in 50 smart places to live

Four Utah cities were listed among "50 Smart Places to Live" by Kiplinger's Personal Finance magazine, based on their affordability and quality of life.

St. George was the highest ranked Utah city, coming in 11th. Logan was 15th, Provo 21st and Ogden 49th.

"Choosing where you live is one of the most important financial decisions you'll ever make," said Kiplinger's senior editor Robert Frick, adding that the annual scoreboard was looking for cities that were "vibrant and fun and where a dollar still goes a long way. To make the list, a city had to score well in a variety of areas, including housing prices, cost of living, economic vitality, education, health care, the local arts scene and recreation facilities."

Nashville emerged as the smartest place to live in Kiplinger's ranking, followed by Minneapolis-St. Paul, Albuquerque, Atlanta and Austin, Tex.

Kiplinger's has focused since 1947 on issues involving money management and achieving financial security.

- Mike Gorrell

Gradient says Overstock criticism was 'free speech'

Gradient Analytics Inc., an Arizona-based research company, asked a California appeals court to dismiss a lawsuit accusing it of conspiring to drive down Overstock.com Inc. shares.

Gradient, which sells research to hedge and mutual funds, said in an appeal filed Friday in San Francisco that its reports criticizing Utah-based Overstock.com were protected free speech. Overstock.com, Internet-based closeout retailer, failed to prove that the comments were published with ''actual malice,'' Gradient said.

Actual malice involves making statements knowing they were false or with reckless disregard for the truth.

''This closely watched lawsuit represents an ambitious attempt to remove from the field of free debate all frank discussion of the quality and competence of corporate management,'' Gradient said in an e-mailed statement.

Overstock's lawsuit, and a similar one filed by Canada's Biovail Corp., accuse Gradient of teaming up with hedge fund customers to issue critical reports to help the customers benefit from short trades after their shares fall. The Overstock lawsuit sparked a Securities and Exchange Commission probe.

Gradient denies wrongdoing and says Overstock is trying to silence its critics.

- Bloomberg News