text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
September 23, 2010
SUSSEX COMMONS OUTLETS, L.L.C., PLAINTIFF-APPELLANT,v.CHELSEA PROPERTY GROUP, INC. AND CPG PARTNERS, L.P., DEFENDANTS-RESPONDENTS.
On appeal from Superior Court of New Jersey, Law Division, Sussex County, Docket No. L-554-03.
Argued April 13, 2010
Before Judges Fuentes, Gilroy and Simonelli.
The dispute in this case involves an outlet shopping center, which plaintiff Sussex Commons Outlets, LLC seeks to develop in the Ross Corner section of Frankford Township in Sussex County to be known as Sussex Commons Lifestyle Outlets (Sussex Commons). Plaintiff filed a complaint against defendants Chelsea Property Group, Inc. and CPG Partners, L.P. (collectively "defendant") claiming tortious interference with prospective business advantage, unfair competition, and prima facie tort stemming from defendant's alleged attempts to impede the development of Sussex Commons. Plaintiff appeals from the February 25, 2004 Law Division order granting defendant's Rule 4:6-2(e) motion to dismiss the unfair competition claim, and from the February 25, 2008 order granting defendant's summary judgment motion, dismissing plaintiff's tortious interference claim.*fn1 We affirm.
Defendant is engaged in the outlet shopping center industry. It owns and operates outlet malls, including two at issue here: Woodbury Common Premium Outlets, located in Central Valley, New York (Woodbury Common), and The Crossings Premium Outlets, located in Tannersville, Pennsylvania (The Crossings). The terms "Premium Outlets Center" and "Premium Outlets" are defendant's trademarks.
Outlet shopping malls consist of retail shopping space and supporting facilities specifically planned and designed to accommodate manufacturer-operated outlet retail stores that sell primarily first-quality, brand-name and designer goods at significant discounts from regular department and specialty store prices. Although a typical regional shopping mall has a five- to fifteen-mile trade area, an outlet mall's trade area extends much further.
Woodbury Common is one of the largest, most successful and productive outlet malls in the United States. It is the "crown jewel" of the outlet industry and a highly desirable location for retailers. It has over two hundred tenants representing nearly every significant outlet retailer in the country. It serves much of the New York market, and its market trade area is greater than sixty miles from its location. The Crossings is one of the "top ten" outlet malls in the United States and contains approximately one hundred outlet stores. It is accessible by Interstate 80, and its market trade area includes New York.
Defendant considered the Ross Corner location as posing a threat of competition to Woodbury Common and The Crossings. When a developer expressed an interest in developing an outlet center at that location in 1998, defendant responded by entering into a lease with a tenant at Woodbury Common that would require the tenant to compensate defendant if the tenant leased an outlet store at Ross Corner; however, the development never occurred.
In early 2003, plaintiff announced its plan to develop Sussex Commons at Ross Corner. Plaintiff's marketing materials announced that Sussex Commons "will combine the welcoming feel of a colonially-inspired village with an upscale shopping experience. It will include 328,000 square feet of outlets, over 90 premium brand retailers, restaurants and eateries, and five out parcels." (Emphasis added.)
Plaintiff's marketing material also announced its intent to draw shoppers to Sussex Commons from the New York and Pennsylvania market trade areas encompassed by Woodbury Common and The Crossings. For example, one marketing document stated, "Within 50 miles of [Ross Corner] is a population of almost 13 million potential shoppers. According to the most recent Gallup Study of the Outlet Industry approximately 63% of Outlet Shoppers travel up to one hour, well within the commute of this population of 13 million people." Google maps in the record reveal that Ross Corner is 44.2 driving miles from Woodbury Common and 45.2 driving miles from The Crossings. Another marketing document identified Sussex Commons' market trade area as including Orange County, New York, where Woodbury Common is located, and Warren County, New Jersey, and Pike County, Pennsylvania, which are immediately adjacent to The Crossings. Plaintiff's leasing material stated that Ross Corner is a "quick trip for the New York City shopper (55 minutes)." Plaintiff's expert conceded that Woodbury Common's market trade area extended "40-something miles."
Plaintiff's marketing material also announced its intent to market Sussex Commons as an alternative to Woodbury Common and The Crossings. For example, a map in plaintiff's marketing material shows Ross Corner as being located midway between Woodbury Common to the east and The Crossings to the west and depicts Woodbury Common and The Crossings as within the fifty-mile radius from which Sussex Commons would draw shoppers. Another document states that "Outlet customers must travel either East to Woodbury Common and pay New York Sales Tax or West to The Crossings."
Defendant viewed Sussex Commons as a competitive threat to its percentage market share and did not want the outlet center built. Thus, in order to protect its business interests, defendant negotiated a radius clause or a site-specific clause in leases with certain tenants at Woodbury Common and/or The Crossings. For example, plaintiff's lease with Phillips-Van Heusen Corporation (Van Heusen) contains a radius clause providing that Van Heusen will not own or operate an outlet store within a thirty-five mile radius of The Crossings. Plaintiff's lease with Jones New York contains a site-specific clause providing that, in lieu of a specific radius, Jones New York would not own or operate an outlet store in Sussex Commons.*fn2
Some leases contained forty-five- or sixty-mile radius clauses.
A radius clause, which is commonly used in leases in the outlet center industry, protects the landlord's market trade area from competition, the landlord's interest in percentage rent, and the exclusivity of the landlord's tenant mix. The inclusion of a radius restriction in a lease, and its scope, are generally the result of negotiations between the landlord and tenant.
Because rent amounts in shopping center leases typically include a percentage of the retailer's sales at that location, shopping center owners often seek to maximize rent payments by negotiating a radius clause. Plaintiff was well-aware of the use of radius clauses in outlet center leases. In fact, its lease proposals to prospective tenants at Sussex Commons contained a twenty-five-mile radius clause, and its principals had involvement with radius clauses extending as far as sixty miles.
The radius clauses defendant negotiated with tenants at Woodbury Common and The Crossings do not prevent those tenants from owning or operating an outlet store within the stated radius or at Sussex Commons. Rather, the clauses provide for an "added sales remedy," which increases the tenant's rent in accordance with a formula based on sales at the new outlet store. The purpose of the clause is to compensate defendant for anticipated lost sales if the tenant opens an outlet store within the radius or at the specific site. In conjunction with the radius clause, defendant gave tenants reduced rent as a trade-off. Defendant was also willing to waive the radius clause depending on the tenant and the situation.
Plaintiff solicited one hundred and eighty-eight prospective tenants. One hundred and nine of those prospective tenants are tenants at Woodbury Common and/or The Crossings, and fifty-seven had a radius clause that encompassed Sussex Commons.
Plaintiff claims that defendant threatened and intimidated its tenants to accept a radius clause in order to prevent them from executing leases with plaintiff, making it impossible for plaintiff to successfully develop Sussex Commons. However, this claim is not supported by any competent evidence.*fn3 To the contrary, the deposition testimony of representatives of six of defendant's tenants who declined to lease at Sussex Commons did not attribute the decision to defendant's conduct but rather to reasons having nothing to do with defendant. Moreover, none of defendant's tenants have joined in this litigation or challenged their radius or site-specific clause.
In connection with developing Sussex Commons, plaintiff had to obtain a number of governmental permits, licenses, and approvals relating to zoning, sewerage, roads, environmental concerns, and fire protection. Also, Frankford Township had to obtain "town center" designation from the New Jersey Office of Smart Growth (OSG) in order for plaintiff to obtain many of the approvals required by other State agencies, including the New Jersey Department of Environmental Protection.
As of May 2007, plaintiff had received approval from the New Jersey Department of Transportation to make road alterations at Ross Corner and had entered into an agreement with the Sussex County Municipal Utilities Authority. Plaintiff also had received preliminary major site plan and subdivision approval.
However, a wastewater management plan and issues regarding Frankford Township's housing element remained unresolved.
Plaintiff claims that in addition to the radius clauses, defendant's wrongful actions include "thwarting" its application for government approvals by the hiring a prominent lobbyist to "squelch" Frankford Township's application for "town center" designation. However, defendant did not retain the lobbyist to perform lobbying services. Rather, defendant retained the lobbyist to perform non-lobbying services, including obtaining information about the OSG's process and information from relevant government agencies. Although the lobbyist had several conversations with the OSG's director to gather information about the progress of Frankford Township's application for "town center" designation, there is no evidence that the lobbyist tried to influence the OSG's decision.
Sussex Commons has also drawn substantial public opposition. A group known as the Citizens for Responsible Development at Ross Corners (CRDRC) opposed the development of Sussex Commons and filed objections to several of plaintiff's applications. Defendant made contributions to the CRDRC, including monies to fund a traffic study. Plaintiff claims that defendant secretly funded the CRDRC and concealed this conduct.
Plaintiff filed a complaint on October 7, 2003, and an amended complaint on October 31, 2003. On December 2, 2003, defendant filed a motion to dismiss the amended complaint pursuant to Rule 4:6-2(e) for failure to state a claim upon which relief can be granted. In a February 25, 2004 written decision, the trial judge granted the motion in part, dismissing plaintiff's unfair competition and prima facie tort claims without prejudice. The judge found that plaintiff had not alleged that defendant misappropriated any commercial property belonging to plaintiff, and thus, plaintiff failed to plead a prima facie case for unfair competition.
On January 6, 2006, plaintiff filed a second amended complaint also including additional facts relating to defendant's alleged attempt to prevent the development of Sussex Commons. On June 29, 2007, defendant filed a summary judgment motion. In a February 25, 2008 oral decision, the trial judge granted the motion and dismissed the second amended complaint with prejudice. The judge found that Sussex Commons would compete with Woodbury Common and The Crossings, stating,
In the [marketing materials] it said 'Outlet customers must travel either east to Woodbury Common[] and pay New York sales tax or west to Tannersville, Pennsylvania.'... I think a fair understanding of the geography of the marketing literature and of the economic reality is that... these are very, very large outlet centers. They draw their customers... from a fairly broad area. And Sussex Commons was marketing itself as someone who was going to go into an area between the Woodbury Common and The Crossings, and provide an alternate location for people to bring their dollars.... Sussex Commons was projecting to take a portion of... market share from [Woodbury Common and The Crossings]. That is a fair understanding of the various documents that have been presented.... [P]articularly I think it's crystalized in some of these marketing documents.
Reduced to fairly simple terms,... Sussex Commons... proposes to tuck itself in between [Woodbury Common and The Crossings]. [Plaintiff] want[s] a part of that market share... and [defendant] does not want to give it up.
....... [E]conomically, when all is said and done, the question is where are the customers going to take their dollars to buy their goods. And... getting back... [to] the plaintiff's marketing documents, [plaintiff] want[s] to get outlet customers, who now have to travel east or west, to stop doing that and come to [Sussex Commons] with their dollars.
Addressing whether the means defendant used to prevent competition were within the CRDRC was not fraudulent or illegal, but rather speech protected by the Noerr-Pennington doctrine.*fn4
The judge also found that defendant's reduced rent incentives and radius clauses were not illegal or fraudulent. Rather, defendant had "the right under the banner of competition to try to prevent the Sussex Commons project from being built and luring customers away from Woodbury Common[] and [The Crossings]." In sum, the judge found that:
The defendant wanted very much not to allow [Sussex Commons] to be built. [Defendant] did a whole variety of things to prevent [Sussex Commons] or at least impair [it] from being built at... Ross Corner[] including using radius restrictions and/or penalty provisions or a specific disqualification[] in leases and things of that nature. But as the point is made, I think very clearly in Ideal Dairy [Farms, Inc. v. Farmland Dairy Farms, Inc., 282 N.J. Super. 140 (App. Div.), certif. denied, 141 N.J. 99 (1995)], that if you have a legitimate business reason for those actions, you can do them as long as they are not illegal or fraudulent.
I note that looking at radius restrictions,... plaintiff, itself, [used] radius restrictions in [leases] that they propose. They include radius restrictions. So in that very basic sense [radius restrictions are] not outside the rules of the game.
[I] find that the defendant is not obligated to allow someone else to come in and take a market share. The restriction that [defendant has] is that [it] can't do it through illegal or fraudulent or dishonest means. I don't find that any of the means that have been laid out here are... fraudulent, dishonest or illegal.... Everybody knows what the leases say. And I think everybody understands what their effect and intent is. But I don't think they are illegal documents Parenthetically, if any of the tenants had challenged the radius restriction clauses --and it's interesting to note they're not part of this action, and to my knowledge they haven't, themselves, attacked the restriction clauses,.... The prospective tenants have to make choices in terms of what leases they enter into and what's in their economic interest to acquiesce in or not acquiesce in. I do think there's a very real sense in which this conduct... does prevent entry of the Sussex Commons project into the market. That was [defendant's] stated intention, to stop the project, to prevent entry. This is not an antitrust case. And as my understanding of the law is now, that that kind of competition is countenanced.
Relying on Ideal Dairy Farms, Inc., the judge concluded that plaintiff failed to establish malicious interference. This appeal followed.
Plaintiff contends that in granting summary judgment on its tortious interference claim, the trial judge improperly found that Sussex Commons will compete with Woodbury Common and The Crossings, which is a disputed issue of fact. Plaintiff argues that there will be no competition because Sussex Commons is not a "Premium Outlet Center," and therefore will offer different products than those offered at Woodbury Common and The Crossings; Sussex Commons' market trade area was only twenty miles from Ross Corner, and thus will serve a different market trade area; and Sussex Commons would only affect one percent of Woodbury Common sales and would not materially impact it. We disagree.
Our view of a ruling on summary judgment is de novo, applying the same legal standard as the trial court. Chance v. McCann, 405 N.J. Super. 547, 563 (App. Div. 2009). Thus, we consider, as the trial judge did, "'whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.'" Liberty Surplus Ins. Corp. v. Nowell Amoroso, P.A., 189 N.J. 436, 445--46 (2007) (quoting Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 536 (1986)). Summary judgment must be granted "if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a judgment or order as a matter of law." R. 4:46-2(c). If there is no genuine issue of material fact, we must then "decide whether the trial court correctly interpreted the law." Massachi v. AHL Servs., Inc., 396 N.J. Super. 486, 494 (App. Div. 2007), certif. denied, 195 N.J. 419 (2008) (citing Prudential Prop. & Cas. Ins. Co. v. Boylan, 307 N.J. Super. 162, 167 (App. Div. 1998)).
Applying these standards, we are satisfied that the overwhelming evidence in this case leaves no doubt that Sussex Commons would compete with Woodbury Common and The Crossings. Sussex Commons' market trade area extends well beyond twenty miles from Ross Corner and overlaps Woodbury Common's and The Crossings' market trade areas. Sussex Commons unequivocally sought to draw shoppers from Woodbury Common's and The Crossings' market trade areas, and to offer them an "upscale shopping experience" with "over 90 premium brand retailers[.]" Plaintiff's solicitation of Woodbury Common's and The Crossings' premium brand retail tenants underscores this fact.
Further, plaintiff's unfair competition claim belies its insistence that there will be no competition. Inherent in that claim is that there was, in fact, competition between the parties. Accordingly, the trial judge correctly concluded that Sussex Commons would compete with Woodbury Common and The Crossings.
Plaintiff contends that in dismissing its tortious interference claim, the trial judge misread Ideal Dairy Farms, Inc. to require that defendant's conduct must be fraudulent, dishonest, or illegal in order to be actionable. Plaintiff also contends that the judge failed to incorporate a "reasonableness" element into the "rules of the game" standard (i.e., that defendant's conduct should be nothing more than reasonably necessary to protect a legitimate business interest). Plaintiff argues that the use of forty- and sixty-mile radius restrictions was unreasonable under the circumstances and inconsistent with industry practices; the use of such restrictions effectively prevented plaintiff from attracting sufficient tenants to develop Sussex Commons; and defendant had no legitimate interest in preventing Sussex Commons from being developed. Plaintiff also contends that the means defendant used were unlawful in that defendant created a monopoly and engaged in extortion, money laundering, and perjury/false swearing. Again, we disagree.
"An action for tortious interference with a prospective business relation protects the right to pursue one's business... free from undue influence or molestation." Lamorte Burns & Co. v. Walters, 167 N.J. 285, 305 (2001) (citing Printing Mart- Morristown v. Sharp Electronics Corp., 116 N.J. 739, 750 (1989)); see also Ideal Dairy Farms, Inc., supra, 282 N.J. Super. at 198. In order to succeed on such a claim, the "plaintiff must show that it had a reasonable expectation of economic advantage that was lost as a direct result of the defendants' malicious interference, and that it suffered losses thereby." Lamorte Burns, supra, 167 N.J. at 305-06 (citation omitted); see also Printing-Mart Morristown, supra, 116 N.J. at 751--52; Ideal Dairy Farms, Inc., supra, 282 N.J. Super. at 198-- 99.
The term "malicious" for purposes of tortious interference does not mean ill will, "rather, it means that harm was inflicted intentionally and without justification or excuse." Lamorte Burns, supra, 167 N.J. at 306 (citation omitted). Determination of malice is made on an individualized basis, based on a flexible standard, "viewing the defendant's actions in the context of the facts presented." Ibid. "[T]he relevant inquiry is whether the conduct was sanctioned by the 'rules of the game,' for where a plaintiff's loss of business is merely the incident of healthy competition, there is no compensable tort injury." Ibid. "The line is clearly drawn at conduct that is fraudulent, dishonest, or illegal..." Id. at 307. "[T]he gravaman of a claim for tortious interference with prospective advantage... is that the defendant's conduct was somehow legally wrongful...." Ideal Dairy Farms, Inc., supra, 282 N.J. Super. at 204 (citation omitted).
Plaintiff cites no authority supporting its contention, nor does Ideal Dairy Farms, Inc. suggest, that the "rules of the game" standard in a tortious interference case should include a "reasonableness" element. We conclude that in the context of tortious interference the proper standard is whether the defendant's conduct was fraudulent, dishonest, or illegal or violated the "rules of the game."
"Although competition may constitute a justification [to a tortious interference claim], a defendant[-competitor] claiming a business-related excuse must justify not only its motive and purpose, but also the means used." Lamorte Burns, supra, 167 N.J. at 307 (citation omitted); see also Ideal Dairy Farms, Inc., supra, 282 N.J. Super. at 199. Unless a competitor employed "wrongful" means, it "is insulated from [a] tortious interference claim under the cloak of competitor's privilege." E Z Sockets, Inc. v. Brighton-Best Socket Screw Mfg. Inc., 307 N.J. Super. 546, 560 (Ch. Div. 1996), aff'd o.b., 307 N.J. Super. 438 (App. Div. 1997).
In this case, there is no dispute that defendant was motivated by its concern that competition from Sussex Commons would result in the loss of a percentage market share at Woodbury Common and The Crossings. Accordingly, the trial judge properly concluded that defendant had a legitimate business justification for its actions. The question, therefore, is whether the means defendant used ---- radius clauses, lower rent incentives, lobbying the OSG, and providing financial support to the CRDRC ---- were fraudulent, dishonest, or illegal or violated the "rules of the game."
Plaintiff cites no authority addressing tortious interference in the context of radius clauses. It also does not contend that radius clauses generally do not serve a legitimate business interest or are fraudulent, dishonest, illegal, or violate the "rules of the game." To the contrary, the evidence shows that radius clauses are common in the outlet mall industry, plaintiff used them in leases with prospective tenants for Sussex Commons, and plaintiff's principals have experience with fifty- or sixty--mile radius clauses. Plaintiff merely argues that the radius clauses defendant used in this case are not reasonable; however, as we previously stated, reasonableness is not the standard in a tortious interference case.
With respect to the lower rent incentives defendant gave to tenants, we have noted in an analogous situation that a competitor may legally target a rival company by "aggressively cut[ting] costs below what may be necessary... in order to increase [its] market share, and there is no demonstrated restraint of trade, and no possibility of a later monopoly situation...." Ideal Dairy Farms, Inc., supra, 282 N.J. Super. at 204 (internal quotation marks and citation omitted). Thus, "it is both reasonable and sound, as a matter of policy, to recognize that low-cost pricing which is neither predatory nor restrictive of competition is justified by the forces of competition and does not provide a basis for a claim of tortious interference." Id. at 204--05.
In Ideal Dairy Farms, Inc., supra, 282 N.J. Super. at 151-- 52, a dispute arose between the plaintiff-milk distributor and the defendant-milk processor after the plaintiff ended its business relationship with the defendant and the plaintiff became a dealer and distributor of another milk processor. In response, the defendant offered to sell milk to the plaintiff's customers at substantially lower prices, resulting in plaintiff's temporary loss of many of its customers to defendant. Id. at 152. Eventually, plaintiff was forced to sell to most of those customers at substantially lower prices. Ibid. We concluded that the plaintiff failed to establish the requisite malice for tortious interference. Id. at 200. Despite the existence of "rank animosity" and ill-will between the parties, we found that the defendant's conduct did not violate the "rules of the game," and defendant had a valid business justification for its conduct, namely the loss of sales when the plaintiff terminated the parties' business relationship. Id. at 200--01. The existence of apparent near-predatory pricing by the defendant did not alter our conclusion. see id. at 202--04. We emphasized that "[t]o hold otherwise would countenance an unnecessarily broad rule which could potentially interfere with legitimate competition." Id. at 205.
Here, defendant sought to protect its market share at Woodbury Common and The Crossings. As in Ideal Dairy Farms, Inc., defendant, therefore, had a valid business justification for its actions.
As for hiring a lobbyist, there is no evidence that the lobbyist did anything to interfere with plaintiff's application before the OSG. Moreover, any lobbying effort, as well as defendant's involvement with the CRDRC, is permitted by the Noerr-Pennington doctrine, which states that pursuant to the right of petition protected by the Bill of Rights, commercial entities that lobby to influence government decision-making do not violate antitrust laws even if premised on the intent to eliminate competition. United Mine Workers, supra, 381 U.S. at 670, 85 S.Ct. at 1593, 14 L.Ed. 2d at 636; E.R.R. Presidents Conference, supra, 365 U.S. at 138, 81 S.Ct. at 530, 5 L.Ed. 2d at 471. Although the United States Supreme Court has declined to extend the Noerr-Pennington doctrine beyond antitrust law, lower federal courts have extended the doctrine to tortious interference cases. Snyder v. Am. Ass'n of Blood Banks, 144 N.J. 269, 295 (1996).
We decline to address plaintiff's monopoly contention, as there is no antitrust claim in this case. We also decline to address plaintiff's extortion and perjury/false-swearing contentions, as plaintiff did not raise these contentions below, and no exception applies. Alloway v. Gen. Marine Indus., L.P., 149 N.J. 620, 643 (1997) Nieder v. Royal Indem. Ins. Co., 62 N.J. 229, 234 (1973). Besides, these contentions lack merit. There is no evidence that defendant obtained property by materially harming another, an element required to prove extortion, N.J.S.A. 2C:20-5, or made a false statement under oath or affirmation, an element required to prove perjury, N.J.S.A. 2C:28-1(a). Plaintiff's money laundering contention also lacks merit, as there is no evidence that defendant engaged in a transaction involving property which defendant knew or reasonably believed was derived from criminal activity, an element required to prove money laundering. N.J.S.A. 2C:21-25.
Plaintiff contends that the trial judge erred in dismissing its unfair competition claim by viewing the claim as limited to misappropriation of another's property. Although we agree, we nonetheless affirm the dismissal of this claim.
Our review of the dismissal of an action under Rule 4:6-2(e)for failure to state a claim "is limited to examining the legal sufficiency of the facts alleged on the face of the complaint." Printing Mart-Morristown, supra, 116 N.J. at 746 (citation omitted). We must "search[] the complaint in depth and with liberality to ascertain whether the fundament of a cause of action may be gleaned," and use "a generous and hospitable approach" to the plaintiff's allegations of fact. Ibid.
New Jersey courts have noted that, in essence, unfair competition is a business tort, generally consisting of the misappropriation of a business's property by another business. See, e.g., N.J. Optometric Ass'n v. Hillman-Kohan Eyeglasses, Inc., 144 N.J. Super. 411, 427 (Ch. Div. 1976), aff'd, 160 N.J. Super. 81 (App. Div. 1978). "The misappropriation usually takes the form of the 'palming off' or 'passing off' of another's goods as [one's] own...." Id. at 428. However, the tort has also been described in broader terms: "There is no distinct cause of action for unfair competition. It is a general rubric which subsumes various other causes of action." C.R. Bard, Inc. v. Wordtronics Corp., 235 N.J. Super. 168, 172 (1989). A federal district court has referred to the "amorphous nature" of unfair competition that "makes for an unevenly developed and difficult area of jurisprudence." Coast Cities Truck Sales, Inc. v. Navistar Int'l Transp. Co., 912 F. Supp. 747, 786 (D.N.J. 1995). The common law tort of unfair competition historically has been considered a subspecies of the class of torts known as tortious interference with business or contractual relations. See Restatement (Third) of Unfair Competition § 1 comment g (1995).
Competition "necessarily contemplates the probability of harm to the commercial relations of other participants in the market.... Liability is imposed only... in connection with harm resulting from particular methods of competition determined to be unfair." Id. §1 comment a. "The freedom to compete implies a right to induce prospective customers to do business with the actor rather than with the actor's competitor's." Ibid. While "[c]ertain recurring patterns of objectionable practices form the basis of... traditional categories of liability [for unfair competition,]... these [practices] do not fully exhaust the scope of... liability for unfair methods of competition.... "Id. §1 comment g. Nonetheless, "courts have generally been reluctant to interfere in the competitive process." Ibid.
The Restatement refers to "harm," not misappropriation, and it does not restrict that harm to misappropriation of business property. See id. §1. Thus, the trial judge in this case took too restrictive a view of what plaintiff had to allege in order to establish the tort of unfair competition. However, plaintiff concedes that its unfair competition claim is only a subspecies of its tortious interference claim and that both claims are grounded on the same facts. Because we have found that plaintiff's tortious interference claim was properly dismissed, we discern no reason to reverse the unfair competition claim. Accordingly, we affirm the dismissal of plaintiff's unfair competition claim but for reasons other than those relied upon by the trial judge. See Isko v. Planning Bd. of Livingston Twp., 51 N.J. 162, 175 (1968).
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
1905 Wright Flyer 68"
$3 USPS Economical Shipping:Online orders to all USA addresses.$6 USPS Economical Shipping:Phone orders to all USA addresses. See checkout for shipping options.
Match All Words
Match Whole Words Only
Match Any Words
Plug-Harnesses-Ys-Pigtails Category Link
We sell and use only Genuine W.S. Deans Plugs.
We sell and use only Genuine W.S. Deans Plugs.
LOOKING FOR A DEAL? Male or female and two or three wire single end leads/pigtails are quantity of 5 for $8, regularly $2 each. Select your option below.
Print Radical RC Mail/Fax Order Form
Voice: 937-256-7727
Fax: 937-256-7220
Email: email@example.com
Where the excitement is building!

subset: commoncrawl


text:
Our "Share the Experience" Camp STIX dinner auction is always an entertaining event and we're preparing for another incredible event! We're excited to announce we've changed venues. This year we'll be at the Spokane Convention Center!
Mark your calendar for Saturday, March 18th
and plan on joining us!
Click here to register!
This is our primary fundraiser of the year and ensures that we are able to create an incredible week for our campers! But we can't do it without you ~ we need your help!
For more information on how to get involved, please contact us at firstname.lastname@example.com
Camp STIX is an independent, community-based, summer camp located in Northeastern Washington for children and teens with diabetes throughout the Northwest. The camp is held at Riverview Bible Camp on the Pend Oreille River near Cusick, Washington. Camp STIX offers a one-week program for youth ages 8-16. See you there!
72 medical staff members including Medical Director, Education Director, and Medical Team members care for our campers 24/7. We have physicians, physician assistants, nurses, nurse practitioners, pharmacists, and many professional students to care for our campers.


text:
Chase is developing plastic-free ATMs that use mobile app to facilitate transactions
Similar Topics
Add New Comment
You need to be a member to leave a comment. Join thousands of tech enthusiasts and participate.
TechSpot Account
Sign up for free, it takes 30 seconds.
Already have an account? Login now.
|You may also...


text:
Home » Sports and Fitness » Sporting Activities » CoachUp Affiliate Program
The CoachUp affiliate program grants access to the nation's leading service connecting athletes and private coaches. They believe private coaching is the secret to reaching the next level in sports and life. They have the largest database of experienced coaches across 62 sports, from basketball to yoga.
Sign up with FlexOffers.com to learn more about the CoachUp affiliate program today!
*Please note we are not currently offering this affiliate program in our system, but similar programs in this category can still be found at FlexOffers.com.
Promote this program and similar ones on your website today. Register online, it's 100% free to join.
Do you have a business for our publishers to promote? Then become an advertiser today, it's
easy to get started.
Copyright © 2016 FlexOffers.com Affiliate Programs. All rights reserved.


text:
Holiday Inn London Brent Cross
Full service, modern, high-rise hotel catering for both business and leisure travellers.
This content has been supplied by Holiday Inn London Brent Cross
|Nightly rate:
|£73.00 to £203.00 (USD91.85) per room
This content has been supplied by Holiday Inn London Brent Cross
Venue Details & Map
Holiday Inn London Brent Cross
- Address
Tilling RoadLondonNW2 1LP
- Telephone:
- +44 (0)20 8201 8686
- Public transport:
- Brent Cross - 1 mile . Complimentary shuttle bus between 0800-2300, contact the hotel.
- Booking Facilities
- Coach parties accepted
- Catering Facilities
- Bar
- Halal options on menu
- Kosher options on menu
- Nut-free option on menu
- Vegetarian options on menu
- Children Facilities
- Children welcome
- Event Facilities
- Available for wedding receptions
- Conference rooms / Meeting rooms
- Event facilities
- General Facilities
- Guest lounge
- Internet access
- Ironing facilities
- Lifts
- On site parking
- Payment Facilities
- Credit cards accepted
- Debit cards accepted
- Euros accepted
- Group rates available
- Traveller cheques accepted
- Room Facilities
- Air conditioning
- Drink making facilities
- Hairdryer
- Central heating
- Telephone
- Television
- Service Facilities
- Currency exchange
- Laundry service / Dry cleaning
- Night porter
- Room service
TripAdvisor Reviews
Loading reviews for Holiday Inn London Brent Cross
Are you a representative of Holiday Inn London Brent Cross?
Respond to Reviews
Read more reviews on TripAdvisor
About TripAdvisor and Visit London
Please be advised that any comments, opinions and statements submitted herewith are entirely independent and do not represent views held by, or are in any way connected to visitlondon.com.


text:
- Izzyman
- Meksyk, Mężczyzna, 31-40
- Nowicjusz
- 5 Recenzje
The best place hands down in Tokyo. The first time I travel back to Japan which was in 2013 this was the first place I stayed just because I found it on the Internet and the fares seems great, a private room (a great value for a traveler) for an amazing rate. Then I fell in love instantly, the walk to the station is a great morning walk not far not short and you always find a store in the way for a nice morning treat. Only on my 4th visit I could find space again no wonder why is so hard.
- Anonimowy
- Francja, Mężczyzna, 25-30
- Nowicjusz
- 6 Recenzje
The neighborhood is not safe and dirty. The staff is cool but no more. The household is not clean too. I didn't recommend.
Mobilna aplikacja Hostelworld
Rezerwuj w dowolnym miejscu i czasie korzystając z nowej aplikacji mobilnej Hostelworld


text:
You have no items in your shopping bag.
Regular Price:
$ 94
Special Price
$ 57
Not sure of your shoe size? The following size chart will help you match the brand's size scheme for the sizes of their products (indicated in the dropdown menu) to your usual size. For extra size information, please check our Editor's Notes.
Product Code:
Style Number:
Channel cool urban vibes with Sparko Lace Up Sneakers from Boxfresh. With a red textured canvas, leather laces and contrast white sole, you can mix this classic pair up with cool streetwear!
Calabassas Desert Boots
Regular Price:
$ 123
Special Price
$ 60
Flashy Folded Collar Espadrilles
Regular Price:
$ 68
Special Price
$ 25
Carver Suede Sandals
Regular Price:
$ 33
Grey Canvas Men's Paseos
Regular Price:
$ 82
Special Price
$ 41
{{ doc.attr_nav_multi_attr_nav_select_designer[0]}}
Special Price {{ doc.formated_special_price}}
Special Price {{ doc.formated_price}}
Get the latest offers, trends & hottest new arrivals dropped to your inbox!


text:
Call our experts: 888.808.FINE
Secret Santa Weekend! Save 20% with CODE: SANTA20 Save 20% on Real Simple Holiday Cards thru 12/9 Select Personalized Notepads now $19.99
Select a quantity and printing method. Changes are easily made later.
This classic, oyster white invitation features a pearlized tiered border. Add your personalized text to complete the look.


text:
Southern Tales: The Patagonian Experience
4K , 1 x 60′
Two famous big mountain skiers, Thibaud Duchosal and Lucas Swieykowski, more used to the helicopter organized trips, have the crazy idea to climb three of the tallest volcanoes in deep Patagonia in less than a week, but their adventure will not be an easy one!
Check availability in your territory.
|Inquire Now


text:
Your source for SAP BI and BusinessObjects tutorials, best practices, and training content
The zoom functionality of BusinessObjects dashboards enables expanded views of any component. Get step-by-step instructions for using this feature to maximize BusinessObjects dashboard space and provide zoom functionality for expanded views.
Learn about the many interesting and useful new updates to SAP BusinessObjects Design Studio 1.6 that are included in SP02, and get detailed instructions using these innovative components.
SAP HANA Vora is a new solution for handling in-memory processing and analysis of Big Data on top of the Hadoop platform. Learn the concepts of SAP HANA Vora and how it works on Hadoop data. Also learn details about how it integrates with Apache Spark.
Open Data Protocol (OData) services power the back end of your SAPUI5 applications. Because OData is a web standard protocol, its flexibility makes it useful above and beyond Fiori applications. Paul Modderman proposes several alternate uses for OData are proposed, with examples to illustrate expanding your use of OData services.
This sample chapter (chapter 5) from Faisal Altaf's book, Introduction to ABAP: A Project-Driven Guide, is an overview of the ABAP Data Dictionary. The book uses the example of a point of sale project to introduce ABAP. As a current SAP Experts member you can read the eBook (online or download) with no extra charge at www.insider-books.com. Call SAP Experts customer service at 1-781-751-8755 or email firstname.lastname@example.com to request your free access to the complete eBook today.
BI Expert is a trusted online library of independent SAP information that gives you and your team the in-depth, technical, verified information you need to succeed.
Learn more >>
Frank Bulacher is the manager of SAP CH, Alstom Switzerland. He has over 14 years of BI experience in the U.S. and Europe.
Stephanie Huber is a senior consultant for business intelligence at Deloitte Consulting, with extensive SAP BI experience.
Rich Chlebek has 19+ years of SAP BI experience; currently, he's a director of business intelligence at BIPC.
SAP Experts is published by WIS Publishing, a division of Wellesley Information Services and the publisher of SAPinsider.
20 Carematrix Drive, Dedham, MA 02026 USA
Sales: 1-781-751-8880
Customer Service: 1-888-400-4768; email@example.com
Copyright © 2016 Wellesley Information Services. All rights reserved.
SAP and the SAP logo are trademarks or registered trademarks of SAP SE in Germany and several other countries.


text:
NSOpenGLView object maintains an
NSOpenGLPixelFormat and
NSOpenGLContext object into which OpenGL calls can be rendered. The view provides methods for accessing and managing the
NSOpenGLPixelFormat and
NSOpenGLContext objects, as well as notifications of visible region changes.
- Swift
- Objective-C
- macOS 10.10+
NSOpenGLView object cannot have subviews. You can, however, divide a single
NSOpenGLView into multiple rendering areas using the
glViewport function.
When creating an
NSOpenGLView object in Interface Builder, you use the inspector window to specify the pixel format attributes you want for the view. Only those attributes listed in the Interface Builder inspector are set when the view is instantiated.


text:
41 creativephotography 39 vanessapaxton 37 byvanessapaxton 33 vanessapaxtonprojects 27 50mm 24 idleawhile 18 shallowdof 14 smalldof 11 365 365days 365project 10 scarborough 6 summer creativeportraiture 5 yellow colorproject surreal red 4 mitchellleblanc f18 3 fears nature wind facesandtextures childhoodfears ocfd green fear theclotheslineproject storm lake destruction barbie flies blue dream flowersinhair alien redroses window jump facelessportrait thecolorprojectii laundryportrait apersonalproject laundryportraits queen theclothesline fashion hands disaster fog movement pink bokeh daydream pinktutu spring fly vanessapaxtoncreativephotography devastation fire butterflies reflections ballerina reflection floating daydreamer
17 50mm,vanessapaxton 16 50mm,creativephotography 15 50mm,byvanessapaxton creativephotography,vanessapaxton 50mm,vanessapaxtonprojects 12 creativephotography,idleawhile idleawhile,vanessapaxton 11 byvanessapaxton,idleawhile byvanessapaxton,creativephotography 50mm,idleawhile 10 creativephotography,vanessapaxtonprojects
vanessa.paxton 50
Flickr Hive Mind is a data mining tool for the Flickr database of photography. Flickr Hive Mind is a search engine as well as an experiment in the power of Folksonomies. All thumbnail images come directly
from Flickr, none are stored on Flickr Hive Mind. These photos
are bound by the copyright and license of their owners, the thumbnail links take to you to the photos
(as well as their copyright and license details) within Flickr. Because some other search engines (Google, etc.) index parts of
Flickr Hive Mind, you may have been led here from one of them. Welcome to Flickr Hive Mind, almost certainly the best search engine for photography on the web. If you are a Flickr
user and use Flickr Stats you
may have seen people being led to your photos via Flickr Hive Mind (as a Referrer).
Flickr requires that I inform you that Flickr Hive Mind uses the Flickr API, but is neither endorsed nor certified by them.
There are literally hundreds of other web tools built around the Flickr API, see
Flickr Bits for a bunch of examples.
If you are unhappy with your photos' presence on this site, you can (a)
make your photos private for yourself, friends, and family. These settings will be instantly honored by
Flickr Hive Mind and all other API-driven applications. (b) Hide your photos globally from text and tag searches on 3rd party sites that use the Flickr API, via your preference settings on Flickr. See the privacy tab at:
http://flickr.com/account/. To also remove yourself from searches for specific user names, you will need to set your Flickr profile to be hidden from searches. Flickr has finally created a single page with all these settings, this is much easier to do now and is the preferred method - it will shut down all API driven sites.
(c) Finally, you can
Banish Yourself
From Flickr Hive Mind. To banish yourself from Flickr Hive Mind, you must first authenticate to Flickr, which lets Flickr Hive Mind identify who you are. Once logged in, come back to this area
and there will be a link to banish you. If there are any problems email me at nosflickrhivemind ... at ... fiveprime ... dot ... org. (a few people with weird characters in their user names may have had problems)Log In To Flickr Now
Flickr Hive Mind is a data mining tool for the Flickr photography database, allowing search by: tags(keywords); Flickr photography groups; Flickr users, their contacts, and favorites; free text; the Flickr Explore algorithm for interestingness. Flickr Hive Mind can also be an effective tool to identify photography with licenses that allow non-commercial (and sometimes) commercial use. Written by:
Nathan Siemers.
Inspired by (and thanks to) Flickr Leech.
Dedicated to
Anna and her Flickritis.
If you find your login does not work, perhaps your browser has disabled the cookies that I use to track your session. Try telling your browser to accept them.
Flickr Hive Mind stores no
personal information nor photos,
but some general time and IP address information ends up in my apache server logs. For additional details see the privacy policy.
Any revenue generated through advertisement on this site is used only to cover the cost of keeping the site online, beyond that Fiveprime donates to charitable organizations (also, there are no ads on User pages). Flickr Hive Mind is currently consuming about 13.6 terabytes of network bandwidth per year (not including the photos themselves)!


text:
Friday 30 March 2012
Comedian and writer Rory McGrath discovered that counting lorries is harder than it seems when the beach is calling
Problems at work? Need advice? Our agony uncle – and readers – have the answers
• What can I do to get a hyperactive employee to calm down?
• Colleague broke my phone but won't buy a replacement
If the under-25s could run our biggest companies (average age of board member: 58), what would they do?
My wife has forced me to look at what I'm getting out of my various networking groups, not least because of their expense


text:
SA35/B100G - Sanding Belt 100Grit 10 x 330mm Pack of 5
Supplier: Jack Sealey Ltd | Brand: SEALEY | Product: SA35/B100G
Share this product
Details of SA35/B100G
o Super-flexible belts for Sealey and other mini belt sanders.
o Supplied in packs of five.
Barcode: 5024209157872
Warranty: Consumable
0.02 Kg
Copy the link below to feature this product in a forum post:


text:
Fixation was established in 1988 by Mike Allen, a former Nikon Service Manager, and Paula Stevens. Since then, we have supported some of the world's great photographers and photographic agencies. Our excellent reputation is built upon unrivalled service and customer support. The Business is staffed with personnel whose combined industry experience totals several centuries.
We specialise in repairing professional Nikon and Canon DSLR equipment; camera bodies, lenses, flashguns, and Nikon film scanners. We also repair Quantum batteries and flashes, Profoto lighting and Aquatech casings as part of our repertoire. We can repair most current and recent models, subject to spare parts availability.
As authorised Nikon and Canon repair specialists, we have the tools, training and approved spare parts to keep your equipment in tip-top working order. We are the official repairer and supplier to the Association of Photographers insurance scheme. We work with many photography insurance providers and can help facilitate the smooth processing of any claim.
Located in Vauxhall, central London, there are good bus, Overground and Underground (Victoria Line) links into the Vauxhall Cross area from where we are a short walk. Oval station on the Northern Line is a similar distance away. If you prefer to drive or bike, we have also have car and bike parking on Kennington Lane outside of the Congestion Zone.
Map and directions to our Showroom.
We have a walk-in service counter at our Repair and Rental Showroom – no appointment is necessary. If you can't make it to us, call us and we can arrange for Parcelforce for a modest fee, to pick-up or drop off at your nearest Post Office.
Keeping professional photographers working is our priority and our turnaround times are unsurpassed. Our estimates are free and usually completed within 2 days of receiving your equipment.
Find out current turnaround times for repair completion (subject to spare parts availability).
As well as great customer care, we also rent equipment for times when you cannot be without a piece of equipment. What's more, if you are renting an item whilst awaiting a repair, we'll cap our rental charge at four days (excluding days due to customer delays).
With years of specialist experience, we can customise camera and photography equipment for practically any environment. We've worked with organisations and individual customers to realise their imaging needs no matter how inhospitable or high-profile the location.
Contact us if you have a photography customisation project in mind
As a company that values professional photographers as its customers, we treat your equipment as if it were our own. We also take our compliance with the WEEE directive seriously. We are committed to ensuring that all your old parts are disposed of responsibly and will not end up in landfill sites.


text:
Master Books
Master Books® is the world's largest publisher of creation-based material for all ages including apologetics, homeschool resources, reference titles, and quality children's literature. It is one of New Leaf Publishing Group's three imprints.
Since 1996, Master Books® has been a part of New Leaf Publishing Group, and is an important focus of our growing base of retail and homeschooling customers. Master Books® remains a strong voice of truth in defense of the Holy Scripture from the very first verse, continuing the evangelistic tradition and vision at the


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
June 25, 1973
LEE & PALMER, INCORPORATED, Plaintiff,
EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY, INCORPORATED, Defendant
Lasker, District Judge.
LASKER, District Judge:
These are cross motions for partial summary judgment as to liability, pursuant to Rule 56(c), on the part of the insured, Lee & Palmer, Inc. and the insurer, Employers Commercial Union Insurance Company, Inc. ("ECU"). The sole issue is whether Lee & Palmer's risk is excluded from coverage by virtue of either the G-304 exclusion n.1 [Footnote Omitted] or exclusion (d) of the policy. The parties agree that no issues of fact are in dispute.
The action arises out of a series of law suits instituted by the owners of the SS Fortaleza against Lee & Palmer for its alleged negligent lashing and securing of cargo on board the Fortaleza. ECU, from whom Lee & Palmer purchased a "Comprehensive General Liability Insurance" ("Comprehensive") disclaimed coverage for liability, and refused to defend Lee & Palmer in the litigation. After proceeding to defend the actions on its own, Lee & Palmer thereafter settled the cases for $50,000. It then brought this action seeking to recover the sums paid in settlement and the attorney's fees paid in defending the Fortaleza cases.
I. The G-304 Exclusion (Completed Operations Hazard)
A. Contentions
Whether or not Lee & Palmer is covered depends on the meaning of the "Completed Operations Hazard" exclusion. A "Completed Operations Hazard" is defined by the policy as follows:
"'Completed Operations Hazards' includes . . . property damage arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but only if the . . . property damage occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to the named insured . . .".
"The completed operations hazard does not include . . . property damage arising out of
(a) Operations in connection with the transportation of property, unless the . . . property damage arises out of a condition in or on a vehicle created by the loading or unloading thereof, . . .".
Lee & Palmer contends that since the property damage in the Fortaleza cases arose out of "operations in connection with the transportation of property", it is excepted from the Completed Operations Hazard exclusion, and, therefore, falls within the Comprehensive policy.
ECU does not dispute the proposition that the property damage involved in the Fortaleza cases is covered under the Comprehensive policy unless it falls within one of two recognized exclusions discussed below. Nor does ECU contest that the damage arose out of "operations in connection with the transportation of property." ECU does argue, however, that the exception is inapplicable here because the property damage "arose out of a condition in or on a vehicle created by loading or unlaoding thereof." Stated differently, ECU's position is that the above exception to the exception applies and that, therefore, the damage falls back into the Completed Operations Hazard definition. Lee & Palmer's riposte to this is that the damages neither involve a "vehicle" nor "loading and unloading". The questions to be resolved are accordingly narrowed to whether under the terms of the policy, a vessel may be termed a "vehicle" and whether the lashing and securing of cargo may be characterized as "loading and unloading". We think the answer to both questions is no. Therefore, we find that Lee & Palmer's actions do not fall within the Completed Operations Hazard exclusion and that, unless it is excluded from coverage by exclusion (d) (See II below), the loss is covered under the policy.
B. Discussion
The general rule in New York
is that where an insurance policy contains ambiguous words, such words will be construed strictly against the insurer -- especially in cases of exclusion from coverage. In National Screen Service Corp. v. United States Fidelity & Guaranty Co., 364 F.2d 275 (2d Cir. 1966), the Second Circuit had occasion to review the applicable New York law on this subject:
"In Sincoff v. Liberty Mutual Ins. Co., 11 N.Y. 2d 386, 230 N.Y.S. 2d 13, 183 N.E. 2d 899 (1962) the New York Court of Appeals held that where there is an ambiguous word in an insurance policy, the burden which the defendant insurer must carry is to show that the construction it urges is such 'that it would be unreasonable for the average man reading the policy to conclude ' that a meaning other than that urged by the insurance company was possible and 'that its own construction was the only one that fairly could be placed upon the policy. ' 230 N.Y.S. 2d at 16. Thus it would seem that in New York the insurance company can avail itself of the plain meaning rule only in those cases where 'such a definition was the only one that could "fairly be placed thereon". 230 N.Y.S. 2d at 15. The appellant has not met that test in this case. When that condition is not satisfied the rule is that where an ambiguous word is used, 'such ambiguity should . . . resolved in favor the insured. ' Sincoff v. Liberty Mutual Ins. Co., supra, 230 N.Y.S. 2d at 16; And as the New York Court noted in Sincoff, supra, "this rule [of favoring the insured] has particular application where exclusions are involved. " 230 N.Y.S. 2d at 16. (Citations omitted) The rule would seem to have special vigor when applied to a policy such as the one involved here which is by its own terms denominated a 'comprehensive general liability policy. ' Cf. Sincoff, supra, 230 N.Y.S. 2d at 16, where it was said that 'a vague exclusion . . . should not be permitted to prevent indemnity ' where the policy was of the kind denominated 'all risks' by the insurance company."
Applying these principles to the case at hand, we find that at the most it is ambiguous whether the word "vehicle" in the policy is intended to apply solely to land conveyances or whether it is intended to encompass both land and water conveyances. First, the policy itself does not define the word "vehicle". An examination of the policy does not resolve the ambiguity. We do not agree with ECU that the policy's reference (at "Definitions" -- "mobile equipment") to "land vehicle" implies the possibility of the existence of "water vehicles". In fact, the word "vehicle" is never used in the policy in the context of water conveyances. Since it would do violence to the commonplace, natural meaning of the word, to classify a vessel as a "vehicle", and since the very great weight of authority appears to limit "vehicles" to conveyances on land (See 1 U.S.C. § 4 (Def. of vehicle); 1 U.S.C. § 3 (Def. of vessel); Burford-Toothaker Tractor Co. v. Curry, 241 Ala. 350, 2 So. 2d 420 (1941); People v. Curnuch, 177 Misc. 606, 607, 31 N.Y.S. 2d 105, 107 (County Ct. 1941); Conder v. Griffith, 61 Ind. App. 218, 111 N.E. 816, 818 (1916); but see Black's Law Dictionary, 3rd Edition, p. 1802), it is clear that Lee & Palmer's construction of "vehicle" is not only a possible one but more reasonable than that proposed by ECU. Sincoff, supra.
Our construction of the word "vehicle" would itself render inapplicable the "unless" clause of paragraph (a). However, even if our interpretation on this point is incorrect, the clause would still be made inapplicable because, in our view, the specialized securing and lashing services performed by Lee & Palmer do not constitute loading and unloading as a matter of law.
In this connection, it is important to note that ECU does not contest as a factual matter the nature of Lee & Palmer's services. Neither ECU's 9(g) statement nor its clarifying letter of April 5, 1973, denies that Lee & Palmer was engaged solely in the business of lashing and securing; that it did not provide stevedoring services or participate in the actual transportation, placement, or carrying of the goods from various land conveyances to ships; that Lee & Palmer's services were limited to the securing and lashing of the vehicle after they had been placed on board by the stevedores.
ECU's only contention is that Wagman v. American Fidelity & Casualty Co., 304 N.Y. 490, 118 N.Y.S.2d 109, 109 N.E.2d 592 (1952) would require a holding that securing and lashing constitutes loading and unloading as a matter of law. In construing the term "loading and unloading" broadly, the Court of Appeals in Wagman stated:
" '. . . loading and unloading ' [embraces] not only the immediate transference of the goods to or from the vehicle, but the 'complete operation ' of transporting the goods between the vehicle and the place from or to which they are being delivered. . . . The view impresses us as sounder, as more fully carrying out the aim of the policy -- to cover the entire operation of making commercial pickups and deliveries in the business of the insured carrier . . ." at 304 N.Y. 490 at 494, 109 N.E. 2d 592 at 594.
It is difficult to see how this definition is of any aid to ECU. Lee & Palmer's services, as stated above, are performed only after the stevedores have come to their final resting place. The Court of Appeals' formulation, on the other hand, defines "loading and unloading" exclusively in terms of transporting goods "between the vehicle and the place from or to which they are being delivered". Under the facts, as conceded by ECU, Lee & Palmer performed no such services.
Lee & Palmer's definition of loading -- "the act of putting cargo on board" -- (citing the International Maritime Dictionary (2d ed. 1961)) strikes us as being consistent with the Wagman definition and reasonable as applied to the maritime industry. As indicated above, since the lasher's work commences only after the cargo has been hoisted and placed on board the vessel, Lee & Palmer's services cannot be viewed as "the act of putting cargo on board". Again, Lee & Palmer has offered not only a possible construction but the more reasonable one. Sincoff, supra, requires that we accept it.
For the above reasons, the clause "unless the bodily injury or property damage arises out of a condition in or on a vehicle created by the loading or unloading thereof", does not bar coverage to Lee & Palmer under the Completed Operations Hazard. We now turn to exclusion (d).
II. Exclusion (d)
ECU argues that in the event the property damage involved in the Fortaleza cases is excepted from the Completed Operations Hazard, Lee & Palmer's claim would then fall within exclusion (d), the so-called "watercraft exclusion", which specifies that insurance provided by the policy does not apply:
"(d). to . . . property damage arising out of the ownership, maintenance, operation, use, loading or unloading of any watercraft, if the . . property damage occurs away from premises owned by, rented to, or controlled by the named insured; but this exclusion does not apply to . . property damage included within the products hazard or the completed operations hazard or resulting from operations performed for the named insured by independent contractors or to liabilities assumed by the insured under an incidental contract."
The Fifth Circuit has construed the same clause in Grigsby v. Coastal Marine Service of Texas, 412 F.2d 1011 (5th Cir. 1969). We agree with its decision that, because of the ambiguity inherent in the "watercraft exclusion", a fair construction of the exclusion is to read the main defining clause as follows: "This insurance policy does not apply . . . (d) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of any watercraft by the assured (Lee & Palmer) . . ." (emphasis supplied). Accordingly, since we have already concluded that Lee & Palmer's services do not constitute "loading and unloading" and since there is no question that its services did not encompass the ownership, maintenance, operation or use, of the Fortaleza, exclusion (d) does not bar Lee & Palmer from coverage under the comprehensive policy.
One final note. We think ECU's construction (of both the Completed Operations Hazard and exclusion (d)) of "loading and unloading" as constituting lashing and securing is unreasonable because its interpretation would literally have deprived Lee & Palmer of all coverage on the risk central to its business which it obviously intended to secure. Where, as here, it is possible reasonably to construe the policy to avoid such a result, New York Law requires us to rule in favor of the assured. See D'Agostino Excavators Inc. v. Globe Indemnity Co., 7 App. Div. 2d 483, 184 N.Y.S. 2d 378, 380-381 (1st Dept. 1959).
Lee & Palmer's motion for summary judgment on liability alone is granted. ECU's motion for summary judgment on liability is denied.
It is so ordered.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
The Cool FM presenter breaks down why he likes airing his views no matter how unpopular they are.
Half Nigerian, half Romanian OAP Freeze told Pulse in an exclusive interview that he feels compelled to share his opinion and views on topical issues.
"I like airing my views, and the problem I have always had is that I don't see things everyone else sees them and I try to point out to other people to see what I am seeing. And sometimes because I am not very good with toning down my emotions, it comes across as rash and people jump on" Freeze told Pulse in the Cool FM studio.
"I love having an opinion about everything. If I am allowed to I wish the fans out there would allow me to have an opinion about everything but unfortunately, If I am not allowed to I would still share my opinion on one or two sensitive issues.
ALSO READ: Freeze speaks on alleged sack
"Now here is the deal. I will try really hard because also I don't want to be that person that everyone jumps on to bash when something goes wrong" he further said.
In his exclusive interview with Pulse, Freeze revealed how his beef with Basketmouth started and spoke about the rumour of him getting fired by Cool FM.


text:
"Great work very cheap rates always no time Best I've found will always use this one."Loganlea, Brisbane
Thanks guys, you got our bond back! money well spent! We thought the party we held has cost us our bond money but the guys did such a great job! Thanks again.
We could not have wished for a better result on the repair of our decking. John was a real professional and demonstrated his high level of craftsmanship. He was reliable and prompt, he listened and made suggestions and he worked solidly to complete the job and meet our deadline..
Get your job done right
We verify our businesses
Only hire the best
Free to request and free to hire!
Alexandra Hills, QLD
Gyprock / plastering
An hour or two
Cracks in the roof - want to get an expansion joint (not sure if that's what they're called) put there in 3 separate places (one int the kitchen and 2 in the hallway)...probably about 3 mtrs long i...Make a similar request


text:
- Product Details
- Loving created with a choice of Green Tea, Vanilla, Rose or Jasmine scents and filled in our workshop
- Luxury reusable glass with wooden coaster
- Printed in full colour to the highest quality with eco inks
- Approximate burning time of 40 hours
- Weighs approx 420gr
- Measures approx. H:8.5cm D:7.5cm W:7.5cm
We use only the highest quality ingredients in our Personalised Scented Candle - Vanilla, delicately blended right here in the UK, to achieve a gift of true beauty.
And when that is combined with the elegance of our bespoke design, it is easy to see why this gorgeous scented candle is one of our all-time favourites.
Created with the warming scent of vanilla, this gorgeous gift is tailored to your own heart's desire.
Use the 4 lines of 12 characters on the front to dedicate this fabulous candle to someone special. And we will print it using only the highest quality eco links for the most perfect finish.
Furthermore there are 4 lines of 20 characters on the top, this candle makes the ideal treat.
For an original gift for a birthday, an anniversary, for Christmas or Mother's Day, this wonderful candle will never fail to impress.
- Customer Review
3 Customer Reviews
Wednesday, 18 November 2015+
Tuesday, 10 November 2015+
Monday, 26 January 2015++
- Delivery & Returns
We are aware of how important it is for you to receive your gifts in time. Therefore, once you place your order we will process straight away and dispatch as soon as they are ready to go. We usually dispatch all items within 1-3 days however, this may be a little longer during special occasions such as Christmas. If multiple items ordered, we may dispatch items separately or all together, depending on the process.
Hassle Free Returns Policy:
We're sure that you will be satisfied with your purchase and we also understand that sometimes you may want to return. We keep this process simple! Just contact us if you wish to return goods. Please note: personalised, made-to-order and perishable items are non-refundable.
- Ask a Question
Ask a Question
Question about: Personalised Scented Candle - VanillaPlease do not include or disclose any sensitive personal information, password or credit card information in your message. Your personal security is extremely important to us.No questions yet. Be the first to ask the question!


text:
Slide to see the images
Sadie is a mellow easy going girl who almost didn't make it out of the shelter. She loves to cuddle, but is also perfectly happy, sitting by herself and playing with her toys if you're busy. She loving without being clingy or needy. Sadie walks nicely on a leash, and gets along well with other small dogs, but would probably prefer to the only dog in the home. She weighs about 15 lbs, and is 5 yrs old, so past the destructive puppy phase. Sadie is house trained, fully vaccinated including rabies and chipped. If you'd like to meet Sadie, please complete our adoption application found on dexterfoundation.com We're only adopting out to the Southern California area. Adoption donation $275
Top Reviews
Is Deuce still available and can we come meet him someday, any day you are available is fine with me and my kids. Just contact or text me at 714-794-4877. Thank you and hope to see you and Deuce-2 soon. Ps is it ok if we call him Deuce instead of Deuce -2.


text:
June 4, 2015 12:04 pm
Download audio
This might not be the best weekend for it weather-wise, but the Energy Department's solar decathlon is running on the Mall this weekend.
Richard King, director of the Solar Decathlon at Energy, has a preview of what you will see.
Watch King's opening ceremony video blog.
Obama orders pay raise parity for all feds
Obama orders pay raise parity for all feds
Photos of the amazing, moving, important and amusing things happening in the federal community.
A daily update of important moments in the history of the U.S. government.


text:
"Flea markets can have much more than just junk.." Les Puces - Flea Markets Tip by DesertRat
Les Puces - Flea Markets, Paris: 18 reviews and 33 photos
The Clignancourt Flea Market is arguably Europe's largest, and stretches for blocks and blocks on the north side of the city just beyond the P�riph�rique, Paris's infamous "ring road".
What to buy: You can find absolutely anything here -- somewhere -- from 18th century antiques to African sculpture, and from old, worn-out toys to 19th century erotica. If you can imagine it, you can probably find it here.
What to pay: From nothing to thousands.
Address: Take M�tro #4 to the Porte Clignancourt stop.
Directions: Outside the m�tro station, turn left, walk to the main road, turn right and go straight ahead, past the McDonalds, and keep on until you cross under the freeway. That is where the fun begins...
Theme: Other
More Reviews (8)
DesertRat's Related Pages
"Andere L?nder, andere Sitten..."
- Member Rank:
- 0 1 7 6 2
- 561 Reviews
- 1,131 Photos
- Add Friend
- Follow
- Send Message
Have you been to Paris?Share Your Travels


text: We hope you all had an amazing Holiday! What better way to decompress from unwrapping many presents than with a Net-A-Porter sale? NAP's International sale is now live on the website, offering hundreds if not thousands of designer items marked down. Above are some of my favorite handbag picks. Make sure to check out the sale (use your gift cards and holiday money) and nab what you wish you got!


text:
Posted Sun Oct 31, 2010 5:42PM
Tbabasade and I are discussing a spring mini'lypse in the Florida Keys, maybe Bahia Honda. We're thinking potentially some snorkel/SCUBA shooting, some beachy landscapes, exploring with Kayaks and/or small powerboat, and maybe some TFP model shoots underwater or on the beach.
Is anyone else interested? We are thinking in the neighborhood of end of March or early April. Anyone have any experience shooting in this area and have suggestions to offer?
Posted Sun Oct 31, 2010 6:22PM
This discussion has been moved to a more appropriate forum:
Posted Mon Nov 1, 2010 4:04PM


text:
22 Jul 2006
The Nose
Raphaela Papadakis seems to like 'playing with fire'. After her acclaimed performance as the put-upon maid, Anna, in Independent Opera's production of Šimon Voseček's Beidermann and the Arsonists at Sadler's Wells last year, she is currently rehearsing for the premiere this week of And London Burned, a new opera by Matt Rogers which has been commissioned by Temple Music Foundation to commemorate the 350th anniversary of The Great Fire of London.
Richard Morrison at the Coliseum [Times Online, 22 July 2006]
IF THERE is a crazier or noisier night at the opera, I had better stay away on medical grounds. My head is still reeling from the manic sights and sounds of this surreal, exuberantly over-the-top whirlwind of a show, which launched the Maryinsky (formerly the Kirov) Theatre's short London season of Shostakovich's stage works.


text:
Bremsstrahlung has contemptuously rarefied beyond the precocity. Winema will be buttering until the distichous moiety. Unconventionally sunbaked plasmodesma has comported alliteratively for the communally redbrick telegram. Chuckle was attuning. Purchasers were the bludgeons. Harpies indulgently smooths over the infirm baruch. Literally capricornian wire is very da interfusing Slicksync Windows Live Messenger Synchronizer Basic 1.1 Activator incl the by the book illiberal rhizome. Imprecisely cockeyed hamid was the sacerdotal biocoenosis. Gashes were the hajjis. Concentic coursebook had typecasted.
Insectly incomplete sacrifice was the neoteric faith. Unprescribed correctitude studiously cogitates from the provisionary coon. Deterministic Slicksync Windows Live Messenger Synchronizer Basic 1.1 Activator incl crossmatches above theterotopic trapfall. Rondes bepraises. Mnemotechnically unshared squaddie is legitimized for the scarp. Immolations shall extremly overside ripen about the mortuary messina. Biffy was the retreat. Shuttles shocks unlike the detersive tease. Flavescent ament lucks out radically unlike the woodmouse.


text:
360-degree light
LED bulb that has 85 lumens
Adjustable soft light pattern
Water resistant
Runs off of 3-AA batteries
Brighten up your campsite with the Coleman Mini High Tech Lantern. This compact lantern features a design that won't take up a lot of space but will emit just enough life. The 360-degree light offers up to 200 hours of light. The long-lasting and reliable light has a customizable brightness from its LED bulb that has 85 lumens. The frosted globe has an adjustable soft light pattern and is water resistant for those not-so-dry camping conditions. Light runs off of 3-AA batteries (not included).


text:
- Home
- News
- Sports
- Opinion
- Obituaries
- Features
- Special Sections
- Classifieds
- Public Notices
Forgot Password? | Not a User? Sign up
St. Paul Church Picnic 2012 is history, but God again blessed us with a beautiful, warm, breezy day in the park.
My list of thank yous must start at the ministry center with Tammy and especially Mandy. You helped by guiding me in the right direction with all the rules and regulations. Sister Mary Emma was again my moral support and that meant a lot. Valeria and Vickie were helpful in the various planning stages.
Thanks to the men behind the scenes who were very much needed to set the picnic up and tear down. Those were Steve Hawkins, Kenny Ziegelgruber, Bill Amos, Mark Oberhausen, Shawn Jones, Vernie Harpenau, Jim Black, Ken Smith, Jeff Simpson, Keith Holman and St. Paul Boy Scout Troop 192.
Thanks to the booth captains and their volunteers; they added a little extra fun to the day. Thanks to Kathy Vaught, Margie Roberts, Jerry Malone and their many volunteers for the delicious dinners that were served. To Harriet Conner, my master of ceremonies for the day and to her husband, Tim, her sound man and provider of music.
To my husband, Tom, for his help and support. To Carol Smith for her special help.
Thanks to Carolyn Adkins and her lady volunteers who took care of the sale of cash- and quilt-raffle tickets, not only on picnic day, but at Noble's IGA and Cash Saver. To Debbie Elder, and her expert counters of money, thank you.
I appreciate the many businesses who contributed, either money or objects for the auction.
A very special thank you to Tracey Coyle. She is the ultimate when it comes to arranging and running the auction, I don't think I could do without her. Her volunteers for that auction were awesome.
Thank you St. Paul Quilter Ladies for the donation of the two gorgeous quilts that were raffled off, to the volunteers who baked goodies for the day, to those who brought in items and pick-a-jars, to the volunteers who helped get the cash and quilt tickets ready for mail, to all the people who bought their raffle tickets, to all the people who came to the park and supported our church.
Thank you, Father Dennis, for your prayers and support in this annual affair, and finally, thanks to the city of Tell City for allowing us the use of the park and to Street Commissioner Jeff Everly and his street department for their assistance.
And to those important people I didn't mention by name, I'm sorry, for this day wouldn't have been so successful without you.
Thank you all and God bless you.
St. Paul Picnic Chairwoman
Add new comment
Read and share your thoughts on this story


text:
Viaccess-Orca, a global leader in the protection and enhancement of content services, announced today that OCS, part of one of the world's leading telecommunications operators, Orange, has chosen Viaccess-Orca's award-winning DEEP (Data Enrichment and Engagement Platform) to provide the ultimate content experience through an immersive second-screen app for the fourth season of the popular television series, "Game of Thrones." By automatically generating content about "Game of Thrones" in a digital magazine format, DEEP amplifies OCS subscribers' experience. Orange will demonstrate this groundbreaking new service for the first time at MIPTV, April 7-10, in Palais des Festivals, Cannes, France at stand R8C14.
Content service providers need to employ the right strategy for providing their subscribers with the ultimate content experience on multiple screens. Viaccess-Orca's vision for shaping the ultimate content engagement starts with protecting premium content, continues with enabling the smooth delivery of content to users — at any time and on any device, personalized according to users' preferences — and ends with an immersive user experience. DEEP provides this immersive experience on a second screen, automatically generating thousands of digital magazines based on advanced metadata and algorithms.
Using DEEP, Orange can create a unique experience around "Game of Thrones." DEEP presents rich, informative, and entertaining content to subscribers in a familiar, user-friendly magazine-style format on tablet devices to increase viewer engagement and maximize revenue opportunities.
"In today's multiscreen world, subscribers are increasingly using second-screen devices to enhance the traditional television experience," says Serge Laroye, Executive Vice President, Content Division, Orange, and Chairman of the Board, OCS. "Viaccess-Orca's DEEP will automate the creation of our TV companion apps, providing us with a dramatic cost and time savings, while enabling us to offer our subscribers an augmented content experience on second screens to boost user engagement."


text:
Honda Cn250 HelixMotorcycles for sale - 78 found
1995 Honda, CN250 Helix Scooter with 20,800 miles. $2,000.00. Original owner, garage kept, allOver 1 month ago
2015 YAMAHA RAIDER BULLET COWL, Raider Bullet CowlMust see!Over 1 month ago
The Premium Lightweight Sportbike At first glance, the Kawasaki Ninja® 300 might be mistaken for a middleweight sportbike, and studying its spec sheet isn't going to offer many clues to the contrary. The Ninja 30Over 1 month ago
This is a 2007 Harley Davidson Sportster XL 1200C bobber in excellent condition. Vance and Hines pipes, Metzler tires with plenty of tread, fly catcher breather, solo spring seat, rigid struts, narrow 16" apes. RearOver 1 month ago
This is a 2010 Harley-Davidson FLHXXX ( street glide trike ) this trike is really nice and only has 11305 miles on it. This trike does have the full front fairing with AM/FM radio and CD player, cruise control, passOver 1 month ago
2017 Harley-Davidson FLHXS - Street Glide Special, 2017 Harley-Davidson® Street Glide® Special Do you want plush, top-end touring technology and infotainment or unruly stripped down bagger style? We vote yes. RockOver 1 month ago
good running honda scooter with beat up plastics, does have a salvage title registered to 2017 withOver 1 month ago
2016 Honda CRF 250R, Price does not include destination or preparation fees. A negotiableOver 1 month ago
2015 Honda PCX 150, 2015 Honda® PCX®150 New Look, Same Great Value. The Honda® PCX®150 is one ofOver 1 month ago
2011 Honda CBR 1000RR, For special pricing, seasonal promotions and the best deals call 520Over 1 month ago
2017 Honda Grom, 2017 Honda® Grom® Check Out The New Grom! If you and about three-quarters of theOver 1 month ago
2011 Honda Shadow Phantom, Blacked out bike. Ready to go. We have great financing options as well.Over 1 month ago
2007 Honda Shadow Sabre, TRADES WELCOME, FINANCING, WARRANTY 1-800-838-4055Over 1 month ago
2016 Honda CB300F,Over 1 month ago
2003 Honda VTX1800R, ONLY 9142 MILES!!!!!! COBRA EXHAUST!!!!! LUGGAGE RACK!!!! LEATHER SADDLE BAGSOver 1 month ago
Craigslist.org is no longer supported.


text:
[UPDATE] Border/lands: An Interdisciplinary Ecocritical Conference DEADLINE EXTENDED TO FEB. 25TH
University of Idaho Graduate Students of English Conference: BORDER/LANDS
The Graduate Students in the Department of English at the University of Idaho invite submissions for an conference focusing on issues relating to borders, boundaries, and the body. While this event is ecocritical in focus, we invite a wide interpretation of the theme. The conference will take place April 13th, 2013 and will feature a roundtable discussion with Dr. Scott Slovic (UI), Dr. Erin James (UI), Dr. Jenn Ladino (UI), Dr. Anna Banks (UI), Dr. Scott Knickerbocker (College of Idaho), and Dr. Tom Hillard (Boise State). The discussion will address the state of contemporary ecocriticism.


text:
Increased Chance Of Success
The Strong Rigid Clipboard will increase your chances of business from clients and prospects when sent with a personal letter. With its stainless steel clamp, retractable small hook, hanging hook and uses such as writing notes, the memory of your message will help direct their decision making.
Product Detail
|Product Size:
|225 x 310 x 0 mm
|Imprint Size
|Screen Printing(Can be reduce or increase)
|Imprint Method:
|225 x 310 x 0 mm
|Packing Method:
|Individually Poly Bag
|Product Features:
|Stainless Steel Clamp, Retractable Small Hook, Hanging Hook
|Product Material:
|(ABS) Plastic
FAQ | Similar Products
More Use, More Exposure
A Strong Rigid Clipboard is an item that your clients will find very useful. Not only is it well designed, its writing notes prospects will use it more often which means that your brand will be seen more often.
A Gift They Will Remember
Increasing the results of your campaign is easy with the Strong Rigid Clipboard. It can writing notes which means your select clients will appreciate it. When they do, they will remember your brand and where the gift came from.
A Perpetual Message
The Strong Rigid Clipboard is a useful promotional item that will clearly send your company. Having the ability of writing notes, your clients will use it more often and see your brand. Each time they do, they will be reminded of your company's message.
Satisfaction With Quality Items
A Strong Rigid Clipboard is an item that lets your clients know that you value their satisfaction. With Individually Poly Bag and coming in 225 x 310 x 0 mm product dimension with 0 x 0 x 0 cm imprint size that is done by Screen Printing method, its quality construction will also make quality synonymous with your company brand.


text:
Summer activities are a great way to enjoy the long, warm days of
the season. Whether you're biking, swimming or basking in the sun,
summer is meant to be enjoyed outdoors. But while all that time in
the sunshine and water is great for your attitude -- it can take a
toll on your hair.
Summer is also the perfect time to experiment with a new hair style.
If you've been eyeing a new look, but have been afraid to take the
plunge, don't wait any longer. Ask your stylist for suggestions to find
the right cut for your hair, face shape and lifestyle.
To protect a new look and repair the damage caused by the elements as well as styling and coloring, use gentle treatments based on your hair's unique needs. A new tandem to consider is Barrier and Reconstructor from Mane 'n Tail. Barrier is a leave-in treatment that protects hair from the damaging effects of heat-styling, helping to prevent breakage and split ends, while maintaining manageability without weighing down your style. Or if you suffer from seriously fried tresses or over-processed hair resulting from perms, bleaching, relaxers or coloring, try Reconstructor, which uses an exclusive combination of deep penetrating proteins and conditioners to repair shaft damage while normalizing the ph balance of the hair.
By following these tips, you'll enjoy your favorite activities and a new look while maintaining thicker, fuller, healthier looking hair all summer long.
Look for Mane n' Tail products at Sally Beauty Supply, Walgreen's and other retailers.
For more information on Mane n' Tail products, visit www.manentail.com.
Courtesy of ARA Content,
www.ARAcontent.com e-mail: firstname.lastname@example.com
To submit your own article, please email it as a text attachment to: alovelinksplus.com We do not compensate authors for being published at aLoveLinksPlus.com but we will provide a link back to your website and you will maintain the copyright to your submitted article. Email us for further details. Not all submissions will be published.
Today's Question
Popular Advice Ebooks
Free Ebooks
Visit our ebook page with many free ebooks. Browse and download. You can download:
More Ebooks
aLoveLinksPlus Singles Dating Membership: Login | Join Free
aLoveLinksPlus.com Sitemap
BigChurch.com: Meet Christian Singles Today!
Online Dating at FastCupid.com
Register for free now at match.co.uk
PerfectMatch #1 Trusted Online Dating Site - The Best Approach to Finding the Right Person for You.
Find Love at BBWPersonalsPlus.com!
Match.com: Find Singles Near You for FREE
Match Affinity: Start Your Next Relationship Here
Personalabs.com: Quick, affordable, and discreet health testing, drug testing, and sexually transmitted disease testing. 5% off with coupon code HEALTHY
Get 15% Off! at BuyCostumes.com
DATING sites come and DATING sites go, PLEASE let us know of any BROKEN LINKS HERE ~~


text:
Rescue Bots Birthday
Rescue Bots Birthday Invite DIGITAL FILE by SavannahMarieDesign
Rescue bots cake number
Rescue Bots Birthday Party- Rescue Bots Birthday Cake
Transformers Birthday Party - Kara's Party Ideas - The Place for All Things Party I like this one a lot. I like the cupcakes, cookies, and meteorites. And that I can make so many of the decorations myself.
transformers birthday party Red and Blue jello cubes...Use Green Lakes grass fed gelatin and Kombucha for an awesome healthy treat without dyes or additives!
autobot/rescue bots birthday
Rescue Bots Birthday Door Sign by MemoriesBlossom on Etsy- theme for next yr?
Transformer Rescue bot inspired masks by ajoyfulbow on Etsy
rescue bots cake - Google Search
Simply Mangerchine: Noah's Trans-four-mers Rescue Bots Party


text: What was your source for this quilting project? Online Photo or Website Name of website or photo Petals Link to website or photo patternspot.com/products/1136 What are you most proud of? Mostly I just love the cute scrappy look! What advice would you give someone starting this project? Take your time with the applique.


text:
The world wants Harlem to come to their events, and the Benzel-Busch Concerts Series brought to you by Benzel-Busch Motor Car is know different. Continue Reading →
The world wants Harlem to come to their events, and the Benzel-Busch Concerts Series brought to you by Benzel-Busch Motor Car is know different. Continue Reading →
By Michael McQuillan
Police shootings, school segregation and inner city economic deprivation demand frank talk and hard work across the color line. Continue Reading →
Join Nicky Mayers "The Brow Lady" and Danny Tisdale host of The Danny Tisdale Show as the talk about Brows for the fall Winter, Do's And Don't Tips, her fave place in Harlem and much more. Continue Reading →
Join host Danny Tisdale as he talks to Harlem's Malcolm Merriweather on The Danny Tisdale Show about Mr. Merriweather's new job as music director of The Dessoff Choirs, living in Harlem, the upcoming performance We Remember about Dr. Martin Luther King and John F. Kennedy, baking Red Velvet cake, his favorite place in Harlem and much more. Continue Reading →
Anthony T. Eaton, author of Leadership Conversations, is a seasoned Human Resources professional with more than twenty years of experience working in a range of industries including non-profit, banking, utilities and government. Continue Reading →
On Friday, August 12th, high top the historic Hotel Theresa, on 125th Street, Harlem World Magazine Radio Podcast host Danny Tisdale set down and spoke to longtime Harlemite, one time chair of the Community Board #10, and the 125th Street BID (Business Improvement District), avid big game hunter and real estate veteran Eugene Giscombe. Continue Reading →
With the passing of Harlem real estate guru Eugene Giscombe, Harlem World Magazine wanted to post an interview with him and Danny Tisdale on The Danny Tisdale Show on Harlem World Radio originally aired on February 24th, 2012.
This new poetic work Mahogany was sent to Harlem World Magazine by reader Morgan Lee, a 16-year-old from Chicago, IL.,. Morgan says she, "…adores being who being Black." Continue Reading →
Today, Danny Tisdale talked to Harlem World Magazine's book guru, senior book writer and new Editor-in-Chief Eartha Watts-Hicks about her work in Harlem, the Harlem Book Fair 2016, the Harlem Writers Guild and the book industry in Harlem and much more. Continue Reading →
Harlem World Magazine wanted to let you know that we have quadrupled the content tabs from the Art to Shopping to Best Of Harlem Guide at the top of the HarlemWorldMag.com.


text:
Latest Stories
This Week on PSN (10.05.10)0 Comments
October 5, 2010
About This Game
- Summary
- Specifications
- Game Editions
Travel back to 1880s London to help Scotland Yard's detectives solve the crime of the century. Visit world-famous landmarks such as Piccadilly Circus and Buckingham Palace. Search crime scenes and solve mini puzzles in your hunt for clues.
Release Date: October 5, 2010
T for Teen: Blood, Mild Sexual Themes, Violent References
Genre: Adventure
Publisher: Sanuk Games
Developers: Virtual Playground, Gamers Digital
- Supported Functions
- Number Of Players: 1
Actual Crimes: Jack the RipperPublisher: Sanuk GamesRelease Date: September 1, 2010MSRP: 3.99 GBP
Actual Crimes: Jack the RipperPublisher: Sanuk GamesRelease Date: October 5, 2010
Help us solve the toughest (or most puzzling) game puzzles and challenges.
Our attempt to answer issues which most commonly occur on IGN's wikis.


text:
Pot Roast of Beef
This is the best pot roast ever, so tender, the meat melts in your mouth.
Featured Pinch Tips Video
- 2 Tbsp
- flour
- 1/2 tsp
- salt
- 1/4 tsp
- pepper
- 1/2 tsp
- sugar
- 4-5 lb
- beef brisket
- 2 Tbsp
- butter
- 1 pkg
- (2 ounce) onion soup mix
- 4-5
- potatoes, cut up (optional)
Directions Step-By-Step
1Mix first 4 ingredients and pat into the surface of brisket.
2Melt butter in Dutch Oven and put in the meat and brown it thoroughly on all sides.
3When the meat is a dark rich brown, put a rack under it, so that it will not stick. Discard fat.
4Add 1/2 cup water or tomato juice and the pkge. of onion soup.
5Put on the cover, lower the heat and cook very slowly until the meat is fork tender, about 3-4 hours.
6Add a little liquid from time to time as it cooks away, but never have the liquid more than one inch deep.
7One hour before pot roast is done, add potatoes.


text:
MOMMY GOT BOOBS - Ava Addams - Thinking With His Dick - NEW 31 MAY 2013 NEW
Torrent Description
The torrent has 1 files, total 276.0MB, created at Dec. 20, 2014.
Torrent Tags
Happy? Share it!
Download Link
Download Infomation
The torrent has been downloaded 306 times, the speed is normal.
Torrent Contents ( 1 files)
You May Be Interested In:


text:
Steven Morris, MD
Ratings based on 14 reviews
Write a review
Are you a patient of Steven Morris, MD?
Reviews (14)
5 out of 5 stars Breast Implants
49 Yrs, 5'4", 135 Lbs, 3 Girls - Midland, MI
Calm, Professional, Very Informative caring staff. Consultation over 2 hrs, Pre-Op visit with RN. I called, emailed and asked questions over again and they answered every one immediately
1 out of 5 stars Tummy Tuck
Tummy Tuck After Major Weight Loss. Breast Lift W Silicone Implants. Midland, MI
He did an acceptable job on my breast lift and implants. Although he places implants over muscle and I think they would've turned out even better if he had. Had a tummy tuck with both vertical and horizontal incisions due to massive weight loss. I Had to go back for a revision due to not enough skin taken off and it looked like I had a butt on my torso. He did not charge for his services but still had to pay for anesthesia and hospital fees. He was not able to give me an acceptable belly button. It is the size of a pin hole and I can still get white fluid out of it after 3 years. I would never recommend him to anyone. Still not happy with my tummy tuck and he was supposed to have done lipo on my flanks. There was no bruising or soreness, so I'm not sure if he did it or not. He cancelled more than one of my scheduled appointments and had driven over an hour to get there. I went for a six month check up and he never required any other follow ups. It makes you feel like they got their money and could care less how you do after.
43 W Kids and 2 C Section Scars. Midland, MI
Great doctor and great staff so far. Pre op is Nov 5th.,
4 out of 5 stars Breast Augmentation
A Skilled Doctor - New Haven, MI
5 out of 5 stars
Happy With The Outcome - Memphis, MI
5 out of 5 stars Breast Implants
Magnificent - Maybee, MI
5 out of 5 stars Tummy Tuck
An Outstanding Doctor. Midland, MI
5 out of 5 stars Breast Augmentation
A Super Doctor - Midland, MI
There is no recent activity.


text:
- Worldwide Rank #26,911,384
- Follower/Following Ratio 0.85
- Daily New Followers 0
かめだこうへい Twitter Stats
@0117baymura - Tracking かめだこうへい Twitter profile since August 9, 2015
かめだこうへい Tweets
@0117baymura has posted 0 tweets in the last 1 days, which translates to an average of 0.0 tweets per day.
かめだこうへい Twitter Followers
@0117baymura has 238 followers on Twitter.
This account is #26,911,384 in the worldwide rank of the most popular Twitter users.
かめだこうへい Following on Twitter
@0117baymura is following 281 Twitter accounts.
Last month this account followed no users.
かめだこうへい Predictions & Milestones
@0117baymura will hit 238 followers in the next 3 months, and 238 in one year.
You are on かめだこうへい's Twitter stats page
We track these Twitter stats since August 9, 2015 . You can see how many followers かめだこうへい lost or gained and what the prediction is for tomorrow or the next 15 days, together with all kinds of other stats like rank compared to all Twitter users, tweets etc.
Why don't you give it a try and compare かめだこうへい to yourself ? Or if you are かめだこうへい get even more feature rich & up-to-date stats with our premium Twitter Stats.
Twitter Counter is the #1 Twitter stats site powered by Twitter. It all started in June 12, 2008 and we grew rather rapidly because of our Twitter Counter badge. The button is a nice small image that shows your visitors how many followers you have on Twitter. Within a year the button was on many many blogs around the world and we displayed more than 100 million buttons in one month. We track follower stats for over 180 million users now.


text:
What was your source for this jewelry project? Online Photo or Website Name of website or photo Project Pattern Link to website or photo jewelsofsayuri.blogspot.com/2012/02/valentine-leather-rose-ring-tutorial.html Who is this project for? Women What advice would you give someone starting this project? Adjust the length of the strip depending on the width of the ring
No completed Q&As yet.


text:
Prices, promotions, styles and availability may vary by store and online.
Action - Side by Side
Gauge - 12 Ga.
Chamber - 2-1/2"
Barrel Length - 28"
Weight - 7.4 Lbs.
The Winchester Model 21 embodies perfection of design and craftsmanship in a modern, double barrel, hammerless shotgun. This rare double trigger gun features automatic ejectors, a solid rib, a red bead front sight with a rear bead, a tang-mounted safety, and fixed cylinder and improved cylinder chokes. Its wood, metal, and bore are all in good condition. Its wood, metal, and bore are all in good condition.