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decided: April 25, 1979.
COMMONWEALTH OF PENNSYLVANIA, APPELLANT,v.DALLEN B. LEHMAN
No. 121 April Term, 1978, Appeal from Order of the Court of Common Pleas of Somerset County, at No. 165 Criminal, 1977, Criminal Division.
David B. Hartman, Assistant District Attorney, Somerset, for Commonwealth, appellant.
Ronald P. Rusinak, Johnstown, for appellee.
Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Spaeth, J., files a dissenting opinion. Jacobs, former President Judge, and Hoffman, J., did not participate in the consideration or decision of this case.
[ 265 Pa. Super. Page 481]
Defendant was charged with possession of marijuana and with intention to deliver marijuana. He filed an "Application to Suppress Evidence," on which a suppression hearing was held. One of two arresting officers testified. The suppression judge ordered the evidence suppressed; and the Commonwealth has appealed the ruling.
The evidence supports, and the judge found these facts, (Opinion by SHAULIS, J., pp. 3-4):
Shortly before 2 A.M. on May 14, 1977, Officer Gratten was accompanying Officer Clifford Shaffer on a routine patrol along Route 403 in Conemaugh Township. They observed a pickup truck in front of them, driving on the wrong side of the road. The officers followed the truck for about a half-mile as it turned off Route 403 onto Miller-Picking Road, Officer Shaffer decided to stop the truck.
[ 265 Pa. Super. Page 482]
Officer Shaffer approached the driver's side of the pickup truck and asked the driver, defendant Lehman, to step out. Shaffer asked Lehman to submit to a field sobriety test and then walked with him to the police cruiser, which was parked behind the truck. Officer Gratten had approached the passenger side of the truck in order to watch the female passenger. When Shaffer took Lehman back to the police cruiser, Gratten came around to the driver's side of the truck. Gratten shined a flashlight into the open driver's door to look at the female passenger who had remained in the truck.
In the beam of the light, Gratten saw what he believed to be 'marijuana seeds, stems and flowers' on the floor of the driver's side. He picked up some of this material and carried it back to the police car. Gratten returned to the truck, advised the passenger of her ' Miranda ' rights, and saw more suspected marijuana on the floor. Under the driver's seat he found a brown bag containing more suspected marijuana separated into three plastic 'sandwich baggies.' He took these items back to the police cruiser and advised Lehman of his ' Miranda ' rights. Returning to the truck again, Gratten took a pipe from the ashtray and a vial containing suspected marijuana from the glove compartment. Gratten at this point returned to the police cruiser and told Lehman he was under arrest. The officers transported Lehman to the municipal building where another 'sandwich baggy' of suspected marijuana was found in a pocket of defendant's overalls.
Defendant was charged with possession and possession with intent to deliver a total of 14 ounces of marijuana. No vehicle code violations were filed against defendant. The female passenger was not arrested or charged with any offense.
The Commonwealth argues that the eccentric behavior of the driver of the car furnished probable cause to stop the truck. The defendant argues that there was no probable cause. The suppression judge assumed arguendo, without finally deciding, that the officers had probable cause for the
[ 265 Pa. Super. Page 483]
initial stop; but held that the subsequent investigation of the inside of the truck by Officer Gratten was improper.
We believe that there was ample justification for the initial stop, because of the eccentric driving of the defendant. The subsequent discovery of the marijuana derived from no illegal act of the officers.
The Commonwealth argued that the officers' inspection of the interior of the truck, using a flashlight in the dark, and the discovery of the contraband material on the floor of the vehicle was justifiable under the "plain view" doctrine: Commonwealth v. Murray, 460 Pa. 53, 331 A.2d 414 (1975); Commonwealth v. Nastari, 232 Pa. Super. 405, 335 A.2d 468 (1975); Commonwealth v. DeJesus, 226 Pa. Super. 79, 310 A.2d 323 (1973).
The suppression judge ruled, to the contrary, that in the circumstances of this case, the officer had not put himself legally into a position to enjoy a "plain view". Said the judge, (Opinion, p. 7):
"The right asserted by Officer Gratten as the triggering mechanism for the plain view doctrine is the right to investigate a suspected vehicle code violation. However, the driver had already been removed from the vehicle and had apparently satisfied the first officer's curiosity as to his innocence of the suspected infraction when the other officer put himself in a position to view the truck's interior. We do not see the justification for Officer Gratten's desire to further inspect the vehicle once the driver had been removed, apparently with no cause for police alarm. The driver had apparently passed the field sobriety test and yet for some unexplained reason was taken back to the police cruiser while Officer Gratten 'inspected the interior' of the truck and found the suspected marijuana. We do not believe Officer Gratten was in a position in which he can claim a right to enjoy a plain view."
The suppression judge then cited Commonwealth v. Mimms, 471 Pa. 546, 370 A.2d 1157 (1977) as controlling this
[ 265 Pa. Super. Page 484]
present case.*fn1 The court below could not have known that Mimms would be reversed and as reversed, supportive more of the Commonwealth's position rather than that of appellant's. Mimms held that a police officer who had stopped an automobile driver for a traffic violation had the right to examine the person of the driver to inspect a "large bulge" under his sports jacket.
Assuming that the initial stop was proper, as certainly it seems, Officer Garrett did nothing illegal or in violation of the constitutional rights of this defendant when he approached the passenger side of the truck, nor when he went to the driver's side of the truck on a public street, nor when he shined the flashlight through the open door into the interior of the truck. At that point, the suspect material was in "plain view" of the officer.
The suppression judge obviously did not accept Officer Garrett's claim that his movement to the driver's side of the truck was motivated by a fear that the passenger might be of personal danger to him and/or his fellow officer; but his motivation is of no legal significance in this present case, since the officer had a legal right to be where he was when he shone the flashlight into the interior of the truck. See Commonwealth v. Janek, 242 Pa. Super. 340, 363 A.2d 1299 (1976).
At that point, without any acceptable, proved motivation for using the flashlight, did the officer have a legal right to bring into "plain view" what was hidden by the darkness? We find he did, and so held in Commonwealth v. DeJesus, 226 Pa. Super. 79, 310 A.2d 323 (1973). See also Commonwealth v. Nastari, 232 Pa. Super. 405, 412, 335 A.2d 468 (1975).
The suppression order is reversed, except as to the contents of the glove compartment, which were not within the "plain view" of the officer, and the case is remanded for trial.
[ 265 Pa. Super. Page 485]
SPAETH, Judge, dissenting:
Only one person testified at the suppression hearing -- Officer Gratten. He testified that appellee was stopped by Officer Shaffer and himself, and was asked to get out of his truck to take a field sobriety test. Appellee complied and passed the test. Record at 42a. However, instead of being released, appellee was placed in the officers' car. Record at 34a-36a. When asked by the court why this action was taken, Officer Gratten stated that he had "no idea." Record at 41a. He also stated that appellee was never cited for a motor vehicle code violation in connection with the stop. Record at 38a and 40a-41a. Thus, the record shows no justification for appellee's continued detention after he passed the sobriety test, and since the Commonwealth had the burden of proof at the suppression hearing to show that the seizure of marijuana was lawful, Pa.R.Crim.P. 323(h), we must assume that no justification exists. Moreover, since appellee's detention after the test was unjustified, it was ipso facto unlawful, even though the officers may have had reasonable cause to stop appellee initially and detain him until he took the sobriety test. Cf. United States v. Luckett, 484 F.2d 89 (9th Cir. 1973) (the length and scope of a stop not based on probable cause are strictly limited by the circumstances that rendered the stop permissible; when the circumstances are no longer present, the detention must cease.)*fn* Since Officer Gratten did not discover the marijuana
[ 265 Pa. Super. Page 486]
in appellee's truck until after appellee had taken the test and been placed in the officers' car, the discovery was tainted by the illegal detention; for without the detention, appellee would have been free to drive from the scene, and Officer Gratten would not have been in a position to engage the female passenger in appellee's truck in conversation, nor to search the floor of the truck with his flashlight while so engaged.
Consequently, I should affirm the order of the lower court and suppress the marijuana.
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Cast: Denholm Elliott, Julie Walters, Richard E. Grant, Anna Massey, Laura del Sol, Ann Way, Jonathan Phillips, Kevin Williams
Director: Michael Austin
Genres: Comedy


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text:
|Publication number
|Publication type
|Publication date
|Dec 13, 1955
|Filing date
|Oct 20, 1949
|Priority date
|Oct 20, 1949
|Publication number
|Jaffee Robert I, Ogden Horace R
|Original Assignee
|Rem Cru Titanium Inc
|Export Citation
|BiBTeX, EndNote, RefMan
|Patent Citations (1), Referenced by (5), Classifications (4)
|External Links: USPTO, USPTO Assignment, Espacenet
United States Patent 2,726,954 Patented Dec. 13, 1955 tween 0.1% and 0.3% of carbon, with or without 0.01% to 0.15% nitrogen or 0.01% to 0.25% oxygen, or both 2,726,954 oxygen and nitrogen, is generally quite beneficial. Among the alloys of this invention are those made either TITANIUM BASE ALLOY 5 with a commercial titanium base meeting such specifi- Robert I. Jaifee and Horace R. Ogden, Columbus, Ohio, Cations, Wit-l1 a g P y titanium base Containing assignors, by mesne assignments, to Rem-Cru Titanium, similar amounts of added carbon, oxygen and/or nitro- Inc., Midland, Pa., acorporation of Pennsylvania gen. Thus, within the purview of the invention are A ternary alloys containing from about 2% to about 7% alu- No m ggf ig g g 1947 10 minum and up to about chromium, as additions to a titanium-base which may be of high purity or may con- 11 Claims. (Cl. 75-1755) tain up to 0.15% nitrogen, 0.25% oxygen and/or 0.3%
carbon; the total nitrogen, oxygen and carbon content preferably not exceeding 0.5%. Also within the purview of This invention relates to novel titanium-base alloys hav- 15 t i e tion a e q a ern ry alloys containing up to about ing properties which render the alloys highly useful for 5% aluminum, up to 1.25% chromium, and up to 1.25% structural purposes. molybdenum, as additions to the same titanium bases. In a companion application, Serial Number 122,577, The physical properties of illustrative ternary alloys filed October 20, 1949, now Patent No. 2,554,031, granted based on high purity titanium with various additions of May 22, 1951, the present inventors have disclosed cercarbon, oxygen and/or nitrogen, as hot rolled and antain structural alloys which include the addition of a few nealed at 850 C., are given in the table below, in which percent of molybdenum to a titanium-base alloy containthe proportional limit, yield strengths and ultimate strength ing from about 2% to about 8% at aluminum. are in units of thousands of pounds per square inch.
Tensile Properties Composition TI Bass A1 Cr Vickers Prop. 0.1% 0.2% Ultiiggly: 522 Hardness Limit Ofiset Ofiset mate tigr in ducflon 5 1.0 270-310 62 92 100 115 11 5 2. 5 280 94 99 100 118 12 22 5 2. 5 330 119 124 124 13s 9 20 5 2. 5 347 132 138 138 150 10 27 5 2. 5 382 142 150 151 159 e 5 5 2. 5 401 150 159 160 170 12 27 5 3. 5 340 121 129 130 143 12 2s 5 5.0 313 92 104 100 123 12 36 5 5. 0 354 127 130 131 142 12 2s 5 10. 0 372 128 141 146 103 7 s 5 15.0 314 116 128 129 130 7 24 5 2.5 99 133 145 12 37 The present invention comprises the discovery that It will be seen that the minimum quantity of chrodesirable structural alloys of the general character of mium which has a material elfect is about 1%, that the those disclosed in said companion application may be optimum of chromium is about 2.5%, and that ternary made by the use of chromium, instead of molybdenum, alloys of titanium and aluminum with about 2.5% of as the ingredient added to a master titanium-base alloy chromium are benefited by the addition of carbon, oxycontaining a few percent of aluminum. gen and nitrogen, in the quantities in which these ele- The present invention comprises the further discovery ments are contained in commercial titanium. that, whereas the maximum permissible molybdenum Structurally, after annealing at 850 C., for 3 /2 hours, content is somewhat less than 10%, alloys containing as the alloys containing 5% chromium show relatively fine much as 15% of chromium show excellent strength propequiaxed grains of the alpha phase in a matrix of the beta erties and at the same time retain a ductility adequate phase. The alloys of 10% chromium content show a for structural uses. structure of large beta grains containing fine alpha nee- The invention comprises the further discovery that the dles in a Widmanstatten pattern. In the 15 chromium concurrent use of both chromium and molybdenum in a alloys the alpha phase has almost disappeared, only a base alloy containing aluminum is productive of high very smallamount remaining within the beta grains and strength alloys of adequate ductility. along the grain boundaries. As a stabilizer of beta ti- The titanium base metal used in the present alloys may tanium, chromium is more eifective than molybdenum. contain substances or impurities besides titanium, as nor- The alloys of lower chromium content harden as much mally found in either high purity titanium or commeras 95 Vickers points on quenching from a temperature of cially pure titanium. It may be, for example, a high 950 C. or higher, while those of higher chromium conpurity or iodide process titanium, as produced accordtent may quench soft, this effect being related to the staing to the Van Arkel U. S. Patent No. 1,671,213. Alterbilization of beta titanium. natively, it may be a commercial titanium, as produced, These alloys show excellent resistance to heat softenfor example, by magnesium-reduction processes, such as ing, and are thus particularly adapted for use at relatively the process of U. S. Patent No. 2,205,854, to Kroll, or high temperatures. For example, an alloy of 5% alumodifications thereof; provided that the carbon, oxygen minum, 2.5 chromium, 0.25% carbon, balance substanand nitrogen contents of these alloys, hence of the base tially all titanium, having a room temperature hardness metal, should not exceed 0.5%, 0.25 and 0.15% reof 352 Vickers, shows, at 400 F., a Vickers hardness of spectively, nor should they total more than about 0.5%, 270, and at 600 F., a Vickers hardness of 246. Thus, at if the alloys are to possess good ductility as cast or as 600 F., its Vickers hardness number has decreased by worked and annealed.
It has been found, however, that the presence of beabout At 800 F., the Vickers hardness is 226, and at 1000 F., it is 186, a figure comparable with the av- 3 erage room temperature hardness of commercial titanium. As above set forth, the optimum chromium content for alloys of this type is about 2.5 Alloys of comparable properties can be made by substituting molybde- 4 V num, about 2.5% chromium, about 0.25% carbon, about 0.1% nitrogen and about 0.1% oxygen, balance titanium.
6. An alloy composed essentially of 2%7% aluminum, 1%15% chromium, and the balance titanium.
particles dispersed intergranularly in a fine grained alpha matrix.
What is claimed is: 5 1. An alloy containing from about 2% to about 7% aluminum and from about 1% to about chromium, balance titanium.
2. An alloy containing about 5% aluminum and from about 1% to about 15% chromium, balance titanium.
3. An alloy composed essentially of 2% to about 7% aluminum, about 1% to about 15% chromium, and about 0.25% carbon, balance titanium.
4. An alloy composed essentially of about 5% aluminum, about 2.5 chromium, from 0% to about 0.15%
nitrogen, from 0% to about 0.25 oxygen, and from 0% to about 0.3 carbon, balance titanium.
5. An alloy composed essentially of about 5% aluminum for part of the chromium. As before, the presence 5 7. An alloy composed essentially of 2%5% alumiof some carbon, oxygen or nitrogen, is beneficial- Typinum, 1%-l0% chromium,- 0.1%-0.3% carbon, and the cal alloys of this character, and their properties after hot balance titanium. rolling and annealing atabout 850 C., are as follows: 8. A ductile titanium base alloy containing: about 2- 'lensile Properties Composition Annealed (Balanoe- Hard- Percent Percent Ti) ness Propor. 0.1% 0.2% Ultimate Elonga- Area Limit Oflset Offset Strength 7 tion in Reduc- 1 tion These alloys are of the two-phase type, titanium being 7% aluminum and about 1-15% chromium, the balance present in both the alpha and beta forms. Both chromiof the alloy being substantially titanium and said alloy um and molybdenum are within a group of metals which being characterized in high resistance to softening at tend to stabilize beta titanium at ordinary temperatures. elevated temperatures, and in having an ultimate strength The presence of beta titanium in the finished alloy has at least 10% in excess of that of the titanium base metal. been found beneficial in increasing both strength and 9. A ductile titanium base alloy containing: about 2- ductility. 7% aluminum, about ll5% chromium, up to about In the above table, certain elongation data are missing, 0.15% nitrogen, up to about 0.25 oxygen and up to due to the fact that rupture occurred at a location such about 0.3% carbon. H16 balance of the alloy being that accurate measurement of elongation was impractistantially titaniurnand saiclalloyhavinganultimate strength cable. Area reduction, however, gives an index of at least 10% in excess of that of the titanium base metal, ductility, and being characterized in high resistance to softening The physical properties of these quaternary alloys will at elevated temperatures. be seen to be comparable with, though slightly inferior Atitanillm base alloy consisting ssentially of about: to, those of the ternary chromium alloys. Structurally, all 2 0 7% aluminum d about 1 15 Chromium,
' of the quaternary alloys are similar, consisting of beta acterized in having an ultimate strength of at least 100,000
p. s. i. and a tensile elongation of at least 2%.
11. An alloy consisting of about: 2 to 7% aluminum, 1 to 15% chromium, up to 0.3% carbon, up to 0.25% oxygen,.up to 0.15 nitrogen, and the balance titanium.
OTHER REFERENCES Titanium Report of Symposium, Dec. 16, 1948, sponsored by Ofiic'e of Naval Research, pageslOS and 111.
U. S. Air Force Project Rand, Titanium and Titanium-Base Alloys, published by Battelle Memorial Institute, March 15, 1949, pages 11 and 13.
|Cited Patent
|Filing date
|Publication date
|Title not available
|Citing Patent
|Filing date
|Publication date
|Aug 13, 1953
|Oct 22, 1957
|Allegheny Ludlum Steel
|Titanium base alloys
|Sep 28, 1964
|Sep 5, 1967
|Imp Metal Ind Kynoch Ltd
|Titanium-base alloys
|Apr 11, 1956
|Oct 8, 1968
|Crucible Steel Co America
|Heat treatable titanium base alloys and method
|Feb 15, 2001
|Mar 11, 2003
|Kobe Steel, Ltd.
|Muffler made of a titanium alloy
|Sep 30, 2002
|Feb 1, 2005
|Kobe Steel, Ltd.
|α-β type titanium alloy
|U.S. Classification
|International Classification
|Cooperative Classification
|European Classification


text:
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You purchased this item onView this order
Nuun Hydration, Electrolyte Enhanced Drink Tabs, Kona Cola, 12 Tablets (Discontinued Item)
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Shipping Weight:?0.18 lbs (0.08 kg)Shipping WeightThe Shipping Weight includes the product, protective packaging material and the actual shipping box. In addition, the Shipping Weight may be adjusted for the Dimensional Weight (e.g. length, width & height) of a package. It is important to note that certain types of products (e.g. glass containers, liquids, fragile, refrigerated or ice packed) will often require protective packaging material. As such, these products will reflect a higher Shipping Weight compared to the unprotected product.
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Use only if cap is unbroken, store below 25ºC/80ºF
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|Amount Per Serving
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United States District Court, Third Circuit
January 24, 2014
Board of Trustees of the National Elevator Industry Health Benefit Plan, Plaintiff,v.Bernard McLaughlin, Defendant.
ANNE E. THOMPSON, District Judge.
This matter comes before the Court on Plaintiff Board of Trustees of the National Elevator Industry Health Benefit Plan's motion for summary judgment, (Doc. No. 20), and Defendant Bernard McLaughlin's counterclaim and motion for summary judgment, (Doc. No. 22). The Court has issued the Opinion below based upon the written submissions of the parties and without oral argument pursuant to Federal Rule of Civil Procedure 78(b). For the reasons stated herein, the Court grants Plaintiff's motion for summary judgment and denies Defendant's motion.
Defendant's ERISA Plan seeks reimbursement for money paid toward Defendant's medical expenses. (Doc. No. 1, 1). Plaintiff is the named fiduciary and administrator of the National Elevator Industry Health Benefit Plan (the "Plan"), as defined in sections 402(a) and 3(16)(A) of the Employee Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. § 1102(a) and § 1002(16)(A). Defendant was a participant in the Plan. (Doc. No. 1, 2).
On January 10, 2009, Defendant was injured in a motor vehicle accident. (Doc. No. 1, 1). Defendant asserted a liability claim against a third party for his injuries. (Doc. No. 1, 2). The third party settled with Defendant. (Doc. No. 1, 2).
A portion of Defendant's medical bills were paid by the Plan. (Doc. No. 1, 2). The Plan required Defendant to reimburse the Plan if Defendant received money from any proceeding related to the injury, "regardless of how the proceeds are characterized." (Doc. No. 1). The Plan states:
[a]cceptance of benefits from the Plan for an injury or illness by a covered person [...] constitutes an agreement that any amounts recovered from another party by award, judgment, settlement or otherwise, and regardless of how the proceeds are characterized, will promptly be applied first to reimburse the Plan in full for benefits advanced by the Plan due to the injury or illness and without reduction for attorney's fees, costs, expenses or damages claimed by the covered person, and regardless of whether the covered person is made whole or recovers only parts of his/her damages.
(Doc. No. 1). Based on this language, Plaintiff contends that Defendant must reimburse Plaintiff for the money advanced for medical bills from the settlement proceeds. (Doc. No. 1). However, Defendant claims that he did not ask for or receive money for medical bills in the settlement and, therefore, is under no obligation to reimburse Plaintiff. (Doc. No. 22, 8).
Defendant has also counterclaimed pursuant to 29 U.S.C. § 1132 ((a)(1)(B)) for a declaration that his right to benefits is unaffected by this failure to reimburse the Plan and has moved for summary judgment on that count. (Doc. No. 22).
1. Legal Standard
"The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c)(2). The Court must construe all facts and inferences in the light most favorable to the nonmoving party. Boyle v. City of Allegheny Pennsylvania, 139 F.3d 386, 393 (3d Cir. 1998). The nonmoving party must come forward with specific facts showing a genuine issue for trial. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586-87 (1986) (citations omitted). "A factual dispute is genuine' and... warrants trial if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.'" Brightwell v. Lehman, 637 F.3d 187, 194 (3d Cir. 2011) (citations omitted).
"Credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge." Anderson v. Liberty Lobby, 477 U.S. 242, 255 (1986). If a civil defendant moves for summary judgment on the basis that plaintiff has failed to establish a material fact, the judge must inquire not as to "whether [s]he thinks the evidence unmistakably favors one side or the other but[, ] whether a fair-minded jury could return a verdict for the plaintiff on the evidence presented." Id. at 252. A mere "scintilla of evidence in support of the plaintiff's position will be insufficient; there must be evidence on which the jury could reasonably find for the plaintiff." Id.
2. Analysis
The Court must determine three main issues: 1) whether Plaintiff may bring the present action; 2) whether the Court should enforce the terms of the Other Party Liability Claims provision of the Plan; and 3) whether Defendant may assert the affirmative defense of laches.
a. Can Plaintiff Bring the Present Action?
The threshold question in this case is whether Plaintiff can bring the present action. A fiduciary may bring a civil action under § 502(a)(3) of ERISA in the following circumstances:
(A) to enjoin any act or practice which violates any provision of this subchapter or the terms of the plan; or
(B) to obtain other appropriate equitable relief;
(i) to redress such violations; or
(ii) to enforce any provisions of this subchapter or the terms of the plan.
29 U.S.C. § 1132(a)(3). When a fiduciary seeks to obtain equitable relief to enforce the terms of the plan, suit is only authorized under "those categories of relief that were typically available in equity." Mertens v. Hewitt Associates, 508 U.S. 248, 256 (1993). Plaintiff is a fiduciary under ERISA and Plaintiff's suit is to enforce the terms of the "Other Party Liability Claims" provision in the Plan. Thus, the only question remaining is whether the relief requested is "equitable" under § 502(a)(3)(B). See Sereboff v. Mid Atl. Med. Servs., Inc., 547 U.S. 356, 361 (2006).
An equitable lien by agreement constitutes equitable relief authorized by § 502(a)(3) of ERISA. Sereboff, 547 U.S. at 368-69. To qualify as an equitable lien by agreement, the contract must: 1) identify a particular fund distinct from the defendant's general assets; and 2) identify a particular share of the fund to which it is entitled. Id .; see also U.S. Airways, Inc. v. McCutchen, 133 S.Ct. 1537, 1544 (2013) ("a contract to convey a specific object not yet acquired creates a lien on that object as soon as the contractor gets a title to the thing") (internal citations omitted).
Here, Defendant claims that the settlement lacks a sufficient nexus to the medical bills to satisfy this test.[1] However, this case is analogous to Sereboff, in which the Court found that a plan seeking reimbursement for medical expenses under a similar agreement "properly sought equitable relief' under §502(a)(3)." Sereboff, 547 U.S. at 369. Even though the settlement in that case did not specifically identify money for medical bills, the plaintiff's action was an action for equitable relief because the claim specifically identified the portion of the settlement to which the plan was entitled. Id. Similarly, the Plan in this case identifies "any amounts recovered from a third party by award, settlement, judgment or otherwise" as a particular fund distinct from Defendant's general assets. The Plan also specifically calls for the amount necessary to "reimburse the Plan in full for benefits advanced, " a particular share of the fund to which the Plan is entitled.[2] Accordingly, the Court finds that Plaintiff can bring the present action under § 502(a)(3) of ERISA.
b. Enforceability of Other Party Liability Claims Provision
After finding that Plaintiff can bring the present action, the Court now turns to the enforcement of the Other Party Liability Claims provision.
Defendant argues that the New Jersey Collateral Source Statute, N.J.S.A. 2A: 15-97, prohibited him from claiming medical expenses in his state court action. Since Defendant did not claim medical expenses and believed that New Jersey law prevented Defendant from recovering medical expenses in the suit, Defendant argues that he should not be required to reimburse Plaintiff.[3] The Court disagrees and finds that the "Other Party Liability Claims" provision should be enforced for two reasons: 1) ERISA preempted the Collateral Source Statute in this circumstance; and 2) the "Other Party Liability Claims" provision constituted an equitable lien by agreement and is enforceable regardless of the operation of the Collateral Source Statute in the state court proceeding.
i. Preemption of the Collateral Source Statute
"Generally, a state law that relates to' an ERISA-governed plan is preempted by ERISA." Levine v. United Healthcare Corp., 402 F.3d 156, 164 (3d Cir. 2005); see also 29 U.S.C. § 1144(a) (ERISA's regulatory structure "shall supersede any and all State laws insofar as they may now or hereafter relate to any employee benefit plan [subject to ERISA].") (emphasis added). Whether an issue is preempted by ERISA hinges on whether it "relates to" an employee benefit plan. See Metro. Life Ins. Co. v. Taylor, 481 U.S. 58, 62-63 (1987). A claim "relates to" an employee benefit plan "if it has a connection with or reference to such a plan." Shaw v. Delta Airlines, Inc., 463 U.S. 85, 98 (1983). "Congress used th[e] words [relate to] in their broad sense, rejecting more limited pre-emption language that would have made the clause applicable only to state laws relating to specific subjects covered by ERISA." Ingersoll-Rand Co. v. McClendon, 498 U.S. 133, 138 (1990) (citations omitted).
Here, the Collateral Source Statute is a law of general application that requires "a plaintiff who receives benefits from any source other than a joint tortfeasor to deduct that amount from his or her recovery in any civil action." Levine v. United Healthcare Corp., 402 F.3d 156, 164 (3d Cir. 2005). On the other hand, the Plan requires Defendant to reimburse Plaintiff for medical expenses from the settlement proceeds, regardless of how the proceeds are characterized. Since the Collateral Source Statute is preempted to the extent it relates to the Plan and the Plan specifically requires reimbursement for medical expenses from the proceeds of any suit related to the injury, the Plan's terms govern.
ii. Enforceability of the Terms of the "Other Party Liability Claims" Provision
The Collateral Source Statute is not only preempted by ERISA, but Plaintiff is also seeking to enforce the modern day equivalent of an "equitable lien by agreement." See U.S. Airways, Inc. v. McCutchen, 133 S.Ct. 1537, 1544-45 (2013). An equitable lien by agreement "both arises from and serves to carry out a contract's provisions." Sereboff, 547 U.S. at 363-64. "[E]nforcing the lien means holding the parties to their mutual promises." McCutchen, 133 S.Ct. at 1546. "Even in equity, when a party sought to enforce an equitable lien by agreement, all provisions of that agreement controlled." Id. at 1549. Therefore, principles, such as unjust enrichment or collateral source, are "beside the point" when parties demand what they bargained for in a valid agreement. Id. at 1546. This holding is consistent with "ERISA's focus on what a plan provides." Id. at 1548. Courts construe ERISA plans, as they do other contracts, by "looking to the terms of the plan' as well as to other manifestations of the parties' intent." Id. at 1549; Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 113 (1989).
Here, the Parties agreed that if Defendant accepted benefits from the Plan he would reimburse the Plan with the proceeds of settlements related to the injury. The contractual language specifically states that money for medical expenses must be reimbursed "regardless of how the proceeds are characterized." Therefore, the parties agreed that Defendant would reimburse Plaintiff even if the settlement did not include money for medical bills. Since the Plan's language is clear and the agreement controls, Defendant must reimburse Plaintiff from the settlement.
c. Laches Defense
Before finding that Plaintiff prevails, the Court turns to Defendant's affirmative defenses. Defendant asserts an affirmative defense of laches to bar the enforcement of the equitable lien by agreement. To assert a laches claim, a defendant must show: (1) inexcusable delay by the plaintiff in pursuing the claim; and (2) prejudice to the defendant as a result of delay. Tracinda Corp. v. Daimler-Chrysler AG, 502 F.3d 212, 226 (3d Cir. 2007).
Here, Defendant argues that Plaintiff waited until after Defendant settled his liability claim to seek enforcement of its equitable lien by agreement. However, the Court in Sereboff noted that an equitable lien by agreement allows health plans to "follow a portion of the recovery into the [defendant's] hands as soon as the [settlement fund] was identified." Sereboff, 547 U.S. at 364. The fund was not identified until after the settlement. Additionally, Defendant was not prejudiced due to the fact that the lawsuit was filed after the settlement; the Plan itself provided Defendant notice of Plaintiff's potential claim to settlement funds. Thus, the affirmative defense of laches fails.
d. Counterclaim
Finally, Defendant has counterclaimed pursuant to 29 U.S.C. §1132 (a)(1)(B) for a declaration that his benefits are unaffected by this failure to reimburse on the grounds that he does not owe the Plan any money. Defendant has moved for summary judgment on that count. (Doc. No. 22). For the reasons discussed above, Defendant does owe the Plan and, therefore, cannot prevail on this claim.
For the foregoing reasons, Plaintiff's motion for summary judgment is granted and judgment is entered in favor of Plaintiff.
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Discussion in 'iPod touch Firmware 2.X Jailbreak' started by jped, Jul 19, 2008.
DFU mode cant do it(edit figured it out)
nvm got it
how did you figure it out i still stuck on the
i watch a video someone posted and followed it heres the video http://outgoing.ifans.com/?d=aHR0cDovL3d3dy55b3V0dWJlLmNvbS93YXRjaD92PWZpVGNLTVpmeWZr
do you do that while your building the custom firmware?
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Brandon Marshall scored his third touchdown this season last week against the Patriots and he faces the Colts secondary this week. Matthew Berry assesses how some of the league's best WRs have fared against Indy to project if Marshall will do the same.
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November 22, 2010
GAYLE STEWART, PLAINTIFF,v.MICHAEL ATWOOD, BARRY BISTIS, DEFENDANTS.
This action has been referred to the undersigned, a magistrate judge of this court, by order of Hon. William M. Skretny for entry of a scheduling order in accordance with Rule 16 of the Federal Rules of Civil Procedures ("Federal Rules") and Local Rule of Civil Procedure 16.1.
Each party, including any party appearing for themselves without counsel, shall appear before the undersigned on January 6, 2011 at 11:00 a.m. at 310 U.S. Courthouse, 68 Court Street, Buffalo, New York for the purpose of entry of a case management order as required by Fed.R.Civ.P. 16(b).
All parties should note that the case is subject to mandatory pretrial mediation as required by the court's Alternative Dispute Resolution Plan ("the ADR Plan") approved by the court's District Judges in their order dated August 23, 2005 as revised January 1, 2008. The parties are urged to consult the ADR Plan as revised and a related document, Alternative Dispute Resolution Procedures, copies of which are available from the Clerk of Court and on the court's website at www.nywd.uscourts.gov.
The parties' attention is drawn to the obligation of the parties to select a mediator in accordance with Section 5.4C of the ADR Plan, and propose to the undersigned a timetable to be included in the Rule 16 scheduling order for commencing and completing the mediation. Such dates, in addition to the other relevant timetables for the pretrial phase of this case as requested herein, shall be submitted by the parties to the undersigned along with the proposed Discovery Plan for this case required by Rule 26(f) of the Federal Rules and this order. Accordingly, the parties shall consider and advise the court in the Discovery Plan regarding the extent to which, if any, discovery may be needed to facilitate the mediation required by the ADR Plan.
All parties should note significant amendments to Fed.R.Civ.P. 26, 30, 34, 37 and 45, effective December 1, 2006, that require certain pretrial disclosures and affect the scope and conduct of any discovery in this case especially with respect to electronically stored information. (See attached summary.) By Local Rules adopted and effective May 1, 2003, this court has modified Rules 26, 30 and 34. See Local Rules of Civ.P. W.D.N.Y. 26, 30 and 34.
As required by Fed.R.Civ.P. 26(f), the parties shall confer at least 21 days prior to the Rule 16(b) hearing as scheduled above for (1) the purposes set forth in Rule 26(f)(2) preparation of the required Proposed Discovery Plan, and (2) to propose to the court a Case Management Order that will establish outside cut-off dates for the further progress of this case including:
(a) Making all disclosures as required by Fed.R.Civ.P. 26(a)(1).
(b) Motions to amend the pleadings or add parties.
(c) Commencement and completion of mediation pursuant to the ADR Plan.
(d) Limited discovery to facilitate mediation pursuant to the ADR Plan.
(e) Commencement and completion of all fact discovery.
(f) Completion of all expert discovery, if any, by each party including strict compliance with Fed.R.Civ.P. 26(a)(2) regarding the identification and filing reports of testifying experts.
(g) Motions to compel.
(h) The filing of any dispositive motions.
Such proposed discovery plan and case management order shall, pursuant to Fed.R.Civ.P. 26(f), be submitted to the court in writing at least 14 days prior to the Rule 16(b) conference as herein provided. Any failure by a party or the party's attorney to participate in good faith in the development and submission of a proposed discovery plan required by Rule 26(f) or this order may result in the award of expenses and attorney's fees to the other party caused by such failure.
Fed.R.Civ.P. 37(g).
THE PARTIES ARE REQUESTED TO CONSIDER AND ARE ENCOURAGED TO ACT FAVORABLY ON THE ATTACHED CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE IN A CIVIL CASE PURSUANT TO TITLE 28 OF THE UNITED STATES CODE, SECTION 637(c). HOWEVER, NO SUBSTANTIVE ADVERSE CONSEQUENCES WILL RESULT SHOULD THE PARTIES ELECT NOT TO CONSENT. IF THE PARTIES WISH TO CONSENT, ALL PARTIES MUST EXECUTE THE CONSENT FORM AND RETURN IT TO THE CLERK OR THE UNDERSIGNED FOR PROCESSING.
Buffalo, New York
Notice of a magistrate judge's availability. A United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or non-jury trial) and to order the entry of a final judgment. The judgment may then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may exercise this authority only if all parties voluntarily consent.
You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case.
Consent to a magistrate judge's authority. The following parties consent to have a United States magistrate judge conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings.
Parties' printed names Signatures of parties or attorneys Dates Reference Order
IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73.
Date: District Judge's signature Printed name and title Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States magistrate judge. Do not return this form to a judge.
Summary of Amendments to the Federal Rules of Civil Procedure and the Federal Rules of Evidence Relating to Electronically Stored Information and Privileged and Work Product Matters
(1) Changes, effective December 1, 2006, apply to all pending cases and newly filed cases.
(2) Rule 26(a)(1)(A) -- (D) mandates voluntary disclosure of specific categories of information including electronically stored information, see Rule 26(a)(1)(A)(ii), in all cases except those exempted under Rule 26(a)(1)(E), e.g., social security appeals and prisoner civil rights cases, at or within 14 days after the conference between the parties required by Rule 26(f) to develop a written Discovery Plan, unless stipulated or ordered otherwise, or unless a party objects in the Discovery Plan.
(3) Parties to confer as soon as practicable and at least 21 days prior to scheduled Rule 16(b) conference to consider claims and defenses, possible early settlement or resolution of case, to make or arrange for disclosures mandated by Rule 26(a)(1)(A) -- (D), and to prepare for submission to the court a proposed Discovery Plan covering the matters set forth in Rule 26(f)(1) -- (6), including discovery of electronically stored information and issues of claims of privilege and work product protection. Such Discovery Plan must be submitted to the court, in writing, within 14 days after the conference required by Rule 26(f).
(4) At the Rule 26(f) conference the parties should address, with the assistance of their respective information management system personnel, preservation and the format(s) for production of any electronically stored information which may be subject to discovery requests in the case.
(5) No discovery permitted before parties have conferred to propose a written Discovery Plan unless permitted by court order or by agreement of the parties. Rule 26(d).
(6) Discovery at the request of a party is limited to a claim or defense. Discovery related to a matter relevant to subject matter of the action available only upon court order for good cause. Rule 26(b)(1). As amended, Rule 26(b)(2)(B) establishes limitations on the discovery of electronically stored information.
(7) Interference with the conduct of a deposition by instructing a witness not to answer a question is sanctionable misconduct unless the instruction is to preserve a privilege or enforce a limitation under Rule 30(d)(4). Rule 30(d)(1) and (3). Objections must be stated concisely and in a non-argumentative and non-suggestive manner. Rule 30(d)(1).
(8) Assertions of a privilege and attorney work product including retrieval of inadvertently disclosed information subject to a privilege or work product protection are governed by Fed.R.Civ.P. 26(b)(5) and newly enacted Fed.R.Evid. 502 which the parties should carefully consult prior to the Rule 26(f) conference.
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June 1, 1965
MISSISSIPPI VALLEY BARGE LINE COMPANY, Plaintiff,
BULK CARRIERS, LTD., Import & Export Steel Corporation, Nimpex International, Inc., Insurance Company of North America, Venizelos, S.A., Nikitas K. Venizelos, Atalaya, Cia. Nav., S.A., John Doe, and others whose names are unknown to the plaintiff, the persons intended being certain other insurers of a cargo carried in the S/S DORI herein described, Defendants
WYATT, District Judge.
This is a motion on affidavits by defendants Import & Export Steel Corporation (Impex), Nimpex International Incorporated (Nimpex), and Insurance Company of North America (Insurance North)
(1) to dismiss the complaint for failure to state a claim upon which relief can be granted (Fed.R.Civ.P. 12(b)(6));
(2) to dismiss the complaint for lack of jurisdiction over the subject matter (Fed.R.Civ.P. 12(b)(1));
(3) to dismiss the complaint because a "declaratory judgment is inappropriate" (this is probably to be treated as a motion for summary judgment under the last sentence of Fed.R.Civ.P. 12(b)); and
(4) to require counsel for plaintiff to "produce substantial proof" that they were duly authorized by plaintiff to commence this action.
Under date of October 23, 1963, defendant Bulk Carriers, Ltd. (Bulk) as "Disponent Owners" of the vessel "Dori" chartered her to defendant Nimpex to carry a full cargo of steel coils on one voyage from Germany to New Orleans. No definition of "disponent owner" has been found but I assume it means a person not the actual owner but legally capable of making a charter of the vessel.
On November 4, 1963, plaintiff Barge appointed defendant Bulk its agent to solicit overseas cargo for carriage by its barges on rivers in this country.
Under date of December 13, 1963, and doubtless reflecting efforts of Bulk to secure cargo for Barge, the charter party was amended by "Addendum No. 1" in relevant part as follows: (a) the cargo was to be delivered at Chicago rather than New Orleans; (b) the "through freight rate" to Chicago was fixed and, of course, at a higher rate than that to New Orleans; (c) Bulk agreed to issue (on completion of loading at German port) to Nimpex (the "charterers") "a Mississippi Valley Barge Line Company through-bill-of-lading, as attached"; and (d) the arbitration clause was provided to read as follows:
"9 - ARBITRATION: Should any dispute arise between the Disponent Owners and the Charterers, the matter in dispute shall be referred to three persons in New York, one to be appointed by each of the parties hereto, and the third by the two so chosen, and their decision, or that of any two of them, shall be final, and, for purpose, of enforcing any award, this agreement may be made a rule of the Court. The Arbitrators shall be commercial men."
It does not appear when "Addendum No. 1" was executed.
Under the same date of December 13, 1963 a "memorandum of agreement" was executed by Bulk and Barge under which it was agreed that the charter party and addendum were "sublet" to Barge, that Barge would assume all obligations of Bulk thereunder, and that Bulk "as agents for" Barge would issue a through bill of lading. It is represented for Barge that this "memorandum of agreement" was not executed "until after the DORI departed from Emden in January 1964."
The Dori was loaded in Germany, at which time bills of lading were issued by the Master covering the carriage of the cargo to New Orleans and delivery there to the order of Franklin National Bank notify Impex. It must be assumed that the delivery provisions in the bill of lading were on instructions of Nimpex, charterer of the Dori. In an affidavit, it is stated that Impex was the owner of the cargo. That the delivery port in the Master's bills of lading was New Orleans and not Chicago is consistent with the representation for Barge that the "sublet" of the charter party to Barge, while dated December 13, 1963, was not actually executed until after the Dori had sailed from Germany. It also seems fair to assume that "Addendum No. 1" was executed at or about the same time as the "sublet".
The Dori sank at a port in the Azores Islands on January 16, 1964.
Thereafter defendant Bulk, consistent with the obligations under "Addendum No. 1" and the "sublet" agreement, issued through bills of lading for the cargo over the name of Barge; the signature to the bills of lading was that of Barge by Bulk as "agents". The through bills of lading were dated December 27, 1963 and were on printed forms of Barge. The delivery ports were Chicago and St. Louis. The consignee was "order of Franklin National Bank" and to notify Impex and the Bank. The through bills of lading contained the following typed provision:
The through bills of lading were delivered by Bulk to Nimpex on January 28, 1964. Nimpex agreed that it would not tender the through bills of lading to any innocent third party without advising them that the cargo had already been lost.
Under date of May 26, 1964, counsel for movants here, on behalf of "all parties interested in the cargo", made demand of Barge that it arbitrate the dispute over responsibility for the cargo loss. In so doing, the cargo relied on the arbitration provision of "Addendum No. 1" which was asserted to be binding on Barge because of incorporation in the through bills of lading and because of the "sublet" agreement executed by Barge.
The demand for arbitration was ignored.
On October 27, 1964, Impex and Nimpex filed a petition in this Court (64 Ad. 1166) for an order directing Barge to arbitrate. 9 U.S.C. § 4
On January 7, 1965 Impex and Nimpex filed a libel in personam in this Court (65 Ad. 17) against Barge based on loss of the cargo. This libel contained three causes of action. The first and second causes of action appear to be for money damages only. The third cause of action repeats the averments of the first and then recites the claimed agreement of Barge to arbitrate. The prayer for relief in the libel is that an order directing arbitration be made. The following appears as the last paragraph of the libel:
" TWENTY-THIRD: Libelants allege and assert a cause of action in admiralty for the breach of a marine contract of affreightment and Charter Party agreement and Addendum thereto, in addition to its demand for arbitration as set forth in the foregoing cause of action."
On January 8, 1965 the complaint in this action at bar was filed by Barge. The opposing affidavit states that this complaint was filed for Barge without knowledge of the libel filed by Impex and Nimpex the day before.
On January 15, 1965 Barge, respondent in the admiralty suit, filed in that suit a petition under Supreme Court Admiralty Rule 56 praying that Bulk, Veniselos, S.A., Nikitas K. Venizelos and Atalaya Cia. Nav., S.A. he made impleaded respondents. The claim of Barge asserted in the petition against the impleaded respondents is exactly the same claim asserted by Barge against them in the case at bar. The paragraphs in the petition to implead are for the most part lifted bodily from the complaint in the case at bar. Process duly issued in response to the petition of Barge to implead the four parties named above. The impleaded respondents have each appeared in that admiralty suit. Thus all of the parties to the action at bar are parties to the admiralty suit except for Insurance North.
On February 16, 1965 the present motion in the action at bar was argued and submitted.
On March 25, 1965, by order with memorandum opinion, Judge Croake granted the petition of Impex and Nimpex and directed Barge to proceed to arbitration of the dispute over the loss of the cargo on Dori. This means that Judge Croake was satisfied that Barge had made the agreement or agreements containing the arbitration clause as claimed by Impex and Nimpex. 9 U.S.C. § 4
Barge has appealed from the order of Judge Croake, the appeal has been argued, and the matter is now under consideration by the Court of Appeals.
Some few of the facts above recited have been taken from the Appendix for Appellant in the Court of Appeals. This Court has examined that Appendix and the briefs in the Court of Appeals.
Movants attack the jurisdiction of this Court because "John Doe and others" are named as defendants. There has been no service of a summons and complaint on any "John Doe" defendant. Counsel for plaintiff Barge in their memorandum of law state that there will never be any occasion for attempting such service and ask that the action be dismissed as against the "John Doe" defendants. This is both appropriate and reasonable. Accordingly, the defendants named as "John Doe and others * * *" are hereby dropped as parties to this action. Fed.R.Civ.P. 21. The words "John Doe" and all following words through the word "described," are hereby struck from the caption of the complaint and subparagraph (h) of paragraph SECOND of the complaint is hereby struck therefrom.
In so far as the motion seeks an order requiring counsel for plaintiff Barge to produce proof of their authority to commence this action for Barge, the motion is denied.
The serious question is whether this action for a declaratory judgment should be entertained. The fundamental principle is that the Court has a discretion to refuse a declaratory judgment and should so exercise its discretion where a more appropriate or more effective remedy exists, other than the declaration sought. Larson v. General Motors Corp., 134 F.2d 450, 453 (2d Cir. 1943); Zenie Bros. v. Miskend, 10 F. Supp. 779, 782 (S.D.N.Y.1935); 6 Moore's Federal Practice (2d ed.) 3031-32.
As between Barge on the one hand and Impex and Nimpex on the other, there are two pending actions, the petition for arbitration and the libel in admiralty. If, as Judge Croake has held, arbitration is required, then the petition proceedings are far more appropriate and effective than the case at bar. Even if Judge Croake should be found to be in error, it would seem that a reversal of his order would result in a remand to this Court for trial of the issue of the making of the agreement. 9 U.S.C. § 4.
In any event, if no arbitration is properly to be had, all the parties (except Insurance North) are before the Court in the admiralty suit, which is the traditional and normal vehicle to determine claims as between cargo and carriers. The absence of Insurance North from the admiralty suit is of no significance. As insurer of the cargo, Insurance North is certainly not a necessary party and indeed may not even be a proper party. The claims of Barge as against Bulk, Venizelos, S.A., Atalaya Cia. Nav. S.A., and Venizelos individually are all fully protected by their assertion in the admiralty suit.
It is also to be noted that the arbitration petition and the libel were filed before the case at bar was commenced. Indeed, if Barge had known on January 8, 1965 that the admiralty suit had been commenced the day before, the chances are that the complaint in the case at bar would not have been filed.
There seems no reason why three proceedings should be pending over the same dispute. In such a situation, it is proper to employ a chronological test and to dismiss the proceeding last commenced. See 6 Moore's Federal Practice (2d ed.) 3042.
For the reasons set forth, this action ought not to be entertained. The Clerk is directed to enter judgment in favor of defendants Import & Export Steel Corporation, Nimpex International, Inc., and Insurance Company of North America dismissing the complaint against said defendants.
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We need Mechanical D'man (Conveyor) immediately. Job Details Position : Mechanical D'man (Conveyor) Qualification : ITI / Vocational Course / Diploma Experience : ...
Key Skills : mechanical draughtsman,mechanical draughtsman piping,autocad draughtsman
Best Institute with Placement for Fresher Electrical Engineer in Power Plant Project Delhi Ncr ( 0 - 1 yrs)
S.r. Thermonix Technologies
RS1,00,000 To 2,00,000Vijayawada, Itanagar, Chandigarh, Raipur, Panaji, Gandhinagar, Shimla, Jammu, Delhi
Our various projects are running in all over INDIA. We require engineers in our project plant. So we provide training to the fresher engineers for our project plant. Our company provides practical knowledge in Power plant to make them core engineers....
Key Skills : fresher engineer,mechanical engineer,electrical engineer,electronics engineer,electronics & communication engineer,instrumentation engineer,b.tech...


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