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New Jersey Superior Court, Appellate Division
Decided: June 24, 1977.
J.J. NUGENT CO., A CORPORATION OF THE STATE OF NEW JERSEY, AND JOHN J. DUNN CONSTRUCTION CO., A CORPORATION OF THE STATE OF NEW JERSEY, A JOINT VENTURE, PLAINTIFFS-RESPONDENTS,v.ALAN SAGNER, COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF TRANSPORTATION, DEFENDANT-APPELLANT
Lora, Crane and Michels.
[151 NJSuper Page 191] On November 12, 1975 plaintiffs J.J. Nugent Co. and John J. Dunn Construction Co., a joint venture, filed a complaint in Superior Court, Law Division, Atlantic County, against defendant Alan Sagner, Commissioner of the New Jersey Department of Transportation, seeking damages for alleged breach of contract. The suit is brought under the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1 et seq. , and arises out of plaintiffs' participation in the construction of a section of Route 95 in Mercer County. N.J.S.A. 59:13-4 provides that all suits filed
[151 NJSuper Page 192]
against the State under the act shall be in accordance with the rules governing the courts of New Jersey.
On January 26, 1976, pursuant to R. 4:3-3(a) (1) & (3), defendant moved to change the venue from Atlantic County to Mercer County on the ground that venue had not been laid in accordance with R. 4:3-2(a) (2) and on the further ground that a change of venue was required in the interest of justice in light of the severe burden and inconvenience which trial in Atlantic County would pose to defendant. It is undisputed that the work was performed in Mercer County; the cause of action arose in that County; the contract was signed there, and defendant and the records of the job are located there.
Leave to appeal from the trial judge's denial of the motion was granted by this court on August 4, 1976.
A motion for change of venue is governed by R. 4:3-3(a) which provides in pertinent part for such change "if the venue is not laid in accordance with R. 4:3-2 or for the convenience of parties and witnesses in the interest of justice."
R. 4:3-2 provides that:
Venue shall be laid by the plaintiff in Superior Court actions as follows: * * * (2) actions not affecting real property which are brought by or against municipal corporations, counties, public agencies or officials, in the county in which the cause of action arose; (3) except as otherwise provided in [other rules not pertinent to this case] the venue in all other actions in the Superior Court shall be laid in the county in which the cause of action arose, or in which any party to the action resides at the time of its commencement, or in which the summons was served upon a nonresident defendant.
Venue was laid in Atlantic County, the residence of one of the plaintiffs. The cause of action arose in Mercer County. The trial judge ruled that venue was laid in accordance with R. 4:3-2(a) because subsection (3) and not (2) applies to the circumstances of this case. Specifically, the trial judge found that defendant is not a "public officer" nor is the Department of Transportation a "public agency" within the
[151 NJSuper Page 193]
meaning of subsection (2). J.J. Nugent Co. v. Sagner , 141 N.J. Super. 591, 596 (Law Div. 1976).
In reviewing the status of the prior law as well as the general state of the law at the time the rule was promulgated, the trial judge was attempting to ascertain whether there was "something about the language [of the rule] or its effect" which would compel him to construe it other than according to it the generally accepted meaning of its words. Downey v. Jersey City Bd. of Ed. , 74 N.J. Super. 548, 552 (App. Div. 1962). Stated differently, the trial judge was seeking to construe the rule, giving "due regard [for] the old law, the mischief resulting therefrom, and the enacted legislative remedy for the eradication of the evil." Health Dept. v. Sol Schnoll Dressed Poultry Co. , 102 N.J. Super. 172, 176 (App. Div. 1968). The application of these principles led the judge to conclude that there was no evidence that the rule at issue here was specifically designed to remedy abusive practices in suits against the State.
The trial judge further concluded that the existence of the doctrine of sovereign immunity in 1949 when the court rules, and in particular R. 4:3-2(a)(2), were adopted, did not strongly support the view advanced by plaintiffs that the draftsmen did not contemplate a direct suit against a branch of government and never intended to include the State and its officials within the terms "public agency or official" in R. 4:3-2(a)(2). We agree with the trial judge's conclusion in this regard and note that while sovereign immunity was still the general rule, some limitations thereon had already been established by legislation and judicial decree. Moreover, the venue rule in question applies to suits "by or against" a public agency or official, a clear indication that the draftsmen did not have the doctrine of sovereign immunity in mind when the predecessor to R. 4:3-2(a)(2) was developed. Consequently, the existence of the doctrine of sovereign immunity in 1949 is of little significance as an aid to construction of the rule.
[151 NJSuper Page 194]
In concluding that venue was properly laid in Atlantic County under R. 4:3-2(a)(3), the trial judge determined that the rule was ambiguous and utilized the ejusdem generis rule of construction as a basis for his determination that defendant and the Department of Transportation do not fall within the meaning of the terms "public agencies or officials."
The rule of ejusdem generis is set forth in Transcontinental Gas Pipeline Corp. v. Dept. of Conservation & Development , 43 N.J. 135 (1964) as follows:
The trial judge noted that the terms "public agencies or officials" are immediately preceded by the terms "municipal corporations, counties." He therefore reasoned that the scope of public agencies or officials should not be given their broad general meaning but should be construed to embrace only public agencies and officials similar in nature to the specific government bodies listed, i.e. , local agencies or officials, not state agencies or officials. We disagree.
It is our view that greater effect should have been given to the literal meaning of the language of the rule and that the trial judge should not have applied the rule of ejusdem generis.
Accord, State in Interest of L.B. , 99 N.J. Super. 589, 598 (J. & D.R. Ct. 1968). Similarly, "[i]n the absence of an explicit indication of a special meaning, the words of a statute are to be given their ordinary and well understood
[151 NJSuper Page 195]
meaning." Safeway Trails, Inc. v. Furman , 41 N.J. 467, 478 (1964), cert. den. 379 U.S. 14, 85 S. Ct. 144, 13 L. Ed. 2d 84 (1964). Accord, Service Armament Co. v. Hyland , 70 N.J. 550, 556 (1976). In our opinion, defendant falls within the literal meaning of the rule and there is little in the history of the rule or the circumstances surrounding the adoption of its predecessor which militates for a contrary construction. Under the circumstances, application of the ejusdem generis rule is uncalled for and, in effect, creates more ambiguities than it resolves. Extrinsic aids to construction should not create ambiguity. Safeway Trails, Inc. v. Furman , 41 N.J. supra at 482.
The predecessor to the rule was R.R. 3:3-2 which included the language "municipal corporations or counties or public agencies or officials," Rabin v. Pollit , 11 N.J. Super. 127, 128 (Law Div. 1950), instead of the current "municipal corporations, counties, public agencies or officials." We believe the use of the disjunction "or" between each term in the original rule indicates that the four terms were intended to delineate four distinct categories. This counters the mandate of the ejusdem generis rule as applied by the trial judge insofar as that rule establishes the first two terms as limitations on the scope of the latter terms. Additionally, we view the deletion of the word "or" from the current rule as a grammatical change not intended to alter the meaning of the rule but merely an attempt to make the rule more readable so that the rule, even in its present form, is intended to be read in pertinent part "municipal corporations or counties or public agencies or officials."
Furthermore, application of the rule of ejusdem generis has been rejected where, as here, the rule or statute is not ambiguous.
In State v. Goodman , 9 N.J. 569 (1952), the court was called upon to determine whether a Deputy Director of the Newark Department of Public Affairs and an inspector in the Newark Department of Health were "officers" within
[151 NJSuper Page 196]
the meaning of the extortion statute, R.S. 2:127-1, which provided:
Any judge, magistrate, sheriff, coroner, constable, jailer or other officer who shall by color of his office, receive or take any fee or reward whatsoever not allowed by law for doing his office, shall be guilty of a misdemeanor.
The argument was advanced that since the statute specifically listed officers who carry out the judicial process, the general term "other officer" should be limited to those connected with the judicial process. The court, without referring to the rule of ejusdem generis by name, refused to limit the scope of the statute to persons connected with the judicial process, especially in view of a long history of convictions under this statute of persons not related to the judicial process.
In Downey v. Jersey City Bd. of Ed. , 74 N.J. Super. 548 (App. Div. 1962), we found that the terms "any office, employment or position" in N.J.S.A. 40:69A-208(a) referred to "independent" boards, departments or bodies as well as subordinate boards, departments or bodies.
(a) No subordinate board, department, body, office, position or employment shall be created and no appointments shall be made to any subordinate board, department or body, or to any office, employment or position, including without limitation patrolmen and firemen, between the date of election of officers and the date the newly elected officers take office under any optional plan.
In so ruling we stated that
See also, Edwards v. Moonachie , 3 N.J. 17, 23 (1949).
[151 NJSuper Page 197]
Moreover, examination of the use of the terms "public officer" and "public agency" elsewhere in the Rules Governing the Courts of New Jersey supports our conclusion that, as used in R. 4:3-2(a)(2), the words "public agencies and officials" must be accorded their plain and ordinary meaning. R. 4:71, entitled "Appeals from Local Agencies," includes the language "local officer, board, body or commission," which indicates that the draftsmen would have used the word "local" in R. 4:3-2(a)(2) if they intended it to apply only to those public agencies or public officials that are confined to a local presence. Similarly, where the scope of a rule involving a governmental agency or officer is intended to be limited, the referential word "thereof" often appears: R. 4:28-4(a) ("subdivision or an agency or officer thereof"); R. 1:15-1(c) ("attorney for the municipality * * * or any agency or officer thereof"). Here, the absence of the word "thereof" is further evidence that the rule in question should be given a broad construction. Also, the use of the term "agency" in R. 1:9-6(a) and the subsequent use of the term "administrative agency" in subsection (c) of the same rule leads us to believe that "agency" was intended to be a broad, all-encompassing term, and that if a specific kind of agency were the subject of the rule in question, more specific language would have been used.
In addition, when the draftsmen intended that a rule apply to the general class of public officials or officers, they used the term "public officers." See, e.g., R. 4:26-7; R. 4:34-4; R. 1:9-6. A senior division material inspector of the State Highway Department, now a part of the Department of Transportation pursuant to N.J.S.A. 27:1A-3, was held to be a public officer in Pfitzinger v. Bd. of Trustees, etc., Retirement System , 62 N.J. Super. 589, 602 (Law Div. 1960). Given this, his superior officer, defendant Commissioner, clearly falls within the general category of public officers. In Manshel v. Agger , 131 N.J. Eq. 444, 447 (Ch. 1942), the Commissioner of Banking was held to be a public
[151 NJSuper Page 198]
officer. The virtual interchangeability of the terms "public officer" and "public official" in the context of this case is further supported by the classic definition of "office" contained in Fredericks v. Board of Health , 82 N.J.L. 200, 201 (Sup. Ct. 1912), which clearly demonstrates that defendant holds an office or, in other words, is an official.
An office is a place in a governmental system created or recognized by the law of the state which, either directly or by delegated authority, assigns to the incumbent thereof the continuous performance of certain permanent public duties.
Also, it is noteworthy that an engineer with the Highway Department has been considered a public official for the purpose of immunity to personal liability for good faith acts performed in his official capacity. Bedrock Foundations, Inc. v. Geo. H. Brewster & Son, Inc. , 31 N.J. 124 (1959).
We are mindful that agencies or officers such as the Department of Transportation and defendant are often referred to as "state agencies" or "state administrative agencies" and "state officers," respectively. See, e.g., R. 2:2-3; R. 2:4-1(b). Cf. De Rose v. Byrne , 135 N.J. Super. 273 (Ch. Div. 1975), vacated 139 N.J. Super. 132 (App. Div. 1976); Keenan v. Essex Cty. Bd. of Chosen Freeholders , 106 N.J. Super. 312 (App. Div. 1969). In Pfleger v. Dept. of Transportation , 98 N.J. Super. 386 (Ch. Div. 1967), rev'd 104 N.J. Super. 289 (App. Div. 1968), the Department of Transportation was held to be a state administrative agency within the meaning of the predecessor to R. 2:2-3. Nevertheless, we do not believe that the absence of the word "state" or "administrative" from R. 4:3-2(a)(2) evidences an intention to exclude state agencies and officers from the scope of "public agencies or officers."
Furthermore, we do not believe that the distinction between "the State" and "public agencies" drawn in the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. ,
[151 NJSuper Page 199]
which was passed contemporaneously with the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1 et seq. , under which this suit was brought, necessarily means that those terms are always to be construed as mutually exclusive. The overall term used to define those public bodies liable to suit in tort under the Act is "public entity," which includes:
The State is defined as
Clearly, the Department of Transportation falls within the definition of "State." However, in the absence of an explicit reference to "State" in the definition of "public entity," we would have no difficulty in holding the Department of Transportation a "public agency" within that definition. The mere fact that the Legislature sought to make the statute a bit more clear by providing a precise definition of "State" should not be construed as evidencing an intention to distinguish "the State" from "public agencies" for all purposes.
We find little support for plaintiffs' claim that R. 4:3-2 (a) (2) was simply not intended to apply to entities having a statewide presence as opposed to a local presence, e.g. , municipalities, counties and local agencies. Interestingly, the Department of Transportation is divided into four regional districts with respect to the issuance of highway construction and maintenance permits. N.J.A.C. 16:41-1.
Having concluded that the trial judge's construction of the rule was in error, venue should then be transferred to Mercer County where the cause of action arose. Diodato v.
[151 NJSuper Page 200]
Camden Cty. Park Comm'n , 136 N.J. Super. 324 (App. Div. 1976). See also, Engel v. Gosper , 71 N.J. Super. 573 (Law Div. 1962); Countrywood Estates v. Donnelly , 42 N.J. Super. 456 (App. Div. 1956).
In view of our conclusion aforesaid, we need not and do not reach the question of whether the State was entitled to a transfer of venue to Mercer County for the convenience of parties and witnesses in the interest of justice. R. 4:3-3 (a) (3).
Reversed and remanded to the Law Division, Atlantic County, with a direction that an order be entered transferring the cause to the Law Division, Mercer County.
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A Good Deal: No Evil 022
Round up4.33 / 5.00 1,269 Views
Park Bench
A short film about a park bench4.07 / 5.00 909 Views
frog thing
frogggsgsgs3.90 / 5.00 1,045 Views
Not original in the slightest but...
...the graphics were pretty funny. As for the audio, I know its been available on the internet for a long time but give credit where credit is due. "Usage of the Word Fuck" (this) is a bit George Carlin did decades ago.
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text:
Green salad – there's a small selection of very fresh, chopped vegetables here. Iceberg lettuce, green peas, chickpeas, tomatoes, cucumber slices, and a tangy yogurt dressing go together well and act as a good, not-too-heavy course.Vegetable Pulao – this is seasoned rice with peas. There is a moderate amount of heat added to the rice, but it is very manageable. Kids would be able to handle it with no problem. Vegetable Minister – meatless meatballs. These are a veggie dish that looks like a meatball and tastes rich. Covered in a red sauce, you can see some of the vegetables in the meatball. Just watch out for the parts that look like green beans – they're super spicy! Chicken Curry – Chunks of chicken in a thick curry sauce. The Lamb Curry is also good, tasting more like beef in a thick brown sauce. Paneer Makhani – my favorite. It's an orange sauce with a hint of honey flavor and thick, meaty chunks of mild cheese. Aloo Gobi Masala – although it looks spicy, it's actually just potatoes with yellow sauce. If you've had a touch of something too hot, head for some of this dish and put out the fire! The best part of the meal, after you've filled up on all the different offerings from the main courses, is the dessert. It's really simple but just right – nothing too heavy, just light. Try out either the mango pudding or the Rice Kheer. The mango pudding is perfectly smooth and cool. The mango flavor just melts through the pudding, never overpowering it but remaining refreshingly mild. The Rice Kheer is a rice pudding, buttery rich and light. A selection of warm pastries, Gulab Jamun, is also kept hot in a side pan. The warm, velvety pastry rounds just melt under the touch of your spoon when you dip into the bowl. A Taste of India is a wonderful way to have something a little special for a Sunday brunch, or a nice Saturday night meal. Prices are very reasonable, and the hours are convenient. Have a Taste of India right here in Indiana!
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A Taste of India - A Fort Wayne Original
Posted on April 14, 2014 at 10:00:05 am by Louisa D.
here to see their Waiter on the Way page and access their menu pdf. A row of hot and cold tables is against one wall with piles of clean plates, cups and bowls for you to pick up. You can browse through the different food selections and take just as much – or as little – as you want. Labels are written on cards posted above the glass covers of the tables, so if you're familiar with some of the dishes, this is a good thing. If you're not familiar with any of the dishes, though, just start sampling things in small amounts. Here's a good way to begin: Basmati Rice – a good foundation layer. It's fluffy with a light, flowery taste and it complements any of the main courses on the tables.


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Some laboratory demonstrations on atmospheric optics are presented. The focus is on dispersion effects in mirages, lateral mirages, and inferior mirages produced with small hot plates. We also show a demonstration of the upper-tangent-arc halo, produced with a hexagonal prism, rotating about two axes.
© 2003 Optical Society of AmericaFull Article | PDF Article
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United States District Court, C.D. Illinois, Peoria Division
January 26, 2015
JACK BLANK, Plaintiff,v.KNOX COLLEGE, Defendant.
JOE BILLY McDADE, Senior District Judge.
On September 23, 2014, the above-captioned civil action was removed to this Court from the Circuit Court of Knox County, Illinois pursuant to a Notice of Removal citing several sections of Chapter 89, Title 28 of the United States Code. ( See Doc. 1). Several days later, Defendant, Knox College, filed a motion to dismiss the removed Complaint. (Doc. 4). Plaintiff, Jack Blank, responded by filing an Amended Complaint. (Doc. 6). Defendant parried with another motion to dismiss. (Doc. 8). That motion is now pending before the Court, is fully briefed and ready for ruling. For the reasons stated below the Motion to Dismiss is GRANTED in part.
Plaintiff was a student at Knox College. In the fall semester of 2013, two female students accused Plaintiff of sexual misconduct. At Plaintiff's request, Defendant conducted a grievance hearing[2] to address the sexual misconduct complaints. At this grievance hearing, Plaintiff presented some exculpatory evidence but was not allowed to present all of his evidence. One of his accusers did not appear at the hearing. Plaintiff was not allowed to cross-examine witnesses. After consideration of the information presented at the grievance hearing, including only a partial amount of the information offered by Plaintiff, Defendant determined that Plaintiff's conduct violated its policy against sexual misconduct as to both complainants. Defendant subsequently determined that Plaintiff should be suspended for two terms.
Plaintiff now brings a two count action seeking a preliminary injunction and compensatory relief. In Count I, Plaintiff asserts an Illinois state law breach of contract claim. In Count II, Plaintiff asserts that Defendant violated 20 U.S.C. § 1681, which prohibits sex or gender discrimination by any educational program or activity that receives federal assistance. He seeks to enjoin Defendant from imposing the two-term suspension he has already served, require Defendant to take steps to prevent sex-based discrimination and harassment, expunge all findings of misconduct from Plaintiff's academic record, and compensate him for his expenses in pursuing this lawsuit.
Under Federal Rule of Civil Procedure 8(a)(2), a complaint must include "a short and plain statement of the claim showing that the pleader is entitled to relief." Though detailed factual allegations are not needed, a "formulaic recitation of a cause of action's elements will not do." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). "The complaint must contain enough facts to state a claim to relief that is plausible on its face.'" Bissessur v. Ind. Univ. Bd. of Trs., 581 F.3d 599, 602 (7th Cir. 2009) (quoting Twombly, 550 U.S. at 557; Tamayo v. Blagojevich, 526 F.3d 1074, 1084 (7th Cir. 2008)). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.'" Bissessur, 581 F.3d at 602 (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)).
"In ruling on Rule 12(b)(6) motions, the court must treat all well-pleaded allegations as true and draw all inferences in favor of the non-moving party." In re marchFIRST, Inc., 589 F.3d 901, 904 (7th Cir. 2009) (citing Tamayo, 526 F.3d at 1081 (7th Cir. 2008)). To survive a motion to dismiss under Rule 12(b)(6), a plaintiff's complaint must plausibly suggest that the plaintiff has a right to relief, "raising that possibility above a speculative level.'" EEOC v. Concentra Health Servs., Inc., 496 F.3d 773, 776 (7th Cir. 2007) (citing Twombly, 550 U.S. at 555).
The Court will discuss Count II of the Amended Complaint first because it is the only claim encompassing federal law and the touchstone of this Court's jurisdiction over the matter.
As the Plaintiff himself states in his Memorandum in opposition to the Motion to Dismiss, "to state a claim under Title IX, a plaintiff must allege 1) that he or she was excluded from participation in or denied benefits of or subjected to discrimination in an educational program; 2) that receives federal financial assistance; and 3) that the exclusion was on basis of sex, i.e., gender." (Doc. 11 at 10 citing Torrespico v. Columbia Coll., No. 97 C 8881, 1998 WL 703450, at *17 (N.D. Ill. Sept. 30, 1998)). The Amended Complaint contains an allegation that Knox College is an educational institution receiving federal funds. (Doc. 6 at ¶ 23). The Amended Complaint also contains allegations that Plaintiff was not allowed to fully participate in the grievance hearing. (Doc. 6 at ¶¶28-32). What the Amended Complaint lacks are plausible allegations that the Defendant disallowed Plaintiff from participating fully in the grievance hearing because of his sex.
The closest Plaintiff comes to fulfilling the minimal pleading requirement is Paragraph 32 in which he states:
Defendant violated Plaintiff's civil rights on the basis of gender by denying a portion of relevant evidence he presented at hearing as well as failing to consider all of the relevant evidence he presented in hearing while fully considering any evidence presented by or on behalf of the alleged female victims in making its decision in an arbitrary and capricious manner.
(Doc. 6 at ¶32). Essentially, Plaintiff argues that he was discriminated against because (1) Defendant disallowed him from presenting all of the evidence he deemed relevant and (2) Defendant deemed his accusers' evidence more compelling than some of the evidence he was allowed to present, (3) all because his alleged victims are female. A careful reading of the quoted text reveals that Plaintiff never actually states that the sex of his accusers is the reason why the Defendant acted as it did in the grievance hearing. He leaves it to the Court to infer that connection, which is an unsound manner of pleading a Title IX claim since the crux of such a claim must be intentional sex discrimination. See generally, Parker v. Franklin Cnty. Cmty. Sch. Corp., 667 F.3d 910, 919 (7th Cir. 2012) (reaffirming that the purpose of Title IX is to ensure that federal funds are not used to facilitate intentional sex discrimination). But suppose Plaintiff simply affirmatively alleged: "Defendant violated Title IX when it made adverse evidentiary rulings against me, thereby denying me full participation in an educational program, and found my accusers' evidence more relevant, credible and compelling because my accusers are female and I am male." Even that, by itself, would be insufficient under federal pleading requirements because such a statement would be a mere conclusion. The Supreme Court has explained that when pleading a federal cause of action, mere labels or legal conclusions are entitled to no weight. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Twombly, 550 U.S. at 555).
Defendant contends that Plaintiff is asserting an "erroneous outcome" claim. (Doc. 9 at 3).[3] Under such a claim, the Second Circuit has held a plaintiff must "allege particular facts sufficient to cast some articulable doubt on the accuracy of the outcome of the disciplinary proceeding..." and "particular circumstances suggesting that gender bias was a motivating factor behind the erroneous finding." Yusuf v. Vassar College, 35 F.3d 709, 715 (2d Cir. 1994). In the most analogous case from this judicial circuit, Torrespico v. Columbia College, No. 97 C 8881, 1998 WL 703450 (N.D. Ill. Sept. 30, 1998), the district court explained that it found Yusuf instructive in the apparent absence of Seventh Circuit precedent. Id. at *18 n. 11. While the Torrespico court did not endorse the Yusuf court's apparent requirement that a Title IX plaintiff show "particularized facts" substantiating her claim, the Torrespico court did find that the plaintiff in that case had failed to even provide conclusory allegations that supported his claim. Id. at *18.
Defendant advocates application of Yusuf's particularized fact pleading. (Doc. 9 at 3-4). This Court declines to find that a Title IX plaintiff must present "particularized facts" substantiating his claim. That is a pleading standard found in Federal Rule of Civil Procedure 9(b) that applies specifically to allegations of fraud or mistake. The standard pleading requirements articulated in Federal Rule of Civil Procedure 8 apply here. However, both the Torrespico and Yusuf decisions predate the rejection of the relatively lax pleading standard articulated in Conley v. Gibson, 355 U.S. 41 (1957) (abrogated by Twombly, 550 U.S. 544). Under current precedent, not only must a complaint comply with the literal requirements of Rule 8 of plainly and concisely stating the claims, it must also provide factual allegations in the claims that are sufficient to raise the possibility of relief above the "speculative level, " assuming that all of the allegations in the complaint are true. E.E.O.C., 496 F.3d 773, 776 (7th Cir. 2007) (quoting Twombly, 550 U.S. at 555).
Taking everything in the Amended Complaint as true, Plaintiff has not provided enough factual allegations to allow one to plausibly conclude that Defendant either disallowed Plaintiff from presenting some of his evidence or believed his accusers over Plaintiff due to his sex, or the sex of his accusers. Plaintiff's Memorandum in opposition to the Motion to Dismiss highlights the purely speculative nature of his claim. He writes:
... in the present case, there are several decisions of the board suggesting gender bias including permitting evidence from absent witnesses without Plaintiff being able to question the witnesses, including one alleged victim, regarding their statements as compared to the complete disregard of Plaintiff's two eyewitnesses who were specifically told by the board that their testimony did not matter because the only thing the board was to decide is whether or not the alleged incident occurred.
(Doc. 11 at 13 (emphasis added)). Quite to the contrary, nothing in the Amended Complaint shines any light on how "the several decisions of the board" were motivated by gender bias, as opposed to being gender-neutral acts of simple procedural discretion afforded to the board by the governing rules.
Plaintiff attached to his Amended Complaint a copy of Defendant's Grievance Hearing Procedures as an exhibit. Those procedures explicitly provide that the complainant or respondent (the "parties") or witnesses do not have to appear physically at the hearing; the chairperson of the hearing panel retains the authority to determine the relevancy and appropriateness of any questions; and witnesses not part of the investigation may appear only subject to the discretion of Hearing Panel. ( See Doc. 6-1 at 5-7). Furthermore, nothing in the procedures provided by the Plaintiff purports to limit admissible evidence in the college's grievance hearings to non-hearsay evidence. Moreover, none of the procedures purport to apply to one sex or gender over any other or are of a nature that a court could infer that the procedures are skewed to accommodate one gender over the other. Therefore, the "several decisions" of which Plaintiff complains are all authorized by the College's procedures and the Plaintiff has provided no basis for the Court to conclude that the procedures either (1) are skewed to favor an accuser over an accused, let alone one sex over another; or (2) were manipulated to intentionally disadvantage Plaintiff during the hearing on account of his sex.
The Yusuf court did provide some useful guidance as to how a Title IX erroneous outcome plaintiff could sufficiently allege his claim. 35 F.3d at 715. That court explained that a Title IX plaintiff might proceed as a Title VII plaintiff and plead allegations of statements touching upon gender made by members of the disciplinary panel or the university at large, or perhaps cite patterns-not a single instance-of decision-making that would also demonstrate the influence of entrenched gender discrimination. See id. Plaintiff has not pled anything remotely similar to those foregoing examples. In fact, the Amended Complaint contains no information whatsoever from which a court can fairly conclude Plaintiff's allegation of discrimination is nothing more than a mere label or legal conclusion, which of course is entitled to no weight under Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 555). The claim must be dismissed.
Defendant's Motion to Dismiss (Doc. 8) is GRANTED as to Count II of the Amended Complaint ONLY. The Court expresses no judgment as to the propriety of Count I, an Illinois state law claim. When a court dismisses a claim pursuant to a Rule 12(b)(6) motion, the dismissal must be with prejudice because the claim is not one upon which relief can be granted. Kamelgard v. Macura, 585 F.3d 334, 339 (7th Cir. 2009). Amendment of the claim will only be allowed upon motion and upon a showing that such amendment would not be futile. See Stanard v. Nygren, 658 F.3d 792, 797 (7th Cir. 2011).
Therefore, the Court grants twenty-one days of the date of entry of this Order and Opinion to file a motion to amend along with a proposed Second Amended Complaint attached. Should the Plaintiff fail to file a motion to amend within the time allotted, the Court will decline to exercise its supplemental jurisdiction under 28 U.S.C. § 1367(c) over the remaining state law claim and remand the action to the Illinois Circuit Court of Knox County, Ninth Judicial Circuit.
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In today's session Southwest Airlines Co (LUV) recorded an unusually high (522) contracts volume of put trades. Someone, most probably a professional was a very active buyer of the December, 2016 put, expecting serious LUV decrease. With 522 contracts traded and 8924 open interest for the Dec, 16 contract, it seems this is a quite bearish bet. The option with symbol: LUV161216P00040000 closed last at: $2.35 or 11.3% down. About 640,236 shares traded hands. Southwest Airlines Co (NYSE:LUV) has declined 6.63% since March 2, 2016 and is downtrending. It has underperformed by 14.89% the S&P500.
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Southwest Airlines Co. operates Southwest Airlines. The company has a market cap of $23.95 billion. Southwest is a passenger airline that provides scheduled air transportation in the United States and near-international markets. It has a 10.37 P/E ratio. The Firm serves approximately 100 destinations in over 40 states, such as the District of Columbia, the Commonwealth of Puerto Rico, and approximately seven near-international countries, including Mexico, Jamaica, The Bahamas, Aruba, Dominican Republic, Costa Rica, and Belize.
LUV Company Profile
Southwest Airlines Co. (Southwest), incorporated on March 9, 1967, operates Southwest Airlines. Southwest is a passenger airline that provides scheduled air transportation in the United States and near-international markets. The Firm serves approximately 100 destinations in over 40 states, such as the District of Columbia, the Commonwealth of Puerto Rico, and approximately seven near-international countries, including Mexico, Jamaica, The Bahamas, Aruba, Dominican Republic, Costa Rica, and Belize. The Firm added its first three destinations in Central America (San Jose, Costa Rica, Belize City, Belize, and Liberia, Costa Rica) and also commenced Southwest service to a fourth destination in Mexico (Puerto Vallarta). Southwest operates a total of approximately 704 Boeing 737 aircraft. The Firm also added approximately 20 domestic nonstop destinations from Dallas Love Field. Southwest offers a total of 180 weekday departures to over 50 nonstop destinations from Dallas Love Field. In addition, the Company added over eight international nonstop destinations from a newly constructed five-gate international terminal at Houston's William P. Hobby Airport.
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Cameras I own
Cameras I own
8 Pins43 Followers
Polaroid 640 landcamera Everyone needs a polaroid in their collection. This has been in my family from new and was passed down to me in the 1990s Although you can't get polaroid film anymore, the impossible project has just about sorted out an alternative. the first lot was very poor, but their latest seems pretty good - but takes 30mins to develop instead of 30 seconds. still the photo qaulity is pretty good


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|Publication number
|Publication type
|Application number
|PCT number
|Publication date
|Aug 20, 1985
|Filing date
|Dec 27, 1983
|Priority date
|Dec 27, 1983
|Fee status
|Also published as
|Publication number
|Panagiotis I. Kordomenos
|Original Assignee
|Ford Motor Company
|Export Citation
|BiBTeX, EndNote, RefMan
|Patent Citations (19), Referenced by (18), Classifications (21), Legal Events (5)
|External Links: USPTO, USPTO Assignment, Espacenet
This invention relates to the synthesis of chain extended epoxy-ester resins suitable for cationic electrodeposition. The resins are formed by first chain extending high molecular weight polyepoxides with polyfunctional acid compounds, to form epoxide functional esters which are subsequently reacted with secondary amine. The resins are made water dispersible via neutralization with an acid and crosslinked, during curing on the substrate, preferably with the aid of blocked isocyanates derivatives.
The coating of electroconductive substrates by electrodeposition is an important industrial process. In this process, a conductive article is immersed as one electrode in a coating composition made from an aqueous dispersion of film-forming polymer. An electric current is passed between the article and a counter electrode in electrical contact with the aqueous dispersion until a desired amount of coating is produced on the article. The article to be coated can made the anode or the cathode depending upon the ionic nature of the coating system.
Cationic coating compositions generally are derived from resinous compositions containing a basic nitrogen atom which can be neutralized with an acid and then be dissolved or dispersed in water. Sufficient basic nitrogen atoms should be present so that the dispersibility or solubility can be obtained with a minimum amount of acid. The most commonly employed type of cathodically electrode depositable resins are made by reacting a polyepoxide resin with amine at elevated temperatures, as exemplified in U.S. Pat. No. 4,137,140 to Belanger, U.S. Pat. No. 4,182,831 to Hicks, and U.S. Pat. Nos. 3,922,253 and 3,947,338 to Jerabek et al. Marchetti et al in U.S. Pat. No. 4,104,147 disclose chain-extended polyepoxide which is adducted with a secondary amine, wherein the chain-extended polyepoxide is made by reacting a high molecular weight epoxide with an organic polyol. May, in U.S. Pat. No. 3,719,626 discloses amine adducts of polyepoxides, wherein the polyepoxide includes epoxidized polyesters obtained by reacting an unsaturated polyhydric alcohol and/or an unsaturated polycarboxylic acid. Aqueous coating compositions of these resins are made by reacting the resin with a water soluble acid and subsequently dispersing the resin in water. The coating compositions are deposited on a substrate and crosslinked at elevated temperatures by means of an agent which is capable of reacting with the hydroxyl or amine functionality of the resin during curing to form a thermoset film. The crosslinking agent, which is generally a blocked isocyanate, may be incorporated into the resin molecule as is taught in the Jerabek et al patents or, as is more generally the case, the crosslinking agent may be present in the aqueous coating bath so as to codeposit with the resin.
The compositions of this invention are water dispersible, cathodically electrodepositible resins. These resins are characterized in that they comprise the reaction product of: (A) epoxide functional esters and (B) secondary amines, wherein the ester and the amines are reacted in amounts sufficient to react essentially all of the epoxide groups of the ester with the amides. The epoxide functional ester (A) is formed by chain extending (a) polyepoxide having (i), on average, at least 2, and preferably only 2, epoxide groups per molecule and (ii) a molecular weight of at least about 350 with (b) polycarboxylic acid bearing at least 2, and preferably only 2, carboxyl groups per molecule. The polyepoxide and polycarboxylic acid are reacted in amounts sufficient to provide between about 0.1 and about 0.8 acid groups per epoxide groups. The resin is dispersible in water with the aid of water soluble acid to provide cationic groups in the resins.
Crosslinking of the resin during curing preferably takes place by means of blocked (i.e., capped) isocyanate groups which may be incorporated into the resin molecule or, more preferably, by means of a fully blocked isocyanate which is codeposited with the resin from the coating bath.
This application is directed to the resin described above as well as to an aqueous coating composition comprising these resins.
It has now been found that resins formed from polyepoxides which have been chain extended with polycarboxylic acids according to this invention, as compared to prior art resins, particularly those made from diol extended polyepoxides, provide coating compositions with improved flexibility, excellent adhesion over oily steel substrates, and higher rupture voltages on electrodeposition.
The invention of this application is directed to a cathodically electrodepositable, water dispersible, resin as has been described briefly above. Each of the components employed in making this resin will hereinafter be described in detail.
The polyepoxide utilized to form the electrodepositable resins of this invention is a polymeric material containing two or more epoxy groups per molecule, and preferably two per molecule wherein, additionally, the epoxide groups preferably are terminal epoxide groups. The polyepoxides are of relatively high molecular weight having molecular weights of at least 350, preferably within the range of 350 to 2000. The polyepoxides can be essentially any of the well-known types such as polyglycidyl ethers of polyphenols, for example, bisphenols such as Bisphenol A. These can be produced by etherification of a polyphenol with epihalohydrin in the presence of alkali. The phenolic compound may be bis(4-hydroxyphenyl)-2,2-propane, 4,4'-dihydroxybenzophenone, bis-(4-hydroxyphenyl)-1,1-ethane, bis(4-hydroxyphenyl)-1,1-isobutane, bis(4-hydroxytertiarybutyl-phenyl)2,2-propane, bis(2-hydroxynaphthyl)methane, 1,5-dihydroxynaphthalene, or the like. In many instances, it is desirable to employ such polyepoxides having higher molecular weights and containing aromatic groups. This can be provided by reacting the diglycidyl ether above with a polyphenol such as Bisphenol A, and then further reacting this product with epichlorohydrin to produce a polyglycidyl ether.
Another quite useful class of polyepoxides and polyglycidyl ethers of phenolic novolak resins.
Also suitable are the similar polyglycidyl ethers of polyhydric alcohols which may be derived from such polyhydric alcohols as ethylene glycol, diethylene glycol, triethylene glycol, 1,2-propylene glycol, 1,4-propylene glycol, 1,5-pentanediol, 1,2,6-hexanetriol, glycerol, bis(4-hydroxycyclohexyl)-2,2-propane and the like.
There can also be used polyglycidyl esters of polycarboxylic acids.
The polyglycidyl ethers of polyphenols are the preferred polyepoxides for use in the practice of the present invention. Preferred polyglycidyl ethers of polyphenols have molecular weights of at least 350, preferably within the range of 350 to 2000, and epoxy equivalents within the range of 180 to 1000.
Numerous such polyepoxides are commercially available, for example, under the trademark Epon, from Shell Chemical Co., (Houston, Tex.) and Araldite, from Ciba-Geigy (Ardsley, N.Y.).
As would be apparent to one skilled in the art mixtures of polyepoxides may also be employed as the polyepoxide in this invention.
The polycarboxylic acids employed in this invention bear at least two carboxyl groups per molecule, and preferably these acids contain only two carboxyl groups per molecule. Suitable polyacids include saturated or unsaturated, cyclic or acylic, aliphatic or aromatic polycarboxylic acids or a mixture thereof. Acylic aliphatic acids are generally preferred in view of the enhanced flexibility they provide to the cured coatings of the invention.
The preferred dicarboxylic acids have the general formula: HOOC--R--COOH, wherein R is a divalent linking moiety substantially unreactive with the polyepoxide. Particularly preferred are those dicarboxylic acids wherein R is selected from the group comprising a straight or branched alkylene or alkylidene moiety, preferably of about 4-42 carbons, for example, (CH2)n, wherein n is preferably from about 4 to about 42, and the like or a mixture thereof. Dicarboxylic acids of this character have been found to provide good reactivity with the preferred diepoxides described above and to provide, ultimately, cured coatings of the invention having excellent physical properties, most notably improved flexibility, excellent corrosion protection including steel substrates and higher mixture voltage thus resulting in improved corrosion protection. Preferably the dicarboxylic acid has a number average molecular weight (Mn) between about 145 and about 1000, more preferably about 570.
Exemplary dicarboxylic acids include adipic acid, 3,3-dimethylpetanedioic acid, benzenedicarboxylic acid, phenylenediethanoic acid, naphthalenedicarboxylic acid, pimelic acid, suberic acid, azelaic acid, sebacic acid, and the like or a compatible mixture of any of them. While dicarboxylic acids according to the above formula can be used, wherein R is an alkylene chain of less than 4 carbons, for example, oxalic acid, malonic acid, succinic acid, glutaric acid and the like, these are less preferred in view of the somewhat lesser degree of flexibility provided thereby. Similarly, preferred aromatic dicarboxylic acids are those wherein the carboxylic groups are more spaced apart, for example, 1,4-benzene-dicarboxylic acid and 2,7-naphthalenedicarboxylic acid.
The most preferred dicarboxylic acids are substantially saturated, acyclic, aliphatic dimer acids, which are well known to the skilled of the art and readily commercially available. These are typically the dimerization reaction products of fatty acids which have from 4 to 22 carbons and a terminal carboxyl group (i.e., forming dimer acids having from 8-44 carbons). Of these, a dimer acid of 36 carbons is most preferred since it provides excellent reactivity with the preferred diepoxides described above. In addition, a dimer acid of 36 carbons is readily commercially available, for example, as Empol 1014 (trademark). Empol 1016 (trademark) and Empol 1018 (trademark), each available from Emery Industries, Inc., Cincinnati, Ohio. It should be recognized that most or all commercially available dimer acids contain some portion of trimer acid, typically, for example, about 5-10% by weight, but in some cases as much as 30% or more, and also contain a usually smaller portion of monocarboxylic acid. As used herein, the term "dimer acid" includes those containing such amounts of these materials. Most useful in the present compositions are products that contain mostly dibasic acid and none of low amounts of tribasic and monobasic acids.
The polycarboxylic acid reactant suitable for use in the present invention may comprise acids having more than two carboxyl groups per molecule, e.g., trimer acids, such as Empol 1040 and Empol 1041 (trademark of and available from Emery Industries Inc.).
While polycarboxylic acids having more than two carboxyl groups per molecule may be employed as the polycarboxylic acid reactant in this invention, when employed, such polycarboxylic acids preferably only comprise a portion of the acid reactant. More preferably, the polycarboxylic acid reactant of the invention of this application comprises at least 50 percent dicarboxylic acid, and most preferably at least 80 percent dicarboxylic acid.
In the practice of preparing the resins of the present invention, the polyepoxide and the polyacid are combined and reacted at elevated temperatures, generally in the presence of a catalyst, in amounts which provide between about 0.1 and about 0.8, preferably between about 0.4 and about 0.6, most preferably about 0.5 acid groups per epoxide group. By means of this reaction, the polyepoxide is chain extended to form an epoxide functional ester. The chain extension reaction is complete when all of the acid groups have been reacted with epoxide groups as can be determined by means such as Infrared Absorption. The chain extension is generally carried out at temperatures of about 120� to 175� C. in the presence of an inert solvent. Catalysts which may be employed to catalyze the epoxy/carboxyl reaction are well known in the art. Among numerous such catalyst, which may be so employed, are the tetraalkyl ammonium salts such as tetramethyl ammonium chloride, tetraethyl ammonium bromide and trimethyl benzyl ammonium chloride as well as metal salts of carboxylic acid, such as potassium octoate or chromium III octoate. Other useful esterification catalysts include metal halide such as chromium trichloride, ferric chloride and aluminum trichloride; mercaptans and thioethers such as octyl mercaptan, dimercapto propanol and dimercapto diethyl ether; tertiary amines such as triethyl amine, pyridine, dimethylandine, quinoline, B-picoline, ethylpyridine, and the like. Still other catalysts known to catalyze carboxyl-epoxide reactions will be apparent to those skilled in this art.
The amine used in the preparation of the resin taught in this application is an organic secondary amine, usually a mono-secondary amine, or mixtures of such amines. Mixtures of secondary amines with minor amounts of primary amines may also be used in this invention, care being taken to avoid gelation. The amines are employed in an amount sufficient to react essentially all of the epoxide groups of the ester formed by chain extending the polyepoxides. Reaction of the amine with the chain extended polyepoxide occurs by the amine opening of the epoxide ring thereby forming a higher amine and a secondary hydroxyl group. The reaction is generally carried out at an elevated temperature of from about 100�-150� C., also in the presence of solvent.
Primary amines which may be employed in forming the resin of this invention include, but are not limited to, 2-ethylhexylamine, 2,4-diisopropylhexylamine, and nonylamine.
Exemplary of the wide variety of secondary amines, which may be employed in forming the resin of this invention are di-lower alkyl amines and hydroxyl containing di-lower alkyl amines in which the alkyl groups contain 1 to 4 carbon atoms, such as dimethylamine, dipropylamine, and methyl ethanol amine, dimethylamine and the like. Part of the amine reacted with the polyepoxide can be a polyamine ketimine derivative. The ketimine derivatives can be virtually any polyamine capable of reacting with an epoxide group having at least one secondary amine group and containing primary amine groups. The preferred polyamines are the alkylene polyamine and substituted alkylene polyamines. Especially preferred polyamines are selected from those having the following formula: H2 NRNHRNH2, where R is a difunctional aliphatic group containing from about 2 to 28 carbon atoms. R may represent the same or different radicals in any one polyamine compound. Inert and non-interfering groups may be present on the group R.
Particularly preferred polyamines are those having the formula set forth above wherein R is an aliphatic hydrocarbon group. It is preferred that R be an alkylene group of 2 to 6 carbon atoms. Typical amines which may be used are diethylene triamine, triethylene tetramine, and so forth, and the corresponding propylene, butylene and higher alkylene amines. Other amines which may be employed are primary-secondary amines such as N-amino-ethyl piperizine. Teachings relative such amines are found in U.S. Pat. No. 4,148,772, to Marchetti et al, which teachings are hereby incorporated by reference.
As has been taught above, optionally inert solvents may be employed in forming the resin of the invention of this application. Suitable solvents which may be so employed include, but are not limited to, alcohols, ethers, ketones, as well as aromatic hydrocarbons and phthalates. Exemplary of the alcohols are butanol, isopropanol, hexanol, etc. Ethers which may be used include propylene glycol, methyl ether, dipropylene glycol, methyl ether and ethylene glycol ether acetate. Ketones which may be so employed include methyl butyl ketone, methylisobutyl ketone, methylpropyl ketone, methylethyl ketone, etc. Useful aromatic solvents include xylene, toluene, ethyl benzene, etc. Phthalates useful as solvents in this invention include dimethyl dipropyl, dibutyl, and dioctyl phthalates. Some of such solvents may also employed in this invention.
The resins of the coating compositions of the present invention are crosslinked by means of a crosslinking agent which may be included in the resin molecule or more preferably is codeposited with the resin from the coating composition bath. The preferred curing agents are capped isocyanate derivatives. The polyisocyanates should be capped so that they will not react with the active hydrogens of the coating composition resin (such as hydroxyl and primary amino hydrogen functionality) until the coated article is heated to a high temperature sufficient to unblock the blocked isocyanate and cure the coating.
The capped or blocked isocyanates which may be employed in the compositions of the invention may be any polyisocyanate where the isocyanato groups have been reacted with a compound, so that the resultant capped isocyanate is stable to active hydrogens at room temperature but reactive with active hydrogens at elevated temperature, usually between about 90�-200� C.
The polyisocyanate curing agent can be used in two similar ways. The polyisocyanate can be fully capped, that is, no free isocyanate groups remain, and then added to the chain-extended amine-containing resin to form a two-component system. Or, the polyisocyanate can be partially capped, for example, half-capped diisocyanate so that the reactive isocyanate groups remain. The partially capped isocyanate can then be reacted with the epoxide functional esters (prior to their reaction with the secondary amines) through active hydrogen functionalities, i.e., hydroxyl, present in the epoxide functional esters under conditions which will not unblock the isocyanate. This reaction in effect fully caps the isocyanate making it a part of the polymer molecule and a one-component system. The two component system is preferred.
Usually, the reaction of the semi-capped polyisocyanate and the active hydrogen functionality in the epoxide functional esters is conducted at low or moderate temperature, which is generally about 150� C. or less, to preserve the capped isocyanate groups in order to avoid gelation and to retain latent crosslinking sites. Solvent, particularly a water-miscible one such as an ether, ester or ketone, may be used. Usually the reaction is conducted in the presence of a catalyst for urethane formation at a temperature between about 60� C. and 120� C. Whether partially capped or fully capped, sufficient polyisocyanate is present in the coating system so that there are about 0.1 to about 1.0 urethane groups for each active hydrogen.
In the preparation of the capped organic polyisocyanate, any suitable organic polyisocyanate may be used. Representative exampls are aliphatic compounds such as trimethylene, tetramethylene, hexamethylene and butylidene diisocyanate; cycloalkylene compounds such as 1,4-cyclohexane diisocyanate; aromatic compounds such as p-phenylene diisocyanate; aliphatic aromatic compounds such as 4,4'-diphenylene methane diisocyanate, 2,4- or 2,6-tolylene diisocyanate or mixtures thereof. Higher polyisocyanates can be employed such as triisocyanates. Examples include triphenylmethane-4,4',4"-triisocyanate and 2,4,6-triisocyanate toluene.
Any suitable aliphatic, cycloaliphatic, aromatic alkyl mono-alcohol and phenolic compound may be used as a capping agent in accordance with the present invention. These include, for example: lower aliphatic alcohols containing from 1 to 4 carbon atoms, such as methanol, ethanol and n-butyl alcohol; cycloaliphatic alcohols such as cyclohexanol; aromatic-alkyl alcohols such as phenylcarbinol and methylphenylcarbinol; and phenolic compounds such as phenol itself and substituted phenols in which the substituents do not adversely affect the coating operations. Examples of the latter include cresol, nitrophenol, chlorophenol and ethylphenol. Minor amounts of even higher molecular weight, relatively non-volatile monoalcohols may be used, if desired, to serve as plasticizers in the coatings provided by this invention.
Additional capping agents include oximes, such as methyl ethyl ketoxime, acetone oxime and cyclohexanone oxime, and lactams such as epsilon-caprolactam. Use of oximes and lactams is particularly desirable because the polyisocyanates blocked with these agents unblock and react at relatively low temperatures.
The reaction between the organic polyisocyanate and a capping agent is usually exothermic; therefore, the polyisocyanate and the capping agent are preferably admixed at temperatures no higher than 80� C. and preferably below 50� C. to minimize the exotherm effect.
Particularly preferred fully capped isocyanates for use in crosslinking the resin of this invention (as a two-component system) are those taught in applications U.S. Ser. Nos. 334,863 and 334,864 filed Dec. 28, 1981, to Kordomenos et al and entitled, respectively, "Aqueous Compositions Comprising Blocked Polyisocyanate Crosslinking Agent" and Aqueous Compositions Comprising Blocked Isocyanate Crosslinking Agent", the teaching of which applications relative these crosslinking agents is hereby expressly incorporated by reference. By employing these crosslinking agents with the resin of this application, a lower cure temperature can be employed for the coating composition than that which must be used with conventionally blocked isocyanates.
While it is preferred to employ capped isocyanates as the crosslinking agent for the resin of this invention; other compounds may be employed to crosslink the resin, for example, aminoplast and phenoplast resins. Exemplary of such crosslinking resins are melamines, such as those sold by American Cyanamid Company, Wayne, N.J., under the tradename "Cymel". In particular, Cymel 301, 303, 325, 1130, 1156, which are alkylated melamine resins, are useful in this invention.
Neutralization of the resin products is accomplished by reaction of all or part of the amino groups with water-soluble acids, such as formic, proponic, lactic, acetic and butanoic, to just name a few, with acetic acid being preferred. The extent of neutralization depends upon the particular resin and it is only necessary that sufficient acid be added to solubilize or disperse the resin.
Optionally, other such commonly employed materials may be included in the coating composition comprising the dispersed resin disclosed in this application. These optional constituents are generally mixed into the resin reaction mixture prior to the addition of the water soluble acid, although they may be added after the addition of the acid. Such optional constituents include, but are not limited to, plasticizers, pigments, surfactants, wetting agents, and catalysts. Such plasticizers include dioctyl phthalate, polyhydroxy polyethers (e.g., Eponol 52B40 or Eponol 53B40, Shell Chemical Company, Houston, Tex.), hydroxy acrylate (e.g., G-Cure 868, Rohm & Haas Company, Philadelphia, PA) etc. Pigments are generally included in the coating composition bath and may be of any type, comprising, for example, iron oxides, lead oxides, strontium chromate, carbon black, coal dust, titanium dioxide, talc, barium silfate, as well as color pigments such as cadmium yellow cadmium red, chromium yellow and the like. Selection of optimal amounts of these materials which may be included in the coating bath is within the skill of those in the art.
It is sometimes necessary with the blocked isocyanate, in order to insure rapid and complete cure, to have present in the coating a catalyst for urethane formation. The amount of catalyst employed is that amount which effectively promotes reaction in the deposited film, and selection would be within the skill of one in the art. However, if curing temperatures after deposition are high enough, catalyst may not be needed. Also, if a proper blocking agent for the isocyanate is employed, for example, oximes and phenols, catalyst may not be needed.
Besides water, the aqueous medium may contain a coalescing solvent. The use of coalescing solvents provides in some instances for improved deposited film appearance. These solvents include hydrocarbons, alcohols, esters, ethers, and ketones. The preferred coalescing solvents include monoalcohols, glycols and polyols as well as ketones and ether alcohols. Specific coalescing solvents include isopropanol, butanol, isophorone, 4-methoxy-methylpetanone-2, ethylene and propylene glycol, the monoethyl, monobutyl and monohexyl ethers of ethylene glycol and 2-ethyl hexanol. The amount of coalescing solvent is not unduly critical and is generally between about 0.1 and 40 percent by weight. preferably between about 0.5 and about 25 percent by weight based on total weight of the aqueous medium.
The coatings comprising dispersed resin of this invention may be coated onto metal substrates by cathodic electrodeposition methods well known to one skilled in the art. Generally, voltages of between about 50 and about 500 volts are employed for a time of between about 1 and about 4 minutes so as to provide coatings of between about 10 and about 40 microns. After electrodeposition, the coating is cured, usually by baking at elevated temperatures. Temperatures from about 135�-200� C. for about 15 to about 30 minutes are typical. Selection of optimal coating conditions would be well within the skill of one in the art. Those described above are merely suggestive to those typically employed and are not meant to limit the invention of this application.
The invention will be further understood by referring to the following detailed examples. It should be understood that the specific examples are presented by way of illustration and not by way of limitation.
It should be apparent from the foregoing, that the resins of this invention may be employed in forming cathodically electrodepositable coating compositions which find application, as for example, primer or topcoat coatings for metals.
Into a 5 liter reactor were charged 1488 g of 2,4 toluene diisocyanate. 1114 gms of 2-ethyl hexanol were added in a period of two hours under nitrogen blanket, keeping the reaction temperature below 43� C. The product was kept at 43� C. for an additional one-half hour and then heated to 60� C. at which point 383 g of trimethylol propane were added. After the initial exotherm the batch was kept at 115� C. until all the isocyanate groups were consumed as indicated by infrared scan. The batch was then thinned with 1279 gms of 2-butoxy-ethanol, (Crosslinker A).
Into a 5 liter reactor were charged 1205 g of 2,4 toluene-diisocyanate. 784 g of E-caprolactam were added in a period of one hour. After the end of the addition, the batch was kept at 43� F. for 2 hours. At this point the percent NCO conversion was found to be 48.1 by titration method. 410 gms of methyl diethanol amine were added in a period of 45 minutes. The exotherm brought the temperature up to 115� C. An IR scan showed no NCO left after the end of the addition. The batch was thinned with 800 g of 2-butoxyethanol. (Crosslinker B).
Into 2 liter reactor were charged 334 g of a trifunctional aliphatic isocyanate commercially available from Mobay Chemical Co., (Pittsburgh, Pa.) under the trademark L-2291. The temperature was raised to 65� C. and 218 g of benzyl triazole was added in a 2 hour period. One-half hour after the end of the addition, an IR scan showed no NCO left in the product and the batch was thinned with 184 g of 2-butoxyethanol, (Crosslinker C).
Into a 2 liter reactor were charged 966 parts of diglycidyl-ether of Bisphenol A (Epon 829, trademark of and available from Shell Chemical Co., Houston, Tex.), 260 parts of Bisphenol A and 382 parts of Empol 1016 (A dimer acid commercially available from Emery Ind.). The mixture was heated under nitrogen to 160� C. At this point an exothermic reaction brought the temperature up to 199� C. The batch was cooled down to 138� C. At this point the reaction product had an epoxy equivalent weight of 1200, viscosity S (50% solution in 2-butoxyethanol) and acid value zero. To the reaction mixture were added 1220 parts of crosslinker A (Example I), 103 parts of 72% nonvolatile solution of isobutyl diketimine of diethylene triamine in methyl isobutyl ketone and 78 parts of methyl ethanol amine. The reaction mixture was kept at 115� C. for one hour and then 168 parts of hexyl cellosolve were added. The batch was then charged into another reactor and dispersed into a mixture of 45 parts of acetic acid, 40 parts of a surfactant [surfactant composition: 31% Amine C (Ciba Geigy), 31% Surfynol 104 (Air Products and Chemicals, Allentown, Pa.), 5% acetic acid and 33% butyl cellosolve] and 1621 parts water. After the batch was completely dispersed, 2200 parts of water were added.
Into a 2 liter reactor were charged 449 g of Epon 829 (trademark), 166 g of Empol 1024 (Trademark) and 130 gms of Bisphenol A. The reaction mixture was heated up to 154� C. and the exotherm brought the temperature up to 199� C. After 30 minutes the batch was cooled to 138� C. and 282 g of Crosslinker A (Example I), 43 g of diketimine of Example IV and 34 g of methyl ethanol amine were added. The reaction mixture was kept at 115� C. for one hour and then 396 g of Crosslinker B (Example II), and 84 g of hexyl cellosolve were added. The batch was dispersed into a mixture of 21 g of acetic acid 19 g of surfactant (described in Example IV) and 800 g of water. After the batch was completely dispersed, additional water was added to thin the batch to 37% NV.
Into a suitable reactor were charged 966 parts of Epon 829 (trademark), 260 parts of Bisphenol A and 128 parts of azelaic acid. The mixture was heated under nitrogen to 160� C. At this point an exothermic reaction brought the temperature up to 199� C. The mixture was kept at this temperature for one hour and then cooled down to 138� C. The acid value was found to be zero. To the reaction mixture were then added 100 parts of butyl cellosolve, 103 parts of diketimine of Example IV, and 178 parts of methyl ethanol amine. The reaction mixture was kept at 115� C. for one hour and then 1081 parts of crosslinker of Example III were added. The batch was then dispersed into a mixture of 40 parts acetic acid 37 parts of surfactant of Example IV and 1320 parts of water. After the batch was completely dispersed it was thinned down to 37% NV with additional water.
696 parts of 2,4 toluene diisocyanate were charged into a suitable reactor. 357 parts of N-methyl diethanol amine were added dropwise. After 30 minutes the temperature was 50� C. and 100 parts of acetone were added. After 30 minutes the addition was finished and another 100 parts of acetone were added. At this time 52 parts of neopentyl glycol, were added and the reaction mixture was kept at 50� C. for 30 minutes at which time 87 parts of methyl ethyl ketoime were added dropwise in a period of 20 minutes. After the addition was finished the mixture was kept at 45� C. for 30 minutes and then cooled down to room temperature. 200 parts of this resin were mixed with 400 parts of butyl cellosolve, 200 parts of aluminum silicate, 36 parts of lead silicate, 30 parts of carbon black. The resultant slurry was then ground to a Hegman No. 7 reading in a suitable mill.
Electrodeposition baths were individually prepared by mixing 1500 parts of the dispersed resin batch of Examples IV, V, and VI with 400 parts of the millbase of Example VII. In each bath 2300 parts of water were added. Steel panels were coated from each of these baths and had the following properties:
______________________________________ Resin of Resin of Resin ofProperties Example IV Example V Example VI______________________________________Coating Voltage for 320 300 3000.7 mil thicknessBaking Schedule 182� C. � 163� C. � 149� C. � 20 min. 20 min. 20 min.Throwing Power 13 12 12Appearance Excellent Excellent GoodSolvent Resistance Excellent Excellent Excellentin MEKSalt Spray No creepage No creepage Nophosphated Steel at scribe at scribe at scribe340 hrs.______________________________________
Into a suitable reactor are charged 1488 parts of 2,4-toluene diisocyanate. Eleven hundred fourteen (1114) parts of 2-ethylhexanol are added in a period of two hours under nitrogen blanket, keeping the reactor temperature below 45� C. The product was kept at 45� C. for one additional 11/2 hours, and then was thinned with 650 parts of 2-butoxy ethanol. (Half-blocked diisocyanate).
In another reactor are charged 966 parts of Epon 829, 260 parts Bisphenol A and 382 parts of Empol N-1016. The mixture was heated under nitrogen to 160� C. At this point an exothermic reaction takes place that brings the temperature up to 200� C. The mixture is kept at this temperature for 30 minutes and then cooled to 115� C. At this point 760 parts of the half-blocked 2,4-toluene diisocyanate solution (described above) are added. The reaction mixture kept at 115� C. until all the isocyanate groups are consumed as indicated by an infrared scan. To the reaction mixture are then added 103 parts of diketimine of Example IV and 78 parts of methyl ethanol amine. The temperature is kept at 115� C. for another hour and then 115 parts of hexyl cellusolve are added. The batch is then charged into another reactor and dispersed into a mixture of 39 parts of acetic acid, 37 parts of surfactant of Example IV and 1420 parts of water. After the batch is completely dispersed, it is thinned to 37% nonvolatile with additional water. An electrodeposition bath is prepared by diluting 1400 parts of this dispersed resin with 200 parts of water. Phosphated steel panels are coated at 225 volts for 2 minutes to yield smooth, hard films of approximately 13-16 microns thickness when cured for 20 minutes at 120� C.
In view of the disclosure, many modifications of this invention will be apparent to those skilled in the art. It is intended that all such modifications which fall within the true scope of this invention be included within the terms of the appended claims.
|Cited Patent
|Filing date
|Publication date
|Apr 16, 1969
|Feb 8, 1972
|Celanese Coatings Co
|Aqueous dispersions of epoxy resin esters and method of preparing same
|Oct 9, 1969
|Mar 6, 1973
|Shell Oil Co
|Curable aqueous mixture of(1)adduct of polyglycidyl ether and allylamine and(2)carboxylic acid
|Sep 24, 1973
|Nov 25, 1975
|Ppg Industries Inc
|Self-crosslinking cationic electrodepositable compositions
|Feb 5, 1975
|Mar 30, 1976
|Ppg Industries, Inc.
|Method of electrodepositing self-crosslinking cationic compositions
|Aug 18, 1976
|Jun 6, 1978
|Celanese Polymer Specialties Company
|Process for preparing cathodically depositable coating compositions
|Apr 19, 1977
|Aug 1, 1978
|Ppg Industries, Inc.
|Process for cationic electrodeposition of amine acid salt-containing polymers
|Jan 23, 1978
|Sep 26, 1978
|Celanese Polymer Specialties Company
|Cathodic electrocoating resin system from polyepoxide, polyamine, and monoepoxide
|Jun 15, 1977
|Oct 17, 1978
|Dulux Australia Ltd.
|Process for electrocoating aqueous coating composition comprising dispersion in water of ionizable salt of epoxy amine adduct
|Jan 23, 1978
|Jan 30, 1979
|Celanese Polymer Specialties Company
|Cathodic electrocoating
|Feb 24, 1978
|Feb 13, 1979
|Celanese Polymer Specialties Company
|Process for preparing cathodically depositable coating compositions
|Dec 8, 1977
|Apr 10, 1979
|Ppg Industries, Inc.
|Amine acid salt-containing polymers for cationic electrodeposition
|Oct 2, 1978
|Jan 8, 1980
|Celanese Polymer Specialties Company
|Cationic epoxide resinous composition
|Oct 2, 1978
|Jan 8, 1980
|Celanese Polymer Specialties Company
|Cationic epoxide-amine reaction products
|Feb 17, 1978
|Jul 15, 1980
|Vianova Kunstharz, A.G.
|Cathodically depositable binders
|Nov 22, 1978
|Jan 20, 1981
|Grow Group, Inc.
|Process for cationic electrodeposition
|Oct 15, 1980
|Sep 29, 1981
|Ppg Industries, Inc.
|Cationic electrodeposition employing novel mercapto chain extended products
|Jan 9, 1980
|Oct 13, 1981
|Sumitomo Chemical Company, Limited
|Resin composition for electrocoating
|Aug 5, 1980
|Nov 24, 1981
|E. I. Du Pont De Nemours And Company
|Water-borne coating composition made from modified epoxy resin, polymeric acid and tertiary amine
|Nov 20, 1981
|Aug 2, 1983
|Interox Chemicals Limited
|Epoxy resins and emulsions made therefrom
|Citing Patent
|Filing date
|Publication date
|Oct 29, 1986
|May 3, 1988
|The Glidden Company
|Acrylic and acrylic/epoxy copolymer composition as self-curing cathodic electrocoating vehicles
|May 12, 1987
|Jul 26, 1988
|Kansai Paint Company, Limited
|Coating method with crosslinked coatings from two coat-one bake systems
|Feb 25, 1986
|Aug 2, 1988
|Kansai Paint Company, Limited
|Multiple coating method
|Dec 11, 1985
|Apr 4, 1989
|Basf Lacke & Farben Aktiengesellschaft
|Process for multicoat cathodic wet-on-wet painting of metallic conductive substrates
|Jan 9, 1989
|Jan 8, 1991
|Kansai Paint Co., Ltd.
|Process for coating metallic substrate
|Jan 9, 1989
|Apr 30, 1991
|Kansai Paint Co., Ltd.
|Process for coating metallic substrate
|Sep 6, 1988
|Oct 15, 1991
|Vianova Kunstharz, A.G.
|Cationic paint binders containing the reaction product of epoxides and substituted carbamic acid derivatives
|Jun 20, 1990
|Dec 24, 1991
|Ppg Industries, Inc.
|Cationic resin containing blocked isocyanate groups suitable for use in electrodeposition
|Nov 4, 1994
|May 27, 1997
|Ppg Industries, Inc.
|Cationic resin containing capped isocyanate groups suitable for use in electrodeposition
|Oct 1, 1996
|Jun 2, 1998
|Ppg Industries, Inc.
|Cationic resin and capped polyisocyanate curing agent suitable for use in electrodeposition
|Aug 21, 1996
|Oct 13, 1998
|Ppg Industries, Inc.
|Cationic electrocoating compositions, method of making, and use
|Jul 7, 1997
|Apr 6, 1999
|Ppg Industries, Inc.
|Curable compositions composite coatings and process for having improved mar and abrasion resistance
|Oct 7, 1998
|Aug 10, 1999
|Ppg Industries Ohio, Inc.
|Cationic electrocoating compositions, method of making, and use
|Jun 18, 1998
|Feb 1, 2000
|E. I. Du Pont De Nemours And Company
|Cathodic electrocoating composition containing an epoxy resin chain extended with a primary amine
|Dec 23, 1999
|Apr 2, 2002
|Ppg Industries Ohio, Inc.
|Curable compositions composite coatings and process for having improved mar and abrasion resistance
|Apr 7, 2000
|Jul 9, 2002
|Ppg Industries Ohio, Inc.
|Electrodepositable coating compositions including ungelled reaction products of epoxy functional polyesters and amines coated substrates and methods of electrocoating using the same
|Apr 7, 2000
|Aug 20, 2002
|Ppg Industries Ohio, Inc.
|Electrodepositable coating from gelled epoxy-polyester and amine
|Feb 21, 2012
|Dec 12, 2013
|Rudolf Schipfer
|Multi-layer coating films
|U.S. Classification
|528/100, 204/501, 523/417, 524/904, 528/120, 523/415, 528/119, 523/418
|International Classification
|Cooperative Classification
|European Classification
|Sep 19, 1984
Owner name: FORD MOTOR COMPANY DEARBORN, MICHIGAN A CORP OF DE
Free format text: ASSIGNMENT OF ASSIGNORS INTEREST.;ASSIGNOR:KORDOMENOS, PANAGIOTIS I.;REEL/FRAME:004302/0980
Effective date: 19831221
|Nov 21, 1986
Owner name: E. I. DU PONT DE NEMOURS AND COMPANY, WILMINGTON,
Free format text: ASSIGNMENT OF ASSIGNORS INTEREST.;ASSIGNOR:FORD MOTOR COMPANY;REEL/FRAME:004660/0502
Effective date: 19861118
Owner name: E. I. DU PONT DE NEMOURS AND COMPANY, DELAWARE
Free format text: ASSIGNMENT OF ASSIGNORS INTEREST;ASSIGNOR:FORD MOTOR COMPANY;REEL/FRAME:004660/0502
Effective date: 19861118
|Feb 3, 1989
|Fee payment
Year of fee payment: 4
|Jan 19, 1993
|Fee payment
Year of fee payment: 8
|Jan 27, 1997
|Fee payment
Year of fee payment: 12


text:
Military Engineer Services Recruitment 2016 Mate 480 Vacancies:- Hello to the people here and also our team is wishing you Happy New Year 2016 to you. Today we are gathered here so that we can tell you about the latest recruitment that is released by the MES (Military Engineer Services).The notification is released to fill the Mates Vacancies, as per the record there are total of 480 vacancies are required to fill. The procedure is now started and the candidates those are interested about the recruitment can apply through postal mode. The employment is the Group C Vacancies. Well for the people those are here our team has arranged information about the recruitment or job in the MES. For the people those are here they can find the detailed information about the Military Engineer Services Recruitment 2016 Mate 480 Vacancies here we suggest them to read the full post so that they can easily apply for the Military Engineer Services Recruitment 2016.
MES Recruitment 2016 Group C Mates 480 vacancies
MES that is also called as Military Engineer Services this is the special unit of the Indian Army that provides the engineering services or Engineer Support to it. The MES looks and responsible for the design, construction and Maintenance of various buildings, airfields, docks. Due to many of the visitors are here and worried to know about the Military Engineer Services Recruitment 2016 Mate 480 Vacancies so we suggest them to check the information below. Here we have arranged information about education, age, procedures and etc.
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Military Engineer Services Recruitment 2016 Details
|Mate Vehicle Mechanic
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Educational Qualification
The candidates need to have the essential education that is required 10th Passed (Matriculation) with the Industrial Training Institute pass Certificate in the desired category of post.
Age Limit
The candidates those are here need to have in the age that is required as 18 Years to 27 Years and also there is age relaxation policy is applicable for the candidates.
How to apply for the Military Engineer Services Recruitment 2016 Mate 480 Vacancies
- Visit the official website of the MES (Military Engineer Services)
- In the Career tab there is the notification of the employment is available.
- Download the notification and read it carefully, there is application form is attached with it
- Need to take the print out of the application form, fill the application form
- Attach the all documents required and need to send it to the address that is mentioned in the notification.
Official Website: – www.mes.gov.in
Date of Written Examination: 15th May 2016
Click here to download the advertisement of MES Recruitment of MATES


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