Stallone did not copy screenplay for “The Expendables”: judge






NEW YORK (Reuters) – A federal judge has reaffirmed his decision to dismiss a lawsuit accusing actor Sylvester Stallone of copying someone else’s screenplay to make his popular 2010 movie “The Expendables.”


U.S. District Judge Jed Rakoff in Manhattan on Thursday rejected claims of copyright infringement damages by Marcus Webb, who contended that the movie’s screenplay contained 20 “striking similarities” to his own “The Cordoba Caper.”






Webb claimed that both works had similar plots, and involved hired mercenaries in a Latin American country that was home to a villain dictator named General Garza.


But Rakoff said no reasonable juror could find that the works were so similar as to eliminate the possibility that Stallone crafted his screenplay on his own.


Not even the general’s name was an automatic red flag, Rakoff said, writing that “Garza” was the 34th most common Hispanic nickname in the United States.


“The court has carefully examined the entire litany of plaintiff’s proffered ‘striking similarities’ and finds none of them remotely striking or legally sufficient,” Rakoff wrote. “These are two very different screenplays built on a familiar theme: mercenaries taking on a Latin American dictator.”


Other defendants in the case included Nu Image Films, which produced the movie, and Lions Gate Entertainment Corp, which distributed the movie in the United States.


Lawyers for Webb did not immediately respond to requests for comment.


“The Expendables” was released in August 2010, and featured other older action stars like Jet Li and Arnold Schwarzenegger. A sequel, “The Expendables 2,” was released in August 2012.


In June, Rakoff decided to dismiss Webb’s case [ID:nL2E8HQA93] but did not provide his reasons until Thursday.


Stallone also starred in the “Rocky” and “Rambo” movies.


The case is Webb v. Stallone et al, U.S. District Court, Southern District of New York, No. 11-07517.


(Reporting by Jonathan Stempel; Editing by Jan Paschal)


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Recipes for Health: Spinach, Sardine and Rice Gratin


Andrew Scrivani for The New York Times


Spinach, sardine and rice gratin.







Sometimes a can of sardines comes in very handy and this dish is a great way to work more high-omega 3 fish into your diet. It is a classic Provençal gratin, traditionally made with fresh sardines but just as good made with the skinless, boneless olive-oil packed sardines I buy at Trader Joe’s. You are getting lots of calcium, Omega-3 fatty acids and iron from both the sardines and the spinach.




 


2 3.75-ounce cans boneless, skinless and boneless sardines packed in olive oil


2 pounds spinach (2 generous bunches), stemmed and washed in two changes of water or 1 pound baby spinach


1 tablespoon extra virgin olive oil


Salt and freshly ground pepper to taste


1 medium onion, finely chopped


2 to 4 garlic cloves, minced


1 teaspoon fresh thyme leaves, roughly chopped, or 1/2 teaspoon dried thyme


1 teaspoon all-purpose flour


1/2 cup low-fat milk


1 cup cooked rice (brown or white; I like to use Arborio)


1/4 cup fresh or dry bread crumbs


 


1. Preheat the oven to 425 degrees. Oil a 1 1/2 to 2-quart gratin or baking dish. Remove the sardines from the oil and separate them into fillets. Set the oil aside.


2. Wilt the spinach either by steaming or blanching. To blanch bring a large pot of water to a boil, salt generously and add the spinach. Blanch for no more than 20 seconds (do this in batches). Transfer to a bowl of cold water, drain and squeeze out excess water. If you prefer, you can wilt the spinach by steaming for about 1 minute over an inch of boiling water. Chop medium-fine.


3. Heat the olive oil (not the oil from the sardines) in the skillet over medium heat and add the onion and a pinch of salt. Cook, stirring, until tender, 5 to 8 minutes. Add a generous pinch of salt, stir in the garlic and thyme and cook, stirring, until fragrant, 30 seconds to a minute, then add the chopped wilted spinach, flour, and salt and pepper to taste. Stir together for 1 minute, until everything is blended. Add the milk and cooked rice and stir together for about 1 minute, until you no longer see liquid in the pan. Remove from the heat. Taste and adjust salt and pepper.


4. Spread half the rice and spinach in the bottom of the baking dish. Top with the sardine fillets in one layer. Drizzle a tablespoon of the oil from the cans over the sardines, then top with the remaining rice and spinach in an even layer. Sprinkle on the breadcrumbs and drizzle on another tablespoon of the oil from the sardine cans. Place in the oven and bake 15 minutes, until sizzling. Serve hot or warm.


 


Yield: Serves 4


Advance preparation: You can assemble this up to a day ahead of baking. Do not top with the breadcrumbs and oil until just before baking. Keep well covered in the refrigerator. Leftovers will keep for a few days in the refrigerator. Reheat in a moderate oven.


Nutritional information per serving: 265 calories; 11 grams fat; 2 grams saturated fat; 1 gram polyunsaturated fat; 3 grams monounsaturated fat; 10 milligrams cholesterol; 22 grams carbohydrates; 4 grams dietary fiber; 271 milligrams sodium (does not include salt to taste); 20 grams protein


 


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


 


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Toyota to pay big to settle suits









Toyota Motor Corp., moving to put years of legal problems behind it, has agreed to pay more than $1 billion to settle dozens of lawsuits relating to sudden acceleration.


The proposed deal, filed Wednesday in federal court, would be among the largest ever paid out by an automaker. It applies to numerous suits claiming economic damages caused by safety defects in the automaker's vehicles, but does not cover dozens of personal injury and wrongful-death suits that are still pending around the nation.


The suits were filed over the last three years by Toyota and Lexus owners who claimed that the value of their vehicles had been hurt by the potential for defects, including floor mats that could cause the vehicles to surge out of control.





ROAD TO RECALL: Read The Times' award winning coverage


In addition, Toyota said it is close to settling suits filed by the Orange County district attorney and a coalition of state attorneys general who had accused the automaker of deceptive business practices. The costs of those agreements would be included in a $1.1-billion charge the Japanese automaker said it will take against earnings to cover the actions.


"We concluded that turning the page on this legacy legal issue through the positive steps we are taking is in the best interests of the company, our employees, our dealers and, most of all, our customers," Christopher Reynolds, Toyota's chief counsel in the U.S., said in a statement.


Toyota's lengthy history of sudden acceleration was the subject of a series of Los Angeles Times articles in 2009, after a horrific crash outside San Diego that took the life of an off-duty California Highway Patrol officer and his family.


Under terms of the agreement, which has not yet been approved in court, Toyota would install brake override systems in numerous models and provide cash payments from a $250-million fund to owners whose vehicles cannot be modified to incorporate that safety measure.


In addition, the automaker plans to offer extended repair coverage on throttle systems in 16 million vehicles and offer cash payments from a separate $250-million fund to Toyota and Lexus owners who sold their vehicles or turned them in at the end of a lease in 2009 or 2010. The total value of the settlement could reach $1.4 billion, according to Steve Berman, the lead plaintiff attorney in the case.


The lawsuits, filed over the last several years, had been seeking class certification.


News of the agreement comes scarcely a week after Toyota agreed to pay a record $17.35-million fine to the National Highway Traffic Safety Administration for failing to report a potential floor mat defect in a Lexus SUV. Those come on top of almost $50 million in fines paid by Toyota for other violations related to sudden acceleration since 2010.


The massive settlement does not, however, put Toyota's legal woes to rest. The automaker still faces numerous injury and wrongful death claims around the country, including a group of cases that have been consolidated in federal court in Santa Ana, and other cases awaiting trial in Los Angeles County.


The first of the federal cases, involving a Utah man who was killed in a Camry that slammed into a wall in 2010, is slated for trial in mid-February.


The California cases are set to begin in April, among them a suit involving a 66-year-old Upland woman who was killed after her vehicle allegedly reached 100 miles per hour and slammed into a tree.


Edgar Heiskell III, a West Virginia attorney who has a dozen pending suits against Toyota, said he is preparing to go to trial this summer in a case that involved a Flint, Mich., woman who was killed when her 2005 Camry suddenly accelerated near her home.


"We are proceeding with absolute confidence that we can get our cases heard on the merits and that we expect to prove defects in Toyota's electronic control system," he said.


Toyota spokesman Mike Michels said the settlement would have no bearing on the personal injury cases.


"All carmakers face these kinds of suits," he said. "We'll defend those as we normally would."


The giant automaker's sudden acceleration problems first gained widespread attention after the August 2009 crash of a Lexus ES outside San Diego.


That accident set off a string of recalls, an unprecedented decision to temporarily stop sales of all Toyota vehicles and a string of investigations, including a highly unusual apology by Toyota President Akio Toyoda before a congressional committee. Eventually Toyota recalled more than 10 million vehicles worldwide and has since spent huge sums — estimated at more than $2 billion, not including Wednesday's proposed settlement — to repair both its automobiles and public image.





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A Google-a-Day Puzzle for Dec. 27











Our good friends at Google run a daily puzzle challenge and asked us to help get them out to the geeky masses. Each day’s puzzle will task your googling skills a little more, leading you to Google mastery. Each morning at 12:01 a.m. Eastern time you’ll see a new puzzle posted here.


SPOILER WARNING:
We leave the comments on so people can work together to find the answer. As such, if you want to figure it out all by yourself, DON’T READ THE COMMENTS!


Also, with the knowledge that because others may publish their answers before you do, if you want to be able to search for information without accidentally seeing the answer somewhere, you can use the Google-a-Day site’s search tool, which will automatically filter out published answers, to give you a spoiler-free experience.


And now, without further ado, we give you…


TODAY’S PUZZLE:



Note: Ad-blocking software may prevent display of the puzzle widget.




Ken is a husband and father from the San Francisco Bay Area, where he works as a civil engineer. He also wrote the NYT bestselling book "Geek Dad: Awesomely Geeky Projects for Dads and Kids to Share."

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Follow @fitzwillie and @wiredgeekdad on Twitter.



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SPOILER ALERT: Twist awaits US fans of ‘Downton’






NEW YORK (AP) — British fans of “Downton Abbey” are feeling blue after Tuesday’s conclusion of Season 3, even as the U.S. audience eagerly anticipates this third cycle on PBS’ “Masterpiece” beginning Jan. 6.


(ANY “ABBEY” DEVOTEES WHO PREFER NOT TO LEARN WHAT AWAITS THEM ARE URGED TO STOP READING RIGHT NOW.)






___


One of the stars of this wildly popular British costume drama is leaving the series after its third season. Dan Stevens had opted not to continue beyond his initial commitment, the British network ITV confirmed Wednesday.


His character, Matthew Crawley, has been written out with what ITV called an “untimely and tragic death” in the season finale. That episode will air in the U.S. in February.


Michelle Dockery will be returning in Season 4 as Matthew’s soon-to-be widow, Lady Mary.


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Creating the Ultimate Housework Workout


Robert Wright for The New York Times


Chris Ely, an English butler, and Carol Johnson, a fitness instructor at Crunch NYC, perfecting a houseworkout.







CAN housework help you live longer? A New York Times blog post by Gretchen Reynolds last month cited research linking vigorous activity, including housework, and longevity. The study, which tracked the death rates of British civil servants, was the latest in a flurry of scientific reports crediting domestic chores with health benefits like a lowered risk for breast and colon cancers. In one piquant study published in 2009, researchers found that couples who spent more hours on housework had sex more frequently (with each other) though presumably not while vacuuming. (The report did not specify.)




Intrigued by science that merged the efforts of a Martha with the results of an Arnold (a buffer buffer?), this reporter challenged a household expert and a fitness authority to create the ultimate housework workout — a houseworkout — in her East Village apartment. Perhaps she could add a few years to her own life while learning some fancy new moves for her Swiffer. Christopher Ely, once a footman at Buckingham Palace, and Brooke Astor’s longtime butler, was appointed cleaner-in-chief. Mr. Ely is a man who approaches what the professionals call household management with the range and depth of an Oxford don. Although he is working on his memoirs (he described his book as a room-by-room primer with anecdotes from his years in service), he was happy enough to put his writing aside for an afternoon. His collaborator was Carol Johnson, a dancer and fitness instructor who develops classes at Crunch NYC, including those based on Broadway musicals like “Legally Blonde” and “Rock of Ages.”


Mr. Ely arrived first, beautifully dressed in dark gray wool pants, a black suit coat and a crisp white shirt with silver cuff links. He cleans house in a white shirt? “I know how to clean it,” he countered, meaning the shirt. When Ms. Johnson appeared (in black spandex and a ruffly white chiffon blouse, which she switched out for a Crunch T-shirt), theory, method and materials were discussed.


“If you’re dreading the laundry,” Ms. Johnson said, “why not create a space where it’s actually fun to do by putting on some music?” If fitness is defined by cardio health, she added, it will be a challenge to create housework that leaves you slightly out of breath. “I’m thinking interval training,” she said. As it happens, one trend in exercise has been workouts that are inspired by real-world chores, or what Rob Morea, a high-end Manhattan trainer, described the other day as “mimicking hard labor activities.” In his NoHo studio, Mr. Morea has clients simulate the actions of construction workers hefting cement bags over their shoulders (Mr. Morea uses sand bags) or pushing a wheelbarrow or chopping wood.


Mr. Ely averred that service — extreme housekeeping — is physically demanding, with sore feet and bad knees the least of its debilitating byproducts. Mr. Ely still suffers from an injury he incurred while carrying a poodle to its mistress over icy front steps in Washington When the inevitable occurred, and Mr. Ely wiped out, he threw the dog to his employer before falling hard on his backside. And the right equipment matters: After two weeks’ employ in an Upper East Side penthouse, he was handed a pair of Reeboks by his new boss, the better to withstand the apartment’s wall-to-wall granite floors. (For cleaning, Mr. Ely wears slippers, deck shoes or socks.)


Mr. Ely, whose talents and expertise are wide-ranging (he can stock a wine cellar, do the flowers, set a silver service, iron like a maestro and clean gutters, as he did once or twice at Holly Hill, Mrs. Astor’s Westchester estate), is a minimalist when it comes to materials. He favors any simple dish detergent as a multipurpose cleaner, along with a little vinegar, for glass, and not much else. “Dish detergent is designed for cutting grease; there’s nothing better,” he said. He’s anti-ammonia, anti-bleach. He said bleach destroys fabric, particularly anything with elastic in it. “Knickers and bleach are a terrible combination,” he said. “I had a boss who thought he had skin cancer. His entire trunk had turned red and itchy.” It seems his underpants were being washed in bleach. (Collective wince.) “It’s horrible stuff.”


As for tools, he likes a cobweb cleaner — this reporter had bought Oxo’s extendable duster, which has a fluffy orange cotton duster that snaps onto a sort of wand, but Mr. Ely prefers the kind that looks like a round chimney brush. (If you live in a house, he also suggests leaving the cobwebs by the front and back doors, so the spiders can eat any mosquitoes coming or going.) Choose a mop with microfiber fronds (he suggested the O Cedar brand) because it dries quickly and doesn’t smell. And a sturdy vacuum. Also, stacks of microfiber cloths or a terry cloth towel ripped up.


But first, to stretch. Ms. Johnson took hold of this reporter’s Bona floor mop (it’s like a Swiffer, but with a reusable washcloth) and Mr. Ely followed along with an old-fashioned string mop. Though Mr. Ely has a kind of loose-limbed elegance, he is not exactly limber. He grimaced as he parroted Ms. Johnson, who used her mop as Gene Kelly did his umbrella, stretching her arms overhead, one by one, twisting from side to side, sucking in her stomach, rising up on tip toes. (Mr. Ely said his old poodle-hurling injury was kicking in.) Ms. Johnson adjusted his chin — “You’re going to hurt yourself if you keep sticking your neck out,” she warned — and Mr. Ely raised a black-socked foot napped with cat hair and chastised this reporter: “Would you look at that?” (The cat had vanished early on, but his “debris,” as Mr. Ely put it, was still very much in evidence. The reporter hung her head. Did she know that cat spit is toxic? Mr. Ely wondered.)


“We’re warming up the spine,” said Ms. Johnson. “Squeeze your abdominals.”


Mr. Ely looked worried: “I don’t think I have abdominals!”


MR. ELY’S technique is to clean a room from top to bottom. That means he begins with the cobweb cleaner, wafting it along ceiling corners, moldings, soffits and, uh, the top of the fridge (major dust harvest there). His form was pretty, like a serve by Roger Federer, if not exactly aerobic. For Mr. Ely kept stopping to lecture this reporter — on condensation; on the basic principles of heat transfer and why one needs to vacuum the refrigerator coils; on the movement of moist air in a kitchen; on floor care, which involved a long story about a Belgian monastery whose inhabitants never washed the kitchen floor; on how to dust the halogen spot lights (use a cotton cloth, not a microfiber one, and make sure the lights are off, and cool).  “I do rabbit on, don’t I?” he said. Ms. Johnson gamely hustled him along, noting that anytime you raise your arms over your head you can raise your heart rate. “What about a balance exercise?” she cajoled, executing a neat series of leg lifts. “That’s good for the butler’s booty!”


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Three Afghans killed in attack on U.S.-run base









KABUL, Afghanistan -- A suicide car bomber targeting a U.S.-operated base in eastern Afghanistan killed at least three Afghans and injured six others Wednesday, officials said.


There were no immediate reports of casualties among U.S. or North Atlantic Treaty Organization forces.


Afghan officials said the attack happened shortly after 7 a.m. near the entrance to Forward Operating Base Chapman in Khowst, a province near the border of Pakistan that is a hotbed of insurgent activity.





The bomber detonated a minivan packed with explosives when stopped by Afghan security guards at a checkpoint on a road leading to the base, said Provincial Police Chief Abdul Qayoum Baqizoy. One of the guards and two civilian drivers were killed in the blast, which also injured six other people, he said.


“It is important to note that there was not any breach of the (base) perimeter,” said Charlie Stadtlander, a spokesman for the International Security Assistance Force in Afghanistan.


In December 2009, a double-agent-turned-bomber slipped into the base and detonated a suicide vest, killing seven CIA employees in the largest single-day loss for the spy agency in three decades.


The Taliban took responsibility for Wednesday’s attack in a statement posted on its website, claiming that more than 100 “enemies” were killed. The insurgents routinely exaggerate the effects of their attacks.


The statement, attributed to spokesman Zabiullah Mujahid, identified the attacker as a resident of Khowst province named Omar.


“According to our information, every day more than 250 Afghan enemies are waiting to be searched and go into the base to serve the Americans in exchange for dollar salaries,” the statement said. “They are playing with their country, religion and honor.”


ALSO:


Hundreds of stores destroyed as raging fire guts Kabul market


Officials say Nelson Mandela will spend Christmas in the hospital


Afghan policewoman kills security advisor in Kabul headquarters


Alexandra.zavis@latimes.com


Hashmat Baktash is a Times special correspondent





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A Look Inside Tarantino's <em>Django Unchained</em> Comic Book











Django Unchained opens in theaters today, but the big screen isn’t the only way to see the newest work by Quentin Tarantino. The issue of the Django Unchained comic book mini-series from DC/Vertigo Comics is available now in comic book stores (and online), and in advance of tomorrow’s film debut, Wired has a look at the Tarantino’s introduction to the comic, along with the original character sketches by artist R.M. Guéra and a six-page preview of the first issue.


The comic is an incredibly faithful adaptation of Tarantino’s movie script – the first issue is the first few scenes of the film, almost line for line. Drawing on the director’s story, the book’s interior art comes from Guéra, who made characters that hew closely to their actor counterparts but are their own characters entirely. The artist’s Django, the slave that becomes a bounty hunter, has a more steely cowboy vibe than smooth, cool Jamie Foxx; ruthless plantation owner Calvin Candie looks even more maniacal than Leonardo DiCaprio; and Candie’s house slave Stephen looks far more jowly and grizzled on the page than Samuel L. Jackson does on screen.


“Growing up I read the adventures of Kid Colt Outlaw, TOMAHAWK, The Rawhide Kid, BAT LASH, and especially, Yang (which was basically the Kung Fu TV show done as a comic), and Gunhawks featuring Reno Jones (a Jim Brown stand-in) and Kid Cassidy (a David Cassidy stand-in), which for my money was the greatest Blaxploitation Western ever made,” Tarantino says in the first issue’s intro. “And it’s in that spirit of cinematic comics literature that I present to you Django Unchained.”


Tarantino’s version of the story hits theaters Dec. 25.






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Britain’s royal family attends Christmas services






LONDON (AP) — Britain‘s royal family is attending Christmas Day church services — with a few notable absences.


Wearing a turquoise coat and matching hat, Queen Elizabeth II arrived at St. Mary Magdelene Church on her sprawling Sandringham estate in Norfolk. She was accompanied in a Bentley by granddaughters Beatrice and Eugenie.






Her husband, Prince Philip, walked from the house to the church with other members of the royal family.


Three familiar faces were missing from the family outing. Prince William is spending the holiday with his pregnant wife Kate and his in-laws in the southern England village of Bucklebury. Prince Harry is serving with British troops in Afghanistan.


Later Tuesday, the queen will deliver her traditional, pre-recorded Christmas message, which for the first time will be broadcast in 3D.


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Recipes for Health: Penne With Mushroom Ragout and Spinach


Andrew Scrivani for The New York Times


Penne with mushroom ragout and spinach.







​Mushrooms and spinach together is always a match made in heaven. I use a mix of wild and regular white or cremini mushrooms for this, but don’t hesitate to make it if regular mushrooms are all that is available.




 


1/2 ounce (about 1/2 cup) dried porcini mushrooms


2 tablespoons extra virgin olive oil


1/2 medium onion or 2 shallots, chopped


2 garlic cloves, minced


1 pound mixed regular and wild mushrooms or 1 pound regular white or cremini mushrooms, trimmed and cut in thick slices (or torn into smaller pieces, depending on the type of mushroom)


Salt and freshly ground pepper


1/4 cup fruity red wine, such as a Côtes du Rhone or Côtes du Luberon


2 teaspoons chopped fresh thyme or a combination of thyme and rosemary


6 ounces baby spinach or 12 ounces bunch spinach (1 bunch), stemmed and thoroughly cleaned


3/4 pound penne


Freshly grated Parmesan to taste


 


1. Place the dried mushrooms in a Pyrex measuring cup and pour on 2 cups boiling water. Let soak 30 minutes, while you prepare the other ingredients. Place a strainer over a bowl, line it with cheesecloth or paper towels, and drain the mushrooms. Squeeze the mushrooms over the strainer to extract all the flavorful juices. Then rinse the mushrooms, away from the bowl with the soaking liquid, until they are free of sand. Squeeze dry and set aside. If very large, chop coarsely. Measure out 1 cup of the soaking liquid and set aside.


2. Heat the olive oil in a large, heavy, nonstick skillet over medium heat and add the onion or shallots. Cook, stirring often, until tender, about 5 minutes. Turn up the heat to medium-high and add the fresh mushrooms. Cook, stirring often, until they begin to soften and sweat, about 5 minutes. Add the garlic and salt to taste, stir together for about 30 seconds, then add the reconstituted dried mushrooms and the wine and turn the heat to high. Cook, stirring, until the liquid boils down and glazes the mushrooms. Add the herbs and the mushroom soaking liquid. Bring to a simmer, add salt to taste, and cook over medium-high heat, stirring often, until the mushrooms are thoroughly tender and fragrant. Turn off the heat, stir in some freshly ground pepper, taste and adjust salt.


3. Bring a large pot of water to a boil and salt generously. Fill a bowl with ice water. Add the spinach to the boiling water and blanch for 20 seconds only. Remove with a skimmer and transfer to the ice water, then drain and squeeze out water. Chop coarsely and add to the mushrooms. Reheat gently over low heat.


4. Bring the water back to a boil and cook the pasta al dente following the timing suggestions on the package. If there is not much broth in the pan with the mushrooms and spinach, add a ladleful of pasta water. Drain the pasta, toss with the mushrooms and spinach, add Parmesan to taste, and serve at once.


Yield: Serves 4


Advance preparation: The mushroom ragout will keep for 3 or 4 days in the refrigerator and tastes even better the day after you make it.


Nutritional information per serving: 437 calories; 9 grams fat; 1 gram saturated fat; 2 grams polyunsaturated fat; 5 grams monounsaturated fat; 0 milligrams cholesterol; 73 grams carbohydrates; 5 grams dietary fiber; 48 milligrams sodium (does not include salt to taste or Parmesan); 17 grams protein



Up Next: Spinach Gnocchi


 


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


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