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decided: October 12, 1979.
CHARLES G. RODMAN, TRUSTEE OF THE ESTATE OF W. T. GRANT COMPANY, BANKRUPT, PLAINTIFF-APPELLANT,v.THE GRANT FOUNDATION, THE CONNECTICUT BANK AND TRUST COMPANY, INDIVIDUALLY AND AS TRUSTEE OF TRUSTS ESTABLISHED IN DECEMBER 1942 AND MAY 1956 FOR THE BENEFIT OF HELEN GRANT BIDDLE ALLCHIN, EDWARD STALEY, RICHARD W. MAYER, JOHN G. BYLER, RAYMOND H. FOGLER, JOHN C. CURTIN, HARRY E. PIERSON, A. RICHARD BUTLER, JOHN J. LAPLANTE, JOSEPH A. LIVOLSI, LOUIS C. LUSTENBERGER, JAMES G. KENDRICK, JOSEPH W. CHINN, JR., JOHN D. GRAY, JOSEPH HINSEY, DEWITT PETERKIN, JR., CHARLES F. PHILLIPS, AND ASA T. SPAULDING, DEFENDANTS-APPELLEES .
Appeal from a summary judgment of the United States District Court for the Southern District of New York, Pollack, J., which rejected claims of the trustee in bankruptcy of the W. T. Grant Company alleging federal securities law violations and seeking rescission of certain purchases of stock or, in the alternative, damages representing the purchase price. Affirmed.
Before Smith, Oakes and Van Graafeiland, Circuit Judges.
This lawsuit represents an attempt by the Trustee in Bankruptcy of W. T. Grant Company to undo certain purchases by the Company of its own stock made between 1969 and 1972. The Company was adjudicated a bankrupt in 1976, and its stock is now worthless. The complaint, alleging federal securities law violations, demands rescission of the transactions or, in the alternative, damages representing the full purchase price.*fn1 The district court, in an opinion reported at 460 F. Supp. 1028 (S.D.N.Y.) granted summary judgment in favor of all defendants and plaintiff has appealed.
Appellant's discovery, which resulted in over 9500 pages of sworn testimony and the production of more than 100,000 pages of documents, created a detailed factual setting for defendants' summary judgment motion. For our purposes, however, a review of the salient facts will suffice.
The Company began as a single retail store in 1906. It grew steadily, and by 1968 the Company had over 1,000 stores and $1 billion in sales. It also had a net worth of over $283 million and net earnings for 1968 of over $37 million. At that time, it had 13,854,220 shares of common stock issued and outstanding.
As the company grew, its founder, William T. Grant, became a wealthy man, and he decided at an early date to use his wealth for charitable purposes. In 1936 he organized the Grant Foundation, which funds programs relating to the psychological and behavioral problems of young people. During the years that followed, Mr. Grant also created numerous trusts for the benefit of relatives, friends and employees, with designated charities as remaindermen. In the majority of trusts, the ultimate charitable recipient was the Foundation. Because the Foundation and the trusts were funded with Grant stock, by 1968 the Fund owned 1,294,324 shares of Grant common stock and had remainder interests in some 3,400,000 additional shares.
When Mr. Grant began the above-described program, the Company was still relatively small. It had total assets of approximately $38 million, and there were approximately 1,200,000 shares of common stock outstanding. Because Mr. Grant felt that it would "not take a relatively large investment to gain control of an enterprise of this size", he expressed the hope that the Foundation and the trusts would retain their Grant holdings. With the growth of the Company, Mr. Grant's apprehensions disappeared. In a 1968 letter sent to a trustee, with a copy to the Foundation, Mr. Grant wrote:
Today, the Grant Company has total assets in excess of $400 million. It has annual sales of almost $1 billion, it has over 1,000 stores, it has outstanding almost 13,000,000 shares of common stock with a total market value of over $450 million and it has over 17,500 stockholders. To acquire control of an enterprise of this size would require an investment so large it seems reasonable to believe that, while it is possible, it is unlikely anyone would undertake it.
Thus, under present conditions I believe there no longer is reason for me to fear that, when I am no longer here, outside unknown interests might get control of the Company, and, motivated by selfish considerations, might destroy the organization which during my lifetime I built up, and hurt many people close to me who have come to be dependent upon the continued success of the Company.
Mr. Grant's change of heart coincided with what the Foundation's Board of Trustees felt was prudent investment policy, and in June 1968 the trustees adopted a policy of portfolio diversification. The Foundation sold some of its stock on the open market and some to the Company. This litigation involves the latter sales and several sales to the Company from trustees or remaindermen.
The stock in question was purchased by the Company primarily for use in its Employees Stock Purchase Plan. The Company had had such a plan since 1950, and, by 1968, 4,600 of its employees had purchased or contracted to purchase over 2,000,000 shares. The shares received by these employees were all authorized but previously unissued, and their issuance resulted in an annual dilution of per share earnings of between one percent and one and one-half percent. In November 1968, the Company decided to use treasury rather than unissued shares, and appellee Edward Staley, Chairman of the Company Board of Directors, informed the Foundation that the Company was interested in buying some Foundation-held stock for this purpose. Negotiations that followed led to an agreement dated February 25, 1969, which provided that the Company would buy 250,000 shares on May 1, 1969, and would have the option to buy up to 950,000 additional shares in annual installments of between 200,000 and 300,000 shares. The purchase price was to be the average of the stock's daily closing price on the New York Stock Exchange during the month preceding each purchase, less 3 percent. The agreement was approved by the Foundation's Board of Trustees on February 18, 1969, and by the Company's Board of Directors on February 25, 1969.
Under New York law, the directors could authorize the purchase of Company stock out of surplus without any special authorization from the shareholders.*fn2 Laue v. Bethlehem Steel Corp., 243 App.Div. 57, 59, 276 N.Y.S. 173 (1934). However the agreement with the Foundation provided that the Company would not be obligated to make any purchases thereunder unless the agreement was approved by the shareholders, excluding the Foundation, at the Company's 1969 annual meeting. Accordingly, the Company's proxy statement for its annual meeting described the agreement and solicited shareholder approval, which was given. During the next four years, the Company bought 800,000 shares pursuant to the contract at a total price of $34,800,000. The Company exercised its option to terminate the contract on February 15, 1973, at which time Grant's stock was selling at 371/8.
On October 28, 1969, the Company entered into an agreement with appellees Connecticut Bank and Trust Company and Richard W. Mayer as trustees under one of the Grant trusts to purchase 246,664 shares of Company stock at a price 3 percent less than the average closing prices on the New York Exchange during November 1969. This agreement also provided for shareholder approval and a special meeting, preceded by a second proxy statement, was held. Following shareholder approval, the transaction was consummated.
Between 1969 and 1972, the Grant Board authorized or ratified three other purchases of Company stock without seeking shareholder approval. On June 2, 1969, the Company purchased 20,000 shares of common stock from Connecticut Bank and Trust Company as trustee under a Grant trust at a price 3 percent less than the average New York Stock Exchange price on May 29, 1969, and this purchase was ratified by the Board on June 24, 1969. In June 1970 the Company purchased 11,929 shares of its preferred stock from the Foundation at $51.75 per share, the average price that the Company had paid for its preferred shares during 1970. These shares, together with 6,600 preferred shares purchased elsewhere in 1970, were retired by the Board on January 26, 1971. In September 1972 the Company purchased 34,140 shares of common stock at an average price of $39 per share from New York University and Sloan-Kettering Institute for Cancer Research, remaindermen-distributees under several Grant trusts.
Appellant has challenged all of the above transactions in actions against the Company's directors, the Foundation, and Connecticut Bank and Trust Company, brought contemporaneously in the New York State Supreme Court and the United States District Court for the Southern District of New York. In the State Court action, which is presently pending, appellant charges defendants with self-dealing, fraud, breach of fiduciary duty, and waste of corporate assets. In his district court complaint, appellant added to these charges alleged violations of sections 12(2) and 17(a) of the Securities Act of 1933 (15 U.S.C. §§ 77L (2) and 77q(a)), sections 14(a) and 10(b) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78n(a) and 78j(b)), and Rule 10b-5 (17 C.F.R. § 240.10b-5).
Appellant's statutory attack on the February 1969 and October 1969 purchase agreements is based upon several alleged omissions or misstatements in the Company's proxy materials. The district judge held these allegations to be without merit, and our own review of the two proxy statements satisfies us that his determination was not erroneous.
The April 1, 1969 proxy statement began by directing the recipients' attention to the Company's annual statement for the year ending January 1, 1969, which had been mailed under separate cover. It then stated that, as of March 1, 1969, the Company had 13,763,384 shares of common stock outstanding and eligible to vote. Of this amount, 1,481,005 shares, or 10.8 percent of the total, were owned of record but not beneficially by Morgan Guaranty Trust Company of New York. The statement listed 20 directors standing for election and their stockholdings, which totaled 920 shares of preferred stock and 261,674 shares of common stock (1.9 percent of the total common stock outstanding). The following additional information concerning appellee-directors Staley, Byler, Fogler, Mayer, and appellee Connecticut Bank and Trust Company was then disclosed:
1. Staley and Connecticut Bank and Trust Company were trustees of trusts holding 1,651,940 shares of Grant common stock, representing 11.9 percent of the total voting shares.
2. Staley was a trustee of the Foundation, which (a) had a remainder interest in Staley-Connecticut Bank and Trust Company trusts holding 1,164,940 shares, (b) owned 11,929 shares of Grant preferred and 1,294,324 shares of Grant common stock, (c) had a remainder interest in trusts holding 1,058,048 shares, of which Byler, Mayer, and Connecticut Bank and Trust Company were trustees, and (d) had a remainder interest in trusts holding 948,008 shares, of which one Howland Davis and Connecticut Bank and Trust Company were trustees.
3. Byler was an officer of the Foundation and a cotrustee with Mayer and Connecticut Bank and Trust Company of trusts holding 1,058,048 shares.
4. Fogler was a trustee of the Foundation.
5. Mayer was a cotrustee with Byler and Connecticut Bank and Trust Company of trusts holding 1,058,048 shares.
Under the headings "Purchase of Outstanding Common Stock" and "Amendment to Employees Stock Purchase Plan", the proxy statement outlined the terms of the agreement with the Foundation, including the number of shares involved and the manner in which the purchase price would be determined. Transactions under the 1960 Employees Stock Purchase Plan were summarized, showing that, out of 210,000 unissued shares reserved for sales under the Plan, 155,895 shares were still available for future offerings. However, because the directors believed it was in the Company's best interest to increase employee participation, the Board had authorized an amendment to the Plan that would permit the Company to offer an additional 100,000 unissued or reacquired shares. It was anticipated that approximately 275,000 shares would be offered to employees during 1969, and, if the contract with the Foundation was approved, the purchased stock would be used for this purpose.
Shareholders were informed that the purchase price for stock under the Employees Stock Purchase Plan was the average of the closing prices on the New York Exchange during the month preceding the offering, I. e., the same price-fixing procedure used in the Foundation agreement without the 3 percent discount. Shareholders were then given a summary of prior sales under the 1960 Plan and the one which preceded it, together with the sales prices of shares sold to directors between 1964 and 1969 and the average sales price of shares sold to other employees during the same period, which was $24.69. Shareholders were also reminded that the March 28, 1969 closing price of the Company stock was $45.75.
The Company's position concerning the agreement with the Foundation was described as follows:
In the judgment of the Board of Directors, the Agreement will provide a desirable means of acquiring shares of Common Stock of the Company to meet the requirements of its Employees Stock Purchase Plan and for other corporate purposes during the period covered by the agreement. In this connection, the Board has by resolution expressed an intention that, to the extent available for such purpose, issued shares of the Company's Common Stock, which have been acquired and are held in the Company's treasury, be used to satisfy the Company's obligations under purchase contracts entered into under such Plan on and after May 1, 1969.*fn3
The November 7, 1969 proxy statement apprised shareholders that a special meeting would be held to consider the October 28 purchase agreement and a proposed new Employees Stock Purchase Plan. It set forth the number of outstanding shares and the fact that the Company then held 331,500 shares in its treasury. It disclosed that Connecticut Bank and Trust Company and Staley were record owners as trustees of 1,651,940 shares and Connecticut Bank and Trust Company, Mayer, and Byler were record owners as trustees of a total of 2,052,956 shares.
The statement then announced the execution of the October 28 agreement providing for the purchase of 246,664 shares from the Grant trust, in which the Foundation had the remainder interest. It described how the purchase price would be computed and stated that it was the Company's intention to use the acquired shares to satisfy its obligations under the existing Employees Stock Purchase Plan and the proposed new Plan. It then reviewed the previously approved agreement with the Foundation and informed shareholders that 250,000 shares had been purchased at a cost of $45.82 per share. It disclosed the relationships of Mayer, Byler, Fogler, and Staley with the Company, the trusts, and the Foundation.
The statement then took up the proposed new Employees Stock Purchase Plan, stating that the Board believed such plans to be beneficial because of the "incentive resulting from Common Stock ownership by employees of the Company who are largely responsible for its growth and continued success." The new Plan would permit treasury stock and up to 1,000,000 unissued shares to be sold to employees during the ten-year life of the Plan. The provisions of the proposed Plan were reviewed in detail, and it was announced that approximately 500,000 shares would be offered to employees in the initial offering during April 1970. Sales to employees between 1964 and 1969 under the existing stock purchase plan were then summarized, as in the earlier proxy statement, and the closing price of the Company stock as of November 7, 1969 was stated to be $57.50.*fn4 Annexed to the statement were the Company's January 31, 1969 financial statement and a statement of operations for the years 1965-69.
The above information was set out in a logical and comprehensive manner in both proxy statements and was not "buried" by being dispersed among or immersed in irrelevant data. In determining whether it constituted full and adequate disclosure, the district court properly took into account information already in the public domain and facts known or reasonably available to the shareholders, Seibert v. Sperry Rand Corp., 586 F.2d 949, 952 (2d Cir. 1978), and then measured the Company's additional disclosure by the test of "fair accuracy". Kennecott Copper Corp. v. Curtiss-Wright Corp., 584 F.2d 1195, 1200 (2d Cir. 1978). If, as the district court held, full and fair disclosure was made, appellant could not predicate his federal claim upon an asserted breach of appellees' state-law fiduciary duties. Santa Fe Industries, Inc. v. Green, 430 U.S. 462, 474-80, 97 S. Ct. 1292, 51 L. Ed. 2d 480 (1977); Browning Debenture Holders' Committee v. DASA Corp., 560 F.2d 1078, 1084 (2d Cir. 1977).
Appellant asserts numerous inadequacies and improprieties in the proxy statements, all of which the district court rejected. He contends that the proxy materials "falsely represented that the common shares were needed to meet the requirements of (the) Plan and for non-existent "other corporate purposes' " and that they failed to disclose that some 8,000,000 shares of unissued stock were available for this purpose. This contention misstates the facts. Purchase of Foundation stock was said to be "desirable", not necessary, and there is not the slightest intimation that unissued shares were unavailable for use. Indeed, the Company's 1968 Annual Statement stated plainly that 8,645,780 shares of common stock were authorized but unissued. Shareholders were informed, moreover, that there were no then-existing agreements or plans for company acquisitions, but that "if any such acquisitions should materialize at a future time, it is possible that shares acquired pursuant to the Agreement could be used in connection therewith." As pointed out above, acquired shares were in fact used for both the Employees Stock Purchase Plan and a Company acquisition.
Appellant also argues that appellees' "desire to entrench their control was the principal, if not the sole reason for the Grant purchase program" and that this was not disclosed to the shareholders. We find little support for this argument in appellant's references to the record. For example, appellant relies upon a letter dated January 20, 1971 from appellee Staley as a member of the Foundation's Board of Trustees to the Foundation's treasurer, in which he said:
I am glad that you told them of the Foundation's policy of gradual divestment of its holdings of W. T. Grant Company common stock to the Grant Company. This will let any "money raiders" know that there is little chance for them to acquire large blocks of Grant stock for their own financial interests at the expense of the Grant Company and its stockholders.
At the same time it well establishes the program of The Grant Foundation not having large holdings invested in the Grant Company, nor any other company over a period of time. As I told you, I will lend support, as long as I can, to the policy of the Grant Foundation eventually not having any Grant common stock in its investments.
In addition, appellant points to testimony given by Mr. Staley during his deposition, where he testified that he got Mr. Grant to approve the Foundation's liquidation of its Grant holdings "as long as it didn't hurt the Grant people" and that the Foundation intended to dispose of the stock "gradually and in small enough hunks" so that it didn't fall into "unfriendly hands". Mr. Staley also testified:
When I started, after I got Mr. Grant's approval, my main objection (sic) was to progressively dispose of it, to make the Company into a public company rather than a company that was closely held by one person or a small group or a couple of groups.
Appellant also relies upon handwritten notes of the November 26, 1968 Company Board meeting which, as best we can decipher them, summarize certain comments by appellee Mayer as follows:
As Foundation wants to liquidate and Co. wishes to use Treasury stock it may be a good marriage. Buying from Foundation will keep stock in friendly Stock Plan is one of our best benefits.
We find little merit in appellant's argument that disclosure of the above-described motivation might have induced shareholders to vote against the purchase of Foundation stock. It would be a strange shareholder indeed who would favor company stock falling into the unfriendly hands of "money raiders" and look with disfavor upon the company being a "public company" rather than one closely held by a small group. In any event, as the district court observed, the effect of the stock purchases on company control was self-evident from the very size of the transaction, involving as it did over ten percent of the outstanding common stock. Whether this stock was retained in the treasury or distributed to employees, it was obviously not going to end up in the hands of "money raiders."
The district court also held that corporate control is recognized to be of universal interest to corporate officers and directors and that the failure of proxy materials to disclose this subjective interest is not a violation of the securities laws. There is much support for this position. In Doyle v. Milton, 73 F. Supp. 281, 286 (S.D.N.Y.1947), then Judge Rifkind asked, "Assuming the data are supplied, is the proxy statement nevertheless false if it omits a confession of selfish motive." Pointing out that SEC regulation X-14, now Regulation 14 A. 17 C.F.R. § 240.14a-1 Et seq., does not require the inclusion of statements as to motive, he answered the question in the negative. Citing Doyle with approval, we stated in Crane Co. v. Westinghouse Air Brake Co., 419 F.2d 787, 803 (2d Cir. 1969), Cert. denied, 400 U.S. 822, 91 S. Ct. 41, 27 L. Ed. 2d 50 (1970) that "it is sufficient that the relevant facts were fairly stated in the proxy statement." See also Tyco Laboratories, Inc. v. Kimball, 444 F. Supp. 292, 297-98 (E.D.Pa.1977); Jewelcor, Inc. v. Pearlman, 397 F. Supp. 221, 248-49 (S.D.N.Y.1975). Here the proposed actions of the company and their effect on stockholdings were fully disclosed. In the absence of some ulterior wrongful design hinging upon so-called "entrenchment", the directors were not required to put forth in the proxy materials an analysis of their otherwise obvious interest in company control.*fn5 Stedman v. Storer, 308 F. Supp. 881, 887 (S.D.N.Y.1969); Elgin National Industries, Inc. v. Chemetron Corp., 299 F. Supp. 367, 372-73 (D.Del.1969); See Biesenbach v. Guenther, 588 F.2d 400, 402 (3d Cir. 1978); Golub v. PPD Corp., 576 F.2d 759, 765 (8th Cir. 1978); Altman v. Knight, 431 F. Supp. 309, 313-14 (S.D.N.Y.1977).
Appellant also asserts that the proxy materials failed to disclose that the Company "would have to borrow up to an additional $50 million to finance the purchases." However, although appellant has had full access to the Company's financial records, he has failed to establish that such borrowing took place. In support of his contention, he offers only the speculative concern expressed by one director that it might be required. The district court did not err in holding that this asserted lack of disclosure was not a securities law violation. Full factual disclosure need not be embellished with speculative financial predictions. See Seibert v. Sperry Rand Corp., supra, 586 F.2d at 951; Goldberger v. Baker, 442 F. Supp. 659, 665 (S.D.N.Y.1977).
The district court properly held, contrary to appellant's contention, that the shareholders were fully informed as to the cost of the purchased stock and the relationship of that cost to both open market value and the past and future sales prices under the Employees Stock Purchase Plan. It did not err in rejecting appellant's contention that the Company deceived its shareholders by not disclosing that the use of purchased Treasury stock was inconsistent with prior Company policy. The fact that prior sales under the Employees Stock Purchase Plan were made from unissued shares was clearly disclosed, and the departure from this policy through the purchase and use of Treasury stock was obvious. Assuming for the argument that it was not, there was nonetheless no actionable deception under the securities laws. Goldberger v. Baker, supra, 442 F. Supp. at 664-65. No other complaints of the appellant directed to the proxy materials are of sufficient substance to warrant discussion.
In challenging the acts of the Board of Directors in authorizing or ratifying the three smaller purchases of stock, appellant places much reliance upon this Court's holding in Goldberg v. Meridor, 567 F.2d 209 (2d Cir. 1977), Cert. denied, 434 U.S. 1069, 98 S. Ct. 1249, 55 L. Ed. 2d 771 (1978). Prior to Goldberg, the Supreme Court, in Santa Fe Industries, Inc. v. Green, supra, 430 U.S. at 476, 97 S. Ct. at 1302, had specifically rejected the proposition that "a breach of fiduciary duty by majority stockholders, without any deception, misrepresentation, or nondisclosure," violates section 10(b) or Rule 10b-5. The Court expressed its adherence to the proposition that "Congress by § 10b did not seek to regulate transactions which constitute no more than internal corporate mismanagement." Id. at 479, 97 S. Ct. at 1304 (Quoting Superintendent of Insurance v. Bankers Life & Cas. Co., 404 U.S. 6, 12, 92 S. Ct. 165, 30 L. Ed. 2d 128 (1971)). In Goldberg,*fn6 this Court, after directing an amendment of the complaint to permit an allegation concerning the issuance of two deceptive press releases and writing as if the amendment had been allowed, said:
We readily agree that if all that was here alleged was that UGO had been injured by "internal corporate mismanagement', no federal claim would have been stated. But a parent's looting of a subsidiary with securities outstanding in the hands of the public in a securities transaction is a different matter; in such cases disclosure Or at least the absence of misleading disclosure is required. 567 F.2d at 221 (emphasis supplied).
If Goldberg may be deemed to have carved out an exception to the Santa Fe doctrine, this case does not fall within that exception.
Our concern here, as in most cases under the Securities Acts, is whether there has been full and fair disclosure. See Santa Fe Industries, Inc. v. Green, supra, 430 U.S. at 477-78, 97 S. Ct. 1292; Kennecott Copper Corp. v. Curtiss-Wright Corp., supra, 584 F.2d at 1199. Appellant's charges, while paying lip service to that doctrine, really allege nothing more than corporate mismanagement. Appellant asserts that the purchase of 54,140 shares of common stock (less than four-tenths of one percent of the total outstanding) was a step in a scheme to "entrench" corporate management. However, as already pointed out, every purchase by a corporation of its own stock serves to some extent to consolidate the control of existing management. See Tyco Laboratories, Inc. v. Kimball, supra, 444 F. Supp. at 298. The Securities Acts do not require that a full disclosure of this fact be made to shareholders whenever a corporation purchases any shares of its own stock regardless of the size of the purchase or the use to which the purchased stock is put. There is no contention here that the directors hid from the shareholders the making of the purchases; purchased stock was in fact offered to employees under the Employees Stock Purchase Plan. In the absence of some wrongful purpose associated with such minor entrenchment as may be here involved, the directors' failure to secure prior shareholder approval did not constitute fraud and deception under the federal securities laws.
Appellant's contention that some of the directors might not have known of the conflict of interest arising out of the participation by several of its members in the management of the trusts and the Foundation is patently frivolous in the face of the full disclosure made in the Board's own proxy statements. Equally frivolous are appellant's conjectures concerning some unidentified directors' possible lack of knowledge as to the terms and fairness of the purchase agreements that they approved or ratified. One who charges securities fraud must allege with some specificity the acts constituting the fraud. Segal v. Gordon, 467 F.2d 602, 606-10 (2d Cir. 1972).
Because we find no securities law violations arising out of the Board's ratification of the two purchases, we need not decide whether the stock purchases involved had been consummated prior to the ratification and whether for that reason the alleged fraud did not arise in connection with the purchase of a security under Rule 10b-5. See Radiation Dynamics, Inc. v. Goldmuntz, 464 F.2d 876, 890-91 (2d Cir. 1972).
Appellant's claims against the Foundation and the Connecticut Bank and Trust Company must of necessity fall with those against the company directors. If the directors were guilty of no deception, the Foundation and the bank cannot be held liable as controlling or assisting persons.
The district court's grant of summary judgment in favor of all the defendants left appellant free to pursue in the state court a remedy for the wrongs he has alleged. We agree that the state court is the appropriate forum.
The judgment appealed from is affirmed.
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September 6, 2012
THORNELL BROWN,PLAINTIFF,v.JAWAYNE FAMBROUGH, ET AL., DEFENDANT.
ORDER DISREGARDING WITNESS' MOTION (Doc. 127).
Plaintiff Thornell Brown is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. § 1983. His matter is currently set for trial on September 10, 2012.
On August 29, 2012, one of the witnesses in this case, Curley John Broussard ("the witness"), filed a motion asking this Court to order Corcoran State Prison Warden Connie Gipson not to place the witness into the general population and to order the warden to "take action" against certain staff members, "associated with" Defendant Fambrough, who have allegedly been threatening and taking property from the witness. (Doc. 127).
It is unclear whether the alleged actions alleged by the witness relate to Thornell Brown's case or the witness' own case against Defendant Fambrough. Regardless, the Court is not able to act on the witness' request for several reasons. First, the Federal Rules of Civil Procedure explain that a request for a court order must be made by motion. (F.R.C.P. 7). Thus, the Court is not able to act on the request set forth in the witness' letter. More importantly, even if the witness properly formatted his letter as a motion, the Court does not have jurisdiction over Warden Gipson or any "unnamed 2 associates" at Corcoran State Prison. Mr. Broussard is merely a witness; he is not a party to this case. 3
Thus, he cannot use Mr. Brown's case to adjudicate his own legal matters. Furthermore, the Court 4 cannot control where the California Department of Corrections chooses to house its inmates. The 5 witness' motion is therefore DISREGARDED. 6 7
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Browse All:
January, 2011
Post liberalisation in 1991, Indian automobile sector has been aptly described as the sunrise sector. Owing to its vertical and horizontal integration with other key segments of the economy, the industry is said to be a major growth driver. A steady growth in the sector has attracted heavy investments from various foreign majors through direct investments or private equity.
India continues to consolidate its position on the global front being one of the world's top 10 auto-producing countries. India, the seventh largest vehicle producing nation in the world, now accounts for 5 per cent of global auto production, up from 1.4 per cent at the beginning of 2000, according to Society of Indian Automobile Manufacturers (SIAM).
According to a study by global consultancy firm Ernst & Young, the Indian market will clock the fastest compound annual growth rate between 2009 and 2020, more than double that of China and the triad of North America, Europe and Japan. India's CAGR between 2009 and 2020 is expected to be 14 per cent compared with China's 6 per cent, other emerging markets' 6 per cent (which includes BRIC nations) and the triad's 4 per cent.
India has emerged as one of the favourite investment destinations for automotive manufacturers in recent times.


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from £56 / night help Price for guests, Nights
- 1 bedroom
- 4 sleeps
- 1 night min stay
- Apartment
- 1 bedroom
- 4 sleeps
- 1 night min stay
Apartment / 1 bedroom / 2 bathrooms / sleeps 4
Key Info
- Beach / lakeside relaxation
- Nearest beach 3 km
- Swimming pool
- Suitable for children age 5+
- Car essential
- Ask about pets
- Private garden
Description from owner
More Less
- Suitable for children over 5
- Some pets are welcome - please contact the owner
- Cot available
Bed & bathroom
- 1 Double Bed, 1 Single Bed, 1 Cot available
- 1 Family bathroom, 1 Shower room
- Wi-Fi available
- Shared outdoor pool (unheated)
- Private garden
- Balcony or terrace
- Internet access
- Cooker
- Fridge
- Washing machine
More Less
- Parking
- 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
- No smoking at this property
- Cancellation policy
View Policy
About the owner
Luca T
- Response rate:
- 35%
- Calendar updated::
- 05 Aug 2016
Languages spoken: English, French, Spanish, German, Italian
This Apartment has 1 bedroom, 2 bathrooms and sleeps 4. It's been listed on Holiday Lettings since 13 Oct 2013. Located in Costermano, the average weekly rate is £386.
The Owner has a response rate of 35% and the property's calendar was last updated on 05 Aug 2016.
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Chad Johnson patted his lawyer's ass in court Monday as a sign of respect ... so claims the tapee, attorney Adam Swickle. Swickle filed legal docs -- just obtained by TMZ -- in which he pleads with the judge to reconsider her decision to throw out Chad's plea deal and throw him in the slammer for 30 days -- all because she believed the former NFLer disrespected the court with the tap.
Chad: Tapping Was a Sign of Respect
From TMZ.com
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I enjoy teaching real-world problem solving techniques that I learned while studying Mathematical Physics in college. I'm here to help students develop a deeper, more complete understanding through connections with every-day-life, because that's what I struggled with in school and I'd hate for others to struggle the same way.
University of Northern Colorado - Bachelors, Mathematical Physics
College Physics
High School Chemistry
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I wouldn't want to wear the long leggings in your photo, but I usually wear a long sleeve rashie with board shorts.
For two reasons - I don't want to get sunburnt plus I'm overweight and self conscious.
I wouldn't want to wear the long leggings in your photo, but I usually wear a long sleeve rashie with board shorts.
For two reasons - I don't want to get sunburnt plus I'm overweight and self conscious.
I didn't realise you could get swim leggings - I want some!! I love to take a hiatus from shaving my legs through winter but don't get to as I still need to be in the pool for DS's swimming lessons.
I looked at triathlon type suits a while ago for this reason but they are too "made for sport". I like a tankini with some ruching over the gut and would wear that with those leggings.
They would also be awesome at the beach (maybe bit hot in black) to maintain my pasty whiteness!
No I wouldn't wear that. I am very comfortable in a bikini, and would feel way more self conscious about wearing that, than what I would in a bikini.
There's nothing wrong with it, though...minus the major camel toe in the pic.
ButterflyMa (22-05-2016),Phony (22-05-2016)
The main issue I have with bikini bottoms is they are so tiny these days I tend to find it doesn't really cover my pubes? Unless I've trimmed/used cream that day I have little spiders crawling out......Or do I just have excess pubic hair?!?
So I have to wear board shorts to avoid this.
Personally op I see nothing wrong with those pants. I wouldn't even give you a second glance.
Eta: and you wouldn't have to worry about shaving your legs! Bonus!
Last edited by Little Miss Sunshine; 22-05-2016 at 10:19.
Phony (22-05-2016),smallpotatoes (22-05-2016)
honestly - wear whatever you feel comfortable in
if you want something along those lines - google stinger suit ... in Far North Queensland where stingers and jellyfish are a problem, they all wear them
FWIW I got my long sleeve rashie from the Cancer Council.
The fabric is very light and easy to wear. It is also chlorine resistant and lasts for ages so worth the initial high price tag.
I've had a look and they don't sell long leggings, but they do stock boardies that look like they would go below the knee:
Not something I'm into, but I would look, possibly think you were a) Muslim b) a good swimmer and the thought would be gone.
I tend to like boy leg with bikini top/tankini or swim shorts as I have uber sensitive skin and wearing normal bikini bottoms or one piece shows shaving rash :/ I also think it's the type of material rubbing on freshly shaved/waxed skin that makes it way worse.
I wouldn't wear it, sorry.
Being totally honest, I think I'd do a double take the first time I saw someone wear it, but I'd quite quickly get over it, like in 30 seconds or so!!
Seriously though, and this is for all the ladies out there who are self conscious...
I don't have a perfect body, but I can't complain either.
However, TRUST ME. No one is checking you out or judging you, no matter what size. Go out, be confident and have fun!!!
OP, I've had to bite the bullet and get into the pool for lessons with my daughter recently.
I wear a long sleeved rashie and 3/4 length bike pants.
No-one even blinks an eye lid. Many of the instructors were similar things, I guess it's because they are in the water for so much longer.
Wear what you feel comfortable with.
I'm another who says wear whatever makes you feel comfortable Op.
I'm usually too worried about how I look to worry about what anyone else is doing!
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With The Mystery At Clown Castle, Daniel Bennett solidifies his rightful place as one of the most innovative artists in improvisational music.
Brent Black / www.criticaljazz.com
The Daniel Bennett Group is just that, a post modern collective of artists that have chosen to travel the harmonic road less travelled. Woodwind virtuoso Bennett takes a strong lyrical sense of purpose and then deconstructs what may the expected into a harmonic wonderland of meticulously nuanced flavors. Organic, esoteric and perhaps quirky best some up the compositional makeup of The Mystery of Clown Castle but this is a sound not bound by convention or tradition, this is post modern jazz for the next generation.
"Paul Platypus" pops with attitude including some stellar work from guitarist Nat Janoff and pairs nicely against "Nine Piglets" which is a more light hearted lyrical romp with Bennett shining on flute. The somewhat beatnik inspired spoken word composition "Minor Leaguer" adds depth to a sound that has all musical co-conspirators singing from the same page of the lyrical hymnal.
An inspired work from an amazing talent. Diverse while never tossing the listener off the edge of the harmonic cliff. Nothing wrong here!
5 Stars!


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There's gonna be a zombie-fest so aim for the head, keep out of sight and whatever you do, don't get yourself bit...
Capcom and Valve have announced a crossover project between their Resident Evil 6 and Left for Dead 2 properties on the PC, which will see characters and enemies from both series cross into the others universe. Best of all, it's totally free.
Resident Evil 6 owners will get a PC exclusive mode "The Mercenaries No Mercy" where they can select one of the four survivors from Left For Dead 2 (Coach, Nick, Ellis and Rochelle) and will have to face the Valve franchise's Special Infected zombies Witch and Mini-Tank.
Resident Evil 6 Producer Yoshiaki Hirabayashi had this to say "The Resident Evil 6 team really enjoyed working on this crossover, and we're confident that our fans will have a great time with it too! We hope you enjoy this unique content."
Those playing Left 4 Dead 2 will be up against some of RE6's most fearsome foes in Lepotitsa, Napad and Ogroman, and according to Valve's Chet Faliszek the decision was a no-brainer "We're huge Resident Evil fans, so when the opportunity arose to work directly with Capcom to combine L4D2 and RE6, we jumped at it ".
The new content will be available for Resident Evil 6 on the PC from April 5th (automatic download). Left 4 Dead 2 content will be available in spring 2013.
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Domestic Work Opportunity in Canada ( 2 - 12 yrs)
Donald Lawrence
RS1,50,000 To 20,00,000Kurnool, Rameswaram-Cuddapah, Teegalapahad, Gaya, Patna, Warisaliganj, Akaltara, Bilaspur, Cotlin Industrial Estate, Panaji, Orlim, Ukwa, Igatpuri, Nashik, Yevla
This is to inform general public that Dr Donald Lawrence Family is having a job opportunity for any serious applicant and ready to relocate.The Family also holds mining and pharmaceutical investments,an Agriculturist & viticulturist here in Canada. ...
Key Skills : engineering manager,software engineer,supervisor,brand manager,back office manager,electrical manager,front desk manager,medical...
Computer Operator ( 0 - 1 yrs)
Sawasdee Hotel
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Inviting Applications for H1b Sponsorship for Fy 2016, We are Looking for It/software Professionals with 4 Years to 10 Years of Experience for Usa Relocation.we are Inviting Applications for H1b Sponsorship for Fy 2016 and Looking for It/software Pro...
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URGENT OPENINGS FOR 2013/2014 BATCH BTECH/DIPLOMA FRESHERS. We have opening for B.E, B.Tech (Mechanical Engineer, Electrical Engineer, Civil Engineer, Chemical Engineer, Software Developer, Aircraft Maintenance Engineer, Electronics and Communicat...
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Windows App Developer ( 1 yrs)
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Discussion in 'Introduce yourself' started by JREEDN2DEEPJ, Sep 25, 2010.
Im been trying for 2 days to get this to work. Every TIME i put it in dfu mode nothing happens
what firmware are you on?
I can use jailbreakme.com but wont be able to change my logo
Im usin 4.0
use jailbreakme.com, quickfreedom is outdated
How do i change my logo
Lol, QuickFreedom is like for 2.2 or something like that. Mind you I made this mistake when I first tried to jailbreak. Then I tried blackra1n and found out it wasnt working because I was 3.1.3 then I found Spirit! Yay
Originally Posted by monkey_guy
How do I jailbreak I typed Jailbreak into the app store and only a game came up?? YOU GO TO SAFARI ON YOUR IPOD AND SEARCH.
------------------double post merged------------------Is there anyway to change the boot logo for 4,0 firmware?
Haha lol. This actually happened to a friend of mine he said he couldnt find it on the app store.
No not yet I dont think I think you need a bootrom exploit or something for that
Well it depends on witch firmwire you are on, to know what jailbreak you use like 4.1 Limera1n or Greenpoison 4.0,4.0.1 Jailbreakme and there is so much more!
Separate names with a comma.


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TOPRA Regulatory Affairs MSc lecture
Paul Foster, Talent Acquisition Manager for AXESS, is passing on his expertise to students on the TOPRA Regulatory Affairs MSc course in Munich on 08 February 2012.
Paul Foster commented "I am delighted that TOPRA asked me to lecture again this year and I am looking forward to passing on key information that can make a real difference for managers within Regulatory Affairs departments."
Paul Foster has more than thirty years expertise within the pharmaceutical industry, working in marketing roles for major European Pharma businesses and more latterly for specialist recruitment businesses. He has focussed on the Regulatory Affairs market for the last five years and is recognised as one of the most knowledgeable and experienced recruiters within the sector.
Paul is one of several specialist consultants at AXESS, recruiting permanent and interim professionals for a broad range of regulatory roles, which encompass the whole regulatory lifecycle including Regulatory Development, Regulatory Operations, Regulatory Submissions (utilising National, Mutual Recognition, Decentralised and Centralised procedures) and marketed products.
AXESS - http://www.axess.co.uk - was formed in 1990 and the company has established a reputation for providing an expert, dedicated and high quality recruitment service within the Medical and Pharmaceutical industries.
# # #
Optimal Internet was founded in 2006 by a group of recruitment and job board specialists in response to a growing requirement in the recruitment industry for alternative marketing solutions.
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The Original and Multi-Award Winning TV Craft
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Perfect for all animal lovers, this ScrapBerry's A Furry Little Story Papercraft Kit includes adorable images and pretty florals on papers enabling you to piece together wonderful stories.
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Roger B. Manning - An Apprenticeship in Arms. The Origins of the British Army 1585-1702 [2006][A]
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About Lola Riera Jewelry
Lola Riera Jewelry is designed and hand crafted by Cristina Coro-Dickson in her Austin, Texas studio. Each piece is hand-cut and fabricated using sterling silver.Cristina majored in Fine Arts with an emphasis in Sculpture from the University of Madrid, Spain. After graduation, she worked for a jeweler in Madrid where she learned the art of metal-smithing. She has been in love with it ever since.Her business is named after and dedicated to her grandmother, Lola.Please feel free to visit her website: www.lolariera.com.Find us on "Facebook":http://www.facebook.com/pages/Lola-Riera-Jewelry-by-Cristina-Coro-Dickson/34832911725


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Approx 1 mile of Lampasas river.
Approx 1/4 mile a beautiful springfed Sulphur Creek
Main dwelling less than five years old. Approximately 3200 ft.
100-year-old German style limestone home-remodeled
Custom built cabin with a fireplace on the creek.
Highway 190 fronta...
Introducing STRAWBERRY LAKE, a rare collection of 11 lakefront properties in the Finger Lakes Region of Upstate NY! This parcel is typical of most of the lakefront parcels at Strawberry Lake that are being SOLD OFF THIS WEEKEND (October 29th & 3oth) and NEXT WEEKEND (Novemb...
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Power on Property! 450 feet from Apishapa River & County Road 64.8
40 Acres with Power in Southern Colorado near Trinidad and the Apishapa River
Power Lines run through the property.
County Road 64.8 and the Apishapa River are only about 450 feet from the
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Yvonne Ellis has loved dolls since her early childhood. She has collected a diverse group of dolls for over 30 years. Professionally, Yvonne is a Seasoned Human Resources Manager and holds a Bachelor of Science degree in Public Administration in the area of Administrative Management. In addition to writing and collecting dolls, she enjoys reproducing reproduction dolls, sewing, miniature dollhouses and golfing.
Collectible African American Dolls: Identification and Valuesby Yvonne H. Ellis
History comes alive in this beautifully illustrated book of legendary African-American dolls. This book showcases hundreds of African-American dolls, beginning with the early 1800s through the nineteenth and twentieth centuries. The dolls are shown in spectacular color and are among the most popular collectibles today. The Early Years includes dolls made of papier mach�, china, composition, bisque, magic skin latex, hard plastic, and vinyl. Special features include a variety of life-size dolls, doll house dolls, cloth dolls, artist and reproduction dolls, and paper dolls. All are displayed with detailed descriptions and current market values. The dolls featured are a delight to the eye. Every doll lover and collector of black memorabilia will want to add Collectible African American Dolls to their collection. 2008 values.
Product Details
- 9781574325744
- Publisher:
- Collector Books
- Publication date:
- 02/28/2008
- Series:
- Identification and Value Guide Series
- Edition description:
- Illustrate
- Pages:
- 192
- Product dimensions:
- 8.40(w) x 10.70(h) x 0.40(d)
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- Home /
- Disposables /
- Bakery Supplies /
- Pie Containers /
- 8" Round Clear Plastic Hinged Pie Container - 200 per case
Your pies or quiche will look extra enticing in the protective packaging of the 8" Round Clear Plastic Hinged Pie Container. This item is made from highly durable and rigid plastic. Customers will be able to easily handle their baked goods to take home with the secure packaging that has dual-tab closures to tightly fasten the hinge-attached lid and base together. This container is great to make your pie display pop too, since the plastic is a super high clarity. Sold 200 per case, this outstanding bakery packaging measures 5 9/16" x 8 3/8" x 2 1/4".
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Denon HEOS Link Wireless Preamp
Instantly Turn Any Existing Receiver, Amplifier, or Stereo Into a Wireless Music Playback System With the HEOS Link Wireless Preamplifier: Also Tailored for Multi-Room Audio
HEOS Link Wireless Preamplifier Sends Smart Device, Internet Radio, and Music-Streaming Service Content to Your Stereo In Hi-Fi Sound
The HEOS Link wireless preamplifier affords you multi-room playback capability and wireless streaming on your existing system. HEOS Link instantly turns any receiver, amplifier, or stereo into a wireless HEOS zone. Complemented by an Ethernet port, USB port, and sub output, HEOS Link sends music-service, Internet radio, NAS, and tablet- and smartphone-based content to your stereo in terrific sound. It also works with powered speakers. Add more HEOS components with Link and get whole-house sound!
Multi-Room Audio Made Simple, Streaming Brought to Your Existing System
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Easy Setup and Tremendous Connectivity: USB Port, Ethernet Port, Sub Output, and More
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Simple Control Via HEOS App
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Extra Benefits for Denon Owners
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This offer also excludes Oppo, demos, closeouts/sale items and freight shipped items.
This offer cannot be applied to previously placed orders.
Music Direct reserves the right to select the carrier and ship method within the terms of this offer.
Music Direct reserves the right to change the terms of this promotion or discontinue this offer at any time.
This offer is not included on any shipments to FPO/APO addresses. Music Direct will contact you with shipping charges for these addresses.
Customers can choose an alternative expedited shipping method but it will not qualify for this free shipping offer.
Please Note: Orders that are less than $99 are not guaranteed to ship via FedEx. The ground shipping method used will be determined at Music Direct's discretion. Average ground delivery time ranges from 7-14 business days. Music Direct does not guarantee delivery within that specified time period.
At Music Direct our message has always been clear: It's the music that matters! As the leading seller of audiophile products, we stand behind the quality of our goods. Our shipments are carefully inspected and packed before leaving our warehouse, but in the event you are not satisfied with your purchase, please take note of the following return policy:
Music Direct offers a 60-day money back guarantee on most equipment/accessories (excluding fluids, pastes, aerosols and special order items, none of which are returnable).
We'll require an explanation for the return (defective, damaged, etc). Don't be surprised if we ask you some pretty detailed questions about the reason for your return. Hearing first hand what our customers are experiencing will enable us to provide you with the best possible service.
Returns will not be accepted without a Return Authorization #, or RMA# which must be obtained by phone or email. An RA must be obtained within 60 days of the purchase, and Music Direct must receive the package within 15 days of issuing the RA. Note that after 60 days all sales are final. Please write your RA# on the outside of the shipping box (not the product box). Failure to do this will delay the processing of your return. Your return package must include the following: a copy of your invoice, a note detailing the reason for the return, all original packing materials, including cables, power supplies, instructions, remote controls, warranty cards, etc. Your package must arrive in resalable condition. If these instructions are not followed your return will not be accepted.
If your return package is deemed acceptable after inspection, Music Direct will refund the purchase price of the returned item. Shipping costs will NOT be refunded. Return shipping costs are also the responsibility of the customer. Music Direct will absorb the shipping costs only in the case of defective merchandise (this does not include shipping costs for defective music titles, which is the responsibility of the customer). Please note that if defective merchandise proves to be non-defective upon inspection, or if Music Direct otherwise determines the customer is exercising chronic abuse of the return policy, the customer will be charged a re-stocking fee at Music Direct's discretion. Music Direct also reserves the right to impose a re-stocking fee at our discretion for any returned item that is damaged, cosmetically dinged or returned missing accessories. Also please note, if you received Free Shipping with your initial order and you returned the non-defective item, we will deduct the initial shipping fee from your refund. Any and all packages that are refused delivery and sent back to music direct without an RMA number will not be refunded the initial shipping charge and a restocking fee will be added to the return.
We strongly recommend sending your return package via UPS or FedEx so it can be insured and tracked (this is especially important with heavy, fragile, and more expensive items). If a return is sent via US Mail, then the customer accepts all responsibility if the package is lost, stolen, or damaged in transit. Music Direct is not liable for any uninsured packages.
A note about phono cartridges and music titles:
Phono cartridges and music titles are non-refundable and returnable only if they are defective. If by rare occurrence you receive a defective cartridge or music title, they may only be exchanged for the same item. In the case of phono cartridges, they must be deemed defective by the manufacturer before they can be exchanged. Please make sure phono cartridge problems are not due to user error as the item will not be returnable in such cases.
At Music Direct, we strive to provide the best possible customer service. If you are experiencing problems/difficulties with your merchandise we recommend consulting our highly qualified staff of audio specialists before returning any items as they may be able to help you resolve any issues.
We look forward to providing you with the best customer service in the future.
Contact Music Direct at: 1-800-449-8333 / 312-433-0200 / [email protected]
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AP147P | Rabbit Anti-Sheep IgG Antibody, HRP conjugate
This Rabbit anti-Sheep IgG Antibody, HRP conjugate is validated for use in ELISA, WB for the detection of Sheep IgG.
|Replacement Information
Special Offers
|Product Information
Reconstitute with 1.5 mL of sterile distilled water.
|Biological Information
|Species Reactivity
|Antibody Type
|Polyclonal Antibody
|Purification Method
|ImmunoAffinity Purified
|Physicochemical Information
|Materials Information
|Toxicological Information
|Safety Information according to GHS
|Safety Information
|Packaging Information
|Material Size
|1.5 mL
|Transport Information
|Supplemental Information
Certificates of Analysis
|Reference overview
|Pub Med ID
|Hsp90 inhibitors block outgrowth of EBV-infected malignant cells in vitro and in vivo through an EBNA1-dependent mechanism.
Sun X, Barlow EA, Ma S, Hagemeier SR, Duellman SJ, Burgess RR, Tellam J, Khanna R, Kenney SC
Proc Natl Acad Sci U S A 107 3146-51. Epub 2010 Jan 26. 2010
Show Abstract
EBV causes infectious mononucleosis and is associated with certain malignancies. EBV nuclear antigen 1 (EBNA1) mediates EBV genome replication, partition, and transcription, and is essential for persistence of the viral genome in host cells. Here we demonstrate that Hsp90 inhibitors decrease EBNA1 expression and translation, and that this effect requires the Gly-Ala repeat domain of EBNA1. Hsp90 inhibitors induce the death of established, EBV-transformed lymphoblastoid cell lines at doses nontoxic to normal cells, and this effect is substantially reversed when lymphoblastoid cell lines are stably infected with a retrovirus expressing a functional EBNA1 mutant lacking the Gly-Ala repeats. Hsp90 inhibitors prevent EBV transformation of primary B cells, and strongly inhibit the growth of EBV-induced lymphoproliferative disease in SCID mice. These results suggest that Hsp90 inhibitors may be particularly effective for treating EBV-induced diseases requiring the continued presence of the viral genome.
|Antigenic complementarity between coxsackie virus and streptococcus in the induction of rheumatic heart disease and autoimmune myocarditis.
Robert Root-Bernstein, Jessica Vonck, Abigail Podufaly
Autoimmunity 42 1-16 2009
Show Abstract
A variety of clinical, epidemiological, and experimental data suggest that rheumatic heart disease and autoimmune myocarditis are not only similar in their pathogenesis, but may often be due to combined infections with coxsackie virus (CX) and streptococcus A bacteria (SA). This paper reviews the evidence for this hypothesis, provides some new experimental data supporting the hypothesis, and suggests specific experiments for testing it. While, it is well-established that the M protein of SA mimics myosin, we demonstrate using homology search tools that various CX proteins mimic actin. We further demonstrate that antibody against CX recognizes actin as an antigen, and that anti-actin antibodies recognize CX antigen. Thus, anti-CX antibodies may also target muscle. Moreover, since myosin and actin are molecularly complementary, it follows that some SA and CX proteins may be molecularly complementary. Some antibodies against these complementary proteins in SA and CX should therefore act like idiotype-antiidiotype antibodies. We show that, indeed, CX and SA antibodies precipitate each other. Thus, it is possible that combined CX-SA infections produce more severe disease by producing pairs of idiotypic antibodies that act like antiidiotypic antibodies as well, thereby, disregulating immune control and triggering an autoimmune reaction against both myosin and actin simultaneously. We predict that combinations of the appropriate actin- and myosin-like antigens from CX and SA will, therefore, be much more autoimmunogenic than antigens from CX or SA alone, and that the combination will not require use of adjuvants or self-proteins that many current protocols require. It is possible that co-infections involving CX or SA with other infectious agents may produce similarly enhanced disease.
Data Sheet
|Rabbit anti-Sheep IgG, Peroxidase Conjugated - Data Sheet


text:
Our favorite fizzy discoveries
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Complete with bagels, booze, and plenty of walking.
A wandering day spent with good art, fresh food, and a trip to the spa.
The weather's turning, so get outside.
Prepare for your next cold-weather getaway.
The classic weekender destination never goes out of style.


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HICKSVILLE, NY (TIP): At the curtain raiser to the IDP USA-India Day Parade 2016, organizers expressed confidence that the parade will draw a bigger number of people and will be larger in size.
Organizers informed that India Day Parade in Hicksville will be organized on Saturday, August 6, 2016 from 3PM onwards. The parade will start from 415 S. Broadway. The culmination of the India Day celebrations will be an entertainment program. The parade came into existence 5 years ago when some of the leading members came forward. The current Advisory Board has y – Bobby K. Kalotee, Indu Jaiswal, Kamlesh Mehta, Jagdish Sewhani, Dr. Raj Bhayani, Peter Bheddah, Dr.Bhavani Srinivasan & Dr. Dev Ratnam. as members.
Hosted by Bobby K. Kalotee and Jagdish Sewhani, the curtain raiser was attended by several community and organization leaders. Dr. Udit Raj congratulated the team for their continued success and provided best wishes for bigger and better parade.
Mrs. Beena Kothari, President of the IDP USA India Day Parade said, "There will be some exciting news coming along with Grand Sponsors and a distinguished public figure/celebrity as the Grand Marshal. Several elected officials, organization groups, leaders will be in presence with bands, dances, rocking entertainment and shopping opportunities through the evening." Several distinguished community leaders have shown enormous excitement by stepping forward to volunteer. Mrs. Kothari announced her 2016 Parade Executive Council and applauded them for their distinguished contribution and support so far.
The 2016 Parade Committee was announced as below: Jay Singh, Harish Thakkar & Bunty Shah (Vice President) ; Flora Parekh (Secretary); Mukesh Modi (Treasurer); Vimal Goyal & Gautam Sanghavi (Finance); Nilima Madan (Floats & Cars);Vijay Goswamy & Sneha Shah (Booths & Tents); Pradip Parekh (Souvenir); Ajay Batra (Media);Jaya Bahadkar (Cultural); Bina Sabapathy (Marching Groups); Sushil Khanna(Security); Shikha Sehgal (Public Relations); Indira Seet (Community Resource); Jyoti Jikaria (Kids Forum); Kenny Eipstein(IT); Shashi Malik / Anu Gulati (Badges/Sashes); Bharat Goradia & Suhaag Mehta (Entertainment) and several other committee members namely Nishi Bahl; Rekha Chichara; Jyoti Gupta; Amita Karwal; Simran Katyal;Paresh Parekh;Raksha Parekh;Mitesh Parikh;Vipul Sanghavi;Sital Shah; Zinda Singh; Ashok Varshney and many more.
"We have several opportunities to participate – as a float, car or booth sponsor, as a business advertiser to our souvenir which is a he opportunity to showcase your business; complimentary march and advertise your group /organization by joining as a Marching group, exhibit your exceptional talent by participating in our cultural program; be an esteemed sponsor, supporter in many other ways. Any help and every help is welcome" Said Beena Kothari.
"Come one, Come all! This is OUR Parade" Says Bobby K. Kalotee. Several Float, Car and booth sponsors generously came forward during and around the event expressing their generous support to the parade and thereby to the community.
Dr. Udit Rajhonored Beena Kothari with a medal and citation of appreciation for her tireless, selfless andcontinued work and leadership to the community. Several distinguished past presidents, advisors,community leaders expressed their thoughts and best wishes for the continued and growing successof the parade. New updated www.idpusany.org website has easy access to donation buttons, forms,flyers and needed material, was launched.
(Based on Press Release by Flora Parekh, Secretary – IDP USA Inc)


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Red Roof Inn Champaign: Find photos, reviews, information, amenities and compare prices for 2 stars hotels in Champaign City, United States.
Situated in Champaign City, Red Roof Inn Champaign is within easy reach of University of Illinois at Urbana-Champaign and Memorial Stadium. It also features a 24-hour reception and a vending machine.
Hotel description
Every comfortable room at Red Roof Inn has heating and a private bathroom, as well as all the essentials required for an enjoyable stay.
The area around the hotel has a variety of restaurants and cafés. Astronomical Observatory-University of Illinois at Urbana-Champaign, the Spurlock Museum and Business Instructional Facility are also a quick drive from the property.
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mooimages Photographer
Michelle HavenModel Female Las Vegas, Nevada, US
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September 24, 2009
KERRY INC., PLAINTIFF,v.MID-AMERICA COLD STORAGE, L.L.C. DEFENDANT.
MURPHY, District Judge
Plaintiff, Kerry Inc., filed this action in July 2009, seeking to invoke federal subject matter jurisdiction pursuant to 28 U.S.C. § 1332(c). Kerry Inc. is a Delaware corporation with its principal place of business in Wisconsin. (See Doc. 2, para. 1). Unfortunately, however, the Court cannot discern from the complaint whether the defendant, Mid-America Cold Storage, L.L.C. ("Mid-America"), is a diverse citizen (and the answer recently filed by Mid-America sheds no light on the issue).*fn1
"[I]n a diversity case, whenever there is an unconventional party (that is, someone or something other than either a natural person suing in his own rather than a representative capacity, or a business corporation) a jurisdictional warning flag should go up." Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998). In C.T. Carden v. Arkoma Associates, 494 U.S. 185 (1990), the Supreme Court articulated the general rule that "every association of a common law jurisdiction other than a corporation is to be treated like a partnership." Indiana Gas Co. v. Home Ins. Co., 141 F.3d 314, 317 (7th Cir.), cert. denied,119 S.Ct. 339 (1998). Congress has chosen to establish special rules for determining the citizenship of certain kinds of associations - specifically, corporations, decedents' estates, and insurers named as defendants in direct actions, see 28 U.S.C. § 1332(c); however, because the statute is silent with respect to limited partnerships and limited liability companies, the Court must "apply the norm that all unincorporated associations are treated as partnerships." Indiana Gas, 141 F.3d at 318. Unincorporated business entities, i.e., limited partnerships and limited liability companies, are treated as citizens of every state of which any partner or member is a citizen. Id. at 316-17. If Mid-America is in fact a limited liability company as alleged, the Court must know the citizenship of each of its members. And finally, an allegation based upon "information and belief" is insufficient to invoke this Court's jurisdiction. See America's Best Inns, Inc. v. Best Inns of Abilene, L.P.., 980 F.2d 1072, 1074 (7th Cir. 1992).
"[S]ubject matter jurisdiction must be a matter of certainty and not of probabilities," Murphy v. Schering Corporation, 878 F. Supp. 124, 125-26 (N.D. Ill. 1995), and, at this time, the Court is not satisfied that jurisdiction exists. See Tylka v. Gerber Prods. Co., 211 F.3d 445, 447 (7th Cir. 2000) (noting that federal courts are obligated to inquire sua sponte whenever a doubt arises as to the existence of federal jurisdiction). "[W]hile a court must dismiss a case over which it has no jurisdiction when a fatal defect appears, leave to amend defective allegations of subject matter jurisdiction should be freely given." Leaf v. Supreme Court of Wis., 979 F.2d 589, 595 (7th Cir. 199). Accordingly, pursuant to 28 U.S.C. § 1653, Plaintiff shall file, on or before October 15, 2009, an amended complaint that properly invokes this Court's subject matter jurisdiction. Failure to do so will result in the dismissal of this action for lack of federal subject matter jurisdiction.
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GARFIELD - A fire ripped through a multiuse building before spreading to another in Garfield Sunday morning.
Multiple fire departments from across the region assisted the Garfield Fire Department in battling the blaze that began just before 9 a.m. According to fire officials, the fire ignited at 101 Jewell St. and quickly spread to 103 Jewell St.
One of the buildings houses a beauty salon on the first floor. The other building is home to a convenience store. Apartments are located above both businesses.
Officials say everyone evacuated the buildings safely, but six residents were treated for smoke inhalation and two firefighters reportedly suffered minor injuries.
A third building was also damaged, but residents will be able to move back into that building.