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Meanwhile, a number of outlaw friends of Nash had heard of his capture in Hot Springs. They learned the time of the scheduled arrival of Nash and his captors in Kansas City and made plans to free him.

The two, along with their prisoner, then drove to Deepwater, Missouri, abandoned that automobile, and commandeered another. After releasing the sheriff, they arrived in Kansas City about 10:00 p.m. on June 16. There Floyd and Richetti abandoned that automobile and stole another car to which they transferred their baggage and firearms. Finally, that same night, they met Miller and went with him to his home. There Miller told them of his plan to free Frank Nash.

Statue of Freedom does not wear or hold a knitted liberty cap, as would have been expected in nineteenth-century art. The knit cap provided to freed slaves in ancient Rome had been adopted as the symbol of liberty or freedom during the American and French Revolutions and was usually shown as red. The Statue of Freedom's crested helmet and sword, suggesting she is prepared to protect the nation, are more commonly associated with Minerva or Bellona, Roman goddesses of war. The history of the statue's design explains why she wears a helmet rather than a liberty cap. The story of her casting reveals that some of the people who worked to create Freedom were not themselves free.

A monumental statue for the top of the national Capitol was part of Architect Thomas U. Walter's original design for a new cast-iron dome, which was authorized by Congress in 1855. Walter's first drawing showed a 16-foot statue holding a liberty cap on the long rod with which a slave would be symbolically touched during a ceremony bestowing his freedom in ancient Rome.

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In connection with the guilty plea, the court was advised that on Aug. 20, 2010, Held, byforce and threat of force, willfully intimidated and interfered with two minor victims, one of whomwas an African-American male, because of his race and because he was occupying a dwelling, andone of whom was a female who was and had been lawfully allowing such African-American male,a friend, to occupy the dwelling in which she resided. During the afternoon of August 20th, Helddrove past the female victim's home in Woodland, Pa., and saw her socializing with a few friends,one of whom was African-American. Just before midnight, Held returned to the property and placeda cross in the front yard of the female victim, approximately 60 feet from the entry to her home, andset it on fire for the purpose of intimidating and interfering with her and her African-Americanfriend. Held spent a few minutes laying in the woods bordering the property watching the cross burnand waiting to see if anyone emerged from the residence.

"Every citizen has the right to be safe in their own home, free from racial intolerance andintimidation," said U.S. Attorney Hickton. "We will continue to aggressively investigate andprosecute criminals whose actions are driven by bigotry and hate."

In baseball, a player runs the 90 feet to first base after hitting a ball nine inches in circumference thrown by a pitcher standing 60 feet, 6 inches away. For women's fast-pitch softball, the distances are typically 60 feet between bases and 40 feet from the mound to the plate for a game that uses a 12-inch ball. Call me old-fashioned, but the challenge here would seem to be a function of the greater the distance and the smaller the circumference. At least Rickey Henderson and Babe Ruth always thought so.

By age 11, Clare was already running the 60 feet to first base in Pony-sanctioned Bronco baseball. And, if she wanted to pitch, she stood on a mound 48 feet from the plate. Like everyone else, she throws a league ball over the top rather than with the underhand delivery used in softball. Just how many submariners pitched in the majors last year, by the way? More than two?

2. In November of 1974, Eastern maintained a height and weight requirement for male and female attendants. The height requirement for males was from 5 feet 7 inches to 6 feet 2 inches and the height requirement for females was from 5 feet 2 inches to 5 feet 9 inches. Pursuant to that policy Eastern rejected applicants who were outside the height range for employment as flight attendants.

7. Eastern's practice of using height requirements was instituted in late 1950 or early 1960. A brochure from that period reflects that the height requirement for females was from 5 feet 2 inches to 5 feet 9 inches (Defendant's Exhibit Number 7). In mid 1973, Eastern began actively recruiting male applicants. The height requirement for the male candidates was from 5 feet 6 inches to 6 feet. In 1974, the male height requirement changed and males were required to be from 5 feet 7 inches to 6 feet 2 inches. Eastern instituted the height requirements allegedly in order to employ flight attendants of average height. Eastern derived its figures from a report of the United States Department of Health, Education and Welfare, Summary Docket Vitals and Health Statistics. That summary showed that out of all persons between the ages of 18 years and 24 years, the percentage of males between 5 feet 7 inches and 6 feet 2 inches was proportionally equal to the percentage of females between 5 feet 2 inches and 5 feet 9 inches (Defendant's Exhibit Number 11).

8. Based upon the above findings the Court finds that the Plaintiff has not sufficiently demonstrated a prima facie case that Eastern was engaged in a facially neutral practice which impacts more severely on females as opposed to males. The Court does not find a disparate impact on females as a group resulting from Eastern's height requirement policy.

9. The Court finds Plaintiff has established a prima facie case of disparity in the treatment of females as opposed to males resulting from Eastern's height requirement. Males of height 5 feet 10 inches to 6 feet 2 inches are able to make application for employment while females of the same height are not able to apply for the same employment.

3. In Title VII actions there are two theories of recovery: the Plaintiff may recover by demonstrating an adverse impact on the group of protected persons to which she is a member (females), or she may recover by showing disparate treatment between male applicants and female applicants. International Brotherhood of Teamsters v. United States, 431 U.S. 324, 335-336 n. 15, 97 S. Ct. 1843, 1854-1855 n. 15, 52 L. Ed. 2d 396 (1977). Either theory may be applicable to the same set of facts. Wheeler v. City of Columbus, Miss., 686 F.2d 1144 (5th Cir. 1982).

5. The plaintiff may use statistics to establish a prima facie case. Pouncy v. Prudential Insurance Company of America, 668 F.2d 795, 800 (5th Cir.1982). In a disparate impact case, plaintiff's statistics need only show a "marked disproportion" between the representation of females in the employer's workforce and female representation in the labor pool from which the employees are selected. Rivera v. City of Wichita Falls, 665 F.2d 531, 535 n. 5 (5th Cir.1982). In other words, statistics which demonstrate a significant disparity in an employer's workforce or labor pool raise an inference that employment decisions are tainted by intrusion of illegitimate concerns. Pouncy, 668 F.2d at 800. Where the statistical evidence is insufficient proof, the plaintiff may buttress her case by combining statistics with historical, individual, or circumstantial evidence. Payne v. Travenol Laboratories, Inc., 673 F.2d 798 (5th Cir.1982), reh'g denied, 683 F.2d 417 (5th Cir.1982), cert. denied, 459 U.S. 1038, 103 S. Ct. 451, 74 L. Ed. 2d 605 (1982).

7. Because the evidence presented by the Plaintiff did not establish that Eastern's height requirement impacts more severely on females than on males, the Court concludes that the Plaintiff failed to make her prima facie showing of discrimination under the theory of disparate impact. In Dothard v. Rawlinson, 433 U.S. 321, 97 S. Ct. 2720, 53 L. Ed. 2d 786 (1977), the plaintiff offered statistical data to show that the employer's height and weight requirements disproportionately excluded women. By contrast, in this case Plaintiff offered no statistical evidence on the impact on the challenged practice on females or males. Moreover, the only statistical evidence adduced at trial was presented by Eastern. That evidence showed that an equal percentage of men and women were eliminated from consideration for the flight attendant's position because of the height requirement policy. 041b061a72


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