text:
P90X Multifunction Pull up Bar
By P90X
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Use your own body weight to create a targeted workout that strengthens your entire upper-body with the P90X Multi Function Pull Up Bar with DVD. Focus on your bicep, triceps, forearm, back, shoulder and chest muscles. The foam handgrips provide better handling and control for safer and more productive workouts . The superior steel construction means this P90X pull up bar is durable for long-time use. Designed to grip seven different ways and engineered to easily attach to most standard doors up to 32", it is versatile and resourceful. Hooks onto standard door frames in seconds.
- P90X Chest and Back DVD has step-by-step instructions to help you master your exercise routine.
- 36 Inch Wide bar
- Assembly Tools and instructions
- 7 Grip positions
Valeo P90X Multi Function Pull Up Bar
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I will also advise you to really stick to your guns on this one. If you're going to tell a man, "X is my requirement," then you need to hold to your word so that you're taken seriously. For clarity, that means standing firm even when he's really cute and super nice with a broad back and wide thighs. It's easy to be celibate when you're not attracted to someone; it's much harder when you are. Try investing in a good vibrator to keep your totally healthy and completely natural urges at bay. It still counts as celibacy when you take care of yourself.
Now, when you inform your date of your requirements, expect him to do one of two things: balk, because unfortunately the idea of being committed before having sex isn't so conventional anymore; or step his game all the way up.
The guy who balks isn't the guy you want, anyway. He wants sex, and possibly a relationship if he really likes you and the sex is good, too. He's entitled to that, and there are plenty of women who will happily have sex with him. You want someone who is in line with your values, and he isn't it. The goal is not to have just any man but one who gets you. So let him go on his way.
The second type of guy I described isn't any better for you; he just seems like it. He's pushing up, not because he's really all that interested — it's probably all ego. You've presented a challenge — something on which some men thrive — and now he's determined to conquer your, ahem, land and plant his, uh, flag. Though sex is readily available to most men who want it, he will keep up this charade for as long as necessary. Don't be fooled.
What you want is the guy — the rare one — whose reaction is something akin to "Oh." Either he's practicing celibacy, too — yes, men do it — so your standards aren't a problem, or he's not appalled by your answer but just was not prepared for that one. He likes you, he needs to think about it and get back to you on that. If he shows up again, same as always and willing to see where it goes, he's the one you should invest energy in getting to know better.
Demetria L. Lucas is a contributing editor to The Root, a life coach and the author of A Belle in Brooklyn: The Go-to Girl for Advice on Living Your Best Single Life. She answers your dating and relationship questions on The Root each week. Feel free to ask anything at firstname.lastname@example.com.

subset: commoncrawl


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Bike Tour 2012: Gear-heads rejoice!
Bike Tour 2012: Gear-heads rejoice!
All of our gear spread out before being packed up
As Next Adventure employees it probably goes without saying that both Don and I love gear. We enjoy learning about the newest technologies and discovering for ourselves what works for us in a variety of conditions. As with any long-term recreational activity, there is a lot of gear that you need for a successful bike trip across the country. The lighter and more efficient the gear, the more comfortable, and therefore safe and successful the trip. We spent many hours researching gear, looking up gear lists, and collecting the items that we wanted to bring with us on this journey. Here is the complete break down of what we carried with us when leaving Astoria on September 1st.
* I am only listing my personal gear and then the shared gear that both Don and I use. Don also has his own gear which is not listed here (although a picture is included), but for the most part, it mirrors what I am carrying.
Bold = Things we could not have done without on this trip
Italics = Things that we made changes to throughout the trip or might have done differently
Underlined = Things that we plan on writing a full gear review on
1. Clothing:
- Specialized mountain bike SPD shoes (much more comfortable and warm than road biking shoes)
- 3 pairs Pearl Izumi black bike socks (good for summer riding, but not warm enough for cold weather)
- 2 Pearl Izumi jerseys (lots of deep pockets are nice to have)
- 2 Pearl Izumi biking shorts (make sure they have a good, comfy chamois)
- 2 sports bras
- Pearl Izumi fingerless biking gloves
- Pearl Izumi barrier windbreaker (not very waterproof but does block wind and packs small)
- Mountain Hardwear hooded compressor jacket (incredibly warm, a good pillow, and warm when wet)
- Merrell Pace Glove barefoot shoes (I had difficulty deciding what footwear to bring...could have probably just brought Chacos, but wanted close-toed shoes for cold weather. Turns out I could have just used my biking shoes when it was very cold out.)
- Mountain Hardwear women's Epic rain pants (great lightweight rain pants, but not specific to biking so I use a twist-tie on my ankle to keep them away from the chainring)
- The North Face Hyvent DT rain jacket (decent jacket, but not very breathable...better options out there)
- The North Face hiking pants (what I wear when I am not in bike shorts...comfy, stretchy, good pockets, layers well over long underwear and fleece pants)
- 1 pair long underwear
- Marmot women's Power Stretch half-zip fleece pullover (worn every day while on the bike or off...a must-have layering piece)
- Icebreaker women's Rush crewe lightweight tee (good for warm off-bike afternoons or indoors at a house or hotel...merino wool never gets smelly and is comfortable and stretchy)
- Prana dress (not warm enough to wear, but nice when I want to do laundry because I can wear it alone)
- Foam flip flops (would not need if I had Chacos, but otherwise good for showers, rivers, etc.)
- Swimsuit
- Baseball cap (sent home right away because I always have on my buff, beanie, or helmet)
- Buff (great for layering under helmet or covering up helmet hair...also works as a neck warmer)
- Pack towel
- Pearl Izumi thermal cycling tights (glad I got thermal for this time of year...worn over cycling shorts)
- Cycling sleeves (sent home because they never stayed up and it was easier to just throw on my fleece top. I have heard ibex wool sleeves work well and would like to try them someday.)
- KINK Shredwear neck gaiter (Great for extra cold nights...too much warmth for riding)
- Black Diamond Polartec gloves (used on and off bike for warmth)
- Beanie
- 1 pair hiking socks (good for cold-weather biking or as daily socks when not biking)
- 1 pair extra warm sleep socks (nice for sleeping in cold weather)
- Not pictured: 3 pairs underwear (not worn with bike shorts, but otherwise good to have)
Added: We bought a pack of 3 super lightweight small laundry bags that I keep my clothes in. It helps me keep things separated and therefore easier to access.
2. Sleeping gear:
- Therma-Rest ProLite Plus Women's Regular air mattress (love it)
- Marmot Women's Helium 15 degree down sleeping bag (perfect, Don is jealous)
- Granite Gear Event Sil Compression Drysack (after some practice, this bag is easy to use, lightweight, waterproof and very compressible...it does it all!)
- Crazy Creek Hex 2.0 lightweight camp chair (perfect for mealtimes, even when we're in our sleeping bags...can also be used as extra insulation under an air mattress)
- Fleece helmet bag (to be stuffed with puffy jacket and used as a pillow...works great)
- Not pictured: REI Half Dome 2 tent (we love this tent for its simplicity, space, and durability...but there are other equivalent tents, such as the Mountain Hardwear Drifter 2)
3. Toiletries:
- Glasses
- Contacts
- Contact solution
- Go Girl F.U.D. (takes some practice, but then it can really come in handy)
- Feminine products
- Q-tips
- Deoderant
- Razor
- Nail clippers and file
- Hair ties
- Tweezers
- Comb
- Toothpaste (best if each person has their own travel size so they can brush their teeth whenever they want)
- Toothbrush
- Chapstick
- Conditioner
Added: Shampoo, allergy meds, vitamins for joint health, IcyHot, Body Glide anti-chafing stick, Blistex medicated chapstick
4. Miscellaneous:
- Smith Optics Parallel interchangeable sunglasses (interchangeable is a must)
- Compact backpack (actually nice to have for rest days or hanging out around town...could use handlebar bag, but it can be a bit cumbersome)
- Highlighter, pen, sharpie
- Book
- Petzl headlamp
- Dry Pak waterproof phone case (sent home because it wasn't actually necessary)
- Mace (makes us feel better when dogs chase us down the road...otherwise you're out of luck if they want to bite you)
- Mosquito bracelet (sent home because we haven't encountered any bugs)
- Shower cap (to wear over helmet in rain...we still might use them but haven't needed to yet)
Added: Rear-view mirror for sunglasses so Don can see behind him and ride next to me on less-populated roads
5. Important info:
- Copies of license and debit card (to be kept in a seperate place from cards in case a bag is stolen)
- Drivers license
- Debit/credit card
- Cell phone (smart phones are wonderful for bike touring and could easily be the only electronics you need...they can double as the internet, camera, journal, and iPod)
- Not pictured: Camera (I have a Canon Powershot and I love it...it stays in the back pocket of my jersey for easy access)
6. Shared cookware:
- Jetboil Flash with coffee press (our favorite piece of gear on this trip...besides our bikes of course)
- Jetboil Titanium SOL companion cup
- Propane/butane mixture fuel (not very easy to find in rural, small towns...good to always have extra ones on hand)
- MSR lightweight frying pan (great for cooking veggies, quesadillas, etc. over the jetboil stove)
- Pan handle
- Wine bottle opener
- Lighter
- Lexan spoon (long handled, strong, and doesn't absorb flavors and smells as much as other plastic)
- Jetboil utensil kit (spoon, spatula, fork - sent home because it wasn't being used)
Added: We bought a sandwich-sized tupperware at the dollar store and it has been great for storage and the lid doubles as a cutting board
7. Shared food:
- 10 backpacker's pantry dinners for two (light and easy to make...usually we supplement dinner with a few snacks...most have been very tasty with only a couple exceptions)
- 8 Clif gel shots
- 6 Clif shot bloks
- 4 Clif bars
- 10 Honey Stinger bars
- 5 Luna bars
- 4 Clif Mojo bars
8. Shared camp gear:
- Travel bath wipes (nice to have but rarely used since we get occasional real showers)
- Baby wipes (very useful for an assortment of purposes)
- 2 straps, 1 bungee, 2 twisties, and p-chord
- Basic first aid kit
- Medicine baggie
- ACA TransAmerica Bike route map set (these maps are easy to read, water and tear-proof, and full of helpful information for bikers)
- Sunscreen
- Extra ziplock baggies (nice to have some of all sizes, especially for food storage)
- Fire starters (sent home because we haven't had time or energy to build any fires)
- Clothes pins (rarely used, but still have them with us)
- Playing cards
- Laundry detergent
- Pocket knife
- Emergency sleeping bag (sent home because we are never truly in the wilderness and we have a lot of other gear)
- Dr. Bronners (great for dishes, clothes, body, hair, face, etc.)
- Bug repellant (sent home because we haven't had bugs)
- Trowel (great if you know how to use it!)
Added: Sunscreen for the face (so that we would be more inclined to actually use it), we needed to get a large, extra heavy-duty trash bag for Don to use in his duffel so that everything would stay dry when it rained, we also got plastic gloves from Subway and Subway sandwich bags to use on our hands and feet to help stay dry
9. Personal and shared electronics:
- Goal Zero Guide 10 Plus Small adventure kit solar charger (very fun toy, probably not a requirement since we are usually near outlets at least once a day)
- Rechargeable AA batteries
- Rechargeable AAA batteries
- Camera battery charger
- Headphones
- iPad (it turned out that we couldn't upload photos to this blog from the iPad because of strange compatibility issues so we actually brought along my laptop and charger...quite heavy but it has been nice to have along)
- iPad charger
- Camera-computer connector chord
- iPhone charger
- Double headophone jack (haven't used since we are always in private when we listen to music or watch a movie on the laptop)
10. Shared tool kit:
- Pliers
- Cable housing cutters
- Multi-tool
- Bungee chords (great for holding down tent onto rear rack and duffel on the B.O.B. trailer)
- Hand pump
- Rag (for cleaning chains)
- Extra B.O.B. trailer pins
- Extra brake pads/cartridges
- Zip-ties (we ended up using a lot of these and buying more...they definitely come in handy)
- Brake cable
- Gear cable
- Extra spokes
- Cassette tool
- Tire levers
- Electrical tape (an all-purpose item)
- Patch kit
- Chain lube (we needed more than we thought we did...especially in the high, dry climates)
- Extra bolts, washers, nuts, and spoke nipples
- Extra tubes
*We've been very lucky as far as mechanical issues have gone...our only problems have been with the B.O.B. trailer which we will address in more detail when we write a full review
11. Don's personal gear
12. 1st food re-ration:
* We had our first re-ration box sent to us in West Yellowstone (about 1/3 of the way through our trip) and after going through it we sent it back to my mother along with any gear we had decided we didn't need.
- 10 backpacker's pantry dinners for two
- 8 Clif gel shots
- 6 Clif shot bloks
- 4 Clif bars
- 10 Honey Stinger bars
- 5 Luna bars
- 4 Clif Mojo bars
13. 1st re-ration optional items:
- Chacos (did not take...decided to stick with my original shoe idea)
- Journal (did not take...Don had his journal and I only have time to blog)
- Skirt (did not take because it is too cold out)
- Fleece pants (decided to bring from the beginning for extra warmth while camping...glad I did)
- Coffee mug (did not take because we use the cups that come with the jetboil)
- Lexan mug (did not take because we use the jetboil and/or frying pan as our bowls)
- Black Diamond lantern (did take as extra light while camping)
- Bug spray (did not take because we don't have bugs)
- Collapsible bowl (did take as an extra way to eat or separate food duing mealtimes)
- Tupperware bowl with lid (did not take because we use the jetboil and/or frying pan as our bowls)
- Fire starters (did not take because we haven't had any fires)
- Compact mirror (did take but haven't used...will probably send home)
- Sleeping bag liner (did not take because my sleeping bag is the perfect warmth and we aren't that dirty)
14. 1st re-ration items to restock:
- Book (did not take because I haven't finished my first book)
- Baby wipes (did not take because we weren't through our first case)
- 2 gas canisters (did take because we wanted o carry some spare fuel with us)
- Zip-lock baggies (did take because we can always use more baggies)
- Aquamira (should have taken since the day after we sent back our first reration we realized we were out of Aquamira...always good to have extra of this along)
- Laundry detergent (did take since we were running low)
15. 2nd food re-ration:
* We had our second re-ration box sent to my friend's house in Leoti, Kansas (just past our halfway point for our trip) and will be sending a box back to my mother again with gear we don't want or need.
- 10 backpacker's pantry dinners for two
- 8 Clif gel shots
- 6 Clif shot bloks
- 4 Clif bars
- 10 Honey Stinger bars
- 5 Luna bars
- 4 Clif Mojo bars
16. 2nd re-ration items to restock:
- Book (still ahven't finished my first book)
- Baby wipes (don't need any more of these)
- Laundry detergent (can always use more of this)
17. On-the-bike gear:
- Helmet (nice to have a visor for the bright sun)
- Camelbak insulated water bottle (amazing..holds a lot of water and keeps it cooler)
- Short water bottle (really nice to have at least one shorter water bottle so it can fit under faucets and drinking fountains...then you can use it to fill your other bottles)
- Ortlieb handlebar bag
- Ortlieb rear panniers
- Seat bag with flat tire repair kit (because it is convenient and matches my bike)
- Wire bike lock (great as a deterrant so that no one will hop on your bike and ride away...we usually just lock our bikes together and that seems to be sufficient)
- Bell (fun to have for mileage or border crossing celebrations..also nice for getting each other's attention if you're biking with someone else)
- Cyclocomputer (I would like to have one that tells me speed, distance, time, date, temperature, and maybe even elevation and grade)
- Front and rear lights (the brightest you can find...we use rechargeable batteries and turn on our lights whenever it is cloudy, rainy, overcast, or foggy out)
- Not pictured: Don is using a B.O.B. trailer instead of panniers and we will be writing a review comparing the pros and cons of these two different options for carrying gear.


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March 29, 2011
ANTHONY SHORTER,PLAINTIFF,v.R. ROSENTHAL, ET AL., DEFENDANTS.
Screening Order
I. Background
Plaintiff Anthony Shorter ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint on April 8, 2010. Plaintiff subsequently filed a first amended complaint on December 27, 2010. Plaintiff then filed a second amended complaint on March 2, 2011, which is the operative pleading. Doc. 11.
The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). "Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim upon which relief may be granted." 28 U.S.C. § 1915(e)(2)(B)(ii).
A complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief . . . ." Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a claim that is plausible on its face.'" Id. (quoting Twombly, 550 U.S. at 555). While factual allegations are accepted as true, legal conclusions are not. Id.
II. Summary Of Second Amended Complaint
Plaintiff was previously incarcerated at California State Prison at Corcoran ("CSP-COR") where the events giving rise to this action occurred. Plaintiff names the following Defendants: R. Rosenthal, senior librarian at CSP-COR; Dr. G. Doan, and Mr. S. Wortman, vice principals at CSP-COR.
Plaintiff alleges the following. On February 24, 2009, Plaintiff had requested copying services for his writ of habeas corpus, with exhibits. Defendant R. Rosenthal refused to copy the exhibits. On June 15, 2009, respondents had filed a motion to dismiss the writ. Plaintiff filed his opposition on July 21, 2009, and Defendant Rosenthal again refused to make copies of the exhibits. Plaintiff also alleges verbal abuse and harassment by Defendant Rosenthal, which caused mental injury.
Plaintiff alleges that Defendant G. Doan is liable because he was responsible for the operations of the law library. Plaintiff alleges that Defendant S. Wortman is liable because he responded to Plaintiff's inmate grievance regarding this issue and denied it.
Plaintiff requests injunctive relief in the form of copies of his exhibits, and to send a letter to the Central District of California regarding Plaintiff's habeas corpus petition. Plaintiff also requests monetary damages plus court costs.
III. Analysis
A. Access To The Courts
Inmates have a fundamental right of access to the courts. Lewis v. Casey, 518 U.S. 343, 346 (1996). The right is limited to direct criminal appeals, habeas petitions, and civil rights actions. Id. at 354. Claims for denial of access to the courts may arise from the frustration or hindrance of "a litigating opportunity yet to be gained" (forward-looking access claim) or from the loss of a meritorious suit that cannot now be tried (backward-looking claim). Christopher v. Harbury, 536 U.S. 403, 412-15 (2002). For backward-looking claims such as that at issue here, plaintiff must show: 1) the loss of a 'non-frivolous' or 'arguable' underlying claim; 2) the official acts frustrating the litigation; and 3) a remedy that may be awarded as recompense but that is not otherwise available in a future suit. Id. at 413-14.
The first element requires that plaintiff show he suffered an "actual injury" by being shut out of court. Harbury, 536 U.S. at 415; Lewis, 518 U.S. at 351. The second element requires that plaintiff show defendant proximately caused the alleged violation of plaintiff's rights, the touchstone of which is foreseeability. Crumpton v. Gates, 947 F.2d 1418, 1420 (9th Cir. 1991) (citing Parratt v. Taylor, 451 U.S. 527, 535 (1981)); see Tahoe-Sierra Pres. Council, Inc. v. Tahoe Regional Planning Agency, 216 F.3d 764, 784-85 (9th Cir. 2000). Finally, the third element requires that plaintiff show he has no other remedy than the relief available via this suit for denial of access to the courts. Harbury, 536 U.S. at 415. The complaint should state the underlying claim in accordance with Federal Rule of Civil Procedure 8(a). Id. at 417-18.
Plaintiff fails to state a cognizable access to the courts claim. Plaintiff fails to allege that he suffered an actual injury by being shut out of court regarding his writ of habeas corpus. It is also unclear why Defendant Rosenthal's alleged actions in refusing to copy Plaintiff's exhibits gives rise to an access to the courts claim, as it is unclear how this prevented Plaintiff from litigating his habeas corpus petition or filing with the habeas court. Plaintiff will be granted leave to amend as to this claim.
B. Verbal Harassment
Plaintiff alleges verbal harassment by Defendant Rosenthal. Verbal harassment alone does not rise to the level of a constitutional deprivation. Oltarzewski v. Ruggiero, 830 F.2d 136, 139 (9th Cir. 1987) (citation and internal quotation omitted). Additionally, Plaintiff alleges only mental injury. "No Federal civil action may be brought by a prisoner . . . for mental or emotional injury suffered while in custody without a prior showing of physical injury." 42 U.S.C. § 1997e(e).
C. Supervisory Liability
Plaintiff alleges that Defendants Wortman and Doan are liable because of their supervisory positions. The United States Supreme Court emphasized that the term "supervisory liability," loosely and commonly used by both courts and litigants alike, is a misnomer. Iqbal, 129 S. Ct. at 1949. "Government officials may not be held liable for the unconstitutional conduct of their subordinates under a theory of respondeat superior." Id. at 1948. Rather, each government official, regardless of his or her title, is only liable for his or her own misconduct. When the named defendant holds a supervisory position, the causal link between the defendant and the claimed constitutional violation must be specifically alleged. See Fayle v. Stapley, 607 F.2d 858, 862 (9th Cir. 1979); Mosher v. Saalfeld, 589 F.2d 438, 441 (9th Cir. 1978). To state a claim for relief under § 1983 for supervisory liability, plaintiff must allege some facts indicating that the defendant either: personally participated in the alleged deprivation of constitutional rights; knew of the violations and failed to act to prevent them; or promulgated or "implemented a policy so deficient that the policy 'itself is a repudiation of constitutional rights' and is 'the moving force of the constitutional violation.'" Hansen v. Black, 885 F.2d 642, 646 (9th Cir. 1989) (internal citations omitted); Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989). Allegations that Defendants Wortman and Doan are responsible because of their supervisory role amounts at most to liability under a respondeat superior theory, which fails to state a claim. Plaintiff has also failed to allege facts which demonstrate that the actions taken by Defendant Rosenthal, their subordinate, violated Plaintiff's constitutional rights.
IV. Conclusion And Order
Plaintiff fails to state any cognizable claims against any Defendants. The Court will provide Plaintiff with an opportunity to file a third amended complaint curing the deficiencies identified by the Court in this order. Noll v. Carlson, 809 F.2d 1446, 1448-49 (9th Cir. 1987). Plaintiff may not change the nature of this suit by adding new, unrelated claims in his amended complaint. George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (no "buckshot" complaints).
If Plaintiff decides to amend, Plaintiff's amended complaint should be brief, Fed. R. Civ. P. 8(a), but must state what each named defendant did that led to the deprivation of Plaintiff's constitutional or other federal rights. Iqbal, 129 S. Ct. at 1949. Although accepted as true, the "[f]actual allegations must be [sufficient] to raise a right to relief above the speculative level . . . ." Twombly, 550 U.S. at 555.
Finally, Plaintiff is advised that an amended complaint supersedes the original complaint, Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987), and must be "complete in itself without reference to the prior or superseded pleading," L. R. 220. Plaintiff is warned that "[a]ll causes of action alleged in an original complaint which are not alleged in an amended complaint are waived." King, 814 F.2d at 567 (citing to London v. Coopers & Lybrand, 644 F.2d 811, 814 (9th Cir. 1981)); accord Forsyth, 114 F.3d at 1474.
Accordingly, based on the foregoing, it is HEREBY ORDERED that:
1. The Clerk's Office shall send Plaintiff a complaint form;
2. Plaintiff's second amended complaint is dismissed for failure to state a claim, with leave to file a third amended complaint within thirty (30) days from the date of service of this order; and
3. If Plaintiff fails to comply with this order, the Court will dismiss this action for failure to obey a court order and failure to state a claim.
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Kerry to focus on fighting terrorism in trips to Kenya, Nigeria, Saudi Arabia
WASHINGTON, Aug. 21 (UPI) — U.S. Secretary of State John Kerry will travel to Kenya, Nigeria and Saudia Arabia to meet with leaders in the nations, including talks on countering terrorism.
Kerry first meets with Kenyan President Uhuru Kenyatta on Monday in Nairobi "to discuss regional security issues and counterterrorism cooperation, as well as bilateral issues," according to a release from the U.S. Department of State. This includes unrest in neighboring South Sudan and security in Somalia,
Kerry will also meet with Kenyan Foreign Minister Amina Mohamed and other regional foreign ministers to discuss issues.
Kerry then will be in Sokoto, and Abuja, Nigeria, on Tuesday and Wednesday. He will meet with President Muhammadu Buhari to discuss "counterterrorism efforts, the Nigerian economy, the fight against corruption, and human rights issues," according to the release.
Kerry then travels to Jeddah, Saudi Arabia, to meet with senior Saudi leaders, his counterparts from the Gulf Cooperation Council, and the United Kingdom and the United Nations Special Envoy for Yemen.
"His discussion will focus on the ongoing conflict in Yemen and efforts to restore peace and stability," the release said. "Additionally, the leaders will discuss the region's most pressing challenges, including Syria and our global effort to counter Da'esh and violent extremism."
Ahead of the trip, Human Rights Watch wrote a letter to the secretary of state.
"Throughout your trip in all three countries, we urge you to be clear that the United States expects its partners to protect the equal rights of all, including marginalized communities; to ensure security forces protect instead of prey on civilians; and to commit to, as President [Barack] Obama said on his 2015 trip to Kenya, 'uphold the rule of law, and respect … human rights, and … treat everybody who's peaceful and law-abiding fairly and equally," the letter said. "We urge you to reemphasize these sentiments clearly, both in your private meetings and in public commentary."
Sarah Margon, Washington director at Human Rights Watch, said it is an important trip. "The Obama administration will have few remaining opportunities to express its human rights concerns directly to leaders in the region," Margon said in a release. "It shouldn't waste this one."


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Talk:Aster (missile family)
The article mentions that the Aster 30 AAM has a range of up to 120km, whereas the Standard SM2 (block 3 i believe) has a range stated of some 167km - approximately 50% longer. Whilst no more than a naval enthusiast and with no experience in the area, i would have thought that such a range reduction in comparison would have at least led to a mention somewhere. After all, isnt it easier to destroy an inbound aircraft with many ASMs on their racks at long range, rather than dealing with multiple, agile and faster targets at a shorter range? In essense, is the short range of the Aster missiles (the 15 effectively being point-defence only) a concern? Kirby Rourke 11:42, 23 June 2006 (UTC)
It's a complex issue. Missile range is not as simple as just "how far will the missile go" - it's also a matter of how well it can maneuver when it gets there. Many missiles are next to useless at their maximum stated ranges because they arrive with no energy left an maneuver, meaning they can't actually hit anything. Some manufacturers will give this 'useless' range as the range of their missile to make it sound more impressive, while others will state the maximum 'useful' range of the missile. I have no idea if that is the case with the Aster vs SM2, just saying you should be aware of the possibility that you are not necessarily comparing like with like. There is also a question of target acquisition and guidance; unless your target is obliging enough to travel at high altitude, your ship's surface radar isn't going to see it at anything like 167 km so having missiles with that range is rather pointless. BobThePirate 13:57, 1 January 2007 (UTC)
- Well, it gets even more complex than that.
- First of all, there are substantial discrepancies in reported ranges. Aster 30 actually has ranges estimated from 80-120km. SM-2 actually has two or three common estimates flowing in the "marketplace". The most common being 74km and >138km (for some reason numbers in the middle aren't very popular). IMO, the lower range is more consistent with alternate measures, since most agree the SM-1 has a range of 46km, and the SM-2 has about 60% more range due to the more efficient INS/CG/SARH guidance.
- Second point, the Aster 30 is a lighter missile than the Standard.
- Furthermore, any missile is a mix of compromises. An applicable one is that Standard is slow for a long range SAM - only Mach 3.5 peak. This actually benefits it in range, because low-speed flight is more efficient. A similar effect occurs with the HQ-9 and Tien Kung II. Few would think China and Taiwan has better rocket tech than Russia and the US, yet both have a nominally 200km range (matching the S-300PMU2 and longer than the Patriot PAC-3's "big" missiles). The trick is that they are slower (~Mach 4 vs Mach 5 or Mach 6).
- Taking an extreme, the massive 9A82 Giant has a remarkably low range of 100km. This is no doubt partially due to its enormous speed of Mach 8. Since the Russians were interested in shooting down Pershing IRBMs, the compromise suited them fine, and the SA-12B came out as the first conventional ABM system against IRBMs.
- Tactically, long ranges are somewhat useful. At the very least, they can force the enemy down, and that forces them to waste fuel. Some attacking missiles have shorter ranges when fired at lower altitudes (the Kh-22/AS-4 family being an example). With active homing SAMs and datalinking, the ship's surface radar is less important. Though pK would no doubt degrade severely, you could in principle shower the enemy with your weapons using intermittent updates from an AEW helicopter or aircraft.
- In practice, however, there is a point when you just have to say "enough" as you design missiles. In practice, the enemy can plain outrange your SAM with relative ease. Other factors, like a fast speed so your director can re-allocate the guidance uplink faster. Or a smaller missile so you can put cram more onto the ship and take up less volume. Kazuaki Shimazaki 15:46, 11 January 2007 (UTC)
- The reason why the range in the middle might not be popular is perhaps because of the difference between SM-2 MR and SM-2 ER - the extended range variant could be the source of the higher quote. But thankyou kindly for your input, i hadnt considered the speed of the missile as a major determinate as i figured it wouldnt be important if the target was comng right at you, however in the role of area defence, the target might not actually be the ship (or whatever), rather some third target which still needs to be protected. Your reply was enlightening :). 184.108.40.206 03:27, 16 May 2007 (UTC)
This article could benefit from a new paragraph that objectively compares the euro Aster with the american Standard SM-2 and SM-3 systems. In weapons markets it is conventional wisdom that european products look good on paper and in tests, but can never match the combat performance, delivery on schedule and reliability of US products (e.g. JAS-39 / Eurofighter / Rafale are still not fully fielded, yet cannot match the vintage-based F-16 Block 6x and F-15E). 184.108.40.206 12:13, 13 March 2007 (UTC)
Eurofighter can't match the F16 or F15E? That's absurd. Eurofighter would wipe the floor with either one in air to air combat. The F15E probably outdoes it in air to ground, but that's hardly anything to write home about since Eurofighter isn't really a dedicated strike aircraft like the F15E is so you aren't comparing like with like. You might as well say it's inferior to the Galaxy because it doesn't carry cargo. BobThePirate 11:57, 1 April 2007 (UTC)
As one commenter has already demonstrated, a section like that would just turn into an edit-war between nationalists that would never ever ever end. Just put a link to the Standard article at the bottom and people can compare themselves. 126.96.36.199 (talk) 22:40, 24 June 2008 (UTC)
Characteristics Section - are you sure?[edit]
1) Can the onboard radar really track 300 objects? 2) What is meteo, in the context of the role of an onboard radar system? Davidelit 07:07, 30 July 2007 (UTC)
- Onboard means shipboard in this context. I'm pretty sure "meteo" means it can act as a weather radar to detect masses of clouds and rain. --Kazuaki Shimazaki 09:47, 30 July 2007 (UTC)
- That makes more sense. I was wondering how the manufacturers bent the laws of physics to fit all that capability on a 180mm antenna! In any case, that section is ambiguous at best, and presumably belongs in an article discussing the entire weapons system, including the radar. Unfortunately, I'm not the person to write it as I don't have any info... Davidelit 11:32, 30 July 2007 (UTC)
- I just changed "onboard" to "shipboard" - even though the Aster system seems to have a land variant, it seems primarily navalised so i've replaced it with that to (hopefully) reduce confusion. Whether it deserves its own article is still open for debate. 18.104.22.168 (talk) 10:32, 21 April 2008 (UTC)
- That makes more sense. I was wondering how the manufacturers bent the laws of physics to fit all that capability on a 180mm antenna! In any case, that section is ambiguous at best, and presumably belongs in an article discussing the entire weapons system, including the radar. Unfortunately, I'm not the person to write it as I don't have any info... Davidelit 11:32, 30 July 2007 (UTC)
"Additionally the American Mark 41 Vertical Launching System can accommodate Aster 30." - and not documented / referenced.Physically size wise - yes it is smaller, however, have any efforts to integrate the missile into this launcher exist ? Wfoj3 (talk) 00:17, 20 May 2014 (UTC)
Please don't revert my edit again without commenting here. I will explain my issues with the article.
- During the 1980s, the predominant missile was the short-range missile, like the Roland or Crotale, with ranges up to a dozen kilometres.
This is factually wrong. The dominant missile in the British, US and USSR navies was a long range SAM, such as Standard, Sea Dart or S300. If you object to my labelling of the French navy as 'second tier' then ok, I doubt many people knowledgeable in the field would agree with you, but enter an alternate wording, don't revert the whole edit, because the article as it stands implies that the missile loadout of the French navy was indicative of that of all navies in general, and this simply isn't the case.
- During the 1990s, very-short range systems came to complete the defensive perimeter in a five kilometre radius.
I didnt actually edit this, but reading it again, it too is bizarre - these sorts of short-range systems have been around since the 60s, eg. Sea Cat.
- The 2000s are expected to see the replacement of the present medium-range defence systems (ranges between 30 to 100 kilometres) coming to obsolescence. The current range of SAM systems, like the American Sea Sparrow or the Standard-Tartar, the British Sea Dart, or the Italian Aspide, or the land-based systems Hawk and Patriot, cannot be modernised indefinitely,
Actually Standard (no one calls it 'standard-tartar,' it was just developed from tartar) is not planned to be replaced in the near future, which is why I removed it. Indeed, new standard variants are being developed.
To reiterate, if you just object to my saying the French navy is in a class below that of the USN, then fine, but change that word, not the entire edit, which includes many necessary corrections. 188.8.131.52 (talk) 23:34, 24 June 2008 (UTC)
- The French Navy is not "second tier" by any standard. In some capabilities, it exceeds the Russian Navy and the Royal Navy, and is second only to the US Navy (in the sense of being exceeded in all respects. And even that could be debated), which cannot possibly set a standard.
- We are talking about missiles capable of intercepting anti-ship missiles. The Sea Cat is not capable of intercepting Exocet missiles.
- Your point about the Standard missile only confirm what the article says: it cannot be modernised further. Mentionning the USAyan system is important here because it explains why a simple purchase of USAyan ammunition was not performed. Rama (talk) 07:19, 25 June 2008 (UTC)
- Whatever, change the word if it offends your patriotism so much. The USN is incomparably superior to any other navy on earth (for instance, it possesses 10 carriers of 100,000t displacement, compared with France's 1, only semi-functional, 50,000t carrier), but if you want to lump the second tier navies like the Royal Navy (and I'm British; it shouldnt be a matter of nationalism, it's just objective fact), the Russian and Chinese Navies and the French Navy in with it because it makes you feel better, that can be accomodated without changing the meaning of the entire sentence.
Further, to clarify, do you actually disagree with the crux of my edit, ie. that short range missiles like Crotale and Roland did not dominate in the 80s?
- Sea Cat was designed to shoot down missiles, ref. British Destroyers and Frigates by Norman Friedman. You are right that (amazingly) it can't shoot down Exocet, a missile designed two decades later. Exocet isn't the only missile in the world; Sea Cat was designed to shoot down anticipated Russian missiles of the 50s and 60s, not French missiles of the 80s.
- It doesn't at all. Standard is being modernised further. Look at the Standard missile diambiguation page - "SM-6 Standard ERAM, is an upgraded version of the SM-2 under development...". Your continuing to argue this point is utterly ridiculous. 184.108.40.206 (talk) 08:44, 25 June 2008 (UTC)
- I am not calling the US Navy a "Bloated, ill-deployed military force of a paranoid country set on bullying the entire world". I expect the courtesy to be returned and major powers not to be gratuitously insulted.
- Crotale and Roland dominated the European forces. We are not talking about the Chinese army here.
- The Sea Cat might have been designed for it, but it did not. The Exocet is from the 70s, not the 80s. And the problem is not the missiles that you can shoot, but the ones that you cannot. If you really are British and interested in naval missiles, you ought to know.
- The problem equipment available for purchase, not hypothetical equipment. We know that in the dream world, the US military has railguns and killer satellites. But we live in the real world, where it is wasting its ressources in Iraq and purchasing Chinese ammunition. The French have to do with what is on the table now, not what might be on the table in the future (if the USA agreed to sell it, which is far from granted). Rama (talk) 14:33, 25 June 2008 (UTC)
- All navies are second tier to the US navy. I'm not american, and I know this. Arguing against it is folly.
- Crotale and Roland may haev been prominent in Europe (and certain export markets). If that is the case, specify that is was prominent in Europe, not dominant (for the whole world).
- The Sea Cat is an old system, designed for destroying stuff in existence and near-existence. In the 60's. Just like missiles are today (you even said that the Aster was designed with the same purpose in mind). So what? This is obvious. The point was that short-range missiles are not new. It could be said that point defence anti-missile missiles are taking on the role of current and past Phalanx guns. The point is, the role isnt new. It may be true, however, that Aster does it so much better than ever before - if that's the case, then mention that. But its not new.
- The SM-6 Standard missile doesnt seem as far fetched as a railgun, given that it uses a radar from a missile that has been around for a while (AIM-120C) on a body that has been around even longer. The comparison is spurious.
- I am a third party to this 'debate', so i'll leave you both to return to your discussion.188.8.131.52 (talk) 05:40, 3 November 2008 (UTC)
- Nobody is arguing that the US Navy is not the most powerful navy existing now. Someone is, on the other hand, arguing that it is wrong to insinuate that other Navies are therefore irrelevant. It makes particularly no sense to mentally oppose Aster-equipped navies to the US, given that they are allied.
- The middle-range version if the Aster is not only capable of point defence, it can protect a fleet. The short-range role is filled by other systems like Mistral mountings or rapid-fire guns.
- Both SM-6 Standard missile and railguns were unavailable when the Aster went into service, and remain so. The SM-6 Standard ERAM is not expected before 2010 at best. European navies have Horizon frigates nearing commission, and will soon have FREMM too. Given the present environment and the example of INS Hanit, it is no wonder that they are unwilling to commission large ships with self-defence systems made of paper. Rama (talk) 19:43, 3 November 2008 (UTC)
radar section[edit]
the radars sections isn't based on facts. to which radar does the quoted numbers fit? arabel, empar, herakles or sampson? e.g. eurosam.com quotes >100 tracks and 10 engagements for arabel and up to 300 tracks/ 12 engagements for empar. Radar2010 (talk) 21:28, 15 March 2010 (UTC)
Block 2[edit]
I'm seeing mention starting to emerge of an "Aster Block 2" developed as an ABM missile for medium range ballistic missiles. Details seem pretty sketchy, but it seems to involve a kinetic kill head which maneuvers purely by firing little mini jets. Seems like this would be worth including. BobThePirate (talk) 12:10, 8 February 2011 (UTC)
Aster 45[edit]
I read somewhere that there was a proposed Aster 45 variant, with even longer range specifically designed to shoot down satellites. I don't know if research ever went forward but it might be interesting to note if someone knows a good source. Antarctic-adventurer (talk) 20:32, 16 June 2011 (UTC)
- Where?Other dictionaries are better (talk) 09:33, 17 June 2011 (UTC)
- See here under 'Anti-Ballistic Missile Capability' and here to name but two. There are many references out there on the web. It seems that there was an Aster 60 proposed as well. The key part is: "It's hoped to follow this with a "Block 2" version capable of dealing with much more sophisticated and longer-range (1,000+ km) ballistic missiles, this will use a new "Aster 45" missile with an enlarged booster stage and if the go-ahead is given in 2002 it could enter service around 2010-2012. As of June 2005, Aster 45 has no firm timeline." Antarctic-adventurer (talk) 10:36, 17 June 2011 (UTC)
- So the theUK and France want to join in the ABM game too. I thought Aster 30s were enough.126.96.36.199 (talk) 11:42, 17 June 2011 (UTC)
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Map with Aster operators[edit]
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The stock of National Bank of Canada (TSE:NA) gapped up by $0.02 today and has $77.27 target or 69.00% above today's $45.72 share price. The 9 months technical chart setup indicates low risk for the $15.48B company. The gap was reported on Oct, 18 by Barchart.com. If the $77.27 price target is reached, the company will be worth $10.68B more.
Gaps up are useful for using as a support level and to some extent as a tradeable event. If investors already hold the stock and experience a price gap up, then its usually a good idea to hold the stock for a stronger up move. Back-tests of these patterns indicate that two-thirds of the times the stock performance improves after the gap. The area gaps close 89% of the time, the breakaway gaps, 2%, the continuation gaps 4% and the exhaustion gaps 61%. About 585,040 shares traded hands. National Bank of Canada (TSE:NA) has risen 9.69% since March 11, 2016 and is uptrending. It has outperformed by 4.21% the S&P500.
National Bank of Canada (TSE:NA) Ratings Coverage
Out of 8 analysts covering National Bank Of Canada (TSE:NA), 4 rate it a "Buy", 0 "Sell", while 4 "Hold". This means 50% are positive. $57 is the highest target while $35 is the lowest. The $49.27 average target is 7.76% above today's ($45.72) stock price. National Bank Of Canada has been the topic of 37 analyst reports since August 12, 2015 according to StockzIntelligence Inc. On Monday, September 19 the stock rating was maintained by TD Securities with "Hold". The stock of National Bank of Canada (TSE:NA) has "Neutral" rating given on Wednesday, September 21 by Dundee Securities. Scotia Capital maintained it with "Sector Perform" rating and $48 target price in Thursday, August 27 report. RBC Capital Markets maintained it with "Sector Perform" rating and $51 target price in Thursday, December 3 report. RBC Capital Markets upgraded National Bank of Canada (TSE:NA) on Friday, June 3 to "Outperform" rating. The stock has "Hold" rating given by Desjardins Securities on Thursday, September 1. The firm has "Sector Perform" rating given on Tuesday, September 29 by RBC Capital Markets. The stock has "Buy" rating given by Canaccord Genuity on Wednesday, June 8. The stock of National Bank of Canada (TSE:NA) earned "Outperform" rating by Scotia Capital on Thursday, September 1.
More important recent National Bank of Canada (TSE:NA) news were published by: Bloomberg.com which released: "National Bank of Canada Wins North American Panda Bond Race" on September 24, 2016, also Business.Financialpost.com published article titled: "National Bank of Canada joins the ranks of zero coupon issuers, raises €750 …", Bloomberg.com published: "National Bank of Canada Wins N. American Panda Bond Race" on September 24, 2016. More interesting news about National Bank of Canada (TSE:NA) was released by: Fool.ca and their article: "National Bank of Canada: It's Time for This Company to Make a Splash" with publication date: September 30, 2016.
National Bank of Canada is an integrated group, which provides financial services to consumers, small- and medium-sized enterprises (SMEs) and large firms in its domestic market and also offers specialized services internationally. The company has a market cap of $15.48 billion.
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Neeta Tours and Travels operates close to 1 buses from Baroda to Vashi which are separated by a distance of 410Kms.Bus travel is a popular travel option between these two cities, and many buses ply between Baroda and Vashi. Neeta Tours and Travels is a major operator along this route. The first bus starts from 11:55 PM and you can catch buses till 11:55 PM. The Neeta Tours and Travels buses have a minimum bus fare starting from Rs.565, and the maximum bus fare is Rs.565.
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Doctor insights on:
Mole Harmful
How can you tell whether the mole is harmful or not?
If worried, see Dr.: Hard to tell sometimes, but some moles are more worrisome than others. A dermatologist can look for, examine, and biopsy suspicious moles. Concerning signs are: asymmetry (one half of the mole growing faster than the other half), border irregular, more than 1 color in the mole, diameter more than 6mm, and the mole is elevated above the surrounding skin. ...Read moreSee 1 more doctor answer
Moles (Definition)
A mole (also called a nevus) is a localized overgrowth of pigment-producing cells (melanocytes) in the skin. Most moles are benign. However, these cells can become cancerous. This is known as melanoma, ...Read more
What happens once you remove a dangerous/harmful mole?
Depends: First, I am assuming this was not a skin cancer, right? If it was just a benign mole that was harmful by its location or symptoms or a dangerous (pre-cancerous) mole, nothing happens except healing of the site and conversion to, hopefully, an acceptable scar. If the mole was pre-cancerous, you need to be checked for others periodically (every year or so) by a dermatologist. Avoid the sun, also. ...Read more
Are mole removing creams harmful? I wanna remove a natural mole. But can I be at higher risk of getting skin cancer for doing this? Im 16.
Creams not effective: If you have a dark mole you can not remove it with creams nor should you try. The only way to remove a true mole is to excise it completely. If your mole has irregular features it should be evaluated by your doctor. ...Read moreSee 2 more doctor answers
Can a patient request having a mole cut off? Or will the doctor only remove a mole if they suspect it's harmful?
If the doctor: is comfortable doing procedures for cosmetic reasons, then that doctor should be able to remove it for you. ...Read more
Is it possible to have adverse reaction to numbing injections or gels, for example at a mole biopsy?
Possible: You never know how your body will respond to any medication until you don't have it, so off course you can have an adverse reaction. It could be more frequenly a local reaction with inflamation on the area where the shot was placed or a more generalized reaction. ...Read more
Are there harmful symptoms associated with moles?
Not usually: Unless your mole becomes cancerous, meaning melanoma, then mole will not usually cause you any harmful symptoms. ...Read more
Had 4 moles shaved in 2nd trimester. They numbed the area with novacaine, should I be concerned with adverse effects on my baby?
This is not a proble: Local anesthesia is generally considered safe in pregnancy.. ...Read more
I have a mole that has grown larger in size. What shouldi do?
Get it checked: You may or may not have a problem but any mole or pigmented lesion that is changing should be look at by your pcp or a dermatologist and evaluated on short order. As a lay person, you are not in a position to know the warning signs or symptoms or could mistake abnormal for normal. Do not chance it! get it looked at and make sure. Sometimes things belong in a jar and not on your body! best 2 u! ...Read moreSee 2 more doctor answers
My skin mole is a little uneven in color, size is approximately 5 mm?
MOLE UNEVEN IN COLOR: IF YOU ARE WORRIED ABOUT IT, PLEASE SEE A DERMATOLOGIST. HE OR SHE WILL PUT YOUR MIND TO REST. ...Read moreSee 2 more doctor answers
I have a mole that is changing color
Mole : color change of a mole should be evaluated by a dermatologist. Suggest you set up an annual skin check with a local dermatologist. You can find a dermatologist covered by your insurance by looking on your insurance provider website. ...Read moreSee 2 more doctor answers
Nevi (Definition)
Nevi is also known as Birthmark. Nevi is a clinical finding for a pigmented area of skin, such as ...Read more
- Talk to a doctor live online for free
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New Jersey Supreme Court
Decided: April 25, 1941.
FEIST AND FEIST, A CORPORATION, PLAINTIFF-APPELLANT,v.BLOOMFIELD BANK AND TRUST COMPANY, A CORPORATION, FRANCIS A. SCHILLING AND BUDDE SCHIFFENHAUS, DEFENDANTS-RESPONDENTS
On appeal from the Essex County Circuit Court.
For the plaintiff-appellant, Schotland, Harrison & Schotland (Joseph J. Schotland, of counsel).
For the defendants-respondents Bloomfield Bank and Trust Company and Francis A. Schilling, Boyd & Dodd (Harold J. Brown, on the brief, and Ernest J. Kerr, of counsel).
For the defendant-respondent Budde Schiffenhaus, Samuel R. Ball (Ernest J. Kerr, of counsel).
[126 NJL Page 455]
The opinion of the court was delivered by
PORTER, J. This appeal is from a judgment of nonsuit entered by Judge Joseph L. Smith in the Essex County Circuit
[126 NJL Page 456]
Court. The action is to recover brokerage commission on the sale of a factory property from Bloomfield Bank and Trust Company, the owner, Francis A. Schilling, an officer of the bank and Budde Schiffenhaus to whom the bank, through Schilling, sold the property.
The action is based on two theories. First, it is alleged that a written contract was entered into between the plaintiff and the defendant bank for the payment of brokerage commission in the event of the sale of the property; that a purchaser was procured by it to whom the sale was made for $32,500 and that a commission of $1,625 became due, the payment of which was refused. Second it is alleged that the bank, by Schilling who acted for it, and for himself individually and Schiffenhaus did, by fraud, misrepresentations, false statements and secret dealings enter into a conspiracy in the sale and purchase of the property for the purpose of defrauding the plaintiff of its brokerage commission and to receive the same for their own benefit.
The proofs are that Schiffenhaus was vice-president of the Progressive Paper Box Company which was in need of factory space and was considering the purchase of a building; that the plaintiff as broker took Schiffenhaus to see the property of the bank in question and tried to interest him in the purchase of it. He informed the plaintiff at that time and again a few days later that the property was not suitable and he was not interested in it. The plaintiff wrote a letter to the bank under date of April 15th, 1935, advising it that the property had been shown to "Progressive Paper Box Company represented by Mr. Budde Schiffenhaus, Vice-President;" that negotiations were being had for the purchase of the property and that "our commission in case of a sale will be five per cent. of the purchase price." On April 17th, 1935, the bank, by Schilling, as vice-president, wrote to the plaintiff acknowledging the receipt of the letter and said "The commission indicated in your letter will be fully recognized in the event a sale is effected." About a month later Schiffenhaus called on Schilling at the bank and negotiated the purchase of the property for himself. He made no mention to Schilling of the Progressive Paper Box Company nor of his connection
[126 NJL Page 457]
therewith nor that he had been shown the property for that company by the plaintiff. Schilling did not connect him with the correspondence had with the plaintiff in which his name had been mentioned. Schiffenhaus said that he had known of the property previously to being shown it by the plaintiff and had secured the name of the owner from the tax collector. He informed Schilling he said from whom he had acquired the name of the owner and that there was no broker in the transaction and asked and received a reduction in the price because no commissions were to be paid.
A previous action was brought by the plaintiff for commission on this sale and also resulted in a nonsuit. That action was on the contract and was against the bank only. It was appealed to this court and resulted in an affirmance. The opinion was by Mr. Justice Parker, 120 N.J.L. 221, in which was said: "And whatever suspicions might be entertained in regard to the transaction, there was absolutely no evidence to indicate anything but a bona fide sale to a party other than the one named in the correspondence as a prospective purchaser." In the instant suit, unlike the previous one, the plaintiff called as witnesses Schiffenhaus and Schilling who testified to the facts above recited. The transaction was testified to therefore in more detail but the factual situation was not essentially different than as shown in the previous trial.
We conclude that the trial court was right in granting the motion for a nonsuit. The commission would only have become due under the terms of the agreement as shown by the letters of April 15th and 17th, 1935, above referred to if the sale had been made to the Progressive Paper Box Company. The sale was not made to it nor to Schiffenhaus acting for it. The proofs are that Schiffenhaus went into a new business venture for which he purchased the property with money furnished by his wife and that later a corporation was formed to carry on the said business and the property was conveyed to it. Moreover, the Progressive Paper Box Company was not in good financial condition at the time of the purchase of this property and has since gone into receivership.
Neither from the testimony nor from any proper inferences
[126 NJL Page 458]
to be drawn therefrom do we find any fraud or conspiracy by any of the defendants as alleged in the complaint. Compare Resky v. Meyer, 98 N.J.L. 168; Baron v. Wisnowski, 102 Id. 46; Lough v. Spicer Manufacturing Co., 105 Id. 152; Murray Appelbaum, Inc., v. Bernstein, 104 Id. 664; Flaster v. Lincoln Tidewater Terminals, 124 Id. 69; Dubowy v. Bean, 4 N.J. Mis. R. 290.
The judgment is affirmed, with costs.
For affirmance -- THE CHANCELLOR, CHIEF JUSTICE, PARKER, CASE, BODINE, DONGES, PORTER, COLIE, DEAR, WELLS, WOLFSKEIL, RAFFERTY, HAGUE, THOMPSON, JJ. 14.
For reversal -- HEHER, PERSKIE, JJ. 2.
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Faerie Village Volume 1
Posted by agata June 13, 2011
Posted in BUNDLE, DAZ | Poser | Carrara, Scenes & Props
Faerie Village Volume 1 is a new home for the wee folk of the air and water. Seven beautiful buildings with medium resolution texture maps (1024×1024), plus a bonus 8th model only for purchasers of the Complete Edition. All buildings use "unwrapped" textures for easy modification.
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Thread: What is SSH?
09-22-2002, 01:57 PM #1WHT Addict
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What is SSH?
My webhost says it has login by SSH.... What is SSH. I assume it's using FTP but more secure?
Is they have SSH will my host support SSH2? I'm using cuteFTP pro and i FTPed in using SSH2 so they do right?
09-22-2002, 02:01 PM #2Web Hosting Master
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SSH - Shell access. It allows you to perform tasks such as moving files, making changing to databases etc. It is mainly used for more advanced tasks that can't be done via FTP etc. Most of the time it comes down to personal choice because these days with control panels etc. most tasks can be done without SSH, although it's still a handy tool to haveChris Adams - CEO - Rochen Ltd. - chris (at) rochen (dot) com
Now offering both US & UK premium business hosting, reseller hosting and managed virtualized services.
rochen.com | rochen.co.uk | blog.rochen.com | forums.rochen.com | Twitter: @rochenhost
09-22-2002, 02:28 PM #3Web Hosting Master
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You just need to know how to use Linux.hostVentura
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09-22-2002, 02:31 PM #4Aspiring Evangelist
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It's used as a secure replacement for telnet.
As rochen said, if you are using a control panel you probably won't need it often but it's good that your host provides it.movabletypehost.com / xarayahost.com / tikihost.com : Interested?
09-22-2002, 03:18 PM #5Newbie
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here is alink that may be of use
A forum for the graphic artist.
09-22-2002, 03:39 PM #6Web Hosting Master
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SSH = God. If your host has port 23 (Telnet) open, run! SSH doesn't have the same vulnerabilities most Telnet daemons have.-Mooneer
Thoughtbug Software: Hosting shouldn't require any thought.
Legitimate host? Support the Code of Ethical Conduct


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How To : Hang Curtains Without Making Holes in the Wall
Do you live in a dorm room or apartment where you are not allowed to make holes in the wall? Are your parents strict about messing with the paint job in your bedroom? Not to worry: if you want to hang curtains, you can do so without any tools. No holes, no nails, no screws, no ...more


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ALLCapture is the ultimate screen recorder for capturing your desktop in real-time. Record screen activities in real-time to quickly and easily create videos, demos, software simulations, screencasts and tutorials without any programming language necessary! The Enterprise version of ALLCapture includes a comprehensive Add-On packet to help design your videos and demos with a more professional look. SkinStudio is used to create individual looking text objects and speech bubbles and PanelStudio is perfect for personalizing the navigation toolbar and adding images such as a corporate logo.
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