without withholding any information.

The case is Cleantech Innovations Inc. v. Nasdaq Stock Market LLC, 11-cv-9358, U.S. District Court, Southern District of New York (Manhattan).

--With assistance from Dune Lawrence in New York. Editors: Mary Romano, Peter Blumberg

To contact the reporter on this story: Thom Weidlich in Brooklyn, New York, federal court at tweidlich@bloomberg.net.

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net.

Source: http://c.moreover.com/click/here.pl?r5683672366&f=378

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At back of the pack, Bachmann soldiers on (CNN)

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Helicopter crash kills 3, puts transplant on hold

A Clay County Sheriff's deputy walks by smoldering brush on his way to wreckage from a helicopter crash in an area west of Green Cove Springs, Fla. Monday afternoon, Dec. 26, 2011. The helicopter was enroute to Gainesville from Mayo Clinic in Jacksonville to receive a heart for a transplant when it crashed. The three people who were in the helicopter died at the scene. (AP Photo/The Florida Times-Union, Kelly Jordan)

A Clay County Sheriff's deputy walks by smoldering brush on his way to wreckage from a helicopter crash in an area west of Green Cove Springs, Fla. Monday afternoon, Dec. 26, 2011. The helicopter was enroute to Gainesville from Mayo Clinic in Jacksonville to receive a heart for a transplant when it crashed. The three people who were in the helicopter died at the scene. (AP Photo/The Florida Times-Union, Kelly Jordan)

A Clay County fire official drives through smoldering brush on his way to wreckage from a helicopter crash in an area west of Green Cove Springs, Fla. Monday afternoon, Dec. 26, 2011. The helicopter was enroute to Gainesville from Mayo Clinic in Jacksonville to receive a heart for a transplant when it crashed. The three people who were in the helicopter died at the scene. (AP Photo/The Florida Times-Union, Kelly Jordan)

Clay County Sheriff's officials create a staging area about 150 yards from wreckage from a helicopter crash in an area west of Green Cove Springs, Fla. Monday afternoon, Dec. 26, 2011. The helicopter was enroute to Gainesville from Mayo Clinic in Jacksonville to receive a heart for a transplant when it crashed. The three people who were in the helicopter died at the scene. (AP Photo/The Florida Times-Union, Kelly Jordan)

Clay County Sheriff's deputies head deep into the woods on four wheelers in an attempt to locate wreckage from a helicopter crash in an area west of Green Cove Springs, Fla. Monday afternoon, Dec. 26, 2011. The helicopter was enroute to Gainesville from Mayo Clinic in Jacksonville to receive a heart for a transplant when it crashed. The three people who were in the helicopter died at the scene. (AP Photo/The Florida Times-Union, Kelly Jordan)

MIAMI (AP) ? A helicopter that was on its way to retrieve a heart for transplant crashed in northern Florida, killing all three on board and leaving the transplant patient having to wait for another organ to become available.

The helicopter departed from a Mayo Clinic in Jacksonville on Monday around 5:45 a.m. carrying a surgeon and a technician along with the pilot. But the helicopter never arrived at the Gainesville hospital, Shands at University of Florida, about 60 miles to the southwest, said Kathy Barbour, a spokeswoman for Mayo, which is based in Rochester, Minn.

Killed were heart surgeon Dr. Luis Bonilla, procurement technician David Hines and the pilot, whose name wasn't released.

The heart they were going to pick up could not be used in another transplant because its viability expired, and the patient who had been scheduled to receive it is waiting for a new organ, Mayo Clinic spokesman Layne Smith said.

The helicopter went down about 12 miles northeast of Palatka, Federal Aviation Administration spokeswoman Kathleen Bergen said. The town is about 40 miles east of Gainesville and about 45 miles south of Jacksonville.

The wreckage, which was in remote, densely forested area, was spotted around noon by another helicopter, said Clay County sheriff's Lt. Russ Burke. Debris was scattered around the crash site, which was hidden from the road by rows of pine trees.

The National Transportation Safety Board was investigating.

The National Weather Service in Jacksonville reported there was light fog with overcast conditions in the area but no rain.

"As we mourn this tragic event, we will remember the selfless and intense dedication they brought to making a difference in the lives of our patients," John Noseworthy, Mayo Clinic president and chief executive officer, said in a statement. "We recognize the commitment transplant teams make every day in helping patients at Mayo Clinic and beyond. Our thoughts and prayers are with the families."

FAA records show the Bell 206 helicopter is operated by SK Jets. The St. Augustine company released a statement: "The focus of our efforts at this time is to attend to the needs of our passengers, crew and their families and work with the NTSB and local public safety officials to determine the cause and extent of the accident."

Gary Robb, a Kansas City aviation attorney specializing in helicopter safety, said SK Jets is known as a careful and safe operator in the industry. The small, lightweight craft has low weight and speed capabilities and is primarily used by traffic reporters or police departments, Robb said.

"It's not usually used in donor flights," he said.

"If you're on a mission where time is sensitive, why use an engine that is low performance?" Robb said, adding that the helicopter has a cramped cabin.

An NTSB investigator will scour the crash site for clues and look into the pilot's experience and any factors that might have impaired the pilot, any environmental factors such as birds or low visibility that may have contributed to the crash, and any mechanical problems with the helicopter, he said.

The Bell 206 usually has an older engine no longer installed in new models, Robb said.

"We've seen a number of instances where that engine simply failed," Robb said.

The crash and others like it illustrate the delicate nature of transporting organs.

In 1990, a surgeon and an assistant flying to pick up a donor heart for a patient were killed in a plane crash in New Mexico. And in 2007, a twin-engine plane carrying a team of surgeons and technicians ? along with a set of lungs on ice being brought to a patient already prepped for surgery ? crashed into the choppy waters of Lake Michigan. Six were killed.

Doctors ultimately got another set of donor lungs that were transplanted into the patient.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/386c25518f464186bf7a2ac026580ce7/Article_2011-12-27-Helicopter%20Crash-Florida/id-dc0c9abd245541aca0f4067a474abbbf

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WASHINGTON WATCH: Yes, veterans, there is a Santa Claus

In my last column, I wrote about wishing that the Christmas spirit of Carson City would rub off on Congress so they could pull together and do some great things for America.

Well, you can imagine my astonishment to pick up my Nevada Appeal and see that Senate Majority Leader Harry Reid, a Democrat, and Sen. Dean Heller, a Republican, actually got together and sponsored a jobs bill that emphasizes and pushes for more job opportunities for veterans.

?This legislation is an example of what can get done when Congress engages in a real bipartisanship dialog. These joint efforts are long-overdue,? Heller said.

Reid noted that the jobs bill had been a priority of his for a long time and he was pleased to have Heller sign on. I just hope that this bipartisanship can continue and that Reid and Heller can set an example for the rest of Congress that good things can happen when people work together, rather than have the constant bickering that accomplishes nothing and which America is sick of.

A tip of the hat and kudos to the two senators, and let this not be just one shot at compromise or a re-election ploy, as suggested by Jon Ralston on ?Face to Face,? but an honest attempt at ?getting along,? which I truly wish to believe.

On a less happy subject, I see that the Republican-controlled House on Monday dropped its objections to a two-month extension of the Social Security payroll tax cut that President Obama called ?the only viable way? to prevent a drop in take-home pay for 160 million workers on Jan. 1.

The standoff had caused confusion in business as the clock ticked on the need to adapt to any new payroll tax measures.

In the meantime, stay vigilant, as Social Security, Medicare and Medicaid still are on the chopping block come 2012 and don't let anyone tell you differently. Don't be caught napping.

I hope all of you had a wonderful Christmas, and let's hope for the best in 2012. Stay tuned.

? Janice Ayres is president of Nevada Senior Corps Association.

Source: http://www.nevadaappeal.com/ARTICLE/20111227/NEWS/111229843/1029/RSS

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California (7-5) vs. Texas (7-5) (ET)

GAME NOTES: This year's Bridgepoint Education Holiday Bowl features two storied programs as the California Golden Bears of the Pac 12 and the Texas Longhorns of the Big 12 will square off at Qualcomm Stadium in San Diego.

Jeff Tedford is the winningest coach in Cal football history and led his squad to a 7-5 overall record in 2011. The Golden Bears had big wins over Utah and Arizona State and took Stanford to the wire in a 31-28 battle. California won three of its last to finish 4-5 in the new look Pac 12 Conference.

Tedford is 1-1 in Holiday Bowls with the Golden Bears, who are 10-9-1 all-time in postseason play. California's last bowl game appearance came in the 2009 Poinsetta Bowl, a 37-27 loss to Utah, snapping a four-game bowl win streak for the Golden Bears.

Texas had a good season by most standards, but it was a letdown due to the high expectations Mack Brown has established since taking over in Austin in 1998. Texas is happy to be playing a postseason game after last year snapped an 18-year streak of being invited to the bowl season. During his tenure, the Longhorns set a record with nine straight seasons of 10 wins or more, including winning the 2005 BCS National Championship.

This marks the fifth all-time meeting between these two teams on the gridiron. Texas has won all four previous matchups, with the last one coming way back in 1970.

This will not be the first Holiday Bowl appearance for Brown and Texas, as his team played in the postseason matchup in 2000, 2001, 2002, and 2007. Brown is 2-2 in Holiday Bowls. Texas is 25-22-2 in bowl games overall, with its last one being a 37-21 loss to Alabama for the 2010 BCS Championship.

California's late season burst can be attributed to the development of its offensive stars Zach Maynard and Isi Sofele. Tedford commented on Maynard's progression

"He is a first-year player in our program. I really felt like if you look at the last half of the season and took the UCLA game out of it he completed close to 69 percent of his passes with 159 passing efficiency. He played really, really well and didn't turn the football over. I think it was key for him the manage the game and we got our run game going which really helped us finish the year strong".

Maynard threw for 763 yards and five touchdowns with just one interception in his last four games. He did throw three or more interceptions in two games this season, but seems to have grasped the offense better with experience. Maynard's top target this year was his brother Keenan Allen. The sophomore wideout finished the regular season with 1,261 yards and six receiving touchdowns. Allen's 7.4 catches per game ties for 12th in the nation. The duo will have his its work cut out as it faces the Big 12's top passing defense.

Sofele is the key component of Cal's attack. The junior tailback rushed for 1,270 yards and nine touchdowns on 232 carries in the regular season. Sofele is a workhorse as he has carried the ball over 20 times in each of his last four games. California's balanced attack gives it the 37th best offense in the nation with an average of 418.7 total yards of offense per game.

Despite playing in the Pac 12 with the likes of Oregon and Stanford, the Golden Bears are ranked 26th in the nation in total defense (339.4 yards allowed per game). Tedford's defense is very aggressive and ranks 17th in sacks (2.67 per game) and fifth in tackles for loss (7.67 per game). Cal's defense is led by the Pac-12 Defensive Player of the Year Mychal Kendricks, all-conference second-team selection Trevor Guyton, and team captain D.J. Holt.

The Longhorns' offense is decent with averages of 404.0 yards of total offense per game and 28.7 ppg. The offense's key players are all very young, however. Case McCoy, younger brother of Texas alum Colt McCoy, emerged as the team's starting quarterback late in the year. McCoy set career highs in all of the following categories in the regular season finale against Baylor as he completed 24-of-39 pass attempts for 356 yards with three touchdowns and four interceptions. David Ash could see some time under center as both young quarterbacks continue to develop.

The Longhorn's top rusher Malcolm Brown missed the team's last game. The freshman star gained 707 yards on the ground despite missing three games. Joe Bergeron, also a freshman, reeled off back to back 100-yard performances in the middle of the year, but missed the last two games with injury. Although banged up, Brown and Bergeron have been practicing and are expected to split the carries against the Golden Bears' stifling rush defense.

Mike Davis is the team's top receiving option as he racked up 609 yards on 45 catches so far in his sophomore season. Freshman wideout Jaxon Shipley submitted his second 100-plus yard receiving performance of the year against Baylor with 121 yards on four catches.

The Longhorn defenders experienced a learning curve under first-year defensive coordinator Manny Diaz. Cornerback Carrington Byndom spoke about the team's progression during the course of the year

"I think we have come a long way. Definitely in the beginning of spring, it was a little difficult with trying to learn a new system. He put in his time with it during our 13 or 15 practices in the spring, and then in our two-a- days we had to learn and pick up the system. As the season went on, I think everyone started to buy in and started to see the concepts of the defense."

Diaz did a tremendous job as his defense is tops in the Big 12 with 315.3 yards of total offense allowed per game (15th nationally) and ranks first against the run and the pass. The aggressive gameplan has resulted in three players with double-figure stops for losses - end Jackson Jeffcoat (14), linebacker Emmanuel Acho (13.5), and end Alex Okafor (12.5). Acho leads the team with 102 total tackles and was named to the 2011 All-Big 12 First-Team.

While California seemed to click as the season went on, Texas dealt with injuries that took a toll on its late season run. With a few weeks rest, Texas should be fresh. The Longhorns will win this one with exceptional defense and a strong freshmen tandem at tailback.

Sports Network Predicted Outcome: Texas 24, California 20

Source: http://www.thenewstribune.com/2011/12/26/1959176/california-7-5-vs-texas-7-5-et.html?storylink=rss

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All About Ben?s

Ben's Bargains is your one-stop destination for the best online deals. We are a team of dedicated deal hunters, focused on finding the hottest deals and lowest prices on the Internet.

For over 10 years, Ben?s Bargains has helped consumers like you save bundles of cash. We publish dozens of handpicked deals around the clock, so drop by early and often to get the lowdown on unbeatable bargains.

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JetBlue: @sucklepig thanks for what you do! -and wish the LGB team a Merry Christmas from the JetBlue Twitter team ^MJ

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@sucklepig thanks for what you do! -and wish the LGB team a Merry Christmas from the JetBlue Twitter team ^MJ Il y a environ 2 heures via CoTweet

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Amazon UK opens its doors for the Christmas sales, adds hundreds of Kindle books from 99p

Got some Kindle hardware burning a hole in your pile of festive gifts? Well, British bookworms have been given some extra yuletide joy courtesy of Amazon UK which has also started a 12-day sale, focusing on its e-book wares. The site vows to add more digital reads each day and it looks like all the additions will stick with their shrunken price tags for the extent of the sale. Head to the source below for some one-click literary gratification.

Amazon UK opens its doors for the Christmas sales, adds hundreds of Kindle books from 99p originally appeared on Engadget on Mon, 26 Dec 2011 08:15:00 EDT. Please see our terms for use of feeds.

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Bikini-Clad Zoe Kravitz Engages in Poolside PDA with Penn Badgley (omg!)

?

While Blake Lively's relationship with Ryan Reynolds continues to heat up in Vancouver, her ex-boyfriend Penn Badgley is enjoying his own romantic getaway.

PHOTOS: Blake and Penn's sexy PDA

The Gossip Girl star, 25, was spotted vacationing in Miami with girlfriend Zoe Kravitz on Friday.?

Kravitz, 23, rocked a teeny, floral-print bikini with a straw fedora and Badgley sported a bushy 'do and a beaded necklace with his swimsuit.

PHOTOS: Hottest hookups of 2011

The sexy twosome, who debuted their relationship in October, took a romantic dip in the pool and later sipped cocktails on the beach in addition to canoodling on a lounge chair.

PHOTOS: Surprise! Who was Penn's celeb roomie?

Badgley and Gossip Girl costar Lively, 24, called it quits after three years together in October 2010. Kravitz (the stunning daughter of rocker Lenny Kravitz and Cosby Show's Lisa Bonet) most recently dated her hot X Men costar Michael Fassbender.

?

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China central bank chief: cut reliance on rating agencies (Reuters)

BEIJING (Reuters) ? China's Central Bank Governor Zhou Xiaochuan said financial companies must cut their reliance on ratings agencies, and that China is considering setting up a system where investors pay for ratings, rather than bond issuers.

Zhou was speaking at a forum in Beijing.

(Reporting by Aileen Wang and Koh Gui Qing)

Source: http://us.rd.yahoo.com/dailynews/rss/business/*http%3A//news.yahoo.com/s/nm/20111225/bs_nm/us_china_cbank_ratings

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Police in Berkeley end overnight Occupy camping (Reuters)

BERKELEY, Calif (Reuters) ? A camp of anti-Wall Street protesters in Berkeley, California, has all but vanished under pressure from police, who have returned repeatedly to enforce a nighttime curfew, authorities said on Friday.

The Occupy Berkeley camp in the liberal Northern California college town was one of a dwindling number of similar sites where protesters camped overnight on public property.

Police in Berkeley made two arrests of people who refused to leave Civic Center Park on Thursday night, following another two arrests the night before, but most protesters left voluntarily, said Berkeley Police Lieutenant Andrew Greenwood.

Police leafleted the Occupy Berkeley camp on Wednesday, warning they would no longer tolerate violation of an ordinance that closes city parks between 10 p.m. and 7 a.m. As a result, many protesters began packing up their tents.

The camp, which had about 50 tents at its height, had become increasingly violent, police said. And protesters told Reuters there were conflicts within their ranks as mentally ill people took up residence.

By Thursday afternoon, most tents were gone and public works employees guarded by police picked up tents and other items left behind, Greenwood said.

Protesters returned on Friday morning and pitched three tents. "It has been made clear to them that they will have to be out of there by 10 p.m.," Greenwood said.

The Occupy movement, which argues the U.S. economic system is unfair with too much wealth and power held by a few, began in New York in September and quickly spread to other cities.

But many of the encampments have since been cleared by authorities, often on the basis that they had become unsanitary or had growing safety and crime problems.

(Reporting by Laird Harrison: Editing by Alex Dobuzinskis and Jerry Norton)

Source: http://us.rd.yahoo.com/dailynews/rss/us/*http%3A//news.yahoo.com/s/nm/20111224/us_nm/us_protests_berkeley

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India: cellphones generate radiation, send a text message instead

Is your cellphone bad for your health? India's government seems to think so, because it's planning a law that will require all phones to display how much electro-magnetic radiation they generate. Radiation is measured in SAR (Specific Absorption Rate) and the Indian limit has been lowered to match the USA's 1.6W/kg, whereas before it followed the European ceiling of 2W/kg. But even handsets that meet this criterion may have to declare their SAR level, and also carry a message asking people to keep their calls or short or use SMS instead -- implying that the Indian government regards radiation as dangerous at any level.

[Thanks, Yogesh]

India: cellphones generate radiation, send a text message instead originally appeared on Engadget on Fri, 23 Dec 2011 07:31:00 EDT. Please see our terms for use of feeds.

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Miles scores 17 to lead Jazz over Blazers 92-89 (AP)

SALT LAKE CITY ? C.J. Miles scored 17 points, including a pair of free throws with 2.2 seconds left, to help the Utah Jazz hold on for a 92-89 victory over the Portland Trail Blazers on Wednesday night.

Al Jefferson added 15 points and nine rebounds for the Jazz, who avenged a 20-point loss in Portland on Monday.

Raymond Felton led the Trail Blazers with 17 points, and LaMarcus Aldridge added 15 points and 11 rebounds.

Second-year pro Derrick Favors, who had 25 points and 12 rebounds Monday, started for Utah and scored just seven points because of early foul trouble.

Both teams were without starters. Portland's Marcus Camby sat out pending an MRI on his left knee ? Blazers coach Nate McMillan didn't believe the injury was serious ? and Paul Millsap missed his second straight game for Utah because of right quad tendinitis.

Aldridge started for Portland after missing the start of training camp to receive treatment for Wolff-Parkinson-White Syndrome, a condition which causes the ventricles of the heart to prematurely contract. He showed some signs of rust, making just 5 of 17 shots

The Jazz came out with much more energy than they did in Monday's 110-90 loss in Portland, but the aggressiveness put them in early foul trouble. Gordon Hayward picked up his third less than halfway through the first quarter, Favors had his third just a minute later and Raja Bell had three with 4 minutes remaining.

The Jazz took their first lead on a three-point play by Jeremy Evans off a pass from Jamaal Tinsley. Josh Howard then scored on a driving layup on an assist from Miles to push Utah's lead to 38-37.

The points were the first for Howard, a free-agent signed last week. He finished with eight.

Utah's reserves kept the Jazz close early. Miles had seven points in the first quarter, while Mehmet Okur added five.

Utah led 53-47 at halftime, with its bench contributing 36 points. Miles led all scorers at halftime with 15.

Utah led by 11 in the fourth quarter before Jamal Crawford and Wesley Matthews brought the Blazers back, but a late turnover ruined the comeback.

Source: http://us.rd.yahoo.com/dailynews/rss/sports/*http%3A//news.yahoo.com/s/ap/20111222/ap_on_sp_bk_ga_su/bkn_trail_blazers_jazz

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Video: Jefferies Jumps on Earnings

Is the banking business model a risk? Shares of Jefferies are surging today and discussing his take on the company, with Jeff Harte, Sandler O'Neill. Also, Richard Handler, Jefferies CEO weighs in.

Related Links:

Business & financial news headlines from msnbc.com

Source: http://video.msnbc.msn.com/cnbc/45739440/

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AP-GfK Poll: Obama re-election odds roughly 50-50 (AP)

WASHINGTON ? Entering 2012, President Barack Obama's re-election prospects are essentially a 50-50 proposition, according to a new Associated Press-GfK poll. It found that most Americans say the president deserves to be voted out of office even though they have concerns about the Republican alternatives.

Obama's overall standing in the poll suggests he could be in jeopardy of losing re-election even as the survey showed that public's outlook on the economy appears to be improving. For the first time since spring, more people said the economy got better in the past month than said it got worse. The president's approval rating on unemployment shifted upward ? from 40 percent in October to 45 percent in the latest poll ? as the jobless rate fell to 8.6 percent last month, its lowest level since March 2009.

But Obama's approval rating on his handling of the economy overall remains stagnant: Thirty-nine percent approve and 60 percent disapprove.

Heading into his re-election campaign, the president faces a conflicted public. It does not support his steering of the economy, the most dominant issue for Americans, or his overhaul of health care, one of his signature accomplishments, but it also is grappling with whether to replace him with Republican contenders Mitt Romney or Newt Gingrich.

The poll found Americans were evenly divided over whether they expect Obama to be re-elected next year.

For the first time, the poll found that a majority of adults, 52 percent, said Obama should be voted out of office while 43 percent said he deserves another term. The numbers mark a reversal since last May, when 53 percent said Obama should be re-elected while 43 percent said he didn't deserve four more years.

Obama's overall job approval stands at a new low, with 44 percent approving and 54 percent disapproving. The president's standing among independents is worse: Thirty-eight percent approve while 59 percent disapprove. Among Democrats, the president holds steady with an approval rating of 78 percent while only 12 percent of Republicans approve of the job he's doing.

"I think he's doing the best he can. The problem is the Congress won't help at all," said Rosario Navarro, a Democrat and a 44-year-old truck driver from Fresno, Calif., who voted for Obama in 2008 and intends to support him again.

Robin Dein, a 54-year-old homemaker from Villanova, Pa., who is an independent, said she supported Republican John McCain in 2008 and has not been impressed with Obama's economic policies. She intends to support Romney if he wins the GOP nomination.

Obama, she said, "spent the first part of his presidency blaming Bush for everything, not that he was innocent, and now his way of solving anything is by spending more money."

Despite the soft level of support, many are uncertain whether a Republican president would be a better choice. Asked whom they would support next November, 47 percent of adults favored Obama and 46 percent Romney, the former Massachusetts governor. Against Gingrich, the president holds a solid advantage, receiving 51 percent compared with 42 percent for the former House speaker.

The potential matchups paint a better picture for the president among independents. Obama receives 45 percent of nonaligned adults compared with 41 percent for Romney. Against Gingrich, Obama holds a wide lead among independents, with 54 percent supporting the president and 31 percent backing the former Georgia congressman.

Another piece of good news for Obama: People generally like him personally. Obama's personal favorability rating held steady at 53 percent, with 46 percent viewing him unfavorably. About three-quarters called him likable.

The economy remains a source of pessimism, though the poll suggests the first positive movement in public opinion on the economy in months. One in five said the economy improved in the last month, double the share saying so in October. Still most expect it to stay the same or get worse.

"I suppose you could make some sort of argument that it's getting better, but I'm not sure I even see that," said independent voter John Bailey, a 61-year-old education consultant from East Jordan, Mich. "I think it's bad and it's gotten worse under (Obama's) policies. At best, it's going to stay bad."

Despite the high rate of joblessness, the poll found some optimism on the economy. Although 80 percent described the economy as "poor," respondents describing it "very poor" fell from 43 percent in October to 34 percent in the latest poll, the lowest since May. Twenty percent said the economy got better in the past month while 37 percent said they expected the economy to improve next year.

Yet plenty of warning signs remain for Obama. Only 26 percent said the United States is headed in the right direction while 70 percent said the country was moving in the wrong direction.

The president won a substantial number of female voters in 2008 yet there does not appear to be a significant tilt toward Obama among women now. The poll found 44 percent of women say Obama deserves a second term, down from 51 percent in October, while 43 percent of men say the president should be re-elected.

About two-thirds of white voters without college degrees say Obama should be a one-term president, while 33 percent of those voters say he should get another four years. Among white voters with a college degree, 57 percent said Obama should be voted out of office.

The poll found unpopularity for last year's health care overhaul. About half of the respondents oppose the health care law and support for it dipped to 29 percent from 36 percent in June. Just 15 percent said the federal government should have the power to require all Americans to buy health insurance.

Even among Democrats, the health care law has tepid support. Fifty percent of Democrats supported the health care law, compared with 59 percent of Democrats last June. Only about a quarter of independents back the law.

The president has taken a more populist tone in his handling of the economy, arguing that the wealthy should pay more in taxes to help pay for the extension of a payroll tax cut that would provide about $1,000 in tax cuts to a family earning about $50,000 a year. Among those with annual household incomes of $50,000 or less, Obama's approval rating on unemployment climbed to 53 percent from 43 percent in October.

The Associated Press-GfK Poll was conducted Dec. 8-12 by GfK Roper Public Affairs and Corporate Communications. It involved landline and cellphone interviews with 1,000 adults nationwide and has a margin of sampling error of plus or minus 4 percentage points.

___

Associated Press writer Stacy A. Anderson and News Survey Specialist Dennis Junius contributed to this report.

___

Online:

http://www.ap-gfkpoll.com

Source: http://us.rd.yahoo.com/dailynews/rss/topstories/*http%3A//news.yahoo.com/s/ap/20111216/ap_on_el_pr/us_ap_poll_obama

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Kickstarter: Cam Crate, A Simple, Rugged, Waterproof Camera Case

The last few times I've brought my camera out into the wilderness, I've had a few fears regarding its safety. Sure, a foam case will prevent the lens from getting scratched and so on, but what it is mauled by a bear, or we are attacked by werewolves? Most hard cases, like those from Pelican, are reliable but bulky, designed for air travel with multiple lenses, but not hiking or climbing and quick access. This Kickstarter project, the Cam Crate, hopes to make a simple hardened case for your full-size SLR and its attached lens.

Source: http://feedproxy.google.com/~r/Techcrunch/~3/ywclMKrVqb0/

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World's shortest woman wants to be Bollywood star

Guinness World Records adjudicator Rob Molloy, right, and Dr. Manoj Pahukar of Wockhardt hospital, second left, measure Jyoti Amge at a press conference in Nagpur, India, Friday, Dec. 16, 2011. Amge, 18, was declared shortest woman in the world measuring 62.8 centimeters (24.7 inches) by the Guinness World Records. (AP Photo/Manish Swarup)

Guinness World Records adjudicator Rob Molloy, right, and Dr. Manoj Pahukar of Wockhardt hospital, second left, measure Jyoti Amge at a press conference in Nagpur, India, Friday, Dec. 16, 2011. Amge, 18, was declared shortest woman in the world measuring 62.8 centimeters (24.7 inches) by the Guinness World Records. (AP Photo/Manish Swarup)

Jyoti Amge smiles after getting the title of the shortest woman by the Guinness World Records adjudicator Rob Molloy, in Nagpur, India, Friday, Dec. 16, 2011. Amge was declared the shortest woman in the world measuring 62.8 centimeters (24.7 inches) by the Guinness World Records. (AP Photo/ Manish Swarup)

Indian Jyoti Amge, 18, who stands at 61.95 centimeters (2 feet), poses in front of a mirror as she prepares for a press conference with Guinness World Records at her home in Nagpur, India, Friday, Dec. 16, 2011. Officials from Guinness were expected to measure Amge later Friday and declare her the World's Shortest Woman. (AP Photo/Manish Swarup)

Guinness World Records adjudicator Rob Molloy, right, confers the title of the shortet woman of the world to Jyoti Amge, in Nagpur, India, Friday, Dec. 16, 2011. Amge was declared the shortest woman in the world measuring 62.8 centimeters (24.7 inches) by the Guinness World Records. (AP Photo/ Manish Swarup)

Jyoti Amge wipes her tears after getting the title of the shortest woman of the world, in Nagpur, India, Friday, Dec. 16, 2011. Amge was declared the shortest woman in the world measuring 62.8 centimeters (24.7 inches) by the Guinness World Records. (AP Photo/ Manish Swarup)

AGPUR, India (AP) ? A high school student in central India was recognized as the world's shortest woman by Guinness World Records on Friday as she turned 18, saying she hopes to earn a degree and make it in Bollywood.

Jyoti Amge stood just 62.8 centimeters (24.7 inches) tall ? shorter than the average 2-year-old ? when Guinness representatives visiting from London measured her at a ceremony attended by about 30 family and friends in the town of Nagpur, in Maharashtra state.

A teary-eyed Amge, dressed in one of her finest saris, called the honor an "extra birthday present" and said she felt grateful for being small, as it had brought her recognition. After receiving a plaque, she and her guests cut a birthday cake.

"I have put Nagpur on the world map. Now everyone will know where it is," said Amge, who says she dreams of one day becoming a Bollywood film star as well as pursuing a university degree after she finishes high school this year.

"I want to be an actor," she said.

She measured 7 centimeters (2.76 inches) shorter than the 22-year-old American Bridgette Jordan, who had held the title since September.

"Jyoti encourages us all to look beyond mere size and to just celebrate our differences," Guinness adjudicator Rob Molloy said.

This was not Amge's first Guinness record. Until Friday she was considered the world's shortest teenager, but in turning 18 qualified for the new title. She has grown less than 1 centimeter (0.4 inch) in the last two years, Guinness said in a statement, and will grow no more due to a form of dwarfism called achondroplasia.

Her teenage title brought the chance for multiple Guinness-sponsored trips to Japan and Italy for tours and meetings with other record holders, she said.

The title of shortest woman in history continues to be held by Pauline Musters, who lived in the Netherlands from 1876 to 1895 and stood 61 centimeters (24 inches) tall.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/cae69a7523db45408eeb2b3a98c0c9c5/Article_2011-12-16-AS-India-Shortest-Woman/id-3ff0272e62c242c8ac78187ca48d5568

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Did Prosecutors Embellish Hinckley?s Actions? (ABC News)

Share With Friends: | | Politics - Top Stories News, News Feeds and News via Feedzilla.

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Dallas ices its kicker, loses

Garrett's timeout nullifies potential game-winning field goal

updated 8:07 p.m. ET Dec. 4, 2011

GLENDALE, Ariz. - The Arizona Cardinals did it again to Dallas.

For the third time in their three meetings since 2008 ? all of in Arizona ? the Cardinals beat the Cowboys in excruciating fashion.

LaRod Stephens-Howling caught a short pass from Kevin Kolb and zipped 52 yards for a touchdown in overtime to give the Cardinals a 19-13 victory Sunday, snapping the Cowboys' four-game winning streak.

"There's something about the Cowboys," Arizona wide receiver Andre Roberts said. "I don't know."

The loss was made more painful because Dallas probably should have won it, but the Cowboys called a timeout a heartbeat before Dan Bailey's 49-yard field goal sailed through the uprights for what would have been the game-winner at the end of regulation.

"The play clock was running down. We just wanted to make sure that he had a real clean opportunity at it," Dallas coach Jason Garrett explained. "It was at about 6 (seconds) and we were still getting settled in, so we banged a time out to give him the opportunity to get the snap, hold and kick as clean as possible."

Bailey's next try was short and to the left, sending the game to overtime.

"The first one, I felt like I hit it good. Obviously it went in," Bailey said. "We called the timeout, but that is my job to regroup and make the next one. I didn't do that. No excuses. I should have made it despite the circumstances."

Bailey earlier missed a 53-yarder, snapping a streak of 26 in a row he had made, dating to Week 2.

"I was glad they iced their kicker so I didn't have to," said Arizona coach Ken Whisenhunt, whose team won at home in overtime for the second time this season.

It was simply a typical Cowboys-Cardinals finish.

Last Christmas, Arizona beat Dallas 27-26 on Jay Feely's 48-yard field goal with 5 seconds to play. In 2008, the Cardinals won in overtime 30-24 on a blocked punt.

Stephens-Howling, who stands just 5-foot-7, dodged a host of would-be Cowboys tacklers to scamper in with the score.

"It was supposed to be a screen, but the linemen couldn't get out because the D-line was pressuring us," he said. "I saw the end zone when I turned around, I knew I had to go, and we had a lot of guys downfield helping me."

Kolb completed 16 of 25 passes for 247 yards in his first game in five weeks.

Tony Romo was 28 for 42 for 299 yards for the Cowboys.

Arizona (5-7), which has won four of five, beat a team with a winning record for the first time this season. The Cowboys (7-5) remained alone in first in the NFC East because the New York Giants (6-6) lost to undefeated Green Bay.

Each quarterback was sacked five times.

The Cardinals won the toss and got the ball for the first and only possession in overtime.

Kolb's 16-yard pass to Roberts, who had six catches for 111 yards, advanced the ball to the Dallas 47, but a false start penalty moved it back to the Arizona 48.

On first-and-15, Kolb threw a short swing pass to Stephens-Howling. The play easily got the first down, but the diminutive back stayed on his feet, avoided would-be tacklers and made a couple of nifty cuts en route to the end zone.

"LaRod felt it all get bottled up because the pressure came strong side, then he just kicked it out wide," Kolb said. "I tried to hold on as long as possible to give him enough room to make a play and then he does what he does best and that's making people miss in the open field. It was an exciting day and one I'll never forget, for sure."

Kolb was thinking field goal, not touchdown, as Stephens-Howling ran downfield.

"As soon as he broke for 20 (yards), I'm screaming behind him 'Go down! Go down!'" he said. "But when those guys get a chance, they're not going to, and I'm glad he didn't now."

Kolb, out with turf toe and bruise on the side of his right foot since Oct. 30, was rusty early, but after halftime, he was 9 of 14 for 203 yards.

Bryant had eight catches for 86 yards, but DeMarco Murray managed just 38 yards on 12 carries. Beanie Wells gained 67 yards on 20 attempts, including a 5-yard touchdown run.

Kolb directed a quick six-play, 79-yard touchdown drive early in the fourth quarter to tie it at 13. The big plays were his passes of 40 and 22 yards to Roberts. Wells' TD run up the middle tied it with 13:08 remaining.

The Cardinals had to punt from the end zone late in the game after Early Doucet dropped a third-down pass that would have given Arizona a first down. Bryant returned the punt to the 22, but an illegal block in the back penalty against Orlando Scandrick pushed it back to the Dallas 40

"Of course I think it was a bad call," Bryant said.

On third-and-11 from the Cardinals 46, Romo threw 15 yards to Bryant to the Arizona 31 as time slipped away. That set up Bailey's missed field goal.

As usual, there was a huge contingent of white-jerseyed Dallas fans, a fact apparent not only from the color of their apparel but from the loudness of the cheering when the Cowboys did something good.

But the team could not cash in on early opportunities. The Cowboys were in Arizona territory six of the seven times they had the ball in the first half, yet led only 10-3 at the half.

On Dallas' second possession, Bailey tried a 53-yarder, his longest since coming to the NFL, but was wide right, just his second miss in 28 attempts this season. Later in the first half, Bailey's 50-yard attempt bounced off the right upright and through to tie it at 3.

Arizona, meanwhile, was mired in awful field position most of the first half.

Dallas finally got the first touchdown late in the opening half. DeMarcus Ware's 15th sack of the season pinned the Cardinals at their own 2 and Bryant's 14-yard punt return put Dallas at Arizona's 33. Romo found Jason Witten over the middle for 28 yards to the Arizona 5, then threw to a wide-open Bryant for the touchdown. That put Dallas up 10-3.

"There were a lot of mistakes out there today," Romo said. "We can look at a lot of different areas. We are going to be very disappointed in some of the things we did as a football team."

? 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Ex-leader in court: Khmer Rouge not 'bad people' (AP)

PHNOM PENH, Cambodia ? The No. 2 leader of Cambodia's brutal Khmer Rouge regime told a court he and his comrades were not "bad people," denying responsibility Monday for the deaths of an estimated 1.7 million Cambodians during their 1970s rule.

Nuon Chea's defiant statements came as the U.N.-backed tribunal began questioning him for the first time since the long-awaited trial of three top regime leaders began late last month. Nuon Chea and two other Khmer Rouge leaders are accused of crimes against humanity, genocide, religious persecution, homicide and torture stemming from the group's 1975-79 reign of terror. All have denied wrongdoing.

The trusted deputy of the late Pol Pot, Nuon Chea blamed neighboring Vietnam for the atrocities that occurred, reiterating long-standing Khmer Rouge's claims that the mass graves discovered subsequently were of people killed by Vietnamese armed forces.

This week the court is expected to focus on charges involving the forced movement of people and crimes against humanity. After the Khmer Rouge captured Phnom Penh on April 17, 1975, they began moving an estimated 1 million people ? even hospital patients ? from the capital into the countryside in an effort to create a communist agrarian utopia.

After a court clerk read a background of the Khmer Rouge and the three defendants, Nuon Chea defended the notoriously brutal movement.

"I don't want the next generation to misunderstand history. I don't want them to believe the Khmer Rouge are bad people, are criminals," Nuon Chea said. "Nothing is true about that."

The 85-year-old one-time chief ideologist for the communist movement insisted that no Cambodian was responsible for atrocities during the Khmer Rouge's reign.

"These war crimes and crimes against humanity were not committed by the Cambodian people," Nuon Chea said. "It was the Vietnamese who killed Cambodians."

Vietnam, whose border suffered bloody attacks by Khmer Rouge soldiers, sponsored a resistance movement and invaded, toppling the Khmer Rouge in 1979 and installing a client regime.

When a judge asked about the background of Khmer Rouge party, Nuon Chea said it had been set up to liberate the country from the rich and powerful.

Later, Nuon Chea twice asked the court to adjourn early, complaining of heart problems and breathlessness. Judge Nil Nonn then adjourned proceedings until Tuesday.

The other defendants are Khieu Samphan, an 80-year-old former head of state who also told the court in November he bore no responsibility for atrocities, and 86-year-old Ieng Sary, who has said he will not participate in the trial until a ruling is issued on a pardon he received in 1996. The tribunal previously ruled the pardon does not cover its indictment against him.

There is concern that the accused could pass away before justice is achieved.

Pol Pot died in 1998 in Cambodia's jungles, and a fourth defendant, 79-year-old Ieng Thirith, was ruled unfit to stand trial because she has Alzheimer's disease. She is Ieng Sary's wife and was the regime's minister for social affairs.

The tribunal is seeking justice on behalf of the estimated quarter of Cambodia's population who died from executions, starvation, disease and overwork under the Khmer Rouge.

"This is the first time the accused persons will be asked questions in a public hearing about their role in the events that led to the takeover of Phnom Penh on 17 April 1975 and about the policies of the Khmer Rouge," tribunal spokesman Lars Olsen told The Associated Press.

Olsen said the initial testimony will take several days. After the accused have been questioned, witnesses and civil parties will be also called to testify, he said.

So far the U.N.-backed tribunal, established in 2006, has tried just one case, convicting Kaing Guek Eav, the former head of the Khmer Rouge's notorious S-21 prison, last year and sentencing him to 35 years in prison for war crimes, crimes against humanity and other offenses. His sentence was reduced to 19 years due to time served and other technicalities.

That case was seen as much simpler than those currently before the court, in part because Kaing Guek Eav confessed to his crimes.

Chum Mey, 80, one of only two survivors of the S-21 prison, said he doesn't believe the three defendants will tell the truth about what happened in the 1970s.

"During last month's sessions we heard them say only that their regime was good and worked for the entire people," Chum Mey said.

Source: http://us.rd.yahoo.com/dailynews/rss/asia/*http%3A//news.yahoo.com/s/ap/20111205/ap_on_re_as/as_cambodia_khmer_rouge

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Opposition expected to win Croatian vote (AP)

ZAGREB, Croatia ? Croatians are voting in an election that is expected to unseat the conservative government ahead of the country's entry into the European Union.

The vote Sunday for Croatia's 151-seat parliament pits the governing center-right Croatian Democratic Union, or HDZ, against a coalition of center-left parties that has led recent opinion polls.

The winner is likely to lead Croatia as it gears up to join the EU in July 2013 as its 28th member.

The conservatives have ruled Croatia since its 1990s war for independence from the former Yugoslavia, except for 2001-2003, when the center-left coalition took over.

But HDZ has been embroiled in a corruption scandals that have diminished its chances of winning Sunday.

Source: http://us.rd.yahoo.com/dailynews/rss/europe/*http%3A//news.yahoo.com/s/ap/20111204/ap_on_re_eu/eu_croatia_elections

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Girls Gone Gadgets podcast tonight at 10:30pm ET

Girls Gone Gadgets 2, with the awesome Ashley Esqueda and fabulous Georgia, hits the 'net tonight! They'll be talking news, giving you their holiday device, accessory, and app picks, and answering your questions about love, life, and tech!

Time: 7:30pm PT / 10:30pm ET

Place: http://www.tipb.com/live

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U.S. jobless rate drops to 2-1/2 year low (Reuters)

WASHINGTON (Reuters) ? The U.S. unemployment rate tumbled to a 2-1/2 year low in November, even though the pace of hiring remained too slow to suggest a significant acceleration in the labor market recovery.

Nonfarm payrolls increased by 120,000 jobs last month, the Labor Department said on Friday, and the jobless rate dropped to 8.6 percent, the lowest since March 2009, from 9.0 percent in October.

It was the biggest monthly decline since January. While part of the decrease was due to people leaving the labor force, the household survey from which the department calculates the unemployment rate also showed solid gains in employment.

"The economy is continuing to head in the right direction," said Millan Mulraine, senior macro strategist at TD Securities in New York. "However, the ultimate test of the sustainability of the recovery is for the economy to create a sufficient number of jobs to sustain a consumer-led rebound in activity."

"On this measure, this report falls short," he said.

Although the gain in the number of jobs created as measured by the survey of employers was relatively modest, it marked a pick-up from October's upwardly revised 100,000 increase.

In all, 72,000 more jobs were created in October and September than previously reported.

The retail sector accounted for more than a third all new private sector jobs in November as shops geared up for a busy holiday season, but average earnings fell two cents.

So far data ranging from manufacturing to retail sales suggest the U.S. economy's growth pace could top 3 percent in the fourth quarter, an acceleration from the third quarter. In contrast, much of the rest of the world is slowing and the euro zone appears to have already fallen into recession.

FED MAY STILL ACT

Stocks on Wall Street rose on both the employment report and growing optimism of a solution to the European debt crisis. Prices for U.S. government debt rose and the dollar gained against a basket of currencies.

The report could temper the appetite among some Federal Reserve officials to ease monetary policy further.

In forecasts released earlier this month, the Fed said the jobless rate would likely average 9 percent to 9.1 percent in the fourth quarter. It did not expect it to drop to an 8.5 percent to 8.7 percent range until late next year.

"The drop in the unemployment rate may make them a little less antsy to pull out the big guns, but there is still not enough evidence of sustained, above-trend growth to get them to stop worrying about downside risks," said Michael Feroli, an economist at JPMorgan in New York.

However, it is unlikely to take much pressure off President Barack Obama, whose economic stewardship will face the judgment of voters next November.

Obama used the report to press Congress to extend a payroll tax holiday which expires this month. Economists have warned that failure to renew the tax cut would a significant drag on the recovery next year.

"Now is not the time to slam the brakes on the recovery, right now its time to step on the gas," Obama said.

ROBUST HOUSEHOLD JOB GAINS

While the government's survey of employers has shown a still-tepid pace of job growth, its separate poll of households has shown robust jobs gains for four straight months amounting to 1.28 million.

Analysts were unperturbed by the exit by 315,000 people from the labor force last month, noting that more people had piled in over the last three months. If the labor participation rate had held steady, the unemployment rate would have fallen less dramatically to 8.9 percent.

The expiration of extended long-term unemployment benefits at the end of December may have contributed to the big drop in the labor force, as well as some of the so-called baby-boomers retiring.

In order to qualify for unemployment benefits, recipients have to be actively looking for work.

"It is likely that many long-term unemployed workers are dropping out as their unemployment insurance benefits expire. Many of these workers will likely stay out of the job market permanently," said Sophia Koropeckyj, a director of research at Moody's Analytics in West Chester, Pennsylvania.

Also pointing to the improving labor market tone, a broad measure of unemployment that includes people who want to work but have given up looking for jobs and those working only part time for economic reasons dropped to a 2-1/2 year low of 15.6 percent in November from 16.2 percent in October.

Last month, the private sector added 140,000 jobs and government employment fell 20,000. Elsewhere, retail employment surged 49,800, the most in seven months.

Construction payrolls fell for second straight month, while factory jobs edged up 2,000. Temporary hiring -- seen as a harbinger for future hiring - increased 22,300.

Source: http://us.rd.yahoo.com/dailynews/rss/economy/*http%3A//news.yahoo.com/s/nm/20111202/bs_nm/us_usa_economy

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