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decided: August 9, 1982.
PHILADELPHIA ELECTRIC COMPANY, PETITIONERv.COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA HUMAN RELATIONS COMMISSION AND JOYCE A. ENGLISH,, RESPONDENTS
Appeal from the Order of the Pennsylvania Human Relations Commission in the case of Joyce A. English v. Philadelphia Electric Company, No. E-12163.
Leonard J. Cook, with him John F. Smith, III, Dilworth, Paxson, Kalish & Levy, for petitioner.
Benjamin G. Lipman, Assistant General Counsel, with him Robert S. Mirin, General Counsel, for respondents.
Alan K. Cotler, Pepper, Hamilton & Scheetz, for Amicus Curiae, American Civil Liberties Foundation of Pennsylvania.
President Judge Crumlish, Jr. and Judges MacPhail and Blatt, sitting as a panel of three. President Judge Crumlish, Jr. and Judges Rogers, Blatt, Williams, Jr., Craig, MacPhail and Doyle. Opinion by Judge MacPhail.
[ 68 Pa. Commw. Page 214]
On April 26, 1977, Joyce English applied for the position of Customer Service Representative with the Philadelphia Electric Company (PECO). After she passed successfully all pre-employment tests and otherwise demonstrated her fitness for the job she was seeking, she was referred to PECO's medical department for a physical examination. The medical department uses a weight chart to screen prospective employees. The chart sets forth desirable weights for males and females of a given height and age. The weight standards are liberally administered with a 40 pound tolerance permitted on either side of the desirable weight standard, and, if a person's physical frame is such that an even heavier weight can be accommodated, the standards are not rigidly enforced against such persons.
On the date in question, Ms. English was 27 years old, 5' 8" tall and weighed 341 pounds.*fn1 According to PECO's weight chart, the desirable weight for Ms. English was 140 pounds. The medical department
[ 68 Pa. Commw. Page 215]
classified Ms. English as unsuitable for work at PECO because of her abnormal weight. PECO, thereupon, rejected her application for employment.
Ms. English then filed a complaint with the Pennsylvania Human Relations Commission (HRC) alleging that PECO had refused to hire her "because of her handicap/disability, obesity which does not substantially interfere with her ability to perform the essential functions of the job." PECO responded to the complaint stating that Ms. English was refused employment because she failed to meet (PECO's) medical standards required of all applicants for employment, and denies that obesity is a handicap/disability under the Pennsylvania Human Relations Act (Act).*fn2
After an extensive hearing, the HRC found in favor of Ms. English and ordered PECO to 1) cease and desist from discriminating against any handicapped or disabled applicant for employment unless such handicap or disability would substantially interfere with the applicant's ability to perform the job he or she is seeking 2) pay to Ms. English all sums to which she would have been entitled had she been hired on April 26, 1977 together with interest and 3) offer her the next available Customer Services Representative position or another position comparable thereto in terms of salary, promotional opportunities and duties.
PECO appealed from that order to this Court. The case was argued initially before a panel of this Court and then was directed for reargument. Counsel submit that this is a case of first impression in Pennsylvania. We agree.
Statutory Background
Pennsylvania has had an anti-discrimination statute for upwards of 25 years. Until 1974, Section 5(a) of
[ 68 Pa. Commw. Page 216]
the Act, 43 P.S. § 955(a) prohibited discriminatory practices by employers because of race, color, religious creed, ancestry, age, or national origin. In 1974, "non-job related handicap or disability" was added as a prohibited basis for the denial of employment. The legislative history regarding the amendment is sparse, indeed, but the House Legislative Journal,*fn3 March 5, 1974, p. 3758 et seq. indicates that the need for such legislation was dramatized when some legislators undertook to perform their legislative duties while in wheelchairs. The only recorded comments of the legislators with respect to the pending bill were references to the blind, deaf, wheelchair patients and epileptics.
The 1974 amendment to the Act does not define handicap or disability but it does define "non-job related handicap or disability" as "any handicap or disability which does not substantially interfere with the ability to perform the essential functions of the employment which a handicapped person applies for, is engaged in or has been engaged in. Uninsurability or increased cost of insurance under a group or employee insurance plan does not render a handicap or disability job related." Section 4(p) of the Act, 43 P.S. § 954(p). Since the definition uses the terms it purports to define, it is of little help in a resolution of one of the critical issues in this case, to wit, is obesity or morbid obesity a handicap or disability?
Shortly after Ms. English filed her complaint, HRC undertook to define a "handicapped or disabled person" by the promulgation of regulations which were
[ 68 Pa. Commw. Page 217]
not finally adopted until 1978. The pertinent regulation is found at 16 Pa. Code § 44.4.*fn4
[ 68 Pa. Commw. Page 218]
Pertinent Findings and Conclusions of HRC
From the evidence received at the hearing*fn5 the HRC made the following critical findings of fact, all of which are supported by substantial evidence in the record:
Findings of Fact
10. Joyce English was denied a CSC position by PECO for the sole reason that she failed the medical exam due to her obesity. (Exh. C-4: pp. 14-15, N.T. 167, 187, 194, 2.7)
11. PECO's medical department failed Joyce English in her medical examination because of their belief that massive obesity to the extent present in Ms. English, created a
[ 68 Pa. Commw. Page 219]
high risk that other medical problems would develop which might result in excessive absenteeism and underproductivity. (N.T. 76, 189, 211-212, 2.11)
12. Nothing about Joyce English's health or physical condition on April 26, 1977 suggested that she was medically less well suited than the average person to perform the duties of a CSC. (N.T. 89, 2.15-2.16, 2.25)
13. Nothing about Joyce English's health or physical condition on April 26, 1977 suggested with any reasonable degree of medical certainty that she was likely within the foreseeable future to develop illnesses or diseases which would render her less available for work or less productive. (N.T. 89, 199, 214)
14. On April 26, 1977, PECO considered Joyce English to be qualified for the CSC position and did not believe that her obesity would substantially interfere with her ability to perform the essential functions of the job. (N.T. 76)
19. Joyce English was given a thorough medical examination on September 8, 1977 by Anna Marie Chirico, M. D. Her blood pressure was found to be 128 over 68 in the upper right arm and 120 over 80 in the forearm. There was no evidence of hypertension, diabetes mellitus, or any pulmonary, cardiovascular, or other respiratory or circulatory diseases or problems. (N.T. 80-87)
20. Compared to a person of average weight, a massively obese person has an increased likelihood of developing illnesses and diseases such as coronary heart disease, hypertension, respiratory failure and diabetes mellitus. (N.T. 196, 2.15, 2.44-2.56, 2.59, 2.74)
[ 68 Pa. Commw. Page 220]
. . . .
24. Jobs in the Customer Service Department require a degree of mobility which a severely obese person might not have. (N.T. 215)
27. Obese persons are less agile and more accident prone than non-obese persons. (N.T. 2.15, 2.53)
28. Obesity is commonly defined as the state of weighing 20 per cent or more in excess of one's desirable weight, as determined by Metropolitan Life Insurance Company tables. (N.T. 2.39, 2.40)
29. Morbid obesity is defined as weighing twice one's desirable weight or more; Complainant in this case was morbidly obese. (N.T. 2.44, 2.45)
33. Obesity is positively correlated with the rate of absenteeism due to illness. (N.T. 2.58)
34. Severe obesity can pose a mechanical handicap by interfering with the physical ability to accomplish tasks. (N.T. 2.65-2.73)
Conclusions of Law
5. Morbid obesity is a handicap or disability within the meaning of Sections 4 and 5 of the Act. (43 P.S. 954, 955)*fn6
6. Complainant's handicap or disability did not substantially interfere with her ability
[ 68 Pa. Commw. Page 221]
to perform the duties of Customer Service Clerk.
7. Respondent has unlawfully discriminated against Complainant by refusing to hire her on the basis of her non-job related handicap or disability.
The fair inference from the conclusions of law appearing above is that the HRC has also concluded that on April 26, 1977, Ms. English was a handicapped person.
Burden of Proof and Scope of Review
The burden of proof in a case of this nature is on the complainant and counsel for the HRC. Philadelphia v. Human Relations Commission, 4 Pa. Commonwealth Ct. 506, 287 A.2d 703 (1972). An issue to be resolved in this case is the nature of that burden of proof. We think there is a two-part answer to that question: 1) she must prove that at the time she applied for employment, she was a handicapped person within the meaning of the Act and 2) she must prove that PECO refused to hire her because she was a handicapped person. HRC, obviously, determined that Ms. English sustained her burden of proof as to both elements.
The HRC order must be affirmed if it is in accordance with the law and if there is substantial evidence to support it. Slippery Rock State College v. Pennsylvania Human Relations Commission, 11 Pa. Commonwealth Ct. 501, 314 A.2d 344 (1974).*fn7
1. Did HRC err as a matter of law when it concluded that morbid obesity is a handicap within the meaning of the Act?
[ 68 Pa. Commw. Page 2222]
. Did HRC err as a matter of law when it concluded that Ms. English was a handicapped person within the meaning of the Act when she applied for employment with PECO on April 26, 1977?
3. Did HRC err as a matter of Law when it concluded that PECO's refusal to hire Ms. English was a discriminatory action within the meaning of the Act?*fn8
Morbid Obesity as a Handicap Within the Meaning of the Act
There is no question that on April 26, 1977 Ms. English was morbidly obese. All of the expert testimony indicated that Ms. English's weight was well beyond the "twice the desirable weight" medical definition of morbid obesity.
Inasmuch as the Act has failed to define handicap or disability as those terms are used in Sections 2, 4 and 5 of the Act, 43 P.S. §§ 952, 954 and 955, we must employ the provisions of the Statutory Construction Act of 1972, 1 Pa. C.S. §§ 1501-1991 to determine the intent of the legislature. By the terms of 1 Pa. C.S. § 1903(a), we are instructed that words and phrases are to be construed according to their common and approved usage.
For the purposes of this case, we adopt the following definitions given the words here at issue as set forth in Webster's Third New International Dictionary 1027 and 642 (1966):
handicap: . . . a disadvantage that makes achievement unusually difficult; esp: a physical disability. . . .
disability: . . . a physical or mental illness, injury or condition that incapacitates in any way. . . .
[ 68 Pa. Commw. Page 223]
We also cite with approval a regulatory definition used by the HRC in reaching its determination. That definition defines a handicapped or disabled person as a person who "has a physical or mental impairment which substantially limits one or more major life activities." 16 Pa. Code § 44.4. Although this regulation was adopted after the proceedings in this case were initiated, we believe it is helpful insofar as it reflects the common and approved usage of the terms at issue. We have avoided using alternative definitions which define "handicap" and "disability" in terms of their effect on work performance since in order for discrimination to exist in this case, a handicap must exist which is non-job related.
In applying the above regulation definition to the present case, the HRC pointed to medical testimony in this case to the effect that morbidly obese persons are susceptible to potentially disabling medical problems, that such persons are regularly associated with psychological disturbances and that morbidly obese persons regularly "work at breathing". From that testimony, HRC concludes that since working and breathing are major life activities which may be restricted in morbidly obese persons, all morbidly obese people are handicapped or disabled. HRC contends, therefore, that all that is necessary for Ms. English to prove in the instant case is that she is part of a class that is "generically categorized" as handicapped.
We have searched the record in vain for any testimony that would support the conclusion by HRC that all morbidly obese persons are handicapped. It is certainly true that both HRC and PECO have produced medical testimony that morbidly obese persons are potentially susceptible to several diseases and even premature death, but the HRC medical testimony offered through Dr. Brownell was only that obesity is a
[ 68 Pa. Commw. Page 224]
disability in some people and the most that PECO's medical witness, Dr. Van Itallie, would say is that in morbidly obese persons, disability is "more likely" to occur than in other persons.
We, therefore, reject HRC's argument that if one is morbidly obese, he/she is by virtue of that fact alone, handicapped or disabled within the meaning of the Act. This does not mean, of course, that a morbidly obese person may not be disabled or handicapped, in fact, within the meaning of the Act. Our own conclusion is, therefore, that morbid obesity may be a handicap or disability within the meaning of the Act, but the condition of morbid obesity, alone, is not such a handicap or disability.
Was Joyce English a Handicapped Person on April 26, 1977?
Since we have concluded that Ms. English is not a handicapped or disabled person within the meaning of the Act solely by virtue of the fact that she is morbidly obese, the next issue to be resolved is whether Ms. English was handicapped or disabled on the day she applied for and was denied employment. In Burgess v. Joseph Schlitz Brewing Co., 298 N.C. 520, 259 S.E. 2d 248 (1979), an applicant for employment suffered from glaucoma which was correctable with glasses to 20/20 vision in both eyes. The applicant was denied employment and brought suit against the prospective employer on the grounds that he had been denied employment as a handicapped person. The Supreme Court of North Carolina construed the statute there under consideration, which was not unlike the Act we are called upon to construe here, as protecting those persons who are presently handicapped and not those who suffer from potentially disabling conditions, notwithstanding the requirement that the North Carolina statute was to receive a liberal construction with respect to its remedial provisions.
[ 68 Pa. Commw. Page 225]
The Act here under consideration provides in Section 2 that the practice or policy of discrimination against individuals "because of their handicap or disability" is a concern to the Commonwealth. In Section 4(p), the Act provides that the term "non-job related handicap or disability" means a handicap or disability which does not interfere with the applicant's ability to perform the job he or she is seeking. Section 5 says that it shall be an unlawful discriminatory practice for an employer to discriminate against any one "because of" a non-job related handicap or disability. To us, this statutory language speaks in terms of handicaps and disabilities now existing, for if one has no handicap or disability then there is no condition which could "substantially interfere with the ability to perform the essential functions of the employment which a handicapped person applies for. . . ." Section 4(p) of the Act, 43 P.S. § 954(p) (emphasis added).
In the instant case, there is not even a scintilla of evidence that on April 26, 1977 Ms. English was handicapped or disabled in any manner. She had none of the diseases, none of the physical restrictions, none of the psychological characteristics and, indeed, none of the breathing difficulties to which the medical testimony indicated that she, as a morbidly obese person, was potentially susceptible. The physician who examined Ms. English on September 8, 1977 at the request of HRC, Dr. Chirico, testified that Ms. English had no gastrointestinal problems, no cardiovascular disease or history, no hypertension, no pulmonary disease and no peripheral edema. The physician concluded by saying that there was nothing physically wrong with Ms. English that would prevent her from performing any of the duties of the job she was seeking.
As we have already noted, Ms. English said in her deposition that she was perfectly able to do a regular
[ 68 Pa. Commw. Page 226]
day's work at all times and that work had never bothered her. PECO has admitted that Ms. English could perform the duties of Customer Service Representative.
On the basis of this summary of the evidence we must conclude that on April 26, 1977 Joyce English had no non-job related disability or handicap whatsoever.
It is true, again as we have already noted, that both HRC and PECO have introduced evidence that Ms. English may be handicapped or disabled some day because she is morbidly obese, but it would seem fair to say that every applicant for employment has some potential for handicap or disability and to use any criteria other than the applicant's present condition for a determination of whether or not that person is handicapped or disabled would be to transfer the language of the Act into a universal discrimination law.
Although we have concluded that it is the applicant's present condition which is crucial in determining whether a handicap exists, we note that the HRC found additional support for its conclusion that Ms. English was handicapped by concluding that PECO " regarded " Ms. English as having a handicap. In order to reach the conclusion that Ms. English was handicapped because PECO regarded her as such, the HRC applied a portion of its regulations which defines a handicapped or disabled person as a person who "is regarded as having [a physical or mental impairment which substantially limits one or more major life activities]." Such an impairment is further defined, in part, as one which "does not substantially limit major life activities but that is treated by an employer . . . as constituting such a limitation. . . ." 16 Pa. Code § 44.4.
As previously noted, these regulations were not adopted at the time the instant proceedings were initiated.
[ 68 Pa. Commw. Page 227]
While we have found a portion of the definition useful insofar as we believe it reflects the common usage of the terms, the above cited portion cannot be considered as a commonly approved definition of handicap. Since this broad definition of handicap was not promulgated until 1978, it is not applicable to this case. See Community County Day School v. Department of Education, 51 Pa. Commonwealth Ct. 286, 414 A.2d 428 (1980).
We hold that Joyce English has failed to prove that she was handicapped or disabled within the meaning of the Act at the time she applied for employment with PECO.*fn9
Did PECO Discriminate Against Joyce English Because She Was a Handicapped Person?
While this issue has already been resolved because we have held that as a matter of law Joyce English was not a disabled or handicapped person, we are of the opinion that a little more may need to be said about PECO's actions in this case.
It has always been the rule that an employer may be selective about the persons he employs as long as he does not unlawfully discriminate among the applicants. Discrimination is an ugly condition in society and one who discriminates unlawfully is and should be subject to civil and sometimes even criminal penalties. But, of course, not all discrimination is unlawful. An employer who refuses to hire someone solely
[ 68 Pa. Commw. Page 228]
because that person fails pre-employment tests is discriminating against that person, but not unlawfully.
As we have noted, PECO applied its weight chart to all applicants. The chart has not been attacked as unreasonable. PECO added substantial tolerances on either side of the recommended weight. Persons who exceeded those tolerances were thought to be high risks for absenteeism and low productivity. An employer has a substantial interest in the matters of the absenteeism and productivity of its employees. We believe that an employer has the inherent right to discriminate among applicants for employment and to eliminate those who have a high potential for absenteeism and low productivity.*fn10
In the instant case, PECO says it refused to hire Ms. English because she failed to meet its medical standards. Ms. English and HRC say PECO did not hire Ms. English because she was handicapped. In light of all the testimony we have reviewed in this opinion and especially that relating to the difficulty in ascertaining whether or not Ms. English was a handicapped person within the meaning of the Act, we cannot say as a matter of law that PECO on April 26, 1977 unlawfully discriminated against Joyce English.
Order reversed.
It is ordered that the order of the Pennsylvania Human Relations Commission dated March 31, 1980 be and the same is reversed.
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The restaurant appears very clean, even the bathrooms! Cloth napkins and very nice serving pieces. Food is fresh and nicely presented... I'd suggest ordering one level of spice lower than what you want! I will definitely eat here again
This is a lovely Thai restaurant that has been around for many years. It was one of the first Thai restaurants in Winston-Salem. The other has since closed down. The lunch specials run about seven dollars and include all your favorites. All lunches include a generous bowl of soup or a salad, and delicious light and crisp spring rolls. The... More
The food is always good and the service is always very good. It is a very pleasant place to eat and have plenty of parking. Their prices are quite reasonable and has a most pleasant atmosphere.
Cha-Da Thai can be counted on for good food, good service, little to no wait, and reasonable prices. We've been many times and have never left disappointed. Can you ask for more?
Love this place. Service is fast and friendly, atmosphere is great (lots of light and plants), prices are reasonable, and the food is fantastic. The yellow curry is amazing!
I visited Cha-Da Thai for lunch with a co-worker right as the doors opened for service. A very warm lobby area greeted us, as well as a smiling hostess. My associate's first time eating Thai, I recommended the Fresh Rolls with Shrimp that came with a rich plum sauce, then Tom Yum soup, and ending with the sweet sticky rice... More
I like to come here with friends, but tonight I came by myself. It had been a little while since I had been here but service was excellent as usual. I like to order the Chicken Kaeng Masaman and the Vegetarian Spring Rolls. The food is always good, but I would like a bit more rice with my dishes. It's... More
Went on a Monday night - if you want a quiet night, this is the time to go. We were alone for the first 45 minutes we were there. Spring rolls, two Thai specialties, and everything was fresh and delicious. Service was attentive without being obnoxious. Very pretty restaurant, too. Total bill was under $25 for two, quite a value.
Fresh and flavorful. A little pricey on the duck but my husband said it was worth it. Cheese rolls were heavenly! We eat here often and will return for sure.
I have had lunch here several times recently. The outside is non-descript strip mall, but inside it is pleasant and calm. The service has always been excellent, very friendly, helpful, and accommodating. I love the lunch options, all come with soup or salad and spring roll. I ordered hot tea expecting a small pot of tea, but it was in... More
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West Branch Sacandaga River. is a 8 mile out and back trail located near Caroga Lake, NY. The trail is primarily used for canoeing and is accessible from April until October.
hiking9 months ago
I felt like I was walking forever, I don't think we even made it that far, my friends and I got off the trail and explored up the river after a while and we found some pretty cool things.


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Connecting Families to Senior Living
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We value your privacy. By clicking you agree to the terms and conditions of our privacy policy. You also consent that we can reach out to you using a phone system that can auto-dial numbers (we miss rotary telephones, too!). Your consent is not required to use our service.
Lower Burrell in PA has many independent living, senior apartments and retirement communities. Our Senior Living Advisors have helped families in the Lower Burrell PA area find housing options that meet their unique needs and budget. Request information to talk to a local expert who can offer you an insider's view and time-saving advice.
Choose from over 17 Independent Living communities in Lower Burrell, PA and read 59 reviews with an average rating of 3.9 stars out of 5.
We've helped 224 families in Lower Burrell, PA where Independent Living will typically range from $1500.00 to $8418.00 per month.
At Ark Manor, providing care for senior adults comes from the heart. Each of our residents is a unique individual and our policies and programs respect their dignity, spiritual well-being and independence. We have maintained the harmony and warmth of a loving home that is spacious, clean, safe and...
14 miles from Lower Burrell, PA
Provides: Independent Living in Delmont, PA
Home » Our Services » Residential Services Weinberg Terrace Weinberg Terrace is a wonderful place to call home. Our beautiful residence offers comfortable apartments and elegant common areas, warm, friendly staff, individually tailored personal care services, and three delicious kosher meals each...
15 miles from Lower Burrell, PA
Provides: Independent Living in Pittsburgh, PA
Let us help when help can't be fully provided at home, but skilled care isn't needed. With Personal Care the daily responsibilities can be left to trained caregivers, and quality time can be spent between the residents and their family members. Family members can know their loved one is safe and can...
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Our community is a fun-filled environment and offers luxury apartments for active adults over 55. Stonebrook Village Retirement Community offers luxury apartments for active adults over 55. We are located minutes away from downtown Pittsburgh and convenient to shopping, and entertainment in the...
17 miles from Lower Burrell, PA
Melody Manor Personal Care Home was started 27 years ago and has been family owned and operated since then. We are a 43 bed facility offering semi-private and private rooms. Each room is decorated in a style that offers warmth and comfort. We have trained and qualified staff members that work around...
19 miles from Lower Burrell, PA
Provides: Independent Living in Kittanning, PA
Brookdale Mt. Lebanon is an independent and assisted living community in Pittsburgh, Pennsylvania. Our community has an ideal location just minutes from downtown Pittsburgh, and it is near the best shopping and dining in the city. Residents enjoy our breathtaking views that include rolling hills and...
21 miles from Lower Burrell, PA
Country Manor Assisted living is situated in the borough on the east bank of the Allegheny River, in beautiful Kittanning, Pennsylvania. Our Senior community is second to none at providing the best quality care for your loved one. Here at Country Manor we recognize the importance and emotions...
22 miles from Lower Burrell, PA
For more than a century, Asbury Heights has been a leading continuing care retirement community with a focus on improving the lives of older adults in southwestern Pennsylvania. Through its Living Well at Asbury initiative, older adults receive the benefits of evidence-based practices combined with...
Newhaven Court at Clearview An Assisted Living Community that offers a cozy and home-like atmosphere, combined with a service package with the Royal Touch.
23 miles from Lower Burrell, PA
Provides: Independent Living in Butler, PA
Bethel Park provides a fulfilling, independent lifestyle in a welcoming environment. Situated on lovely grounds in a charming suburb of Pittsburgh, you'll appreciate the scenic beauty of our facilities while appreciating the close proximity to one of the nation's most remarkable cities. Enjoy the...
24 miles from Lower Burrell, PA
Provides: Independent Living in Bethel Park, PA
Life is a celebration at Loyalhanna Senior Suites! In addition to independent living, we offer personal care. Loyalhanna's customized approach to care ensures that each resident maintains as much independence as possible yet receives assistance as needed. We go beyond person-centered care to make...
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Chicken Chow Mein
Total Time
Prep 10 mins
Cook 15 mins
For this quick noodle dish, shredded cooked chicken is stir fried with garlic, ginger, soy sauce and chilli sauce and tossed through crunchy vegetables and tasty noodles - perfect for a quick supper. Why not try making this with different kinds of noodles such as udon or rice noodles?
Ingredients Nutrition
- 175 g noodles
- 2 teaspoons sunflower oil
- 1 onion, thinly sliced
- 2 garlic cloves, thinly sliced
- 1 cm piece fresh gingerroot, peeled and finely chopped
- 175 g bean sprouts
- 175 g snow peas, halved lengthways
- 225 g lean cooked chicken, shredded
- 2 tablespoons soy sauce
- 2 tablespoons sweet chili sauce
- Cook the noodles in a large pan of boiling, salted water according to the packet instructions.
- Meanwhile, heat the oil in a wok, and stir fry the onion over a high heat for 2-3 minutes until beginning to brown. Add the garlic, ginger, bean sprouts and mangetout and stir fry for 1 minute.
- Drain the noodles well and add to the wok, with the chicken and soy sauce; cook for 2 minutes until piping hot. Stir in the sweet chili sauce and serve immediately.
Most Helpful
I liked it. I did not have the sweet chili sauce; maybe that makes all the difference...I used oyster sauce instead...felt like it needed something else and for the noodles to have a little more sauce on them...again, maybe that's where the chili sauce comes it. But I love the ginger and my one son and I ate it all up.


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Brad Pitt Child Abuse Case Reportedly Referred to FBIA source told People, "Brad has been interviewed and is cooperating fully."
UPDATE: Why Did Angelina Jolie Reportedly File For Divorce From Brad Pitt??TMZ reports that Jolie filed for separation partially due to Pitt's parenting methods.
Johnny Depp and Amber Heard Settle Divorce!?!?It's over?
Everybody Loves Raymond Star Dies of Apparent SuicideVery sad news for the cast of "Everybody Loves Raymond"
Rosie O'Donnell Re-Joining "The View" Rosie O'Donnell is officially returning to "The View."
Lindsay Lohan Films Worst Commercial Ever (While Under House Arrest)
American Idol Contestants Spooked Out Of Beverly Hills Mansion!
Another Madonna Stalker Arrested


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HP Patwari Exam Results 2016 and Cut off Marks:
HP Patwari Results 2016: On 13-Aug-2016 Himachal Pradesh Revenue Department has conducted the exam to all eligible candidates. Those who have applied for the HP Patwari Recruitment 2016 has attended the exam and waiting for the HP Patwari Exam Results 2016. Now your wait has come to an end the board is going to realise the HP Patwari Results 2016 soon on its official website @ himachal.nic.in/ candidates can find the official links for HP Patwari Exam Results 2016 here.
Meanwhile candidates can check their HP Patwari Answer Key 2016, as the board has announced that before releasing the official results. They will be announcing the HP Patwari Answer Key 2016.
Check HP Patwari Results 2016 Available Date:
Board Name: Himachal Pradesh Revenue Department.
Post Name: Patwari
No. of Posts: 1120 Vacancies.
HP Patwari Results Date: Sep'2016
HP Patwari Answer Key: Aug/ Sept. 2016.
Those who have completed their Himachal Pradesh Patwari Exams now can check their HP Patwari Results 2016 officially. However, exams have been conducted recently so board will be busy in validating the exam papers. As said by officials they will be releasing the HP Patwari Answer Key 2016 by Sep'2016. Candidates can check back her to get official links to download the HP Patwari Answer Key 2016. Though answer key will provide you most important about your merit list. So candidates will have lot of hopes on their HP Patwari Answer key 2016.
Himachal Pradesh Patwari Results 2016 Answer key:
Himachal Pradesh Patwari Recruitment 2016, was released for the post of Patwari in the revenue department. This Himachal Pradesh Revenue Department deals with the collection of land revenue, commercial taxes etc. This department releases the notifications to recruit the eligible candidates for various government departments. Now that the exams are also over the department is also going to release the answer key for the examination conducted on 13th August 2016 on their official website @ himachal.nic.in. The answer key gives an idea for the applicant's to review their answers and get an idea as to whether they will be selected for the next round or not. Soon, they are also going to release the results for the written exam on their official website.
The exam was conducted on English, Math, Hindi and General Knowledge. The questions are based on 10th standard as the education required is only 10th pass. Those who had practiced well would have easily answered the question paper.
Instructions for Checking HP Patwari Results 2016 Online:
- Log on to the official website @ himachal.nic.in.
- Check home page for "HP Patwari Results 2016" will be displayed on the webpage itself.
- Click on that and log in with your registration number and password.
- It will ask you for the application number, enter the details and wait for the page to download.
- Check with your roll number for the results and review.
- If you are selected, read the instructions properly for the next round intimation.
- Take a print out for future references.
Next round after the written test is personal interview, so candidates who are selected should prepare well for the interview. Keep checking our site for the latest updates on interview tips and tricks. You can also visit our site for the latest updates on answer keys and HP Patwari Results 2016 for official links.
Important Links: HP Patwari Results 2016 Download Links.


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Member alert: Comics People Talent Prize.
There's another contest luring cartoonists with stars in their eyes with promises of fame and fortune.
Well… fame, maybe. As far as "fortune" goes, the top prize is $500.
Comics People (no, I'm not linking to it) is offering an award for indipendent [sic] artists.
Don't believe me? Look at their logo.
Content is hidden from non-members, Join now to read the entire thing!
on December 17, 2015
Posted In: Business


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Need for Electical Engineer ( 3 yrs)
Nutan Enterprises
RS70,000 To 1,75,000Frezarpur
Electrical Engineer
Key Skills : electrical engineer,electronic data processing,electronic design automation,design engineer,electrical incharge,electrical maintenance...
Data Entry Operator ( Fresher)
Indeed India Pvt Ltd
RS70,000 To 1,50,000Kothavalasa, Palwancha, Tadepalligudem, Vijayawada, Visakhapatnam, Barpeta Road, Guwahati, Hojai, Amarpur-Banka, Bhagalpur, Gaya, Jehanabad, Supaul, Mohali ( Chandigarh ), Sector 9 Chandigarh, Bilaspur, Champa
Required Data Entry Operator - Typing Speed More Than 20 to 25 Words per Minute. - You Can Earn Money By Spending 2-6 Hours a Day At Home - Should Be At Least Higher Secondary Passed.
Key Skills : data entry operator,data entry,typing,data processing,data editing,documentation,backend,executive operations
partime job for fresher ( 0 - 1 yrs)
Info Visions
RSLess than 50000 To 1,00,000Guntur, Kurnool, Nellore, Palakurthi, Palwancha, Pamur, Ponnur, Proddatur, Vijayawada, Guwahati, Pathsala, Bhagalpur, Purnia, Patan-Durg, Raipur, Panaji, Pune Suburb, Thane
We Need Passionate People for Customer Service (fulltime Parttime and Homebasis to Contribute in the Promotion & Growth of Our Business. Earn Huge Benefits in Form of Income (weekly/monthly), Freebies & An Excellent Opportunity to Build Your Own Netw...
Key Skills : electronic data processing,data entry,data management,business analyst,electronic mpls...


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Featured Story
WesternU College of Dental Medicine brings dental care to the community
Halfway through its partnership with First 5 LA, Western University of Health Sciences' College of Dental Medicine has provided preventative dental services to more than 15,900 children 5 years old and younger and treatment services to more than 9,100 of these children…
As the first facility of its kind in the area, the WesternU Patient Care Center offers:
- Dental Center
- Eye Care Institute
- Foot & Ankle Center
- Medical Center
- Pharmacy
- Travel Health Center
- Western Diabetes Institute
795 E. Second Street, Pomona CA 91766
The Pet Health Center is a full-service veterinary hospital offering a variety of services, including preventive care, vaccines, routine surgeries such as
spay and neuter, and dental cleanings.
Call today for an appointment.
611 E. Second St., Pomona, CA 91766
Monday-Friday: 7 a.m. – 6 p.m.
Saturday: 8 a.m.-Noon, 1-3 p.m.
Closed Sunday
WesternU Events
Interprofessional Education (IPE)
Collaboration and teamwork among health professionals are important aspects to the delivery of high-quality patient care. A landmark report by the Institute of Medicine suggests health care workforce preparation should include interprofessional education (IPE).
Commencement 2016
Western University of Health Sciences honored its past while celebrating its graduates' bright future at its 35th annual Commencement ceremonies in Pasadena, California.
Click to read more…
WesternU COMP-Northwest Mini-Medical School
During WesternU COMP-Northwest's Mini-Medical School, every kindergartner in the Lebanon, Oregon area has the opportunity to be a physician for the day.
WesternU News
COMP dedicates treadmill desks
WesternU College of Dental Medicine student develops dental emergency app
WesternU College of Graduate Nursing receives 10-year accreditation
Chesapeake Urology welcomed urologist Joel E. Abbott, COMP '09, a specialist in the diagnosis, treatment and management of large and complex kidney stones, to the practice's Glen Burnie office …Read More
Click here to view more news stories…
Click here to view the Communications and Office of Public Affairs website…


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Forgot Password? | Not a User? Sign up
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By LARRY GOFFINET
Sports Editor
MARENGO—Tell City had three of the top eight finishers and five of the top 18 as it won the 10-team Crawford County boys cross country regional Saturday.
Tell City scored 46 points to beat runner-up Christian Academy by 57.
TELL CITY—Perry County Memorial Hospital's team won the Perry County Memorial Hospital Foundation's 11th annual Don Etienne Memorial Golf Classic last Monday.
TELL CITY—Pat Jarboe has resigned as Tell City's boys soccer coach after two years on the job.
The Marksmen went 0-12 this season, including a 6-0 loss to Northeast Dubois in the sectional. They scored four goals for the season.
They also went 0-12 last year with four goals in Jarboe's first season. That was an improvement from the previous season when they also went 0-12 but scored only one goal under Jarboe's predecessor.
CAMPBELLSBURG—Abby Reed made 15 kills as Perry Central overcame a first-set loss to beat West Washington 20-25, 25-12, 25-15, 25-23 in PLAC volleyball Thursday.
Payton Emmons and Terissa Roark each added eight kills and Ryann Lynch made seven.
Roark made two blocks and Latisha James added one.
Addy Davis had a season-high 35 assists.
Lynch made 27 digs, Courtney Berger 17, Davis 14, Brooke Mullis 13, and Brooke Lasher 12 as the Commodores had one of their best defensive matches of the season.
I had heard rumors that Tell City was interested in leaving the Pocket Athletic Conference to join the Patoka Lake Athletic Conference, and Tell City Principal Brad Ramsey confirmed Oct. 5 that Tell City had applied for PLAC membership.
But two days later he told me Tell City had withdrawn its application.
Apparently several parents had complained about the proposed move. I can understand some of their reasons, as the PLAC doesn't have all the sports Tell City offers: wrestling and boys and girls swimming, soccer and tennis.
MITCHELL—Perry Central committed six turnovers and Mitchell scored touchdowns off three of them to beat the Commodores 47-14 in PLAC football Friday.
Mitchell already led 6-0 when a Perry Central runner fumbled at his own 45-yard line and Mitchell's Ethan Bohnenkamp recovered the ball.
Mitchell quarterback Tyson James then completed a 37-yard pass to Bohnenkamp. That led to Gage Smith's 10-yard touchdown run two plays later.
Perry Central's next drive ended with an interception.
By MIKE SPRAGUE
Sports Correspondent
FERDINAND—Tell City was unable to score in a 20-0 loss at Forest Park in PAC football Friday.
The Marksmen put together a nice opening drive that started from their 27. Tell City ran the ball nine times using Mason Stephens, Joey Ingle, and Steven Wheatley.
Stephens carried three times for 12 yards, Ingle twice for 11 yards, and Wheatley four times for 5 yards.
Tell City got it to the Forest Park 44 before turning it over on downs.
CLOVERPORT, Ky.—Cannelton had trouble setting up its spiking game in a 14-25, 25-19, 25-15 volleyball loss to Cloverport Monday.
Caressa Sloss led Cannelton with two kills and Chloe Davis had one assist.
"I think we could've set it up a little more," said Cannelton Coach Julie Harris. "But we had several double-hit calls (on sets), so I think the girls were almost hesitant to set it up."
April Terry led Cannelton servers with 11 points, including three aces.
LEOPOLD—Evansville Memorial's defense made it hard for Perry Central to get kills or ace serves as the Tigers won 25-5, 25-16, 25-7 in volleyball Monday.
Abby Reed led Perry Central with five kills and Terissa Roark added three. Roark and Sarah Lutgring each made one block.
Addy Davis had eight assists.
The Commodores got only two ace serves, one apiece by Roark and Brooke Lasher.
Brooke Mullis made 10 digs for the Commodores and Ryann Lynch added seven.
Memorial won the JV match 25-12, 25-11.
TELL CITY—South Spencer used strong defense to beat Tell City 25-21, 25-23, 17-25, 25-22 in PAC volleyball Tuesday.
"They were a good, athletic team - probably the best scrappy team that we've faced," said Tell City Coach Dalonda Hayes. "They just dug everything up."
Emma Kohnert led Tell City with 15 kills. Kammie Jo Hayes added eight and Emili Stephens four.
Emily Hagedorn and Rachel Malone each had 15 assists.
Kohnert and Hayes each made three solo blocks.
Copyright © 2016
The Perry County News is your source for local news, sports, events, and information in Perry County, Indiana, and the surrounding area.


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How many miles? 145 Miles / 233 Km
How many times? 2 hours 18 mins
Distance from Dickinson, TX to Lake Charles, LA is 145Miles or 233 Km. You can get this distance about 2 hours 18 mins. If you want to planning travel with plane for 123 Miles or 197 Km, You can get this distance about 45 mins .
A car with an average MPG will needs 6.71 gallons of gas to get the route between these points.
The estimated cost of gas to get between Dickinson, TX and Lake Charles, LA is $15.23.
During the route, an average car will release 131.46 pounds of CO2 to the atmosphere. Your carbon footprint is 0.91 pounds of CO2 per mile.
* Average US MPG used for calculations is 21.6 MPG.
* Average US gas price used for calculation is 2.27 per gallon.
* Coordinates of Dickinson, TX is 29.4607394, -95.0513168 and coordinates of Lake Charles, LA is 30.2264158, -93.2174165
All Rights Reserved. © 2010 - 2016 Feedback


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I helped create and now oversee the Open Technology Fund. When I'm not fully immersed in or advocating for OTF's work, I'm traveling to and from where the work takes me and I want to be. I suppose that makes me a sort of digital nomad. In the margins, you'll find me consuming news, books, and tinkering around with anything that may help us embrace our rapidly changing future.
Below is an attempt at a more official sounding bio for conferences, speaking engagements, or other purposes. If you need them, here are some head-shot photos for you to choose from (one, two, three, four, five?!).
Dan Meredith, aka Dan Blah, is the Principal Director of the Open Technology Fund, having joined as the inaugural team member in January 2012. In this role, he is accountable for OTF's day-to-day operations and long-term planning.
Over the past decade, Dan has identified as activist, technologist, journalist, and now funder. He continually explores emerging technology-centric trends affecting human rights, social justice, democracy, transparency and accountability, digital security, communication policy.
Before directing the Open Technology Fund, Dan was a senior producer and technologist for the Al Jazeera Network based in in Doha, Qatar. Leading up to and during the Arab Spring, he worked to modernize traditional investigative journalist tool-kits with safe communication technology to protect field reporters and their sources from repressive surveillance, create a privacy-protecting global whistle-blowing and news gathering platform, and produce technology-centric stories for global television broadcast.
Prior to Al Jazeera, Dan was a technologist then senior technology fellow at New America Foundation in Washington, DC. He was the Open Technology Institute's first full-time staff member in 2009, working to operationalize new "code-as-policy" technology projects with global communities of policy makers, journalists, and technologists. While at OTI, Dan honed his focus to create, educate, demystify, and evangelize open, distributed, and decentralized technologies that increase democratic participation, fight censorship, and disrupted authoritarianism globally.
Earlier in the 2000's, Dan was a software developer, network engineer, and a volunteer within the Indymedia movement.


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Transform hair with this specially formulated, heat activated styling lotion designed to thicken and hold all styles. Enjoy an effortless blow-dry experience whilst reducing friction and breakages caused by heat styling. Hair is left full, static free and healthy.
Distribute evenly through damp hair. Comb through and blow dry as normal.
|Company Name
|123 Hair And Beauty
|Shop Name
|123 Hair And Beauty
|Shop Address
|Mickledore Coach House BB4 8RS Rawtentstall
|Shop Phone Number
|Shop Email Address


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Grand Lodge Representative Paul R. Urbanczyk was appointed to the Midwest Territory staff on January 1, 2013.
As a Journeyman Toolmaker, Paul became an IAM member in 1985, working for Mckenica, Inc. located in Buffalo, NY. Shortly thereafter, he was elected chief shop steward and continued in that capacity for more than 12 years. Brother Urbanczyk was elected President of Local Lodge 630 (now merged with LL 330) and is currently a member in good standing with Local Lodge 330, located in Buffalo. He was also elected as New York State AFL-CIO delegate and IAMAW, District Lodge 76 delegate (now merged with Dist. 65).
Paul moved to Detroit in 2002 where he organized workers in the State of Michigan as IAMAW, District Lodge 60 Organizer for more than 4 years. He then relocated to his home state of New York where he served as Organizer for IAMAW District Lodge 65, organizing workers in that region until 2009. In 2010, Brother Urbanczyk accepted a position with the IAMAW and again relocated, this time to the State of Wisconsin. Working a grant from the U.S. Department of Labor, his area of responsibility as Public Outreach Coordinator was to promote Trade Adjustment Assistance (TAA) throughout the state. When the grant expired at the end of 2011, he began working as an Organizer in IAMAW, District Lodge 8 located in the State of Illinois. His area of organizing responsibilities covered the nine states in the Midwest Territory.
In 1998, Paul graduated from Cornell University, located in Ithaca, NY, majoring in Industrial Labor Relations. He also worked and completed a 2-year apprenticeship program with the IAMAW, Organizing Department from 1998 – 1999. Other educational accomplishments include completing numerous labor courses at the IAMAW W-3 center located in Hollywood, MD.


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Spring Valley Minnesota Golf Courses
|Root River Country Club
Featured Golf Course Review:
|Root River Country Club -- Excellent Golf Experience!
|Review by: Nick Greene
|With the addition of new tee boxes over the past few years, Root River Country Club offers a variety of choices to play a number of holes differently. With the Root River winding through the course, it is a challenging course for players of all skill levels. Visit this beautiful course 5 miles south of Spring Valley, you won't be disappointed!
|From Bursnville, MN
Golf Courses: Additional Golf Course Reviews:
|Albion Ridges Golf Course -- Great Golf
|Review by: Bill Wahlstrom
|Although deceptive when you first arrive by the lack of mature trees. The course is laid out well with large greens that can make a three-putt a reality. Very well maintained with 27 holes. Very affordale as well.
|From Mound, MN


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Search results for i didnt get here alone by kenny chesney
We've found 484 lyrics, 100 artists, and 100 albums matching i didnt get here alone by kenny chesney:
Kenny Chesney · Chesney Hawkes · Chesney Allen · Casiotone for the Painfully Alone · Left Alone · Go It Alone · Here Say? · Here Be Dragons · Citizens Here and Abroad · Away from Here – and 90 other artists »
Pickin' on Kenny Chesney (Pickin' On) · Kenny Chesney (Kenny Chesney) · The Rockin' Country Piano: Tribute to Kenny Chesney (Hutchinson, Hutch) · A Tribute to Kenny Chesney [Tributized] (Hutchinson, Hutch) · A Tribute to Kenny Chesney [Big Eye] (Hutchinson, Hutch) · Country Dance Kings: A Tribute to Kenny Chesney (The Country Dance Kings) · Pickin' on Kenny Chesney, Vol. 2 (Pickin' On) · Chartbuster Karaoke: Kenny Chesney, Vol. 1 (Hutchinson, Hutch) · A Tribute to Kenny Chesney (Stars at Studio 99) · The Southern Rock Tribute to Kenny Chesney (Hutchinson, Hutch) – and 90 other albums »
thinks I'm sexy I really turn him on My name is Kenny Chesney This ain't nowhere I belong Me and Tim's in trouble Buddy one thing is for sure
He likes the way I'm lookin' in these orange pants I really wish Tim McGraw was here to protect me My cellmate thinks I'm sexy I'd give anything
some do atone Through no fault of their own They fall through the cracks And get left by the wayside God willing, It's the last time I'll say
to stand and fight You ain't lookin' for trouble hey, I can understand you but it's here anyway When you're an outlaw everyone knows your name When you're
The lost MC's which way to go So here's my rep, to those that slept And didn't get the first concept in depth I am the manifestation of study
Come here and go get with me I wanna see you Wednesday Come on, come on, come over Take it off your shoulder Come on and pull me over We gotta get
of steel is Kenny Parker As we say he can't get no darker All about action not a fast talker All the whick whack sucker DJ's Gotta try much harder
Here we are ... one, two ... one, two, three ... It was one of those nights when you drive Right by your own street And you wonder who's running
we're here for, so take those off" By now she's butt-naked, I'm ready to break it Threw on the jim hat, I'm ready for trim, and all that So I did it
I'm sitting here all by myself Just trying to think of something to do Trying to think of something anything Just to keep me from thinking of you But
black as a goner Didn't really want to call my momma in Savannah [Mike Ransom] I spit dynamite ignite turn off lights Recite, spit poetry type, get
shakin, you kiddin me? We money makin Your money fake son, I'll call you clay 'cause you get's Play-Doh Jamel and Joey Simmons holdin millions on the lay
Why did you leave here by myself Cryin' alone in the night, babe? I thought you'd love me forever Somehow it just couldn't be Congratulations
Why did you leave here by myself Cryin' alone in the night, babe? I thought you'd love me forever Somehow it just couldn't be Congratulations
first, I would've rather be alone, By myself, at home. I didn't want you to take my hand, But I kinda like the thought of that in a man, Now I'm so done
there Did you get tired of bein' alone I've got this feeling inside Tomorrow will turn out all right ?Cause I'll have you here by my side To hold
your game I play your game Now I play your game I play your game I take my chances alone Get on your horse and be gone I will not wait up for
niggas like to shamble make him an example with this pussy sample here we go you didn't know Joe was my hoe Tony Rich my bitch don't fuck with this I got
that I'm here all alone Wondering if you feel this low As I do without you oh oh oh oh In case you didn't know Since you left I've been miserable Why did
niggas like to shamble make him an example with this pussy sample here we go you didn't know Joe was my hoe Tony Rich my bitch don't fuck with this I got
ain't goin' out! After livin' on the streets alone Some years went by, I signed myself into a group home I used to watch the show "I Dream of Jeannie"
I sit here alone I sit here alone I look at the walls Look at the walls Look at the walls I look at the walls You shouldn't be out on your
out alone Didn't get it the first time But don't think I've been so blind And I may not be Einstein But I Know Dumb plus dumb equals you Dumb plus dumb
baby Tired of being alone here by myself, now I tell ya, I'm tired baby I'm tired of being all wrapped up late at night In my dreams, nobody but
knew So to get what I got, I did what I had to Kill, deal, rob, I didn't give a fuck You had what I needed? You was shit out of luck A chopper is


text:
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text: Okay, before there are any flamers- I am a big proponent of searching/Google-ing before asking stupid questions. And I can assure you that I've already tried that with at least some proficiency. Now, I have read the guides for gpsPhone and I have the application installed, and the ROMs in the right folder. When I go to play the games it gives me a very strange 'jumbled' up lettering that says something along the lines of "wrong BIOS." I use WinSCP, and I have several BIOS files, from several different places, all of which are the same size. (appx. 16kb) When I use WinSCP to copy the gba_bios.bin file into the gpsphone.app folder, the file doesn't write properly. The bios file in the folder shows 0 bytes. I try again, it is still 0 bytes. So something's obviously not right, (whether it's my fault or something in the program) and I wanted to know if anyone's encountered this problem/has a solution to it. (I set all the permissions to 0755) Thanks, Rik


text:
Far Eastern notebook makers reckon that Intel's ultrabook push will come up short of Intel's target for 30 to 40 per cent of the notebook market, largely as a result of Europeans favouring larger notebooks.
Notebook manufacturer sources quoted by industry watch site the Digitimes are of the view that ultrabooks will account for just one-in-five notebooks solid in 2012. Considerably less than Intel would like.
The problem, they say, is Europe where we tend to favour notebooks which are 15-inches and up, shying away from ultra portables with screen sizes of 13 to 14-inches. One of the likely reason for this is that notebooks are used as main computing devices rather than additional PCs aimed at mobile tasks.
The manufacturers pointed out that 15-inch notebooks made up 40-45 per cent of the global market and 35 to 40 per cent are 14-inch models. The vast majority of ultrabooks are 13.3-inches. In a sense Intel is hoping that people will scale their screens in pursuit of the sexy thin Macbook Air-like form factor.
Meanwhile makers of ultrabooks are apparently unconvinced that Europeans, at least, will decide to change their ways just so Intel can hit their goals for the new notebook strategy. Doubtless they'll be plenty of thin and light 14 and 15-inch notebooks, they just wont be 'ultrabooks'.
Ultrabooks too small for Europeans?
Far Eastern notebook makers reckon that Intel's ultrabook push will come up short of Intel's target for 30 to 40 per cent of the notebook market, largely as a result of Europeans favouring larger notebooks.
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The Impact of Employee Turnover to your Management Company
Have you ever been in the midst of an incredibly busy period at work, and an employee puts in his or her two week notice? What type of emotions did this scenario invoke? If you're anything like me, you felt a combination of anxiety, stress, frustration, confusion, anger and about 10 other less than desirable emotions in the moments that followed the receipt of the notice. Read the article………….
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November 29, 2006
BLACK & DECKER INC. AND BLACK & DECKER (U.S.) INC., PLAINTIFFS,v.ROBERT BOSCH TOOL CORPORATION, DEFENDANT.
Plaintiffs Black & Decker Inc. and Black & Decker (U.S.) Inc. (collectively "Black & Decker") brought this lawsuit against Defendant Robert Bosch Tool Corporation ("Bosch") alleging infringement of various claims of U.S. Patent Nos. 6,308,059 (the "'059 patent") and 6,788,925 (the "'925 patent"). On September 22, 2006, a jury returned a verdict finding that the Bosch Power Box radio chargers at issue, namely, the PB-10 and the PB-10-CD, infringed certain claims of both patents-in-suit. Before the Court is Black & Decker's Motion for a Permanent Injunction pursuant to 35 U.S.C. § 283. For the following reasons, the Court, in its discretion, grants Black & Decker's Motion for a Permanent Injunction as to the Bosch Power Box radio chargers Models PB-10 and PB-10-CD.
I. Permanent Injunctions Under the Patent Act
Section 283 of title 35 states: "The several courts having jurisdiction of cases under this title may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent, on such terms as the court deems reasonable." 35 U.S.C. § 283.
"According to well-established principles of equity, a plaintiff seeking a permanent injunction must satisfy a four-factor test before a court may grant such relief. A plaintiff must demonstrate:
(1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction." eBay Inc. v. MercExchange, L.L.C., ___U.S.___, 126 S.Ct. 1837, 1839, 164 L.Ed.2d 641 (2006).
"The decision to grant or deny permanent injunctive relief is an act of equitable discretion by the district court, reviewable on appeal for abuse of discretion." Id.; see also Abbott Labs. v. Andrx Pharms., Inc., 452 F.3d 1331, 1334 (Fed. Cir. 2006) (decision to grant or deny injunction within sound discretion of district court). The eBay Court specifically held that equitable injunction standards apply equally to cases brought under the Patent Act. See eBay, 126 S.Ct. at 1839. Thus, the Supreme Court reversed the Federal Circuit's traditional rule that "courts will issue permanent injunctions against patent infringement absent exceptional circumstances." Monsanto Co. v. Scruggs, 459 F.3d 1328, 1341-42 (Fed. Cir. 2006).*fn1
II. Compliance with Federal Rule of Civil Procedure 65(d)
Federal Rule of Civil Procedure 65(d) governs the proper scope and form of permanent injunctions:
Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise. "[T]he Supreme Court has denounced broad injunctions that merely instruct the enjoined party not to violate a statute," because "[s]uch injunctions increase the likelihood of unwarranted contempt proceedings for acts unlike or unrelated to those originally judged unlawful." International Rectifier Corp. v. IXYS Corp., 383 F.3d 1312, 1316-17 (Fed. Cir. 2004) (citation omitted); see also Additive Controls & Measurement Sys., Inc. v. Flowdata, Inc., 986 F.2d 476 (Fed. Cir. 1993) ("Supreme Court does not countenance overly broad injunctions due to the threat of costly contempt proceedings for acts unrelated to those originally judged unlawful.") Furthermore, Rule 65(d) "requires an injunction to prohibit only those acts sought to be restrained," namely, "infringement of the patent by the devices adjudged to infringe and infringement by devices no more than colorably different therefrom." International Rectifier, 383 F.3d at 1317. In other words, "an injunction cannot impose unnecessary restraints on lawful activity." Riles v. Shell Exploration & Prod. Co., 298 F.3d 1302, 1311 (Fed. Cir. 2002).
I. New Power Box Radio -- PB-10-CD Advanced
On August 23, 2006, the Court granted Bosch's motion in limine to preclude Black & Decker from raising a new accused product at trial, namely, the Bosch Power Box Model PB-10-CD Advanced. (See R. 375-1.) Accordingly, the parties did not try before the jury the issue of whether the PB-10-CD Advanced infringed Black & Decker's patent rights. Instead, the PB-10-CD Advanced is the subject of another lawsuit that Black & Decker filed in August 2006, Case No. 06 C 4440. Thus, at issue before the Court is an injunction pertaining to the old Power Box radios that were the subject matter of this lawsuit -- the PB-10 and the PB-10-CD.
Nevertheless, Black & Decker argues that the Court should enjoin Bosch from making, selling, using, offering, or importing not only the old Power Box radio chargers, but the new Power Box radio -- the PB-10-CD Advanced -- even though it was not the subject of this lawsuit. Black & Decker contends that the permanent injunction must include the PB-10-CD Advanced because it is "no more than colorably different" than the old Power Box radio chargers. See International Rectifier, 383 F.3d at 1317. In other words, Black & Decker wants the Court to decide whether the PB-10-CD Advanced infringes the continuation of the '059 and '925 patents -- specifically U.S. Patent No. 7,043,283 -- although this exact infringement lawsuit is pending before another judge in this district. The Court rejects Black & Decker's argument because whether the PB-10-CD Advanced is "no more than colorably different" than the old Power Box radios is an issue that is not properly before the Court.
The Federal Circuit explained the "no more than colorably different" standard in KSM Fastening Sys., Inc. v. H.A. Jones Co., 776 F.2d 1522 (Fed. Cir. 1985). Specifically,
Where the alteration in the device is "merely colorable" and obviously was made for the purpose of evading the decree without essential change in the nature of the device, the courts will try the question of infringement by the new device in proceedings for contempt for violation of the injunction. But where infringement by the new device is not clear on the face of the matter, and there are substantial issues for the determination of the court, the plaintiff may not have them determined in contempt proceedings, but must bring a supplemental bill for an injunction covering the new device, or institute a wholly new suit for such an injunction.
Id. at 1531 (citations omitted). Based on this standard, an infringer who has made a good-faith effort to modify an infringing device should not be punished by contempt charges resulting from a permanent injunction on other, non-adjudged devices. Arbek Mfg., Inc. v. Moazzam, 55 F.3d 1567, 1570 (Fed. Cir. 1995); see also Abbot Labs. v. Apotex, Inc., ___ F.Supp.2d ___, No. 97 C 7515, 2006 WL 2884317, at *4 (N.D. Ill. Oct. 6, 2006) (Posner, J., sitting by designation). Instead, "the modifying party generally deserves the opportunity to litigate the infringement question at a new trial, 'particularly if expert and other testimony subject to cross-examination would be helpful or necessary.'" Arbek Mfg., 55 F.3d at 1570 (quoting KSM Fastening, 776 F.2d at 1531).
Here, there is evidence in the record indicating that the PB-10-CD Advanced has different features from the old Power Box radios, including a new tuner/amplification circuit board, and thus infringement by the new Power Box radio would not "clear on the face of the matter." See KSM Fastening, 776 F.2d at 1531. In fact, Black & Decker agrees that "[w]hether the circuitry of the 'Advanced' Power Box is no more than a colorable change from the infringing PB-10 and PB-10-CD Power Box products should be determined in a later proceeding," although Black & Decker ignores the fact that it has already filed this later proceeding. (R. 510-1, Black & Decker Reply Brief, at 4.) Thus, under Federal Circuit precedent and the circumstances in this case, the appropriate way of addressing whether the PB-10-CD Advanced infringes the continuation of the patents-in-suit is to proceed by way of Black & Decker's new lawsuit. See KSM Fastening, 776 F.2d at 1532.
The Court thus turns to the equitable factors as recently reiterated by the Supreme Court in eBay to determine whether Black & Decker is entitled to a permanent injunction regarding the PB-10 and PB-10-CD radio chargers.
II. Four Factor Permanent Injunction Test
A. Irreparable Injury & Remedies Available at Law
"The patent statute provides injunctive relief to preserve the legal interests of the parties against future infringement which may have market effects never fully compensable in money. Because the principal value of a patent is its statutory right to exclude, the nature of the patent grant weighs against holding that monetary damages will always suffice to make the patentee whole." Reebok Int'l, Ltd. v. J. Baker, Inc., 32 F.3d 1552, 1557 (Fed. Cir. 1994) (internal citation omitted).
1. Continuing Sale of Old Power Box Radios
First, Bosch contends that Black & Decker has failed to establish that it will suffer irreparable harm absent a permanent injunction because Bosch stopped selling the old Power Box radio chargers approximately a year ago, no longer makes the infringing products, and has no inventory of the old Power Box radios. Instead, since 2005, Bosch has been manufacturing and selling the PB-10-CD Advanced which was not adjudicated in this matter.
Bosch's cessation of the production and sales of the old Power Box radios is not -- in and of itself -- a sufficient reason to deny a permanent injunction. See W.L. Gore & Assoc., Inc. v. Garlock, Inc., 842 F.2d 1275, 1282 (Fed. Cir. 1988). Instead, there must also be some persuasive evidence that further infringement will not take place. See id. Here, Black & Decker argues that it would be irreparably harmed even though Bosch has stopped producing and selling the old Power Box radios because Black & Decker found the old Power Box radios for sale at Amazon.com. This evidence works against the conclusion that further infringement by the old Power Box radios will not take place. See W.L. Gore & Assoc., Inc., 842 F.2d at 1282. Furthermore, the Bosch web site still featured the old Power Box radios as late as October 11, 2006. As such, Black & Decker has set forth evidence that future infringement by the PB-10 and PB-10-CD might take place.
2. Harm to Reputation
Next, Black & Decker asserts that it has suffered irreparable harm to its reputation by the infringing radio chargers. Indeed, the harm to reputation resulting from confusion between products "is a type of harm that is often not fully compensable by money because the damages caused are speculative and difficult to measure." Reebok, 32 F.3d at 1558. Because Black & Decker has presented evidence that its reputation as an innovator in the jobsite radio market may be harmed by the continued selling and marketing of the old Power Box radios, this factor weighs in favor of a permanent injunction.
3. Loss of Market Share
While Bosch was selling the infringing old Power Box radio chargers, Black & Decker contends that it lost market share. Specifically, Black & Decker sets forth trial testimony that it lost sales of cordless power tools because it marketed the DeWalt radio charger and its cordless power tools together. Loss of market share is a key consideration in determining whether a plaintiff has suffered irreparable harm. See Tivo, Inc. v. Echostar Comm'ns Corp., 446 F.Supp.2d 664, 669-670 (E.D. Tex. 2006). Under such circumstances, a patent owner's right to exclude "cannot be compensated through monetary damages," especially "because it is impossible to determine the portions of the market the patent owner would have secured but for the infringer or how much damage was done to the patent owner's brand recognition or good will due to the infringement."z4 Tech., Inc. v. Microsoft Corp., 434 F. Supp. 2d 437, 441 (E.D. Tex. 2006); see also Reebok Int'l, 32 F.3d at 1557. Accordingly, Black & Decker's loss of market share weighs in favor of granting its motion.
III. Balance of Hardship
Bosch contends that the balance of hardship factor weighs in its favor because Black & Decker will immediately file contempt proceedings against Bosch relating to Bosch's sales of the new Power Box radio, the PB-10-CD Advanced. As discussed above, the PB-10-CD Advanced is not before the Court. Accordingly, Bosch's argument does not establish that it will suffer any hardship if it were enjoined from selling the old Power Box radios.
Meanwhile, this is not a situation where Bosch will be driven out of business. See, e.g., Canon, Inc. v. GCC Int'l, Ltd., 450 F.Supp.2d 243, 245-57 (S.D.N.Y. 2006). As Bosch admits, it stopped making the infringing products over a year ago and presently sells the PB-10-CD Advanced. Therefore, the balance of hardship factors tips in favor of Black & Decker because the harm cause by future infringement by the PB-10 and PB-10-CD radio charges outweighs any hardship that Bosch may experience. See, e.g., Tivo, Inc., 446 F.Supp.2d at 670.
IV. Public Interest
In general, public policy favors the enforcement of patent rights. See Abbott Labs. v. Andrx Pharms., Inc., 452 F.3d 1331, 1348 (Fed. Cir. 2006); PPG Indus., Inc. v. Guardian Indus. Corp., 75 F.3d 1558, 1567 (Fed. Cir. 1996). Here, a jury found that the old Power Box radios not only infringed the patents-in-suit, but that Bosch's conduct was wilful. Under these circumstances, the public interest will not be disserved by a permanent injunction because it provides Black & Decker with an adequate remedy and allows it to enforce its patent rights. See Tivo, Inc., 446 F.Supp.2d at 670. Thus, this factor supports Black & Decker's motion for a permanent injunction.
V. Permanent Injunction Order
The four equitable factors recently reiterated by the Supreme Court in eBay weigh in favor of granting Black & Decker's Motion for a Permanent Injunction regarding the PB-10 and PB-10-CD radio chargers. The Court has wide latitude in framing permanent injunctions within the parameters of Rule 65(d). See International Rectifier, 383 F.3d at 1317. Accordingly, the Court adopts, in part, Black & Decker's Proposed Order with the following changes:
1. The Court eliminates the language at the end of the first paragraph, namely, "given the alleged unimportance of a charger feature in the Bosch radio chargers sold under the name Power Box,"
2. The Court adds language to (1) so the subsection reads in entirety "from making, using, selling, offering or importing the Bosch Power Box Models PB-10 and/or PB-10-CD radio chargers or any merely colorable imitations thereof, except for the Bosch Power Box Model PB-10-CD Advanced, which is the subject matter of another lawsuit, Case No. 06 C 4440, in the United States District Court for the Northern District of Illinois;"
3. The Court eliminates the following language from subsection (2): "and any subsequent modifications of those products that are no more than colorably different therefrom, regardless of trade name or model number under which those products are sold;" (R. 490-3, Proposed Order). Black & Decker must file the amended Proposed Order by December 6, 2006, along with the electrical schematics set forth in the original Proposed Order.
For these reasons, the Court, in its discretion, grants Black & Decker's Motion for a Permanent Injunction pursuant to 35 U.S.C. § 283 regarding the old Bosch Power Box radio chargers, Models PB-10 and PB-10-CD. The permanent injunction does not pertain to the new Power Box radio charger, Model PB-10-CD Advanced, which is the subject of another lawsuit in this district.
AMY J. ST. EVE United States District Court Judge
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iHerb 顾客评论
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very yummy!
5030993488487774426发表于 May 27, 2016
my favorite tea! I actually don't taste anything similar to orange, but it is very chocolate and delicious.
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text:
src forkbrace
Posted April 17, 2006 - 05:46 PM
Posted April 17, 2006 - 09:36 PM
Posted April 18, 2006 - 03:25 AM
Adam-Get the forkbrace and get the mudskin/forkguard setup they have. Those acordian style fork protectors restrict a lot of wind from getting to your radiators. The SRC guards look trick and work well.
Posted April 18, 2006 - 07:28 AM
On my 650L I got an RWS(?) fork brace and took a razor blade to the boots; that's right, I'm going naked on the forks since I'm getting closer to Supermotoing this thing.
Posted April 18, 2006 - 08:14 AM
Posted April 18, 2006 - 05:31 PM
Posted April 18, 2006 - 05:35 PM
Posted April 18, 2006 - 05:38 PM
Posted April 18, 2006 - 06:01 PM
They cost less and are made much better. I payed only $125 for mine but, they have gone up in price. You can use the stock boots but, I use a after maket rubber boot that come already shorter and don't get distorted like the stock ones do.
perBrace Part#: 2257
Fits Model: Honda XR 650R
Years: (2000-2005)
Price: $157.95
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SuperBrace is the leading motorcycle fork stabilizer. This patented brace provides better stability, superior aerodynamics and a more streamlined look than other multi-piece braces on the market.
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Posted April 18, 2006 - 06:56 PM
Posted April 19, 2006 - 02:43 AM
Posted April 19, 2006 - 05:16 AM
Lat time I checked it wasn't in the catalog, you'll have to give the TT boys a call to order it from them.
i will be damned if i can't find the forbrace inthe tt store. i have tried every different way of search for it and came up with nothing.
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Whoever is writing the walkthroughs needs to go back to grammar school and be serious about trying to write the article, none of this stupid, "oh you do this for yo bro, that for yo bro" "ima badass" and all of that crap.Read more >