Court to Madigan: No rehearing on concealed-carry guns ruling









SPRINGFIELD — A divided federal appeals court today rejected Illinois Attorney General Lisa Madigan’s request for a rehearing on the case where the state has been ordered to allow citizens to carry guns in public.


Madigan made the request following the U.S. Seventh Circuit Court of Appeals decision in December that gave Illinois 180 days to put together a law that would allow concealed weapons in Illinois.


There has been no word yet from Madigan’s office on her next move. She could choose to appeal to the U.S. Supreme Court or decide to let the ruling stand.





The appeals court action officially rejected Madigan’s request for a rehearing by the full court, but the denial came with a stinging dissent from four of the nine members of the appeals court who reviewed the matter. The original order came down from a three-member panel that also had a split vote.


The arguments made in the dissent, written by Judge David Hamilton, could bolster Madigan’s cause if she appeals to the nation’s high court.


“The Supreme Court has not yet decided whether .. the individual right to keep and bear arms at home under the Second Amendment extends beyond the home,” Hamilton wrote.


Illinois is the only state in the nation that does not allow citizens to carry weapons in public in some form.


Hamilton’s dissent also noted the ruling that called for Illinois to allow concealed carry is the “first decision by a federal court of appeals striking down legislation restricting the carrying of arms in public.”


He wrote that three major points are worthy of consideration by the full appellate court rather than simply the three-member panel:


*Whether to extend the right to bear arms outside the home and into the public sphere, a matter that “presents issues very different from those involved in the home itself, which is all the Supreme Court decided” in a case currently viewed as the law of the land.


*How to handle what the panel did not decide. The three-member panel left Illinois a “good deal of constitutional room for reasonable public safety measures concerning public carrying of firearms.”


*How to proceed in future decisions about laws that are more narrowly tailored and any state interests that justify some restrictions on rights.


“Where the law is genuinely in doubt, as it is likely to remain for some time under the Second Amendment, a trial court can do a great service by ensuring the development of a thorough and complete record that provides a reliable, accurate factual foundation for constitutional adjudication,” Hamilton wrote. “The federal courts are likely to do a better job of constitutional adjudication if our considerations are based on reliable facts rather than hypothesized and assumed facts.”


You can read the opinion HERE.


rlong@tribune.com





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United not planning on Dreamliner until June
















All Nippon Dreamliner 787


The All Nippon Airways Dreamliner 787 arrives at Mineta San Jose International Airport.
(Gary Reyes/San Jose Mercury News/MCT / January 22, 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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Major snowstorm bearing down on Chicago region









A winter storm that is walloping the Great Plains will hit the Chicago area tonight and linger through the morning commute on Friday, possibly dumping up to half a foot of snow here.

A winter weather advisory has been issued for the Chicago area from 9 p.m. Thursday until 6 p.m. Friday,  with snow falling at a rate of an inch per hour overnight in some places and winds blowing at 25 to 30 miles per hour, according to the National Weather Service.






The snow will change over to freezing drizzle Friday morning, the weather service said.

Anywhere from 3 to 7 inches could fall here, but up to 16 inches are expected in Kansas and Nebraska, states expected to bear the brunt of the storm that has already closed schools, scuttled air travel and cut off power to some communities.

The storm could be the worst to hit the Midwest since a storm dumped 1 to 2 feet of snow from central Oklahoma to the lower Great Lakes and central New England between Jan. 31 to Feb. 2, 2011. The storm spawned the infamous Groundhog Day Blizzard that buried Chicago in 20.2 inches of snow.

Winter storm warnings and advisories are in place for much of the central and southern Plains and into the upper Midwest and Mississippi River Valley as the storm moves east, packing snow, sleet and freezing rain, the National Weather Service said.

Ice storm warnings were in effect for parts of northern Arkansas. The massive storm was expected to unleash thunderstorms and rain on its southern edge from eastern Texas to Georgia, the forecaster said.

Missouri Gov. Jay Nixon declared a state of emergency because of hazardous travel and possible power outages. Kansas Gov. Sam Brownback ordered state offices closed because of the storm.

Kansas City encountered an unusual mixture of snow, thunder and lightning, with 2 to 3 inches of snow falling per hour.

"When there is thunder and lightning, it's a pretty screaming clue that you are going to have massive snowfall," said Andy Bailey, a meteorologist with the National Weather Service in Pleasant Hill, Mo. A foot of snow is likely there by Thursday afternoon, he said.

In Nebraska, a woman was killed in a two-car Interstate 80 accident Wednesday afternoon near Giltner. The victim was identified as Kristina Leigh Allen, 19, of Calloway, Neb. The Nebraska State Patrol said weather was a factor.

More than 90 percent of flights out of Kansas City International Airport were canceled Thursday morning, according the airport website.

Some 55 commuter flights were canceled out of Denver International Airport overnight, mostly due to adverse conditions in Midwestern destinations in Kansas and Nebraska, said spokeswoman Laura Coale.

About 30 flights in and out of Omaha's Eppley Airfield were canceled by mid-morning Thursday.

The brunt of the snowstorm churned through Kansas, causing scores of accidents and vehicles sliding off roads, but no fatalities, according to the state highway patrol. Two semi-trucks got stuck on Interstate 35 near Emporia, Kansas, closing the southbound lane Thursday morning, according to transportation officials.

"Most of the issues we are dealing with are people getting stuck in the snow on ramps when they go to exit," said Gary Warner of the Kansas Highway Patrol office in Wichita. Snow on Wednesday resulted in about 50 crashes with no injuries and 11 with injuries on Wichita area highways, he said.

Some parts of southeast Kansas reported power outages because warmer temperatures created sleet and ice on power lines, said Sharon Watson, spokesperson for Kansas emergency management services.

The snowstorm had been predicted well in advance, prompting schools and offices to close and keeping a lot of people off the roads, said Watson.

In Oklahoma, up to 12.5 inches of snow fell in northern parts of the state while schools were closed throughout the Oklahoma City area because of treacherous driving conditions.

Areas of southwest and central Nebraska received 8 inches of snow overnight, according to the National Weather Service. Snowfall of 3 to 4 inches was widespread in central Nebraska.

Omaha and Lincoln in eastern Nebraska were bracing for about 8 or more inches of snow.

Even as students were making their way to school this morning in Iowa, administrators in dozens of districts announced early dismissals.

Few of the 150 members of the Iowa General Assembly were in the state capitol in Des Moines this morning, deciding not to brave the weather.

Snow from the powerful storm fell as far south as Tucson, Ariz. on Wednesday. The rare snowfall halted play at the World Golf Championships-Accenture Match Play tournament near Tucson.

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Well: Getting Patients to Think About Costs

A colleague and I recently got into a heated discussion over health care spending. It wasn’t that he disagreed with me about the need to rein in costs; but he said he was frustrated every time he tried to do so.

Earlier that week, for example, he had tried to avoid ordering a costly M.R.I. scan for a patient who had been suffering from headaches. After a thorough examination, my colleague was convinced the headaches were the result of stress.

But the patient was not.

“She wouldn’t leave until she got that M.R.I.,” my colleague said. Even after he had explained his conclusions several times, proposed a return visit in a month to reassess the situation and ran so far overtime that his office nurse knocked on the door to make sure nothing had gone awry, the patient continued to insist on getting the expensive study.

When my colleague finally evoked cost – telling the woman that while an M.R.I. might ferret out rare causes, it didn’t make sense to spend the enormous fee on something of such marginal benefit – the woman became belligerent. “She yelled that this was her head we were talking about,” he recalled. “And expensive tests like this were the reason she had health insurance.”

Face flushed, he paused to take a deep breath. “Yeah, I may be all for controlling costs,” he finally said. “But are our patients?”

According to a new study in the journal Health Affairs, his concern about patients may not be far off the mark.

A growing number of initiatives aimed at controlling spiraling health care costs have been championed in recent years, aiming to replace the current model in which doctors are reimbursed for every office visit, test or procedure performed. These programs range from pay-for-performance, where doctors can earn more money by meeting predetermined quality “goals” like controlling patients’ blood sugar or high blood pressure, to accountable care organizations, where clinicians and hospitals in partnership are paid a lump sum to cover all care.

Their uninspired monikers aside, all of these plans share one defining feature: doctors are to be the key agents of change. Whether linked with quality measures, bundled payments or satisfaction scores, it is the doctors’ behavior and choice of treatments that result in savings, goes the thinking.

But as the new study reveals, doctors need to take into account more than just symptoms and diseases when deciding what to prescribe and offer. They must also consider their patients’ opinions and willingness to be cost conscious when it comes to their own care.

The researchers conducted more than 20 patient focus groups and asked the participants to imagine themselves with various symptoms and a choice of diagnostic and treatment options that varied only slightly in effectiveness but significantly in cost. They were asked, for example, to choose between an M.R.I. or a CT scan for a severe long-standing headache, with the M.R.I. being much more expensive but also more likely to catch some extremely rare problems.

When it came to their own treatment, “patients for the most part did not want cost to play any role in decision-making,” said Dr. Susan Dorr Goold, one of the study authors and a professor of internal medicine and health management and policy at the University of Michigan in Ann Arbor. Most did not want their doctors to take expenditures into account, and many made it clear that they would ask for the significantly more expensive medications, procedures or diagnostic studies, even if those options were only slightly better than the cheaper alternatives. “That puts doctors, whose primary responsibility is to their individual patients, in a very difficult position.”

A majority of the participants refused to consider the expenses borne by insurers or by society as a whole when making their choices. Some doubted that one individual’s efforts would have any real overall impact and so gave up considering cost-savings altogether. Others said they would go out of their way to choose the more expensive options, viewing such decisions as acts of defiance and a kind of well-deserved “payback” after years of paying insurance premiums.

Underlying all of these comments was the belief that cost was synonymous with quality. Even when the focus group leaders reminded participants that the differences between proposed options were nearly negligible, participants continued to choose the more expensive options as if it were beyond question that they must be more efficacious or foolproof.

The study’s findings are disheartening. But Dr. Goold and her co-investigators believe that public beliefs and attitudes about cost and quality can be changed. They cite the dramatic transformation in attitudes about end-of-life care as an example of how initiatives to improve understanding can lead people to make higher quality and more cost-effective decisions, like choosing hospices over hospitals.

“We need to begin to talk about these issues in a way that doesn’t turn it into a discussion pitting money against life, and we need to find ways of getting people to think about not spending money on things that offer marginal benefit” Dr. Goold said. “Because it’s going to be tough otherwise trying to implement any cost-saving measures, if patients don’t accept them.”

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Chicago home sales up 32% from last year









The inventory of homes available for sale in the Chicago area continued to be whittled down in January but prices were relatively flat from a year ago.

The Illinois Association of Realtors said Thursday that 6,244 existing single-family homes and condos were sold in the nine-county Chicago area last month, a 36.8 percent year-over-year gain. The median price of a home sold last month was $141,000, up 0.7 percent from $140,000 in January 2012.

Pricing gains were more impressive within the city of Chicago, where the median price of a home sold last month was $159,000, up 7.4 percent from a year ago. Condos fared even better, as the median price rose 8.7 percent from last year, to $202,500 in January.

The number of homes sold in Chicago last month rose 32.2 percent from its year-ago pace, to 1,485 properties sold.

Lack of inventory remains an issue and is leading to quicker sales. Within the city, for example, the number of properties listed for sale last month was down 41.6 percent from a year ago. As a result, it took an average of 78 days to sell a Chicago home last month. A year ago in January, it took an average of 89 days.

For the entire Chicago area, inventory was down almost 37 percent and market time decreased 16 percent from a year ago.

"Foreclosures continue to dampen price gains and reduce inventory levels as prospective sellers are wary of the effect these properties have on their own prospects," said Geoffrey J.D. Hewings, a University of Illinois economist, in a statement.

mepodmolik@tribune.com | Twitter @mepodmolik

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Jackson Jr. in court: 'I am guilty, your honor'

Jesse Jr. and Sandi Jackson arriving in federal court in Washington today.









Former U.S. Rep. Jesse Jackson Jr.  pleaded guilty this morning to conspiring with his wife, former Ald. Sandi Jackson, to siphon about $750,000 in federal campaign funds for the couple’s personal use, and could face years in prison.

Sandi Jackson was scheduled to plead guilty this afternoon to a single charge of tax fraud tied to the same allegations that the couple repeatedly tapped the ex-congressman’s campaign fund, used the money for personal use and then made fraudulent campaign and tax disclosures to cover up the misconduct.


Documents filed with Jackson Jr.'s plea agreement state that in January 2006, Jackson Jr. 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.

Between 2007 and 2011, he withdrew more than $14,000 to pay down personal credit cards, prosecutors stated. Between 2005 and April 2012, he was using campaign funds to fund a life of luxury, according to the documents.

“These expenditures included high-end electronic items, collector’s items, clothing, food and supplies for daily consumption, movie tickets, health clud dues, personal travel, and personal dining expenses,” the court filing states.

Items paid with a campaign credit card included more than $4,000 on a cruise and $243 at a Build-a-Bear workshop.

“Records from Best Buy reveal that defendant purchased multiple flat-screen televisions, multiple Blu-Ray DVD players, numerous DVD’s for his Washington, D.C. home,” the records state.


As part of the plea deal with Jackson Jr., the parties have agreed that sentencing guidelines in the case call for a term of between 46 and 57 months in prison, but the sides reserved the right to argue for a sentence above or below that range for him when he is sentenced June 28.








After his release from an expected prison term, he might face three additional years of supervised release, or probation.


Also under the guideline range agreed to by Jackson Jr. and lawyers on both sides, what had been a maximum fine of $250,000 drops to one in the range of $10,000 to $100,000. In addition, he remains subject to a forfeiture of $750,000.


After entering the courtroom this morning, Jackson Jr. gave his wife Sandi a peck on the cheek and took his seat. He spoke softly during the hearing and sometimes dabbed his eyes with a tissue.


When asked by Wilkins how he would plead, Jackson answered: “I am guilty, your honor.”


Asked to sum up his conduct, Jackson acknowledged misusing campaign funds. “I used money I shouldn’t have. . .for personal purposes, and I acknowledge that,” he told the judge.


Pressed by the judge on whether he was freely entering the plea, the former congressman acknowledged he had been under psychiatric care but said he had not been treated for addiction to alcohol or narcotics.

Asked whether he understood what was happening, he answered, "Sir, I've never been more clear in my life."


The judge said Jackson could be released before sentencing and ordered him to be processed by the U.S. Marshal's Service, surrender his passport and undergo drug testing while awaiting sentencing.

His attorney asked if Jackson Jr. could be allowed to travel back and forth from Chicago, saying he essentially lived in both places, and the judge agreed.

Before the 55-minute hearing began, Jackson Jr. stepped from the defense table and shook hands with a lead FBI agent in the case, Tim Thibault, who was seated with government prosecutors.


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


At a press conference following the hearing, Jackson Jr. attorney Reid Weingarten said Jackson's health problems contributed to his crimes.

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


Jackson entered the anticipated plea in Act One of a two-part drama playing out in federal court not far from the House chamber where he served. Act Two is on tap this afternoon, when his wife, former Chicago Ald. Sandi Jackson, is expected to plead guilty to filing false tax returns.

Jackson Jr. entered a negotiated plea of guilty on one felony count of conspiracy to commit false statements, wire fraud and mail fraud. Prosecutors say he spent campaign contributions to buy luxury items, memorabilia and other goods.

As the Jacksons arrived at federal court in Washington, D.C. this morning, neither responded to questions from reporters. The two stepped out of a black SUV, and Sandi Jackson walked ahead of her husband, carrying a satchel. Jackson Jr. looked up when reporters shouted questions but said nothing and looked down as he went into the building.

Minutes later, his father, the Rev. Jesse Jackson Sr., and other family members walked through the front entrance of the courthouse, their arms linked together.

Jackson Jr., who resigned three months ago after 17 years in Congress, entered the plea before U.S. District Court Judge Robert Wilkins. Jackson Jr. was represented by three Washington lawyers: Brian Heberlig, Reid Weingarten and William Drake.

The U.S. attorney’s office in D.C., which handled the case, plans to hold a news conference this afternoon after both hearings are over.

Attorneys familiar with public corruption investigations said the amount of campaign cash that prosecutors said was converted to personal use in this case is the largest of any that they can remember.

Jackson Jr., 47, was in the House of Representatives for 17 years until he resigned last November. Sandi Jackson, 49, was a Chicago alderman from 2007 until she stepped down in January. Both are Democrats.

Jackson Jr. began a mysterious medical leave of absence last June for what was eventually described as bipolar disorder. Though he did not campaign for re-election, he won another term last Nov. 6 while being treated at the Mayo Clinic in Minnesota. He left office two weeks later, saying he was cooperating with federal investigators.

Married for more than 20 years, the Jacksons have a 12-year-old daughter and a 9-year-old son. The family has homes in Washington and on Chicago’s South Side.

Washington defense attorney Stan Brand, the former general counsel of the House of Representatives, said Tuesday that Jackson Jr.’s case involved the largest sum of money he’s seen in a case involving personal use of campaign money.

“Historically, there have been members of Congress who either inadvertently or maybe purposefully, but not to this magnitude, used campaign funds inappropriately,” he said.

Brand said that when the dollar figure involved is low, a lawmaker may be fined and ordered to reimburse the money. “This is so large, the Department of Justice decided to make his case criminal,” he said.

Earlier this morning, Judge Wilkins disclosed that he had a past link to Jackson Jr.’s father. But both prosecutors and the Jackson defense waived any attempt to transfer the case, the judge noted in a court memorandum.

Wilkins wrote that he has no interest or bias in the case, but disclosed the following:

“In 1988, while a law student, Judge Wilkins served as a co-chair of Harvard Law School students supporting the presidential campaign of Rev. Jesse L. Jackson, Sr., and on October 24, 1988, Judge Wilkins introduced Rev. Jackson when he came to speak at a campus event supporting the presidential candidacy of Governor Michael Dukakis. On March 21, 1999, while an attorney, Judge Wilkins appeared as a guest on a show hosted by Rev. Jackson on the CNN network entitled ‘Both Sides with Jesse Jackson’ to discuss a civil rights lawsuit in which Judge Wilkins was a plaintiff. Judge Wilkins believes that he has spoken to Rev. Jackson only on these two occasions, and he does not believe that he has ever met or spoken to the two defendants in these cases.”


kskiba@tribune.com





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Paul McCartney tops Bonnaroo music festival lineup






NASHVILLE, Tenn (Reuters) – Paul McCartney will perform at the Bonnaroo Music and Arts Festival in Tennessee in June along with Tom Petty & The Heartbreakers, Mumford & Sons, Bjork and Wilco, festival organizers said on Tuesday.


“Top to bottom, this is one of the strongest lineups we have ever had,” Bonnaroo spokesman Jeff Cuellar said in an interview. “Looking at the festival landscape out there … no other American festival has Mumford & Sons, Paul McCartney and Bjork all under one roof.”






Bonnaroo is among the top live music gatherings of the year, much like the Coachella Valley Music and Arts Festival in California and the Glastonbury Festival of Contemporary Performing Arts in Britain.


Up to 100,000 fans flock to the annual festival in Manchester, Tennessee, to see singers, comedians, art and films.


The 2013 concert lineup announced on Tuesday also included R. Kelly, Wu-Tang Clan, David Byrne & St. Vincent, ZZ Top, “Weird Al” Yankovic, Gov’t Mule and Dwight Yoakam.


Tickets for the festival go on sale February 23 on bonnaroo.com.


(Reporting by Tim Ghianni; Editing by David Bailey and Stacey Joyce)


Music News Headlines – Yahoo! News





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Well: Caffeine Linked to Low Birth Weight Babies

New research suggests that drinking caffeinated drinks during pregnancy raises the risk of having a low birth weight baby.

Caffeine has long been linked to adverse effects in pregnant women, prompting many expectant mothers to give up coffee and tea. But for those who cannot do without their morning coffee, health officials over the years have offered conflicting guidelines on safe amounts during pregnancy.

The World Health Organization recommends a limit of 300 milligrams of caffeine a day, equivalent to about three eight-ounce cups of regular brewed coffee. The American College of Obstetricians and Gynecologists stated in 2010 that pregnant women could consume up to 200 milligrams a day without increasing their risk of miscarriage or preterm birth.

In the latest study, published in the journal BMC Medicine, researchers collected data on almost 60,000 pregnancies over a 10-year period. After excluding women with potentially problematic medical conditions, they found no link between caffeine consumption – from food or drinks – and the risk of preterm birth. But there was an association with low birth weight.

For a child expected to weigh about eight pounds at birth, each day that the mother consumed 100 milligrams of caffeine from any source equated to a loss of between three-quarters of an ounce to an ounce in birth weight. Even after the researchers excluded from their analysis smokers, a group that is at higher risk for complications and also includes many coffee drinkers, the link remained.

One study author, Dr. Verena Sengpiel of the Sahlgrenska University Hospital in Sweden, said the findings were not definitive because the study was observational, and correlation does not equal causation. But they do suggest that women might put their caffeine consumption “on pause” while pregnant, she said, or at least stay below two cups of coffee per day.

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Office Depot to buy OfficeMax, really

Office Depot to buy Office Max as an attempt to compete with Staples.








Office Depot Inc. and Office Max Inc. have agreed to merge in a $1.17 billion stock transfer, the companies announced Wednesday, ending nearly two hours of confusion about whether a deal had been reached.


Officials at Naperville-based OfficeMax and Office Depot declined to say who would lead the combined company nor where it would be located when the "merger of equals" is completed, likely by the end of the year.

After some confusion early Wednesday, when a draft press release was posted prematurely on the website of Boca Raton, Fla.-based Office Depot's, both companies issued a joint statement at around 8:30 a.m. CT announcing the planned merger. 

"During the appropriated times ... our board will make the right decision,"  OfficeMax President and CEO  Ravi Saligram said of the location and leadership of the combined firm. "Now we're independent companies and we've got to go through lots of processes," he said.

On a conference call with analysts, Office Depot CEO Neil Austrian apologized for the announcement mishap on Wednesday morning.  "Our webcast provider inadvertently released our earnings in advance of schedule," he said.  We regret any inconvenience that this may have caused." 

Saligram and Austrian emphasized that the combination, which will create a company that will do roughly $18 billion in revenue, is a merger of equals.

"This [merger] will create a stronger, more global, more efficient competitor able to meet the growing challenges a rapidly changing industry," said Saligram. 

When combined, OfficeMax and Office Depot, the world's second and third largest office products companies by revenue, will still not eclipse the segment's largest business, Staples Inc.

The pair had combined revenue of about $18.5 billion in the last fiscal year. They expect to save about $400 million to $600 million per year within three years through layoffs, streamlining of back-office functions and combined advertising. They didn't provide details on how many workers would lose their jobs or the fate of OfficeMax's Naperville headquarters.

After days of speculation that a deal was close, a draft of a press release announcing the news was posted prematurely on Office Depot's website early Wednesday morning. More than an hour after it came out, there was still no mention of the merger on either company's website nor on the SEC or other investor websites. Sources cited by the New York Times Wednesday morning said negotiations were ongoing.


Office Depot will issue 2.69 new shares of common stock for each outstanding common share of OfficeMax. At Tuesday's closing prices, the deal is valued at $13.50 per share, or $1.17 billion, based on 86.7 million shares outstanding as of Oct. 26.

After the merger is completed, Office Depot's board will consist of an equal number of directors chosen by that company and OfficeMax.

Although the actual announcement didn’t go as planned, the deal has been rumored for years as the struggling office supply sector deals with fickle consumers and businesses that are conserving costs and doing more online.

Analysts say they expect far less pushback from antitrust authorities for this deal than what Office Depot faced in the 1990s, when it tried to merge with Staples, given the changes in the office supply market since then.

Underscoring how tough that business has become, Office Depot reported a fourth-quarter net loss, hurt by a 6 percent decrease in comparable sales at its North American stores and a revenue drop at its unit that serves North American businesses.

Office supply retailers, which are often seen as reflecting overall economic health, have suffered as demand for their products fell in the years after the last U.S. recession led companies to cut spending.

They also face strong competition from the likes of Amazon and Wal-Mart Stores Inc in selling everything from pens and notebooks to furniture and break room supplies to government, businesses and individuals.

SMALL PREMIUM

The offer represented a premium of just under 4 percent to OfficeMax's $13 close. It was not immediately clear if that was enough to satisfy one of the company's largest shareholders, Neuberger Berman, which said earlier this week it would support a deal depending on the terms.

OfficeMax shares rose 9.2 percent to $14.20 in premarket trading. Office Depot was up 10 percent at $5.52, meaning that OfficeMax was still trading below the value of the bid.

The deal, considered long overdue by many on Wall Street, will also give Office Depot and OfficeMax a chance to save hundreds of millions of dollars by closing stores, cutting advertising costs and streamlining their supply chain.

Industry experts have long hoped Office Depot would join hands with OfficeMax to take on Staples, which boosted its international business and clout with suppliers by buying Dutch rival Corporate Express in 2008.

BB&T Capital Markets analyst Anthony Chukumba said the Office Depot-OfficeMax combination would help Staples, however.

"Clearly, you can't make this deal work unless you close a bunch of stores," he said. "Store rationalization is long overdue, and Staples will clearly benefit from just having fewer stores to compete with."

Staples has 39.9 percent of the U.S. office supply market, Office Depot 19.2 percent and OfficeMax holds 15.7 percent, according to Euromonitor International.

Tribune reporter Samantha Bomkamp and Reuters contributed.

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2 teens die in Antioch crash: 'I just saw headlights spin'









Two teenagers were killed when their SUV crashed into a tree in Antioch in heavy rain, authorities said.

Joel Wittkamp, 16, and Ashley Seay, 17, were traveling west when their Chevrolet Trailblazer left the road in the 27000 block of Wilmot Road around 7 p.m. Monday, according to the Lake County sheriff's office. The SUV went through a yard before hitting the tree, the office said.

Both teens died on the scene. Joel, who was driving, was from Antioch and Ashley was from Lindenhurst, according to the Lake County coroner's office.

Authorities said they believe weather contributed to the crash. A man who lives where the crash occurred said it was raining hard when the accident occurred.

"It was pouring," said Tim Staples.

Staples said he was home when "I just saw the headlights spin ... We ran out and you could see the car was in the tree, the tree was on the car ... a mangled car I couldn't recognize."

"We checked the scene," he said. "We had flashlights and we looked inside. It didn't look promising, it looked really bad."

He said firefighters reached the scene in 7 or 8 minutes. "It took them an hour to get them out. They had to take the top of the car off."

Staples said the car hit a tree he had planted on his property 30 years ago.

Joel attended Antioch High School, officials said.

"We have counselors who are available," said Principal John Whitehurst. "Someone is following the young man’s schedule. If there were kids close to him, we are identifying who they are."

Whitehurst noted an earlier tragedy last November, when freshman Nicole Parfitt, 14, and her father were killed in a plane crash. "I know this is going to bring back some really unfortunate memories with kids intimately familiar with the incident," he said.

Ashley Seay came from a large family, with younger twin sisters and a few older siblings who have already graduated from Lakes Community High School, said Steve Plank, principal of the Lake Villa campus.

"There was a deep connection between the family, the school and community," he said.

Ashley was a cosmetology student who attended the high school until about noon, then spent her afternoons at the Lake County High Schools Technology Campus in Grayslake.

"That was a passion of hers," Plank said.

Counselors were available when classes began today, for students and staff.

"We have a number of faculty who are deeply affected by this, who have also needed support," he said. "It's kind of tough to come to school in the morning and realize there's a hole in your classroom."

At both high schools, an adult followed the schedule of Ashley and Joel, sitting in their seats for each class.

"We put an adult who is part of our human services team to sit in the seat," said Plank. "When kids show up to class and that seat is empty, it's a tough situation."

chicagobreaking@tribune.com

Twitter: @ChicagoBreaking



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