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October, We Hardly Knew Ye. (Or, Time's Moving Too Fast. Let's Have a Giveaway!)Pop Culture + Media Thursday, October 29, 2015
This month, man. What the hell? Where did it all go?
Here we are staring November — and basically the end of 2015 — right in the face. It kind of feels like the only salve for this whiplash we're all experiencing from Earth's rapid revolutions is a giveaway, right? Right.
In fact, let's make it a double-deal, yes? Absolutely, yes!
Part 1: The beautifully restored 25th Anniversary edition of Edward Scissorhands Blu-ray. (Also: How is this moving 25 years old already??!)
Part 2: A slightly more modern coming-of-age story — Paper Towns, based on the YA novel by YA master John Green.
And to walk away with both of these Blu-ray sets all you have to do is tell me one thing (that's not Thanksgiving) that you're looking forward to in November. That's it.
The randomly selected winner will be announced November 6!
Why You Should See 'He Named Me Malala' This WeekendPop Culture + Media Friday, October 9, 2015
"There's a moment when you have to choose whether to be silent or to stand up."– Malala Yousafzai
Back in the summer, I was invited to an advanced screening of the new documentary He Named Me Malala, about the 18-year-old Nobel Peace Prize Laureate. The message in the film is strong: Use your voice. Speak out against injustice. Stand up for change.
And do it now.
I've long been fascinated by Malala's extraordinary story and moved by her fight for girls' education and empowerment around the world. So going into the film, I was prepared to be inspired. What I didn't expect, though, was to find out how funny and charming Malala is! The documentary does an excellent job of going beyond her lofty platform and showing Malala as a person. A really sweet, sparkling, big-hearted young woman moving through a complicated world with focus and compassion.
After seeing the movie and talking with some of the good folks at the Malala Fund, I happily signed up to be an Ambassador for #HeNamedMeMalala.
It's a movement I'm proud to be a part of, and I look forward to working with this group — long after the film has left theaters — to continue turning my compassion into action.
Here's the official trailer:
The film opens this weekend in 400 theaters in the U.S., and I'm telling you, it's a must-see. Take your kids*, especially. Let them see how one voice can roar and rattle that which is crooked, corrupt and unjust.
And to help parents start conversations with kids, the Malala Fund has put together a helpful Parent Discussion Guide.
Let me know if you and your fam head out to see the film this weekend. Drop me a line here or find me on Facebook and Twitter.
(*Parents should note that the film is rated PG-13: There's nothing graphic, per se, in the film, but there are definitely disturbing images and themes around about the violence.)
Fresh For October: #30WriteNow Kick-Off and a 'Fresh Off the Boat' DVD GiveawayPop Culture + Media Thursday, October 1, 2015
Three years ago today, a friend and I decided to start the #30WriteNow October Writing Challenge. The rules around it were simple: Write for at least 30 minutes without stopping to edit or second-guess. Just spill it out on the page. It could be for your blog, an essay, your novel — doesn't matter. The point is: you write, consistently! And you do this every day for 30 days. (We use October 31st as a spare tire, in case you miss a day during the month).
I've continued the #30WriteNow challenge each year, sharing writing prompts every morning on Twitter, should you need a little help getting those story juices flowing.
Today's prompt: VACANT.
All right, so who's down to do this? Well, if you are, get to it. Write!
With fall officially here and freshness in the air, it feels like the right time for a giveaway, yes? (The correct answer is only ever yes.)
Have you been watching the new fall TV shows? I know. There's so much damn television on these days, will we ever really feel caught up? Some of the shows are good, but there are plenty that are a lot less, uh, good.
One show that had a solid debut and came back strong for its second season this year is ABC's Fresh Off the Boat. The quick "what's it about"…
Eddie Huang, a 12-year-old hip-hop head and jokester, moves with his family from D.C.'s Chinatown to Orlando where his dad, Louis, tries to get rich or die tryin' (shouts, Fiddy!) in the steakhouse biz. It's set in the '90s, which has baked-in jokes on its own, and the rest of the family — especially the mom, Jessica — bring the funny.
So … Fresh Off the Boat's Season 1 DVD is out and up for grabs right here!
All you have to do is share which TV shows you're most hyped about seeing — either new or returning — with a quick line about why, and you're in the running to win this free DVD box set, which includes a gag reel.
The winner will be announced October 15th!
September Never Felt Like This (Not a Good Thing)Life As Mom Wednesday, September 2, 2015
If you've been reading MMM for the last five years, you already know how I feel about September. It's always been about fresh starts, clean pages, and first steps in new directions. I call it my New Year. I usually meet the month with a smile and a bottle full of energy ready to be uncorked.
But this time around, I feel like I kind of dragged myself to the starting line. Yes, the month is only days old right now, but I'm already exhausted. The last couple of months drained whatever I had brewing right out of me. I'm waking up tired, missing meals, feeling perma-frazzled, and looking at my rude To-Do list sideways like it insulted my mother.
And I'm not down any of this. Not even a little. Don't be playin' with my New Year! I need my September to feel like fresh air and excitement. I need it to feel like this Earth, Wind & Fire classic:
My tiredness has to do with not getting enough sleep, for starters. But I'm already attacking that like it's the last cupcake at a kid's party. The lights were out by 10:30 sharp last night. Like I said, Don't be playin' with my New Year, man!
The other piece to this doesn't really have that quick-fix. It's the juggle, the one that so many — too many — parents are doing on the daily. The one that leaves us all feeling stretched, running late, worn out, beat up, and deflated. I've been thinking about this juggle, this dancing as fast as I can foolishness we're all perpetrating. And it simply cannot go on like this.
A friend posted an old opinion piece by the NYTimes' Charles Blow. It was from two years ago, but reading it again today, I think I was nodding my head even harder this time. The piece was called "The Passion of Parenting," and Blow talked about the ongoing challenge of parenting (he's a single dad of three). He shares some of the wisdom he's been handed down from his own mother, when he'd turn to her in times of, Ugggghhhh, this shit is hard. (My paraphrase. Obvi.)
"She taught me that sometimes you have to make time for yourself so that you will have energy to give to your children. Allow them to have a pizza night every now and then. An occasional treat won't hurt them, but working yourself to a frazzle will surely hurt you. Rest.
"She taught me that you must allow yourself time to find stillness and so you can be moved by it. Sometimes we are so busy that we forget why we're busy. We have so many things on our list of priorities that we lose sight of what's really important.
I mean, sometimes we are so busy that we forget why we're busy? And then, one day you must give them back to life? Come on! Mother Blow is dishing out truth stew, and I'm drinking it down!
And then I read something more recent that really drove the point all the way home — and walked it to the front door. It was "Is 'having it all' a feminist fiction?" by the always great Kristen Howerton of Rage Against the Minivan. Exhibit A:
"I love being a mom, and I love having a career, but I can't help feeling like somewhere along the lines I was sold a bill of goods that anyone could adequately do them both. Someone is going to lose, and sometimes it feels like we are all losing. I'm working non-stop, foregoing sleep, and just wondering what new thing will crop up tomorrow to keep me from finishing the deadlines I needed to make yesterday, before my time got way-laid. I'm often tired and grumpy. I don't get enough sleep, and I don't feel like I have time to hit the gym most days. I am modeling a lifestyle of stress to my children and I am disappointing people right and left because I just need 10 more hours in each day to do everything I need to do."
COME ON! Hell to the yessss! What we could all do with 10 more hours, right? Please. We'd probably quickly fill those up and still be walking around stretched and stressed. It all points to the fact — the fact — that this has to change. And I'm saying it here now: It will change. Because I want my joyful giddy back. I want my September New Year back. And I want it back now.
So… Welcome, September. Glad you're here! Happy New Year!
To kick of this season proper, how about a little giveaway?
One thing that has been a total lifesaver these last couple busy weeks is this Peri Ultra-Slim GoCharge mobile charger.
It's super slim, streamlined and specifically designed to fit into a small purse or clutch. I've got the gold one and it's mighty stylin', folks. I don't even feel it in my bag. I've actually had to rummage around my bag for it once or twice. But that says a lot more about the state of my purse right now. ahem Anyway, the sleek charger has an integrated Lightning cable (iPhone) or Micro USB (Android) that just — spoop — tucks into the back of it, so no dangly wires to worry about. It packs about one-and-half full charges for my phone and has saved from dead battery hell a few times over.
So, who wants one?
All you have to do is leave a comment below about what you're most looking forward to in September and you'll be in the running to nab your own Peri Ultra-Slim GoCharge, totally gratis! The winner will be randomly selected in two weeks.


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Having unnecessary fat in numerous locations of your body can have a considerable influence on your health and self-confidence. While conventional weight reduction through workout and diet plan is an excellent method to reduce weight in general, even the very best workouts can't target problem locations like the belly, inner thighs, arms, and buttocks. Liposuction is a time checked treatment that is used to get rid of excess fat from particular areas of the body, permitting an individual to shape and contour their body to their preference. Is liposuction right for you? Find out now.
Pros of Liposuction
There are many benefits to this cosmetic treatment, consisting of:
• Immediately obvious modifications. Unlike standard weight loss, liposuction develops changes that are instantly visible in the body. Some difference is obvious right away, and the preferred outcomes are usually achieved in simply a few days.
• Proven and safe. This cosmetic procedure has actually been performed by knowledgeable surgeons all over the world for many years and the technique has actually been improved over and again to be safe and reliable.
• Recovery time is generally quick. The downtime needed after having this type of procedure is generally much less than exactly what is required for other types of cosmetic treatments, including abdominoplasty, breast reduction, and more. People who have had the procedure can frequently return to work a lot more rapidly than they expected and can get back to living a healthy, active way of life.
• Weight loss can be permanent. With the right upkeep techniques, the fat that was eliminated throughout the liposuction treatment will not return.
• Complete control over your body. With liposuction, an individual can have complete control over how they wish to look, beyond what traditional diet and exercise can supply. Offering people this power over their bodies enhances self-confidence and assistance people feel their best.
While there many advantages to liposuction, there are of course a couple of caveats that must be taken into consideration before making the decision to move forward with the procedure.
Cons of Liposuction
Before having actually liposuction done, it is very important to analyze the possible drawbacks of the procedure and determine if the advantages exceed the dangers in your certain case. Your specialist can assist you find out more about the dangers associated with the procedure and can help you decide if progressing is the best thing for you.
• Problems with general anesthesia. Because liposuction is performed under general anesthesia, the procedure carries the very same dangers as other type of surgical treatment where basic anesthesia is utilized. Hidden medical conditions may increase these risks.
• Negative responses. Bruising, bleeding, and discomfort are all to be anticipated, however, in unusual cases can cause more considerable complications.
• The potential to get the weight back. After having liposuction done, it is critical to keep a healthy diet plan and workout effectively as advised by your physician. Failure to do so could lead to gaining back the weight that was lost or potentially even more.
Although there are threats associated with liposuction, for many people, the advantages far outweigh them. Inform yourself about the treatment by having in-depth discussions with your surgeon and think about how liposuction has the potential to affect you as a distinct individual. Only you and your cosmetic surgeon can figure out if liposuction will supply you with the outcomes you are looking for within your expectations.Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Jim Falls Wisconsin
Laser liposuction is a more recent, minimally intrusive treatment that includes heating the fat cells to melting point and removing the melted fat through a small cannula. The procedure is generally done right in your physician's office and is an outstanding alternative for individuals who have less than 500 ml of fat to eliminate from any one area. Laser liposuction can be a safe, complementary procedure to weight reduction in order to shape the body you've constantly wanted.
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If you're thinking about liposuction as a weight-loss option, it's important that you discuss your desires with a qualified plastic surgeon in your area. Your surgeon will perform a complete test and health history questionnaire to determine if liposuction can benefit you and assist you reach your physical and emotional objectives. Call today for an examination and find out more about how liposuction can assist you achieve the body of your dreams.

subset: commoncrawl


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YouTube HDR video: Everything you need to know about YouTube's latest featurePocket-lint
Google-owned YouTube now supports HDR (high dynamic range) content.
With HDR-compatible televisions bursting onto the market, and several other media companies (such as Netflix and Amazon) offering HDR content, many consumers are likely wondering what's going on with YouTube and how they can start watching funny cat clips in HDR.
Here's everything you need to know about YouTube's HDR plans, including what HDR means.
YouTube HDR: When will HDR be available on YouTube?
At CES 2016 in January, YuTube said it planned to support the latest innovation in video: HDR.
Robery Kyncl, the company's chief business officer, quietly revealed the news during on-stage discussion about 360-degree video experiences, which YouTube also supports. It took YouTube 9 months before it rolled out HDR for all.
On 7 November YouTube confirmed it officially supports HDR videos, which it said have "higher contrast, revealing precise, detailed shadows and stunning highlights with more clarity than ever... Simply put, HDR unlocks the most spectacular image quality we've ever streamed".
In other words, starting now, you can watch YouTube videos in HDR on supported devices.
YouTube HDR: What does HDR mean?
As we mentioned already, HDR stands for high dynamic range. The technology basically improves video image quality by expanding contrast ratio and colour palette. The result is a more realistic and natural image with richer colours, brighter whites, deeper blacks, and plenty of detail for dark, shadowy scenes. The format is informally considered the next step beyond HD TV.
There's a lot happening in HDR television right now, from streaming services, to gaming, to inclusion on the latest Ultra HD Blu-ray discs as well, so you'll have heard a lot about it.
Pocket-lint has an in-depth guide that details everything you need to know about HDR and the different standards available, including their technical specs.
YouTube HDR: What types of HDR content can you watch?
At launch, you'll be able to watch HDR content from YouTube creators who made their own HDR videos using HDR-capable cameras (just like you can do now with 4K videos and 360-degree videos from YouTube creators), and you may be able to rent HDR movies from YouTube, although the company has not confirmed whether this type of offering will be included with HDR support.
From a YouTube point of view, this is going to be very much about the creators and the type of content that they choose to create, but HDR is especially useful for things like sunsets, high contrast and high colour scenes.
YouTube HDR: Who can upload HDR videos to YouTube?
Any creator can upload HDR videos to YouTube.
To learn more about uploading HDR videos, go to Google's Support page. Google said it's been working with the "DaVinci Resolve team" to make uploading HDR just as simple as SDR videos.
YouTube HDR: How will you find HDR videos on YouTube?
Google said viewers can confirm HDR playback when a video is played if they see an "HDR" badge along with player controls. For the time being, Google is promoting this playlist of HDR videos made by YouTube creators who worked with Google ahead of time.
YouTube HDR: What do you need to watch HDR on YouTube?
You can only watch HDR on a HDR-compatible display. Vizio, Sony, Samsung, Panasonic, LG, TCL, Hisense, and every other TV manufacturer you can think of now sell HDR TV sets. Sony's new PS4 Pro and Google's new Chromecast Ultra can also output HDR video.
If you are using Chromecast Ultra, you'll be able to find the YouTube video on your phone and cast it, viewing in HDR and 4K, if supported in the video.
For those devices, you'll likely need an update to the YouTube player on that HDR-compatible device. YouTube has already confirmed that this is coming to Samsung's 2016 SUHD and UHD televisions, so if you happen to have one of those, you're likely to be the first in line to get support.
If you're using a device that doesn't support HDR, you will still see the video, but it will be a standard dynamic range (SDR) video.
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Home › Pet Owners and Animal Lovers › Dog › Accessories › Toys › Ancol › Ancol Slipper Toy
Ancol Slipper Toy
The Ancol Slipper Toy is a fun dog toy made from soft, plush fabric. This toy is ideal for chewing, shaking and tossing around, and includes stimulating and robust internal squeaker.
Ancol Slipper Toy features:
• Fun plush dog toy shaped like a fluffy slipper.
• Ideal for varied play including fetching games.
• Emits a squeak when squeezed.
• Size: 25cm (L).
• Colour: Blue, green or pink.
Groomers Expert Tips: Tired of losing your slippers to your dog? Buy them their own slipper to play with instead!
Please browse our full Dog Toys range.
We endeavour to have your order with you as soon as possible. Expected delivery times for orders despatched using our main postal services are as follows:
• Standard UK delivery: 2-3 working days.
• Express delivery: 1 - 2 working days if placed before 2pm (Monday – Friday).
• Standard EU delivery: 4 – 10 working days.
Groomers offer FREE DELIVERY on all UK orders that exceed £100 and contain light goods items.
• Orders over £100 LIGHT GOODS: Free, same day despatch (Monday - Friday).
• Orders over £100 HEAVY GOODS: Freight charges apply - typically £40 per pallet, 5 - 10 working days approx (Monday - Friday).
Heavy goods include most tables, baths and drying cabinets. Please see individual products for exact delivery charges, which are near the top of the page.
Delivery Charges Light Items (for mainland UK only - please contact us for destinations outside mainland UK)
• Up to 0.25Kg = £3.30
• Up to 0.5Kg = £3.65
• Up to 0.75Kg = £3.95
• Up to 1kg = £4.40
• Over 1Kg = £6.70
Express Delivery Light Items
• Up to 1Kg = £5.49
• Over 1Kg = £6.87
Scottish Highlands, Northern Ireland and offshore islands may be subject to a surcharge. Please check with one of our sales advisors, call 01635 581 958.
Please email us for an overseas shipping quote - firstname.lastname@example.com.
To find out more, please see our shipping and returns page.


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New Year's Eve Ball at the Hofburg Vienna 2016
The New Year's Eve Ball at the Hofburg Vienna on 31 December 2016 creates a spectacular start to the ball season and is held this year under the banner "The Rhythm of Vienna". Besides a rousing opening to the ball, visitors can look forward to a magnificent setting at midnight with the ringing of the Pummerin bell in St. Stephen's Cathedral, the traditional Blue Danube Waltz, a breathtaking view of the fireworks over Vienna and the popular dancing of the quadrille in the imperial state rooms of the world-famous Vienna Hofburg. Top-ranking artists from the Vienna State Opera and Volksoper Wien, numerous renowned orchestras and bands as well as captivating dance music from waltz to jazz underscore the high-quality New Year's Eve program in the former imperial winter residence.
Doors open for gala dinner guests at 6:30 p.m. (Grand Ticket with seat reservation, including four-course gala dinner, welcome cocktail, red/white wine, mineral water, a glass of champagne at midnight for EUR 480, 630 or 680), doors open for ball guests at 9:15 p.m. (Star Ticket with seat reservation, glass of sparkling wine and small snack from the buffet for EUR 215, 255, 325 or 385; Circle Ticket for admission and a glass of sparkling wine for EUR 155 per person, Student Ticket for admission and a glass of sparkling wine for EUR 70 per person).
Imperial Palace (Hofburg)Heldenplatz
1010 Wien
Tickets & Info
Kongresszentrum Hofburg
Current Dates
- Sat. 31 Dec 2016


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Thank you, Teri Lussier for sticking a tune in my head I can't shake. 🙂
Snobbery and Promotion
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This pink Juliana DeLizza and Elster bracelet features unusual rectangular, navette and round prong set pink "moonstones" at the base with raised prong set pink rhinestone floretes as accents. The rectangular stones measures 3/4" in length and have a wonderful glow to them. They dramatically off-set the brilliant pink rhinestones in their gold tone setting.
This five link bracelet is an exceptional piece of designer jewelry. It measures 7 3/4" in length and is approximately 1 1/4" wide at its widest point. It features the embossed Juliana fold over clasp with a safety chain. It is in excellent vintage condition.
Vintage Jewelry Toys, Books, Dolls and Much More
We carry a large selection of vintage dolls, toys, books, costume jewelry and much more


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Become a monthly donor and your first six gifts will be matched $1-for-$1! It truly is the best way to make a lasting impact!
The American people should not stand for having Scott Pruitt, a polluter lobbyist and climate change denier, in charge of keeping our air and water clean.Aidan Wakely Mulroney / CC BY-NC-ND 2.0
What does the 2016 election mean for the environment? An Earthjustice conversation on what lies ahead.Craig / CC NC-BY-ND 2.0
Earthjustice has been fighting for that right: in court, in Congress, and with you for more than 40 years.Kathryn Neugent / NREL
Oppose the proposal to re-open the coal mining loophole in the Colorado Roadless Rule. Re-opening the loophole will benefit a single company—and add million tons of climate pollution to our atmosphere.Ted Zukoski / Earthjustice
The Latest
December 9, 2016 | Press Release
Earthjustice Responde a Cathy McMorris Rodgers Como Posible Secretaria del Departamento del Interior
December 9, 2016 | Press Release
Earthjustice Responds to President-elect Trump's Rumored Pick to Head the Department of the Interior
December 7, 2016 | Press Release


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from £119 / night help Price for guests, Nights
Villa Kleovoulini – Home 4691546 Villa
- 3 bedrooms
- 6 sleeps
- 7 nights min stay
Villa Kleovoulini – Home 4691546
- Villa
- 3 bedrooms
- 6 sleeps
- 7 nights min stay
Villa / 3 bedrooms / 2 bathrooms / sleeps 6
Key Info
- Beach / lakeside relaxation
- Nearest beach 0 km
- Child friendly
- Car not necessary
- Air conditioning
- No pets allowed
- Private garden
Description from owner
Three bedroom traditional lindian villa with thick walls (thermal and sound proof) with one shared bathroom and one en suite shower room, kitchen fully equipped, a large balcony with sea and Acropolis of Lindos view. Near to the villa you can find in a distance of 20 to 80 meters bars, restaurants, mini markets, internet cafe and shops. The villa is located just 2 minutes walk from main square of Lindos. You can walk just 10 minutes and be on the main beach or the St Paul bay of Lindos. We provide also a folding table with chairs for outdoor use like a meal on the balcony or at the terrace. Kalypso restaurant which is just 1 minute from the villa can deliver you meal at the villa.
- Great for children of all ages
- No pets allowed
- Cot available
- High chair available
Bed & bathroom
- 1 Super King Beds, 4 Single Beds, 1 Cot available
- 1 Family bathroom, 1 En suite
- Wi-Fi available
- Air conditioning
- Private garden
- Balcony or terrace
- Sea view
- Bicycles available
- Internet access
- Fridge
- Freezer
- Kettle
- Washing machine
- High chair available
- DVD player
- Linen provided
- Towels provided
More Less
- Not suitable for wheelchair users
- Payment
- This rental can only be paid for online through Holiday Lettings using your credit/debit card or PayPal (never by bank or wire transfer).
- Smoking
- Yes, smoking allowed
- Cancellation policy
View Policy
About the owner
Effie Z
- Response rate:
- 95%
- Calendar updated::
- 10 Dec 2016
- Overall rating:
Languages spoken: English
This Villa has 3 bedrooms, 2 bathrooms and sleeps 6. It's been listed on Holiday Lettings since 10 Jul 2014. Located in Rhodes, it has 6 reviews with an overall rating of 5. The average weekly rate is £1068.
The Owner has a response rate of 95% and the property's calendar was last updated on 10 Dec 2016.
Map and how to get there
Guest reviews
– based on 6 reviews
6 reviews
- Excellent
- 6
- Very Good
- 0
- Average
- 0
- Poor
- 0
- Terrible
- 0
"Want to come back to!"
We stayed in this Villa for our wedding. We were impressed with the atmosphere and the handmade wall carvings. The owner was very helpful and was always on hand when we needed something. We enjoyed having our glass of wine on the upstairs veranda with the amazing view of the Acropolis. The Villa is literally in the heart of the village and has everything in very close proximity (post office, creperies, restaurants, super market, bars) Will definitely come back again as we were very impressed.
Thank you so much for your kind words!!! It is a pleasure for us to know that you had a good time in Villa Kleovoulini. Hope to see you again soon!!!
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Monday, 11/14/2016
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Tips and events 2016
Trend Topics 2016
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Health care in movement
Everywhere - medical technology for the world
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Topics of the Month 2015
December 2015: The brain
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Biohit and Tianjin Jingsheng Biological Technology Development Co. Ltd. to start co-operation
Biohit Oyj
Biohit and Tianjin Jingsheng Biological Technology Development Co. Ltd. to start co-operation
Biohit Oyj and Tianjin Jingsheng Biological Technology Development Co. Ltd have signed a distributor agreement for the distribution of the Biohit Calprotectin ELISA test in China.
Biohit Calprotectin test is a useful quick test for measuring calprotectin in a stool sample. The test is used to differentiate inflammatory bowel disease (IBD) from irritable bowel syndrome (IBS) as well as in monitoring of the treatment in IBD patients. Inflammatory bowel diseases are Crohn's disease and ulcerative colitis, diagnosed increasingly. Particularly ulcerative colitis is linked with an increased risk of colon cancer.
The test measures calprotectin released from the inflamed intestinal mucosa into faeces. Calprotectin is derived from the inflammatory cells, and its concentration in the faeces reflects the activity of the inflammation and the efficacy of the treatment in IBD patients. In patients with IBS, this test is usually negative.
General Director Zeng Zhao Hong, Tianjin Jingsheng Biological Technology Development Co. Ltd.: 'In China there seems to be differences in prevalence of IBD between rural and urban population. The disease is increasing particularly among young people. Fecal calprotectin is an emerging biomarker of gut inflammation. Biohit Calprotectin test differentiates reliably IBD and IBS and reduces significantly the need of colonoscopies.'
CEO Semi Korpela, Biohit Oyj: 'We are starting a co-operation with Tianjin Jingsheng Biological Technology Development Co. Ltd in the large Chinese market. We have started the registration in China required to obtain the marketing authorisation for the product.'
Additional information:
CEO Semi Korpela, Biohit Oyj
tel. +358 9 773 861
Biohit in brief
Biohit Oyj is a globally operating Finnish biotechnology company. Biohit mission is "Innovating for Health" – we produce innovative products and services to promote research and early diagnosis. Biohit is headquartered in Helsinki, Finland, and has subsidiaries in Italy and the UK. Biohit Series B share (BIOBV) is quoted on NASDAQ OMX Helsinki in the Small cap/Healthcare group. www.biohithealthcare.com
Tianjin Jingsheng Biological Technology Development Co. Ltd in brief
Tianjin Jingsheng Biological Technology Development Co. Ltd. (TJJS) is a globally operating immunoassay and molecular biology company. TJJS is located in China. For over 20 years, TJJS has continuously marketed immunoassay kits, biochemical reagents, PCR products, cytopathological test reagents and instruments. TJJS offers professional and timely after-sales service. The customers of TJJS can be found all over Asia. www.jsbiotech.com
Exhibitor Data Sheet


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New York Supreme and/or Appellate Courts Appellate Division, First Department
October 2, 2012
OSVALDO MENDOZA,PLAINTIFF-APPELLANT,v.VELASTATE CORP.,DEFENDANT-RESPONDENT. VELASTATE CORP.,THIRD-PARTY PLAINTIFF-RESPONDENT,THRIFT LAND USA OF YONKERS INC.,THIRD-PARTY DEFENDANT-RESPONDENT.
Decided on October 2, 2012
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Andrias, J.P., Friedman, Acosta, Freedman, Richter, JJ.
Order, Supreme Court, Bronx County (Robert E. Torres, J.), entered August 10, 2011, which granted defendant's cross motion for summary judgment dismissing the complaint and denied plaintiff's motion for summary judgment as to liability on his Labor Law § 240(1) claim, unanimously modified, on the law, to deny the cross motion, and otherwise affirmed, without costs.
Plaintiff was injured while engaged in his duties as an employee of third-party defendant Thrift Land USA of Yonkers, Inc. (Thrift), which operates a warehouse on property leased from defendant/third-party plaintiff Velastate Corp. Plaintiff moved for summary judgment as to liability on his claim under Labor Law § 240(1), and Velastate cross-moved for summary judgment dismissing the complaint on the ground that it was an alter ego of plaintiff's employer (Thrift) and, as such, immune from being sued by plaintiff under Worker's Compensation Law §§ 11 and 29(6) (see Shine v Duncan Petroleum Transp., 60 NY2d 22, 28 [1983] [Cooke, Ch. J., concurring]). Supreme Court denied plaintiff's motion and granted Velastate's cross motion, and plaintiff has appealed.
The cross motion should have been denied. In this action, Velastate is asserting a third-party claim for indemnity and contribution against Thrift. The pendency of a claim asserted in litigation by one corporation against the other suggests, on its face, that the entities have at least some adverse interests and, in the absence of any explanation, it is impossible to conclude as a matter of law that Velastate and Thrift, however they may be related, "function[] as one company" and "share . . . a common purpose" (Carty v East 175th St. Hous. Dev. Fund Corp., 83 AD3d 529 [1st Dept 2011]) to such an extent that they should be considered alter egos.
Since it cannot be determined at this juncture whether Velastate is entitled to immunity under the Worker's Compensation Law, plaintiff's motion for summary judgment as to liability on his Labor Law § 240(1) claim must be addressed on the merits. We find that the record raises issues of fact as to whether plaintiff was the sole proximate cause of his injuries. Specifically, the affidavits and depositions in the record give conflicting accounts of whether plaintiff freely chose the equipment he was using for his work when he was injured, used the equipment with his manager's knowledge and tacit approval, or was directed to use the equipment by his manager. Accordingly, we affirm the denial of plaintiff's summary judgment motion.
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Yellowknife's (NT) Northlands Trailer Park (condo) owners to start paying back sewer loan
The final phase of the water and sewer saga at Yellowknife's Northlands Trailer Park is about to begin as residents start paying back the city the cost of repairs Feb. 1. The owners of the 258 properties in Yellowknife Condo Corporation No. 8 will pay the city $283.27 a month through a local improvement charge (LIC) to pay back the $15.7 million the city borrowed to replace the trailer park's crumbling water and sewer system, plus 3.3 per cent interest. Read the article………….
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- Windows Products
- Mobile Data TransferTry
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One management tool for all smartphones to transfer files between PC & iOS/Android devices.
Facing iTunes Error 29 when using iPhone, iPod, iPad and looking for a solution to fix it like me ? As an iOS users, iTunes error 29 really makes us feel fret, because any hardware changes to the phone returns "error 29" would make the phone non-functional.
Let's go through following article to learn the reason why we got the error 29 message in iTunes and how to fix this iTunes error 29.
1. Just wondering have you changed the iPhone, iPad, iPod battery recently? If yes, this can be resulted in iTunes error 29. Now, you need to replace the battery with the original piece and begin the restore/update process all over again to fix this iTunes error 29 issue..
2. If your antivirus is not upgraded, various errors may occur, the error 29 is one of them. If you have updated it, and the error is still there, simply disable the software completely, and try to update or restore your device.
3. Shut down the program, restart your computer and then turn on iTunes again.
4. Older versions of computer operating systems are incapable of handling the latest software updates. To avoid this iTunes 29 trouble, update your Windows or OS X to the latest version.
5 . If If you have tried out above solutions, but still can not get this error 29 fixed, factory resettings would work like a charm. Since factory reset erases all content and settings from an iPhone. After that, go to Settings > General > Reset and approve.
Learn more about how to factory reset iPhone (any generation)
iTunes could be a little bit irritated when backup and restoring iPhone, iPad, iPod data. Fortunately, there is an third-party tool Syncios Mobile Phone Manager that makes iphone backup and restore much easier, which lets you transfer music, videos, photos, contacts, messages, apps, etc between iPhone/iPad/iPod and computer within one click. With Syncios, you can backup & restore everything on your iPhone easily whenever you need, manage iTunes library, playlist, make ringtone, download Youtube video to iOS devices freely.
Fix iTunes Error 29 ?


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Tag: cookbook reviews, cookbooks, gluten free cooking, gluten-free recipes, Hannah George, healhty cookbooks, healthy cooking, Lisa George, Meghan Telpner, Undiet Cookbook, Undiet Cookbook 130 Gluten-free recipes for a Healthy and Awesome Life
The UnDiet Cookbook: 130 Gluten-Free Recipes for a Healthy and Awesome Life
Lisa GeorgeJul 01, 2016
UnDiet may be the nutritional answer to get you into shape for summer.
30-Minute Paleo Meals: Fast, Tasty, Healthy
Lisa GeorgeJun 13, 2016
Try this tasty, healthy Paleo cookbook.
The 100% Natural Foods Cookbook
Lisa GeorgeApr 04, 2016
Just starting healthy eating? This book's for you.
Giving Cookbooks with a Pacific Northwest flair
Sue FrauseDec 19, 2015
Cookbooks from the Pacific Northwest worth giving.
Blackberries, Dandelions & Dungeness Crab Cookbook: Regional People and Food
Bobbie Hasselbring, RFT EditorFeb 27, 2015
Check out this wonderful, regional cookbook.
Gluten-free Apple Crisp Recipe
Bobbie Hasselbring, RFT EditorOct 01, 2014
Award-winning baker shares her gluten-free apple crisp recipe.
Dishing Up Oregon: Farm-to-Table Deliciousness
Bobbie Hasselbring, RFT EditorJun 02, 2014
Get a taste of Oregon's deliciousness with this book.
750 Best Appetizers: From Dips & Salads to Spreads & Shooters
Bobbie Hasselbring, RFT EditorJan 12, 2012
750 Best Appetizers: From Dips & Salads to Spreads & Shooters is an exhaustive and delicious exploration of appetizers/small plates.
The Lighthouse Breakfast Cookbook: Wake Up to It
Bobbie Hasselbring, RFT EditorOct 19, 2011
At many inns and bed and breakfasts, the morning meal is little more than a selection of cereals and pastries. Not at Heceta Head...
Small-Batch Baking for Chocolate Lovers
Bobbie Hasselbring, RFT EditorAug 26, 2011
Most of us love chocolate. However, for those of us who live alone or in smaller households, who needs three dozen chocolate cookies?


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Revised formulas to estimate diffraction effects in radiometry for point and extended sources are derived. They are found to work as well as or better than previous formulas. In some instances the formulas can be written in closed form; otherwise their evaluation entails performing simple integrations as indicated. Formulas have been found for nonlimiting apertures, large defining apertures, and pinhole apertures. Examples of all three types of application are presented.
© 1998 Optical Society of AmericaFull Article | PDF Article
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I started playing League of Legends because my friend showed me and made me love this awesome game! This game has so much great points, but I think the best one is because it is really FREE! That makes everyone want to continue playing, as for champions we have always new champions and now we will get the new mode Dominion! It makes me very happy that a game don't stop making updates to players for free, and another thing I like on the game is that this game is Team Based, ONE player can't win a game, all the team needs to help to achieve a victory!
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My favorite champion has one of the funniest dance, and think that everyone should be on a museum, yeah it is EZREAL, I like this champion because he got lots of reference of animes(which I lo…


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Check in from 14h / Check out prior to 12h
Hotel Due Mondi: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Turin, Italy.
Conveniently located in the heart of the city, this 3-star hotel makes for an excellent base in Turin. Surrounded by local bars and restaurants, it is under 10-minutes' walk from Torino Porta Nuova Railway Station.
Hotel description
The rooms at Hotel Due Mondi are comfortable with facilities such as an en suite.
Due Mondi's restaurant is available for breakfast, lunch and dinner, providing guests with a pleasant dining experience near their room. A refreshing beverage can be enjoyed in the on-site bar.
Due Mondi Hotel is close to Turin's famous attractions, with Susa Valley and the Museo Egizio just a 10-minute stroll away. It is also minutes from the Piemonte Wine Region.
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The U.S Labor Department has announced a Notice of Proposed Rulemaking (NPRM) proposing revisions to the regulations implementing the FMLA.
Furthermore, the National Defense Authorization Act for FY 2008 amended the FMLA to provide leave for eligible employees to care for injured service members and to deal with any "qualifying exigency" arising out of the fact that a covered family member is on active duty or has been notified of an impending call to active duty.
Some of the changes became effective on passage—that is, on Jan. 28, 2008. Employees now can take FMLA leave to care for a covered service member. However, other provisions providing for FMLA leave due to a qualifying exigency relating to a family member's call to active duty will not be effective until the Labor Secretary issues regulations defining "qualifying exigencies."
The NPRM includes a description of the relevant family military leave provisio...(register to read more)
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For readers of Between Shades of Gray and All the Light We Cannot See, bestselling author Ruta Sepetys returns to WWII in this epic novel that shines a light on one of the war's most devastating—yet unknown—tragedies.
World War II is drawing to a close in East Prussia and thousands of refugees are on a desperate trek toward freedom, many with something to hide. Among them are Joana, Emilia, and Florian, whose paths converge en route to the ship that promises salvation, the Wilhelm Gustloff. Forced by circumstance to unite, the three find their strength, courage, and trust in each other tested with each step closer to safety...


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Thomas, born in April 2016 is a beautiful short blue-grey boy with white knee socks and belly (which he loves rubbed). Vocal, friendly, playful. He eats like a bulldozer and loves the catnip. He plays easily with everyone, and doesn't use his claws with humans. Super sweet. Stretches out in sunspots. Is comfortable with other cats and dogs who ignore him. Thomas is a lovely boy who is looking for his human soulmate.TO LEARN MORE ABOUT HIM, PLEASE CONTACT HIS FOSTER MOM, HOPE, AT 913-702-7222 OR email@example.com.
We encourage you to file an on line application for this or any of our pets by clicking HERE. Please include the name of the cat(s) or kitten(s). Stop by anytime when we're open. Please visit our web site by clicking www.animal-aid.com to see the hours for our Adoption Center located at 571 NE44th St. (NW corner of Prospect (44th and 6th) in Oakland Park, FL 33334 and our pets available for adoption. Many of our cats are shown 7 days a week at the Petsmart on Sunrise in Plantation and the Petco at 8111 West Broward Blvd. in Plantation. The donation we are requesting is $75 and includes our medical program; all vaccines, rabies vaccine, fecal exam, de-worming, blood test for AIDS and Leukemia, spay or neuter, first month Advantage (flea treatment) plus a coupon for Science Diet food.


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The National Family Caregivers Association educates, supports, empowers and speaks up for the more than 65 million Americans who care for loved ones with a chronic illness or disability or the frailties of old age. NFCA reaches across the boundaries of diagnoses, relationships and life stages to help transform family caregivers' lives by removing barriers to health and well being.
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|Dress: £250, Boden Icons. Heels: £109, Boden. Photographs: Christopher O'Donnell
|Dress: Boden Icons. Heels: £109, Boden.
|Dress: £250, Boden Icons
|Top: £19.60, Boden. Skirt: Boden Icons. Heels: £119, Boden
I think this is what has been missing from my wardrobe. The front split borders on risque, but on the right side of chic still, whilst the pockets bring it back to a more casual feel - which obviously, I adore.
I'll probably take this to Nerja with me in the summer and wear with a black vest and lace-up gladiator sandals, and think it'll look fab with an oversized knit come autumn.
|Top: £19.60, Boden. Skirt: Boden Icons. Heels: £119, Boden


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It seems the quarterback controversy is finally over in Dallas. But Cowboys owner Jerry Jones is taking plenty of heat for how it was settled, telling Dak Prescott that he'll be starting Tony Romo in a text message.
"It's his team, he can start who he wants. But at least call me," Prescott vented to his teammates. "And the text was such bullshit. I'm not looking for a mobile quarterback right now? What exactly are you looking for? Injury-prone chokers?"
"It's just not cool," said right tackle Doug Free. "He started him for five weeks! And it was going SO well. You're past a text at that point."
Jones remained defensive about the ordeal when questioned about it at a recent press conference.
"Why'd I do it in a text? I dunno, telling a quarterback you're benching him is awkward," explained Jones. "I didn't think it was a big deal. It's not like I ever made him the permanent starter. He was just filling in while Tony was out."
The room of reporters gasped in disgust.
"Typical," Prescott replied. "Fucking typical."


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You keep quoting this single verse from Leviticus. Is that the only verse? Do you follow all of the other verses? Not Yet Equal has listed some of those other verses found in your precious bible (post 2714, and others, thanks to him) so be sure you are right with those verses before you expect anyone else to take you seriously.<quoted text>
Jesus replied, "All who love me will do what I say. My Father will love them, and we will come and make our home with each of them.
<< Leviticus 18:22 >>
'Do not lie with a man as one lies with a woman; that is detestable.
New Living Translation (©2007)
"Do not practice homosexuality, having sex with another man as with a woman. It is a detestable sin.
English Standard Version (©2001)
You shall not lie with a male as with a woman; it is an abomination.
New American Standard Bible (©1995)
'You shall not lie with a male as one lies with a female; it is an abomination.
King James Bible (Cambridge Ed.)
Thou shalt not lie with mankind, as with womankind: it is abomination.
GOD'S WORD® Translation (©1995)
Never have sexual intercourse with a man as with a woman. It is disgusting.
King James 2000 Bible (©2003)
You shall not lie with a man, as with a woman: it is abomination.
American King James Version
For me, since there is no Leviticus in my religious texts, I guess none of those apply to me.
PS: Why aren't you in church? Isn't this some type of holy day?


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decided: May 31, 1968.
UNITED STATES OF AMERICA,v.RICHARD ANTHONY WEBBER AND ROBERT J. DUHADAWAY, TRADING AS R. & R. ENGINEERING COMPANY, AND R. & R. ENGINEERING COMPANY, A CORPORATION OF THE STATE OF DELAWARE. ROBERT J. DUHADAWAY, APPELLANT IN NO. 16,816. RICHARD ANTHONY WEBBER AND R. & R. ENGINEERING COMPANY, APPELLANTS IN NO. 16,873
Hastie, Chief Judge, and Freedman and Van Dusen, Circuit Judges. Freedman, Circuit Judge (concurring in part and dissenting in part).
VAN DUSEN, Circuit Judge.
This case is before the court on appeal from a District Court order entering judgment for plaintiff after hearing argument on cross-motions of the parties for summary judgment. 270 F. Supp. 286. The United States sued the appellants, Richard Anthony Webber (Webber) and Robert J. DuHadaway (DuHadaway), trading as R. & R. Engineering Company, and R. & R. Engineering Company, a Delaware corporation (R. & R. corporation) for breach of warranty. The Government brought suit as the assignee of a general contractor of the United States Atomic Energy Commission, Swinerton & Walbert Co. (Swinerton). Swinerton had performed its general contract for the A.E.C. prior to the assignment.*fn1 Swinerton entered into a sub-contract or contracts with the appellants, the first of which was allegedly with the individuals Webber and DuHadaway, trading as a partnership, R. & R. Engineering Company (R. & R. partnership).*fn2
The Government sought recovery for the appellants' breach of their warranty that "no person or selling agency has been retained to solicit or secure this Order upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, * * *."
The District Court granted summary judgment for the Government for $20,411.68 plus interest,*fn3 after reaching the necessary conclusion that no question of fact existed. Taylor v. Rederi A/S Volo, 374 F.2d 545, 549 (3rd Cir. 1967); Robin Construction Company v. United States, 345 F.2d 610, 614-615 (3rd Cir. 1965). In reaching this conclusion under F.R.Civ.P. 56, the District Court considered part of the record of the previous litigation in Browne v. R. & R. Engineering Co.,*fn4 164 F. Supp. 315 (D.Del.1958), reversed in part 264 F.2d 219 (3rd Cir. 1959), decision on remand unreported, C.A. No. 1873 (D.Del. July 21, 1959). Explicitly not relying on a theory of collateral estoppel, the judge below considered the several opinions in Browne, and what he described as the "facts" of record in that litigation which he found uncontroverted by the appellants' mere denial in their pleadings.*fn5 Appellants filed no other documents except some interrogatories and a motion to compel further answers to such interrogatories.
Browne v. R. & R. Engineering Co. involved a suit against R. & R. corporation by Edmund V. Browne to recover compensation for services rendered. No written contract or specific oral agreement for a fixed amount was proved, but, as we held in our decision at 264 F.2d 219, Browne was nonetheless entitled to recover for his services in quantum meruit. Part of the services, however, were "rendered pursuant to an agreement" for a contingent fee to be paid for "securing" a Government contract from Swinerton. As such payment for his services violated public policy as promulgated in an Executive Order*fn6 providing:
"Every contract * * * shall contain a warranty by the contractor * * * that no person * * * has been employed or retained to solicit or secure * * * [the] contract upon an agreement or understanding for a * * * contingent fee * * *." [Emphasis supplied.]
R. & R. corporation could therefore resist payment for that portion of Browne's services that represented such prohibited activity -- placing R. & R. on a list of those invited to bid. On remand, the District Court found that Browne had already recovered for that portion of his services (engineering and other labor) which did not involve "securing" the Swinerton contract for a contingent fee. In his decision in that case, the trial judge computed the amount of the contingent fee by using a percentage of 7 1/2% of the total contract awarded. No appeal was taken from this decision.
The appellants challenge the summary judgment entered against them on a great many theories. Restated, their two main arguments are, first, that the prior litigation in Browne v. R. & R. Engineering Co. did not prove the existence of any contingent fee contract that violates the above-quoted warranty and even if Browne does show such a contingent fee agreement, the Browne litigation has no effect upon the partnership or individual appellants who were not formal parties to the previous suit; and, second, that even if Browne does show a contingent fee that may be a breach of warranty, the District Court cannot take judicial notice of the record in the Browne litigation for use against the appellants under F.R.Civ.P. 56.
At the outset, the previous decisions in Browne, particularly our decision at 264 F.2d 219, make clear that a finding was made and approved that the plaintiff Browne rendered services pursuant to an agreement or understanding that he would be paid "contingent" compensation. Neither the warranty sued upon nor the governing Executive Order required a contingent fee "contract." Rather, the more general words of "agreement or understanding" (identical in both the Executive Order and the warranty) constitute the basis of liability, if any, in this case.*fn7 The appellants' contention that there is no contingent fee arrangement in violation of the warranty must be rejected.
This finding of "an agreement for a contingent fee" cannot now be denied by R. & R. corporation. R. & R. corporation is collaterally estopped by the Browne litigation from raising any factual question as to the existence of the contingent fee arrangement. It successfully defended against part of Browne's claim by establishing as an affirmative defense that Browne's "claim was in substance a claim for a contingent fee payable on obtaining a government contract and, therefore, illegal." 264 F.2d at 221. Under this Circuit's view of the doctrine of mutuality, Bruszewski v. United States, 181 F.2d 419 (3rd Cir.), cert. den. 340 U.S. 865, 71 S. Ct. 87, 95 L. Ed. 632 (1950); cf. Nickerson v. Kutschera, 390 F.2d 812 (3rd Cir., 3/6/68), it makes no difference that the Government was not a party in the prior litigation. R. & R. corporation is bound by the prior determination that Browne "secured" the Swinerton contract under an agreement or understanding for a contingent fee as those terms were used in the warranty required in all contracts by Executive Order. Even though the Browne opinions were not formally introduced in the present suit, we see no reason why a court is confined to an examination of the judgment in ruling on a question of collateral estoppel, particularly under a F.R.Civ.P. 56 motion. See 1B Moore's Federal Practice, para. 0.443[4] (1965). Moreover, R. & R. corporation, having avoided payment of a considerable contractual liability by proving the existence of a contingent fee arrangement, cannot here be allowed to prevail on an inconsistent position. Scarano v. Central R. Co. of New Jersey, 203 F.2d 510 (3rd Cir. 1953); 1B Moore's Federal Practice, para. 10.405[8], cf. para. 0.405[10] (1965).
The individual appellants were not formal parties in the prior suit and appeared only as witnesses. As nonparties, they will be collaterally estopped from denying the once-proved contingent fee agreement only if they were "privies" to R. & R. corporation, party-defendant in the Browne litigation. See, e.g., 1B Moore's Federal Practice, para. 0.441[3] (1965). As Judge Goodrich wrote, concurring in Bruszewski v. United States, supra, 181 F.2d at 423:
"Privity states no reason for including or excluding one from the estoppel of a judgment. It is merely a word used to say that the relationship between the one who is a party on the record and another is close enough to include that other within the res judicata."
Determining whether appellants Webber and DuHadaway were "privies" to the corporate defendant in the prior suit, however, requires an examination of the records both in the prior litigation and this suit.
In circumstances similar to the present case, whether the individuals exercised sufficient control over or had the requisite interest in the Browne litigation*fn8 is primarily a question of fact.*fn9 It appears to us that in the present posture of this case the determination of privity as a matter of "fact" can be made in either of two ways: (1) the Browne decisions can be examined, as they would be examined in considering any question of res judicata or collateral estoppel, for a clear showing that the decision in that case rests on a factual determination that Webber and DuHadaway have a connection to R. & R. corporation or the Browne litigation that makes them "privies"; or (2) the court can take judicial notice under F.R.Civ.P. 56(c) of the documents and other material of record in Browne*fn10 and can find that privity exists if there is no doubt of the facts on that prior record and also no dispute has been raised as to those facts by material filed in this case.
In practice, the first route will establish "privity" if the factual determinations needed in the case at bar were also necessarily resolved in reaching the decision in Browne v. R. & R. Engineering Co. After careful review of the earlier opinions, we are convinced that the "privity" of Webber and DuHadaway is established in the decisions in that case.
The District Court's factual recitation makes clear that various actions of the partners, in particular Webber, controlled the legal liability of R. & R. corporation in the Browne litigation. Webber refused to enter the requested "binding agreement" with Browne, Webber refused to enter a fair agreement, Webber told Browne to submit a bill, Webber refused to pay, and Webber sent a lower amount. Most of these activities, ascribed to Webber, took place after the April 23, 1956, incorporation of R. & R. partnership, with Webber clearly regarded as controlling agent of R. & R. corporation. It is noted, in further support of this control, that "Webber and DuHadaway," not the "R. & R. corporation," doubled their own salaries and caused themselves to be paid large bonuses. Furthermore, we do not regard it as mere careless opinion writing that, when referring to the successful defense of a contingent fee "violating an Executive Order," the District Judge wrote:
"The defense of illegality was not raised in either the defendants' original or amended answers," 164 F. Supp. at 317 [Emphasis added.]
and then continued to refer to plural " defendants " in the next two sentences. Doubt about this clear indication that the partners in fact controlled the litigation is dispelled by footnote 7, 164 F. Supp. at 319:
"* * * Defendants, originally happy enough to have plaintiff's sources of information, advice and energetic assistance, have now cast him aside based upon the tardily discovered defense of breach of public policy, a violation of which * * * they participated in as much as he."*fn11
Accordingly, we think that the peculiar nature of the Browne litigation (suit, for services rendered, brought against a successor corporation for an obligation owed initially and primarily by a partnership) and the determinations necessarily made under the theory of decision in that case (recovery allowed in quantum meruit for benefit received, except for those illegal services performed under an agreement with the partnership for a contingent fee) show that the individual appellants in the present appeal were "privies" to a formal party in the prior litigation, R. & R. corporation, by dint of their control over and interest in the earlier litigation.
The second conceptual route for making a determination of "privity" leads to the same conclusion.*fn12 As we noted above, we think our decision in United States v. City of Philadelphia, 140 F.2d 406 (3rd Cir. 1944), established the correct and salutary ground rule that under F.R.Civ.P. 56(c) a court may take judicial notice of affidavits, properly proved agreements, depositions, sworn testimony, and similar material of public record in a court's own public records. Such material does not differ in type from the material a court can consider when formally filed in a case at bar, and under the record in this case no infirmity should attach because, rather than being formally filed, the material comes before the court via judicial notice. The individual appellants had clear notice from the amended complaint that the Government intended to rely upon parts of the record in the Browne case, including sworn testimony of the appellants themselves. Furthermore, the District Court's order of December 19, 1966 (dealing with appellant DuHadaway's motion to compel further answers to certain interrogatories) gave appellants ample notice that the parts of the Browne record that related to the findings in the several Browne opinions might later be considered by the court. Despite this warning, the appellants filed no material, neither affidavits nor any other documents or papers, that contested any portions of the Browne record. They were content to rely on their pleadings.*fn13
An examination of completely uncontradicted sworn testimony on the Browne record shows that R. & R. partnership had only two partners, each of whom owned half the partnership. After incorporation, the same two partners owned 51% of the stock of R. & R. corporation and relatives of one, appellant Webber, owned the other 49%. The Government argued in a brief to the District Court in the case at bar that appellants Webber and DuHadaway were privies to the prior Browne suit. The appellants were on notice that the prior record might be used to support this argument as we think it does.*fn14 Accordingly, even if the question of privity demands a "factual" determination in the case at bar, no controversy over that fact is presented by the record properly before the court.*fn15 Appellants Webber and DuHadaway, trading as R. & R. partnership, are privies to the judgment in Browne v. R. & R. Engineering Co. under the doctrine of collateral estoppel.*fn16
As we outlined above, the judgment in Browne estops R. & R. corporation from denying the existence of a contingent fee agreement which violates the terms of the warranty sued upon in the present case. The individual appellants, particularly DuHadaway, argue that even if this is true, the prior decisions nowhere find that the individuals or partnership entered into any contract. R. & R. corporation, therefore, may be in breach of its warranty, but the individuals are not.
This argument we find without merit. Whether the question is the partners' entering the contract with Swinerton (and thus making the warranty) or the partners entering into an "agreement or understanding" (not a contract) with Browne (and thus violating their warranty), the theory of decision in the Browne litigation and the explicit findings relied upon in the opinions in that case make clear that both the District Court and this court found the partners made the prohibited contingent fee agreement, and also found that the partners made the warranty to Swinerton.*fn17 Both determinations are manifest from a review of the necessary chronology of the facts in the Browne decision, which places both the agreement or understanding with Browne and the award of the first contract prior to the incorporation of R. & R. corporation.*fn18 Since the recovery was found to be in quantum meruit if at all, and since the entity performing the contracts had become the R. & R. corporation at the time of suit, there was no need at the time of final decision to separate distinctly partnership from corporate "benefits received" in measuring the quantum meruit recovery.*fn19 But the sequence of events showing that the original Swinerton contract was entered into before R. & R. was incorporated, and that the contingent fee arrangement of the partners was not honored after the contract was awarded, was necessary to explain how the alleged oral contingent fee arrangement arose, why it was never formalized, why Browne was suing, why any recovery had to be in quantum meruit, and what additional services in subsequent formation of the corporation he rendered. The defense that part of the quantum meruit recovery violated the Executive Order as a contingent fee necessarily demanded a finding that Browne and the partners reached an agreement concerning a contingent fee, and that, contrary to his justified expectations (mere volunteers cannot recover in quantum meruit), Browne was not paid for his services by a share in the partnership*fn20 or in the new R. & R. corporation formed "immediately * * * in order to perform the contract" awarded to the partnership.*fn21
For the reasons above, we find the appellants collaterally estopped by the decision in Browne v. R. & R. Engineering Co. from denying the factual determination made there which establishes in the case at bar their breach of warranty. The appellants defended the prior suit by proving exactly what they seek here to disprove by another trial. The mere allegations of their complaint, unsupported by any other material, is all that suggests a second hearing of their once-given sworn testimony would produce a different outcome. We note that the doctrine of collateral estoppel, particularly in binding privies, should be used carefully to prevent facts once litigated for a unique purpose from subsequently being used to work injustice when the context changes. But the lengthy discussion above demonstrates how, on a record such as that in this case, the doctrine accomplishes the equally important and equitable goals of encouraging judicial finality and preventing expensive and time-consuming relitigation of controversies by parties who have already had their full and fair "day in court." On this record, the present appellants clearly fall in such a category.*fn22
Appellants' many additional arguments we likewise find without merit. The assignment here is effective and was properly before the District Court in the certified copies of the assignment attached as Exhibit C to the Government's complaint [28 U.S.C. § 1733; 31 U.S.C. §§ 46 & 52(e); F.R.Civ.P. 44(a) and (c)]. Furthermore, regardless of the law of Delaware that may apply to contract warranties, the warranty in the Swinterton contract was required by Executive Order*fn23 and suits of this nature, for breach of the warranty required by federal policy, are controlled by federal law, Mitchell v. Flintkote Co., 185 F.2d 1008, 1011 (2nd Cir. 1951). Accordingly, we reject the contention that the Government has no cause of action in this case or is not a proper party to suit for recovery of the prohibited fees.*fn24 Also, we reject the argument that the terms of the contract limit the Government's remedies for breach of warranty.*fn25 Rather we agree with the Fifth Circuit's analysis of this same warranty in United States v. Paddock, 178 F.2d 394, 396 ff. (5th Cir. 1949), and their conclusion that the language does not clearly evince the intent to create exclusive remedies. Paddock was a subcontractor like the appellants at bar. The District Court's measurement of damages by the amount of the illegal contingent fee is perfectly proper. J. D. Streett & Co. v. United States, 256 F.2d 557 (8th Cir. 1958).
The judgment of the District Court will be affirmed.
Chief Judge HASTIE concurs in the result.
FREEDMAN, Circuit Judge (concurring in part and dissenting in part).
I agree with the affirmance of the judgment as to the corporation, whose liability I think is clear.
For this purpose, I accept the extension of Bruszewski v. United States, 181 F.2d 419 (3 Cir.), cert. denied, 340 U.S. 865, 71 S. Ct. 87, 95 L. Ed. 632 (1950) to permit the United States which was a stranger to the Browne case to obtain the affirmative advantage of the decision there by invoking collateral estoppel.*fn1 I am satisfied, therefore, that the United States as a stranger to the Browne proceeding may enjoy collateral estoppel against the corporation which had successfully defended Browne's claim on the ground that its contract was an invalid contingent fee arrangement.
It seems to me, however, that the same result does not follow against the individual defendants. They were not the parties in the Browne case and we should not now invoke collateral estoppel against them on the basis of privity by independently searching the record in the Browne case. The district judge avowedly disclaimed reliance on collateral estoppel and since the question of privity is a factual one which he did not decide and was neither raised nor decided in the Browne case, I think it is undesirable for us on appeal to run the Browne record through our own sieve and screen out findings on which to rest a fresh factual conclusion.
Thus it is that although I agree that there are circumstances in which a trial court's judgment may be affirmed for reasons other than those upon which it has relied, I think the parties and the trial court should be given an opportunity to explore the factual circumstances and to reach trial findings rather than have us now construct them.
I therefore dissent from the affirmance of the judgments against Webber and DuHadaway.
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Will you make versions of HP wikia in other languages? —The preceding unsigned comment was added by AidanLynch (talk • contribs).
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Definition of horseweed
1 : a common annual American composite herb (Conyza canadensis syn. Erigeron canadensis) with an erect usually hairy stem and small discoid heads of yellow disk flowers
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Hey there urban/multicultural consumer! It's the holidays, so when considering what to buy your man/bro/father (if you are a woman) or yourself (if you are a man) – think Movado watches. Why? Because they've got this snazzy new spot out with a hit r&b/hip-hop track that just makes us move to the beat! And because they know that we *love* to dance and flaunt our ice, this new Movado BOLD collection is just for you!
Ok, snarkiness aside, some recent house guests and I found ourselves head-nodding to this new spot created by TAG for Movado watches recently (see below) which sparked a conversation on the now normalcy of hip-hop culture in luxury advertising. While none of us were inspired to go and buy the product, it was intriguing to see a departure in this particular category of luxury goods, as most timepiece retailers tend to stay pretty "Madison Avenue" with their creative.
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The cross pollination of culture is the key to the evolution of any society, so while I'm not surprised at the spot I can't helped but be amused at the disconnect that the commercial highlights. With price points starting at $300-$500 it's clearly not a high-end offering on the scale of luxury watches, but priced for the newer/younger luxury consumer. So will Movado going "hip-hop lite" work? Thoughts ladies?
ps. Congratulations to Sergi Q!
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