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Anne Hathaway In a Bathing Suit Vacationing with Her Boyfriend in Italy
Barbara DeFranco
| July 22, 2011 - 4:15 pm
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A Chemical Engineering Graduate (MEng) who has also completed a 12 month work-placement in a Process Engineering role within the industrial manufacturing sector. Within his studies and work placement he has experience of; process design, process development, process optimisation, process control and 'root cause analysis'.
This candidate comes across well in interview as an articulate, enthusiastic and confident individual who shows initiative and is practically minded. He is looking for a suitable Process Engineer role – ideally working within manufacturing (as opposed to R&D/Design).
For more information regarding this candidate please contact John Wright on 0151 239 1296.

subset: commoncrawl


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Shivamogga Tourism & Travel Guide
ghats ,Shivamogga district... in Shivamogga and proceed...
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In 1565 the combined armies of Bijapur, Golconda, Ahmednagar, Bidar and Berar defeated the forces of Vijayanagar(present day Hampi) in the Battle...
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Top Places To Visit 1 Spots
Shivappa Nayak Palace and Musuem Shivamogga
It is basically a musuem made out of the Shivappa Nayaka Palace and was constructed by a person with the same name in the 16th century, it displays many stone carvings and idols in its green lawns.
Places To Stay 4 Places
About Shivamogga
This place is like nature's gift with waterfalls, mountains, oaddy fields, beautiful sceneries, gorgeous flora and fauna and what not. This place is in the Mid Sout Western part of Karnataka and is often known as the "Rice bowl of Karnataka". The present and official name is Sivamogga. The main attractions here are the Sacred Heart church, Sivappa Nayaka Palace, Abbe Falls, Achakanya Falls, Agumbe, Ambutheertha, Balligave, Bhadra Dam, Bhadravati River and others. This place has been ruled by a number of dynasties in the history. These include the Gangas, Hoysalas, Kedlas, Chalukyas, Rashtrakutas and many more.
Best Time To Visit
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4 Hotels found


text: Esca with compressed posterior and anterior crests; anterior margin of vomer nearly straight; minute skin spines present over most of body (Ref. 13608). Branchiostegal rays 6 (Ref. 36493). Caudal-fin rays 8. Scales are cone-shaped, hollow and translucent; with circular base and a free edge pointing towards the caudal region. Left otolith, oblong shape with regular edges, inner face does not present rostrum, antirostrum or cisure (Ref. 41244).


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Mornings Mantra.
Morning's Mantra.
Each New Day Is A Gift,
How can one
not feel hope,
when each dawn,
brings new chances
to find warmth
burning through clouds.
yesterdays follies
into wisps
of nothing....
each new day
brings new ways
to brighten
our tomorrows
beyond any
and all sorrows.
Granting horizons
full of blues
not of the
saxes wail
but a much
softer pale
we can live with.
Rise like the sun,
blazing with
life's intensity
seek out tasks
left undone
and become one
with the hum
of hope.
Soon others
will bask
in your
dazzling light.
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Comments 3 comments
Wow. That is beautiful. Thank you for taking the time to write it out, and share it with the rest of us.
Thank you for sharing, that was engaging.
Wonderful way to start each day! Forgetting what is behind and reaching out to embrace today. Thanks for this beautifully written piece. It encouraged me! :0)


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Move over Beyonce, the A$AP Mob crew are getting in formation to always strive and prosper. On the rollicking track, "Lords Never Worry," A$AP Twelvyy, A$AP Nast and A$AP Rocky drop militant rhymes of money, power and respect.
Over a stomping beat, blaring trumpet horns and operatic choir, the A$AP Lords vow to make an impact in music by any means necessary.
"I feel good enough to buy a bunch of real estate / Move my momma outta state," raps Nast. "Why? 'Cause this the new power anthem / And n—-, we the new Black Panthers, bitch / Get your hands up, we in it for the ransom / Money, power, respect, blocks gave us the answer."
Twelvyy follows with a blistering verse detailing his mind state as he maneuvers from the streets to the boardrooms.
"Got a budget for the lawyer, it's my freedom on the corner / It ain't worth it, making history is more important / My thoughts is soarin', smokin' power," he spit, adding, "Look I just finished tourin', world wide residential / All started with a pencil, now my suites presidential."
Finally, Rocky delivers a black power verse, albeit controversial, as he name drops Martin Luther, Jr., Malcolm X and President Obama.
"This is Huey Newton with the Uzi shooting' / The trill Martin Luther finna spark the Ruger / Malcolm X's Muslim army marchin' to ya / Flacko bring the chopper to ya, preacher screamin' hallelujah," he raps, adding, "Dear Mr. President, I'm the s—."
"Lords Never Worry" is part of A$AP Rocky's new weekly music series called Wavy Wednesdays. Raise your fist up in the air and check out the A$AP Twelvyy's song below.


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The Georgia Hometown Forum is a place to hang out and talk about firearms.
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Just curious what everyone fills this cake with. My brain is just not wanting to give me any cool ideas. Just a plain Bavarian cream sounds lame, I want to spice it up a bit. Anyone got some ideas for me and my lazy brain? Thanks!
I've seen them done in whipped white chocolate ganache and also white chocolate and chocolate mousse.
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An infographic that tells you all you need to know about the Hanukkah menorah and how to light a menorah.
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A brand new group of images have come to light for Jacques-Oliver Molon's ">Humains and though you can see one on your right, a lot more are awaiting you over at Quiet Earth.
None of them are too terribly exciting, I'm sorry to say, but it's better than nothing, right? The story follows a group of researchers who travel to the Swiss Alps in search of something that could bring all theories of human evolution into question. They crash on the way, of course, and soon realize that there's a good chance their evidence could be hunting them.
The creepy ass poster we showed you guys a few weeks back indicates there's some kind of monster or trick of evolution at the heart of Humains, but the fact is we just don't know right now. Check out more of the stills at Quiet Earth and keep it here for updates!
Got news? Click here to submit it!
Trace your evolution to the Dread Central forums!


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Applecross Villa
3 bedroom Holiday house for rent in Applecross
$149.81 - $321.00*per dayprice range estimate for 2 guests*
Guest rating: 3 / 2 reviews
Applecross. Home and playground to some of Perths most well-heeled residents, this prestigious suburb boasts proximity to both the city of Perth and the port city of Fremantle. With the beautiful Swan river on its doorstep, one of the largest shopping centres in the metro area, Garden City just minutes away, and a plethora of eateries for all tastes and budgets, its no wonder Applecross is such a sought after address.
Applecross could be your address, too, if you choose this chic three bedroom villa for your WA stay. Perfectly located for either the business or leisure traveller, this fully equipped and tastefully appointed three bedroom villa offers all the comforts of home, with a host of little luxury extras you expect while staying away.
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When finished with your activities for the day, relax with a drink on your private alfresco, or put your feet up in front of the huge flat screen television. Come night-time, maybe a long soak on the bath is in order, and both queen bedrooms will beckon with their chic decor and luxury linen.
The villa on Alness Street in Applecross, quality accommodation in a superb, much sought-after location. Make it your address for your WA Stay
Note. Pricing is set for 4 adults $25 extra/adult/per night
P.O.A for Special Events
Make a booking request now
Is a deposit required?
Yes - 50% of the accommodation charge to be paid at the time of booking.
When do you require final payment?
Final 50% due one month prior to arrival
What payment forms do you accept?
- All prices are quoted in Australian dollar
- EFT transfer into our business account
- Credit Card Payments
We appreciate that most guests will respect the property of the operator and act in good faith whilst in residence. However, occasional abuse requires that a surety (Bond) be applied and that all guests understand the basis for the surety by agreeing to the terms and conditions of the lease.
- Occupancy shall begin and end on the dates shown on the receipt.
- Only those persons identified on this agreement may stay in the property.
- The operator will repair all maintenance issues in the fastest time possible, once reported. Guests indemnify the operator against any loss or inconvenience that may be caused due to advertised facilities being down due to maintenance.
- It's the responsibility of the guest to properly inform themselves as to the features of the premise and to ensure the property meets their expectations as the operator does not accept responsibility for any misperception of the property.
- No animals or pets are to be brought onto the property unless specific arrangements have been made in writing with the operator.
- The operator may enter the premises for the purpose of inspecting the premises or any other purpose, on a day and at a reasonable hour, with reasonable notice.
- The surety will be refunded within 48 hours subject to the conditions herein being met.
Guests must:
- Park their vehicles in the designated areas only.
- Acknowledge that any fixtures, furnishings and appliances in the premises are the property of the operator. Guests do not have any claim over any of these items.
- Keep the premises in a reasonable state of cleanliness. Cleaning at the end of your stay is our cost. Please note we do reserve the right to charge a fee for the extra time taken if cleaning goes over the time allocated.
- Notify the operator as soon as practicable but within 3 days of any damage to the premises conduct themselves in a proper manner so as to not interfere with the use or enjoyment of the property for other occupiers or neighbouring properties.
- Leave the premise clean and tidy on departure. This includes emptying rubbish bins, washing and drying dishes, hanging used towels in the bathroom, leaving used beds neatly folded back, cleaning the barbecue, sweeping and vacuuming, and cleaning the fridge, oven, grill and any food spills.
Guests must not:
- Use the premises, or cause or permit the premises to be used, for any illegal purpose.
- Use the premises to hold any parties or functions.
- Smoke inside the premises. If smoking outside the premises, guests must discard cigarette butts in the rubbish bins provided.
- Allow children to jump on beds. Damage incurred from this may result in loss of the surety affix any fixture or make any renovation, alteration or addition to the premises without the operatorגs consent.
- Intentionally or negligently cause or permit damage to the premise.
- Cause or permit a nuisance which would interfere with the use or enjoyment of the property for other occupiers or neighbouring properties. This includes unruly, loud or offensive behaviour. Complaints received regarding such behaviour may result in termination of the lease and loss of the surety.
- A charge for losing the keys to the premises will apply.
- Cigarette butts that are discarded into the garden beds may incur an additional charge for cleaning expenses.
- Guests will be liable for any damage, breakage and loss to the premises and its contents. The guest authorises the operator to debit any repair or replacement costs that may be incurred therein to a credit card nominated by the guest.
- Guests indemnify the operator against any damage or loss which may be sustained by them whilst on the premises.
- Guests will be liable for payment of any charges incurred by the guest. The guest authorises the operator to debit the payment of any such charge to a credit card nominated by the guest.
- Upon termination of the lease, guests must immediately vacate the premises.
- An operator may give notice of termination of the lease to the guests where there has been a breach of a term of the lease and that breach has not been remedied, or on the non-compliance of any reasonable direction given by the operator.
- When a confirmed booking is cancelled more than 1 month prior to arrival date, payment will be refunded although a 25% cancellation fee will apply.
- When a confirmed booking is cancelled less than 1 month prior to arrival date, no refund is payable.
- No refund is payable for early departures.
We would love to have you stay with us. If there is anything else that we may assist you with, please don't hesitate to contact us.
I agree to the conditions listed above. I agree to lease this property fully furnished and equipped for the period indicated and to reside in the property under these conditions. I agree to take full responsibility for the actions of all member(s) of my party and visitors during my residence on the premises and I agree to leave the property in the same condition as upon arrival.
the house room arrangement is not too convinient its the house agent who manage the property not the direct owner its different when we have to deal with agent and the direct owner its more convinient to deal with the direct owner 2/5 by Shindy Tendri Haryanto, indonesia 25/10/2016Hi Shindy Thankyou for your review. We Only wish you had explained your inconveniences in person. As a manger we offer the same level of service to our guests as the owner. WA Stay Properties [manager response]
We enjoyed the location of the property and ease of access to public transport. It is also situated in a quiet street. The unit was clean tidy and well furnished and furbished. There were a few minor defects like chipped crockery and fused light bulbs. We can and will certainly recommend Applecross Villa to anybody interested to rent it for a short stay to Perth.4/5 by Cornelia Eksteen, Welgemoed, Bellville, South Africa 17/10/2014


text:
Having unwanted fat in various locations of your body can have a substantial impact on your health and self-esteem. While conventional weight loss through workout and diet plan is a great way to drop weight overall, even the very best exercises cannot target problem areas like the stomach, inner thighs, arms, and butts. Liposuction is a time tested treatment that is used to get rid of excess fat from particular areas of the body, enabling a specific to form and contour their body to their liking. Is liposuction right for you? Learn now.
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• Issues with general anesthesia. Due to the fact that liposuction is performed under general anesthesia, the treatment brings the very same risks as other type of surgery where basic anesthesia is used. Hidden medical conditions may increase these threats.
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Vujicic was born without limbs due to a rare genetic disease
Life without limbs and limits. Australian motivational speaker and philanthropist Nick Vujicic paid a visit to the Ukrainian soldiers currently in treatment at a military hospital in Kyiv.
The 33-year-old was born without hands and legs due to a rare inherited desease. Despite that he lives a full-fledged life. He shared his personal experience during a speech at the hospital.
Read also 'The Victors' come to Toronto to tell their life-affirming stories of heroism and courage (photos)
Nick Vujicic, Australian Philanthropist: "I will not tell you I understand your pain, because I was born like this, but thanks to my fathers and my faith in God I'm here with you. I'm 33 and I can walk, swim, surf."
Vujicic says the fact that he has no limbs doesn't stop him from traveling around the world and skydiving. It didn't stop him from finding his true love too. Now he has a wife and two kids. And plans to have another child.
Nick Vujicic, Australian Philanthropist: "I can't touch my wife's hand, but I can touch her heart. I can't hold my son when he cries, but he can hug me. The dreams will come true, just don't give up."
The servicemen listening to his speech are recovering from wounds received during the war in Donbas . Many of them lost limbs in the battles against the Russian-backed separatist forces. Dmytro Kraslianskyi is one of them. He was wounded a year ago, went into coma twice. The soldier says Vujicic's example inspires him.
Dmytro Kraslianskyi, Ukrainian soldier: "I often see completely healthy people who don't cherish their lives. But when you lose your legs you begin to understand. He made it, and I want to. Want to have a family too."
Read also 'Help The Heroes': Powerful images capture Ukrainian war amputees
Nick Vujicic admits at one point he wanted to commit suicide. Now he understands, happiness does not depend on hands and legs, it lies in your heart. Vujicic says he has a dream. He keeps a pair of shoes in his wardrobe. Just in case.


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January 30, 2008
NED J. OYLER, PLAINTIFFv.FINANCIAL INDEPENDENCE AND RESOURCE EDUCATION, DEFENDANT
(Judge Conner)
Presently before the court is the motion to compel arbitration (Doc. 6), filed by defendant Financial Independence and Resource Education ("FIRE"), based on an arbitration clause included in a contract for services between FIRE and plaintiff Ned J. Oyler ("Oyler"). Oyler contends that the arbitration clause is unconscionable and does not encompass the instant litigation, which is premised upon a violation of the Lanham Act's false advertising provision. (See Doc. 10 at 2); see also 15 U.S.C. § 1125(a)(1)(B) (setting forth the elements of a false advertising claim pursuant to the Lanham Act). For the reasons that follow, the motion will be granted.
I. Factual Background*fn1
On January 25, 2006, Oyler and FIRE entered into a contract pursuant to which FIRE agreed to negotiate settlements from Oyler's creditors in exchange for a fee. (See Doc. 1 at 8-11.) The contract provides, in pertinent part, as follows:
14. BINDING ARBITRATION: Client agrees that any claim or dispute by either Client or F.I.R.E. against the other, . . . arising from or relating in any way to this agreement, shall be resolved by binding arbitration. All parties agree that the American Arbitration Association ("AAA") under the Code of Procedure shall conduct the arbitration in effect at the time the claim is filed. If the AAA is unable, or unwilling to act as an arbitrator, another independent arbitration organization shall be substituted. Client understands that the result[] of this arbitration clause is that claims cannot be litigated in court, including some claims that could have been tried before a jury as class actions or as private attorney general civil actions. Any arbitration proceeding brought by Client shall take place in Palm Beach County, Florida. In the event of any arbitration proceeding arising out of, or relating to this Contract For Services, the prevailing party shall be entitled to recover its costs and expenses, including its attorney's fees. (Id. at 11.) Oyler separately initialed each numbered paragraph in the contract with FIRE, including the paragraph setting forth the aforementioned arbitration clause. (Id. at 8-11.)
On May 29, 2007, Oyler filed the instant complaint, claiming that FIRE used false advertising practices that violated the Lanham Act. (See id. at 4-7.) On July 10, 2007, FIRE filed the instant motion to compel arbitration. (Doc. 6.) The motion has been fully briefed and is ripe for disposition. II. Standard of Review
Granting a motion to compel arbitration effects a "summary disposition of the [factual] issue" of the existence of an agreement to arbitrate, and, for this reason, courts should consider the facts in the light most favorable to the non-moving party, giving that party "the benefit of all reasonable doubts and inferences that may arise." Par-Knit Mills, Inc. v. Stockbridge Fabrics Co., 636 F.2d 51, 54 & n.9 (3d Cir. 1980), quoted with approval in Sandvik AB v. Advent Int'l Corp., 220 F.3d 99, 106 (3d Cir. 2000). In the context of such a motion, the court may consider the pleadings, documents of uncontested validity, and affidavits or depositions submitted by either party. See id. (citing FED. R. CIV. P. 56(c)).
III. Discussion
The Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16, provides a framework for the implementation of private arbitration agreements and establishes a strong presumption in favor of arbitration. Sandvik, 220 F.3d at 104. When adjudicating a motion to compel arbitration, the court must address two issues: (1) whether the parties have entered into a valid, written agreement to arbitrate, and (2) whether the dispute in question falls within the scope of that agreement. Gay v. CreditInform, __ F.3d __, 2007 WL 4410362, at *12-*13 (Dec. 19, 2007); Nationwide Mut. Ins. Co. v. Cosenza, 258 F.3d 197, 202 (3d Cir. 2001); see also U.S. Small Bus. Admin. v. Chimicles, 447 F.3d 207, 209 (3d Cir. 2006) (requiring a written agreement before a court can compel arbitration); 9 U.S.C. § 2 (addressing the validity, irrevocability, and enforcement of written agreements to arbitrate). The court turns first to the question of whether a valid, written arbitration agreement exists between Oyler and FIRE.
A. Does a Valid Arbitration Agreement Exist?
In the instant action, the contract between the parties contains a written agreement to arbitrate. However, Oyler contends that the arbitration agreement is not valid because it is unconscionable. (See Doc. 16 at 2.) "[G]enerally applicable contract defenses, such as fraud, duress, or unconscionability, may be applied to invalidate arbitration agreements." Bragg v. Linden Research, Inc., 487 F. Supp. 2d 593, 605 (3d Cir. 2007) (quoting Doctor's Assocs. v. Casarotto, 517 U.S. 681, 687 (1996)). When determining the applicability of such a defense, a court "should apply ordinary state-law principles that govern the formation of contracts." Bragg, 487 F. Supp. 2d at 605 (quoting First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 944 (1995)); see also Homa v. Am. Express Co., 496 F. Supp. 2d 440, 447 (D.N.J. 2007) (stating that a court "must determine whether any state law contract defenses invalidate [an arbitration] agreement"). The contract in the instant case contains a choice of law clause stating that Florida law governs the agreement between the parties.*fn2 (Doc. 1 at 10.) Accordingly, Oyler's unconscionability defense will be evaluated using principles of Florida law.
Florida law requires a showing of both substantive and procedural unconscionability before an arbitration provision will be deemed unenforceable. Alterra Healthcare Corp. v. Estate of Linton ex rel. Graham, 953 So. 2d 574, 579 (Fla. Dist. Ct. App. 2007); Murphy v. Courtesy Ford, LLC, 944 So. 2d 1131, 1134 (Fla. Dist. Ct. App. 2006). The party seeking to avoid an arbitration provision has the burden to establish its unconscionability. Murphy, 944 So. 2d at 1134. Substantive unconscionability "concerns the actual terms of the contract, and the court must determine whether they are so outrageously unfair as to shock the judicial conscience." Prieto v. Healthcare & Ret. Corp. of Am., 919 So. 2d 531, 533 (Fla. Dist. Ct. App. 2005). Procedural unconscionability "relates to the manner in which a contract is made." Lopez v. Ernie Haire Ford, Inc., ___ So. 2d ___, No. 2D06-1665, 2007 WL 486616, at *1 (Fla. Dist. Ct. App. Feb. 16, 2007). Factors to be considered in a court's evaluation of procedural unconscionability include: (1) the relative bargaining power of the parties, and (2) the parties' abilities to know and understand the disputed contract terms. Id. at *1.
The court turns first to the issue of procedural unconscionability. The first procedural unconscionability factor, namely, the relative bargaining power of the parties, weighs in Oyler's favor but is not dispositive of the issue. The instant contract was one of adhesion -- it was presented on a "take-it-or leave-it basis" and Oyler had no meaningful opportunity to bargain regarding its terms.*fn3 Murphy, 944 So. 2d at 1134. The existence of an adhesion contract is a "strong indicator" of procedural unconscionability because it "suggests an absence of meaningful choice." VoiceStream Wireless Corp. v. U.S. Commc'ns, Inc., 912 So. 2d 34, 40 (Fla. Dist. Ct. App. 2005) (internal citations and quotations omitted). Nevertheless, "the presence of an adhesion contract alone does not require a finding of procedural unconscionability." Id. Provided that the purchaser of a service is free to obtain those services elsewhere, he or she is not required to sign a contract of adhesion, and a finding of procedural unconscionability does not result. Id.; see also Fonte v. AT&T Wireless Servs., Inc., 903 So. 2d 1019, 1025 n.2 (Fla. Dist. Ct. App. 2005) (concluding that an adhesion contract was not unconscionable because plaintiff did not have to sign the contract if she was unsatisfied with its terms). Here, Oyler was free to obtain the debt reduction services offered by FIRE from another source; therefore, the imbalance in the relative bargaining power of the parties does not, without more, mandate a finding of procedural unconscionability.
Turning to the second procedural unconscionability factor, the court finds no evidence of record to suggest that Oyler lacked the requisite ability to know and understand the contract's terms. To the contrary, Oyler admits that he engaged FIRE's salesperson in a dialogue about any contractual terms that he did not readily understand. (See Doc. 1 at 4.) Hence, it is pellucidly clear that Oyler appreciated his duty "to learn and know the contents of [the] proposed contract before he sign[ed] and deliver[ed] it." Lopez, 2007 WL 486616, at *1. If Oyler did not comprehend the import of the arbitration provision, he was free to inquire about its meaning before signing the contract and initialing the arbitration provision. Having freely entered into the contract, Oyler may not retrospectively avoid its consequences "simply because he . . . elected not to read and understand its terms before executing it." Murphy, 944 So. 2d at 1134; see also Lopez, 2007 WL 486616, at *1 (finding that a plaintiff who had signed a contract and initialed its arbitration provision could not "defeat enforcement of [the] written contract on the ground that he signed it without reading it"); Bland ex rel. Coker v. Healthcare & Ret. Corp. of Am., 927 So. 2d 252, 256-57 (Fla. Dist. Ct. App. 2006) (stating that a plaintiff's "limited education and apparent failure to consider carefully" the terms of a contract did not compel a finding of procedural unconscionability).
Nor was Oyler's ability to understand the arbitration provision hindered by its presentation or location in the contract. In Murphy v. Courtesy Ford, LLC, 944 So. 2d 1131 (Fla. Dist. Ct. App. 2006), the court found an arbitration provision to be valid where the provision appeared in the same type-face as the balance of the contract and there was no evidence that the seller had prevented the buyer "from knowing and understanding the disputed contract terms." Id. at 1135. In contrast, in Palm Beach Motor Cars Ltd., Inc. v. Jeffries, 885 So. 2d 990 (Fla. Dist. Ct. App. 2004), the court found an arbitration provision to be procedurally unconscionable where the provision was located on the back of the agreement, the language on the front of the agreement regarding the presence of the provision on the back was in the smallest font on the page, and the seller did not inform the buyer of the provision on the back. Id. at 991. The arbitration provision in the instant case bears none of the markers of unconscionability inherent in the provision invalidated in Jeffries. The provision appears in the same type-face as the remainder of the contract and is logically located on the front of the agreement. Moreover, the requirement that each paragraph be separately initialed militates against a finding that FIRE was attempting to prevent Oyler from reading or understanding the arbitration provision. To the contrary, the initialing requirement actually compelled Oyler to give the paragraph individual consideration before affixing his initials thereto.
While Oyler faced an imbalance in bargaining power when entering into the instant contract, he appreciated his duty to learn and understand the contract's terms and FIRE in no way prevented him from doing so. Accordingly, the court finds that the contract's arbitration provision was not procedurally unconscionable. In light of this finding, the court need not address the conjunctive issue of substantive unconscionability. See Alterra, 953 So. 2d at 579 (finding that failure to demonstrate procedural unconscionability renders substantive unconscionability issue moot); see also Lopez, 2007 WL 486616, at *1; Murphy, 944 So. 2d at 1135.
B. Does Oyler's Lanham Act Claim Fall Within the Agreement's Scope?
Absent language in the parties' agreement clearly providing otherwise, the arbitrability of a dispute is a question of law for the court to determine. Chimicles, 447 F.3d at 209; General Electric Co. v. Deutz AG, 270 F.3d 144, 154 (3d Cir. 2001). The reviewing court must apply federal substantive law. See Peltz v. Sears, Roebuck and Co., 367 F. Supp. 2d 711, 717 (E.D. Pa. 2005) (citing Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 626 (1985)). Federal law provides that, when an arbitration agreement exists, the court should compel arbitration "unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute." Trippe Mfg. Co. v. Niles Audio Corp., 401 F.3d 529, 532 (3d Cir. 2005) (quoting AT&T Techs., Inc. v. Commc'ns Workers of Am., 475 U.S. 643, 650 (1986) (emphasis in original)). This presumption of arbitrability is particularly strong when the parties contractually agree to an arbitration provision broadly encompassing all disputes arising from and/or out of the agreement. AT&T, 475 U.S. at 650; see Battaglia v. McKendry, 233 F.3d 720, 725 (3d Cir. 2000) ("This presumption of arbitrability is particularly applicable where the arbitration clause at issue is broad."). To overcome the presumption of arbitrability, "a party must either establish the existence of an express provision excluding the grievance from arbitration or provide 'the most forceful evidence of a purpose to exclude the claim from arbitration.'" Miron v. Seidman, 342 F. Supp. 2d 324, 329 (E.D. Pa. 2004) (quoting AT&T, 475 U.S. at 650).
The arbitration clause in the instant case, which prescribes arbitration for "any claim or dispute . . . arising from or relating in any way" to the agreement between the parties," is a quintessentially broad provision. (Doc. 1 at 11); see also Peltz, 367 F. Supp. 2d at 716 (deeming "very broad" an arbitration clause that applied to any and all claims "arising out of, relating to, or in connection with" the agreement between the parties). The claim at issue in the instant case is that FIRE intentionally made false statements when promoting its debt reduction services in contravention of the Lanham Act. The arbitration clause does not contain a provision expressly excluding Lanham Act claims from its grasp. Accordingly, Oyler must proffer "the most forceful evidence" of a mutual intent to exclude Lanham Act claims from the reach of mandatory arbitration. See Miron, 342 F. Supp. 2d at 329. To meet this burden, Oyler argues that his Lanham Act claim is not arbitrable because it relates to conduct that occurred prior to the date that the parties entered into a contract. When confronted with similar facts, the United States Court of Appeals for the Ninth Circuit held that the plaintiff's Lanham Act claim was arbitrable because it "pertain[ed] to statements made . . . in the course of [the defendant's] promotional efforts," which ultimately led to the formation of the contract at issue. Simula, Inc. v. Autoliv, Inc., 175 F.3d 716, 724 (9th Cir. 1999); see also Innerwireless, Inc. v. Johnson Controls, Inc., No. 07-312, 2007 WL 2428591, at *4 (N.D. Tex. Aug. 27, 2007) (concluding that Lanham Act claim fell within broad arbitration clause where the underlying contract "served as the conduit through which" the defendant's alleged misdeeds "were made possible"); Metro. Life Ins. Co. v. O'Malley, 392 F. Supp. 2d 1042, 1045 (N.D. Ill. 2005) (holding that Lanham Act claim fell within broad agreement to arbitrate); Medtronic, Inc. v. Etex Corp., No. 04-1355, 2004 WL 950284, at *3 (D. Minn. Apr. 28, 2004) (same); Mann v. N.A.S.A. Intern., Inc., No. 99-11936, 2000 WL 1182823, at *3-*4 (S.D.N.Y. Aug. 21, 2000) (same); Hueston v. Hueston, No. 98-1126, 1998 WL 903635, at *2 (N.D.N.Y. Dec. 23, 1998) (same). As in Simula, the statements at issue in the action sub judice relate to a promotional radio advertisement that prompted Oyler to enter into the disputed contract. (See Doc. 1, Ex. D.) Because the radio communication underlying Oyler's Lanham Act claim led directly to the formation of the contract between the parties, the court cannot say with "positive assurance" that Oyler's Lanham Act claim falls outside of the contract's binding arbitration provision. Accordingly, the court finds that the instant litigation is properly characterized as a "claim or dispute . . . arising from or relating in any way" to the contract between the parties.
IV. Conclusion
The parties to the instant action entered into a valid, written agreement to arbitrate. Because Oyler has failed to prove that his Lanham Act claim falls outside the scope of the arbitration provision, Oyler must participate in arbitration as mandated by his agreement with FIRE.
An appropriate order will issue.
CHRISTOPHER C. CONNER United States District Judge
AND NOW, this 30th day of January, 2008, upon consideration of the motion to compel arbitration (Doc. 6), and for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that:
1. The motion to compel arbitration (Doc. 6) is GRANTED.
2. Plaintiff's claims shall beREFERRED to arbitration in accordance with the parties' contract for services.
3. The above-captioned case is STAYED pending completion of arbitration pursuant to 9 U.S.C. § 3.
4. The parties shall jointly file with the court a notice of the status of the arbitration proceedings within ninety (90) days of the date of this order.
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Loan trading heavyweight leaves Morgan Stanley
Robert Lepone, one of the best-known figures in the European loan market, has resigned from Morgan Stanley, having been a key driver in the development of a new market in the insurance of corporate loans.
Lepone was most recently head of European distressed and high-yield credit trading at the bank, but has been involved in loan and high yield trading since joining in 2002 as head of par loan trading.
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Before joining Morgan Stanley Lepone was a member of the high-yield capital markets and loan syndication team at TD Securities in London. He moved to London from Toronto in 1997, where he worked with KPMG.
Lepone was reported by Bloomberg as saying that he plans to "pursue other interests in the credit markets".
A replacement has yet to be announced by Morgan Stanley, although the US bank is expected to appoint one.
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Sausage Cheese Balls
Total Time
Prep 15 mins
Cook 25 mins
These are great as an appetizer! Someone brought these to a pot luck and everyone couldn't get over how good they were! You can serve them with chili or BBQ sauce or they are just as delicious plain.
Ingredients Nutrition
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Selling a house in a revocable trust isn't complicated. If you've set up a trust and appointed yourself as trustee, you can manage the real estate just as if the title were still in your name. If you're incapacitated and your successor trustee steps in to manage your assets, she can do the same. Most elements of the sale -- negotiating a price, getting a home inspection, attending the closing -- are no different from when you sell property as yourself, rather than as a trustee.
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Sign the deed transferring ownership to the grantee. You do this at the closing, where you sign as, for example, Jane Smith, trustee of the Jane Smith Trust. If you and your spouse have a joint revocable trust, the bank will want both of you to sign. Even if you have the authority to sell the house, the bank will want the security of two signatures.
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Listing Courtesy of Vicki Simoni of Preferred Group Realtors
Listing information
- Stories: 0
- Lot Area: 15.91
- High School: Knox
- School District: Knox Community School Corp.
- Style: Land (Residential)
- New Construction: No
- Lot Size: IRREG
- Middle School: Knox
- Status: Active
- Foreclosure: No
- Estimated Annual Taxes: $1,580
- Elementary School: Knox
Auction Y/N No
Can Property Be Divided? Yes
Curb Y/N No
Easements No
ELECTRICITY TYPE Available
FENCE None
FUEL TYPE Gas, None
Leased Acres Y/N No
LOCATION City
OPTIONS Will Divide
Other Approx. Lot Size SqFt - 693040
PARCEL DESCRIPTION 15+, Corner, Partially Wooded, Undeveloped
PARKING None
Planned Unit Dev. Y/N No
Property SubType Residential Land
Rail Siding Y/N No
REO Y/N No
RESTRICTIONS Restrictions
Road Access State
Road Frontage State
Road Surface Paved
SEWER TYPE City
Structure/Bldg Imprvmnts No
TYPE USE Commercial, Multi-Family, Office, Recreational
WATER UTILITY Available, City
Waterfront Y/N No
Listing Courtesy of Vicki Simoni of Preferred Group Realtors


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I throw the magazine away but I like to read the insider content. Enough to pay $1 a year anyway.
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Homes Around the World
Young scholars study houses and homes from around the world and make a map collage.
3rd - 5th Social Studies & History 3 Views 1 Download
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Arthur's World Neighborhood: Bibliography for Kids
Support young learners as they expand their cultural awareness with this list of children's literature on countries from around the globe. Including both fictional and non-fictional texts. This resource will help students across the...
1st - 5th Social Studies & History CCSS: Adaptable
Mapping the Americas
Celebrate the geography of the Americas and develop map skills through a series of activities focused on the Western Hemisphere. Learners study everything from earthquakes and volcanoes of the Americas and the relationship between...
3rd - 6th Social Studies & History CCSS: Adaptable
Reading Maps: Locating the Countries We Have Been Reading About
Show your class how to read a map and decipher all of the markings and features. Start out by connecting maps to their homework from the night before and their current reading, in this case That Book Woman, and a related informational...
3rd English Language Arts CCSS: Designed
Reading the World: Latitude and Longitude Lesson latitude and longitude, maps, coordinates on a map, prime meridian, reading maps, equator, globes
Find five activities all about longitude and latitude! Use oranges to show the equator and prime meridian, plot birthdays on a map using coordinates, and plan a dream vacation.
4 mins 4th - 8th Social Studies & History CCSS: Designed
Mapping Skills
Spark interest and enhance your pupils' map skills using Matteo Pericoli's book, See the City: the Journey of Manhattan Unfurled. Through Pericoli's illustrations and text, learners explore the East and West side of Manhattan. Then,...
2nd - 5th Social Studies & History CCSS: Adaptable
World War Two Causes
If you're searching for a range of activities and worksheets on the subject of the onset of World War II, then this is the booklet for you. Featured topics include the signing of the Treaty of Versailles, Hitler's rise to power, the...
5th - 10th English Language Arts CCSS: Adaptable
Should We Eat Bugs?
Cricket cookies? Mealworm mac and cheese? Bugs are super nutritious! Why don't we eat them? Hear the history of entomophagy, that is, the practice of eating insects and spiders, by viewing this video. It is a fascinating exploration of...
5 mins 5th - 10th Science CCSS: Adaptable
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The World's Greatest Music
Email the show or Text 61812
We're at Classic FM Live all day, armed with our smartphones, to bring you a few behind the scenes photos - through the magic of an Instagram filter.
Picture 13 of 13
Striking in black and white, pianist Ji Liu prepares for his performance of Gershwin this evening.
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USS Boone (Constitution class)
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- For other uses, see Boone.
The USS Boone was a Constitution-class Federation starship in service during the late 23rd century.
This ship was used in the elite Klingon Command Academy bridge crew training simulations for the Class of 2290. As such, she was encountered in the MacArthur star system in a simulated mission, in company with the USS Iceland, USS Tasmania, USS Republic and USS Somers. (TOS video game: Klingon Academy)


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If you are interested in this or any of our other available animals, please check out our website at www.Mustang-Spirit.org
Molly is a cute curious mare, we believe she is a Mustang or Mustang cross, but are not sure as she came to us from the Fallon Feedlot where she was awaiting being shipped to slaughter.
Molly is now about 7yrs old now and stands about 14.2hh. She has been used mostly as a trail horse for the past 2 1/2 years.
She was shown in halter classes when she coming 3 years old. She is being ridden w/t/c in the arena and out on trail alone or in a group. She will also do obstacles and is very willing to please.
We are looking for an intermediate level rider only because she is still young and needs someone to make sure she continues in the right direction.
She is a bay/white pinto, she has 4 white socks, a ring around her tail (about a 1/3rd of the way down) and a streak in her mane (like Frankenstein bride) and has has a few spots on her rump.
Molly will be returned to Pinon Hills, CA
Molly's adoption fee is $3000
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NOTE: Some shelters have physical locations you can visit; some of these shelters may only have pets for a limited time, so please do not wait for a reply—just go visit the shelter! Other organizations are rescue groups run by busy volunteers who may take a while to reply. You can find information about the shelter or rescue group caring for this pet, and their adoption procedures, on the pet's details page on Adopt-a-Pet.com.


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You have searched for Gujral
in the news | LAST UPDATED : 9 Sep 2016, 19:12 IST
- Parkway Pantai appoints Gujral as COO of Global Hospitals
HYDERABAD: Healthcare major Parkway Pantai, which is one of Asia's major private healthcare groups, has appointed Dr Jagprag Singh Gujral as chief operating officer (COO) for its network of eight Global Hospitals in India. Gujral will be based out of Parkway Pantai's corporate headquarters in Hyderabad. "As Parkway Pantai continues to grow and strengthen its India operations, the company needs to build leadership bench strength and a deep talent pool to ensure future success. The role of the COO in Global Hospitals, Parkway Pantai's largest India healthcare network, is crucial in ensuring the smooth day-to-day running of the company's hospitals and superior patient experience," said Ramesh Krishnan, CEO, India operations division, Parkway Pantai. Gujral has more than 18 years of experience in the healthcare sector and prior to this appointment, he was the executive director of investment banking at AnandRathi Advisors. Global Hospitals is one of the fastest growing chains of multi super-specialty hospitals in India with over 2,000 beds. It has hospitals in Hyderabad, Chennai, Bangalore and Mumbai. Parkway Pantai has a 74% stake in Global Hospitals.
- Ex-PM Gujral was first to seek probe into Gumnami Baba's identity
LUCKNOW: Almost 50 years after India gained its independence from the British, the Prime Minister's Office probably for the first time in 1997 took cognizance of Gumnami Baba (believed by a section of the society to be Netaji Subhash Chandra Bose), and directed the Uttar Pradesh government to constitute an "urgent high-level" probe to ascertain the identity of Gumnami Baba. However, the prevailing political turmoil at that time and the change of government in Uttar Pradesh scuttled the process before it started. This was revealed after the 6th batch of Netaji Files were made public on July 29. The attention of the PMO was drawn by a letter sent by Shakti Singh, the chairman of Faizabad-based Subhash Chandra Bose Rashtriya Vichar Manch. In his letter written to the then Prime Minister Indra Kumar Gujral on July 28, 1997, Shakti Singh drew the attention of the PM and his office to initiate a probe to ascertain the real identity of Gumnami Baba, who died in September 1985 in Faizabad's Ram Bhawan – the residence of Shakti Singh and his family. Recalling the contents of the letter, which he had sent to the Prime Minister's Office almost 20 years age, Shakti Singh, said, "The main purpose of writing the letter to the PMO in 1997 was to find the actual identity of Gumnami Baba, who stayed in Ram Bhawan from 1983 till his death in September 1985." He further stated that it was for the first time that the attention of the PMO was drawn to resolve the Gumnami mystery. Attention of the then-PM was also drawn towards the fact that all the belongings of Gumnami Baba must be preserved and should be kept in safe custody, else they may get destroyed, Singh said. "With the country celebrating centenary birth anniversary celebrations of Netaji Subhash Chandra Bose and golden jubilee of independence in 1997, I was confident that the government would act on my request, and I would not have to move the court in this regard," Singh said, and added that he later wrote letters to former Prime Minister Atal Bihari Vajpayee as well to draw his attention on the same matter. Responding to Shakti Singh's letter, the Union Home Ministry on behest of the Prime Minister's Office, wrote to the then Home Secretary of UP, directing him to take cognizance of the letter sent by Shakti Singh, and initiate an "urgent" probe in this case. He was also instructed to report on the matter directly to the PMO, and to also inform Singh about the steps taken in this regard. "However, despite the correspondence with the Prime Minister's Office, nothing tangible happened till the formation of the Justice Mukherjee Commission of Inquiry by the NDA government," Shakti Singh said. He further added that during the period when he wrote the first letter to the PMO, and when he got the reply from the PMO, there was a change of governments in the state (from Mayawati to Kalyan Singh), which probably nixed the ordered inquiry process. The sixth batch of 25 files relating to Netaji Subhash Chandra Bose was released online by Union culture secretary NK Sinha on July 29. The files are from 1952 to 2014 and all are related to the Ministry of External Affairs. Earlier, the fifth batch of 25 declassified files relating to Netaji Subhash Chandra Bose was released online on June 29 this year. Lucknow-based Netaji researcher Adheer Som said that there is some uncertainty as to the initial release date of the file containing aforementioned correspondence, as there are two files listed on the netajipapers.gov.in website with the same content description, but only one has these letters and the contents as described. "The file in question came to notice on July 29, in the latest lot. However, it is now showing up as part of the very first lot, released on January 23, 2016. It is likely a technical glitch, but it is also possible that the file just slipped under the radar," he said. The MHA's missive directing the Home Secretary, UP, to conduct urgent inquiry into the Gumanmi Baba matter, is dated September 16, 1997, when Mayawati was the Chief Minister, and the principal secretary (Home) was Harish Chandra Gupt. However, on September 21, within 5 days of the letter being sent, Kalyan Singh took over as CM and Rajeev Ratna Shah became the new principal secretary (Home). "It was to take almost 20 more years and a High Court order before the Sahai Commission of inquiry was finally set up on the long-festering matter by Uttar Pradesh Chief Minister Akhilesh Yadav, on June 28, 2016. This commission is currently awaiting allocation of an office and staff to start functioning," Adheer said.
- VVIP chopper deal: CBI questions former deputy Air chief JS Gujral
CBI on Saturday examined former deputy chief of Indian Air Force JS Gujral in connection with alleged irregularities in the Rs 3,600 crore VVIP chopper deal. He was one of the many senior officials who were part of the meeting in 2005 when a decision to alter the required specifications was taken.
- AgustaWestland chopper scam: CBI to question former deputy Air chief JS Gujral today
NEW DELHI: The CBI will question former Indian Air Force (IAF) officer, Air Marshal J.S. Gujral (retd.) on Saturday in connection with the VVIP AgustaWestland helicopter deal, sources said. Sources said that Gujral, who has earlier been examined as a witness in the case, has been asked by the agency to come for questioning in the case. Gujral had retired as deputy chief of air staff, where he was in charge of procurements. The Central Bureau of Investigation managed to get the complete tranche of records, received from Italy, translated into English. Sources said the records were being analysed by sleuths who would decide on the charges to be pressed against the accused named in the FIR, including former IAF chief, Air Chief Marshal S.P. Tyagi (retd.), and his three cousins. Sources said that Tyagi has also been asked by CBI to appear at its headquarters in Delhi for questioning on Monday. The CBI had named 13 individuals in the FIR, including Tyagi and European middlemen Carlo Gerosa, Christian Michel and Guido Haschke, in connection with the alleged bribery. Italian agencies had arrested the then CEO of AgustaWestland, Giuseppe Orsi, for alleged bribes given to Indian middlemen to clinch the deal. The supply of 12 VVIP helicopters from AgustaWestland had come under scanner after Italian authorities alleged that bribes were paid by the company to clinch the Rs. 3,600 crore deal. The Italian prosecutor who carried out the preliminary inquiry alleged that the CEO of Finmeccanica, the parent company of the Britain-based AgustaWestland, had used services of middlemen to bribe Indian officials. The probe agency has alleged that during his tenure as IAF chief, Tyagi and, "with his approval", Air Force "conceded to reduce the service ceiling for VVIP helicopters.
- Akash Gujral
With deep sorrow we inform the untimely passing away of our beloved Akash Gujral (Bobby) son of Neelam and Ved GujralAkash Gujral(25-05-1973 to 15-01-2016)The generosity of his spirit, the strength of his faith and the dignity of his journey will always give immense hope to those whose lives he ever touched.Antim Ardas (Chautha & Uthala) is being held on Monday, 18th January 2016 from 3pm to 4pm at the C-604, Gurudwara, Defence Colony, New DelhiIn Grief:Neelam & Ved GujralSmt. Raj Kumari Nanda( Bua ji )Shanta & Y.P Jolly Pooja & Vimal Gujral Ruchika & Abhinav GujralSmt. Krishna KalraManmohan KalraIndu & Prem KalraAsha & Kishan KapurSita JollyAruna & Rajesh Chanana
- Vimla Vijaya Gujral
November 15th, 1925 to December 27th, 2015 Ma/ Nani departed from this world as she lived...with strength and dignity.A PRAYER MEETINGWednesday 30th December 2015, Between 5-6pmKushla Sahgal, Kirti Parashar, Anup Jalota, Eeda & Vikram ChopraTarika, Arjun & Shivani, Anika, Vidur, Mahi, AryaamanChinmaya Mission, Lodhi Road, New DelhiJahaan, Jiya, Nirvaan, Jaisal, Inayat


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Supermarkets stepped up their use of shared transaction fee programs with the rental release of "Father of the Bride II." The family-themed title, released last month, came out at a time when many retailers were being added to the ranks of those testing or rolling out the shared-revenue systems. Among them were Dierbergs Markets, Chesterfield, Mo.; Martin's Super Markets, South Bend, Ind.; Copps Corp., Stevens Point, Wis., and K-VA-T Food Stores, Grundy, Va. Deep discount drug chain Phar-Mor, Youngstown, Ohio, also rolled out shared-revenue in June, said distribution sources. For most of these retailers, this meant significantly increased depth of copy and heavier promotional activity. For some, it also was a chance to try guaranteeing the availability of the title, where the retailer offers a free rental if the movie is not in stock. These promotions typically run for several weeks following street date. " 'Father of the Bride II' was a very solid title and we were able to carry larger quantities than we would have in the past because it was a SuperComm title," said Tammy DeCloedt, video merchandising associate at Martin's Super Markets, South Bend, Ind. June was Martin's first month using SuperComm, and "Bride II" was the first major title with the program. "At this point, it looks like it serves its purpose. We wanted depth-of-copy and we're not paying a small fortune for it," DeCloedt said. Martin's might try a guaranteed availability promotion once it gets more experience with the shared-revenue system, she said. A guaranteed availability program on "Father of the Bride II" is meeting expectations, said Jamie Molitor, director of video operations at Dierbergs Markets. "But I had very high expectations. So far it's doing real well," she said. This was Dierbergs' first title with the SuperComm program, which the retailer is testing, she noted. With it, she is hoping to attract new customers and video members. "I'm certainly satisfying more customers with new releases," she said. In one store, the chain has 120 copies of the title, she said. K-VA-T tested shared-revenue in the past and discontinued it because its point-of-sale system was not sophisticated enough to adequately track transactions electronically. With a recently updated POS system, the retailer added SuperComm to all its video rental departments last month. "We brought in three times as many copies per store as we would if we bought it through regular distribution," said Brenda Vanover, video coordinator and buyer. K-VA-T plans to try guaranteed availability once its schedule of store openings slows down, she said. Promotion for "Bride II" included in-store ceiling danglers and radio ads, she said. With shared-revenue, "we hope to increase our revenue and have the movies available for our customers so they don't have to go somewhere else to get them," said Vanover. Nash Finch Co., Minneapolis, which rolled out the SuperComm program to all 38 of its corporate stores with video rental departments last fall, continued its monthly guaranteed availability promotions with "Bride II," said Clifford Feiock, video coordinator. "We've got 40 to 50 copies in a lot of the stores and it is renting like crazy," he said. Giving away an occasional free rental is a small price to pay for the promotional benefits of the program, he said. "On the weekends, we may run out of product in a few stores and have to give away a few free rentals, but that is OK. The program has been very positive," he said. "We are starting to gain our customers' faith that we will have the extra copies on the weekend when they want to watch them. That's what it is all about," he said. Feiock is expecting a big rental month in July when Nash Finch will guarantee availability on "Mr. Holland's Opus" and also have titles like "Broken Arrow" to rent. The majority of chains contacted by SN got "Father of the Bride II" from SuperComm, Dallas, while one -- Harps Food Stores, Springdale, Ark. -- used Rentrak Corp., Portland, Ore. SuperComm and Rentrak are the only two suppliers offering hit videos to supermarkets on a shared transaction fee basis. Harps ran a guaranteed availability promotion on "Bride II," as well, said Randy Weddington, video specialist. "I was very pleased with the results," he said. "In most of our locations, no one else is doing guaranteed availability, so it is a way to distinguish ourselves. Even where other people are doing it, it is still about the only effective tool we have to combat them," he said. As a result of using the Rentrak system, Harps rental inventory is expanding and Weddington has been looking for new fixtures that will hold more tapes. "The increase in business that Rentrak is bringing about justifies putting more tapes in. Rentrak has been a big shot in the arm for us," he said. In stores where Harps has been using Rentrak for a while, "our volume is up 35% to 40% over what it was," said Weddington. With the shared transaction fee programs, retailers pay a fee of $10 or less to acquire a tape, and then share the revenues about 50-50 with the supplier. Otherwise retailers pay about $60 to $70 for a new release tape they would own. Transactions are tracked by the video point-of-sale system. Most retailers take advantage of this pricing structure to bring in much greater depth of copy on the hits and more breadth on B titles. Among the other companies known to be using these programs are Coborn's, Dillon's, Fleming, Haggen, King Soopers, several Kroger divisions, Marsh, Pathmark, Price Chopper, Randalls and Safeway. " 'Father of the Bride II' was just the right title at the right time" for many of these retailers, said Des Walsh, vice president and general manager at SuperComm. SuperComm is a subsidiary of Walt Disney Co., Burbank, Calif. "Bride II" was released June 11 by Buena Vista Home Video, Burbank, another Disney subsidiary. "Bride II" will be followed by "Mr. Holland's Opus" in July and "White Squall" in August. "These titles, the summer rental period and guaranteed availability add up to a powerful combination that seems to be creating a surge behind the concept of guaranteed availability," said Walsh. "Guaranteeing the availability of selected titles is an exceptionally powerful promotional message that is being aggressively used by many retailers to attract inactive members. The result is a new excitement about the concept of video rental," he said.
Supermarkets stepped up their use of shared transaction fee programs with the rental release of "Father of the Bride II." The family-themed title, released last month, came out at a time when many retailers were being added to the ranks of those testing or rolling out the shared-revenue systems. Among them were Dierbergs Markets, Chesterfield, Mo.; Martin's Super Markets, South Bend, Ind.; Copps Corp.,