and you can see the divergence again this week, nippon missed massive industrial conglomerate and komatsu, caterpillar's big competitor missed panasonic. really not good. now, a few charts. take a look at the ewj, this is the etf that tracks the nikkei or the topex, and you can see the well-defined down tren line in effect for a year and every time it's gotten up to that trend line it's hit its head to the penny and in fact just a week or so ago. and so, one -- two more charts next one, this is a little tighter, up close and what we know is we have a double top meaning the ewj couldn't even get above its june high. then the final chart i'v drawn here we're hovering ominously right at the intermediate lows in effect so poor relative performance, diverging from the s&p, major trading companies in japan coming out with very bad earnings, and it speaks to the question of is there a global recovery >> all right mike what's the trade off the back of that >> one of the things, we take a look at some of the top constituents in ewj, some well-known names worldwide and easy to imagine some negative

. >> was he the chief justice when komatsu vs come asa was written? >> no, he was not. "i was just curious. >> he was off the court at that point. >> how do you explain about his final years? he resigned from the court as we just said in 1941 and lives the next five or six years and it dies at the age of 86. what were his final years like? >> he is very old when he goes on to the court and very old when he gets off. two years before he gets off the court he gets a real scare. it is almost like a stroke. he recovers. when he leaves the court he is fairly vigorous. what does happen, he returns to new york. his children are up there. he remains in washington, d.c. his marriage was really a close one and very wonderful. at this point, he decided he would make up for lost time. she takes still fairly quickly. i think by the end of the war she has passed away. it is a very tragic time for him. it is one of the very few times it is recorded that he has lost control of his emotions. it is so painful for him. his health continues fairly strongly until 1948. he goes up to, i beli