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All the information you need in one place! Each Study Brief is a summary of one specific subject; facts, figures, and explanations to help you learn faster.
List price: $83.20Edition: 6thCopyright year: 2003Publisher: Allyn & Bacon, IncorporatedPublication date: 7/19/2002Binding: PaperbackPages: 461Size: 7.00" wide x 9.25" long x 0.75" tall Weight: 1.540Language: English
Louis Fischer(J.D. and Ph.D., Stanford University) is Professor Emeritus and former dean of the School of Education at the University of Massachusetts Amherst. David Schimmel(J.D., Yale University) David Schimmel is Professor Emeritus at the University of Massachustts, Amherst and Visiting Professor at Harvard University's Graduate School of Education. He is author of over 60 articles and co-author of six books about law and education including School Law: What Every Educator Should Know (2008) and is recipient of the Education Press Association of America's Distinguished Achievement Award for Excellence in Educational Journalism.nbsp; After graduating from Yale Law School, he briefly practiced law, was an Army Infantry Officer, and served on the Peace Corps staff for six years before starting his teaching career at UMass.nbsp; His current research and writing focuses on promoting legal literacy for teachers. Leslie R. Stellman(J.D., Syracuse University) Leslie Robert Stellman is the team leader of the education law department of Marylandrsquo;s largest school law firm, Hodes, Pessin & Katz, P.A., located in Towson, Maryland.nbsp; Mr. Stellman has been practicing education law for over 35 years and represents many of Marylandrsquo;s public school boards as well as colleges and universities.nbsp; He received his Bachelorrsquo;s degree from the Johns Hopkins University and his Juris Doctor from the Syracuse University College of Law,magna cum laude.nbsp; Mr. Stellman is widely known as an author, lecturer, professor, and practitioner in all aspects of school law, and is a member of the Education Law Association and the National Association of Boards of Educationrsquo;s Council of School Attorneys.nbsp; He is also on the faculties of the Johns Hopkins University School of Education and the University of Baltimore College of Law.nbsp;
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Sustainable Development Goals and the relationship to a post 2015 global development framework
Beyond 2015, 2012
Beyond 20151 welcomes the attention that is being given to the need for a global over-arching cross-thematic development framework by the international community, and hopes that the thinking around Sustainable Development Goals (SDGs) will be a constructive contribution to this ongoing conversation.
Beyond 2015 believes that the post-2015 framework for development must be an urgent priority for the international community. It needs to draw learning from the Millennium Development Goals (MDGs) and address the multiple interlinked global challenges of: eradicating poverty, ensuring environmental sustainability, achieving economic equity, ensuring gender equality, tackling climate change, building resilience, managing equitable distribution of natural resources, realising human rights, and reducing inequality between and within populations.
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Yolo CountyHome Sitemap Contact
List of County Events
Davis - Burps, Explosions and Other Food Fun
- Date: 07/08/2014 3:00 PM
- Location: Stephens - Davis Branch Library
315 E. 14th Street
Davis, California 95616
Return to full list >>
Burps, Explosions and Other Food Fun
Burps, Explosions and Other Food Fun
Presented by the Davis Food Co-op. Join us for this lesson on leavening, including explosions and snacks.
Questions? For more information, call 530-757-5593.
Programs are generously supported by Friends Groups of the Yolo County Library system.


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For the third straight match, Chivas USA were forced to reach into their bench in the first half to make an early substitution. In the end, it was just too much to ask as the Rojiblancos fell 1-0 to the Portland Timbers at JELD-WEN Field on Wednesday night.
WATCH: Full Match Highlights
After a nervy start, Chivas head coach Robin Fraser was forced to make a pair of substitutions because of injuries. In the just the 11th minute, Mike Lahoud went out with an ankle injury forcing veteran Mariano Trujillo into the match. Then just 27 minutes later midfielder Paulo Nagamura was replaced by Simon Elliott due to a foot injury.
"Obviously, we didn't expect that," Trujillo told MLSsoccer.com on phone after the match. "We had a plan and we wanted to stay with that plan. Also substitutions are to improve your team, so when you have to waste subs — if you can say that — on two injuries, it's tough."
As the Rojiblancos tried to find their feet after the two early substitutions, the Timbers were able to capitalize on the disarray with Eric Brunner scoring the decisive goal just before halftime. The Goats were able to rebound late and eventually pressure the Timbers in search of an equalizer, but Brunner's goal stood.
"It started with a turnover in the midfield and us not dealing with that sequence well," Fraser told MLSsoccer.com. "Eventually it makes its way to a corner kick, then a player gets lose and they score. It's certainly extremely disappointing for us to give up a goal in that fashion."
In addition to the early substitutions, the Rojiblancos were without forward Juan Pablo Ángel who, according to Fraser, was left in Southern California due to concerns about his ability to deal with the JELD-WEN turf.
The defeat marks a disappointing end to the Goats' five-game road trip, as they finish up with a 1-2-2 record. Although they end the month-long excursion just a single point out of the playoffs, the feeling around the locker room is that there were points left on the table.
"You always want to get more points," said Fraser. "Regardless of whether you're at home or on the road, you want to get three points and we just feel like we didn't get enough points and obviously, the standings will show that."
Chivas finished the night in 12th place overall, tied with D.C. United. Both clubs are on 31 points, one behind both Portland and the New York Red Bulls in the hunt for the final playoff slot.
Adam Serrano covers Chivas USA for MLSsoccer.com. He can be reached at email@example.com and on Twitter: @adamserrano


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Pilot John Testrake, 68, remembered for keeping cool while held at gunpoint during the 17-day hijacking of TWA Flight 847 by Islamic terrorists in 1985, died of cancer Feb. 6 in St. Joseph, Mo. The jet was hijacked to Beirut while en route from Athens to Rome. One passenger was killed by the assailants during the siege, which ended through American-Syrian negotiations. Testrake retired in 1987. He pursued a political career but lost a 1992 bid for a seat in the Missouri legislature….
Actor Guy Madison, 74, best known for his starring role in TV's The Adventures of Wild Bill Hickok (1951-58), died of emphysema Feb. 6 in Palm Springs, Calif. A ranch hand before trying Hollywood in 1942, Madison made some 85 films; he was last seen in a 1988 TV remake of Red River.
On Jan. 30 race car driver and car designer Carroll Shelby, 73, received a kidney transplant in L.A. from his son Michael, 49, a Texas oilman. In 1990, Shelby underwent a successful heart transplant, prompting him to launch the Shelby Heart Fund to help pay for such operations for poor children. Father and son have returned home, and doctors say the elder Shelby's prognosis is excellent.
Conni Marie Brazelton, 40, who plays Nurse Oligario on NBC's ER, and her husband, Michael George, 40, a screenwriter, welcomed their first child, a daughter, Michael Samarie (6 lbs. 14 ozs.), on Feb. 1 in L.A.
Brigadier Andrew Parker Bowles, 56, whose former wife, Camilla, is Prince Charles's mistress, married Rosemary Pitman, 55, on Feb. 7. Parker Bowles's 20-year marriage ended last year. Pitman, who is a friend of Camilla's and has known her new husband for more than 30 years, is also divorced.
Citing "irreconcilable differences," Elizabeth Taylor, 63, filed for divorce from her seventh husband, construction worker Larry Fortensky, 44, on Feb. 5, in L.A. superior court. The couple, who met at the Betty Ford Clinic, wed in 1991. They separated Aug. 31….
After two years of marriage, actress Teri Garr, 46, and John O'Neil, 44, a contractor, filed for divorce Feb. 6 in L.A. They have a daughter, Molly, 2.
After an 18-year relationship, singer Judy Collins, 56, and industrial designer Louis Nelson, 59, have thrown caution to the wind and are planning an April 16 wedding. It is the second marriage for Collins and the third for Nelson. Collins's only son, Clark, committed suicide in 1992 at the age of 33.
On Jan. 26, Jane Bronstein, 54, a professional bridge player from Manhattan, filed suit against Late Show host David Letterman, 48, in Stamford, Conn., superior court for unspecified damages, claiming he violated her right to privacy when he videotaped her voraciously devouring a peach—with juice dribbling down her chin at last year's U.S. Open tennis tournament and then played the tape, repeatedly, on his show.


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Korean cooking forum topics
Home › Forums › Korean food discussion › Kunjip Restaurant – NYC
This topic contains 0 replies, has 1 voice, and was last updated by ck1 5 years, 8 months ago.
Kunjip Restaurant
9W 32 St
New York, NY
My husband, 5 year old and myself found this little place by chance while in NYC. We loved it! My husband (who is Korean and I am not) is NOT that adventurous – so unfortunately I didn't get to try some of the things I wanted to. He tends to stick to bulgogi & jap chae ….. I wanted to try the tongue – but no luck! The banchans were yummy.
I couldn't get enough of the ojinguh che (오징어채 볶음). I ate it like candy – and asked for a second dish!
I've since made it at home …. although I didn't quite get it the way the restaurant did – it was still yummy! (I'll see if I can attach a photo of mine)
Anyone else tried this place – Kunjip Restaurant in NYC?
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Maples bowing to Lindens at Albany park
OGS removes 11 trees planted in 1976 at West Capitol Park to be replaced by urban-friendly variety
Updated 7:46 am, Wednesday, April 4, 2012
ALBANY — The Office of General Services on Tuesday cut down and uprooted 11 sugar maples that had been growing in West Capitol Park close by the Capitol for 36 years.
According to OGS spokeswoman Heather Groll, the removal was something of a mercy killing: The trees' root systems had suffered grievous damage after 10 years of proximity to the heavy equipment and supplies used in the ongoing repair and renovation work on the Capitol.
"We knew that it was possible they wouldn't make it," said Groll.
The trees were planted in 1976 by the American Association of Nurserymen, now known as the American Nursery & Landscape Association.
More Information
The landscape won't be bare for long.
By May 1, OGS intends to plant six Redmond Lindens — three on either side of the exterior western steps of the Capitol — to replace the unfortunate maples, Groll said. That's roughly two years ahead of the timetable that was in effect before Gov. Andrew Cuomo kick-started the final phases of the Capitol work after taking office in 2011.


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"Project Serve" Recap!
On the Other Side of Go: INDO
Alumni Wave – "Where Are They Now?"
Flavor of Internship
Character 15
Thanksgiving Luau
This year, Surfing The Nations is once again preparing to host a fall Thanksgiving event for the community of Wahiawa. This year's event is luau themed! We are planning to bring the traditions of both the classic American Thanksgiving with that of the local Hawaiian community. Our motto here at STN is "Surfers Giving Back" and what a better time than Thanksgiving to show our amazing community just how much we love and appreciate them. Our heart for this event is to provide a safe and loving environment where residents of our local community who might not have a ...
California, Here We Come!
It's that time of year again! STN founder Tom Bauer and our stellar staff member Ryley Snyder are in California and they want to see YOU! Here's how you can make that happen: November 1st- STN Reunion Day at Huntington Beach Pier, Southside Pier from 10-1 ! Everyone is welcome. Come bring what you would like to eat and we will have a simple BBQ. It's a time to catch up, talk story and surf! Lunch will be at 12, but feel free to come any time between 10 and 1! November 7th- There will be surf sesh/gathering for people that are interested in coming out to STN at ...
The Youth Of Wahiawa Thrive in Ulu Pono
Today's blog post comes from Ulu Pono director Brittany Southwick. The Ulu Pono program has grown by leaps and bounds over the years, and with the continued support of local charities and volunteers, so have the kids! Brittany writes about the amazing summer that the Ulu Pono kids an teens had and tells us what's happening this school year "The summer of 2014 brought deeper relationships, more fun and education to the Ulu Pono Department at Surfing the Nations. Over the months of June and July, we traveled all around the island every Wednesday and Thursday ...


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13ft Replacement Jump Mat
We know that all products eventually succumb to wear and tear, the trampoline mat is no exception, even though the trampoline mat is made from high quality materials, its natural life can come to a premature end by accident.
This product is only suitable for round trampolines with 80 springs with a length of 165mm
This item is the black mat in the centre and not the blue padding that covers the springs
The 13ft dimension refers to the overall diameter of the trampoline (taken from the outer frame of the trampoline and not just the jump mat width)
We always advise that the trampoline jump mat is replaced every 3 years as the material will degrade over time due to UV rays and weather conditions.
Note: To Ensure that you order the correct size please check our measuring guide before ordering..
13ft Trampoline With Enclosure
13ft Trampoline: 4pc trampoline set Save £39.99
- Jumping mat made of A grade Permatron Polypropylene from the United States.
- UV resistant, sewn with heavy duty UV resistant thread and using galvanized v-rings.
- The mat is black in colour and has the Atlantic Trampolines logo in the centre.
Unsure if these will be suitable? Please call us on 0800 032 5879 should you have any questions before purchasing.
We offer FREE next day delivery throughout mainland UK.


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This product is no longer available.
You can try these similar gifts instead.
Personalized One Liter Wine Decanter
They'll store and serve their favorite vintages with class and elegance when you surprise them with this gorgeous wine decanter that features a genuine birch wood stopper personalized with the initial of your choice.


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Hi Everyone!
PLEASE forgive the dust while we move our website to a new home! We are operational and still have all our awesome free printables available. So feel free to look around and get inspired! Cheers!
Start this jolly holiday season with fun free Christmas coloring pages. 'Tis the season for lots of excitement and joy for both young and old.
Anticipation starts to build early as Christmas approaches. Some are making lists, feasting on cookies and milk, picking out the right tree, wrapping presents (the ones that Santa doesn't bring), decorating, listening for reindeer bells and the most fun of all, trying to catch a glimpse of Santa. This certainly is lots of fun and a great way to entertain children as we countdown the days till Christmas by giving them fun interactive Christmas coloring pages.
Our goal is to bring you quality coloring pages that children love to color. You will find everything from easy to more challenging so that there is something for all ages.
Have children use crayons, markers, colored pencils, water color and any other medium to create their masterpieces. If you want to save as a keepsake, have them write their name and year. It's great to look at these as the years pass and they grow right before your own eyes.
Merry Christmas and Happy Holidays to all, Enjoy!
Color Santa and Mrs. Claus on the snow. To download, right-click on your mouse and save to your computer or drag to desktop (Mac users). Set printer to "scale to fit" and landscape position.
The Christmas holiday season is such a cheerful holiday. Children are filled with excitement and looking forward to the big day. Keep them entertained with fun Christmas coloring pages. There are so many Christmas themes that we decided to separate the coloring pages by theme to make it easier to find exactly what you are looking for. Find your favorites and click on the image for free download.
To print the Little Mermaid Christmas coloring page below simply drag to your desktop or right-click mouse, save and print.
Elf-On-A-Shelf has become quite the phenomenon. It started over 5 years ago when these adorable elves started appearing. This special scout elf is sent from the North Pole to help Santa on his naughty or nice list. When a family adopts an elf and gives it a name, the elf receives its Christmas magic and can fly back to the North Pole each night to tell Santa Claus about all the day's adventures.
Both my daughters actually adopted their own elf the very first year they started appearing and we had fun watching all the mischievous fun their elves had. I remember when they first came to our house some weeks before Christmas and we found our Christmas tree wrapped in bathroom paper with one elf inside the tree and the other hiding in the toilet paper roll. We all had a great laugh and wondered what else they might do while they were here.
I must admit that we were not aware of the "no-touch" rule which says that you can not touch the elf or they lose their magic. My girls played with them and slept with them and they even stayed till the following summer (because my younger daughter could not bare to part with her elf) with the approval of Santa Claus.
Elf on a shelf is certainly popular and these last couple of years these elves have been appearing in the funniest ways. Bring Elf on a shelf to your home this christmas with these fun coloring pages, printables games and crafts.
These elves are cute but they are pricey too, especially if you have more than one child. Make your own easy elf on a shelf here. It's not exactly like the real one but work well especially for the little ones.
Elf On The Shelf Coloring Pages
Kids will love coloring these fun elf-on-the-shelf coloring pages. Download one or all here.
Elf On A Shelf Printables
WOW!!! Couldn't wait to share this with you! Christmas coloring pages that you can personalize with the click of the mouse and print (from home), for FREE!! Love it!
Children love to see their name on .....Anything! How cool is it that you can personalize a coloring page? So much fun and so simple! You can find these images and lots more at Frecklebox. They have 2 different Christmas coloring pages (shown below). Click on image to go directly to personalize and print the Christmas pages below or click here to check out all the coloring pages on their site.
Here's a fun Christmas doodle coloring page for older kids. This art is by Julia from Just color and we just love it! It's full of cute images to entertain for hours!
Bubble Guppies Christmas Maze
Help the Bubble Guppies, Molly and Gil, find their way to Mr. Grumpfish's house to celebrate the Christmas holiday. Find presents, gingerbread cookies, candy canes and lights along the way.
Peppa Pig Christmas Maze
Help Peppa and George mail their letters to Santa by following the path to the mailbox.
Here's an easy gingerbread man connect-the-dots that's fun for younger children. Then they can color it when their done connecting the dots.
We love BINGO! It's such a great family-friendly game that both young and old can play together. This free Christmas BINGO game by Crayola brings 5 different printable BINGO cards. The fun part about playing this BINGO game is that when the "caller" pulls out an image that's on your board, you get to color it. The first one with 5 colored squares in a row, wins! Click on image for download. Download will take you to the general Crayola page and then just scroll down. We did it this way so it would be easy to see all 5 boards. Have fun!
Entertain kids while their waiting for the big day with this free printable Santa Claus mask. To make a DIY sled, grab a large cardboard box and cut the top lid off, tape some jingle bells to the box, open 2 holes on the box and loop some ribbon or string throughout the holes. Leave the string long enough so that there is some space between the child and the box, then tie the ribbon around child's waist. To make easy and budget friendly reindeers, get 2 long branches and wrap some jingle bells around the branches and for a finale use brown chenille stems (pipe cleaners) and shape it around the end of the twig or branch to make it look like deer antlers and Voila! You have 2 branch reindeers!
Make some pretend presents for them to deliver (to other family members, the cat, the dog, pretend friends, toy animals like their favorite dinosaur, stuffed animals and toy characters like Spiderman, etc.). You can also make mini presents for everyone on the list. For example, if they are going to deliver to Spiderman and you happen to have some left over spider web from halloween, you can roll some of it up into a soft ball and tie a ribbon around it, add a name tag and you just made yourself a great Spiderman present.
If you want to be extra clever, tie ribbons around small stacks of laundry and have them deliver it to their room, this way you get 2 jobs done at once.
I can see I'm getting carried away once again with my Santa mask idea so I'll stop before I turn this into a Christmas party. Kids can run around the house pretending to be Santa with this free mask and a DIY sled and reindeer....How Fun!
Having a friend over? No problem, have friends become Santa's elves with this cute free printable elf mask. Print one for each friend and they are ready to accompany Santa on his deliveries. These masks are also tons of fun for a child's Christmas birthday party.
Let Rudolph guide your sled tonight.......! This free printable Rudolph mask is perfect for pretend play or a birthday party. Click on image to download.
Build your own snowman with this free download from Spoonful which comes with 5 pages of printables including facial expressions, clothing, hats and hands.


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Brand Label: 222 Fifth
67% ITEM DISCOUNT AT MACYS! WAS Pin It
222 Fifth Winter Cardinal Oval Platter Home - Dining & Entertaining Tableware - Serveware.
Shop other brand label items from 222 Fifth on FashionStylist.com.
This item was published for sale online by macys on September 4, 2017 1:38 pm and last updated by us November 15, 2017 10:46 am.
macys Note: This vendor may charge a fee of $10.95 for shipping and handling of this item. See website for further details and/or any volume discounts.
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The Martha Stewart Living Seal Harbor Towel Ring in Polished Nickel features a wall-mounted design that helps to cleanly hide its mounting hardware. This Seal Harbor Towel Ring comes with a unique Hang and Go mounting hardware system that's neatly concealed and extremely easy to install. It offers an appealing finish to accent your bath decor. Strong architectural lines from turn-of-the-century design are captured in the Seal Harbor Towel Ring. This Towel Ring adds a clean, simple touch to both contemporary and traditional looks. Look for other coordinating items in the Seal Harbor collection to complete your bath suite.
- Wall-mount design
- Polished nickel finish coordinates with the Martha Stewart Living Seal Harbor Faucet (faucet not included)
- Made of zinc
- 10 lb. capacity
- Hang-and-go installation
- Concealed mounting


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The superintendent was present to answer any questions on the bond issue.
By Jon Moffett
AUSTINTOWN — If Vincent Colaluca and the Austintown school board haven't answered questions about the upcoming bond issue, it hasn't been for a lack of trying.
Colaluca stood patiently behind a table at a special town-hall meeting to answer any questions and discuss community input on the bond issue Monday evening at the Tabernacle Evangelical Presbyterian Church on Raccoon Road. In front of him was the conceptual model for the new buildings and not much else.
Only a handful of people attended the meeting, which was designed to explain a 2.9-mill bond issue that will be placed on the ballot next month. If passed, the money collected would fund the local 53 percent share, or roughly $26 million, of a $50 million expansion project. The state would fund the remaining 47 percent.
Those who did attend were satisfied with the answers they received.
"I'm just trying to get as much information as I can so come Election Day I'll be able to make a better, informed decision," said Rich Klena, 37, who has a child enrolled in Frank Ohl Intermediate School and another who will begin kindergarten at Watson Elementary School next fall. "The specific questions that I had have been answered."
Klena also observed the model for the proposed campus-style layout the district would use if the bond issue passes.
The district is made up of several small "feeder" elementary schools. Those schools would be consolidated into two new facilities: a kindergarten-through-grade two building and another to house grades three to five. The new buildings would be constructed on the current sites of Watson and Frank Ohl.
"I love it," Klena said of the layout. "Austintown Middle School is really nice and state-of-the-art. The whole campus idea is very appealing and hopefully it will become a reality. It would be an asset to the community, certainly."
Anne Booth, 45, of Youngstown, has three children enrolled in the district through its open-enrollment policy. Though she cannot vote on the issue, she wholeheartedly supports it.
"I think it would mean everything to the district," she said. "Our children are our future, not to sound like Whitney Houston. You have to put the time, money and resources into them because they're going to be our future leaders. We just need to put the effort into it."
Colaluca was not discouraged about the lackluster turnout and joked that it must mean there are few issues with the project.
One issue brought up during past discussions was a lack of parking. Complaints have been made that there is not adequate parking currently, and the new model, which features three soccer and two softball fields in the center of the layout, would decrease it further.
But Colaluca said all issues can be solved collectively with the community.
"I've heard people bring up parking, the playgrounds aren't big enough, but it's just a conceptual model," he said. "The softball and soccer fields can be more parking or be more playgrounds. ... What the community needs to know is that when this bond issue passes, they will have the opportunity to voice their concerns and give their input on what these buildings will look like."
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LOS ANGELES (AP) — Authorities say 11 people were injured when the church van they were in was struck by an allegedly drunk driver in Los Angeles.
Police Officer Norma Eisenman said a black BMW collided with the white Ford van near Koreatown early Saturday.
The 11 passengers in the van complained of minor injuries, but none were life-threatening, she said.
The driver of the van was booked on suspicion of driving under the influence of alcohol, a felony. The suspect's name was not released.
Eisenman could not confirm TV news reports that the van was from New Life Vision Church in Arlington Heights.
(© Copyright 2012 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)


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On Saturday, successful bidders at an auction at Gettysburg's American Civil War Wax Museum will be taking home life-sized figures of President Abraham Lincoln, Generals Thomas "Stonewall" Jackson, Ulysses S. Grant and William T. Sherman as well as unnamed slaves, soldiers and civilians.
The 52-year-old museum that featured tableaus from the war such as the assassination of Lincoln was sold last year and is expected to open in late-June with new exhibits.
The auction begins at 9 a.m. on Saturday, March 15 and will continue until all 303 items that include furniture, paintings and books are sold, said museum general manager, Stephanie Lightner. Bidders won't see the actual items but will bid on images projected on a screen. She said the museum will be open Saturday for last minute inspections between 7:30 a.m. and 9 a.m.
As of Friday, about 200 people had signed up for bid cards during the preview and as many as 300 more are expected Saturday, Lightner said. Successful bidders don't have to worry about the figures melting on the trip home because only one of the approximately 100 characters is made of wax. The others are made of vinyl but direct sunlight could fade their colors, she said.
Lightner said she is unable to estimate what the auction will bring because this is the first of its type. "I do know that a new figure today, just a generic person, would cost between $6,000 and $8,000," she said. "If it is customized to resemble a certain personality with special hair and eye color, the cost would be about $15,000."
According to an advertisement by the auction house, buyers will need to have Visa, MasterCard or cash.


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Here's the real deal: I love to bake. And I love attention. (Hey, it's the truth, so why hide it? Ain't no shame in my game.) So what better way to achieve both simultaneously than a baking blog?
I'm known, to an extent, for my cereal-based desserts (think, Rice Krispies treats...TO THE EXTREME!), hence the name. But I certainly don't limit myself. Cakes, cookies, pies, brownies, breads, I bake 'em all.
I hope you enjoy reading about my baking exploits as much as my tasters enjoy their part of the process (Ha, doubt it, suckas!).
- The Cereal Baker
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text:
|Typ av kungörelse
|14 aug 2001
|5 apr 1999
|3 jun 1998
|Även publicerat som
|Herbert Günther
|Ursprunglig innehavare
|Gunther Heisskanaltechnik Gmbh
|Exportera citat
|BiBTeX, EndNote, RefMan
|Citat frĺn patent (9), Hänvisningar finns i följande patent (47), Klassificeringar (7), Juridiska händelser (4)
|Externa länkar: USPTO, Överlĺtelse av äganderätt till patent som har registrerats av USPTO, Espacenet
The present invention relates to a valve-type nozzle.
In injection molds, such nozzles are installed with hot runner systems through which a plastic material melt is fed at a temperature of e.g. 200° C. under high pressure to a separable tool block that has a mold cavity and can be cooled so that the injection-molded item will quickly solidify. Depending on the material, nonuniformities such as "cold slugs" or stress-loaded areas may develop at the gate because of the abrupt temperature transition and owing to possible flow obstructions.
Furthermore, very accurate dosing of material is important and has to be warranted even with rapid succession of shots, especially for products of small dimensions. In valve-type nozzles, usually a conical tip of a generally piston-driven needle valve is employed to open and close a gate opening periodically. Since extremely high pressures of e.g. far more than 1,000 bars are effective, precise sealing in the closed position is just as necessary as exact guidance of the needle valve.
DE 3403 603 A1 describes a positively controlled needle valve for injection nozzles wherein piston guides for needle valves are provided above a distributor or manifold plate penetrated thereby; underneath said distributor, the needle valves are supported in sliding guides. Feeding channels below lead into a hot runner for a melt coming from the distributor, which flows around each needle valve and out of the hot runner so long as a needle-valve end journal will not seal a closing piece (a gate ring).
Later on, special needle sections were proposed, e.g. according to DE 197 17 381 A1, a projection or triangular bevels adjacent the needle tip. Relatively difficult to produce are radial webs provided at the lower end of the nozzle or needle sleeve, respectively, which enclose the needle valve concentrically. For a nozzle with internal heating in the upper part, EP 0 781 640 A2 provides a guide head that is integral with the needle valve, slides into an externally heated bushing and has inclined material outlets.
According to DE 32 45 571 A1, there is in the area of the needle tip a precentering body which has radial passages. However, owing to its close fit in a heat-conducting nozzle, heat losses occur that are particularly undesirable near the gate. EP 0 374 346 B1 provides lips that partially enclose the needle valve and leave only a lateral longitudinal channel open for feeding material. According to DE 296 09 356 U1, such a feed channel may be designed as an inclined needle-valve recess that passes over to a narrow centric channel on which a narrow circumferential slot forms a material outlet for injection molding of very flat items from their narrow side.
The known arrangements have in common a drawback that, in spite of considerable mechanical design efforts, reliable guidance of the needle valve is not always guaranteed under high injection pressures. Eccentric loads will not only cause a high degree of wear, but will also provoke flow irregularities in the molten material whereby the quality of finished products may be degraded.
It is an important object of the invention to overcome these and other disadvantages of the prior art by simple means and to produce an improved valve-type nozzle in which an off-balance flow load is avoided and perfect needle guidance is warranted. It is another object of the invention to apply its design principle to positively controlled valve-type nozzles as well as to individual nozzles provided with needle valves that are piston-driven either directly or via shift levers.
The features of the invention are specified in the appended claims. In accordance with the invention, a valve-type nozzle as mentioned initially for hot runner systems through which a plastic material melt is fed under high pressure to a separable and coolable tool having at least one mold cavity for injection-molded items, which nozzle is heatable and comprises at least one needle valve supported by sliding guides within the nozzle, such that the melt fed through a material pipe passes around at least a lower section of the needle valve, and further comprising upstream of a mold cavity in an antechamber at least one outlet adapted to receive a closely fitting needle, the invention provides that the needle valve includes, in a lower section upstream of the needle end, pressure-relief means in direct flow-connection with the antechamber. Therefore, as the needle end enters the outlet during the closing phase and the melt mass present in the antechamber is inevitably displaced, the resulting material compression and pressure boost will automatically even out.
According to one aspect of the invention, the pressure-relief means comprises in a guide piece at least one branch-off bore that runs e.g. radially to the longitudinal direction of the needle, at any rate at an angle which, in accordance with another feature of the invention, is smaller than or equal to 90°. In particular, according to a further feature, the or any branch-off bore may extend through the guide piece in a transverse or inclined direction. It will be recognized that such pressure relief means can be produced with a minimum of manufacturing effort.
The same applies if optionally or additionally there is, according to still another feature of the invention, in the lower section of the material pipe and in a transverse or inclined direction thereto, at least one branch-off bore an end of which opens exactly into a top zone of a free space that leads to the antechamber and is provided between the material pipe and a mouthpiece. This bore will permit or assist melt flushing and will also contribute to the pressure relief in the antechamber. In order to obtain a pressure distribution as uniform as possible, another aspect of the invention provides a group of bores at the periphery of the material pipe and/or of the guide piece, advantageously in a radial or star-type array.
Still another feature of the invention provides in the nozzle a two-stage centering device for the or any needle valve, whereby secure fit at the valve seat is guaranteed, e.g. in the fashion of a cylindrical or conical seal. In particular, according to yet another aspect of the invention, precentering means for the valve needle serve to pilot it towards the sealing face so that wear which cannot be totally avoided under heavy material load will be reduced to an absolute minimum. For this purpose, the lower needle section may, according to still another feature of the invention, have at least one taper or shoulder to be introduced in a self-centering manner into a matching internal profile of a guide piece associated to the material pipe. Although it has been known from DE 38 33 220 C2 to use, in addition to a sealed upper piston guide, a double cone at a needle tip as a lower precentering device, no pressure relief at all from the antechamber is provided in the conventional design so that a large pressure boost will occur each time the needle valve moves into its closing position. According to the present invention, however, pressure relief will always subsequently be effected via a gap between the needle valve and the mouthpiece.
According to still another aspect of the invention, the shaft of the needle is advantageously arranged above an upper taper or shoulder in an upper guide by which it is slidably enclosed. Optionally or in addition, a smaller diameter shaft portion of the needle may, by yet another aspect of the invention, be shiftable with close fit in a lower guide located above a lower taper.
In line with still other concepts of the invention, the guide piece may advantageously have two transverse bores arranged at an axial distance, which bores can be arranged at an angle to each other, in particular at right angles and staggered in height. By extremely simple means, this arrangement will thus warrant pressure relief under especially favorable flow conditions.
Further features, details and advantages of the invention will be evident from the wording of the claims as well as from the following description of embodiment examples by way of the drawing wherein:
FIG. 1 is an enlarged axial section view of the lower end of a valve-type nozzle,
FIG. 2 is a similar axial section view of a different nozzle design,
FIG. 3 is a simplified axial section view of a valve-type nozzle in an open position and
FIG. 4 is a view corresponding to FIG. 3, but in a closed position.
FIG. 1 shows the lower part of a valve-type nozzle generally designated by 10 including, within a nozzle body 12, a material pipe 14 with an external heating device which is designed as a heater coil 16 in the example shown. A retainer ring 15 ensures the correct position of the heating device on the material pipe 14 whose lower end is screwed to a mouthpiece or guide piece 40 having an outlet 18 at its lower end. Guide piece 40 is made of a material of high thermal conductivity, e.g. above 80 W/m K.
Centrally in the material pipe 14, there is a needle valve 20 whose lower section 22 has an end piece 24, e.g. a plug or pin, that sealingly fits a valve seat 26 when the needle valve 20 is in its down position. A lower guide 28 ensures an exactly concentric position of the end piece 24 that is adjustable by the height of the needle stroke h between an open position indicated by continuous lines and a closed position indicated by dash-and-dot lines. In the embodiment shown, the lower guide 28 comprises three radial webs which enclose the end piece 24 concentrically, though in a slidable manner.
Below the nozzle body 12 an insulating gap 48 is provided that in this embodiment is partly taken up by a filling body 50 of high-temperature resistance. A bush 60 confines an antechamber 30 and has a flow outlet 58 at a tool contact surface 56.
As the needle 20 moves downward after the injection process, the melt in the antechamber 30 will be exposed to high pressure by the displacement volume of the end piece 24. In order that the mass can evade, the guide piece 40 is provided with at least one branch-off bore 32 whose outer end leads exactly into the top region of a free space or recess 33 provided between the material pipe 14 and the mouthpiece 40. Thus the bore 32 will cause or at least assist a flushing effect for the melt and will, in addition, provide pressure relief in the antechamber 30.
The branch-off bore 32 or a group of branch-off bores 32, respectively, is preferably located at an angle W of e.g. 45° to the axis or longitudinal direction L of the needle valve 20. Distributed over the circumference, e.g. three or four of such branch-off bores 32 may be provided in order to achieve uniform pressure distribution. A close fit 45 between the lower ends of nozzle body 12 and of material pipe 14 is important. For this purpose, the recess 33 is advantageously designed so that the injection pressure will increase the sealing effect by allowing resilient expansion of the bottom end of material pipe 14. The insulating gap 48 provided below and the filling body 50 serve to minimize heat losses between the heated material pipe 14 and the antechamber bush 60 as well as the tool, respectively.
The construction shown in FIG. 2 is generally similar. For supporting the material pipe 14, a titanium ring 52 is provided. Its small heat conductivity of e.g. below 10 W/m K and insulating gaps substantially contribute to minimizing heat flow out towards the antechamber bush 60. A tight fit of ring 52 to the tool contact face 56 is ensured by a recess or undercut 51 therein (FIG. 2). It will be noted that the branch-off bores 32 in the guide piece 40 are arranged symmetrically opposite each other.
With a basically comparable design, the embodiment represented in FIGS. 3 and 4 shows (if simplified) at the guide piece 40 an upper transverse bore 32 and a lower transverse bore 34 at an axial distance and at right angles to each other. The titanium ring 52 may be provided with peripheral grooves 54 in order to reduce the contact surface and, consequently, heat dissipation towards the casing.
Furthermore, the lower section 22 of needle valve 20 is tapered by two steps. It will be seen that an upper taper or shoulder 46 is joined by a shaft piece 44 of smaller diameter. A transition from a lower taper or shoulder 36 is followed by the cylindrical end piece or pin 24. Here, guide piece 40 is provided with a matching internal profile 42 at its lower end. When moving down from the open position (FIG. 3), needle valve 20 is first prethreaded or guided by its upper shoulder 46 in a cone-shaped area of the internal profile 42 at the level of bore 32. As the closing operation progresses, the lower shoulder 36 will self-center at lower guide 28 so that pin 24 fits exactly into the valve seat 26. The lower guide 28 is designed with very close fit so that pressure-tight sealing is achieved in the closed valve position. Molten material present under high pressure in the antechamber 30 will be automatically relieved via the bores 32, 34. It will be seen from FIGS. 3 and 4 that transverse bore 34 between guides 28 and 38 of guide piece 40 is not entirely closed by the intermediate shaft piece 44, whereby melt may escape into the antechamber 30. (In this connection be it remarked that in FIG. 4, the arrangement of guide piece 40 and needle valve 20 is shown in offset or swivelled by 90° as against FIG. 3.) In addition, FIG. 4 indicates a mold cavity K provided in the tool (not shown) for receiving the melt that solidifies to become a plastic material item.
It will be realized that in the embodiments of FIGS. 3 and 4, the needle valve 20 is guided by two steps towards the transfer opening 58 to the tool so that the lower needle section 22 is precisely threaded first into upper guide 38 and then into lower guide 28. Therefore, the needle end 22 will penetrate into the valve seat 26 practically without any abrasion or wear. The sealing end seat 26, 58 may be cylindrical or conical as required. Its immersion depth t (FIG. 4) may for example be between 0.2 mm and 0.3 mm.
Despite extremely high melt pressure, the invention can because of its two-step bottom guide centering dispense with conventional guides formerly provided in more upward or inward nozzle portions. The upper guide 38 is, in fact, a precentering device that still permits some clearance, e.g. 0.2 mm in diameter. The guide piece 40 may be provided with this upper guide 38 already during manufacture, without any subsequent reworking. Once the guide piece 40 has been screwed into the material pipe 14, the lower guide 28 can be fine-ground concentrically to the material pipe 14 so that the shaft part 44 together with the lower taper 36 and the end piece or pin 24, respectively, are led to and into the transfer opening 58 of the tool essentially free of play. This fact greatly contributes to long service life and reliable operation.
The invention is not limited to any of the embodiments described herein, but is apt to be modified in many ways. In particular it is also applicable to cold runner devices wherein the material pipe is cooled and the tool is heated. The term melt is, therefore, understood here to also comprise cold fluid masses that solidify under heat, e.g. of an endothermic reaction. However, it will be noted that a preferred valve-type nozzle 10 for hot runner systems, through which a plastic material melt is fed to a separable and coolable tool that has at least one mold cavity K for injection-molded items, includes according to the invention at least one slidably supported needle valve 20 which valve may be flooded at least in a lower zone by the melt advanced through a material pipe 14. A needle end piece or pin 24 is adapted to be introduced with close fit into an outlet 18 arranged in front of a mold cavity K in an antechamber 30, sealing taking place at a valve seat 26 of e.g. cylindrical or conical shape.
Above and upstream of the valve seat 26, there is a pressure-relief device 32, 34 that is directly flow-connected to the antechamber 30 and comprises e.g. at least one branch-off bore 32 at a guide piece 40, running at an angle W to the longitudinal direction L of the needle. Optionally or in addition, the lower section 22 of the material pipe 14 may comprise at least one branch-off bore 34 leading to the antechamber 30, e.g. by way of a star-shaped group of bores 32, 34 at the circumference of the material pipe 14 and/or of the guide piece 40. The latter may advantageously be provided with two transverse bores 32, 34 arranged at an axial distance, i.e. vertically staggered, and in particular located at right angles to each other. The upper bore 32 permits pressure relief towards the thicker needle section (22) at the upper guide 38; the lower bore 34 provides pressure relief between the valve seat 26 at the mouthpiece 40 and the needle shoulder 36.
Furthermore it is important that the needle valve 20 is adapted to be introduced into its seat 26 in a precentered manner. For this purpose, the lower needle section 22 is provided with at least one taper or shoulder 36 for entering in a self-centering manner into the mating internal profile 42 of the guide piece 40 provided at the material pipe 14. The shaft of the needle 20 is preferably precentered in the upper guide 38, and towards the down position (FIG. 4), a thin shaft section 44 is tightly but slidably enclosed by the lower guide 28.
All and any of the features and advantages of the invention, inclusive of design details, spatial arrangements and procedural steps as evident from the claims, from the specification and/or from the drawings may be inventionally substantial both per se and in most variegated combinations.
List of Reference Symbols
needle stroke
mold cavity
longitudinal direction
dipping depth
[valve-type] nozzle
nozzle body
material pipe
retainer ring
heater coil
outlet (orifice)
needle valve
lower section
end piece/pin
valve seat
lower guide
branch-off bore(s)
branch-off bore(s)
lower taper/shoulder
upper guide
guide piece/mouthpiece
internal profile
shaft piece
close fit
upper taper/shoulder
insulating gap
filling body
titanium ring
peripheral grooves
tool contact surface
transfer opening
antechamber bush
|citerade patent
|23 aug 1984
|15 apr 1986
|Maschinenfabrik Hennecke Gmbh
|Nozzle for mixing at least two flowable reaction components
|28 apr 1988
|6 jun 1989
|Gellert Jobst U
|Injection molding valve gating one of two nozzles in tandem
|18 dec 1996
|3 nov 1998
|Ewikon Heisskanalsysteme Gmbh & Co. Kg
|Heatable needle seal nozzle assembly
|9 dec 1982
|20 jun 1984
|Maenner Otto
|Needle shut-off nozzle for injection moulds
|2 feb 1984
|14 aug 1985
|Koeppern & Co Kg Maschf
|Zwangsgesteuerter nadelverschluss fuer spritzduesen in spritzgiessformen
|30 sep 1988
|5 apr 1990
|Agfa Gevaert Ag
|Injection mould for the processing of thermoplastics
|24 apr 1997
|6 nov 1997
|Mold Masters Ltd
|Spritzgießventil mit Kopf- und Halsbereich
|24 maj 1996
|18 jul 1996
|Maenner Otto
|Nadelverschlußdüse mit Spritzgießform und Verschlußnadel
|9 mar 1989
|19 maj 1993
|Otto Männer
|Needle valve nozzle for injection moulds
|citeras i
|21 feb 2003
|26 jul 2005
|Mold-Masters Limited
|Valve pin guide for a valve-gated nozzle
|11 apr 2003
|11 apr 2006
|Gellert Jobst U
|Mold gate insert with a thermal barrier
|30 jul 2003
|11 apr 2006
|Mold-Masters Limited
|Valve pin guidance and alignment system for an injection molding apparatus
|13 feb 2003
|8 aug 2006
|Advanced Cardiovascular Systems, Inc.
|Nozzle and method for use in coating a stent
|17 dec 2002
|4 mar 2008
|Advanced Cardiovascular Systems, Inc.
|Nozzle for use in coating a stent
|24 feb 2005
|18 mar 2008
|Mold-Masters (2007) Limited
|Injection molding nozzle having an annular flow tip
|2 jun 2005
|29 apr 2008
|Mold-Masters (2007) Limited
|Valve-gated injection molding nozzle having an annular flow
|9 maj 2007
|7 apr 2009
|Mold-Masters (2007) Limited
|Injection molding nozzle with valve pin alignment
|16 jun 2006
|12 maj 2009
|Advanced Cardiovascular Systems, Inc.
|Nozzle and method for use in coating a stent
|11 dec 2006
|9 jun 2009
|Mold-Masters (2007) Limited
|Valve-gated injection molding nozzle having an annular flow
|18 jan 2008
|20 okt 2009
|Advanced Cardiovascular Systems, Inc.
|Stent coating apparatus
|23 jan 2008
|3 nov 2009
|Mold-Masters (2007) Limited
|Injection molding nozzle having an annular flow tip
|15 okt 2007
|18 maj 2010
|Hasco Hasenclever Gmbh & Co Kg
|Feed nozzle for injection-molding machine
|18 sep 2009
|24 aug 2010
|Mold-Masters (2007) Limited
|Nozzle for an injection molding apparatus
|25 aug 2004
|22 feb 2011
|Mold-Masters (2007) Limited
|Injection molding nozzle
|5 mar 2009
|5 apr 2011
|Mold-Masters (2007) Limited
|Injection molding nozzle wedge seal
|18 jan 2008
|9 okt 2012
|Advanced Cardiovascular Systems, Inc.
|Stent coating method
|8 dec 2009
|24 jun 2014
|Sames Technologies
|Valve for spraying coating material, and an atomizer including such a valve
|5 jun 2013
|24 jun 2014
|Mold-Masters (2007) Limited
|Coinjection hot runner injection molding system
|12 maj 2014
|7 jul 2015
|Mold-Masters (2007) Limited
|Coinjection hot runner injection molding system
|27 jun 2014
|5 jul 2016
|Nissei Plastic Industrial Co., Ltd.
|Hot runner nozzle and mold for forming multi-layer molded article using the same
|24 okt 2011
|22 nov 2016
|Mold-Masters (2007) Limited
|Coinjection hot runner injection molding system
|21 feb 2003
|11 sep 2003
|Rob Sicilia
|Valve pin guide for a valve-gated nozzle
|11 apr 2003
|25 dec 2003
|Mold-Masters Limited
|Mold gate insert with a thermal barrier
|30 jul 2003
|15 apr 2004
|Jonathon Fischer
|Valve pin guidance and alignment system for an injection molding apparatus
|21 nov 2003
|15 jul 2004
|Denis Babin
|Hot runner nozzle with a tip, a tip surrounding piece and an alignment piece
|4 nov 2003
|29 jul 2004
|Mold-Masters Ltd.
|Valve pin guiding tip for a nozzle
|8 dec 2003
|23 dec 2004
|George Olaru
|Nozzle tip and seal
|30 jul 2004
|6 jan 2005
|Denis Babin
|Nozzle seal for an injection molding apparatus
|13 apr 2004
|2 jun 2005
|Denis Babin
|Gap seal between nozzle components
|30 jun 2004
|23 jun 2005
|Mold-Masters Limited
|Injection nozzle system and injection molding machine incorporating same
|24 maj 2005
|29 sep 2005
|Mold-Masters Limited
|Injection molding nozzle
|24 feb 2005
|8 dec 2005
|Mold-Masters Limited.
|Injection molding nozzle having an annular flow tip
|2 jun 2005
|26 jan 2006
|Mold-Masters Limited
|Valve-gated injection moding nozzle having an annular flow
|16 jun 2006
|26 okt 2006
|Advanced Cardiovascular Systems, Inc.
|Nozzle and method for use in coating a stent
|27 feb 2007
|15 nov 2007
|Mold-Masters Limited
|Injection Nozzle System for an Injection Molding Machine
|15 okt 2007
|24 apr 2008
|Hasco-Hasenclever Gmbh + Co. Kg
|Feed nozzle for injection-molding machine
|23 jan 2008
|15 maj 2008
|Mold-Masters (2007) Limited
|Injection Molding Nozzle Having An Annular Flow Tip
|18 jan 2008
|5 jun 2008
|Yung-Ming Chen
|Stent Coating Method
|12 dec 2006
|12 jun 2008
|Boeing Company, A Corporation Of Delaware
|Method and system for object-based multi-level security in a service oriented architecture
|18 jan 2008
|19 jun 2008
|Yung-Ming Chen
|Stent Coating Apparatus
|9 maj 2007
|13 nov 2008
|Mold-Masters Limited
|Injection Molding Nozzle With Valve Pin Alignment
|5 mar 2009
|9 sep 2010
|Hitesh Kaushal
|Injection Molding Nozzle Wedge Seal
|8 dec 2009
|29 sep 2011
|Sames Technologies
|valve for spraying coating material, and an atomizer including such a valve
|27 jun 2014
|15 jan 2015
|Nissei Plastic Industrial Co., Ltd.
|Hot runner nozzle and mold for forming multi-layer molded article using the same
|1 jun 2005
|29 dec 2010
|Valve-gated injection molding nozzle having an annular flow
|27 maj 2005
|7 dec 2005
|Mold-Masters Limited
|Valve-gated injection molding nozzle having an annular flow
|425/564, 425/566
|Internationell klassificering
|Kooperativ klassning
|Europeisk klassificering
|5 apr 1999
Owner name: GUNTHER HEISSKANALTECHNIK GMBH, GERMANY
Free format text: ASSIGNMENT OF ASSIGNORS INTEREST;ASSIGNOR:GUNTHER, HERBERT;REEL/FRAME:009888/0692
Effective date: 19990319
|11 feb 2005
|Fee payment
Year of fee payment: 4
|14 feb 2009
|Fee payment
Year of fee payment: 8
|7 feb 2013
|Fee payment
Year of fee payment: 12


text:
Water Reclamation plant manager honored
Larry McFall, Plant Operations manager for the Rock River Water Reclamation District, was recently awarded the Water Environment Federation's (WEF) Hatfield Award during a statewide conference in Springfield, Ill.
The annual award is given to operators of wastewater treatment plants for outstanding performance and professionalism. The award was established in honor of Dr. William D. Hatfield, superintendent of the Decatur, Ill., Sanitary District, who was president of the Central States Sewage Works Association in 1944-45 and served as president of the Federation in 1958-59.
"Larry does a superb job coordinating development of plant services within the district," said District Executive Director Steve Graceffa. "We're very proud his work is being recognized by the WEF."
An unnamed member of the Illinois Water Environment Federation nominated McFall.
From the April 24-30, 2013, issue


text:
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Can anyone personally recomend a physician (preferably an osteopaath) that is skilled in prolotherapy for chronic low back pain in: NY, CT, or Boston. Willing to travel for the right doctor. Thank-you in advance for your reply.
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42,470 ways to enjoy music...
This product is currently not available for purchase
Product Ref: 70746
Warwick's Starbass features a semi-hollow Maple body that produces a full tone with a fat, warm low end. The bass's Maple body provides bright tones that are tight and precise, with warm lows, crisp high, and exceptional clarity. The Rockbass's Maple neck produces a punchy tone with bright characteristics and provides firm lows, sizzling highs, and a snappy midrange attack. The Rosewood Fingerboard makes the Warwick's tone warm and sweet, smoothing out any sharpness. The fingerboard also provides the highs with some sparkle, the lows with some thickness, and opens up the mids.
The Rockbass Starbass has a set of Vintage MEC single coil pickups that are made with alnico magnets to produce big, rich tones that are round and versatile. The neck pickups has a big, warm tone that's thick and smooth with a good response. The bridge pickup has a more mellow tone than neck pickup, and offers sharp, pointy tones. The bass has passive Rockbass electronics, with a three way selector, and two knobs each for volume and tone.
Warwick Rockbass produce affordable versions of Warwick instruments, creating copies using less exotic materials. Although they are made from more affordable materials, Warwick Rockbass produce high quality instruments ideal for musicians with a tighter budget that still desire quality.
The product price includes 6 years' warranty and 180 day money back guarantee.
However, the Gear4music extended warranty scheme provides an enhanced service, and is designed to offer a higher level of protection than many 'free' warranties offered by some retailers and manufacturers.
The highlights of this enhanced warranty service are:
Please note that this extended warranty is currently only available on products sold within the EU or EEA, and is subject to the terms and conditions as detailed on the extended warranty certificate provided.
For customers in outlying areas of the country, the price of the Extended Warranty may be marginally higher, due to the potential for higher collection and redelivery transport costs.
This enhanced warranty is in addition to the standard Gear4music and manufacturer warranty policies, and the Gear4music terms and conditions of trade. No statement or condition of sale contained within these terms affects or restricts your statutory rights as defined under the Consumer Contracts Regulation 2014.
Once the product is delivered, you have 180 days to decide that you definitely want to keep it. If you decide it is not suitable for any reason, you can return it back to us for replacement or full refund, including standard delivery charges.
All Products are new unless stated, and include a minimum of 2 years warranty.
Some items are only eligible for money back guarantee if they are returned to us unused and sealed in the original packaging, and in the case of software, unregistered. These items include:
We are unable to accept returns of any custom made items designed to work together as a unique package, such as computer system built to a customer's personal specifications. Exceptions may only be possible with prior agreement of the vendor, and may be subject to a cancellation fee.


text: MD & CEO of DEWA receives French delegation Related photos Wednesday, January 11, 2017 HE Saeed Mohammed Al Tayer, MD & CEO of Dubai Electricity and Water Authority (DEWA), received a high-level delegation headed by HE Michel Miraillet, French Ambassador to the UAE. The delegation included Jean Ballandras, Secretary General of Akuo Energy, Martine Kubler-Mamlouk, Deputy Permanent Representative of France to the International Renewable Energy Agency (IRENA), Laurent Longuet, Regional Director of Akuo Middle East, and Jean Daniel Lebon and Benoit Melen from the French Renewable Energy Association. Waleed Salman, Executive Vice President of Strategy & Business Development at DEWA, and Yousef Jebril, Executive Vice President of Power, Water & Planning at DEWA, were also present at the meeting. Al Tayer noted the successful relations between the two parties, which has resulted in a number of achievements. Al Tayer introduced DEWA's most important projects and initiatives that support the Dubai Clean Energy Strategy 2050, to transform Dubai into an international hub for clean energy and green economy. The strategy aims to provide 7% of Dubai's total power output from clean energy by 2020, 25% by 2030, and 75% by 2050. Al Tayer highlighted DEWA's initiatives and programmes to encourage education and scientific research, by providing a stimulating environment that is capable of facilitating competitive excellence to identify new solutions for clean energy.The visiting delegation introduced their latest techniques, solutions, and studies on renewable energy, and commended DEWA's efforts on sustainable development, and transforming Dubai into an international hub for clean energy. The delegation expressed interest in participating in DEWA's ongoing projects, and exchanging practices and experiences in clean energy, to contribute to the sustainable development of the Emirate. Tweet


text:
874 F2d 997 Whatley US Small Business Administration v. Guaranty Bank & Trust Company
874 F.2d 997
9 UCC Rep.Serv.2d 1092
In the Matter of John W. WHATLEY and Ruby L. Whatley,
Whatley Farms, Inc., Debtors.
U.S. SMALL BUSINESS ADMINISTRATION, Plaintiff-Appellant,
GUARANTY BANK & TRUST COMPANY, Defendant-Appellee.
No. 88-4474.
United States Court of Appeals,
Fifth Circuit.
June 7, 1989.
Joyce A. Oblon, Office of Gen. Counsel, Small Business Admin., Washington, D.C., Patricia D. Rogers, Asst. U.S. Atty., Robert Q. Whitwell, U.S. Atty., Oxford, Miss., for plaintiff-appellant.
Gretchen Pumphrey, Pat Scanlon, Bobby L. Dallas, Jackson, Miss., John W. Garrard, Montgomery, Varnado, Garrard & Trotter, Belzoni, Miss., for defendant-appellee.
Appeal from the United States District Court for the Northern District of Mississippi.
Before GARZA, JOLLY, and JONES, Circuit Judges.
EDITH H. JONES, Circuit Judge:
In this lien priority dispute between competing creditors, two questions are at issue: whether the debtor Whatley Farms, Inc. is a corporation under Mississippi law and whether Whatley Farms, Inc. ever obtained rights in the collateral (in this case farming equipment) which it pledged as security to the Small Business Administration ("SBA"). If either question is answered in the negative, a subsequent lienholder Guaranty Bank & Trust Company (the "bank") will prevail. The bankruptcy court determined that the SBA, although first in time, did not have a valid security interest in the farming equipment. 51 B.R. 676. The district court affirmed. Concluding that the bankruptcy court erred as a matter of law, we REVERSE.
The facts are undisputed. On October 28, 1975, the Secretary of State of Mississippi issued a certificate of incorporation to the debtor, Whatley Farms, Inc. ("Whatley Farms"). John W. Whatley and his wife, Ruby G. Whatley were listed as the incorporators.1 The certificate of incorporation and proof of publication were duly filed in the Office of the Chancery Clerk, Humphreys County.
The farming equipment used by the Whatleys in their agricultural operations was depreciated annually on the corporate tax return and considered by the corporation's accountant as a corporate asset from the inception of the corporation. No formal bill of sale ever transferred the equipment from the Whatleys to the corporation, however. Between 1976 and 1980, John Whatley purchased farming equipment in his personal name and financed such purchases with personal loans through Guaranty Bank. After its incorporation, Whatley Farms opened a corporate checking account with the Cleveland State Bank, Cleveland, Mississippi and used the account regularly in its business activities. The funds in this account were used for payment of obligations to Guaranty Bank on several occasions.
In 1981, the Whatleys relocated their farming business, including the farming equipment, from Humphreys County, in western Mississippi, across the state to Kemper County. On November 11, 1981, Whatley Farms borrowed $158,600.00 from the SBA and executed a security agreement and UCC-1 financing statement providing for a floating lien on all machinery and equipment excluding automotive, including, but not limited to, certain items of property described on a list appended to the UCC-1 financing statement. This statement was filed in Kemper County.
In April 1983 the Whatleys moved back to Humphreys County along with their farming equipment. On May 23, 1983 John Whatley obtained a personal loan from Guaranty Bank for which he granted the bank a security interest in much of the same farming equipment listed in the SBA's financing statement.2 The bank's financing statement listed the farming equipment as belonging to John Whatley; it purported to cover "all equipment" of John Whatley's farming operations.
Significantly, at the time that these loans were made Mississippi did not require duplicate filings of the financing statements both in the county of residence and with the secretary of state. Filing in the county of residence was legally sufficient. The SBA's financing statement was thus properly filed under Mississippi law in Kemper County, but was never filed with the secretary of state. Likewise, the bank properly filed its financing statement only in Humphreys County. Both the bank and the SBA have acted in good faith.
On April 23, 1984, John W. Whatley and Ruby L. Whatley filed a voluntary Chapter 11 petition with the bankruptcy court. On June 5, 1984, Whatley Farms filed its voluntary Chapter 11 petition. A priority dispute arose between the SBA and Guaranty Bank. After the district court upheld the bankruptcy court's ruling in favor of Guaranty Bank, the bank sold the farming equipment for $48,176. Proceeds from the sale are in escrow pending the outcome of this case. From the adverse decisions of the bankruptcy and district courts, the SBA appeals.
The bankruptcy court's logic is simple. Whatley Farms was not legally organized under the laws of Mississippi because it did not comply with certain corporate formalities. Not having a legal existence, Whatley Farms could not hold legal title to the equipment pledged to the SBA and never actually owned that equipment. The court therefore held that Whatley Farms could not grant a security interest in the equipment to the SBA because it was not a legal entity and did not own the equipment.
We disagree with each of these conclusions as follows: Whatley Farms, Inc. is a de facto corporation under Mississippi law. As such, it could own the farm equipment it continuously depreciated for tax purposes. But whether or not it owned the farming equipment, it had "rights in the collateral" sufficient to enable it to grant a security interest pursuant to Miss.Code Ann. Sec. 75-9-203. We will address Whatley Farms's corporate existence and then the validity of the SBA's security interest.
Mississippi law recognizes the concept of de facto corporations.3 In Allen v. Thompson, 248 Miss. 544, 158 So.2d 503 (1963), the Mississippi Supreme Court established three necessary conditions for de facto corporate status: (1) a valid law under which the entity could be incorporated, (2) a bona fide attempt to organize a corporation under the law, and (3) an actual exercise of corporate powers.4 Peculiarly, neither the bankruptcy court nor the district court applied Mississippi's test for de facto status to the facts of this case. The issue was not waived. Since the facts are undisputed, we may undertake the task ourselves in the interest of judicial economy.5
Sections 79-3-101 through 79-3-113 of the Mississippi Code, Miss.Code Ann. (1972), satisfy the first requirement,6 that there be a law enabling the company to incorporate. At the time of Whatley Farms's incorporation, section 79-3-109 provided that:
Upon the issuance of the certificate of incorporation, the corporate existence shall begin, and such certificate of incorporation shall be conclusive evidence that all conditions precedent required to be performed by the incorporators have been complied with and that the corporation has been incorporated under this chapter, except as against this state in a proceeding to cancel or revoke the certificate of incorporation or for involuntary dissolution of the corporation.
The record also reflects a bona fide attempt to organize the corporation. No simple or talismanic test exists to determine whether a corporation has satisfied this condition. See 8 Fletcher, supra n. 3, Sec. 3796; 18A Am.Jur. 2D Corporations, Secs. 243-48. Rather, we must examine all of the pertinent facts. The test is neither complete performance nor even substantial compliance; however, there must be evidence of at least a colorable attempt to comply with the statutory requirements by taking some of the statutory steps toward incorporation. See 18A Am.Jur. 2D Corporations Sec. 244.
The bank argues that the following undisputed facts preclude a finding of de facto corporate status: (1) the failure to pay $1,000.00 into the corporation as initial paid-in capital and the related failure to issue any stock, as required by Miss.Code Ann. Sec. 79-3-111, (2) the failure to hold an initial organizational meeting of the board of directors, as required by Miss.Code Ann. Sec. 79-3-113, (3) the failure to adopt bylaws, and (4) the failure to hold annual shareholders' meetings. To this list may be added the absence of corporate bylaws or of signed minutes for any directors or shareholders' meetings.
On the other hand, Whatley Farms had corporate officers. John W. Whatley was president, Ruby Whatley held the dual positions of secretary and treasurer, and the Whatleys' son John served as vice-president. Whatley Farms also filed a certificate of incorporation with the proper authority, the Office of the Chancery Clerk for Humphreys County. Section 79-3-109, quoted above, indicates the critical significance of this fact. Under Mississippi law, such a filing is conclusive evidence that the necessary conditions precedent have been complied with, except as against a challenge brought by the state in a direct proceeding.7
Although there appears to be no Mississippi case precisely on point, we are confident that Mississippi would find a bona fide attempt to organize Whatley Farms, Inc. The facts relied upon by the bank, taken individually or collectively, do not refute our conclusion. First, the Mississippi statutes do not require that a corporation adopt bylaws. Section 79-3-51 states:
The initial bylaws of a corporation shall be adopted by its board of directors. The power to alter, amend or repeal the bylaws or adopt new bylaws shall be vested in the board of directors unless reserved for the shareholders by the articles of incorporation. The bylaws may contain any provisions for the regulation and management of the affairs of the corporation not inconsistent with law or the articles of incorporation.
Thus, section 79-3-51 authorizes the board of directors to adopt the initial set of corporate bylaws, but the statute does not require their adoption or indicate any penalty for this failure.
Likewise, Mississippi courts have held on several occasions that failure to comply with the paid-in capital requirement does not, of itself, preclude a finding of de facto corporate status. In Quinn v. Woods, 134 Miss. 621, 99 So. 510 (1924), the Home Securities Company began operating before twenty-five percent (25%) of the authorized capital stock had been issued and the monies paid into the corporate treasury.8 At that time Mississippi law provided that "[a]ny corporation hereafter chartered ... is hereby authorized to begin business when so much as twenty-five (25%) per centum of the authorized capital stock shall have been paid into the treasury of the corporation...." The evidence indicated that a charter had been granted to the Home Securities Company, and a proper report was made to the secretary of state. The charter, however, was never filed for record in the county. The Mississippi Supreme Court held that the payment of twenty-five percent (25%) of the capital stock was a condition subsequent to the formation of the corporation and thus did not invalidate the corporate status of the Home Securities Company. Quinn drew a sharp distinction between conditions precedent and conditions subsequent. Where a statutory requirement for incorporation is a condition subsequent, failure to comply is less fatal to a finding of de facto status. Quinn v. Woods, 99 So. at 511. Accord Skarda v. Commissioner of Internal Revenue, 250 F.2d 429 (10th Cir.1957). This position was reaffirmed in Allen v. Thompson, 158 So.2d 503, and In re Estate of Hardin, 218 So.2d 889 (Miss.1969).
In a similar vein, the Mississippi Supreme Court has held that a corporation's failure to comply with its own bylaws does not necessarily imperil the corporate existence. In Smith v. Natchez Steamboat Co., 1 How. (2 Miss.) 479 (1837), the court held that neither the failure to hold shareholders' meetings as required in the bylaws, nor the additional failure to elect officers at times specified in the bylaws, would require the dissolution of the corporation. In fact, Miss.Code Ann. Sec. 79-3-53 (1972) specifically states that "[f]ailure to hold the annual meeting at the designated time shall not work a forfeiture or dissolution of the corporation."
In analyzing the facts of this case, we are mindful that
[s]ubstantial compliance with the [incorporation] statutes is not necessarily required for de facto corporate existence. There must, however, be at least a colorable compliance with statutory requirements by taking some of the statutory steps.
* * *
* * *
The nature and character of the informality or defect is immaterial so far as de facto existence is concerned, provided, notwithstanding such defect, it is apparent that there was an attempt in good faith to create a corporation and that in like good faith there has been an assumption and exercise of corporate functions.
18A Am.Jur. 2D Corporations Sec. 244. The efforts to incorporate here are similar to those in Skarda v. Commissioner of Internal Revenue, 250 F.2d 429 (10th Cir.1957). There the individuals filed articles of incorporation with the New Mexico State Corporation Commission and received a certificate of incorporation, which they duly filed. The entity, known as the Chronicle Publishing Company, was treated as a corporation for accounting purposes; evidence showed complete accounting books had been established. The entity also established a corporate checking account. Regular corporate tax returns were filed. According to the court, "[t]here were no meetings of stockholders of the corporation, it adopted no bylaws, no officers were formally elected, no minute books were kept, no corporate stock was issued and no property was formally transferred by the partnership to the corporation." Skarda, 250 F.2d at 432. Nevertheless, the Tenth Circuit held that the Chronicle Publishing Company was a valid corporation, at least for tax purposes.
We conclude that Whatley Farms attempted in good faith to incorporate and has therefore satisfied its requirement under the second prong of the test for de facto corporate status.
The third prong of the test is whether Whatley Farms actually exercised corporate powers. "The signing of a certificate of incorporation, though an element to be considered, does not create a de facto corporation, unless, after that step is taken, the incorporators do an act which shows that they are using corporate powers they have attempted to assume." 18A Am.Jur.2D Sec. 247. Fletcher, Cyclopedia of Corporations, states:
User of corporate powers may be shown by proof that the association elected officers or held meetings as a corporate body, that it maintained an office, or that it transacted business in a way which imports that it was acting as a corporation. User may be proved either by the production of written instruments executed by the corporation, or other corporate acts, or by parol evidence of the exercise of corporate powers. Proof of the actual exercise and enjoyment of the corporate powers and functions of a corporation, where there is no countervailing proof, is sufficient proof of user, as is general reputation, it has been held. On the question of user, evidence of members that the association claimed to be a corporation and that they never claimed or informed the plaintiff that the association was a partnership is admissible. On the other hand user cannot be proved by statements in the nature of conclusions, nor by mere opinions; and it has been held that the mere fact that an association did business under a corporate name does not show user, since it is equally consistent with existence as a partnership.
Fletcher, supra n. 3, Sec. 4142 at 559.
The bankruptcy court found that Whatley Farms's corporate minute book contained unsigned minutes for a special board of directors meeting in April 1976 and a resolution of the stockholders and directors dated May 24, 1984. In addition, a resolution dated November 11, 1981 authorized the corporation to apply to the SBA for a loan not to exceed $158,600.00 and to pledge the corporate assets as security for the loan. Whatley Farms continuously filed corporate tax returns and did business through a corporate bank account. As far as can be determined, John W. Whatley and his family continued to be officers of the company. The test for user must be applied in light of the particular circumstances of each case. We are persuaded that, despite their spotty compliance with corporate formalities, the Whatleys "used" Whatley Farms's corporate existence sufficiently to justify its status as a de facto corporation.9
The bank also argues that the Whatleys failed to organize Whatley Farms as a corporation within the time period allotted under Art. VII, Sec. 180 of the Mississippi Constitution.10 This failure, according to the bank, terminates the legal existence of the corporation. We have found no case addressing the proper use of Sec. 180. Nevertheless, to the extent that the bank is asserting that Sec. 180 precludes a finding of de facto corporate status, this argument is plainly wrong because Mississippi courts do recognize a de facto corporation. Even without divining the exact meaning of Sec. 180, one aspect of the section is apparent: Sec. 180 is not self-executing. The state would have to bring a proceeding against Whatley Farms for failure to comply with Sec. 180, which of course did not occur here. Therefore, even if Whatley Farms was in violation of Art. VII, Sec. 180 of the Mississippi Constitution, Whatley Farms's corporate status cannot be collaterally attacked by the bank.
The bankruptcy court found that, "There is no evidence in writing of a bill of sale, deed, or other instrument, except for book entries made by the corporate accountant in the depreciation schedules established for the corporation, that any personal property of any kind was ever lawfully transferred into the corporation by John W. Whatley, Ruby G. Whatley, or any other person, firm, or legal entity." The court accordingly determined that Whatley Farms could not pledge the farm equipment because it did not own the equipment. We find the analysis more complex.
Mississippi's enactment of the Uniform Commercial Code sets forth the requirements necessary for a valid security interest in Mississippi. A security interest does not arise unless (1) the debtor has signed a security agreement containing a description of the collateral, (2) value has been given, and (3) the debtor has "rights in the collateral." Miss.Code Ann. Sec. 75-9-203. The first question before us is whether Whatley Farms had rights in the farming equipment pledged as collateral to the SBA.
The bankruptcy court erred in equating a debtor's rights in the collateral with its possession of legal title. The Uniform Commercial Code does not equate the two concepts; they are not the same, and the distinction is crucial to our decision. A debtor need not have legal title to equipment in order to grant a creditor a security interest. See, e.g., Matter of Samuels & Co., Inc., 526 F.2d 1238 (5th Cir.1976) (en banc). Although one cannot generally encumber another's property, several exceptions have long been recognized. Consent by the property owner constitutes one such exception. See In re Pubs, 618 F.2d 432, 436 (7th Cir.1980). This case presents a classic example of consent.
John Whatley signed the corporate resolution authorizing the corporation to submit a loan application to the SBA and to pledge its corporate assets as security. More importantly, the SBA's security agreement and financing statement bear the signature of "John W. Whatley, on behalf of Whatley Farms." The financing statement specifically identifies and lists the farming equipment piece by piece as pledged collateral. Assuming, therefore, that the bank is correct in its contention that John Whatley actually owned the farming equipment, by signing the corporate borrowing resolution and security agreement, John Whatley consented to the corporation's pledge of the farming equipment.11 The corporation accordingly had sufficient rights in the collateral irrespective of outright ownership.
Our decision is consistent with the Eleventh Circuit's opinion in In re Atchison, 832 F.2d 1236 (11th Cir.1987), which examined the validity of a security agreement granted by a corporation. Estil Atchison, as an officer and shareholder of the corporation, executed a chattel mortgage running from the corporation to Merchants Bank. Later, having filed a Chapter 7 bankruptcy petition, Atchison claimed that the mortgage was invalid because the pledged property belonged to him personally. The court in Atchison disagreed with the debtor, stating that "all of the courts that have considered the question have ruled that an owner's permission to use goods as collateral creates rights in the debtor sufficient to give rise to an enforceable security interest [citations omitted]." 832 F.2d at 1239. Since Atchison himself signed the mortgage on behalf of the corporation, the court held, "his signature for [the corporation] was sufficient to infer his consent to [the equipment's] use as collateral." As the Tenth Circuit has observed, the UCC was designed, in part, to prevent hidden-title subterfuge in which the true owner of collateral, by permitting another party to exercise an outward appearance of ownership, could deceive third-party creditors to their detriment. See Kinetics Technology Int'l Corp. v. Fourth Nat. Bank, 705 F.2d 396, 399 (10th Cir.1983). Adopting the bank's position would revive the possibility of such subterfuge.
The bank also contends that the SBA's security agreement is defective. According to the bank, Sec. 75-9-203(1)(a) requires that the actual owner of the collateral sign the security agreement when the debtor and the owner of the collateral are not the same person.12 The bank draws support for its argument from Miss.Code Ann. Sec. 75-9-105 (1972), which states in pertinent part:
(1) In this chapter unless the context otherwise requires:
(d) "Debtor" means the person who owes payment or other performance of the obligation secured, whether or not he owns or has rights in the collateral, and includes the seller of accounts or chattel paper. Where the debtor and the owner of the collateral are not the same person, the term "debtor" means the owner of the collateral in any provision of the chapter dealing with the collateral, the obligor in any provision dealing with the obligation, and may include both where the context so requires;
(emphasis added). At least one court has adopted the bank's view. Northwest Bank v. First Va. Bank of Damascus, 585 F.Supp. 425 (W.D.Va.1984).
We cannot agree with the bank, however. The definitions in Sec. 75-9-105 are specifically qualified by the phrase "unless the context otherwise requires" in Subsection (1). The context of Sec. 75-9-203 does just that. Were we to construe the term "debtor" to mean "owner of the collateral," the section's third requirement, that the debtor have rights in the collateral, would be rendered meaningless. As our earlier discussion indicates, the third requirement covers a broader class of debtors than the actual owners of collateral. The term "debtor" appears three times in Subsection (1) of Sec. 75-9-203. General principles of statutory construction require us to interpret the same word consistently within the same subsection absent an express change to the meaning in the subsection itself. Therefore we must conclude that the drafters of the code did not intend to require the owner of the collateral to sign the security agreement. Rather the debtor must sign the agreement and have rights in the collateral.
The bank did not contest the validity of the SBA's financing statement. We note in passing that Miss.Code Ann. Sec. 75-9-402 requires the financing statement to contain the name and signature of the debtor. Some courts have held that under this section, the financing statement must contain the name of the owner of the collateral when the debtor and the owner are not the same. The purpose for the owner's signature on the financing statement is to protect searching creditors from being misled as to prior encumbrances on the debtor's property. Thus, although all parties must comply with all requirements of Sec. 75-9-402 to perfect the security interest, Sec. 75-9-402(8) specifically excuses minor errors which are not "seriously misleading." Section 75-9-402(8) was designed to ensure that minor mistakes which would not mislead creditors in their search for prior financing statements would not defeat otherwise valid financing statements. Compare Avco Delta Corp. Canada Ltd. v. United States, 459 F.2d 436 (7th Cir.1972) (financing statement filed under Canadian Parkhill Construction Equipment but Canadian Parkhill Pipe Stringing, Inc. actually owned the collateral) and In re Dwares, 6 B.R. 335 (D.R.I.1980) (name "Industrial National Bank" used as debtor's name, instead of actual name: "Industrial National Bank of Rhode Island") with White Star Distributors v. Kennedy, 66 A.D.2d 1011, 411 N.Y.S.2d 751 (1978) (Scheuerle but not Jerge, true owner of collateral, listed in financing statement) and K.N.C. Wholesale, Inc. v. AWMCO, Inc., 56 Cal.App.3d 315, 128 Cal.Rptr. 345 (1976) (financing statement listing JAPE as debtor did not contain any reference to AWMCO, the actual owner of the collateral). The indexing of financing statements is tied to the name of the debtor. These cases are not inconsistent with our previous conclusion that Whatley's signature, even though perhaps executed in the wrong capacity, was sufficient to bind him to the security agreement with SBA. The security agreement is a document governing only the borrower and lender, while a financing statement must provide notice to the world.
To summarize, we hold that Whatley Farms was a de facto corporation under Mississippi law. Furthermore Whatley Farms had sufficient rights in the collateral such that it was capable of granting a security interest in the farming equipment to the SBA. We therefore REVERSE the judgment of the district court, affirming the bankruptcy court, which rejected the SBA's claimed priority lien in the farming equipment.
The Whatleys were not sophisticated in setting up a corporation and relied heavily on their accountant for advice
This is the only Guaranty Bank obligation that is in issue. Earlier loans to Whatley personally when he purchased equipment were fully repaid
Some states, upon the adoption of the Model Corporation Act, have abandoned the concept of de facto corporations. See 8 Fletcher, Cyclopedia of Corporations, Sec. 3762.1 (1982); 18A Am.Jur. 2D Corporations Sec. 241 (1985); H. Henn & J. Alexander, Laws of Corporations Sec. 140 (3d ed.1983). See, e.g., Timberline Equipment Co. v. Davenport, 267 Or. 64, 514 P.2d 1109 (1973) (de facto doctrine no longer exists). SBA argues that evidence of Whatley Farms's certificate of incorporation should be conclusive proof of corporate existence in Mississippi. This may be true, but no Mississippi case directly supports that proposition. Because we conclude that Whatley Farms is at least a de facto corporation, we need not address how definitive a certificate of incorporation may be
Generally, a de facto corporation possesses all of the powers and rights (as well as the duties and liabilities) of a de jure corporation. The most significant distinction between the two is that the status of a de facto corporation is subject to a direct challenge by the State
Guaranty Bank argues that the decisions of the bankruptcy and district courts were based solely on findings of fact, and that we must therefore review under the clearly erroneous standard. Whether Whatley Farms, Inc. was a validly existing corporation is, however, a question of law rather than fact. See Pullman-Standard v. Swint, 456 U.S. 273, 102 S.Ct. 1781, 72 L.Ed.2d 66 (1982) (courts of appeal are to make distinctions between questions of law and questions of fact, as difficult as this task may be)
Mississippi has subsequently repealed Secs. 79-3-109 through 79-3-117 effective January 1, 1988. Our decision is based on the Mississippi statutes then applicable
The Model Corporation Act suggests a preference for holding certificates of incorporation to be conclusive evidence of incorporation. See Model Business Corp. Act Sec. 56 (1977). See also, S. FitzGibbon & D. Glazer, Legal Opinions on Incorporation, Good Standing and Qualification To Do Business, 41 Bus. Law. 461 (1986). See 8 Fletcher, supra, Sec. 3762.1 ("the provision which establishes corporate existence by the filing of the certificate largely supersedes the necessity of resorting to the common law doctrines of de facto corporations ... where there is some defect or irregularity in the incorporation papers or proceedings leading up to the issue of the certificate")
It is unclear whether the twenty-five percent (25%) of authorized capital was ever paid into the corporate treasury
This is not a case involving the doctrine of piercing the corporate veil. That equitable doctrine is not appropriate or applicable to a standard dispute over the priority of liens. See, e.g., H. Henn & J. Alexander, supra n. 3, Sec. 146. The corporate veil may occasionally be pierced where the provisions of applicable incorporation statutes have been literally satisfied. The doctrine is most frequently applied to circumvent the limited liability that the shareholders would otherwise enjoy
Section 180 provides:
All existing charters or grants of corporate franchise under which organizations have not in good faith taken place at the adoption of this Constitution shall be subject to the provisions of this article; and all such charters under which organizations shall not take place in good faith and business be commenced within one year from the adoption of this Constitution, shall thereafter have no validity; and every charter or grant of corporate franchise hereafter made shall have no validity, unless an organization shall take place thereunder and business be commenced within two years from the date of such charter or grant.
The parties also disagree as to whether certain testimony of John Whatley should have been excluded. The bankruptcy court admitted the testimony and in its decision stated, "The testimony of Mr. Whatley must be given careful consideration in the resolution of this dispute. It is important to remember that [Whatley] is individually liable on each of the two loans. Mr. Whatley stated unequivocally that he thought that the machinery and equipment belonged to him rather than to the corporation and that it was his intention to grant an exclusive lien to Guaranty Bank when he entered into the loan transaction in May, 1983." We agree with the SBA that this testimony should have been excluded under the parol evidence rule. See Kimbell Foods, Inc. v. Republic Nat'l Bank, 557 F.2d 491 (5th Cir.1977), aff'd sub nom. United States v. Kimbell Foods, Inc., 440 U.S. 715, 99 S.Ct. 1448, 59 L.Ed.2d 711 (1979). When the written instruments are clear and unambiguous, parol testimony is inadmissible, and the documents themselves will stand to evidence the parties' intent. Barnett v. Getty Oil Co., 266 So.2d 581 (Miss.1972)
We may assume that the bankruptcy court's finding that the corporation did not own the equipment is not clearly erroneous


text:
Try cioscorp installer, after that install whatever cios and see if it works.
Hi all,
I got a Wii that was virgin FW 4.0U.
Then I installed the HBC with Bannerbomb. Now when I try to install cios, I am getting following errors:
With WAD Installation: Error (ret. = -1)
With Network Installation: While Innitalizing Network: Error (ret. = -116)
On the Wii, I can enter the shopping channel, so network is available.
Any Hints?
Try cioscorp installer, after that install whatever cios and see if it works.
Have read that cioscorp installer works only with 3.2 correctly?
got at step 4 of that guide an error -116 when initializing the network. failed :-(((((
Last edited by WII_1005; 06-04-2009 at 02:57 PM.
installed IOS35-64-v1040.wad and then cIOS249 rev9.wad. Then I installed Backup Loader v0.3.
Now I see the backup loader channel on wii.
When I tried to open a safety copy over backup loader, wii is doing something but without result. loads forever...
Please Help!!
Last edited by WII_1005; 06-05-2009 at 01:40 PM.
Well... have no friends with hacked wiis. are there any proofs/tests that i could use instead?
I burned it already with slowest possible speed.
Just tested to load an original game with backup launcher and it worked.
should i have downgraded anything before installing the backup launcher?
Does it make a difference if I use NTSC/PAL region software when using backup launcher?
Last edited by WII_1005; 06-05-2009 at 01:41 PM.