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Don't be fooled by their size; when you use your imagination these cars can drive as fast as a rocket and take you anywhere in the world. The Red Wooden Race Car can zip across carpets and grass without a care. Wooden wheels with rubber tyres finish off this wonderful toy in style and are designed to keep this car moving no matter how many miles it needs to cover.
With its spoked wheels, classic grille and 'prancing pony' Red finish with number '20' artwork, this toy will be the town of the town!
This Wooden Race Car has been created by a talented and enthusiastic team for whom nothing is too much trouble in the quest to fuel a child's imagination. With extensive testing to guarantee safety (and fun) standards are met, we hope to provide a platform for learning from which children can dare to dream.
Depth: 7.5" | Height: 3.1" | Width: 3.1"
- Ages 1 and over
- Weight: 0.400kg


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Check in from 2:00 PM / Check out prior to 11:00 AM
Hotel Dernbachtal: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Dernbach, Germany.
Set in the Palatinate Wine Region, Hotel Dernbachtal is an excellent base for those looking to visit the area's highly-regarded wineries. Its premium amenities include a sauna and a fitness room.
Hotel description
Dernbachtal's rooms offer a mini bar, a telephone and a radio, plus all the necessities for a comfortable stay.
A satisfying breakfast is available every morning at Hotel Dernbachtal Dernbach, and there are numerous restaurants and eateries close by.
The location of the hotel allows easy access to multiple tourist destinations on foot. It is ideally located just minutes from Palatinate Forest Nature Park.
Hotel features
Mini Bar, Shower
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subset: commoncrawl


text:
Download apps, toolboxes, and other File Exchange content using Add-On Explorer in MATLAB.
Join the 15-year community celebration.
Play games and win prizes!
Rate this file 4 Downloads (last 30 days) File Size: 3.31 KB File ID: #20750 Version: 1.0
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Offset Printing - Web
Community Impact Newspaper has invested in a $10 million press from Goss International, which was constructed inside its facility.
manroland web systems offers a TeleSupportCenter (TSC), a 24/7 remote control service.
Times News in Lehighton, Pa., has awarded KBA the contract for an upgrade of the control system on a KBA Comet web offset press.
manroland web systems' new manroland web STORE went officially live today.
In episode five of You Asked For It, Printing Impressions' Editorial Director and Editor-in-Chief Mark Michelson dives into what the future could hold for offset printing as the digital printing segment of the industry continues to evolve.
Jason Elliott has been chosen to lead manroland web systems' commercial web sales in North America.
Construction is underway at the Bryan-College Station Eagle newspaper where a second press soon will be installed.
manroland web systems has positioned itself as a single-source solutions provider for a rapidly evolving newspaper industry.
Arandell in Menomonee Falls, Wis., will install its sixth Goss Sunday Press in Q4 2016.
Journal Graphics will add a 16-page Goss M-600 press and a Contiweb VITS-Rotocut sheeter at its Portland, Ore., facility.


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Odoo Help
This community is for beginners and experts willing to share their Odoo knowledge. It's not a forum to discuss ideas, but a knowledge base of questions and their answers.
Help me, im new to odoo(module tabs, panes problem)
Hi, kindly help me im new to odoo, ive been through many research but unluckily i cannot find answer
Here is my case: ( sorry i cant post image yet, the forum requires me 30 karma atleast)
i create new module named 'Shipping Info', then after it install a new tab beside Settings appear which is the 'Shipping Information' tab
so there were 2 tabs which can be found at the top of the odoo (1.Shipping Information 2. Settings) when you click Settings, in your left side pane you can see blue bold colored text "Messaging" and under this are black(not bold) colored text which are "Inbox and Archives"
Is it possible to add under those mentioned elements my module 'shipping info' module and removed it from the module tabs
it will look like this:
MODULE TABS ->>>> Settings <<-- Settings Only, the 'Shipping Info' will be remove
Shipping Information
Shipping address
You need to set the parent attribute in the menuitem definition. For reference, under Settings -> Technical Settings -> User Interface -> Menu Items is the full list to help find what menu you want to make the parent of your new menu. If you're editing in the interface, just edit the parent menu field of your new menu.
If you're editing an XML file, make sure you're in debug mode: add "?debug" to your base URL, or go to your username in the far upper right corner, then About OpenERP/Odoo, then click the Activate Developer Mode link in the upper right corner of the popup. Now, in the Menu Items list, pick the menu you want to use as a parent, then go to the debug menu in the upper left corner of the page and select "View Log". You'll get a small popup with a few key values, most important is the XML ID in the format "module_name.id_name", something like "mail.mail_feeds". Then in your XML, the menuitem tag needs the attribute parent="mail.mail_feeds". Once the XML is updated, upgrade your module and after a page refresh the menu will show your new menuitem.
Note: Some of these menu names might be renamed in 8.0, I'm just going off memory from 7.0.
Thank you its working! may i know if its possible to remove the Module tabs, because my module is already in the settings tab, it would just be redundant?
ohh isee so it is also been removed automatically. thanks brett !
ohh isee so it is also been removed automatically. thanks brett !
Lakay, I might be wrong, but I think what you refer as Module Tabs are actually top level Menu Items (Menu Items that do not have parents). So, if you want to restructure the Shipping Information to be displayed in the side pane (which contains all submenus under the selected top level menu), then you need to update the Shipping Information Menu Item to have a new parent.
Your Answer
Please try to give a substantial answer. If you wanted to comment on the question or answer, just use the commenting tool. Please remember that you can always revise your answers - no need to answer the same question twice. Also, please don't forget to vote - it really helps to select the best questions and answers!
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Brasil Radio (Band News FM)
Related Stations
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- Orlovista, FL
- National News , Brazilian Talk , Brazilian Popular
- Portuguese
999 Douglas Ave Suite #3318
Altamonte Springs, FL 32714(407) 774-0810
- Visit the station website


text:
Authored by Tim Baker and Steven Roth
As compelling as we find the study of behavioral economics, you just can't escape the logic of supply and demand that is the basis of classical economics.
Ultimately, people do pay more for seats or events that are in high demand. Some arts marketers take advantage of this situation by tinkering with supply. They may hold some seats off sale in order to better manage demand; for example, holding the last week of a run off sale to fill seats in the earlier performances.
This tactic can push demand into the earlier performances (which "perish" more quickly), build word of mouth, etc. Others may artificially make supply look scarce by keeping a lot of seats off sale and then releasing them at higher prices. This may be effective in raising revenue, but what's the impact on the customers who pay higher prices for worse seats? How does that affect your longer-term relationship with your customer?
And do we always want to follow the logic of supply and demand in the arts? Airplanes are as full as they have ever been, and airlines maintained price integrity to deliver continuing profits during a worldwide recession; largely by scheduling fewer flights. Do we really want our strategy to be about delivering less art?
Irrationality in Context
Robert Cialdini (Influence: the psychology of persuasion, 1984) gives a consumer psychology explanation for the way that perceived scarcity drives demand: our natural competitiveness leads us to believe that things that are difficult to possess are typically better than those that are easy to possess. We therefore use an item's availability to decide on its quality.
More recently, Tim Harford (The Logic of Life, Abacus, 2008), puts this all in context, arguing that a lot of apparently strange behavior is actually quite rational, but that those rational choices are often more complex than we think. He points out that some of the effects we observe ARE irrational, but they do not influence everybody all the time, and especially not experienced people in realistic situations. "Sometimes we have to make important decisions when the situation is unfamiliar.... [but]... most people spend most of their time inside their comfort zone".
Throughout our research across the world we see this distinction played in the behavior of arts customers in relation to price. In frequent attenders, unfamiliar with an auditorium and lacking knowledge about a show seem to use price as a proxy for value and as such exhibit irrational behavior in relation to price (we'll explore this in a later post, but price can be used by customers as a way to guarantee their experience). Frequent attenders, on the other hand, have often been attending a venue for years – opera-goers sometimes know the repertoire and artists better than the management and classical music subscribers have an intimate knowledge of the auditorium that allows them to be extremely fussy about seat choice on the basis of acoustics. In these cases we get a much greater sense of informed customers making well-informed and rational choices.
Behavioral economics is about how irrationality alters the demand curve--not for all customers and not all of the time, but enough for you to want to think about how it applies. So our pricing strategies need to adapt to that and identify which segments of the audiences are behaving more or less irrationally.
Image Credit: http://www.gocomics.com/nonsequitur/2011/04/04
This is the second in a series of posts to be published by Americans for the Arts. We will be sharing our reading and research on behavioral economics to bring the new perspectives and generate debate about pricing for arts and cultural experiences.
Note: Tim Harford is the Financial Times' 'Undercover Economist' and has a great website and blog.
Bailey says:Aug 31st 2016 at 5:26 am
Demand and supply are the basics of marketing and economics. Demand and supply are for the wonders of research papers writing in the l limelight of the right and fantastic tinge. Demand and supply are for performed and invited touches of the blogs.
Tessa Rose says:Sep 29th 2016 at 1:38 am
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Social Networking has turned into plays an important role in our everyday life, but scholars look to be for the most part endangered. Facebook & Twitter cannot live or breathe without social networking. Social Networking have a compulsive feeling of staying signed in round the clock, discussing with their friends and watching photos, saying their opinion, carrying out conversations, getting files onto their computers . Even the highly skilled experts in the niche admit that each and every minute you allocate on networking media is just another minute that kills your talent. The big problem here is that undergraduates do not allocate only a few minutes on media networks. Networking media spend uncounted important hours that could be used for much more relevant errands.
If they want to stay creative, people need to feed their inspiration. You get good visions only if you are in a state of mind and spirit that lets you to come up with great ideas. When a schoolboy spends 6 hours a day watching other people's photos from parties and having blank talks with peers… this is exactly when creativity is annihilated.
Pedagogues wish for students to consume more time in real life and less on the internet
And they are completely right. There are students with huge prospective of getting to be the next great ideologists , writers or schoolteachers . These scholars put an end to that vital spark by spending too much of their time on Facebook and Twitter, completely wasting their time. Indeed, a social media website is just a insignificant part of what we call the internet. The rest also comprises wasting your time online, reading celebrity gossip, reading mediocre blogs, etcetera.
If schoolchild would actually take note of the time he spends online performing all these purposeless assignments, he could see that 4 or 6 or even 8 hours of a day or night are completely wasted. Just as vicious circumstances circle, this one can be stopped too. Important figures in the field propose critical analysis essay. College goers should check out the following points to see if they are exposed to kill their own originality:
- I am focusing a little on reading lately because I dedicate myself to more time online
- I am out of good ideas to write my next school paper. I was accustomed to write really interesting essays in the past
- I feel alone. I feel irritated. My grades worsen and I can't write well at the moment
- I cannot spend time on reading a good book because I am interrupted by messages and mails on my mobile
if this is your case, it is time to do something differently. A social portal has become the most essential in your life. Everybody can see this because you are spending most of your time on such blogs. If you want to obtain back your talent, and be able to focus on those college papers you need shift your attention to the life away from internet.
Change is not going to happen immediately. you need to wait
You are not to give up all your social networking accounts and end your activity in an instant. Though it is possible to make a good change, but you must take it with baby steps. By way of illustration you could end your notifications for for a longer time each day. During the hours you want to read a good book, or write a college paper , your phone will not ring anytime you get a new requests. In the start it will be complex to go on without these diversions but you will become used to it. In fact, you will see that you can become more productive.
- You can now read almost the entire book , because you are not interrupted
- You can pay attention to the online research for your essay, because your telephone does not ring in constantly
- Amazing thoughts come into your mind. It happens because you are thinking very deeply. You are not drive yourself to think while looking at silly pictures or pondering on nonsense quotes on Facebook and Twitter
- You feel more invigorated. This happens because you do not have to split in two your time between being innovational and rambling on messenger
Change from social media to truly teaching portals
You don't have to switch off your internet in order to stay away from social media. You just should make a move from the bad data to the good statistics. Online, there are a wealth of pedagogic resources that could really aid you improve the way you hope. There are free dictionaries that you can add to your computer, websites where you can read novels in full length or links where you can keep an eye on distinguished documentaries.
All these resources are vital and you should utilize them as part of your education. Instead of playing an online game, try a quiz to check your general knowledge. As an alternative to spending hours on chatting, read a interesting short story. Instead of scrutinizing your wall postings for hours every day, watch a good movie. These are the really instructional things that will challenge your imagination and help you develop.
Those who pass several hours on social media and wandering without goal online will not advance in their training. Use the internet to collect all the valuable things that will help you make better your knowledge base. The transformation is not effortless, but quite shortly you will not believe the progression you reached.
The change is in you. take the first step towards growing more.
You have managed to get rid of your old bad habits. Now, it is time to develop even more for your own benefit. A social portal can have its good parts, but you need to discern that staying constantly on the internet is not for your benefit It is simply detrimental for your future.
Good time management is essential even when it comes to time spent online. One hour per day would normally be adequate to check out what is happening with your virtual friends. Organize your time intelligently, and learn to keep a distance from things that are not satisfactory for you.


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Foursquare © 2016 Lovingly made in NYC & SF
Dakota Lounge
Music Venue
1026 Wilshire Blvd
"Happy hour: 6PM-9PM daily. $4 wells/wine, $2 off beer (bottles included), $8 cocktails. 50% off appetizers."
Santa Monica Pier The Beach Ball
"El lugar familiar de las playas californianas ideal para pasar el rato"
2101 Lincoln Blvd (at Grant)
"This is a great bar! It has a very rustic but nice feeling! Great up and coming live music on Sunday nights!"
The Room
Bar · $$
1325 Santa Monica Blvd (at 14th St)
"Music mixes are creative and not played out. Go with a group cause most people do their own thing. Also a huge line forms so get there by 1130"
Diner · $$
802 Broadway (at Lincoln Blvd.)
"The Tofu Saute and mash potatoes is probably one of my favorite veggie delights in all of Southern California. You can not go wrong. Om nom nom."
N.Y. and C. Pizza
Pizza · $$
1120 Wilshire Blvd (at 11th St)
"Best wings in Santa Monica that I have found so far. Empire state was great... Lots of meat."
Created by Rakesh199 items • 41 followers
LA/OC nightlife
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Santa Monica
Created by Dave Holop177 items • 3 followers
Make sure your information is up to date. Plus use our free tools to find new customers.
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text:
In college, Chinese takeout used to be a staple of mine. But now that I eat lighter and smarter, creating healthier versions of my favorite Chinese fast foods became a top priority.
Chicken and Broccoli Stir Fry was a meal I used to eat a lot, because I assumed it was one of the "healthier" choices, having chicken and broccoli in it. Little did I know. But now I can make my own light and healthy Chicken Broccoli Stir Fry for a lot less Points and with minimal effort. This stir fry tastes authentically delicious….even my kids gobbled it up! And at just 6 Smart Points per serving, I'm able to enjoy one of my favorite Chinese foods without ruining my day.
Chicken Broccoli Stir Fry – 6 Smart Points
In college, Chinese takeout used to be a staple of mine. But now that I eat lighter and smarter, creating healthier versions of my favorite Chinese fast foods became a top priority.
Baked Lemon Chicken – 5 Smart Points
I love baked chicken. It's so easy and simple, a great and healthy way to prepare chicken. As long as I don't overbake it, then it's juicy and moist. I like to check the local grocery ads, and stock up on chicken when it's on sale (legs, thighs and breasts). That way I have some in the freezer and can just stick it in the oven for dinner that night. Citrus and chicken go so well together that I thought I would combine them with a little honey, some garlic and rosemary. I made a basting sauce with broth, lemon juice, honey, garlic and Italian seasoning. I added some extra cloves of garlic and sprigs of rosemary while baking the chicken. The end result was delicious. It was a little tart, garlicy and succulent. I will definitely be doing this again. Browning the chicken before baking it ensured the juices were sealed in during baking. The flavors of the lemon and garlic work so well with the juicy chicken. This is simple and delicious. Serve it with a salad or roasted vegetables to round out this fabulous chicken. [Read more…]
Mushroom Chicken with Creamy Wine Sauce Recipe – 6 Smart Points
Today's Mushroom Chicken with Creamy Wine Sauce has quickly become one of my all time favorite Weight Watchers Chicken Recipes. The earthy mushrooms and juicy, tender chicken are roasted to perfection and then smothered in the most divine, creamy wine sauce. It tastes fresh from a restaurant, yet is quick and simple to prepare at home, with very minimal prep. The sauce was so good, that I was actually spooning out the remaining bits of it from the baking dish before I washed it. Yes, I did. No shame in my game! And at just 6 Smart Points per serving, this is an ideal light and tasty dinner recipe for a busy weeknight. If you want to make an average meal taste like you slaved away all day in the kitchen, this Mushroom Chicken with Creamy Wine Sauce is a must try. Enjoy!
Chicken Tortilla Soup Recipe – 8 Smart Points
I always love ordering chicken tortilla soup at my favorite Mexican restaurant. But depending on how it's prepared, this dish can be dangerous in terms of Weight Watchers Points. Adding in your favorite fixin's can really rack up the extra fat and calories too. After a bit of work in the kitchen, I came up with own version that is a LOT healthier than the restaurant version, but very healthy and low in Smart Points. And don't worry – my chicken tortilla soup recipe still includes the cheese and tortilla strips. By using a hand blender to puree the soup, it helps to give the soup a creamy, velvety feel, without adding any high fat milk or cream. My kids love it too, because they have no idea they are eating so many vegetables! And you can top it with fresh red onion, jalapeños, or avocado for an extra boost of flavor, if desired. At just 8 Smart Points, this satisfying soup will fill you up and thrill your tastebuds too. Enjoy!
Lasagne with Bolognese Sauce – 7 Smart Points
One of the best parts of pasta in my opinion is the sauce. There is nothing like homemade pasta sauce, whether it's a cream sauce or a red sauce. The flavors of homemade sauce are so much more vibrant and rich than canned pasta sauce. I've found that it's worth my while to make my pasta sauce. Lasagna is one of those pastas that is truly delicious when topped with a homemade pasta sauce. This simple Bolognese sauce is just what it needs to really be delicious. I decided to try a lasagna without cheese this time, so I needed the sauce to pick up any slack from the missing cheese. And this sauce did just that. It was really quite easy to prepare and the end result was something that was really rich and the flavors were vibrant. Since it's homemade, you can tweak the flavors to fit your individual taste preference. This lasagna with Bolognese sauce is a little more work, but the flavor in the end makes it worth every minute. [Read more…]
Honey Soy Chicken Drumsticks Recipe – 7 Smart Points
Lately, I've been a bit behind with my meal planning and food organizing. Things have been really chaotic for my family these last few months, and sometimes, life just gets in the way. Unfortunately, this had let to a lot of eating out, less cooking at home, and poor food choices. However, during this tumultuous time, the few times that I have managed to cook a healthy meal, I've been lucky enough to have a few quick and easy recipes up my sleeve to rely on. Meals that I can prepare on the fly and require just a handful of ingredients. This Honey Soy Chicken Drumsticks is a hit with the family EVERY TIME. I'm not kidding! It's incredibly flavorful and tender, and really helps to satisfy everyone's sweet and salty cravings. Serve over a bed of fluffy, steamed brown rice and with a side of roasted veggies, and you've got a delicious meal in a pinch. Enjoy!
Asian Chicken Buns – 7 Smart Points
A few years ago, my aunt sent me a steamer basket. It's a beautiful wooden steamer basket with several layers, so you can steam veggies, leftover rice and meat all at once. I decided it was finally time to break it out to try these steamed chicken buns. These delicious little buns are very similar to pot stickers, but the outside is slightly different. Pot stickers are usually made with wonton wrappers, but these buns are made with a homemade yeast dough. I wanted to make these a little healthier than the original recipe, so I used half whole wheat flour. I'll admit, since this is a yeast dough, it's a little more involved than I would typically do for an appetizer type recipe, but it was definitely worth it. The outside is tender and savory, and the filling is delicious. For the filling, I started with ginger and ground chicken (or turkey). Add the bamboo shoots and shallots adds to the savory flavor for the filling. Then the filling is rounded out with the delicious seasonings that make the whole bun just delicious. While these are supposed to be an appetizer, if you've got a little extra time to make the dough, these are delicious for appetizers or even for a main dish. Serve them with some steamed, fresh or stir fried vegetables to make this a complete meal. You can also make a little extra of the seasoning sauce to use it for a dipping sauce. These are absolutely delicious – well worth waiting for the dough to rise! [Read more…]
Arugula Chicken Salad – 6 Smart Points
I'm always looking for new and delicious dressing recipes. I love to have salads, and one of the ways I like to keep my salads fresh and interesting is by changing up my dressings. I typically make my own dressing, since I can alter it however I want, and make enough for just a couple of salads. I wanted to try a tangy mustard dressing, and this one fits the bill. I like the tangy Dijon mustard and cider vinegar that is rounded out with the delicious shallots. I tried it with arugula, chicken breast and strawberries. It's a delicious combination that is light and refreshing. The strawberries add enough sweet to complement the dressing perfectly, the arugula is light and fresh and the chicken adds the savory protein to help get you through to the next meal. It's a simple and delicious salad that's great for a quick lunch during the week. [Read more…]
Lemon Rosemary Baked Chicken Legs – 4 Smart Points
One of the things that I always look for on sale is chicken. I get it on sale and then freeze it until I come up with a delicious recipe that I want to use I for. This baked chicken is just the thing. I used chicken legs that still had bones and skin. I cooked them that way to help keep them moist and tender, but then removed the skin to eat them. Citrus goes so well with chicken, so the dressing is just perfect. A little lemon with a little tangy Dijon mustard and some garlic drizzled over the top. If you like a little more of the dressing flavor in your chicken, use skinless chicken and just bake it covered to keep it moist. I added a few vegetables, just to make it a little more appealing and have another serving of veggies for the meal. I also kept my rosemary whole, since I'm not a big fan of picking the twigs out of my food. That way, the flavor of the rosemary is added to the dish, but I can take it out before serving, just like bay leaves. [Read more…]
Chicken Vesuvio Recipe – 7 Smart Points
I first had this tasty dish in a little hole-in-the-wall Italian restaurant in Los Angeles. It was served in a cast iron pan, and the smell alone was enough to have me drooling. Once I dug in, I was pretty sure I was in heaven. Moist chicken, and crisp, golden brown potatoes in a bright garlic wine sauce (it's quite garlicky, so I'd recommend this dish for garlic lovers only). It was pure perfection. I even ate the peas, which is rare for me, because peas are not my favorite. If you look online, you'll find a ton of different versions of this popular dish, but my version is slimmed down to offer all the flavor of the traditional dish, but for just 7 Smart Points per serving. Enjoy!
Green Olive and Apricot Chicken Recipe – 7 Smart Points
Heaven on a dish, this delightfully easy chicken recipe packs a tremendous flavor punch. The sweet and salty flavors of the olives and apricots are a dream, and the bit of caramelization from the chicken just makes this meal melt in your mouth. If you aren't a fan of apricots, this dish would work well with dried prunes or figs too. And I love how simple it is to prepare! I literally had it in my fridge within 5 minutes, then I just let it sit overnight, so by the time the next evening rolled around, I simply had to toss it in the oven and forget about it. Serve with your favorite salad or steamed veggies, and serve atop some warm, while wheat couscous if you have a few extra Points to spare.
Cabbage Shell Chicken Tacos with Chipotle Cream – 5 Smart Points
If there's one food I could eat everyday for weeks without tiring if it, it's tacos. That's partly because there are SO many different ways to prepare them, and I'd never get bored. For this chicken tacos recipe, I used cabbage leaves instead of traditional taco shells to help cut carbs and calories. I also added some swiss chard leaves for added nutrition and for it's aesthetics. The fresh, raw corn salsa is such a unique flavor too…which I adored. My husband said he would have preferred that the corn was roasted first, so if raw corn isn't for you, just roast the cob in the oven or on the grill first. But the real show pony of this recipe is the chipotle sour cream!! I could NOT get enough of it! These tacos were a total hit…my 6 year old devoured them….even with that cabbage shell. And at just 5 Smart Points per taco, you are getting one seriously delicious and nutritious dish!
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Pros of Liposuction
There are numerous benefits to this cosmetic treatment, including:
• Immediately noticeable modifications. Unlike conventional weight loss, liposuction develops changes that are instantly noticeable in the body. Some distinction is noticeable right away, and the desired results are generally achieved in just a couple of days.
• Proven and safe. This cosmetic treatment has actually been carried out by skilled specialists all over the world for several years and the method has actually been refined over and again to be safe and efficient.
• Healing time is usually quick. The downtime needed after having this kind of procedure is typically much less than what is required for other types of cosmetic treatments, including abdominoplasty, breast reduction, and more. People who have had the treatment can frequently return to work a lot more rapidly than they anticipated and can return to living a healthy, active way of life.
• Weight-loss can be long-term. With the right upkeep methods, the fat that was gotten rid of during the liposuction procedure will not return.
• Complete control over your physique. With liposuction, an individual can have complete control over how they want to look, beyond what conventional diet and workout can offer. Offering individuals this power over their bodies enhances self-confidence and help individuals feel their very best.
While there many advantages to liposuction, there are naturally a couple of cautions that need to be taken into account prior to making the decision to move forward with the treatment.
Cons of Liposuction
Before having liposuction done, it is very important to examine the potential downsides of the procedure and identify if the benefits exceed the risks in your certain case. Your cosmetic surgeon can help you find out more about the threats associated with the procedure and can help you decide if moving forward is the best thing for you.
• Problems with general anesthesia. Because liposuction is carried out under basic anesthesia, the procedure brings the same threats as any other type of surgery where general anesthesia is utilized. Underlying medical conditions might increase these dangers.
• Negative responses. Bruising, bleeding, and pain are all to be expected, nevertheless, in rare cases can cause more considerable complications.
• The possible to get the weight back. After having actually liposuction done, it is vital to preserve a healthy diet and exercise effectively as advised by your doctor. Failure to do so could cause getting back the weight that was lost or possibly a lot more.
Although there are risks connected with liposuction, for lots of people, the advantages far outweigh them. Educate yourself about the procedure by having thorough discussions with your cosmetic surgeon and consider how liposuction has the possible to impact you as a distinct person. Just you and your specialist can determine if liposuction will supply you with the outcomes you are looking for within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Nitro WV
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New Jersey Supreme Court
Decided: November 21, 1949.
FISCHETTO PAPER MILL SUPPLY, INC., PLAINTIFF-APPELLANT,v.QUIGLEY CO., INC., DEFENDANT-RESPONDENT
On appeal from the Superior Court, Law Division.
For affirmance -- Chief Justice Vanderbilt, and Justices Case, Heher, Oliphant, Wachenfeld, Burling and Ackerson. For reversal -- None. The opinion of the court was delivered by Wachenfeld, J.
[3 NJ Page 150] The appellant sued for the purchase price of certain merchandise delivered, to wit, waste paper.
[3 NJ Page 151]
Delivery was admitted but the respondent disputed the quantity received and the amount due. The issue so framed was decided by the jury and is not before us at this time.
The appeal concerns the issues arising out of a counterclaim filed by the respondent in which it alleges it purchased and paid for shipments of waste paper for a long time, from December, 1940, to July, 1945, and during this period was cheated and defrauded by the appellant because the weights of the shipments so made were overstated, resulting in payments over and above the reasonable value of the merchandise received to the extent of approximately $15,000. The jury returned a verdict of $9,449.62, for which judgment was accordingly entered and is presently under consideration.
The case involves a somewhat complicated state of facts in reference to the proof submitted by the respondent on its counterclaim endeavoring to show it had been defrauded by paying for merchandise never actually received.
The counterclaim alleges there was a scarcity of the commodity at the time and the appellant refused to sell and deliver any waste paper unless the weighing thereof was waived and the appellant's representation as to the true weight accepted and payment made at the prevailing market price. It further alleges that between December, 1940, and July, 1945, various quantities of waste paper were delivered to the Old Bridge plant which were represented by the appellant to weigh 4,774,724 pounds and the respondent, relying upon said representation, paid therefor, including the cost of truckage, the sum of $38,555.07. It then charges that in truth only 2,589,791 pounds of waste paper were actually delivered and the appellant had thus cheated and defrauded the respondent to the extent of $15,365.25.
Fischetto Paper Mill Supply, Inc., is a closely held family corporation and has been supplying waste paper to the respondent for many years. Quigley Company has factories in South River and Old Bridge, New Jersey. It manufactures, amongst other products, high temperature insulated fire brick, of which burnt waste paper is a component part. The paper is chopped up and added to other ingredients in precise proportions
[3 NJ Page 152]
ascertained by weighing, after which the whole mixture is put in kilns where the paper and other inflammable materials are burned out, leaving a porous and insulated brick.
The war caused a scarcity of paper supply and the appellant suggested the weighing be discontinued and in lieu thereof it would furnish weighmaster's certificates to certify the net weight of the deliveries.
Sometime in 1943 the respondent discovered at the Old Bridge plant a shortage in the book inventory of materials in relation to all of the products used in production. They were operating at full capacity but their auditors were unsuccessful in ascertaining the cause of the shortage. As a result of an anonymous telephone call in May, 1945, the respondent's plant manager became suspicious of the correctness of the certificates showing the quantity of paper delivered. The next load was therefore weighed and was found to total only 28,195 pounds instead of 41,955 pounds, the amount stated in the receipt. On the following delivery the total load was found to weigh only 19,516 pounds instead of the 29,635 pounds represented.
A complete investigation and audit were made by the respondent. Adding together the quantity of paper on hand on December 31, 1942, as determined by an inventory made on that day, the amount allegedly delivered by appellant from January 1, 1943, to July 9, 1945, and the small amounts of paper obtained through other sources and subtracting the quantity then on hand plus the amount determined from its records to have been used in manufacturing operations, a shortage of 755 tons was shown over the entire period.
It is contended (1) there was error by the trial court in not directing a verdict against the respondent and in holding it had made out a case of fraud; (2) it was error to permit the action of fraud to go against the corporation alone; and (3) error in the charge of the court to the jury.
The rule as to fraud is clear and has been consistently followed in our courts.
"In Byard v. Holmes, 34 N.J.L. 296, the rule was laid down that to maintain an action on the case for deceit, the plaintiff must
[3 NJ Page 153]
allege with reasonable certainty, and be prepared to prove -- 1. That the defendant made some representation to the plaintiff, meaning that he should act upon it. 2. That such representation was false, and that the defendant, when he made it, knew it to be false; and 3, that the plaintiff, believing such representation to be true, acted upon it, and was thereby injured." Kosobucki v. McGarry, 104 N.J.L. 65 (E. & A. 1927).
The appellant now argues, as nearly as we can ascertain from its brief, that one of the important elements in a charge of fraud is the intent with which the representation was made, and it is urged "throughout the transcript nowhere is there any proof of intent on the part of the plaintiff." Likewise, it is asserted "there was no reliance on any representation and without it, no fraud" and "there just is no representation by the plaintiff to the defendant that can be found anywhere in this record."
These contentions are hardly tenable in view of the record. Although it was partly conflicting, there nevertheless was ample testimony to indicate there had been a system of weighing and checking each load of paper which was discontinued upon the insistment of the appellant, the respondent being induced to agree to the suggestion because of the scarcity of the supply occasioned by war demands, plus the fact that it was to receive a weight certificate specifying the amount of merchandise delivered. Certainly, by inference at least, it was intended the purchaser should rely upon the certificates. Otherwise they would have no purpose or utility. In fact, the company's treasurer testified he had "been taking the word of the Fischetto Company for the amount of paper that they had delivered."
Although the respondent was aware of a marked shortage in material, it was unsuccessful in solving the problem until the receipt of the anonymous phone call, which caused the actual checking and weighing of the next two deliveries. This shed considerable light on what formerly had been a mystery.
The testimony to the effect that some of the weighmaster's certificates were not authentic but were prepared by the appellant and the figures put on after the seal had been affixed was most significant. It is difficult to conceive this as an honest
[3 NJ Page 154]
transaction with such spurious documents as its foundation. They surely were not calculated to give a financial advantage to the respondent. The intent to defraud, we think, was amply proved and there was direct testimony as to the reliance upon the representations made.
In so far as "representation" is concerned, the appellant apparently takes the position that there must be an actual oral or written statement embodying the inducement in order to form the basis of a charge of fraud. Here the representations relied upon by the respondent were the statements contained in the weighmaster's certificates and the receipts prepared and issued by the appellant. The presentation of these to the respondent at the time of the delivery of the paper constituted the representations, which, if false, are a sufficient basis for an action in fraud and deceit. Whether or not they were false under these circumstances was a question of fact to be determined by a jury.
On a motion for a direction of verdict, evidence will not be weighed but "all the proofs which support the claim of the party against whom the motions are made must be accepted as true and he is entitled to the benefit of all legitimate inferences which may be drawn therefrom. Where fair minded men might honestly differ as to the conclusions to be drawn from the proofs, the questions at issue should be submitted to the jury." Scarano v. Lindale, 121 N.J.L. 549 (E. & A. 1939); Schwartz v. Rothman, 1 N.J. 206 (1948). There was no error in failing to direct a verdict.
Nor was there error in submitting the proof on the counterclaim to the jury for its determination. The appellant declares the proof recorded to be "untrustworthy as a basis for a jury's consideration," relying on Lehigh Valley R.R. Co. v. Jersey City, 103 N.J.L. 574 (Sup. Ct. 1927); affirmed, 104 N.J.L. 437 (E. & A. 1928). There the plaintiff, after one of its meters was found to be out of order and to measure improperly the flow of water, attempted to project the shortage back over a great many years without proving the meter had been in the defective condition throughout that period. There is little parallel, for in the instant case the respondent
[3 NJ Page 155]
produced evidence to show the quantity of paper bought over the period in question and, by excluding the small quantities bought from other sources, narrowed the result to the paper purchased from the appellant. It then proved by competent witnesses the amount of paper used in manufacturing the brick, the non-existence of wastage and the fact there were no losses by fire or other casualties. To be sure, there was conflicting evidence as to fires and other matters, but these questions were all for the jury to decide and were properly submitted.
It is next contended there was error in permitting the action against the corporation alone, citing Kennedy v. McKay, 43 N.J.L. 288 (Sup. Ct. 1881). Assuming but not conceding merit in the argument so advanced, it would still not be a proper basis for a reversal. It was not relied upon nor suggested in the court below and therefore cannot be raised and passed upon here for the first time. The parties are bound by the record and by the reasons and grounds upon which they relied and advanced in the court below. Schwartz v. Rothman, supra; Woodward v. Harden, 102 N.J.L. 31 (Sup. Ct. 1925).
The court, amongst other things, charged the jury:
"To make out a case of fraud, it is necessary for a party to prove by the greater weight of the evidence that the Fischetto Company made some representation to the Quigley Company meaning that it should act upon it, and second, that such representation was false and that the Fischetto Company when it made the representation knew it to be false; third, that the Quigley Company believing such representation to be true acted upon it and was thereby injured or damaged."
Although the appellant claims these directions to the jury to be erroneous, it admits in its brief that the charge so made was accurate but says "regardless of the accuracy of the general rule stated by the court, that in the circumstances it was erroneous and made for harmful error." The argument advanced is so inconsistent it is difficult to follow but the gist of it seems to be "there was no evidence of any misrepresentation" and "as we see it, the court's charge was
[3 NJ Page 156]
entirely inappropriate in the light of the testimony of all the witnesses. No one contended that any representation was made. If that be so, there was no case of fraud." These matters have already been passed upon and disposed of under previous points and have no bearing on the correctness of the legal principle challenged. The court's charge was in accord with the authorities and there was no error as alleged.
The judgment is affirmed.
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text:
Smoked Salmon Pizza
Total Time
Prep 10 mins
Cook 0 mins
This is really an appetizer. It is served cold. It is very tasty, and quick to make.
Ingredients Nutrition
- 1 pizza crust, 12-inch pre baked
- 1⁄4 cup honey dijon mustard
- 1⁄4 cup sour cream
- 2 tablespoons fresh dill, finely minced
- 1⁄2 lb lox, thinly sliced (smoked salmon)
- 1⁄2 red onion, thinly sliced & separated into rings
- 1 tablespoon capers, well drained
- Mix mustard, sour cream and dill together.
- Spread on crust.
- Cover with salmon.
- Evenly place single layer of onion rings over salmon.
- Sprinkle with capers.
- Slice and enjoy.
Most Helpful
YUMMMM! this is too good for words, as always I did some amount adjustments, this would make great party food and I intend to make it again to serve to guests, if you love food with flavor then try this recipe it is wonderful, thanks for sharing Connie!


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Michael's Naturopathic, Garlic & Goldenseal Oil, 2 fl oz (60 ml) (Discontinued Item)
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Fool N Final
Release Date: April 30th, 2007
Not Yet Rated|2 hr. 24 min.
Plot Summary
Criminals (Shahid Kapoor, Ayesha Takia) collide when the nephew of a British don steals a diamond.
Cast: Shahid Kapoor, Ayesha Takia, Sunny Deol, Jackie Shroff, Paresh Rawal, Om Puri, Vijay Raaz, Razak Khan
Director: Ahmed Khan
Genres: Comedy


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Please help anyone who uses ebay!!!!!?
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Answer #1
| 20/12 2013 05:42
I've had nightmare customers like this as well. If she leaves negative feedback, you should contact eBay and explain the problem. They'll be able to remove it straight away.
53 %
Answer #2
| 20/12 2013 10:23
You effed up big time when you resold the items before the transactions were complete. You've lost your final value fees and put yourself in a position to get negged and your stars trashed 3 times and 3 INR claims opened against you. Despite what Sam says, eBay is NOT going to bail you out. They're much more likely to shut you down. You don't just arbitrarily decide that you've waited long enough for someone to pay. eBay has a process for that, it's called opening an unpaid item dispute. If you had gone through this process properly, you would have either received your payment or eBay would have refunded your final value fees, blocked the buyer from leaving feedback, and made it easy for you to relist. And the process can start in TWO days, not seven! Since you didn't bother to finish those transactions, they remained open, and when the buyer paid and you refused to ship, you became a non-performing seller. If you really "buy and sell a ton" you'd better learn the rules.
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| 20/12 2013 17:21
did you open an "item not paid" case? please tell me you did. that is how ebay knows what's going on. if you just took it upon yourself to relist with out opening a case then according to ebay's knowledge; the angry buyer has the right to leave feedback,
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| 21/12 2013 16:22
It will appear that way because you didnt do this through the resolution center where Ebay would have adjusted the function. Just put them in the archive. If you had cancelled the transactions she couldnt leave feedback. Next time when someone doesnt pay, open a dispute and get your seller fees back. Put in your listing you want payment within a certain number of days. When winning bidder does not pay, give a Second Chance offer to next highest bidder. So, what is your question?
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text:
Mom'S Tater Tot Hot Dish
|Canned condensed cream of chicken soup
|10 1⁄2 Ounce, undiluted (1 Can)
|Dry onion soup mix
|1 Ounce (1 Envelope)
|Tater tots
|10 Ounce (1 Package)
|Lean ground beef
|1 Pound
Lightly spread ground beef in bottom of (10 x 8-inch) utility dish.
Sprinkle soup mix on top.
Mask with soup.
Top with Tater Tots.
MICROWAVE 10 to 11 MINUTES on HIGH, or until soup is bubbly and ground beef firm.
Let stand 3 to 5 minutes.
Recipe Summary
Rate It
Nutrition Rank
Nutrition Facts
Serving size: Complete recipe
Calories 1689 Calories from Fat 748
% Daily Value*
Total Fat 86 g132.1%
Saturated Fat 31.5 g157.7%
Trans Fat 0 g
Cholesterol 283.8 mg94.6%
Sodium 4603.2 mg191.8%
Total Carbohydrates 119 g39.8%
Dietary Fiber 7.5 g30.2%
Sugars 7.4 g
Protein 110 g220.3%
Vitamin A 10.9% Vitamin C 31.9%
Calcium 12.5% Iron 87.7%
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January 20, 1982
SHOP & SAVE FOOD MARKETS, INC.v.PNEUMO CORP., ABBOTT REALTY CO., AND P & C FOOD MARKETS, INC.
Before: FEINBERG, MESKILL, Circuit Judges, and PALMIERI, District Judge.*fn*
PALMIERI, D.J.: The plaintiff Shop & Save, a Vermont corporation, operates retail grocery stores in St. Johnsbury, Derby and Lyndonville, Vermont.The defendant Pneumo Dynamics Corporation (Pneumo), a Delaware corporation, owns or controls the other defendants: P & C Food Markets, Inc. (P & C), a New York corporation operating a chain of retail grocery stores in Vermont and elsewhere; Cross Company, a wholesale grocery distributor acquired by Pneumo in 1972; and Abbott Realty Company (Abbott), a Vermont Corporation that manages property on behalf of Pneumo, which was acquired with Cross in 1972.
Prior to the events giving rise to the instant controversy, plaintiff purchased substantially all of its groceries from Cross. It had also been a month-to-month sublessee of the property where it operates its Lyndonville grocery store from 1970 to 1977, paying a rental of $20,000 per year. The principal lessee was and is Abbott Realty, whose assets were transferred to P & C by Pneumo in 1977.
In July 1976 plaintiff sought from defendants a long-term sublease with renewal options. At the same time, it began to purchase a portion of its wholesale groceries from a competitor of Cross. Prolonged negotiations ensued until, ten months later in May 1977, a long-term sublease was agreed to at $31,500 per year plus 1.5 per cent of plaintiff's annual sales above $1,500,000.
At the initial stages of negotiations, Pneumo informed plaintiff that it would not offer a lengthy sublease at the month-to-month rate because that figure did not reflect current market value and it feared that the loss of plaintiff's wholesale purchases from Cross would diminish the total value of its relationship with plaintiff in Lyndonville. It also became clear from the correspondence between the parties that Pneumo's subsidiary P & C would be opening a competing retail grocery store in Lyndonville.
When plaintiff indicated that it did not wish to commit itself to purchases from Cross, Pneumo responded with an offer of a long-term sublease at the terms finally agreed to in May 1977. Prior to this final agreement, however, several offers and counteroffers were considered and may have been operated under for a short period of time. Among these was an offer by Pneumo that rent vary from $20,000 to $31,500 per year according to the amount of groceries purchased from Cross. Plaintiff found the rent formula acceptable ("we have no alternative but to accept") but was not satisfied with the lease terms and renewal options offered by Pneumo. Subsequently, Pneumo revoked its variable rent offer, and reiterated its flat rent offer upon which terms the parties finally agreed.
Issues Presented
Appellant claims that the district court erred in granting summary judgment for defendants on the two section 1 Sherman Act violations it alleged: (1) a group boycott or concerted refusal to deal; and (2) a tying arrangement.*fn1
Summary judgment is useful as a "procedural weapon to pierce sham claims and resolve actions where the facts are undisputed. "American Manufacturers Mutual Insurance Co. v. American Broadcasting-Paramount Theatres, Inc., 388 F.2d 272, 278 (2d Cir. 1967); aff'g district court on remand, 446 F.2d 1131 (2d Cir. 1971), cert. denied, 404 U.S. 1063 (1972). It is often, however, "too blunt a weapon with which to win the day, particularly where... complicated issues of fact must be resolved in order to deal adequately with difficult questions of law which remain in the case." Miller v. General Outdoor Advertising Co., 337 F.2d 944, 948 (2d Cir. 1964). This is particularly true in the case of antitrust litigation, see Poller v. Columbia Broadcasting System, Inc., 368 U.S. 464, 473 (1962), although in the proper case summary judgment may be granted, see Capital Temporaries, Inc. v. Olsten Corp., 506 F.2d 658, 667 (2d Cir. 1974); Coniglio v. Highwood Services, Inc., 495 F.2d 1286, 1292-93 (2d Cir.), cert. denied, 419 U.S. 1022 (1974). Whether or not a material fact is in dispute, so as to preclude summary judgment, is a "matter of informed and properly reasoned judgment" as the law provides "no magical talisman or compass [to] serve as an unerring guide" in this determination. American Manufacturers Mutual Insurance Co., supra at 279. If a material issue of fact does exist, the court may not grant summary judgment unless, assuming all facts alleged by plaintiff, and the reasonable inferences to be drawn thereupon, to be true, it finds that the law does not recognize plaintiff's claim for relief.
We are satisfied that Judge Coffrin's thorough opinion properly applied the above standards to the claims before him on the issue of a group boycott or concerted refusal to deal. We must reverse and remand, however, on the issue of whether an illegal "tying arrangement" existed since we believe the grant of summary judgment by the lower court was premised on a too limited view of the types of acts which may satisfy the "tying" element of this section 1 violation.
The Supreme Court has defined an illegal tying arrangement as "an agreement by a party to sell one product but only on the condition that the buyer also purchases a different (or tied) product, or at least agrees that he will not purchase that product from any other supplier." Northern Pacific Railway Co. v. United States, 356 U.S. 1, 5-6 (1958). A tying arrangement will be per se illegal, and thus prohibited without proof of unreasonable anti-competitive effect, if in addition to a "tie" of two distinct products it is demonstrated that: defendants possess sufficient economic power in the tying market to coerce the purchase of the tied product; actual coercion to purchase the tied product was employed; anticompetitive effects result in the tied market; and a noninsubstantial amount of interstate commerce is involved in the tied market. Fortner Enterprises, Inc. v. United States Steel Corp., 394 U.S. 495 (1969); United States v. Loew's Inc., 371 U.S. 38 (1962); Northern Pacific Railway Co., supra; Times-Picayune Publishing Co. v. United States, 345 U.S. 594 (1953); International Salt Co., Inc. v. United States, 332 U.S. 392 (1947); Yentsch v. Texaco, Inc., 630 F.2d 46, 56-57 (2d Cir. 1980); Hill v. A-T-O, Inc., 535 F.2d 1349, 1352-55 (2d Cir. 1976); Capital Temporaries, Inc. v. Olsten Corp., 506 F.2d 658, 661-63 (2d Cir. 1974); Coniglio, supra, at 1289.
As stated in Northern Pacific Railway Co., supra, at 6:
Where [tying] conditions are successfully exacted competition on the merits with respect to the tied product is inevitably curbed. Indeed "tying agreements serve hardly any purpose beyond the suppression of competition." Standard Oil Co. of California v. United States, 337 U.S. 293, 305-306. They deny competitors free access to the market for the tied product, not because the party imposing the tying requirements has a better product or a lower price but because of his power or leverage in another market. At the same time buyers are forced to forego their free choice between competing products. (footnote omitted)
The inherently pernicious effects of tying arrangements are thus deemed to require "per se illegal" treatment.
Judge Coffrin found it unnecessary to analyze each element of successful tying claim because he thought there was a failure of any allegations of the most basic element -- a "tie":
We do not reach the issues of economic power and coercion that plaintiff has briefed at length because we fail to discern two products that are linked in this case. As the parties' arrangement stands at this time, defendant exerts no influence over the allegedly tied market, i.e. wholesale groceries....
... We cannot find a tie-in on the basis of what might have been.... Any possibility of a tying arrangement was extinguished [when a non-tying agreement was reached] regardless of what the parties earlier may have contemplated or what the motive of defendants may have been. Opinion and Order of the District Court, July 22, 1980, at 5-6.
Judge Coffrin thereupon granted summary judgment for defendants finding the absence of a successful tie, despite plaintiff's allegations that it was coerced into accepting a "penalty rent" in lieu of a "leasehold-grocery" package.
We find that plaintiff's allegations of fact, and the inferences to be drawn therefrom, would satisfy the requirement of a tie if a substantial "penalty" were indeed forced upon plaintiff in a manner prohibited by section 1 of the Sherman Act. While a prototypical tie is demonstrated by the embodiment of two distinct products in a final agreement, we find that an unsuccessful tie which results in a price penalty for the single item agreed upon satisfies the tying requirement as well.
A price penalty, if high enough, has as much anticompetitive effect as a traditional tie-in. This case potentially demonstrates how a penalty rent could be used to achieve the effects of a tie-in. If we assume that the penalty rent is high,*fn2 then Shop & Save will be forced to pass the increment on to its customers. The higher prices encountered at Shop & Save's Lyndonville store will influence customers to do their shopping elsewhere, perhaps at the store run by defendant's subsidiary, P & C. If we were to further assume that mainly Cross products were sold in P & C stores, then this would, in turn, give the Cross products a competitive edge that is due not to their intrinsic worth, but to the economic clout exerted by Pneumo, as lessor of appellant's grocery store. This arrangement would then have the deleterious effect described by the Supreme Court in Northern Pacific Railway Co. v. United States, 356 U.S. 1, 6 (1958): "[Tying arrangements] deny competitors free access to the market for the tied product, not because the party imposing the tying requirements has a better product or a lower price but because of his power or leverage in another market." The ability of certain competitors to disguise tie-ins should not be allowed to thwart the important policies embodied in the Sherman Act. Cf. Hill v. A-T-O, Inc., 535 F.2d 1349 (2d Cir. 1976) (giving free memberships in buying clubs only to vacuum cleaner purchasers may violate the anti-tying statute); Osborn v. Sinclair Refining Co., 286 F.2d 832 (4th Cir. 1960), cert. denied, 366 U.S. 963 (1961) (cancellation of lease violative of tie-in statute upon proof that lease was cancelled for lessee's refusal to purchase products from lessor).
Nothing in the Supreme Court's decisions militates against*fn3 or compels*fn4 a finding that a disguised tie-in can violate the Sherman Act. Yet the logical conclusion to draw, based on the polict prohibiting tying arrangements, is that the pernicious effects of a tie sought to be eradicated is the anticompetitive coercion of a party to take that which he does not seek because of the market power exerted by another by virtue of the latter's control over the tying product's market.
Where, on a motion for summary judgment, sufficient facts are alleged to permit reasonable inferences that a tying arrangement was sought to be "forced" upon a plaintiff and, although not finally agreed to, the resulting price for the single tying product reflected a significant penalty extracted to avoid purchase of the tied product, the plaintiff has stated a sufficient case on this issue to have it presented for trial. Since we find that the record before the trial judge permitted such inferences, thus presenting a genuine issue of fact which precludes summary judgment, we reserve and remand for proceedings consistent with this opinion.
We suggest, however, that in the interest of judicial economy the district court first consider for trial any or all of the three prongs to the test enunciated herein: (1) whether the defendants were seeking to tie the leasehold with a purchase of wholesale groceries; (2) whether the agreed upon rent embodied a significant penalty; and (3) whether such penalty was the result of anticompetitive coercion exerted by defendants.*fn5 The determination of these issues is left to the trier of fact's reasoned judgment. We set forth the following guidelines, however, for consideration of these issues.
The first decision -- whether defendants sought a tying arrangement -- should be based upon an assessment of the negotiation proposals actually made, including the inferences to be drawn from the course of negotiations, which would establish whether the defendants did seek plaintiff's agreement to a "package deal."
The second decision -- whether a significant penalty resulted -- should rest upon such considerations as the fair market value of the leasehold and the special additional value when obtained by a month-to-month lessee already in possession, e.g., avoidance of moving expenses, the cost of business suspension, and the expenses of installation at a new site. We recognize that the determination of whether, and to what extent, a penalty rent was exacted cannot be made with mathematical certainty in the immediate case. In light of the policy embraced in the Sherman Act, as well as the treble damages authorized by it, we find that a section 1 tying violation will exist only if a significant penalty price for the tying item alone has been exacted. Cf. SmithKline Corp. v. Eli Lilly & Co., 427 F. Supp. 1089, 1110-14 (E.D. Pa. 1976), aff'd on other grounds, 575 F.2d 1056, (3d Cir.), cert. denied, 439 U.S. 838 (1978) (no illegal tie was found to exist where a 30% "bonus rebate" on the tying product was conditioned on the purchase of the tied product, since the plaintiff was "free to take either product by itself").
The final decision -- whether such a penalty was the result of anticompetitive coercion -- should be resolved on the basis of this circuit's precedents on the issue. See, e.g., Hill, supra at 1355; Capital Temporaries, Inc., supra at 661-63; American Manufacturers Mutual Insurance Co., supra at 1136-37.*fn6
If, after trial, it were found that any of the above elements were not proven by plaintiffs, no violation of section 1 of the Sherman Act would have occurred.*fn7
We therefore reverse and remand the district court's grant of summary judgment on the tying claim, and affirm in all other respects the decision below.
MESKILL, Cir. J. (Concurring in part and dissenting in part):
Section 1 of the Sherman Act declares illegal "[e]very contract, combination..., or conspiracy, in restraint of trade...." 15 U.S.C. § 1 (1976). However, since Standard Oil Co. v. United States, 221 U.S. 1 (1911), it has been recognized that only unreasonable restraints of trade are prohibited. In evaluating conduct under section 1, the Supreme Court "has held that certain agreements or practices are so 'plainly anticompetitive,'... and so often 'lack... any redeeming virtue,'... that they are conclusively presumed illegal without further examination under the rule of reason generally applied in Sherman Act cases." Broadcast Music, Inc. v. CBS, 441 U.S. 1, 8 (1979) (citations omitted). One of the types of conduct which have been held to be illegal per se is the tying arrangement. International Salt Co. v. United States, 332 U.S. 392 (1947).
"[T]he vice of tying agreements lies in the use of economic power in [the tying] market to restrict competition on the merits in [the tied market]." Northern Pacific Railway Co. v. United States, 356 U.S. 1, 11 (1958); see Times-Picayune Publishing Co. v. United States, 345 U.S. 594, 605 (1953). Therefore, as the Supreme Court and this Circuit have held, to prove a tying violation a plaintiff must establish, inter alia, the existence of two separate and distinct products, see Northern Pacific Railway Co. v. United States, 356 U.S. at 5-6; Coniglio v. Highwood Services, Inc., 495 F.2d 1286, 1289 (2d Cir.), cert. denied, 419 U.S. 1022 (1974), that he was actually coerced by the seller into agreeing to buy the tied product, Capital Temporaries, Inc. v. Olsten Corp., 506 F.2d 658, 662-63 (2d Cir. 1974); Hill v. A-T-O, Inc., 535 F.2d 1349, 1355 (2d Cir. 1976), or at least into agreeing not to purchase the tied product from another, Northern Pacific Railway Co. v. United States, 356 U.S. at 5-6, and that the illegal tying arrangement resulted in the actual foreclosure of competition in the tied product market, id. at 6; International Salt Co. v. United States, 332 U.S. at 396; Yentsch v. Texaco, Inc., 630 F.2d 46, 58 (2d Cir. 1980); Coniglio v. Highwood Services, Inc., 495 F.2d at 1292. An attempt to force a tie which results only in an agreement to pay a higher price for the tying product is not, by itself, a tying violation. Plaintiff has not agreed to buy the tied product from defendant or to refrain from purchasing the tied product from another.
The majority asserts, nevertheless, that the exaction of a penalty price for the tying product has an much anticompetitive effect in the tied market as a traditional tie-in and, therefore, should be treated as the functional equivalent of a tying arrangement. The sole support for this proposition is the claim that, in the present case, it is conceivable that because Shop & Save had a pay a higher price for the tying product, it will be forced to raise its retail grocery prices which will in turn lead to an increase in P & C's retail market share and to an increase in Cross' share of the wholesale grocery market.
I do not believe that per se rules should be expanded merely because one hypothetical situation can be perceived in which an anticompetitive effect could possibly result. The Supreme Court has stated that in deciding whether to classify conduct as per se illegal,
our inquiry must focus on whether the effect and, here because it tends to show effect,... the purpose of the practice are to threaten the power operation of our predominantly free-market economy -- that is, whether the practice facially appears to be one that would always or almost always tend to restrict competition and decrease output, and in what portion of the market, or instead one designed to "increase economic efficiency and render markets more, rather than less, competitive".
Broadcast Music, Inc. v. CBS, 441 U.S. at 19-20. The majority has not indicated, nor can I discern, a connection between the tying and the tied markets from which to conclude that the exaction of a penalty price for the tying product "always or almost always tend[s] to restrict competition and decrease output" in the tied market.
The lack of a definite nexus between the tying and the tied markets can be illustrated by the present case. For example, rather than raise its retail prices and risk a loss in market share, Shop & Save may cut its other costs of operation or may find a new supplier who offers wholesale groceries at lower prices. Furthermore, Shop & Save may absorb the increased cost of the tying product by maintaining prices and cutting its profit margin. Even if Shop & Save is forced to raise its prices it will not necessarily lose customers. Shop & Save may be able to maintain its customer base through non-price competition. Finally, any loss in Shop & Save's market share will not necessarily result on the restriction of competition in the wholesale grocery market. Other retail stores who do not purchase wholesale from Cross may acquire Shop & Save's lost market share.
Thus, as is evident, the anticompetitive effect perceived by the majority is too attenuated and too speculative properly to serve as a basis for expanding the definition of "tying arrangement." Therefore, I would confine the tying label to cases where the buyer was the "unwilling purchaser of the tied product[,]" Capital Temporaries, Inc. v. Olsten Corp., 506 F.2d at 663, or where he actually agreed not to purchase the tied product from the seller's competitors, Northern Pacific Railway Co. v. United States, 356 U.S. at 5-6.
In deciding whether to invoke the per se rule, we must be cognizant of the teachings of the Supreme Court that "easy labels do not always supply ready answers[,]" Broadcast Music, Inc. v. CBS, 441 U.S. at 8, and that "[i]t is only after considerable experience with certain business relationships that courts classify them as per se violations of the Sherman Act[,]" United States v. Topco Associates, Inc., 405 U.S. 596, 607-08 (1972). Accordingly, as we recently noted, the expansion of per se rules should be approached with great caution. Copy-Data Systems, Inc. v. Toshiba America, Inc., slip op. 169, 179 (2d Cir. Nov. 2, 1981). The alleged unlawful conduct may well give rise to a cause of action. However, it does not constitute an unlawful tying arrangement, a group boycott or a concerted refusal to deal. Therefore, I disagree with that portion of Judge Palmieri's opinion that holds otherwise.I would affirm Judge Coffrin's decision in its entirety.
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