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decided: July 19, 1979.
AMOCO OVERSEAS OIL CO., PLAINTIFF-APPELLEE,v.COMPAGNIE NATIONALE ALGERIENNE DE NAVIGATION ("C.N.A.N.") AND T/S IN AMENAS, HER ENGINES, BOILERS, TACKLE, ETC., AND THE FREIGHTS OF T/S IN AMENAS, DEFENDANT-APPELLANT ; AMOCO TRANSPORT COMPANY AND AMOCO OVERSEAS OIL COMPANY, PLAINTIFFS-APPELLEES, V. COMPAGNIE NATIONALE ALGERIENNE DE NAVIGATION ("C.N.A.N."), DEFENDANT-APPELLANT.
Appeal from an order of the District Court for the Southern District of New York (Hon. Charles H. Tenney, Judge) refusing a motion under F.R.Civ.P. 60(b) to reopen a previous default judgment. The Court of Appeals held that there was no jurisdictional defect in the judgment and that the District Court had not abused its discretion in declining to reopen the judgment on other grounds. Affirmed.
Before Lumbard, Mansfield and Gurfein, Circuit Judges.
This is an appeal from an order of the District Court for the Southern District of New York (Hon. Charles H. Tenney, Judge) refusing appellant's motion under F.R.Civ.P. 60(b) to reopen a previous default judgment entered on behalf of appellees. Amoco Overseas Oil Co. v. Compagnie Nationale Algerienne, 459 F. Supp. 1242 (S.D.N.Y. 1978). Appellant broadly argues that there was no jurisdiction to enter the original default judgment and that in any event the District Judge should have set the judgment aside.
This case is a procedural "comedy of errors." In the summer of 1976 appellant Compagnie Nationale Algerienne de Navigation ("C.N.A.N.") entered into a contract of Tanker Voyage Charter Party with appellee Amoco Transport Company ("Transport") for the carriage of a large quantity of crude oil from Egypt to a port outside the United States. The contract was negotiated between C.N.A.N.'s broker in France and Transport's broker, Poten & Partners, Inc. ("Poten"), in New York. The oil was shipped by Amoco Egypt Oil Company and was to be delivered to appellee Amoco Overseas Oil Company ("Overseas").
Delivery was ultimately made in Curacao, Netherlands Antilles. Some time after the oil was discharged, and after the freight payments had been deposited with Poten in New York for remittance to C.N.A.N., appellees discovered that the full quantity of oil due had not actually been delivered. They commenced this action quasi in rem on August 20, 1976 by obtaining an order of attachment against funds credited to C.N.A.N. in Poten's account at the First National City Bank in New York City.
The attachment was effected under state law, N.Y.C.P.L.R. §§ 6201 Et seq., pursuant to F.R.Civ.P. Supplemental Rule B (for certain admiralty and maritime claims). By inadvertence, appellees did not also utilize the federal procedure which may be employed "in addition" under Rule B(1). Accordingly, it was incumbent upon them to perfect their state quasi in rem jurisdictional base by complying with New York statutory requirements. § 6214. Among these is the requirement that within 90 days after the order of attachment is levied upon the property it must actually be taken into custody by the sheriff (if tangible) or the plaintiff must commence a special proceeding against the garnishee. § 6214(c), (d) & (e). Otherwise, the levy becomes void. § 6214(e). The 90-day period here started to run on August 20.
Appellees failed to have the funds taken into custody or to commence a special proceeding during the 90-day period. On October 21, 1976, before the 90-day period had expired, however, the District Court entered a default judgment for inquest, finding that appellant was in default and assigning assessment of damages to a magistrate. On March 21, 1977, unaware that the levy upon the funds had lapsed, the District Court adopted the magistrate's findings and two days later entered final judgment for $378,977.33 against appellant.
When appellees sought to execute this judgment, the Bank refused to surrender the funds because the levy had become void. Appellees hastened back to court to reattach the funds both under Admiralty Rule B and by seeking Ex parte an "extension nunc pro tunc" of the time period during which to perfect the original attachment. The extension nunc pro tunc was granted on March 31, 1977, and on April 1, 1977, an amended default judgment was entered. Though it is quite clear that C.N.A.N. had actual notice of the action before Judge Tenney, it did not respond or appear in any way.*fn1 Having ignored the United States court during the proceedings and for approximately a year after final judgment, appellant finally made its first appearance.
On April 1, 1978, appellant made a motion in the District Court seeking relief from the default judgment under F.R.Civ.P. 60(b); inasmuch as April 1 was a Saturday, the motion was not actually docketed until April 3, more than a year after final judgment.
Appellant attacked the jurisdiction of the court to enter the judgment on several grounds, asserting that (1) under state law jurisdiction under the void attachment could not be restored by an order nunc pro tunc; (2) restoration of the levy was in any event barred after January 1977 when the Foreign Sovereign Immunities Act of 1976, 28 U.S.C. § 1602 Et seq., came into effect; and (3) quasi in rem jurisdiction in this case was a violation of due process. Appellant further urged that the default should be set aside under Rule 60(b) (1) for mistake, inadvertence and excusable neglect, or, alternatively, under 60(b)(6) for "just" reasons.
Judge Tenney rejected the jurisdictional challenges, ruling that (1) state law permitted a nunc pro tunc restoration of the levy; (2) the Immunities Act did not apply because jurisdiction over appellant was originally asserted before the Act came into effect; and (3) the jurisdiction quasi in rem was governed by traditional admiralty principles and was not, in any event, within the scope of the Supreme Court's recent decision in Shaffer v. Heitner, 433 U.S. 186, 97 S. Ct. 2569, 53 L. Ed. 2d 683 (1977), concerning due process limitations on quasi in rem jurisdiction. The District Judge also held that the motion to set aside under Rule 60(b)(1) was untimely and that extraordinary relief under Rule 60(b) (6) was unwarranted. From this decision, C.N.A.N. appeals.
Authority under New York law for a judicial extension of the period of time in which a levy of attachment may be perfected is found in N.Y.C.P.L.R. § 6214(e). That section's predecessor under the old Civil Practice Act was § 922, which provided that an extension of the 90-day period could be had upon an application to the court Prior to the expiration of the 90 days. See Carroll v. Manufacturers Trust Co., 202 F.2d 714, 715 (2d Cir. 1953) (per curiam); Nemeroff v. National City Bank, 262 App.Div. 145, 146-47, 28 N.Y.S.2d 295 (1st Dept. 1941). If § 922 were still in force, it would have been error in this case for the District Court to extend the 90-day period of the levy after it had expired.
When C.P.L.R. § 6214(e) superseded § 922, however, the wording of the extension provision was significantly altered. Unlike § 922, § 6214(e) does not specify that an extension of the 90-day term of the levy must be ordered Prior to the close of that period. The new subsection "is worded broadly enough . . . to permit a court to grant an extension after the levy becomes void as long as any rights in the property or debt acquired by a third person are protected." 7A Weinstein, Korn & Miller, New York Civil Practice § 6214.15, at 62-140; Accord McLaughlin, Supplementary Practice Commentaries, 7B McKinney's Consolidated Laws of New York, 1964-1978 Supplementary Pamphlet CPLR 6001-7700, at 61 ("This result is commendable, so long as there are no intervening lienors.").
Two New York courts have taken this change in the statutory wording to hold that the levy period may be extended even after the levy has become void. Seider v. Roth, 28 A.D.2d 698, 280 N.Y.S.2d 1005 (2d Dep't 1967); Cenkner v. Shafer, 61 Misc.2d 807, 306 N.Y.S.2d 634 (Sup.Ct.1970) (dictum). Contra, Worldwide Carriers, Ltd. v. Aris Steamship Co., 312 F. Supp. 172, 175 n.5, 177 (S.D.N.Y.1970).*fn2 Appellant attempts to distinguish Seider and Cenkner on the ground that they involved attachment of insurance policies, pointing out that the Seider Court remarked that "(t)his is a proper case for the grant of extension of time . . . in view of the novelty of the question, the uncertain state of the law And the fact that the requirement of CPLR 6214 is largely ministerial as it relates to intangible property." (Emphasis added.) 28 A.D.2d at 699, 280 N.Y.S.2d at 1007. Without inquiry into whether the credit balance attached is an "intangible," we note that the Appellate Division did not hold that the court, in case of a tangible, would be without Power to grant the extension after 90 days, but rather that the ease of administering an attachment of intangibles was a factor for the consideration of the court. Certainly § 6214(e) itself makes no distinction between tangible and intangible property with respect to extensions of the levy period.
Appellant also argues that permitting post-90-day extensions of the levy period will reduce the 90-day time limit on levies to insignificance. We disagree. The fact that courts have the power to extend the period after 90 days have passed does not mean that extensions will always be granted. Moreover, the 90-day period retains significance with respect to the rights of third parties. Weinstein, Korn & Miller, supra, at 62-140; McLaughlin, Supplementary Practice Commentaries, Supra, at 61.
Nor is appellant in a position to complain that the extension of time here was unfair. Had appellees originally also attached under Admiralty Rule B, as they would have done absent a clerical oversight, jurisdictional attachment would not have required physical possession of the Res within Any specified period. In the context of this admiralty case, therefore, the lapse of the levy is not significant in terms of appellant's substantial rights. There is no real prejudice to appellant in retroactive extension of the period in which the appellees' levy may be perfected.*fn3
Appellant next contends that even if a retroactive extension of the perfectibility period is now permissible under state law, that extension was, nevertheless, forbidden because the Foreign Sovereign Immunities Act, which bars jurisdictional attachment of the property of a foreign sovereign, 28 U.S.C. §§ 1609 & 1610, came into effect on January 19, 1977, before appellees were granted the nunc pro tunc extension order.*fn4 It is conceded that appellant is the instrumentality of a foreign sovereign the Democratic & Popular Government of Algeria and that C.N.A.N.'s property is therefore the property of that foreign sovereign.
The Act, § 1609, makes the property of a foreign state immune from attachment After the effective date of the Act. The attachment here was Before the effective date of the Act. The argument is made, however, that the attachment became void by the failure to perfect the levy within ninety days, and that when the nunc pro tunc order was entered by Judge Tenney, the Act had already become effective. We think that the argument mistakes the levy for the order of attachment. The levy may have become void, or as we have seen, voidable subject to reinstatement under State law, but the order granting the attachment was never itself rendered void. It subsisted so that a new levy, the means of executing the continuing valid order, could be made under it. Freedom Discount Corp. v. Clune, 32 A.D.2d 833, 834, 302 N.Y.S.2d 465 (2d Dep't 1969); And see National American Corp. v. Federal Republic of Nigeria, 448 F. Supp. 622, 634 (S.D.N.Y.1978). Since the order to attach was made before the effective date of the Act, as we construe the Congressional intention, it was not yet subject to the Act. Indeed, but for the fortuitous failure to complete attachment under Admiralty Rule B, there would be no question that attachment was effected well before the Immunities Act came into play.
Appellant argues that the decision of Judge Tenney in Yessenin-Volpin v. Novosti Press Agency, 443 F. Supp. 849 (S.D.N.Y.1978), is in its favor. That case did not involve retroactive application of the Act to quasi in rem attachment proceedings which had already begun. To the extent that the judge in that case relied upon the preamble to the Act which states that "claims of foreign states to immunity should henceforth be decided by courts of the United States and of the States in conformity with the principles set forth in this chapter," § 1602, we would not follow the interpretation that "henceforth" means from the date of Enactment of the Act, because Sections 1609 and 1610 which deal with attachment, use the phrase "after the effective date of (the) act." Moreover, applying the Immunities Act to prevent retroactive perfection of the levy will prejudice very substantial antecedent rights of the appellees, since they had obtained a default judgment for inquest while the levy was in force and well before the effective date of the Act. We do not believe that it was the "manifest intention of the legislature," Greene v. United States, 376 U.S. 149, 160, 84 S. Ct. 615, 11 L. Ed. 2d 576 (1964), quoting Union Pac. R. Co. v. Laramie Stock Yards Co., 231 U.S. 190, 199, 34 S. Ct. 101, 58 L. Ed. 179 (1913), to apply the Immunities Act in such a case.*fn5
As a matter of fact, Congress did not intend to make the foreign state immune in suits in admiralty to enforce a maritime lien against a vessel or cargo of the foreign state when the maritime lien is based upon a commercial activity of the foreign state. 28 U.S.C. § 1605(b). Though here both vessel and cargo were clearly engaged in commercial activity, they were not within our territorial jurisdiction. The very exception for this type of admiralty claim, however, fortifies our conclusion with respect to Congressional intent. The attachment here was of the freights which stood in place of the cargo.*fn6 The property ordered to be attached was not here fortuitously. It had a direct nexus to the litigation over the shortage of oil. Hence, the result we reach does not run contrary to the spirit of the Immunities Act.
Appellant's final challenge to the jurisdiction of the court below is based upon the due process clause as it restricts the assertion of personal jurisdiction through proceedings by attachment. Because jurisdiction over appellant here is quasi in rem, appellant argues that it is invalid under the Supreme Court's recent decision in Shaffer v. Heitner, 433 U.S. 186, 97 S. Ct. 2569, 53 L. Ed. 2d 683 (1977).
Shaffer completed the process of supplanting the old doctrine of personal jurisdiction based upon state sovereignty with a newer theory of personal jurisdiction stemming from notions of due process. See id. at 196-206, 97 S. Ct. 2569; International Shoe Co. v. Washington, 326 U.S. 310, 66 S. Ct. 154, 90 L. Ed. 95 (1945). Under the regime of Shaffer, the test of " "fair play and substantial justice' " that governs in personam jurisdiction controls in rem jurisdiction as well. Shaffer, supra, 433 U.S. at 207, 97 S. Ct. 2569, 2582. But this extension of the "fair play" test to the ostensible exercise of jurisdiction over property is not necessarily incompatible with the principle of jurisdiction quasi in rem because "the presence of property in a State may bear on the existence of jurisdiction by providing contacts among the forum State, the defendant, and the litigation." Id. The real "teaching of Shaffer is that courts must look at realities and not be led astray by fictions." O'Connor v. Lee-Hy Paving Corp., 579 F.2d 194, 200 (2d Cir.), Cert. denied, 439 U.S. 1034, 99 S. Ct. 638, 58 L. Ed. 2d 696 (1978).
Analyzing Shaffer from that standpoint several distinguishing aspects of the instant case become evident. First, and most notable, is the fact that here, unlike Shaffer, the property attached is related to the matter in controversy. See Shaffer, supra, 433 U.S. at 207-09, 97 S. Ct. 2569. Far from being present in New York adventitiously, Compare Harris v. Balk, 198 U.S. 215, 25 S. Ct. 625, 49 L. Ed. 1023 (1905); O'Connor, supra, at 198, the freights that were attached were in Poten's accounts in New York pursuant to the Charter Party. Had there been some default in the payment of the freights therefore, C.N.A.N. might well have availed itself of the opportunity to sue Poten, whom it designated to receive the freights, in New York, and possibly also Poten's principal, Amoco Transport. See Engineering Equipment Co., v. S. S. SELENE, 446 F. Supp. 706, 710 (S.D.N.Y.1978).
Second, Shaffer involved an attempt by one domestic state to assert jurisdiction over defendants who, it appears, could have been sued in at least one other state in the United States. 433 U.S. at 190, 211 n.37, 97 S. Ct. 2569, 53 L. Ed. 2d 683. Here, on the other hand, the jurisdictional issue is whether appellant may be sued in the United States at all. We have no way of knowing whether appellant would be amenable to suit elsewhere in the world. Thus, there are elements of "jurisdiction by necessity" in this case. See Comment, Supreme Court, 1976 Term, 91 Harv.L.Rev. 70, 162 (1977).
Third, Shaffer did not consider assertion of jurisdiction over property in the admiralty context.*fn7 Because the perpetrators of maritime injury are likely to be peripatetic, Ex Parte Louisville Underwriters, 134 U.S. 488, 493, 10 S. Ct. 587, 33 L. Ed. 991 (1890), and since the constitutional power of the federal courts is separately derived in admiralty, U.S. Constitution Art. III § 2, suits under admiralty jurisdiction involve separate policies to some extent. This tradition suggests not only that jurisdiction by attachment of property should be accorded special deference in the admiralty context, but also that maritime actors must reasonably expect to be sued where their property may be found.
Bearing these considerations in mind, we believe that the presence of the freights in New York, sent to New York with the agreement of appellant, is a sufficient basis for personal jurisdiction under the due process standard of Shaffer v. Heitner. Our conviction that it is fair to assert jurisdiction here is strengthened by the fact that the parties to the Charter also specified that arbitration was to take place in New York. The existence of such an agreement carries considerable weight in demonstrating that it is not unfair to require the parties to litigate in the forum in which arbitration was designated to take place. Compare Merrill Lynch, Pierce, Fenner & Smith v. Lecopulos, 553 F.2d 842 (2d Cir. 1977). And cf. Intermeat, Inc. v. American Poultry, Inc., 575 F.2d 1017 (2d Cir. 1978).
Finally, appellant urges that even if there was jurisdiction to enter this default judgment it should be set aside under Rule 60(b)(1) or Rule 60(b)(6).
Rule 60(b)(1) permits a district court to relieve a litigant from a judgment because of "mistake, inadvertence, surprise, or excusable neglect." Motions under subsection (b)(1), however, must "be made within a reasonable time, and . . . not more than one year after the judgment . . . ." Since the final judgment in the original proceeding against C.N.A.N. was entered on April 1, 1977 and the Rule 60 motion filed by appellant was not actually docketed until April 3, 1978, Judge Tenney held below that the motion was not timely filed because it was submitted more than one year after the judgment. 450 F. Supp. at 1249; App. 322.
Appellant contends that this ruling was erroneous because the motion was actually delivered to the District Court on April 1, 1978 exactly one year after final judgment but was not entered on the docket sheet until April 3 because April 1 was a Saturday. This contention is buttressed by F.R.Civ.P. 6, which provides that when the time period for filing expires on a Saturday, the following Monday should be treated as the last day.
Although Judge Tenney was incorrect in his determination that the Rule 60(b)(1) motion was filed over a year after judgment, his ultimate holding that the motion was untimely can be founded upon the alternative requirement that motions under the Rule be made within "a reasonable time." Although the fact that a motion was made barely within the one-year time limit gives the court the Power to entertain it, as the delay in making the motion approaches one year there should be a corresponding increase in the burden that must be carried to show that the delay was "reasonable." The District Judge indicated in his consideration of appellant's Rule 60(b)(6) motion that the delay might well not have been reasonable. 459 F. Supp. at 1250. Appellant's briefs offer no explanation to support its substantial delay in attempting to reopen the default judgment. Under these circumstances, it is difficult to see why a delay that falls within the absolute one-year bar by a hairsbreadth should necessarily be considered reasonable, at least where a 60(b)(1) motion is concerned.
To prevail on its alternative motion under Rule 60(b)(6), which has no specific time limit, the appellant had to demonstrate that there are extraordinary circumstances or extreme hardship that warrant relief from the judgment. United States v. Cirami, 563 F.2d 26, 32 (2d Cir. 1977).*fn8
Judge Tenney carefully considered whether appellant's circumstances met the standards of Rule 60(b)(6) relief and concluded that they did not, relying primarily upon appellant's "failure to assert anything but a sketchy and desultory defense on the merits of the underlying action . . . ." 459 F. Supp. at 1250. That conclusion is supported by the long delay in mounting this attack on the judgment, which has seriously weakened appellees' case by making it less likely that they will be able to recover documents and records that show a shortfall in the oil delivered. In a case like this, delay can mean defeat. We cannot say that the District Judge's decision against affording Rule 60(b)(6) relief was an abuse of discretion, See 11 Wright & Miller, Federal Practice & Procedure § 2872 (1973).
The judgment appealed from is affirmed.
MANSFIELD, Circuit Judge (concurring):
I concur in Judge Gurfein's carefully considered and well reasoned opinion except for that part of Section I which would revive the court's Quasi in rem jurisdiction by construing N.Y.C.P.L.R. § 6214(e) to permit a Nunc pro tunc extension of a levy that had become void because of failure to take custody of the funds in the Poten account. The court normally loses jurisdiction when it loses control over the res. In my view the retroactive resurrection of lost jurisdiction through a Nunc pro tunc fiction would nullify the purpose and effect of § 6214(e)"s ninety-day provision.
However, I am persuaded that the levy in the present case was continuously effective, even though the marshal had not reduced the funds to actual possession, because it appears that following the levy the garnishee had set aside or at least frozen the account pending further notice from the marshal, thus giving the marshal what amounts to constructive possession. See Fantasy Records, Inc. v. Travelers Indemnity Co., 54 Misc.2d 799, 283 N.Y.S.2d 473, 475 (N.Y.Cty.1967); National American Corp., supra, 448 F. Supp. 622, 634 (S.D.N.Y.1978). Moreover, I am further persuaded, for the reasons stated by Judge Gurfein, that even if the levy had lapsed, this should not be of jurisdictional significance in an admiralty case as long as physical possession of the res is ultimately acquired.
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is this game worth 5.99? If so, should i get this and crash?
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text: Moving Violationz Ryan Bell Chicago Hailing from upstate N.Y. but now situated in the "City of Big Shoulders", Chicago, IL, Ryan Bell a.k.a. Moving Violationz always saw himself involved in music from an early age but was never able to capitalize on any sort of lessons in a particular instrument growing up in the smallish towns of Binghamton and Cortland, N.Y., save for some beginner lessons on the recorder flute and acoustic guitar. He grew up in the seminal early 80's, gaining influence early on from synthpop pioneers Thomas Dolby, Depeche Mode, Erasure, and the Pet Shop Boys and immediately fell in love with the classic sounds of the era's signature keyboards and synths. These sounds are what also drew him to film music, as he was additionally mesmerized by the synthetic classical noodlings of Vangelis, Giorgio Moroder, and Harold Faltermeyer (just to name a couple) for their respective work on the scores for "Chariots of Fire", "Midnight Express" and "Top Gun". Without sounding like too much of a hard luck case, his ordeal of living a very sheltered adolescenthood, nevertheless, left him without alot of exposure to any kind of music, his first love! Disillusioned, he seemed to wander around aimlessly in a musical wasteland for three years after moving out on his own at the age of 18 in 1992. That was until, while enlisted in the Navy, he stumbled on hearing the classically-tinged synthetic bombast of Hans Zimmer in 2 films that changed his life seemingly forever: "Crimson Tide" and "Broken Arrow" in 1995 and 1996, respectively. With a new found love of film scores guiding his footsteps and ideas, Ryan resolved to ultimately become a composer of the film music he had started to (at this point) avidly collect and admire. Little did he know what would step up to greet him, influence, shape, and mold his musical directions next! Upon moving to Chicago and meeting his Occum's Razor bandmate, Truth One a.k.a. Andy Woodman in 2000, Ryan was introduced to the menacing, pummeling breakbeats of drum and bass/jungle through a CD of Andy's from Philadelphia DJ and producer Dieselboy called "The 6ixth Session"! What struck Ryan like a 500 megaton bomb was the fact that drum and bass, like film scores, seemed (and indeed is) the perfect music of such extreme contrasts, tranquil and a thing of beauty one second and then, unexpectedly, a brutalizing juggernaut of beats bludgeoning you into submission. This was evident in "The 6ixth Session"'s opening transition from Dieselboy's own peaceful but dissonant intro to the battle cry, angry reece, and subsequent "murder-the-world" beats of Konflict's seminal jungle anthem, "Messiah". Needless to say, it was all "downhill" from there, as the impression left by this new (to Ryan) form of music truly changed his life---FOR GOOD! From then on, it wasn't enough that he should attempt to DJ the music that had permanently changed him, HE WANTED TO CREATE IT! Going off of what he had learned hands-on about creating film scores -- he had created an 8-cue demo CD of interesting soundscapes he felt would be useful in various types of visual media a few years prior -- Ryan set out to pay homage to all his influences by creating what would hopefully be an interesting melange of classical touches, trancey atmospheres as well as (on the other side of the coin) militaristic drums and angry textures. What you hear on this page is a culmination of these efforts! Moving Violationz's tracks Emotive by Moving Violationz published on 2016/04/15 23:22:36 +0000 The Evolution of Scientific Chaos by Moving Violationz published on 2015/04/01 19:16:13 +0000 Film Soundcloud Edit by Moving Violationz published on 2014/09/23 06:17:56 +0000 Justified by Moving Violationz published on 2013/12/22 21:35:33 +0000 Black Sun Empire and Noisia - Hideous (Moving Violationz Remix) by Moving Violationz published on 2013/12/11 16:25:36 +0000 Moving Violationz - Exorcism by Moving Violationz published on 2013/07/14 17:06:17 +0000 N-Joi - Adrenalin (Moving Violationz Remix) by Moving Violationz published on 2013/07/14 16:23:27 +0000 Moving Violationz - Feel Like Dying by Moving Violationz published on 2012/05/18 11:24:45 +0000 Painful life part 2 demo by Moving Violationz published on 2012/03/07 17:58:46 +0000 Painful Life demo by Moving Violationz published on 2012/03/07 17:42:41 +0000


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Active with contract. Short Sale! Bank approved at list price!!! Come see this townhome in north St Petersburg. Convenient location. This unit is 2 bedrooms with 1.5 baths. Features a formal dining area and breakfast bar in kitchen. Also has ample storage space with walk in closets in both bedrooms and laundry room upstairs. Come and see this one before it is gone!


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6.5% of US consumers shopped during Thanksgiving dinner
And mobile revenue increases year over year on Black Friday, as more shoppers turn to their smartphones, a new study finds.
6.5% of US consumers shopped during Thanksgiving dinner
And mobile revenue increases year over year on Black Friday, as more shoppers turn to their smartphones, a new study finds.
Amazon will launch a store with no checkout lane
Shoppers will scan their Amazon Go app at the store's entrance, and the technology will track which items they pick up and add them ...
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Lucy.com is what it calls itself-righteous-in its approach to selling women's athletic apparel online. The Portland, Ore.-based mostly pure-play, which recently expanded with a high-profile store at the New York City Crunch fitness center, made a mark this year by introducing its "shop by body type" category. The feature introduced in August allows shoppers to pick from eight different body types, including tall, boyish, pregnant, plus and curvy. Thus the company remains true to its mission "to outfit women of every size, shape and fitness," while avoiding the costs of imaging technology that has the potential to alienate shoppers. Using photos instead of more complicated technical bells and whistles also keeps downloading time to a minimum. Keven Wilder, of Chicago-based Wilder & Associates, says the use of virtual modeling online still is confusing. "This is more intuitive than virtual modeling because Lucy.com makes it easier by covering the things that women are generally worried about," in terms of fit and what looks good on which body type.
Other helpful features Lucy has added since its November 1999 launch include tabs that allow consumers to shop by sport and by brand. Heavy on content for athletic women, including positive feel-good style suggestion articles, the site also combines its Buy a Bra function with raising awareness and money for breast cancer research, donating a dollar to the cause for every bra sold in October, breast cancer awareness month. Not only is the retailer enhancing its online presence, Lucy.com also has been on the forefront of other e-commerce trends by opening a retail store at Crunch and mailing a catalog that mirrors the sport and body type solutions on the web site.
Portland, Ore.
Monthly visitors: N/A
Sales: N/A
Went live: November 1999
Design by: In-house &
Emerald Solutions
OS: Windows NT
E-C Software: InterWorld
Here are five technologies that can unleash the power of all the data an online ...
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Apps engage a retailer's most loyal shoppers, but technical hurdles keep many merchants from taking ...
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Online retail is hard, grocery retail is really hard, so online grocery is, of course, really, really hard."


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THERE is a saying here that wars tend to be fought three times. First comes the battle over whether to go to war. Second is the war itself. Third is the battle over the war's meaning once it is over.
Two months after the fall of Baghdad, the third fight is well underway, now that the principal rationale cited by President Bush and Secretary of State Colin L. Powell for war with Iraq -- that Saddam Hussein's possession of chemical and biological weapons posed an imminent threat -- remains clouded by doubt. No chemical and biological weapons have been found, and some experts say they will never be found.
Before the war, Senator Joseph Biden of Delaware, ranking Democratic member of the Senate Foreign Relations Committee, said that the administration was exaggerating its case for war -- a war he supported. He cited administration statements that Iraq was ''on the verge'' of getting nuclear weapons, when in fact it was not close. Also overstated, he said, were the existence of actual chemical and biological weapons and Iraq's links to terrorism.
''It's pretty clear that different administration officials overstated their case,'' said Kenneth M. Pollack, an Iraq expert at the Saban Center of the Brookings Institution and a member of the National Security Council in the Clinton administration, who was a leading advocate of going to war with Saddam Hussein.Continue reading the main story
Public opinion surveys suggest that the failure to find these weapons may have little effect on the support Americans have given to Mr. Bush and his conduct of the war, particularly since weapons experts have found evidence for what appear to have been programs and facilities to make chemical and biological arms. Still, if such weapons are not found, some historians, politicians and others worry about what might happen if Mr. Bush or a successor tried to rally American or international backing for another war -- say, with Iran or North Korea -- using disputed evidence to buttress the case.
So far, said John Lewis Gaddis, a professor of military history at Yale, it appears the administration's intelligence findings about the existence of weapons of mass destruction were either inaccurate or deliberately exaggerated. Either way, he said, ''it has an impact on our credibility -- the next time there is a crisis, our credibility is going to be questioned, just as it was for Lyndon Baines Johnson at the Gulf of Tonkin.''
In 1964, the United States asserted that North Vietnamese torpedo boats carried out unprovoked attacks on two American destroyers in the gulf. Today it is known that some sort of attack did occur, which President Johnson exaggerated, perhaps unintentionally, in his quest for a Congressional resolution that authorized what turned out to be a steady escalation of the Vietnam War. Along with the military's countless claims that the war was being won, the Gulf of Tonkin resolution led to the ''credibility gap'' that became the president's downfall.
The lesson would appear to be that while false or overblown pretexts for war can work, they may also backfire if a war turns bad.
In 1898, the battleship Maine blew up in Havana Harbor. The blast killed 260 crew members and provoked Congress to declare war on Spain. Historians now generally agree that the explosion was an accident and that President William McKinley and Congress surely did not know the truth at the time. And historians argue that the American march toward becoming a global power would have occurred with or without the Spanish-American War.
This episode contrasts with a well-known case of a deliberate distortion that led to war. In 1870, Kaiser Wilhelm I sent Chancellor Otto von Bismarck of Prussia a report on his conversation with a French diplomat. Bismarck edited the message to make it seem more provocative than it was, simply to rally German support for a war with France. Bismarck got the Franco-Prussian War, and victory.
Still, few historians would contend that a doctored report caused the rise of German nationalism and territorial aggrandizement. And the immediate provocations for a war may in any case bear little relation to its deep-seated causes. Experts, for example, still argue about whether slavery or diverging economic differences led to the Civil War.
HISTORIANS also look skeptically on the most earnest reasons for war. In 1917, President Woodrow Wilson took the nation into World War I by portraying it as a crusade against autocracy, even as he allied himself with Czarist Russia and two powers, France and Britain, that were more interested in imperial expansion than democracy.
The American involvement in Iraq seems to be a case of an ''overdetermined'' war. Though chemical and biological weapons were the main reason presented to the public, they were never the only reason cited. Deputy Secretary of Defense Paul L. Wolfowitz, in a recent interview in Vanity Fair, cited the Iraqi regime's support of terrorism and its brutal treatment of the Iraqi people as reasons for the conflict, though he said the brutality by itself would not have justified war.
Other administration officials argue that the war was about sending a message to the Muslim world that the United States will not tolerate violence against Americans or American interests. Still others argue that establishing a democratic Iraq will spread democracy and stability throughout the region, ultimately enabling Israel to live in peace.
There are those who argue that President Bush, perhaps unconsciously, was settling a score left unsettled in the Persian Gulf war by his father. And historians will surely look closely at the need of the United States to secure access to the world's largest oil reserves as a major if wholly unstated factor. [America and Iraq's oil, Page 5.]
Finally, there is politics. When the administration spoke of Iraq's ''imminent threat,'' was it in order to wage a war in 2003 -- before the next presidential election?
It may never be known what political factors went into the private thinking of Mr. Bush and his aides, but the nonexistence of chemical and biological weapons will almost certainly force historians to raise such questions.
In the Bush administration, there is a sense today that it may not matter to Americans whether such weapons are found, and that if the peace is as successful as the war, it may not matter to the world either.
''If we succeed in transforming Iraq into a successful, mostly democratic place, a lot of people will be content with that result, even if we can't find weapons of mass destruction,'' said a senior American official. ''But if we do not succeed in Iraq as much as we want, then this issue becomes more significant.''
There lies the rub. What if, after a long and unsuccessful occupation, with Americans combat casualties taking a toll on the national psyche, the question ''Why are we in Iraq?'' becomes the modern equivalent of ''Why are we in Vietnam?'' Then the issue of the rationale for the war will inevitably come back to the fore.
''I am someone who believes that Saddam Hussein did have these programs,'' said Samuel R. Berger, President Clinton's national security adviser, referring to the alleged Iraqi drive to make chemical, biological and nuclear weapons. ''But whether the weapons were destroyed, or hidden, or we have an intelligence problem, we have to find the answer. Our credibility in the world depends on it. A democracy cannot and should not go to war under false or incorrect premises.''Continue reading the main story


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GennyAndJane is an Etsy shop with the most adorable ribbon sculpture hair bows and accessories. I found this one today, that I just adore.
The EtsyMom blog is hosting a giveaway of these adorable OOAK ribbon sculptures.
Contest is open until Thursday, so hurry on over to enter:
EtsyMom Street Team: Happy Easter Giveaway #6 – GennyAndJane
Be blessed,
Lady V dZine


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Ken Abraham is the author of thirteen New York Times best sellers and is known around the world for his collaborations with popular celebrities and fascinating, high-profile public figures such as Joel Osteen, astronaut Buzz Aldrin, and George Foreman.
Stand Up and Fight Back: How to Take Authority over Satan and Winby Ken Abraham
Stand Up and Fight Back /b>
- LendMe LendMe™ Learn More
The weapons you need in the fight against Satan Most of us don't like to fight with the devil. That's smart. Only a fool would seek a confrontation with a supernatural, demonic being. Unfortunately that evil intruder has come looking for you. He does not fight fairly, and he does not wait for an invitation.
Stand Up and Fight Back prepares you for every battle. Presented in a dynamic, accessible style, it is the perfect tool for recognizing and fighting the demonic attacks, generational curses, and strongholds that come against you so you can:
· Recognize Satan's fingerprints on your life · Identify how the devil tries to undermine your relationship with God · Protect yourself, your friends, and your family from attack · Overcome Satan with the power of the Holy Spirit You don't have to take Satan's guff anymore. It is in your power to stand up and fight back!
Product Details
- 9781616389659
- Publisher:
- Charisma Media
- Publication date:
- 02/05/2013
- Sold by:
- Barnes & Noble
- Format:
- NOOK Book
- Pages:
- 256
- File size:
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Stand Up and Fight Back: How to Take Authority Over Satan & Win by Ken Abraham is the ultimate spiritual warfare book from the charismatic Christian perspective. The cover and title seemingly looks like an ordinary self help book. Yet, this book is not just another self help book that you will find on the market. This book is written from the spiritual perspective. In contrast to other Christian themed self help books, this focuses on Satan and the reality of spiritual battles. The smaller subtitle, which might be easily overlooked, gives a better indication of the book's spiritual theme. Using personal anecdotes and modern culture as a springboard, the author illustrates the presence of evil in the world today. Yet, evil is not simply an abstract concept or force but rather a specific created evil being- Satan. The book begins with some incredible accounts of actual demon possession. These literal accounts of demon possession both in the mission field and in modern society seem to be a bit extreme and almost discredit the book as a whole. The book recounts a few sensational sounding stories that are all too similar to those found in horror movies. I am unsure as to why the author included these accounts as they seem almost counterproductive in establishing credibility for many readers- Christian and secular alike. Nevertheless, moving past these extraordinary accounts, the author makes many valid points concerning the Satan's sphere of influence. Ken Abraham uses scripture to explain the presence of evil and the history or biography of Satan. In fact this book is like a mini course in Satan and the sphere of Satan's influence. I would say this book is like a demonology 101 course. Heavily based in scripture, I could not find anything theologically inconsistent with this book. Using old testament references as well as new testament accounts, the author gives the reader a thorough background into Satan's origins beginning with his creation as an angelic being named Lucifer. This eye opening book will alert the reader to the real danger of Satan. For a secular reader, with a closed mind, I can only imagine this book providing a lot of fuel for the background material for a horror movie. Even in Churches and among Christians, complacency with the status quo and society is so common. Yet this is indicative of a spiritual problem. The author explains that each and every believer must be alert and also participate in spiritual warfare. The age of miracles, according to this author, did not end with the age of the apostles. According to this book, spiritual gifts still are available for believers in Christ. Yet this is where many mainstream Christians may differ in opinion as many believers say the age of miracles and supernatural displays of power ended in the days of the apostles. The author cites compelling evidence that perhaps spiritual gifts still are available. Yet no Christian will doubt this fact: there are so many things can be attributed to Satan's influence as well as personal sin. In fact un- confessed sin and temptation can contribute to strongholds that Satan uses to imprison the believer. The author provides the spiritual tools and empowers the reader to break free. Unlike the prosperity preaching, this author recognizes the significance of sin in one's life. This book can be even used an apologetic book to defend one's faith in the bible and specifically spiritual gifts. As a believer in the bible, I feel that the author would have been more effective in presenting his stance on spiritual gifts if the sensational sounding accounts of literal possession were left out of this book entirely. Yet other than that, I feel this book is an important resource for Christians concerning an often overlooked danger. As a blogger for Booketeria, I received this book published by Charisma house for the purpose of writing this review.


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SOUTHPORT - A mansion in Fairfield was destroyed by a fire today after firefighters worked for hours to get the fast-moving blaze under control.
Officials say the fire broke out this morning at a Southport estate at 323 Warren Hill Road, valued at about $1.5 million.
All that remains standing of the once-opulent home is a crumbling chimney. The homeowner says he's heartbroken that his dream home has been reduced to a pile of ashes.
Officials say nobody was injured. Investigators are still searching for the cause of the blaze, but say it appears accidental.


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Tell us about yourself!Complete Your Profile
As if I didn't already want a 3D printer. Thx for stoking the flames. This one's a real beauty!View Instructable »
I'm interested in trying this out, but wonder about the effect of time on the resin and embedded leaves. You posted this a bit over a year ago, so what is the current state? Has it cracked or peeled? If you had to redo this, would you do it on the inside of the case instead? Thx.View Instructable »
Very cool project. Can you provide some info on the epoxy you used? I've been thinking of trying this stuff out. For example, brand, container size, approximate cost, how much was used for this project, etc ?View Instructable »
Cool! I guess this is a lot easier than trying to fit a wireless charger, because getting the thickness of the wall between the charger and the back of the phone is tricky (and the wall would also be very fragile since it's thin).View Instructable »
very, very nice. one suggestion for the cord issue is to.embed a wireless charger in the back. I wondered about making this in concrete and ended up going for wood instead, but after reading your article I think ill give it a shot! Check out this awesome Instructable. http://www.instructables.com/id/Wooden-Cellphone-Stand-With-Hidden-Wireless-ChargiView Instructable »


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It's 1 A.M.. Trying to sleep, to no avail. I think I dozed off for a while but the pain in my back and upper legs just won't let me rest. While I have pain throughout the day, there are times when it is more forcefully registered, and unfortunately that time tends to be late at night when I am trying to rejuvenate. To sleep, perchance to dream.....
The pain in my lower back is constantly present. It is not searing, nor is it knifing. It is more of a dull ache which increases in intensity with certain positions or movements. I am able to bicycle without any noticeable increase in pain. The position needed to drive a car also does not seem to exacerbate it. In fact, driving tends to be one of my more low-pain times, except if I'm stuck driving Mary's standard transmission Honda. Fortunately, it doesn't inhibit my sexual function or enjoyment, although twinges of discomfort can happen at any time.
My chiropractor notes that the deep muscles along my lower right spine are over-developed and in a constant state of hypertonicity. Before he can adjust my spinal column, he must perform deep muscular massage to manage any movement at all within the facets of the spinal joints. His colleague, who specializes in lower extremities, adjusts my feet and knees and ankles and has prescribed orthotic inserts for my shoes, which do indeed decrease my leg pain, especially in the knees. However, there is a deep ache in the thighs---both anterior and posterior---which nothing seems to relieve. This tightness and aching manifests at its worst at night, just when sleep would be most welcome. It is not superficial. Rather, the ache seems to wrap itself around my femur, some tender points along the exterior tissue almost too excruciating to touch.
Many of my patients suffer from chronic pain, taking oxycodone, Percocet, long-acting morphines like Oxycontin and Oramorph SR, or methadone---which was traditionally used for pain management, not addiction. I am loathe to take anything other than non-steroidal anti-inflammatories (NSAIDS) such as ibuprofen or acetaminophen. Lately, however, I am resorting to a few Vicodin tablets---only at bedtime, and grudgingly accepted from my primary doctor---in the hopes of enough muscular relaxation to promote sleep. It's not fun, and I do not envy my patients their reliance on pain-killers, the side effects of such, as well as the long haul of physiological---and in some cases, psychological---dependence. Although a large part of my job is responding to my patients' needs for narcotic refills---not a favored task by any definition---I more fully appreciate my patients' desire to not run out of the pills which afford them some modicum of relief and succor.
Some thoughts run through my mind as I write: Do I ask for a trial prescription of muscle relaxants to help me make it through the night? Will they give me just too much of a hangover to be worth the relief? Do I continue to try very low-dose narcotic analgesics like Vicodin to take the edge off in a very miniscule way? Do I hire an acupuncturist to come to my house every night at bedtime and strategically place needles which will promote sleep, relax muscles and reduce pain? Do I continue to wander the house late at night, sleeping in various beds in order to toss and turn without waking Mary and also disturbing her well-deserved rest? Will yesterday's injection have any positive effect?
Writing about my own experience of pain and suffering---and yes, I would certainly categorize this as suffering---brings me to a new place in my blogging practice. Most of my writing has centered around my interactions with patients in the course of my work, their treatments, their failings, their victories, my experience of them and myself in the face of illness, medicine, and nursing. Writing of my own personal struggles is more intimate, more invasive, more challenging, and brings up emotions of vulnerability, fear of judgement, and deeper fears of becoming like them: complaining about pain, looking for answers, talking incessantly about my health, focusing on what's wrong, not what's right. I don't want to be a patient. That may be my bottom line. I like to be the giver, not the receiver, the one providing an opportunity for healing, not in need of such.
In my post of yesterday, I used a quote from a Buddhist website which I visit often, from where I receive a daily email meditation. The post concerns the future and the futility of worrying about it. If one were to be preoccupied with the future, the quote maintains, why not focus on the uncertainty of the hour of one's death? Thus, is fear of being a patient, of chronic illness, actually a fear of death? Is it mortality with which I am faced?
Fear of death has never been a piece of the puzzle for me. I have no fear of death or dying. While I would prefer a painless death, I am generally relatively stoic in the face of pain, and work with my mind when it rears its ugly head. Now, faced with pain that is more recalcitrant, my mind is struggling with how to wrap itself around this one, how to assuage this bump in the road towards actualization and enlightenment. I do not welcome death, but I also do not deny its inevitability. If some suffering along the way is my lot, then let's glean what we can from it before the final reckoning, whether there are four more decades, or five or six, or even only months. Death is not an ending to me, but a true beginning. The tired shell is laid to rest, but the essence enters a new phase, a new realm, freed of the body's vicissitudes and weaknesses. True freedom, but a freedom for which I do not long.
In my fourth decade of life, (fifth if you count birth to age 9), my body has betrayed me on some levels and is showing signs of wear: gastroesophageal reflux disease with a sliding hiatal hernia; chronic back pain with a newly discovered spinal cyst; prostatic hypertrophy; chronic depression; hyperlipidemia; arthritis with some degenerative joints; bulging discs with a few possible small herniations. Yes, it's "just a body", but it's all I have right now, and would sincerely like another forty or so years of residence, thank you.
How will this capsule, this vessel of my soul, maintain itself in the face of these challenges? How will my mind and heart respond? How will I manage these challenges and maintain my equilibrium, my ability to give back to the world, to experience life to the fullest, to "repay the debt of my existence"?
These are some of the thoughts which drift across my fatigued mind at one a.m.. The answers? They will manifest themselves as needed. The questions? They will only multiply, providing an ongoing conversation for years to come.
Now to sleep, perchance to dream.........


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JD Sports Forum! / Re: Batter up! Baseball's finally back...« on: April 10, 2003, 11:26 AM »
After sweeping the Tigers the Mighty Twinkies have lost 5 straight Not off to a good start but I have a feeling they will right the ship eventually
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Oh, yes- I am very cool, thank you.I'm not sure by announcing you are very cool you are in fact very cool or your coolness is now somehow negated. Tough call really.


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Learn about this topic in these articles:
prehistoric civilization
Paleolithic (Old Stone Age) peoples probably roamed Afghanistan as early as 100,000 years ago. The earliest definite evidence of human occupation was found in the cave of Darra-i-Kur in Badakhshān, where a transitional Neanderthal skull fragment in association with Mousterian-type tools was discovered; the remains are of the Middle Paleolithic Period, dating to about 30,000 years ago....


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Editor's Note: I get the same sort of email a lot lately - from friends and folks in my network - and there seems to be a common thread. I thought I'd address "career stagnation" in this post. So you're there at the job, and you're just not feeling it. Maybe it's not what you signed up for, maybe you're looking around and seeing that people are doing less and getting paid more. Maybe the boss, or … Continue Reading
200K a Year…and Broke?
A meme making the rounds has us wondering - are all Americans THAT BAD WITH MONEY? My fear is that we're a nation of financial illiterates. This fear is not unfounded: beyond the fact that … Continue Reading
10 Resolutions for 2016
Everybody has New Year's Resolutions, right? So we'll get in on the act here - but with a twist, as we'll give you 10 Resolutions for 2016, but we're going to ask you to try THREE. That's … Continue Reading
The Next Apple?
Last week, we told you how well you could have done with at $10,000 investment in Apple stock. Now, we're going to tell you the NEXT stock that has … Continue Reading
10K Invested in Apple 10 Years Ago…
Apple has had a pretty good week, with their earnings announcement and the delivery of the Apple Watch both exciting investors. Time to look … Continue Reading
11 Money Moves Before the End of the Year
Lists! We love them, you love them, the world loves them. Here's one you can use to maximize your money-making before 1/1/2015. I don't know about … Continue Reading


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The VipVape Pdab Vaporizer is compatible with all waxy oils and features a variable voltage battery that allows for full control over the vaporizing process. It also means you can use the unit at multiple heating temperatures, letting the user dial in their preferred vaporizing temp. Like many other pen style vaporizers, the Vipvape utilizes a 5-click lock mechanism and one-button activation system for simple operation. Each unit includes a battery, mouthpiece, essence atomizer, nylon case, usb charger, dab tool and instruction manual.
The Vipvape Pdab Vaporizers comes with the Essence Atomizer, which features direct access to the heating area and makes loading and unloading a simple task. The wickless design means you only receive the best tasting vapor possible because nothing is interfering with the true flavor of your waxy oil. It also utilizes a replaceable heating element that makes it easy to replace and maintain.
- 1 x Battery
- 1 x Essence Atomizer
- 1 x Mouthpiece
- 1 x USB Charger
- 1 x Nylon Case
- 1 x Dab Tool
- 1 x Instruction Manual
|Warranty Info:
|1 Year - Battery
|1.5 x 2 x 6.75 in.
|0.30 lbs.
|Vaporizer Type:
|Vaporizer Compatibility:
|Delivery Method:
|Direct Draw
|Heat Source:
Q: Can I use this with CO2 oils?
A: The Pdab is compatible with thicker waxy concentrates.
|Pros simple and easy to use.
Cons none really
|Recommend to a friend? Yes
I really enjoy this vaporizer. It works very well with wax. It is discreet since it looks like an electronic cigarette. It is simple to understand and use. I like the different color options it has.(The fish scale is funky!) It's battery lasts and is never really an inconvenience . The only con is actually loading wax but wax is a pain on its own and getting wax from the bottom of the chamber back on the coil. (the tool provided is nice but a tooth pick or pin is needed to get the wax from the bottom of the chamber to the coils)
of this review?
|Download Manual
|Vipvape Pdab Vaporizer Instruction Manual
Filename: Vipvape-Pdab-user-guide.pdf
|Quick Instructions:
|No instructions available for this product.


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|Publication number
|Publication type
|Application number
|Publication date
|Oct 5, 1999
|Filing date
|Oct 20, 1997
|Priority date
|Oct 20, 1997
|Fee status
|Publication number
|Ming Sun
|Original Assignee
|Sun; Ming
|Export Citation
|BiBTeX, EndNote, RefMan
|Patent Citations (6), Referenced by (37), Classifications (25), Legal Events (7)
|External Links: USPTO, USPTO Assignment, Espacenet
The present invention is directed toward an analytical test device for analyzing body fluids using immunochromotography, and more particularly toward a panel which consists of multiple tests which may be varied.
The measurement of physiologically important substances in urine, serum, and tissue using immunological principles is well known. In particular, drug-specific antibodies and antigens have been used in a variety of immunological assay procedures for detecting antibodies or antigens in bodily fluids of humans and animals. Test devices are known which can identify the presence or absence of drugs of abuse, such as cocaine, opiates, and marijuana, using the protein conjugates of these drugs and their accompanying antibodies. Multiple tests for detecting various drugs in a fluid sample where the tests are contained within a single device in a predetermined arrangement that cannot be varied are also known.
Such a multi-test device is disclosed in U.S. Pat. No. 5,260,194 to Olson which is directed toward a method and device for determining the presence of an antigen or drug which specifically binds to an antibody contained on a test strip. The strip may be a single structure such as a sheet with several lanes so that a separate and different assay may be performed in each lane. However, this device does not provide for varying the tests to be conducted so that a wide variety of tests may be performed, as needed.
U.S. Pat. No. 5,508,200 to Tiffany et al discloses a method for conducting multiple chemical assays which involves placing small volumes of samples/reagent combinations at discrete locations about a common test area on an analytical medium in order to test bodily fluids for various substances. Again, the tests contained in this device cannot be varied to suit the needs of the individual performing the test.
Also, U.S. Pat. No. 5,238,652 to Sun et al discloses an analytical test for assaying various drugs using immunochromatography. The patent discloses the use of multiple test strips in one structure but it does not disclose a structure where the test strips can be easily rearranged and varied, depending upon the needs of the individual conducting the test.
As indicated above, the problem with these multiple test devices is that the individual tests contained within the device cannot be varied. Frequently, the person conducting the test may not have a need for all of the tests contained in the device. For example, a laboratory may find that they only test for marijuana, cocaine, and heroin in the bodily fluid samples they collect. The only multi-test device available may be one that tests for marijuana, cocaine, and opium. Another, separate test would be needed to test for heroin. In this case, the multi-test device does not contain the combination of tests that the lab needs. As a result, the lab will waste the opium test every time they conduct the tests if they used the multi-test device. They must also find a separate test for heroin which may become time-consuming and expensive. If they don't use the multi-test device, they must find three individual tests, which may also become time-consuming and expensive. Furthermore, they will have at least two devices which will have to be labeled and kept together. Clearly, such a multi-test device does not fully suit the needs of the lab.
The present invention is designed to overcome the deficiencies of the prior art discussed above. It is an object of the present invention to provide a versatile multi-test panel structure which allows for testing various substances simultaneously.
Another object of the invention is to provide several test strips, each contained in separate structures where the structures may be joined to one another.
A further object of the invention is to provide a cost efficient and simple way of testing a bodily fluid sample for various drugs, disease, or pregnancy, as needed.
In accordance with the illustrative embodiments, demonstrating features and advantages of the present invention, there is provided a multi-test panel with several test strips containing a separate and different immunochromatographic system, each strip being housed in a separate structure so that the structures may be joined together and interchanged, depending upon what substances are being detected in a bodily fluid sample.
Other objects, features, and advantages of the invention will be readily apparent from the following detailed description of preferred embodiments thereof taken in conjunction with the drawings.
For the purpose of illustrating the invention, there is shown in the accompanying drawings forms which are presently preferred; it being understood that the invention is not intended to be limited to the precise arrangements and instrumentalities shown.
FIG. 1 is a front perspective view of a first embodiment of a test strip in one of the housings of the panel of the present invention;
FIG. 2 is a rear perspective view of one of the housings of the panel of the first embodiment;
FIG. 3 is an exploded view of one of the housings and test strips of the panel of the first embodiment;
FIG. 4 is a perspective view of the inside of the top half of the housing viewed in the direction of the line 4--4 of FIG. 3;
FIG. 5 is a front perspective view of the multi-test panel of the present invention;
FIG. 6 is a cross-sectional view of the multi-test panel of the invention taken through line 6--6 of FIG. 5;
FIG. 7 is a diagrammatic view illustrating a second embodiment of a dip strip within a housing, and
FIG. 8 is a diagrammatic view illustrating the second embodiment of the multi-test panel of the present invention.
Referring now to the drawings in detail wherein like reference numerals have been used throughout the various figures to designate like elements, there is shown in FIG. 5 a multi-test panel constructed in accordance with the principles of the present invention and designated generally as 10.
The multi-test panel includes two or more test strips where each strip is contained in a separate housing. FIG. 5 depicts three such test strips 12, 14, and 16 contained in housings 18, 20, and 22, respectively, where the housings are joined together to form a panel. However, such a depiction is merely illustrative and should not be considered the only form of the multi-test panel of the present invention. Rather, any number of test strips and housings may be connected together to form the multi-test panel. Furthermore, the structure of each housing is the same, only the contents of each strip varies. Each housing is an individual, self-contained test, without being connected to another housing, and could be used as such. FIGS. 1-4 illustrate one housing and will be used to further describe the structure of the housings.
As seen in FIG. 1, housing 18 has a top half 24 and a bottom half 26. Both halves 24 and 26 are elongated and generally rectangular pieces of plastic. The top half 24 has a window 28 and a sample reception well 30 formed therein so that a test strip 12 resting within the housing 18 may be seen through both the window 28 and the well 30. The plastic may be clear or opaque. A drop of the sample to be tested is placed onto the test strip 12 through the well 30 and migrates to the rest of the strip. The result of the test can then be seen through the window 28. (The actual mechanism for the test is discussed in further detail below.) Inside the housing, pins 32a-h are located along the perimeter of the inside surface of the top half 24 with each pin extending into the housing. Each pin 32a-h fits into a respective hole 34a-h formed along the perimeter of the inside surface of the bottom half 26 of the housing 18 and holds the two halves 24 and 26 together. The bottom half 26 has teeth 36a-d located along the center thereof which hold the strip 12 in place. The top half 24 also has teeth 38a-c and protrusions 40a-d in the center which help to hold the strip in place.
Each test strip contains a different immunochromatographic system so that a different test may be conducted on each strip. That is, each strip contains a different antibody at a predetermined site on the strip. A few drops of the sample are placed into the well so that the drops migrate toward the antibody via capillary action. If the sample contains the antigen which conjugates with the antibody, colored particles contained within the strip serve as a visual indicator from the specific antigen/antibody reaction. A more detailed discussion of the immunochromatographic mechanism of the present invention may be found in U.S. Pat. 5,238,652 to Sun et al which is herein incorporated by reference.
The top half of each housing 18, 20, and 22 also has a projection 42a-c, respectively, that runs along a length thereof and extends downwardly from the inside of the top half. The projection is formed along an inside edge of the top half. The bottom half of each housing 18, 20, and 22 has a groove or recess 44a-c, respectively, that runs along an inside edge of the bottom half and is formed along a length thereof. The groove 44a, for example, is defined by spaced apart walls 46a and 48a that extend upwardly from the bottom inside surface of the bottom half 26. When the top half and bottom half of a single housing are joined together, the groove of the bottom half and the projection of the top half are on opposing side edges of the housing. As shown, the projection and groove are exposed so as to be accessible from the outside of the housing.
In order to connect one housing to another housing, the projection of one of the top halves is friction fitted into the groove of the bottom half of another housing. (See FIG. 6.) The housings are then in alignment with each other and can be easily fit together or detached. When the housings a re connected together, the outer surfaces of the top halves and the outer surfaces of the bottom halves are flush with each other. Thus, several housings, each containing a test strip detecting a different substance within a fluid sample, may be joined and sold together, depending upon in which tests a physician, laboratory, or individual is interested.
In a second embodiment, as illustrated diagrammatically in FIG. 7, a dip strip 112a type test strip may be used in the multi-test panel. As in the first embodiment, each housing, seen as 118a in FIG. 7, in this embodiment has a top half 124 and a bottom half 126. With the dip strip type of test strip an end of the strip extends from the housing 118a and is dipped into a sample. Also similar to the first embodiment, each dip strip contains a different antibody at a predetermined site on the strip. The sample on the strip migrates toward the antibody via capillary action. If the sample contains the antigen which conjugates with the antibody, colored particles contained within the strip serve as a visual indicator from the specific antigen/antibody reaction. The result of the test may be seen through window 128a. Alternatively, window 128a may extend the entire length of the top half 124 of the housing 118a.
Also as in the first embodiment, the individual dip strips 112a-112d of this embodiment are each contained in separate housings 118a-118d, respectively. Each housing 118a-18d also has a window 128a-128d, respectively. (See FIG. 8.) Each of the housings 118a-118d in this embodiment has a construction similar to the housings of the first embodiment and are connected to one another in the same way that the housings in the first embodiment are connected.
In this manner, the user is not confined to a set number and type of tests just because that is the only way the tests are packaged and sold. With the present invention a series of tests may be designed and custom-made for a user, depending upon the user's needs. Therefore, an unwanted test need not be included with a test that is needed, thereby saving money and preventing the waste of a test.
The multi-test panel may also be used for a single test where each strip can detect a different concentration level of a substance. Therefore, the particular concentration level of a drug in a positive sample may be determined.
The present invention may be embodied in other specific forms without departing from the spirit or essential attributes thereof. For example, although a particular structural arrangement has been described for connecting the housings of two test strips together to form a panel, it should be readily apparent that numerous other arrangements are possible. The principle requirement is, of course, that the housings be relatively easily connected to each other to preferably form a relatively flat panel. Accordingly, reference should be made to the appended claims rather than to the foregoing specification as indicating the scope of the invention.
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|U.S. Classification
|436/518, 436/810, 435/975, 435/287.9, 435/810, 435/805, 436/805, 436/514, 435/287.1, 435/970, 435/973, 436/169, 435/287.2, 435/287.7, 422/417
|International Classification
|Cooperative Classification
|European Classification
|Apr 3, 2003
|Fee payment
Year of fee payment: 4
|Mar 9, 2007
|Fee payment
Year of fee payment: 8
|Jan 3, 2008
Owner name: SUN BIOMEDICAL LABORATORIES, INC., NEW JERSEY
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|Apr 30, 2009
Owner name: SUN BIOMEDICAL, LTD, AUSTRALIA
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|May 9, 2011
|Maintenance fee reminder mailed
|Oct 5, 2011
|Surcharge for late payment
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|Oct 5, 2011
|Fee payment
Year of fee payment: 12