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J-A04040-19
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
MARCUS HOLLY :
:
Appellant : No. 1588 EDA 2018
Appeal from the Judgment of Sentence December 21, 2017
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0001270-2016
BEFORE: LAZARUS, J., KUNSELMAN, J., and COLINS*, J.
MEMORANDUM BY COLINS, J.: FILED MARCH 14, 2019
Appellant, Marcus Holly, appeals from the judgment of sentence of 11.5
to 23 months of confinement, with immediate parole to house arrest for 23
months, followed by 5 years of probation. The sentence was imposed after
his convictions at a bench trial for possession of a controlled substance and
possession with intent to deliver (PWID).1 Appellant contends, inter alia, that
the evidence was insufficient to sustain his convictions. After careful review,
we are constrained to agree with Appellant and, accordingly, reverse his
judgment of sentence.
The facts underlying this appeal are as follows. At a hearing on
Appellant’s motion to suppress the search of the vehicle in which he was
present, the trial court heard the testimony of Officer Michael Tritz, who
____________________________________________
1 35 P.S. §780-113(a)(16) and §780-113(a)(30) respectively.
____________________________________
* Retired Senior Judge assigned to the Superior Court.
J-A04040-19
conducted a plainclothes narcotics surveillance from a police surveillance
vehicle parked in the 5500 block of Cambridge Street in Philadelphia. See
Notes of Testimony (N.T.), 6/5/17, at 7. Officer Tritz observed Appellant, who
was in the driver’s seat of a silver Chevrolet parked approximately four car
lengths behind the police surveillance vehicle, as he exited the vehicle and
approached the passenger side of a Dodge Stratus that had parked
immediately behind the police surveillance vehicle and was driven by a man
later identified as Ryan Bergstrom. Id. at 8-9. Officer Tritz observed
Appellant receive U.S. currency from Bergstrom and, in an overhand pinching
motion, give Bergstrom a small object. Id. at 9. Officer Tritz testified that
Appellant then returned to the Chevrolet and Bergstrom drove away from the
area. Id. Officer Tritz alerted his backup officers to stop the Dodge Stratus.
Present in the passenger seat of the Chevrolet was Malik Clover, whom
Officer Tritz had observed approximately one and a half hours earlier when
Clover, who had arrived at the scene in his own car, approached the Chevrolet
after making a narcotics transaction. Id. at 11. Clover entered the passenger
seat of the Chevrolet and shortly thereafter exited, made another narcotics
transaction, and returned once more to the Chevrolet passenger seat.
Appellant remained in the vehicle throughout this period. After Appellant
exited the Chevrolet, approached the Dodge Stratus, and then returned to the
Chevrolet, Officer Tritz allowed his backup officers time to apprehend
Bergstrom, the driver of the Dodge, and then directed them to apprehend
Appellant and Clover and search the Chevrolet. Id. at 10, 12. Officer Tritz
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J-A04040-19
stated that he was not at the scene when items were recovered both from
Appellant’s person and from the Chevrolet, but that the information was
provided to him “later on.” Id. at 18. He testified that the backup officers
recovered one small blue oxycodone pill from Bergstrom’s Dodge Stratus. Id.
at 10. He also testified that the backup officers recovered $254 U.S. currency
from Appellant and two bottles from under the cup holder on the rear armrest
of the Chevrolet. Id. at 18. Officer Tritz testified that one bottle contained
97 small round blue pills stamped “A215” and the other bottle was a
prescription for 120 OxyContin2 30 milligram pills in the name of “Barnes,
Keenan”; this bottle contained 14 pills, which were also stamped “A215”. Id.
at 19. He testified that in the trunk of the Chevrolet, backup officers also
found an envelope containing two large freezer bags and seven clear plastic
containers, all containing a substance that tested as marijuana. Id. Officer
Tritz testified that all of the narcotics were field tested, and submitted to the
chemistry lab for “legitimate, actual analysis.” Id. at 19-20.
The trial court denied the motion to suppress, finding probable cause to
search the Chevrolet. Appellant then waived a trial by jury, and without
objection the Commonwealth moved into evidence the nonhearsay testimony
of Officer Tritz as well as 5 chemistry laboratory reports, 10 property receipts,
____________________________________________
2 OxyContin is a brand name for oxycodone.
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J-A04040-19
and 5 evidence control data sheets.3 Id. at 52-53; Commonwealth Exhibit C-
1. In offering its evidence, the Commonwealth referred to the various
documents collectively as “C-1 property receipt evidence control data sheet
and seizure analysis for 3227075, 3227079, 3227070, all of which tested
____________________________________________
3 The notes of testimony state:
[Commonwealth]: Absent objection from
[Appellant’s counsel], the Commonwealth would just
seek to mark and move collectively as C-1 property
receipt evidence control data sheet and seizure
analysis for 32207075, 3227079, 32270770, all of
which tested positive for oxycodone. And specifically
on 3227075 also tested from the trunk of the vehicle
was positive for Marijuana.
The property receipt belonging to 3227070 was seized
from buyer Ryan Bergstrom. The other two were the
vehicle where [Appellant] was present, the silver
Chevy HHRT that day.
And then for completeness of the record,
Commonwealth would mark and move Property
Receipt 3227072 and 3227081, all of which was
United States currency seized from [Appellant]. And
then lastly 3227073, iPhone seized from [Appellant].
With those on the record absent objection,
Commonwealth rests.
[Court]: You’re moving to admit all nonhearsay
evidence?
[Commonwealth]: In addition to all nonhearsay
testimony from Officer Tritz in the motion to suppress.
Thank you, Your Honor.
N.T. at 52-53.
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J-A04040-19
positive for oxycodone.” N.T. at 52. However, our examination of the record
reveals that no property receipt #3227075 was submitted with regard to the
oxycodone pills and marijuana, only a chemistry lab report bearing Appellant’s
name, referencing property receipt #3227075, and listing the two bottles of
oxycodone and nine total containers of marijuana analyzed, together with a
corresponding evidence control data sheet also referencing property receipt
#3227075. The chemistry lab report indicates analysis of 24 of the 97
oxycodone tablets in a bottle, all marked “A215”; analysis of 11 of the 14
oxycodone tablets in an amber prescription bottle with the name “Barnes,
Keenan”, all marked “A215”; and analysis of 9 containers and/or clear plastic
vacuum bags of marijuana. Commonwealth Exhibit C-1. Property receipt
#3227079 does not relate to evidence of oxycodone or marijuana, but rather
describes the vehicle seized from Malik Clover at the scene. Id. Property
receipt #3227070 describes a “small round blue pill stamped 48/12 on one
side & the letter ’V’ on the other side, alleged Oxycodone 30mg schedule 2”,
which “was recovered from the rear floor of [Bergstrom’s] white Dodge
Stratus.” Id. The remaining evidence included in Exhibit C-1 consists of
evidence control data sheets and property receipts for (i) U.S. currency and
three cell phones recovered from Appellant; (ii) crack cocaine, marijuana, and
a cell phone recovered from Malik Clover; and (iii) crack cocaine recovered
from the two individuals with whom Clover was observing making narcotics
transactions. There is no chemistry lab report included in the
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J-A04040-19
Commonwealth’s evidence to indicate that an analysis of the single pill
recovered from Bergstrom’s vehicle was performed.
The trial court found Appellant guilty of both possession of a controlled
substance and possession with intent to deliver, citing the fact that none of
the pills found were prescribed to Appellant and concluding that the totality of
circumstances indicated a drug transaction. N.T. at 60. The trial court cited
the decision of our Pennsylvania Supreme Court in Commonwealth v.
Thompson, 985 A.2d 928, 934 (Pa. 2009) (clarifying that police experience
and training is relevant when the testifying officer is able to demonstrate a
nexus between his experience and the search, arrest, or seizure of evidence).
Here, Officer Tritz was personally familiar with narcotics sales activity and
hand-to-hand drug exchanges in the high narcotic traffic area, having made
approximately 1000 narcotics arrests over his thirteen-year career. N.T. at
35.
Appellant was sentenced on December 21, 2017. He filed a post-
sentence motion on December 29, 2017 challenging the sufficiency and weight
of the evidence, which was denied by operation of law on May 2, 2018.
On May 7, 2018, Appellant filed this timely direct appeal,4 in which he
raises the following issues:
I. Was the evidence insufficient to sustain the conviction for
Possession of a Controlled Substance?
____________________________________________
4The trial court did not order a 1925(b) statement, and the trial court did
not issue an opinion, as it had left the bench.
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J-A04040-19
II. Was the evidence insufficient to sustain the conviction for
Possession with the Intent to Deliver?
III. Did the lower court abuse its discretion in denying Appellant’s
motion for a new trial where the verdict was contrary to the weight
of the evidence?
Appellant’s Brief at 5. Our standard of review when considering a challenge
to the sufficiency of the evidence is well-settled:
A claim challenging the sufficiency of the evidence presents
a question of law. We must determine “whether the
evidence is sufficient to prove every element of the crime
beyond a reasonable doubt.” We “must view evidence in
the light most favorable to the Commonwealth as the
verdict winner, and accept as true all evidence and all
reasonable inferences therefrom upon which, if believed,
the fact finder properly could have based its verdict.”
Our Supreme Court has instructed: [T]he facts and
circumstances established by the Commonwealth need not
preclude every possibility of innocence. Any doubts
regarding a defendant’s guilt may be resolved by the fact-
finder unless the evidence is so weak and inconclusive that
as a matter of law no probability of fact may be drawn from
the combined circumstances. Moreover, in applying the
above test, the entire record must be evaluated and all
evidence actually received must be considered. Finally, the
trier of fact while passing upon the credibility of witnesses
and the weight of the evidence produced, is free to believe
all, part or none of the evidence.
In addition, “[t]he Commonwealth may sustain its burden by
means of wholly circumstantial evidence, and we must evaluate
the entire trial record and consider all evidence received against
the defendant.”
Commonwealth v. Orie, 88 A.3d 983, 1013-14 (Pa. Super. 2014) (citation
omitted).
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J-A04040-19
Appellant’s first and second issues are dispositive of this appeal. To
sustain a conviction for the crime of possession of a controlled substance, the
Commonwealth must prove that the appellant knowingly or intentionally
possessed a controlled substance without being properly registered to do so
under the Controlled Substance, Drug, Device and Cosmetic Act. The crime
of possession of a controlled substance with intent to deliver requires the
Commonwealth to prove that the appellant possessed the controlled
substance with the intent to manufacture, distribute, or deliver it. See 35 P.S.
§ 780-113(a)(16) and (30), respectively.
Appellant argues that the evidence of possession of a controlled
substance is lacking, since the Commonwealth failed to prove that anything
was recovered from the Chevrolet. Appellant’s Brief at 10. He argues further
that the Commonwealth similarly failed to establish that the single blue pill
described in property receipt #3227070 is a controlled substance, since the
Commonwealth’s exhibits do not include a corresponding seizure analysis. We
agree.
Officer Tritz’s testimony regarding the removal of pills and marijuana
from the Chevrolet is hearsay, and the trial court admitted only nonhearsay
testimony. N.T. at 53. There was no testimony from the backup officers to
establish that narcotics were removed from the vehicle. The Commonwealth’s
assertion that it “admitted the property receipts, seizure analyses, and
evidence control data sheets for the two oxycodone pill bottles and marijuana
-8-
J-A04040-19
found in [Appellant’s] car, as well as the oxycodone pill found in Mr.
Bergstrom’s car” is simply not accurate. Commonwealth’s Brief at 8.
Citing our Supreme Court’s decision in Commonwealth v. Lovette,
450 A.2d 975 (Pa. 1982), the Commonwealth further asserts that sufficiency
challenges are not assessed from a diminished record, and even if the trial
court improperly considered hearsay, this is irrelevant to Appellant’s
sufficiency challenge. In Lovette, the Supreme Court established that “a
claim of insufficiency of the evidence will not be assessed on a diminished
record, but rather on the evidence actually presented to the finder of fact
rendering the questioned verdict.” Id. at 977 (citations omitted). See also
Commonwealth v. Gray, 867 A.2d 560, 567 (Pa. Super. 2005) (we must
consider all evidence that was actually received, without consideration as to
the admissibility of that evidence or whether the evidentiary rulings of the trial
court are correct).
Here, the evidence presented to the trial court consisted entirely of the
nonhearsay portion of Officer Tritz’s testimony and the contents of Exhibit C-
1 offered by the Commonwealth. Without evidence that Appellant possessed
a controlled substance, whether constructively or on his person, the trial
court’s conclusion otherwise cannot be said to be supported by sufficient
evidence, even in the light most favorable to the Commonwealth. Orie, 88
A.3d at 1013-14. We are therefore constrained to reverse Appellant’s
judgment of sentence. See Commonwealth v. Green, 536 A.2d 436, 438
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J-A04040-19
(Pa. Super. 1988) (double jeopardy clause bars retrial when a conviction is
reversed “because of insufficiency of the evidence”).5
Judgment of sentence reversed. Jurisdiction relinquished.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 3/14/19
____________________________________________
5 In light of this disposition, we need not address the merits of Appellant’s
remaining issues.
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The "Future Something Project" ("FSP"), a two-year action research project, was devised to nurture the creative and technological talent of small groups of young people at risk by creating a structured network, mentored and driven by creative...
Research Highlights in Technology and Teacher Education is now in its fifth year of publication, and has become one of the most important journals for the Society for Information Technology and Teacher Education (SITE). This journal represents the...
Working cooperatively in groups can help students connect learning with experience and build relationships at the same time. In collaborative inquiry, student questions can connect the big ideas that cut across disciplines. This paper describes how...
World Conference on Educational Media and Technology
2000(2000)
pp. 928–932
This paper features a study on the use of electronic catalogs and retail storefronts as a
concrete collaborative class project for the Electronic Commerce Course in the Business curriculum
and a survey of the MBA students that undertook this...
The opening of the Internet and the World Wide Web (WWW) to businesses has introduced an entirely
new specialized area in Management Information Systems (MIS) called Electronic Commerce (EC). This paper
illustrates how EC provides rich pedagogical ...
The article relates the creative process, basic skills, and computing. The importance of both basic skills and creative development are stressed and the computer is seen as both an expressive medium and a skill builder. Computer models encourage the ...
Surveys the current status of artificial intelligence (AI) technology. Discusses intelligent tutoring systems, robotics, and applications for educators. Likens the status of AI at present to that of aviation in the very early 1900s. States that...
Using current technology and learning theory, computer-controlled literature programs have been and will be developed that allow children to interact with literature. This technique will help students' reading concepts fall into place more rapidly...
Recent alliances between communication providers and computer manufacturers will lead to new technological combinations that will deliver visually-based ideas and information to a worldwide audience. Urges that those in charge of future video...
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The need for the liberal arts curriculum to incorporate new technology in order for education to reach its potential is examined in this paper, which also looks at the potential for computer-based telecommunications to extend continued education for ...
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Domingos Gabriel Wisniewski
Domingos Gabriel Wisniewski CM (March 2, 1928 – July 21, 2010) was a Brazilian Roman Catholic prelate and bishop of the Roman Catholic Diocese of Apucarana, Brazil.
Notes
Category:Brazilian Roman Catholic bishops
Category:1928 births
Category:2010 deaths
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Changes in colonic contractility in response to inflammatory bowel disease: Long-term assessment in a model of TNBS-induced inflammation in rats.
Inflammatory bowel disease is a chronic relapsing inflammation that affects the gastrointestinal tract, causing changes in colonic motility. The evolution of these changes is not completely understood and possibly related to symptoms that appear in different degrees of the intestinal inflammation. Therefore, our aim is evaluate during 14 days of assessment aspects of colonic contractility using 2,4,6-trinitrobenzenesulfonic acid (TNBS) model of inflammation in rats and associate the inflammatory process with colonic motility. Contractility and inflammatory parameters were assessed in the same animal in six different moments: before intestinal inflammation induction, 2, 5, 8, 11, and 14 days after induction. The mechanical activity was determined by alternating current biosusceptometry (ACB) and subdivided into rhythmic propagating ripples (RPR) and rhythmic propulsive motor complexes (RPMC). We assessed inflammation by determining myeloperoxidase activity in feces. Transient and permanent changes were observed in colonic motility as a function of the inflammatory process evaluated through myeloperoxidase activity. We identified two contraction profiles: RPR and RPMC. The microscopic analysis demonstrated a depth of damage caused by an injury that was associated with changes in motility. We implemented a robust and adequate (specific) signal processing to quantify two measured colonic frequency patterns. Thus, we performed a detailed temporal analysis of the consequences of TNBS-induced inflammation on colonic motility in rats. Our approach enables further long-term assessments in the same animal with different mechanisms and duration of injury, remission, treatments and their motor consequences.
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Adaptive Surge Protection with Lightning Detection
Adaptive AC Surge Protection with lightning detection was designed to monitor the integrity of the electrical power and adapt its performance and operating mode to the conditions required to protect the electrical systems and equipment connected to it.
Pre-emptive Lightning Detection works in tandem with Adaptive AC Surge Protection by detecting the proximity and severity of lightning, and adjusting its performance and operating mode to enable preemptive protection measures. Pre-emptive lightning detection also allows for automatic isolation of electronic systems, equipment and networks for the duration of a threat and automatically reconnect after the threat has passed. During the isolation mode, operation continues if powered by a standby UPS, batteries or generator.
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[The relationship between Sigmund Freud and Paul Federn: some unpublished documents].
The relationship between Freud and Paul Federn, which lasted over an exceptionally long period of time (35 years), has been neglected for two major reasons: the departure of the latter for the United States in 1938 and the absence of any biographer. Long considered as a dissident, he was ignored by analytic circles (including Jones, Freud's biographer), partly because of his position in favor of the training of nonmedical analysts. A pioneer in the field of mental health and the application of psychoanalysis to social problems, he strove to transform psychoanalysis into an instrument for social and political change, thus remaining faithful to his socialist convictions.
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Blog
You Could Read This Blog Entry to Your Kids!
May 21, 2020
Well, maybe not, unless your kids like facts about comprehension, psychology, and cognitive development. Otherwise, pick something else they might like—because the benefits of reading aloud to or with kids are plentiful, powerful, and long-lasting. Check them out below!
While your child may not remember you reading to them between birth and the time they turn three years old, the effects could be felt forever. As much as 80 percent of the juvenile brain develops during that period, and all the work it does trying to comprehend communication read to them can make the brain more efficient and speed up their language development by three to six months.
While books are a form of written communication, having books read aloud to your kid is a form of oral communication. Hearing books help develop certain skills in their spongey little brains, particularly listening and language skills.
Travel on a magical adventure with a little dog in The Noon Balloon, from best-selling children's book author, Margaret Wise Brown. Beautifully illustrated, this lyrical text is the perfect read-aloud and is sure to become a bedtime favorite.
Reading to kids while they’re young leads to reading habits later in life. They’re more likely to read for pleasure later in life, and have better reading comprehension skills. (It also creates a better understanding of narrative and how stories work, and that events have a beginning, middle, and end. If reading is normalized from a young age, they accept it as a normal, everyday human behavior.
Exposure to more books mean exposure to more words. That means one of the language skills kids who read with their parents develop a larger vocabulary, and faster than peers who don’t get books read aloud to them regularly. Part of why this works is that the language used in books and stories is more descriptive and much more detailed than that used in day-to-day conversations.
Hearing words helps kids understand the written form of words by connecting their different forms. Reading to kids helps increase their awareness of and ability to understand phonics.
Exposure to the creativity found in books makes readers more creative. Reading to your kids can help them unlock and expand their imagination.
Reading leads to better concentration. Since kids have to focus on listening to the story to know what happens, they more naturally develop that skill, which can be applied to all levels of society.
Now that you've learned all about the benefits of reading aloud with your child, doesn't that make you want to pick up a book? See some suggestions below!
Happy reading!
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News
Castroneves Posts Career-Best Finish at Toronto
July 9, 2012
TORONTO, Ontario (July 8, 2012) – Helio Castroneves’ career-best finish in the Honda Indy Toronto pushed him back to third place in the IZOD IndyCar Series championship standings and led the way for Team Penske in an unusual race Sunday on the streets of Toronto.
While Castroneves earned a sixth-place result, his Team Penske teammates, Will Power and Ryan Briscoe, encountered contact in the late laps and finished 15th and 19th, respectively.
Castroneves held on for his fourth consecutive top-10 finish in the No. 3 Penske Truck Rental Dallara/Chevrolet, as he earned his best finish in eight career races at the 11 turn, 1.75-mile Toronto street circuit. The winner on the streets of St. Petersburg to start the season, Castroneves managed to stay true to his two scheduled pit stops and spent most of the day just outside the top-10 before closing strong to finish sixth.
“I’m extremely proud of the Penske Truck Rental boys,” said Castroneves, who only had earned one other top-10 finish at Toronto over his distinguished career before Sunday’s result. “They did a great job in the pits. Finishing sixth here in Toronto is my best finish so I am pleased with that. This is the first time I have been able to keep my nose clean out here. Our car was certainly good enough to finish in the top six and I am glad that we were able to stay out of the wrecks and finish like we did.”
Power’s No. 12 Verizon Team Penske Dallara/Chevrolet made contact with another car and the impact broke the front wing on Power’s machine with 29 laps remaining in the race. When a portion of the wing fell off, it punctured the left front tire and forced an untimely pit stop which eventually led to Power falling a lap down to the leaders. The resulting finish dropped Power from first to second in the series standings, marking the first time in 2012 that a Team Penske driver has not been leading the IZOD IndyCar Series championship. Power is now 34 points behind Sunday’s race winner, Ryan Hunter-Reay, in the standings, though the Verizon driver continues to lead the Road Course series rankings.
“It ruined my day,” said Power of the incident. “We had the quickest car in town today. There’s not much more you can say. We got caught out by a yellow (flag) and then we just got caught back in the (field) and messing around trying to find our way back. That’s on me. I should have known. You can’t touch the front wing on anything.”
After spending much of the last 50 laps running inside the top 10, Briscoe was in line for a solid finish when his No. 2 Hitachi Team Penske Dallara/Chevrolet was caught in a multi-car accident with just five laps remaining. Unfortunately for Briscoe, the outcome was a 19th-place finish that kept him positioned in ninth place in the championship standings.
“In our strategy for the No. 2 Hitachi car we were counting on a yellow (flag) a little bit earlier, but we got it in the end,” said Briscoe. “We certainly based our strategy off catching a couple more yellows than we did, so unfortunately we had to pit at the end which got us out of track position. We were looking alright for a top-10 finish but during the melee down in turn 3 during that last restart we got hit in the back end and it ended our day. It was great having our sponsors from Hitachi here at the track today, just too bad the day ended how it did.”
Castroneves, who had never finished better than 10th at Toronto, said he was just hanging on for a respectable finish.
“I was literally trying to survive to the end,” Castroneves said. “It was a big day for us, especially with the big contenders making mistakes. For us, third place in the championship is great. We’re ready to go to Edmonton. We’re always good there. I can’t wait to get there.”
The IndyCar Series resumes on Sunday, July 22 with the Edmonton Indy at Edmonton City Centre Airport in Edmonton, Alberta. Live coverage will begin at 2:45 p.m. ET on NBC Sports Network.
Follow the IndyCar action all season long on IndyCar Mobile. Download it now by calling **INDY on your Verizon Wireless phone.
Team Penske is one of the most successful teams in the history of professional sports. Cars owned and prepared by Team Penske have produced more than 500 major race wins, over 570 pole positions and 33 Championships across open-wheel, stock car and sports car racing competition. Over the course of its 52-year history, the team has also earned 17 Indianapolis 500 victories, two Daytona 500 Championships, a Formula 1 win and overall victories in the 24 Hours of Daytona and the 12 Hours of Sebring. For 2018, Team Penske will compete in the Verizon IndyCar Series, the Monster Energy NASCAR Cup Series, the NASCAR XFINITY Series and the IMSA WeatherTech SportsCar Championship. The team also races in the Virgin Australia Supercars Championship, in a partnership with Dick Johnson Racing, as DJR Team Penske.
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with复合结构练习
with 复合结构专项练习 1. John received an invitation to dinner, and with his work _______, he gladly accepted it. A. finished B. finishing C. having finished D. was finished 2. Now that we’ve discussed our problem, are people happy with the decisions ________? A. taking B. take C. taken D. to take 3. You have no idea how she finished the relay race _______ her foot wounded so much A. for B. when C. with D. while 4. ----Come on, please give me some ideas about the project. ----Sorry. With so much work _______ my mind, I almost break down. A. filled B. filling C. to fill D. being filled 5. John received an invitation to dinner, and with his work ______, he gladly accepted it. A. finished A. going on B. finishing B. goes on C. having finished C. went on D. was finished D. to go on 6. I couldn’t do my homework with all that noise _______. 7. _______ and no way to reduce her pain and suffering from the terrible disease, the patient sought her doctor’s help to end her life. （2005 江西） A. Having given up hope of cure C. There being hope for cure A. With A. for A. As B. Besides B. with B. For C. As for C. from C. With B. With no hope for cure D. In the hope of cure D Because of D. of D. Through
8. ________ two exams to worry about, I have to work really hard this weekend. 9. It was a pity that the great writer died _______ his works unfinished. 10. ______ production up by 60%, the company has had another excellent year. with 复合结构专项练习（二） 1）With nothing_______to burn，the fire became weak and finally died out. A.leaving A.fixing B.left B.fixed C.leave C.to be fixing D.toleave D.to be fixed 2）The girl sat there quite silent and still with her eyes_______on the wall. 3）I live in the house with its door_________to the south. A.facing B.faces C.faced D.being faced 4）They pretended to be working hard all night with their lights____. A.burn B.burnt C.burning D.to burn 二：用 with 复合结构完成下列句子
___ （有很多工作要做） ， I couldn't go to see the ____（低着头）。 ___. _________， （心存梦想）he went to
三 把下列句子中的划线部分改写成 with 复合结构。 1）Because our lessons were over，we went to play football. _______________ ______ _________ __________ with 复合结构专项练习（三） 1. BBC English broadcasts programmes for China _______ explanation in Chinese. A. in B.for C.with D.as 2. The young woman _______ a baby sleeping in her arms was wandering in the street. A. with A. as B.because B. with C. on C. for D. like D. on 3. Everyone should go to sleep with the light turned off. 4. _______ so many homework to do, Mary won’t have time to play with her friends this morning. A. Without A. Because A. As A. Like A. By B. With B. As B.For B.With B. On C. By C. With C. Because C. On C. With D. Because D. Because of D. With D. Without D. As 5. _______ the door open, the noise of the machines is almost deafening. 6. _______ his mother out, he had to stay at home alone. 7. _______ all things considered, her proposal is of greater than his 8. _______ time permitting, we will visit the Summer Palace. ______________. _______________________. ____________________. ___________________. 2）The children came running towards us and held some flowers in their hands. 3）My mother is ill，so I won't be able to go on holiday. 4）An exam will be held tomorrow，so I couldn't go to the cinema tonight.
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Ride With Us!
All cyclists are welcome here, from weekend warriors to gran fondo riders to coffee shop seekers. Become a part of an enormous cycling community that loves to ride and help support cycling in the U.S. – and get all kinds of great gear and perks for yourself in the process. Now let’s get out there and ride together!
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Frequently Asked Questions
There are two ways to get involved with the USA Cycling community, either by becoming a member or becoming a license holder. Our new membership is designed for enthusiasts looking to join the USA Cycling community and enhance their riding, but not intending to compete in traditional USA Cycling sanctioned events. So, if you are only planning to ride in fun rides, on your own or with friends, our membership is the best option for you.
Race licenses are for those who intend to race in USA Cycling sanctioned races. All license holders automatically receive a basic membership with their license.
Not necessarily. USA Cycling sanctions events such as gran fondos and gravel grinders that do not require you to have a license – though you may want one to get event related benefits such as supplemental medical insurance.
USA Cycling sanctions races which do require a racing license, but one-day licenses are available. Beginner level racers can try out racing with a one-day license for $10 per day - just register for the event and add the one-day at checkout. Experienced racers may use one $25 one-day license per year in lieu of an annual membership, but racing more than once in an experienced category requires an annual license.
No, you do not need to create an account to purchase a membership. However, we do encourage you to set one up after you complete your purchase so that you can access your member benefits at any time.
For Race Licenses, however, you will need to create an account to complete your purchase. If you have previously been a member and already have an account, login with the same email address and password that you have been using. If you have any problems with your account or logging in, contact us at [email protected].
Absolutely. If you're buying for someone who may already have an existing USA Cycling account, you can look them up and purchase on their behalf. If you are buying for someone who does not yet have a USA Cycling account, you will create a new profile for that person under your account. We even offer the option to have the receipt sent to you instead of the gift recipient to keep it a surprise.
Recognized by the United States Olympic Committee and the Union Cycliste Internationale, USA Cycling is the official governing body for all disciplines of competitive cycling in the United States, including BMX, cyclocross, mountain bike, road and track.
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A large majority of white evangelicals voted for Roy Moore – 80%, according to exit polls – in Alabama, in the deep south, in a solidly red state. And they lost.
The results of Alabama’s Senate race are an omen for the future of white evangelical politics. White evangelicals, as a whole, are still flexing some political muscle. But their future outlook is of an embattled political bloc with extremist views and diminishing power to decide elections.
Moore was a fundamentalist Christian hero. He was removed from office twice while serving as Alabama’s chief justice: first for refusing to remove a 5,280lb Ten Commandments monument he installed in the state court house; then for defying the US supreme court by directing probate judges not to issue marriage licenses to gay people.
After Alabama, Republicans need to choose reason over rage Read more
Although Moore faced serious allegations of sexual assault and misconduct, involving women as young as 14, white evangelical voters were largely undeterred in their support for him. Nevertheless, they were unable to propel him to victory. The key factor: although most white evangelicals voted for Moore, they only made up 44% of total voters.
At first glance, some may chalk this up to evangelicals staying home. White evangelicals’ total share of the vote dipped in comparison with the 47% share they had in the 2012 and 2008 presidential elections. Yet the factors are more complicated.
Tuesday’s special election in Alabama was far more representative of the state’s population than is usually the case
According to the Pew Research Center, white evangelicals comprise – at most – 49% of Alabama’s population. Considering national religious trends in the past few years, this number is probably a little lower.
Moreover, white evangelical voters are typically overrepresented, especially in midterm elections, when minority and younger voters usually have lower turnout. This was no longer the case in Alabama’s Senate race on Tuesday night.
Play Video 1:37 Roy Moore still refuses to concede defeat in fiery statement – video
African Americans constituted 29% of all voters, aligning more closely with their share of Alabama’s total population. In this light, Tuesday’s special election for Alabama’s open Senate seat was far more representative of the state’s population than is usually the case. Within an environment of strong voter suppression, the fight for voting rights shows what is possible when conditions are more democratic.
Roy Moore’s loss is not attributable to a depressed white evangelical vote. Sure, some may have stayed at home or opted to write in another candidate. But many still stuck by the politician they saw as defending their priorities on abortion, gun rights, and same-sex marriage.
The reality is that the white evangelical vote is losing its power. As the Public Religion Research Institute has demonstrated, white Christians have been consistently declining as a proportion of the country’s electorate. The percentage of white Christians living in this country fell to 43% in 2016. By 2024, white Christians are projected to no longer constitute a majority of voters in the United States.
In Alabama, black women saved America from itself – as they’ve always tried to do | Charlene White Read more
While white evangelicals have typically made up for their decline through overrepresentation in midterm elections, Alabama’s race shows that even this pattern might not hold.
Once deemed the Moral Majority, white evangelicals are increasingly looking like they will be an immoral minority in the landscape of American politics. Backing alleged sexual predators and discriminatory policies, they are losing elections having already forfeited their souls. They are cracking as a firewall for Donald Trump and the extreme sectors of an extremist political party.
As the religious right’s obituary is being written, another chapter is yet to form. This one includes Christians of color and attempts to reconstruct a viable religious left. Nevertheless, such a coalition is still fraught with its own problems.
The degree to which a substantial religious left can exert political influence is still up in the air. But one thing is clear: the religious political playbook in the United States is changing.
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Sensitivity and specificity of hemodynamic criteria in the diagnosis of acute right ventricular infarction.
To test the sensitivity and specificity of hemodynamic criteria for acute right ventricular infarction (RVI), two groups of patients with anatomically proved acute myocardial infarction and hemodynamic monitoring were studied. Group A included 22 patients acute RVI and group B, 38 with infarction confined to the left ventricle. In both groups, the closest relation between right atrial and pulmonary capillary pressures (RAP and PCP), as well as the presence of a severe noncompliant pattern (SNCP), were studied. A SNCP was defined as a y descent deeper than the x descent in RAP. RAP was equal to or higher than PCP in 10 patients from group A and in none from group B. In group B, a significant relation was found between RAP and PCP (r = 0.777, y = 0.43x + 0.18) (p less than 0.05), and the 95% confidence limits could be calculated. Above these limits, a closer relation between RAP and PCP was only found in patients with RVI. However, six patients with RVI showed an RAP/PCP relation within 95% confidence limits of group B (sensitivity 72.7%, specificity 100%). A SNCP was present in 12 patients with RVI and only in one without RVI (p less than 0.01) (sensitivity 54.5% and specificity 97.4%). When either criterion is present (close relation between RAP and PCP or SNCP), a high sensitivity (81.8%) and specificity (97.4%) can be achieved in the diagnosis of acute RVI.
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When driving a vehicle equipped with anti-lock braking system (ABS), donít pump the brake when stopping. Pumping the pedal does not allow the ABS to properly engage. Instead, hold the pedal firmly down without letting up and let the ABS keep the wheel from locking up as the vehicle slows.
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Q:
Is it true "Every Boolean algebra is an algebra of sets, for any given set X"
I have confused between these two notions, please help
Every Boolean algebra is an algebra of sets, for any given set $X$, and the converse is false.
A:
What the highlighted proposition is stating amounts to: (I) AND (II)
(I) $\implies:\;\;$It is true that IF B is a Boolean algebra, THEN B is (isomorphic to) an algebra of sets.
(II) $\not\Longleftarrow:\;\;$ But it is not true that every algebra of sets, is (isomorphic to) a Boolean algebra. That is, the converse of (I) is not true.
Is that what you're confused about?
Any Boolean algebra is (isomorphic to) an algebra of sets. Simple enough: there is no Boolean algebra that fails to be isomorphic to an algebra of sets. (I.e., if it fails to be isomorphic to an algebra of sets, then it certainly cannot be a Boolean algebra.)
But surely we can find of an algebra of sets that fails to be (isomorphic to) a Boolean Algebra.
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1. Field of the Invention
The present invention relates generally to audio systems, and more specifically to headphones.
2. Description of Related Art
Headphones are well known in the art and are effective means to provide portable audio to a user. For example, FIG. 1 depicts an oblique view of a headphone audio system 101 having headphones 100 operably associated with an audio source 102. The headphone 100 is configured to fit around the head of the user 104 (shown in phantom) from ear to ear and includes a first ear speaker 103 and a second ear speaker 105. In the exemplary embodiment the audio device communicates with a mobile phone 107 configured to transmit music to the headphones 100 via a wire 109.
It will be appreciate that system 101 effectively provides audio to the user; however, significant disadvantages exist when using a wire 109. For example, the wire 109 has a propensity to tangle and restricts movement access of the user such as requiring the user to hold mobile phone 107 during use.
To overcome these problems, there exist headphones audio systems 201 configured to wirelessly transmit the audio from audio source 202 to headphones 200. Like headphones 100, the exemplary embodiment also includes a first ear speaker 203 and a second ear speaker 207; however, the embodiment is also provided with a receiver 207 supported by second ear speaker 207 and configured to wirelessly receive audio data from mobile device 209.
A common disadvantage associated with system 201 is the limited use. Specifically, the system includes a receiver 207 that is already built into the headphones 200, thereby restricting the audio source 202 to already manufactured headphones. Thus, the features of system 201 can not be retrofitted on existing headphones.
Although great strides have been made in the area of headphones, many shortcomings remain.
While the system and method of use of the present application is susceptible to various modifications and alternative forms, specific embodiments thereof have been shown by way of example in the drawings and are herein described in detail. It should be understood, however, that the description herein of specific embodiments is not intended to limit the invention to the particular embodiment disclosed, but on the contrary, the intention is to cover all modifications, equivalents, and alternatives falling within the spirit and scope of the present application as defined by the appended claims.
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Arts and Activism
Many musicians and other creative artists find themselves on the front lines of conflicts over media policy and corporate control. Artists' issues include the ability to reach new audiences, creative control, and whether corporations or communities get to determine the future of our culture.
Some of the most effective strategies for media change come from community activists kicking out the jams of corporate media information blockades. This section also includes their stories.
Search
No one wants to know
It's 2006, and Brian De Palma can't believe his luck. Dotcom billionaire and aspiring film producer Mark Cuban offers him $5m to make a movie. About anything. The only proviso is that it has to be shot in hi-definition. Of course, De Palma jumps at the chance. He tells Cuban he'd like to make a film about the war in Iraq, Cuban hands over the $5m, deal done, everybody is happy.
Fast-forward two years: Redacted has won the prestigious Silver Lion at the Venice Film Festival, websites such as BoycottRedacted.com are encouraging people not to see it and De Palma has been labelled a traitor. Oh, and De Palma and Cuban have fallen out, the film-maker accusing his producer of censorship.
Perhaps we shouldn't be surprised. After all, De Palma has spent much of the past 40 years inflaming public opinion. He has always loved to play Contrary Mary, and seems to take pleasure in offending. He has been called a misogynist (feminists were infuriated by 1980's Dressed To Kill and its conflation of stilettos, sluts and slashing) and a plagiarist (for borrowing from, or paying homage to, heroes such as Hitchcock). He has even been called a traitor before - his 1989 film Casualties Of War also showed soldiers raping and murdering, back in Vietnam. But this time it's different. In a less liberal America, his fellow countrymen seem to have had enough of him. Scan the internet and lap up the bile. One blogger writes: "This guy should be held accountable for each American death after the release of this filth. He is a treasonist, and should be stripped of his citizenship, and expelled from this country as penniless as he came into it in birth." Fox anchor Bill O'Reilly called De Palma "a true villain in our country" and wished that "FDR was president so De Palma could be imprisoned for treason... Even if you disagree with the Iraq war, even if you dislike President Bush, no loyal American should support an enterprise that incites hatred against America." Meanwhile, US critic Michael Medved focused his criticism on the film. "It could be the worst movie I've ever seen," he said.
The true surprise is that America has not simply turned its back on De Palma's war film, it has turned its back on all Iraq war films. Not even Tom Cruise, Angelina Jolie or Robert Redford can entice Americans into the cinema to explore Iraq. What has changed? After all, war movies have been a Hollywood staple. Even hugely unpopular wars, such as Vietnam, have produced hugely popular films such as The Deer Hunter, Apocalypse Now, Coming Home, Platoon, Born On The Fourth Of July, all of them Oscar winners. Yet look at the figures for the latest batch, and it seems that all you need to do is shout Iraq to have the public running in droves from the cinema.
Redacted is based on the gang rape, murder and burning of 14-year-old Iraqi girl, Abeer Qassim Hamza al-Janabi, by US soldiers in March 2006. The soldiers also killed her parents and younger sister. Redacted means edited or revised to make suitable for publication - De Palma's point is that the authorities have not allowed us to see what we have done to the people of Iraq. Access has been limited, images have been censored, and the few that have been seen have often contradicted the official version of events. De Palma was determined to tell a story that showed the full horror of the Iraq war.
Rather than watching a movie, we seem to be eavesdropping on the very worst of humanity, as his semi-deranged squaddies cross into the heart of darkness. His soldiers refer to the Iraqis as "sand niggers"; they say killing them, or "lighting them up", is like stamping out cockroaches; they mock the suggestion that they might feel guilty for pumping a pregnant woman full of lead. "You can't afford remorse - you have remorse, you get weak; you get weak, you die. Simple as that," one character says.
The film is shot in segments. There is a squaddy's version of events (the character Angel Salazar is recording the action in Iraq, and hoping his video diary Tell Me No Lies will get him into film school when he returns); a documentary in French about routine searches at checkpoints; and blogs from soldiers and their families. All three elements are fiction, created by De Palma, coming together, bit by fractured bit, to tell the appalling story. This is a very modern form of cinéma vérité, a dramatic reconstruction that does not allow for the traditional comforts of cinema - narrative drive, beauty, recognisable stars, redemption. Redacted is cinema at its most grimy and unforgiving.
The film was fictionalised for legal reasons. But barely - instead of being 14, the raped girl in the film is 15. Early on in Redacted, one of the squad is blown up by an improvised explosive device and another is kidnapped and beheaded by fundamentalists. Their distraught buddies lose their senses and exact a grotesque revenge. De Palma's camera does not turn away from the atrocity. He has never been one for subtlety or suggestion. His critics say that he glories in the explicit depiction of depravity.
I meet the film-maker in Paris, where he once lived. He is in his late 60s and as combative as ever. He is a hard man to like. Grumpy, growly and impatient, he's not the most obvious choice as a spokesman for humanity.
De Palma asks the same question again and again - where are the pictures? "As an American taxpayer I am financing a war that I totally don't believe in; and if we're going to finance the bombing and destruction of a country, I'd like to see the pictures from it. Where are the pictures?"
Have there been fewer pictures from this war than previous wars? "Oh, of course. Of course." How come, when everyone is out there making their own home movies? "They never make their way into the mainstream media because the mainstream media is a big corporation now, and they've got stockholders, and they don't like to put unpleasant pictures up on the air because you can't sell advertising and you're showing a depressing view of the war." In Vietnam, he says, at least sufficient images found their way home to enable people to make an informed decision on the war. But that was the lesson the US government learned from Vietnam - if you're going to fight an unpopular war, make sure photographs of scorched girls running for their lives don't reach the public.
Did he anticipate such hostility to the film? "I knew if I was critical of the soldiers I would get a very strong reaction, because the way the soldiers have been portrayed in the mainstream media has always been as valiant warriors making the ultimate sacrifice for the freedom and liberty of America." He talks about his other controversial movies - Dressed To Kill, the erotic thriller Body Double and the über-violent Scarface for starters - and says he's used to the pickets and incendiary headlines. Then he stops. Actually, he says, they weren't quite the same. "What I didn't think is that nobody would want to see Redacted. Even the good reviews said, 'Well, this is very difficult to watch.' So that was surprising - that they just don't want to see any movies about Iraq."
He says the mistake that his detractors make is to see this film as simply an attack on the US military. It's an easy mistake to make - their behaviour is unforgivable. Yes, says, De Palma, but that's not the point. "When you have a terrible crime, you want to know how these boys were brought to do this, and that's what the movie shows." And what did bring them to do it? "They are very young. They are taken to a place that they have no idea of or experience of, a very hostile environment, it's very hot, they're carrying 120 pounds of gear on their back, they don't know why they're there because the reasons they are given could be false. They are surrounded by a mysterious and hostile populace. The only logic they can make of why they're doing what they're doing is protecting themselves and their buddies, and then their buddy gets blown up or assassinated, and they turn all their frustration on that populace out there."
Everything about this war, he says, is futile and relentless. Even the landscape in Iraq is hopeless: rubble and wasteland. "In Vietnam there were beaches, tropics; this is a gritty environment."
War and rape are recurrent themes in De Palma's work. "It's a metaphor for my feeling of what America did to Vietnam and what we're doing to Iraq. We come in, we destroy, we rape, we kill and then we leave. The girl represents the innocent country." But it's more than a metaphor, isn't it? "If you're going to rape a country, why not rape its women at the same time," he says baldly. De Palma believes that the consequences of an unjust war are felt for generations, and he quotes one of his characters. "McCoy says you have to have a very good reason to go out and kill people. Because if you don't, it twists you all up inside, and we will be suffering the repercussions of those soldiers that will never be able to deal with the experience of killing women and children for generations."
He is happy to see his film as a form of counter-propaganda. "I want people to try to understand a little better how and why this terrible crime was committed, and how it tells us a lot about our whole occupation and invasion of Iraq."
In some ways, Nick Broomfield's Battle For Haditha is eerily similar to Redacted. Again, it is shot more like a reconstruction than a traditional movie, using no recognisable stars (in this case, mainly non-professional actors), and again it is unremittingly bleak. Both films are based on true stories and have pretty much the same starting and finishing points. In the Iraqi town of Haditha, on November 19 2005, a marine was killed by an insurgent bomb. On the same day, 24 civilians were killed. Initial reports said that 15 had died from the bomb blast and the others in subsequent fighting with US soldiers. But an amateur video, shot by an Iraqi the day after the killings, told a very different story - this had been a massacre. Five men in a taxi had been lined up and shot on the spot, and nearly all the others had been shot in their homes, including seven women and three children, the youngest aged three. Haditha has been called Iraq's My Lai. Four marines faced charges of unpremeditated murder, which were later dropped. Squadron leader Frank Wuterich, who was charged with 12 counts of unpremeditated murder, could still face jail if convicted on charges of voluntary manslaughter, aggravated assault, reckless endangerment, dereliction of duty or obstruction of justice.
Broomfield tells the story from three perspectives - that of the marines, the two insurgents who plant the bomb and the Iraqi family living in the vicinity. Although the atrocity is every bit as shocking as that depicted in Redacted, Broomfield's film is more nuanced, more humane. Battle For Haditha starts with a series of talking heads - the marines who go on to slaughter the innocents. "What d'you want to know?" asks one boy-man, who looks as if he has not even started shaving. "I live in a shit barracks. Constant threat. I get shot at any minute through every window. I wake up every morning and do the same patrols every day and basically the only thing I'm fighting for, that I know I'm fighting for, is to make it home every day without being killed, because I don't know why we're here." We sympathise with all three sides. The marine largely responsible for the carnage begged to see a doctor before the incident because he was having nightmares - and was refused permission; the older insurgent was a former Iraqi soldier given negligible compensation when the US disbanded the army; the Iraqi family are warm and loving.
Broomfield has not yet found a US distributor for his film. Is that because nobody wants to see films such as this or because distributors have lost confidence in them? "With a couple of million dollars' P&A [promotion and advertising] behind it, one would have a chance." How much has he got behind it? "Well, nothing." But he knows he's having his cake and eating it. This is a guerrilla movie, divorced from the mainstream. Of course, Broomfield doesn't expect a lavish Hollywood-style marketing spree.
He talks more like a campaigning journalist than a movie-maker. Like De Palma, he feels that while there are so few official images provided of body bags and charred victims, it has become the film-maker's role to act as an official recorder. And because they are so angry that the truth has been withheld from the public, they are all the more determined to make their films hard-core.
If there is such a need to chronicle the war, why are the films struggling for an audience? Broomfield points out that the films from Vietnam were made years after the event, when it was no longer so raw. "The other main difference is there was conscription in Vietnam and middle-class college kids were being killed. Here, it's just the poor and dispossessed being killed in Iraq. Nobody needs to deal with it. The rich don't need to deal with - it's Puerto Ricans and white trash being killed in America." However savage the portrayal of Vietnam in Apocalypse Now, made six years after the end of the war, it is obvious to viewers that this is fiction (indeed, it is based on Joseph Conrad's Heart Of Darkness). At least to that extent, we are let off the hook.
The "stars" of Broomfield's film are the very troops he's talking about - former marines who have given desperately convincing performances and now hope to establish themselves as actors. Broomfield calls it real cinema - real people shot in real locations. Now, with cameras so portable, you can shoot on the run, use non-professional actors for long takes and not worry if they screw up because the video is so cheap. "For non-actors you need to make things real, and part of that is you don't have them hit marks and spots and deliver particular lines, and you don't keep stopping them."
As much as anything, he says, these films are about the evolution of technology. "If you look at the story of film, it started off on massive sound stages and was influenced by the theatre. Because the equipment was gigantic, you couldn't move it. Then, when you could move the cameras, you got cinéma vérité, and a different way of film-making. So with each technological leap, a whole new school of film-making develops. Especially in De Palma's film - you couldn't possibly have done that a few years ago."
Initially, Broomfield says, things got too real and he feared he might have to stop filming. "The guy who plays the younger insurgent had lost three brothers in Fallujah, and when he learned that some of the marines had been in Fallujah, he wanted to have a confrontation with them. I thought it would be impossible to make, but after two or three weeks they became good friends and were amazed by how much they liked each other. In Iraq, these marines had never really got to know anybody else as human beings - initially, they were full of 'Arabs are dirty' and 'You can't trust them'."
In the second world war, many directors felt it their patriotic duty to make feel-good films to boost the allied effort. Back then, John Wayne was virtually a one-man propaganda machine, starring in Flying Tigers, The Fighting Seabees, Back To Bataan and They Were Expendable - all made between 1942 and 1945. "The Nazis were the horrible enemy," Broomfield says. "They were an easier bad guy than anything that we had in Vietnam or now." Actually, he says, even the Vietnam films had something of a heroic nature, however damaged the soldiers it depicted and however pointless the war it portrayed. Most told the stories of disillusioned stoners who couldn't make sense of what was going on. And yet, even then, it was a simpler war - soldiers knew why they were there, to fight the Commies, even if they disagreed with the rationale. "In the Vietnam films by Oliver Stone, there was a kind of grandeur, an epic quality about them. Iraq is a grubby war. I don't think there's any glory in these films. This is a war where the best footage is all shot by the people on the ground; either the insurgents shoot footage or the American troops shoot footage, and that's probably also influenced the way people depict the war."
Broomfield says making the film left him traumatised. "I used to have nightmares editing it - that I was directing this massacre. For months on end. It was quite haunting, and it did stay with me rather too long."
In The Valley Of Elah, again based on a true story, makes up a trilogy of Iraq bad-apple movies. Directed by double Oscar winner Paul Haggis (Crash, Million Dollar Baby), it is more conventional than the Broomfield and De Palma pictures. It has a conventional narrative (a father determines to find out how his soldier son, just home from Iraq, died), it belongs to a cosier genre (murder mystery) and it has stars (Tommy Lee Jones, Susan Sarandon and Charlize Theron). But at its heart is another unspeakable act committed by the military.
In The Valley Of Elah has also failed commercially. Rightwing groups have labelled it "Bin Laden cinema" and called for it to be boycotted. Haggis's inspiration also came from trawling the web. He was horrified by the blogs soldiers were posting - a shot of a kid with a burned corpse talking to it as if to a buddy, a soldier picking up a dismembered hand and waving it as if it were his own. "I said, 'My God, what is happening?' I know these to be good men and women. These are kids; these are good kids they are sending there."
Since making the film, Haggis has screened it to soldiers and has been shocked by further discoveries. "There is the highest suicide rate in the military in 30 years right now. I was screening this film for some troops and their family members in Washington DC, and afterwards a woman came up to me and said, 'Thanks so much, it was a really hard film to watch. My husband was in active duty, and when he came back he hung himself.' Then another woman came up and said, 'Thanks for making the film. It was really hard to watch because I saw my son in it. He was in Iraq, and the first week back he shot himself.' I walked out and another woman came up to me and said, 'My husband was an Iraq war vet. I was really afraid for the first two weeks until he hung himself.' "These are three women who didn't know each other and this is within seven minutes of me walking out of the theatre. What the fuck is going on?"
Haggis has asked the same question as De Palma - where are the images? "During the Vietnam war, photos were shown that were disturbing, like the one on the evening news of the young child burned by napalm." He doesn't bother asking why they have been excised from the network screens. "It's not brain surgery that when you see a picture of a kid with no head, you can't sell deodorant any more."
Not all the movies to have emerged from Iraq have been so relentlessly feel-bad. But none has been a box-office smash. Rendition, about the kidnap of an Egyptian-American by US authorities who suspect he's a terrorist, starred three Oscar winners - Reese Witherspoon, Meryl Streep and Alan Arkin. It took a disappointing $23m at the global box office. Robert Redford's speechy Lions For Lambs, about a US squadron in Afghanistan and boasting its own triumvirate of superstars (Tom Cruise, Redford and Streep again) cost $35m to make and took around $57m worldwide. Even though that may seem like a decent profit, when marketing costs are taken into account, it is not a success - a $100m return is the least that would have been expected. Little wonder New York magazine called it "a critical flop and a box-office bomb". A Mighty Heart, the true story of Marianne Pearl's search for her husband, the journalist Daniel Pearl, starred Angelina Jolie and managed $19m at the box office. Grace Is Gone, which stars John Cusack and features original music written by Clint Eastwood, tells the story of a father who does not want to tell his two children that their soldier mother died in Iraq. The film was made for a tiny $2m, but it has taken a much tinier $50,899 at the box office after being released last December in only four American theatres. Despite winning the Audience award at last year's Sundance Film Festival, Time Out New York gave it minus one star and dismissed it as "grief porn". Perhaps the most successful film about the "war on terror" is The Kingdom, which had grossed $83m by the end of last year; perhaps not surprisingly, although it is a story about Arabs, terrorists and bombs, it is not actually about Iraq, bares little relationship to reality and works as an escapist thriller.
Of all the recent antiwar films, it is De Palma's that has caused the biggest outcry. Despite its award at Venice, and the many column inches it garnered, Redacted was released in only 15 theatres in the US last November and on its first weekend took a paltry $25,628. The latest figures show it has taken $500,000 worldwide.
The pugnacious De Palma has found himself at odds not only with the neocons and a reluctant audience, he has also found himself in conflict with his own producer. Although he was promised he could make the film as he wanted for $5m by Mark Cuban, it didn't quite turn out that way. The film ends with a montage of still photographs (some taken by the Guardian's Ghaith Abdul-Ahad) of war victims - the maimed and the dead. Cuban insisted that the faces be disguised to protect families or those still living. De Palma was outraged, saying that the photographs had already been seen in the press and were available on the internet, and that it would be impossible to obtain permission for usage. He called it an act of censorship.
While De Palma is undoubtedly disgruntled, you can't help sensing he enjoys the irony of his film Redacted being redacted. Has he fallen out with Cuban? "I was very unhappy that my pictures got redacted," he says with a stony face. Didn't Cuban offer him the opportunity to buy the film back from him, though? "That's not true. He never offered me that opportunity, he never answered my phone calls." He gave up on the film? "Absolutely - he didn't want to be associated with those photographs."
I ask why he thinks so few people have watched his movie in the US - lack of opportunity, the call for boycotts, they don't believe it's true, the lack of narrative, the radical format, they don't regard it as entertainment? "A combination of all those things," De Palma replies. "It's reported that it's all not true, that it's a very negative representation of the soldiers, and even though it happened, this is a tiny part of the military and why would anybody make a movie like this. And even the people who like it say, well, this is an extremely difficult film to watch."
Does he find it difficult to watch? "It's pretty tough material, yes. But I found Casualties Of War hard to watch, too." Is Redacted harder to watch? "Yes, it's very sad material."
But he is convinced its time will come. He says that it's a film ahead of its time, and reminds me that the earliest Vietnam movies were made years after the war finished. "Redacted deals with very moving material in a very new form and it may take a while for people to adjust to it. In time, they will come to accept it because all the information the Bush administration has been suppressing will come out and we'll learn the terrible stories that they've been hiding from us for so long. Whether it finds it this year or in years to come, I just think the movie will find its audience."
The media's job is to interest the public in the public interest. -John Dewey
Fair Use Notice: This site contains copyrighted material, the use of which has not always been specifically authorized by the copyright owner. We have made such material available for the benefit of others and in the public interest, as part of our efforts to promote greater understanding of media and democracy. We believe this constitutes fair use of any such copyrighted material as provided for in section 107 of the US Copyright Law (see http:// www.law.cornell.edu/uscode/17/107.shtml). In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.
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Pie-n-Tea Parties: An HFM Coping Technique
Last year, I very briefly mentioned an event that has become a regular thing in my life. It’s called a Pie-n-Tea Party. And the name has a pretty decent story behind it.
I was filling my friend Tim’s poor eye holes with long text messages bemoaning my pathetic state during fertility treatments. (I believe I specifically said that waiting in the reproductive endocrinologist’s office at 7 AM smelled like freshly applied deodorant and desperation.) I told him that I was going to throw myself a pity party that night with lots of junk food. And he turned the thought of a pity party over in his mind a few times, playing with the words.
The message that came back was something along the lines of, “Rather than a pity party, you should throw a Pie-n-Tea Party. Invite all your girlfriends, and you can all eat junk food and kvetch together.”
I thought his idea had merit. So I created an event on Facebook and invited all my lovelies to it. Who knew we all needed a set event to sit down, drink some wine, eat some pie and have a big ol’ bitch session? Tim did apparently. He’s a wise man.
Click for pumpkin pie recipe.
So we set a date for another Pie-n-Tea. And another. And this Friday will be our third ever Pie-n-Tea party. I think we have all the kinks worked out. There’s going to be at least three freshly baked pies available. And wine, of course!
We’ve decided to hold them quarterly. My lovelies are all so busy we couldn’t possibly work them in monthly. Which is fine because I’ve also decided to throw my husband out of the house for these events. And it’s difficult to throw him out monthly. But quarterly he’ll begrudgingly do.
This quarter I’m making pumpkin, strawberry and peach pies. Unfortunately only the pumpkin is available fresh in February. Well that’s not true, strawberries are available but they taste like nothing because they’ve been grown in a hothouse. If you’re interested in roasting you own pumpkin to make pumpkin puree for pie filling, click here.
So I’ll be working with frozen fruit for the strawberry and peach pies. But that’s fine because frozen fruit is picked and processed when it is at the peak of ripeness. The only thing you lose when using frozen fruit is firmness. And honestly, pie filling isn’t something you want to be particularly firm.
I am thinking about printing them on card stock and turning them into a garland. I know, it’s a bit hokey. But I don’t care. I want a lovely party space for my lovelies! I never thought I’d be the type of woman who started crafting when she was in her 30s. But apparently I am.
And just look at those graphics! They are begging to be used in some way. It’s a tea party people. What, you want me to just ignore them? No can do.
Anyway, if you’re a TTC-er, a Pie-n-Tea Party might just be the thing for you. Or come up with your own quirky party theme. If you do, leave a comment. I want to hear what the cool kids are doing these days.
3 thoughts on “Pie-n-Tea Parties: An HFM Coping Technique”
Wow, Pie-and-Tea party sounds so cool 🙂 I’m definately going to steal this idea, if you don’t mind 😉 Mine will be called “Vodka-and-Lemon Party” we love us some Vodka 😉 and some of my friends and I hardly get a chance to meet up, so this will be an ideal excuse 🙂 thanks for sharing the idea!!
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DESCRIPTION:(from applicant's abstract) This proposal is designed to further our understandingof thecontribution of prefrontal cortex (PFCx) to human cognition. Neuropsychological and electrophysiological techniques will be employed to examine the role of subregions of PFCx in executive control of visual processing, novelty detection and response monitoring. 1) Experiments will be conducted to delineate the temporal (100-600 rnsec) and spatial dynamics of lateral PFCx-extrastriate interactions during visual attention using event-related potentials (ERPs) and EEG spectral techniques. 2) We will employ EEG spectral techniques to examine the temporal parameters of lateral PFCx-extrastriate interactions during the switching of attention to subregions of the visual field. 3) There is disagreement as to how object andspatial information is integrated in lateral PFCx. Behavioral andelectrophysiological experiments will be performed to assess the contribution of lateral PFCx to the integration of visual features. 4) The contribution of lateral PFCx andorbital PFCx to object, spatial and emotional working memory will be explored. 5)A distributed cortico-limbic network involving PFCx, anterior cingulate, temporal-parietal junction and posterior hippocampal formation is activated during novelty detection (200-500 msec). This network provides a neural measure of phasic attention to perturbations in the environment essential for mental flexibility andnew learning. Behavioral end electrophysiological experiments will examine how lateral and orbital PFCx contribute to different aspects of novelty processing. Experiments will examine the contribution of emotional valence as well as context to novelty processing. 6) Finally, behavioral performance is constantly monitored and detection of mistakes leads to reliable alterations in current andfuture action. In humans, detection of an error is accompanied by an error related potential (ERN) generated in anterior cingulate cortex within 100 msec after detection the erroneous response. We have shown that this cingulate measure of response monitoring is regulated by lateral PFCx. Two theories including response competition and the emotional valence of a detected error have been proposed to explain the role of prefrontal-cingulate circuits in response monitoring. Experiments will be conducted in patients with lateral or orbital PFCx damage to test these hypothesis. This proposal derives from ongoing research in our laboratory designed to elucidate the temporal dynamics and network properties of PFCx contributions to cognitive processes frequently impaired in neurological and psychiatric disease.
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How to build Digital Stopwatch 0-99sec
Introduction
In the present article, we will describe the function of a digital stopwatch, 0 – 99 sec. The function of the stopwatch, relies in the use of 4 integrated circuits, which in this case belong to National Semiconductor (http://www.national.com). It is obvious that other integrated circuits can be used to achieve the same result, however in this case we have used the following parts:
Α. 1 x CD4060BM (14 stage ripple carry binary counter)
B. 1 x CD4040BM (14 stage ripple carry binary counter)
C. 1 x MC14518B (BCD counter)
D. 2 x MC14511B (BCD to seven segment driver)
E. 2 x 7 segment LED displays
The circuit that has been used is shown in picture 1. Through the experimental part we will explain each of the parts function, but in order to have a notion of the basic idea, let just say, that this circuit besides the 5V power supply, is fed with a pulse which comes from a crystal. The crystal’s pulse is devided properly in order to obtain the 1 Hz pulse which we need in order for the circuit to work properly, and display the seconds on the 7 segment displays, through a procedure which we will explain through the experimental part.
Circuit diagram
Description
We will begin the description of the digital circuit above. For our convenience we will devide the circuit to 2 parts: the generator, which produces the pulse of the desired frequency, and the part that does the actual counting.
Generator:
The generator of the circuit comprises of the integrated circuits CD4040CM and CD4060CM. We use a crystal which oscillates at a frequency of 4,194,304MHz. It is obvious that this frequency is completely useless, as it is too big to be used as it is to our circuit. What we should is devide this frequency, in a way that in its final form, the pulse will have a frequency of 1Hz, which is the desirable frequency. Initially we use the integrated CD4060, which devides the imported frequency in its input, by forces of 2. As we can see on the integrated circuit the outputs are marked as Q4, Q5,… Qn. By importing a pulse in the CLK input of the 4060, with a frequency f Hz, we take out of output Qn, a signal which has a frequency equal to f/2n,. So, by exporting the signal out of Q14, knowing that the imported signal has a frequency of 4,194,304Hz, we take a signal, which has a frequency of 256Hz.
By importing this signal, to 4040 and by exporting the signal through Q8 we have finally taken an inverted signal, at the frequency of 1Hz. The fact that the signal is inverted, firstly doesn’t affect the proper function of our circuit and secondly is due to the inversion of the CLK input as we can see. This inversion just causes, the following circuit to be triggered with a logical “0”. By putting a LED on the same output, we have a visual of the counting, as in each positive pulse the diode polarizes positively, and a current passes through it.
Counter:
The signal of 1Hz, which we have taken from the generator, is imported to a BCD counter MC14518. This integrated circuit adds a logical “1” at each pulse, on its output.του. .The MC14518 is virtually divided into two segment. One counts the units of the seconds, while the other the decades. As we can see in picture 1, the generators pulse is imported to the part which counts the units. This is very logical, as we want in each secont the number of the display to be raised by 1. On the other hand, we want the first display to raise by 1, every 10 seconds. This is why, we ground the CLK input, and we use the signal of Q3 to the CKE input.
By using this means, we make sure that the first display will be triggered, only when we have a decreasing signal on Q3; that is, only when the signal drops from logical “1” to logical “0”. As we can see, the first display increments every 10 seconds, which means that after 9 on the second display (1001 on the output of the BCD counter) the first display must be set to zero, while the first must be set to +1. That is that from 1001 à 0000, and we have a descending pulse, as the last digit descends from logical “1” to logical “0” and triggers the BCD counter of the decades. When the decades display becomes 9 then the circuit goes to the next state, which is zero, and the counting begins once more.
The integrated circuits MC14511 are BCD to 7 segment drivers. As its name clearly state, their sole purpose is to translate the BCD information of MC14518, to a code understandable by the 7 segment displays. The inputs (Lamp Test, Blanking) are used to test the LEDs of the display and pulse modulate the brightness of the display. In this case we these inputs to logical “0”, as we don’t need them. The LE input (Latch Enable) is used to keep the number of the displays while the pulse still runs. It is a HOLD function similar to the one of the modern stopwatches.
In addition, at any given moment we can restart the counting, by pressing the reset switch. By this means we set the RST input of the MC14518 to logical “1”, which resets the counting to 0000.
Similar diagrams
Important!!!
We are not responsible for any injuries or damage caused by information from this website! Working with electricity is dangerous for your life, especially diagrams related to high voltage! We do not guarantee success in building devices using our diagrams! They are not tested by us. For questions about diagrams use author info below diagram or our contact page. Thank you!
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Harvard students excited for the possibility of legalized marijuana in Massachusetts may find it sobering that, if Harvard follows the paths of other universities, the drug will likely remain banned on campus even if Massachusetts Ballot Question 4 passes.
Question 4 would legalize recreational use of marijuana in Massachusetts for people age 21 and older. Four other states are considering similar measures this election cycle.
Central to the debate over whether Harvard, and any college in Massachusetts, would permit marijuana use on campus is its relationship with the federal government. A private institution, Harvard receives millions of dollars from the federal government each year for research. The receipt of federal funding is contingent upon colleges and universities’ adherence to federal statutes, including the criminalization of marijuana.
Legalizing marijuana on a campus that receives federal funds could potentially jeopardize those funds, according to Harvard Law School professor Charles R. Nesson. Nesson recently lectured at the Harvard Ed Portal in Allston on Question 4.
“The operative question I think is whether this acts as an in terrorem effect,” Nesson said, referring to Harvard’s federal funding as a deterrent to permitting cannabis. “I just can’t imagine Harvard taking any step but the most conservative one: go the slowest, stay the closest to the ground.”
Harvard spokesperson Brigid O’Rourke declined to comment on the status of marijuana on campus should the ballot question pass. She also noted that Harvard does not take positions on any ballot questions. The possession or distribution of marijuana on campus is currently a violation of Harvard’s drug and alcohol policy.
Harvard students intending to vote in Massachusetts overwhelmingly support the ballot measure, according to data from by The Crimson’s election survey, a voluntary questionnaire filled out by more than 2,000 undergraduates. Sixty-seven percent of Mass. voters at Harvard are planning to vote “Yes” on the ballot question, while 16 percent intend to vote “No.” About 17 percent of respondents remain undecided. The Crimson Editorial Board also encouraged readers to vote “Yes” on Question 4 a few weeks ago.
While Harvard has not made any public statements regarding policy changes after the vote, other private colleges in the area, like Boston University, do not intend to alter drug policies in the event of a yes vote.
“We do not anticipate any policy change, no matter the outcome on Question 4,” Colin Riley, executive director of media relations at Boston University, said.
Universities in states like Colorado, where recreational marijuana is legal, have banned the substance on campus despite its legality. At the University of Colorado, Boulder, marijuana is banned on campus, even for students over the legal age of 21.
“In addition, the state constitutional amendment authorizing individuals over the age of 21 to recreationally use marijuana (‘Amendment 64’) does not change this prohibition or authorize a student to use marijuana,” the UC Boulder student handbook reads. “Federal law, including the Drug Free Schools Act, continues to prohibit marijuana. Thus marijuana use, even if in compliance with Amendment 64, is prohibited on campus.”
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Upgrading to GeoGig 1.1
=======================
.. warning:: Ensure you have your repository database fully backed up before moving to GeoGig 1.1
.. note:: This guide centred around a PostgreSQL GeoGig backend. If you are using a RocksDB backend, please modify the command so they point to your RocksDB.
Upgrading 1.0.0 repositories
-----------------------------
There’s been a lot of changes in GeoGig since the 1.0 release.
Our recommendation is to use GeoGig 1.1 to `clone`
your existing repository into a new repository (in a new database).
We also strongly recommend first validating a test system before attempting to upgrade a production server.
Here is a simple process to do this;
#. Backup your existing 1.0 repository (use existing PostgreSQL tools)
#. Create a new PostgreSQL database
#. Use GeoGig 1.1 to `clone` the 1.0 repository into the new database
::
geogig clone "postgresql://..old..repo.." "postgresql://...new repo..."
#. Create QuadTree indexes in the new repository for the branches/layer required (see below)
#. Setup your PG Cache sizes (see below)
#. Upgrade your **test** server to GeoGig 1.1, pointing to the new database
#. Test until you are satisfied that GeoGig is working in your environment and the datasets are working as expected
#. Repeat steps 2-5 to set up a new production database
#. Upgrade your production server to GeoGig 1.1, pointing to the new production database
Creating QuadTree Indexes
-------------------------
Creating the QuadTree Index
~~~~~~~~~~~~~~~~~~~~~~~~~~~
The following command will create a spatial index;
::
geogig --repo "postgresql://..." index create -a <geometry column> --tree <branch>:<layer>
For help finding the names of the columns, branches, and layers see the FAQ section, below.
More help is available `here <http://geogig.org>`_ or by typing :code:`geogig index --help`.
Adding/Creating Extra Attributes
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Adding “extra attributes” to the index makes querying-by-attribute much faster.
If you have time series data (like StoryScape), you should include the dataset’s time attribute(s) to the index.
If you have SLD or other queries that do selections based on an attribute (i.e. road type), you should include those attribute(s) to the index.
::
geogig --repo "postgresql://..." index create -a <geometry column> --tree <branch>:<layer> -e <attribute1>,<attribute2>
More help is available `here <http://geogig.org>`_ or by typing :code:`geogig index --help`.
Geoserver: Auto-Indexing (Advanced Operation)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Geoserver GeoGig plugin offers the ability to automatically create indexes (and automatically add extra attributes for time series-specific attributes configured on the
*Dimension*
tab) for layers added through geoserver.
This is useful for application that dynamically create layers in Geoserver and want to have QuadTree indexes automatically created.
For more control, we recommend adding indexes explicitly through the GeoGig Rest API, however, for most applications, the auto-indexing functionality is enough (and allows existing applications to create and use the indexes without modification).
For an existing Datastore, configure the datastore and turn on the automatic indexing;
|advancedOptions_png|
For Datastores created through the REST API, set the “autoIndexing” connection parameter to “True”.
Please contact support for more details.
Configuring PostgreSQL Cache Sizes
----------------------------------
GeoGig 1.1’s caching has significantly improved since GeoGig 1.0.
However, configuring the caches is a bit more involved.
Each database (which typically has multiple repositories) needs to have a cache size set (it defaults to 10% of the JVM memory size, which is usually insufficient).
You must ensure that the sum total of all the database caches does **not** exceed the memory you have allocated for the cache or your application will run out of memory.
Also note that once you configure a cache size, **all** GeoGig applications connecting to the database will use the same sized cache, so ensure they all have enough JVM memory allocated.
Process to Set PostgreSQL Cache Sizes
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
#. Determine the amount of memory to allocate to Geoserver (this will typically be the majority of the real memory of the system) and allocate it to Geoserver with an :code:`-Xmx` java JVM option.
#. Determine the amount of memory to allocate to GeoGig and Geoserver.
Typically, allocating approximately 2-4GB to geoserver is sufficient (depending on your use case).
#. Determine how much of the remaining memory will be allocated to each of your PG databases (do this on a database-by-database manner, NOT a repo-by-repo manner).
Databases that are larger or more heavily used should be allocated more memory.
#. Use Geoserver to set the cache size (:code:`postgres.bytecache.maxSize`) for each of the database.
#. In Geoserver, on the left hand column click on [GeoGig] [GeoGig Repositories]
#. Find a repository in each of the databases and click on it. A database can contain multiple repositories, but the cache size is set on a database-by-database manner.
#. Press the [Add new global config] and add a config value for :code:`postgres.bytecache.maxSize` with the number of cache bytes to allocate to that database.
|cacheConfig_png|
#. Verify that the sum total size of the caches are correct and that you have not over (or under) allocated your memory.
#. Restart Geoserver
Example
~~~~~~~~
Lets work through an example for a machine with 64GB of memory and 3 GeoGig postgresql database (DB1, DB2, DB3).
DB2 is larger and more heavily used than the other two database.
#. We decide to allocate 62GB to Geoserver, giving 2GB of memory to other processes on the system.
We set :code:`-Xmx62GB` and verify (see Geoserver documentation).
#. We decide to allocate 3GB to Geoserver, leaving 59GB to GeoGig’s Cache.
#. We decide our allocations should be 12GB (12884901888 bytes), 35GB (37580963840 bytes), and 12GB (12884901888 bytes) for the 3 databases.
#. In geoserver, we find a repository in each database, and configure the parameter (as above).
#. We verify;
System Memory = <Memory allocated to OS> + <Memory exclusive to Geoserver> + <memory allocated to DB1> + <memory allocated to DB2> +<memory allocated to DB3>
64GB = 2GB + 3GB + 12GB + 35GB + 12GB
GeoWebCache
-----------
Highly recommend seeing if you can enable this for your dataset (verify with the GWC team first).
Caveats and Issues
------------------
Bounds Problem
~~~~~~~~~~~~~~
For data created before GeoGig 1.1, the bounds of features may be slightly incorrect (usually very very very slightly incorrect).
Usually this does not affect operations because WMS request expand the bounding box while drawing.
However, certain WFS queries (like a bounding box query for a feature whose bounding box is just barely inside or outside the bounding box) may return too many or too few features.
This was corrected in GeoGig 1.1 - data created (or modified) in GeoGig 1.1 will have the correct bounds.
PostgreSQL Hash-index problem in GeoGig 1.0
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Repositories created pre-GeoGig 1.0 (i.e. 1.0-pre3 and before) are using PostgreSQL hash indexes.
These are not optimal - using GeoGig 1.1 to :code:`clone` these repositories (as outlined, above) will use btree indexes instead.
HTTP-Clone
~~~~~~~~~~
There are some problems with :code:`clone` when the source/destination repositories are via HTTP (i.e. against Geoserver or the
:code:`serve` CLI). Use :code:`clone` **directly** against the underlying databases instead of the HTTP location.
Geoserver Configuration
-----------------------
Time-dimensioned data
~~~~~~~~~~~~~~~~~~~~~
Time Dimensioned datasets (in any datastore, including GeoGig) should have the internal Geoserver GetCapabilities cache disabled, or the Time dimension information in the capabilities document could be out-of-date.
::
-DCAPABILITIES_CACHE_CONTROL_ENABLED=false
Use the Marlin Renderer
~~~~~~~~~~~~~~~~~~~~~~~
Please ensure that you are using the Marlin renderer (especially on AWS deployments) - testing has shown it has significantly better performance with GeoGig (and many other datastores).
Configure repositories to use a specific branch
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
GeoGig can reduce the number of roundtrips to the database if you configure the datastore to point to a particular branch (instead of “Use currently checked out branch”).
This improves performance.
|branchConfig_png|
Control-Flow Extension
~~~~~~~~~~~~~~~~~~~~~~
Consider using the control-flow extension to limit the number of simultaneous request to geoserver.
For Clustered Environment
~~~~~~~~~~~~~~~~~~~~~~~~~
GeoGig/Geoserver has not been formally testing in a clustered environment - there are a few likely issue that we hope to resolve in the very new future.
Please note that GeoGig performs better with a larger cache, so each geoserver instance in your cluster should be allocated a lot of memory.
RDS Network Performance
~~~~~~~~~~~~~~~~~~~~~~~
One of the limiting performance limitations is how quickly your PostgreSQL RDS instance can transfer data to GeoGig.
#. Use an RDS instance with at least “HIGH” network performance (or better)
#. Increase the size of your GeoGig memory cache
#. Limit the number of features retrieved/drawn for a single request
#. Use GWC to cache WMS requests
FAQs
----
How to find all the repos in a database?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Connect to the PostgreSQL database and execute;
::
SELECT * FROM geogig_repository_name;
|repoNameSQL_png|
How to find all the layers that I might need to build an index on?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
::
geogig --repo "postgresql://..." ls <branch>
How do I find the name of the Geometry (and other columns)?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
::
geogig --repo "postgresql://..." show <branch>:<layer>
|geomName_png|
How do I find the Branches in my repository?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
::
geogig --repo "postgresql://..." branch -a
.. |branchConfig_png| image:: ../img/branchConfig.png
:width: 2.9953in
:height: 1.9925in
.. |repoNameSQL_png| image:: ../img/repoNameSQL.png
:width: 4.6402in
:height: 1.1008in
.. |cacheConfig_png| image:: ../img/cacheConfig.png
:width: 4.8484in
:height: 1.8417in
.. |advancedOptions_png| image:: ../img/advancedOptions.png
:width: 3.2846in
:height: 0.6402in
.. |geomName_png| image:: ../img/geomName.png
:width: 6.5in
:height: 3.1252in
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Examining an internet-delivered intervention for anxiety and depression when delivered as a part of routine care for university students: A phase IV trial.
There has been growing interest in the potential of emerging internet-delivered psychological treatments for supporting the mental health needs of university students. However, no large-scale prospective effectiveness trials examining their real-world potential have been reported. The aim of the current study was to evaluate the acceptability and effectiveness of a brief, 5-week, internet-delivered and therapist-guided intervention for anxiety and depression, when delivered as part of routine care by a university counselling service. A large, prospective, single-group Phase-IV clinical trial. Students (n = 1326) engaging with the university counselling service were provided the opportunity to receive the intervention based on their preferences and identified needs. Students completed standardised measures of anxiety and depression at pre-treatment, each week of the intervention, post-treatment and 3-month follow-up. Over a 4 year period, 1081 students (10% of those presenting to the counselling service) participated in the intervention. Large clinical reductions in symptoms of both anxiety (% reduction = 41%; Cohen's d = 0.94) and depression (% reduction = 36%; Cohen's d = 0.81) were observed alongside high levels of acceptability. The intervention required relatively little counsellor time (M = 36.28 mins; SD = 20.56) per student, and symptom deterioration was observed in less than 5% of students. The findings of the current study are supportive of internet-delivered interventions provided as routine care to university students. Further research is needed to carefully explore whether these interventions could be used with a larger proportion of students presenting to counselling services, paying close attention to acceptability, engagement and clinical outcomes.
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Description
SQUASH THE HUMDRUM
Throw your cautions to the wind, the Miller is our steadfast silhouette that’s here to stay. Displaying unwavering devotion to your arches since the start, the Miller slip-on rolls with our original alumni, graduating top of its class both in lite-ness and in comfort. It’s a scholastic stomper for all the pint-sized superstars.
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Biomarkers of diabetes-associated oxidative stress and antioxidant status in young diabetic patients with or without subclinical complications.
The aims of the study were to ascertain the potential role of oxidative stress in the onset of disease-related pathophysiological complications in young type 1 diabetes patients. Indicative parameters of lipoperoxidation, protein oxidation, and changes in antioxidant defense system status were measured in blood samples from 26 young diabetic patients with recently diagnosed (< 6 months) microangiopathy (+DC), 28 diabetic patients without complications (-DC), and 40 healthy age-matched controls (CR). Both diabetic groups presented similar fructosamine and glycated hemoglobin (HbA1c) values. Results showed erythrocyte glutathione peroxidase activity, glutathione content, and plasma beta-carotene to be significantly lower in diabetic patients compared with control subjects, but with no significant differences between -DC and +DC groups. Antioxidant enzyme superoxide dismutase activity was significantly higher in the erythrocytes of diabetic patients independently of the presence of microvascular complications. However, the plasma alpha-tocopherol/total lipids ratio was significantly diminished in +DC group compared with -DC (p =.008). Lipid peroxidation indices measured in plasma included malondialdehyde, lipid hydroperoxides, and lipoperoxides, which were significantly elevated in our diabetic patients regardless of the presence of complications. Evidence of oxidative damage to proteins was shown both through the quantification of plasma protein carbonyl levels, which were significantly higher in -DC (0.61 +/- 0.09 mmol/mg prot), and higher still in the +DC patients (0.75 +/- 0.09 mmol/mg prot) compared with those of controls (0.32 +/- 0.03 mmol/mg prot; p <.01) and immunoblot analysis of protein-bound carbonyls. Additionally, a marked increase in protein oxidation was observed in +DC patients through assessment of advanced oxidation protein products (AOPP) considered to be an oxidized albumin index; AOPP values were significantly higher in +DC than in -DC patients (p <.01) and CR (p <.0001). These results point to oxidatively modified proteins as a differential factor possibly related to the pathogenesis of diabetic complications.
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Thousands of dead bumble bees were discovered in the parking lot of a Wilsonville store.
Rich Hatfield, a conservation biologist with the Portland-based Xerces Society of Invertebrate Conservation, said shoppers at the Target store called him to report the dead and dying bees.
He then went to look for himself.
"There were literally falling out of the trees," he said. "To our knowledge, this is one of the largest documented bumble bee deaths in the Western U.S. It was heartbreaking to watch."
Hatfield said the bees were underneath blooming European linden trees.
The Xerces Society contacted the Oregon Department of Agriculture, who responded by sending staff to collect samples of the bees and foliage from the trees.
The nonprofit bee conservation organization said while the case of the mass bee deaths is unknown, they believe it likely involves acute pesticide poisoning or a poisonous species of European linden tree.
Hatfield estimated at least 25,000 dead bumble bees at the site. That number likely represents a loss of more than 150 colonies. Dead honey bees, lady bird beetles and other insects were also found at the site.
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International Commission for Protection Against Environmental Mutagens and Carcinogens. ICPEMC publication No. 19. The classification of carcinogens identified in the rodent bioassay as potential risks to humans: what type of substance should be tested next?
The relevance of rodent cancer bioassay data to humans is discussed in relation to the needs of regulatory agencies. The usefulness of in vivo and in vitro genotoxicity testing in this connection is also discussed. In the case of rodent carcinogens that do not elicit genotoxicity, it is suggested that homeostatic imbalance, cell proliferation, and other processes may play a major role in tumor development and its importance to the possible ability of the test agent to induce human cancer. These possibilities need to be evaluated on a case by case basis. The methods by which chemicals are selected for the rodent cancer bioassay are also discussed and it is pointed out that naturally-occurring constituents of human foods should in future receive greater priority as a consequence of anticipated changes resulting from biotechnology.
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$0.50USD
lyrics
A devoted boyfriend. She sends him to the hardware store to buy some sandpaper and some var-nish for her floor. He goes without question. He spends an hour there. He makes his se-lection with the utmost care. He rushes home quickly, lays his purchase on the bed. She takes the sandpaper and rubs it on his head.
And she says, "I’m gonna sand you right out of my well-rounded world, I wasn’t placed here to be somebody’s girl. I appreciate your help but it’s not like I’m your wife. I rounded you up, now I’m rounding you out of my well-rounded life."
She leaves without saying another perfect word. He stands alone in her apartment trying to process what he heard. He reaches for the varnish and though the fumes sting his nose, he pours it on her photos, on her bed, her books, her clothes.
And he says, "I’m gonna gloss you over, I loved you more than you’ll understand. But you rounded me out, I’ll try to do without, and I’ll forget you if I can."
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Monty Python’s Carol on the panto trail
THIS year’s pantomime at the Ropetackle Arts Centre has been a hometown gig for Carol Cleveland, known to millions as ‘the seventh Python’.
Carol, who loved every second of her O2 arena reunion with her old Monty Python mates in July, is playing the wicked queen in LP Creatives’ production of Sleeping Beauty until Wednesday, at the venue that is just a few minutes’ walk from where she lives in Shoreham.
“I lived in Brighton for 32 years, but I moved to Shoreham just over two years ago,” she said.
“There I was, a single woman of a certain age – and I up-sized! I had lived in a lovely little cottage in Brighton for a long time, and I just needed more space.
“Hanover is a very busy area, and I was a desperate for a garage and a front garden and more space just to breathe. I was not going to be able to get anything like that in that part of Brighton, and so very reluctantly I left Brighton and moved a few miles along the coast.
“But actually, Shoreham is lovely. I made the move at exactly the right time in my life. I just wanted a bit more peace and quiet.”
But peace and quiet only in her private life, Carol is quick to stress. In other respects, she’s delighted at the way things are moving, professionally.
“I am delighted to be back doing panto. I have done lots of panto in the past. I used to do it every year. I got into a run of panto. In the days when I had the legs for it, I used to be the principal boy, but principal boys are not particularly rewarding to play. They are just there for the daddies.
“After that, I moved on to play the fairies, which I loved because there is so much more that you can do with them. I made my fairies a bit forgetful and a bit ditzy, but now finally I am playing wicked, which I loved, which I always wanted to do. You can really put yourself into it.
“I have played wicked several times now. My favourite was the wicked witch in the Wizard of Oz. I loved doing that. But this is a panto I have never done before. I have never done Sleeping Beauty before.”
In fact, she hasn’t done panto for a while: “It suddenly seemed that the production companies stopped wanting RADA-trained actresses. They just wanted reality stars. Unless you have just come out of the jungle or Big Brother, they just didn’t want to know.
“I think I have just been lucky with this company. They didn’t want a reality star. They wanted a stage star! And I am so lucky. It is just 15 minutes from my house. I can go home between shows.”
It’s all coming together nicely for Carol. She’s got another feature film role coming up in the new year on the back of one she did last year: “I am getting back into film; I am getting back into TV; and I am finally playing my age, lovely character roles, which is great.
“And it was really lovely to do the Monty Python shows. Hopefully, lots and lots of job offers will be coming my way!”
Carol has also become a published author, bringing out her memoir PomPoms Up! From Puberty to Python and Beyond earlier this year, commissioned with the O2 reunion in mind, which really put the pressure on to write it in time.
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Why you should care
What would you consider someone who’s killed more than 100 children? Disturbed? Mentally unstable? How about one of the greatest orators of all time?
President Barack Obama has killed 7,548 people since taking office, most in Pakistan, Afghanistan, Yemen and Libya, according to the London-based Bureau of Investigative Journalism’s research into the U.S. drone-strike program. Up to 894 of them have been civilians, including as many as 110 children. And Obama has done it while sitting in the White House. Indeed, during his years in office, Obama sharply expanded the use of this counterrorism tactic. What about POTUS 45? Before he became president-elect, Donald Trump’s remarks were limited to suggesting drone patrols along the Canadian and Mexican borders — hardly a stirring national debate about the morality or long-term effectiveness of these remote-control kills. And Hillary Clinton was also a strong supporter of targeted drone strikes during her tenure as secretary of state. So, the millions of Americans who voted had precious little information as to where the candidates stood on this litmus test.
When you push a button and kill people thousands of miles away, it almost feels antiseptic.
Ed Kinane, Veterans for Peace
Here’s where I stand. Technology allows a form of warfare unlike any other in history, whereby the commander in chief can issue an order from a leather chair in an air-conditioned office and, nearly instantaneously, annihilate an enemy thousands of miles away. Given that a vast and insurmountable distance — both physical and metaphorical — separates the Situation Room and the target, it’s critical that the president understands the vivid reality of human killing human. Therefore, perhaps whoever occupies the Oval Office should have killed in order to kill. If that’s not yet the case, then the incoming commander in chief could meet the requirement by killing an innocent civilian face to face — say, right after the inauguration ceremony.
If you think I must be a lunatic, I’m afraid you’ll have to transfer the epithet to the late Harvard law professor Roger Fisher, who proposed a variation of this idea during the Cold War: The nuclear codes should be stored not in a briefcase, but in a capsule embedded in the heart of an innocent person. If the president decides to unleash nuclear Armageddon, he or she must first rip the codes from the innocent’s still-beating heart. “Technology disintermediates the decision from the consequences, and so Roger’s proposal was a way to … rehumanize decision-making,” says William Ury, a negotiation expert and Fisher’s mentee at the time the professor first floated his proposal. Ed Kinane, an anti-drone campaigner with Veterans for Peace, puts it in blunter terms: “When you push a button and kill people thousands of miles away, it almost feels antiseptic.”
It may be uncomfortable to acknowledge, but humans do not have levelheaded, analytical moral judgment, according to the latest research in moral psychology. The principle of action aversion holds that we might attach very different moral value to an action than to its consequences. In other words, “the action of just pushing a button and the action of physically [killing a person] feel very different at a visceral level,” regardless of whether the consequence is the same or even worse, says Harvard psychology professor and leading action-aversion researcher Fiery Cushman. Evidence suggests that a majority of people are unable to shoot to kill if they can see their victims. Similarly, “there’s a wealth of evidence that it would make it a hell of a lot harder” to launch a nuclear strike if the codes were kept in a person’s heart instead of a briefcase, Cushman says. Yeah, no kidding.
Some would say that making it harder for the commander in chief to take military action might be a bad idea. “If you accept the proposition that [the expansion of the Pakistani Taliban] is a threat that has to be confronted, I see the drones as the best worst option,” says Brian Williams, professor of Islamic history at the University of Massachusetts, Dartmouth, and author of Predators: The CIA’s Drone War on al Qaeda. Williams rejects the notion that modern warfare has desensitized the act of killing: Drone pilots “have tremendous proximity and intimacy with their targets,” he says, as do those watching on a screen in the White House.
More than half of U.S. presidents served in the military, but that historical trend seems to be ending, so it’s worth considering whether a civilian who has never witnessed or participated in combat is morally qualified to order the use of lethal force. And this needn’t be a proposal just for pacifists: If we elect leaders to kill enemies strategically on behalf of the United States, then we better make sure they are up to the job.
Thought this election season couldn’t be topped for drama? How about a bit of bloodshed on Inauguration Day?
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Q:
Azure VM via RPD shows black screen and cmd only
I have an Azure Virtual Machine. When I log in through RDP I can see only black screen and CMD console is opened. Is it possibile that there is no explorer?
VM OS spec:
Operating system: Windows
Publisher: MicrosoftWindowsServer
Offer: WindowsServerSemiAnnual
SKU: Datacenter-Core-1803-with-Containers-smalldisk
Version: latest
I have tried multiple things:
Connect RDP through 3 different apps (Windows Remote Desktop Connection, Windows Remote Desktop Connection Manager, Remote Desktop Manager)
Opened RDP session with lower resolutions.
Opened RDP session with lower color depth.
Opened RDP session without bitmap caching.
When I press CRTL-ALT-END i can see console LogonUI.exe
When I try add new task through TaskManager (File->Run new task -> explorer.exe) I got error Windows cannot find explorer.exe
When I navigate to C:\Windows where explorer should be installed, there is no explorer.exe.
A:
The SKU you selected is Datacenter-Core-1803-with-Containers-smalldisk. Windows Server Core is a GUI-less version of Windows, well except a few tools that is.
This article describe what's available and how to extend Core a little bit.
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Mavs Could Ink Dirk Nowitzki to $75-mil Extension
The job of keeping Dirk Nowitzki with the Mavericks next season and possibly beyond has begun.
Owner Mark Cuban said Monday that the team has opened discussions with the face of the franchise about locking him up. Nowitzki has the option of terminating the final year on his contract if he does so before July 1.
Cuban added that the Mavericks are going to pick up their team option for backup guard J.J. Barea for the 2010-11 season.
"We are definitely bringing J.J. back, and we are already in talks with Dirk about his deal," he said.
Cuban would not elaborate on whether a three-year extension might already be on the table for Nowitzki. That would be the longest addition the Mavericks could tack on at the moment. It could be worth the maximum allowed, approximately $75 million.
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Good Enzymes are Hard to Make (de novo computational protein & enzyme design) - MikeCapone
http://michaelgr.com/2008/07/05/good-enzymes-are-hard-to-make/
======
bbgm
Our understanding of the physics of protein folding and protein design is
still so limited that I continue to be amazed at the results that David Baker
(and some others) can get. I am still skeptical about how general these
methods are, what the false positive (and false positive) rates are and how
much specificity we can design into our systems
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The Dallas Fuel have Monday off after one of their longest days of the season.
The match -- the Sunday-night finale, the last of four scheduled clashes -- ended about an hour later than expected because of a bug that started with Benjamin "uNKOE" Chevasson being unable to select his hero.
The Fuel (10-17) lost their 11th straight match Sunday, 4-0 to the Guangzhou Charge (15-13). Dallas was officially eliminated from postseason contention over the weekend, before the clash.
You could forgive the Fuel players for wanting to rest as the final match of a disappointing season nears. Practicing eight hours a day, sometimes six days a week, can drain anyone
But Timo "Taimou" Kettunen won't be putting his feet up Monday.
"Eh, I'm going to be playing," Taimou said with a chuckle Sunday night.
Taimou, a veteran Team Envy pro, has finally come back onto the stage over the past month. He made his season debut in the final match of Stage 3, and has shared playing time with Dylan "aKm" Bignet over the final quarter of the season.
Lauded for his sharp Widowmaker play, Taimou knows how frustrating it can be to sit on the bench. His team is streaky, and the momentum hasn't been on its side. Dallas hasn't won a match since June 9 (3-1 over Washington).
It would be easy for him to dismiss playing for pride or dread going into the team training facility day after day, loss after loss.
"For myself I try not to think of it as a job," he said in a phone interview Sunday night, "because I feel like if you're just doing a job, you're not going to like it. Any job sucks, right? So I just try to think of it as a game, something that I can have a good time with my friends."
It's a good mentality to have, especially in an industry filled with turnover.
And there could be turnover in Dallas before next season.
Envy Gaming/Fuel owner and CEO Mike Rufail pledged change going into 2020. He didn't get into specifics, but it's clear Dallas needs a shakeup. It could come in the form of a more balanced schedule.
Or it could come in the form of player additions or subtractions. Or coaches.
But since contracts aren't publicly disclosed, speculation is about all we'll get regarding what kinds of changes Rufail means. The owner, through a spokesman, declined to comment Friday afternoon beyond the tweet.
The second half of our OWL season has been less than ideal. We have to do something about that and we will. That’s a promise. — Mike Rufail (@hastr0) August 16, 2019
Fuel head coach Aaron "Aero" Atkins thought the tweet seemed pretty natural. After all, Envy is a worldwide esports brand that's used to winning.
"I would expect the organization to want to make changes," Aero said Sunday night after his team's loss. "Obviously I can't really talk much deeper than that. Everyone wants to make sure that Dallas is a thriving organization in terms of our wins and losses and everything.
"Everyone wants to be better, so we're dedicated to doing that."
Aero said he keeps in touch with Rufail, a veteran gamer who moved Envy's headquarters to Dallas from Charlotte in 2017, "about everything" to always make sure they're on the same page."
Aero said he wasn't worried that he wouldn't be coaching the Fuel in 2020, but acknowledged that he couldn't go in-depth about it.
"I don't believe that's a situation," he said, "but of course it's not really something that we can talk about in relation to roster or coaching staff contracts."
But what Aero did talk about were the problems the Fuel have had, and it continues to be adaptability and teamwork in game, he said. The Fuel, who lost to Hangzhou on Thursday, had similar issues Sunday.
Despite a strong start on Illios, where the Fuel were one percent away from taking a point, it had another poor second half on the hybrid and escort missions.
There was the return of Pongphop "Mickie" Rattanasangchod, who played on Havana in Map 4 for his first appearance of the season, but that was one of the lone highs after the Fuel trailed 2-0 after halftime.
There's only one weekend left in the season, and the Fuel face Atlanta on Saturday at The Novo in downtown Los Angeles. There's not much time left for more highlights.
Winning Saturday won't mean much in the standings, but it would mean Dallas avoided an 0-7 stage.
"I just really want to win the last game because I would be very upset if we went 0-7., Taimou said. :That would be very devastating. Everybody in the team would feel really bad. I just want to make the fans proud and myself proud that we did it, at actually got a win under our belt and finished the season strong."
On Twitter: @TommyMagelssen
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Sharing For Learning
Menu
BSD
Though rootkits have a fairly negative image, they can be used for both good and evil. Designing BSD Rootkits arms you with the knowledge you need to write offensive rootkits, to defend against malicious ones, and to explore the FreeBSD kernel and operating system in the process.
Organized as a tutorial, Designing BSD Rootkits will teach you the fundamentals of programming and developing rootkits under the FreeBSD operating system. Author Joseph Kong’s goal is to make you smarter, not to teach you how to write exploits or launch attacks. You’ll learn how to maintain root access long after gaining access to a computer and how to hack FreeBSD.
Kongs liberal use of examples assumes no prior kernel-hacking experience but doesn’t water down the information. All code is thoroughly described and analyzed, and each chapter contains at least one real-world application.
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Q:
Top margin of an element (CSS)
I need to set a margin to the top of an element. The text must be within the element and have a top margin of N pixels.
Here is what I want to achieve:
Fiddle: http://jsfiddle.net/GRQNh/
CSS:
body {
height: 960px;
}
.breadcrumbs {
position: relative;
background-color: #eee;
height: 10%;
}
.name {
color: #000;
margin-top: 50px;
}
Thanks.
A:
DEMO or you may be try with padding-top instead margin-top as follows
.name {
display:block;
color: #000;
padding-top: 50px;
}
A:
Since .breadcrumbs has position: relative, set position: absolute; to .name.
JSFiddle
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I'm so convinced by your argument that I'm going right now to go pawn all of my possessions, take out as big of a loan as my bank will allow, and seek out some loan-sharks that will give me even more capital, so that I can buy up truck loads of bitcoin, ASAP.
I will then sell it all at about $1million USD and become one of the world's richest men, by 2019!!!
I love you, man. I really, really love you for what you do for me. Thanks for blessing me with your wisdom and grace. I am forever grateful to you and yours.
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Coffee-connoisseurs the world-over are unanimous (probably) in agreement that French Press coffee is the King of all brewed beverages; forget freeze-dried supermarket poison, the ground bean reigns supreme. Annoyingly though, for something so popular in all corners of the globe since the 15th Century, preparing a pot of delectable liquid energy is often a laborious drain on valuable time (your time is VERY valuable). Enter the Minibru Coffee Mug, the perfect partner to kick-start your day with ease.
With the Minibru you never have to experience the humiliation of not being able to find enough friends to partake in the ritual of drinking French Press coffee from one of those gigantic pots. The ingenious Minibru works just like a French Press pot but was made with just you, wonderful you, in mind. That’s because the Minibru brews a single, perfect serving of French Press coffee, right in the cup.
Making your delicious solo mug of java couldn’t be easier. Simply fill the Minibru to the lower fill line with ground coffee and pour hot water up to the upper fill line. Leave your caffeine creation to sit there and brew for 2-3 minutes, insert the included filter and gently push downward until your beverage is filtered to perfection. Cleaning is a doddle too, the Minibru Mug itself is made of glass so can go straight in the dishwasher whilst the filter and gasket will be ready for action again after a quick rinse.
The Minibru Coffee Mug is guaranteed to make your day more productive.*
More info
Please Note:
*Only true if you work harder than you did before owning the Minibru, which you probably will thanks to your lack of natural sleep and caffeine laden veins
Product Features:
Brew a single serving of French press coffee
To use - fill with ground coffee to the lower fill line, add hot water to the upper fill line, allow coffee to brew for 2-3 minutes, insert filter plunger and slowly press down to the bottom of the mug before finally sipping on the finest battery acid known to man
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namespace FSharpWpfMvvmTemplate.ViewModel
open System
open System.Windows
open System.Windows.Input
open System.ComponentModel
type RelayCommand (canExecute:(obj -> bool), action:(obj -> unit)) =
let event = new DelegateEvent<EventHandler>()
interface ICommand with
[<CLIEvent>]
member x.CanExecuteChanged = event.Publish
member x.CanExecute arg = canExecute(arg)
member x.Execute arg = action(arg)
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While most eye mobile for the bottom line, the Mormon church has higher goals
Almost everyone's pouring time and money into smartphones these days. Social networking giants mine them for ad revenue, retail stores use them to reach customers, and credit-card companies want to turn them into wallets. And then there's the Church of Jesus Christ of Latter-day Saints.
The 15 million-member church has a full-fledged mobile strategy and numerous apps, but all with a set of objectives and challenges that run counter to the big trends in the industry.
"Our measure of success isn't revenue," said Clint Bishop, senior mobile advisor for LDS, also commonly known as the Mormon church. That sets him apart at conferences like the Open Mobile Summit in San Francisco, where he sat in the front row on Monday morning for sessions on mobile sports, travel apps and carrier strategies.
Much of the talk at such events revolves around monetization, which isn't especially useful for an institution that aims a little higher than the Nasdaq for its reward.
"Our goal is bringing people closer to God," Bishop said. Success on that front is hard to measure, but some common industry metrics, such as how much time users are spending in an app, can be useful, he said.
LDS offers a range of apps to help members carry out their roles in the church, Bishop said. Several are for learning, and those are designed to keep users in the app as long as possible. Others are administrative tools to help so-called lay clergy, and they're designed so users can get in and out quickly and get on with their work.
Lay clergy are church members who have ordinary day jobs and do church work in their spare time. For example, many make regular visits to other church families for teaching and assistance, Bishop said. Each is assigned two or three families to visit, and the assignments change once or twice a year, so LDS provides mobile contact-management apps to help keep the process organized. If they have to give the families specialized help such as financial advice, they can refer to resources in other LDS apps, he said.
Another mobile challenge for LDS is reaching the faithful, who don't all live in places the industry considers good for business. About 60 percent of Mormons are outside the U.S., many of them in developing countries. The church wants to use mobile technology to serve those populations, but in some cases it must blaze its own trails.
For example, LDS is exploring how to make better use of mobile messaging in Africa. It could be a good tool for church leaders to keep in touch with members and for members to chat among themselves. But the technology choices vary among different places: In countries like South Africa where most people have smartphones, free applications like WhatsApp may be the best way to reach people, while in poorer places like Swaziland members may be limited to feature phones and often expensive SMS (Short Message Service), Bishop said.
It can be hard to get good information about mobile use in some places because no one's done the market research yet, he said. Companies may not consider the area lucrative, but LDS's mission can't wait for a region to become economically attractive. The church could fund its own custom research, but that might not be the best use of members' offerings, he said.
And those developing-world efforts are only part of a global mobile effort that has to serve a wide range of cultures and income levels, Bishop said. "We can't just do one thing to reach all people."
Channel Deals
Chromebox Commercial
ARN Distributor Directory
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Slideshows
Inside the new HP Customer Welcome Centre in Sydney…
HP unveiled its new Customer Welcome Centre (CWC) in Sydney this week, following on more than a year after the vendor opened the doors of its Experience Centre in Melbourne (MEC). The new space offers on-site HP technicians and visiting channel partners the ability to reconfigure equipment and put together tailored solutions based on the needs of individual end clients or target vertical markets. The centre can also be booked by customers and partners for meetings, events, workshops, seminars, and training. Photos by HP.
Zscaler Australia toasts the channel at Xmas drinks
Zscaler recently hosted its partner update and Christmas drinks event in Australia where more than 20 partners attended the event at the QT hotel in the Sydney. The event provided a forum for the company to update its Australian partners on the company's strategy for cloud security in the year ahead. It was also a great opportunity for the company to introduce Sean Kopelke as country manager for A/NZ. The event ended with Christmas drinks and a celebration of momentum gained in 2016.
IN PICTURES: Nutanix X Tours
Nutanix recently held two ‘X Tours’, which brought the company’s flagship event .NEXT to Brisbane and Melbourne. Customers and partners got a firsthand look at the new era of IT and exposure to the potential of the Nutanix Enterprise Cloud platform. Both events featured key speakers both from Nutanix and its partners.
iasset.com is a channel management ecosystem that automates all major aspects of the entire sales, marketing and service process, including data tracking, integrated learning, knowledge management and product lifecycle management.
Copyright 2016 IDG Communications. ABN 14 001 592 650. All rights reserved. Reproduction in whole or in part in any form or medium without express written permission of IDG Communications is prohibited.
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Recipes, Thoughts and Travel – Life in and Out of the Kitchen
Category Archives: mom
I first wrote this title as “Chicken Noodle Coup”, and almost kept the spelling error. This was one of the first things I ever learned how to “make”, and make is in quotes because it’s so delicious that it’s almost unfair how simple it is to throw together. It was my mom’s go-to recipe whenever my sister and I were sick growing up, and now it’s mine! This is everything you’d expect comfort food to be – healthy, simple, full of flavor, and it warms you so much that you can almost feel it fighting off your cold. I like a lot of noodles in mine, and I’ve found that egg noodles are the best, but if you add them directly to the soup as it’s cooking, they’ll continue to soak up the broth when the rest goes in the fridge. So, either cut back on the amount of noodles you add, or cook them separately and add to the soup as you reheat it.CHICKEN NOODLE SOUP (makes about 10 bowls)– 1 lb. chicken breasts or chicken tenders, cubed– 1 large vidalia onion, sliced into strips– 3 carrots, cut into 1/4 inch slices– 3 stalks celery, cut into 1/4 inch slices– 1 tbsp. butter– 6-8 cups mix of chicken & vegetable broth (48 – 64 ounces, depending on how much broth you like)– egg noodles – I usually use about half a bag, but adjust this to your preference, too.– 2 chicken bouillon cubes– 1 tbsp of fresh-chopped dill (optional)– Kosher salt and pepper to taste1. Melt 1 tbsp. butter over medium-high heat in a soup pot or – as always, a trusty Le Creuset Dutch Oven. Slice the carrots and celery, and add them to the pot when the butter is melted, stirring occasionally (don’t let them brown. A little kosher salt added to the veggies will help them “sweat” instead of brown).
2. When veggies have sweated a little, add the broth and the onions. Sweating the carrots and celery before adding the rest of the ingredients gives them a little head start, since they’re firmer than anything else that will be added to the soup.
3. Raise temperature to high and get the soup to boil, then cover and lower to a simmer. Simmer soup for approx. 20 minutes to allow the flavors to mingle, then add the bouillon cubes. Stir well to break up the cubes and allow the flavors to release. Add the dill, stir to combine.
4. Raise soup to medium heat again, and add the chopped chicken. You’re basically poaching the chicken in the soup broth, so it will cook pretty quickly, approx. 6 minutes. Reduce heat to a simmer again.
5. Add the noodles to the broth, stir, and allow to cook.
6. Season to taste, help yourself to a bowl, and feel better.
Soup the next day – you can see how the noodles really soak up the broth!
I love soup. It’s hearty, healthy, and comforting. With the Farmers’ Markets packed with produce, this is a great way to use up some veggies and kind of ease your way into fall. My mom’s minestrone is at the top of my list of favorite things. It’s delicious the day of, for days afterwards, and even pureed. We’ve always added some thinly sliced provolone cheese to the soup to give it a little more richness, but that’s up to you. This minestrone just makes me feel better every time I have it.
MINESTRONE SOUP (makes an enormous pot of soup which you can freeze – if there’s any left after a couple of days)
– 1 cabbage, sliced into long strips. I usually take out the “ribs” of the cabbage and just use the majority of the leaves.
– 4 stalks celery, cut
– 1 large vidalia onion, sliced into long strips
– 2 32 oz. containers of chicken stock (or vegetable, if you want to make this completely vegetarian)
– 2 cans chick peas, rinsed and drained
– 1 large can plum tomatoes, roughly cut (don’t get diced tomatoes – the plum ones work so much better)
– 1 16. oz can chopped spinach leaves
– 3 tablespoons butter
1. In a large stockpot, melt 3 tablespoons butter over medium high heat.
2. Get your veggies ready, and then add them to the pot with the melted butter. Cook down until wilted.
3. When the veggies are soft, add the chicken or veggie stock, and stir.
4. Add tomatoes and juice from the can, spinach, and chick peas. Stir, cover, and turn heat down to low. Simmer for 1 hour or up to 4. Add kosher salt/pepper to taste, but be careful not to overseason – the flavors will continue to come together overnight.
5. When soup has simmered enough (I usually can’t wait the 4 hours), pour yourself a bowl, shred some provolone cheese into it, and dig in. This is good today, but it will be great tomorrow.
I generally think Valentine’s Day is totally overdone, but I’ve had two that were really terrific. One was when I was a little girl, and it was just me and my mom at the house – I’m not sure where my dad and Colly were. There was a huge snowstorm, and my mom and I bundled up and walked over to Januzzi’s, because I’d heard on the radio that they were making heart shaped pizzas for Valentine’s Day. We got our pizza and our rose and I had a nice snowy Valentine’s Day with my mom. So this year, I was telling her that story about a week before Valentine’s Day, and she tracked down a heart shaped pizza for me. Sweetest. Mom. Ever.
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Alexander Hamilton Preparatory Academy
Alexander Hamilton Preparatory Academy (abbreviated as AHPA) is a four-year comprehensive public high school located in Elizabeth, in Union County, New Jersey, operating as part of Elizabeth Public Schools. The academy accepts students in ninth through twelfth grades in Elizabeth who have passed the requirements for enrollment. The academy is operated by the Elizabeth Board of Education. The school has been accredited by the Middle States Association of Colleges and Schools Commission on Secondary Schools since 2013. The curriculum prepares its students for four-year colleges and universities.
As of the 2017-18 school year, the school had an enrollment of 1,001 students and 62.5 classroom teachers (on an FTE basis), for a student–teacher ratio of 16.0:1. There were 700 students (70.0% of enrollment) eligible for free lunch and 125 (12.5% of students) eligible for reduced-cost lunch.
Awards, recognition and rankings
The school was the 46th-ranked public high school in New Jersey out of 328 schools statewide according to U.S. News & World Report.
The school was the 204th-ranked public high school in New Jersey out of 339 schools statewide in New Jersey Monthly magazine's September 2014 cover story on the state's "Top Public High Schools", using a new ranking methodology. The school was the 303rd-ranked public high school in New Jersey out of 328 schools statewide in New Jersey Monthly magazine's September 2012 cover story on the state's "Top Public High Schools", the first time that the school was included in the magazine's rankings.
History
Alexander Hamilton Preparatory Academy was originally known as Alexander Hamilton Middle School, which had been constructed in 1924 to replace the Cherry Street School after it was demolished. The middle school became a high school during the summer of 2008. The school was named after Alexander Hamilton, a one-time Elizabeth resident who served as the first Secretary of the Treasury and a Revolutionary War Leader who once resided and attended a school in Elizabeth back when the city was known as Elizabethtown.
Curriculum
Alexander Hamilton Preparatory Academy selects students with a grade point average of 2.0 or higher, who demonstrate academic potential and are committed to preparing for post-secondary education. Students will comply with a rigorous academic course sequence which includes: four years of English, four years of Mathematics, four years of Science, four years of Social Studies, three years of World Language, and one year of World Literature. eleventh and twelfth graders pursue a concentration in leadership studies.
Academic and elective courses
Alexander Hamilton Preparatory Academy offers major courses for students such as English I, II, II, Geometry, Algebra II, Pre-Calculus, Probability and Statistics, Trigonometry and plenty of Science classes such as Biology, Chemistry, Physics and Forensic Science. As a new independent high school, the academy is beginning to offer a few Advanced Placement Programs (AP) classes for students who wish take them for Course credit also known as college credits. Elective classes are also offered such as the fine arts, music, and business.
Advanced Placement courses offered include AP English Literature, AP Spanish Literature, AP French Literature, AP United States History, AP Chemistry and AP Biology. A new Advanced Placement class that was added for the 2010-2011 school year is AP Art History which will involve students in the aspects of art and origins of paintings and sculptures. There are four foreign language courses available for students to take as an elective. Portuguese I, II, & III, Spanish I, II & III, French I, II & III and Italian I, II & III. All students must have taken three years of a world language to obtain their credits.
Electives available for students to choose are Dance I, II & III, Chorus, Marching Band I, II, III (Marching Band is offered as a twelfth period course which is during after school hours), Journalism, Drama I & II, Criminal Justice I & II, Public Speaking & Debate I & II, Sociology, Women's Studies, Black Studies, Economics, Computer Science and Drawing and Painting I & II. There are more electives offered at Alexander Hamilton Preparatory Academy, as well as the Advancement Via Individual Determination (AVID) class which is a required course for every student.
Regulations
Students enrolled in the AHPA are expected to comply with all rules, regulations and policies of the Academy and the district. Students will be required to wear school uniforms, perform community service, and take ownership in the AVID program. The combination of rigorous and relevant courses, a variety of elective subjects, and the philosophy of the AVID program give students the opportunity to excel in high school and beyond.
In order for a student to qualify for graduation, they must complete 160 credits and perform 60 hours of community service by their senior year, 25 of which must be completed during senior year.
AVID
The Alexander Hamilton Preparatory Academy integrates a rigorous curriculum with the philosophies of the Advancement Via Individual Determination (AVID) program. AVID is a research-based instructional model that encourages students to prepare for and participate in a challenging college preparatory curriculum. In addition to enrolling in honors and AP level courses, students will receive academic support through a specially designed AVID elective, taught by AVID-trained instructors.
Clubs and organizations
Student Government Association
The Green Team
Yearbook Committee
Journalism Club
After school Chorus
Key Club
Game Club
Nature Club
The National Honor Society
Afterschool Tutoring
Shakesperience club
Athletics
The Alexander Hamilton Preparatory Academy does not have its own athletic teams. Instead the students participate in sports that represent the whole city of Elizabeth not just one academy. Students from all the Elizabeth Academies including Elizabeth High School are all on one sports team competing against other schools outside the city.
References
External links
AHPA Website
Directions to AHPA
AHPA Information Video
The AVID Website
Category:2008 establishments in New Jersey
Category:Education in Elizabeth, New Jersey
Category:Educational institutions established in 2008
Category:Middle States Commission on Secondary Schools
Category:Public high schools in Union County, New Jersey
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Hey friends! I am here with my buddy, Luna. Luna is our Siberian Husky
and she and I will often get up early in
the morning and go and take a walk.
And it’s the time of year when, when we
get up it’s still dark
to go for a walk. But after our 40-45
minutes of walking, we get back and the
sun has risen and that’s kind of a neat
thing
to take a walk while the sun is rising,
before the day comes rushing at you. And,
um, and as you know days can kind of come rushing at you. There’s enough stuff that
you know about each day, and then there’s a whole lot of surprises that
can really bombard you, and surprise
you, and overwhelm you from day to day.
I um, I bring that up talking about a
sunrise as we’re having an evening
devotion because in the book of Numbers, chapter 3,
there was a group of Levites that got
commanded to set up their camps on the
east side of the tabernacle where the
sun would rise.
And it, and it says that as he told Moses
and Aaron and their families where to
live, he said I want you to live on the
east side where the sun would rise.
And if they were living on the east side
of the tabernacle where the sun would
rise, you know what that meant. They would be the first ones to see
the sunrise each day. Which means they
would probably be the first ones
to wake up that day. They didn’t have
alarm clocks. They woke up by the sun
typically, which meant that their eyes were open before anybody
else’s, and they were better prepared to
face the day
because they had a better idea of what
was coming than anybody else who was in
the camp with them. And I bet that made the rest of the
campers feel safe; that there was
somebody who was
going to know what was coming, at least
better than they did, and
maybe be in a position to do something
about it.
And there’s, um, you know, there’s
something important about the Israelites,
the whole context of the book of Numbers
that we need to keep in mind.
There were about 2 million Israelites as
far as we can tell. And maybe in the world there were up to
maybe 10 million other people in the
world. And do you know what the
Israelites knew about the lives of those
other 10 million people?
Nothing.
There was no worldwide news. There were
no TV cameras, there were no social media feeds that they could follow what was
going on on the opposite side of the
world. They knew nothing about what was
going on in those lives.
They only knew what was going on in
their own lives and that was enough
to really overwhelm them from time to
time. And what’s going on in your life, I
bet,
that’s enough to overwhelm you from time to time.
But then, of course, you get the news from across the country,
in other cities, other families, in other
countries,
in other places in the world where
horrible things are happening.
And it’s not that we’re unconcerned
about those things, we are. They hit our
hearts so powerfully, but it can be really,
really overwhelming.
And God knows that.
And so he chooses
somebody to wake up every day
before you do, no matter what time you
get up. He chooses somebody to stay awake longer than you do every night, no matter
what time you go to bed. And the person he chooses for that is himself.
Himself.
In Psalm 121
it says that God never slumbers, he never
sleeps, he never closes his eyes, he never
takes a nap as he watches over
you.
As he watches over you.
His love for you is constant. His
protection over your life is consistent,
and he will never lead you astray.
And so maybe
as you begin each day and as you end
each day,
instead of listening to all the
different news of all the different
things that are happening out there
maybe just,
open up the Word or, or listen to
something like you’re doing right now
that reminds you
that God’s guidance is always the best
one to lead us through each day.
That God’s voice is always the best one to hear.
It’s okay to shut off those other things
from time to time. It’s okay to turn off the news, and to
not check the social media feed,
and to not check email, and to just rest
in the assurance that your God always
has his eyes on you.
Rest well tonight, my friends.
Your God is
watching you.
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‘It’s (still) the spending, stupid!’
By William Perugino
It seems that the more I delve into the facts surrounding the process of the acquisition of the Norfolk Southern Railroad Right of Way and its conversion to trails, the more clear it becomes that the entire endeavor is much more costly and complex than previously portrayed.
There has been no evidence identified that will confirm that the Federal Transportation Grant issued to Newton County for the purchase of the right of way can be reassigned to the city of Covington. Quite the contrary, documents relating to the grant stipulate that the funds must be reprogrammed by Congress to another entity if not used by the county.
The grant was issued under Public Law No. 111-8 by the U.S. Congress to Newton County to help fund the purchase of the railroad right of way described and cannot be used for any other purpose. These funds have been assigned by law to Newton County.
The County Board of Commissioners has formally voted not to proceed with the purchase of the railroad right of way or further entertain such a motion. Furthermore, the Board of Commissioners has made no request for the grant to be reassigned.
If the county were to request that another entity assume responsibility, it would require that a motion of the Board of Commissioners be passed to submit a formal request through our representative to the House Appropriations Committee to reprogram the funds.
This has not happened. The process to reprogram the funds can take up to a year.
During the work session conducted by the city council to discuss the purchase of the railroad right of way on December 9, at City Hall the Mayor, Kim Carter, read aloud from a document that portrayed the federal grant as having been reassigned to the city.
The facts surrounding the purchase of the right of way continue to point to ever increasing out-of-pocket cost to the city. The funds from the grant are reimbursable for the cost expended. Should the grant funds be secured by the city, the expenses to satisfy all requirements must be paid before recovery of those costs.
There are certain requirements of the grant through the Georgia Department of Transportation that must be satisfied before the right of way is secured.
The city must engage a prequalified consultant to prepare all documents required for submittal. This would include a concept report, environmental studies, right of way survey plans and a detailed cost estimate. These are not cheap services and the cost must be spent before submittal for approval by GDOT. All this happens before the right of way is obtained and the conversion to trails begins.
This is money we do not have and yes; "It's Still the Spending, Stupid!"
If somehow this boondoggle of a program got started, it would be an endless money drain.
William Perugino is active in local and regional politics and can be reached at [email protected].
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Apertures in bodywork are strictly controlled by the regulations in order to limit any aerodynamic advantages that may have been gleaned in the past.
One of the areas that leaves scope for cooling apertures around the main body of the car is alongside the cockpit. As such, teams use a plethora of design ideas to improve how the heat is rejected and the aerodynamic impact it has.
Each team has various solutions that it will use throughout the season based on the demands of the power unit at the given circuit.
Clearly, lower speed events like Monaco and Hungary demand much more cooling to keep air passing through the car to maintain power unit efficiency.
At high-speed circuits, like Monza, the teams will open up bodywork as little as possible to negate drag caused by the turbulence of the air flowing around and through the car.
This small window in the regulations affords a smorgasbord of differing solutions from the teams, highlighting how each of them have their own design philosophies.
We can't show you every solution used by every team but the following gallery gives a good indication as to just how different each team is.
Mercedes
Mercedes W07 top exits, Hungarian GP Photo by: Giorgio Piola
Mercedes has numerous solutions to keep the W07 cool depending on the circuit at hand but in the image above we can see its maximum cooling solution, which features eight louvres to direct the airflow. In this high demand configuration, used in Hungary, the shape and height of the deck has also been altered to accommodate the redistribution of the hot air exiting the sidepod.
Red Bull
Red Bull Racing RB12 detail Photo by: Giorgio Piola
The RB12 features only a handful of bodywork panels around its midriff with the team utilising a one piece engine cover. However, its cockpit cooling solution is one of the panels that can be changed at the behest of the prevailing demand.
The solution used by Red Bull features a panel that forms part of the headrest protection with almost chevron-like shaped apertures used to shape the rejected heat, as it looks to proportionally improve performance as it meets with the airflow moving over the sidepod and engine covers surface.
Ferrari
Ferrari SF16-H detail Photo by: Giorgio Piola
Ferrari utilises a removable panel on the upper surface of the sidepod that transitions with the vertical cockpit protection. However, whilst most of the teams shape the louvres to create a curvature, Ferrari's louvres maintain a flat finish.
Williams
Williams FW38 side vents, Monaco GP Photo by: Giorgio Piola
Williams has a fairly conventional layout when it comes to its louvred outlet, with the number of fins dictated by the circuit layout and powerunit demands. However, for maximum cooling the team employs a pair of slots which extrude up the side of the headrest section, allowing more heat to escape whilst changing how it impacts on the aerodynamic surfaces.
Force India
Sergio Perez, Sahara Force India F1 VJM09 Photo by: Giorgio Piola
Rather than using a louvred panel, Force India continues to utilise a chimney-style arrangement, something we've seen teams do for many years in this area of the car. Like the other solutions, the size and frequency of the chimneys is determined by the demands of the given circuit.
Toro Rosso
Scuderia Toro Rosso STR11 detail Photo by: Giorgio Piola
The Italian outfit uses a stylised louvre outlet that is shaped to encourage the direction of the airflow as it leaves the aperture and improve flow over the sidepod.
McLaren
McLaren MP4-31 detail Photo by: Giorgio Piola
McLaren's louvre panel sits on the transition between the sidepod's upper surface and the vertical cockpit protection, leaving rise to a curved set of louvres that increase in size as they move along the car.
Haas
Haas F1 Team VF-16 detail Photo by: Giorgio Piola The VF16's internal sidepod layout is very similar to Ferrari's with the radiators, oil and intercoolers stacked in a V-shape within. The number of coolers within the sidepod clearly demands a certain level of cooling at every circuit and as such the Ferrari-powered team has a significant number of openings alongside the cockpit.
The chevron-shaped louvres start off flat but twist upwards to take advantage of the space granted to the vertical cockpit protection.
Renault
Jolyon Palmer, Renault Sport F1 Team RS16 Photo by: XPB Images
The RS16 is one of the odd balls in this rogues gallery, as the team does not use cooling apertures in the area around the cockpit. However, we must remember that the car was conceived on a relatively low budget, with the design team unsure if it would be a Mercedes or Renault power unit being used too.
The sidepod and engine covers have been designed in such a way that apertures could be used if necessary but even at the likes of Monaco and Hungary it has done without thus far.
Manor Racing
Manor Racing MRT05 detail Photo by: Giorgio Piola
The MRT05 is the other oddball here as it doesn't feature the cooling apertures beside the driver. However, it does feature a novelty in this area, as the vertical cockpit protection, which is 20mm taller for 2016, has been shaped at the trailing edge to form a fin.
This allows the team to meet the dimensional constraints from a side view but remove the internal bulk, hopefully improving the aerodynamic footprint of that region, which has many conflicting aero structures due to the surface geometries all meeting.
Sauber
Marcus Ericsson, Sauber C35 cockpit louvres detail Photo by: Giorgio Piola
The Swiss outfit's 2016 machine is outwardly very similar to the 2015 car as it has been held back by budgetary issues. One such carry over is the layout of the cockpit cooling louvres, which come as two panels that can be interchanged for blanks depending on the cooling criteria.
In Sauber's case, the smaller and most forward of these panels starts just behind the sidepod's leading edge, much further forward than most of the other teams.
Behind this is a much larger panel that mirrors the transition curvature of the sidepod and cockpit protection and features the most apertures on the grid.
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Menstrual Characteristics and Related Problems in 9- to 18-Year-Old Turkish School Girls.
To determine the cross-sectional characteristics of menstruating girls, dysmenorrhea, and the frequencies of related problems. Descriptive, cross-sectional study. Randomly selected primary, junior, and high schools in the city center of Kayseri. Two thousand female adolescents of ages between 9 and 18 years. We used a questionnaire addressing the epidemiological characteristics of menstruation, such as age at menarche, duration of menstrual intervals, average days of bleeding, and any menstrual problems and their frequencies. This study consists of a sufficient number of participants from all age groups. Of the participant (n = 2000) girls, 63.7% (n = 1274) had started menstruating. The mean age at menarche was 12.74 (±1.03) years. With a prevalence of 84.8% (n = 1080), dysmenorrhea was the most prevalent menstrual problem and the average pain score was 5.87 (±2.45). Of the menstruating girls, 34% (n = 439) used painkillers, the most commonly used was acetaminophen; during their period the prevalence of nonmedical methods to relieve pain was 35.2%; the rate of seeking medical help for dysmenorrhea was 9.3% (n = 119). In menstruating participants, 90.8% discussed their menstrual problems with their mothers. The rate of school absenteeism in menstruating girls was 15.9% in general and 18% in those with dysmenorrhea. Problems related to menstruation are common in adolescents and these problems affect their social life. In adolescent girls, the most common menstrual problem is dysmenorrhea and it affects school performance and attendance. Girls with menstrual problems showed a low rate of seeking medical help.
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minipile
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NaturalLanguage
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mit
| null |
Case: 17-11113 Document: 00514701356 Page: 1 Date Filed: 10/29/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-11113 FILED
October 29, 2018
Lyle W. Cayce
In the Matter of: PROVIDER MEDS, L.L.C., Clerk
Debtor
RPD HOLDINGS, L.L.C.,
Appellant
v.
TECH PHARMACY SERVICES, doing business as Advanced Pharmacy
Services,
Appellee
Appeal from the United States District Court
for the Northern District of Texas
Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges.
PATRICK E. HIGGINBOTHAM, Circuit Judge:
RPD Holdings, L.L.C. claims that it purchased a patent license from
multiple debtors in bankruptcy sales of their estates. Tech Pharmacy Services
argues that RPD does not have rights under the license to Tech Pharm’s
patented invention. Concluding that the patent license was a rejected
executory contract and could not have been transferred by the bankruptcy
sales in question, we agree with Tech Pharm and affirm the decision of the
district court.
Case: 17-11113 Document: 00514701356 Page: 2 Date Filed: 10/29/2018
No. 17-11113
I
This appeal emerges from a series of bankruptcy cases involving
“OnSite.” The entities involved in operating OnSite, the “OnSite parties,”
placed dispensing machines with long-term care facilities, then used
proprietary OnSite software to remotely dispense pharmaceuticals from the
machines to nurses in the facilities. They had a joint corporate parent,
OnSiteRx, but functioned as independent business entities 1—and, when the
time came to file for bankruptcy, filed separate bankruptcy cases.
A
The story begins before the OnSite parties filed for bankruptcy. Tech
Pharm holds a patent on a system, software, and related methods of remote
pharmaceutical dispensing. 2 In 2010, it sued multiple defendants in the
Eastern District of Texas—including several OnSite parties—for infringing
this patent by using their own remote pharmaceutical dispensing machines. 3
The OnSite parties counterclaimed challenging Tech Pharm’s patent. The
parties agreed to settle the litigation, entering into a “Compromise,
Settlement, Release, and License Agreement” (the “License Agreement”),
granting a “non-exclusive perpetual license” to all but one of the OnSite parties
for “so long as the Patent or Patents are valid and enforceable.” The OnSite
parties agreed to pay a one-time licensing fee of $4,000 for each OnSite
machine placed into operation after the execution of the agreement, and to
provide quarterly reports reflecting all new machines placed in service. All
parties also agreed to release any and all claims they “may have or claim to
have . . . which relate to or could have been claimed in the Litigation, or that
1 See CERx Pharm. Partners, LP v. RPD Holdings, LLC, No. 13-30678-BJH, 2014 WL
4162870, at *3 (Bankr. N.D. Tex. Aug. 20, 2014).
2 U.S. Patent No. 7,698,019 (filed Sept. 20, 2004).
3 Tech Pharm included other, non-OnSite defendants in the same suit, but their
involvement is not relevant to this case.
2
Case: 17-11113 Document: 00514701356 Page: 3 Date Filed: 10/29/2018
No. 17-11113
relate to the [Patents] or any alleged infringement [or invalidity] of same,
except for the obligations specifically called for under this Agreement.”
Following the settlement agreement, the district judge in the Eastern District
of Texas dismissed all claims with prejudice.
B
Beginning in 2012 and continuing into 2013, the six OnSite parties
relevant to this appeal filed separate Chapter 11 bankruptcy cases in the
Northern District of Texas. 4 Each case was later converted to Chapter 7. Five
of the six OnSite debtors were also parties to the Tech Pharm License
Agreement. Despite the bankruptcy requirement that they schedule all assets
and creditors, however, none of the debtors listed the License Agreement or
Tech Pharm on their schedules.
RPD had a security interest in the OnSite debtors’ collateral. It agreed
to purchase its collateral from three of the bankruptcy estates—ProvideRx of
Grapevine, LLC (“Grapevine”), ProvideRx of Waco, LLC (“Waco”), and W. Pa.
OnSiteRx, LLC (“Western Pennsylvania”)—instead of litigating its liens. RPD
and each estate laid out the terms of each sale in a separate asset purchase
agreement, the APA, and each sale was approved by the bankruptcy court in a
separate sale order. No APA explicitly referenced the License; instead, each
APA covered certain categories of subject property. In turn, the sale orders
approved the sale of the subject property in each APA—providing that to the
extent that any of the subject property was an executory contract, it was
“hereby ASSUMED by the Estate and immediately ASSIGNED to RPD under
the applicable provisions of section 365 of the Bankruptcy Code.” The parties
have stipulated that RPD was not aware of the License until after all three
sale motions and APAs were filed with the bankruptcy court, but that it
4 There were ten related OnSite debtors in total.
3
Case: 17-11113 Document: 00514701356 Page: 4 Date Filed: 10/29/2018
No. 17-11113
became aware of the License before the bankruptcy court entered the last of
the sale orders, the Waco sale order.
Shortly after the bankruptcy court approved the last of these sales, the
trustees from the other estates—Provider Meds, LP (“Provider Meds”),
OnSiteRx, Inc. (“OnSite”), and ProvideRx of San Antonio, LLC (“San
Antonio”)—entered into a settlement agreement, the “global agreement,” with
RPD and CERx, a competing secured party. The global agreement provided for
RPD and CERx to severally own the OnSite source code, and divided other
assets between them. RPD avers that because it was aware of the License at
this point, it believed that it had purchased the License under the terms of the
Grapevine, Western Pennsylvania, and Waco APAs and sale orders. As a
result, the global agreement provided that the Provider Meds and San Antonio
trustees would transfer their Tech Pharm licenses to CERx, but that “RPD is
entitled to all remaining available Tech Pharm licenses (such as those
otherwise acquired from ProvideRx of Grapevine, LLC; W Pa OnsiteRx, LLC;
and ProvideRx of Waco, LLC).”
C
Almost a year after the bankruptcy court approved the global agreement,
Tech Pharm filed a petition in Texas state court against several defendants,
including the Waco and San Antonio debtors, alleging that the defendants had
failed to comply with their obligations under the License Agreement to provide
quarterly reports and pay licensing fees for new machines. RPD intervened
and removed the proceeding to the bankruptcy court, arguing that one or more
of the debtor estates had assigned or otherwise transferred the License to RPD.
The bankruptcy court held that RPD did not have rights under the
License Agreement for either of two reasons: RPD had not purchased the
License under any of the OnSite sales and, regardless of the terms of the sales,
the License Agreement was an executory contract that was rejected by
4
Case: 17-11113 Document: 00514701356 Page: 5 Date Filed: 10/29/2018
No. 17-11113
operation of law prior to any alleged transfer. 5 It also determined that RPD
had not gained rights under the License Agreement by purchasing OnSite
machines from the debtors. 6 RPD appealed to the district court, which
concluded that the License was a rejected executory contract and affirmed. 7
RPD now appeals the decision of the district court affirming the
bankruptcy court. It claims that its rights under the License Agreement were
established by final and non-appealed bankruptcy court orders, so any
determination to the contrary would constitute an impermissible collateral
attack. It also argues that the bankruptcy and district courts erred on the
merits in determining RPD has no rights under the License Agreement.
D
In reviewing a decision of the district court affirming the bankruptcy
court, we apply “the same standard of review to the bankruptcy court that the
district court applied,” reviewing findings of law de novo and findings of fact
for clear error. 8 We conclude that the License Agreement was an executory
contract that was deemed rejected by operation of law prior to the bankruptcy
sales where RPD allegedly purchased the License. Because the License was
not part of the bankruptcy estates at the time of the relevant sales, the
bankruptcy court’s final orders did not effect a transfer of the License from the
OnSite debtors to RPD.
II
Section 365 of Title 11 of the United States Code addresses the ability of
bankruptcy trustees to assume or reject executory contracts and unexpired
5 See Tech Pharm. Servs., Inc. v. RPD Holdings, LLC (In re Provider Meds, LLC), No.
13-30678, 2017 WL 213814, at *10–11, 12–18 (Bankr. N.D. Tex. Jan. 18, 2017).
6 See id. at *11–12 ¶¶5–11.
7 Tech Pharm. Servs., Inc. v. RPD Holdings, LLC (In re Provider Meds, LLC), No. 3:17-
CV-0441-D, 2017 WL 3764630 (N.D. Tex. Aug. 31, 2017).
8 Galaz v. Katona (In re Galaz), 841 F.3d 316, 321 (5th Cir. 2016).
5
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No. 17-11113
leases. This provides a way for “a trustee to relieve the bankruptcy estate of
burdensome agreements which have not been completely performed.” 9 Once a
trustee assumes an executory contract, a trustee may generally also assign the
contract, even where legal or contractual provisions would otherwise prohibit
assignment. 10 An executory contract must be assumed or rejected in its
entirety, 11 and rejection may be treated as a breach of contract. 12
Under most bankruptcy chapters, the trustee may assume or reject an
executory contract at any point before the plan is confirmed, 13 but the rule is
different for Chapter 7 cases. Section 365(d)(1) provides that in Chapter 7
cases,
if the trustee does not assume or reject an executory
contract or unexpired lease of residential real property
or of personal property of the debtor within 60 days
after the order for relief, or within such additional time
as the court, for cause, within such 60-day period,
fixes, then such contract or lease is deemed rejected. 14
Here, if the License Agreement was an executory contract, the sixty-day
time period started when the cases were converted to Chapter 7 and would
have expired before the first of the bankruptcy sales. 15 The trustees did not
assume the License Agreement within the required period. RPD contends that
the bankruptcy and district courts erred in concluding that the License
Phoenix Exploration, Inc. v. Yaquinto (In re Murexco Petroleum, Inc.), 15 F.3d 60, 62
9
(5th Cir. 1994) (per curiam).
10 See 11 U.S.C. § 365(f)(1).
11 See Stewart Title Guar. Co. v. Old Republic Nat’l Title Ins. Co., 83 F.3d 735, 741
(5th Cir. 1996) (per curiam).
12 11 U.S.C. § 365(g).
13 See id. § 365(d)(2); Stumpf v. McGee (In re O’Connor), 258 F.3d 392, 400 (5th Cir.
2001).
14 11 U.S.C. § 365(d)(1).
15 As the bankruptcy court explained, the latest any of the trustees had to assume the
License Agreement was November 3, 2013, but the earliest sale motion was filed on
November 22, 2013. See In re Provider Meds, 2017 WL 213814, at *6 ¶ 49.
6
Case: 17-11113 Document: 00514701356 Page: 7 Date Filed: 10/29/2018
No. 17-11113
Agreement was an executory contract. It further argues that even if the
License Agreement is an executory contract, section 365(d)(1)’s time limit
should not apply where the debtors failed to schedule the License and the
trustees therefore were unaware of its existence. We disagree.
A
Our first inquiry is whether the License Agreement was an executory
contract. The Bankruptcy Code does not define the term “executory contract,” 16
but we have concluded that a contract is executory if “performance remains
due to some extent on both sides” and if “at the time of the bankruptcy filing,
the failure of either party to complete performance would constitute a material
breach of the contract, thereby excusing the performance of the other party.” 17
We must therefore determine whether both sides—Tech Pharm and each of the
OnSite parties—owed additional performance under the License Agreement,
and whether any party’s failure to perform would constitute a material breach
excusing the other side’s performance.
The bankruptcy court held, and the district court affirmed, that Tech
Pharm had an ongoing obligation under the License Agreement to refrain from
suing its counterparties for patent infringement for machines placed into
service after execution of the Agreement. 18 It further concluded that the OnSite
16 See In re Murexco Petroleum, 15 F.3d at 62.
17 Id. at 62–63; accord Ocean Marine Servs. P’ship No. 1 v. Digicon, Inc. (In re Digicon,
Inc.), No. 03-20121, 2003 WL 21418127, at *5 (5th Cir. 2003) (per curiam) (approving of
district court language adopting this definition). This follows the “Countryman” definition of
an executory contract, which is widely—though not universally—adopted by our fellow
circuits.
18 See In re Provider Meds, 2017 WL 3764630, at *2 (district court opinion); In re
Provider Meds, 2017 WL 213814, at *14–15 ¶¶ 22–26 (bankruptcy court opinion).
As we discuss, Tech Pharm dismissed its claims against the OnSite debtors with
prejudice in the 2010 lawsuit, so it was already precluded from suing for patent infringement
concerning machines in existence at the time of that lawsuit. The License Agreement
separately provided that Tech Pharm would release the OnSite parties from claims “that
relate to the [Patents] or any alleged infringement of same, except for the obligations
specifically called for under this Agreement.” We agree with the bankruptcy and district
7
Case: 17-11113 Document: 00514701356 Page: 8 Date Filed: 10/29/2018
No. 17-11113
licensees had ongoing material obligations because they were required to
provide quarterly reports as to new machines, pay a one-time licensing fee of
$4,000 to Tech Pharm for each new machine, and refrain from making public
statements about the settled lawsuit. 19
1
RPD does not dispute that these reciprocal requirements would typically
be enough to render the License Agreement executory, but argues instead that
unique features of the License Agreement make it non-executory. RPD’s
principal contention is that because the License Agreement came hand in hand
with a settlement agreement to dismiss Tech Pharm’s patent infringement suit
against the OnSite debtors with prejudice, Tech Pharm’s sole executory
obligation under the License Agreement—to refrain from suing the OnSite
debtors for patent infringement involving future machines—was illusory.
Claim preclusion “bars the litigation of claims that either have been
litigated or should have been raised in an earlier suit.” 20 Our analysis is most
closely governed by principles of claim preclusion as they apply to patent
infringement suits. 21 The Federal Circuit has held that claim preclusion does
courts that this contemplated an ongoing obligation not to sue the OnSite debtors for future
patent infringement, even when such claims could not have been brought in the initial
litigation. In other words, if Tech Pharm sued the OnSite parties for patent infringement
even though they complied with the terms of the License Agreement, it would breach the
contract.
19 In re Provider Meds, 2017 WL 213814, at *16 ¶ 27.
20 Duffie v. United States, 600 F.3d 362, 372 (5th Cir. 2010). “The test for claim
preclusion has four elements: (1) the parties in the subsequent action are identical to, or in
privity with, the parties in the prior action; (2) the judgment in the prior case was rendered
by a court of competent jurisdiction; (3) there has been a final judgment on the merits; and
(4) the same claim or cause of action is involved in both suits.” Id.
21 Because Federal Circuit law would govern any potential future patent infringement
suit Tech Pharm could bring against the OnSite parties, we look to the Federal Circuit to see
if principles of claim preclusion would bar a particular cause of action in a patent case. The
Federal Circuit applies its own law on issues of claim preclusion specific to patent law. See
Mentor Graphics Corp. v. EVE-USA, Inc., 851 F.3d 1275, 1298 (Fed. Cir. 2017); see also
SimpleAir, Inc. v. Google LLC, 884 F.3d 1160, 1165–66 (Fed. Cir. 2018) (applying general
8
Case: 17-11113 Document: 00514701356 Page: 9 Date Filed: 10/29/2018
No. 17-11113
not bar patent infringement allegations “with respect to accused products that
were not in existence at the time of the [previous actions,] for the simple reason
that [claim preclusion] requires that in order for a particular claim to be
barred, it is necessary that the claim either was asserted, or could have been
asserted, in the prior action.” 22 As a result, claim preclusion solely
encompasses “the particular infringing acts or products that are accused in the
first action or could have been made subject to that action.” 23 This is consistent
with the Supreme Court’s decision in Lawlor v. National Screen Service Corp.,
an antitrust case holding that even where two suits involved “essentially the
same course of wrongful conduct,” the later suit was not barred by claim
preclusion because the prior judgment “[could] not be given the effect of
extinguishing claims which did not even then exist and which could not
possibly have been sued upon in the previous case.” 24
RPD argues that these general principles apply differently to method
patent claims than to other claims for patent infringement. It contends that
under a method patent, the determinative question is whether a particular
process infringed on the method 25—so once a claim for method patent
infringement is dismissed with prejudice, any future challenge to the use of the
same process is barred by claim preclusion. Under RPD’s view, once Tech
Pharm dismissed with prejudice its claim that the OnSite parties’ process
infringed its method patent, it could never again sue the OnSite parties for
Fifth Circuit principles of claim preclusion, but Federal Circuit law on whether “a particular
cause of action in a patent case is the same as or different from another cause of action”).
22 Aspex Eyewear, Inc. v. Marchon Eyewear, Inc., 672 F.3d 1335, 1342 (Fed. Cir. 2012).
23 Id. at 1343.
24 349 U.S. 322, 327–28 (1955); see also Aspex Eyewear, 672 F.3d at 1342–43 (citing
Lawlor).
25 See Joy Techs., Inc. v. Flakt Inc., 6 F.3d 770, 773 (Fed. Cir. 1993).
9
Case: 17-11113 Document: 00514701356 Page: 10 Date Filed: 10/29/2018
No. 17-11113
using that same process, even if the OnSite parties used the process after the
termination of the lawsuit to place new machines into operation.
We disagree, finding recent Federal Circuit case law conclusive on this
point. Mentor Graphics Corp. v. EVE-USA, Inc. is particularly instructive. 26
There, the relevant parties had previously litigated two method and logic
system patents, 27 but—as in this case—the patentholder dismissed its
infringement claims with prejudice and granted a license to the asserted
patents. 28 When another company acquired the licensee, the license
automatically terminated. 29 The acquiring company then sued the
patentholder for a declaratory judgment of non-infringement, and the
patentholder counterclaimed for infringement. 30 The Federal Circuit flatly
held that because the infringement claims were based on acts that occurred
after the initial lawsuit, they were not precluded by the initial suit’s dismissal
with prejudice. 31 Following Lawlor, it emphasized that where infringement
allegations could not have previously been brought in an initial suit because
the alleged infringing act had not yet occurred, claim preclusion would not
apply even where the alleged infringement was “essentially the same” as that
litigated in the prior action. 32 Especially relevant here, the court observed that
26 Mentor Graphics, 851 F.3d 1275.
27 See U.S. Patent No. 6,009,531 (filed May 27, 1997); U.S. Patent No. 5,649,176 (filed
Aug. 10, 1995).
28 Mentor Graphics, 851 F.3d at 1297–98.
29 Id. at 1298.
30 Id.
31 Id. at 1299.
32 Id. at 1299–1301 (“The present lawsuit is based on post-license conduct, so the
alleged infringement did not exist during the previous action . . . Because the allegations
could not have been brought in the first action, we need not determine whether the newly
accused products are ‘essentially the same’ as the products litigated in the first action.”)
(discussing Lawlor v. Nat’l Screen Serv. Corp., 349 U.S. 322, 328 (1955); Aspex Eyewear, 672
F.3d at 1342; and Brain Life, LLC v. Elekta Inc., 746 F.3d 1045, 1052 (Fed. Cir. 2014)).
In Mentor Graphics, the Federal Circuit also observed that under the Supreme Court’s
decision in Kessler v. Eldred, 206 U.S. 285 (1907), an adjudicated non-infringer may be
10
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No. 17-11113
if such claims were instead barred by claim preclusion, “any licensee holding a
license obtained through litigation could breach that license, yet prevent the
patentee from asserting infringement against new products not covered by the
license.” 33 By holding that future infringement claims were not barred by claim
preclusion, the Mentor Graphics decision avoided that counterintuitive result.
The Federal Circuit has reached similar results concerning other method
patent claims. Mentor Graphics relied in part on the court’s previous decision
in Brain Life, LLC v. Elekta Inc., which straightforwardly held that claim
preclusion would not bar claims for method patent infringement “relating to
acts of infringement that postdate [the prior] judgment” because the patentee
could not have asserted claims in the first lawsuit for acts of infringement that
occurred after the judgment in that suit. 34 Similarly, in Asetek Danmark A/S
v. CMI USA Inc., the Federal Circuit addressed an injunction predicated on a
jury finding of liability for infringement of two system and method patents. 35
The patentholder dismissed with prejudice its claims against one of the
defendants prior to trial, 36 but after the jury found liability, the district court
enjoined both original defendants—including the dismissed party. 37 The court
shielded from future lawsuits involving the same allegedly infringing activity, even where
such lawsuits would not be barred by claim or issue preclusion. See Mentor Graphics, 851
F.3d at 1301. While the Kessler doctrine may cushion the effect of these claim preclusion
principles where a court conclusively establishes non-infringement, the Mentor Graphics
panel explained that it does not apply where a party received a license to the patent and the
patentholder dismissed its claims with prejudice, as is the case here. See id. at 1297–98, 1301.
33 Id. at 1300.
34 Brain Life, 746 F.3d at 1053–54.
35 852 F.3d 1352, 1355 (Fed. Cir. 2017). Asetek Danmark was initially decided prior to
Mentor Graphics, and Mentor Graphics cited the initial opinion as one of several cases
supporting its conclusion. See Mentor Graphics, 851 F.3d at 1299. The Federal Circuit
subsequently vacated its original Asetek Danmark opinion and issued a new opinion, but its
discussion of claim preclusion remained unchanged. Compare Asetek Danmark A/S v. CMI
USA Inc., 842 F.3d 1350, 1362–63 (Fed. Cir. 2016), with Asetek Danmark, 852 F.3d at 1365.
36 Asetek Danmark, 852 F.3d at 1355.
37 Id. at 1358.
11
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concluded that the injunction against the dismissed party addressing its future
conduct was not barred by claim preclusion, because “[i]t is well established
. . . that the difference in timing means that the two situations do not involve
the same ‘claim’ for claim-preclusion purposes, even if all the conduct is alleged
to be unlawful for the same reason.” 38 Although the court ultimately remanded
for a more thorough determination of whether the injunction was permissible
against the dismissed party, 39 it made clear that principles of claim preclusion
standing alone would not have barred the injunction—even though the system
and method infringement claims had previously been dismissed with
prejudice. 40
RPD’s reliance on the Federal Circuit’s earlier decision in Hallco
Manufacturing Co. v. Foster is unpersuasive. 41 Hallco held that because a
party had dismissed its patent invalidation claim with prejudice in earlier
litigation, it was potentially barred from suing the patentholder to invalidate
the same patent or from seeking a declaratory judgment that a redesigned
device did not infringe the patent. 42 While Hallco’s language may be read more
broadly, we take the Federal Circuit to have since clarified that the case does
not govern preclusion of infringement claims brought by the patentholder,
which were not at issue in Hallco. 43 The other cases we have discussed are
more representative of whether claim preclusion would prevent Tech Pharm
38 Id at 1365 (citing, e.g., Aspex Eyewear, 672 F.3d at 1343).
39 See id. at 1368–69.
40 See id. at 1370.
41 256 F.3d 1290 (Fed. Cir. 2001).
42 Id. at 1293. The court remanded for a determination of whether the devices at issue
were sufficiently different that principles of claim preclusion would not apply. See id. at 1298.
43 See Mentor Graphics, 851 F.3d at 1299–1300 (“Neither [of the Foster v. Hallco
Manufacturing] cases addressed whether a patentee could bring new infringement allegations
based on conduct occurring after a previous litigation ended. This is the precise issue
addressed in Aspex Eyewear and Brain Life and the precise issue now before us.”). While the
patentholder brought a counterclaim in the Hallco case, it was for breach of the settlement
agreement, not for infringement. See Hallco Mfg., 256 F.3d at 1293.
12
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from suing the OnSite debtors over new machines—and they indicate that it
would not.
In sum, but for the License Agreement, Tech Pharm would not be barred
from suing the OnSite debtors for patent infringement stemming from their
introduction of new OnSite machines—even if those machines used the same
process at issue in the settled 2010 litigation. Tech Pharm had an ongoing
material obligation under the License Agreement to refrain from suing the
debtors.
2
The OnSite debtors also had corresponding material obligations under
the License Agreement. The License Agreement straightforwardly obligated
the debtors to take certain ongoing actions, such as filing quarterly reports and
not discussing the settled lawsuit. 44 RPD claims, however, that because the
License Agreement granted a “perpetual” license for so long as the Tech Pharm
patent was valid and enforceable, Tech Pharm would be prohibited from suing
the debtors for patent infringement even if they breached their side of the
agreement—and so any debtor obligations would not be material, as required
by our definition of an executory contract. 45 It points to cases holding that
where a license is both “irrevocable” and “perpetual,” the licensor may not
revoke the license even when the licensee breaches. 46
But the cases RPD cites do not stand for the proposition that a merely
“perpetual” license is itself irrevocable in the face of material breach. Rather,
44 We have suggested in an unpublished opinion that “[a] contract is not executory if
the only performance required by one side is the payment of money.” In re Digicon, Inc., 2003
WL 21418127, at *5 (adopting language from district court opinion). Because the OnSite
debtors were required to undertake other performance under the License Agreement, we do
not need to resolve this issue here.
45 See In re Murexco Peroleum, 15 F.3d at 62–63.
46 See Nano-Proprietary, Inc. v. Canon, Inc., 537 F.3d 394 (5th Cir. 2008); Timeline,
Inc. v. Proclarity Corp., No. C05-1013-JLR, 2007 WL 1574069 (W.D. Wash. May 29, 2007).
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they hold that when a license uses the terms “irrevocable” and “perpetual,”
“irrevocable” must mean something beyond “not revocable at will,” since
otherwise the use of both “irrevocable” and “perpetual” would be superfluous. 47
Both cases explain that the use of “perpetual” indicates that the license may
not be revoked at will; the use of “irrevocable” goes one step further and
indicates that the license may not be revoked for any reason, even a breach by
the other side.
RPD is arguably correct that because the License granted under the
License Agreement was “perpetual,” under Texas law, it was therefore not
revocable at will. 48 This does not mean, though, that Tech Pharm would not be
excused from its obligations if the OnSite debtors were to materially breach
the License Agreement. RPD has offered no authority holding that a license
that is only “perpetual,” and not “perpetual and irrevocable,” is irrevocable in
the face of material breach—and, indeed, the cases it presents suggest the
opposite.
47 See Nano-Proprietary, 537 F.3d at 400 (“Based upon the unambiguous meaning of
‘irrevocable,’ we find that the PLA could not be terminated, notwithstanding a material
breach of the agreement. Otherwise, the terms ‘irrevocable’ and ‘perpetual’ would be rendered
superfluous, in contravention of established rules of contract interpretation.”); Timeline, 2007
WL 1574069, at *4 (“Despite the ordinary meaning of the term, Timeline suggests that
‘irrevocable’ is used in the contract to convey that the licenses are not terminable at will and
should not be interpreted to restrict Timeline’s ability to terminate the licenses due to a
material breach. As Microsoft notes, however, the licenses would not have been terminable
at will even if the agreement had excluded the term ‘irrevocable.’ . . . As Microsoft suggests,
the use of the word ‘perpetual’ would also be sufficient to express an intent that the licenses
were not terminable at will.”).
48 Texas law “disfavors” perpetual contracts, but will typically treat a contract as
perpetual—and therefore not revocable at will—if it offers a definite endpoint for the party’s
obligation. See, e.g., Kirby Lake Dev., Ltd. v. Clear Lake City Water Auth., 320 S.W.3d 829,
842 (Tex. 2010). Here, indexing the License Agreement to the duration of the patent
generated a definite endpoint. As we explain, however, we do not need to determine whether
the License Agreement was in fact perpetual—even if it was perpetual, that still does not
mean that it was irrevocable in the face of a material breach.
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We therefore conclude that both sides had ongoing material obligations
under the terms of the License Agreement, making it an executory contract.
Having established that the License Agreement was executory, we must
address whether it was rejected by operation of law.
B
As we have explained, 11 U.S.C. section 365(d)(1) imposes a sixty-day
deadline for a bankruptcy trustee to assume an executory contract, starting
here with the cases’ conversion from Chapter 11 to Chapter 7. After that
deadline passes, the contract will be deemed rejected by operation of law.
Because we have concluded that the License Agreement was executory, it
appears that it was deemed rejected when each of the bankruptcy estates failed
to assume it prior to the expiration of the sixty-day period. But RPD urges us
to read an implicit exception into section 365(d)(1) for when a bankruptcy
debtor fails to schedule the executory contract and the trustee was unaware of
the contract within the sixty-day period.
Like most circuits, we have not spoken directly to this issue. Both parties
point to the sparse array of applicable case law from other courts, though there
appears to be no clear consensus. Some courts have held that a contract will
not be deemed rejected by operation of law where a debtor intentionally
conceals the existence of the contract from a trustee. 49 That is not at issue here,
where the License Agreement was a matter of public record, listed on the
docket of the 2010 patent litigation between Tech Pharm and the OnSite
49 See Strohbeck v. Zuniga (In re Zuniga), 287 B.R. 201, 206 (Bankr. E.D. Mo. 2001)
(finding an executory contract was not deemed rejected under § 365(d)(1) where the debtor
had engaged in an overt pattern of misrepresentation about her bankruptcy in order to obtain
a loan, and failed to disclose the loan contract to the trustee); see also Texas W. Fin. Corp. v.
McCraw Candies, Inc., 347 F. Supp. 445, 449 (N.D. Tex. 1972) (finding no rejection under an
applicable provision of the Bankruptcy Act where “the transaction had been deleted from [the
debtor’s] business records and was not listed as an asset on the schedule . . . . [so there was
no evidence] that the trustee had knowledge of the claim or could have obtained it”).
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debtors. When there is no intentional concealment, several courts have held
that failure to schedule an executory contract will not prevent it from being
deemed rejected, 50 though at least one court appears to have broadly concluded
that failure to schedule the contract should always toll the deadline. 51
While most of these decisions do not extensively discuss the issue, we
find persuasive analysis in a Ninth Circuit decision addressing a similar
provision under the earlier Bankruptcy Act. 52 That court held that under the
Bankruptcy Act, “a trustee has an affirmative duty to investigate for
unscheduled executory contracts or unexpired leases,” and that “[t]he statutory
presumption of rejection by the trustee’s nonaction within the sixty day period
following his qualification is a conclusive presumption.” 53 The Ninth Circuit’s
decision took place in a different statutory landscape, but its reasoning still
applies. 54 The Bankruptcy Code places an affirmative duty on the trustee to
“investigate the financial affairs of the debtor.” 55 And, more to the point,
section 365(d)(1) does not impose an actual or constructive notice requirement
50 See Permacel Kansas City, Inc. v. Kohler Co., No. 08-00804-CV-W-FJG, 2010 WL
2516924, at *3-4 (W.D. Mo. June 14, 2010); Carrico v. Tompkins (In re Tompkins), 95 B.R.
722, 724 (B.A.P. 9th Cir. 1989); Hoffman v. Vecchitto (In re Vecchitto), 235 B.R. 231, 236
(Bankr. D. Conn. 1999), aff’d, No. 00-5010, 2000 WL 1508872 (2d Cir. Oct. 11, 2000).
51 See Medley v. Dish Network, LLC, No. 8:16-CV-2534-T-36TBM, 2018 WL 4092120,
at *5 (M.D. Fla. Aug. 27, 2018).
52 See Cheadle v. Appleatchee Riders Ass’n (In re Lovitt), 757 F.2d 1035 (9th Cir. 1985)
(discussing 11 U.S.C. § 110(b) (1970)).
53 Id. at 1040–42.
54 Cases decided under the modern Bankruptcy Code have looked to In re Lovitt
approvingly. See In re Tompkins, 95 B.R. at 724; Corp. Prop. Investors v. Chandel Enters. (In
re Chandel Enters.), 64 B.R. 607, 610 (Bankr. C.D. Cal. 1986). RPD argues that it is no longer
applicable because it was decided under the Bankruptcy Act’s rule that “executory contracts
and leases—unlike all other assets—do not vest in the trustee as of the date of the filing of
the bankruptcy petition . . . . [, but] only upon the trustee’s timely and affirmative act of
assumption.” In re Lovitt, 757 F.2d at 1041. But we agree with Tech Pharm that the Lovitt
conclusion regarding unscheduled contracts did not hinge on this presumption.
55 11 U.S.C. § 704(a)(4); see also id. § 704(a)(1) (requiring the trustee to “collect and
reduce to money the property of the estate”).
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for when the sixty-day deadline applies. We will not read such a requirement
into the statute when doing so is not supported by the statutory text.
Nor do we agree with RPD’s other arguments for a narrower application
of section 365(d)(1)’s deadline. There is no conflict with 11 U.S.C. sections
554(c) and (d), which provide that scheduled but non-administered property is
abandoned to the debtor but property of the estate that is neither abandoned
nor administered remains within the estate. The rejection of an executory
contract places that contract outside of the bankruptcy estate 56—so section 554
does not apply. Similarly, we disagree with RPD’s suggestion that even where
a contract has been rejected under section 365, a trustee can sell the contract
pursuant to section 363. Because a rejected contract ceases to be property of
the bankruptcy estate, it cannot be sold under a provision that authorizes a
trustee to sell “property of the estate.” 57 In any event, we cannot approve of the
use of a “sale” under section 363 to avoid the requirement that an executory
contract be assumed and assigned under section 365. 58
56 See, e.g., Eastover Bank for Savings v. Sowashee Venture (In re Austin Dev. Co.), 19
F.3d 1077, 1081 (5th Cir. 1994) (observing that deemed rejection of a lease under § 365(d)(4)
“did not terminate the lease but merely placed the trustee’s obligation to perform under the
leasehold outside of the bankruptcy administration without destroying the leasehold estate”
(citing Comm. Trading Co. v. Lansburgh (In re Garfinkle), 577 F.2d 901, 904 (5th Cir. 1978));
In re Scharp, 463 B.R. 123, 129 (Bankr. C.D. Ill. 2011) (“The primary effect of rejection is to
abandon the lease from the estate so that it reverts back to the debtor’s control outside of
bankruptcy. Assumption and rejection are bankruptcy concepts that determine whether the
estate will administer the lease; rejection merely removes it from the property of the estate.”
(citations omitted)); cf. Kane v. Nat’l Union Fire Ins. Co., 535 F.3d 380, 384–86 (5th Cir. 2008)
(explaining that a trustee may abandon property of the estate, but may not administer
property that was abandoned to the debtor pursuant to a different provision).
57 See 11 U.S.C. § 363(b)–(c).
58 See Cinicola v. Scharffenberger, 248 F.3d 110, 124 (3d Cir. 2001) (“[T]he sale of an
executory contract triggers the protections afforded sales of bankruptcy estate property but
also requires satisfaction of the requirements for assuming and/or assigning the same
executory contract.”); In re Access Beyond Techs., Inc., 237 B.R. 32, 47 (D. Del. Bankr. 1999)
(“A debtor cannot avoid the requirements of section 365 by saying it is ‘selling’ a lease or
executory contract, rather than assuming and assigning it.”).
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We therefore hold that the License Agreement was deemed rejected by
operation of law when each trustee failed to assume it within the sixty-day
period. At a minimum, the statutory presumption of rejection after sixty days
is conclusive where there is no suggestion that the debtor intentionally
concealed a contract from the estate’s trustee. 59
III
With this groundwork laid, that the bankruptcy court did not engage in
an impermissible collateral attack on its previous orders becomes clear. RPD
argues that two sets of final bankruptcy court orders established that it
purchased the License Agreement from the Grapevine, Waco, and Western
Pennsylvania estates.
The first were the sale orders from the Grapevine, Waco, and Western
Pennsylvania estates. As we have explained, each of those sale orders ordered
the transfer of the subject property defined in the relevant asset purchase
agreement, and included a provision stating that to the extent that any of the
transferred subject property was an executory contract, “the same [was] hereby
ASSUMED by the Estate and immediately ASSIGNED to RPD under the
applicable provisions of section 365 of the Bankruptcy Code.” RPD argues that
even if these provisions providing for assumption and assignment were
erroneous, they are nonetheless entitled to protection against collateral attack.
But by the time each of these sale orders was finalized, the sixty-day
deadline had passed for each estate, and the License Agreement had already
been deemed rejected. As we have explained, when an executory contract is
rejected, it exits the bankruptcy estate. It was therefore outside the power of
the bankruptcy trustees to include the License Agreement within the subject
59 We do not decide here whether this rule might shift if a debtor is shown to have
hidden assets from a trustee.
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property, or to attempt to assume and assign it to RPD. We do not read any of
the bankruptcy court’s sale orders as providing for the estates to assume and
assign contracts that were outside the relevant estate at the time of sale. 60 This
is not a matter of collateral attack, but merely an interpretation of the
bankruptcy court’s orders. 61
RPD also points to the bankruptcy court’s order effectuating the global
agreement. It argues that the sale order explicitly incorporated all terms of the
global agreement, including the portion of that agreement providing that “RPD
is entitled to all remaining available Tech Pharm licenses (such as those
otherwise acquired from ProvideRx of Grapevine, LLC; W Pa OnSiteRx, LLC;
and ProvideRx of Waco, LLC).” 62 Standing alone, however, this could not
conclusively establish that RPD had acquired the License through the
Grapevine, Western Pennsylvania, and Waco sales. RPD did not actually
purchase the License from any of those debtors—as an executory contract
deemed rejected, it had already passed out of their estates—and the
bankruptcy court’s attenuated incorporation of a statement to the contrary
does not establish otherwise. 63
Ultimately, RPD’s collateral attack argument hinges on the assumption
that the License was still part of the bankruptcy estates at the time of each of
60 Here, not only did the relevant sale orders not reference the License, but they also
ordered the transfer of the subject property only to the extent that the debtor and estate had
a right, title, or interest in the property. We cannot read the sale orders as ordering the
License assumed and assigned even though it had already passed out of the relevant
bankruptcy estates.
61 See United States v. 115.27 Acres of Land, 471 F.2d 1287, 1290 (5th Cir. 1973).
62 The bankruptcy court approved the global agreement in a sale order stating that
“ALL terms of the Agreement are incorporated herein by reference.”
63 At a minimum, as Tech Pharm observes, only a Chapter 7 trustee may sell an
estate’s property, and so RPD and CERx could not by fiat establish that the Waco, Grapevine,
and Western Pennsylvania trustees had transferred the license to RPD when those trustees
were not parties to the global agreement. See In re Gonzales, No. 10-35766-SGJ-7, 2010 WL
4340936, at *2 (Bankr. N.D. Tex. Oct. 27, 2010).
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the Grapevine, Western Pennsylvania, and Waco sales. It was not, and the
bankruptcy court’s sale orders did not hold differently. Our decision today
therefore does not affirm a collateral attack on those sale orders.
* * *
Because the License Agreement was an executory contract deemed
rejected by operation of law, RPD could not and did not acquire the License
from any of the Grapevine, Western Pennsylvania, and Waco estates—and no
bankruptcy court order held otherwise. This resolves the heart of the dispute,
so we do not need to resolve several other issues raised by the parties, such as
whether RPD actually purchased the License under the terms of the relevant
APAs and sale orders.
IV
We pause to briefly address a final issue. The parties stipulated before
the bankruptcy court that its scope of decision making would be limited to
“whether [RPD] validly acquired, by way of sale and assignment, all rights and
obligations under [the License Agreement].” At trial, RPD’s counsel argued
that even if RPD had not purchased or been assigned the License, it had a right
to use the OnSite machines it had purchased from two of the debtor estates,
under a provision of the License Agreement granting limited rights to third
parties to operate OnSite machines. 64 When the bankruptcy judge observed
that the issue had not been briefed and was not necessarily encompassed by
the stipulated issues, RPD’s counsel argued that the question was necessarily
connected to whether RPD had acquired rights under the License Agreement.
64 The relevant portion of the License Agreement provided that “If an Onsite Machine
is used in a long-term care facility (‘LTCF’) as permitted by an Onsite party pursuant to this
License, the Onsite party may sell the Onsite Machine to that LTCF or to a third party
purchaser of the Onsite Machine who is not the LTCF. The LTCF (or a third party purchaser
of the Onsite Machine who is not the LTCF) can continue to operate that Onsite Machine
currently in place at the time of purchase of said Onsite Machine . . . .”
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The bankruptcy court therefore assessed whether RPD had acquired
limited rights under this provision, and concluded that it had not because it
failed to prove that it had purchased specific machines encompassed by the
License Agreement. 65 The court additionally concluded that under the terms
of the License Agreement, RPD could only use any machines covered by the
Agreement in the same long term care facility in which they were used at the
time the Agreement was finalized, and that RPD had not shown that it had
done so. 66 RPD now contends that this issue was not within the scope of the
parties’ stipulation or briefing, and that the bankruptcy court lacked
jurisdiction to address it regardless; Tech Pharm responds that RPD raised the
issue of its own volition, and should suffer the consequences.
Based on the facts presented to us, we conclude that the bankruptcy
court did not exceed its authority in addressing RPD’s rights through purchase
of the OnSite machines. Nor do we find that the bankruptcy court erred in
reading the License Agreement to require that third parties operate OnSite
machines in the same locations where they were placed at the time of sale.
V
We affirm the district court’s judgment.
65In re Provider Meds, 2017 WL 213814, at *11 ¶ 9. Specifically, the court noted that
RPD had “failed to introduce evidence of the serial numbers of the 15 ADS Machines it
purchased under the Grapevine APA and the Grapevine Sale Order,” id., and concluded the
same regarding a machine purchased from the W. Pa. estate, id. at *12 ¶ 10.
66 Id. at *11 ¶¶ 8–9.
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Six years after President Obama signed the Affordable Care Act, the health reform law has gained acceptance from a majority of California voters, but the cost of getting healthcare remains a major concern, eclipsing worries about having insurance, according to a new USC Dornsife/Los Angeles Times poll.
The widespread worry about costs indicates a potential shift in the debate over healthcare, at least in this heavily Democratic state.
Nationally, the political debate has been stuck for most of the last six years on Republican efforts to block Obamacare, but that gridlock could lessen after the election. In both parties, lawmakers increasingly have been hearing complaints from their constituents about the cost of care, and polls have found that prescription drug prices, surprise medical bills and other pocketbook issues concern voters more than the future of the health law.
Echoing that national trend, almost two-thirds of voters in the USC/Times survey say they worry “very much” about rising health costs, with only 10% saying that is not something they worry about.
Just slightly more than half say that lack of insurance is something they worry about a lot, and roughly three in 10 say they were not worried about it.
Latinos, however, were an exception, reporting equal levels of unease about cost and having insurance – three-quarters said they were very worried about each.
Cost concerns were most widespread among those in their 50s and early 60s. Indeed, that age group consistently showed the highest levels of anxiety on a series of healthcare concerns. By contrast, those over age 65, most of whom are covered by Medicare, were the least likely to express worry about healthcare issues.
For a significant number of voters, the healthcare law itself takes blame for rising costs. Just over half of those surveyed said they believed that costs for average Americans have “gone up a lot” because of the law, compared with roughly one-third who said that the law had not caused that to happen.
As with many aspects of the healthcare debate, partisanship plays a big role in shaping beliefs about rising costs: Republicans by overwhelming margins blame the law, while Democrats were split closely on whether it’s responsible.
Most Americans have been forced to confront increased costs for health coverage for years – a trend that began long before the passage of the reform law. Employers have continued to shift costs to their workers, mostly in the form of higher deductibles and co-payments. Although those higher costs may not have been caused by the new law, many blame it.
The USC Dornsife/Los Angeles Times poll »
The law clearly has raised costs for one relatively small slice of Americans – mostly healthy, self-employed people with middle-class or higher incomes who were previously able to buy low-cost policies on the private market.
The new law requires those people to buy more comprehensive policies, which provide greater coverage, but at a higher price. Covering sicker customers who used to be denied insurance has also led insurers to raise some premiums.
Low- and middle-income Americans get subsidies under the law that lower their monthly premiums, but higher-income Americans do not.
More than three-quarters of California voters acknowledge the biggest effect the law has had – reducing the number of Americans who lack health coverage. By 77% to 15%, voters said that the law had achieved that goal.
Since the new law’s coverage expansion began in 2014, some 20 million previously uninsured Americans have gained coverage, and the share of American adults under age 65 who are uninsured has dropped from one in five to about one in eight, according to numerous private and government surveys.
But on that point, too, partisanship colors perceptions. Among Republicans, 28% in the current survey said that the new law had not led to more people having insurance. Among Republicans who identify with the tea party, 48% took that view, compared with 31% who said the law had reduced the number of uninsured.
The public’s view remains split on another of the law’s major accomplishments, as well – ending the ability of insurers to deny health coverage because of preexisting health conditions. The poll found 59% of voters saying that coverage could no longer be denied, while 21% said that had not happened.
On that question, the division did not appear primarily partisan. Instead, some of the groups whom the new law was designed to help most appeared least aware of one of its central elements.
Latinos, those younger than 30 and people with incomes under $30,000 were all less aware of the change regarding preexisting health conditions than whites and those who were older or more affluent. Among Latinos, for example, though 48% said the law had accomplished that goal, 30% said it had not.
That lack of awareness of one of the law’s main achievements marks a “messaging failure” by the law’s supporters, said Anna Greenberg, the Democratic pollster whose firm forms one half of the bipartisan team that produced the survey for USC and The Times.
The White House and its allies have struggled at times to convey a message about the law, in part because for many Americans, it remains an abstraction.
Just over half of those surveyed said the law had no effect on themselves or their families. That’s by design: The law was written to cover the uninsured while minimizing the effect on people who get coverage through their jobs, as most working-age Americans do.
That has cost Obama politically. The views that most Americans have of the law have been shaped less by direct experience than by partisanship, according to Drew Altman, the president of the Kaiser Family Foundation, which has carefully tracked opinion about the health law.
Only about four in 10 of those who supported the law in the poll also said it had made their own families’ healthcare better.
Overall, 53% of the state’s voters favor the law, with 31% favoring it strongly. An additional 12% said they opposed it because it did not go far enough, while 27% said they opposed it because it went too far.
Complete text of poll questions and results »
Those who said the law did not go far enough do not consistently back liberal views on how to replace it. Only 40%, for example, supported a single-payer system – the sort of healthcare solution advocated by Sen. Bernie Sanders in his campaign for president.
By contrast, those who support the law backed the single-payer idea 69% to 10%. Overall, just over half of the state’s voters supported it, with about one-quarter opposed.
The state’s voters divided evenly on the question of whether to repeal the law’s requirement that people have insurance. Opinion on that question split along predictable partisan lines with one significant exception – Latinos, who generally back the law, also supported repeal of the mandate, by 57%-37%.
Most California voters have a positive view of their own healthcare and a somewhat positive view of healthcare in the state, the poll found. Seven in 10 rated their own healthcare as “excellent” or “good” while just under three in 10 called their care “fair” or “poor.”
Ratings were highest among those earning more than $100,000 a year and among those aged 65 and older, which reflects the generally positive view that Americans have of Medicare.
Asked about the state of healthcare in California, 44% called it excellent or good, while 34% said fair and 14% poor. Ratings were gloomier about healthcare nationwide, with only 30% calling it either excellent or good, 39% fair and 25% poor.
The poll for the USC Dornsife College of Letters, Arts and Sciences and the Los Angeles Times was conducted jointly by the Democratic firm Greenberg Quinlan Rosner Research and the Republican firm American Viewpoint. It questioned 1,500 registered California voters from May 19-31. The margin of sampling error is 2.9 points in either direction for the full sample.
[email protected]
For more on Politics and Policy, follow me @DavidLauter
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NJ Egyptian Americans React to Uprising
All eyes are on Egypt as its rebellion continues to play out. Jersey City’s large Egyptian American population is riveted by the situation. While many worry about the safety of family back home, many are elated to see – at long last – a powerful uprising against enduring oppression. Meanwhile, America must tread carefully in handling its response to development. The ramifications of the rebellion are complex and of profound importance to stability in the Middle East.
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At least the creators are inclusive, I guess. Since he can choose Tom as well...
All jokes aside it would benefit the series if it became a bit more shonen than it is harem.
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Please visit ourCommunity Links
section for other
Sullivan County
Organizations
PLEASE NOTE: If you bookmark a particular link from the current news, sports or obituaries offered on our Website, be aware that the URL address will change once it is archived. Bookmarking an archived link is therefore the surest way to retain access to a particular article.
Rob Potter | Democrat
The members of the Homers softball team and four of their most loyal fans gathered for a team photo after the team won the first annual Santos Memorial Softball Tournament on Sunday afternoon at Edward M. Collins Memorial Park in Mongaup Valley. In the front row, from left to right, are Thomas VanDunk, Chris Morgan Jr., Lesley Morgan, Dillon Kozloski, Chris Morgan, Wayne Kozloski, Jamie Caufield and Mike Talmadge. In the back row, from left to right, are Chris Smith, Jason Corman, J.R. Drew, Tom Butler, Alex Rodriguez, Brian Kowal, Billy Schutz, Chuck Worthington and Jason McCann.
Homers wins first annual Santos Memorial Softball Tournament
By Rob PotterMONGAUP VALLEY The Fitness Factory softball team is used to playing in tournaments and playing very well in those tournaments.
Last summer, the team, which is sponsored by The Fitness Factory Health Club in Monticello, won the New York State Men’s Modified Tournament held in Mechanicsville.
This past weekend, however, the Fitness Factory coaches and players held a softball tournament the first annual Santos Memorial Softball Tournament.
The Fitness Factory team decided to organize the tournament to honor Santos Rodriguez, who moved to Puerto Rico in 2009 and passed away in February 2010. When he resided here in Sullivan County, Santos Rodriguez played for the Fitness Factory team and was one of the pitchers who helped the team win the second annual John Spear Memorial Softball Tournament held in July 2008 at Edward M. Collins Memorial Park in Mongaup Valley.
Earlier this year, Fitness Factory Coach Edwin “Flaco” Rodriguez and his teammates decided to honor Santos Rodriguez with a softball tournament. Santos Rodriguez was a beloved teammate and the uncle of team members Edwin Rodriguez, Serafin Rodriguez, Dennis Rivera, Derwin Rivera and Xavier Cardona.
The first annual Santos Memorial Softball Tournament was held this past weekend at Collins Park and Kenneth H. Somerville Field in Monticello.
Four games were held at Somerville Field, while the other games were played at Collins Park.
“I think he helped us out with the weather for this tournament,” Edwin Rodriguez said of his uncle on Sunday afternoon while looking to the heavens above moments after the championship game ended. “We had 12 teams in the tournament and had to turn away six or seven teams. The teams came from all over to play in the tournament, from the Bronx to Binghamton to Pennsylvania.”
Instead of first and second place trophies, the first place team received $500 and the second place team received $250. The Fitness Factory team members served as umpires for the tournament and as the public address announcer for Sunday afternoon’s championship games. Other members of the Fitness Factory team and their family members also volunteered to help the tournament run smoothly.
In Sunday’s first possible championship game of the double-elimination tourney, Rockland Revolution, which came out of the loser’s bracket, defeated Homers, 5-2.
Moments later, the teams played again for the title. Homers, which is sponsored by Homers Coffee Shop in Port Jervis and has players who live in the Port Jervis and the Matamoras, Pa. area, edged Rockland Revolution, 13-12.
Rockland Revolution, which includes players from Rockland County and Sullivan County resident Tim “Chopper” Ackermann, who also pitches for the Fitness Factory team, rebounded from an early 3-0 deficit to take a 12-6 lead in the top of the third inning.
But Homers scored six runs in the bottom of the fourth inning to even the game at 12-12.
The score remained tied until the bottom of the sixth inning. With one out, Mike Talmadge singled to left field. When Wayne Kozloski hit a fly ball to the outfield which was caught for the second out of the frame, Talmadge tagged up and advanced to second base.
Tom Butler then hit a double down the left field line to bring Talmadge in to score what became the game-winning run.
As Edwin Rodriguez noted, the dozen teams which played in the tourney represented several communities in the tri-state area. One of the teams, Darders Stone Works, is based here in Sullivan County.
Edwin Rodriguez and his teammates are already looking forward to next year’s Santos Memorial Softball Tournament.
“We’re planning on holding this tournament every season,” he said.
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The human leukocyte test system. VIII. DNA synthesis and mitoses in 3-day cultures stimulated with pokeweed mitogen.
In human leukocyte cultures set up with Ham's F-10 medium and stimulated with pokeweed mitogen (PWM), DNA synthesis and mitotic indices were analyzed by means of (3H)TdR autoradiography and cell counting. The results show a very similar pattern of DNA synthesis and mitotic indices to that found in cultures set up with TC medium 199 and stimulated with phytohemagglutinin (Obe et al., 1975 a).
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I put in a call to The White House. 202-456-1414. I asked for the President’s office. The operator patched me through to a secretary. I asked her if I could interview the President. My dad was taking me to Washington DC for my 12th birthday and I wanted to stop by.
The secretary was very kind. She said the President was busy with [I forget if it was the coal miner’s strike or the Iranian hostage crisis] and wouldn’t be able to meet. So I asked for a signed photo of Amy Carter. Which was sent to me.
I then called back The White House. I asked for Rex Scouten. He was Chief Usher of the White House and had worked in The White House since the Truman years. I saw his name in “The World Almanac and Book of Facts”. He got on the phone. I asked him if I could interview him.
He said, “sure!” and when my dad and I visited, we went through a special door to meet him and he gave us a tour of The White House, even the areas where the First Family lived.
My dad saw the President walking down a hallway but I didn’t see him. My dad tried to get me to look but I wasn’t paying attention and missed the President.
Anyway, when I got back home I lied and told all my friends I saw the President.
Then we went to Capitol Hill. I had called ahead and we met with many Senators and Congressmen.
We met Paul Tsongas, for instance, who was a Senator from Massachusetts and later ran for President. Tsongas was famous for being the poorest person in the Senate.
He also was famous for saying, “no one ever said on their deathbed I wish I had spent more time at work”. He quit the Senate when he was diagnosed with cancer.
While my dad was busy with a business appointment, I went to visit Birch Bayh, the Senator from Indiana. It was his birthday too. His staff brought out his birthday cake and they sang Happy Birthday to both of us.
I can’t imagine letting my kids wander around Washington DC by themselves at the age of 12.
We had so much more freedom then. We could ride subways, explore cities, ride our bikes on highways, take rides with strangers, shoplift, explore the woods, smoke cigarettes, whatever we wanted. We were energy uncorked.
Kids aren’t allowed to have adventures anymore.
But adults stop having them also. We start worrying about the bills. We start regretting the past. I was at a party last night. Did I say the wrong thing? Did they like me?
When you skim a book you notice a word or two per page. Maybe sometimes you read a paragraph.
But you finish the book super fast. You’re done! Finished! And you think it’s an accomplishment.
Sometimes I find myself skimming life. Not noticing all the words right in front of me.
Saying “yes” to too many things I don’t want to do. Thinking too much of past or future. Trying very hard to just finish. That’s why time seems to move faster as we get older.
I’m going to try and stop time today. Or at least slow it down.
I don’t know.
Today will be an ordinary day. But maybe I can try to make every moment in it be extraordinary.
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"Shut up." "Would you stop leaving food on my doorstep?" "Was the lasagne not to your liking?" "Would you prefer a fish stew?" "I'm quite capable of preparing my own meals, and your food is attracting that dog." "Dr Ellingham, I'm just trying to support you through this difficult time." "Well, thank you, Dr Ellingham, your order will be ready by lunchtime." " What's up?" "Why have you stopped?" " His blanket's slipped." "What?" "Is he cold?" "Morning, James." "That's too loud." "You'll damage your hearing." " Listen to me!" " Hey!" "What are you doing, you perv?" "That's charming, isn't it?" "Absolutely charming." "No." "Not you." "Stay there." "No, no, no!" "Stay there!" "No!" "Stay out!" "Horrible dog!" "No!" "no!" "Get...!" " Morning!" " Get me a vet." " Why?" " I want that dog put down." " There's nothing wrong with him!" "They won't put him down just because you asked them to!" "No." "Just get me a vet and don't let that filthy stinking animal back in my surgery!" " I'll take him at the end of the day." " Are you ready?" " Yes." "I was just waiting for you." " Good." " Shall we go in?" " There's seven minutes to our appointment." " She won't mind." " Oh!" "Martin!" " What?" "What if he recognises us?" " Morning!" " Hello." "Come on." "Yes, so we did try the um, the... hugging exercises." "How did it go?" "Well, Martin has a little trouble with spontaneity." " So do you!" " This isn't about me, Martin." " Have you given Martin's blood phobia any more thought?" " I have, yes." "We'd love to hear your ideas, wouldn't we, Martin?" "Yes." "Very often a fear of blood can stem from control issues." "From what I've observed of you, you're clearly someone who likes to be in control at all times." "I believe the sight of blood brings about a psychological feeling of loss of control, and it's this feeling that manifests itself in your physical reactions of nausea and vomiting." "I disagree." "It was when I started to see the patients I operated on as genuine human beings and not just bodies." " I still think there may be another underlying cause." " Which is?" "Your inability to deal with people may display itself as a desire, a need, to be in control at all times." "So what can Martin do?" "Practically?" "There is no quick fix." "Patterns of behaviour take time to break." "However, there is one exercise I would recommend you both try." "Both?" "Martin, do you feel safe when you are with Louisa?" "Yes." "Then I would like you to hand over control to Louisa for an activity of her choosing." " What sort of activity?" " Whatever Louisa decides." " I don't think Martin's going to get on very well with that." " I don't think so." "Do you think it could be possible you sometimes ask things of him you know he'll struggle to complete?" "What, you think I want Martin to let me down?" "As a defence mechanism, possibly." "Your constant disappointment in him protects you from getting too close." "So you're think I'm not fully committed to this relationship?" "I'm saying I think it would be empowering for you to take charge." "Once you've chosen your activity, I want you to make it very clear what you want from him." "Stick with it, don't feel pressured or dissuaded from doing what you want." " And what do I do?" " Your role is simple, Martin." "You need to do exactly as Louisa instructs, without trying to take over." "Thanks for coming." "It's been sticking for a while," " and this morning I couldn't close it." " It's not a big job." "I think the hinges just need tightening." "I didn't know who else to call." "I know you're not rushed off your feet at the moment with the BB." "Yeah, don't I know it!" "Are you busy?" "I'm doing an analysis of the risk factors" " between male and female serial offenders." " Is that so?" "I'm giving a talk for a forensic psychiatry conference next week." "I thought the Doc wanted you to cut down on your work?" "Martin's not the only doctor in the family." " Well, that should do it." " And speaking of family, when's your father moving on?" "He hasn't told me his plans." " I don't want him to become a permanent fixture." " I know." "I have asked him but, er, it's impossible to get a straight answer." " Why don't I ask him?" " OK." "Thanks." "Janice!" "Janice..." "Joe." "Wondered if you wanted to come over on Thursday." "I'm having one of my famous barbecues." " Famous?" " Well, yeah." "Everyone knows about the old Penhale Pig-out." "Hottest ticket in town." "I've never heard of it." "That's because it's on a-need-to-know basis, and now YOU know!" "Who else is going?" "Well..." "Al and Morwenna?" "She hasn't said anything to me about it." "Great. see you then." " Megan!" " Sorry I'm late." "I love you!" "Just fill in the patient registration form and I'll book you an appointment for a repeat prescription." "What's he like, the Doc?" "Is he nice?" "Erm..." "Doc!" "This is Mrs Sparrock." "She's new to the village." " Right." " Call me Debbie, please." "Next patient." "I hope we get on as well as I did with my last GP." "Dr Bainbridge was amazing, he was so supportive, especially with my daughter's ADHD." "Yes." "Leanne..." "Perrins." "Go through." "Speaking of my Kelly, she's almost out of her medication, so I was hoping you could whip up a quick repeat prescription for me." "Some methylphenidate, 5mg." " Mrs...?" " Debbie, please." "Mrs Please." "I won't be whipping up anything until my Kelly's notes have come through, I have read them, examined the patient myself, and only then, if I'm happy that methylphenidate is the right medication," "will I write you a prescription." "See you then." "So, what do you think?" "No, I thought not." "All right." "Thanks anyway." "Bye." " Told you!" " What?" "I can't find a vet who'll put Buddy down for no reason." " Right." "I'll do it myself." " What?" "Come through." " This way." " Doc!" " He's going to put Buddy down!" " What?" " He means it!" "He's got him in there right now." "Martin!" "You are not putting that dog to sleep!" " Why not?" "Nobody else will." " He's right." "I tried everyone." " The dog needs to be dealt with." " Put the needle down, please." "You don't have to kill Buddy." "We can get him rehoused." " It's not my dog to rehouse." " It's not your dog to kill either." "I'm sure someone can take him in." "Actually, I did speak to one vet who'll take in anything." "She took in my auntie's chinchilla." " What did she say?" " Well, I didn't ask her." "I was just seeing if she'd put Buddy down." "It was a firm no." " Angela Sim, that's her." " Yes." "Angela..." "Dr Sim's daughter." "Let's hope she's a better vet than he was a doctor." " If she takes Buddy, you'll never see him again." " Fine." "So long as you get rid of him." " Slight problem, I've only got my bike." " Give me the address." " .. he'll be bringing you mice again in no time." " OK." "Bye." " Bye now." "Dr Ellingham." "Morwenna said to expect you." "Why don't you come on inside?" "Bring him too." "Come on, Buddy." "That's enough..." "That's enough of that." "I need to check him over before I accept him." "There's nothing wrong." "He's perfectly healthy." " How would you know that?" "You're not a vet." " No, I'm not." "How are you feeling, Buddy?" "Hm?" " I understand your father was Dr Sim." " Yes, he was." "The man you have said misdiagnosed most of Portwenn for 30 years." "That's right." "I'm surprised that coming from a medical background, you chose to practise holistically." "An animal is made up of lots of different parts." "If one part isn't working properly, then the whole animal is affected." " Oh, right." " Hm..." "Buddy has a bit of conjunctivitis." "I will treat it with Euphrasia." " Good for you." " ?" "94." " What?" " My fee." "It says on your sign that you rehouse house all unwanted animals for free." "I'm making an exception." " Cheaper to put him down." " I'm aware that was your first request." " Fine." " Thank you." " What's wrong with your hand?" " A dog bit it." "It goes with the job." "Show me." "I'm quite capable of looking after it myself, thank you." "Now, let's find you a bed, Buddy." "Do you want to say goodbye?" "Don't be ridiculous." "Bert?" "I'm just coming." "Ruth!" "What are you doing here?" "Thought I'd pay my sitting tenant a visit." "Well, that is very kind of you, I must say." "I'm not one for beating about the bush, Bert." " when do you intend vacating the premises?" " Well..." "I don't have an actual date as such, but I was thinking...." " What's that smell?" " I wouldn't go in there." "A still?" " Isn't that illegal, Bert?" " Don't get mad." " I'm trying to make a little bit of whisky." " On my land?" "Without a licence?" "Steady on." "That licence is a bit of a thorny thicket and almost certainly pending." "Do you have a distilling licence or not?" "Not as such, no." " Does Al know about this?" " No." "And please don't go telling him." "You've overstayed your welcome, Bert." "Just a moment, Ruth." "I am onto something special here." "This whisky is made from the finest Cornish ingredients." "It's gonna make me famous." "It's gonna make both of us famous!" "And as my partner, you'll share in the the profits, eh?" "So what do you say?" "Get this enterprise off my land, Bert." " Morning, Doc." " Yes." "Morning there..." "Shouldn't you be in school?" "Can't get qualifications in daydreaming." "Miss?" "I'm talking to you." "I am a law enforcement officer and you are legally required to listen to me.." "Hello?" "Bugger." " Morning." " Morning." "Thank you." " Hello." "I thought you were taking Buddy up to Angela's?" " I did." "So why is he trying to eat James's breakfast?" "What?" "No!" "Oh, for God's sake!" "Shut up!" "That stupid woman must have let him go." "I'll take him back at lunchtime." "Morwenna, tie this dog up outside." " Possible BFT, Doc." " What?" " Blunt force trauma." "Right, go through." "Morwenna, get the dog." "OK." "Buddy, outside!" " Any headaches, dizziness, nausea?" " No." "How did it happen?" "I don't know." "Sat on the wall, next minute I was on the ground." "Has it happened before?" " Don't think so." " You don't sound sure." "My ADHD medication makes me a bit dizzy sometimes." " Name?" " Methylphen-something." " Your name, not the medication." " Kelly Sparrock." "Oh..." "I met your mother." "You're the perv from yesterday!" "I've got a policeman outside." "Stop talking." "So why do I want to go to a barbecue at yours?" " Everyone's going." " Who's everyone?" " Janice..." " She didn't mention anything to me about it." " Didn't she?" " Who else?" "You, if you'll go." "So, me and Janice?" "That's it?" "No." "Gonna ask Al." " I suppose if there is a few going, I might pop along." " Yes!" "How's the patient?" "Good job I came along when I did, eh?" "No signs of concussion." "I'll give you some notes on head injuries." "There's no need." "I'm fine." "If you have any headaches or nausea in the next 24 hours," " I want you right back here." "Do you understand?" " OK." "And be more careful in future, young lady." "We don't want anything happening to you, now, do we?" "I phoned your mum." "She's waiting for you at home." " Can I go now?" " I'll give you a police escort." "Having a bit of a do tomorrow night, Doc." " Imagine you'll want to be there." " No." "Morwenna, I told you to take that dog outside and tie it up!" "OK..." "Here, Buddy!" "Yeah, that's healing nicely," " but bring her in next week for a check." " Thanks, Ange." "Come on, then, Lulu." "Let's get you down." "Good girl." "There's a good girl." "Good girl." "There's a good girl." "I think I know why she keeps running away." "She doesn't like her new name." "I get that a lot with rehomed dogs." " What was her name before, then?" " I don't know." "She was a stray." "I'd need to spend more time with her." "Come on." "Off you go." "I shall see you next week." "Appreciate it, Ange." " I paid you ?" "94 to keep that dog here." " I have no idea how he got out, and I'm sorry, but I know WHY he ran away." "You two have unresolved issues." "What?" "Do you actually believe you can communicate with a dog?" "I possess an ability to do that, yes...." "Quiet!" "I thought you were a proper vet?" "Has anyone ever told you you're small-minded?" "Just because it's beyond your understanding" " doesn't mean it doesn't exist." " Oh, for God's sake!" "Look, if I see that dog again, I will euthanise it." "And I will be duty bound to report you to the police if I discovered that anything has happened to that perfectly healthy animal." "Who did those stitches?" " I did." " That wound's infected." "You should let me have a look at it." "You are the last person I'd let treat me." "All right, get another doctor, but get some antibiotics in you!" "I am perfectly capable of assessing my own medical needs," " thank you, Dr Ellingham." " Yes, I'm sure you are" " Bert." " Ruth." "I thought I'd stop by to say goodbye before I head off to... well, to wherever the road takes me." "Thank you." "To be honest, I thought you'd offer more resistance." "No, Ruth." "I know when I'm beat." "You've been more than generous to me, and I got no complaints about you, only admiration." "I thought you'd appreciate..." "the fruits of my labour." "That's very kind." "Well, I guess I'll be going now." "Goodbye, Bert." "Just popping out." " Ooh, that was fast." " Yes." "He was tired." " You know that control thing I'm supposed to do?" " Ah..." "Er, yes." " Good." " I'm throwing a party." " I see." " For you." "So I just need you to write a little speech." "I'm inviting around 30 people." " You don't think that's too many, do you?" " Why?" "So you can make some new friends." "Some of them you'll know, of course, but not everyone." "So you'll have to introduce yourself in the speech, you know, say who you are..." "I'm joking, Martin." "I was actually thinking about the three of us having a picnic on the beach." "Oh..." "I see." "When?" "Shall we pick you up at six tomorrow, will that be OK?" "Yes, that's fine." "Good." "Mm..." "Come on." "Come on." "In you go." "Go on." "OK." " Barbecue?" " Be like the old days." "The Portwenn Posse back together again." "The sun shining, a few beers, a few women." " What women?" " Janice and Morwenna." "How about it, Al?" "I need a wing man to help me with Janice." "Well, if you like Janice so much, why don't you ask her out yourself?" "It's the uniform." "Some women can't see past it." "This way Janice will get to see me in a more casual setting, give her a chance to see the real me." " Are you sure that's wise?" " Look, Al, I really need this." "Who took you in when you were homeless, eh?" "I'm not really in a party mood, to be honest." "Make things very difficult for you." "Fishing licence checks, health and safety certification, that sort of thing." " You wouldn't really do that, would you?" " I'd have no choice." "Well, nothing else to do, I suppose." "Great." "Thanks." "You're a real mate." "You won't regret this." "I already am." " Morning." " Oh!" "You just caught me!" "Another two minutes and I'd have been gone." "I came to congratulate you on your whisky." "It's not half bad, is it?" "Still needs a bit of work, though." "Yes." "Why whisky?" "I needed to do something that I love." "And I do love my whisky." " It's as good a reason as any to get out of bed." " Exactly." "We've got great spring water here!" "Why should the Scots have all the market?" "The Cornish are Celts too." "I have read that micro-breweries are becoming popular." "And I could get in on that, eh?" "I'm thinking of calling it Large Whisky." "It sounds as if it could be a sensible venture." " How many people know about this?" " Not a soul." " Can you keep it that way?" " I suppose so." "Why?" "Keep it quiet... and I'll give you another couple of weeks." "I owe you, Ruth." "You've been more than generous." " Do you think you could stretch it to a month?" " No." " OK." " I'll tell Al that I've taken pity on you and given you an extension." "Oh..." "Huh!" "Here we are." "Come on." "No, no!" "Buddy!" "Buddy!" "No!" "Buddy!" "Sparrock." "How's your head?" "Do you have any symptoms of concussion?" "No." "But I'm worried, Doc." "Kelly keeps having these accidents." "Do you think it could be because of her ADHD?" "What's this?" "It's an email from our last GP ..." "Dr Bainbridge." "I know how long patient notes take to come through, so I thought this might speed things up." "It's all there ... the fidgeting, lack of attention, poor performance at school." "It's classic ADHD." "So if you could just write us up a repeat prescription, we'll be out of your hair." "What's wrong with your hand?" "Your hand, you didn't have that bandage yesterday." "She burnt it on the toaster." "Daydreaming as usual." "She's always doing that, drifting off in the middle of things." "Away with the fairies,." "my mother always says." " How long has she been like this?" " Since forever." "I am here, you know." "And does the ADHD medication make any difference?" "Made her more irritable if anything." "Right, well, it's a common side effect." "I want you to breathe in and out very rapidly." " What?" " Breath in and out as quickly as you can." "Keep it up." "I think your daughter may be suffering from a mild form of epilepsy" " known as absence seizures." " Not ADHD?" "Keep breathing." "It can present similar symptoms." "Oh..." "There she goes again." "Away with the fairies." " It's a seizure brought on by the rapid breathing." " What?" " What just happened?" " Are you all right, love?" "Will she be all right?" "It's treatable with the right medication." "She'll probably outgrow the seizures by early adulthood." "I'll make her an appointment to have an electroencephalogram." "That should confirm the diagnosis." "Well, Dr Bainbridge was so sure it was ADHD." "Yes, it's a classic misdiagnosis." "Once my diagnosis has been confirmed, I'll you prescribe sodium valproate." "That'll work in a few days and you'll notice an improvement in her concentration immediately." "I've got some coley for your cats in my van." "No time, Eric." "Buddy's got to see the Doc." "Reckon we'll get some rain later?" "Angela, haven't seen you for a while!" "How are you?" "Yes, yes, I'm very well, thanks, Sally." " Is your arm OK?" " Can't stop!" " Are you off to see the Doc?" " Can't stop!" "Oh..." "I'm having a barbecue." "Special occasion." "What do you recommend?" "How many are you barbecuing for?" " Four." " Big event, then!" "I need something that says" "I'm a man of the world, but I'm still approachable." " Sardines." " Anything more exotic?" "Italian sardines?" "Perfect." " What are you doing here?" " I've got to see the Doc!" "Is it an emergency?" "Are you all right?" " It's private." " OK." " What's that dog doing here?" " Why did you redecorate?" "It was much nicer when we lived here." "Have you still got that dresser?" "I loved that." " Have you come to have your stitches looked at?" " Buddy knows... how lonely and unhappy you are, and he wants to help you." "You must..." "You must let him into your life." "You need Buddy." " You seem agitated." " Please, listen to your dog." "Accept him." "It's not my dog." "Oh, come on, Doc!" "Let him into your life!" "Shut up." "I need to examine you." " There's nothing wrong with me." " Well..." "I just came to deliver the message." "Come on, Buddy." " Ready?" " Yes." "Don't you want to change?" "We're going to the beach." "Yes, I know." " What's that?" " I've made a picnic." "No, this is my activity." "If I wanted you to make a picnic, I'd have asked." " I wasn't sure I'd like what you made." " You're doing what you were told not to, you're taking control." "Oh, I don't think this is such a good idea." "Now you're doing exactly what Dr Timony said YOU'D do." "I would like you to leave your picnic behind, Martin, and escort me and your son to the beach, please." "Right..." "Do you want me to take your basket?" "No, but I would like you to push James Henry." " If that's what you want." " Yes." " Thank you, Martin." " After you." "Cooking again?" "Oh!" "Oh, my God, Clive!" "Oh, you startled me!" " I don't know what you're up to." " I'm not up to anything." "And I don't want to know." "I do know that I've not been the best of husbands, nor the most attentive, which might have been the cause of some of the... difficulties you've faced in the past." "But I want that to change." "I'd like us to start trusting each other again, to move on, together." "Oh..." "I ran away when you most needed me, Sal, but I'm here." "I came back." "I came back... for you." "Off we go." "Good boy!" "Such a good boy!" "Oh, look at him!" " Oh, his bucket and spade, please." " Yes." "Come on!" " Hey, what are you looking at?" " Sunburn." "Oedema." " What?" " That swelling on your skin." "It's caused by sunburn." "Cover it up." "Make an appointment to see me as soon as possible." "Pervert!" " What a letch!" " Tosser!" "Right." "Here will do." "Er, actually I think it might be better..." "Less shingle." "Martin." "Please." " No." "This is fine." " Good." "So, you set this out and I'll take James." "Good boy!" "We're going to have a lovely time." "A bit thick." "I don't think you've ever had one of these before." "That's right." "Good." "That's it." "That's it." "OK." "Sit down, Martin." "Just leave the blanket alone." "I just want to get the... get the sand off." "It's a beach, Martin." " Yes, but I would like to be comfortable too." " OK." "So, Scotch egg?" " Haven't you got any healthy food?" " No." "It's a picnic, Martin." "Just... try to relax." "Ow!" "Could I have my Frisbee back?" "Martin, just..." "Thanks." "There we go." "Nice." "So, Scotch egg for you." "Scotch egg for you." " They're late." " Only by a few minutes." "Calm down, they'll be here." "What about the rolls?" "Should I have got granary?" "Show a more sophisticated palate." "And there's too many croutons!" "Joe, it's only a barbecue, mate." "Stop panicking." "You're right." "You can't have too many croutons." "Here we are, then." "This all looks great, Joe!" " Crack this open." " I'll have some of that!" "How you doing, Joe?" "The sardines are fresh from the sea." " You know I'm vegetarian?" " Oh..." "I'm teasing!" "I can eat fish." "They're not animals, are they?" "We're building a castle, Martin." "Come and help us." " Yes!" " Right." "Yes." " Is that a turret?" " Yeah, of course." " Why doesn't it look like one, then?" " It looks fine to me." " It's askew." " Yeah, it's how James and I built it." "Yes, but it's still askew." " This is supposed to be fun, Martin." " Yes, it is." "I'll build a curtain wall." "Get away from me!" "Get away!" " Hang on." "Isn't that Angela Sim?" " Where?" " What on earth is she doing?" " No, no!" "Oh, no, no!" " Disgusting!" "Go on!" " Martin?" "Look." "Get away!" "They won't leave me alone!" "Help!" "Leave me!" "Leave me alone!" "Miss Sim?" "These damn birds!" "They won't leave me alone!" " What's wrong with her?" " She's hallucinating." " Stay there." "Miss Sim?" " There's nothing wrong with my hands!" "It's these damn birds that are the problem!" "Oh, wait a minute!" "Vets do this all of the time!" "What have you taken?" " Will you shut up?" "!" " He won't listen to him!" " Won't listen to who?" " To Buddy!" "Oh..." " You've got a great spot here, Joe." " It's one of the perks of the job." "It's even nicer in the evening when there's no-one here." "Perhaps... you'd like to come... one evening." "I think the Doc might need you." " He'll be all right." " It looks serious, Joe." "Careful." "The law never sleeps, I suppose." "I knew what I was getting into when I took the oath, but..." " You should get down there now, mate." " Yeah." "Oh!" "There's more!" "She's clearly deranged." " Take James to the surgery." " Are you sure you'll be OK?" " Yes." " I'll deal with this and then catch you up." " All right." " Miss Sim!" " Belt." " Oh, right." "I'll be back." " I've got to get in the water!" " Miss Sim!" " It's so hot." " What medication have you taken?" "It's the sun, isn't it?" "The sun's attracting the birds!" "What birds?" "You're hallucinating!" "Well, what do you call them, then?" " There's nothing there!" " You WOULD say that!" " What medication have you had?" " He's a fast runner, isn't he?" "Unless you tell me what you've taken, I can't help." "What are you doing?" "I've got to get in the water!" " Here to offer assistance, Doc!" " What?" "Do you want me to Taser her?" "I just need to get her to the surgery until she calms down." "I'm on it." "Stop!" "Halt!" "I've got to get to the water!" "Oh, go away!" "Stop!" "Or I'll be forced to..." "Oh..." "Doesn't look like Joe's coming back, then." "Didn't think I was going to have this much fun." " Glad I came now." " Me too." "I like dinner and a show." "Enrofloxacin is a veterinary antibiotic, it's for cats and dogs." "Here you go." "It's toxic for humans." "Hence the hallucinating." "I know that now, don't I?" "God, I'm thirsty!" "Be careful you don't over-hydrate yourself." " Have you self-medicated with veterinary medicines before?" " I always do." "Not with that one." "I won't make that mistake again." " I'd hope you wouldn't self-medicate again!" " I might." " Most of us do." " Doc, have you finished with me?" " I've got something to attend to." " No." "Wait." " The effects should wear off in a couple of hours." " Doc..." " Be quiet." "Are you allergic to penicillin?" " No." "I'll write a prescription for some NON-veterinary medication." " And PC Penhale will take you back to your home." " I'm able to drive myself." "That's great." "So I'll just head off..." "You're not driving anywhere." "You're under the influence of a drug." "Fine." "I'll do your stitches tomorrow." "You'll hear from the hospital about your nerve conduction tests." "What are you doing?" "Take the dog." " No." "He wants to stay here." " What?" "He wants to be with YOU." "Surely that must be clear by now?" "Oh, no, you don't!" "I paid you ?" "94." "You take that dog with you!" "OK, OK." "I'll take him." "Come, Buddy." "Buddy!" "Penhale." "Get the dog." "Poor Angela." "How is she?" "Completely deranged." "She should be back to her normal self by the morning, though ..." " slightly deranged." " Martin!" "I'm sorry the picnic didn't quite work out." "Yes." "Though I'm quite glad you DID take control of that situation." " Well, somebody had to." "The woman was in crisis." " Yeah." "Did she really think Buddy was talking to her?" " Yeah." " About you?" " Yes." " So what did he say?" "Er, he thinks I'm lonely." " Oh..." " What?" " Nothing." " It's nonsense." " I'm sure." "Buddy!" "No, Buddy!" "Come back here, you little bugger!" "Quick, go inside." "Oh!" "Oh, er..." " Danny... whatshisname." " Lou!" "Hi!" "So you fell in love with someone you thought from the outset wouldn't stay?" "Perhaps you would like to move your things upstairs?" " Erectile dysfunction is not a medical emergency." " It is to me." "Why did you discuss our private life with your friend Danny?"
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49 Hot Pictures Of Glukoza Which Are Really A Sexy Slice From Heaven
The hottest images and pictures of Glukoza are truly epic. While we are talking about Glukoza beauty, skills, and professional life, we want to now take you on a ride through a Glukoza bikini photo gallery. This curated image gallery will showcase some of the sexiest Glukoza bikini pictures that will make you fall in love with Glukoza. So sit back and enjoy a thrill-ride of Glukoza big booty pictures. These Glukoza big butt pictures are sure to leave you mesmerized and awestruck. In this section, enjoy our galleria of Glukoza near-nude pictures as well.
Born as Natalya Ilinichna Ionova on June 7, 1986 in Syzran, Kuybyshevskaya Oblast, Russian SFSR, Soviet Union, she is a Russian singer. Her mother and father are both computer programmers and her older sister is a pastry chef. She was interested in ballet and chess as a child. She also used to do some acting and featured in the movies Triumph and War Of The Princesses, and also some episodes of Yeralash. At present, she is interested in aviation, her two Dobermans, and her yellow Mini Cooper which she loves to drive. She names Madonna, Moby, Mummy Troll and Agatha Kristi as her favorite musical artists.
Glukoza’s music career started in 2002 when the record producer Maxim Fadeev discovered her. They jointly recorded her first album “Glukoza Nostra” and released her first music video “Nenavizhu” (I Hate in English), which was completely computer animated. Her singles were not much popular until 2003, when Glukoza released “Nevesta” which was again supported by a computer animated video. “Nevesta” shot Glukoza to the top of the Russian music charts.
Her musical success has brought to her numerous accolades such as the MTV-EMA award for “Best Russian Act,” the Muz-TV award for “Breakthrough of the Year,” and her animated character was named “Character of Year” by the Russian internet search engine “Rambler.”
Since 2013, Glukoza has given more than 500 concerts in the Far East, Siberia, the Urals, the Volga Region, the Central Russia, Belarus, Ukraine, Central Asia, the Caucasus, London, USA and Kazakhstan. She kept performing at small private concerts all over Russia until January 2007, when she announced that she was going to take a pregnancy break.
After the pregnancy break, she released another single called “Dengi” (Money in English). During the “New Wave” festival, she sang a duet with Maxim Fadeev “Sicily.” Her song “Schweine” was featured in a big way in the video game Grand Theft Auto IV on the game’s Eastern European radio station Vladivostok FM.
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In 2011, Glukoza competed on the Russian version of the television show Fort Boyard. She married Aleksandr Chistyakov on June 17, 2006. They have two daughters: Lidia Chistyakova (born on May 10, 2007) and Vera Chistyakova (born on September 8, 2011). They were both born in Spain and she presently lives in Moscow, Russia with her family.
These sexy Glukoza bikini photos will make you wonder how someone so beautiful could exist. Yes, Glukoza is a very sexy woman and Glukoza’s bra and breast size prove that Glukoza can carry off any dress in style. So, we have also gathered a few Glukoza bikini and swimsuit featuring Glukoza’s face and body pictures as well.
Apart from the mind-blowing images that will show you Glukoza Red carpet images, photos taken of Glukoza bikini images at the beach and those from Glukoza promotional and magazine shoots, we will also show you a few of Glukoza’s cutest pictures, hi-res wallpapers, high-quality background, and animated GIFs.
The hottest images and pictures of Glukoza are truly epic. While we are talking about Glukoza beauty, skills, and professional life, we want to now take you on a ride through a Glukoza bikini photo gallery. This curated image gallery will showcase some of the sexiest Glukoza bikini pictures that will make you fall in love with Glukoza. So sit back and enjoy a thrill-ride of Glukoza big booty pictures. These Glukoza big butt pictures are sure to leave you mesmerized and awestruck. In this section, enjoy our galleria of Glukoza near-nude pictures as well.
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[Biliary ascariasis. Experience at the Dr. Manuel Gea Gonzáles General Hospital].
Six cases of biliary ascariasis were treated at Dr. Manuel Gea González General Hospital in the last sixteen years. The patient population consisted of five female and one male subjects. With a median age of 39 years. Main clinical manifestations were abdominal pain mimicking biliary colic, nausea, vomiting and jaundice. Diagnosis was established during surgery in four patients and by means of abdominal sonogram and endoscopic retrograde cholangiopancreatogram in two cases. Cholecystitis diagnosis was considered preoperatively in three patients and cholangitis in another one. Five patients were operated on and in one case the worm was successfully removed with the endoscope. Only one patient was complicated with biliary peritonitis, hepatic abscess and reinfestation. No deaths occurred. Mexican literature published in the lasts 25 years is reviewed and the current state in diagnosis and treatment concerning this entity is discussed in this paper.
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Portal 2 Co-Op Screens
Valve has used PAX to release a few images highlighting the co-op mode that will be present in Portal 2.
If you’ve been following announcements about the game, you’ll know that in co-op the playable characters are a modified GLaDOS personality core and modified defence turret. As yet, these chaps are unnamed, so I’m going to opt for calling them Whizzer and Chips.
Look below for robo-empathy images.
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Q:
ODS file to JSON
I would like to convert my speadsheet of data to a JSON array of array.
This site do it: http://www.shancarter.com/data_converter/index.html
And I looked into the source code.
But what I would like is a macro / script / extension or any way to programm it to convert my .ods into a JSON file:
Like:
NAME VALUE COLOR DATE
Alan 12 blue Sep. 25, 2009
Shan 13 "green blue" Sep. 27, 2009
John 45 orange Sep. 29, 2009
Minna 27 teal Sep. 30, 2009
To:
[
["Alan",12,"blue","Sep. 25, 2009"],
["Shan",13,"green\tblue","Sep. 27, 2009"],
["John",45,"orange","Sep. 29, 2009"],
["Minna",27,"teal","Sep. 30, 2009"]
]
A:
The answer might be again late but marcoconti83 has done exactly that: reading a ods file and return them as two dimensional arrays.
https://github.com/marcoconti83/read-ods-with-odfpy/blob/master/ODSReader.py
Once you have the data in arrays, it's not that difficult to get them into a json file. Here's example code:
import json
from odftoarray import ODSReader # renamed the file to odftoarray.py
r = ODSReader("your_file.ods")
arrays = r.getSheet("your_data_sheet_name")
json.dumps(arrays)
A:
This may be a bit late but for those who come looking and want to do this it would likely be best to save the .ods file as .csv which nearly all spreadsheet programs can do. Then use something like this to convert it:
import csv
import sys
import json, os
def convert(csv_filename, fieldnames):
print ("Opening CSV file: ",csv_filename)
f=open(csv_filename, 'r')
csv_reader = csv.DictReader(f,fieldnames)
json_filename = csv_filename.split(".")[0]+".json"
print ("Saving JSON to file: ",json_filename)
jsonf = open(json_filename,'w')
data = json.dumps([r for r in csv_reader])
jsonf.write(data)
f.close()
jsonf.close()
csvfile = ('path/to/the/csv/file.csv')
field_names = [
"a",
"list",
"of",
"fieldnames"
]
convert(csvfile, field_names)
And a tip, csv is pretty human readable so just go through and make sure it saved in the format you want and then run this script to convert it to JSON. Check it out in a JSON viewer like JSONView and then you should be good to go!
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Electooptic Fresnel lens-scanner with an array of channel waveguides.
A new type of beam scanner is discussed based on a 1-D Fresnel zone plate consisting of titanium-diffused channel waveguides on LiNbO3. By electrooptically controlling the guided-wave phase, both beam scanning and 1-D focusing are achieved without a condensing lens. It was experimentally confirmed using the scanner with twenty-one Fresnel zones that the beam spot with a diameter of approximately 50 microm at half-power level of diffraction pattern is scanned over a distance of +/-70 microm in the focal plane with an applied voltage of +/-40 V at 633 nm.
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Care closer to home.
In 2008, in total there were 202 158 abortions performed in England and Wales and 13 817 in Scotland, unfortunately one of the most common gynaecological procedures. 'Care closer to home' applied to this service, as part of a holistic integrated care pathway, can improve access and choice and reduce cost whilst continuing to focus on clinical quality and safety and work towards reducing the number of primary and repeat abortions. Whilst constraints remain within Law, there are ways to change services to help reduce barriers to access not just to abortion but also the essential allied interventions of contraception, sexual health and counselling and support. The first will be reflected in the number of women able to have their abortions earlier, therefore more safely and at lesser cost. It would build on service changes to date, which has allowed women more choice of the method of abortion. The integration of contraceptive services should impact positively on the currently high level of repeat abortions. Bringing care closer to home, into the communities within which women spend their lives, is an important strategy in addressing the quality agenda in abortion care.
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Wyatt Gaines
Deschutes County residents could vote on a ballot measure in November to prohibit the county from enforcing gun laws.
The proposed measure, called the Second Amendment Preservation Ordinance, would broadly re-interpret the U.S. and Oregon Constitutions' right to bear arms and add "ancillary firearms rights." The Deschutes County sheriff would decide whether any local, state or federal gun law is unconstitutional, under the measure's broader interpretations of those rights. And if the sheriff thinks a law is unconstitutional, the measure would forbid the county from enforcing it. Individual violations could result in a fine of up to $2,000.
The measure defines ancillary firearms rights as "rights that are closely related to the right to keep and bear arms protected by the Second Amendment; including the right to manufacture, transfer, buy and sell firearms, firearm accessories and ammunition."
Redmond resident Jerrad Robison is the chief petitioner on the initiative. He's joined by three other Redmond residents, including B.J. Soper, who's involved with the Pacific Patriots Network and Oregon Oath Keepers.
"Our Second Amendment has been attacked over and over," Robison said. "It's time for us to take the offensive and stop all of this."
He pointed to a statewide ballot initiative, IP-43, as an example of such attacks. IP-43 would forbid sales and transfers of assault rifles and high-capacity magazines in Oregon. Supporters could begin collecting signatures soon to place it on the November ballot.
"IP-43 is one of the most unconstitutional things I've ever seen," Robison said. He worries that it, like other restrictions on gun rights, could be forced onto rural counties by voters in Portland, Eugene and Salem.
He said the Second Amendment Preservation Ordinance would counter it and other gun laws he believes are unconstitutional. Supporters hope to have it adopted by county lawmakers or voters in every Oregon county. "We're doing this at a grassroots level, county by county. We're letting the citizens of the counties decide, rather than the state," he said.
Penny Okamoto, executive director of Ceasefire Oregon, the group behind IP-43, believes that Robison has it backward. She argues that it's the Second Amendment Preservation Ordinance that's unconstitutional because local law cannot pre-empt state and federal laws.
"These types of laws might make someone feel good about something, but they aren't constitutional and are setting up counties for a lawsuit that I truly hope never happens because it would probably be someone who was shot because the law wasn't enforced suing the county," she said.
Others who might have standing to sue could include a county official fired for enforcing a gun law that the sheriff has declared unconstitutional under the ordinance.
Okamoto also suggested such laws could encourage criminal activity. "When law enforcement officials say they are not going to enforce laws like Oregon's universal background laws, it invites criminals to come to the county to buy guns because law enforcement won't do anything about it," she said.
Local law enforcement
Deschutes County Sheriff Shane Nelson recently publicly announced opposition to IP-43 and support for the Second Amendment. While he agrees with the ideals behind the Second Amendment Preservation Ordinance, he says he does not support it as a ballot initiative.
"I respect and understand the reasoning to want to establish this type of ordinance and I support the spirit of the ordinance, but I believe that the U. S. Constitution carries much more weight and respect than a county ordinance. I believe the Second Amendment is sufficient and this would not be an effective or good use of county ordinances," he said via an email from a department spokesman.
He also said that the better way to deal with unconstitutional laws is to work through the courts, advocacy organizations and the legislature to change them.
Nelson added that he does not agree with a local ordinance giving him additional job responsibilities—such as deciding if gun laws are constitutional—that go beyond what state law sets out as his job description.
Under state law, District Attorney John Hummel was responsible for writing the ballot title and summary of the measure, which you can read on the Source website.
"Oregon law required me to succinctly and accurately describe the content of the proposed ballot measure and to explain the result of its passage. I worked hard to craft a summary that will well inform voters and I'm proud of the result," he said. "Now that my legal work is done, I hope voters join me in rejecting this proposal that is clearly unconstitutional and, if enacted, would make our community less safe."
Already the law elsewhere
The Deschutes County version of the Second Amendment Preservation Ordinance is somewhat vague on the specifics, but a version already adopted in other Oregon counties was clearer.
In 2015, Coos County voted 61 percent to 39 percent to adopt a similar measure. The same year, the Wheeler County Court unanimously adopted one without even going to voters. Those counties' versions explain that laws regulating semi-automatic weapons, assault-style firearms, magazine size, ammunition types and modifications such as bump stocks are all unenforceable in the counties. They also remove background check requirements for private and internet sales.
Coos County Sheriff Craig Zanni said that since the Second Amendment Preservation Ordinance passed there, it has not affected his job and he has not been asked to determine whether any local, state or federal gun law is constitutional. He supports its spirit, though.
"I think it makes a great statement about putting more restrictions on law-abiding citizens instead of dealing with people who are violating the laws we already have," Zanni said.
Supporters of the Deschutes County Second Amendment Preservation Ordinance must collect 4,144 verified signatures by Aug. 6 to place the measure on the Nov. 6 ballot.
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Reduced frequency of memory CD8+ T lymphocytes in cerebrospinal fluid and blood of patients with multiple sclerosis.
Three color flow cytometry was used to analyze immunoregulatory lymphocyte subsets in peripheral blood (PB) and cerebrospinal fluid (CSF) of 21 patients with multiple sclerosis (MS) and 15 age-matched healthy control subjects. Two cell surface antigens associated with T lymphocyte memory and activation, CD45R0 and CD29, were analyzed on the CD4+ and CD8+ subpopulations, respectively. A selective decrease in the expression of the CD45R0 isoform among CD8+ cells was noted in both PB (p < 0.005) and CSF (p > 0.0001) of patients with MS as compared with the control group while the expression of CD29 did not differ between the groups. These changes could indicate a defective differentiation into mature memory CD8+ T lymphocytes in patients with MS. Furthermore, the CD3+CD16/56+ T lymphocyte subset capable of mediating NK cell-like activities was investigated. Although this cell population is quantitatively small, a significant reduction of the proportion of this cell type was detected in both BP and CSF of the MS group compared with the controls (p < 0.01 and p > 0.001, respectively). Further studies are needed to establish the role of these observations in the pathogenesis of MS.
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INTRODUCTION {#sec1-1}
============
The health sciences are undergoing great changes in the way they produce, use, and interpret knowledge; hence professionals must constantly try to keep abreast of the latest advances. The analysis of scientific research in biomedical fields is a complex process, and no methodology has been developed that fully satisfies the needs of researchers, institutions, and administrators. The analysis of publications is one of the most widespread approaches, but has also drawn the most criticism. Despite the controversies, very few objective data have been published to determine research ranking in the field of dentistry. This kind of analysis may help inform the development of scientific and technological policies in dentistry, of special relevance in emerging economies that are currently undergoing rapid transformation.\[[@CIT1]\]
India had ranked 26^th^ position in terms of number of peer-reviewed published dental manuscripts in the period 1999--2003 using ISI database approach (0.66% of all contribution globally). This was produced by 366 authors, with a productivity of 0.361, a mean of inter-annual variation rate of percentual average increase during the study of the productivity and the number Indian authors as 16.31, relative specialization index as 11.01, specific weighting of the dental scientific production of India in relation to its general scientific production as 0.241, weighted impact factor of 1.025 and relative impact factor of 0.964, mean citation rate for each document as 2.05 and nine documents from India in the five top 5 journals with highest impact factor.\[[@CIT1]\]
PubMed-Medline is a widely used database created by the National Center for Biotechnology Information and National Institute of Health, USA. This database is updated almost daily and contains details of millions of manuscripts in the field of life sciences. It is the most widely used search tool for millions of health and life sciences researchers. PubMed-Medline is the NLM's (National Library of Medicine, USA) premier online bibliographic database which is freely accessible, and covers all the fields such as medicine, nursing, dentistry, veterinary medicine, health care system, and the preclinical sciences.\[[@CIT2]\]
Against this background of achievement and ongoing challenges, this study was undertaken to assess the trends in Conservative Dentistry and Endodontics Publication by Indians in PubMed-Medline database during 1996--2009.
MATERIALS AND METHODS {#sec1-2}
=====================
During the first fortnight of January 2010, data were collected using the method as described below. Using the time limitation of publication date limit of 1^st^ January 1996 to 31^st^ December 2009, all articles where author's affiliation had the words "Dental" AND "India" were selected. No journal or types of article limitation were set. All articles, from all types of journal including basic sciences, clinical medical sciences, and dental journals were included. All the articles that were displayed were considered for the analysis. The following criteria were followed for accumulating the data: (A) First author's affiliation was only considered for the study. (B) Non-dental (medical articles) from dental institutions were also included for the study, but under a separate category. (C) Only Indian institutions were considered for the study.
From this collection of articles, the following were noted down: year of publication, number of authors, name of the journal, reach of the journal (depending on the readership--specialty/general dental/medical journal or others), status of the journal (published in India or at other nations), specialty (dental) of the first author (all dental specialties, basic medical sciences, or others), state of origin, type of research (case reports \[including case series\]/reviews \[excluding systematic review\]/original research \[encompass epidemiological, comparative, qualitative, cross sectional, longitudinal, *In vivo* and clinical trial studies\]/technical notes/others \[such as editorial, *etc*\]). There were certain issues such as improper citation of name of the institution/department and noncitation of state of origin. Considering the data as visible on the National Institute of Health Website, the database for the study was prepared and no corrections and addition/deletions were performed by the author. Those data that were missing were labeled as "not mentioned".
All data thus gathered were entered in SPSS software version 16.0. From this database, the performance of Department of Conservative Dentist and Endodontist was presented. Descriptive analysis was performed and presented. Interannual distributions, statewise distribution, and types of research are presented. Mean number of authors per document in each year is also presented. Microsoft Excel 2007 was used to assess the trend analysis using the present trend of growth of research outputs.
RESULTS {#sec1-3}
=======
Employing the methodology mentioned, search was carried out in first fortnight of January 2010. The number of articles published by Conservative Dentists and Endodontists was 124. Among them, 63 got published in international journals and 61 in Indian journals.[Table 1](#T0001){ref-type="table"} shows the list of journals which had publications by Conservative Dentists and Endodontists during the study period. A majority of 33 journals were published in *Indian Journal of Dental Research* followed by 25 in the *Journal of Conservative Dentistry*. [Table 2](#T0002){ref-type="table"} shows the distribution of publications by Conservative Dentists and Endodontists, along with the mean number of authors, when the journals were categorized based on their type, location of publication, and the type of articles published. Out of the overall 124 articles, 66 were on the basis of original research done by the authors. [Table 3](#T0003){ref-type="table"} shows the statewise distribution of the publication trends during the study period. Nearly, 45.2% of the published articles were from the institutes in Tamil Nadu, followed by Karnataka (30.6%) and Maharashtra (8.1%). [Table 4](#T0004){ref-type="table"} shows the trend of publications by Conservative Dentists and Endodontists during the study period. Although the overall distribution of the publication trend seems to be constant from 1996 to 2006, there seems to be boom in the publication trend in 2007 with around 21 articles in 2007 that has increased to 41 in 2009.
######
List of journals which had publications by Conservative Dentists and Endodontists during the study period (1996--2009)
Name of Journal Number of articles published
--------------------------------------------- ------------------------------
*Aust Endo J* 3 (2.4)
*Am J Ortho Dentofacial Orthopaedics* 1 (0.8)
*California JCDA* 1 (0.8)
*Dental Traumatology* 2 (1.6)
*Dental Update* 2 (1.6)
*IEJ* 2 (1.6)
*Indian J Dent Res* 33 (26.6)
*Int Endod J* 1 (0.8)
*Int J Pedia Dent* 1 (0.8)
*J Clin Pedia Dent* 2 (1.6)
*J Cons Dent* 25 (20.2)
*J Endo* 21 (16.93)
*J Indian Soc Pedod Prev Dent* 3 (2.4)
*J Cont Dent Practice* 1 (0.8)
*J Oral Rehabil* 1 (0.8)
*Kathmandu Univ Med J (KUMJ)* 7 (5.6)
*N Y State Dent J* 2 (1.6)
*Oper Dent* 6 (4.8)
*Oral Surg Oral Med Oral pathol OralRadiol* 9 (7.2)
*Endod*
*Quintessence Int* 1 (0.8)
*Total* 124
Figures in parentheses are in percentage
######
Depicting the mean number of authors among reach, status of journals, and type of articles
Type of journal based on reach Number of publications Mean ± SD number of authors *P* value
-------------------------------------------------- ------------------------ ----------------------------- -----------
Type of journal based on reach 0.285
Specialty dental journals 69 (55.6) 3.12 ± 1.34
General dental journals 46 (37.1) 2.89 ± 1.15
Medical journals 7 (5.6) 3.86 ± 0.69
Others 2 (1.6) 3
Type of journal based on location of publication 0.177
Indian 61 (49.2) 2.92 ±1.38
International 63 (50.8) 3.22 ± 1.09
Type of article 0.00
Case report 35 (28.2) 3.57±1.19
Research 66 (53.2) 3.11± 1.15
Technical note 1 (0.8) 2
Review 18 (14.5) 2.5 ± 1.2
Editorial 4 (3.2) 1
Figures in parentheses are in percentage
######
The statewise distribution of the publication trends during the study period
Name of the state Number of publications Mean ± SD number of authors
------------------- ------------------------ -----------------------------
Karnataka 38 (30.6) 3.21 ± 1.31
Tamil Nadu 56 (45.2) 3.18
Punjab 2 (1.6) 1.5 ± 0.7
Maharashtra 10 (8.1) 3.7 ± 1.63
Goa 1 (0.8) 3
Gujarat 1 (0.8) 2
Haryana 8 (6.5) 2.38 ± 0.51
Madhya Pradesh 1 (0.8) 3
Pondycherry 2 (1.6) 1
Rajasthan 1 (0.8) 2
Uttar Pradesh 4 (3.2) 2.5 ± 0.57
Total 124
Figures in parentheses are in percentage
######
Distribution based on the trend of publications by Conservative Dentists and Endodontists during the study period
Year of publication Number of publications
--------------------- ------------------------
1996 1 (0.8)
1997 1 (0.8)
1998 4 (3.2)
1999 5 (4)
2000 3 (2.4)
2001 3 (2.4)
2002 5 (4)
2003 4 (3.2)
2004 2 (1.6)
2005 6 (4.8)
2006 9 (7.3)
2007 21 (16.9)
2008 19 (15.3)
2009 41 (33.1)
Total 124
Figures in parentheses are in percentage
The projection of the growth trend is depicted in Figures [1](#F0001){ref-type="fig"} and [2](#F0002){ref-type="fig"}. By the year 2050, approximately 108 articles are expected to be produced if the trend of 1996--2007 continues. However, if the trend of 2005--2009 were considered, the number of article per year in 2050 would be above 360.
{#F0001}
{#F0002}
DISCUSSION {#sec1-4}
==========
Health care professionals usually base their decisions on professional experience, prevailing clinical practice, standard procedures, training or expert guidance, peer consultation, and knowledge acquired in dental school, seminars, and continuing education programs. Clinical experience, technical expertise, and critical judgment are essential, but not sufficient. Due to the complexity of information, scientific support to clinical practice must be sought in the medical literature and derived from methodologically validated tools. Therefore, it is essential that surveys should be undertaken, for they provide scientific basis to professionals in their search for better quality of life standards for the population. Hence, the importance of bibliometrics, which is being increasingly used in analyses of scientific production, and has become a statistical support device that allows mapping and generating different information and knowledge handling and management indicators, particularly in scientific, technological, and productivity-related information and communication systems necessary to the planning, evaluation, and management of a given scientific community or country.\[[@CIT3]\]
Publication analysis, as with any method chosen to assess scientific production, does not cover the entirety of scientific production. However, PubMed-Medline is not representative of entirety of the peer-reviewed publication.\[[@CIT1]\] However, similar approach has been successfully used in other partial analysis of dental research production.\[[@CIT2][@CIT4]--[@CIT6]\] Furthermore, this article suffers from a drawback of being quantitative and not qualitative.
Most of these articles published by Conservative Dentists and Endodontists are from institutional and largely private institutions. There is a drastic increase in the number of publications since 2007. This phenomenon could be explained by an increase in the number of Dental colleges across India and conservative dentistry and endodontics post-graduation seats.\[[@CIT7]\] As there are very few articles in this aspect to refute the results of this study, the results of this study cannot be compared against any published literature.
Of late, there has been an encouraging trend in the *Journal of Conservative Dentistry* (JCD), the official *Journal of Federation of Operative Dentistry*. The endeavor of the *Journal of Conservative Dentistry* is not only to provide a platform for the dissemination of knowledge being generated in this field across the country, but also to be the harbinger of change and betterment in clinical practice among professionals.\[[@CIT8]\] The mission of a journal is not only to serve as a portal of dissemination of research knowledge, but also to ensure that vital information reaches as many students, teachers, and researchers as possible. Indexing of a journal by reputed agencies helps one to achieve this task.\[[@CIT9]\] The indexing of *JCD* in Medline will definitely bring a welcome change in further increasing the publication trends among the Indian Conservative Dentists and Endodontists as they now have an indexed portal for reaching out their scientific contributions.
The drastic increase in publication in 2007 could also be due to the following reasons: (1) increase in quantity and quality of conservative dentists and endodontists, (2) change in policy of the Indian dental academic circles, (3) increasing opportunities, (4) increase in number of journals published from India, (5) increasing the global presence of Indian diasporas who helped their Indian dental friends, (6) increasing government funding opportunities or a combination of all or some of these factors. This is highlighted by the difference in trend analysis between Figures [1](#F0001){ref-type="fig"} and [2](#F0002){ref-type="fig"}. This appreciation of numbers is a highly needed change to increase the global presence of Indian Conservative Dentists and Endodontists.
CONCLUSION {#sec1-5}
==========
Descriptive study of Conservative Dentists and Endodontists' publication during 1996--2009 in PubMed-Medline database is presented. The loco-regional variation and interannual variation are presented. The result of this study clearly shows the lacunae of Conservative Dentists and Endodontists' contribution to Indian Research Publications. Efforts should be made by Conservative Dentists and Endodontists in India to increase their global presence in the front of scientific contributions, as this information could be used by various professional societies, individual scientists, scholarly institutions, and funding organizations to frame essential policies regarding the improvement of the science of Conservative Dentists and Endodontists and to the benefit of common Indians.
**Source of Support:** Nil
**Conflict of Interest:** None declared
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A power grid is a complex and dynamic system that is difficult to manage. Among the power grid issues to be managed is an island condition in the power grid system in which one or more parts of the grid become segregated from the main grid.
In general, an island condition occurs when an islanding event causes a change in topology. One type of topology change is a branch topology change, which occurs, for example, when a line and transformer trips due to the opening of a circuit breaker at one end (or possibly both ends) of a component. Another type of topology change is a bus topology change, which occurs, for example, when a bus splits due to the opening of a circuit breaker connecting two buses.
When an island condition occurs, an island resynchronization action (or set of actions) needs to be performed by power system operator(s) to couple the segregated grid or grids back to the main grid. This can be a complicated task, with many options available to the power system operator(s). In addition, as an island is resynchronized, status information and other data change as a result of the resynchronization transition.
The above-described background relating to power grid systems is merely intended to provide a contextual overview of some current issues, and is not intended to be exhaustive. Other contextual information may become further apparent upon review of the following detailed description.
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Marion Local seniors, from left, Kristin Bergman, Megan Barhorst and Abby Niekamp, have been key components of the Flyers' success this season. The big-hiting trio will play in the Division IV state semifinals on Friday at the Nutter Center against Newark Catholic.
MARIA STEIN - The New York Yankees of the 1920s had their Murderers' Row featuring Babe Ruth and Lou Gehrig. The Detroit Red Wings of the 1940s and '50s had their Production Line with Gordie Howe, Sid Abel and Ted Lindsay and of . . .
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188 Wis.2d 389 (1994)
525 N.W.2d 278
Joyce BENSON, Arthur Budzak, Connie Cotter, Donald Duppler, Dave E. Genzmer, Paul Hallingstad, Mary Ann Kellman, Keith Larson, Helen Lawinger, Barbara J. Marten, Susan Mc Cord-Lehman, Yvonne R. Meyer, Rolf Mjaanes, Paul E. Olson, Arless Randall, Marjorie Reek, Delores Rinehart, Carla D. Wuebben, and the Class of Persons Similarly Situated, Plaintiffs-Appellants,
v.
Gary I. GATES, the Wisconsin Employe Trust Funds Board, and the Department of Employe Trust Funds, Defendants-Respondents.
No. 92-3225.
Court of Appeals of Wisconsin.
Oral argument May 9, 1994.
Decided October 20, 1994.
*390 For the plaintiffs-appellants the cause was submitted on the briefs of Simon M. Karter of Wendel & Center of Madison, and orally argued by Simon M. Karter.
For the defendants-respondents the cause was submitted on the brief of James E. Doyle, attorney general, and Warren M. Schmidt, assistant attorney general, and orally argued by Warren M. Schmidt.
Before Eich, C.J., Sundby and Anderson, JJ.
SUNDBY, J.
Plaintiffs-Appellants are active or retired Wisconsin public school teachers who seek "creditable service" under § 42.245(1), STATS., 1965, for Wisconsin teaching prior to September 11, 1965. Respondents are the Department of Employe Trust Funds, the Employe Trust Funds Board, and the secretary of the Department.[1] The teachers are similarly *391 situated to the successful plaintiff in Schmidt v. Wisconsin Employe Trust Funds Board, 153 Wis. 2d 35, 449 N.W.2d 268 (1990), with one important exception: if the Board's construction of § 40.08(10), STATS.,[2] is correct, the teachers' claims are time-barred. The teachers seek declaratory, mandamus and other relief to have the Department and the Board grant them service credits under § 42.245(1), irrespective of § 40.08(10).
The trial court dismissed the teachers' action because several of them failed to resort to the Department and the Board before they began this action, and others failed to exhaust administrative remedies they had initiated under § 40.03(1)(j), STATS.
We conclude that WIS. ADM. CODE § ETF 11.08(2)(b)3 which requires that the hearing examiner dismiss any appeal time-barred under § 40.08(10), STATS., makes prior resort to the Department and exhaustion of the teachers' administrative remedies futile. We further conclude that the period of limitation under § 40.08(10) within which errors in computing teachers' service credits may be corrected begins to run when the Department determines a participant's benefits *392 upon retirement. We reject the Board's alternative defenses, reverse the order dismissing the teachers' action, and remand this cause to the trial court to direct the Department and the Board to determine and grant the teachers teaching service credits to which they are entitled under this opinion. We affirm that part of the trial court's order which dismissed the interest claims of those teachers who the Department has previously granted teaching service credits.
James Schmidt, the plaintiff in Schmidt v. Wisconsin Employe Trust Funds Board, began teaching at a Wisconsin public school in 1957 and left teaching in 1963.[3]
*393 As a public school teacher, [Schmidt] was automatically included in the "combined" (with social security) group of the State Teachers Retirement System (STRS). Sec. 42.241(2)(b), Stats. (1957). After terminating his employment as a Wisconsin public school teacher in 1963, he applied for a separation benefit, consisting of his "member's deposits" plus accrued interest[1] under sec. 42.242(5), Stats. (1963). In order to receive his member's deposits, he was required by sec. 42.242(5), Stats. (1963) to sign "a full and complete discharge and release of all right, interest or claim on the part of such member to state deposit accumulations." He signed such a statement and received his member's deposits plus interest.
Mr. Schmidt returned to Wisconsin teaching in 1964 and was again automatically a combined group STRS member. Sec. 42.241(2), Stats. (1963). Thereafter, on September 11, 1965, the "formula group" portion of the STRS was created. Sec. 42.244, Stats. (1965). He elected to be a member of the formula group. The retirement benefit available under the "formula group" then was determined by *394 multiplying "final average compensation"[2] times a formula factor times the years of creditable service. Sec. 42.245(1) and (2), Stats. (1965). Years of creditable service thus became part of the primary method for determining the amount of STRS retirement benefit. This contrasted with the benefit determination method under the preceding "separate group" (without social security) and "combined group" (with social security) wherein the benefit was determined on a money purchase basis from the accumulations from "member's" and "state" deposits. See secs. 42.242(1) and 42.49(2) and (3), Stats. (1963).[3]
The STRS submitted annual statements of account to its participants which contained a statement of "years of Wisconsin teaching service." Following the creation of the formula plan in 1965, the Department of Employe Trust Funds began an audit of all 70,000 teacher accounts to establish which "years of Wisconsin teaching" constituted years of "creditable service" under the formula plan. When, in 1977, the Department completed this audit, the annual statements of account were corrected to reflect years of "creditable service." Mr. Schmidt's statement of account for 1977 and thereafter indicated six years less service than his previous statements due to his receipt of a separation benefit for the years 1957-63.
*395 Mr. Schmidt appealed the Department's determination to deny him creditable service for the 1957-63 years to the ETFB [Employe Trust Funds Board] under sec. 40.03(1)(j), Stats.[4]
The Board concedes that the teachers present employment and retirement plan participation which, like Schmidt, entitle them to teaching service credits under § 42.245(1), STATS., 1965. However, unlike Schmidt, the teachers did not apply for such credits within seven years after the Department's "alleged error" in calculating their credits, or by January 1, 1987. The Board claims that the teachers should have known the Department's position when their "Years of Wisconsin Teaching Service" shown on their annual account statements changed after the Department completed its survey. Schmidt's annual statement received in 1977 (for 1976) showed eighteen years of Wisconsin teaching service, and his 1978 statement (for 1977) showed thirteen years of service.
After the Schmidt decision, some of the teachers inquired of the Department as to the effect of the decision on their right to teaching service credits. The Department informed them that Schmidt affected only the plaintiff therein and, in any event, their claims were time-barred by § 40.08(10), STATS.
We first examine the statute upon which the teachers base their claims.
Section 42.245(1), STATS., 1965, provided:
(a) Creditable service shall be expressed in years and such fractions thereof as the board determines. The creditable service of each member any time prior to July 1, 1966, shall be the number of years of service as a teacher in Wisconsin teaching *396 (including prior service) therefore creditable to him pursuant to the applicable statutes and rules
....
. . . .
(c) Creditable service for Wisconsin teaching prior to September 11, 1965[,] shall be reduced by one-half of any period included therein with respect to which the required deposits of a member have been withdrawn, unless repayment of any such withdrawal has been made prior to July 1, 1966, pursuant to any applicable law. Nothing in this paragraph shall be construed to reinstate any rights waived in connection with the payment of a withdrawal or separation benefit.
For purposes of its motion to dismiss, the Board accepts that the teachers would be eligible for "creditable service" under § 42.245(1) STATS., 1965, except for the time-bar of § 40.08(10), STATS. In this action, the teachers seek to review the Department's and the Board's determination that § 40.08(10) bars their claims. However, the trial court concluded that the teachers must first resort to the agencies, and, if dissatisfied, to the courts by certiorari under § 40.08(12), STATS.
The teachers argue that the doctrines of primary resort and exhaustion of administrative remedies do not apply because the Department and the Board by administrative rule have made those remedies futile. We agree.
Section 40.03(1)(j), STATS., provides for an appeal from a determination of the Department to the Board; § 40.08(12), STATS., provides for certiorari review of a decision of the Board.
Where a statute sets forth a procedure for review of an administrative decision, such remedy *397 is exclusive, unless the remedy is inadequate. Nodell Inv. Corp. v. Glendale, 78 Wis. 2d 416, 422, 254 N.W.2d 310, 314 (1977). This requirement is sometimes termed the exhaustion of remedies doctrine and sometimes the primary jurisdiction doctrine. Here, the exhaustion of remedies doctrine applies rather than the primary jurisdiction doctrine because the administrative process began when the County addressed the classification of its jailers under § 40.02(48)(a), Stats. See Nodell, 78 Wis. 2d at 427 n.13, 254 N.W.2d at 316 n.13 (if administrative procedure has begun, the primary jurisdiction rule does not apply).
The premise of the ... rule is that the administrative remedy: (1) is available to the party on his or her initiative, (2) is relatively rapid, and (3) will protect the party's claim of right. Nodell, 78 Wis. 2d at 424, 254 N.W.2d at 315....
The exhaustion rule is a doctrine of judicial restraint which the legislature and the courts have evolved in drawing the boundary line between administrative and judicial spheres of activity. Castelaz v. Milwaukee, 94 Wis. 2d 513, 532, 289 N.W.2d 259, 268 (1980) (quoting Nodell, 78 Wis. 2d at 424, 254 N.W.2d at 315).... The exhaustion doctrine is premised on the notions that the expertise that comes with experience, and the fact-finding facility that comes with flexible procedures, enables the administrative agency to perform a valuable public function. Wisconsin Collectors Ass'n v. Thorp Finance Corp., 32 Wis. 2d 36, 44, 145 N.W.2d 33, 36 (1966). While Wisconsin Collectors discussed the primary jurisdiction rule, we noted in Village of Thiensville v. DNR, 130 Wis. 2d 276, 282 n.2, 386 N.W.2d 519, 522 n.2 (Ct. App. 1986), that the doctrines of exhaustion of remedies and primary jurisdiction have developed into complementary parts of a general principle. *398 County of La Crosse v. WERC, 170 Wis. 2d 155, 175-77, 488 N.W.2d 94, 102 (Ct. App. 1992), rev'd on other grounds, 180 Wis. 2d 100, 508 N.W.2d 9 (1993).
The teachers argue that the principles which underpin the doctrine of judicial restraintagency expertise and fact-finding facilitydo not support primary resort to the Department and Board, or exhaustion of remedies, because the Department and the Board have already determined that they may not grant teaching service credits under § 42.245(1), STATS., 1965, to teachers who did not and cannot present their claims within the period prescribed by § 40.08(10), STATS. Again, we agree.
After Schmidt was decided, the chair of the Board and the chair of the Teachers Retirement Board inquired of the Attorney General as to the power of the boards to overrule or ameliorate determinations of the Department. One of the questions the chairs asked the Attorney General was plainly precipitated by Schmidt and inquiries the Department was receiving from teachers entitled to service credits under § 42.245(1), STATS., 1965. The question was: "When the ... Board believes that the facts of a case are consistent with a previous case which has been adjudicated by a court, may the Board decide to apply the same judicial doctrines as applied by the court in such earlier case (e.g. equitable estoppel)?" 79 Op. Att'y Gen. 139, 144 (1990). In Schmidt, the court noted that the teachers' retirement system had issued a pamphlet in 1966 which informed members that additional retirement benefits were available under § 42.245(1), STATS., 1965, to eligible plan participants. 153 Wis. 2d at 47-48, 449 N.W.2d at 273. The court said: "To go back now, well after the fact, and change the plain meaning of statutory language so it will comport with an overly complicated and *399 self-serving interpretation would not be equitable." Id. at 48-49, 449 N.W.2d at 273 (emphasis added).
The Attorney General opined that equitable estoppel "is rarely applied to action or inaction by the government.... Without additional facts, it is very difficult to conclude that the ETF Board's limited equity powers under section 40.03(1)(a)[, STATS.,] would permit the application of this doctrine to situations under section 40.03(1)(a)." 79 Op. Att'y Gen. at 145-46. The Attorney General further opined that the secretary of the Department did not have power to correct an administrative error unless expressly granted such power by the legislature. Id. at 148.
With the Attorney General's opinion as its guide, the Department embarked on rulemaking. It adopted WIS. ADM. CODE § ETF 11.03(1)(a) which provides:
An appeal seeking correction of an alleged error with respect to service credits or contribution, premium or benefit payments is barred unless commenced within 7 years after the date of the alleged error .... Where an alleged error has been incorporated in department records and relied upon in subsequent administration of ch. 40, Stats., benefits, the date of the alleged error for the purposes of this section and s. 40.08(10), Stats., is the earliest date on which the aggrieved person discovered, or should reasonably have discovered, the alleged error.
This rule could require fact-finding by the Department to determine when the plan participant discovered, or should reasonably have discovered, the Department's error. However, the Department and the Board have already determined that an error involving creditable service for a given year occurs on the date of the annual statement to the participant which shows *400 the error, not a subsequent date on which the alleged error is used to calculate retirement benefits or repurchase forfeited service. In a note to § ETF 11.03(1)(a), the Department gives the following example:
Example: If an alleged error involves creditable service for a given year, and the amount of service credited was first reported to the participant on an annual statement the following year, the date of the alleged error is the date of the report to the participant, not a subsequent date on which the alleged error in creditable service is used to calculate retirement benefits or repurchase of forfeited service.
Plainly, the Department intended by this example to inform teachers who might seek teaching service credits under Schmidt as to its position.
We next consider whether we should require the teachers to first seek relief from the Department or Board. WISCONSIN ADM. CODE § ETF 11.08(1) provides that the hearing examiner's order dismissing an appeal shall be the final decision of the Board. Subsection (2) provides:
The hearing examiner shall prepare and issue a dismissal, in the form and manner required by this chapter for a final decision, under the following circumstances:
. . . .
(b) If the examiner determines that the appeal is wholly or partially time-barred for one or more of the following reasons:
. . . .
3. The appeal concerns a request to correct an alleged error with respect to service credits ... and the request was made more than 7 full calendar years after the date of the alleged error or beyond another applicable limitation specifically provided *401 by statute. If the alleged error is the result of fraud the applicable limitation is instead 6 years from the date the aggrieved person discovered the facts constituting the fraud. Any portion of the appeal not time-barred may proceed.
Thus, it is futile for participants situated as are the teachers to pursue an administrative remedy before the Department or the Board. The only fact conceivably in disputewhen each participant received notice of the years of teaching service determined by the Departmentis not disputed. The goals of primary resort and exhaustion of remediesagency expertise and fact-finding facilityare therefore not served by requiring the teachers to pursue their administrative remedies before the Department and the Board.
The application of the statute and administrative rule to the teachers is a question of law which ultimately we would decide without deference to the Department, the Board, or the circuit court. Nothing would be gained by relegating the teachers to the Department and the Board. "Our court and federal and state courts have been willing to assume jurisdiction of a case, notwithstanding a party's failure to exhaust administrative remedies, where the court finds that the reasons supporting the exhaustion rule are lacking." Nodell, 78 Wis. 2d at 425-26, 254 N.W.2d at 316. One commentator has said that "[c]onsidering the doctrines of prior resort and of exhaustion together, the net result is in effect that the administrative agency is entitled to the first and the next-to-the-last word. It must be given an opportunity to speak first ...." 2 FRANK E. COOPER, STATE ADMINISTRATIVE LAW 572 (1965), quoted in Nodell, 78 Wis. 2d at 427 n.13, 254 N.W.2d at 317 n.13.
*402 Here, the Department and the Board have had the first and the next-to-the-last word. "The last word is the court's, on judicial review." Id. We will defer to the agency when its first and next-to-the-last word will assist the court in stating the last word. Here, the Department and the Board have decided that the teachers' claims are time-barred. The Attorney General has told the Department and the Board that they have no equitable power to grant the teachers relief from the time-bar erected by § 40.08(10), STATS. It is appropriate therefore that we have the last word.
[1]
We turn, therefore, to examine how § 40.08(10), STATS., applies to the teachers. The facts necessary to that examination are undisputed. The construction of the statute is, therefore, a question of law which we decide without deference to the agency or circuit court. Manor v. Hanson, 123 Wis. 2d 524, 533, 368 N.W.2d 41, 45 (1985).
The teachers' entitlement to creditable service for one-half of their period of service prior to separation arose under § 42.245(1)(c), STATS., 1965. At that time, the general statute of limitations applied to a participant's claim to teaching service credits. Section 40.08(10), STATS., was created in 1981 when the Wisconsin Retirement Fund, the State Teachers Retirement System, and the Milwaukee Teachers Retirement Fund were merged into one public employee retirement system known as the Wisconsin Retirement System. The merger was decreed by the legislature by Laws of 1975, Ch. 280, § 1. Section 2 of that law directed the Employe Trust Funds Board to prepare and submit to the 1977 legislature a bill to reconcile the statutes with the merger policy declared in ch. 280. The implementation did not take effect until *403 January 1, 1982. Laws of 1981, ch. 96, § 68. Section 31 of that law repealed ch. 41 (Public Employes Retirement (Except Teachers)) and § 33 repealed ch. 42 (Teachers Retirement).
Although § 42.245(1), STATS., 1965, was repealed, participants' rights under the State Teachers Retirement System were preserved by § 40.19(1), STATS., which reads:
Rights exercised and benefits accrued to an employe under this chapter for service rendered shall be due as a contractual right and shall not be abrogated by any subsequent legislative act. The right of the state to amend or repeal, by enactment of statutory changes, all or any part of this chapter at any time, however, is reserved by the state and there shall be no right to further accrual of benefits nor to future exercise of rights for service rendered after the effective date of any amendment or repeal deleting the statutory authorization for the benefits or rights. This section shall not be interpreted as preventing the state from requiring forfeiture of specific rights and benefits as a condition for receiving subsequently enacted rights and benefits of equal or greater value to the participant.
Laws of 1981, ch. 96, § 24.
The Schmidt court held that § 42.245(1), STATS., 1965, "entitled [Schmidt] to three years of creditable teaching service." 153 Wis. 2d at 37, 449 N.W.2d at 268-69. The court described Schmidt's rights as "the rights retained under the State Teachers Retirement System Fund for the period 1957 to 1963." Id., 449 N.W.2d at 268 (emphasis added).
The teachers point out that § 40.08(10), STATS., was created after they became entitled to teaching service credits under § 42.245(1)(c), STATS., 1965. The fact that *404 the annual statement of a member's account showed an incorrect "Years of Wisconsin Teaching Service" did not become significant until the participant retired and his or her benefits were computed and benefit payments were made. In fact, according to the Schmidt court, "[t]he relevant language of sec. 42.245(1)(a) itself indicates that `years of teaching service' and `creditable service' are not necessarily synonymous." 153 Wis. 2d at 44, 449 N.W.2d at 271.
In addition to "service credits granted," § 40.08(10), STATS., creates a limitation on correcting "contribution, premium and benefit payments made under this chapter." The thrust of the statute is to place a limit after which errors in payments out of the fund may not be corrected. The erroneous computation of service credits means nothing until the participant's benefits are calculated and payment is begun. A plan participant does not have a vested right in an erroneously calculated retirement benefit. A participant's status and rights under the participant's retirement system are determined as they exist at the time of his or her retirement. State ex rel. Smith v. Annuity & Pension Bd., 241 Wis. 625, 629, 6 N.W.2d 676, 678 (1942); 78 Op. Att'y Gen. 198, 204 (1989).
The example given by the Department under Wis. ADM. CODE § ETF 11.03(1)(a) where "discovery" dates from the annual statement of account is not a correct construction of § 40.08(10), STATS. We question whether a participant would note that his or her "years of teaching service" changed from the prior year or would attach any significance to that change. This is not the kind of notice which may extinguish vested property interests.
Pension rights are contractual and are protected by Article I, Section 12 of the Wisconsin Constitution *405 prohibiting the passage of any law impairing the obligation of contracts. State ex rel. O'Neil v. Blied, 188 Wis. 442, 446, 206 N.W. 213, 214 (1925); see § 40.19(1), STATS. Thus, when the legislature merged the teachers' retirement systems with the Wisconsin Retirement Fund to create the Wisconsin Retirement System, it could not divest plan participants of their right to creditable service vested in them by § 42.245(1)(a), STATS., 1965. The legislature could, however, establish a period of limitation after which a plan participant could not maintain an action against the Department and Board to correct an error in calculating and paying retirement benefits. See Shaurette v. Capitol Erecting Co., 23 Wis. 2d 538, 547, 128 N.W.2d 34, 39 (1964) (statute shortening an existing limitation valid if grace period granted to begin action) (citing Swanke v. Oneida County, 265 Wis. 92, 102-04, 60 N.W.2d 756, 761-62 (1953)). The legislature could not, however, enact a period of limitation which would have the effect of extinguishing a participant's claim without fair notice of change in the period of limitation and a fair opportunity to preserve that claim. See id. at 544-48, 128 N.W.2d at 37-39. We, therefore, conclude that the "discovery" date under § 40.08(10), STATS., is the date on which the Department calculates and pays retirement benefits to a plan participant.[5]
[2]
Having concluded that the Department has a duty to compute the teachers' creditable service, that duty becomes ministerial and may be compelled by mandamus. Milwaukee County v. Schmidt, 52 Wis. 2d 58, 71, 187 N.W.2d 777, 783 (1971) ("A procedural means of suit against state officers is provided by writ of mandamus."). *406 Therefore, we need not consider defendants' argument that sovereign immunity bars the teachers' prayer for declaratory relief. On remand, the trial court shall direct the Department and the Board to redetermine the teachers' creditable service as required by this opinion.
There remains the issue of interest due those teachers to whom the Department has already granted creditable service under Schmidt. The trial court dismissed their claims because they failed to exhaust their appeal remedy under § 40.03(1)(j), STATS. Because the Department and the Board are not committed by rule or policy to dismiss these claims, resort to the teachers' administrative remedies is not futile.
We therefore reverse the trial court's order and remand the cause to the trial court with instructions to direct the Department and the Board to award the teachers teaching service credits pursuant to § 42.245(1), STATS., 1965. However, we affirm the trial court's order insofar as it dismissed the claims for interest of those teachers who have been granted teaching service credits under § 42.245(1).
By the Court.Order affirmed in part; reversed in part and cause remanded with directions.
NOTES
[1] In this opinion, "the teachers" includes the named plaintiffs and the members of the class of teachers certified by the trial court. It does not include teachers who dispute the Department's determination of interest on service credits granted them. "Board" may include the Department and the secretary of the Department.
[2] Section 40.08(10), STATS., provides:
Service credits granted and contribution, premium and benefit payments made under this chapter are not subject to correction unless correction is requested or made prior to the end of 7 full calendar years after the date of the alleged error or January 1, 1987, whichever is later, unless the alleged error is the result of fraud or unless another limitation is specifically provided by statute. This subsection does not prohibit correction of purely clerical errors in reporting or recording contributions, service and earnings.
[3] The following facts as to Schmidt's teaching record and retirement benefits eligibility are taken from the Board's brief in Schmidt. APPENDICES AND BRIEFS, 153 Wis.(2d) 1-50, pp. 3-5, Wis. State Law Library.
[1] Combined group teachers had required "member's deposits" of ½% of salary deducted from each payroll and transmitted to the STRS. Secs. 42.40(2) and 42.41, Stats. (1963). Comparable amounts in the form of "state deposits" were credited by the State to the STRS on behalf of each teacher. Sec. 42.45(1), Stats. (1963). A combined group teacher at retirement was entitled to a money purchase annuity based on both "member's required deposits" and "state deposits."
[2] "Final average compensation" was ... an average of the highest five years of compensation. Sec. 42.20(17)(a), Stats. (1965).
[3] This new formula plan included alternative money purchase annuity guarantees to insure that participants transferring from the combined or separate groups would not receive a smaller benefit due to such transfer. Sec. 42.245(2)(c) and (d), Stats. (1965).
[4] Citations to the record omitted.
[5] This includes those teachers who have filed appeals with the Board.
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G07F17/42—Coin-freed apparatus for hiring articles; Coin-freed facilities or services for ticket printing or like apparatus, e.g. apparatus for dispensing of printed paper tickets or payment cards
Abstract
A system and method for an instant online lottery game is disclosed. The system for an instant online lottery game can comprise a server and a plurality of instant online lottery units. The server can store a progressive jackpot that can be won with an instant online lottery number, wherein the progressive jackpot can increase in size based on a portion of ticket sales revenue or the number of tickets sold. The server can have a first random number generator that can generate the instant online lottery number and a second random number generator that generates a plurality of game-play combinations. The instant online lottery number and the plurality of game-play combinations can be provided to the player at the time of purchase of the instant online lottery ticket.
Description
RELATED APPLICATIONS
This application is a Continuation-In-Part application of U.S. patent application Ser. No. 11/044,427, filed on Jan. 26, 2005 now U.S. Pat. No. 7,635,304, entitled MULTIPLE LEVELS OF PARTICIPATION IN A LOTTERY JACKPOT, which is Continuation-In-Part application of U.S. patent application Ser. No. 11/043,913, filed on Jan. 25, 2005 now U.S. Pat. No. 7,347,776, entitled LOTTERY TICKET PROVIDING FOR MULTIPLE GAMES, which are hereby incorporated by reference in their entireties. This application is also a Continuation-In-Part application of U.S. patent application Ser. No. 10/879,939, filed on Jun. 28, 2004 now U.S. Pat. No. 7,635,303, entitled LOTTERY TICKET DISPENSING MACHINE FOR MULTIPLE Priced TICKETS BASED ON VARIABLE RATIOS, which is Continuation-In-Part application of U.S. patent application Ser. No. 10/876,390, filed on Jun. 25, 2004 now U.S. Pat. No. 7,635,302, entitled MULTIPLE PRICING IN A LOTTERY BASED ON VARIABLE RATIOS, all of which are hereby incorporated by reference in their entireties. This application is also a Continuation-In-Part application of U.S. patent application Ser. No. 10/766,656, filed on Jan. 27, 2004 now abandoned, entitled A SYSTEM AND METHOD OF PROVIDING A GUARANTEE IN A LOTTERY, and is also a Continuation-In-Part application of U.S. patent application Ser. No. 10/987,474, filed on Nov. 12, 2004 now abandoned, entitled VIRTUAL LOTTERY, both of which are hereby incorporated by reference in their entireties.
BACKGROUND
1. Field of the Disclosure
A system and method are disclosed which generally relate to gaming, and more specifically to lotteries.
2. General Background
A lottery is generally a distribution of tokens such that a subset of the distributed tokens may win a prize. The token can be in the form of a ticket. One of the most popular forms of lottery involves the distribution of lottery tickets. Each lottery ticket includes a lottery number. After the lottery tickets have been distributed to the lottery ticket holders, the winning number is chosen. The usual method of selecting the winning number involves a random selection of the winning number. A random number generator can be used to randomly select the winning number. Some lottery systems require the ticket to have the entire number that is randomly selected while other lottery systems require the ticket to have a subset of an ordered sequence of numbers that are randomly selected.
Online lotteries and games typically require a waiting period for a winning number to be drawn and a prize to be awarded. In some cases, the player must wait a week, or at least several days, to determine the draw results. In addition, higher odds are set for the higher-prized games (i.e. those offering higher minimum and average jackpots), thereby reducing the chance of winning the jackpot. Moreover, higher-prized online lotteries and games generally require longer waiting periods than lower-prized daily draw games or those conducted more than once per day. In addition, traditional online lotteries sell tickets for a single price. Additional customer expenditures permit the purchase of additional tickets or participating numbers, thereby improving the odds of someone winning a prize, but without affecting or increasing the prize which may be won. If there are multiple winners of a jackpot, the winners split the jackpot prize. Players desiring a higher jackpot must defer play until the jackpot builds to a player-acceptable level through the roll-over process. In addition, if a jackpot is won, the jackpot for the next game automatically reverts to the minimum jackpot level.
Furthermore, traditional instant games, such as peel-off or scratch-off-style games, involve pre-determined results reflected by pre-printed tickets. Generally, the results are blocked and the player must scratch off material or pull tabs to reveal the results of the instant game. A traditional instant game is generally offered at a single price, with each game having its own price and independent fixed prize structure. Players seeking higher prizes must choose a different game; typically, a single game does not provide the player with prize and price options.
SUMMARY
A system and method for an instant online lottery game are disclosed. The instant lottery game provides players with the opportunity to purchase an instant online lottery ticket and instantly determine whether a prize has been won. Additionally, an instant game can also be offered to the instant online lottery game players in the same ticket as the instant online lottery game. As such, players are provided with an additional opportunity to win.
Alternatively, a game structure similar to the instant online lottery game can be applied to an online lottery game where there is a predetermined delay between providing the ticket to the player and the drawing of the winning number or numbers. For example, the predetermined delay can be one hour, or one day. Here too, the same ticket can contain an instant game without an additional charge, thereby providing the player with two independent opportunities to win a prize for the same purchase price.
In one aspect, there is an instant online lottery game unit for offering an instant online lottery game to a player. The instant online lottery game unit comprises a price selection input, a communication controller, and an instant online lottery processor. The price selection input receives a selection of an instant online lottery ticket price at which an instant online lottery ticket is to be purchased, wherein the instant online lottery ticket price can be selected from a plurality of instant online lottery ticket prices. Each of the instant online lottery ticket prices can correspond to a distinct known percentage of a progressive jackpot that increases in size based on a portion of ticket sales revenue and that can be won with one of a plurality of game-play combinations.
The communication controller receives an instant online lottery number and a plurality of game-play combinations from a server. The instant online lottery number can be generated by one random number generator at the server. The plurality of game-play combinations can be generated by a separate random number generator at the server. The instant online lottery number and the plurality of game-play combinations is provided to the player at the time of purchase of the instant online lottery ticket. Finally, the instant online lottery processor can be configured to compare the instant online lottery number with each game-play combination in the plurality of game-play combinations after the instant online lottery number and the plurality of game-play combinations is received from the server and before the player can be provided with the instant online lottery number and the plurality of game-play combinations. The instant online lottery processor calculates a distribution of the progressive jackpot to the player based upon the distinct known percentage associated with the instant online lottery ticket price selected by the player if the instant online lottery number matches any one of the plurality of game-play combinations. A memory, which stores the value of the progressive jackpot, can also be part of the instant online lottery game unit.
In another aspect, the instant online lottery processor can be further configured to compare the instant online lottery number with each game-play combination in the plurality of game-play combinations. If the instant online lottery number includes a subset of numbers in any one of the plurality of game-play combinations, the player receives secondary prize distribution based upon the instant online lottery ticket price selected by the player. The secondary prize distribution can be guaranteed by a third party.
The plurality of game-play combinations can be printed on an instant online lottery ticket in the form of a matrix. Each of the rows of the matrix can provide a set of numbers that define a game-play combination. Each of the columns of the matrix can provide a set of numbers that define a game-play combination. Each of the diagonals of the matrix can provide a set of numbers that define a game-play combination. The plurality of game-play combinations can be defined by the set of numbers in each of the rows, columns, and diagonals of the matrix.
In another aspect, ticket sales revenue can be accumulated according to identical percentages, each of the identical percentages being associated with each of the instant online lottery ticket prices. In another aspect, ticket sales revenue can be accumulated according to distinct amounts, each of the distinct amounts being associated with each of the instant online lottery ticket prices. Ticket sales revenue can also be accumulated according to identical amounts, each of the identical amounts being associated with each of the instant online lottery ticket prices.
In yet another aspect, the instant online lottery ticket price selected by the player can be the most expensive price, and if the instant online lottery number matches one of the game-play combinations, the player can be awarded with the progressive jackpot. In another aspect, the instant online lottery ticket price selected by the player can be less than the most expensive price, and if the instant online lottery number matches in full one of the game-play combinations, the player can be awarded a pre-determined portion of the progressive jackpot. The server can send the decreased value of the progressive jackpot to each one of the plurality of instant online lottery units if the instant online lottery number from the player matches one of the game-play combinations.
In another aspect, the progressive jackpot can be a probabilistic progressive jackpot that has a value which can be greater than revenue generated from the sale of the instant online lottery tickets. The progressive jackpot can be guaranteed by a third party.
In another aspect, the instant online lottery unit can be linked to a plurality of instant online lottery units, the instant online lottery unit and the plurality of instant online lottery units being connected through the server. The server can send the increased value of the progressive jackpot to each one of the plurality of instant online lottery units.
In yet another aspect, an instant game can be provided together with the instant online lottery game. The communication controller further receives a plurality of playing number-symbol combinations and a plurality of winning number-symbol combinations from the server, wherein the instant game processor compares each one of the plurality of playing number-symbol combinations with each one of the plurality of winning number-symbol combinations to determine if the player has won an instant game prize. The instant game prizes are guaranteed by a third party, whether an individual or an entity. In another aspect, the instant online lottery unit can be part of a traditional lottery unit configured to offer future-draw online lottery tickets.
In one aspect, there is a system for an instant online lottery game comprising a server and a plurality of instant online lottery units. The server stores a progressive jackpot that can be won with an instant online lottery number, wherein the progressive jackpot increases in size based on a portion of ticket sales revenue. The server can have a first random number generator that generates the instant online lottery number and a second random number generator that generates a plurality of game-play combinations. The instant online lottery number and the plurality of game-play combinations can be provided to the player at the time of purchase of the instant online lottery ticket. The plurality of instant online lottery units can be in communication with the server, with each of the plurality of instant online lottery units receiving the progressive jackpot value from the server. Each of the instant online lottery units can have a price selection input that receives a selection of an instant online lottery ticket price at which an instant online lottery ticket is to be purchased, the instant online lottery ticket price being selected from a plurality of instant online lottery ticket prices. Furthermore, each of the instant online lottery ticket prices corresponds to a distinct known percentage of a progressive jackpot, wherein at least one of the plurality of instant online lottery units receives the plurality of game-play combinations and the instant online lottery number.
In another aspect, the server compares the instant online lottery number with each game-play combination in the plurality of game-play combinations to determine if the instant online lottery game has been won by the player. In addition, the server can compare the instant online lottery number with each game-play combination in the plurality of game-play combinations. The server can calculate a secondary prize distribution to the player based upon the instant online lottery ticket price selected by the player if the instant online lottery number includes a subset of numbers in any one of the plurality of game-play combinations. The secondary prize distribution can be guaranteed by a third party.
In yet another aspect, each of the plurality of instant online lottery units can be part of a traditional lottery unit configured to offer future-draw online lottery tickets. In another aspect, each of the plurality of instant online lottery units can be a traditional lottery online unit configured to offer future-draw online lottery tickets.
In another aspect, the plurality of game-play combinations can be printed on an instant online lottery ticket in the form of a matrix. Each of the rows of the matrix can provide a set of numbers that define a game-play combination. Each of the columns of the matrix can provide a set of numbers that define a game-play combination. Each of the diagonals of the matrix can provide a set of numbers that define a game-play combination. The plurality of game-play combinations can be defined by the set of numbers in each of the rows, columns, and diagonals of the matrix.
In a further aspect, an instant game can be provided together with the instant online lottery game. The server can further utilize a third random number generator that generates a plurality of playing number-symbol combinations for the instant game and a fourth random number generator that generates a plurality of winning number-symbol combinations. The server can compare each one of the plurality of playing number-symbol combinations with each one of the plurality of winning number-symbol combinations to determine if the player has won an instant game prize. The instant game prize can be guaranteed by a third party.
In another aspect, an instant game can be provided together with the instant online lottery game in which the first random number generator can generate a plurality of playing number-symbol combinations for the instant game and the second random number generator can generate a plurality of winning number-symbol combinations. The server can compare each one of the plurality of playing number-symbol combinations with each one of the plurality of winning number-symbol combinations to determine if the player has won an instant game prize. Again, the instant game prize can be guaranteed by a third party.
In a further aspect, after an instant online lottery ticket is purchased at one of the plurality of instant online lottery units, the server can send an increased progressive jackpot value to each of the plurality of instant online lottery units so that each of the plurality of instant online lottery units can provide the player with a current progressive jackpot value. The server can decrease the progressive jackpot value after a player has won an instant online lottery game. In addition, the server can send the decreased progressive jackpot value to each of the instant online lottery units so that the instant online lottery units can provide the player with the current progressive jackpot value.
In one aspect, an exemplary embodiment can be a method of operating an instant online lottery game. A selection of an instant online lottery ticket price can be received, wherein the selection can be made by a player of an instant online lottery game. A percentage of a progressive jackpot value that increases in size based on a portion of instant online lottery ticket sales revenue can be determined. The percentage of the progressive jackpot can be won according to the selection of the instant online lottery ticket price. The first set of numbers can be generated by a first random number generator in a first format. The second set of numbers being generated by a second random number generator in a second format. The first set of numbers can be compared with the second set of numbers to determine if the first set of numbers matches a subset of the second set of numbers. The percentage of the progressive jackpot to be awarded to a player can be determined if the first set of numbers matches a subset of the second set of numbers. The first set of numbers can be displayed on the instant online lottery ticket using the first format. The second set of numbers can be displayed on the instant online lottery ticket using the second format. In addition, the second set of numbers can be arranged as a matrix. The player can be awarded with a secondary prize distribution if a subset of the first set of numbers matches a subset of the second set of numbers. The secondary prize distribution can be guaranteed by a third party.
In another aspect, the second set of numbers can be arranged as a matrix. A subset of the second set of numbers can comprise the numbers in a row of the matrix. The subset of the second set of numbers can also comprise the numbers in a column of the matrix. The subset of the second set of numbers can also comprise the numbers in a diagonal of the matrix.
In yet another aspect, an instant game can be provided together with the instant online lottery game. Here, a plurality of playing number-symbol combinations and a plurality of winning number-symbol combinations can be randomly generated. Each one of the plurality of playing number-symbol combinations can be compared with each one of the plurality of winning number-symbol combinations to determine if the player has won an instant game prize.
In another aspect, there can be a method of operating an online lottery game combined with a second game in the form of an instant game. A selection of a combined game ticket price can be received, wherein the selection can be made by a player of the combined online lottery game and instant game. A percentage of a progressive jackpot value can be determined. The progressive jackpot value can increase in size based on a portion of combined game ticket sales revenue. The percentage of the progressive jackpot can be won in accordance with the selection of the combined game ticket price. A plurality of game-play combinations can be randomly generated and provided to the player at the time of purchase by the player of the combined game ticket. A plurality of playing number-symbol combinations can be randomly generated and provided at the time of purchase by the player of the combined game ticket. A plurality of winning number-symbol combinations can be randomly generated and provided at the time of purchase by the player of the combined game ticket. Each one of the plurality of playing number-symbol combinations can be compared with each one of the plurality of winning number-symbol combinations to determine if the player has won an instant game prize. An online lottery number can be randomly generated and provided through a daily draw. The online lottery number can be compared with each game-play combination in the plurality of game-play combinations to determine if the progressive jackpot or any secondary prize has been won by the player in the online lottery game portion of the combined game ticket.
BRIEF DESCRIPTION OF THE DRAWINGS
By way of example, reference will now be made to the accompanying drawings.
FIG. 32 illustrates a probabilistic software configuration that can be used with the probabilistic lottery system in conjunction with the multiple pricing shared jackpot system.
DETAILED DESCRIPTION
A system and method are disclosed for an instant online lottery game. A lottery player can purchase an online lottery ticket and determine instantly whether the purchased ticket has a winning lottery number, rather than having to wait days or even a week for a drawing with respect to a traditional online lottery game. In essence, the instant online lottery player can be provided with a similar experience to playing an electronic gaming machine at a casino that can be networked with other machines to offer a wide-area progressive jackpot. As such, a player can play a lottery game offering relatively high jackpots every day without having to wait for a drawing.
By way of contrast, in the casino-style game, only the highest-priced ticket holder or maximum-unit player has an opportunity to win the progressive jackpot. In the disclosed system and method, any player, without regard to ticket price or amount spent per play, can win a progressive jackpot prize and can determine through player choice the pre-established percentage of the jackpot for which he or she desires to play. In addition, the participating lottery or lottery operator does not have to invest substantial sums in purchasing new freestanding machines to offer the game. Rather, the lottery operator can use its existing online terminals for game play and can use the existing ticket distribution network to maximize the opportunities for play.
INSTANT ONLINE LOTTERY GAME
FIG. 1 illustrates an instant online lottery game system 100. A lottery operator 102 establishes the lottery. The lottery operator 102 can be a jurisdiction such as a country, state, province, city, town, municipality, or any division or department thereof. Further, the lottery operator 102 can be a private organization that a jurisdiction hires to coordinate the lottery. The lottery operator 102 can also be a private organization independent of any jurisdiction. The lottery operator 102 performs functions such as establishment, maintenance, operation and oversight and/or winnings determination of the lottery games.
The lottery operator 102 can advertise that a lottery game has a prize. For example, the lottery operator 102 can advertise that the lottery game prize can be a minimum of ten million dollars. The lottery operator 102 can provide the largest lottery prize as a jackpot 104. In one embodiment, the jackpot 104 can be a progressive jackpot that increases through allocation of a portion of the ticket sales. The lottery operator 102 can also provide a fixed prize 106. In one embodiment, ticket holders 108 can purchase tickets at a price of $x per ticket from a ticket seller 110. The ticket seller 110 can then send the ticket requests for each of the tickets to the lottery operator 102, typically through a computer network. The lottery operator 102 can transmit randomly generated instant online lottery numbers to the terminal maintained by the ticket seller 110. The numbers can be printed on the ticket that is provided to the ticket holders 108. In another embodiment, the numbers can be displayed on a computer screen. In another embodiment, the numbers can be displayed on a ticket display.
In one embodiment, the lottery operator 102 can use a random number generator (not shown) to determine the winning number. In another embodiment, the lottery operator 102 can use a ball draw machine to randomly select the winning number. If one of the ticket holders 108 wins the lottery, the lottery operator 102 can disburse the jackpot 104 to the ticket holder 108. Typically, in an instant online lottery drawing there is a single winner because the instant online lottery number and the game-play combinations are provided simultaneously.
FIG. 2 illustrates an instant online lottery system 200 with multiple lottery units. In one embodiment, a server 202 can communicate with a first instant online lottery unit 204, a second instant online lottery unit 206, and a third instant online lottery unit 208. The server 202 can communicate with these units through a network 210 such as a Local Area Network (“LAN”), a Wide Area Network (“WAN”), the Internet, cable, satellite, etc. Alternatively, the server 202 can be hardwired to the instant online lottery units.
In one embodiment, the first instant online lottery unit 204, the second instant online lottery unit 206, and the third instant online lottery unit 208 can all be linked to one another. For instance, the server 202 can provide updated jackpot information based on lottery wins and/or losses to the first instant online lottery unit 204, the second instant online lottery unit 206, and the third instant online lottery unit 208. Thus, the jackpot can change in value according to the wins and/or losses of any of the players at the first instant online lottery unit 204, the second instant online lottery unit 206, and the third instant online lottery unit 208. In another embodiment, the server 202 is not needed to update the jackpot information because the instant online lottery units can communicate with one another. When the player at the first instant online lottery unit 204 requests a ticket, the player is essentially purchasing a lottery ticket for a drawing in which that lottery ticket is the only lottery ticket that exists. Accordingly, the player can instantly determine if a winning lottery ticket has been purchased. Each instant online lottery unit may be identical to the units deployed for a lottery's traditional online game.
Similar to a traditional online lottery game, the first instant online lottery unit 204 can provide the player with the opportunity to select an instant online lottery number or to have the first instant online lottery unit 204 randomly generate a “quick pick” for the player. The first instant online lottery unit 204 can then randomly select the game-play combinations or winning instant online lottery numbers. Further, the first instant online lottery unit 204 can compare the instant online lottery number to determine if the player won the instant online lottery game. If the player won the instant online lottery game, then a pre-established portion of the jackpot or the jackpot in its entirety can be provided to the player and can be deducted from the jackpot for future play. On the other hand, if the player does not win the instant online lottery jackpot, the jackpot can remain available to future players of the instant online lottery game. If only a portion is won, the remaining portion can remain available to future players. If there is only a partial match of numbers, non-jackpot secondary prizes can be won, depending on the extent of the match and the amount wagered in the game (e.g. price selection as discussed later).
In yet another embodiment, the player can select the instant online lottery number by entering the number of the instant online lottery ticket without having a quick pick option. In yet another embodiment, the player can select the instant online lottery number by selecting the quick-pick option and does not manually enter the numbers of the instant online lottery tickets. In yet another embodiment, the player does not select game numbers, and the game numbers are only selected by the random number generator or other selection device and are reported automatically to the instant online lottery unit.
In one embodiment, the jackpot 212 can be probabilistic. In other words, a relatively large amount is indicated at the onset as being the jackpot 212 in order to induce the purchase of instant online lottery tickets regardless of whether sufficient sales of instant online lottery tickets have occurred to cover the jackpot 212. Accordingly, there is an increased likelihood that the sales of the instant online lottery tickets can suffice to cover the jackpot 212 because players are more likely to purchase instant online lottery tickets for a large jackpot than for a low jackpot. In one embodiment, prize indemnity insurance can be purchased from a third party to provide a guarantee that the jackpot 212 will be paid in the event that the instant online lottery ticket sales are insufficient to cover the jackpot 212 and fixed secondary prizes.
FIG. 3 illustrates a lottery ticket dispensing machine 300. In one embodiment, instant online lottery units 204, 206 and 208 can be implemented with the use of the lottery ticket dispensing machine 300, which can be positioned at various point-of-sale locations. The lottery ticket dispensing machine can have a housing 302 that stores the internal components of the lottery ticket dispensing machine 300. In addition, the lottery ticket dispensing machine 300 can also have a user input device 304 on which a user can input data for the sale of a lottery ticket. For instance, the vendor can input the instant online lottery number. In one embodiment, the vendor can also input player price selection. As described below, a player can also select a ticket price category in order to participate in other winning opportunities.
The instant online lottery number that the vendor enters can be displayed on a screen 308 of a display 306. In one embodiment, the display 306 is a graphical user interface. In another embodiment, the display 306 communicates data other than the instant online lottery number such as the jackpot 212. When a player purchases a lottery ticket, the vendor can enter the purchase information into the lottery ticket dispensing machine 300 via the user input device 304. In one embodiment, the user input device can be a keyboard. In another embodiment, the user input device can be operated by using a computer mouse. In an alternate embodiment, the user input device can be a touch screen. In yet another embodiment, the user input device can be voice activated. In an alternative embodiment, the display 306 can communicate the purchase information that is entered via the user input device 304.
In one embodiment, the lottery ticket dispensing machine 300 can have a payment reception module (not shown) that receives a payment for the purchase of a lottery ticket. In another embodiment, the payment reception module can receive an electronic payment.
After the vendor inputs the data needed to sell a ticket, a ticket 312 can be printed from a lottery ticket printer 310. In one embodiment, the ticket printer 310 can be housed within the housing 302. In another embodiment, the lottery ticket printer 310 can be positioned outside of the housing 302 and can be operably connected to the lottery ticket dispensing machine 300. In yet another embodiment, the lottery ticket printer 310 can receive data from the lottery ticket dispensing machine 300 through a wireless connection.
FIG. 4 illustrates the internal components of the housing 302 of the lottery ticket dispensing machine 300. The housing 302 can include a lottery unit processor 406, a memory 414, a communication controller 410, a number selection input 402, a random number generator 404, and a payment acceptor 412.
The lottery unit processor can coordinate the various operations of the first instant online lottery unit 204. For instance, the lottery unit processor 406 can receive the instant online lottery number from the number selection input 402 that was selected by the player. The lottery unit processor 406 can then store the instant online lottery number in a memory 414. In addition, the lottery unit processor 406 can receive the winning instant online lottery number from the random number generator 404 and can store the winning instant online lottery number in the memory 414. The lottery unit processor 406 can then retrieve the instant online lottery number in the memory 414. The lottery unit processor 406 can then retrieve the instant online lottery number to compare the two numbers. If the two numbers are the same in entirety, then the player wins a known percentage of the instant online lottery prize. If subsets of the two numbers are the same, then the player wins a secondary prize which is a fixed prize.
In one embodiment, a communication controller 410 in the instant online lottery unit 204 can communicate with the server 2402. The communication controller 410 can receive data such as the value of the jackpot. The communication controller 410 can store this value on the memory 414 so that the lottery unit processor 406 can compute a known percentage of the jackpot that can be won by the player. In another embodiment, the lottery unit processor 406 can communicate with the communication controller 410 after data is received by the communication controller 410 from the memory 414. The lottery unit processor 406 can then store the data in the memory 414.
In one embodiment, a payment acceptor 412 can accept payment for an instant online lottery ticket. The lottery unit processor 406 can store the amount provided by the player. In one embodiment, the payment acceptor 412 can be a bill acceptor that accepts paper currency. In another embodiment, the payment acceptor 412 can be a coin acceptor that can accept coins for payment. In yet another embodiment, the payment acceptor can accept cashless payment. Various forms of cashless payment can include a credit card, a smart card, a stored value card purchased at a kiosk, a stored value card received in a promotion, a code such as a number that is printed on a ticket, etc. In yet another embodiment, the payment, in cash or other form, can be received, and deposited independent of the unit, by the vendor, who then can record and confirm the payment and receipt of the payment.
The first instant online lottery unit 204 can be implemented in a number of different combinations. Any type of computing device, such as a personal computer, can be utilized. Further, various displays can be operably attached or integrated into the first instant online lottery unit 204 to provide the player with data such as the jackpot value, the instant online lottery ticket, and the winning instant online lottery number. Other embodiments may provide displays with other pertinent information.
FIG. 5 illustrates an instant online lottery ticket 312. In one embodiment, the instant online lottery ticket can include an instant online lottery number 500, a player's game board 502, a ticket identifier 504 and a timestamp 506. In one embodiment, the instant online lottery number 500 can include a number combination that is utilized to compare against one or more game-play combinations in order to determine whether the player has won. Each game-play combination can be an unordered collection of numbers. The instant online lottery number 500 can also be an unordered collection of numbers.
The instant online lottery number matches the game-play combination in full when all of the numbers in the instant online lottery number are present in the game-play combination. In one example, if the instant online lottery number is {2, 4, 6}, a game-play combination {2, 4, 6} matches in full the instant online lottery number. In another example, if the instant online lottery number is {2, 4, 6}, a game-play combination {4, 2, 6} matches in full the instant online lottery number. In yet another example, if the instant online lottery number is {2, 4, 6}, a game-play combination {6, 4, 2} matches in full the instant online lottery number.
The instant online lottery number matches the game-play combination partially when only some of the numbers in the instant online lottery number are present in the game-play combination. In one example, if the instant online lottery number is {2, 4, 6}, a game-play combination {2, 4} partially matches the instant online lottery number. In another example, if the instant online lottery number is {2, 4, 6}, a game-play combination {4, 6} partially matches the instant online lottery number. In yet another example, if the instant online lottery number is {2, 4, 6}, a game-play combination {6, 2} partially matches the instant online lottery number.
In order to improve the player's odds of winning, the player can be provided multiple game-play combinations. Thus, the player can be provided with a set of game-play combinations.
The ticket identifier 504 can be, for example, a serial number, a bar code, etc., that can uniquely identify the instant online lottery ticket among other instant online lottery tickets. In addition, a time stamp 506 can also be provided on the instant online lottery ticket 312 to display the time at which the ticket was printed and presented to the player. In another embodiment, the time stamp 506 can correspond to the time at which the set of game-play combinations was generated.
In one embodiment, the player's game board 502 can be a matrix or grid containing a set of game-play combinations. In another embodiment, the set of game-play combinations can be printed as a listing on the instant online lottery ticket 312. In another embodiment, the set of game-play combinations can be displayed as a listing on the screen 308 of the lottery ticket dispensing machine 300. In one example, the player's game board 502 can be a seven-by-seven matrix that includes forty-nine numbers from a range of one to forty-nine and sixteen play-game combinations of seven numbers. In one embodiment, all of the numbers in the matrix can be unique. It will be apparent to one skilled in the art that matrices with other ranges of numbers as well as different numbers of rows and columns can be used. In another embodiment, for example, a seven-by-seven matrix that includes forty-nine numbers can have a range of fifty-one to one-hundred. In another embodiment, an eight-by-eight matrix can be utilized wherein the matrix includes sixty-four numbers having a range of one to sixty-four and provides eighteen combinations of eight numbers.
FIGS. 6A, 6B and 6C illustrate a configuration of playlines or number sets or game-play combinations on a seven-by-seven matrix. The configuration of the playlines define the set of game-play combinations. In one embodiment, the playlines are the seven horizontal lines across the rows of the matrix shown in matrix 602, the seven vertical lines across the columns of matrix 604, and the two diagonal playlines across diagonals 608 and 610 of matrix 606.
Thus, a seven-by-seven matrix yields sixteen game-play combinations of numbers or potential winning combinations. Seven of the game-play combinations are defined by the horizontal playlines as illustrated in FIG. 6A. Another seven of the game-play combinations are defined by the vertical playlines as illustrated in FIG. 6b. Finally, two additional game-play combinations are defined by the diagonal playlines 608 and 610 as illustrated in FIG. 6C.
In another example, a six-by-six matrix yields fourteen different sets of game-play combinations. Six of the game-play combinations are defined by the horizontal playlines, another six of the game-play combinations are defined by the vertical playlines, and two additional playlines are defined by the diagonals of the matrix.
FIG. 7 illustrates a set of game-play combinations and an instant online lottery number. In one embodiment, the set of game-play combinations 700 can be presented to the user in a form of a list. The set of game-play combinations 700 can correspond to the sixteen sets of seven numbers derived from a seven-by-seven matrix. The set of game-play combinations 700 illustrates the seven sets of numbers derived from each of the horizontal playlines across seven rows, the seven sets of numbers derived from each of the vertical playlines across the seven columns, and the two sets of seven numbers derived from the diagonal playlines. Thus, the set of game-play combinations 700 can continue to have a matrix relationship of rows, columns, and diagonals, even if the set of game-play combinations 700 is presented in the form of a list.
For example, the first row in the player's game board 502 includes the numbers {10, 38, 4, 28, 44, 16, 30}. The first column of the player's game board 502 includes the numbers {10, 48, 6, 32, 11, 36, 24}. These two sets of numbers have the number ten at the beginning. As such, the sets of seven numbers corresponding to the first row and the first column of the matrix can have the first number in common. Each of the other sets of numbers of the set of game-play combinations can have a number in common with one or more other sets depending on where the game-play combinations are placed in the game-board matrix 700.
In another embodiment, the set of game-play combinations 700 can be a list of numbers that are independent of each other and randomly generated. As such, there would be no matrix relation between each of the randomly generated game-play combinations.
FIG. 8 illustrates a prize distribution in an instant online lottery game. The prize distribution can be stored in a computer memory 800. In one embodiment, the computer memory 800 can be the same as memory 214 in server 202. In another embodiment, the computer memory 800 can be the same as memory 414 in the instant online lottery unit 204. In yet another embodiment, the computer memory 800 can be the same as both memory 214 and memory 414. A jackpot 802 can be stored in memory 800. In one example, the jackpot 802 can be $500,000. The instant online lottery ticket price 804, and prize distributions, 806, 808, 810, and 812, can also be stored in memory.
In one embodiment, the prize distribution can be for a matching of the entirety of the lottery number with any of the game-play combinations. In a seven-by-seven matrix, for example, the jackpot is the prize distribution for matching the entire game-play combination of seven numbers. Thus, if all seven numbers of the lottery number match the seven numbers of one of the game-play combinations, without regard to the order of the numbers, the ticket holder instantly wins the jackpot 802. Thus, a jackpot prize distribution 804 can be awarded to the ticket holder.
In another embodiment, the prize distributions can be for a partial matching of the lottery number with any one or more of the set of game-play combinations. In the seven-by-seven matrix, a secondary prize distribution 808 can be the prize awarded for matching six numbers of any of the game-play combinations. If the lottery number contains six numbers of the seven numbers in the game-play combination, the ticket holder can instantly win a secondary prize distribution 808, by way of example, of one thousand dollars. A secondary prize distribution 810, or a specific amount, can result from matching six numbers of any of the game-play combinations. If the lottery number contains five numbers of the seven numbers in the game-play combination, the ticket holder can instantly win a secondary prize distribution 810, by way of example, of ten dollars. A secondary prize distribution 812, or a specified amount, may result from matching four numbers of any of the game-play combinations. If the lottery number contains four numbers of the seven numbers in the game-play combination, the ticket holder can instantly win a secondary prize distribution 812 of, for example, two dollars. A prize distribution can result from the matching of any subset of numbers and the prizes can vary as determined by the lottery operator to induce play of the game based on the matching combinations. In one embodiment, the prize distribution can be a fixed prize. In another embodiment, the prize distribution can be a percentage of the jackpot or a percentage of ticket sales revenue. In yet another embodiment, the prize distribution can be a fixed prize plus a percentage of the jackpot.
FIG. 9A illustrates an instant online lottery game where the instant online lottery number matches all of the numbers in a game-play combination. In one embodiment, an instant online lottery number 902 is a winning number if the numbers contained in the instant online lottery number 902 match the numbers in any of the game-play combinations. If all the numbers are matched then the instant online lottery number 902 wins the jackpot. For example, the instant online lottery number 902 can be {13, 40, 41, 20, 18, 6, 2}. The third row in the player's game board 502 provides a game-play combination {6, 18, 41, 13, 40, 2, 20}. The instant online lottery number 902 wins the jackpot because all of the numbers in the game-play combination {6, 18, 41, 13, 40, 2, 20} are in the instant online lottery number 902. Thus, the ticket holder can win a prize distribution 806 as shown in FIG. 8.
FIG. 9B illustrates an instant online lottery game where the instant online lottery number partially matches the numbers in a game-play combination. In one embodiment, an instant online lottery number 904 can be a winning number if the numbers contained in the instant online lottery number 904 partially match the numbers in any of the game-play combinations. In a seven-by-seven matrix, if six numbers are matched then the instant online lottery number 904 wins a prize distribution 808. For example, the instant online lottery number 904 can be {25, 40, 42, 30, 34, 24, 2}. A diagonal 906 in the player's game board 502 provides a game-play combination {24, 42, 34, 22, 40, 25, 30}. Six of the seven numbers of this game-play combination are found in the instant online lottery number. Namely, {25, 40, 42, 30, 34, 24} are found in the game-play combination {24, 42, 34, 22, 40, 25, 30}. Thus, the ticket holder can win a prize distribution 808 as shown in FIG. 8.
FIG. 9C illustrates an instant online lottery game where the instant online lottery number partially matches the numbers in a game-play combination. In one embodiment, an instant online lottery number 908 can be a winning number if the numbers contained in the instant online lottery number 908 partially match the numbers in any of the game-play combinations. In a seven-by-seven matrix, if five numbers are matched then the instant online lottery number 908 wins a prize distribution 810. For example, the instant online lottery number 908 can be {16, 7, 49, 20, 31, 24, 2}. The sixth column in the player's game board 502 provides a game-play combination {16, 25, 2, 7, 49, 23, 31}. Five of the seven numbers of this game-play combination are found in the instant online lottery number. Namely, {16, 2, 7, 49, 31} are found in the game-play combination {16, 25, 2, 7, 49, 23, 31}. Thus, the ticket holder can win a prize distribution 810 as shown in FIG. 8.
FIG. 10 illustrates an instant online lottery game where the instant online lottery number partially matches the numbers in a game-play combination. In one embodiment, an instant online lottery number 1002 can be a winning number if the numbers contained in the instant online lottery number 1002 partially match the numbers in any of the game-play combinations. More than one combination can be partially matched. In a seven-by-seven matrix, for example, if four numbers of a first game-play combination are matched then the instant online lottery number 1002 wins a prize distribution 812. If four numbers of a second game-play combination are matched, then the instant online lottery number 1002 wins another prize distribution 812. For example, the instant online lottery number 1002 can be {13, 7, 41, 20, 31, 25, 2}. The sixth column in the player's game board 502 provides a game-play combination {16, 25, 2, 7, 49, 23, 31}. Four of the seven numbers of the game-play combination are found in the instant online lottery number. Namely, {25, 2, 7, 31} are found in the game-play combination {16, 25, 2, 7, 49, 23, 31}. In addition, the third row in the player's game board 502 provides a second game-play combination {6, 18, 41, 13, 40, 2, 20}. Four of the seven numbers of the second game-play combination are found in the instant online lottery number. Namely, {41, 13, 2, 20} are found in the second game-play combination {6, 18, 41, 13, 40, 2, 20}. Thus, the ticket holder can twice receive a prize distribution 812 as shown in FIG. 8. Other secondary prize distributions can be established depending on the number and extent of the matches. For example, a secondary prize distribution can be awarded for matching three numbers of seven. In another example, a secondary distribution can be awarded for matching two numbers of seven. In yet another example, two or more secondary distributions can be awarded in the same game, if the instant online lottery game ticket provides two or more partial matches between the instant online lottery number and subsets of two or more game-play combinations.
FIG. 11 illustrates an instant online lottery game that utilizes an eight-by-eight matrix 1104. In one embodiment, the eight-by-eight matrix 1104 yields a set of eighteen game-play combinations. Eight of the game-play combinations are defined by the horizontal playlines; another eight of the game-play combinations are defined by the vertical playlines, and two additional playlines are defined by the diagonals of the matrix. Furthermore, the winning number 1102 includes eight different numbers that can match any of the eighteen game-play combinations. The player's game board is a grid of sixty-four squares including a number from one to sixty-four in each of the boxes.
As discussed above, the full jackpot can be the prize distribution for matching the entire game-play combination. In an eight-by-eight matrix, each game-play combination has eight numbers. Thus, if all eight numbers of the lottery number 1102 match the eight numbers of one of the eighteen game-play combinations, the ticket holder can instantly win a jackpot. Thus, a jackpot prize distribution can be awarded to the ticket holder. In another embodiment, the prize distributions can be for a partial matching of the lottery number with any one of the set of game-play combinations. For example, matching seven numbers of one of the game-play combinations with seven numbers in the instant online lottery number 1102 would win a secondary prize as discussed above.
FIG. 12 illustrates a configuration in which a server 1202 sends game-play combinations to the lottery ticket dispensing machine 300. The server 1202 can include a random number generator 1204. The random number generator 1204 can be utilized to generate the set of game-play combinations while the player can manually select the instant online lottery number. In one embodiment, the server 1202 first receives the instant online lottery number selected by the player such that the game-play combinations can be compared at the server 1202 against the selected instant online lottery number. If there is matching, the server 1202 reduces the jackpot by the prize distribution to the winning player. In another embodiment, the server 1202 does not receive the instant online lottery number and simply transmits the game-play combinations to the lottery ticket dispensing machine 300 to be compared against the various instant online lottery number, which can also be transmitted by the server. The lottery ticket dispensing machine 300 can then utilize lottery unit processor 406 to make the comparison. If there is a matching, the lottery unit processor 406 transmits a confirmation of the win, the extent of the match and the applicable prize or prizes to the server 1202.
In another embodiment, the random number generator 1204 can randomly generate a quick pick instant online lottery number. In another embodiment, the random number generator 1204 can randomly generate an instant online lottery number and the set of game-play combinations.
FIG. 13 illustrates a process 1300 for operating the instant online lottery game wherein the player can select the lottery number. At a process block 1302, the player can select an instant online lottery number. The player can manually enter the instant online lottery number through the input module 304 on the instant online lottery machine 300. At a process block 1304, the game-play combinations can be generated. In one embodiment, the instant online lottery unit 204 can generate the set of game-play combinations using the random generator 404. In another embodiment, the server can generate the game-play combinations using the random number generator 1204. In one embodiment, a second random generator can generate the instant online lottery number to be matched against the game-play combinations.
At a process block 1306, a comparison can be made between instant online lottery number and the set of game-play combinations. In one embodiment, the instant online lottery unit 204 can perform this comparison. In another embodiment, the server can perform this comparison. At a process block 1308, a determination can be made if the instant online lottery number matches any one of the game-play combinations partially or entirely. If the instant online lottery number partially or entirely matches one of the game-play combinations, the process 1300 can proceed to a process block 1310 where the winner is provided with the appropriate prize distribution. The process 1300 can then proceed to the end block 1312. If the instant online lottery number does not match any one of the game-play combinations, in whole or in part, the process 1300 can proceed to the end block 1312.
FIG. 14 illustrates a configuration in which a server 1402 sends game-play combinations and the instant online lottery number to the lottery ticket dispensing machine 300 through a network 1410. The server 1402 can include a first random number generator 1404 and a second random number generator 1406. The first random number generator 1404 can randomly generate the set of game-play combinations while the second number generator can randomly generate the instant online lottery number. In one embodiment, the game-play combinations can be compared at the server 1402 against the instant online lottery number. If there is complete matching, the server 1402 can reduce the jackpot by the prize distribution to the winning player. In the case of a partial match, where one or more fixed secondary prizes are won, the jackpot is not reduced.
FIG. 15 illustrates a process 1500 for operating the instant online lottery game wherein the server can generate the game-play combinations and the instant online lottery number. At a process block 1502, the game-play combinations can be generated. In one embodiment, the instant online lottery unit 204 can generate the set of game-play combinations using the random number generator 404. In another embodiment, the server 1402 can generate the game-play combinations using the random number generator 1404. At a process block 1504, the instant online lottery number can be randomly generated. In one embodiment, the instant online lottery unit 204 can generate the lottery number using the random number generator 404. In another embodiment, the server 1402 can generate the game-play combinations using the random number generator 1406.
In one embodiment, the player can elect to have an instant online lottery number be randomly generated. The player can choose a quick pick button to have the instant online lottery unit 300 randomly generate the instant online lottery number for the player. In another embodiment, the lottery ticket can be randomly generated by default.
At a process block 1506, a comparison can be made between the instant online lottery number and the set of game-play combinations. In one embodiment, the instant online lottery unit 204 can perform this comparison. In another embodiment, the server can perform this comparison. At a process block 1508, a determination can be made if the instant online lottery number matches any one of the game-play combinations partially or entirely. If the instant online lottery number partially or entirely matches one of the game-play combinations, the process 1500 can proceed to a process block 1510 where the winner is provided with the prize distribution. The process 1500 can then proceed to the end block 1512. If the instant online lottery number does not match any one of the game-play combinations, the process 1500 can proceed to the end block 1512. In one embodiment, a minimum starting jackpot can be offered. Thus, if a jackpot is won, in whole or in part, and is thereby reduced, the balance of the jackpot can be the starting jackpot amount for the next game, or it can be combined with the starting jackpot amount for the next game, so as to provide greater incentive for players to buy tickets for the next game.
MULTIPLE PRICING
An instant online lottery game with multiple levels of participation is provided. Players can select the price of the ticket to be purchased. In one embodiment, the price of the ticket can increase or reduce the odds of winning. In another embodiment, the price of the ticket can increase or reduce the prize distribution but the odds are the same for all ticket holders. All of the above-described features can be applied to a multiple pricing instant online lottery game.
FIG. 16 illustrates an instant online lottery game system 1600 that utilizes multiple pricing. Instant online lottery players can be provided with a selection of price categories and associated prize distributions. In one embodiment, a ticket holder 1604 can purchase a lottery ticket from a ticket seller 1602 in a first price category. The first price category can be for lottery tickets purchased for $w. The instant online lottery ticket in the first price category can be purchased from a ticket seller 1602. The first price category can be associated with a first prize distribution of a lottery prize that can be won. For example, the ticket holder 206 may have purchased the instant online lottery ticket for five dollars in order to play for a chance to win one hundred percent of the jackpot.
In another embodiment, a ticket holder 1606 can purchase an instant online lottery ticket in a second price category. The instant online lottery ticket can be purchased from a ticket seller 1602. For instance, the second price category can be lottery tickets purchased for $x. The second price category can be associated with a second distribution of an instant online lottery prize that can be won. For example, the ticket holder 1606 may have purchased the instant online lottery ticket for four dollars in order to play for a chance to win sixty percent of the jackpot.
In yet another embodiment, a ticket holder 1608 can purchase an instant online lottery ticket in a third price category. The instant online lottery ticket in the third price category can be purchased from a ticket seller 1602. For instance, the third price category can be lottery tickets purchased for $y. The third price category can be associated with a third distribution of an instant online lottery prize that can be won. For example, the ticket holder 1608 may have purchased the instant online lottery ticket for three dollars in order to play for a chance to win forty percent of the jackpot.
In another embodiment, a ticket holder 1610 can purchase an instant online lottery ticket in a fourth price category. The instant online lottery ticket in the fourth price category can be purchased from a ticket seller 1602. For instance, the fourth price category can be lottery tickets purchased for $z. The third price category can be associated with a fourth distribution of an instant online lottery prize that can be won. For example, the ticket holder 1610 may have purchased the instant online lottery ticket for two dollars in order to play for a chance to win twenty percent of the jackpot.
Although, in the above discussion, the first price category was associated with the ticket holder 204, the second price category with the ticket holder 206, and the third price category with the ticket holder 208, the ticket holders can be associated with different price categories. For instance, the first price category can be associated with the ticket holder 204 and the third price category can be associated with the ticket holder 206. Further, the methodologies discussed above can be extended to any number of price categories. For instance, there could be a fifth price category. Any number of price categories can be used. Also, the price categories can represent not only an opportunity to win a distinct pre-established portion of a jackpot but also a differing set of secondary prizes. The secondary prizes can be greater for a winning higher-priced ticket. Furthermore, the holder of a higher-priced ticket can qualify for the award of a secondary prize for the matching of a subset of numbers which would not qualify the holder of a lower-priced ticket for a prize.
FIG. 17 illustrates an example of a winnings table for the instant online lottery game system of FIG. 16. For example, a lottery can have a jackpot of two and a half million dollars. Lottery players can purchase a five-dollar ticket, a four-dollar ticket, a three-dollar ticket, and a two-dollar ticket.
The five-dollar ticket holder could receive the full jackpot of two million five hundred thousand dollars if the instant online lottery number of the five-dollar ticket matches in full any one of the game-play combinations. The four-dollar ticket gives the ticket holder a chance at receiving sixty percent of the jackpot. Therefore, the four-dollar ticket holder could at best receive one million five hundred thousand dollars if the instant online lottery number of the four-dollar ticket matches in full any one of the game-play combinations.
The three-dollar ticket could give the ticket holder a chance at receiving forty percent of the jackpot. Therefore, the three-dollar ticket holder could at best receive one million dollars if the instant online lottery number of the three-dollar ticket matches in full any one of the game-play combinations.
Finally, the two-dollar ticket could give the ticket holder a chance at receiving twenty percent of the jackpot. Therefore, the two-dollar ticket holder could at best receive five hundred thousand dollars if the instant online lottery number of the two-dollar ticket matches in full any one of the game-play combinations.
FIG. 18 illustrates an instant online lottery system. The internal components of the housing 302 of the lottery ticket dispensing machine 300 can include a controller 1804, a price category reception module 1806, a user input module 1808, and a lottery ticket printer 1810. The controller 1804 coordinates the operation of these internal components.
The price category reception module 1806 can receive the different price categories in which lottery tickets can be purchased in the instant multi-priced lottery system. In one embodiment, the price category reception module can receive the different price categories and the associated distributions for each of the respective price categories. In one embodiment, a vendor can manually input the different price categories into the lottery ticket dispensing machine 300. In another embodiment, the vendor can electronically input the different price categories into the lottery ticket dispensing machine 300 by inserting a computer readable medium into the lottery ticket dispensing machine 300. In yet another embodiment, the price category reception module 1806 can receive the data related to the price category reception module from a server through a network.
In one embodiment, the user input module 1808 can receive a user input from the user input device 304. The user input module 1808 can communicate with the controller 1504 so that the controller can provide an instruction to the lottery ticket printer 1810 to print the lottery ticket.
In one embodiment, the lottery ticket dispensing machine 300 can communicate with a server 1812 to receive a price category and the associated distribution of the price category. The server 1812 can provide a price category through a network 1814 to the price category reception module 1806 in the lottery ticket dispensing machine 300. In one embodiment, multiple price categories can be sent simultaneously with their associated distributions. In another embodiment, each price category can be sent by itself with its associated distribution.
The lottery ticket dispensing machine 300 can communicate with a server 1812 to transmit a ticket request. In one embodiment, the housing 302 can also house a lottery ticket purchase transmission module 1816. The lottery ticket purchase transmission module 1816 can determine when a ticket has been purchased and can transmit a ticket request to a server 1812 through a network 1814. The ticket request received at the server 1812 can trigger the server 1812 to randomly generate lottery numbers as well as provide price categories to the lottery dispensing machine 300.
In another embodiment, the server 1812 can send price category information or data to the lottery ticket dispensing machine 300. The server 1812 can provide instructions to a price category module 1818 and to a price category transmission module 1820. The price category module 1818 can determine price categories and distributions in a multi-priced instant online lottery distribution as discussed above. The price category transmission module 1820 can then transmit the price category and the associated distribution through the network 1814 to the lottery ticket dispensing machine 300. In one embodiment, the price category reception module 1806 can receive information or data with respect to the price categories and associated distributions.
In another embodiment, the server 1812 can send random number ticket data to the lottery ticket dispensing machine 300. The server 1812 can provide instructions to a first random number generator module 1822 and to a second random number generator module 1824. The first random number generator module 1822 can randomly generate the instant online lottery numbers. The second random number generator 1824 can randomly generate a set of game-play combinations. In one embodiment, the controller 1802 can receive the data concerning price categories and associated distributions.
In another embodiment, the server can also send the ticket identifier 504 to be printed on the instant online lottery ticket. Thus, upon a lottery ticket holder winning a distribution, the lottery operator can verify that the ticket holder purchased a valid lottery ticket by confirming that the ticket identifier printed on the ticket matches the ticket identifier stored at the server 1812 and transmitted to the lottery operator.
FIG. 19 illustrates a process 1900 for operating a multi-priced instant online lottery game. At a process block 1902, a selection of an instant online lottery ticket price can be received. A determination of the potential distribution of the jackpot that can be won can be made at a process block 1904. If the lottery ticket price is associated with a percentage of the jackpot, the percentage of the current jackpot can be calculated and displayed to the player. In one embodiment, this calculation can be performed and displayed for all of the price categories prior to the player's selection at the process block 2802. Calculations can be performed to continuously enhance the jackpot based on the ongoing purchase of tickets. Thus, players can always be provided with updated jackpot prize distribution information through the linked instant online lottery units. If the secondary prizes for partial matching are fixed, then a calculation update is not needed for the secondary prizes.
At a process block 1906, an instant online lottery number can be randomly selected. In an alternative embodiment, the player can choose the quick pick button to have the instant online lottery unit 204, or a separate random number generator, randomly generate the instant online lottery number for the player. At a process block 1908, the game-play combinations for the instant online lottery numbers can be generated.
At a process block 1910, a comparison can be made between the instant online lottery number and various game-play combinations printed on the instant online lottery ticket. In one embodiment, the instant online lottery unit 204 can perform this comparison. In another embodiment, the server can perform this comparison.
At a process block 1912, a determination can be made as to whether the instant online lottery number matches a set of game-play combinations. If the instant online lottery number matches in full one of the game-play combinations, the process 19 can proceed to a process block 1914 where the winner can be provided with the percentage of the jackpot associated with the instant online lottery ticket price. Alternatively, if the instant online lottery number partially matches one of the game-play combinations the winner can be provided with a secondary prize which is determined based on the instant online lottery ticket price. Process 1900 can then proceed to the end block 1916. If the instant online lottery number does not match, in full or in part, the winning instant online lottery number, the process 1900 can proceed to the end block 1916.
FIG. 20 illustrates the instant online lottery unit 204. The instant online lottery unit can have a jackpot display 2014 that indicates the jackpot value. In one embodiment, the server 1812 can send the jackpot value to the instant online lottery unit for display on the jackpot display 2014. The instant online lottery unit can also have an instant online lottery price display 2002 that displays prices for instant online lottery tickets and associated known prize distributions for each of the instant online lottery ticket prices.
An indication can also be provided as to whether an instant online lottery ticket allows for secondary prizes. In one embodiment, the secondary prizes can vary according to the number of matched numbers and the price of the instant online lottery ticket. In another embodiment, the secondary prices can vary only according to the number of matched numbers between the instant online lottery number and the set of game-play combinations.
In one example, the secondary prize distributions for a seven-by-seven matrix can be provided as part of the lottery ticket price display 2002. A two-dollar instant online lottery ticket can be purchased to potentially win a secondary prize. In one embodiment, the secondary prize value can depend on the partial matching of instant online lottery numbers with one or more of the game-play combinations. As previously discussed, each of the sixteen game-play combinations in a seven-by-seven matrix includes seven numbers. In one example, a two-dollar instant online lottery number matching six numbers of the game-play combination can win one thousand dollars. A two-dollar instant online lottery number matching five numbers of a game-play combination can win ten dollars. Finally, a two-dollar instant online lottery number matching four numbers of a game-play combination can win two dollars.
In another example, a three-dollar instant online lottery ticket can be purchased to potentially win a secondary prize. In a seven-by-seven matrix, a three-dollar instant online lottery number matching six numbers of the game-play combination can win one thousand five hundred dollars. A three-dollar instant online lottery number matching five numbers of a game-play combination can win fifteen dollars. Finally, a three-dollar instant online lottery number matching four numbers of a game-play combination can win three dollars.
In yet another example, a four-dollar instant online lottery ticket can be purchased to potentially win a secondary prize. In a seven-by-seven matrix, a four-dollar instant online lottery number matching six numbers of the game-play combination can win two thousand hundred dollars. A four-dollar instant online lottery number matching five numbers of a game-play combination can win twenty dollars. Finally, a four-dollar instant online lottery number matching four numbers of a game-play combination can win four dollars.
In another example, a five-dollar instant online lottery ticket can be purchased to potentially win a secondary prize. In a seven-by-seven matrix, a five-dollar instant online lottery number matching six numbers of the game-play combination can win two thousand five hundred dollars. A five-dollar instant online lottery number matching five numbers of a game-play combination can win twenty-five dollars. Finally, a five-dollar instant online lottery number matching four numbers of a game-play combination can win five dollars.
A plurality of price selection inputs 2004 can be provided so that the player can select the instant online lottery ticket that the player would like to purchase. For instance, the player can press the two-dollar button if the player would like to purchase the two-dollar instant online lottery ticket to potentially win the jackpot distribution prize of five hundred thousand dollars, which can represent twenty percent of the jackpot, or any of the associated secondary prizes. Further, the player can press the three-dollar button if the player would like to purchase the three-dollar instant online lottery ticket to potentially win the jackpot distribution prize of one million dollars, which can represent forty percent of the jackpot, or any of the associated secondary prizes. In addition, the player can press the four-dollar button if the player would like to purchase the four-dollar instant online lottery ticket to potentially win the jackpot distribution prize of one million five hundred thousand dollar, which can represent sixty percent of the jackpot, or any associated secondary prizes. Finally, the player can press the five-dollar button if the player would like to purchase the five-dollar instant online lottery ticket to potentially win the jackpot of two million five hundred thousand, which can represent one hundred percent of the jackpot, or any of the associated secondary prizes. In a further aspect, in lieu of providing ticket process buttons, the player can inform the ticket vendor of his or her ticket price selection, either orally or through use of a ticket purchase form. The ticket vendor can then enter the appropriate data, including ticket price information.
The player can enter a selection of an instant online lottery number through an input module 2006. In one embodiment, the input module 2006 can be a keypad. In another embodiment, the input module 2006 can be a touch screen. Alternatively, the player can press a quick pick button 2008 to have the instant online lottery unit 204 select the instant online lottery number for the player. The player can press an instant online lottery initiation button 2010 to begin lottery play. Further, the payment module 2012 can receive one of the various forms of payment described above.
In one embodiment, the instant online lottery unit 202 can have the plurality of buttons illustrated, such as the input module 2006 and the quick pick button 2008, to determine the instant online lottery number. In another embodiment, a menu can be provided that provides the player with the ability to make a choice of a manual selection or of a quick pick selection of the instant online lottery number. The menu can be provided on a computerized display such as a liquid crystal display or a plasma display.
FIG. 21A illustrates a three-dollar ticket in a multi-priced instant online lottery game ticket, with the ticket having a game-play combination with five matching numbers. The ticket 2100 can include the price designation 2102, the instant online lottery number 2104, and a player's game board 2106. The player's game board can include the game-play combinations (for example sixteen game-play combinations in a seven-by-seven matrix). In one example, the prize distribution can be the prize distribution illustrated in FIG. 20. A player that purchases a three-dollar ticket for an instant online lottery game can have the opportunity to win a jackpot percentage of forty percent or one million dollars, or secondary prizes according to the prize distribution illustrated in FIG. 20. The instant online lottery ticket 2100 shows that the instant online lottery number matches five numbers of the third row of the players game board 2106. In one embodiment, there can be sixteen game-play combinations. Based on the prize distribution illustrated in FIG. 20, the three-dollar instant online lottery number matching five numbers of a game-play combination can win fifteen dollars.
FIG. 21B illustrates a four-dollar ticket in a multi-priced instant online lottery game ticket, with the ticket having a game-play combination with five matching numbers. A player that purchases a four-dollar ticket for an instant online lottery game can have the opportunity to win a percentage of the jackpot that amounts to one million five hundred thousand dollars, or secondary prizes according to the prize distribution illustrated in FIG. 20. The instant online lottery ticket 2108 shows that the instant online lottery number matches five numbers of the third row of the player's game board 2106. In one embodiment, there can be sixteen game-play combinations. Based on the prize distribution illustrated in FIG. 20, the four-dollar instant online lottery number matching five numbers of a game-play combination can win twenty dollars. As such, the four-dollar ticket holder can win five more dollars in comparison with the three-dollar ticket holder, even when the instant online lottery number and the game-play combinations are the same.
FIG. 22A illustrates a three-dollar ticket in a multi-priced instant online lottery game, with the ticket having a game-play combination with six matching numbers. Ticket 2200 is a three-dollar ticket for an instant online lottery game that can provide the player with the opportunity to win prizes according to the prize distribution illustrated in FIG. 20. The instant online lottery ticket 2108 shows that the instant online lottery number matches six numbers of the third row of the player's game board 2106. Thus, the three-dollar instant online lottery number matching six numbers of a game-play combination can win one thousand five hundred dollars.
FIG. 22B illustrates a four dollar-ticket in a multi-priced instant online lottery game, with the ticket having a game-play combination with six matching numbers. A player can likewise purchase a ticket 2202 with the same instant online lottery number and game-play combination numbers for a four-dollar price. Based on the prize distribution illustrated in FIG. 20, the player having the four-dollar ticket 2202 with a six-number match can instantly win two thousand dollars. Accordingly, in comparison with the three-dollar ticket holder, the four-dollar ticket holder can win an additional five hundred dollars. Thus, players have an incentive to buy higher-priced tickets, because of the potential of winning higher fixed secondary prizes and/or the potential to win a higher portion of the available jackpot.
PROGRESSIVE JACKPOT
FIG. 23 illustrates an instant online lottery system 2300 with a progressive jackpot 2312. The lottery system 2300 depicted in FIG. 23 is the lottery system depicted in FIG. 2 with a jackpot that is illustrated as being progressive. Because the lottery system of FIG. 23 utilizes a progressive jackpot, the ticket holder can win a larger jackpot than initially advertised. In one embodiment, the jackpot can be increased with a portion of the revenue from each instant online lottery ticket sold.
In one embodiment, the server 202 can communicate with the first instant online lottery unit 204, the second instant online lottery unit 206, and the third instant online lottery unit 208. As players provide payment to enter or initiate an instant online lottery game at one of the units, at least a portion of the payment can be added to a progressive jackpot 2312 stored in the memory 214. As discussed above, the instant online lottery units can be stand-alone terminals configured to interact directly with the players. In another embodiment, the instant online lottery units can be configured within the existing terminals used by a lottery operator to provide the traditional online future-draw lottery games. In another embodiment, the instant online lottery units can be the existing terminals used by a lottery operator to provide the traditional online future-draw lottery games. Utilization of existing infrastructure can allow a lottery operator to avoid costs associated with the creation, acquisition and installation of a new distribution network, terminals and servers.
The networking capability between several instant online lottery units can allow each of the several units to access and report changes in a single progressive jackpot 2312. Furthermore, instant online lottery units can be linked together through a server 202 and network 210 such that data reported by one instant online lottery unit can be broadcasted or communicated to the other instant online lottery units. For example, an increase in the jackpot 202 can be immediately broadcasted or communicated to the rest of the linked instant online lottery units. Thus, the progressive jackpot 2312 can be shared among instant units 204, 206, and 208. In one embodiment, a minimum amount of ticket sales is not required and a starting jackpot can be provided and guaranteed with regard to tickets sales. The lottery prize can be a variable prize from the outset, increasing with each ticket sold. Accordingly, a percentage of each ticket sale can be contributed to the progressive jackpot 2312, with a greater amount contributed by higher-priced tickets.
In one embodiment, a fixed amount of money can be added to the jackpot for each ticket sold regardless of the value of the ticket. This would make the progressive jackpot increase in direct proportion to the number of tickets sold.
In another embodiment, a percentage of the value of each ticket sold can be added to the jackpot. This would make the progressive jackpot increase in direct proportion to the total sales of instant online lottery tickets.
By having the instant online lottery units connected through the network 210, the progressive jackpot 2312 can build up based on the quantity and the utilization of the instant online lottery units. Players do not have the time constraints of having to wait for a lottery drawing with a traditional online lottery game. Further, players do not have to wait for selections of other players. Accordingly, the progressive jackpot can build up quickly through this type of configuration. The progressive jackpot 2312 can also build up in a similar manner and more quickly, so as to create a larger jackpot, if the instant online lottery units are linked to one another.
In addition, the instant online lottery game having a progressive jackpot can be offered by a lottery operator at different ticket prices. Thus, the instant online lottery game can have a progressive jackpot where the tickets are multi-priced. As discussed above, different ticket prices provide a player with the opportunity to play for a pre-determined percentage of the progressive jackpot, or the progressive jackpot in its entirety, with the choice of ticket price and associated prizes being made by the player. For example, a one-dollar ticket holder can participate and play for a lower percentage of the progressive jackpot, while a three-dollar ticket holder can play for a higher percentage or, if the three-dollar ticket is the most expensive ticket, for the entire progressive jackpot. In addition, the offering of multi-priced tickets can afford the opportunity to quickly generate large increasing jackpots if the contribution to the progressive jackpot is a percentage of ticket sales.
Furthermore, the progressive jackpot feature can continue to operate after a prize is distributed to a winning ticket holder and the jackpot need not automatically revert to the minimum or starting jackpot if the winning ticket holder purchased other than the highest-priced ticket. For example, if a one-dollar instant online lottery ticket holder wins, the progressive jackpot distribution can be a portion of the progressive jackpot, leaving the balance of the progressive jackpot for subsequent players. This balance can be enhanced through additional contributions to the jackpot through, for example, an insurance-backed third-party prize guarantee. As such, the progressive jackpot can continue to increase as new instant online lottery tickets are purchased.
In one embodiment, both the one-dollar ticket holder and the three-dollar ticket holder can participate with the same odds but for different prizes. In contrast, traditional online lotteries only offer single-priced tickets.
In one embodiment, the instant online lottery ticket is associated with a percentage of the progressive jackpot 2312 based on the instant online lottery ticket price. For example, instant online lottery tickets can be offered at three different prices: one dollar, two dollars, and three dollars. In another example, a greater or lesser number of ticket price categories can exist. A player with a one-dollar ticket could win twenty-five percent of the progressive jackpot, a player with a two-dollar ticket could win fifty percent of the progressive jackpot, and a player with a three-dollar ticket could win one hundred percent of the progressive jackpot. Consequently, the percentage of the possible jackpot winnings associated with each ticket price can vary. This can afford a player purchasing an instant online lottery ticket at a lower price the benefit of participating in a jackpot where other players purchasing an instant online lottery ticket at higher prices are contributing even more to the progressive jackpot. For example, a player with a one-dollar ticket can have an associated percentage of the progressive jackpot that the player can win, and a player with a two-dollar ticket or a three-dollar ticket can also have an associated and higher percentage of the progressive jackpot that the player can win. If the one-dollar ticket holder wins, the one-dollar ticket holder benefits from the portion of the ticket sales revenues contributed by the purchase of two-dollar tickets and three-dollar tickets to the progressive jackpot. In essence, multiple levels of participation can be allowed in a progressive jackpot. Even though the one-dollar ticket holder is limited to winning a lesser percentage, for example, twenty-five percent, the one-dollar ticket holder can benefit from the increase in the jackpot prize resulting from the sale of higher-priced tickets.
If the majority of potential ticket buyers are induced to purchase three-dollar tickets, the potential ticket holders that can only afford to purchase a one-dollar ticket are still provided with an incentive to participate in the lottery because these ticket holders can still win a portion of a progressive jackpot 2312 that can potentially grow quite large. The growth of the progressive jackpot 2312 can be enhanced further with the percentage contribution from the higher-priced tickets and relatively high starting jackpots resulting from probability-based third-party prize guarantees, as compared with the more traditional pari-mutuel-based single-priced-online lottery model. The potential ticket holders that can afford the higher-priced instant online tickets can be even further induced to purchase higher-priced tickets due to the prospect of winning a larger portion of the progressive jackpot and higher secondary prizes. As stated previously, lottery players have an incentive to buy three-dollar tickets where the more expensive tickets provide the opportunity to win a greater distribution percentage. With a progressive jackpot, players have an even greater incentive to buy tickets that are more expensive because the jackpot keeps increasing and the potential distribution grows larger.
Furthermore, when a multiple pricing scheme is utilized, players are further encouraged to buy instant online lottery tickets. In traditional lotteries, when the jackpot is won, the next game starts anew with a starting-level jackpot that is generally low. When a multiple pricing scheme is utilized, however, the jackpot is on average maintained at higher levels than without a multiple-pricing scheme.
That is, following the matching of the instant online lottery number with any one of the game-play combinations, the progressive jackpot is reduced for ongoing games. For example, instant online lottery tickets can be offered at three different prices: one dollar, two dollars, and three dollars. A player with a one-dollar ticket could win twenty-five percent of the progressive jackpot, a player with a two-dollar ticket could win fifty percent of the progressive jackpot, and a player with a three-dollar ticket could win one hundred percent of the progressive jackpot. If the player with the three-dollar instant online lottery ticket was the winner, the progressive jackpot can be reduced by the full amount of the jackpot. Then, the jackpot can start at zero or at a minimum guaranteed amount. If the player with a one-dollar instant online lottery ticket was the winner, such winner could win only twenty-five percent of the jackpot, and the remaining seventy-five percent could carry over for continuing play. Similarly, if the winner was a purchaser of a two-dollar instant online lottery ticket, such winner could only win fifty percent of the jackpot, and the balance of fifty percent could be carried over for continuing play. In essence, a rollover is provided when no player wins the progressive jackpot, and a limited rollover is provided even when there is a winner, as long as the winner has a lower-denomination or lower-priced ticket. Accordingly, where the jackpot is on average at a significantly higher level potential customers or players can be induced to participate and purchase lottery tickets or to increase the amount spent in the purchase of a ticket. This is in contrast to traditional online lottery games, which only permit the purchase of single-priced tickets and, therefore, do not have the potential for limited rollovers and have jackpots that fall to minimum levels after each jackpot win. Traditional online lottery games do not provide the same inducement to potential lottery ticket holders to purchase or increase the amount spent on lottery tickets as the multi-priced instant online model described herein.
As it is well known in the art, higher jackpots attract more players to the game. An instant online lottery game that has both a progressive jackpot that continuously grows with the instant online lottery ticket sales and a multiple-level pricing scheme can maintain the average progressive jackpot at higher levels. Higher average progressive jackpots can also be achieved through higher-starting jackpot amounts resulting from a probabilistic model and use of third-party prize guarantees. Higher average progressive jackpots further induce play and increase ticket sales revenue.
DAILY ONLINE LOTTERY
The lottery game described in FIGS. 5-11 can alternatively be provided as a daily-draw or delayed draw lottery game, as an alternative to an instant online lottery game. In one embodiment, an instant online lottery number can be selected first when the ticket is purchased and, at the end of the game day, following the last ticket purchase, by a draw of each of the game-play combinations. In another embodiment, an instant draw or selection can be made by a random number generator for all of the game-play combinations in the form of a matrix or grid and set forth in the purchased ticket. Upon the completion of the game there can be a subsequent draw for the selection of the winning lottery number. Two or more ticket holders can have instant online lottery numbers that provide a match and qualify for the jackpot or a percentage of the jackpot. In one embodiment, the jackpot distribution can be shared among the winning ticket holders.
Inter-sharing and intra-sharing methodologies can be implemented in this daily online lottery game. For instance, if two players win a progressive jackpot following the same draw, the two players can intra-share if they purchased daily online lottery tickets for the same price or can inter-share if they purchased daily online lottery tickets for different prices. If multiple players win at the same time, the players can inter-share across price categories and can intra-share within the same price category.
In one example, there can be a three-dollar ticket winner and a one-dollar ticket winner. The jackpot can be for ten million dollars. The three-dollar ticket winner can share the jackpot with the one-dollar ticket winner. The one-dollar ticket winner can receive one million two hundred fifty thousand dollars through an inter-sharing distribution. Further, the three-dollar ticket winner can receive one million two hundred fifty thousand dollars through an inter-sharing distribution formula. Finally, the three-dollar ticket winner can receive seven million five hundred thousand dollars through an intra-shared distribution.
INSTANT GAME—MONEY SQUARES
In one embodiment, a second multi-priced instant game can be provided. The instant game can be similar in certain respects to the traditional instant peel-off or scratch-off games but can be offered and played with a ticket that is printed at a traditional online lottery terminal instead of using a traditional pre-printed instant-style ticket. In addition, the multi-priced instant game can include a multiple pricing scheme that offers ticket purchasers the option of playing for larger prizes if a higher-priced ticket is purchased and for smaller prizes if a lower-priced ticket is purchased. In one embodiment, the instant game can be provided by itself. In another embodiment, the instant game can be offered in combination with the lottery game described in FIGS. 5-11 and without any separate charge. In another embodiment, the instant game can be offered as an add-on game requiring a second or optional purchase.
FIG. 24 illustrates a multi-priced instant game ticket 2400. In one embodiment, the instant game ticket can include a set of winning combinations 2402, a set of playing combinations 2404, a ticket identifier 2406 and a timestamp 2408. In one embodiment, the set of winning combinations 2402 can include squares each having a number and symbol combination that is utilized to compare against the playing combinations 2404. In addition, the set of playing combinations 2404 can each have a number and symbol combination. The symbol utilized in the playing combinations 2404 and the winning combinations 2402 can be a word, a color, a picture, a geometrical figure, a Greek symbol, a Latin symbol, a Hebrew symbol, to name a few. In another embodiment, the combination utilized can be a symbol-symbol combination, etc. The ticket identifier 2406 can be, for example, a serial number, a bar code, etc., that can uniquely identify the instant game ticket among other instant game tickets. In addition, a time stamp 2408 can also be provided on the instant online lottery ticket 2400 to display the time at which the ticket was printed and presented to the player.
In one embodiment, all of the playing combinations in the set of playing combinations can have a number and symbol combination. In another embodiment, only some of the playing combinations in the set of playing combinations can be seeded with number and symbol combinations. For example, only playing combinations 2420, 2422, 2424, 2426, and 2428 are seeded with a number and symbol combination.
In another embodiment, the playing combinations having a number and symbol combination can include a prize designation. For example, playing combination 2420 includes a prize designation of $100, playing combination 2428 includes a prize designation of $200, playing combination 2422 includes a prize designation of $300, playing combination 2424 includes a prize designation of $400, and playing combination 2426 includes a prize designation of $500.
A player can win if one of the squares in the set of playing combinations 2404 matches one of the winning combinations 2402 as to both the number and symbol combination. For example, playing combination 2428 includes a {7, Red} combination. Winning combination 2410 also includes a {7, Red} combination. Therefore, instant game ticket 2400 can win two hundred dollars according to the prize designation in playing combination 2428.
In another example, winning combination 2412 includes a {41, Yellow} combination. “Yellow” only appears in playing combination 2420 which includes a {10, Yellow} combination. Thus, instant game ticket 2400 does not win based on winning combination 2412.
In yet another example, winning combination 2414 includes a {20, Green} combination. The number “30” only appears in playing combination 2430, and has no symbol in combination with this number. Therefore, instant game ticket 2400 does not win based on winning combination 2414 either. In another example, winning combination 2416 includes a {31, Blue} combination. In yet another example, winning combination 2418 includes a {Black, 24} combination.
FIG. 25 illustrates a process 2500 for operating the instant game. At a process block 2502, a selection of an instant game ticket price can be received. A determination of instant prizes that can be won can be made at a process block 2504. In one embodiment, the instant prizes that can be won can be displayed for all of the price categories prior to the player's selection at the process block 2502. The instant prizes that can be won can depend upon the price of the instant game ticket. A higher ticket price can increase the number of instant prizes that can be won, as well as the amount of the prizes.
At a process block 2506, the winning combinations can be randomly selected. In one embodiment, a quick pick can be utilized to randomly select the winning combinations. The player can choose the quick-pick button to have the instant game unit randomly generate the winning combinations for the player. In another embodiment, the instant game unit can receive randomly generated winning combinations from a server. At a process block 2508, the playing combinations can be generated. In one embodiment, the instant game unit can generate the playing combinations. In another embodiment, the server can generate the playing combinations.
At a process block 2510, a comparison can be made between each of the winning combinations and each of the playing combinations. In one embodiment, the instant game unit can perform this comparison. In another embodiment, the server can perform this comparison. At a decision block 2512, a determination can be made if a winning combination matches a playing combination. If there is a match, the process 2500 can proceed to a process block 2514 where the winner can be provided with the instant prize associated with the selected instant game ticket price. In one embodiment, the instant prize awarded to the winning player can be printed in the matching playing combination. The process 2500 can then proceed to the end block 2516. If none of the playing combinations matches any of the winning combinations, process 2500 can proceed to the end block 2516.
FIG. 26 illustrates a table 2600 of prizes in a multi-priced instant game. Each price category can have an associated set of prizes. The associated set of prizes for a first price category 2602 can be, for example, a set of six different prizes. In another embodiment, the number of prizes for the first price category can be any other number of prizes. In one example, the first price category 2602 can be a two-dollar category. The first price category 2602 can have a set of prizes that includes one thousand dollars, one hundred dollars, twenty dollars, ten dollars, five dollars and a free ticket prize. Each of the prizes in the set of prizes can have associated odds. In one embodiment, the odds associated with each of the prizes in the first price category can determine whether the generated winning combinations match the playing combinations. Thus, tickets in the first price category 2602 can be seeded in the appropriate playing combinations according to odds that the lottery operator sets. For example, the odds for a twenty-dollar prize for the first price category can be 1/750.
In another embodiment, there can be second price category 2604. The associated set of prizes for the second price category 2604 can be, for example, a set of seven different prizes. In another embodiment, the number of prizes for the second price category 2604 can be any other number of prizes. In one example, the second price category 2604 can be a three-dollar category. The second price category 2604 can have a set of prizes that includes two thousand five hundred dollars, two hundred fifty dollars, twenty dollars, ten dollars, five dollars and a free ticket prize. Each of the prizes in the set of prizes can have associated odds. In one embodiment, the odds associated with each of the prizes in the second price category 2604 can determine whether the generated winning combinations match the playing combinations. Thus, tickets in the second price category 2604 can be seeded in the appropriate playing combinations according to odds that the lottery operator sets. For example, the odds for a twenty-dollar prize for the second price category 2604 can be 1/750. As a result, ticket holders for a first price category and a second price category can have a chance at winning a twenty-dollar prize based on the same odds. That is, the odds of winning a twenty-dollar prize for a first price category, and the odds of winning a twenty-dollar prize for a second price category, can both be 1/750. In another embodiment, there can be different odds applicable to the same prize for different price categories.
In yet another embodiment, there can be a third price category 2606. The associated set of prizes for the third price category 2606 can be, for example, a set of eight different prizes. In another embodiment, there can be a fourth price category 2608. The associated set of prizes for the fourth price category 2608 can be, for example, a set of nine different prizes. In yet another embodiment, the set of prizes can be the same in number for different price categories but differ in amount or with respect to the odds of winning a prize of a fixed amount.
FIG. 27A illustrates an instant game ticket in a first price category. In one embodiment, the first price category can be a three-dollar ticket price. A playing combination 2420 can include the number-symbol combination {41, Yellow}. An associated prize with the playing combination 2420 can be two thousand five hundred dollars. Therefore, if the ticket includes a matching winning combination of {41, Yellow}, the ticket holder can win the prize of two thousand five hundred dollars. Winning combination 2412 includes the number-symbol combination {41, Yellow}. Accordingly, the three-dollar ticket holder can win two thousand five hundred dollars.
FIG. 27B illustrates an instant game ticket in a second price category. In one embodiment, the second price category can be a four-dollar ticket price. A similar set of winning combinations and playing combinations as those in FIG. 27A can be randomly generated for the four-dollar ticket. A playing combination 2420 can include the number-symbol combination {41, Yellow}. An associated prize with the playing combination 2420 can be ten thousand hundred dollars. Therefore, if the ticket includes a matching winning combination of {41, Yellow}, the ticket holder can win the prize of ten thousand dollars. Winning combination 2412 includes the number-symbol combination {41, Yellow}. Accordingly, the four-dollar ticket holder can win ten thousand dollars.
FIG. 28 illustrates the prize distributions for an instant online lottery game in combination with a separate instant game offered online. The instant online lottery game described in reference to FIGS. 5-11 can be provided in conjunction with the instant game. In one embodiment, the instant game can be provided as a free addition to the instant online lottery game for the same price. In another embodiment, the instant game can be available as an option to players who can choose to pay an additional price for playing the instant game.
The prize distributions 2804 for the instant game can be separate from those attributable to the previously described instant online lottery game referenced in FIGS. 5-11. In the instant online lottery game, a lottery number is provided to the player and compared to a set of game-play combinations. The prize a player can win can depend on the ticket price selected by the player and whether there was a complete or a partial match of the set of numbers with one of the game-play combinations.
On the other hand, the prize distributions 2806 for the instant game can be awarded as described above in reference to FIGS. 24-27. As such, the prize distributions 2804 and 2806 can be based on different odds. An example of a jackpot 2802 is two million five hundred thousand dollars.
In one embodiment, the price categories of the instant online lottery game correspond directly with the price categories of the instant game. In one example, the first price category for the instant online lottery game can correspond directly to the first price category of the instant game. Thus, a two-dollar player, for example, can play an instant online lottery game with a prize distribution of five hundred thousand dollars for a complete match. Further, secondary prizes of one hundred dollars, ten dollars, and two dollars can be available for partial matches. The same two-dollar player can also play the instant game with potential prizes of one thousand dollars, one hundred dollars, twenty dollars, ten dollars five dollars and a free ticket.
In another embodiment, where the instant game is provided at an extra cost, an instant online lottery game can be provided with a set of price categories, and an optional add-on instant game can be provided with a different set of price categories. The price categories for the instant game can be the add-on prices.
FIG. 29 illustrates a three-dollar ticket for an instant online lottery game in combination with an instant game offered online. The instant online lottery game and the instant game can be combined together in a single ticket 2900. In one embodiment, the playing combinations for the instant game can be seeded to reflect a fixed allocation of prizes representing a pre-determined percentage of ticket sales revenues and allocated among the squares in a grid or matrix used for the instant online lottery game. In one example, the ticket price 2902 can be three dollars. An instant online lottery number 2904 can be provided for playing the instant online lottery game. Further, a set of winning combinations 2906 can also be provided for playing the instant game. Finally, a player's game board 2908 can be a seven-by-seven matrix with numbers one to forty-nine randomly placed on the player's game board 2908.
In one example, the fourth column of the player's game board 2908 can include four of the seven numbers in the instant online lottery number 2904. If column four is designated as a playline that includes a winning subset of the lottery numbers, the ticket 2900 can win a prize for matching four numbers. For example, the instant online lottery number {2, 35, 13, 7, 9, 17, 31} matches the numbers {2, 13, 7, 31} in the game-play combination. If the prize distribution illustrated in FIG. 28 is used, the three-dollar ticket holder can win two dollars.
In another example, the same three-dollar ticket holder can play the instant game. Only playing combination 2910 matches the winning number-symbol combination. Playing combination 2910 includes the combination {24, Blue}. One of the winning combinations has the combination {24, Blue}. As a result, the three-dollar ticket holder can win the amount indicated in the playing combination 2910, two hundred and fifty dollars.
FIG. 30 illustrates a four-dollar ticket for an instant online lottery game in combination with an instant game. The instant online lottery game and the instant game can be combined together in a single ticket 3000 such that the playing combinations can be seeded in the instant online lottery game matrix. In one example, the ticket price 3002 can be four dollars. Like the three-dollar ticket illustrated in FIG. 31, the four-dollar ticket can include the instant online lottery game as well as the instant game. However, the playing combinations seeded on the player's game board can include higher prizes, and/or present a greater chance of winning a prize as discussed with reference to FIG. 28.
In one example, the fourth column of the player's game board 3008 can include four of the seven numbers in the instant online lottery number 3004. If column four is designated as a playline that includes one of the game-play combinations, the ticket 2900 can win a prize for matching four numbers. Namely, the instant online lottery number {2, 35, 13, 7, 9, 17, 31} matches the numbers {2, 13, 7, 31} in the game-play combination. If the prize distribution illustrated in FIG. 28 is used, the four-dollar ticket holder can win three dollars.
In another example, the same four-dollar ticket holder can play the instant game. Only playing combination 3010 matches the number-symbol combination. Playing combination 3010 includes the combination {24, Blue}, and a winning combination 3006 has the combination {24, Blue}. As a further example, playing combination 3012 has the combination {46, Red}. As a result, the four-dollar ticket holder can win the amount indicated in the playing combination 3010, five hundred dollars.
THIRD-PARTY GUARANTEE
FIG. 31 illustrates a probabilistic instant online lottery game system 3100. The instant online lottery game system with a progressive jackpot 2300 can be used in conjunction with the probabilistic lottery system 3100. In one embodiment, a jackpot guarantor 3102 can assume the risk that would normally not exist in a pure pari-mutuel lottery game. In another embodiment, the risk can be assumed in whole or in part by the lottery operator 3120, or by the sponsoring jurisdiction, government, or quasi-government body. In another embodiment, the jackpot guarantor 3102 can be a privately owned organization other than a jurisdiction. In another embodiment, the jackpot guarantor 3102 can be a publicly held company. In yet other embodiments, the jackpot guarantor 3102 can be an individual or a not-for-profit organization. In another embodiment, the obligation of the jackpot guarantor 3102 can be supported through the purchase and application of prize indemnity insurance provided by an insurance company or reinsurer. The jackpot guarantor 3102 can establish a pre-determined starting jackpot 3140. In one embodiment, the pre-determined starting jackpot 3140 can be a substantial prize that can entice ticket holders 108 that would not normally purchase a lottery ticket to do so. The lottery operator 3120 can advertise the pre-determined starting jackpot 3140 in order to stimulate and increase ticket sales. In one embodiment, the pre-determined starting jackpot 3140 is unfunded. Instead, the jackpot guarantor 3102 can set the pre-determined starting jackpot 3140 at an amount that is large enough so that there is a probability that the allocable prize portion of ticket sales can equal or exceed the pre-determined starting jackpot 3140. If the allocable prize portion of ticket sales is less than the pre-determined starting jackpot 3140, the jackpot guarantor 3102 would assume the risk for paying the differential between the ticket sales, or the allocable portion thereof, and the jackpot 3130.
In one embodiment, the jackpot guarantor 3102 can provide a guarantee to the lottery operator 3120. In one embodiment, the guarantee can provide that the jackpot guarantor 3102 assumes the risk for paying the pre-determined starting jackpot 3140 if the allocable prize portion of ticket sales is not sufficient to cover the pre-determined starting jackpot 3140. In another embodiment, the guarantee can provide that the jackpot guarantor assumes the risk of paying the amount of any secondary prizes that are won, to the extent that the allocable prize portion of ticket sales is not sufficient.
In one embodiment, the jackpot guarantor 3102 can provide the guarantee in exchange for a stipulation. In one embodiment, the stipulation can include an obligation by the lottery operator 3120 to provide a percentage of revenue generated from future ticket sales in exchange for the guarantee. In another embodiment, the stipulation includes an obligation by the lottery operator 3120 to provide a fee in exchange for the guarantee.
The lottery operator 3120 can receive payments for ticket sales from the point of sale 106. Further, the lottery operator 3120 can receive instant online lottery numbers from the tickets sold to the ticket holders 108 from the point of sale 3106. The lottery operator can provide the instant online lottery numbers to the winning number selector 3110 to determine which tickets are the winning tickets.
In one embodiment, the jackpot guarantor 3102 can allocate the funds to the pre-determined starting jackpot 3140 pool. In one embodiment, the entity can set aside the large prize in a protected account to provide for payment. Therefore, the lottery operator can advertise a large prize because another entity actually has set aside the large prize. In another embodiment, the starting jackpot amount is not set aside but payment of the jackpot is assured through prize indemnity insurance, a performance bond or another form of financial insurance or protection which can be provided by a financially secure insurance company through a policy naming the lottery as a beneficiary. In another embodiment, the financial condition of the jackpot guarantor 3102 can be sufficient to provide necessary financial assurance without the need for any bond or other form financial protection.
FIG. 32 illustrates a probabilistic software configuration 3200 that can be used with the probabilistic lottery system in conjunction with the multiple-pricing shared-jackpot system 1800. As can be seen from FIG. 32, the probabilistic software configuration 3200 can include software for establishing a guarantee for a pre-determined lottery prize 3140. A guarantee transmission module 3204 can transmit the guarantee through a network 3208. The network 3208 can be a wide-area network, a local area network, the network, a wireless network, or any other network known to one of ordinary skill in the art. The guarantee transmission module 3204 can transmit the guarantee in exchange for a stipulation. In one embodiment, the stipulation can be an obligation for a percentage of future ticket sales. A stipulation reception module 3206 can receive the stipulation through the network 3208. In one embodiment, after the stipulation reception module 3206 receives the stipulation, the stipulation reception module 3206 can transmit a confirmation that the stipulation was received to the guarantee transmission module 3204.
A guarantee reception module 3210 can receive the guarantee from the network 3208. In one embodiment, upon receiving the guarantee, the guarantee reception module 3210 can provide an instruction to a stipulation transmission module 3212. The stipulation transmission module 3212 can then send the stipulation through the network 3208. As discussed above, the stipulation reception module 3206 can receive the stipulation and send the confirmation to the guarantee transmission module 3204 that the guarantee has been sent and that the stipulation, in exchange for which the guarantee was sent, has been received. The lottery creation module 3214 creates the lottery game, upon receiving the guarantee, with the jackpot 3130.
Although certain illustrative embodiments and methods have been disclosed herein, it will be apparent form the foregoing disclosure to those skilled in the art that variations and modifications of such embodiments and methods can be made without departing from the true spirit and scope of the art disclosed. Many other examples of the art disclosed exist, each differing from others in matters of detail only. For instance, various variations of matrices can be utilized, such as a four-by-four matrix, a five-by-five matrix, a six-by-six matrix, a nine-by-nine matrix, etc. Further, different prize distributions, price categories, and the various features of the instant online lottery game and the instant game can be combined into discrete lottery schemes.
Finally, it will also be apparent to one skilled in the art that other indicia can be printed on a lottery ticket such as advertising, media, news, coupons, passes to events, etc. Accordingly, it is intended that the art disclosed shall be limited only to the extent required by the appended claims and the rules and principles of applicable law.
Claims (69)
1. An instant online lottery game unit to offer an instant online lottery game to a player, comprising:
a price selection input that receives a selection of an instant online lottery ticket price at which an instant online lottery ticket is to be purchased and at which a player is automatically entered into the instant online lottery game, the instant online lottery ticket price being selected from a plurality of a predetermined set of instant online lottery ticket prices, each of the instant online lottery ticket prices corresponding to a distinct known percentage of a progressive jackpot which increases in size based on a portion of ticket sales revenue and that can be won with one of a plurality of game-play combinations;
a communication controller that receives an instant online lottery number and a plurality of game-play combinations from a server, the instant online lottery number being generated by a first random number generator at the server, the plurality of game-play combinations being generated by a second random number generator at the server, wherein the instant online lottery number and the plurality of game-play combinations is provided to the player at the time of purchase of the instant online lottery ticket; and
an instant online lottery processor configured to compare the instant online lottery number with each game-play combination in the plurality of game-play combinations after the instant online lottery number and the plurality of game-play combinations is received from the server and before the player is provided with the instant online lottery number and the plurality of game-play combinations, wherein the instant online lottery processor calculates a distribution of the progressive jackpot to the player based upon the distinct known percentage associated with the instant online lottery ticket price selected by the player if the instant online lottery number matches in full any one of the plurality of game-play combinations.
2. The instant online lottery game unit of claim 1, wherein the processor is further configured to compare the instant online lottery number with each game-play combination in the plurality of game-play combinations, the instant online lottery processor calculating a secondary prize distribution to the player based upon the instant online lottery ticket price selected by the player if the instant online lottery number includes a subset of numbers in any one of the plurality of game-play combinations.
3. The instant online lottery game unit of claim 2, wherein the secondary prize distribution is guaranteed by a third party.
4. The instant online lottery game unit of claim 1, wherein the plurality of game-play combinations is printed on an instant online lottery ticket in the form of a matrix.
5. The instant online lottery game unit of claim 4, wherein each of the rows of the matrix provides a set of numbers that define a game-play combination.
6. The instant online lottery game unit of claim 4, wherein each of the columns of the matrix provides a set of numbers that define a game-play combination.
7. The instant online lottery game unit of claim 4, wherein each of the diagonals of the matrix provides a set of numbers that define a game-play combination.
8. The instant online lottery game unit of claim 4, wherein the plurality of game-play combinations is defined by the set of numbers in each of the rows, columns, and diagonals of the matrix.
9. The instant online lottery game unit of claim 1, wherein the portion of ticket sales revenue is accumulated according to distinct percentages, each of the distinct percentages being associated with each of the instant online lottery ticket prices.
10. The instant online lottery game unit of claim 1, wherein the portion of ticket sales revenue is accumulated according to identical percentages, each of the identical percentages being associated with each of the instant online lottery ticket prices.
11. The instant online lottery game unit of claim 1, wherein the portion of ticket sales revenue is accumulated according to distinct amounts, each of the distinct amounts being associated with each of the instant online lottery ticket prices.
12. The instant online lottery game unit of claim 1, wherein the portion of ticket sales revenue is accumulated according to identical amounts, each of the identical amounts being associated with each of the instant online lottery ticket prices.
13. The instant online lottery game unit of claim 1, wherein the instant online lottery ticket price selected by the player is the most expensive price, and if the instant online lottery number matches in full one of the game-play combinations, the player is awarded with the progressive jackpot.
14. The instant online lottery game unit of claim 13, wherein the server sends a decreased value of the progressive jackpot to each one of the plurality of instant online lottery units if the instant online lottery number from the player matches in full one of the game-play combinations.
15. The instant online lottery game unit of claim 1, wherein the instant online lottery ticket price selected by the player is less than the most expensive price, and if the instant online lottery number matches in full one of the game-play combinations, the player is awarded a pre-determined portion of the progressive jackpot.
16. The instant online lottery game unit of claim 15, wherein the server sends a decreased value of the progressive jackpot to each one of the plurality of instant online lottery units if the instant online lottery number from the player matches in full one of the game-play combinations.
17. The instant online lottery game unit of claim 1, wherein the progressive jackpot is a probabilistic progressive jackpot that has a value which can be greater than revenue generated from the sale of a plurality of instant online lottery tickets.
18. The instant online lottery game unit of claim 17, wherein the progressive jackpot is guaranteed by a third party.
19. The instant online lottery game unit of claim 1, wherein a value of the progressive jackpot is received from the server.
20. The instant online lottery game unit of claim 1, further comprising a memory which stores the value of the progressive jackpot.
21. The instant online lottery game unit of claim 1, wherein the instant online lottery unit is linked to a plurality of instant online lottery units, the instant online lottery unit and the plurality of instant online lottery units being connected through the server.
22. The instant online lottery game unit of claim 21, wherein the server sends an increased value of the progressive jackpot to each one of the plurality of instant online lottery units.
23. The instant online lottery game unit of claim 1, wherein an instant game is provided together with the instant online lottery game.
24. The instant online lottery game unit of claim 23, wherein the communication controller further receives a plurality of playing number-symbol combinations and a plurality of winning number-symbol combinations from the server, wherein the instant game processor compares each one of the plurality of playing number-symbol combinations with each one of the plurality of winning number-symbol combinations to determine if the player has won an instant game prize.
25. The instant online lottery game unit of claim 1, wherein the instant game prize is guaranteed by a third party.
26. The instant online lottery game unit of claim 1, wherein the instant online lottery unit is part of a traditional lottery unit configured to offer future-draw online lottery tickets.
27. A system for an instant online lottery game, comprising:
a server that stores a progressive jackpot that can be won with an instant online lottery number, wherein the progressive jackpot increases in size based on a portion of ticket sales revenue, the server having a first random number generator that generates the instant online lottery number and a second random number generator that generates a plurality of game-play combinations, wherein the instant online lottery number and the plurality of game-play combinations is provided to the player at the time of purchase of the instant online lottery ticket; and
a plurality of instant online lottery units in communication with the server, each of the plurality of instant online lottery units receiving the progressive jackpot value from the server, each of the instant online lottery units having a price selection input that receives a selection of an instant online lottery ticket price at which an instant online lottery ticket is to be purchased and at which a player is automatically entered into the instant online lottery game, the instant online lottery ticket price being selected from a predetermined set of a plurality of instant online lottery ticket prices, wherein each of the instant online lottery ticket prices corresponds to a distinct known percentage of a progressive jackpot, wherein at least one of the plurality of instant online lottery units receives the plurality of game-play combinations and the instant online lottery number.
28. The system of claim 27, wherein the server compares the instant online lottery number with each game-play combination in the plurality of game-play combinations, wherein the server calculates a distribution of the progressive jackpot to the player based upon the distinct known percentage associated with the instant online lottery ticket price selected by the player if the instant online lottery number matches in full any one of the plurality of game-play combinations.
29. The system of claim 27, wherein the server further compares the instant online lottery number with each game-play combination in the plurality of game-play combinations, the server calculating a secondary prize distribution to the player based upon the instant online lottery ticket price selected by the player if the instant online lottery number includes a subset of numbers in any one of the plurality of game-play combinations.
30. The system of claim 29, wherein the secondary prize distribution is guaranteed by a third party.
31. The system of claim 27, wherein the plurality of game-play combinations is printed on an instant online lottery ticket in the form of a matrix.
32. The system of claim 31, wherein each of the rows of the matrix provides a set of numbers that define a game-play combination.
33. The system of claim 31, wherein each of the columns of the matrix provides a set of numbers that define a game-play combination.
34. The system of claim 31, wherein each of the diagonals of the matrix provides a set of numbers that define a game-play combination.
35. The system of claim 31, wherein the plurality of game-play combinations is defined by the set of numbers in each of the rows, columns, and diagonals of the matrix.
36. The system of claim 27, wherein the portion of ticket sales revenue is accumulated according to distinct percentages, each of the distinct percentages being associated with each of the instant online lottery ticket prices.
37. The system of claim 27, wherein the portion of ticket sales revenue is accumulated according to identical percentages, each of the identical percentages being associated with each of the instant online lottery ticket prices.
38. The system of claim 27, wherein the portion of ticket sales revenue is accumulated according to distinct amounts, each of the distinct amounts being associated with each of the instant online lottery ticket prices.
39. The system of claim 27, wherein the portion of ticket sales revenue is accumulated according to identical amounts, each of the identical amounts being associated with each of the instant online lottery ticket prices.
40. The system of claim 27, wherein the instant online lottery ticket price selected by the player is the most expensive price, and if the instant online lottery number matches in full one of the game-play combinations, the player is awarded with the progressive jackpot.
41. The system of claim 27, wherein the instant online lottery ticket price selected by the player is less than the most expensive price, and if the instant online lottery number matches in full one of the game-play combinations, the player is awarded a pre-determined portion of the progressive jackpot.
42. The system of claim 27, wherein an instant game is provided together with the instant online lottery game.
43. The system of claim 42, wherein the server further comprises a third random number generator that generates a plurality of playing number-symbol combinations for the instant game and a fourth random number generator that generates a plurality of winning number-symbol combinations, and wherein server compares each one of the plurality of playing number-symbol combinations with each one of the plurality of winning number-symbol combinations to determine if the player has won an instant game prize.
44. The system of claim 43, wherein the instant game prize is guaranteed by a third party.
45. The system of claim 42, wherein the first random number generator generates a plurality of playing number-symbol combinations for the instant game and the second random number generator generates a plurality of winning number-symbol combinations, and wherein the server compares each one of the plurality of playing number-symbol combinations with each one of the plurality of winning number-symbol combinations to determine if the player has won an instant game prize.
46. The system of claim 27, wherein the instant game prize is guaranteed by a third party.
47. The system of claim 27, wherein after an instant online lottery ticket is purchased at one of the plurality of instant online lottery units, the server sends an increased progressive jackpot value to each of the plurality of instant online lottery units so that each of the plurality of instant online lottery units can provide the player with a current progressive jackpot value.
48. The system of claim 27, wherein the server sends a decreased progressive jackpot value to each of the instant online lottery units so that the instant online lottery units can provide the player with the current progressive jackpot value.
49. The system of claim 27, wherein the server sends the decreased value of the progressive jackpot to each one of the plurality of instant online lottery units if the instant online lottery number from the player matches in full one of the game-play combinations.
50. The system of claim 27, wherein the progressive jackpot is a probabilistic progressive jackpot that has a value which can be greater than revenue generated from the sale of a plurality of instant online lottery tickets.
51. The system of claim 50, wherein the progressive jackpot is guaranteed by a third party.
52. The system of claim 27, wherein each of the plurality of instant online lottery units is part of a traditional lottery unit configured to offer future-draw online lottery tickets.
53. A method of operating an instant online lottery comprising:
receiving, at an instant online lottery unit, a selection of an instant online lottery ticket price from a plurality of a predetermined set of instant online lottery ticket prices and at which a player is automatically entered into the instant online lottery game, wherein the selection is made by a player of an instant online lottery game;
determining a percentage of a progressive jackpot value which increases in size based on a portion of instant online lottery ticket sales revenue, wherein the percentage of the progressive jackpot that can be won is in accordance with the selection of the instant online lottery ticket price;
randomly generating, at the instant online lottery unit, a first set of numbers in a first format, the first set of numbers being generated by a first random number generator;
randomly generating, at the instant online lottery unit, a second set of numbers in a second format, the second set of numbers being generated by a second random number generator;
comparing the first set of numbers with the second set of numbers to determine if the first set of numbers matches a subset of the second set of numbers;
determining the percentage of the progressive jackpot to be awarded to a player if the first set of numbers matches a subset of the second set of numbers; and
printing, with a lottery ticket printer, the first set of numbers on the instant online lottery ticket using the first format, and the second set of numbers on the instant online lottery ticket using the second format.
54. The method of claim 53, wherein the second set of numbers is arranged as a matrix and the subset of the second set of numbers comprises the numbers in a row of the matrix.
55. The method of claim 53, wherein the second set of numbers is arranged as a matrix and the subset of the second set of numbers comprises the numbers in a column of the matrix.
56. The method of claim 53, wherein the second set of numbers is arranged as a matrix and the subset of the second set of numbers comprises the numbers in a diagonal of the matrix.
57. The method of claim 53, wherein the second set of numbers is arranged as a matrix, and the subset of the second set of numbers comprises the numbers in a row, a column, or a diagonal of the matrix.
58. The method of claim 53, wherein the second set of numbers is arranged as a matrix, wherein the player is awarded with a secondary prize distribution if a subset of the first set of numbers matches a subset of the second set of numbers.
59. The method of claim 58, wherein the secondary prize distribution is guaranteed by a third party.
60. The method of claim 53, wherein the portion of ticket sales revenue is accumulated according to distinct percentages, each of the distinct percentages being associated with each of the instant online lottery ticket prices.
61. The method of claim 53, wherein the portion of ticket sales revenue is accumulated according to identical percentages, each of the identical percentages being associated with each of the instant online lottery ticket prices.
62. The method of claim 53, wherein the portion of ticket sales revenue is accumulated according to distinct amounts, each of the distinct amounts being associated with each of the instant online lottery ticket prices.
63. The method of claim 53, wherein the portion of ticket sales revenue is accumulated according to identical amounts, each of the identical amounts being associated with each of the instant online lottery ticket prices.
64. The method of claim 53, wherein the instant online lottery ticket price selected by the player is the most expensive price, and if the instant online lottery number matches in full one of the game-play combinations, the player is awarded with the progressive jackpot.
65. The method of claim 53, wherein the instant online lottery ticket price selected by the player is less than the most expensive price, and if the instant online lottery number matches in full one of the game-play combinations, the player is awarded a pre-determined portion of the progressive jackpot.
66. The method of claim 53, wherein an instant game is provided together with the instant online lottery game.
67. The method of claim 66, further comprising:
randomly generating a plurality of playing number-symbol combinations for the instant game;
randomly generating a plurality of winning number-symbol combinations; and
comparing each one of the plurality of playing number-symbol combinations with each one of the plurality of winning number-symbol combinations to determine if the player has won an instant game prize.
68. The method of claim 53, wherein the progressive jackpot is a probabilistic progressive jackpot that has a value which can be greater than revenue generated from the sale of a plurality of instant online lottery tickets.
69. The method of claim 68, wherein the progressive jackpot is guaranteed by a third party.
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28 Cal.App.2d 621 (1938)
C. W. HOSMAN, Respondent,
v.
SOUTHERN PACIFIC COMPANY (a Corporation), Appellant.
Civ. No. 10573.
California Court of Appeals. First Appellate District, Division One.
October 7, 1938.
A. B. Dunne and Dunne & Dunne for Appellant.
Clifton Hildebrand and Goodman & Brownstone for Respondent.
Tuttle, J., pro tem.
Plaintiff, at a jury trial, recovered judgment against defendant railroad company in the sum of $20,000 for personal injuries. The action is based on the *624 Federal Employers' Liability Act (45 U.S.C.A. 51) and the Federal Safety Appliance Act (45 U.S.C.A. 11).
In its "statement of issues", appellant presents the following questions arising on this appeal: (1) Whether the evidence was sufficient to support any verdict for plaintiff. (2) Whether, in view of the evidence, there was reversible error in respect of instructions given and refused. (3) Whether the verdict was not excessive and unsupported by the evidence. (4) Whether the action was barred as to the state courts by the state statute of limitations.
[1] Taking up the question of the sufficiency of the evidence, it becomes necessary to first determine the power and duty of this court in a case of this character. Are we to be guided by the law and the decisions of the courts of California, or shall those of the federal jurisdiction apply? The foregoing inquiry seems to have been definitely answered by the Supreme Court of the United States in the case of Chicago, M. & St. P. R. Co. v. Coogan, 271 U.S. 472 [46 S.Ct. 564, 70 L.Ed. 1041], where the rule is thus stated: "By the Federal Employers' Liability Act, Congress took possession of the field of employers' liability to employees in interstate transportation by rail; and all state laws upon that subject were superseded. (Citing cases.) The rights and obligations of the petitioner depend upon that act and applicable principles of common law as interpreted by the federal courts. The employer is liable for injury or death resulting in whole or in part from the negligence specified in the act; and proof of such negligence is essential to recovery. The kind or amount of evidence required to establish it is not subject to the control of the several states. This court will examine the record, and if it is found that as a matter of law, the evidence is not sufficient to sustain a finding that the carrier's negligence was a cause of the death, judgment against the carrier will be reversed. (Citing cases.)"
An examination of the cases bearing on the federal rules for determining the sufficiency of the evidence on appeal indicates that they are fundamentally in harmony with those in our own jurisdiction. The general rule in our federal courts is fully stated in the case of Gunning v. Cooley, 281 U.S. 90 [50 S.Ct. 231, 74 L.Ed. 720], a case cited by appellants, in the following quotation: "A mere scintilla of evidence is not enough to require the submission of an issue *625 to the jury. The decisions establish a more reasonable rule 'that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed'. (Schuylkill & D. Improv. & R. Co. v. Munson, 14 Wall. 442, 448 [20 L.Ed. 867, 872] Pleasants v. Fant, 22 Wall. 116, 122 [22 L.Ed. 780, 783].) Issues that depend on the credibility of witnesses, and the effect or weight of evidence are to be decided by the jury. And in determining a motion of either party for a peremptory instruction, the court assumes that the evidence for the opposing party proves all that it reasonably may be found sufficient to establish, and that from such facts there should be drawn in favor of the latter all the inferences that fairly are deducible from them. (Texas & P. R. Co. v. Cox, 145 U.S. 593, 606 [12 S.Ct. 905, 36 L.Ed. 829, 833]; Gardner v. Michigan C. R. Co., 150 U.S. 349, 360 [14 S.Ct. 140, 37 L.Ed. 1107, 1110]; Baltimore & O. R. Co. v. Groeger, 266 U.S. 521, 524, 527 [45 S.Ct. 169, 69 L.Ed. 419, 422, 423].) Where uncertainty as to the existence of negligence arises from a conflict in the testimony or because, the facts being undisputed, fair-minded men will honestly draw different conclusions from them, the question is not one of law but of fact to be settled by the jury. (Richmond & D. R. Co. v. Powers, 149 U.S. 43, 45 [13 S.Ct. 748, 37 L.Ed. 642, 643; 7 Am. Neg. Cas. 369].) Where the evidence upon any issue is all on one side or so overwhelmingly on one side as to leave no room to doubt what the fact is, the court should give a peremptory instruction to the jury. (People's Sav. Bank v. Bates, 120 U.S. 556, 562 [7 S.Ct. 679, 30 L.Ed. 754, 756]; Southern P. Co. v. Pool, 160 U.S. 438, 440 [16 S.Ct. 338, 40 L.Ed. 485, 486].) 'When a plaintiff produces evidence that is consistent with an hypothesis that the defendant is not negligent, and also with one that he is, his proof tends to establish neither.' (Ewing v. Goode [by Taft, Circuit Judge], (C. C.) 78 Fed. 442, 444. See Patton v. Texas & P. R. Co., 179 U.S. 658, 663 [21 S.Ct. 275, 45 L.Ed. 361, 364]; New York C. R. Co. v. Ambrose, 280 U.S. 486 [50 S.Ct. 198, 74 L.Ed. 562].)"
[2] Appellant's attack would seem to be based, not so much upon an absence of proof on the part of respondent, *626 as upon the premise that such proof was so obviously false or so inherently improbable as to require its rejection by this court. It seeks to bring the case within the federal rule that where the evidence is so overwhelmingly in favor of appellant as to leave no room for doubt as to the facts, the judgment must be reversed. (Gunning v. Gooley, supra.) This requires a consideration of the entire record.
[3] Appellant thus states the question which arises in connection with the sufficiency of the evidence: "Upon this record the issue is still more precise; Was the brake chain so long that its length constituted a defect?" In other words, was the car equipped with an "efficient" brake within the meaning of the act mentioned above? The evidence here shows the following essential details: Respondent at the time of the accident had been employed by railroad companies as brakeman, extra conductor and switchman since 1904, beginning his work with appellant in 1911, and working for the appellant intermittently between 1911 and 1926 and continously thereafter until the date of his injury. At the time of the accident he was fifty-two years old and in good health. On the day of the accident, respondent was a member of a switching crew engaged in making up an interstate train in appellant's yard at Eugene, Oregon. Pursuant to his duties, respondent was riding on top of two cars, which were in process of being "dropped" or "kicked" by a switching engine down the track on which the accident occurred. It was respondent's job to set handbrakes on these two cars, so that other cars could be switched up against them, and the train made up. Respondent attempted to set the handbrake on the east end of the lead car of the two cars, as the cars were traveling easterly. The brake on the lead car failed entirely to work and respondent could not stop the cars. Respondent then proceeded over the tops of the cars to the brake on the west or back end of the hind car. Respondent descended to the brake platform on this hind car, took hold of the brake wheel and began to take up the slack in the brake, by turning the wheel in a clockwise direction, pulling it toward him with his right hand and shoving it away from him with his left hand. After the slack was thus taken up, respondent continued the same motion to set the brake, and thus bring the cars to a stop. He obtained no results therefrom, and kept on tightening the brake in this manner, changing the position of *627 his hands to get a new hold on the brake wheel, each time he gave it a twist or turn. He finally gave one last pull on the wheel, and as he did so, he heard the brake chain click or snap and simultaneously the brake wheel came loose in his hands with a sudden jerk in the direction he was turning it. By the sudden jerk, he was thrown backwards off the platform and landed on his back on the rails, his face in the direction the cars were moving away from him. The fall of respondent did not produce unconsciousness. As respondent lay on his back, on the rails, with his face in the direction in which the cars were moving away from him and at about the level of the brake chain, he looked at the brake chain and saw that it was not broken, as he had thought, but that it was wrapped around the brake staff three times, and that there was some slack in the portion of the chain leading back from the brake staff to the pulley at the end of the handbrake rod.
The handbrake on freight cars is operated by a wheel on the brake platform of the car. This wheel is attached to a perpendicular shaft, to which is attached (on the floor of such platform) a ratchet wheel, and below the platform and under the car there is a drum two inches in diameter. To this drum is attached a chain. As the wheel above is turned, the chain winds around the drum, and this draws up the brake rod and applies pressure on the brake shoes. The brake is "set" or held under tension after applying the same by a pawl (or dog) which engages the ratchet wheel at one end which is shaped for that purpose. The other end of the pawl is rounded. The person applying the brake uses the pressure of his foot to keep the pawl in a position where it will enter the ratchet while it is being turned, and thus prevent the wheel from suddenly revolving in a direction opposite to that in which it is being turned. It was, according to respondent's testimony, the sudden release of this wheel on which he had his hands which caused his injury, by throwing him from the top of the car to the ground. What caused the sudden spinning of the wheel is practically the only question arising in connection with the liability of appellant. It may be pointed out that the car in question had been in use since the year 1913.
Respondent testified that when he applied the brake in the usual manner it did not stop the car; that when he gave a last pull he heard something snap and the brake chain clicked *628 and "went broke" and he fell off the car. While lying on the ground he saw that the chain was not broken "but it wrapped around that staff three times ... there was a little slack in that part". Referring to the chain, he said: "Well, if you only give one turn, or possibly one and a half turns, there is not much danger of it fouling; but if you have more than one wrap, or one and a half wraps, then it wraps over itself, and then she is liable to give way with you any time ... the chain works over itself; and when it gets over itself like that, she will slip off (indicating)." Respondent further testified that he set the brake in the usual way as he had done on previous occasions; that the brake chain fouled and let loose, throwing him from the top of the car to the ground; that the only way to stop the fouling of the chain is to have a short chain that won't wrap more than once. Witness Saylor, for respondent, testified that he examined the brake on the car immediately after the accident and that the chain was wrapped two or three times around the staff. He stated that the more laps around the brake staff "causes it to bunch up and it will get foul". Witness Jackson, for appellant, testified that if the chain is too long it may slip off and cause the brake wheel to release and that this is a recognized defect. Witnesses McDonald and Estes, for appellant, testified to the same effect.
Appellant's attack upon the sufficiency of the evidence is along two general lines: First, that the cross-examination of respondent demonstrates conclusively that the cause of the injury was not an inefficient brake, but the act of respondent in failing to properly operate the brake; second, that the testimony of its own witnesses is so conclusively and overwhelmingly to the effect that the brake was efficient, that evidence to the contrary must be rejected by this court.
Taking up the first contention just mentioned, by extended reference to the testimony of respondent, appellant argues that the jury could only infer that the accident was caused by the act of respondent in accidentally disengaging the pawl. It is contended that a diagram drawn by respondent shows that it was impossible, by reason of the position of his foot, for the latter to have properly operated the brake, and that the only possible inference to be drawn from respondent's testimony was that he suddenly and accidentally kicked the pawl away from the ratchet wheel, where it was engaged, in *629 the process of putting on the brakes, with the result that the wheel suddenly spun around and threw respondent to the ground. On his direct examination respondent testified that he applied the brake in the usual manner at the time and that the usual manner of operating the brake is to place your foot against the pawl and it goes into the ratchet, which holds the brake as it is tightened. The details as to how the pawl was engaged more fully appear in the cross-examination, which it is contended so clearly demonstrates the falsity of the testimony on direct examination that the jury should have disregarded the direct examination entirely. A diagram was drawn by respondent on his cross-examination, indicating the position of his foot as it engaged the pawl. From this evidence appellant argues that it conclusively appears that respondent could not possibly have set the brake in a proper manner as the latter testified in his examination in chief. We cannot say that the only reasonable inference to be drawn from such testimony would lead to the conclusion that the accident was thus caused. The jury believed respondent when he testified that he set the brake in the usual manner. That was their right. They did not conclude that the accident was due to the act of respondent in kicking out the pawl. That was their privilege. This is true under both federal and state jurisdictions, as we have already pointed out. The jury having impliedly found, upon substantial evidence, that the accident was not caused by the act of plaintiff, as detailed above, any attempt to set aside such finding would be a plain usurpation of a function exclusively committed to them under the laws of both jurisdictions. It may be, as earnestly contended by appellant, that on the issues it discusses the evidence preponderates strongly in its favor, but such a condition presents no ground for reversal after a trial court or jury has concluded otherwise and upon substantial evidence. The fact that the evidence appearing in the testimony in chief may be opposed by that given by the same party in his cross-examination, does not vitiate all of such evidence. The jury was at liberty to adopt and believe either explanation, and having done so its finding must be upheld on appeal, and the evidence upon which such a finding is based is "substantial evidence" under the familiar rule stated above.
[4] In respect to the second contention, to the effect that the testimony of appellant's witnesses shows conclusively that *630 the evidence produced by respondent is absolutely unworthy of credence, a resume is given of the testimony of each of appellant's witnesses, who were all in its employ. Several told of examining the car and brake immediately after the accident, and they said that the brake in all respects was in good working order. Witness Cook, for appellant, testified that he was a car designer. He told of the construction of the brake and all its parts, and gave the minimum number of turns necessary to set the brake and also the maximum number. In an ingenious and very plausible manner and with elaborate detail appellant proceeds to mathematically demonstrate that the testimony of respondent bearing on the excessive length of the brake chain must be false. The testimony of respondent to the effect that while on the ground where he was thrown, he glanced under the car and saw the brake chain wound around the drum three times, is characterized by appellant as "bold faced swearing", when compared to his prior statements and the physical facts. If we were sitting as a jury such argument would be proper and perhaps persuasive. At the trial the jury evidently believed the account given by plaintiff, and we are not permitted to substitute our own judgment for theirs, under either federal or state jurisdictions. This rule is so well established that no citation of authorities is necessary. We do not find that the testimony of respondent is so inherently improbable or obviously false as to require its rejection by this court. The position taken by appellant in respect to these facts is fully answered by the following language from the case of Detroit T. & I. R. Co. v. Hahn, 47 Fed.2d 59: "It is insisted for appellant that the case is governed by Chicago, M. & St. P. Ry. Co. v. Coogan, 271 U.S. 472 [46 S.Ct. 564, 70 L.Ed. 1041], since all the inferences which the jury might reasonably draw from the evidence would not be sufficient to support a finding of a cause of injury other than the negligence of the appellee in failing to apply the brake. We do not think the evidence falls within this rule, nor do we think it leaves the cause of injury in the realm of conjecture, as was the case in Northern Ry. Co. v. Page, 274 U.S. 65 [47 S.Ct. 491, 71 L.Ed. 929], and Burnett v. Pennsylvania R. Co., 33 Fed.2d 579 [6 C.C.A.]. If there was an inefficient brake which caused the injury, there is inescapable liability under the Safety Appliance Act, (45 U.S.C.A., sec. *631 1 et seq.). The appellant introduced evidence which would have supported a finding for it on that issue, that is, evidence that the brake was examined before and immediately after the accident and found to be in good working order. We are asked to accept that evidence as conclusive. This we cannot do, for the evidence of appellee that the brake was used in the normal and usual manner and failed to work was such evidence of inefficiency as to make an issue for the jury. (Didinger v. Pennsylvania R. Co., (C.C.A.) 39 Fed.2d 798.)"
In addition to actual proof in the record of the inefficiency of the brake arising out of the lengthened chain, there is also proof that the brakes when properly applied did not have the effect of stopping the car. Under federal decisions involving the act in question, it has been held that proof of the foregoing facts makes out a case of inefficient brakes. "Assuming the proper setting of the brake, the fact that it did not hold demonstrates its inefficiency." (Didinger v. Pennsylvania R. R. Co., 39 Fed.2d 798, 799.) "The test of the observance of this duty (under the Safety Appliance Act) is the performance of the appliances." (Philadelphia & R. Ry. Co. v. Auchenbach, 16 Fed.2d 550, 552 (C.C.A. 3).) "The obligation was absolute and mandatory upon the plaintiff in error to comply with the requirements of this act, both in equipping and maintaining with efficient handbrakes." (Lehigh Valley R. Co. v. Howell, 6 Fed.2d 784, citing numerous cases.)
The case chiefly relied upon by appellant is Grand Trunk Western R. Co. v. Holstein, 67 Fed.2d 780 (C.C.A. 6). The factual structure of that case is very similar and a recovery was denied. In that case there was no evidence of the failure of the brakes to function properly nor was there any evidence of any structural defect in the brakes. The court expressly holds that absence of proof that the brakes failed to function distinguished the case from the Didinger case (cited above). It states it fails to apply the rule in the Didinger case to a case "where the cause of the sudden spinning of the brake was left wholly to conjecture, and where the proofs of injury, though consistent with the existence of some defect, were at least equally consistent with some other theory of causation". In the Holstein case there was no inference of physical defect to be drawn from an *632 abnormal action of the brakes under normal operating conditions. Here the brakes were normally applied but failed to take effect. The true test of the efficiency of the brake was its ability to produce expected results when properly applied.
It is contended that this case is subject to the federal rule that "where proven facts give equal support to each of two inconsistent inferences ... neither of them being established, judgment, as a matter of law, must go against the party upon whom rests the necessity of sustaining one of these inferences as against the other. ..." (Pennsylvania R. Co. v. Chamberlain, 288 U.S. 333 [53 S.Ct. 391, 77 L.Ed. 819].) The decision was there reversed because there was no substantial proof of negligence. In the instant case we have held that there is such proof. There are no conflicting inferences here involved, neither of which has been established. There is present the ordinary conflict in the evidence. The jury may have adopted appellant's theory that the pawl was accidentally disengaged, or it may have concluded (as it obviously did) that the overlapping chain caused the accident. As we have pointed out, in the case last cited neither inference was established, and consequently no negligence was proven.
[5] It is contended that a statement made by respondent prior to the action was in many respects conflicting with and contradictory to his testimony given at the trial. Conceding that there were such discrepancies, the matter of the credibility of a witness is solely one for the jury. As was held in Williams v. General Ins. Co., 8 Cal.2d 1 [63 PaCal.2d 289], a conflict between testimony of a witness and his prior statements presents a question of fact for the jury, and it is not the province of an appellate tribunal to interfere therewith. The credibility of a witness and any inconsistency in his testimony is for the sole determination of the jury. (Van DerHoof v. Chambon, 121 Cal.App. 118 [8 PaCal.2d 925].) Much of what appellant has to say upon this phase of the case might properly be urged before the jury, rather than this court.
Concluding the discussion of the evidence and after an examination of the entire record, we hold there is sufficient evidence to establish the fact that the brake in question was defective, under the acts of congress mentioned. To hold *633 otherwise we would ourselves exercise the functions of triers of fact, when under the federal law such questions are committed to the determination of the jury. (Davidson Steamship Co. v. United States, 205 U.S. 187, 192 [27 S.Ct. 480, 51 L.Ed. 764].)
[6] The verdict was in the sum of $20,000. Appellant claims this amount is excessive. The familiar rule on the duty and power of an appellate court under such circumstances is thus stated in Zibbell v. Southern Pac. Co., 160 Cal. 237 [116 P. 513]: "It is only where the verdict is so grossly disproportionate to any reasonable limit of compensation warranted by the facts, as to shock the sense of justice, and raise at once a strong presumption that it is based on prejudice or passion rather than sober judgment, that the judge is at liberty to interpose his judgment as against that of the jury." Turning to the facts, the following is a summary of Dr. Ruedy's testimony: Respondent suffered crushed fractures of the fourth, fifth, sixth and seventh dorsal vertebrae; the width of the crushed vertebrae was reduced approximately a quarter of an inch; the crushing of the vertebrae, which pressed on the spinal cord, affected the nerve centers or ganglia, producing reflex symptoms resulting in the stomach condition, complained of constantly by respondent. Callus, as a result of the fractures, was thrown around the crushed vertebrae in an excess amount, which in turn pressed upon the spinal cord and ganglia and nerve centers. Dr. Ruedy testified concerning a fracture of the acetabulum, the socket which fits the right hip joint; the injury showed a mottled, and cobblestone-like effect, causing the head of the bone to rotate on a rough surface with constant irritation and the inflammation thereby set up affected the sciatic nerve, which passes over the injured area. These injuries, Dr. Ruedy stated, were permanent in character; neither therapeutic nor surgical measures would provide any relief. The doctor further stated that respondent could not do any manual labor and that if he attempted to do such work, the inflammation would spread and the symptoms become exaggerated and that the condition of respondent would become progressively worse because of the continued irritation of the injured parts. He testified that the injury to the hip joint and bone was permanent and would not improve but in fact would get worse, because *634 the constant irritation would produce further callus and consequent inflammation of the sciatic nerve.
Respondent was fifty-two years of age at the time of the accident and his life expectancy was nineteen and one-half years. In 1927 he earned $2,151.30; in 1929, $1803.51; and in 1930, $1603.66. Thereafter, due to the "depression", his earnings dropped considerably, and only averaged about $80 a month for an eight-year period preceding the accident. His steady working wage was $6.62 a day. [7] Appellant contends that his future earnings must be predicated upon what he actually earned preceding the accident. The rule is otherwise. "The rule is that, although one may not work every day, nor all the time, damages may be estimated upon one's ability to earn money, rather than upon what one is either earning or has actually theretofore earned." (Holmes v. California Crushed Fruit Co., 69 Cal.App. 779, 780 [232 P. 178], citing numerous cases.) (Italics ours.) Assuming that he would have earned $135 a month for nineteen and a half years, the present value of such earnings, at 3 per cent, is $22,400. It must be remembered also that other elements of damage, such as pain and suffering to be endured in the future, as well as that already suffered, may have entered into the verdict. It cannot be assumed that the jury based their conclusion solely upon loss of future earning power. After a careful review of the evidence bearing on this question, we are unable to conclude that the verdict was based on passion and prejudice, rather than upon a dispassionate consideration of the evidence. It is supported by substantial evidence in respect to damages, and our inquiry ends there.
[8] The rejection by the trial court of several instructions is the subject of complaint. These instructions are not quoted, nor are any authorities cited except in respect to one. The latter was to the effect that the presumption of due care existed only in the absence of proof of the facts, and that where the actual facts and circumstances were shown, there was no presumption that the plaintiff used due care. In the first place, the jury was not instructed to the effect that there was a presumption that respondent used due care. There was no reason to meet an issue of law which was not before the jury. There could be no prejudice in rejecting the instruction under such circumstances. The *635 jury was instructed fairly and fully upon the law, and we find no prejudicial error in respect to the giving or refusing of any instruction.
[9] Finally, appellant contends that the federal statute of limitations of two years is not applicable, and that the one-year statute of this state governs this character of action. Thus we have appellant invoking the state law here, and rejecting it on the law of evidence. This is natural in a class of cases where the right to sue arises in one jurisdiction and the enforcement of the right takes place in another. This action was commenced more than one year after the accident, and section 340, subdivision 3 of the Code of Civil Procedure is set up as a bar. The federal act provides for a two-year limitation. The question is whether or not, if a state provides a shorter period, it would be effective. No authority cited by appellant bears out its contention. It was held in Engel v. Davenport, 271 U.S. 33 [46 S.Ct. 410, 70 L.Ed. 813], that the provision in the Employers' Liability Act relating to the time when an action under the act may be commenced, affected a substantive right and must prevail over the limitations of a state.
We find no prejudicial error in the record, and the judgment is therefore affirmed.
Knight, Acting P. J., and Cashin, J., concurred.
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City welcome back 'Polly'
6 March 2014
Bradford City Football Club welcomed a legend back to the Coral Windows Stadium this Tuesday (4 March 2014) afternoon when eighty-four year old Lawrence Whelan "Polly" Ward returned to Valley Parade to view his old stomping ground.
Lawrence Whelan "Polly" Ward (pictured) was born Ovenden, West Yorkshire on the fifteenth June 1929, the five foot three inch centre forward had unsuccessful trials with Bradford Park Avenue, Leeds United, Hull City and Halifax Town before being signed by Bradford City manager David Steele.
Ward made his City debut on Christmas Day 1948 against Oldham Athletic, he went on to spend six seasons at Valley Parade scoring a total of 37 league goals, 5 FA Cup goals in 156 games.
He moved to King's Lynn in August 1954, but returned to Bradford the following year to sign for City's rivals Bradford Park Avenue. In four season's at Park Avenue he scored 31 goals in 104 appearances, Lawrence then returned to non-league football in August 1959 with Nelson Football Club where he finished his career.
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Kevin Mirallas has admitted he nearly left the club this summer in an exclusive interview with the Liverpool Echo, while also expressing his happiness to remain at the club.
The Belgain had been linked away from the club previously but agreed to sign a new deal after the club had shown ambitions of keeping their best players. James McCarthy had been linked with a move to Spurs while speculation of John Stones’ future spanned the full transfer window.
The winger explained: “It’s possible last season, or the season before, that Stones goes to Chelsea, McCarthy goes to Tottenham, and I go to another team. Now it’s changed.
“It’s a strong club and a strong team, and when you see the chairman signing new deals for players, you think this season is the season.”
Both the management staff and the boards resilience to sell their top players had impressed the forward and convinced him to sign a new deal that will see him at Everton for the foreseeable future. Kevin even admitted that the desire to keep the clubs best players was unusual in his time at the club, branding it “a change in mentality,”
Mirallas also spoke out on his ‘difficult’ time at the club. The Belgian had struggled to find a resolution over his future and reduced time on the pitch was met by many of fans that the forward was on his way out.
“I know I spoke two or three times with papers in Belgium saying I didn’t know about my future.
“After January when two teams wanted me, I talked with my manager and chairman and asked what I do now. He told me to wait for a new contract and I waited, but it was not coming and I was a little bit angry.
“Now after the pre-season I played hard and worked hard and had a good talk with the manager, he said it was a good opportunity to sign a new deal, and I’m happy. So is my wife!”
Mirallas has not started a match since the season opener against Watford, and has expressed his desire to get back on the pitch.
“When you play a lot of games, you’re not in every starting 11,” added the Belgian.
With the team hitting form, Mirallas may struggle for game time but with Reading fast approaching in the FA cup it could be a chance for the winger to get some game time under his belt. This could also give the player a chance to prove himself, and potentially replace Kone on the wing.
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Wes Deviers
Linux Systems Engineer and DBA
I started working at a Linux based internet service provider in 1998 (before I could drive). Through the years I've worked in various positions as a Linux system administrator, a network administrator, a network engineer, a systems engineer, and a DBA (concentrating on MySQL and MongoDB).
I've been lucky enough to teach many people through my career. Some have gone on to become professional system administrators, some are software engineers or coders, and some are networking people. All have said that my teaching style is effective and approachable, so I've tried to capture that here.
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The essential feature of the autonomous aspect of senescence is stable proliferative arrest. This factor contributes to the tumor suppressive and pro-aging aspects of senescence, the latter in part mediated through limiting the replicative capacity of tissue stem cell compartments (Sharpless & DePinho (2007) Nat Rev Mol Cell Biol 8, 703--713).
However, senescence is not simply a static endpoint. In fact, senescent cells actively communicate with their neighboring cells within the tissue microenvironment (Pérez-Mancera PA *et al*. (2014) Nat Rev Cancer 14, 547--558). The best example of such non-autonomous activities of senescence is the senescence-associated secretory phenotype (SASP), but other forms of cell communication have also been reported, including cell fusion, cytoplasmic bridges, and small extracellular vesicles (Chuprin A *et al*. (2013) Genes Dev 27, 2356--2366; Biran A *et al*. (2015) Genes Dev 29, 791--802; Takasugi M *et al*. (2017) Nat Commun 8, 15729). In addition, we have shown that NOTCH-mediated direct cell-cell contact modulates senescence development and functionality ([Diagram 1](#f1-bmb-52-003){ref-type="fig"}) (Hoare M *et al*. (2016) Nat Cell Biol 18, 979--992; Parry AJ *et al*. (2018) Nat Commun 9, 1840).
NOTCH proteins are conserved cell surface receptors, and NOTCH signaling has been implicated in diverse cellular processes, including embryonic development, cell fate and differentiation, as well as in tumorigenesis (Hoare M & Narita M (2018) Adv Exp Med Biol 1066, 299--318). In addition, emerging evidence indicates that NOTCH signaling is an important senescence effector (Ito Y *et al*. (2017) Trends Cell Biol 27, 820--832). Although enforced expression of a constitutively active form of NOTCH (the intracellular domain, ICD) can induce senescence (NOTCH-induced senescence, NIS), we have shown that endogenous NOTCH activation during premature senescence, such as in oncogene-induced senescence (OIS) and DNA damage-induced senescence, is transient. An early high-NOTCH phase correlates with a TGF-β-rich fibrogenic SASP, whereas a later onset low-NOTCH phase (fully established senescence) corresponds to the classical inflammatory SASP, which includes IL1, IL6 and IL8. Indeed, NOTCH signaling both activates TGF-β and inhibits the expression of inflammatory cytokines. Therefore, the transient nature of NOTCH activity during the establishment of senescence is critical for the timely switch between the functionally distinct types of the SASP. Many collagens are typically downregulated in established senescent fibroblasts, which instead express, together with inflammatory cytokines, a number of extracellular matrix modifying enzymes. The shift from a fibrogenic to a fibrolytic SASP appears to be critical for tissue homeostasis (Demaria M *et al*. (2014) Dev Cell 31, 722--733; Krizhanovsky V *et al*. (2008) Cell 134, 657--667). It is conceivable that the persistence of the initial phase of the SASP would promote tissue fibrosis, whereas persistence of the late phase SASP would lead to chronic inflammation and delayed wound healing, if the senescent cells were not properly eliminated by the immune system. Although it remains to be tested whether NOTCH signaling is generally involved in the timely control of the tissue repair process through senescence regulation, persistent NOTCH signaling has been correlated with renal fibrosis in a tissue damage model in mice (Sörensen-Zender I *et al*. (2014) Am J Physiol Renal Physiol 306, F907--915; Bielesz B *et al*. (2010) J Clin Invest 120, 4040--4054).
NOTCH signaling is also important for the spatial regulation of senescence. NOTCH signaling in mammals consists of five ligands and four receptors, all of which are cell surface proteins. Thus, NOTCH signaling is transmitted from signal-sending cells to signal-receiving cells through direct cell contact. This is an important aspect of its role in tissue patterning. In the developmental context, two modes of signal transmission have been proposed: lateral inhibition and lateral induction (Ito Y *et al*. (2017) Trends Cell Biol 27, 820--832). We have shown evidence that NIS signaling can be transmitted through lateral induction (Hoare M *et al*. (2016) Nat Cell Biol 18, 979--992; Parry AJ *et al*. (2018) Nat Commun 9, 1840). In human fibroblast models, the NOTCH ligand JAG1 is selectively upregulated in NIS cells, which can in turn activate NOTCH signaling in neighboring normal cells, thereby inducing secondary NIS cells ([Diagram 1](#f1-bmb-52-003){ref-type="fig"}). Interestingly, NIS cells are also characterized by a unique chromatin architecture. While classical oncogenic RAS-induced senescence (RIS) is often accompanied by senescence-associated heterochromatic foci (SAHFs), NIS cells lack SAHFs (Parry AJ *et al*. (2018) Nat Commun 9, 1840). Interestingly, at the nucleosome level, both RIS and NIS cells exhibit a substantial increase in chromatin accessibility (probed by ATAC-seq), but at different regions. In addition, when both RAS and ICD are expressed in fibroblasts, ICD appears to be dominant at least for the SASP and chromatin structure. This suggests that, senescence develops with timely and progressive alterations, not only in terms of the SASP, but also in terms of the chromatin landscape. The functional relationship between the SASP and SAHFs is not entirely clear (Aird KM *et al*. (2016) J Cell Biol 215, 325--334).
Since NOTCH ligands are often upregulated in cancer, the implication of this NOTCH-mediated juxtacrine regulation of both the SASP and chromatin structure may not be limited to senescence. Indeed, cancer cell lines expressing a high level of endogenous JAG1 (a NOTCH ligand) can induce NIS in co-cultured fibroblasts ([Diagram 1](#f1-bmb-52-003){ref-type="fig"}) (Parry AJ *et al*. (2018) Nat Commun 9, 1840). It will be important to decipher how NOTCH orchestrates this high-level cell communication within the tissue microenvironment, between senescent and normal cells, different types of senescent cells, and between tumor and stromal cells.
This work was supported by the University of Cambridge, Cancer Research UK and Hutchison Whampoa. I thank Andrew Young for comments on this review. M.N. is supported by a Cancer Research UK Cambridge Institute core grant (C14303/A17197), a Cancer Research UK Early Detection Pump Priming award (C20/A20976), an MRC grant (MR/R010013/1), and Tokyo Tech World Research Hub Initiative (WRHI).
ATAC-seq
: Assay for Transposase-Accessible Chromatin using sequencing
ICD
: intracellular domain
NIS
: NOTCHinduced senescence
OIS
: oncogene-induced senescence
RIS
: RASinduced senescence
SAHFs
: senescence-associated heterochromatin foci
SASP
: senescence-associated secretory phenotype
{#f1-bmb-52-003}
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Overlanding in the Higher Himalayas with the World's Highest Rally : Raid de Himalaya
Each year within the first two weeks of October, the World's Highest Motorsport event takes place in India, the Maruti Suzuki Raid-de-Himalaya. One of the ten toughest rallies in the world, the tagline of the event states 'Making grown men cry since 1998', owing to the extreme route of the rally : the unpredictable weather, inhospitable conditions and harsh terrain in some of the most remote regions in the world. The rally is a week long adrenaline overdose, with oozing action for each person involved : the Organizers, marshals, sponsors, the media team, doctors, service teams and obviously the bravado competitors who are pelting at 6000 RPM at 15,000 ft. above sea level!
Here’s what we go through as officials each year!
Preparing for the Rally
Marshals compose the backbone of a successful rally, working under and with the COC(s) (Clerk of Course), ensuring the rally runs safely. However, to be successful a marshal needs to make sure they complete the rally themselves – with both them and their machines in one piece. This is serious stuff, and each marshal team knows it – we don’t want to be cold, starving, stranded, ill equipped, or worse – look like a fool among the rest, and with that in mind we begin preparation.
Expedition leader, Abhey Thareja in his Gypsy at the 13th Raid de Himalaya
A thorough vehicle and equipment check-up is an absolute must. Energy and warmth are next, and rations are procured knowing that we will be living in our vehicle, eating at odd hours, exposed to insane temperatures and putting together a meal or two each day! Once we’ve prepared for all that, we load-up and make our way!
Arriving at the RAID
As a marshal team, we usually reach the rally a day or two before the flag off, helping kick-start the proceedings! Duties are given on the basis of the experience and availability of the marshals. We could be at the registration counter ensuring each participant has all paperwork in order, or at the scrutiny venue, making sure vehicles confine to the guidelines. We go there as a volunteer, giving at least a week (and possibly more) of our time away from everything else important to us, except motorsport, over-landing, the love for the mountains and the thrill for adventure, possibly extreme! Most of us ensure we are available each year. Only major personal or work related commitments change plans!
Bharat & Karan as DCOC's awaiting the rally cars
The two days when everyone is arriving are absolutely festive. Roaring rally vehicles all around, members of the fraternity, the sponsors all at the scrutiny venue! We meet friends and acquaintances who we possibly meet only a couple of times a year, or restricted to motorsport events. If you’ve been regular for a few years you’ll have a few buddies from different parts of the country to catch-up with! Your first jobs are to procure your marshal dockets, install your radio’s and proudly sticker up your vehicles. You get around the venue mingling with everyone and completing roles assigned to you and evenings are spent – well, bonding, spelt as DRINKING, strengthening old bonds, and creating new ones!
It is only around evening on Day 0, when the minds begin to wander to the 1 AM roll-time, loading GPS tracks, checking your duties in the DCOC (Deputy COC) manual and making sure you get a bit of rest, not knowing if you will get any further on.
Odd Hours, Night Driving and Day Breaks
It’s 12:30 AM, engines are warming up, you’re lined up in a massive convoy of SUV’s and ambulances, possibly with no clue who’s in the car in front of you or behind you. With the convoy leaving at inhuman hours to set-up the stage, it is a possibility that someone oversleeps. To ensure each one being there, a quick roll call is taken on the radio to confirm attendance, and the ones who’ve overslept are given a call, a luxury lasting a day or two before the rally heads into the Himalayas, with no phone network!
After a day or two this becomes a regular practice, with your move time usually accurate. That said, dinners are usually served at common areas and you get a chance to get any information that varies from the DCOC. A one-off chance you don’t do that, you could be off your time.
We, last year slept-off as soon as Day 2 ended and did not know the stage from Patseo – Sarchu had been cancelled for the next day and all marshals for that stage were being placed in the return stage : Losar – Gramphu. This meant I had woken up at 1230 to cover only 60 KM instead of the 200 odd I needed to, by 9 AM. The convoy manning the first half of the stage left at around 3 AM and I was given the opportunity to crash for another few hours. With enough sleep, I realized this was an opportunity to drive to Losar at my own pace enjoying the solitude of driving alone with headlamp beams in the horizon through the valley!
Karan taking a snooze at Rangdum between two Super Stages. Most scenic bed in the world!
It also gave us an opportunity to set-up a fire, make chai and maggi and gaze at the stars waiting for day-break. Not a lot of people traversing through the region would end up sitting in the middle of nowhere at 3 AM, but for us this was an opportunity, one which we get to experience at the Raid each year!
It is serious business!
On every stage your responsibility could be a different one. Those with most experience are usually given a role where timing is involved, which means start, flying finish and/or a DZ and FZ, or where safety is of concern. As the convoy moves on, marshals are placed forming a radio chain. At any point of time in a stage there should be a fluid flow of communication possible. This does not mean you need to be in contact with a guy 30-40 KM ahead of you, but the fact that a message from you can be relayed to anyone and everyone through that chain. As a radio car, your most important job is to track competitors as per their competition number, accounting for each one. It is your duty to ensure there is no competitor missing between you and the guy behind as well as you and the guy in front of you, and constant and crisp radio communication through chitter-chatter among other teams is an absolute must! Other duties include crowd control and localizing traffic movement, often extremely difficult tasks as people find it hard to come to terms with the fact that the road has been shut for a race, and they cannot go about their business. Typically the ambulances are also placed as per the evacuation plan along with a marshal team to ensure quick communication with the others and especially the stage controller!
Receiving Sohail Khan at our TC location. He was participating in the adventure category!
This is what you are here for and you’re responsible to be extremely alert in what could be a life and death situation. How quick a medical team arrives at an accident scene or how quick you realize a competitor is missing could be dependent on how alert you are and how cleanly you communicate! In 2015 a competitor went down the cliff in his Gypsy, but was evacuated in time and airlifted to Mohali whereas in 2016 even though the competitor was airlifted to Manali from Chatru, minutes within a crash, tragedy could not be averted, leading to loss of life and terminating the rally!
Pushing your limits
The adventure you get to experience along with the breath-taking landscape is a lure to each and everyone and challenges are thrown each year, which is definitely what attracts us. Braving extremely cold winds, stationed at high altitude passes and gasping for breath, clocking up a decent mileage each day on difficult terrain, is what attracts you to this spectacle. The rally being conducted in October, just when it starts snowing in the higher reaches, means the chance of experiencing extreme weather!
Snowed-in and Happy at 15,000 FT!
In 2014, the convoy was rolling around 1 am from Kaza and at around 3:30 we experienced heavy snowfall just around Takcha. By the time we had reached Kunzum Top there was a thick sheet of ice on the track meaning zero traction and the vehicles were moving all over the place with minimum throttle.
We were at a stand still and even though marshals are advised to carry chains, many were not and a few were having difficulties putting them on due to the cold! I remember my toes completely numb! As we struggled to put our chains on we got help from Hari Sir – who was walking through the 4 AM traffic jam encouraging each of us to put our chains on and giving us instructions and confidence to start rolling down the pass! The entire process took up a couple of hours and by then the stage had been called off owing to safety as driving competitively in such conditions was an absolute no-go! Since we had time we took to cooking another round of maggi, and I remember holding the pressure cooker straight from the gas into my bear hands to feel any kind of warmth!
Taking the time to cook another round of Maggi.
As marshals we all are relatively experienced, but this was an instance I saw many teams out of their comfort zones. We waited for the sun to come up in the hope of melting ice, giving our tyres contact with gravel, in turn getting some traction, moving feebly through the hairpins. I'm not going to lie, we were at the edge of our seats when we did start rolling down!
That said the feeling of getting snowed in at 15,000 feet is not such a daunting one with the Raid. You have ample resources such as doctors, ambulances, rescue teams, some of the most experienced heads in the scene as well as those friends who you’d want around if you get stuck in this situation!
Unfortunately, this is going to be the first year in about 8 years that a member of Team Terraquest is not going to be at the Raid. We are going to miss it, and how! Good luck to all our friends competing, marshaling, making up the amazing Himalayan Motorsport Association Team. Good luck to Vijay Sir, Manjeev Sir & Atul Handa Sir for succefully completing the event!
Follow us for more stories!
facebook.com/terraquestexpeditions
instagram.com/terraquestexpeditions
Website : www.terraquest.in
For Queries regarding upcoming Expeditions, send an email to [email protected]
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Ward Out To Tame Black Cats
Stephen Ward believes the Clarets need to match Sunderland's 'must-win' mentality in a bid to get the three points themselves at the Stadium of Light on Saturday.
Sunderland are currently bottom of the Premier League - six points below the drop line - after just one win since mid-December.
That run includes a 4-1 Premier League beating at Turf Moor on New Year's Eve and an FA Cup, third-round replay exit to the Clarets following a goalless draw on Wearside.
David Moyes' side will therefore be desperate to turn the table and boost their survival hopes by extending the Clarets' winless away record.
But Ward is confident a repeat of the effort Burnley put in before losing 2-1 at Liverpool last Sunday will give Sean Dyche's side every chance of enhancing their own position seven points clear of the bottom three.
Republic of Ireland international Ward - who had a trial spell at Sunderland before breaking into English football with Wolves in 2007 - said: "They will be well up for the game and have probably earmarked this one as a game they need to win to give themselves a good chance.
"We need to go with that mentality as well. We performed very well up there in the FA Cup game and I feel if we an go with the same attitude, mentality and performance level we had at Anfield last Sunday, we will give ourselves a really good chance of picking up something from the game.
"We have 10 big games left. We will take every game one at a time but you want to get that next win as soon as possible.
"We have lost a couple on the bounce now and had a couple of draws, so we need to get back to winning ways as soon as possible and hopefully we can do that this Saturday."
How Burnley have acquired just two points away from home this season remains something of a mystery, given the level of most of their recent performances on the road.
During a testing run from late December, the Clarets have lost by a single goal to four of the Premier League's top five clubs - namely Tottenham, Manchester City, Arsenal and Liverpool.
The Clarets led at Anfield and deserved some reward from a game Liverpool won 2-1 by scoring from two of the three efforts they had on target.
"That's probably been the story of our away form recently. Performances have really improved. We look a lot like the team away from home that we are at home," added Ward.
"Unfortunately little things just haven't gone our way and we've been very unfortunate not to pick up the win that's eluded us all season.
"We feel if we keep working hard and putting the performances like we did on Sunday, then that away win won't be too far away.
Andre Gray scored a hat-trick as the Clarets beat Sunderland in the Premier League
"There's a lot of talk from outside about our away form and we know ourselves it's not good enough not to have picked up a win so far.
"But we don't approach any game differently. I think our mentality has been really good over the last couple of weeks, so we just look ahead to the next one and approach it in the same way.
"If we can put on a similar performance as we have done in the last few away games then we will give ourselves a chance of taking that win, finally."
Club sponsors Dafabet are giving an exclusive £5 free bet to all new account holders (aged 18+). Sign up with Dafabet before Friday 17th March and they'll credit your account with a free £5 bet for you to place on the Sunderland v Burnley game on 18th of March, 2017. CLICK HERE TO BET NOW!
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Truck In Cairo Overturns, Killing 29 Child Workers
OTHER NEWS TO NOTE - THE WORLD
September 17, 1997
CAIRO, EGYPT — A truck ran off a road and overturned in a canal north of Cairo on Tuesday, killing 29 children and injuring 54 others, police said. The children were on their way to pick cotton in fields in Kafr el-Sheik, 75 miles north of Cairo, police officials said. A police statement said the victims were between 14 and 17 years old, but police in Maseer, the village outside Kafr el-Sheik where the accident occurred, said some children were as young as 12.
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Telco-OTT
Telco-OTT (Over-The-Top) is where a telecommunications service provider delivers one or more services across an IP network. The IP networks is predominantly the public internet although sometimes telco-run cloud services delivered via a corporation's existing IP-VPN from another provider, as opposed to the carrier's own access network. It embraces a variety of telco services including communications (e.g. voice and messaging), content (e.g. TV and music) and cloud-based (e.g. compute and storage) offerings.
Stimulated by the availability of high performance fixed and mobile broadband networks as well as the rapid adoption of smartphones and tablet computers, telco-OTT is viewed by a selection of industry analysts and media commentators as the mechanism that mobile network operators need to employ in order to compete with the vast and growing range of over-the-top (OTT) services provided by non-telco companies.
Telco-OTT is a response to the fact that users will have multiple devices (smartphones, laptops or other connected devices such as TVs, games consoles) which almost inevitably will have various different access providers (especially with the growth of public-access Wi-Fi). So to deliver consistent telco-branded services, at some points at least, they will need to be delivered over 3rd-party access.
The term was first coined by telecoms industry analyst Dean Bubley who first published a report on it in February 2012, but first used the term in a June 2011 presentation he gave at the eComm conference in SF.
Resources
Analysys Mason: "Telco OTT service case studies: next-generation mobile voice and messaging" (6 September 2012)
Disruptive Analysis: "Telco-OTT Strategies & Case Studies: 'Give it a name!': The overlooked rise of telecom operators' own access-independent Internet services, for communications, content, cloud & connectivity" (February 2012)
Martin Geddes Consulting: "Introduction to Telco-OTT Services" (3 May 2012)
Ovum: "Mobile Operator Strategies for Defending Against OTT Competition" (12 September 2012)
Telco-OTT Today
A few myths about telco and OTT models
"How Mobile OTT is Ruling over Telco Operator" (June 15, 2017)
References
Category:Telecommunication services
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About Yonik
reat yourself with a good massage!* Leave your body and mind stress behind and enjoy my healing strong touch which will make you feel revitalized as you are not getting just a massage but you are also getting my good energy too. My hands are very sensitive and I know how to identify the problematic area and apply as much pressure as needed. My massage technique based on my knowledge and experience but I never stop learning new things. Treat everyone with an equal respect. I prefer to work on a table and using professional hypoallergenic massage lotion.*Therapeutic Swedish Massage/Deep Tissue workKindly will answer to your text messages or emails but the fastest way to contact me is a text message.Book in advance to get a preferable time and date!
I
am very fun and active guy all the way from the Eastern Europe! Highly educated and intelligent person. Like to keep my body and mind healthy and strong!
“Arranged with ease, very responsive. He was very flexible to our schedule. Terrific massage, great personality, super cute and extremely knowledgeable. All around great experience! You will not be disappointed!”
“I've seen Yonik several times. Excellent experience. He's great at adjusting pressure and finding the problem areas. Very clean and comfortable space. Also uses breathing techniques that are helpful to get you to relax. I'll keep going back for sure!”
“My partner and I are delighted whenever we can book Yonik. He's punctual, prepared and knows our "weak" points. He just finds them. I have fibromyalgia, and he seems to sense the right amount of pressure for the right area, without being rough. He manages to sync my breathing, and his movements are based on timing. I finish feeling like I've just had a good workout, and sleep like a baby afterwards.
And cute! The eyes are rested afterwards, too. 6 stars out of a possible 5!”
“Yonik was great! He gave both my partner & I massages. I'm use to deep tissue but he really worked well with medium pressure understanding the muscles & attachments. We were both impressed & we've received over thousands of massage in the U.S. & around the world.”
“This was my second massage with Yonik and it was by far the best massage I have ever had. Yonik's skill is unsurpassed. His touch is exceptional and he ensured that all of my problem areas were addressed. I can't recommend him highly enough.”
“Yonik is a good man. I was lost on my way to his studio and he was nice to actually wait for me outside while he guided me on my way. His studio is very clean and inviting. He did not ask me where my problem areas are but I realized that he actually has a way of sensing them because that's where he focused the most. I had a great first time with him and will definitely be back again.”
“My partner and I have each seen Yonik on two occasions. Highly recommended, as he is highly skilled and is very good at finding the areas that need specific attention. He communicates throughout the session and ensures you are comfortable. He is great at relieving stress. His massage is as though you were at a high-end spa. You should definitely schedule with him. Looking forward to our next sessions.”
“I've had four massages with Yonik and they were all exceptional. He arrives on time and makes the experience very comfortable and professional. I usually get the 90 minute session and when it's over I am totally relaxed and the knots in my muscles are gone! If you are looking for a great massage from a friendly therapist you won't find one any better than Yonik.”
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The Agony of Codependent Boundaries
Those of us who experienced relational trauma at an early age either weren’t taught how to have clear, predictable, and logical boundaries or had that training interrupted. Chances are, we do not know how to set those kinds of boundaries for ourselves now. In fact, we probably have a skewed idea of what healthy boundaries look like. We might think it’s our responsibility to prevent others from getting mad or sad. We might have had to do this to keep ourselves safe during childhood. We might think it’s perfectly acceptable to micromanage someone else’s choices. (And we probably don’t see it as “micromanaging.” It’s more likely that we see our behavior as helpful or supportive.)
There are a million examples of unhealthy boundaries (or lack of boundaries). Here are a few common ones:
Saying yes when we mean no.
Trying to control someone else’s behavior or choices.
Being unclear (with ourselves and others) on what we’re willing to tolerate and what we’re not.
Not telling the truth about what is working for us and what isn’t.
If we break a commitment to someone, being dishonest with them about why.
Not saying how we feel because we think someone doesn’t want to hear it.
Being unwilling to end a relationship if that relationship has become nonreciprocal.
Not letting people have their feelings when we say no or set and hold a limit.
Not Accepting someone else’s limits without becoming defensive or punishing.
It is understandable that at some point, we learned that we would be safer or more effective at getting what we wanted if we demonstrated these behaviors. As adults, though, most of us have found that they no longer serve us. We understand that these behaviors keep us from genuinely connecting with ourselves and others.
See if this scenario sounds familiar. Your partner tells you he’s been working really hard, is tired, and needs a break. He asks if you’d mind if he took a long weekend away with some friends to blow off some steam. This is the third recreational trip he’s taken without you in four months while you have not taken one in two years. You have also been working hard, are tired, and would like a weekend away with your friends. If you say no, you don’t mind, it will mean managing your fulltime work schedule, your two-and-a-half-year-old, and preparing for the week-long visit from out-of-town family you’ve scheduled for the upcoming holiday week. If you say yes, you absolutely mind, it will mean disappointing your partner. You say yes, throw this newest resentment in your resentment bank, and martyr through. He has a great time and comes back feeling refreshed.
The fact that you said yes to the trip isn’t what makes this an unhealthy boundary. Plenty of partners trade off taking separate vacations. It’s the fact that you haven’t traded off taking vacations in years, said yes when you meant no, didn’t tell the truth about what’s working for you and what’s not, and silenced your feelings to keep your partner from feeling disappointed.
Sometimes we confuse boundaries with controlling behavior.
Boundaries involve choices, what we are willing to do and accept and what we are not, and our behavior that we can control. “I won’t answer your call if you call after 9:30p.” Or “If you continue to talk to me this way I’m going to leave.” Or “I can’t help you with that right now. If you still need help in a couple of hours, try back then.”
Controlling behavior is manipulative and often passive-aggressive. “I told you I’d leave you if you didn’t stop drinking and start going to AA so, I’ll take you to your AA meeting to make sure you go, wait outside to see if you stay, and pick you up to make sure you don’t go to any bars or liquor stores on the way home.” Or “I hate the way she talks to me. I’m going to give her the cold shoulder whenever she says something in a way I don’t like so that she gets the message.” Or “I’m making plans with a friend for next week even though I might not feel up to hanging out with them. I want to please them in the moment. Rather than making tentative plans, I’m going to cancel last minute because I don’t want to deal with them feeling frustrated or disappointed with me right now. I’ll just avoid them for a few days after I cancel our plans and then go on as if nothing has happened.”
We exert control over people or situations instead of setting boundaries so that we don’t lose the relationship or situation on which we are dependent.
Weak boundaries often flop either way. If we know that we can be pressured into doing something we don’t want to do, we probably assume others can, too. Unconsciously or intentionally, we might apply pressure or bulldoze to get someone to relax their boundaries.
We’re afraid to set boundaries because we don’t want to deal with what happens when we keep them. We don’t want to have to hold the limit with our children or parents or partners or friends or coworkers. Boundaries are painful. They take work and commitment. It hurts when someone is mad at us or when we have to separate from them for a while or for good.
Instead, we try to show someone how frustrated or scared or sad we’re feeling by saying mean things, doing things “at” them (drinking, stomping around the house, eating, starving, literally anything), making empty threats, tantruming, or shutting someone out for a day or two. If we weren’t allowed to set boundaries as children, if our boundaries weren’t respected, or if we never learned how to set boundaries, we’ll be well-practiced at power struggling and weak at boundary setting as adults.
A sneaky way for us to fall off our boundaries game is the urge to care-take.
We give advice or help without being asked. We insinuate ourselves into someone else’s situation and micromanage them. We rescue people, do for them, give to them because we want to feel needed, indispensable, helpful, and lovable. Usually, what happens is the other person starts to expect this from us. They depend on us. We feel good about ourselves knowing that we’re taking care of someone and we wait for the effusive gratitude and love. When the reciprocity doesn’t come, we start to feel resentful because we are doing so much. It’s pretty much doomed from the start.
There is a difference between giving to others and helping people in need and care-taking so that we get our needs met. We give so that we live inline with our values. We care-take in hopes of not being abandoned. When we care-take, the boundary between our responsibility and others’ responsibility is blurred.
Often, we get so sick or run down we can’t perform our care-taking behaviors continuously. Some of us pray for a sick day so that we have an excuse to stay home and not take care of anyone else for a while. Self-care is so foreign to us that we feel we have to justify it through illness or injury. “I’ve been working hard and taking care of everyone else. I’m exhausted and sick as a dog. I deserve to stay in bed and watch TV and rest.” We equate care-taking with earning our keep. Some of us are often sick or inured and use that time to wait for others to give us the same care we’ve given them. This is, of course, a set up for everyone.
The more we give until we’re depleted and neglect our own needs, the more we martyr ourselves, the needier we become. We drive ourselves deeper into emotional debt. Our resentments increase, and we become the dreaded victim.
Being a perpetual victim is exhausting both for us and for the people in our lives.It happens when we don’t take responsibility for our choices and believe that everyone else’s wellbeing depends on us. We say things like, “What am I supposed to do? Not give my sister money when I know she’s struggling with her finances?” Or “Of course I’m going to spend the holidays with my mother. It doesn’t matter if I have a good time or not. That’s not what’s important. What, am I just not going to go and make her think I don’t love her? Then what?” When we are victims, everything we do is a burden. We have to give that unlikable coworker a ride home if they ask. We have to stay at the job we hate. We have to say yes when a family member asks us for a favor. We have to suck it up and give our last piece of energy away.
Sometimes it’s a fine line between care-taking and taking care of our responsibilities. If we are in charge of caring for children, animals, or dependent adults we can’t stop or duties, but we can ask for help and make sure we are meeting our biological and emotional needs. We can make sure that we’re not trying to do more than we realistically can. We can remember that we can say no. Care-taking has the attitude of “I have to do it all.” Boundaries and taking care of our responsibilities are about choices and sound like “This is what it is right now. Is there a way I can approach things differently? Is there a different perspective I can access? What are my choices here?”
It’s normal to want to help someone when we see them in need. Helping doesn’t mean we’re not setting healthy boundaries. It’s not so much the what as it is the how and why. Am I saying yes to this person because I genuinely want to help them or because I’m afraid of losing the relationship if I don’t? Am I straightening the living room because I want to maintain my responsibility to myself and the space I live in or am I doing it “at” the members of my family, huffing and stomping around, trying to get them to see how much I’m doing while they sit there and watch TV? Do I list all the things I’ve done today so that everyone can see how worthy and productive I am?
Loving someone and sincerely wanting to help them means that we will:
Check in with ourselves to see what kind of place we are in to help. If someone asks us directly for our help, it’s always acceptable to say, “Let me get back to you,” and decide what, if anything, we are willing to do.
Pay attention to relationships in which there is low or no reciprocity. Is this working for you?
Notice and be honest with ourselves when we are giving because we want to receive. (Ever heard of “needy giving?”)
Take responsibility for our feelings and choices.
Not take responsibility for other people’s feelings and choices.
Make a deliberate choice to take care of ourselves and stop when we need a break.
Understand that saying no is sometimes the best help we have to offer someone.
Ask ourselves why we feel compelled to help someone and what we’re hoping to gain from it.
The more we trust and accept ourselves, the more we will trust and accept our boundaries and limits. When we’ve experienced relational trauma, our ability to trust and accept ourselves is compromised and sometimes terminated. If we are willing to be uncomfortable as we learn how to identify, set, and hold the boundaries that feel right for us, we will be able to contact self-trust and self-acceptance again or for the first time. We will test patience, fail, disappoint others, feel awkward, and make mistakes. And we will finally learn that we can survive all of those things.
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Q:
Execute DDL from hibernate
I know that SchemaExport should be my friend. But I am using liquibase and want to execute the DDL - pure sql statements - generated from liquibase to recreate the database before every test method.
Do you see problems with the following code? I wonder that this seems to be so complicated ...
public static int executeScript(String sqlFileOnClasspath) {
Session sess = getSessionFactory().openSession();
Transaction ta = sess.beginTransaction();
int sqlCmd = 0;
try {
BufferedReader bReader = new BufferedReader(new InputStreamReader(
Util.class.getResourceAsStream(sqlFileOnClasspath), "UTF-8"));
String line;
while ((line = bReader.readLine()) != null) {
if (line.startsWith("--") || line.trim().isEmpty())
continue;
final String tmp = line;
sess.doWork(new Work() {
@Override
public void execute(Connection connection) throws SQLException {
connection.createStatement().execute(tmp);
}
});
sqlCmd++;
}
} catch (Exception ex) {
log.error("Couldn't execute " + sqlFileOnClasspath, ex);
} finally {
ta.commit();
sess.close();
}
return sqlCmd;
}
BTW: For liquibase you will need to do:
// remove all hibernate managed tables
SchemaExport schemaTool = new SchemaExport(getConfiguration());
schemaTool.drop(false, true);
// DROP TABLE DATABASECHANGELOGLOCK;
// DROP TABLE DATABASECHANGELOG;
executeScript("/drop-none-hib.sql");
// now execute the DDL statements from liquibase
int sqlCmd = executeScript("/schema.sql");
log.info("Executed " + sqlCmd + " sql commands");
A:
Security
Directly executing unprepared statements may lead to SQL injection. However, you seem to read DDL statements from a static file, so this shouldn't be a problem, just wanted to note that.
Exception Handling
Missing entirely, e.g. properly closing the input streams, the connections etc. Also, it misses having detailed information on which of the statements failed if any of the SQLExceptions are being thrown. sqlCmd variable also counts failed statements, so I doubt the usefulness of this counter.
Parsing SQL/DDL
You're testing for -- style comments, but not for /* */ comments. That'll bite you some day. Also, the parser assumes a SQL statement per line. Longer statements may be multiline and end with semicolons which need to be trimmed. Not sure about how liquibase generates the statements though, so this may not be a real problem.
Transaction Handling
DDL statements cannot be rolled back anyway, so not sure about the transactions being helpful. Please correct me if i'm wrong.
Otherwise, as it's for testing, i looks fine to me too.
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Vermilion Parish, Louisiana
Vermilion Parish () is a parish located in the U.S. state of Louisiana. As of the 2010 census, the population was 57,999. The parish seat is Abbeville. The parish was created in 1844.
Vermilion Parish is part of the Lafayette, LA Metropolitan Statistical Area.
Vermilion and neighboring Cameron parishes are represented in the Louisiana State Senate by the Republican Jonathan W. Perry of Kaplan.
In the past several decades, much of the southern portion of the parish has been swept away by water erosion, especially after Hurricane Katrina and Hurricane Rita in 2005.
History
Indigenous peoples lived in the area for thousands of years, from different cultures. By historic times, the Chitimacha and Atakapa inhabited the area and were the American Indians encountered by Spanish and French explorers and settlers. The tribes' numbers were drastically reduced as a result of exposure to European diseases to which they had no immunity.
French, Spanish, enslaved Africans, and French-Canadians from Acadia expelled after the Seven Years' War won by Great Britain, had all entered the area by the end of the 18th century. As the population became mostly Cajun, the primary language was French for years. In the mid- to late 19th century, they were joined by European Americans; immigrants from Italy, recruited to work on the plantations, as well as Jewish immigrants from Germany and eastern Europe, who tended to settle in towns and become merchants.
Geography
According to the U.S. Census Bureau, the parish has a total area of , of which is land and (24%) is water. It is the fifth-largest parish in Louisiana by total area. The Gulf of Mexico is located to the south of the parish.
Major highways
U.S. Highway 167
Louisiana Highway 13
Louisiana Highway 14
Louisiana Highway 82
Adjacent parishes
Acadia Parish (north)
Lafayette Parish (northeast)
Iberia Parish (east)
Cameron Parish (west)
Jefferson Davis Parish (northwest)
Demographics
Home to a number of Cajun peoples, as of the census of 2000, there were 53,807 people, 19,832 households, and 14,457 families residing in the parish. The population density was 46 people per square mile (18/km²). There were 22,461 housing units at an average density of 19 per square mile (7/km²). The racial makeup of the parish was 82.68% White, 14.17% Black or African American, 0.30% Native American, 1.82% Asian, 0.01% Pacific Islander, 0.26% from other races, and 0.76% from two or more races. 1.38% of the population were Hispanic or Latino of any race. 24.89% reported speaking French or Cajun French at home, while 1.64% speak Vietnamese and 1.02% Spanish.
There were 19,832 households out of which 37.10% had children under the age of 18 living with them, 55.50% were married couples living together, 13.00% had a female householder with no husband present, and 27.10% were non-families. 23.10% of all households were made up of individuals and 10.90% had someone living alone who was 65 years of age or older. The average household size was 2.67 and the average family size was 3.16.
In the parish the population was spread out with 28.10% under the age of 18, 9.40% from 18 to 24, 28.20% from 25 to 44, 20.80% from 45 to 64, and 13.50% who were 65 years of age or older. The median age was 35 years. For every 100 females there were 93.90 males. For every 100 females age 18 and over, there were 89.80 males.
The median income for a household in the parish was $29,500, and the median income for a family was $36,093. Males had a median income of $31,044 versus $18,710 for females. The per capita income for the parish was $14,201. About 17.40% of families and 22.10% of the population were below the poverty line, including 30.00% of those under age 18 and 21.40% of those age 65 or over.
Education
Vermilion Parish School Board operates public schools in the parish. However, the schools serving Delcambre are located in Vermilion Parish and are operated by Iberia Parish School System.
On January 8, 2018, teacher Deyshia Hargrave was asked by a marshal to leave the room after she questioned the Vermilion Parish School Board on their decision to increase the salary of superintendent Jerome Puyau but keep teacher salaries stagnant. After she walked out into the hallway, the marshal handcuffed and arrested her. The city's prosecutor and the board declined to press charges. Board president Anthony Fontana described the incident as a "set up" and blamed "the poor little woman" for the incident, saying, "She could have walked out and nothing would have happened." As a result, Fontana resigned around ten days later.
Schools
Public Schools that are run by the Vermilion Parish School Board include:
Cecil Picard Elementary (Grades PK-5) (Maurice)
Dozier Elementary (Grades PK-5) (Erath)
Eaton Park Elementary (Grades PK-2) (Abbeville)
Forked Island - E. Broussard Elementary (Grades PK-8) (Abbeville)
Indian Bayou Elementary (Grades PK-5) (Rayne)
James A. Herod Elementary (Grades 3-5) (Abbeville)
Jesse Owens Elementary (Grades PK-5) (Gueydan)
Kaplan Elementary (Grades PK-4) (Kaplan)
Leblanc Elementary (Grades PK-5) (Abbeville)
Meaux Elementary (Grades PK-5) (Abbeville)
Seventh Ward Elementary (Grades PK-5) (Abbeville)
Erath Middle (Grades 6-8) (Erath)
J. H. Williams Middle (Grades 6-8) (Abbeville)
North Vermilion Middle (Grades 6-8) (Maurice)
Rene A. Rost Middle (Grades 5-8) (Kaplan)
Abbeville High (Grades 9-12) (Abbeville)
Erath High School (Grades 9-12) (Erath)
Gueydan High (Grades 6-12) (Gueydan)
Kaplan High (Grades 9-12) (Kaplan)
North Vermilion High (Grades 9-12) (Maurice)
Vermilion Parish is also served by the Diocese of Lafayette with three schools:
Maltrait Memorial School (Grades PK-8) (Kaplan)
Mt. Carmel Catholic School (Grades PK-8) (Abbeville)
Vermilion Catholic High School (Grades 9-12) (Abbeville)
Additionally, Vermilion Parish is served by two unaffiliated private school:
Harvest Time Christian Academy (Grades PK-12) (Abbeville)
Lighthouse Christian High School (Grades 9-12) (Abbeville)
Vermilion Parish is served by one institution of higher education:
South Louisiana Community College, Gulf Area Campus (Abbeville)
Communities
Cities
Abbeville (parish seat)
Kaplan
Towns
Delcambre (part)
Erath
Gueydan
Village
Maurice
Unincorporated communities
Boston
Camille
Charogne
Forked Island
Grosse Isle
Henry
Leblanc
Leroy
Indian Bayou
Intracoastal City
Meaux
Pecan Island
Perry
Politics
Home of Catherine Romaine, Vermillion Catholic Alumni and 2018-2019 Louisiana Senior State Beta Club Vice President
See also
National Register of Historic Places listings in Vermilion Parish, Louisiana
References
External links
Heinrich, P. V., 2006, White Lake 30 x 60 minute geologic quadrangle. Louisiana Geological Survey, Baton Rouge, Louisiana.
Heinrich, P. V., J. Snead, and R. P. McCulloh, 2003, Crowley 30 x 60 minute geologic quadrangle. Louisiana Geological Survey, Baton Rouge, Louisiana.
Vermilion Historical Society
Vermilion Parish Sheriff's Office
Category:Louisiana parishes
Category:Acadiana
Category:1844 establishments in Louisiana
Category:Populated places established in 1844
Category:Articles containing video clips
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Noninvasive investigation of the gastrointestinal tract in collagen-vascular disease.
We have investigated the use of 111Indium granulocyte scanning, which would be expected to identify areas of perivascular or generalized neutrophil infiltration, in patients with collagen-vascular diseases suffering from either gastrointestinal symptoms (diarrhea or abdominal pain in 15 patients) or otherwise unexplained fever (six patients). Among patients with gastrointestinal symptoms, seven of 15 had positive scans suggesting large or small bowel involvement--three of three patients with Behcet's syndrome, four of five with vasculitis, no patient in six with systemic lupus erythematosus, and no patient with Churg-Strauss syndrome. Among patients without gastrointestinal symptoms, only one patient with polyarteritis nodosa had a positive scan, showing both large and small intestinal involvement. White cell scanning offers a noninvasive, readily tolerated technique for identifying inflammatory involvement of the intestine in patients with collagen-vascular disorders. Gastrointestinal involvement is rare in the absence of symptoms; and among symptomatic patients, inflammatory involvement of the gut is more likely to be found in patients with vasculitis or Behcet's.
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329 Mass. 649 (1953)
110 N.E.2d 123
ALBERT H. CLINE
vs.
DAVID CLINE.
Supreme Judicial Court of Massachusetts, Norfolk.
December 1, 2, 1952.
January 7, 1953.
Present: QUA, C.J., LUMMUS, RONAN, WILLIAMS, & COUNIHAN, JJ.
Max J. Zieman, (Maurice B. Ulin with him,) for the petitioner.
George Alpert, for the respondent.
COUNIHAN, J.
This is a petition for discovery filed in the Probate Court under G.L. (Ter. Ed.) c. 215, § 44, as amended by St. 1941, c. 323, § 1, and St. 1943, c. 91.[1] From an order of a judge dismissing the petition as matter of discretion the petitioner appeals. The evidence is not reported but the judge filed a report of material facts.
The issues before us are: (1) Was it within the discretion of the judge to dismiss the petition? (2) If it was discretionary, was that discretion exercised by the judge who issued a citation upon the petition when it was filed?
We are of opinion that there was no error in the dismissal of the petition.
From the record it appears as follows: Herman Cline died testate on March 31, 1950, and Joseph F. Ford was appointed executor under his will. Herman and David Cline had been copartners doing business under the name of Cline Manufacturing Company. The petitioner, Albert *651 H. Cline, is a beneficiary and trustee under the will of Herman. In December, 1951, Albert and another filed a petition in the Probate Court alleging in substance that Ford as executor had transferred to David the interest of the estate of Herman in the partnership business, in pursuance of a written agreement between Ford and David which was assented to by the petitioners in that case. There were further allegations that Ford and David had conspired between themselves for the fraudulent purpose of transferring this interest to David at an unfair price, and that they had not dealt openly and fairly with the petitioners.
On January 16, 1952, in support of that petition Albert filed this petition for discovery against David. In it he complained that with good cause he suspected that David had fraudulently received, concealed, embezzled, or conveyed away certain personal property of the estate of Herman and sought that David be cited to appear and be examined under oath upon the matter of the complaint. This petition was presented to a judge who ex parte indorsed upon it "Let citation issue as prayed for."
On February 20, 1952, the return day of the citation, David with counsel appeared before another judge and objected to the allowance of this petition. The petitioner had served on David a subpoena duces tecum requiring him to bring for examination voluminous papers, records, cancelled checks, books of account, and other documents relating to the conduct of the partnership business from January 1, 1945, to July 7, 1950. The hearing was continued until February 27, 1952. On both occasions counsel for the parties made statements of fact and argued. Apparently no testimony was taken. Counsel for the petitioner stated that he intended to examine David regarding the items mentioned in the subpoena. Counsel for David represented that such an examination would take many days and perhaps weeks with substantial expense to David, and that there was an adequate alternative. Later on February 27, 1952, this judge entered the following order: "After a hearing the within petition is dismissed as a matter of discretion."
*652 We are of opinion that it was within the discretion of the judge to dismiss this petition. The statute provides that "the court may [emphasis supplied] cite such suspected person ... to appear and be examined on oath...." It was said in Brennan v. Election Commissioners of Boston, 310 Mass. 784, at page 786, with many citations, "it remains true that `may' is not an apt word to express a positive mandate. It is a word of permission and not of command. It should be construed, if possible, in accordance with its true signification.... In general, throughout our statutes, the distinction between words of permission or discretion and words of command, including the distinction between `may' and `shall,' has been carefully observed.... We should not in any case lightly conclude that the distinction has been overlooked."
Furthermore, the power conferred by this statute, c. 215, § 44, is analogous to the power exercised by the courts of chancery in England, upon a bill for discovery. McNulty v. Howe, 290 Mass. 597, 598. Indeed by the amendment by St. 1943, c. 91, a proceeding under c. 215, § 44, shall be entitled "petition for discovery." Under English chancery practice "Discovery is not a matter of right but is discretionary, and will not be permitted to be used in an oppressive manner." Daniell's Chancery Practice (8th ed.) page 574. Petre v. Sutherland, 3 T.L.R. 275.
The case of Owens-Illinois Glass Co. v. Bresnahan, 322 Mass. 629, relied upon by the petitioner, is not authority to the contrary. That case only determined that a "court of general equity jurisdiction has authority to grant ... discovery" (page 632). It is true that in the opinion in that case there appears a quotation from Reynolds v. Burgess Sulphite Fibre Co. 71 N.H. 332, 340, as follows: "Neither does the right of discovery of books and documents depend upon the discretion of the court...." In neither the New Hampshire case nor the Bresnahan case was the matter of the discretion of the judge to grant discovery in issue. We consider the quotation of the statement in the New Hampshire case in the Bresnahan case as dictum only. In any *653 event we are not disposed to accept that statement as binding upon us in the instant case.
A further contention of the petitioner is that even if c. 215, § 44, permits the exercise of discretion to allow or dismiss a petition for discovery, such discretion was exercised and exhausted by the judge to whom it was first presented and who, ex parte, did nothing more than order a citation to be issued upon it.
We do not agree. Proceedings under § 44 obviously come within the equity jurisdiction of Probate Courts. The amendment by St. 1941, c. 323, § 1, reads in part, "The examination shall be had and recorded in such manner as the court shall direct...." Because this follows the provision for citing the suspected person to appear, the implication of the language of the amendment is that no examination shall be directed until such person shall have had an opportunity to appear and be heard as provided in Rules 25-27 of the Equity Rules of the Probate Courts (1934). See McNulty v. Howe, 290 Mass. 597, 599-600.
It is rarely that even the slightest infringement of rights of a person to his liberty or property is permitted until such person is given an opportunity to appear and be heard. The judge who dismissed the petition followed this course.
From the report of material facts we cannot find any abuse of discretion. He may have found that the petitioner was not acting in good faith since he assented to the sale to David. He may have found that the complaints against David were not specific but were vague, or he may have determined that "the benefit to the applicant is remote and out of all proportion to the trouble and expense to which the respondent will be put in complying...." Daniell's Chancery Practice (8th ed.) page 574. He may have even decided that there was available to the petitioner another adequate method to obtain the information sought. Any of these factors would have justified the action of the judge in dismissing this petition as matter of discretion. We cannot say that he was plainly wrong.
Decree affirmed.
NOTES
[1] "Section 44. Upon complaint to a probate court by a person interested in the estate of a deceased person against a person suspected of having fraudulently received, concealed, embezzled or conveyed away any property, real or personal, of the deceased, the court may cite such suspected person, although he is executor or administrator, to appear and be examined on oath upon the matter of the complaint. If the person so cited refuses to appear and submit to examination, or to answer such interrogatories as may be lawfully propounded to him, the court may commit him to jail until he submits to the order of the court. The examination shall be had and recorded in such manner as the court shall direct, and the final record shall be signed by the party examined. A proceeding hereunder shall be entitled `petition for discovery.'"
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Prague, Jan 8 (CTK) – Roughly one-half of Czechs share the view that the best way to learn a foreign language is to have a study stay abroad, according to a poll conducted by the STEM polling institute released today.
About one-fifth believe that instruction at school is efficient.
Three-quarters of Czechs say the knowledge of English is vital and the state should contribute to language education also outside the school curricula.
The poll was conducted on a sample of 306 parents with at least one child aged 13-25 and 306 students aged 15-25.
Some 76 percent of the parents and 82 percent of the children share the view that the knowledge of a foreign language influences prosperity of society, due to which the state should sponsor language education, e.g., in the form of loans for language stays.
In a similar way, language education is sponsored by Sweden, Denmark and Finland whose population excels in the knowledge of foreign languages.
English is by far the most useful language for foreign trips, career and studies, most Czechs say.
Three-quarters of parents want their children to manage a foreign language at least on the level of communication. Around one-quarter share the view that thanks to modern technologies, the knowledge of languages will be less necessary soon.
One-half of both students and parents believe that the stay in the country in which the language in question is spoken is the most efficient form of instruction. Some 85 percent are ready to pay over 20,000 crowns for such a stay.
On average, parents annually spend about 5,000 crowns on language education of their children.
The average gross salary is now about 33,700 crowns a month.
For 75 percent of students, Britain is the most desired destination. It is followed by the USA (67 percent) and Canada (37 percent).
Britain is also preferred by 76 percent of parents, followed by the USA with 48 percent and Canada and Australia with 23 percent each.
In a recent international comparison conducted by EF Education First, Czech students fell from the 20th to the 23rd place in their knowledge of English in the ranking.
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BENEVOLENT ASSISTANCE
Services provided for those in need are:
Food
Clothing
Utility Assistance
Hygiene Items
Rent Assistance
Spiritual Counseling
Clients are seen on a "first come, first served" basis on Tuesdays and Thursdays. Doors open at 8:30 AM, but please be aware that there is usually a line at the door of the Ministry Center when we open. Due to the limited volunteers, funds, and time, only a certain number of clients will be seen each day.
Guidelines for assistance are:
Financial assistance (rent and utilities) - Once every 12 months.
Food assistance - Once every 3 months.
The clients will need to provide the following:
Legal and valid photo ID (Driver's License, Passport or Military ID)
Social Security Cards for each person in the home
Documentation of income dated within the last 6 months.
For utility assistance, the most recent statement and the account must be in the name of the person seeking assistance. Service MUST be currently in use.
For rent assistance, a legally binding lease agreement and contact information of the landlord.
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116 S.E.2d 374 (1960)
253 N.C. 112
James H. POTTER, Jr., James H. Potter, III, and Gilbert M. Potter, t/a and d/b/a Potter's Store, a Partnership; and New Hampshire Insurance Company, a Corporation,
v.
CAROLINA WATER COMPANY, a Corporation.
No. 91.
Supreme Court of North Carolina.
October 12, 1960.
*377 C. R. Wheatly, Jr., and Thomas S. Bennett, Beaufort, for plaintiff appellees.
John G. Dawson, Albert W. Cowper, Kinston, and Luther Hamilton, Morehead City, for defendant appellant.
RODMAN, Justice.
Defendant, by motion to nonsuit and by exception to the charge as a whole, challenges plaintiffs' right to recover notwith-standing the undisputed testimony that there was a total failure to furnish any water to the hydrants during the critical period, and because of such failure plaintiffs' property was destroyed. It bases its denial of liability on two propositions: (1) Breach of a definite and specific contract between a private corporation and a municipality to furnish water for fire purposes creates no right of action in a citizen who suffers damage as a result of such breach; (2) even if such right of action may exist for breach of a contract definite and specific in its terms, the contract on which plaintiffs base their claim is so indefinite and uncertain that plaintiffs' evidence fails to establish a breach.
Counsel for defendant open their argument with the statement: "* * * the question here directly presented is almost a brand new question in this state to the present generation of lawyers." They then concede that the question which they first pose for determination was decided adversely to their contention in Gorrell v. Greensboro Water Supply Co., 124 N.C. 328, 32 S.E. 720, 46 L.R.A. 513, decided at the Spring Term 1899, followed by Fisher v. Greensboro Water Supply Co., 128 N.C. 375, 38 S.E. 912, decided at the Spring Term 1901 (See Guardian Trust & D. Co. v. Fisher, 200 U.S. 57, 26 S.Ct. 186, 50 L.Ed 367); Jones v. Durham Water Co., 135 N.C. 553, 47 S.E. 615, decided at the Spring Term 1904; Id. 138 N.C. 383, 50 S.E. 769; Morton v. Washington Light & Water Co., 168 N.C. 582, 84 S.E. 1019, decided at the Spring Term 1915; and Powell & Powell v. Wake Water Co., 171 N.C. 290, 88 S.E. 426, decided at the Spring Term 1916, all holding that a citizen injured by breach of a contract by a private corporation to supply water to his municipality for fire protection might maintain an action for damages personal to him resulting from a breach of the contract, and he might sue for a breach of the contract or for a negligent failure to comply with the contract.
Counsel for defendant urge us to now overrule those cases and to hold that no such action may be maintained. True, as defendant points out, the Gorrell case was decided by a divided Court, but Gorrell was unanimously accepted as the law of this State in Fisher and Jones.
In 1915 this Court was asked to re-examine the question and to join with the majority of the states in holding that property owners have no right of action because of a breach of such contract. Morton v. Washington Light & Water Co., supra. That the question again propounded was carefully considered is manifest from the several opinions and an inspection of the cases cited in the opinions of Justice Allen, who spoke for the majority, and Justice Walker, who spoke for the minority. An examination of the cases there cited will disclose that North Carolina, Kentucky, and Florida were in accord, and the decisions in other states were to the contrary. Kentucky and Florida continue to adhere to the rule as declared by us in the Gorrell case. See Clay v. Catlettsburg, Kenova & Ceredo Water Co., 301 Ky. 456, 192 S.W.2d 358; Florida Public Utilities v. Wester, 150 Fla. 378, 7 So.2d 788.
*378 The Morton case was followed a year later by Powell & Powell v. Wake Water Co., supra, where the right to sue was again recognized.
It is manifest from the decision in the Morton case that the doctrine of stare decisis played an important part. Allen, J., said [168 N.C. 582, 84 S.E. 1020]: "Another reason for refusing to sustain the position of the defendant is that it entered into the contract with the city of Washington in 1901, two years after the Gorrell case was decided, and as all laws relating to the subject-matter of a contract enter into and form a part of it as if expressly referred to or incorporated in its terms (citations), it was within the contemplation of the parties at the time the contract was made that the defendant would be liable to the citizen for loss by fire caused by its negligent failure to perform the terms of the contract, as held in the Gorrell case, and to hold otherwise now would relieve the defendant of a responsibility which it knowingly assumed."
Brown, J., concurring in the result, said: "I recognize the fact that the overwhelming weight of authority, including that of the Supreme Court of the United States, is against the decisions of this court in the Gorrell, Fisher, and Jones cases, cited in the opinions in this case. But all three of those cases were decided and the opinions published before the contract in this case was entered into. Those decisions were well known to be the law of North Carolina when the franchise given to the defendant was applied for, and when it was agreed upon and its terms accepted. Whether those cases were correctly decided or not, they were the accepted law of this state at that time, and upon well-established principles entered into and formed a part of the contract under which the defendant operated, unless there is something to be found in the contract excluding such hypothesis."
The conclusion reached in the cases we are now asked to overrule has not been challenged for nearly half a century. To the contrary, the principles enunciated have been repeatedly approved. Illustrative, see Shepard Citations for the cases citing with approval the Gorrell case. See also Pinnix v. Toomey, 242 N.C. 358, 87 S.E.2d 893; Council v. Dickerson's Inc., 233 N.C. 472, 64 S.E.2d 551; Jones v. Otis Elevator Co., 231 N.C. 285, 56 S.E.2d 684.
The reasons why a court should adhere to conclusions deliberately reached in prior cases was well stated by Johnson, J., in Williams v. Randolph Hospital, 237 N.C. 387, 75 S.E.2d 303, 305: "The salutary need for certainty and stability in the law requires, in the interest of sound public policy, that the decisions of a court of last resort affecting vital business interests and social values, deliberately made after ample consideration, should not be disturbed except for most cogent reasons." Ward v. Cruse, 234 N.C. 388, 67 S.E.2d 257; State v. Dixon, 215 N.C. 161, 1 S.E.2d 521; Wilkinson v. Wallace, 192 N.C. 156, 134 S.E. 401; Fowle & Son v. O'Ham, 176 N.C. 12, 96 S.E. 639; Hill v. Atlantic & N. C. R. Co., 143 N.C. 539, 55 S.E. 854, 9 L.R.A., N.S., 606.
The contract here under consideration bears evidence, we think, that Tide Water and Beaufort were advertent to and recognized the rule in the Gorrell and other cases which followed. The contract provides: "The party of the first part shall not be liable for any failure or neglect to supply service to the said hydrants by reason of strike or accident beyond its control." (Emphasis supplied.) Here was apparently a recognition of the water company's right as declared by Brown, J., in Morton v. Washington Light & Water Co., supra. He said: "It could easily have been made to appear from the contract, if such was the agreement of the parties, that the defendant was dealing exclusively with the city, and was accountable only to it." Had it been the intent of the parties to the contract under consideration to deny a right of action to a property owner injured by failure to furnish water for fire protection, *379 more inclusive language would have been chosen.
We are not justified, under the facts here presented, in reversing the rulings made in Gorrell v. Greensboro Water Co., supra; Morton v. Washington Light & Water Co., supra, and Powell & Powell v. Wake Water Co., supra.
Is the contract so indefinite that the intent and agreement of the parties cannot be determined?
Certainly failure to include a date on which the contract would expire cannot relieve defendant of the duty to comply so long as it recognizes the contract as a continuing one. Defendant might have the right to terminate upon reasonable notice, Fulghum v. Town of Selma, 238 N.C. 100, 76 S.E.2d 368, but defendant did not defend on the ground that the contract was not in force at the time of the fire. To the contrary, the evidence tended to establish that the parties thereto recognized the contract as being in effect.
Defendant's contention that the contract does not show an agreement on its part to provide water for fire protection is, we think, without merit. True the contract does not in express language so provide, nor does it prescribe the quantity of water to be furnished or the pressure to be maintained. It does, however, obligate defendant to furnish and maintain "fire hydrants." It obligates Beaufort to use and pay the rental fixed for the hydrants furnished. It exculpates defendant from liability for failure "to supply service to the said hydrants by reason of strike or accident beyond its control." The order of the Utilities Commission, based on the joint application of Beaufort and defendant seeking approval of the sale by Carolina Power & Light and rates to be charged, provided: "Water in excess of present ordinary city's requirements for flushing sewers, streets, and fire protection to be metered and billed." (Emphasis supplied.) It is, we think, apparent that the parties contemplated that defendant would exercise reasonable care to provide such water supply and pressure to the hydrants as might be reasonably necessary to accomplish the purpose for which the contract was made, that is, to furnish fire protection to property in Beaufort.
The agreement to provide and maintain the fire hydrants is analogous to a sale of an article by a manufacturer for a particular purpose, that is, to provide fire protection. Such sale imposes an obligation to provide an article reasonably suitable for the purpose for which it is purchased. Southern Box & Lumber Co. v. Home Chair Co., 250 N.C. 71, 108 S.E.2d 70; Stokes v. Edwards, 230 N.C. 306, 52 S.E.2d 797. The rule finds a parallel in contracts for services. Hazelwood v. Adams, 245 N.C. 398, 95 S.E.2d 917; Hagan v. Jenkins, 234 N.C. 425, 67 S.E.2d 380; Ivey v. Bessemer City Cotton Mills, 143 N.C. 189, 55 S.E. 613; Annotations to Robertson v. Wolfe, 49 A.L.R. 473; 35 Am.Jur. 530.
The Court of Appeals of Kentucky said with respect to a similar situation: "When a public service corporation such as a gas company obtains the privilege of occupying and using the streets for a particular public service that will be beneficial to the people of the city, and there is no express contract between it and the city defining its duties and obligations, the law will raise an implied and enforceable contract to take the place of the omitted express contract, and imposes on the company the obligation to render the service that was reasonably within the contemplation of the parties when the contract was made." Humphreys v. Central Kentucky Natural Gas Co., 190 Ky. 733, 229 S.W. 117, 119, 21 A.L.R. 664.
Plaintiffs have stated a cause of action based on the negligent failure to reasonably comply with its contract. The total failure to furnish water under the existing conditions for a period of time variously estimated at from thirty minutes to one and one-half hours is sufficient to *380 support a finding of negligence. The court placed the burden of establishing negligence on plaintiffs. Defendant took no exception to this portion of the charge. It has neither pleaded nor offered evidence that its failure to perform was due to a strike or accident. To exculpate itself on either of these grounds, it would carry the burden of proof. Fallins v. Durham Life Insurance Co., 247 N.C. 72, 100 S.E.2d 214; Thomas-Yelverton Co. v. State Capital Life Insurance Co., 238 N.C. 278, 77 S.E.2d 692; Wells v. Clayton, 236 N.C. 102, 72 S.E.2d 16; Jones v. Waldroup, 217 N.C. 178, 7 S.E.2d 366; Pasquotank & N. R. Steamboat Co. v. Eastern Carolina Transportation Co., 166 N.C. 582, 82 S.E. 956.
The other assignments of error have been examined. We find nothing to indicate prejudicial error. None is of sufficient importance to require discussion.
No error.
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Joe Jonas & Ashley Green Snuggle over Dinner
Before heading to Florida for a Walt Disney World vacation, an attentive Joe Jonas was taking good care of girlfriend Ashley Greene during their meal together at Cleo inside the Redbury Hotel in L.A. "He was very affectionate and sweet with Ashley," an onlooker tells us. The two got cozy on banquettes at the back of the restaurant as they enjoyed the Mediterranean-inspired food Jonas ordered for them.
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Products are often displayed in stores in boxes or other display structures which also function as bulk packages of the products. Such structures stand on the floor, carry a sizable stock of product, and have graphic display panels which advertise the product. Shipping cartons which double as a retail display are advantageous in that unpacking and stocking of a separate display is avoided. Also, shipping/display boxes can be easily recycled or otherwise discarded when emptied, eliminating the expense of permanent displays.
One disadvantage of combined shipping and display packages is that, because they are not intended to be restocked, once the stock is partially or totally depleted, an entire new shipment is required to replace the display. Although some structures include stock storage compartments, this stock has to be separately placed in the exterior display panels. What is lacking is a combined shipping and display device which carries additional stock in pre-loaded displays, in order to increase the retail display lifespan of the display without sacrificing the efficiencies of this type device.
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1. Field of the Invention
This invention relates to zoom lenses suited to single-lens reflex cameras or video cameras and, more particularly, to zoom lenses of relatively wide angle, high range and large relative aperture of the type in which the front lens unit is negative in power, or the so-called "negative lead" type, having four or five lens units in total. Herein, the term "unit" is equivalent to "group".
2. Description of the Related Art
The negative lead type of zoom lens, because of the lens unit of negative refractive power coming first in arrangement, is easier to increase the maximum image angle and amenable to shorten the minimum possible object distance for close-up photography. With these merits on one hand, there are, on the other hand, drawbacks that the diameter of the stop is caused to increase and that the range of variation of the image magnification becomes difficult to increase.
To overcome these drawbacks, there have been made previous proposals for minimization of the bulk and size of the entirety of the lens system in combination with a great increase of the range, as in, for example, Japanese Patent Publications Nos. Sho 49-23912 and Sho 55-14403 and Japanese Laid-Open Patent Applications Nos. Sho 53-34539, Sho 57-163213, Sho 58-4113, Sho 63-241511, Hei 1-193709 and Hei 2-201310.
In each of these publications, the zoom lens is made to comprise four lens units of minus-plus-minus-plus power arrangement in this order from the object side as a whole, of which certain ones are moved in appropriate relation to vary the focal length.
Recently, for the single-lens reflex camera or video camera, the public is demanding a zoom lens which includes wide image angles and has a high zoom ratio as the standard equipment. For example, the market has already sold single-lens reflex cameras of 35 mm format having zoom lenses of as wide a maximum image angle as 35 mm or 28 mm in focal length with the telephoto end at 70 mm each as the standard equipment.
More recently, there is demanded a zoom lens having an extended range toward the telephoto end with the result of from 28 mm to 80 mm or to 85 mm in focal length and a large relative aperture.
As the field of view increases to so wide an angle and the range, too, extends to so long a focal length, however, it becomes necessary in general to admit an unduly large increase of the physical length of the zoom lens and moreover to make elaborate the relation in which the lens units move to effect zooming. This leads to a multi-sleeve construction of the lens mounting. Thus, a problem arises in that the lens barrel increases largely in bulk and size and its mounting mechanism comes to a very complicated structure.
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The 35th America's Cup started in Portsmouth UK. After all the drama of San Francisco and 34th Cup and the come from behind win of Oracle USA and then the let down of the 35th Cup being sold to Bermuda and the boats downsized to 50 footers, we are back to racing.
Day One saw the UK team take first with a 1st and 2nd finish in the two races with Emirates and Oracle USA finishing 2nd and 3rd with lots of drama and lead changes. The foiling cats are still exciting as ever and the excellent race coverage video overlays and boat cams are still excellent so there is hope despite the downsizing and moving it offshore.
The race can be watched live using the America's Cup App on iTunes or Goggle Play. It's $8 for each event to watch live. For US viewers, you can only watch it on a iPad or Android device not on the website. That makes no sense. For those with Windows tablets, out of luck I suppose.
The French challenge lead by Franck Cammas makes for the required four challengers in order to resolve the situation with Australia Challenger of Record dropping out of over the America's Cup leaving San Francisco and the resulting problems that creates for sponsorship money. Cammas, winner of the Jules Verne trophy in the monster multihull and winner of the Volvo Round the World in monohull represents a credible America's Cup challenger.
If Groupmama provides the basic support, Cammas experience and skills combined with the French manufacturing expertise in multihulls would be a strong challenger for the Cup. One of the issues though is that Cammas is simultaneously trying to place on the French Olympic team for the new Nacra 17 multihull. Both campaigns require 100% commitment and Cammas will have to choose one or the other or likely lose out on both....
Jack Griffin at America's Cup Experience web site has a great proposal for one of the remaining challengers to make a DoG (Deed of Gift) challenge now that Australia has dropped out. Basic terms begin with race must be in San Francisco, which is the main reason everyone thinks Australia pulled out, because the race was inexplicably pulled from San Francisco of the powerful winds and center of the known universe status.
The Challenger of Record, Hamilton Island Yacht Club of Perth Australia dropped out. The America's Cup website has the usual informationless diplomatic comment but news sources say the Australian's dropped out because it was too hard to prepare for with no dates or venues set.
Hamilton Island is blaming Oracle for this but it seems a bit of smokescreen. It looks more like Hamilton Island got in but had no plan for local design or creation of a team. Which is also odd as the hired Ian Murray who ran the last America's Cup in SF and he was completely aware of what it took and setting up of dates. Murray took a lot of heat for exactly what Australia claims it is dropping out for now.
This happened last race with Mascalzone Latino the challenger of record dropped out.
But another reason could be Oracle not going back to San Francisco. That was a shock for everyone who were looking forward to the same big city, big win racing in the media spotlight,...
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Pod corn
Pod corn or wild maize is a variety of maize.
Pod corn is not a wild ancestor of maize, but a mutant that forms leaves around each kernel.
The six major types of corn are dent corn, flint corn, pod corn, popcorn, flour corn, and sweet corn.
References
Category:Maize
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Q:
wp-admin not working: server says my realm
Installed a fresh Wordpress Website. on clicking http ://mysite.com/wp-admin instead of showing wordpress login page, it shows auth entication required:-
Why may this be?
edit:- my .htaccess file. I don't think it password protects my wp-admin.
rewriteengine on
RewriteCond %{REQUEST_URI} ^.*wp\-login\.php.*$
RewriteCond %{HTTP_COOKIE} !^.*admin_authenticated\=yes.*$
RewriteCond %{REQUEST_URI} !^.*auth.php.*$
rewriterule ^(.*)$ /auth.php?red=%1 [R,L]
rewriterule ^.*auth.php.*$ - [PT]
# BEGIN WordPress
<IfModule mod_rewrite.c>
RewriteEngine On
RewriteBase /
RewriteRule ^index\.php$ - [L]
RewriteCond %{REQUEST_FILENAME} !-f
RewriteCond %{REQUEST_FILENAME} !-d
RewriteRule . /index.php [L]
</IfModule>
# END WordPress
A:
remove all this
rewriteengine on
RewriteCond %{REQUEST_URI} ^.*wp\-login\.php.*$
RewriteCond %{HTTP_COOKIE} !^.*admin_authenticated\=yes.*$
RewriteCond %{REQUEST_URI} !^.*auth.php.*$
rewriterule ^(.*)$ /auth.php?red=%1 [R,L]
rewriterule ^.*auth.php.*$ - [PT]
admin_authenticated is requiring a password! And I assume you haven't set up a password yet, or you tried the one you set it up as with username and password, and it didn't work.
So remove all that.
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Support Mother Jones
Our country faces a test like never before, and journalism needs to rise to the challenge. If you can, please help us get to the $400,000 goal Mother Jones needs to keep going strong with a donation today.
Our country faces a test like never before, and journalism needs to rise to the challenge. If you can, please help us get to the $400,000 goal Mother Jones needs to keep going strong with a donation today.
Jesse Furman, a judge on a federal district court in New York, has ordered top administration officials, including Commerce Secretary Wilbur Ross and Assistant Attorney General for Civil Rights John Gore, to sit for depositions as part of a lawsuit against the administration filed by New York and 16 other states challenging the citizenship question. The Trump administration plans to appeal those orders to the Supreme Court, and asked Furman to halt all depositions in the case “pending Supreme Court review.”
The depositions of Ross and Gore, in particular, could provide key insight into why the administration added a citizenship question to the census for the first time since 1950. Civil rights groups have strongly criticized the move, arguing it will make immigrants afraid to respond to the census, which will lead to undercounting of immigrants and reduced political power and resources for the areas where they live. Ross testified before Congress that the push for the citizenship question was “initiated” by the Justice Department, but internal documents released as part of the lawsuit show Ross aggressively lobbied the DOJ to request the question. The department eventually wrote a letter to the Census Bureau in December 2017, drafted by Gore, saying the question was needed to better enforce the Voting Rights Act—even though President Donald Trump’s DOJ hasn’t filed a single lawsuit to enforce the Voting Rights Act and the question has not been on the census since the act was passed in 1965. Furman wrote that Ross must sit for a deposition under oath because “his intent and credibility are directly at issue in these cases.”
Six major lawsuits, including the one from New York and 16 other states, are currently challenging the citizenship question. The first trial begins in New York City on November 5, one day before the midterm elections.
The census determines how $675 billion in federal funding is allocated, how much representation states receive, and how political districts are drawn.
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Subscribe to our free newsletters.
Email
Dear Reader,
This feels like the most important fundraising drive since I've been CEO of Mother Jones, with staggeringly high stakes and so much uncertainty. In "News Is Just Like Waste Management," I try to unpack the reality we all face and how we can rise to the challenge. If you're able to, this is a critical moment to support Mother Jones’ nonprofit journalism: We need to raise $400,000 to help cover the vital reporting projects we have planned, and right now is no time to pull back.
Monika Bauerlein,
CEO, Mother Jones
Dear Reader,
This feels like the most important fundraising drive since I've been CEO of Mother Jones, with staggeringly high stakes and so much uncertainty. In "News Is Just Like Waste Management," I try to unpack the reality we all face and how we can rise to the challenge. If you're able to, this is a critical moment to support Mother Jones’ nonprofit journalism: We need to raise $400,000 to help cover the vital reporting projects we have planned, and right now is no time to pull back.
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935 F.2d 280
Unpublished DispositionNOTICE: Federal Circuit Local Rule 47.8(b) states that opinions and orders which are designated as not citable as precedent shall not be employed or cited as precedent. This does not preclude assertion of issues of claim preclusion, issue preclusion, judicial estoppel, law of the case or the like based on a decision of the Court rendered in a nonprecedential opinion or order.ZIP DEE, INC. and Nu-Zip Dee Mfg., Inc., Plaintiffs-Appellants,v.A & E SYSTEMS, INC. (Now by Change-of-Name, LHGCorporation), Defendant-Appellee,andthe Dometic Corporation (Successor In Interest to A & ESystems, Inc.), Defendant/Cross-Appellant.
Nos. 90-1519, 91-1010.
United States Court of Appeals, Federal Circuit.
May 17, 1991.
Before RICH, ARCHER and LOURIE, Circuit Judges.
DECISION
RICH, Circuit Judge.
1
Zip Dee, Inc. and Nu-Zip Dee Mfg., Inc. (collectively Zip Dee) appeal and The Dometic Corporation (Dometic) cross-appeals from the Order Re: Contempt entered August 10, 1990 by the United States District Court for the Central District of California, Case No. CV 86-1659-LEW. We vacate the district court's assessment of a $50,000 fine against Dometic, and remand for further consideration consistent with this opinion. We affirm the district court's decision in all other respects.
OPINION
2
Without stating any reason therefor, the district court ordered A & E Systems, Inc. (A & E) and Dometic (collectively defendants) to pay $50,000 to Zip Dee for violation of paragraph (b) of the Injunction entered April 20, 1988. In its opening brief to this court, Dometic asserts that Zip Dee did not provide the district court with any evidence of damage based on defendants' use of post-injunction advertising. Zip Dee responds that the $50,000 fine was well within the district court's discretion, and represents "only a fraction of [its] costs and fees ...," but fails to cite any evidence of record that would support its assertion.
3
In reviewing a district court's imposition of civil contempt sanctions, we apply the law of the regional circuit, here the Ninth. See Graves v. Kemsco Group, Inc., 864 F.2d 754, 755 (Fed.Cir.1988). Such sanctions may be imposed in the Ninth Circuit either to compensate the contemnor's adversary for injuries resulting from the contempt, and/or to coerce obedience to a court order. General Signal Corp. v. Donallco, Inc., 787 F.2d 1376, 1380 (9th Cir.1986); Shuffler v. Heritage Bank, 720 F.2d 1141, 1147 (9th Cir.1983). Compensatory fines must be limited to actual losses sustained as a result of the contumacy. In re Crystal Palace Gambling Hall, Inc., 817 F.2d 1361, 1366-67 (9th Cir.1987) (citing United States v. United Mine Workers of America, 330 U.S. 258, 304 (1947)); General Signal, 787 F.2d at 1380; Shuffler, 720 F.2d at 1148. Coercive fines should be made payable to the district court, not to the prevailing party, and their amount is to be determined by considering the " 'character and magnitude of the harm threatened by continued contumacy, and the probable effectiveness of any suggested sanction.' " General Signal, 787 F.2d at 1380 (quoting United Mine Workers, 330 U.S. at 304).
4
Nothing in the record before us indicates that Zip Dee actually suffered a loss of $50,000 as a result of defendants' violation of the injunction. Therefore, to the extent the district court intended that it be compensatory, the fine assessed against defendants cannot be sustained. See id; Shuffler, 720 F.2d at 1148. Nor does the district court's Order indicate that the fine was intended to be coercive.
5
On remand, the district court should clarify whether it intends the fine to be compensatory or coercive in nature. If compensatory, the amount of the fine should be reconsidered in light of the requirement that such amount must be based on evidence of Zip Dee's actual loss, if any. If coercive, the fine should be made payable to the district court instead of to Zip Dee, and the amount determined in accordance with the United Mine Workers standard. See General Signal, 787 F.2d at 1380. Whatever the legal decision, it should be supported by appropriate findings of fact.
6
We have considered the additional issues raised by the parties, but are not persuaded that the district court erred in its disposition thereof.
COSTS
7
Each side to bear its own costs on appeal.
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special education
TexMessage Tuesday, March 26 Good morning, TexMessagers! How will budget cuts affect special needs students? TEXclusive The Texas Tribune reported yesterday that special education students will be one of the victims in Capitol Hill’s failure to resolve the sequester impasse. The Tribune reported special education programs could see a cut of $51 million in next […]
[Read More]
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Q:
Не могу поставить бота на сервер игры Го
Я не могу поставить бота на сервер игры Го.
Получаю такую ошибку
kl@ox:~/kgsBot/kgsGtp$ java -jar kgsGtp.jar pachi.config
Picked up JAVA_TOOL_OPTIONS: -javaagent:/usr/share/java/jayatanaag.jar
sep 15, 2015 2:01:09 AM com.gokgs.client.gtp.GtpClient main
FINE: KGS GTP Client v3.5.20 starting up
sep 15, 2015 2:01:10 AM com.gokgs.client.gtp.GtpClient main
SEVERE: Fatal exception
java.io.IOException: Cannot run program "./pachi": error=13, Permission denied
at java.lang.ProcessBuilder.start(ProcessBuilder.java:1048)
at java.lang.Runtime.exec(Runtime.java:620)
at java.lang.Runtime.exec(Runtime.java:450)
at java.lang.Runtime.exec(Runtime.java:347)
at com.gokgs.client.gtp.GtpClient.main(kgsgtp:918)
Caused by: java.io.IOException: error=13, Permission denied
at java.lang.UNIXProcess.forkAndExec(Native Method)
at java.lang.UNIXProcess.<init>(UNIXProcess.java:248)
at java.lang.ProcessImpl.start(ProcessImpl.java:134)
at java.lang.ProcessBuilder.start(ProcessBuilder.java:1029)
... 4 more
В чем проблема?
A:
Человеческим языком же написано :)
Cannot run program "./pachi": error=13, Permission denied
Нет прав на запуск ./pachi
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Tuesday, 11 December 2007
Child-rape prosecutor suspended
December 11, 2007 - 9:19PMAdvertisementThe prosecutor at the centre of the case in which six attackers escaped jail time for the gang rape of a 10-year-old in far-north Queensland has been stood aside, pending an investigation.Queensland Attorney-General Kerry Shine tonight said the Office of the Director of Public Prosecutions would investigate the conduct of Steve Carter, the senior legal officer responsible for Cape York matters in the DPP's Cairns chambers.Court transcripts released today showed Mr Carter had described the 2006 incident as "childish experimentation" and consensual "in a general sense".The child - who cannot be named - was gang-raped at the age of seven in Aurukun on Cape York in 2002, and was later put into foster care with a non-indigenous family in Cairns.However, child safety officers in April 2006 returned her to Aurukun, where she was raped again at the age of 10.Premier Anna Bligh today admitted the Child Safety Department had failed the girl."I think it is very important to understand, and I don't resile from the fact for one moment, the system clearly failed this little girl," Ms Bligh told reporters.But she said the government took immediate action by disciplining the officers involved, moving the child, and improving child safety processes.Ms Bligh could not give a reason for the officers' decision to return the girl to Aurukun, but said it should never have happened.Cairns-based District Court judge Sarah Bradley did not record convictions against six teenage attackers and gave three others aged 17, 18 and 26 suspended sentences over the 2006 rape.The state government is appealing the sentences and has ordered a review of around 75 sexual assault cases in Cape York over the past two years.One senior child safety officer has been sacked and two others suspended for 12 months on full pay over the incident, but the two suspended officers are appealing the decision.The girl is now in the care of the Child Safety Department away from Aurukun.While the Director of Public Prosecutions Leanne Clare declined to comment, her office today released transcripts of the court case.They revealed that during the case, Mr Carter described the incident - in which the girl contracted a sexually transmitted disease - as "consensual sex"."To the extent I can't say it was consensual in the legal sense, but in the other - in the general sense, the non-legal sense - yes, it was," Mr Carter told the court.Mr Carter said the sex had been prearranged and the males had not forced themselves on the girl."... they're very naughty for doing what they're doing but it's really, in this case, it was a form of childish experimentation, rather than one child being prevailed upon by another," he said.Mr Carter also told the court such incidents were not out of character in small, remote communities." ... children, females, have got to be - deserve - the same protection under the law in an Aboriginal or an indigenous community as they do in any other community," Mr Carter said."But sometimes things happen in a small community when children get together."Hetty Johnston, founder of Bravehearts, said a judicial inquiry was needed."The prosecutor is there to defend the rights of the victims - that man is standing behind the wrong desk," Ms Johnston told AAP."This girl's life has been screwed up by a combination of the (child safety) department and the DPP."AAP
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As I often say, as followers of Jesus, we have no choice but to move toward relationships with those who are marginalized, dehumanized, and in need of love. We don’t compromise our faith by hanging out with pe ...
I empathize with people fleeing the local church. Churches can be battlefields instead of harbors, pits of condemnation or politics rather than wells of living water. But the endless search for something “new” ...
"No matter how objective we may think we are or desire to be, we all see the world through a specific telescope/worldview. When we choose to look through the telescope of people who are “different” than u ...
As we mindfully pray and vote, here’s something to think about: Are we being like those in the Corinth community that shared an “unworthy” Table, or will we be creating a worthy Table beckoning the kingdom of ...
Many non-Christians lay the sins of our nation and even the world at the feet of the church. After all, a 77 percent of us self-identify as Christians (in 2009). So why is it that the Christian faith, the self ...
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<?xml version="1.0" encoding="utf-8"?>
<!-- Copyright (C) 2011 The Android Open Source Project
Licensed under the Apache License, Version 2.0 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.
-->
<shape xmlns:android="http://schemas.android.com/apk/res/android"
android:shape="rectangle">
<solid android:color="@color/bookmarkListFaviconBackground" />
<padding
android:left="@dimen/list_favicon_padding"
android:right="@dimen/list_favicon_padding"
android:top="@dimen/list_favicon_padding"
android:bottom="@dimen/list_favicon_padding" />
<corners android:radius="@dimen/list_favicon_corner_radius" />
</shape>
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Quality of life: questionnaires and questions.
Quality of life (QoL) is a phrase often used in health care settings at policy and administration levels, in clinical assessments of therapies, and in clinical management of individual cases. While QoL is a broad concept that covers such areas as social, environmental, economic, and health satisfaction, health-related quality of life (HRQL) is less wide ranging, including mental and physical health and their consequences. First, I question the singularity of HRQL, suggesting there are at least two distinct meanings of HRQL. Second, questionnaires designed to assess individual patients' HRQL allow a limited range of ways for patients to express their state of being. The Medical Outcomes Study Short Form (SF-36), which operationalises HRQL for a traditional clinical setting, is used to show in detail the restricted options that are available for patient respondents. The communications limitations of utility-based measures, designed as cost-effectiveness measures but often used as though they were HRQL instruments, are also discussed. For assessing the HRQL of individuals in a health setting, such questionnaires can provide only a starting point, which should be supplemented with good interaction and communication.
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Subsets and Splits
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