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50 england 35 uk 17 city 16 unitedkingdom gb london 14 britain urban 12 autumn 11 architecture 10 landscape 8 street people colour 7 night photography bw europe candid clouds 6 sunset greatbritain reflection monochrome river outdoor red british streetphotography 5 color blackandwhite trees man blue 2016 colours water beautiful nikon building 4 nikond750 serene black lakedistrict dusk white capital longexposure canoneos6d nature lake le morning tree fall bridge art colors lights buildings stairs londres sky manchester riverthames beach 3 cityscape steps photographer foliage ロンドン olympusomdem5 londonphotographer davidgutierrezphotography standing dungeness urbanarte tube macphuntonality weather londra d810 horizontal geotagged dawn noiretblanc 런던 underground lines alone m43 canon woman orange engeland meer bag lunaphoto sunrise cumbria pebbles
8 england,uk 7 england,london 6 gb,london london,uk 5 london,urban gb,uk uk,urban 4 city,uk city,london autumn,england 3 architecture,england
Douguerreotype 5 AdelheidS photography 3 davidgutierrez.co.uk OR_U Peter.Bartlett James Waghorn Giuseppe Milo (www.pixael.com) Mobile Lynn johnkaysleftleg Geoff Moore UK keithhull steff808 Maria-H lee.45 Keith in Exeter Richy Scotland esnalar sarah_presh lunaryuna Ninja Dog - 忍者犬 Martin Birks ►►M J Turner Photography ◄◄ ho_hokus incognitomip - LRPS little_frank The ChickenWing Pete Rowbottom, Wigan, UK plot19 desomnis Maverick sisyphus007 Andy Gant Anthony White Tony Shertila
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Five Functions of the Muscular System
The muscular system in your body is composed of skeletal muscle, cardiac muscle and smooth muscle. Skeletal muscle attaches primarily to your skeleton and moves voluntarily or by reflex. Cardiac muscle is the muscle of your heart and contracts involuntarily. Finally, smooth muscle is found in your blood vessels, eyes, hair follicles and the walls of hollow organs like your stomach and intestines.
Skeletal Muscles Create Movement
The primary function of skeletal muscle is to produce voluntary gross and fine movements. Large movements include walking, standing, gathering food, cooking food, turning in a chair, running, playing sports and lifting weights. Fine motor skills or smaller movements include chewing, closing your eyes, blinking, typing, writing and talking. Your skeletal muscles will also contract as a reflex to stimuli, like moving your hand from a very hot coffee cup or blinking your eyes when an eyelash lands on the surface of the eye.
Skeletal Muscles Protect Organs
The abdominal muscles and the muscles of your lower back help to protect your vital organs. Your abdominal cavity is not protected by bones in the way that your rib cage protects your heart and lungs. Your rectus abdominus, or "six pack" muscle; your obliques, found at the sides of your torso; and your transverse abdominus, running side to side across the front of your abdominal cavity, protect your organs from the front and sides. From the lower back, your lats, quadrates lumborum and your psoas muscles, which run from the bottom area of your ribs to your pelvic bones, protect your organs from the back of your abdominal cavity.
Cardiac Muscle Pumps Blood
The contraction of heart muscle is involuntary and primarily controlled by your heart's own electrical system, with and without influence from factors in the blood. Your heart is responsible for receiving blood from your muscles and other organs, pumping it into your lungs to pick up oxygen, receiving the blood back from the lungs and then pumping it out through your arteries to supply your entire body. If your heart's muscle does not receive enough blood supply due to blocked coronary arteries or lack of sufficient oxygen, you are at risk of having a heart attack.
Smooth Muscle Aids Digestion
The smooth muscles in your stomach and intestines work to help process the food you eat. The involuntary contractions in your stomach and intestines aid in digestion and in moving the food along your digestive tract, ultimately directing indigestible substances and stool into your rectum.
Smooth Muscle Ensures Blood Flow
There are also smooth muscles in the walls of your blood vessels. When your heart contracts, your arteries expand to accept the blood expelled. The smooth muscles in your arteries relax and contract to help circulate the blood throughout the circulatory system, and regulate your blood pressure. If plaque builds up on the walls of your arteries, your arteries can harden, interfering with blood flow and the functioning of the vessel walls.

subset: commoncrawl


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Our mission is to become a worldwide reference for education in the field for all professionals involved in the process to dissemintate knowledge & skills of Acute Cardiovascular Care
Our mission is to promote excellence in clinical diagnosis, research, technical development, and education in cardiovascular imaging in Europe.
Our mission: To promote excellence in research, practice, education and policy in cardiovascular health, primary and secondary prevention.
Our goal is to reduce the burden in cardiovascular disease in Europe through percutaneous cardiovascular interventions.
Our Mission is "to improve the quality of life of the population by reducing the impact of cardiac rhythm disturbances and reduce sudden cardiac death"
To improve quality of life and logevity, through better prevention, diagnosis and treatment of heart failure, including the establishment of networks for its management, education and research.
Working Groups goals is to stimulate and disseminate scientific knowledge in different fields of cardiology.
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To join a Committee or Study Group, you must be an HFA Silver or Gold member or Fellow of the HFA.
Applicants for all Committees will be informed once the committee members are validated by the HFA Board.
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Meetings take place at least twice a year (at HF congresses and ESC congresses) with occasional stand-alone meetings when the workload and committee events dictate.
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Confetti loves unique wedding favour ideas. And with more and more people going green, these seed packs make a great eco friendly alternative to the mainstream. With environmental concerns foremost…
Written by Anyonita Green Last updated: May 26, 2015
If you won't be leaving your reception early to jet off on your honeymoon, you'll need somewhere to stay on your first night as newlyweds. We'll look at traditional accommodation options, give you lists of what to pack and also provide tips on how to make that first night as Mr and Mrs extra special.
If you're holding your reception in a hotel, you'll most likely be offered a bridal suite. This is traditionally where couples spend their first night as newlyweds. It's a popular choice because after a long day of taking photos, smiling, chatting with your guests and dancing, you won't have to travel far to find a bed. If you like the idea of staying on site, check with your reception venue that they offer a bridal suite and that the cost is included in your reception package. Never assume that you've been allocated the bridal suite just because your reception is in a hotel. In our experience, private hotels tend to offer bridal suites as standard at no extra charge, while large chains can charge for them and are only offered if asked. that has a bridal suite, that could be the obvious place to spend your first night. In fact, it could even be included in the price of your reception.
Of course, if you don't want to stay at your reception venue, or if you can't, you'll have to decide where to bed down for the night. Ideally, don't choose anywhere that requires loads of travel. The last thing you'll want is a long journey on the night of your wedding! And if you have family staying at the reception venue or nearby, you may want to see them in the morning before they had back home–especially if they've travelled in for your Big Day. When staying off site, you don't have to stay in a traditional "wedding-y' hotel. Stay in a place that makes sense for you and your Mr and Mrs.
Maybe the two of you are avid campers and the idea of roughing it beneath the stars, making love in a secluded forest is most appealing? Or perhaps you'd like to be pampered in a luxury boutique hotel or make yourselves comfy in a family-run B&B? Better yet, maybe your ideal first night is in your own home where the two of you can relax in familiar surroundings and reflect on the events of the day? No matter what you choose, make sure it's what you prefer!
If you're heading off on your honeymoon the day after your wedding, you'll of course need to pack your clothes, passport, toiletries and whatever essentials you'll need. If not, all you have to concentrate on is packing a luxurious overnight bag. Consider packing the following:
Traditionally, there has always been a lot of hype associated with the first night as Mr and Mrs, but we don't think this is necessary. In the past, the wedding night has been idealised because it was when the bride would lose her virginity to her groom. While there are still some people who practice abstinence and who will be virgins on their wedding night, this isn't the case for most. In fact, many of us cohabit with our spouse long before we get married.
Even if you have been living together for years, and even if you have already lost your virginity by the time you get married, there are three simple ways to make your first night as newlyweds extra special:
With your wedding plans underway it's time you take a step back and consider how you will transform your venue...


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Montgomery AL bad credit apartments. Are on a quest for a rental town home, home, condo or apartment in Montgomery AL but have recently received a denial letter? Or it may be that you are thinking of renting but are worried that you will definitely be denied based on your credit rating or rental history. Since apartments in the Montgomery area started routinely checking credit and background histories, numerous individuals have had to endure the disappointment of being denied a place to live. …Read more
List of Montgomery AL bad credit apartments. Are you struggling with getting approved for an apartment in Montgomery AL, due to bad credit, a broken lease, felony, misdemeanor or no proof of income (no job)? You're not alone. Hundreds of individuals and families in the Montgomery area are experiencing a degree of frustration owing to recent changes in property rental laws. These laws have caused most apartments to conduct routine credit and rental history checks on all potential …Read more


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Quonset-style buildings, or Q-Models, are the foundation of the SteelMaster business. These arch style buildings are renowned for their strength and versatility and are the simply the best value prefab metal buildings on the market.
SteelMaster quonset hut kits have been used for applications ranging from homes to hay storage and from garages to aircraft hangars.
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Since the value of your farm and agriculture building is really in its ability to protect the equipment stored inside, SteelMaster steel agricultural buildings provide maximum protection for your farm equipment. Our farm storage buildings are made with the highest quality steel and are fully customizable to fit your needs. The building can be used to store machinery, livestock or crops. SteelMaster provides the best solution to keep your investments protected and safe from the elements using heavy commercial grade steel to provide unparalleled strength and durability.
SteelMaster hay storage buildings are the most durable, most economical, highest quality hay barns you'll find anywhere. Unlike traditional wood pole barns, SteelMaster hay storage sheds aren't prone to rotting, don't require painting and won't attract unwanted critters. Like all SteelMaster buildings, our hay barns feature a clear span arch design that is structurally superior to straight wall buildings. SteelMaster hay storage sheds offer 100 percent usable space and are fully customizable — you choose the model, width, length and endwall style that best suits your needs. Don't overpay for an inferior hay storage building that will cost you additional money and precious time to construct.
For those who have the time, inclination, and the ability to follow instructions, assembling a barn, stall or run-in shed from a building kit is a great option. Do-it-yourself kits can yield impressive savings and offer you control over the building size and options. Clear span buildings have no interior weight-bearing posts, allowing maximum in interior layout flexibility. Steel barns are extremely strong, less expensive than wood, require little upkeep –they won't rot or warp, and it's not subject to chewing or animal damage.


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If you're struggling to come up with a creative way to propose to your girlfriend, then just stick to the basics. It's better to keep your proposal classic and simple rather than blow the whole thing by going over the top. Pick one of these romantic methods and get your girl to say yes!
Even if your first date was an absolute disaster, it's still an important memory you share with your girlfriend. Proposing at the place where you two had your first romantic encounter will definitely tug at her heartstrings. Whether you met for dinner, a movie, or cup of coffee; you'll both be in a romantic mood by the end of your revisited date. When the time feels right, get down on one knee and pop the question.


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Most mystics throughout history were known to have theological connections before they were given sight into Divine realms. They were nuns, priests, monks, yogis, seekers, or experienced followers of some kind of faith.
I, however, was given sight into Divine realms without any understanding of, or interest in, religious teachings. Unwitting Mystic is the firsthand account of what happens when an ordinary person is given extraordinary wisdom that challenges, and eventually changes, everything in their world.
Unwitting Mystic follows the collapse of a successful executive life in Washington, DC and the rise of an unexpected monastic life in India, frequently veering into otherworldly realms to reveal encounters with God, Jesus, Buddha and angels. As the incredible scale of these mystical visions and insights unfolds, so does the extent of my confusion in trying to understand who I am, why these events keep happening, and what I am supposed to do with all I know.
Ultimately, Unwitting Mystic is a profound story of survival, self acceptance and resurrection, including resurrection of the goodness – or Godness – I have been watching rise up in all of humanity from my unique vantage point.
Read reviews on Amazon.com!
Watch Mary's interview on Superpowers!
Watch Mary's interview on Buddha at the Gas Pump!
Listen to Mary's interview on Awake 2 Oneness Radio!


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In The Complete Guide to Infomercial Marketing you get all the insights and know-how of Tim Hawthorne, one of the long-time leaders of the infomercial business: Drawing on his 20-plus years' experience producing some of the most profitable infomercials ever made, Hawthorne provides step-by-step practical guidance to help you.She shows us Altima:Extra card graphically list features: a#39;aquot;Specially trained dealer contacts * Appointment scheduling * Quick Financing Option ... Nissan has the answer for that too. ... all these VIP benefits: And when you buy or lease a new Altima, youa#39;ll get 40% off its theft deterrent system with remote keyless entry . . . or , anbsp;...
|The Complete Guide to Infomercial Marketing
|Timothy R. Hawthorne
|Ntc Business Books - 1997-01-01


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A surfer was killed in a savage shark attack off Australia's west coast, officials said, the fifth such fatality in the region in less than a year.
The man was surfing near Wedge Island, north of Perth, on Saturday morning with a friend when he was mauled by the shark, suffering severe and extensive injuries.
Beach patrol officials confirmed that the attack was fatal, and a large-scale air, coast and sea search was underway for the remains of the victim, who was reported to be in his early 20s.
A police spokesman told AFP: "At this stage no remains have been located."
It is the fifth fatal shark incident off Western Australia since September -- an unprecedented number that sparked calls earlier this year for a cull.
Local marine scientists have described Australia's west coast as the deadliest shark attack zone in the world, and a tagging and tracking programme has been launched in a bid to limit fatalities.
A sea kayaker narrowly escaped the jaws of a great white shark last month, with a friend managing to pluck him from the water after he was rammed by one of the marine predators off Perth's Mullaloo Beach.
That attack came just hours after another great white, thought to be five metres (16 feet) long, lunged from the water at a crab fisherman at a dive park south of Perth.
Sharks are common in Australian waters but deadly attacks are rare, with only one of the average 15 incidents a year typically proving fatal.
Experts say the average number of attacks in the country has increased in line with population growth and the popularity of water sports.


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I'm glad to announce that I'll be speaking in Rome at the Gladiators Fest (see the original in Italian): this is the first event organized by the .NET user group in Rome and I've been invited by Emanuele Mattei to talk about my IT passion: ASP.NET MVC.
I'll held two session:
The event is planned for Wednesday October 21st, and the location is a bit outside Rome, at the SAP Auditorium (map).
For more information, the agenda, the list of speakers and the direction to arrive at the location with public transportation please read the official event page: DotNetRomaCeStà – Evento Gladiatori Fest (in English)
I've very excited to participate to this event, since it's the startup event of the community and it is being planned since a long time.
I want to thank Emanuele for the giving me the possibility, and Wrox for providing a few copies of my Beginning ASP.NET MVC book to give away at the event.
See you there.
This is the blog of Simone Chiaretta, an Italian .NET developer, architect, ex-Microsoft MVP, ASPInsider, Subtext core member, ASP.NET MVC lover with a passion for triathlon.
Want to know more? Keep reading...
I also wrote a few books about ASP.NET MVC.
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Mamanista! » Entries tagged with "hostess gifts"
Holiday Hostess Gifts
As the holiday season approaches, thousands of invites will be sent out for a variety of holiday parties. All guests are eager to show their appreciation and thanks and a great way to do that is through the appropriate gifting of a hostess present. The biggest dilemma that accompanies a hostess gift is to simultaneously not spend too much money but also gift something thoughtful and meaningful. A great way go about this situation is to … Read entire article »
Filed under: Eco-Friendly, Featured, Gift Ideas


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Horizon Robotics team receives award
The Brick Busters, Horizon Christian School Robotic team, participated in the First Lego League Qualifying Tournament Dec. 3-4 in The Dalles. There were 20 teams represented at the tournament from around Oregon.
Swags for Hospice
Odell Garden Club members Judy Wols Jackie Shaw, Jill McBee, Diana Carroll, Margaret Taylor and Norma Curtis, club president, recently made 64 mini swags at Hood River Valley High School for Heart of Hospice patients.
Community organizations join forces to reduce hunger in the Gorge
Six months ago, representatives from over two dozen agencies and political offices met in The Dalles with an ambitious charge from the governor's office: to form a coalition to decrease hunger and increase access to quality food in the Columbia River Gorge.
Balloons for Benji
Mid Valley Elementary students and families gathered together...
City honors Water Polo
Mayor Paul Blackburn greets the Hood River Valley High School's state champion water polo team as they are honored in Monday's Hood River City Council meeting.
Gorge Robotics tournaments coming: FLL competitions scheduled for Dec. in The Dalles and Odell
Families and robot lovers of all ages are invited to watch the fun at the Columbia Gorge FIRST LEGO League (FLL) Tournaments in December.
'It's On Us': students shine light on assault
It's almost scary how little we talk about it.
Historic collections and the community: What to know in making a year-end gift to the museum
As the holiday season draws near, The History Museum of Hood River County is getting ready for end-of-year gifts from donors who wish to take advantage of any tax benefits that their giving to charitable non-profit organizations can provide.
Health Authority honor recognizes Lynne Frost and HRV health center
Long before she came to work at One Community Health (OCH), Lynne Frost believed strongly in a School-Based Health Center for her community.
First Book awards five grants to local programs
First Book is a national nonprofit organization (501c) with a simple mission: to provide new books to children and youth in need, addressing one of the most important factors affecting literacy — access to books. Team First Book/Hood River is part of the national literacy effort and has been awarding book grants since 2000.
Death Café returns to library Nov. 30
The Hood River Library will host its eighth Death Café on Wednesday, Nov. 30 at 6:30 p.m. in the Hood River Library Reading Room.
'Being Mortal' film screens Nov. 20 at Center for the Arts
Providence Hood River Memorial Hospital holds a free screening of the documentary "Being Mortal" on Nov. 20 at 2 p.m. at Columbia Center for the Arts.
'Stepping Outside Polite Conversation': Tar Sands Valve Turners speak Tuesday in HR
The Tar Sands Valve Turners — not a rock band, but a group of committed anti-fossil fuel activists — will speak Nov. 15 in the Pioneer Room at Riverside Community Church in Hood River. Doors open at 6:30 p.m. and the program starts at 7 p.m.
Chair Affair Nov. 11
The annual "Chair Affair" event for Westside Elementary will be Nov. 11 at Springhouse Cellars from 6-10 p.m.
AARP holds Safe Driver class in HR Nov. 10-11
The next AARP Safe Driver class will be held at Down Manor on Thursday and Friday, Nov. 10-11 from 8:45 a.m. to 12:15 p.m. The two-day class will cover the many changes in Oregon's driving laws in the past few years.
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Second Saturday at WAAAM Air and Auto Museum -- 12/10/16 at Western Antique Aeroplane & Automobile Museum
Latest blog posts
- Hands on the wheel, hands on the fiddle
- Nick Moss' 'Root to Fruit' CD celebrates roots, future of blues
- New CD from Ruth Moody features Mark Knopfler (Podcast)
- Believing in what you believe
- Storm Large on wanting to be good, paying your dues, and the luxury of time
- Claudia Schmidt returns to The Dalles April 21


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Basement waterproofing in Saffell, AR
Basement water proofing in Saffell, Arkansas may ultimately save you from having to devote a lot of cash on repairs later about. If you need to avoid investing a ton of money on water damage and mold repair solutions, you are going to undoubtedly need to get your cellar waterproofed as soon as feasible. Your basement will be prevented by these water proofing services from flooding so you will not have to invest hundreds and even tens of thousands of dollars on fix services sometime in the future. Those who want to prevent flooding in their own cellar will have to begin looking at Saffell cellar waterproofing solutions from specialists that are nearby because of the benefits they have to provide. You'll be able to prevent specific problems like mold and mildew, which can be tremendously expensive to have fixed by paying specialists to water proof your basement. You really do not want to take any opportunities if your basement has a history of flood. Water harm can cost a lot of money to repair, which will be why you are going to undoubtedly want to make a stage of getting this part of your residence waterproofed as soon as possible. The last factor you need will be to spend a lot of money on repairs you could have averted in the first place.
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Design House Design House Wall Mounted Jackson Solid Antique Brass Outdoor Wall-Mount Downlight 501478
Home > Home Depot > Home & Garden > Lighting > Lighting Fixtures > Wall Light Fixtures
The Jackson Outdoor Lighting Collection is traditional early American style designed to compliment any home. Create the ultimate outdoor ambiance with just the right outdoor wall light. A quality outdoor light adds beautiful illumination to your homes exterior.


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|Publication number
|Publication type
|Application number
|Publication date
|Mar 29, 2011
|Filing date
|Oct 27, 2008
|Priority date
|Oct 27, 2008
|Fee status
|Also published as
|Publication number
|William B. Giannetti, Dewey Chauvin, Hsing-Yen Chuang
|Original Assignee
|Easton Sports, Inc.
|Export Citation
|BiBTeX, EndNote, RefMan
|Patent Citations (22), Non-Patent Citations (2), Referenced by (14), Classifications (8), Legal Events (8)
|External Links: USPTO, USPTO Assignment, Espacenet
One area of concern in the ball bat industry is the purposeful tampering with, or "doctoring" of, the barrel structure by players. Doctoring typically refers to a method by which a player structurally alters a ball bat, such as a composite or aluminum bat, in a manner that increases the bat's performance, often beyond the limits of association-approved play. One common method of doctoring includes removing, via sanding or shaving, internal layers of the bat barrel. Doing so reduces the barrel's thickness, which lessens the weight of the bat and increases the radial compliance of the barrel. This increase in radial barrel compliance generally leads to an increase in the velocity of a batted ball, often beyond approved association limits. Unfortunately, it is typically very difficult to detect such internal doctoring.
A ball bat includes a barrel having a radially inner surface. Graphics, or an indicator layer including graphics, that provide a visual indication of whether tampering, such as shaving, has occurred to the radially inner surface of the barrel are affixed to, applied to, or integral with the radially inner surface of the barrel. A transparent or translucent cap, or a cap including a window, is optionally attached to an end of the barrel to provide visual inspection of the internal graphics. The cap itself may additionally or alternatively include internal observable features, or external engraved or etched features, that make the cap difficult to replicate or counterfeit. Other features and advantages will appear hereinafter. The features described above can be used alone or in various combinations with one another.
In the drawings, wherein the same reference number indicates the same element throughout each of the views:
Various embodiments of the invention will now be described. The following description provides specific details for a thorough understanding and enabling description of these embodiments. One skilled in the art will understand, however, that the invention may be practiced without many of these details. Additionally, some well-known structures or functions may not be shown or described in detail so as to avoid unnecessarily obscuring the relevant description of the various embodiments.
The terminology used in the description and claims presented below is intended to be interpreted in its broadest reasonable manner, even though it is being used in conjunction with a detailed description of certain specific embodiments of the invention. Certain terms may even be emphasized below; however, any terminology intended to be interpreted in any restricted manner will be overtly and specifically defined as such in this detailed description section.
Where the context permits, singular or plural terms may also include the plural or singular term, respectively. Moreover, unless the word "or" is expressly limited to mean only a single item exclusive from the other items in a list of two or more items, then the use of "or" in such a list is to be interpreted as including (a) any single item in the list, (b) all of the items in the list, or (c) any combination of items in the list.
Turning in detail to the drawings, as shown in
The ball bat 10 preferably has an overall length of 20 to 40 inches, more preferably 26 to 34 inches. The overall barrel diameter is preferably 2.0 to 3.0 inches, more preferably 2.25 to 2.75 inches. Typical ball bats have diameters of 2.25, 2.625, or 2.75 inches. Bats having various combinations of these overall lengths and barrel diameters, as well as any other suitable dimensions, are contemplated herein. The specific preferred combination of bat dimensions is generally dictated by the user of the bat 10, and may vary greatly between users.
The ball bat 10 is preferably constructed from one or more composite or metallic materials. Some examples of suitable composite materials include fiber-reinforced glass, graphite, boron, carbon, aramid, ceramic, Kevlar, or Astroquartz�. Aluminum or another suitable metallic material may also be used to construct the ball bat 10. A ball bat including a combination of metallic and composite materials may also be constructed. For example, a ball bat having a metal barrel and a composite handle, or a composite barrel and a metal handle, may be used in the embodiments described herein. Additionally, the ball bat 10 may include a single-wall or multi-wall barrel, as described in detail in U.S. Pat. No. 7,115,054, for example, which is incorporated herein by reference.
As schematically shown in
An example of such tampering is shown in
While a user who shaves or sands the radially inner surface of a bat barrel 14 to gain a performance advantage would typically remove a much greater portion of the inner surface of the barrel 14 than that which is shown in
Alternatively (or additionally), the entire indicator layer 22 may be dyed or otherwise colored in one or more hues that differ, preferably substantially, from the color of the radially inner surface of the bat barrel 14. In this scenario, removal of any portion of the indicator layer 22 would be readily observable by a viewer, due to the stark contrast between the colors of the indicator layer 22 and the radially inner surface of the bat barrel 14.
In one embodiment of a composite ball bat 10, the indicator layer 22 is made from a porous, printable material that may be co-molded with the composite layers of the bat barrel 14. In this embodiment, the indicator layer 22 becomes integral with the barrel structure after molding of the ball bat 10. The porous, printable material may optionally be made of the same fiber-reinforced, composite materials used to construct the ball bat 10 such that the indicator layer 22 becomes substantially or completely homogeneous with the composite barrel 14 after the molding process. The indicator layer 22 may, for example, be a ply of fiberglass or of another fiber-reinforced material with graphics or colors applied thereon. The indicator layer 22 may alternatively be a spunbond nylon, nonwoven material, or any other material suitable for displaying words or other graphics over the radially inner surface of the bat barrel 14.
The indicator layer 22 may alternatively be affixed or otherwise attached to the radially inner surface of the bat barrel 14 after the bat has been molded or formed. A sheet or sleeve of plastic, nylon, paper, or another suitable material, including printed or otherwise applied graphics, may be adhered with a strong epoxy, or otherwise affixed, to the radially inner surface of the bat barrel 14. If epoxy or glue is used to affix the indicator sheet or sleeve to the barrel 14, it is preferably applied over substantially the entire surface area of the sheet or sleeve to form a strong, complete bond between the sheet or sleeve and the inner barrel surface. Accordingly, a player would be effectively prevented from removing the sheet or sleeve from the barrel 14, then shaving or sanding away portions of the barrel 14, then replacing the sheet or sleeve over the shaved or sanded regions to hide those regions.
In an alternative embodiment, the indicator words or other graphics may be directly painted on or otherwise applied to the radially inner surface of the bat barrel 14, as opposed to being embodied in or on a separate layer of material. For example, the radially inner surface of the barrel 14 may be painted or dyed one or more colors different from that of the barrel material itself. Alternatively, "non-barrel colored" words or other graphics may be written, painted, or otherwise applied to the radially inner surface of the barrel 14. For example, the instances of "Any Text" and "Any Image" shown in
As shown in
Additionally or alternatively, the cap 20 may be readily removable so that an umpire or other game official, for example, may quickly remove the cap 20 to inspect the integrity of the indicator layer 22 or directly applied graphics. Such a cap 20 may include threads that are threadable into corresponding threads in the free end of the barrel 14, or may be configured to be snap-fit into a receiving element molded into the barrel 14, or may be removably attached via any other suitable mechanism.
In one embodiment, an indicator layer or directly applied graphics may additionally or alternatively be included on a radially inner surface of the handle 12 of the ball bat 10. In this scenario, the knob 18 may be transparent or translucent, or may include a window, as described above with respect to the cap 20, to provide visual inspection of the indicator layer or directly applied graphics in the handle 12. Alternatively or additionally, the knob may be readily removable, and may be attached in any suitable manner, such as via the mechanisms described above with respect to the cap 20, to allow for visual inspection of the indicator layer or directly applied graphics in the handle 12.
Turning to
While the observable features may be located on or in only one of the upper and lower surfaces of the inner section 36, it is preferable to locate the observable features on or in both the upper and lower surfaces, since such a configuration is more difficult to replicate or counterfeit. When the observable features are positioned in this manner, an observer will see the upper and lower features separate and then align as the viewing angle changes.
Barrel caps are often loaded with material to add weight to the end of the bat to provide a desired moment of inertia (swing weight) for a given bat model. This end load material is typically an epoxy or urethane that is poured into the cap or bat and allowed to cure in place. The end load material may be opaque or, if translucent, may have a different index of refraction than that of the transparent or translucent cap 30, thereby allowing a viewer to readily see the observable features on or in the inner section 36 of the cap 30.
In a preferred embodiment, the observable features are of a nature that is very difficult to replicate. The observable features could, for example, include very fine details, such as fine gratings or images. Text that is both engraved and embossed would also be difficult to replicate. Micro or nano-text letters, or images smaller than 0.020″ high, for example, may also be combined into macro-scale text or images. Micro or nano-text would be very difficult to replicate. Its presence, therefore, suggests that an image is authentic.
The ability to achieve these micro and nano features is a function of the methods used to mold (typically injection molding) the original bat caps and the melt viscosity of the material used to mold the cap. Typical materials used to mold caps, for example, polycarbonate, lexan, urethane, and nylon, can include molded features that are 0.003 inches or smaller. Casting features this small can be difficult due to the relatively high viscosity of the material and the low pressure at which the molding process occurs. Accordingly, replicating or counterfeiting caps made according to these methods, without bubble entrapment in the translucent material, is much more difficult to achieve than are current methods of making counterfeit caps in an opaque material. Indeed, casting a counterfeit cap in a transparent or translucent material, in general, is very challenging. Casting flaws, such as bubbles, striations, and sink marks, are likely to occur. Such flaws are readily observable indicators that a cap may not be a manufacturer's original cap.
The translucent or transparent cap 30 may alternatively include a security feature or image molded within the cap 30 between the inner section 36 and the outer section 38. A label, decal, medallion, fibers, netting, or graphic image, for example, may be injection molded within the walls of the translucent cap 30. A cap including such a security feature would be very difficult to replicate or counterfeit. Placement of a security hologram within the walls of the cap is also possible, though the three-dimensional effect of the hologram could be diminished due to the optical index of refraction of the cap material, which could alter the virtual position of the image.
To make counterfeiting of the cap 30 even more difficult, the translucent cap 30 may include alternating materials or colors. Mixing materials or textures, especially hard and soft textures, for example, would make counterfeiting very difficult.
Turning to
The engraved or etched cap 40 may be transparent, translucent, or opaque. The cap 40 may be made of any suitable material, such as a thermoplastic or thermoset material. Some examples of suitable cap materials are urethane, acrylic, ABS, polycarbonate, PVC, nylon, or alloys of these materials.
The engraving or etching may be performed using one or more lasers, a machined engraving pen, a stylus, a chemical etchant, a sand blaster with a stencil that includes bead blasting, or another suitable device. The engraving or etching is preferably sufficiently deep that normal wear and tear will not remove the engraved or etched image. While the necessary depth may vary based on the specific materials used in the cap 40 and the barrel 14, a depth of at least 0.005 inches is generally preferred.
The engraved regions may optionally be filled with a contrastingly colored resin or similar material for aesthetic purposes or to reduce wear. Filling the engraved regions with a contrasting color material would also make it more difficult for a counterfeiter to cast a mold to replicate the engraving.
Any of the above-described embodiments may be used alone or in combination with one another. For example, a ball bat 10 may include an indicator layer 22 or directly applied graphics on the radially inner surface of the barrel 14, and may further include a transparent or translucent cap 30 including internal observable features. The cap 30 may optionally further include an opening 26 covered by a window. Such an opening 26 would preferably provide a large enough field of view for an observer to be able to see past the internal observable features into the interior of the bat 10, thereby allowing the observer to view the indicator layer 22 or directly applied graphics through the opening 26. The cap may also include engraved or etched portions that align with corresponding engraved or etched portions in the barrel 14. Any combination of these features may be included in the ball bat 10.
Any of the tamper-indicating caps 30 or 40 described herein are preferably made of a substantially rigid or brittle material, such as a polycarbon or other high modulus material, such that it is difficult to remove the cap 30 or 40 without damaging or breaking the cap 30 or 40. The caps 30 or 40 are preferably attached to the barrel 14 via a snap-fit or an adhesive, such as a strong epoxy. Thus, if a player removes the rigid or brittle cap (with the intention of shaving or sanding the internal barrel surface, for example), the cap 30 or 40 will crack or break, and the player will not be able to effectively replace the cap in the barrel 14. Furthermore, because the observable or etched features of the cap 30 or 40 are difficult to replicate or counterfeit, the player will likely not be able to attain a suitable counterfeit cap to replace the original cap 30 or 40. Accordingly, the presence of an unoriginal or "unofficial" cap in a bat barrel 14 will provide evidence that tampering with the inner surface of the barrel 14 may have occurred.
The ball bats described herein provide an observable indication of whether tampering has occurred with the internal bat structure or the barrel cap. As a result, users of the ball bats should be deterred from shaving or sanding away internal layers of the bats, thus helping to maintain the bats within association performance limits.
While several embodiments have been shown and described, various changes and substitutions may of course be made, without departing from the spirit and scope of the invention. The invention, therefore, should not be limited, except by the following claims and their equivalents.
|Cited Patent
|Filing date
|Publication date
|Apr 29, 1963
|Mar 1, 1966
|Embassy Metal Corp
|Pocketed aerial projectile game apparatus
|Jun 13, 1966
|Apr 30, 1968
|Ralph Charell
|Baseball and baseball bat toy
|Sep 6, 1973
|Aug 20, 1974
|Amf Corp
|Dec 16, 1982
|Jul 2, 1985
|Daniel Perlman
|Oxygen indicator for packaging
|Apr 13, 1992
|Apr 19, 1994
|Uke Alan K
|Bat for baseball or softball
|Dec 8, 1992
|Mar 14, 1995
|Tonen Corporation
|Hybrid laminated prepreg and ski pole shaft using the same
|Jun 10, 1994
|May 16, 1995
|Eggiman; Michael D.
|Softball bat
|Dec 23, 1996
|Oct 14, 1997
|Hillerich & Bradsby Co.
|Bat having a rolled sheet inserted into the barrel
|Dec 14, 1994
|Nov 17, 1998
|Sharon Jane Johnstone
|Laminated printing sheet
|Oct 28, 1997
|Apr 25, 2000
|Worth, Inc.
|Softball bat with exterior shell
|Jan 25, 2001
|Aug 20, 2002
|American Bank Note Holographics, Inc.
|Method of manufacturing tamper evident holographic devices
|Jun 7, 2005
|Apr 24, 2007
|Wilson Sporting Goods Co.
|Ball bat having windows
|May 16, 2005
|Jun 19, 2007
|Rawlings Sporting Goods Company, Inc.
|Tamper resistant end cap for a bat
|Dec 28, 2004
|Jun 10, 2008
|Digimarc Corporation
|ID document structure with pattern coating providing variable security features
|May 12, 2004
|Oct 21, 2004
|Miken Composites, Llc.
|Composite softball bat with inner sleeve
|Feb 13, 2004
|Nov 11, 2004
|Forsythe Paul D.
|Reconfigurable ball bat and method
|Feb 10, 2004
|Aug 11, 2005
|Stephen Fitzgerald
|Polymer composite baseball bat endcap
|Apr 7, 2005
|Oct 27, 2005
|Sports-Tag Limited
|Security tag device
|Jan 6, 2005
|Nov 10, 2005
|Sierra-Gomez Gladys O
|Resealable food container with tamper-evident indicator
|Apr 12, 2005
|Oct 12, 2006
|J. Richard Industries, Inc.
|Sport item handle end cap
|Jun 5, 2006
|Oct 19, 2006
|Jeffrey Dome
|Advertising medium
|Aug 16, 2006
|Feb 22, 2007
|Stote John Iii
|Bat with an identification device
|Mustone, Timothy J. et al., "Using LS-DYNA to develop a baseball bat performance and design tool," 6th International LS-DYNA Users Conference, Apr. 9-10, 2000.
|United States Patent and Trademark Office, International Search Report and Written Opinion for PCT/US2009/059204, mailed Nov. 25, 2009.
|Citing Patent
|Filing date
|Publication date
|Sep 29, 2010
|Oct 9, 2012
|Easton Sports, Inc.
|Ball bat including a tamper-resistant cap
|Jun 28, 2012
|Oct 7, 2014
|Wilson Sporting Goods Co.
|Ball bat having improved structure to allow for detection of rolling
|Jun 28, 2012
|Oct 14, 2014
|Precor Incorporated
|Ball bat having improved structure to allow for detection of rolling
|Dec 21, 2011
|Mar 17, 2015
|Easton Baseball/Softball Inc.
|Ball bat including a reinforced, low-durability region for deterring barrel alteration
|Sep 5, 2013
|Jun 30, 2015
|Wilson Sporting Goods Co.
|Ball bat with optimized barrel wall spacing and improved end cap
|Sep 5, 2013
|Oct 6, 2015
|Wilson Sporting Goods Co.
|Ball bat with optimized barrel wall spacing and improved end cap
|Apr 11, 2013
|Nov 17, 2015
|Wilson Sporting Goods Co.
|Tamper-resistant ball bat
|Jul 10, 2013
|Dec 15, 2015
|Wilson Sporting Goods Co.
|Ball bat including a fiber composite component having high angle discontinuous fibers
|Jul 10, 2013
|Jan 19, 2016
|Wilson Sporting Goods Co.
|Ball bat including a fiber composite component having high angle discontinuous fibers
|Mar 13, 2015
|Oct 11, 2016
|Easton Baseball/Softball Inc.
|Ball bat including a reinforced, low-durability region for deterring barrel alteration
|Sep 29, 2010
|Mar 31, 2011
|Dewey Chauvin
|Ball bat including a tamper-resistant cap
|Jun 28, 2012
|Jul 18, 2013
|Sean S. Epling
|Ball bat having improved structure to allow for detection of rolling
|Apr 11, 2013
|Nov 28, 2013
|George Burger
|Tamper-resistant ball bat
|Aug 1, 2014
|Sep 6, 2016
|William T. Pordy
|Food cone
|U.S. Classification
|473/566, 473/567
|International Classification
|Cooperative Classification
|European Classification
|Jan 14, 2009
Owner name: EASTON SPORTS, INC.,CALIFORNIA
Free format text: ASSIGNMENT OF ASSIGNORS INTEREST;ASSIGNORS:GIANNETTI, WILLIAM B.;CHAUVIN, DEWEY;CHUANG, H. Y.;REEL/FRAME:022104/0409
Effective date: 20081028
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|Dec 14, 2009
Owner name: U.S. BANK NATIONAL ASSOCIATION, AS COLLATERAL AGEN
Free format text: SECURITY AGREEMENT;ASSIGNOR:EASTON SPORTS, INC.;REEL/FRAME:023649/0133
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|Dec 17, 2009
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Owner name: BELL SPORTS, INC., TEXAS
Free format text: RELEASE BY SECURED PARTY;ASSIGNOR:U.S. BANK NATIONAL ASSOCIATION;REEL/FRAME:032697/0811
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|Apr 18, 2014
Owner name: BANK OF AMERICA, N.A., AS COLLATERAL AGENT, TEXAS
Free format text: NOTICE OF GRANT OF SECURITY INTEREST IN UNITED STATES PATENTS;ASSIGNOR:BPS GREENLAND INC.;REEL/FRAME:032714/0285
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Free format text: NOTICE OF GRANT OF SECURITY INTEREST IN UNITED STATES PATENTS;ASSIGNOR:BPS GREENLAND INC.;REEL/FRAME:032714/0237
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|Apr 24, 2014
Owner name: EASTON BASEBALL / SOFTBALL INC., DELAWARE
Free format text: CHANGE OF NAME;ASSIGNOR:BPS GREENLAND INC.;REEL/FRAME:032756/0098
Effective date: 20140416
|Aug 26, 2014
|Fee payment
Year of fee payment: 4


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APPEAL from the Circuit Court of Cook County; the Hon. GEORGE
A. HIGGINS, Judge, presiding.
Plaintiff filed an amended verified complaint (complaint) alleging in count I malicious interference with expectancy and in count II abuse of a confidential relationship. Pursuant to section 45(1) of the Illinois Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par. 45(1)), defendants filed a motion to dismiss on the grounds that the complaint was substantially insufficient in law and failed to state a cause of action. The court granted defendants' motion and dismissed plaintiff's complaint. Plaintiff appeals.
The issue presented for review is whether the complaint properly pleaded a protectible expectancy and the existence of a fiduciary or confidential relationship.
As the order of dismissal was entered upon allowance of defendants' motion to dismiss, all facts properly pleaded in the complaint must be taken as true. In re Kritsch (1978), 65 Ill. App.3d 404, 382 N.E.2d 50.
Count I of the complaint stated that plaintiff was the natural daughter of the late Rose Sternberg. Following the death of plaintiff's father, Rose married the late Paul Sternberg (hereinafter decedent). Rose and decedent then had a daughter Kornelia, stepsister to plaintiff, and a defendant in this action.
Decedent and plaintiff's mother, pursuant to an oral agreement, made and executed identical wills in 1975, each leaving the estate to the other, if surviving, and if the other spouse was not alive, leaving the estate equally divided between plaintiff and defendant Kornelia.
After Rose Sternberg died in 1975, decedent, in his late eighties and in poor health, went to live with Kornelia and defendant George Banhalmi, her husband. While living with them, decedent was induced to supply the down payment for the purchase of a house, to act as a co-signatory of the mortgage loan, and to place title in joint tenancy with them, when told by defendants that unless he did so he would have to go into a nursing home. In July 1976, decedent made a new will again leaving his estate equally divided between plaintiff and defendant Kornelia. Plaintiff and defendants were present at that time and knew of its provisions. In 1977, decedent had a stroke, suffered diminished mental powers and was dependent on defendants for food, lodging and attention to his personal needs and the handling of his personal and business financial matters. During this period he was induced to transfer valuable personal property to defendants, who also commingled the income from his business investments with their own funds. In January 1977, defendants induced decedent to make a new will leaving almost all his property to Kornelia. In 1978, shortly after being placed in a nursing home, decedent died. Defendants claimed they could not locate the originals of any of decedent's wills and his entire estate passed to defendant Kornelia by intestacy.
Count I alleged damages and prayed that plaintiff be awarded compensatory and punitive damages and the costs of the action.
Count II realleged paragraphs 1-19 of count I but included the additional allegation that from the time decedent moved in with defendants they had occupied a confidential relationship of trust with him which they subsequently abused. Count II prayed for the imposition of a constructive trust on all assets obtained by defendants as a result of their abuse of their confidential relationship with decedent, any other relief the court deemed equitable and proper, and costs of the action.
Defendants moved to dismiss the complaint. Following arguments of counsel on the motion, the court dismissed the complaint for its failure to show the existence of any expectancy or of any fiduciary or confidential relationship. Plaintiff filed a motion to reconsider and vacate the order which was denied. Plaintiff appeals.
Plaintiff seeks damages from defendants for their tortious interference with her expectancy. The "expectancy" upon which plaintiff bases her claim is the bequest made to her in decedent's revoked 1976 will.
Defendants counter, however, that plaintiff, a nonheir, has no recognizable expectancy in the decedent's estate with which they could interfere. Defendants argue that a will has no force to confer any rights until admitted into probate and that the copy of the 1976 will upon which plaintiff relies has never been so admitted. Therefore, plaintiff has no expectancy in decedent's estate upon which her action may be based. While defendants cite no Illinois case which bars plaintiff's action for damages, plaintiff cites Lowe Foundation v. Northern Trust Co. (1951), 342 Ill. App. 379, 96 N.E.2d 831, for support.
In Lowe, the complaint alleged that decedent resided in a home for Christian Scientists maintained by plaintiff in the case. During his residency there decedent called plaintiff's attorney and expressed a desire to bequeath $500,000 to plaintiff. Decedent signed a holographic codicil making this bequest. Another typed codicil was prepared by the plaintiff's attorney and signed by decedent in the presence of witnesses but the amount of the bequest was left blank. Defendant, an attorney and associate of decedent, told him that $500,000 would exhaust his estate, whereupon the typed codicil was destroyed. The next day decedent was removed from the home by certain of his advisors. Plaintiff's complaint also alleged that when removed from the home decedent was kept in isolation and induced to sign a new codicil to his will purporting to cancel all other codicils except for one not pertinent here. Subsequently, decedent died. The plaintiff attempted to have the holographic codicil admitted to probate, but it was denied admission. Plaintiff appealed that denial, but the appeal was dismissed upon plaintiff's own motion, whereupon plaintiff instituted the action in Lowe. Included in the relief sought by plaintiff were damages in the amount of $500,000 for wrongful interference with decedent's intended testamentary disposition to plaintiff. The complaint was dismissed.
On appeal, the Lowe court noted that the right of an intended devisee or legatee to relief for such wrongful conduct had never before been passed on in Illinois, but that in other jurisdictions relief had been granted by either declaring a constructive trust in the property received or by awarding damages in an action in tort. The court stated that it had found no cases where a constructive trust had been imposed when the intended disposition had been prevented by a third part, that is, a person who had not received the property, as in the action before it. Therefore, the court went on to consider whether the complaint was sufficient to state a cause of action in tort for damages.
The court concluded that the only allegation in the complaint of interference with the intended disposition of the property was defendant's statement that the bequest would exhaust decedent's estate. However, as the complaint did not allege that defendant knew this statement to be false when made, it had not sufficiently alleged defendant acted fraudulently and hence did not state an action against defendant.
Implicit within the Lowe decision is the principle that a nonheir may bring an action for the tortious interference with a decedent's intended testamentary disposition, which supports plaintiff's contention here that she has pleaded a protectible expectancy. The Lowe plaintiff pleaded no more of an "expectancy" than plaintiff in the instant case. The expectancy of the Lowe plaintiff was based on a bequest in an expressly revoked codicil, while here plaintiff's "expectancy" is based on a bequest in a previously revoked will.
Although neither party has directed this court to additional Illinois cases addressing this issue, further support for plaintiff's position can be found in other authorities. The Restatement (Second) of Torts § 774B (1979) includes the intentional interference with an inheritance or gift as a valid cause of action. The Restatement provides that "[o]ne who by fraud, duress or other tortious means intentionally prevents another from receiving from a third person an inheritance or gift that he would otherwise have received is subject to liability to the other for loss of the inheritance or gift." Comment b to that section defines "inheritance" to include "any devise or bequest that would otherwise have been made under a testamentary instrument or any property that would have passed to the plaintiff by intestate succession." Restatement (Second) of Torts § 774B, comment b, at 58 (1979).
In Prosser, Torts § 130, at 950-51 (4th ed. 1971), it is stated that there is no essential reason for refusing to accord to noncommercial expectancies, such as an expected gift or legacy under a will, the protection the courts> have generally accorded commercial expectancies, such as the prospect of obtaining employment, employees, or customers. Interference with prospective economic advantage is a recognized cause of action in Illinois (Doremus v. Hennessy (1898), 176 Ill. 608, 52 N.E. 924), the essential allegations of which include plaintiff's reasonable expectancy of entering into a valid business relationship, the defendant's knowledge of this expectancy, an intentional interference by the defendant which prevents the expectancy from ripening into a valid business relationship and damage to the plaintiff from such interference. Tom Olesker's Exciting World of Fashion, Inc. v. Dun & Bradstreet, Inc. (1973), 16 Ill. App.3d 709, 306 N.E.2d 549, modified on other grounds (1975), 61 Ill.2d 129, 334 N.E.2d 160 (1975).
Further, our research has indicated that the majority of those jurisdictions considering the issue have held that an action in damages will lie for the wrongful interference with an expectancy under a will. (McGregor v. McGregor (D. Colo. 1951), 101 F. Supp. 848; Hegarty v. Hegarty (D. Mass. 1942), 46 F. Supp. 319; Cyr v. Cote (Me. 1979), 396 A.2d 1013; Frohwein v. Haesemeyer (Iowa 1978), 264 N.W.2d 792; Allen v. Leybourne (Fla. App. 1966), 190 So.2d 825; Newsom v. Estate of Haythorn (1954), 125 Ind. App. 276, 122 N.E.2d 149; Bohannon v. Wachovia Bank & Trust Co. (1936), 210 N.C. 679, 188 S.E. 390; Morton v. Petitt (1931), 124 Ohio St. 241, 177 N.E. 591; Creek v. Laski (1929), 248 Mich. 425, 227 N.W. 817; see Teague v. Stephens (Tex. Civ. App. 1978), 564 S.W.2d 437; contra, Marshall v. DeHaven (1904), 209 Pa. 187, 58 A. 141; Hutchins v. Hutchins (N.Y. 1845), 7 Hill 104.
The rationale, when expressed, for allowing such an action has either been that no policy reason exists not to extend protection to an expectancy in a noncommercial context (Cyr v. Cote; Frohwein v. Haesemeyer; Allen v. Leybourne; Bohannon v. Wachovia Bank & Trust Co.), or that it is a principle of justice that no wrong is without a remedy. Morton v. Petitt; Creek v. Laski; Dulin v. Bailey (1916), 172 N.C. 608, 90 S.E. 689.
The nature of the noncommercial expectancy to be accorded such protection has been best described in Mitchell v. Langley (1915), 143 Ga. 827, 85 S.E. 1050, a case involving a non-vested expectancy under an insurance policy. There the court stated:
"A bare possibility may not be [protectible]. But where an intending donor, or testator, or member of a benefit society, has actually taken steps toward perfecting the gift, or devise, or benefit, so that if let alone the right of the donee, devisee, or beneficiary will cease to be inchoate and become perfect, we are of the opinion that there is such a status that an action will lie, if it is maliciously and fraudulently destroyed, and the benefit diverted to the person so acting, thus occasioning loss to the person who would have received it." 143 Ga. 827, 835, 85 S.E. 1050, 1053.
• 1 We find this reasoning to be persuasive and tacitly supported by those courts> allowing an action for malicious interference with an expectancy. In most of the cases from other jurisdictions we have reviewed, plaintiffs were devisees under a will which had been revoked (Frohwein v. Haesemeyer (Iowa 1978), 264 N.W.2d 792; Newsom v. Estate of Haythorn (1954), 125 Ind. App. 276, 122 N.E.2d 149), destroyed (Morton v. Petitt (1931), 124 Ohio St. 241, 177 N.E. 591; Creek v. Laski (1929), 248 Mich. 425, 227 N.W. 817), or modified (Dulin v. Bailey (1916), 172 N.C. 608, 90 S.E. 689) because of the fraudulent actions of the defendant(s). In one case the property devised under the will had been conveyed to defendants by the testator, again because of the defendants' allegedly tortious acts. Cyr v. Cote (Me. 1979), 396 A.2d 1013.
• 2 In the instant case plaintiff's allegation that she was a devisee under two prior wills of decedent stands uncontradicted. Further, she asserts that the devise to her in these wills was the result of the oral agreement between her mother and the decedent to make identical wills. Thus, it is apparent that, far from being a "mere possibility" of what the decedent might have done, here the expectancy plaintiff alleges derives from steps taken by the decedent on two distinct occasions toward "perfecting" it. (See Allen v. Leybourne (Fla. App. 1966), 190 So.2d 825.) Accordingly, we conclude that plaintiff's complaint has alleged an expectancy sufficient to maintain this type of action and that the court erred in dismissing Count I of her complaint.
• 3 In order to recover, however, plaintiff must sustain her burden of proof. To do that under count I she will have to prove: (1) the existence of her expectancy; (2) that defendants intentionally interfered with her expectancy; (3) the interference involved conduct tortious in itself such as fraud, duress or undue influence (Prosser, Torts § 130, at 951 (4th ed. 1971); Lowe Foundation v. Northern Trust Co. (1951), 342 Ill. App. 379, 96 N.E.2d 831; Allen v. Leybourne (Fla. App. 1966), 190 So.2d 825); (4) that there is a reasonable certainty that the devise to plaintiff would have been received but for defendants' interference (Restatement (Second) of Torts § 774B, comment d, at 59 (1979)); and (5) damages.
• 4 The final issue to be determined is whether count II of plaintiff's complaint sufficiently pleaded the facts necessary to allege the existence of a confidential relationship between defendants and decedent.
"A fiduciary or confidential relationship exists where, by reason of friendship, agency, business association and experience, trust and confidence are reposed by one person in another who, as a result, gains an influence and superiority over him." (McCartney v. McCartney (1956), 8 Ill.2d 494, 499, 134 N.E.2d 789, 792.)
The factors to be considered include the degree of kinship, disparity of age, health and mental condition and the extent to which the allegedly servient party entrusted the handling of his business and financial affairs to and reposed faith and confidence in the dominant party. (Desiderato v. Sullivan (1980), 84 Ill. App.3d 1117, 406 N.E.2d 116.) The mere fact of a blood relationship, however, does not in itself establish a confidential or fiduciary relationship. Perry v. Wyeth (1962), 25 Ill.2d 250, 184 N.E.2d 861.
With these factors in mind we review the allegations contained in count I and realleged in count II to determine whether a fiduciary or confidential relationship was sufficiently pleaded. The complaint alleges that defendants were the natural daughter and the son-in-law of decedent; that decedent was in poor health and was of advanged age when he went to live with them; that decedent suffered a stroke in 1977, diminishing his mental powers, and that he was dependent upon defendants to meet his personal needs; and further that defendant George handled his business and personal financial matters.
• 5 Considering that these allegations address the kinship between defendants and decedent, the latter's diminished physical health and mental ability, as well as the latter's dependence on defendants to meet his personal needs and to manage his financial affairs, count II of the complaint sufficiently alleges the existence of a fiduciary or confidential relationship between defendants and decedent and therefore should not have been dismissed. See Wolfe v. Wolfe (1980), 81 Ill. App.3d 833, 401 N.E.2d 1111.
Accordingly, for the reasons discussed, the order of the court dismissing counts I and II of plaintiff's complaint is reversed.
SULLIVAN, P.J., and WILSON, J., concur.
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|For many months in the aftermath of the hurricane, the South Ferry station was not an option for riders of the 1 train.
The older South Ferry station has been recommissioned. Riders must sit in the first five cars.
The end of the line seemed promising, not so much for the destination - the neighborhood of Battery Park and the ferry terminals - but in the actual subway stop itself. The 1 train currently ends at the old South Ferry station, the one that the MTA recently recommissioned in order to serve commuters to Staten Island. The hurricane of last fall had knocked out the newer and bigger one, turning it into "an aquarium," in the words of Governor Cuomo. Now the older station is unearthed, dusted off and operable. But due to its small size, commuters must ride in the first five cars to get off the train. Stepping off the cars into the gently rounded station feels like stepping off an antique carousel.
|Decoration in the old South Ferry station, recommissioned in the aftermath of Hurricane Sandy
Once above ground, many choices present themselves for an impromptu jaunt around this waterfront neighborhood. A ride on the Staten Island Ferry is certainly one. Another would be a stroll around the water's edge through Battery Park and the Battery Park Esplanade. Another good choice would involve an exploration of the winding streets of the Financial District.
|the intersection of Broad and Water Streets, Lower Manhattan
Sometimes, a good bar will do the trick, especially after a long work day. On this particularly dreamy late afternoon, I fell into convivial company upstairs at the Dead Rabbit, a watering hole (or more like a rabbit hole, if you order the right drink) on Water Street. The bar's ambience evokes an Irish pub of a hundred years ago. The experience feels like immersive theater, but in a good way.
|The Dead Rabbit, exterior, 30 Water Street
The remaining light of the afternoon at the water's edge deepened my desire to extend the day. The sun appeared both enormous and soft, supernatural and nurturing. Before heading uptown, I slowed down the tempo to linger in the warm sunset.
|the sunset in Battery Park
The impromptu decision to break from routine merely reaffirmed something I have come to know. Whenever a whimsical choice of staying or going presents itself, and sometimes that's rare, I am almost always glad, in retrospect, of the decision to go out, especially on my own. After years of solo walking and its resulting adventures, I long ago set aside any misplaced perception that a good time requires advanced planning and company. Even if it's just a little thing like skipping the normal subway stop, my world grows larger, just like this sun. And sometimes I discover new company, too, essential for sustaining a meaningful life in a city such as this.
|Battery Park, with view of New York Harbor
|sailing, New York Harbor
Images by Walking Off the Big Apple from Wednesday, May 15, 2013.


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There is light in the stable on a snowy winter night; a red barn stands tall under a full moon on this hooked wool pillow. Add rustic charm to your home accents and country home furnishings with a timeless winter scene. Artist Billy Jacobs. Hand hooked wool, cotton velvet back with zipper closure. Dry clean only. Sturbridge Yankee Workshop exclusive item. Imported. 16" square
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One Piece
Godland, Skypiea! Angels on a Beach of Clouds!
Episode 154 | TV-14
After hitching a ride on a speedy shrimp, the Straw Hats reach the land of Skypiea! The intrepid pirates have much to learn about their new surroundings, but a beautiful angel makes a perfect tour guide.
Dub Expires: 08-12-2015
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