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Hostal San Francisco
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Isla San Cristobal, Galápagos Islands.
... t see any with the red bulge though. We took some photos of the bay we were going to snorkel in before heading down the stairs. We had the best time snorkelling in the bay. We saw turtles, lots of coloured fish we hadn't seen on the other islands including a giant orange fish with black spots and swam with a little seal. The little seal had one white eye and so a couple of times he nearly swam into us. The tide was in so we walked back along the malecon to where the ...
Welcome to paradise
... so-called "kicker rock" or "Leon dormido" in the background. We finally got to "cerro de las tijeretas" and realised where the name came from. Tijeretas is the Spanish word for scissors and as there was a magnificent frigate bird - they are known to open and close their tail feathers like scissors when flying. It was a beautiful little bay where a local was fishing next to the pelicans and we could snorkel right next to the sea lions that were hiding from the burning ...
Diving Disapointment
... to that), that owns this little place, cant speek a word of English. Without much Spanish I tried to tell her what i was after. She didnt have any contact cleaner which isnt too supprising for a hotel but what she did have was some rubbing alcohol from a first aid kit. Score, that will do to eat away corrosion. I cleaned it up and tested it. Hooray! It works again. The to put it back together. I got it apart ok but my pocket knife wasnt doing the trick getting it ...
Goodbye, Galapagos
... 3 minutes to the Holiday Inn. Outside the US, Holiday Inn is a pretty high quality franchise. It's more in line with Hyatt, for example. The hotel was beautiful, had a nice buffet dinner (which Linda and I ate alone -the girls had room service), and we swam on the rooftop pool. Maybe the best inn though was the extremely high speed wifi. We got our fix, downloaded tv shows, and caught up on the ...
... breeding centre (there's one of these on each of the three main islands) where we saw San Cristobal's local species of Galápagos tortoise in the semi-wild and tiny baby tortoises that they rear in captivity for their first five years to increase their chances of survival. We then went to Puerto Chino beach where we saw our first wild blue footed booby!! They're so beautiful and they've got such friendly faces! The tour included a stop at El Junco, a crater with a freshwater ...


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1800 Blackhawk Dr,Fort Irwin, CA 92310 | Map
Fort Irwin Lewis Elementary offers a curriculum for students in grades kindergarten to two. It is... Read More
1700 Pork Chop Hill St,Fort Irwin, CA 92310 | Map
Ft. Irwin Middle School has been recognized as a California Distinguished School. Ft. Irwin Middl... Read More

subset: commoncrawl


text:
How Do I Send Messages to All My Friends on Facebook?
If you have important news that you need to get out quickly, Facebook enables you to send a message to up to 250 people at once. The process is the same as sending a message to one person -- and there is a trick you can use to do it quickly. If you want to send a lot of messages to everyone, consider creating a secret group. Posts you send to a secret group are just as private as Facebook messages, but your friends have the choice to opt in or out of the group rather than muting you or marking your messages as spam.
Quickly Messaging Everyone
Step 1
Log in to Facebook and click the "Messages" icon at the top of your home page, just as you would to message one person.
Step 2
Type each friend's name and select your friends from the list that displays when you type. If you literally want to send a message to every friend on Facebook, you can do that quickly. Just type "a" and click a name, then keep typing "a" and clicking a name each time.
Step 3
Type "e" when names no longer appear when you use "a." Click every name using the letter "e" until the list is blank, then use "i," "o," "u." Unless your friends don't have vowels in their names, this system should quickly cover everyone. Type your message and press "Enter."
Creating a Secret Group
Step 1
Go to your Facebook home page and scroll down to the Group section in the left menu. Hover the cursor on the right side of the word "Group" and click the "More" link that appears. Click the "Create Group" button.
Step 2
Type a name for your group in the "Group Name" field. Click the "Secret" option so that no one except members of the group can see your messages. Start typing your friends' names in the "Member" field. To add everyone to the group, click every name that appears in the Suggestions list. Click the "Create" button.
Step 3
Select any of the icons to make your group easy to find on your home page menu, or skip this part. Icons aren't a requirement. Click "OK" to send invitations to all your friends. They have to accept the invitation before they can see your messages.
Step 4
Type a message in the "Post" field and click the "Post" button to send it to everyone who accepted the invitation. Posts to a group appear in your friends' news feeds. Add a description for your group if you want, but this isn't a requirement. To send additional messages, you can find your group's page in the Group section of your home page.
Tips & Warnings
- You can be temporarily blocked from sending bulk messages if Facebook or any of your friends feel you're abusing the messaging feature.


text:
Turquoise goes live with 'soft launch'
Turquoise, the highly-anticipated trading system sponsored by nine of the biggest equities houses, went live in a "soft launch" this morning when it opened for trading in 10 of the most liquid British and German stocks. The platform began trading at 07:00 GMT.
Ashok Krishnan, managing director of electronic trading at Merrill Lynch, which has completed testing for the new platform, said: "This is a significant milestone, a real-life soft launch."
Turquoise was conceived by banks including Citigroup, Goldman Sachs, Merrill Lynch and UBS as a means of driving down the comparatively high fees charged by incumbent exchanges to trade equities.
Stocks currently trading include Allianz, BP, Daimler and Vodafone on the visible order book, and National Express and Altana in the system's dark pool. Turquoise insists the soft launch is of minor importance compared with the full launch early next month.
Krishnan said: "Going on past experience, it will be several months until volumes start ramping up. It is too early to tell what will happen."
Markets in France and the Netherlands are due to come on board on Wednesday; Finland, Sweden and Switzerland follow on Thursday; and all 13 markets will be live by the end of next week. In each case, trading will start in five stocks, with more gradually added until all 1,300 are live by the time of the platform's full launch.
Clearing for the system, which has already signed up 50 members, will be carried out by EuroCCP, the London-based division of the US Depository Trust and Clearing Corporation. Diana Chan, EuroCCP's chief executive, said: "People tend to try out new systems when they have the opportunity. If they like it, they will continue to use it."
Turquoise's launch will have a positive impact on Europe's equities landscape, according to Chan. She said: "Turquoise will contribute to the integration of the European marketplace. It will reduce the cost of trading and therefore, indirectly, the cost of capital, thus increasing trading activity."
Krishnan added: "As multi-lateral trading facilities have come into play, Europe's equities markets have seen increased volumes and dramatic reductions in trade size. Execution and clearing fees have been driven down by competition, as MTFs forced the hands of established exchanges."
As well as challenging established exchanges, Turquoise may also affect the business of Chi-X Europe, the alternative trading system whose share of FTSE 100 trades topped 20% this week.
Peter Randall, Chi-X's chief executive, played down this fear. He said: "We think the new players will bring increased liquidity to the entire sector."
Merrill Lynch, which last month became the first investment bank to trade 100 million shares in a day on Chi-X, said it would continue to send its orders depending on cost efficiency. Krishnan said: "Merrill has a smart-order router that sends all orders to the venue that offers the best price, as part of our commitment to best execution."
Most respondents in a recent Financial News survey agreed that there is plenty of room for multiple platforms. At 09:15 GMT, 39% of readers said that there was "room for everybody", while 10% predicted that Turquoise will "kill other alternative trading platforms" and a further 9% predicted that it will "kill the London Stock Exchange and other incumbent exchanges". However, 24% predicted Turquoise would have littled impact and "will be quietly shut down in a few months".
Other systems set to launch this year include Nasdaq OMX Europe, a pan-European system backed by the transatlantic exchange group, Bats Trading, a Missouri-based market, and Equiduct, a system that is majority owned by Börse Berlin.
Krishnan said: "In future, there will be more fragmentation, and trading fees and order sizes will continue to decline."
-- Write to Tom Fairless at firstname.lastname@example.com


text:
How many miles? 301 Miles / 484 Km
How many times? 4 hours 13 mins
Distance from Delray Beach, FL to Jacksonville, FL is 301Miles or 484 Km. You can get this distance about 4 hours 13 mins. If you want to planning travel with plane for 285 Miles or 458 Km, You can get this distance about 1 hours 6 mins .
A car with an average MPG will needs 13.94 gallons of gas to get the route between these points.
The estimated cost of gas to get between Delray Beach, FL and Jacksonville, FL is $31.64.
During the route, an average car will release 273.11 pounds of CO2 to the atmosphere. Your carbon footprint is 0.91 pounds of CO2 per mile.
* Average US MPG used for calculations is 21.6 MPG.
* Average US gas price used for calculation is 2.27 per gallon.
* Coordinates of Delray Beach, FL is 26.4616249, -80.0728204 and coordinates of Jacksonville, FL is 30.332127, -81.6556675
All Rights Reserved. © 2010 - 2016 Feedback


text:
Uttermost Uttermost 26588 Horatio Table Lamp with Pyramid Shade Black Lamps
Home > Lighting Direct > Uttermost
Features: Designed by Carolyn Kinder Curved metal cage with a rustic black finishLamping Technology: Bulb Base - Medium (E26): The E26 (Edison 26mm), Medium Edison Screw, is the standard bulb used in 120-Volt applications in North America. E26 is the most common bulb type and is generally interchangeable with E27 bulbs. Compatible Bulb Types: Nearly all bulb types can be found for the E26 Medium Base, options include Incandescent, Fluorescent, LED, Halogen, and Xenon / Krypton.Specifications: Number of Bulbs: 1 Bulb Base: Medium (E26) Bulb Type: Incandescent Bulb Included: No Watts Per Bulb: 150 Wattage: 150 Height: 37.5" Width: 14" Depth: 22" Shade Height: 13" Shade Width: 22"
Uttermost http://www.lightingdirect.com/imagebase/resized/x800/Uttermostimages/uttermost-26588-207.jpg
Only $305.80 at LightingDirect.com


text: Two questions.. 1) How do you remove apps you got from Installer/Cydia? EI: Categories... UPDATE: 1) go into installer/cydia and there is like a manage section or sumthing like that, look in there, select the app, click modify and the uninstall THNX birdman472 2)I have Live Poker from the itunes apps store and It dosen't show up on the ipod. If i use itunes to remove it from the ipod then sync it again it will not show but if I remove it then download it again from apps store on the ipod it will show until i restart(respring) or let it go to sleep and when i go back to the apps store it says its installed.. Thanks for any and all help.


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Buckets and Tap Shoes: Dreams -- Music, Dance and Percussion
* Additional fees apply. No coupon or promo codes necessary to enjoy the displayed discount price.
The last date listed for Buckets and Tap Shoes: Dreams was Sunday February 24, 2013 / 7:00pm.
Currently at The Cowles Center for Dance and the Performing Arts
Nutcracker (not so) Suite Dances Through '60s New York
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Experience a Twin Cities holiday tradition as Myron Johnson's Nutcracker (not so) Suite returns in a… More
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Featured review from suelibrary
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The Two leads were absolutely fabulous. When they were on stage you were riveted whether they were dancing or drumming. Trying to link the acts with a story was very unaffective. The sound was poor. Did not understand the narration Could not hear the singing. That whole dream sequence with the singing and one dancer was absymal sound wise for the audience. Liked the break dancers and wished they were on stage more. The little girl was more fun to watch than any of the other dance sequences other than the leads.
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There were moments of brilliance and real talent but overall the performance was unconnected and at times amatuer-ish. the actual tap dancing was wonderful. The percussion good, especially the bucket work. Creative dancers were mostly a...continued
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The music and its presentation was superior. I would definitely recommend this event to others.
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Loved the tap sequences, and some of the company pieces. The modern dance however left a bit to be desired. Definitely worth what we paid for a good night out at the Cowles.


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Today's Featured Artist: Michael Godard
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by Andrew King
Martin Goes To The Beach by Andrew King - 7.875" x 8.000"
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Martin Goes To The Beach acrylic print by Andrew King. Bring your artwork to life with the stylish lines and added depth of an acrylic print. Your image gets printed directly onto the back of a 1/4" thick sheet of clear acrylic. The high gloss of the acrylic sheet complements the rich colors of any image to produce stunning results. Two different mounting options are available, see below.
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Irina Sztukowski 27 Days Ago
Congratulations on the Sale! Well done! :)
very nice looks relaxing
Congrats on Your Sale!!!
Fabulous work Andrew! Congratulations on your sale!!!
Beautiful beach scene, Congratulations on your sale!
Very nice
Hi Andrew :) Congrats on your sale! Beautiful artwork!
Beautiful realistic work Andrew! L/F
Love this painting!!! Gorgeous work.
Congratulations on your sale Andrew! Beautiful painting!
Congratulations on your sale!
Good work.
Congrats on your sale!!!
Love it! Congrats!
Such an original composition. The shadow makes it.
Congratulations on your sale!
Congratulations on your sale
Oh beautiful art work... Wonderful!
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The image is the art - it doesn't get any cleaner than that!
All acrylic prints ship within 3 - 4 business days and arrive "ready to hang" with four aluminum mounting posts (Option #1) or hanging wire (Option #2).
The high gloss of the acrylic sheet complements the rich colors of any image to produce stunning results.
There are two different ways to mount your acrylic print.
Option #1 (Mounting Posts) - Attach your print to your wall with four aluminum mounting posts. The cylindrical cap of each mounting post can be removed, allowing you to thread a small screw along the center axis of the of post and into the wall. When you're finished, simply reattached each cap, and you're done. The mounting posts act as stand-offs and keep your print separated from the wall by 1". All of the required mounting hardware (i.e. posts, screws, and wall anchors) is included with your print. Click here for mounting details.
Option #2 (Hanging Wire) - With this option, your acrylic print is attached to a 1/4" thick black board which has a wooden frame and hanging wire attached to the back. There are no metal mounting posts at the corners. Simply put a nail in your wall, hang your print from the hanging wire, and you're done. Due to the thickness of the black board and mounting frame, your print is separated from the wall by 1.50" Click here for mounting details.
Watercolor and pastel painting of a Martin D45 guitar at the beach.
I am a professional Architectural Illustrator and Fine Artist based in Snellville, GA. My interest in art and painting began while attending architectural school at Georgia Tech in 1969, where I took many drawing, painting and architectural history classes. After graduating with a Bachelor of Architecture degree I began work as a design architect where I used my artistic talent to illustrate my own designs. In 1982 I started my own rendering firm, Architectural Illustrations, Inc., through which I have continued to develop my skills as an artist to this day. To this point, I have produced about 5,000 professional illustrations and hundreds of fine art paintings. My fine art is a reflection of my laid back personality - I love to...
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Fine Art America sells thousands of pieces of artwork each month - all with a 100% money-back guarantee. We take great pride in the fact that hundreds of thousands of artists have chosen Fine Art America to fulfill their orders, and we look forward to helping you select your next piece!
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text: It really deserves one Michelin star. Very nice place with an old elegance atmosphere, friendly service and truly excellent food. We were hesitant to order the oysters prepared three ways as we always stick to the rule that they are best eaten natural, but boy ! how wrong we have been after trying these ! Bloody Mary granita, sweet and... More


text:
The Cursed House
Played 470 times
The Cursed House game information:
Hoping for better life, Patricia's family moved into new house but the next day strange things started to happen. Supposedly ghosts don't leave them to sleep and they are ordering them to move out of the house. She decides to take an advice from a priest, who tells her that she needs to search through the whole house and find the cursed charm. This charm supposedly belongs to the bad ghosts so it should be brought back, in order to bring peace in the house.
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To play this game, you will need only your mouse.
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Is climate change the cause of extreme weather events? Until now the link has been suspected but never confirmed with scientific confidence. That position is now changing. A new study from the US confirms that for some extreme events there is a causal connection.
This link between climate science and immediate weather conditions can only strengthen the case of those arguing for policy change. The impact of a damaging heatwave in terms of deaths, sickness and other social and economic costs is much more likely to rouse public opinion than the distant prospect of what might to some sound like a modest increase in the global mean temperature. All politics are local, and they are also immediate. The discount rate applied to future possibilities is very high: what could happen to a future generation decades matters much less than what is happening to me here and now. It brings climate to the foreground and diminishes the argument of those who say that since we don't know everything we should do nothing and wait until we see how things turn out. If the impact is immediate and people are dying as a result, the call for action will be loud.
One of the most dangerous illusions in the debate around the implications of climate change is the notion that the impact will only be material when the carbon concentration in the atmosphere exceeds some defined limit — usually quoted as 450ppm. At that point global mean temperatures will rise by an average of 2 degrees centigrade and the problems will begin. I do appreciate that the science is much more complicated but I think this is how the challenge is seen by many non-expert policy makers and politicians.
That view is mistaken. It implies an accuracy in the knowledge of the relationship between carbon concentration and the effect on temperatures that doesn't yet exist — not least because, as Martin Rees, the former President of the Royal Society puts it, we are conducting an experiment with the earth's atmosphere which has never been tried before. We don't know with any degree of certainty that 450ppm will produce an average rise of 2 degrees and we don't know what the variations around that average figure might be across the world. The case for action is driven by the precautionary principle. But there is another known unknown and that is the extent and nature of the impact in the shorter term — before we get to 450ppm.


text:
Rated 5 out of 5 by 5 reviewers.
Rated 5 out of 5 by LucieA Delicious! I really enjoyed this hot drink. I think it will be perfect all year round - the coconut taste is very smooth... soothing to have before bed, but the lovely, fresh coconut flavour would be perfect on a summer day too! 14 June 2016
Rated 5 out of 5 by Kath64 Coconut Heaven I was really looking forward to trying this drink and I was not disappointed. If you love coconut you will love this too. It was delicious and I'm now going to try the other flavours. 08 August 2016
Rated 5 out of 5 by Teamaker Lovely and soothing Expensive but worth it. Very nice aroma. Calming drink, especially at night. 20 August 2016
Rated 5 out of 5 by Moominsnork Delicious Refreshing hot drink Very pleased with my purchase. It makes a lovely change from tea or coffee with the added healthy bonus of no caffeine - just a delicious refreshing coconut taste. Seemed quite expensive until I realised you can refil a large mug twice without losing any flavour. Yummy! 11 September 2016
Rated 5 out of 5 by Valerie43 Delicious These teas are delicious smooth and very refreshing. I drink very little else since discovering these. 09 July 2016
1-5 of 5


text:
Lord's Seed Invests $13 Million in Orland, Indiana, Agricultural Manufacturing Facility
The Howe, Ind.-based company will to construct and equip an 18,000 square-foot seed drying facility on its 10-acre campus located at 9900 W. Maple St. in Orland, bringing the company's total footprint in the community to 45,000 square feet. The new facility, which will be operational by the end of the summer, will allow the company to complete the drying and packaging process on site.
"We decided to expand our manufacturing operations due to the high freight costs of moving our raw products to other dryer facilities," said Mark Larimer, vice president of Lord's Seed. "Indiana is a clear choice due to the location of our production and quick access to the marketplace."
Operating in northeast Indiana since 1975, Lord's Seed produces crops ranging from seed corn, seed soybeans, hay and waxy corn for food consumption. The family-owned company, which operates six facilities in Indiana, produced 10,400 acres of seed corn last year for regional and multinational companies in the agriculture industry.
"With more than 15 million acres of farmland, Indiana's agriculture industry serves as a vital component of our state's economy," said Eric Doden, president of the Indiana Economic Development Corporation. "We remain committed to maintaining a business-friendly environment that allows long-time Indiana citizens like Lord's Seed to prosper and continue to strengthen the Hoosier State's agricultural landscape."
As an incentive, Indiana Economic Development Corporation offered Lord's Seed LLC up to $100,000 in conditional tax credits and up to $50,000 in training grants based on the company's job creation plans. These tax credits are performance-based, meaning until Hoosiers are hired, the company is not eligible to claim incentives. The town of Orland approved additional tax abatement at the request of the Steuben County Economic Development Corporation.
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text:
Map and how to get there
Tap to zoom
What's nearby:
How to get there
Nearest travel links
|BGY Milan Orio al Serio (Bergamo) 39 km
|Riva di Solto 7 km
|Train station
|Pisogne 20 km
|Car essential
Activities near Fonteno
|Water sports, Fishing
|Great for
|Walking holidays, Rural or countryside holidays, Beach or lakeside relaxation
How to get there
The area is easily connected with the whole world! Airports nearby:- Milano Orio al Serio BGY 39 km, Milano Linate LIN 94 km, Milano Malpensa MPX 124 km, Brescia Montichiari VBS 82 km, Verona VRN 120 km. From these airports there are low cost flights to everywhere in Europe (Ryanair, Easyjet, AirBerlin, Wizzair, AirOne, etc.).A car is essential.


text:
Videos tagged "agriculturaladvisory"
Message to Students - Vijay PRATAP - Ekgaon02:27
The message Vijay would like to share with the students and the youth, the entrepreneurs of tomorrow world !+ More details
India is one of the most emerging market place in the world. But 70 % of its population still live in rural areas that barely no public services reaches. Focusing on the mobile phone technology,…+ More details
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March 27, 2012
WORLDSLIDE, LLC,PLAINTIFF,v.WAL-MART STORES, INC., DEFENDANT.WORLDSLIDE, LLC,PLAINTIFF,v.AMAZON.COM, INC., DEFENDANT.WORLDSLIDE, LLC,PLAINTIFF,v.TOYS 'R' US-DELAWARE, INC., DEFENDANT.WORLDSLIDE, LLC,PLAINTIFF,v.TARGET CORPORATION, INC., DEFENDANT.
The Court has received the Notice of Related Case filed on March 13, 2012.
Examination of the above-entitled civil actions reveals that these actions are related within the meaning of Local Rule 123(a) (E.D. Cal. 1997). The actions involve many of the same defendants and are based on the same or similar claims, the same property transaction or event, similar questions of fact and the same questions of law, and would therefore entail a substantial duplication of labor if heard by different judges. Accordingly, the assignment of the matters to the same judge is likely to effect a substantial savings of judicial effort and is also likely to be convenient for the parties.
The parties should be aware that relating the cases under Local Rule 123 merely has the result that both actions are assigned to the same judge; no consolidation of the action is effected. Under the regular practice of this court, related cases are generally assigned to the district judge and magistrate judge to whom the first filed action was assigned.
IT IS THEREFORE ORDERED that the actions denominated 2:11-cv-03352-GEB-CKD, Worldslide, LLC v. Amazon.com, Inc., 2:11-cv-03369-JAM-GGH, Worldslide, LLC v. Toys 'R' Us-Delaware, Inc. and 2:11-cv-03350-JAM-EFB, Worldslide, LLC v. Target Corporation, Inc. are reassigned to Judge Morrison C. England, Jr. and Magistrate Judge Gregory G. Hollows for all further proceedings, and any dates currently set in these reassigned cases only are hereby VACATED. The Clerk of the Court is to issue an Order Requiring Joint Status Report in the reassigned cases.
Henceforth, the caption on documents filed in the reassigned cases shall be shown as 2:11-cv-03352-MCE-GGH, 2:11-cv-03369-MCEGGH, and 2:11-cv-03350-MCE-GGH.
IT IS FURTHER ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of civil cases to compensate for this reassignment.
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New Jersey Supreme Court
Decided: October 17, 1932.
PROSPECT POINT LAND IMPROVEMENT COMPANY, RESPONDENT,v.SEWARD B. JACKSON, APPELLANT
On appeal from the Supreme Court, whose per curiam opinion is printed in 9 N.J. Mis. R. 1062.
For the appellant, Lawrence Day.
For the respondent, H. Warner Doremus.
[109 NJL Page 385]
The opinion of the court was delivered by
The opinion of the court was delivered by
PARKER, J. The suit originated in the District Court of the First Judicial District of Morris county, and was by landlord against tenant for unpaid rent reserved by a written lease under seal, of lands in Sussex county. In response to a demand therefor, the following defenses were specified:
"1. Defendant denies he is indebted to the plaintiff.
"2. Plaintiff did not have good right and title to make the lease to the premises described and incorporated in the state of demand.
"3. Plaintiff, by its fault and neglect, caused the defendant to be evicted from the full use and enjoyment of the premises leased."
The lease was for two years from May 15th, 1929, at $300 per year, one-third payable in July, August and September. The property is of the class devoted to summer bungalows, which it was contemplated the tenant should erect, the lease
[109 NJL Page 386]
giving him the right to remove them. On July 4th, 1930, defendant vacated, claiming an eviction, and refusing to pay further rent.
The demised lands are situate on the northwesterly shore of Henderson Cove in Lake Hopatcong. It is admitted that the only access to them by the tenant was by water. About one hundred feet to the south a twenty-five foot driftway ran to the shore, but other lots intervened between this and the demised premises.
The "eviction" claimed consisted in this, that on July 3d, 1929, one McBride, not shown to be connected with the landlord in any way, and not shown to have a paramount title or indeed any title at all so far as the state of the case indicates, put up a fence consisting of one strand of wire on posts, with a ten-foot opening, across the demised premises from the rear property line to the lake.
This was the substance of the eviction claim which seems to be set up in the third specification of defenses. Such a situation, not brought about by the act or procurement of the landlord, is no defense to an action for rent. 36 C.J. 270; O'Neil v. Pearse, 87 N.J.L. 382; 88 Id. 733. No eviction by paramount title was shown. 36 C.J. 271.
We agree with the Supreme Court that the question to defendant as to why he refused to pay, and to McBride whether he claimed to own the property, where he placed the fence, were immaterial and incompetent, and properly overruled. They were set up as the first and second grounds of appeal in the Supreme Court. The other four grounds relate to the charge and were ignored by the Supreme Court on the ground that the state of the case as laid before that court contained neither the charge, nor the requests to charge by plaintiff claimed to have been charged. There was a motion at the opening of the term to confine the state of the case before us to that presented to the Supreme Court, and that motion was granted, so that these points are not before us.
A final point is made which, it is conceded, was not made in the Supreme Court, and which appears not to have been
[109 NJL Page 387]
made in the trial court. It is, that the District Court lost jurisdiction (a) because title to land was involved; (b) because the land in question is situate out of Morris county, to which the territorial jurisdiction of the District Court was restricted.
As has been pointed out, the title to the land was at no time legally brought in question. The suit was by a landlord against its tenant for rent reserved by covenant in a lease. Such actions are transitory and not local, being based on privity of contract. 36 C.J. 410; Bracket v. Alvord, 5 Cow. 18; Patten v. Deshon, 1 Gray (Mass.) 325, 326. See Ward v. Holmes, 7 N.J.L. 171.
The judgment will be affirmed.
For affirmance -- TRENCHARD, PARKER, CASE, DONGES, BROGAN, VAN BUSKIRK, KAYS, DEAR, WELLS, KERNEY, JJ. 10.
For reversal -- None.
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November 1, 2011
PAUL CAMPBELL, JR. AND CYNTHIA CAMPBELL, PLAINTIFFS,v.NACCO MATERIALS HANDLING GROUP, INC.,1581870 ONTARIO LIMITED, AND REPOLIFT LTD., DEFENDANTS.
This case was referred to Magistrate Judge Hugh B. Scott, pursuant to 28 U.S.C. § 636(b)(1). On March 17, 2011, defendant Nacco Materials Handling Group, Inc. ("Nacco") filed a motion (Dkt. No. 31) to preclude the expert testimony of Robert Cunitz pursuant to Rule 702 of the Federal Rules of Evidence. Also on March 17, 2011, Nacco filed a motion for summary judgment (Dkt. No. 32). On March 17 and 18, 2011, defendants 1581870 Ontario Limited ("Ontario") and Repolift Ltd. ("Repolift") filed their own motion for summary judgment (Dkt. Nos. 33, 34). On September 9, 2011, Magistrate Judge Scott filed a Report and Recommendation in which he recommended that Nacco's preclusion motion be granted in part, that Nacco's summary judgment motion be granted in its entirety, and that Ontario and Repolift's summary judgment motion be denied.
Plaintiffs, Ontario, and Repolift filed their respective objections on September 22, 2011. Nacco filed a response to plaintiffs' objections on October 5, 2011. The Court has deemed the matter submitted on papers pursuant to Rule 78(b) of the Federal Rules of Civil Procedure.
Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon a de novo review of the Report and Recommendation, and after reviewing the submissions, the Court adopts the Report and Recommendation in all respects except for the portion concerning Nacco's preclusion motion. The docket indicates that only Nacco filed a preclusion motion, and that no other defendants joined that motion. Since the Court is adopting Magistrate Judge Scott's recommendation to grant Nacco summary judgment, ruling on the preclusion motion is unnecessary. Cf., e.g., Stofsky v. Pawling Cent. Sch. Dist., 635 F. Supp. 2d 272, 305 (S.D.N.Y. 2009) ("Because Defendants are entitled to summary judgment dismissing all of Plaintiff's claims, the Parties' motions to preclude expert testimony on the issue of damages are denied as moot."). The Court thus denies that motion as moot.
Accordingly, for the reasons set forth above and in Magistrate Judge Scott's Report and Recommendation, the Court hereby denies Nacco's preclusion motion (Dkt. No. 31) as moot; grants Nacco's summary judgment motion (Dkt. No. 32) and dismisses Nacco from the case; and denies Ontario and Repolift's summary judgment motion (Dkt. Nos. 33, 34). Plaintiffs and the remaining defendants are directed to appear before the Court on Thursday, December 8, 2011 at 9:00 a.m.*fn1 for a status conference to set a trial date.
Richard J. Arcara
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About Red Ginger of Traverse City
Red Ginger is more than just a place to eat. It is an elevated entertainment experience! There is energy in Red Ginger's dining room unlike any other location in Northern Michigan. The lively design and metropolitan atmosphere will transport you. Our exceptionally talented and welcoming staff will remind you that you are as close to home as you will ever be.
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Friday and Saturdays from 5:00 p.m. to 11:00 p.m.
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Banquet, Bar Dining, Bar/Lounge, Beer, BYO Wine, Corkage Fee, Counter Seating, Full Bar, Gluten-free Menu, Happy Hour, Late Night, Non-Smoking, Outdoor dining, Private Room, Takeout, View, Wheelchair Access, Wine
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Red Ginger of Traverse City Ratings and Reviews
I like bringing guest to Red Ginger. Din ...
I like bringing guest to Red Ginger. Dinner was delicious however, there are limited entrees for vegetarians and vegans. They offer tofu but I was surprised to learn that the Thai Curry Is not vegetarian because it contains fish sauce. I really appreciated that the server mentioned this to us since is was not included in the description. The Lotus flower cocktail is wonderful.
We have eaten here once before and wante ...
We have eaten here once before and wanted to take our out of town guests to a "nice place". We were absolutely delighted with our choice! Our guests are sushi lovers and we all shared several rolls as an appetizer . . . our guests pronounced them EXCELLENT! All entrees were great and the service was perfect. It was a great evening.
We celebrated our anniversary at Red Gin ...
We celebrated our anniversary at Red Ginger. We had great food and service, we decided to go off of the regular menu rather than do the sushi. The tuna was melt in your mouth and my husband's dish was equally amazing.
It is overall very pricy, even compared to other Traverse City restaurants, so it is not a place for casual dining. I do recommend it, just bring a bag of money.
There are a lot of great restaurants in ...
There are a lot of great restaurants in Traverse City, but this has to be one of the best. Fantastic food everytime and a great selection of beer and wine. If you like Asian, fusion, sushi etc...put it at the top of the list
We loved this place. It was our first we ...
We loved this place. It was our first wedding anniversary and we were so happy that we choose this place to celebrate. The staff was attentive and professional, we felt special and cared for. The food was outstanding, pleasing even my sushi-snob wife. The wasabi tuna roll was simply amazing. The sashimi was delicately sliced and the fish was really fresh. And this was the first place we found in Michigan that serve Caipirinhas (best drink ever), which was just the cherry on top.
My husband and I were in Traverse City a ...
My husband and I were in Traverse City and had Red Ginger recommended to us. We were so glad we went! Food was great!!!!! It is not a quiet place - not ideal for intimate conversation but other than that well worth it for the food.
We had all small plates and sushi which ...
We had all small plates and sushi which were all great. I love to dine this way and Red Ginger has some great choices. We sat in the back overlooking the canal and it was very nice and a little quieter than the main dining room which I appreciated since we were with another couple and we didn't want to have to talk so loud to hear the conversation. Overall, the restaurant was great.
Fantastic staff, very attentive and want ...
Fantastic staff, very attentive and wanting to do anything for you. Food was delicious. Ambience was great. Seated out on the smaller room looking out on the river, very pretty. We had trouble with noise level, mostly from one 4-person party directly behind us celebrating a birthday, but unfortunately talking loud enough to have everyone in restaurant hear their conversation. After they left, even though there were plenty of folks left eating, it was perfect.
Nice venue, limited menu. If you don't ...
Nice venue, limited menu. If you don't like raw fish, spicy food or beef, don't waste your time or money dining here. Main server was inattentive and not helpful on picking items thst would be good choices for us.
Kung pao was prepared with uninteresting ingredients- spicy but not flavorable. Chicken wings were ovetcooked and hard as wood. No vegstable choices. Sushi was ok. Pit stickers bland. They offer sauces to cover up unimaginative choices.
The food at Red Ginger was awesome, as u ...
The food at Red Ginger was awesome, as usual. I have to say, I had an unsettling surprise when I was called a few hours before our reservation with a confirmation. I had thought our reservation was for 5:30, but it was actually for 5:15. The caller said that if we wished to dine at 5:30, "that would be fine, but you would have one hour and forty five minutes to eat instead of 2 hours". I was shocked! I had recently read another reviewers comment that they were asked to leave because someone was waiting for their table. We have been dining at Red Ginger since they opened, and have never heard of this!! I said "are you kidding that you would kick us out after 2 hours"? They said, well they wouldn't kick us out, but a "4 top" is given 2 hours to eat, then their table is booked for another party, and they would be "waiting" for the table.
I love this restaurant, but this has given me a bad feeling. Let's face it, it is an expensive place to dine. The bill for my son and I, pre tip was $105. My friend and her son had a pre tip bill of $65. ( and they are 18 and did not have alcohol). I don't like to be handled like cattle when I dine at an upscale restaurant. I'm feeling conflicted right now....,😒
Second time we've dined here. First tim ...
Second time we've dined here. First time was outstanding. Not so much this time. Dragon roll was a little fishy tasting. Chicken "wing" appetizer was unusual but would definitely order again. The hit of the meal. Also had chicken &shrimp green curry. Very good. We ordered white wine by the glass and we tried to order another glass but we're told they had run out. When we got our bill the server had charged us for the wine we didn't get but it was quickly corrected. Wait staff is very accommodating. Place is a little pricey but we would return. Strongly recommend a reservation since the restaurant is very popular.
Red Ginger is absolutely my favorite res ...
Red Ginger is absolutely my favorite restaurant! It's amazing! From the moment your greeted at the front door all the way through the dining experience you feel like a VIP guest. The food is amazing and the staff is the BEST! It is a must in TC!
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Beachfront Apartment on Playa el Coco (Cangrejos)
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Baglio Ferlito: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Buseto Palizzolo, Italy.
Baglio Ferlito provides 3-star accommodation in Buseto Palizzolo. It also features a garden.
Hotel description
Those staying at Baglio Ferlito Bed & Breakfast Buseto Palizzolo can enjoy a satisfying breakfast every morning.
Falcone-Borsellino Airport is a 50-minute drive from the bed & breakfast. Castellammare del Golfo and San Vito Lo Capo are also a short drive from the property.
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D.C. Comics
The devil made me do it!
Good morning and welcome back to the critter shack. Yesterday's trip tightened the grip 'round the necks of the bears who have now all been flipped. "You reap what you sow," Hoofy said with a glow, "now my giggly bull friends are all rolling in dough!" "Think what you will," Boo quickly retorted, "your sense of the world is greatly distorted!" Which critter will dance in a light that's so bright it'll blind you with all of its marvelous might? The answer, my friends, may be unanswered still but we'll soon sniff it out as we romp through the 'Ville!
The Monday giggles were a function of a few connecting dots. The seeds were planted last week during the (oversold) rally, nurtured by an uneventful weekend and fed by a chorus of cheerleading analysts. And so it is, three short sessions after the "imminent demise" of our financial foundation, a collective gust has saved us from bust. Now, with the (bullish) internal measures alleviated and the bears chasing their tails (and shorts), we're staring directly into the technical triple lindy (S&P 1125, NDX 1450ish, Dow 10-4). Funny how that happens.
The landscape is painted, the payroll data is looming and the fundies are slowly starting to emerge on the radar. With that said (and respected), I wanna briefly touch on something that isn't today's business. If you sense I'm walking funny, it's because I'm on my tiptoes as I delicately dance with this sore subject. We've discussed the psychology bubble for some time and I continue to feel that it poses serious risks to our system. We know from experience that it can "inflate" more than anyone anticipates but still, I can't shake the feeling that something sticky is gonna emerge on the political front. That's always been in the back of my mind and the more it resonates, the more I feel the need to communicate it.
Sentiment is an effect (rather than a cause) and as a function of last year's returns, folks far and wide once again feel entitled. Still, the Minx has a menu of fish to fry as we wade through an unprecedented reflation attempt by the Fed. History teaches us that intervention, regardless of its scope, may buy time but rarely (if ever) provides a cure. My fear is that with everyone on the "we're alright until the election" train, the market is ripe for disappointment. Maybe I'm wrong and we're in Bubble: Part Deux (possible), but you should always see both sides of every trade before risking your hard earned capital. And now you do.
Understand that my only agenda is to address potential risks and make ye faithful aware that they exist. These are bi-partisan concerns, mind you--this isn't a political column and that's not my forte. My focus, quite simply, is on the financial ramifications associated with a shift in mindset of the masses. Psychology is subjective and, as such, the most difficult trading metric to quantify. The best we can do is appreciate the outcomes, assign a probability and position ourselves accordingly (while allowing for a margin of error).
We fire up our coffee cup to find the world in meander mode. Europe is mostly lower (FTSE is green), gold is slightly higher (doing "work" at $420), the dollar index is off 30 bips and the futes are pink as they stare at upside resistance. We've got "some" room up north before "buy stops" are elected but we'll cross--or jump off--that bridge when we get to it. In the meantime, put your game face on and think positive--it all starts within.
Good luck today.
- 1
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Conservatives are starting to fight back - they put up a new ACORN and a new O'Keefe will step up to the plate.
I agre with you — they set up another ACORN and it will get its head chopped as well. It is a new day with the investigation on the side of conservatives.


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Gate Valve, Class 200, 1/4 In., FNPT
MILWAUKEE VALVE |Zoro #: G1101161|Mfr #: 1153 1/4"
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Appeal from the Circuit Court of Peoria County; the Hon.
Thomas G. Ebel, Judge, presiding.
Rehearing denied September 12, 1984.
Tommy Whitaker filed a claim under the Workers' Compensation Act (Ill. Rev. Stat. 1981, ch. 48, par. 138.1 et seq.) for injuries arising out of and in the course of his employment with respondent, Maple City Manufacturing. Following a hearing, an arbitrator awarded Whitaker 18 4/7 weeks of compensation at the rate of $192.80 for temporary total disability and $1,794 for necessary medical expenses. The Industrial Commission modified the decision of the arbitrator by finding that claimant was temporarily totally disabled for 13 3/7 weeks, affirmed medical expenses in the amount of $1,700.94, and denied causal relationship between the condition of ill-being subsequent to September 15, 1980, and the injuries sustained. The circuit court of Peoria County reversed the decision of the Commission and entered judgment for claimant entitling him to temporary total benefits and medical expenses up to and through October 28, 1981. Respondent appeals.
Since respondent contends that certiorari was improperly issued, we must first consider whether the circuit court acquired jurisdiction of the case. Section 19(f) of the Act provides in relevant part:
"[N]o praecipe for a writ of certiorari may be filed and no writ of certiorari shall issue unless the party seeking to review the decision of the Commission shall exhibit to the clerk of the Circuit Court a receipt showing payment of the sums so determined to the Secretary or Assistant Secretary of the Commission * * *." Ill. Rev. Stat. 1981, ch. 48, par. 138.19(f)(1).
Claimant filed a praecipe for a writ of certiorari and an affidavit regarding payment of the record, and the clerk issued a writ of certiorari. There is nothing in the record to show that the clerk was made aware that the cost of the record had been paid to the Commission except for an affidavit filed by claimant's counsel. That affidavit recited that counsel had mailed a check in the amount of $175 to the Commission for the writ of certiorari.
In Arrington v. Industrial Com. (1983), 96 Ill.2d 505, 451 N.E.2d 866, the supreme court held that an affidavit filed by claimant's attorney which purports to show payment of the probable cost of the record to the secretary of the Commission is unsatisfactory to show substantial compliance with the statute. In language which is dispositive of the issue before us, the court stated:
"The affidavit merely indicates that a check for such payment was mailed to the secretary of the Commission * * *. Since the check might have been lost or misplaced in transit by the postal service, this affidavit is inadequate to demonstrate that the Commission had actually received payment of the probable cost of the record before the writ of the circuit court issued." 96 Ill.2d 505, 510, 451 N.E.2d 866.
Since claimant's affidavit failed to provide sufficient evidence that the probable cost of the record had actually been paid and since compliance with the statute must appear within the record, the requirements of section 19(f)(1) of the Act were not met. (Miller v. Industrial Com. (1984), 124 Ill. App.3d 291; Bemis Co. v. Industrial Com. (1983), 97 Ill.2d 237, 454 N.E.2d 319; American Steel Foundries v. Industrial Com. (1983), 96 Ill.2d 513, 451 N.E.2d 883.) Consequently, the writ of certiorari was wrongfully issued by the circuit clerk of Peoria County and the circuit court had no jurisdiction to review the findings of the Industrial Commission.
Accordingly, the motion to remand which was taken with the case is denied, the judgment of the circuit court of Peoria County is vacated, and the writ of certiorari is quashed.
Writ quashed; judgment vacated.
SEIDENFELD, P.J., and McNAMARA, WEBBER, and KASSERMAN, JJ., concur.
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August 10, 2011
REBECCA BETHEA DOE, ADMINISTRATRIX FOR THE ESTATE OF ERNEST DOE, PLAINTIFF,v.GLOBE LIFE AND ACCIDENT INSURANCE COMPANY, DEFENDANT.
Presently before the Court is the Motion for Summary Judgment by Defendant Globe Life and Accident Insurance Company ("Defendant"). For the following reasons, the Motion is granted.
In this action, Plaintiff Rebecca Bethea Doe ("Plaintiff"), Administratrix for the Estate of Ernest Doe, seeks $250,000 in benefits from Defendant as issuer of Mr. Doe's accidental death insurance policy (the "policy"). Plaintiff is the surviving spouse of the decedent. (Pl.'s Resp. Opp'n, Ex. P-4, Aff. of Rebecca Doe ¶ 1, June 27, 2011 ("Doe Aff.").)
On August 20, 2005, Ernest Doe was pronounced dead at AtlantiCare Regional Medical Center by Dr. Hydow Park, medical examiner for Atlantic County, New Jersey. (Compl. ¶ 9.) Following an autopsy and toxicology report, Dr. Park identified the cause of death as acute cocaine, hydrocodone, and diazepam intoxication, and deemed the death accidental. (Pl.'s Resp. Opp'n, Ex. P-2.) The Certificate of Death reflects these findings. (Id., Ex. P-1.) At the time of Mr. Doe's death, he suffered from diabetes, obesity, high blood pressure, and hypertension. (Compl. ¶ 6.) The medical examiner's report also noted a history of drug and alcohol abuse. (Pl.'s Resp. Opp'n, Ex. P-2.) Plaintiff has sought to recover benefits under Mr. Doe's accidental death benefit policy, which names Plaintiff as beneficiary. (Compl. ¶ 14; Def.'s Mot. Summ. J. ¶ 5.) Defendant has denied Plaintiff any payment, claiming that the policy does not cover death via acute drug intoxication. Consequently, Plaintiff commenced this action in the Court of Common Pleas in Philadelphia County on July 29, 2010. Defendant removed the matter to the Eastern District of Pennsylvania on August 3, 2010. Both parties having completed discovery, Defendant now moves for summary judgment.
Summary judgment is proper "if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." FED. R. CIV. P. 56(c)(2). A factual dispute is "material" only if it might affect the outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). For an issue to be "genuine," a reasonable fact-finder must be able to return a verdict in favor of the non-moving party. Id.
On summary judgment, the moving party has the initial burden of identifying evidence that it believes shows an absence of a genuine issue of material fact. Conoshenti v. Pub. Serv. Elec. & Gas Co., 364 F.3d 135, 145-46 (3d Cir. 2004). It is not the court's role to weigh the disputed evidence and decide which is more probative, or to make credibility determinations.
Boyle v. County of Allegheny, 139 F.3d 386, 393 (3d Cir. 1998) (citing Petruzzi's IGA Supermkts., Inc. v. Darling-Del. Co. Inc., 998 F.2d 1224, 1230 (3d Cir. 1993)). Rather, the court must consider the evidence, and all reasonable inferences which may be drawn from it, in the light most favorable to the non-moving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (citing United States v. Diebold, Inc., 369 U.S. 654, 655 (1962)); Tigg Corp. v. Dow Corning Corp., 822 F.2d 358, 361 (3d Cir. 1987). If a conflict arises between the evidence presented by both sides, the court must accept as true the allegations of the non-moving party, and "all justifiable inferences are to be drawn in his favor." Anderson, 477 U.S. at 255.
Although the moving party bears the initial burden of showing an absence of a genuine issue of material fact, it need not "support its motion with affidavits or other similar materials negating the opponent's claim." Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). It can meet its burden by "pointing out . . . that there is an absence of evidence to support the nonmoving party's claims." Id. at 325. Once the movant has carried its initial burden, the opposing party "must do more than simply show that there is some metaphysical doubt as to material facts." Matsushita Elec., 475 U.S. at 586. "[T]he non-moving party must rebut the motion with facts in the record and cannot rest solely on assertions made in the pleadings, legal memoranda, or oral argument." Berckeley Inv. Group. Ltd. v. Colkitt, 455 F.3d 195, 201 (3d Cir. 2006). If the nonmoving party "fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden at trial," summary judgment is appropriate. Celotex, 477 U.S. at 322. Moreover, the mere existence of some evidence in support of the non-movant will not be adequate to support a denial of a motion for summary judgment; there must be enough evidence to enable a jury to reasonably find for the non-movant on that issue. Anderson, 477 U.S. at 249-50.
Defendant argues that Mr. Doe's death does not qualify for coverage because it does not fall within the policy's definition of "accidental." (Def.'s Mot. Summ. J. ¶¶ 36-37.) Even if the death could be deemed accidental, Defendant argues that it falls within one of the policy's stated exclusions. (Id. ¶ 46.) The Court agrees with Defendant's latter assertion, and thus need not reach the issue of whether acute drug intoxication qualifies as "accidental" within the meaning of the policy.
The policy states that it does not cover death caused by "[b]eing under the influence of any drug, narcotic, poison or gas unless taken on the advice of a physician." (Pl.'s Resp. Opp'n, Ex. 2 at 2.) Defendant, citing the cause of death identified in the medical examiner's report and the death certificate as acute cocaine, hydrocodone, and diazepam intoxication, argues that Mr. Doe's death was clearly drug-induced, hence excepting him from coverage. (Def.'s Mot. Summ.
J. 12-13.) Plaintiff does not question Defendant's interpretation of the exclusion, nor does she contend that the exclusion's terms are ambiguous. Rather, she argues that the examiner failed to test for the presence of Avandia, a diabetes medication Mr. Doe had been taking at the direction of his doctor since June of 2005. (Pl.'s Resp. Opp'n 1-2.) According to Plaintiff, the FDA has determined that Avandia has "lethal side effects." (Id. at 4.) No one from the medical examiner's office ever questioned Plaintiff about Mr. Doe's medical history or prescription medications. (Doe Aff. ¶¶ 6, 8.) As such, Plaintiff argues that a genuine issue of material fact exists as to whether her husband's death was caused by Avandia -- and thus falls outside the scope of the aforementioned exception. (Id. at 2.)
The Court finds that Plaintiff has not provided evidence sufficient to raise a genuine issue of material fact such that summary judgment should be denied. Defendant cites the medical examiner's Post-Mortem Examination Report, the Toxicology Report, and the Certificate of Death as evidence that Mr. Doe died as a result of acute drug intoxication. Plaintiff offers no competing expert testimony or medical documentation. She fails to put forth any evidence of Avandia's "lethal side effects" beyond her own affidavit, where she states that "Avandia has been linked to heart attacks, congestive heart failure, stroke, death, bone fractures, and liver failure by the Food and Drug Administration." (Doe Aff. ¶ 5.) Nor does she list the ingredients of Avandia, which would allow the Court to determine whether they were included in the hundreds of substances for which Mr. Doe was tested during the toxicology analysis. "Rule 56 explicitly requires a party opposing a summary judgment motion to present specific facts -- in such forms as affidavits, answers to interrogatories, admissions and depositions -- which demonstrate that there exists a genuine issue of material fact to be resolved by a factfinder." Shiffler v. Equitable Life Assur. Soc. of U.S., No. CIV.A.84-6344, 1987 WL 13090, at *6 (E.D. Pa. June 25, 1987). Here, Plaintiff provides no evidence that Avandia caused Mr. Doe's death beyond her own affidavit noting the potential side effects of the drug. Such an unsupported assertion, made without personal knowledge or expertise, is insufficient to raise a genuine issue of material fact as to the cause of Mr. Doe's death.*fn1 Accordingly, the Court grants Defendant's Motion for Summary
In light of the foregoing, the Court finds that Plaintiff has failed to carry her evidentiary burden to overcome summary judgment. Accordingly, Defendant's Motion for Summary Judgment is granted.
An appropriate Order follows.
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By AGIS SALPUKAS
Published: February 4, 1995
With ingenuity, good fortune and unusually fast cooperation from a Japanese ministry, Sea-Land Service Inc., one of the largest container shipping companies, has found a way to resume shipping out of Kobe, Japan, months earlier than had been anticipated.
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Photo: A bus is pulled from the water at Kobe port. It was one of 23 vehicles to fall into the water from a parking lot during the Jan. 17 earthquake. (Reuters)


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