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02-11-2010, 04:00 PM
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#41
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Rivet Master
2007 23' International CCD
Lapeer
, Michigan
Join Date: Oct 2003
Posts: 7,080
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Quote:
Originally Posted by Silvertwinkie
Frank is right though, why polarize the community further with it, I mean SW hasn't polarized it enough, what's one more log onto the fire....
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That is a good ambient warming fire log I might add.
Seriously though, Save Wally has been there to aid membership in retaining the name and brand identity of WBCCI when the leadership would have scuttled it in their quest for more revenue and failed at all. As pendelums go, the force is only equal to that in the opposite direction. It is acutely necessary. When no one dare say boo upon threat and veil of the code of ethics, SW was asking why not?
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02-11-2010, 04:28 PM
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#42
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Rivet Master
1977 27' Overlander
1954 25' Cruiser
1990 34.5' Airstream 345
VC Highlands
, Nevada
Join Date: Mar 2005
Posts: 2,151
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Yes - I am sure that if SaveWally had not been there, WBCCI today would have been the AOAI and there would be Fourwinds motorhomes in the club today. Like SaveWally or not - it has done more to preserve the history of WBCCI than the IBT over the last 4 years. And I am not saying that from the standpoint of being one of the founders and owners of SaveWally, but rather from the collective efforts of hundreds of people who got involved at every level.
Honestly, People can bash Save Wally if they want - I am not that sensitive - but I don't get people who will sing WBCCI's praises but just do not take that step to write that check. I have written 3 this year alone.... Not anymore.
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02-11-2010, 04:48 PM
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#43
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"Cloudsplitter"
2003 25' Classic
Houstatlantavegas
, Malebolgia
Join Date: Jun 2007
Posts: 19,977
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Quote:
Originally Posted by dwightdi
The Airstream Company did the same thing to this forum site several years ago and the owner of this site changed its name to AirForums to avoid the argument.
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Oh crap...am I going to get a letter too.
__________________
"You don't know where you've been until you leave, enjoy life" RLC
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02-11-2010, 05:51 PM
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#44
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Ready-to-Travel
2012 30' International
Walkerton
, Virginia
Join Date: Dec 2003
Posts: 3,165
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I hope Silvertwinkle appreciates the freedom of expression he enjoys here.
Pat
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02-11-2010, 06:24 PM
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#45
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Aluminut
2004 25' Safari
.
, Illinois
Join Date: Feb 2003
Posts: 10,477
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I actually agree, Save Wally started out great and it had a clear message with constructive dialog when the name change and the allowing of non-Airstreams into the club came along. That changed quickly after those events passed IMHO.
Pat, I enjoy freedom of expression both here and over there. Thing is if folks want to yank my posts here or there (and yes, I have had some pulled over there too, as I have here as well), you don't see me complaining about it in public everywhere else. I man up and move on.
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02-11-2010, 06:51 PM
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#46
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Rivet Master
1962 22' Safari
2016 30' Classic
Southeast
, Michigan
Join Date: Mar 2004
Posts: 2,986
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Quote:
Originally Posted by byamcaravanner
Joe,
Is this still America we live in?
Might some of us be allowed to start a club if we so choose? ...or does the WBCCI only have the right to a club that honors Wally and the Airstream product?
Please listen to what you are actually saying.
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Steve,
I didn't say anything about starting another Airstream club. I am not opposed to that and I don't think WBCCI would be foolish enough to try to stop it. In fact, I am almost surprised after years of talk about starting a competing club that one has not been started already.
I only stated that I believe that the rumors of a new club being started by the people putting on the WBBB may have gotten their attention. That's all. I can see WBCCI not wanting an event name closely associated with their club being tied to the beginnings of a separate club (whatever that club might be called). That's all.
After reading a few more posts, I agree that a phone call maybe should have been the first attempt, rather than a letter from the lawyer. I think you guys are reasonable and would have complied. I was just responding to someone that thought WBCCI members would be against defending the name of the club. I am not against that, although the method chosen may have not been my first choice.
As for the similar letter to SaveWally, I don't get that because it was apparently directed at the Unit Guide that is provided as a benefit to the club.
__________________
Joe
Wally Byam Caravan Club International Historian
Vintage Airstream Club Historian
WBCCI/VAC #702 & #6768
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02-11-2010, 09:45 PM
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#47
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Certifiable
.
, .
Join Date: Nov 2006
Posts: 4,467
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Quote:
Originally Posted by byamcaravanner
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Dintysmores&Shihls, LLP
Attorneys
February 12, 2010
Mr. Byamcaravanner
Re: Infringement of Wally Byam Caravan Club International, Inc. Trademarks
Our Docket WAL 0004 T3 (40837.8)
Dear Mr. Byamcaravanner:
We are writing on behalf of Wally Byam Caravan Club International, Inc., (WBCCI). It has come to WBCCI's attention that you are using an alias that is derivative of Mr. Wallace Byam and the Blue Beret, formally known as the Caravanner, by incorporating the name byamcaravanner at the Airforums.com, the SaveWally.org, and the Official WBCCI websites.
WBCCI registered the name WALLY BYAM under No. 695,445, on March 29, 1960. WBCCI also owns a federal trademark registration for the BLUE BERET, FKA the CARAVANNER, in conjunction with the WBCCI logo, under No. 1,560,836, issued October 17, 1989, in conjunction with a monthly magazine for owners of travel trailers and motor homes. WALLY BYAM and the CARAVANNER, NKA the Blue Beret, are well known to Airstream owners, and are associated with the web site owned and operated by WBCCI.
Your use of the alias byamcaravanner on the aforementioned websites almost certainly gives rise to the mistaken impression among those viewing any of your posts that you are either WALLY BYAM, or associated with the BLUE BERET, or both. Any published disclaimer that you are not WALLY BYAM or associated with the BLUE BERET is unlikely to defeat the impression created by your use of the alias byamcaravanner that you are in fact WALLY BYAM or sanctioned by the WBCCI.
WBCCI's trademarks are very valuable to WBCCI and represent decades of goodwill and service to WBCCI's membership. Notwithstanding recent efforts by club leaders to get rid of the name WALLY BYAM from the club's name, WBCCI has now decided that it should probably take seriously its duty to protect these marks from infringement and dilution, so they've hired us to take steps to curtail unauthorized use of the marks or any marks imitative of them. Accordingly, we must ask that you cease use of our name: byamcaravanner. However, we can hardly imagine WBCCI would have an objection to your use of any of the names of those on the EC7/IBT, seeing how there is absolutely no evidence that there is anything intellectual there to protect.
Of course, you are at liberty to express your views of WBCCI, to share with others your experiences with the organization, and to exchange information concerning the organization and its activities with your pet dog on any given weekend. WBCCI asks only that you refrain from impinging upon the legitimate rights of the organization by making any other unauthorized use of its intellectual property.
We look forward to receiving your or your attorney's response to the foregoing requests within ten (10) days of your receipt of this letter.
Very truly yours,
Harvey Wallbanger, Esq.
Dewey, Cheatem and Howe
__________________
"IT'S A MAGICAL WORLD, HOBBES, OL' BUDDY... LET'S GO EXPLORING!" ~ CALVIN
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02-12-2010, 12:18 AM
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#48
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3 Rivet Member
1966 22' Safari
1964 24' Tradewind
1956 18' "Footer"
Southern
, Minnesota
Join Date: Oct 2008
Posts: 127
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Minstral Blue, good stuff! Please refrain from using the term "Blue" as the color wheel lawyers are itching for a fight...
__________________
life is too short to drink cheap beer...unless that's all we've got and then pass me a cold one!
Steve "Dancin" Hansen TAC MN-31
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02-12-2010, 02:26 AM
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#49
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Silver Mist
Currently Looking...
Riverhead
, New York
Join Date: Aug 2006
Posts: 3,011
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He is wrong about this
Word Mark WALLY BYAM'S CARAVAN CLUB, INC. Goods and Services IC 200. US 200. G & S: INDICATING MEMBERSHIP IN THE ORGANIZATION. FIRST USE: 19550800. FIRST USE IN COMMERCE: 19550800 Mark Drawing Code (1) TYPED DRAWING Serial Number 72063521 Filing Date December 2, 1958 Current Filing Basis 1A Original Filing Basis 1A Registration Number 0695445
Word Mark WALLY BYAM CARAVAN CLUB INTERNATIONAL BLUE BERET Goods and Services IC 016. US 038. G & S: MONTHLY MAGAZINE FOR OWNERS OF TRAVEL TRAILERS AND MOTOR HOMES. FIRST USE: 19650000. FIRST USE IN COMMERCE: 19650000 Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Design Search Code 02.01.01 - Busts of men facing forward; Heads of men facing forward; Men - heads, portraiture, or busts facing forward; Portraiture of men facing forward
24.05.01 - Circular or elliptical seals; Seals, circular or elliptical Serial Number 73758573 Filing Date October 19, 1988 Current Filing Basis 1A Original Filing Basis 1A Published for Opposition July 25, 1989 Registration Number 1560836
To infringe you would need to use the mark the whole mark in a competing magazine or to indicate membership in a club,
read the use.
You can have Kodak gas station but not a film co.
They are different channels of trade.
Also when someone sends you a C&D letter you can bring them into Federal Court in your hometown to get a clarification,
Most C&D's are bluffs to scare people, he would need to prove confusion, and $$ loss.
I would if I were you ask him to sue you, then he could get bounced out of court for a frivolous action.
They would also need to sue you in your home state of WI.
Quote:
Originally Posted by mistral blue
Dintysmores&Shihls, LLP
Attorneys
February 12, 2010
Mr. Byamcaravanner
Re: Infringement of Wally Byam Caravan Club International, Inc. Trademarks
Our Docket WAL 0004 T3 (40837.8)
Dear Mr. Byamcaravanner:
We are writing on behalf of Wally Byam Caravan Club International, Inc., (WBCCI). It has come to WBCCI's attention that you are using an alias that is derivative of Mr. Wallace Byam and the Blue Beret, formally known as the Caravanner, by incorporating the name byamcaravanner at the Airforums.com, the SaveWally.org, and the Official WBCCI websites.
WBCCI registered the name WALLY BYAM under No. 695,445, on March 29, 1960. WBCCI also owns a federal trademark registration for the BLUE BERET, FKA the CARAVANNER, in conjunction with the WBCCI logo, under No. 1,560,836, issued October 17, 1989, in conjunction with a monthly magazine for owners of travel trailers and motor homes. WALLY BYAM and the CARAVANNER, NKA the Blue Beret, are well known to Airstream owners, and are associated with the web site owned and operated by WBCCI.
Your use of the alias byamcaravanner on the aforementioned websites almost certainly gives rise to the mistaken impression among those viewing any of your posts that you are either WALLY BYAM, or associated with the BLUE BERET, or both. Any published disclaimer that you are not WALLY BYAM or associated with the BLUE BERET is unlikely to defeat the impression created by your use of the alias byamcaravanner that you are in fact WALLY BYAM or sanctioned by the WBCCI.
WBCCI's trademarks are very valuable to WBCCI and represent decades of goodwill and service to WBCCI's membership. Notwithstanding recent efforts by club leaders to get rid of the name WALLY BYAM from the club's name, WBCCI has now decided that it should probably take seriously its duty to protect these marks from infringement and dilution, so they've hired us to take steps to curtail unauthorized use of the marks or any marks imitative of them. Accordingly, we must ask that you cease use of our name: byamcaravanner. However, we can hardly imagine WBCCI would have an objection to your use of any of the names of those on the EC7/IBT, seeing how there is absolutely no evidence that there is anything intellectual there to protect.
Of course, you are at liberty to express your views of WBCCI, to share with others your experiences with the organization, and to exchange information concerning the organization and its activities with your pet dog on any given weekend. WBCCI asks only that you refrain from impinging upon the legitimate rights of the organization by making any other unauthorized use of its intellectual property.
We look forward to receiving your or your attorney's response to the foregoing requests within ten (10) days of your receipt of this letter.
Very truly yours,
Harvey Wallbanger, Esq.
Dewey, Cheatem and Howe
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__________________
Bob
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02-12-2010, 02:58 AM
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#50
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Restorations done right
Commercial Member
1962 26' Overlander
1961 26' Overlander
Vintage Kin Owner
Currently Looking...
Baltimore
, Maryland
Join Date: Aug 2007
Posts: 5,545
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I say this thread should be renamed to Bravo Ed you poked yourself in the eye again.
I seriously doubt he thought this is how it would proceed.
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02-12-2010, 04:06 AM
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#51
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Rivet Master
1967 28' Ambassador
1963 19' Globetrotter
1970 29' Ambassador
Waukesha
, Wisconsin
Join Date: May 2007
Posts: 1,180
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Quote:
Originally Posted by mistral blue
the...impression...that you are...WALLY BYAM,
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Darn... my secret is out. I am Wally Byam, no I did not die in 1962. I have been living in an undisclosed location in a specially fitted Gold trailer....and the best part is that Elvis joins me for Happy Hour every afternoon.
Oh, I was so looking forward to celebrating my 114th birthday with the Bakers and their friends... because they know what is true Airstream Spirit. Thing is, I got one of those damn C&D letters too. I should have never let those Caravan folks trademark my name.
Well, you'all still have a good time anyway!
And for you WBCCI folks that think you have the only game in town... please read paragraph five of Wally Byams Creed...
"To encourage clubs and rallies that provide an endless source of friendships, travel fun and personal expressions."
Notice how I wrote "CLUB(S)? meaning more than one? So get off your high horse and focus on the fun!
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02-12-2010, 06:33 AM
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#52
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Rivet Master
1981 27' Excella II
mays landing
, South Jersey
Join Date: Nov 2009
Posts: 1,179
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cheap beer?
Quote:
Originally Posted by GR8DANE
Minstral Blue, good stuff! Please refrain from using the term "Blue" as the color wheel lawyers are itching for a fight...
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how about cheap bourbon?
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02-12-2010, 09:59 AM
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#53
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Rivet Master
1977 27' Overlander
Trotwood
, Ohio
Join Date: Jul 2007
Posts: 2,153
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SO what's your new Screen name gonna be Steve?? I never got the impression you were Wally, I wonder How they came up wiff that????
__________________
Roger & MaryLou
___________________
F350 CREWCAB SW LONG BED
7.3 liter Power Stroke Diesel
1977 27ft OVERLANDER
KA8LMQ
AIR # 22336 TAC- OH-7
May your roads be straight and smooth and may you always have a tailwind!
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02-13-2010, 06:27 AM
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#54
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Rivet Master
1968 30' Sovereign
1959 18' "Footer"
1954 22' Flying Cloud
Brussels
, Wisconsin
Join Date: Jul 2006
Posts: 615
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Wrong Again
Quote:
Originally Posted by 62overlander
I say this thread should be renamed to Bravo Ed you poked yourself in the eye again.
I seriously doubt he thought this is how it would proceed.
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OK now I will fuel your fire again...........
I knew exactly how this this thread would run, I like you, are way too predicable.
__________________
I'm NOT an old man.............
Ed
54 Flying Cloud
59 Traveler
68 Sovereign
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02-13-2010, 06:30 AM
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#55
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Rivet Master
1958 30' Sovereign of the Road
Plymouth
, New York
Join Date: Apr 2004
Posts: 1,776
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I'm sure
Quote:
Originally Posted by Ed Emerick
OK now I will fuel your fire again...........
I knew exactly how this this thread would run, I like you, are way too predicable.
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Suuurrrrrreeee you did.
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02-13-2010, 07:46 AM
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#56
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Rivet Master
2007 23' International CCD
Lapeer
, Michigan
Join Date: Oct 2003
Posts: 7,080
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Quote:
Originally Posted by Ed Emerick
OK now I will fuel your fire again...........
I knew exactly how this this thread would run, I like you, are way too predicable.
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I got you on the first take. That was far too concise not to have been tongue in cheek. You didn't add your usual flair to extrapulate. The irony was not wasted but rich. Besides which I have been following your posts and open letter that you posted on WBCCI forum and that was excellent, btw.
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02-14-2010, 10:22 AM
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#57
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Rivet Master
2007 23' International CCD
Lapeer
, Michigan
Join Date: Oct 2003
Posts: 7,080
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OMG!! It's flash mobs in the WBCCI!!!!!!
And MORE!! WBCCI units are beginning to emerge and support Leo's candidacy. Pictured here the good people of the Big Bend Florida unit heading for the Florida State Rally and hosting a number of cook outs and putting up signs to VOTE FOR LEO!
How cool is that?! Kudoos to Big Bend and let's all join them.
Let's Do It!!!
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02-14-2010, 11:12 AM
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#58
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4 Rivet Member
Central Florida
, Florida
Join Date: Feb 2005
Posts: 455
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Quote:
Originally Posted by Ed Emerick
Thanks for protecting our club's heritage!
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Ed, you are right. Thanks WBCCI for protecting the heritage of our club. It's about time that you take action. What's wrong with ethnic cleansing? It will keep our club pure. One trouble maker is gone; time to get rid of the rest. If Gorby had followed your actions the Soviet Union would still exist today. There will be an uproar for about six weeks but then it will go away and the club can go into the future without any waves. I commend your strong leadership.
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02-14-2010, 04:18 PM
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#59
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Rivet Master
1968 30' Sovereign
1959 18' "Footer"
1954 22' Flying Cloud
Brussels
, Wisconsin
Join Date: Jul 2006
Posts: 615
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Wow!
Quote:
Originally Posted by Air Apparent
What's wrong with ethnic cleansing?
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Just just don't know how to respond, you want to add Hitler to that rant?
The Cold War is still going on? I have to get under my desk.
__________________
I'm NOT an old man.............
Ed
54 Flying Cloud
59 Traveler
68 Sovereign
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02-14-2010, 05:34 PM
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#60
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Mouse Nest Hunter
1961 28' Ambassador
Sherburne
, New York
Join Date: Apr 2004
Posts: 160
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Quote:
Originally Posted by Ed Emerick
Just just don't know how to respond, you want to add Hitler to that rant?
The Cold War is still going on? I have to get under my desk.
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No cold war, at least not with the Soviets. Post number one in this thread was a nice attempt at revisionist history, though.
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