Buffett, Brazil's 3G team up for $23 billion Heinz buyout


(Reuters) - Warren Buffett and Brazilian financier Jorge Paulo Lemann are teaming up to buy ketchup maker H.J. Heinz Co for $23.2 billion, in what could be the first step of a wave of mergers for the food and beverage industry.


Analysts and people close to the deal said Heinz could be a good starting point to consolidate similar staple food companies, particularly given the larger ambitions of Lemann's private equity firm 3G Capital.


Including debt assumption, Heinz valued the transaction, which it called the largest in its industry's history, at $28 billion. Buffett's Berkshire Hathaway and 3G will pay $72.50 per share, a 19 percent premium to the stock's previous all-time high.


Heinz shares initially rose slightly above the offer price, although Buffett cautioned he had no intention of raising his bid and the stock fell back below that mark by midday. The stock has been on a tear, almost doubling over the last four years, though analysts said the price seemed fair.


They also said the deal could be the first step in a broader wave of mergers for the food and beverage industry.


"Maybe for the consumer staples group in general this may start some talk about consolidation. Even corporate entities are flush with cash, interest rates are low, it would seemingly make sense," Edward Jones analyst Jack Russo said.


Companies like General Mills and Campbell Soup - itself long seen as a potential Heinz merge partner - rose on the news.


Any acquisition could help Heinz further diversify and broaden its international profile. It already dominates the ketchup business, with a nearly 26 percent share of the global market and a 59 percent share domestically, according to Euromonitor International.


The company actually generates the largest portion of its sales in Europe, though its traditional North American consumer products business is the most profitable.


But its real growth engine has been the Asia/Pacific region, where sales increased nearly 11 percent in the last fiscal year, in part on demand for sauces and infant foods in China.


BUFFETT HUNTING GROWTH


The surprise purchase satisfies, at least in part, Buffett's hunt for growth through acquisition. He was frustrated in 2012 by the collapse of at least two unnamed deals in excess of $20 billion and said he might have to do a $30 billion deal this year to help fuel Berkshire's growth engine.


In a regulatory filing late on Thursday, Berkshire said it was providing $12.12 billion in equity, including common stock, warrants and preferred shares with a liquidation preference of $8 billion and a 9 percent dividend.


Barclays Capital's Jay Gelb the deal's valuation appeared high at 19 times Heinz's expected 2014 earnings per share, but that it would enhance Berkshire's consumer portfolio.


Berkshire Hathaway already has a variety of food assets, including Dairy Queen ice cream chain, chocolatier See's Candies and food distributor McLane. Buffett, famed for a love of cheeseburgers, joked he was well acquainted with Heinz's products already and that this was "my kind of deal."


It does represent an unusual teaming of Berkshire with private equity, though; historically, Buffett's purchases have been outright his own. He and 3G founder Jorge Paulo Lemann have known each other for years, and Buffett said Lemann approached him with the Heinz idea in December.


One Berkshire investor said he had mixed feelings about the deal because of the limited growth prospects domestically.


"We're a little hesitant on the staple companies because they don't have any leverage in the United States," said Bill Smead, chief investment officer of Smead Capital Management in Seattle. But at the same time, he said, Buffett was likely willing to accept a bond-like steady return even if it was not necessarily a "home run."


A second investor, Michael Yoshikami of Destination Wealth Management in Walnut Creek, California, said he liked the purchase because it provided cash flow for other deals.


"This is a better use of cash than current money market instruments," said Yoshikami, the firm's CEO and chairman of its investment committee.


3G EXPANDS


For 3G, a little-known firm with Brazilian roots, the purchase is something of a natural complement to its investment in fast-food chain Burger King, which it acquired in late 2010 and in which it still holds a major stake.


Historically, 3G was more of an investor than an acquirer. Its biggest shareholdings include Delphi Automotive, Newell Rubbermaid and Anadarko Petroleum.


Lemann, a globe-trotting financier with Swiss roots, made his money in banking and gained notoriety for helping to pull together the deals that ultimately formed the beer brewing giant AB InBev. Forbes ranks him as the world's 69th-richest billionaire, with a fortune of $12 billion.


3G's Alex Behring runs the fund out of New York. He appeared at a Pittsburgh news conference on Thursday with Heinz management to discuss the deal - and to reassure anxious local crowds that the company will remain based there and will continue to support local philanthropy.


But at the same time, Behring said it was too soon to talk about cost cuts at the company. Unlike Berkshire, which is a hands-off operator, 3G is known for aggressively controlling costs at its operations.


PITTSBURGH ROOTS


Also to be determined is whether CEO Bill Johnson would stay on. Only the fifth chairman in the company's history, Johnson is widely credited with Heinz's recent strong growth.


"I am way too young to retire," he told the news conference, adding that discussions had not yet started with 3G over the details of Heinz's future management.


The company, known for its iconic ketchup bottles, Heinz 57 sauces as well as other brands including Ore-Ida frozen potatoes, has increased net sales for the last eight fiscal years in a row.


Heinz said the transaction would be financed with cash from Berkshire and 3G, debt rollover and debt financing from J.P. Morgan and Wells Fargo. Buffett told CNBC that Berkshire and 3G would be equal equity partners.


That would imply roughly $6 billion to $7 billion of new debt needs to be raised.


Heinz shares soared 19.9 percent, or $12.02, to $72.50 on the New York Stock Exchange.


A week ago the stock hit a long-term high of $61 a share - near records it set in 1998 - having risen almost 5 percent this year and nearly 12 percent since the beginning of 2012.


The Heinz Endowments, a pillar in Pennsylvania philanthropy, said the sale of the company would have virtually no impact on their work. Heinz shares represent just over 1 percent of the endowment's $1.4 billion in holdings.


The deal is also a potential boon for new U.S. Secretary of State John Kerry, whose wife, Teresa, is the widow of H.J. Heinz Co heir John Heinz. Kerry's most recent financial disclosures from his time in the U.S. Senate show a position in Heinz shares of more than $1 million, although the precise size is unclear.


Centerview Partners and BofA Merrill Lynch were financial advisers to Heinz, with Davis Polk & Wardwell LLP the legal adviser. Moelis & Company was financial adviser to the transaction committee of Heinz's board and Wachtell, Lipton, Rosen & Katz served as its legal adviser.


Lazard served as lead financial adviser. J.P. Morgan and Wells Fargo also served as financial advisers to the investment consortium. Kirkland & Ellis LLP was legal adviser to 3G Capital, and Munger, Tolles & Olson LLP was legal adviser to Berkshire Hathaway.


(Additional reporting by Olivia Oran and IFR's Stephen Carter in New York and Drew Singer in Pittsburgh; Editing by Maureen Bavdek and Leslie Gevirtz)



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Pistorius statement disputes he committed murder


PRETORIA, South Africa (AP) — Oscar Pistorius held his head in his hands and wept openly in court Friday as prosecutors said they would pursue a charge of premeditated murder against the Paralympic superstar.


Pistorius was formally charged at Pretoria Magistrate's Court with one count of murder after his girlfriend, Reeva Steenkamp, a model and budding reality TV show contestant. The 30-year-old was shot multiple times and died at Pistorius' upmarket home early Thursday morning.


Prosecutor Gerrie Nel said Friday in court it was premeditated murder, indicating the prosecution would file that more serious charge, upgraded from murder.


The double-amputee athlete's arrest and murder charge had already left South Africa stunned after Steenkamp's death on Valentine's Day at Pistorius' house in a gated community in an eastern suburb of South Africa's capital, Pretoria.


Following the hearing, Pistorius' family and his London management company issued a statement calling into question the criminal charge the 26-year-old athlete faces.


"The alleged murder is disputed in the strongest terms," the statement read. The statement did not elaborate.


The statement also said Pistorius wanted to "send his deepest sympathies to the family of Reeva."


"He would also like to express his thanks through us today for all the messages of support he has received — but as stated our thoughts and prayers today should be for Reeva and her family — regardless of the circumstances of this terrible, terrible tragedy," the statement read.


Those who knew Pistorius, including a former girlfriend, also weighed in on social media.


Trish Taylor, mother of Pistorius' ex-girlfriend Samantha Taylor, wrote on Facebook: "I'm so glad Sammy is safe and out of the clutches of that man."


But another ex-girlfriend, Jenna Edkins, defended Pistorius in messages Friday on Twitter.


"All I am saying is let him speak, let his side be heard without jumping to conclusions," Edkins wrote. She offered "love and support" to the Pistorius family and wrote: "I have dated Oscar on and off for 5 YEARS, NOT ONCE has he EVER lifted a finger to me or made me fear for my life."


Prosecutors said Friday that they would argue the history-making Olympic athlete — the first amputee to run at the games — had planned Steenkamp's killing. It sent South Africans reeling further as their national hero, and a global role model in overcoming adversity, was set to face accusations that he intentionally gunned down his girlfriend.


South Africa's tabloid Citizen newspaper had the headline "Blade gunner?" Friday morning, playing on double-amputee athlete Pistorius' well-known nickname of "Blade Runner" because of his carbon fiber running blades.


Pistorius stood with his face in his hands as he broke down in tears on his first appearance at the Pretoria Magistrates' Court. Chief Magistrate Desmond Nasir delayed Pistorius' bail hearing until next Tuesday and Wednesday and ruled that Pistorius would be held at a police station in Pretoria until then. Police have said they oppose the granting of bail.


A solemn Pistorius entered the court wearing a gray suit and blue tie and initially appeared composed. When he broke down in tears, his brother, Carl, reached out a hand and placed it on his shoulder. Pistorius' father, Henke, was in the court and later reached over to comfort him as well.


More than 100 people packed Friday morning into Courtroom C at the Pretoria Magistrates Court, including dozens of photographers and videographers. Nasir ruled that no recordings of court proceedings would be allowed in the case.


Police said Friday investigators also conducted an autopsy on Steenkamp's body. Lt. Col. Katlego Mogale said the results of the autopsy would not be published.


Pistorius earlier left a police station, his jacket completely covering his head as he got into a police vehicle. He was holding what appeared to be a white handkerchief in one hand. He was led by officers to a police van outside the Boschkop Police Station in eastern Pretoria, where he had been questioned on Thursday and had spent the night in custody.


A policeman was also seen carrying a handgun in a plastic forensic bag outside the Boschkop station. It was believed to be the weapon used to shoot and kill Steenkamp.


Police said the victim was shot four times at Pistorius' villa in a gated community. Officers found a 9 mm pistol inside the home.


Pistorius made history at the London Olympics last year when he became the first double-amputee track athlete to compete at any games. He didn't win a medal but did make the semifinals of the 400 meters and the final of the 4X400 relay, propelling the world's best-known Paralympian to the level of an international track star and one of the world's best-known sportsmen.


But police hinted at a troubled lifestyle away from public scrutiny for the runner Thursday when they said there had previously been domestic incidents at Pistorius' home.


___


AP Sports Writer Imray reported from Johannesburg. Associated Press writer Michelle Faul in Johannesburg contributed to this report.


___


Jon Gambrell can be reached at www.twitter.com/jongambrellAP and Gerald Imray can be reached at www.twitter.com/geraldimrayap .


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What does Kim intend with nuclear test?






STORY HIGHLIGHTS


  • North Korea enjoys international community chatter about its nuclear program

  • Dates of nuclear test and rocket launch have significance, writes Joo Sung Ha

  • Joo works as a newspaper journalist and came from North Korea




Editor's note: Joo Sung Ha is a Seoul-based journalist for Donga Ilbo, a newspaper in South Korea. He graduated from North Korea's Kim Il Sung University and trained as a reservist artillery officer. He has been imprisoned in China and North Korea. This piece was submitted in Korean and has been translated.


(CNN) -- On Tuesday, the international community reacted to North Korea's third nuclear test by calling its action "provocative," while South Korea's foreign minister warned that it was a "clear threat to international peace and security."


It was what Kim Jong Un, the nation's young leader, wanted.


From the North Korean government's view, the more pressure the international community places on its nuclear testing, the better. They enjoy the chatter among the world's leaders and at the U.N. about how North Korea's nuclear program must be stopped at all cost.



Joo Sung Ha defected from North Korea and is a journalist based in Seoul.

Joo Sung Ha defected from North Korea and is a journalist based in Seoul.



On January 23, the North Korean foreign ministry notified that they intended to carry out a test. They also sent photos of Kim Jong Un holding a meeting with senior officials.


If Kim had not acted by going through with the underground blast, it would have appeared that he had succumbed to pressure from the international community. In North Korea the authority of the "king" in the dynasty system cannot be compromised.


The date of the nuclear test -- conducted on February 12 -- is also significant, as it fell just days short of the 71st birthday of Kim's late father, Kim Jong Il, on February 16. Many North Korean events are associated with symbolic dates for the Kim family. On December 12, just days before the first anniversary of Kim Jong II's death, Pyongyang launched its first rocket into orbit -- despite international uproar.










North Korea has staked its pride on these events. Saving face is more important than international sanctions, even if hundreds of thousands of ordinary North Koreans have died of hunger.


Even so, I cannot say the motivation behind North Korea's nuclear test is for Kim's pride alone. It also sends a message to its people that "Kim Jong Un leads the world."


Even with the nuclear test, the government knows that war will not arise. But to its people, it can give the impression that war is impending.


Inheriting his father's position at such a young age -- he's believed to be in his 20s -- many in North Korea may question whether Kim has the clout to lead. But through this test, Kim wanted to send a strong message domestically that he is in charge.


What happens if they do develop an effective nuclear weapon? Does North Korea intend to attack the United States? That is impossible. If North Korea attacks, it will be sent back to the Stone Ages -- the leadership in Pyongyang is well aware of that.


Does this point to an eventual attack on South Korea then? South Korea is protected by a nuclear umbrella -- meaning that the United States will protect it. In return for Seoul limiting its own nuclear weapons capability, Washington offers its protection. If North Korea attacks South Korea, it's effectively an attack on the United States.


Another major reason why North Korea is developing a nuclear capability is that its conventional military is dated and there are doubts about whether it can defend itself. While North Korea has an estimated 1.2 million soldiers, making it the third largest military behind China and United States, this is only a number.


It may be hard to believe but for almost 20 years, there have been continued food shortages in the military, to the extent that as many as 20% to 30% of the armed forces have actually disappeared -- with many deserting their post by way of a bribe to their superiors. Those that do remain in service are often involved in petty crime to get by, such as stealing from the civilian population.


North Korea requires military service for 10 years. During those years, most are discharged without even having fired 30 bullets. Without sufficient fuel for planes, airborne troops have not had much training. In 1990, I stood guard at a post in Pyongyang. The anti-aircraft weapon I used was a 1940s era model from the Soviet Union.


If war is to occur, North Korea could not stand, even for days, and it is well aware of that. But could it count on traditional ally, China, for support?


Starting from Kim Il Sung, the founder of North Korea, the North Korean regime has never fully trusted China. The message that China is a nation that could strike North Korea at the "back of the head" has been passed down over the years to Kim Jong Un, his grandson. Since North Korea cannot count on Beijing fully, it has turned to the nuclear option as a deterrent.


North Korea would not risk a pre-emptive attack on the South, but the Kim dynasty now believes it has a card to protect itself, which is its main objective. For this reason, even if millions of people starve to death in the effects of the harsh sanctions, North Korea will keep trying to develop its own nuclear capabilities.


The opinions expressed in this commentary are solely those of Joo Sung Ha.






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Exhausted passengers describe woes on disabled cruise ship








MOBILE, Alabama—





Thousands of relieved passengers poured ashore from a stinking cruise ship on Friday after five days adrift in the Gulf of Mexico with overflowing toilets and stench filled cabins.

Exhausted passengers lined the ship's decks, waving towels and flashlights, cheering and singing "Sweet Home Alabama" as tug-boats pulled the stricken Carnival Triumph into the port of Mobile, Alabama.

Some travelers kissed the ground when they walked off, others disembarked wearing the ship's white bath robes, part souvenir and part protection against a chilly night.

With only one working elevator, it took several hours to get the more than 4,200 people off the ship, Carnival said. Passengers were greeted dockside with warm food, blankets and cell phones to call family and friends.

About 100 buses waited to carry passengers on a seven-hour bus ride to Galveston, Texas, while others buses departed for shorter rides to New Orleans, as well as hotels in Mobile, before eventually flying home.

The end of the saga, documented live on U.S. cable news stations, was another public relations disaster for cruise giant Carnival Corp. Last year, its Costa Concordia luxury liner grounded off the coast of Italy, killing 32 people.

Carnival officials said the Triumph, which entered service in 1999, would be towed to a Mobile repair facility for damage assessment.

The 893-foot vessel was returning to Galveston from Cozumel, Mexico on the third day of a four-day cruise when an engine-room fire knocked out power and plumbing across most of the ship on Sunday.

Passengers described a gut-wrenching stench on parts of the ship and complained to relatives and media by cellphone that toilets and drainpipes overflowed, soaking many cabins and interior passages in raw sewage.

"The stench was awful," said Robin Chandler, a 50-year-old from Dallas who spent her birthday on the ship. "A lot of people were crying and freaking out."

Jacob Combs, an Austin, Texas-based sales executive with a healthcare and hospice company, praised the ship's crew.

"Just imagine the filth," said Combs, 30. "People were doing crazy things and going to the bathroom in sinks and showers. It was inhuman. The stewards would go in and clean it all up. They were constantly cleaning," he said.


Debbie Moyes, 32, of Phoenix told the Los Angeles Times she was awakened Sunday by a fellow passenger banging on her door, warning people to escape.

"That was one of the only points in my life I thought I might die," the mother of four said as she stood in the parking lot.

Soon after, she said some passengers panicked.

"People were hoarding food -- boxes and boxes of cereal, grabbing cake with both hands," she said.


APOLOGY FROM CARNIVAL

Facing criticism over the company's response, Carnival Cruise Lines Chief Executive Gerry Cahill boarded the ship to personally apologize to passengers.

"I know the conditions on board were very poor," he told reporters, sounding shaken in a brief media appearance before he boarded the ship. "I know it was difficult. I want to apologize for subjecting our guests to that," he said.

"We pride ourselves with providing our guests with a great vacation experience and clearly we failed in this particular case," Cahill added.

Operated by Carnival Cruise Lines, the flagship brand of Carnival Corp, the ship left Galveston a week ago carrying 3,143 passengers and 1,086 crew. It was supposed to return on Monday.

Some passengers said conditions deteriorated rapidly on the Triumph earlier in the week, saying people were getting sick and passengers had been told to use plastic "biohazard" bags as makeshift toilets.

"It wasn't a vacation anymore it was like survival mode. Eat what you can. Snack when you can. It was awful," said passenger Tammy Garcia.

Smoke from the engine fire was so thick that passengers on the lower decks in the rear of the ship had to be permanently evacuated and slept the rest of the voyage on the decks under sheets, passengers said.

COMPENSATION OFFER

Some passengers said they tried to pass the time playing cards and organizing Bible study groups and scavenger hunts for the children on board the ship.

Cahill has issued several apologies and Carnival, the world's largest cruise company, said passengers will be reimbursed in full plus transportation expenses, a future cruise credit equal to the amount paid for this voyage, plus a payment of $500 a person to help compensate them.

Chandler, the passenger, scoffed at the compensation offer. "There are lost wages, I've got a baby sitter at home and I had to take off work," she said.

Some passengers said conditions improved on Thursday after a generator was delivered to the ship, providing power for a grill to cook hot food. Passengers said toilets began flushing again on Thursday and the ship served steaks and lobster - a relief after a steady diet of cold sandwiches of cucumber and cheese.

Carnival Corp Chairman and CEO Micky Arison was criticized in January last year for failing to travel to Italy and take personal charge of the Costa Concordia crisis. The tragedy unleashed numerous lawsuits against his company.

He has not publicly commented on the Triumph incident.

"I think they really are trying to do the right thing, but I don't think they have been able to communicate it effectively," said Marcia Horowitz, an executive who handles crisis management at Rubenstein Associates, a New York-based PR firm.

Carnival Corp shares closed down 11 cents at $37.35 in trading on Thursday on the New York Stock Exchange.

The Triumph is a Bahamian-flagged vessel and the Bahamas Maritime Authority will be the primary agency investigating the cause of its engine room fire.

Earlier this month, Carnival repaired an electrical problem on one of the Triumph's alternators. The company said there was no evidence of any connection between the repair and the fire.

For all the passengers' grievances, they will likely find it difficult to sue the cruise operator for any damages, legal analysts said. Over the years, the cruise industry has put in place a legal structure that shields operators from big-money lawsuits.

Reuters and Molly Hennessy-Fiske, Los Angeles Times






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Meteorite hits central Russia, more than 500 people hurt


CHELYABINSK, Russia (Reuters) - More than 500 people were injured when a meteorite shot across the sky and exploded over central Russia on Friday, sending fireballs crashing to Earth, shattering windows and damaging buildings.


People heading to work in Chelyabinsk heard what sounded like an explosion, saw a bright light and then felt a shockwave according to a Reuters correspondent in the industrial city 1,500 km (950 miles) east of Moscow.


A fireball blazed across the horizon, leaving a long white trail in its wake which could be seen as far as 200 km (125 miles) away in Yekaterinburg. Car alarms went off, windows shattered and mobile phone networks were interrupted.


"I was driving to work, it was quite dark, but it suddenly became as bright as if it was day," said Viktor Prokofiev, 36, a resident of Yekaterinburg in the Urals Mountains.


"I felt like I was blinded by headlights," he said.


No fatalities were reported but President Vladimir Putin, who was due to host Finance Ministry officials from the Group of 20 nations in Moscow, and Prime Minister Dmitry Medvedev were informed.


A local ministry official said such incidents were extremely rare and Friday's events might have been linked to an asteroid the size of an Olympic swimming pool due to pass Earth at a distance of 27,520 km (17,100 miles) but this was not confirmed.


Russia's space agency Roscosmos said the meteorite was travelling at a speed of 30 km (19 miles) per second and that such events were hard to predict. The Interior Ministry said the meteorite explosion had caused a sonic boom.


Russia's Emergencies Ministry said 514 people had sought medical help, mainly for light injuries caused by flying glass, and that 112 of those were kept in hospital. Search groups were set up to look for the remains of the meteorite.


"There have never been any cases of meteorites breaking up at such a low level over Russia before," said Yuri Burenko, head of the Chelyabinsk branch of the Emergencies Ministry.


WINDOWS BREAK, FRAMES BUCKLE


Windows were shattered on Chelyabinsk's central Lenin Street and some of the frames of shop fronts buckled.


A loud noise, resembling an explosion, rang out at around 9.20 a.m. (12:20 a.m. ET). The shockwave could be felt in apartment buildings in the industrial city's center.


"I was standing at a bus stop, seeing off my girlfriend," said Andrei, a local resident who did not give his second name. "Then there was a flash and I saw a trail of smoke across the sky and felt a shockwave that smashed windows."


A wall was damaged at the Chelyabinsk Zinc Plant but a spokeswoman said there was no environmental threat.


Although such events are rare, a meteorite is thought to have devastated an area of more than 2,000 sq km (1,250 miles) in Siberia in 1908, smashing windows as far as 200 km (125 miles) from the point of impact.


The Emergencies Ministry described Friday's events as a "meteor shower in the form of fireballs" and said background radiation levels were normal. It urged residents not to panic.


Chelyabinsk city authorities urged people to stay indoors unless they needed to pick up their children from schools and kindergartens. They said what sounded like a blast had been heard at an altitude of 10,000 meters (32,800 feet).


The U.S. space agency NASA has said an asteroid known as 2012 DA14, about 46 meters in diameter, would have an encounter with Earth closer than any asteroid since scientists began routinely monitoring them about 15 years ago.


Television, weather and communications satellites fly about 500 miles higher. The moon is 14 times farther away.


(Additional reporting by Natalia Shurmina in Yekaterinburg and Gabriela Baczynska in Moscow, Writing by Alexei Anishchuk and Timothy Heritage, Editing by Michael Holden)



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Stock futures dip on Europe, Japan growth data; Cisco weighs


NEW YORK (Reuters) - Stock futures fell on Thursday in the wake of weaker-than-expected growth data from Europe and Japan and a disappointing outlook from technology bellwether Cisco Systems .


Though weakness in Europe has persisted over recent quarters, underwhelming economic growth data from the region and from Japan, which could impact global growth and U.S. corporate profits, may spur profit-taking in U.S. equities.


The French and German economies shrank more than expected in the fourth quarter of 2012, and a 0.6 percent contraction in the euro zone was the steepest for the bloc since the first quarter of 2009.


Japan's GDP shrank 0.1 percent in the fourth quarter, crushing expectations of a modest return to growth and adding weight to the new government's push for radical policy steps to revive growth.


The S&P 500 is up 6.6 percent so far this year, though a dearth of fresh incentives has kept trading thin over the past few sessions.


"We've had a real absence of news in the marketplace and any bit of information that suggests the recovery is not underway is probably being given more significance that it might have," said Rick Meckler, president of investment firm LibertyView Capital Management in Jersey City, New Jersey.


He said that following a mild climb on the S&P 500, traders were "cashing in a little bit."


Shrinking European economies translated to a 5-percent drop in revenue from the region for Cisco Systems, which reported its results Wednesday. The company's shares fell 1.6 percent in premarket trading.


S&P 500 futures fell 4 points and were below fair value, a formula that evaluates pricing by taking into account interest rates, dividends and time to expiration on the contract. Dow Jones industrial average futures fell 62 points, and Nasdaq 100 futures lost 11 points.


H.J. Heinz Co shares jumped 20 percent in premarket trading after it said that Warren Buffett's Berkshire Hathaway and 3G Capital will buy the company for $72.50 a share, or $28 billion including debt.


American Airlines and US Airways Group said they plan to merge in a deal that will form the world's biggest air carrier, with an equity valuation of about $11 billion. US Airways shares rose 1.3 percent in premarket trading.


Nvidia shares fell 1.5 percent in premarket trading after the chip maker's revenue outlook missed expectations on Wednesday, pointing to a slowing PC industry and slower production of tablets using its chips.


On the other hand, shares of the world's largest chip gear maker Applied Materials rose Wednesday after the closing bell following a better-than-expected earnings report and outlook.


Best Buy shares fell 2.8 percent in premarket trading; sources said on Wednesday the electronics retailer's founder may scrap a buyout bid and instead line up investors to take a minority position.


(Editing by Bernadette Baum)



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Olympian Pistorius charged with murder


PRETORIA, South Africa (AP) — Paralympic superstar Oscar Pistorius was charged Thursday with the murder of his girlfriend who was shot inside his home in South Africa, a stunning development in the life of a national hero known as the Blade Runner for his high-tech artificial legs.


Reeva Steenkamp, a model who spoke out on Twitter against rape and abuse of women, was shot four times in the predawn hours in the house, in a gated community in the capital, Pretoria, police said.


Hours later after undergoing police questioning, Pistorius left a police station accompanied by officers. He looked down as photographers snapped pictures, the hood on his gray workout jacket pulled up, covering most of his face. His court hearing was originally scheduled for Thursday afternoon but has been postponed until Friday to give forensic investigators time to carry out their work, said Medupe Simasiku, a spokesman for the prosecution.


South Africans were shocked at the killing. The Star newspaper printed a special afternoon edition Thursday that hawkers sold in the streets of Johannesburg, carrying the headline: "OSCAR ARRESTED: GIRLFRIEND KILLED."


While Pistorius captured the nation's attention with his Olympic dreams, police said there was a history of problems involving him.


There have "previously been incidents at the home of Mr. Oscar Pistorius," said police spokeswoman Brigadier Denise Beukes. Police in South Africa do not name suspects in crimes until they have appeared in court but Beukes said that the 26-year-old Pistorius was at his home at the time of the death of Steenkamp and "there is no other suspect involved."


"Yes, there are witnesses and there have also been interviews this morning," Beukes told reporters outside the gated complex where Pistorius lived. "We are talking about neighbors and people that heard things that happened earlier in the evening and when the shooting took place."


Pistorius' father, Henke, declined to comment when contacted by The Associated Press, only saying "we all pray for guidance and strength for Oscar and the lady's parents."


Neither Pistorius' agent Peet van Zyl nor coach Ampie Louw could be reached while Pistorius' own cellphone went straight to an answerphone service.


Pistorius' former coach, Andrea Giannini, said he hopes it was "just a tragic accident."


"No matter how bad the situation was, Oscar always stayed calm and positive," Giannini told the AP in Italy. "Whenever he was tired or nervous he was still extremely nice to people. I never saw him violent."


Gianni said he believed that Pistorius had been dating Steenkamp for "a few months."


"I know he had more than one flirt over the last year," Giannini said.


Paolo Urbani, the mayor of the Italian town of Gemona where Pistorius had a training base and prepared for the London Olympics from said he is shocked as Pistorius was "a delightful person."


"The news shocked not only me personally but also the whole of Gemona and the region," Urbani said. "It come(s) as a huge shock to everyone who knew him. I was woken up this morning by a phone call from his general manager, who called me to let me know so that I didn't find out about it from the news."


Police said that earlier reports that Steenkamp may have been mistaken for a burglar by Pistorius did not come from the police. Several local media outlets had initially reported that the shooting may have been accidental.


"It would be very premature and very irresponsible of me to say what actually has happened," Beukes said. "There have been allegations. We are not sure."


Beukes also said there had been previous incidents and "allegations of a domestic nature" at the home of the Olympic star and double-amputee runner, who is one of South Africa's and the world's most famous sportsmen and made history at the London Games last year by being the first double-amputee runner to compete at the Olympics.


"I'm not going to elaborate on it but there have been incidents (at Pistorius' home)," Beukes said.


Capacity Relations, a talent management firm, earlier named model Steenkamp as the victim of the shooting. Police spokeswoman Lt. Col. Katlego Mogale told the AP that officers received a call around 3 a.m. after the shooting.


A 9 mm pistol was recovered and a murder case opened against Pistorius.


Pistorius enjoyed target shooting with his pistol and an online advertisement featuring him for Nike read: "I am a bullet in the chamber." An article in January 2012 in The New York Times Magazine described him talking about how he pulled a pistol to search his home when his alarm went off the night before an interview. At Pistorius' suggestion, he and the journalist went to a nearby target range where they fired at targets with a 9 mm pistol. At one point, Pistorius told the writer: "If you practiced, I think you could be pretty deadly."


Asked how often he went target shooting, Pistorius replied: "Just sometimes when I can't sleep."


On Thursday, Mogale said when police arrived at Pistorius' house they found paramedics trying to revive a 30-year-old woman, who had been shot four times. Mogale, who was speaking to the AP from the scene, said the woman died at the house.


Police have still not released the name of the woman, but the publicist for Steenkamp confirmed in a statement that the model was dead.


"We can confirm that Reeva Steenkamp has passed away," Steenkamp's publicist Sarit Tomlinson said. "We are in communication with people on the scene, please wait for official statements, as there is too much speculation at this moment in time. We will provide further information as soon as we are able to provide accurate information as to what transpired.


"Our thoughts and prayers go to the Steenkamp family, who have asked to have their privacy respected during this difficult time, everyone is simply devastated. She was the kindest, sweetest human being; an angel on earth and will be sorely missed."


Tomlinson said Steenkamp, known simply as Reeva, was one of FHM's (formerly For Him Magazine) 100 Sexiest Women in the World for two years running, appeared in countless international and national advertisements and was one of the celebrity contestants on Tropika Island of Treasure, filmed in Jamaica.


On Twitter, she tweeted messages urging women to stand up against rape alongside her excitement about Valentine's Day. "What do you have up your sleeve for your love tomorrow?" she tweeted. "It should be a day of love for everyone."


Mogale and Beukes said the victim's family had not yet identified the body.


Pistorius made history in London last year when he became the first double-amputee track athlete to compete in the Olympic Games, propelling him to the status of an athletics superstar.


Having had both his legs amputated below the knee before his first birthday because of a congenital condition, he campaigned for years to be allowed to compete against able-bodied athletes. Having initially been banned because of his carbon fiber blades — which critics said gave him an unfair advantage — he was cleared by sport's highest court in 2008 and allowed to run at the top events.


He competed in the 400 meters and on South Africa's 4x400 relay team at the London Games, making history after having his selection confirmed on South Africa's team at the very last minute. He also retained his Paralympic title in the 400 meters in London.


South Africa's Sports Confederation and Olympic committee released a statement on Thursday saying they had been "inundated" with requests for comment but were not in a position to give out any details of the shooting.


"SASCOC, like the rest of the public, knows no more than what is in the public domain, which is there has been an alleged fatal shooting on the basis of a mistaken identity and an apparent assumption of a burglary," the South African Olympic committee said. "The organization is in no position to comment on the incident other than to say our deepest sympathy and condolences have been expressed to the families of all concerned."


The International Paralympic Committee also said it wouldn't comment in detail apart from offering its condolences to the victim's family.


"This is a police matter, with a formal investigation currently underway," the IPC said. "Therefore it would be inappropriate for the IPC to comment on this incident until the official police process has concluded. The IPC would like to offer its deepest sympathy and condolences to all families involved in this case."


South Africa has some of the world's highest murder rates, with nearly 50 people killed each day in the nation of 50 million. It also has high rates of rape, other assaults, robbery and carjackings.


U.N. statistics show South Africa has the second highest rate of shooting deaths in the world, second only to Colombia.


___


Imray reported from Cape Town, South Africa. Associated Press writer Michelle Faul contributed to this report from Johannesburg; AP Sports Writer Andrew Dampf in Rome contributed to this report.


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NFL ready to get Super Bowl played at Met Life






NEW YORK (AP) — The NFL says it’s ready to get the 2014 Super Bowl played at Met Life Stadium in New Jersey no matter what the weather conditions are early next February.


The NFL has contingency plans for all games, but with a winter storm hitting the Northeast just after this year’s Super Bowl in New Orleans, there are concerns about the championship game being played for the first time outdoors at a cold-weather site.






Several reports indicate the NFL has discussed changing the day of game set for Feb. 2 if weather complications arise. NFL spokesman Brian McCarthy would not offer specifics of the contingency plans, but says Wednesday “we will be prepared if we have to make adjustments.”


The date of the Super Bowl has never been changed for any reason.


However, dates, times and even sites of several regular-season games have been moved because of weather-related issues.


Weather News Headlines – Yahoo! News





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Where's Obama's foreign policy?








By Isobel Coleman, Special to CNN


February 13, 2013 -- Updated 1653 GMT (0053 HKT)









STORY HIGHLIGHTS


  • Isobel Coleman: Obama mainly addressed domestic issues: economy, immigration, energy

  • He spoke very little about and offered nothing much new on foreign policy, she says

  • Coleman: He talked about ending Afghanistan War, spoke briefly about Iran, Syria, China

  • Coleman: His reinvigorated free trade agenda seems to be the boldest move




Editor's note: Isobel Coleman is the author of "Paradise Beneath Her Feet" and a senior fellow for U.S. foreign policy at the Council on Foreign Relations in New York.


(CNN) -- President Obama's State of the Union address predictably focused on his domestic priorities.


Immigration reform, a laundry list of economic initiatives including infrastructure improvements (Fix it First), clean energy, some manufacturing innovation, a bit of educational reform and the rhetorical high point of his speech -- gun control.



Isobel Coleman

Isobel Coleman



As in years past, foreign policy made up only about 15% of the speech, but even within that usual limited attention, Tuesday night's address pointed to few new directions.



On Afghanistan -- America's longest war -- Obama expressed just a continued commitment to bringing the troops home, ending "our war" while theirs continues. On Iran, there was a single sentence reiterating the need for a diplomatic solution, which makes me think that a big diplomatic push is not likely. On North Korea, boilerplate promises to isolate the country further after its provocative nuclear test, and on Syria, a call to "keep the pressure" on the regime, which means more watching from the sidelines as the horror unfolds.


Notably, China was mentioned only twice -- once in the context of jobs, and another time with respect to clean energy. Nothing about managing what could very well be this administration's most vexing but critically important bilateral relationship.


Obama's call for a reinvigorated free trade agenda was his boldest foreign policy statement of the evening. He is right to note that free trade "supports millions of good-paying American jobs," but his pledge to pursue a "comprehensive Transatlantic Trade and Investment Partnership" -- a free trade agreement with Europe -- will run into significant opposition from organized labor, especially given ongoing weaknesses in the economy.






Without fast track negotiating authority, the prospects for such a deal are minimal. Fast track authority, which allows the president to negotiate trade deals that Congress can then only approve or disapprove but not amend, expired in 2007, and it would require quite a breakthrough for Congress to approve it again. Still, despite these challenges, an agreement is worth pursuing.


Aside from a free trade agreement with Europe, there was little else in this State of the Union that hinted at foreign policy ambition. But unpredictable events have a way of derailing America's best laid plans to stay above the fray of the world's messiest problems. Who could have predicted just a few months ago that Mali would get a mention in the State of the Union? Iraq -- not uttered once tonight -- could re-emerge as a formidable crisis; Iran, Pakistan and North Korea also have tremendous potential to erupt.


While this administration seems determined to focus inward on getting America's economic and fiscal house in order, I doubt events in the rest of the world will be so accommodating.


Follow @CNNOpinion on Twitter.


Join us at Facebook/CNNOpinion.


The opinions expressed in this commentary are solely those of Isobel Coleman











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Anxiety grows as officials consider closing 129 Chicago schools









After trimming the number of schools that could be closed to 129, Mayor Rahm Emanuel's school administration has entered the latest and what is likely to be the most intense phase so far in trying to determine which schools should be shut.

Chicago Public Schools chief Barbara Byrd-Bennett is expected to pare the preliminary list, released Wednesday, before unveiling a final one at the end of March. She said administrators will determine which schools are saved in the coming weeks amid a final round of community meetings to hear arguments from parents, teachers and community groups about why their schools should stay open.

If a hearing Wednesday night in North Lawndale was any indication, CPS still has a long way to go to gain the public's trust.

"Our schools don't need to close," Dwayne Truss, vice chairman of CPS' Austin Community Action Council, said in front of hundreds of people packed inside a church auditorium in the West Side neighborhood. "CPS is perpetrating a myth that there's a budget crisis."

CPS initially said 330 of its schools are underenrolled, the chief criterion for closing. Members of a commission assembled to gather public input on the issue told CPS officials earlier this year that closing a large number of schools would create too much upheaval. The Tribune, citing sources, said the commission indicated a far smaller number should be closed than initially feared, possibly as few as 15.

CPS then started holding its own hearings and on Wednesday, while following many of the formal recommendations made by the Commission on School Utilization, said 129 schools still fit the criteria for closing.

The new number and the latest round of hearings sets the stage for the administration to counter questions about the district's abilities to close a large number of schools and the need to do so.

For many who have already turned up to school closing meetings, this final round of hearings will be even more critical. School supporters must show how they plan to turn around academic performance and build enrollment, and also make the case for any security problems that would be created by closing their school.

"We are prepared now to move to the next level of conversation with our community and discuss a list of approximately 129 schools that still require further vetting and further conversation," Bryd-Bennett said. "We are going to take these 129 and continue to sift through these schools."

In the past, political clout has played a role in the district's final decisions. Already this year, several aldermen have spoken out on behalf of schools in their wards.

On the Near Northwest Side, for instance, the initial list of 330 underused schools included about six in the 1st Ward. Ald. Proco "Joe" Moreno helped organize local school council members, school administrators and parents to fight any closing. He also took that fight to leaders in City Hall and within CPS' bureaucracy. Nearly all of the schools in the ward were excluded from the list of 129.

"It is effort and it's organizing and not just showing up at meetings and yelling. Anybody can do that," Moreno said. "Those schools that proactively work before those meetings and explain what they are doing, what they need and that they are willing to accept new students, that's when politics works.

"My responsibility in this juncture was to focus on these schools," he said. "I had to work on the inside, with CPS and with City Hall, and with my schools on the outside."

Most of the schools on the list of 129 are on the West, South and Southwest sides, many in impoverished neighborhoods that saw significant population loss over the last decade. Largely spared were the North and Northwest sides.

In all, more than 43,000 students attend those 129 schools on the preliminary list, according to CPS records.

The area with the most schools on the list is a CPS network (the district groups its schools in 14 networks) that runs roughly from Madison Street south to 71st Street and from the lake to State Street. The preliminary list includes 24 schools in that area.

The Englewood-Gresham network has the second-largest number, 19, while the Austin-North Lawndale network where Wednesday night's meeting was held still has 16 schools on the list.

CPS critics said the preliminary list is still too large to be meaningful and that the district's promise to trim it before March 31 is only a tactic to make the final number seem reasonable.

"They started out with such a far-fetched, exaggerated list of schools, many of which are nowhere near underutilized," said Wendy Katten, co-founder of the parent group Raise Your Hand. "They might appear to be looking like they're listening, but they're not. They have not done a thorough and substantive assessment of these schools."

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