WDBJ 7 news at 5 for 11/08/04

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Evolution: fact or theory?
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[VO-NAT CNN11]

A Georgia school system's decision sends the question to federal court. The story
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[Closing Animation] tonight on News 7.
[Weather-Head]
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Temperatures falling fast tonight with a hard freeze expected in most areas.

[Medical-Head]

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Also today some Virginia educators say "no child left behind" is a good idea with poor execution.
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[VO-NAT]
Parents will get a look at plans for a new James River High School that have been two years in the making.
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[ANCHOR=Shannon]
Plus we'll see the latest drug some doctors say can help people quit smoking. News 7 at 5 is next.
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[VO-NAT]

After four days of deliberations, there are signs the jury in the Scott Peterson trial may be deadlocked.
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[5-Peterson]

[ANCHOR=Shannon]
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The jurors asked the judge this morning for some clarifications that could suggest they are having a problem agreeing on a verdict.
Teri Okita has more.
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[SOT]
[IN Q=]
[SUPER=03-Redwood City, CA;]
[SUPER=01-Paula Canny/Legal Analyst;]
[SUPER=01-Jim Hammer/Legal Analyst; ]
[SUPER=01-Teri Okita/CBS News;]
[SUPER=01-Chuck Smith/Legal Analyst;]
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[OUT Q=CBS News, RWC California.]

((TRACK: AFTER THREE DAYS OF DELIBERATING, JURORS IN THE SCOTT PETERSON DOUBLE MURDER TRIAL TOLD THE JUDGE THEY MAY BE UNABLE TO REACH A VERDICT.
TRACK: THEY ASKED THE JUDGE TO RE-READ THE JURY INSTRUCTIONS NOT UNUSUAL, ACCORDING TO COURT WATCHERS, BUT ITS A SIGN, THEY SAY, JURORS ARE HAVING TROUBLE COMING TO A CONSENSUS.

(Super: Paula Canny/Legal Analyst)
SOT: (11:35:47) I think its a predictable thing thered be an impasse
because this is a very, very difficult case.
TRACK: (boat wheeled in) EARLIER, THE JURY EXAMINED PETERSONS FISHING BOAT. PROSECUTORS CONTEND HE USED IT TO DUMP THE BODY OF HIS PREGNANT WIFE, LACI, INTO THE SAN FRANCISCO BAY. THE DEFENSE TOLD THE JURY THE 14-FOOT ALUMINUM BOAT WOULD HAVE CAPSIZED IF PETERSON PUSHED A BODY OVER THE SIDE. A COUPLE OF JURORS ACTUALLY CLIMBED IN AND ROCKED IT TO SEE FOR THEMSELVES.

(Super: Jim Hammer/Legal Analyst)
SOT: (11:01:54) What happened this morning was very problematic. (BUMP
TO 11:02:02) If that is seen as an experiment, that is absolutely forbidden under California law and this case could be reversed on appeal.

(Super: Teri Okita/Reporting)
STANDUP BRIDGE: Defense attorney Mark Geragos called for a mistrial, but it was quickly denied. Then, he asked that jurors see a videotaped, defense re-enactment of a body being tossed overboard. That, too, was denied.
TRACK: AT LEAST ONE COURT ANALYST SAYS - HE BELIEVES _ THE JURY APPEARED TO BE HAVING DELIBERATION PROBLEMS AS FAR BACK AS FRIDAY.

(Super: Chuck Smith/Legal Analyst)
SOT: (7:19:06) People, perhaps, digging their heels in, saying, Im not
talking anymore. Ive simply made up my mind and thats that.
TRACK: FOR NOW, THEY WILL KEEP DELIBERATING. THE JUDGE CONTINUES TO PUSH JURORS TO KEEP AN OPEN MIND, LISTEN TO THE OTHER SIDE, AND KEEP TALKING. TERI OKITA, CBS NEWS, REDWOOD CITY, CALIFORNIA.))

[5-Iraq]

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In Iraq, the city of Fallujah is under seige as a major offensive kicks into high gear. The Bush Administration is vowing that insurgents will *not* control Iraq. Jennifer Donelan reports.
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[SOT]
[IN Q=The sights and sounds of the...]
[SUPER=01-Sec. Donald Rumsfeld/Department of Defense; :13]
[SUPER=02-Kirk Spitzer/CBS News Producer; :53]
[SUPER=01-Iyad Allawi/Interim Iraqi Prime Minister ; 1:19]
[SUPER=01-Jennifer Donelan/CBS News; 1:27]
[RUNS=1:41]
[OUT Q=Donelan, CBS NEWS]

((THE SIGHTS AND SOUNDS OF THE FIGHT FOR FALLUJA. NIGHT HAS FALLEN IN IRAQ, BUT THE ALL-OUT ASSAULT TO TAKE BACK THE REBEL-CONTROLLED CITY RAGEs ON.
Sot - Sec. Donald Rumsfeld/Department of Defense "If Iraq is to be free, one part of the country cannot remain under the rule of assasins and terrorists."
BY DAY THE FIRST OF SOME 10,000 U.S. MARINES, U.S. ARMY, AND IRAQI SOLDIERS LAUNCHED THE MASSIVE MILITARY OPERATION. BY AIR AND BY GROUND...WITH BOMBS AND WITH TANKS...THE FIRST TROOPS STORMED IN. AN ESTIMATED 3,000 INSURGENT FIGHTERS AWAITED THEIR ARRIVAL.
Sot - Unidentified U.S. Soldier "They know we're here."
TROOPS CLEARED BOOBY TRAPS AS THEY PREPARED FOR GUERRILA WARFARE INSIDE THE CITY. U.S. COMMANDERS MADE A SOMBER PREDICTION...THE STREET FIGHTING COULD BE THE HEAVIEST SINCE VIETNAM. EMBEDDED CBS NEWS PRODUCER KIRK SPITZER WAS THERE.
Sot - VOICE OF :Kirk Spitzer/CBS News producer maybe not even 100 yards from where Im standing, thick black smoke from
(audio crackle) where the marines are firing.

Nats (soldiers chanting)
IRAQ'S INTERIM PRIME MINISTER, WHO MET WITH IRAQI SOLDIERS , AUTHORIZED THE LARGE SCALE ACTION....IN AN ATTEMPT TO CLEAN UP PROBLEMS.... AHEAD OF THE COUNTRY'S FIRST NATIONAL ELECTIONS IN JANUARY.
Sot - Prime Minister Iyad Allawi "We can't allow the people to be suffering because some terrorist decides to undermine the Iraqi people."
IT'S BELIEVED THAT HALF OF FALLUJAH'S 300,000 RESIDENTS GOT OUT OF THE WAY IN TIME AND WILL LIVE IN MAKESHIFT CAMPS UNTIL THE SIEGE IS OVER. Standup - Jennifer Donelan))

[5-Arafat]

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The White House isn't saying much about what could happen in the Middle East if Yasser Arafat dies.
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The Palestinian Leader is in the intensive care unit at a military hostpial outside Paris. He's being treated for an undisclosed illness. The Bush administration considers Arafat to be an obstacle to peace in the Middle East but is staying mum about how his failing health could affect the situation.
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[SOT]
[IN Q=It's important that he gets...]
[SUPER=01-Scott McClellan/White House Spokesman;]
((SCOTT MCCLELLAN/WHITE HOUSE SPOKESMAN: IT'S IMPORTANT THAT HE GETS THE MEDICAL CARE THAT HE NEEDS. I DON'T THINKIT'S APPROPRIATE TO GET INTO MUCH DISCUSSION BEYOND THAT AT THIS POINT. OUR VIEWS, I THINK, ARE PRETTY CLEAR WHEN IT COMES TO THE MIDDLE EAST.))
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[OUT Q=comes to the Middle East.]

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Last week, President Bush told reporters that the U.S. will continue to work on creating peace in the Middle East regardless of what happens with Chairman Arafat.

[5-No-Child]

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Broken promises are leaving children behind in Virginia.
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[VO-NAT]
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That was the message from the Virginia Education Association today. The group told reporters it thinks "No Child Left Behind" is a good idea, but needs reforming.
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[SOT 23:22:45]
[IN Q=We expect all children]
((JERRY CARUTHERS/VIRGINIA EDUCATION ASSOCIATION DIRECTOR: WE EXPECT ALL CHILDREN TO LEARN AND WE EXPECT ALL CHILDREN TO LEARN. IT'S THE RATE THAT THEY CAN LEARN. IT'S NOT SOME UNFORTUNATE STANDARD THAT'S CREATED THAT DOESN'T TAKE INTO ACCOUNT THE DISABILITIES THE CHILDREN HAVE, THE RESOURCES THEY HAVE AVAILABLE TO THEM AND THE QUALITY OF THE TEACHERS IN THE CLASSROOM.))
[SUPER=01-Jerry Caruthers/Virginia Education Association Director;]
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[VO-NAT]
Caruthers says he believes Virginia should maintain high standards and quality teachers, but says the state needs more resources to be successful. The group also says "No Child Left Behind" sets unrealistic standards for students with disabilities and those not proficient in English.
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[SOT 23:19:43]
[IN Q=It is truely admirable. It is not]
((PRINCESS MOSS/VIRGINIA EDUCATION ASSOCIATION PRESIDENT: IT IS TRULY ADMIRABLE. IT IS NOT ALTOGETHER REALISTIC AND I DO, AS WELL AS THE PEOPLE THAT I REPRESENT, BELIEVE THAT ALL CHILDREN CAN LEARN, BUT WHAT WE KNOW IS THAT THEY LEARN AT DIFFERENT RATES.))
[SUPER=01-Princess Moss/Virginia Education Association President;]
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[OUT Q=learn at different rates]

[ANCHOR=Shannon]
[SS=None]
The House Committee on Education will hold a public hearing on the matter this Wednesday in Richmond.

[5-James-River]

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After 45-years, a Botetourt County High School is in need of a face-lift.
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[VO-NAT]
[SUPER=03-Buchanan]
Members of the school and the community have been working for the last two-years to get a renovation of James River High School. Currently there are more than 465-students at the school which can hold nearly 600, but officials want to prepare for growth and upgrade the gym and science labs.
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[SOT@6:01.12]
[IN Q=We feel like many area...]
((JAMIE TALBOTT, JAMES RIVER H.S. PRINCIPAL: WE FEEL LIKE MANY AREAS AND FACILITES IN OUR SCHOOL ARE OUTDATED. PRETTY MUCH NEED TO MODERNIZE THOSE FACILITIES, ESPECIALLY WHEN YOU'RE TALKING ABOUT SCIENCE LABS, THE LIBRARY AND SOME ADDITIONAL CLASSROOM SPACE IS NEEDED.))
[SUPER=01-Jamie Talbott/James River H.S. Principal]
[RUNS=:16]
[OUT Q=... space is needed.]
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[VO-NAT]
Plans for the future renovations will be shown tonight in the James River High School gym. The public is welcome to attend from 6:30 to 8:30. Coming up tonight on News 7 at six, we'll take you inside the classrooms and show you the areas officials say need to be refurbished, before it's too late.
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[Tease1]

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After a quick break, we'll see what a Bedford County landmark is doing to keep its place in history.
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[VO-NAT]

Plus we'll see what doctors believe could offer new hope to people who want to break the addiction of smoking.
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[5-McGreevey]

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[MINI-OPEN]

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The controversial Governor of New Jersey is preparing to leave office.
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[VO-NAT :15]
[SUPER=03-Trenton, NJ;]
Governor James E. McGreevey stunned the nation in August after disclosing that he is gay and that he'd had an affair with a male staff member. The 47-year-old governor delivered his farewell address, one week before his resignation is to become final.
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[SOT 1:04 - 1:19]
[IN Q=I have to begin...]
[SUPER=01-Gov. James McGreevey/(D) New Jersey;]
((GOV. JAMES MCGREEVEY/D-NEW JERSEY: I HAVE TO BEGIN WITH HUMILITY, BY SAYING I'M SORRY ...MADE THIS DAY NECESSARY FOR US ALL.))
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[OUT Q=this day necessary for us all.]
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[VO-NAT :08]
McGreevey has led New Jersey since 2002. He'll turn the office over to Senate President Richard Codey, a Democrat, on November 15th.
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[5-Smoking-Anti]

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[ENG#=2]

Even with products to help you stop smoking, like the nicotine patch, many smokers still find it very difficult to quit. Now, there may be help from a surprising source: anti-depression medication. Doctor Sean Kenniff has more.
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[SOT]
[IN Q=]
[SUPER=03-New York, NY; :00]
[SUPER=01-Dr. Stuart Garay/NYU Medical Center; :27]
[SUPER=01-Dr. Sean Kenniff/CBS News; :34]
[RUNS=1:38]
[OUT Q=CBS NEWS.]

((LYNDA DALESSIO (duh-less-ee-oh) SMOKED FOR 30 YEARS AND TRIED TO QUIT MANY TIMES... USING EVERY METHOD FROM COLD TURKEY TO ACCUPUNCTURE.

SOT-Lynda Dalessio/Quit Smoking)
"I would stop for a few, three or four or five months and then a crisis would come and I would be back smoking." :07
THAT'S WHEN SHE SOUGHT HELP FROM DOCTOR STUART GARAY (guh-ray). THE N-Y-U MEDICAL CENTER PULMANOLOGIST HAS HAD SUCCESS GIVING QUITTING SMOKERS A DRUG USUALLY RESERVED FOR THE DEPRESSED.

01:36 (SOT-Dr. Stuart Garay/NYU Medical Center)
"the interesting part of this drug, it works very well on patients who have no clinical history of depression. :08

(STANDUP: Dr. Sean Kenniff/CBS NEWS)
WHILE THE NICOTINE PATCH AND GUM HAVE HELPED SMOKERS QUIT, MANY END UP RETURNING TO THE HABIT. BUT NEW RESEARCH SHOWS THAT ANTI-DEPRESSANTS CAN HELP.. AND THE REASON IS A SIMPLE ONE.

(SOT-Dr. Stuart Garay/NYU Medical Center)
"it seems that the drug acts on the craving center in the brain and blocks patient's nicotine craving." :08
IN A NEW STUDY SCIENTISTS GAVE ONE GROUP OF QUITTING SMOKERS THE PATCH.... THE OTHER GOT THE PATCH AND THE ANTI-DEPRESSANT NORTIPTYLNE. THE RESULT?: SIX MONTHS LATER TWICE AS MANY IN THE ANTI-DEPRESSANT GROUP WERE STILL OFF CIGARETTES.

(nats)
DOCTOR GARAY (guh-ray) GIVES HIS PATIENTS WELLBUTRIN OR ZYBAN AND SAYS BESIDES TAKING AWAY SOME OF THE NICOTINE CRAVING THE DRUGS CAN MAKE THE CIGARETTES TASTE VERY BAD.... AND SOME PATIENTS SAY IT ALSO HELPED CALM THEM DOWN.

(SOT-Lynda Dalessio/Quit Smoking)
"it takes away the jittierness so you're a much more pleasant person to be around while your quitting." :05
THE ANTI-DEPRESSANTS WORKED FOR LYNDA..... SHE'S BEEN SMOKE FREE SINCE STARTING ON THE DRUGS SEVEN YEARS AGO.... ALLOWING HER TO FINALLY BREAK FREE OF CIGARETTES. DOCTOR SEAN KENNIFF, CBS NEWS.)

[5-Poplar-Forest]

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[ENG#=3]

At one point, Thomas Jefferson owned more than 48-hundred acres of land in central Virginia.
Now, all that's left is about 600 acres ... and preservationists hope to keep those safe from development.
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[VO-NAT]
[SUPER=03-Bedford Co.]

Poplar Forest is using a three million dollar bank loan to buy up 72 acres of prime real estate where developers had been looking to build a shopping center.
The property is adjacent to Enterprise Drive and the eastern edge of the Poplar Forest estate.
Officials say it's important to save historic land when they can.
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[SOT 15:35:23]
[IN Q=Second reason]
((LYNNE BEEBE/POPLAR FOREST: SECOND REASON THOUGH, IS THAT THIS LAND CAN ALSO PLAY A MAJOR ROLE IN THE TOURISM INFRASTRUCTURE THAT IS NEEDED FOR A MAJOR NATIONAL LANDMARK. IT MAKES IT POSSIBLE TO CREATE A SECOND, AN ADDITIONAL ENTRANCE, AN ENTRANCE FROM ENTERPRISE DRIVE.))
[SUPER=01-Lynne Beebe/Poplar Forest]
[RUNS=17]
[OUT Q=from Enterprise Drive.]
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[VO-NAT]

Fundraising to pay off the bank loan will start immediately.
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[Tease2]

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Up next on the newscast, what could be worse than turkey soda for Thanksgiving? We'll tell you after the break.
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[VO] Then a little bit later, we'll see how the stars of country music are prepaing for tomorrow's C-M-A awards.

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[COMM#2]

[5-Sodas]

[ANCHOR=Shannon]
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The company that brought us ``Turkey and Gravy Soda'' last Thanksgiving is back with all the trimmings this year.

In addition to the traditional turkey, Jones Soda is selling seasonal bottles of ``Mashed Potatoes'' soda along with other flavors such as ``Green Bean Casserole'', ``Fruitcake Soda'' and ``Cranberry'' soda.
The company says the cranberry soda isn't bad, but does admit the other flavors are turning stomachs.
Jones Soda is producing 15-thousand of its five-bottle packs of the sodas for sale in Target and other stores for about 17 dollars. Some of the proceeds benefit Toys for Tots.

[Tease#3]

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Mike Stevens is up next on the newscast,
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[VO-NAT]
with confirmation that Hokie football player Mike Imoh is having a good week.
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[S5-Imoh]

[ANCHOR=Mike]
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[ENG#=1]

Good afternoon everybody and welcome to the Monday ticker. The Hokies are off this week, but this afternoon Tech picked up its first offensive honor since joining the ACC.
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[VO-NAT]
[SUPER=03-Chapel Hill, NC/Last Saturday; :00]
Tailback Mike Imoh, who set the school's single game rushing record this past Saturday against North Carolina with 243 yards on 32 carries has been named the conference's offensive back of the week. The five-foot seven inch tailback has 294 all-purpose yards in the game.
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[talent=mike]
[graphic=bam]
UVa center Zac Yarbrough was tabbed the ACC's offensive lineman of the week and Ahmad Brooks the co-defensive lineman of the week.

[S5-BCS]

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[ENG#=None]
The Hokies and the Cavaliers continue to make strides in the Bowl Championship Series standings. The new numbers were released this afternoon.

(XXXXXXXXX)
[GO TO APRISA 1074] The top five teams in the BCS all stay the same this week, with USC, Oklahoma, Auburn, California, and Wisconsin. Virginia jumps up three spots this week to the number 11. The Hokies also continue to climb slowly. Tech is 18th this week.
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[S5-UVA]

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Virginia's seniors play their final home game Saturday against Miami. Steve Mason says the second ever meeting between the two has ACC and in-state implications.

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[IN Q=FIRST AUDIO]
[SUPER=@steve1; :00]
[SUPER=01-Dennis Haley/UVa Senior Linebacker; :26]
[SUPER=01-Al Groh/UVa Head Coach; :36]
[SUPER=03-Charlottesville/Last Saturday; :44]
[SUPER=01-Elton Brown/UVa Offensive Right Guard; :59]
[SUPER=03-Chapel Hill, NC/Miami vs. UNC; 1:15]
[SUPER=01-Zac Yarbrough/ACC Offensive Lineman of the Week; 1:30]
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[OUT Q=...NEWS 7 SPORTS."]
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Shannon will be back in just moment. [GO TO BREAK]

[5Marketwatch]

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[ENG#=1]

People cashing in their profits led to mixed markets on Wall Street today. As Marcella Palmer tells us, some also seem a little worried about interest rates.
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[SUPER=01-Marcella Palmer/CBS Marketwatch;]
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[OUT Q=News 7 at 5.]

[Stock Roll] [5-Stock-Roll]
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[5-CMA]

[ANCHOR=Shannon]
[NEWSCAST=Five]
[WRITER=tbr]
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[ENG#=2]

Country music's top stars are in Nashville for tomorrow's C-M-A awards.
Jennifer Miller gives us a preview.
(///// SOT /////)
[SOT]
[IN Q=]
[SUPER=03-Nashville, TN; :00]
[SUPER=01-Keith Urban/Best Male Vocalist Nominee; :10]
[SUPER=01-Jennifer Miller/CBS News; :17]
[RUNS=1;21]
[OUT Q=CBS News Nashville]
((Ladies and Gentleman Keith Urban.
KEITH URBAN A GRUNG STYLE AUSTRALIAN IS THIS YEARS ONLY NEW NAME ON THE LIST OF BEST MALE VOCALIST NOMINEES. HIS LATEST ALBUM JUST WENT PLATINUM AND HAS PUT HIM ON THE VERGE OF SUPER STARDOM.
KEITH URBAN/BEST MALE VOCALIST/CMA NOMINEE. I love making music I love making records and I certainly love hearing myself on the radio,
URBANS POP/ROCK UNDERTONE IS OPENING DOORS FOR OUTLAW ACTS LIKE BIG AND RICH.
THE UNPREDICTABLE DUO ARE BREAKING INDUSTRY BARRIERS INCORPORATING ROCK AND RAP

NAT SOT.. COWBOY TROY RAPPING)

SOT: BIG KENNY AND JOHN RICH (BIG AND RICH)

John Dude, weve got to put this guy on the record. Tell you have fast its moved, Cowboy Troy was selling shoes in a foot locker six months ago.
COWBOY TROY IS THE FIRST BLACK PERFORMER TO TAKE THE CMA STAGE IN YEARS.

(NATS OF GRETCHEN SINGING)
NEWCOMER GRETCHEN WILSONS CAREER HAS ALSO TAKEN OFF. HER TOUGH-GIRL HIT RED NECK WOMAN HELPED HER DEBUT ALBUM GO TRIPLE PLATINUM IN SIX MONTHS. SHE IS UP FOR FIVE AWARDS.
GRETCHEN WILSON/CMA MULTIPLE NOMINEE It is crazy!
BUT ARTISTS ARE NOT TURNING THEIR BACK ON CLASSIC COUNTRY. TUESDAY

NAT SOT..JACKSON.....

MUSIC SUPER STARS LIKE ALLAN JACKSON.... GEORGE STRAIGHT AND DOLLIE PARTON
WILL ALSO PERFORM. JENNIFER MILLER CBS NEWS, NASHVILLE.)

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