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T e e I s e e W TS G ot e i A 3 [ building until on or about June 1, martial air. The sound trgntencd Herald Classified Headings [' 11926, more than three months after the anlmalipo thab o7 rearegrlngh f g, |the granting of the permit or any in the air. As its feet struck the Please DO Not Read road, they slipped and Sergeant Ger- Announcements |renewal thereof; because the con- | e v)».‘lnu,i 0 D e e T o This Ad |ing in did not constitute the ‘con- | ' Brde, : . - bridle, was under the animal when | 3=DEATH N struction’ of the building, not the | he fell. 4—FUNERAL DIRECTORS | ) | commencement of the same; ana be- A SO o . 4 He was taken to the Lawrence| 5—LOST AND FOUND Or We Will Lose Money on the | cause the alleged remewal of the 5 g < . 6 | Memorial hospital in New London | 5—PERSONALS 5, | Following Used Cars { ? 4144 : A where he will be a patient for sev-| 7—STORE ANNOUNCEMENTS | permit dated November 19 Automotive e o - | 2 e 3 : 3 § CHEVROLET Coupe was unlawful. The city court sus eral weeks, it is thought. An exam-| 3,470 Anb TRUCK AGENCIES CHEVROLBT Cabutalet (Continued from First Page) |tained this demurrer on the ground R s ination there showed the two frac-| s_AUTOS AND TRUCKS FOK SALB | it 5 IRESE dhe il ar Bl e he cns . 3 3 tures and several cuts and bruises|l0—AUTOMOBILES FOR EXCHANGE | CHEVROLET Coach i | vert and the filling in were only a about the head and body. U—AUTO PARTS AND AGCLSSOKIES ||(1928 CHEVROLET Coach made to stop him from continuing | a nly % 12—AUTOMOBILES WANTED ||| 1928 CHEVROLET Roadster e- 13—AUTOS—TAX1 SERVICE | CHEVROLET Coach with his plan after zoning had |preparation of the land for the 5 . 3 . 3 e 13—AuTos ence dis- | Sinning of construction within the —GARAGES TO LET | E i Kiacen; tiioplobiing ) esldonca ol | 08 Onf ‘(;Il m“h.’, “:”.,“ The su- 15— MOTORCYCLES AND BICTCLES | PIERCE-ARROW Sedan trict, he protested that he had rul-L;:*r?;\;!\(zay L ‘;”p nenge e 4 16 OTORCYCLES BiCYCLES WANTEL | FORD Coupe filled the terms of the permit and |P® cou Appeal sustalnec . g e 17—SERVICE STATIONS—REPAIRIN e should be allowed to proceed view of the city court and made the . ), Business Service | 3 TRUCK SPECIALS On an injunction application |injunction permanent the He. 3 . :, 18—BARDERS, HAIRLD'S, MASSEUSB | 26 FEDERAL KNIGHT brought by Corporation Counsel |fendant then appealed to this court g 5 | 13—BUILDING AND CONTRACT ! CHEVROLET Panel 101\::; H r\'"rkhamp the late rm{;:n‘ Injunction Blocked Construction . - R, 20—BUSINESS SERVICE RENDERED | ol E 5 ' “It is found as a fact that the con- REEMARING & MITINERY [[[1025 REO Stake Body Henry P.-Roche ruled that this was " Saindh ol ¥ = 7 . . RE M1 ) not eonstruction but that work ctruction of the gas station could SN |Lightning Sprays Bay State- :-nems.s cueaie TERMS and TRADES have been completed within one yea must have been performed on the |LAVe Deen comp 0 —LAWYERS—PATTENT ATTORNEYS |||The Bright Spot For Used Cars i A R N s : : Woman Kille At Trory st mmtes Seoners || ™ P S e, G. HEAT'G, METAL WORE | Patterson-Chevrolet struction under the law. Judge L.| Incorporated 2 junction, and this leaves a single P. Waldo Marvin in superior court | o cio" "0 jiornratation for our | 4 . | 29—PRESSING 'AND TAILORING supported the contention of Juc tion, viz: whether the Me » 5 3 . Boston, July 11 (UP)—A woman |30—PRIL 108 SIATIONDRY Roche and made the injunction |ungunt began the ‘cons ' ] - was dead and some 30 persons were | 11—PROFESSIONAL SERVICES | | permanent. Judge Hungerford then |, . ciation for which he h fecovering from temporary paralysis [ 33A—PIANO TUNING | Stanley's T filed notice of appeal to the court| it within three months today following a series of terrific |33—WANTED To RENDER sErvices |||1141 Stanley St. el. 211 of errors. R e e e A o}:r‘tnral storms that swept Massa- | — I%Lult):;gggnlcomsm [l ©Open Evenings and Sundays Judges' Opinion | ““We take judicial notice of what | i QLI SELU L0 35—DANCING TEACHERS =l Reversing this finding, the judges|a so-called ling station’ con- | ! The fury of the most severe storm N NTAL AND VOCAL [ of the supreme court say: “To have |sists. It is defined with substantial | ¢ s / was concentrated upon the tip. of [37—LOCAL & PRIVATE INSTRUCTOR# Bl IICKS given a permit simply to erect a|comprehensiveness in the complaint | i ; p ' 3 Cape Cod, where Miss Delia Mac- |33—WANTEDZINSYRUCTORS building on land in its then con-|made by the city in present action 5 : o 4 Donald, 62, of Reading, was killed)f 0 oo - ~oR8 OVENRL | dition would have been giving the and includes not only the hol o E 4 by a lightning bolt that struck the | HELP—MEN WANTE. $95 to $l ]50 efendant a right to do an impos- | building provided for the storage ; | Walter Rich house at Truro. Six|i2—HELP—WOMEN WANTED defendant a right to a » | < SPORT ROADSTER t X X X We do not think |of supplies and the use and shelter companions were seriously affected | A OR WOMEN i‘;llw_)l:r‘:l'nnwg‘y‘rrrt-lr\ \m' the o‘rrlmm‘ e |of the operatives, but also ‘tanks, | % i by the shock. N :‘V’::$£D‘a%‘:‘£“ BRI LS L intended only that part of the sta- |pumps, structures and filing sta / ; . ; At mearby Provincetown, eight | ‘® TSI TUATIOND, WARIED= i FOUR-DOOR SEDAN i h d be called a house|for business purposes and the sup-| 1 . ‘ ersons had marrow escapes wh ; ) Five Pass. Model “Dnh wl’}]rh, P:,uli]:\,hr';::hi ;‘,n“::: | plying of gas and oil for automobiles 4 lr;ph(nm;: struck nn‘r‘nh»; hrnntr, 6% :s:;a\}‘?; r:lsaxo-rl!smsl;%cfig"é%xns SPORT COUPE Gidered as referring {o the station |Of the general public’ It also in- A dozen men were stunned when EY _LOANED ; Four Pass S e ' |cludes of necessity, suitable ap Associ 3 a bolt hit the schooner Lark, Cz e ] 0U as a whole. | proaches and exits at substantially | ) i, v Associated Press Photo S senoongs Lark Gen ANTED—TO BORROW REGULAR COUPE In another portion of the decision |y "o cet of the street. It is apparent | Anxiety for the health of King George has again been aroused by the sudden change in his | St i, g;“ o“[ T R;‘-’ji":‘smcx _Four Pass. deiintenasion which the cit¥ that this was what the defendan celebrating his apparent recove Picture | Race Point. Arthur Muise of Lynn, |$1—DOGS, CATS, PETS FOUR DOOR SEDAN e raferting o as “marrow, and the | CUENt permits to construct and e | shows King George accompanied by the queen acknowledging the cheers of his subjects as he | who was walking on deck when the |$2=EGGS POULTRY SuPPLES SR b 2Pl judges write: “To fail to protect this | \PC" LHEe RFEREER K0 ed him | arrived at Buckingham palace from Windsor. storm broke, was knocked flat on |5 \WANTED—LIVE STOCK Other Makes defendant's investment of about $4,- |15 Mt L E B O Y e atso ren- | ) A ktelhat DiacnT JUnes s lntintes Merchandise 500 in reliance upon the city’s per-| « Svonrant £ ihe permits before he was revive 55—ARTICLES FOR SALE $50 t $995 | der it apparen t per ern Massachusetts also twas |55B—FOR THE VACATIONIST (o) mit would be unfair and inequit-| Co Soci0q wwith the understanding [Supreme court of errors last night, |May 1 Frank Perking and 8 v G e ere issued ¢ dersta | Pl t i G —BUILDING MATERIALS TAS! e able.” | of the authorities that the ‘construc- | in the case of M. A. Belkin vs. th ose Perkins took out probate pro- ard hit. Lighting caused fires | 97 Jreriorss & OFFICE EQUIP. NASH ROADSTER 5 2 o ha ¢ which destroyed a lumber mill at|5g_FARM AND DAIRY PRODUCTS Four Pass. Pe 3 g = o mplete | New ) New i ang ceec ZS the te cour of 2 T s - giatamtermifit; sol tlon’ could not Dbe made complete New X e Liven s s I e R !\West Hampton with loss estimated [39—FEED AND FUEL STUDEBAKER COMMANDER “The defendant on May 21st, + | unless the culvert and filling in were | fn‘r:l v‘vwv]ru‘,nlb My elkin ‘mm,_ .\'m“\M’H;\ lv:‘ the »\; :1 ‘Mnllh\’?'xl:‘l\y\‘ $25,000, and a barn in Williams. | 0—FERTILIZERS. SEEDS, PLANTS FORD COUPE owned a tract of land in New Brit- | first done. To have given a permit |suit against the railroad for recov- August, and a e town. Seven cows and a calf were | Sl—FOOTWEAR AND CLOTHING MAXWELL SEDAN ain, fronting on Stanley street, which |simply to erect a building on the |ery of damages sustained by the settle , d the ex- | xilled by et 62—GOOD THINGS TO EAT | Five| Base. ‘Madel is a main highway from New Britain |1aid in its then condition would have | leged failure of the railroad to enses of ere incurred. 1 by lightning at Easthampton. |63—HOUSEHOLD ARTICLES STUDEBAKER COUPE | | o > S Xoss. Porking — §4—MACHINERY, ELEC. & TNOLS S to Hartford upon which he desired |heen giving the defendant a right to |liver a » of grapes on time Irank Perk @ Rose Perkin N o o STORES | STUDEBAKER TOURING to erect a gas station. A ravine 12 {do an impossible thing. The intent of | defc nse contended hero theka ‘sipe ey LEUD PUHC@ FOHOW EVfll]gellSHa T“alyRUM"R ENGLAN[] IS | $3=MUSICAL INSTRUMENTS TERMS—TRADES to 15 feet lower than the surface of |the officials clearly was to permit | thr 2 s 1 warrantee deed to 67—WATCHES, DIAMONDS, JEWELRY C l B k C apitol buic 0. the street, extended through this{the defendant to place a complete [ which w S oD ATTCIES ORBLT R L R Sl et a0 (0 Eastern Gites Today T0 CUT NAVY LIST lcspaihami dr e, | visn stantey sz at this point through a culvert and [tion or plant which is prohibited by |grapes stood on Commercial str The court of common pleas re- Open Evenings emptied into this ravine. On the|[the ordinance. We do not think ei-|for on 7 e placed, |turned jud K ROOM AND OFFICES date named 'the defendant obtained | ther the permit or the ordinance in- | Jua. vard found for the rail. | Christine August. and the supreme valuable clue” has taken Detroit de- | 3 L _FOR RENT | s se e a permit form the building inspec- |tended only that part of the station | road d no i tprongas i an iopiniumivElapiactivesd 65 tlis aamiiontng o ”"‘]“SIX Submal‘mes 1() Be E]Imm. JBURBAN FOR RENT ANY ONE OF THESE ; “n by dustice William M. Malthie, for the slayer of Benny Evangelista, | : PLACES FOR RENT tor of the city of New Britain to lo- |which could he called house or | error was iy he ist | cate and build a gas station at this | building, but both must be consider- | court S ined that judgment. cult leader, and his family Y OPH ! v 2 0 S & STORAGE ED CARS location and also obtained a permit | ed as referring to station as a| 1n the cas ie Rordo : : - ] : . L ae Real Estate for Sale Will Give You Complete ric d tundbaken, of Hartford for onis Evangelista, a ative of the 1 from the state commissioner of mo- |whole. | of Hartford vs. Stanl enk of this R £’ . % | of Hartfora $ k of th Donald Gaffney f slain “prophet” in Pittsburgh yes- lox'l:l\'rr\“‘ ESTATE Satisfaction tor vehicles to sell gas at the pro Did Begin “Construction” city in utomobile guest law, tl : = omiobile g a ¢ 3ritain for the defendan wo detectives are reported ond ; —There were 3 5 ) o pose station. In making the applica- | wyepon he defendant be i T T Bt o e e i (C e LT terday, two detectives are reported | TLondon, July 11 (P—There were|g_BLDG. & BUSINESS PROPERTY | PRICED VERY LOW! tion for these permits the defendant en th fendant b 1 the | i Dispute Over Strip of Land to have left there last night for New [persistent reports today in the lob- |$1—BUILDING LOTS FOR SALE 195 7 o t o) » city and the state |2Ctual work of installing the gas|for Senk. Miss I nara. wa In the snit of Carminantonio Di- |York City. They may also go to bies of the house of commons that |$2—FAR R SALE 927 WHIPPET 6 Coach OTHoIAls At i E ol d ha ne e ¥ . A i Domizio ¢ New Britain v Utica, N. Y. |the new labor government had de- 7 FOR SALE < 4 Sedan for him to cover the brook with a |SUD the ‘construction’ of the gas|involy L i C nt Scapellati, of New DBrita is By ista, with his father- cided to elmininate from the cur- JBURBAN FOR 1111924 JORDAN Sedan station. He had it work | Need Not Pay Probate Expenses | 180 % fion e T T TG I S e R T T b Ty i RS A et et an LA A ea s Tand ] | ¥ ! di ippealed from a [in-law, Angelo Paprar led from [rent naval building program six sub ) OR EX 924 STU in order to mm,qh' a ;:,‘.f,',m" for :,‘w which all parties contemplated and In the suit of Frank Perkins ar I Judge Thomas J. Mol- | Detroit three ye: 1g0, a few da arines and their necessary parent Is7—r STATE \WANTED 1924 STUDEBAKER Tour. station and abate unsiehtly and un. |expected would he done .This Is a|Rose Perkins, both of Simsbury, vs the court of common pleas, [after Papraro had shot and killed |craft. Rooms, Board and Hotels 1926 FORD Coupe i abate uns 8 road interpretation of the excep- |Christine August of New TBritain which the court found that the | Felice Argento, reputed blackhand | The decision was to have | 38—HOTELS FOUR MORE sanitary conditiony. It would have S 4 2i e e . % 2 $9—ROOMS FOR RENT 2 been_ impracticabl® to put a buila. |on Provision of the ordinance, but |th vinti sealed from plaintiff, Carminantonio Dilomizio, |extortionist when Arge came to been taken at yeste s cabinet | DTRAONS AN RD $50 to $100 el Foe it effectuates the intent of the excep- | ment of Jud homas J. Molloy, had an absolute title in fee simple to |collect $5.000 by threat | meeting, the ministry being influ- | gs_WHERE TO DINE :,r:f fhn\:l :::::zr,'”;(,{zr aj{,‘:,:',‘,f:::z""‘,“ as we view it. The exception we | the court nmon pleas, inding |4 five foot strip of land on the west | Louis Evangelista is said to have [enced partly by the disaster to the | 31—ROOMS FOR HOUSEKEEPING TERMS and TRADES the sulvert and doing the lling re. |ChiNk fairly secks to avoid the un-|for the dr ant. in the pla s | side of Corbin avenue, between Bel- |been employed recently as a railroad | H-47 and partly by a desire to make terred to In order to bring the jang |JUst imposition of loss upon those | suit for §2 The supr ont street and Sterling street, and |gang foreman at Coraopolis, a Pitts- |a gesture of disarmament intention . A 2 Elmer to the Tevel ot the strect \an'n%|who have in good faith and in re-|sust qt \dgment of th ¢ oGUst i cthar found. that the de: |burgh suburb: |to the United States. It was MnHClty Advertlsement > e e et o [1iance upon the act of the city thus| cour fendant had no estate or interest in| Jvangelista, his wife and four |also to express a ministerial desire | Automoblle CO NS e detendantiter b this hootilinvested thelr money: and fahor in Tty ? il e children were brutally murdered in for abolitign of all submarine war- s e Iro and rdaestaod by the ot |bullding operations, To fall fo pro- PR e e T35 DIDoMIcio owhediias faet|t East Sile home here eigit |fare. | VAULT ADDITION 10 WEST PEARL ST. Hlals. nolon ‘to thels toausrcs. of tha |tect thia defendant's investment of | % S e s e WS | The government's wish to reduce | pige will he received up to moon 22 MAIN ST. {BbontES! SO0 nETelEnGE S0 nitls the west 1 »f Corbin avenue fr the naval program it inherited from | 3,155 1929, for the erection of 1. permits. mn 22 | city's permit would be unfair and in- 3 2l e e R SR e HORSE FA S ON TROOPER the Baldwin nservat govern- | <. s Prehata Conct aniles Iy with hi e corner of Corbin avenue and LL O ient i SrellTeonh, - The milnisfore | ditionito NauIElof Probate Courtlandijm=mme—————————y Began to Build in Two Days i ; ' equitable. This is an equitable action =) 5 “The defendant began to build the | - \ les all the children, exeopt Imont street. In 19 the plair | e Town Cle Office. ] Y C il 13 reks equit d ule ke, derstood, to do = ‘. culvert May 23, two days after the n:;’”i‘ &ff”] "‘:n”w:”"‘n ”'4':'”“"1‘ his danghter, 1 August Gess, of | 1ff, DiDimozio, sold 130 feet, retain- BREAKS H]s LEG AND NOSE "y\x‘fi"‘p' ]”mn” “‘;I:I\m:"’l'?}\ i ,,mf;‘ Plans and specifications may be | I Iere S our ar granting of the permits, and com- | o i heres | NEW t quit claimed their |ing five foot strip. The defendant e e braces alsq | Secured at Office of Building Inspec- | . : BleiEal {6 batysantaily 18 and) the | roineintanGite do gaulEyfinh int heir mother in the real | Salvotore Scapellati, who owned ad —_— S e i tor, City Hall, or from William G. FOR VACATION 25th, 19 It wa d e | estate oining land claimed th he occu- pe A ving Led SRR aR | Dunn, stary City Hall Commiis- | " was not designed to 1 1 Steed Rears While Being Led Along — | Every Price Marked Down sed fairly permits the interpre — — locate the gas station building di-|ji oo s PE do we| Wiliam pied the five foot strip by virtue of a (s SR sion. L L rectly over the culvert. The filling | 00, "¢ sl no o s ¢ on the property which shut the Niantic Road When Band Cleveland Clinic to Bid Bond or certified check in ||| FORDS—FORDS—FORDS . | | < a proper sidera of pub- | probate oo o had on his 5 . 4 f the ravine was begun at once after ||1n \ierorr ar onites dieiais S I e DD e ol e | Sl Be Entirely Rebuilt amount of 235 per cent of contract |[|1926 FORD Tudor (2) i v o Sty 02 e e ol o o arsimare | s e g i [ Eeneticntig o u st |G R e B2 e | ek WORD v () May 1926, mnd the wore o outwhich the city now seeks to put on | real . (Sprcial to the Merald) ful of death lingering in the walls | 1 sPaUineeEent ofican _ 1926 FORD Fordor (2) L oxsint ¥r 1 Trumbull, Niantic, July 11 fof the Cleveland Clinic building |to be furnished by successtul bidder. | || 1 g0y pART) Fordor cavating trenches for the foundation DR court of common pleas found | —David J. Geraty of Helen | where poisonous gases exploded last | Mark Bids “Vault Addition.” RS = ! 'Pmdm walls of the building was thereupon Gess. who was a miror plaintiff and the supreme [styeet, Hamden, staff sergeant of [May 15 and killed 123 persons, the | The Commission reserves the right ||| 1925 ESSEX Coach begun and the defendant would have lot th eath of h A [ L per curiam decision, s Headquarters Troop, cavalry, in|directors abandoned plans to to reject any or all Bids. completed the construction of the lower court camp in Niantic, in the service since [model the structure, and announced | CITY HALL COMMISSION ’;‘fi'l’:" h“lffll"fl September 16, 1926, was argued at the Maw (] and considered a good horse- |today they would raze it and erect By Wm. G. Dunn, tary. , had be not been prevented by an in- of the supreme court in Hart- fman, suffered a fractured leg abov |a new building in its stead. | A 7 junction issued on application of the - The plaint Ros by Donald Gaftney for the pluin. |the ankls and a broken nose this| . Chemical tests revealod that the | RN utomotive offilals of the city of New Britaln, |¥ord in other legislative enactments| The plaintifts, Ros > 1 Citsal> & Casale for the de- |morning when his horse bolted, |brown paste-like residue left by the | VICHIEDEANSD AL | S l e An];:»:‘n-mmn]l'n<|«»r Sanction of Law }'“ this “""‘m o R R gt i DES: nt NEssd or 5o iy Toa0 A6d L ob s ieniited by buroing v ew London, July 11 (P—DMiss ales & SCYVICC CO. “This application was made under | Favors Liberal Interpretation - him, e hadirenetnien i thatlt .|Jeanie Palmer of Brooklyn, vice| S the sanction o a zoning ordinance| “We are satisfied that the bene- 0T, Whiteley, who recently | He was walking along a road in !;_l‘h llnwi'((‘n‘s 1id they feared suf-|dean of Vassar college, died at the | 86 ARCH STREET adopted by the city September 16, |ficial purpose underlying both enact- Barmley, England, had | the southern part of the camp lead- | ficient heat would cause the noxious | home of her sister-in-law, Mrs. J.| 248 ELM STREET 1925, by the provisions of which the |[ments can only be fully served by |y "G 0 C " o chain of title ved §0 of his 73 vear chori- |Ing his horse when suddenly the | fumes to reappear within the build- |Culvert Palmer, at Stonington to- ||| open Evenings Phone 2700.270 premises in question were zoned in |the liberal interpretation we give |, 'L o un | ter of the parish chur vegimental band burst forth in a|ing. |aay. L e St ctil residence A district, so-called, in|them, and we accordingly hold in | | | | which gas stations were forbidden |the instant case that the defendant — - of the zoning ordinance s the fol. |gas station authorized by his rmit | 4 2 & lowing: “The provisions of this ordi- | Within the three months period pre- | nance shall not require any change |Scribed | in the plans, construction or desig-| “The plaintiff in its brief dis-| nated use of any building for which |Cusses the question whether the orig- | | | | nt for the defendant Defroit, Mich.,, July 11 (UP)—"A in this exception and the language nn 15t sold the | *“The definitive or lexicological |significance of the word ‘construc- |tion* is not conclusive of the legisla- tive intent in this provision of the ordnance. Rather do we atfach sig- | standi terest ir nificance to the use of the same|Frank Perkins and Ro claimed the only MANY MORE t the bate proceedings wer show that William Angust 1 |that his ' was probated properly settl 1 distributed a1 NEV JUST LIKE AW, GEE MOM, I DON'T K YOU LOVE AND UNDERSTAND WANT§ sav_ER e I uversTan WIMMIN: YOUR MOTHER, DON'T “Ou? NOu AGIN, CARED MARJ'RY AN'ME yus’ MASTER. MUSH i Seiee) HAD A FIGHT- T'M ance of such permit and that the e e esoat e i THROUGH WITH ALL enactment of this ordinance au “The plaintift city in its applica- |ity_as not properly | it Tox s uenon Eear T ot | “Thers 1 ehror ant ; Wim the placing of a station on premises was for by the zon- ing ordinance and unlawful and the | 4¢fendant.” defendant in answ 2 the above | Railroad oNt Responsible for Grapes quoted provision of the ordina f the railroad which the * that th a permit shall have heretofore heen |inal permit of May 21, 1925, w lawfully and finally issued; proyid- |lawf 1ed, but the defendant’s that construction shail hegin within | brief makes no mention of the ques 3 | three months from the date of issu- [tion. and it was not argued on the | POOR PA AUNT HET | : . i = : £ 1929, King Features Syndicate, Inc. Great Britain rights reserved. BY CLAUDE CALLAN BY ROBERT Qi'il.LEN 5 IM GOING . TH' HECK wWITH DOWN AN’ T A CELLAR T Fai | [THE D 15!) | INSPECT THE g IS ONLY A BelEvE | 40 o == i CELLAR, WERE REALL A ER ALL! SONNA LIVE | 2 ; ) AFTER (I ik ‘One of our married sons ; he stuck ur got his wife to join our about her mone knowed church, but the other one her folks when thev was so married into a pretty poor they couldn't afford but wealthy family, so he joined one comb for o whole theirs family.” Copyright ers Byndicate) ‘Copyright 1329, Publishers S