text stringlengths 8 5.77M |
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Q:
custom 403 error page with spring security configured via java code
Anyone knows how to configure a customized 403 page in spring security? Looking in the web, all the results I get it's with XML configuration, and I am using Java configuration. That's my SecurityConfig:
@Configuration
@ComponentScan(value="com")
@EnableWebSecurity
@EnableGlobalMethodSecurity(prePostEnabled = true)
public class SecurityConfig extends WebSecurityConfigurerAdapter {
@Bean
@Override
public AuthenticationManager authenticationManagerBean() throws Exception {
return new CustomAuthenticationManager();
}
protected void configure(HttpSecurity http) throws Exception {
http
.csrf()
.disable()
.authorizeRequests()
.antMatchers("/resources/**", "/publico/**").permitAll()
.anyRequest().authenticated()
.and()
.formLogin()
.loginPage("/acesso/login").permitAll()
.loginProcessingUrl("/login").permitAll()
.usernameParameter("login")
.passwordParameter("senha")
.successHandler(new CustomAuthenticationSuccessHandler())
.failureHandler(new CustomAuthenticationFailureHandler())
.and()
.logout()
.logoutUrl("/logout")
.logoutSuccessUrl("/acesso/login").permitAll();
}
}
I have a custom implementation for AccessDeniedHandler too:
public class CustomAccessDeniedHandler implements AccessDeniedHandler {
@Override
public void handle(HttpServletRequest request, HttpServletResponse response, AccessDeniedException arg2) throws IOException, ServletException {
response.sendRedirect(request.getContextPath() + "/erro/no_permit");
}
}
A:
If I'm right, to personalize the page 403, you could use the model implemented by this server.
Spring Security : Customize 403 Access Denied Page
Example:
AppConfig.java
@Override
protected void configure(HttpSecurity http) throws Exception {
http
.authorizeRequests()
.antMatchers("/resources/**", "/signup").permitAll()
.anyRequest().authenticated()
.and()
.formLogin()
.loginPage("/login")
.permitAll()
.and()
.exceptionHandling().accessDeniedPage("/403")
.and()
.logout().logoutUrl("/logout").logoutSuccessUrl("/")
.and()
.rememberMe()
.and()
.csrf().disable();
}
HomeController.java
@RequestMapping("/403")
public String accessDenied() {
return "errors/403";
}
And the .html, would be a custom page with some message 403.
|
// SPDX-License-Identifier: GPL-2.0+
/*
* Driver for Realtek RTS51xx USB card reader
*
* Copyright(c) 2009 Realtek Semiconductor Corp. All rights reserved.
*
* Author:
* wwang (wei_wang@realsil.com.cn)
* No. 450, Shenhu Road, Suzhou Industry Park, Suzhou, China
*/
#if defined(CONFIG_USB_STORAGE_REALTEK) || \
defined(CONFIG_USB_STORAGE_REALTEK_MODULE)
UNUSUAL_DEV(0x0bda, 0x0138, 0x0000, 0x9999,
"Realtek",
"USB Card Reader",
USB_SC_DEVICE, USB_PR_DEVICE, init_realtek_cr, 0),
UNUSUAL_DEV(0x0bda, 0x0153, 0x0000, 0x9999,
"Realtek",
"USB Card Reader",
USB_SC_DEVICE, USB_PR_DEVICE, init_realtek_cr, 0),
UNUSUAL_DEV(0x0bda, 0x0158, 0x0000, 0x9999,
"Realtek",
"USB Card Reader",
USB_SC_DEVICE, USB_PR_DEVICE, init_realtek_cr, 0),
UNUSUAL_DEV(0x0bda, 0x0159, 0x0000, 0x9999,
"Realtek",
"USB Card Reader",
USB_SC_DEVICE, USB_PR_DEVICE, init_realtek_cr, 0),
UNUSUAL_DEV(0x0bda, 0x0177, 0x0000, 0x9999,
"Realtek",
"USB Card Reader",
USB_SC_DEVICE, USB_PR_DEVICE, init_realtek_cr, 0),
UNUSUAL_DEV(0x0bda, 0x0184, 0x0000, 0x9999,
"Realtek",
"USB Card Reader",
USB_SC_DEVICE, USB_PR_DEVICE, init_realtek_cr, 0),
#endif /* defined(CONFIG_USB_STORAGE_REALTEK) || ... */
|
Let us help you find the answers!
What is a dividend?
Modified on: Mon, 6 Jul, 2015 at 12:50 PM
A dividend (a type of corporate action**) is a payment made by a company to its shareholders, usually as a distribution of profits.
Distribution to shareholders can be in cash (usually a deposit into a shareholder account) or, if the corporation has a dividend reinvestment plan, the amount can be paid by the issue of further shares or share repurchase.
Every time a company pays a dividend, it must be officially declared by the board of directors.
Public companies usually pay dividends on a fixed schedule (generally issued half-yearly for cash dividends), but may occasionally decide to pay a one-off special dividend at any time.
Dividends are expressed as "cents per share."
NOTE:
** A dividend is a specific type of corporate action. A corporate action is an event initiated by a publicly-traded company that will affect its shareholders. Some corporate actions, such as a dividend may have a direct financial impact on the shareholders.
Other corporate actions, such as stock split, may have an indirect impact, as the increased liquidity of shares may cause the price of the stock to rise. Some corporate actions, such as name change, have no direct financial impact on the shareholders. |
Four North Queensland Toyota Cowboys contracted players and three junior contracted players have been nominated for awards at Friday night’s Queensland Rugby League Awards Night.
Pedro Gallagher Queensland Cup Rookie of the Year
Peter Hola, Northern Pride
Reuben Cotter, Mackay Cutters
Tom Gilbert, Townsville Blackhawks
Under 18s Player of the Year
Riley Price, Sunshine Coast Falcons
Hamiso Tabuai-Fidow, Townsville Blackhawks
Under 20s Player of the Year
Nathan Barrett, Townsville Blackhawks
XXXX Queensland Men’s Representative Player of the Year
Tom Gilbert, Townsville Blackhawks
Prop of the Year
Corey Jensen, Townsville Blackhawks
Lock of the Year
Tom Gilbert, Townsville Blackhawks |
Photos, videos and news!
Man who was once arrested for fighting a drag queen while dressed as a KKK member now running for mayor
For the record, Mr Corbin says the drag queen attacked him (Picture: MayorBoyd.com)
A man who was once arrested for fighting a drag queen with a tiki torch while dressed as a member of the KKK is running for mayor.
Boyd Corbin, who donned an ironic Ku Klux Klan outfit – complete with pointed hat – and grabbed a bamboo torch for a Halloween party in 2012, landed himself in court facing aggravated assault with a deadly weapon after beating up a drag queen.
The 46-year-old, who has made a name for himself since that fateful night speaking out about his perceived injustice, has now spectacularly announced he is running for mayor in Wilton Manors, Florida.
‘I’ve knocked on like 90 per cent of the doors in Wilton Manors,’ he told the New Times.
Mr Boyd’s one-issue war on the establishment has provided him with a good foundation for the race, he says (Picture: MayorBoyd.com)
‘I’ve been doing about two hours a day for the last month, three hours on weekends. I get a real good feel for what’s going on in the city. People aren’t really happy with what’s happening.’
Mr Corbin, who has long claimed the drag queen attacked him and he was just defending himself, will go on trial for his assault charge in November.
But in the meantime, he has thrown his hat into the race for mayor and claims his one-issue assault on the political establishment has provided a solid foundation for the campaign. |
Boy, there is no shortage of creatively
terrible ideas from the Republican Party these days. Those
folks are just full of notions about how to make people's
lives worse -- one horrible idea after another bursting out
like popcorn -- and all of them with these sickeningly cute
names attached to them.
Consider the Family Time and Workplace Flexibility Act (Senate
version) and the Family Time Flexibility Act (House version).
The Bush administration is leading the charge with proposed
new rules that will erode the 40- hour workweek and affect
more than 80 million workers now protected by the Fair Labor
Standards Act.
To hear the Republicans tell it, you'd think these were family-friendly
bills, something like Clinton's Family Leave Act, designed
to help you balance the difficult combined demands of work
and family. With such a smarm of butter over their visages
do the Republicans go on about the joys of "flexibility"
and "freedom of choice" that you would have to read
the bills for maybe 30 seconds before figuring out they're
about repealing the 40-hour workweek and ending overtime.
As The American Prospect magazine notes, when Republicans
talk about "flexibility," it means letting business
do whatever it wants without standards, mandates or worker
and consumer rights. Ever since FDR's New Deal, working overtime
gets you time-and-a-half in money, which has the happy effect
of holding the work week down to 40 hours -- or at least preventing
it from ballooning grossly.
The proposed Bush rules, which the two Republican bills codify
and expand, would:
Exclude previously protected workers who were entitled
to overtime by reclassifying them as managers. Companies
are already using this ploy where they can get away with
it. Say you're frying burgers on the night shift at McDonald's,
making overtime, and suddenly -- congratulations -- you're
the assistant night manager, with no raise and no overtime.
Eliminate certain middle-income workers from overtime
protections by adding an income limit, above which workers
no longer qualify for overtime. You like that? You make
too much to earn overtime.
Remove overtime protection from large numbers of workers
in aerospace, defense, health care, high tech and other
industries. Pay attention, this one is coming right out
of your paycheck.
Big Bidness is lobbying hard on these bills. If you work
overtime to pay your bills, look out. The trick is, employers
get to substitute comp time for overtime, and the employers
get the right to decide when -- or even if -- a worker gets
to take his or her comp time. The legislation provides no
meaningful protection against employers requiring workers
to take time off instead of cash and no protection against
employers assigning overtime only to workers who agree to
take time instead of cash. Everybody gets screwed on this
one, except the bosses. Isn't it lovely?
The proposed rules changes and the Republican bills provide
a strong financial incentive for employers to lengthen the
workweek, on top of an already staggering load. By 1999, in
one decade, the average work year had expanded by 184 hours,
according to Kevin Phillips' book Wealth and Democracy.
He writes, "The Bureau of Labor Statistics reports that
the typical American works 350 hours more per year than the
typical European, the equivalent of nine work weeks."
The bills give employers a new right to delay paying any
wages for overtime work for as long as 13 months. According
to an analysis by the Economic Policy Institute, under the
new bills an employee who works overtime hours in a given
week might not receive any pay or time off for that work until
more than a year later, at the employer's discretion.
"Without receiving interest or security, the employees
in essence lend their overtime pay to the employers in the
hope of getting back some time later as paid time off,"
the report states. "Employees' overtime compensation
is put at risk of loss in the event of business failure and
closure, bankruptcy or fraud. Furthermore, employees get no
guarantee of time off when they want or need it."
The EPI explains why Big Bidness loves these bills: "A
company with 200,000 FLSA-covered employees might get 160
free hours at $7 an hour from each of them (160 hours is the
maximum allowed under the bills). That's the equivalent of
$224 million that the company wouldn't have to pay its workers
for up to a year after the worker has earned it. Considering
that, under normal circumstances, the employer might have
to pay 6 percent interest for a commercial loan of this magnitude,
it could save $13 million by relying on comp time to 'borrow'
from its employees instead."
The slick marketing and smoke on this one are a wonder to
behold. We're being told that private sector workers will
get the same "benefit" of comp time as public employees.
Wow, keen, except the government has no profit motive for
pushing comp time instead of overtime. Boy, does this stink. |
This tutorial provides a tour of Poet by showing how to build a sample web application - specifically a micro-blog,
which seems to be a popular "hello world" for web frameworks.
:) Thanks to Dancer and Flask for the inspiration.
In Poet, your entire web site lives within a single directory hierarchy called the environment. It contains subdirectories for configuration, libraries, Mason components (templates), static files, etc.
From now on, every file we create in this tutorial is assumed to be under the environment root.
For any website it's a good idea to have a well-defined, object-oriented model through which you retrieve and change data. Poet and Mason don't have much to say about how you do this, so we'll make some minimal reasonable choices here and move on.
For this demo we'll represent blog articles with a single sqlite table. Create a file db/schema.sql with:
$poet is the global Poet::Environment object, providing information about the environment and its directory paths. We use it here to get the full path to our sqlite database, without having to hardcode our environment root.
More generally $poet is one of several special Poet "quick vars" that can be imported into any package, just by including it on the use Poet line. Another important one is $conf, which gives you access to configuration:
Mason is the templating engine that you'll use to render pages (the view), and is also responsible for routing URLs to specific pieces of code (the controller). So it's not surprising that most of the rest of this tutorial will focus on Mason.
Mason's basic building block is the component - a file with a mix of Perl and HTML. All components lives under the subdirectory comps; this is known in Mason parlance as the component root.
Given a URL, Mason will dispatch to a top-level component. This component decides the overall page layout, and then may call other components to fill in the details.
poet new generated a few starter components for us, but we're not going to use those, so let's clear them by running
rm -fR comps; mkdir comps
Now here's our first component to serve the home page, comps/index.mc:
Any component with a .mc extension is considered a top-level component. index.mc is a special path - it will match the URI of its directory, in this case '/'. (For more special paths and details on how Mason finds page components, see Mason::Manual::RequestDispatch.)
Most of this component contains just HTML, which will be output exactly as written. The single piece of special Mason syntax here is
10 <& all_articles.mi &>
This is a component call - it invokes another component, whose output is inserted in place.
Next we create comps/all_articles.mi. Because it has an .mi extension rather than .mc, it is an internal rather than a top-level component, and cannot be reached by an external URL. It can only be reached via a component call from another component.
shows two substitution tags. Code within <% and %> is treated as a Perl expression, and the result of the expression is output in place.
We see another component call here, article/display.mi, which displays a single article; we pass the article object in a name/value argument pair. Components can be in different directories and component paths can be relative or absolute.
The <%class> block on lines 1-4 specifies a block of Perl code to place near the top of the generated component class, outside of any methods. This is the place to use modules, declare permanent constants/variables, declare attributes with 'has', and define helper methods. Most components of any complexity will probably have a <%class> section.
On line 4 we declare a single incoming attribute, article. It is required, meaning that if all_articles.mi had forgotten to pass it, we'd get a fatal error.
Throughout this component, we refer to the article attribute via the expression
$.article
This not-quite-valid-Perl syntax is transformed behind the scenes to
$self->article
and is one of the rare cases in Mason where we create new syntax on top of Perl, because we want attributes and method calls to be as convenient as possible. The transformation itself is performed by the DollarDot plugin, which is in the default plugins list but can be omitted if the source filtering offends you. :)
Notice that comps/index.mc and comps/new_article.mc have the same outer HTML template; other pages will as well. It's going to be tedious to repeat this everywhere. And of course, we don't have to. We take the common pieces out of the comps/index.mc and comps/new_article.mc and place them into a new component called comps/Base.mc:
When any page in our hierarchy is rendered, comps/Base.mc will get control first. It will render the upper portion of the template (lines 2-7), then call the specific page component (line 8), then render the lower portion of the template (lines 9-10).
Now, we can remove everything but the inside of the <body> tag from comps/index.mc and comps/new_article.mc.
The .mp extension indicates that this is a pure-perl component. Other than the 'package' and 'use Moose' lines that are generated by Mason, it looks just like a regular Perl class. You could accomplish the same thing with a .mc component containing a single <%class> block, but this is easier and more self-documenting.
On lines 1 and 2 we declare incoming attributes. Because this is a top-level page component, the attributes will be populated with our POST parameters.
On line 4 we define a handle method to validate the POST parameters, create the article, and redirect. handle is one of the structural methods that Mason calls initially on all top-level page components; the default just renders the component's HTML as we've seen before. Defining handle is the way to take an action without rendering anything, which is perfect for form actions. (It's always better to redirect after a form action than to display content directly.)
Now, any page can place a message in the session, and it'll appear on just the next page.
On line 8, we place the POST data in the session so that we can repopulate the form with it - we'll do that in the next chapter. $.args is a special component attribute that contains all the arguments passed to the component.
On lines 3 and 10 we surround the form with a filter. A filter takes a content block as input and returns a new content block which is output in its place. In this case, the FillInForm filter uses HTML::FillInForm to fill in the form from the values in $form_data.
Mason has a few built-in filters, and others are provided in plugins; for example FillInForm is provided in the HTMLFilters plugin.
Another common filter provided by this plugin is HTMLEscape, or H for short. We ought to use this in /article/display.mi when displaying the article title, in case it has any HTML-unfriendly characters in it:
Up til now all our code has been in Mason components. Now let's say we want to create a cron script to purge blog entries older than a configurable number of days. The script, of course, will need access to the same Poet features as our components.
Run this from anywhere inside your environment:
% poet script purge_old_entries.pl
...bin/purge_old_entries.pl
Poet created a stub script for us inside bin. Let's take a look:
#!/usr/local/bin/perl
use Poet::Script qw($conf $poet);
use strict;
use warnings;
Line 2 of the script initializes the Poet environment. This means Poet does several things:
Searches upwards from the script for the environment root (as marked by the .poet_root file).
Reads and parses your configuration.
Unshifts onto @INC the lib/ subdirectory of your environment, so that you can use your application modules.
Imports the specified quick vars - in this case $conf and $poet - into the script namespace. See Poet::Import.
Poet initialization has to happen exactly once per process, before any Poet features are used. In fact, take a look at bin/run.pl -- which was generated for you initially -- and you'll see that it does 'use Poet::Script' as well. This initializes Poet for the entire web environment. |
Save Article
New Bridge to Boost
Cross-Border Development
By
Maura Webber Sadovi
Updated July 11, 2007 12:01 a.m. ET
Many middle and upper-class Mexican shoppers are already in the habit of making cross-border trips to the malls and discount stores in the McAllen, Texas, region. Lured by the promise of lower prices and greater selection than they can get at home, they pick up laptops, loafers and other items.
Now the start of construction last month on an additional bridge designed to ease congestion across the Texas-Mexico border and the Rio Grande... |
An overview of chronic severe asthma.
Most asthmatic patients with moderate to severe disease can be satisfactorily managed with a combination of inhaled corticosteroids and beta(2)-agonists. However, there are a few with persistent symptoms, impaired quality of life and excessive health-care utilization, despite this management regimen. These patients often require frequent and even occasionally regular oral corticosteroid use. Chronic, severe asthma is a heterogeneous disease and a systematic diagnostic work-up may help to guide treatment and may even provide information about prognosis. Optimal treatment of chronic severe asthma (CSA) should achieve the best possible asthma control and quality of life with the least dose of systemic corticosteroids. The choice and formulation of therapeutic agent is dictated by the severity of disease and includes conventional, immunosuppressive/immunomodulating and biologic therapies. Unfortunately, current asthma management guidelines offer little contribution to the care of the challenging patient with CSA. In this review, a diagnostic and therapeutic overview of CSA is provided for the benefit of those who have a specific interest in this problematic condition. |
Case Presentation
=================
A family case of hereditary hearing loss in two siblings of apparently non-consanguineous parents of European ancestry is presented. The evaluation protocol assessed detailed family history and medical history with focus on potential causes of acquired hearing loss (acoustic trauma, intrauterine infections, perinatal complications, meningitis, mumps, and prenatal/postnatal ototoxic drug exposure). Additionally, a complete audiological history was recorded to establish the age of the hearing loss onset, the rate of hearing loss progression and to identify other audiological symptoms. Both index patients and their parents underwent a clinical otorhinolaryngological examination, including ear microscopy, with a systematic search for syndromic hearing loss indices. A tympanogram was performed and middle-ear associated causes of hearing loss were excluded. Additionally, they underwent ophthalmological and pedo-neurological examinations. The conditional and partly conditioned classical pure tone audiogram (PTA) was recorded in speech frequencies 0.25, 0.5, 1, 2, and 4 kHz, respectively, followed by the brainstem evoked response audiometry (BERA) analysis with up to 110 dB click stimulation. The function of vestibular organs was tested with caloric stimulation by irrigation of the external ear canal with 50 cm^3^ of water at 44, 30, and 17°C, respectively. Before cochlear implant surgery (CI) the computed tomography (CT scan) of the temporal bone was performed to evaluate the anatomy of medial and inner ear. Additionally, cochleography and electrically evoked auditory brain responds (EABR) test by reversed electrical 200 μs long stimuli with intensity range from 200 μA to 1 mA, using stimulating golf electrode placed on a round window was performed. This study was carried out in accordance with the recommendations of the Declaration of Helsinki and the Slovenian national medical ethics committee. All subjects or their legal guardians gave written informed consent in accordance with the Declaration of Helsinki. The protocol was approved by the Slovenian national medical ethics committee (\#34/4/07).
First sibling (II,2; age range: 35--40 years) was admitted for the first time to an audiologist (age range: 0--5 years) due to hearing disorder and fitted with bilateral hearing aids. The caloric stimulation of both vestibular organs was negative, yet the patient did not present with any vestibular problems in recorded medical history. Interestingly, the speech was well developed, enabling education by regular educational program. The hearing above 3 kHz rapidly deteriorated, followed by relatively stable period until the adulthood (age range: 30--35 years) when only some islands of residual hearing were detected at lower frequencies. The level of hearing perception on PTA test performed at the first audiologist examination were 50, 70, 85, 100, and 100 dB for the right side and 40, 55, 70, 90, and 90 dB for left side, respectively. Later the hearing significantly worsened with PTA thresholds reaching 90, 105, 110, 115, and 120 dB at the right side and 85, 100, 110, 115, and 115 dB at the left side for stimulation at 0.25, 0.5, 1, 2, and 4 kHz frequencies, respectively (**Figure [1A](#F1){ref-type="fig"}**). The computed tomography (CT scan) of the temporal bone revealed normal medial and inner ear. Surprisingly, contrary to the older results the classical bi-thermal caloric stimulation with water at 30 and 44°C at adulthood (age range: 30--35 years) revealed symmetrical, good responses. The cochleography measurements were negative where EABR showed responses at stimulation with 1 mA on the right side. Consequently, the patient received CI on the right side and after the CI surgery, the PTA of implanted side reached between 25 and 35 dB across tested frequencies.
{#F1}
Due to a family history of hearing loss the second patient (II,1; age range: 35--40 years; a sibling to the index patient) was sent to an audiologist soon after birth (age range: 0--1 year). Comparatively, the PTA test in the childhood (age range: 0--5 years) revealed the hearing thresholds at 50, 70, 90, 100, and 100 dB for the right ear and 50, 65, 80, 90, and 110 dB on the left side at 0.25, 0.5, 1, 2, and 4 kHz frequency range, respectively. The hearing progressively deteriorated in the adulthood (age range: 25--30 years) the PTA thresholds dropped to 85, 100, 110, 115, and 120 dB for the right side and 85, 95, 120, 120, and 120 dB for the left side at 0.25, 0.5, 1, 2, and 4 kHz frequency range, respectively (**Figure [1B](#F1){ref-type="fig"}**). The BERA potentials were not detected even at stimulation with 110 dB click. On the other hand, the response of vestibular organs to caloric stimulation was well detected and symmetrical. The patient was fitted with bilateral hearing aids at the first year of age. The speech development was not hindered and the second patient completed regular educational program. The hearing further deteriorated to the level where no benefit from conventional hearing aids was detected (age range:25--30 years). The CT scan of temporal bones was normal. The cochleography measurements were negative where the EABR showed responses at stimulation with 300 μA on the right side and at 400 μA on the left side. After CI (age range: 25--30 years) the PTA on implanted side detected the hearing level of 30 dB through the whole frequency range.
No syndromic hearing loss indices or middle-ear related causes of hearing loss were identified in both patients. Air-bone gap did not exceed 5 dB. Additionally, both parents had normal hearing and all possible known external causes of hearing loss were excluded in both siblings.
Whole blood EDTA samples were collected for isolation of genomic DNA according to established laboratory protocols with FlexiGene DNA isolation kit (Qiagen, Hilden, Germany) ([@B9]), to identify the underlying genetic cause of hearing loss in both siblings. Testing for the most common genetic causes of hearing loss in the population of origin -- the GJB2 and TMPRSS3 variants ([@B3]), was negative, thus qualifying both siblings for next-generation sequencing (NGS) analysis. The NGS library was prepared using TruSight One sequencing panel (Illumina, San Diego, CA, United States) according to manufacturer's instructions. The loading concentration of prepared NGS library was 12 pM. MiSeq desktop sequencer together with MiSeq Reagent kit v3 (both Illumina, San Diego, CA, United States) were used for data collection followed by on-board primary analysis. Genetic variants with coverage \>15× were analyzed with Variant Studio 2.2 software (Illumina, San Diego, CA, United States). All coding variants located outside of 100 genes related to hearing loss, reported in Hereditary Hearing Loss Homepage, were excluded from further analysis. The minor allele frequency threshold for known variants was set at 1% and all variants exceeding this value were excluded from further analysis as well.
The NGS analysis revealed that both siblings were carriers of homozygous ILDR1 non-sense mutation c.942C\>A (NM_001199799.1), introducing early stop codon at Cys314. The coverage of identified variant was 189× and 126× in first and second sibling, respectively. Sanger sequencing confirmed the presence of the genetic variant and its zygosity. Additionally, the family segregation analysis was performed by targeted Sanger sequencing of parental DNA samples. Both parents were carriers of a heterozygous ILDR1 c.942C\>A variant (**Figure [2](#F2){ref-type="fig"}**).
{#F2}
Additional haplotype analysis of low-coverage mitochondrial genome, extracted from NGS data, was performed to obtain the insight in the ancestry of the family. Using Integrative Genomics Viewer ([@B19]) and Mitomaster ([@B10]) tools, the mitochondrial genome haplotype of both patients was classified as J1c3a2. The identification of Y-chromosome haplotype was not successful due to too low Y-chromosome coverage in acquired NGS data.
Moreover, the ratio between rare (MAF \< 1%) homozygous and heterozygous genetic variants (rare hom/het ratio) was calculated as a proxy to further assess the level of consanguinity in the family. The corresponding standard deviation score (SDS) of rare hom/het ratio was derived from comparison of patient's ratios to a distribution of rare hom/het ratio in the Slovenian population. The population distribution of rare hom/het ratio was calculated from sequencing data of 117 anonymized individuals, generated during a routine genetic diagnostic procedure using identical abovementioned NGS library preparation protocol (TruSight One sequencing panel and MiSeq Reagent kit v3, both Illumina, San Diego, CA, United States). The coverage threshold for all variants' datasets was set to \>20×, and only variants passing this threshold were taken into a calculation of SDS of rare hom/het ratio. The SDS of rare hom/het ratio was 2.66 for the first sibling (II,2) and 1.42 for the second sibling (II,1).
Background
==========
Sensorineural hearing loss (SNHL) is a family of heterogeneous conditions spanning acquired as well as congenital causes of the disease. Genetic changes are one of the main contributing factors in the development of congenital SNHL. Non-syndromic hearing loss of genetic etiology has more than 100 genetic loci involved in its etiology ([@B14]). Additionally, more than 60 genes ([@B20]) are involved in the etiology of autosomal recessive non-syndromic hearing loss (ARNSHL), which phenotype is usually profound to severe, non-progressive and pre-lingual ([@B15]). The most common genetic cause of ARNSHL are *GJB2* mutations while other reported genes include *SLC26A4*, *MYO7A*, *OTOF*, *CDH23* and *TMC1*. Interestingly, *GJB2* mutations are responsible for approximately 27% and TMPRSS3 mutations are responsible for around 13% of remaining Slovenian ARNSHL population ([@B3]). The advent of next generation sequencing and its introduction into routine genetic diagnostic procedures accelerated the identification of causative genetic variants across heterogeneous population of patients with SNHL ([@B5]; [@B21]).
Loss-of-function *ILDR1* mutations have been implicated in the development of very rare non-syndromic autosomal recessive deafness type 42 (DFNB42) in humans ([@B4]). *ILDR1* gene encoding the immunoglobulin-like domain containing receptor 1 is associated with the development of semicircular canal, tricellular tight junction and auditory hair cells in zebrafish and mouse models ([@B7]; [@B12]; [@B18]). Moreover the functional characterization of identified *ILDR1* variants in mouse mammary epithelial EpH4 cell lines revealed the disruption of tricellulin (a component of tricellular tight junction) recruitment by ILDR1 and failure to form tight junction ([@B8]).
Discussion
==========
A detailed clinical phenotype of two siblings with subsequently identified loss-of-function *ILDR1* mutation, from a family of European ancestry with profound hearing loss, treated with CI, is presented (**Figure [2](#F2){ref-type="fig"}**). The non-sense homozygous mutation in *ILDR1* gene inherited from both parents was identified as the cause of their disability. Classified as DFNB42 hearing loss, it is a very rare disorder reported in families of Pakistani, Saudi Arabian, Turkish and Iranian origin ([@B4]; [@B16]; [@B2]; [@B11]) and to our knowledge this is the first report of its occurrence in the European population. The identified genetic variant *ILDR1* c.942C\>A introduces early stop codon p.Cys314Ter and is reported in Human Genome Mutation Database as a disease causing variant (CM163808). It probably renders the ability of *ILDR1* to recruit tricellulin and effectively form tight junctions inefficient, consequently affecting the function of auditory hair cells as shown in animal models and cellular cultures ([@B12]; [@B18]; [@B8]). Genetic variant *ILDR1* c.942C\>A was previously reported as causative in three families of Turkish origin indicating the potential Middle-Eastern origin of the mutation ([@B2]). The minor allele frequency of identified variant in Exome Aggregation Consortium database^[1](#fn01){ref-type="fn"}^ is 1/60642 classifying it as a very rare variant.
Analyzing the PTA data, the characteristic curves with more prominent hearing loss in higher frequency range were revealed (**Figure [1](#F1){ref-type="fig"}**) coinciding with previous reports ([@B8]) although there are some reports where "flat" audiograms are reported as well ([@B4]) indicating potentially diverse clinical phenotype of DFNB42. Moreover, contrary to the commonly reported phenotype ([@B4]) both patients presented with progressive and post-lingual hearing loss with the most rapid progression in the lower frequency range (**Figure [1](#F1){ref-type="fig"}**), supporting phenotype diversity of DFNB42 clinical manifestation. Additionally, a recent report on *ILDR1*-knockout mouse models demonstrated the progressive degradation of outer hair cells and organ of Corti, further supporting the progressive hearing loss disorder phenotype ([@B1]; [@B17]). Nevertheless, both patients successfully finished their education program benefiting from the support of hearing aids and CI and successfully established their professional careers thereafter. The CI rescued the hearing of patients, restoring hearing in whole frequency range (**Figure [1](#F1){ref-type="fig"}**) to approximately 30 dB and drastically improved patients' quality of life although there is a report where CI in *ILDR1*-misense-mutation dependent hearing loss was not successful ([@B8]). Nevertheless, when performed without clinical complications the CI is the clinical procedure of choice for optimal recovery of hearing in patients with *ILDR1*-dependent hearing loss. Additionally, the potential recovery of vestibular activation in the first patient was noticed. First caloric stimulation test of vestibular organ at the age of three was negative but the repeated test before the CI (27 years later) revealed that the vestibular response recovered. The medical records were carefully reanalyzed and the possibility of a potential analytical error was excluded. Although the existence of potential underlying recovery mechanism is a speculation, there are reports, which indicate that, at least in mice, the recovery of vestibular function could be guided through *ILDR1*-loss-of-function dependent angulin-1 mediated recovery of tricellulin localization. However, tricellulin/angulin-1 interaction does not recover hearing in mice and consequently the potential positive effect on vestibular function has to be further investigated ([@B6]).
Consanguinity is a commonly reported underlying characteristic of *ILDR1*-dependent hearing loss resulting in a homozygous function-damaging variant segregating in affected family members ([@B4]; [@B16]), nevertheless, the self-reported data regarding the consanguinity in the a patient's family didn't indicate its possibility. But relatively high SDS of rare hom/het ratio (2.66 and 1.42, respectively) implies that at least a distant consanguinity may be a reasonable assumption. The difference between SDS of both siblings may look relatively distinct, but it translates in to the nominal difference of 1.93% (8.29% vs. 6.34%, respectively). The inter-sibling discrepancy of rare hom/het ratio SDS may originate from NGS data and library preparation alone, as both samples were not sequenced with the same quality and coverage of specific genomic regions. Consequently, this empirical evaluation may not be very precise and should be taken with a degree of reticence to use it as definite indicator of consanguinity. More accurate mapping of parental homozygous regions could not be performed as parents gave consent only to be tested for identified causative genetic variant in *ILDR1* gene. The haplotype analysis of low-coverage mtDNA revealed that both siblings are carriers of J1c3a2 haplotype. The mitochondrial haplogroup J is widespread in Europe as well as Near East. It is assumed that it was introduced into European population through Neolithic and/or Late Glacial migrations ([@B13]). Consequently, the origin of the family was established only on self-reported data from both patients and their parents.
Concluding Remarks
==================
This analysis confirmed the underlying variability of clinical phenotype in *ILDR1*-dependent hearing loss ([@B8]), and additionally supported the possibility of DFNB42 being a progressive hearing loss disorder ([@B8]; [@B17]), successfully treatable by CI. Additionally, this case clearly demonstrated the advantage of NGS technology in diagnostic algorithms of orphan diseases such as DFNB42. Using targeted Sanger sequencing and following the reductionist principle of genetic diagnosis where the most common causes of specific disease are tested first, the identification of rare, sporadic mutations in genes not typical for a particular population would require much more time and resources, influencing the genetic diagnosis outcome as well as the patient's quality of life.
Author Contributions
====================
GK prepared the NGS libraries and performed sequencing. KP performed validation of genetic results, supervised the genetic diagnostic procedures and contributed to the manuscript. SB performed clinical evaluation of the family, performed cochlear implant surgery and contributed to the manuscript. JK analyzed NGS data, performed Sanger sequencing and wrote the manuscript.
Conflict of Interest Statement
==============================
The authors declare that the research was conducted in the absence of any commercial or financial relationships that could be construed as a potential conflict of interest.
**Funding.** This work was supported by the Slovenian Research Agency (grants P3-0343, J3-6798, J3-2412 and J3-6800).
<http://exac.broadinstitute.org>
[^1]: Edited by: *Enrico Baruffini, University of Parma, Italy*
[^2]: Reviewed by: *Florence Fellmann, Lausanne University Hospital, Switzerland; Maria Paola Lombardi, University of Amsterdam, Netherlands; Federica Sangiuolo, University of Rome Tor Vergata, Italy*
[^3]: This article was submitted to Genetic Disorders, a section of the journal Frontiers in Genetics
|
Q:
Sectioning Listview
can somebody give me an example on how to section the listview?
im using SimpleCursorAdapter to display the datas in the listview..
my code is like this.
private WordDbAdapter dbHelper;
private SimpleCursorAdapter dataAdapter;
this are the codes on the onCreate() method.
dbHelper = new WordDbAdapter(this);
dbHelper.open();
//Clean all data
dbHelper.deleteAllWords();
//Add some data
dbHelper.insertSomeWords();
//Generate ListView from SQLite Database
displayListView();
and this is the code outside the onCreate method.
@SuppressWarnings("deprecation")
private void displayListView() {
Cursor cursor = dbHelper.fetchAllWords();
// The desired columns to be bound
String[] columns = new String[] {
WordDbAdapter.KEY_WORD,
};
// the XML defined views which the data will be bound to
int[] to = new int[] {
R.id.Word,
};
// create the adapter using the cursor pointing to the desired data
//as well as the layout information
dataAdapter = new SimpleCursorAdapter(
this, R.layout.word_info,
cursor,
columns,
to
);
ListView listView = (ListView) findViewById(R.id.Diclist);
// Assign adapter to ListView
listView.setAdapter(dataAdapter);
listView.setOnItemClickListener(new OnItemClickListener() {
@Override
public void onItemClick(AdapterView<?> listView, View view,
int position, long id) {
// Get the cursor, positioned to the corresponding row in the result set
Cursor cursor = (Cursor) listView.getItemAtPosition(position);
// Get the word name from this row in the database.
String wordSelected =
cursor.getString(cursor.getColumnIndexOrThrow("word"));
String wordSyllabication =
cursor.getString(cursor.getColumnIndexOrThrow("syllabication"));
String wordPartofSpeech =
cursor.getString(cursor.getColumnIndexOrThrow("partofspeech"));
String wordMeaning =
cursor.getString(cursor.getColumnIndexOrThrow("meaning"));
EditText TextDic = (EditText) findViewById(R.id.TextDic);
TextDic.setText(wordSelected);
Toast.makeText(getApplicationContext(),
wordSyllabication + "\n" + wordPartofSpeech + "\n" + wordMeaning , Toast.LENGTH_SHORT).show();
}
});
A:
You Could try this.
Look at this Android Section in ListViews example, Its nicely describe how to implement Section in ListViews.
And
android-amazing-listview
Jeff Sharkey's SeparatedListAdapter
MergeAdapter by CommonsWare
http://w2davids.wordpress.com/android-sectioned-headers-in-listviews/
Thanks.
|
Analysis of the acute response of Galleria mellonella larvae to potassium nitrate.
Potassium nitrate (E252) is widely used as a food preservative and has applications in the treatment of high blood pressure however high doses are carcinogenic. Larvae of Galleria mellonella were administered potassium nitrate to establish whether the acute effects in larvae correlated with those evident in mammals. Intra-haemocoel injection of potassium nitrate resulted in a significant increase in the density of circulating haemocytes and a small change in the relative proportions of haemocytes but haemocytes showed a reduced fungicidal ability. Potassium nitrate administration resulted in increased superoxide dismutase activity and in the abundance of a range of proteins associated with mitochondrial function (e.g. mitochondrial aldehyde dehydrogenase, putative mitochondrial Mn superoxide dismutase), metabolism (e.g. triosephosphate isomerase, glyceraldehyde 3 phosphate dehydrogenase) and nitrate metabolism (e.g. aliphatic nitrilase, glutathione S-transferase). A strong correlation exists between the toxicity of a range of food preservatives when tested in G. mellonella larvae and rats. In this work a correlation between the effect of potassium nitrate in larvae and mammals is shown and opens the way to the utilization of insects for studying the in vivo acute and chronic toxicity of xenobiotics. |
Q:
Hide and show divID with Javascript - Hide when new title is opened
Currently I'm able to click on a title and then the information relating to the title is shown. If another title is selected then it is opened either below or above the previous open title, if the title is clicked a second time then they are hidden.
What I'm trying to do is, if a title is already open, upon clicking on another title it would hide the previous and show the most recently clicked.
The javascript I'm currently working with is the following
<script type="text/javascript">
function unhide(divID) {
var item = document.getElementById(divID);
if (item) {
item.className=(item.className=='hidden')?'unhidden':'hidden';
}
}
function hide(divID) {
var item = document.getElementById(divID);
if (item == 'element_name') {
item.className=(item.className=='hidden');
}
}
A:
Suggestion #1
Give all of the title elements a common class name, e.g. title, then use document.getElementsByClassName('title') to find all of the title elements, and hide them all before "unhiding" the clicked title, if the clicked title element is hidden.
That being said, you'll need to modify the two functions you wrote to accommodate multiple classes in an element. You can easily set multiple class names via element.className = 'unhidden title', but your code will be rather inflexible. Your code will quickly become unwieldy as you try to modify your list of class names via the String#split method, looping through the classes to find and delete the hidden or unhidden classes.
Suggestion #2
Do not to use an unhidden class. Presumably, your unhidden class is defined as follows:
.unhidden {
display: block;
}
This class becomes much less useful if you have inline elements as well that you want to unhide because you'll need another class:
.unhidden-inline {
display: inline;
}
If you simply define:
.hidden {
display: block;
}
and add or remove the hidden class to hide or show the element, then you can avoid this issue altogether. You'll still have the issue of dealing with multiple class names in an element, however.
Suggestion #3 (ideal)
Use jQuery or Zepto.js to handle DOM traversal and manipulation, it will make your life much easier. You'll no longer need to manipulate classes at all in this case, you can simply hide and show the elements directly with convenience methods. Include jQuery:
<script type="text/javascript" src="http://code.jquery.com/jquery-1.7.1.min.js"></script>
Assuming the following markup:
<ul>
<li class="title">
Title 1
<div class="description">Best. Title. Ever.</div>
</li>
<li class="title">
Title 2
<div class="description">Second best title</div>
</li>
<li class="title">
Title 3
<div class="description">Worst. Title. Ever.</div>
</li>
</ul>
and the following css:
<style type="text/css">
.description {
display: none;
}
</style>
you can do the following to accomplish your goal in a flexible manner:
<script type="text/javascript">
$('.title').click(function(event){
currentDescriptionElement = $('.description', this); // this refers to the clicked DOM element in this context
isHidden = currentDescriptionElement.is(':hidden');
$('.title .description:visible').hide(); // hide all visible description elements
if (isHidden)
currentDescriptionElement.show();
})
</script>
I hope this helps, good luck!
|
Nos. 15-1252L, 15-1253L, 15-1268L
Filed: April 10, 2018
* * * * * * * * * * * * * *
*
JOHN ARNOLD, et al., *
FLYING S. LAND CO., et al., *
*
JOE L. DAWSON, et al., *
* Fifth Amendment Taking; Rails to
Plaintiffs, * Trails; Fee Simple; Easement; Deed
v. * Interpretation; Adjacency; Motion to
* Strike.
UNITED STATES, *
*
Defendant. *
* * * * * * * * * * * * * * *
R. Deryl Edwards, Law Offices of R. Deryl Edwards, Joplin, MO, for plaintiffs in
Arnold, et al. v. United States, Case No. 15-1252L.
Thomas S. Stewart, Stewart, Ward & McCulley, LLC, Kansas City, MO, for
plaintiffs in Flying S. Land Co., et al. v. United States, Case No. 15-1253L. With him was
Elizabeth G. McCulley, Stewart, Ward & McCulley, LLC, Kansas City, MO and Steven
M. Wald and Michael Smith, Stewart, Ward & McCulley, LLC, St. Louis, MO.
Megan S. Largent, Arent Fox, LLP, Clayton, MO, for plaintiffs in Dawson, et al. v.
United States, Case No. 15-1268L. With her was Mark F. Hearne, Lindsay S.C. Brinton,
and Stephen S. Davis, Arent Fox, LLP, Washington, D.C.
Davené D. Walker, Trial Attorney, Natural Resources Section, Environment and
Natural Resources Division, United States Department of Justice, Washington, D.C., for
defendant. With her was Jeffrey H. Wood, Acting Assistant Attorney General,
Environment and Natural Resources Division, Washington, D.C.
OPINION
HORN, J.
In these Rails-to-Trails cases, plaintiffs are landowners in Kansas and Nebraska
who allege that they are entitled to receive just compensation under the Fifth Amendment
to the United States Constitution because the United States government allegedly
effected takings of their reversionary property interests through operation of the National
Trails System Act, 16 U.S.C. § 1241 et seq. (2012) (the Trails Act). Plaintiffs allege that
when the United States Surface Transportation Board (STB) issued a Notice of Interim
Trail Use (NITU) on October 22, 2015, related to the railroad line allegedly adjacent and
near to plaintiffs’ property, defendant preempted plaintiffs’ state-law right to regain full,
unencumbered title to their property. Although plaintiffs’ claims in all three cases relate to
the same railroad line in Harlan County, Nebraska, and Norton, Decatur, and Phillips
Counties, Kansas, plaintiffs filed their takings claims as three separate cases,
represented by three separate counsels of record, in the United States Court of Federal
Claims. The cases, which each include multiple types of plaintiffs, are captioned as John
Arnold, et al. v. United States, No. 15-1252L (Arnold), 1 Flying S. Land Co., et al. v. United
1The plaintiffs in Arnold are as follows: John Arnold and Susan Bolek, B & D Farm, LLC
(B & D Farm), Mark and Shayla Bailey, H. Drake and Karen Gebhard, Cecilia (Griffin)
Hillebrand, Jackson Irrevocable Farm Trust, Lee Martin Revocable Trust, Lee Martin,
Bernice Martin, Harold and Kristelle Mizell, Rodney and Tonda Ross, Robert Strevey,
Ricky Temple, L & S Tubbs Family, L.P. (L & S Tubbs Family), John C. and Joann Tweed
Trusts, Edwin and Phyllis Yeater, Ivan and Cathy Bohl Living Trust, and Morlock
Children’s Trust. Counsel of record for the Arnold plaintiffs is R. Deryl Edwards of the Law
Offices of R. Deryl Edwards.
At the beginning of this litigation, Arnold plaintiffs B & D Farm, LLC, was pursuing a
takings claim for two parcels, parcel numbers 136-14-0-00-00-001-00-0 and 136-14-0-
00-00-002-00-0, as was H. Kent and Diana Euhus Living Trusts, parcel numbers 141-01-
0-30-12-011 and 141-01-0-30-12-012. Similarly, Arnold plaintiffs Royce and Vicky Leitner
were identified in the complaint and alleged that the government effected a temporary
taking of their property interest.
Subsequently, plaintiffs in Arnold voluntarily moved to dismiss the claim for B & D Farm,
LLC parcel number 136-14-0-00-00-001-00-0, as well as the claim for Royce and Vicky
Leitner, on July 12, 2017, which the court granted, without prejudice, on August 16, 2017.
On January 4, 2018, plaintiffs in Arnold voluntarily moved to dismiss the two claims of H.
Kent and Diana Euhus Living Trusts, which the court granted, without prejudice, on
January 10, 2018.
2
States, No. 15-1253L (Flying S. Land Co.), 2 and Joe L. Dawson, et al. v. United States,
No. 15-1268L (Dawson). 3
2 The plaintiffs in Flying S. Land Co. are as follows: Flying S. Land Company, Flying S.
Partnership, Jonathan and Karen Cozad, Dale and Lenora Soderland, William C. and
Bertha G. Rea, Oberlin Concrete Co., Judith E. Nelson, Jerry G. and Connie K. Cox, J &
C Partnership LP, James and Janice Bricker, Clayton and Catherine Cox, Garth Gebhard,
Paul and Tammy Vincent, James Holterman, and Orville & Pauline Holterman Revocable
Trust, Sauvage Gas Service, Inc., Culbertson Farms, LLC, Silverstone & Dake’s Canal,
Inc., Dolores M. Koerperich Revocable Living Trust, c/o Dolores M. Koerperich, Gerry N.
and Theresa M. Tally, Perry and Ila Mae Schelling, Leo and Carolyn Zodrow, Edward
Braun, Cecil and Lavon Wright, GRS Revocable Trust, Craig E. Ingram and Genie L.
Ingram Living Trusts, AG Valley Cooperative, Arnold K. Graham, Gilbert T. Graham,
Gayle Mourin, Joan G. Poulus, and Richard and Robert McChesney. Counsel of record
for the Flying S. Land Co. plaintiffs is Thomas S. Stewart of Stewart, Wald & McCulley
LLC.
At the time the complaint was filed in Flying S. Land Co., the Edna M. Boettger Trust was
identified as a plaintiff in the case, however, at plaintiffs’ request, the court dismissed with
prejudice the claim of the Edna M. Boettger trust on January 24, 2017. Kevin L. Tubbs
Living Trust c/o Kevin L. and Miriam L. Ostmeyer Tubbs also was identified as a plaintiff
in the complaint filed in Flying S. Land Co. On January 12, 2018, plaintiffs in Flying S.
Land Co. moved to voluntarily dismiss the claim of Kevin L. Tubbs Living Trust c/o Kevin
L. Tubbs and Miriam L. Ostmeyer Tubbs, which the court granted, without prejudice, on
February 7, 2018.
Additionally, Flying S. Land Co. plaintiffs have identified plaintiffs Arnold K. Graham,
Gilbert T. Graham, Gayle Mourin, and Joan G. Poulus (Arnold K. Graham, et al.) as the
owners of parcel 074-059-31-0-00-00-001.00-0. Flying S. Land Co. plaintiffs have
identified plaintiff Arnold K. Graham as the sole owner of parcel 074-059-31-0-00-00-
004.00-0.
3 The plaintiffs in Dawson are as follows: Joe L. Dawson, Conrad C. Cox and Mary R.
Cox, trustees of the Conrad C. Cox Trust No. 1 and the Mary R. Cox Trust No. 1, Lloyd
E. and Pamela Y. Edgett, G & M Properties, LP (G & M Properties), Bruce G. Guinn, Jr.,
Duane R. and Darlene McEwen, M. Lee and Angela Juenemann, trustees of the M. Lee
Juenemann Living Trust and Angela Juenemann Living Trust (M. Lee and Angela
Juenemann), Shirley Kats and Derek T. Kats, trustees of the Shirley Kats Revocable Trust
and the Derek Kats Revocable Trust, Rosemary L. Mathes, Duane R. Mathes and
Darlene McEwen, Carol K. Ross and Kay L. Lee, trustees of the Carol K. Ross Trust No.
1 (Carol K. Ross and Kay L. Lee), Linda J. Tomasch, John E. Bremer, David G. Bremer,
and Larry L. and Iris L. Smith, trustees of the Larry L. Smith and Iris L. Smith Revocable
Living Trust. Counsel of record for the Dawson plaintiffs is Meghan S. Largent of Arent
Fox, LLP.
At the time plaintiffs in Dawson initiated Case No. 15-1268L, the complaint identified as
plaintiffs Eric Brown, trustee for the Ackerman Trust, Mark and Kathryn Christensen,
3
FINDINGS OF FACT
The Nebraska, Kansas & Colorado Railway (NKCR) previously operated a railroad
line that extended, in relevant part, approximately 57.31 miles through Harlan County,
Nebraska, and Norton, Decatur, and Phillips Counties in Kansas. Plaintiffs are
landowners in Harlan County, Nebraska, and Norton, Decatur, and Phillips Counties,
Kansas.
On May 14, 2015, NKCR proposed to the STB its intent to abandon 57.31 miles of
the railroad line through Nebraska and Kansas, specifically (1) from milepost 3.35 near
Orleans, Nebraska to milepost 29.84 at Almena, Kansas; (2) from milepost 47.23 at
Reager, Kansas to milepost 78.05 at Oberlin, Kansas; and (3) the Norton Spur in Norton,
Kansas. The railroad formalized its proposed abandonment of these segments on June
12, 2015, when it filed a verified Notice of Exemption with the STB. In its Notice of
Exemption, the NKCR certified that no traffic had been handled over the railroad line
segments for more than two years. The STB issued an abandonment exemption on
August 7, 2015, giving the railroad until August 2016 to consummate abandonment.
Subsequently, on September 2, 2015, Sunflower Rails-to-Trails Conservancy (Sunflower)
filed a statement of willingness to assume financial responsibility over the portion of the
rail line that NKCR sought to abandon. On September 14, 2015, Sunflower filed a request
with the STB for trail use over the railroad segments that NKCR had proposed for
Robert Duane, Leanna Henry, and Stacy A. Lambert, Stephen and Rhonda Mees, and
Christina and Nye Pelton. Plaintiffs moved to voluntarily dismiss these plaintiffs, without
prejudice, on July 28, 2017, and the court granted the motion on August 16, 2017.
Defendant originally disputed whether Dawson plaintiff Rosemary L. Mathes was the sole
owner of parcel 069-132-03-0-00-03-001-00-0-01. On July 20, 2017, Dawson plaintiffs
joined Dawson plaintiffs Duane and Darlene McEwen to Rosemary L. Mathes’ claim in its
Fifth Amended Complaint and also asserted a separate claim by Duane and Darlene
McEwen against defendant. Plaintiffs submitted to the court an affidavit of equitable
interest filed with the Norton County Recorder of Deeds’ Office by Duane and Darlene
McEwen in June 2014, which indicated that the McEwens and Rosemary L. Mathes had
entered into an agreement for the purchase and sale of real estate. The agreement
provided the Rosemary L. Mathes was the fee owner of tract one in parcel 069-132-03-
0-00-03-001-00-0-01, subject to the McEwens’ equitable interest. Additionally, plaintiffs
submitted to the court a joint tenancy warranty deed entered into by Rosemary L. Mathes
and Duane and Darlene McEwen on June 13, 2014. The joint tenancy warranty deed
conveyed to the McEwens fee interest in tract two of parcel 069-132-03-0-00-03-001-00-
0-01. Defendant has not submitted any evidence to the court disputing the interest of
Dawson plaintiffs Rosemary L. Mathes and Duane and Darlene McEwen in parcel 069-
132-03-0-00-03-001-00-0-01 and states “there is also no dispute as to whether the
remaining Plaintiffs owned their properties on the date that the STB issued the NITU” in
its motion for summary judgment filed in Dawson on August 18, 2017. For purposes of
clarity, the court refers to the joined claim of Rosemary L. Mathes and Duane and Darlene
McEwen as “Rosemary L. Mathes” and to the McEwens’ separate claim as “Duane and
Darlene McEwen.”
4
abandonment. NKCR filed a notice on September 24, 2015 that it was willing to negotiate
with Sunflower concerning the rail line.
On October 22, 2015, the STB issued a NITU, which invoked Section 1247(d) of
the Trails Act Amendment of 1983, 16 U.S.C. § 1247(d), and authorized the railroad to
negotiate a trail use agreement with Sunflower. Although the NITU was originally for a
period of 180 days, and initially expired on April 19, 2016, Sunflower requested, and
NKCR did not oppose, an extension of the negotiation period. The STB issued a decision
on April 14, 2016, extending the negotiation period until October 16, 2016. Thereafter,
Sunflower requested, but NKCR opposed, a second extension. The STB did not grant
any further extensions, and the NITU expired on October 16, 2016. On November 17,
2016, the STB issued a decision providing that if NKCR chose to abandon its rail line, it
must file a notice of consummation by December 15, 2016. On December 14, 2016,
NKCR requested an extension of its consummation deadline to March 15, 2017, and the
STB granted NKCR’s request on December 15, 2016. NKCR requested another
extension of its consummation deadline on February 16, 2017, which the STB granted on
March 3, 2017, thereby extending NKCR’s deadline to consummate abandonment of the
rail line to September 11, 2017. On September 11, 2017, the STB granted NKCR’s
request to extend the deadline for NKCR to consummate its abandonment of the rail line
from September 11, 2017 to March 1, 2018. NKCR submitted an additional extension of
time to consummate abandonment on February 23, 2018, and, on February 28, 2018, the
STB granted NKCR an extension of time until March 1, 2019 to consummate
abandonment of the railroad corridor. NKCR and Sunflower have not reached a trail use
agreement, and, as of the date of this opinion, NKCR has not filed a notice of
consummation of abandonment.
The parties in Arnold, Dawson, and Flying S. Land Co. have been unable to reach
stipulations regarding title issues, including fee or easement, as well as issues of
adjacency.
Ownership Disputes
In Flying S. Land Co., the parties dispute ownership with regard to plaintiff United
Methodist Church. Defendant contends that Flying S. Land Co. plaintiff United Methodist
Church has not presented adequate evidence to establish its ownership of the property
at issue on October 22, 2015, the date the NITU was issued. Plaintiffs allege that United
Methodist Church acquired the property at issue upon the death of the previous owner,
Loren Gill Sharp. According to plaintiffs, Isiah Sharp devised the property to his son, Loren
Gill Sharp, and plaintiffs argue that in probate documents submitted to the court, Isiah
Sharp intended to convey the property to Loren Gill Sharp, and, if Loren Gill Sharp did
not have children, then the property would pass to the Methodist Episcopal Church at
Norcatur, Kansas, upon the death of Loren Gill Sharp. Plaintiffs submit that Loren Gill
Sharp died without children on March 8, 1960, and, therefore, title to the property was
conveyed to United Methodist Church. In response, defendant argues that, even if Loren
Gill Sharp died without children, plaintiffs have not established that Flying S. Land Co.
plaintiff United Methodist Church ever acquired title to the property.
5
Adjacency Disputes
The parties have stipulated to many of the adjacency issues. The parties, however,
dispute whether the following plaintiffs’ properties are adjacent to the portion of the
railroad corridor affected by the NITU: Arnold plaintiffs Mark and Shayla Bailey, Harold
and Kristelle Mizell parcel 107-36-0-10-04-001, 4 Rodney and Tonda Ross’ parcel 102-
03-0-00-00-004.00-0 on the south side of the railroad corridor, 5 and Robert Strevey;
Flying S. Land Co. plaintiffs Gerry and Theresa Tally parcel 020-141-01-0-30-20-010.00-
0, 6 James and Janice Bricker parcel 020-124-18-0-00-03-001.00-0, 7 Arnold K. Graham
parcel 074-059-31-0-00-00-004.00-0, 8 J & C Partnership, Garth Gebhard, and
Silverstone & Dake’s Canal, Inc. parcels 074-056-24-0-20-01-002.00-0 and 074-056-24-
4Arnold plaintiffs Harold and Kristelle Mizell own two land parcels at issue in this case,
parcels 107-36-0-10-04-001 and 069-151-01-0-00-00-003-00-0-01. Defendant only
challenges the adjacency of parcel 107-36-0-10-04-001.
5 Arnold plaintiffs Rodney and Tonda Ross own parcels on both the southern and northern
sides of the railroad corridor. Defendant asserts that the Ross parcel 069-101-02-0-00-
00-001-00-0-01 on the north side of the railroad corridor is bisected by a state highway,
but defendant agrees that Ross parcel 069-101-02-0-00-00-001-00-0-01 is adjacent to
the railroad corridor.
6As discussed below, Flying S. Land Co. plaintiffs Gerry and Theresa Tally own two
parcels at issue. Defendant only challenges the adjacency of parcel 020-141-01-0-30-20-
010.00-0.
7 Flying S. Land Co. plaintiffs James and Janice Bricker own three parcels at issue in
Flying S. Land Co., parcel 020-124-18-0-00-09-004.00-0, parcel 020-124-18-0-00-03-
001.00-0, and parcel 020-124-18-0-00-01-001.00-0. The parties only dispute the
adjacency of parcel 020-124-18-0-00-03-001.00-0. The parties have stipulated that parcel
020-124-18-0-00-09-004.00-0 and parcel 020-124-18-0-00-01-001.00-0 are adjacent to
the railroad corridor.
8 Arnold plaintiff Arnold K. Graham owns two parcels at issue in the above-captioned
case, parcel 074-059-31-0-00-00-001.00-0 and parcel 074-059-31-0-00-00-004.00-0.
The parties only dispute the adjacency of parcel 074-059-31-0-00-00-004.00-0. The
parties have stipulated parcel 074-059-31-0-00-00-001.00-0 is adjacent to a portion of the
railroad corridor.
6
0-20-01-001.00-0; 9 and Dawson plaintiffs Conrad C. and Mary R. Cox Trusts No. 1 parcel
740-056-13-0-00-00-005.00-0. 10
Kansas State Highway 383
Kansas State Highway 383 (K-383) runs between a segment of the railroad
corridor and the following plaintiffs’ properties: Arnold plaintiffs Rodney and Tonda Ross’
parcel 102-03-0-00-00-004.00-0 on the south side of the railroad corridor; Flying S. Land
Co. plaintiffs Arnold K. Graham parcel 074-059-31-0-00-00-004.00-0, J & C Partnership,
Garth Gebhard, and Silverstone & Dake’s Canal, Inc. parcels 074-056-24-0-20-01-
002.00-0 and 074-056-24-0-20-01-001.00-0; and Dawson plaintiffs Conrad C. and Mary
R. Cox Trusts No. 1 parcel 74-056-130-00-00-005-000. Plaintiffs contend that K-383 is
an easement on these plaintiffs’ properties, so these plaintiffs still own the underlying
servient estate and there are no adjacency issues. Defendant disagrees and argues that
the Kansas Department of Transportation (KDOT) owns the highway land in fee, so these
plaintiffs’ parcels are separated from the railroad right-of-way by the highway such that
they are not adjacent to the railroad.
Based on submissions from the parties, it appears that the Kansas State Highway
Commission acquired the land for a state highway in Phillips County, Kansas, through
condemnation proceedings, however, it is not clear if the land for the state highway
referenced in the records of the condemnation proceedings submitted to the court
became K-383. Excerpts from the condemnation proceeding document are reproduced
below, in pertinent part:
The State Highway Commission of the State of Kansas for its petition alleges:
1. That said State Highway Commission is a body corporate under the laws of
the State of Kansas, with powers to lay out, establish, open, construct,
improve and maintain highways for the State of Kansas.
9 Flying S. Land Co. plaintiff Silverstone & Dake’s Canal, Inc. owns six parcels of land at
issue in Flying S. Land Co., which are identified with different parcel numbers. Because
each parcel implicates different issues, throughout the court’s analysis, the court refers
to the number of the parcel at issue. The parties have stipulated Silverstone & Dake’s
Canal, Inc. parcels 074-056-24-0-20-02-001-00-0, 260014100, 360004300, and
380012500 are adjacent to a portion of the railroad corridor.
10 Dawson plaintiffs Conrad Cox and Mary Cox, Trustees of the Conrad Cox Trust No. 1
and the Mary Cox Trust No. 1, own two parcels at issue, parcels 74-044-180-0-00-00-03-
00-0 and 74-056-130-00-00-005-00-0. The parties only dispute the adjacency of parcel
74-056-130-00-00-005-00-0 to the railroad corridor. In their partial motion to dismiss,
counsel for Dawson plaintiffs indicates that plaintiffs are only moving for partial summary
judgment “for the portion of the Cox Trust property that abuts and underlies the portion of
the railroad right-of-way acquired by the Follett ‘Right of Way’ Deed,” however, plaintiffs
discuss both Cox Trust parcels at length in their briefs. As such, the court addresses
plaintiffs’ arguments with regard to both Cox Trust parcels.
7
2. That said State Highway Commission desires to acquire in the name of the
State of Kansas for the establishment, laying out, opening, construction,
maintenance, improvement and drainage of the State Highway System in
Phillips County, Kansas, certain lots and parcels of land situated in said
county owned and described as follows:
[legal descriptions of lots and sections]
3. That on the ___ day of _____, 193_, the State Highway Commission of
Kansas, in regular session, found that in order to establish, lay out, open,
construct, improve, maintain and drain the State Highway System in Phillips
County, Kansas, it is necessary to acquire for such purposes the lots and
parcels of land above described and ordered that said lots and parcels of
land be acquired by the State Highway Commission for the State of Kansas
by the exercise of the right of eminent domain, as provided by R.S. Supp.
1930, 68-413, as amended by Chapter 246, Laws of Kansas, 1931.
4. That the State Highway Commission of Kansas, under and by virtue of R.S.
Supp. 1930, 68-413, as amended by Chapter 246, Laws of Kansas, 1931,
has the power to acquire in the name of the State of Kansas said lots and
parcels of ground or interests or rights therein by the exercise of the right of
eminent domain in accordance with the provisions of article 1, chapter 26,
of the Revised Statutes of 1923.
WHEREFORE, the State Highway Commission of Kansas
respectfully petitions that the Hon. E.E. Kite, Judge of the District Court of
Phillips County, Kansas, to examine this petition and find that this petitioner
has the power of eminent domain that said lands are necessary to said
petitioner’s lawful corporate purposes in the establishment, laying out,
opening, construction, improving, maintenance and drainage of the State
Highway System of Kansas, and that he appoint three disinterested
householders of Phillips County, Kansas, to view and appraise such lands
and parcels of ground; that such appraisers be ordered to take an oath to
well and truthfully make such appraisal and to report their appraisal of each
tract in writing under oath to said Judge; that said report when so made be
ordered filed with the Clerk of the District Court; that said Judge order that
notice of the filing of this petition be given either personally or by registered
mail to the lienholders of record of said lots and parcels of land, as required
by Chapter 246, Laws of Kansas, 1931, and that when these proceedings
are ended a record of said proceedings be filed with the Register of Deeds
of said County and be recorded in the same manner as other conveyances
of title.
(capitalization in original). The legal descriptions of some of the parcels described in this
condemnation appear to correspond with the legal description of the property owned by
Flying S. Land Co. plaintiffs J & C Partnership and Silverstone & Dake’s Canal, Inc.
8
parcels 074-056-24-0-20-01-002.00-0 and 074-056-24-0-20-01-001.00-0 and Dawson
plaintiffs Conrad C. and Mary R. Cox Trusts No. 1, but it is unclear whether the
condemnation proceedings included the parcels owned by Arnold plaintiffs Rodney and
Tonda Ross’s parcel 102-03-0-00-00-004.00-0 and Flying S. Land Co. plaintiffs Arnold K.
Graham parcel 074-059-31-0-00-00-004.00-0 and Garth Gebhard. Additionally, although
it appears that the condemnation proceedings involved land for a state highway in Phillips
County, Kansas, it is unclear if that state highway was K-383.
A chart created and emailed to defendant’s counsel by an employee of KDOT
identifies the plaintiffs’ parcels that are allegedly separated from the railroad corridor by
K-383. This Kansas Department of Transportation, employee-crafted chart indicates that
it is KDOT’s position that it holds fee title for all but one of the portions of K-383 adjacent
to the plaintiffs’ parcels at issue in these cases. This chart states that KDOT obtained this
part of the state highway right-of-way by deed in 1935 and holds fee simple in these
parcels.
Miscellaneous Adjacency Issues
The parties also have been unable to agree upon miscellaneous adjacency issues
that are distinct from K-383 for the following plaintiffs: Arnold plaintiffs Mark and Shayla
Bailey, Robert Strevey, and Harold and Kristelle Mizell parcel 107-36-0-10-04-001; and
Flying S. Land Co. plaintiffs Gerry and Theresa Tally and James and Janice Bricker.
A road, W. Opelik Street, which is distinct from K-383, appears to run between the
parcel owned by Arnold plaintiffs Mark and Shayla Bailey and the railroad corridor.
Additionally, N. Decatur Street, which is also distinct from K-383, appears to run between
both Arnold plaintiffs Robert Strevey parcel 107-36-0-10-04-002 and Harold and Kristelle
Mizell parcel 107-36-0-10-04-001 and the railroad corridor.
The parties also dispute whether certain parcels belonging to Flying S. Land Co.
plaintiffs Gerry and Theresa Tally and James and Janice Bricker are adjacent to the
railroad corridor. Plaintiffs in Flying S. Land Co. hired an external firm to map these
parcels in relation to the railroad corridor. In reliance on information gathered by this
external firm, plaintiffs argue that Tally parcel 020-141-01-0-30-20-010.00-0 11 is “adjacent
to the railroad corridor for approximately 345 feet. There is no road or parcel in between
the parcel and the corridor on the eastern 345 feet of the parcel. The western portion of
this parcel is blocked by the Church . . . .” In submissions to the court, plaintiffs represent
that, “[t]he County reported that a former street, South Mill Street, was vacated and the
south half of the road sent to the Tally parcel and the north half of the road went to the
Church of Christ parcel.” Plaintiffs rely on a map they allegedly received from the Decatur
County Assessor’s office that appears, albeit blurrily, to state “VACATED STREET” above
11 As noted above, Gerry and Theresa Tally have two claims for two parcels of land. The
parties have stipulated that parcel 020-141-01-0-30-19-005.00-0 is adjacent to the
railroad corridor. The parcel discussed above with adjacency issues is parcel 020-141-
01-0-30-20-010.00-0.
9
the street at issue. (capitalization in original). There is no definitive evidence in the record
that South Mill Street, indeed, was vacated or that the road “went” to the Church of Christ
and Flying S. Land Co. plaintiffs Gerry and Theresa Tally upon being vacated, nor is there
a legal description of what the word “went” means in the submitted document.
With regard to Flying S. Land Co. plaintiffs James and Janice Bricker parcel 020-
124-18-0-00-03-001.00-0, 12 plaintiffs represent that it was separated from the railroad
corridor by a road, South Railroad Street. According to plaintiffs, South Railroad Street
does not appear to be “on the list of vacated streets,” provided by the Recorder of Deeds
in Decatur County, Kansas. Thus, although plaintiffs assert that James and Janice
Bricker’s parcel 020-124-18-0-00-03-001.00-0 is adjacent to the railroad corridor,
plaintiffs recognize that there is a road separating the Bricker parcel from the railroad
corridor.
Conveyances
NKCR acquired the railroad line at issue in these cases from its predecessors-in-
interest, the Burlington, Kansas & Southwestern Railroad Company and the Chicago,
Burlington & Quincy Railroad Company. The railroad, and its predecessors, obtained its
interests in the railroad corridor in five ways: condemnation proceedings, the General
Railroad Right-of-Way Act of 1875, 43 U.S.C. § 934 (1875), private “Right of Way Deeds,”
1950 deeds from the United States, and deeds from the Lincoln Land Company.
In and around 1885, the Burlington, Kansas & Southwestern Railroad Company,
one of NKCR’s predecessors-in-interest, began construction of a railroad line that
traveled through Kansas and Nebraska and acquired land needed to construct the
railroad by condemnation proceedings, the General Railroad Right–of–Way Act of 1875,
private “Right of Way Deeds,” and deeds from the Lincoln Land Company. In 1950, the
Chicago, Burlington & Quincy Railroad Company, which was the successor-in-interest to
the Burlington, Kansas & Southwestern Railroad Company, acquired a portion of the
railroad corridor through deeds entered into by the United States, the railroad company,
Phillips County, Kansas, and Harlan County, Nebraska, to facilitate the construction of
the Harlan County Reservoir and Dam. At the time, part of the railroad line interfered with
the construction of the Harlan County Reservoir and Dam, which was necessary to
address severe flooding in the region, and the Chicago, Burlington & Quincy Railroad
Company entered into an agreement with the United States to construct an alternate
railroad line around the reservoir, through which it obtained the right-of-way to bypass the
reservoir.
The parties have stipulated to the applicable conveyance documents from
plaintiffs’ predecessors-in-interest to the railroad company’s predecessor-in-interest for
all plaintiffs except Flying S. Land Co. plaintiffs Gerry N. and Theresa M. Tally parcels
020-141-01-0-30-20-010.00-0 and 020-141-01-0-30-19-005.00-0, Oberlin Concrete Co.,
12Flying S. Land Co. plaintiffs James and Janice Bricker have three claims for three
parcels of land. The parties have stipulated that parcels 020-124-18-0-00-09-004.00-0
and 020-124-18-0-00-01-001.00-0 are adjacent to the railroad corridor.
10
James and Janice Bricker parcels 020-124-18-0-00-09-004.00-0, 020-124-18-0-00-03-
001.00-0, and 020-124-18-0-00-01-001.00-0, Jerry G. and Connie K. Cox parcel 074-
056-23-0-40-02-002.00-0, Garth Gebhard, Paul and Tammy Vincent, and Silverstone &
Dake’s Canal, Inc. parcel 074-056-24-0-20-01-002.00-0.
Lincoln Land Company Deeds or Condemnation
The parties dispute the applicable source conveyances from plaintiffs’
predecessors-in-title to the railroad company’s predecessor-in-interest for the following
Flying S. Land Co. plaintiffs: Gerry and Theresa Tally parcels 020-141-01-0-30-20-
010.00-0 and 020-141-01-0-30-19-005.00-0, Oberlin Concrete Co., James and Janice
Bricker parcels 020-124-18-0-00-09-004.00-0, 020-124-18-0-00-03-001.00-0, and 020-
124-18-0-00-01-001.00-0, Jerry G. and Connie K. Cox parcel 074-056-23-0-40-02-
002.00-0, Garth Gebhard, Paul and Tammy Vincent, and Silverstone & Dake’s Canal,
Inc. parcel 074-056-24-0-20-01-002.00-0. Plaintiffs contend that the Burlington, Kansas
& Southwestern Railroad Company acquired the railroad corridor over these plaintiffs’
properties through condemnation proceedings in Decatur and Phillips Counties, Kansas.
According to documents submitted by plaintiffs, the Decatur County condemnation was
filed on June 30, 1885, “to lay out a . . . Right of Way for the Burlington, Kansas and
Southwestern Railroad Company . . . .” The Decatur County condemnation includes legal
descriptions of parcels that belonged to Gerry & Theresa Tally parcels 020-141-01-0-30-
20-010.00-0 and 020-141-01-0-30-19-005.00-0 and Oberlin Concrete Co.’s predecessor-
in-title. The Phillips County condemnation was filed on June 30, 1885, for “laying off right
of way . . . for the Burlington, Kansas and South Western Rail Road.” The Phillips County
condemnation does not include legal descriptions matching the legal descriptions owned
by Flying S. Land Co. plaintiffs Gerry and Theresa Tally parcels 020-141-01-0-30-20-
010.00-0 and 020-141-01-0-30-19-005.00-0, Oberlin Concrete Co., James and Janice
Bricker parcels 020-124-18-0-00-09-004.00-0, 020-124-18-0-00-03-001.00-0, and 020-
124-18-0-00-01-001.00-0, Jerry G. and Connie K. Cox parcel 074-056-23-0-40-02-
002.00-0, Garth Gebhard, Paul and Tammy Vincent, and Silverstone & Dake’s Canal,
Inc. parcel 074-056-24-0-20-01-002.00-0. Defendant, however, contends that the
applicable conveyances for these parcels are a series of deeds in which the Lincoln Land
Company granted the land to the railroad company in fee. Defendant also states that a
valuation chart created by the Interstate Commerce Commission (ICC) in 1917 “clearly
identifies four deeds from the Lincoln Land Company to the railroad as the source
conveyance” for the section of the railroad corridor that is adjacent to Flying S. Land Co.
plaintiffs Gerry and Theresa Tally parcels 020-141-01-0-30-20-010.00-0 and 020-141-01-
0-30-19-005.00-0, Oberlin Concrete Co., James and Janice Bricker parcels 020-124-18-
0-00-09-004.00-0, 020-124-18-0-00-03-001.00-0, and 020-124-18-0-00-01-001.00-0,
Jerry G. and Connie K. Cox parcel 074-056-23-0-40-02-002.00-0, Garth Gebhard, Paul
and Tammy Vincent, and Silverstone & Dake’s Canal, Inc. parcel 074-056-24-0-20-01-
002.00-0.
11
Lincoln Land Co. Deeds
The parties have stipulated that NKCR’s predecessor-in-interest obtained its
interest in the sections of the railroad corridor adjacent to Arnold plaintiffs John Arnold
and Susan Bolek parcel 107-36-0-20-02-009-00-0, Mark and Shayla Bailey parcel 107-
36-0-20-13-005, Harold and Kristelle Mizell parcel 107-36-0-10-04-0001, Robert Strevey,
Edwin and Phyllis Yeater through a Lincoln Land Company deed dated February 27,
1886, which is located at book 4, page 424 (Lincoln Land Company Deed 4-424). The
pertinent portion of Lincoln Land Company Deed 4-424 provides:
The Lincoln Land Company to Burlington Kansas & S W. R. R. Co.
In consideration of the payment of One ($1.00[)], Dollar, The Lincoln Land
Company hereby sells and conveys to The Burlington Kansas and South
Western Railroad Company, all of its, right, title, and interest in and to the
following described real estate in Decatur County, and State of Kansas to
wit: [legal description of lots and sections]
Also conveying to said Railroad Company the right of way for the railroad
One hundred feet in width being fifty (50) feet on each side of the center line
thereof and commencing at the North East end of the tract of land herein
before described and running with said center line to its intersection with the
north line of Section No. Thirty six (36) in Township No. Two (2) South, of
Range No. Twenty six (26) west, of the Sixth Principal Meridian. Also the
right of way as aforesaid, commencing at the South West end of said tract,
and running in a South Westerly direction with said Railroad, to intersect the
west line of said Section No. Thirty six (36), subject to the taxes of the year
– 1885 and thereafter. In Witness Whereof, The President of the Lincoln
Land Company has hereunto set his hand, and affixed the seal of the
Company this 29th day of February, 1886.
The parties also have stipulated that NKCR’s predecessor-in-interest obtained an
easement from Lincoln Land Company Deed 4-424 in the section of the railroad corridor
adjacent to Arnold plaintiffs John Arnold and Susan Bolek parcel 107-36-0-20-02-009-00-
0, Mark and Shayla Bailey parcel 107-36-0-20-13-005, Harold and Kristelle Mizell parcel
107-36-0-10-04-0001, and Robert Strevey.
The parties, however, dispute whether NKCR’s predecessor-in-interest obtained a
fee interest or an easement in the section of the railroad corridor adjacent to Arnold
plaintiffs Edwin and Phyllis Yeater’s parcels. Defendant asserts that only the first granting
clause in Lincoln Land Company Deed 4-424 applies to the land underlying the railroad
corridor adjacent to Arnold plaintiffs Edwin and Phyllis Yeater’s parcels. Defendant
contends that the language in the first granting clause of Lincoln Land Company Deed 4-
424 conveyed a fee simple to NKCR’s predecessor-in-interest because the first granting
clause did not contain any restrictions limiting the conveyance to an easement. Plaintiffs,
12
however, argue that Lincoln Land Company Deed 4-424 only conveyed an easement
because the land was conveyed “for the inadequate consideration of $1.”
Condemnation
According to submissions from the parties, the Burlington, Kansas & Southwestern
Railroad Company, NKCR’s predecessor-in-interest, acquired land needed to construct
the railroad, in part, through condemnation proceedings relevant to the following plaintiffs’
predecessors-in-interest: Arnold plaintiffs Susan Bolek and John Arnold parcel 107-35-0-
00-00-003-00-0, B&D Farm, LLC, 13 and Rodney and Tonda Ross parcel 102-03-0-00-00-
004.00-0; Flying S. Land Co. plaintiffs Dolores M. Koerperich Revocable Living Trust
parcel 020-133-05-0-00-00-004.00-0, Clem Koerperich parcels 020-133-05-0-00-00-
003.00-0 and 020-133-08-0-00-00-004.00-0, William C. and Bertha G. Rea, 14 Leo and
Carolyn Zodrow parcel 020-122-09-0-00-00-001.00-0, 15 Flying S. Land Company parcels
020-123-08-0-00-00-004.00-0, 020-122-04-0-00-00-002.00-0, and 020-121-01-0-00-00-
001.00-0, Flying S. Partnership, Dale and Lenora Soderland, Cecil and Lavon Wright, AG
Valley Cooperative, 16 Clayton and Catherine Cox, and J&C Partnership LP; and Dawson
plaintiffs G & M Properties, LP, 17 Linda J. Tomasch, John E. Bremer, and David G.
Bremer. The parties have stipulated that the Burlington, Kansas & Southwestern Railroad
Company obtained only an easement over the land acquired through condemnation that
is adjacent to the above-identified plaintiffs, pursuant to Kansas state law. 18 See Kan.
Gen. Stat. Ch. 23, § 81 (1868); Kan. Cent. Ry. Co. v. Allen, 22 Kan. 285 (1879).
13 The parties have stipulated that NKCR’s interest in the section of the railroad corridor
adjacent to Arnold plaintiff B&D Farm, LLC was obtained by both condemnation and Right
of Way deed.
14 The parties have stipulated that NKCR’s interest in the section of the railroad corridor
adjacent to Flying S. Land Co. plaintiffs William C. and Bertha G. Rea parcel 020-135-15-
0-00-00-003.00-0 was obtained by both condemnation and the General Right-of-Way Act
of 1875 discussed below.
15 The parties have stipulated that NKCR’s interest in the section of the railroad corridor
adjacent to Flying S. Land Co. plaintiffs Leo and Carolyn Zodrow parcel 020-122-09-0-
00-00-001.00-0 was obtained by both condemnation and the General Right-of-Way Act
of 1875.
16The parties have stipulated that NKCR’s interest in the section of the railroad corridor
adjacent to Flying S. Land Co. plaintiff AG Valley Cooperative parcel 069-151-02-0-00-
00-001.00-0-01 was obtained by both condemnation and Right of Way deed.
17The parties have stipulated that NKCR’s interest in the section of the railroad corridor
adjacent to Dawson plaintiff G & M Properties, LP parcel 069-068-34-0-00-00-003-00-0-
01 was obtained by both condemnation and Right of Way deed.
18In its cross-motion for summary judgment, defendant states that Arnold plaintiffs John
Arnold and Susan Bolek “are the only plaintiffs that have set forth sufficient evidence to
13
General Railroad Right–of–Way Act of 1875
In 1875, the United States Congress passed the General Railroad Right–of–Way
Act of 1875 to provide railroad companies “right[s] of way through the public lands of the
United States . . . .” 43 U.S.C. § 934 (1875). The Burlington, Kansas & Southwestern
Railroad Company acquired land needed to construct the railroad at issue, in part,
through the General Railroad Right–of–Way Act of 1875. The land acquired through the
General Railroad Right–of–Way Act of 1875 includes the following plaintiffs’ properties:
Flying S. Land Co. plaintiffs William C. and Bertha G. Rea, Leo and Carolyn Zodrow, and
GRS Revocable Trust. The parties have stipulated that the railroad company obtained
only an easement over the land acquired by the General Railroad Right–of–Way Act of
1875, pursuant to the United States Supreme Court’s ruling in United States v. Brandt,
which held that the General Railroad Right–of–Way Act of 1875 conveyed to railroads
only an easement. See United States v. Brandt, 134 S. Ct. 1257 (2014).
Right of Way Deeds
Additionally, the Burlington, Kansas & Southwestern Railroad Company acquired
land needed to construct the railroad, in part, through private “Right of Way” deeds
exchanged between the railroad company and the following plaintiffs’ predecessors-in-
title: Arnold plaintiffs B&D Farm, LLC, H. Drake and Karen Gebhard, Cecilia Hillebrand,
Jackson Irrevocable Farm Trust, Lee Martin Revocable Trust, Bernice Martin, Harold and
Kristelle Mizell parcel 069-151-01-0-00-00-003-00-0-01, Rodney and Tonda Ross parcel
069-101-02-0-00-00-001-00-0-01, Ricky Temple, L & S Tubbs Family, L.P., John C.
Tweed Trust and Joann Tweed Trust, Ivan and Cathy Bohl Living Trust, and Morlock
Children’s Trust; Flying S. Land Co. plaintiffs Dolores M. Koerperich Revocable Living
Trust parcel 020-133-05-0-00-00-001.00-0, Sauvage Gas Service, Flying S. Land
Company parcel 020-109-31-0-00-001.00-0, Judith E. Nelson, United Methodist Church,
Jonathan and Karen Cozad, 19 Richard and Robert McChesney, Edward Braun, Arnold K.
Graham, et al., Arnold K. Graham, Jerry G. and Connie K. Cox parcel 074-056-23-0-00-
00-003.00-0, Silverstone & Dake’s Canal, Inc. parcels 074-056-24-0-20-01-001.00-0 and
074-056-24-0-20-02-001.00-0, and Craig E. Ingram Living Trust and Genine L. Ingram
Living Trust; and Dawson plaintiffs Conrad C. and Mary R. Cox, 20 Carol K. Ross and Kay
establish that they have an ownership interest” in the segment of the railroad corridor
acquired by condemnation.
19Defendant originally disputed that Jonathan and Karen Cozad owned parcel 020-107-
25-0-00-00-001-00-0. In its motions for partial summary judgment, plaintiffs submitted to
the court deeds proving Jonathan and Karen Cozad owned parcel 020-107-25-0-00-00-
001-00-0 on the date the NITU was issued. Defendant did not address plaintiffs’ evidence,
nor did defendant submit to the court any evidence disputing plaintiffs’ evidence.
20The parties have stipulated that NKCR’s interest in the section of the railroad corridor
adjacent to Conrad C. and Mary R. Cox parcel 74-044-180-00-00-003-00-0 was obtained
by both Right of Way deed and a 1950 deed discussed below.
14
L. Lee, Shirley Kats Revocable Trust and Derek Kats Revocable Trust, Rosemary L.
Mathes, Duane R. and Darlene McEwen, M. Lee Juenemann and Angela Juenemann, G
& M Properties, LP, Joe L. Dawson, Bruce G. Guinn, Jr., Jason and Travis Dial, Larry L.
and Iris L. Smith, trustees of the Larry L. Smith and Iris L. Smith Revocable Living Trust,
and Lloyd E. and Pamela Y. Edgett. The general language of the deeds was consistent
from deed to deed. Only the specific details such as parcel description, grantor, and
consideration changed from deed to deed, none of which are pertinent to the issues in
this opinion.
In pertinent part, the Right of Way deeds state the following:
Know all men by these presents, that [grantor] of the County of Norton and
State of Kansas in consideration of the sum of Twenty (20) dollars, in hand
paid the receipt whereof is hereby acknowledged, do hereby grant, bargain,
sell and convey unto the Burlington, Kansas & Southwestern Railroad
Company, its successors and assigns, the following described Real Estate
in Norton, County, State of Kansas, to wit:
A Strip of ground 100 feet Wide, it being 50 feet on each side of the center
line of the Railroad of said Company, as located upon the [specific
description of lot and section].
To have & to hold the same with the said Railroad Company its successors
& assigns forever[.] And in addition to the right of way described above, I
hereby grant for myself & my heirs & assigns the right to said Railroad
Company to erect & maintain a snow fence for the term of four months each
& every year after the date of this instrument at any point within one hundred
feet on either or both sides of the centerline of the said Railroad as now
located on the above described land, said terms of four months to begin on
November 15th & end March 15th, each year.
All of the Right of Way deeds were entered into in 1885 or 1886 and ranged in
consideration from $1.00 to $150.00.
1950 Deeds
The Chicago, Burlington & Quincy Railroad Company, one of NKCR’s
predecessors-in-interest, acquired the land needed to reroute part of the railroad right-of-
way around the Harlan County Dam and Reservoir Project through two quitclaim deeds
from the United States in 1950. One of the quitclaim deeds was for land located in Harlan
County, Nebraska, and the other quitclaim deed was for land located in Phillips County,
Kansas. The land the railroad company acquired through the Phillips County, Kansas
deed with the United States includes the following plaintiffs’ properties: Flying S. Land
Co. plaintiffs Culbertson Farms, LLC, Perry and Ila Mae Schelling, James Holterman, and
Orville and Pauline Holterman Revocable Trust and Dawson plaintiffs Conrad C. and
Mary R. Cox. The land the railroad company acquired through the Harlan County,
15
Nebraska deed with the United States relates to Flying S. Land Co. plaintiff Silverstone &
Dake’s Canal, Inc. parcels 260014100, 360004300, 380012500.
The 1950 Phillips County, Kansas deed is reproduced, in pertinent part, below:
THIS DEED, Made this 17th day of November, 1950, by and between the
United States of America, acting by and through the Secretary of the Army,
pursuant to authority contained in Section 2 of the Act of 20 June 1938 (52
Stat. 804, U.S.C.A. 558b) as extended by Section 3 of the Act of 11 August
1939 (53 Stat. 1414, 33 U.S.C.A. 558b-1), party of the First Part and the
Chicago, Burlington & Quincy Railroad Company, a company organized
and existing under the laws of the State of Illinois, of the City of Chicago, in
the State of Illinois, party of the Second Part.
WHEREAS, The United States of America has undertaken the development
of the Harlan County Dam and Reservoir Project in Harlan County,
Nebraska; and
WHEREAS, The Chicago, Burlington and Quincy Railroad Company owned
and operated a branch line and railroad between Republican City,
Nebraska, and Long Island, Kansas, which interfered with the use of the
Dam and Reservoir area by the United States of America; and
WHEREAS, Because of such interference, it became necessary for the
United States of America to construct a railroad above the maximum
Reservoir pool level in lieu of that portion of such branch line within the
area to be inundated; and
WHEREAS, On the first day of August, 1947, an agreement was entered
into by and between the party of the First Part and the party of the Second
Part for the relocation, rearrangement, and alteration of facilities of the party
of the Second Part, which agreement provided further for the exchange of
properties of the party of the First Part and party of the Second Part; NOW
THEREFORE
KNOW ALL MEN BY THESE PRESENTS:
That the party of the First Part, for and in consideration of the covenants
and recitals contained in agreement heretofore referred to and the
exchange of properties as provided for therein does by these presents
remise, release and quitclaim unto the said party of the Second Part, its
successors and assigns, all its right, title and interest in and to the following
described property situated in the County of Phillips and State of Kansas,
to wit:
[specific description of lot and section and description of the metes and
bounds for a series of properties]
16
TO HAVE AND TO HOLD the above described premises unto the party of
the Second Part, its successors and assigns forever, with all appurtenances
thereunto belonging.
SUBJECT to the following reservation: All uranium, thorium, and all other
materials determined pursuant to Section 5(b)(1) of the Atomic Energy Act
of 1945 (60 Stat. 761) to be particularly essential to the production of
fissionable material, contained, in whatever concentration, in deposits in the
lands covered by this instrument are hereby reserved for the use of the
United States, together with the right of the United States through its
authorized agents or representatives at any time to enter upon the land and
prospect for, mine, and remove the same, making just compensation for
any damage or injury occasioned thereby. However, such land may be
used, and any rights otherwise acquired by this disposition may be
exercised, as if no reservation of such materials had been made; except
that, when such use results in the extraction of any such material from the
land in quantities which may not be transferred or delivered without a
license under the Atomic Energy Act of 1946, as it now exists or may
hereafter be amended, such material shall be the property of the United
States Atomic Energy Commission, and the Commission may require
delivery of such material to it by any possessor thereof after such material
has been separated as such from the ores in which it was contained. If the
Commission requires the delivery of such material to it, it shall pay to the
person mining or extracting the same, or to such person as the Commission
determines to be entitled thereto, such sums, including profits, as the
Commission deems fair and reasonable for the discovery, mining,
development, production, extraction, and other services performed with
respect to such material prior to such delivery but such payment shall not
include any amount on account of the value of such material before removal
from its place of deposit in nature. If the Commission does not require the
delivery of such material to it, the reservation hereby made shall be of no
further force or effect.
Acceptance by the Second Party of this conveyance shall not constitute a
waiver of any of its rights under contract No. W-23-028-ang-1560, dated
August 1, 1947, between the parties hereto and all of such rights are
expressly reserved to the Second Party.
IN WITNESS WHEREOF, the party of the First Part has caused these
presents to be executed in its name by the Secretary of the Army and the
Seal of the Department of the Army to be hereunto affixed the day and year
first above written.
(capitalization in original).
17
The Harlan County deed is identical to the Phillips County deed except it includes
the following language after the specific descriptions of the properties being conveyed:
together with all easements appurtenant thereto more particularly described
as follows:
A perpetual easement in connection with the construction, operation, and
maintenance of a railroad including the right to make and maintain drainage
improvements, to borrow and excavate thereon, to remove dirt and other
materials therefrom, and such other uses as may be necessary in
connection with said railroad construction, operation, and maintenance
upon, over, and across the following described lands:
[specific description of lot and section and description of the metes and
bounds for a series of properties]
Procedural History
Plaintiffs in Arnold and Flying S. Land Co. filed their initial complaints against
defendant in the United States Court of Federal Claims on October 26, 2015. 21 Plaintiffs
in Dawson filed their initial complaint against defendant in this court on October 27,
2015. 22 Plaintiffs in Arnold filed their first and final amended complaint on March 18, 2016;
plaintiffs in Flying S. Land Co. filed their third and final amended complaint on January
12, 2017; and plaintiffs in Dawson filed their fifth and final amended complaint on July 20,
2017. 23 The court issued an order on July 7, 2017, instructing plaintiffs each to file their
“partial motions for summary judgment regarding title issues, including fee or easement,
as well as adjacency and the centerline presumption.” 24 Subsequently, the plaintiffs in all
21 Arnold was originally assigned to Judge Braden. On January 12, 2016, Arnold was
reassigned to the undersigned for all further proceedings. Flying S. Land Co. was
originally assigned to the undersigned on October 26, 2015.
22Dawson was originally assigned to Judge Firestone. On November 12, 2015, Dawson
was reassigned to Judge Braden. Dawson was reassigned to the undersigned on January
12, 2016 for all further proceedings.
23 Plaintiffs in Flying S. Land Co. filed their first amended complaint on December 17,
2015 and their second amended complaint on May 20, 2016. Plaintiffs in Dawson filed
their first amended complaint on May 6, 2016, their second amended complaint on August
5, 2016, their third amended complaint on October 26, 2016, and their fourth amended
complaint on February 1, 2017.
24Although defendant initially appeared to indicate that it would dispute the application of
the centerline presumption to plaintiffs in these three cases, in its cross motions for partial
summary judgment, defendant states that “[t]he United States does not dispute that this
[centerline] presumption exists under Kansas and Nebraska law. . . .” As a result, the
parties do not dispute the theory of the centerline presumption in Kansas and Nebraska,
18
three cases filed their motions for partial summary judgment. These motions pertain to
adjacency and title issues, as well as fee or easement issues, as the court instructed.
Defendant responded to each motion and cross-moved for summary judgment in all three
cases. 25 Additionally, the court instructed the parties to file joint transcriptions of the
Lincoln Land Company deeds, as the Lincoln Land Company deeds originally submitted
to the court were illegible. The court also instructed the parties to submit several filings
addressing additional issues found within the parties’ partial motions for summary
judgments. The cross-motions in all three cases are fully briefed.
On November 17, 2017, following the Supreme Court of Kansas’ October 27, 2017
decision in Jenkins v. Chicago Pacific Corp., 403 P.3d 1213 (Kan. 2017), defendant filed
its notice of partial withdrawal of its cross-motion for summary judgment in Arnold, Flying
S. Land Co., and Dawson. In its notice, defendant stated the “Jenkins opinion expounds
upon and clarifies Kansas law regarding the construction of deeds to a railroad company
that have all of the attributes of a fee simple conveyance, but are nonetheless implied
under state law as conveying only an easement,” and that defendant had undertaken a
review of the deeds at issue in these cases. Defendant also indicated that it
“acknowledges that several of the deeds in this action are similar to the deed in Jenkins
that the Kansas Supreme Court ruled should be interpreted to convey only an easement
because the language implied a railroad use.” Accordingly, defendant withdrew its cross-
motions for summary judgment as to the issue of fee ownership of the railroad for the
but dispute whether certain plaintiffs are adjacent to the railroad corridor, such that the
centerline presumption would apply.
25 Plaintiffs in Flying S. Land Co. also moved for partial summary judgment on the issue
of whether NKCR abandoned the railroad corridor under Kansas law. In their motion for
partial summary judgment, Flying S. Land Co. plaintiffs state:
in the event the Court believes Plaintiffs have not sufficiently shown that the
railroad only held an easement for railroad purposes and trail use exceeds
the scope of the easement issue, i.e., in the event the Court believes that
the grant of the railroad’s easement was broad enough to encompass a
recreational trail, Plaintiffs now address the abandonment issue.
Flying S. Land Co. plaintiffs argue that “NKCR clearly abandoned the right-of-way.” As
the court’s analysis will show, the easements held by NKCR were limited to railroad
purposes. The court, therefore, does not address Flying S. Land Co. plaintiffs’ argument
regarding abandonment of the railroad corridor under Kansas law.
Additionally, in their motion for partial summary judgment, Flying S. Land Co. plaintiffs
argue “that the terms of the railroad’s easements were limited to use for railroad purposes,
i.e., authorization for recreational use went beyond the scope of the easement . . . .”
As discussed, the court’s opinion only addresses issues of title and adjacency.
Accordingly, the court does not address Flying S. Land Co. plaintiffs’ partial motion for
summary judgment regarding whether recreational trail use exceeds the scope of the
NKCR’s easements.
19
following plaintiffs: Arnold plaintiffs B&D Farm, LLC parcel 136-14-0-00-00-002-00-0, H.
Drake and Karen Gebhard, Cecilia Hillebrand, Jackson Irrevocable Farm Trust, Lee
Martin Revocable Trust, Bernice Martin, Harold & Kristelle Mizell parcel 069-151-01-0-
00-00-003-00-0-01, Rodney and Tonda Ross 069-101-02-0-00-00-001-00-0-01, Ricky
Temple, L&S Tubbs Family, L.P., John C. Tweed Trust and Joan Tweed Trust, Ivan and
Cathy Bohl Living Trust, and Morlock Children’s Trust, Flying S. Land Co. plaintiffs
Dolores M. Koerperich Revocable Living Trust parcel 020-133-05-0-00-00-001.00-0,
Sauvage Gas Service, Inc., James and Janice Bricker, Flying S Land Co. parcel 020-109-
31-0-00-00-001.00-0, Judith E. Nelson, United Methodist Church, Karen and Jonathan
Cozad, Richard and Robert McChesney, Edward Braun, Arnold K. Graham, et al., Arnold
K. Graham, Jerry G. and Connie K. Cox, Garth Gebhard, Paul and Tammy Vincent,
Silverstone & Dake’s Canal, Inc. parcels 074-056-24-0-20-02-001.00-0 and 074-056-24-
0-20-01-001.00-0, and Craig E. Ingram Living Trust & Genine L. Ingram Living Trust, and
Dawson plaintiffs Conrad C. and Mary C. Cox Trusts No. 1, 26 Carol K. Ross and Kay L.
Lee, Trustees of the Carol K. Ross Trust No. 1, Shirley Kats Revocable Trust and Derek
Kats Revocable Trust, Rosemary L. Mathes, M. Lee Juenemann and Angela Juenemann,
G & M Properties, LP, Joe L. Dawson, Bruce G. Guinn, Jr., Jason and Travis Dial, Larry
L. Smith and Iris L. Smith, Trustees of the Larry L. Smith and Iris L. Smith Revocable
Living Trust; and Lloyd E. and Pamela Y. Edgett. Defendant also submitted to this court
in each case a revised chart regarding title issues, which indicated defendant agreed that
NKCR only possessed an easement in the sections of the railroad corridor adjacent to
the plaintiffs identified in defendant’s November 17, 2017 notice. 27
DISCUSSION
The court considers the parties’ cross-motions for partial summary judgment.
RCFC 56 is similar to Rule 56 of the Federal Rules of Civil Procedure in language and
26 Dawson plaintiff Conrad C. and Mary R. Cox Trusts No. 1 owns two parcels at issue in
this case, parcels 74-044-180-00-00-003-00-0 and 74-056-130-00-00-005-00-0. NKCR’s
predecessor-in-interest acquired its interest in the land underlying the railroad corridor
adjacent to parcel 74-044-180-00-00-003-00-0 partially by private Right of Way deed and
partially by a 1950s deed from the United States. NKCR’s predecessor-in-interest
acquired its interest in the land underlying the railroad corridor adjacent to parcel 74-056-
130-00-00-005-00-0 entirely by private Right of Way deed. Defendant only withdrew its
cross-motion for summary judgment as to the issue of fee ownership for the sections of
the parcels that were obtained by Right of Way deed.
27 Subsequently, on February 23, 2018, defendant submitted a filing to the court that
stated “[a]fter reviewing the prior filings and exhibits, it appears that counsel for the United
States accidentally included Plaintiffs [Paul and Tammy] Vincent’s property in its
November 17, 2017 Notice of Partial Withdrawal of its Cross-Motion for Summary
Judgment.” (capitalization in original). Defendant stated that “the Court should interpret
that this deed [Lincoln Land Company Deed] K-488, which is the applicable source deed
for both Plaintiffs Vincent’s property and Silverstone & Dake’s Canal’s parcel number 074-
056-24-0-20-01-002.00-01, conveyed a fee interest to the railroad.” (capitalization in
original) (footnote omitted).
20
effect. Both rules provide that “[t]he court shall grant summary judgment if the movant
shows that there is no genuine dispute as to any material fact and the movant is entitled
to judgment as a matter of law.” RCFC 56(a) (2017); Fed. R. Civ. P. 56(a) (2017); see
also Alabama v. North Carolina, 560 U.S. 330, 344 (2010); Hunt v. Cromartie, 526 U.S.
541, 549 (1999); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986); Adickes
v. S. H. Kress & Co., 398 U.S. 144, 157 (1970); Biery v. United States, 753 F.3d 1279,
1286 (Fed. Cir.), reh’g and reh’g en banc denied (Fed. Cir. 2014); Ladd v. United States,
713 F.3d 648, 651 (Fed. Cir. 2013); Minkin v. Gibbons, P.C., 680 F.3d 1341, 1349 (Fed.
Cir. 2012); Noah Sys., Inc. v. Intuit Inc., 675 F.3d 1302, 1309-10 (Fed. Cir. 2012);
Advanced Fiber Techs. (AFT) Trust v. J & L Fiber Servs., Inc., 674 F.3d 1365, 1372 (Fed.
Cir.), reh’g and reh’g en banc denied (Fed. Cir. 2012); Fujitsu Ltd. v. Netgear Inc., 620
F.3d 1321, 1325 (Fed. Cir.), reh’g denied (Fed. Cir. 2010); Consol. Coal Co. v. United
States, 615 F.3d 1378, 1380 (Fed. Cir.), reh’g and reh’g en banc denied (Fed. Cir. 2010),
cert. denied, 564 U.S. 1004 (2011); 1st Home Liquidating Trust v. United States, 581 F.3d
1350, 1355 (Fed. Cir. 2009); Arko Exec. Servs., Inc. v. United States, 553 F.3d 1375,
1378 (Fed. Cir. 2009); Casitas Mun. Water Dist. v. United States, 543 F.3d 1276, 1283
(Fed. Cir. 2008), reh’g and reh’g en banc denied, 556 F.3d 1329 (Fed. Cir. 2009); Moden
v. United States, 404 F.3d 1335, 1342 (Fed. Cir.), reh’g and reh’g en banc denied (Fed.
Cir. 2005); Am. Pelagic Fishing Co., L.P. v. United States, 379 F.3d 1363, 1370-71 (Fed.
Cir.), reh’g en banc denied (Fed. Cir. 2004), cert. denied, 545 U.S. 1139 (2005); Mata v.
United States, 114 Fed. Cl. 736, 744 (2014); Leggitte v. United States, 104 Fed. Cl. 315,
317 (2012); Arranaga v. United States, 103 Fed. Cl. 465, 467-68 (2012); Cohen v. United
States, 100 Fed. Cl. 461, 469 (2011); Boensel v. United States, 99 Fed. Cl. 607, 610
(2011).
A fact is material if it will make a difference in the result of a case under the
governing law. See Anderson v. Liberty Lobby, Inc., 477 U.S. at 248; see also Marriott
Int’l Resorts, L.P. v. United States, 586 F.3d 962, 968 (Fed. Cir. 2009) (quoting Anderson
v. Liberty Lobby, Inc., 477 U.S. at 248); Mata v. United States, 114 Fed. Cl. at 744;
Arranaga v. United States, 103 Fed. Cl. at 467-68; Thompson v. United States, 101 Fed.
Cl. 416, 426 (2011); Cohen v. United States, 100 Fed. Cl. at 469. Irrelevant or
unnecessary factual disputes do not preclude the entry of summary judgment. See
Anderson v. Liberty Lobby, Inc., 477 U.S. at 247-48; see also Scott v. Harris, 550 U.S.
372, 380 (2007); Monon Corp. v. Stoughton Trailers, Inc., 239 F.3d 1253, 1257 (Fed. Cir.
2001); Gorski v. United States, 104 Fed. Cl. 605, 609 (2012); Walker v. United States, 79
Fed. Cl. 685, 692 (2008); Curtis v. United States, 144 Ct. Cl. 194, 199, 168 F. Supp. 213,
216 (1958), cert. denied, 361 U.S. 843 (1959), reh’g denied, 361 U.S. 941 (1960).
When reaching a summary judgment determination, the judge’s function is not to
weigh the evidence and determine the truth of the case presented, but to determine
whether there is a genuine issue for trial. See Anderson v. Liberty Lobby, Inc., 477 U.S.
at 249; see, e.g., Schlup v. Delo, 513 U.S. 298, 332 (1995); Ford Motor Co. v. United
States, 157 F.3d 849, 854 (Fed. Cir. 1998) (“Due to the nature of the proceeding, courts
do not make findings of fact on summary judgment.”); TigerSwan, Inc. v. United States,
118 Fed. Cl. 447, 451 (2014); Dana R. Hodges Trust v. United States, 111 Fed. Cl. 452,
455 (2013); Cohen v. United States, 100 Fed. Cl. at 469-70; Boensel v. United States, 99
21
Fed. Cl. at 611; Macy Elevator, Inc. v. United States, 97 Fed. Cl. 708, 717 (2011); Dick
Pacific/GHEMM, JV ex rel. W.A. Botting Co. v. United States, 87 Fed. Cl. 113, 126 (2009);
Johnson v. United States, 49 Fed. Cl. 648, 651 (2001), aff’d, 52 F. App’x 507 (Fed. Cir.
2002), published at 317 F.3d 1331 (Fed. Cir. 2003). The judge must determine whether
the evidence presents a disagreement sufficient to require submission to fact finding, or
whether the issues presented are so one-sided that one party must prevail as a matter of
law. See Anderson v. Liberty Lobby, Inc., 477 U.S. at 250-52; Jay v. Sec’y of Dep’t of
Health and Human Servs., 998 F.2d 979, 982 (Fed. Cir.), reh’g denied and en banc
suggestion declined (Fed. Cir. 1993); Leggitte v. United States, 104 Fed. Cl. at 316. When
the record could not lead a rational trier of fact to find for the nonmoving party, there is no
genuine issue for trial, and the motion must be granted. See, e.g., Matsushita Elec. Indus.
Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986); Advanced Fiber Techs. (AFT) Trust
v. J & L Fiber Servs., Inc., 674 F.3d at 1372; Marriott Int’l Resorts, L.P. v. United States,
586 F.3d at 968; Am. Seating Co. v. USSC Grp., Inc., 514 F.3d 1262, 1266 (Fed. Cir.),
reh’g en banc denied (Fed. Cir. 2008); Rothe Dev. Corp. v. U.S. Dep’t of Def., 262 F.3d
1306, 1316 (Fed. Cir. 2001); Hall v. Aqua Queen Mfg., Inc., 93 F.3d 1548, 1553 n.3 (Fed.
Cir. 1996). In such cases, there is no need for the parties to undertake the time and
expense of a trial, and the moving party should prevail without further proceedings.
In appropriate cases, summary judgment:
saves the expense and time of a full trial when it is unnecessary. When the
material facts are adequately developed in the motion papers, a full trial is
useless. “Useless” in this context means that more evidence than is already
available in connection with the motion for summary judgment could not
reasonably be expected to change the result.
Dehne v. United States, 23 Cl. Ct. 606, 614-15 (1991) (quoting Pure Gold, Inc. v. Syntex,
(U.S.A.) Inc., 739 F.2d 624, 626 (Fed. Cir. 1984)), vacated on other grounds, 970 F.2d
890 (Fed. Cir. 1992) (citation omitted); see also Vivid Techs., Inc. v. Am. Sci. & Eng’g,
Inc., 200 F.3d 795, 806 (Fed. Cir. 1999) (“The purpose of summary judgment is not to
deprive a litigant of a trial, but to avoid an unnecessary trial when only one outcome can
ensue.”); Metric Constr. Co., Inc. v. United States, 73 Fed. Cl. 611, 612 (2006).
Summary judgment, however, will not be granted if “the dispute about a material
fact is ‘genuine,’ that is, if the evidence is such that a reasonable [trier of fact] could return
a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. at 248; see
also Long Island Sav. Bank, FSB v. United States, 503 F.3d 1234, 1244 (Fed. Cir.), reh’g
and reh’g en banc denied (Fed. Cir. 2007), cert. denied, 555 U.S. 812 (2008); Eli Lilly &
Co. v. Barr Labs., Inc., 251 F.3d 955, 971 (Fed. Cir.), reh’g and reh’g en banc denied
(Fed. Cir. 2001), cert. denied, 534 U.S. 1109 (2002); Gen. Elec. Co. v. Nintendo Co., 179
F.3d 1350, 1353 (Fed. Cir. 1999); TigerSwan, Inc. v. United States, 118 Fed. Cl. at 451;
Stephan v. United States, 117 Fed. Cl. 68, 70 (2014); Gonzales-McCaulley Inv. Grp., Inc.
v. United States, 101 Fed. Cl. 623, 629 (2011). In other words, if the nonmoving party
produces sufficient evidence to raise a question as to the outcome of the case, then the
motion for summary judgment should be denied. Any doubt over factual issues must be
22
resolved in favor of the party opposing summary judgment, to whom the benefit of all
presumptions and inferences runs. See Ricci v. DeStefano, 557 U.S. 557, 586 (2009);
Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. at 587-88; Yant v. United
States, 588 F.3d 1369, 1371 (Fed. Cir. 2009), cert. denied, 562 U.S. 827 (2010);
Dethmers Mfg. Co. v. Automatic Equip. Mfg. Co., 272 F.3d 1365, 1369 (Fed. Cir. 2001),
reh’g and reh’g en banc denied, 293 F.3d 1364 (Fed. Cir. 2002), cert. denied, 539 U.S.
957 (2003); Monon Corp. v. Stoughton Trailers, Inc., 239 F.3d at 1257; Wanlass v.
Fedders Corp., 145 F.3d 1461, 1463 (Fed. Cir.), reh’g denied and en banc suggestion
declined (Fed. Cir. 1998); see also Am. Pelagic Co. v. United States, 379 F.3d at 1371
(citing Helifix Ltd. v. Blok-Lok, Ltd., 208 F.3d 1339, 1345-46 (Fed. Cir. 2000)); Dana R.
Hodges Trust v. United States, 111 Fed. Cl. at 455; Boensel v. United States, 99 Fed. Cl.
at 611 (“‘The evidence of the nonmovant is to be believed, and all justifiable inferences
are to be drawn in his favor.’” (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. at 255)
(citing Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. at 587-88; Casitas
Mun. Water Dist. v. United States, 543 F.3d at 1283; Lathan Co. Inc. v. United States, 20
Cl. Ct. 122, 125 (1990))); see also Am. Seating Co. v. USSC Grp., Inc., 514 F.3d at 1266-
67; Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d at 807. “However, once a moving
party satisfies its initial burden, mere allegations of a genuine issue of material fact without
supporting evidence will not prevent entry of summary judgment.” Republic Sav. Bank,
F.S.B. v. United States, 584 F.3d 1369, 1374 (Fed. Cir. 2009); see also Anderson v.
Liberty Lobby, Inc., 477 U.S. at 247-48.
The initial burden on the party moving for summary judgment to produce evidence
showing the absence of a genuine issue of material fact may be discharged if the moving
party can demonstrate that there is an absence of evidence to support the nonmoving
party’s case. See Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986); see also Riley &
Ephriam Constr. Co. v. United States, 408 F.3d 1369, 1371 (Fed. Cir. 2005); Crown
Operations Int’l Ltd. v. Solutia Inc., 289 F.3d 1367, 1377 (Fed. Cir.), reh’g denied (Fed.
Cir. 2002); Trilogy Commc’ns, Inc. v. Times Fiber Commc’ns, Inc., 109 F.3d 739, 741
(Fed. Cir.) (quoting Conroy v. Reebok Int’l, Ltd., 14 F.3d 1570, 1575 (Fed. Cir. 1994),
reh’g denied and en banc suggestion declined (Fed. Cir. 1995)), reh’g denied and en
banc suggestion declined (Fed. Cir. 1997); Lockwood v. Am. Airlines, Inc., 107 F.3d 1565,
1569 (Fed. Cir. 1997); Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d at 807; RQ
Squared, LLC v. United States, 119 Fed. Cl. 751, 757-58 (2015), subsequent
determination, 129 Fed. Cl. 742 (2017), aff’d, 708 F. App’x 685 (Fed. Cir. 2018). If the
moving party makes such a showing, the burden shifts to the nonmoving party to
demonstrate that a genuine dispute regarding a material fact exists by presenting
evidence which establishes the existence of an element essential to its case upon which
it bears the burden of proof. See Celotex Corp. v. Catrett, 477 U.S. at 322; see also
Wavetronix LLC v. EIS Elec. Integrated Sys., 573 F.3d 1343, 1354 (Fed. Cir. 2009); Long
Island Sav. Bank, FSB v. United States, 503 F.3d at 1244; Fla. Power & Light Co. v.
United States, 375 F.3d 1119, 1124 (Fed. Cir. 2004); Schoell v. Regal Marine Indus., Inc.,
247 F.3d 1202, 1207 (Fed. Cir. 2001); Am. Airlines, Inc. v. United States, 204 F.3d 1103,
1108 (Fed. Cir. 2000); Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d at 807;
Rasmuson v. United States, 109 Fed. Cl. 267, 271 (2013). However, “a non-movant is
required to provide opposing evidence under Rule 56(e) only if the moving party has
23
provided evidence sufficient, if unopposed, to prevail as a matter of law.” Saab Cars USA,
Inc. v. United States, 434 F.3d 1359, 1369 (Fed. Cir. 2006).
Even if both parties argue in favor of summary judgment and allege an absence of
genuine issues of material fact, the court is not relieved of its responsibility to determine
the appropriateness of summary disposition in a particular case, and it does not follow
that summary judgment should be granted to one side or the other. See Prineville Sawmill
Co. v. United States, 859 F.2d 905, 911 (Fed. Cir. 1988) (citing Mingus Constructors, Inc.
v. United States, 812 F.2d 1387, 1391 (Fed. Cir. 1987)); see also Marriott Int’l Resorts,
L.P. v. United States, 586 F.3d at 968-69; B.F. Goodrich Co. v. U.S. Filter Corp., 245 F.3d
587, 593 (6th Cir. 2001); Atl. Richfield Co. v. Farm Credit Bank of Wichita, 226 F.3d 1138,
1148 (10th Cir. 2000); Chevron USA, Inc. v. Cayetano, 224 F.3d 1030, 1037 n.5 (9th Cir.
2000), cert. denied, 532 U.S. 942 (2001); Bubble Room, Inc. v. United States, 159 F.3d
553, 561 (Fed. Cir. 1998) (“The fact that both the parties have moved for summary
judgment does not mean that the court must grant summary judgment to one party or the
other.”), reh’g denied and en banc suggestion declined (Fed. Cir. 1999); Allstate Ins. Co.
v. Occidental Int’l, Inc., 140 F.3d 1, 2 (1st Cir. 1998); Massey v. Del Labs., Inc., 118 F.3d
1568, 1573 (Fed. Cir. 1997); LewRon Television, Inc. v. D.H. Overmyer Leasing Co., 401
F.2d 689, 692 (4th Cir. 1968), cert. denied, 393 U.S. 1083 (1969); Rogers v. United
States, 90 Fed. Cl. 418, 427 (2009), subsequent determination, 93 Fed. Cl. 607 (2010),
aff’d, 814 F.3d 1299 (2015); Consol. Coal Co. v. United States, 86 Fed. Cl. 384, 387
(2009), aff’d, 615 F.3d 1378, (Fed. Cir.), and reh’g and reh’g en banc denied (Fed. Cir.
2010), cert. denied, 564 U.S. 1004 (2011); St. Christopher Assocs., L.P. v. United States,
75 Fed. Cl. 1, 8 (2006), aff’d, 511 F.3d 1376 (Fed. Cir. 2008); Reading & Bates Corp. v.
United States, 40 Fed. Cl. 737, 748 (1998). The court must evaluate each party’s motion
on its own merits, taking care to draw all reasonable inferences against the party whose
motion is under consideration, or, otherwise stated, in favor of the non-moving party. See
First Commerce Corp. v. United States, 335 F.3d 1373, 1379 (Fed. Cir.), reh’g and reh’g
en banc denied (Fed. Cir. 2003); see also DeMarini Sports, Inc. v. Worth, Inc., 239 F.3d
1314, 1322 (Fed. Cir. 2001); Gart v. Logitech, Inc., 254 F.3d 1334, 1338-39 (Fed. Cir.),
reh’g and reh’g en banc denied (Fed. Cir. 2001), cert. denied, 534 U.S. 1114 (2002);
Oswalt v. United States, 85 Fed. Cl. 153, 158 (2008); Telenor Satellite Servs., Inc. v.
United States, 71 Fed. Cl. 114, 119 (2006).
“Questions of law are particularly appropriate for summary judgment.” Oenga v.
United States, 91 Fed. Cl. 629, 634 (2010) (citing Dana Corp. v. United States, 174 F.3d
1344, 1347 (Fed. Cir. 1999) (“Summary judgment was appropriate here [in Dana Corp.]
because no material facts were disputed, many being stipulated, and the only disputed
issues were issues of law. Moreover, on each issue one party or the other is entitled to
judgment as a matter of law.”)); see also Santa Fe Pac. R.R. v. United States, 294 F.3d
1336, 1340 (Fed. Cir. 2002) (“Issues of statutory interpretation and other matters of law
may be decided on motion for summary judgment.”).
In the above-captioned cases plaintiffs allege that defendant effected a taking
under the Fifth Amendment to the United States Constitution through operation of the
Trails Act. The Takings Clause of the Fifth Amendment to the United States Constitution
24
provides in pertinent part: “nor shall private property be taken for public use without just
compensation.” U.S. Const. amend. V. The purpose of this Fifth Amendment provision is
to prevent the government from “‘forcing some people alone to bear public burdens which,
in all fairness and justice, should be borne by the public as a whole.’” Palazzolo v. Rhode
Island, 533 U.S. 606, 618 (2001) (quoting Armstrong v. United States, 364 U.S. 40, 49
(1960)), abrogated on other grounds by Lingle v. Chevron U.S.A. Inc., 544 U.S. 528
(2005), recognized by Hageland Aviation Servs., Inc. v. Harms, 210 P.3d 444 (Alaska
2009); see also Penn Cent. Transp. Co. v. City of New York, 438 U.S. 104, 123-24, reh’g
denied, 439 U.S. 883 (1978); Lingle v. Chevron U.S.A. Inc., 544 U.S. 528, 536 (2005); E.
Enters. v. Apfel, 524 U.S. 498, 522 (1998); Pumpelly v. Green Bay & Miss. Canal Co., 80
U.S. (13 Wall.) 166, 179 (1871) (citing to principles which establish that “private property
may be taken for public uses when public necessity or utility requires” and that there is a
“clear principle of natural equity that the individual whose property is thus sacrificed must
be indemnified”); Rose Acre Farm, Inc. v. United States, 559 F.3d 1260, 1266 (Fed. Cir.),
reh’g en banc denied (Fed. Cir. 2009), cert. denied, 559 U.S. 935 (2010); Janowsky v.
United States, 133 F.3d 888, 892 (Fed. Cir. 1998); Res. Invs., Inc. v. United States, 85
Fed. Cl. 447, 469-70 (2009).
“[A] claim for just compensation under the Takings Clause must be brought to the
Court of Federal Claims in the first instance, unless Congress has withdrawn the Tucker
Act grant of jurisdiction in the relevant statute.” E. Enters. v. Apfel, 524 U.S. at 520 (citing
Ruckelshaus v. Monsanto Co., 467 U.S. 986, 1016-19 (1984)); see also Acceptance Ins.
Cos. v. United States, 503 F.3d 1328, 1336 (Fed. Cir. 2007); Morris v. United States, 392
F.3d 1372, 1375 (Fed. Cir. 2004) (“Absent an express statutory grant of jurisdiction to the
contrary, the Tucker Act provides the Court of Federal Claims exclusive jurisdiction over
takings claims for amounts greater than $10,000.”). The United States Supreme Court
has declared: “If there is a taking, the claim is ‘founded upon the Constitution’ and within
the jurisdiction of the [United States Court of Federal Claims] to hear and determine.”
Preseault v. Interstate Commerce Comm’n, 494 U.S. 1, 12 (1990) (Preseault I) (quoting
United States v. Causby, 328 U.S. 256, 267 (1946)); see also Lion Raisins, Inc. v. United
States, 416 F.3d 1356, 1368 (Fed. Cir. 2005); Narramore v. United States, 960 F.2d 1048,
1052 (Fed. Cir. 1992); Hardy v. United States, 127 Fed. Cl. 1, 7 (2016); Perry v. United
States, 28 Fed. Cl. 82, 84 (1993).
To succeed under the Fifth Amendment Takings Clause, a plaintiff must show that
the government took a private property interest for public use without just compensation.
See Dimare Fresh, Inc. v. United States, 808 F.3d 1301, 1306 (Fed. Cir. 2015) (stating
that the “‘classic taking’” is one in which the government directly appropriates private
property for its own use (quoting Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg’l Planning
Agency, 535 U.S. 302, 324 (2002)), cert. denied, 136 S. Ct. 2461 (2016); Adams v. United
States, 391 F.3d 1212, 1218 (Fed. Cir. 2004), cert. denied, 546 U.S. 811 (2005); Arbelaez
v. United States, 94 Fed. Cl. 753, 762 (2010); Gahagan v. United States, 72 Fed. Cl. 157,
162 (2006). “The issue of whether a taking has occurred is a question of law based on
factual underpinnings.” Huntleigh USA Corp. v. United States, 525 F.3d 1370, 1377-78
(Fed. Cir.), cert. denied, 555 U.S. 1045 (2008). The government must be operating in its
sovereign rather than in its proprietary capacity when it initiates a taking. See St.
Christopher Assocs., L.P. v. United States, 511 F.3d 1376, 1385 (Fed. Cir. 2008).
25
The United States Court of Appeals for the Federal Circuit has established a two-
part test to determine whether government actions amount to a taking of private property
under the Fifth Amendment. See Casitas Mun. Water Dist. v. United States, 708 F.3d
1340, 1348 (Fed. Cir. 2013); Klamath Irr. Dist. v. United States, 635 F.3d 505, 511 (Fed.
Cir. 2011); Am. Pelagic Fishing Co. v. United States, 379 F.3d at 1372 (citing M & J Coal
Co. v. United States, 47 F.3d 1148, 1153-54 (Fed. Cir.), cert. denied, 516 U.S. 808
(1995)). A court first determines whether a plaintiff possesses a cognizable property
interest in the subject of the alleged takings. See Casitas Mun. Water Dist. v. United
States, 708 F.3d at 1348; Jackson v. United States, 135 Fed. Cl. 436, 444 (2017) (citation
omitted). Then, the court must determine whether the government action is a
“‘compensable taking of that property interest.’” Huntleigh USA Corp v. United States, 525
F.3d at 1377 (quoting Am. Pelagic Fishing Co., L.P. v. United States, 379 F.3d at 1372).
To establish a taking, a plaintiff must have a legally cognizable property interest,
such as the right of possession, use, or disposal of the property. See Loretto v.
Teleprompter Manhattan CATV Corp., 458 U.S. 419, 435 (1982) (citing United States v.
Gen. Motors Corp., 323 U.S. 373 (1945)); Piszel v. United States, 833 F.3d 1366, 1374
(Fed. Cir. 2016), cert. denied, 138 S. Ct. 85 (2017); Rogers v. United States, 814 F.3d
1299, 1303 (Fed. Cir. 2015); Casitas Mun. Water Dist. v. United States, 708 F.3d at 1348;
CRV Enters., Inc. v. United States, 626 F.3d 1241, 1249 (Fed. Cir. 2010), cert. denied,
563 U.S. 989 (2011); Karuk Tribe of Cal. v. Ammon, 209 F.3d 1366, 1374-75 (Fed. Cir.),
reh’g denied and en banc suggestion denied (Fed. Cir. 2000), cert. denied, 532 U.S. 941
(2001). “‘It is axiomatic that only persons with a valid property interest at the time of the
taking are entitled to compensation.’” Am. Pelagic Fishing Co. v. United States, 379 F.3d
at 1372 (quoting Wyatt v. United States, 271 F.3d 1090, 1096 (Fed. Cir. 2001), cert.
denied, 353 U.S. 1077 (2002); and citing Cavin v. United States, 956 F.2d 1131, 1134
(Fed. Cir. 1992)). Therefore, “[i]f the claimant fails to demonstrate the existence of a
legally cognizable property interest, the courts [sic] task is at an end.” Am. Pelagic Fishing
Co. v. United States, 379 F.3d at 1372 (citing Maritrans Inc. v. United States, 342 F.3d
1344, 1352 (Fed. Cir. 2003); and M & J Coal Co. v. United States, 47 F.3d at 1154). The
court does not address the second step “without first identifying a cognizable property
interest.” Air Pegasus of D.C., Inc. v. United States, 424 F.3d 1206, 1213 (Fed. Cir.) (citing
Am. Pelagic Fishing Co. v. United States, 379 F.3d at 1381 and Conti v. United States,
291 F.3d 1334, 1340 (Fed. Cir.), reh’g en banc denied (Fed. Cir. 2002), cert. denied, 537
U.S. 1112 (2003)), reh’g denied and reh’g en banc denied (Fed. Cir. 2005); see also
Balagna v. United States, 135 Fed. Cl. 16, 22 (2017), recons. denied, No. 14-21L, 2017
WL 5952123 (Fed. Cl. Dec. 1, 2017). Only if there is to be a next step, “‘after having
identified a valid property interest, the court must determine whether the governmental
action at issue amounted to a compensable taking of that property interest.’” Huntleigh
USA Corp. v. United States, 525 F.3d at 1378 (quoting Am. Pelagic Fishing Co. v. United
States, 379 F.3d at 1372); see also Casitas Mun. Water Dist. v. United States, 708 F.3d
at 1348.
The STB has authority to regulate most railroad lines in the United States. See 49
U.S.C. § 702 (2012). A railroad seeking to abandon any part of its railroad line must either
26
(1) file an application to abandon or (2) file a notice of exemption to abandon the line. See
49 U.S.C. § 10903 (2012); see also 49 C.F.R. § 1152.50 (2017). “If the STB approves a
standard abandonment application or grants an exemption and the railroad ceases
operation, the STB relinquishes jurisdiction over the abandoned railroad right-of-way and
state law reversionary property interests, if any, take effect.” Caldwell v. United States,
391 F.3d 1226, 1228-29 (Fed. Cir. 2004) (citing Preseault I, 494 U.S. at 6-8), reh’g en
banc denied (Fed. Cir.), cert. denied, 546 U.S. 826 (2005).
“The Trails Act is designed to preserve railroad rights-of-way by converting them
into recreational trails.” Bywaters v. United States, 670 F.3d 1221, 1225 (Fed. Cir.), reh’g
denied, 684 F.3d 1295 (Fed. Cir. 2012). By operation of the Trails Act, the STB may issue
a NITU, “suspending exemption proceedings for 180 days to allow a third party to enter
into an agreement with the railroad to use the right-of-way as a recreational trail.” Barclay
v. United States, 443 F.3d 1368, 1371 (Fed. Cir.), reh’g en banc denied (Fed. Cir. 2006),
cert. denied, 846 U.S. 1209 (2007). Section 8(d) of the Trails Act, codified at 16 U.S.C. §
1247(d), “allows a railroad to negotiate with a state, municipal, or private group (‘the trail
operator’) to assume financial responsibility for operating the railroad right of way as a
recreational trail.” See Bright v. United States, 603 F.3d 1273, 1275 (Fed. Cir.) (citing
Caldwell v. United States, 391 F.3d at 1229), reh’g and reh’g en banc denied (Fed. Cir.
2010). If the railroad and an authorized trail provider 28 reach an agreement, the NITU
extends indefinitely, and the corridor is railbanked, with interim trail use permitted. See
49 C.F.R. § 1152.29(d)(1)-(2) (2016) (“The NITU will indicate that interim trail use is
subject to future restoration of rail service . . . . Additionally, the NITU will provide that if
the sponsor intends to terminate interim trail use on all or any portion of the right-of-way
covered by the interim trail use agreement, it must send the [STB] a copy of the NITU and
request that it be vacated on a specific date.”); see also Biery v. United States, 753 F.3d
at 1285 (“If the railroad and the [Surface Transportation] Board reach agreement, the land
underlying the railway may be transferred to a trail operator (e.g., state, political
subdivision, or qualified private organization) for interim trail use.” (citing Citizens Against
Rails–to–Trails v. Surface Transp. Bd., 267 F.3d 1144, 1149 (D.C. Cir. 2001))); Caldwell
v. United States, 57 Fed. Cl. 193, 194 (2003) (“The term railbanking refers to the
‘preservation of railroad corridor for future rail use,’ while making the corridor available for
other activities.” (quoting Neb. Trails Council v. Surface Transp. Bd., 120 F.3d 901, 903
n.1 (8th Cir. 1997))), aff’d, 391 F.3d 1226 (Fed. Cir. 2004), reh’g en banc denied (Fed.
Cir.), cert. denied, 546 U.S. 826 (2005).
When the NITU extends indefinitely and the corridor is railbanked, the STB retains
jurisdiction and abandonment of the railroad corridor is blocked. See 16 U.S.C. § 1247(d)
(“[I]n the case of interim use of any established railroad rights-of-way pursuant to
donation, transfer, lease, sale, or otherwise in a manner consistent with this chapter, if
such interim use is subject to restoration or reconstruction for railroad purposes, such
28 The Trails Act indicates that a trail provider may be “a State, political subdivision, or
qualified private organization [that] is prepared to assume full responsibility for
management of such rights-of-way and for any legal liability arising out of such transfer
or use, and for the payment of any and all taxes that may be levied or assessed against
such rights-of-way.” 16 U.S.C. § 1247(d).
27
interim use shall not be treated, for purposes of any law or rule of law, as an abandonment
of the use of such rights-of-way for railroad purposes.”); see also Rasmuson v. United
States, 807 F.3d 1343, 1344 (Fed. Cir. 2015) (“NITUs ‘preserve established railroad
rights-of-way for future reactivation of rail service’ and permit the railroad operator to
cease operation without legally abandoning any ‘rights-of-way for railroad purposes.’”
(quoting 16 U.S.C. § 1247(d))).
As described by the United States Court of Appeals for the Federal Circuit:
Thus, section 8(d) of the Trails Act prevents the operation of state laws that
would otherwise come into effect upon abandonment-property laws that
would “result in extinguishment of easements for railroad purposes and
reversion of rights of way to abutting landowners.” Rail Abandonments-Use
of Rights-of-Way as Trails, Ex Parte No. 274 (Sub-No. 13), 2 I.C.C. 2d 591,
1986 WL 68617 (1986). A Fifth Amendment taking occurs if the original
easement granted to the railroad under state property law is not broad
enough to encompass a recreational trail. See Preseault II, 100 F.3d at
1552; see also Toews [v. United States], 376 F.3d at 1376.
Caldwell v. United States, 391 F.3d at 1229; see also Rogers v. United States, 814 F.3d
at 1303 (“As we have previously explained in other rails-to-trails cases, a taking, if any,
occurs when, pursuant to the Trails Act, the STB issues a Notice of Interim Trail Use
(‘NITU’) to suspend the abandonment of the rail line by a railroad and preserve it for future
active railroad use.” (citing Barclay v. United States, 443 F.3d at 1373)); BHL Props., LLC
v. United States, 135 Fed. Cl. 222, 227-28 (2017) (citing Caldwell v. United States, 391
F.3d at 1233).
The Federal Circuit has established a three-part inquiry to determine takings
liability in cases involving the conversion of railroad rights of way for recreational trail use
by means of 16 U.S.C. § 1247(d) of the Trails Act, as follows:
(1) who owned the strips of land involved, specifically did the Railroad . . .
acquire only easements, or did it obtain fee simple estates; (2) if the
Railroad acquired only easements, were the terms of the easements limited
to use for railroad purposes, or did they include future use as public
recreational trails; and (3) even if the grants of the Railroad's easements
were broad enough to encompass recreational trails, had these easements
terminated prior to the alleged taking so that the property owners at that
time held fee simples unencumbered by the easements.
Preseault v. United States, 100 F.3d 1525, 1533 (Fed. Cir. 1996) (Preseault II). Phrased
differently, the Federal Circuit has also indicated:
the determinative issues for takings liability are (1) who owns the strip of
land involved, specifically, whether the railroad acquired only an easement
or obtained a fee simple estate; (2) if the railroad acquired only an
easement, were the terms of the easement limited to use for railroad
28
purposes, or did they include future use as a public recreational trail (scope
of the easement); and (3) even if the grant of the railroad’s easement was
broad enough to encompass a recreational trail, had this easement
terminated prior to the alleged taking so that the property owner at the time
held a fee simple unencumbered by the easement (abandonment of the
easement).
Ellamae Phillips Co. v. United States, 564 F.3d 1367, 1373 (Fed. Cir. 2009) (citing
Preseault II, 100 F.3d at 1533).
According to the United States Court of Appeals for the Federal Circuit, “[i]t is
settled law that a Fifth Amendment taking occurs in Rails-to-Trails cases when
government action destroys state-defined property rights by converting a railway
easement to a recreational trail, if trail use is outside the scope of the original railway
easement.” Ladd v. United States, 630 F.3d 1015, 1019 (Fed. Cir. 2010), reh’g and reh’g
en banc denied, 646 F.3d 910 (Fed. Cir. 2011); see also Rogers v. United States, 814
F.3d at 1303; Ellamae Phillips Co. v. United States, 564 F.3d at 1373. “It is the law-created
right to own private property, recognized and enforced by the Constitution, legislation,
and common law, that gives the owner an historically rooted expectation of
compensation.” Preseault II, 100 F.3d at 1540. The United States Court of Appeals for
the Federal Circuit in Preseault II also indicated
that power includes the power to preempt state-created property rights,
including the rights to possession of property when railroad easements
terminate. As Justice O’Connor succinctly pointed out in her concurring
opinion in Preseault I, however, having and exercising the power of
preemption is one thing; being free of the Constitutional obligation to pay
just compensation for the state-created rights thus destroyed is another.
Id. at 1537 (citing Preseault I, 494 U.S. at 22).
To determine the nature of the property interest at issue, the court looks to state
law. See Rogers v. United States, 814 F.3d at 1305 (“We analyze the property rights of
the parties in a rails-to-trails case under the relevant state law.”). The United States Court
of Appeals for the Federal Circuit, interpreting a takings claim for a railroad right-of-way,
stated that, “state law generally creates the property interest in a railroad right-of-way.”
Barclay v. United States, 443 F.3d at 1374 (citing Preseault I, 494 U.S. at 8, 16). In a
footnote on the same page, the United States Court of Appeals for the Federal Circuit
repeated, “[i]n Toews v. United States, 376 F.3d 1371 (Fed. Cir. 2004), we reiterated that
state law controls the basic issue of whether trail use is beyond the scope of the right-of-
way.” Barclay v. United States, 443 F.3d at 1374 n.4. “The nature of the interest conveyed
is determined according to the law of the state where the conveyance occurred. ‘State
law creates and defines the scope of the reversionary or other real property interests
affected by the ICC’s [Interstate Commerce Commission] action pursuant to Section 208
of the National Trails System Act Amendments of 1983, 16 U.S.C. § 1247(d).’” Chevy
Chase Land Co. of Montgomery Cnty. v. United States, 37 Fed. Cl. 545, 565 (1997)
29
(quoting Preseault I, 494 U.S. at 20 (O’Connor, J., concurring) (citing Ruckelshaus v.
Monsanto Co., 467 U.S. at 1001)), aff’d, 230 F.3d 1375 (Fed. Cir. 1999), reh’g and reh’g
en banc denied (Fed. Cir.), cert. denied, 531 U.S. 957 (2000); see also Whispell Foreign
Cars, Inc. v. United States, 97 Fed. Cl. 324, 331 (“Whether an individual has a
compensable private property interest is determined by state law.”), amended after
recons. in part, 100 Fed. Cl. 529 (2011). Moreover, in Ruckelshaus v. Monsanto Co., 467
U.S. at 1001, the Supreme Court stated, “we are mindful of the basic axiom that
‘“[p]roperty interests . . . are not created by the Constitution. Rather, they are created and
their dimensions are defined by existing rules or understandings that stem from an
independent source such as state law.”’” (quoting Webb’s Fabulous Pharmacies, Inc. v.
Beckwith, 449 U.S. 155, 161 (1980) (quoting Bd. of Regents v. Roth, 408 U.S. 564, 577
(1972))) (omission in original). In Oregon ex rel. State Land Board v. Corvallis Sand &
Gravel Co., 429 U.S. 363 (1977), the United States Supreme Court stated that, “[u]nder
our federal system, property ownership is not governed by a general federal law, but
rather by the laws of the several States.” Id. at 378; see also Davies Warehouse Co. v.
Bowles, 321 U.S. 144, 155 (1944) (“The great body of law in this country which controls
acquisition, transmission, and transfer of property, and defines the rights of its owners in
relation to the state or to private parties, is found in the statutes and decisions of the
state.”).
As indicated above, the plaintiffs in Arnold, Flying S. Land Co., and Dawson have
moved for partial summary judgment regarding title issues, including fee or easement, as
well as adjacency and the centerline presumption. Defendant cross-moved for partial
summary judgment in its favor on all of the remaining plaintiffs in each of the three cases.
Plaintiffs in all three cases argue that there are no genuine disputes of material fact on
the issues presented in the cross-motions and that they are entitled to judgment as a
matter of law because they have shown that all plaintiffs owned land adjacent to the
railroad corridor on the date the NITU was issued and that the railroad only held
easements limited to railroad purposes over the relevant portions of the corridor.
Defendant agrees that there are no genuine disputes of material fact, however, it argues
that it is entitled to judgment as a matter of law because each plaintiff has failed to
establish ownership of the land on the date the NITU was issued, adjacency to the railroad
corridor, that the railroad held only an easement for railroad purposes, or ownership of
the servient estate underlying any of the portions of the railroad corridor over which the
railroad held only an easement. In this decision the court is only deciding title issues,
including fee or easement, as well as adjacency and the centerline presumption.
During the briefing period, the parties were ordered to submit brief filings explaining
what impact, if any, the STB’s extensions of time for NKCR to consummate abandonment
has on the claims pending before the court. Plaintiffs in Flying S. Land Co. and Dawson
assert that the STB’s order does not affect plaintiffs’ claims pending before the court and
argue that the government’s taking began with the STB’s issuance of the NITU on October
22, 2015. Defendant asserts that the STB’s granting of NKCR’s request for an extension
of time to consummate abandonment “has no impact on the claims before this court.”
Defendant argues that:
30
Plaintiffs’ takings claims are premised on the STB’s issuance of a NITU and
the operation of the Trails Act. The NITU expired on October 16, 2016, and
no trail use agreement was reached that would trigger the preemptive effect
of the Trails Act. On these facts, the relevant time period for determining
whether the United States is liable for a temporary taking in this case begins
with the issuance of the NITU on October 22, 2015, and ends with the
expiration of that NITU on October 16, 2016.
Plaintiffs in Arnold, however, argue the STB’s extensions of time for NKCR to
consummate abandonment significantly and prejudicially impacted plaintiffs’ pending
claims. Plaintiffs contend the STB’s approval of NKCR’s three requests for an extension
of time to consummate abandonment were not ministerial agency actions, but, rather,
were government actions within the “agency’s exclusive and plenary jurisdictional powers
to regulate railroad abandonments.” According to the Arnold plaintiffs, “[a] necessary and
justifiable consequence of the STB’s orders . . . is the extension of the 5th Amendment
taking of Plaintiffs’ property until March 1, 2018.”29 Plaintiffs in Arnold reason the “5th
Amendment taking is continued” because the “STB’s jurisdiction to issue further NITUs is
retained and Plaintiffs’ reversionary rights are blocked.”
As discussed above, a taking, if any, occurs under the Trails Act when a railroad
right-of-way is converted to interim trail use, thereby blocking reversionary property
interests that, under state law, would otherwise vest in the adjacent landowners from so
vesting. See Caldwell v. United States, 391 F.3d at 1233 (citing Preseault II, 100 F.3d at
1552); see also Ladd v. United States, 630 F.3d at 1019. The STB’s issuance of a NITU
“marks the ‘finite start’ to either temporary or permanent takings claims by halting
abandonment and the vesting of state law reversionary interests when issued.” Caldwell
v. United States, 391 F.3d at 1235; see also Toscano v. United States, 107 Fed. Cl. 179,
184 (2012) (quoting Caldwell v. United States, 391 F.3d at 1228-29). “The issuance of
the NITU is the only government action in the railbanking process that operates to prevent
abandonment of the corridor and to preclude the vesting of state law reversionary
interests in the right-of-way.” Caldwell v. United States, 391 F.3d at 1233-34 (emphasis
in original); see also Ladd v. United States, 630 F.3d at 1023 (“The NITU is the
government action that prevents landowners from possession of their property
unencumbered by the easement.”); Barclay v. United States, 443 F.3d 1368, 1374 (Fed.
Cir. 2006) (“The barrier to reversion is the NITU, not physical ouster from possession.”).
A judge of the United States Court of Federal Claims has stated, “[i]n a rails-to-trails
takings case, the issue is not whether STB jurisdiction continues or whether the railroad
retains a property interest upon the expiration of a NITU, but whether the government has
taken any action that forestalls the vesting of the underlying landowners’ property rights.”
Farmers Co-op Co. v. United States, 100 Fed. Cl. 579, 583 (2011) (citation omitted). Once
the NITU expires, any original railroad purposes easements remain as burdens on the
plaintiffs’ property.
29As noted above, after the plaintiffs had submitted their filing in response to the court’s
September 18, 2017 Order, the STB granted NKCR an extension of time until March 1,
2019 to consummate abandonment of the railroad corridor.
31
The issuance of multiple, non-consecutive NITUs may be treated as a single
temporary taking, even if there was a gap of time between the issuance of the NITUs,
when the subsequently issued NITU serves as an extension of the previously issued
NITU. See Barclay v. United States, 443 F.3d at 1376; Farmers Co-op. Co. v. United
States, 98 Fed. Cl. 797, 807, recons. denied, 100 Fed. Cl. 579 (2011); Biery v. United
States, 99 Fed. Cl. 565, 581 (2011). At least one judge on the United States Court of
Federal has found that a temporary taking ends when a railroad “consummates
abandonment and plaintiffs’ reversionary interests revert to an unencumbered status,” or,
alternatively, “when the Government shows that it has abandoned the taking, leaving no
government claim to jurisdiction or control over the property.” See Ladd v. United States,
110 Fed. Cl. 10, 14 (2013). 30 In Ladd v. United States, a railroad requested “numerous
extensions” of the time in which it needed to consummate abandonment “before finally
allowing the allotted time for abandonment to expire.” Id. The railroad had not filed its
notice of consummation with the STB as of the date the opinion was issued in Ladd v.
United States. Id. The court considered using “the date that the most recent NITU expired”
and “the deadline for filing a Notice of Consummation” to measure the duration of a
temporary taking, but declined to do so because “new NITU’s may be issued after
previous NITU’s expire” and the deadline to consummate abandonment is “usually
extended more than once.” Id. at 13-14. The court stated that damages were to be paid
to the date of the court’s earlier opinion finding the government liable for a temporary
taking, with “leave for plaintiffs to return to this court for updated damages on a per diem
basis. This would continue until the Railroad files a Notice of Abandonment or defendant
shows that it has abandoned the taking.” Id. at 15 n.6.
In the above-captioned cases, the STB’s issuance of a NITU on October 22, 2015
initiated the government’s taking of the plaintiffs’ properties. See Caldwell v. United
States, 391 F.3d at 1235. Following the expiration of the NITU on October 16, 2016,
NKCR and Sunflower had not reached a trail use agreement. At that time, NKCR had the
option of exercising its authority to abandon the railroad corridor and filing a notice of
consummation, filing a request for an extension of time to consummate abandonment, or
retaining the rail line. See 49 C.F.R. § 1152.29(e)(2). Ultimately, as of the date of this
opinion, NKCR filed four requests for extensions of time to consummate abandonment,
all of which the STB granted, and, currently, NKCR has until March 1, 2019 to
consummate its abandonment of the railroad corridor with the STB. The STB’s decision
to grant NKCR’s four requests, however, did not prevent abandonment of the railroad
corridor or preclude the vesting of the property owner’s reversionary rights under state
law. Rather, NKCR’s decision not to consummate abandonment and to request four
extensions of time for the period in which NKCR has been given to consummate
abandonment prevented plaintiffs from receiving their reversionary rights. See Farmers
Co-op Co. v. United States, 100 Fed. Cl. at 583-84. As of the date of the issuance of this
opinion, the duration of the temporary taking at issue in these cases is unclear and may
depend on the actions taken by NKCR and the STB in the future. The duration of the
30The United States Court of Appeals decision in Ladd v. United States, 630 F.3d 1015,
which is discussed above, reversed and remanded to the United States Court of Federal
Claims “for a determination of the compensation owed to the appellants for the taking of
the Southern Stretch and the Northern Stretch of railway line.” Id. at 1025.
32
temporary taking, however, is not material to the court’s resolution of the parties’ cross-
motions for partial summary judgment currently before the court, and, if necessary, the
court will revisit this issue when determining damages.
Motion to Strike
Plaintiffs in Arnold, Flying S. Land Co., and Dawson have moved to strike the
unofficial chart created by a KDOT employee, and the affidavit of Thad Fowler, another
KDOT employee, that defendant attempted to rely on in support its partial motion for
summary judgment in all three cases as inadmissible under RCFC 56(c)(2) and RCFC
56(c)(4). Plaintiffs argue that the chart created by the KDOT employee and the affidavit
of Mr. Fowler are inadmissible because both exhibits contain improper legal conclusions,
contain statements made without personal knowledge by the authors, and lack
foundation. Plaintiffs also object to Mr. Fowler being offered as an expert under Federal
Rule of Evidence (FRE) 702 (2017) and assert his affidavit contains “explicit
contradictions to the parties’ stipulations.” Additionally, plaintiffs in Dawson assert that the
court should strike Mr. Fowler’s affidavit because Mr. “Fowler’s affidavit contains
inadmissible hearsay” and is based upon “unauthenticated documents containing
hearsay.”
In its response to plaintiffs’ motion to strike, defendant does not address whether
the chart created by a KDOT employee is admissible in support of its cross-motions for
partial summary judgment. 31 Defendant, however, argues that Mr. Fowler’s affidavit is
admissible. Defendant asserts that the Fowler “affidavit is not offered to prove that the
state owned the highway in fee; instead, it shows the documents that KDOT relies on to
form the basis of its position regarding title to the highway.” Defendant states that Mr.
Fowler’s “position as the Coordinating Land Surveyor in the Bureau of Right of Way for
KDOT involves the ‘proper interpretation of legal principles as they apply to land
boundaries’” and that he has the “‘knowledge, education, and experience to interpret’” the
documents attached to his affidavit. Defendant asserts Mr. Fowler’s statements are not
legal conclusions and notes that the “[c]ourt can certainly review the records presented
and reach a different legal conclusion.” Additionally, defendant maintains Mr. Fowler’s
position with KDOT provides the proper foundation for Mr. Fowler to attest to his review
of KDOT’s records, and that “Mr. Fowler reviewed records in his employer’s archives,
which are the kind of documents within the purview of his position, so he had personal
knowledge of the contents of the documents.” Defendant also claims that to Mr. Fowler’s
affidavit is not based on hearsay because the documents that Mr. Fowler reviewed “are
either already in the record or are properly presented and may be considered
independently as exceptions to the hearsay rule, because they are records that affect an
interest in property under Federal Rule of Evidence (‘Fed. R. Evid.’) 803(14) and are
ancient documents under Fed. R. Evid. 803(16).” Finally, defendant states that Mr. Fowler
is not being offered as an expert witness under FRE 702 and alleges the affidavit is not
inconsistent with defendant’s prior stipulations.
31The court notes that it appears from the email message included with the chart that the
chart was created for this litigation and was created in 2016.
33
In a motion for summary judgment, a party asserting that a fact is not genuinely
disputed must support its contention by citing to materials in the record, such as affidavits,
depositions, or stipulations, or by showing that the materials cited do not establish the
absence or presence of a genuine dispute of material fact. See RCFC 56(c)(1); see also
King v. United States, 130 Fed. Cl. 476, 492 n.27 (2017); Grand Acadian, Inc. v. United
States, 87 Fed. Cl. 193, 197 (2007). “A party may object that the material cited to support
or dispute a fact cannot be presented in a form that would be admissible in evidence”
under RCFC 56(c)(2). See also King v. United States, 130 Fed. Cl. at 492 n.27. RCFC
56(c)(4) provides that “[a]n affidavit or declaration used to support or oppose a motion
must be made on personal knowledge, present facts that would be admissible in
evidence, and show that the affiant or declarant is competent to testify on the matters
stated.” The court will not consider an affidavit supporting or opposing a motion for
summary judgment that contains statements that are legal conclusions, not based on the
affiant’s personal knowledge, or would otherwise be inadmissible as evidence. See
Found. of Human Understanding v. United States, 88 Fed. Cl. 203, 228 n.19 (2009), aff’d,
614 F.3d 1383 (Fed. Cir. 2010), cert. denied, 562 U.S. 1286 (2011); Adarbe v. United
States, 58 Fed. Cl. 707, 712 n.1 (2003); see also Thomas v. United States, 106 Fed. Cl.
467, 476 n.4 (2012) (disregarding an expert witness’ affidavit when the affiant outlined his
opinion as to whether a plaintiff owned a reversionary interest under Tennessee law).
In its cross-motion for partial summary judgment, defendant offers the chart
created by a KDOT employee and the affidavit of Mr. Fowler to support its position that
“fee ownership of the land is in the state” and KDOT’s position that “it owns the pertinent
portion of [K-383] in fee.” The chart created by a KDOT employee identifies parcels that
are adjacent to a portion of K-383, alleges that some of those parcels were acquired by
the state by deed, and purports to state whether KDOT has a fee interest or an easement
in each parcel. The determinations in the chart as to whether KDOT owns the parcels in
fee are unsupported by the source documentation records. The chart does not contain
the deeds that allegedly conveyed the right-of-way for K-383 to KDOT in fee or any other
evidence to support defendant’s or KDOT’s contention that the state of Kansas owns the
parcels in fee. Whether legal conclusions or not, as a result of the absence of supporting
documents, the court does not consider the conclusions or statements contained in the
chart at this time.
Likewise, many of the statements in the affidavit of Mr. Fowler are inadmissible
legal conclusions. In the affidavit, Mr. Fowler, who is not being offered as an expert and
who does not claim to be a lawyer, declares that “as the Coordinating Land Surveyor, I
am responsible for the proper of interpretation of legal principles as they apply to land
boundaries,” and that he has the “knowledge, education, and experience” to interpret the
documents attached to his affidavit. Once again, without explanations of how the attached
documents support his conclusions, which as noted above, Mr. Fowler did not create, Mr.
Fowler states “[t]hat KDOT has a fee simple absolute ownership interest in a portion of”
twenty parcels in Norton County and Phillips County, Kansas. Mr. Fowler’s statements
offered in his affidavit are unsupported legal conclusions, not subject to cross-
examination, and will not be used by the court to resolve the cross-motions for summary
judgment. FRE 701 (2017) permits a lay witness to provide opinion testimony, but only if
34
the testimony is based on relevant facts that the witness perceived, assists the fact finder
in understanding the witness’ testimony or a matter at issue, and is not based on scientific,
technical, or specialized knowledge within the purview of FRE 702. See FRE 701; see
also Authentic Apparel Grp., LLC v. United States, 134 Fed. Cl. 78, 81 (2017) (“If a
witness’s testimony fails to meet any one of the three foundational requirements, it is not
admissible.” (citing FRE 701)); DataMill, Inc. v. United States, 91 Fed. Cl. 722, 736 (2010)
(quoting United States v. Espino, 317 F.3d 788, 797 (8th Cir. 2003) (citations omitted)).
Mr. Fowler’s assertions that KDOT owns portions of twenty parcels in fee do not explain
the circumstances under which K-383 was created because Mr. Fowler does not explain
how the attached documents justify his conclusions nor how the determinations about the
parcels were reached. Defendant may attempt to call Mr. Fowler as a lay witness or expert
witness at a potential trial, but defendant may not rely on Mr. Fowler’s affidavit to support
its cross-motion for summary judgment. See DataMill, Inc. v. United States, 91 Fed. Cl.
at 737-38 (striking a lay witness’ declaration as inadmissible under FRE 701 because the
declaration was not rationally based on the declarant’s perception and did not “aid the
court in determining a fact in issue”); Ryco Constr., Inc. v. United States, 55 Fed. Cl. 184,
196 n.6 (2002) (striking portions of a lay witness’ declaration that contained legal
conclusions). Accordingly, the court has not considered the statements in Mr. Fowler’s
affidavit in resolving the cross-motions for summary judgment currently before the court.
Ownership Disputes
The parties have stipulated that plaintiffs in all three cases owned their properties
at issue in these cases on the date the NITU was issued with the exception of Flying S.
Land Co. plaintiff United Methodist Church. Defendant contends that Flying S. Land Co.
plaintiff United Methodist Church is not the proper claimant in the Flying S. Land Co. case
because plaintiffs have not provided any evidence that United Methodist Church acquired
the property adjacent to the railroad corridor. Plaintiffs respond that, although there is no
formal warranty deed for this parcel, there are probate documents indicating that the land
was to be devised to United Methodist Church by an individual named Isiah Sharp, should
Isiah Sharp’s son, Loren Gill Sharp, die without children. Plaintiffs submitted probate
documents to establish that Isiah Sharp devised the land adjacent to the railroad corridor
to Loren Gill Sharp. The probate documents indicate that, if Loren Gill Sharp should die
without children, then the land devised to him should become the property “of the trustees
of the Methodist Episcopal Church at Norcatur, Kansas . . . .” Although defendant
acknowledges these probate documents, defendant argues that plaintiffs have not
provided any evidence to show that United Methodist Church actually acquired the
property upon the passing of Loren Gill Sharp or that the United Methodist Church of
Norcatur is the successor of the Methodist Episcopal Church at Norcatur. In response,
plaintiffs contend the “United Methodist Episcopal Church [of Norcatur, Kansas] became
the United Methodist Church” and allege the United Methodist Episcopal Church at
Norcatur changed its name to the United Methodist Church. Plaintiffs offer a link to a
website in support of their contentions. 32 The website, however, provides the history of
the “Rust United Methodist Church” in Oberlin, Ohio, and it does not appear to support
32 Grace Hammond et al., Rust United Methodist Church, OBERLIN (Fall 2003),
http://www2.oberlin.edu/external/EOG/AfAmChurches/Rust.htm.
35
plaintiffs’ assertion that the United Methodist Episcopal Church at Norcatur “became” or
changed its name to the United Methodist Church.
Although the court finds the probate documents submitted by plaintiffs to be
probative and helpful towards resolving the ownership issues pertaining to United
Methodist Church, these documents only establish that Isiah Sharp intended to devise
property to his son, Loren Gill Sharp, and that, upon the death of Loren Gill Sharp, that
property would pass to the Methodist Episcopal Church at Norcatur, Kansas. The court
finds, therefore, that there is still a genuine issue of material fact as to whether plaintiff
United Methodist Church is the same as or a successor to the Methodist Episcopal
Church of Norcatur, Kansas. Accordingly, at this time the court denies plaintiffs’ and
defendant’s motions for partial summary judgment regarding ownership with regard to
Flying S. Land Co. plaintiff United Methodist Church, and the issue is deferred to further
proceedings. If plaintiff can provide subsequent documentation as to the remaining
issues, perhaps the parties can resolve the issue by stipulation and should try to do so
Adjacency Disputes
The parties have stipulated that all plaintiffs are adjacent to the railroad corridor
except the following Kansas landowners: Arnold plaintiffs Rodney and Tonda Ross’ parcel
102-03-0-00-00-004.00-0 on the south side of the railroad corridor, Mark and Shayla
Bailey, Robert Strevey, and Harold and Kristelle Mizell parcel 107-36-0-10-04-001; Flying
S. Land Co. plaintiffs Arnold K. Graham parcel 074-059-31-0-00-00-004.00-0, J & C
Partnership, Garth Gebhard, Silverstone & Dake’s Canal Inc. parcels 074-056-24-0-20-
01-002.00-0 and 074-056-24-0-20-01-001.00-0, Gerry and Theresa Tally parcel 020-141-
01-0-30-20-010.00-0, and James and Janice Bricker parcel 020-124-18-0-00-03-001.00-
0; and Dawson plaintiffs Conrad C. and Mary R. Cox Trusts No. 1 parcel 740-056-13-0-
00-00-005.00-0. In general terms, plaintiffs and defendant state that, under Kansas law,
adjacency should be interpreted to mean that a parcel abuts, adjoins, or is “next to” the
railroad corridor. 33 Indeed, courts applying the centerline presumption under Kansas law
have indicated that a plaintiff claiming the centerline presumption must own property
abutting the easement. See Gauger v. State, 815 P.2d 501, 506 (Kan. 1991) (“The rule
is thus clear and of long standing that when the owner of real estate conveys land abutting
on a railroad right-of-way, and the owner (grantor) owns the servient estate of the railroad
right-of-way and the railroad the dominant estate for right-of-way purposes, the grantor
passes to the grantee the servient estate, unless the intention not to do so is clearly
indicated.”); Carpenter v. Fager, 361 P.2d 861, 864 (Kan. 1961) (“It is obvious from the
mentioned cases that the highway rule is applicable in a situation where the land abutting
a public easement is conveyed.”); cf. Sebree v. Bd. of Cty. Comm’rs of the Cty. of
Shawnee, 840 P.2d 1125, 1130 (Kan. 1992) (concluding that “‘abut’ means to touch”
when analyzing “the abutting requirement” of a common-law right of access to a public
highway claim).
33The parties have stipulated that all of the plaintiffs’ properties that are located in
Nebraska are adjacent to the railroad corridor.
36
K-383
K-383 runs between the following plaintiffs’ parcels and the railroad right-of-way:
Arnold plaintiffs Rodney and Tonda Ross’ parcel on the south side of the railroad corridor
102-03-0-00-00-004.00-0; Flying S. Land Co. plaintiffs Arnold K. Graham parcel 074-059-
31-0-00-00-004.00-0, J & C Partnership, Garth Gebhard, and Silverstone & Dake’s Canal,
Inc. parcels 074-056-24-0-20-01-002.00-0 and 074-056-24-0-20-01-001.00-0; and
Dawson plaintiffs Conrad C. and Mary R. Cox Trusts No. 1 parcel 074-056-13-0-00-00-
005.00-0. Plaintiffs argue, “[s]ince K383 is a state highway, it is deemed to be an
easement under Kansas law and, as a result, the claimants still own to the centerline of
the railroad’s right-of-way.” 34 Plaintiffs submitted to the court condemnation proceedings
for a state highway in Phillips County, Kansas, titled “In the Matter of Condemnation of
Land for State Highway Purposes.” (capitalization in original). Although it appears that the
Kansas State Highway Commission acquired the land for a state highway in Phillips
County, Kansas, through this condemnation proceeding, it is unclear if that state highway
was K-383. Conversely, defendant argues that KDOT owns the highway in fee. In support,
defendant pointed to the stricken unofficial chart discussed above sent from a KDOT
employee to defendant’s counsel via email in support of its position that KDOT owns K-
383 in fee. The chart purports to identify parcels that are adjacent to a portion of the
highway owned in fee that was acquired by deed in 1933 and 1935. As noted above,
defendant does not provide the 1933 or 1935 deeds that allegedly conveyed the right-of-
way for K-383 to KDOT in fee or other evidence to support its contention that KDOT
owned the land in fee. Defendant has submitted to this court several deeds titled “DEED
FOR HIGHWAY PURPOSES,” although, as with the condemnation proceeding submitted
to the court by plaintiff, it is unclear whether the referenced highway was K-383.
(capitalization in original).
If the highway was dedicated at common law, then KDOT holds only an easement
and abutting property owners, the plaintiffs in this case, retain fee interest in the right-of-
way. If the highway, however, was statutorily dedicated, then the fee vests in the public.
The circumstances under which a highway was created determines whether KDOT holds
K-383 right-of-way in fee. See Sw. Bell Tel. Co. v. State Corp. Comm’n of Kan., 664 P.2d
798, 801 (Kan. 1983) (“[F]ee title to public highways in Kansas may or may not be
governmentally owned, depending upon the circumstances which established the
highway.”). “The public obtains a mere easement to the land” laid out or dedicated at
common law, and “[t]he fee in the land never passes to the public, but remains in the
original owner.” Comm’rs of Shawnee Co. v. Beckwith, 10 Kan. 603, 607 (1873). In
Southwestern Bell Telephone Co. v. State Corp. Commission of Kansas, the Supreme
Court of Kansas reaffirmed the statement of law earlier set out in Atchison & N.R. Co. v.
Garside, stating “the fee of a street dedicated under what is now K.S.A. [Kan. Stat. Ann.]
12–406 . . . vest[s] ‘absolutely’ in the county. It has long been established that the fee of
34 Plaintiffs cite to a case in which KDOT obtained an easement over a right-of-way by
condemnation. See Carson v. Kansas City, 506 P.2d 1111 (Kan. 1973). Although this
case is one instance of eminent domain laws being used to condemn a right-of-way and
of providing the state with only an easement, this case does not hold that KDOT acquired
an easement over K-383 under Kansas eminent domain law.
37
a statutorily dedicated street vests in the county . . . .” Sw. Bell Tel. Co. v. State Corp.
Comm’n of Kan., 664 P.2d at 801 (citing Atchison & N.R. Co. v. Garside, 10 Kan. 552,
564-65 (1873)).
Given the evidence in the record, it is unclear whether K-383 was dedicated
statutorily or at common law. The records submitted to the court indicate that there is a
genuine issue of material fact as to whether K-383 was established pursuant to an
easement, or if the State of Kansas owns the land underlying K-383 in fee simple.
Therefore, based on the information currently before the court, the court cannot determine
whether KDOT holds only an easement over the K-383 right-of-way or whether it holds
fee simple interest in the right-of-way.
Additionally, Dawson plaintiffs Conrad C. and Mary R. Cox Trusts No. 1 parcel
074-056-13-0-00-00-005.00-0 argue that the “Cox Trusts own the property underlying
K383 by the plain language of their deed.” The deed to the Cox Trusts No. 1 property
conveys:
An undivided one-half interest in and to all that portion of the Northwest
Quarter (NW/4) lying Southeasterly of the Burlington Railroad right-of-way,
the North Half of the Southwest Quarter (N/2 SW/4), and the Southeast
Quarter of the Southwest Quarter (SE/4 SW/4) South of Burlington Railroad,
all in Section Eighteen (18), Township (1) South, Range Nineteen (19) West
of the 6th P.M., in Phillips County, Kansas; and
An undivided one-half interest in and to all that portion of the Southeast
Quarter (SE/4) lying Southeasterly of the Burlington Railroad right-of-way in
Section Thirteen (13), the Southeast Quarter (SE/4) of Section Three, and
the Northwest Quarter (NW/4) of Section Four (4), all in Township One (1)
South, Range Twenty (20) West of the 6th P.M. in Philips County,
Kansas . . . .
together with all its appurtenances and warrant the title to the same, subject
to all prior mineral reservations, oil and gas leases, rights-of-way,
easements and protective covenants of record, if any.
According to plaintiffs, “the Cox’s Trust’s property includes K383” because K-383 is south
of the railroad corridor. As discussed, the evidence before the court does not demonstrate
whether KDOT holds an easement or a fee interest in K-383. Accordingly, the court denies
both plaintiffs’ and defendant’s motions for summary judgment on the issue of adjacency
for all parcels adjacent to K-383 and defers the issue for further proceedings.
Miscellaneous Adjacency Issues
W. Opelik Street, which is distinct from K-383, appears to lay between the parcel
owned by Arnold plaintiffs Mark and Shayla Bailey and the railroad corridor. N. Decatur
Street, which is also distinct from K-383, appears to lay between both the parcel owned
38
by Arnold plaintiff Robert Strevey and parcel 107-36-0-10-04-001 owned by Arnold
plaintiffs Harold and Kristelle Mizell and the railroad corridor. Plaintiffs allege that these
properties are adjacent to the railroad corridor and that defendant has failed to prove the
existence of these roads, even though the roads are apparent in the maps submitted to
the court by defendant. Plaintiffs further allege that the railroad right-of-way pre-existed
these roads, and the subsequent construction of the roads did not sever plaintiffs’ claim
in the land continuing to the railroad right-of-way. Defendant argues that plaintiffs’
properties are, in fact, separated from the railroad corridor by W. Opelik Street and N.
Decatur Street, and plaintiffs have not provided evidence that these intervening roads are
not intervening and are mere easements.
There is a genuine dispute of material fact and no evidence before the court at this
time as to whether the public holds fee simple interest in or only an easement over these
roads. If the public owned these roads in fee, then these roads keep these plaintiffs’
parcels from being adjacent to the railroad right-of-way. If, however, the public only held
an easement over these plaintiffs’ properties, then plaintiffs own the servient estate in the
road and are adjacent to the railroad right-of-way. Accordingly, the court denies both
plaintiffs’ and defendant’s motions for summary judgment on adjacency regarding Arnold
plaintiffs Mark and Shayla Bailey parcel 107-36-0-20-13-005, Robert Strevey parcel 107-
36-0-10-04-002, and Harold and Kristelle Mizell parcel 107-36-0-10-04-001.
In addition, the parties dispute the adjacency of certain parcels belonging to Flying
S. Land Co. plaintiffs Gerry and Theresa Tally and James and Janice Bricker. 35 Plaintiffs
contend that Gerry N. and Theresa M. Tally parcel 020-141-01-0-30-20-010.00-0 and
James and Janice Bricker parcel 020-124-18-0-00-03-001.00-0 are adjacent to the
railroad corridor, and defendant contends that these parcels are not adjacent to the
railroad corridor. As discussed above, plaintiffs hired an outside firm to review the
adjacency of these properties to the railroad corridor, and plaintiffs try to rely on the firm’s
findings to argue that Gerry N. and Theresa M. Tally parcel 020-141-01-0-30-20-010.00-
0 is adjacent to the railroad corridor. According to the firm’s findings, Gerry N. and
Theresa M. Tally parcel 020-141-01-0-30-20-010.00-0 “is adjacent to the railroad corridor
for approximately 345 feet. There is no road or parcel in between the parcel and the
corridor on the eastern 345 feet of the parcel. The western portion of this parcel is blocked
by the Church of Christ of Oberlin.” Plaintiffs also submit to the court that “[t]he County
reported that a former street, South Mill Street, was vacated and the south half of the road
sent to the Tally parcel and the north half of the road went to the Church of Christ Parcel.”
Plaintiffs have not provided any evidence that South Mill Street was, indeed, vacated or
who retained the property interest in the street upon this alleged vacation.
35 As noted above, defendant contends that neither Gerry and Theresa Tally parcel 020-
141-01-0-30-20-010.00-0 nor James and Janice Bricker parcel 020-124-18-0-00-03-
001.00-0 are adjacent to the railroad corridor, but defendant stipulates to the adjacency
of the claims for Gerry and Theresa Tally parcel 020-141-01-0-30-19-005.00-0 and James
and Janice Bricker parcels 020-124-18-0-00-09-004.00-0 and 020-124-18-0-00-01-
001.00-0.
39
Defendant argues, “[p]laintiffs’ own maps show that the claim . . . for parcel number
020-141-01-0-30-20-010.00-0, is not adjacent to the rail line as a strip of land not owned
by Plaintiffs Tally separates their property from the rail line.” Plaintiffs’ map does, indeed,
show that no portion of Gerry N. and Theresa M. Tally parcel 020-141-01-0-30-20-010.00-
0 abuts the railroad corridor, as there is a strip of unmarked land lying between the portion
of Gerry N. and Theresa M. Tally parcel 020-141-01-0-30-20-010.00-0 that is not blocked
by the Church of Christ parcel and the railroad corridor. Additionally, plaintiffs’ own maps
show that the railroad corridor lies north of Gerry N. and Theresa M. Tally parcel 020-
141-01-0-30-20-010.00-0. If the road that allegedly lies between Gerry N. and Theresa
M. Tally parcel 020-141-01-0-30-20-010.00-0 and the railroad corridor was vacated and
the north half of the road “went to the Church of Christ parcel,” according to plaintiffs’
maps, Gerry N. and Theresa M. Tally parcel 020-141-01-0-30-20-010.00-0 would still not
be adjacent to the railroad corridor because the Church of Christ’s interest in the vacated
road would lie between Gerry N. and Theresa M. Tally parcel 020-141-01-0-30-20-
010.00-0 and the railroad corridor. Because the parcel is not adjacent to the railroad
corridor, the court grants defendant’s motion for summary judgment on the issue of
adjacency against Flying S. Land Co. plaintiffs Gerry and Theresa Tally parcel 020-141-
01-0-30-20-010.00-0.
With regard to the James and Janice Bricker parcel 020-124-18-0-00-03-001.00-
0, plaintiffs submit that “[a] road, South Railroad Street, is in between this parcel and the
railroad corridor.” Plaintiffs allege that South Railroad Street is a dedicated road that has
not been vacated, although they provide little or no evidence to support these conclusory
allegations. Plaintiffs allege that, “[u]nder Kansas law, roads are easements and, as a
result, the abutting landowners own the underlying fee.”36 Similarly, defendant does not
address the presence of the road and simply alleges that this parcel “is not adjacent to
the rail line on Plaintiffs’ own maps as a strip of land not owned by Plaintiffs Bricker
separates their property from the rail line.” As discussed above, not all Kansas roads are
easements. See Sw. Bell Tel. Co. v. State Corp. Comm’n of Kan., 664 P.2d at 801. If the
road was dedicated at common law, then the public holds only an easement and James
and Janice Bricker retain fee interest in the road right-of-way. See id. If the road was
statutorily dedicated, however, then the fee vests in the public. Id. Given the absence of
evidence in the record, there remains a genuine dispute of material fact as to whether the
road between James and Janice Bricker parcel 020-124-18-0-00-03-001.00-0 and the
railroad corridor was statutorily dedicated or dedicated at common law. Accordingly, the
court denies both plaintiffs’ and defendant’s motions for summary judgment regarding the
James and Janice Bricker parcel 020-124-18-0-00-03-001.00-0.
36Plaintiffs cite to J & S Building Co. v. Columbian Title & Trust Co., 563 P.2d 1086 (Kan.
App. 1977) in support of their argument that “[u]nder Kansas law, roads are
easements . . . .” This citation is not dispositive. Although the decision states, “[a]t
common law the dedication of a street or highway for public use does not operate to divest
the owner of the adjoining land from which the roadway was taken of the fee title,” it does
not indicate that all roads in Kansas are easements. Id. at 1090.
40
Conveyances
As indicated above, the railroad obtained its interest in the railroad corridor in five
ways: condemnation proceedings, the General Railroad Right-of-Way Act of 1875, private
“Right of Way Deeds,” 1950 deeds from the United States, and deeds from the Lincoln
Land Company. The parties have stipulated to the applicable conveyance documents
from plaintiffs’ predecessors-in-interest to the railroad company’s predecessor-in-interest
for all remaining plaintiffs except Flying S. Land Co. plaintiffs Gerry N. and Theresa M.
Tally parcel 020-141-01-0-30-19-005.00-0, Oberlin Concrete Co., James and Janice
Bricker parcels 020-124-18-0-00-09-004.00-0, 020-124-18-0-00-03-001.00-0, and 020-
124-18-0-00-01-001.00-0, Jerry G. and Connie K. Cox parcel 074-056-23-0-40-02-
002.00-0, Garth Gebhard, Paul and Tammy Vincent, and Silverstone & Dake’s Canal,
Inc. parcel 074-056-24-0-20-01-002.00-0. Additionally, although not directly addressed in
their submissions to the court, the parties appear to disagree about the source
conveyance to Flying S. Land Co. plaintiffs Cecil and Lavon Wright and AG Valley
Cooperative. While defendant states in its motion for partial summary judgment that the
NKCR’s predecessor-in-interest obtained its interest in the portion of the railroad corridor
adjacent to Cecil and Lavon Wright and the AG Valley Cooperative by private deed,
plaintiffs assert that the railroad obtained its interest in the railroad corridor adjacent to
these plaintiffs’ properties by condemnation and private deeds.
Lincoln Land Co. Deeds or Condemnation
The parties dispute the applicable source conveyances from plaintiffs’
predecessors-in-title to NKCR’s predecessor-in-interest for the following Flying S. Land
Co. plaintiffs: Gerry N. and Theresa M. Tally parcel 020-141-01-0-30-19-005.00-0,37
Oberlin Concrete Co., James and Janice Bricker parcels 020-124-18-0-00-09-004.00-0,
020-124-18-0-00-03-001.00-0, and 020-124-18-0-00-01-001.00-0, Jerry G. and Connie
K. Cox parcel 074-056-23-0-40-02-002.00-0, Garth Gebhard, Paul and Tammy Vincent,
and Silverstone & Dake’s Canal, Inc. parcel 074-056-24-0-20-01-002.00-0. 38 Plaintiffs
contend that the Burlington, Kansas & Southwestern Railroad Company acquired the
right-of-way over these plaintiffs’ properties through condemnation proceedings in
Decatur and Phillips Counties, Kansas that occurred in 1885. Plaintiffs argue that the
condemnation proceedings only provided NKCR’s predecessor-in-interest with an
easement for railroad purposes. In contrast, defendant contends that the applicable
37The parties also dispute the applicable source conveyance document for Flying S. Land
Co. plaintiff Gerry N. and Theresa M. Tally parcel 020-141-01-0-30-20-010.00-0. As
discussed, the court has granted defendant’s motion for summary judgment against
Flying S. Land Co. plaintiff Gerry N. and Theresa M. Tally parcel 020-141-01-0-30-20-
010.00-0 because it is not adjacent to the railroad corridor.
38As discussed above, the court has denied both plaintiffs’ and defendant’s motions for
partial summary judgment for Flying S. Land Co. plaintiffs James and Janice Bricker
parcel 020-124-18-0-00-03-001.00-0, Garth Gebhard, and Silverstone & Dake’s Canal,
Inc. parcel 074-056-24-0-20-01-002.00-0 because a genuine issue of material fact exists
as to whether plaintiffs’ properties are adjacent to a portion of the railroad corridor.
41
source conveyances for the railroad’s interest in the land adjacent to Flying S. Land Co.
plaintiffs Gerry N. and Theresa M. Tally parcel 020-141-01-0-30-19-005.00-0, Oberlin
Concrete Co., James and Janice Bricker, Jerry G. and Connie K. Cox parcel 074-056-23-
0-40-02-002.00-0, Garth Gebhard, Paul and Tammy Vincent, and Silverstone & Dake’s
Canal, Inc. parcel 074-056-24-0-20-01-002.00-0 are four deeds in which the Lincoln Land
Company granted the land to NKCR’s predecessor-in-interest in fee. Defendant contends
that the applicable source conveyance document for Flying S. Land Co. plaintiffs Gerry
N. and Theresa M. Tally parcel 020-141-01-0-30-19-005.00-0 and Oberlin Concrete Co.
is the Lincoln Land Company deed located at Book 4, Page 330 (Lincoln Land Company
Deed 4-330), the applicable source conveyance document for James and Janice Bricker
is the Lincoln Land Company deed located at Book 4, Page 426 (Lincoln Land Company
Deed 4-426), the applicable source conveyance document for Jerry G. and Connie K.
Cox parcel 074-056-23-0-40-02-002.00-0 and Garth Gebhard is the Lincoln Land
Company deed located at Book M, Page 242 (Lincoln Land Company Deed M-242), and
the applicable source conveyance document for Paul and Tammy Vincent is the Lincoln
Land Company Deed located at Book K, Page 488 (Lincoln Land Company Deed K-488).
Defendant also asserts that the applicable source conveyance documents for Flying S.
Land Co. plaintiff Silverstone & Dake’s Canal, Inc. parcel 074-056-24-0-20-01-002.00-0
are Lincoln Land Company Deed M-242 and Lincoln Land Company Deed K-488.
Defendant alleges that “[a]ssuming that the railroad initially acquired only an easement
by condemnation, in these cases, the railroad subsequently acquired fee title to those
same lands through the Lincoln Land Company deeds.”
In its motion for summary judgment, defendant originally asserted that the grants
in the deeds from the Lincoln Land Company did not contain any restrictions, and NKCR’s
predecessor-in-interest acquired an estate in fee through these conveyance documents.
In its notice of partial withdrawal of its motion for summary judgment, defendant states
that the Lincoln Land Company deeds relevant to Flying S. Land Co. plaintiffs James and
Janice Bricker, Jerry G. and Connie K. Cox parcel 074-056-23-0-40-02-002.00-0, Garth
Gebhard, and Paul and Tammy Vincent should be interpreted to convey an easement.
Defendant also submitted “a revised chart showing the current status of the disputed title
issues,” which indicated that the NKCR only possessed an easement over the section of
the railroad corridor adjacent to Flying S. Land Co. plaintiffs James and Janice Bricker,
Jerry G. and Connie K. Cox parcel 074-056-23-0-40-02-002.00-0, Garth Gebhard, and
Paul and Tammy Vincent. 39 Nevertheless, defendant maintains that the Lincoln Land
Company deeds conveyed a fee interest to NKCR’s predecessor-in-interest in the land
adjacent to Flying S. Land Co. plaintiffs Gerry and Theresa Tally parcel 020-141-01-0-30-
39 Although the parties dispute the applicable source conveyance document for Flying S.
Land Co. plaintiffs James and Janice Bricker parcels 020-124-18-0-00-09-004.00-0 and
020-124-18-0-00-01-001.00-0, Jerry G. and Connie K. Cox parcel 074-056-23-0-40-02-
002.00-0, and Garth Gebhard, as the court’s analysis below demonstrates, regardless of
whether the applicable source conveyance document was a Lincoln Land Company deed
or condemnation proceedings, the NKCR only obtained an easement in the land adjacent
to Flying S. Land Co. plaintiffs James and Janice Bricker parcels 020-124-18-0-00-09-
004.00-0 and 020-124-18-0-00-01-001.00-0, Jerry G. and Connie K. Cox parcel 074-056-
23-0-40-02-002.00-0, and Garth Gebhard.
42
19-005.00-0, Oberlin Concrete Co., and Silverstone & Dake’s Canal, Inc. parcel 074-056-
24-0-20-01-002.00-0. Additionally, on February 23, 2018, in response to an order issued
by the court, defendant submitted a filing to the court that stated “[a]fter reviewing the
prior filings and exhibits, it appears that counsel for the United States accidentally
included Plaintiffs [Paul and Tammy] Vincent’s property in its November 17, 2017 Notice
of Partial Withdrawal of its Cross-Motion for Summary Judgment.” (capitalization in
original). Defendant also asserted that “the Court should interpret that this deed [Lincoln
Land Company Deed] K-488, which is the applicable source deed for both Plaintiffs
Vincent’s property and Silverstone & Dake’s Canal’s parcel number 074-056-24-0-20-01-
002.00-01, conveyed a fee interest to the railroad.” (capitalization in original) (footnote
omitted).
Decatur County, Kansas Condemnation Proceedings or Lincoln Land Company Deed 4-
430
Plaintiffs assert that the applicable source conveyance document for Flying S.
Land Co. plaintiffs Gerry N. and Theresa M. Tally parcel 020-141-01-0-30-19-005.00-0
and Oberlin Concrete Co. is the Decatur County condemnation proceeding. Conversely,
defendant asserts the applicable the source conveyance document for Flying S. Land Co.
plaintiffs Gerry N. and Theresa M. Tally parcel 020-141-01-0-30-19-005.00-0 and Oberlin
Concrete Co. is Lincoln Land Company Deed 4-330. Defendant correctly notes that a
valuation chart created by the ICC in 1917 identifies Lincoln Land Company Deed 4-330
as the applicable source conveyance document for the Gerry N. and Theresa M. Tally
parcel 020-141-01-0-30-19-005.00-0 and Oberlin Concrete Co.’s parcel. Defendant also
states that plaintiffs had previously filed a chart titled “Parcel Legal Descriptions
Comparison to Lincoln Land Co.,” which, according to defendant, “seems to contradict”
plaintiffs’ position on the applicability of Lincoln Land Company Deed 4-330 to Gerry N.
and Theresa M. Tally parcel 020-141-01-0-30-19-005.00-0 and Oberlin Concrete Co.’s
parcel. In plaintiffs’ “Parcel Legal Descriptions Comparison to Lincoln Land Co.” chart,
plaintiffs state that Gerry N. and Theresa M. Tally parcel 020-141-01-0-30-19-005.00-0
and Oberlin Concrete Co.’s parcel are “on the south side of the former corridor and
adjacent to the legal description in the Lincoln Land Company deed. The Lincoln Land
Company deeds lots and blocks match with the valuation maps parcel ID numbers, which
matches the maps provided by plaintiffs.” In response, plaintiffs assert that the Lincoln
Land Company Deed 4-330 “does not involve the railroad right-of-way at all and only
applies to surrounding lots.” Plaintiffs also assert that “it is obvious that the
condemnations do apply, even if partially because the Lincoln Land Company deed is for
lots and does not cover the entire condemnation area.”
The purpose of the Decatur County condemnation proceeding, which occurred in
1885, was “to lay out a [illegible] and Right of Way for the Burlington Kansas and
Southwestern Railroad Company in Decatur County Kansas.” (capitalization in original).
Plaintiffs fail to cite to specific portions of the Decatur County condemnation proceeding
to support their position that the Decatur County condemnation proceeding was the
applicable source conveyance document. The Decatur County condemnation
proceeding, however, does appear to include legal descriptions of parcels that belonged
43
to the Gerry N. and Theresa M. Tally’s predecessor-in-title and Oberlin Concrete Co.’s
predecessor-in-title.
As plaintiffs acknowledge in their “Parcel Legal Descriptions Comparison to Lincoln
Land Co.” chart, however, the ICC valuation chart does identify Lincoln Land Company
Deed 4-330 as the applicable source conveyance document for the sections of the
railroad corridor adjacent the Gerry N. and Theresa M. Tally parcel 020-141-01-0-30-19-
005.00-0 and Oberlin Concrete Co.’s parcel. The pertinent portion of Lincoln Land
Company Deed 4-330 provides:
In consideration of the Payment of Seventeen hundred and Fifty (1750)
Dollars. The Lincoln Land Company hereby sells and conveys to The
Burlington Kansas and South Western Railroad Company the following
described Real Estate situated in the County of Decatur and State of
Kansas to wit:
Lot Nos. Eleven (11) and Twelve (12) in Block No. Twelve (12); Lot Nos.
Twenty one (21), Twenty two (22), Twenty three (23), Twenty four (24),
Thirty Five (35) and Thirty-six (36) in Block No. Thirteen (13); Lot Nos.
Thirty three (33), Thirty four (34), Thirty five (35) and Thirty-six (36) in
Block no. Fourteen (14); Lot nos. One (1), Two (2), Six and Seven (7) in
Block no. Twenty one (21); Lot Nos. One (1), Two (2), Three (3), Four (4),
Five (5), Six (6), Seven (7), Eight (8), Eleven (11), Twelve (12), Thirteen
(13), Fifteen (15), Sixteen (16), Seventeen (17) and Eighteen (18) in Block
No. Twenty two (22); Lot nos. One (1), Two (2), Three (3), Nine (9), Ten
(10), Eleven (11), Twelve (12), Thirteen (13) and Fourteen (14) in Block
no. Twenty three (23); Lot nos. One (1), Two (2), Three (3), Four (4), Five
(5), Six (6), Seven (7), Eight (8) and Ten (10) in Block No. Twenty four (24);
Lot Nos. One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7),
Eight (8), Nine and Ten (10) in Block no. Twenty five (25); Lot nos. One
(1), Three (3) and Five (5) in Block No. Twenty six (26); all in the city of
Oberlin, also the South one hundred (100) feet of commercial place of said
City according to the recorded plat thereof.
Neither party, however, supports their position regarding the applicability of Lincoln Land
Company Deed 4-330 with citation to a map that clearly divides the railroad corridor into
lots and blocks in a manner that is similar to the language used in the granting clause
contained in Lincoln Land Company Deed 4-330. The court, therefore, is unable at this
time to determine from the evidence before the court whether Lincoln Land Company
Deed 4-330 conveyed the entire railroad corridor to NKCR’s predecessor-in-interest, or,
as plaintiff asserts, whether Lincoln Land Company Deed 4-330 only conveyed certain
lots within the railroad corridor to NKCR’s predecessor-in-interest. As a result, there is a
genuine dispute of material fact as to whether the Decatur County condemnation
proceeding or Lincoln Land Company Deed 4-330 is the applicable source conveyance
document for the sections of the railroad corridor adjacent to Gerry N. and Theresa M.
Tally parcel 020-141-01-0-30-19-005.00-0 and Oberlin Concrete Co.’s parcel.
44
Accordingly, the court denies both plaintiffs’ and defendant’s motions for partial summary
judgment for Flying S. Land Co. plaintiffs Gerry N. and Theresa M. Tally parcel 020-141-
01-0-30-19-005.00-0 and Oberlin Concrete Co. parcel 020-141-01-0-30-19-001.00-0.
Phillips County, Kansas Condemnation Proceedings, Lincoln Land Company Deed M-
242, or Lincoln Land Company Deed K-488
Additionally, the parties dispute the applicable source conveyance document for
Flying S. Land Co. plaintiffs Paul and Tammy Vincent and Silverstone & Dake’s Canal,
Inc. parcel 074-056-24-0-20-01-002.00-0. Plaintiffs contend that NKCR’s predecessor-in-
interest acquired its interest in the railroad corridor adjacent to Paul and Tammy Vincent
and Silverstone & Dake’s Canal, Inc. parcel 074-056-24-0-20-01-002.00-0 through
condemnation proceedings in Phillips County, Kansas. Plaintiffs also assert that the deed
defendant identifies as the applicable source conveyance document, Lincoln Land
Company Deed K-488, “is not actually the applicable deed because the Lincoln Land
Company issued a correcting deed in 1886, Book M, Page 242, which ‘take(s) the place
of’ the deed dated June 30, 1885, located at Book K, Page 488.” Defendant, however,
argues that Lincoln Land Company Deed K-488 is the applicable source conveyance
document for Paul and Tammy Vincent and “for most of claim 27.A [Silverstone & Dake’s
Canal, Inc. parcel 074-056-24-0-20-01-002.00-0]” because the ICC “valuation schedule
does not indicate that one deed replaced the other here.” Defendant also states that it
has “identified a portion of claim 27.A [Silverstone & Dake’s Canal, Inc. parcel 074-056-
24-0-20-01-002.00-0] is closest [sic] to the Lincoln Land Co. deed recorded at Book M,
Page 242, but this property is not adjacent to the railroad corridor because of the
intervening state highway, K-383.” 40 Defendant notes that the ICC valuation chart states
that the “[d]eed [is] not in file” for the section of the railroad corridor adjacent to Silverstone
& Dake’s Canal parcel 074-056-24-0-20-01-002.00-0. Defendant, however, states that
the next four parcels on the ICC valuation chart identify Lincoln Land Company Deed K-
488 as the applicable source conveyance document, which, according to defendant,
“clearly indicates it [Lincoln Land Company Deed K-488] is a different deed than the one
that was corrected.” Defendant also argues that, although the ICC valuation chart states
the Lincoln Land Company Deed M-242 “is correcting and taking the place of a deed
dated June 30, 1885, this reference could easily refer to a different document that was
not recorded.” Additionally, defendant argues that Lincoln Land Company Deed K-488
and Lincoln Land Company Deed M-242 “cover different legal descriptions.”
The Phillips County condemnation proceeding was filed in 1885 for “laying off right
of way . . . for the Burlington, Kansas and South Western Rail Road.” Plaintiffs correctly
note the Phillips County condemnation proceeding appears to condemn land for railroad
40 In its February 23, 2018 filing, defendant states that the “United States notes that
Lincoln Land Company deed M-242 covers approximately one-quarter of the relevant
railroad corridor across Highway [K-]383, which separates this parcel [Silverstone &
Dake’s Canal’s parcel 074-056-24-0-20-01-002.00-0] from the rail line. The other 75% of
the railroad corridor is contained in Lincoln Land Company deed K-488.” (internal
references omitted).
45
purposes beginning in the northeast quarter of Section Six, Township One, Range
Eighteen West through the southwest quarter of Section Thirty-One, Township One,
Range Twenty West. Plaintiffs, once again, fail to cite to specific sections of the Phillips
County condemnation proceeding to support plaintiffs’ claim that the applicable source
conveyance document for Paul and Tammy Vincent and Silverstone & Dake’s Canal, Inc.
parcel 074-056-24-0-20-01-002.00-0 is the Phillips County condemnation proceeding,
which does not appear to include a legal description matching the legal description of
either Paul and Tammy Vincent’s parcel or Silverstone & Dake’s Canal, Inc. parcel 074-
056-24-0-20-01-002.00-0. Consequently, it is unclear whether the Phillips County
condemnation proceeding applies to the section of the railroad corridor adjacent to Flying
S. Land Co. plaintiffs Paul and Tammy Vincent and Silverstone & Dake’s Canal, Inc.
parcel 074-056-24-0-20-01-002.00-0.
Lincoln Company Deed K-488 was executed on June 30, 1885 and conveyed a
tract of land to the Burlington, Kansas & Southwestern Railroad Company “for it use
[sic] as Depot grounds at said town of Long Island,” which included land “[c]ommencing
at a point in the East line of Atchinson Avenue in the town of Long in said [Phillips]
County, extended . . . to a point in the South West 1/4 of the North West 1/4 of section
no. Twenty four (24) in Township No. one (1) South of Range no. Twenty (20)
West . . . .” 41 (capitalization in parties’ original joint transcription). Plaintiffs correctly
state in their “Parcel Legal Descriptions Comparison to Lincoln Land Co.” chart that the
legal description for Silverstone & Dake’s Canal, Inc. parcel 074-056-24-0-20-01-
002.00-0 “appears to match the boundary legal description listed in” the legal
description of Lincoln Land Company Deed K-488. 42 The legal description contained in
41 The parties’ joint transcription of Lincoln Land Company Deed K-488 provides “In
Witness Whereof the President of the said Lincoln Land Company has herewith set his
hand and affixed the seal of the company this this 30th day of June 1883.” (capitalization
in parties’ original joint transcription). The parties, however, both state in their partial
cross-motions that Lincoln Land Company Deed K-488 was executed on June 30, 1885,
and the ICC valuation chart indicates that Lincoln Land Company Deed K-488 was
executed on June 30, 1885. The copy of Lincoln Land Company Deed K-488 that the
parties submitted to the court, which is largely illegible, appears to state “this 30th day of
June 1885.” Thus, the parties’ joint transcription of Lincoln Land Company Deed K-488
incorrectly provides that Lincoln Land Company Deed K-488 was executed in 1883.
42Plaintiffs state that the legal description of Silverstone & Dake’s Canal, Inc. parcel
074-056-24-0-20-01-002.00-0 is:
East Half of Northwest Quarter (E1/2NW1/4) of Sec. 24, Twp 1 South,
R.20West AND West Half of the Northeast Quarter (W1/2NE1/4) and all that
part of the West Half of the Northwest Quarter (W1/2NW1/4) lying South
and East of the Burlington, Kansas, Southwestern Railroad right-of-way and
depot grounds, except that paart [sic] included in plat and survey of Original
Town of First Addition to Town of Long Island, Kansas, all in Section
46
the granting clause of Lincoln Land Company Deed K-488 also appears to include Paul
and Tammy Vincent’s parcel, as the maps submitted to the court by plaintiffs show that
Paul and Tammy Vincent’s parcel is east of Atchinson Avenue in the direction of
Section 24. 43
The ICC valuation chart, however, also identifies Lincoln Land Company Deed
M-242 as an applicable source conveyance document for a section of the railroad
corridor and indicates that Lincoln Land Company Deed M-242 was “made to correct
error in deed dated 6/30/85 from same Grantor. Deed not in file.” The pertinent portion
of Lincoln Land Company Deed M-242 states:
In consideration of the Payment of One ($1.00) Dollars, the Lincoln Land
Company hereby sells and conveys to the Burlington Kansas and South
Western Railroad Company all of its right, title and interest in and to the
following described real estate situate in Phillips County and State of
Kansas to wit: The right of way one hundred feet wide being fifty feet on
each side of the center line of the B. K. and S.W. R.R. and commencing at
the North East end of the tract of land used by said Railroad Co. as Depot
grounds at the town of Long Island in said county and state, which said tract
was by deed bearing date June 30, 1885 conveyed by the said Land Co. to
said R.R. Co. and from thence running in a North Easterly direction to the
East line of the West half of the North West Quarter of section no. Twenty
four (24) in Township no. One (1) South of Range no. Twenty 20 West of
6th P.M. Also the right of way as aforesaid beginning a the South West end
of the aforesaid Depot grounds and running [illegible] thence in a South
westerly direction to the West line of the South East quarter (SE¼) of
section no. Twenty three (23) in Tp. No. One (1) South of Range no. Twenty
(20) West of the Sixth Principal Meridian.
This deed is made to correct and take the place of a certain other deed
bearing date June 30, 1885 and made by the grantor hereof to the grantee
hereto the intentions of which was to convey the right of way as above
described but in which several errors in describing directions of lines
[illegible] were made. This deed being intended to [illegible] [illegible] said
former deed, subject to the taxes of the year (1885) and thereafter.
(capitalization and alterations in the parties’ original joint transcription).
Twenty-Four (24), Township One (1) South, Range Twenty (20) West of the
6th P.M., Phillips County, Kansas.
(capitalization in original).
43 Plaintiffs state that the legal description of Paul and Tammy Vincent parcel 074-056-
23-0-10-01-001.00-0 is “Northeast Quarter (NE/4) of Section Twenty-three (23),
Township One (1), South, Range Twenty (20), West of the Sixth (6th) P.M. except
irregular tract #2822.” (capitalization in original).
47
Lincoln Land Company Deed M-242 indicates that it was issued to correct errors in
the legal description contained in a deed that executed on June 30, 1885, which is the
date Lincoln Land Company Deed K-488 was executed, between the Lincoln Land
Company and the Burlington, Kansas & Southwestern Railroad Company, who were the
parties that executed Lincoln Land Company Deed K-488. Lincoln Land Company Deed
K-488 conveyed a tract of land to the Burlington, Kansas & Southwestern Railroad
Company “for it [sic] use as Depot grounds . . . .” (capitalization in parties’ original joint
transcription). The pertinent portion of Lincoln Land Company Deed M-242 states that
the Lincoln Land Company is conveying a one-hundred foot wide “right of way” to the
Burlington, Kansas & Southwestern Railroad Company that extends northeast from “the
tract of land used by said Railroad Co. as Depot grounds,” to the “East line of the West
half of the North West Quarter of section no. Twenty four (24) in Township no. One (1)
South of Range no. Twenty 20 West of 6th P.M.” (capitalization in parties’ original joint
transcription). Lincoln Land Company Deed M-242 also conveys a “right of way”
beginning at the “South West end of the aforesaid Depot grounds and running [illegible]
thence in a South westerly direction to the West line of the South East quarter (SE¼) of
section no. Twenty three (23) in Tp. No. One (1) South of Range no. Twenty (20)
West . . . .” (capitalization and alterations in parties’ original joint transcription). Lincoln
Land Company Deed’s M-242 reference to the date that Lincoln Land Company Deed
K-488 was executed on, to the parties that executed Lincoln Land Company Deed K-
488, and to the subject matter conveyed in Lincoln Land Company Deed K-488 indicates
that Lincoln Land Company Deed M-242 was “made to correct” errors in Lincoln Land
Deed K-488’s description of the “right of way[s]” that extend from the depot grounds.
Additionally, the legal descriptions contained in Lincoln Land Company Deed M-242 also
appear to match the legal descriptions of Paul and Tammy Vincent’s parcel and
Silverstone & Dake’s Canal, Inc. parcel 074-056-24-0-20-01-002.00-0.
The parties, however, have not established where “the tract of land used by said
Railroad Co. as Depot grounds” ends and where the “right of way[s]” described in Lincoln
Land Company Deed M-242 begin. The maps depicting Paul and Tammy Vincent’s parcel
and Silverstone & Dake’s Canal, Inc. parcel 074-056-24-0-20-01-002.00-0, which were
submitted to the court by plaintiffs and utilized by defendant, appear to show that there
are several structures near Paul and Tammy Vincent’s parcel and Silverstone & Dake’s
Canal, Inc. parcel 074-056-24-0-20-01-002.00-0 that could have been used as depot
grounds. Some of those structures appear to be adjacent to Paul and Tammy Vincent’s
parcel and Silverstone & Dake’s Canal, Inc. parcel 074-056-24-0-20-01-002.00-0, but it
is unclear whether any of the structures on the maps submitted to the court are the depot
grounds referenced in Lincoln Land Company Deed M-242. Consequently, there remains
a genuine issue of material fact as to whether the Phillips County condemnation
proceeding, Lincoln Land Company Deed K-488, or Lincoln Land Company Deed M-242
conveyed the land adjacent to Paul and Tammy Vincent’s parcel and Silverstone &
Dake’s Canal, Inc. parcel 074-056-24-0-20-01-002.00-0 to NKCR’s predecessor-in-
interest. The court, therefore, denies both plaintiffs’ and defendant’s motions for partial
summary judgment for Flying S. Land Co. Paul and Tammy Vincent parcel 074-056-23-
0-10-01-001.00-0 and Silverstone & Dake’s Canal, Inc. parcel 074-056-24-0-20-01-
002.00-0.
48
Fee or Easement
The parties have stipulated that NKCR’s predecessor-in-interest obtained only an
easement over the portion of the railroad corridor obtained via condemnation proceedings
and the General Railroad Right-of-Way Act of 1875. The parties initially disagreed,
however, as to whether NKCR’s predecessor-in-interest obtained fee interest or an
easement over the portions of the railroad corridor it obtained via private “Right of Way”
deeds, 1950 deeds from the United States, and the deeds from the Lincoln Land
Company. In its notice of partial withdrawal of its cross-motion for summary judgment,
defendant stated that “has determined and acknowledges that several of the deeds in this
action are similar to the deed in Jenkins that the Kansas Supreme Court ruled should be
interpreted to convey only an easement because the language implied a railroad use.”44
Condemnation
The parties have stipulated the following plaintiffs’ properties are adjacent to a
portion of the railroad corridor obtained by condemnation: Arnold plaintiffs John Arnold
and Susan Bolek parcels 107-35-0-00-00-003-00-0, and B & D Farm, LLC parcel 136-14-
0-00-00-002-00-0; Flying S. Land Co. plaintiffs Dolores M. Koerperich Revocable Living
Trust 020-133-05-0-00-00-004.00-0, Clem Koerperich parcels 020-133-05-0-00-00-
003.00-0 and 020-133-08-0-00-00-004.00-0, William C. and Bertha G. Rea parcel 020-
135-15-0-00-00-003.00-0, Leo and Carolyn Zodrow 020-122-09-0-00-00-001.00-0, Flying
S. Land Company parcels 020-123-08-0-00-00-004.00-0, 020-122-04-0-00-00-002.00-0,
and 020-121-01-0-00-00-001.00-0, Flying S. Partnership parcel 020-108-34-0-00-00-
003.00-0, Dale and Lenora Soderland parcel 020-123-08-0-00-00-001.00-0, and Clayton
and Catherine Cox parcel 074-058-27-0-00-00-002.00-0; and Dawson plaintiffs G & M
44 In Jenkins v. Chicago Pacific Corp., the plaintiff sought to quiet title to land that was
located under an abandoned railroad line. See Jenkins v. Chicago Pac. Corp., 403 P.3d
at 1215. The plaintiff asserted her interest in the land derived from a deed executed by a
railroad company in 1886. Id. The Supreme Court of Kansas noted that:
The 1886 deed shows that the grantors conveyed to the railroad company
a strip of land running through a larger collection of parcels the grantors
owned. The deed itself reveals that the company had staked and located
the railway’s proposed route before the conveyance. The deed fixed the
strip’s location on the grantors’ properties as the land on either side of the
centerline. It described those portions of the grantors’ collection of parcels
included in the conveyance as land within a given number of feet of the
centerline—both as the centerline passes through a large tract and as that
swath crossed parts of city lots and those whole city lots through which the
centerline ran.
Id. at 1219. The Supreme Court of Kansas concluded the 1886 deed conveyed an
easement because “the deed reflects the property was conveyed as the right of way for
the grantee’s planned railroad.” Id. at 1220.
49
Properties, LP, Linda J. Tomasch, John E. Bremer, and David G. Bremer parcels 13-209-
000-00-30-00 and 13-516-000-00-00-20-00. The parties also have stipulated that the
railroad held only an easement over the portion of the right-of-way it obtained via
condemnation proceedings in the State of Kansas. 45 Kansas established the right of
condemnation for railroad companies in 1868:
Any duly chartered and organized railway corporation may apply to the
board of county commissioners of any county through which such
corporation proposes to construct its road, to lay off, along the line of such
proposed railroad, as located by such company, a route for such proposed
railroad, not exceeding one hundred feet in width . . . a right of way over
adjacent lands sufficient to enable such company to construct and repair its
roads and stations, and a right to conduct water by aqueducts, and the right
of making proper drains.
Kan. Gen. Stat. Ch. 23, § 81 (1868). In Kansas Central Railway Company v. Allen, the
Supreme Court of Kansas interpreted this statute to limit any easement a railroad
company may obtain via condemnation to railroad purposes, stating:
[T]he perpetual use of the land condemned shall vest in the railroad
company to which it is appropriated for the use of the railroad . . . . Under
the law of 1868 a mere easement is only granted . . . . This includes the
right to employ the land taken for the purposes of constructing, maintaining,
and operating a railroad thereon. Under this right, the company has the free
and perfect use of the surface of the land, so far as necessary for all its
purposes, and the right to use as much above and below the surface as
may be needed.
Kan. Cent. Ry. Co. v. Allen, 22 Kan. 285, 293 (1879); see also Anna F. Nordhus Family
Tr. v. United States, 98 Fed. Cl. 331, 336 (2011) (“Under Kansas law, it is clear that
railroads exercising statutory powers of condemnation acquired easements in the right-
of-way.”).
This statute, as interpreted by the Supreme Court of Kansas in Kansas Central
Railway Company v. Allen, supports the parties’ stipulation that NKCR’s predecessor-in-
interest obtained only an easement over the portion of the railroad corridor obtained by
condemnation because the Supreme Court of Kansas makes clear that “a mere easement
only is granted.” Id. The Supreme Court of Kansas’ interpretation of the statute in Kansas
Central Railway Company v. Allen supports plaintiffs’ contention that the easement was
limited to railroad purposes because it interprets the statute to give a railroad company
“the free and perfect use of . . . the land, so far as necessary for all its purposes . . . .” Id.
(emphasis added).
45 The portion of the railroad corridor the railroad company’s predecessor-in-interest
obtained via condemnation is entirely in the State of Kansas. Accordingly, only Kansas
state law is applicable to determine whether the condemnation conveyed this portion of
the corridor to the railroad company in fee or as an easement.
50
Accordingly, as the parties have stipulated, NKCR’s predecessor-in-interest
obtained only an easement over the portion of the railroad corridor obtained via
condemnation in Kansas. The parties have stipulated the following plaintiffs’ land are
adjacent to a portion of the railroad corridor obtained by condemnation: Arnold plaintiffs
John Arnold and Susan Bolek parcels 107-35-0-00-00-003-00-0, and B & D Farm, LLC
parcel 136-14-0-00-00-002-00-0 46; Flying S. Land Co. plaintiffs Dolores M. Koerperich
Revocable Living Trust 020-133-05-0-00-00-004.00-0, Clem Koerperich parcels 020-133-
05-0-00-00-003.00-0 and 020-133-08-0-00-00-004.00-0, William C. and Bertha G. Rea
parcel 020-135-15-0-00-00-003.00-0, 47 Leo and Carolyn Zodrow 020-122-09-0-00-00-
001.00-0, Flying S. Land Company parcels 020-123-08-0-00-00-004.00-0, 020-122-04-
0-00-00-002.00-0, and 020-121-01-0-00-00-001.00-0, Flying S. Partnership parcel 020-
108-34-0-00-00-003.00-0, Dale and Lenora Soderland parcel 020-123-08-0-00-00-
001.00-0, and Clayton and Catherine Cox parcel 074-058-27-0-00-00-002.00-0; and
Dawson plaintiffs G & M Properties, 48 LP, Linda J. Tomasch, John E. Bremer, and David
G. Bremer parcels 13-209-000-00-30-00 and 13-516-000-00-00-20-00. The court,
therefore, grants Arnold, Flying S. Land Co., and Dawson plaintiffs’ motions for partial
summary judgment regarding title and adjacency for those plaintiffs who owned property
on the date the NITU was issued that was adjacent to a portion of the railroad corridor,
which the parties have stipulated was all of the above named plaintiffs, over which NKCR
holds only an easement limited to railroad purposes. 49 50
General Railroad Right–of–Way Act of 1875
As discussed above, the Burlington, Kansas & Southwestern Railroad Company,
NKCR’s predecessor-in-interest, acquired a portion of the land needed to construct the
railroad corridor via the General Railroad Right–of–Way Act of 1875. The land acquired
46The court only grants partial summary judgment for the portion of B & D Farm, LLC’s
parcel obtained by condemnation. The court analyzes the portion of B & D Farm, LLC’s
parcel obtained by Right of Way deed separately.
47The court only grants partial summary judgment for the portion of William C. and Bertha
G. Rea’s parcel obtained by condemnation. The court analyzes the portion of William C.
and Bertha G. Rea’s parcel obtained through the General Railroad Right–of–Way Act of
1875 separately.
48The court only grants partial summary judgment for the portion of G & M Properties,
LP’s parcel obtained by condemnation. The court analyzes the portion of G & M
Properties, LP’s parcel obtained through the Right of Way deed separately.
49 The court notes that ownership of the land underlying the railroad corridor is only one
of the determinative issues for takings liability under the Trails Act. See Ladd v. United
States, 630 F.3d at 1019.
50 See Preseault II, 100 F.3d at 1537 (concluding plaintiffs owned the land underlying the
railroad corridor when the railroad company only acquired an easement in the railroad
corridor).
51
through the General Railroad Right–of–Way Act of 1875 includes the following Flying S.
Land Co. plaintiffs’ properties: William C. and Bertha G. Rea, Leo and Carolyn Zodrow
parcel 020-136-13-0-00-00-002.1-0, and GRS Revocable Trust.
In United States v. Brandt, the United States Supreme Court held that the United
States Congress only granted railroad companies easements over land obtained via the
General Railroad Right-of-Way Act of 1875. United States v. Brandt, 134 S. Ct. at 1268.
Because the railroad corridor at issue in United States v. Brandt had been abandoned,
the United States Supreme Court did not address the scope of the easement conveyed
by the General Railroad Right-of-Way Act of 1875. 51 Id. at 1266.
Defendant does not dispute that the railroad company’s predecessor-in-interest
obtained only an easement limited to railroad purposes over the portion of the railroad
corridor obtained via the General Railroad Right–of–Way Act of 1875. Accordingly, the
court grants Flying S. Land Co. plaintiffs’ motion for partial summary judgment regarding
title and adjacency for William C. and Bertha G. Rea parcel 020-135-15-0-00-00-003.00-
0, Leo and Carolyn Zodrow parcels 020-136-13-0-00-00-002.01-0 and 020-122-09-0-00-
00-001.00-0, and GRS Revocable Trust parcels 020-113-06-0-00-00-003.00-0, 020-113-
06-0-00-00-002.00-0, and 020-108-33-0-00-00-003.00-0, all of whom owned property on
the date the NITU was issued that is adjacent to a portion of the railroad corridor over
which NKCR holds only an easement limited to railroad purposes. 52
Right of Way Deeds
The railroad obtained its interest in the railroad corridor, in part, via private “Right
of Way” deeds between plaintiffs’ predecessors-in-title and the railroad company’s
predecessor-in-interest. The general language of these Right of Way deeds is consistent
from deed to deed. Only the specifics, such as parcel description, grantor, and
consideration change from deed to deed. All of the deeds are titled “Right of Way Deed;”
all of the deeds convey a “Strip of ground” ranging between 100 to 150 feet in width that
are described in relation to the centerline of the railroad; all of the deeds use the language
“assigns forever;” all of the deeds permit the railroad to construct and maintain a snow
51 Despite the fact that the United States Supreme Court did not address the scope of the
easement conveyed by the 1875 Act in United States v. Brandt, plaintiffs contend that,
“the Supreme Court has already ruled that the 1875 Act of Congress conveyed an
easement . . . limited to railroad purposes only. . . .” Additionally, a judge of the United
States Court of Federal Claims cited United States v. Brandt in a footnote in support of a
statement that “the 1875 Act did not provide or suggest that easements granted to
railroads under that Act would encompass any additional uses beyond railroad purposes.”
Geneva Rock Products, Inc. v. United States, 119 Fed. Cl. 581, 585 n.4 (2015), rev’d in
part on other grounds sub nom., Longnecker v. United States, 2016 WL 9445914 (Fed.
Cir. Nov. 14, 2016).
52 See Preseault II, 100 F.3d at 1537 (concluding plaintiffs owned the land underlying
the railroad corridor when the railroad company only acquired an easement in the
railroad corridor).
52
fence; and all of the deeds describe the conveyance as a “right of way.” Plaintiffs contend
that the railroad company holds only an easement limited to railroad purposes over the
portions of the railroad corridor obtained via these Right of Way deeds. Defendant
originally contended that the railroad company holds fee interest in the portion of the
railroad corridor obtained via these Right of Way deeds. Defendant “acknowledges” in its
notice of partial withdrawal of its cross-motion for summary judgment that almost all of
the Right of Way deeds “should be interpreted to convey only an easement because the
language implied a railroad use.” Defendant, however, asserts that the private Right of
Way deed from A. L. Hicks (Hicks deed), which conveyed to NKCR’s predecessor-in-
interest the land underlying the railroad corridor adjacent to Flying S. Land Co. plaintiff
AG Valley Cooperative, should be interpreted to convey fee simple. Defendant argues
the Hicks deed conveyed fee interest to NKCR’s predecessor-in-interest because the
Hicks deed was executed after the railroad corridor was constructed.
Kansas courts have “uniformly held that railroads do not own fee titles to narrow
strips of land taken as a right-of-way, regardless of whether they are taken by
condemnation or right-of-way deed.” Harvest Queen Mill & Elevator Co. v. Sanders, 370
P.2d 419, 423 (Kan. 1962) (reaffirming the rule established in Abercrombie v. Simmons,
81 P. 208 (Kan. 1905)); see also Jenkins v. Chicago Pac. Corp., 403 P.3d at 1216-17
(“When a railroad company acquires a strip of land for a right of way it generally takes
only an easement. This is the rule whether the strip is acquired by condemnation or
deed.”). To determine whether a deed conveyed land to a railroad as a right-of-way,
Kansas courts first look to the deed itself. Stone v. Haddan, 91 P.3d 1194, 1203-04 (Kan.
2004).
Kansas law holds that, in construing a deed, the first step is to determine whether
the deed is ambiguous. Cent. Natural Res., Inc. v. Davis Operating Co., 201 P.3d 680,
687 (Kan. 2009) (citing Wood River Pipeline Co. v. Willbros Energy Servs. Co., 738 P.2d
866 (Kan. 1987)). In making this determination, Kansas courts apply “the plain, general,
and common meaning of the terms used in the instrument.” Id. (citing Johnson v. Johnson,
645 P.2d 911 (Kan. 1982)). “An instrument is ambiguous when the application of pertinent
rules of interpretation to the whole ‘fails to make certain which one of two or more
meanings is conveyed by the words employed by the parties.’” Id. (quoting Wood v.
Hatcher, 428 P.2d 799 (Kan. 1967)).
If language in the deed is unambiguous, then the court should not look beyond the
four corners of the deed. See Stone v. Haddan, 91 P.3d at 1203. The court should analyze
the deed according to the general rule in Kansas “that deeds purporting to convey to
railroads a strip, piece, parcel, or tract of land which do not describe or refer to its use or
purpose or directly or indirectly limit the estate conveyed are generally construed as
passing an estate in fee.” Id. at 1204. Therefore, when a deed executed by a railroad
company contains express or implied use restrictions, reversionary clauses, or anything
indicating that the land is for a right-of-way, the railroad company receives only an
easement limited to railroad purposes over that property. See id.; see also Jenkins v. Chi.
Pac. Corp., 403 P.3d at 1217 (“[O]ur caselaw consistently holds that when the source of
the railroad company’s interest is a deed, the railroad acquires only an easement if the
53
deed expressly or impliedly conveyed the property for use as a right of way.” (citations
omitted)); Abercrombie v. Simmons, 81 P. at 211.
Plaintiffs claim that NKCR’s predecessor-in-interest obtained only an easement
over the portion of the railroad corridor acquired by the Right of Way deeds. Plaintiffs
argue that “[a]ll of the deeds are form deeds entitled ‘Right-of-way deed’ and contain the
same ‘right-of-way’ language in the body of the deed.” Therefore, according to plaintiffs,
“[a]ll of the deeds at issue clearly refer to and grant a right-of-way for the construction of
the railroad and, under the statutory scheme in Kansas, granted easements to the railroad
for railroad purposes.”
Because the court is able to discern the meaning of the Right of Way deeds from
the plain language of the deeds, the Right of Way deeds are unambiguous. The plain
language of the Right of Way deeds indicates that the parties to these Right of Way deeds
understood the conveyance to be for a railroad right-of-way. Under Kansas law, “[w]hen
a railroad company acquires a strip of land for a right of way it generally takes only an
easement.” Jenkins v. Chi. Pac. Corp., 403 P.3d at 1216-17; see also Abercrombie v.
Simmons, 81 P. at 211. The deeds described the conveyances as a “Strip of ground 100
feet wide it being 50 feet on each side of the center line of the Railroad of said Company.”
In numerous cases, Kansas courts have found that parties to a conveyance contemplated
that the conveyance was for a right-of-way when the conveyance was for a narrow strip
of land described in relation to the centerline of the railroad. See Jenkins v. Chi. Pac.
Corp., 403 P.3d at 1216-17; Harvest Queen Mill & Elevator Co. v. Sanders, 370 P.2 at
423; Abercrombie v. Simmons, 81 P. at 209; Atchison, Topeka & Santa Fe Rwy. Co. v.
Humberg, 675 P.2d 375, 376 (Kan. App. 1984). In Biery v. United States, the United
States Court of Appeals for the Federal Circuit found that, under Kansas law, a deed
intended to convey to a railroad company a right-of-way, in part because the deed
described the tract of land “in relation to the centerline of the railway . . . .” Biery v. United
States, 753 F.3d at 1289. The fact that the Right of Way deeds conveyed narrow strips
of land that were described in relation to the centerline of the railroad weighs significantly
in favor of the court finding that the parties intended the conveyances to be for a right-of-
way.
Additionally, a number of factors considered together lead the court to conclude
that the parties intended the conveyances to be for a right-of-way. As mentioned above,
the deeds conveyed a narrow strip of ground described in relation to the center line of the
railroad. Further, the deeds were labeled “Right of Way” deeds, and the bodies of the
instruments describe the conveyance as a “right of way.” The use of the term “right of
way” in the bodies of the Right of Way deeds at issue in Dawson, Arnold, and Flying S.
Land Co. indicates “that the parties expressly, or at a minimum, impliedly, intended to
convey or confirm an easement,” as was the case in Biery v. United States. See Biery v.
United States, 753 F.3d at 1290. Although the deeds state “assigns forever,” given the
other language in the deeds, this language does not definitively establish that the land
was transferred in fee. See Biery v. United States, 753 F.3d at 1280 (applying Kansas
law and concluding that a deed that said “right-of-way” in the body of the deed conveyed
only an easement to the railroad despite pre-printed language using the words “fee
54
simple”); Jenkins v. Chi. Pac. Corp., 403 P.3d at 1218-19 (determining a deed that
conveyed a strip of land to a railroad company and provided the railroad company was
“To have and to Hold the Same Together with all and singular tenements, hereditaments
and appurtenances Hereunto belonging or in anywise appertaining forever” only
conveyed an easement (capitalization in original); Abercrombie v. Simmons, 81 P. at 210
(“The fact that the deed contains covenants of warranty, or that the right acquired is
designated as a fee, is not necessarily controlling.”); see also Gilman v. Blocks, 235 P.3d
503, 511 (Kan. App. Ct. 2010) (citation omitted) (noting that easements may be granted
in perpetuity).
The court also finds defendant’s argument that the Hicks deed conveyed fee
simple to be unavailing. The Hicks deed provided:
That A. L. Hicks and Effie L. Hicks . . . in consideration of the sum of One
($1.00) Dollars . . . do hereby grant, bargain, sell and convey unto Chicago,
Burlington & Quincy Railroad Company, its successors and assigns, the
following described Real Estate, situated in Norton County, State of Kansas,
to-wit: A strip of land One Hundred Fifty (150) Feet wide on the northerly
side of, and adjoining the northerly side of the present Right of Way of the
Rail of said railroad Company, extending over and across the [legal
descriptions of lots and sections] the northerly line of the present Right of
Way being a line drawn Fifty (50) Feet distant from, parallel to and on the
northerly side of the center line of the railroad of said railroad company, as
the same is now located and constructed over and across the land above
described. To have and to hold the same unto the said railroad company,
its successors and assigns forever. And in addition to the Right of Way
described above, they hereby grant, for themselves, and their heirs and
assign the right to said Railroad Company to erect and maintain a snow
fence for the term of four months, each and every year . . . .
Defendant argues the Hicks deed conveyed fee simple to the railroad and contends the
deed is similar to the deeds analyzed by the Court of Appeals of Kansas in Schoenberger
v. United States, 26 P.3d 700 (Kan. Ct. App. 2000), because the Hicks deed provides that
the railroad corridor had already been constructed and conveys a strip of land on the
northerly side of a preexisting railroad corridor. Conversely, plaintiffs contend the Hicks
deed was a voluntary grant under Kansas law because it granted the railroad a right-of-
way for the consideration of one dollar, which, according to plaintiffs, indicates that
NKCR’s predecessor-in-interest only received an easement limited to railroad purposes.
In Schoenberger v. United States, the Court of Appeals of Kansas found that a
warranty deed executed in 1887 and a warranty deed executed in 1888 conveyed fee
simple to a railroad company. Schoenberger v. United States, 26 P.3d at 701. Although
the Court of Appeals of Kansas did not provide the entire text of 1887 or 1888 deed in its
opinion, the Court of Appeals of Kansas did state that the 1887 deed “provided that for
consideration, the grantor conveyed the described property to ‘Have and to Hold the
Same Together with all and singular the tenements, hereditaments, and appurtenances
55
thereunto belonging or in anywise appertaining forever,” warranted the property “was
‘lawfully seized in [its] own right of an absolute and indefeasible estate,’” and did not
contain a reversionary clause. Id. (emphasis and alteration in original). Similarly, the 1888
deed “provided that for consideration, the grantor conveyed the described property ‘to
have and to hold the same together with all and singular the tenements hereditaments
and appurtenances thereunto belonging or in anywise appertaining forever,’” warranted
the property “was ‘lawfully seized in its own right of an absolute and indefeasible estate
of inheritance in fee simple,’” and did “not contain any expressed use restriction.” Id.
(emphasis in original). The court stated “the lack of any express or implied use restriction
require[d]” the court to concluded the deeds conveyed fee simple. Id.
The Hicks deed, however, does contain implied restrictions. The Hicks deed is
titled as a “RIGHT OF WAY DEED.” (capitalization in original). After describing the land
being conveyed to the Chicago, Burlington & Quincy Railroad Company, the Hicks deed
states “in addition to the Right of Way described above, they hereby grant . . . the right to
the said Railroad Company to erect and maintain a snow fence.” As discussed, the use
of the term “right of way” in the body of a Right of Way deed to describe the land being
conveyed indicates “that the parties expressly, or at a minimum, impliedly, intended to
convey or confirm an easement.” See Biery v. United States, 753 F.3d at 1290. Unlike
the deeds at issue in Schoenberger v. United States, in which the Court of Appeals of
Kansas stated the absence of “any express or implied restrictions require[d]” the court to
find the deeds conveyed easements, the Hicks deed contains at least an implied
restriction. See Schoenberger v. United States, 26 P.3d at 701. The court, therefore, finds
that the Hicks deed only conveyed an easement to NKCR’s predecessor-in-interest the
land underlying the section of the railroad corridor that is adjacent to Flying S. Land Co.
plaintiff AG Valley Cooperative.
Because it appears from the language of all of the Right of Way deeds that the
conveyances in Arnold, Flying S. Land Co., and Dawson were intended as a right-of-way
by both parties, the railroad company obtained only an easement over the portions of the
railroad corridor obtained by Right of Way deeds. Accordingly, the court grants Arnold,
Flying S. Land Co., and Dawson plaintiffs’ motions for partial summary judgment
regarding title and adjacency for the following plaintiffs who owned property on the date
the NITU was issued that is adjacent to a portion of the railroad corridor over which NKCR
holds only an easement limited to railroad purposes. 53 The portions of the right-of-way
obtained by Right of Way deeds pertain to the following plaintiffs’ lands: Arnold plaintiffs
B & D Farms, LLC parcel 136-14-0-00-00-002-00-0, H. Drake and Karen Gebhard parcel
069-101-02-0-00-00-002-02-0-01, Cecilia Hillebrand parcels 069-101-02-0-00-00-002-
01-0-01, 069-101-02-0-00-00-002-03-0-01, and 069-144-17-0-00-00-002-00-0-01,
Jackson Irrevocable Farm Trust parcel 069-30-0-00-00-001-00-0-01, Lee Martin
Revocable Trust parcel 135-15-0-00-00-002, Bernice Martin parcel 121-02-0-00-00-004-
53 See Preseault II, 100 F.3d at 1537 (concluding plaintiffs owned the land underlying the
railroad corridor when the railroad company only acquired an easement in the railroad
corridor).
56
00-0, Harold and Kristelle Mizell parcel 069-151-01-0-00-00-003-00-0-01, 54 Rodney and
Tonda Ross’s parcel 069-101-02-0-00-00-001-00-0-01 on northern side of railroad
corridor, Ricky Temple parcel 069-067-35-0-00-00-002-00-0-01, L & S Tubbs Family
parcel 074-058-28-0-00-00-001-02-0, L.P., John C. Tweed Trust and Joann Tweed Trust
parcel 069-143-07-0-00-00-004-00-0-01, Ivan and Cathy Bohl Living Trust parcel 069-
151-01-0-00-00-002-00-0-01, and Morlock Children’s Trust parcel 069-068-27-0-00-00-
003-00-0-01; Flying S. Land Co. plaintiffs Dolores M. Koerperich Revocable Living Trust
parcel 020-133-05-0-00-00-001.00-0, Sauvage Gas Service parcel 020-136-13-0-00-00-
003.00-0, Flying S. Land Company parcel 020-109-31-0-00-00-001.00-0, Judith E.
Nelson parcel 020-122-03-0-00-00-002.00-0, Jonathan and Karen Cozad parcel 020-
107-25-0-00-00-001.00-0, Cecil and Lavon Wright parcel 069-151-02-0-00-00-002.00-0-
01, 55 AG Valley Cooperative parcel 069-151-02-0-00-00-001.00-0-01, Richard and
Robert McChesney parcel 069-143-07-0-00-00-001.00-0-01, Edward Braun parcel 069-
144-17-0-00-00-002.00-0-01, Arnold K. Graham, et al. parcel 074-059-31-0-00-00-
001.00-0, Jerry G. and Connie K. Cox parcel 074-056-23-0-00-00-003.00-0, Silverstone
& Dake’s Canal, Inc. parcel 074-056-24-0-20-02-001.00-0, and Craig E. Ingram Living
Trust and Genine L. Ingram Living Trust parcel 074-044-18-0-00-00-002.00-0; and
Dawson plaintiffs Conrad C. and Mary R. Cox parcel 74-044-180-00-00-003-00-0, 56 Carol
K. Ross and Kay L. Lee parcel 74-059-310-00-00-003-00-0, Shirley Kats Revocable Trust
and Derek Kats Revocable Trust parcels 069-104-18-0-00-00-003-00-0-01 and 069-104-
19-0-00-00-002-00-0-01, Rosemary L. Mathes parcel 069-132-03-0-00-03-001-00-0-01,
Duane R. and Darlene McEwen parcel 069-132-03-0-00-03-00101-0-01, M. Lee and
Angela Juenemann parcels 069-143-06-0-00-00-002-00-0-01 and 069-143-07-0-00-00-
002-00-0-01, G & M Properties, LP parcel 069-068-34-0-00-00-003-00-0-01, Joe L.
Dawson parcel 069-069-29-0-00-00-003-00-0-01, Bruce G. Guinn, Jr. parcel 13-306-020-
01-01-80-00, Jason and Travis Dial parcels 069-088-34-0-40-32-003-00-0-01 and 069-
088-34-0-40-32-004-00-0-01, Larry L. and Iris L. Smith, trustees of the Larry L. Smith and
Iris L. Smith Revocable Living Trust parcel 069-088-34-0-40-32-002-00-0-01, and Lloyd
E. and Pamela Y. Edgett parcel 069-088-34-0-30-07-004-00-0-01.
54As noted above, Harold and Kristelle Mizell own two land parcels at issue in this case.
The parties dispute the adjacency of parcel 107-36-0-10-04-001, but the parties do not
dispute adjacency for parcel 069-151-01-0-00-00-003-00-0-01. The court grants plaintiffs’
partial motion for summary judgment only with regard to parcel 069-151-01-0-00-00-003-
00-0-01. As discussed above, parcel 107-36-0-10-04-001 remains in dispute as to
adjacency.
55 As noted above, the parties appear to dispute the source conveyance document
pertinent to Cecil and Lavon Wright’s and AG Valley Cooperative’s property. Regardless
of whether the source conveyance to the railroad was through condemnation or a private
Right of Way deed, as the analysis above demonstrates, NKCR held an easement under
either analysis.
56The court only grants partial summary judgment for the portion of Conrad C. and Mary
R. Cox parcel 74-044-180-00-00-003-00-0 obtained by Right of Way deed. The court
analyzes the portion of Conrad C. and Mary R. Cox’s parcel obtained through the 1950
deeds separately.
57
1950 Deeds
The railroad company’s predecessor-in-interest obtained its interest in in sections
of the railroad corridor located in Phillips County, Kansas, and Harlan County, Nebraska,
in part, via 1950 deeds executed by the United States and the railroad company. The
Harlan County, Nebraska, deed reads, “the party of the First Part . . . does by these
presents remise, release and quitclaim unto the said party of the Second Part, its
successors and assigns, all its right, title and interest in and to the following described
property . . . .” After the specific descriptions of the property being conveyed, the Harlan
County deed says, “together with all easements appurtenant thereto more particularly
described as follows: A perpetual easement in connection with the construction, operation
and maintenance of a railroad . . .” and goes on to describe the parcels of land being
conveyed that are subject to that easement. Plaintiffs argue that the 1950 deeds between
the United States and the railroad company’s predecessor-in-interest for land in Harlan
County, Nebraska, “conveyed an easement to the railroad which was limited to railroad
purposes only.” Conversely, defendant argues, “the plain language of the deeds shows
the parties’ intent to convey the entire interest held by the United States to the railroad.”
A Nebraska statute explains the legal approach to deed interpretation in Nebraska:
In the construction of every instrument creating or conveying, or authorizing
or requiring the creation or conveyance of any real estate, or interest
therein, it shall be the duty of the courts of justice to carry into effect the true
intent of the parties, so far as such intent can be collected from the whole
instrument, and so far as such intent is consistent with the rules of law.
Neb. Rev. Stat. § 76-205 (2018); see also Elrod v. Heirs, Devisees, Etc., 55 N.W.2d 673,
674 (Neb. 1952) (“The court in interpreting a conveyance of real estate is by legislative
declaration required to carry into effect the true intent of the parties so far as it can be
ascertained from the whole instrument, if not inconsistent with law.” (citing Neb. Rev. Stat.
§ 76-205 (1943)). “In construing a deed, it is the duty of the courts to carry into effect the
true intent of the parties as far as it can be ascertained from the entire instrument and as
far as that intent is consistent with the rules of law.” Antelope Prod. Co. v. Shriners Hosp.
for Crippled Children, 464 N.W.2d 159, 161 (Neb. 1991) (citations omitted)); see also
Ottaco Acceptance, Inc. v. Larkin, 733 N.W.2d 539, 549 (Neb. 2007) (“In the construction
of a deed, courts will give effect to the intent of the parties.” (citing Anson v. Murphy, 32
N.W.2d 271 (Neb. 1948)); Elton Schmidt & Sons Farm Co. v. Kneib, 507 N.W.2d 305,
307 (Neb. Ct. App. 1993) (citation omitted). The plain language of the Harlan County,
Nebraska, deed makes clear the parties’ intention. The first granting clause in the Harlan
County, Nebraska deed quitclaims, without reservation, the land to the railroad company
and states, “assigns forever.” The deed conveys to the railroad company’s predecessor-
in-interest fee interest in the land conveyed under the first granting clause. The pieces of
property that are not conveyed in fee are conveyed under the second granting clause as
“[a] perpetual easement in connection with the construction, operation, and maintenance
of a railroad . . . .” The plain language of the Harlan County, Nebraska, deed shows that
58
the parties intended to convey the first set of parcels of land in fee and the remaining
parcels of land as easements limited to railroad purposes.
Neither the Nebraska plaintiff in Flying S. Land Co., Silverstone & Dake’s Canal,
Inc. parcels 260014100, 360004300, and 380012500, nor the defendant, has provided
evidence indicating whether the portion of the railroad corridor adjacent to Flying S. Land
Co. plaintiff Silverstone & Dake’s Canal, Inc. parcels 260014100, 360004300, and
380012500 was conveyed to the railroad in fee or easement by the 1950 Harlan County
deed. Flying S. Land Co. plaintiff Silverstone & Dake’s Canal, Inc. has failed to
demonstrate to the court which part of the Harlan County deed is applicable to the portion
of the railroad corridor adjacent to its Nebraska property. Because there is a genuine
dispute of fact regarding whether the portion of the railroad corridor adjacent to Flying S.
Land Co. plaintiff Silverstone & Dake’s Canal, Inc. parcels 260014100, 360004300, and
380012500 was conveyed to the railroad by the 1950 deed in fee or easement, the court
will not grant either plaintiffs’ or defendant’s motions for partial summary judgment on this
issue at this time for the following plaintiff who owned property in Nebraska on the date
of the NITU: Flying S. Land Co. plaintiff Silverstone & Dake’s Canal, Inc. parcels
260014100, 360004300, and 380012500.
The deed between the United States and the railroad company’s predecessor-in-
interest for the property in Phillips County, Kansas, only includes one granting clause,
which states: “the party of the First Part . . . does by these presents remise, release and
quitclaim unto the side party of the Second Part, its successors and assigns, all its right,
title and interest in and to the following described property . . . .” (capitalization in original).
The habendum clause reads, “TO HAVE AND TO HOLD the above described premises
unto the party of the Second Part, its successors and assigns forever, with all
appurtenances thereunto belonging.” No part of the 1950 deed for Phillips County,
Kansas, deed conveys an easement.
As discussed above, under Kansas law the initial step when construing a deed is
to determine whether the deed is ambiguous. Cent. Natural Res., Inc. v. Davis Operating
Co., 201 P.3d at 687 (citing Wood River Pipeline Co. v. Willbros Energy Servs. Co., 738
P.2d 866). Kansas courts apply “the plain, general, and common meaning of the terms
used in the instrument” rule when determining whether a deed is ambiguous. Id. (citing
Johnson v. Johnson, 645 P.2d 911). “An instrument is ambiguous when the application
of pertinent rules of interpretation to the whole ‘fails to make certain which one of two or
more meanings is conveyed by the words employed by the parties.’” Id. (quoting Wood v.
Hatcher, 428 P.2d 799). If the language of a deed is unambiguous, the court will not look
beyond the four corners of the deed. Id.
The plain language of the 1950 Phillips County, Kansas deed makes clear the land
is quitclaimed to the railroad company and states, “assigns forever.” The 1950 Phillips
County, Kansas deed does not contain any restrictions limiting NKCR’s predecessor-in-
interest’s interest in the land to an easement. The 1950 Phillips County, Kansas deed,
therefore, conveyed to NKCR’s predecessor-in-interest fee interest in the land. See Stone
v. Haddan, 91 P.3d at 1204. Accordingly, the court grants defendant’s motion for partial
59
summary judgment to defendant and against the following plaintiffs whose properties are
adjacent to the portion of the railroad corridor the railroad company obtained by the 1950
Phillips County, Kansas, land grant with the United States: Flying S. Land Co. plaintiffs
Culbertson Farms, LLC parcel 074-043-07-0-00-00-005.00-0, Perry and Ila Mae Schelling
parcel 074-043-07-0-00-00-001.00-0, James Holterman parcel 074-043-07-0-00-00-
002.00-0, and Orville and Pauline Holterman Revocable Trust parcel 074-043-06-0-00-
00-002.02-0 because the railroad holds fee interest in that portion of the railroad
corridor. 57
Lincoln Land Company Deeds
Plaintiffs and defendant assert that NKCR only possessed an easement in the land
underlying the section of the railroad corridor adjacent to Flying S. Land Co. plaintiffs
James and Janice Bricker parcels 020-124-18-0-00-09-004.00-0 and 020-124-18-0-00-
01-001.00-0, 58 Jerry G. and Connie K. Cox parcel 074-056-23-0-40-02-002.00-0. 59
Defendant alleges that Lincoln Land Company Deed 4-426 conveyed an easement to
NKCR’s predecessor-in-interest in the section of the railroad corridor adjacent to Flying
S. Land Co. plaintiffs James and Janice Bricker parcels 020-124-18-0-00-09-004.00-0
and 020-124-18-0-00-01-001.00-0. Similarly, plaintiffs assert that Lincoln Land Company
Deed 4-426 only conveyed “an easement for railroad purposes under Kansas law
57 Dawson plaintiff Conrad C. and Mary R. Cox, trustees of the Conrad C. and Mary C.
Cox Trust No. 1, own a parcel in Kansas that is adjacent to a portion of the right-of-way
over which the railroad company’s predecessor-in-interest obtained its interest in via
private Right of Way deeds and is adjacent to a portion of the right-of-way that the railroad
company’s predecessor-in-interest obtained its interest in via the 1950 Phillips County,
Kansas, deed with the United States. The court does not grant defendant’s motion for
summary judgment regarding this parcel, parcel 74-044-180-00-00-003-00-0, because
part of the parcel is adjacent to land over which the railroad holds only an easement. It is
important to note for valuation purposes, however, that the railroad did hold fee over the
part of the railroad corridor adjacent to this parcel that was obtained via the 1950 Phillips
County, Kansas, deed with the United States.
58Both plaintiffs and defendant state that NKCR only possessed an easement in the land
underlying the section of the railroad corridor adjacent to James and Janice Bricker parcel
020-124-18-0-00-03-001.00-0. As discussed, the court has denied both plaintiffs’ and
defendant’s motion for partial summary judgment for James and Janice Bricker parcel
020-124-18-0-00-03-001.00-0 because a genuine issue of material fact exists regarding
the adjacency of James and Janice Bricker parcel 020-124-18-0-00-03-001.00-0.
59 As discussed, the parties dispute NKCR’s predecessor-in-interest obtained its interest
in the railroad corridor adjacent to James and Janice Bricker, Jerry G. and Connie K. Cox
parcel 074-056-23-0-40-02-002.00-0, and Paul and Tammy Vincent through Lincoln Land
Company deeds or condemnation. As the court’s analysis demonstrates, regardless of
whether the source conveyance to the railroad was through condemnation or a Lincoln
Land Company deed, the railroad held only an easement.
60
because it specifically grants a right-of-way . . . .” Lincoln Land Company Deed 4-426
describes a strip of land and then conveys
the right of way for said Railroad, being one hundred (100) feet in width, fifty
(50) feet on each [side] of the center line of said Railroad and commencing
at the Southwest end of the tract of ground herein before described and
same being with said center line to its intersection with the west line of north
east Quarter of Section No. eighteen (18) aforesaid . . . .
(alteration in the parties’ original joint transcription). The Lincoln Land Company Deed 4-
426, therefore, conveyed a narrow strip of land measured from the centerline of the
railroad as a “right of way for said railroad . . . .” The language limiting the NKCR’s
predecessor-in-interest’s interest in the narrow strip of land to a “right of way” indicates
that the Lincoln Land Company Deed 4-426 conveyed an easement limited to railroad
purposes in the land underlying the section of the railroad corridor adjacent to Flying S.
Land Co. plaintiffs James and Janice Bricker parcels 020-124-18-0-00-09-004.00-0 and
020-124-18-0-00-01-001.00-0. See Jenkins v. Chi. Pac. Corp., 403 P.3d at 1217 (“[O]ur
caselaw consistently holds that when the source of the railroad company's interest is a
deed, the railroad acquires only an easement if the deed expressly or impliedly conveyed
the property for use as a right of way.” (citations omitted)); Harvest Queen Mill & Elevator
Co. v. Sanders, 370 P.2d at 423.
Additionally, both plaintiffs and defendant allege that Lincoln Land Company Deed
M-242 conveyed an easement to NKCR’s predecessor-interest in the land adjacent to
Flying S. Land Co. plaintiffs Jerry G. and Connie K. Cox parcel 074-056-23-0-40-02-
002.00-0. As discussed, Lincoln Land Company Deed M-242 provides:
In consideration of the Payment of One ($1.00) Dollars, the Lincoln Land
Company hereby sells and conveys to the Burlington Kansas and South
Western Railroad Company all of its right, title and interest in and to the
following described real estate situate in Phillips County and State of
Kansas to wit: The right of way one hundred feet wide being fifty feet on
each side of the center line of the B. K. and S.W. R.R. and commencing at
the North East end of the tract of land used by said Railroad Co. as Depot
grounds at the town of Long Island in said county and state, which said tract
was by deed bearing date June 30, 1885 conveyed by the said Land Co. to
said R.R. Co. and from thence running in a North Easterly direction to the
East line of the West half of the North West Quarter of section no. Twenty
four (24) in Township no. One (1) South of Range no. Twenty 20 West of
6th P.M. Also the right of way as aforesaid beginning a the South West end
of the aforesaid Depot grounds and running [illegible] thence in a South
westerly direction to the West line of the South East quarter (SE¼) of
section no. Twenty three (23) in Tp. No. One (1) South of Range no. Twenty
(20) West of the Sixth Principal Meridian.
61
Lincoln Land Company Deed M-242 conveys two one-hundred feet wide strips of land
which extend in opposite directions from the “tract of land used by said Railroad Co. as
Depot grounds . . . .” (capitalization in parties’ original joint transcription). Each of the one-
hundred feet wide strips of land are referred to as a “right of way.” Accordingly, the plain
language of Lincoln Land Company Deed M-242 limits NKCR’s predecessor-in-interest’s
interest in the land being conveyed to a right of way, which indicates that NKCR’s
predecessor-in-interest only obtained an easement in the land adjacent to Jerry G. and
Connie K. Cox parcel 074-056-23-0-40-02-002.00-0 and Garth Gebhard. See Jenkins v.
Chi. Pac. Corp., 403 P.3d at 1213; Harvest Queen Mill & Elevator Co. v. Sanders, 370
P.2d at 423 (noting that Kansas courts have “uniformly held that railroads do not own fee
titles to narrow strips of land taken as a right-of-way, regardless of whether they are taken
by condemnation or right-of-way deed”).
Therefore, the court grants Flying S. Land Co. plaintiffs’ motions for partial
summary judgment regarding title and adjacency for the following plaintiffs who owned
property on the date the NITU was issued that is adjacent to a portion of the railroad
corridor over which NKCR holds only an easement limited to railroad purposes for the
following plaintiffs: Flying S. Land Co. plaintiffs James and Janice Bricker parcels 020-
124-18-0-00-09-004.00-0 and 020-124-18-0-00-01-001.00-0, and Jerry G. and Connie K.
Cox parcel 074-056-23-0-40-02-002.00-0. 60
Lincoln Land Company Deed 4-424
The parties also dispute whether NKCR held a fee interest or an easement in a
section of the railroad corridor that is adjacent to Arnold plaintiffs Edwin and Phyllis Yeater
parcels 107-36-0-20-12-007 and 107-36-0-20-12-008. The Edwin and Phyllis Yeater
parcels are adjacent to a section of the railroad corridor originally conveyed by the Lincoln
Land Company to the Burlington, Kansas & Southwestern Railroad Company via Lincoln
Land Company Deed 4-424. Plaintiffs contend that Lincoln Land Company Deed 4-424
conveyed an easement to the Burlington, Kansas & Southwestern Railroad Company
because Lincoln Land Company Deed 4-424 conveyed real estate “for the inadequate
consideration of $1,” which, according to plaintiffs, is a “classic example of a ‘voluntary
grant’” of real estate to a railroad company. Plaintiffs do not cite any case law indicating
that the conveyance of property to a railroad company in exchange for one dollar is a
“classic example of a ‘voluntary grant’” of real estate to a railroad company, nor do
plaintiffs cite any case law indicating that a railroad company cannot acquire a fee interest
in land in exchange for one dollar. Plaintiffs also assert that “the deed language conveyed
a ‘right of way’ to parts of an overall right-of-way 100 feet in width, widening to 300 feet
as it entered the city of Norcatur, and reducing to 100 feet as the CB&Q left Norcatur.” In
contrast, defendant contends the NKCR’s predecessor-in-interest obtained a fee interest
in the land underlying the section of the railroad corridor that is adjacent to Arnold plaintiffs
Edwin and Phyllis Yeater parcels 107-36-0-20-12-007 and 107-36-0-20-12-008 because
Lincoln Land Company Deed 4-424 did not contain any restrictions limiting the Burlington,
60 See Preseault II, 100 F.3d at 1537 (concluding plaintiffs owned the land underlying
the railroad corridor when the railroad company only acquired an easement in the
railroad corridor).
62
Kansas & Southwestern Railroad Company’s interest in the railroad corridor to an
easement. Moreover, defendant divides the language of Lincoln Land Company Deed 4-
424 into two granting clauses. Defendant states that the first granting clause in Lincoln
Land Company Deed 4-424 “states ‘the Lincoln Land Company hereby sells and conveys
to the Burlington, Kansas and Southwestern Railroad Company, all of its right, title and
interest in and to the following described real estate in Decatur County’” and then conveys
a large parcel “that is north of the northeast corner of lot one in block three in the town of
Norcatur.” According to defendant, there are no restrictions in the first granting clause
that would limit the conveyance contained in the first granting clause of Lincoln Land
Company Deed 4-424 to an easement. Defendant contends that the “second granting
clause is for a railroad right-of-way for a one-hundred-foot wide strip of land that runs
through the northern portion of Section 36, Township 2 South, Range 26 West.”
Defendant argues that the second granting clause in Lincoln Land Company Deed 4-424
“does not apply to this [the Yeaters’] property.” Additionally, the parties have identified
Lincoln Land Company Deed 4-424 as the applicable source conveyance document for
Arnold plaintiff John Arnold and Susan Bolek parcel 107-36-0-20-02-009-00-0. The
parties, however, have stipulated that the NKCR’s predecessor-in-interest only obtained
an easement in the land underlying the railroad corridor adjacent to Arnold plaintiff John
Arnold and Susan Bolek parcel 107-36-0-20-02-009-00-0.
Lincoln Land Company Deed 4-424 is titled “Quit Claim Deed No 2637.” The
pertinent portion of Lincoln Land Company Deed 4-424 states:
In consideration of the payment of One ($1.00[)], Dollar, The Lincoln Land
Company hereby sells and conveys to The Burlington Kansas and South
Western Railroad Company, all of its, right, title, and interest in and to the
following described real estate in Decatur County, and State of Kansas to
wit: Commencing at a point Thirty five & 85/100 35.85 feet North of the North
East comer of Lot No One (1) in Block no. three (3) in the town of Norcatur
in said County & State, which point is one hundred & fifty (150) feet distant
from the center line of the Burlington, Kansas & South Western Railroad,
measured at right angles there to, and is also. in the west line of Desota
Avenue, said town, produced north; from thence running North one hundred
nineteen & 50/100 (119.50/100) feet, to a point fifty (50) feet, distant at right
angles from the center line aforesaid; thence north 33 ° 11 [minutes] West
One hundred (100) feet; thence west one hundred eighty two & 71/100 (182
71/100) feet to a point one hundred and fifty (150) feet distant from said
center line measured at right angles thereto and as the north side thereof;
thence south 56 ° 49 [minutes] west, parallel with said Railroad Seventeen
hundred eighty one & 69/100 (1781.69) feet; thence South, one hundred
nineteen and 50/100 (119.50) feet, to a point fifty (50) feet, distant, at right
angles from said Railroad center line; thence South 33 ° 11 [minutes] East
one hundred (100) feet, thence East, one hundred eighty two & 71/100
(182.71) feet to a point one hundred & fifty (150) feet, distant from said
center line measured at right angles thereto, & on the south side thereof;
thence north, 56 ° 49 [minutes] East, parallel with said Rail road, Seventeen
63
hundred eighty one & 69/100 feet to the place of begining [sic], The West
line of Desota Avenue being taken as a meridian from which to measure all
angles.
Also conveying to said Railroad Company the right of way for the railroad
One hundred feet in width being fifty (50) feet on each side of the center line
thereof and commencing at the North East end of the tract of land herein
before described and running with said center line to its intersection with the
north line of Section No. Thirty six (36) in Township No. Two (2) South, of
Range No. Twenty six (26) west, of the Sixth Principal Meridian. Also the
right of way as aforesaid, commencing at the South West end of said tract,
and running in a South Westerly direction with said Railroad, to intersect the
west line of said Section No. Thirty six (36), subject to the taxes of the year
– 1885 and thereafter. In Witness Whereof, The President of the Lincoln
Land Company has hereunto set his hand, and affixed the seal of the
Company this 29th day of February, 1886.
(capitalization and first five alterations in the parties’ joint transcription).
Both plaintiffs and defendant, as do the maps submitted by both parties, indicate
that the parcels owned by Arnold plaintiffs Edwin and Phyllis Yeater, parcels 107-36-0-
20-12-007 and 107-36-0-20-12-008, are located in Section 36, Township 2, Range 26,
and are adjacent to the larger, 300 foot wide tract of land conveyed in the first paragraph
of the above-quoted language from Lincoln Land Company Deed 4-424. Arnold plaintiffs
John Arnold and Susan Bolek parcel 107-36-0-20-02-009.00-0 is also located in Section
36, Township 2, Range 26 and is located to the southwest of the parcels owned by Arnold
plaintiffs Edwin and Phyllis Yeater. Arnold plaintiffs John Arnold and Susan Bolek parcel
107-36-0-20-02-009.00-0 is adjacent to the second 100 foot wide strip land of land
described in the second paragraph of the above-quoted language in Lincoln Land
Company Deed 4-424.
The language of Lincoln Land Company Deed 4-424 is clear and unambiguous,
and the court will not look beyond the plain language of Lincoln Land Company Deed 4-
424. See Stone v. Haddan, 91 P.3d at 1203. The first above-quoted paragraph of Lincoln
Land Company Deed 4-424 indicates that the Lincoln Land Company conveyed to the
Burlington, Kansas & Southwestern Railroad Company, in exchange for one dollar, “all of
its, right, title, and interest in and to the following described real estate in Decatur
County . . . .” Lincoln Land Company Deed 4-424 then conveys a long, 300 foot wide tract
of land without indicating the purpose of the 300 foot wide tract of land. In the paragraph
immediately following the conveyance of the three-hundred foot wide tract of land, Lincoln
Land Company Deed 4-424 states that the Lincoln Land Company is “[a]lso conveying”
a one-hundred foot wide “right of way” extending from the north end of the three-hundred
tract of land, as well as a one-hundred foot wide “right of way” extending from the south
end of the three-hundred foot tract of land.
64
The first above-quoted paragraph of Lincoln Land Company Deed 4-424 does not
contain language expressly or impliedly limiting the NKCR’s predecessor-in-interest’s
interest in the 300 foot wide tract of land to an easement. Indeed, the words “right of way”
do not appear until the second above-quoted paragraph of Lincoln Land Company Deed
4-424 when describing the two 100 foot wide strips of land that extend out of the 300 foot
wide tract of land. Although the second above-quoted paragraph of Lincoln Land
Company Deed 4-424 refers to each of the two 100 foot wide strips of land as a “right of
way,” the second above-quoted paragraph of Lincoln Land Company Deed 4-424 does
not refer to the 300 foot wide tract of land a “right of way;” rather, the second above-
quoted paragraph of Lincoln Land Company Deed 4-424 refers to the 300 foot wide tract
of land as “the tract of land herein before described” and “said tract . . . .” Because the
first above-quoted paragraph of Lincoln Land Company Deed 4-424 did not contain any
express or implied restrictions limiting the Burlington, Kansas & Southwestern Railroad
Company’s interest in the land being conveyed, the Burlington, Kansas & Southwestern
Railroad Company, NKCR’s predecessor-in-interest, acquired a fee interest in the land
adjacent to Arnold plaintiffs Edwin and Phyllis Yeater parcels 107-36-0-20-12-007 and
107-36-0-20-12-008. See Stone v. Haddan, 91 P.3d at 1204 (“The general rule is that
deeds purporting to convey to railroads a strip, piece, parcel, or tract of land which do not
describe or refer to its use or purpose or directly or indirectly limit the estate conveyed
are generally construed as passing an estate in fee.”); see also Biery v. United States,
753 F.3d at 1289 (analyzing a deed conveying two tracts of land and determining that the
first tract of land was conveyed as an easement and the second tract of land was
conveyed in fee because “[t]he second tract of land—lots 168 and 170—was conveyed
with no use restrictions, reversionary clause, or anything else limiting its use to a right-of-
way” (citing Stone v. Haddan, 91 P.3d at 1203-04). The court, therefore, grants
defendant’s motion for summary judgment against Arnold plaintiffs Edwin and Phyllis
Yeater parcels 107-36-0-20-12-007 and 107-36-0-20-12-008.
NKCR’s predecessor-in-interest, however, only obtained an easement in the two
100 foot wide strips of land conveyed in the second above-quoted paragraph of Lincoln
Land Company Deed 4-424. Although Lincoln Land Company Deed 4-424 provides that
the Lincoln Land Company is “conveying all of its, right, title, and interest in and to the
following described real estate in Decatur County,” Lincoln Land Company Deed 4-424
refers to each of the two 100 foot wide strips of land as a “right of way.” That the two 100
foot wide strip of land are measured from the center line of the railway and are referred
to as a “right of way” indicates that the parties intended to only convey an easement in
the two 100 foot wide strip of land. See Biery v. United States, 753 F.3d at 1290; Jenkins
v. Chi. Pac. Corp., 403 P.3d at 1217 (citations omitted); Harvest Queen Mill & Elevator
Co. v. Sanders, 370 P.2d at 423. Accordingly, NKCR only possessed an easement in the
100 foot “right of way” adjacent to Arnold plaintiff John Arnold and Susan Bolek parcel
107-36-0-20-02-009-00-0. The court grants Arnold plaintiffs’ motion for partial summary
judgment regarding title and adjacency for the following plaintiffs owned property on the
date the NITU was issued that is adjacent to a portion of the railroad corridor over which
65
NKCR holds only an easement limited to railroad purposes for the following plaintiffs:
John Arnold and Susan Bolek parcel 107-36-0-20-02-009-00-0. 61
CONCLUSION
The court has reviewed the parties’ numerous, and often generalized, arguments
regarding each of the plaintiffs in the above-captioned cases. Although there are multiple,
unresolved title and adjacency issues, in many instances, the court, not the parties, has
identified the problems and the information which remains necessary to resolve the issues
of material fact currently in the record before the court. The outstanding issues should in
many instances, if not all, be amenable to stipulation by the parties, and the parties,
carefully, should review the court’s opinion and confer as to how the remaining issues
can be addressed.
For the foregoing reasons, the court GRANTS, in part, and DENIES, in part,
Arnold, Flying S. Land Co., and Dawson plaintiffs’ motions for partial summary judgment,
and the court GRANTS, in part, and DENIES, in part, defendant’s motions for partial
summary judgment in Arnold, Flying S . Land Co., and Dawson. In addition to the
summary below, the court has attached a chart to this opinion summarizing whether the
court grants, in part, or denies, in part, Arnold, Flying S. Land Co., and Dawson plaintiffs’
and defendant’s motions for partial summary judgment.
The court GRANTS defendant’s motion for partial summary judgment against
Flying S. Land Co. plaintiffs Gerry and Theresa Tally for failure to establish adjacency to
the railroad corridor, with regard to Tally parcel 020-141-01-0-30-020-010.00.
The court GRANTS defendant’s motion for partial summary judgment against
Arnold plaintiffs Edwin and Phyllis Yeater parcels 107-36-0-20-12-007 and 107-36-0-20-
12-008 and Flying S. Land Co. plaintiffs Culbertson Farms, LLC parcel 074-043-07-0-00-
00-005.00-0, Perry and Ila Mae Schelling parcel 074-043-07-0-00-00-001.00-0, James
Holterman parcel 074-043-07-0-00-00-002.00-0, and Orville and Pauline Holterman
Revocable Trust parcel 074-043-06-0-00-00-002.02-0, because the railroad company
holds fee interest in the portion of the railroad corridor adjacent to these plaintiffs’
properties.
The court DENIES at this time Flying S. Land Co. plaintiffs’ partial motion for
summary judgment as it relates to whether recreational trail use exceeds the scope of the
NKCR’s easements and whether NKCR abandoned the railroad corridor under state law.
The court DENIES both plaintiffs’ and defendant’s motions for partial summary
judgment regarding Flying S. Land Co. plaintiff United Methodist Church, parcel 020-108-
34-0-00-00-005.00-0, because a genuine issue of material fact exists regarding
ownership.
61 See Preseault II, 100 F.3d at 1537 (concluding plaintiffs owned the land underlying the
railroad corridor when the railroad company only acquired an easement in the railroad
corridor).
66
The court DENIES both plaintiffs’ and defendant’s motions for partial summary
judgment against the following plaintiffs because there is a genuine dispute of material
fact as to whether these plaintiffs are adjacent to a portion of the railroad corridor: Arnold
plaintiffs Rodney and Tonda Ross parcel 102-03-0-00-00-004.00-0, Mark and Shayla
Bailey parcel 107-36-0-20-13-005, Robert Strevey parcel 000-107-36-0-10-04-002, and
Harold and Kristelle Mizell parcel 107-36-0-10-04-001; Flying S. Land Co. plaintiffs Arnold
K. Graham parcel 074-59-31-0-00-00-004.00-0, James and Janice Bricker parcel 020-
124-18-0-00-03-001.00-0, J & C Partnership parcel 074-058-27-0-00-00-001.00-0, Garth
Gebhard parcel 074-056-23-0-40-07-009.00-0, and Silverstone & Dake’s Canal, Inc.
parcels 074-056-24-0-20-01-002.00-0 and 074-056-24-0-20-01-001.00-0; and Dawson
plaintiffs Conrad C. and Mary R. Cox Trusts No. 1 parcel 740-056-130-00-00-005.00-0.
There is a genuine dispute of material fact regarding the applicable conveyance
from certain Arnold and Flying S. Land Co. plaintiffs’ predecessors-in-interest to the
railroad company. Accordingly, the court DENIES both plaintiffs’ and defendant’s motions
for partial summary judgment for the following plaintiffs: Flying S. Land Co. plaintiffs Gerry
N. and Theresa M. Tally parcel 020-141-01-0-30-19-005.00, Oberlin Concrete Co. parcel
020-141-01-0-30-19-001.00-0, Paul and Tammy Vincent parcel 074-056-23-0-10-01-
001.00-0, and Silverstone & Dake’s Canal, Inc. parcel 074-056-24-0-20-01-002.00-0.
There is a genuine dispute of material fact as to whether the railroad corridor is
adjacent to the following plaintiff’s property, which the railroad obtained by the 1950
Harlan County, Nebraska, deed, was held by the railroad company in fee. Accordingly,
the court DENIES both plaintiffs’ and defendant’s motions for partial summary judgment
for the Flying S. Land Co. plaintiff Silverstone & Dake’s Canal, Inc. parcels 260014100,
360004300, and 380012500.
The court GRANTS plaintiffs’ motions for partial summary judgment that the
following plaintiffs owned land on the date the NITU was issued, that the land is adjacent
to a portion of the railroad corridor affected by the NITU, and that the railroad company
held only an easement limited to railroad purposes over the portion of the railroad corridor
adjacent to these plaintiffs’ properties: Arnold plaintiffs John Arnold and Susan Bolek
parcels 107-35-0-00-00-003-00-0 and 107-36-0-20-02-009-00-0, B&D Farm, LLC parcel
136-14-0-00-00-002-00-0, Rodney and Tonda Ross’s parcel 069-101-02-0-00-00-001-
00-0-01, H. Drake and Karen Gebhard parcel 069-101-02-0-00-00-002-02-0-01, Cecilia
Hillebrand parcels 069-101-02-0-00-00-002-01-0-01, 069-101-02-0-00-00-002-03-0-01,
and 069-144-17-0-00-00-002-00-0-01, Jackson Irrevocable Farm Trust parcel 069-30-0-
00-00-001-00-0-01, Lee Martin Revocable Trust parcel 135-15-0-00-00-002, Bernice
Martin parcel 121-02-0-00-00-004-00-0, Harold and Kristelle Mizell parcel 069-151-01-0-
00-00-003-00-0-01, Ricky Temple parcel 069-067-35-0-00-00-002-00-0-01, L & S Tubbs
Family, L.P. parcel 074-058-28-0-00-00-001-02-0, John C. and Joann Tweed Trusts
parcel 069-143-07-0-00-00-004-00-0-01, Ivan and Cathy Bohl Living Trust parcel 069-
151-01-0-00-00-002-00-0-01, and Morlock Children’s Living Trust parcel 069-068-27-0-
00-00-003-00-0-01; Flying S. Land Co. plaintiffs Dolores M. Koerperich Revocable Living
Trust parcels 020-133-05-0-00-00-001.00-0 and 020-133-05-0-00-00-004.00-0, Clem
67
Koerperich parcels 020-133-05-0-00-00-003.00-0 and 020-133-08-0-00-00-004.00-0,
William C. and Bertha G. Rea parcel 020-135-15-0-00-00-003.00-0, Leo and Carolyn
Zodrow parcels 020-136-13-0-00-00-002.01-0 and 020-122-09-0-00-00-001.00-0,
Sauvage Gas Service parcel 020-136-13-0-00-00-003.00-0, James and Janice Bricker
parcels 020-124-18-0-00-09-004.00-0 and 020-124-18-0-00-01-001.00-0, Flying S. Land
Company parcels 020-123-08-0-00-00-004.00-0, 020-122-04-0-00-00-002.00-0, 020-
121-01-0-00-00-001.00-0, and 020-109-31-0-00-00-001.00-0, Flying S. Partnership
parcel 020-108-34-0-00-00-003.00-0, Dale and Lenora Soderland parcel 020-123-08-0-
00-00-001.00-0, Judith E. Nelson parcel 020-122-03-0-00-00-002.00-0, GRS Revocable
Trust parcels 020-113-06-0-00-00-003.00-0, 020-113-06-0-00-00-002.00-0, and 020-
108-33-0-00-00-003.00-0, Jonathan and Karen Cozad parcel 020-107-25-0-00-00-
001.00-0, Cecil and Lavon Wright parcel 069-151-02-0-00-00-002.00-0-01, AG Valley
Cooperative parcel 069-151-02-0-00-00-001.00-0-01, Richard and Robert McChesney
parcel 069-143-07-0-00-00-001.00-0-01, Edward Braun parcel 069-144-17-0-00-00-
002.00-0-01, Arnold K. Graham, et al. parcel 074-059-31-0-00-00-001.00-0, Clayton and
Catherine Cox parcel 074-058-27-0-00-00-002.00-0, Jerry G. and Connie K. Cox parcel
074-056-23-0-00-00-003.00-0 and 074-056-23-0-40-02-002.00-0, Paul and Tammy
Vincent parcel 074-056-23-0-10-01-001.00-0, Silverstone & Dake’s Canal, Inc. parcel
074-056-24-0-20-02-001.00-0, and Craig E. Ingram and Genie L. Ingram Living Trust
parcel 074-044-18-0-00-00-002.00-0; and Dawson plaintiffs Conrad C. and Mary R. Cox
parcel 74-044-180-00-00-0003-00-0, 62 Carol K. Ross and Kay L. Lee parcel 74-059-310-
00-00-003-00-0, Shirley and Derek Kats Revocable Trusts parcels 069-104-18-0-00-00-
003-00-0-01 and 069-104-19-0-00-00-002-00-0-01, Rosemary L. Mathes, parcel 069-
132-03-0-00-03-001-00-0-01, M. Lee and Angela Juenemann parcels 069-143-06-0-00-
00-002-00-0-01 and 069-143-07-0-00-00-002-00-0-01, G & M Properties, LP parcel 069-
068-34-0-00-00-003-00-0-01, Joe L. Dawson parcel 069-069-29-0-00-00-003-00-0-01,
Linda J. Tomasch, John E. Bremer, and David G. Bremer parcels 13-209-000-00-30-00
and 13-516-000-00-00-20-00, Bruce G. Guinn, Jr. parcel 13-306-020-01-01-80-00, Jason
and Travis Dial parcels 069-088-34-0-40-32-003-00-0-01 and 069-088-34-0-40-32-004-
00-0-01, Larry L. and Iris L. Smith, trustees of the Larry L. Smith and Iris L. Smith
Revocable Living Trust parcel 069-088-34-0-40-32-002-00-0-01, Lloyd E. and Pamela Y.
Edgett parcel 069-088-34-0-30-07-004-00-0-01, and Duane R. and Darlene McEwen
parcel 069-132-03-0-00-03-00101-0-01.
IT IS SO ORDERED.
s/Marian Blank Horn
MARIAN BLANK HORN
Judge
62As noted above, Dawson plaintiffs Conrad C. and Mary R. Cox acquired parcel 74-044-
180-00-00-0003-00-0 through the 1950 U.S. Deed and through a private right-of-way
deed (Follett Deed). The court only grants partial summary judgment in favor of plaintiffs
Conrad C. and Mary R. Cox, trustees of the Conrad Cox Trust No. 1 and the Mary Cox
Trust No. 1, for the portion of the railroad corridor that is adjacent to parcel 74-044-180-
00-00-0003-00-0 and was acquired through the private right-of-way Follett deed.
68
Arnold, et al. v. United States, No. 15-1252L
Claim No. Parcel No. Plaintiff Disposition
1 107-35-0-00-00-003-00-0 Bolek, Susan & Arnold, John The court grants plaintiffs’ motion
for partial summary judgment.
1 107-36-0-20-02-009-00-0 Bolek, Susan & Arnold, John The court grants plaintiffs’ motion
for partial summary judgment.
2 136-14-0-00-00-002-00-0 B&D Farm, LLC The court grants plaintiffs’ motion
for partial summary judgment.
3 107-36-0-20-13-005 Bailey, Mark & Shayla The court denies both plaintiffs’
and defendant’s motions for partial
summary judgment.
5 069-101-02-0-00-00-002-02-0-01 Gebhard, H. Drake & Karen The court grants plaintiffs’ motion
for partial summary judgment.
6 069-101-02-0-00-00-002-01-0-01 Hillebrand, Cecilia (Griffin) The court grants plaintiffs’ motion
for partial summary judgment.
6 069-101-02-0-00-00-002-03-0-01 Hillebrand, Cecilia (Griffin) The court grants plaintiffs’ motion
for partial summary judgment.
6 069-144-17-0-00-00-002-00-0-01 Hillebrand, Cecilia (Griffin) The court grants plaintiffs’ motion
for partial summary judgment.
7 069-30-0-00-00-001-00-0-01 Jackson Irrevocable Farm Trust The court grants plaintiffs’ motion
for partial summary judgment.
9 135-15-0-00-00-002 Lee Martin Revocable Trust, Lee The court grants plaintiffs’ motion
Martin for partial summary judgment.
10 121-02-0-00-00-004-00-0 Martin, Bernice The court grants plaintiffs’ motion
for partial summary judgment.
11 069-151-01-0-00-00-003-00-0-01 Mizell, Harold & Kristelle The court grants plaintiffs’ motion
for partial summary judgment.
11 107-36-0-10-04-001 Mizell, Harold & Kristelle The court denies both plaintiffs’
and defendant’s motions for partial
summary judgment.
69
12 069-101-02-0-00-00-001-00-0-01 Ross, Rodney & Tonda The court grants plaintiffs’ motion
for partial summary judgment.
12 102-03-0-00-00-004-00-0-00 Ross, Rodney & Tonda The court denies both plaintiffs’
and defendant’s motions for partial
summary judgment.
13 107-36-0-10-04-002 Strevey, Robert The court denies both plaintiffs’
and defendant’s motions for partial
summary judgment.
14 069-067-35-0-00-00-002-00-0-01 Temple, Ricky The court grants plaintiffs’ motion
for partial summary judgment.
15 074-058-28-0-00-00-001-02-0 L & S Tubbs Family, L.P. The court grants plaintiffs’ motion
for partial summary judgment.
16 069-143-07-0-00-00-004-00-0-01 John C. Tweed Trust & Joann The court grants plaintiffs’ motion
Tweed Trust for partial summary judgment.
17 107-36-0-20-12-007 Yeater, Edwin & Phyllis The court grants defendant’s
motion for partial summary
judgment.
17 107-36-0-20-12-008 Yeater, Edwin & Phyllis The court grants defendant’s
motion for partial summary
judgment.
18 069-151-01-0-00-00-002-00-0-01 Ivan & Cathy Bohl Living Trust The court grants plaintiffs’ motion
for partial summary judgment.
19 069-068-27-0-00-00-003-00-0-01 Morlock Children's Trust The court grants plaintiffs’ motion
for partial summary judgment.
70
Flying S. Land Co., et al. v. United States, No. 15-1253L
Claim No. Parcel No. Plaintiff Disposition
1.A 020-141-01-0-30-20-010.00-0 Tally, Gerry & Theresa The court grants defendant’s
motion for partial summary
judgment.
1.B 020-141-01-0-30-19-005.00-0 Tally, Gerry & Theresa The court denies both plaintiffs’
and defendant’s motions for partial
summary judgment.
2 020-141-01-0-30-19-001.00-0 Oberlin Concrete Co. The court denies both plaintiffs’
and defendant’s motions for partial
summary judgment.
4.A 020-133-05-0-00-00-001.00-0 Dolores M. Koerperich Revocable The court grants plaintiffs’ motion
Living Trust for partial summary judgment.
4.B 020-133-05-0-00-00-004.00-0 Dolores M. Koerperich Revocable The court grants plaintiffs’ motion
Living Trust for partial summary judgment.
5.A 020-133-05-0-00-00-003.00-0 Koerpich, Clem The court grants plaintiffs’ motion
for partial summary judgment.
5.B 020-133-08-0-00-00-004.00-0 Koerperich, Clem The court grants plaintiffs’ motion
for partial summary judgment.
6 020-135-15-0-00-00-003.00-0 Rea, William C. & Bertha G. The court grants plaintiffs’ motion
for partial summary judgment.
7.A 020-136-13-0-00-00-002.01-0 Zodrow, Leo & Carolyn The court grants plaintiffs’ motion
for partial summary judgment.
7.B 020-122-09-0-00-00-001.00-0 Zodrow, Leo & Carolyn The court grants plaintiffs’ motion
for partial summary judgment.
8 020-136-13-0-00-00-003.00-0 Sauvage Gas Service, Inc. The court grants plaintiffs’ motion
for partial summary judgment.
9.A 020-124-18-0-00-09-004.00-0 Bricker, James & Janice The court grants plaintiffs’ motion
for partial summary judgment.
9.B 020-124-18-0-00-03-001.00-0 Bricker, James & Janice The court denies both plaintiffs’
and defendant’s motions for partial
summary judgment.
71
9.C 020-124-18-0-00-01-001.00-0 Bricker, James & Janice The court grants plaintiffs’ motion
for partial summary judgment.
10.A 020-123-08-0-00-00-004.00-0 Flying S Land Co. The court grants plaintiffs’ motion
for partial summary judgment.
10.B 020-122-04-0-00-00-002.00-0 Flying S Land Co. The court grants plaintiffs’ motion
for partial summary judgment.
10.C 020-121-01-0-00-00-001.00-0 Flying S Land Co. The court grants plaintiffs’ motion
for partial summary judgment.
10.D 020-109-31-0-00-00-001.00-0 Flying S Land Co. The court grants plaintiffs’ motion
for partial summary judgment.
10..E 020-108-34-0-00-00-003.00-0 Flying S Partnership The court grants plaintiffs’ motion
for partial summary judgment.
11 020-123-08-0-00-00-001.00-0 Soderland, Dale & Lenora The court grants plaintiffs’ motion
for partial summary judgment.
12 020-122-03-0-00-00-002.00-0 Nelson, Judith E. The court grants plaintiffs’ motion
for partial summary judgment.
13.A 020-113-06-0-00-00-003.00-0 GRS Revocable Trust The court grants plaintiffs’ motion
for partial summary judgment.
13.B 020-113-06-0-00-00-002.00-0 GRS Revocable Trust The court grants plaintiffs’ motion
for partial summary judgment.
13.C 020-108-33-0-00-00-003.00-0 GRS Revocable Trust The court grants plaintiffs’ motion
for partial summary judgment.
14 020-108-34-0-00-00-005.00-0 United Methodist Church The court denies both plaintiffs’
and defendant’s motions for partial
summary judgment.
15 020-107-25-0-00-00-001.00-0 Cozad, Jonathan & Karen The court grants plaintiffs’ motion
for partial summary judgment.
16 069-151-02-0-00-00-002.00-0-01 Wright, Cecil & LaVon The court grants plaintiffs’ motion
for partial summary judgment.
17 069-151-02-0-00-00-001.00-0-01 AG Valley Cooperative The court grants plaintiffs’ motion
for partial summary judgment.
72
18 069-143-07-0-00-00-001.00-0-01 McChesney, Richard & Robert The court grants plaintiffs’ motion
for partial summary judgment.
19 069-144-17-0-00-00-002.00-0-01 Braun, Edward The court grants plaintiffs’ motion
for partial summary judgment.
20.A 074-059-31-0-00-00-001.00-0 Arnold K. Graham, et al. The court grants plaintiffs’ motion
for partial summary judgment.
20.B 074-059-31-0-00-00-004.00-0 Arnold K. Graham The court denies both plaintiffs’
and defendant’s motions for partial
summary judgment.
22 074-058-27-0-00-00-002.00-0 Cox, Clayton & Catherine The court grants plaintiffs’ motion
for partial summary judgment.
23 074-058-27-0-00-00-001.00-0 J&C Partnership The court denies both plaintiffs’
and defendant’s motions for partial
summary judgment.
24.A 074-056-23-0-00-00-003.00-0 Cox, Jerry G. & Connie K. The court grants plaintiffs’ motion
for partial summary judgment.
24.B 074-056-23-0-40-02-002.00-0 Cox, Jerry G. & Connie K. The court grants plaintiffs’ motion
for partial summary judgment.
25 074-056-23-0-40-07-009.00-0 Gebhard, Garth The court denies both plaintiffs’
and defendant’s motions for partial
summary judgment.
26 074-056-23-0-10-01-001.00-0 Vincent, Paul & Tammy The court denies both plaintiffs’
and defendant’s motions for partial
summary judgment.
27.A 074-056-24-0-20-01-002.00-0 Silverstone & Dake’s Canal, Inc. The court denies both plaintiffs’
and defendant’s motions for partial
summary judgment.
27.B 074-056-24-0-20-02-001.00-0 Silverstone & Dake’s Canal, Inc. The court denies both plaintiffs’
and defendant’s motions for partial
summary judgment.
73
27.C 074-056-24-0-20-01-001.00-0 Silverstone & Dake’s Canal, Inc. The court grants plaintiffs’ motion
for partial summary judgment.
27.D 260014100 Silverstone & Dake’s Canal, Inc. The court denies both plaintiffs’
and defendant’s motions for partial
summary judgment.
27.E 360004300 Silverstone & Dake’s Canal, Inc. The court denies both plaintiffs’
and defendant’s motions for partial
summary judgment.
27.F 380012500 Silverstone & Dake’s Canal, Inc. The court denies both plaintiffs’
and defendant’s motions for partial
summary judgment.
28 074-044-18-0-00-00-002.00-0 Craig E. Ingram Living Trust & The court grants plaintiffs’ motion
Genine L. Ingram Living Trust for partial summary judgment.
29 074-043-07-0-00-00-005.00-0 Culbertson Farms, LLC The court grants defendant’s
motion for partial summary
judgment.
30 074-043-07-0-00-00-001.00-0 Schelling, Perry & Ila Mae The court grants defendant’s
motion for partial summary
judgment.
31 074-043-07-0-00-00-002.00-0 Holterman, James The court grants defendant’s
motion for partial summary
judgment.
32 074-043-06-0-00-00-002.02-0 Orville & Pauline Holterman The court grants defendant’s
Revocable Trust motion for partial summary
judgment.
74
Dawson, et al. v. United States, No. 15-1268L
Claim No. Parcel No. Plaintiff Disposition
6 74-044-180-00-00-003-00-0 Conrad C. Cox & Mary R. Cox, The court grants plaintiffs’ motion
Trustees of the Conrad C. Cox for partial summary judgment.
Trust No. 1 and the Mary C. Cox
Trust No. 1
6 74-056-130-00-00-005-00-0 Conrad C. Cox & Mary R. Cox, The court denies both plaintiffs’
Trustees of the Conrad C. Cox and defendant’s motions for partial
Trust No. 1 and the Mary C. Cox summary judgment.
Trust No. 1
8 74-059-310-00-00-003-00-0 Carol K. Ross and Kay L. Lee, The court grants plaintiffs’ motion
Trustees of the Carol K. Ross for partial summary judgment.
Trust No. 1
9 069-104-18-0-00-00-003-00-0-01 Shirley Kats Revocable Trust & The court grants plaintiffs’ motion
Derek Kats Revocable Trust for partial summary judgment.
9 069-104-19-0-00-00-002-00-0-01 Shirley Kats Revocable Trust & The court grants plaintiffs’ motion
Derek Kats Revocable Trust for partial summary judgment.
10 069-132-03-0-00-03-001-00-0-01 Mathes, Rosemary L., and The court grants plaintiffs’ motion
McEwen, Duane and Darlene for partial summary judgment.
11 069-143-06-0-00-00-002-00-0-01 M. Lee Juenemann and Angela The court grants plaintiffs’ motion
Juenemann, Trustees of the M. for partial summary judgment.
Lee Juenemann Living Trust and
Angela Juenemann Living Trust
75
11 069-143-07-0-00-00-002-00-0-01 M. Lee Juenemann and Angela The court grants plaintiffs’ motion
Juenemann, Trustees of the M. for partial summary judgment.
Lee Juenemann Living Trust and
Angela Juenemann Living Trust
12 069-068-34-0-00-00-003-00-0-01 G & M Properties, LP The court grants plaintiffs’ motion
for partial summary judgment.
13 069-069-29-0-00-00-003-00-0-01 Dawson, Joe L. The court grants plaintiffs’ motion
for partial summary judgment.
14 13-209-000-00-30-00 Tomasch, Linda J; Bremer, John The court grants plaintiffs’ motion
E.; & Bremer, David G. for partial summary judgment.
14 13-516-000-00-00-20-00 Tomasch, Linda J; Bremer, John The court grants plaintiffs’ motion
E.; & Bremer, David G. for partial summary judgment.
16 13-306-020-01-01-80-00 Guinn, Bruce G. Jr. The court grants plaintiffs’ motion
for partial summary judgment.
17 069-088-34-0-40-32-003-00-0-01 Dial, Jason & Travis The court grants plaintiffs’ motion
for partial summary judgment.
17 069-088-34-0-40-32-004-00-0-01 Dial, Jason & Travis The court grants plaintiffs’ motion
for partial summary judgment.
18 069-088-34-0-40-32-002-00-0-01 Larry L. Smith & Iris L. Smith, The court grants plaintiffs’ motion
Trustees of the Larry L. Smith and for partial summary judgment.
Iris L. Smith Revocable Living
Trust
19 069-088-34-0-30-07-004-00-0-01 Edgett, Lloyd E. & Pamela Y. The court grants plaintiffs’ motion
for partial summary judgment.
069-132-03-0-00-03-00101-0-01 McEwen, Duane and Darlene The court grants plaintiffs’ motion
for partial summary judgment.
76
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Corporate
This Apartment for rent is located at Moffat Street Evergreen Avenue, Brooklyn NY. Moffat Street Evergreen Ave is in the Bushwick neighborhood in Brooklyn, NY and in ZIP Code 11207. Moffat Street Evergreen Ave has 1 bed and 1 bath |
President Donald Trump’s White House reportedly will not host a holiday party for members of the press this month.
Trump himself canceled the annual shindig, making “the decades-old tradition a victim of his increasingly contentious relationship with major news organizations,” Fox News reported Thursday morning.
President Trump cancels White House Christmas party for the press https://t.co/ZCwe3oy1mG — Fox News Alert (@foxnewsalert) December 13, 2018
CNN, which Trump often slams as “fake news,” boycotted the event in 2017.
“In light of the President’s continued attacks on freedom of the press and CNN, we do not feel it is appropriate to celebrate with him as his invited guests,“a CNN spokesperson told HuffPost at the time. “We will send a White House reporting team to the event and report on it if news warrants,”
CNN’s 2017 snub prompted White House press secretary Sarah Huckabee Sanders to respond with this tweet:
The Washington Post last week speculated over the future of the holiday party, noting that the “White House hasn’t said the event is off — but it hasn’t scheduled it, either.” |
Q:
Having trouble adding multiple physics objects in Xcode cocos2d
I'm new to cocos2d and objective-c. I know I'm missing something here, but I just can't find the solution. Hope someone can help....
My goal is to be able to click any of the sprites that I've placed on the screen. To start, I've put 2 sprites on the screen. (Each sprite is in the shape of a star).
The problem is, only the second sprite placed on the screen is clickable. My guess is that when I call addNewStar, it replaces _star with the latest star sprite, and takes the previous _star out of the physics node. I want all the stars I add to be in the physics node and be clickable. No clue how to do this.
Here is my code...hopefully someone can point out my mistake(s)!
@implementation MainScene {
CCSprite *_star;
CCPhysicsNode *_physicsNode;
CCNode *_ground;
CCLabelTTF *_scoreLabel;
BOOL _gameOver;
CCButton *_restartButton;
}
- (void)didLoadFromCCB {
self.userInteractionEnabled = TRUE;
[self addNewStar];
[self addNewStar];
// set collision txpe
_ground.physicsBody.collisionType = @"level";
// set this class as delegate
_physicsNode.collisionDelegate = self;
}
-(void)addNewStar {
//This successfully loads my star onto the screen
_star = (Star *)[CCBReader load:@"Star"];
_star.physicsBody.collisionGroup = @"starGroup";
_star.physicsBody.collisionType = @"star";
_star.position = ccp(200,300);
[_physicsNode addChild:_star];
}
-(BOOL)ccPhysicsCollisionBegin:(CCPhysicsCollisionPair *)pair star:(CCNode *)star level:(CCNode *)level {
[self gameOver];
return TRUE;
}
- (void)touchBegan:(UITouch *)touch withEvent:(UIEvent *)event {
float ranNum1 = (arc4random_uniform(10000));
float ranNum2 = (arc4random_uniform(10000));
float sideForce = ranNum1 - ranNum2;
if (!_gameOver) {
CGPoint touchLocation = [touch locationInNode:_physicsNode];
if(CGRectContainsPoint([_star boundingBox], touchLocation))
{
[_star.physicsBody applyImpulse:ccp(sideForce, 1000.f)];
[_star.physicsBody applyAngularImpulse:2500.f];
}
}
}
- (void)restart {
CCScene *scene = [CCBReader loadAsScene:@"MainScene"];
[[CCDirector sharedDirector] replaceScene:scene];
}
- (void)gameOver {
if (!_gameOver) {
_gameOver = TRUE;
_restartButton.visible = TRUE;
_star.rotation = 90.f;
_star.physicsBody.allowsRotation = FALSE;
[_star stopAllActions];
CCActionMoveBy *moveBy = [CCActionMoveBy actionWithDuration:0.2f position:ccp(-2, 2)];
CCActionInterval *reverseMovement = [moveBy reverse];
CCActionSequence *shakeSequence = [CCActionSequence actionWithArray:@[moveBy, reverseMovement]];
CCActionEaseBounce *bounce = [CCActionEaseBounce actionWithAction:shakeSequence];
[self runAction:bounce];
}
}
@end
A:
You only have one pointer to one star. So when you test if the star was touched in your touches began method then of course only the second one would do anything since your sole pointer is only pointing at the most recently created star.
To answer your question, the simple approach you could take is to add each star to an NSArray. Then in your touches began method you can loop over the array and see which star was touched.
Example:
// Recommend using properties over i-vars
@property (nonatomic, strong) NSMutableArray* starList;
// In init or onEnter...
self.starList = [NSMutableArray array];
// Each time you create a new star...
Star* star = ...;
[self addChild:star];
[self.starList addObject:star];
// In your touches began...
- (void)touchBegan:(UITouch *)touch withEvent:(UIEvent *)event
{
...
for (Star* star in self.starList)
{
// If star is touched...
// ...add your impulses, etc
}
}
|
The Art Of Choosing The Perfect Wine For Dinner
You probably have a friend who always has a great selection of wine in their cellar. Perhaps you would also like to have wisdom on the topic of wine. You are going to find out much more about your wine and its many uses as you continue reading. Read on for a wealth of information that will increase your skill on the topic of fine wines.
TIP! You can make a simple sauce for beef quickly and easily by using wine. To do this, simply add a bit of butter to your red wine.
Pinot Grigio tastes great with seafood. The flavor of this dish is enhanced by the wine. There are other white wines that go great with seafood, too. This pairing is sure to please even the most discriminating food critic.
Wine Stain
TIP! Wine purchase should be determined by your own tastes. Professionals will offer different opinions, but it all boils down to your specific taste.
Windex can help you remove a wine stain. It works way better than water and soap on a wine stain. Do this soon after you get the stain since waiting can make it more difficult to get out.
You can make a great sauce for beef dishes with wine. Just add some butter and red wine in a saucepan. Let this sauce simmer until it thickens up a bit and some of that alcohol is burned away. Once the sauce is ready, add just a bit to your beef dish.
TIP! Serve wine at the proper temperature in order to coax the best flavor from each glass. 60 degrees is the right temperature for red wine.
There are many good, inexpensive wines. If you want an excellent and affordable wine, purchase a bottle from Chile. Many of their varieties have affordable prices. The Cabernet Sauvignons and Sauvignon Blancs are especially good values. You should also try wines from Argentina, South Africa or New Zealand.
Cut down on your wine intake if you notice you get headaches when you drink it. Wine contains an ingredient called sulfites, which can increase the frequency of acquiring a headache. You just need to drink moderately at all times.
TIP! Try to keep a lot of wine on hand. This is imperative, as it is not efficient if you just have red wine in your rack.
You should not drink reds and whites in the same glasses. White wines are best served in a narrow wine glass, which keeps air away from the wine with its smaller opening. Conversely, red wines benefit from a wide glass with a generous mouth. You will get more air in the wine this way and it will warm up.
Screw Tops
TIP! On one hand, respect the knowledge of wine experts, but don’t take their words unquestioningly. The best wine expert is one that continues to evolve, and whom can admit their mistakes.
Are you going to a tailgate event where you want to serve wine? If so, buy wines with a screw top. Screw tops will allow you easy access to the wine without having to keep track of a wine opener. Screw tops will also conveniently re-seal your wine and keep it fresh after your tailgating is over.
Don’t be afraid to try new wines. Tasting different types of wine is the best way to find out about wines from other countries. Ask your wine shop staffer what they recommend. You may discover a new wine you never tried before is your new favorite.
TIP! A dessert wine is a perfect way to end a dinner. A California Port, French Champagne or an Italian Moscato are great choices.
If you really love wine, consider traveling to wine country so you can see how wine is made firsthand. These countries are beautiful to see; you can develop a great appreciation for them and gain some context on their origins.
It is important to properly plan for your trip to a winery. Decide in advance how much money you want to spend, and be sure to have a sober driver lined up. Write down the questions you have in a list and create a list of wine elements you like.
Red Wine
Red and white wines differ in the temperature they are served best at. Red wine should usually be warmer than the white wines, generally by approximately 10 or 15 degrees. The best way to do this is to first chill your wine before letting it sit for awhile at room temperature. Red wine should be around 60 degrees Fahrenheit, while white wine should be about 45 degrees.
TIP! Don’t fall for marketing strategies. Certain venues will promote their favorite bottles, but don’t feel pressured if you already have a selection in mind.
When working on your food and wine pairing abilities, practice is critical. You won’t know what tastes best to you until you try it. Yes, it is possible to be conservative, but the wonder of being an oenophile is the benefit of trying new tastes.
If you wish to impress others, you should now have some things that you’re able to use to achieve that. Buy the right wines, cook with your wine, and have conversations with others regarding the best wines. You’ve just learned the basics and could be on your way to becoming an expert. |
Q:
Is it okay to put private methods in my controller or should I separate them out into some type of helper class with asp.net mvc?
I have a controller that loads some dropdowns based on the user type. For example:
public ActionResult Index()
{
switch (SessionHelper.ViewLimit)
{
case "C":
ViewData["CustDivision"] = LoadCustDivisions();
ViewData["Customer"] = LoadCustomers();
break;
case "P":
ViewData["Customer"] = LoadCustomers();
ViewData["Employee"] = LoadEmployees();
break;
case "D":
ViewData["Customer"] = LoadCustomers();
ViewData["Division"] = LoadDivisions();
break;
default:
return RedirectToAction("Logout", "Account");
}
return View()
}
First of all, does the switch statement belong in the controller and second of all if so, where should I put LoadCustomers(), LoadDivisions(), LoadEmployees()?
A:
I feel NO - private method in a controller creates more problem than they solve. Here are my reasons:
By the time you feel like creating a private method in a controller, you have identified a piece of code that is ether a bit "down and dirty" or repetitive. This is enough reason to create a separate helper class or move the code down the stack.
A helper class, even with just 1 method, is much easier to test and mock. Also it creates a stronger logical separation of concern. This makes it easier to deal with when debugging.
I also agree with tvanfosson on using a strategy pattern in aid of not reinventing the wheel and demonstrating a more mature understanding of software development.
But in actual fact, this is one of those situations where you can argue both ways for eternity. But it comes down to the level of craftsmanship you're aiming for, or more accurately, willing to settle for.
A:
If they are only used in this controller, I would say leaving them private to the controller is okay. Once you find that you have a need for them elsewhere, then look to migrate them to your DAL or a helper class.
The larger question of your architecture -- using switch statements or strategy pattern, etc. -- is hard to answer from just this snippet. I'm not particularly offended by this switch statement, but you may want to have your SessionHelper return a strategy that will load the correct view data for you. In that case, the code for loading the view would go in the strategy class.
DataStrategy strategy = SessionHelper.GetDataStrategy()
if (strategy == null)
{
RedirectToAction("Logout","Account");
}
strategy.LoadViewData( ViewData );
return View();
A:
Because ASP.NET MVC favors convention over configuration any public methods on a class ending with Controller are assumed to be action methods. If they're private, they're not.
So it's completely OK to have private methods in a controller class.
|
Q:
Docker compose extra hosts with wildcards
I'm trying to create a container based on PHP:5-apache with many virtual hosts like
account.site1.local
account.site2.local
account.site3.local
I can add all the vhosts with a wildcard on the apache conf. Is it possible to do something similar for the hosts file?
A:
Docker sets up the hosts file when you run a container, so you don't want to manually edit it. Instead you can use the add-host option:
> docker run --add-host 1.local:127.0.0.1 alpine ping 1.local
PING 1.local (127.0.0.1): 56 data bytes
64 bytes from 127.0.0.1: seq=0 ttl=64 time=0.050 ms
You can have multiple add-host options in the run command.
In Docker Compose the equivalent is extra-hosts:
extra_hosts:
- "1.local:127.0.0.1"
- "2.local:127.0.0.1"
|
Q:
Draw random numbers from the Gumbel distribution in Matlab
Question: I would like your help to draw random numbers from the Gumbel distribution with scale mu and location beta in Matlab.
I want to use the definition of the Gumbel distribution provided by Wikipedia (see the PDF and CDF definitions on the right of the page).
Notice: The package evrnd in Matlab, described here, cannot be used (or maybe can be used with some modifications?) because it considers flipped signs.
Let me explain better this last point.
Let's fix the scale to 0 and the location to 1.
Now, following Wikipedia and other textbooks (for example, here p.42) the Gumbel PDF is
exp(-x)*exp(-exp(-x))
In Matlab though it seems that evrnd considers random draws from the following PDF:
exp(x)*exp(-exp(x))
You can see that in Matlab -x is replaced with x.
Any idea on what is the best way to proceed?
A:
According to the Wikipedia, the inverse cumulative distribution function is
Q(p) = mu - beta*log(-log(p))
From this function, the inverse transformation method can be applied. Thus
sz = [1 1e6]; % desired size for result array
mu = 1; % location parameter
beta = 2.5; % scale parameter
result = mu - beta*log(-log(rand(sz)))
gives result with i.i.d. Gumbel-distributed numbers. Plotting the histogram for these example values gives
>> histogram(result, 51)
If you want to use the evrnd function (Statistics Toolbox), you only need to change the sign of the output. According to the documentation,
R = evrnd(mu,sigma,[m,n,...])
The version used here is suitable for modeling minima; the mirror image of this distribution can be used to model maxima by negating R.
Thus, use
result = -evrnd(mu, beta, sz);
|
Congo: Treating the sexually abused in South Kivu
March 10, 20096:48 AM CDT
BUKAVU , 5 March 2009 (IRIN) – In Bukavu, the main town in South Kivu Province of eastern Democratic Republic of Congo (DRC), the Panzi referral hospital receives six to eight women daily who have experienced sexual violence.
‘At least 60 percent of the women have been sexually violated, probably as sex slaves, through gang rape or through domestic violence,’ Maria Bard, manager of the hospital’s Victims of Sexual Violence Project, said.
Despite the high rates of sexual abuse, poor local health systems and inadequate psycho-social support have made it difficult to treat the women.
According to the International Committee of the Red Cross, specific healthcare needs of women are often ignored or insufficiently taken into account in war situations. ‘People wounded in fighting are given priority for medical treatment, but women, even pregnant mothers, are often given scant attention despite their special needs,’ said Nadine Puechguirbal, ICRC’s adviser on women and war issues.
Training issues
The hospital also receives women with severe gynaecological problems, including childbirth-related fistula and prolapse, said Bard.
Fistula is a severe medical condition caused when a hole develops either between the rectum and vagina or between the bladder and vagina and can be caused by rape and prolonged obstructed labour. In 2008, the hospital performed 40 fistula operations.
A uterine prolapse occurs when the uterus protrudes into the vagina.
‘Preferably, we would like the women to be treated as close to home as possible,’ Bard told IRIN. However, this is not often the case because of a lack of training, competence and resources at the local level.
Most cases at the hospital are from Bukavu, Kalehe and Uvira territories in the province. ‘The needs are largest in FDLR [Forces Démocratiques pour la Libération du Rwanda] and Mai-Mai areas,’ she said.
The FDLR are a Rwandan militia blamed for the 1994 genocide while the Mai-Mai comprises various pro-government factions. Human rights activists have criticised the FDLR for abuses against civilians.
Lack of access
Overcrowding in communes such as Bagira, Ibanda and Kadutu was also to blame for some rape cases, local residents said.
‘Rape cases are not just carried out by the armed groups,’ Winner Nishuli, a resident of Bagira, told IRIN. ‘The other day a domestic worker defiled a five-year-old not far from here.’
In 2006, the UN reported 27,000 cases of sexual assault in the province. Even then, poor roads and insecurity make it difficult for the women to access healthcare, especially in remote areas such as Bunyakiri Ombo, north of Shabunda territory.
‘It costs a lot to fly the women from there,’ said Bard. ‘We know that the women are there but we cannot access them.’
Some of the women are stigmatised. ‘People talk badly. The women [who have been raped] are said to have been the wives of the enemy. They come to the hospital in privacy,’ she said.
Harsh reality
A recently concluded joint army operation by the DRC and Rwandan governments to oust the FDLR in neighbouring North Kivu also saw more cases of abused women coming to South Kivu.
‘Sexual violence has invaded our lives … the abnormal has become normalised. We come to accept that this is the reality for girls,’ Morag Hill of the local NGO Fondation Solidarité des hommes, told IRIN. ‘There is a lack of punishment and this reinforces the mentality.’
Jean de Dieu, a Bukavu resident, said most rapists fled to avoid arrest. ‘Those who are arrested pay a small fine or bribe and get out yet they ruin women’s lives,’ he said.
A new constitution adopted in 2006 introduced a 20-year minimum sentence for those found guilty. But even when cases come to court, it is difficult to ferry witnesses and perpetrators from remote areas.
Hill said it was necessary to provide the rest of the war-traumatised population with care as well. ‘I can’t start to imagine a durable peace without dealing with the trauma,’ she said. ‘To be required to do so much while everyone’s mental health is suffering … we just won’t be able to step up to the plate.’
In 2008, an estimated 9,829 people in the province received psycho-social support. ‘But what kind of service did they receive?’ Hill asked. ‘Many people in need are not accessing quality service. |
The complexity of life does not correlate with an increased size of the list of parts (the genes) from which organisms are built, but rather with an increased complexity in how these parts are regulated and combined into networks to specify the correct tissue-specific expression of genes. Analyses of yeast had shown a fairly simple hierarchical regulatory architecture, in which master regulators drive expression of many genes and any given gene is typically regulated by at most a handful of transcription factors (TFs) \[[@B1]\]. Some studies in animals, including studies of the early development of *Drosophila*, suggested a straightforward extension of the concept of a small number of highly specific TFs that define expression domains. Recent studies, including one by Adryan and Teichmann in this issue of *Genome Biology*\[[@B2]\], put the idea to the test by evaluating large genomic datasets, and their conclusions challenge this hypothesis.
Adryan and Teichmann\'s study is based on datasets obtained by two popular methods for analyzing gene expression \[[@B3],[@B4]\]. Transcriptional profiling using microarrays requires substantial amounts of biological material and is thus typically used on intact multicellular specimens or cultured cell lines. RNA *in situ*hybridization is used to visualize spatial and temporal gene expression, but is limited for several reasons: some classes of eukaryotic genes, such as microRNAs, are difficult to study in this way; many tissues, such as brains, cannot be permeabilized enough to deliver the probe throughout the sample; temporal resolution is limited; and there is a lack of reliable quantification methods. Systematic RNA *in situ*surveys are therefore routinely combined with microarray analysis to counter the drawbacks of the two methods \[[@B4]\].
*Drosophila*embryonic development is particularly amenable to analysis by both *in situ*hybridization and microarray analysis. Large numbers of approximately staged embryos enable the isolation of sufficient amounts of RNA for microarray experiments or fixed specimens for *in situ*labeling. Several microarray time-courses profiling embryogenesis have been assembled so far, and these have been instrumental in understanding the major patterns of gene expression, defining gene batteries characteristic of maternal deposition, the maternal-to-zygotic transition, neurogenesis and organogenesis. Two major RNA *in situ*hybridization screens in embryos, focusing on tissue specificity of gene expression and RNA localization, documented expression patterns of about 60% of the genes in the genome with more than 100,000 images. Both surveys used controlled vocabulary annotations provided by experts to describe the patterns observed in the images. Using these annotations, similar patterns have been grouped by clustering approaches. Incorporating time-course microarray data into the clustering enabled the distinction to be made between broadly expressed genes and highly restricted tissue-specific expression \[[@B4]\]. Both studies were unbiased with respect to the types of genes analyzed and reported a spectacular diversity of gene expression regulation that defies easy attempts at classification.
Integrative analyses of genome-wide gene expression datasets
============================================================
Adryan and Teichmann \[[@B2]\] have taken a fresh look at these available *Drosophila*datasets, focusing primarily on spatial patterns of gene expression, as summarized by controlled vocabulary annotations \[[@B4]\], and integrating them with recent microarray studies \[[@B3]\]. The study \[[@B2]\] concentrates on TFs, as they are arguably at the core of the gene regulatory networks governing embryonic development, and follows previous work by the authors \[[@B5]\] that defined a curated set of TFs in the *Drosophila*genome using protein sequence features (binding domains).
The authors \[[@B2]\] made several noteworthy observations regarding TF activity on a genome-wide scale. Almost the entire complement of TFs is used during both embryogenesis and in adults, implying that the entire transcriptional regulatory machinery is used at multiple stages of the *Drosophila*life cycle. The authors \[[@B2]\] also see little relationship among the types of adult and embryonic tissues that a given TF is expressed in, which suggests that, on a genome-wide level, there is no support for the idea that TFs maintain their expression along developmental lineages. The embryo and adult fly are two largely distinct animals separated by an autonomous larval stage and transformed into one another during metamorphosis, and from this perspective, the findings \[[@B2]\] are sensible.
More surprising are patterns observed within embryogenesis, in which many TFs show tissue-specific gene expression during early stages (blastoderm stage and around gastrulation) and late stages (organogenesis) that do not follow developmental trajectories \[[@B2]\]. *Drosophila*embryologists might object that these patterns are not the rule and back up their argument with the examples of master regulators that specify and mark developmental lineages, such as Single minded, which specifies the midline cells of the nervous system. On the other hand, counter-examples are readily available, such as the extensively studied Hunchback TF, which has distinct and unrelated functions in early body-plan patterning (gap gene function) and nervous system development (sequential cell fate specification). The key to the argument is statistics; when looking at the class of TFs as a whole, there is no significant trend of respecting developmental lineages, and the examples that might be used to object to this model are important exceptions, but not the rule.
Following similar reasoning, the authors \[[@B2]\] examined how the expression patterns of TFs differ from those of the non-TF remainder of the genome. A relatively small proportion of maternally expressed genes are TFs, but because the mRNA for most genes is provided by the mother, there are still surprisingly many TFs among them, far exceeding the well known examples that kick-start body patterning, such as Bicoid and Caudal. Adryan and Teichmann \[[@B2]\] reveal the full scale of the maternal transcription factor expression: regardless of the particular dataset, about 60% of TFs are maternally deposited, meaning that the cytoplasm of the early embryo is flooded with sequence-specific DNA binding activity that is largely unaccounted for in models of embryonic gene expression. Relatively little is known about the expression of proteins from these maternal TF transcripts, but the study of polysome association has suggested that the majority of them are in fact translated. What the impact of this indiscriminate loading of pleiotropic regulatory proteins into the early embryo is, and how it relates to the pervasiveness of TF binding sites in the genome, remains an interesting yet unanswered question.
Overall, the proportion of expressed genes that encode TFs is the highest during the crunch time of body-plan layout, around gastrulation (stages 4 to 8 in *Drosophila*) \[[@B2]\]. Later on, the authors \[[@B2]\] detected an intriguing dichotomy among germ layer derivatives. The enrichment of TFs in mesoderm and endoderm drops, whereas it remains high in ectoderm primordia and gets further restricted to the nervous system, where most of the TF \'action\' seems to reside in late stages of embryogenesis. It is as if the regulatory traffic gets redirected to the nervous system, which still undergoes significant patterning decisions after other tissues have been specified; this lends further support to the notion that the activity of nodes in regulatory networks is not restricted to specific lineages but is flexibly reused when and where cell fate decisions are needed.
More specific analyses \[[@B2]\] address how broad TF subclasses defined by a common DNA binding domain are used in development. The authors \[[@B2]\] detect a trend for the largest domain families; members of the zinc-finger family tend to be expressed early in development, whereas basic helix-loop-helix (bHLH) and homeodomain TFs typically appear late. Why would that be the case? TFs from the same family derived from a common ancestor domain in the evolutionary past. The homeodomain-based regulatory system that patterns the anterior-posterior axis is ancient, as it is shared by all existing animal phyla. Could it be that expression constraints were carried over through countless duplication and diversification events and are still present? It would be interesting to see whether zinc-finger TFs, which are expressed predominantly early (because their mRNA is maternally contributed), show a similar bias to early expression in other animal phyla. Alternatively, the specific layout of gene regulatory networks early and late in development may require different classes of DNA binding trans-activators with different binding properties. The observation \[[@B2]\] that many of the early TFs are reused later argues against this interpretation. Once again, the observations reveal statistically significant genomic trends, and many exceptions to these broad rules can be found (for instance, some bHLH TFs are in fact maternally deposited).
Finally, Adryan and Teichmann \[[@B2]\] tackle the complex issue of combinatorial gene expression control. With the naïve hypothesis \'one tissue - one master regulator TF\' rejected, they attempt to identify combinations of two or three TFs that would define developmental domains. Indeed, almost all possible combinations of TFs for which expression data are available from both sources (69,500 = 373^2^/2) are co-expressed in at least one tissue during development. Although these associations are highly dynamic, a significant fraction persists through time and through developmental intermediates, particularly during organogenesis. There is no evidence yet that these potential modules indeed interact at the same genomic regulatory target region, and the authors \[[@B2]\] note that the same level of association exists for non-TFs, but this may point to target genes of the combinatorial TF partners.
Broader implications for *cis*-regulatory regions
=================================================
A new study from the FANTOM consortium \[[@B6]\] recently reported on combinatorial transcription regulation in mammals, integrating expression with protein-protein interaction (PPI) data. Again, individual TFs were found to be widely expressed, and the specification of tissue type relied on combinatorial control involving TFs. Therefore, two independent reports in different systems \[[@B2],[@B6]\] arrive at the same conclusion that most TFs do not, by themselves, specify tissue restricted expression.
Sets of TFs could potentially co-regulate targets by exerting their influence on a common genomic regulatory region. The work of Ravasi *et al.*\[[@B6]\] implies a stricter model of combinatorial control, by including PPIs between TFs in addition to co-expression. PPIs can additionally \'disambiguate\' between proteins with similar or identical binding sites, and this ability may be strictly necessary, given that TFs from the same family share sequence binding preferences \[[@B7],[@B8]\] and that most TFs in flies belong to just a few classes that also happen to be co-expressed. It might therefore only be possible to identify functional targets in a specific manner by evaluating the binding of sets of interacting TFs. A known example of this is the mammalian E2F family, whose members can be activators or repressors despite the same binding preferences, which is achieved, at least partially, through specific interactions with other TFs.
Assuming that these general observations hold after further investigation, they have implications for the definition and identification of *cis*-regulatory modules. Early on, researchers in regulatory genomics have proposed the concept of *cis*-regulatory grammars: specific rules or constraints in terms of order, orientation, number and/or spacing between binding sites. Whether such grammars really exist has been under much debate; for instance, evolutionary patterns can wrongly suggest constraints when there are none \[[@B9]\]. If specific PPIs between TFs are necessary to define targets and specificity, these interactions will constrain the relative orientation of TFs and thus be reflected at the level of *cis*-regulatory organization. Although such rules may easily be lost in the noise of the vast landscape of a single regulatory genome, experimental profiling under more specific conditions, as well as conservation, will help us to narrow this down.
From high throughput to high resolution
=======================================
New transcriptional profiling data are coming online daily, thanks to systematic efforts such as modENCODE \[[@B10]\], which aims to annotate all functional elements in model organism genomes such as *Drosophila melanogaster*and *Caenorhabditis elegans*. Quantitative expression measurements derived from complete samples could potentially be much better used if the spatial extent of expression is estimated from microscopy data. For such analyses, it is necessary to step back from the annotations and work directly with the primary image data. Fortunately, image analysis for spatial expression data has recently become a blooming research field of its own, and state-of-the-art computer vision techniques are now being used to classify and analyze patterns of gene expression automatically. Such approaches are unbiased and can lead to the definition of new expression domains, particularly when looking at combinations of patterns, and scale better to larger datasets for which tedious manual annotation efforts may simply prove infeasible. Several new projects using high-resolution microscopy techniques are under way to describe expression patterns at unprecedented cellular precision, but they have not yet reached the coverage required for making genome-wide statistical inferences. As the coverage increases in the near future, the global integrative analysis of such datasets will be possible. The work of Adryan and Teichmann \[[@B2]\] demonstrates the promise of the integration of quantitative measurements with spatial expression data and shows that this approach will be crucial to untangle the gene regulatory networks in development.
Acknowledgements
================
Together with Casey Bergman at the University of Manchester, the authors are currently recipients of a Human Frontier Science Program young investigator award.
|
I just want to be normal: a qualitative study exploring how children and adolescents view the impact of intractable epilepsy on their quality of life.
This qualitative study explores how children and adolescents with medically refractory seizures experience the impact of epilepsy on their quality of life (QOL) within the domains of physical, emotional/behavioral, social, and cognitive/academic function. Semi-structured, open-ended interviews were conducted with 49 participants (7-18 years old). These narratives constituted our data source. Analyses involved inductive generation of themes/subthemes and connection of these themes to generate a theoretical representation of their relationships. These themes reflected the negative impact of epilepsy on QOL: physical-excessive fatigue as a barrier to academic and social pursuits; emotional/behavioral-intermittent emotional distress heightened by epilepsy-related factors such as unpredictability of seizures; social-profound social isolation; and cognitive/academic-discontinuous, fragmented learning. Youths perceive seizures as the major barrier to their sense of normalcy, setting them apart from others. Findings provide direction for assessment and evidence for developing or enhancing clinical interventions and community/school-based programs that might mitigate some of these negative experiences. |
@mixin vertical-align($position: relative) {
position: $position;
top: 50%;
transform: translateY(-50%);
}
@mixin word-break() {
word-wrap: break-word; // Non-standard name for overflow-wrap (Edge)
overflow-wrap: break-word;
}
|
The Birmingham Water Works initiated stage four of its drought management plan Friday, indicating an "extreme drought emergency," and paving the way for 400 percent surcharges for excess water use and encouraging municipalities within their service area to implement drought ordinances.
Stage four of the plan also includes a 400 percent surcharge for residential customers who use more than 9,000 gallons in a given month (the average household use is 7,500 gallons), and for non-residential customers who exceed 110 percent of their average water use.
The surcharges will be added to the regular water use fees, meaning water used in excess of those limits will cost customers five times as much.
These surcharges will not go into effect until Dec. 4, 30 days after the elevation to stage four was announced. The Birmingham Water Works implemented stage 3 of its drought plan on Oct. 19, triggering 200 percent surcharges for excess water use that begin on Nov. 19.
Though the surcharges have not yet taken effect, they have had an impact, according to Darryl R. Jones, assistant general manager of operations and technical services for the Water Works. Customers' average daily water use declined from 115 million gallons per day to 105 million gallons per day.
"This was a very significant reduction and shows that the customers of the Birmingham Water Works are supportive of the message to reduce their water usage," Jones said in a news release. "We also believe that we should continue to emphasize to our customers the severity of this weather crisis and engage them to help manage the demands for water until adequate rain returns to this area."
The stage four measures are designed to decrease water use five percent beyond stage three measures.
According to a summary of the drought management plan, the Water Works is asking municipalities to enforce drought ordinances that include the following measures:
Customers will be allowed to hand water using a hose with a nozzle one day per week.
No watering between 8 a.m. and 8 p.m. on each allowable watering day, and no watering on Tuesdays, Wednesdays, Thursdays, Saturdays and Sundays.
New lawns and landscaping exempt from day of the week watering restrictions for the first 20 days after installation.
Athletic fields may be watered Wednesdays and Saturdays between 4 a.m. and 9 a.m. when determined that said fields are hazardous to the health and safety of children and athletes, by being too hard by virtue of a lack of water.
Golf courses to restrict watering to tees and greens only on Mondays, Wednesdays and Fridays between the hours of 1 a.m. and 5 a.m.
Exemptions made for select commercial outdoor water users.
Stage four is the second highest stage of alert under the BWW plan. Stage five, called an "exceptional drought emergency," would ask municipalities to ban all non-essential outdoor watering.
The measure comes as much of the BWW's service area is classified as being in "exceptional drought" by the U.S. Drought Monitor, and with no significant rainfall expected in the upcoming 10-day forecast. |
/*
Copyright (C) 2016 by Wojciech Jaśkowski, Michał Kempka, Grzegorz Runc, Jakub Toczek, Marek Wydmuch
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.
*/
#ifndef __VIZ_DEPTH_H__
#define __VIZ_DEPTH_H__
//UNCOMMENT TO ENABLE DEPTH BUFFER DEBUG WINDOW
//#define VIZ_DEPTH_TEST 1
//UNCOMMENT TO ENABLE COLOR-BASED DEPTH TEST
//#define VIZ_DEPTH_COLORS 1
#include "basictypes.h"
#ifdef VIZ_DEPTH_TEST
#include <SDL_video.h>
#endif
class VIZDepthBuffer{
public:
VIZDepthBuffer(unsigned int width, unsigned int height);
~VIZDepthBuffer();
BYTE *getBuffer();
BYTE *getBufferPoint(unsigned int x, unsigned int y);
void setPoint(unsigned int x, unsigned int y, BYTE depth);
void setPoint(unsigned int x, unsigned int y);
void setActualDepth(BYTE depth);
void setActualDepthConv(int depth);
void setDepthBoundries(int maxDepth, int minDepth);
void updateActualDepth(int adsb);
void storeX(int x);
void storeY(int y);
int getX(void);
int getY(void);
unsigned int getBufferSize();
unsigned int getBufferWidth();
unsigned int getBufferHeight();
void clearBuffer();
void clearBuffer(BYTE color);
void lock();
void unlock();
bool isLocked();
void sizeUpdate();
unsigned int helperBuffer[4];
#ifdef VIZ_DEPTH_TEST
void testUpdate();
#endif
private:
BYTE *buffer;
unsigned int bufferSize;
unsigned int bufferWidth;
unsigned int bufferHeight;
BYTE actualDepth;
int maxDepth;
int minDepth;
int convSteps;
int tX, tY;
bool locked;
#ifdef VIZ_DEPTH_TEST
SDL_Window* window;
SDL_Surface* surface;
SDL_Color colors[256];
#endif
};
extern VIZDepthBuffer* vizDepthMap;
#endif
|
Ramification: For case_statements,
this includes values outside the range of the static subtype (if any)
to be covered by the choices. It even includes values outside the base
range of the case expression's type, since values of numeric types (and
undefined values of any scalar type?) can be outside their base range.
{AI05-0153-3}
{AI05-0188-1}
{AI05-0262-1}
{AI12-0071-1}
If the discriminant is of a static constrained scalar subtype then, except
within an instance of a generic unit, each non-othersdiscrete_choice
shall cover only values in that subtype that satisfy its predicates predicate,
and each value of that subtype that satisfies its predicates predicate
shall be covered by some discrete_choice
[(either explicitly or by others)];
Implementation Note: This is not a “check”;
it cannot be suppressed. However, in most cases it is not necessary to
generate any code to raise this exception. A test is needed (and can
fail) in the case where the discriminant subtype has a Static_Predicate
specified, it also has predicate checking disabled, and the discriminant
governs a variant_part
which lacks a when others choice.
The test also could fail for a static discriminant
subtype with range checking suppressed and the discriminant governs a
variant_part
which lacks a when others choice. But execution is erroneous if
a range check that would have failed is suppressed (see 11.5),
so an implementation does not have to generate code to check this case.
(An unchecked failed predicate does not cause erroneous execution, so
the test is required in that case.)
{AI05-0299-1}
We have added the term Discrete Choice to the title since this is where
they are talked about. This is analogous to the name of the subclause
"Index Constraints and Discrete Ranges" in the subclause on
Array Types.
Incompatibilities With Ada 2005
{AI05-0158-1}
Membership tests are no longer allowed as a discrete_choice,
in order that those tests can be expanded to allow multiple tests in
a single expression without ambiguity. Since a membership test has a
boolean type, they are very unlikely to be used as a discrete_choice.
Extensions to Ada 2005
{AI05-0188-1}
Variants in generic specifications are no longer rejected if the subtype
of the actual type does not include all of the case choices. This probably
isn't useful, but it is consistent with the treatment of case_expressions.
Wording Changes from Ada 2005
{AI05-0290-1}
Added a test that some variant
covers the value of a discriminant that governs a variant_part.
This is similar to the test that some case limb covers the value of the
Selecting_expression
of a case_statement.
This test cannot change the behavior of any nonerroneous Ada 2005 program,
so it is not an inconsistency. |
Q:
vue.js data not updated after clear
I have a vue.js item in my page that tracks changes made to a form. It looks like this:
var changes_applied = [];
var changes_applied_block = new Vue({
name: "ChangesApplied",
el: '#changes-applied',
data: {
items: changes_applied
},
methods: {
remove: function(index) {
changes_applied.splice(index, 1);
}
}
});
When a change is detected the change is pushed onto the changes_applied array, and it shows up in the "Changes Applied" div as expected. The deletes also work, which just calls the remove method on the vue object.
I also have a "clear" button that's not connected to the vue instance, and when it's clicked it sets the data source back to an empty array using changes_applied = [];
The problem is that after this is cleared using the button, the changes / additions to the changes array no longer show up in the vue element-- it's like the vue element is no longer attached to the changes_applied array.
Am I missing a binding or something here that needs to happen, or is there a "vue way" to clear the vue data without touching the actual source array?
A:
Mark_M already provided a good explanation, I'll add a demo, since I think its easier to understand how it works.
You can copy the value of the array to data, but then all operations must be done to the data directly:
const changes_applied = [
{id: 1},
{id: 2},
{id: 3}
];
const vm = new Vue({
el: '#app',
data: {items: changes_applied},
methods: {
add() {
const id = this.items.length + 1
this.items.push({id})
},
remove() {
this.items.pop()
},
clear() {
this.items = []
}
}
})
<script src="https://cdnjs.cloudflare.com/ajax/libs/vue/2.5.13/vue.js"></script>
<div id="app">
<div>
<button type="button" @click="add">Add</button>
<button type="button" @click="remove">Remove</button>
<button type="button" @click="clear">Clear</button>
</div>
<ul name="list">
<li v-for="item in items" :key="item.id">
Item {{ item.id }}
</li>
</ul>
</div>
|
Wait, I thought only tea party rallies were all white people?
Via WFB:
Black activists at the 2013 Netroots Nation conference blasted organizers and participants for what they described as a shocking “lack of diversity” at the progressive community’s flagship get-together.
“I want to touch on the lack of diversity at Netroots Nation,” remarked one black audience member to wild applause and cheers during a rowdy Saturday afternoon discussion with a panel of prominent black female activists.
“What I’d say to that is efforts are made every year and it has grown more diverse over time,” replied Cheryl Contee, a Netroots board member who founded Jack and Jill Politics, a political hub for black activists.
“It used to be worse,” said Contee, who acted as moderator of “Ask a Sista: Black Women Muse on Politics, Policy, Pop Culture and Scholarship.”
“That’s not a defense,” Contee added. “But I’m just saying it used to be much, much worse.”
“I agree,” added Kimberly “Dr. Goddess” Ellis PhD, who is known as an expert in “new age liberation ideology.”
“Netroots Nation came to me,” Dr. Goddess said. “I had never heard of Netroots Nation as a conference or a thing” before being approached by organizers.
Lauren Brown Jarvis, a Huffington Post contributor and social media guru, said she has a similar experience at Netroots.
“People are offended by my assertion that I’m black and going to be here and be black,” Jarvis said, noting that her public pride is not about “hating white” people, but empowering black ones.
“I know I felt very lost [at the confab] and I came with seven other co-workers,” Jarvis said.
Despite the protestations of the panelists, bloggers and Twitter users roaming the conference highlighted Netroots’ lack of diversity.
“Although Netroots touts itself as being an incubator for ideas that challenge the status quo, judging from the racial make-up of the NN13 attendees, lack of diversity is one status quo that didn’t seem to be challenged enough,” Sharon Kyle, a blogger for LA Progressive, wrote in a post titled, “Netroots Nation Lacks Diversity.”
“For the past two days I’ve been one of a sprinkling of minorities floating in a sea of young white people,” wrote Kyle, a member of the conference’s panel selection committee.
Keep reading… |
GK – General Knowledge for IIFT, XAT, SNAP
7500+ students have studied from our online GK preparation course and loved it
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Live stream of the quiz will start at 8 PM. Please like our Facebook page so that it appears on your newsfeed.
Questions from General Knowledge Quiz held on 21st September
1. Which Nobel Laureate is being criticized for her role in the Rohingya Crisis?
2. North Korea recently conducted its first test of an ICBM. What does ICBM stand for?
3. Trump Towers, Mumbai is being built in a collaborative effort with which Indian company?
4. Which company, headed by Ashish Hemrajani, recently acquired a majority stake in do-it-yourself ticketing platform Townscript?
5. Nirmala Sitharaman is the first / second / third female to serve as the Defence Minister of India?
6. Which actor, who is set to join active politics in near future, started his career as a child actor in the 1960 film Kalathur Kannamma?
7. The bullet train is scheduled to leave for its first run on which specific date in 2022?
8. Sardar Sarovar Dam will provide water and electricity to Maharashtra, Gujrat, Madhya Pradesh and which other state?
9. Who is the only female cricketer to have scored more than 6000 Runs in One Day Internationals?
10. In which city of China was the 9th BRICS summit held?
Register and submit answers for the quiz in the google form given below
Q1. How and when will I get access to the GK Course?Email Within 24 hours of making the payment for the GK Course, you will get an email from our side. That email will have a login and a password with which you will be able to access the GK Course. You will also get access to all study material, videos and documents.
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I'm sure this is an easy question but either I never knew how to do this, or I've since forgotten during my hiatus.
I need a BHAV that checks the value of a BCON and then either does or does not do something based on the value it sees. What does that BHAV look like?
I want to add and item to my sim's inventory based on their chance card result. I'm guessing I can add in a BCON 'Tuning - Chance - Bad - A' and values for it like the skill points and motives, and have my BHAV see if it needs to add the item or not.
If there is a better way to add an item to inventory based on the chance card outcome, I'd love to hear it. Didn't Science peeps have a random chance of bringing home a satellite? I can't seem to find that code.
I don't understand why you want to do it via BCON, as BCON can't be change (not as attributes or locals or parameters ...). However, have you tried the finder "#STR" ou "string" ? Perhaps 'sattelite' should work just right (only if you get a message ingame when you get the sattelite...)
Chance card BCONs are typically accessed via an index "const [temp:0]:0x02" due to the job levels having different cards/outcomes (see the code in the two BHAVs given for examples)
The problem I can see is knowing which job(s) have been modified to include the BCONs (entries in existing BCONs) you want to use to store your conditions - as soon as the player uses a custom career without that BCON its "Cancel / Reset / Delete" time
Maybe I'm going about this the wrong way. I am trying to add an item to their inventory if they pick one one of the two options and had bad luck with the outcome. I only want to do this on specific chance cards. It's part of an entire default replacement career set I'm working on.
As for the custom careers that wouldn't have it, can't I first check to see if the BCON exists, and if not skip over my added parts?
No you can't check for the existence of a constant without throwing an error when it does not exist. You can however do anything you like with the constants that do exist in every career but are never used. None of the constant tables that pertain to 'Skill - Gardening' are used, they are always 0, sims don't have gardening skill.
No you can't check for the existence of a constant without throwing an error when it does not exist. You can however do anything you like with the constants that do exist in every career but are never used. None of the constant tables that pertain to 'Skill - Gardening' are used, they are always 0, sims don't have gardening skill.
And hope that no one else has used the same columns.
Someone makes a mod that adds badge skill (robot/toy making, gardening, etc) boosts to certain base game chance cards (eg robot making for the "cut the red or blue wire" one). Even if the mods manage not to conflict, the sim will get an unexpected badge skill boost (albeit probably very small) when using the mod with Phaenoh's customised careers, and will get a Phaenoh's object in their inventory when using a standard career that gives the skill boost in the column also picked by Phaenoh.
(If this was only for one custom career, you may as well check that the GUID of the career the chance card is for matches the GUID of the custom career. That will solve the second issue above, but not the first. However, once you know the chance card is for the custom career, you can look the required data up from a custom career specific BCON, which solves both issues.)
The bigger problem is which BHAV do you over-ride to add the custom code into? Pick either of the two given above and (IIRC) you'll conflict with several commonly used mods that stop job progression (as they have to over-ride those two BHAVs to stop job promotion/demotion from chance cards) - which may or may not be a concern.
Yes, absolutely.
Using the extra constants must include job global override(s) so if more than one person uses them they will become incompatible with each other. T&A and A&N already use those constants for a career, any override to the job globals will immediately be incompatible with my game.
When sims begin a career they begin at level 1, that is the lowest level so all of the constants for career level 0 are unused. T&A and A&N use constant 0x1000:0x00 (Tuning - Daily Wages) to indicate that those gardening skill constants are to be used for this career, if it has a value of 1 then use them otherwise don't. We could perhaps all use that constant, give it a value to indicate which code or mod should be used for that career.
A&N uses 'Sub - Chance Card - Results' because all of the heavy lifting has already been done, Local:8 already returns the values from the Gardening Skill constants so there's not much more to do. Line 0x36 currently does nothing with the result so we just need to 'tap' into that. The file linked to here includes two files, one named 'CareerAddToInventory-SemiOveride.package' which taps into that and includes the extra code to add an item to the inventory. The other "CareerAddToInventory-Architecture.package' is an example override for the Architecture career. As is it can add both good or bad items and although it's not likely anyone will want to add things for bad chance card results it does keep it flexible enough to be able to. It also reads constant 0x1000:0x00 as a flag, this allow more uses for it to be added later and either/or to be used.
Interesting. But it's still going to conflict with Job Stopinator, et al. Unless every modder agrees to include that code in their mods that also over-ride 'Sub - Chance Card - Results' I don't see the advantage. And then modders would need to agree on the meanings of the flags and include each others code that processed those flags - god I miss Lua events from Civilization V
Is there another way to add an item to the inventory from a chance card outcome?
In the modern world, the player's decision from a chance card would trigger an event. Base game code would then listen for that event and perform the standard good/bad result outcomes. Modders would then be able to add their own code to listen for the same event and do additional actions (such as adding an item to inventory). Multiple modders can listen for the same event and do many different things. But Sims 2 isn't in the modern world - the player's decision is detected and runs directly through code. The only way to add something extra into that process is to copy the original code, add in the new action(s) and then replace (ie over-ride) the standard game code. This approach works for exactly one modder (unless the second modder uses the first modder's code as their starting point, etc, etc, etc). Otherwise the player has to decide whether to play with Mod A or Mod B as they conflict. Being late to the party, a lot of my initial research for my few mods has been around "what mods must I NOT conflict with" (or, if I'm going to conflict, how can I reduce that number and/or put non-essential features in separate packages so they can be deleted to avoid the conflict - which is why the non-essential "Pause/Unpause Promotions" options on the paybook are controlled from their own package, and also why the "automatically give teens acne cream" has also been split out).
It's certainly fun, like trekking through a soggy peat bog can be fun!
As is it can add both good or bad items and although it's not likely anyone will want to add things for bad chance card results it does keep it flexible enough to be able to.
Oohh, guess again. That is precisely my plan... *evil grin*
THANK you for that example package. I'm not entirely sure what I'm looking at yet, but I'll compare it to the original architecture career, and then get it in game and between the two I'll wrap my head around it.
Quote:
Originally Posted by whoward69
god I miss Lua events from Civilization V
IIRC, Sims does have some Lua code, but none of us ever really figured much of it out. The base game is where most of it resides.
Sounds like I'm just going to have to suck it up and conflict. I hear you about including aspects of popular mods. I'm also working on new schools atm and I've been scouring the simnet for all the popular fixes to include since they won't be default schools. I'll have to take a look at Job Stopinator and see if I can't accomplish it's same end goal with my careers. Having not looked at it in a while, I'm assuming it simply keeps too many sims from the tops of careers, and if that's mostly all it is, I can do that with harder skill reqs.
Quote:
Originally Posted by Chris Hatch
When sims begin a career they begin at level 1, that is the lowest level so all of the constants for career level 0 are unused. T&A and A&N use constant 0x1000:0x00 (Tuning - Daily Wages) to indicate that those gardening skill constants are to be used for this career, if it has a value of 1 then use them otherwise don't. We could perhaps all use that constant, give it a value to indicate which code or mod should be used for that career.
Does T&A and A&N use all the gardening constants, or just the level 0 ones? How bad is my conflict with your stuff gonna be? Is there a way to 'share' it as I think you are indicating? I'm doing these as a full set of default career overrides. Is yours also defaulted careers, or is it a custom career, or how are you using them? I must admit, I'm not terribly familiar with T&A and A&N.
-- This city can only stockpile if it has a storage yard and it's not already full
if (pCity:GetNumBuilding(iStorageYard) > 0) then
if (pCity:GetOverflowProduction() > pPlayer:GetMaxStockpile()) then
return false
end
else
return false
end
end
Does T&A and A&N use all the gardening constants, or just the level 0 ones? How bad is my conflict with your stuff gonna be? Is there a way to 'share' it as I think you are indicating? I'm doing these as a full set of default career overrides. Is yours also defaulted careers, or is it a custom career, or how are you using them? I must admit, I'm not terribly familiar with T&A and A&N.
Don't worry about compatibility with A&N, any worthwhile alteration and/or support for any good mod that I see will be built into A&N and T&A next update, (the code for this is already in the source). T&A uses all of them, at some career levels in T&A the constants are used to give a sim a romantic interlude with a stranger or for a disease for a bad chance choice. They invariably use a hex value of 0x0069 in the constant tables which is why I used 0x0072 (for good) and 0x0074 (for bad) in that example. You could change them to any other value if you prefer, just keep the values in 'Sub - Chance Card - Add to Inventory' consistent with your choice. The reason for a specific value is if a custom career does have some 'junk values' in those constants it's highly unlikely that they'd be those specific values.
I've no idea what a jobstopinator is, nor do I care. The whole purpose of mods is to be able to choose what we want and play our own game our own way. If you do share then it'd pay to mention any mods that you're aware of that it's not compatible with.
As that example is once the semi global override is in the download folder items can be added to sim's inventory via chance for any career, any level, Maxis or custom for both adult and teen/elder careers by just updating and adding the constants. Since it's using otherwise unused constants careers that have been prepared for it will still run error free without the override except the item won't be added into the inventory, so if/when you do share keep the override in a separate file from the career.
I'm glad I won't be directly conflicting with your things. I'll stick with the values you've provided. I was wondering why those were the numbers, and now I have my answer.
I looked up the jobinator thing, and I don't mind conflicting with it. It appears to simply be an object you can place in the inventory to prevent further job promotions. The point being, I think, to keep too many sims from the top. I will be addressing that issue myself with my careers, so it won't be needed.
Now it looks like I have a TON of cloning and text editing to do. Why do I never pick small projects? |
Q:
Is it possible to join a table to itself
I have a query that joins two tables together. In table O I have an employee ID, which I join to the HR table to retrieve the employee name:
inner join hr AS hr on o.syscreator = hr.res_id
Also on the HR table is the employees manager, but the value is only the employee ID of the manager. Therefore to retrieve the full name of the manager, would I need to use a self join? I could only find examples of self join using the FROM table, in this case it's the join table.
select o.ordernr,
o.refer,
o.orddat,
o.afldat,
o.magcode,
o.user_id,
o.status,
o.represent_id,
o.crdnr,
o.ord_debtor_name,
o.ord_AddressLine1,
ord_PostCode,
ord_City,
ord_StateCode,
o.ord_landcode,
o.ord_Phone,
o.ord_contactperson,
o.ord_contactemail,
o.syscreated,
h.fullname AS RepName,
h.repto_id AS ManagerID
from order o
inner join humres AS hr on o.syscreator = hr.res_id
Any help would be appreciated.
A:
You can sure bring the same table twice - you just need to use a different alias.
I think that you want:
select
o.ordernr,
...,
h.fullname AS RepName,
h.repto_id AS ManagerID,
hr_mgr.fullname as MgrName
from order o
inner join humres AS hr on o.syscreator = hr.res_id
inner join humres AS hr_mgr on hr_mgr.res_id = hr.repto_id
|
Traumatic damage to the nodal axolemma: an early, secondary injury.
Electronmicroscopical investigations were made in a model of optic nerve damage in guinea-pigs on the development of acute axonal damage on an ultrastructural basis. It was expected to obtain thereby further information on mechanisms underlying axonal damage in traumatic brain injury. For that purpose an injury apparatus was employed to deliver defined elongation and/or tensile strains to the optic nerve. Transmission electronmicrographs were examined of longitudinal and transverse nerve sections throughout its entire length. The most severe abnormalities were identified in the prechiasmatic portion of the nerve. Among others, elongations of the nodes of Ranvier were encountered, swollen axons with accumulation of organelles, and even disrupted axons having a morphology similar to retraction balls. In all instances, abnormal axons were found together with axons having a normal structural appearance. Nodes of Ranvier demonstrated outward dilatations of the nodal axolemma and of the adjacent axoplasm, which are named as nodal blebs. Nodal blebs occurred already 15 min after injury, and were fully developed at 6 or 24 hrs. The blebs had disappeared again after 5-7 days. The axoplasm in the blebs demonstrated considerable disorganization of cytoskeletal elements with an array of amorphous material appearing as granular degeneration. Taken together, the present experimental model is a useful approach to analyse axonal damage at the ultrastructural level as it may occur in white matter of the central nervous system. |
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How to decrease your automotive insurance charges
It is pure to really feel apprehensive about paying for the rising value of gasoline and sustaining pricey insurance on the similar time. Here, the one answer is to discover out the perfect auto insurance quotes and observe some easy methods to lower down on the insurance premiums. |
Solar Power Helping Save Children’s Lives In Haiti
Solar powered refrigerators are playing an important role in improving the health of children in Haiti.
Rural Haiti lacks a reliable supply of electricity, making it difficult to keep crucial vaccines that protect children against diseases such as polio cool. Gas refrigerators have been used, but the logistics of transporting heavy gas cylinders over significant distances present other problems. Like electricity, gas it seems is also an unreliable power source in rural Haiti.
UNICEF has installed solar-powered refrigerators at 153 medical centers in the nation to support UNICEF’s efforts to immunize Haiti’s children against preventable diseases. Communities with the refrigerators installed report they now never run out of vaccine.
Vaccine spoilage is not only dangerous, but expensive. UNICEF is the largest buyer of vaccines in the world, last year purchasing nearly two billion doses to support immunization programmes in more than 100 countries. Each dose that spoils could represent the death of the child unable to receive it. UNICEF says immunisation avoids an estimated two to three million deaths every year in all age groups from diphtheria, tetanus, whooping cough and measles.
“Along with the affordable technology of solar refrigerators, the vaccines are an extremely cost-effective way to support better health in communities like Rossignol – protecting a child for life against measles, for example, costs less than US$1,” says UNICEF.
With refrigerators and freezers generally being power hungry appliances, not so long ago the cost of solar panels made the rollout of such programs very limited; eating into funding and more reliant on equipment donations. With the price of modules having dropped by more than 70% in recent years; solar is now playing an increasingly important role in impoverished and emerging nations – not just for improving comfort and convenience; but also in saving lives. |
TropshaOs group has made excellent progress with a novel approach in the area of protein folding, which applies methods of statistical geometry to the analysis and prediction of protein structure from primary sequence. In the past year, this work has led to new algorithms for sequence-structure compatibility (fold recognition) searches in multi-dimensional sequence-structure space. Individual amino acid residues in protein structures are represented in this work by their Ca atoms; thus each protein is described as a collection of points in three-dimensional space. Delaunay tessellation of this set of points generates an aggregate of space-filling, irregular tetrahedra, or Delaunay simplices. Statistical analysis of residue compositions of all Delaunay simplices in a representative dataset of protein structures have produced a four-body residue contact potential (expressed as log likelihood factor q) for the full set of 20 amino acids as well as for several reduced sets. Two independent sequence-structure compatibility (threading) functions have been defined in terms of these q factors: 1) the sum of q factors for all Delaunay simplices in a given protein, and 2) Delaunay tessellation profiles where the sum of q factors for all simplices that share the vertex residue is plotted as a function of residue number. Both threading functions were used as criteria to answer the two questions, "does structure recognize sequence?" and "does sequence recognize structure?" We find that threading functions based on either a profile or a total score can distinguish the native fold from incorrect folds for a given sequence, and the native sequence from non-native sequences for a given fold. Figure 1. Comparison of 3D-1D Delaunay tessellation profiles for native and deliberately misfolded structures. Of the two three-letter abbreviations in each legend, the first corresponds to the PDB code for the sequence and the next corresponds to the PDB code for the structure. In each case, the "self" matching produces a profile with higher scores, indicating that the interioirs of these molecules are "packed" according "rules" followed also by other proteins. These protocols can effectively deal with nongapped threading and find an immediate application in selecting the most plausible conformation among alternative structures predicted on the basis of homology model building or molecular simulations. The Figure illustrates the efficiency of Delaunay tessellation profiles in discriminating between native and deliberately misfolded structures, obtained by assigning a native sequence to a protein structure with the same sequence length. membranes. (M. Berkowitz, U. Essmann). |
BOYCOTT THE PRANKSSTERS.
SPEAKING OF YouTube
STARS, SWAT TEAM AND F.B.I.
INVESTIGATORS HAVE PAID A
VISIT TO THE HOME OF
YouTube INFLUENCER JAKE
PAUL YESTERDAY.
THE PURPOSE OF THE VISIT WAS
TO EXECUTE A SEARCH WARRANT
AT THE MANSION WHICH IS
LOCATED IN CALIFORNIA.
A JUDGE SEALED THE AFFIDAVIT
IN SUPPORT OF THE WARRANT.
OFFICIALS WON'T SAY WHAT THEY
WERE' EXACTLY LOOKING FOR.
THE L.A.TIMES IS REPORTING
AGENCIES MULTIPLE WEAPONS
FROM THE HOMES, THERE WERE NO
ARRESTS, PAUL IS BEST NOPE
FOR PERFORMING A VARIETY OF
STUNTS ON YouTube THAT
LAND HIM OCCASIONALLY IN
LEGAL TROUBLE.
LAST MONTH CAL BASSAS MAYOR
SAID THE CITY WAS CONSIDERING
TAKING LEGAL ACTION AGAINST
HIMMED ON HIS BROTHER FOR
THROWING A IRAQOUS PARTY IN
WHICH PEOPLE DIDN'T WEAR
MASKS OR PHYSICALLY DISTANCE.
VIDEO SHOWED PEOPLE PLAYING
ON AN EXCAVATOR.
SO THEY DO WILD THINGS AND --
YOU KNOW THIS GUY.
I KNOW THIS GUY.
I KNOW, LIKE, BLOGGERS IN
GENERAL ON YouTube.
I WATCHED AND THEY DO SOME
CRAZY STUNTS, THINGS LIKE
THAT.
ONCE AGAIN MORE
PRANKSTERS.
IT'S -- IT GOES TOO FAR.
ARE WE CREATING A SOCIETY
OF PEOPLE DOING STUPID THINGS
MAKING MONEY OFF OF IT?
I FEEL LIKE THAT SOCIETY
HAS BEEN CREATED AND EXACTLY,
IT'S WHAT WE DO RIGHT HERE.
[LAUGHTER]
NO.
NO.
EXPECT FOR THE MONEY PART.
[LAUGHTER]
STUPID THINGS AND -- THEY
JUST HAPPEN.
JORDAN, IF WE DO ENOUGH
CRAZY THINGS WE MIGHT GO
TRAVEL, MAYBE MIKE COULD DROP
AND GIVE US 20 ONE DAY.
LET'S DO A YouTube
CHANNEL NOW.
|
Rove's Resignation an Amicable Breakup
Upon Karl Rove's announcement today that he will resign from his role as political adviser to President Bush, White House officials called Rove "a great colleague, a good friend and a brilliant mind," noting that his departure at the end of August will be a big loss for them.
Before the Bush administration existed, Rove was there. He was Bush's most trusted political adviser — the so-called "Architect," the man with the plan.
But after so many years of service, why leave now? Rove told the Wall Street Journal, "I just think it's time," adding that he is leaving "for the sake of his family."
In 2000, Rove helped propel Bush to the White House, in part by positioning him as a "compassionate conservative" and family man, the antidote to President Clinton.
He helped the president's party gain seats in Congress in 2002 and 2004, for which the newly re-elected president gave him credit, publicly thanking the "architect Karl Rove."
Refused to Testify
But Rove has also been a lightning rod for criticism, most notably over the "outing" of CIA agent Valerie Plame as punishment for the actions of her husband, who was undermining the case for the Iraq War.
Congress is now investigating the attorney general's office over the firing of several U.S. attorneys, but Rove has refused to cooperate in the congressional hearings.
"Where is Karl Rove? Why is he hiding? Why does he throw a young staffer like you into the line of fire while he hides behind the White House curtains?" asked Sen. Dick Durbin, D-Ill., during a judiciary committee hearing.
As for questions on whether he is resigning to avoid testifying in front of Congress, Rove told Wall Street Journal editor Paul Gigot, "I know they'll say that. But I'm not going to stay or leave based on whether it pleases the mob." |
Q:
Как передать атрибуты из html в ruby-файл?
Добрый день, уважаемое сообщество!
Я не знаю, как правильно сформулировать мой вопрос. Я тщетно пытаюсь найти ответ на свой вопрос уже несколько дней, но везде натыкаюсь на руководства по Rails. Но я не хочу использовать рельсы или какие-либо другие фреймворки. Наверняка мою задачу можно решить без их использования.
У меня есть, например, файл index.html:
<!DOCTYPE html>
<html>
<head>
<meta charset="utf-8">
</head>
<body>
<form>
<label for="total">
Укажите сумму:
</label>
<input type="text" name="total" id="total" required="required">
<input type="submit" value="Сохранить">
</form>
</body>
</html>
И есть, например, файл main.rb:
require "sqlite3"
db = SQLite3::Database.open "salary.sqlite"
total = gets.chomp
db.execute "INSERT INTO salary (total) VALUES (?)", [total]
db.close
if total >= 1
puts "Всё ОК!"
else
puts "Что-то пошло не так..."
end
Подскажите, пожалуйста, как мне передать значение атрибута, заполняемого пользователем на форме в index.html, в руби-файл main.rb, чтобы он уже в свою очередь сохранил данные в базу данных?
Заранее огромное спасибо за помощь!
A:
Есть несколько способов.
CGI.
Способ особенно популярен для php. Суть метода в том, что веб-сервер (Apache или Nginx) будут просто вызывать нужный скрипт. Ответ должен быть помещён в стандартный поток вывода (puts). Вот статья, в которой есть пример составления cgi скриптов на руби.
Но нужно понимать, что без веб-сервера "не полетит". По настройкам веб-сервера подсказать не могу. Кроме того, процесс будет "рождаться чтобы умереть". Т.е. нужно будет позаботиться чтобы при каждом запросе всё инициализировалось заново (конфиги, подключение к бд и прочее)
Написать Rack-совместимое приложение. И использовать rack-сервер вроде puma или unicorn.
Это уже сложнее. Хоть и не на много - просто нужно реализовать структуру приложения, удовлетворяющую Rack-интерфейсу. Зато будет в результате будет многопоточный бэкенд сервер, который можно использовать как самостоятельно, так и совместно с веб-серверами врое Apache и Nginx (для прода рекоммендуется делать именно так).
Использовать родной рубёвый WebRick.
Имхо, самый самый муторный и самый ненадёжный способ. У этого компонента специфичный интерфейс (по ссылке выше есть примеры) и он не очень хорошо зерекомендовал себя при работе с конкурирующими запросами.
Конечно, он лишён некоторых недостатков CGI, но не так эффективен, как Rack + Бэкенд сервер. К тому же, сделать Rack-интерфейс гораздо проще.
|
No, there wasn’t a tie at the conclusion of the season. Actually, Devil’s Bowl Speedway had not one, but two race tracks sanctioned by NASCAR this season. One is a half-mile asphalt oval and the other is a third-mile clay oval, with each crowning a Division I champion.
On the dirt side, legendary dirt modified racer Kenny Tremont Jr. did something he’d never done before in his lengthy career, win a pair of NASCAR championships.
“We actually started off pretty good. We were, for the most part, in the top-five the whole year except maybe once or twice,” said the 56-year-old Tremont, who captured the Dirt Sportsman Modified track championship this year at Devil’s Bowl. “Really, compared to the year before, this was a trouble free year really. We ran really well and were able to win some races and when we didn’t win we finish really strong.”
Tremont, wheeling his No. 115 entry carrying sponsorship from S&S Asphalt Paving and Rifenburg Construction, was dominant throughout the season on the dirt at Devil’s Bowl. He won six times in 14 starts and also scored 12 top-five and 13 top-10 finishes.
Those finishes were enough for Tremont to win the dirt track championship by a mere six points over Tim LaDuc, but that wasn’t all. Tremont’s season-long consistency also garnered him his first NASCAR Whelen All-American Series Vermont championship by 35 points over LaDuc.
“We put a lot of work into it,” Tremont said. “We’ve got good crew members, so as far as the car, the car was pretty much bullet proof as far as finishing this year. It hasn’t always been that way through the years, but I really had a lot of confidence in the car and the car well and handled well.
“Devil’s Bowl, that small track is very tight and it’s very easy to get in trouble. Thankfully this year we were able to stay out of trouble for the most part. We did get tangled up a couple times, but thankfully it wasn’t anything that ended our night and we could get back going. It just worked out.”
U.S. state and province champions are determined by the best 18 finishes at tracks within the respective state or province.
Joining Tremont as a Division I track champion at Devil’s Bowl Speedway this year was another veteran competitor, Vince Quenneville Jr. The 51-year-old racer stood tall on the asphalt track, winning four times in 13 starts to capture his his second-straight NASCAR Division I track championship by 14 points over Ron Proctor.
“Our year was good. We had a really good car. We had very minimal incidents all year, which was great,” Quenneville said. “
Quenneville didn’t just limit his skills to racing on the asphalt track. He also took his talent to the dirt track at Devil’s Bowl, making history by becoming the first driver to win main events on both surfaces on the same weekend.
“It was a great weekend and at that point I was leading all three, the state and both track championships,” said Quenneville of his historic weekend, which came in late August. “I had a really good year going until the weekend after that on the dirt and then we had four bad weeks and that kind of really took a tole.”
Quenneville accomplished his feat in the nick of time. Mike Bruno, the owner of Devil’s Bowl Speedway, made the announcement in early August that Devil’s Bowl Speeway would focus solely on dirt racing next year.
However, that announcement came with a twist. Instead of shuttering the asphalt track and using just the third-mile dirt track, Bruno intends to cover the half-mile asphalt track with a new dirt surface.
“This decision is something that we have worked hard on for the last three years,” Bruno said in August regarding the decision to focus on dirt racing. “This is very bittersweet for me and my family. We have always loved asphalt racing and we are very proud of what we have accomplished during our six years at Devil’s Bowl. We will always be grateful for the support of our drivers and teams across all of our divisions through the good times and the bad times. Unfortunately, we feel that asphalt racing is heading in the wrong direction in this region and we have to make a change. We are excited to turn the page and start fresh with a brand new dirt track at Devil’s Bowl and build toward the future.”
Quenneville, whose No. 78 carried sponsorship from Black Diamond Builders, admits he’ll be sorry to see the asphalt track at Devil’s Bowl go, but he understands why Bruno was forced to make the decision.
“I think for the track to survive, the dirt is where it has to go,” Quenneville said. “I was a dirt racer. I started on the dirt, I raced at Devil’s Bowl on the dirt for years. I won a championship there on the dirt (in 2003). I have no problem with going back to dirt, but we had really finally had our asphalt program where it needed to be. We were serious contenders every week.
“So it’s a little bit disheartening on that part, but I completely understand where it’s going and why it has to go there. I have no problem supporting it. I’m very good on the dirt too.”
Tremont, meanwhile, is looking forward to the new challenge that the half-mile dirt oval will present in 2018.
“I’m definitely looking forward to it,” Tremont said. “I actually enjoyed the pavement. The pavement track was great too, it just hard trouble drawing cars. The car count was down as far as the pavement side went. So I understand the move.
“It should be better racing. Not as tight, less accidents. I’m for it.”
Both Quenneville and Tremont were honored during NASCAR HomeTracks Awards on Dec. 8 at the Charlotte Convention Center at the NASCAR Hall of Fame. Quenneville has had the honor of attending the ceremony a few times, but Tremont will get to experience for the first time.
“It’s really professional compared to what I’m use too actually. I’m impressed and I’m glad to be involved in it really,” Tremont said. “Your name is forever linked with NASCAR for winning a state championship, which is neat. Then winding it all up at the end of the year with a big banquet at the NASCAR Hall of Fame, everything about it is really exciting.”
Kenny Tremont Jr. won the dirt title at Devil's Bowl Speedway and the NASCAR Whelen All-American Series Vermont championship. Michael John Pierce |
Building and developing realistic simulation scenarios on safe drug administration.
To describe the construction of the scenarios and the development of the realistic simulation technique in health on safe administration of drugs for nursing professionals. Report of experience developed from October 2017 to May 2018 involving the steps of training of the facilitators, construction of the scenarios, development of the realistic simulation with nursing staff of a teaching hospital in the southern region of Brazil. The best simulation practice guidelines used from the International Nursing Association for Clinical Simulation and Learning. Four practice-based scenarios were constructed based on adverse events. The nurses educators trained the facilitators participating in all stages. There was concern about the fidelity of the scenarios, as well as the execution of the briefing and debriefing stages. The simulation allowed the reflection of the "way of doing" of the teams adjusting the process of preparation and administration of medicines to the institutional recommendations and, thus, promoting the safety of the process. |
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Joe Weil
When I first saw the papers concerning the young freshman who killed himself over being exposed kissing another man, I looked at the boy’s picture. I was in my office here at Binghamton, and I could not stop crying. It brought back my own brutal mocking when I was in high school at St. Mary of the Assumption High. I once had 100 students in an assembly sing the “Scruvy Joe” song while I sat, defenseless. No teacher ever told them to stop mocking me. They were told simply to stop making noise. I was not gay. I was clumsy, and depressed, and different than others, and I was an easy target for kids who, under other circumstances, would be considered really nice. We are not much different than chickens. We see a bleeding chicken and peck it to death.
I did not kill myself, but I also did not survive. No one survives the irrational contempt and disdain, and meanness of a mob, whether they persecute you because you are a certain color or sexuality, or simply because they are a bunch of insecure teenage morons who want to have some fun. My classmates never knew the pain they caused me. I went home every day to a mother who was dying of cancer. I never opened my mouth—not even when some of the jocks in the school began literally spitting on me. Not one teacher—not one in that whole Catholic high school—ever said to me: “Are you ok?”
I had no dates. No girl would date the school dork. My former friends from grammar school joined in the taunting, and I never got better. I died: my self esteem, my sense of trust in others, my sense that I had a right to be weird without being tormented—all that was gone. They murdered me. They broke my heart. And, if confronted, not one of them would even realize they’d done anything out of the normal, for it is normal to bully, and look down on others. After all, if you don’t want to be bullied, show some back bone, or bully someone back!
I was tough, physically strong. Even those who mocked me would have admitted I was one of the strongest kids in my grade. I wouldn’t fight because the anger and sadness and despair in me was so deep that I was afraid I might kill someone. Also, I was a neighborhood kid, and the last thing I wanted was for my dad and mom to think I was a loser. I used to spend hours on my knees praying God would kill me. I was not weak. I was depressed, deeply so, because of the illness in my family, and I didn’t know how to defend myself.
I repeat: to take away another person’s dignity, to make anyone feel that what they are is somehow intrinsically inferior—this is an act of spiritual murder. We all know the difference between gentle ribbing, affectionate kidding and hard core ridicule and persecution of others—or do we? I don’t think we have a clue.
I survived because I hid in reading and music. I would have much preferred to be a cop or a plumber than a poet. Honest. I did not want to be different. Poetry was my compensatory act. I could scribble things in a notebook, and no one could destroy that aspect of myself. But I don’t believe in “blessings” in disguise. I don’t believe that all that doesn’t kill me, strengthens me. I believe I was murdered emotionally. I believed that an already severe sadness was aggravated by being taunted relentlessly. This kid who was outed without his permission, who was exposed for the “entertainment” value of the reality TV culture is not merely an instance of gay bashing. He is a test of our failure not to torture. He is a victim of our pro-exposure, lack of empathy, sociopathic contempt for privacy or kindness. I keep his picture on my desk. I look at him every day. No one knows if he would have identified himself as gay or straight or bi. Maybe this kid was just trying to find some love. Maybe he didn’t have a set identity yet. It was his right to identify himself, and this right was taken away from him by a bunch of kids who were no crueler (or kinder) than the one hundred good Catholic boys and girls who sang to the Mickey Mouse club song:
And on and on. I was spit at, hit on the back of the head. I developed a facial tick. I became broken, and the more broken I was, the more they increased their taunting until, finally, out of boredom, they stopped. By that time, my mother had died. It was senior year of high school. They were stupid teenagers. The teachers were not stupid teenagers. I would have loved if even one teacher took my side, took time to look into my eyes and see the hurt—had done anything more than uphold the diabolical norm. No one, not one of them got involved.
We cannot use law to fix our cowardice or our own lack of compassion. It will take more than trying those morons who outed this kid for hate crimes. It will take people who have some power to be on the side of the bleeding chickens for a change, instead of standing on the sidelines, while the so called “nice” and “normal” and “popular” kids peck them to death. Law is reductionist. The human heart expands when it is allowed to deal with life in its full complexity. Law simplifies by applying specific penalties to specific actions. Law can only provide the punitive. It cannot heal the heart.
In this week of coming out, perhaps we should put ourselves on trial. Perhaps we should search our own tendency to denigrate, to mock, to deride, to disdain. Maybe, instead of using those idiot kids from Rutgers as an example, we should look into our own past. That poor child was a talented violinist. He was probably taunted and teased more often than we’ll ever know. He is on my conscience every day for the rest of my life, and if I ever see a person scorned or mocked—gay or straight—and do nothing, take the side of the persecutors, then I will be a party to his death.
I try to make an example of acceptance in my classrooms, of being open to difference. I often fail. It is not enough to point my finger at those who hate. I have to keep trying harder not to be that way myself. I pray for that boy’s tormentors. They are dead too, in so many ways—spiritually dead. I hope with all my heart they can be brought to truly feel remorse for the pain they caused. I hope I can do the same.
Whatever people might say in the world about Newark is wrong. Newark, like Queens and Jersey City, is ethnic, race, and class diverse beyond anywhere else I know on the planet, with a wider variety of socio-economic classes freely intermingling, especially among its artists. This latter fact cheers me. As a working class white guy from Elizabeth, I often feel uncomfortable on art scenes. The food is in the not-much-spice, brown rice, wok, pita wrap, veggie, hummus spectrum where I do not flourish. Food is not made important among the white artistic class, no matter how much they insist they know about food. It all tastes too bland to me. I know they are right. I know their food is healthier and allows them to be thin and to have smaller, more shapely asses, but it makes me sad. It makes me think of psychotic men and women milling about with a passable knowledge of Jean Genet, and thinking they are feasting when they are in the middle of a famine. My girlfriend had the brown rice chicken stir fry for lunch—very healthy, but very bland: no real oil, no spice.
I had two truck dogs from a cart: one with mustard and kraut, and the other with red onions in sauce plus a grape soda for five bucks. In Newark, they fit the dog to the roll, and since the roll is steamed, it’s a wonderful press fit, and things do not fall on your shirt. Years ago, back when I was a student at Rutgers Newark, I could get this same lunch for about a dollar and thirty cents (Hot dog cost 50 cents in 1978), but five bucks ain’t bad, and I gladly skipped the free lunch provided to me as a Dodge Poet (they didn’t have grape soda, and I have always believed that truck dogs should be washed down with grape soda. They also didn’t have truck dogs). By the way, Newark is filled with great Spanish and Southern soul food restaurants—if you know where to look. It also has some of the best fish joints—fried hard or any way you like it— this side of the south.
NJPAC eats like a neighborhood. I have never known an art organization that was so generous (to my working class way of thinking) with the grub. At the dinner provided for poets, I had the best catfish I’ve ever ate, with an amazing breading: firm, cooked just right, as well as roast beef, two kinds of chicken, and greens cooked in what I call pot liquor. Pot liquor is the liquid you get with collards, and spinach, and any green when you are trying to make it stretch. It gives greens their glory. It is a beautiful thing, and I have never seen it at any other art venue. And yes, there was the pita, carrot, healthy stuff, too—if you wanted it. My point is generosity and going overboard. There was too much food, and most of it was politically incorrect, and with it, my tears of gratitude overflowed. I was greatly moved by dinner, and I am not easily moved.
So what does any of this have to do with poetry? A lot. People getting nostalgic for Waterloo village where the festival—with one exception—has been held every two years since 1986, are crazy. I wasn’t blasted by overheard and unwanted poetry while I walked around. I wasn’t caked with mud. I wasn’t made to feel that I was lost amid a bunch of poetry addicts and I learned something: Newark, like Manhattan, is a historic lasagna, with this Baptist church (Michael Peddie Baptist) as ornate with its stained glass windows, and as beautiful with its wood carvings and marble altar as any cathedral I have seen it is right near the welfare and YMCA, and this seems right to me. Americans should not be allowed to cloister their goodies away from the poor. I was told the pipe organ cannot be renovated. A shame, since it is a mechanical wonder.
The church doesn’t look like much from outside, but when you enter it, Oh my God! And not one, but two grand pianos in perfect tune! The one I played was a 150 year old Steinway—with an amazingly delicate upper range, perfect bel canto bass, and not much volume. It was an intimate Steinway, made specifically for just such a classy church. Michael Peddie Baptist is a must see if you are in Newark. I was there to introduce the young poet Michael Cirrillo. I got there early and they let me play the Steinway. Michael asked me to play behind his first poem. The students and teachers who had gathered early (it was so jammed, they had to fill the choir loft with kids), appreciated the music, and they loved Michael. Not bad…
But nothing, at least for me, compared to hearing Marie Ponsot talk about poetry in this church. She is old. Due to a recent stroke, she speaks slowly, carefully, with long pauses. She does not try to entertain the kids, or “relate” to them. She does not speak down to anyone. She is what we would call in my old neighborhood a “true dame” (It means dignified. It means intelligent. It means singular, and lofty without malice). I sat in the back in the church, to get away from the crowds (I never consult the events schedule) and was enchanted by her slow, lilting cadence. She made me shy. I know I am in the presence of something good when I am made shy. She was just like the intimate Steinway ten feet away from where she sat. On Friday, in the year of our Lord, 2010, at this huge festival where poets are supposed to “wow” the crowds, Marie Ponsot was an intimate Steinway—a small, reflective Schumann rather than a pounding virtuoso Liszt, and this is what I like best about the Dodge festival— not the big readings (I skip ‘em), not the crowds (makes me feel like Christmas at the friggin’ mall), but this intimacy, this smell of old wood, and the voice of an old woman speaking on what she loves and what she knows. The fact that it was a couple giant steps form the YMCA made it better. Beautiful things seen in their incongruity are magnified. Beautiful things seen where everything is made to look pretty become the lies of snobs.
On the way back to my car, my girlfriend and I ran into Amiri Baraka, walking over, passed Military park, to read in the big event. It was almost dark. It was just him, no entourage. He said: “Where you been? I haven’t seen you around in while.” I told him I was working up at Binghamton, and he handed me an invite to an after-reading reading and jam. Baraka was going to show off the city he loves, and have the kind of poetry reading you can’t get in the official way. The late evening dusk was almost liquid. I took the flyers he gave me: four different bars in Newark, and each with great things happening. I found out Kamiko’s Blues people is no longer going on. He still lives on Clinton Street. It was beautiful night. I was tired, and my girlfriend was tired. If I had the strength to go, I would have—but poetry is not an event for me. I know this part of the earth—this urban dusk. It is where I lived all my life. It was good to see him to see him here, or anywhere on the earth. I went back to my hotel and fell asleep. It’s nice to be asked to parties. Going to them is another matter. Marie Ponsot was still on my mind. I wanted to rest next to that Steinway. I wanted to play it all night.
There is an inwardness so vast, so total, that it has a true integrity—not the pretentiousness of artistic temper, not the vanity of professional mysticism, not the neurosis of social anxiety disorder, but a forthrightness, an honorable, hourly withdrawal from the world that seems, for lack of a better word—ecstatic. Emily Dickinson’s passes this test fro me so that, beyond her artistic temper, and beyond her neurotic social anxiety, and beyond her “Bride of calvary” routine, her retreat seems legitimate, necessary, vital. It shames me. It makes me want to be a better man, though not enough to change my life.
Dickinson’s gate keepers make me vomit. Her worshipers make me want to kick them in the shins. Her poems have the same effect upon me as the transports of saints. Before them I want to droop my head, and surrender like the unicorn, and let the little tough guys from the middle ages sink their spears into me. I sense the true virgin—not the prude, not the sexless, shrill old maid of 19th century households (though she wears those uniforms), but the true virgin—intense, blessed with a mystical and erotic chastity.
Poem 258 by Emily Dickinson stirs this sense in me, but not as an isolated particular. I do not read poems in isolation. They leap their borders, and commune with other acts of language, with other slants of light. My favorite poems do not exist as singular deeds.. This is not my absolute favorite by Emily, but it comes close (My favorite begins “I dreaded that first robin so”). 258 is one of her more canonical poems, and Harold Bloom has explicated it well. I do not compete with Harold, but I am taking it from a different angle.
Poem 258
There’s a certain slant of light,
Winter afternoons—
that oppresses, like the heft
of Cathedral tunes—
Heavenly hurt, it gives us—
We can find no scar,
But internal difference,
Where the meanings, are—
None may teach it—any—
“tis the Seal Despair—
An Imperial affliction,
Sent us of the air—
When it comes, the landscape listens—
Shadows—hold their breath—
When it goes, “tis like the Distance
On the look of Death—
When I first read this poem, I was fifteen, and reading Saint Theresa of Avila’s account of her vision:
I saw an angel close by me, on my left side in bodily form. This I am not accustomed to see unless very rarely. Though I have visions of angels frequently, yet I see them only by an intellectual vision, such as I have spoken of before. It was our Lord’s will that in this vision I should see the angel in this wise. He was not large, but small of stature, and most beautiful – his face burning, as if he were one of the highest angels, who seem to be all of fire: they must be those whom we call Cherubim…I saw in his hand a long spear of gold, and at the iron’s point there seemed to be a little fire. He appeared to me to be thrusting it at times into my heart and to pierce my very entrails; when he drew it out, he seemed to draw them out also and to leave me all on fire with a great love of God. The pain was so great that it made me moan; and yet so surpassing was the sweetness of this excessive pain that I could not wish to be rid of it. The soul is satisfied now with nothing less than God. The pain is not bodily, but spiritual; though the body has its share in it, even a large one. It is a caressing of love so sweet which now takes place between the soul and God, that I pray God of his goodness to make him experience it who may think that I am lying.
The imagery in Dickinson’s poem seemed familiar to me— the certain slant of light I had experienced in countless works of art from the high masters. A “certain slant of light” does not have to be the product of knowing the New England Winter. It can as readily come from having read deeply and looked at reproductions of the Florentine Masters (especially when one considers how much Emily loved the Brownings, and their Roman retreat, and that her father’s amazing library no doubt contained such picture books). Her comparing this slant to the heft of cathedral tunes, making this light as heavy as the bar of a cross, and creating one of the most wonderful examples of synesthesia in American poetry… well, I took all that for granted.
Being a Catholic, it did not seem complex or baffling to me—but wonderfully accurate. Light when it is slanted is always certain, and seems to have mass—like a board of wood, and, given the imperial despair in the later part of the poem, and given my own inundation in both the mystical and erotic agony of the Catholic Church, I had no trouble with this. I found it remarkable because it seemed so precise—as true and as ordinary as Theresa seeing angels, and yet it was coming from a woman in the heart of the Puritan tradition— a tradition that did its best to tame all such erotic/mystical transports. I remember sitting there and thinking: “Wow, I love this poem. She must have read Theresa of Avila, too.”
This sort of reading is heretical, as heretical as Emily. The mind selects its own anthology, paring off poets who no self respecting scholar would place in the same room, but I think it not an unlikely pairing. Both Theresa and Emily were practical women. Though Emily reduced her world to her house, she was convivial, even wickedly funny within its protective borders, and St. Theresa had just as wicked and satirical a sense of humor as she rode about Spain, founding convents and reforming the church. Both had the gift of mystics: to normalize the extraordinary, and to make extraordinary the common, the lowly:
“heavenly hurt it gives us—
we can find no scar,”
“the pain is not bodily but spiritual”
“None may teach it—any
’tis the Seal despair—
An imperial affliction,
Sent us of the air”
“The pain was so great that it made me moan; and yet so surpassing was the sweetness of this excessive pain that I could not wish to be rid of it.”
The imperial seal of despair, Dickinson’s whole take on despair is not far removed from St. John’s Dark night of the Soul, or Theresa’s sense of a pain so excessive yet more desirable than any earthly pleasure. Mystics slaughter the dialectical oppositions by investing the “value” of one extreme of the dialectic with the qualities of the other. Despair is, in Emily’s mystical realm, a sort of ultimate triumph. The first is last and the last first, not to reverse priority, but to re-invest the dialectical oppositions with their original spiritual freshness and force.
We should not be surprised by the eroticism of Dickinson or Theresa, and just as I know my imposition of my Catholic upbringing upon this poem is not one of scholarly argument, but of a chance leap in my mind between these great woman figures, so, too, the imposition of contemporary ideas of sexuality, Emily’s lesbianism, is a limited reading of her work. To look for evidence of her sexuality is like 19th-century scholars looking for historic proof of Jesus. It somewhat misses the mark. Emily’s eroticism, and much of it could be interpreted as towards the female, is ordinary and even defining as part of the mystical tradition. Her love of Keats would make her prone to such mystical oxymorons. In such a realm, the pure music becomes the spiritual ditties of no tone. In Dickinson, chastity, virginity becomes the purest form of eroticism. It makes sense within the verbal construct of mystical oxymoron. In this realm, it is most divine horse sense.
I am not through with this poem. In a 2nd post I hope to write, I’ll remember how I came to know that Elizabeth Barrett Browning (more so than even Robert) was of great importance to Emily, as was Keats, and that the famous couple’s abiding interest in the Franciscan heretics of the mystical persuasion may have had as much to do with her refusal to officially surrender to faith as any other reason proffered.
My overall point is that the leaps and landscapes we enter through reading are every bit as real as actual locales and travels.
Poem In Which Spring Returns (or French peasants who are really from Cobble Hill)Melissa Sheppard
Spring comes
or maybe it doesn’t,
or I come—a sort of spring,
painful shoots sticking out of the ground—
a woman of shoots, and each one painful.
This is the tulip song I sing to my daughter.
I say daughter: tulips must break soil.
Twiggy stuff pokes the ground
from below, while
sun spikes the ground from above:
it’s all a spiky operation—
just as you drew in your first grade class!
A world of piercings!
things piercing and being pierced—
that is as good a theory as any other—
out of being: a sort of ongoing power point demonstration:
Poke the pertinent facts! Say: grass! tree! Woman bending over
in imitation of a peasant in France.
She is not in France. She is in Cobble Hill.
She is not a peasant. She is a lobbyist
for a multi media corporation:
And this is her husband Swen who makes
metal sculptures for the lawns of major rock stars.
And this is her time off, when she
imitates a peasant and admires her husband’s
art installations:
This, too, is an installation.
We will add yoga and a vegan diet.
We will call it a life style.
It is a tulip that has thrust its spear of green
up through the body of earth: someone will say
phallic and dismiss it. I never think of a penis when I
think of Tulips. But suppose it was a penis balancing
a tea cup, and the wind spilled the tea all over this page,
and we were stained by longing, and went forth into the garden
to learn how to be more at home with nature, or to
calm down after a busy week of being successful?
Ah, I think I’ve come to the point of my argument!
After being successful, we return to the earth,
or the earth returns to us, or something returns.
I like the idea that something returns.
I think its a good idea.
What is Sheppard doing here? First, I think she is taking some of the goodies of Dadaism and absurdity, and comic shtick, and being playful. Second I think she is affirming the very cliché ideas she tweaks, something comedy does. It affirms by tweaking; it doesn’t just destroy or mock. Comic perspective takes our sacred categories and dismantles them for the sake of making us have a perspective by incongruity. In this case, the poet implies “being”, as a power point demonstration. I like her sense of play. There is even a little nod to E.E Cummings in these proceedings—of what I call speculative verse. I define speculative verse as follows: verse in which the poet conjectures, improvises, steps out of the usual structures and categories of logical priority not to destroy meaning, or artistic effect, or artistry, but, rather to relieve the system of some pressure, to let off steam, to return to a sense of play. This conjectural, playful verse is an evolution from the conversational poems of Wordsworth, the sort of poem that has dominated the last couple centuries: subjective consciousness on the page, looking at, or experiencing something outside the self yet in reference to the self, while , at the same time, allowing consciousness to roam. The common denominator between poets as diverse as those in language poetry and those writing normative free verse in which emotion and subjective consciousness hold sway is this sense of the improvised. It is rarely if ever truly improvised.
Part of the 20th century revolution in poetry was an interest in parody, pastiche, send ups, cut ups, a constant recapitulation of tired tropes in such a way as to reinvigorate them, and this poem is no exception. If I had to put Melissa’s poem in a poetry camp, it would be with those who have learned to use the modes of Dada, the surreal, the ditzy, the childish, the incongruous, the comic, the speculative, without abandoning hope of emotional effect or depth. If we look at poetry aesthetics as tools rather than as truths, then everything becomes available to us—all the thousands of years of utterance. Sheppard says part of this poem’s inspiration comes from the great ditzy yet pointed ramblings of thirties screw ball actresses like Carole Lombard, the stream of consciousness ramblings of Gracie Allen—as much from them as from French Dadaists. She is a conscious artist. When she begins “Spring comes,” she is not unaware of Chaucer but she quickly adds instability to that notion by having the voice of the poem make a corrective: “Or maybe it doesn’t.” She says she moves through the poem in a speculative way. The daughter offers a foil to the traditional parent/child routine. She sees the poem as an incongruous melding of disparate “routines” that lead to an ancient idea of Spring as return, but which make that idea unstable. Return means death as well as new life. Spring hurts—it pokes through structures. It intrudes. Sheppard also plays with identity: the pastoral peasant who is really a lobbyist for a multi media corporation, the idea that a child’s drawing of a spiky sun and spiky shoots is a truly accurate depiction of how things are interpenetrative—piercing and being pierced. The “this is” trope conveys the “being” as a power point demonstration. A lot is happening in this poem, and it moves, flits about, but has an overall tone of someone being wise by pretending to be witless—the Socratic “towards” rather than “at” wisdom.
Here’s an excerpt of a poem by Rosanna Warren, very different, but also using a “towards” rather than “at” wisdom/technique—in this case, a series of seemingly random questions. The poem is called “A Questionnaire for Bernard Chaet”:
Can a scar emit light?
Can objects slide off the curved surface of earth?
And later in the poem:
Can a sword of sunlight crack rocks?
Have we lost the sky, looking down?
Were we ever safe here?
Warren’s seemingly random and even childish or absurd questions create a cumulative effect anything else but childish. So here’s the challenge:
1. Write a Poem like Melissa Sheppard in which you flit from one thing to the other, yet, somehow, create an overall implication of a meaning, a mood, a tone.
2. Write a poem like Warren’s in which the seeming randomness of questions adds up to a serious theme, or implication (In Warren’s case—the instability of everything).
Good luck.
Home work: YouTube Gracie Allen and Carole Lombard. Listen to what they do to language. Read the last section of Job with God’s questions. Did Warren have these in mind? How do they differ? How are they the same?
Poets are limited if they read nothing but their own poetry and spend the rest of their time reading novels or thrillers. Most of my beginning students have never purchased a book of poems. They wish to write poetry, but they do not wish to read it. They read fantasy fiction mostly. So the first thing I do is give them books, a couple hundred or so, none of which are fantasy, and then I tell them to send me an e mail, quote an excerpt from the book, and riff off of it. I then riff back, and, very often, my prompt for them arises from the e-mail they’ve written or the excerpt they’ve quoted. This accomplishes five goals:
1. They are now in a relationship to a book, adding a sort of ongoing marginalia to it.
2. Their reading life and their writing life are being connected, in however arbitrary a way (in point of fact, the more arbitrary the better).
3. I am revitalizing the epistolary tradition and taking e-mail out of its fearful function as a less-easy-than-text form of sending sound bytes of information.
4. I am making myself respond to a student in a class of 20 as if it were an independent study, keeping myself sharp, and, very often, I write poems back or discover a new way into a text. So it is a great way to help me remain an artist as well as a teacher.
5. I am defeating snobbery. I am treating the student as a peer who is entering into a relationship with me in terms of the text.
I do not trust tabula rasa learning, but students have often known little else. Many tend to resist any process they are not familiar with. No one is more conservative than a student, and I have found graduate students to be the worst of all in this respect, because they are already turning into teachers, and, I’m sorry, but people attracted to teaching tend to like structure way too much. I also do not trust the current fad for group learning since I believe it does not promote relational give and take but further distances the students from his or her own mind by fitting his or her personality to a group dynamic that may not do anything except allow that student to be the same old introvert/extrovert, follower/director he or she has always been. It is further proof of Durkheim’s contention that the main purpose of education is to make students “conform to a norm.”
To me, all group learning is dangerously close to corporatism. I am not against group dynamics, but I find that they reward certain students unfairly, and punish others who may be talented, but who lack certain social skills. A group dynamic is a given. Four of the 20 students are going to be doing sixty percent of their class participation and there will be a group dynamic whether you want one or not. When you put them in groups, someone will assert his or her authority, and someone will feel like a pariah, and someone will be the chief minion of the assertive group member and form this weird, almost erotic worship thing I hate to see happen. They’ll act like a couple. I have no time for couples in my class. In short, typical ape behavior 101.
I want to create an oasis for students who have never been on the good side of any power structure, and I want to create a challenge for those who use groups to maintain their power or sense of comfort. Some group dynamics just work and others, no matter how good the prompts or how inspiring the teacher, fall flat. I prefer not to let my class ride on “group dynamics.” Here’s the truth: some students will hide. Others will want to draw attention to themselves. Still others will be contrary because they like being contrary. A lot of energy is wasted and for what? So we can find out what we already know? So and so is anti-social, and this one never shuts up, and that one needs everything to be structured to the nth-degree. Well I think we have gone too far in this direction, so I create an air of informality in my class. But I’ll be damned if I preside over three or four groups that are everything I despise about human primate behavior. You might say I am against the present love of groups. Fuck the Borg. Anyway, I digress….
Suffice it to say, I don’t use a common text book. I give each student a book of poems—at random. They write in to me two or three times a week, quoting a poem or excerpt, telling me what they liked, hated, or learned from the poem. Very often I have never read the book I gave them or have only read a few poems from it—so I am likely to be responding, not from knowledge of the book, but from past experience of poetry which allows me to make leaps between texts, to suggest other poets in the same style, to come at the material in a fresh, conversational way. I am not the expert teacher here, but the experienced learner, the one who has a love for poetry and gets excited by weird things like grammatical ambiguity, or how the poet used the weather to suggest a mood. A student might give me an excerpt in which a poet is brooding and the landscape is brooding with him. I call this pastoral narcissism. I send them Thomas Hardy’s “To A Darkling Thrush.” I gush about my love for this poem. I ask a question: Did you ever get annoyed at a beautiful day because you were in a horrible mood, sad and depressed, and the sun light, the happy faces of couples strolling through a park, the blue of the sky seemed to mock your mood? I ask, how hard is it to make a beautiful sunny day the back drop for a despairing consciousness? Can it be pulled off?
So they are each reading an actual book of poems—almost always by contemporary poets—and, meanwhile, I am bringing in poems. I might use Whitman’s “When Lilacs Last by the Dooryard Bloomed” as a way to talk about how to create image patterns in a longer poem. Whitman keeps bringing back the lilacs, the mockingbird, and the drooping star in the west, and he exploits every possibility of these three figures—symbolic, metaphorical, concrete—the way composers might use motifs in a sonata. I may bring in a sonata by Beethoven and show how recapitulation is used in longer works.
This is in a work shop! Yes, I hate, hate going around and around commenting on student’s poems. I have features instead, and I do not give the class the work ahead of time. I want them to be responsive in the here and now. I give half the class a written copy of the poem, and the other half listens. You can catch things about rhythm and overall mood from listening much better than having only the physical poem before you. You can also catch things by having the text you can’t get from merely listening. I want both.
Very often, if a student likes a poem, he or she will ask the writer for a copy. This is high praise indeed, and builds artistic affinity based on something other than forced group dynamics. I will sometimes have a copy of the poem before me, and sometimes, I, too, will be only listening. I will have the student read the poem once through. Then on a second read, I will stop him or her at certain points, make a comment, then let the reader continue. If the student is a poor reader of his or her work, I will read it aloud a third time. You’d be amazed what a student learns about his or her own poem by hearing it read by someone else, by actually hearing their poems come back at them. I will tell them to write down the spoken comments on their text. As for the written comments in class, these are handed in to the student at the end of class. I tell the class to listen to how I edit a poem, because it may relate to their work as well. Every student will have two or three features before the semester is over which amounts to the same thing as a normal work shop. In the meantime, they will have read a book of poems all the way through, lived with it intimately, learned something about their own aesthetics, and the amount of writing they will have done—both poetry and prose—will be four or five times the usual amount for a class.
These are the goals I have for a beginning poet.
1. To find out if they truly like poetry, or only write it to “express” themselves.
2. Find out what their aesthetics are, the limits of their aesthetics, and how these may be expanded.
3. Learn to be responsive to language both as written and performed text.
4. Gain exposure to major poems without having to take a lecture class.
5. Have a learning experience with their own minds and with the teacher far more concentrated than is usually possible in a class that consists of lecture, papers, exam.
6. Learn to write daily, rather than waiting for the last minute. This means they are not feeling they are doing a lot of work, but are, in fact, doing far more—minus bibliography, and all that formal stuff.
A writing work shop should also return literature to the study of the text as art since so many literary courses now use the text as pretext for theories on gender, identity, and so forth. Unlike Bloom, I have no problem with that, but once in a while, it is nice to look at the artistry. My job is to teach the students to read like writers: What can I take from this poem? How can I surpass what this writer is doing?
My most mundane goal: that they will know more about poetry than they did when they entered the class, and, just as importantly, that they will have learned something about themselves as conscious artists.
My dad gave me some hard line rules to live by: never cross a picket line. Be good to old ladies. Know that any job, no matter how prestigious, is just a job. And when all else fails, never cross a picket line or rat someone out.
These are some hard line rules for readers of poetry:
1. If you are reading in an open, do not, not ever, not on pain of death read more than your time allotted. It smacks of conceit and disregard for others. It’s garbage. There are very few people I want to shoot, but I would shoot a conceited poet and not have trouble sleeping. Dealing with assholes is part of a host’s job. Don’t make them work any harder.
2. If you are a feature, don’t ever complain about whether you are first or last. If you are that good and they put you first, you will make the host look stupid for putting you in the opening act position, and, if you are not that good, you belong first and should do the best you can to read well– and not overly long.
3. Never, never read more than the time given you as a feature. You want people clapping because they like your poems, not because you got off the stage.
4. Don’t bug the host, and play the difficult artist. If an artist is difficult, I expect her or him to be a genius. Only a genius could make me want to put up with that dog shit artistic temperament. Now-a-days, everyone has artistic temperament. Accountants have artistic temperament; it is boring. You may as well wear a black beret on your head, and snap your fingers to an Edith Piaf song while talking about Sartre. It’ out Herods Herod. Pray you avoid it.
5. Never leave after you have read as the feature and avoid the open. If you need to go somewhere, stay for a couple poems. Tell the whole audience you are sorry you can’t stay longer. Make a gesture. They had to put up with you. For many of them it was an ordeal. Show some sense of gratitude.
6. Never, never say: three more poems, or six more poems, or any number. Someone in the audience is thinking, ” Oh my God, six more? This is torture.” Just read and when you have come to your last poem, say thank you.
7. Section poems are only good if they are really sections. I hate when poets get up there and I know they have written a poem in sections only because they like the power of counting off sections. Drives me up a wall. I know you can count to ten. Don’t.
8. Do not ever ask an author to trade books with you unless you and she or he are truly broke. Wait for him or her to ask. Poets are never so poor. I know this because I have drink and smoke with them on occasion. They have money.They are being cheap. Poets who are cheap usually over read and think very highly of themselves. You should not suffer them to live much less trade books with you.
9. Listen to newcomers in an open. If they have a few good lines, try to remember them, and go up to them after the reading and tell them. It will make them feel welcomed. A reading is a communal event.
10. If a host makes a mike available to you, do not act as if he or she has handed you a snake. If you don’t want a mike, tell him before the gig. And don’t think the audience should listen harder if you have no projection. Stop the control games. Make sure everyone can hear you, or take the mike. It won’t kill you.
11. If you are a teacher, set an example by being self effacing and not over reading. Again, this is a control issue and gives students the wrong message.
12. Do not co-opt a reader and keep him or her from others who may wish to have face time. That’s tacky.
I don’t feel bad when poets are forgotten. We are highly forgettable beings. Very often, the children of poets try to forget them and fail. Poets can be pains in the ass. I once dreamed that poets became discarded shoes without a match when they died—the kind of shoes you often encounter while walking down a street or by the rail road tracks. Sometimes, these shoes are still in good shape, and are your size, but they are always missing their partner. Oh Alas! If we lived in a world where it was ok to wear unmatched shoes, I might value poets more.
But, putting this aside, discarding it like a three inch “fuck me” pump, I will say that I get very sad when good poems are forgotten. And so, I want to remember a good poem by a poet who was once prominent, and who is now seldom on the lips of graduate students (unless they think their professor will be impressed): Michael Benedikt.
Michael Bendikt, like many prominent second generation New York School poets, was involved in the visual arts. He was a true New Yorker, and spent the last few years of his life fighting eviction, and never leaving his apartment for fear they’d put a padlock on it. He also had advanced emphysema, which often puts a permanent damper on a man who inhabits a city where people walk everywhere.
His companion for the last 20 years of his life was Laura Boss, the editor of Lips magazine. Laura was good to Michael, and that’s an understatement. If Laura was a country song, she’d be “stand by your man.” It is not easy to stand by an agoraphobic poet in an epic eviction proceeding. As I said, poets are unmatched shoes.
I met him once. Laura runs a reading series out of a Barnes and Noble in New Jersey. I could not believe love could get a true second generation New York poet who had been widely anthologized and published by Wesleyen to come out to a Barnes and Noble in Jersey, but love has some strange powers. There he was, like a rare European bird blown off his migration route by a fierce ocean storm and perching on the neighbor’s satellite dish. He had a nice head of hair (I always notice hair). He was one of the first contemporary poets I read. I read him in the anthology Young Poets of 1965. This was September of 1995. This meant the young poets of 1965, of whom the youngest was Louise Gluck, were now in their fifties and sixties, and so it looked to me as if he were dressing up as an old person when, in fact, he was an old person. He was a nice looking man, and well mannered—not at all full of himself. He even sat through the open reading. Apparently, he was listening because he approached me and said: “I really like the way the way you make hyperbolic structures and then poke pins in them.” I did what you should never do. I asked him to sign his book, Sky, which I had purchased at a used book store for fifty cents (It had cost two dollars when it was first published). I explained that I hardly ever buy the books of single poets, and prefer anthologies, but had felt compelled to get his book when I read him in Young Poets of 1965. I larded on the compliments, hoping he would fail to notice that I was not buying his most current book (I had only six dollars and twelve cents in my wallet—not much wiggle room). He was gracious, and signed it: “With best wishes to Joe Weil, a really interesting, and skillfully droll poet.” Here is a poem I enjoy from that book called, “Go Away:”
Go away, go away, and as soon as you come back
Be something better.
For example a shell– one that has lain for days on the edge of a
beach, overturned and sparkling, light captured on an edge,
An oak-leaf-like cluster of sunlight that filters through elm
branches,
An earring bobbing like a float at high tide, against the neck of
somebody very sweet,
A weather beaten, moth eaten coverlet,
Or the arrows on the arm of a diving suit or a space suit
indicating
where to thrust through the arms.
Think: in reference to the mainstream of human desires and
wishes
What would you know now, if you briefly waved goodbye to the
world?
Go away, go away Michael Benedikt and come back as something better: for example, one of your poems. Go—and whisper to roses.
I spoke of ontology before, the significance of being that stems from a poem, but there are minor poems, small triumphs of imagery, of rhythm, or beauty that make us think: “Why am I so concerned with truth or significance? Right now, my lover is asleep, and the venetian blinds are leaving their shadow across her face, and I wish I could stay here. Fuck Tolstoy. Fuck King Lear. I want to kiss her nose.”
Well, maybe others just take everything that makes life bearable for granted, or maybe they use this moment to consider how, in sleep, a lover may as well be a tree—that there is a certain terrifying aspect to the lover unconscious and unaware of, well, of me! I’ve had girlfriends wake me up because they were lonely. Sometimes, I don’t mind, especially if we start making out again. But sometimes it annoys me. None of this will win me a Nobel prize. But what I remember about Anna is not the plight of very rich noblewomen in 1870′s Russia; I remember the moment when Count Vronski breaks his horse’s back, or when Oblonski (Steve to his friends) wakes at the beginning from a very pleasant dream (dancing decanters with pretty legs, and opera) to realize he and his wife, Dolly are on the outs because he’s been schtupping the children’s governess.
I remember the details. I also mis-remember them, an equally wonderful thing, since what we mis-remember can be so vivid. I know people who misremember whole relationships, and, once their sour husband is dead, they get weepy eyed over finding an unmatched sock of his tucked away in a drawer. We do not mis-remember concepts or attitudes, or “truths” because they are the rather rickety frame on which we dab the mud of our memories and false impressions, and make for that doomed hut we call consciousness. As a friend of mine says: “caress the details, the divine details.”
The ontology of some poems is as follows: to capture, in however full a way, the precise, oh so precise feel of pussy williow against your neck the last time you saw Vanya, who spun about, and struck the soft spring ground with a stick, and then vanished into her career, her resume, the lie of just the facts which can never, never summon forth the quickened pulse, the despair of knowing you would not see her again and that she probably married some guy who never noticed anything except that he thought he ought to. Poets remind us of the obvious, the glorious obvious that we have forgotten while we were busy “living” our “meaningful” lives.
If you write enough poems that capture such a moment, you will be considered a minor poet, but we should investigate this term minor: rather than meaning less than great, it can mean great in a small, and specific way. Consider this Robert Herrick gem:
Feign would I kiss my Julia’s dainty leg
which is as white and hairless as an egg.”
In our humorless, and supposedly explicit (though not at all erotic) culture, we have lost the gift perhaps of appreciating such exquisite, and mincing desires.
I am worried. I am worried that people are out there having sex and never noticing what a leg feels like against their leg. What kind of world is that? Minor my ass. That’s the whole of the sky! It’s as important as believing in God, since God is in the details—not the maxims.
This brings me to truck out one of my old time favorite “minor” poems, “The Base Stealer” by Robert Francis. Besides the five senses, there is also kinetic imagery—those combinations of words that create a certain sense of movement in a poem, that describe movement. Rilke has a great kinetic image in his poem about the gazelle (Look it up on line. It’s there, and if you can tell me what that kinetic image is, I’ll give you ten extra credit points). Francis is the greatest minor poet America produced. Donald Justice comes close, and May Swenson gives both a run for their money. And Robert Haydn ain’t no slouch, either, (Those Winter Sundays may be the best sonnet written by An American poet in the 20th century). But, poem for poem, you don’t get more perfect than Francis. His work makes me so ashamed of everything I’ve ever written. This is the best depiction of a man stealing a base ever. It is also the best use of kinetic imagery I know, And look what he does with the word, delicate, in the last line!
Francis uses gerunds (ings) properly—to create suspense, to create tension. The word delicate has a certain bounce to it—a perfect sense of bounce. It sounds like its meaning: ready to burst or break. “Come on, come on” in line five gives a sense that anticipating the runner’s break for second is becoming sheer torture. You don’t have to like or even know baseball to appreciate this. If you have never seen a ball player get ready to steal, or threaten to steal, watch a video on YouTube, and you will see the triumph of kinetic accuracy this poem happens to be. And notice how he uses his T sounds! The hard T sound appears in almost every line, sometimes as the initial sound of the word (taut, tightrope, tip toe, teeters, tingles, teases, taunts) and also in medial or terminal positions (between, taut, pointing, opposites, scattering, steps, skitters, ecstatic, delicate). It’s an essay on how to use -ings, and how to thread a sound through a poem for maximum effect. It’s a minor masterpiece, and I do not use minor in a demeaning way. Literary theorists use literature as an excuse for ontological truths (or gender, or sexual, or identity issues). This is a legitimate way to ransack texts, but it will not teach you how to write. Ontology begins with detail selection—in terms of word choice, verbal relationships, rhythm. A theorist wouldn’t know what to do with this poem, unless the theorist started to write a book on kinetics in terms of verbal constructs and the cultural bias of admiring athletes as per one’s gender, or class. Minor may only mean a theorist can’t find much to theorize about. Now Herricks little couplet could be an example of the “objectification” of a woman’s body parts. But suppose we get rid of all appreciation of the body in poems… have we not turned a human being into an “idea” then—a political or theoretical entity. I don’t know. But our culture is terrified of details. All governments and religions are terrified of details, especially when they temporarily re-route or short circuit “general” ideas. Power depends on symbols we don’t really think about—on orienting us towards the automatic. There is no more revolutionary act in poetry than to see or depict something from a fresh point of view, to liberate it from the graveyard of received ideas. “Make it new,” said the early modernists. I would qualify that statement to read: “make it obvious, and better still, makes us startled by the obvious.”
Harvey Pekar did the introduction to my first Iniquity press/Vendetta chapbook, A Portable Winter, back in 1999. Dave Roskos, perhaps the only true publisher and editor I know in the old sense (one hundred percent care about the underground and off the fringe poets, and zero percent bullshit) asked him to do it, and he read some of my stuff, called me up, asked me some questions, and did the intro. I spent an hour on the phone with him, finding out in that time that his wife occasionally hit him, he was getting up at ungodly hours to take his kid to various sports events, and he had cancer. A couple years later, he’d beaten that round of cancer and things were looking up. Harvey liked to kvetch. He was a great kvetcher. I like to kvetch, too. We got along.
The article about his death mentioned he was a champion depicter of the middle class Guy. That was a little off. Harvey was a prol. They should change that to working class. Harvey did ok for himself the last 25 or so years of his life, and is a hero to a large cult following for his American Splendor comics, but he was a clerk in a veteran’s hospital (his real job) for many years, a guy from Cleveland who didn’t have the house in the burbs, who knew the same kind of people I did: working stiffs, and under ground artists who were a thousand years removed from Manhattan, record nuts, guys who worked shit jobs for shit pay but who could tell you every tune on an obscure Mingus album or who could wax brilliant on Jasper Johns or Dave Roskos has published chap books on Harvey’s other interests beyond making comics: jazz, especially the under ground jazz of now well known players like Albert Ayler, and literary movements such as Russian futurism. Harvey also wrote the best, most lucid, most concise book on the history of stream of consciousness I have ever read. What he knew he knew in depth, and without any blather.
If you need to teach a course on post bop jazz, or Russian futurism, or stream of consciousness, get these chap books from Iniquity press/Vendetta books at PO Box 54, Manasquan, NJ. You can Google the web site. Believe me, I enjoyed them. They aren’t just instructive; unbelievably, for small chap books, they are comprehensive–truly well documented historical surveys. They’re the kind of books I keep around, like Ruth Underhill’s Red Man’s Religion, or Paul Fussel’s books on the English stanzas and the American class system. They are books where the author’s ego is no where to be found, and his interest and knowledge of his subject is everywhere evident.
Anyway, I had discovered Harvey’s work as a kid in Elizabeth via a slight interest in R. Crumb. When I saw Harvey’s stories about working as a clerk, collecting records, waiting in endless check out lines where he always seemed to end up behind the old Jewish lady with a hundred coupons, I was excited. I forgot R. Crumb. Here was a guy with the same ability, in American vernacular prose, to make a drab world come alive–the same ability to make magic from the ordinary that Japanese poets showed in haiku. Harvey gave the urban rust belt, and its daily triumphs and frustrations, a reality, a comic, deadpan glamor.
No fiction writers or poets of that time approached. Long before Seinfeld, Harvey Pekar was doing his own small version of Flaubert’s book about nothing.
I talked to Harvey maybe three or four more times via the phone–always good kvetching sessions (a girl had once more dumped me, his wife was “beating” him, etc). When Harvey wrote the intro to A Portable Winter, he had already appeared several times on the David Letterman show and was a cult favorite. He didn’t have to acknowledge me at all. Unlike academic poets who “make” it, he was far from unreachable, and did not get a big head. He continued to publish in truly under ground formats. The movie made on his life and work, American Splendor gave him some financial independence, but Harvey remained in Cleveland, still kept Dave Roskos publishing his chapbooks, and seemed to remain loyal to his obsessions: comics and record collecting. He wrote of my poems: “Joe’s writing is very easy for me to identify with. Like me, he makes his living working forty hours a week, year after year, and resides in a rust belt community. I’ve seen the images he paints, known the people and culture he writes about. Joe’s Elizabeth, New Jersey seems like my Cleveland.” Harvey’s Cleveland seemed like my Elizabeth: gritty, rusted in spots, but fueled by an older sense of American individuality which belies the present corporate sameness. I always thought I’d go to Cleveland and say hello. I had his number and his address. I knew his wife didn’t really beat him. He said, “Sure. Drop by.” I never did. So it goes.
Is there such a thing as “poetic language?” For example, which of the following words are poetic: Splat, emptiness, selvage, corporatization, loom, sequester, actually, rooster, surmise, demonstrate, fart, interpretation, destiny, tooth, ineluctable, meme, vector, duplicity, comma, consequence, drive, chant, teeter, tumult, fragrant, flounder, forget, suspend? Pick four words of five words from this list you think are most “poetic” and write a four line free verse or rhymed poem, using them.
Example one:
The shadows of trees are a (loom)
On which you (sequester) your fear,
Containing it through the (ineluctable) (chant) of days,
through the weave, and thread of (tumult).
Example two:
(Drive) South on routes 1 and 9,
Forsake (corporatization), and
the rotting (tooth) of conscience..
Oh love, (suspend) your adorations until further notice!
Example three:
The lions (fart) in the sun.
(Fragrant) with longing, I think of them:
Those noble cats, ( teeter) on the heat waves of August,
on the verge of (consequence).
Example four
We (flounder), confused by a (vector) of days,
The (duplicity) of math baffles us—
This equation for happiness, this (interpretation)
No tongue can (demonstrate).
Example five:
What (meme) for despair? (Forget) your body
a (comma) lost in the sentences of night,
Forget how it yearns to a be a semi-colon,
Holding independent but related thoughts together.
Example six:
Remember the (rooster), the bright red (selvage)
of the East—those feathers cropped towards (emptiness).
The light raises its spurs, where blood (splats )
the wounded windows, (actually), the dawn.
We have used all the words in the list in these six examples. Now suppose we put these six four line stanzas together, using certain “connective” tissue. Let’s see what happens:
Actually, The Dawn
The shadows of trees are a loom
on which you sequester your fear,
containing it through the ineluctable chant of days,
through the weave and thread of tumult.
But drive south on routes 1&9,
forsake corporatization and
the rotting tooth of conscience.
Oh love, suspend your adorations until further notice!
For the lions fart in the sun,
And, fragrant with longing, I think of them.
Those noble cats teeter in the heat waves of August,
on the verge of consequence.
Meanwhile, we flounder, confused by a vector of days.
The duplicity of higher math baffles us—
this equation for happiness, this interpretation
no tongue can demonstrate.
What meme for despair? Forget your body,
a comma lost in the sentences of night.
Forget how it yearns to be a semi-colon,
holding independent but related thoughts together.
Remember, instead, the rooster, the bright red selvage
of the East—those feathers cropped towards emptiness.
Recall how light raises its spurs, where blood splats
On the wounded windows–actually, the dawn.
Now I did not know what I was going to do with these words. I chose four or five words each time to put into one of the six stanzas (quatrains to be more exact). “Actually, the dawn” is the most eccentric phrase in my opinion, So I took that as the title/ It can be read a couple of ways. We could think the speaker of the poem is saying this is the actual dawn. Or We could think the speaker of the poem is correcting an un-spoken error of perception, as in: “No, actually, it’s the dawn.” Actually is a hard word to get into a poem without sounding like a know-it-all. At any rate, I trust in certain liberties of poesis:
1. Metaphor and extended metaphor.
2. Invocation (such as “Let there be light!” We call this an imperative sentence, but it invokes, it wills, it demands—one of the oldest devices of poetry).
3. Animation or personification of the inanimate (light raises its spurs, wounded windows).
I could go on, but, here’s a good question: what the good god hell is the speaker saying? What does he mean? Lyrical poetry can be very dense. It can even be “high gibberish” (a form of ecstatic speech that does not yield readily to a standard meaning, but may create a mood, an orver all emotional or intellectual atmosphere). It does not usually explain. It is not prone to giving information in an overt and easy way. Why does it beat around the bush? Get to it! Say what you mean! Many a person has turned away from lyric poetry because it refuses to do the one thing people seem to insist on: get to the point!
This is exactly where modern poetry wanted poesis to go—to the thing, the object, the point. It wanted a vocabulary stripped of poetic “rhetoric” and overtly flowery speech. At the same time, it wanted the main meat of metaphor: the ability to link utterly different things together and make a connection between them—a paradox of sorts in so far as it was a connection of disconnects (What Rimbaud called a “derangement of the sense”). It wanted to get rid of abstraction: “no ideas but in things.” Actually, it didn’t want to get rid of abstractions (ideas, moods) so much as make abstractions covert. Take this famous poem by Ezra Pound:
At The Station of The Metro
The apparition of these faces in the crowd;
Petals on a wet, black bough.
This is considered the most famous example of imagist poetry. Note that Pound does not use the verb “are.” In regular metaphor we’d say: The apparition of these faces in the crowd are petals on a wet, black bough. In simile, we’d say: “The apparition of these faces in the crowd are like petals on a wet black bough. Pound allows the reader to make the connection between these disparate things. We don’t look at crowds standing in a subway station or train station and say: Wow… their faces look like flower petals on a wet black bough!” Note Pound uses a semi-colon, a form of punctuation that holds “independent but related clauses together.” Some readers might stress the independence over the relatedness. They might prefer to keep the apparitions of faces in the crowd, and petals on a wet thick bough separate—they might choose not to relate them. Other readers might go to great pains to see the relatedness: it must be raining because the bough is wet and black. Faces blur from a distance in the rain, and become “ghostly” (apparition). What does a crowd and petals share in common? They imply more than one. If things are blurry because of the rain, and you stand at a distance, you might see a similar effect of clusters—pale points of skin against a dark back round, or pale petals against a wet, black bough. IN either case, by removing the “are” Pound gets maximum juice from both the disparity and the linking of these two different orders. Petals are more traditionally “poetic.” Faces in a crowd at a sub way station are not considered a particularly poetic image, and, at that time, such an image would seem the anti-thesis of poetic. Pound has written an essay in these two lines, a great essay on what energy can be created by linking the traditionally “poetic” to the unpoetic. By doing so, he gives a crowd in a subway station the poetic value of flowers, while he makes the way we look at flower petals new. He empowers the new with the old, and the old with the new. Pound got much of this idea from Japanese and Chinese poems, and so we will look at such poems, which do not use metaphor or simile, but, rather, present one thing with a disparate thing to incite the reader to make a connection.
Try using all the words I listed, but first, make six four line stanzas using them at random (not in order). Good luck.
These are my loose translations of a form in Ireland known as “three things there be.” Long before Saint Patrick came, the Irish thought in threes. They were a triune people, with a Celtic triune God, and they, like most Celts, cast spells, and framed their tales by the magic of threes. I have translated some Triads previously translated by the wonderful Irish poet, Thomas Kinsella. I am arrogant after all. *wink*
One of the things that may irritate a post structuralist reader about Auden is that he delights in “knowing” things-even those things which are ugly and disastrous to know. For example, his greatest praise of old masters: “About suffering, the old masters they were never wrong.” Auden likes being right. He likes being elegant. He likes making a point in as clever a way as possible. He even likes his ambiguity to be gin clear. This annoys readers, especially those who come out of the post modernist wood work to feed on endless non-commitments, non-linearity, statements that dissolve and are contradicted or made impotent by the sheer process of deconstructing one’s deconstructions. Stevens claimed that a great disorder is an order (well ahead of chaos theory). Post structuralism with its absolutist hatred of saying anything is, well, to put it in the language of my forbears: fucking boring. Auden, at his worst, is also a bore. He can be pedantic, over bearing, a spewer of opinions, a snob, a writer of high falutin doggerel. At his best, he is the greatest poet to come out of the formalists, and for the same reason Ashbery is probably the greatest poet to come out of the post structuralists: because he is good at saying what he enjoys saying, because he takes great delight in his own utterance for its own sake, because no old bone wearies him if he can find a happy way to chomp on it. This is no small virtue. If a poet is not enjoying his own spew, what damned good is he? Auden’s ability to wrap things up annoys a reader only if that reader is deaf to the sonic joy of Auden cracking wise. The pleasure in Auden is not in what he says, or even in how he says it, but in the sheer pleasure he takes beyond how or why—a pleasure that, in his best poems, becomes a palpable presence throughout. When I want to witness a poet enjoying himself I turn to Ashbery or Auden. With great craft and skill, they sit in their respective sand boxes, and both are infantile in the best sense. At any rate, lets inspect one of Auden’s more famous poems,the imitation ballad, “As I Walked Out One Evening.”
As I walked out one evening,
Walking down Bristol street,
The crowds upon the pavement
were fields of harvest wheat.
And down by the brimming river
I heard a lover sing
Under an arch of the railway:
“Love has no ending.”
We are in traditional ballad country the second Auden writes “As I Walked Out One Evening” (see “The Streets of Laredo”). He is not mocking the structure or form of the ballad (except perhaps the way a lover would tease his beloved); he is reveling in the cliche. He trusts his own ability to have fun with cliché (something Ashbery also trusts). He is using what is called “eights and sixes,” a tetrameter line followed by a trimeter; and, to give it the “feel” of an informal ballad, he is augmenting or truncating the syllable count, dabbling in hypercatalectic, and acatalectic lines (one syllable more or one less). But of all the fun he is having in these first two stanzas, I’m sure nothing pleased him more than the wrench rhyme, worthy of a hip-hop MC of: “sing/ending.” Auden, in the next two stanzas, delights in one of the oldest tricks in the book: adynaton, the lover’s appeal to the impossible, the great brag of the lover plighting his troth:
“I’ll love you, dear, I’ll love you
Till China and Africa meet,
And the River jumps over the mountain
And the salmon sing in the street,
“I’ll love you till the ocean
is folded and hung up to dry
And the seven stars go squawking
Like geese about the sky.
“The years shall run like rabbits,
for in my arms I hold
The flower of the ages,
and the first love of the world.’
First, note the vowel rhyme of hold and world. And as for the adynaton,such wonderful boasts no longer exist in our poetry, which shows its sad and tragic “humility” to be far more arrogant and stingy than this delight in the lover’s form of boasting hyperbole. Only in songs does this sort of boast still thrive, for example, when Tom Waits insists: “I’d shoot the moon for you.”
Auden can’t let the lover triumph. Modern nihilism must rear its ugly head, or is it modern? The doom of all young love is a common subject of Latin and Greek, and almost all ancient world poetry. Auden knows the difference between originality and novelty. Novelty can only be interesting once, the first time. Originality is that which is suddenly ancient, and anciently sudden. Orignality has a nomative power, and can be intersting and pleasurable again and again because it manages to touch upon origins as well as news. The worst that can be said for pre post modern poetry is that it lacks the surprise of novelty. The worst that can be said for post modernist poetry is that it opts for novelty and confuses it with originality. I do not believe in cliched tropes. A trope can be tired and hackneyed only if the poet lacks the energy to enliven it. Carpe diem is still trembling in the shadows, waiting to be felt up by a daring poet. At any rate, Auden takes great delight in disillusioning the lover. Some of those stanzas:
“In head aches and in worry
Vaguely life leaks away,
And Time will have his fancy
Tomorrow or today.
“The glacier knocks in the cupboard,
The desert sighs in the bed,
And the crack in the tea cup opens
A lane to the land of the dead.
The images here would be surreal if they were not used to a purpose, but they are far from the effect of surreality which is to tweak the unconscious, the intuitive or sensing faculties—the irrational. This is the rational, didactic use of absurdity through thought and feeling to make a point, and the point is pretty much the same point made when Nash informs us that “Helen’s dust” stops up a bung hole: love is doomed and time ravishes even the most powerful passions.
This aint news, but it is a ritual of “giving the bad news.” which we can tell the poet puts all his craft and pleasure toward. A ritual can be beautiful, even pleasurable by dint of the joy and liveliness with which we perform it, and invest our time in it. To say a truth over and over again is to find the ritual that will make that truth, however awful, portable, and somehow, even more than bearable.
What Auden does in the final stanza, after having time destroy the lover’s troth, is return us to the cosmic impersonality of the river:
It was late, late in the evening.
The lovers they were gone;
The clocks had ceased their chiming,
And the deep river ran on.
This gives the poem the sufficient modernist chill it needs to be more than merely an imitation of ballads, but the real worth of it lies in Auden never believing for a minute that the tropes can be exhausted. How can one exhaust the ancient fear and fever of the blood, the dread and hopelessness of “I’ll love you forever?” Be careful, students, that your sophistication and stupidity in the dadaist, slacker, cynical, “non-linear” sense does not blind you to the pleasures of true nihilism: yes, I know, I know, and on the thousandth point of knowing, my heart still breaks.
If I am anything at all, I am a vaudevillian. Considering that vaudville has been stone dead the last 80 years, that’s a hard thing to be, but wouldn’t you want to attend a reading where, first, someone read Elizabeth Bishop’s “One Art” beautifully, followed by a white poodle jumping through a fiery hula hoop, then a great tap dancer, and then a good torch singer doing “Strange Fruit,” topped off by a rousing version of Etheridge Knight’s “All Fucked Up”? Hell, I would, and this either means I have no aesthetic boundaries whatsoever, or that I prefer, during the course of performance, to do what Ashbery does in a poem: let the flow take me where it will, live in the process and variety of consciousness rather than in some fully set and determined structure. Now it would be even more fun if the poodle held the fiery hula hoop between its paws while the human jumped through, but why quibble?
I am making a point here. At least, I think I am. If the poodle act was done superbly, as most vaudeville acts were, if it was the end result of months and years on the road, honing the act, then I don’t see why it would be any less valuable than a good poem (especially if the human jumped through the hoop). Poems are made out of words, but poesis is made out of a chemical compound of ecstasy and precision. It need not be ecstatic, nor precise, but a synthesis of those qualities is important. By ecstacy I mean the entire spectrum between being good at and enjoying the writing and presenting of poems, and the sort of possessed by the gods kind of inspiration Plato feared. By precision, I mean something that must be done “just so.” If the poodle wavers in her resolve and does not hold the fiery hula hoop at the right angle, the human might go up in flames. This is the secret and mystery of presence: a good tenor goes dangerously to the top of his range. We are waiting for him to fail. He does not fail: wallah! ecstacy with precision!
Most poetry readings are boring these days because we do something absurd: the poet pretends not to be performing. They read in a lack luster voice, often intentionally so. The audience is there to be “present,”—but at what rite? Certainly not the rite of ecstacy merging with precision to become poesis. The rite is called identification: I am a well-credentialed and leading poet, reading to you. You are students in an M.F.A. program performing a snob’s version of cannibalism. By being in my presence (or non-presence) you are hoping to become what I am: a leading poet reading before a group of grad students. We do not clap. We do not do what the vulgar people do. We are all intelligent. We are all “serious.” Look at us! In our midst, a cough becomes significant. At the end, we may clap “warmly.” This is sad.
I hate it. I look for attractive faces and bodies in the audience. I moan and ooh when the audience moans and ooh’s because I don’t want to be left out. I notice the beautiful girl who is dangling one shoe from her well arched foot. I want her. She will never be mine. She will get naked and procreate with a boy who translates Wordsworth’s The Prelude into Bengali. I lament. Where is the fiery hula hoop of the blood?
Don’t think I am advocating that everyone become a spoken word poet. God forbid! That’s just as bad because it is often fake ecstacy, and total imprecision. Spare me your false epiphanies! Spare me your skeltonic rhymes if you don’t know who Skelton is. Spare me!
Let us go back to what I was saying by taking a concrete poet and putting her in an environment I would think showed her to best advantage: Louise Gluck. (Don’t know how to put the dots on her “u”. Sorry.)
I saw Louise Gluck perform at a high school festival about ten years ago. They trotted her out because she was a pulitzer prize winner. They trotted her out because she was a name. They didn’t care about her poetry which, at least in her earlier work, is fantastic. They didn’t care that she was a sort of reserved, introverted, Alfred Hithcock blond. Hitchcock would have known how to present her: Tweed skirt, nice legs (Louise has kiiller legs), a sort of tense primness that calls forth monsters by dint of its introverted splendor. I was on the bill. High school kids like me. I knew my audience. I read , “So Kiss Me Asshole,” a poem of mine. Strangely, Louise liked me, too. She said: “You’re a good performer, and your poems have some merit.” I have been in love with Louise Gluck since I read “Fear of Birth” and re-read it two hundred times in a day when I was 15, and saw her photo on the back of an old anthology. Call it the love of Caliban for that which is fully in opposition to him, yet equally monstrous: she was as introverted, and audience unfriendly as you could get, I am practicly a poodle act, but we talked for a full hour: about Schumann (I told her some of the shorter lyrics she wrote seemed perfect for Schumann, and she agreed). We talked about Oppen (we share this love as well, and she studied with him). She claimed there were too many voices in her poems, and she could never utter them. She hated to read aloud, but the money was good. I said: “Louise, I hate when you read aloud, too. They don’t use you right. They should have you read one short poem, and then someone could play a small Schumann bagatelle, and then you could say something about Oppen, and the importance of mentors, and recite a poem by him from memory. You should always wear tasteful skirts because, I hope you don’t mind me saying so, but you have killer legs.” She smiled and said, “Thank you.”
It is a mistake to think poems written for the page can not be effective in performance. They need the right setting, the precision that brings out the ecstacy. A good poetry reading has the same aspects as a good poem. Lately, I want to strangle audiences. They don’t clap (they are all too intelligent to clap, and they are Mark Doty clones .About fifteen years ago, Doty said don’t clap, and they listened to him. Wretches! Theives of joy! They make me sick). I believe in clapping after any poem longer than a page—just to relieve the stress. Of course, short poems are different. I believe poets ought to work hard at finding the right voice and cadence, and way of presenting what they do. And they ought to be honest: it is a performance, a rite, the second you get in front of a room full of people. The ceremony should be performed with the same artistry as the poems—the right ceremony depending on the voice or voices of the poet. Louise Gluck is like Chopin, intimate: she loses something when placed in a room with five hundred high school students. You don’t get her best effects. You lose all the little trills, and false cadences, and intricate passage work. You lose the deceptively simple lines. She is writing splendid cabaret poems. These ought to be presented like good Kurt Weill songs, soft blue light included. To do that to Gluck and those students is detrimental to poetry. It’s far more vulgar and wrong than a poodle act. I heard kids saying: “She’s so boring.” I was angry. A woman with those tremendous poems and great gams should not be misunderstood. I said: “You liked my poems?” They said: “You’re great.” I said: “Louise Gluck is better than me, way better. They screwed you over. You need to hear her the way you would hear soft rain on a roof at night when you’re lonely, and fearful, and your childhood is dead. It can’t all be ‘So Kiss Me Asshole.’ That’s boring, too. Grow up!”
I fell a little in love with Louise that day because she was kind to me, and she didn’t have to be. She opened in the way a Louise Gluck should open: carefully, with a wonderful reticence and accuracy, with an inward passion. I got the performance out of her I was seeking. When she recited Oppen’s Bergen street by heart, she did so with feeling, and perfection. I was lucky.
So what am I getting at? First, poems that are subtle, or small, or call for pianissimo, should not be thrown into a Dylan Thomas frame work. Seeing a good cabret singer singing in a stadium is just wrong. Second, no poet should read before an audience more than fifteen minutes. All good acts are teasers. They should leave you wanting more. Now to the practical, pedagogical purpose of this:
In a class of ten poetry students, only five should be given the poem on paper at any time. Five should be listening, and listening hard. They should jot down a line that seems off, or one that they like. They should consider why exactly they like a line, or why it seems off. They should be honest about the poem’s effect on them. The other five should be giving the poem a close reading, and not just to find its “flaws,” but to first discover its intentions. “ur” poems, your idea of what a poem “should be” ought to be temporarily suspended, and you should enter the poem as it is—it’s intentions, it’s own private triumphs and failures. A good class trains listeners as well as readers. Poems should be memorized so that the language of poems becomes muscle memory. After a few poems, someone ought to tell a joke, or mention something that happened to them during the week. Digression, if it is good, is more to the point than being overly focused. Before a poet appears at the school, their work ought to be handed out. No poet should read for more than fifteen minutes unless it is an audience well versed in poetry. Over reading hurts poetry. It rams poetry down the throats of those who are not yet ready to recieve it. It’s bad fr the business.
There should be snacks, and, if possible, some music. A good piano player or guitarist (no tuning up please) ought to do something—no words, just music. Maybe some Ellington, a little Maple Leaf Rag. And then the poodle, holding the fiery hula hoop between its paws, and the six Hngarian acrobats leaping through the fire, and the girl dangling her she beside a by who is translating Wordsworth’s Prelude… but I digress.
Suppose you are reading Levinas, having a nice Cuban sandwich, minding your business, thinking about the self, the other, the other self, the otherness of self, the selfishness of other, etc, etc, and the sun slants across the legs of a woman you pretend to have a deep rapport with—striping them apricot. What do you do? It’s a question of ethics. She is eating half a plate of seasoned fries. The meal is over priced. The Cuban sandwich is on the wrong sort of bread—the kind of bread they put Cuban sanwiches on when they are over charging you (sour dough). It is spring, or maybe it isn’t: maybe it is fall, the last truly warm day in fall. Yes. You are sitting in the wrought-iron chair, outside, on the last warm day in fall, with Levinas in your lap, and the beautful woman has Kafka in her lap. The sun has decided to place an apricot hue over her legs, legs which have been shaped by only eating half plates of seasoned fries, and nothing else until, later that night, when she is naked in the arms of a man who also reads Levinas, but is much better looking, she eats a canoli—the whole thing, and says something meaningful to him in French.
Ah, you know you are a fraud. Levinas is a fraud. The only truly genuine thing in this universe are her legs, and they are attached to her by reason of genetics, and attached to you by reason of desire. The man with whom she sleeps is surly. He can afford to be surly. His hip-to-waist ratio is perfect. His teeth are white, but not overly so. When he sprawls naked on a bed, he seems intelligent. She desires him. Even though she has him, she wants him—which makes her fairly stupid in his presense. He will equivocate. Those with the proper hip-to-waist ratios may equivocate. He is like Adonis, and she is Venus panting over his sprawled splendor. He is you in another alternate universe. He is the you who does not beg like a seal clapping for fish. She speaks:
“How is the Cuban sanwich? May I have a bite?”
Every time you meet her for lunch, she takes a bite of your sandwich. When shrikes seek a mate, they impale bumble bees, and little baby sparrows to locust thorns and allow the prospective partner to dine. A shrike has a special “tooth” inside it’s maw for tearing and rending frozen flesh from bone… or is that a wolverine? Shrikes are also called butcher birds. They inhabit Northern fens. They implae prey to thorns, barbed wire, various sharp protruding things: whatever may suffice as a skewer. By giving her a bite of your sandwich, you will be reduced to the level of a shrike. And worse… The shrike gets laid. You will show how inteligent you are concerning the self, the other, the other self, the selfless other, the mystery of the other, the aporia by which self, other, shrikes, and cuban sandwiches are utterly beside the point. You demur. You have never demurred before. You withold the immediate gratification of her biting into your lunch. You stand firm—in so many ways. You say:
“No. Finish your fries!”
Does she know what is on your mind? To what degree is Levinas an unsuccessful make out device? How many graduate students are sitting even now on the plains, and in the mountains of American Academia, attempting to seduce each other with the complete works of Levinas? Just last week, you realized you were being replicated. There were thousands of fractal “yous” inhabiting the various over-priced eateries of towns both large and small. What would Levinas think if he realized you were using him to show how smart you are?
Her hand, her pretty left hand, the one with the blue nail polish, is reaching for your Cuban sandwich. She has decided to ignore your firm resolve not to be a shrike, and she is going to taste your meat. This has become a question of ethics. She is using you. You are co-dependent with her eating disorder. For her sake, and for your own, for the sake of the genuine, the real, the authentic, you must not let it happen. You grab her hand. You have been wanting to grab her hand for two years. What sort of coward needs a show down? She has one grey eye, and one green one. Her long legs were crossed, but now they are planted firmly in the “I will have a bite of your sandwich” position. You realize now that Levinas is right. We can not know the other. We can not know the self. You say:
“No.”
And so you do. You say no. She says: “Why are you being such a prick?” You say: “Did you ever think I might want the whole sandwich?” Her hand retreats: ice floes, thousands of years of approach and retreat. You pick up the check, leave an overly large tip. You are the wrong kind of shrike. The waiter will not like you any better for leaving him 25 percent. You are courting everyone. You keep hoping the universe notices that Levinas is in your lap. You are hoping they will say: “Oh… you read Levinas? Can I mate with you?”
Her name is Trudy. She has translated Kafka into Welsh. She has the sort of thick, dark hair that gets dented in the morning rather than messy. All she has to do is push out the dents, and she’s ready for the day. She is genuinely smart. You have a dream in which a poster of Simone Weil is attached to her naked legs. Her one flaw is her name. Who names their child Trudy? You certainly would never name a daughter Trudy. Perhaps you would name her Simone, or Clare, or Helen. You get an A on your paper concerning Levinas and the sociopathy of corporatism. You remember kissing a girl who liked Martin Buber. What happened to her? How did it all come down to this? Even now, as you walk away from the cafe, and Trudy heads for her part time job, and all is forgiven, and you give her the hug and perfunctory smooch they often give on talk shows, you feel terrified. This must not be your life. You will find the girl who liked Martin Buber, and kiss her again. She is somewhere in the world—perhaps in the far north. She lives in a little cabin, alone, thinking of you. The days pass, and Martin Buber brings back fond memories of your mouth on hers. You can see the little cabin in the woods. A light is on. It is dusk, and the bleak cry of the jay contrasts with the welcoming light.You have fire wood hosted on your shoulder. You are singing a merry tune in Canadian French: something about little loves who have dancing eyes. You are remembering the Robert Browning poem in which he rows a boat at night towards his love. Your heart is uplifted. Trudy is not the right girl for you. Who cares what Kafka sounds like in Welsh? You have fire wood, and six Cuban sandwiches stowed away in your back pack. There is recompense. There is salvation. You can throw Levinas away. You can build a fire, and discuss Martin Buber while lying naked in that sweet girl’s arms. What is her name? She was demur. She had heavy eye lids, and spoke in a vital whisper. You do not see the shrike. It is impaling a fox sparrow to a thorn. It lives in the brambles behind her cabin. You are too big for it to eat, utterly beside the point.
On fourth of July, alone in my kitchen and the sound of distant fireworks. I drink cheap Merlot, watch the dark break and enter through the windows. I am all over the Internet, but would rather be all over someone else: a tangent. A tanager. Today, by the river I saw a scarlet tanager. Had only seen them in bird books before, and for a minute all doom lifted. my mood is so easily healed, and then so easily thrashed back against the shoal of its wounding: rocks, jetties. If there were a sea I would calm it with the palm of my hand, and walk across the waves.
But there is no sea
only its sound inside me.
Part the red Merlot! Open the wounds!
Every Easter we would watch Moses and the Ten Commandments, and the sea was jello I heard. They did that effect with jello. Oh me, Oh my… the sigh of an ancient night breaking and entering through my windows.
There is no sea, though I might wish one into being—a red sea, like the
Scarlett tanager.
We open. We close. A series of bivalves, of binaries. Zeros and ones painting the ceiling!
She once laughed because the sound of the word computer turned her on. Odd co-ordinates of language and sky.
I would kill to be the sound of someone’s thoughts, the color of their dreams. Part one. Part two.
It is the fourth, and the sound of the fireworks makes me think of Beethoven composing as the french approached the city of vienna, and he crossing out the name of Napoleon from the Eroica.
Do you bury your dead, Mr. Weil, or do you set them off as fire works?
The scarlet tanager was in the thickets by the river. I thought it was a cardinal at first, or some other red bird, and my eyes finally admitted it was a tanager. The first of my life, and maybe the last.
I draw the sun reversed: things at dusk. The glow of what has already faded. it’s sweet aftermath.
My Aunt Mary died on a day I was supposed to read at Yale, and I was heading back to Binghamton to hand in the grades: ninety miles an hour and tears. And I was supposed to go with a beautiful Polish woman from my church. All the way to Yale! And I thought how I would give anything to be in the living room late at night watching re-runs of Frazier, my aunt wheezing gently on the sofa, me on the floor, my head cradled in my arms. And Yale did not seem very important.
Oh but this bird? It may save my life, and if not my life, then some small part of me that is gone forever—
the sound. What sound does red make? It is color, and frequency, and it must have a sound.
I think of a young women with browned arms playing a ukulele. It is not very lyrical, or like a Scarlett tanager. I think of her often. Could she be my death? She is often morose just to try something different. No emotion has dropped like a mask to permanently fit her soft angelic face. She is singing: “There is a sea, whether you believe it or not. There is a sea Mr. Weil, Mr. Joe, my Joseph. I can not be the sea. I can be the young girl playing the ukulele! In the sun dress. Light splashes. Her finger nail polish is bright, easter egg blue.
But she is the sea, too, and the scarlet tanager, and the sound of the distant fireworks. She is Beethoven crossing out the name of the liberator turned tyrant.
I must claim my death. it is very likely a while from now—perhaps while I am down by the river. And it is dusk. And it is more than dusk. And I am scratchy, and morose. And I feel no one feeling me.
I worry about graduate students. When intention, and goals, and focus outstrip the accidental, the possibility of falling into exactly what you need to trip over, you ought to take stock: what do you just allow to happen? Some students will say, “Easy for you. You have a job.” They’re right. But I never planned my lifeever, and I think anyone who knows me, knows this is true. I’m not advocating that any one be as accidental as I am, but there needs to be some carelessness. The true power of money, or fame or talent is that it gives wiggle room for carelessness. I’ve been poor most of my life—sometimes dangerously so, and what I felt most deprived of was the right not to give a rat’s ass. A writer needs carelessness to a certain degree. They need to write just for the hell of it—without the pressure of publication, or work shopping,or a grade, or because it’s “worthwhile.” No child kicking a can wonders if it’s worthwhile. Can kicking is a value in its own right. So I like to instill in my students a sense of “just for the sheer white hell of it.”
This is what Flannery O’Connor was getting at when she spoke of developing a “habit of art.” So much of the industry of poetry is about “Work.” Being goal oriented, and focused can be detrimental, if taken too far. As my grandmah always said: “A dog chasing his tail, loses the yard.”I hate work. My idea of a meaningful life would be to recieve a spell that allowed me to lie down beside a beloved in a field of timothy grass, sans the bugs, and, every so often, she would tenderly ticikle my cheek with a blade of grass, and we would make out until ourl lips were swollen, and then walk hand in hand through blue chickory and ascend to the bed room where we’d have sex for six hours, in perfect bliss, fully realizing the tantric ideal, and then there’d be a movie, and perhaps a beverage, and the last rays of the sun would fall upon our noses just so, as we lay naked and tangled in each other’s limbs in abject splendor, and angels came with rock glasses full of Jameson– perfect little ice cubes that maketh sweet melody! Oh yes! Being short, and bald, and utterly untantric, I am forced to write this, rather than live this, which brings me to the point of my rant: writing is a compensatory act—an augmentation to a life that is not lived. It is what is missing. It is a void through which the hand moves, and, when the hand moves just so, the void allows the faces and landscapes to appear. to be vivd for a moment until they fade, and are replaced by bills, and obligations, and the voice of the world telling us to keep busy. Oh busy, busy world which hath not love, nor hope, nor Jameson: what does it avail thee? My true motto: “Lighten up and despair!”
This leads me to a writing prompt called “despairing more deeply into joy. All you need to do in this writing prompt is be undignified. James Tate is never dignified. He indulges himself. That’s why he’s famous: You need a cookie for this writing prompt, or anything you might eat when you miss someone– a cookie, rice pilaf, whatever. You need to realize life is both beautiful and hopeless, that, even if you win the Pulitzer, wrinkles will come, and body parts will fail you,and you’ll become King Lear and insist utterly false people kiss your warty ass until you drop dead, and they forget you.. If you’re lucky, you’ll be hot for about 20 years, and your reign of terror will be extended. If you’re not lucky, you’ll be less than hot,and that will mean you’ll have to be really smart or very kind to all sentient creatures just to get a little taste of what hot people get by simply breathing. Yes. Life is unfair. Ho hum. You have been cheated. You were born for greater things! Why doesn’t anyone realize it? Get yourself into a state of absolute indignity. Right now. You can begin this prompt with any of the following three lines:
“You were snow that year and fell on me at all odd hours of the morning.”
“You sat naked on my sofa, all except for your glasses, and you asked me to remove them.”
“Why is that fig in your hand, instead of me?”
When I think of snow, I think of a navy blue P coat because I once loved a girl who always wore a navy blue P coat, and, in my warped mind, a couple flakes of snow are always falling into the darkness of her coat, and disappearing. I see her sometimes in dreams, and she is wearing the coat, and a little knit ski cap, and calling me : “Booshi!” I touch her hair. It is damp and wren brown, and it makes me feel wierd, and tender, and sadder than I have ever felt in my whole fucking life. Every time I go to touch her hair, and feel the damp, and watch the snow melt into her coat, she undoes the buttons, and lets me put my hands around her waist, and then she disappears. This is easy to do, this dreaming awake. I have given up all control of what should happen, and yet I am the only creature of what happens. Writers are often introverts who secretly want to rule the world with an iron fist. They need to stop trying to control everything, and then they will have the absolute power of a hollow pipe through which the wind blows, and little children peer to look out the other side.
Anyway, by now, you are probably wondering where the prompt is. It is in the lines: Let’s look at the first line:
“You were snow that year and fell on me at all odd hours of the morning.”
Okay, we know someone is snow (not uncommon in a poem). We know it is “that year.” We know the snow fell on the speaker of the prose poem, and it appears to happen in the morning. What’s an odd hour? Perhaps we can do without the word odd, but odd sounds nice. We shall see:
If you choose this prompt, pick a year in your life that the reader need never know: 1991, or 1967, or whatever. List three things that made that year significant : You got laid for the first time, you came to know God, your father had a heart atack in his lover’s bathroom… whatever. Anyway, list. Put the list to the side. Now, consider snow in terms of all the five senses:
Sight: how is it falling? Is it swirling? Are they fat flakes, little icy pellets? Is it lake effect snow and blowing sideways? Does it fall in a still semi-darkness of winter, 7 Am. Does it fall under the street lights? Are you noticing how vividly green and red and amber the traffic lights are during snwy days? IS the wind blowing?
Smell: wet wool perhaps, the smell of the cold (We know it has a smell. What is it), a smell of wood smoke, etc.
Taste: Is the snow salty, sooty, Icy metal? Did you suck wet wool as a child (I did)? Children are always tasting the world. They’re like catfish.
Touch: does it sting your face slightly? Does it fall on your hair, so gently yet somehow perceptible? If someone should suddenly put cold hands on your face, would it piss you off?
Sound: And has God put a mute in the trumpet of consciousness? Is the snow like a damper petal? Have you ever stood in silence on the porch, and tired to hear ne snow flake among thousands?
Now, the good news is, you don’t have to use any of this stuff. This is what I call gathering. You’re stalling. Your picking up strays. The main purpose of this is to build the thing inside you– to trust that the truth of this dream is growing.” Fell” can be aggressive: it can mean attack, or affectionate ambush, or passion, or playfulness. In this one line, you have a lot to work with. I’ve been gathering by helping you gather. I have a blue cup full of coffee to my left. My heat is working. I am ready!
Prose Poem
You were snow that year and fell on me at all odd hours of the morning. I came to rely on it, and took my blue knit ski hat off, and let you sting my ears. But tell me, if we come to rely on being ambushed, is it ambush? The snow falls now. It isn’t you. Perhaps it is someone else’s dead. Perhaps it’s become the fingers of a clumsy child, a child who can’t button her coat, and must pretend for the rest of her life that she likes being cold. How many things since you stopped being snow have I pretended to like? I put my hands over my ears. I don’t want to hear myself. This is sad. This is always sad. I stand at the bus stop, expecting you to fall, to touch my bare neck—to give me the good pain. I say “cut it out.” In the language of sad this means: “Come here!” Look! The traffic light is more green more red, more amber than it has ever been. It is a record traffic light! I am sick with love. Terrible things happen to people, or maybe they don’t. Perhaps that’s wishful thinking because a truly terrible thing would give me full permission to cry. I need permission. Something is locked inside my scarf—something that trembles, and smells of wet wool, and doesn’t know the lock is broken. It could come out—if it wanted to. If it was that child, I would offer to button her coat. I would kiss the dark wool where the flakes were disappearing. No wonder I lose scarves—all those prisoners inside them! I can’t bear it any longer. Whatever it is, I want out. The bus is coming. Inside, in the still semi-dark, the green yellow ancient light of the bus, and slushy foot prints, and somber morning faces. Fall on me. My hands are cold. The buttons won’t obey. I am wide open. I refuse to listen. My hands are over my ears.
What is it I am so afraid of hearing? There is nothing terrible happening—nothing anyone can see. That’s what makes it so terrible. That’s what makes it snow.
Okay, so try one of these, and give yourself permission to digress, and, if you are a busy human being, give yourself permission to digress even further. Digression is nine tenths the law. Fuck the manuscript. Fuck the curriculum vitae. We serve them bitterly. We have to work, but it isn’t our true kingdom. It isn’t snow. |
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“First they ignore you, then they laugh at you, then they fight you, then you win.” -Mahatma Gandhi
A couple weeks ago, VeriFone went after a much smaller competitor in a very public way. It accused Square, Jack Dorsey’s mobile payments startup, of a serious security hole which turned out to be not particularly serious at all. VeriFone was trying to spread major FUD (Fear, Uncertainty, and Doubt) and use it to promote its own competing, late-to-the-party PAYware Mobile product. Dorsey responded and there was a huge backlash against VeriFone on Twitter, obviously, and elsewhere.
Well, apparently the backlash wasn’t so bad because VeriFone is still trying to market PAYware by bashing Square. An ad on Facebook reads:
This is nothing more than FUD marketing. Square is no less secure than handing your credit card to a waiter or a merchant who could theoretically steal your credit card number. And it is the credit card companies who are on the hook for fraud, not the consumer or the merchant. If anything, the fact that VeriFone—a huge, publicly-traded company with $1 billion in annual revenues—is basing the marketing for a new product on trying to discredit Square rather than on the advantages of its own offering tells you more about VeriFone’s desperation than Square’s failings. When they start fighting you tooth and nail, that’s when you know you’ve won.
OverviewSquare helps anyone take care of their business. Square's complete register service is a full point of sale with tools for every part of running a business, from accepting credit cards and tracking sales and inventory to small-business financing. Customers also use Square Cash, the easiest way to send and receive money, and Square Order, a new way to pre-order food and drinks for pickup. Founded … |
21,196 kilometers (13,170 miles)
The total length of the Great Wall of China built in different dynasties is 21,196.18 kilometers (13,170.70 miles), announced by China's State Administration of Cultural Relics in 2012. The length of the Great Wall of the Ming Dynasty (1368-1644) is 8,851.8 kilometers (5,500.3 miles), and there is about 526 kilometers (327 miles) lying in Beijing.
How long is the Ming Great Wall? - 8,851.8 km (5,500.3 mi)
The Ming Great Wall is the best-preserved among all, extending from Hushan in Liaoning to Jiayuguan in Gansu. It includes 6,259.6-kilometer (3,889.5-mile) artificial wall, 359.7-kilometer (223.5-mile) trench and 2,232.5-kilometer (1,387.2-mile) natural barrier. It is composed of 5,723 beacon towers, 7,062 watching towers, 3,357 wall platforms and 1,026 other related ruins. The Great Wall sections in Beijing are mainly left by the Ming Dynasty.
Great Wall of China Length for Famous Sections in Beijing
Section Length Badaling 3.7 km Mutianyu 5.4 km Simatai 5.4 km Jinshanling 10.5 km Jiankou >20 km Huanghuacheng 12.4 km Juyongguan 4.1 km
Total Length - 21,196 kilometers (13,170 miles)
Many ancient dynasties have participated in building the Wall, and many sections are located in remote mountains, grassland or deserts which make the measurement a problem. Thanks to modern measuring techniques, and after a 5-year archaeological survey, the total length has been finally revealed. The Great Wall of China length in km is 21,196.18 kilometers. How long is the Great Wall of China in miles? It is 13,170.70 miles. The China wall length is surprisingly more than twice as long as the previous estimates.
The wall relics mainly distribute in 15 provinces and regions, including Beijing, Tianjin, Hebei, Shanxi, Inner Mongolia, Liaoning, Jilin, Heilongjiang, Shandong, Henan, Shaanxi, Gansu, and Qinghai. There are 43,721 relics, including the walls, trenches, towers, and fortresses.
How Many Miles Was the Great Wall in Different Dynasties?
Dynasty Time Length Qi 1122 – 221 BC 620 km Chu 1115 – 223 BC 500 km Yan 1122 – 222 BC 125 km Zhao 403 – 222 BC 412 km Wei 403 – 225 BC 300 km Qin 221 – 207 BC 5,000 km Han 202 BC – 220 AD 6,000 km Northern Wei 386 – 534 1,500 km Northern Qi/Sui 550 – 618 AD 1,500 km Jin 1115 – 1234 AD 1,926 km Ming 1368 – 1644 AD 8,851.8 km
The wall bricks are taken
for private use.
1/3 of the Great Wall has disappeared.
The length of the Great Wall is increasing due to new finds and renovations.The wall is becoming shorter and shorter day by day due to the natural erosion and human activity. Some people tore down the wall in the name of modern construction, or even took the bricks from the wall for private use. All of these actions brought large damage to the wall and many parts became unrecognizable. The implementation of the Protection Regulation since 2006 stops some human damage, but the length of the Great Wall has been inevitably shortened.
40% of the restoration of Jiankou Great Wall in Beijing is finished by the end of 2016. Hefangkou, Xishuiyu, and many other wild sections are also under renovation, making the wall total longer and longer.
In 2012, a greater than 40-kilometer (24.9-mile) length of Ming Wall was discovered in Jixian County, Tianjin, which is one twentieth of the entire Ming Great Wall. Also in 2012, a 1.3-kilometer (0.8-mile) remnant wall was detected, which belongs to the Northern Qi Dynasty (550 - 577). In 2014, a wall of the Western Han Dynasty (202 BC - 9 AD) measuring 46.585 kilometers (28.95 miles) was found in Ulanqab, Inner Mongolia. In addition, the nine new sections of the Qin Dynasty (221 - 207 BC) were found at the boundary between Ningxia and Gansu in 2015. And around 4-kilometer (2.5-mile) long section was discovered in Liangcheng County, Inner Mongolia in 2017. |
Get Out Your Skewers: It's Something on a Stick Day
Did you know that March 28 is Something on a Stick Day? Whether you prefer old standbys like kebabs and Popsicles or more imaginative creations like coffee — yes, coffee — on a stick, you'll love celebrating the playful holiday with these quick and easy recipes. From Greek salad bites to sweet cake pops, here are eight festive food-on-a-stick recipes to try today. |
Winter Wise
Winter is a busy time for the health system with many people exposed to illnesses such as cold and flu. NSW Health is preparing for a potentially serious flu season and we urge the community to do the same by being winter wise.
Our plans for winter include:
Providing a public health immunisation programme for high risk members of the community
Providing flu vaccinations for all frontline health staff
Developing winter plans for NSW hospitals to cope with an increase in service demand.
We’re ready. Are you?
Here are some tips to be winter wise this season:
Keep well
Good hygiene and behaviour can help reduce the spread of illness.
Here are some simple things to remember:
Catch it and bin it
Germs can spread easily. Always carry a tissue and use it to catch your cough or sneeze. If you don’t have a tissue, coughing into your elbow is better than your hands.
Germs can live for several hours on tissues. Throw used tissues in a rubbish bin as soon as possible.
Kill it
Hands can transfer germs to every surface you touch. Wash your hands thoroughly and often, especially after coughing, sneezing or blowing your nose.
Wash hands for at least 10 seconds or use an alcohol-based hand rub.
Stay at home
Wait at least 24 hours after your fever resolves before you return to work or other public activities so you do not infect others. Keep sick children away from school and other activities.
Get a jab
Annual influenza vaccination is recommended for anyone aged over 6 months who wishes to reduce their chances of becoming ill with influenza.
Public health experts advise that the best time to be vaccinated against the flu is before the winter season arrives. You can organise to have a flu vaccination through your GP. Some workplaces also offer free vaccination.
Anyone can get flu, but it can be more serious for certain people.
As part of the Immunise Australia Program {insert link: http://www.immunise.health.gov.au/} flu vaccination is free for high-risk groups, including:
those with chronic respiratory conditions
pregnant women (especially 2nd and 3rd trimester)
Aboriginal and Torres Strait Islander people
people aged 65 years or older
people with certain other chronic medical conditions
Get a local GP
Make sure you have a local GP.
If you haven’t seen a doctor in a while, or have recently moved house, you should establish contact with a local GP before the winter season arrives. |
Q:
AttributeError: 'numpy.ndarray' object has no attribute 'drop'
I'm trying to delete the first 24 rows of my pandas dataframe.
Searching on the web has led me to believe that the best way to do this is by using the pandas 'drop' function.
However, whenever I try to use it, I get the error:
AttributeError: 'numpy.ndarray' object has no attribute 'drop'
This is how I created my pandas dataframe:
import pandas as pd
import numpy as np
import matplotlib.pyplot as plt
from sklearn.decomposition import PCA
from sklearn.preprocessing import StandardScaler
%matplotlib inline
import os
cwd = os.getcwd()
df = pd.read_csv('C:/Users/.../Datasets/Weather/temperature4.csv')
Then:
df.fillna(df.mean())
df.dropna()
The head of my dataframe looks like this:
And then:
df = StandardScaler().fit_transform(df)
df.drop(df.index[0, 23], inplace=True)
This is where I get the attributeerror.
Not sure what I should do to delete the first 24 rows of my dataframe.
(This was all done using Python 3 on a Jupyter notebook on my local machine)
A:
The problem lies in the following line:
df = StandardScaler().fit_transform(df)
It returns a numpy array (see docs), which does not have a drop function.
You would have to convert it into a pd.DataFrame first!
new_df = pd.DataFrame(StandardScaler().fit_transform(df), columns=df.columns, index=df.index)
|
/*************************************************************************
* *
* Open Dynamics Engine, Copyright (C) 2001,2002 Russell L. Smith. *
* All rights reserved. Email: russ@q12.org Web: www.q12.org *
* *
* This library is free software; you can redistribute it and/or *
* modify it under the terms of EITHER: *
* (1) The GNU Lesser General Public License as published by the Free *
* Software Foundation; either version 2.1 of the License, or (at *
* your option) any later version. The text of the GNU Lesser *
* General Public License is included with this library in the *
* file LICENSE.TXT. *
* (2) The BSD-style license that is included with this library in *
* the file LICENSE-BSD.TXT. *
* *
* This library is distributed in the hope that it will be useful, *
* but WITHOUT ANY WARRANTY; without even the implied warranty of *
* MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the files *
* LICENSE.TXT and LICENSE-BSD.TXT for more details. *
* *
*************************************************************************/
/*
quaternions have the format: (s,vx,vy,vz) where (vx,vy,vz) is the
"rotation axis" and s is the "rotation angle".
*/
#include <ode/rotation.h>
#include <ode/odemath.h>
#define _R(i,j) R[(i)*4+(j)]
#define SET_3x3_IDENTITY \
_R(0,0) = REAL(1.0); \
_R(0,1) = REAL(0.0); \
_R(0,2) = REAL(0.0); \
_R(0,3) = REAL(0.0); \
_R(1,0) = REAL(0.0); \
_R(1,1) = REAL(1.0); \
_R(1,2) = REAL(0.0); \
_R(1,3) = REAL(0.0); \
_R(2,0) = REAL(0.0); \
_R(2,1) = REAL(0.0); \
_R(2,2) = REAL(1.0); \
_R(2,3) = REAL(0.0);
void dRSetIdentity (dMatrix3 R)
{
dAASSERT (R);
SET_3x3_IDENTITY;
}
void dRFromAxisAndAngle (dMatrix3 R, dReal ax, dReal ay, dReal az,
dReal angle)
{
dAASSERT (R);
dQuaternion q;
dQFromAxisAndAngle (q,ax,ay,az,angle);
dQtoR (q,R);
}
void dRFromEulerAngles (dMatrix3 R, dReal phi, dReal theta, dReal psi)
{
dReal sphi,cphi,stheta,ctheta,spsi,cpsi;
dAASSERT (R);
sphi = dSin(phi);
cphi = dCos(phi);
stheta = dSin(theta);
ctheta = dCos(theta);
spsi = dSin(psi);
cpsi = dCos(psi);
_R(0,0) = cpsi*ctheta;
_R(0,1) = spsi*ctheta;
_R(0,2) =-stheta;
_R(1,0) = cpsi*stheta*sphi - spsi*cphi;
_R(1,1) = spsi*stheta*sphi + cpsi*cphi;
_R(1,2) = ctheta*sphi;
_R(2,0) = cpsi*stheta*cphi + spsi*sphi;
_R(2,1) = spsi*stheta*cphi - cpsi*sphi;
_R(2,2) = ctheta*cphi;
}
void dRFrom2Axes (dMatrix3 R, dReal ax, dReal ay, dReal az,
dReal bx, dReal by, dReal bz)
{
dReal l,k;
dAASSERT (R);
l = dSqrt (ax*ax + ay*ay + az*az);
if (l <= REAL(0.0)) {
dDEBUGMSG ("zero length vector");
return;
}
l = dRecip(l);
ax *= l;
ay *= l;
az *= l;
k = ax*bx + ay*by + az*bz;
bx -= k*ax;
by -= k*ay;
bz -= k*az;
l = dSqrt (bx*bx + by*by + bz*bz);
if (l <= REAL(0.0)) {
dDEBUGMSG ("zero length vector");
return;
}
l = dRecip(l);
bx *= l;
by *= l;
bz *= l;
_R(0,0) = ax;
_R(1,0) = ay;
_R(2,0) = az;
_R(0,1) = bx;
_R(1,1) = by;
_R(2,1) = bz;
_R(0,2) = - by*az + ay*bz;
_R(1,2) = - bz*ax + az*bx;
_R(2,2) = - bx*ay + ax*by;
}
void dRFromZAxis (dMatrix3 R, dReal ax, dReal ay, dReal az)
{
dVector3 n,p,q;
n[0] = ax;
n[1] = ay;
n[2] = az;
dNormalize3 (n);
dPlaneSpace (n,p,q);
_R(0,0) = p[0];
_R(1,0) = p[1];
_R(2,0) = p[2];
_R(0,1) = q[0];
_R(1,1) = q[1];
_R(2,1) = q[2];
_R(0,2) = n[0];
_R(1,2) = n[1];
_R(2,2) = n[2];
}
void dQSetIdentity (dQuaternion q)
{
dAASSERT (q);
q[0] = 1;
q[1] = 0;
q[2] = 0;
q[3] = 0;
}
void dQFromAxisAndAngle (dQuaternion q, dReal ax, dReal ay, dReal az,
dReal angle)
{
dAASSERT (q);
dReal l = ax*ax + ay*ay + az*az;
if (l > REAL(0.0)) {
angle *= REAL(0.5);
q[0] = dCos (angle);
l = dSin(angle) * dRecipSqrt(l);
q[1] = ax*l;
q[2] = ay*l;
q[3] = az*l;
}
else {
q[0] = 1;
q[1] = 0;
q[2] = 0;
q[3] = 0;
}
}
void dQMultiply0 (dQuaternion qa, const dQuaternion qb, const dQuaternion qc)
{
dAASSERT (qa && qb && qc);
qa[0] = qb[0]*qc[0] - qb[1]*qc[1] - qb[2]*qc[2] - qb[3]*qc[3];
qa[1] = qb[0]*qc[1] + qb[1]*qc[0] + qb[2]*qc[3] - qb[3]*qc[2];
qa[2] = qb[0]*qc[2] + qb[2]*qc[0] + qb[3]*qc[1] - qb[1]*qc[3];
qa[3] = qb[0]*qc[3] + qb[3]*qc[0] + qb[1]*qc[2] - qb[2]*qc[1];
}
void dQMultiply1 (dQuaternion qa, const dQuaternion qb, const dQuaternion qc)
{
dAASSERT (qa && qb && qc);
qa[0] = qb[0]*qc[0] + qb[1]*qc[1] + qb[2]*qc[2] + qb[3]*qc[3];
qa[1] = qb[0]*qc[1] - qb[1]*qc[0] - qb[2]*qc[3] + qb[3]*qc[2];
qa[2] = qb[0]*qc[2] - qb[2]*qc[0] - qb[3]*qc[1] + qb[1]*qc[3];
qa[3] = qb[0]*qc[3] - qb[3]*qc[0] - qb[1]*qc[2] + qb[2]*qc[1];
}
void dQMultiply2 (dQuaternion qa, const dQuaternion qb, const dQuaternion qc)
{
dAASSERT (qa && qb && qc);
qa[0] = qb[0]*qc[0] + qb[1]*qc[1] + qb[2]*qc[2] + qb[3]*qc[3];
qa[1] = -qb[0]*qc[1] + qb[1]*qc[0] - qb[2]*qc[3] + qb[3]*qc[2];
qa[2] = -qb[0]*qc[2] + qb[2]*qc[0] - qb[3]*qc[1] + qb[1]*qc[3];
qa[3] = -qb[0]*qc[3] + qb[3]*qc[0] - qb[1]*qc[2] + qb[2]*qc[1];
}
void dQMultiply3 (dQuaternion qa, const dQuaternion qb, const dQuaternion qc)
{
dAASSERT (qa && qb && qc);
qa[0] = qb[0]*qc[0] - qb[1]*qc[1] - qb[2]*qc[2] - qb[3]*qc[3];
qa[1] = -qb[0]*qc[1] - qb[1]*qc[0] + qb[2]*qc[3] - qb[3]*qc[2];
qa[2] = -qb[0]*qc[2] - qb[2]*qc[0] + qb[3]*qc[1] - qb[1]*qc[3];
qa[3] = -qb[0]*qc[3] - qb[3]*qc[0] + qb[1]*qc[2] - qb[2]*qc[1];
}
// dRfromQ(), dQfromR() and dDQfromW() are derived from equations in "An Introduction
// to Physically Based Modeling: Rigid Body Simulation - 1: Unconstrained
// Rigid Body Dynamics" by David Baraff, Robotics Institute, Carnegie Mellon
// University, 1997.
void dRfromQ (dMatrix3 R, const dQuaternion q)
{
dAASSERT (q && R);
// q = (s,vx,vy,vz)
dReal qq1 = 2*q[1]*q[1];
dReal qq2 = 2*q[2]*q[2];
dReal qq3 = 2*q[3]*q[3];
_R(0,0) = 1 - qq2 - qq3;
_R(0,1) = 2*(q[1]*q[2] - q[0]*q[3]);
_R(0,2) = 2*(q[1]*q[3] + q[0]*q[2]);
_R(1,0) = 2*(q[1]*q[2] + q[0]*q[3]);
_R(1,1) = 1 - qq1 - qq3;
_R(1,2) = 2*(q[2]*q[3] - q[0]*q[1]);
_R(2,0) = 2*(q[1]*q[3] - q[0]*q[2]);
_R(2,1) = 2*(q[2]*q[3] + q[0]*q[1]);
_R(2,2) = 1 - qq1 - qq2;
}
void dQfromR (dQuaternion q, const dMatrix3 R)
{
dAASSERT (q && R);
dReal tr,s;
tr = _R(0,0) + _R(1,1) + _R(2,2);
if (tr >= 0) {
s = dSqrt (tr + 1);
q[0] = REAL(0.5) * s;
s = REAL(0.5) * dRecip(s);
q[1] = (_R(2,1) - _R(1,2)) * s;
q[2] = (_R(0,2) - _R(2,0)) * s;
q[3] = (_R(1,0) - _R(0,1)) * s;
}
else {
// find the largest diagonal element and jump to the appropriate case
if (_R(1,1) > _R(0,0)) {
if (_R(2,2) > _R(1,1)) goto case_2;
goto case_1;
}
if (_R(2,2) > _R(0,0)) goto case_2;
goto case_0;
case_0:
s = dSqrt((_R(0,0) - (_R(1,1) + _R(2,2))) + 1);
q[1] = REAL(0.5) * s;
s = REAL(0.5) * dRecip(s);
q[2] = (_R(0,1) + _R(1,0)) * s;
q[3] = (_R(2,0) + _R(0,2)) * s;
q[0] = (_R(2,1) - _R(1,2)) * s;
return;
case_1:
s = dSqrt((_R(1,1) - (_R(2,2) + _R(0,0))) + 1);
q[2] = REAL(0.5) * s;
s = REAL(0.5) * dRecip(s);
q[3] = (_R(1,2) + _R(2,1)) * s;
q[1] = (_R(0,1) + _R(1,0)) * s;
q[0] = (_R(0,2) - _R(2,0)) * s;
return;
case_2:
s = dSqrt((_R(2,2) - (_R(0,0) + _R(1,1))) + 1);
q[3] = REAL(0.5) * s;
s = REAL(0.5) * dRecip(s);
q[1] = (_R(2,0) + _R(0,2)) * s;
q[2] = (_R(1,2) + _R(2,1)) * s;
q[0] = (_R(1,0) - _R(0,1)) * s;
return;
}
}
void dDQfromW (dReal dq[4], const dVector3 w, const dQuaternion q)
{
dAASSERT (w && q && dq);
dq[0] = REAL(0.5)*(- w[0]*q[1] - w[1]*q[2] - w[2]*q[3]);
dq[1] = REAL(0.5)*( w[0]*q[0] + w[1]*q[3] - w[2]*q[2]);
dq[2] = REAL(0.5)*(- w[0]*q[3] + w[1]*q[0] + w[2]*q[1]);
dq[3] = REAL(0.5)*( w[0]*q[2] - w[1]*q[1] + w[2]*q[0]);
}
|
1972 United States House of Representatives election in the District of Columbia
The 1972 congressional election for the Delegate from the District of Columbia was held on November 7, 1972. The winner of the race was Walter E. Fauntroy (D), who won his first re-election after winning the special election in the previous year. All elected members would serve in 93rd United States Congress.
The non-voting delegate to the United States House of Representatives from the District of Columbia is elected for two-year terms, as are all other Representatives and Delegates minus the Resident Commissioner of Puerto Rico, who is elected to a four-year term.
Candidates
Walter E. Fauntroy, a Democrat, sought re-election for his second term to the United States House of Representatives. Fauntroy was opposed in this election by Republican challenger William Chin-Lee who received 25.12%, and Statehood Party candidate Charles I. Cassell who received 11.92%. This resulted in Fauntroy being elected with 60.64% of the vote.
Results
References
United States House
District of Columbia
1972 |
Poultry Lawsuit Wrapping Up
Tulsa, OK – TULSA, Okla. (AP) After four months, closing arguments in the state of Oklahoma's federal pollution lawsuit against the Arkansas poultry industry are beginning.
The arguments were scheduled last Thursday but delayed a week after U.S. District Judge Gregory Frizzell became ill. Frizzell has presided over the 51-days of hearings during the past four months.
Oklahoma claims the industry has polluted a pristine watershed with tons of chicken litter the feathers, droppings and bedding left in barns after birds are taken to slaughter.
The industry claims farmers broke no laws when they used the litter on their land as cheap fertilizer. The companies say Oklahoma has failed to produce any evidence that the waste poses a threat to humans or the environment. |
Friday, August 31, 2007
I found this article on Deb's blog and just loved it so thought I would share it with my blogging friends.A recent study indicated, that Yarn and thread gives off certain Pheromones that actually hypnotize women and cause them to purchase unreasonable amounts.When stored in large quantities, in enclosed spaces, the Pheromones, (in the yarn,) cause memory loss and induce the nesting syndrome, (similar to the one squirrels have, before the onset of winter, i.e. the storing of food,) therefore, perpetuating their species and not having a population loss due to their kind being cut into pieces and mixed with others.Sound tests have also revealed, that these yarns, emit a very high-pitched sound, heard only by a select few, a breed of women known as"loomers." When played backwards on an LP, the sounds are heard as chants, "buy me, loom me, and wind me into a ball ".In order to overcome the so called "feeding frenzy effect," that these yarns cause, one must wear a face mask when entering a storage facility and use ear plugs, to avoid being pulled into their grip.(One must laugh, however, at the sight of customers in a yarn store, with WWII army gas masks and headphones on!).Studies have also indicated, that aliens have inhabited the earth, helping to spread the effects, that these yarns have on the human population. They are called "YARN STORE CLERKS".It's also been experienced, that these same Pheromones, cause a pathological need, to hide these yarn purchases, when taken home (or atleast blend them into the existing stash.) When asked by a significant other if the yarn is new, the reply is, "I've had it for awhile."Author UnknownLOL
So ladies we are ok!! There is no need to call the doctor or run out to a shrink. Having our halls, closets, guest rooms, bedrooms, living rooms, cars, and garages filled with yarn is just part of being a "Stitching Gal" it's ok and better yet it's a good feeling to own a peice of the big "Yarn ball" of the world. So go out and buy some more of that yarn this weekend all the shops have sales!!!!
The answer lies in what is called The Four Knitting Truths, which are questions we all ask ourselves but raely are we truthful with the answers. And we are all guilty of not "wanting" to know the true answers.
These Four Knitting Truths are the main factors you have to take into account when planning a crocheted or knitted garment:
1. The truth about yourself. Your REAL measurements and body type (not the measurements you fear you have, or imagine you have!).2. The truth about the pattern. Ease, style, construction, color.3. The truth about the fabric. Qualities of the yarn, stitch pattern, and how these are affected by gauge.4. The truth about your expectations and needs. What do you want your sweater to look like? What silhouettes do you prefer? Are you being realistic about what looks good on you and what doesn't?
Question: Are we crocehting or knitting for an imaginary "me", or for the REAL "me?" When was the last time you measured yourself? When was the last time you stood in front of a mirror and carefully (and KINDLY) evaulated the woman who stands before us? I mean I tend to stay away from the mirror, don't you? I am sure I am not the only one out there with a "mirror phobia?"
There's a great little page on How To Measure Yourself, with photos and instuctions on how to measure the basic width measurements of bust, waist, and hip. I absolutly love it. It has all the right places where we need to place the tape measure and know the truth about our own body measurements. And there is an extra two dimensions for those who have extra curves like me. :) They are called: Buddha Belly and High Tummy.
It's also good to start with a few basics, particularly since these are the ones that most patterns are based upon. Speaking of which, let's de-mystify three things: Finished Bust Measurement, Actual Bust Measurement, and Ease.
Finished Bust MeasurementWhy we care what it is: This is the main "base measurement" used in knitting patterns to denote the different sizes offered.What it IS: A measurement of the finished GARMENT, after it is knitted, blocked, and seamed (if needed).What it is NOT: A measurement of your exact bust size, unless you want it to be!How to find it: Lay the completely finished (again, knitted, blocked and seamed) garment on a flat surface, right side out, front up. Pat the garment flat, without overstretching it. Measure across the bustline from side to side at the widest point--generally just under the armholes. Multiply by two (front plus back), and this is the measurement of the finished sweater. Tricia finding her full bust measurement
Actual Bust MeasurementWhy we care: This is a measure of your body, which you add/subtract ease and styling factors to, and thus determine which finished bust size to make.What it IS: Your Full Bust Measurement, which is the circumference of your chest at its fullest/curviest/most voluptuous point.What it is NOT: This is NOT your bra band size! It is also not your underbust measurement, nor your high bust measurement.How to find it: Wearing the undergarments you would wear with a knitted top of the type you're intending to make, wrap a flexible tape measure around your bust. Make sure the tape lays flat, and goes only over your chest and shoulderblades, not over your arms or your cat or anything else. Wrap the tape around the biggest part of your bust. Breathe normally, and measure--do not hold your breath!
Ease FactorWhat is ease? Simply put: Ease is the extra fabric that allows space between you and your garments--space for things like moving, breathing, comfort, and extra layers of other clothing. The greater the ease in a pattern, the more fabric there is, and thus the more roomy space there is between you and your sweater. Negative ease means that there isn't any fabric to spare, that the fabric actually must stretch to cover your body. The more negative ease in a pattern, the more the fabric must stretch over a given curve.In other words: Positive ease: loose-fitting. Negative ease: curve-hugging and clingy.
There's lots more to getting to know the Real You: long waist, short arms, height, shape, and so forth.
Write down what you THINK your measurements are, before you break out the measuring tape. This information might be very enlightening after you've found out what the real you is--you might find out that you were knitting for an imaginary gal and not for your real self at all! Then check out the How To Measure Yourself page and see if you find you???
1. What is/are your favorite yarn/s to knit with? What fibers do you absolutely *not* like? I love cotton yarn of any type and I also love Alpacca, I am just getting into wool as I just started to felt so any type of wool too. I like them all so I guess the answer to that is none..2. What do you use to store your needles/hooks in? I have aplastic zip up case right now for my hooks but they don't fit so I need to get a new one.3. How long have you been knitting & how did you learn? Would you consider your skill level to be beginner, intermediate or advanced? let's see over 20 yrs, wow time flies and I first learned from my mom when I was 9 yrs old...she was extrememly talented and taught me how to crochet first and then knit. I would say I am an advanced crocheter and maybe high beginner knitter to intermediate.4. Do you have an Amazon or other online wish list? yes I have an amazon listed under "dbvbookwurm"5. What's your favorite scent? I love cinnamon and coconut6. Do you have a sweet tooth? Favorite candy? dark chocolate...yum7. What other crafts or Do-It-Yourself things do you like to do? Do you spin? oh my I do a lot..I sew and make purses, clothes, and other intems, make jewelry, and I am a teacher so I do many paper projects and paper mache...8. What kind of music do you like? Can your computer/stereo play MP3s? (if your buddy wants to make you a CD) I love celtic music and classic rock, and country, I like all music but not real fond of old country style or jazz as much9. What's your favorite color(s)? Any colors you just can't stand? I love pink and burgundy, but I like all colors that are bright and colorful, not into the dark colors except I do like bl&white10. What is your family situation? Do you have any pets? I am married and no kids at home all grown up now, I have fish, 1 dog, and 1 cat who thinks she owns the house. Don't they all?11. Do you wear scarves, hats, mittens or ponchos? yes, yes, no, for mittens, I live in So. CA. so its a bit warm for that, and yes on the last one.12. What is/are your favorite item/s to knit? purses13. What are you knitting right now? a purse of course, I usually design my own and make them for others or to sell14. Do you like to receive handmade gifts? yes yes yes of course15. Do you prefer straight or circular needles? Bamboo, aluminum, plastic? circular, bamboo and plastic16. Do you own a yarn winder and/or swift? no???17. How old is your oldest UFO? hmmmmits about 1 1/2 yrs old. its an intarsia purse that I am having a lot of problems with so I put it down for a bit...well for awhile ...18. What is your favorite holiday?I love Christmas and Halloween19. Is there anything that you collect? oh my lots, tea pots, music boxes, key chains, bookmarks, stitckers, Marilyn Monroe stuff, yarn of course20. Any books, yarns, needles or patterns out there you are dying to get your hands on? What knitting magazine subscriptions do you have? oh yes please see my Amazon wish list, and I would love Quick & Easy Crochet magazine21. Are there any new techniques you'd like to learn? Yes the invisible two sided knitting and Tunisian?22. Are you a sock knitter? What are your foot measurements? I am just learning that..I am a size 623. When is your birthday? April 4th24. Are you on Ravelry? If so, what's your ID? yes I am waiting for my acceptance still #
Wednesday, August 22, 2007
Hello Hello... I am back...wowowowow...2 weeks of glorious R&R lots of crocheting and reading and writing...I loved it... But my router burned up so I have to use my hubby's anchient puter till the new one comes in the mail. Now you think with all this modern technology they would find a faster way to accommodate me???? I mean Verizon get it together...And to beat it all further, all my important info is on my puter so I am stuck trying to get to all my sites and catch up on email here on his puter... plus this router was only 1 yr and 4 days old.. They tried to get us stuck with a $149.00 bill for a new one but hubby told them a few choice words. *&%$!!@## so they changed their minds.. I mean we only have 2 house phones, one cabin phone, 2 cell phones, and our fiber optices Internet service with them...Jeezzzzzz....
Ok enough of that.. On to the vacation...WEllll we went to Bass Lake and it was soo pretty there in the high 90s and water was warm. John brought up his boat so we got to enjoy the lake and cruise all around. Hubby took me shopping and I got 3 great dresses...Thank you!!! One long sleeveless beach print navy, 2 orange print hawaiian style ones and more souvenirs.. :) Then we went off to Pismo Beach and I shopped again and got a tote bag and sweatshirt zip-up in peach to match...then we rented a little bicycle built for two with the surr on top ...I have to add a picture when i get on my computer..They are all there... We even got Foxy to ride in it.. It was a little cooler there as we were camped right on the ocean, but I loved it. Also took a day trip to Morro Bay.. Always a favorite of mine.. :) But glad to be back..
During World War I Americans of all ages were asked by the United States government to knit wool socks, sweaters, and other garments to warm American soldiers at home and abroad. Most of this knitting was produced by volunteers working under the auspices of the American Red Cross. During the course of the war more than 6,000 Seattle-area knitters as well as knitters from other parts of the state produced hundreds of thousands of knitted items for the war effort. The United States declared war on Germany on April 6, 1917. Germany surrendered and the war was over on November 11, 1918.
In May 1918 the Seattle School Bulletin printed this patriotic knitting song:
Johnnie, get your yarn,
get your yarn, get your yarn;
Knitting has a charm,
has a charm, has a charm,
See us knitting two by two,
Boys in Seattle like it too.
Hurry every day,
don’t delay, make it pay.
Our laddies must be warm,
not forlorn mid the storm.
Hear them call from o’re the sea,
‘Make a sweater, please for me.’
Over here everywhere,
We are knitting for the boys over there,
It’s a sock or a sweater, or even better
To do your bit and knit a square.
Be sure to turn the music on the side by to stop position before you play this!
Ok I am going Knitting Crazy here:
This is so cool...When the knitties planet starts eating them they have to take drastic action!Winner of Best Animation at The 2007 UK National Student Film Festival.Made by Max Alexander - www.maxsworld.co.ukMusic by The Stabilisers - www.thestabilisers.com (more)
Monday, August 06, 2007
This wonderful 60s Vintage crochet site I found while surfing on Robin's blog. What great dresses and they are also made in larger sizes!!!! How cool is that??
Now this is thecutest little tote bag for anyone, not just the kiddys and it is easy to make out of a towel none the less. I just bought some beach towels at Kmart that were 50% off because they are starting to get in Fall items, anyways I am going to make a much larger one for me.Randi gives you a complete tutorial on how to make these cute and simple bags. Also she has some wonderful other items to see too!
Cafe Press is one of my favorite sites to get items that are personalized and this little guy is the adorable!!!
Catherine at Cat Can Cook, how cute is that name, has another easy tutorial to help anyone make a tote bag!
If your a cat lover as I am then check out the Adoption Center of Virtual Squillion . And get your "squillion kitty now!!!
Wednesday, August 01, 2007
Wow my ITE arrived!! I love it. I mean the tote bag is huge and my favorite color...PINK!!! The handle is long and great for all my yarn projects!!! Thank you soooo much Anne...and I loved the pattern book ans yarn, and candles,and the yarn chart is perfect, it was a great package!!! Thank you Thank you !!!!!
Patterns Free or Buy
Check out Point Breeze Designsfor handmade items, bags, house hold items, everything for the whole family,and now "Treasures Again" in their PBD's Atticfor all your second-hand treasures. Its like E Bay without havingto bid! And be sure and bookmark thesite as it adds new items weekly!!!
Some of my Own Designs
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"Friendship isn't about who you have known the longest...It's about those who came and never left your side."
Quote:
Einstein once said, 'The definition of insanity is doing the same thing over and over again and expecting different results.' I must be insane then??? Since I crochet over and over again!! What would Einstein say to doing that I wonder? |
Never even THINK about trying to fight this thing. Just run as fast as you can, hide anywhere you think is safe, and pray that he does not find you. It won't do you much good, but it is worth a try. |
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Ebola outbreak: Infected American will share story when ready
Don't dismiss Dr. Kent Brantly as a saint or a fool, writes friend and Fort Worth doctor David McRay.
Dr. Kent Brantly, pictured here on right working at an Ebola isolation ward in Liberia, was brought back to the U.S. after contracting the deadly disease. (GETTY IMAGES)
By David McRaySpecial to The Washington Post
Sat., Aug. 16, 2014
On July 26, I was having dinner with friends in San Antonio when an international call came in. I answered to hear the calm, quiet, tired voice of my friend Kent Brantly, who had phoned me eight days earlier to see whether I knew anyone who could go to Liberia and help at the ELWA Hospital in Monrovia for a few weeks. Kent and his colleagues were growing weary. He had left his general duties and was directing the Ebola isolation unit, overseeing the facility’s response to the worsening epidemic in West Africa. He was not asking me to send a doctor to help care for Ebola patients; he just needed someone who could take his place in the call rotation and provide a little relief for the other doctors.
He had sounded very tired during the earlier call, and I assumed this was a followup. But Kent’s tone was different and the news he shared made my knees weak, forcing me to sit down. Kent was in quarantine with a fever. A blood test showed that he had contracted the Ebola virus.
The days that followed were surreal, as we waited for news about Kent’s condition (and that of his friend and co-worker, Nancy Writebol, whom I do not know). Kent’s life seemed to spin out of control, or at least his story did, quickly moving beyond his ability to manage it and his strength to tell it.
At this moment, Kent is living a very private and personal story of faith, commitment, illness and recovery. But TV pundits, bloggers, Facebook fans, people on the street and around the world, friends and colleagues, church members and former teachers (like me) — just about everyone — know the story, or at least we think we do. It’s been told, retold and incorrectly told countless times, in every possible medium. Kent has been venerated as a saint and vilified as a menace. He would, I am confident, be the first to say he is not a saint. I will be the strongest voice stating he is not a menace or an idiot.
Kent and his family spent many evenings in my home during the four years of his training in Fort Worth. He and his wife travelled with me to Haiti to provide humanitarian relief in remote villages. Kent and I spent long hours operating together in a busy obstetrical ward in Uganda. He is an exceptional young man, and his wife is a truly remarkable young woman. But they will readily admit that they are not unique. In Liberia, they worked alongside other doctors, nurses and missionaries who made similar sacrifices and took similar risks.
Article Continued Below
Kent found himself in the middle of the worst Ebola epidemic ever and, therefore, joined the long line of physicians throughout history who have chosen to care for patients with contagious, often deadly, diseases — pandemic influenza, plague, tuberculosis, malaria, cholera and now Ebola. Like Kent, some of these, quite tragically, became infected with the pathogen that was killing their patients.
Kent did not leave his family behind and head to Africa to treat Ebola; his family went with him, in October, to the relative safety and security of an established mission hospital in Liberia, where he went to work as a family doctor. Then, when Ebola came, he stayed, and his wife chose to stay with him. Fortunately, she and their children returned home for a wedding a few days before he got sick. Kent had been scheduled to follow. They were supposed to be staying in my home, sharing breakfast around the table where I am writing this.
Kent and I spoke on the phone again on the Monday the story seemed to take off around the world. He emailed me a message to read at a news conference at our hospital. He did not, as was widely reported, say he was “terrified.” That was my word, my emotion, projected impulsively onto Kent in response to a reporter’s question about how Kent sounded. I was terrified for him. He was lying alone in his bed, ill and getting worse, halfway around the world from his family, staring in the face of a horrifying death from hemorrhagic fever. Who wouldn’t be “scared” (the reporter’s word) or “terrified” (mine)? But Kent has never — at least not to me — used that word or expressed that emotion. It’s another way this story has spun out of control.
When Kent is well and has the strength, I am sure he and his wife will tell their story. Then we can all know exactly why they went to Liberia, why they stayed when Ebola turned their world upside down, how they felt as Kent’s condition deteriorated and how they have responded to becoming international celebrities, a status they never sought or wanted. There will be a time and a place to discuss their decisions; a time and a place to discuss the ethics of experimental serums and emergency evacuations and bringing home Americans infected with frightening viruses. Kent will, I believe, have a contribution to make to that debate.
Until then, perhaps we can all pause and allow them some space to live this tragedy. Allow them to be human — strong, committed, faithful, resilient young people, but somewhat fragile, nonetheless.
Kent’s story is powerful and moving, even more so because it is such a human story. Dorothy Day, the famous social activist, once said: “Don’t call me a saint. I don’t want to be dismissed so easily.” I would ask the same for Dr. Kent Brantly. Don’t dismiss him as a saint. Don’t dismiss him as a menace or a fool. And, please, when you feel compelled to denounce the decision to bring him home to recover from this terrible disease, just ask yourself one simple question: “What would I want to be done if Kent were my son, or husband, or father, or friend?”
David McRay is director of maternal-child health for the JPS Health Network in Fort Worth.
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Platypnea-orthodeoxia: clinical profile, diagnostic workup, management, and report of seven cases.
Platypnea-orthodeoxia is a rare and poorly understood syndrome of orthostatic accentuation of a right-to-left shunt, usually across a patent foramen ovale. The syndrome is most commonly recognized in patients with a history of a major pulmonary disorder such as pneumonectomy, recurrent pulmonary emboli, or chronic lung disease. Pulmonary artery pressures are typically normal. The physiologic mechanism is unknown. We recommend that initial assessment consist of measurement of blood gases with the patient in the supine and upright positions. Orthostatic desaturation should prompt further investigation. A definitive diagnosis can most easily be obtained by tilt-table two-dimensional echocardiography with peripheral venous contrast medium. The shunt can be localized at the atrial level and directly visualized and semiquantitated. The decision about surgical closure of the patent foramen ovale is based on the degree of clinical disability. Because a significant shunt is manifest only in the upright position, astute clinical suspicion is of paramount importance for proper diagnosis. Increased awareness of this syndrome and ease of echocardiographic diagnosis will facilitate recognition of this potentially treatable cause of orthostatic hypoxia. |
The Oregon Health Plan: a rational approach to care for the underserved.
The Oregon Health Plan addresses the needs of 450,000 Oregonians presently without health insurance, among them 120,000 living in poverty who are not now Medicaid-eligible. This is accomplished by expanding eligibility for Medicaid to individuals and families with incomes at 100 percent of the federal poverty level. T0 help expand access within the limitations of the state budget, certain services, determined to be of limited value or effectiveness, are not covered for payment. This concept of rationing health care reimbursement stands in contrast to existing mechanisms of rationing employed by every state and the nation. The Oregon Health Plan introduces a rational plan for expanding services to the entire population of the state, while acknowledging the limitations of funding resources. |
The pancreas and biliary system together form an important part of the digestive system. The pancreas and liver produce digestive fluids (pancreatic juice and bile) which help in the process of digestion (i.e., the breakdown of foods into parts which can be absorbed easily and used by the body). These digestive fluids are passed through the pancreatic duct and ducts of the biliary system prior to exiting into the intestine. Blockage of any of these ducts by, for example, a cancer, gallstone or scarring, may result in the duct becoming backed up and filled with fluid, requiring drainage. |
Ab initio based potential energy surface and kinetics study of the OH + NH3 hydrogen abstraction reaction.
A full-dimensional analytical potential energy surface (PES) for the OH + NH3 → H2O + NH2 gas-phase reaction was developed based exclusively on high-level ab initio calculations. This reaction presents a very complicated shape with wells along the reaction path. Using a wide spectrum of properties of the reactive system (equilibrium geometries, vibrational frequencies, and relative energies of the stationary points, topology of the reaction path, and points on the reaction swath) as reference, the resulting analytical PES reproduces reasonably well the input ab initio information obtained at the coupled-cluster single double triple (CCSD(T)) = FULL/aug-cc-pVTZ//CCSD(T) = FC/cc-pVTZ single point level, which represents a severe test of the new surface. As a first application, on this analytical PES we perform an extensive kinetics study using variational transition-state theory with semiclassical transmission coefficients over a wide temperature range, 200-2000 K. The forward rate constants reproduce the experimental measurements, while the reverse ones are slightly underestimated. However, the detailed analysis of the experimental equilibrium constants (from which the reverse rate constants are obtained) permits us to conclude that the experimental reverse rate constants must be re-evaluated. Another severe test of the new surface is the analysis of the kinetic isotope effects (KIEs), which were not included in the fitting procedure. The KIEs reproduce the values obtained from ab initio calculations in the common temperature range, although unfortunately no experimental information is available for comparison. |
When to Call an Electrician about Household Power Surges
Categories: Electrical Services, Tips for Your Home
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A power surge occurs when voltage exceeds the normal flow of electricity. Surges differ from power spikes because the uninterrupted voltage increase lasts for more than a few seconds. Because voltage surges are unexpected and may have devastating consequences, solving power surge issues in Cincinnati is vital to the safety of your family and home.
Power Surge Causes
Power line surges: When a utility company has problems with its transformers or lines, customers may experience a power surge. The same is true if high winds, ice storms, animals, fallen trees or car-pole crashes disrupt the electricity in power lines.
Lightning strikes hitting homes, power lines or areas of the ground near utilities: Cloud-to-ground lightning strikes that are several miles away from your home have the potential do damage.
Faulty or old wiring: When solving power surge issues in Cincinnati, some electricians find that appliances may cause a surge in electrical currents if a home has older or poor electrical wiring.
Short Circuits and tripped circuit breakers: Circuits shorting in an electrical system and tripped breakers may lead to a voltage surge. When this occurs, you may need an electrician to rewire your home or a handyman service to install a new breaker box.
Normal operation of appliances and household equipment: Normal, everyday electrical equipment tends to be the main culprit behind power surges. High-power appliances that cycle on an off—like HVAC systems, washing machines, refrigerators and pumps—are among the leading causes of voltage spikes.
At minimum, power surges damage home electronics. Without proper surge protection, a voltage spike can start a fire. Mitigate this hazard by installing a whole-house surge suppression device. Because of the risk of electrocution and the need for different surge protecting devices for communication lines, it is best to hire a professional to install a surge protector for your home.
Solving power surge issues in Cincinnati should occur before the next big storm or power outage. To learn more about our handyman services and installing whole-house surge protectors, contact Apollo Home Heating, Cooling and Plumbing at 513-271-3600. We’ve proudly served the greater Cincinnati, Ohio, area since 1910. |
Q:
Dovecot – Can send, not receive mail (visable in mail queue) Where is email?
Mail queue administration say’s:
Received from myemail@adres.com H=mail-wm0-f44.google.com [74.125.82.44] P=esmtps X=TLSv1.2:ECDHE-RSA-AES128-GCM-SHA256:128 CV=no S=3663 DKIM=gmail.com id=CALSm3d9r2Qd9JcO-AFg+inZmKheuq0w9PzErUv98tjh0bg5KmQ@mail.gmail.com T="Re: test mail "
myemail@adres.com R=virtual_user T=dovecot_lmtp_udp defer (-1): Failed to connect to socket /var/run/dovecot/lmtp for dovecot_lmtp_udp transport: No such file or directory
/var/log/exim/mainlog
1fT4jr-0005si-Ro for myemail@adres.com
cwd=/var/spool/exim 3 args: /usr/sbin/exim -Mc 1fT4jr-0005si-Ro
1fT4jr-0005si-Ro == myemail@adres.com R=virtual_user T=dovecot_lmtp_udp defer (-1): Failed to connect to socket /var/run/dovecot/lmtp for dovecot_lmtp_udp transport: No such file or directory
/etc/dovecot/dovecot.conf
## Dovecot 2.0 configuration file
#IPv4
#listen = *
#IPv4 and IPv6:
listen = *, ::
protocols = imap pop3 lmtp
auth_username_chars = abcdefghijklmnopqrstuvwxyzABCDEFGHIJKLMNOPQRSTUVWXYZ01234567890.-_@&
auth_verbose = yes
disable_plaintext_auth = no
login_greeting = Dovecot DA ready.
mail_access_groups = mail
default_login_user = dovecot
mail_location = maildir:~/Maildir
default_process_limit=512
default_client_limit=2048
passdb {
driver = shadow
}
passdb {
args = username_format=%n /etc/virtual/%d/passwd
driver = passwd-file
}
protocols = imap pop3
service auth {
user = root
}
service imap-login {
process_min_avail = 16
user = dovecot
}
service pop3-login {
process_min_avail = 16
user = dovecot
}
ssl_cert = /etc/exim.cert
ssl_protocols = !SSLv2 !SSLv3
ssl_cipher_list = ALL:!ADH:RC4+RSA:+HIGH:+MEDIUM:-LOW:-SSLv2:-EXP
ssl_key = /etc/exim.key
userdb {
driver = passwd
}
userdb {
args = username_format=%n /etc/virtual/%d/passwd
driver = passwd-file
}
verbose_proctitle = yes
protocol pop3 {
pop3_uidl_format = %08Xu%08Xv
pop3_logout_format = top=%t/%p, retr=%r/%b, del=%d/%m, size=%s, bytes=%i/%o
}
mail_max_userip_connections = 15
remote 127.0.0.1 {
mail_max_userip_connections = 40
}
# LMTP socket for local delivery from exim
service lmtp {
executable = lmtp -L
process_min_avail = 16
unix_listener lmtp-client {
user = mail
group = mail
mode = 0660
}
}
protocol lmtp {
log_path = /var/log/dovecot-lmtp-errors.log
info_log_path = /var/log/dovecot-lmtp.log
postmaster_address = postmaster@HOSTNAME
}
I have recent update Centos, Directadmin & database, before that i never had any problems.
A:
The problem was dovecot
I have found the solution that worked for me.
cd /usr/local/directadmin/custombuild
./build update
./build exim
./build exim_conf
mv /etc/dovecot /etc/dovecot~moved
./build dovecot
./build dovecot_conf
|
Highly efficient graphene-on-gap modulator by employing the hybrid plasmonic effect.
We propose a highly efficient graphene-on-gap modulator (GOGM) by employing the hybrid plasmonic effect, whose modulation efficiency (up to 1.23 dB/μm after optimization) is ∼12-fold larger than that of the present graphene-on-silicon modulator (∼0.1 dB/μm). The proposed modulator has the advantage of a short modulation length of ∼3.6 μm, a relatively low insertion loss of ∼0.32 dB, and a larger modulation bandwidth of ∼0.48 THz. The physical insight is investigated, showing that both the slow light effect and the overlap between graphene and the mode field contribute. Moreover, an efficient taper coupler has been designed to convert the quasi-transverse electric mode of conventional silicon waveguide to the hybrid plasmonic mode of GOGM, with a high coupling efficiency of 91%. This Letter may promote the design of high-performance on-chip electro-optical modulators. |
HBO has sent out their Emmy submissions for this year’s awards and, as you might expect, Game of Thrones is heavily featured. Gold Derby has the full list of this year’s submissions from HBO’s For Your Consideration package. Here are the Thrones submissions:
Game of Thrones submitted for Best Drama Series
Best supporting actor submissions are Peter Dinklage, Alfie Allen, Kit Harington, Richard Madden
Best supporting actress submissions are Emilia Clarke, Lena Headey, Michelle Fairley, Maisie Williams, Sophie Turner
Gold Derby reminds us that these are the network’s submissions, and that the actors themselves are able to submit their role for consideration, if they wish.
Winter Is Coming: Solid choices. The lack of any lead acting nominees is a departure from last year. I think they realize with this ensemble cast, no one actor has enough scenes to stand a chance against other leads from other shows (although Dinklage comes close). Very happy to see Maisie and Sophie submitted this year! Disappointed that Jack Gleeson wasn’t also submitted, as he has been doing great work as Joffrey. Also Conleth Hill may have warranted a submission as Varys. Other than that, I think the submissions are good. Now we have to hope for some nominations! |
Article content
CALGARY — A seven-year-old boy who died from a treatable strep infection three years ago lived in squalor and was treated with dandelion tea and oil of oregano instead of antibiotics, a trial heard Monday.
Tamara Lovett, 47, is charged with failing to provide the necessaries of life and with criminal negligence causing the death of her son. Ryan Alexander Lovett died in March 2013 after getting a strep infection that kept him bedridden for 10 days.
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tap here to see other videos from our team. Try refreshing your browser, or ‘All he needed was antibiotics’: Calgary boy who died from strep lived in squalor, trial hears Back to video
Prosecutor Jonathan Hak said in his opening arguments in a Calgary courtroom that the family lived off the grid in a dark, dirty apartment. The boy’s birth had never been registered.
An autopsy revealed the boy had contracted Group A streptococcus infection and pneumonia. The official cause of death was sepsis which brought on multi-organ failure.
“In the last days of his life, Ryan was actively dying,” the prosecutor said.
Hak said Ryan’s heart was infected, he had meningitis and his immune system was exhausted. He could fight no more. |
Watford (A) aftermath – how can Malky stop the rot?
Another defeat by a single goal. The Darkside pessimists had suggested that Latics would get badly beaten at Watford. That was not the case, but it is another bad result for Malky Mackay. He has an unenviable record for a new manager of one point gained in four games in charge. Can Mackay turn things around or are Latics heading for League 1?
Seeing the lineup for today’s match gave many of us a sense of foreboding. Not a single recognized central striker on the field, but two on the bench. Was Mackay planning to keep things tight and maybe steal it from a set piece?
In the event Mackay chose to deploy James McClean in the lone striker role. McClean’s strengths are his energy and his pace, but finishing is not his forte. Has the manager already written off the other strikers at the club when he has not seen most of them play in the Championship during his time at the club? Andy Delort might well think that. The Frenchman was brought on in the 86th minute. It would seem rather late but at least it was two minutes earlier than his entrance against Norwich. It can hardly be good for the player’s self -confidence.
Once again Mackay relied on the old guard, shunning the Rosler signings with the exception of Don Cowie and Andrew Taylor who played for him at the two clubs he previously managed. Up to this point it is not bearing fruit and the fans’ patience is wearing thin.
Fans who had been unhappy about Uwe Rosler’s team selections and formations are now seeing a similar pattern with Mackay. Many will say that nothing seems to have changed since Mackay arrived. The team is playing in the same way as before so what was the point of dismissing Rosler? The central striker has continued to be “lone” in the true sense of the word and sloppy defence has given away games which Latics might have won.
In 2012 Wolves had come down to the Championship division after three years in the Premier League. Over the summer they had sold Steven Fletcher (£14m) and Matt Jarvis (£11m) and paid around £2.4m for Bjorn Siguroarson, £2.7m for Bakary Sakho and £2m for Tongo Doumbia. Stale Solbakken had been brought in as manager.
By early October Wolves were in third place, with promotion looking within their grasp. Keen to get rid of the culture remaining from the days of Mick McCarthy as manager, Solbakken had sought empower the players. However, over the next three months Wolves started to drop down the table. There was a lack of discipline, training had become less than stimulating and the manager was largely unprepared to read the riot act when things went wrong on the field of play. Solbakken was sacked in early January after his team got knocked out of the FA Cup by non-league Luton. Dean Saunders was appointed to become Wolves’ fourth manager in twelve months, but he was unable to stop the slide and a 23rd place finish saw them relegated.
What happened to Wolves is a sobering prospect for Wigan Athletic followers. The situations differ but there are certain parallels. Unlike Wolves being relegated in their first season back in the Championship, Latics did well. Reaching the playoffs, the FA Cup semi-final and being robbed of progress in the Europa League by a dubious refereeing decision was quite an achievement. However, the rot was setting in in the latter stages of last season and it has continued up to now. Wolves had a wage bill of £25m with lots of players seasoned in the Premier League, but could not hack it in the Championship. Changing managers did not help Wolves, as Saunders could not better Solbakken in terms of results. Latics fans will be hoping that is not going to be the case with Mackay following Rosler.
In March 2013 ex-Wolves winger and BBC pundit Steve Froggatt was quoted as saying: “The team had been on an irreversible slide for a long period of time and Deano had identified what needed changing. I think the board must have thought: ‘If we can get by to the end of this season, then we’ll rebuild for next.’ But having seen the team all year, they should have seen that it was bereft of confidence and ideas. It’s almost that they’ve now decided to bring in one or two players well after the horse has bolted.”
It is to be hoped that Dave Whelan will take note of the board’s fateful decisions at Wolves. Mackay has already talked about offloading players in the January transfer window and bringing in at least a couple of new ones. More than anything else Mackay needs to build an organizational culture upon which he can bring things forward. Each of the previous managers – Martinez, Coyle and Rosler – had their own ideas about how football should be played. There has not only been turnover at managerial level but also in coaching and support staff. Latics are once again in the midst of a culture change within the club.
The result at Watford could have been a lot worse. Moreover Latics had been the more dominant team in the second half until sloppy defence enabled the Hornets’ winner after 82 minutes. But it is yet another defeat.
Mackay has hardly impressed in his brief stay up to this point. However, changing the mentality of a group of players who have got used to not winning is not an easy matter. It is going to take time. It is to be hoped that arrivals and departures over the January transfer window will catalyse the change in culture that Mackay seeks.
In the meantime we will have to see if Mackay will continue to rely on an old guard which has largely let him down.
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Yes, I would have gone for Fortune and Delort up front just to mix things up a bit. I have a feeling we have become too predictable. My main concern at the moment is our defence. This might sound like I’m clutching at straws a bit, but the FA cup comp may help to turn things around.
Before you become too critical of Malky, just look at the opposition you have faced since he took over Middlesborough, Sheffield Wed. Norwich & Watford, all clubs doing well or challenging for promotion. You have enough players of quality in your squad and yesterday you looked good, particularly in the middle period of the game. Have faith in Malky, he is a very good manager and he will turn things round for you. Good luck!
Personally I would get back to basics with a 4-4-2. Carson / Al Habsi (or hopefully Nicholls soon); Perch, Ramis, Barnett, Taylor; Tavernier, McCann, Kvist / Cowie, McClean; McManaman, Delort. McManaman plays best in a second-striker role and he is our most dangerous attacking player. At the start of the season he was flying in this role, so we need to get back to this. Also I think Tavernier should be played in right midfield because he is quality on the ball but not great at defending, with one of Kvist or Cowie shielding the back four in defensive midfield. |
Q:
How to convert unicode original python type
I am posting such data using postman rest client.
{ 'name':"xyz",
'data':[{'age': 0, 'foo': 1}, {'age': 1, 'foo': 1}]
}
I am geting data as unicode so I could not fetch dictionary value from this type of data.
what I am doing
def post(self, request):
d = request.DATA
# here prints right data if we "print d"
# but d is unicode so we could not access dictionary
for item in d['data]:
print item
How I convert unicode into list as well as list item in dictionary so I can access dictionary items.
Note I am using django rest framework.
A:
You can use ast.literal_eval:
>>> from ast import literal_eval
>>> data = u'{ \'name\':"xyz", \'data\':[{\'age\': 0, \'foo\': 1}, {\'age\': 1, \'foo\': 1}]}'
>>> dic = literal_eval(data)
>>> dic['data']
[{'age': 0, 'foo': 1}, {'age': 1, 'foo': 1}]
>>>
|
// Copyright 2015-2020 Espressif Systems (Shanghai) PTE LTD
//
// Licensed under the Apache License, Version 2.0 (the "License");
// you may not use this file except in compliance with the License.
// You may obtain a copy of the License at
//
// http://www.apache.org/licenses/LICENSE-2.0
//
// Unless required by applicable law or agreed to in writing, software
// distributed under the License is distributed on an "AS IS" BASIS,
// WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
// See the License for the specific language governing permissions and
// limitations under the License.
#pragma once
#ifdef __cplusplus
extern "C" {
#endif
#include <stdint.h>
typedef volatile struct {
union {
struct {
uint32_t user_id_fn1: 16;
uint32_t device_id_fn1: 16;
};
uint32_t val;
} cfg_data0;
union {
struct {
uint32_t sdio_enable: 1;
uint32_t sdio_ioready1: 1;
uint32_t highspeed_enable: 1;
uint32_t highspeed_mode: 1;
uint32_t sdio_cd_enable: 1;
uint32_t sdio_ioready2: 1;
uint32_t sdio_int_mask: 1;
uint32_t ioenable2: 1;
uint32_t cd_disable: 1;
uint32_t func1_eps: 1;
uint32_t emp: 1;
uint32_t ioenable1: 1;
uint32_t sdio20_conf0: 4;
uint32_t sdio_ver: 12;
uint32_t func2_eps: 1;
uint32_t sdio20_conf1: 3;
};
uint32_t val;
} cfg_data1;
uint32_t reserved_8;
uint32_t reserved_c;
uint32_t reserved_10;
uint32_t reserved_14;
uint32_t reserved_18;
union {
struct {
uint32_t pin_state: 8;
uint32_t chip_state: 8;
uint32_t sdio_rst: 1;
uint32_t sdio_ioready0: 1;
uint32_t reserved18: 14;
};
uint32_t val;
} cfg_data7;
uint32_t cis_conf0; /**/
uint32_t cis_conf1; /**/
uint32_t cis_conf2; /**/
uint32_t cis_conf3; /**/
uint32_t cis_conf4; /**/
uint32_t cis_conf5; /**/
uint32_t cis_conf6; /**/
uint32_t cis_conf7; /**/
union {
struct {
uint32_t user_id_fn2: 16;
uint32_t device_id_fn2: 16;
};
uint32_t val;
} cfg_data16;
uint32_t reserved_44;
uint32_t reserved_48;
uint32_t reserved_4c;
uint32_t reserved_50;
uint32_t reserved_54;
uint32_t reserved_58;
uint32_t reserved_5c;
uint32_t reserved_60;
uint32_t reserved_64;
uint32_t reserved_68;
uint32_t reserved_6c;
uint32_t reserved_70;
uint32_t reserved_74;
uint32_t reserved_78;
uint32_t reserved_7c;
uint32_t reserved_80;
uint32_t reserved_84;
uint32_t reserved_88;
uint32_t reserved_8c;
uint32_t reserved_90;
uint32_t reserved_94;
uint32_t reserved_98;
uint32_t reserved_9c;
uint32_t reserved_a0;
uint32_t reserved_a4;
uint32_t reserved_a8;
uint32_t reserved_ac;
uint32_t reserved_b0;
uint32_t reserved_b4;
uint32_t reserved_b8;
uint32_t reserved_bc;
uint32_t reserved_c0;
uint32_t reserved_c4;
uint32_t reserved_c8;
uint32_t reserved_cc;
uint32_t reserved_d0;
uint32_t reserved_d4;
uint32_t reserved_d8;
uint32_t reserved_dc;
uint32_t reserved_e0;
uint32_t reserved_e4;
uint32_t reserved_e8;
uint32_t reserved_ec;
uint32_t reserved_f0;
uint32_t reserved_f4;
uint32_t reserved_f8;
uint32_t date; /**/
} hinf_dev_t;
extern hinf_dev_t HINF;
#ifdef __cplusplus
}
#endif
|
Methamphetamine {#s1}
===============
Amphetamines refer to a class of chemically related compounds that have been used extensively over the last century in both recreational and medicinal settings, with various amphetamine analogs used in the treatment of narcolepsy, attention deficit hyperactivity disorder (ADHD) and obesity ([@B1], [@B2]). Methamphetamine (METH; N-methyl-alpha-methylphenethylamine) is a highly potent amphetamine derivative that is frequently abused worldwide and has significant effects on physical, behavioral, cognitive and psychiatric output ([@B3]). It is a cationic molecule and chiral compound based around a phenylethylamine core ([@B4]), and distinguishable from its amphetamine analogs by an additional methyl group. This methyl addition reportedly makes METH highly lipophilic, thereby allowing it to increasingly penetrate the blood-brain barrier ([@B5]). This causes changes to dopaminergic, serotonergic, and noradrenergic systems via the stimulated release of monoamines, the inhibition and reversal of monoamine reuptake, inactivation of presynaptic vesicular monoamine transporter 2, and by reducing the efficacy of monoamine metabolic enzymes ([@B6]--[@B10]). Although all three monoamine systems are involved, the behavioral and reinforcing properties of METH have typically been associated with dopaminergic neurotransmission, particularly in the mesocorticolimbic pathway ([@B11], [@B12]).
Epidemiological studies place amphetamine-type stimulants as the most widely used illicit drug in the world after cannabis ([@B13], [@B14]), with up to 51 million users globally between 15 and 64 years old ([@B15]--[@B17]). Worldwide statistics on METH use describe it as a global phenomenon, with METH consumption reportedly independent of wealth, geographical location, and culture ([@B18]). Recent reports suggest an increased production of METH around the world and an increasing popularity of METH over the last 5--15 years, which has been linked to increased ease and cost-effective synthesis in clandestine laboratories and augmented importation of METH from Mexico and Asia ([@B16], [@B19]). Indeed, worldwide seizures relating to METH have been greater than any other drug category ([@B17]). Additionally, admissions to treatment programs for METH use increased 255% from 1997 to 2007 in the USA ([@B20], [@B21]), although there is some evidence that the rate of admissions for METH in the USA have remained stable or slightly declined from 2004 to 2014 ([@B22]). In Australia, there has been a 233% increase in demand for METH related treatment and a 274% increase in METH related hospital admissions since 2010 ([@B23], [@B24]), with Queensland specifically witnessing a 20-fold increase in METH related hospital admissions from 2009 to 2015 ([@B25]).
METH is available in various forms and at different levels of chemical purity. When injected, snorted, or inhaled, METH has direct access to the circulatory system and therefore has more immediate effects on the brain ([@B26], [@B27]). Given that the negative consequences of METH are associated with the use of more potent forms of the drug and with hazardous routes of administration (i.e., injection), the increased availability of crystalline METH on the illegal market had resulted in a significant increase in METH\'s popularity amongst dependent and intravenous drug-taking populations ([@B28]). Indeed, while 22% of METH users reported that crystallized METH was their drug of choice in 2010 ([@B29]), this had increased to 50% by 2013 ([@B30]). These trends are salient given the potential for addiction and overdose with more potent forms of METH administration.
Acute methamphetamine psychosis {#s2}
===============================
Dependency to METH, together with high doses and recreational METH use, have all been associated with the induction of psychotic symptoms, including auditory and visual hallucinations, persecutory delusions, ideas of reference, and disorganized speech ([@B31]--[@B33]). The idea that METH use could induce a psychotic state has long been recognized by clinicians in Japan, who increasingly observed psychosis in their METH-dependent patients ([@B34]). The early identification of this relationship was due, in part, to the high prevalence of METH use together with the absence of polydrug use, thereby enabling clinicians to isolate the link between METH and psychosis without the confound of additional substance use ([@B35]).
Research has shown that METH psychosis is a prevalent health concern among recreational users. Studies on prevalence rates have varied between 7% ([@B32]) up to 76% ([@B36]), with a recent meta-analysis indicating that the prevalence of METH-induced psychotic disorder was 36.5% ([@B37]) and these rates were higher for lifetime prevalence (42.7%) and for those with METH use disorder (43.3%). In an Australian study of non-treatment seeking METH users, 13% of the sample population were positive for psychosis at the time of assessment ([@B32]) while 23% reported 'clinically significant' symptoms of psychosis over the previous year. Another study found that 60% of METH-dependent individuals sampled in the USA reported at least one type of psychotic symptom ([@B38]). Overall, recreational METH users are two to three times more likely to experience psychotic symptoms than the general population ([@B39]), with their risk increasing if they began using METH at a younger age or if large amounts of METH are administered ([@B40]). Regular METH users, on the other hand, are 11 times more likely to experience psychosis than the general population ([@B41]), with the average time between first use and onset of psychosis being 1.7 years ([@B42]). Furthermore, users of crystallized METH are more likely to report psychotic symptoms compared to other forms of METH ([@B43]), suggesting that the type and route of administration may be important factors in determining the likelihood of psychotic symptoms.
Users are more susceptible to the psychotic effects of METH whilst they are using the drug. McKetin et al. ([@B15]) found that chronic METH users were 5 times more likely to experience psychotic symptoms during periods of METH use than during periods of abstinence. They also found a dose-response effect between the frequency of METH use and psychotic symptoms, with psychosis reaching a peak likelihood of 48% following 16 days or more of chronic use. Importantly, these findings were still significant after controlling for polydrug use, suggesting that the psychotic symptoms were attributable to the effects of METH and not due to the interaction of additional drug consumption. Overall, these findings suggest that METH use is associated with a high prevalence of psychotic symptoms, which may present a significant burden on the healthcare system due to increased demand for care and management of METH-related psychoses. Indeed, METH psychosis accounted for 10% of admissions to psychiatric facilities in Thailand ([@B44]), and in Australia, METH psychosis was responsible for 10.3 hospital admissions per 1,000 ([@B45]). More recent data has also suggested an increase in METH psychosis admissions to hospital emergency rooms and psychiatric facilities over recent years. For example, the number of admissions to psychiatric units for METH psychosis in Queensland has increased significantly from 2012 ([@B25]) while in New South Wales, Australia, the number of hospital admissions for METH psychosis declined in the mid-2000s but have steadily increased again since 2010 ([@B46]). These findings also appear to be independent of geographical location, with increased emergency department admissions for METH psychosis reported in the Americas ([@B47]) and the middle east ([@B48]).
Chronic methamphetamine psychosis {#s3}
=================================
METH psychosis typically follows a transient course, with symptoms subsiding once the user has stopped taking the drug ([@B3]). Some consumers, however, can experience a prolonged psychosis that persists even after the drug has cleared from the body, with the majority of psychotic symptoms resolving within 1 month ([@B34], [@B49]). Some research has further indicated that METH psychosis can develop into an enduring form of psychosis. Reports have suggested that up to 30% of those with METH psychosis may have symptoms that continue up to 6 months following abstinence ([@B49]), with specific studies reporting 15--28% of patients admitted to hospital with METH psychosis needing hospitalization for more than 2--3 months following admission ([@B50], [@B51]). Additionally, others have reported that 10--28% of patients with METH psychosis continued to display psychosis for more than 6 months ([@B35], [@B50]), while in another study, 28% of METH-users continued to display "schizophrenia-like symptoms" 8--12 years following abstinence ([@B52]). Outside of Japan, McKetin et al. ([@B15]) reported that even abstinent METH users had a 7% risk of experiencing psychotic symptoms and another group found that 5% of abstinent METH-dependent users met criteria for a psychotic disorder at 3 years follow-up ([@B53]). Furthermore, METH can induce a chronic psychosis in those with no premorbid psychiatric risk factors ([@B54]), suggesting that METH use can induce persistent physiological changes consistent with psychosis that are independent to genetic and personality predispositions. It is recommended that readers examine many of the comprehensive review articles available for further information on the clinical profiles, correlates, and recovery of METH-induced psychosis ([@B55]--[@B60]). Overall, METH psychosis can result in a persistent psychotic syndrome that is resistant to spontaneous recovery, and in light of the high use of METH use globally, chronic METH psychosis will undoubtedly continue to be an issue for health-care professionals. As such, understanding the factors that subserve the neurobiology and maintenance of chronic psychosis induced by METH abuse will be important for delineating diagnostic markers and avenues for treatment.
Schizophrenia {#s4}
=============
Schizophrenia is a severe, complex and debilitating neuropsychiatric disorder that is traditionally associated with poor treatment outcomes relative to other psychiatric disorders. It is a significantly heterogeneous disorder, with symptoms so diverse and idiosyncratic from patient to patient that the clinical profile has to be "clustered" into different domains. While there is no symptom that is sufficient for a person to be diagnosed with schizophrenia, there are particular symptoms that aid in differential diagnosis. "Positive symptoms" refer to symptoms that are usually not present but are experienced by those with schizophrenia, and include distortions in perceptions (hallucinations), false beliefs or distorted thought content (delusions), unclear or confused thinking (thought disorder), and disorganized speech. These symptoms are generally interpreted as a loss of touch with reality and are present at discrete times during "psychotic episodes," which are considered a core feature of the disorder ([@B61]). While these symptoms can also be present during remission, medication serves to suppress the severity and chronicity of these symptoms. "Negative symptoms," on the other hand, refer to symptoms or experiences that are usually absent or diminished in individuals with schizophrenia. These include social withdrawal, anhedonia, flattened affect, motor retardation, and poverty of speech ([@B62], [@B63]). Negative symptoms have a significant bearing on functional engagement and independence, with negative symptoms shown to predict the status of future functioning, employment, independence, and social contact ([@B64]).
While both positive and negative symptoms are established as core symptom dimensions and criteria for schizophrenia diagnosis in the DSM-5 ([@B65]), a third core domain reported is cognitive dysfunction. A wide range of cognitive domains appear to be compromised in schizophrenia, with many reviews and meta-analyses concluding moderate to severe deficits in general intelligence, attention, working memory, verbal learning and memory, speed of information processing, visuospatial deficits, and executive dysfunction ([@B66]--[@B71]). The cognitive deficits in schizophrenia are stable across the course of the disorder ([@B72]--[@B75]) and are consistent between those with first episode psychosis and chronic schizophrenia ([@B76]--[@B78]). However, there is some evidence that those with earlier onset schizophrenia may have a decline in cognitive function throughout the progression of the illness ([@B79]). Furthermore, antipsychotic medication appears to have minimal positive impact, if at all, on the cognitive difficulties associated with schizophrenia ([@B80]). Executive function appears to be the most compromised and conserved cognitive deficit across patients with schizophrenia ([@B81], [@B82]), with executive deficits shown to be the most pervasive amongst older adults with schizophrenia ([@B83]) and negatively impacted by number of psychotic episodes ([@B84]). Additionally, the fact that the cognitive issues in schizophrenia are deleterious to social functioning, functional outcomes ([@B85], [@B86]), independence ([@B87], [@B88]), recovery ([@B89]), and well-being ([@B90]) has prompted the argument that cognitive dysfunction should be regarded as one of the core dimensions in the disease, particularly with respect to DSM-5 diagnostic criteria ([@B61]).
The relationship between METH-induced psychosis and schizophrenia {#s5}
=================================================================
While a subset of METH users can experience an enduring form of psychosis, there is uncertainty of the diagnostic status of chronic METH psychosis as a primary psychotic disorder. That is, METH-induced and other substance-induced psychoses are clearly distinguished from schizophrenia and other primary psychoses in the Diagnostic and Statistical Manual. In fact, any psychosis during the withdrawal from a substance requires the diagnosis of "substance-induced psychotic disorder" according to the Diagnostic and Statistical Manual ([@B65]) and the International Classification of Diseases, Tenth Revision (ICD-10). Diagnostic guidelines, however, become ambiguous should the psychosis persist for an extended period of time. The DSM-5 outlines that any psychosis that persist longer than 6 months should warrant the diagnosis of a primary psychotic illness ([@B65]). Indeed, a Thai study of METH abusers, who were initially hospitalized for METH psychosis found that 38.8% had been diagnosed with schizophrenia due to persistent psychosis at 5 years follow up ([@B91]), and 5.0% of Chinese patients with METH-induced psychosis had their diagnosis changed to schizophrenia ([@B49]). Longitudinal analyses have also found that 19.1% ([@B92]) to 30% ([@B93]) of patients initially admitted for amphetamine-induced psychosis had transitioned to a schizophrenia diagnosis at follow-up. Furthermore, a large study conducted over a 10 year period in the USA determined that individuals who were hospitalized for METH-related causes had a higher risk of receiving a subsequent schizophrenia diagnosis ([@B94]). Therefore, while the potential for METH to induce an acute psychosis is well recognized, the development of an enduring-form of psychotic disorder, and its potential to transition into a primary psychotic disorder, such as schizophrenia, is not as well understood. As these studies propose that stimulant-induced psychoses represents a significant precursor to the development of more enduring forms of psychotic disorders, these findings should guide the management, early intervention and policy related to METH-related psychoses to circumvent the progression of these conditions.
While the above findings support that METH use is associated with an enduring psychosis, there are several interpretations of the link between METH use and schizophrenia. Firstly, METH could induce schizophrenia by eliciting an underlying vulnerability/predisposition to a primary psychotic disorder. Early research on amphetamine psychosis attributed the continuation of psychotic symptoms to "latent paranoia" ([@B95]). Additionally, a growing body of literature has examined the role of genetic and environmental interactions in the development of METH psychosis, with some studies showing convergence of genetic risk factors for METH psychosis with those for schizophrenia ([@B58], [@B96]). Additionally, one study found a significant enrichment of singe nucleotide polymorphisms (SNPs) for METH psychosis risk in patients with schizophrenia ([@B97]) while another found that a family history of schizophrenia was a risk factor for the development of METH psychosis ([@B40], [@B42], [@B98]). These findings suggest that the development of a persistent psychotic syndrome, such as schizophrenia, may be the complex interaction between a predetermined vulnerability and/or the direct effects of METH as an environmental trigger (i.e., the two hit hypothesis), and may provide an explanation as to why only a small percentage of those with METH psychosis go on to develop a persistent psychotic syndrome. More recently, however, there has been discussion surrounding the possibility that METH use could actually *cause* the onset of schizophrenia ([@B54], [@B94], [@B99]), potentially by inducing schizophrenia pathology. Even though this does not explain why only a percentage of users develop a persistent psychotic syndrome, both explanations suggest that METH psychosis and schizophrenia may be the same disorder on a continuum of pathology, converging with the idea that schizophrenia is a neurobiological disorder with multiple etiologies.
Alternative explanations for METH-induced psychosis may be possible. As such, it could be that METH psychosis and schizophrenia represent distinct disorders, and indeed, several researchers have proposed that METH use in isolation can produce a persistent psychotic syndrome that should be diagnosed and treated as a distinct syndrome to schizophrenia ([@B100], [@B101]). Therefore, given that any persistent psychosis beyond a 6-month period should be considered as a primary psychotic disorder, based on the current diagnostic criteria in the DSM-5, METH psychosis may be routinely misdiagnosed and treated as schizophrenia. Therefore, the diagnosis of schizophrenia secondary to METH use described in the aforementioned studies may merely reflect adherence to diagnostic protocol and may not be a true reflection of the status and prevalence of chronic METH psychosis in the general population. That is, individuals who present with METH psychosis may be diagnosed with schizophrenia, which may therefore underestimate the degree to which METH use results in a persistent psychotic disorder in epidemiological research studies.
Overall, there appears to be uncertainty about whether METH use causes schizophrenia or whether chronic METH psychosis represents a symptomatically distinct disorder that should be distinguished from other primary psychoses. While there appears to be similarity between the two conditions, there is limited research that has explicitly compared the behavioral and cognitive markers between the disorders. To understand the similarities and distinguishing features of METH psychosis and schizophrenia is of benefit. Not only will this assist in determining the diagnostic entity of METH psychosis, but will also help develop differential diagnostic markers for clinicians, better treatment options for long-term METH psychosis suffers, and will help to delineate common biological markers across syndromes that may initiate and maintain a persistent vulnerability to psychosis. This will enable a deeper theoretical understanding of the specific biological factors that subserve the symptoms that are commonly observed across psychotic disorders.
Overview of review {#s6}
==================
Aims
----
The current review will describe and critique the literature that has compared the clinical profile of schizophrenia with (i) acute METH psychosis and (ii) chronic METH psychosis, with particular focus on positive, negative and cognitive symptoms. While several reviews have examined the clinical profiles, risk factors, and correlates of METH-psychosis ([@B55], [@B59], [@B60]) and cognitive deficits associated with METH use ([@B102]--[@B104]), the aim of this study was to provide a comprehensive overview of research that has directly compared METH psychosis (acute and chronic) with schizophrenia. Furthermore, while ([@B55]) have reviewed the relationship between METH psychosis and schizophrenia, we wished to extend this review by differentiating between acute and persistent forms of METH psychosis. If the use of METH does cause a primary psychotic disorder, then the presentation and symptoms of chronic METH psychosis should match those typically reported in schizophrenia. Consequently, persistent METH psychosis could be regarded as the same diagnostic entity and could allude to similar neurobiology and etiological mechanisms. However, if METH psychosis represents a biologically and clinically distinct disorder there should be divergence in the behavioral, cognitive and biological markers between METH psychosis and schizophrenia.
Inclusion criteria
------------------
Prior to conducting the literature search, inclusion criteria were formulated from the aims, not only to determine which studies would be suitable but to provide a unique perspective to the review and to also minimize the occurrence of methodological flaws. These included: (1) studies had to based on people, aged 16 years and older; (2) the current review focused specifically on research relating to methamphetamine (rather than amphetamine or other psychostimulants); (3) studies had examined profiles associated with METH psychosis (i.e., no studies looking at the cognitive effects of METH without psychosis); (3) studies had to have directly compared METH psychosis with schizophrenia or primary psychotic disorder (4) METH usage had to precede the presentation of psychosis in order to focus on METH-induced psychotic syndromes; (5) only original research studies were included (i.e., reviews were omitted); (6) Case studies were omitted \[for a review and examination of historical case studies of METH psychosis, please see ([@B59])\].
Search approach
---------------
To identify potential studies for inclusion in this review, the computerized databases of PubMed, PsychINFO and ScienceDirect were searched. Additionally, reference lists from retrieved articles were screened to identify omitted articles from the database search. Lastly, a Google Scholar search was conducted to ensure that no main article escaped detection in the literature search. The following search terms were used to identify potential articles: (methamphetamine psychosis OR methamphetamine-induced psychosis) AND (schizophrenia OR primary psychotic disorder) AND (negative symptoms OR positive symptoms OR psychiatric symptoms OR cognition).
Positive symptoms {#s7}
=================
An overview of the design and findings of individual research studies that have directly compared METH psychosis with schizophrenia can be found in Table [1](#T1){ref-type="table"}. The methodological considerations of this research are detailed in Table [2](#T2){ref-type="table"}.
######
Summary of experimental studies that have compared METH psychosis with schizophrenia.
**Study** **Design** ***n*** **Sample characteristics** **Groups** **Psychosis type** **Measures used** **Findings**
----------- -------------------------------------------------------------- --------- ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
([@B105]) Cross sectional, case-control study 252 Sample consisted of 160 METH users and 54 patients with schizophrenia. They were recruited from various detention centers, hospitals, psychiatric facilities and in- and outpatient clinics in Taiwan. The control group were recruited from community volunteers. 5 groups: Control group (*n* = 67), METH users (*n* = 25), Acute MAP (*n* = 50), Persistent MAP (*n* = 56) and Schizophrenia (*n* = 54). Both Diagnostic Interview for Genetic Studies (Chinese Version; DIGS-C, BPRS and BACS *BPRS Total:* Schiz = Persistent MAP, Both Schiz and Persistent MAP \> Acute MAP. *BPRS Positive Symptom*s: Schiz = Persistent MAP, Both Schiz and Persistent MAP \> Acute MAP.*BPRS Negative Symptoms*: Schiz \> Persistent MAP \> Acute MAP. *BACS*: Schiz = Persistent MAP across all cognitive measures. Schiz +Persistent MAP \< Acute MAP +METH users across all cognitive measures. No differences between Acute MAP, METH users and Controls across all cognitive measures.
([@B106]) Cross sectional study between MAP and Schiz 90 Clinical participants were recruited from the emergency ward of the Iran Psychiatric Hospital and enrolled into the study after stabilization. Diagnoses were obtained from patient files. 3 groups: MAP (*n* = 30), schizophrenia (*n* = 30) and healthy controls (*n* = 30) Acute MAP Wisconsin Card Sorting Test (WCST), Stroop Test, Visual Search and Attention Test (VSAT) and Wechsler Memory Scale (WMS) MAP + Schizophrenia \< Controls on WCST, Stroop, VSAT and WMS. No sig differences between MAP And Schizophrenia for WCST, Stroop and WMS. Schiz performed worse than MAP on VSAT.
([@B107]) Cross-sectional study as part of 12-month prospective study. 198 Current METH users (61% male). Average age of 31.65 years. METH was primary drug of choice. Recruited via needle syringe programs in Australia Psychotic (51%) and non-psychotic disorder groups (49%). Psychotic disorder separated into lifetime (39%) and current diagnoses (61%) and subdivided into those with substance-induced and those with primary psychotic disorders Acute MAP BPRS No sig differences between substance-induced psychosis and primary psychotic disorder on total BPRS scores, positive symptoms, negative symptoms, mania, and depression-anxiety.
([@B108]) Cross sectional study between MAP and Schiz 39 Chart review was used to select participants for the study. Schizophrenia diagnosis was confirmed by hospital records. MAP (*n* = 19) and paranoid schizophrenia (*n* = 20) Likely acute MAP, although abstinence or time since admission was not reported Wechsler Abbreviated Scale of Intelligence (WASI), Repeatable Battery for the Assessment of Neuropsychological Status (RBANS), Delis Kaplan Executive Functioning System (DKEFS) Color-word Interference Test, Continuous Performance Test of Attention, Grooved Pebgoard, Wide Reading Achievement Test (WRAT) reading subtest and Trailmaking Tests (TMT) No significant differences were observed between groups on any cognitive domain examined.
([@B109]) Cross-sectional study as part of larger longitudinal study 284 Derived from a later study, the Methamphetamine Treatment Evaluation Study (MATES). Participants had a mean age of 31.6 years and 71% male. 4 groups: METH users (*n* = 110), Acute MAP (*n* = 85), Persistent MAP (*n* = 37), Primary Psychosis (*n* = 52) Both BPRS and CIDI Transient MAP \> Control group on lifetime persecutory delusions and tactile hallucinations. Persistent MAP \> Transient MAP on lifetime delusions of reference, thought interference, complex auditory hallucinations and hallucinations in various modalities (visual, olfactory and tactile). Primary psychosis \> Transient MAP on delusions of reference, thought projection, erotomania, passivity, and auditory, olfactory and tactile hallucinations. No sig difference between persistent MAP and primary psychoses on any positive symptom.
([@B110]) Cross-sectional study between MAP and Schiz 285 Participants were admitted to two psychiatric wards in public hospitals in Norway. 52% were men and average age was approximately 38-39 years. METH negative diagnosed with schizophrenia (*n* = 33) vs. METH positive with psychosis (*n* = 9) Acute MAP Urine and/or blood analysis to confirm the presence of METH. PANSS No sig difference between MAP and Schizophrenia on any positive symptom
([@B111]) Experimental study between MAP and schizophrenia 56 Participants were recruited from the University of Tokyo Hospital and Tokyo Metropolitan Matsuzawa Hospital. 3 groups: MAP (*n* = 21), schizophrenia (*n* = 14) and healthy controls (*n* = 21) Acute MAP GAF, PANSS, JART, Stop-signal Task and NIRS No sig difference between MAP and Schizophrenia groups on the Positive and Negative subscales of the PANSS. Using the PANS 5-factor model, MAP group had higher Excitement scores compared to schiz. Trend (*p* = 0.052) for Schiz to have lowest percent correct on stop-signal task compared to MAP and controls. Both MAP and Schiz showed reduced activation in the ventrolateral prefrontal cortex compared to controls. MAP had reduced activation in the frontopolar prefrontal cortex compared to schizophrenia
([@B112]) Cross sectional study between MAP and Schiz 102 Data was collected from two larger cross-sectional studies. Data was collected from patients presents with psychotic disorders admitted to a psychiatric facility in Cape Town. MAP (*n* = 33) and schizophrenia (*n* = 69) Acute METH Psychosis SCID-I-RV (Structured Clinical Interview for DSM-IV) Thought broadcasting was more prevalent in Schizophrenia (42%) than in MAP (24%) and significantly predicted the diagnosis of schizophrenia once controlling for age. Auditory hallucinations (voices heard conversing) were significantly higher in MAP (48.5%) than in schizophrenia (20.3%). No difference in the severity and prevalence of any other first-rank symptoms between MAP and Schiz.
([@B113]) Cross-sectional study on retrospective data 61 Data for both groups was taken from the WHO-MAIP and RLAI-Thai studies. The MAP group had used METH for and average of 3.8 (5.4) years. MAP group (*n* = 168) and schizophrenia (*n* = 169) Acute MAP Mini-International neuropsychiatric Interview- Plus (MINI-P), Manchester Scale No significant differences between MAP and schiz on the severity of negative symptoms. MAP group had higher positive symptoms scores of delusions, hallucinations and incoherent speech. Differential item functioning analysis further showed that MAP and Schiz were able to be differentiated based on incoherent speech alone. The positive and negative symptom profiles of MAP and Schiz were the same.
([@B114]) Cross sectional study between MAP and Schiz 22 Chronic MAP group had used moderate and/or high doses of MAP intravenously for an extended period of time. The MAP group were recruited from inpatient and outpatient settings in Japan. The Schiz group were matched to the MAP group and recruited from the same hospital MAP group (*n* = 11) and paranoid schizophrenia (*n* = 11) Chronic MAP Scale for the Assessment of Negative Symptoms (SANS). Medical records were examined for positive symptom profiles on admission. Qualitatively, the positive symptom profile was similar between both MAP and Schiz. Overall negative symptoms were milder in MAP compared to Schiz. Affective flattening or blunting and alogia were less severe in the MAP group compared to Schiz.
([@B115]) Cross sectional and case-control study between MAP and Schiz 106 Sample consisted of METH users with psychosis and patients with schizophrenia. They were recruited from various general hospitals, psychiatric facilities and in- and outpatient clinics in Taiwan. MAP (*n* = 53) and schizophrenia (*n* = 53) Chronic MAP BPRS, PANSS and structure interview questions in the DIGS-C No difference in the patterns of delusions experienced between MAP and Schiz. Auditory hallucinations were comparable between both MAP and Schizophrenia. Visual and Tactile hallucinations were more prevalent in MAP compared to schizophrenia. Unusual thought content, blunted affect, emotional withdrawal and motor retardation were more prevalent in Schiz than persistent MAP. Schiz was associated with greater negative symptoms overall than MAP
([@B116]) Experimental study between MAP and schizophrenia 34 Recruited through in- and outpatient clinics in Japan. MAP (*n* = 15) and Schizophrenia (*n* = 19) Chronic MAP Japanese version of the National Adult Reading Test (JART), PANNS, Brief Assessment of Cognition in Schizophrenia (BACS), verbal fluency task, NIRS measurements No differences between groups on PANNS total score, positive symptoms and negative symptoms. No differences between groups on tasks of verbal memory, working memory, motor speed, verbal fluency, attention and processing speed, executive functioning, and total cognition score. Oxyhaemoglobin changes in the prefrontal cortex were higher in MAP compared to schizophrenia, particularly in the right dorsolateral prefrontal cortex
######
Methodological assessment of studies that have compared METH psychosis with schizophrenia.
**Study** **Methodological considerations**
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([@B105]) Yes Yes Yes Acute group was defined as METH users with brief psychotic symptoms that disappeared 1 month after ending METH. Those who continued to experience psychosis 1 month after abstinence from METH were categorized as METH users with persistent psychosis. Yes Those in the METH groups could not have a history of psychosis prior to drug use and the psychosis had to be clearly linked to drug use. Schizophrenia participants could not have a history of drug or alcohol use disorders. Those in the acute METH psychosis were assessed approximately 9 weeks after experiencing their METH psychosis so could not be assessing their psychotic symptoms and cognitive functioning in the immediate time following their episodes. The control group was also not perfectly matched to the METH users. Neuroleptic medication also differed between groups
([@B106]) Yes Yes No MAP group were recruited from emergency room so experiencing psychosis at the time. Could represent those with acute MAP. Not stated, although recruited via emergency room so likely to have been active METH users at time of enrolment. Matched on age, gender and education. Those in Schiz group had no history of METH use. 66% of MAP group had history of other drug use. Those in the MAP and Schiz group were taking neuroleptic medication. Small sample sizes
([@B117]) Yes (NFP group) No No Psychotic symptoms followed recent METH use or cessation of prolonged and heavy METH use Not stated. Unsure if sample was abstinent after discharge too. No differences in age, gender or education. Polydrug use not addressed. NFP group was a heterogeneous group consisting of a group of schizophrenia (*n* = 46), schizoaffective disorder (*n* = 1) and brief psychotic disorder (*n* = 3). 9 patients in the NFP had a history of METH use.
([@B107]) Yes No No. Differentiates between lifetime and current psychotic disorder but not acute and chronic METH psychosis Yes No sig differences between groups on any demographic variable examined. No differences between groups on polydrug use Primary psychotic disorder group were also METH users and may not represent pure schizophrenia.
([@B108]) Yes No No Had to meet diagnostic criteria for METH dependence concurrently with psychotic disorder and the dependence had to precede the psychosis. Not stated METH use had to precede the onset of psychosis for the MAP group. No differences were found in sex, education, legal status, and medication. Differences were found between groups in age, ethnicity and place of birth. Small sample sizes.
([@B109]) Yes No Yes Acute METH defined as participants who experience psychosis symptoms when using METH for at least 1 months but no during months when abstinent. Persistent MAP was defined as experiencing psychotic symptoms during METH use and for at least 1 months or longer after abstinence Not stated Details *lifetime* positive symptoms rather than positive symptoms at the time of the assessment. Primary psychotic disorder group were also METH users and may not represent pure schizophrenia.
([@B110]) Yes No No Had to test positive for METH in system to be included in the study. 13% had taken methamphetamine recently according to blood and/or urine analysis Those in the schizophrenia group did not test positive for METH 35 of 38 tested positive for METH and Amphetamine. 87% also had at least one other psychoactive substance in their urine and/or blood. Polydrug use may be a confounding factor. Small sample size of those who are METH positive with psychosis.
([@B111]) Yes Yes No 6 MAP subjects were classified with \'Psychotic disorder due to use of METH\' and the remaining 15 were classified with \'residual and late-onset psychotic disorder due to use of METH\' Not stated Groups were matched for age and gender. Medication dosage no different between MAP and Schiz. IQ \> in healthy control group. No analyses were done to look at the distinction between acute and persistent MAP due to small sample size.
([@B112]) Yes No No Symptom onset had to be within 1 months of METH intoxication or withdrawal and could not exceed 4 weeks. No greater than 4 weeks Schiz group had exclusion criteria of previous substance use while MAP were excluded if meeting dependence criteria for any substance other than METH. No difference between groups on education and gender distribution Thought broadcasting was significantly only once the age of the samples were controlled.
([@B113]) Yes No No MAP group taken from hospitals and had to have used METH in the previous week. Could represent both acute and chronic MAP individuals. Had to have used METH in the past week Not matched for age. Unsure of drug taking habits of those in the Schiz group The schiz group had all been taking neuroleptic medication for months and/or years while the MAP group had only recently comment antipsychotic medication. Those in the schiz group were chosen for the study as they were not responding well to medication and may not truely represent schizophrenia.
([@B114]) Yes No No Chronic psychosis. Subjects had to have continued to experience delusions and hallucinations for more than 1 month after abstinence from the drug. Not stated Matched for age and gender. 64% of sample had a history of drug dependency besides METH. Positive symptoms were documented qualitatively from the medical records from admission. Small sample size.
([@B115]) Yes No Yes Individuals had to have an enduring psychosis for more than 1 month after cessatin of METH Greater than 1 months Those in the METH groups could not have a history of psychosis prior to drug use and the psychosis had to be clearly linked to drug use. Schizophrenia participants could not have a history of drug or alcohol use disorders.
([@B116]) Yes No No 8.42 years since onset of psychotic symptoms may suggest the sample was more chronic MAP than acute. No evidence of abstinence so assumed they are acute MAP Not stated No differences in age, gender, medication and premorbid IQ. Nearly all subjects were on neuroleptic medication. Trend for schizophrenia group to have longer duration of illness. No indication of acute or chronic. Small sample size.
Acute meth psychosis vs. schizophrenia
--------------------------------------
Early findings on METH induced psychosis reported hallucinations and delusions as a predominant presenting factor ([@B34], [@B118]), with later findings acknowledging that the similarities between METH psychosis and schizophrenia were largely directed toward positive symptoms. McKetin et al. ([@B32]) found that unusual thoughts, hallucinations and suspiciousness were present in one-quarter of chronic consumers of METH diagnosed with acute METH psychosis. Indeed, Bousman et al. ([@B119]) examined the variation in positive symptoms across individuals with METH psychosis. While they found three distinct sub-profiles, delusions were common amongst all individuals with METH-induced psychosis. Additional studies have also reported that METH psychosis is associated with a high prevalence of persecutory delusions, auditory and visual hallucinations, odd speech, and delusions of reference ([@B15], [@B40], [@B60], [@B113], [@B119]--[@B122]).
Of studies that have directly compared acute METH psychosis with schizophrenia (Table [1](#T1){ref-type="table"}), researchers have found no difference in the type and severity of positive symptoms using the Positive and Negative Syndrome Scale (PANSS) ([@B110], [@B117]) or the Brief Psychiatric Rating Scale (BPRS) ([@B111]). There is also research demonstrating that the longitudinal changes of positive symptoms between METH psychosis and schizophrenia are similar. For example, Hajebi et al. ([@B117]) conducted a prospective study on individuals with METH-induced psychosis and found that there was no significant difference in the severity of positive symptoms (using the PANSS) between acute METH psychosis and non-affective psychosis (e.g., schizophrenia) groups on admission, at discharge, and at 6 and 12-month follow-up. These findings suggest that the progression of positive symptoms following METH psychosis is comparable to that of schizophrenia. However, given that those with METH-induced psychosis continued to experience symptoms of psychosis following discharge, it is uncertain whether this group represents acute or chronic METH psychosis. Furthermore, it should be considered that the non-affective psychosis group was a heterogeneous sample, consisting of participants diagnosed with schizophrenia, schizoaffective disorder and brief psychotic disorder. Collectively, these findings suggest that the positive symptoms of acute METH-induced psychosis are qualitatively and quantitatively comparable to the positive symptoms of schizophrenia, with the initial presentation of acute METH psychosis indistinguishable from schizophrenia-related psychosis ([@B113]).
Despite the considerable overlap in positive symptoms between acute METH psychosis and schizophrenia, there are several differences across both conditions. For example, Srisurapanont et al. ([@B113]) found that while there were no difference in the type and severity of positive symptoms between METH psychosis and schizophrenia, the METH psychosis group tended to have more severe hallucinations and delusions compared to schizophrenia. Further analysis revealed that incoherent speech, a distinguishing marker of thought disorder, was the only symptom to be differentially expressed between schizophrenia and METH psychosis. Thought disorder refers to disorganized thinking and is characterized by the loosening of associations and fragmented speech ([@B123]), and is suggested to be a defining and salient feature in schizophrenia ([@B124]--[@B127]). Although related to amphetamine, initial work by Bell ([@B125]) distinguished between schizophrenia and amphetamine-induced psychosis with the appearance of thought disorder, as this symptom was only seen in schizophrenic cases. Additionally, Yui et al. ([@B127]) found that while individuals with METH psychosis experienced paranoid hallucinations and delusions, the same participants did not exhibit thought disorder or disorganized speech. Therefore, the absence of thought disorder may be a discriminating feature associated with METH psychosis that can be used to differentiate this disorder from schizophrenia. However, the use of this potential discriminating feature this is currently based on indirect and inconclusive evidence, and further research is needed to determine the differentiation of thought disorder between METH psychoses and schizophrenia.
Studies that have also differentiated the types of hallucinations and delusions commonly experienced in METH psychosis and schizophrenia. Shelly et al. ([@B112]), in their examination of first-rank positive symptoms, found that acute METH psychosis and schizophrenia demonstrated comparable positive symptoms but those with acute METH psychosis showed higher frequency of auditory hallucinations (48.5%) in comparison to schizophrenia (20.3%). Conversely, thought broadcasting was more prevalent in the schizophrenia (42%) group compared to METH psychosis (24%), although this was only significant once age was controlled for in their analyses. Regardless, these findings are strengthened by the exclusion criteria of polydrug use for the METH psychosis group and METH use for the schizophrenia group. Also, the individuals in the METH psychosis group were deemed eligible if they were abstinent for no greater than 4 weeks, highlighting that this represented a true acute psychosis sample. There is also some evidence that persecutory delusions and tactile hallucinations may be specific to acute/transient METH psychosis as opposed to the chronic psychosis and schizophrenia ([@B109]), and indirect comparisons suggest that visual and tactile hallucinations appear to be more prominent in METH psychosis compared with schizophrenia ([@B4], [@B125]). Chen et al. ([@B40]) reported that 46.5 and 21.3% of their METH psychosis sample reported visual and tactile hallucinations, respectively. Additional findings have also confirmed visual hallucinations in 68.8% of METH abstinent individuals ([@B128]) while others have reported that visual hallucinations are the fourth most reported positive symptom in METH psychosis ([@B120]). However, visual hallucinations are typically only reported in severe cases in schizophrenia ([@B129]), with the prevalence rate ranging from 16 to 27% ([@B129], [@B130]). Additionally, formication, a tactile hallucination where individuals believe that one\'s skin has been infested by bugs, is typically only reported in METH psychosis ([@B131]). Therefore, while auditory hallucinations appear to be the most common hallucination of both METH psychosis and schizophrenia, visual and tactile hallucinations appear to be more prominent in METH psychosis. However, these later findings are based on indirect comparisons and not on reliable evidence that has directly compared METH psychosis with schizophrenia.
Chronic meth psychosis vs. schizophrenia
----------------------------------------
Researchers have also examined chronic METH psychosis in relation to schizophrenia. In a small study of 11 patients with chronic METH psychosis who had been abstinent from METH for more than 1 month ([@B114]) qualitatively reported that five subjects experienced visual hallucinations, seven experienced delusions of reference and persecutory delusions while all experienced auditory hallucinations. Additionally, Yamamuro et al. ([@B116]) found similar PANSS results in their experimental study examining oxygenation changes in the prefrontal cortex in acute METH psychosis and schizophrenia during a verbal fluency task. Furthermore, Wang et al. ([@B115]) examined the positive symptom profile of 52 individuals with chronic METH psychosis (who experienced psychosis and had been abstinent from METH for more than 1 month) and compared this to 53 participants with schizophrenia. They found no difference in the patterns of delusions experienced between those with chronic METH psychosis and schizophrenia and that auditory hallucinations were the most common type of hallucination experienced between groups. However, those with chronic METH psychosis significantly experienced greater visual and tactile hallucinations relative to schizophrenia while those with schizophrenia endorsed greater conceptual disorganization. This suggests that thought disorder may be specific to schizophrenia and not present in either acute or chronic METH psychoses while tactile/visual hallucinations, such as formication, may be more reflective of METH-induced psychoses. These findings are strengthened by the fact that those in the METH psychosis group could only be included if their psychosis occurred after the use of METH, and those in the schizophrenia group could not have a history of drug use disorder, meaning that the diagnosis of each psychiatric condition was independent to the effect of several confounds.
The profiles of acute METH psychosis, persistent METH psychosis and schizophrenia have also been compared. Chen et al. ([@B105]) examined the positive symptoms experienced by those with acute METH psychosis (experienced psychosis for \<1 month following abstinence), persistent METH psychosis (psychosis presents following abstinence from METH \> 1 month) and schizophrenia using the PANNS. Those with persistent METH psychosis and schizophrenia demonstrated comparable severity and frequency of positive symptoms, and both of these groups had PANNS scores that were significantly higher than those in the acute METH psychosis group. These findings may suggest that those with acute METH psychosis may not experience positive symptoms to the same frequency and severity as those with schizophrenia and chronic METH psychosis. However, it should be noted that those in the acute METH group were abstinent for an average of 9 weeks at the time of assessment, and therefore, the results may not truly reflect the severity of these symptoms experienced at the time of their psychotic episodes.
Recently, McKetin et al. ([@B109]) classified 284 METH dependent participants as experiencing no current psychotic symptoms, transient psychotic symptoms when using METH, psychotic symptoms during METH use and more than 1 month abstinent (i.e., persistent METH psychosis) or as experiencing primary psychosis (i.e., schizophrenia), and examined the lifetime experience of hallucinations and delusions between groups. Relative to acute METH psychosis, it was shown that persistent METH-induced psychosis was associated with greater lifetime experiences of thought interference and delusions of reference while primary psychosis was likely to experience the same symptoms in addition to thought projection, erotomania, olfactory hallucinations and passivity (relative to acute METH psychosis). Furthermore, those with persistent METH psychosis and schizophrenia also reported reduced symptoms of visual and tactile hallucinations relative to those in the transient METH psychosis group. Importantly, the lifetime delusion and hallucination symptom profiles were not significantly different between persistent METH psychosis and primary psychosis, suggesting that the positive symptoms are comparable between the two conditions. However, it should be noted that those in the primary psychosis group were also METH dependent, suggesting that the results are not independent to drug effects, and as the authors indicate, those in the primary psychosis group may have experienced mania as opposed to schizophrenia. Furthermore, the authors examined the lifetime prevalence of psychotic symptoms, rather than those experienced during their psychotic episodes, which may explain why there was no differences between chronic psychotic syndromes. Nevertheless, these findings suggest that patients who present with greater severity and frequency of lifetime delusions and hallucinations (particularly thought interference, delusions of references and auditory hallucinations) may be at increased risk for the development of recurrent psychotic episodes or a primary psychotic disorder.
Negative symptoms {#s8}
=================
An overview of the design and findings of individual research studies that have directly compared negative symptoms in those with METH psychoses to those with schizophrenia can be found in Table [1](#T1){ref-type="table"}. The methodological considerations in the examination of research that has compared symptoms between METH psychosis and schizophrenia is shown in Table [2](#T2){ref-type="table"}.
Acute meth psychosis vs. schizophrenia
--------------------------------------
While stimulant-induced psychotic disorders have been predominantly characterized by positive symptoms, negative symptoms such as flat affect, social withdrawal, apathy, loss of drive, anhedonia and poverty of speech have also been reported in METH psychosis samples ([@B4], [@B40], [@B113], [@B123], [@B132]). Srisurapanont et al. ([@B113]) showed no difference between METH psychosis and schizophrenia on measures of psychomotor retardation, flattened affect and poverty of speech using the Manchester scale, while other researchers have found no significant differences between METH psychosis and schizophrenia using the BPRS ([@B107]) or the PANSS ([@B111]).
However, some researchers have shown differences in the severity of negative symptoms experienced between acute METH psychosis and schizophrenia. For example, Hajebi et al. ([@B117]) found that on admission to hospital, those with non-affective psychosis had more severe negative symptoms than those with acute METH-psychosis. Furthermore, while the severity of negative symptoms had improved for both groups upon discharge, the non-affective psychosis group continued to maintain increased severity of negative symptoms relative to the acute METH-psychosis group. There is also indirect evidence that negative symptoms are less severe in acute METH psychosis compared to schizophrenia. Negative symptoms are common in schizophrenia, with negative symptoms considered a central feature of its phenomenology and diagnostic criteria ([@B133], [@B134]). Indeed, 58% of individuals with schizophrenia experience negative symptoms ([@B135]), with 50--90% of those with schizophrenia displaying negative symptoms in first-episode psychosis ([@B136]). On the other hand ([@B132]) found that only 25% of individuals hospitalized with METH psychosis exhibited negative symptoms while ([@B122]) similarly found that only 21.4% of their sample met criteria for negative symptoms in a clinical interview using the MINI-plus. While these lower prevalence rates may be attributable to limited research in the area, specifically with respect to inclusion and appropriate assessment of negative symptoms in research studies, these findings suggest that negative symptoms may be experienced at a considerably lower rate in acute METH psychosis compared with schizophrenia.
Chronic meth psychosis vs. schizophrenia
----------------------------------------
Previous research has explicitly compared the negative symptoms between chronic METH psychosis and schizophrenia. Tomiyama ([@B114]) examined the experience of negative symptoms between 11 participants with chronic METH psychosis and 11 participants with schizophrenia using the Scale for the Assessment of Negative Symptoms (SANS). They found that negative symptoms were milder in chronic METH psychosis overall when compared to schizophrenia. When examining the individual symptoms, however, they found that ratings of avolition-apathy, anhedonia-asociality, and attentional impairment were similar between both groups, but those with schizophrenia demonstrated elevated symptoms of affective flattening and alogia. Additionally, Wang et al. ([@B115]) found that schizophrenia was associated with greater frequency and severity of negative symptoms compared to those with chronic METH psychosis. Specifically, those with schizophrenia demonstrated elevated scores for blunted affect, emotional withdrawal and motor retardation. Furthermore, in differentiating between acute and chronic METH psychosis with schizophrenia ([@B105]), using the BPRS, found that those with schizophrenia demonstrated the greatest severity of negative symptoms compared to those with acute and chronic METH psychosis, but the negative symptoms demonstrated by the chronic METH psychosis group were significantly greater than those in the acute METH group. Therefore, even though negative symptoms have been reported in both schizophrenia and METH psychosis, schizophrenia appears to be associated with greater prevalence and severity of negative symptoms compared to METH psychoses.
Cognitive symptoms {#s9}
==================
An overview of the design and findings of individual research studies that have directly compared the cognitive symptoms associated with METH psychosis to those of schizophrenia can be found in Table [1](#T1){ref-type="table"}. The methodological considerations in the examination of research that has compared symptoms between METH psychosis and schizophrenia is shown in Table [2](#T2){ref-type="table"}.
Acute meth psychosis vs. schizophrenia
--------------------------------------
Recent work has examined the prevalence and severity of cognitive dysfunction following acute METH psychosis in comparison with schizophrenia. Jacobs et al. ([@B108]) in an exploratory cross-sectional study, compared the cognitive profile of individuals hospitalized with METH psychosis with patients with paranoid schizophrenia across eight cognitive domains, including premorbid intellectual ability, learning and memory, executive functioning, general intellectual functioning, attention and concentration, motor abilities together with non-verbal and verbal skills. They found no significant differences between the two groups in any cognitive domain examined, suggesting that both METH psychosis and schizophrenia may have similar cognitive profiles and may therefore share underlying brain pathology, particularly with respect to dysfunction of the frontal and temporal lobes. However, there are several limitations to these findings. Firstly, the groups had small sample sizes. Secondly, there were between-group differences in age, ethnicity and place of birth between those with METH psychosis and schizophrenia and as such, these factors may have been confounds in the study. Additionally, it was not known how long the sample had been abstinent from METH nor was it reported how long the METH psychosis sample had been taking METH prior to their participation in the study. Regardless, this initial study suggested that METH psychosis may show cognitive deficits, similar to those typically reported in schizophrenia.
Ezzatpanah et al. ([@B106]) further compared cognitive function in individuals with METH-induced psychosis and schizophrenia to healthy controls, with all subjects matched for age, sex and education. They found that both METH psychosis and schizophrenia were characterized by reduced performance on all cognitive tasks examined when compared to healthy controls, and there were no significant differences in the performance of those with acute METH psychosis and schizophrenia across tasks of memory, sustained attention, selective attention and executive functioning. Specifically, METH psychosis and schizophrenia groups demonstrated difficulty in inhibiting, manipulating and suppressing information, together with difficulties learning and retaining verbal information over time. These findings indicate that both disorders may be characterized by comparable deficits of cognition mediated by the temporal and frontal lobes, specifically the prefrontal cortex, and further extends the findings of Jacobs et al. ([@B108]) that both METH psychosis and schizophrenia may be the product of similar pattern of brain pathology. While both these studies were hampered by small sample sizes, these similar findings are strengthened by the fact that these two studies were derived from different cultural samples - American ([@B108]) and Iranian ([@B106])--and through the use of distinct cognitive measures. However, despite the overwhelming similarities in cognitive dysfunction between METH psychosis and schizophrenia ([@B106]) found that individuals with schizophrenia and METH psychosis demonstrated difficulties with sustained visual attention compared to controls, yet those with schizophrenia performed worse than subjects with acute METH psychosis. As selective visual attention is primarily correlated with the parietal cortex ([@B137]), these findings indicate that dysfunction of the parietal cortex may be more pronounced in schizophrenia than acute METH psychosis.
Chronic meth psychosis vs. schizophrenia
----------------------------------------
The above studies were based on recent abstinent METH users and may not be generalizable to those with chronic METH psychosis. However, there is emerging evidence of similarities between cognitive symptoms in persistent METH psychosis and schizophrenia in the literature. For example, ([@B116]) examined individuals with METH psychosis and schizophrenia on a verbal fluency tasks while they had their brain blood oxygenation levels recorded using Functional Near-Infrared Spectroscopy (NIRS). They also had their cognitive ability measured using the Brief Assessment of Cognition in Schizophrenia (BASC). They found there was no difference between those with METH-psychosis and schizophrenia on tasks of verbal memory, working memory, motor speed, verbal fluency, attention, speed of information processing, executive functioning and total cognitive ability. However, oxyhaemaoglobin changes in the prefrontal cortex were higher in the METH psychosis group compared to schizophrenia, particularly in the right dorsolateral prefrontal cortex. This suggests that while the cognitive ability may be similarly perturbed across METH psychosis and schizophrenia, there are biological changes that may be used to distinguish between the two conditions. However, a significant limitation in this study is that the length of abstinence for the METH psychosis group was not stated. Given that the sample had been 8.42 years since the onset of psychotic symptoms (average of 2.5 hospitalizations and 8.42 months of hospitalization), the sample likely reflects a more persistent METH psychosis, and the researchers referred to the sample as "methamphetamine-induced psychotic disorder." However, in the absence of abstinence information, it is uncertain whether these findings are applicable to acute or chronic METH psychosis, or the sample could reflect a blended representation.
More recent research has shown that cognitive dysfunction is specific to the persistent form of METH psychosis rather than acute METH psychosis. For example, Chen et al. ([@B105]) conducted a well-designed cross-sectional study on healthy controls, METH users without psychosis, METH users with acute psychosis (METH users who had psychotic symptoms that dissipated within 1 month following abstinence), METH users with persistent psychosis (psychosis greater than 1 month), and individuals with schizophrenia. They found that METH users with persistent psychosis performed comparably to those with schizophrenia across all cognitive domains, with both these groups performing worse than the other acute METH psychosis, METH users without psychosis and control groups. These findings extend the findings of Jacobs et al. ([@B108]) and Ezzatpanah et al. ([@B106]) by clearly distinguishing between METH users with acute and persistent psychoses, suggesting that schizophrenia and only persistent psychosis secondary to METH use are associated with similar cognitive profiles. This may indicate that the samples used in previous studies could represent a mixture of both acute and persistent METH psychoses. These findings therefore suggest that cognitive dysfunction may develop in individuals who originally had acute symptoms that endured over time, likely as a secondary consequence to neuropathological changes that coincide with abstinence. Altogether, these findings indicate that chronic METH-induced psychosis is associated with brain changes that may be carefully distinguished from the changes concomitant with METH use and acute METH psychosis.
Methodological limitations and considerations {#s10}
=============================================
An overview of the methodological considerations in the examination of research that has compared symptoms between METH psychosis and schizophrenia is shown in Table [2](#T2){ref-type="table"}. One of the biggest limitations with METH psychosis research is that little effort is made to distinguish between those with acute and chronic METH psychosis, with the majority of the findings portraying a blended representation of all types. Indeed, the majority of studies failed to report the length of time of abstinence from METH at the time of the assessment. For the purpose of this review, therefore, we considered these studies to represent acute METH psychosis studies as there was no evidence to suggest that these samples had been abstinent for long enough to be considered to be representative of chronic METH psychosis \[\>1 month abstinence according to published papers, e.g., ([@B105])\]. Additionally, few studies indicate whether their samples are abstinent at the time of the assessment. Taken together, the findings presented in these papers may not be generalizable to samples of chronic METH psychosis, as it is uncertain whether these behavioral outcomes are referable to the direct effects of METH, acute METH psychosis or persistent METH psychosis.
In keeping with this limitation, some studies implement diagnostic criteria for chronic METH psychosis that is distinct by those provided by the DSM-5. That is, these studies typically categorize those who continue to experience psychosis after discontinuing METH for more than 1 month as those with persistent METH psychosis. According to the DSM, however, these patients should be diagnosed with a primary psychotic disorder, and some studies adhere to these guidelines. Consequently, individuals with chronic METH psychosis may be categorized as participants with schizophrenia. There are several implications to this procedure. Firstly, chronic METH psychosis may be underreported across scientific literature. Secondly, the inappropriate allocation of participants to treatment conditions precludes the examination of distinct clinical and symptom profiles between conditions given the significant heterogeneity across various outcome measures. Furthermore, inconsistency in sample characteristics hinders the ability to pool data and conclusions across research studies. Indeed, it is worth noting that other researchers have proposed similar concerns about this approach to METH psychosis research ([@B138]). Given that only METH users with a persistent METH psychosis syndrome appear to display the cognitive dysfunction typically associated with schizophrenia ([@B105]), it is possible that the differences in positive, negative and cognitive symptoms reported in additional studies may refer only to acute METH psychosis. It will be important for future research to examine the effect of persistent METH psychosis and how this relates to the behavioral, cognitive and biological changes typically reported in schizophrenia in order to elucidate whether chronic METH psychosis represents a distinct psychotic disorder and to differentiate the clinical profiles of acute vs. chronic psychosis forms.
There are additional limitations to this field of research that should be addressed. Firstly, many studies are of low sample size, meaning that many of the similarities between METH psychosis and schizophrenia may be due to low statistical power to detect significant difference between groups. Secondly, many studies do not control for polydrug use, meaning that the symptoms of psychosis may not be exclusively attributed to METH administration. Thirdly, studies do not actively control for the effect of psychotropic medication, particularly given that this impacts on the presentation of behavioral symptoms. Additionally, many studies are reliant on hospitalized samples, which are likely concomitant with more severe psychosis than non-treatment-seeking individuals with METH psychosis in the community. Lastly, many studies compare METH psychosis to schizophrenia using screening or brief assessment tools. A significant limitation of these scales is that they do not differentiate the qualitative nature of the hallucinations or delusions experienced, as they quantify the status of positive symptoms with a total score, meaning that these scales may be unable to detect differences that may differentiate these conditions. The use of such tools may explain why research studies produce such contrasting, and at times conflicting, clinical profiles. For example, the positive symptoms associated with METH psychosis and schizophrenia using the PANSS and BPRS are comparable, but examination using more indepth tools, such as the Manchester Scale, revealed differences in the type of positive symptoms experienced between groups.
Summary and conclusions {#s11}
=======================
A comparison of the positive, negative and cognitive symptoms between schizophrenia and acute/chronic METH psychosis is detailed in Figure [1](#F1){ref-type="fig"}. Research has shown both similarities and differences in the positive, negative and cognitive symptoms between METH-induced psychosis and schizophrenia. There appears to be a high degree of concordance in the type, prevalence and severity of positive symptoms between METH-induced psychosis and schizophrenia, confirming that it would be difficult to distinguish between the two conditions in the clinical setting based on the positive symptoms alone. However, while auditory hallucinations appear to be the most common hallucination reported in METH psychosis (acute and chronic) and schizophrenia, visual and tactile hallucinations appear to be more prominent in acute/transient METH psychosis, with thought disorder the most pronounced symptom in schizophrenia. While negative symptoms occur in both conditions, some research has indicated that there are differences in the type, severity and progression of negative symptoms throughout both conditions, with METH psychosis associated with reduced frequency and severity of several negative markers, such as flattened affect (although chronic psychosis is associated with worse negative symptoms than acute METH psychosis). Lastly, from a cognitive perspective, most cognitive domains appear to be similarly perturbed across METH psychosis and schizophrenia. However, recent findings have highlighted that some functions subserved by the parietal cortex, such as selective visual attention, may be more pronounced in schizophrenia that acute METH psychosis, and that cognitive dysfunction may be specifically comparable to schizophrenia for those with chronic METH psychosis.
{#F1}
Overall, while there is considerable overlap in the behavioral and cognitive symptoms between acute METH psychosis and schizophrenia, research has shown that there are unique aspects to each condition. While both disorders may be characterized by common underlying biological pathologies and phenotypes, acute METH psychosis could represent a distinct psychotic disorder to schizophrenia and may be clinically distinguished from a primary psychotic disorder based on distinct behavioral and cognitive sequelae. On the other hand, preliminary evidence suggests that chronic METH psychosis may be clinically similar to that of primary psychotic disorders, particularly with respect to positive and cognitive symptomatology. However, given the number of limitations evident in the available studies, particularly with respective to the paucity of experimental designs that differentiate between acute and chronic forms of METH psychosis, there is insufficient evidence to conclude whether chronic METH psychosis is clinically distinct from schizophrenia.
Nevertheless, these findings may have implications for the longer-term management and treatment of such conditions. For example, concerning the management of acute METH psychosis, symptoms will resolve with abstinence from METH and with the appropriate management of withdrawal. Therefore, for the most part, long-term pharmacological interventions for acute METH psychoses would not be needed or beneficial ([@B139]). However, given the similarity in symptoms between persistent METH psychosis and schizophrenia, second generation antipsychotic medicines, such as risperidone and olanzapine, may be appropriate intervention strategies. While first-generation anti-psychotics (i.e., haloperidol) may useful for the management of schizophrenia, and therefore, persistent METH psychosis, such medicines are at elevated risk of causing extrapyramidal symptoms in individuals with METH induced psychosis, and should therefore be used carefully ([@B56], [@B140]). However, these suggestions are not clinical recommendations and should be further examined using large randomized clinical trials so that clinical guidelines on the appropriate treatment of these conditions can be developed.
Author contributions {#s12}
====================
TW and JC designed the review. TW conducted the review; TW wrote the initial version of the manuscript with subsequent contribution from JC.
Conflict of interest statement
------------------------------
The authors declare that the research was conducted in the absence of any commercial or financial relationships that could be construed as a potential conflict of interest. The handling Editor declared a shared affiliation, though no other collaboration, with one of the authors TW at the time of the review.
TW was in receipt of an Australian Postgraduate Award (APA) and would like to acknowledge the support of Macquarie University in the form of the Psychology Department Higher Degree Research Grant.
[^1]: Edited by: Julia M. Lappin, University of New South Wales, Australia
[^2]: Reviewed by: Domenico De Berardis, Azienda Usl Teramo, Italy; Fleur Margaret Howells, University of Cape Town, South Africa
[^3]: This article was submitted to Addictive Disorders, a section of the journal Frontiers in Psychiatry
|
Identification and characterization of a complex chromosomal replication origin in Schizosaccharomyces pombe.
In the budding yeast, S. cerevisiae, two-dimensional (2D) gel electrophoresis techniques permit mapping of DNA replication origins to short stretches of DNA (+/- 300 bp). In contrast, in mammalian cells and Drosophila, 2D gel techniques do not permit precise origin localization; the results have been interpreted to suggest that replication initiates in broad zones (several kbp or more). However, alternative techniques (replication timing, nascent strand polarity analysis, nascent strand size analysis) suggest that mammalian origins can be mapped to short DNA stretches, just like S. cerevisiae origins. Because the fission yeast, Schizosaccharomyces pombe, resembles higher organisms in several ways to a greater extent than does S. cerevisiae, we thought that S. pombe replication origins might prove to resemble--and thus be helpful models for--animal cell origins. An attempt to test this possibility using 2D gel techniques resulted in identification of a replication origin near the ura4 gene on chromosome III of S. pombe. The 2D gel patterns produced by this S. pombe origin indeed resemble the patterns produced by animal cell origins and show that the S. pombe origin cannot be precisely located. The data suggest an initiation zone of 3-5 kbp. Some aspects of the 2D gel patterns detected at the S. pombe origin cannot be explained by the rationale of initiation in broad zones, suggesting that future biochemical and genetic studies of this complex origin are likely to provide information useful in helping to understand the apparent conflict between the 2D gel mapping techniques and other mapping techniques at animal cell origins. |
1. Background {#sec1}
=============
Endometriosis is defined as the presence of endometrial tissue, including glands and/or stroma, occurring anywhere outside of the uterine cavity \[[@B1]\]. The ectopic tissue embeds and infiltrates itself into nearby structures and responds cyclically to sex hormones, eliciting an inflammatory response. Over time, there may be fibrosis in the surrounding tissue. Occasionally, the endometriotic tissue may be replaced by collagen and scar tissue, referred to as "burnt-out endometriosis" \[[@B1], [@B2]\]. While the precise etiology of endometriosis is unclear, retrograde menstruation and/or metaplasia of the peritoneal lining are postulated mechanisms in most cases. It remains one of the most common gynecological disorders of the female reproductive tract \[[@B2]\]. In symptomatic women, it classically presents with chronic pelvic pain and infertility \[[@B2]\]. Endometriosis is graded in severity using surgical staging: from stage I correlated with minimal disease, to stage 4 signifying severe or complex disease \[[@B5]\].
While endometriotic lesions usually develop within the pelvic cavity, affecting the ovaries and the ligamentous structures between the uterus and the peritoneum, it is not uncommon to identify lesions beyond these structures \[[@B1]\]. Vessel endometriosis is a rare phenomenon of severe endometriosis whereby fibrotic endometriotic nodules appear in the vasculature of the pelvis \[[@B6]\]. Endometriosis has a preponderance for recurrence, as retreatment is evidenced in many cases as the primary reasoning for surgical procedures such as laparoscopy \[[@B8]\]. Additionally, rates of retreatment appear to be significantly reduced following excision and removal via laparoscopy \[[@B8]\]. Hence, a more definitive treatment must be used to decrease recurrence. Laparoscopy is a less invasive surgical approach utilized to eradicate endometriotic lesions \[[@B7], [@B8]\]. It also drastically reduces the amount of time necessary for adequate postoperative healing and recovery \[[@B9], [@B10]\]. The objective of our review of the literature is to demonstrate the benefits of laparoscopic resection in a novel case of complex endometriosis affecting the external iliac vasculature, ureter, bowel and rectum.
2. Presentation of the Case {#sec2}
===========================
The patient, is a 42-year-old white female Gravida 5, Para 2-0-3-2, with a past medical history of endometriosis, diagnosed since age 19.
The patient presented to our clinic with severe pelvic pain, particularly on the left side, with associated dysmenorrhea, dyschezia and dyspareunia. The patient reported that this pain was constant and had been ongoing for a few months. Pelvic pain was exacerbated upon standing; there were no alleviating factors. Her physical exam revealed positive pelvic pain preponderant on the left side. No nodularity was palpable on rectal examination. The rest of the physical exam was unremarkable. Based on the patient\'s presentation and physical exam, it was decided to do a pelvic ultrasound. The ultrasound showed a 3.7 cm septated cystic mass in the left adnexa (ovarian remnant cyst) on ultrasound.
Upon further chart review, the patient had multiple previous surgeries. These include two cesarean deliveries, two laparoscopic endometriosis resections and fulguration of endometriotic implants. The patient also had a laparoscopic left ovarian cystectomy for a 10 cm endometrioma (which recurred as a 5 cm endometrioma within 6 months), two exploratory laparotomies, including a total abdominal hysterectomy (TAH) and an exploratory laparotomy with bilateral salpingo-oophorectomy (BSO).
The patient underwent laparoscopic resection of endometriotic implants and nodules from left external iliac artery and vein ([Figure 1(b)](#fig1){ref-type="fig"}), bowel resection, ureteral lysis, left pelvic cyst (ovarian remnant cyst) removal ([Figure 1(a)](#fig1){ref-type="fig"}), left pelvic nodule resection, lysis of adhesions ([Figure 2(a)](#fig2){ref-type="fig"}), cystoscopy and stent placement for management of endometriosis ([Figure 2(b)](#fig2){ref-type="fig"}) and pelvic pain.
*Operative Technique (17):* The Enseal device was used to lyse omental adhesions and cold scissors were used to lyse bowel adhesions. A 4 cm ovarian remnant was identified and the entire ovary was removed ([Figure 1(a)](#fig1){ref-type="fig"}). The left ureter was completely dissected out in order to completely remove the left ovarian remnant cyst. The endo-GIA stapler was used to transect the bowel. Bowel endometriosis was resected with the TA stapler though the 5 cm umbilical incision ([Figure 2(c)](#fig2){ref-type="fig"}). A rigid nodule was detected at the left external iliac vessels and was dissected out and removed using sharp and blunt dissection. The harmonic was used to transect the fibrotic tissues of the endometriosis nodule. The ureteral endometriosis was also transected. A left ureteral stent was placed and left in for 4 weeks.
The final pathology report (Figures [3(a)](#fig3){ref-type="fig"} and [3(b)](#fig3){ref-type="fig"}) confirmed evidence of burnt-out endometriosis in all locations including bowel and external iliac nodule. In the left external iliac vessel, residual endometrial-type stroma, vasculature, and hemosiderotic macrophages were seen on H&E stain ([Figure 3(a)](#fig3){ref-type="fig"}), and highlighted by CD10 immunohistochemical stain ([Figure 3(b)](#fig3){ref-type="fig"}).
On interval follow-up, the patient reported sustained relief from pain, last recorded at 9 months intraoperatively.
3. Discussion {#sec3}
=============
Review of the literature shows that complete resection of endometriotic lesions from the affected vasculature can be utilized to successfully treat chronic pelvic pain secondary to severe endometriosis \[[@B11], [@B12]\]. Pelvic pain usually returns within one year of treatment in patients receiving medical therapy such as GnRH agonists; conversely, Sutton et al. showed that 90% of patients receiving laparoscopy for endometriosis were symptom-free at one year \[[@B8]\]. While endometriosis is a common finding in chronic pelvic pain and a known factor affecting fecundity, a small subset of women have deeply infiltrating endometriosis, affecting distant organs and structures \[[@B6]\]. Such patients with severe disease are often plagued with high rates of recurrence as it can be difficult to (1) identify all lesions during one laparoscopic procedure and/or (2) resect and completely remove endometriotic implants involving more delicate structures (i.e., bowel, ureter and vessels), requiring extreme skill and anatomical knowledge \[[@B13], [@B14]\]. In this case, the patient had a history of chronic, debilitating endometriosis despite numerous surgeries designed to substantially reduce or eliminate symptoms.
Overall, laparoscopic procedures are associated with a shorter hospital stay, faster healing time, and decreased morbidity. However, morbidity may be increased in patients who undergo repeat procedures when prior surgical treatment has been unsuccessful \[[@B12], [@B15]--[@B17]\]. In our case, the patient did not report complete pain resolution until after complete resection of the fibrotic nodules lining the external iliac artery and vein. In patients with known severe disease who report persistent pain despite multiple medical and surgical therapies, it may prove worthwhile to thoroughly investigate less commonly affected structures to identify fibrotic nodules and other pathologic changes associated with endometriosis.
4. Conclusion {#sec4}
=============
Complete resection of endometriosis, including from large vessels may be the key to successful surgical treatment. With sufficient experience, knowledge of anatomy, and precise dissection technique, endometriomas can be safely removed from large vessels \[[@B17]\].
Disclosure
==========
Dr. Xiaoming Guan is a speaker for Applied Medical, Rancho Santa Margarita, California. Presented, in Part, as Surgical Video presentation format (16, 17) at the 45^th^ AAGL Global Congress on Minimally Invasive Gynecology, the Rosen Hotel at Shingle Creek, Orlando, Florida, November 14--18, 2016.
Conflicts of Interest
=====================
The authors declare that they have no conflicts of interest.
{#fig1}
{#fig2}
{#fig3}
[^1]: Academic Editor: Maria Grazia Porpora
|
But that plan has hit a snag. According to the New York Times, the bail package application was pulled earlier today (Wednesday.) "It’s our understanding that the suretor has withdrawn and that no hearing is currently scheduled," said Kati Cornell, a spokeswoman for the office of the special narcotics prosecutor.
"We’re trying to do a new bond application and are in the process in the figuring that out," Shmurda's lawyer Kenneth Montgomery confirmed to the Times. “We’re hoping to get it done within the next week." According to Montgomery, Shmurda's pulled bail package had been backed by the rapper's "management associates."
That could mean Shmurda's uncles. They have claimed that they have been trying to post bail for Bobby for a while now, but he refuses to let them.
Shmurda was due in court tomorrow, per the NYC Department Of Corrections' web site. However, that may have been contingent on the bail package going through. |
Uprooted Palestinians are at the heart of the conflict in the M.E Palestinians uprooted by force of arms. Yet faced immense difficulties have survived, kept alive their history and culture, passed keys of family homes in occupied Palestine from one generation to the next.
Nobody has because none exist – why it’s impossible separating them from terrorists. They’re all cut from the same extremist jihadist cloth – imported US death squads, serving as imperial foot soldiers.
So why does Russia maintain the myth otherwise? More importantly, why does it waste time negotiating with its sworn enemy bent on destroying its sovereignty, wanting its democratically elected government toppled, replaced by a puppet regime America controls?
Why does it engage in endless talks with Washington, knowing they accomplish nothing. Even when agreements are reached, US policymakers under all administrations breach them, often straightaway the way things have gone in Syria and Ukraine.
Claiming otherwise is one of the many Big Lies about Obama’s war on Syria, naked aggression, planned long before initiated, falsely characterized as civil conflict. Syria was invaded. There’s nothing civil about what’s ongoing.
All wars are based on a foundation of misinformation, deceptions and Big Lies. Truth is the ally of peace, the enemy of war, why suppressing it is vital to wage them.
Americans were largely pacifists pre-WW I. State-sponsored propaganda turned them into raging German haters. It took Japan’s attack on Pearl Harbor for Congress to approve war – before the UN’s founding and Geneva Conventions.
One nation attacking another is naked aggression without Security Council authorization. In America, Congress and presidents have no authority on their own to go to war without it – hardly an obstacle for US war-makers, operating by their own rules and standards, international, constitutional and US statute laws pertaining to war be damned.
All US post-WW II wars from aggression on North Korea in the early 50s (not the other way around) to today’s raging conflicts were and are naked acts of aggression – Security Council authorization absent in all cases.
The world community’s failure to act responsibly lets America get away with mass murder and much more. Will nuclear war be its next high crime? Will we all go together when we go in its aftermath?
Defeating the scourge of US imperialism in Syria is vital to prevent it’s regional spread, a cancer destroying everything it touches, nations along with millions of people – America the greatest threat to world peace and humanity’s survival.
Stephen Lendman lives in Chicago. He can be reached at lendmanstephen@sbcglobal.net.
His new book as editor and contributor is titled “Flashpoint in Ukraine: How the US Drive for Hegemony Risks WW III.”
Fighters of the Yemeni Ansarullah movement and their allies have struck an Emirati vessel off the coast of Ta’izz province.
A military source says the Yemeni forces fired several rockets at the ship and destroyed it early Saturday. The vessel, owned by the United Arab Emirates’ Navy, is reportedly a high-speed logistical ship capable of locating mines, controlling military operations and transporting troops and equipment. The ship formerly belonged to the US Navy. Ansarullah fighters working in tandem with the Yemeni army have so far destroyed several hostile warships and boats. The UAE is part of the Saudi-led coalition in the war against Yemen which has left thousands dead in the impoverished country.
Yemeni forces have targeted and destroyed an Emirati military vessel in a rocket attack near the Red Sea port city of Mokha, al-Masirah TV said.
A military source, speaking on condition of anonymity, said Ansarullah fighters and allied army forces launched rockets at an HSV-2 Swift hybrid catamaran operated by the Emirati navy off the shores of the Red Sea port city of Mokha early on Saturday, al-Masirah television reported.
The catamaran was reportedly a high-speed logistical ship capable of locating mines, controlling military operations and transporting troops and equipment. The vessel formerly belonged to the US navy, al-Masirah said.
Ansarullah fighters working in cooperation with the Yemeni army have so far destroyed several hostile warships and boats.
On October 10, 2015, Yemeni army forces destroyed a Saudi warship in a missile attack in the Bab-el-Mandeb Strait, which connects the Red Sea to the Gulf of Aden. That development came only three days after Yemeni forces managed to destroy another Saudi vessel in the area.
Palestine -فلسطين The Most Beautiful Country ‘HD
Read every Palestinian in the world … my home to distribute music ringtones updated with words of the late Palestinian poet Mahmoud Darwish and commend my home is part of a new distribution of the artist Hani Almtuasi accompanied by some of the footage of aerial photography for the beloved Palestine … I hope to see the video and the end Thanks
Poems of Mahmoud Darwish, a Palestinian and songs with a high-quality photograph of the cities of Palestine .. This is Palestine …. That’s made it easier and Jpelln and our sea and our sky and our Jerusalem … This is Palestine … This is my home
I have found traces of human presence in the area south of Lake Tiberias, Tel Ubaydi area which amounted to between 600,000 years ago and up to a million and a half years ago. In the Neolithic period (10,000 BC 5000 – BC) originated fixed agricultural communities, and the Copper Age (5000 BC –3 000 BC) found stone tools and copper in the vicinity of Jericho, Be’er Sheva and the Dead Sea. Archeologists Jericho is the oldest cities at all, dating back to the Stone age is 10-11 thousand years ago, or about before the eighth millennium BC.
The Canaanites came from the Arabian Peninsula to Palestine between 3000 BC. And 2500 BC, and in about 1250 BC.
The region was among the earliest in the world to see human habitation, agricultural communities and civilization. During the Bronze Age, independent Canaanite city-states were established, and were influenced by the surrounding civilizations of ancient Egypt, Mesopotamia, Phoenicia, Minoan Crete, and Syria. Between 1550-1400 BCE, the Canaanite cities became vassals to the Egyptian New Kingdom who held power until the 1178 BCE Battle of Djahy (Canaan) during the wider Bronze Age collapse.
*Free Plaestine*Palestine is a land occupies the southern part of the eastern coast of the Mediterranean Sea to the Jordan River. Located in the heart of the Middle East, where constitute the southwestern part of the Levant, and the link between West Asia and North Africa to have occurred and the Sinai peninsula at the confluence of the two continents point.Palestine has a large number of important cities historically and religiously for the three monotheistic religions.Declaration of Independence is the Declaration of Independence of the State of Palestine (the second time), which was the date of November 15, 1988. it was announced in the city of Algiers, in particular pine Palace Hall. Note that the first declaration of independence was in October 1948 by the All-Palestine Government in Gaza during the National Council Conference.
Advertising on achieving the independence of the state of Palestine on the land of Palestine, text and select Jerusalem the eternal capital of this state. With the end of the ad played the Algerian army band of the Palestinian national anthem.
The 105 countries that recognize the independence, was published 70 Palestinian ambassadors in a number of countries recognizing independence.
The poet Mahmoud Darwish wrote the Declaration of Independence, and that the late Palestinian leader Yasser Arafat is one of the villages.
September 30, 2016
Israeli Prime Minister Benjamin Netanyahu and Palestinian Authority Chief Mahmoud Abbas shook hands and spoke briefly at Shimon Peres’s funeral on Friday in a rare public encounter between the two men.
“Good to see you. Long time,” Abbas said in broken English, a video posted by Netanyahu’s spokesman showed.
Netanyahu and his wife thanked him for coming.
The last substantial public meeting between Abbas and Netanyahu was in 2010, though there have been unconfirmed reports of secret meetings since then.
Abbas was given a front-row seat next to European Council President Donald Tusk.
On Wednesday, Abbas described Peres as a “brave” partner for peace.
“Peres was a partner in making the brave peace with the martyr Yasser Arafat and prime minister Rabin, and made unremitting efforts to reach a lasting peace from the Oslo agreement until the final moments of his life,” Abbas said earlier.
Peres died on Wednesday aged 93 after suffering a major stroke.
Although he is known to the west for wining Nobel Peace Prize in 1994, Peres is well remembered as the man who ordered the devastating “Grapes of Wrath” operation against Lebanon in 1996, which left 175 people dead.
He was also seen as a driving force in the development of the Zionist entity’s undeclared nuclear program.
Source: AFP
Mahmoud Abbas will attend the funeral of his master
No surprise Arafat did it
BOTH SOLD 82% OF THE HOLLY LAND FOR A RED PIECE OF CARPET SOAKED WITH PALESTINIAN BLOOD
Netanyahu issue permission to Abbas to cross into the Israeli entity to participate today in the funeral of former War Criminal, meanwhile Arab MPs of the «Arab common list» in the Knesset, decided to boycott the ceremony.
Palestinian president Mahmud Abbas will attend the funeral of the ex-president of the Zionist entity and war criminal Shimon Peres, Palestinian officials told AFP on Thursday, in what will be a rare visit to Jerusalem.
Several Palestinian officials confirmed his participation in Friday’s funeral on condition of anonymity. An Israeli defense ministry unit also said Abbas had asked for it to coordinate his participation.
Oslo Engineers
It is worth noting that Peres was responsible for scores of war crimes committed by the Zionist entity against the Lebanese and Palestinian civilians throughout the past decades.
Source: AFP
29/09/2016
(AFP) Bahrain’s foreign minister paid tribute to ex-Israeli president Shimon Peres on Thursday, in a surprise statement that drew strong Arab criticism on social media.
“Rest in Peace President Shimon Peres, a Man of War and a Man of the still elusive Peace in the Middle East,” Sheikh Khaled bin Ahmed al-Khalifa said on Twitter.
The response to his tweet was swift.
Like most Arab countries, Bahrain does not have diplomatic relations with Israel, and many Arabs associate Peres with the successive wars that have rocked the Middle East rather than the Oslo accords with the Palestinians that earned him the Nobel Peace Prize.
“The foreign minister is paying tribute and praying for the Zionist terrorist and the killer of children,” complained former opposition lawmaker Jalal Fairooz.
Another critic, Khalil Buhazaa, tweeted: “Diplomacy does not mean rudeness.”
Peres died on Wednesday aged 93 after suffering a major stroke.
Although he is known to the west for winning Nobel Peace Prize in 1994, Peres is well-remembered as the man who ordered the devastating “Grapes of Wrath” operation against Lebanon in 1996, which left 175 people dead.
He was also seen as a driving force in the development of Israel’s undeclared nuclear program.
The remarks by State Department spokesperson John Kirby that the world may soon see Russian troops going home in “body bags” has prompted a rejoinder from his counterpart in Moscow, Russian Foreign Ministry spokesperson Maria Zakharova.
“Don’t you think that such ventriloquism about ‘body bags,’ terrorist attacks in Russian cities’ and ‘loss of aircraft’ sounds more like a ‘get’em’ command, rather than a diplomatic comment?” Zakharova asked in a Facebook post.
As reported yesterday, Kirby’s remarks, including his prediction that “Russia will continue to send troops home in body bags,” sounded like a veiled threat.
“Extremist groups will continue to exploit the vacuums that are there in Syria to expand their operations, which will include attacks against Russian interests, perhaps even Russian cities. Russia will continue to send troops home in body bags, and they will continue to lose resources, even perhaps more aircraft,” said the State Department official.
He added that if the war continues “more Russian lives will be lost, more Russian aircraft will be shot down.”
The fact that the “extremist groups” spoken of by Kirby are being supported in large measure by the US obviously is not lost upon Zakharova.
“And those [acts of terrorism] will be perpetrated by ‘moderate’ [Syrian opposition groups]?” Zakharova inquired. “Just the ones that Washington has been unable to separate from Al-Nusra for as long as six months?”
“[What about] Terrorist attacks in France,” she went on, “America and other countries; the beheadings of people of all nationalities by Islamic State militants in Syria – is this all kind of a different paradigm? Perhaps another ‘parallel reality?’”
In case you missed it, Secretary of State John Kerry, in an acrimonious exchange at the UN last week, suggested Russian Foreign Minister Sergei Lavrov is living in a “parallel universe.” What the US State Department is doing publicly is engaging in childish finger pointing: “It’s all your fault!” they are essentially saying.
What they are doing privately, behind the scenes, is providing support for terrorist outfits such as Nour al-Din al-Zenki, which beheaded a 12-year-old boy back in July. Why they continue to do this, even as increasing numbers of people are beginning to see through the charade, is a mystery, though perhaps it’s a sign of desperation.
Another Russian official who has responded to Kirby’s undiplomatic remarks is Defense Ministry spokesman Major-General Igor Konashenkov.
“Once again we declare that we are fully prepared to continue the dialogue with the American side and carry on with the joint actions to combat terrorists in Syria,” he said. “However, even the slightest hints of a threat to our soldiers and Russian citizens must be excluded from this dialogue. The matter of safety of Russian citizens, wherever they may be, is not up for bargaining. It is our main and unconditional priority.”
Kirby says the State Department is considering non-diplomatic options, and there are indications it has already found them. In what may be the first step toward partitioning eastern Syria, the US coalition carried out airstrikes yesterday that destroyed two bridges over the Euphrates River, bridges that large segments of the population depend upon for transportation. The following is from Press TV:
Syria has slammed the US-led coalition purportedly fighting Daesh for destroying two bridges over Euphrates River in the eastern province of Dayr al-Zawr, where the same alliance recently killed 83 Syrian soldiers.
The attacks “confirm the so-called international coalition’s intent to bomb and destroy Syrian infrastructure and economic and social establishments through repeated aggressive acts,” state TV quoted the Syrian Foreign Ministry as saying Thursday.
The official SANA news agency reported that the bridges of al-Asharah and al-Mayadin in the eastern countryside of the provincial capital city of Dayr al-Zawr were hit by the coalition’s warplanes on Wednesday.
Syria’s ambassador to the UN Bashar Ja’afari said the bridges had been used by hundreds of thousands of civilians in the area.
Meanwhile, the so-called Syrian Observatory for Human Rights, a UK-based rights group advocating militants in Syria, said the two bridges are now unusable, a situation which would impede aid deliveries and hamper movement of civilians.
It may well be that the US is now opting for a different game plan–that of leaving Assad in power in Damascus while imposing what in effect could be a partitioning off of eastern Syria. This would still achieve the aim of balkanizing the country as well as make it possible to route a pipeline through Syrian territory for purpose of transporting natural gas from Qatar to Turkey and then into the EU. The question, of course, is whether Russia would allow it to happen.
If Syrians are not willing to see their country split apart, and if Russia and Iran continue to support them–with maybe China actively joining the alliance as well–we could be looking at World War III. |
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Those are the kind of things I tell my wife! "Honey, since I need this part anyway, I might as well change this one while I'm at it, and I'll just throw in a few more dollars and get the 'better quality' (speed parts).........
When I built my 350 I told her "It should only cost about 500 dollars to rebiuld", after about 1200 dollars she was pi$$ed. |
int drawable ic_launcher 0x7f020000
int layout activity_xfspeech 0x7f030000
int string app_name 0x7f040000
int string hello_world 0x7f040001
int style AppBaseTheme 0x7f050000
int style AppTheme 0x7f050001
|
In a typical ink jet recording or printing system, ink droplets are ejected from a nozzle at high speed towards a recording element or medium to produce an image on the medium. The ink droplets, or recording liquid, generally comprise a recording agent, such as a dye or pigment, and a large amount of solvent. The solvent, or carrier liquid, typically is made up of water, an organic material such as a monohydric alcohol, a polyhydric alcohol or mixtures thereof.
An ink jet recording element typically comprises a support having on at least one surface thereof an ink-receiving or image-recording layer, and includes those intended for reflection viewing, which have an opaque support, and those intended for viewing by transmitted light, which have a transparent support. Medical images, such as radiographic images, are typically viewed on a blue transparent support.
While a wide variety of different types of image-recording elements for use with ink jet devices have been proposed heretofore, there are many unsolved problems in the art and many deficiencies in the known products which have severely limited their commercial usefulness. The requirements for an image recording medium or element for ink jet recording are very demanding.
It is well known that in order to achieve and maintain photographic-quality images on such an image-recording element, an ink jet recording element must:
Be readily wetted so there is no puddling, i.e., coalescence of adjacent ink dots, which leads to nonuniform density PA1 Exhibit no image bleeding PA1 Provide maximum printed optical densities PA1 Exhibit the ability to absorb high concentrations of ink and dry quickly to avoid elements blocking together when stacked against subsequent prints or other surfaces PA1 Provide a high level of gloss and avoid differential gloss PA1 Exhibit no discontinuities or defects due to interactions between the support and/or layer(s), such as cracking, repellencies, comb lines and the like PA1 Not allow unabsorbed dyes to aggregate at the free surface causing dye crystallization, which results in bloom or bronzing effects in the imaged areas PA1 Have an optimized image fastness to avoid fade from contact with water or radiation by daylight, tungsten light, or fluorescent light PA1 Provide image stability under high-humidity conditions PA1 a) providing an ink jet recording element as described above, and PA1 b) applying liquid ink droplets thereon in an image-wise manner.
Image stability is an important concern for inkjet prints. In particular, dyes used in the printing process may continue to migrate over time during storage of a printed image. The migration process typically occurs more quickly under conditions of high relative humidity since inkjet dyes are water soluble and materials used to manufacture inkjet media are often easily plasticized by water. Within a given dye set, the individual dyes may migrate or bleed at different rates due to differences in solubility or molecular dimensions. As a result, areas which are originally printed as neutral densities may acquire a colored tint over time. Such a phenomenon is especially objectionable in a medical application such as a radiographic image, since a neutral gray scale is expected and a colored tint is typically unacceptable in any area of the print.
U.S. Pat. No. 4,547,405 relates to an ink jet receiver comprising an ink jet recording layer which contains a polymeric latex of a block copolymer of polyvinyl alcohol and polyvinyl (benzyl ammonium chloride). However, there is a problem with this material in that, under high humidity conditions, the image stability is not as good as one would like.
Other prior art references such as U.S. Pat. No. 5,916,673 discloses that trivalent salts or ions of Group IIIb metals may be added to ink jet recording sheets for the purpose of improving waterfastness of images without compromising lightfastness. However, it has been found that such salts or ions of metals in reality actually contribute to poorer color stability under high humidity conditions.
It is an object of this invention to provide an ink jet receiver in which the color does not shift under high humidity conditions. |
Time-dependent impairment of mitochondrial function after storage and transplantation of rabbit kidneys.
The mitochondrial respiratory chain is implicated as a major target of kidney damage after ischemia-reperfusion. This study measures changes in integrated mitochondrial function and in the activity of enzymes of the respiratory chain after cold storage and transplantation-reperfusion in vivo. Mitochondrial oxygen consumption and activities of respiratory chain enzymes and citrate synthase were measured in cortical mitochondria isolated from rabbit kidneys after 1-48 hr of cold ischemia with or without transplantation-reperfusion. State 4 mitochondrial oxygen consumption was significantly increased after 48 hr of ischemia or 24-48 hr of ischemia with transplantation. Prolonged (24 or 48 hr) ischemic storage with and without transplantation caused a significant decrease in state 3 oxygen consumption, as did transplantation after 1, 24, and 48 hr of cold storage. Complex I and complex II-III activity decreased after 24 or 48 hr of ischemia, with transplantation having little additional effect. Complex IV activity was significantly decreased after 48 hr of ischemia, this decrease being exacerbated by transplantation-reperfusion. Complex V activity decreased significantly after 1 hr of ischemia and continued to decrease after 24-48 hr of ischemia. Transplantation after 1-24 hr (but not 48 hr) of ischemia resulted in partial recovery of complex V activity. Citrate synthase activity was decreased significantly only after 48 hr of ischemia and reperfusion, consistent with the loss of mitochondrial membrane integrity seen in electron micrographs of the transplanted 48-hr group. These data suggest that individual rabbit kidney mitochondrial complexes have different susceptibilities to cold ischemic and reperfusion damage. |
Poverty in Africa
On the poorest continent, the plight of children is dramatic
Africa is considered the poorest continent on earth. Almost every second person living in the states of sub-Saharan Africa lives below the poverty line. Particularly affected by poverty in Africa are the weakest members of society, their children and women.
Especially in rural areas of Africa extreme poverty continues to increase: A mother with a baby in front of her mud hut near Gode, Ethiopia - Photo: M.Morosini
Poverty in Africa - the indicators
According to the definition of the World Bank is regarded as absolutely poor, who has less than 1.25 US dollars a day to life , and thus lives on the very edge of existence. The United Nations Development Program (UNDP), for its part, sets various indicators in its Human Development Index (HDI) to measure poverty in Africa and all other countries in the world. This includes:
the life expectancy at birth,
the average school attendance period,
the expected school attendance period as well
the per capita income.
As the indicators show, education is closely linked to poverty by the United Nations - because those who can not read and write have little chance of getting a skilled job and their livelihood.
In the annual report on human development published by the UN, the African countries like Malawi, Liberia, Burundi, Eritrea, Chad, Sierra Leone or Niger are regularly in last places - this has not changed until 2014.
Poverty in Africa - facts and figures
Extreme poverty leads to hunger in Africa : More than a quarter of the hungry in the world lives on the African continent. One fifth of people living in Africa are considered malnourished. This gives the continent the highest rate of malnourished people worldwide.
More than 30 percent of African children suffer from growth disorders such as stunting due to their chronic malnutrition. This disease causes a physical and mental underdevelopment in children.
Sub-Saharan Africa is the region with the highest infant mortality. On average, one in eleven children dies before his fifth birthday. Three of the four countries with the highest infant mortality worldwide are on the African continent: Ethiopia, Nigeria and Kenya. In addition to complications at birth and malnutrition, there are diseases such as pneumonia, diarrheal diseases and malaria, which lead to the early death of many children.
In sub-Saharan Africa, 59 million children between the ages of 5 and 17 work instead of playing and going to school. They fight poverty for their families. In Africa, every fifth child is cheated out of child labour for his childhood.
25 million Africans are infected with the HIV virus, including approximately 2.9 million children. Many have lost one or even both parents and live as AIDS orphans on the street.
Poverty in Africa - causes
The extreme poverty in Africa has many reasons, some of which are closely linked. Key causes of poverty in Africa and the suffering of millions of people include:
Growth of population
Child labor instead of school: This boy is looking for a usable dump in a dump. Photo: Claire Ladavicius
Population growth on the African continent is rapid, despite numerous prevention and education campaigns. Development success and economic growth can not keep pace with this. The result: more and more Africans live in poverty. According to a recent study by UNICEF, the population of Africa will double by 2050 to two billion people.
War and crises
Of the world's 20 war-related conflicts in 2013, 11 alone were fought on the African continent - all in sub-Saharan Africa. This includes the wars in Sudan and South Sudan, Somalia, Nigeria, Mali, the Democratic Republic of Congo and the Central African Republic. In the crisis regions, agricultural production usually comes to a standstill. Many people flee, are forcibly expelled from their homes and are dependent on outside help. Poverty in Africa is increasing as a result of these wars.
Climatic conditions
The African continent has been suffering more and more from climate change in recent decades: devastating floods and extraordinary drought periods lead to crop failures. The consequences are regular hunger crises and famine in Africa. Particularly affected are East Africa and the Sahel region.
Illness
Diseases such as AIDS, malaria or Ebola are the cause but also the result of poverty in Africa. Lack of education and inadequate medical care in many regions means that diseases spread faster and can not be treated. The average life expectancy of the population is decreasing, the number of orphans is increasing. Loss of labor is particularly noticeable in agriculture and leads to reduced food production.
Inadequate agricultural infrastructure
Roads, wells, irrigation systems, storage facilities, agricultural machinery - in many regions of Africa agriculture lacks both infrastructure and expertise. That's why local self-help is so important in helping to fight poverty in Africa.
Unjust trade structures
Rich countries create unjust trading structures by shielding their markets with high agricultural tariffs and heavily subsidizing their own agriculture. This suffers agriculture on the African continent and is slowed down in its development from the outset. The governments of the USA, the countries of Europe and other prosperous states thus contribute to poverty in Africa with their policies.
SOS Children's Villages in the fight against poverty in Africa
The SOS Children's Villages in Africa are involved in 47 countries. Orphaned and abandoned children find a new home in the 147 children's villages. With their long-term development projects and emergency humanitarian aid, SOS Children's Villages has been fighting poverty in Africa since 1970.
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import org.gradle.api.Project
/**
* Get the version name from the current environment or use the fallback.
* It will look for a environment variable called JELLYFIN_VERSION first.
* Next it will look for a property called "jellyfin.version" and lastly it will use the fallback.
* If the version in the environment starts with a "v" prefix it will be removed.
*
* Sample output:
* v2.0.0 -> 2.0.0
* null -> 0.0.0-dev.1 (unless different fallback set)
*/
fun Project.getVersionName(fallback: String = "0.0.0-dev.1") =
getProperty("jellyfin.version")
?.removePrefix("v")
?: fallback
/**
* Get the version code for a given semantic version.
* Does not validate the input and thus will throw an exception when parts are missing.
*
* The pre-release part ("-rc.1", "-beta.1" etc.) defaults to 99
*
* Sample output:
* MA.MI.PA-PR -> MAMIPAPR
* 0.0.0 -> 99
* 1.1.1 -> 1010199
* 0.7.0 -> 70099
* 99.99.99 -> 99999999
* 2.0.0-rc.3 -> 2000003
* 2.0.0 -> 2000099
* 99.99.99-rc.1 -> 99999901
*/
fun getVersionCode(versionName: String): Int? {
// Split to core and pre release parts with a default for pre release (null)
val (versionCore, versionPreRelease) =
when (val index = versionName.indexOf('-')) {
// No pre-release part included
-1 -> versionName to null
// Pre-release part included
else -> versionName.substring(0, index) to
versionName.substring(index + 1, versionName.length)
}
// Parse core part
val (major, minor, patch) = versionCore
.splitToSequence('.')
.mapNotNull(String::toIntOrNull)
.take(3)
.toList()
// Parse pre release part (ignore type, only get the number)
val buildVersion = versionPreRelease
?.substringAfter('.')
?.let(String::toIntOrNull)
// Build code
var code = 0
code += major * 1000000 // Major (0-99)
code += minor * 10000 // Minor (0-99)
code += patch * 100 // Patch (0-99)
code += buildVersion ?: 99 // Pre release (0-99)
return code
}
|
Anagliptin
Anagliptin (INN; trade name Suiny) is a pharmaceutical drug for the treatment of type 2 diabetes mellitus. It is approved for use in Japan. It belongs to the class of anti-diabetic drugs known as dipeptidyl peptidase-4 inhibitors or "gliptins".
References
Category:Dipeptidyl peptidase-4 inhibitors
Category:Nitriles
Category:Pyrazolopyrimidines |
Q:
JSS deployment issue with react, using JSS Tech Preview 4
JSS deployment issue with react, using Tech Preview 4.
Here is the complete log:
PS F:\Drive\my-first-jss-app> jss deploy app -c -d
JSS is creating a manifest for my-first-jss-app to ./sitecore/manifest...
Cleaning path ./sitecore/manifest...
Cleaned:
F:\Drive\my-first-jss-app\sitecore\manifest\data
F:\Drive\my-first-jss-app\sitecore\manifest\data\media
F:\Drive\my-first-jss-app\sitecore\manifest\data\media\files
F:\Drive\my-first-jss-app\sitecore\manifest\data\media\files\jss.pdf
F:\Drive\my-first-jss-app\sitecore\manifest\data\media\img
F:\Drive\my-first-jss-app\sitecore\manifest\data\media\img\jss_logo.png
F:\Drive\my-first-jss-app\sitecore\manifest\data\media\img\sc_logo.png
F:\Drive\my-first-jss-app\sitecore\manifest\sitecore-import.json
Enabling Babel transpilation for the manifest...
path or pattern './sitecore/pipelines/**/*.patch.js' did not match any files.
path or pattern './sitecore/pipelines/**/*.patch.ts' did not match any files.
copied media from: ./data/media/img/sc_logo.png to: sitecore\manifest\data\media\img\sc_logo.png
copied media from: ./data/media/img/jss_logo.png to: sitecore\manifest\data\media\img\jss_logo.png
copied media from: ./data/media/files/jss.pdf to: sitecore\manifest\data\media\files\jss.pdf
Manifest has been generated and written to ./sitecore/manifest/sitecore-import.json
JSS is manifest packaging my-first-jss-app to ./sitecore/package...
Adding data/media/files/jss.pdf
Adding data/media/img/jss_logo.png
Adding data/media/img/sc_logo.png
Adding sitecore-import.json
Wrote sitecore\package\my-first-jss-app.1534334605998.manifest.zip
Sending package sitecore\package\my-first-jss-app.1534334605998.manifest.zip to http://jssreactweb/sitecore/api/jss/import...
Unexpected response from import service:
Status message: Internal Server Error
Body: <!DOCTYPE html>
<html>
<head>
<title>Could not find base site 'website' for site 'my-first-jss-app'.</title>
<meta name="viewport" content="width=device-width" />
<style>
body {font-family:"Verdana";font-weight:normal;font-size: .7em;color:black;}
p {font-family:"Verdana";font-weight:normal;color:black;margin-top: -5px}
b {font-family:"Verdana";font-weight:bold;color:black;margin-top: -5px}
H1 { font-family:"Verdana";font-weight:normal;font-size:18pt;color:red }
H2 { font-family:"Verdana";font-weight:normal;font-size:14pt;color:maroon }
pre {font-family:"Consolas","Lucida Console",Monospace;font-size:11pt;margin:0;padding:0.5em;line-height:14pt}
.marker {font-weight: bold; color: black;text-decoration: none;}
.version {color: gray;}
.error {margin-bottom: 10px;}
.expandable { text-decoration:underline; font-weight:bold; color:navy; cursor:hand; }
@media screen and (max-width: 639px) {
pre { width: 440px; overflow: auto; white-space: pre-wrap; word-wrap: break-word; }
}
@media screen and (max-width: 479px) {
pre { width: 280px; }
}
</style>
</head>
<body bgcolor="white">
<span><H1>Server Error in '/' Application.<hr width=100% size=1 color=silver></H1>
<h2> <i>Could not find base site 'website' for site 'my-first-jss-app'.</i> </h2></span>
<font face="Arial, Helvetica, Geneva, SunSans-Regular, sans-serif ">
<b> Description: </b>An unhandled exception occurred during the execution of the current web request. Please review the stack trace for more information about the error and where it originated in the code.
<br><br>
<b> Exception Details: </b>System.InvalidOperationException: Could not find base site 'website' for site 'my-first-jss-app'.<br><br>
<b>Source Error:</b> <br><br>
<table width=100% bgcolor="#ffffcc">
<tr>
<td>
<code>
An unhandled exception was generated during the execution of the current web request. Information regarding the origin and location of the exception can be identified using the exception stack trace below.</code>
</td>
</tr>
</table>
<br>
<b>Stack Trace:</b> <br><br>
<table width=100% bgcolor="#ffffcc">
<tr>
<td>
<code><pre>
[InvalidOperationException: Could not find base site 'website' for site 'my-first-jss-app'.]
Sitecore.Sites.ConfigSiteProvider.AddInheritedProperties(Site site, SafeDictionary`2 siteDictionary) +447
Sitecore.Sites.ConfigSiteProvider.ResolveInheritance(SiteCollection sites, SafeDictionary`2 siteDictionary) +174
Sitecore.Sites.ConfigSiteProvider.InitializeSites() +716
Sitecore.Sites.ConfigSiteProvider.GetSites() +18
System.Linq.<SelectManyIterator>d__17`2.MoveNext() +292
Sitecore.Sites.SiteCollection.AddRange(IEnumerable`1 sites) +84
Sitecore.Sites.SitecoreSiteProvider.GetSites() +218
Sitecore.Sites.DefaultSiteContextFactory.GetSites() +255
Sitecore.Sites.DefaultSiteContextFactory.GetSiteContext(String hostName, String fullPath, Int32 portNumber) +124
Sitecore.Pipelines.PreAuthenticateRequest.SiteResolver.ResolveSiteContext(HttpRequestArgs args) +579
Sitecore.Pipelines.PreAuthenticateRequest.SiteResolver.Process(HttpRequestArgs args) +14
(Object , Object[] ) +74
Sitecore.Pipelines.CorePipeline.Run(PipelineArgs args) +469
Sitecore.Pipelines.DefaultCorePipelineManager.Run(String pipelineName, PipelineArgs args, String pipelineDomain) +22
Sitecore.Web.RequestEventsHandler.OnBeginRequest(HttpContextBase context) +207
Sitecore.Nexus.Web.HttpModule.(Object , EventArgs ) +77
System.Web.SyncEventExecutionStep.System.Web.HttpApplication.IExecutionStep.Execute() +136
System.Web.HttpApplication.ExecuteStepImpl(IExecutionStep step) +195
System.Web.HttpApplication.ExecuteStep(IExecutionStep step, Boolean& completedSynchronously) +88
</pre></code>
</td>
</tr>
</table>
<br>
<hr width=100% size=1 color=silver>
<b>Version Information:</b> Microsoft .NET Framework Version:4.0.30319; ASP.NET Version:4.7.2556.0
</font>
</body>
</html>
<!--
[InvalidOperationException]: Could not find base site 'website' for site 'my-first-jss-app'.
at Sitecore.Sites.ConfigSiteProvider.AddInheritedProperties(Site site, SafeDictionary`2 siteDictionary)
at Sitecore.Sites.ConfigSiteProvider.ResolveInheritance(SiteCollection sites, SafeDictionary`2 siteDictionary)
at Sitecore.Sites.ConfigSiteProvider.InitializeSites()
at Sitecore.Sites.ConfigSiteProvider.GetSites()
at System.Linq.Enumerable.<SelectManyIterator>d__17`2.MoveNext()
at Sitecore.Sites.SiteCollection.AddRange(IEnumerable`1 sites)
at Sitecore.Sites.SitecoreSiteProvider.GetSites()
at Sitecore.Sites.DefaultSiteContextFactory.GetSites()
at Sitecore.Sites.DefaultSiteContextFactory.GetSiteContext(String hostName, String fullPath, Int32 portNumber)
at Sitecore.Pipelines.PreAuthenticateRequest.SiteResolver.ResolveSiteContext(HttpRequestArgs args)
at Sitecore.Pipelines.PreAuthenticateRequest.SiteResolver.Process(HttpRequestArgs args)
at (Object , Object[] )
at Sitecore.Pipelines.CorePipeline.Run(PipelineArgs args)
at Sitecore.Pipelines.DefaultCorePipelineManager.Run(String pipelineName, PipelineArgs args, String pipelineDomain)
at Sitecore.Web.RequestEventsHandler.OnBeginRequest(HttpContextBase context)
at Sitecore.Nexus.Web.HttpModule.(Object , EventArgs )
at System.Web.HttpApplication.SyncEventExecutionStep.System.Web.HttpApplication.IExecutionStep.Execute()
at System.Web.HttpApplication.ExecuteStepImpl(IExecutionStep step)
at System.Web.HttpApplication.ExecuteStep(IExecutionStep step, Boolean& completedSynchronously)
-->
PS F:\Drive\my-first-jss-app>
A:
The JSS Tech Preview 4 works fine on a fresh installed Sitecore 9, but it was breaking on my another machine.
Whereas if you were using the older Sitecore Instance with Tech Preview 3 and installing new react app with Tech Preview 4 on it, You will get the above issue.
JSS Tech preview 3 was using JSS Server 8.x whereas JSS Tech Preview 4 is using 9.x.
You need to update:
JSS Version
Upgrade JSS Cli
Add deployment secret (which is new in Tech 4)
Upgrade Placeholers
Complete guide how to upgrade your JSS Server.
http://jss.sitecore.net/upgrade-guides/manifest-packages
|
A $6,000 reward is being offered for information leading to the arrest and conviction of whoever was responsible for hanging and torturing a dog to death, then sending the animal's ear by mail from Chattanooga to the Virginia office of the People for the Ethical Treatment of Animals.
PETA officials said in a statement issued Wednesday that the organization is putting up $5,000 with another $1,000 added by the Humane Society of Chattanooga.
The graphic image PETA received, which the Times Free Press has chosen not to publish, shows a light reddish-brown, medium-sized male dog with a white streak on his chest strung up by the neck and hind legs between two pine trees. The PETA photo also shows the dog's severed ear.
"It should send chills down anyone's spine to imagine someone out there hanging, killin and cutting body parts from a dog who could only have been terrified — and then bragging about it to an animal protection charity," PETA vice president Colleen O'Brien said.
"The whole community is at risk if a violent person who acts out in this way is not found and held responsible, and PETA urges anyone with information about this case to come forward," O'Brien said.
Anyone with information about this case is encouraged to call PETA at 757-962-8328. |
Imaging of Cardiovascular Thoracic Emergencies: Acute Aortic Syndrome and Pulmonary Embolism.
Cardiovascular injuries represent the second most common cause of death among trauma victims in the United States. Motor vehicle collisions account for more than 80% of all blunt thoracic trauma. Given the nonspecific nature and variable severity of presenting symptoms, such as chest pain and shortness of breath, as well as confounding and overlapping clinical presentations in the setting of additional injuries, diagnosis of cardiovascular injuries can be challenging. This article reviews the clinical entities of acute aortic syndrome and pulmonary embolism, their imaging findings, and diagnostic challenges. |
Lifeboat Foundation Bioshield
Emergency hospital during 1918 flu epidemic, Camp Funston, Kansas.
The 1918 flu may have killed as many as 25 million in its first 25 weeks; in contrast, AIDS killed 25 million in its first 25 years. The 1918 flu killed more people than the Great War, known today as World War I (WWI). It has been cited as the most devastating epidemic in recorded world history. More people died of influenza in a single year than in the four years of the Black Death Bubonic Plague from 1347 to 1351. The U.S. government has decided to post the recipe for its eight gene segments Emergency hospital during 1918 flu epidemic, Camp Funston, Kansas.The 1918 flu may have killed as many as 25 million in its first 25 weeks; in contrast, AIDS killed 25 million in its first 25 years. The 1918 flu killed more people than the Great War, known today as World War I (WWI). It has been cited as the most devastating epidemic in recorded world history. More people died of influenza in a single year than in the four years of the Black Death Bubonic Plague from 1347 to 1351. The U.S. government has decided to post the recipe for its eight gene segments here
Overview
Ebola is the common term for a group of viruses belonging to genus Ebolavirus, family Filoviridae, which cause Ebola hemorrhagic fever. The disease can be deadly and encompasses a range of symptoms, usually including vomiting, diarrhea, general body pain, internal and external bleeding, and fever. Mortality rates are generally high, ranging from 50% to 90%, with the cause of death usually due to shock or multiple organ failure. Ebola is the common term for a group of viruses belonging to genus, family, which cause Ebola hemorrhagic fever. The disease can be deadly and encompasses a range of symptoms, usually including vomiting, diarrhea, general body pain, internal and external bleeding, and fever. Mortality rates are generally high, ranging from 50% to 90%, with the cause of death usually due to shock or multiple organ failure.
Regulations
Codes of Conduct
First Level Barrier
Technologies to Combat Biological Viruses
Engineered Bacteria and Prions
Conclusion |
With four or five massive arson incidents involving new apartment construction in Oakland, CA recently, I’m reminded of the most spectacular structure (as opposed to brush) fire in recent Los Angeles history. On December 8, 2014, up in flames went the half-finished Da Vinci apartment complex alongside the Hollywood and Harbor Freeways downtown, near the Cathedral and the Japanese robot from outer space high school.
The developer, who has erected a number of giant semi-luxury apartment complexes downtown, was unpopular with city officials, NGOs, and the media for not catering to “affordable housing” and building slightly cheesy Mediterranean-style buildings that appeal to Asians from Orange County. The city sued the victim for $20 million for damage to city property caused by the heat, eventually settling for a mere $400,000.
Anyway, in all the Affordable Housing maneuvering, the story of who, precisely, committed this spectacular arson and why pretty much got lost. I only found out this week that the arsonist had already been convicted. From the LA Weekly:
Why Did an Arsonist Target One of DTLA’s Most Reviled Buildings? MONDAY, OCTOBER 31, 2016 AT 7:32 A.M. BY HILLEL ARON Even before he gave $2 million to a pro–Donald Trump super PAC, Geoffrey H. Palmer was among the most hated developers in Los Angeles. The people may have forgiven him for accidentally demolishing the last of the 1880s Queen Anne Victorian houses from Bunker Hill (his lawyers said it was an accident); they may have forgiven him for successfully suing to overturn a state law forcing new apartment buildings to provide below-market affordable housing. But forgive him his architecture, they could not. Though he owns a number of anonymous-looking apartment buildings throughout Southern California, Palmer is best known for his Renaissance Collection, a chain of a dozen or so nearly identical compounds built on the periphery of downtown Los Angeles. Their faux-Mediterranean aesthetic strikes many as cheap, out-of-place, something better suited for Orange County, while the concrete façades of their ground floors deaden the adjacent streets. … As for a motive, investigators initially focused on Geoff Palmer. “There’s a lot of people in L.A. that do not like his architectural style,” LAPD Detective Peter Lee says. “It’s not really L.A.-looking, it’s more Mediterranean. There’s a lot of hate.” … The day after the Da Vinci burned down, commenters on the website Curbed L.A., a local real estate blog that has dubbed Palmer “the worst developer in downtown L.A.,” were positively giddy. “Karmic justice,” one called it. “An act of God — even he couldn’t stand what Palmer is doing to L.A.,” another wrote. Another comment simply read: “One down….” But it soon became clear that the man suspected of burning the building knew nothing of Palmer, and that if he did set the fire, it was inspired — perhaps vaguely — by the fatal police shooting of the unarmed, 18-year-old Michael Brown in Ferguson, Missouri. As one official quipped, “There are probably a million people who wanted to burn down that developer’s building. He just wasn’t one of them.”
It turned out that the arsonist was Dawud Abdulwali, formerly Timothy Roston, an African American career criminal / club promotion operator who picked up his Arab name when he converted to Islam in prison. (I wouldn’t be surprised if he is part Japanese, like L.A. Dodgers manager Dave Roberts. Abdulwali had a wife from Japan and seems to have had some kind of yakuza drug smuggling ties.)
There was video footage of his car, his license plate showed up on many devices around downtown that record plates, and his cell phone pinged off towers at the scene of the crime at the moment the fire started. In general, the technology these days makes it hard to get away with crimes.
One of the first things investigators did after identifying Abdulwali as a suspect was to send him a friend request on Facebook, which Abdulwali accepted. … But other posts revealed that he had a political side. On Nov. 25, 2014, he posted a number of photos from a protest in downtown L.A., near USC, following the decision of a grand jury in Ferguson, Missouri, to not file charges against Darren Wilson, the police officer who’d shot Michael Brown, a black, unarmed teenager. One photo depicts Abdulwali wearing a blue tracksuit, holding a large yellow sign with bright red letters reading, “Stop killer cops!” Other posts proved more incriminating. On Dec. 9, a friend posted a photo of the Da Vinci, engulfed in flames. “Maybe we oughta worry about who set the fire,” someone commented. “Or why they set the fire!” Abdulwali responded. Abdulwali then shared the photo, writing above, “Things are only gonna get worse!!!” On Dec. 23, he posted the following rant: “I wonder how many crooked cops (f***ing pigs) have to be slaughtered or how many buildings have to be burned to the ground before the DA of the U.S. gets it right. Another pig gets a pass from the DA’s office for shooting a mentally challenged black man over a dozen times and killing him. Of course the pigs feared for — I am sorry, of course the pig feared for his life and claimed self-defense. Smh.” Friends and acquaintances of Abdulwali lent credence to the theory that he’d set the fire as an act of political protest. Popaul Tshimanga recalled — first to police, and then to the court during Abdulwali’s preliminary hearing — being at a party with Abdulwali the week after the fire. It was a small affair, Tshimanga said, in a room at the Hollywood Holiday Inn. There was a jacuzzi in the room, and a few girls, maybe seven people in total. They were drinking, smoking weed, snorting cocaine, and the conversation turned to the Michael Brown killing. “He was mad about it,” Tshimanga told the court. “He didn’t like the way the cops was killing black people.” Then, Tshimanga recalled, Abdulwali said “he burned a building.” … “Yeah,” said Tshimanga, who lives in San Francisco. “103 or 105 or something like that. 110. Like in the freeway.”
The 110 is the Harbor Freeway next to the Da Vinci.
So this huge arson incident appears to be BLM-related terrorism. But BLM terrorism isn’t really a conceptual category that we are encouraged to possess.
So the bad news is that political arson seems to have become a Thing in America recently. The good news is that we have so much surveillance technology these days that it’s hard for anybody to get away with it often. |
The postnatal development of adrenergic receptor mechanisms will be studied in newborn piglets of various ages. Cardiovascular responses to adrenergic receptor-blocking agents, and to adrenergic stimuli before and after blockade of receptor systems, will be recorded in intact animals and isolated heart preparations. Adrenergic stimuli will include catecholamine infusions, efferent sympathetic nerve stimulation, and peripheral baroreceptor and chemoreceptor reflex activation. The cardiovascular responses selected will include heart rate, arterial and ventricular pressures, and regional blood flows (femoral, renal, cephalic and coronary). The latter will be measured by electromagnetic flowmeters. After a control period of one or more types of adrenergic stimulation, the effective blocking dose of a particular agent (phentolamine, phenoxybenzamine, propranolol or sotalol, and proctalol) will be determined; then the same types of adrenergic stimulation will be repeated. The existence of age-dependence for minimal effective receptor-blocking dose, and for any difference in degree of cardiovascular response before and after receptor blockade, will be established statistically. |
1. Technical Field
The present invention relates to a recording device comprising a conveying device for conveying a recording medium to a recording performing region.
2. Related Art
Among recording devices that comprise a conveying device for conveying a recording medium to a recording performing region, those that are capable of performing recording on a roll paper or another elongated recording medium wound around a shaft (hereinbelow referred to simply as “roll paper or the like”), for example, are conventionally known. As a preparatory operation for performing recording on a roll paper or the like in such a recording device, a user must manually perform an operation for setting the roll paper or the like in a roll paper holder or the like of the recording device. More specifically, a user must manually perform first an operation for axially supporting a shaft on which the roll paper or the like is wound on a roll paper holder or the like, and then an operation for sandwiching the distal end vicinity of the roll paper or the like between a pair of rollers of the conveying device. However, once the roll paper or the like has been set in the roll paper holder or the like, as long as the roll paper or the like remains sandwiched in the roller pair of the conveying device, the user's manual operation is not needed until the roll paper or the like has been completely used up, and this aspect can be said to be one merit of using roll paper or the like.
However, when the roll paper or the like remains sandwiched for long periods of time in the roller pair of the conveying device, a color change sometimes occurs or pressure marks sometimes are left in the portion of the recording surface of the roll paper or the like where the roller comes in contact. When the roller that contacts the recording surface is a rubber roller, the color change in the recording surface of the roll paper or the like occurs due to tiny amounts of chemicals, oils, or the like included in the rubber roller being deposited on the recording surface of the roll paper or the like. The pressure marks of the recording surface of the roll paper or the like are formed when the portion sandwiched in the roller pair gradually deforms due to the pressure load of the roller pair continuing to act on the roll paper or the like for a long period of time. Such color changes or pressure marks can be the cause of reducing the quality of the recorded image when recording is performed on the roll paper or the like.
As an example of a conventional technology intended to resolve such problems, a recording device in which the external peripheral surface of the rubber roller in contact with the recording surface of the roll paper or the like is covered with a resin film is conventionally known (see Japanese Laid-Open Patent Publication No. 2005-162470, for example). With this conventional technology, since the resin film covering the external peripheral surface of the rubber roller comes in contact with the recording surface of the roll paper or the like, the chemicals, oils, or the like contained in the rubber roller can be prevented from being deposited on the recording surface of the roll paper or the like, and color changes in the roll paper or the like can thereby be prevented. |
Russian trade wars to have little impact on Rock River Valley
Friday
Aug 15, 2014 at 3:00 PMAug 15, 2014 at 4:09 PM
By Alex GaryRockford Register Star
ROCKFORD — The Wall Street Journal in an Aug. 8 story reported that aerospace giants Boeing and United Technologies have quietly been stocking up on titanium in case the trade wars between Russia and Europe and the United States escalate.
In March, Russia annexed the Ukrainian region of Crimea, triggering tensions between Russia and western governments. The U.S. and Europe responded with trade sanctions. Earlier this month, Russia responded with a ban on imports of meat, fish, cheese, milk, vegetables and fruit from Australia, Canada, the European Union, the U.S. and Norway.
Those moves are likely to have little effect in the Rock River Valley. But if the trade wars worsen, limited access to titanium could hurt commerce here.
Titanium is commonly used for aircraft engines — empellers, compression disks, turbine stators and bearings — as well as in wings and internal and external doors.
“Titanium really is the only export Russia has that could affect the Rockford economy because Rockford is so heavily invested in the aerospace industry,” said John Lewis, a former Northern Illinois University economist who runs a consulting firm in Sycamore.
The United States does not have a stable supply of titanium. China is the world’s largest exporter of titanium followed by Russia and Japan, according to the U.S. Geological Survey.
The Wall Street Journal reported that Boeing and United Technologies, as well as France’s Airbus, buy the majority of their titanium components from VSMPO-Avisma Corp. Based in the western Russia city of Verkhnyaya Salda, north of Kazakhstan, VSMPO-Avisma is a leading producer of titanium and magnesium alloys and exports about 70 percent of its titanium to customers such as Airbus, Rolls-Royce, Pratt & Whitney, GE and Boeing.
Two of the Rock River Valley’s 10 top employers, UTC Aerospace Systems and Woodward Inc., manufacture components for commercial and military airplanes. More than 3,600 people work for those two firms and another several hundred work for other aerospace suppliers such as Kaney Aerospace, B/E Aerospace and GE Aviation.
Still, it doesn’t appear there is much local concern over the Russian trade issues.
“We are taking all appropriate actions to ensure we have a necessary supply of titanium forgings,” said Kate Ruppar of United Technologies. “This includes increasing inventory and exploring all available sources of supply.”
Sagar Patel, president of Woodward’s aircraft turbine systems, said Woodward doesn’t use titanium in its fuel systems, and he added that he doubts the Russian crisis would worsen to a point it affects overall aircraft production.
“The impact, if any, would be in the undetectable noise level,” Patel said. “Big companies tend to have well-planned and secured long-term supply of raw materials. The cooperation at the industry level will also prevail and as in the past, the industry will fly through such turbulence well.” |
Q:
Simple arithmetic operations on elements of a list
How can I shift the first element of a list by 148.38 and the second element by -38.45? The data
417864.69,5332858.39,0.00,3629.824,2,0,0,0.10
417864.94,5332858.82,0.00,3885.531,2,0,1,0.10
417865.19,5332859.25,0.00,3647.226,2,0,2,0.10
417865.44,5332859.69,0.00,-884.887,2,0,3,0.10
...
...
are imported via
w = Import["a.010.csv", "TSV"];
(by the way: the data are rounded if I use "CSV" - I don't know why ...)
A:
You should read through the help docs on accessing list elements.
If your data is a list of lists in the following form
w = {{417864.69,5332858.39,0.00,3629.824,2,0,0,0.10},
{417864.94,5332858.82,0.00,3885.531,2,0,1,0.10}}
Then you can use the short form of the Part and Span commands operate on elements like this:
w[[;;,1]] = w[[;;,1]] + 148.38;
w[[;;,2]] = w[[;;,2]] - 38.45;
AccountingForm@NumberForm[#, 10] & /@ w
which results in this output
{{418013.07,5332819.94,0.,3629.824,2,0,0,0.1}
{418013.32,5332820.37,0.,3885.531,2,0,1,0.1}}
|
Autoantibodies in human sera after vaccination with inactivated influenza vaccine.
Sera from persons vaccinated with inactivated bivalent influenza vaccine were tested for the presence of smooth-muscle antibodies (SMA) and antibodies against the brush border of proximal renal tubuli (ABBA). The autoantibodies were found with the highest frequency in persons repeatedly vaccinated with the vaccine. |
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Photographer: James Devaney/WireImage Photographer: James Devaney/WireImage
On Monday night’s episode of The Late Show With Stephen Colbert, the eponymous host, while talking to Texas senator and presidential candidate Ted Cruz, did something wonderful, something that seemed like a definitive statement of purpose for his new late-night program: He told his audience to stop booing Ted Cruz.
As Cruz was attempting, with more success than you might think, to come across as moderate and reasonable, Colbert, respectfully, pressed him on an issue on which Cruz is outside the mainstream: Gay marriage. As Cruz tried to explain that it should be an issue for the states, the crowd—like all New York City talk show crowds, not one predisposed to agree with Cruz on much—began to jeer him. Colbert stopped them immediately. “Guys, guys,” he said, waving a firm hand to his audience. “However you feel, he’s my guest. Please don’t boo him.” They stopped immediately. (Relevant moment at the 3:50 mark of this clip.)
In Colbert’s first show, when he had former Florida Governor Jeb Bush on, the first thing he did was thank him for coming on. “I could never get as many Republicans to come on my last show,” he told him. That hasn’t been a problem this time, and it’s clearly by design. The Colbert Report was an oft-savage satire of Republican politics, but that’s not what The Late Show With Stephen Colbert is. Here, he legitimately wants to talk.
It’s through this lens that Donald Trump’s appearance last night should be filtered. Colbert wasn’t as chummy and borderline-fawning the way that Jimmy Fallon was when Trump was on The Tonight Show last week (Fallon’s show is becoming so all-denominations-welcome-even/especially-the-lowest-common-one that it’s nearly content-free at this point; he is morphing into Jay Leno before our very eyes) but Colbert wasn’t an attack dog either. He had fun with Trump (how could you not?), but also showed him something that resembled respect—which turns out to be a core value of Colbert's new show. It's about sharp satiric wit and performative exuberance, but it’s also about civility. And for a night, Trump embraced this. With Colbert, Trump actually seemed civil—an impressive accomplishment.
As Politico pointed out, Trump was subdued, but it wasn’t because he was cowed, or just tired. (Trump is usually only subdued when he’s tired.) He just didn’t quite seem to know what to do with Colbert, and therefore defaulted into simply being a person. Trump is usually attacking, or is self-consciously absurd, but with Colbert, who tried to engage him as a human, Trump the political performer seemed to recede, something one would imagine impossible. And it sort of worked. Trump didn’t come across as normal, exactly, but there were brief moments—particularly when he meta-commented on his persona, telling Colbert he “works hard at it.”
Trump also proved, not surprisingly, to be brilliant at one aspect of public policy: Donald Trump Trivia. Not only was he unfailingly able to choose which statements he’d said in the past and which had been said by Colbert’s old character, he even knew not to attribute the trick question, actually said by Charles Manson, to himself.
In the wake of this cordial, almost casual interview, some liberal critics, used to the old Colbert, have claimed Colbert took it too easy on Trump. (The Daily Beast called him “craven.” ) But this is to miss the point of the new Colbert show. It is not about taking candidates down a few pegs, or to mock all those dumb dumb Republicans, Jon Stewart-style. It’s about attempting to find out who they really are by engaging with them on a human level. (On Colbert's show, Cruz was as relatable as Cruz has ever come across.) It wasn’t Colbert vs. Trump last night. That’s not the game Colbert’s playing anymore. The new game is one he wants everyone to play. Even Trump. |
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The present invention relates to video games, and more particularly to video game competitions.
Video games are enjoyed by many, often allowing video game players to virtually participate in otherwise unavailable activities, whether due to requirements of skill, experience, or equipment availability, or simply due to inherent dangers of the activities.
In many games a video game player may compete against another player either in person or via an online game. Many online games offer leaderboards which allow a player to judge how a particular game play session compared against other game players. However, it is often difficult to compare the player's skill to another player's since many conventional leaderboards measure a level achieved or certain standard statistics, but may not consider the amount of time played to do so. Further, many players are driven by and desire to compete at all levels of game play, for example a player may desire to not only be the player with the highest score but also to be the best player with a particular game weapon or accessory or combination thereof.
Managing a competition with numerous players based on such non-standard statistics may be labor intensive. It may also be extremely difficult to ensure rules compliance in a multiplayer online game environment. |
<?php
/* Copyright (c) 1998-2013 ILIAS open source, Extended GPL, see docs/LICENSE */
require_once 'Modules/TestQuestionPool/classes/import/qti12/class.assQuestionImport.php';
require_once 'Modules/TestQuestionPool/classes/class.ilAssKprimChoiceAnswer.php';
/**
* @author Björn Heyser <bheyser@databay.de>
* @version $Id$
*
* @package Modules/Test
*/
class assKprimChoiceImport extends assQuestionImport
{
/**
* @var assKprimChoice
*/
public $object;
public function fromXML(&$item, $questionpool_id, &$tst_id, &$tst_object, &$question_counter, &$import_mapping)
{
global $DIC;
$ilUser = $DIC['ilUser'];
unset($_SESSION["import_mob_xhtml"]);
$duration = $item->getDuration();
$shuffle = 0;
$answers = array();
$presentation = $item->getPresentation();
foreach ($presentation->order as $entry) {
switch ($entry["type"]) {
case "response":
$response = $presentation->response[$entry["index"]];
$rendertype = $response->getRenderType();
switch (strtolower(get_class($response->getRenderType()))) {
case "ilqtirenderchoice":
$shuffle = $rendertype->getShuffle();
$answerorder = 0;
$foundimage = false;
foreach ($rendertype->response_labels as $response_label) {
$ident = $response_label->getIdent();
$answertext = "";
$answerimage = array();
foreach ($response_label->material as $mat) {
$embedded = false;
for ($m = 0; $m < $mat->getMaterialCount(); $m++) {
$foundmat = $mat->getMaterial($m);
if (strcmp($foundmat["type"], "mattext") == 0) {
}
if (strcmp($foundmat["type"], "matimage") == 0) {
if (strlen($foundmat["material"]->getEmbedded())) {
$embedded = true;
}
}
}
if ($embedded) {
for ($m = 0; $m < $mat->getMaterialCount(); $m++) {
$foundmat = $mat->getMaterial($m);
if (strcmp($foundmat["type"], "mattext") == 0) {
$answertext .= $foundmat["material"]->getContent();
}
if (strcmp($foundmat["type"], "matimage") == 0) {
$foundimage = true;
$answerimage = array(
"imagetype" => $foundmat["material"]->getImageType(),
"label" => $foundmat["material"]->getLabel(),
"content" => $foundmat["material"]->getContent()
);
}
}
} else {
$answertext = $this->object->QTIMaterialToString($mat);
}
}
$answers[$ident] = array(
"answertext" => $answertext,
"imagefile" => $answerimage,
"answerorder" => $ident
);
}
break;
}
break;
}
}
$feedbacks = array();
$feedbacksgeneric = array();
foreach ($item->resprocessing as $resprocessing) {
foreach ($resprocessing->outcomes->decvar as $decvar) {
if ($decvar->getVarname() == 'SCORE') {
$this->object->setPoints($decvar->getMaxvalue());
if ($decvar->getMinvalue() > 0) {
$this->object->setScorePartialSolutionEnabled(true);
} else {
$this->object->setScorePartialSolutionEnabled(false);
}
}
}
foreach ($resprocessing->respcondition as $respcondition) {
if (!count($respcondition->setvar)) {
foreach ($respcondition->getConditionvar()->varequal as $varequal) {
$ident = $varequal->respident;
$answers[$ident]['correctness'] = (bool) $varequal->getContent();
break;
}
foreach ($respcondition->displayfeedback as $feedbackpointer) {
if (strlen($feedbackpointer->getLinkrefid())) {
foreach ($item->itemfeedback as $ifb) {
if (strcmp($ifb->getIdent(), $feedbackpointer->getLinkrefid()) == 0) {
// found a feedback for the identifier
if (count($ifb->material)) {
foreach ($ifb->material as $material) {
$feedbacks[$ident] = $material;
}
}
if ((count($ifb->flow_mat) > 0)) {
foreach ($ifb->flow_mat as $fmat) {
if (count($fmat->material)) {
foreach ($fmat->material as $material) {
$feedbacks[$ident] = $material;
}
}
}
}
}
}
}
}
} else {
foreach ($respcondition->displayfeedback as $feedbackpointer) {
if (strlen($feedbackpointer->getLinkrefid())) {
foreach ($item->itemfeedback as $ifb) {
if ($ifb->getIdent() == "response_allcorrect") {
// found a feedback for the identifier
if (count($ifb->material)) {
foreach ($ifb->material as $material) {
$feedbacksgeneric[1] = $material;
}
}
if ((count($ifb->flow_mat) > 0)) {
foreach ($ifb->flow_mat as $fmat) {
if (count($fmat->material)) {
foreach ($fmat->material as $material) {
$feedbacksgeneric[1] = $material;
}
}
}
}
} elseif ($ifb->getIdent() == "response_onenotcorrect") {
// found a feedback for the identifier
if (count($ifb->material)) {
foreach ($ifb->material as $material) {
$feedbacksgeneric[0] = $material;
}
}
if ((count($ifb->flow_mat) > 0)) {
foreach ($ifb->flow_mat as $fmat) {
if (count($fmat->material)) {
foreach ($fmat->material as $material) {
$feedbacksgeneric[0] = $material;
}
}
}
}
}
}
}
}
}
}
}
$this->addGeneralMetadata($item);
$this->object->setTitle($item->getTitle());
$this->object->setNrOfTries($item->getMaxattempts());
$this->object->setComment($item->getComment());
$this->object->setAuthor($item->getAuthor());
$this->object->setOwner($ilUser->getId());
$this->object->setQuestion($this->object->QTIMaterialToString($item->getQuestiontext()));
$this->object->setObjId($questionpool_id);
$this->object->setEstimatedWorkingTime($duration["h"], $duration["m"], $duration["s"]);
$this->object->setShuffleAnswersEnabled($shuffle);
$this->object->setAnswerType($item->getMetadataEntry("answer_type"));
$this->object->setOptionLabel($item->getMetadataEntry("option_label_setting"));
$this->object->setCustomTrueOptionLabel($item->getMetadataEntry("custom_true_option_label"));
$this->object->setCustomFalseOptionLabel($item->getMetadataEntry("custom_false_option_label"));
$this->object->setThumbSize($item->getMetadataEntry("thumb_size"));
$this->object->saveToDb();
foreach ($answers as $answerData) {
$answer = new ilAssKprimChoiceAnswer();
$answer->setImageFsDir($this->object->getImagePath());
$answer->setImageWebDir($this->object->getImagePathWeb());
$answer->setPosition($answerData['answerorder']);
$answer->setAnswertext($answerData['answertext']);
$answer->setCorrectness($answerData['correctness']);
if (isset($answerData['imagefile']['label'])) {
$answer->setImageFile($answerData['imagefile']['label']);
}
$this->object->addAnswer($answer);
}
// additional content editing mode information
$this->object->setAdditionalContentEditingMode(
$this->fetchAdditionalContentEditingModeInformation($item)
);
$this->object->saveToDb();
foreach ($answers as $answer) {
if (is_array($answer["imagefile"]) && (count($answer["imagefile"]) > 0)) {
$image = &base64_decode($answer["imagefile"]["content"]);
$imagepath = $this->object->getImagePath();
include_once "./Services/Utilities/classes/class.ilUtil.php";
if (!file_exists($imagepath)) {
ilUtil::makeDirParents($imagepath);
}
$imagepath .= $answer["imagefile"]["label"];
if ($fh = fopen($imagepath, "wb")) {
$imagefile = fwrite($fh, $image);
fclose($fh);
}
}
}
$feedbackSetting = $item->getMetadataEntry('feedback_setting');
if (!is_null($feedbackSetting)) {
$this->object->feedbackOBJ->saveSpecificFeedbackSetting($this->object->getId(), $feedbackSetting);
}
// handle the import of media objects in XHTML code
foreach ($feedbacks as $ident => $material) {
$m = $this->object->QTIMaterialToString($material);
$feedbacks[$ident] = $m;
}
foreach ($feedbacksgeneric as $correctness => $material) {
$m = $this->object->QTIMaterialToString($material);
$feedbacksgeneric[$correctness] = $m;
}
$questiontext = $this->object->getQuestion();
$answers = &$this->object->getAnswers();
if (is_array($_SESSION["import_mob_xhtml"])) {
include_once "./Services/MediaObjects/classes/class.ilObjMediaObject.php";
include_once "./Services/RTE/classes/class.ilRTE.php";
foreach ($_SESSION["import_mob_xhtml"] as $mob) {
if ($tst_id > 0) {
$importfile = $this->getTstImportArchivDirectory() . '/' . $mob["uri"];
} else {
$importfile = $this->getQplImportArchivDirectory() . '/' . $mob["uri"];
}
global $DIC; /* @var ILIAS\DI\Container $DIC */
$DIC['ilLog']->write(__METHOD__ . ': import mob from dir: ' . $importfile);
$media_object = &ilObjMediaObject::_saveTempFileAsMediaObject(basename($importfile), $importfile, false);
ilObjMediaObject::_saveUsage($media_object->getId(), "qpl:html", $this->object->getId());
$questiontext = str_replace("src=\"" . $mob["mob"] . "\"", "src=\"" . "il_" . IL_INST_ID . "_mob_" . $media_object->getId() . "\"", $questiontext);
foreach ($answers as $key => $value) {
$answer_obj = &$answers[$key];
$answer_obj->setAnswertext(str_replace("src=\"" . $mob["mob"] . "\"", "src=\"" . "il_" . IL_INST_ID . "_mob_" . $media_object->getId() . "\"", $answer_obj->getAnswertext()));
}
foreach ($feedbacks as $ident => $material) {
$feedbacks[$ident] = str_replace("src=\"" . $mob["mob"] . "\"", "src=\"" . "il_" . IL_INST_ID . "_mob_" . $media_object->getId() . "\"", $material);
}
foreach ($feedbacksgeneric as $correctness => $material) {
$feedbacksgeneric[$correctness] = str_replace("src=\"" . $mob["mob"] . "\"", "src=\"" . "il_" . IL_INST_ID . "_mob_" . $media_object->getId() . "\"", $material);
}
}
}
$this->object->setQuestion(ilRTE::_replaceMediaObjectImageSrc($questiontext, 1));
foreach ($answers as $key => $value) {
$answer_obj = &$answers[$key];
$answer_obj->setAnswertext(ilRTE::_replaceMediaObjectImageSrc($answer_obj->getAnswertext(), 1));
}
foreach ($feedbacks as $ident => $material) {
$this->object->feedbackOBJ->importSpecificAnswerFeedback(
$this->object->getId(),
0,
$ident,
ilRTE::_replaceMediaObjectImageSrc($material, 1)
);
}
foreach ($feedbacksgeneric as $correctness => $material) {
$this->object->feedbackOBJ->importGenericFeedback(
$this->object->getId(),
$correctness,
ilRTE::_replaceMediaObjectImageSrc($material, 1)
);
}
$this->object->saveToDb();
if (count($item->suggested_solutions)) {
foreach ($item->suggested_solutions as $suggested_solution) {
$this->object->setSuggestedSolution($suggested_solution["solution"]->getContent(), $suggested_solution["gap_index"], true);
}
$this->object->saveToDb();
}
if ($tst_id > 0) {
$q_1_id = $this->object->getId();
$question_id = $this->object->duplicate(true, null, null, null, $tst_id);
$tst_object->questions[$question_counter++] = $question_id;
$import_mapping[$item->getIdent()] = array("pool" => $q_1_id, "test" => $question_id);
} else {
$import_mapping[$item->getIdent()] = array("pool" => $this->object->getId(), "test" => 0);
}
//$ilLog->write(strftime("%D %T") . ": finished import multiple choice question (single response)");
}
}
|
122 F.2d 6 (1941)
JONES, Collector of Internal Revenue,
v.
NORRIS et al. SAME
v.
NORRIS.
Nos. 2168, 2169.
Circuit Court of Appeals, Tenth Circuit.
August 4, 1941.
*7 Warren F. Wattles, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, Norman D. Keller, and Carl J. Marold, Sp. Assts. to the Atty. Gen., and Charles E. Dierker, U. S. Atty., of Oklahoma City, Okl., on the brief), for appellant.
D. A. Richardson and Hayes, Richardson, Shartel & Gilliland, all of Oklahoma City, Okl., for appellees.
Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.
MURRAH, Circuit Judge.
The two cases involve similar facts and questions of law, and were consolidated for trial and appeal.
The determinative question presented here is whether or not income from certain trusts, created by a father for the benefit of his children, is taxable to him as grantor under Section 22 (a) or Sections 166 and 167 of the Revenue Act of 1934, 26 U.S.C.A. Int.Rev.Acts, page 669, and 26 U.S.C.A. Int.Rev.Code, §§ 166, 167.
Based on the contention that the income from the trust estate was taxable to the grantor, the Commissioner determined a deficiency for the taxable years of 1934 and 1935, (the computations are not in dispute) which the taxpayer appellee paid. On suit for refund, the trial court held that the income was not taxable to the grantor under Sections 166 and 167, and rendered judgment for the appellee taxpayer, from which the Commissioner has appealed.[1]
On January 20, 1921, the taxpayer, P. A. Norris, (appellee here) executed, acknowledged and delivered one trust instrument, by the terms of which he purported to create seven separate trusts for seven of his children. The trust was intended to be an irrevocable gift to the children and was to continue in force for twenty years. The net income during the term of the trust was to be retained by the trustee and added to the corpus to be invested as capital.
On March 1, 1935, the taxpayer executed, acknowledged and delivered a declaration of trust to C. L. Griffith, who was at that time the trustee of the former trust. This trust was for the benefit of his two other married children. The provisions of the second trust were in all material respects the same as the first trust. They will be treated here similarly and referred to herein as the Trust.
*8 From time to time, as provided therein, he conveyed certain property to the trust, including real estate and securities. When Norris executed the second trust, he filed a gift tax return and paid the gift tax assessed. Thereafter, and until 1935, the trustee made return upon the annual income from the trust estate, and paid the tax thereon under Section 161 et seq. of the Revenue Act.
In addition to the usual and ordinary provisions relating to the duties of the trustee, the trust instrument, among others contained the following provisions: "* * * I further reserve to myself alone, during my life time, and after my death, to my wife, * * * alone, the right to change my Trustee, but not the right to revoke said gift or trust estates hereby created, * * *. In order to safeguard the several trust estates and for their better care * * * and to meet changing or unexpected conditions and for the benfit of my said beneficiaries * * * I do further reserve the right any time prior to my death, * * * as I may deem proper to make such further changes * * * as I may see fit and proper to make in the management thereof; and in the character and form of investment; in changing investments or in directing that any investments shall remain and be held as permanent investments after my death; in changing the trustee, or such other changes as may in my opinion be for the best interest of my said beneficiaries. I further reserve the right during my lifetime, to order and direct my said Trustee to make settlement, either in full or in part, with any one of my said beneficiaries, after such one shall have reached the age of twenty-one years, or to order and direct that a certain part of the net income from any one, or more, of said estates, to be determined by me alone, shall be paid to the beneficiary thereof, * * *. I further reserve the right to nominate and appoint any one of my said beneficiaries, to act with me, or after my death, in handling said trust estates, with such powers as I may give him, * * *. The right to make the changes in said declaration of trust, herein set out, shall not however, operate to revoke the several estates hereby created, but is intended to be exercised only as in my judgment may be for the best interest of said beneficiaries. * * * While the estates hereby created are separate and distinct estates, and are to be so handled, the trustee shall have the right * * * to invest the fund of any one or more jointly in any investment made, but the income therefrom shall be kept separate, and shall be credited to each of such beneficiaries, according to his or her interest therein."
The trust instrument further provided that the trustee was required to render an annual statement to the grantor of each of the said estates for the preceding year. It further provided that in the event of the death of one or more of the beneficiaries, the trust should not be terminated thereby, but should continue for the full term and thereupon be paid to the child, or children, of such deceased beneficiary; if no children, then to the surviving beneficiaries, and the children then living of any deceased beneficiary by right of representation.
It is manifest that by the terms of the trust instrument, the grantor reserved unto himself full power of control and management over the trust estate, the same as if he were designated as the trustee. In fact, the trustee was a confidential employee of the grantor and it is plain that during the life of the trust, the grantor exercised autocratic powers over the trust estate, but his management was highly profitable.
The grantor did not record the deeds of conveyance to the trust until 1935, when the question of taxability to him arose. When it became advantageous to lease certain properties, included within the trust estate, for oil and gas, he executed the oil and gas leases to the property. He retained in his own bank account a substantial part of the proceeds resulting from trading in the property of the trust estate, but he kept strict books of account of his own, and the trustee kept honest and accurate account of all transactions which correctly reflected the property of the trust and the amount which he owed the trust estate at all times.
The grantor testified that he kept the funds of the trust estate in his own bank account merely as a matter of business convenience and gave similar explanations for his failure to record deeds of conveyance from himself to the trust. He further stated that he executed the oil and gas leases on the property of the trust in order to obviate possible difficulties in the title.
*9 The contentions of the Commissioner here are based on the broad premise that because, (1) by the terms of the trust the grantor reserved the power to make such changes in the trust as he saw fit and proper in the management, or in his opinion, were for the best interest of the beneficiaries, (2) he reserved the right to change the beneficiary, (3) he did not affix the required Revenue Stamps to the deeds of conveyance of property transferred to the trust, or record the same in the counties where the properties were located, (4) he retained large sums of the trust money in his personal bank account, subject to his own use, (5) of the autocratic manner in which he controlled and managed the trust estate, coupled with the intimate family relationship found to exist, he did not part with the substantial incidents and attributes of ownership over the property essential to non-taxability under Section 22 (a) or Sections 166 and 167 of the Revenue Act of 1934.
The trial court held that the powers reserved by the trust intrument were limited to management and did not authorize revocation, revestment or reverter; that he did part with the substantial incidents and attributes of ownership within the purview of the applicable taxing statutes. Norris v. Jones, D.C., 31 F.Supp. 463.
We think the scope of our examination requires us to consider whether or not under all the facts and circumstances presented, the grantor of the trust is taxable either under Section 22 (a) or Sections 166 and 167 of the Revenue Act of 1934.[2] Helvering v. Hormel, supra and Commissioner of Internal Revenue v. Richter, supra. Sections 166 and 167, and Section 22 (a) all deal with concepts of ownership, but the problem of interpretation under Sections 166 and 167 is quite different from that under Section 22 (a). Helvering v. Wood, 309 U.S. 344, 60 S.Ct. 551, 84 L. Ed. 796. The ambit of Sections 166 and 167 contemplates a limited purpose to tax income from trust property to the grantor. Taxation under Sections 166 and 167 is dependent upon the power of the grantor to revest the property in himself. If by the terms of the trust instrument the power to revest is found to exist, the income is taxable to the grantor under Sections 166 and 167; if it does not exist it is non-taxable to the grantor and taxable under Section 161 et seq. The question is uninfluenced by the power to revert upon termination. Helvering v. Wood, supra; Helvering v. Dunning, 4 Cir., 118 F.2d 341 and Commissioner of Internal Revenue v. O'Keeffe, 1 Cir., 118 F.2d 639. Cf. Regulation 86, Article 166-1; Regulation 94, Article 166-1, and T.D. 4629 of Regulation 86.
Under Section 22 (a), as liberally construed by Helvering v. Clifford, 309 U. S. 331, 60 S.Ct. 554, 84 L.Ed. 788, taxation to the grantor depends upon whether or not the grantor, after the trust has been established may still be treated as the owner of the corpus. Under this scheme (Section 22 (a) all attributes and incidents of ownership become material to the *10 question of taxability, and in the determination of this question many facts and circumstances become relevant, which may or may not be pertinent in the interpretation of Sections 166 and 167. It might be said that the power to tax income upon trust property to the grantor under Sections 166 and 167 is found within the borders of Section 22 (a), as interpreted by the Clifford case. Certainly, all elements of taxability under Sections 166 and 167 become relevant under Section 22 (a).
It is sufficient therefore for us to consider whether or not the grantor of the trust may be considered for all practical purposes the owner of the trust within the broad and sweeping provisions of Section 22 (a). In the determination of this question all facts and circumstances, which bear upon the creation and operation of this trust become material, as well as the terms and provisions of the trust instrument itself. Because of the intimate family relationship existing between the grantor and the beneficiaries, and the arrangement growing out of it, it is our duty to scrutinize the provisions of the trust and all the circumstances attendant upon its creation and operation. Helvering v. Clifford, supra and Cox v. Commissioner of Internal Revenue, 110 F.2d 934.
We think the rationale of the Clifford case does not bring the facts here within the taxing scope of Section 22 (a). Since the Clifford case, courts have held Section 22 (a) inapplicable to facts much weaker than the instant facts. Commissioner of Internal Revenue v. Branch, 1 Cir., 114 F.2d 985, 132 A.L.R. 839 and Helvering v. Achelis, 2 Cir., 112 F.2d 929.
In the Branch case, supra, the First Circuit refused to extend the rationale of the Clifford case beyond the facts presented therein and held that the grantor of a trust was not taxable upon the income of the trust which he had created for his wife, making himself the trustee with full powers of management. The court there said [114 F.2d 987]: "* * * Where the grantor has stripped himself of all command over the income for an indefinite period, and in all probability, under the terms of the trust instrument, will never regain beneficial ownership of the corpus, there seems to be no statutory basis for treating the income as that of the grantor under Section 22 (a) merely because he has made himself trustee with broad power in that capacity to manage the trust estate. * * *" See, also, Commissioner v. O'Keeffe, supra, 118 F.2d page 642.
In all cases wherein the courts have invoked the doctrine of the Clifford case to sustain the taxation of income from a trust estate to the grantor, the facts follow closely the Clifford case. Helvering v. Hormel, supra; Cox v. Commissioner of Internal Revenue, supra; Helvering v. Dunning, supra; First National Bank of Chicago v. Commissioner of Internal Revenue, 7 Cir., 110 F.2d 448; Thomson v. Helvering, 8 Cir., 114 F.2d 607, and Penn v. Commissioner of Internal Revenue, 8 Cir., 109 F.2d 954. In each of these cases, the court was dealing with a short term trust in which the power of revocation, revestment or reverter was either expressly manifest by the terms of the trust instrument, or the powers of management were so absolute as to admit of no question of the right of economic benefit to the grantor.
The salient features of this trust which distinguish it from the rationale of the Clifford case, and cases decided subsequently, are found, (1) in the tenure of the trust. The trust was to continue for a period of twenty years from its execution, (2) the grantor was to receive none of the benefits of either the corpus or income during its tenure, (3) on the termination of the trust both the corpus and the income were to be distributed to the beneficiaries named therein, or their issue, (4) the record does not show that the grantor ever received any economic benefit from either the corpus or the income of the trust.
It is true that in addition to the extensive powers of control and management granted by the trust, the trust instrument authorized the grantor to make such changes as he saw fit and proper in the management of the estate for the best interest of his beneficiaries, but such powers of change were limited to management and the power to revoke or retake any of the corpus or income was specifically denied to him.
We find no difficulty in divining the purpose of the power to make changes in the management, when such power is not inconsistent with the irrevocable provisions of the instrument. If the trust be irrevocable, it is certainly beyond the power of the grantor to revest or revert, because the property (both corpus and income) by *11 the terms of the trust instrument is to be distributed to the beneficiaries in person on its termination, or sooner in the discretion of the grantor.
The trust is valid under state law and enforceable as between the beneficiaries and the grantor. Section 9672, Oklahoma Statutes 1931, 16 Oklahoma Statutes Annotated Section 15; Kimberly v. Cissna, 161 Okl. 17, 16 P.2d 1090; Hudson v. Jones, D.C., 22 F.Supp. 938, and Rose v. Commissioner of Internal Revenue, 6 Cir., 65 F.2d 616.
We do not understand that the power of management, however unlimited, may operate to bring the grantor within the sweeping provisions of Section 22 (a), if by such powers he cannot derive any economic benefit therefrom, except whatever advantages he may gain by virtue of the provisions in the Revenue Act, which permits the creation of trusts and imposes taxation under Section 161 et seq.
It is plain that the question of taxability under Section 22 (2) or Sections 166 and 167 is one of degree and that we should resolve the substantial doubt in favor of taxability. Certainly, we should not allow "the form to obscure the reality." Where the line should be drawn depends upon the peculiar facts in each case, in the light of the broad reasoning manifest in the decisions before us. See Harrison v. Schaffner, 61 S.Ct. 759, 85 L.Ed. 1055, decided by the Supreme Court March 31, 1941.
Aside from the weight to be accorded the findings of fact below, Helvering v. Clifford, supra and Commissioner of Internal Revenue v. Branch, supra, our own appraisal of the facts leads irresistibly to the conclusion that the grantor retained neither the power to revoke, revest or revert either the corpus or the income. Absent these essential elements there can be no substantial incidents or attributes of ownership, sufficient to vest in the grantor any of the economic benefits of the trust, essential to taxation under either Section 22 (a) or Sections 166 and 167 of the Revenue Act of 1934.
The judgments of the lower court are affirmed.
NOTES
[1] The Commissioner contended below that Sections 166 and 167 of the Revenue Act of 1934 controlled the question. The case was presented, considered and decided under Sections 166 and 167. On appeal, the Commissioner contends that the taxpayer is taxable under either Section 22 (a) or Sections 166 and 167. No objection is laid to the consideration of the taxability of the taxpayer under either of the sections. We shall consider taxability under Section 22 (a) and Sections 166 and 167. Helvering v. Hormel, 8 Cir., 111 F.2d 1, affirmed by the Supreme Court March 17, 1941, 61 S.Ct. 719, 85 L.Ed. 1037, and Commissioner of Internal Revenue v. Richter, 3 Cir., 114 F.2d 452, reversed by the Supreme Court March 17, 1941, 61 S.Ct. 723, 85 L.Ed. 1043.
[2] Section 22 (a) of the Revenue Act of 1934, 48 Stat. 680, includes among "gross income" all "gains, profits, and income derived * * * from professions, vocations, trades, businesses, commerce, or sales, or dealings in property, whether real or personal, growing out of the ownership or use of or interest in such property; also from interest, rent, dividends, securities, or the transaction of any business carried on for gain or profit, or gains or profits and income derived from any source whatever."
Section 166 reads in full: "Where at any time the power to revest in the grantor title to any part of the corpus of the trust is vested
"(1) in the grantor, either alone or in conjunction with any person not having a substantial adverse interest in the disposition of such part of the corpus or the income therefrom, or
"(2) in any person not having a substantial adverse interest in the disposition of such part of the corpus or the income therefrom, then the income of such part of the trust shall be included in computing the net income of the grantor."
Section 167. Income for benefit of grantor. "(a) Where any part of the income of a trust
"(1) if, or in the discretion of the grantor or of any person not having a substantial adverse interest in the disposition of such part of the income may be, held or accumulated for future distribution to the grantor; or
"(2) may, in the discretion of the grantor or of any person not having a substantial adverse interest in the disposition of such part of the income, be distributed to the grantor; or
* * * * * *
then such part of the income of the trust shall be included in computing the net income of the grantor."
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<h2 title="Class URICertStoreParameters" class="title">Class URICertStoreParameters</h2>
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<pre>public final class <span class="typeNameLabel">URICertStoreParameters</span>
extends <a href="../../lang/Object.html" title="class in java.lang">Object</a>
implements <a href="CertStoreParameters.html" title="interface in java.security.cert">CertStoreParameters</a></pre>
<div class="block">Parameters used as input for <code>CertStore</code> algorithms which use
information contained in a URI to retrieve certificates and CRLs.
<p>
This class is used to provide necessary configuration parameters
through a URI as defined in RFC 5280 to implementations of
<code>CertStore</code> algorithms.
<p>
<b>Concurrent Access</b>
<p>
Unless otherwise specified, the methods defined in this class are not
thread-safe. Multiple threads that need to access a single
object concurrently should synchronize amongst themselves and
provide the necessary locking. Multiple threads each manipulating
separate objects need not synchronize.</div>
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<dt><span class="simpleTagLabel">Since:</span></dt>
<dd>9</dd>
<dt><span class="seeLabel">See Also:</span></dt>
<dd><a href="CertStore.html" title="class in java.security.cert"><code>CertStore</code></a>,
<a href="../../net/URI.html" title="class in java.net"><code>URI</code></a></dd>
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<th class="colConstructorName" scope="row"><code><span class="memberNameLink"><a href="#%3Cinit%3E(java.net.URI)">URICertStoreParameters</a></span>​(<a href="../../net/URI.html" title="class in java.net">URI</a> uri)</code></th>
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<div class="block">Creates an instance of <code>URICertStoreParameters</code> with the
specified URI.</div>
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<td class="colFirst"><code><a href="URICertStoreParameters.html" title="class in java.security.cert">URICertStoreParameters</a></code></td>
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<td class="colFirst"><code><a href="../../net/URI.html" title="class in java.net">URI</a></code></td>
<th class="colSecond" scope="row"><code><span class="memberNameLink"><a href="#getURI()">getURI</a></span>()</code></th>
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<div class="block">Returns the URI used to construct this
<code>URICertStoreParameters</code> object.</div>
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<td class="colFirst"><code>int</code></td>
<th class="colSecond" scope="row"><code><span class="memberNameLink"><a href="#hashCode()">hashCode</a></span>()</code></th>
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<div class="block">Returns a formatted string describing the parameters
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<h4>URICertStoreParameters</h4>
<pre>public URICertStoreParameters​(<a href="../../net/URI.html" title="class in java.net">URI</a> uri)</pre>
<div class="block">Creates an instance of <code>URICertStoreParameters</code> with the
specified URI.</div>
<dl>
<dt><span class="paramLabel">Parameters:</span></dt>
<dd><code>uri</code> - the URI which contains configuration information.</dd>
<dt><span class="throwsLabel">Throws:</span></dt>
<dd><code><a href="../../lang/NullPointerException.html" title="class in java.lang">NullPointerException</a></code> - if <code>uri</code> is null</dd>
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<h4>getURI</h4>
<pre class="methodSignature">public <a href="../../net/URI.html" title="class in java.net">URI</a> getURI()</pre>
<div class="block">Returns the URI used to construct this
<code>URICertStoreParameters</code> object.</div>
<dl>
<dt><span class="returnLabel">Returns:</span></dt>
<dd>the URI.</dd>
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<h4>clone</h4>
<pre class="methodSignature">public <a href="URICertStoreParameters.html" title="class in java.security.cert">URICertStoreParameters</a> clone()</pre>
<div class="block">Returns a copy of this object. Changes to the copy will not affect
the original and vice versa.</div>
<dl>
<dt><span class="overrideSpecifyLabel">Specified by:</span></dt>
<dd><code><a href="CertStoreParameters.html#clone()">clone</a></code> in interface <code><a href="CertStoreParameters.html" title="interface in java.security.cert">CertStoreParameters</a></code></dd>
<dt><span class="overrideSpecifyLabel">Overrides:</span></dt>
<dd><code><a href="../../lang/Object.html#clone()">clone</a></code> in class <code><a href="../../lang/Object.html" title="class in java.lang">Object</a></code></dd>
<dt><span class="returnLabel">Returns:</span></dt>
<dd>the copy</dd>
<dt><span class="seeLabel">See Also:</span></dt>
<dd><a href="../../lang/Cloneable.html" title="interface in java.lang"><code>Cloneable</code></a></dd>
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<pre class="methodSignature">public int hashCode()</pre>
<div class="block">Returns a hash code value for this parameters object.
The hash code is generated using the URI supplied at construction.</div>
<dl>
<dt><span class="overrideSpecifyLabel">Overrides:</span></dt>
<dd><code><a href="../../lang/Object.html#hashCode()">hashCode</a></code> in class <code><a href="../../lang/Object.html" title="class in java.lang">Object</a></code></dd>
<dt><span class="returnLabel">Returns:</span></dt>
<dd>a hash code value for this parameters.</dd>
<dt><span class="seeLabel">See Also:</span></dt>
<dd><a href="../../lang/Object.html#equals(java.lang.Object)"><code>Object.equals(java.lang.Object)</code></a>,
<a href="../../lang/System.html#identityHashCode(java.lang.Object)"><code>System.identityHashCode(java.lang.Object)</code></a></dd>
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<pre class="methodSignature">public boolean equals​(<a href="../../lang/Object.html" title="class in java.lang">Object</a> p)</pre>
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Two URICertStoreParameters are considered equal if the URIs used
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<pre class="methodSignature">public <a href="../../lang/String.html" title="class in java.lang">String</a> toString()</pre>
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including the URI used to construct this object.</div>
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Q:
custom query counting and grouping dates
From a database, I'm trying to find profiles that have been updated in the last X days and group them based on date.
My SQL structure looks like this:
id (int)
date_modified (date)
which produces a result something like this:
+----+---------------+
| id | date_modified |
+----+---------------+
| 86 | 2012-06-22 |
| 87 | 2012-06-22 |
| 88 | 2012-06-22 |
| 89 | 2012-06-22 |
| 63 | 2011-10-31 |
| 72 | 2012-02-06 |
| 60 | 2011-10-17 |
| 71 | 2012-02-29 |
| 69 | 2011-11-18 |
| 76 | 2012-02-29 |
| 70 | 2011-11-18 |
| 75 | 2012-02-29 |
| 73 | 2012-02-06 |
| 74 | 2012-02-28 |
| 77 | 2012-02-29 |
| 80 | 2012-05-07 |
| 82 | 2012-06-12 |
| 83 | 2012-08-15 |
| 84 | 2012-09-07 |
| 85 | 2012-08-15 |
+----+---------------+
Ideally, I would want to work the query so it produces a result like this:
+-------+----------+
| total | days_ago |
+-------+----------+
| 4 | 1 |
| 6 | 2 |
| 8 | 3 |
| 12 | 7 |
| 3 | 30 |
| 55 | 90 |
| 28 | 180 |
| 37 | 270 |
| 42 | 360 |
+----+-------------+
Where it's converting the date_modified to a number of days ago and grouping it in the increments shown above.
I'm assuming this would be possible using cases in the select query, but I'm a bit at a loss for how to go about doing it.
A:
You need to use the DATEDIFF MySQL function:
DATEDIFF() returns expr1 – expr2 expressed as a value in days from one date to the other. expr1 and expr2 are date or date-and-time expressions. Only the date parts of the values are used in the calculation.
In your case, it's simply solved by using
SELECT COUNT(date_modified) as total, DATEDIFF(date_modified, NOW()) as days_ago FROM mytable GROUP BY date_modified;
|
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Q:
Common uses of letrec, named let and internal defines?
I have a couple of books on Scheme, and some of them mention named let and letrec, but none will actually give a convincing example of each (I mean, when and why would I use one instead of the other).
Are there examples of situations where letrec/named let would be really a better alternative than an internal define, or even an outside auxiliary procedure?
A:
Which one you use is mostly a matter of style.
I don't find myself using letrec very often, just preferring internal defines. I do use named let quite often, to write tail-recursive loops, similar to this nonsense loop.
(let loop ((var init) (other-var other-init))
(cond
((done? var) var)
((finished? other-var) other-var)
(else (loop (modify var) (manipulate other-var)))))
You could do the same with a letrec or internal define, but I find this one easiest to read.
letrec can be useful when macro-expanding into places in which you don't want to create defines.
|
707 F.2d 1399
Brazil, Appeal of
82-5006
UNITED STATES COURT OF APPEALS Third Circuit
2/2/83
D.N.J., Meanor, J.
AFFIRMED
|
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