2 hurt in melee near Ford City Mall

Two people suffered minor injuries in a disturbance involving large crowds of "kids" tonight at Ford City Mall on the Southwest Side.
 
A Chicago Lawn District police sergeant confirmed officers were called to the mall, 7601 S. Cicero Ave., where a “bunch of kids are running around.’’

Police News Affairs Officer Veejay Zala said, “A large group of teens got out of hand,’’ a little while after an autograph-signing appearance by a teen band.

Zala said officers did their best to control the disturbance, "trying to get everyone out of there safely.’’

By 6:25 p.m. two people had been taken to hospitals from the "fluid"  situation, according to Chicago Fire Department Chief Joe Roccasalva, a department spokesman.
 
A CTA bus driver suffered minor injuries and was taken to Holy Cross Hospital, said Roccasalva, who added he did not know what happened to him.
 
A “kid’’ was also hurt, and that person was taken to Advocate Christ Medical Center in Oak Lawn, also in good condition, said Roccasalva.

By 7 p.m. the Fire Department confirmed the one adult and one pediatric patient with minor injuries were the final tally.
 
At 4:45 p.m. police responded to a battery in progress report at the Cicero Avenue address, police said.

About 50 police squad cars assigned to multiple South Side districts, including Chicago Lawn, Englewood and Deering, and a helicopter responded to the scene, police said.

During the disturbance the CTA had to reroute the No. 79 buses, which travel on 79th Street, as well as other buses in the immediate area.

Earlier in the afternoon, members of the teen band Mindless Behavior had appeared at the mall food court from 2 p.m. to 4 p.m. to promote their new release, "All Around the World," said John Sarama, the mall's senior general manager.

The band's autograph signing drew approximately 1,000 parents and children, primarily mothers and girls between the ages of 6 and 13, Sarama said.

About 45 minutes after the band left, the chaos began, Sarama said.

"A group of older youths came into the mall with the intent of causing havoc and chaos and were running through the mall, screaming, yelling and so forth," he said.

Security staff contacted the police department, and mall officials closed the mall about 5 p.m., Sarama said.

The mall did not sustain any property damage apart from a single broken planter, and it will reopen Sunday at 11 a.m. as usual, Sarama said.

In the meantime, mall officials are at a loss as they try to understand what happened.

"Ford City is a family-oriented mall," he said. "We have not had an incident like this [in the past], and I’m still in a little bit of a state of shock actually.

"What would make these youths comes here to try and cause this kind of commotion and trouble?" he continued. "I don’t know. But they did have a plan in mind."

Tribune reporter Adam Sege contributed.

rsobol@tribune.com

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Einhorn scores legal victory versus Apple in cash scuffle

NEW YORK (Reuters) - A U.S. judge handed outspoken hedge fund manager David Einhorn a victory in his battle with Apple Inc on Friday, blocking the iPhone maker from moving forward with a shareholder vote on a controversial proposal to limit the company's ability to issue preferred stock.

U.S. District Judge Richard Sullivan in Manhattan granted a motion by Einhorn's Greenlight Capital for a preliminary injunction stopping a vote on that proposal, scheduled for the company's February 27 stockholders' meeting.

The decision could hand Einhorn more leverage as he pursues his pitch for Apple to issue what he has called the "iPref": preferred stock with a perpetual dividend that he contends would reward investors and help boost the company's share price.

Greenlight sued Apple on February 7 as part of a broader pitch to unlock more of its $137 billion in cash. The hedge fund manager has lobbied Apple to issue preferred stock with a perpetual 4 percent dividend, and on Thursday made a direct appeal to shareholders on a teleconference.

Apple Chief Executive Tim Cook last week dismissed the lawsuit as a "silly sideshow."

The lawsuit itself challenged a measure called Proposal No. 2 that Apple put forward, which would eliminate its power to issue preferred shares without a shareholder vote.

At issue is Apple's "bundling" of that measure with two other unrelated matters into a single proxy proposal.

Greenlight said it supported two of the proposed amendments, but not the one on preferred shares.

In his ruling, Sullivan said Greenlight and another investor who also sued Apple "are likely to succeed on the merits and face irreparable harm if the vote on Proposal No. 2 is permitted to proceed."

"We are disappointed with the court's ruling. Proposal No. 2 is part of our efforts to further enhance corporate governance and serve our shareholders' best interests," Apple spokesman Steve Dowling said. "Unfortunately, due to today's decision, shareholders will not be able to vote on Proposal No. 2 at our annual meeting next week."

A spokesman for Greenlight called the ruling a "significant win for all Apple shareholders and for good corporate governance."

But not all shareholders were happy. California pension fund Calpers, a major Apple investor and public supporter of Apple's proposal, said implementation of "majority voting and shareholder approval for the issuance of new stock - preferred or otherwise - is worth waiting for."

"We encourage Apple to reintroduce these measures as soon as is practical so that all investors can be heard," Anne Simpson, Calpers' director of global governance, said in a statement.

BUNDLES

The ruling could be a warning for other companies when issuing proxy proposals, said James Cox, a professor at Duke University School of Law.

"It's going to make managers reluctant to bundle things together, because you're never going to know when you send them out if there's an Einhorn out there," he said.

The lawsuit was centered on a narrow issue of whether Apple violated U.S. Securities and Exchange Commission rules by "bundling" the preferred shares item with two other unrelated matters into one proxy proposal.

Greenlight's lawyers contended the SEC rules were intended to protect shareholders from being forced to vote for a proxy proposal involving materially different issues that the investors might not entirely support.

Apple had argued Proposal No. 2, which only dealt with amendments to its charter, constitute a single matter and wasn't bundled. Sullivan called the company's arguments "unavailing."

"Given the language and purpose of the rules, it is plain to the Court that Proposal No. 2 impermissibly bundles 'separate matters' for shareholder consideration," Sullivan wrote.

Judge Sullivan also found that Greenlight would be irreparably harmed without the injunction, since it would be forced to vote against its own interests. Denying Greenlight's motion would prevent it and other investors from exercising their rights to a fair vote, Sullivan said.

Sullivan separately declined to block a vote from going forward on a separate proxy proposal, Proposal No. 4, which sought an advisory "say on pay" vote on Apple executives' compensation.

The proposal had been challenged by investor Brian Gralnick of Pennsylvania, who contends Apple did not disclose enough details about how it made its compensation decisions.

Sullivan rejected that argument, saying Apple's disclosures were "plainly sufficient under SEC rules."

Arnold Gershon, a lawyer for Gralnick at Barrack, Rodos & Bacine, said he was "very pleased" with Sullivan's decision to the extent it enjoined the Proposal No. 2 vote, though said he would have to decide what to do next with regard to the say-on-pay proposal.

Sullivan directed the parties to submit a joint letter by March 1 outlining the next contemplated steps in this case.

Apple shares closed up 1.1 percent at $450.81 on Friday.

The case is Greenlight Capital LP, et al., v. Apple Inc., U.S. District Court, Southern District of New York, 13-900.

(Reporting by Nate Raymond in New York; Additional reporting by Poornima Gupta in San Francisco; Editing by Martha Graybow, Gary Hill, Leslie Adler, Carol Bishopric and Lisa Shumaker)

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Fans injured when car sails into fence at Daytona

DAYTONA BEACH, Fla. (AP) — At least 33 fans were injured Saturday during a NASCAR race when a car flew into the fence at Daytona International Speedway, hurling a tire and large pieces of debris into the stands.

The accident happened on the last lap of the second-tier Nationwide Series race on the eve of Sunday's Daytona 500, which officials said would go on as scheduled.

The crash began as the field approached the checkered flag and leader Regan Smith attempted to block Brad Keselowski to preserve the win. That triggered a chain reaction, and rookie Kyle Larson hit the cars in front of him and went airborne into the fence.

The entire front end was sheared off Larson's car, and his burning engine wedged through a gaping hole in the fence. Chunks of debris from the car were thrown into the stands, including a tire that cleared the top of the fence and landed midway up the spectator section closest to the track.

The 20-year-old Larson stood in shock several yards away from his car as fans in the stands waived frantically for help. Smoke from the burning engine briefly clouded the area, and emergency vehicles descended on the scene.

Ambulance sirens could be heard wailing behind the grandstands at a time the race winner would typically be doing celebratory burnouts.

"It was freaky. When I looked to my right, the accident happened," said Rick Harpster of Orange Park, Fla., who had a bird's-eye view of the wreck. "I looked over and I saw a tire fly straight over the fence into the stands, but after that I didn't see anything else That was the worst thing I have seen, seeing that tire fly into the stands. I knew it was going to be severe."

Shannan Devine, of Egg Harbor Township, N.J., was sitting about 250 feet away from where the car smashed into the fence and could see plumes of smoke directly in front of her.

"I didn't know if there was a car on top of people. I didn't know what to think. I'm an emotional person and I immediately started to cry. It was very scary. Absolutely scary. I love the speed of the sport. But it's so dangerous," said Devine who was planning to attend her second Daytona 500.

She said many fans got in the way of rescue efforts by trying to take pictures and videos, even jumping over fencing in hopes of getting closer to the scene.

Shannon Speedway President Joie Chitwood said 14 fans were treated on site, and 14 others were taken to hospitals. Chitwood didn't give any updates on their conditions. Local officials said 19 fans were taken to neighboring hospitals, including two who were in critical condition but were later upgraded to stable.

The accident happened the day before the Sprint Cup Series season-opening Daytona 500 — NASCAR's version of the Super Bowl. Daytona workers could be seen repairing the large section of fence where Larson hit, as well as the wall that was damaged in the accident.

"First and foremost our thoughts and prayers are with our race fans," Chitwood said. "Following the incident we responded appropriately according to our safety protocols, and had emergency medical personnel at the incident immediately.

"We're in the process of repairing the facility and will be ready to go racing tomorrow."

As emergency workers tended to injured fans and ambulance sirens wailed in the background, a somber Tony Stewart skipped the traditional post-race victory celebration.

Stewart, who won for the 19th time at Daytona and seventh time in the last nine season-opening Nationwide races, was in no mood to celebrate.

"The important thing is what is going on on the frontstretch right now," said Stewart, the three-time NASCAR champion. "We've always known, and since racing started, this is a dangerous sport. But it's hard. We assume that risk, but it's hard when the fans get caught up in it.

"So as much as we want to celebrate right now and as much as this is a big deal to us, I'm more worried about the drivers and the fans that are in the stands right now because that was ... I could see it all in my mirror, and it didn't look good from where I was at."

The accident spread into the upper deck and emergency crews treated fans on both levels. There were five stretchers that appeared to be carrying fans out, and a helicopter flew overhead. A forklift was used to pluck Larson's engine out of the fence.

"It's a violent wreck. Just seeing the carnage on the racetrack, it's truly unbelievable," driver Justin Allgaier said.

It was a chaotic finish to a race that was stopped for nearly 20 minutes five laps from the finish by a 13-car accident that sent driver Michael Annett to a hospital, where his Richard Petty Motorsports team said he would be held overnight with bruising to his chest.

The race resumed with three laps to go, and the final accident occurred with Smith trying to hold off Keselowski through the final turn.

"I tried to throw a block. It's Daytona, you want to go for the win here," Smith said. "I don't know how you can play it any different other than concede second place, and I wasn't willing to do that today. Our job is to put them in position to win, and it was, and it didn't work out."

As the cars began wrecking all around Smith and Keselowski, Stewart slid through for the win, but Larson plowed into Keselowski and his car was sent airborne into the fence. When Larson's car came to a stop, it was missing its entire front end. The 20-year-old, who made his Daytona debut this week, stood apparently stunned, hands on his hips, several feet away from his car, before finally making the mandatory trip to the care center.

He said his first thought was with the fans.

"I hope all the fans are OK and all the drivers are all right," Larson said. "I took a couple big hits there and saw my engine was gone. Just hope everybody's all right."

He said he was along for the ride in the last-lap accident.

"I was getting pushed from behind, I felt like, and by the time my spotter said lift or go low, it was too late," Larson said. "I was in the wreck and then felt like it was slowing down and I looked like I could see the ground. Had some flames come in the cockpit, but luckily I was all right and could get out of the car quick."

It appeared fans were lined right along the fence when Larson's car sailed up and into it, but Chitwood indicated there was a buffer. He said there would be no changes to the seating before the Daytona 500.

"We don't anticipate moving any of our fans," Chitwood said. "We had our safety protocols in place. Our security maintained a buffer that separates the fans from the fencing area. With the fencing being prepared tonight to our safety protocols, we expect to go racing tomorrow with no changes."

Larson's car appeared to hit where the cross-over gate — a section that can be opened for people to travel back and forth from the infield to the grandstands — is located in the fence. Previous accidents in which drivers hit crossover gates were severe, but the gates were in the wall and not the fence for Mike Harmon's accident at Bristol in 2002 and Michael Waltrip's at the same track in 1990.

Still, NASCAR senior vice president Steve O'Donnell said it would be studied.

"I think we look at this after every incident," O'Donnell said. "We've learned in the past certain protocols put in place today are a result of prior incidents. Again, our initial evaluation is still ongoing. But it's certainly something we'll look at. If we can improve upon it, we'll certainly put that in play as soon as we can."

Larson had been scheduled to race his sprint car later Saturday night in Ocala, Fla., and even seemed restless to get there during the late stages of the Nationwide race. He pulled out of the event following the accident.

"Honestly, the race itself pales in comparison to the injuries sustained by the fans," said Chip Ganassi, the team owner who has Larson in his driver development program. "Our thoughts and prayers go out to all the fans that were injured as a result of the crash. As for Kyle, I am very happy that he is OK."

Keselowski watched a replay of the final accident, and said his first thoughts were with the fans. As for the accident, he agreed he tried to make a winning move and Smith tried to block.

"He felt like that's what he had to do, and that's his right. The chaos comes with it," Keselowski said. "I made the move and he blocked it, and the two of us got together and started the chain events that caused that wreck. First and foremost, just want to make sure everyone in the stands is OK and we're thinking about them."

Keselowski said the incident could cast a pall on the Daytona 500.

"I think until we know exactly the statuses of everyone involved, it's hard to lock yourself into the 500," Keselowski said. "Hopefully, we'll know soon and hopefully everyone's OK. And if that's the case, we'll staring focusing on Sunday."

___

AP Sports Writers Dan Gelston and Jerome Minerva in Daytona Beach and Associated Press writer Jennifer Kay in Miami contributed to this report.

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White House directs open access for government research

WASHINGTON (Reuters) - The White House has moved to make the results of federally funded research available to the public for free within a year, bowing to public pressure for unfettered access to scholarly articles and other materials produced at taxpayers' expense.

"Americans should have easy access to the results of research they help support," John Holdren, the director of the White House Office of Science and Technology Policy, wrote on the White House website.

An online petition on the White House website demanding free access over the Internet to scientific journal articles arising from taxpayer-funded research drew 65,704 signatures.

The directive comes amid a changing landscape for publishing and the availability of information due to the Internet.

Scientists have long published the results of their work in scholarly journals, and many such publications have warned that open access would destroy them and the function they provide the scientific community.

The White House move also came some six weeks after the suicide of Internet openness activist Aaron Swartz, who was renowned for making a trove of information freely available to the public.

Swartz ran into trouble in 2011 when he was indicted by a federal grand jury on charges related to allegedly stealing millions of academic articles and journals from a digital archive at the Massachusetts Institute of Technology.

The activist, who pleaded not guilty to all counts, faced a lengthy prison sentence and a hefty fine if convicted in a trial that was set for later this year.

Swartz's family and supporters blamed prosecutors for overreaching in his case, and his suicide drew attention to questions about the 1984 U.S. computer fraud law, much of which was written before the Internet.

Holdren said the decision to provide greater access took the concerns of scientific journals into account.

"We wanted to strike the balance between the extraordinary public benefit of increasing public access to the results of federally-funded scientific research and the need to ensure that the valuable contributions that the scientific publishing industry provides are not lost," he said.

Federal agencies are permitted a 12-month embargo time before offering access and can petition for a longer lag.

The openness directive applies to those agencies with more than $100 million in research and development expenditures. Agencies must develop plans to open data to the public within six months, and those plans will be vetted by the White House.

An industry group said the White House approach is a "reasonable, balanced" solution because it recognizes the value of publishers.

"The OSTP takes a fair path that would enhance access for the public, acknowledge differences among agencies and scientific disciplines and recognize the critical role publishers play in vetting, producing, establishing and preserving the integrity of scientific works," Tom Allen, chief executive of the Association of American Publishers, said in a statement.

But critics of the new policy said its value to the public and to scientists is undercut by the 12-month embargo.

"We are working on the cutting edge of the science. I want to read a new paper NOW, not in 1 year," Vittorio Saggiomo, a chemist at the University of Groningen in the Netherlands, wrote in an online chat about the announcement.

(Reporting By Mark Felsenthal; Editing by Paul Simao)

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Promise, peril seen for crowd-funding investors

Crowd funding is widely seen as a revolutionary idea.

A 2012 federal law known as the JOBS Act opens the door to allowing small, privately owned businesses to market ownership stakes in their ventures to people over the Internet.

Companies will be able to sell up to $1 million in equity a year to ordinary investors without having to register the offering with the Securities and Exchange Commission or state regulators.

Before the average person can use crowd funding to stake a claim in a startup, the SEC still must draft rules that the Obama administration hopes will result in U.S. businesses growing and adding jobs. At the same time, the securities cop needs to include safeguards that protect less sophisticated individual investors drawn to inherently risky startups.

That's why equity crowd funding under JOBS, or Jumpstart our Business Startups, has some longtime regulators and securities lawyers squirming.

"It can be an invitation for fraudsters to steal money," Matthew Brown, a Katten Muchin Rosenman lawyer, said last month at a CFA Society of Chicago event at 1871, a center for digital startups in Chicago.

But Brown also noted that equity crowd funding also democratizes small-business financing, a process that historically has given access mostly to wealthier — or, as they're known in high-finance circles, "accredited" — investors.

"The world has changed dramatically, and who's to say who is smarter than anyone else?" Brown added.

Many existing crowd-funding platforms such as Kickstarter don't sell equity stakes in businesses to average investors. Rather, they give consumers the chance to donate money to an enterprise or to get an early or discounted crack at a new product. Since Kickstarter's launch in April 2009, more than $450 million has been pledged by more than 3 million people funding more than 35,000 projects, the New York-based company's website says.

Their acceptance suggests that consumers are willing to engage with companies on a deeper level. As such, enabling unaccredited consumers to invest in companies in small increments online has promise and could become part of the fundraising "ecosystem," says one Chicago entrepreneur.

Abe's Market, a Chicago-based e-commerce site selling natural and organic products from more than 1,000 suppliers, said it would consider crowd funding under the JOBS Act, saying it and its vendors have "die-hard fans" and "a core group of customers" who might like to invest in their vision.

Last month, Abe's raised $5 million from Carmel Ventures, Index Ventures, Beringea and Accel Partners, a Groupon backer. New backers include OurCrowd, a crowd-funding site for accredited investors.

"If you can get passionate people to invest in your business, you're not just gaining investors, you're gaining evangelists," Abe's Chief Executive Richard Demb said. "The challenge for any consumer brand is: How do you find not just customers, but the right customers who are going to tell their friends?"

But there would also be potential headaches for companies raising equity financing through crowd funding, he said.

"You have to make sure that expectations would be set fairly, that no one is putting their life savings into the investment, and that they don't also come back and become a challenge to manage as the business grows," Demb said. "You don't want someone who invested $250 to come back and say, 'I don't think we should expand to the West Coast.'"

Safeguards for average investors exist in the JOBS Act. They include capping nonaccredited individuals' crowd-funding investments at $2,000, or 5 percent of annual income or net worth of less than $100,000, whichever is greater.

Snapclass, launched a few weeks ago at 1871, provides software enabling businesses to provide training online. Co-founder Scott Mandel, who has financed the company himself, doesn't expect to take advantage of equity crowd funding in the future and instead would seek, say, venture capital funding.

"Not all checks are the same," said Mandel, previously a trader and professional poker player. "I'd want someone who could add more than just the cash, such as connections and experience and help with things that I'm not an expert in."

One of 1871's fastest-growing startups is MarkITx. It recently raised $1.2 million from wealthy individuals in its first fundraising round, has seven employees and is looking to add sales jobs. It's an online exchange for businesses wanting to buy and sell used information technology equipment, from iPads to Oracle servers.

"For us, it wouldn't be the sole way to raise money, but it definitely is a viable vehicle to look at raising money," MarkITx partner Marc Brooks said of equity crowd funding under the JOBS Act.

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Drew Peterson transferred to Pontiac prison

Drew Peterson’s new life as an Illinois Department of Corrections inmate has begun.

Peterson was transferred this morning to the Stateville Correctional Center near Crest Hill, where he was evaluated for placement based upon factors such as his conviction, length of sentence, program needs and medical and mental health requirements.

Peterson stayed at Stateville only a few hours before being sent to his new home at Pontiac prison northeast of Bloomington, a maximum security facility that has a protective custody unit.  The assignment was based upon factors such as his conviction, length of sentence, program needs and medical and mental health requirements, per Illinois Department of Correction protocol.

Officials have not said whether he has a cellmate or if he will be in solitary confinement like he had been during his jail stay.

As part of his daily routine there, he will remain in his cell for most of the day, though he will be allowed out for meals and showers. Most inmates also get about five hours of recreation time outside per week, Illinois Department of Corrections spokesman Stacey Solano said.

The Will County jail – which had held Peterson in solitary confinement since his May 2009 arrest for his own safety – had the paperwork prepared for his transfer by the time he returned from his sentencing hearing Thursday, officials said.

The sheriff’s department, which oversees the jail, kept the former Bolingbrook police sergeant segregated from the general population there amid concerns that his high-profile case and law-enforcement background would make him a target of inmates looking to build tough-guy reputations.

Jail supervisors began preparing Peterson at 8:30 a.m. and he left without incident by 9:22 a.m., officials said.

Drew Peterson wanted to make sure he was heard when he was given one last chance to speak Thursday, shortly before being sentenced to 38 years in prison for the murder of his third wife, Kathleen Savio.

Declining to speak from the defense table, where there was no microphone, the former Bolingbrook police sergeant shuffled to the witness stand in his jail-issued blue scrubs and orange shoes and began quietly.

"I hope I don't aggravate the situation," he turned and told the judge. Then Peterson screamed into the microphone, "I did not kill Kathleen!" startling almost everyone in the courtroom.

"Yes, you did!" Savio's sister Sue Doman yelled back from the gallery, prompting Will County Circuit Judge Edward Burmila to order her out of the courtroom.

It was an odd end to a case replete with oddities and circuslike sideshows. For the next 40 minutes, Peterson cried, raged and whispered, challenged the state's attorney to look him in the eye and indulged in self-pity as he unleashed his multitudinous thoughts like a character in a Dostoevsky novel.

The 59-year-old said he expects to die in prison. Barring any successful appeal, he won't be eligible for release until he's 93.

Peterson claimed that lies and mistakes by witnesses, prosecutors and police led to his conviction, and made disparaging remarks about Savio's family, attorneys and others involved in the case. His defense attorneys called the monologue an impassioned plea for leniency, but prosecutors said it was proof that Peterson is a psychopath.

"When he got up on the stand and (in) that shrill, kinda-feminine screech that he didn't kill Kathy — that's the guy that killed Kathy," Will County State's Attorney James Glasgow said. "You got a glimpse into his soul."

But in describing himself on the stand Thursday, Peterson said he was maligned and misunderstood.

"Until this happened, I thought I was viewed as a great guy," Peterson said, giving a litany of public and private good deeds before announcing he planned to tattoo the phrase "No good deed goes unpunished" across his shoulders.

"The state took an accident and staged a homicide," Peterson said, before turning to the judge. "Can I get some water?"

Once refreshed, Peterson said he had upheld the oath he swore when he became a police officer.

"I always took my job seriously, I never violated the public trust," he said, his voice husky with emotion before quoting one of the Ten Commandments. "And I never beared false witness against anyone."

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Einhorn scores legal victory versus Apple in cash scuffle

NEW YORK (Reuters) - A U.S. judge handed outspoken hedge fund manager David Einhorn a victory in his battle with Apple Inc on Friday, blocking the iPhone maker from moving forward with a shareholder vote on a controversial proposal to limit the company's ability to issue preferred stock.

U.S. District Judge Richard Sullivan in Manhattan granted a motion by Einhorn's Greenlight Capital for a preliminary injunction stopping a vote on that proposal, scheduled for the company's February 27 stockholders' meeting.

The decision could hand Einhorn more leverage as he pursues his pitch for Apple to issue what he has called the "iPref": preferred stock with a perpetual dividend that he contends would reward investors and help boost the company's share price.

Greenlight sued Apple on February 7 as part of a broader pitch to unlock more of its $137 billion in cash. The hedge fund manager has lobbied Apple to issue preferred stock with a perpetual 4 percent dividend, and on Thursday made a direct appeal to shareholders on a teleconference.

Apple Chief Executive Tim Cook last week dismissed the lawsuit as a "silly sideshow."

The lawsuit itself challenged a measure called Proposal No. 2 that Apple put forward, which would eliminate its power to issue preferred shares without a shareholder vote.

At issue is Apple's "bundling" of that measure with two other unrelated matters into a single proxy proposal.

Greenlight said it supported two of the proposed amendments, but not the one on preferred shares.

In his ruling, Sullivan said Greenlight and another investor who also sued Apple "are likely to succeed on the merits and face irreparable harm if the vote on Proposal No. 2 is permitted to proceed."

"We are disappointed with the court's ruling. Proposal No. 2 is part of our efforts to further enhance corporate governance and serve our shareholders' best interests," Apple spokesman Steve Dowling said. "Unfortunately, due to today's decision, shareholders will not be able to vote on Proposal No. 2 at our annual meeting next week."

A spokesman for Greenlight called the ruling a "significant win for all Apple shareholders and for good corporate governance."

But not all shareholders were happy. California pension fund Calpers, a major Apple investor and public supporter of Apple's proposal, said implementation of "majority voting and shareholder approval for the issuance of new stock - preferred or otherwise - is worth waiting for."

"We encourage Apple to reintroduce these measures as soon as is practical so that all investors can be heard," Anne Simpson, Calpers' director of global governance, said in a statement.

BUNDLES

The ruling could be a warning for other companies when issuing proxy proposals, said James Cox, a professor at Duke University School of Law.

"It's going to make managers reluctant to bundle things together, because you're never going to know when you send them out if there's an Einhorn out there," he said.

The lawsuit was centered on a narrow issue of whether Apple violated U.S. Securities and Exchange Commission rules by "bundling" the preferred shares item with two other unrelated matters into one proxy proposal.

Greenlight's lawyers contended the SEC rules were intended to protect shareholders from being forced to vote for a proxy proposal involving materially different issues that the investors might not entirely support.

Apple had argued Proposal No. 2, which only dealt with amendments to its charter, constitute a single matter and wasn't bundled. Sullivan called the company's arguments "unavailing."

"Given the language and purpose of the rules, it is plain to the Court that Proposal No. 2 impermissibly bundles 'separate matters' for shareholder consideration," Sullivan wrote.

Judge Sullivan also found that Greenlight would be irreparably harmed without the injunction, since it would be forced to vote against its own interests. Denying Greenlight's motion would prevent it and other investors from exercising their rights to a fair vote, Sullivan said.

Sullivan separately declined to block a vote from going forward on a separate proxy proposal, Proposal No. 4, which sought an advisory "say on pay" vote on Apple executives' compensation.

The proposal had been challenged by investor Brian Gralnick of Pennsylvania, who contends Apple did not disclose enough details about how it made its compensation decisions.

Sullivan rejected that argument, saying Apple's disclosures were "plainly sufficient under SEC rules."

Arnold Gershon, a lawyer for Gralnick at Barrack, Rodos & Bacine, said he was "very pleased" with Sullivan's decision to the extent it enjoined the Proposal No. 2 vote, though said he would have to decide what to do next with regard to the say-on-pay proposal.

Sullivan directed the parties to submit a joint letter by March 1 outlining the next contemplated steps in this case.

Apple shares closed up 1.1 percent at $450.81 on Friday.

The case is Greenlight Capital LP, et al., v. Apple Inc., U.S. District Court, Southern District of New York, 13-900.

(Reporting by Nate Raymond in New York; Additional reporting by Poornima Gupta in San Francisco; Editing by Martha Graybow, Gary Hill, Leslie Adler, Carol Bishopric and Lisa Shumaker)

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Oscar Pistorius gets bail as murder trial looms

PRETORIA, South Africa (AP) — Oscar Pistorius walked out of court Friday — free at least for now — after a South African magistrate released him on bail, capping four days of often startling testimony that foreshadowed a dramatic trial in the Valentine's Day slaying of his girlfriend.

But as he was driven away, chased by photographers and cameramen, questions continued to hound the double-amputee Olympian about what actually happened the night he gunned down Reeva Steenkamp inside a locked bathroom in his home.

Pistorius is charged with premeditated murder, and even Chief Magistrate Desmond Nair expressed doubts about his story that he mistook the 29-year-old model for an intruder and fired out of fear.

"Why would (Pistorius) venture further into danger" by going into the bathroom at all, Nair asked.

Cries of "Yes!" went up from Pistorius' supporters when Nair announced his decision to a packed courtroom after a nearly two-hour explanation of the ruling.

Nair set bail at 1 million rand ($113,000), with $11,300 in cash up front and proof that the rest is available. The 26-year-old track star was also ordered to hand over his passports, turn in any guns he owns and keep away from his upscale home in a gated community in Pretoria, which is now a crime scene.

He cannot leave the district of Pretoria without his probation officer's permission and is not allowed to consume drugs or alcohol, the magistrate said. His next court appearance was set for June 4.

Earlier, Pistorius alternately wept and appeared solemn and composed, especially as Nair criticized police procedures in the case and as a judgment in the track star's favor appeared imminent. He showed no reaction as he was granted bail.

Pistorius left the courthouse in a silver Land Rover just over an hour after the bail conditions were set. The vehicle, tailed by motorcycles carrying television cameramen, later pulled into the home of Pistorius' uncle.

"We are relieved at the fact that Oscar got bail today, but at the same time we are in mourning for the death of Reeva, with her family," said Pistorius' uncle, Arnold Pistorius. "As a family, we know Oscar's version of what happened on that tragic night and we know that that is the truth and that will prevail in the coming court case."

Dozens of journalists and international and local television crews had converged on the red-brick courthouse to hear the decision — a sign of the global fascination with a case involving a once-inspirational athlete and his beautiful girlfriend, a law school graduate and budding reality TV show contestant.

Nair said Pistorius' sworn statement, an unusual written account of what happened during the pre-dawn hours of Feb. 14, had helped his application for bail.

"I come to the conclusion that the accused has made a case to be released on bail," Nair said.

Pistorius said he shot Steenkamp accidentally, believing she was an intruder in his house. He described "a sense of terror rushing over" him and feeling vulnerable because he stood only on his stumps before opening fire.

Prosecutors say he intended to kill Steenkamp as she cowered in fear behind the locked bathroom door after a loud argument between the two.

Yet despite poking holes in Pistorius' version of events and bringing up incidents they say highlight his temper, the state's case started to unravel during testimony by the lead investigator, Detective Warrant Officer Hilton Botha.

Botha, who faces seven charges of attempted murder in an unrelated incident, was removed from the case Thursday. His replacement, the nation's top detective, Vinesh Moonoo, stopped by the hearing briefly Friday.

While Nair leveled harsh criticism at Botha for "errors" and "blunders," he said one man does not represent an investigation and that the state could not be expected to put all "the pieces of the puzzle" together in such a short time.

The prosecution accepted the judge's decision without protest. "We're still confident in our case," prosecution spokesman Medupe Simasiku said.

Pistorius faced the sternest bail requirements in South Africa because of the seriousness of the charge, which carries a life sentence if convicted. His defense attorneys had to prove that he would not flee the country, would not interfere with witnesses or the case, and his release would not cause public unrest.

Nair questioned whether Pistorius would be a flight risk when he stood to lose a fortune in cash, cars, property and other assets. Nair also said that while it had been shown that Pistorius had aggressive tendencies, he did not have a prior record of offenses for violent acts.

Anticipating the shape of the state's case at trial, he said he had serious questions about Pistorius' account: Why didn't he try to locate his girlfriend if he feared an intruder was in the house? Why didn't he try to determine who was in the bathroom before opening fire? And why did he venture into perceived "danger" in the bathroom when he could have taken other steps to ensure his safety?

"There are improbabilities which need to be explored," Nair said, adding that Pistorius could clarify these matters by testifying under oath at trial.

Sharon Steenkamp, Reeva's cousin, said the model's family would not be watching the bail decision and had not been following the hearing.

"It doesn't make any difference to the fact that we are without Reeva," she told The Associated Press.

Before the hearing, Pistorius' longtime coach, Ampie Louw, said he hoped to put the runner back into his training routine if he got bail.

"The sooner he can start working the better," said Louw, who persuaded the double-amputee to take up track as a teenager a decade ago. But he acknowledged Pistorius could be "heartbroken" and unwilling to immediately pull on the carbon-fiber running blades that earned him the nickname "Blade Runner."

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AP Sports Writer Gerald Imray contributed to this report from Johannesburg.

___

Jon Gambrell can be reached at www.twitter.com/jongambrellAP .

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FDA approves new targeted breast cancer drug

WASHINGTON (AP) — The Food and Drug Administration has approved a first-of-a-kind breast cancer medication that targets tumor cells while sparing healthy ones.

The drug Kadcyla from Roche combines the established drug Herceptin with a powerful chemotherapy drug and a third chemical linking the medicines together. The chemical keeps the cocktail intact until it binds to a cancer cell, delivering a potent dose of anti-tumor poison.

Cancer researchers say the drug is an important step forward because it delivers more medication while reducing the unpleasant side effects of chemotherapy.

"This antibody goes seeking out the tumor cells, gets internalized and then explodes them from within. So it's very kind and gentle on the patients — there's no hair loss, no nausea, no vomiting," said Dr. Melody Cobleigh of Rush University Medical Center. "It's a revolutionary way of treating cancer."

Cobleigh helped conduct the key studies of the drug at the Chicago facility.

The FDA approved the new treatment for about 20 percent of breast cancer patients with a form of the disease that is typically more aggressive and less responsive to hormone therapy. These patients have tumors that overproduce a protein known as HER-2. Breast cancer is the second most deadly form of cancer in U.S. women, and is expected to kill more than 39,000 Americans this year, according to the National Cancer Institute.

The approval will help Roche's Genentech unit build on the blockbuster success of Herceptin, which has long dominated the breast cancer marketplace. The drug had sales of roughly $6 billion last year.

Genentech said Friday that Kadcyla will cost $9,800 per month, compared to $4,500 per month for regular Herceptin. The company estimates a full course of Kadcyla, about nine months of medicine, will cost $94,000.

FDA scientists said they approved the drug based on company studies showing Kadcyla delayed the progression of breast cancer by several months. Researchers reported last year that patients treated with the drug lived 9.6 months before death or the spread of their disease, compared with a little more than six months for patients treated with two other standard drugs, Tykerb and Xeloda.

Overall, patients taking Kadcyla lived about 2.6 years, compared with 2 years for patients taking the other drugs.

FDA specifically approved the drug for patients with advanced breast cancer who have already been treated with Herceptin and taxane, a widely used chemotherapy drug. Doctors are not required to follow FDA prescribing guidelines, and cancer researchers say the drug could have great potential in patients with earlier forms of breast cancer

Kadcyla will carry a boxed warning, the most severe type, alerting doctors and patients that the drug can cause liver toxicity, heart problems and potentially death. The drug can also cause severe birth defects and should not be used by pregnant women.

Kadcyla was developed by South San Francisco-based Genentech using drug-binding technology licensed from Waltham, Mass.-based ImmunoGen. The company developed the chemical that keeps the drug cocktail together and is scheduled to receive a $10.5 million payment from Genentech on the FDA decision. The company will also receive additional royalties on the drug's sales.

Shares of ImmunoGen Inc. rose 2 cents to $14.32 in afternoon trading. The stock has ttraded in a 52-wek range of $10.85 to $18.10.

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Adele, 'Les Miserables' cast sing on Oscar stage

LOS ANGELES (AP) — It was an extra starry, musical day at the Dolby Theatre.

Adele took the stage first Friday, followed by the cast of "Les Miserables," singing together of the first time.

Oscar nominees Hugh Jackman and Anne Hathaway, along with co-stars Russell Crowe, Amanda Seyfried, Helena Bonham-Carter, Sasha Baron-Cohen, Eddie Redmayne, Aaron Tveit and Samantha Barks rehearsed their performances on the Oscar stage. They were backed by members of the musical's stage productions from London and Broadway.

"Les Miserables" director Tom Hooper sat in the front row of the theater as his cast sang together on stage.

Moments earlier, Adele dazzled the tiny audience of show workers with her performance of the James Bond theme "Skyfall."

She giddily remarked, "We're seated in the front row!"

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16 airport investors show interest in Midway

An international array of airport investors and operators have shown interest in developing bids to privatize Midway Airport, the city announced Friday evening.

Sixteen parties responded to the city's "request for qualifications" by a 4 p.m. deadline, indicating they had interest in leasing, operating and improving the Southwest Side airport, the nation's 26th busiest, with about 9 million passengers passing through annually.

"The response generated from the  ... process is encouraging and provides the city with a sense of the strong level of interest in a potential lease," said Lois Scott, the city's chief financial officer. "We must evaluate fully if this could be a win for Chicagoans."

The city and its advisers will review the responses to identify qualified potential bidders.

Of the 16, seven had both the operational and financial capabilities sought in the RFQ. The city identified them as:

-- ACO Investment Group, an investor and operator with global airport experience.

-- AMP Capital Investors Limited, a manager and investor in airports, including Melbourne Airport in Australia and Newcastle Airport, in Britain.

--  Corporacion America Group, an Argentina-based airport operator with 49 airports in seven countries.

-- Global Infrastructure Partners (GIP), which is the controlling investor and active manager of London City Airport, London Gatwick Airport and Edinburgh Airport.

--Great Lakes Airport Alliance, which is a partnership of Macquarie Infrastructure and Real Assets and Ferrovial. Its airport operations include London's Heathrow, Brussels Airport and Copenhagen Airport.

-- Incheon International Airport and Hastings Funds Management, which is the sole owner and operator of Incheon International Airport in South Korea and an investor with 16 airport-related investments.

--  Industry Funds Management and Manchester Airport Group, an investor with interests in 13 airports, including Melbourne Airport and Brisbane Airport, both in Australia, and operator of Manchester Airport and East Midlands Airport, in Britain.

If the city moves forward and seeks proposals, a privatization plan could be submitted to the City Council this summer.

This is the second time Chicago has looked at privatizing Midway. A 99-year lease that would have brought in $2.5 billion died in 2009 when the financial markets froze. That deal had drawn six serious bidders.

Mayor Rahm Emanuel has said any second attempt would have to provide city taxpayers with a better deal than the widely criticized 75-year agreement to privatize parking meter operations, carried out during former Mayor Richard Daley's administration. Proceeds from the earlier deal were used to plug operating deficits, and meter rates rose sharply.

This time, proposed leases must be less than 40 years, which locks in the city for a shorter period.

Rather than making only an upfront payment, the private operator also must share revenue with the city on an ongoing basis. Initial proceeds would be used to pay down debt issued since 1996 to rebuild the airport, the mayor's office said. There is about $1.4 billion in outstanding debt.

Longer term, cash flow would be directed to city infrastructure needs. The mayor has pledged proceeds would not be used to pay for city operations.

kbergen@tribune.com

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Retired general: National Guard could help curb Chicago violence

To reduce the homicides and shootings plaguing Chicago streets, elected officials should consider calling on the state and federal governments for help, even the National Guard if necessary, said a retired Army lieutenant general who spearheaded the military response after Hurricane Katrina.

"Just like we do with any disaster. When the tornado comes, or the floods come, the federal government comes in to help," Russel L. Honore said Thursday at a news conference in Chicago.

"Let's not let this be about pride. 'We are big ol' Chicago, we are too proud, we can handle this.' Maybe you can't handle it. If you need help, get the federal government here. But let's control the streets so children and elderly people can be in a safe community."

Honore, known for his no-nonsense leadership, was in Chicago as part of The HistoryMakers project to record and archive the stories of African-American military leaders. The nonprofit organization houses the largest collection of recorded histories of African-Americans.

As part of his visit, Honore met with high school students to discuss his career.

At the news conference at the Chicago Military Academy in the Bronzeville neighborhood, Honore spoke out against the gun violence that affects the lives of so many of the students.

Honore was mild in his tone and fell short of demanding action. Instead he suggested a strategy he thinks could work.

To tackle the violence here, Honore said, the state police and other law enforcement agencies could lend a hand to local police. And the National Guard could take over routine duties, patrolling the streets and handling traffic, while police concentrate their efforts on solving crimes and increasing their presence in troubled neighborhoods.

Last year, Chicago homicides exceeded 500 for the first time since 2008, a 16 percent jump from 2011. And January saw the most homicides for that month since 2002. In addition, the shooting death of Hadiya Pendleton has placed an international spotlight on the random violence in Chicago because the 15-year-old honors student with so much promise was killed less than a mile from President Barack Obama's home.

To reduce the violence, more attention needs to be paid to poor communities infested with drugs, Honore said.

"Trust me, we can tap this down," Honore said of the shootings. "It would take a commitment, and it's not going to be popular. Many people are going to say why are you bringing that to my community? (But) do you want law enforcement or do you want people shooting day and night and destroying the lives of innocent people like the little girl who lost her life here a few weeks ago?"

Rondell Freeman, a 17-year-old junior at Prologue Early College High School who was among the students to hear Honore's remarks, said he feels afraid on the streets or even visiting the local park in his Garfield Park community. Honore's suggestion to bring in state police and National Guard seems radical, but it may be necessary, he said.

"We should do whatever it takes to end the violence, so we won't have to feel scared," he said. "These kids have guns. We need experienced people that can stop them."

When he's not working as a Chicago police officer, Richard Wooten said he's in the neighborhoods — Auburn Gresham, West Chesterfield and Chatham — helping residents develop neighborhood watch groups.

"Crime in Chicago is just running rampant," said Wooten, who does community work as part of his own organization, the Gathering Point Community Council. He attended Honore's news conference.

"This is going to require more than just the Chicago Police Department," he said. "We are in a state right now where we need not only to get the community activated and mobilized and dealing with the issues in their community, but somewhere along the way, we're going to have to tap into some federal funding."

lbowean@tribune.com

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Facebook blocks access to NBC.com after reports site is infected

DEAR ABBY: My boyfriend, "Doug" (24), and I (22) have been in a long-distance relationship for a year, but we were friends for a couple of years before that. I had never had a serious relationship before and lacked experience. Doug has not only been in two other long-term relationships, but has had sex with more than 15 women. One of them is an amateur porn actress.I knew about this, but it didn't bother me until recently. Doug had a party, and while he was drunk he told one of his buddies -- in front of me -- that he should watch a certain porn film starring his ex-girlfriend. ...

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A 1-2 knockout: McIlroy, Woods lose in Match Play

MARANA, Ariz. (AP) — Rory McIlroy and Tiger Woods knocked out in the first round of the Match Play Championship? Not many would have given that a snowball's chance in the desert.

Almost as surprising as the freakish snowstorm on Dove Mountain was the sight of golf's two biggest stars heading to the airport, only the second time in the 15-year history of this wild tournament that No. 1 and No. 2 didn't last more than a day.

Shane Lowry of Ireland chipped in twice and drilled a fairway metal to 3 feet to seize control, and then knocked out McIlroy with a bunker shot to 4 feet to save par on the final hole. Just as the shock was wearing off, Charles Howell III came up with kind of shots he's used to seeing Woods make in the clutch — a wedge that stopped inches from the cup on the 15th hole, and a 25-foot birdie on the 16th that carried him to a 2-and-1 victory.

"It's definitely a day I'm going to remember," said Lowry, the third player in the last four years to eliminate the No. 1 seed in the opening round.

"I had nothing to lose," Howell said.

The biggest loser Thursday might have been NBC Sports, which lost the two biggest draws.

Not even Phil Mickelson can save the day. He's not playing this year.

Howell had not faced Woods in match play since he was 17 and lost to him in the third round of the 1996 U.S. Amateur. He said he had never beaten him even in the dozens of casual games they played over the years at Isleworth before Woods moved away to south Florida.

What a time to change that losing streak.

Howell, who qualified for this World Golf Championship for the first time in five years, played a fabulous round in cold conditions. They matched scores 10 times in 14 holes before Howell came through with back-to-back birdies.

"In this format, match play is crazy," Howell said. "He's Tiger Woods. I was lucky to hang in there."

The final matches were played in near darkness, and they could have stopped after 15 holes. Woods wanted to play on, even though Howell had the momentum. Woods was 2 under for the day, and neither of them made a bogey.

"We both played well," Woods said. "He made a couple of more birdies than I did. He played well, and he's advancing."

McIlroy, the No. 1 player in the world, built a 2-up lead early in the match until Lowry rallied and grabbed the momentum by chipping in for birdie on the par-5 11th to avoid falling behind, chipping in from behind the 12th green for birdie and then ripping a fairway metal to within a few feet for a conceded eagle on the 13th to go 2 up.

Lowry missed a short par putt on the 14th, only for McIlroy to give away the next hole with a tee shot into the desert and a bunker shot that flew over the 15th green and into a cactus. But the two-time major champion hung tough, coming up with a clutch birdie on the 16th to stay in the game.

McIlroy nearly holed his bunker on the 18th, and Lowry followed with a steady shot out to 4 feet and calmly sank the putt.

"Deep down, I knew I could beat him," Lowry said. "There's a reason I'm here, and this is match play."

For McIlroy, more questions are sure to follow him to Florida for his road to the Masters. He now has played only 54 holes in the first two months of the season, missing the cut in Abu Dhabi and losing in the first round at Dove Mountain.

"You want to try and get as far as you can, but I guess that's match play," McIlroy said. "I probably would have lost by more if I had played someone else in the field. It wasn't a great quality match. But it would have been nice to get through and just get another day here and another competitive round under my belt."

The only other time the top two seeds lost in the opening round was in 2002, when Woods and Phil Mickelson lost at La Costa.

Luke Donald nearly made it the top three seeds except for a clutch performance. He holed a 10-foot birdie putt to halve the 17th hole and stay tied with Marcel Siem of Germany. Donald then birdied the 18th from 7 feet to win the match.

Louis Oosthuizen, the No. 4 seed, rallied to get past Richie Ramsay of Scotland.

The opening round was halted Wednesday after 3½ hours because of a freak snowstorm that covered Dove Mountain with nearly 2 inches. It continued to snow at times overnight, and it took nearly five hours to clear snow from the golf course for the tournament to resume.

Turns out, snow wasn't the only surprise.

"I had to play extremely well to have a chance, and I still kept waiting for that Tiger moment," Howell said.

It never came.

Woods missed short birdie chances at the 10th and 11th, but the real damage came on the 15th when he went long of the green with a wedge in hand. Howell also missed a pair of short putts on the back nine, but he came up big with the putt on the 16th.

"Really, I didn't even realize I was 2 up with two to go until I got right to the tee on 17, and it actually threw me for a bit because I never maybe was really in the moment and didn't quite realize how things were," Howell said. "And as far as beating Tiger Woods, it shows you that match play is crazy. I did have to play a good round. But yeah, it's a bit hard to believe I'm sitting here today."

Howell and Lowry will have to wait until Friday to find out their opponents.

Carl Pettersson was 1 up on Rickie Fowler through 17 holes when they stopped because of darkness. The winner gets Lowry, who will be fighting some history. Of the previous three players to beat the No. 1 seed in the opening round, all of them lost in the second round.

Howell gets either Gonzalo Fernandez-Castano or Francesco Molinari, who were all square through 15 holes.

In other matches:

— Ernie Els lost in the opening round for the sixth time. He missed a 3-foot par putt on the 16th hole that would have given him the lead, and he missed a 5-foot par putt on the 18th hole to lose to Fredrik Jacobson.

— Russell Henley, two months into his rookie season, defeated the hottest player in the field when he took down Charl Schwartzel, who had won twice and finished no worse than fifth in his last six tournaments worldwide.

— Rafael Cabrera Bello beat Lee Westwood in 19 holes after Westwood missed a 6-foot par putt on the last hole.

The opening round of the Match Play is typically the best day in golf. This one took two days, and it was unlike any other.

Nearly 2 inches of snow covered Dove Mountain on Wednesday, and with more snow overnight, nothing had changed when players began arriving Thursday morning. There already was a two-hour delay when they arrived.

"There was a guy building a snowman this morning at 8, and they said they were going off at 10:30," Henley said. "I figured it was going to be awhile"

No one had an easier day than Bo Van Pelt.

Having won six straight holes to go 5 up before snow suspended play on Wednesday, Van Pelt finally got back on the golf course and struck all of two shots — an 8-iron and a 45-foot putt. He won the 13th hole with a par to complete a 6-and-5 win over John Senden of Australia.

And then there was Sergio Garcia. He was one putt away from winning when play stopped Wednesday. He three-putted from 12 feet to lose the hole, and on the 18th hole, Thongchai Jaidee made a 6-foot birdie to send the match into overtime.

On the first extra hole, Garcia removed his cap and was putting his golf ball and tees in the bag as Jaidee settled over a 10-foot birdie. The putt ran around the back edge of the cup, giving Garcia life. He made birdie on the par-5 second hole to win in 20 holes.

So instead of hitting one shot Thursday, he had to play 19 of them. Garcia's was the first match of the tournament. It took him about 30 hours to finish.

"It's weirdness, I guess," Garcia said. "I guess at the end of the day, I was pleased to get through."

That's one thing McIlroy and Woods can't say.

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APNewsBreak: Govs to hear Oregon health care plan

SALEM, Ore. (AP) — Oregon Gov. John Kitzhaber will brief other state leaders this weekend on his plan to lower Medicaid costs, touting an overhaul that President Barack Obama highlighted in his State of the Union address for its potential to lower the deficit even as health care expenses climb.

The Oregon Democrat leaves for Washington, D.C., on Friday to pitch his plan that changes the way doctors and hospitals are paid and improves health care coordination for low income residents so that treatable medical problems don't grow in severity or expense.

Kitzhaber says his goal is to win over a handful of other governors from each party.

"I think the politics have been dialed down a couple of notches, and now people are willing to sit down and talk about how we can solve the problem" of rising health care costs, Kitzhaber told The Associated Press in a recent interview.

Kitzhaber introduced the plan in 2011 in the face of a severe state budget deficit, and he's been talking for two years about expanding the initiative beyond his state. Now, it seems he's found people ready to listen.

Hospital executives from Alabama visited Oregon last month to learn about the effort. And the U.S. Department of Health and Human Services announced Thursday that it's giving Oregon a $45 million grant to help spread the changes beyond the Medicaid population and share information with other states, making it one of only six states to earn a State Innovation Model grant.

Kitzhaber will address his counterparts at a meeting of the National Governors Association. His talk isn't scheduled on the official agenda, but a spokeswoman confirmed that Kitzhaber is expected to present.

"The governors love what they call stealing from one another — taking the good ideas and the successes of their colleagues and trying to figure out how to apply that in their home state," said Matt Salo, director of the National Association of Medicaid Directors.

There's been "huge interest" among other states in Oregon's health overhaul, Salo said, not because the concepts are brand new, but because the state managed to avoid pitfalls that often block health system changes.

Kitzhaber persuaded state lawmakers to redesign the system of delivering and paying for health care under Medicaid, creating incentives for providers to coordinate patient care and prevent avoidable emergency room visits. He has long complained that the current financial incentives encourage volume over quality, driving costs up without making people healthier.

Obama, in his State of the Union address this month, suggested that changes such as Oregon's could be part of a long-term strategy to lower the federal debt by reigning in the growing cost of federally funded health care.

"We'll bring down costs by changing the way our government pays for Medicare, because our medical bills shouldn't be based on the number of tests ordered or days spent in the hospital — they should be based on the quality of care that our seniors receive," Obama said.

The Obama administration has invested in the program, putting up $1.9 billion to keep Oregon's Medicaid program afloat over the next five years while providers make the transition to new business models and incorporate new staff and technology.

In exchange, though, the state has agreed to lower per-capita health care cost inflation by 2 percentage points without affecting quality.

The Medicaid system is unique in each state, and Kitzhaber isn't suggesting that other states should adopt Oregon's specific approach, said Mike Bonetto, Kitzhaber's health care policy adviser. Rather, he wants governors to buy into the broad concept that the delivery system and payment models need to change.

That's not a new theory. But Oregon has shown that under the right circumstances massive changes to deeply entrenched business models can gain wide support.

What Oregon can't yet show is proof the idea is working — that it's lowering costs without squeezing on the quality or availability of care. The state is just finishing compiling baseline data that will be used as a basis of comparison.

One factor driving the Obama administration's interest in Oregon's success is the president's health care overhaul. Under the Affordable Care Act, millions more Americans will join the Medicaid rolls after Jan. 1, and the health care system will have to be able to absorb the influx of patients in a logistically and financially sustainable way.

The federal government will pay 100 percent of the costs for those additional patients in the first three years before scaling back to 90 percent in 2020 and beyond.

"There are a lot of governors who are facing the same challenges we're facing in Oregon," Kitzhaber said. "They recognize that the cost of health care is something they're going to have to get their arms around."

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Winfrey, 'Beasts' actress honored at Essence lunch

BEVERLY HILLS, Calif. (AP) — Nine-year-old Oscar nominee Quvenzhane' (Kwa-VEHN-ja-nay) Wallis toted a plush, dog-shaped purse with jeweled handles as she rubbed shoulders with Oprah Winfrey and Alfre Woodard.

The star of best-picture contender "Beasts of the Southern Wild" was among the honorees Thursday at Essence magazine's sixth annual Black Women in Hollywood awards luncheon. Quvenzhane stood on a step so she could speak at the podium, and thanked God, "Beasts" director Behn Zeitlin and her "baby sitter that was on set."

Quvenzhane is the youngest best-actress nominee in Oscar history, and one of only 10 African-Americans recognized in the category.

Actresses Gabrielle Union and Naomie Harris, and writer-director Mara Brock-Akil also were honored at the Essence event at the Beverly Hills Hotel.

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United takes Dreamliner off schedule until June

The All Nippon Airways Dreamliner 787 arrives at Mineta San Jose International Airport. (Gary Reyes/San Jose Mercury News/MCT / January 22, 2013)

Staff and wire report

1:35 p.m. CST, February 21, 2013

The parent company of United Airlines says it is taking the Boeing 787 off its schedule through June 5 for all but one of its routes.

United Continental Holdings Inc. said it still plans to use the 787 on its flights between Denver and Tokyo's Narita airport starting May 12. It had aimed to start that route on March 31.

United, currently world's largest airline and the only U.S. customer for the 787, said the timing of that reinstatement will depend on resolution of the Dreamliner's current issues.

The 50 Dreamliners in commercial service were grounded worldwide last month after a series of battery-related incidents including a fire on board a parked plane in the United States and an in-flight problem on another jet in Japan. United had only been flying the plance since November.

Sources told Reuters earlier this week that Boeing Co. has found a way to fix the battery problems that involves increasing the space between the lithium ion battery cells.

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Jackson Jr.: 'Tell everybody back home I'm sorry I let 'em down'

WASHINGTON—

— It was the kind of runaway spending usually reserved for someone with newfound riches — a holistic retreat, a cruise, pricey restaurant tabs, flat-screen televisions and even a pair of stuffed elk heads —and former Congressman Jesse Jackson Jr. admitted Wednesday that he conspired with his then-Chicago alderman wife to pay for it all with campaign money and cover it up.

In two quiet federal court appearances just hours apart, the power couple who once sought to write a new chapter in Chicago political history instead became the latest entry in an infamous culture of public corruption. Jackson pleaded guilty to conspiring with his wife, Sandi, to siphon campaign funds for personal use, and she pleaded guilty to not reporting most of the take as income on the couple's tax returns.

A sullen Jackson gave his wife a peck on the cheek at his own hearing and at times appeared to wipe tears from his eyes as he told a judge he was guilty of misusing about $750,000 in campaign money. And with that, a political star once seemingly destined for the U.S. Senate or the Chicago mayor's office dissolved once and for all.

"Tell everybody back home I'm sorry I let 'em down, OK?" Jackson told a reporter as he left the courtroom.

As part of Jackson's plea agreement, prosecutors filed a 22-page statement filled with stunning details of how the Jacksons used his congressional campaign fund to fuel a lavish lifestyle. Jackson admitted that together the couple used campaign credit cards to buy personal items, tapped campaign funds to pay those bills, sometimes arranged for their campaign treasurer to make purchases for them, filed falsified campaign-disclosure forms to hide their actions and ultimately understated their personal income for tax purposes.

Both Jacksons face the prospect of time in federal prison.

As part of the plea deal, prosecutors and Jesse Jackson's defense agreed that sentencing guidelines in the case call for a term of between 46 and 57 months, but the sides reserved the right to argue for a sentence above or below that range when he is sentenced June 28.

Sandi Jackson is to be sentenced days later on July 1 and may face from one to two years. Among the conduct in her case, prosecutors said, was failing to report that money in her aldermanic campaign fund was used for personal expenses.

Experts said the agreement for Jesse Jackson leaves room for the defense to argue for probation and use his mental health as a mitigating factor.

Jackson removed himself from the public spotlight last June after winning a primary election in March. His medical leave was initially attributed to "exhaustion." It was later revealed that he had been treated in the Sierra Tucson facility in Arizona and the Mayo Clinic in Minnesota and was diagnosed with bipolar disorder.

He resigned in November amid the swirling probe, ending a 17-year congressional career just two weeks after winning re-election.

U.S. District Court Judge Robert Wilkins asked Jackson during the hearing whether he understood what was happening.

"Sir, I've never been more clear in my life," Jackson answered.

At a news conference after the hearing, Jackson Jr.'s attorney, Reid Weingarten, said Jackson's health problems contributed to his crimes, hinting it may be an issue raised in a sentencing hearing.

"It turns out that Jesse has serious health issues. ... Those health issues are directly related to his present predicament," Weingarten said. "That's not an excuse, that's just a fact."

Documents filed with the plea agreement lay out a steady pilfering of Jackson's campaign fund during a period of nearly seven years dating to August 2005.

Six people identified by letters of the alphabet — Persons A through F —- were involved in various aspects of the crimes, prosecutors said, and have not been granted immunity in the case. They include two former campaign treasurers, an Alabama businessman who issued a check to pay down a Jackson credit card balance and a Chicago consultant.

In January 2006, Jackson personally opened a bank account under the name "Jesse Jackson Jr. for Congress," and the following year withdrew $43,350 he used to buy a gold Rolex watch, prosecutors said. In 2007, he was also withdrawing funds to pay down personal credit cards, according to case documents.

After that year, the spending went into high gear.

"These expenditures included high-end electronic items, collector's items, clothing, food and supplies for daily consumption, movie tickets, health club dues, personal travel, and personal dining expenses," prosecutors said. When he was charged last week, Jackson was accused of buying, among other items, a fedora that belonged to pop superstar Michael Jackson, an Eddie Van Halen guitar and a football signed by U.S. presidents.

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Sony unveils new PlayStation 4 console

NEW YORK (Reuters) - Sony Corp unveiled its first video game console in seven years on Wednesday that will let users stream and play video games hosted on servers, hoping the move will help stem user losses, pre-empt the next version of Microsoft's Xbox and propel it back to the top of the videogame hardware industry.

The company revealed its PlayStation 4 console, which will succeed the PlayStation 3, at a flashy event in New York with game developers like Ubisoft and Activision Blizzard in attendance.

Sony said the console would be available for the holiday 2013 season. It did not immediately disclose pricing.

The console will be up against the next version of the industry-leading Xbox console, which is expected later this summer.

The controller on the new console dubbed "DualShock 4" will have a touch pad, Mark Cerny, lead system architect on PlayStation 4, said.

Sony purchased U.S. cloud-based gaming company Gaikai for $380 million in July. Using that technology, the new console will offer a cloud-gaming service, the company said.

The 8GB PlayStation 4, which has been in development for the last five years, can also instantly stream game content from the console to Sony's handheld PlayStation Vita through a feature called "Remote Play," the company said.

Sony has also revamped the user interface on the new console that keeps tabs on user preferences and added social networking features.

Sony's announcement comes amid industry speculation that Microsoft is set to unveil the successor to its Xbox 360 later this summer. The market-leading Xbox 360 beats the seven-year-old PlayStation 3's online network with features such as voice commands on interactive gaming and superior connectivity to smartphones and tablets.

Gaining a lead over Microsoft's Xbox and Nintendo Co Ltd's new Wii U could help Sony revive an electronics business hurt by a dearth of hit gadgets, a collapse in TV sales and the convergence of consumer interest around tablets and smartphones built by rivals Apple Inc and Samsung Electronics Co Ltd.

Tablets and smartphones already account for around 10 percent of the $80 billion gaming market. Those mobile devices, analysts predict, will within a few years be as powerful as the current slew of game-only consoles.

After six years, Sony PlayStation sales are just shy of Xbox's 67 million installed base and well behind the 100 million units of Wii sold by Nintendo, according to analysts.

(Reporting By Liana Baker and Malathi Nayak; Editing by Gary Hill, Bernard Orr)

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Harden scores 46, Rockets rally past Thunder

HOUSTON (AP) — James Harden scored a career-high 46 points and Jeremy Lin added 29 as the Houston Rockets mounted a furious fourth-quarter comeback for a 122-119 victory over the Oklahoma City Thunder on Wednesday night.

Houston was down by 14 points with about seven minutes left. The Rockets used a 21-4 run to erase the deficit and take a 114-111 lead with 1:46 remaining. Harden stepped back under heavy pressure from Serge Ibaka to sink a 3 to tie it, before Lin connected on one seconds later to give the Rockets their first lead of the second half.

Harden, traded from Oklahoma City to Houston before the season, made a bucket before Ibaka made two free throws. Then came another 3 by Lin to extend the lead to 119-113.

A 3-pointer by Russell Westbrook got Oklahoma City within three points, but Lin made one of two free throws to secure the win.

Thabo Sefolosha led the Thunder with 28 points and had six 3-pointers, both career highs. His previous career high was 22, which he reached twice, most recently in 2008.

Westbrook also scored 28 points and added 10 rebounds and eight assists. Kevin Durant had 16 points, 12 rebounds and 11 assists for his second career triple-double.

It was Houston's first win this season over the Thunder, who won both previous meetings, including a 30-point win in the last matchup. The loss extends Oklahoma City's skid to three games.

Harden was 11 of 12 from the free throw line, made a career-best seven 3-pointers, had eight rebounds and six assists.

Lin grabbed a steal from Westbrook and dished to Harden, who made a shot from beyond halfcourt at the third-quarter buzzer to cut Oklahoma City's lead to 92-87 entering the fourth.

The Thunder then extended the lead to 107-93 after Kevin Martin and Sefolosha hit back-to-back 3-pointers before Houston rallied.

Oklahoma City was up by seven points midway through the third quarter when Chandler Parsons scored six points in less than a minute to get Houston within 73-72. He made a pair of free throws before adding consecutive dunks. On the first one, Carlos Delfino stole the ball from Durant and passed to Parsons for the dunk. Lin stepped in front of a pass from Ibaka a few seconds later and found Parsons alone for the two-handed slam.

Oklahoma City was up by eight points with about 1 1/2 minutes left in the first half when Lin was given a technical for arguing a call. Durant made the free throw on the technical to put Oklahoma City's lead at 60-51.

Harden took over after that, scoring all of Houston's points in a 6-2 run to end the quarter and cut the lead to 62-57 at halftime.

Harden made four 3-pointers early to help Houston build a 34-22 lead in the first quarter. Oklahoma City scored seven straight points after that, before Harden added a pair of free throws to lead the Rockets up 36-29 at the end of the first quarter.

Parsons was helped off the court and into the locker room after twisting his right ankle near the end of the third quarter.

He returned with about 6 1/2 minutes left in the game.

NOTES: The Rockets reached agreements on two trades that will send Patrick Patterson, Cole Aldrich and Toney Douglas to Sacramento and Marcus Morris to Phoenix, a person familiar with the situation said Wednesday. The Rockets will receive Thomas Robinson, the No. 5 pick in last year's draft, Francisco Garcia and Tyler Honeycutt from the Kings, according to the person, who spoke on condition of anonymity because the deal had not been announced and was still pending league approval. ... Thunder center Kendrick Perkins missed Wednesday's game with a sprained right knee.

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AP Sports Writer Chris Duncan contributed to this report

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Scientists use 3-D printing to help grow an ear

WASHINGTON (AP) — Printing out body parts? Cornell University researchers showed it's possible by creating a replacement ear using a 3-D printer and injections of living cells.

The work reported Wednesday is a first step toward one day growing customized new ears for children born with malformed ones, or people who lose one to accident or disease.

It's part of the hot field of tissue regeneration, trying to regrow all kinds of body parts. Scientists hope using 3-D printing technology might offer a speedier method with more lifelike results.

If it pans out, "this enables us to rapidly customize implants for whoever needs them," said Cornell biomedical engineer Lawrence Bonassar, who co-authored the research published online in the journal PLoS One.

This first-step work crafted a human-shaped ear that grew with cartilage from a cow, easier to obtain than human cartilage, especially the uniquely flexible kind that makes up ears. Study co-author Dr. Jason Spector of Weill Cornell Medical Center is working on the next step — how to cultivate enough of a child's remaining ear cartilage in the lab to grow an entirely new ear that could be implanted in the right spot.

Wednesday's report is "a nice advancement," said Dr. Anthony Atala, director of the Institute for Regenerative Medicine at Wake Forest Baptist Medical Center, who wasn't involved in the new research.

Three-dimensional printers, which gradually layer materials to form shapes, are widely used in manufacturing. For medicine, Atala said the ear work is part of broader research that shows "the technology now is at the point where we can in fact print these 3-dimensional structures and they do become functional over time."

Today, people who need a new ear often turn to prosthetics that require a rod to fasten to the head. For children, doctors sometimes fashion a new ear from the stiffer cartilage surrounding ribs, but it's a big operation. Spector said the end result seldom looks completely natural. Hence the quest to use a patient's own cells to grow a replacement ear.

The Cornell team started with a 3-D camera that rapidly rotates around a child's head for a picture of the existing ear to match. It beams the ear's geometry into a computer, without the mess of a traditional mold or the radiation if CT scans were used to measure ear anatomy.

"Kids aren't afraid of it," said Bonassar, who used his then-5-year-old twin daughters' healthy ears as models.

From that image, the 3-D printer produced a soft mold of the ear. Bonassar injected it with a special collagen gel that's full of cow cells that produce cartilage — forming a scaffolding. Over the next few weeks, cartilage grew to replace the collagen. At three months, it appeared to be a flexible and workable outer ear, the study concluded.

Now Bonassar's team can do the process even faster by using the living cells in that collagen gel as the printer's "ink." The 3-D technology directly layers the gel into just the right ear shape for cartilage to cover, without having to make a mold first.

The next step is to use a patient's own cells in the 3-D printing process. Spector, a reconstructive surgeon, is focusing on children born without a fully developed external ear, a condition called microtia. They have some ear cartilage-producing cells in that tissue, just not enough. So he's experimenting with ways to boost those cells in the lab, "so we can grow enough of them from that patient to make an ear," he explained.

That hurdle aside, cartilage may be the tissue most amenable to growing with the help of 3-D printing technology, he said. That's because cartilage doesn't need blood vessels growing inside it to survive.

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