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James of Constantinople James (Ἰάκωβος; died 1700) was 3-time Ecumenical Patriarch of Constantinople (1679–1682, 1685–1686, 1687–1688). He was previously bishop of Larissa.
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Augustus George Hazard Augustus George Hazard (April 28, 1802 – May 7, 1868), known as Colonel Augustus Hazard, was an American gunpowder manufacturer and Hazardville, Connecticut's namesake. Hazard was born in Kingston, Rhode Island, on April 28, 1802, a son of Thomas and Silence Knowles Hazard. His family moved to Connecticut when he was six years old. As a young man, he worked as a merchant in Savannah, Georgia. In 1827 he relocated to New York City, where he was a commission agent engaged in selling gunpowder and other products. In 1837 he bought into a gunpowder production company that had been established two years earlier on the Scantic River in the town of Enfield, Connecticut. He assumed sole ownership of the company in 1843. The business was known thereafter as the Hazard Powder Company, and the village that supported it became known as Hazardville. During the early years of the Civil War, Colonel Hazard was under suspicion by the federal government as being sympathetic to the Southern cause. It was well known that he was a good friend of Confederate President Jefferson Davis, and that he lived in the South and had developed many business relationships. Shortly before South Carolina seceded from the Union, it bought 80,000 lbs. of powder that was used to propel the first shots fired on Fort Sumter. In fact, much of the powder in the Southern arsenals at the outset of the war was manufactured by the Connecticut company. The rapidly increasing demand for powder products compelled Hazard to hurry to expand his facilities to meet war time production needs. Soon Hazard Powder was supplying the Union Forces with 12,500 lbs of powder daily. The mill at Hazardville was in operation 24 hours a day and produced 40% of all the gunpowder used during the Civil War by the Union. Hazard lived on Enfield Street in Enfield, several miles from the powder mill, and ran the business until his death on May 7, 1868, at Ascot House in New York City.
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SMS Königsberg (1905) SMS Königsberg ("His Majesty's Ship Königsberg) was the lead ship of her class of light cruisers built by the German Kaiserliche Marine (Imperial Navy). Named after Königsberg, the capital of East Prussia, she was laid down in January 1905, launched in December of that year and completed by June 1906. Her class included three other ships: SMS Stettin, SMS Stuttgart, and SMS Nürnberg (1906). Königsberg was armed with a main battery of ten 10.5 cm guns and had a top speed of 24.1 kn. After her commissioning, Königsberg served with the High Seas Fleet's reconnaissance force. During this period, she frequently escorted Kaiser Wilhelm II's yacht on visits to foreign countries. In April 1914, the ship was sent on what was to have been a two-year deployment to German East Africa, but this was interrupted by the outbreak of World War I in August of that year. Königsberg initially attempted to raid British and French commercial traffic in the region, but only destroyed one merchant ship in the course of her career. Coal shortages hampered her ability to attack shipping. On 20 September 1914, she surprised and sank the British protected cruiser HMS Pegasus (1897) in the Battle of Zanzibar. Königsberg then retreated into the Rufiji River to repair her engines. Before the repairs could be completed, British cruisers located Königsberg, and, unable to steam into the river to destroy her, set up a blockade. After several attempts to sink the ship during the Battle of Rufiji Delta, the British sent two monitors, HMS Mersey (1914) and HMS Severn (1914), to destroy the German cruiser. On 11 July 1915, the two monitors got close enough to severely damage Königsberg, forcing her crew to scuttle the ship. The surviving crew salvaged all ten of her main guns and joined Lieutenant Colonel Paul von Lettow-Vorbeck's guerrilla campaign in East Africa. Königsberg was partially broken up in 1963–1965 for scrap, and the remains sank into the riverbed. Design Königsberg and her sisters were designed to serve both as fleet scouts in home waters and in Germany's colonial empire. This was a result of budgetary constraints that prevented the Kaiserliche Marine (Imperial Navy) from building more specialized cruisers suitable for both roles. The Königsberg class was an iterative development of the preceding Bremen-class cruiser. All four members of the class were intended to be identical, but after the initial vessel was begun, the design staff incorporated lessons from the Russo-Japanese War. These included internal rearrangements and a lengthening of the hull. Königsberg was 115.3 m long overall and had a beam of 13.2 m and a draft of 5.29 m forward. She displaced 3814 MT at full load. Her propulsion system consisted of two 3-cylinder triple-expansion steam engines powered by eleven coal-fired water-tube boilers rated at 9,709 kW. These provided a top speed of 24.1 kn and a range of approximately 5,750 nmi at 12 kn. Königsberg had a crew of 14 officers and 308 enlisted men. The ship was armed with a main battery of ten 10.5 cm SK L/40 guns in single pedestal mounts. There were two side by side forward on the forecastle, six amidships, three on either side, and two side by side aft. The guns had a maximum elevation of 30 degrees, which allowed them to engage targets out to 12,700 m. They were supplied with 1,500 rounds of ammunition, for 150 shells per gun. Königsberg also carried ten 5.2 cm SK guns in single mounts. She was also equipped with a pair of 45 cm torpedo tubes with five torpedoes submerged in the hull on the broadside. The ship was protected by an armored deck that was 80 mm thick amidships. The conning tower sides were 100 mm thick. Construction and early career Königsberg was ordered under the contract name "Ersatz SMS Meteor" and was laid down at the Imperial Dockyard in Kiel on 12 January 1905. She was launched on 12 December 1905, when the Oberbürgermeister of Königsberg, Siegfried Körte, christened the ship, after which fitting-out work commenced. She was commissioned into the High Seas Fleet for sea trials on 6 April 1907. Her trials were interrupted at the beginning of June when she was tasked with escorting Kaiser Wilhelm II's yacht SMY Hohenzollern during three sailing regattas including Kiel Week. The two ships then cruised the North Sea and stopped at Nordkapp, where from 3 to 6 August, Wilhelm II met Czar Nicholas II of Russia. After returning to Germany, Königsberg resumed her sea trials, which lasted from 9 August to 9 September. She visited her namesake city from 21 to 23 September and was later assigned to the fleet scouting forces to replace the cruiser SMS Medusa on 5 November. At this time, Königsberg was again used to escort Wilhelm II's yacht, this time in company with the new armored cruiser SMS Scharnhorst and the dispatch boat SMS Sleipner on a visit to Britain. The ships stopped in Portsmouth and the Thames, and were visited by Queen Wilhelmina of the Netherlands. On 17 December, Königsberg was tasked with another goodwill visit, this time escorting the Kaiser's brother, Prince Heinrich, and a delegation of naval officers to Malmö, Sweden to meet King Oscar II. The visit lasted until 20 December. Königsberg participated in the normal peacetime routine of individual and squadron training for 1908 without incident. The year ended with a major training cruise, first in the Baltic and North Sea and later into the Atlantic, that ended in early December. The ship then went into drydock over the winter of 1908–09 for periodic maintenance, emerging for service again in early February 1909. A typical training routine followed for the next two years, interrupted only by a collision with the new cruiser SMS Dresden (1907) on 16 February 1910 in the Kiel Bay, and two trips escorting the Kaiser in 1910; the first to Helgoland on 9–13 March and the second to Britain from 8 to 27 May. The collision with Dresden caused significant damage to both ships, though no one on either vessel was injured. Both ships were repaired in Kiel. Königsberg also won the Kaiser's Schießpreis (Shooting Prize) for excellent gunnery in the reconnaissance force during this period. From December 1909 to September 1910, Fregattenkapitän (Frigate Captain) Adolf von Trotha served as the ship's commander. From 8 March to 22 May 1911, Königsberg cruised in the Mediterranean Sea with Wilhelm II aboard Hohenzollern. On 10 June, Königsberg was replaced in the reconnaissance force by the new cruiser SMS Kolberg; Königsberg was transferred to Danzig, where she was placed out of service on 14 June for modernization work. On 22 January 1913, the ship was recommissioned for service with the fleet, to replace the cruiser SMS Mainz which was also being modernized. This service lasted until 19 June, when Königsberg was again placed in reserve in Kiel. During this period of active service, she was assigned to the training squadron from 1 to 18 April. In early 1914, the high command decided to send Königsberg to German East Africa, where she would replace the current station ship, the old unprotected cruiser SMS Geier. East Africa station On 1 April 1914, Fregattenkapitän Max Looff took command of the ship. Königsberg left Kiel on 25 April, stopped in Wilhelmshaven, and then left three days later for a two-year deployment to German East Africa. She steamed into the Mediterranean Sea and stopped in Spanish and Italian ports before entering the Suez Canal. After passing through the canal, she stopped briefly in Aden before arriving in Dar es Salaam, the capital of German East Africa, on 5 June. Two days later, the Schutztruppe (Protection Force) celebrated their 25th anniversary in the colony; the deputy commander of the Schutztruppe presented Looff with a model of the cruiser SMS Schwalbe, which had been the longest serving warship with the unit. Königsberg surveyed the harbor at Bagamoyo later in the year. The African colonial subjects considered the ship to be quite impressive, particularly her three funnels, which were assumed to signify a warship more powerful than one with only two funnels. The ship acquired the nickname Manowari na bomba tatu, or "the man of war with three pipes". As tensions in Europe rose in the aftermath of the assassination of Archduke Franz Ferdinand of Austria, Looff decided to abandon the normal peacetime training schedule and returned to Dar es Salaam on 24 July to replenish his coal and other stores. He also made efforts to organize a coast watcher network to report enemy ships and to protect German shipping in the area. On 27 July, Looff received a message from the Admiralstab (Admiralty Staff) informing him of the worsening political situation in Europe. Concurrently, the cruisers of the British Cape Squadron, HMS Astraea (1893), HMS Hyacinth (1898), and HMS Pegasus (1897), arrived with the intention of bottling up Königsberg at the colony's capital Dar es Salaam. Looff got his ship ready to sail and left port on the afternoon of 31 July 1914, with the three slower British ships shadowing him. Looff used a rain squall and his ship's superior speed to break contact with his British pursuers the following day. Königsberg steamed off Aden until 5 August, when word of the outbreak of hostilities between Britain and Germany belatedly reached the ship. World War I At the outbreak of World War I, Königsberg was ordered to attack British commerce around the entrance to the Red Sea. A lack of coal hampered Looff's efforts; the British prevented his collier Koenig from leaving Dar es Salaam and purchased all the coal in Portuguese East Africa to deny it to Königsberg. Looff then radioed the German steamer Zieten to warn her against using the Suez Canal, where she would have been confiscated. Königsberg chased after the German freighter Goldenfels, whose officers mistook the ship for a British cruiser and refused to stop. Königsberg was forced to fire a warning shot across the bow of Goldenfels to force the ship to stop so that Looff could warn her captain of the state of war. On 6 August, Königsberg found a British ship off the coast of Oman, the freighter City of Winchester. A prize crew took the ship along with Königsberg, and the two vessels met Zieten four days later in the Khuriya Muriya Islands, where coal from City of Winchester was transferred to Königsberg. The freighter was thereafter sunk. The British crew was taken aboard Zieten, which departed the following day and stopped in Mozambique. Meanwhile, the steamer Somali, under the command of Korvettenkapitän (Corvette Captain) Zimmer, had left Dar es Salaam with a cargo of 1200 MT of coal on the night of 3–4 August to resupply Königsberg; the two ships met ten days later. By the time Looff rendezvoused with Somali, his ship was down to a mere 14 MT of coal. Somali transferred some 850 MT of coal to the cruiser, which permitted a sweep to Madagascar. No British or French ships were found, however, and so Königsberg met Somali again on 23 August and took on coal for four days of cruising. In the meantime, British warships bombarded Dar es Salaam and destroyed the German wireless station there. By this time, Königsberg's engines required a thorough overhaul, and Looff needed to find a secluded area where the work could be completed. He settled on the Rufiji Delta, which had recently been surveyed by the survey ship Möwe. On 3 September 1914 at high tide, Königsberg passed over the bar at the mouth of the Rufiji and slowly made her way up the river. Coast watchers were stationed at the mouth of the river and telegraph lines were run to ensure the Germans would not be surprised by British ships searching for them. Zimmer, who was sending small coastal steamers to resupply Königsberg, observed a British cruiser—Pegasus—patrolling the coast for two weeks. He deduced that the ship would likely have to coal at Zanzibar on Sundays, and so Looff decided to attack the ship in port before he began his overhaul. He considered the action justified, since Britain had rejected a German proposal to keep central Africa neutral according to the Congo Act of 1885. On 19 September, Königsberg left the Rufiji and arrived off Zanzibar the following morning. She opened fire at a range of about 7000 m at 05:10, starting the Battle of Zanzibar; within 45 minutes, Pegasus caught fire, rolled over to port, and sank. Crewmen aboard Pegasus had raised a white flag, but it could not be seen aboard Königsberg due to the heavy smoke. Pegasus's crew suffered 38 dead and 55 wounded, while Königsberg was undamaged and had no casualties. After sinking Pegasus, Königsberg bombarded the wireless station and dumped barrels filled with sand into the harbor entrance to simulate mines. While leaving the harbor, Königsberg spotted the picket ship HMS Helmuth and sank her with three shells. The cruiser then returned to the Rufiji River so work could begin on overhauling her engines; the parts would need to be transported overland to the shipyard in Dar es Salaam where they could be rebuilt. While moored in the town of Salale, the ship was heavily camouflaged and defensive arrangements were erected. These included positioning soldiers and field guns to defend the approaches to the cruiser and establishing a network of coast watchers and telegraph lines to watch for hostile ships. An improvised minefield was also laid in the delta to keep the British ships from entering the river. Concerned with the threat Königsberg posed to troop transports from India, the British reinforced the flotilla tasked with tracking down the elusive German raider, and placed the ships under the command of Captain Sidney R. Drury-Lowe. The sinking of Pegasus convinced the British that Königsberg must still be in German East Africa. On 19 October, the cruiser HMS Chatham (1911) found the German East Africa Line ship Präsident at Lindi. A boarding party searched the ship and discovered documents indicating she had supplied Königsberg with coal in the Rufiji the previous month. On 30 October, the cruiser HMS Dartmouth (1911) located Königsberg and Somali in the delta. The cruisers Chatham, Dartmouth, and HMS Weymouth (1910) blockaded the Rufiji Delta to ensure Königsberg could not escape. Battle of Rufiji Delta On 3 November, the British began a bombardment in an attempt to destroy or neutralize Königsberg and Somali. Königsberg was protected by the thick mangrove swamps, which concealed the ship and offered a degree of cover from British shellfire, especially while the British ships remained outside the river. A collier, Newbridge, was converted into a blockship to be sunk in the main channel of the delta to prevent Königsberg's escape. Despite heavy German fire from both sides of the river, the British successfully sank Newbridge across one of the delta mouths on 10 November, though the German raider could still put to sea via other channels. Looff decided to move his ship further upriver, to make it more difficult for the British to destroy her. In doing so, his ship would occupy a disproportionate number of British vessels that could otherwise have been employed elsewhere. In the course of the campaign, the British reinforced the squadron blockading the Rufiji with additional cruisers, including HMS Pyramus (1897) and the Australian HMAS Pioneer. A civilian pilot, Dennis Cutler of Durban, South Africa, was commissioned into the Royal Marines and persuaded to make his private Curtiss seaplane available for the British Empire. The Royal Navy requisitioned the passenger ship SS Kinfauns Castle to serve as a makeshift tender for Cutler's aircraft. On his first attempt to locate the cruiser, Cutler, who did not have a compass, got lost and was forced to land on a desert island. On his second flight, he successfully located Königsberg, and a third flight with a Royal Navy observer confirmed his observations. His aircraft's radiator was damaged on the flight by ground fire and he was grounded until replacement parts could be brought from Mombasa. A pair of Royal Naval Air Service Sopwiths were brought up with the intention of scouting and even bombing the ship. They soon fell apart in the tropical conditions. A trio of Short seaplanes fared a little better, though they too were quickly disabled by the conditions. Also in November, the British sought to use the 12 in guns of the old battleship HMS Goliath (1898) to sink the cruiser. The attempt was unsuccessful, once again because the shallow waters prevented the battleship from getting within range. In December, Oberstleutnant (Lieutenant Colonel) Paul von Lettow-Vorbeck requested as many crew members from the ship as possible for the East Africa Campaign against the British; a total of 220 men were left aboard to keep the ship in fighting condition. This was not enough, however, to permit the ship to go to sea. Königsberg moved further up the river on 18 December. On 23 December, the British used a pair of shallow-draft ships to sail up the delta. They hit Somali once before German defensive fire forced them to retreat. In the meantime, conditions were deteriorating on Königsberg. There were shortages of coal, ammunition, food, and medical supplies. Although safe from the British, the crew was ravaged by malaria and other tropical ailments. Generally cut off from the outside world, the morale of the sailors fell. However, the situation was marginally improved with a scheme to resupply the ship and give her a fighting chance to return home. A captured British merchant ship, Rubens, was renamed Kronborg. It was given a Danish flag, papers, and a crew of German sailors selected for their ability to speak Danish. It was then packed with coal, field guns, ammunition, small arms, and various supplies. As the freighter approached East Africa, Königsberg prepared to sortie to meet the ship and attempt to break out and return to Germany. Instead, Königsberg was trapped in the river by two cruisers and several smaller vessels. Hyacinth intercepted Kronborg as she approached, and chased her to Manza Bay. The trapped ship was forced aground and set on fire, but the Germans salvaged much of her cargo and put it to use later in the East Africa Campaign. Finally, in April 1915, the British Admiralty agreed to a plan submitted by Drury-Lowe the previous November, which envisioned attacking the German cruiser with shallow-draft monitors, capable of navigating the Rufiji River. Two of the warships, HMS Mersey (1914) and HMS Severn (1914), armed with a pair of 6 in guns each, were brought from Britain. Königsberg had in the meantime been moved a third time, even further upriver. On 6 July 1915, the two monitors crossed the outer sandbar and steamed up the river, despite heavy fire from German positions on the river banks. They stopped at a point they thought to be 10000 yd from Königsberg, which would be in range of their own guns but farther than the smaller German guns could reply. Aircraft were used to spot the fall of shot. The monitors' navigation was faulty, however, and after opening fire, they found themselves to be within range of Königsberg's guns. She hit Mersey twice in the engagement; one shell disabled the forward 6-inch gun, and another holed the ship below the waterline. Königsberg was hit four times in return, one shell striking beneath the waterline and causing some flooding. In the span of three hours, Königsberg forced both British ships to withdraw. They returned again on 11 July, after having repaired the damage sustained in the first attempt. The two monitors conducted a five-hour bombardment. Königsberg opened fire at 12:12, initially with four guns, but only three guns remained in action after 12:42, two guns after 12:44, and one gun after 12:53. The two monitors did not respond until 12:31, once they had been anchored into their firing positions, and scored several serious hits that caused a major fire at the ship's stern and inflicted heavy casualties. By 13:40, Königsberg had run low on ammunition and her gun crews had suffered very heavy casualties, and so Looff ordered the crew to abandon ship and to drop the breech blocks for the guns overboard to disable them. Two torpedo warheads were detonated in the ship's bow to scuttle her; the ship rolled over slightly to starboard and sank up to the upper deck with her flags still flying. Nineteen men had been killed in the battle, with another forty-five wounded, including Looff. Later that day, the crew returned to haul down the ship's flag and gave three cheers for the Kaiser. The guns and other usable equipment were salvaged from the wreck starting the following day. The guns were converted into field artillery pieces and coastal guns; together with the ship's crew, they went on to see service in the East African land campaign under Lettow-Vorbeck. All ten guns were repaired in Dar es Salaam over the next two months; one was mounted on the converted ferry Götzen of the inland Lake Tanganyika fleet. The surviving sailors, organized as the Königsberg-Abteilung (Königsberg-Detachment), eventually surrendered on 26 November 1917 and were interned in British Egypt. In 1919, after the war, the men took part in a parade through the Brandenburg Gate in Berlin to celebrate their service and that of their ship. In 1924, John Ingle, the former captain of Pegasus, was tasked with clearing wrecks from the harbor in Dar es Salaam. At that time, he bought the salvage rights to Königsberg for the price of £200; he sent divers to extract non-ferrous scrap metal from the wreck and in turn sold the rights. Salvage work continued into the 1930s, and by the 1940s the hull had rolled over to her starboard side. As late as 1965, salvage work continued, but in 1966 the wreck collapsed and finally sank into the riverbed. Three of the ship's 10.5 cm guns are preserved, one in Pretoria, South Africa, one in Jinja, Uganda, and one in Mombasa, along with a gun from Pegasus.
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Latin American payment giant rises amid pandemic, with an eye on China's Ant | Reuters Discover Thomson Reuters By Cassandra Garrison 6 Min Read BUENOS AIRES (Reuters) - Latin America's top e-commerce firm is revving up its digital payments engine as shops shift online amid the coronavirus pandemic, and is looking toward China for inspiration to bring the region's un-banked and cash-loving savers online. Transactions on the platform of Mercado Pago, the finance arm of MercadoLibre MELI.O, more than doubled in the second quarter, and its CEO sees China's Alibaba 9988.HK and its huge payment affiliate, Ant Group, as a model to follow. Many of the things we did were inspired by how they have worked in China, Osvaldo Gimenez, Mercado Pago's chief executive, told Reuters, adding the unit also had close ties with Tencent Holdings Ltd 0700.HK, India's Paytm and U.S. firm PayPal Holdings Inc PYPL.O, which invested $750 million in MercadoLibre last year. When we saw what Ant Financial had done with their investment fund, we replicated that with our investment funds in Argentina, Brazil and Mexico, he added, referring to a money market fund for savers akin to Ant's Yu'e Bao. MercadoLibre's payments drive offers a tantalizing prospect of an e-commerce-to-digital-wallet ecosystem that could come to dominate in Latin America in the same way Alibaba and Ant are ubiquitous in the world's No. 2 economy. The firm's market capitalization has doubled this year alone to $61.6 billion, though that is still a far cry from Ant's targeted valuation of $250 billion. Mercado Pago's fund, luring savers to invest small sums for higher returns than at banks, has over 11 million users, again far smaller than Yu'e Bao. But there is room for huge growth. Half the population in Latin America lacks bank accounts, and digital payment firms are blossoming, including players like banking app Uala and unicorns dLocal and Nubank. The region's mobile payments market is forecast to hit $302.7 billion by 2025, according to a report from consultancy PayNXT360, up from $50 billion in 2016. Gimenez said downloads of the Mercado Pago app have risen to almost match those of MercadoLibre in some markets, which he said was a major shift from two or three years ago when there were closer to 20 downloads of the e-commerce app for every download of Mercado Pago. Purchases on MercadoLibre now account for just 35% of total Mercado Pago transactions as more people use the platform, which offers QR code payments, debit cards, a digital wallet and transfers, for other tasks. For a graphic on Digital Payments Rise: 'HERE TO STAY' A wave of small businesses going digital during the pandemic has helped. Argentine Andrea Manoli was forced to shutter her Buenos Aires hair salon due to a lockdown and turned to selling hair products online, using the app. It was just a more practical way of doing things, than giving a bank number, Manoli said, citing the platform for helping fuel her business. Alejandro Pitashny, owner of Buenos Aires restaurant Fayer, said he had switched to the platform both to take payments for deliveries and to pay suppliers, adding digital payments worked well in the pandemic era. After the restaurant reopened for outdoor dining, Pitashny continued to offer the app as a payment option for customers. It's a complementary tool for restaurants and other businesses in Buenos Aires, that's for sure. It's here to stay. Nathan Lustig, managing partner at Latin American tech-focused venture capital fund Magma Partners, said the shift was likely to outlive the pandemic. MercadoLibre's payments business is huge, and it's something that wasn't their core focus at the beginning, he said. There's a huge opportunity in digital payments in Latin America, and there probably won't be just one winner. Gimenez said Chile and Colombia would be major focuses for the company next year. He added the payments unit was happy for now to grow aggressively together with the core e-commerce business, though he did not rule out a future spin-off or IPO. I think once people get familiar with payments for services by tapping their phone and scanning a specific bill, there is no way back to lining up for 20 minutes to pay an electricity bill, he added. PAYMENTS 'HIGHWAY' In cash-heavy Latin America, shifting people online still has its challenges. Just over half of the region's adults have a bank account, according to World Bank data from 2017, though digital payments have been an area of growth. There's been more and more being spent online versus offline. We don't think this is something new, but we do believe there has been an acceleration in the few months during the pandemic, said Sebastin Kanovich, CEO of Uruguay-based dLocal. The cross-border payments firm recently became a so-called unicorn, valued at over $1 billion, after raising $200 million in new funding. Once you build a highway, more people get to be connected with these companies, Kanovich added. Argentine mobile banking service Uala, backed by Tencent and SoftBank Group Corp 9984.T, recently announced plans to expand to Mexico, where only about 47% of people have a bank account, after seeing an explosion of payments for services during the health crisis. Uala CEO Pierapolo Barbieri told Reuters the firm had added 250 jobs during the pandemic. We've seen changes in weeks or months that we were expecting in years, he said in a group interview. For a graphic on MercadoLibre's pandemic bump: Reporting by Cassandra Garrison in Buenos Aires; Editing by Adam Jourdan, Christian Plumb and Matthew Lewis Our Standards: The Thomson Reuters Trust Principles. All quotes delayed a minimum of 15 minutes. See here for a complete list of exchanges and delays.
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Doctor recommendations on laser hair removal for pregnant women Doctor recommendations on laser hair removal for pregnant women Is Laser Hair Removal Safe for Pregnant Women? When it comes to at-home laser hair removal, the safety of pregnant women is an essential consideration. Although there is not enough research to conclusively prove that laser hair removal is harmful during pregnancy, many doctors advise against it. This is mainly due to the lack of evidence on the potential risks and potential hormonal changes that could impact hair growth during pregnancy. In summary, safety concerns for pregnant women are not fully understood, and it’s better to err on the side of caution. What Are the Alternatives to Laser Hair Removal for Pregnant Women? Fortunately, pregnant women have several safe alternatives to laser hair removal. Options include shaving, waxing, and using a depilatory cream. These methods are considered safer because they do not use light or heat energy that could potentially harm the growing fetus. Moreover, these alternatives are temporary, unlike the more permanent results of laser hair removal. To minimize skin irritation, choose products specifically designed for sensitive skin. • Shaving: A safe and cost-effective option, be sure to use a gentle shaving cream and clean razor to avoid nicks and cuts. • Waxing: An effective hair removal method that can last for weeks, pregnant women should consult their doctor before waxing due to increased skin sensitivity. • Depilatory Creams: These creams dissolve hair at the skin’s surface; always carry out a patch test to ensure no adverse reactions occur. What Do Doctors Recommend for Post-Pregnancy Laser Hair Removal? Once you have given birth and completed your breastfeeding journey, laser hair removal can be a viable option. Doctors recommend waiting until hormone levels return to normal, as pregnancy and breastfeeding hormones could affect hair growth pattern and density. Consult with a professional to determine the most suitable time to resume or start laser hair removal treatments. Typically, this will be a few months postpartum when your body has had a chance to recover. How Can Pregnant Women Prepare for Future Laser Hair Removal Treatments? In anticipation of future laser hair removal treatments, pregnant women can take steps to ensure their skin is ready when the time comes. Here are three simple tips: • Avoid excessive sun exposure: Tanned or sunburnt skin increases the risk of adverse reactions to laser hair removal treatments. Use SPF 30 or higher sunscreen and limit sun exposure. • Stay informed: Research the latest advancements in laser hair removal and consult with professionals to determine the best course of action for you. • Plan ahead: Once your doctor gives the green light, discuss potential treatment areas, schedules, and costs to ensure a successful and smooth experience. What Are The Precautions Pregnant Women Should Take With Hair Removal Methods? Regardless of the chosen hair removal method, pregnant women should take certain precautions due to increased skin sensitivity and hormonal changes. Here are a few tips for safe hair removal during pregnancy: • Consult with a healthcare professional before undergoing any hair removal treatments. • Choose products specifically designed for sensitive skin to minimize irritation. • Carry out a patch test with hair removal products to ensure no allergic reactions occur. • For shaving, always use a clean razor and gentle shaving cream to avoid nicks and cuts. Leave a Comment
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Nicene and Post-Nicene Fathers: Series II/Volume I/Church History of Eusebius/Book III/Chapter 4 The First Successors of the Apostles. 1. Paul preached to the Gentiles and laid the foundations of the churches “from Jerusalem round about even unto Illyricum,” is evident both from his own words, and from the account which Luke has given in the Acts. 2. And in how many provinces Peter preached Christ and taught the doctrine of the new covenant to those of the circumcision is clear from his own words in his epistle already mentioned as undisputed, in which he writes to the Hebrews of the dispersion in Pontus, Galatia, Cappadocia, Asia, and Bithynia. 3. But the number and the names of those among them that became true and zealous followers of the apostles, and were judged worthy to tend the churches founded by them, it is not easy to tell, except those mentioned in the writings of Paul. 4. For he had innumerable fellow-laborers, or “fellow-soldiers,” as he called them, and most of them were honored by him with an imperishable memorial, for he gave enduring testimony concerning them in his own epistles. 5. Luke also in the Acts speaks of his friends, and mentions them by name. 6. Timothy, so it is recorded, was the first to receive the episcopate of the parish in Ephesus, Titus of the churches in Crete. 7. But Luke, Of Luke personally we know very little. He is not mentioned in the Acts, and only three times in Paul’s epistles (Col. iv. 14; Philem. 24; 2 Tim. iv. 11), from which passages we learn that he was a physician, was one of Paul’s fellow-workers who was very dear to him, and was with him during his last imprisonment. Irenæus, who is the first to ascribe the third Gospel and the Acts to this Luke, seems to know nothing more about him personally. Eusebius is the first to record that he was born at Antioch; but the tradition must have been universally accepted in his day, as he states it without any misgivings and with no qualifying phrase. Jerome (de vir. ill. 7) and many later writers follow Eusebius in this statement. There is no intrinsic improbability in the tradition, which seems, in fact, to be favored by certain minor notices in the Acts (see Schaff, Ch. Hist. I. 651). Gregory Nazianzen (Orat. 25) says that he labored in Achaia, and in Orat. 4 he calls him a martyr. Jerome (ibid.) says that he was buried in Constantinople. According to Nicephorus (H. E. II. 43) and later writers, Luke was a painter of great skill; but this late tradition, of which the earlier Fathers know nothing, is quite worthless. Epiphanius (Hær. II. 11) makes him one of the Seventy, which does not accord with Luke’s own words at the beginning of his Gospel, where he certainly implies that he himself was not an eye-witness of the events which he records. In the same connection, Epiphanius says that he labored in Dalmatia, Gallia, Italy, and Macedonia,—a tradition which has about as much worth as most such traditions in regard to the fields of labor of the various apostles and their followers. Theophylact (On Luke xxiv. 13–24) records that some supposed that he was one of the disciples with whom Christ walked to Emmaus, and this ingenious but unfounded guess has gained some modern supporters (e.g. Lange). He is a saint in the Roman Catholic sense, and is commemorated October 18. who was of Antiochian parentage and a physician by profession, and who was especially intimate with Paul and well acquainted with the rest of the apostles, has left us, in two inspired books, proofs of that spiritual healing art which he learned from them. One of these books is the Gospel, which he testifies that he wrote as those who were from the beginning eye witnesses and ministers of the word delivered unto him, all of whom, as he says, he followed accurately from the first. The other book is the Acts of the Apostles Traces of a knowledge of the Acts are found in the Apostolic Fathers, in Justin, and in Tatian, and before the end of the second century the book occupied a place in the Canon undisputed except by heretics, such as the Marcionites, Manicheans, &c. The Muratorian Fragment and Irenæus (III. 14) are the first to mention Luke as the author of the Acts, but from that time on tradition has been unanimous in ascribing it to him. The only exception occurs in the case of Photius (ad Amphil. Quæst. 123, ed. Migne), who states that the work was ascribed by some to Clement, by others to Barnabas, and by others to Luke; but it is probable as Weiss remarks that Photius, in this case, confuses the Acts with the Epistle to the Hebrews. As to the date of its composition. Irenæus (III. 1. 1) seems (one cannot speak with certainty, as some have done) to put it after the death of Peter and Paul, and therefore, necessarily, the Acts still later. The Muratorian Fragment implies that the work was written at least after the death of Peter. Later, however, the tradition arose that the work was written during the lifetime of Paul (so Jerome, de vir. ill. 7), and this has been the prevailing opinion among conservative scholars ever since, although many put the composition between the death of Paul and the destruction of Jerusalem; while some (e.g. Weiss) put it after the destruction of Jerusalem, though still assigning it to Luke. The opposite school of critics deny Luke’s authorship, throwing the book into the latter part of the first century (Scholten, Hilgenfeld, &c.), or into the times of Trajan and Hadrian (e.g. Volkmar, Keim, Hausrath, &c.). The Tübingen School saw in the Acts a “tendency-writing,” in which the history was intentionally perverted. This theory finds few supporters at present, even among the most extreme critics, all of whom, however, consider the book a source of the second rank, containing much that is legendary and distorted and irreconcilable with Paul’s Epistles, which are looked upon as the only reliable source. The question turns upon the relation of the author of the “we” sections to the editor of the whole. Conservative scholars agree with universal tradition in identifying them (though this is not necessary in order to maintain the historical accuracy of the work), while the opposite school denies the identity, considering the “we” sections authentic historical accounts from the pen of a companion of Paul, which were afterward incorporated into a larger work by one who was not a pupil of Paul. The identity of the author of the third Gospel and of the Acts is now admitted by all parties. See the various Commentaries and New Testament Introductions; and upon the sources of the Acts, compare especially Weizsäcker’s ''Apost. Zeitalter, p. 182 sqq., and Weiss’ Einleitung,'' p. 569 sq. which he composed not from the accounts of others, but from what he had seen himself. 8. And they say that Paul meant to refer to Luke’s Gospel wherever, as if speaking of some gospel of his own, he used the words, “according to my Gospel.” Rom. ii. 16, xvi. 25; 2 Tim. ii. 8. Eusebius uses the expression φασί, “they say,” which seems to imply that the interpretation was a common one in his day. Schaff (Ch. Hist. I. p. 649) says that Origen also thus interpreted the passages in Romans and Timothy referred to, but he gives no references, and I have not been able to find in Origen’s works anything to confirm the statement. Indeed, in commenting upon the passages in the Epistle to the Romans he takes the words “my Gospel” to refer to the gospel preached by Paul, not to the Gospel written by Luke. It is true, however, that in the passage from his Commentary on Matthew, quoted by Eusebius in VI. 25, below, Origen does suppose Paul to refer to Luke and his Gospel in 2 Cor. viii. 18. The interpretation of the words “according to my Gospel,” which Eusebius represents as common in his day, is adopted also by Jerome (de vir. ill. chap. 7), but is a gross exegetical blunder. Paul never uses the word εὐαγγέλιον in such a sense, nor is it used by any New Testament writer to designate the gospel record, or any one of the written Gospels. It is used always in the general sense of “glad tidings,” or to denote the scheme of salvation, or the substance of the gospel revelation. Eusebius is not the first to connect Luke’s Gospel with Paul. The Muratorian Fragment speaks of Luke’s connection with Paul, and Irenæus (III. 1. 1, quoted below in V. 8. §2) says directly that Luke recorded the Gospel preached by Paul. Tertullian (Adv. Marcion. IV. 5) tells us that Luke’s form of the Gospel is usually ascribed to Paul, and in the same work, IV. 2, he lays down the principle that the preaching of the disciples of the apostles needs the authority of the apostles themselves, and it is in accord with this principle that so much stress was laid by the early Church upon the connection of Mark with Peter and of Luke with Paul. In chap. 24 Eusebius refers again to Luke’s relation to Paul in connection with his Gospel, and so, too, Origen, as quoted by Eusebius, Bk. VI. chap. 25. The Pauline nature of the Gospel has always been emphasized, and still is by the majority of scholars. This must not be carried so far, however, as to imply that Luke drew his materials from Paul; for Paul himself was not an eye-witness, and Luke expressly states in his preface the causes which induced him to write, and the sources from which he derived his material. The influence of Paul is seen in Luke’s standpoint, and in his general spirit—his Gospel is the Gospel of universal salvation. 9. As to the rest of his followers, Paul testifies that Crescens was sent to Gaul; 2 Tim. iv. 10, where the Greek word used is ἐπορεύθη, which means simply “went” or “is gone.” That Paul had sent him as Eusebius states (using the word στειλ€μενος) is not implied in the epistle. Instead of εἰς τὰς Γαλλίας (or τὴν Γαλλίαν) most of the ancient of the New Testament have εἰς Γαλατίαν, which is the reading of the Textus Receptus, of Tregelles, of Westcott and Hort and others. Some , however (including the Sinaitic), have Γαλλίαν, which Tischendorf adopts; and some of the of Eusebius also have this form, though the majority read τὰς Γαλλίας. Christophorsonus in his edition of Eusebius reads ἐπὶ τὴν Γαλατίαν, but entirely without authority. Epiphanius (Hær. LI. 11) contends that in 2 Tim. iv. 10 should be read Γαλλία and not Γαλατία: οὐ γὰρ ἐν τῇ Γαλατί& 139· ὥς τινες πλανηθέντης νομίζουσιν, ἀλλὰ ἐν τῇ Γαλλί& 139·. Theodoret (in 2 Tim. iv. 10) reads Γαλατίαν, but interprets it as meaning τὰς Γαλλίας: οὕτω γὰρ ἐκαλοῦντο π€λαι. but Linus, whom he mentions in the Second Epistle to Timothy as his companion at Rome, was Peter’s successor in the episcopate of the church there, as has already been shown. 10. Clement also, who was appointed third bishop of the church at Rome, was, as Paul testifies, his co-laborer and fellow-soldier. Clement is mentioned in Phil. iv. 3, but is not called a “fellow-soldier.” Eusebius was evidently thinking of Paul’s references to Epaphroditus (Phil. ii. 25) and to Archippus (Philem. 2), whom he calls his fellow-soldiers. The Clement to whom Eusebius here refers was a very important personage in the early Roman church, being known to tradition as one of its first three bishops. He has played a prominent part in Church history on account of the numerous writings which have passed under his name. We know nothing certain about his life. Eusebius identifies him with the Philippian Clement mentioned by Paul,—an identification apparently made first by Origen, and after him repeated by a great many writers. But the identification is, to say the least, very doubtful, and resting as it does upon an agreement in a very common name deserves little consideration. It was quite customary in the early Church to find Paul’s companions, whenever possible, in responsible and influential positions during the latter part of the first century. A more plausible theory, which, if true, would throw an interesting light upon Clement and the Roman church of his day, is that which identifies him with the consul Flavius Clement, a relative of the emperor Domitian (see below, chap. 18, note 6). Some good reasons for the identification might be urged, and his rank would then explain well Clement’s influential position in the Church. But as pointed out in chap. 18, note 6, it is extremely improbable that the consul Flavius Clement was a Christian; and in any case a fatal objection to the identification (which is nevertheless adopted by Hilgenfeld and others) is the fact that Clement is nowhere spoken of as a martyr until the time of Rufinus, and also that no ancient writer identifies him or connects him in any way with the consul, although Eusebius’ mention of the latter in chap. 23 shows that he was a well-known person. When we remember the tendency of the early Church to make all its heroes martyrs, and to ascribe high birth to them, the omission in this case renders the identification, we may say, virtually impossible. More probable is the conjecture of Lightfoot, that he was a freedman belonging to the family of the consul Clement, whose name he bore. This is simply conjecture, however, and is supported by no testimony. Whoever Clement was, he occupied a very prominent position in the early Roman church, and wrote an epistle to the Corinthians which is still extant (see below, chap. 16; and upon the works falsely ascribed to him, see chap. 38). In regard to his place in the succession of Roman bishops, see chap. 2, note 1, above. For a full account of Clement, see especially Harnack’s Prolegomena to his edition of Clement’s Epistle (Patrum Apost. Opera, Vol. 1.), Salmon’s article, Clemens Romanus, in the ''Dict. of Christ. Biog., Schaff’s Ch. Hist.'' II. 636 sq., and Donaldson’s ''Hist. of Christ. Lit. and Doctrine,'' I. p. 90 sq. 11. Besides these, that Areopagite, named Dionysius, who was the first to believe after Paul’s address to the Athenians in the Areopagus (as recorded by Luke in the Acts) Acts xvii. 34. This Dionysius has played an important part in Church history, as the pretended author of a series of very remarkable writings, which pass under the name of Dionysius, the Areopagite, but which in reality date from the fifth or sixth century and probably owe their origin to the influence of Neo-Platonism. The first mention of these writings is in the records of the Council of Constantinople (532 ); but from that time on they were constantly used and unanimously ascribed to Dionysius, the Areopagite, until, in the seventeenth century, their claims to so great antiquity were disputed. They are still defended, however, in the face of the most positive evidence, by many Roman Catholic writers. The influence of these works upon the theology of the Middle Ages was prodigious. Scholasticism may be said to be based upon them, for Thomas Aquinas used them, perhaps, more than any other source; so much so, that he has been said “to have drawn his whole theological system from Dionysius.” Our Dionysius has had the further honor of being identified by tradition with Dionysius (St. Denis), the patron saint of France,—an identification which we may follow the most loyal of the French in accepting, if we will, though we shall be obliged to suppose that our Dionysius lived to the good old age of two to three hundred years. The statement of Dionysius of Corinth that the Areopagite was bishop of Athens (repeated by Eusebius again in Bk. IV. chap. 23) is the usual unwarranted throwing back of a second century conception into the first century. That Dionysius held a position of influence among the few Christians whom Paul left in Athens is highly probable, and the tradition that later he was made the first bishop there is quite natural. The church of Athens plays no part in the history of the apostolic age, and it is improbable that there was any organization there until many years after Paul’s visit; for even in the time of Dionysius of Corinth, the church there seems to have been extremely small and weak (cf. Bk. IV. chap. 23, §2). Upon Dionysius and the writings ascribed to him, see especially the article of Lupton in the ''Dict. of Christ. Biog.'' I. p. 841–848. is mentioned by another Dionysius, an ancient writer and pastor of the parish in Corinth, as the first bishop of the church at Athens. 12. But the events connected with the apostolic succession we shall relate at the proper time. Meanwhile let us continue the course of our history.
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Talk:Nikola Kesarovski Untitled I am from Bulgaria and I dare say I have a pretty good general knowledge of Bulgarian cultural and social life. This writer is by no means well known and I think the majority of Bulgarians have never even heard of him. This looks to me like a post for purely advertising purposes. I suggest deletion.
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Wikipedia:WikiProject Comics/Welcome header Welcome to WikiProject Comics, a project formed by Wikipedians to increase, expand, improve, and better organize articles related to comics in Wikipedia, the largest encyclopedia in the world! We rely on comics enthusiasts worldwide to make this the best comics encyclopaedia on the web. If you are interested in participating, why not see how you can get involved? If you would like to help, please inquire on the talk page and see the to-do list there. For more information on WikiProjects, please see WikiProjects and WikiProject best practices. Scope The scope of WikiProject Comics is improve the vast expanse of knowledge that comics have become. This WikiProject will attempt to cover all comics-related information included on Wikipedia. We will do this through volunteer contributors and editors. If you are interested in joining the WikiProject, please feel free to add your name to the Participants list below, and find yourself an article to adopt.
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Page:Ruffhead - The Statutes at Large - vol 4.djvu/309 A.D.i'/o6. Anno quinto Ann/e Reginje. C. 28. 257 thoufand and twelve Pounds feven Shillings and fix Pence, for defraying her Majefty's Share of the Agio Bread and Forrage, for twelve thoufand Prujfians imployed in her Majefty's Service in the Netherlands; PruflUn Troops, and for or towards a Sum not exceeding twenty thoufand Pounds, for an additional Subfidy to the Land- grave of l/f/7? C^t/Zi.'/ for augmenting his Troops, and marching them into /:ffl/y, and for defraying their L^ndgrare of Expence of Bread, Waggons, and Carriages, and of Hofpitals for their Sick and Wounded, for the Ser- HelTcCaflel. vice of the Year one thoufand feven hundred and feven; and for or towards the making good a Sum not exceeding nineteen thoufand feven hundred fifty-five Pounds nine Shillings and fix Pence, for defraying her Majefl:y's Proportion of the Agio Bread and Forrage for the faid twelve thoufand Prujfians^ from their Prumans. coming into her Majefly's Service, until the faid three and twentieth Day Oi Decanber one thoufand fe- ven hundred and fix, and for or towards the making o;ood a Sum not exceeding eleven thoufand feven hundred and eighty Pounds and eighteen Shillings, for defraying her Majefty's Proportion of the extra- ordinary Charge for the Augmentation Troops of the Landgrave of Heffi CnJJil imployed in Italy, from the Augmentation twentieth Day of Mny one thoufand feven hundred and fix; and for or towards the making good a Sum Troops of Hcffc. not exceeding thirty-four thoufand fix hundred and feven Pounds thirteen Shillings and five Pence Half Penny, for Levy-money to recruit feveral Horfes of the Foreign Troops in her Majefty's Pay, th^.t were killed or died of the common Diftemper in Flanders, in the Year one thoufand feven hundred and five; and for or towards the making good a Sum not exceeding eleven hundred forty-fix Pounds, for a further Allowance of Levy-money for recruiting the Horfes of the Englljh Horfe and Dragoons lofl: in the Levy-momy, fame Campaign in Flanders; and for or towards the making good a Sum not exceeding feven thoufand five hundred feventy-three Pounds, for Levy-money to recruit other Horfes of the End'ijh Horfe and Dra- goons, and for Officers Horfes which died of the common Diftemper after the faid Campaign there, be- tween the one and thirtieth Day of OHoher one thoufand feven hundred and five and the latter End of February following; and for or towards the making good a Sum not exceeding eleven thoufand two hun- dred ninety-eight Pounds, for Levy-money for recruiting the Horfes of the Englijh Horfe and Dragoons, which were killed and died of the common Diftemper in the Low Countries, between the firft Day oi May one thoufand feven hundred and fix and the one and thirtieth Day oi December following; and for or to- wards the making good a Sum not exceeding fixteen thoufand fifty-five Pounds twelve Shillings and fix Pence, for defraying her Majefty's Share of the Levy-money for recruiting the Horfes of the Danijh Troops in the Pay of England and Holland, that were loft in the fame Manner between the firft Day of January one thoufand feven hundred and five and the laft Day oiO£lober one thoufand feven hundred and fix; and for or towards the making good a Sum not exceeding one thoufand feven hundred feventy-five Pounds, for the like Lofs fuftained by the Troops oi Hanover in her Majefty's Pay during the laft Campaign in Flanders; and for fatisfying and difcharging the Sum of three hundred ninety-eight thoufand eighty five Pounds ten Shillings, m; ntioned in the fifteenth Article of the Treaty of Union between England and Scotland coiifirmed by Afts of Parliament in both Kingdoms, being the Equivalent to be anfwered by the faid Ar- Equiralent tide to Scotland, for fuch Cuftoms and Excifc which Scotland is to be charged with, and will be appli- '^""^y- cable to the Debts of England, and for enabling her Majefty to make a Recompence not exceeding two ^'^""1^5,""^" thoufand^ fix hundred forty-one Pounds, to the Mayor, Aldermen, and Citizens of the City oiCarTiJle, ^'^ ° ^«i'"e- for fuch Tolls as they are to be deprived of by the fixth Article of the faid Treaty of Union : Which Ke- compence is to go to and for the fame Ufes and Purpofes to which the faid 7'olls ought to have been ap- plied; and for enabling her Majefty to make a Recompence, not exceeding five thoufand Pounds to Jofepb Mvfgrave, Thomas Miijgrave, and George Mufgrave, Sons of Sir Chrijlopher Mvfgrave Baronet, deceafed, in tull difcharge of all Tolls in Wejbnoreland and Cumberland, that were granted to Sir Philip Mufgrave Baronet, by King Charles the Second, and which are fpecified in the Grants of King James the Se- cond, and King William the Third, to the late Sir Chrijlopher Mufgrave; and for enabling her Majefty to apply what may be convenient for the better fecuring the Iflands of Nevis and St. Chrijtophers, and fup- plying tlTfcm with Neceffaries in order to a Re-fettlement; and to no other Ufes, Intents or Purpofes whatfoever. XIX. Provided always. That out of the Monies to be iffued to the Guards and Garrifons, as afore- For Maintenance faid, there fliall and may bo taken and applied any Sum not exceeding eighty-feven thoufand one hun- of Marines. dred twenty-five Pounds ten Shilliiigs, tov/ards the Charge of maintaining the Soldiers raifed, and to be raifed, for Sea- Service, with their Officers, and the contingent Charges thereunto belonging; and out of the Afcnies to be iiTued for the Service of the Navy and Sea Services, as aforefaid, there fhalP^e taken aild applied fuch Sums as, together vvith the faid Sum, not exceeding eighty-feven thoufand one hundred twenty-five Pounds ten Shillings, ftiall be neceiTary for the Charge of m^aintaining the faid Soldiers for Sea Service, with their Officers,^ and the contingent Charges thereunto belonging; any thing hereia contained to the contrary notwithftanding. CAP. XXVIIi. . . An Aift for raifing the Militia for the Year one thoufand feven hundred and feven, notwithftandingEXP the Month's Pay formerly advanced be not repaid; and for an Account to be made of Trophy Money. Vci-. IV, LI CAP. XXIX,
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Many species of caterpillars have been reported to respond to sound, but there has been limited formal study of what sounds they hear, how they hear them and how they respond to them. Here, we report on hearing in caterpillars of the monarch butterfly (Danaus plexippus). Fourth and fifth instar caterpillars respond to sounds by freezing, contracting, and flicking their thorax in a vertical direction. Behavioural responses were evoked by sound frequencies between 50 and 900 Hz, with best sensitivity at 100-200 Hz. The lowest mean threshold was 79 dB SPL (particle velocity 605 μm s-1) at 150 Hz. When presented with a repeated 200 Hz sound tone, caterpillars habituate by no longer responding. A series of ablation experiments confirmed that the primary sensory receptors are a pair of long hairs, called trichoid sensilla, located on the upper prothorax. These sensilla are ∼450 µm long, rest in a socket and are innervated by a single bipolar sensory neuron. Removal of these setae reduced responses significantly compared with controls. Other setae contributed minimally to hearing in response to 200 Hz tones, and tubercles and prothoracic shields played no apparent role in sound reception. We propose that hearing functions to prevent attacks by aerial insect predators and parasitoids, which produce flight sounds in the frequency range to which the caterpillars are sensitive. This research lays the foundation for further investigations on the function and evolution of hearing in caterpillars, and has significance for the conservation of threatened monarch butterfly larvae living near noisy urban environments and roadways. Acoustic, Insect, Lepidoptera, Sensory, Sound, Trichoid sensilla dx.doi.org/10.1242/jeb.211862 The Journal of experimental biology Department of Biology Taylor, C.J. (Chantel J.), & Yack, J. (2019). Hearing in caterpillars of the monarch butterfly (Danaus plexippus). The Journal of experimental biology, 222. doi:10.1242/jeb.211862
ESSENTIALAI-STEM
Talk:Siwa Oasis Comments The external link to the CNN site is no longer valid. —Preceding unsigned comment added by <IP_ADDRESS> (talk) 17:57, 21 October 2007 (UTC) Size How large is the oasis? Is this just one lake with vegetation around it or several lakes? <IP_ADDRESS> (talk) 22:06, 14 December 2008 (UTC) Why is Siwa an oasis? The article lacks completely an explanation why Siwa is an oasis and its geological background. Why is there a lake? —Preceding unsigned comment added by <IP_ADDRESS> (talk) 09:36, 30 January 2011 (UTC) Formerly Culture and Society My understanding is that Siwa Oasis had, until relatively recently, a culture somewhat different from that of the Nile Valley, and that some of their practices gave rise to conflicts with the nominal values of the latter area. Perhaps more on the art styles, history, society and culture, and relation to what might loosely be termed Libyan cultural areas, of Siwa Oasis would be within the scope of the article.FurnaldHall (talk) 18:15, 27 March 2009 (UTC) "Sacrilege" Why was bathing in the pool regarded as "Sacrilege"? This makes no sense since the inhabitants are Muslims, not Egyptian reconstructionist pagans... the German article offers the opinion that it is, but not that this was how the people of the Oasis saw things. This should be removed. Paul S (talk) 23:32, 19 April 2009 (UTC) * Possibly because being the only oasis and therefore source of potable water for several hundred miles, using the only source of drinking and cooking water for bathing might not be a good idea if one wants to remain on friendly terms with the locals. — Preceding unsigned comment added by <IP_ADDRESS> (talk) 20:03, 11 March 2014 (UTC) Relations with Jews Although it might be worthy of inclusion, why is this section on the Anti-Jewish attitude in a Muslim area with no Jewish inhabitants (i.e. it shouldn't be surprising) longer than the rest of the article? Even the "Non-Entry of Non-Muslims" section of the Mecca article is shorter. I can think of no reason other than to be inflammatory. <IP_ADDRESS> (talk) 16:43, 5 December 2010 (UTC) I've taken out some of the quotes to shorten this section. However, simply citing the article is insufficient as doing so fails to convey the extremely inflammatory and racist nature of the specific sentiments of the people interviewed, e.g. "we can smell if someone is a Jew." Surely statements of this nature are notable.(Hyperionsteel (talk) 00:19, 7 December 2010 (UTC)) The "we can smell" guy is simply an idiot, I believe. Do you think he represents the opinion of the citizens of Siwa well? The other two seem more intelligent. If I lived at Siwa, I would probably resent being represented here by an "alternative therapist". – Alensha talk 00:00, 10 December 2010 (UTC) The "we can smell" guy is only one of the people interviewed. Others include a Egyptian MP from the area and a local tribe leader. There are also other people interviewed that I agreed not to include to keep this section to a reasonable size. Comments like this that are made on an internationally broadcast television show are certainly notable. Again, if you have a source that provides a counterpoint (or indicates that the source already cited is incorrect), please present it.(Hyperionsteel (talk) 01:34, 10 December 2010 (UTC)) I have abridged this section further and given it a more encyclopedic and more general title. More importantly, I have added the context of the quotes - they were elicited specifically in response to allegations of Israeli ties with Siwa. Anyone who wants to view the quotes can simply follow the references (and, incidentally, I've added a link to the full transcript of the program in Arabic - a much better source than MEMRI for those who can use it.) I don't see any need for more than a summary, any more than (say) the rather long Awlad Ali quotes about the "friendship" system that I have summarised in a sentence. And such a summary should of course reflect statements whose gist was repeated by several sources, not outlandish ones (like the ridiculous "we can smell if someone is a Jew") restricted to a single interviewee. I emphasise that even as I've left it, the section has a highly disproportionate focus on Jews - relations with Nile Valley Egyptians, Bedouins, Western tourists, and even Chinese tourists all play a much more important role in Siwi society. With the quotes included, the disproportion would reach absurd levels. - Lameen Souag (talk) 11:20, 3 January 2011 (UTC) I have restored most of what you removed. Your summary leaves all of the other comments made by people interviewed during the program and gives the impression that the additudes held by residents of Siwa toward Jews are far less extreme than those provided in the MEMRI video. I have already agreed to remove most of the quotes from other interviewees (which were far more disturbing and racist than those remaining) but I feel that removing all of them (and replacing them with your summary) provides an incomplete picture of this situation - it is clear that the residents of Siwa hold a negative and hostile additude towards Jews. There is no reason why this this article cannot provide more context regarding these views. I realize this is a sensitive topic, so I welcome any criticism or comments.(Hyperionsteel (talk) 17:59, 3 January 2011 (UTC)) I have several objections to the approach you have adopted that I believe most readers will share. First: "Jews not welcome in Siwa" is manifestly not an encyclopedic heading. It might be useful in WikiTravel, I suppose, but Wikipedia is not here to offer travel advice. Second: your current phrasing gives the erroneous impression that the other residents quoted were not responding to the allegation. The only one who was not explicitly responding to the allegation was the alternative therapist, and he too was no doubt aware of the context (the allegation of Israeli links made quite a stir in Siwa - a lot of Siwis complained to me about it at the time.) Third, and most importantly: Filling an article with long quotations almost always makes it look unprofessional. Doing so on an issue totally peripheral to the topic of the article (Siwa has no Jewish population, and there is no evidence that it has ever had one) simply leaves ordinary readers with no stake in Middle Eastern edit wars wondering what on earth is going on. If you feel that my summary of the quotes gave an incomplete picture, perhaps you could suggest an alternative wording? I believe the following is an exhaustive list of themes appearing in more than one person's quotes: You could stretch a point and unify Bilal Ahmad's "despise Israelis" and Anonymous' "hate Jews" into "hate Israelis / Jews" (most Siwis aren't really conscious of the difference between the two) but that's already getting dubious. In any case, a sentence or two should be more than enough to summarise the quotes fairly, concisely, and neutrally. - Lameen Souag (talk) 19:29, 3 January 2011 (UTC) * there are no Jews in Siwa (Shaykh Omar, Musa Umran) * Siwis do not have or want relations with the Jews (Shaykh Omar, Musa Umran) * Jews do not and should not attend the Siyaha (mistranslated as "tourism") festival (Muhammad Salih, anonymous) * this is because Siwa sides with the Arabs in the Arab-Israeli conflict (Shaykh Omar, Bilal Ahmad) One more point: you appear particularly concerned to keep the "smelling Jews" quote. Obviously I don't think any quotes from the show longer than a word or two belong here, but even as regards the summary: this article is about Siwa. Beliefs and attitudes widely held by Siwis are relevant here; ones held only by a single Siwi are not (and would not be notable in any case, unless he was famous.) The show confirms that a number of Siwis hold attitudes along the lines of my summary above. It does not show that anyone except this alternative therapist imagines that they can "smell Jews". If you can offer evidence that this idea is held by anyone else in Siwa, perhaps it should be kept (there is a quite extensive literature on the anthropology of Siwa for you to search through.) However, the only reason you have offered for keeping it is its "extremely inflammatory and racist nature". If that were sufficient to make an isolated statement by an otherwise non-notable person notable, then every article on a major town would be full of quotes like these. - Lameen Souag (talk) 20:10, 3 January 2011 (UTC) My response: The gentleman who has remarkable confidence in his Olfactory sense demonstrates clearly that the attiudes held by the people of Siwa are against "Jews" and not simply against Israelis, although your new summary makes this point clearer than before. However, your summary leaves out the fact that the interviewees have made it clear that they not only hate Jews and Israelis and that no Jews live in Siwa, but that Jews are also not welcome in Siwa.. This is an important point because Jews are the only religious/ethnic group that are unwelcome in Siwa - that is why this material has its own section. I'll agree to remove some of the quotes but I will adjust the summary to reflect the points I have cited. The other interviewees specifically state that they refuse to provide services to Jews and become hostile and apprehensive whenever they think they have discovered that someone in their immediate vicinity is of the Jewish faith or ethnicity. However, I've agreed not to include this. With regard to your comment about the language used, Wikipedia does not censor language when quoting - even controversial language (if properly sourced). Also, if there are any other tourist destinations in the world that ban specific ethnic/religious groups, I doubt that their Wikipedia entries would not relect this.(Hyperionsteel (talk) 02:53, 4 January 2011 (UTC)) I've travelled extensively throughout the Middle East and Egypt. I spent 2 weeks at Siwa Oasis, specifically, in 2006. I'm also Jewish. I think it is absurd for this section to even exist on the page for Siwa Oasis. There is such a wealth of history that should be elaborated on for this location, not to mention the geologic facts of the oasis, before the mention of this absurdity. This entry could apply to absolutely any community in the entire Arab world. I'd like to add a (reasonable) voice to the discussion that suggests that this section be made even less conspicuous or be removed entirely. It has one point and one point alone, and that is that anti-semitism exists in the Arab world. You could go to absolutely any community in the Arab world and interview individuals in the street and get the exact same quotes as found here. If this belongs anywhere, it is on the page for Anti-Semitism, as an example of the widespread hype-driven and institutionalization of the issue in the Arabic world. This is not unique to Siwa, it is not more noticeable at Siwa, in fact, it is not noticeable at all there. In two weeks in Siwa I personally witnessed no public anti-semitism whatsoever, compared to say, Cairo, where Mein Kampf was for sale in the train station. As far as refusing service to Jews, this is absurd. Despite the words of the idiots interviewed by Al Jazeera, I'm quite certain Siwans have absolutely no idea which of the thousands of tourists they see pass through every year are Jewish. So that further precludes any relevance for this topic on this page. Siwa has traditionally always had a suspicious attitude towards all strangers (ie people not from the oasis!) and this attitude in the recent past has been more markedly fervent towards Egyptians, Europeans, Arabs and Romans than towards any Jews or Israelis, with whom the Siwans have NO history. For centuries the Siwans resisted and fought the Arabs themselves, so in that sense, throughout most of their history the Siwans have been extremely anti-semitic, the semites being the ARABS! The Siwans resisted Egyptian nationalism as recently as this century and didn't even have a direct transportation link to the modern world until the 40's. These topics are all of considerably more interest and relevancy to the oasis than whatever verbal anti-semitism could be brought forth by an Al Jazeera microphone. The overwhelming majority of people coming to this page are going to be looking for historical, scientific, and cultural information about a fascinating place, lets give them more of that, and less of these ridiculous politics.Trefalcon (talk) 15:44, 2 February 2011 (UTC) I'm glad you had a fun time when visiting Siwa. Unfortunately, your own experiences and opinions are original research. If you have a source that contradicts the Al-Jazzera program (i.e. that Jews/Israelis are not hated or banned from Siwa) please indicate it. The statements made during the program (that Jews are not welcome in Siwa) are hardly "ridiculous politics." It may not reflect kindly on the residents of Siwa, but that only does not mean that the material is bias or improper. Again, if you are so certain that the Al-Jazzera program is misrepresenting Siwa, feel free to cite a source that indicates this - so far, all you have provided is your own views on Siwa's residents and your own opinions (e.g. "I'm quite certain Siwans have absolutely no idea which of the thousands of tourists they see pass through every year are Jewish."). Finally, you claim that these attitudes are common throughout the Arab world - even if this is true, it doesn't change the fact that Siwa residents hold certain beliefs and opinions about Jews that have been broadcast on International Television.(Hyperionsteel (talk) 23:18, 7 February 2011 (UTC)) * In any given city in Egypt I can easily give you five people who are willing to say the same things about Israelis /Jews. They will probably represent what most people feel, but they are not official representatives of the community they are speaking for. Unless WP can source it, it is wrong to give the impression that these Siwis are on an official mission. Who sent them, the mayor, the local council or the council of the ruling tribal shieks? Do tell. Also understand that after such allegation, these people feel obliged to defend themselves after having been insulted on TV (an insult it is, to them, unfortunately) and to save face, they do what they have to do. Understand Egypt and Siwa; this what is said has nothing to do with how they will treat visiting Israelis. As anyone who has spent a considerable time in Siwa know, jewish money is as welcome as any other money and indeed, even jewish visitors are returning vistors. The community is certainly not hostile as this text is suggesting; this reality should be reflected. I understand the difficulty in finding sources but undue weight is still undue weight and cannot be defended with "say and source the opposite when you can". And please, do use the original source, whatever is translated by Memri is questionable, it is not an independent organisation, it has a mission; I myself enjoy their work but it's not objective.Ancientkingdom (talk) 19:05, 20 May 2011 (UTC) If you have any evidence that the MEMRI translation is inaccurate, please provide it. (Your claim that "whatever is translated by MEMRI is questionable" is not only extremely dubious - out of several thousand translations, only a handful contain mistakes.) MEMRI includes not only a transcript but the original video as it was broadcast on Al-Jazeera. More to the point, you make several claims (among them): * "this what is said has nothing to do with how they will treat visiting Israelis" * "jewish money is as welcome as any other money" * "jewish visitors are returning vistors" * "The community is certainly not hostile as this text is suggesting" However, you do not provide a source for any of them (except through your own claims and statements). If you have a source that indicates that the people Siwa don't really mean what they said in the Al-Jazeera, please cite it, but unfortunately, we can't take your word for that. To put this in perspective, if the mayor and religious leaders of a resort town in the United States made similar statements about Jews (or Muslims, Hindus or Buddists for that matter) on an internationally televised news program, it would certainly be considered notable in Wikipedia. As for your statement that "after such allegation, these people feel obliged to defend themselves after having been insulted on TV (an insult it is, to them, unfortunately) and to save face," I think that statement speaks for itself: You are effectively acknowledging that Jews are (to put it extremely mildly) not held in high regard in Siwa or Egypt and that suggesting otherwise is insulting to them (if that's not anti-Jewish, I'm not sure what is). If you watch the video, the other interviewees make far more derogatory statements (e.g. the "we can smell" guy) but I have agreed to not to include them in this article. Again, if you want to cite a source that indicates otherwise (i.e. that supports any of your claims) please do so.(Hyperionsteel (talk) 05:54, 21 May 2011 (UTC)) Everyone can view the history of this article and see no consensus on including this section. Hyperionsteel is the only one person determined to keep it, mainly because of MEMRI. Zequebe (talk) 20:59, 22 April 2014 (UTC) * As stated above, the fact that Jews are not welcome in Siwa is certainly relevant to this article. If residents of a prominent town/county in the United States made these types of statements about a certain ethnic/religious group on an internationally broadcast television program, it would certainly be included in it's Wikipedia article. Again, if you believe the MEMRI translation is inaccurate, please cite a source which indicates this.(Hyperionsteel (talk) 04:25, 23 April 2014 (UTC)) MEMRI has selectively translated this particularly offensive case in order to portray these statements as representative of Siwa. Again, there is clearly a consensus to remove this section. Zequebe (talk) 15:40, 23 April 2014 (UTC) Actually, there is not a consensus to remove this section. It is properly sourced - not only has MEMRI's translation been cited, but the original article and video on Al Jazeera has also been provided. You claim that "MEMRI has selectively translated this particularly offensive case in order to portray these statements as representative of Siwa"; however, you have not provided any evidence to support this claim. In fact, nobody has provided any evidence that MEMRI's translation of the original Al-Jazeera report is inaccurate or misleading. Based on the content of your user page (User:Zequebe), it's clear that you possess a palpable hatred of MEMRI which I sense may be clouding your judgment on this matter. Please think it over before reverting properly sourced material. On a different issue, you argue that these statements are not representative of Siwa, yet you have not cited any sources in which Siwa residents provide alternate opinions about Jews. And yes, these statements do not reflect very highly on the residents of Siwa, but that alone is not a reason to remove this material from the article.(Hyperionsteel (talk) 22:16, 23 April 2014 (UTC)) Me too I can sense your motivations and what seems to be your primary purpose here, to include any number of MEMRI works in a number of article on wikipedia. Zequebe (talk) 02:20, 24 April 2014 (UTC) Actually, I do a lot more than add material sourced from MEMRI to Wikipedia articles. But please take note, my user page doesn't contain any endorsements or praise for MEMRI. In contrast, the only item on your user page is a smear of MEMRI and a link to a website that appears to be an inefficacious knockoff of Wikipedia - hence my suspicion that you possess a palpable animosity towards MEMRI and that your editing of Wikipedia articles reflects this animosity. Anyway, getting back to the issue at hand, you still haven't cited any evidence to support your claims regarding this section. As for the issue of consensus, I will point out that no consensus was reached - this debate ended in May 2011 and hasn't been revived until now (by you). If you want to reopen the debate, please feel free to, but please don't remove material simply because it is taken from a source that you have placed at the top of your s&@% list.(Hyperionsteel (talk) 03:41, 24 April 2014 (UTC)) There is nothing hateful to denounce or expose the true nature of MEMRI, rather it is MEMRI which promotes hatred against ethnic or religious groups and you dont need my link to see that, there is a large section in the article about MEMRI on wikipedia exposing its shameful practices. Zequebe (talk) 05:24, 24 April 2014 (UTC) Thank you for proving my point about your obsessive animosity regarding MEMRI. Now, getting back to the more important issues, do you have any evidence or can you cite any sources that suggest that the MEMRI translation cited in this article is inaccurate or misleading? Does the original Al-Jazeera article (which is also cited in this article) provide a different context for these remarks? If you could provide something tangible that supports your position, I look forward to reading it. Otherwise, please stop removing material simply because the source doesn't meet your standard of approval.(Hyperionsteel (talk) 05:44, 24 April 2014 (UTC)) ______________________________________________________________________________________________________________________________ I changed the title of this section to "Views on the Arab-Israeli conflict" it is more appropriate than "Relations with Jews". All Jews are not Israelis and supporters of the state of Israel. — Preceding unsigned comment added by Барьер (talk • contribs) 00:59, 1 June 2014 (UTC) * Unfortunately, many of the comments made by the individuals that were interviewed are specifically about Jews. While these views have certainly been shaped by the Israel/Palestine conflict, it does not change the fact that they are about Jews (i.e. the Israel/Palestine conflict may be the reason why the Siwi residents interviewed hate Jews, but that doesn't change the fact that they do hate Jews (I.e. the cause of their hatred should be (and is) cited, but the hatred itself should not be obfuscated). (Hyperionsteel (talk) 17:03, 1 June 2014 (UTC)) The title of the short video made and translated by Memri "Egyptian Berbers Defend Themselves against Accusations of Being Jew-Lovers: We Can Smell if a Tourist Is Jewish" is misleading and implies antisemitism, while the response given concerns this: "the third reason is that some people of Siwa protested about a previous episode because one of the guests spoke of a strong relationship between Israelis and these parts of the Egyptian oases". The persons in the video are responding to this declaration and so when they say "Jews", they are refering to the Jews of Israeli nationality and not to the entire Jewish people or religious community. * Sorry, but the individuals quoted in this video do not make that distinction; None of those interviewed indicate (directly or indirectly) that when they are referring to "Jews", they are only referring to "Jews of Israeli nationality." If you have a source that supports your claim, please cite it. Otherwise, it's a bit of a stretch for you to claim that when these individuals make statements such as "we can smell if someone is a Jew," "The Jews have nothing to do with Siwa... We hate the Jews more than anything else in the world," "We do not accept Jews here on principle," or "[Siwans] will not accept any relations whatsoever with the Jews," that they are indeed referring to "Jews" and are not making a distinction between Jews who hold Israeli nationality and those who do not.(Hyperionsteel (talk) 04:56, 2 June 2014 (UTC)) Anyway the source who provided the translation is not objective about the Arab-Israeli conflict: "The institute was co-founded in 1998 by Yigal Carmon, a former Israeli military intelligence officer and Meyrav Wurmser, an Israeli-born, American political scientist. MEMRI states that its goal is to "bridge the language gap that exists between the Middle East and the West". Critics charge that it aims to portray the Arab and Muslim world in a negative light, through the production and dissemination of inaccurate translations and by selectively translating views of extremists while deemphasizing or ignoring mainstream opinions.". So it is easy to understand why Memri only focused their attention on these sequences of a 48 min video about the history of Siwa. I did some minor edits to make it more objective. * The link to the original article (in Arabic) is provided as well. If you feel the translation is inaccurate, or if you have a source that indicates/suggests that the translation is inaccurate, please cite it. * Unfortunately, none of those interviewed in this program make no distinction between "Jews" and "Israeli Jews." Rather, this is your own interpretation, based on the rather dubious assumption that because this article deals with the Arab/Israeli conflict, that those interviewed must somehow only be referring to "Israeli Jews" when they say "Jews." If you want to put this interpretation forward, you will need to provide a source to support it - your own interpretation is original research, which is not allowed in Wikipedia. Those Siwa residents interviewed clearly use the term "Jew" or "Jews" - Some of them do use the term "Israelis," but never once is the term "Israeli Jews" used. If it looks like a duck and quacks like duck, then it's usually a duck. In this case, when the Siwa residents use the term "Jews" they are referring to "Jews", regardless of their nationality or place of origin.(Hyperionsteel (talk) 22:53, 5 June 2014 (UTC)) I didnt say that their translation is inaccurate, what I meant is that they give a image of Siwa which it is not objective. It is not a personal interpretation, the interviewees are replying to the claims of a person, who stated that Israel is forming ties with Siwa because 20 israeli buses came during the festival. Even in the original source Al Jazeera, under the video they indicated "Israelis" and not "Jews": - هبة البلح والماء والزيتون ورفض الإسرائيليين (- Gift of dates, water, olives, and refused to Israelis). So I dont need to provide a source that we already have. * As I have pointed out, some of those interviewed do refer to "Israelis." However, many of those interviewed refer specifically to "Jews" without any distinction regarding nationality or place of origin. To claim, as you seem to be doing, that all of those interviewed only hate "Israelis" or "Israeli Jews" and somehow don't hate "Jews" (despite them using the term "Jews") is a bit of a stretch. The simple fact is these individuals do hate "Jews" (their hatred of Jews may be motivated by the Arab-Israeli conflict, but the cause of the hatred is not relevant to the fact that this hatred does exist) and I fail to see why this should not be reflected in the article.(Hyperionsteel (talk) 13:49, 7 June 2014 (UTC)) External links modified Hello fellow Wikipedians, I have just modified 3 external links on Siwa Oasis. Please take a moment to review my edit. If you have any questions, or need the bot to ignore the links, or the page altogether, please visit this simple FaQ for additional information. I made the following changes: * Added archive https://web.archive.org/web/20120222140106/http://byebyenet.com/Egypt/Oasis/siwa.htm to http://byebyenet.com/Egypt/Oasis/siwa.htm * Added archive https://web.archive.org/web/20131019235310/http://www.storm247.com/weather/11503086/climate to http://www.storm247.com/weather/11503086/climate * Added archive https://web.archive.org/web/20131019235120/http://www.storm247.com/weather/11503079/climate to http://www.storm247.com/weather/11503079/climate Cheers.— InternetArchiveBot (Report bug) 04:09, 9 December 2017 (UTC) Original Research Per No original research, I removed the Controversy over Jewish and Israeli tourists section. Wikipedia articles must not contain original research based on primary sources. Any analysis or synthesis should be based on reliable secondary sources instead. --Hyperzion (talk) 05:39, 6 June 2020 (UTC) Coptic name What evidence is there that the oasis was (or is) called ⲥⲓⲟⲩⲁϩ in Coptic? At the moment this is uncited. - Lameen Souag (talk) 14:56, 27 October 2020 (UTC) Siwan homosexuality The section reads (unsourced): “The practice probably arose because from ancient times unmarried men and adolescent boys were required to live and work together outside the town of Shali.” This is an incorrect and outdated view. People do not “turn gay” due to exposure to the same sex. They are either born gay or not. Gold333 (talk) 21:12, 19 March 2021 (UTC) That's just like, your opinion bro CantingCrew (talk) 14:18, 22 July 2021 (UTC) Thanks, I just removed the sentence under WP:BURDEN. You're right, gay practice existing cannot have arisen from living arrangements. The practice being accepted, perhaps. But we lack a source for that, too. ‎⠀Trimton⠀‎‎ 15:27, 22 July 2021 (UTC) Urban oasis "Urban oasis" means a park surrounded by a city. Where is the city? Marnanel (talk) 23:26, 13 September 2023 (UTC)
WIKI
1 Reply Latest reply on Sep 25, 2006 10:14 AM by Captiv8r linking without Map ID? tlanderson My programmers would like users to be directed to the "welcome" topic of my help from multiple screens of the application (either by clicking on Help or hitting F1) without Map IDs being assigned. We are in a situation now where when a user tries to access Help from those certain screens they receive an error message (see systems admin 129) and my project manager doesn't want that to happen. So, what he'd like ideally is some default that will link back to the Welcome topic when no Map ID is detected. Is this even a possibility on my end? • 1. Re: linking without Map ID? Captiv8r Adobe Community Professional & MVP Hi tlanderson Hopefully Pete Lees will see this and advise how it can happen. I'm pretty sure it can, but will require coding by your developers to accomplish. After all, they are God to the application! Bottom line is that there isn't anything you do on your end. Unless you want to create a single redirect topic that opens your Welcome topic. Assign a map ID to that and have them always link to that particular map ID when they want the generic call. Hmmm, thinking about it, why not just assign the Welcome topic to the generic map ID and use that instead? Just thinking out loud here... Rick :)
ESSENTIALAI-STEM
J. W. CARTER, Trustee, v. JAMES J. BUTLER, Executor, et al., Appellants. In Banc, March 3, 1915. 1. PLEADING: Failure to State Cause of Action: Point Raised on Appeal. While a petition may be attacked at any time on the ground that it fails to state a cause of action, yet when the question is raised in due time by motion or answer, so as to facilitate and simplify the trial of the real issues, it will be received with greater favor, and permitted a wider field of operation, than when interposed after the labor, expense and delay of a trial. 2. -: -: -: Action on Note: Plaintiff's Right to Sue: Trustee for Collection. In an action on a note, a petition which states that the note was indorsed for collection to a bank; that later the payees, W and L, transferred and assigned an interest in the note to the G. Company; that the note was placed in the plaintiff’s hands and he was authorized and directed to collect it and pay to the. G. Company its interest therein, states facts showing sufficient title in the plaintiff to maintain the suit as trustee for W, L, and the G. Company, the question not having been raised by motion or answer in the trial court. 3. NEGOTIABLE INSTRUMENTS: Transfer: Indorsement for Collection: Suit by Trustee Appointed by Payees. Section 10001, R. S. 1909, providing that an instrument is negotiated when it is transferred so as to constitute the transferee the holder — if payable to bearer, by delivery, if payable to order, by indorsement followed by delivery — and Sec. 10004, declaring that a special indorsement specifies the person to whom or to whose order the instrument is to be payable, and the indorsement of such indorsee is necessary to the further negotiation of the instrument, do not attempt to provide an exclusive method for the transfer of such instruments, but apply only to such transfers as shall preserve “negotiability,” and accordingly where the payees of a note transferred it by indorsement to a bank for collection and that bank indorsed it to another for the same purpose (the banks gaining thereby no interest in the instrument except that of collecting it and accounting for the proceeds), one whom said payees have by written contract appointed their trustee for collection may sue upon the note although it bears upon its back the indorsement mentioned. 4. -: -: -: -: Subsequent Indorsees. If any person who has indorsed a bill of exchange or note to another, whether for value or for purpose of collection, shall come into the possession thereof again, he shall be regarded, unless the contrary appear in evidence, as the bona fide holder and proprietor of such bill or note, and shall be entitled to recover, notwithstanding there may be on it one or more indorsements in full subsequent to the one to him, without producing any receipt or indorsement back from either of such indorsees, whose names he may strike from the instrument, or not, as he may think proper. [See, also, Sec. 10018, R. S. 1909.] 5. -: -: -: -: Payees the Holders: Instructions. Where the payees of a note indorsed it to a bank for collection, and that bank indorsed it to another, and after the latter failed to collect it at maturity the payees appointed the plaintiff trustee to make collection and apply the proceeds, it is immaterial, in the plaintiff’s suit on the note, how the question of his right to sue was submitted to the jury, there being nothing in the case to rebut the presumption, arising from their possession, that the payees are the holders. [Sec. 10160, R. S. 1909.] 6. ACTION ON PROMISSORY NOTH: Given for Mining Claims: Failure of Consideration: Appeal. Where the defendants to a suit on a note proceeded in the trial court upon the theory that failure of title to a part of the mining claims for which the note was given was a complete defense, and no evidence was given as to the value or relative value of the land to which the defective titles applied, they cannot upon appeal obtain a retrial on the theory that there was a partial failure of consideration. [See Sec. 9999, R. S. 1909.] 7. -: -: -: Retaining Possession of the Land. Purchasers of mining claims, the title to a part of which proved defective, cannot, while holding possession of the land, defend against the payment of their note for the'purchase price as for failure of consideration. 8. -: -: -: Burden of Proof. Since a promissory note imports a consideration, the burden of proving lack or failure thereof rests upon those resisting its payment, and where the answer to an action on a note admitted that its consideration was the transfer to the defendants of mining prop- . erty with a warranty of title, the burden was upon the defendants to show that the property had not been delivered to them or that they had been deprived of some of it on account of failure of title, the word “transfer” implying delivery of possession. 9. -: -: -: -: Evidence. Even assuming, although the contrary is true, that the burden of proving a consideration for a promissory note rested with the one suing on it, the testimony of one of the defendants to an action on a note given for mining property, who replied to a question whether they had held the property ever since they received it, that he supposed that would be it, was sufficient evidence that possession had been delivered and that the defendants had not been deprived of any part of the property through failure or defect of title. Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. Affirmed. Thomas K. Skinker and Barclay, OrtMvein é Wallace for appellants. (1) The petition does not state a cause of action in omitting to state facts to show that plaintiff is the holder of the note. The petition avers the title to the note to be in the Bank of Commerce by regular indorsement. Spears v. Bond, 79 Mo. 467; R. S. 1909, sec. 10004. This point is never waived. Lilly v. Menke, 126 Mo. 190. (2) The evidence of plaintiff shows that the title to the note is in the National Bank of Commerce by regular indorsement, which, under the Negotiable Instruments Law, makes this plaintiff an improper party to maintain this action. R. S. 1909, sec. 10004. (3) Suit on such a note must be brought by the real party in interest, otherwise the defendants would not be protected by payment to another. Wells v. Moore, 68 Mo. App. 501; Spears v. Bond, 79 Mo. 467. (4) Where an answer sets up plea of failure of consideration in a note (because given for a defective title) and there is a general denial thereof by the reply, the “issue made by the replication to the defendant’s answer was the only issue to be tried.” The issues of the pleadings are those on which alone the cause should be tried and determined. Stewart v. Hadley, 55 Mo. 245; Northrup v. Ins. Co., 47 Mo. 435; Musser v. Adler, 86 Mo. 449. (5) It was error by the learned trial Judge, by the instruction given of his own motion, to spring a new theory of the case, outside the issues of the pleadings, and outside the evidence, action and theory of both parties at the trial, because both parties are bound and limited by the theory on which the cause was actually shaped in the pleadings and tried under them. The rule that a party is limited on appeal to the theory on which he tried the case in the lower court is established by many decisions, of which only a few are cited, as it is familiar law here. Whetstone v. Shaw, 70 Mo. 575; Walker v. Owen, 79 Mo. 568; Min-ton v. Steele, 125 Mo. 181. That decisive instruction was further erroneous because there is no proof that defendants “were put in possession of said mining claims.” On the contrary one of the payees was shown to be in possession; and if not personally, then as representative of another company (the National Copper Mining Co.) in which he and Dr. Westlake and others were all interested. It is error to give an instruction not supported by the testimony. (6) Under the Missouri statute (changing the older English rule) a plea of failure of consideration (in whole or in part) is permissible in an action oh a note, without returning the property for which the note represents the purchase price. Our law on this subject is and was intended to change the prior rule of the British law on that subject. R. S. 1909, sec. 1974; Danforth v. Crookshanks, 68 Mo. App. 315-; Brown v. Weldon, 99 Mo. 564. The purpose of that Missouri rule is to avoid circuity of action and multiplicity of suits. That purpose as well as the statute itself has been inadvertently overlooked in one or two exceptional cases which are out of line with the statute and with many analogous decisions involving the law of sales, where the property has been delivered to the vendee. R. S. 1909, sec. 1974; Brown v. Welden, 99 Mo. 564; Danforth v. Crookshanks, 68 Mo. App. 317; Werner v. O’Brien, 40 Mo. App. 483. (7) A rule which has been stated in some early cases in Missouri to the effect that in a suit for the purchase money of land the' defendant (while retaining possession) cannot .defend on the ground of defective title, is unsound in principle as it ignores our statute. R. S. 1909, ¡sec. 1974. It has been denied in many cases as applied to personal property, although there is no difference in principle as we can discern between the two subjects. Hannah Co. v. Holley Co., 140 S. W. 923; 30 Am. & Eng. Ency. Law (2 Ed.), 209; Brown v. Weldon, 29 Mo. 564; Smith v. Means, 155 S. W. 454; Crenshaw v. Looker, 185 Mo. 388; Sinnamon v. Moore, 161 Mo. App. 168; Sanders v. Mosbarger, 141 S. W. 720; Stark Co. v. Mayhew, 141 S. W. 433; Shephard v. Padgitt, 91 Mo. App. 473; Ferguson Co. v. Farmer, 128 Mo. App. 300; Broderick v. Andrews, 135 Mo. App. 57; Mobile v. Nelson, 154 Mo. App. 616; Branson v. Turner, 77 Mo. 489; Miles v. Withers, 76 Mo. App. 87; Jones v. Shaver, 6 Mo. 642; Benton v. Klein, 42 Mo. 97; Keith v. Hobbs, 69 Mo. 84; Wade v. Scott, 7 Mo. 509; Jolliffe v. Collins, 21 Mo. 338. (8) The nature of mining lodes is so close akin to that of the ore which forms the chief value thereof, that the rule of law as to such property is thus stated: ‘ ‘ The purchaser of a mine, who buys under a contract for a future title, even though lie takes possession of the mine and manages the property, if it was the intention of the parties that he should immediately take possession, this will not constitute a waiver of objections to a defect in the title by the purchaser.” "White, Mines (1903), sec. 95, p. 126; Stephens v. Guppy, 3 Russ. 171; Babcock v. Case, 61 Pa. St. 427; Tuck v. Downing, 76 111. 71. In cost book companies: Curling v. Plight, 2 Phil. 614. Bishop & Cobbs for respondent. (1) Defendants’ objection to the petition cannot be sustained, (a) Because an objection to the introduction of testimony on account of alleged insufficiency of petition comes “too late to deserve favorable consideration.” Storage Co. v. Kuhlmann, 238 Mo. 703; Goldsmith v. Candy Co., 85 Mo. App. 600. (b) Because the petition is sufficient. It is based on a promissory note and alleges possession under written assignment. It is not necessary to use the term, “holder.” Possession alone is prima-facie evidence of right to sue, but plaintiff alleged and proved not only possession but also authority from owners to collect. Sec. 10021, R. S. 1909; Boeka v. Nella, 28 Mo. 180; Morris v. Morris, 28 Mo. 114; Lewis v. Bowen’s Admr., 29 Mo. 202; Davis v. Carson, 69 Mo. 609,1. c. 610; Dawson v. "Wombles, 123 Mo. App. 345. (2) The bank has no title to or interest in the note. Plaintiff alleged and proved that the note was indorsed and delivered to bank for collection only. After protest, the. bank returned the note to payees, who were liable to bank as indorsers, and who, after taking the note back, delivered it to plaintiff under written assignment, (a) Indorsement to bank could have been stricken out. Sec. 10018, R. S. 1909. Section 10004 is not in conflict with section 10018. (b) Indorsement to bank was properly disregarded. Beattie v. Lett, 28 Mo. 597; Bank v. Fesler, 89 Mo. App. 224. (3) This suit was brought by the “real party iu interest.” Plaintiff was trustee of an express trust under the assignment in evidence, and was the only proper or necessary party. Sec. 1730, R. S. 1909; Snider v. Express Co., 77 Mo. 527; Springfield for use v. Weaver, 137 Mo. 670; Bank v. Edwards, 84 Mo. App. 469; Gerney v. Moore, 131 Mo. 668; Barnes v. McMullins, 78 Mo. 277; Barber v. Stroub, 111 Mo. App. 60; Greer v. Zinc Co., 126 Mo. App. 173; Johnston v. O’Shee, 118 Mo. App. 293; Simmons v. Wittmann, 113 Mo. App. 374; Jones v. Railroád, 178 Mo. 542; Lee v. Railroad, 195 Mo. 519; Sawyer v. Railroad, 156 Mo. 475. (4) The case was tried and decided on the only real issues involved. The allegation in answer that title “was not sound and good” is not sufficient as a plea of total failure of consideration. Failure of consideration must be properly pleaded to be considered. Here it was neither properly pleaded nor proved, (a) The note was prima-facie evidence of consideration. Sec. 9995, R. S. 1909. (b) Failure of consideration is a matter of defense to be properly pleaded and proved by defendants. Sec. 9999, R. S. 1909; Holmes v. Farris, 97 Mo. App. 311. (c) The burden of proving total failure was on defendants. Thompson v. Crutcher, 26 Mo. 321; Kent v. Miltenberger, 13 Mo. App. 513. (d) Plea of defect in title only, without alleging and proving dispossession, is not sufficient as a total failure of consideration. Pershing v. Can-field, 70 Mo. 143; Cartwright v. Culver, 74 Mo. 182; Davis v. Watson, 89 Mo. App. 26; Hunt v. Marsh, 80 Mo. 398. (5) No new theory was sprung by trial court. Changes in theory apply only on appeal, not to trial courts. The question of possession of the mining claims was in the case from the beginning and was properly submitted to the jury. The instructions given were in exact accordance with the law and the evidence. (a) 'Mining claims are real estate. Mining & Smelting Co. v. Rucker, 28 Fed. 221;McFeters v. Pier-son, 15 Colo. 203; Manuel v. Wulff, 152 U. S. 510; Hardware Co. v. Frank, 25 Mont. 348; State v. District Court, 24 Mont. 332; Harris v. Equator M. & S. Co., 8 Fed. 866; Melton & Fisher v. Lambard, "51 Cal. 259. (b) The receipt of title imports receipt of possession. Clark v. Ins. Co., 52 Mo. 276; 13 Cyc. 572, 6, d. (c) The burden was on defendants to prove that they had not received possession, or that they had been dispossessed. Thompson v. Crutcher, 26 Mo. 321; Holmes v. Farris, 97 Mo. App. 311; Tow Co. v. Orphius B. I. Co., 52 Mo. App. 529; Knoche v. Whittman, 86 Mo. App. 568. (d) Defendants received and held possession of mining claims. They did not deny possession, and their possession was taken for granted throughout trial. They admit in their answers that the mining claims were transferred to them. Change of possession is implied, especially in mining claims. The contention that Laughlin (one of the payees) was in possession falls, because he was shown to be employed by defendants. McManus expressly admitted possession. If defendants had not been in the possession and enjoyment of these claims, they would have pleaded want of possession and asked a return of the cash payment made on account of same. Defendants admitted possession and also liability by paying $1500, three months after note was given, (e) The court submitted the question of possession to the jury by proper instruction. It was the only defense on the merits open to defendants in this case. Cartwright v. Culver, 74 Mo. 182; Pershing v. Canfield, 70 Mo. 143; Davis v.'Watson, 89 Mo. App. 26; Hunt v. Marsh, 80 Mo. 398. (6) The Missouri statute permitting a plea of failure of consideration in a suit on a note (Section 1974) cannot avail defendants in this case, (a) “Notwithstanding this provision, we are still left to general principles to ascertain what is a failure of consideration.” Smith v. Buzbee, 15 Mo. 247. (b) It does not relieve defendants of necessity of returning the consideration or proving it to be worthless. Brown v. Weldon, 99 Mo. 568; Rogers v. Publishing Co., 118 Mo. App. 12. (c) Defendants did not and could not prove that the consideration was worthless, and they made no offer to return it. The evidence showed no failure of consideration, but only that, at the time of giving the deed, the title to 33 out of 160 acres was in controversy. That controversy was removed. Defendants suffered no damage and have shown none. (7) Defective title to real estate purchased does not constitute failure of consideration. (a) Rule as to real estate is different from personal property.' After acquiring an unquestionable title to about 130 acres and after holding and enjoying the whole 160 acres, defendants cannot defeat a suit for the purchase money by showing that, at time of receiving deed, title was defective as to 33 acres. Davis v. Watson, 89'Mo. App. 26; Cartwright v. Culver, 74 Mo. 182; Hunt v. Marsh, 80 Mo. 398; Pershing v. Canfield, 70 Mo. 143. (b) Rule, even as to personal property, requires defendant to either return the property, or prove it worthless, or prove loss or damage. Numerous cases cited by counsel are all personal property cases and.taken together establish the rule that, even in suits for the purchase money of personal property, the defendant cannot establish total failure of consideration without either returning the property or proving it worthless. BROWN, C. Petition filed November 9, 1909, in the circuit court for the city of St. Louis. The plaintiff sues as trustee of The Gila Farm Company, Oliver J. Westlake and Charles J. Laughlin, upon a promissory note signed by Edward Butler and Thomas Ward McManus, dated May 1,1907, payable to said Westlake and Laughlin or order on or before May 1, 1908, for $25,000, with interest from date at the rate of five per cent per annum, on which $1500 had been paid and indorsed July 31, 1907. The petition states that “on the 15th day of June, 1908, the said Oliver J. Westlake and Chas. P. Laughlin entered into an agreement in writing, whereby they transferred and assigned, for a valuable consideration, to the The Gila Farm Company, a certain defined interest in said note, to-wit: an interest of $18,000, together with interest thereon at the rate of five per cent per annum from the first day of May, 1908, which said agreement is filed herewith, and marked exhibit B; that said note was placed in plaintiff’s hands, and by said agreement plaintiff was authorized and directed to make collection of said note, and out of the proceeds thereof to pay to said The Gila Farm Company, the said sum of $18,000, together with interest thereon, as hereinbefore set out.” The defendants each filed a separate answer, which, with a general denial, pleads as follows: “1. Avers that plaintiff has not legal capacity to maintain this suit, in manner and form as the same is brought. Wherefore this defendant prays to be hence discharged with his costs. “2. For further defense this defendant avers that there is a defect of parties plaintiff, in that said plaintiff, trustee, cannot lawfully maintain this action, in manner and form as the same is brought. Wherefore this defendant prays to be hence discharged with his costs. 1 ‘ 3. This defendant for further defense avers that some of those named as beneficial plaintiffs herein are not necessary parties to a complete determination of the action, and therefore should not have been joined therein. Wherefore because of said redundancy of parties this defendant prays to be hence discharged with his costs. “4. This defendant for further defense avers that plaintiff, as alleged trustee, is not the real party in interest to prosecute or maintain this action, in manner and form as the same is brought. Wherefore this defendant prays to be hence discharged with his costs. “5. This defendant for further defense admits execution of said note, and admits that defendants paid thereon, heretofore, the sum of $1500'; and for further defense he avers that the consideration for said note was a transfer of certain mining property in New Mexico hy the payees therein to the makers of said note, the title to which property was then and there warranted and agreed hy the payees in said note to he sound and good, hut said consideration for said note has failed, in- that the title to said mining property for which said note was executed and delivered was not sound and good hut was defective, wherefore because said consideration failed, no one claiming through the payees of said note can lawfully maintain an action thereon. ”■ Plaintiff replied hy general denial. The note was duly protested for nonpayment at St. 'Louis at the instance of the National Bank of Commerce May 1, 1908, and written on its hack were the following indorsements without date: “Pay to the order of Silver City National Bank, Silver City, N. M. Charles P. Laughlin. Oliver J. Westlake.” “Pay Nat’l Bank of Commerce in St. Louis, or order, Silver City Nat’l Bank, Silver City, N. M. J. W. Carter, Cashier.” The evidence tended to prove, and was undisputed, that the payees indorsed the note to' the Silver City National Bank, of which the plaintiff was cashier, for collection, with direction to forward it to St. Louis for collection, and to get collection on it, without designating to whom it should he sent in St. Louis. Colonel Carter stamped on it the indorsement to the National Bank of Commerce in St. Louis and mailed it. After it was protested it was returned to the Silver City National Bank, where it remained until the institution of this suit. Plaintiff introduced the following instrument: “Know all men by these presents, That we, Oliver J. Westlake and Charles P. Laughlin, in consideration of the sum of one dollar to us in hand paid by the Grila Farm Company, the receipt whereof is hereby acknowledged, do hereby sell, assign, transfer, and set - over unto the said the Grila Farm Company, the certain hereinafter defined interest in that certain promissory note dated May 1, 1907, made by Edward Butler and Thomas Ward McManus, payable to the order of us, the said Oliver J. Westlake and Charles P. Laughlin, on or before one year from its date for the sum of $25,000, with interest thereon from date until paid at the rate of five per cent per annum, the said interest therein so transferred and assigned as aforesaid being the sum of $18,000 together with interest thereon at the rate of five per cent per annum from the 1st day of May, 1908. The said promissory note is now in the hands of J. W. Carter for collection and he is hereby authorized and directed to make collection of the same and to pay to said The Grila Farm Company the said sum of $18,000 together with said interest as aforesaid, out of the proceeds of the same. We do further covenant and agree that if the said note be collected by us or in any other manner than through the said J. W. Carter, we will at once turn over and pay to- said the Grila Farm Company, the said sum of $18,000', together with said interest as aforesaid, out of the proceeds thereof. We do further covenant, warrant and agree to and with said the Grila Farm Company the said promissory note constitutes a valid and binding indebtedness of the said Edward Butler and Thomas Ward McManus to us, and that the same is now due and payable. In witness whereof, we have hereunto set our hands and seals this 15th day of June, A. D. 1908. “Oliver J. Westlake, (seal). “Charles P. Laughlin, (seal).” The note was given as part of the consideration for the purchase by Butler and McManus of eight mining claims or lode locations in Grant county, New Mexico, covering an area of slightly more than 160 acres. The sale was made in the latter part of April, 1907, while Butler and McManus were in Silver City, for $40,000. One thousand dollars was paid down in cash. On May 18, 1907, $14,000 was paid, and the note and deed, both of which were then in the Silver City National Bank for that purpose, were delivered, the note remaining in the bank for safe-keeping. The granting-clause of the deed is as follows: “That the said parties of the first part, for and in consideration of the sum of one thousand dollars, to them in hand paid by the said parties of the second part, the receipt whereof is hereby acknowledged, have remised, released and quitclaimed, and by these presents do remise, release and quitclaim unto the said parties of the second part, their heirs and assigns: “All the following described real estate and mining property, situate in the Burro Mountain Mining-District, county of Grant and Territory of New Mexico, to-wit: “The Ajax Lode mine and mining claim, the location notice whereof is duly recorded in the office of the probate clerk and ex-officio recorder for Grant county, New Mexico, in book 19 of Mining Locations, at page 427.” ' - Then follows, in the same form, the description of the Ajax No. 2, the Ajax No. 3, the Ajax No. 4, the Princeton, the Hazleton, the Black Oak and the Big Horn Lode mines and mining claims. The habendum and covenants are as follows: “To have and to hold the lands, tenements hereby conveyed unto the said parties of the second part, their heirs and assigns forever, and the said parties of the first part do covenant and agree with the said parties of the second part that said mines and mining claims are free from all taxes and liens of whatever nature or kind, and that they have good right and lawful authority to sell and convey the same.” The defendants took possession of the land described in the deed. The defendant Laughlin was their superintendent and manager, working an adjoining mine called “The National,” and supposed to be their superintendent or general manager. The defendant McManus testified about the possession as follows: “Q. You have held it ever since you received it from them? A. I suppose that would be it.” Sometime after the conveyance to defendants it was discovered that the whole of the Black Oak claim, containing 21.741 acres, upon which there were several buildings, as well as small fractions of the Hazelton claim (6.050 acres) and the Ajax claim (5.394 acres), in all 33.185 acres, conflicted with surveyed land theretofore patented to one Simmons. The plaintiff proved title to the land conflicting with this patent in the Lyons and Campbell Ranch and Cattle Company and offered a copy of the record of a master’s deed in Grant county, New Mexico, certified by the probate judge and ex-officio recorder of deeds of said county, purporting to convey the same land to the Gila Farm Company, New Mexico, a corporation. This deed recited that the grantor was appointed special master or referee by the district court of the third judicial district of the Territory of New Mexico for the county of Grant in a cause pending in said court entitled “The Farmers’ Loan and Trust Company, a. corporation, Trustee, plaintiff, v. Lyons & Campbell Ranch & Cattle Company et al., defendants.” That they advertised the property for sale in a newspaper published in said county on Tuesday of each week, beginning August 20, 1907, and ending September 17, 1907; that the Gila Farm Company was the highest bidder for it and other property both real and personal at the price of $100,000, for which it was struck off and sold to that company. This deed purported to have been acknowledged before a notary public of Grant county, and there was written on it the following: “This deed, together with the sale represented thereby, is approved this 19th day of September, 1907, at Silver City, New Mexico. Frank W. Parker, Judge, Etc.” The defendants objected to its introduction as follows: “It does not appear by what authority this deed is made, whether it was authorized by the order of court, or what were the circumstances upon which it is based. Nor does it appear that the formal steps of the order under which it purports to have been made were observed. The order itself does not appear. Also this deed is irrelevant to the present inquiry because made on the 19th of September, 1907. On the 14th of May, 1907, there was no sufficient title in these parties to support the deed, which they then made to defendants. I imagine it is intended to be at least a chain of title through subsequent events; all of which is irrelevant because there being nothing but a general denial here by way of reply, the only issue is whether they had the title at the time that this deed of May 14, 1907, was executed and delivered.” No objection was made on the ground that it was a copy or that it was not properly authenticated. The objection was overruled and the deed admitted, to which the defendants duly excepted. The plaintiffs then introduced a general warranty deed in the usual form, conveying all that part of the claims conflicting with the Simmons patent, by the words grant, bargain, sell and convey, from Westlake and Laughlin and their wives to the defendants. This deed was dated May 1,1908. It contained all the usual covenants of seizin, right to convey, against incumbrances and for quiet enjoyment. The evidence tends to show that a general warranty deed dated April 30, 1908, from the Gila Farm Company to Westlake and Laughlin, for an expressed consideration of $18,000, was tendered by plaintiffs to MeManus August 21, 1908. At the close of the trial the court of its own motion gave the jury the following instruction : “1. The court instructs the jury that if you find from the evidence that the plaintiff, J. W. Carter, is the holder of the note introduced in evidence, and that the consideration of said note was the transfer of certain mining claims referred to in the evidence from the payees in said note, Westlake & Laugklin, to the makkers of said note, Edward Butler and Thomas Ward McManus, defendants in this case, and that said Butler and McManus were put in possession of said mining claims by said Westlake & Laughlin under their deed of date May 14, 1907, which is in evidence, and that said Butler and McManus have since that time had peaceable possession of said mining claims, then your verdict should be for the plaintiff for the amount of said note with interest, after deducting all payments made thereon.” The defendants asked the court to instruct peremptorily for each defendant, which it refused to do, to which defendants excepted at the time. The defendants asked for seventeen other instructions which were refused by the court and exceptions saved to each. These will be noticed in this opinion as necessary. I. The appellant, at the very outset, comes to the vitals of his case with the complaint that the petition does not state a cause of action because it omits to state'facts to show that the plaintiff is the holder of the note sued on, but, on the contrary, avers the title to be in the Bank of Commerce by regular indorsement. While that objection must be considered at any stage of the case, and sustained if well taken under the circumstances, we have said frequently and in many forms that when the question is raised in due time by motion or answer, so as to facilitate and simplify the trial of the real issues, it will be received with greater favor, and permitted a wider field of operation, then when interposed after the labor, expense and delay of a trial. [Ice, etc., Co. v. Kuhlmann, 238 Mo. 685, 703.] As said by Judge Valliant in Haseltine v. Smith, 154 Mo. l. c. 413, “if a party lies in wait for his adversary the court should not allow him an advantage that he could not have attained in the open field.” Our rules of procedure should admit of greater flexibility in attaining right and justice promptly arLC^ cheaply than in avoiding it. Judged by this standard we think the petition fairly presents the facts upon which the plaintiff claims such a title to the note sued on as enables him to maintain this action, and we will therefore consider that question upon its merits, in the light of the whole record. ' II. The note sued on is payable to order, and appellants call attention to the fact that it shows, on its back, a perfect title by indorsement in the National Bank of Commerce, “which,” they say, “under the Negotiable Instruments Law makes this plaintiff an improper party to maintain this action;” and they cite sections 10001 and 10004, Revised Statutes 1909, in support of this conclusion. The first of these sections is as follows : “An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery; if payable to order it is negotiated by the indorsement of the holder, completed by delivery.” The other section cited (10004) provides, among other things, that “a special indorsement specifies the person to whom or to whose order the instrument is to be payable; and the indorsement of such indorsee is necessary to the further negotiation of the instrument.” The appellants infer from this that the law relating to negotiable instruments has been so changed that no interest in the contract expressed by such paper can be transferred or acquired in any other way than that provided in these two sections, and that the word “negotiated” as used in them is equivalent to the words “assigned” or “transferred” in their broadest sense, and that the word “holder” covers all the ground included in the words “owner” and “party in interest.” A glance at the law itself quickly dispels that illusion. These words are highly technical when used in connection with this class of instrument and its peculiar properties. The word “negotiate” is derived from the word “negotiable,” and when both words are used in connection with the same subject they partake of the same meaning. Abbott, in his Law Dictionary, under the title “negotiate,” defines it as follows: “To transfer, under rules of the commercial law, an evidence of debt or instrument for payment of money, so that the holder’s title is independent of any equities existing against the transferor; to transfer by indorsement.” The learned author adds that “negotiable” and “negotiability” include this meaning only. Mr. Bouvier, in his dictionary, says that “negotiation as used by writers on mercantile law means the act by which a bill of exchange or promissory note is put in circulation, by being passed by one of the original parties to another person. [Walker v. Ocean Bank, 19 Ind. 247.]” Section 10001 expressly recognizes that a transferee is not always the holder in the sense implied by the act, and this is fully explained by section 10019, which is as follows: “Where the holder of an instrument payable to his order transfers it for value without indorsing it, tile transfer vests in the transferee suck title as the transferrer had therein, and the transferee acquires, in addition, the right to enforce the instrument against * one who signed for the accommodation of his transferrer, and the right to have the indorsement of the transferrer if omitted by accident or mistake. But for the purpose of determining whether the transferee is a holder in due course, the negotiation takes effect as of the time when the indorsement is actually made.” This section conclusively shows that it was not intended by section 10004, or by any other provision of the act, to prescribe any exclusive method by which contracts of this character might be transferred. It only prescribes the manner in which their negotiability, that is to say, their independence of equities existing against the transferor, may be preserved. In other respects it leaves the laws in force at the time of its passage untouched except'in so far as the rights-of the transferee are enlarged by the terms of the section. One of these enlargements is the right to still have the indorsement of the transferor if it has been omitted by accident or mistake,- and to thus become, a holder in du-ecourse. We thus see that the word holder, as used in section 10001 to represent the position of the indorsee, has reference to such a title as may constitute him a “holder in due course” as those words are used in the act. For all other purposes than to preserve its negotiability in the sense we have mentioned, and its negotiability is not involved in this case, the Negotiable Instruments Law of 1905 left this instrument transferable in the same manner and as freely as if it had not been enacted. So far as the right of plaintiff to maintain the action is concerned, it depends upon the right . of the payees at the time of the execution of the contract of June 15, 1908, pleaded and shown by plaintiff as the foundation of his title. It is sufficient in form to constitute him the trustee of the parties to it for that purpose. III. Before the note became due the payees took the usual steps for the collection of such paper by indorsing it to their local bank, The Silver City National Bank, for that purpose; and that bank in turn, as the custom is in such cases, indorsed and transmitted it to the National Bank of Commerce in St. Louis, the home of the makers, where it must be presented for payment, for the like purpose. Neither of these indorsements gave the indorsee any interest whatever in the note. It simply constituted him a naked trustee of an express trust to collect it and account, like all trustees, for the fund, to whom it might concern. The prevalence of and necessity for such indorsements to meet the demands of commercial transactions which include the world in their field, in which paper drawn in our homes is frequently collected in the antipodes, is no doubt one of the reasons for the growth and firm establishment of the. rule which in its effect transforms commercial paper payable on its face and by indorsement “to order,” into paper payable “to bearer” in the possession of any of its payees and indorsees. In Dugan v. United States, 3 Wheat. 172, perhaps the leading modern case upon the subject, the Supreme Court of the United States formulated the rule as follows: “After an examination of the cases on this subject (which. cannot all of them be reconciled), the court is of opinion that if any person who indorses a bill of exchange to another, whether for value or for the purpose of collection, shall come to the possession thereof again, he shall be regarded, unless the contrary appear in evidence, as the bona-fide holder and proprietor of such bill, and shall be entitled to recover, notwithstanding there may be on it one or more indorsements in full subsequent to the one to him, without producing any receipt or indorsement back from either of such indorsees, whose names he may strike from the bill, or not, as he may think proper.” This case was decided in 1818. In 1859 Mr. Story, in Ms excellent work on Promissory Notes, sec. 452, said of it that it seemed to be tbe better opinion maintained in America, notwithstanding some early doctrine the other way. In the same year the doctrine to its fullest extent was unqualifiedly indorsed by this court in Beattie v. Lett, 28 Mo. 596, and it has now been placed entirely beyond our control by the Legislature, in section 10018, Revised Statutes 1909, which is as follows: “The holder may at any time strike out any indorsement which is not necessary to his title. The indorser whose indorsement is struck out, and all indorsers subsequent to him, are thereby relieved from liability on the instrument. ’ ’ Section 10160 defines “holder” to be “the payee or indorsee of a bill . . . who is in possession of it.” This definition was evidently intended to meet the legal situation we have just been considering by excluding from its terms all payees and indorsees not in possession, as well as by including the payee or indorsee in possession for the time being. Applying these principles: The plaintiff brings tMs note into court with a written contract by which the payees appoint him trustee for its collection and application to the purposes stated. He does not claim to hold it for himself, but for the payees. The instrument of appointment expressly negatives any interest in the plaintiff by reserving to the payees the right to collect it themselves. The payees having, through their agent, the possession of the note, are, under the statute, the holders of it, having the right to sue for its collection, and having that right they have the right under section 1730, Revised Statutes 1909, to contract, either orally or in writing, with the plaintiff to sue for their benefit and the benefit of others to whom they desire to appoint the proceeds. It is not necessary that they should prove, or that the plaintiff should prove for them, that they are the holders. The law raises a prima-facie presumption to that effect from the fact that they are the payees in possession, and there being nothing in this case to rebut that presumption, it is immaterial in what form the question of the right of their trustee to maintain the suit was submitted to. the jury. IY. The question of failure of consideration is next interposed as a defense. In approaching this it is well to say that there is nothing in either the pleadings, proof or position of the parties to the transaction that carries a hint of unfairness or undue advantage. Each ox the parties had active interests in the particular locality where the mining property which was the subject of the transaction is situated, and, so far as appears in the evidence, they had equal opportunities to judge of its value. It is conceded by the plaintiff that, at the date of the deed, the title of the grantors to one of the eight claims that constituted the consideration of the note sued on, and also to a small portion of each of two others, was defective. Whether this, under the pleadings and evidence, constitutes a defense to this suit on the notes is the question. In this inquiry we are still aided by the Negotiable Instruments Law. The answers stated that the sellers and payees in the notes given for the mining property warranted the title to be sound and good, that it was not sound and good, wherefore the consideration of the notes had failed. The case was tried by defendant upon that theory alone. No evidence was given as to the value or relative value of the land to which the defective titles applied, nor was there any data to guide the jury in an attempt to find such values, and the defendants made no attempt by their instructions to have the question of partial failure of consideration submitted to them, but asked that they be instructed as follows: “If you believe from the evidence that the note sued on in this action was' executed and delivered by defendants to Oliver J. Westlake and Charles P. Laughlin, as part consideration for the purchase by defendants from said Westlake and Laughlin of certain interests in real estate, to-wit, mining claims, in the county of Grant, Territory of New Mexico, and that a conveyance thereof was made, as shown by the deed offered in evidence herein, dated May 14, 1907; and if you further find that, at the time of said conveyance to defendants, said Westlake and Laughlin did not have title to a portion of said property so conveyed, and did not then have good right to sell and convey the said interests (described in said deed), but that the title thereto was (at the time said note was executed and delivered) in a person or persons or corporation other than said Westlake and Laughlin, and if you further find from the evidence that said property named in said conveyance consisted of contiguous mining claims, and purchased by defendants for mining purposes, then your verdict should be for defendants.” Having tried the case upon the theory that the fail-, ure of the title to any part of the mining claims which constituted the consideration of the note was a complete defense to this action, and having asked the court to so instruct, it is now too late to ask a retrial upon a theory, and calling for a line of evidence, not suggested in the case we now have before us. [Tube Works Co. v. Ice Machine Co., 201 Mo. 30, 59.] Y. We now come to the real question submitted by the court to the jury as follows: “If you find from the evidence . . . that said Butler and McManus were put in possession of said mining claims hy said .Westlake and Laugh-lin under their deed of date May 14, 1907, which is in evidence, and that said Butler' and McManus have since that time had peaceable possession of said mining claims, then your verdict should be for the plaintiff for the amount of said note and interest after deducting all payments made thereon. ’ ’ The effect of this instruction, under the pleadings and evidence, was to tell the jury that if the defendants had taken possession of the land under the deed, and the title to some part of it had proven defective or failed, they could not retain the whole and resist the payment of the purchase price. No principle of law can be more firmly established in this State than the above, and there is no principle of right or justice that calls for a reexamination of the numerous cases in which it has been asserted. [Mitchell v. McMullen, 59 Mo. 252; Connor v. Eddy, 25 Mo. 72, 75; Wheeler v. Standley, 50 Mo. 509, 511; Cartwright v. Culver, 74 Mo. 179; Hunt v. Marsh, 80 Mo. 396, 398; Davis v. Watson, 89 Mo. App. 15, 26.] These cases all unite in affirming the doctrine that where one purchases land, taking a deed therefor with covenants of warranty, and goes into possession, he cannot, while holding possession of the land, defend' against the payment of his note for the purchase price as for a total failure of consideration. He is limited in his defense to the damages he has suffered by the breach of the warranty of title. This case affords an excellent illustration of the principle. The deed, so far as its granting words go, is a simple quitclaim. When the grantees succeeded to their grantors’ possession, they had everything that the deed for which the note was given purports to give them; the possession of the land and such title as the grantors had to sustain it. There was nothing else connected with the consideration of the note but the covenant that the claims were free from taxes and other liens, and that the grantors had good right to convey them. The only “failure of consideration” in the transaction was the breach of this covenant. The extent of the grantors’ liability was such damage, if any, as the defendants suffered from it. This defense, however, seeks to turn it into an instrument by which they can keep the entire property without paying for it. The trial, court committed no error in refusing to submit the case on that theory. VI. The note in suit imported a consideration, and the burden rested upon the defendants to prove affirmatively that it was lacking or had failed. The answer admitted that the consideration was the transfer to defendants of certain mining property with a warranty of title, and that the title was defective. The word transfer implies delivery of possession. They could not have chosen a broader word to express it. Bouvier defines it as “the act by which the owner of a thing delivers it to another with the intent of passing the right he has in it to the latter.” To the same effect are Ex parte Thomason, 16 Neb. 238, and Robertson v. Wilcox, 36 Conn. 426. If the possession of the property had not been delivered to defendants, or if they had been deprived of any part of it on account of failure or defect of title, the burden was on them to show it. But even were Ibis burden upon the plaintiff it was well sustained. The statement of Mr. McManus already quoted amounted to an admission that the possession had been delivered to the defendants and that they had held it up to the time he testified. We find no error against the appellant, and the judgment of the St. Louis City Circuit Court is affirmed. PER CURIAM. — This cause having been transferred to Court in Banc from Division One, on the dissent of Woodson, J., and having been reargued and submitted, tbe foregoing opinion of Brown, C., is adopted as tbe opinion of tbe court. All concur except Woodson, G. J., who dissents.
CASELAW
Sewage Turbine Energy Harvester 4,525 49 8 About: The BCAMRL is a Mechatronics Research Lab, founded in 2014 on the campus of Bergen County Academies, a magnet high school within the Bergen County Technical School District. Students create innovations base... My research project is to use wastewater in homes(water found in kitchens, sinks, baths, etc.) and use that water to convert it into energy that would go back inside the house it came from. This will be achieved by inserting a water turbine inside of a 4 inch diameter tube, the turbine will be connected to a generator that creates voltage for home usage. Before the wastewater passes through the turbine it would go through a sifter that would turn the solid masses in the water into tiny particles so the system does not get clogged. This innovation would be placed in the backyard where the wastewater from most homes usually lies before it goes back into the sewer, which is connected to the general plumbing of our homes. One of the main problems for today’s middle class is the the countless amount of bills they receive each month, their energy bill being one of the biggest burdens. My hope it to either reduce or eliminate the energy bill with this machine. Some of the wastewater that is in the sewers is converted into energy, but there are people who maintain these facilities and they have to make sure the system runs smoothly. My product would be different because it would be self manageable, so their would be no facility cost on your water bill. Teacher Notes Teachers! Did you use this instructable in your classroom? Add a Teacher Note to share how you incorporated it into your lesson. Step 1: Problem As society becomes more reliant on technology to do everyday tasks in order to make their lives easier. However one thing that does not make life easier for the everyday person is their energy bill. With households increasing their energy output it is important to find new ways to create energy so that energy bills can go down, which is how I came up with the idea of my Sewage Turbine Energy Harvester. Step 2: Parts List: Parts List 3 Water Turbines-3D Printed USB / DC / Solar Lithium Ion/Polymer charger - v2 VERTER 5V USB Buck-Boost - 500mA from 3V-5V / 1000ma from 5V-12V 3 ¼ inch Dowels 4 inch diameter pipe Gear system Metal Rod 3 DC Motors Battery Volt Sensor Wires Anchors Arch Locks Acrylic tube base Step 3: Instructions 1. Gather All Materials 2. Drill 3 holes equidistant from each other, on each side of the pipe Make the hole big enough that the dowel can pass through 3. Once hole is made insert the turbines into the pipe and pass the dowel through it. 4. Attach anchors on the ends of the pipe, this will allow for the metal rod to be placed onto the system 5. Screw the metal rod onto the anchor 6. Set the three DC Motors onto the metal rod Using the arch anchors, secure the DC Motors onto the metal rod 7. Place one set of gears onto the dowel 8. Place a second set of gears onto the DC Motor preferably with more teeth 9. Make sure that the gears from the dowel to the DC Motor are touching each other and spin when in contact with each other. 10. Gather 2 long wires and label them positive and negative 11. Solder the positive wire onto the positive leads of the DC Motor and the Negative wire onto the negative leads of the DC Motor 12. Place the arduino USB charging circuit onto the base 13. Place the positive and negative wires into their respective spots of the circuit Step 4: Results As you can see from the video, when placed in water the turbine is able to spin. We did not perform this test with the electronics attached to the system in order to protect the electronics. We tried to demonstrate the spinning of the turbine with a fan, but the fan was not strong enough to push the turbines. If there was no concern about using water to test the prototype voltage would surely be present in the system proving that the prototype works toward its cause. Step 5: Electronics The circuit for the innovation uses the following 2 modules which can be found at Adafruit.com. -USB / DC / Solar Lithium Ion/Polymer charger - v2 -VERTER 5V USB Buck-Boost - 500mA from 3V-5V / 1000ma from 5V-12V -You must first assemble both the -USB / DC / Solar Lithium Ion/Polymer charger - v2 and the VERTER 5V USB Buck-Boost - 500mA from 3V-5V / 1000ma from 5V-12Vtogether circuits. Instructions can be found on adafriut.com. website. -After assembly, connect both modules together: see pic above. The mini meter which can be found on amazon will track your battery, this can be connected to the input terminal of the Boost module. Step 6: Future Modifications Future modifications include make the gear system more efficient. At the moment the gear system is smooth but not as smooth as it could be. By making the gear system more efficient it will allow for the system to generate more power which is the main purpose of my prototype. Another modification that will be looked at is how to protect the electronics so that the prototype can be tested underwater.By protecting the electronics it will allow for me to gather more solid data when testing the prototype. By doing this I could show that the system is actually generating power and that it is charging the battery that it is connected to. Step 7: Supporting Documentation Supporting Documentation: Research Poster, Video Share Recommendations • Indoor Lighting Contest Indoor Lighting Contest • Make It Fly Challenge Make It Fly Challenge • Growing Beyond Earth Maker Contest Growing Beyond Earth Maker Contest 8 Discussions 0 None twighahn 1 year ago Brillante. Shalom 0 None gast 1 year ago Have you ever checked how much waste water the average house generates? I suspect that the amount of energy you can recover is minimal compared to the cost of installing and maintaining the system. I really like the concept and thinking out of the box but I think your numbers are just not going to add up. 1 reply 0 None Steinzelgast Reply 1 year ago I have to agree, the little trickle that comes down the pipe isnt going to do much. I could see this very useful in other places though. Sometimes here in Florida it rains for days at a time. Now THAT is a huge shot of continuous water flow. 0 None Wrrr 10-G Tip 1 year ago Phew, glad to read you were talking about "grey water" in stead of raw sewage.. I would suggest a double clamp for each generator, so you'll need way less clamping force to steady each generator (because that's what gears demand: excellent allignment). Love the transparancy ;) 0 None Clutch2bone 1 year ago This looks like it could be easily converted to a down-spout pipe for water running off your roof. Where I live that could recoup the cost in a year or two, some places more. Nice idea! 0 None warhawk8080 1 year ago Very cool....this also could be used in a feed pipe from a stream...water flowing down hill, I saw this also in another design where the vanes were Savonius style vanes, but for much larger pipes. Very awesome design!!!! None 0 None allangee 1 year ago Interesting concept, but there are a couple of things you'll need to address. To begin with, the "sifter" to break down the solids will have to be powered -- more of a grinder than sifter -- otherwise it will plug. The grinder will VERY likely use more power than the generators produce. Secondly, if you place the generator in the horizontal part of the sewage pipe, you won't get enough force to turn the paddles. The horizontal slope of the sewer pipe is designed to create a slower "river" in the bottom of the pipe so that solid waste flows with it and doesn't get left behind when the water rushes out. It may look like the water is leaving with a lot of force when you flush your toilet, but that's because of the narrow inlet designed to push water and matter into the drain to get the siphon going through the trap. It'll then take a vertical drop through the plumbing stack, followed by it's flow down the "river" to the main sewer line. Keep up the innovative thinking though! 0 None JonathanK23 1 year ago Nice work so far! We have the same energy problems in Australia and lots of talk to use similar systems in the public sewer system but nothing as of yet that i know of and definitely nothing like this! I have these kinds of ideas myself all the time however I am a bit lazy in executing them so its very cool to see someone actually doing it. Keep up the awesome work. Looking forward to seeing a waterproof V2.0 :)
ESSENTIALAI-STEM
Hampton Water Treatment Works Hampton Water Treatment Works are water treatment works located on the River Thames in Hampton, London. Built in the second half of the 19th Century to supply London with fresh water, the Waterworks was in the past a significant local employer, and its brick pumphouses dominate the local landscape. The Waterworks are currently owned and operated by Thames Water, occupying a 66 ha site located between the Upper Sunbury Road (A308) and the River Thames. The Waterworks currently has a maximum output of 700 megalitres a day, and supplies ~30% of London's fresh water. History Construction of the Waterworks began in the 1850s as a joint venture of the Grand Junction Waterworks Company, the Southwark and Vauxhall Waterworks Company, and the West Middlesex Waterworks Company, following the passage of the 1852 Metropolis Water Act, which made it unlawful to take drinking water from the tidal Thames below Teddington Lock because of the amount of sewage in the tidal river. The original works were designed by Joseph Quick and J.W. Restler, and initially comprised sand filter beds to remove suspended solids from the river water, and three massive engine pump houses constructed in Gault brick, with large arched windows and decorative balustrades. The site was expanded in the 1860s with additional filtration, water storage and steam driven pumping plant built. The last engine house on the site was completed in 1900, and with the establishment of filter beds between Belgrade Road and Rose Hill in the early 20th century (drained in the 1990s to become Hampton Green), the Waterworks came to dominate the southern and western sides of Hampton. The various water companies were amalgamated into the Metropolitan Water Board in 1902. Once complete the Waterworks were among the largest in the world at the time, supplying over 400 megalitres a day and requiring over 100 tons of coal for the pumphouses. Coal was supplied on barges unloaded at Hampton wharf and moved by cart to the Waterworks. Difficulties with this arrangement led to the construction of the Metropolitan Water Board Light Railway in 1915. The Railway connected the wharf to the Waterworks and Kempton Park pumping station. The Railway also continued to a standard gauge railway siding at Sunbury station, which allowed for coal to be delivered via the London and South Western Shepperton branch line when the river was in flood or operators were on strike. Operations In addition to water abstracted locally from the Thames the Waterworks also receives water from other sources. Water is supplied via the Staines Reservoirs Aqueduct (built 1902) from the King George VI Reservoir (1947) and Staines Reservoirs (1902) which receive their water from the River Thames at Hythe End, just above Bell Weir Lock. The aqueduct passes, and transports water from, the Queen Mary Reservoir (1924) and the Water Treatment Works at Kempton Park, which used to be connected to Hampton via the Metropolitan Water Board Railway. Water was also supplied from the Knight and Bessborough Reservoirs (1907) and the Queen Elizabeth II Reservoir (1962) on the opposite (south) side of the Thames. The Hampton works is also the starting point of the Thames-Lea tunnel (1960) which transfers water to the reservoirs in the Lea Valley. The Waterworks conducts a test of its warning siren (to be used in the event of an unauthorised or accidental release of chlorine or other hazardous material) every Tuesday at approximately 9 a.m. The siren is a former air raid siren dating from the Second World War, and is audible throughout Hampton and Molesey.
WIKI
Talk:Bevis of Hampton Hypothesis passed off as fact "The Russian rendition of the romance appeared in mid-XVI century, translated from a Polish or Old Byelorussian version, which were, in turn, translated from a Serbocroatian rendition of the Italian romance, made in Ragusa." We don't know this. I haven't looked into the arguments so I don't know how sound it is, but I do know that there are at least two alternative theories: that the Russian version derives from the Yiddish, or direct from the Italian. —Preceding unsigned comment added by <IP_ADDRESS> (talk) 17:28, 2 April 2009 (UTC) Date inconsitencies The "Sources" section states "the emperor Otto the Great, who was the contemporary of Edgar Atheling". Visiting the linked pages would suggest that the two characters were not direct contemporaries, and that there were some 78 years between the death of Otto and the birth of Edgar. <IP_ADDRESS> (talk) 23:06, 22 December 2010 (UTC) "Thyrdo" in Beowulf? Is this supposed to be Modthryth? I'm guessing Thyrdo is an old mis-reading of Modthryth. Vortimer (talk) 06:32, 23 December 2012 (UTC) * I was wondering that too. A Google search for Thyrdo only seems to bring up links either to this page or to the original quote from the 1911 Brittanica. I'd also be interested to know who mooted this "fanciful etymology" linking Bevis to Beowulf. 10:29, 3 December 2015 (UTC) — Preceding unsigned comment added by Nick xylas (talk • contribs) Uncited paragraph in "Legend" The first paragraph of the "Legend" section seems to come straight from Four Romances of England (listed in the "Editions" and "External links"). The paragraph is given word-for-word in the introduction to "Bevis of Hampton" given in Four Romances of England. Heavis (talk) 04:00, 11 June 2024 (UTC)
WIKI
Stone Avenue Underpass The Stone Avenue Underpass, known to native Tucsonans as "Lake Elmira", is a historic underpass on Stone Avenue in Tucson, Arizona. The underpass was completed in January 1936. It was added to the National Register of Historic Places in 1988. It is located between 6th street and E. Toole Avenue/W. Franklin Street, and carries two lanes in each direction of Stone Ave under the Union Pacific railroad tracks that run through downtown Tucson. Due to the poor drainage, it fills fast during heavy downpours of rain. For this reason, the underpass was nicknamed Lake Elmira. It was named after the 13 year old Elmira Doakes, by Arizona Daily Star reporter Howard Owetly in the summer of 1937. In the 1980s, two young history buffs had a zinc plaque made and placed it on one of pillars without permission from the City Of Tucson or The Arizona Historical Society. It reads in English and Spanish:"“Lake Elmira. According to a 1937 newspaper account, thirteen year old Elmira Doakes (daughter of Joseph Doakes of Tucson) was the first person to successfully swim across the body of water which formed in the Stone Avenue Underpass (during summer rains). Her route from the Toole Avenue Landing to the Northern Shore has not to our knowledge been followed since. There is apparently no truth to the rumor that the Federal aid was denied in 1940 for building docking facilities and a chlorinating system in this once popular recreational area. (Although the Doakes current whereabouts is not known, it is believed that she moved to California after the Underpass received more efficient drains in the mid-sixties."
WIKI
Calculate area of rectangle using parameterised constructor in java Let’s learn to calculate area of rectangle using parameterised constructor in java. Calculate area of rectangle using parameterised constructor in java calculate area of rectangle using parameterised constructor in java Parameterised constructor is a constructor that has parameters. These parameters initialize fields of a class. Also read – area of rectangle using constructor overloading in java Now let’s see java program to find area of rectangle using constructor, import java.io.BufferedReader; import java.io.IOException; import java.io.InputStreamReader; class RectangleShape { int area, length, breadth; // Parameterized constructor RectangleShape(int l, int b) { length = l; breadth = b; } void getArea() { area = length * breadth; System.out.println("Area of rectangle : " + area); } } public class FindArea { public static void main(String[] args) throws IOException { BufferedReader br = new BufferedReader(new InputStreamReader(System.in)); int length, breadth; System.out.println("Please enter length : "); String strLength = br.readLine(); length = Integer.parseInt(strLength); System.out.println("Please enter breadth : "); String strBreadth = br.readLine(); breadth = Integer.parseInt(strBreadth); RectangleShape rs = new RectangleShape(length, breadth); rs.getArea(); } } Output: Please enter length : 50 Please enter breadth : 20 Area of rectangle : 1000
ESSENTIALAI-STEM
Talk:Attalla, Alabama Wondering how to edit this U.S. City Entry? The WikiProject U.S. Cities standards might help. Attalla - First City to Have Electric Street Lights This has been taken from http://www.cityofattalla.com/html/history.shtml without any reference. It was just copy and pasted. This article needs to explain something that happened between 1941 and today. Can someone cut this article in half and expand on currrent affairs? Most of the article is just fat and drab comments about nothing. Let's focus on this cities accomplishments. I honestly didn't know that this sleepy Alabama city was the first to have electric street lights. I'm sure more people will find that interesting. Binarypower 19:17, 16 July 2006 (UTC) * The entire history section of this article is copied from |http://www.cityofattalla.com/html/history.shtml and as such is a copyright violation. I've tagged it as such. --Lendorien 16:01, 5 February 2007 (UTC) External links modified Hello fellow Wikipedians, I have just modified 3 one external links on Attalla, Alabama. Please take a moment to review my edit. If you have any questions, or need the bot to ignore the links, or the page altogether, please visit this simple FaQ for additional information. I made the following changes: * Added archive http://www.webcitation.org/6YSasqtfX to http://www.census.gov/prod/www/decennial.html Cheers.— InternetArchiveBot (Report bug) 11:02, 21 July 2016 (UTC)
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NORFOLK SOUTHERN RAILWAY COMPANY, Plaintiff, v. NATIONAL UNION FIRE INSURANCE OF PITTSBURGH, PA, et al., Defendants. Civil Action No. 2:12-cv-05183. United States District Court, S.D. West Virginia, Charleston Division. Signed Feb. 26, 2014. Opinion Denying Reconsideration March 31, 2014. Donald R. McMinn, John M. McNulty, Stephen A. Klein, Hollingsworth, Washington, DC, Nicholas S. Preservati, Charleston, WV, for Plaintiff. Bryan P. Vezey, Joseph A. Ziemianski, Cozen O’Connor, Houston, TX, Charles R. Steele, Steele Law Offices, Clarksburg, WV, Christopher A. Wadley, Garret E. Glass, Robert P. Arnold, Walker Wilcox Matousek, Chicago, IL, for Defendants. MEMORANDUM OPINION & ORDER JOSEPH R. GOODWIN, District Judge. Pending before the court are Norfolk Southern Railway Company’s Motion for Partial Summary Judgment [Docket 71] and Westchester Fire Insurance Company’s Cross-Motion for Partial Summary Judgment [Docket 76]. For the reasons stated below, Norfolk Southern Railway Company’s motion [Docket 71] is GRANTED and Westchester Fire Insurance Company’s motion [Docket 76] is DENIED without prejudice with respect to Norfolk Southern’s bad faith claim and DENIED otherwise. I. Factual & Procedural Background The plaintiff, Norfolk Southern Railway Company (“Norfolk Southern”), filed this lawsuit seeking coverage as an additional insured for damages resulting from a railroad derailment. Norfolk Southern alleges that it is an additional insured under a policy issued by Westchester Fire Insurance Company (“Westchester”). The following facts are undisputed. On July 21, 2009, employees of Norfolk Southern and Cobra Natural Resources, LLC, (“Cobra”) were positioning a train under, a coal loading facility (the “loadout”) in order to fill rail cars with coal. As the train passed under the loadout, a Cobra employee noticed that Cobra’s scanning device was not properly scanning rail cars. Cobra’s loadout operator asked that Norfolk Southern pull the train clear of the loadout and then return it so the cars could be rescanned. As the train was backed through the loadout, a rail broke, derailing several cars (the “derailment”). One of the derailed cars struck the loadout’s support beams, causing the loadout to collapse. Several lawsuits were filed against Norfolk Southern for damages sustained during the derailment and loadout collapse. Norfolk Southern contends that it incurred substantial liability as a result of these lawsuits. Norfolk Southern accordingly brought this lawsuit, alleging, among other things, that it should be indemnified under an insurance policy issued by Westchester, policy number G21979727004 (the “Westchester policy”). In its motion for summary judgment, Norfolk Southern contends that the Westchester policy, obtained by Alpha Natural Resources, Inc., (“Alpha”) for Cobra, includes Norfolk Southern as an additional insured and covers Norfolk Southern for its liability arising out of the derailment. Conversely, Westchester argues that Norfolk Southern is not an additional insured, and even if Norfolk Southern was an additional insured, the Westchester policy does not cover Norfolk Southern’s liability arising out of the derailment. Westchester also moves for summary judgment on a portion of the allegations that make up Norfolk Southern’s bad faith claim. Norfolk Southern alleges in its Amended Complaint that Westchester breached an implied covenant of good faith and fair dealing by, among other things, violating “the public policy prohibition against subrogation against one’s own insured and its duty to act in its insured’s best interest.” (Am. Compl. for Damages and Equitable Relief [Docket 60] ¶ 301). The complaint continues that “[u]pon information and belief, Westchester paid some or all of Cobra’s damages allegedly arising from the Derailment and then sought to recover such payments from its insured Norfolk Southern through the Cobra Action [a suit brought by Cobra against Norfolk Southern in the Circuit Court of Min-go County, West Virginia], while at the same time wrongfully denying the existence of that insurance relationship.” (Id.). II. Legal Standard A. Summary Judgment To obtain summary judgment, the moving party must show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as- a matter of law. Fed.R.Civ.P. 56(a). In considering a motion for summary judgment, the court will not “weigh the evidence and determine the truth of the matter.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Instead, the court will draw any permissible inference from the underlying facts in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587-88, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Although the court will view all underlying facts and inferences in the light most favorable to the nonmoving party, the non-moving party nonetheless must offer some “concrete evidence from which a reasonable juror could return a verdict in his [or her] favor.” Anderson, All U.S. at 256, 106 S.Ct. 2505. Summary judgment is appropriate when the nonmoving party has the burden of proof on an essential element of his or her case and does not make, after adequate time for discovery, a showing sufficient to establish that element. Celotex Corp. v. Catrett, All U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The nonmoving party must satisfy this burden of proof by offering more than a mere “scintilla of evidence” in support of his or her position. Anderson, All U.S. at 252, 106 S.Ct. 2505. Likewise, conclusory allegations or unsupported speculation, without more, are insufficient to preclude the granting of a summary judgment motion. See Felty v. Graves-Humphreys Co., 818 F.2d 1126, 1128 (4th Cir.1987); Ross v. Comm’ns Satellite Corp., 759 F.2d 355, 365 (4th Cir.1985), abrogated on other grounds by Price Waterhouse v. Hopkins, 490 U.S. 228, 109 S.Ct. 1775, 104 L.Ed.2d 268 (1989). B. Interpretation of Insurance Policies As I have previously decided, West Virginia law applies to the insurance policies at issue in this litigation. {See Mem. Op. & Order [Docket 56]). In West Virginia, “[determination of the proper coverage of an insurance contract when the facts are not in dispute is a question of law.” Marlin v. Wetzel Cnty. Bd. of Educ., 212 W.Va. 215, 569 S.E.2d 462, 464 (2002). “Language in an insurance policy should be given its plain, ordinary meaning.” Syl. Pt. 1, Mylan Labs., Inc. v. Am. Motorists Ins. Co., 226 W.Va. 307, 700 S.E.2d 518, 520 (2010) (quoting Syl. Pt. 1, Soliva v. Shand, Morahan & Co., Inc., 176 W.Va. 430, 345 S.E.2d 33, 33 (1986), overruled on other grounds by Nat'l Mut. Ins. Co. v. McMahon & Sons, Inc., 177 W.Va. 734, 356 S.E.2d 488 (1987)). “Where the provisions of an insurance policy contract are clear and unambiguous they are not subject to judicial construction or interpretation, but full effect will be given to the plain meaning intended.” Syl. Pt. 2, W. Va. Fire & Cas. Co. v. Stanley, 216 W.Va. 40, 602 S.E.2d 483, 486 (2004). However, when “the language of an insurance policy provision is reasonably susceptible of two different meanings or is of such doubtful meaning that reasonable minds might be uncertain or disagree as to its meaning, it is ambiguous.” Syl. Pt. 3, id. When an insurance provision is ambiguous, “it is construed against the drafter, especially when dealing with exceptions and words of limitation.” Boggs v. Camden-Clark Mem’l Hosp. Corp., 225 W.Va. 300, 693 S.E.2d 53, 58 (2010) (quoting Payne v. Weston, 195 W.Va. 502, 466 S.E.2d 161, 166 (1995)). III. Analysis A. Norfolk Southern Is an Additional Insured under the Westchester Policy Norfolk Southern and Westchester each move for summary judgment on the issue of whether Norfolk Southern is an additional insured under Westchester’s policy. Cobra, through its parent company, Alpha, obtained the Westchester policy pursuant to a 2008 lease agreement (the “2008 Lease Agreement”) between Cobra and Norfolk Southern. Under that agreement, Norfolk Southern leased to Cobra property at Ben Creek Spur to construct the loadout. Further, Cobra agreed to purchase liability insurance. In relevant part, the agreement read: Tenant [Cobra] shall procure and maintain, at all times and at its expense, in a form and with an insurance company acceptable to Landlord [Norfolk Southern], Commercial General Liability Insurance for the Premises. Such coverage shall (a) have a single limit of not less than $2,000,000 for each occurrence (or such greater amount over time so as to be commercially reasonable) and shall provide for a deductible of not more than $5,000.00, (b) cover Tenant’s contractual liability hereunder, (c) cover Tenant and Landlord for liability arising out of work performed by any third parties for Tenant in or about the Premises, (d) name the Landlord Entities as additional insureds, and (e) be considered primary and noncontributory, regardless of any insurance carried by Landlord. (2008 Lease Agreement [Docket 76-4] ¶ 21). Norfolk Southern contends that the 2008 Lease Agreement obligated Cobra to maintain general liability insurance that named Norfolk Southern as an additional insured. Cobra obtained a primary insurance policy from National Union Fire Insurance of Pittsburgh, PA (“National Union”) with a limit of $2 million and an umbrella policy with a limit of $10 million from Westchester that sat above the National Union policy. (See Westchester’s Mem. in Supp. of its Cross-Mot. for Partial Summ. J. [Docket 77], at 3). The issue here is whether Norfolk Southern is an additional insured under the Westchester policy. That policy stated that it covered Alpha and its subsidiaries (Cobra), as well as: (a) any person, organization, trustee or estate that has obligated you by written contract to provide the insurance that is afforded by this policy, but only with respect to liability arising out of “Your Work”, “Your Product” and to property owned or used by you[.] (Commercial Umbrella Liability [Docket 71-5], at 20]). Westchester contends that Norfolk Southern is covered as an additional insured under section (a) by the National Union policy, not the Westchester policy. Westchester points to the lease provision obligating Cobra to obtain insurance coverage with a “limit of not less than $2,000,000.” (2008 Lease Agreement [Docket 76-4] ¶21). According to Westchester, because Cobra obtained the $2 million coverage from National Union, and Cobra was not obligated to obtain more insurance, Norfolk Southern is not an “organization ... that has obligated [Cobra] by written contract to provide” the Westchester policy. (Commercial Umbrella Liability [Docket 71-5], at 20]). I disagree. The 2008 Lease Agreement does not establish a cap on the insurance Cobra is to obtain. Quite simply, Cobra was required to obtain insurance for the benefit of Cobra and Norfolk Southern, and that insurance could not have a limit of “less than $2,000,000.” Cobra could, and did, obtain insurance in excess of $2 million consistent with the terms of the 2008 Lease Agreement. Further, the 2008 Lease Agreement expressly contemplates limits greater than $2 million, as indicated by the parenthetical clause, “(or such greater amount over time so as to be commercially reasonable).” USX Corporation v. International Insurance Company, cited by Westchester, is distinguishable because the underlying contract in that case stated that insurance coverage was limited to “up to one million dollars.” Civ. No. 94-5534, 1996 WL 131030, at *1 (E.D.Pa. Mar. 21, 1996). Cobra’s obligation to obtain insurance is not similarly capped. The other cases cited by Westchester employ Westchester’s faulty reasoning that “not less than” is a cap on Cobra’s obligation. See, e.g., Musgrove v. Southland Corp., 898 F.2d 1041, 1043-44 (5th Cir.1990) (applying Louisiana law) (where contractor was obligated to obtain general liability insurance of “not less than $1 million” for itself and the plaintiff, the plaintiff was not an additional insured under the excess liability policy); Forest Oil Corp. v. Strata Energy, Inc., 929 F.2d 1039, 1045 (5th Cir.1991) (applying Texas law) (where contract obligated operator of oil and gas fields to obtain general liability insurance coverage for the benefit of operator and non-operator “of not less than $100,000” per incident and “not less than $300,000,” non-operator was not an additional insured under operator’s $1 million excess policy); Allied Corp. v. Frola, Civ. No. 87-462, 1992 WL 281114, at *8 (D.N.J. Oct. 6, 1992) (landlord was not an additional insured where contract required lessee to obtain coverage of “not less than $500,000”). For the reasons already stated, I FIND that Norfolk Southern qualifies as an additional insured under the Westchester policy. I therefore need not decide whether Westchester is estopped from denying coverage. B. Norfolk Southern’s Liability “Arises Out of’ Cobra’s “Work” Having found that Norfolk Southern is an additional insured under the Westchester policy, I must now decide whether the derailment qualifies for coverage under the Westchester policy. The Westchester policy covers additional insureds, “but only with respect to liability arising out of ‘Your Work’, ‘Your Product’ and to property owned or used by you.” (Commercial Umbrella Liability [Docket 71-5], at 20]). The policy defines “Your Work,” in relevant part, as “(1) work or operations performed by you or on your behalf; and (2) materials, parts or equipment furnished in connection with such work or operations.” (See id. at 24). Cobra is the named insured on the Westchester policy, so “you” refers to Cobra. Norfolk Southern argues that its liability “arises out of’ Cobra’s work at the loadout facility, and therefore it is covered for the derailment as an additional insured under the Westchester policy. Conversely, Westchester argues that the phrase “arises out of’ connotes a direct causal relationship. (See Westchester’s Resp. to Norfolk Southern’s Mot. for Partial Summ. J. [Docket 75], at 8). Westchester does not expressly say so, but it apparently contends that “arises out of’ is equivalent to proximate causation. (See id. at 10 (“Whether Cobra’s work or premises caused the injuries at issue is traditionally a question of fact....”)). Because Cobra did not cause the derailment, Westchester argues that it is not required to indemnify Norfolk Southern for the derailment. (See id.). Coverage for the derailment turns on whether it was an incident “arising out of’ “work or operations performed by [Cobra] or on [Cobra’s] behalf.” According to Couch on Insurance: Insurance policies often employ such language as “arising out of’ and “resulting from” relative to describing the coverage provided by the policy. These phrases are frequently given a broader and more comprehensive meaning than that encompassed by “proximate cause.” The phrases are generally considered to mean “flowing from” or “having its origin in.” Accordingly, use of these phrases does not require a direct proximate causal connection but instead merely requires some causal relation or connection. Courts have split on where “arising out of’ falls on the causation scheme with some courts finding it equivalent to “but for” causation and others finding it somewhere between “but for” causation and proximate causation. However, if these phrases are used in an exclusionary provision rather than a grant of coverage, these phrases will be interpreted narrowly against the insurer. 7 Couch on Ins. § 101:52 (3d ed. 2013). The West Virginia Supreme Court of Appeals has not defined “arising out of’ in this particular context. However, it has given strong indications that it would interpret the phrase broadly. See, e.g., Baber v. Fortner ex rel. Poe, 186 W.Va. 413, 412 S.E.2d 814, 817 (1991) (noting that “the phrase ‘arising out of the ownership, maintenance or use’ in automobile insurance policies has been given a broad interpretation”); Huggins v. Tri-Cnty. Bonding Co., 175 W.Va. 643, 337 S.E.2d 12, 17 (1985) (noting the absence of “any expansive language such as ... the phrase ‘arising out of ”). Other courts are in agreement that “arising out of’ indicates a broad meaning such as “originating from,” “growing out of,” “incident to,” or “flowing from.” See, e.g., Capitol Indem. Corp. v. 1405 Assocs., Inc., 340 F.3d 547, 550 (8th Cir.2003) (“[UJnder Missouri insurance law, ‘arising out of has been interpreted to be a very broad, general and comprehensive phrase meaning ‘originating from’ or ‘having its origins in’ or ‘growing out of or ‘flowing from.’ ”); Am. States Ins. Co. v. Bailey, 133 F.3d 363, 370 (5th Cir.1998) (“The words [arising out of] are understood to mean ‘originating from,’ ‘having its origin in,’ ‘growing out of or ‘flowing from.’” (citation and quotations omitted)); Fed. Ins. Co. v. Tri-State Ins. Co., 157 F.3d 800, 804 (10th Cir.1998) (“[T]he general consensus that the phrase ‘arising out of should be given a broad reading such as ‘originating from’ or ‘growing out of or ‘flowing from’ or ‘done in connection with’ — that is, it requires some causal connection to the injuries suffered, but does not require proximate cause in the legal sense.”); Winnacunnet Co-op. Sch. Dist. v. Nat’l Union Fire Ins. Co., 84 F.3d 32, 35 (1st Cir.1996) (“New Hampshire courts have consistently viewed ‘arising out of as a very broad, general and comprehensive term ... meaning originating from or growing out of or flowing from.”) (citation omitted); St. Paul Fire & Marine Ins. Co. v. Ins. Co. of N. Am., 501 F.Supp. 136, 138 (W.D.Va.1980) (“ ‘Arising out of are words of much broader significance than ‘caused by.’ They are ordinarily understood to mean ‘originating from,’ ‘having its origin in,’ ‘growing out of,’ or ‘flowing from,’ or in short, ‘incident to or having connection with’....”) (citations omitted); Maroney v. New York Cent. Mut. Fire Ins. Co., 5 N.Y.3d 467, 805 N.Y.S.2d 533, 839 N.E.2d 886, 889 (2005) (“[t]he words arising out of have broader significance ... and are ordinarily understood to mean originating from, incident to, or having connection with....”) (quotations omitted). Both parties argue that Baber v. Fortner ex rel. Poe supports their position. In that case, the court interpreted an automobile insurance policy that provided coverage for acts “arising out of the ownership, maintenance or use” of the automobile. 186 W.Va. 413, 412 S.E.2d 814, 817 (1991). See id. at 816. The insured claimed that the shooting arose from the “ownership, maintenance or use” of his vehicle and therefore asked his insurance company to indemnify him. The court stated that “the phrase ‘arising out of the ownership, maintenance or use’ in automobile insurance policies has been given a broad interpretation.” Id. at 817. However, the court declined to find that the policy extended to the shooting: Fortner’s shooting of Walker was not “foreseeably identifiable with the normal use of the vehicle.” The shooting did not occur because Fortner drove the truck to visit his wife. The vehicle functioned merely as the situs of a shooting ■which could easily have occurred elsewhere, given the circumstances. For this reason, we conclude that an intentional shooting which occurs from within the cab of a stationary pickup truck is not an act arising out of the ownership, maintenance, or use of the vehicle. Id. at 819. Contrary to Westchester’s contention, the result in Baber did not turn solely on the lack of a direct causal relationship. Rather, the court also noted that the shooting was not “foreseeably identifiable with the normal use of the vehicle.” Baber, 412 S.E.2d at 819. In this case, a derailment at a railroad coal loadout is foreseeably identifiable with Cobra’s work at the loadout. In Baber, the use of the truck had nothing to do with the shooting, but Cobra’s loadout operations did relate to the derailment. The derailment occurred at Cobra’s loadout, during Cobra’s loadout operations, and on property Cobra leased. At the time of the derailment, Norfolk Southern was repositioning the train at Cobra’s request for Cobra to unload coal. Therefore, it is clear that the derailment arose out of Cobra’s work, or, at the very least, arose out of operations performed on Cobra’s behalf. Even if I were to find that “arises out of’ is reasonably susceptible to Westchester’s proposed definition and the broad definition espoused by the cases listed above, the phrase would be ambiguous, and it would be construed against Westchester. See Syl. Pt. 3, W. Virginia Fire & Cas. Co. v. Stanley, 216 W.Va. 40, 602 S.E.2d 483, 486 (2004) (“Whenever the language of an insurance policy provision is reasonably susceptible of two different meanings ... it is ambiguous.”); Boggs v. Camden-Clark Mem’l Hosp. Corp., 225 W.Va. 300, 693 S.E.2d 53, 58 (2010) (“[W]here a provision of an insurance policy is ambiguous, it is construed against the drafter.... ”). Accordingly, I FIND that the derailment arose out of Cobra’s “work” as defined in the Westchester policy. This result is not inconsistent with my holdings in Harris v. Norfolk Southern Railway Company, No. 2:11-cv-497. In that case, I interpreted a different provision of the 2008 Lease Agreement. That provision required Cobra to indemnify Norfolk Southern “from and against all claims, actions or legal proceedings arising, in whole or in part, from the conduct of [Cobra’s] operations, or the placement of [Cobra’s] fixtures ... within twenty-five feet (25') of [Norfolk Southern’s] tracks.” Harris v. Norfolk S. Ry. Corp., No. 2:11—cv-497, 2012 WL 6209198, at *5 (S.D.W.Va. Dec. 13, 2012). Interpreting the phrase “arise from,” I held that the plaintiffs claims do not arise, in whole in part, from either the conduct of Tenant’s operations or from the placement of Tenant’s fixtures, equipment, or other property.... The plaintiffs claims resulted from the derailment of NSRC’s rail cars, which in turn resulted from NSRC’s alleged failure to maintain and inspect its tracks. Stated differently, the plaintiffs state law negligence claims arise from the alleged failure of NSRC to comply with federal regulations setting forth standards of track inspection and maintenance, not from the conduct of Cobra’s operations or any placement of anything within 25 feet of the tracks. Id. (emphasis added). The term “arising from” means, essentially, “resulting from.” See Black’s Law Dictionary 115 (8th ed. 2004) (defining “arise”); see also Nutter v. St. Paul Fire & Marine Ins. Co., 780 F.Supp.2d 480, 488 (N.D.W.Va.2011) (in the insurance context, “[c]ase law has found the terms ‘arising from’ and ‘resulting from’ to be synonymous”). Thus, “arising from” has a more narrow definition than “arising out of,” and my Harris opinion is not controlling here. Accordingly, Norfolk Southern’s motion [Docket 71] with respect to the Westchester policy’s coverage is GRANTED and Westchester’s motion [Docket 76] on the same issue is DENIED. C. Bad Faith Claim Westchester also moves for summary judgment on a portion of the allegations that make up Norfolk Southern’s bad faith claim. Norfolk Southern alleges in its Amended Complaint that Westchester breached an implied covenant of good faith and fair dealing by, among other things, violating “the public policy prohibition against subrogation against one’s own insured and its duty to act in its insured’s best interest.” (Am. Compl. for Damages and Equitable Relief [Docket 60] ¶301). Essentially, Norfolk Southern argues that a sister company of Westchester, Westchester Surplus Lines Insurance Company (“WSLIC”), sued Norfolk Southern through Cobra in violation of the antisubrogation rule in a prior lawsuit in the Circuit Court of Mingo County, Cobra v. Norfolk Southern, Civil Action No. 11-C-354. In the insurance context, “subrogation” occurs when an insurer stands in the shoes of an insured and “inherits the right to sue” a third-party tortfeasor. 16 Couch on Ins. § 222:5 (3d ed. 2013). But, “[n]o right of subrogation can arise in favor of an insurer against its own insured, since by definition subrogation arises only with respect to rights of the insured against third persons to whom the insurer owes no duty.” Syl. Pt. 2, Richards v. Allstate Ins. Co., 193 W.Va. 244, 455 S.E.2d 803, 804 (1995). There are two main public policy considerations behind this “anti-subrogation” rule. First, the rule seeks to prevent insurers from having a conflict of interest that reduces the insurer’s incentive to vigorously defend its insured. See id. at 805; 16 Couch on Ins. § 224:3 (3d ed. 2013). Second, “the insurer should not be able to pass its loss to its own insured, thus avoiding coverage which its insured has purchased and paid in the form of premiums.” Id. Norfolk Southern contends that Westchester, through its parent and sister corporations, violated the anti-subrogation rule: “[WSLIC]’s subrogation action [Cobra’s Mingo County lawsuit against Norfolk Southern] combined with Westchester’s improper denial of coverage worked in synergy to avoid a net economic loss” to the parent company of WSLIC and Westchester. (Norfolk Southern’s Resp. to Westchester’s Cross-Mot. for Partial Summ. J. [Docket 84], at 9). Westchester moves for summary judgment on this claim, arguing that a separate, distinct company, WSLIC, brought the subrogation action against Norfolk Southern, and therefore the anti-subrogation rule does not apply. Norfolk Southern asserts that a genuine dispute of material fact exists “regarding the number and identity of Westchester affiliates involved in the Cobra subrogation action, the extent of their involvement, and on whose behalf they were acting.” (Norfolk Southern’s Resp. to Westchester’s Cross-Mot. for Partial Summ. J. [Docket 84], at 11). After reviewing the briefs and exhibits attached therein, I FIND that there is no genuine dispute of material fact at this time. Norfolk Southern cites three separate facts supporting its claim that the Westchester entities improperly acted in violation of the anti-subrogation rule. Each of these facts allegedly shows the involvement of Westchester’s parent entities, described variously as “ACE” entities, in the derailment claims adjustment process. First, ACE Westchester Specialty Group directed the adjusters working for WSLIC to retain counsel to protect the subrogation interests of Cobra’s insurers. Norfolk Southern quotes an email from the adjuster service, York Claims Service, Inc. (‘Work”), wherein York states that “[a]s directed by ACE Westchester Specialty Group, we have engaged the services of Cozen & O’Connor ... to protect subrogation interests of the insurers.” (Underwriting Report of York [Docket 84-1], at 10). Second, the adjuster file’s “ ‘Underwriter Directory’ lists a ‘Major Claims Manager’ for ‘Westchester Specialty Group,’ not for [WSLIC] specifically,” and “[t]he Major Claims Manager’s email address is hosted by ‘acegroup.com.’ ” (Norfolk Southern’s Resp. to Westchester’s Cross-Mot. for Partial Summ. J. [Docket 84], at 11). Finally, ACE USA sent coverage denial letters to Norfolk Southern “on behalf of Westchester Fire Insurance Company.” (See Coverage Denial Letters [Dockets 71-9 and 71-10]). None of these facts, if true, tends to show that Westchester itself sued Norfolk Southern in contravention of the anti-subrogation rule. At most, they show that the parent company of Westchester and WSLIC involved itself in the derailment adjustment process on some minor level. But the anti-subrogation rule only proscribes subrogation “in favor of an insurer against its own insured.” Syl. Pt. 2, Ferrell v. Nationwide Mut. Ins. Co., 217 W.Va. 243, 617 S.E.2d 790, 790 (2005) (emphasis added) (quoting Syl. Pt. 2, Richards v. Allstate Ins. Co., 193 W.Va. 244, 455 S.E.2d 803, 804 (1995)). In West Virginia, “[t]he law presumes that two separately incorporated businesses are separate entities[.]” Syl. Pt. 3, S. Elec. Supply Co. v. Raleigh Cnty. Nat. Bank, 173 W.Va. 780, 320 S.E.2d 515, 516 (1984). In some cases, however, “|j']ustiee may require that courts look beyond the bare legal relationship of the parties to prevent the corporate form from being used to perpetrate injustice, defeat public convenience or justify wrong.” S. States Co-op., Inc. v. Dailey, 167 W.Va. 920, 280 S.E.2d 821, 827 (1981). Even so, the corporate form will never be disregarded lightly. The mere showing that one corporation is owned by another or that they share common officers is not a sufficient justification for a court to disregard their separate corporate structure. Nor is mutuality of interest, without the countermingling of funds or property interests, or prejudice to creditors, sufficient. Rather it must be shown that the corporation is so organized and controlled as to be a mere adjunct or instrumentality of the other. Id. (citations omitted). There are no such facts to suggest that WSLIC and Westchester are so organized and controlled by each other as to be mere adjuncts or instrumentalities of one another. See State v. Schenectady Hardware & Elec. Co., Inc., 223 A.D.2d 783, 636 N.Y.S.2d 861, 862-63 (1996) (denying summary judgment where “defendant did not meet its initial burden of demonstrating that [the two insurers] are, as a matter of law, so significantly united in interest as to invoke the antisubrogation rule.... Defendant failed to demonstrate domination, control and abuse of that control by the parent company over [the two insurers], which are essential elements to pierce the corporate veils so as to impose alter ego liability!.]”). Even though no such facts exist at this time, discovery in this case is ongoing and scheduled to close on April 14, 2014. (See Order [Docket 92]). Summary judgment should be granted only after “appropriate time for discovery.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); see also Greater Baltimore Ctr. for Pregnancy Concerns, Inc. v. Mayor & City Council of Baltimore, 721 F.3d 264, 280 (4th Cir.2013); Evans v. Technologies Applications & Serv. Co., 80 F.3d 954, 961 (4th Cir.1996). Norfolk Southern contends that it has served document requests on Westchester that will “shed light on the relationship between and among the web of entities comprising ACE Limited, including, but not limited to, ACE USA, ACE Westchester Specialty Group, Westchester Fire Insurance Company, and Westchester Surplus Lines Insurance Company.” (Norfolk Southern’s Resp. to Westchester’s Cross-Mot. for Partial Summ. J. [Docket 84], at 13). Norfolk Southern also asserts that it plans to depose various ACE and Westchester employees on this topic. (See id.). Therefore, Westchester’s motion on Norfolk Southern’s bad faith claim is DENIED without prejudice. Westchester may renew this motion at the close of discovery. IY. Conclusion For the reasons stated above, Norfolk Southern’s motion [Docket 71] is GRANTED and Westchester Fire Insurance Company’s motion [Docket 76] is DENIED without prejudice with respect to Norfolk Southern’s bad faith claim and DENIED otherwise. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. MEMORANDUM OPINION AND ORDER Before the court is Westchester’s Motion to Reconsider [Docket 99]. For the reasons stated below, the motion is DENIED. I. Background The underlying facts of this case are adequately presented in my February 26, 2013 Memorandum Opinion and Order [Docket 96]. In that Order, I granted summary judgment in favor of Norfolk Southern Railway Company (“Norfolk Southern”) on several issues. Pertinent to the instant motion, I ruled that Norfolk Southern was an additional insured under an excess policy issued by Westchester Fire Insurance Company (“Westchester”) to Alpha Natural Resources, Inc. (“Alpha”) and its subsidiary, Cobra Natural Resources, LLC (“Cobra”). (See Mem. Op. & Order [Docket 96], at 7). To reach that holding, I interpreted a provision in a lease agreement wherein Norfolk Southern leased to Cobra property to construct a loadout facility at Ben Creek Spur. The lease agreement required Cobra to obtain insurance for the benefit of Norfolk Southern in certain circumstances. The agreement stated that “[s]uch coverage shall ... have a single limit of not less than $2,000,000 for each occurrence (or such greater amount over time so as to be commercially reasonable)----” (2008 Lease Agreement [Docket 76-4] ¶ 21). Westchester argued that Cobra discharged this obligation by obtaining exactly $2 million of coverage from National Union Fire Insurance Company. Westchester therefore contended that the excess insurance policy issued by Westchester to Cobra for coverage above $2 million did not include Norfolk Southern as an additional insured. I disagreed with Westchester and found that [t]he 2008 Lease Agreement does not establish a cap on the insurance Cobra is to obtain. Quite simply, Cobra was required to obtain insurance for the benefit of Cobra and Norfolk Southern, and that insurance could not have a limit of “less than $2,000,000.” Cobra could, and did, obtain insurance in excess of $2 million consistent with the terms of the 2008 Lease Agreement. Further, the 2008 Lease Agreement expressly contemplates limits greater than $2 million, as indicated by the parenthetical clause, “(or such greater amount over time so as to be commercially reasonable).” (Mem. Op. & Order [Docket 96], at 6). Westchester now moves that I reconsider that decision based on what it characterizes as “new evidence.” Two days before I entered the summary judgment opinion, Westchester received a series of letters wherein Norfolk Southern stated to Cobra its “insurance requirements” under the Ben Creek Spur lease agreement. The letters are generally the same and state in pertinent part: A COMPLETE LISTING OF OUR INSURANCE REQUIREMENTS IS ON THE REVERSE SIDE OF THIS NOTICE Your Building/Land Lease Agreement referenced on the front of this notice requires that you provide evidence of one or more of the following insurance coverages as indicated below: COMMERCIAL GENERAL LIABILITY (CGL) (Occurrence Form): Additional Insured Required. $2,000,000 General Aggregate $2,000,000 Each Occurrence FAILURE TO COMPLY WITH THESE INSURANCE REQUIREMENTS WILL RESULT IN THE CANCELLATION OF YOUR AGREEMENT. (See Second Notification [Docket 100-2], at 2-3). Westchester contends that these letters “are evidence, if not conclusive proof, that $2 million in coverage was all that Cobra was obligated to purchase under the 2008 Lease Agreement.” (Westchester’s Mem. in Supp. of Mot. to Reconsider [Docket 100], at 6). Westchester further argues that the letters at least show that “there are material questions of fact as to the parties’ course of dealing under the lease and their understanding of the relevant language” to preclude summary judgment. (Id.). II. Legal Standard Federal Rule of Civil Procedure 54(b) provides that “any order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties’ rights and liabilities.” Fed.R.Civ.P. 54(b). “Notwithstanding that precept, it is improper to file a motion for reconsideration simply to ask the Court to rethink what the Court had already thought through — rightly or wrongly.” In re: C.R. Bard, Inc., 948 F.Supp.2d 589, 649 (S.D.W.Va.2013). Although a “motion for reconsideration under Rule 54(b) is not subject to the strictures of a Rule 60(b) motion,” this district has been “guided by the general principles of Rules 59(e) and 60(b)” in determining whether a Rule 54(b) motion should be granted. Shrewsbury v. Cyprus Kanawha Corp., 183 F.R.D. 492, 493 (S.D.W.Va.1998) (Haden, J.). The Fourth Circuit has recognized three grounds for amending a judgment: “(1) to accommodate an intervening change in controlling law; (2) to account for new evidence not available at trial; or (3) to correct a clear error of law or prevent manifest injustice.” Pac. Ins. Co. v. Am. Nat’l Fire Ins. Co., 148 F.3d 396, 403 (4th Cir.1998). Motions to reconsider “may not be used, however, to raise arguments which could have been raised prior to the issuance of the judgment, nor may they be used to argue a case under a novel legal theory that the party had the ability to address in the first instance.” Id. Finally, “reconsideration of a judgment after its entry is an extraordinary remedy which should be used sparingly.” Id. (quoting 11 Charles Alan Wright and Arthur R. Miller, Federal Practice and Procedure § 2810.1, at 124 (3d ed.2012)). III. Analysis Although the letters in question are “new evidence” in the sense that they were not available at the time the court ruled on the parties’ motions for summary judgment, they do not alter my earlier ruling because they are parol evidence. “When a written contract is clear and unambiguous, the declarations of the parties, as to what they intended by the language used, are inadmissible.” Kanawha Banking & Trust Co. v. Gilbert, 131 W.Va. 88, 46 S.E.2d 225, 233 (W.Va.1947). “Except in cases of fraud or mistake, parol evidence can not be admitted to vary, contradict, add to or explain the terms of a complete and unambiguous lease, by proving that the agreement of the parties was different from what it appears upon the face of the lease.” Syl. pt. 2, Collia v. McJunkin, 178 W.Va. 158, 358 S.E.2d 242, 243 (W.Va.1987) The letters between Norfolk Southern and Cobra are not part of the lease agreement, so they are parol evidence. See Kanawha Banking & Trust Co. v. Gilbert, 131 W.Va. 88, 46 S.E.2d 225, 233 (W.Va.1947) (“Parol evidence ... is such as is not furnished by the document itself but is derived from outside sources.”). In my Memorandum Opinion, and Order [Docket 96], I interpreted the provisions of the lease according to its unambiguous terms. I did not find that the lease was ambiguous. Therefore, parol evidence regarding Norfolk Southern’s intent is inadmissible and will not be considered by the court in construing the terms of the lease agreement. Because Norfolk Southern’s letters will not be considered by the court, there is no reason to reconsider my ruling that Norfolk Southern qualifies as an additional insured under the Westchester’s excess policy. IV. Conclusion For the reasons stated above, Westchester’s Motion to Reconsider [Docket 99] is DENIED. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. . As Westchester acknowledges, its motion addresses only one aspect of Norfolk Southern’s bad faith claim. Thus, even if I granted Westchester’s motion, it would not result in dismissal of Norfolk Southern’s entire bad faith claim; rather, it would only limit the scope of the claim. . The parties’ briefs confusingly mention a number of separate ACE entities that are apparently parent companies of both Westchester and WSLIC. These entities include ACE Westchester Specialty Group, ACE USA, and ACE U.S. Holdings, Inc., ACE Limited, and ACE.
CASELAW
Houdini 19.0 Nodes TOP nodes Labs File Cache Filter 1.0 TOP node Partition work items used for file caching On this page Overview This node is mostly used as a basic building block for TOP Labs File Cache node, and used to filter work items on different cache types. Cache Types This node differentiates between two distinctive cache types based on frame and range top attributes: • Time Independent / Static Geometry / Model To...Do this To create a Time Independent work item 1. Create a Range Generate node. 2. Set all three components of the Value Range parameter to 1. This will set both the frame and the range attribute on the work item to 1. • Time Dependent / Geometry Sequence To...Do this To create a Time Dependent work item 1. Create a Range Generate node. 2. Make sure the first and second values of Value Range parameter are not the same. This will give you multiple work items with the same range, but each with different frame number. Additionally, each of these cache types can be wedged, in which case top wedge attributes such as wedgeindex, wedgenum, wedgetotal, wedgecount must exist on the work items. Parameters Filtering Filter Mode Sets how to filter work items for the output. Split Items Splits the work items between the left and the right output, based on if they are filtered or not. Create Attribute Do not split the work items, but insted only an attribute, called filter, that can be used later to process work items. Use only the first output of the node in this case. Filter Non Selected Reverses the selection of the filtered work items. Filter Subframes Removes any subframes, frames that are not landing on integer values, from the Time Dependent work items. Time Independent Filter Time Independet Filter work items that are static. Time Independent work items have their frame and range attribute values are all set to 1. Time Dependent Filter Time Dependent Filter work items that are in a sequence. Time Dependent work items have a range attribute that is not set to 1 for all components, and for each work item in the sequence has a different frame number. Filter by Selects the frames in the sequence to filter. All Frames All the frames are selected. Single Frame The current frame is selected. Frame Range Frames in the given range will be selected. When working with substeps, make sure the 3rd component of the Frame Range parameter is set to the right substep, otherwise some work items might not be selected. Specific Frames Sets the wedge values by a list of independent range sequences or numbers. The listings can be separated by whitespace, commas and semi-colons. Use the syntax min-max:stepsize, which expands to values between min and max, separated by stepsize. When stepsize is not provided, the default value of 1 is used. Override Frame When Filter by is set to Single Frame and the checkbox to the left is on, cache this explicit frame number instead of the current frame from the timeline. Frame Range Sets the minimum and maximum valus with the range, along with the stepsize. List of Frames Sets the frame values by a list of independent range sequences or numbers. The listings can be separated by whitespace, commas and semi-colons. Use the syntax min-max:stepsize, which expands to values between min and max, separated by stepsize. When stepsize is not provided, the default value of 1 is used. Value List Expanded Values 5 5.0 3;5 7 3.0, 5.0, 7.0 1-3 1.0, 2.0, 3.0 0-1:0.25 0.0, 0.25, 0.5, 0.75, 1.0 0-1:0.25 5; 8-12:2 0.0, 0.25, 0.5, 0.75, 1.0, 5.0, 8.0, 10.0, 12.0 Wedges Filter by Wedge Filter work items that has wedge attributes present (wedgeindex, wedgenum, wedgetotal, wedgecount). Filter by Selects the wedges to filter. All Wedges Select all existing wedges. Single Wedge Select a single wedge (given by Single Wedge). Custom Range Wedges in the given range will be selected. Specific Wedges Sets the wedge values by a list of independent range sequences or numbers. Use the syntax min-max:stepsize, which expands to values between min and max, separated by stepsize. When stepsize is not provided, the default value of 1 is used. In case of wedging, the wedge numbers are always integer values, so stepsize should not be used. Single Wedge Sets the wedge number to select Wedge Range Sets the minimum and maximum range of the selected wedge values. List of Wedges Sets the wedge values by a list of independent range sequences or numbers. The listings can be separated by whitespace, commas and semi-colons. Use the syntax min-max:stepsize, which expands to values between min and max, separated by stepsize. When stepsize is not provided, the default value of 1 is used. In case of wedging, the wedge numbers are always integer values, so stepsize should not be used. Value List Expanded Values 5 5.0 3;5 7 3.0, 5.0, 7.0 1-3 1.0, 2.0, 3.0 0-1:0.25 0.0, 0.25, 0.5, 0.75, 1.0 0-1:0.25 5; 8-12:2 0.0, 0.25, 0.5, 0.75, 1.0, 5.0, 8.0, 10.0, 12.0 See also TOP nodes
ESSENTIALAI-STEM
-- Hong Kong Proposes Class Actions After Investor Concerns Hong Kong , where the securities regulator this month proposed introducing civil liability for banks working on initial share sale prospectuses, may also allow class-action lawsuits to help investors seek damages. The city’s Law Reform Commission today recommended legislation to allow a group with a common complaint to sue through a representative. The new regime initially will apply to product liability and consumer fraud cases and not to purchasers of securities, the commission said. Hong Kong currently allows multiparty proceedings under rules the city’s then-chief justice Andrew Li criticized as restrictive and inadequate in 2004. Losing parties must pay all or part of their opponent’s legal fees under Hong Kong law, a deterrent for individual investors seeking damages. As a result, litigation risk for bankers and companies selling shares in Hong Kong has been relatively low to date, according to Jeff Maddox, a lawyer who had advised on capital raising in Hong Kong, New York and Singapore stock exchanges. “There’s less than a three percent chance of getting sued after a listing here compared to a 20 to 25 percent chance in the U.S.,” said Maddox, a Hong Kong-based partner at Cadwalader, Wickersham & Taft LLP, citing industry statistics. Allowing class actions was recommended by a sub-committee of the law commission in 2009 following losses by thousands of investors on notes guaranteed by failed Lehman Brothers Holdings Inc. Criminal Liability The need for class actions “most typically arises where a large number of persons have been adversely affected by another’s conduct, but each person’s loss is too small” to make individual litigation viable, the commission said today. Its final recommendation comes two weeks after the Securities and Futures Commission, Hong Kong’s market regulator, proposed extending criminal and civil liability laws to initial share sale arrangers who sign off on misleading or inaccurate prospectuses. The SFC said tighter laws are needed to protect investors after finding substandard work by investment banks arranging IPOs. In one case, it alleges that Chinese fabric-maker Hontex International Holdings Co. misled investors in its listings prospectus in 2009. Buyers of products sold by consumer banks or brokerages will be allowed to seek permission to sue as a class under the proposed new regime, the law commission’s Anthony Neoh said today. Not Like Facebook Their lawsuits can be financed by the city’s Consumer Legal Action Fund , with a general government fund recommended when other types of group suits are allowed. Contingency fees and other forms of litigation funding aren’t recommended by the commission, and the type of lawsuits around the Facebook Inc. IPO won’t be covered by the proposed regime initially, he said. Neoh said the proposals would have to be acted on by the government and declined to speculate on when class actions would actually be allowed or on when they would be extended to cover shareholders of publicly-listed companies. “Legislation has to be drafted and introduced,” he said. Civil liability will have a positive influence on the behavior of market participants, SFC Chief Executive Officer Ashley Alder said May 22. That said, the current litigation system can be “off-putting -- in part because of expense,” he said. There have been no investor lawsuits against Citic Pacific Ltd. (267) , which plunged after it announced a potential $2 billion loss on wrong-way bets in 2008, six weeks after directors first learned of the information. Too Complex Three retirees tried to pursue the steelmaker and property developer’s former chairman in the small claims tribunal, where parties represent themselves, to avoid the potential legal costs involved in a trial. The case was dismissed on the grounds that it was too complex for the tribunal. “If Hong Kong were to allow class actions, the risk of facing potential shareholder class-action lawsuits might well be a powerful driver for a change in mindset and behavior in the market,” said Tim Mak, a Hong Kong-based financial services regulatory lawyer at Herbert Smith LLP. “Some might argue that a class-action system would encourage higher standards of corporate governance and listed- company management behavior,” he said. “Over and above any potential criminal responsibility, the possibility of being on the receiving end of a class action lawsuit would be an additional risk that market participants would need to take seriously,” Mak said. Stock Market Boom This year there have been at least six disputes between accounting firms and mainland Chinese companies, including Boshiwa International Holding Ltd. (1698) , a Shanghai-based Harry Potter apparel licensee whose auditor resigned in March due to disagreements over financial information. Hong Kong, which Britain returned to Chinese rule in 1997, has benefited as $159 billion of IPOs by companies from the mainland in the past decade swelled the value of its stock market. First-time sales peaked at $58 billion in 2010 before declining by more than half last year, data compiled by Bloomberg show. The SFC’s aim with its recent proposals on IPO sponsors is to encourage vigilance not to put bankers in prison, according to Alder. Gareth Hughes, a Hong Kong-based disputes lawyer at Ashurst LLP said that a group lawsuit regime has been long-awaited and is welcomed. “That said, the devil is in the detail, not least given the mixed results in other jurisdictions and the scope for abusive claims,” he said. “It may well be some time before such a regime is in place.” To contact the reporter on this story: Debra Mao in Hong Kong at dmao5@bloomberg.net To contact the editor responsible for this story: Douglas Wong at dwong19@bloomberg.net
NEWS-MULTISOURCE
Talk:St Mary's Church, Llanfair Mathafarn Eithaf/GA1 GA Review The edit link for this section can be used to add comments to the review.'' Reviewer: DustFormsWords (talk) 00:46, 24 February 2011 (UTC) Hi there, I'm back to have another go at another of Bencherlite's church articles! I will start by adding a framework listing the GA criteria, and then assess against each criteria. In all but the best and worst articles I expect to find at least minor ways that the article should be improved prior to getting the tick. It may take me anywhere from a couple of hours to several days to complete the initial review, depending on RL commitments. Each criterion will be marked with a red cross until I have assessed that the article meets or exceeds the criterion, at which time the cross will be changed to a green tick. When the initial review is complete I will let the nominator know via a message on his or her talk page. Thank you for your patience. : * (a) ; [[Image:Green tick.svg|16px]] * The prose quality is excellent and spelling and grammar are correct. I have one suggested improvement (below) but addressing it is not required to meet the GA criteria. * (Not required for GA) - "one bell dated 1849" - Do you mean that the bell has been dated to 1849, or that the date 1849 is stamped on the bell? * (b) ; [[Image:Green tick.svg|16px]] * This article complies with the manuals of style for lead sections, layout and words to watch. * The manuals of style for lists and fiction do not apply to this article. : * (a) ; [[Image:Green tick.svg|16px]] * All sources appear in a dedicated and appropriately described section. * (b) ; [[Image:Green tick.svg|16px]] * All content appears to be attributed to reliable sources through inline citations. * (c) . [[Image:Green tick.svg|16px]] * There is no evidence of original research in this article. : * (a) ; [[Image:Green tick.svg|16 px]] * The article covers all topics expected of an article of this kind. I am not aware of relevant information covered by reliable sources which this article does not touch on. * (b) . [[Image:Green tick.svg|16px]] * The article does not go into inappropriate detail. . * The article covers an uncontroversial topic, and I am unaware of any relevant viewpoints which are not mentioned in the article. . * The article does not change swiftly and does not appear to be the subject of any unresolved dispute. : * (a) ; [[Image:Green tick.svg|16px]] * All images currently in the article are appropriately tagged and captioned. * (b) . [[Image:Green tick.svg|16px]] * Resolved - Criterion 6 requires that "the article is illustrated, if possible, by images". It does not require that there must be images, but it does require that if appropriately licensed images are readily available that they should be included. Can you assure me that you have performed good faith searches for a usable image of the church, and been unsuccessful? (If so there will be no problem changing this to a tick.) Overview - An excellent article; it passes all GA criteria on the first try. I will accordingly promote the article to GA status. - DustFormsWords (talk) 01:34, 25 February 2011 (UTC) Responses * Images - see the pre-emptive comment on the talk page. In short, of course I've looked! BencherliteTalk 18:54, 24 February 2011 (UTC) * I missed that. Thanks! Will tick for that then. - DustFormsWords (talk) 01:25, 25 February 2011 (UTC)
WIKI
FINA, INC., f/k/a American Petrofina, Inc. and Fina Oil and Chemical Company, f/k/a American Petrofina Company of Texas v. ARCO, BP Oil Company, and Sohio Pipeline Company. Civil Action No. 1:96CV393. United States District Court, E.D. Texas, Beaumont Division. July 30, 1998. Elizabeth Ellen Mack, Frederick W. Addison, III, Locke Purnell Rain Harrell, Dallas, TX, for Fina Inc. fVa American Petrofina Inc. and Fina Oil & Chemical Co. f/k/a American Petrofina Co. of Texas. Gilbert Irvine Low, D. Allan Jones, Orgain Bell & Tucker, Beaumont, TX, for ARCO. John Rolfe Eldridge, Rudy Alan England, Bradley I. Raffle, Hutcheson & Grundy, Houston, TX, John Rolfe Eldridge, Jeffrey C. Hembree, Haynes and Boone LLP, Houston, TX, for BP Oil Company and Sohio Pipe Line Co. MEMORANDUM OPINION HEARTFIELD, District Judge. Pending before the court are motions to dismiss and for summary judgment filed by plaintiffs and defendants. This memorandum opinion addresses the issues raised in all of the pending motions before the court, specifically: (1) the indemnity agreements between plaintiff and defendants and those between the defendants, (2) choice of law and interpretation of the standard under which liability is to be addressed, and (3) accrual of a CERCLA cause of action. Factual Background and Procedural History During the 1920’s, ARCO constructed a refinery facility in Port Arthur, Texas. In 1968 the facility was sold by ARCO to BP and Sohio. In May 1973, BP Oil Company entered into an Agreement for Sale of Assets with Fina, Inc. under the terms of which BP sold the refinery facility to Fina. The agreement expressly provided that it is binding upon the parties and their respective successors and assigns, thus the agreement is, binding upon Fina Oil and Chemical Company as Fina’s successor in interest. The 1973 agreement contained an indemnity clause that is at the heart of this case— whether or not CERCLA liability attaches to conduct that occurred prior to the sale of the facility; when the cause of action “accrued;” and whether the cause of action for recovery can be brought more than 20 years later, despite the express language of the indemnity agreement. Interestingly, the prior agreement between BP and ARCO contained virtually identical indemnity language, which raises the issue of “circuitous indemnity obligations.” ARCO and BP have stipulated that BP is the successor in interest to ARCO, and that any obligation to Indemnify ARCO belongs to BP, pursuant to the agreement between BP and ARCO. Fina contends that in 1990, almost 17 years after the purchase of the facility, it conducted an environmental site assessment and discovered areas in the facility where hazardous wastes were generated, treated, stored, or disposed of, causing Fina to incur response costs under CERCLA and to perform certain corrective actions and further investigations. Fina contends that the hazardous conditions were generated during the respective ownerships of ARCO, BP, and Sohio. The defendants contend that liability for the hazardous conditions, if any, is nullified by the indemnity agreements in the contracts for sale, specifically as between ARCO and BP, and later between BP and Fina. Defendants further contend that plaintiff knew or should have known of the waste management practices of the refinery, and of the areas of the refinery which plaintiff claims to have later discovered were hazardous waste areas at the time that the refinery facility was purchased, or at the very latest, at least nine years prior to bringing this lawsuit. Fina seeks to recover costs of environmental clean-up under state and federal law, and brings this cause of action under several statutes, including: the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); the Resource Conservation Recovery Act (RCRA); the Texas Solid Waste Act (TSWDA); and the Texas Water Code (TWC). Summary Judgment Standard Summary judgment is to be granted where “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(e). “The mere existence of a factual dispute does not by itself preclude the granting of a summary judgment. ‘[T]he requirement is that there be no genuine issue of material fact.’” St. Amant v. Benoit, 806 F.2d 1294, 1296 (5th Cir.1987) (quoting Anderson v. Liberty Lobby, 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). A factual dispute is “material” if “its resolution in favor of one party might affect the outcome of the lawsuit under governing law.” Texas Manufactured Hous. Ass’n. Inc. v. City of Nederland, 101 F.3d 1095, 1099 (5th Cir.1996), cert. denied, — U.S., -, 117 S.Ct. 2497, 138 L.Ed.2d 1003 (1997). “There is no genuine issue of material fact if the evidence is such that, drawing all reasonable inferences in favor of the nonmovant ... a reasonable jury could not return a verdict in his favor.” Atkinson v. Denton Pub. Co., 84 F.3d 144, 148 (5th Cir.1996). The movant carries, the burden of showing that there is no genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). “After the movant has presented a properly supported motion for summary judgment, the burden shifts to the nomnov-ing party to show with ‘significant probative evidence’ that there exists a genuine issue of material fact.” Texas Manufactured Housing Ass’n, supra at 1099 (quoting Conkling v. Turner, 18 F.3d 1285, 1295 (5th Cir.1994)). Discussion 1. Indemnity Agreements a. In General and in the CERCLA Context Defendants argue that the following portion of the 1973 sales agreement between BP, Sohio (SPL) and American Petrofina, precludes Fina from recovering clean-up costs: Fina shall indemnify, defend and hold harmless BP and SPL against all claims, actions, demands, losses or liabilities arising from the use or the operation of the Assets or arising under or relating to any lease, contract, license or other agreement assigned to or assumed by Fina or a subsidiary of Fina and accruing from and after closing. According to defendants, Fina’s claims come within this language because the statutes under which they arise, CERCLA, RCRA, TSWDA and TWC, were all enacted subsequent to the consummation of the 1973 sales agreement. This contention rests on the belief that the term “accrue,” the root of “accruing,” refers to the time when a legal right comes into existence. Fina responds that “accrue” means “completion] of the factual predicates or actions leading to subsequent liability.” Under this reading, the misconduct for which Fina seeks remuneration, having occurred before 1973, may be a target of a cost recovery action. Defendants seem willing, at least for the sake of their argument for summary judgment, to make two concessions. First, they accept that pre-enactment conduct is covered by the CERCLA, RCRA, TSWDA and TWC provisions under which Fina sues. Second, they stipulate that they qualify as successor corporations, as that concept is understood in the CERCLA context. See United States v. Lang, 864 F.Supp. 610, 612-13 (E.D.Tex.1994) (CERCLA ease). They implicitly assume that CERCLA’s successor liability rule extends to claims brought under the RCRA, TSWDA and TWC. While CERCLA does not permit the avoidance of liability vis-a-vis the government, CERCLA specifically recognizes the enforceability of indemnification agreements which allocate environmental liability among responsible parties. A party may also contract to indemnify another for environmental liability even though CERCLA was not in existence at the time of contracting. Joslyn Manufacturing Co. v. Koppers Company, Inc., 40 F.3d 750 (5th Cir.1994), citing Kerr-McGee Chem. Corp. v. Lefton Iron & Metal Co., 14 F.3d 321, 327 (7th Cir.1994). In Joslyn, the Fifth Circuit held that the broad language of the indemnification agreement evinced a strong intent by the parties for indemnification for all liability arising in connection with the occupancy or use of the contracted for property. Joslyn, at 754. The indemnification agreement was intended to cover all forms of liability, including liability arising under CERCLA, even though environmental liability under CERCLA was not specifically contemplated at the time of contracting. Id. at 754-55. b. Express Negligence and Express Strict Liability The “express negligence” and “express strict liability” doctrines are inapplicable to the indemnity provisions in both the ARCO/BP indemnity provision and the BP/ Fina indemnity provision. The “express negligence” rule states that contract provisions purporting to indemnify the indemnitee against its own negligence are enforceable, so long as the intent is expressed in specific terms within the contract’s four corners Ethyl Corp. v. Daniel Constr., 725 S.W.2d 705 (Tex.1987). This rule has been extended to indemnification clauses purporting to indemnify the indemnitee against its own strict liability. Houston Lighting and Power Co. v. Atchison, Topeka, & Santa Fe R.R. Co., 890 S.W.2d 455 (Tex.1994). This rule is applied to ensure that indemnitors do not become liable for unexpected liabilities. This doctrine is inapplicable in this case because it is generally applied only in cases where the parties enter into an indemnity agreement which attempts to relieve a party of it liability in advance for future actions. Dresser Industries, Inc. v. Page Petroleum Inc., 853 S.W.2d 505, 507 (Tex.1993) (emphasis added). In Dresser, the court applied the “fair notice requirement” to indemnity agreements and releases only when such exculpatory agreements were utilized to relieve a party of liability for its own negligence in advance. Id. at 508 (emphasis added). Two years later, the Texas Supreme Court emphasized that the holding in Dresser was explicitly limited to releases and indemnity clauses in which one party exculpates itself from its own future negligence. Green Int’l Inc. v. Solis, 951 S.W.2d 384, 387 (Tex.1996). In this case, the indemnity provisions did not purport to apply to future acts, but divided the liability between the parties as of the date of closing — the defendants to be responsible for liability accruing before closing and plaintiff being responsible for that which accrued after closing. The parties clearly established a “bright line” for the transfer of all rights, duties, and obligations, including liabilities. The indemnity agreements were provisions of sales agreements, which were carefully drafted by sophisticated businessmen, international oil companies, and corporate attorneys. The parties were familiar with the custom and practices of the industry and bargained for and agreed to the terms of the indemnity provisions. Experience of the parties is a factor to be considered in determining whether exculpatory provisions should be enforced. Green, supra at 387. In this context, the intent of the parties is clear, and application of express negligence and express strict liability doctrines would serve to invalidate the intent of the parties. 2. Choice-of-Law a. As Affecting Indemnity Agreements A party can agree to indemnify another for liability based on activity occurring prior to enactment of CERCLA. See Joslyn, supra. It can do so through a contract that “is either specific enough to include CERCLA liability or general enough to include any and all environmental liability which would, naturally, include subsequent CERCLA claims.” Aluminum Co. of Am. v. Beazer E., Inc., 124 F.3d 551, 565 (3d Cir.1997). State law resolves disputes over whether or not a contract’s indemnification provision evinces either characteristic, unless its application conflicts with CERCLA or one of its objectives. See Fisher Dev. Co. v. Boise Cascade Corp., 37 F.3d 104, 108-09 (3d Cir.1994). The choice-of-law rules of the state in which suit has been brought establish which state’s law governs. See Landry v. A-Able Bonding, Inc., 75 F.3d 200, 205 n. 7 (5th Cir.1996). If the applicable state law fails to resolve the interpretive issue at hand, then the court must, as prescribed by Erie Railway, predict how the state’s supreme court would rule. See Federal Dep. Ins. Corp. v. Abraham, 137 F.3d 264, 268 (5th Cir.1998). The court must base its forecast on (1) lower state court decisions, (2) dicta by the state’s supreme court, (3) the general rule on the question, (4) the rulings of courts of other states to which the state’s courts look when formulating substantive law, and (5) other available sources, such as legal commentaries. Absent evidence to the contrary, it presumes that the state’s supreme court would adopt the prevailing rule if called upon to do so. See Jackson v. Johns-Manville Sales Corp., 781 F.2d 394, 397-98 (5th Cir.) (en banc), cert. denied, 478 U.S. 1022, 106 S.Ct. 3339, 92 L.Ed.2d 743 (1986). Texas’ choice-of-law rules determine under which state’s law structures analysis of the sales contract. See Landry, supra. In Texas, the law of the state with the most significant relationship to the particular substantive issue is applied, except in those contract cases in which the parties have agreed to a valid choice-of-law clause. See Duncan v. Cessna Aircraft Co., 665 S.W.2d 414, 421 (Tex.1984). A choice-of-law clause is valid “unless (1) the contract bears no reasonable relation to the chosen state or (2) the law of the chosen state violates a fundamental public policy of Texas.” Exxon Corp. v. Burglin, 4 F.3d 1294, 1298 (5th Cir.1993) (citing DeSantis v. Wackenhut Corp., 793 S.W.2d 670, 677 (Tex.1990), cert. denied, 498 U.S. 1048, 111 S.Ct. 755, 112 L.Ed.2d 775 (1991)). “In analyzing whether a fundamental policy is offended ..., the focus is on whether the law in question is part of state policy so fundamental that the courts of the state will refuse to enforce an agreement contrary to that law, despite the parties’ original intentions, and even though the agreement would be enforceable in another state connected with the transaction.” DeSantis, 793 S.W.2d at 680. “[Application of the law of another state is not contrary to fundamental policy of the forum merely because it leads to a different result than would obtain under the forum’s law.” Id. The 1973 sales agreement between BP and Fina calls for it to be “construed and governed under the laws of the State of Delaware.” If this choice-of-law provision satisfies Texas’ test for validity, then Delaware law governs disposition of the dispute between the BP defendants and Fina. If it fails to do so, then Texas law applies and the analysis of the contract mirrors that of the earlier sales agreement between BP, SPL and ARCO. Delaware courts interpret contracts as a whole. Gertrude L.Q. v. Stephen P.Q., 466 A.2d 1213, 1217 (Del.1983). All provisions are given effect, and a construction rendering any provision illusory or meaningless is avoided. See Seabreak Homeowners Ass’n, Inc. v. Gresser, 517 A.2d 263, 268 (Del.Ch.1986), aff'd, 538 A.2d 1113 (Del.1988); see also Sonitrol Holding Co. v. Marceau Investissements, 607 A.2d 1177, 1184 (Del.1992) (“The cardinal rule of contract construction is that, where possible, a court should give effect to all contract provisions.”). In other words, the court must “consider the entire instrument and attempt to reconcile all of its provisions ‘in order to determine the meaning intended to be given to any portion of it.’” Wood v. Coastal States Gas Corp., 401 A.2d 932, 937 (Del.1979). Delaware courts assign contractual language its plain and ordinary meaning. Gertrude L.Q., 466 A.2d at 1217. Unless a contract evinces ambiguity, its plain meaning controls. See Eagle Indus., Inc. v. De Vilbiss Health Care, Inc., 702 A.2d 1228, 1232 (Del.1997). In this situation, “extrinsic evidence may not be used to interpret the intent of the parties, to vary the terms of the parties, or to create ambiguity.” Id. However, “[t]here may be occasions were it is appropriate for the ... court to consider some undisputed background facts to place the contractual provision in its historical setting without violating this principle.” Id. n. 7 A contract evinces ambiguity “only when the provisions in controversy are reasonably or fairly susceptible of different interpretations or may have two or more different meanings.” Rhone-Poulenc v. American Motorists, Inc., 616 A.2d 1192, 1196 (Del.1992). Ambiguity fails to pervade “where the court can determine the meaning of a contract ‘without any other guide than a knowledge of the simple facts on which, from the nature of language in general, its meaning depends.’ ” Id. A court must refrain from “tortur[ing] contractual terms to impart ambiguity where ordinary meaning leaves no room for uncertainty. The true test is not what the parties to the contract intended it to mean, but what a reasonable person in the position of the parties would have thought it to mean.” Id. The parol evidence rule governs reliance on extrinsic evidence to discern an ambiguous contract’s meaning. See Pellaton v. Bank of N.Y., 592 A.2d 473, 478 (Del.1991); see also Citadel Holding Corp. v. Roven, 603 A.2d 818, 822 (Del.1992) (“Only when there are ambiguities may a court look to collateral circumstances.”). Under that principle of contract law, “relevant extrinsic evidence is that which reveals the parties’ intent at the time they entered into the contract.” Eagle Indus., 702 A.2d at 1233 n. 10. So “backward-looking evidence gathered after the time of contracting is not usually helpful.” Id. Application of Delaware law sustains the BP defendants’ interpretation of the Fina indemnity provision. The Fina indemnity provision’s unambiguous terms are broad enough to encompass CERCLA claims against BP and its successors. b. As Affecting Liability Under CERCLA Fina maintains that the BP defendants may receive no recovery because the indemnity provision fails to satisfy the clear and unequivocal rule, which Delaware follows. The rule enables a party to secure indemnification for its own negligence only via “crystal clear and unequivocal” contractual language (clear and unequivocal rule). See State v. Interstate Amiesite Corp., 297 A.2d 41, 44 (Del.1972). Fina posits that the rule should extend to misconduct for which a party is strictly hable, such as that covered by CERCLA. Compare Resp at 13-14 with In re Bell Petroleum Servs., Inc., 3 F.3d 889, 897 (5th Cir.1993). This, argument proves unavailing, even if the clear and unequivocal rule reaches the strict liability context. Although Delaware courts have never expressly done so, they would recognize the clear and unequivocal rule as limited to future acts, given the apparently wide recognition of such a temporal constraint. Compare 41 Am.Jur.2d Indemnity § 8 (1995 & Supp.1997) (“a contract may validly provide for the indemnification of one against, or relieve him from liability for, his own future actions of negligence as long as the indemnity against the results of the negligence is unequivocally clear in the contract”) and 57A Am.Jur. Negligence § 51 (1989 & Supp.1997) (“it is now the prevailing rule that a contract may validly provide for the indemnification of one against, or relieve him from liability for, his own future acts of negligence, provided the indemnity against such negligence is made unequivally clear in the contract”) with Johns-Manville, 781 F.2d at 397-98. This limitation of the clear and unequivocal rule to prospective activity results in BP’s operation of the plant, prior to the closing of the 1973 sales agreement, falling outside of the rule’s reach. 3. Accrual of Cause of Action under CERCLA The BP defendants’ conception of “$ccrue” comports with that term’s plain, ordinary meaning: “to come into existence as an enforceable claim,” Webster’s New Third International Dictionary 13 (1967) [hereinafter Webster’s] (def.l); accord Random House Unabridged Dictionary 13 (2d ed.1993) [hereinafter Random House ] (“to become a present and enforceable right or demand”), see also Black’s Law Dictionary 20-21 (6th ed.1990) [hereinafter Black’s ] (“to arise, to happen, to come into force or existence; to vest ... ”) (“A cause of action ‘accrues’ when a suit may be maintained thereon....”). This circumstance establishes the Fina indemnity provision as placing on Fina responsibility for indemnifying BP for “all” future claims. Causes of action under CERCLA qualify as future claims because CERCLA was enacted in 1980, see United States v. Bestfoods, - U.S. -, -, 118 S.Ct. 1876, 1881-82, 141 L.Ed.2d 43, No. 97-454, 1998 WL 292076, at *3 (1998), after the 1973 sales agreement between BP and Fina was executed. See FMC Corp. v. Northern Pump Co., 668 F.Supp. 1285, 1292 (D.Minn.1987), appeal dismissed, 871 F.2d 1091 (8th Cir.1988). Fina contends that the BP defendants’ reading of “accrue” renders meaningless the indemnity provision in the 1973 sales agreement. Further, Fina contends that the provision, as BP defines “accrued” imposes liability on BP for “all contamination.” This argument lacks merit. The BP indemnity provision obligates BP to indemnify Fina for claims that the law (either common or statutory) recognized as viable before the closing of the 1973 sales agreement. Indeed, Fina’s negligence claim against the BP defendants illustrates this duty. See infra n. 9; cf. BP Defs.’ Reply Fina’s Resp. BP’s Mot.Summ.J. at 7 (“if a third party, e.g., an employee or customer of the Refinery, sued Fina based upon a cause of action that accrued prior to closing of the Agreement, e.g., a personal injury or breach of contract claim, BP would be required to indemnify Fina.”). Fina argues that “accrued” evinces ambiguity because of the parties’ disagreement over the word’s meaning. This circumstance, it contends, permits consideration of facts establishing the correctness of its interpretation of the 1973 sales agreement. The mere dispute between the parties over the definition of “accrue” fails to create ambiguity. The unambiguous language of the Fina indemnity provision, indeed, settles that word’s meaning. See Rhone-Poulenc, 616 A.2d at 1196. As such, no resort to parol evidence, which is what Fina offers to bolster its position, may occur. See Citadel Holding, 603 A.2d at 823. Fina’s conception of “accrue,” unlike that of the BP defendants, clashes with the imperative to give effect to all contract provisions. Its construes “acerue” as synonymous with “accrued,” see Resp. at 16 (citing North Shore Gas Co. v. Salomon, Inc., 963 F.Supp. 694, 701 n. 4 (N.D.Ill.1997)) (discussing phrase “accrued or existing”), which means, among other things, “occurred,” Black’s, supra. That reading makes the provision of the 1973 sales agreement, in which BP promises to indemnify Fina, meaningless. If “accrue,” as Fina sees it, refers to all conduct by BP prior to the closing in 1973, regardless of legal actionability at that time, then the- modifying phrase “prior to Closing and arising from the use or operation of the Assets” becomes unnecessary. See Sea-break, 517 A.2d at 268. Likewise, Fina’s conception of “accrue” makes the Fina indemnity provision redundant. Applying its interpretation to that section, Fina would only indemnify BP for claims based on conduct by BP “from and after closing.” But once closing occurs, BP no longer owns the plant; it cannot “use or operat[e] ... the” plant nor be a party “to any lease, contract, license or other agreement assigned to or assumed by Fina or a subsidiary of Fina.” Consequently, BP can never engage in activity subject to a claim that Fina must indemnify. This reading of the Fina indemnity provision simply restates what the BP indemnity provision explicitly and affirmatively declares: BP will assume legal responsibility for all claims based on its activity while plant owner. A claim accrues when the holder of that claim has a right to file suit to protect his interest or to recover damages. A party cannot protect an interest it does not have; thus, a claim relating to real property cannot accrue until the claim holder owns the property and has an interest to protect. See Ferguson v. Johnston, 320 S.W.2d 906, 911 (Tex.Civ.App.-Texarkana 1959, writ ref'd n.r.e.); Hensley v. Conway, 29 S.W.2d 416 (Tex.Civ.App.—Eastland 1930, no writ). In this case, Fins is asserting claims for contribution, which could not have accrued until the underlying demands were made against Fina — many years after the refinery facility was sold to Fina by B.P. Additionally, a cause of action cannot accrue before the statute authorizing the cause of action is enacted. See Levin Metals Corp. v. Parr-Richmond Terminal Co., 817 F.2d 1448 (9th Cir.1987). Both ownership of the property and the passage of the statute authorizing recovery occurred long after closing — the “bright line” which defined and directed the course of liability. The unambiguous language of the Fina indemnity provision requires Fina to indemnify the BP defendants for CERCLA and other claims, and likewise the indemnity provision between BP and ARCO require the indemnity to pass through to ARCO as well. Conclusion The indemnity agreements are valid, and limit liability of the BP defendants to those actions which accrued prior to the closing of sale in 1973. BP agreed to indemnify its predecessor in interest, ARCO; therefore, the indemnity becomes a circuitous obligation and passes through from Fina to BP and finally to ARCO. See footnote 5, supra. Plaintiffs cause of action did not accrue until at least the passage of CERCLA. Even though the parties did not contemplate CERCLA in 1973, the shifting of liabilities through the indemnity agreement is valid and enforceable, whether under Delaware or Texas law, even in the environmental cleanup context of CERCLA actions. There being no genuine issues of material fact as related to this Memorandum Opinion, defendants . are entitled to judgment as a matter of law. An order and final judgment shall be entered in accordance with this Memorandum Opinion. ORDER ON MEMORANDUM OPINION The Defendant’s motions for summary judgment (Docs. 55, 56, and 80) are GRANTED. All other motions not previously ruled on, or specifically ruled on by this judgment, are hereby DENIED. The court will enter a separate final judgment in accordance with the Memorandum Opinion and order. . The following motions are pending before the court as of the date of this Memorandum Opinion: (1) Plaintiff's Motion for Summary Judgment on the Issue of CERCLA Liability (Doc 78 and 79); (2) Defendant ARCO’s Motion for Summary Judgment as to cross-claim against BP (Doc 56); (3) Defendant BP and Sohio’s Motion for Summary Judgment (Doc 55 and 80) and joinder in the motion by defendant ARCO (Doc 82); (4) Defendant BP and Sohio's Partial Motion to Dismiss (Doc 52 and 73); and (5) Defendant ARCO’s Partial Motion to Dismiss (Doc 53 and 74). . The court does not address the issues of statute of limitations and CERCLA liability, raised by the parties in their various motions and briefs. There are factual issues in dispute as to whether, or when, any removal or remedial actions occurred and what activities on the part of plaintiff constitutes removal or remedial actions as they impart limitations questions. Likewise there are factual issues in dispute as to whether a "release” occurred at the facility, one of the elements required to attach liability for a CERCLA claim. . Although the maps and plats attached to the contract identify separate pieces or units that constituted the facility, it was sold as a whole, not as separate units of production. . At the time of the BP/Fina sale in 1973, Fina's predecessor, American Petrofina, Inc. conveyed the facility to Amdel, Inc. and Amdel Pipeline, Inc. Then, in 1977 the Amdel companies conveyed the plant to the predecessor of Fina Oil and Chemical Company, American Petrofina Company of Texas. . Such obligations have been held to extinguish plaintiff's cause of action. See, e.g., Starcraft Co. v. C.J. Heck Co. of Texas, Inc., 748 F.2d 982, 989 (5th Cir.1984), citing Phillips Pipe Line Co. v. McKown, 580 S.W.2d 435, 440 (Tex.Civ.App.—Tyler 1979, writ ref'd n.r.e.); Panhandle Gravel Co. v. Wilson, 248 S.W.2d 779, 785 (Tex.Civ.App.—Amarillo 1952, no writ). . Stipulation filed of record June 9, 1997. . Defendants refer to the attachments to the contract for sale, which included various maps and plats of the refinery facility, one of which depicted the areas in question as "sludge basins.” At least two Fina employees testified by deposition that these areas were known as waste or sludge dumps dating back to at least 1955, and particularly in the 1970's after Fina purchased the facility. Defendants also refer to letters sent in 1989 by Fina's Senior Attorney, Jim Veach, to an in-house attorney for BP which specifically referred to the alleged contamination at the refinery facility and Fina's reports to the Texas Water Commission relating to the contamination Fina had discovered. . See U.S. v. Olin Corp., 107 F.3d 1506, 1511-15 (11th Cir.1997) (discussing CERCLA); Wagner Seed Co. v. Bush, 946 F.2d 918, 929 n. 4 (D.C.Cir.1991) (discussing CERCLA and SARA), cert. denied, 503 U.S. 970, 112 S.Ct. 1584, 118 L.Ed.2d 304 (1992); Tanglewood E. Homeowners v. Charles-Thomas, Inc., 849 F.2d 1568, 1575-76 (5th Cir.1988) (discussing 42 U.S.C. § 6972(1)(B) (RCRA)); Hicks v. Humble Oil and Refining Co., 970 S.W.2d 90, 93-94 (Tex.App.—Houston [14th Dist.] May 14, 1998, n.w.h.) (slip opinion) (negligence per se claim against party for polluting land before Texas Water Code was enacted fails because Texas Water Code only applies prospectively). Compare Tex Health & Safety Code Ann. §§ 361.344-.345 (West 1992 & Supp.1998) (TSWDA cost recovery provisions) with Hicks, 970 S.W.2d 90, 93-94 (presumption of pros-pectivity attaches to Texas statutes). . The indemnification agreements in Joslyn were quite lengthy and specific as to certain types of occurrences; however, much of the language is identical to the agreement at issue in this case. .Other jurisdictions have adopted the express negligence doctrine or its equivalent. See, e.g., Inland Oil and Transport Co. v. City of Mount Vernon, 624 F.Supp. 122, 126 (S.D.Ind.1985) (parties may lawfully bind themselves to indemnity against future acts of negligence, whether it be the negligence of the indemnitor or the in-demnitee, if they have an express contract); Industrial Risk Insurers v. International Design & Mfg., Inc., 884 S.W.2d 432, 434 (Mo.Ct.App.1994) (under Missouri law, parties may contract to indemnify for future acts if the contracts clearly indicates); Olsen v. Breeze, Inc., 48 Cal.App.4th 608, 622, 55 Cal.Rptr.2d 818 (Cal.Ct.App.1996) (under California law, in order to exculpate a tortfeasor from future liability, a release must be clear, unambiguous, and explicit). . The BP defendants imply that their argument, while rooted in CERCLA caselaw, should reach claims brought under the RCRA, TSWDa and TWC. . Erie Railway v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938). . The choice-of-law provision may possess validity. First, it bears a reasonable relation if BP and SPL were Delaware corporations. (The BP defendants are Delaware corporations.) See Stuart v. Spademan, 772 F.2d 1185, 1195 (5th Cir.1985) ("The domicile of a party may well provide sufficient connection with the transaction under Texas law, even in the absence of other contacts, to validate an express choice of the domicile's law.”); State Nat'l Bank v. Academia, Inc., 802 S.W.2d 282, 290 (Tex.App.—Corpus Christi 1990, writ denied) (residency of plaintiff one circumstance showing reasonable relationship between the contract and chosen state). Second, nothing suggests that the relevant Delaware law contravenes any fundamental policy of Texas. See Pis.' Resp. BP Defs.’ Mot. Summ.J. at 9 & nn. 11, 20. Compare Tex. Health & Safety Code Ann. § 361.002 (West 1992 & Supp. 1998) with Del.Code Ann Conservation §§ 6301, 6401, 7901 (1997). Compare infra nn. 4-6, 8, 10 with Union Carbide Corp. v. Thiokol Corp., 890 F.Supp. 1035, 1046-47 (S.D.Ga.1994) and Maxus Exploration Corp. v. Moran Bros., Inc., 817 S.W.2d 50, 56-57 (Tex.1991). . Delaware courts refer to the dictionary to define the plain, ordinary meaning of a contractual term or phrase. See Northwestern Nat’l Ins. Co. v. Esmark, Inc., 672 A.2d 41, 44 (Del.1996); Vitalink Pharm. Servs., Inc. v. Grancare, Inc., No. 15744, 1997 WL 458494 (Del.Ch. Aug. 7, 1997), cf. Fisher v. Novak, Civ. A. No. 88C-MY-21, 1990 WL 82159, at *3 (Del.Super. June 11, 1990) (differing, plausible dictionary meanings establish existence of ambiguous language), aff'd, 599 A.2d 414 (Del.1991). . Delaware's parol evidence rule, as a substantive legal principle, must be applied. See Jack H. Brown & Co. v. Toys "R" Us, Inc., 906 F.2d 169, 173 (5th Cir.1990) and Conway v. Chemical Leaman Tank Lines, Inc., 540 F.2d 837, 839 (5th Cir.1976) (quoting 9 Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure § 2405 (1971)). . The Texas Supreme Court has rejected the clear and unequivocal rule in favor of the express negligence rule. See Ethyl Corp., supra at 708. The express negligence rule is "a more rigorous standard." Clark C. Johnson, Collapsing the Legal Impediments to Indemnification, 69 Ind.L.J. 867, 888 (1994). Under it, “the parties seeking to indemnify the indemnitee from the consequences of its own negligence must express that intent in specific terms ... within the four corners of the contract." Ethyl. The clear and unequivocal rule, in contrast, requires no explicit statement of an intention to indemnify the in-demnitee against his or her own negligence. See Downey v. Sanders, No. Civ. A. 93C-02-005, 1996 WL 190775, at *2 (Del.Super. Mar. 22, 1996) (citing Rock v. Delaware Elec. Cooperative, Inc., 328 A.2d 449, 454 (Del.Super.1974) ("While the intention to indemnify against the results of the indemnitees’ negligence must be clear, it need not be expressed in so many words.”)); James v. Getty Oil Co. (E.Operations), 472 A.2d 33, 37 (Del.Super.1983); see also Kreider v. F. Schumacher Co., 816 F.Supp. 957, 962 (D.Del.1993). . No Delaware case involving the clear and unequivocal rule has concerned anything other than future (i.e., post-contract) conduct by the indemnitee. . The Texas Supreme Court has restricted the express negligence rule to future activity. See Dresser Indus., Inc. v. Page Petroleum, Inc., 853 S.W.2d 505, 507 (Tex.1993). . The clear and unequivocal rule acquires no relevance as to BP's conduct before closing because it promised to indemnify Fina for all claims based on conduct accruing prior to that time, which would include those for negligence. See W. Page Keeton, Prosser and Keeton on Torts § 28 (5th ed.1984) ("negligence took shape as a separate tort during the earlier part of the nineteenth century”). .Texas, like Delaware, ascribes to the principle that a difference-of-opinion between litigants does not spawn ambiguity. See Columbia Gas Transmission, 940 S.W.2d at 589. . The significance the extrinsic facts identified by Fina follows from Fina’s understanding of "accrue”- — -that BP must fend for itself as to all claims based on its operation of the plant. Under the BP defendants’ interpretation of the Fina indemnity provision, with which the court agrees, the mere fact that BP chose to defend itself in other litigation is uninformative without evidence of the types of claims it faced.
CASELAW
Siege of Constantinople (1235) The siege of Constantinople (1235) was a joint Bulgarian–Nicaean siege on the capital of the Latin Empire. Latin emperor John of Brienne was besieged by the Nicaean emperor John III Doukas Vatatzes and Tsar Ivan Asen II of Bulgaria. Prelude After Robert of Courtenay died in 1228, a new regency under John of Brienne was set up. After the disastrous Epirote defeat by the Bulgarians at the Battle of Klokotnitsa, the Epirote threat to the Latin Empire was removed, only to be replaced by Nicaea, which started acquiring territories in Greece. Emperor John III Doukas Vatatzes of Nicaea concluded an alliance with Bulgaria, which in 1235 resulted in a joint campaign against the Latin Empire. The siege In 1235, Angelo Sanudo, the second Duke of the Archipelago, sent a naval squadron for the defense of Constantinople, where the Emperor John of Brienne was being besieged by John III Doukas Vatatzes, Emperor of Nicaea, and Ivan Asen II of Bulgaria. The joint Bulgarian-Nicaean siege was unsuccessful. The allies retreated in the autumn because of the incoming winter. Ivan Asen II and Vatatzes agreed to continue the siege in the next year, but the Bulgarian Emperor later refused to send troops. With the death of John of Brienne in 1237, the Bulgarians broke the treaty with Vatatzes because of the prospect that Ivan Asen II could become a regent of the Latin Empire. Aftermath By 1247, the Nicaeans had effectively surrounded Constantinople, with only the city's strong walls holding them at bay, and the Battle of Pelagonia in 1258 signaled the beginning of the end of Latin predominance in Greece. Thus, on July 25, 1261, with most of the Latin troops away on campaign, the Nicaean general Alexios Strategopoulos found an unguarded entrance to the city, and entered it with his troops, restoring the Byzantine Empire for his master, Michael VIII Palaiologos.
WIKI
Page:McCosh, John - Advice to Officers in India (1856).djvu/137 every one to follow it. The natives, when inclined,are the most expert thieves in the world; to remove the contents of the bed-room in which the master is sleeping is considered an easy matter, to steal the sword from his side,or the revolver from under his pillow requires but the dexterity of a journeyman, and an accomplished artist will succeed in stealing the very bed clothes from under him, leaving the chill of the night to apprise him of his loss. The uniform of officers of Native Infantry is almost the same as that of H. M.service,the chief distinction being in the button and the red stripe of the trouser. That of the medical officers was formerly the same as other officers of the regiment, but of late a fixed uniform has been assigned the service,the same in all branches, a great improvement upon the old system, which imposed a new uniform upon every change of regiment, and a great extra expense. Still there is something wanting in the dress of medical officers to identify them in action;but of this anon. 8. IMPORTANCE OF MEDICAL OFFICERS.—To a right thinking man, few positions in life are more serious or more responsible than that of a medical officer in charge of an out station, with the lives of two or three thousand individuals entrusted to his care, where he may, at any moment, be called to attend cases of imminent danger without time
WIKI
High Sheriff of Nottinghamshire This is a list of the High Sheriffs of the English county of Nottinghamshire. The High Sheriff is the oldest secular office under the Crown. Formerly the High Sheriff was the principal law enforcement officer in the county but over the centuries most of the responsibilities associated with the post have been transferred elsewhere or are now defunct, so its functions are now largely ceremonial. The High Sheriff changes every March. From 1068 until 1567, the position existed as High Sheriff of Nottinghamshire, Derbyshire and the Royal Forests. From 1568 separate appointments were made for the High Sheriff of Nottinghamshire and for the High Sheriff of Derbyshire. 16th century * For Sheriffs prior to 1568 see High Sheriff of Nottinghamshire, Derbyshire and the Royal Forests * 1567: Sir Anthony Strelley * 1568: Thomas Cowper * 1569: John Byron * 1570: John Nevill * 1571: Robert Markham * 1572: Sir Gervase Clifton (4th term) * 1573: William Holles of Haughton * 1574: Sir Thomas Stanhope of Shelford * 1575: Henry Pierrepont of Holme Pierrepont * 1576: George Chaworth of Wiverton * 1577: Thomas Markham of Ollerton * 1578: John Biron of Newstead Abbey * 1579: Sir Francis Willoughby of Wollaton Hall (1st term) * 1580: George Nevill * 1581: William Sutton of Arundel * 1582: Francis Molyneux of Teversal Manor * 1583: Robert Markham * 1584: Brian Lassels * 1585: John Sydenham * 1586: George Chaworth * 1587: Sir Thomas Stanhope of Shelford * 1588: Sir Francis Willoughby of Wollaton Hall (2nd term) * 1589: John Byron * 1590: Thomas Thornhough * 1591: John Holles, 1st Earl of Clare of Haughton * 1592: John Basset * 1593: Sir Francis Willoughby of Wollaton Hall (3rd term) * 1594: William Sutton * 1595: Richard Whalley of Kirton and Screveton * 1596: John Biron of Newstead Abbey * 1597: John Thorold * 1598: Henry Chaworth * 1599: Brian Lassels 17th century • 1600: Edward North • 1601: Henry Pierrepont of Holme Pierrepont, Notts. • 1602: Roger Ascough • 1603: William Rayner • 1604: Gabriel Armstrong • 1605: William Sutton • 1606: William Cowper • 1607: John Thornhagh • 1608: Henry Sacheverell of Rockley • 1609: John Molyneux of Teversal Manor • 1610: Sir Gervase Clifton, 1st Baronet of Clifton Hall, Nottingham • 1611: Sir John Molyneux Bt of Teversal Manor • 1612: John Byron • 1613: Sir George Parkins of Bunny Hall • 1614: Robert Williamson of East Markham • 1615: Robert Pierrepont, 1st Earl of Kingston-upon-Hull • 1616: George Lassels • 1617: Sir John Thornhagh of Fenton Hall • 1618: Thomas Barton • 1619: William Reason • 1620: Thomas Hutchinson of Owthorpe and Nottingham • 1621: Sir John White, Knt. of Tuxford. • 1622: John Digby • 1623: Sir Matthew Palmer of Southwell • 1624: Edward Golding and Geoffrey Markham • 1625: Timothy Pusey • 1626: Francis Williamson • 1627: Sir Thomas Hewet of Shireoaks Hall • 1628: Gervase Tovery • 1629: Thomas Perkins • 1630: Robert Sutton • 1631: Thomas White • 1632: Thomas Rolles • 1633: Robert Mellish of Ragnall • 1634: John Byron, 1st Baron Byron of Rochdale • 1635: Sir Hardolph Wasteneys, 1st Baronet of Hendon • 1636: George Lassels • 1637: Francis Thornhagh of Fenton Hall • 1638: George Chaworth, 1st Viscount Chaworth of Armagh (died in office and replaced by son John) • 1639: Thomas Williamson • 1640: Gilbert and Edward Nevill • 1642: Sir John Digby • 1643: Francis Thornhagh • 1645: Gabriel Armstrong • 1646: Richard (or Nicholas) Hacker of Flyntham • 1647: Henry Sacheverell • 1648: Francis Molyneux • 1649: William Clarkson • 1650: Robert Reynes • 1651: William Childers • 1652: Bryan Broughton • 10 November 1653: Symon Bennett • 21 November 1653: Sir Hardolph Wasteneys, 2nd Baronet • 23 November 1653: Sir William Hickman, 2nd Baronet • 1654: John Musters • 1655: William Willoughby • 1657: Hon Anchitell Grey of Risley • 1658–Feb 1660: John Hutchinson • 1659: John Ragner • 1660: Sir Francis Leke, 1st Baronet • 1661: Francis Molyneux of Mansfield • 1662: Roland Sandes • 1663: Humphrey Monoux • 1664: Acton Burnell • 12 November 1665: John White, of Cotgrave • 7 November 1666: George Gregory • 6 November 1667: Thomas Charleton • 6 November 1668: Gervais Pigott • 11 November 1669: Sir Francis Rodes, 3rd Baronet • 24 November 1669: Thomas Lewes • 4 November 1670: Sir Francis Rodes, 3rd Baronet • 9 November 1671: Thomas Perkins • 11 November 1672: Richard Lloyd • 12 November 1673: John Hacker of Flintham • 5 November 1674: Edward (or John) Finney of Skegby • 15 November 1675: William Pinkney • 10 November 1676: Richard Slater of Nuthall • 15 November 1677: Henry Plumtree • 14 November 1678: John Linley, of Skegby • 13 November 1679: Arthur Warren • 4 November 1680: Charles Lacock • 1682: Lancelot Rolleston of Watnall Hall • 1683: Francis Sandys • 1684: Sir Matthew Jenison of Newark • 1685: John Digby • 1686: Thomas Hewitt replaced by Edmund Nicholson • 1687: Darcy Molyneux of Mansfield • 1688: George Willoughby • 1689: John Dand • 18 March 1689: Sir Thomas Parkyns, 2nd Baronet • 18 November 1689: Richard Taylor of Wallingwells Hall • 27 November 1690: Sir Nathaniel Curzon, 2nd Baronet • 14 December 1691: William Brownlow, of Marlam • 21 December 1691: Edward Mellish of Blyth Hall • 17 November 1692: William Simpson • 30 November 1693: Thomas Newdigate • December? 1693: George Gregory of Lenton • 6 December 1694: John Clerkson • 5 December 1695: Sir Thomas Willoughby, 1st Baronet of Wollaton Hall • 17 December 1696: Gervase Eyre • 16 December 1697: Timothy Ellis • 6 January 1699: Robert Porter 18th century • 1700: Richard Brunt replaced by Robert Hacker • 1701: John Harbord • 1702: William Burnett • 1703: Samuel Brant • 1704: Borlase Warren of Stapleford • 1705: Patrick Chaworth • 1706: Mundy Musters of Colwick Hall • 1707: Sir George Savile, 7th Baronet of Rufford Abbey • 1708: William Levinz of Grove Hall and Bilby, Notts. • 1709: Richard Edge • 1710: John Simpson of Babworth Hall • 1711: Jonathan Acklam • 1712: John Molyneux of Terversal Manor • 1713: Francis Lewis of Stanford Hall, Nottinghamshire • 1714: George Sharp • 1715: John Collins • 1716: Julius Hutchinson • 1717: Joseph Mellish of Blyth • 1718: Isaac Knight • 1719: Lyonel Copley • 1720: William Hallowes • 1721: John Sherwin • 1722: John Emerton • 1722: John Grundy • 1723: James Bancks • 1724: John Shaw of Brinley upon the Hill • 1725: George Langford • 1726: Beilby Thomson • 1727: Richard Browne of Gulthorpe • 1728: Anthony Eyre • 1729: Samuel Peak • 1730: William Shipman • 1731: John Nevill • 1732: John Neal • 1733: John Disney of Lincoln • 1734: Thomas Porter • 1735: Thomas Lister • 1736: Acton Burnell of Winckborne replaced by William Burnell • 1737: William Challand • 1738: Joseph Clay of Nottingham • 1739: John Gilbert Cooper of Thurgarton • 1740: John Storey the younger • 1741: Thomas Langford • 1742: William Cartwright of Sutton • 1743: Lancelot Rolleston • 1744: Richard Browne of Gunthorpe • 1745: Henry Donstan of Worksop • 1746: Johen Thornhaugh • 1747: Sir Charles Molyneux, 5th Baronet of Teversal Manor • 1748: Thomas Stowe • 1749: William Chaworth of Aunsley • 1750: William Westcombe of Thrumpton • 1751: John Borlase Warren • 1752: Darcy Burnell of Winkbourn • 1753: Mundy Musters of Colwick Hall • 1754: Jonathan Acklom of Wiseton • 1755: Sir Thomas Parkyns, Bt of Bunny • 1756: Robert Sutton of Retford • 1757: John Hall of Mansfield Woodhouse • 1758: Sir George Smith, 1st Baronet of East Stoke • 1759: John Whetham of Kirklington • 1760: Ralph Edge of Strelley • 1761: Sir Samuel Gordon, 1st Baronet of Newark-upon-Trent • 1762: John Newton • 1763: David Gash of Balderton • 1764: Charles Mellish of Ragnall • 1765: William Ellis of Thornton • 1766: John Bell of Colston Bassett • 1767: Sir Gervase Clifton, 6th Baronet, of Clifton Hall, Nottingham • 1768: John Bell of Colton Bassett • 1769: Robert Foster of Newark • 1770: Urban Hall of Mansfield Woodhouse • 1771: George Dunston of Worksop • 1772: George Neville of Thorney • 1773: John Emmerton Wescomb Emmerton of Thrumpton • 1774: Joseph Pocklington of Carlton-upon-Trent • 1775: Cornelius Launder • 1776: Abel Smith the Younger of Bulcote • 1777: John Musters of Colwick Hall • 1778: William Bilbie of Berry Hill • 1779: William Denison of Ossington • 1780: Charles Vere Dashwood of Stanford Hall • 1781: Lancelot Rolleston of Watnall • 1782: John Litchfield of Mansfield • 1783: John Gilbert Cooper of Thurgaton • 1784: Pendock Neal • 1785: Sherbrooke Lowe, of Southwell • 1786: Anthony Hartshorne of Hayton • 1787: Thomas Waterhouse of Beckenham • 1788: Richard Stenton of Southwell • 1789: John Chamberlin, of Sutton Bonington • 1790: George Chaworth of Annesley • 1791: George de Ligne Gregory of Harlaxton • 1792: Edward Thornton Gould • 1793: Richard Lumley-Saunderson, 6th Earl of Scarbrough of Rufford Abbey • 1794: Hon. John Simpson of Babworth Hall • 1795: Jonas Bettison of Holme-Pierrepont • 1796: John Wright of Nottingham, later of Lenton Hall • 1797: John Gally Knight • 1798: Nathaniel Stubbins of Holme Pierrepont • 1799: Samuel Bristowe 19th century • 5 February 1800: William Gregory Williams, of Rempstone • 11 February 1801: Wiliam Elliott Elliott, of Nottingham • 3 February 1802: Robert Lowe, of Oxton • 3 February 1803: William Coape Sherbrooke, of Oxton • 1 February 1804: Thomas Webb Edge, of Strelley • 6 February 1805: Christopher Rolleston, of Watnall • 1 February 1806: Sir Thomas White, 1st Baronet, of Wallingwells • 4 February 1807: John Longden, of Bramcote Hills • 3 February 1808: John Manners Sutton, of Kelham Hall • 6 February 1809: Thomas Walker, of Bury Hill • 21 February 1810: John Chaworth, of Annesley Hall • 14 February 1811: Thomas Wright, of Norwood Park • 24 January 1812: Hugh Blaydes, of Ranby Hall • 10 February 1813: John Need, of Shirewood Hall • 4 February 1814: William Fletcher Norton Norton, of Elton • 13 February 1815: John Smith Wright, of Wilford • 1816: Robert Howe Bromley, 3rd Baronet • 1817: Thomas Blackborne Hildyard of Flintham • 1818: Henry Walker of Blyth • 1819: Henry Gally Knight of Firbeck Hall • 1820: Sir Robert Clifton, 7th Baronet of Clifton Hall, Nottingham • 1821: Thomas Wildman of Newstead Abbey • 1822: William Farnworth Handley, of Newark-on-Trent • 1823: William Mason of East Retford • 1824: William Charlton of Chilwell • 1825: Gregory Gregory of Rempstone • 1826: George Saville Foljambe of Osberton • 1827: Frederick Robinson of Widmerpool • 1828: John E. Wescombe of Thrumpton • 1829: John Sherwin Sherwin of Bramcote Hills • 1830: John Coke, of Mansfield Woodhouse • 1831: Thomas Moore, of Ruddington • 1832: Henry Machin, of Gateford Hill • 1833: Sir Thomas White, 2nd Baronet, of Wallingwells Hall • 1834: Slingsby Duncombe, of Langford Hall • 1835: Christopher Nevile, of Thorney • 1836: John Handley, of Muskham Grange • 1837: Robert Ramsden, of Carlton in Lindrick • 1838: Thomas Webb Edge, of Strelley • 1839: John Evelyn Denison, of Ossington Hall • 1840: Sir Juckes Granville Juckes-Clifton, 8th Baronet, of Clifton Hall, Nottingham • 1841: Henry Smith, of Wilford • 1842: Francis Wright, of Lenton Hall • 1843: Thomas Dickinson Hall, of Whatton • 1844: Charles Paget, of Ruddington Grange • 1845: William Hodgson Barrow, of Southwell • 1846: Francis Hall, of Park Hall • 1847: John Vere, of Carlton-upon-Trent • 1848: John Henry Manners-Sutton, of Kelham Hall, replaced by Robert Holden, of Nuttall Temple • 1849: Granville Harcourt-Vernon, of Grove • 1850: Rt. Hon. Edward Strutt, of Kingston Hall • 1851: John Francklin, of Gonalston • 1852: Henry Frederick Walker, of Blyth Hall • 1853: Thomas Spragging Godfrey of Balderton • 1854: Samuel Bagnall Wild of Costock • 1855: Henry Bridgeman Simpson of Babworth • 1856: Samuel William Welfitt of Langwith Hall • 1857: Richard Milward of Thurgarton Priory • 1858: Jonathan Hardcastle of Blidworth Dale • 1859: Henry Porter Sherbrooke of Oxton • 1860: Edward Valentine Pegge Burnell of Winkburn Hall • 1861: Henry Savile of Rufford Abbey • 1862: Thomas Blackborne Thoroton Hildyard, of Flintham House • 1863: John Henry Manners-Sutton, of Kelham Hall • 1864: John Chaworth Musters of Annesley Hall • 1865: William Frederick Webb of Newstead Abbey • 1866: Sir Edward Samuel Walker of Berry Hill • 1867: Sir John Sutton, 3rd Baronet of Norwood Park • 1868: John Bagshaw Taylor of Radcliffe-upon-Trent • 1869: John Handley of Newark-upon-Trent • 1870: James Thomas Edge of Strelley • 1871: James Thorpe of Coddington • 1872: George William Mason of Morton Hall, near Retford • 1873: Henry Eyre of Rampton • 1874: Robert Kelham of Bleasby • 1875: Henry Robert Clifton of Clifton • 1876: John Elliott Burnside of Gedling • 1877: Lancelot Rolleston of Watnall • 1878: Robert Laycock of Wiseton • 1879: Thomas Broughton Charlton of Chilwell • 1880: William Henry Coape Gates, of Langford Hall • 1881: George Coke Robertson, of Widmerpool • 1882: Sir Henry Bromley, 4th Baronet, of East Stoke • 1883: Percy Hartshorne Cooper, of Bulwell • 1884: Frederick Chatfield Smith of Bramcote • 1885: Robert Millington Knowles, of Colston Bassett, • 1886: Henry Abel Smith, of Wilford • 1887: Benjamin Huntsman, of West Retford • 1888: Frederick Platt of Barnby • 1889: Francis Foljambe, of Osberton • 1890: Sir Charles Seely, 1st Baronet • 1891: Lewis Randle Starkey of Norwood Park • 1892: Sir Thomas Birkin, 1st Baronet • 1893: Benjamin Ingham Whitaker, of Hesley Hall • 1894: Edward Evelyn Harcourt-Vernon, of the Grove Hall • 1895: William Evelyn Denison, of Ossington Hall • 1896: William Hollies, of Pleasley Vale, Mansfield • 1897: Philo Laos Mills, of Ruddington Hall • 1898: Sir George Ernest Paget, 1st Baronet, of Sutton Bonington • 1899: William Welfit Hall of Park Hall, Mansfield 20th century • 1900: Francis Abel Smith of Papplewick Hall, Nottingham • 1901: John Robinson of Worksop Manor • 1902: John Patricius Chaworth-Musters of Annesley Park • 1903: Albert Cantrell Cantrell-Hubbersty of Tollerton Hall • 1904: Thomas Lewis Kekewich Edge of Strelley Hall • 1905: Francis Ley of Epperstone Manor (later Sir Francis Ley) • 1906: Joseph Frederick Laycock of Wiseton Hall, Bawtry • 1907: Thomas Philip Barber of Lamb Close House, Eastwood • 1908: Francis Willey, 1st Baron Barnby of Blyth Hall, Rotherham • 1909: Sir Hugo Meynell FitzHerbert, 6th Baronet of Tissington Hall, Ashbourne, Derbyshire • 1910: Thomas Craven of Kirklington Hall, Southwell • 1911: Francis Hall of Park Hall, Mansfield • 1912: Sir Charles Seely, 2nd Baronet of Wingerworth Hall, Chesterfield • 1913: William Norton Hicking of Brackenhurst Hall, Southwell • 1914: Evelyn Kyrle Smith of Oxton Hall, Southwell • 1915: Sir Thomas Birkin, 2nd Baronet of Park House, Nottingham • 1916: Major Charles Richard Tennant of St. Ann's Manor, Sutton Bonington • 1917: Francis Newman Ellis of Debdale Hall, Mansfield • 1918: William Henry Mason of Morton Hall, East Retford • 1919: Francis Pegler, of Ordsall Hall, Retford • 1920: John Plowright Houston of Park Hall, Mansfield Woodhouse • 1921: Lieut.-Col. Albert Edward Whitaker of Babworth Hall, Retford • 1922: Lieut.-Col. Frank Evelyn Seely of Ramsdale Park, Arnold. • 1923: Charles Arthur Longbottom of Forest Hill, Worksop • 1924: Sir Arthur Ernest Blake of West Leake Manor • 1925: Hugh Seely, 1st Baron Sherwood of Sherwood Lodge, Arnold • 1926: Col. Sir Albert Edward Bingham, 2nd Baronet of Ranby House, Retford • 1927: Stanley Bourne, of Epperstone Manor • 1928: Sir Ernest Jardine, 1st Baronet of The Park, Nottingham • 1929: Percy Robert Clifton of Clifton Hall, Nottingham • 1930: Brigadier-General Sir Edward Thomas Le Marchant, 4th Baronet of Colston Bassett Hall, Bingham, Nottingham • 1931: Philip Austen Birkin • 1932: John Jardine, of Clumber Crescent South, The Park, Nottingham • 1933: Sir Harold Bowden, 2nd Baronet • 1934: Sir Louis Frederick Pearson of Lenton Grove, Nottingham • 1935: Lieut.-Col. Noel Gervis Pearson of Bramcote, Nottingham • 1936: Col. John Neville Chaworth Musters of Annesley Park, Nottingham • 1937: Claude William Chadburn of The Hall, Papplewick • 1938: Frank Burton of Orston Hall, Nottingham • 1939: Frank James Wriothesley Seely of Brick House, Radcliffe-on-Trent • 1940: Francis Egerton Pegler of Forest Lodge, Blyth, Worksop • 1941: Lieut.-Col. Sidney Shephard of Elston Hall, Newark • 1942: Job Nightingale Derbyshire of Rempstone Hall, near Loughborough • 1943: John Farr of Worksop Manor • 1944: Lieut-Col. William Allen Potter of Lambley House, Woodborough, Nottingham • 1945: John Holland Walker of 15, Park Valley, The Park, Nottingham • 1946: Captain William Frederick Player of The Grange, Staunton • 1947: Colonel Philip Huskinson Warwick of Normanton Prebend House, Southwell • 1948: Lieut.-Commander George John Mackness of Mapperley Park, Nottingham • 1949: George Hamilton Bracher Wilson of The Old Rectory, Plumtree • 1950: Major-General Sir John Albert Charles Whitaker, 2nd Baronet of Babworth Hall, Retford, Notts, and of Auchnafree, Dunkeld, Perthshire. • 1951: Major Edward Harold Spalding, of Flawborough Hall, near Newark. • 1952: Colonel Sir Joseph Nall of Hoveringham Hall • 1953: Captain Stephen Cecil Armitage of Hawksworth Manor • 1954: Major-General Robert Edward Laycock of Wiseton Hall, near Doncaster • 1955: Sir Stuart Coldwell Goodwin of Hexgreave Park, Farnsfield • 1956: Captain Richard Wing of The Old Manor House, East Bridgford • 1957: Lieut.-Colonel George Halliburton Foster Peel Vere-Laurie of Carlton Hall, Carlton-on-Trent, Newark • 1958: Rear-Admiral Robert St. Vincent Sherbrooke of Oxton, Newark • 1959: Sir Edward Dave Asher Herbert of West Leake Manor, near Loughborough • 1960: Lieut.-Colonel Thomas Eben Forman Hardy Car Colston Hall, Car Colston • 1961: Major Samuel John Markham Hole of Caunton Manor, Newark • 1962: Sir Charles James Buchanan, 4th Baronet • 1963: Colonel Patrick James Danvers McCraith of Cranfield House, Southwell • 1964: Sir William Barber, 2nd Baronet • 1965: Commander Mavourn Baldwin Philip Francklin of Gonalston Hall • 1966: George FitzRoy Seymour of Thrumpton Hall • 1967: Brigadier John Anstey of The Old House, Epperstone • 1968: Colonel Alfred Arthur Warburton of Wigthorpe House, near Worksop • 1969: Sir James Herbert Ingham Whitaker of Babworth Hall, Retford • 1970: Sir Paul Mason of Morton Hall, Retford • 1971: Lieut-Commander Sir Michael Joseph Nall of Hoveringham Hall, Nottingham • 1972: Bryan Henry Farr of Worksop Manor, Worksop • 1973: Anthony Christopher Multon Battiscombe Scott of Green Mile, Babworth, Retford. • 1974: Major-General Robert Gordon-Finlayson of South Collingham Manor, near Newark. • 1975: Captain John Stephen Dobson of Papplewick Lodge, Papplewick, near Mansfield. • 1976: Andrew George Buchanan of Hodsock Priory, Blyth, Worksop. • 1977: Charles Gordon Mackie of The Old Rectory, Elton. • 1978: Major Richard Francis Abel Smith of Blidworth Dale House, Ravenshead. • 1979: Christopher Gerald Pole-Carew of New Field House, near Screveton. • 1980: Richard William Durrant Hanson of Budby Castle, Newark. • 1981: Captain John Henry Warrand Hammer of Colston Bassett House, Colston Bassett. • 1982: Robin Brackenbury of Holme Pierrepont Hall, Holme Pierrepont • 1983: John Davenport Radford of The Burgage, Burgage Green, Southwell. • 1984: Colonel James Mayo Alastair Gunn of Epperstone House, Epperstone. • 1985: Nicholas John Forman Hardy of Cropwell Court, Cropwell Butler • 1986: Ian David Peel Thorne of Beauchamp Barn, Kneesall • 1987: Sir John Philip Starkey, 3rd Baronet of Norwood Park, Southwell. • 1988: John Edward Madocks of Middleton Crescent, Beeston • 1989: Richard Assheton Craven-Smith-Milnes of Winkburn Hall, Newark • 1990: Marcia Abel Smith of Blidworth Dale, Ravenshead • 1991: George Edward Vere-Laurie of Carlton Hall, Carlton-on-Trent, Newark. • 1992: Ian Hugh Phillipps of Grange Farm, Rempstone, Loughborough, Leicestershire. • 1993: Juliet Lilias Mortensen • 1994: Richard Bertram Godwin-Austen of Papplewick Hall, Papplewick. • 1995: George Edmund Peter Thornhill of The Grove, Winthorpe, Newark. • 1996: Trevor Forsyth Parr of The Old Rectory, Widmerpool. • 1997: Hugh Matheson of Thoresby Park, Newark. • 1998: Jennifer Margaret Fair, Lanesmeet, Epperstone. • 1999: Alexander Michael Nall, Hockerton Manor, Hockerton 21st century {{columns-list|colwidth=30em| * 2000: Barbara Ann Vere-Laurie, Carlton Hall, Carlton-on-Trent, near Newark. * 2001: Sir John James Ingham Whitaker, Babworth Hall, Retford. * 2002: Colonel Timothy Stewart Richmond, The Old Vicarage, Southwell Park, Kirklington. * 2003: William Henry Marcello Parente, of Welbeck Abbey * 2004: Henry Vessey Machin, of Keepers Castle, Gateford, Worksop * 2005: Anthony Harwick Wilkinson * 2006: Christopher Battiscombe-Scott * 2007: Commander Peter Russell Moore * 2008: Colonel Roger Merryweather * 2009: John Michael Rowen * 2010: Amanda Margaret Farr, of Kirklington * 2011: Sir John Peace, Manor Road, Caunton * 2012: C P Liell Francklin * 2013: Nicola June Weston of Shelford Nottingham * 2014: Graham S Cartledge of Caunton, Newark * 2015: Dr Jaswant Singh Bilkhu of Radcliffe-on-Trent, Nottingham * 2016: Judith Lynne Naake of Bramcote * 2017: Colonel David Rupert Sneath of Nottingham * 2018: Professor Nicholas Richard Brian Ebbs of Ravenhead, Nottingham * 2019: Jonathan James Teare of Oxton, Southwell * 2020: Professor Dame Elizabeth Harriet Fradd of Tollerton * 2021: Professor Harminder Singh Dua of Redhill * 2022: Paul David Southby of Ravenshead * 2023: Professor Veronica Moraa Pickering of Lambley, Nottinghamshire * 2024: Nicholas Rubins of The Park, Nottingham
WIKI
glutton for punishment Noun * 1) One who persists in an effort in spite of harmful or unpleasant results.
WIKI
• Status: Solved • Priority: Medium • Security: Public • Views: 965 • Last Modified: Get GEOMETRIC MEANS SQL Similar to GEOMEAN in excel, I am try ing to get the Mean using SQL2000 and SSRS.  Could somebody help me with this? 0 epicazo Asked: epicazo • 6 • 5 1 Solution   tigin44Commented: this will calculate the geometric mean in sql server 2000 declare @scores table (score int) insert into @scores values (5); insert into @scores values (7); insert into @scores values (55); insert into @scores values (6); insert into @scores values (3); declare @total float; declare @val float; declare @cnt int; declare @res float; set @total = 0.0; declare cscores cursor for select score from @scores open cscores fetch next from cscores into @val; while @@FETCH_STATUS = 0 begin select @total = @total + LOG(@val); fetch next from cscores into @val; end select @cnt = COUNT(*) from @scores; select @res = @total / (@cnt *1.0) select @cnt, @res, @total select EXP(@res) Open in new window 0   epicazoAuthor Commented: Sorry, Im so new to this... .So would I create a function?  using LOSD field below, how could I Calculate Means? This is the Length of Stay in Days, that I need to calculate Mean? LOSD 16 21 3 8 783 1 4 4 3 13 =avg(Fields!LOSD.Value) gives me 85.60, but I need Mean? The output will be in SSRS 0   tigin44Commented: A function like this should help you create function dbo.fnGetMedian () returns float as begin declare @total float; declare @val float; declare @cnt int; declare @res float; set @total = 0.0; declare cscores cursor for select losd from yourTable open cscores fetch next from cscores into @val; while @@FETCH_STATUS = 0 begin select @total = @total + LOG(@val); fetch next from cscores into @val; end select @cnt = COUNT(*) from @scores; select @res = @total / (@cnt *1.0) select @val = EXP(@res); return @val; end Open in new window 0 Train for your Pen Testing Engineer Certification Enroll today in this bundle of courses to gain experience in the logistics of pen testing, Linux fundamentals, vulnerability assessments, detecting live systems, and more! This series, valued at $3,000, is free for Premium members, Team Accounts, and Qualified Experts.   tigin44Commented: I missed to replace a point change line 22 as       select @cnt = COUNT(*) from yourTable; 0   epicazoAuthor Commented: Iam sorry, I am still lost.   Here is some actual data from my HPPATMFL table...   My report is grouped by unit... INTENSIVE CARE UNIT   RoomBd      Pt Name      Station      cc Admit DT      P5EFDT      LOSD 0412 A      XXX      ICU      2/1/2011      20110216      16 0412 B      XX      ICU      1/27/2011      20110216      21 0412 C      X      ICU      2/14/2011      20110216      3 0412 D      XXX      ICU      2/9/2011      20110216      8 0412 E      XX      ICU      12/26/2008      20110216      783 0412 F      X      ICU      2/16/2011      20110216      1 0412 G      XXXXXX      ICU      2/13/2011      20110216      4 0412 H      XXXXX      ICU      2/13/2011      20110216      4 0412 I      DOE, JANE      ICU      2/14/2011      20110216      3 0412 J      DOE, JOHN      ICU      2/4/2011      20110216      13                               85.60 AVERAGE                                                                                                            9.11 GEOMEAN LABOR & DELIVERY                                                                                                 RoomBd      Pt Name      Station      cc Admit DT      P5EFDT      LOSD              0312 A      DOE, JANE      L&D      2/16/2011      20110216      1                               1.00 AVERAGE                                                                                                          1.00 GEOMEAN 0   tigin44Commented: so modify the function as follows and use it like this select AVG(losd) as avarage,  dbo.fnGetMedian() as geomean from [INTENSIVE CARE UNIT] create function dbo.fnGetMedian () returns float as begin declare @total float; declare @val float; declare @cnt int; declare @res float; set @total = 0.0; declare cscores cursor for select losd from [INTENSIVE CARE UNIT]; open cscores fetch next from cscores into @val; while @@FETCH_STATUS = 0 begin select @total = @total + LOG(@val); fetch next from cscores into @val; end select @cnt = COUNT(*) from [INTENSIVE CARE UNIT]; select @res = @total / (@cnt *1.0) select @val = EXP(@res); return @val; end Open in new window 0   epicazoAuthor Commented: It's looking for object [INTENSIVE CARE UNIT] and I error out.... 0   epicazoAuthor Commented: is there a way to create a more universal function?   without having to , but more universal so when I get the mean it would be something like:   dbo.fnGetMedian(LOSD)     just a thought. 0   tigin44Commented: sure you can make the funtion to be more general by providing table name and column name as input and using dynamic sql sytax or you can change funtion to an sp for using dynamic sql. 0   epicazoAuthor Commented: Hello,  Could you show me an example?    I haven't worked on dynamic sql much.   Thanks! 0   epicazoAuthor Commented: I give you the points for trying. My solution: SELECT Exp(Sum(Log(sample))/Count(*)) AS GM FROM sample_table; 0 Question has a verified solution. Are you are experiencing a similar issue? Get a personalized answer when you ask a related question. Have a better answer? Share it in a comment. Join & Write a Comment Featured Post Free Tool: ZipGrep ZipGrep is a utility that can list and search zip (.war, .ear, .jar, etc) archives for text patterns, without the need to extract the archive's contents. One of a set of tools we're offering as a way to say thank you for being a part of the community. • 6 • 5 Tackle projects and never again get stuck behind a technical roadblock. Join Now
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Thursday, May 19, 2022 How does veganism affect periods and the menstrual cycle? Latest News A woman’s menstrual cycle can be affected by various factors, and diet is one of them. What is the impact of veganism on one’s periods? The menstrual cycle is the time from the first day of a woman’s period to the day before her next period. Girls typically start their periods around the age of twelve, but it can be from the age of ten upwards. The cycle is controlled by hormones and the rising levels of oestrogen, causing the ovary to develop and release an egg to be fertilised — this is called ovulation. At the same time, the womb lining also starts to thicken. The hormone progesterone aids the womb to prepare for the embryo to implant. However, if the egg has not been fertilised, it is reabsorbed into the body, hormone levels fall, and the womb lining sheds, leaving the body as a period. Many factors can determine cycle length, how much you bleed and even mood and what you eat is one of them. Dr Shirin Lakhani of Elite Aesthetics explains the many ways that veganism can affect your cycle. The impact of diets on the menstrual cycle “Eating a balanced, healthy and nutrient-rich diet is crucial to maintaining a regular menstrual cycle,” says Lakhani. “If you don’t eat enough or experience extreme weight loss, you can affect your menstrual cycle so much that your periods can stop.” She explains that diet plays a significant role because it affects the hormones, which impacts the menstrual cycle. The doctor explains that what you eat determines the number of healthy vitamins and minerals your body receives, which in turn affects all of the body’s functions. “Eating too much or too little can affect hormone levels, which in turn causes your menstrual cycle to be altered.” If you have been trying out a new diet or have not been eating well, you could notice an irregular period. A lack of specific vitamins and minerals can also make premenstrual syndrome (PMS) symptoms more severe due to the same hormones being affected. “For example, a lack of vitamin E can result in heavier periods and more stomach pains, whilst a lack of vitamin D has been linked to more painful cramps, headaches and acne.” While Lakhani says there is not much evidence to suggest that a diet consisting of animal products affects the menstrual cycle, it is worth looking at the bigger picture. “The fact that people who don’t eat meat products tend to have a lower body weight, which can affect the menstrual cycle,” says Lakhani.  “The fact that people who have an eating disorder are more likely to have followed a vegan diet in the past, usually as a way of restricting food intake. And of course, eating disorders can affect the menstrual cycle.” Does veganism have an impact on the menstrual cycle?“Whilst studies are inconclusive, some people believe that a vegan lifestyle has resulted in them experiencing lighter and less painful periods, as well as less severe PMS symptoms.” Are period products sustainable? Read our story on why they can be damaging to the environment. The challenges of veganism on periods Lakhani reveals that although, a well-planned vegan diet can be “extremely healthy”, people who do not eat meat products are at a greater risk of developing an iron deficiency, which could leave you tired and short of breath. Absence of the mineral can lead to anaemia, a condition where you lack healthy red blood cells to carry oxygen to your body’s tissues, which can make you feel week and fatigued. “A low blood iron level is the most common cause of anaemia in the world, especially amongst women,” says Lakhani. “During menstruation, women lose iron-rich blood each month, this coupled with a lack of iron from meat products can exacerbate anaemia further.” Iron is found in red meat, and while many plant-based foods do contain iron, it is not as easily absorbed. This is why Lakhani stresses on eating more iron-rich plant-based foods like dark leafy greens, beans, lentils, tofu, grains, dried fruits and nuts to help counter the lack of meat-based iron and reduce the risk of developing anaemia. veganism menstruationHow veganism affects PMS and moods PMS refers to the symptoms women experience during the weeks before their period. Symptoms include mood swings, feeling upset, anxious or irritable, exhaustion, insomnia, bloating, stomach pain, breast tenderness, headaches, spotty skin, greasy hair and changes in appetite and sex drive. Lakhani says that many vegans have reported a reduction in PMS symptoms and believes it could be due to the absence of dairy: “The protein found in cow’s milk is a significant source of inflammation. Inflammation is believed to be associated with more severe PMS symptoms, so a dairy-free diet could help reduce the physical PMS symptoms.” As mentioned, many women will experience mood changes before their periods start, and what you eat can affect how you feel. “Research suggests that vegetarians may be happier than meat-eaters, and they also had lower scores on depression tests and mood profiles than fish and meat-eaters. Many women who adopt plant-based diets have seen fewer mood swings during cycle days,” says Lakhani. Period flow and cycle length The average menstrual cycle length is 28 days, but this varies and could be between 21 to 40 days, which is normal; periods themselves last around two to seven days. “Many vegans have shorter periods than the average. This could be down to low iron levels or lower BMIs.” Women will roughly lose around six to eight teaspoons of blood during their periods, but that can also be up to 16 teaspoons. Whether the flow is light or heavy, it is considered as normal, but if periods are heavy, it could be due to problems like fibroids or endometriosis —but there isn’t always an underlying cause. However, a heavy flow can impact a woman’s everyday life, and many prefer a lighter flow. “Whilst I’m not aware of any studies to prove this, it’s believed that women who adopt a plant-based diet report a lighter flow during their period,” says Lakhani. “Eating the right foods as a vegan could help reduce the heaviness of your blood flow. For example, consuming more seeds and legumes that contain phytoestrogens are ideal for this.” Check out our Ultimate Guide to vegan and sustainable period products. How does veganism affect menopause? Menopause is when a woman stops having periods and will no longer be able to conceive naturally. It is a natural part of ageing and women and occurs between the ages of 45 and 55. And it is caused by the change in the balance of the body’s sex hormones. As women get older, their ovaries will gradually stop producing oestrogen and releasing an egg each month. With menopause come symptoms like hot flushes, night sweats, vaginal dryness, discomfort during sex, difficulty sleeping, low mood or anxiety, reduced sex drive (libido), and problems with memory and concentration. And they begin months or years before your last period and can last around four years or more. To reduce the impact of menopause, Lakhani says many specialists now believe that turning to a healthy diet is “the most important thing a woman can do”. “Choosing a low fat, high protein diet is imperative. Studies have shown that a low ratio of protein in the diet increases bone loss and risk of fracture in postmenopausal women, so it is vital for those choosing a vegan diet to incorporate as much protein as possible,” she says. “Postmenopausal women have higher rates of heart disease, partly due to the lack of oestrogen. A vegan diet reduces the likelihood of the build-up of plaques in the coronary arteries.” Lakhani adds that for women over fifty, it is believed that a vegan or vegetarian diet could make a difference in managing the symptoms and weight-gain related to menopause. Anam Alam Anam is a freelance writer for The Vegan Review and a student studying journalism. She is a passionate writer who possesses a range of skills ranging from audio, video, editorial and creative writing. Her goal is to educate the public and the world with stories that she feels need to be talked more about in society.
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Page:Gissing - The Nether World, vol. III, 1889.djvu/297 “I daresay Miss Snowdon will be easier in mind?” “I shouldn’t wonder. But she won’t say anything about it. She feels the disgrace so much, and I know it’s almost more than she can do to go to work, just because she thinks they talk about her.” “Oh, that’ll very soon pass over. There’s always something new happening, and people quickly forget a case like this.” Bessie withdrew, and her lodger addressed himself to his breakfast. He had occupied the rooms on the first floor for about a year and a half. Joseph Snowdon’s proposal to make him acquainted with Jane had not been carried out, Scawthorne deeming it impracticable; but when a year had gone by, and Scawthorne, as Joseph’s confidential correspondent, had still to report that Jane maintained herself in independence, he one day presented himself in Hanover Street, as a total stranger, and made inquiry about the rooms which a card told him were to let. His improved position allowed him to live somewhat more reputably than in the Chelsea lodging, and Hanover Street would suit him
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Željeznica (Bosna) The Željeznica (Жељезница) is a river in Bosnia and Herzegovina, which rises at the foot of the Treskavica Mountain. It has a number of rapids and whirlpools, including those of Turovi. Kazani is regarded the most attractive place in the canyon, where round hollows, "kettles", give the impression of boiling water. The kettles are about half to one meter deep and 0,30 to 0,70 cm wide in radius, and they are frequent in the riverbed. The Željeznica river is one of the chief geographic features of the western Sarajevo field (Sarajevo polje). It flows through the municipalities Trnovo and Istočna Ilidža from south and eventually meets up with the Mala Bosna river, a stretch of the Bosna between its source at Vrelo Bosne and Željeznica confluence, all near Ilidža, Sarajevo. The Željeznica and the Mala Bosna form the Bosna. The Željeznica river is the western boundary of Jahorina mountain. The archaeological site of Butmir is located on the right bank of the Željeznica river, relatively close to the source of the Bosna river. The terrace next to the Željeznica river was well suited to late Neolithic settlement. The Željeznica is possibly among the last remaining sanctuaries for huchen (Hucho hucho) in the Bosna river basin, the others being the Krivaja, the Fojnica, and possibly the Lašva. Small derivational hydroelectric power plant, HPP Bogatići, is built on the river, getting its water from the Lake Bogatići reservoir.
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A Bit About Dijkstra’s Correctness of Dijkstra’s Algorithm Statement: Dijkstra’s algorithm, run on a weighted, directed graph G = (V, E) with nonnegative weight function w and source s, terminates with u.d = 𝛿(s,u) for all vertices u ∈ V. Analyzing the Statement: Given: 1. G = (V, E) is a directed graph 2. G has nonnegative weight function w 3. Dijkstra’s algorithm runs on G with the source s. To prove: Dijkstra’s algorithm terminates with u.d = 𝛿(s,u) for all vertices u ∈ V. Proof We use the following loop invariant: At the start of each iteration of the while loop of lines 4–8, v.d = 𝛿(s,v) for each vertex v ∈ S Initialization Initially, S is empty and hence loop invariant trivially holds. Maintenance To prove: u.d = 𝛿(s,u) when each vertex u is being added to the set S. Note: Text given in gray like this is not a part of the proof, but given for your understanding alone – giving subtitle to each section of proof. 1. Assumption for Contradiction (Proof by contradiction) Assume that there are vertices which for which u.d ≠ 𝛿(s,u) when it is being added to the set S. W.l.o.g, let us assume that u is the first vertex with u.d ≠ 𝛿(s,u) added to S. 2. Splitting Cases Case 1: There is no path from ‘s’ to ‘u’ If there is no path from s to u, then by no path property, u.d = 𝛿(s,u) = ∞, which is a contradiction to our assumption that u.d ≠ 𝛿(s,u). Case 2: There is at least one path from ‘s’ to ‘u’ 3. First Claim Claim: u s. Proof of the claim: ‘s’ is the first vertex, and we already know that s.d = 𝛿(s, s) = 0. Hence the claim. 4. Decomposing shortest path Since there is at least one path from ‘s’ to ‘u’, there is a shortest-path, say ‘p’ from ‘s’ to ‘u’. Note all vertices in path ‘p’ need not lie in the set S. Let ‘y’ be the first vertex in path ‘p’ that is not in set S. Then the predecessor of ‘y’ in ‘p’ will be in S (since ‘y’ is the first vertex in path p not is S), we will, for convenience refer to it as ‘x’. Then we can decompose the path as Where p1 is the path from s to x and p2 is the path from y to u, Note that p1 or p2 may or may not have edges. 5. Second claim Claim 2: When u is being added to ‘s’, y.d = 𝛿(s, y) Proof of claim: Observe that since 1. x ∈ S 2. u is the first vertex with u.d ≠ 𝛿(s,u) added to S we had x.d = 𝛿(s, x) and while examining G.Adj[x], the edge (x, y) was relaxed at that time and hence the claim, i.e., y.d = 𝛿(s, y). 6. Third Claim Claim 3: u.d ≤ y.d Since u was selected to be included in S before y it follows that u.d ≤ y.d. 7. Fourth Claim Claim 4: y.d ≤ u.d y.d = 𝛿(s, y) (By Claim 2) 𝛿(s, u) (Since u comes after y in the shortest path) ≤ u.d (By the upper-bound property) 8. The contradiction Combining claims 3 and 4, we have u.d ≤ y.d ≤ 𝛿(s, y)𝛿(s, u) ≤ u.d. Thus, we can conclude that y.d = 𝛿(s, y) = 𝛿(s, u) = u.d. And that contradicts our choice of u. Hence we conclude that u.d = 𝛿(s, u) when ‘u’ is added and the loop invariant is maintained at all times. Termination At termination, Q = V – S = { }. That is, V = S. Hence, we can conclude that u.d = 𝛿(s, u) for every vertex u in V. Hence the proof. Pages: Contents<< Previous 8 Next Page>> Advertisement One Comment Add yours Leave a Reply Fill in your details below or click an icon to log in: WordPress.com Logo You are commenting using your WordPress.com account. Log Out /  Change ) Facebook photo You are commenting using your Facebook account. Log Out /  Change ) Connecting to %s This site uses Akismet to reduce spam. Learn how your comment data is processed.
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Confused About Vitamins And Minerals Basically? Learn This article! Each day multivitamins make a physique really feel good. There are many various supplements obtainable, so how have you learnt which one is best? Keep studying to assist simplify the method for you! To get enough vitamins and minerals, eat a wholesome balanced eating regimen daily. Attempt to eat seven parts of vegetables and fruits every single day, and likewise include a minimal amount of protein. If you cannot do this, you should attempt supplements to get some your vitamins and minerals. In case you are missing a selected vitamin, it is probably best for you to add that to your food plan as an alternative of taking a multivitamin. While there are many various vitamins and minerals in these pills, more often than not the extent of particular vitamins is just not as high as we want. Buying a single vitamin could be simpler. When on the lookout for supplements, just remember to look for these which can be of their purest kind. For instance, Vitamin D3 is the purest form of this supplement and D2 is the artificial version. Which means that the latter will not be as effective and may possibly offer you different outcomes than you had hoped for. If you need to construct up your purple blood cells, you need iron. This helps to transport oxygen by way of the body. Women are sometimes deficient in iron, so it will be important that womens’ vitamins have correct quantities of iron. Your iron levels could also be too low in case you get simply winded or have trouble breathing. In phytothérapie arthrose https://phytocea.com , many people want supplements to be wholesome. Much of the meals you see within the grocery store is overly processed and lack a lot of the nutrients they initially had. You may, however, make up for what is lacking in your meals by taking a multivitamin pill. Vitamin C is plentiful in things like citrus fruits. Vitamins and minerals taken in supplemental form are good to get rid of any deficiency you may have. Vitamin C is a good way to ward off colds. It additionally helps with issues like acne, ulcers and even gum disease. It can even assist anybody who has ADHD, Alzheimer’s disease, and dementia. Take your vitamins in the best way that’s best for you. Whereas the best technique to get vitamins and minerals is thru food, you may have to take a supplement. If you battle swallowing pills, you possibly can find smaller or chewable pills to take. You may as well use the powders that mix with water. When shopping for vitamins, all the time examine the expiration date on the package deal before you purchase them. Vitamins have a shelf life and don’t last ceaselessly. Storage time, exposure to light and temperature can all impact the standard of vitamins and additional scale back the expiration date. So make Read Home Page that you’re buying high quality vitamins that have not expired. Do not be swayed by all of the hype that surrounds new “miracle” vitamins. Whereas they could have some constructive results for some people, most can go their complete lives with out taking any of these items. It is at all times finest to consult a physician or dietician before taking something new. On this downward economic system, it is simple to ignore our well being and instantly eat quick food devoid of necessary vitamins and minerals you want. Vitamins are nice options to consume to get the nutrients that you just need. Juicing is very popular nowadays, and it is a good way to consume wholesome fruits and vegetables. Many individuals add a powdered vitamin and mineral supplement to their juice drink to create a wholesome breakfast smoothie they can enjoy every day. This drink isn’t solely very wholesome, but in addition helps increase energy ranges. Juicing is very popular today, and it is a good solution to devour healthy fruits and vegetables. Many individuals add a powdered vitamin and mineral supplement to their juice drink to create a wholesome breakfast smoothie they can enjoy every single day. This drink shouldn’t be solely very healthy, but also helps enhance vitality ranges. Steamed or raw vegetables are greatest. When you cook your food, you can reduce again on the amount of vitamins you eat. If you’re going to cook your vegetables, steaming will bring them to a great consistency without sacrificing vitamins. Now with regards to the bags of frozen veggies we frequently purchase, keep cooking to a minimum as they already have a high stage of water content material from the freezing process and overcooking will delete lots of the vitamins that remain. If you are losing your hair, zinc could be the supplement you want. phytothérapie arthrose leads to hair loss, which signifies that guaranteeing you’ve gotten sufficient in your system can enable you to to cease further thinning of your hair. Simply choose up a complement and add it to your every day regimen. More about the author of us reside very busy lives, and consuming a balanced weight-reduction plan is just not all the time easy. This is when supplements come into play. By retaining the data you discovered at present, selecting the vitamins and minerals your body requires might be as straightforward as snapping your fingers.
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User:<IP_ADDRESS> The following users are suspected to be the same person (Sock Puppets) due to the nature of their disruptive edits to the same articles:- * <IP_ADDRESS> * <IP_ADDRESS> * <IP_ADDRESS> * <IP_ADDRESS> * <IP_ADDRESS>
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BC Odesa BC Odesa (баскетбольний клуб "Одеса") is a Ukrainian professional basketball club based in Odesa. The club competed in the Ukrainian Basketball SuperLeague (UBSL). Established in 1992, Odesa played in the SuperLeague for most of its existence until it disappeared in 2016. In 2018, the club was re-founded when it merged with BC Dynamo Odesa. History BC Odesa was one of the most distinguished basketball clubs in the country and has won the UBSL championship 4 times. It was founded in 1992 under the name BIPA-Moda after its sponsor company. Following the death of its 1st president Arkadiy Tabachnyk in 1999, the club became municipal and, hence, changed its name to MBC Odesa. In 2006, the club turned private again after its purchase by the current president Oleh Bychkov, and its name was changed to the present BC Odesa. After the 2015–16 season, the club disappeared. However, another club BIPA Odesa played in the SuperLeague the following years. In the summer of 2018, BC Dynamo Odesa, winner of the second-tier division, was renamed and merged to BC Odesa. Previously, BIPA Odesa was merged to BC Dynamo Odesa in 2017. Head coaches * 🇺🇦 Vitaliy Lebedyntsev: 1992–1996, 1998–2001, 2008–2010 * 🇷🇺 Yuriy Selikhov: 1996–1998 * 🇧🇾 Valiantsin Varonin * 🇺🇦 Oleh Yushkin: 2010–2015 Domestic competitions * Ukrainian Super League * Champions (4): 1997–98, 1998–99, 2000–01, 2001–02 * Ukrainian Cup * Champions (2): 1993, 2001 * Runners-up: 2019 International competitions * NEBL Challenge Cup * Winners (1): 2001
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Page:Dictionary of aviation.djvu/272 248 DICTIONARY OF AVIATION wether-signal ; a signal consisting of steam-whistle blasts, long and short, in various combinations. web web n. 1. a sheet of woven fabric covering an aeroplane-wing; the cleth which forms the surface of an aerofoil. 2. the vane or vexillum of a bird's fether on either side of the shaft or stem; the pogonium or van. 3. one of the wooden blocks acting as distance-pieces be- ttueen the ribs of the sustaining-plane of a flying-machine. webbing 'webirj n. the woven fabric which is stjetcht over the frame of an aerofoil or wing; the cleth surfacing of an aeroplane. web-cloth, 'web,kte:0 n. the cleth used in or constituting the web of an air-craft. webby 'webi adj. of a web; web-like; membranous: as, the bats. * webby plumage of certain birds; the *webby wings of web-sprit 'web,spsit n. a spsit or spar connected with the web or webbing of a air-craft. weight weet n. shifting weight, one of the weights or hevy bodies which in some airships are made to shift longitudinally along the understjucture to aid in maintaining equilibrium. weight-carrier 'weet,kaezi-9z n. a flying-machine especially designed to carry weight; an air-craft for transporting hevy goods; an aerial freighter. westerly 'west9z-li n. [plural westerlies} a westerly wind : as, a prevailing *westerly. wheel iDiil n. the circular, rotating handle by the manipu- lation of tuhich the driver or pilot operates the rudder or control of an air-craft; the hand-tuheel used for steering; the steering-wheel ; the helm-wheel : as, at the airship's Awheel; the *tuheel of the aeroplane. wheel-kite 'tuiil,kait n. a hevy Chinese taild kite consisting of two connected disks in each of whose faces is a wind- mill-tuheel which is revelvd by the wind. whip tuip n. one of the radii, arms, or sail-frames of an old- style four-vaned vertical windmill. whip-line 'tuip,lain n. a line or piece of strong cerd which is attacht at one end to the bridle of a kite and which has at its other end a long loop to tuhich the flying-cord or kite-line may be tied. whir tueiz v. 1. intr. fly, dart, revolv or otherwise move quickly with a whizzing or buzzing sound, or sioish, like that made by a stick or a projectil moving rapidly thru the air; u>hizz. �� �
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Pseudorhabdosynochus mcmichaeli Pseudorhabdosynochus mcmichaeli is a diplectanid monogenean parasitic on the gills of the scamp, Mycteroperca phenax. It has been described by Kritsky, Bakenhaster and Adams in 2015. Etymology The species was named in honor of Robert "Bob" McMichael, Jr., Founding Director of the Florida Fish and Wildlife Conservation Commission Fish and Wildlife Research Institute's Fisheries-Independent Monitoring Program, commemorating his longtime research on Floridian marine parasites. Specimens of groupers he had collected in 1980 were evaluated in the study done by Kritsky, Bakenhaster and Adams in 2015, and he additionally actively accommodated their research until his retirement. Description Pseudorhabdosynochus mcmichaeli is a small monogenean, 400 μm in length. The species has the general characteristics of other species of Pseudorhabdosynochus, with a flat body and a posterior haptor, which is the organ by which the monogenean attaches itself to the gill of is host. The haptor bears two squamodiscs, one ventral and one dorsal. The sclerotized male copulatory organ, or "quadriloculate organ", has the shape of a bean with four internal chambers, as in other species of Pseudorhabdosynochus. The vagina includes a sclerotized part, which is a complex structure. Diagnosis Kritsky, Bakenhaster & Adams (2015) wrote that Pseudorhabdosynochus mcmichaeli was easily distinguished from all Pseudorhabdosynochus species from western Atlantic waters by its unique vaginal sclerite. Within the region, it is probably most similar to the congeners infecting other Mycteroperca species. In P. mcmichaeli, however, the vaginal sclerite has two tandem chambers, each with comparatively thin walls, while all other species infecting Mycteroperca species, including P. kritskyi, P. capurroi, P. vascellum, P. hyphessometochus, P. contubernalis, and P. mycteropercae, possess a vaginal sclerite with a single comparatively thick-walled chamber. Based on the similarities of the respective vaginal sclerites, P. mcmichaeli most closely resembles P. jeanloui, a species described by Knoff, Cohen, Cárdenas, Cárdenas-Callirgos and Gomes in 2015 from the Pacific creole-fish Paranthias colonus off Peru. It differs from P. jeanloui by being a much smaller parasite, by having a less expanded base of the smaller ventral anchor and tapered ends of the ventral bar, and in the fine details of the vaginal sclerite. Hosts and localities The type-host and only recorded host is the scamp, Mycteroperca phenax. The type-locality is Florida Middle Grounds, Gulf of Mexico; the species has also been recorded from the Gulf of Mexico, 25 miles west of Tampa Bay, Florida.
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Role of the host cell's unfolded protein response in arenavirus infection. Details Serval ID serval:BIB_3BF7CDCB32A5 Type Article: article from journal or magazin. Collection Publications Institution Title Role of the host cell's unfolded protein response in arenavirus infection. Journal Journal of Virology Author(s) Pasqual G., Burri D.J., Pasquato A., de la Torre J.C., Kunz S. ISSN 1098-5514 (Electronic) ISSN-L 0022-538X Publication state Published Issued date 2011 Volume 85 Number 4 Pages 1662-1670 Language english Notes Publication types: Journal Article ; Research Support, N.I.H., Extramural ; Research Support, Non-U.S. Gov't Abstract Arenaviruses are enveloped RNA viruses with a nonlytic life cycle that cause acute and persistent infections. Here, we investigated the role of the host cell's unfolded protein response (UPR) in infection of the prototypic arenavirus lymphocytic choriomeningitis virus (LCMV). In mammalian cells, the endoplasmic reticulum (ER) chaperone protein GRP78/BiP functions as the principal sensor for the induction of the UPR and interacts with three mediators: kinase/endonuclease inositol-requiring protein 1 (IRE1), PKR-like ER kinase (PERK), and activating transcription factor 6 (ATF6). Acute infection with LCMV resulted in a selective induction of the ATF6-regulated branch of the UPR, whereas pathways controlled by PERK and IRE1 were neither activated nor blocked. Expression of individual LCMV proteins revealed that the viral glycoprotein precursor (GPC), but not that of other viral proteins, was responsible for the induction of ATF6. Rapid downregulation of the viral GPC during transition from acute to persistent LCMV infection restored basal levels of UPR signaling. To address a possible role of ATF6 signaling in LCMV infection, we used cells deficient in site 2 protease (S2P), a metalloprotease required for the activation of ATF6. Cells deficient in S2P showed significantly lower levels of production of infectious virus during acute but not persistent infection, indicating a requirement for ATF6-mediated signaling for optimal virus multiplication. In summary, acute LCMV infection seems to selectively induce the ATF6-regulated branch of the UPR that is likely beneficial for virus replication and cell viability, but it avoids induction of PERK and IRE1, whose activation may be detrimental for virus and the host cell. Keywords Activating Transcription Factor 6/metabolism, Activating Transcription Factor 6/pharmacology, Animals, Arenavirus/pathogenicity, Cell Line, Cell Line, Tumor, Cricetinae, Endoplasmic Reticulum/metabolism, Epithelial Cells/virology, Gene Expression Regulation, Glycoproteins/metabolism, Glycoproteins/pharmacology, Heat-Shock Proteins/metabolism, Humans, Liver/cytology, Liver/virology, Lung/cytology, Lung/virology, Lymphocytic choriomeningitis virus/metabolism, Lymphocytic choriomeningitis virus/pathogenicity, Protein Folding, Protein Precursors/metabolism, Protein Precursors/pharmacology, Signal Transduction, Unfolded Protein Response/drug effects, Unfolded Protein Response/physiology, Viral Envelope Proteins/metabolism, Viral Envelope Proteins/pharmacology Pubmed Web of science Open Access Yes Create date 20/03/2011 19:45 Last modification date 20/08/2019 13:32 Usage data
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Joe Ward (rugby union) Joe Ward (born 3 June 1980 in Dannevirke, Hawke's Bay, New Zealand) is a rugby union footballer who plays at hooker for Sale Sharks in the Aviva Premiership after signing from London Wasps in the Summer of 2011. Career Ward captained New Zealand U19 at the 1999 Junior World Championship, as well as representing the New Zealand U21 side in 2001. Ward represented North Harbour in the National Provincial Championship. Ward scored his only try for the Hurricanes against the Crusaders on his debut in the opening round of the 2003 Super 12 season. Ward made 31 Super 12 appearances in all, generally as replacement for Andrew Hore his last appearance featuring in a 2005 Super 12 semi-final defeat to the Crusaders. Ward joined London Wasps for the 2005–06 season. In his first season at the club, he was part of the Wasps side that won the Powergen Cup. He also achieved League success as Wasps won the final of the 2007–08 Guinness Premiership. Ward also played in the 2007 Heineken Cup Final, against the Leicester Tigers. His club form led to Ward being named in the England Saxons squad for the 2008–2009 season on 1 July 2008. He subsequently made his England Saxons debut against, and also appeared in the final of the 2009 Churchill Cup. In February 2011 it was announced Ward would join Sale Sharks on a 2-year contract for the 2011/12 season.
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1918 Arkansas gubernatorial election The 1918 Arkansas gubernatorial election was held on November 5, 1918. Incumbent Democratic Governor Charles Hillman Brough won re-election to a second term, defeating Socialist nominee Clay Fulks with 93.43% of the vote. Democratic primary The Democratic primary election was held on May 28, 1918. Candidates * Charles Hillman Brough, incumbent Governor * Lewis Cass "Shotgun" Smith, judge Candidate * Clay Fulk, of Searcy Withdrew * Dan Hogan, Socialist candidate for Governor in 1906, 1910 and 1914 Candidates * Charles Hillman Brough, Democratic * Clay Fulks, Socialist The Republican Party did not field a candidate and endorsed Brough.
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Shellmound, Mississippi Shellmound is an unincorporated community located in Leflore County, Mississippi, United States, located approximately 6 mi north of Greenwood and approximately 6 mi southeast of Schlater near U.S. Highway 49E. It is part of the Greenwood, Mississippi micropolitan area. History Shellmound is named for a nearby mound that had a large amount of shells on the surface. The area was possibly the site of a battle between the Chakchiuma and allied Choctaw and Chickasaw. Shellmound was founded as a landing on the Tallahatchie River and was one of the earliest settlements on the Tallahatchie. The community served as a distribution point for the area between the river and McNutt. In the late 1800s, Shellmound had four general stores, a doctor, and a population of 150. A post office operated under the name Shellmound from 1854 to 1921. Music Shellmound is home to one of Leflore County's seven Mississippi Blues Trail markers (at Racetrack Plantation).
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Barty ends Anisimova's run to reach French Open final PARIS (Reuters) - Australian Ashleigh Barty weathered the fierce challenge of Amanda Anisimova to end the 17-year-old’s barnstorming run at the French Open and reach the final with a rollercoaster 6-7(4) 6-3 6-3 victory on Friday. The eighth-seeded Barty, the first Australian woman to play a final here since Sam Stosur in 2010, will take on Czech teenager Marketa Vondrousova on Saturday. Anisimova, who had knocked out defending champion Simona Halep in the previous round, rallied from 5-0 down to take the opening set and open a 3-0 lead in the second, only for the momentum to shift again in favor of Barty. Anisimova, the first player born in the 2000s to reach the last eight or semi-finals at a Grand Slam, put up a great fight to save five match points but Barty sealed the win on her sixth in light drizzle. “I fought my hardest, it’s just incredible,” said Barty, who will be looking to become the first Australian woman to hoist the Suzanne Lenglen Cup since Margaret Court in 1973. “I went away from what was working but I am proud of the way I fought and found a way back into that match. It was cold, windy, very tough for the both of us. “It’s incredible, it’s an amazing journey that I’ve been on. I can’t wait to see what happens.” Barty took full advantage of Anisimova’s early jitters on a chilly, windswept Court Suzanne Lenglen, allowing her opponent only one of the first 18 points. It was a sobering moment for the teenager, who looked nothing like the fearless player who had beaten Halep on Thursday. But the American sprung into life at 5-0, saving two set points to bag her first game. She went on to steal Barty’s serve as her game finally clicked. Until then, Barty had been unchallenged on a windswept Court Suzanne Lenglen, spraying the court with winners down the line and cunning drop shots. Having found her range and her speed, Anisimova rallied back and snatched the extra break to serve for the set at 6-5, only for Barty to force a tiebreak when the American buried a backhand into the net. The tiebreak was also a see-saw contest, Barty moving 4-2 up before Anisimova scored five points in a row to take the set with a forehand winner down the line. She then raced to a 3-0 lead in the second without conceding a point. But the momentum shifted, again, with Barty taking six games on the spin to level the tie. Barty’s crafty game prevailed in the decider as she went 5-2 up. Anisimova, who will break into the top 30 when the WTA rankings are released on Monday, piled on some more pressure on Barty as she kept saving the match points. But the Australian kept her focus to book her place in Saturday’s finale. Reporting by Julien Pretot, editing by Pritha Sarkar
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Wikipedia:Articles for deletion/Jacob Davich The result was speedy delete. Ged UK 16:41, 28 October 2009 (UTC) Jacob Davich * – (View AfD) (View log) Speedy delete if possible. The biographical article is about Taylor Dooley. There does exist an imdb link to Jacob Davich but he hasn't acted in the mentioned movies. P.S. The external link to IMDB also links to Taylor Dooley WriterListener 03:15, 28 October 2009 (UTC) * Delete and it could go as a speedy vandalism G3 as "blatant and obvious misinformation" as it is clearly an attempt to mislead. Per the nom, it is in large part a copy of the Taylor Dooley article with a few name changes, although without bothering to change the gender of the pronouns. The filmography, barring one film, is pure fantasy. In addition, and it is time to call a duck a spade (or whatever ;)), it is clearly the work of an sock, down to the role in A Nightmare on Elm Street (2010), a film whose cast list Alexcas11 has tried to expand to include what seems like most of Hollywood by now. (The last version of this article, which was deleted, was created by an Alexcas sock) However, the subject himself might well be notable enough and certainly none of the above should be taken as prejudice against the creation of an article in good faith . However, this ain't it. FlowerpotmaN &middot;( t ) 08:12, 28 October 2009 (UTC)
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Cynthia J. BRICKNER, and Candace J. Brickner, a minor, by her next friend Rowell E. Burt, Plaintiffs-Appellants/Cross-Respondents, v. NORMANDY OSTEOPATHIC HOSPITAL, INC., Defendant-Respondent/Cross-Appellant. Nos. 51820, 51842. Missouri Court of Appeals, Eastern District, Division Five. Jan. 19, 1988. Motion for Rehearing and/or Transfer to Supreme Court Denied March 2, 1988. Mark I. Bronson, Newman & Bronson, St. Louis, plaintiffs-appellants/cross-respondents. Kenneth C. Brostron, Amy Rehm Hinder-er, Tina A. Odo, Lashly, Baer & Hamel, P.C., St. Louis, for defendant-respondent/ cross-appellant. CARL R. GAERTNER, Judge. Upon retrial of a wrongful death claim on the issue of liability only, the jury found in favor of plaintiffs and the trial court entered judgment against defendant in the amount of $340,717.00. Plaintiffs appeal arguing that the trial court erred in failing to allow pre-judgment interest on the damages held in abeyance. Defendant, Normandy Osteopathic Hospital, cross-appeals contending that: (1) the trial court erred in holding the hospital vicariously liable for the alleged negligence of its employee, Dr. Smith, because Smith was the borrowed servant of the attending surgeon at the time of the alleged negligence; (2) the trial court erred in holding the hospital vicariously liable for an error in the medical judgment of a physician/employee; (3) plaintiffs released their claim against the hospital by dismissing their claim against Dr. Smith; (4) the verdict director was improper because it confused and misled the jury on the issue of agency; and (5) the trial court improperly calculated the present value of the outstanding settlements with Doctors Olson and Bean when it entered judgment against the hospital. We affirm. Decedent, James Brickner, at the direction of his family physician, Dr. Bean, entered Normandy Osteopathic Hospital on May 31,1978. Dr. On June 2, 1978, decedent underwent exploratory surgery of his left scrotum. The operation was performed by Dr. Smith, a second year surgical resident, at the hospital. Dr. Smith was supervised during the operation by Dr. Olson, a surgeon with staff privileges at the hospital who participated in its teaching program. After surgery, Dr. Smith informed decedent that he did not have cancer and that it had not been necessary to remove his left testicle during surgery. On February 23, 1979, after continued pain and swelling, decedent went to the emergency room at Condell Memorial Hospital in Libertyville, Illinois. He again underwent exploratory surgery of his left testicle. During this second operation, the doctors discovered testicular cancer and removed decedent’s left testicle. After further examination, doctors discovered that decedent was in an advanced stage of cancer. James Brickner died on December 1, 1980 of metastatic testicular carcinoma. Decedent’s wife and daughter filed suit for wrongful death against Normandy Osteopathic Hospital, David K. Bean, D.O., a family practitioner, J. P. Smith, D.O., a second year surgical resident at Normandy Osteopathic Hospital, and John Olson, D.O., a surgeon and urologist. Plaintiffs alleged that Doctors Smith, Olson, and Bean negligently failed to diagnose decedent’s testicular cancer. Specifically, plaintiffs charged that Dr. Smith and Dr. Olson negligently failed to perform a biopsy or remove decedent’s testicle during exploratory surgery of decedent’s left scrotum. Prior to trial, Dr. Olson settled with plaintiffs for $200,000.00. Plaintiffs then voluntarily dismissed their claim against Dr. Smith with prejudice before the case was submitted to the jury. Considering only the remaining claims against Dr. Bean and Normandy Osteopathic Hospital, the jury found in favor of the hospital and against Dr. Bean. They assessed plaintiffs’ damages at $1,000,000.00. Due to instructional error, however, the trial court granted plaintiffs a new trial as to the hospital. Both the hospital and Dr. Bean appealed the decision in the first trial. While the first appeal was pending, Dr. Bean and plaintiffs agreed to a structured settlement. Thereafter, we affirmed the trial court’s decision to grant plaintiffs a new trial, but limited the new trial to the issue of liability. Brickner v. Normandy Osteopathic Hospital, Inc., 687 S.W.2d 910 (Mo.App.1985). Should the second jury find the hospital liable, we instructed the trial court to enter judgment in the amount of $1,000,000.00 less the present value of the outstanding settlements with doctors Bean and Olson. Upon re-trial the jury found the hospital liable and the trial court entered judgment in the amount of $340,717.00. The Brick-ners and the hospital both appeal the decision. We turn first to the hospital’s cross-appeal. APPEAL OF NORMANDY OSTEOPATHIC HOSPITAL The hospital contends that the trial court erred in denying its motion for judgment notwithstanding the verdict because plaintiffs failed to establish liability on the part of hospital. We note at the outset that plaintiff did not allege any direct negligence against the hospital, but sought only to hold the hospital liable for the acts of its employee, Dr. Smith. The hospital argues that it cannot as a matter of law be vicariously liable for the acts of Dr. Smith because: (1) at the time of the alleged negligence, Dr. Smith was the borrowed servant of the attending surgeon, Dr. Olson; and (2) the alleged negligence involved the exercise of a physician’s medical discretion over which the hospital had no control. In reviewing the issue of liability we look only to the evidence most favorable to the prevailing party below, disregarding all evidence and inferences to the contrary. Norris v. Jones, 687 S.W.2d 280 (Mo.App. 1985). The evidence favoring plaintiffs was as follows: Dr. Smith was a second year resident employed by the hospital in a surgical residency program. As part of its residency program the hospital required Dr. Smith to be present at the hospital from 7:00 a.m. to 7:00 p.m., attend to his assigned patients prior to and after surgery, and either assist in surgery or perform surgery under supervision depending on the type of operation. Dr. Smith was forbidden to accept private patients. On June 2, 1978, Dr. Smith performed surgery on James Brickner under the supervision of the attending surgeon, Dr. Olson. Under the guidelines established for its residency program, the hospital allowed second year residents to perform scrotal explorations under supervision. The surgery was performed in “teamwork” fashion. Although the supervising surgeon had the “most” decision-making authority, Dr. Smith was required to assist in the patient’s diagnosis and could have taken a biopsy of decedent’s testicle without an express instruction from Dr. Olson. Plaintiff’s expert, Dr. Milner testified that he believed with a reasonable degree of medical certainty that Dr. Smith failed to adequately examine the testicle while it was exposed during surgery and, therefore missed the cancer diagnosis. Dr. Hendricks, a second expert, testified that the type of surgery performed on decedent was typically done by surgical residents with a surgeon assisting. He stated that in his opinion had Dr. Smith performed a biopsy cancer would have been discovered. The hospital argues that, as a matter of law, Dr. Smith was the borrowed servant of the surgeon, Dr. Olson. A general employer may use the borrowed servant doctrine as a defense when these elements are present: (a) consent upon the part of the employee to work for the special employer; (b) actual entry by the employee upon the work of the special master pursuant to an express or implied contract to do so; and (c) power of the special employer to control the details of the work to be performed and to determine how the work shall be done and whether it will stop or continue. Ballard v. Leonard Brothers Transport Co., Inc., 506 S.W.2d 346, 350 (Mo.1974); Tractor-Trailer Supply Co. v. Wilbur Waggoner Equipment Rental and Excavating Co., Inc., 539 S.W.2d 465, 467 (Mo.App.1976). Although the evidence in this case supports a finding of each of these elements, our inquiry, does not end with this finding. Where, as here, the borrowed servant doctrine is asserted by the general employer as a defense to an action by a third party to recover for damages caused by the negligence of the employee in performing the work of the special employer, it is encumbent upon the general employer to prove, in addition to the three elements enumerated above, a total relinquishment of any right of control over the conduct of the employee insofar as the particular work is concerned. To escape liability the general employer must surrender full control of the employee in the performance of the particular work, it not being sufficient if the servant is partially under the control of a third party. Cases so holding include McFarland v. Dixie Machinery and Equipment Co., 348 Mo. 341, 153 S.W.2d 67; and Wills v. Belger, 357 Mo. 1177, 212 S.W.2d 736. See also Restatement, Second, Agency § 227, with.reference to factors to consider. Koirtyohann v. Washington Plumbing & Heating Co., 471 S.W.2d 217, 219-20 (Mo. 1971). The factors pertinent to our inquiry set forth in the above-cited section of the Restatement include: In the absence of evidence to the contrary, there is an inference that the actor remains in his general employment so long as, by the service rendered another, he is performing the business entrusted to him by the general employer. There is no inference that because the general employer has permitted a division of control, he has surrendered it_ [A] continuation of the general employment is indicated by the fact that the general employer can properly substitute another servant at any time, that the time of the new employment is short, and that the lent servant has the skill of a specialist. ****** The fact that he obeys the request of the temporary employer as to the act does not necessarily cause him to be the servant of such employer. If, however, the temporary employer exercises such control over the conduct of the employee as would make the employee his servant were it not for his general employment, the employee as to such act becomes a servant of the temporary employer. If the employee does the very act directed by the temporary employer, the latter is responsible for having directed it, and the first employer is responsible as a master if the act is within the scope of his general employment. Restatement (Second) of Agency § 227 comment b, c (1958). Equally pertinent is section 226 of the Restatement: A person may be the servant of two masters, not joint employers, at one time as to one act, if the service to one does not involve abandonment of the service to the other. Thus, the biblical admonition notwithstanding, a man can serve two masters simultaneously, provided the interest of the masters are not so adverse and antagonistic that the intent to serve one necessarily excludes an intent to serve the other. We have been referred to and independent research has disclosed no Missouri cases which decide the precise issue involved: whether a hospital is vicariously liable for the negligence of an employee who is under the proximate direction and control of an independent physician in charge of a surgical procedure. A majority of other jurisdictions which have addressed the issue, however, conclude that both the surgeon and the hospital may be liable for the negligence of the hospital’s employee during surgery. In Kelley v. Rossi, 395 Mass. 659, 481 N.E.2d 1340, 1342 (1985), the court noted that as a general rule a resident physician is the servant of the hospital and a presumption exists that the resident remains in the employ of the hospital unless evidence is produced to the contrary. In Foster v. Engelwood Hospital Association, 19 Ill.App.3d 1055, 313 N.E.2d 255 (1974), plaintiff sought damages for a nurse’s negligence from both the hospital and the attending surgeon. The jury returned a verdict against both defendants, but the trial court granted the surgeon’s motion for judgment notwithstanding the verdict. On appeal the court held that both the hospital and the surgeon were liable for the nurse’s negligence. 313 N.E.2d at 260. Quoting from an earlier case, Norland v. Poor Sisters of St. Francis, 4 Ill.App.2d 48, 59, 123 N.E.2d 121, 127 (1954), the court rejected application of the borrowed servant doctrine: It is part of the hospital’s business to furnish [physicians with] the use of [employees], and the fact that during the period of the operation an [employee] is subject to the direction of a physician does not change the relationship ... the furnishing of the [employee] necessarily involves the circumstances that the [employee] furnished will carry out the directions of the physician in charge. Id. 313 N.E.2d at 259-60. The court also concluded that a physician is liable for a hospital employee’s negligence if he exercises control and supervision over the employee even though the surgeon retains less than that degree of control necessary to establish a traditional master/servant relationship. Id. 313 N.E.2d at 260. The question of whether the doctor retains control or supervision over the negligent employee is a question of fact for the jury. Id. 313 N.E.2d at 261. In Pratt v. Stein, 298 Pa.Super. 92, 444 A.2d 674, 702 (1982), the Pennsylvania court wrestled with the borrowed servant problem. The court concluded that the trial court had properly instructed the jury to find in favor of the hospital only if the negligent hospital personnel were under the “sole control” of the surgeon and serving the interests and purposes of only the surgeon at the time of the alleged negligence. Id. 444 A.2d at 703. The trial court instructed the jury that “if a hospital ... lends [its] personnel to someone else, then at that time the personnel can be servants of the borrower, or can still be servants of just the lender, or can be servants of both of them, the lender and the borrower.” Id. 444 A.2d at 702. After noting that “[i]n few other areas where the doctrine of respondeat superior may be potentially applicable is the issue of control as crucial or as difficult to resolve as it is in many doctor-hospital relationships,” the court in City of Somerset v. Hart, 549 S.W.2d 814, 816 (Ky.1977), held that the hospital could not escape liability under the borrowed servant doctrine if the acts of the hospital employee were of mutual benefit to both the surgeon and the hospital. The court stated that “[frequently, if not most often, the nurse or other employee who is temporarily lent to the physician or surgeon, in every realistic sense, continues to cany-uu [their] hospital duties.” Id. at 817. See also Annot., Liability of Hospital or Sanitarium for Negligence of Physician or Surgeon, 51 A.L. R. 4th 235 (1987). Missouri follows the principle relied on in these cases. In order to escape liability, the general employer must have relinquished all control and authority over the employee to the special employer. Tractor-Trailer Supply Co., 539 S.W.2d at 467. There is no inference that because the general employer permitted a division of control that he surrendered all of his control. Restatement (Second) of Agency § 227 comment b (1958). “The fact that [an employee] obeys the requests of a temporary employer ... does not necessarily cause [the employee] to be the servant of such employer.” Restatement (Second) of Agency, supra at 503, cited with approval in Gerfers v. Missouri-Illinois Tractor & Equipment Co., 372 S.W.2d 503, 507 (Mo.App.1963). Reviewing the record in this case in light of the principles discussed above, we find the evidence supports a conclusion that Dr. Smith remained the servant of the hospital during decedent’s operation. The hospital hired Dr. Smith and allowed him to practice his medical skills by performing operations such as the one performed on James Brick-ner. Smith’s employment was controlled by the hospital’s “Department of Surgery Resident’s Training Program” syllabus, “which set forth in detail the duties of a resident physician including those arising during surgery. For example, under these regulations: Dr. Smith was required to devote his full time to residency training; his hours of work were scheduled by the hospital; he was required to keep a log of his surgical experiences; he was told to question the orders of an attending physician if he believed them to be erroneous; and he was required to dictate a report describing any surgery he performed. Failure to satisfactorily perform any of his duties, including the performance of his surgical duties, could result in the hospital terminating his employment. Although Dr. Olson had supervisory authority and control over Dr. Smith during James Brickner’s operation, this fact does not indicate even a temporary suspension or interruption of Smith’s employment by or accountability to the hospital. On the contrary, at the time of surgery, Smith was performing the very work for which the hospital had hired and was paying him. In fact, Smith was expected to exercise independent medical judgment in the operating room. He could have performed a biopsy on decedent’s testicle without the prior consent of Dr. Olson. Viewed in the light most supportive of the verdict, the evidence fails to establish that the hospital relinquished or abandoned its right of control over Dr. Smith when he entered the operating room, or that by coming under the temporary supervision of Dr. Olson, Smith abandoned his service to the hospital. We cannot, therefore, as a matter of law, hold that Dr. Smith was solely under the control of and serving only the interest of Dr. Olson during surgery, thereby insulating the hospital from liability under the borrowed servant doctrine. See e.g., Hollant v. North Shore Hospital, Inc., 24 Misc.2d 892, 206 N.Y.S.2d 177 (1960). We need not decide under the circumstances of this case whether Dr. Olson was also liable for acts of Dr. Smith during surgery. We have determined that the hospital did not relinquish all control over Dr. Smith, and therefore, remained at least jointly liable for Dr. Smith’s negligence. Whether or not the evidence would support a finding that Dr. Smith was also acting as a servant to Dr. Olson, thereby making Olson vicariously liable, is not before us on appeal. The hospital next argues that it did not have control over the exercise of Dr. Smith’s medical judgment while operating on decedent, and therefore, cannot be liable for his failure to diagnosis testicular cancer. Some jurisdictions draw a distinction between medical and administerial acts of hospital employees or resident physicians and interns and refuse to hold the hospital responsible for the negligent medical judgment of an employee. See e.g., Rodriquez v. City and County of Denver, 702 P.2d 1349 (Colo.App.1984); Dickinson v. Mailliard, 176 N.W.2d 588, 595 (Iowa 1970). Missouri has never recognized a distinction between medical and administerial acts with regard to a hospital’s liability for an employee’s negligence. Indeed, past decisions have recognized that a hospital can be liable for the negligent medical decisions or treatment of a physician employed by the hospital. Gilstrap v. Osteopathic Sanatorium Co., 224 Mo.App. 798, 24 S.W.2d 249, 255 (1929); Eichelberger v. Barnes Hospital, 655 S.W.2d 699 at 708 (Mo.App.1983). Furthermore, the hospital’s argument overlooks the evidence showing that it exercised control of each step over a resident physician’s progress toward surgical certification. Throughout his resident training program, the hospital directed Dr. Smith’s activities and authorized him to perform increasingly complex procedures. The hospital reaped the benefit of Dr. Smith’s labor during his training period. While it did not and could not dictate Dr. Smith’s every move while in surgery, the hospital had supervisory control over his performance as a resident and could at any time dismiss him for poor exercise of his medical judgment. Liability premised on the theory of respondeat superior does not require plaintiff to prove the employer had actual control over its employee’s discretionary judgment as long as the employee’s conduct is within the scope and course of employment. Bova v. St. Louis Public Service Co., 316 S.W.2d 140 (Mo.App.1958); Carter v. Willert Home Products, Inc., 714 S.W.2d 506, 512 (Mo. banc 1986). Under MAI 13.06 the jury was instructed to find for the plaintiff if they found that Dr. Smith was serving the business of the hospital according to an express or implied agreement and that the hospital controlled or had the right to control the physical conduct of Dr. Smith. There was ample evidence to support the jury’s finding for plaintiff on this issue. In its third point, the hospital argues that plaintiffs failed to establish causation since the uncontradicted testimony established that Dr. Smith had no authority to biopsy or remove decedent’s testicle. In support of this claim, the hospital points to testimony of Dr. Olson, who testified that Dr. Smith had no authority to biopsy or remove the testicle. The jury could have disbelieved this testimony. Sunset Acres Motel, Inc. v. Jacobs, 336 S.W.2d 473 (Mo.1960). Plaintiffs may establish causation by circumstantial evidence, which includes favorable inferences drawn from all the evidence. Honey v. Barnes Hospital, 708 S.W.2d 686, 694 (Mo.App.1986). Dr. Owen testified that Dr. Smith would not have needed “veto power” over Dr. Olson to take a biopsy of decedent’s testicle. Plaintiffs’ expert, Dr. Hendricks, testified that normally in operations such as the one performed on the decedent decisions are reached by mutual discussion and an attending surgeon would not have overruled a resident physician who was performing the surgery if the resident thought a biopsy was necessary. Dr. Milner testified that Dr. Smith failed to adequately examine decedent’s testicle during surgery, and therefore, Dr. Smith missed the diagnosis. Dr. Milner and Dr. Williams both testified that at the time of surgery decedent’s testicular cancer was in stage I and that a person diagnosed with stage I testicular cancer has nearly 100% chance of survival. The hospital’s argument is simply not supported by the record. We find that plaintiffs presented sufficient evidence of causation between the alleged negligence of Dr. Smith and decedent’s death to submit the issue to the jury. The hospital further contends that plaintiffs failed to make a submissive case on the issue of negligence in that plaintiff’s experts conflicted in their opinions as to what Dr. Smith should have done under the circumstances of this case. If contradictory statements can be reasonably explained and if from a fair consideration of all the circumstances a jury could reasonably determine what should be accepted as true, then the credibility of the witnesses and the weight to be given their testimony are questions for the jury. Carthen v. Jewish Hospital of St. Louis, 694 S.W.2d 787 (Mo.App.1985). Here, all of plaintiffs’ experts testified that the correct surgical standard to diagnose testicular cancer would be either to biopsy the testicle or remove it for pathological examination. Although some experts testified that they would have removed the testicle immediately under the circumstances rather than first performing a biopsy, Dr. Smith failed to do either of these things. Viewing the evidence and the inferences to be drawn therefrom in the light most favorable to plaintiff, we believe the evidence was sufficient to make a submissible case that Dr. Smith’s actions caused or contributed to Mr. Brickner’s death. Carthen, supra, at page 793; Cignetti v. Camel, 692 S.W.2d 329, 335 (Mo.App.1985). Normandy Osteopathic Hospital next contends that plaintiffs released their claim against the hospital by voluntarily dismissing their claim against Dr. Smith prior to submitting the case to the jury. Voluntary dismissal with prejudice of a claim against an employee does not prevent plaintiff from proceeding with a claim against the employer. Denny v. Mathieu, 452 S.W.2d 114, 119 (Mo.banc 1970). On similar facts, the Supreme Court held in Denny that the dismissal with prejudice of plaintiff’s claim against the employee did not amount to an adjudication on the merits so as to bar plaintiff from proceeding further against the employer. Id. The decision in Denny is controlling in this case. Point denied. In its sixth point, the hospital contends that it should have been granted a new trial because the verdict director erroneously failed to submit the issue of whether Dr. Smith was “diagnosing cancer” within the scope and course of his employment. The verdict director read as follows: Your verdict must be for plaintiffs Cynthia Brickner and Candace Brickner, if you believe: First, plaintiffs were the spouse and the child of James L. Brickner, and Second, Dr. Smith was performing surgery within the scope and course of his agency for defendant Normandy Osteopathic Hospital, Inc., on June 2,1978, and Third, Dr. Smith failed to diagnose testicular cancer, and Fourth, Dr. Smith was thereby negligent, and Fifth, such negligence directly caused or directly contributed to cause the death of James L. Brickner. The hospital argues that the ultimate issue of fact in this case was not whether Dr. Smith was performing the operation on decedent within the course and scope of his employment, but whether he failed to “diagnose cancer” within the course and scope of his agency for the hospital. The hospital contends that it was prejudiced because the jury could more easily find the hospital had a right to control the manner in which a physician-employee performs surgery than the manner in which the physician made a diagnosis. The hospital also argues that the instruction misled the jury into thinking that the performance of surgery was an issue rather than the failure to diagnose. Whether an instruction is confusing depends upon “how it would be understood by a jury of ordinarily intelligent laymen.” Eichelberger v. Barnes, 655 S.W.2d at 706 (citing Breskears v. Union Electric Co., 373 S.W.2d 948, 954 (Mo.1964)). It is not disputed that the purpose of the surgery on Mr. Brickner was diagnostic: to determine if the swelling of his testicle was a cancerous tumor. Plaintiffs clearly contended throughout the trial that Dr. Smith negligently failed to diagnose plaintiff’s cancer during surgery by failing to biopsy or remove decedent's testicle. With equal clarity, the defendant argued that there was no reason to biopsy or remove the testicle during surgery because neither Dr. Smith nor Dr. Olson saw any indication of cancer. There was also testimony presented on both sides as to whether Dr. Smith had the authority or discretion to perform a biopsy or remove the testicle. Given the evidence, we cannot believe that the verdict-director prejudiced defendant in any way. Furthermore, the definitional instruction directed the jury to find that Dr. Smith was acting within “the scope and course of his agency” for the hospital if (1) he was serving the business of defendant according to an express or implied agreement with defendant, and (2) defendant Normandy Osteopathic Hospital either controlled or had the right to control the physical conduct of Dr. Smith. We do not believe the jury was misled or confused by the fact that the verdict-director instructed them to find against defendant if Dr. Smith was “performing surgery” rather than “diagnosing cancer” within the course and scope of his agency. Struemph v. McAliffe, 661 S.W.2d 559 (Mo.App.1983). Finally, the hospital alleges the trial court erred in calculating the amount of the judgment. In the first trial the jury found against Dr. Bean only, and assessed plaintiffs’ damages at $1,000,000. The trial court, however, granted plaintiffs a new trial as to the hospital. Both Dr. Bean and the hospital appealed. During the penden-cy of the appeal, plaintiffs and Dr. Bean entered into a structured settlement. We ordered a new trial of plaintiff’s claim against the hospital but limited the trial to the issue of liability only. We ordered the $1,000,000 verdict held in abeyance and, in the event the hospital was found liable, we directed the trial court to enter judgment against the hospital in the sum of $1,000,-000 less credit for the present value of the settlements with Dr. Bean and Dr. Olson. Following the jury’s verdict in favor of plaintiffs, the trial court heard expert testimony from qualified economists presented by both parties. As to the present value of plaintiff’s structured settlement with Dr. Bean, the court accepted the testimony of plaintiffs’ expert, Dr. Leroy Grossman, and entered judgment against the hospital in the sum of $340,717.00, allowing a credit of $659,283.00 as the present value of the two settlements. The hospital contends that the trial court erred in accepting the testimony of Dr. Grossman and that it should receive a credit in the amount of $774,-170.00. A defendant is entitled to a credit on a judgment equal to the sum a plaintiff has received from other joint tort-feasors as partial compensation for his damages. The consideration plaintiffs received for the dismissal of Dr. Olson was in the form of a lump sum payment of $200,-000.00, a fixed and determined value. The consideration plaintiffs received for the dismissal of their claim against Dr. Bean was a lump sum payment of $155,000.00 plus an agreement for the payment of various sums at specified times over a period of years. The hospital is entitled to a credit equal to the value to plaintiffs of the settlement agreement as of the date of the agreement. The fact that funds are invested by the defendant or his insurance company in order to guarantee the future payments, rather than being invested by the plaintiffs themselves, does not alter the value of what was paid and accepted in return for releasing Dr. Bean from liability. Thus, the consideration received by plaintiffs in return for the dismissal of Dr. Bean is measured not by what they will receive in the future, nor by the cost to the defendant of an annuity to guarantee such payments. The present value of a structured settlement is the amount of money needed today to generate the funds required to meet a schedule of future payments of specified amounts on specified dates. It is the total of future payments discounted by an annual percentage rate of interest superimposed for the time until each payment is due. The hospital does not disagree with this concept but challenges the 11% interest rate used by plaintiffs’ expert in calculating the present, i.e. date of settlement, value to the plaintiffs. In the first jury trial Dr. Grossman testified for plaintiffs that a discount rate of 8.5% should be used to determine the present value of James Brickner’s future loss of wages. At the hearing to determine the present value of the structured settlement, he used a discount rate of 11%. The lower the discount rate used, the higher the present value will be. Defendant argues that plaintiffs are improperly taking advantage of this mathematical principle by using a lower discount rate to calculate the present value of future damages and a higher rate to calculate the present value of the structured settlement, thereby reducing the amount of the hospital’s credit against the $1,000,000 verdict. Dr. Gross-man, applying the 11% rate, computed the present value of two settlements to be $659,283.00. Application of the 8.5% rate would result in a present value of $729,-620.00. In effect, defendant’s argument is that plaintiffs, having elected to take the benefit of the lower rate in computing damages, should be precluded from using a higher rate in computing the amount to be deducted from the verdict. We see no inconsistency in the use of different discount rates for different purposes. Dr. Grossman explained that in calculating the present value of future wages during the contemplated work-life of James Brickner, the 8.5% rate was not based upon current interest rates. Rather, it is an assumed figure, based upon his expertise and experience, of the average interest rates available on secure investments over the next 30 years. Present value of future earnings is determined by application of the difference between this assumed discount rate and assumed wage increases, which is a “net real discount rate.” See Jones & Laughlin Steel Corp. v. Pfeifer, 462 U.S. 523, 536-51, 103 S.Ct. 2541, 2550-58, 76 L.Ed.2d 768 (1983). Since there is historically a correlation between the fluctuations of interest rates and of wage increases, the real net discount rate will remain relatively constant regardless of possible error in the assumptions. On the other hand, the calculation of the present value of a structured settlement, according to Dr. Grossman, is based upon ascertainable fact: the rate of interest payable on a particular type of investment on the date of the settlement. The interest rate on high grade tax-free municipal bonds at the time of the structured settlement in this case was approximately 11%. The trial court as trier of fact was free to accept the testimony of Dr. Grossman. Richard B. Cumow, M.D., Inc. v. Sloan, 625 S.W.2d 605, 607 (Mo. banc 1981). The defendant also contends the trial court erred in not taking into account the difference in tax consequences between a structured settlement and a lump sum payment equal to the present value of the settlement. Defendant argues that plaintiffs will pay no income tax on the payments under the settlement, but if they invested a lump sum, the income would be subject to taxation of a rate of at least 15%. Therefore, plaintiffs would require a larger sum in order to generate an equal future income. This argument overlooks Dr. Grossman’s testimony that he used the lower rate of return on tax-free municipal bonds in order to compute the sum plaintiffs would require to generate future tax-free income. Thus, tax consequences were considered. The trial court accepted Dr. Grossman's testimony and rejected the opposing theories of defendant’s expert. We find no reason to depart from the principle of appellate review which requires us to give deference to the trial court’s determination of the weight to be given to credible evidence. Hoffmann v. Hoffmann, 676 S.W. 2d 817, 826 (Mo. banc 1984); Milam v. Vestal, 671 S.W.2d 448, 451 (Mo.App.1984). APPEAL OF CYNTHIA AND CANDACE BRICKNER Plaintiffs contend that the trial court should have added interest onto the original damage award when it entered the judgment against Normandy Osteopathic Hospital. Plaintiffs argue that under sections 512.160.4 and 408.040, RSMo. 1986, they are entitled to interest on the original judgment from the date the original judgment was rendered. Section 512.160.4 states that: Upon the affirmance of any judgment or order, or upon the dismissal of any case, the appellate court may award to the respondent such damages not exceeding 10% of the amount of the judgment complained of as may be just, and when such judgment shall be affirmed for part of the sum of which judgment was rendered by the trial court, such part of said judgment shall bear lawful interest from the date of the rendition of the original judgment in the trial court. Plaintiffs’ reliance on this statute is misplaced. The hospital was found not liable on plaintiffs' claim at the first trial. On appeal this court merely affirmed the trial court’s decision to grant plaintiffs’ motion for new trial, we did not affirm a judgment or part of a judgment against defendant. Plaintiffs have cited several cases for the proposition that the statute applies in situations where the only contested issue upon retrial is the issue of liability. See, Burger v. Wood, 446 S.W.2d 486 (Mo.App.1969); Ohlendorf v. Feinstein, 670 S.W.2d 930 (Mo.App.1984); Nelson v. Travelers Insurance Co., 102 Wis.2d 159, 306 N.W.2d 71, 77 (1981). In all of the above cases, however, the original judgment rendered in the first trial was in favor of the party who ultimately prevailed on the issue of liability. Likewise, plaintiffs’ reliance on § 408.040 is misplaced. Section 408.040 provides that “interest shall be allowed on all money due upon any judgment or order of any court from the date of rendering the same.” In the present case, there was no judgment against defendant until April 9, 1986. The statute does not afford a basis for imposition of interest prior to that date. A judgment bears interest only from the date of rendition. Reimers v. Frank B. Connet Lumber Co., 273 S.W.2d 348 (Mo.1954). Since there can be but one judgment in any case, the judgment on the $1,000,000 verdict was held in abeyance pursuant to the trial court’s order of a new trial and our mandate on the first appeal. Therefore, plaintiffs’ claim for interest on the judgment based upon statutes regarding post-judgment interest was inappropriate. Although not articulated by plaintiffs, the better argument is that plaintiffs were entitled to pre-judgment interest from the date of the verdict because the amount of the hospital’s liability, if any, became fixed or readily ascertainable by computation at that time. Having posed this argument, we disagree with it. Pre-judgment interest may be allowed where the amount of damages for which a defendant may be liable is liquidated or readily ascertainable by computation according to a recognized standard. Ohlendorf v. Feinstein, 670 S.W.2d at 935. However, until the amount of damages become certain, no interest is generally allowable. Id. at 936; Herberholt v. DePaul Community Health Center, 648 S.W.2d 160, 162 (Mo.App.1983). The rationale underlying the rule has been said to be “that where the person liable does not know the amount he owes he should not be considered in default because of failure to pay.” Fohn v. Title Insurance Corporation of St. Louis, 529 S.W.2d 1, 5 (Mo. banc 1975). Obviously, on the date of the original verdict the hospital could not be charged with knowledge of the amount it might have to pay if ultimately held liable. The hospital had been exonerated in the first trial and Dr. Bean alone was held liable. After the structured settlement, the amount of the hospital’s potential liability remained uncertain. Although this amount was subject to computation under a mathematical formula, the discount rate was a disputed issue. Our remand of the case for a new trial on the issue of liability only fixed the total amount of plaintiffs’ recovery, but not the portion for which the hospital ultimately might be responsible. It is not a case like Senn v. Commerce-Manchester Bank, 603 S.W.2d 551 (Mo. banc 1980) where the case was remanded to the trial court solely for the purpose of entering a modified judgment according to directions. Rather, our mandate required the trial court to conduct hearings in order to determine the present value of the settlement, an uncertain and disputed issue. Accordingly, the judgment of the trial court is, in all respects, affirmed. SATZ, C.J., and SIMEONE, Senior Judge, concur. . It should be noted that in the first appeal by plaintiffs from the judgment in favor of the hospital, this rule required an opposite view of the evidence. . No man can serve two masters: for either he will hate the one, and love the other; or else he will hold to the one, and despise the other. Ye cannot serve God and Mammon. Matthew 6:24. . Under the agreement plaintiff Cynthia Brick-ner is guaranteed payments totalling $832,-000.00 up to August 1, 2007. Thereafter she is to be paid $3100.00 per month for the remainder of her life. Plaintiff Candace Brickner is to receive guaranteed payments totalling $180,-000.00 up to August 1, 2014. . Periodic payments received by a plaintiff in settlement of a damage suit are excludable from gross income under § 104(a)(2) of the Internal Revenue Code, as is the amount of a lump sum settlement. However, if a plaintiff invested the lump sum settlement, or purchased an annuity with the proceeds of a settlement, the income would be subject to taxation. Some authorities have expressed a concern that if information regarding the cost to the defendant of a structured settlement package is provided to the plaintiff, it could amount to a constructive receipt of the funds, thereby altering the tax advantages. See 39 Mo.Bar J. 181, 189 (1983). In addition to tax ramifications, other differences between cost to defendant and value to plaintiff may be found in acquisition and administrative expenses and the ability of an insurer to risk investment in a diverse portfolio including high risk-high yield securities as opposed to the conservative investment required to assure an individual of stable future income.
CASELAW
User:Queenones87/Evaluate an Article Which article are you evaluating? Media archaeology Why you have chosen this article to evaluate? I chose this article simply because I was wondering what media archaeology is. Evaluate the article This article talks about media archaeology, which is essentially looking at forms of old media and how they influence new media. What was interesting to me about this is idea that all media is connected. That even though some form of media may not be used as much anymore, that it aided in creating the medias that we use today. I think about the fact that we use to view movies solely in the theatre. Eventually VHS tapes were created, allowing us to watch movies right from home. Later on DVDs became popular, followed by Blu-ray. Nowadays we primarily use streaming as a means to watch movies from home. All of these are connected, as they each gave us the opportunity to view media from our homes. They’ve each just evolved over time. I’ve noticed that there isn’t much content surrounding the talk page or any images included. I find this subject to be quite interesting, so I wish there was more to this article. The content provided in this article is still relevant. It appears to have its latest source added from 2021, but I wasn’t able to get the first link under references to load up. It kept giving me an error message of page not found. I think that this article has a lot of potential, but just needs some more research done. Clearly it is about the links between new and old medias, and I believe that there are more sources about this subject. I’ve never actually heard this term, “media archaeology” before, but I do think that this subject is addressed often in other forms of media studies. It would be great to have more information about this topic that can be linked to other media topics as well. I think that there are numerous links we can make between new and old medias and I think it would be interesting to study this further. Queenones87 (talk) 14:45, 22 September 2022 (UTC)
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Province of Vicenza The province of Vicenza (provincia de Vicensa; provincia di Vicenza) is a province in the Veneto region of Italy. Its capital city is Vicenza. The province has an area of 2,722.53 km2, and a total population of 865,082 (as of 2017). There are 199 comuni (municipalities) in the province. Towns in the province include Bassano del Grappa, Schio, Arzignano, Montecchio Maggiore, Thiene, Torri di Quartesolo, Noventa Vicentina, Marostica, Lonigo and Valdagno. Population is unevenly spread throughout the province. More than 60% of the populace resides in densely industrialised areas in the eastern, western, and northern (known as Alto Vicentino) conurbations, as well as the area surrounding Bassano del Grappa. The remaining 40% reside in predominantly rural areas in the southern part of the province (the Colli Berici and Basso Vicentino) or the Asiago plateau. Economic development in some areas is hindered by industrial and agricultural depression. Towns in the western section such as Valdagno and Montecchio Maggiore suffer from high unemployment, following a decline in steel and textile industries. The Colli Berici and Basso Vicentino remain overwhelmingly agricultural and present high levels of unemployment. The heavily industrial Alto Vicentino area alone accounts for half of the province's GDP. Federico Faggin, an Italian physicist/electrical engineer principally responsible for the design of the first microprocessor, was born in Vicenza. Comuni There were 116 comuni (: comune) in the province (dati: Istat 01/01/2018): * Agugliaro * Albettone * Alonte * Altavilla Vicentina * Altissimo * Arcugnano * Arsiero * Arzignano * Asiago * Asigliano Veneto * Barbarano Mossano * Bassano del Grappa * Bolzano Vicentino * Breganze * Brendola * Bressanvido * Brogliano * Caldogno * Caltrano * Calvene * Camisano Vicentino * Campiglia dei Berici * Carrè * Cartigliano * Cassola * Castegnero * Castelgomberto * Chiampo * Chiuppano * Cogollo del Cengio * Colceresa * Cornedo Vicentino * Costabissara * Creazzo * Crespadoro * Dueville * Enego * Fara Vicentino * Foza * Gallio * Gambellara * Gambugliano * Grisignano di Zocco * Grumolo delle Abbadesse * Isola Vicentina * Laghi * Lastebasse * Longare * Lonigo * Lugo di Vicenza * Lusiana Conco * Malo * Marano Vicentino * Marostica * Monte di Malo * Montebello Vicentino * Montecchio Maggiore * Montecchio Precalcino * Montegalda * Montegaldella * Monteviale * Monticello Conte Otto * Montorso Vicentino * Mussolente * Nanto * Nogarole Vicentino * Nove * Noventa Vicentina * Orgiano * Pedemonte * Pianezze * Piovene Rocchette * Pojana Maggiore * Posina * Pove del Grappa * Pozzoleone * Quinto Vicentino * Recoaro Terme * Roana * Romano d'Ezzelino * Rossano Veneto * Rosà * Rotzo * Salcedo * San Pietro Mussolino * San Vito di Leguzzano * Sandrigo * Santorso * Sarcedo * Sarego * Schiavon * Schio * Solagna * Sossano * Sovizzo * Tezze sul Brenta * Thiene * Tonezza del Cimone * Torrebelvicino * Torri di Quartesolo * Trissino * Valbrenta * Valdagno * Valdastico * Valli del Pasubio * Val Liona * Velo d'Astico * Vicenza * Villaga * Villaverla * Zanè * Zermeghedo * Zovencedo * Zugliano Economy The industrial sector plays a primary role and over the last half century has supplanted the predominant agricultural sector: since the second post-war period, the province has in fact been one of the major interpreters of the remarkable economic and industrial development of the Northeast of Italy. The most important economic activities in the province are textile, tanning, marble extraction, ceramics, furniture, but above all jewelry. Small and medium-sized enterprises predominate on the territory, making the province of Vicenza one of the most important on a national level, and which have developed, giving rise to mainly 4 industrial districts: * The leather district in the Chiampo Valley, in Arzignano, Chiampo, Montorso Vicentino, Zermeghedo and Montebello Vicentino, * The wool and yarn district in the towns of Schio and Valdagno (historically linked to the two large local industries, Lanerossi and Marzotto respectively) * The goldsmith district in Vicenza, Trissino and Camisano Vicentino * The electronics district in Vicenza Other activities typically linked to the territory are: * The distilleries in Bassano del Grappa, considered the world capital of grappa * The furniture factories in Bassano del Grappa * The production of ceramics in Nove and Vicenza Quality of life According to the European Environment Agency, in 2023 it was the 362nd most polluted city in Europe (out of a sample of 375 cities) and the third in Italy, after the provinces of Cremona and Padua.
WIKI
Pacemaker Implantation Pacemaker Implantation Pacemaker is a small device that is implanted under the skin in the chest which monitors the heartbeat & controls the heart rhythm. A pacemaker has two parts: 1. The pulse generator- This is small metal container that houses the battery & the electrical circuit that regulates the rate of electrical pulses sent to the heart. 2. Electrodes or leads- They are insulated wires placed in the heart chambers which delivers electrical pulses to adjust the heart rate. Types of Pacemakers There are three types of Pacemakers: • Single Chamber Pacemaker- They carry electrical impulses from the generator to the right ventricle of the heart.   • Dual Chamber Pacemaker- They carry electrical impulses from the generator to the right atrium & right ventricle, both.   • Biventricular Pacemaker- They simulate the right & left ventricles both, so that the heart beats more efficiently. It is a treatment option for people suffering from heart failure. Indications for Pacemaker Pacemakers are used to treat the following: • Cardiomyopathy • Heart failure • Slow heart rhythms also known as bradyarrythmia. • Syncope Tests done before Pacemaker Implantation Following are the major tests needed before Pacemaker Implantation: Electrocardiogram In Electrocardiogram, electrodes are placed on chest or the limbs to record heart’s electrical impulses. Holter Monitoring Holter Monitoring is also known as ambulatory monitor in which the heart rhythms are recorded for entire 24 hours. Echocardiogram Echocardiogram is a non-invasive test in which sound waves allows the doctor to see the heart without making an incision. Stress Test In Stress Test, an electrocardiogram is taken before and immediately after walking on a treadmill. Pacemaker Implantation procedure Before the procedure • Do not eat or drink anything after midnight the evening before the procedure. • Stop taking certain medications like diabetes 1 to 5 days before the procedure. During the procedure Pacemakers are implanted in 2 ways: • Endocardial approach- This approach is commonly used for pacemaker implantation. In this approach, local anaesthesia is administered to numb the area where an incision is made. Through an incision the lead is inserted into a vein, then advanced to the heart with the help of the x-ray machine. One end of the lead is attached to the heart muscle, while the other end of the lead is attached to the pulse generator, which is placed in a pocket created under the skin in the upper chest. • Epicardial approach- This approach is commonly used in children. In this approach, general anaesthesia is administered. One end of the lead is attached to the heart muscle, while the other end of the lead is attached to the pulse generator, which is placed in a pocket created under the skin in the abdomen. After the procedure • The patient stays in the hospital for one day after having a pacemaker implanted. • Before the patient leaves the hospital, the pacemaker is programmed to fit the particular pacing needs. • Avoid vigorous exercise or heavy lifting for about a month, after the procedure. Special precautions • Avoid placing the cell phone directly over the pacemaker implantation site when the phone is turned on. • Avoid leaning against a metal-detection system. • If a doctor is considering any medical procedure that involves intensive exposure to electromagnetic energy like magnetic resonance imaging, therapeutic radiation for cancer treatment, tell him /her about the pacemaker implanted. • Stand at least 2 feet from welding equipment, high-voltage transformers or motor-generator systems. FAQs 1. What is the recovery time for a pacemaker surgery? • The recovery time for a pacemaker surgery is 3-4 weeks. 2. Do cell phones interfere with pacemakers? • It is safe to use a mobile phone, but make sure it is kept at a distance of more than 6 inches from the pacemaker. 3. For how long do the pacemaker batteries last? • Most pacemaker batteries last for 6 to 10 years. 4. How often will the patient need follow-up appointments? • The follow- up appointments may be every 3 to 12 months, depending on the type of pacemaker you have and how well it works WHO WE ARE Ginger Healthcare  is a reputed medical assistance company dedicated to revolutionizing healthcare services for international patients in India. With a steadfast commitment to excellence, innovation, and patient-centric care, we stand at the forefront of the medical tourism industry, providing comprehensive and personalized healthcare solutions to individuals and families from around the globe. home hero-ginger healthcare-smiling doctor How we help Our end-to-end patient assistance service ensures that you a get a smooth and hassle-free treatment experience in India  Treatment Decision Contact us, share your reports and let us know your preferences. Accordingly, one of our Patient Advisor will help you in taking opinions & estimates and choosing the best hospital as per your preferenes. Treatment Assistance Once you finalize hospital, our team will provide you Visa Invitation Letter. You will be received at the airport by your team and taken to the hospital. Your Support Associate will be therefor full formalities in hospital. Support Services With Ginger Healthcare, you never have to worry about travel to a foreign country. Our carefully designed Patient Support Services ensures that you have a smooth experience in India right from arrival till departure.
ESSENTIALAI-STEM
PC182 Expected answer: E – Shipped August 13, 2018 HISTORY The challenge was sent to category A, C, and C1 laboratories. The following scenario was presented to participants: You receive a bacteriology requisition for a throat swab sample culture after hours from a clinic or physicians office. However, you receive a tissue sample not a throat swab. The name and identifying information on the tissue sample is correctly labelled with the patient’s name and medical number, which matches the name and medical number on the requisition. You phone the clinic/ doctor’s office for clarification of the sample and requisition.  No one is available, but you leave a message. You do not receive a return phone call for the rest of the evening. How would you proceed? A. You process the sample as a tissue sample and send a preliminary report B. You process the sample as a throat swab and send a preliminary report C. You reject the sample as an inappropriate sample D. You discuss with the Director/Manager/Supervisor when she/he returns to the laboratory the following day. E. You do not process or accession the sample, but place it in the refrigerator to phone the clinic or doctor’s office again the next morning. MAIN EDUCATIONAL POINTS from PC182 1. With the inability to garner further information necessary for the making the correct judgement and determination, the laboratory should hold on to the sample for an additional 12-18 hours and once armed with more and valid information, make the right decision rather than a best guess. Full critique (PDF) Posted in Clinical Bacteriology Results, critiques
ESSENTIALAI-STEM
Page:The American Review Volume 02.djvu/585 1845.] my Greek and Latin books; they are the history of a little people. The Romans never conquered the world till they had conquered three parts of it, and were three hundred years about it; we subdue the world in three campaigns, and a globe, let me tell you, as big again as it was in their days." Nor was, as we have said, Mr, Pitt's power more strongly illustrated in his foreign than in his domestic policy, or rather in his political relations at home. He was master in the cabinet, and the intrigues which had been actively perplexing the government since the termination of Mr. Pelham's, if not of Sir Robert Walpole's administration, were forced to rest by his single predominance. On the 14th January, 1760, Lord Barrington thus describes this state of things: "If I were to give you an account of the past and present state of things here since I wrote last, I should compose a volume. For the present it may suffice that I assure you of the union, cordiality and good-will which reign at present among the king's servants. It (fortunately for them, our master and the public) is such that there never was more at any period of our time. I could not have said this three months ago, but I can safely assert it now; and I think there is every appearance that the same happy temper will continue. I verily believe that the Duke of Newcastle and' his brother (Mr. Pelham) did not more cordially wish each other to continue in their respective stations, than the Duke of Newcastle and Mr. Pitt do now; and there are less disputes and coldness by a great deal than there used to be between the two brothers. This union, great and extraordinary as it may seem, is nothing in comparison with that of the Parliament and the nation; and seem to have one mind and one object. What is most astonishing, the object in which the whole people is united is wise and good. Do not, however, imagine that this proceeds from any improvement made by our countrymen in either wisdom or virtue; for it arises solely from this: no man who can raise any sort of disturbance, finds it either convenient or agreeable to be out of humor at this time. These are happy conjunctures, and I hope and believe the proper use will be made of them." How different was the condition of things when the influence of Mr. Pitt's unimpaired vigor was removed, cannot be better shown than from the following extract, having reference to the ministry of 1769, but which is applicable to each portion of that interval of impotent intrigue and perplexity, beginning with Mr. Pitt's resignation in 1761, and ending with Lord North's premiership, in 1770: "An opinion has too long prevailed, that all ministers are alike, and that the measures proposed by all will have the same tendency. Many think the form of government not worth contending for, and very little attachment is discoverable, in the body of our people, to our excellent constitution; no reverence for the customs or opinions of our ancestors, no attachment but to private interest, nor any zeal but for selfish gratification. While party distinctions of Whig and Tory, High-Church and Low-Church, Court and Country, subsisted, the nation was divided, and each side held an opinion for which they would have hazarded everything; for both acted upon principle. If there were some who sought to alter the constitution, there were many others who would have spilt their blood to preserve it from violation. If divine hereditary right had its partisans, there were multitudes to stand up for the superior sanctity of a title founded upon an act of Parliament, and the consent of a free people. But the abolition of party names seems to have destroyed all public principles among the people; and the frequent changes of ministers, having exposed all sets of men to the public odium, and broke all bands of compact and association, has left the people but few objects for their confidence. The power of the crown was, indeed, never more visibly extensive over the great men of the nation; but then the great men have lost their influence over the lower order of the people. Even Parliament has lost much of its reverence with the subjects of the realm, and the voice of the multitude is set up against the sense of the Legislature. An impoverished and heavily burdened public; a declining trade and decreasing specie; a people luxurious and licentious, impatient of rule and despising all authority; government relaxed in every sinew, and a corrupt, selfish
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Winsome McCaughey Winsome McPherson McCaughey (Howell; born 23 October 1943), was Lord Mayor of Melbourne from 1988 to 1989. She was the second woman to hold that position after succeeding Alexis Ord. Early life Winsome Howell was born and raised on a property at Baddaginnie, in north-east Victoria, where her great-grandparents had settled in 1870. After primary school she was sent to board at Morongo Girls' College in Geelong. She studied philosophy during her Bachelor of Arts at the University of Melbourne, and resided at University College from 1962 to 1964. Career Alongside Ruth Crow, McCaughey helped found the community-based childcare movement and was founder and Director of the Community Child Care Association from 1972 to 1979. She drafted Australia's first Children's Services Policy for the Australian Social Welfare Commission. McCaughey was executive officer of the Reichstein Foundation from 1986 to 1988. McCaughey was the spokesperson for the residents' group Melbourne Voters' Action, and in 1982 was elected as a councillor of the City of Melbourne Council, topping the ward's primary vote. She remained a councillor until elected Mayor of Melbourne in 1988. When her term as Lord Mayor ended, she headed Melbourne's bid for the 1996 Olympic Games. She also spent three years as the CEO of the Australia New Zealand Food Authority (now called Food Standards Australia). McCaughey was CEO of Greening Australia for four years. McCaughey was founding executive director of the Australian Business Arts Foundation (AbaF, now Creative Partnerships Australia) from 1998 to 2005. She has been a trustee of the Helen Macpherson Smith Trust since 2010, is director of the Macpherson Smith Rural Foundation and a director of the wine company Seven Sisters Pty Ltd. In 2014, McCaughey was appointed an officer (AO) of the Order of Australia "for her distinguished service to the community, particularly to local government and early childhood development, and through a broad range of charitable organisations". Personal life She was married to Patrick McCaughey. In 1991 she met her partner, Snow Barlow, Professor of Horticulture and Viticulture at the University of Melbourne. Together they have established Baddaginnie Run, on her family's land, with the aim of growing grapes, and creating wines that reflect the area's soil and climate.
WIKI
Sete Fontes (Braga) The Sete Fontes (literally 'Seven Springs') is part of a large water supply system built in mid-18th century, that supplied potable water to the northern Portuguese municipality of Braga, until the first half of the 20th century. In reality, there are only six springs from this network that still exist, following destruction of one in the early 1990s, to allow the construction of residential homes. The remaining sections of the Sete Fontes are identifiable for the springs that are housed within their respective Mãe de aguas ('mother of waters'), which are connected via aqueducts running along the surface or through tunnels, known as minas ('mines'). History The system is located on the outskirts of the civil parish of São Victor close to the ancient Roman Geira (also known as Route XVIII). There is speculation that these springs may date to the Roman occupation, when Braga was then known as Bracara Augusta. For Braga, the necessity to support its population, came from its archbishops, which were preoccupied with these issued at least until the 16th century. Until the beginning of that century, D. Diogo de Sousa had brought water from Fonte dos Granginhos, in 1531 until Fonte de Santiago and Fonte da Pracinha, while (at the same time) constructing the fountain of Carcova, building a fountain in the Largo do Paço. The main sections of the system were constructed between 1744 and 1752, under the patronage of Archbishop D. José de Bragança (1741–1756), although it is known that his predecessor D. Rodrigo de Moura Telles (1704–1728) already completed portions of the network: first deposit dates to 1752. D. José became interested in this issue immediately after arrive in Braga, starting in August 1741, and continuing at a steady rhythm until 1744. For his part, D. Rodrigo de Moura Telles supplied water to the Hospital of São Marcos and substituted this fountain with another (the Fountain of Castelos). Friar D. Caetano Brandão (1790–1805) ordered the opening of the Mina dos orphaons ('Mine of the Orphans') around 1804 to supply water to the institution which he founded. By 1914, the network continued to function. Until the beginning of water treatment and supply from the Cávado River in 1914, the Sete Fontes was the main source of water for the city. It continued to be used until 1929, even as water continues to flow through the system. Still today water is running through the system. Although the Sete Fontes was mentioned within the city plans of Braga as late as 1994, as an important resource, beginning in the mid-1990s several developments put in cause the protection of the historical system. The Mina de Adelino Correia was destroyed in 1995, with rumour developing that the stones were stored somewhere in Braga. On 18 April 1995, a dispatch was authorized for the system's evaluation for consideration as a national monument. Preservation The 1999 city plan indicated that the upper portion of the Sete Fontes was to be destroyed in order to provide space for the construction of an extension to the national road network. During public consultations in 2003, regarding this planned 4-lane roadway, engineers indicated the need to destroy half of the Sete Fontes in order to build the expansion. The initial Environmental impact assessment (EIA) noted that at least five of the aqueducts and many minas would be affected by this construction project, but researchers at the Instituto Português do Património Arquitectónico (IPPAR), stated the project could be completed, if proper monitoring was accomplished, noting that the aqueducts should be restored after the construction was completed. The area occupied by the Sete Fontes is located in an area designated for urban expansion within the municipal plan. Many of the parcels were purchased by real estate companies and/or developers, without submitting plans for the system's preservation and rehabilitation. Although, the municipal authorities had indicated their desire to preserve the Sete Fontes as a National monument and transform the area into a municipal park, the area continued to be identified for construction and road redevelopment, in the municipal plan. In the 1999-2000 municipal plan, three of the upper minas fell within an area classified as "public utility" and were zoned for the construction of a hospital in 2002. Yet, these lands were also classified for use by the Portuguese armed forces. On one occasion, the municipal government had attempted to impede the re-classification process for the system. Concerning nationally sensitive heritage sites, Portuguese law states that the authorized patrimonial agency (IPPAR, IGESPAR or DRCNorte) has to give explicit approval for projects within 50 m of a designated structure, or group of structures. There have been no approvals under its classification file. In 2009, in order to remedy the planned construction, Estradas de Portugal suggested the construction of a bridge over Sete Fontes. In 2008, a large section of the lands, 57950 m2, were put on sale: these included the parcels that covered the Minas das Verdosas 1, Minas das Verdosas 2, Mina dos Orfãos, Mina do Respiro (near Mina das Freiras), and half Mina das Freiras, that also included various aqueducts and underground galleries. The president of the local Junta Freguesia of São Vitor thinks attempted to obtain clarification as to the status of the Sete Fontes, and the sale of these lands. Approaching the municipal authorities, on several occasions, the president had not received any answers. Yet, the director of the Direção Regional de Cultura do Norte (DRCNorte) also confirmed that there were promises to build on lands of the Sete Fontes. Inadvertently, this was also supported by claims on building densities for the area of Sete Fontes, where the municipal authority indicated that proposed densities were 25% less than first expected, in the detailed plan for Sete Fontes. Opposition politicians within the municipal council suggested that landowners within the Sete Fontes should trade their lands for others in the region, a process that was successfully implemented with the construction of the municipal stadium. By trading lands with local developers, it was assumed that the city could ensure a 20 hectare green space (that included the Sete Fontes), and a park of 56 hectares. At the time of the construction of the local hospital, the site-plan for the building partially covered the Sete Fontes complex. When contacted, the Instituto de Gestão do Património Arquitectónico e Arqueológico (IGESPAR), the patrimonial agency responsible for the site, claimed that they were unaware of the situation: the construction company had ignored the presence of Sete Fontes. During the construction, representatives of the construction company expelled at least one of the archaeologists, that by law were required to accompany the progress of the construction. This followed the drainage of loose soil downstream by rainwater, into the area of the Sete Fontes, that impaired the structural integrity of at least one of the underground galleries, altered the landscape and created ditches, affecting the Mina dos Orfãos. During the building process, Roman ruins were discovered within the area. At least one ventilation shaft for the underground gallery leading water to Mina dos Orfão was disturbed. At the end of 2008, the builders erected a fence just within the 50 m minimum demarcation zone required by Portuguese law. The Mina das Verdosas 2, and its underground gallery, were demolished in February 2011 because of a new road. The authorities (DRCNorte, Estradas de Portugal and the cabinet chief of the Secretary of State for Culture) claimed that both Mina das Verdosas 1 and 2 were never part of Sete Fontes (but in reality were never included in the IPPAR/IGESPAR classification process). In addition, both Estradas de Portugal and Braga Municipal Council claimed that the access road to the hospital would not affect Sete Fontes. By early 2011, the city's geographical information system platform continued to classify most of the terrains as suitable for construction (except for those included within the hospital's construction zone). Monument Since most of the remaining sections of the complex are on private land the process of conserving and promoting the group has been difficult. The non-governmental organization Associação para a Defesa, Estudo e Divulgação do Património Cultural e Natural ('Association for the Defence, Study and Promotion of the Natural and Cultural Patrimony') had, for a long period of time, been promoting the Sete Fontes as a National monument. The organization petitioned the IPPAR on 27 March 1995 to classify the Sete Fontes as a national monument, in dispatch 95/3-15 (1). A process was begun shortly after this request. In 2001, a proposal for the 50 m general protection zone was published, and signed by the mayor of Braga, but many structures of the Sete Fontes were excluded from the ZPE, including the two Minas das Verdosas (1 and 2), as well as the final aqueduct to Rua de Areal em Cima, which did not mention the water basin. In 2003, Sete Fontes was placed on the official evaluation for national monument status, and in May 2003, after the proposal of the IPPAR, the signed the Minister of Culture signed the decree. In May 2009, the Ministry of Culture suggested setting up Zona de Protecção Especial (ZPE) around the Sete Fontes complex, which was published later that year (although the official definition of the ZPE was never defined). Specifically, although many of the sections of the Sete Fontes were included, the areas around Minas das Verdosas (1 and 2) and aqueduct of Rua Areal em Cima were not included. The establishment of the ZPE, included provisions for public consultation and feedback, although all claims and suggestions were summarily turned down. A petition undersigned by over 6000 persons was handed over to the president of the Portuguese parliament in mid-2010. A parliamentary committee discussed these issues, and debate occurred in parliament, after which two official statements were issued indicating the support of classifying Sete Fontes as a national monument. By law, the Sete Fontes had to be classified by end of 2010, otherwise the classification would be annulled, but on the final day of 2010, the process was extended for another year. The Portuguese Council of Ministers, on 3 March 2011 decreed that they would be proceeding with the classification of Sete Fontes as a national monument, with the official notification occurring in the Portuguese official journal (Diário da República), published in 2011, which also included the definition of the special zone of protection (ZPE). A large part of the ZPE, as defined, continues to be occupied by the hospital and its access roads. The water Of the original aqueduct system, there still are some 13 springs providing potable water, regularly maintained by the municipal water supply division. This branch conducts periodic analysis of the water's quality, maintains a two-person staff to maintain and clean the system. The Sete Fontes continues to be used as a water resource, integrated within the city of Braga's strategic plan and providing water to fountains of the town squares Largo do Paço and Largo Carlos Amarante. There is one public faucet, the Bica Pública das Sete Fontes (near Mina do Dr. Amorim) that is regularly maintained and monitored (almost monthly) by the local authority of São Vítor. There also was a faucet (Poça da Monte? near Mina das Verdosas 1), but it was destroyed when the access road to the hospital was built. The name Sete Fontes gives the impression that at some time there were seven springs. In the official document defining the special protection zone (ZEP) one can count 14 endings of underground galleries, each should be a spring. But this counting ignores three underground galleries (Adelino Correia, Julio Lima and Verdosas), the spring in Respiro 1 and possibly some more springs along the underground galleries (e.g. the so-called chambers in Mina dos Orfaons and it is unclear whether one should count one or two springs for Mina das Freiras). Also, Mãe d'àgua do Dr Sampaio receives water from two aqueducts that not marked on the official map of the ZEP, so at its peak there were at least 20 springs at Sete Fontes. The São Vitor regularly tests the water coming out of the faucet near Mãe d'àgua Amorim (actually coming from a tube placed in the Capela). Since the measurements started the water has always been found to be considered suitable for drinking. The water basin seems to be mainly fed by rain water in the valley of Sete Fontes. The water flux response is in most springs quite quick to rain and some springs give very little water in dry periods giving the impression that the spring water is mostly rain water rather than coming from underground aquifer under pressure. The mineral content of the water various both in time and place. The same spring can give different levels depending on the flux of water, many increase mineralisation with higher flux. The lower lying springs in general yield higher mineral content that those at higher altitudes, but there are also differences for some elements that does not follow this trend. This has been attributed both to differences in sediment and rock layer throughout the system but also influences of domestic, industrial waste water and agricultural fertilisers seeping into the ground water. Architecture The Sete Fontes complex consists of a cluster of aqueducts and structures stretching over 3500 m in the parish of São Vítor. The network is segmented into 14 underground galleries and six junctions in an ensemble built in stone. The more prominent features of this system, are the commonly referred to as Mães de Água ('Mothers of Water'). These structures are built in Baroque style, consisting of a cylindrical structure and vaulted dome, trimmed by a circular cornice and topped with pinnacles. Each Mães de Água is decorated with a coat of arms representing its patron. Although rarely used in their identification today, the Mães de Água include (from the highest elevation): Mina do Dr. Amorim (1752), Mina do Dr. Nozes, Mina do Dr. Sampaio, Mina dos Órfãos (1804), Mina das Freiras, Mina do Dr. Alvim (de cima), Mina do Dr. Alvim (de baixo) (1744), Mina Preta, Mina das Verdosas 1, Mina das Verdosas 2 (destroyed in 2011) and Mina de Xedas/Chedas and Mina de Adelino Correia (destroyed in 1995). There are also two untitled cylindrical structures, breathers (respiros), near the Mina dos Órfãos and Mina das Freiras. The Sete Fontes is a unique specimen of 18th-century Portuguese engineering, that includes the creation of galleries and visitors chambers, the layout of underground and surface channeling of water, and the attempt to follow the valley's natural topography. The pipes are delicate works, its elements fitting snugly together, its waters branching across the system for almost 100 m between junctions. Names of the different types of structures Apart from old documents at the Mayor's Office there are at least four documents that include the names of the structures of Sete Fontes: * Maria Rodrigues 2012, Hidrodinâmica do sistema de captação das Sete Fontes : contributo para o ordenamento do território do Município de Braga * Nascimento Fonseca 1937, Projeto de aproveitamento da àgua das Minas das Sete Fontes. * Alberto Costa 1956, Mina das Sete Fonte: estrutura do complexo na zona de captação. * Plano Director Municipal de Braga 1999/2000 * Eduardo Pires Oliveira 2001, A Freguesia de São Victor Braga There are some inconsistencies in the names. The above documents use different names for the same structures. Some parts are named of the land owner (at the time of naming: Sampaio and Amorim) and others are named after the institution that paid for its construction (e.g. Mina dos Orfaons and Mina do Pópulo). This also gave the constructor the right to a certain flux of water. The more emblematic structures are alternatively called Mãe d'àgua ('mother of water'), castelo ('castle'), caixa ('box') or cúpula ('dome'). The more simple entrances are called caixas ('boxes') but sometimes person simply refer to the name of the underground gallery (mina). There are also three structures above ground which does not include a door, the respiros ('breaths'). Part of the aqueduct consists of tubings made out stone placed at ground level. There are also a number of underground springs (nascentes) but most of them have not been designated any specific name, except the one called the chapel (capela) in one of the side galleries of the Mina Chã das Sete Fontes. It is a bit unclear when the complex got the name Sete Fontes. In the municipal archives the term Sete Fontes is used at least as early as 1737. Certainly much of the structures were in place by then, even though it that is before the dates engraved in many head stones, i.e. 1744, 1752, 1761 and 1804. Caixas The caixas ('boxes') are entrances to the underground galleries. The caixas are fairly simple structures in granite. Only one is adorned with a heraldic shield. Only one has both year and name inscribed. Sometimes they are referred to as boca da mina ('mouth of the mine'). Caixa mina dos Nozes Caixa mina do Dr Nozes (also known as: Mina das Nozes). It is almost entirely below ground level, and the main portion is only visible when one stands next to it. There are two doors, the left one has a heraldic shield and a date. One leads to the main aqueduct, but is only to walk in a few meters. It has a heraldic shield with a year engraved, 1761 (or 1767). The other door leads to the underground gallery of Mina das Nozes. Caixa mina do Pópulo Simple structure, halfway sunken into the ground. It was rediscovered during the clearing of trees in an area in late 2014 (October/November?) Unknown interior. Caixa mina dos Orfaons Entrance to Mina dos Orfaons (also known as Mina dos Orfãos and Mina dos Orfãos de São Caetano) named after the institution that paid for its construction. Has the year 1804 engraved above the entrance. From here water leads in underground stone tubings to the nearby Respiro. Caixa mina Preta Entrance to the Mina Pinheiro de baixo ('lower pine tree mine'), also known as Mina Preta ('black mine'). Simple construction with a rusted metal door. A metal pipe is seen leading from it into the neighbouring Mãe d'àgua do Dr Alvim de baixo. Some parts of the system were retrofitted with metal tubings in the first half of the 20th century. Caixa mina das Chedas Simple structure with metal door. It is also known as Mina das Xedas. From it leads an aqueduct of stone pipes about 20 metres down to the main aqueduct (conduta geral). Caixa das Verdosas 1 Caixa das Verdosas 1 (also known as Mina Versosas) was partially destroyed when building the access road to the hospital. Simple structure. The water is not obviously leading to any aqueduct. Drawings from 1937 indicate an aqueduct leading to Mãe d'àgua do Dr Alvim de baixo. The nearby house use the water for irrigation. Caixa das Verdosas 2 Caixa das Verdosas 2 (also known as Mina Julio Lima and Lavarincho) was completely destroyed/dismantled during the construction of the access road to the hospital. A mock up entrance was constructed afterwards. Júlio Lima had a property in the parish of São Vicente. There is a street called Rua das Verdosas nearby this (former) underground gallery. A dug down aqueduct (stone piping) leads down to Mãe d'àgua do Dr Alvim de baixo. Caixa mina Adelino Correia Was destroyed in 1995. Drawings from early 20th depict a simple structure with junction between the aqueduct from Mina Adelino Correia and the main aqueduct (conduta geral: main conduit). Mães d'água Mãe d'água means 'mother of water '' ; this is misleading since there are no springs inside, just junctions of aqueducts. They are similar in build: cylindrical, with an entrance and rounded cupula. In 2014 they were all given a new whitish coat of cement. Inside is a "separation swirl" where the aqueducts meet, this lets sand and silt deposit thus removing from them the flowing water. The three upper have entrances to the underground whereas the lowest only has aqueducts coming, and also acts as the tool shed for the aqueceiros ('the water men'). Mãe d'água do Dr Amorim The first (or at least) the upper most structure above ground (also called Caixa n 1). With the Bragança family's large heraldic shield and the year 1752 engraved above the entrance. Water leads from two underground galleries: Mina Chã das Sete Fontes (from southeast) and Mina dos Ribeirinhos (from northeast). From here the water leads in an underground aqueduct (stone pipes) to Caixa Mina do Dr Nozes. Mãe d'água do Dr Sampaio Cylindrical structure (also called caixa n 3) which receives water from Mina do Pópulo and Caixa da Mina do Dr Nozes (conduta geral). The former is quite simple in its finish. As it leads in the Mãe d'água one can find an outline drawing of the adornment at the top of this Mãe d'água. Inside is a "separation swirl". From here the main conduit in ground-level stone tubing continues down to the respiro next to Mina dos Orfaos. Next to the entrance is an Egyptian-style eye engraved into the stones of a low wall. Mãe d'água do Dr Alvim em cima Cylindrical structure (also called caixa n 5 and Mãe d'água Gemea de cima: upper twin mother of water) with the year 1744 engraved above the entrance. It receives water from the main conduit (via the Respiro next to Mina dos Orfaons) and Mina do Pinheiro de cima ('upper pine tree mine') which in turns receives water from Mina das Freiras ('nuns' mine'). It has a "separation swirl" inside. From here the main conduit in ground-level stone tubing continues down to Mãe d'água do Dr Alvim de baixo. Mãe d'água do Dr Alvim em baixo Very similar to its twin (caixa n 6 and called the lower twin) and also with 1744. It receives water from 3 directions: 1. Main conduit (from the upper twin), 2. Mina Preta (Mina Pinheiro de baixo) and 3 Minas Julio Lima (Lavarincho/Verdosas 2) and Verdosas (Verdosas 1). The latter have dried out (see more in the below sections on the aqueduct). Inside is a "separation swirl". Only tubings lead here. Notably iron tubing from Mina Preta, which obviously is not part of the original design. From here the water leads into town in the main down conduit at ground level via the now-destroyed Mina do Adelino Correia. Respiros The structures called respiros ('breaths') or ventosa ('cup') with small openings at the top have unclear function. All three of them are situated on top of a spring, from which lead an underground gallery (mina). A popular hypothesis is that somehow the underground galleries need to breathe in order not to create suction that would prevent the water to flow. But the entrances which recently were given doors would yield ample flux of air through the underground galleries. Perhaps it is more to let bats in so that they can eat bugs living in there. Respiro 1 Cylindrical structure with a flat roof with small holes in it (also called respiro 1). Has its own spring and receives water from both the main conduit (via Mãe d'àgua do Dr Sampaio) and Mina dos Orfaons. From outside it looks quite narrow but inside the base is it almost three meters wide, normally full with shallow water. At the top one can see a vault that inside the platform one sees from the outside, above which extends almost three meters of more narrow cylinder (approximately one meter inner diameter). From here water leads in an underground gallery to Mãe d'àgua dr Dr Alvim de cima. Respiro 2 Cylindrical structure very similar to Respiro 1. From here water leads in an underground gallery to Mãe d'àgua dr Dr Alvim de cima. From spring to rooms is more than five meters. The spring once had dried out when the Mina Preta (Pinheiro de baixo) was built (or repaired); it essentially extends under this Respiro. Respiro da Mina das Freiras Octagonal structure with a pointy top approximately two meters wide, also with holes in it. It has spring the only gives water after heavy rain, but also receives water from a spring in an upstream underground gallery. From spring to roof is approximately five meters. From here the water leads in underground gallery to the underground gallery of Mina Pinheiro de cima. Aqueduct in stone tubes The tubings of the aqueduct seen at ground level is made out of local granite (there are two kinds in this area), and so is everything else. The sections are little over one meter long with square cross section of four dms and bore of one dm radius. Each section has a male and female end which fits fairly snugly into its neighbour. Most have a square hole upwards which is capped with a stone and a kind of concrete. The same concrete is used to seal the gaps in the connections. The upper hole is opened in order to clean the tubings, especially to remove the so-called fox tails (raposas) which are bundles of tree roots invading the aqueducts. Some loose pieces of the aqueduct are on display next to Mãe de àgua do Dr Alvim de cima. Below MdA Sampaio From here the main conduit is an unusually steep slope for approximately 20 metres before it goes underground. Above MdA Alvim em cima (two) The two sections above Alvim em cima are actually the ceilings of underground galleries. Below MdA Alvim em cima The main conduit is almost horizontal here, and surrounded by meter-high walls on both sides. One side with stone, the other is mainly dirt, but eventually becomes the outer wall of Mina Preta. On some sections one can see the pillow (almofada) finish that is said be a Roman design. In some sections one can see wedge-formed grooves on the outer edges. This is from the use of wooden wedges that are put in water to expand to cut the stones. Below MdA Alvim em baixo From here the main conduit leads to the conduit from Mina Chedas and to Adelino Correia. For a little over 100 metres the aqueduct is resting on stones, and is in fact above-ground level. It makes some twists and turns on its way. On most days one can see water leaking out. During and after heavy rain the flux of leaks is quite dramatic. Some parts seems to have rows of stones creating a kind of external support structure. Below Chedas A short ground-level main conduit (approximately 20 metres) leads into the main conduit. The stones in this section are much more uneven (less worked) than other sections. Sections do not have square cross sections. From here the ground level aqueduct leads to Adelino Correia. Below Adelino Correira It is unclear whether the section next to the former Mina Adelina Correia is still intact. The section is now underground because of the construction works here in 1995. There is an aqueduct upstream and downstream. Downstream the aqueduct is partially intact all the way until the road Rua Areal de cima. Some parts are contained within high stone walls; some parts are under or partially under residential buildings. The last bit until the Rua Areal de cima de aqueduct is placed in an "alley" between villas. From here in leads the underground aqueduct into town. Probably in more than one place aqueducts from other springs feed (or did feed) into the system. Structures below ground The underground galleries are fairly unexplored. The guided tours normally only show the two underground galleries leading into Alvim de cima and Mina Chã das Sete Fontes up to the chapel. The water men (aqueceiros) obviously have seen most of the system. But some parts, especially the sections under the parking lot of the new hospital, are only good for crawling.
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se, lallero Etymology The first element being a dialectal variant of, and the second one an onomatopoeia used for mocking the person's sincerity (compare , also used for mocking). Pronunciation (pronounced with a pause between the words) Interjection * 1) yeah, right; yeah, sure; sure thing (in an ironic fashion):
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Sae Nanjo Sae Nanjo (born 15 July 1999) is a Japanese freestyle wrestler. She won one of the bronze medals in the women's 57kg event at the 2021 World Wrestling Championships in Oslo, Norway. In 2017, she won the gold medal in the women's 55 kg event at the Asian Wrestling Championships held in New Delhi, India. She won the gold medal in women's 57kg event at the 2022 U23 World Wrestling Championships held in Pontevedra, Spain. In 2023, she won the gold medal in her event at the Asian Wrestling Championships held in Astana, Kazakhstan.
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Nanoplasmonic Biosensing - Exploring Unique Possibilities Doctoral thesis, 2010 Bioanalytical sensors are indispensible tools in medical diagnostics and drug discovery as well as for life science research, environmental monitoring and food safety. In essence, they are used to detect and determine the concentrations of specific biomolecules in complex mixtures. In this work, challenges of current technologies are addressed using biosensors based on the peculiar optical properties of metal nanostructures and in particular, the sensitivity of these nanoplasmonic properties to changes in the refractive index of the surrounding environment. The main focus has been to explore unique possibilities provided by nanoplasmonic sensors. This includes utilizing the tight confinement of the sensitivity to the surface to investigate structural biomolecular changes. Nanoplasmonic structural sensing was further investigated using combined nanoplasmonic and quartz crystal microbalance (QCM) measurements. This was conducted using a thin gold film perforated with nanoholes, which served as both the nanoplasmonic sensor and one of the electrodes of the QCM sensor. Even with the most sensitive surface-based sensor, molecules can only be detected if they reach the surface and bind. In fact, the transport of molecules to the sensor surface can be a limiting factor for the performance of a biosensor. Ways of improving mass transport were investigated by (i) flow-through sensing using nanoplasmonic pores and (ii) directed binding to high-sensitivity nanoscale regions using materials-specific surface modifications. Both concepts were shown to enable a reduction in the sensor response time of more than one order of magnitude compared with conventional diffusion-limited binding. Finally, one reason for the potential of nanoplasmonic sensors stems from their competitive performance combined with relatively simple instrumentation and the possibility for scalable and low-cost fabrication. Steps towards a portable nanoplasmonic sensor device, for example to be used for medical diagnostics at point-of-care, were taken by integrating the opto-electrical conversion directly on the sensor chip. This was achieved by designing the nanoplasmonic sensor structure on an array of photoactive diodes. By simple means, specific protein binding could be detected in a label-free and real-time format through changes in the photocurrent output. biosensor nanoholes nanopores nanofabrication localized surface plasmon resonance quartz crystal microbalance nanoplasmonics structural sensing artificial cell membrane Kollektorn, Kemivägen 9, Göteborg, Chalmers tekniska högskola Opponent: Prof. Harold Craighead, School of Applied and Engineering Physics, Cornell University, Ithaca, NY, USA Author Magnus Jonsson Chalmers, Applied Physics, Biological Physics Locally Functionalized Short-Range Ordered Nanoplasmonic Pores for Bioanalytical Sensing Analytical Chemistry,; Vol. 82(2010)p. 2087-2094 Journal article Nanoplasmonic biosensing with on-chip electrical detection Biosensors and Bioelectronics,; Vol. 26(2010)p. 1131-1136 Paper in proceeding Subject Categories Telecommunications Atom and Molecular Physics and Optics Biophysics Other Industrial Biotechnology Condensed Matter Physics ISBN 978-91-7385-463-4 Doktorsavhandlingar vid Chalmers tekniska högskola. Ny serie: 3144 Kollektorn, Kemivägen 9, Göteborg, Chalmers tekniska högskola Opponent: Prof. Harold Craighead, School of Applied and Engineering Physics, Cornell University, Ithaca, NY, USA More information Created 10/7/2017
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A quarter of Republicans say Trump provides weak moral leadership (CNN)Twenty-two percent of Republicans think Donald Trump provides somewhat or very weak moral leadership as President, according to a Gallup poll released Tuesday. Fifty-nine percent of Americans say the same, with 60% of independents and 91% of Democrats agreeing. When asked if they think it is important for the President to provide moral leadership for the country, Democrats were the most likely to say it was important (77%). Only 63% of Republicans and 62% of independents agreed. Those numbers have changed substantially since the Clinton administration. Between 1994-1999, 86% of Republicans thought it was important for the President to provide moral leadership, with a 23-point decrease to 63% in 2018. Democrats have increased by 13 points, with only 64% agreeing with the significance of moral leadership during the Clinton era versus 77% during Trump's presidency. Both President Clinton and President Trump have faced scandals during their tenure, in office and during campaigns, with the partisan switch reflecting that Republicans now view morality as a less important issue. It was Democrats who were more ambivalent during Clinton's administration. During the 2000 Republican National Convention, George W. Bush cited the Monica Lewinsky scandal and promised the restoration of honor and dignity to the White House, a rallying message for conservative voters. Now, 77% of Republicans consider the President to be "morally strong." That is comparable to when Clinton was elected in 1996, with 78% of Democrats saying the same. However, when he was impeached in 1998, the number of Democrats who said Clinton was morally strong dropped 32-points. Despite this drop for Clinton on morality, his overall approval rating held strong among Democrats. Independents are less likely to consider the President Trump morally strong than they were for Bill Clinton pre-impeachment -- 38% strong for Trump and 46% strong for Clinton early in his presidency, respectively. During the Clinton administration, 69% of independents believed providing moral leadership was important and 62% of independents said the same during the Trump administration -- about on par with the answer from Republicans.
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A simple solution to that rockin’ trailer By Jim Twamley If you have a travel trailer or fifth wheel you know about rock-n-roll — and I’m not referring to music. When you step onto your RV steps do they sink a little, causing the whole rig to move? You can brace the steps but that won’t solve the problem, especially in long rigs. You’ll still get movement whenever you walk around inside. You could purchase those dandy braces that look like an erector set when you’re done, and they do help. Or, you could install two additional scissor jacks in front of the tires. This gives you a total of six stability points (seven if you have a fiver kingpin stabilizer). I got this idea from an RVer who installed these on his Luxury by Design fiver. They really do add considerable stability to your rig. Now you can dance the night away without squeaking and creaking. [Editor’s note: Jim’s thoughts aren’t all that expensive, either. For a little more than $40 plus shipping for 5,000 lbs. lifting capacity per jack, or about $75 with free shipping if you have Prime for 6,500 lbs. lifting capacity per jack, you can pick up a pair of stabilizer jacks from Amazon. These both provide up to 24″ extended height. They can be installed by an RVer with a small amount of do-it-yourselfer skill and some rudimentary tools.] Related
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It’s the standout piece in the latest collection from the Brazilian brand, which takes its influence from maritime forms. Feeling For | H. Stern’s Ocean-Inspired Gold-and-Diamond Bracelet Looking again to nature as its muse, the Brazilian jewelry house H. Stern follows up the space-influenced Copernicus collection with its Iris collection, which draws its shapes from the sea. Rounded seashells, curved octopus arms and spherical sea urchins take form in gold earrings and rings. The standout piece in the series is a rose-gold bracelet, backed with noble gold (H. Stern’s unique blend of 18-karat yellow gold and 18-karat white gold) and covered in cognac-colored diamonds, that evokes the motion of crashing waves.
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Edo neo-Confucianism Edo Neo-Confucianism, known in Japanese as Shushi-Gaku (朱子學), refers to the schools of Neo-Confucian philosophy that developed in Japan during the Edo period. Neo-Confucianism reached Japan during the Kamakura period. The philosophy can be characterized as humanistic and rationalistic, with the belief that the universe could be understood through human reason, and that it was up to man to create a harmonious relationship between the universe and the individual. The 17th-century Tokugawa shogunate adopted Neo-Confucianism as the principle of controlling people and Confucian philosophy took hold. Neo-Confucians such as Hayashi Razan and Arai Hakuseki were instrumental in the formulation of Japan's dominant early modern political philosophy. History Neo-Confucianism has its origins in the Chinese Tang dynasty; the Confucianist scholars Han Yu and Li Ao are seen as forebears of the Neo-Confucianists of the Song dynasty. The Song dynasty philosopher Zhou Dunyi is seen as the first true "pioneer" of Neo-Confucianism, using Daoist metaphysics as a framework for his ethical philosophy. Neo-Confucianism developed both as a renaissance of traditional Confucian ideas, and as a reaction to the ideas of Buddhism and religious Daoism. Although the Neo-Confucianists denounced Buddhist metaphysics, Neo-Confucianism did borrow Daoist and Buddhist terminology and concepts. Neo-Confucianism was brought to Japan during the late Kamakura period. It was spread as basic education for monks in training and others of the Five Mountain System (Gozan) network of Zen temples while its theory was completed by annotations brought by the monk Yishan Yining, who visited Japan in 1299 from the Yuan dynasty, in the form of the Cheng-Zhu school of Neo-Confucianism. Moreover, Neo-Confucianist thought derived from the works of Cheng Yi, Cheng Hao, and Zhu Xi, and the then-orthodox ideology of China and Korea. The rise of Neo-Confucianism in Japan was aided by state support from the Tokugawa government, who encouraged the establishment of national secular ideology as a method of strengthening political rule over the country. The philosophy had arrived earlier in the 14th century, but knowledge of it was limited to Zen monasteries, who saw Confucianism as intellectually interesting, but secondary to Zen, and some schools like the Ashikaga Gakko. Three main traditions of Neo-Confucian studies developed in Japan. The Shushigaku, based on the Chinese school of the philosopher Zhu Xi, became the cornerstone of education, teaching as cardinal virtues filial piety, loyalty, obedience, and a sense of indebtedness. The Ōyōmeigaku centred upon the teachings of the Chinese philosopher Wang Yangming, who held self-knowledge to be the highest form of learning and placed great emphasis on intuitive perception of truth. The Kogaku school attempted to revive the original thought of the Chinese sages Confucius and Mencius, which it felt had been distorted by the other Japanese Neo-Confucian schools. Neo-Confucianism is considered as the controlling ideology of the Tokugawa period (1603–1867), which has frequently been interpreted within the framework of modernization theories which regard the growth of Neo-Confucianism during this time as a movement towards rational, secular thought in contrast to the predominantly spiritual and religious concerns of medieval Buddhism. The pioneering Japanese Neo-Confucian was Fujiwara Seika, a former Zen practitioner interested in Confucian thought, who eventually rejected Zen ideas to become one of Neo-Confucianism's foremost advocates in Japan. Fujiwara's student, Hayashi Razan, served the Tokugawa shōguns, and through state patronage was able to establish the Shoheiko academy. After the Kansei Edict established Neo-Confucianism as Japan's official ideology, the Shoheiko academy became the premier authority on Confucian orthodoxy. Although heterodox schools of Neo-Confucianism were officially banned, the schools still persisted in Japan. The Japanese philosopher Toju Nakae is one such case, who was more influenced by the heterodox Wang Yangming than he was by the orthodox Zhu Xi. The influence of Neo-Confucianism was challenged by the rise of the Kokugaku philosophical school in the 17th and 18th centuries. Kokugaku advocates argued that the ancient Japanese were better representatives of Confucian virtues than the ancient Chinese were, and that there should be more intellectual focus on ancient Japanese classics and the indigenous religion of Shinto. Although philosophical competitors, Kokugaku and Neo-Confucianism would co-exist as the dominant philosophical thought of Japan until the arrival of Western philosophy during the Meiji period. Philosophy Like Chinese and Korean Confucianism, Edo Neo-Confucianism is a social and ethical philosophy based on metaphysical ideas. The philosophy can be characterized as humanistic and rationalistic, with the belief that the universe could be understood through human reason, and that it was up to man to create a harmonious relationship between the universe and the individual. A leading direction in Edo Neo-Confucianism is the school of "principle" (Japanese: ri). It is related with the discovery and practice of principles and laws, and is predominantly represented by Zhu Xi. Another leading direction is the school of "intuition" (Japanese: shin). It is associated with immediate intuition and action, springing from the spontaneous knowledge of right and wrong, which is obtained by means of self-cultivation and led by innate intuitive insight. It is principally embodied by Wang Yangming and his followers. The rationalism of Neo-Confucianism is in contrast to the mysticism of the previously dominant Zen Buddhism in Japan. Unlike the Buddhists, the Neo-Confucians believed that reality existed, and could be understood by mankind, even if the interpretations of reality were slightly different depending on the school of Neo-Confucianism. "But the spirit of Neo-Confucian rationalism is diametrically opposed to that of Buddhist mysticism. Whereas Buddhism insisted on the unreality of things, Neo-Confucianism stressed their reality. Buddhism and Taoism asserted that existence came out of, and returned to, non-existence; Neo-Confucianism regarded reality as a gradual realization of the Great Ultimate... Buddhists, and to some degree, Taoists as well, relied on meditation and insight to achieve supreme reason; the Neo-Confucianists chose to follow Reason." The social aspects of the philosophy are hierarchical with a focus on filial piety. This created a Confucian social stratification in Edo society that previously had not existed, dividing Japanese society into four main classes: the samurai, seen as the Japanese equivalent of the Chinese scholar-bureaucrats, at the top of the social hierarchy, then the farmers, artisans, and merchants. The samurai were especially avid readers and teachers of Confucian thought in Japan, establishing many Confucian academies. Neo-Confucianism also introduced elements of ethnocentrism into Japan. As the Chinese Neo-Confucians had regarded their own culture as the center of the world, the Japanese Neo-Confucians developed a similar national pride. This national pride would later evolve into the philosophical school of Kokugaku, which would later challenge Neo-Confucianism, and its perceived foreign Chinese origins, as the dominant philosophy of Japan. Influences Neo-Confucianism in the Tokugawa period contributed to the development of the bushido (code of warriors). The emphasis of Neo-Confucianism on the study of Chinese classics furthered a sense of history among the Japanese and led in turn to a renewed interest in the Japanese classics and a revival of Shintō studies. Most importantly, Neo-Confucianism encouraged scholars to concern themselves with the practical side of human affairs, with law, economics, and politics. Many Japanese historical figures have addressed the importance and influences of the Edo Neo-Confucianism. Mishima Yukio, for example, wrote the treatise, "Wang Yang-ming doctrine as a revolutionary philosophy". Japanese reformers have also commented on the influences of Edo Neo-Confucianism in Japan at several times. Uchimura Kanzo wrote in Representative Men of Japan, that under the impact of Wang Yangming philosophy, the Japanese people were not afraid, timid, conservative, or reactionary when confronted with the modern challenges, but ready to fight and achieve modernization. Edo Neo-Confucianism was a prototype for action and a source of psychological, emotional, and intellectual confidence and strength for many before and after the Meiji Restoration, and continues to inspire the Japanese people. Some scholars also believed that Edo Neo-Confucianism kept the Japanese elite from converting to Christianity. Yet others argue ideas of Edo Neo-Confucianism helped Japanese people to convert to Christianity. Members of the Kumamoto band turned Protestant against the wishes of their families and justified their decision by referring to Wang Yangming's doctrine of intuitive. Neo-Confucianists * Fujiwara Seika (1561–1619) * Hayashi Razan (1583–1657) * Nakai Tōju (1608–1648) * Yamazaki Ansai (1619–1682) * Kumazawa Banzan (1619–1691) * Kinoshita Jun'an (1621–1698) * Yamaga Sokō (1622–1685) * Itō Jinsai (1627–1705) * Kaibara Ekken (aka Ekiken) (1630–1714) * Satō Naokata (1650?–1719) * Asami Keisai (1652–1712) * Arai Hakuseki (1657–1725) * Muro Kyūsō (1658–1734) * Miyake Sekian (1665–1730) * Ogyū Sorai (1666–1728) * Amenomori Hōshū (1668–1755) * Itō Tōgai (1670–1736) * Matsumiya Kanzan (1686–1780) * Goi Ranshū (1697–1762) * Nakai Chikuzan (1730–1804) * Hosoi Heishu (1728–1801) * Ōshio Heihachirō (1793–1837) * Yamada Hōkoku (1805–1877)
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Details zur Publikation Referenztyp Zeitschriften DOI / URL Link Volltext Shareable Link Titel (primär) Liquid chromatography/isotope ratio mass spectrometry analysis of halogenated benzoates for characterization of the underlying degradation reaction in Thauera chlorobenzoica CB‐1T Autor Franke, S.; Kümmel, S.; Nijenhuis, I.; Journal / Serie Rapid Communications in Mass Spectrometry Erscheinungsjahr 2018 Department ISOBIO; Band/Volume 32 Heft 11 Sprache englisch; POF III (gesamt) T41; Supplements https://onlinelibrary.wiley.com/action/downloadSupplement?doi=10.1002%2Frcm.8113&file=rcm8113-sup-0001-SI.pdf Abstract Rationale Halogenated benzoic acids occur in the environment due to their widespread agricultural and pharmaceutical use. Compound‐specific stable isotope analysis (CSIA) has developed over the last decades for investigation of in situ transformation and reaction mechanisms of environmental pollutants amenable by gas chromatography (GC). As polar compounds are unsuitable for GC analysis we developed a method to perform liquid chromatography (LC)/CSIA for halogenated benzoates. Methods LC/isotope ratio mass spectrometry (IRMS) utilizing a LC‐Surveyor pump coupled to a MAT 253 isotope ratio mass spectrometer via a LC‐Isolink interface was applied. For chromatographic separation a YMC‐Triart C18 column and a potassium hydrogen phosphate buffer (150 mM, pH 7.0, 40°C, 200 μL mL−1) were used, followed by wet oxidation deploying 1.5 mol L−1 ortho‐phosphoric acid and 200 g L−1 sodium peroxodisulfate at 75 μL mL−1. Results Separation of benzoate and halogenated benzoates could be achieved in less than 40 min over a concentration range of 2 orders of magnitude. Under these conditions the dehalogenation reaction of Thauera chlorobenzoica 3CB‐1T using 3‐chloro‐, 3‐bromo‐ and 4‐chlorobenzoic acid was investigated resulting in inverse carbon isotope fractionation for meta‐substituted benzoic acids and minor normal fractionation for para‐substituted benzoic acids. Together with the respective growth rates this led to the assumption that dehalogenation of para‐halobenzoic acids follows a different mechanism from that of meta‐halobenzoic acids. Conclusions A new LC/IRMS method for the quantitative determination of halogenated benzoates was developed and used to investigate the in vivo transformation pathways of these compounds, providing some insights into degradation and removal of these widespread compounds by T. chlorobenzoica 3CB‐1T. ID 20336 dauerhafte UFZ-Verlinkung https://www.ufz.de/index.php?en=20939&ufzPublicationIdentifier=20336 Franke, S., Kümmel, S., Nijenhuis, I. (2018): Liquid chromatography/isotope ratio mass spectrometry analysis of halogenated benzoates for characterization of the underlying degradation reaction in Thauera chlorobenzoica CB‐1T Rapid Commun. Mass Spectrom. 32 (11), 906 - 912  
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User:BaconTrueFacts Humans can turn in to bacon. I know that this is possible as I use to be a human being but then bacon become a big part of life leading me to marry a strip of bacon, and all of his friends that I didn't like where eaten by myself, meaning I did not like a lot of his friends. I then became highly depressed and ate more bacon, leading me to change colour after a few days. I slowly changed colour and my joints started weakening, I had no idea what was happening. Then I was seen by a doctor who told me he had no idea what had happened and that maybe I should lay off eating all the bacon because it obviously wasn't doing me any good. But I just couldn't stop eating it and then slowly became more like a strip of bacon. However I have lost one of my legs as a result to being tastey like bacon because one of my good friends named Farris Campbell, 14, from London, well, she ate it. My name is Chloe Maclean, and I am a strip of bacon that once was a human being. I am not upset by the change to my life as it was ovbiously for the best, and now me and my husband can connect more bakingly. Currently me and my husband are on a get away trip from all cheffs as we believe we're to young to die. Yours Sincerly Chloe Maclean. PS; no harm to bacon, when you eat please enjoy as once it may have been a human to.
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User:EdChem/Notes Insertion reaction * carbene insertion and carbene C-H insertion * decamethyltitanocene * olefin insertion (ie. intramolecular Wilkinson's catalyst intermolecular Shell higher olefin process) * oxidative addition and CO insertion steps of the Monsanto process * migratory insertion * carbenoid * azide Unreferenced BLP's: * 1) Ernesto Benedettini – unref'd since 06/2009 – before I made any changes and cumulative diff showing 2 added refs and content * 2) Stipe Erceg – BLPprod & unref'd since 10/2008 – before I made any changes and cumulative diff showing 2 added refs and content * 3) Bajram Kosumi – unref'd since 03/2008 – before I made any changes and cumulative diff showing 3 added refs and content * 4) Loleta Didrickson – unref'd since 10/2010 – before I made any changes and diff showing 2 added refs * 5) Silvestre Siale Bileka – unref'd since 10/2008 – before I made any changes and cumulative diff showing 2 added refs and content * 6) Vaneta Becker – unref'd since 03/2009 – before I made any changes and cumulative diff showing 2 added refs and content * 7) Pablo Ruiz (Argentine singer) – BLPprod & unref'd since 10/2010 – before I made any changes and cumulative diff showing 9 added refs and content * 8) Forbes Masson – unref'd since 03/2008 – before I made any changes and cumulative diff showing 4 added refs and content * 9) Michael Egan (author) – unref'd since 02/2008 – before I made any changes and cumulative diff showing 2 added refs and content * 10) Matthew Scannapieco – unref'd since 06/2008 – before I made any changes and cumulative diff showing 5 added refs and content * 11) Oxana Yablonskaya – unref'd since 06/2008 – before I made any changes and cumulative diff showing 6 added refs and content * 12) Robert Olmstead – unref'd since 03/2008 – before I made any changes and cumulative diff showing 6 added refs and content * 13) Robert Suettinger – unref'd since 03/2008 – before I made any changes and cumulative diff showing 5 added refs and content * 14) Nyam-Osoryn Tuyaa – unref'd since 06/2008 – before I made any changes and cumulative diff showing 4 added refs and content * 15) Gregg Gonsalves – unref'd since 07/2008 – before I made any changes and cumulative diff showing 4 added refs and content * 16) Baghdadi Mahmudi – unref'd since 08/2008 – before I made any changes and cumulative diff showing 4 added refs and content * 17) Melvin Steinberg – unref'd since 03/2008 – before I made any changes and cumulative diff showing 11 added refs and content * 18) Meli Saubulinayau – unref'd since 09/2008 – before I made any changes and cumulative diff showing 6 added refs and content * 19) Rick Clayburgh – unref'd since 07/2008 – before I made any changes and cumulative diff showing 7 added refs and content * 20) Melania Carolina Hotu Hey – unref'd since 03/2008 – before I made any changes and cumulative diff showing 6 added refs and content
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Page:United States Statutes at Large Volume 79.djvu/1427 79 STAT. ] PRIVATE LAW 89-139-OCT. 21, 1965 1387 bursing officer of the Ignited States, full credit shall be given for the amount for which liability is relieved by this Act. Srx:;. 2. The Secretary of the Treasury is authorized and directed to pay out of any money in the Treasury not otherwise appropriated, to the said Mrs. Clara W. Dollar, the sum of any amounts received or withheld from her on account of the overpayments referred to in the first section of this Act: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on accomit of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall l>e deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. Approved October 19, 1965. Private Law 89-138 AN ACT October 20, For the relief of William S. Perrigo. 1965 [H. R. 6726] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That WiHiam S. Perrigo of Beloit, Wisconsin, is relieved of all liability to pay to the Veterans' Administration the sum of $484, representing the amount now held due in order to pay up insurance premiums in full on national service life insurance policy numbered V167593, and that the said policy issued to William S. Perrigo shall be considered as fully paid up, without further payment, as of July 29, 1947, when he complied with the requirements and paid the amount of $3,060.30 then quoted and requested by the Veterans' Administration to pay up the policy in full; it having been found by the Veterans' Administration sixteen years later that such payment was based upon an erroneous quotation and insufficient by $484 to pay up the policy in full. The Administrator of Veterans' Affairs is authorized and directed to refund to the said William S. Perrigo the sum of any amounts received or withheld from him on account of the $484 payment said to be due and to transfer the sum of $484 plus interest from the national service life insurance appropriation to the national service life insurance fund to accomplish the purposes of this Act. Approved October 20, 1965. wiiuam s. ^'•"^°- Private Law 89-139 AN ACT October 21, 19 65 For the relief of Doctor Orhan Metin Ozmat. [H. R. 158I9] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purposes of the Immigration and Nationality Act, Doctor Orhan Metin Ozmat shall be held and considered to have complied with the requirements of section 316 of the Act as they relate to residence and phvsical •^ presence. Approved October 21, 1965. ••• «' ^''- orhan Metin ^^ s*^*- 242. 8 USC 1427. �
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Sgt B Sgt B - 1 year ago 70 Perl Question Regex works, but receive warning: matches null string many times in regex errors I've got a string that has a number of components I need to extract. These are well formed and predictable, but the order in which they appear varies. Below is a snippet that illustrates what the strings may look like and the regex I'm using to extract the information I need. This code works and I get the output expected. my $str1 = '(test1=cat)(test2=dog)(test3=mouse)'; # prints cat\ndog\mouse $str1 = '(test1=cat)(test3=mouse)(test2=dog)(test1=cat)'; # prints cat\ndog\nmouse $str1 = '(test3=mouse)(test1=cat)'; # prints cat\nempty\nmouse $str1 = '(test3=mouse)(test2=dog)'; # prints empty\ndog\nmouse my $pattern1 = '(?=.*\(test1=(.*?)\))*(?=.*\(test2=(.*?)\))*(?=.*\(test3=(.*?)\))*'; if (my @map = $str1 =~ /$pattern1/) { foreach my $match (@map) { say $match if $match; say "empty" if !$match; } } The expected and received outcome for the last string above is as follows: empty dog mouse However, in addition to the expected response are the following warnings: (?=.*\(test1=(.*?)\))* matches null string many times in regex; marked by <-- HERE in m/(?=.*\(test1=(.*?)\))* <-- HERE (?=.*\(test2=(.*?)\))*(?=.*\(test3=(.*?)\))*/ at /path/to/scratch1.pl line 32. (?=.*\(test2=(.*?)\))* matches null string many times in regex; marked by <-- HERE in m/(?=.*\(test1=(.*?)\))*(?=.*\(test2=(.*?)\))* <-- HERE (?=.*\(test3=(.*?)\))*/ at /path/to/scratch1.pl line 32. (?=.*\(test3=(.*?)\))* matches null string many times in regex; marked by <-- HERE in m/(?=.*\(test1=(.*?)\))*(?=.*\(test2=(.*?)\))*(?=.*\(test3=(.*?)\))* <-- HERE / at /path/to/scratch1.pl line 32. This tells me that while my regex works, it may have some problems. How could I adjust the above regex to continue to work as expected while eliminating the warnings? Here are a few constraints I have to work with: • The order of the results must be maintained (e.g., "test1" will always be the first element of the array) • The field names aren't really "testN", there are a number of unique ones I have to work with, these are static values • Duplicates are fine, but the last one should be used (the above script does this) I don't normally work with lookarounds so my mistake might be rudimentary (hopefully). Any advice or feedback is much appreciated. Thanks! Edit - Running Perl 5.20 Answer Source Matching a look-ahead (?=...) multiple times doesn't make sense. It doesn't consume any data from the object string, and so if it matches once it will match indefinitely The main change that you need to make is to replace (?=.*\(test1=(.*?)\))* etc. with (?=.*\(test1=(.*?)\))?. That just makes your look-ahead "optional", and will get rid of your warnings use strict; use warnings 'all'; use Data::Dump; my $pattern = qr/ (?= .* \( test1= (.*?) \) )? (?= .* \( test2= (.*?) \) )? (?= .* \( test3= (.*?) \) )? /x; my @strings = qw/ (test1=cat)(test2=dog)(test3=mouse) (test1=cat)(test3=mouse)(test2=dog)(test1=cat) (test3=mouse)(test1=cat) (test3=mouse)(test2=dog) /; for my $str ( @strings ) { next unless my @map = $str =~ /$pattern/; $_ //= 'empty' for @map; dd \@map; } output ["cat", "dog", "mouse"] ["cat", "dog", "mouse"] ["cat", "empty", "mouse"] ["empty", "dog", "mouse"] However, this sounds like another case of getting a single regex pattern to do too much work. You are writing in Perl, so why not use it? The following code assumes the same header as the full program above, up to and including the definition of @strings. The for loop is all that I have changed for my $str ( @strings ) { my @map = map { $str =~ / \( test$_= ( [^()]* ) \)/x ? $1 : 'empty' } 1 .. 3; dd \@map; } output ["cat", "dog", "mouse"] ["cat", "dog", "mouse"] ["cat", "empty", "mouse"] ["empty", "dog", "mouse"] Or it may be that something different is appropriate. Hashes are useful for this sort of thing for my $str ( @strings ) { my %map = $str =~ / \( ( test\d+ ) = ( [^()]* ) \) /gx; dd \%map; } output { test1 => "cat", test2 => "dog", test3 => "mouse" } { test1 => "cat", test2 => "dog", test3 => "mouse" } { test1 => "cat", test3 => "mouse" } { test2 => "dog", test3 => "mouse" }
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Verizon Wireless Ranks Tops In Network Performance « CBS Detroit By Edward Cardenas SOUTHFIELD (CBS Detroit) – Verizon Wireless received the highest award for overall network performance in Michigan Tuesday from the independent mobile analytics firm RootMetrics. Verizon Wireless also scored highest in the categories of data, reliability and speed in the RootMetrics second U.S. State RootScore Reports. These most recent studies are further confirmation of our continued commitment to deliver on our brand promise of providing customers with the best network experience, said Lauren Love-Wright, Region President, Michigan/Indiana/Kentucky for Verizon Wireless in a release. The consistent reliability, quality and performance of our network provide a solid foundation for new technology and innovation that we will continue to deliver to our customers in the coming months and years ahead. RootMetrics bi-annual national conducted tests between January and June 2014, and ranked the four major U.S. wireless providers in six categories: overall, reliability, speed, data, call and text network performance. Verizon Wireless also received top or joint top rankings in 115 out of 125 markets, including Detroit, Grand Rapids, Lansing, Flint, and Ann Arbor, according to RootMetrics. Please log in using one of these methods to post your comment: You are commenting using your Twitter account. ( Log Out / Change ) You are commenting using your Facebook account. ( Log Out / Change ) You are commenting using your Google+ account. ( Log Out / Change ) Connecting to %s Notify me of new comments via email. Notify me of new posts via email. Watch & Listen LIVE
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Weight Loss Secrets That Work You can become stressed if you’re not sure how to tackle weight loss. The intent of this article is to help you devise a workable strategy. With knowledge and consistent application of the things you learn, you will lose weight at a safe and steady pace. The following guidelines will help you get started and become successful. Eating chunky soups can help you achieve weight loss. It’s not a good idea to drink all of your calories. Soups with large chunks of healthy ingredients will keep you feeling fuller longer. Starving Yourself If you want to lose weight effectively, you must consume enough calories. Starving yourself is terrible for your health. One reason is that that failing to eat will slow the metabolism and cause fat storage. In addition, starving yourself will lead to cravings that may trigger binges or other undesirable outcomes. So, eat a healthy diet to maintain slow and steady weight loss. You may expect many sacrifices during your weight loss program; however, taste does not have to be one. In previous times, low fat or low calorie foods were bland and lacking taste entirely. Today, you can make use of artificial sweeteners and other preservativs to give yourself great taste without too many carbs and fats interfering. This will allow you to enjoy what you’re eating during weight loss. Try eating your largest meal at lunch-time instead of later in the day. Make your evening meal a simple sandwich in place of the full dinner you usually have. Since you burn more calories during the day and less at night, it makes more sense to eat more during the day and less in the evening. Your goal should be good health, not the number on the scale. That might sound contradictory, but focusing on health first, will put positive thoughts in your head. If you focus on dropping pounds, you may become overwhelmed. Many people fail when on diets since they give up everything they love all at one time. However, making a gradual change to a healthy way of living, will eventually result in losing the excess weight. Staying away from heavily-processed foods is a practice that has helped lots of people lose weight. If you make the commitment to avoid processed foods, you’ll have to think harder and pay more attention when buying groceries. The foods you purchase are less likely to be high in fat, sugar and preservatives. 10,000 Steps Purchasing a pedometer is a great tool to aid in your weight loss. These devices measure the number of steps you take. This will help you keep track of how much you walk in a day. Your daily goal should be to walk 10,000 steps minimum. If you aren’t getting to 10,000 steps, you need to walk around more. Increasing the length and duration of your fitness routine can help get you past any plateaus you may experience along the way. Unless you increase the intensity of your workouts, your body will not be able to sustain its initial rate of weight loss. This tip will really drive most doctors completely insane, but a great way to help you lose weight if you’re a smoker is to not give up the cigarettes. Particularly not at the very beginning of your diet. Smoking is a serious bad habit, but quitting during a hardcore diet can lead to you replacing smoking with overeating. Quitting smoking may cause you to gain weight, which could undermine your diet. The secret to weight loss is that it’s generally simple. You must burn more calories than you’ve ingested. Calories are the fuel your body uses, and you can burn extra calories with exercise. Weight loss happens when you burn more calories and eat less. We can drop excess pounds by keeping an eye on the foods that we consume. Healthy eating combined with regular exercise is what will get you onto the road to a healthy life, and that includes losing weight. When you take away all the gimmicks, dieting really comes down to burning more calories than one consumes. A good start to a healthy, well-balanced diet is to use a diet of about 2000 calories per day. Examine each meal to ensure that you get all the nutrients you need, starting with Vitamin A and ending with Zinc. If you find gaps, try to fill them with multivitamins or diet alterations. Eating cereal every day of the week has shown that it is good for losing weight. You will increase the amount of healthy vitamins, fiber, and minerals that your body needs to lose weight. Try to go for health cereals as opposed to sugary children’s cereals. Look for cereals that are whole grain, high in fiber, and low in added sugar. Having an idea or a plan in place for weight loss can be a weight lifted off your shoulders. All that is now required is for you to start using the sound advice you have read. If you commit yourself to losing weight, you’ll see great results sooner than you think.
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How Can I Become a Life Support Technician (LST)? Explore the career requirements for a life support technician. Find out about training, certification, and salary information to discover if this is the right career for you. Schools offering Medical Assisting degrees can also be found in these popular choices. What Is a Life Support Technician? Life support technicians (LSTs) are certified professionals who ensure the safety of divers working in offshore drilling operations or under saturation conditions. They monitor the oxygen content of the gas in the diver's breathing container, as well as environmental conditions such as depth and pressure. In addition, they assist with tasks such as eating and sewage disposal. Usually, life support technicians perform their duties under the supervision of life support supervisors. The following table can help answer questions about what you need to know before entering this field. Training Required International Marine Contractors Association (IMCA)-approved training; on-the-job training as an assistant LST Key Responsibilities Manage oxygen and carbon dioxide levels and eating and waste removal systems for divers Certification IMCA LST certification required after completing necessary hours as an assistant LST Job Growth (2014-2024) 37% (all commercial divers)* Mean Annual Wage (2015) $49,720 (all respiratory therapy technicians)* Source: *U.S. Bureau of Labor Statistics What Would I Do as a Life Support Technician? As a life support technician (LST), your primary responsibility would be to work with divers in saturation conditions. Under those conditions, divers live in a saturated or a compressed state for extended periods of time, even when they are above water. They are typically unable to increase or decrease pressure at different underwater depths just by performing diving tactics. Your job as an LST would involve monitoring and maintaining the conditions of the saturation for the divers in your care. You must control the oxygen and carbon dioxide levels in the diver's environment as well as the feeding and sewage removal systems. Saturating diving is increasingly used by offshore oil and gas drilling companies, so you would be on location for extended periods of time. What Education or Training Do I Need? Because the work of an LST is technically challenging, you will need some formal training in the field. The International Marine Contractors Association (IMCA) approves training facilities around the world, many of which are located in the United Kingdom, where much of the offshore contracting takes place (www.imca-int.com). The IMCA has also developed a certification scheme to ensure that you are properly trained for the high-risk, detail-dependent LST position. In an assistant LST training program, you may study anatomy and physiology as well as gas handling, life support systems and hygiene. You will also learn how to react in emergency and high-pressure situations. Do I Need to Be Certified? You do need to be certified, though you may begin work as an assistant LST after you have completed your IMCA-approved training. In this position, you will gain on-the-job training while working with an experienced team. Before becoming LST certified, you must log at least 2,400 hours in your offshore assistant LST position. When you have logged the required hours, your employer can recommend you to the IMCA to take your certification examination. The exam is multiple-choice and tests your knowledge of diving supervision and life support. What Are Some Related Alternative Careers? Instead of working as a life support technician, you could consider becoming a commercial diver yourself. The job usually involves installing, maintaining or repairing equipment in underwater settings, as well as running tests and documenting the state of the equipment with photographs. For this job, you would need to complete a professional training program, including scuba diver certification. Alternatively, if you are interested in a respiration-related medical job, you could consider becoming a respiratory therapist, where you would provide care for patients who are having trouble breathing for a wide range of reasons, including chronic disease and acute injury. Respiratory therapists usually need to have an associate's degree. To continue researching, browse degree options below for course curriculum, prerequisites and financial aid information. Or, learn more about the subject by reading the related articles below: • 1. Degree Options: The schools in the listing below are not free and may include sponsored content but are popular choices among our users. Tuition and costs will vary across programs and locations. Be sure to always request tuition information before starting a program. Popular Schools 1. 1 2. 2 3. Next »
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Preserving a Lifeline to close the digital divide | TheHill Since President Trump named him chairman of the Federal Communications Commission (FCC) on Jan. 23, Republican Ajit Pai, with the support of his fellow Republican Commissioner Michael O'Rielly, has wasted little time curtailing, or announcing proposals to curtail, some of the more egregious regulatory overreaches perpetuated by his predecessor, Democrat Tom Wheeler. This should not be surprising. After all, Pai dissented from the most controversial of the Wheeler-era regulatory stretches. Nor should it be surprising that many pro-regulatory advocates who supported Wheeler's initiatives — whether with regard to new net neutrality prohibitions, privacy regulations, rate controls for business broadband services, or video navigation device mandates — are now loudly voicing their opposition to Pai's deregulatory initiatives.   That is their right — even though these "regulation first" advocates all too often ignore the realities of today's competitive marketplace that make new regulatory initiatives, in many instances, counterproductive and harmful. Here I want to focus on one particular program — the FCC's Lifeline regime — that I fear will be undermined if those who reflexively oppose Pai on all fronts continue overreacting to his actions regarding Lifeline. The Lifeline program, one component of the FCC's Universal Service regime, provides subsidies to eligible low-income persons — currently $9.25 per month to those who qualify — to support their access to telecommunications services. The total subsidy provided to low-income persons under the Lifeline program is approximately $1.5 billion per year. In April 2016, the FCC released an order extending the availability of the Lifeline subsidy to broadband service, although it retained the same $9.25 per month subsidy level that applies for voice service. Although Pai supported the extension of the subsidy to broadband, he dissented from the 2016 order on several grounds, including his view that the FCC lacks authority under the Communications Act to remove the states from their existing role of certifying carriers as eligible to provide Lifeline service. Consistent with his view that the FCC lacks authority to designate Lifeline broadband service providers, in early February, Pai ordered agency staff to reconsider the grants of nine such federal designations issued in the waning days of Wheeler's tenure. Approximately 900 Lifeline providers certified by the states remained unaffected by the reconsideration. Then, on March 29, Pai ordered agency counsel to seek a remand of the appeal brought by the states challenging the commission's April 2016 order. In doing so, Pai stated that, on reconsideration, he wants to alter the Lifeline program to return to the states the role of certifying eligible service providers. In my view, the supposed adverse impact of these Lifeline actions has been exaggerated in many quarters. I am an advocate of free market-oriented communications policies, especially in light of the increasingly ubiquitous competition and technological dynamism that prevails in most segments of the marketplace. But I also have been a longtime, consistent supporter of an effective FCC Lifeline program as a safety net, as long as the program is properly structured and run efficiently in a way that minimizes waste and fraud. Indeed, because Lifeline is more narrowly targeted than the FCC's other universal service programs, if properly structured and operated, it should be the most efficient in bridging any remaining digital divide that separates those who cannot afford service from those who can. Since becoming chairman, Pai repeatedly has said that one of his top priorities is closing the digital divide. On March 29, in remarks before the U.S.-India Business Council, he declared: "[O]ur top priority so long as I serve as chairman of the FCC is to close what I've called the digital divide — the gap between those with access to next-generation technologies and those without. We will work to bring the benefits of the digital age to all Americans, no matter who they are or where they live." On the very same day, in announcing his intent to seek the Lifeline court remand because he believes the current federal Lifeline provider designation process is unlawful, Pai stated: "I want to make clear that broadband will remain in the Lifeline program as long as I have the privilege of serving as chairman." As a Lifeline supporter, I take Pai at his word — and I think those questioning his commitment to Lifeline should, too. It is difficult to fault him for acting on his belief, clearly stated when the Wheeler-era FCC adopted the federal designation process over his dissent, that extension of Lifeline to broadband must rest on a sound legal foundation, not just on policy predilections. If the Lifeline program is to be sustainable, it must enjoy broad bipartisan public support, and not be turned into a political football. Part of maintaining broad support requires that the program be operated in a way that minimizes fraud and waste. The FCC took some important steps in this direction two years ago, but Pai, rightly, points out that more can be done in this regard going forward. And a final suggestion for those, like me, who look for ways to minimize the impact from unnecessarily rigid regulatory strictures: When the FCC acts on the pending petitions asking for reconsideration of the federal designation process, it should also reconsider whether the new minimum service standards it adopted for both voice and broadband Lifeline providers make sense. The minimum standards establishing requisite levels of service may well be overly stringent, thereby rendering them inconsistent with the goal of providing Lifeline on an affordable basis. The Lifeline monthly benefit remains $9.25, but the minimum service requirements may have the effect of driving the cost of providing the service well above the benefit level. That, too, is inconsistent with the goal of maintaining a properly structured Lifeline program that furthers the goal of closing the digital divide for low-income persons. Randolph J. May is president of the Free State Foundation, an independent, nonpartisan free market-oriented think tank located in Rockville, Maryland. The views of contributors are their own and not the views of The Hill. View the discussion thread. Contributor's Signup The Hill 1625 K Street, NW Suite 900 Washington DC 20006 | 202-628-8500 tel | 202-628-8503 fax The contents of this site are ©2019 Capitol Hill Publishing Corp., a subsidiary of News Communications, Inc.
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-- Chinese National Pleads Guilty to Software Piracy in U.S. A Chinese national pleaded guilty to selling software pirated from American companies including Agilent Technologies Inc. (A) Xiang Li, 36, entered pleas yesterday in federal court in Wilmington, Delaware , to one count each of conspiring to commit criminal copyright infringement and conspiring to commit wire fraud , according to court records. The case was handled by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations unit. “Li mistakenly thought he was safe from the long arm of HSI, hiding halfway around the world in cyberspace anonymity,” ICE Director John Morton said today in a statement released with U.S. Attorney Charles Oberly in Wilmington. “HSI is committed more than ever to protecting American industry and U.S. jobs from criminals like him.” Li and his wife, of Chengdu, China, were accused of running a website called “Crack 99” that sold copies of software for which “access-control mechanisms” had been circumvented, the U.S. said in April when a 46-count indictment against them was unsealed. The pair were charged with distributing more than 500 copyrighted works to more than 300 purchasers in the U.S. and overseas from April 2008 to June 2011. The retail value of the products was more than $100 million, the government said in a Jan. 4 court filing. Li, who was lured from China and arrested in 2011, faces as long as 25 years in prison at his sentencing, which is set for May 3 before U.S. District Judge Leonard Stark. Prison Term Mingli Chen, a lawyer representing Li, said in a phone interview that Li already has spent 1 1/2 years incarcerated and that he will ask the judge to rule that is enough. He said the judge may impose a term of five to eight years. Chen said the government agreed to dismiss all charges against Li’s wife, Chun Yan Li, who Chen said is in China. Charges against Chun Yan Li haven’t yet been dropped, Edward McAndrew, an assistant U.S. attorney prosecuting the case, said today in a phone interview. Prosecutors are independently evaluating the case against her in light of Li’s plea and the minor role she played, McAndrew said. It’s anticipated that charges against her will be dismissed, he said. Xiang Li was arrested by federal agents in June 2011 in Saipan, an island about 120 miles (193 kilometers) northeast of Guam in the western Pacific Ocean , on an earlier indictment in the case. Undercover Agents Li agreed to travel there from China to deliver pirated software and 20 gigabytes of proprietary data from a U.S. software company to undercover HSI agents posing as businessmen, according to Morton’s statement. In April, the U.S. said Chun Yan Li was a fugitive. Chen disputed that yesterday. McAndrew said today there is no warrant for her arrest. The software includes programs made by Santa Clara , California-based Agilent and Canonsburg, Pennsylvania-based Ansys (ANSS) Inc., according to the indictment. An Agilent product intended to speed the design process for electronic equipment was among the software illegally copied by the couple, according to the indictment. The SystemVue 2009 program sells for $45,000. Xiang Li’s websites listed prices of $20 to $1,200 for products with retail values of several hundred dollars to $3 million, according to the government. More than one-third of the illegal purchases were made by people in the U.S. including small-business owners, government contractors, students and engineers, Oberly said in a statement. Related Charge In connection with the charges, a former National Aeronautics and Space Administration engineer, Cosburn Wedderburn, pleaded guilty to conspiracy to commit criminal copyright infringement. Government agents said Wedderburn bought more than $1 million in pirated software from the couple’s website. Wronald Best, a scientist at a Kentucky-based government contractor, also pleaded guilty to purchasing 10 software programs worth more than $600,000, according to the statement. The case is U.S. v. Li, 10-cr-112, U.S. District Court, District of Delaware (Wilmington). To contact the reporters on this story: Joel Rosenblatt in San Francisco at jrosenblatt@bloomberg.net ; Sophia Pearson in Philadelphia at spearson3@bloomberg.net . To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net .
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Valentina Kevliyan Valentina Kevliyan (or Valentina Kevlian, Валентина Кевлиян; born 11 March 1978 in Plovdiv) is a Bulgarian rhythmic gymnast. At the 1996 Olympic Games, held in Atlanta, she won a silver medal as part of the Bulgarian rhythmic gymnastics group (along with teammates Ina Delcheva, Maria Koleva, Maya Tabakova, Ivelina Taleva and Viara Vatashka).
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de jeito maneira Etymology Unusual construction. Both ' and ' mean way (of doing something). Adverb * 1) no way under no circumstances * 2) absolutely not, not at all * 1) absolutely not, not at all
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DevOps 3 Different Ways to Provide Docker Build Context One of the powerful things about Docker is that it is possible for someone to use Docker every day without ever having to create their own custom container. In today’s article, we are going to explore a few uncommon ways to build a Docker container. The docker build command has many options that can be considered uncommon or only used for special situations. In this article, we are specifically going to focus on different ways to provide the docker build command a source or context to build from. To explain this better, let’s first explore the traditional build approach. Traditional Approach The traditional build approach essentially consists of executing the docker build command within a directory that contains a Dockerfile. Let’s see this approach in action with the below example. $ docker build -t automatron . Sending build context to Docker daemon 4.368MB Step 1/9 : FROM ubuntu:14.04 ---> 3f755ca42730 Step 2/9 : RUN apt-get update --fix-missing && apt-get -y upgrade && apt-get -y install python-pip python-dev nmap curl libffi-dev build-essential libssl-dev ---> Using cache ---> 901e767bce5a Step 3/9 : ADD requirements.txt / ---> Using cache ---> d8e0c2f89a72 Step 4/9 : RUN pip install --upgrade setuptools ---> Using cache ---> d62382ab676f Step 5/9 : RUN pip install -r /requirements.txt ---> Using cache ---> cca17f716d3d Step 6/9 : RUN pip install honcho ---> Using cache ---> 62293cc90b19 Step 7/9 : ADD . / ---> Using cache ---> 808d0bdf961d Step 8/9 : RUN find -name "*.sh" -exec chmod 755 {} \; ---> Using cache ---> 353248eb9652 Step 9/9 : CMD honcho start ---> Using cache ---> 0c650b43b3d4 Successfully built 0c650b43b3d4 Successfully tagged automatron:latest During the docker build execution shown above, we specify two options. The first being the -t flag; as we explored in an earlier article, the -t flag is used to “tag” or name the resulting image. In the example above, we simply named the container automatron. The second option is .; this option is the context or source that the docker build command should use during the build. By specifying ., we are specifying that Docker should execute the build using the current working directory as the context. What this means is that docker build will look for a Dockerfile (the instruction file for building containers) within the specified directory. If we were to execute this command from one directory higher, our command would look like the following example: $ docker build -t automatron automatron/ Sending build context to Docker daemon 4.368MB Step 1/9 : FROM ubuntu:14.04 ---> 3f755ca42730 Step 2/9 : RUN apt-get update --fix-missing && apt-get -y upgrade && apt-get -y install python-pip python-dev nmap curl libffi-dev build-essential libssl-dev && rm -rf /var/lib/apt/lists/* ---> Using cache ---> 901e767bce5a Step 3/9 : ADD requirements.txt / ---> Using cache ---> d8e0c2f89a72 Step 4/9 : RUN pip install --upgrade setuptools ---> Using cache ---> d62382ab676f Step 5/9 : RUN pip install -r /requirements.txt ---> Using cache ---> cca17f716d3d Step 6/9 : RUN pip install honcho ---> Using cache ---> 62293cc90b19 Step 7/9 : ADD . / ---> Using cache ---> 808d0bdf961d Step 8/9 : RUN find -name "*.sh" -exec chmod 755 {} \; ---> Using cache ---> 353248eb9652 Step 9/9 : CMD honcho start ---> Using cache ---> 0c650b43b3d4 Successfully built 0c650b43b3d4 Successfully tagged automatron:latest The commands above should be familiar to anyone who regularly builds custom Docker containers. However, the approach above is not the only way we can pass context to the docker build command. Building From a Git Repository In the above example, we built a container for the open-source project Automatron. Since this is a project hosted on GitHub and this project contains a Dockerfile in its top level directory, we can streamline this docker build process by building directly from the Git repository. $ docker build -t automatron https://github.com/madflojo/automatron.git Sending build context to Docker daemon 1.938MB Step 1/9 : FROM ubuntu:14.04 ---> 3f755ca42730 Step 2/9 : RUN apt-get update --fix-missing && apt-get -y upgrade && apt-get -y install python-pip python-dev nmap curl libffi-dev build-essential libssl-dev ---> Using cache ---> 956f75f19219 Step 3/9 : ADD requirements.txt / ---> Using cache ---> 23a02980ee87 Step 4/9 : RUN pip install --upgrade setuptools ---> Using cache ---> 36069877f17b Step 5/9 : RUN pip install -r /requirements.txt ---> Using cache ---> 083745ce4316 Step 6/9 : RUN pip install honcho ---> Using cache ---> 2bd024e0890d Step 7/9 : ADD . / ---> 58b5b6d021c7 Removing intermediate container d3b2db67817f Step 8/9 : RUN find -name "*.sh" -exec chmod 755 {} \; ---> Running in 5e0d91149c94 ---> 53f04392979a Removing intermediate container 5e0d91149c94 Step 9/9 : CMD honcho start ---> Running in 9cd301a364cf ---> fb62cbb68063 Removing intermediate container 9cd301a364cf Successfully built fb62cbb68063 Successfully tagged automatron:latest In the first example, the traditional build method. We had a copy of the Automatron project cloned to our local system. When we executed the build, we did so using a local directory. In the example above, building from a Git repository. We simply use the Git repository URL as the context for the docker build command. When executed in this manner, Docker will clone the remote Git repository and perform the build using the cloned repository as its context. !Sign up for a free Codeship Account Understanding Build Context When talking about Docker builds, context means the source directory used when building the container. To explain this a bit better, let’s look at the docker build output. Step 3/9 : ADD requirements.txt / ---> Using cache ---> 23a02980ee87 Step 4/9 : RUN pip install --upgrade setuptools ---> Using cache ---> 36069877f17b Step 5/9 : RUN pip install -r /requirements.txt ---> Using cache ---> 083745ce4316 In both the traditional and Git examples, these lines were part of the build output. These are Docker build steps that are specified within the Automatron Dockerfile. The first step (step 3 of 9) is ADD requirements.txt /. This step will add the requirements.txt file into the Docker container image being built. In the first example, the traditional local directory approach. The requirements.txt was copied from the local directory (the context directory) into the Docker container. This is the type of functionality we are used to with a basic build. Where the second example — the Git example — differs is that the Git repository is used as the context directory. What this means is that when the ADD instruction executed, it added the requirements.txt file from the Git repository itself, not the local directory. To explain this a little better, even if I have a requirements.txt file in the current working directory, the requirements.txt that is added will not be from my local directory, but rather the requirements.txt hosted on the Git repository. This is an important concept to understand not only for this article, but when building Docker containers in general. As many times when troubleshooting why the ADD or COPY instructions fail, it is often they are trying to reference something outside of the build context. Building From a Tar File In addition to building containers using a remote Git repository, the docker build command is also able to take remote TAR files as build context. Let’s take a look at this in action to get a better understanding. $ docker build -t automatron http://example.com/automatron.tar.gz Step 1/9 : FROM ubuntu:14.04om remote url: http://example.com/automatron.tar.gz [==================================================>] 2.418MB/2.418MB ---> 3f755ca42730 Step 2/9 : RUN apt-get update --fix-missing && apt-get -y upgrade && apt-get -y install python-pip python-dev nmap curl libffi-dev build-essential libssl-dev && rm -rf /var/lib/apt/lists/* ---> Using cache ---> 901e767bce5a Step 3/9 : ADD requirements.txt / ---> Using cache ---> 67206f314a21 Step 4/9 : RUN pip install --upgrade setuptools ---> Using cache ---> ea61de8843be Step 5/9 : RUN pip install -r /requirements.txt ---> Using cache ---> bdefd81afb47 Step 6/9 : RUN pip install honcho ---> Using cache ---> 16c4ca480eca Step 7/9 : ADD . / ---> Using cache ---> 8cce790d2b46 Step 8/9 : RUN find -name "*.sh" -exec chmod 755 {} \; ---> Using cache ---> 3a9f60aadff7 Step 9/9 : CMD honcho start ---> Using cache ---> 7e95852e0e16 Successfully built 7e95852e0e16 Successfully tagged automatron:latest The above docker build execution is similar to the Git example except for one difference. Rather than the target context being a Git repository, it is a remote TAR file. I am specifying that the TAR file is remote because the docker build command (at the time of this article) does not support using a local TAR file as the build context. What it does support is downloading a TAR file via HTTP, extracting that TAR, and using its contents for the build context directory. In the example above, the TAR file was compressed using gzip; the docker build command currently supports both the bzip and gzip compression formats. Summary In this article, we explored three different ways to provide build context to the docker build command. These methods can be useful when the container to be built is provided via a TAR or Git repository, as executing the builds by specifying the remote location can save several execution steps. Published on Web Code Geeks with permission by Ben Cane, partner at our WCG program. See the original article here: 3 Different Ways to Provide Docker Build Context Opinions expressed by Web Code Geeks contributors are their own. Benjamin Cane Benjamin Cane is a systems architect in the financial services industry. He writes about Linux systems administration on his blog and has recently published his first book, Red Hat Enterprise Linux Troubleshooting Guide. Subscribe Notify of guest This site uses Akismet to reduce spam. Learn how your comment data is processed. 0 Comments Inline Feedbacks View all comments Back to top button
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How Fractions Help Us See the Big Picture Help us out by sharing this post throughout your network! My oldest daughter is a fifth-grader and is learning about fractions and percentages in her math class this year. She made a big conceptual leap from whole numbers to fractions. The lessons she is learning on comparing and interpreting fractions may prepare her to understand and appraise risks better than most adults. At this point in the pandemic, it has become commonplace to see statistics from the local health authorities and the Centers for Disease Control and Prevention on the current rates of COVID-19 infections, hospitalizations, and vaccinations. Among the lessons I have learned from the pandemic, applying basic math to accurately interpret all this data may be a critical and life-saving one. Psychology researchers from Kent State University have been exploring how to address a common misconception known as the whole number bias.1 Whole number bias can lead us to mistakenly think about the numerators and denominators of fractions as whole numbers. For example, we can perceive 1/5 as smaller than 1/7, or that 3/9 is larger than 3/7. In our daily lives, these errors may seem trivial but they could result in consequential decisions for our health and safety. Early in the pandemic, a widely shared misconception was that fatality rates for the common flu and COVID-19 were roughly equivalent (common flu; 0.1% vs. COVID-19; 1-5% or roughly 10x more deadly). I remember this myth spreading quickly through social media sites and personal acquaintances. It made me wonder if it had to do with our preference for whole numbers over fractions. After all, it is easier for many of us to grasp whole numbers than interpret percentages or ratios. Yet, fractions provide us with critical information to compare the risks of catching a common cold versus a potentially deadly virus. Or, can help us understand what positivity rates represent (i.e., positive tests/total tests x 100) in our neighborhoods or state. It can be confusing to interpret what fractions really are telling us if don’t slow down (as I tell my daughter) and take the time to put numbers into context. Research even suggests under stressful or ambiguous conditions, we may be more susceptible to misinterpreting numerical data, which can impair our ability to appraise risks for ourselves or others.2 The good news, especially for my daughter’s math teacher, is that the effects of whole number bias can decline with age and experience. For example, 8th graders have been shown to outperform 4th graders on assessments of factional equivalency and magnitude.3 The bad news is that whole number bias affects us into adulthood and may influence choices about whether we decide to wear a mask in public, travel by plane, or stay home during a global pandemic. Hindsight, as they say, is 20/20 (i.e., a fraction describing one’s ability to read the smallest row on an eye chart from 20 feet away). Hopefully, we are moving toward the end of the pandemic and will not have to experience another one anytime soon. But fractions remain important for my 5th grader to understand and can help her (and the rest of us) make smarter decisions. It’s important to accurately perceive and weigh the risks of contracting an infectious disease, buckling our seat belts, or just eating healthier. All of these types of decisions can be influenced by numerical information we use to inform our choices and actions. So, maybe we need to rethink how we present numerical data, especially when we share fractions, rates, or ratios. It may be that using number lines, pie graphs, and other types of simple data visualizations can go a long way to more effectively communicating the risks or benefits of our individual or collective actions. For me, a simple lesson I have learned during the pandemic is to go back and review fractions with my daughter to be less susceptible to whole number bias. I definitely want to be sure I’m seeing the full picture instead of a fraction of it. Citations: 1. Thompson, C. A., Taber, J. M., Sidney, P. G., Fitzsimmons, C., Mielicki, M., Matthews, P. G., … Coifman, K. (2020, June 15). Math matters during a pandemic: A novel, brief educational intervention combats whole number bias to improve health decision-making and predicts COVID-19 risk perceptions and worry across 10 days. https://doi.org/10.31234/osf.io/hukyv 2. Choi, S. S., Taber, J. M., Thompson, C. A., & Sidney, P. G. (2020). Math anxiety, but not induced stress, is associated with objective numeracy. Journal of Experimental Psychology: Applied26(4), 604. 3. Braithwaite, D. W., & Siegler, R. S. (2018). Developmental changes in the whole number bias. Developmental Science21(2), e12541 Leave a Reply Your email address will not be published. Required fields are marked *
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Hostage (electronic musician) Alan Parley known by the artistic name Hostage is a Scottish electronic music producer based in Edinburgh, Scotland. He is currently signed to British talent agency Primary Talent International and is affiliated with various record labels, most notably Black Butter Records. Albums * 2000: Money Well Spent EPs * 2009: Valhalla EP * 2010: Versatile Sound EP * 2010: Roll EP * 2010: Dub My Disco * 2011: Witches * 2013: How We Go Down EP * 2014: Who Leads Us EP * 2018: FML EP * 2018: River EP
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We’ve added a new webhook event, for location sync statuses A location.status event is triggered when there are updates from a card network for a Location in a Program. In the test environment, this webhook triggers three times for each location upon creating a Location, once for each card scheme, with a location.active event. In the live environment, this would trigger whenever a location has synced successfully for a card scheme, with a location.active event. Or whenever a location has failed to sync for a card scheme, with a location.failed event. You can use the Fidel Dashboard or the Webhooks API to register your webhook URL with the new location.status event. curl -X POST \ https://api.fidel.uk/v1/programs/06471dbe-a3c7-429e-8a18-16dc97e5cf35/hooks \ -H 'content-type: application/json' \ -H 'fidel-key: sk_test_50ea90b6-2a3b-4a56-814d-1bc592ba4d63' \ -d '{ "event": "location.status", "url": "https://example.com/location-webhook" }' To read more about the new location.status webhook event, visit our documentation!
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Operation Addition Operation Addition was the name given to the Canadian contribution to United Nations Mission in Ethiopia and Eritrea, the United Nations peacekeeping forces in Ethiopia and Eritrea after the Eritrean–Ethiopian War. It began in late 2000 with Operation Eclipse during which the Canadians worked as part of a joint battle group with the Dutch peace-keeping forces. The Canadian contingent was part of an international team monitoring the Temporary Security Zone between Ethiopia and Eritrea. The commitment ended in June 2003.
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Page:Account of the particular soliloquies and covenant engagements, of Mrs. Janet Hamilton.pdf/10 crying, This is my God, I have waited for him. As witneſs my hand at Blackneſs Castle. December, Sic ſubſcribitur, JANET HAMILTON.
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Guy Glover Guy Glover (November 5, 1910 in London, U.K. – May 17, 1988 in Hudson, Canada) was a senior National Film Board of Canada (NFB) producer and administrator. Career Guy Glover's career as an NFB senior producer and administrator spanned more than 35 years and more than 200 films. His family immigrated from England in 1913, and as a young man studied at the University of British Columbia. He co-founded the Progressive Arts Club of Vancouver and in 1936 participated in a production of Waiting for Lefty, which played Vancouver and was invited to the Dominion Drama Festival in Ottawa. A chance meeting with Norman McLaren back in London, England, in 1937 changed the course of his professional and personal life. The pair relocated to New York City in 1939 then in 1941, Film Commissioner John Grierson invited both McLaren and Glover to join the fledgling NFB. By 1945 the bilingual Glover was put in charge of a small group of French-Canadian filmmakers then working in the Ottawa studios of the Board. In 1952 he wrote and narrated the Academy Award-nominated animated short, The Romance of Transportation in Canada. He was the producer on 50 episodes of the series Window of Canada, hosted by Clyde Gilmour, and in 1956 he was appointed the producer on the Board's French-language television unit, a position he held until 1958. Four of the films he produced or served as executive producer were nominated for Academy Awards: The Fight: Science against Cancer, Herring Hunt, The Stratford Adventure and Caroline Leaf's The Street. A poet, actor and theatre director, Glover was the director of the Canadian Ballet Festival Association. He was the lifelong partner of Norman McLaren, whom he met at the ballet in London in 1937. Films and awards as producer include * Lining the Blues, 1939 (animated) * Listen to the Prairies, 1945 (executive producer) * Challenge: Science against Cancer, 1950 (producer) * The Fight: Science against Cancer, 1951 (producer); Canadian Film Award -Special Award; Academy Award nomination – Short Subjects * The Bird Fancier (L'Homme aux oiseaux), 1952 (producer) * The Settler (L'Abatis), 1952 (producer) * Opera School, 1952 (producer); Canadian Film Award – Theatrical Short * Herring Hunt, 1953 (executive producer); Academy Award nomination – Short Documentary * Farewell Oak Street, 1953 (executive producer); Canadian Film Award - Theatrical Short * The Stratford Adventure, 1954 (producer); Canadian Film Award – Film of the Year, Feature Film; Academy Award nomination – Short Documentary * Les Brûlés, 1958 (co-producer) * River with a Problem, 1961 (executive producer) * Morning on the Lièvre, 1961 (executive producer); Canadian Film Award – Theatrical Short * Lewis Mumford on the City, 1963 (executive producer, six films) * Bethune, 1964 (executive producer) * 23 Skidoo, 1964 (executive producer) * Angel, 1966 (producer); Canadian Film Award – Arts and Experimental * Never a Backward Step, 1966 (producer); Canadian Film Award – Feature Documentary * Fluxes, 1967 * The Street, 1976 (producer); Canadian Film Award – Animated Short; Academy Award nomination – Animated Short; Ottawa International Animation Festival – Grand Prize * Poets on Film, 1977 (producer, three films)
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Rebar Tag Location Not Working As Expected Hi All, I’m dealing with an issue I don’t know how to fix. I have a script that puts the rebar tags in a defined location. If I run my script the first time I get the rebar tags created but not in the location that I wanted. But, if I run it the second time, it moves the rebar tags to the desired location. Python N°1 Just re-arrange the data structure but in Python N°2 I put some parameters for the location of the tags. The model is in Centimeters. Really don’t know what can it be. Thanks in advance. Script: Rebar Tag Location.dyn (220.6 KB) This is the model used: https://drive.google.com/open?id=1RHUyEt_ndGAAZV3mbV9t0u7EOnXr1Olu well i have a problem with the parametername “Family and Type”…Dynamo can’t find the parameter EDIT: my fault…the parameterName is in german a little bit different… But when i restart dynamo the tags diden’t move… here is my result: HI @Fiesta. ¿What do you mean? If I run my script once, but not closing Dynamo (so the instance is still open) and I run for second time, I get the desired location. If I run it once, close Dynamo and open it, I run it again I get the same result as the first time. The wrong location. Can you try not closing Dynamo please? Thanks in advance! I have now the same behavior like you. The position of the tags is changing to the desired location after i run the script the second time. Sorry…in the moment, i can’t explain why… Thanks! At least it’s not just happening to me! Thanks a lot for your time :slight_smile: Hi all. Just reviving this thread. CHeers. It is advisable to get the view plane and get a geometry by intersection with the host element or the rebar to obtain points on those geometry. Those point at any point will be within the view.
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Adding sources to displays in the Barco CMS task - Barco CMS 4.2 Barco CMS Plugin Guide 4.2 Applies to Barco CMS 4.2 Last updated 2021-01-08 Content type Guides Guides > Plugin and extension guides Language English (United States) Product Barco CMS Version 4.2 You can drag any source (sequence or camera) from the Barco tab or the Security Center Logical View directly onto a display. Before you begin What you should know When you drag a source onto a display, a Perspective is automatically created under the same name for that source. Procedure 1. From the Security Desk home page, open the Barco CMS task. 2. In the Barco tab, double-click the display to open it in the Editor View. 3. Drag the desired source onto the Editor View. 4. Click Apply. Results In the Barco tab in Tree view, the source is nested under a Perspective of the same name, which is nested under the selected display.
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Growing Up the Hard Way "Growing Up the Hard Way" is the fifth and final single taken from the album Agent Provocateur by the band Foreigner, and subsequently released only in Europe in September 1985. The song was written by Lou Gramm and Mick Jones, and the B-side, "She's Too Tough", a rockin' Elvis Presley-type song, is also featured on the American single release of "Reaction to Action".
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Rice County, Minnesota Rice County is a county located in the south central portion of the U.S. state of Minnesota. As of the 2020 census, the population was 67,097. Its county seat is Faribault. Rice County comprises the Faribault-Northfield, MN Micropolitan Statistical Area, which is included in the Minneapolis-St. Paul, MN-WI Combined Statistical Area. History Rice County was founded on March 5, 1853. It was named for Henry Mower Rice, a fur trader who became instrumental in creation of the Minnesota Territory and its subsequent growth and development. Geography The Cannon River flows northeasterly through the center of the county, on its way to discharge into the Mississippi River at Red Wing. The Straight River flows northerly into the county from Steele County to its discharge point into the Cannon River at Faribault. The North Fork of the Zumbro River rises in south-central Rice County, and flows eastward into Goodhue County on its way to discharge into the Mississippi east of Kellogg. The county terrain consists of low, rolling hills, entirely devoted to agriculture, and dotted with lakes. The county slopes to the east and north; its highest point is near its SE corner, at 1,263 ft ASL. The county has an area of 516 sqmi, of which 496 sqmi is land and 20 sqmi (3.9%) is water. The Cannon River flows northeastwardly through the county, collecting the Straight River in Faribault. The North Fork of the Zumbro River has its headwaters in the county's southeastern part. Rice is one of 17 Minnesota savanna counties with more savanna soils than either prairie or forest soils. Major highways * [[Image:I-35.svg|20px]] Interstate 35 * [[Image:MN-3.svg|20px]] Minnesota State Highway 3 * [[Image:MN-13.svg|20px]] Minnesota State Highway 13 * [[Image:MN-19.svg|20px]] Minnesota State Highway 19 * [[Image:MN-21.svg|20px]] Minnesota State Highway 21 * [[Image:MN-60.svg|20px]] Minnesota State Highway 60 * [[Image:MN-99.svg|20px]] Minnesota State Highway 99 * [[Image:MN-246.svg|20px]] Minnesota State Highway 246 * [[Image:MN-298.svg|20px]] Minnesota State Highway 298 * [[Image:MN-299.svg|20px]] Minnesota State Highway 299 * [[Image:MN-299.svg|20px]] Minnesota State Highway 299 Adjacent counties * Dakota County - northeast * Goodhue County - east * Dodge County - southeast * Steele County - south * Waseca County - southwest * Le Sueur County - west * Scott County - northwest Protected areas * Cannon Lake Wilderness Area * Cannon River Trout Lily Scientific and Natural Area * Faribault State Wildlife Management Area * Nerstrand Big Woods State Park * River Bend Nature Area * Sakatah Lake State Park (part) * Shager Park * Townsend Woods Scientific and Natural Area * Whitney Island Scientific and Natural Area Lakes * Cannon Lake * Caron Lake * Cedar Lake * Circle Lake * Crystal Lake * Duban Lake * Dudley Lake * Fox Lake * French Lake * Hatch Lake * Horseshoe Lake (part) * Hunt Lake * Kelly Lake * Mazaska Lake * Metogga Lake * Mud Lake * Phelps Lake * Rice Lake * Roberds Lake * Sakatah Lake (part) * Shields Lake * Sprague Lake * Union Lake * Weinberger Lake * Wells Lake * Willing Lake 2000 census As of the census of 2000, there were 56,665 people, 18,888 households, and 13,353 families in the county. The population density was 114 /mi2. There were 20,061 housing units at an average density of 40.4 /mi2. The racial makeup of the county was 93.59% White, 1.31% Black or African American, 0.43% Native American, 1.46% Asian, 0.04% Pacific Islander, 1.87% from other races, and 1.30% from two or more races. 5.50% of the population were Hispanic or Latino of any race. 32.1% were of German, 14.7% Norwegian, 7.2% Irish and 5.3% Czech ancestry. There were 18,888 households, out of which 36.50% had children under the age of 18 living with them, 58.10% were married couples living together, 8.60% had a female householder with no husband present, and 29.30% were non-families. 23.90% of all households were made up of individuals, and 9.10% had someone living alone who was 65 years of age or older. The average household size was 2.65 and the average family size was 3.14. The county population contained 25.30% under the age of 18, 15.80% from 18 to 24, 27.40% from 25 to 44, 20.20% from 45 to 64, and 11.40% who were 65 years of age or older. The median age was 33 years. For every 100 females there were 101.80 males. For every 100 females age 18 and over, there were 100.30 males. The median income for a household in the county was $48,651, and the median income for a family was $56,407. Males had a median income of $36,771 versus $26,151 for females. The per capita income for the county was $19,695. About 4.00% of families and 6.90% of the population were below the poverty line, including 5.70% of those under age 18 and 10.70% of those age 65 or over. Parks and recreation * Ackman Park 3 mi west of Faribault * Albers Park in Webster * Caron Park in Cannon City * Falls Creek Park 1 mi east of Faribault * Heron Island in Shieldsville * Hirdler Park 10 mi west of Faribault * Kalina Park in Wheatland * King Mill Park in Faribault Cities * Dennison (partly in Goodhue County) * Dundas * Faribault (county seat) * Lonsdale * Morristown * Nerstrand * Northfield (partly in Dakota County) Census-designated place * Warsaw Unincorporated communities * Cannon City * Epsom * Hazelwood * Little Chicago * Millersburg * Moland (partly in Steele County) * Prairieville * Ruskin * Shieldsville * Veseli * Webster * Wheatland Townships * Bridgewater Township * Cannon City Township * Erin Township * Forest Township * Morristown Township * Northfield Township * Richland Township * Shieldsville Township * Walcott Township * Warsaw Township * Webster Township * Wells Township * Wheatland Township * Wheeling Township Politics From its first participating election in 1860 through 1960, Rice County was traditionally Republican, voting for the Republican nominee in every election save 1912 (when it voted for Bull Moose nominee and former Republican president Theodore Roosevelt) and Franklin Roosevelt's 1932 and 1936 landslides. From 1964 through 2012, it became a Democratic stronghold, voting for the Democratic nominee in every election save Richard Nixon's 1972 landslide. In 2016, it voted for a Republican for the first time since 1972 (and for a Republican who was not winning a majority of the national popular vote for the first time since 1960), although it gave him only a plurality, with 7.9% voting third party. However, in 2020, with the third party vote sinking to 2.3%, it voted Republican again, making it the first time since 1956 and 1960 that the county has voted Republican two elections in a row (although the Republican margin was only 62 votes out of over 35,000 cast).
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Help needed for Windows XP Discussion in 'Gear' started by A.D., Jul 8, 2008. Thread Status: Not open for further replies. 1. A.D. A.D. JRob for GMoY! Fire Malarkey! Colts still SUCK! Staff 2,458 1,788 719 Someone has forgot/lost their password and can't log on to and access Windows XP. I've tried several ways to bypass that but to no avail. Does anyone have a rescue disk or recovery disk? Would appreciate borrowing one or buying one from you. Any advice will also be appreciated. Thanks, all. I'm looking forward to seeing you at training camp and at tailgates this fall. #1 2. Childress79 Childress79 Loungefly ® Tip Jar Donor 8,305 1,704 729 This works very well but you'll have wait 3 days for the password if you want it for free.Worth the wait IMO. Link #2 3. A.D. A.D. JRob for GMoY! Fire Malarkey! Colts still SUCK! Staff 2,458 1,788 719 Thanks, Childress! I'll check it out. #3 4. Michi40 Michi40 Lost bullet 1,019 77 364 #4 5. Michi40 Michi40 Lost bullet 1,019 77 364 You could also reset it instead of recovering it. http://home.eunet.no/~pnordahl/ntpasswd/ There is a bootdisk with an utility to reset the password. Watch the WARNING! DANGER WILL ROBINSON! If used on users that have EFS encrypted files, and the system is XP or Vista, all encrypted files for that user will be UNREADABLE! and cannot be recovered unless you remember the old password again If you don't know if you have encrypted files or not, you most likely don't have them. (except maybe on corporate systems) Lots of more info about the Forgetting the Admin Password problem here: http://www.petri.co.il/forgot_administrator_password.htm #5 6. Slackmaster Slackmaster Starter 1,234 32 374 Mentioning the "several ways to bypass that" which you have tried would have been helpful information. XP Home by default has an "Administrator" account installed without a password that can only be reached in safe mode. From that account, the main account passwords can be reset. Failing that getting an ERD Commander CD from the usual file sharing methods would work nicely. ERD can even rewrite the SID. #6 Thread Status: Not open for further replies.
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User:Lavanyasivaraman/Books/e-learning moodle * Learning management system * Moodle * Virtual learning environment
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Linguistics in Ancient India India is a country of diversities. Along with the many cultures, peoples, and communities that have found a home here and shaped the nation, so are their languages intertwined with the past and present. The story of a nation is linked with its history, and we may get to know a lot from material remains of the past, but linguistic history is an equally important factor that can be traced to understand the origins of a community and where it is headed. Similarly for India the most widely believed theory about the communities that inhabited it is the Invading “Aryans” or the Raiders from the North who defeated the Dravidians occupied what is North India now, the latter being forced to evacuate to the South. Except now we know that the tribes were not called Aryans, it was the language that they spoke which was of the Indo-European family. And it was these people who were responsible for the Rig Vedic texts, and the language that they use is similar to the even more ancient text called Zend Avesta.
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The span of the eigenvectors associated with a fixed eigenvalue define the eigenspace corresponding to that eigenvalue. Parentheses can be removed to leave ABC. A non-linear relationship reflects that each unit change in the x variable will not always bring about the same change in the y variable. Mathematicians work with collections called sets. For information on specific branches of algebra, see elementary algebra, linear algebra, and modern algebra. Learn the basics, starting with Vectors. It is used by the pure mathematician and by the mathematically trained scien-tists of all disciplines. Although linear algebra is a large field with many esoteric theories and findings, the nuts and bolts tools and notations taken from the field are practical for machine learning practitioners. The kernel of is then The image of is defined as The image of is sometimes denoted .It is also referred to as the range of .These subspaces are useful in defining specific types of linear transformations. $1$ is precisely the property that defines linear transformations, and $2$ and $3$ are redundant (they follow from $1$). 1-to-1 A linear transformation, T, is 1-to-1 if each vector in the range of T has at most a single preimage. The characteristic polynomial. Start from the basics. For example, x + y = z or b - 2 = 5 are algebraic equations, but 2 + 3 = 5 and 73 * 46 = 3,358 are not. Its value lies in its many applications, from mathematical physics to modern algebra and coding theory. Let's go. At the end of the series, there will be a recap of how the Linear Algebra concepts you learned here, relates to Machine Learning. Linear definition is - of, relating to, resembling, or having a graph that is a line and especially a straight line : straight. And after, a smaller project which uses some of the most important concepts from here. linear algebra synonyms, linear algebra pronunciation, linear algebra translation, English dictionary definition of linear algebra. Ask Question Asked 2 days ago. Dual map [edit] Let f:V→W{displaystyle f:Vto W} be a linear map. Well firstly, how could we define a vector? Linear algebra. A basis B of a vector space V over a field F (such as the real numbers R or the complex numbers C) is a linearly independent subset of V that spans V.This means that a subset B of V is a basis if it satisfies the two following conditions: . In mathematics, more specifically in linear algebra and functional analysis, the kernel of a linear mapping, also known as the null space or nullspace, is the set of vectors in the domain of the mapping which are mapped to the zero vector. Solutions This exercise is recommended for all readers. An isomorphism is a homomorphism that can be reversed; that is, an invertible homomorphism. Tutorials. And they're all in, you know, it can be in R2 or Rn. The eigenvectors make up the nullspace of A I . I mean the usual definition seems too strong to me. At the start of this course we introduce systems of linear equations and a systematic method for solving them. Linear Algebra/Sets, Functions, Relations. Learn Linear Algebra Definition equations and know the formulas for Standard m x n Matrix, Transpose, Identity, Transpose and Nom. But what if... we define right and left inverse matrices separately. Active 2 days ago. Linear algebra is the study of linear sets of equations and their transformation properties. The matrix A I times the eigenvector x is the zero vector. Gravity. And all a linear combination of vectors are, they're just a linear combination. Let W* and V* be the dual spaces of V and W respectively. From Wikibooks, open books for an open world < Linear Algebra. Can we then prove that: (1) the right inverse is unique (when it exists) (2) the left inverse is unique (when it exists) (3) the right inverse equals the left one . The linear transformation T is 1-to-1 if and only if the null space of its corresponding matrix has only the zero vector in its null space. Eigenvalues and Eigenvectors. Vectors: Vectors and spaces Linear combinations and spans: Vectors and spaces Linear dependence and independence: Vectors and spaces. Linear Algebra Definitions. Augmented matrix [A b ]. Linear algebra is one of the most applicable areas of mathematics. Linear subspaces. Created by. Then, she want us to show this equality. The next result is an example. Spring 2012. Subspaces and the basis for a subspace. These are called eigenvectors (also known as characteristic vectors). Linear transformation, in mathematics, a rule for changing one geometric figure (or matrix or vector) into another, using a formula with a specified format.The format must be a linear combination, in which the original components (e.g., the x and y coordinates of each point of the original figure) are changed via the formula ax + by to produce the coordinates of the transformed figure. Definition 1.3. Course summary; Vectors and spaces. This definition has been shaped so that it contains the conditions needed to prove all of the interesting and important properties of spaces of linear combinations. Affine transformation T(v) = Av +v 0 = linear transformation plus shift. In mathematics, we can think of a vector as some arrow in a coordinate system. Let be a linear transformation. What is algebra? n. 1. This is the currently selected item. Basis of a subspace. Call the map . Spell. Vector dot and cross products. The graph of a linear equation forms a straight line, whereas the graph for a non-linear relationship is curved. RPS436. Linear algebra - definition of linear algebra by The Free Dictionary. Let L: V--> W be a linear map where V and W are vector spaces over a common field K.Why does the definition of the dual map of L not require L to be onto when the definition involves a composition.. My understanding of the definition follows. Obviously, any isomorphism is a homomorphism— an isomorphism is a homomorphism that is also a correspondence. Unlike other parts of mathematics that are frequently invigorated by new ideas and unsolved problems, linear algebra is very well understood. This is the key calculation in the chapter—almost every application starts by solving Ax D x. Match. Definition Of Onto Linear Algebra. A nonzero vector which is scaled by a linear transformation is an eigenvector for that transformation. Systems of equations live at the heart of linear algebra. Video transcript. Glossary of Linear Algebra Terms. It is one-to-one because if sends two … Associative Law (AB)C = A(BC). For the final exam. First move x to the left side. Algebra is the branch of mathematics in which abstract symbols, rather than numbers, are manipulated or operated with arithmetic. Two or more vectors are said to be linearly independent if none of them can be written as a linear combination of the others. Define linear. All definitions taken from the glossary. the linear independence property:; for every finite subset {, …,} of B, if + ⋯ + = for some , …, in F, then = ⋯ = =;. On the contrary, if at least one of them can be written as a linear combination of the others, then they are said to be linearly dependent. Write the equation Ax D x as .A I/ x D 0. Subspaces and the basis for a subspace. Flashcards. Definition. basis for a subspace: A basis for a subspace W is a set of vectors v1, ...,vk in W such that: v1, ..., vk are linearly independent; and; v1, ..., vk span W. characteristic polynomial of a matrix: The characteristic polynomial of a n by n matrix A is the polynomial in t given by the formula det(A - t*I). Square matrix with a ij = 1 when there is an edge from node i to node j; otherwise a ij = 0. Linear subspaces. A subset of a vector space is linearly independent if none of its elements is a linear combination of the others. for Linear Algebra. Thus, for any vector w, the equation T(x) = w can be solved by at most a single value of x. for denoting f(x). Linear Algebra : Linear algebra is a branch of mathematics which deals with the study of linear equations, matrices, vector spaces, determinants, and linear transformations and their properties. So linear transformations are the homomorphisms of vector spaces. Email. Learn the basics, starting with Vectors. In this course you will explore fundamental concepts by exploring definitions and theorems that give a basis for this subject. Problem 1. Linear algebra allows the analysis of rotations in space, least squares fitting, solution of coupled differential equations, determination of a circle passing through three given points, as well as many other problems in mathematics, physics, and engineering. So, one way to think of the "homomorphism" idea is that it is a generalization of "isomorphism", motivated by the observation that many of the properties of isomorphisms have only to do with the map's structure preservation property and not to do with it being a correspondence. Example 1.1; Example 1.2 ; Answer. How to use linear in a sentence. Now we use determinants and linear algebra. Definition. Eigenspaces. linear synonyms, linear pronunciation, linear translation, English dictionary definition of linear. Learn. Linear algebra - Linear algebra - Eigenvectors: When studying linear transformations, it is extremely useful to find nonzero vectors whose direction is left unchanged by the transformation. Jump to navigation Jump to search. Linear algebra, mathematical discipline that deals with vectors and matrices and, more generally, with vector spaces and linear transformations. Linear Algebra ← Techniques of Proof: Sets, Functions, Relations: Licensing And History → Sets . Linear transformations may be used to define subspaces. If v is an eigenvector for the linear transformation T, then T(v) = λv for some scalar λ. Outer Product Definition. STUDY. Define linear algebra. Write. So let's say I have a couple of vectors, v1, v2, and it goes all the way to vn. A linear function is any function that graphs to a straight line. Start from the basics. Jump to navigation Jump to search. LINEAR ALGEBRA Adjacency matrix of a graph. Otherwise it is linearly dependent. Test. This book is directed more at the former audience than the latter, but it is hoped that the writing is sufficiently clear with enough detail so that the anyone reading the text can understand it. Linear and non-linear relationships demonstrate the relationships between two quantities. A = AT for an undirected graph. < Linear Algebra‎ | Definition and Examples of Isomorphisms. Viewed 31 times 0 $\begingroup$ In my quantum mechanics course, the lecturer do the following definition for outer product, then equate it a matrix. Definition of a Linear Function. One term you are going to hear a lot of in these videos, and in linear algebra in general, is the idea of a linear combination. Google Classroom Facebook Twitter. Why is the inverse introduced this way? Linear independence is a central concept in linear algebra. Next lesson. Linear algebra definition: the algebra of vectors and matrices , as distinct from the ordinary algebra of real... | Meaning, pronunciation, translations and examples As we proceed, we shall derive all of the properties natural to collections of linear combinations from the conditions given in the definition. Top Questions. PLAY. Let me show you what that means. Verify, using Example 1.4 as a model, that the two correspondences given before the definition are isomorphisms. Unreviewed. What is Linear Algebra? Linear algebra is a field of mathematics that is universally agreed to be a prerequisite to a deeper understanding of machine learning. Toggle Nav. linear-algebra matrices. The determinant is connected to many of the key ideas in linear algebra. The dual map of L is the map L*: W* --> V* given by L*(M) = ML for all M of W*. To collections of linear algebra of v and W respectively, open books for an open
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Fully-funded PhD Position in Hydrogen-Blended Natural Gas Safety at the University of British Columbia, Okanagan Fully-funded PhD Position in Hydrogen-Blended Natural Gas Safety at the University of British Columbia, Okanagan Applications are requested for a fully-funded PhD position in computational fluid dynamics (CFD) applied to hydrogen-blended natural gas safety. ABOUT UBC OKANAGAN UBC opened its Okanagan campus in 2005 as a bold new UBC presence in the interior of British Columbia, designed to deliver on the promise of a research-intensive institution purpose-built for the 21st century. UBC’s Okanagan campus is home to over 10,000 undergraduate and graduate students, 630 faculty members and nine Faculties and Schools. With the campus rapidly emerging as a research powerhouse, UBC Okanagan students receive an outstanding education in a stimulating student-centric learning environment. UBC’s Okanagan campus is situated in Kelowna on the unceded lands of the Sylx (Okanagan) Peoples. ABOUT UBCO CFD LAB The UBCO CFD Lab is a multidisciplinary team of research students, postdocs, and visiting collaborators. engaging in CFD research in topics spanning wind energy, bioengineering, cryogenics, turbomachinery, and hydrogen systems-all with a focus on uncovering underlying physical mechanics via high-fidelity CFD simulations. The team has tremendous access to high-performance computing resources, giving team members unique opportunities to contribute to leading scientific challenges while conducting some of the largest-scale CFD simulations in Canada. The CFD Lab is characterized by team-work, collaboration, and exploration. ABOUT THE PROJECT This project involves a multi-disciplinary collaboration with BC’s provincial gas utility, FortisBC. To reduce GHG emissions, we are investigating blending 5-20 vol hydrogen into the natural gas distribution system. This project will focus on how hydrogen. enrichment impacts detonation risk and flammability following accidental gas release. High-pressure releases of hydrogen may be at risk of detonation due to the shock heating of the air. Whether detonation can occur for hydrogen blended into natural gas is unknown, motivating the research. Moreover, the different gas properties between hydrogen and natural gas motivate further research into how the blend will disperse following accidental release, how that may influence the flammability of the mixture, and whether current safety protocols following accidental release should be adjusted for hydrogen-blended natural gas. The successful applicant will conduct computational studies of a mixed-fuel JET (hydrogen-methane) expanding into air. Initially, non-reacting high-fidelity simulations (DNS/LES) of jet release will be conducted to assess the multi-species turbulent transport of the release. Subsequently, reacting simulations will be conducted for subsonic and supersonic releases, with a special focus on shock induced diffusion-ignition of the mixed gas. The research objectives are: 1. Identify the risk of spontaneous detonation of hydrogen-enriched natural gas in the event of an accidental release due to pipeline rupture, puncture, or failure of a gas system component; 2. Identify how hydrogen-enriched natural gas disperses following an accidental release in order to provide guidelines on the risk zones for flammability limits; and 3. Provide recommended protocols to minimize risks associated with flammability and detonation of hydrogen-enriched natural gas. The research will be supervised by Dr. Joshua Brinkerhoff at the UBCO CFD Lab in the LBC Okanagan School of Engineering. The specific research activities will involve high-fidelity simulations (DNS/LES) utilizing high-order CFD methods tailored for compressible, reacting, multi-species flows, both open source and in-house tools. ELIGIBILITY REQUIREMENTS • The position is open to students who have completed a Masters degree in mechanical, chemical, or aerospace engineering or a related discipline.Applicants with interests in fluid mechanics, computational fluid mechanics (CFD), numerical simulation, parallel computing, gas dynamics, and/or combustion are encouraged to apply. • Coding experience in C/C++ and prior CFD experience is essential. • Experience with high-order discretization methods for compressible Navier-Stokes equations is particularly beneficial. This opportunity is available to Canadian citizens, permanent residents of Canada, and international applicants meeting the admission criteria for UBC Okanagan and School of Engineering. It is expected that successful candidates will commence graduate studies from January 1, 2023, or as soon as possible. Equity and diversity are essential to academic excellence. An open and diverse research team fosters. the inclusion of voices that have been underrepresented or discouraged. Equity and diversity not only lead to a more fair and open society, but also improves the quality of the science and increases the opportunities to learn and grow from each other. Applications from members of groups that have been marginalized on any grounds enumerated under the B.C. Human Rights Code-including sex, sexual. orientation, gender identity or expression, racialization, disability, political belief, religion, marital or family status, age, and/or Indigeneity-are especially encouraged. APPLICATION PROCEDURE Candidates are asked to submit: • A cover letter describing their research interests, experience, and motivations for graduate A detailed curriculum vitae highlighting their educational and professional achievements. • A list of three professional and/or academic references • Unofficial transcripts from their Masters degree. • English test scores (if required). Applicants with degrees in a language other than English must have a minimum TOEFL score of 580 (PBT) or 92 (IBT) or IELTS minimum overall band of 6.5 (with nothing less than 6.0 per individual test). HOW TO APPPLY FULLY-FUNDED PhD POSITION IN HYDROGEN-BLENDED NATURAL GAS SAFETY AT THE UNIVERSITY OF BRITISH COLUMBIA , OKANAGAN Interested candidates should send the above documents and direct queries to Dr. Joshua Brinkerhoff ([email protected]). Additional information of Dr. Brinkerhoff’s research is available from his research webpage: https://cfclab.ok.ubc.ca/. Read also: Two PhD Positions in Data-driven and Learning Control at the University of British Columbia Leave a Reply Your email address will not be published. Required fields are marked *
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  Communication and social learning In many social insect species, workers communicate the location of profitable food sources or nest-sites to their nest-mates. Honeybee foragers, for example, use the famous waggle dance to advertise profitable resources (photo). Foragers of many ant and some bee species lay pheromone trails. We try to understand the costs and benefits of different communication methods. Empirical and theoretical research suggests that under some circumstances searching independently (scouting) or relying on past experiences (personal information) might be a more successful strategy. We study the ecological circumstances that favour different information-use strategies and try to understand how individual decisions lead to collective behavioural patterns. Furthermore, we try to find out which genes affect information-use strategies. Representative papers Grüter C and Leadbeater E (2014) Insights from insects about adaptive social information use. Trends Ecol. Evol. 29:177-184. pdf Grüter C, Czaczkes TJ and Ratnieks FLW (2011) Decision-making in ant foragers (Lasius niger) facing conflicting private and social information. Behav. Ecol. Sociobiol. 65:141-148. pdf Grüter C, Balbuena MS and Farina WM (2008) Informational conflicts created by the waggle dance. Proc. R. Soc. B 275:1321-1327. pdf Colony organisation and division of labour  Division of labour is important for the ecological success of social insects. In most species, workers perform different tasks at different ages (temporal caste systems). For example, foraging is often performed by older workers. In some species, however, workers are morphologically specialised for particular tasks (physical caste systems). While division of labour has been extensively studied in honey bees and ants, little is known about colony organisation and division of labour in the largest group of highly eusocial bees, the stingless bees (Meliponini). Stingless bees show diverse life-histories, including both temporal and physical caste systems (photo shows a soldier and a minor worker of the species Tetragonisca angustula). We try to understand the costs and benefits associated with different types division of labour. Representative papers Segers FHID, von Zuben L and Grüter C (2016) Local differences in parasitism and competition shape defensive investment in a polymorphic eusocial bee. Ecology 97: 417-426. pdf Hammel B, Vollet-Neto A, Menezes C, Nascimento FS, Engels W and Grüter C (2016) Soldiers in a stingless bee: work rate and task repertoire suggest they are an elite force. Am. Nat., 187, 120-129. pdf Grüter C, Menezes C, Imperatriz-Fonseca V and Ratnieks FLW (2012) A morphologically specialised soldier caste improves colony defense in a Neotropical eusocial bee. PNAS, 109, 1182-1186.  pdf
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US, allies to condemn China for espionage | TheHill The U.S. and more than a dozen of its allies are expected to condemn China's alleged espionage efforts on Thursday, intensifying pressure against Beijing over allegations that Chinese hackers are violating international law by stealing trade secrets. Western officials told The Washington Post that Britain, Germany, Japan, Australia and Canada are expected to join the U.S. in an unprecedented mass condemnation on Thursday. Leaders in these countries reportedly conferred with their cabinets before they agreed to sign onto the effort. China has targeted all six countries in an espionage campaign over several years, according to the Post. Chinese spies have allegedly hacked cybersecurity and information technology companies in each country.  The countries on Thursday will say that China is violating international norms and laws in order to accrue military and economic power.  The Department of Justice (DOJ) on Thursday is also poised to announce criminal charges against hackers with China's intelligence service, Ministry of State Security (MSS), which allegedly targeted the U.S. and other countries in a long-running cyberspying campaign, the Post reported. The DOJ is also likely to bring sanctions related to the Chinese hacking effort.  Federal officials have repeatedly accused Chinese hackers of stealing trade secrets, saying those actions are the underlying reason for billions of dollars worth of tariffs on imports from China. The Office of the U.S. Trade Representative (USTR) last month alleged that China continues to conduct economic espionage despite the U.S. trade penalties. “China shows no sign of ceasing its policy and practice of conducting and supporting cyber-enabled theft and intrusions into the commercial networks of U.S. companies,” USTR wrote in its assessment, arguing that tariffs are needed to counter China’s hacking efforts. China has so far denied the allegations. While intellectual property theft from U.S. companies has been a common practice by China for decades, cyber experts told The Hill last month that hackers have been more aggressive over the past year. View the discussion thread. The Hill 1625 K Street, NW Suite 900 Washington DC 20006 | 202-628-8500 tel | 202-628-8503 fax The contents of this site are ©2019 Capitol Hill Publishing Corp., a subsidiary of News Communications, Inc.
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Kaeng Krachan Kaeng Krachan may refer to the following places in Phetchaburi Province, Thailand: * Kaeng Krachan District * Kaeng Krachan Dam * Kaeng Krachan National Park * Kaeng Krachan Forest Complex, a World Heritage Site covering Kaeng Krachan National Park and some others * Kaeng Krachan Circuit, a motorsports venue (race track)
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Page:Kapalkundala (1919).djvu/137 132 into a huge ring of flame, it envelopes the quick body and all else besides. Lastly, the leaping flames soar heavenward, enliven the horizon and reduce all and sundries to ashes. Nabokumar had a similar taste of sensation when he finished the letter. First, he could not clearly define it, but, next moment, dark suspicion which always flutters like an owl in twilight, crossed his mind, and, finally. the dim outlines took shape and form of the burning truth which left a stinging smart behind. Men's minds are so moulded that they are unable to bear extremes of pleasure and pain. First, the dense smoke and fume sorrounded Nabokumar, then, the fire set his soul alight and, lastly, the flame burnt out his heart-string. He had already marked Kapalkundala's rebelliousness in many respects. Besides, inspite of all his warnings, she always went out alone of her own free will and choice and deported irresponsibly with each and everybody. Moreover, she never cared to mind his words and would rather move about, unattended, in hisher [sic] nightly wanderings amidst forest and wilderness. Other people might have their suspicions, but, Nabokumar, apprehending, that once the green-eyed jealously is aroused, its torment will be as much a hellish fire as the never-quenching stinging bite of a scorpion, never harboured any distrust about the good conduct of Kapalkundala for a single day. He would never have entertained such a feeling even this day. But these were no mere doubts any longer that
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Dish Network CFO to step down and join Brookdale Senior Living Dish Network's chief financial officer, Steven Swain, is leaving the U.S. satellite TV provider to become the finance chief at Brookdale Senior Living. Swain, who has been the CFO of Dish since August 2014, will step down effective August 22, the company said here in a filing on Friday. He also resigned as CFO of subsidiary Dish DBS. Prior to joining Dish in 2011, Swain spent more than 15 years in the telecommunications sector, most recently at CenturyLink. Swain is expected to start in his new role at Brookdale Senior, an operator of senior living and retirement communities in the United States, in September.
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1 So i am trying to have the output of my ssh command consumed at different points in time and potentially within a subshell as well. I tried with fifos and with exec like: exec 10< <(ssh host 'i=0;while :;do ((i++));echo $i;done') read a <&10 echo $a read a <&10 echo $a the output i am looking is: 1 and 2. currently i get 1 and 1, a new process starts every time i read from the fd 10. Same thing with fifo. Any ideas of how to sort this out? EDIT: I restarted my pc and the problem disappeared. It might had been yet another issue with wsl2 • Your script as-is works as intended for me: I get 1 and 2. However, you might try read -u 10 a instead of redirecting. – B. Morris Oct 17 at 23:50 • it looks like it was a wsl2 issue (not the first I had so far), I restarted my pc and it worked... – tturbox Oct 18 at 19:30 Your Answer By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy Browse other questions tagged or ask your own question.
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London property prices forcing commuters to live under canvas | Money | The Guardian Helen Pidd Sunday 15 August 2010 23.59 EDTLast modified on Saturday 9 January 2016 10.10 EST It is a mystery to many how ordinary people can afford to live in the UK's capital. Consistently ranked one of the most expensive cities in the world, London's house prices are ever more ludicrous, even in these dark days of pay freezes, mass redundancies and bankruptcy. Visit one of the campsites encircling the city and it becomes clear how some people make the sums work: by shunning bricks and mortar to live in tents, caravans and mobile homes. Each morning at these sites the shower blocks teem with commuters washing, shaving and making themselves presentable for a hard day's graft in the big smoke. Last week a council worker called Philip Hanman hit the papers when he claimed he had been forced out of his job after his bosses discovered he was commuting to work in Barking and Dagenham in east London from a campsite in Epping Forest, where he slept in a £30 tent. Hanman has taken voluntary redundancy from the council and now lives with his family in Cornwall, where he previously spent his weekends. Camping commuters are far from rare in the capital. On the Lee Valley site in Edmonton, north London, near a monster branch of Ikea and surrounded by pylons, 40 pitches are reserved for long-termers. Many of them work constructing the Olympic park, driving buses or in other jobs in the city, returning to their real homes at the weekend. Here, in a neat caravan, lives one of the more unusual residents. Last year Lucy Boggis, 21, spent her days chasing amateur athletes up a climbing wall in her role as Tempest in the Sky series of Gladiators. Now, she is devoting all her energy to the 2012 Olympics, where she hopes to represent Britain in the heptathlon. With no lottery funding, money is tight. So last September she decided to set up camp at the Lee Valley site, which is next door to an athletics centre. Each morning, she makes herself porridge on the small van's stove, before padding over to the shower block for a wash. She's at the track for 9am, and spends the day practising the hurdles, high jump and the other five disciplines that make up her event. On the weekends she goes home to her family in the West Country. Some of my fellow athletes take the mickey, but most of them actually think it's a good idea. If you don't have funding, you don't have much spare money, and it's much cheaper to stay in a caravan than rent a one-bedroom flat, she said. Lee Valley is one of the more expensive sites around London, charging between £12.30 and £16.40 a night for a one-person pitch, depending on the season, plus £3.60 per day for electricity. In a caravan a few doors down from Boggis lives IT contractor Keith Davidson, who commutes to Canary Wharf each day. The City is less than an hour away by public transport, with a regular bus service stopping at the site and taking campers to the nearest station. My family lives up in Aberdeen, but I often get contracts down here. The main reason I stay here is because of the flexibility – if you rent a flat you often have to commit to six months or a year, whereas here you can come and go as you like, he said. The campsite's only residency rules are that everyone has to clear off during the few winter months when the site is closed, and that you pay for every night you're taking up a pitch, whether you're there or not. In a motorhome nearby lives Bob Casbeard, who commutes a few days a week to his urban planning job in Hackney. I've been coming here on and off for eight years, he said, showing off his retractable satellite dish and extensive cooking facilities. Unlike many of the other long-termers, Casbeard is not camping to save money – he owns houses in east London, Suffolk and the Champagne region of France. I do it to save the planet, he said, pointing up to the solar panels on the roof. He added: It does save me some money, though. Sometimes I stay in a hotel in Chigwell, and it costs £70 a night, which even for three nights is more expensive than parking my van here for a whole week. Sign inor create your Guardian account to join the discussion. This discussion is closed for comments. We're doing some maintenance right now. You can still read comments, but please come back later to add your own. Commenting has been disabled for this account (why?)
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User:Triniti Desiree in 1825 a girl was born by the name of Triniti was born in Virginia and died in 1892 her family was very wealthy and very popular around the neiborhood. they say somebody killed her and took her most presious pearl necklace now she lurks around in search of her pearl necklace in arlington Virginia. during her life time she moved to england and she became queen and she had a very interesting life.
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Pluchea indica Pluchea indica is a species of flowering plant in the aster family, Asteraceae. Its common names include Indian camphorweed, Indian fleabane, and Indian pluchea. It is native to parts of Asia and Australia, and it is widespread in the Pacific Islands as an introduced and often invasive species. The species hybridizes with Pluchea carolinensis when the two plants grow together, yielding a hybrid that has been named Pluchea × fosbergii. Description This species is a branching shrub up to 2 meters tall. The toothed oval leaf blades are papery but not thin, and often have a fine coating of hairs. The flower heads grow in dense clusters in the leaf axils and at the branch tips. The pinkish purple florets have long, protruding styles. Florets along the edges of the head produce fruits. The fruit body is a millimeter in length with a white pappus about 5 millimeters long. The seeds are dispersed on the wind. Uses The plant contains the compounds β-sitosterol and stigmasterol, which have antidiabetic properties. The β-sitosterol isolated from the root extract can also neutralize the venom of Russell's viper (Daboia russelii) and the monocled cobra (Naja kaouthia). Habitat The plant often grows in wet saline coastal habitat, such as brackish marshes and mangroves. Though it is not very competitive with other flora, it can easily colonize coastal habitat and impact native and cultivated plants. It alters waterbird habitat. It is considered invasive in New Caledonia, where it was introduced in 1967.
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Oscilloscope As A Measurement Tool Introduction To Oscilloscope ("osc.") The osc. is a graph displaying device that display the electrical signal based on the input to its probes. It shows in real time how signals change over time. Usually the Y axis represents the voltage and the X axis time. Most osc. have intensity or brightness that can be adjusted. The display is caused by the spot that periodically sweeps the display from left to right. In the design of electronics project, the osc. is one of the most handy equipment that is worth investing. Its functions are : a) Shows and calculate the frequency and amplitude of an oscillating signal. b) Shows the voltage and time of a particular signal. This function is the main used of all the functions described here. c) Helps to troubleshoot any malfunction components of a project by looking at the expected output after a particular component. d) Shows the content of the AC voltage or DC voltage in a signal. When there is a change in the height of the waveform, it means that the voltage has changed. If the line is horizontal  it means that there is no change in voltage for that period of time. Some of the common waveform that are measured using an osc. are as shown below.  There are basically 2 types of osc. namely analog or digital type. Analog uses continuously variable voltages. Digital uses discrete binary numbers that represent voltage samples. Analog osc. works by directly applying a voltage being measured to an electron beam moving across the osc. screen. The voltage deflects the beam up and down proportionally, tracing the waveform on the screen. Digital osc. samples the waveform and uses an analog to digital converter to convert the voltage measured into digital format. It then uses this digital format to display the waveform. It enables one to capture and view events that may happen only once. They can process the digital waveform data or send the data to a computer for processing. Also, they can store the digital waveform data for later viewing and printing. Specifications  In choosing to buy an osc., the designer needs to understand the terms used and what they are. By understanding the terms, one will be able to compare the features offered and its price. a) Bandwidth The bandwidth tells the frequency range the osc. can accurately measures. When the frequency of the measured signal increases, the ability of the osc.  to accurately respond decreases. b) Gain Accuracy The gain accuracy shows how accurately the vertical system attenuates or amplifies a signal. This is shown in percentage error. c) Time Base or Horizontal Accuracy The time base or horizontal accuracy indicates how accurately the horizontal system displays the timing of a signal. This is shown in percentage error. d) Rise Time Rise time is another way of describing the useful frequency range of an oscilloscope. Rise time need to be considered in the measuring of pulses and steps. It cannot accurately display pulses with rise times faster than the specified rise time of the osc. e) Vertical Sensitivity The vertical sensitivity indicates how much the vertical amplifier can amplify a weak signal. Vertical sensitivity is usually given in millivolts (mV) per division. The smallest voltage a general purpose osc. can detect is typically about 2 mV per vertical screen division. f) Sweep Speed This specification indicates how fast the trace can sweep across the screen. It is usually shown in nanosec per div. g) Sample Rate In digital type, the sampling rate shows how many samples per second the ADC can acquire. Maximum sample rates are usually given in megasamples per second (MS/s). The faster the oscilloscope can sample, the more accurately it can represent the fine details of a signal. The minimum sample rate may also be important if you need to look at slowly changing signals over long periods of time. Typically, the sample rate changes with changes made to the sec/div control to maintain a constant number of waveform points in the waveform record. h) Record Length The record length of a digital osc. show the number of waveform points the oscilloscope is able to acquire per record. The maximum record length depends on its memory. There is a trade off in acquiring either a detailed picture of a signal for a short period of time or a less detailed picture for a longer period of time. Tips on using an oscilloscope  a) Probe the input to the test point on the oscilloscope to assure that a channel and probe are working. Normally every set comes with this test point with fixed voltage and frequency. b) Set the options of a channel to "DC" coupling, with automatic triggering. Increase the channel's volts per division until a line appears. Set the sweep time per division near the speed of the signal, and then adjust the volts per division until the event appears at a useful size. c) The bandwidth of the test probes should equal or exceed the bandwidth of the oscilloscope's input amplifiers. d) The capacitance of the wire in the test probe can cause an oscilloscope to inaccurately display high speed signals. Use the test output that produces a square wave to adjust the probe by ensuring that the corners of the square wave appear square, exhibiting no overshoot or undershoot. e) The ground connection of the oscilloscope should be attached to the ground of the circuit under test. Most test leads for oscilloscopes have the ground clip built into their end. To accurately probe high speed signals, the ground lead must be kept as short as possible; at frequencies above 100 MHz, the flying ground lead should be removed and replaced with a small ground pin which slips over the ground ring at the tip of the probe. f) Most oscilloscope has connection to mains earth of which the test lead ground is also attached to mains earth. If the circuit under test is also referenced to mains earth, then attaching the probe ground to any signal will effectively act like a short circuit to earth causing the earth circuit breaker to trip. This is solved by using an isolating transformer or special probe that has this isolation. g) AC coupling blocks any DC in the signal. h) DC coupling must be used when measuring a DC voltage. i) Trigger the correct channel and set the trigger delay to zero. After that adjust the trigger level until the desired event triggers.  Back To Oscilloscope Home Page New! Comments Have your say about what you just read! Leave us a comment in the box below. Digital Dice  Project Explore the use of 7-Segment Display, 555 Timer, Decade Counter and Binary Adder. Get the circuit. Battery Tester  Project Design and build a battery tester to test dry cell and rechargeable battery with a voltage of less than 2V. Check here Door Bell Construct this simple door bell chime and have fun. Find out more here Home Alarm  Project Build this simple home alarm to protect your house from intruders. See the schematic circuit
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Bakkt Bakkt Holdings, Inc., headquartered in Alpharetta, Georgia, provides a software as a service (SaaS) and API platform for owning and trading cryptocurrency and redeeming loyalty points. Bakkt was founded by and is 55% owned by Intercontinental Exchange (ICE), which also owns the New York Stock Exchange. Bakkt earns revenue from commissions for payments and purchases and sales of cryptocurrency. The company also owns the naming rights to the Bakkt Theater at Planet Hollywood Las Vegas. 2018–2020: Under ICE ownership In August 2018, Intercontinental Exchange announced it was forming a new company Bakkt, which was intended to leverage Microsoft online servers to manage digital assets. Bakkt was said to be working with Boston Consulting Group (BCG), Microsoft, Starbucks, and others to create a software platform. The Bakkt ecosystem is expected to include federally regulated markets and warehousing along with merchant and consumer applications. Its first use cases was for trading and conversion of Bitcoin (BTC) versus fiat currencies. Kelly Loeffler served as Bakkt's CEO until her appointment to the United States Senate. As an initial component of the Bakkt offering, Intercontinental Exchange's U.S.-based futures exchange and clearing house plan to launch a one-day physically delivered BTC contract along with physical warehousing in 2019, subject to CFTC review and approval, which was delayed. These regulated venues will establish new protocols for managing the specific security and settlement requirements of digital currencies. In addition, the clearing house plans to create a separate guarantee fund that will be funded by Bakkt. In January 2019, Bakkt acquired certain assets of Rosenthal Collins Group to advance its consumer payments initiatives. In April 2019, Bakkt acquired Digital Asset Custody Company (DACC). In September 2019, Intercontinental Exchange began trading of bitcoin futures. In February 2020, Intercontinental Exchange acquired Bridge2 Solutions, a loyalty rewards provider, which was then contributed to Bakkt. 2021–present: Publicly listed company In October 2021, Bakkt completed a merger with VPC Impact Acquisition Holdings, a special-purpose acquisition company sponsored by Victory Park Capital and was listed on the New York Stock Exchange. In April 2023, Bakkt acquired Chicago-based integrated crypto trading platform, Apex Crypto.
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Talk:Immaculate Conception Cathedral, Bar is it still Cathedral? The article Roman Catholic Archdiocese of Bar refers to it as a former cathedral, replaced by the Cathedral of St Peter the Apostle. --Richardson mcphillips (talk) 23:33, 11 December 2018 (UTC)
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