HTC confirms 5-inch ‘Deluxe’ smartphone won’t launch in Europe

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Halle Berry’s ex claims he was victim in Thanksgiving brawl

LOS ANGELES (Reuters) – Halle Berry‘s ex-boyfriend Gabriel Aubry on Monday won a restraining order against the actress’s current lover, as the two men fought in the Los Angeles courts over who started their Thanksgiving Day brawl.

Releasing photos of himself with a black eye and cuts to his face, Aubry claimed that he was the victim in the November 22 punch-up with Berry’s fiancé, French actor Olivier Martinez, in the driveway of her Los Angeles house.

“I suffered numerous injuries as a result of the attack, including a fractured rib, multiple bruises on my face and a number of cuts which required stitches,” Aubry said in court papers, alleging that Martinez had threatened the day before to kill him.

“It all happened so fast and so suddenly; I did not see Mr Martinez’s actions coming and thus I was not ready for it and was not able to defend myself,” Aubry wrote.

Aubry, Martinez, and the Oscar-winning “Monster’s Ball” actress have been embroiled for months in a custody fight over Berry’s 4-year-old daughter, Nahla. Berry wants to take the daughter she had with Aubry to live with her and Martinez in France, but a Los Angeles judge denied that request earlier in November.

Aubry claimed in his request for a restraining order on Monday that Martinez told him, “You cost us $ 3 million,” while the French actor punched and kicked him on November 22.

Aubry, a Canadian model, was arrested last week for battery after the fist fight, and ordered to stay away from Berry, the child, and Martinez.

Neither man has been yet been formally charged in the case.

(Reporting by Jill Serjeant; Editing by Jackie Frank)

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Recipes for Health: Quinoa Salad With Avocado and Kalamata Olives — Recipes for Health

Andrew Scrivani for The New York Times

This is inspired by a salad I recently enjoyed in a small vegetarian restaurant called Siggy’s on Henry Street in Brooklyn Heights. They called it a quinoa Greek salad, but really the only thing that was Greek about it was the kalamata olives. No matter, it was still delicious.

3/4 cup quinoa

1 1/4 cups water

Salt to taste

1 small cucumber, cut in half lengthwise, seeded and sliced, or 1 Persian cucumber, sliced; or 1/2 cup sliced or diced celery (from the inner heart)

1/4 cup kalamata olives, pitted and halved (about 12__ olives)

1 ripe avocado, diced

1 tablespoon slivered fresh mint leaves

2 tablespoons chopped fresh parsley

1 1/2 ounces feta cheese, crumbled (1/3 cup, optional)

1 6-ounce bag mixed spring salad greens, baby spinach, arugula, or a combination

For the dressing:

1 tablespoon freshly squeezed lemon juice

1 tablespoon sherry vinegar

1 teaspoon Dijon mustard

1 small garlic clove, pureed

Salt to taste

2 tablespoons extra virgin olive oil

1/3 cup buttermilk or plain low-fat yogurt

Freshly ground pepper

1. Place the quinoa in a strainer and rinse several times with cold water. Place in a medium saucepan with 1 1/4 cups water and salt to taste. Bring to a boil, cover and simmer 15 minutes, until the grains display a thread-like spiral and the water is absorbed. Remove from the heat, remove the lid and place a dish towel over the pan, then return the lid to the pan and let sit for 10 minutes or longer undisturbed. Transfer to a salad bowl and fluff with forks. Allow to cool.

2. Add the remaining salad ingredients except the salad greens to the bowl. Whisk together the dressing ingredients. If using yogurt, thin out if desired with a tablespoon of water.

3. Just before serving toss the lettuces with 3 tablespoons of the dressing. Toss the quinoa mixture with the rest of the dressing. Line a salad bowl or platter with the greens, top with the quinoa, and serve. Or if preferred, toss together the greens and quinoa mixture before serving.

Yield: Serves 4 to 6

Advance preparation: You can assemble the salad up to a day ahead but do not toss with the dressing until shortly before serving.

Nutritional information per serving (4 servings): 340 calories; 21 grams fat; 4 grams saturated fat; 3 grams polyunsaturated fat; 13 grams monounsaturated fat; 10 milligrams cholesterol; 30 grams carbohydrates; 7 grams dietary fiber; 347 milligrams sodium (does not include salt to taste); 9 grams protein

Nutritional information per serving (6 servings): 226 calories; 14 grams fat; 3 grams saturated fat; 2 grams polyunsaturated fat; 9 grams monounsaturated fat; 7 milligrams cholesterol; 20 grams carbohydrates; 5 grams dietary fiber; 231 milligrams sodium (does not include salt to taste); 6 grams protein

Martha Rose Shulman is the author of “The Very Best of Recipes for Health.”

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Holiday sales continue to soar on Cyber Monday

Web shopping soared on Cyber Monday, continuing a strong start to the holiday season.

Online sales were up 26.6 percent from last year by Monday evening, according to IBM Digital Analytics Benchmark, which tracks data from 500 retail sites. ComScore meanwhile, expected online sales to hit a record of about $1.5 billion by day's end.

Cyber Monday has become the biggest online shopping day in recent years as employees head back to the office but continue to cybershop for holiday gifts. The growth of smartphones and tablets has only increased that ability, an opportunity Web retailers have been eager to exploit.

This year, retailers aggressively pushed "Pre-Black Friday" promotions and flooded consumers with emails touting good deals in the days before Thanksgiving. As a result, the big shopping days of Thanksgiving, Black Friday and Cyber Monday have blurred into a sale-laden week.

Some retail analysts had worried that strong online sales growth on Thanksgiving Day and Black Friday would entice shoppers to buy earlier, threatening revenue later in the season.

"So far, that is not the case," said Jay Henderson, the strategy director for IBM Smarter Commerce. "Extending the shopping season has really just fueled additional online spending rather than cannibalizing days later in the season."

Sales across Amazon.com, the largest online retailer, had risen 52 percent from the previous year by midmorning Monday, according to ChannelAdvisor, which offers services to third-party sellers on e-commerce sites. Meanwhile, eBay sales volume increased 57 percent, the firm said.

The average online order size on Cyber Monday was $130.30. That was down from almost $200 during the whole of Cyber Monday last year, according to IBM.

But Monday's discounts on the websites of bricks -and-mortar retailers weren't necessarily as broad or as deep as consumers could find if they shopped in the days before, according to Michael Brim, founder of deal site BFAds.net. "We're not seeing across the board the lowest prices like we do on Black Friday or Thanksgiving," he said. "It's better than the average weekly sales, but it's not on the level of Black Friday … yet," he said.

Most retailers — about 97 percent — were expected to offer Cyber Monday deals this year, up from 90 percent last year, according to the National Retail Federation. That means good deals were there for the finding on sites that might not normally have sales, Brim said.

Laptops and apparel at specialty sites were popular items Monday, Brim said.

Amazon offered $30 off its 7-inch Kindle Fire tablet, which usually sells for $159. The deal was available only on Cyber Monday.

Hoffman Estates-based retailer Sears said it found that a number of its shoppers opted to buy online and pick up merchandise in the store, according to spokesman Tom Aiello, who declined to say whether online traffic increased Monday. Shoppers want "to save on shipping, or they want to touch it — and get it the same day and make sure they've got that gift in their hands," he said.

Tribune news services contributed.

crshropshire@tribune.com

Twitter @corilyns

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Pfleger points police to suspect in fatal stabbing

During an argument with his wife Wednesday, Demetrius Jackson allegedly stabbed to death a 55-year-old man who intervened, then called St. Sabina Catholic Church to pray with the Rev. Michael Pfleger.

Shortly after a Cook County judge ordered Jackson, 32, held without bond on Sunday on a charge of first-degree murder, Pfleger, reached by phone, recounted the conversation he had with Jackson on Friday, a day before he turned himself in.

"He told me the guy who he allegedly stabbed is his best friend," Pfleger said. "He said (the victim) punched him in the face. He told me he just reacted. He asked me to pray with him, and I prayed with him."

Jackson, who lives in Chicago's Roseland neighborhood, hung his head in Cook County Bond Court as a judge said he faced a murder charge in the death of William Terry of the 10300 block of South Forest Avenue.

Jackson and his wife were arguing in their home, also in the 10300 block of South Forest, Wednesday night when he allegedly grabbed a knife and threatened to kill her, prosecutors said. The wife fled to Terry's home and called 911, prosecutors said.

Before police arrived, Jackson's wife and Terry decided to walk back to Jackson's home. Still holding a knife, Jackson confronted the two outside and continued to berate his wife, authorities said. Terry stepped between them, "trying to calm" the defendant, Assistant State's Attorney Brad Dickey said. Terry fell to the ground, and Jackson leapt on top of him, stabbing him multiple times in front of several witnesses, authorities said.

"Terry was able to stagger to his home," Dickey said. Gasping for breath, he collapsed on his front porch. He was taken to Advocate Christ Medical Center in Oak Lawn shortly after 8 p.m. and pronounced dead, according to police. Other county officials said Terry lived in Riverdale.

Jackson, who appears to have no criminal record, worked with St. Sabina on the Safe Passage project, public defender Stephen Herczeg said. A Chicago Public Schools program, Safe Passage employs community members to help improve safety by standing guard along the routes children travel to schools.

When the two spoke, Pfleger encouraged Jackson to turn himself in to police.

"I told him, 'I'm not a court or a lawyer or a judge,'" Pfleger said. "I told him I wouldn't judge him. I just encouraged him to turn himself in and not run. A lot of times, people are afraid to go to the police directly. I said I would try to set it up."

When Jackson agreed, Pfleger said he called police at the Gresham District, telling them of Jackson's intentions.

As promised, Jackson showed up at a police station Friday morning and gave a video-taped confession, according to court documents.

"Thank God it worked," said Pfleger. "It's very sad. I feel bad about the man who got killed, too. It's a loss of two lives."

efmeyer@tribune.com

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Betfair pulls out of Greece over permits row

LONDON (Reuters) – Online gambling exchange Betfair said it would withdraw from the Greek market until there was greater clarity on gaming regulation in the country.

Betfair, which has not yet applied for a permit to operate in Greece, questioned the cost and conditions attached to permits required by gaming firms to trade in the country.

“According to legal advice received, the value of these permits is unclear and we consider the gambling legislation in the country to be inconsistent with European law,” Betfair said on Monday.

“The associated fiscal conditions attached to these permits, which may include payment of taxes on historical revenues, make the market economically unattractive.”

Earlier this month the Greek Gaming Commission said gambling firms operating in Greece without a permit would face financial penalties and criminal sanctions.

Betfair said it believes there are “significant issues with the legality of this decision” by the Greek Gaming Commission.

It added that it was disappointed the European Commission had not moved to prevent what Betfair calls “protectionist behavior.”

Earlier this month Betfair, which launched 12 years ago and operates an exchange system that allows gamblers to bet against each other rather than the bookmaker, withdrew its online sports betting exchange in Germany because of a tax levied on stakes on sports events from July 2012.

The European Commission last month said it was not proposing EU-wide legislation to regulate online gambling.

Prior to Betfair’s decision to withdraw from the market, it had been expected to generate 13 million pounds ($ 20.81 million) of revenue from the Greek market in the current financial year.

($ 1 = 0.6246 British pounds)

(Reporting by Rhys Jones; editing by James Davey)

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Jose Luis Borau, Spanish Filmmaker, dies at 83

LOS ANGELES (TheWrap.com) – Influential Spanish filmmaker Jose Luis Borau died Friday in Madrid, the Spanish Academy of Cinematographic Arts and Sciences said. He was 83.

Borau had reportedly been suffering from throat cancer.

Though Borau, who was born in Zaragoza in 1929, only made a handful of films since his 1960 directorial debut “En el Rio,” his talents were widely respected, and he received a Goya award for Best Director in 2000 for his final film, “Leo.”

Borau was also a screenwriter and producer, and acted in some of his films. According to the Academy, his other pursuits included editing the first published biography of director-producer Samuel Bronston and short-story writing. He also “dabbled in advertising,” the Academy said.

Borau was probably best known for his 1975 drama “Furtivos” (“Poachers”), a film whose success, he later said, made him “a little sad.”

“Nobody is bitter sweet, but I’m a little sad,” the filmmaker once said. “My scale is a bit like what happened to Orson Welles, who made great films after ‘Citizen Kane,’ but just remember that title. “

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Agency Investigates Deaths and Injuries Associated With Bed Rails

Thomas Patterson for The New York Times

Gloria Black’s mother died in her bed at a care facility.

In November 2006, when Clara Marshall began suffering from the effects of dementia, her family moved her into the Waterford at Fairway Village, an assisted living home in Vancouver, Wash. The facility offered round-the-clock care for Ms. Marshall, who had wandered away from home several times. Her husband Dan, 80 years old at the time, felt he could no longer care for her alone.

Thomas Patterson for The New York Times

Gloria Black, visiting her mother’s grave in Portland, Ore. She has documented hundreds of deaths associated with bed rails and said families should be informed of their possible risks.

But just five months into her stay, Ms. Marshall, 81, was found dead in her room apparently strangled after getting her neck caught in side rails used to prevent her from rolling out of bed.

After Ms. Marshall’s death, her daughter Gloria Black, who lives in Portland, Ore., began writing to the Consumer Product Safety Commission and the Food and Drug Administration. What she discovered was that both agencies had known for more than a decade about deaths from bed rails but had done little to crack down on the companies that make them. Ms. Black conducted her own research and exchanged letters with local and state officials. Finally, a letter she wrote in 2010 to the federal consumer safety commission helped prompt a review of bed rail deaths.

Ms. Black applauds the decision to study the issue. “But I wish it was done years ago,” she said. “Maybe my mother would still be alive.” Now the government is studying a problem it has known about for years.

Data compiled by the consumer agency from death certificates and hospital emergency room visits from 2003 through May 2012 shows that 150 mostly older adults died after they became trapped in bed rails. Over nearly the same time period, 36,000 mostly older adults — about 4,000 a year — were treated in emergency rooms with bed rail injuries. Officials at the F.D.A. and the commission said the data probably understated the problem since bed rails are not always listed as a cause of death by nursing homes and coroners, or as a cause of injury by emergency room doctors.

Experts who have studied the deaths say they are avoidable. While the F.D.A. issued safety warnings about the devices in 1995, it shied away from requiring manufacturers to put safety labels on them because of industry resistance and because the mood in Congress then was for less regulation. Instead only “voluntary guidelines” were adopted in 2006.

More warnings are needed, experts say, but there is a technical question over which regulator is responsible for some bed rails. Are they medical devices under the purview of the F.D.A., or are they consumer products regulated by the commission?

“This is an entirely preventable problem,” said Dr. Steven Miles, a professor at the Center for Bioethics at the University of Minnesota, who first alerted federal regulators to deaths involving bed rails in 1995. The government at the time declined to recall any bed rails and opted instead for a safety alert to nursing homes and home health care agencies.

Forcing the industry to improve designs and replace older models could have potentially cost bed rail makers and health care facilities hundreds of million of dollars, said Larry Kessler, a former F.D.A. official who headed its medical device office. “Quite frankly, none of the bed rails in use at that time would have passed the suggested design standards in the guidelines if we had made them mandatory,” he said. No analysis has been done to determine how much it would cost the manufacturers to reduce the hazards.

Bed rails are metal bars used on hospital beds and in home care to assist patients in pulling themselves up or helping them out of bed. They can also prevent people from rolling out of bed. But sometimes patients — particularly those suffering from Alzheimer’s — can get confused and trapped between a bed rail and a mattress, which can lead to serious injury or even death.

While the use of the devices by hospitals and nursing homes has declined as professional caregivers have grown aware of the dangers, experts say dozens of older adults continue to die each year as more rails are used in home care and many health care facilities continue to use older rail models.

Since those first warnings in 1995, about 550 bed rail-related deaths have occurred, a review by The New York Times of F.D.A. data, lawsuits, state nursing home inspection reports and interviews, found. Last year alone, the F.D.A. data shows, 27 people died.

As deaths continued after the F.D.A. warning, a working group put together in 1999 and made up of medical device makers, researchers, patient advocates and F.D.A. officials considered requiring bed rail makers to add warning labels.

But the F.D.A. decided against it after manufacturers resisted, citing legal issues. The agency said added cost to small manufacturers and difficulties of getting regulations through layers of government approval, were factors against tougher standards, according to a meeting log of the group in 2000 and interviews.

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Black Friday sales online top $1 billion for first time

SAN FRANCISCO (Reuters) - Black Friday retail sales online this year topped $1 billion for the first time ever as more consumers used the Internet do their early holiday shopping, comScore Inc said on Sunday.

Online sales jumped 26 percent on Black Friday to $1.04 billion from sales of $816 million on the corresponding day last year, according to comScore data.

Amazon.com was the most-visited retail website on Black Friday, and it also posted the highest year-over-year visitor growth rate among the top five retailers. Wal-Mart Stores Inc's website was second, followed by sites run by Best Buy Co., Target Corp. and Apple Inc, comScore noted.

Digital content and subscriptions, including e-books, digital music and video, was the fastest-growing retail category online, with sales up 29 percent versus Black Friday last year, according to comScore data.

E-commerce accounts for less than 10 percent of consumer spending in the United States. However, it is growing much faster than bricks-and-mortar retail as shoppers are lured by low prices, convenience, faster shipping and wide selection.

ShopperTrak, which counts foot traffic in physical retail stores, estimated Black Friday sales at $11.2 billion, down 1.8 percent from the same day last year.

"Online has been around 9 percent of total holiday sales, but it could breach 10 percent for the first time this season," said Scot Wingo, chief executive of ChannelAdvisor, which helps merchants sell more on websites, including Amazon.com and eBay.com.

ComScore expects online retail spending to rise 17 percent to $43.4 billion through the whole holiday season. That is above the 15 percent increase last season and ahead of the retail industry's expectation for a 4.1 percent increase in overall spending this holiday.

CYBER MONDAY OUTLOOK

It's not clear yet whether strong Black Friday sales online will weaken growth on Cyber Monday, which has been the biggest e-commerce day in the United States in recent years.

"Cyber Monday will be a big day, but not as much of a big day as it has been in the past," said Mia Shernoff, executive vice president for Chase Paymentech, a payment-processing unit of J.P. Morgan Chase & Co.. "Faster broadband Internet connections in the office used to drive this. But now many consumers have faster connections at home and smart phones and tablets - they don't have to wait."

ComScore Chairman Gian Fulgoni said Cyber Monday online sales may reach $1.5 billion this year. That would be up 20 percent from the corresponding day last year - slower year-over-year growth than Thanksgiving and Black Friday.

More than 129 million Americans plan to shop online on Cyber Monday, up from almost 123 million on the same day last year, according to a survey conducted in recent days for the National Retail Federation.

The group also expects 85 percent of retailers to have a special promotion for Cyber Monday.

Amazon, the world's largest Internet retailer, will launch Cyber Monday deals at midnight on Sunday. The company is planning a limited time Cyber Monday promotion for its 7 inch Kindle Fire tablet, offering it at $129 instead of the regular $159, a spokesman said on Sunday.

MOBILE SHOPPING GROWTH

A big source of online shopping growth this holiday season has come from increased use of smart phones, which let people buy online even when they are in physical stores, and by tablet computers, which have spurred more online shopping in the evenings, Wingo and others said.

Mobile devices accounted for 26 percent of visits to retail websites and 16 percent of purchases on Black Friday. That was up from 18.1 percent and 10.3 percent, respectively, on the same day last year, according to International Business Machines, which analyzes online traffic and transactions from 500 U.S. retailers.

More than 20 million shoppers plan to use mobile devices on Cyber Monday, up from 17.8 million a year ago, the NRF said.

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Hard-fought victory assures Irish spot in national title game

LOS ANGELES — Deliverance arrived on a crisp southern California night, welcomed in a frenzy of leaps and hugs and arms wind-milling helmets and cathartic screams. Notre Dame waited decades for this, all right, the end to the interminable search for its long-lost promise. It just needed to climb to the top of college football to find it.

The Irish will play for a national championship in January, inextricably No. 1 and 12-0 after a 22-13 victory over USC before 93,607 witnesses Saturday night at Los Angeles Memorial Coliseum, a sparkling moment of rapture in the City of Angels. Whether Notre Dame is back maybe isn't the point right now. It's that the Irish have arrived.

"We had a dream," linebacker Manti Te'o said, "and we put in the work to make sure that dream came true."

It was a grinding, imperfect but relentless effort Saturday to get there, and maybe there couldn't be any other way. Everett Golson, the redshirt freshman quarterback, cramped up but cut loose for 217 yards passing and was mistake-free. Theo Riddick, the senior tailback who was a slot receiver at this time last year, stampeded to 146 yards and a score.

And the Heisman hopeful, Te'o, picked off another pass and helped spearhead another adrenalized, fourth-quarter goal-line stand that stomped out USC's last hope and created a save-the-date for Jan. 7. There Notre Dame will play in the BCS title game, almost assuredly against the winner of the SEC, becoming the most galvanizing foil yet to that league's dominance.

"The way it's set up, only two teams can play for a national championship," Irish coach Brian Kelly said. "It feels great that you have that opportunity."

One game now, to look upon everyone else from the summit for the first time since 1988.

"Ecstatic," Irish safety Zeke Motta said. "There's no other feeling like it that I could have ever imagined. You think about the hard work and the competing that we did in the offseason, and to witness it pay off, and to be in this position we're in right now, there's no other feeling like it."

There were other, substantially less exultant feelings swirling in the same stadium tunnel a scant four years ago. Athletic director Jack Swarbrick could laugh about that Saturday night: About being pinned against a wall to discuss the downward spiral of the Charlie Weis era then, and being cornered to talk about a head-spinning revival now.

A year after that utter demolition by USC in 2008, Swarbrick made his coaching change and brought in Kelly. He brought in his program-builder. He thought it was the perfect fit. He also thought it would take longer than this.

"I gotta tell you, I always thought it was next year," Swarbrick said. "From Day 1, I thought it was next year. So it's cool. It's cool to be ahead of schedule."

In fact, maybe the only guy not taken aback was the guy responsible for it all.

"You get this far into it, and now you start to look up and go, oh, we're 11-0 — you want to finish it off," Kelly said.

"It's easy to say well, yeah, I'm surprised. But when you go in that locker room and you're around the guys I'm around, you're not surprised. What they've done, the commitment they've made, they've done everything I've asked them to do. Everything. So it doesn't surprise me anymore."

Notre Dame had USC where it wanted the Trojans early, on-heels and tested, on the spot to demonstrate any mettle or desire at the end of a season gone wrong and going nowhere. The Irish thundered to a 10-0 first-quarter lead, first scoring on a Kyle Brindza 27-yard field goal and then a Riddick 9-yard score.

If this was the last hurdle to the BCS title game, it appeared knee-high. But USC showed it could be resolute, swiftly moving to an 11-yard Robert Woods touchdown reception to reignite some drama. From there, it was field goal after field goal after field goal for both sides, a constant thrust and parry, all the way to a Brindza 33-yarder that made it a 19-10 lead entering the fourth quarter.

"We understood that it was going to be a dogfight, and that's what it was," Te'o said.

Then Notre Dame watched in glee as USC coach Lane Kiffin began exacting self-torture. First came the pre-snap timeout that might have wiped out a touchdown catch, only to watch the ensuing pass sail out of the end zone.

And after the fifth Brindza field goal created a two-score cushion with six minutes left, the pain became excruciating. A 53-yard Marqise Lee reception after a long kickoff return set up a goal-to-go situation for the Trojans. Two pass interference penalties put them on the 1-yard line. They ran once. They ran again. They ran again. Then they threw an incomplete pass.

Notre Dame had made its stand, everyone exploding off the sideline and into celebration.

"If you have followed us all year, that's how we play," Kelly said. "We come up big defensively at some time during the game. We did that again."

All that remained were 21/2 minutes to burn. Irish fans in attendance counted down the Coliseum clock, as if it was New Year's Eve.

And then the celebration began, wild and joyous, for a date decades in the making. Players bobbed and chanted in front of the fans. Te'o grabbed Kelly in the tunnel in a spontaneous embrace, telling his coach he loved him.

Notre Dame will play for a national title. A moment so many waited for, and never saw coming.

"I haven't really grasped the whole situation," Riddick said, sitting on a table in a Coliseum tunnel. "What can I say? We're going to Miami."

bchamilton@tribune.com

Twitter @ChiTribHamilton

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