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Letters presenting a special form of writing
Trademark: 'AutoQC'
On 11. 2. 1997 the community trademark application no. 000474494 was filed for AutoQC (Figurative mark) by Roche Diagnostics GmbH before the OAMI.The goods and services in respect of which registration of the trademark was sought are in class 10. The current status of the trademark is registered.
Status is 'Registered'
This trademark is still registered but will expire on 11. 2. 2017, if no renewal is requested by the owner.
|22. 10. 1998
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DeLOCK 61968. Video port type: VGA, Connector(s): USB-A. Supported graphics resolutions: 1024 x 768 (XGA), 1280 x 768 (WXGA), 2048 x 1536 (QXGA), 640 x 480 (VGA), 800 x 600 (SVGA), Maximum resolution: 2048 x 1536 pixels, Bandwidth: 450 MHz. Colour of product: Black
This Delock VGA data splitter can be used to split the video signal from video output of your PC or notebook. Thus you can connect two monitors to one VGA port. Power will be supplied through the USB port without blocking the USB port due to the male – female solution.

subset: commoncrawl


text:
Excerpt from smnweekly.com
By David M. DeMar
New radio telescope data from the National Radio Astronomy Observatory has revealed for the first time ever just what Venus has under its thick veil of clouds that otherwise occlude its surface from view.
25 million miles distant from us, Venus looks to the naked eye – or through a light telescope – much like a cloudy marble, thanks to the thick cloudbanks of carbon dioxide ringing the planet. However, the surface underneath, long a mystery to planetary scientists, has been laid bare thanks to the work of Puerto Rico's Arecibo Observatory radio transmitter and the Green Bank Telescope, a radio telescope located in West Virginia and operated by the National Science Foundation.
The two facilities worked together with the NRAO in order to uncover the hidden surface of Mars. Arecibo sent radar signals to Venus, where they penetrated the thick atmosphere and bounced off the ground. The returning radio signals were picked up by the GBT in West Virginia in a process known as bistatic radar; the result is a radar image that shows craters and mountains strewn across the surface of Venus at a surprisingly high resolution.
The image is bisected by a dark line, representing areas where it's particularly difficult to receive useful image data through the use of bistatic radar. However, scientists are intending to compare multiple images as time goes by in order to identify any active geologic processes on the surface of Venus such as volcanic activity.
It's no particularly easy task to compare radar images in search of evidence of any change in this manner says Smithsonian senior scientist Bruce Campbell, but the work will continue. Campbell, who works at the National Air and Space Museum in the nation's capital and is associated with the center for Earth and Planetary Studies, added that combining images from the latest NRAO endeavor and others will yield large amounts of data on how the surface of Venus might be altered by other processes.
The radar data, and a scientific paper based on it, will be published in April in Icarus, the scientific journal dedicated to studies of the solar system.


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Congrats to Sasha Ensslin, '12, a newly minted Associate at Finkelstein & Partners, a New York-based personal injury law firm.
See www.lawampm.com.
From the firm's website: Sasha Ensslin, received her law
degree from the University of the District of Columbia in Washington, DC and
her undergraduate degree in Political Science from Boston University. She has
an interest in animal rights and will be located at the firm's Albany office.
_ _ _________________________________________________ _ _
The University of the District of Columbia David A. Clarke School of Law,www.law.udc.edu, is among the nation's most racially, ethnically, class and age-diverse law schools. Its minimum of 740 hours of clinical public interest legal service - a sum exceeded by most of its students - is clear evidence that the UDC David A. Clarke School of Law is America's preeminent public interest law school.
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The Chicago-based technology company more than doubled its headcount and tripled its office space after securing its first round of outside funding in September.
The United States exported higher amounts of beef and pork in terms of volumes and value in October compared to a year prior, but lamb exports were on the decline.
The group sent a letter to the President-elect, praising his recognition of the need for infrastructure investment and making suggestions on how to improve the economic competitiveness of the nation's multimodal freight network.
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The Massachusetts Port Authority said the Conley Terminal will be upgraded with an additional berth and three new cranes, while the Boston Harbor will be dredged to accommodate 12,000-TEU vessels.
Japan's three largest ocean carriers said Monday in Tokyo they will merge their container operations in mid-2017 to form what would be the sixth largest line, continuing a recent trend of industry consolidation.
Under the reorganization plan, most of International Shipholding Corp. (ISH) would be acquired by SEACOR, and ISH also plans to sell a business that includes operations in Southeast Asia to a company affiliated with its current CEO, Erik L. Johnsen.


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Villa in Reynes, Ceret, Pyrenees Orientales, Languedoc Roussillon - Peaceful Location, Five Minutes' Drive To Market Town And Restaurants
The villa is sunny with many large windows. Each bedroom has patio doors opening on to views across the valley. Private pool, woods and garden with 'help yourself' vegetable patch. Terrace with barbecue. The valley has an organic farm and a small river for paddling. The well-appointed town of Céret has always been a favourite for artists, in particular Picasso, is only five minutes away with museums, market, shops, bars and restaurants. The coast is a further 30 minutes away with a choice between quiet rocky inlets and coastline walks or long, sandy beaches. The stunning fishing village of Collioure is only 40 minutes away and boasts the beginnings of Fauvism or you can go to the next village along, the working port of Port Vendres with its daily fish market. Perpignan (45mins) and Girona (1hr) are the nearest airports, but Barcelona is only 2hrs away. Wi-fi access and children's toys available.
About the Owner
Francisco, Isabelle and their 3 children have lived in Reynès for 16 years. They discovered this little corner of paradise and decided to build their dream house and settle here.
They are both French of Portuguese origin. So whilst they are in Portugal in the summer visiting family, they rent their family house out.
Guestbook comments from the manager
"Your house is a little paradise, we really enjoyed ourselves. What a shame we only had one week."
"You live in a beautiful part of the world."
"The villa was very comfortable and private with your lovely garden. Our children would love to return."
0 Reviews
From the Owner
"The beauty of the surrounding countryside and the proximity of a well-appointed, traditional market town. The area offers a very high quality of living."
Activity and Interests
There is a beautiful coastline within a short drive of the property. The long golden beaches around Argeles are around 30 mins drive away whereas the beautiful fishing village of Collioure and its rocky coast are only 40mins away.
Perpignan 45 mins. Gerona 1hr. Carcassonne 1h15.
Toulouse 2 hours. Barcelona 2 hours
The local village of Reynes is less than a mile away. The market town of Ceret with loads to do and see is 2 miles away. Perpignan is half an hour's drive away. Spain is about 20 mins away in the car, with Barcelona about 2 hours.
Further Details:
You can take a short walk to Reynes village either along a quiet lane or over a small river and track, past a small farm with goats, donkeys, chickens etc. Further along the valley is an organic farm that sells produce on Fridays. In Reynes there is a bakery, pharmacy, post office, farm produce stand, an outdoor arena near the river holding festivals with dancing and 3 restaurants, all less than a mile away. Ceret (2 miles), has all the commerces you may need, an excellent modern art museum, galleries, Saturday morning market and regular festivals and events in the summer months. The wildlife is wonderful and the scenery is stunning; mountain walks can be done from the doorstep with views from the peaks over France and Spain. There are many wonderful places to visit, from thermal spa towns to Cathar castles, safari park, water slide parks, butterfly sanctuary and vineyards. Outdoor activities include boating, kayaking, fishing, diving, via ferrate, gorges...
Rental rates
|Rental Period
|Minimum Price
|Additional Nights
|Weekend Night
|Event Price
1 Jul 2017 - 2 Sep 2017
Changeover Day: Saturday
7 night minimum stay
for 7 nights
My Standard Rate
Changeover Day: Saturday
7 night minimum stay
for 7 nights
Additional pricing information
|Pet Fee
Booking Notes:
Booking are taken by telephone or e-mail, payment in euros. Deposit of 30% payable at time of booking, balance 8 weeks before arrival. Refundable security deposit of 30% payable.
Changeover Day:
Arrival day and time is Saturday at 5pm and departure Saturday at 10am.
Notes on prices:
Prices are for the property per week in GBP.
Manager's Cancellation Policy
- 12
- Available arrival
- 12
- Available
- 12
- Unavailable
From the Owner
"The house is a lovingly furnished and equipped family home. It's a home away from home with an idyllic location and almost guaranteed sunshine. Isabelle has tried to think of everything leaving toys, DVD's, books at their guests' disposal."
Property Type
- villa
- Internet
- Iron & Board
- Living Room ...
- Telephone
- Washing Machine
- Dishwasher
- Freezer
- Kitchen ...
- Microwave
- Oven
- Refrigerator
- Hob
- Dining Area
- Satellite / Cable
- Television
Pool / Spa
- Private Pool
Location Type
- mountain
- rural
- village
- churches
- cinemas
- forests
- library
- museums
- restaurants
Leisure Activities
- horse riding
- walking
Local Services & Businesses
- ATM/bank
- fitness centre
- groceries
- medical services
Sports & Adventure Activities
- cycling
- golf
- hiking
- mountain biking
- paragliding
- swimming
- tennis
Floor Area
- 110 m²
- Bathroom 1 - Toilet, Bath (no shower), Shower Enclosure, Bidet
- Toilet 1 - Toilet
- A brand new beautiful bathroom with jacuzzi bath and shower. Separate WC.
- 3 Bedrooms, Sleeps 6
- Bedroom 1 - 1 Cot
- Bedroom 2
- Bedroom 3
- Description of sleeping capacity: Sleeps 4/6 (3 Bedrooms) Notes on bedrooms: Bedroom 1 with one double bed. Bedroom 2 with one double bed. Bedroom 3 with a two single beds.
- Golf ...
- Barbecue
- Ski & Snowboard ...
- Self-catering
- Notes on accommodation: The villa is sunny and spacious with many large windows. Each bedroom has patio doors opening on to the views across the valley. The lounge/dining/kitchen area has three French windows opening on to the patio. Indoor and outside dining/barbecue areas both seat at least 6. White marble flooring throughout. Outside: The house has a private garden, accessible from the lounge, following on to the woods. These views merge into secluded forests in the hills above the house. The garden includes a vegetable patch to which you are welcome to help yourself, a terraced area, with all facilities and furniture for sitting or eating outside, ideal for eating outside or simply enjoying the views, air and tranquillity. The pool is 7x4m by by 1.60m deep with a selection of garden furniture you can laze in the sun between dips in the pool. Utility Room: Washing machine and iron. Cleaning / Towels / Linen / Maid service: Towels and linen provided. The property is cleaned at the beginning and at the end of your stay. More often if you require.


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December 21, 1984
PENTHOUSE INTERNATIONAL, LTD., Plaintiff, against EDWARD KOCH, THE CITY OF NEW YORK, METROPOLITAN TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY and NEW YORK SUBWAYS ADVERTISING CO., INC., Defendants.
HAIGHT, District Judge:
This case is before the Court on cross-motions for summary judgment. Plaintiff, Penthouse International Ltd. ("Penthouse"), moves for partial summary judgment against three of the named defendants - New York City Subways Advertising Co., Inc. ("Subways"), New York City Transit Authority ("NYCTA") and Metropolitan Transit Authority ("MTA") - on the ground that defendants' removal of and refusal to display a Penthouse advertising poster in the New York City subway system violated its First and Fourteenth Amendment rights of free speech and equal protection. Penthouse further alleges that due to the tortious interference of MTA and NYCTA, Subways wrongfully breached its advertising contract with Penthouse. Plaintiff seeks a declaratory judgment and monetary damages for defendants' alleged wrongdoings.
The three defendants cross-move for judgment in their own favor on all claims on the ground that they rightfully prohibited display of the poster, which they term "offensive."
All parties agree that there are no disputed issues of material fact and that this action is ripe for disposition by partial summary judgment on the issue of liability.
MTA is a public benefit corporation, created by the Metropolitan Transportation Authority Act, N.Y. Pub. Auth. Law § 1260 et. seq. (McKinney's 1982), which controls and regulates New York metropolitan area mass transportation systems. NYCTA, another public benefit corporation, N.Y. Pub. Auth. Law § 1200 et. seq. (McKinney's 1982), is responsible for operation of the New York City rapid transit or subway system. In 1959, the NYCTA was given statutory authority to place advertisements on subway system property, or to "rent, have or otherwise sell the right to do so to any person, private or public," N.Y. Pub. Auth. Law § 1204, subd. 13-a. Pursuant to that authority, NYCTA entered into a contract with Subways, a private New York corporation, by which Subways agreed to act as NYCTA's agent in leasing advertising space in the subway system. The agreement contains a provision
permitting NYCTA to prohibit acceptance or demand removal by Subways of any advertisement deemed by NYCTA to be "offensive to good taste" or "objectionable to the Authority."
In exercise of the authority granted to it by that agreement, Subways entered into a contract dated November 21, 1983 with Tilley & Marlieb Advertising, Inc. on behalf of Penthouse, for the display of posters advertising Penthouse magazine in the New York City subway system. Subways agreed to install up to 500 "one sheet station posters" for Penthouse for purposes of subway and bus shelter advertisements. The contract ran for a term of twelve months beginning on January 12, 1984, at a cost of $8,917.00 per month. Consistent with its contractual obligation to NYCTA, Subways' standard form lease contract with its own customers, including Penthouse, provides at Section 2E:
"All copy and design shall be subject to rejection or removal at any time if it is deemed offensive to good taste or is unsatisfactory to the New York City Transit Authority."
Penthouse is a monthly publication whose advertising strategy reflects the cyclical and short-lived nature of the product. Its poster advertisements are usually created from the cover of the next monthly issue to go on sale and its advertising campaign is scheduled to coincide with the appearance of the issue on newstands. Numerous poster advertisements for Penthouse have been accepted and displayed by Subways, although some have been modified by Penthouse, at Subways' request, to "reduce nudity."
On April 12, 1984, Penthouse
submitted a proof to Subways Advertising of a poster advertising the magazine's June issue. The poster featured a caricature of Walter Mondale by political cartoonist Uri Hofmekler. The figure, wearing a medallion labeled "ERA Yes" around his neck, was portrayed as an almost nude male "stripper", with female hands reaching up toward his unclothed thighs.
Because the poster had a sexual content, the proposed ad copy was reviewed by Marvin Schwartz, President of Subways.
Schwartz agreed to accept the proposed poster if a black banner or "snipe" were added covering the figure's midsection from abdomen to thigh.
Once Tilley & Marlieb had obtained the approval of Subways for the modified version of the poster, Penthouse ordered additional copies of the advertisement and delivered them to Subways for posting. On Thursday, May 10, 1984, employees of Subways began installing the posters, and continued installing them on Friday, May 11, 1984. By 6:30 p.m., approximately 20 to 30% of the posters had been mounted.
At that point, Robert Kiley, Chairman of the MTA, learned that the poster was being installed and displayed in the subway system. After determining that the poster was "offensive to good taste" and "objectionable", he ordered the removal of all posters already installed and prohibited further installation of the poster, pursuant to the NYCTA-Subways agreement.
Kiley's order was relayed to Schwartz that evening by Larry Levine, an MTA employee. By Monday, May 14, 1984, all of the Penthouse posters had been removed.
The next day, Penthouse filed suit in New York state court against the same defendants as in this action, seeking damages and an injunction directing defendant to replace all of the posters that had been removed and enjoining defendants from removing them again.
Plaintiff's motion for a preliminary injunction was denied by Justice Maresca on May 21, 1984 and the denial was affirmed without opinion by the Appellate Division, First Department, on June 28, l984.
On July 3, 1984, Penthouse filed this action in federal court and simultaneously sought to voluntarily discontinue the state court action by serving a notice of discontinuance on defendants. The discontinuance, however, was ineffective because it was served and filed more than twenty days after the service of Penthouse's complaint. New York C.P.L.R. 3217(a)(1). As a result, the state action is still pending.
Defendants, MTA, NYCTA and Subways, have moved this Court for a stay of further proceedings in this action pending final resolution of the state court action. They argue that because the state action is a prior pending action on the same claims between the same parties,
this Court should exercise its discretion to stay all proceedings before it until the previous action is properly terminated. Defendants accuse plaintiff of forum shopping in hopes of finding a more sympathetic ear to its claims in federal court. They argue that such forum shopping should not be permitted unles the state court action is discontinued in accordance with the requirements of N.Y.C.P.L.R. 3217, which may require payment to defendants of their costs and expenses of defending the state court action. Mandelbaum v. L.N. Magazine Distrib., Inc., 28 A.D.2d 680, 280 N.Y.S. 2d 753 (2d Dep't 1967). Defendants candidly acknowledge that they have no real desire to stay in the New York state courts. They ask this Court to hold the case before it hostage in order to coerce plaintiff into properly discontinuing the state action and perhaps thereby to give defendants the financial satisfaction they seek. This I decline to do.
Defendants' counsel conceded at oral argument that he could initiate a request on his own in state court, after passage of time, to have the action dismissed there for want of prosecution. However, he said he knew of no provision by which he could then apply for the expenses for which he seeks reimbursement. He suggested that his clients can get financial satisfaction only if this Court requires plaintiff to first discontinue this action in accordance with N.Y.C.P.L.R. 3217, as a condition of pursuing its claim here.
It is not the province of this Court to manipulate its own exercise of jurisdiction in an attempt to set in motion the state court's procedural mechanisms for defendants' benefit. Surely defendants can directly initiate whatever application is appropriate in the state court in order to bring their grievance before that court.
A stay by this Court, postponing resolution of the motions ripe for adjudication before it, would be improper in light of the central importance of plaintiff's constitutional claims in this litigation. Federal courts have the primary duty to decide federal constitutional issues, Zwickler v. Koota, 389 U.S. 241, 252, 19 L. Ed. 2d 444, 88 S. Ct. 391 (1967), and in the First Amendment area, the Supreme Court has severely limited the scope of the district court's discretion to abstain, New York Civil Liberties Union, Inc. v. Acito, 459 F. Supp. 75, 82 (S.D.N.Y. 1978). In Zwickler, a federal district court was held to be in error for abstaining from ruling on a request for a declaratory judgment that a state criminal statute contravened the First Amendment by its overbreath. The Court emphasized that "Congress imposed the duty upon all levels of the federal judiciary to give due respect to a suitor's choice of a federal forum for the hearing and decision of his federal constitutional claims." 389 U.S. at 248.
Defendants' request for a stay is denied, and I proceed to consider the merits of the motions before me.
Penthouse claims that the actions of the three defendants in removing and refusing to display plaintiff's posters constituted breach of contract. Penthouse further states that it has performed all of its own contractual obligations, except as prevented from doing so by defendants' acts. It claims that it is therefore entitled to recover monetary damages for loss of revenue from sales of the June 1984 issue, as well as for injury to its good will, credibility and relationships with contributors, advertisers, creditors and other third parties.
The only defendant with whom Penthouse has a contractual relationship is Subways. Consequently, the removal of the poster could have constituted a breach of contract only by Subways, the sole defendant with whom Penthouse was in privity of contract.
Subways itself did not make the decision to remove or refuse to display the Penthouse posters. To the contrary, Subways accepted the poster once modified and had begun the installation process at the time it was directed by MTA and NYCTA to remove the Penthouse ads. Subways' actions were taken only at the direction and insistence of the MTA and pursuant to its contractual obligations to the NYCTA.
Paragraph 5C of the contract between Penthouse and Subways provides:
If there is any delay or failure by NYSA [Subways] to perform hereunder, as the result of force mejeure, labor dispute, law, governmental action or order (including termination of transit franchise), or any other similar or dissimilar cause beyond NYSA's reasonable control, NYSA shall immediately notify the Agency/Advertiser. This shall not constitute a breach of contract, but the Agency/Advertiser shall be entitled, at its election, to either an extension of service, additional service, or credit, all on a pro rata basis." (Emphasis added)
Subways' failure to carry out its contractual obligations to Penthouse was due solely to governmental action or order and by the very terms of the contract such failure does not constitute a breach of contract. Defendants' cross-motion for summary judgment on plaintiff's breach of contract claim is therefore granted.
Penthouse also alleges a cause of action against defendants NYCTA and MTA for tortious interference with the contract between Penthouse and Subways because the rejection and removal of the Penthouse posters by Subways was at the direction and insistence of NYCTA and MTA.
Under New York law, a plaintiff claiming tortious interference with a contract must prove: (1) the existence of a valid contract; (2) defendants' knowledge of the contract; (3) defendants' intentional procurement of the breach of the contract; and (4) damages. Israel v. Wood Dolson Co., 1 N.Y. 2d 116, 151 N.Y.S. 2d 1, 5, 134 N.E.2d 97 (1956). An essential element of the case against defendants is therefore breach by Subways of its contract with Penthouse. Since there has been no such breach, there can be no claim of tortious interference with contract. Zilg v. Prentice-Hall, Inc., 717 F.2d 671, 682-3 (2d Cir. 1983) (Pierce, J. concurring); Jack L. Inselman & Co., Inc. v. FNB Financial Co., 41 N.Y. 2d 1078, 396 N.Y.S. 2d 347, 349, 364 N.E.2d 1119 (1977). Defendants' cross-motion for summary judgment on plaintiff's tort claim is also granted.
I come now to the central issue in this case: did defendants violate plaintiff's First Amendment
rights by refusing to display the Penthouse advertisement within the New York City subway system on the ground that its content is "offensive"? Plaintiff claims that it was unfairly denied access to a public forum due to the political content of its message, and that this selective exclusion was not justified by any compelling state interest. Defendants respond that the Penthouse poster was of a wholly commercial nature and thus entitled to a lesser degree of First Amendment protection than political speech. They further assert that the Supreme Court in Lehman v. Shaker Heights, 418 U.S. 298, 41 L. Ed. 2d 770, 94 S. Ct. 2714 (1974), established that a municipal rapid transit system is not a First Amendment forum and the NYCTA's managerial decision to limit displays to "innocuous and less controversial" advertising "does not rise to the dignity of a First Amendment violation". 418 U.S. at 304.
A. Commercial or Political Speech
The threshold question that must be addressed is whether the Penthouse poster involves political speech or commercial speech. Although we are far beyond the days when commercial speech was deemed wholly outside the purview of the First Amendment, Valentine v. Chrestensen, 316 U.S. 52, 54, 86 L. Ed. 1262, 62 S. Ct. 920 (1942), there is still a "common sense distinction" that must be drawn between the most clear-cut examples of the two, Central Hudson Gas-Elec. Corp. v. Public Service Comm., 447 U.S. 557, 564-67, 65 L. Ed. 2d 341, 100 S. Ct. 2343 (1980), in recognition of the fact that commercial speech has been afforded "a limited measure of protection, commensurate with its subordinate position in the scale of First Amendment values." Ohralik v. Ohio State Bar Assn., 436 U.S. 447, 456, 56 L. Ed. 2d 444, 98 S. Ct. 1912 (1978). State action limiting or prohibiting purely commercial speech must be judged against a less stringent standard than if such action encroaches on purely political speech. Central Hudson, 447 U.S. at 566.
The distinction between commercial and political speech is not always clear-cut. The mere fact that the message appears in the form of a paid advertisement does not automatically mean that it must be considered "commercial" speech. There is an inherent overlap of commercial, social and political messages in such items as a "public relations" advertisement by an industrial manufacturer of defense-related equipment, or an advertisement for commercial abortion services available at a family planning clinic. U.S. Southwest Africa/Namibia Trade & Cultural Council v. U.S., 228 U.S. App. D.C. 191, 708 F.2d 760, 769 (1983).
In Virginia Pharmacy Bd. v. Virginia Citizens Consumer Council, 425 U.S. 748, 48 L. Ed. 2d 346, 96 S. Ct. 1817 (1976), Justice Stewart tried to provide some guidance in this area by defining the difference between what he termed "commercial price and product advertising" on the one hand and "ideological communication" on the other. He explained that ideological expression, "be it oral, literary, pictorial, or theatrical, is integrally related to the exposition of thought -- thought that may shape our concepts of the whole universe of man." Commercial price and product advertising, in contract, "is confined to the promotion of specific goods and services." 425 U.S. at 779-80.
Defendants allege that the Penthouse poster in this case is mere commercial speech because its eye-catching caricature of Walter Mondale was designed only to sell Penthouse magazine, not to communicate a political idea or message. In support of this argument, defendants claim that Penthouse conceded in its state court action that the poster served no purpose after the issue of the magazine it promoted was no longer for sale on the newsstands. They suggest that if Penthouse were truly engaged in political speech, its message would have remained timely until the presidential election in November and Penthouse would have continued to have an interest in having the poster displayed.
Defendants overlook the fact that plaintiff's complaint specifically requests a declaratory judgment declaring "that the defendants . . . have a duty and obligation to install and display the poster which is the subject of this action" (emphasis added). Complaint at 8. This request for relief, contained in plaintiff's pleadings filed in July, 1984, negates any suggestion that plaintiff considered its message important and timely only in connection with the sale of the magazine's June issue.
In any event, Penthouse states that it chose Hofmekler's caricature for its poster to disseminate Hofmekler's satirical view of Mondale as pandering to his feminist supporters. Individuals may disagree whether such a characterization of Mondale is accurate or fair, but this pictorial expression of a thought is as clearly political speech as the famous caricatures of Nast and Herblock.
While the driving force behind Penthouse's lease of advertising space in the subway system and its display of the poster at issue was undoubtedly its desire to sell copies of the June issue of Penthouse magazine, the context in which Hofmekler's caricature appears -- a paid commercial advertisement -- does not deprive it of its political message and content. "The relationship of speech to the marketplace of products or of services does not make it valueless in the marketplace of ideas." Bigelow v. Virginia, 421 U.S. 809, 826, 44 L. Ed. 2d 600, 95 S. Ct. 2222 (1975).
I conclude that the Penthouse poster involves political speech which is subject to the full panoply of the First Amendment's protection and will therefore assess defendants' actions in light of the appropriate standard for excluding noncommercial speech from public property.
B. The Subway System as a Public Forum
The first question to be resolved is whether and to what extent the New York City subway system is a public forum, since "[t]he existence of a right of access to public property and the standard by which limitations upon such right must be evaluated differ depending on the character of the property at issue." Perry Educ. Assn. v. Perry Local Educators' Assn., 460 U.S. 37, 44, 74 L. Ed. 2d 794, 103 S. Ct. 948 (1983). In Perry, the Court divided public property into three categories for First Amendment purposes.
The first category, the traditional public forum, consists of property like parks and streets "which by long tradition or by government fiat have been devoted to assembly and debate". 460 U.S. at 44. The state may place only two types of restrictions on expressive activity in the traditional public forum: (1) content-neutral time, place and manner regulations, or (2) content-based exclusions which are narrowly drawn to effectuate a compelling state interest. Id. at 45.
The second category, the designated public forum, is one which the state has voluntarily opened for use by the public as a place for expressive activity. Government property may be designated a public forum for a limited purpose such as use by certain groups, e.g., Widmar v. Vincent, 454 U.S. 263, 70 L. Ed. 2d 440, 102 S. Ct. 269 (1981) (student groups), or for the discussion of certain subjects, e.g., City of Madison Joint School District v. Wisconsin Public Employment Relations Comm., 429 U.S. 167, 50 L. Ed. 2d 376, 97 S. Ct. 421 (1976) (school board business). Perry, 460 U.S. at 46, n. 7. As long as the open character of the forum continues, the state is bound by the same standard in regulating speech in a designated public forum as in a traditional public forum. Id. at 46.
Public property which is not by tradition or designation a forum for public communication falls into a third category which includes, for example, military bases, Greer v. Spock, 42 U.S. 828, 47 L. Ed. 2d 505, 96 S. Ct. 1211 (1976), or prisons, Jones v. North Carolina Prisoners' Union, 433 U.S. 119, 53 L. Ed. 2d 629, 97 S. Ct. 2532 (1977). The state may limit expressive activity in these "non-forums" to uses compatible with the public facilities' intended purposes "as long as the regulation on speech is reasonable and not an effort to suppress expression merely because public officials oppose the speaker's views." Perry, 460 U.S. at 46.
The standard to be used in measuring defendants' actions against plaintiff's First Amendment rights in the case at bar depends upon which Perry category the New York City subway system fits. The system covers more than 720 miles of track with 477 stations.
Each station has numerous entrances from the city streets. Many entrances, and even entire stations, are connected underground by passageways of varying lengths. These entrances and some of the passageways are open to the general public without payment of any fee. However, all members of the public must pay a fixed toll to gain entrance to the platforms where passengers can board the subway trains. The entrances, passageways and platforms are lined with the type of advertising displays at issue here.
According to Subways' own promotional literature, over five million different adults pass through the subway's portals and walkways each year and wait on its platforms for an average of 14 minutes each trip. The literature proclaims that the "high average frequency of exposure because of the necessity of regular riding," combined with the substantial waiting time and lack of other colorful distractions for thousands of daily commuters, make the subway system a "veritable "Niagara Falls' of buying power."
The subway system is clearly not a traditional public forum like a park. It is not an appropriate site for a political rally or demonstration, or for soapbox speeches by individuals. But it is an appropriate site for passive expressive activity, as shown by some important characteristics it shares with traditional public forums.
The system is open to any member of the general public. Its physical design and the concomitant concentration and flow of people in its underground thoroughfares parallel those of the city streets above it. While its passageways may not be as broad and open as public streets, their more enclosed structure does not alter their fundamental character as corridors for the passage of people in transit.The subway station is not a destination in itself but is, at most, a way station. Individuals hurrying to catch a subway train who pass by an advertisement that does not interest them, or even offends them, may simply avert their eyes and move on, just as pedestrians on a city street.
Subways and NYCTA themselves appear to believe that the subway passageways and platforms are an appropriate forum for public expressive activity. Through Subways, the NYCTA has specifically created advertising display cases throughout the system and reserved their use for those advertisers willing and able to pay the fee demanded. It has actively solicited the advertising public by promoting the subway system as an advertising medium, and has accepted a variety of commercial and political messages for display to its riders.
By these actions, the NYCTA itself has made the subway system a designated public forum for the limited purpose of generating revenue through the display of public advertisements.
This conclusion is consistent with the Supreme Court's decision in Lehman v. City of Shaker Heights, 418 U.S. 298, 41 L. Ed. 2d 770, 94 S. Ct. 2714 (1974). Lehman upheld the defendant city's decision to exclude all political advertising from "car card" spaces in its buses and streetcars while accepting commercial and public service-oriented ads. In a 5-4 decision, the Court found that the interior of the transit vehicles was not a traditional public forum suitable for public expressive activity due to the "risk of imposing upon a captive audience." 418 U.S. at 304. The Court consequently upheld the blanket exclusion of an entire class of potentially controversial advertising for the protection of confined bus riders from disturbing intrusions on their privacy.
The Lehman Court's concern for captive listeners is inapplicable to the case at bar. The Penthouse ads were never displayed inside of subway cars; they were always posted in the open public areas of the subway stations -- the walls of the passageways and platforms.
Lehman says only that the interiors of transit vehicles are not traditional First Amendment forums. However, Perry makes it clear that the transit authority may create a designated public forum for the advertising of commercial and political speech by the acceptance and display of such advertisements over a significant period of time. That is precisely what the NYCTA has done in this case.
Other courts that have considered the constitutionality of selective rejection of advertising materials by local transit authorities have concluded that the pattern and practice of soliciting, accepting and displaying such ads creates a designated public forum. See, e.g., Planned Parenthood Assoc. v. Chicago Transit Authority, 592 F. Supp. 544, slip op. (N.D.Ill. 1984) (Chicago transit system designated a public forum for pro-abortion messages by opening its message space to other "controversial" public message advertisements); Coalition for Abortion Rights v. Niagara Frontier Transp. Authority, 584 F. Supp. 985, 989 (W.D.N.Y. 1984) (public bus company created a public forum for advertisements concerning abortion by permitting other political and public service advertisements); Gay Activists Alliance of Washington, D.C., Inc. v. Washington Metro. Area Transit Authority, No. 78-2217, slip op. (D.D.C. July 5, 1979) (interior of Washington, D.C. buses designated a public forum for message regarding homosexuality by transit authority's acceptance of other ads dealing with social and political issues); Preterm, Inc. v. Massachusetts Bay Transp. Authority, No. 74-159-M, slip op. (D.Mass. May 13, 1974) (injunctive relief granted for plaintiff likely to be able to prevail at trial on merits of complaint that by offering space on its facilities for public advertising, transit authority could not constitutionally refuse to carry pro-abortion advertisement). See also, U.S. Southwest Africa/Namibia Trade & Cultural Council v. U.S., 228 U.S. App. D.C. 191, 708 F.2d 760, 767 (D.C.Cir. 1983) (federally-owned airport a public forum for political advertising).
The parties do not cite, but I have considered the Second Circuit's recent opinion in Gannett Satellite Information Network, Inc. v. Metropolitan Transportation Authority, 745 F.2d 767 (2d Cir. 1984). Gannett arose out of the MTA's licensing scheme for the placement of coin operated newspaper vending machines (newsracks) in MTA commuter train stations.Plaintiff, a newspaper publisher, contended that MTA's imposition of revenue raising fees violated the First and Fourteenth Amendments. The district court agreed, enjoined the imposition of revenue raising fees, and ordered the adoption of reasonable standards governing license terms and procedures for license issuance. 579 F. Supp. 90 (S.D.N.Y. 1984). The Court of Appeals reversed, rejecting the district court's holdings that MTA's imposition of revenue raising licensing fees necessarily violated the First Amendment, and that the licensing scheme was a prior restraint of the press. The Court of Appeals also saw no need to require the promulgation of guidelines at this time. The Court of Appeals remanded to the district court "with directions to enter an order prohibiting MTA from discriminating unreasonably in fees charged for licensing of newsracks, with any fees subsequently established to be applied retroactively on a non-discriminatory basis." 745 F.2d at 776.
During its discussion of the constitutional issues, Judge Meskill's discussion for the Court of Appeals in Gannett refers to the three Perry categories, and then says this:
"The third is "[p]ublic property which is not by tradition or designation a forum for public communication." Id. at 46, 103 S. Ct. at 955. The public areas of the MTA stations are in the third category. See U.S. Southwest Africa/Namibia Trade & Cultural Council v. United States, 228 U.S. App. D.C. 191, 708 F.2d 760, 864-66 (D.C.Cir. 1983) (Southwest Africa) (holding public areas of airport in third category); Fernandes v. Limmer, 663 F.2d 619, 626 (5th Cir. 1981) (same), cert. dismissed, 458 U.S. 1124, 103 S. Ct. 5, 73 L. Ed. 2d 1395 (1982)." 745 F.2d at 772-73.
Taken at face value, this statement would appear to be contrary to the line of district court cases cited at pp. 19-20 of this opinion, concluding that a designated public forum (the second category under Perry) is created by transit authorities' solicitation and display of advertising material and I must of course display a deferential concern with the pronouncements of the Second Circuit on any issue.
But with all due deference, I cannot understand how the Second Circuit in Gannett derives authority for the statement that public areas of MTA stations belong in the third Perry category from the two cases cited for the proposition. Those cases are Southwest Africa, a decision of the Court of Appeals for the District of Columbia Circuit, and Fernandes v. Limmer, decided by the Fifth Circuit.
Gannett summarizes Southwest Africa as "holding public areas of airport in third category." As I read Southwest Africa, the Court of Appeals reached precisely the opposite conclusion. Officers of the Federal Aviation Administration refused to approve a particular advertisement as suitable for public display in various advertising areas at federally-owned airports. The Court of Appeals, reversing the district court, held that the refusal infringed upon First Amendment rights. The Court of Appeals stated at 708 F.2d 766:
"Whatever commonsense differences may exist in the forms of free speech allowable in airports, as opposed to parks and streets, an unusual concensus of judicial, legislative, and administrative opinion would classify the public areas of National and Dulles squarely within the public forum family. The district court's one-sided focus on the advertising display cases, without regard to the larger forum of which they are physically and functionally a part, distorts the first amendment realities of this particular public medium of communication at these particular public places." (emphasis added).
Fernandes v. Limmer, the second case cited by the Second Circuit in Gannett, dealt with a religious sect's suit to enjoin enforcement of an ordinance governing literature distribution and fund solicitation in the Dallas-Fort Worth Airport context. The Fifth Circuit, holding that the airport's blanket prohibition of solicitation and distribution inside its terminal buildings was overbroad because it unduly restricted First Amendment activity within a public forum, said this of the spaces in question:
"It is now generally well establilshed that airport terminals owned and administered by governmental entities are public forums in which efforts to regulate speech or religious activity must comport with First Amendment guarantees." 663 F.2d at 626.
Fernandes antedated Perry, whereas Southwest Africa came after Perry and cites it. 708 F.2d at 763. In any event, it is difficult to see how either case supports Gannett's conclusion that the public areas of mass transportation facilities fall within a category of public property "which is not by tradition or designation a forum for public communication."
At least, I cannot accept that designation where, as in the case at bar, the MTA has actively solicited and published advertising in the public areas of the subways. And Gannett may be distinguished on its facts, since the newspaper publishers seeking to set up newsracks on commuter station platforms were not wooed by the MTA to do so; rather, the publishers approached the MTA and asked (or in the case of the plaintiff in Gannett demanded) that facilities be made available to them.
In any event, I do not read Gannett or its rationale as requiring me to depart from the clearly established line of authority which characterizes such public property, thus used, as a designated public forum for the display of paid public advertising. See also Lebron v. Washington Metropolitan Area Transit Authority, Dkt. 749 f.2d 893 (D.C.Cir., decided 1984) ("There is no doubt that the poster at issue here conveys a political message; nor is there a question that WMATA has converted its subway stations into public fora by accepting other political advertising. . . . Unlike Lehman v. City of Shaker Heights, 418 U.S. 298, 41 L. Ed. 2d 770, 94 S. Ct. 2714 (1974), where the Supreme Court sustained a ban on all political advertising inside a city transit system, the Authority here, by accepting political advertising, has made its subway stations into public fora." Slip op. at 6, 6 n.6.).
C. Content-Based Exclusion of Penthouse Poster
Having made the subway system a designated public forum for display of paid public advertising, defendants cannot discriminate among the advertisements they will display on the basis of content except to further a "compelling state interest," and then only by regulations that are "narrowly drawn" to effectuate that interest. Perry, 460 U.S. at 45.
There is no question that defendants rejected the Penthouse poster solely on the basis of its controversial content.But defendants advance three state interests to justify their actions: (1) that subway riders are a "captive audience" with a right "not to listen" to this type of speech; (2) that the advertisement "goes beyond the bounds of good taste and is offensive to the great majority of the general public served by the subway system," thus justifying its prohibition as a "public nuisance"; and (3) that school-age children who ride the subways daily need protection from "this patently offensive material."
I have already rejected defendants' first asserted interest as inapplicable on the facts of this case; there is no captive audience involved here.
The only authority cited by defendants in support of their second asserted interest of preventing a public nuisance is Kovacs v. Cooper, 336 U.S. 77, 93 L. Ed. 513, 69 S. Ct. 448 (1949). In Kovacs, the Supreme Court held constitutional a New Jersey ordinance prohibiting the use of sound trucks on public streets. The Court upheld the regulation as a reasonable attempt to protect local citizens from loud and raucous broadcast intrusions into the privacy of their homes. The Penthouse poster has none of the loud and intrusive qualities of a sound truck; on the contrary, it is silent and passive. Furthermore, the poster cannot be prohibited as a public nuisance merely because it provokes disagreements and offends the sensibilities of the majority. "Speech is often provocative and challenging. It may strike at prejudices and preconceptions and have profound unsettling effects as it presses for acceptance of an idea." Terminiello v. City of Chicago, 337 U.S. 1, 4, 93 L. Ed. 1131, 69 S. Ct. 894 (1949). It is precisely this speech for which the protection of the First Amendment was intended. Even speech that is arguably in bad taste, so long as it does not cross the border into obscenity, enjoys the same constitutional protection as the most enlightened political discourse. Defendants' distaste for Penthouse's advertising style cannot, as a matter of law, constitute a compelling state interest that would justify the poster's rejection.
The third state interest asserted by defendants is protection of children from sexually suggestive pictorial displays. Defendants admit that the poster does not fall within the legal rubric of obscenity. However, they note that the state may adjust its definition of obscenity in order to more stringently control materials like the Penthouse poster that are displayed to minors, rather than exclusively to consenting adults, Ginsberg v. New York, 390 U.S. 629, 20 L. Ed. 2d 195, 88 S. Ct. 1274 (1968), and imply that such was their aim here.
Shielding minors from graphic displays of sexually suggestive activity on publicly-owned property is no doubt a compelling state interest. Nevertheless, any restriction on expressive activity must be "truly necessary and finely tailored" to effectuate that state interest. Southwest Africa, supra, at 768. Even when seeking to protect minors, the state may bar public dissemination of protected materials only in "relatively narrow and well-defined circumstances." Erznoznik v. Jacksonville, 422 U.S. 205, 213, 45 L. Ed. 2d 125, 95 S. Ct. 2268 (1975).
At a minimum, some objective criteria must exist to guide government officials in determining what sorts of things might arguably be obscene with regard to minors. The MTA & NYCTA may not arbitrarily and on an ad hoc basis determine that certain advertising materials are obscene for children and thereby take such materials out of the First Amendment's protection.
Defendants admit that they have previously displayed advertisements by Penthouse showing "attractive women in relative stages of undress or what-have-you"
and an advertisement bearing another Hofmekler caricature of Leonid Brezhnev attired only in a "G-string." But they distinguish the Mondale poster and their treatment of it on the ground that it is the only advertisement to "suggest overt sexual activity."
Yet defendants have never had a written policy stating that certain sexually suggestive materials can be displayed, but not those depicting overt sexual activity, nor have they sought to define explicitly the types of pictorial representations that would fall within the prohibited category.
At the time of Penthouse advertisement at bar was rejected, the only guideline for determining the acceptability of proposed advertisements was Section 2E of the Penthouse-Subways contract which barred ads "offensive to good taste or . . . unsatisfactory to the New York City Transit Authority." This language is too vague and subjective to meaningfully circumscribe the discretion of subway officials. Without clear and reasonable objective criteria against which its employees may measure proposed ad copy, the MTA and NYCTA run the risk of arbitrarily censoring controversial political and social viewpoints. Such censorship "threatens a value at the very core of the First Amendment, the "profound national commitment to the principle that debate on public issues should be uninhibited, robust and wide-open." Consolidated Edison Co. v. Public Service Commission, 447 U.S. 530, 548, 65 L. Ed. 2d 319, 100 S. Ct. 2326 n.9 (1980) (Stevens, J. concurring) (quoting New York Times v. Sullivan, 376 U.S. 254, 270, 11 L. Ed. 2d 686, 84 S. Ct. 710 (1964).
Defendants' failure to promulgate and apply narrowly drawn objective standards for excluding the Penthouse advertisement from their designated public forum renders their actions in rejecting that advertisement violative of the First Amendment.
Plaintiff is entitled to a declaratory judgment consistent with this opinion. Settle judgment on five (5) days' notice.
If plaintiff wishes to press a claim for monetary relief, the parties are directed to proceed with discovery regarding plaintiff's remaining claims against defendants Koch and the City of New York in accordance with the scheduling order separately entered.
It is SO ORDERED.
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Limit loss after losing a credit card
By Ben Woolsey
When a credit card goes missing, the first thing you think of is: How can I limit my financial losses? Luckily, there are several ways you can protect yourself, your financial history and your credit from damage and protection under the law to help with any financial loss.
Steps you can take:
- Report loss/theft of credit card - Report the loss or theft of your credit cards and your ATM or debit cards to the card issuers as quickly as possible. Many companies have toll-free numbers and 24-hour service to deal with such emergencies. It's a good idea to follow up your phone calls with a letter. Include your account number, when you noticed your credit card was missing and the date on which you first reported the loss.
- Review billing statements - After the loss, review your billing statements carefully. If they show any unauthorized charges, it's best to send a letter to the credit card issuer describing each questionable charge. Again, tell the credit card issuer the date your card was lost or stolen, or when you first noticed unauthorized charges, and when you first reported the problem to them. Be sure to send the letter to the address provided for billing errors. Do not send it with a payment or to the address where you normally send your payments, unless you are directed to do so.
- Check homeowner's insurance policy - Check your homeowner's insurance policy to see if it covers your liability for card thefts. If not, some insurance companies will allow you to change your policy to include this protection.
Federal protection facts:
- Fair Credit Billing Act (FCBA) Your maximum liability under federal law for unauthorized use of your credit card is $50. If you report the loss before your credit cards are used, the FCBA says the card issuer cannot hold you responsible for any unauthorized charges. If a thief uses your cards before you report them missing, the most you will owe for unauthorized charges is $50 per card. Also, if the loss involves your credit card number, but not the card itself, you have no liability for unauthorized use.
- Electronic Funds Transfer Act (EFTA)
- Your liability under federal law for unauthorized use of your ATM or debit card depends on how quickly you report the loss. If you report an ATM or debit card missing prior to its fraudulent usage, the EFTA says the card issuer cannot hold you responsible for any unauthorized transfers. If unauthorized use occurs before you report it, your liability under federal law depends on how quickly you report the loss.
- For example, if you report the loss within two business days after realizing your card is missing, you will not be responsible for more than $50 worth of unauthorized use. However, if you don't report the loss within two business days after discovering the card missing, you could lose up to $500 of unauthorized transfer. You may also risk unlimited loss if you fail to report an unauthorized transfer within 60 days after your bank mails a statement containing unauthorized use to you. That means you could lose all the money in your bank account as well as the unused portion of your line of credit established for overdrafts. However, for unauthorized transfers involving only your debit card number (not the actual loss of the card), you are liable only for transfers that occur more than 60 days following the mailing of your unauthorized use-containing bank statement and before you report the loss.
- If unauthorized transfers show up on your bank statement, report them to the card issuer as quickly as possible. Once you've reported the loss of your ATM or debit card, you cannot be held liable for additional unauthorized transfers that occur after that time.
Before you have that moment of panic, take the steps to protect your credit and your credit cards. Remember, your credit is extremely important and you don't want someone else causing you trouble.
Published: December 18, 2005
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Real home made Italian food. Great pasta and the steak Luciano is my favorite. Great atmosphere and impeccable service.
Is this restaurant good for local cuisine?
Does this restaurant offer free wifi?
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Does this restaurant have a TV?
Is this restaurant good for lunch?
Is this restaurant good for dinner?
Are the prices at this restaurant mid-range / moderate?
Does this restaurant offer outdoor seating?
Does this restaurant offer highchairs for toddlers?
Is this restaurant good for bar scene?
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Real home made Italian food. Great pasta and the steak Luciano is my favorite. Great atmosphere and impeccable service.
I have been coming here since 2006 and I can't believe I haven't wrote a review yet. It is by far the best restaurant I have been to. The food is so delicious, the restaurant is so beautiful inside, we love the castle booths when my husband and I come in for date night, the service and staff are all... More
We have gone to Luciano's on a number of occasions, each time was a treat. You get your entire meal for one price, no extra for the salad or soup, all included and well worth it.
Same waiters for a long time, been going there for over 20 years.The food is wonderful,a little expensive,but well worth it. This is my favorite Italian Resturant
We were very surprised that this gem of a restaurant I's hidden in the corner of a strip mall. It is true Italian with all of the courses. Everything is delicious and homemade. We will save it for special occasions, it's that good.
My husband and I found this restaurant by random search. Normally I rely on Trip Advisor for restaurant recommendations in areas we're not already familiar with. We are in Clinton Twp. several times a year, and this time we wanted to find a restaurant in the area to eat and were in the mood for Italian. Luciano's was impressive from... More
We celebrated a family member's birthday with a large group at Luciano's. This place is an absolute gem. The food and service was great. The homemade lasagna was fantastic. Definitely a place we would return to.
Great Italian restaurant. Especially like the veal marsala. Great atmosphere, especially in the "Italian Village Room" to the right. Love their minestrone soup.
Luciano's is generally regarded as the best Italian restaurant in the area. In my opinion this place is just so-so, I really don't see what all the hubbub is about.
Loved the prosciutto wrapped melon...must have! Service was great and entrees were satisfying with a great homemade touch
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decided: April 18, 1967.
COMMONWEALTHv.MCKELLAR, APPELLANT
Appeal from order of Court of Oyer and Terminer of Allegheny County, Oct. T., 1960, No. 108, and Sept. T., 1960, No. 62 Misc., in case of Commonwealth of Pennsylvania v. Carlton McKellar.
Carlton McKellar, appellant, in propria persona.
Edwin J. Martin and Charles B. Watkins, Assistant District Attorneys, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.
Bell, C. J., Musmanno, Jones, Eagen, O'Brien and Roberts, JJ. Mr. Justice Cohen took no part in the consideration or decision of this case.
[ 425 Pa. Page 129]
Carlton McKellar, the appellant, stabbed to death his victim, a 14-year-old girl. He pleaded guilty and the Court sentenced him to undergo a term of imprisonment of not less than ten or more than 20 years at the Pennsylvania Institution for Defective Delinquents at Dallas, Pennsylvania.
On September 13, 1966, he filed a petition under the Post Conviction Hearing Act of 1966, P. L. (1965) 1580 for unspecific relief. The petition is as bizarre as it is meritless. It claims that he was twice placed in jeopardy on the argument that he had been sentenced to the Western Penitentiary but had been incarcerated in the State Institution for Defective Delinquents. Apart from any question of double jeopardy, which is not in the case at all, McKellar was actually sentenced, as indicated, to the place where he now is, and not to the Western Penitentiary.
The lower court reviewed the petitioner's record and rendered its decision. It held no hearing, nor was any
[ 425 Pa. Page 130]
required. (Commonwealth ex rel. Elliott v. Baldi, 373 Pa. 489.)
Order affirmed.
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Mike's Card CaseBlack New Look
Simple and sleek in design but functional and compact as ever, Mike's Card Case will hold your most essential cards and slip easily into your pants' pocket. Made from many of our favorite Italian leathers, this card case has a single card slot on each side, a bonus slot in the middle and is blind stamped with our CV insignia.
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Event: A grand premiere of film LIFE KI TOH LAG GAYI was held yesterday in Mumbai where actors such as Ranvir Shorey, Konkana Sen Sharma, Gul Panag, director Rakesh Mehta, Kay Kay Menon, Pradyuman Singh, Vinay Pathak, Sandhya Mridul, Atul Agnihotri and others attended the event.
Guest List: Vinay Pathak, Ranvir Shorey, Misti Mukherjee, Konkana Sen Sharma, Gul Panag, Rakesh Mehta, Kay Kay Menon, Pradyuman Singh
Date: 26-Apr-2012
Bollywood superstar Aamir Khan was snapped at Olive.
Bollywood celebs Amitabh Bachchan, Iulia Vantur, Himesh Reshammiya, Divya Khosla Kumar, Model Alankrita Sahai among others were seen at the launch of 'Aap Se Mausiiquii' music album.
Sizzling HOT Jacqueline Fernandez was snapped at Mehboob studio.
CHECK OUT Badri (Varun Dhawan) along with his Dulhania (Alia Bhatt) masti moments during Nickelodeon Kids' Choice Awards 2016.
Bollywood celebs Shah Rukh Khan, Deepika Padukone, Tiger Shroff, Divya Khosla Kumar, Shweta Pandit, Adah Sharma among others were seen at Nickelodeon Kids Choice Awards 2016.


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Product With Classified Features
All your customer those who wants to be benefited in an effective way, 16800mAh Power Bank With LED Light is a very nice and easy product that will very much take care of your customers need and can be used for emergency charging that provides good exposure of your company through customers who use the product with some of its classified features like 16800mAh large capacity, micro USB charging, LED Battery Status, LED flash light, 2 USB ports.
Product Detail
|Product Size:
|138 x 62 x 21.5 mm
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|Screen Printing(Can be reduce or increase)
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|16800mAh Large Capacity, Micro USB Charging, LED Battery Status, LED Flash Light, 2 USB Ports
|Product Material:
FAQ | Similar Products
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A 16800mAh Power Bank With LED Light is a high quality useful item. Able to be used for emergency charging and with Mini Size size, whoever you send it to will not only use it, but will also talk about it. This will expose your brand to those they come in contact with.
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A 16800mAh Power Bank With LED Light is the perfect direct promotional item. With its Box Packing and 138 x 62 x 21.5 mm product dimension along with 0 x 0 x 0 cm imprint size that is done so by Screen Printing method, it will leave a lasting impression.


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|Page (1) of 1 - 05/07/12
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One Convergence Announces Edge Acceleration Platform for SDN and Overlay NetworkingOpen vSwitch Offload Combined With Inline Acceleration for Flow Processing, IPSec and DPI to Achieve Scalable Performance (May 07, 2012)
LAS VEGAS, NV -- (Marketwire) -- 05/07/12 -- Interop 2012 -- One Convergence today announced OpenFlow compliant Edge Acceleration Platform (EAP) that scales, accelerates and offloads Open vSwitch and enables user extensions via custom flow actions.
Overlay networking using L2oL3 tunneling to connect Open vSwitches as a way of realizing Network Virtualization is fast emerging as a network paradigm that allows dynamic provisioning and efficient utilization while providing isolation for multi-tenancy in the datacenter. One Convergence EAP can facilitate network appliances and servers to achieve wire speed performance while freeing up the host processors, extend edge switching for application specific flow actions and be future proof with emerging standards & protocols.
The initial offering of EAP is a solution running on Freescale's QorIQ P4080-based Smart IO PCIe adapter platform with dual 10G and is targeted for data center applications like virtualized servers, edge switches, L2oL3 gateways and other network appliances. The solution will have support for L2oL3 tunneling like VXLAN, NVGRE and other protocols along with full offload of Open vSwitch for enabling OpenFlow based SDN.
"The advanced hardware acceleration engines and optimal performance of Freescale's eight-core QorIQ P4080 SoC are ideal for delivering application-specific processing for low latency 10G Ethernet datacenter networking," said Bernd Lienhard, Vice President and General Manager of Freescale's Networking Processor Division. "One Convergence has developed a compelling solution for flow-based server acceleration which intelligently leverages the Freescale processor's ability to handle large flow tables and efficiently steer packets to host VMs for optimal performance."
"Interface Masters is pleased to team up with One Convergence and Freescale on the Edge Acceleration Platform solution which is a unique solution addressing the Software-Defined Networking market," stated Udi Yuhjtman, President of Interface Masters. "As virtualization becomes more pervasive within networking, the challenge of tapping and monitoring network traffic becomes increasingly more difficult and complex. The Open vSwitch and OpenFlow offload provide a seamless solution to address data monitoring in the virtual environment, providing full visibility and access to network information while ensuring zero penalty is incurred."
The features of the solution include:
- Open vSwitch Offload / Acceleration
- OpenFlow Protocol Compliant
- Application Specific Flow Actions
- High Performance Flow Processing
- Acceleration for IPSec, DPI & Custom Processing
- L2oL3 Tunneling (VXLAN, NVGRE)
"Network Virtualization and OpenFlow based SDN are the emerging technologies to support multi-tenancy and provide scalability with efficient resource utilization for enterprise and data center deployments," said Prasad Vellanki, CEO of One Convergence. "The Edge Acceleration Platform not only enables network appliances and servers to support these SDN requirements but also helps them be compliant with the emerging standards and have application specific customization to differentiate from the competition."
The solution is expected to be available on Freescale QorIQ P4080 based adapters in Q3, 2012. Software includes optimized Open vSwitch along with Smart I/O software running on QorIQ MPUs and a host-based SDK. For additional information and inquires contact firstname.lastname@example.com.
About One Convergence, Inc.
One Convergence, Inc. is a company focused on delivering leading edge technologies and solutions for OEMs, ODMs, ISVs and others developing products for data center and emerging cloud infrastructure. One Convergence licenses technologies and provides solutions relating to SDN, virtualization, security/crypto and intelligent I/O targeted at a broad array of Networking Appliances, Servers and Storage Systems.
Media Contact:
Roshan Gudapati
Vice President, Marketing & Sales
One Convergence, Inc.
Email Contact
Tel: (408) 625-7022
Copyright @ Marketwire
Page: 1
Related Keywords: SDN, OpenFlow, vSwitch, overlays, STT, Nicira, Big Switch, Traffic Engineering, Embrane, Floodlight, Applications, Sales & Marketing, Storage, Networking, Business Issues, Hardware, Software, Misc, Standards, Server Hardware, Server Computers, Switches, Marketwire, Inc., , Interop Attendees, Appliances, Other,


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Art Deco clear paste and sterling silver bracelet, made in France. Heavily studded with sparkling clear pastes, this stunning bracelet has great presence and substantial weight. Twelve rectangles with rounded edges are linked horizontally with three bars of stones to create a beautiful geometry. The tiny stones provide richness and texture.
The bracelet has two French boar's head marks and tests as sterling silver. The clasp works perfectly and there is an attached safety chain. The condition is very fine with one missing paste that is quite unnoticeable. I prefer not to add a new replacement stone because the color will not match. The bracelet measures 6-3/4" clasped and is 13/16" wide. It weighs 49.1g.
2 other shoppers have this item in their Cart or Wish List .
Distinctive Vintage and Antique Jewels and Purses
Shopping with me, you'll get great jewels (sent in a gift box), individual attention, and fast shipping!


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About Us
Welcome to Smart Life Care
SMART LIFE CARE is a Product Marketing Concept, which aims to remove unemployment and provide alternative income to the people. This company is incorporated under the Company Act 1956 (No. 1 of the 1956) and that the company is Limited.
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SMART LIFE CARE managed by a group of competent professionals having immense experience and expertise in the field of network marketing and financial sector. We at SMART LIFE CARE wish to leave no stone unturned to fulfill the dreams or our customers in Indian's overseas. We are committed to achieving new landmarks in network marketing, insurance and financial sector-not only in Indian, but across the globe.
"Our customers inspire us, together we are building the future on solid foundation." Together with our customers we are helping to build future of common people across India. We are proud to touch the lives of so many. We are proud to be India's becoming future. A tomorrow where the world will see us the most trusted and reputed company in the network marketing, Goat farming, insurance and financial sector in Indian and overseas.
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Our Vision With the philosophy to enhance human life with our progressive program and bring financial freedom to live life with pride satisfaction and glory.


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Fwad Khan,Fawad Afzal,Preferred Khan
Rubaiya Samah
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The latest Tweets from Fawad Khan FC (@TeamFawadAKhan). Your source for everything about Fawad Khan! Reliable & active fan page on FB & Twitter, recognised by @_fawadakhan_ himself. Contact: Wherever Fawad is! ❤
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Me_firmo_yo_solo On 13/09/2011
unknown -
203 Photos
neutral.zone Across the Universe, Rock Sound, Bahamas, The
On /CAFÉ , Please post images you take at a CAFÉ, I repeat, pictures that are taken by you and not stolen from the web.
You may be in the picture, but NOT as the main feature of the photo, we want a CAFÉ or even a cup of coffee as the main feature
Do NOT post portrait images, or ego shots, or pornography there ARe many other places for these pictures, but /CAFÉ is NOT one of them
Do NOT post anything that violates the Terms of Service
Thanks to all of you for your great images! :)
Candados, cerraduras, cadenas, cerrojos ...
Padlock, door lock, tongue...
Cadenas, serrure, glissière...
Hängeschloß, Schloß, riegel...


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Elsa Christmas Spa Bath
Elsa loves Christmas and right now she wants to enjoy this beautiful holiday by herself. Play this game and help her to prepare the tub for an amazing Christmas bath, by throwing in the water fir branches and the shampoo, so it can smell like Christmas. Enjoy!
Author: sisigames


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Submit a request now & get free quotes from BEE HOHO SEAFOOD STEAMBOAT RESTAURANT and other service providers, for any of the services below.
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Capital markets liquidity debate25 Jan 2015
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Lew and Carney dispute Jain views over effect of regulation on market liquidity
US Treasury secretary Jack Lew and Bank of England governor Mark Carney are understood to have disputed a contention by Deutsche Bank chief executive Anshu Jain that a squeeze in liquidity amid strict banking regulation contributed to the recent dramatic volatility in bond and currency markets.
In a closed-door meeting held on the sidelines of the World Economic Forum in Davos, Jain suggested that the October "flash crash" in US government bonds and the sudden appreciation of the Swiss franc last week were exacerbated by illiquidity in those asset classes.
However, in a private panel discussion on Friday, Lew is learnt to have stressed that the US Treasury had analysed both events and that there was no quantitative evidence to back up claims that illiquidity caused the violent market swings. Lew's views were echoed a day earlier by Carney, the Financial Times gathers.


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Spamdex is a Perl script that allows you to effortlessly create thousands of "doorway" or "ghost" pages for the Search Engines to your site. Eliminate the tedious process of hand creating special search engines pages. It features: Template based, Source code cloaking, Creates an index.htm page with links to all your new spoofed pages, Creates an ascii text file (one per line) of each new link, and Each page is created with a set of links to every other page.Visit publisher site: Spamdex
Listing Details
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Scripts / CGI & Perl / Scripts & Programs / Content Management
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Slide to see the images
My name is LOLITA and I'm a darling 6 yr F White/Black/Tan Chihuahua/Terrier X. I'm 9 lbs of PURE SASSY MAMA. I'm a tough girl from the Heights of Upper Manhattan and I was surrendered due to NO TIME. That's ok cuz I'm ready for a new adventure with a person/couple/family who will give me all their attention. With my "groucho marx" eyebrow, I look tough, but I'm just a sweet mature confident girl who is medium active and must be in charge. I'm fine with other dogs big and small but would rather have all the attention to myself. I am fine with kids but haven't met any cats.. I think I would be ok with them as I met one on the street and didn't care to chase her. I'm a wonderful dog indoors as I just like to curl up next to you or on my bed. I'm great at making a bed comfy and like to burrow into comfy blankets. Since I'm bossy, I am fairly vocal esp during feeding time and when new people come to the door or any traffic in and out. I am housebroken but because my family never took me out, I also do my business on wee wee pads.. but I love to go for walks and if you keep me on a structured exercise schedule, I'm sure I would be completely housebroken in no time. I'm very smart and attentive, quick to learn and eager to please. I am an absolute GEM OF A DOG...a loving loyal silly smart awesome little girl and am dying to be someone's BFF!!
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Love him,so cute!
Elizabeth Rodriguez


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CEO's report: Supporting tax practitioners to comply with the new regime
Published on 01 Oct 11 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE
The Institute is presenting information sessions for those who need to register as tax agents. This month, Noel Rowland talks about the sessions, as well as other Institute news.
Author profile:
Noel RowlandNoel joined the Institute in December 1994 and was appointed Chief Executive Officer in July 1998. He is an experienced association executive having worked for a number of industry associations, the last being Aged Care Australia. He has previously been active in the Australian Society of Association Executives and completed the Graduate Certificate in Association Management at Monash Mt Eliza Business School in 1997. Prior to moving into association management Noel was an advisor to a Federal politician. As with past organisations, he represents the Institute on various industry forums and groups, and is currently a member of the Business Entry Point Consultative Group. He is also an active member of The Executive Connection, an international organisation of CEOs and Managing Directors. Current at 01 November 2016 Click here to expand/collapse more articles by Noel ROWLAND.
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Endorsement: "I would highly suggest that you steer clear of this website at all costs and disconnect yourself from all affiliation with those involved."
Well, we've talked quite a bit in this thread about the involvement of muscle memory in muscle control. I think, if this stuff isn't doctored, that it fits in quite nicely with this idea.